Bill Text: IL SB0172 | 2013-2014 | 98th General Assembly | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Election Code. Makes a technical change in a Section concerning the nomination of candidates for the General Assembly.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Passed) 2015-01-12 - Public Act . . . . . . . . . 98-1171 [SB0172 Detail]
Download: Illinois-2013-SB0172-Amended.html
Bill Title: Amends the Election Code. Makes a technical change in a Section concerning the nomination of candidates for the General Assembly.
Spectrum: Partisan Bill (Democrat 16-0)
Status: (Passed) 2015-01-12 - Public Act . . . . . . . . . 98-1171 [SB0172 Detail]
Download: Illinois-2013-SB0172-Amended.html
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1 | AMENDMENT TO SENATE BILL 172
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2 | AMENDMENT NO. ______. Amend Senate Bill 172 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Election Code is amended by changing | ||||||
5 | Sections 1-9, 1-12, 1A-8, 1A-16, 1A-16.5, 1A-25, 3-6, 4-6.3, | ||||||
6 | 4-10, 4-50, 4-105, 5-9, 5-16.3, 5-50, 5-105, 6-29, 6-50.3, | ||||||
7 | 6-100, 6-105, 7-15, 7-34, 7-61, 8-17, 9-21, 10-7, 11-4.1, 11-7, | ||||||
8 | 12-1, 13-1, 13-2, 13-10, 14-3.1, 16-5.01, 17-8, 17-9, 17-18.1, | ||||||
9 | 17-19.2, 17-21, 17-23, 17-29, 18-5, 18-9.2, 18A-5, 18A-15, | ||||||
10 | 19-3, 19-4, 19-5, 19-6, 19-7, 19-8, 19-10, 19-12.1, 19-12.2, | ||||||
11 | 19-13, 19-15, 19-20, 19A-10, 19A-15, 19A-25, 19A-35, 19A-75, | ||||||
12 | 20-1, 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-4, 20-5, 20-6, | ||||||
13 | 20-7, 20-8, 20-10, 20-13, 20-13.1, 20-25, 24-15, 24-16, 24A-6, | ||||||
14 | 24A-10, 24A-15.1, 24B-6, 24B-10, 24B-15.1, 24C-1, 24C-6, | ||||||
15 | 24C-11, 24C-13, 24C-15, 25-7, 28-9, 29-5, 29-20, and the | ||||||
16 | heading of Article 19 and Section 19-2 and by adding Sections | ||||||
17 | 1-9.1, 1-9.2, 1A-45, 13-3.5, 14-3.1A, 18A-218, 18A-218.10, |
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1 | 18A-218.20, 18A-218.30, and 18A-218.40, as follows:
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2 | (10 ILCS 5/1-9)
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3 | Sec. 1-9. Central counting of grace period, early, vote by | ||||||
4 | mail absentee , and provisional ballots. Notwithstanding any | ||||||
5 | statutory provision to the contrary enacted before the | ||||||
6 | effective date of this amendatory Act of the 94th General | ||||||
7 | Assembly, all grace period ballots, early voting ballots, vote | ||||||
8 | by mail absentee ballots, and provisional ballots to be counted | ||||||
9 | shall be delivered to and counted at an election authority's | ||||||
10 | central ballot counting location and not in precincts. | ||||||
11 | References in this Code enacted before the effective date of | ||||||
12 | this amendatory Act of the 94th General Assembly to delivery | ||||||
13 | and counting of grace period ballots, early voting ballots, | ||||||
14 | vote by mail absentee ballots, or provisional ballots to or at | ||||||
15 | a precinct polling place or to the proper polling place shall | ||||||
16 | be construed as references to delivery and counting of those | ||||||
17 | ballots to and at the election authority's central ballot | ||||||
18 | counting location.
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19 | (Source: P.A. 94-1000, eff. 7-3-06.)
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20 | (10 ILCS 5/1-9.1 new) | ||||||
21 | Sec. 1-9.1. Ballot counting information dissemination. | ||||||
22 | Each election authority maintaining a website must provide | ||||||
23 | 24-hour notice on its website of the date, time, and location | ||||||
24 | of the analysis, processing, and counting of all ballot forms. |
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1 | The election authority must also notify any political party or | ||||||
2 | pollwatcher of the same information 24 hours before the count | ||||||
3 | begins if such political party or pollwatcher has requested to | ||||||
4 | be notified. Notification may be by electronic mail at the | ||||||
5 | address provided by the requester.
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6 | (10 ILCS 5/1-9.2 new) | ||||||
7 | Sec. 1-9.2. Uncounted ballot information on website. | ||||||
8 | Beginning at 4:00 p.m. on the day after election day, each | ||||||
9 | election authority maintaining a website shall post the number | ||||||
10 | of ballots that remain uncounted. The posting shall separate | ||||||
11 | the totals into the following categories: ballots cast on | ||||||
12 | election day, early voting ballots, provisional ballots, vote | ||||||
13 | by mail ballots received by the election authority but not | ||||||
14 | counted, and vote by mail ballots sent by the election | ||||||
15 | authority but have not been returned to the election authority. | ||||||
16 | This information shall be updated on the website of the | ||||||
17 | election authority before 4:00 p.m. on each day until the | ||||||
18 | period for counting provisional and vote by mail ballots has | ||||||
19 | ended. All election authorities, regardless of whether they | ||||||
20 | maintain a website, shall share the same information, separated | ||||||
21 | in the same manner, with the State Board of Elections by 4:00 | ||||||
22 | p.m. each day beginning the day after election day and until | ||||||
23 | the period for counting provisional and vote by mail ballots | ||||||
24 | has ended.
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1 | (10 ILCS 5/1-12) | ||||||
2 | Sec. 1-12. Public university voting. | ||||||
3 | (a) Each appropriate election authority shall, in addition | ||||||
4 | to the early voting conducted at locations otherwise required | ||||||
5 | by law, conduct early voting , grace period registration, and | ||||||
6 | grace period voting at the student union in a high traffic | ||||||
7 | location on the campus of a public university within the | ||||||
8 | election authority's jurisdiction. The voting required by this | ||||||
9 | subsection (a) to be conducted on campus must be conducted from | ||||||
10 | the beginning of the 6th day before a general election day | ||||||
11 | until the end of the 3rd day before a general election day from | ||||||
12 | 10:00 a.m. to 7 p.m. and as otherwise required by Article 19A | ||||||
13 | of this Code. If an election authority has voting equipment | ||||||
14 | that can accommodate a ballot in every form required in the | ||||||
15 | election authority's jurisdiction, then the election authority | ||||||
16 | shall extend early voting under this Section to any registered | ||||||
17 | voter in the election authority's jurisdiction. However, if the | ||||||
18 | election authority does not have voting equipment that can | ||||||
19 | accommodate a ballot in every form required in the election | ||||||
20 | authority's jurisdiction, then the election authority may | ||||||
21 | limit early voting under this Section to registered voters in | ||||||
22 | precincts where the public university is located and precincts | ||||||
23 | bordering the university. Each public university shall make the | ||||||
24 | space available at the student union in a high traffic area | ||||||
25 | for, and cooperate and coordinate with the appropriate election | ||||||
26 | authority in, the implementation of this subsection (a).
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1 | (b) (Blank). Each appropriate election authority shall, in | ||||||
2 | addition to the voting conducted at locations otherwise | ||||||
3 | required by law, conduct in-person absentee voting on election | ||||||
4 | day in a high-traffic location on the campus of a public | ||||||
5 | university within the election authority's jurisdiction. The | ||||||
6 | procedures for conducting in-person absentee voting at a site | ||||||
7 | established pursuant to this subsection (b) shall, to the | ||||||
8 | extent practicable, be the same procedures required by Article | ||||||
9 | 19 of this Code for in-person absentee ballots. The election | ||||||
10 | authority may limit in-person absentee voting under this | ||||||
11 | subsection (b) to registered voters in precincts where the | ||||||
12 | public university is located and precincts bordering the | ||||||
13 | university. The election authority shall have voting equipment | ||||||
14 | and ballots necessary to accommodate registered voters who may | ||||||
15 | cast an in-person absentee ballot at a site established | ||||||
16 | pursuant to this subsection (b). Each public university shall | ||||||
17 | make the space available in a high-traffic area for, and | ||||||
18 | cooperate and coordinate with the appropriate election | ||||||
19 | authority in, the implementation of this subsection (b). | ||||||
20 | (c) For the purposes of this Section, "public university" | ||||||
21 | means the University of Illinois, Illinois State University, | ||||||
22 | Chicago State University, Governors State University, Southern | ||||||
23 | Illinois University, Northern Illinois University, Eastern | ||||||
24 | Illinois University, Western Illinois University, or | ||||||
25 | Northeastern Illinois University the University of Illinois at | ||||||
26 | its campuses in Urbana-Champaign and Springfield, Southern |
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1 | Illinois University at its campuses in Carbondale and | ||||||
2 | Edwardsville, Eastern Illinois University, Illinois State | ||||||
3 | University, Northern Illinois University, and Western Illinois | ||||||
4 | University at its campuses in Macomb and Moline . | ||||||
5 | (Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
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6 | (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
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7 | Sec. 1A-8. The State Board of Elections shall exercise the | ||||||
8 | following
powers and perform the following duties in addition | ||||||
9 | to any powers or duties
otherwise provided for by law:
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10 | (1) Assume all duties and responsibilities of the State | ||||||
11 | Electoral Board
and the Secretary of State as heretofore | ||||||
12 | provided in this Act;
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13 | (2) Disseminate information to and consult with | ||||||
14 | election authorities
concerning the conduct of elections | ||||||
15 | and registration in accordance with the
laws of this State | ||||||
16 | and the laws of the United States;
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17 | (3) Furnish to each election authority prior to each | ||||||
18 | primary and general
election and any other election it | ||||||
19 | deems necessary, a manual of uniform
instructions | ||||||
20 | consistent with the provisions of this Act which shall be | ||||||
21 | used
by election authorities in the preparation of the | ||||||
22 | official manual of
instruction to be used by the judges of | ||||||
23 | election in any such election. In
preparing such manual, | ||||||
24 | the State Board shall consult with representatives
of the | ||||||
25 | election authorities throughout the State. The State Board |
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1 | may
provide separate portions of the uniform instructions | ||||||
2 | applicable to
different election jurisdictions which | ||||||
3 | administer elections under different
options provided by | ||||||
4 | law. The State Board may by regulation require
particular | ||||||
5 | portions of the uniform instructions to be included in any
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6 | official manual of instructions published by election | ||||||
7 | authorities. Any
manual of instructions published by any | ||||||
8 | election authority shall be
identical with the manual of | ||||||
9 | uniform instructions issued by the Board, but
may be | ||||||
10 | adapted by the election authority to accommodate special or | ||||||
11 | unusual
local election problems, provided that all manuals | ||||||
12 | published by election
authorities must be consistent with | ||||||
13 | the provisions of this Act in all
respects and must receive | ||||||
14 | the approval of the State Board of Elections
prior to | ||||||
15 | publication; provided further that if the State Board does | ||||||
16 | not
approve or disapprove of a proposed manual within 60 | ||||||
17 | days of its
submission, the manual shall be deemed | ||||||
18 | approved.
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19 | (4) Prescribe and require the use of such uniform | ||||||
20 | forms, notices, and
other supplies not inconsistent with | ||||||
21 | the provisions of this Act as it shall
deem advisable which | ||||||
22 | shall be used by election authorities in the conduct
of | ||||||
23 | elections and registrations;
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24 | (5) Prepare and certify the form of ballot for any | ||||||
25 | proposed amendment to
the Constitution of the State of | ||||||
26 | Illinois, or any referendum to be
submitted to the electors |
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1 | throughout the State or, when required to do so
by law, to | ||||||
2 | the voters of any area or unit of local government of the | ||||||
3 | State;
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4 | (6) Require such statistical reports regarding the | ||||||
5 | conduct of elections
and registration from election | ||||||
6 | authorities as may be deemed necessary;
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7 | (7) Review and inspect procedures and records relating | ||||||
8 | to conduct of
elections and registration as may be deemed | ||||||
9 | necessary, and to report
violations of election laws to the | ||||||
10 | appropriate State's Attorney or the Attorney General;
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11 | (8) Recommend to the General Assembly legislation to | ||||||
12 | improve the
administration of elections and registration;
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13 | (9) Adopt, amend or rescind rules and regulations in | ||||||
14 | the performance of
its duties provided that all such rules | ||||||
15 | and regulations must be consistent
with the provisions of | ||||||
16 | this Article 1A or issued pursuant to authority
otherwise | ||||||
17 | provided by law;
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18 | (10) Determine the validity and sufficiency of | ||||||
19 | petitions filed under
Article XIV, Section 3, of the | ||||||
20 | Constitution of the State of Illinois of 1970;
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21 | (11) Maintain in its principal office a research | ||||||
22 | library that includes,
but is not limited to, abstracts of | ||||||
23 | votes by precinct for general primary
elections and general | ||||||
24 | elections, current precinct maps and current precinct
poll | ||||||
25 | lists from all election jurisdictions within the State. The | ||||||
26 | research
library shall be open to the public during regular |
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1 | business hours. Such
abstracts, maps and lists shall be | ||||||
2 | preserved as permanent records and shall
be available for | ||||||
3 | examination and copying at a reasonable cost;
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4 | (12) Supervise the administration of the registration | ||||||
5 | and election laws
throughout the State;
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6 | (13) Obtain from the Department of Central Management | ||||||
7 | Services,
under Section 405-250 of the Department of | ||||||
8 | Central Management
Services Law (20 ILCS 405/405-250),
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9 | such use
of electronic data processing equipment as may be | ||||||
10 | required to perform the
duties of the State Board of | ||||||
11 | Elections and to provide election-related
information to | ||||||
12 | candidates, public and party officials, interested civic
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13 | organizations and the general public in a timely and | ||||||
14 | efficient manner; and
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15 | (14) To take such action as may be necessary or | ||||||
16 | required to give
effect to directions of the national | ||||||
17 | committee or State central committee of an established
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18 | political party under Sections 7-8, 7-11 and 7-14.1 or such | ||||||
19 | other
provisions as may be applicable pertaining to the | ||||||
20 | selection of delegates
and alternate delegates to an | ||||||
21 | established political party's national
nominating | ||||||
22 | conventions or, notwithstanding any candidate | ||||||
23 | certification
schedule contained within the Election Code, | ||||||
24 | the certification of the
Presidential and Vice
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25 | Presidential candidate selected by the established | ||||||
26 | political party's national nominating
convention ; .
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1 | (15) To post all early voting sites and hours of | ||||||
2 | operation on its website at least 5 business days before | ||||||
3 | the period for early voting begins; and | ||||||
4 | (16) To post on its website the statewide totals, and | ||||||
5 | totals separated by each election authority, for each of | ||||||
6 | the counts received pursuant to Section 1-9.2. | ||||||
7 | The Board may by regulation delegate any of its duties or
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8 | functions under this Article, except that final determinations | ||||||
9 | and orders
under this Article shall be issued only by the | ||||||
10 | Board.
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11 | The requirement for reporting to the General Assembly shall | ||||||
12 | be satisfied
by filing copies of the report with the Speaker, | ||||||
13 | the Minority Leader and
the Clerk of the House of | ||||||
14 | Representatives and the President, the Minority
Leader and the | ||||||
15 | Secretary of the Senate and the Legislative Research
Unit, as | ||||||
16 | required by Section 3.1 of "An Act to revise the law in | ||||||
17 | relation
to the General Assembly", approved February 25, 1874, | ||||||
18 | as amended, and
filing such additional copies with the State | ||||||
19 | Government Report Distribution
Center for the General Assembly | ||||||
20 | as is required under paragraph (t) of
Section 7 of the State | ||||||
21 | Library Act.
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22 | (Source: P.A. 95-6, eff. 6-20-07; 95-699, eff. 11-9-07.)
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23 | (10 ILCS 5/1A-16)
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24 | Sec. 1A-16. Voter registration information; Internet | ||||||
25 | posting; processing
of voter registration forms; content of |
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1 | such forms. Notwithstanding any law to
the contrary, the | ||||||
2 | following provisions shall apply to voter registration under
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3 | this Code.
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4 | (a) Voter registration information; Internet posting of | ||||||
5 | voter registration
form. Within 90 days after the effective | ||||||
6 | date of this amendatory Act of the
93rd
General Assembly, the | ||||||
7 | State Board of Elections shall post on its World Wide Web
site | ||||||
8 | the following information:
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9 | (1) A comprehensive list of the names, addresses, phone | ||||||
10 | numbers, and
websites, if applicable, of all county clerks | ||||||
11 | and boards
of election commissioners in Illinois.
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12 | (2) A schedule of upcoming elections and the deadline | ||||||
13 | for voter
registration.
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14 | (3) A downloadable, printable voter registration form, | ||||||
15 | in at least English
and in
Spanish versions, that a person | ||||||
16 | may complete and mail or submit to the
State Board of | ||||||
17 | Elections or the appropriate county clerk or
board of | ||||||
18 | election commissioners.
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19 | Any forms described under paragraph (3) must state the | ||||||
20 | following:
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21 | If you do not have a driver's license or social | ||||||
22 | security number, and this
form is submitted by mail, and | ||||||
23 | you have never registered to vote in the
jurisdiction you | ||||||
24 | are now registering in, then you must send, with this
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25 | application, either (i) a copy of a current and valid photo | ||||||
26 | identification, or
(ii) a copy of a current utility bill, |
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1 | bank statement, government check,
paycheck, or other | ||||||
2 | government document that shows the name and address of the
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3 | voter. If you do not provide the information required | ||||||
4 | above, then you will be
required to provide election | ||||||
5 | officials with either (i) or (ii) described above
the first | ||||||
6 | time you vote at a voting place or by absentee ballot .
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7 | (b) Acceptance of registration forms by the State Board of | ||||||
8 | Elections and
county clerks and board of election | ||||||
9 | commissioners. The
State Board of Elections, county clerks, and | ||||||
10 | board of election commissioners
shall accept all completed | ||||||
11 | voter registration forms
described in subsection (a)(3) of this | ||||||
12 | Section and Sections 1A-17 and 1A-30 that are:
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13 | (1) postmarked on or before the day that voter | ||||||
14 | registration is closed
under
the Election Code;
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15 | (2) not postmarked, but arrives no later than 5 days | ||||||
16 | after the close
of registration;
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17 | (3) submitted in person by a person using the form on | ||||||
18 | or before the
day that voter registration is closed under | ||||||
19 | the Election Code; or
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20 | (4) submitted in person by a person who submits one or | ||||||
21 | more forms
on behalf of one or more persons who used the | ||||||
22 | form on or before
the day that voter registration is closed | ||||||
23 | under the Election Code.
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24 | Upon the receipt of a registration form, the State Board of | ||||||
25 | Elections shall
mark
the date on which the form was received
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26 | and send the form via first class mail to the appropriate |
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1 | county clerk or board
of
election commissioners, as the case | ||||||
2 | may be, within 2 business days based upon
the home address of | ||||||
3 | the person submitting the registration form. The county
clerk | ||||||
4 | and board of election commissioners shall accept and process | ||||||
5 | any form
received from the State Board of Elections.
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6 | (c) Processing of registration forms by county clerks and | ||||||
7 | boards of election
commissioners. The county clerk or board of | ||||||
8 | election commissioners shall
promulgate procedures for | ||||||
9 | processing the voter registration form.
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10 | (d) Contents of the voter registration form. The State | ||||||
11 | Board shall create
a voter registration form, which must | ||||||
12 | contain the following content:
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13 | (1) Instructions for completing the form.
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14 | (2) A summary of the qualifications to register to vote | ||||||
15 | in Illinois.
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16 | (3) Instructions for mailing in or submitting the form | ||||||
17 | in person.
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18 | (4) The phone number for the State Board of Elections | ||||||
19 | should a person
submitting the form have questions.
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20 | (5) A box for the person to check that explains one of | ||||||
21 | 3 reasons for
submitting the form:
| ||||||
22 | (a) new registration;
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23 | (b) change of address; or
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24 | (c) change of name.
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25 | (6) a box for the person to check yes or no that asks, | ||||||
26 | "Are you a citizen
of the United States?", a box for the |
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1 | person to check yes or no that asks,
"Will you be 18 years | ||||||
2 | of age on or before election day?", and a statement of
"If | ||||||
3 | you checked 'no' in response to either of these questions, | ||||||
4 | then do not
complete this form.".
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5 | (7) A space for the person to fill in his or her home | ||||||
6 | telephone
number.
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7 | (8) Spaces for the person to fill in his or her first, | ||||||
8 | middle, and last
names, street address (principal place of | ||||||
9 | residence), county, city, state, and
zip code.
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10 | (9) Spaces for the person to fill in his or her mailing | ||||||
11 | address, city,
state, and zip code if different from his or | ||||||
12 | her principal place of residence.
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13 | (10) A space for the person to fill in his or her | ||||||
14 | Illinois driver's
license number if the person has a | ||||||
15 | driver's license.
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16 | (11) A space for a person without a driver's license to | ||||||
17 | fill in the last
four digits of his or her social security | ||||||
18 | number if the person has a social
security number.
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19 | (12) A space for a person without an Illinois driver's | ||||||
20 | license to fill in
his or her identification number from | ||||||
21 | his or her State Identification card
issued by the | ||||||
22 | Secretary of State.
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23 | (13) A space for the person to fill the name appearing | ||||||
24 | on his or her last
voter registration, the street address | ||||||
25 | of his or her last registration,
including the city, | ||||||
26 | county, state, and zip code.
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1 | (14) A space where the person swears or affirms the | ||||||
2 | following under
penalty of perjury with his or her | ||||||
3 | signature:
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4 | (a) "I am a citizen of the United States.";
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5 | (b) "I will be at least 18 years old on or before | ||||||
6 | the next election.";
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7 | (c) "I will have lived in the State of Illinois and | ||||||
8 | in my election
precinct at least 30 days as of the date | ||||||
9 | of the next election."; and
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10 | "The information I have provided is true to the | ||||||
11 | best of my knowledge
under penalty of perjury. If I | ||||||
12 | have provided false information, then I may be
fined, | ||||||
13 | imprisoned, or if I am not a U.S. citizen, deported | ||||||
14 | from or refused
entry into the United States."
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15 | (15) A space for the person to fill in his or her | ||||||
16 | e-mail address if he or she chooses to provide that | ||||||
17 | information. | ||||||
18 | (d-5) Compliance with federal law; rulemaking authority. | ||||||
19 | The voter
registration
form described in this Section shall be | ||||||
20 | consistent with the form prescribed by
the
Federal
Election | ||||||
21 | Commission under the National Voter Registration Act of 1993,
| ||||||
22 | P.L. 103-31, as amended from time to time, and the Help America | ||||||
23 | Vote Act of
2002, P.L. 107-252, in all relevant respects. The | ||||||
24 | State Board of Elections
shall periodically update the form | ||||||
25 | based on changes to federal or State law.
The State Board of | ||||||
26 | Elections shall promulgate any rules necessary for the
|
| |||||||
| |||||||
1 | implementation of this Section; provided that the rules
comport | ||||||
2 | with the letter and spirit of the National Voter Registration | ||||||
3 | Act of
1993 and Help America Vote Act of 2002 and maximize the | ||||||
4 | opportunity for a
person to register to vote.
| ||||||
5 | (e) Forms available in paper form. The State Board of | ||||||
6 | Elections shall make
the voter registration form available in | ||||||
7 | regular paper stock and form in
sufficient quantities for the | ||||||
8 | general public. The State Board of Elections may
provide the | ||||||
9 | voter registration form to the Secretary of State, county
| ||||||
10 | clerks, boards of election commissioners, designated agencies | ||||||
11 | of the State of
Illinois, and any other person or entity | ||||||
12 | designated to have these forms by the
Election Code in regular | ||||||
13 | paper stock and form or some other format deemed
suitable by | ||||||
14 | the Board. Each county clerk or board of election commissioners | ||||||
15 | has
the authority to design and print its own voter | ||||||
16 | registration form so long as
the form complies with the | ||||||
17 | requirements of this Section. The State Board
of Elections, | ||||||
18 | county clerks, boards of election commissioners, or other
| ||||||
19 | designated agencies of the State of Illinois required to have | ||||||
20 | these forms under
the Election Code shall provide a member of | ||||||
21 | the public with any reasonable
number of forms
that he or she | ||||||
22 | may request. Nothing in this Section shall permit the State
| ||||||
23 | Board of
Elections, county clerk, board of election | ||||||
24 | commissioners, or other appropriate
election official who may | ||||||
25 | accept a voter registration form to refuse to accept
a voter | ||||||
26 | registration form because the form is printed on photocopier or |
| |||||||
| |||||||
1 | regular
paper
stock and form.
| ||||||
2 | (f) (Blank).
| ||||||
3 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
4 | (10 ILCS 5/1A-16.5) | ||||||
5 | Sec. 1A-16.5. Online voter registration. | ||||||
6 | (a) The State Board of Elections shall establish and | ||||||
7 | maintain a system for online voter registration that permits a | ||||||
8 | person to apply to register to vote or to update his or her | ||||||
9 | existing voter registration. In accordance with technical | ||||||
10 | specifications provided by the State Board of Elections, each | ||||||
11 | election authority shall maintain a voter registration system | ||||||
12 | capable of receiving and processing voter registration | ||||||
13 | application information, including electronic signatures, from | ||||||
14 | the online voter registration system established by the State | ||||||
15 | Board of Elections. | ||||||
16 | (b) The online voter registration system shall employ | ||||||
17 | security measures to ensure the accuracy and integrity of voter | ||||||
18 | registration applications submitted electronically pursuant to | ||||||
19 | this Section. | ||||||
20 | (c) The Board may receive voter registration information | ||||||
21 | provided by applicants using the State Board of Elections' | ||||||
22 | website, may cross reference that information with data or | ||||||
23 | information contained in the Secretary of State's database in | ||||||
24 | order to match the information submitted by applicants, and may | ||||||
25 | receive from the Secretary of State the applicant's digitized |
| |||||||
| |||||||
1 | signature upon a successful match of that applicant's | ||||||
2 | information with that contained in the Secretary of State's | ||||||
3 | database. | ||||||
4 | (d) Notwithstanding any other provision of law, a person | ||||||
5 | who is qualified to register to vote and who has an authentic | ||||||
6 | Illinois driver's license or State identification card issued | ||||||
7 | by the Secretary of State may submit an application to register | ||||||
8 | to vote electronically on a website maintained by the State | ||||||
9 | Board of Elections. | ||||||
10 | (e) An online voter registration application shall contain | ||||||
11 | all of the information that is required for a paper application | ||||||
12 | as provided in Section 1A-16 of this Code, except that the | ||||||
13 | applicant shall be required to provide: | ||||||
14 | (1) the applicant's full Illinois driver's license or | ||||||
15 | State identification card number; | ||||||
16 | (2) the last 4 digits of the applicant's social | ||||||
17 | security number; and | ||||||
18 | (3) the date the Illinois driver's license or State | ||||||
19 | identification card was issued. | ||||||
20 | (f) For an applicant's registration or change in | ||||||
21 | registration to be accepted, the applicant shall mark the box | ||||||
22 | associated with the following statement included as part of the | ||||||
23 | online voter registration application: | ||||||
24 | "By clicking on the box below, I swear or affirm all of the | ||||||
25 | following: | ||||||
26 | (1) I am the person whose name and identifying information |
| |||||||
| |||||||
1 | is provided on this form, and I desire to register to vote in | ||||||
2 | the State of Illinois. | ||||||
3 | (2) All the information I have provided on this form is | ||||||
4 | true and correct as of the date I am submitting this form. | ||||||
5 | (3) I authorize the Secretary of State to transmit to the | ||||||
6 | State Board of Elections my signature that is on file with the | ||||||
7 | Secretary of State and understand that such signature will be | ||||||
8 | used by my local election authority on this online voter | ||||||
9 | registration application for admission as an elector as if I | ||||||
10 | had signed this form personally.". | ||||||
11 | (g) Immediately upon receiving a completed online voter | ||||||
12 | registration application, the online voter registration system | ||||||
13 | shall send, by electronic mail, a confirmation notice that the | ||||||
14 | application has been received. Within 48 hours of receiving | ||||||
15 | such an application, the online voter registration system shall | ||||||
16 | send by electronic mail, a notice informing the applicant of | ||||||
17 | whether the following information has been matched with the | ||||||
18 | Secretary of State database: | ||||||
19 | (1) that the applicant has an authentic Illinois | ||||||
20 | driver's license or State identification card issued by the | ||||||
21 | Secretary of State and that the driver's license or State | ||||||
22 | identification number provided by the applicant matches | ||||||
23 | the driver's license or State identification card number | ||||||
24 | for that person on file with the Secretary of State; | ||||||
25 | (2) that the date of issuance of the Illinois driver's | ||||||
26 | license or State identification card listed on the |
| |||||||
| |||||||
1 | application matches the date of issuance of that card for | ||||||
2 | that person on file with the Secretary of State; | ||||||
3 | (3) that the date of birth provided by the applicant | ||||||
4 | matches the date of birth for that person on file with the | ||||||
5 | Secretary of State; and | ||||||
6 | (4) that the last 4 digits of the applicant's social | ||||||
7 | security number matches the last 4 digits for that person | ||||||
8 | on file with the Secretary of State. | ||||||
9 | (h) If the information provided by the applicant matches | ||||||
10 | the information on the Secretary of State's databases for any | ||||||
11 | driver's license and State identification card holder and is | ||||||
12 | matched as provided in subsection (g) above, the online voter | ||||||
13 | registration system shall: | ||||||
14 | (1) retrieve from the Secretary of State's database | ||||||
15 | files an electronic copy of the applicant's signature from | ||||||
16 | his or her Illinois driver's license or State | ||||||
17 | identification card and such signature shall be deemed to | ||||||
18 | be the applicant's signature on his or her online voter | ||||||
19 | registration application; | ||||||
20 | (2) within 2 days of receiving the application, forward | ||||||
21 | to the county clerk or board of election commissioners | ||||||
22 | having jurisdiction over the applicant's voter | ||||||
23 | registration: (i) the application, along with the | ||||||
24 | applicant's relevant data that can be directly loaded into | ||||||
25 | the jurisdiction's voter registration system and (ii) a | ||||||
26 | copy of the applicant's electronic signature and a |
| |||||||
| |||||||
1 | certification from the State Board of Elections that the | ||||||
2 | applicant's driver's license or State identification card | ||||||
3 | number, driver's license or State identification card date | ||||||
4 | of issuance, and date of birth and social security | ||||||
5 | information have been successfully matched. | ||||||
6 | (i) Upon receipt of the online voter registration | ||||||
7 | application, the county clerk or board of election | ||||||
8 | commissioners having jurisdiction over the applicant's voter | ||||||
9 | registration shall promptly search its voter registration | ||||||
10 | database to determine whether the applicant is already | ||||||
11 | registered to vote at the address on the application and | ||||||
12 | whether the new registration would create a duplicate | ||||||
13 | registration. If the applicant is already registered to vote at | ||||||
14 | the address on the application, the clerk or board, as the case | ||||||
15 | may be, shall send the applicant by first class mail, and | ||||||
16 | electronic mail if the applicant has provided an electronic | ||||||
17 | mail address on the original voter registration form for that | ||||||
18 | address, a disposition notice as otherwise required by law | ||||||
19 | informing the applicant that he or she is already registered to | ||||||
20 | vote at such address. If the applicant is not already | ||||||
21 | registered to vote at the address on the application and the | ||||||
22 | applicant is otherwise eligible to register to vote, the clerk | ||||||
23 | or board, as the case may be, shall: | ||||||
24 | (1) enter the name and address of the applicant on the | ||||||
25 | list of registered voters in the jurisdiction; and | ||||||
26 | (2) send by mail, and electronic mail if the applicant |
| |||||||
| |||||||
1 | has provided an electronic mail address on the voter | ||||||
2 | registration form, a disposition notice to the applicant as | ||||||
3 | otherwise provided by law setting forth the applicant's | ||||||
4 | name and address as it appears on the application and | ||||||
5 | stating that the person is registered to vote. | ||||||
6 | (j) An electronic signature of the person submitting a | ||||||
7 | duplicate registration application or a change of address form | ||||||
8 | that is retrieved and imported from the Secretary of State's | ||||||
9 | driver's license or State identification card database as | ||||||
10 | provided herein may, in the discretion of the clerk or board, | ||||||
11 | be substituted for and replace any existing signature for that | ||||||
12 | individual in the voter registration database of the county | ||||||
13 | clerk or board of election commissioners. | ||||||
14 | (k) Any new registration or change of address submitted | ||||||
15 | electronically as provided in this Section shall become | ||||||
16 | effective as of the date it is received by the county clerk or | ||||||
17 | board of election commissioners having jurisdiction over said | ||||||
18 | registration. Disposition notices prescribed in this Section | ||||||
19 | shall be sent within 5 business days of receipt of the online | ||||||
20 | application or change of address by the county clerk or board | ||||||
21 | of election commissioners. | ||||||
22 | (l) All provisions of this Code governing voter | ||||||
23 | registration and applicable thereto and not inconsistent with | ||||||
24 | this Section shall apply to online voter registration under | ||||||
25 | this Section. All applications submitted on a website | ||||||
26 | maintained by the State Board of Elections shall be deemed |
| |||||||
| |||||||
1 | timely filed if they are submitted no later than 11:59 p.m. on | ||||||
2 | the final day for voter registration prior to an election. | ||||||
3 | After the registration period for an upcoming election has | ||||||
4 | ended and until the 2nd day following such election, the web | ||||||
5 | page containing the online voter registration form on the State | ||||||
6 | Board of Elections website shall inform users of the procedure | ||||||
7 | for grace period voting. | ||||||
8 | (m) The State Board of Elections shall maintain a list of | ||||||
9 | the name, street address, e-mail address, and likely precinct, | ||||||
10 | ward, township, and district numbers, as the case may be, of | ||||||
11 | people who apply to vote online through the voter registration | ||||||
12 | system and those names and that information shall be stored in | ||||||
13 | an electronic format on its website, arranged by county and | ||||||
14 | accessible to State and local political committees. | ||||||
15 | (n) The Illinois State Board of Elections shall develop or | ||||||
16 | cause to be developed an online voter registration system able | ||||||
17 | to be accessed by at least the top two most used mobile | ||||||
18 | electronic operating systems by January 1, 2016. The Illinois | ||||||
19 | State Board of Elections shall submit a report to the General | ||||||
20 | Assembly and the Governor by January 31, 2014 detailing the | ||||||
21 | progress made to implement the online voter registration system | ||||||
22 | described in this Section. | ||||||
23 | (o) (Blank). The online voter registration system provided | ||||||
24 | for in this Section shall be fully operational by July 1, 2014.
| ||||||
25 | (p) Each State agency that maintains an Internet website | ||||||
26 | must include a hypertext link to the homepage website |
| |||||||
| |||||||
1 | maintained and operated pursuant to this Section 1A-16.5. For | ||||||
2 | the purposes of this Section, "State agency" has the meaning | ||||||
3 | set forth in Section 5-105 of the Electronic Commerce Security | ||||||
4 | Act. | ||||||
5 | (Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)
| ||||||
6 | (10 ILCS 5/1A-25) | ||||||
7 | Sec. 1A-25. Centralized statewide voter registration list. | ||||||
8 | The centralized statewide voter registration list required by | ||||||
9 | Title III, Subtitle A, Section 303 of the Help America Vote Act | ||||||
10 | of 2002 shall be created and maintained by the State Board of | ||||||
11 | Elections as provided in this Section. | ||||||
12 | (1) The centralized statewide voter registration list | ||||||
13 | shall be compiled from the voter registration data bases of | ||||||
14 | each election authority in this State.
| ||||||
15 | (2) With the exception of voter registration forms | ||||||
16 | submitted electronically through an online voter | ||||||
17 | registration system, all new voter registration forms and | ||||||
18 | applications to register to vote, including those reviewed | ||||||
19 | by the Secretary of State at a driver services facility, | ||||||
20 | shall be transmitted only to the appropriate election | ||||||
21 | authority as required by Articles 4, 5, and 6 of this Code | ||||||
22 | and not to the State Board of Elections. All voter | ||||||
23 | registration forms submitted electronically to the State | ||||||
24 | Board of Elections through an online voter registration | ||||||
25 | system shall be transmitted to the appropriate election |
| |||||||
| |||||||
1 | authority as required by Section 1A-16.5. The election | ||||||
2 | authority shall process and verify each voter registration | ||||||
3 | form and electronically enter verified registrations on an | ||||||
4 | expedited basis onto the statewide voter registration | ||||||
5 | list. All original registration cards shall remain | ||||||
6 | permanently in the office of the election authority as | ||||||
7 | required by this Code.
| ||||||
8 | (3) The centralized statewide voter registration list | ||||||
9 | shall:
| ||||||
10 | (i) Be designed to allow election authorities to | ||||||
11 | utilize the registration data on the statewide voter | ||||||
12 | registration list pertinent to voters registered in | ||||||
13 | their election jurisdiction on locally maintained | ||||||
14 | software programs that are unique to each | ||||||
15 | jurisdiction.
| ||||||
16 | (ii) Allow each election authority to perform | ||||||
17 | essential election management functions, including but | ||||||
18 | not limited to production of voter lists, processing of | ||||||
19 | vote by mail absentee voters, production of | ||||||
20 | individual, pre-printed applications to vote, | ||||||
21 | administration of election judges, and polling place | ||||||
22 | administration, but shall not prevent any election | ||||||
23 | authority from using information from that election | ||||||
24 | authority's own systems.
| ||||||
25 | (4) The registration information maintained by each | ||||||
26 | election authority shall be synchronized with that |
| |||||||
| |||||||
1 | authority's information on the statewide list at least once | ||||||
2 | every 24 hours.
| ||||||
3 | To protect the privacy and confidentiality of voter | ||||||
4 | registration information, the disclosure of any portion of the | ||||||
5 | centralized statewide voter registration list to any person or | ||||||
6 | entity other than to a State or local political committee and | ||||||
7 | other than to a governmental entity for a governmental purpose | ||||||
8 | is specifically prohibited except as follows: (1) subject to | ||||||
9 | security measures adopted by the State Board of Elections | ||||||
10 | which, at a minimum, shall include the keeping of a catalog or | ||||||
11 | database, available for public view, including the name, | ||||||
12 | address, and telephone number of the person viewing the list as | ||||||
13 | well as the time of that viewing, any person may view the list | ||||||
14 | on a computer screen at the Springfield office of the State | ||||||
15 | Board of Elections, during normal business hours other than | ||||||
16 | during the 27 days before an election, but the person viewing | ||||||
17 | the list under this exception may not print, duplicate, | ||||||
18 | transmit, or alter the list ; or (2) as may be required by an | ||||||
19 | agreement the State Board of Elections has entered into with a | ||||||
20 | multi-state voter registration list maintenance system .
| ||||||
21 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
22 | (10 ILCS 5/1A-45 new) | ||||||
23 | Sec. 1A-45. Electronic Registration Information Center. | ||||||
24 | (a) The State Board of Elections shall enter into an | ||||||
25 | agreement with the Electronic Registration Information Center |
| |||||||
| |||||||
1 | effective no later than June 1, 2016, for the purpose of | ||||||
2 | maintaining a statewide voter registration database. The State | ||||||
3 | Board of Elections shall comply with the requirements of the | ||||||
4 | Electronic Registration Information Center Membership | ||||||
5 | Agreement. | ||||||
6 | (b) The Secretary of State and the Board of Elections shall | ||||||
7 | enter an into an agreement to permit the Secretary of State to | ||||||
8 | provide the State Board of Elections with any information | ||||||
9 | required for compliance with the Electronic Registration | ||||||
10 | Information Center Membership Agreement. The Secretary of | ||||||
11 | State shall deliver this information as frequently as necessary | ||||||
12 | for the State Board of Elections to comply with the Electronic | ||||||
13 | Registration Information Center Membership Agreement. | ||||||
14 | (c) Any communication required to be delivered to a | ||||||
15 | registrant or potential registrant pursuant to the Electronic | ||||||
16 | Registration Information Center Membership Agreement shall | ||||||
17 | include at least the following message: | ||||||
18 | "Our records show people at this address may not be | ||||||
19 | registered to vote at this address, but you may be eligible | ||||||
20 | to register to vote or re-register to vote at this address. | ||||||
21 | If you are a U.S. Citizen, a resident of Illinois, and will | ||||||
22 | be 18 years old or older before the next general election | ||||||
23 | in November, you are qualified to vote. | ||||||
24 | We invite you to check your registration online at | ||||||
25 | (enter URL) or register to vote online at (enter URL), by | ||||||
26 | requesting a mail-in voter registration form by (enter |
| |||||||
| |||||||
1 | instructions for requesting a mail-in voter registration | ||||||
2 | form), or visiting the (name of election authority) office | ||||||
3 | at (address of election authority)." | ||||||
4 | The words "register to vote online at (enter URL)" shall be | ||||||
5 | bolded and of a distinct nature from the other words in the | ||||||
6 | message required by this subsection (c). | ||||||
7 | (d) Any communication required to be delivered to a | ||||||
8 | potential registrant that has been identified by the Electronic | ||||||
9 | Registration Information Center as eligible to vote but who is | ||||||
10 | not registered to vote in Illinois shall be prepared and | ||||||
11 | disseminated at the direction of the State Board of Elections. | ||||||
12 | All other communications with potential registrants or | ||||||
13 | re-registrants pursuant to the Electronic Registration | ||||||
14 | Information Center Membership Agreement shall be prepared and | ||||||
15 | disseminated at the direction of the appropriate election | ||||||
16 | authority. | ||||||
17 | (e) The Executive Director of the State Board of Elections | ||||||
18 | or his or her designee shall serve as the Member Representative | ||||||
19 | to the Electronic Registration Information Center. | ||||||
20 | (f) The State Board of Elections may adopt any rules | ||||||
21 | necessary to enforce this Section or comply with the Electronic | ||||||
22 | Registration Information Center Membership Agreement.
| ||||||
23 | (10 ILCS 5/3-6) | ||||||
24 | Sec. 3-6. Voting age. Notwithstanding any other provision | ||||||
25 | of law, a person who is 17 years old on the date of a primary |
| |||||||
| |||||||
1 | election and who is otherwise qualified to vote is qualified to | ||||||
2 | vote at that primary, including voting a vote by mail an | ||||||
3 | absentee , grace period, or early voting ballot with respect to | ||||||
4 | that primary, if that person will be 18 years old on the date | ||||||
5 | of the immediately following general election. | ||||||
6 | References in this Code and elsewhere to the requirement | ||||||
7 | that a person must be 18 years old to vote shall be interpreted | ||||||
8 | in accordance with this Section. | ||||||
9 | For the purposes of this Act, an individual who is 17 years | ||||||
10 | of age and who will be 18 years of age on the date of the | ||||||
11 | general election shall be deemed competent to execute and | ||||||
12 | attest to any voter registration forms.
| ||||||
13 | (Source: P.A. 98-51, eff. 1-1-14.)
| ||||||
14 | (10 ILCS 5/4-6.3) (from Ch. 46, par. 4-6.3)
| ||||||
15 | Sec. 4-6.3.
The county clerk may establish a temporary | ||||||
16 | place of registration
for such times and at such locations | ||||||
17 | within the county as the county clerk
may select. However, no | ||||||
18 | temporary place of registration may be
in operation during the | ||||||
19 | 27 days preceding an election. Notice
of the time and place
of | ||||||
20 | registration under this Section shall be published by the | ||||||
21 | county
clerk in a newspaper
having a general circulation in the | ||||||
22 | county not less than 3 nor
more than 15 days before the holding | ||||||
23 | of such registration.
| ||||||
24 | Temporary places of registration shall be established so
| ||||||
25 | that the areas of concentration of population or use by the |
| |||||||
| |||||||
1 | public are served,
whether by
facilities provided in places of | ||||||
2 | private business or in public buildings
or in mobile units. | ||||||
3 | Areas which may be designated as temporary places of
| ||||||
4 | registration include, but are not limited to, facilities | ||||||
5 | licensed or certified
pursuant to the Nursing Home Care Act, | ||||||
6 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
7 | the ID/DD Community Care Act, Soldiers' and Sailors'
Homes, | ||||||
8 | shopping centers, business districts, public buildings and | ||||||
9 | county fairs.
| ||||||
10 | Temporary places of registration shall be available to the
| ||||||
11 | public not less than 2 hours per year for each 1,000 population | ||||||
12 | or
fraction thereof in the county.
| ||||||
13 | All temporary places of registration shall be manned by | ||||||
14 | deputy county
clerks or deputy registrars appointed pursuant to | ||||||
15 | Section 4-6.2.
| ||||||
16 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
17 | eff. 7-13-12; 98-104, eff. 7-22-13.)
| ||||||
18 | (10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
| ||||||
19 | Sec. 4-10.
Except as herein provided, no person shall be | ||||||
20 | registered,
unless he applies in person to a registration | ||||||
21 | officer, answers such
relevant questions as may be asked of him | ||||||
22 | by the registration officer,
and executes the affidavit of | ||||||
23 | registration. The registration officer shall
require the | ||||||
24 | applicant to furnish two forms of identification, and except in | ||||||
25 | the
case of a homeless individual, one of which must include |
| |||||||
| |||||||
1 | his or her residence
address. These forms of identification | ||||||
2 | shall include, but not be limited to,
any of the following: | ||||||
3 | driver's license, social security card, public aid
| ||||||
4 | identification card, utility bill, employee or student | ||||||
5 | identification card,
lease or contract for a residence, credit | ||||||
6 | card, or a civic, union or professional association membership | ||||||
7 | card.
The registration officer shall require a homeless | ||||||
8 | individual to furnish
evidence of his or her use of the mailing | ||||||
9 | address stated. This use may be
demonstrated by a piece of mail | ||||||
10 | addressed to that individual and received at
that address or by | ||||||
11 | a statement from a person authorizing use of the mailing
| ||||||
12 | address. The registration officer shall require each applicant | ||||||
13 | for
registration to read or have read to him the affidavit of | ||||||
14 | registration
before permitting him to execute the affidavit.
| ||||||
15 | One of the registration officers or a deputy registration | ||||||
16 | officer,
county clerk, or clerk in the office of the county | ||||||
17 | clerk, shall
administer to all persons who shall personally | ||||||
18 | apply to register the
following oath or affirmation:
| ||||||
19 | "You do solemnly swear (or affirm) that you will fully and | ||||||
20 | truly
answer all such questions as shall be put to you touching | ||||||
21 | your name,
place of residence, place of birth, your | ||||||
22 | qualifications as an elector
and your right as such to register | ||||||
23 | and vote under the laws of the State
of Illinois."
| ||||||
24 | The registration officer shall satisfy himself that each | ||||||
25 | applicant
for registration is qualified to register before | ||||||
26 | registering him. If the
registration officer has reason to |
| |||||||
| |||||||
1 | believe that the applicant is a resident
of a Soldiers' and | ||||||
2 | Sailors' Home or any facility which is licensed or certified
| ||||||
3 | pursuant to the Nursing Home Care Act, the Specialized Mental | ||||||
4 | Health Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
5 | Act, the following question shall be put,
"When you entered the | ||||||
6 | home which is your present address, was it your bona
fide | ||||||
7 | intention to become a resident thereof?" Any voter of a | ||||||
8 | township, city,
village or incorporated town in which such | ||||||
9 | applicant resides, shall be
permitted to be present at the | ||||||
10 | place of any precinct registration and shall
have the right to | ||||||
11 | challenge any applicant who applies to be registered.
| ||||||
12 | In case the officer is not satisfied that the applicant is | ||||||
13 | qualified
he shall forthwith notify such applicant in writing | ||||||
14 | to appear before the
county clerk to complete his registration. | ||||||
15 | Upon the card of such
applicant shall be written the word | ||||||
16 | "incomplete" and no such applicant
shall be permitted to vote | ||||||
17 | unless such registration is satisfactorily
completed as | ||||||
18 | hereinafter provided. No registration shall be taken and
marked | ||||||
19 | as incomplete if information to complete it can be furnished on
| ||||||
20 | the date of the original application.
| ||||||
21 | Any person claiming to be an elector in any election | ||||||
22 | precinct and
whose registration card is marked "Incomplete" may | ||||||
23 | make and sign an
application in writing, under oath, to the | ||||||
24 | county clerk in substance in
the following form:
| ||||||
25 | "I do solemnly swear that I, ...., did on (insert date) | ||||||
26 | make
application to the board of registry of the .... precinct |
| |||||||
| |||||||
1 | of the township of
.... (or to the county clerk of .... county) | ||||||
2 | and that said board or clerk
refused to complete my | ||||||
3 | registration as a qualified voter in said
precinct. That I | ||||||
4 | reside in said precinct, that I intend to reside in said
| ||||||
5 | precinct, and am a duly qualified voter of said precinct and am | ||||||
6 | entitled to be
registered to vote in said precinct at the next | ||||||
7 | election.
| ||||||
8 | (Signature of applicant) ............................."
| ||||||
9 | All such applications shall be presented to the county | ||||||
10 | clerk or to
his duly authorized representative by the | ||||||
11 | applicant, in person between
the hours of 9:00 a.m. and 5:00 | ||||||
12 | p.m. on any day after the days on
which the 1969 and 1970 | ||||||
13 | precinct re-registrations are held but not on
any day within 27 | ||||||
14 | days preceding the ensuing general election and
thereafter for | ||||||
15 | the registration provided in Section 4-7 all such
applications | ||||||
16 | shall be presented to the county clerk or his duly
authorized | ||||||
17 | representative by the applicant in person between the hours
of | ||||||
18 | 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding | ||||||
19 | the
ensuing general election. Such application shall be heard | ||||||
20 | by the county
clerk or his duly authorized representative at | ||||||
21 | the time the application
is presented. If the applicant for | ||||||
22 | registration has registered with the
county clerk, such | ||||||
23 | application may be presented to and heard by the
county clerk | ||||||
24 | or by his duly authorized representative upon the dates
| ||||||
25 | specified above or at any time prior thereto designated by the |
| |||||||
| |||||||
1 | county clerk.
| ||||||
2 | Any otherwise qualified person who is absent from his | ||||||
3 | county of
residence either due to business of the United States | ||||||
4 | or because he is
temporarily outside the territorial limits of | ||||||
5 | the United States may
become registered by mailing an | ||||||
6 | application to the county clerk within
the periods of | ||||||
7 | registration provided for in this Article, or by simultaneous
| ||||||
8 | application for absentee registration by mail and vote by mail | ||||||
9 | absentee ballot as provided in
Article 20 of this Code.
| ||||||
10 | Upon receipt of such application the county clerk shall | ||||||
11 | immediately
mail an affidavit of registration in duplicate, | ||||||
12 | which affidavit shall
contain the following and such other | ||||||
13 | information as the State Board of
Elections may think it proper | ||||||
14 | to require for the identification of the
applicant:
| ||||||
15 | Name. The name of the applicant, giving surname and first | ||||||
16 | or
Christian name in full, and the middle name or the initial | ||||||
17 | for such
middle name, if any.
| ||||||
18 | Sex.
| ||||||
19 | Residence. The name and number of the street, avenue or | ||||||
20 | other
location of the dwelling, and such additional clear and | ||||||
21 | definite
description as may be necessary to determine the exact | ||||||
22 | location of the
dwelling of the applicant. Where the location | ||||||
23 | cannot be determined by
street and number, then the Section, | ||||||
24 | congressional township and range
number may be used, or such | ||||||
25 | other information as may be necessary,
including post office | ||||||
26 | mailing address.
|
| |||||||
| |||||||
1 | Electronic mail address, if the registrant has provided | ||||||
2 | this information. | ||||||
3 | Term of residence in the State of Illinois and the | ||||||
4 | precinct.
| ||||||
5 | Nativity. The State or country in which the applicant was | ||||||
6 | born.
| ||||||
7 | Citizenship. Whether the applicant is native born or | ||||||
8 | naturalized. If
naturalized, the court, place and date of | ||||||
9 | naturalization.
| ||||||
10 | Age. Date of birth, by month, day and year.
| ||||||
11 | Out of State address of ..........................
| ||||||
12 | AFFIDAVIT OF REGISTRATION
| ||||||
13 | State of ...........)
| ||||||
14 | )ss
| ||||||
15 | County of ..........)
| ||||||
16 | I hereby swear (or affirm) that I am a citizen of the | ||||||
17 | United States;
that on the day of the next election I shall | ||||||
18 | have resided in the State
of Illinois and in the election | ||||||
19 | precinct 30 days; that I am
fully qualified to vote, that I am | ||||||
20 | not registered to vote anywhere else
in the United States, that | ||||||
21 | I intend to remain a resident of the State of
Illinois and of | ||||||
22 | the election precinct, that I intend to return to the State
of | ||||||
23 | Illinois, and that the above statements are true.
| ||||||
24 | ..............................
| ||||||
25 | (His or her signature or mark)
| ||||||
26 | Subscribed and sworn to before me, an officer qualified to |
| |||||||
| |||||||
1 | administer
oaths, on (insert date).
| ||||||
2 | ........................................
| ||||||
3 | Signature of officer administering oath.
| ||||||
4 | Upon receipt of the executed duplicate affidavit of | ||||||
5 | Registration, the
county clerk shall transfer the information | ||||||
6 | contained thereon to
duplicate Registration Cards provided for | ||||||
7 | in Section 4-8 of this Article
and shall attach thereto a copy | ||||||
8 | of each of the duplicate affidavit of
registration and | ||||||
9 | thereafter such registration card and affidavit shall
| ||||||
10 | constitute the registration of such person the same as if he | ||||||
11 | had applied
for registration in person.
| ||||||
12 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
13 | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; | ||||||
14 | 98-756, eff. 7-16-14.)
| ||||||
15 | (10 ILCS 5/4-50) | ||||||
16 | Sec. 4-50. Grace period. Notwithstanding any other | ||||||
17 | provision of this
Code to the contrary, each election authority | ||||||
18 | shall
establish procedures for the registration of voters and | ||||||
19 | for change of address during the period from the close of
| ||||||
20 | registration for a consolidated or general primary or election | ||||||
21 | and until and including the 3rd day of a consolidated or | ||||||
22 | general before the
primary or election , except that during the | ||||||
23 | 2014 general election the period shall extend until the polls | ||||||
24 | close on election day . During the this grace periods during | ||||||
25 | these elections period , an unregistered qualified
elector may
|
| |||||||
| |||||||
1 | register to vote, and a registered voter may submit a change of | ||||||
2 | address form, in person in the office of the election
| ||||||
3 | authority , at a permanent polling place established under | ||||||
4 | Section 19A-10, at any other early voting site beginning 15 | ||||||
5 | days prior to the election, at a precinct polling place, or at | ||||||
6 | a voter registration location specifically designated for this
| ||||||
7 | purpose by the election authority. During the 2014 general | ||||||
8 | election, an unregistered qualified elector may register to | ||||||
9 | vote, and a registered voter may submit a change of address | ||||||
10 | form, in person at any permanent polling place for early voting | ||||||
11 | established under Section 19A-10 through election day. The | ||||||
12 | election authority shall
register that individual, or change a | ||||||
13 | registered voter's address, in the same manner as otherwise | ||||||
14 | provided by this Article for registration and change of | ||||||
15 | address. | ||||||
16 | If a voter who registers or changes address during these | ||||||
17 | this grace periods period wishes to vote at the first election | ||||||
18 | or primary occurring after the grace period, he or she must do | ||||||
19 | so by grace period voting. The election authority shall offer | ||||||
20 | in-person grace period voting at the authority's office and any | ||||||
21 | permanent polling place established under Section 19A-10 where | ||||||
22 | grace period registration is required by this Section; and may | ||||||
23 | offer in-person grace period voting at additional locations | ||||||
24 | specifically designated for the purpose of grace period voting | ||||||
25 | by the election authority. The election authority may allow | ||||||
26 | grace period voting by mail only if the election authority has |
| |||||||
| |||||||
1 | no ballots prepared at the authority's office. Grace period | ||||||
2 | voting shall be in a manner substantially similar to voting | ||||||
3 | under Article 19A 19 . | ||||||
4 | Within one day after a voter casts a grace period ballot, | ||||||
5 | or within one day after the ballot is received by the election | ||||||
6 | authority if the election authority allows grace period voting | ||||||
7 | by mail, the election authority shall transmit by electronic | ||||||
8 | means pursuant to a process established by the State Board of | ||||||
9 | Elections the voter's name, street address, e-mail address, and | ||||||
10 | precinct, ward, township, and district numbers, as the case may | ||||||
11 | be, to the State Board of Elections, which shall maintain those | ||||||
12 | names and that information in an electronic format on its | ||||||
13 | website, arranged by county and accessible to State and local | ||||||
14 | political committees. The name of each person issued a grace | ||||||
15 | period ballot shall also be placed on the appropriate precinct | ||||||
16 | list of persons to whom vote by mail absentee and early ballots | ||||||
17 | have been issued, for use as provided in Sections 17-9 and | ||||||
18 | 18-5. | ||||||
19 | A person who casts a grace period ballot shall not be | ||||||
20 | permitted to revoke that ballot and vote another ballot with | ||||||
21 | respect to that primary or election. Ballots cast by persons | ||||||
22 | who register or change address during the grace period must be | ||||||
23 | transmitted to and counted at the election authority's central | ||||||
24 | ballot counting location and shall not be transmitted to and | ||||||
25 | counted at precinct polling places.
The grace period ballots | ||||||
26 | determined to be valid shall be added to the vote totals for |
| |||||||
| |||||||
1 | the precincts for which they were cast in the order in which | ||||||
2 | the ballots were opened.
| ||||||
3 | Election authorities may opt out of in-precinct | ||||||
4 | registration. If an election authority chooses to provide | ||||||
5 | in-precinct registration, the election authority must provide | ||||||
6 | an employee to conduct the registration. | ||||||
7 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
8 | 98-691, eff. 7-1-14.)
| ||||||
9 | (10 ILCS 5/4-105)
| ||||||
10 | Sec. 4-105. First time voting. A person must vote for the | ||||||
11 | first time in person and not by a vote by mail mailed absentee | ||||||
12 | ballot if the person registered to vote by mail, unless the | ||||||
13 | person first provides the appropriate election authority with | ||||||
14 | sufficient proof of identity and the election authority | ||||||
15 | verifies the person's proof of identity. Sufficient proof of | ||||||
16 | identity shall be demonstrated by submission of the person's | ||||||
17 | driver's license number or State identification card number or, | ||||||
18 | if the person does not have either of those, verification by | ||||||
19 | the last 4 digits of the person's social security number, a | ||||||
20 | copy of a current and valid photo identification, or a copy of | ||||||
21 | a current utility bill, bank statement, paycheck, government | ||||||
22 | check, or other federal, State, or local government document | ||||||
23 | that shows the person's name and address. A person may also | ||||||
24 | demonstrate sufficient proof of identity by submission of a | ||||||
25 | photo identification issued by a college or university |
| |||||||
| |||||||
1 | accompanied by either a copy of the applicant's contract or | ||||||
2 | lease for a residence or any postmarked mail delivered to the | ||||||
3 | applicant at his or her current residence address. Persons who | ||||||
4 | apply to register to vote by mail but provide inadequate proof | ||||||
5 | of identity to the election authority shall be notified by the | ||||||
6 | election authority that the registration has not been fully | ||||||
7 | completed and that the person remains ineligible to vote by | ||||||
8 | mail or in person until such proof is presented.
| ||||||
9 | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| ||||||
10 | (10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
| ||||||
11 | Sec. 5-9.
Except as herein provided, no person shall be | ||||||
12 | registered
unless he applies in person to registration officer, | ||||||
13 | answers such
relevant questions as may be asked of him by the | ||||||
14 | registration officer,
and executes the affidavit of | ||||||
15 | registration. The registration officer shall
require the | ||||||
16 | applicant to furnish two forms of identification, and except in | ||||||
17 | the
case of a homeless individual, one of which must include | ||||||
18 | his or her residence
address. These forms of identification | ||||||
19 | shall include, but not be limited to,
any of the following: | ||||||
20 | driver's license, social security card, public aid
| ||||||
21 | identification card, utility bill, employee or student | ||||||
22 | identification card,
lease or contract for a residence, credit | ||||||
23 | card, or a civic, union or professional association membership | ||||||
24 | card.
The registration officer shall require a homeless | ||||||
25 | individual to furnish
evidence of his or her use of the mailing |
| |||||||
| |||||||
1 | address stated. This use may be
demonstrated by a piece of mail | ||||||
2 | addressed to that individual and received at
that address or by | ||||||
3 | a statement from a person authorizing use of the mailing
| ||||||
4 | address. The registration officer shall require each applicant | ||||||
5 | for registration
to read or have read to him the affidavit of | ||||||
6 | registration before permitting him
to execute the affidavit.
| ||||||
7 | One of the Deputy Registrars, the Judge of Registration, or | ||||||
8 | an
Officer of Registration, County Clerk, or clerk in the | ||||||
9 | office of the
County Clerk, shall administer to all persons who | ||||||
10 | shall personally apply
to register the following oath or | ||||||
11 | affirmation:
| ||||||
12 | "You do solemnly swear (or affirm) that you will fully and | ||||||
13 | truly
answer all such questions as shall be put to you touching | ||||||
14 | your place of
residence, name, place of birth, your | ||||||
15 | qualifications as an elector and
your right as such to register | ||||||
16 | and vote under the laws of the State of
Illinois."
| ||||||
17 | The Registration Officer shall satisfy himself that each | ||||||
18 | applicant
for registration is qualified to register before | ||||||
19 | registering him. If the
registration officer has reason to | ||||||
20 | believe that the applicant is a resident
of a Soldiers' and | ||||||
21 | Sailors' Home or any facility which is licensed or certified
| ||||||
22 | pursuant to the Nursing Home Care Act, the Specialized Mental | ||||||
23 | Health Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
24 | Act, the following question shall be put,
"When you entered the | ||||||
25 | home which is your present address, was it your bona fide
| ||||||
26 | intention to become a resident thereof?" Any voter of a |
| |||||||
| |||||||
1 | township, city,
village or incorporated town in which such | ||||||
2 | applicant resides, shall be
permitted to be present at the | ||||||
3 | place of precinct registration, and shall have
the right to | ||||||
4 | challenge any applicant who applies to be registered.
| ||||||
5 | In case the officer is not satisfied that the applicant is | ||||||
6 | qualified,
he shall forthwith in writing notify such applicant | ||||||
7 | to appear before the
County Clerk to furnish further proof of | ||||||
8 | his qualifications. Upon the
card of such applicant shall be | ||||||
9 | written the word "Incomplete" and no
such applicant shall be | ||||||
10 | permitted to vote unless such registration is
satisfactorily | ||||||
11 | completed as hereinafter provided. No registration shall
be | ||||||
12 | taken and marked as "incomplete" if information to complete it | ||||||
13 | can be
furnished on the date of the original application.
| ||||||
14 | Any person claiming to be an elector in any election | ||||||
15 | precinct in such
township, city, village or incorporated town | ||||||
16 | and whose registration is
marked "Incomplete" may make and sign | ||||||
17 | an application in writing, under
oath, to the County Clerk in | ||||||
18 | substance in the following form:
| ||||||
19 | "I do solemnly swear that I, .........., did on (insert | ||||||
20 | date) make application to the Board of Registry of the ........
| ||||||
21 | precinct of ........ ward of the City of .... or of the | ||||||
22 | ......... District
......... Town of .......... (or to the | ||||||
23 | County Clerk of .............) and
............ County; that | ||||||
24 | said Board or Clerk refused to complete my
registration as a | ||||||
25 | qualified voter in said precinct, that I reside in said
| ||||||
26 | precinct (or that I intend to reside in said precinct), am a |
| |||||||
| |||||||
1 | duly qualified
voter and entitled to vote in said precinct at | ||||||
2 | the next election.
| ||||||
3 | ...........................
| ||||||
4 | (Signature of Applicant)"
| ||||||
5 | All such applications shall be presented to the County | ||||||
6 | Clerk by the
applicant, in person between the hours of nine | ||||||
7 | o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of | ||||||
8 | the third week subsequent to
the weeks in which the 1961 and | ||||||
9 | 1962 precinct re-registrations are to be
held, and thereafter | ||||||
10 | for the registration provided in Section 5-17 of
this Article, | ||||||
11 | all such applications shall be presented to the County
Clerk by | ||||||
12 | the applicant in person between the hours of nine o'clock a.m.
| ||||||
13 | and nine o'clock p.m. on Monday and Tuesday of the third week
| ||||||
14 | prior to the date on which such election is to be held.
| ||||||
15 | Any otherwise qualified person who is absent from his | ||||||
16 | county of
residence either due to business of the United States | ||||||
17 | or because he is
temporarily outside the territorial limits of | ||||||
18 | the United States may
become registered by mailing an | ||||||
19 | application to the county clerk within
the periods of | ||||||
20 | registration provided for in this Article or by simultaneous
| ||||||
21 | application for absentee registration by mail and vote by mail | ||||||
22 | absentee ballot as provided in
Article 20 of this Code.
| ||||||
23 | Upon receipt of such application the county clerk shall | ||||||
24 | immediately
mail an affidavit of registration in duplicate, | ||||||
25 | which affidavit shall
contain the following and such other | ||||||
26 | information as the State Board of
Elections may think it proper |
| |||||||
| |||||||
1 | to require for the identification of the
applicant:
| ||||||
2 | Name. The name of the applicant, giving surname and first | ||||||
3 | or
Christian name in full, and the middle name or the initial | ||||||
4 | for such
middle name, if any.
| ||||||
5 | Sex.
| ||||||
6 | Residence. The name and number of the street, avenue or | ||||||
7 | other
location of the dwelling, and such additional clear and | ||||||
8 | definite
description as may be necessary to determine the exact | ||||||
9 | location of the
dwelling of the applicant. Where the location | ||||||
10 | cannot be determined by
street and number, then the Section, | ||||||
11 | congressional township and range
number may be used, or such | ||||||
12 | other information as may be necessary,
including post office | ||||||
13 | mailing address.
| ||||||
14 | Electronic mail address, if the registrant has provided | ||||||
15 | this information. | ||||||
16 | Term of residence in the State of Illinois and the | ||||||
17 | precinct.
| ||||||
18 | Nativity. The State or country in which the applicant was | ||||||
19 | born.
| ||||||
20 | Citizenship. Whether the applicant is native born or | ||||||
21 | naturalized. If
naturalized, the court, place and date of | ||||||
22 | naturalization.
| ||||||
23 | Age. Date of birth, by month, day and year.
| ||||||
24 | Out of State address of ..........................
| ||||||
25 | AFFIDAVIT OF REGISTRATION
| ||||||
26 | State of .........)
|
| |||||||
| |||||||
1 | )ss
| ||||||
2 | County of ........)
| ||||||
3 | I hereby swear (or affirm) that I am a citizen of the | ||||||
4 | United States;
that on the day of the next election I shall | ||||||
5 | have resided in the State
of Illinois for 6 months and in the | ||||||
6 | election precinct 30 days; that I am
fully qualified to vote, | ||||||
7 | that I am not registered to vote anywhere else
in the United | ||||||
8 | States, that I intend to remain a resident of the State of
| ||||||
9 | Illinois and of the election precinct, that I intend to return | ||||||
10 | to the State
of Illinois, and that the above statements are | ||||||
11 | true.
| ||||||
12 | ..............................
| ||||||
13 | (His or her signature or mark)
| ||||||
14 | Subscribed and sworn to before me, an officer qualified to | ||||||
15 | administer
oaths, on (insert date).
| ||||||
16 | ........................................
| ||||||
17 | Signature of officer administering oath.
| ||||||
18 | Upon receipt of the executed duplicate affidavit of | ||||||
19 | Registration, the
county clerk shall transfer the information | ||||||
20 | contained thereon to
duplicate Registration Cards provided for | ||||||
21 | in Section 5-7 of this Article
and shall attach thereto a copy | ||||||
22 | of each of the duplicate affidavit of
registration and | ||||||
23 | thereafter such registration card and affidavit shall
| ||||||
24 | constitute the registration of such person the same as if he | ||||||
25 | had applied
for registration in person.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
2 | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13; | ||||||
3 | 98-756, eff. 7-16-14.)
| ||||||
4 | (10 ILCS 5/5-16.3) (from Ch. 46, par. 5-16.3)
| ||||||
5 | Sec. 5-16.3.
The county clerk may establish temporary | ||||||
6 | places of
registration for such times and at such locations | ||||||
7 | within the county as the
county clerk may select. However, no | ||||||
8 | temporary place of
registration may be in operation during the
| ||||||
9 | 27 days preceding an election. Notice
of time and place of | ||||||
10 | registration at any such temporary place of
registration under | ||||||
11 | this Section shall be published by the county
clerk in a | ||||||
12 | newspaper having a general circulation in the county not less
| ||||||
13 | than 3 nor more than 15 days before the holding of such | ||||||
14 | registration.
| ||||||
15 | Temporary places of registration shall be established so | ||||||
16 | that the
areas of concentration of population or use by the | ||||||
17 | public are served,
whether by facilities provided in places of | ||||||
18 | private business or in
public buildings or in mobile units. | ||||||
19 | Areas which may be designated as
temporary places of | ||||||
20 | registration include, but are not limited to, facilities
| ||||||
21 | licensed or certified pursuant to the Nursing Home Care Act, | ||||||
22 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
23 | the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
| ||||||
24 | shopping centers, business districts, public buildings and | ||||||
25 | county fairs.
|
| |||||||
| |||||||
1 | Temporary places of registration shall be available to the | ||||||
2 | public not
less than 2 hours per year for each 1,000 population | ||||||
3 | or fraction thereof
in the county.
| ||||||
4 | All temporary places of registration shall be manned by | ||||||
5 | deputy county
clerks or deputy registrars appointed pursuant to | ||||||
6 | Section 5-16.2.
| ||||||
7 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
8 | eff. 7-13-12; 98-104, eff. 7-22-13.)
| ||||||
9 | (10 ILCS 5/5-50) | ||||||
10 | Sec. 5-50. Grace period. Notwithstanding any other | ||||||
11 | provision of this
Code to the contrary, each election authority | ||||||
12 | shall
establish procedures for the registration of voters and | ||||||
13 | for change of address during the period from the close of
| ||||||
14 | registration for a consolidated or general primary or election | ||||||
15 | and until and including the 3rd day of a consolidated or | ||||||
16 | general before the
primary or election , except that during the | ||||||
17 | 2014 general election the period shall extend until the polls | ||||||
18 | close on election day . During the this grace periods during | ||||||
19 | these elections period , an unregistered qualified
elector may
| ||||||
20 | register to vote, and a registered voter may submit a change of | ||||||
21 | address form, in person in the office of the election
| ||||||
22 | authority , at a permanent polling place established under | ||||||
23 | Section 19A-10, at any other early voting site beginning 15 | ||||||
24 | days prior to the election, at a precinct polling place, or at | ||||||
25 | a voter registration location specifically designated for this
|
| |||||||
| |||||||
1 | purpose by the election authority. During the 2014 general | ||||||
2 | election, an unregistered qualified elector may register to | ||||||
3 | vote, and a registered voter may submit a change of address | ||||||
4 | form, in person at any permanent polling place for early voting | ||||||
5 | established pursuant to Section 19A-10 through election day. | ||||||
6 | The election authority shall
register that individual, or | ||||||
7 | change a registered voter's address, in the same manner as | ||||||
8 | otherwise provided by this Article for registration and change | ||||||
9 | of address. | ||||||
10 | If a voter who registers or changes address during these | ||||||
11 | this grace periods period wishes to vote at the first election | ||||||
12 | or primary occurring after the grace period, he or she must do | ||||||
13 | so by grace period voting. The election authority shall offer | ||||||
14 | in-person grace period voting at his or her office and any | ||||||
15 | permanent polling place established under Section 19A-10 where | ||||||
16 | grace period registration is required by this Section; and may | ||||||
17 | offer in-person grace period voting at additional locations | ||||||
18 | specifically designated for the purpose of grace period voting | ||||||
19 | by the election authority. The election authority may allow | ||||||
20 | grace period voting by mail only if the election authority has | ||||||
21 | no ballots prepared at the authority's office. Grace period | ||||||
22 | voting shall be in a manner substantially similar to voting | ||||||
23 | under Article 19A 19 . | ||||||
24 | Within one day after a voter casts a grace period ballot, | ||||||
25 | or within one day after the ballot is received by the election | ||||||
26 | authority if the election authority allows grace period voting |
| |||||||
| |||||||
1 | by mail, the election authority shall transmit by electronic | ||||||
2 | means pursuant to a process established by the State Board of | ||||||
3 | Elections the voter's name, street address, e-mail address, and | ||||||
4 | precinct, ward, township, and district numbers, as the case may | ||||||
5 | be, to the State Board of Elections, which shall maintain those | ||||||
6 | names and that information in an electronic format on its | ||||||
7 | website, arranged by county and accessible to State and local | ||||||
8 | political committees. The name of each person issued a grace | ||||||
9 | period ballot shall also be placed on the appropriate precinct | ||||||
10 | list of persons to whom vote by mail absentee and early ballots | ||||||
11 | have been issued, for use as provided in Sections 17-9 and | ||||||
12 | 18-5. | ||||||
13 | A person who casts a grace period ballot shall not be | ||||||
14 | permitted to revoke that ballot and vote another ballot with | ||||||
15 | respect to that primary or election. Ballots cast by persons | ||||||
16 | who register or change address during the grace period must be | ||||||
17 | transmitted to and counted at the election authority's central | ||||||
18 | ballot counting location and shall not be transmitted to and | ||||||
19 | counted at precinct polling places. The grace period ballots | ||||||
20 | determined to be valid shall be added to the vote totals for | ||||||
21 | the precincts for which they were cast in the order in which | ||||||
22 | the ballots were opened.
| ||||||
23 | Election authorities may opt out of in-precinct | ||||||
24 | registration. If an election authority chooses to provide | ||||||
25 | in-precinct registration, the election authority must provide | ||||||
26 | an employee to conduct the registration. |
| |||||||
| |||||||
1 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
2 | 98-691, eff. 7-1-14.)
| ||||||
3 | (10 ILCS 5/5-105)
| ||||||
4 | Sec. 5-105. First time voting. A person must vote for the | ||||||
5 | first time in person and not by a vote by mail mailed absentee | ||||||
6 | ballot if the person registered to vote by mail, unless the | ||||||
7 | person first provides the appropriate election authority with | ||||||
8 | sufficient proof of identity and the election authority | ||||||
9 | verifies the person's proof of identity. Sufficient proof of | ||||||
10 | identity shall be demonstrated by submission of the person's | ||||||
11 | driver's license number or State identification card number or, | ||||||
12 | if the person does not have either of those, verification by | ||||||
13 | the last 4 digits of the person's social security number, a | ||||||
14 | copy of a current and valid photo identification, or a copy of | ||||||
15 | a current utility bill, bank statement, paycheck, government | ||||||
16 | check, or other federal, State, or local government document | ||||||
17 | that shows the person's name and address. A person may also | ||||||
18 | demonstrate sufficient proof of identity by submission of a | ||||||
19 | photo identification issued by a college or university | ||||||
20 | accompanied by either a copy of the applicant's contract or | ||||||
21 | lease for a residence or any postmarked mail delivered to the | ||||||
22 | applicant at his or her current residence address. Persons who | ||||||
23 | apply to register to vote by mail but provide inadequate proof | ||||||
24 | of identity to the election authority shall be notified by the | ||||||
25 | election authority that the registration has not been fully |
| |||||||
| |||||||
1 | completed and that the person remains ineligible to vote by | ||||||
2 | mail or in person until such proof is presented.
| ||||||
3 | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| ||||||
4 | (10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
| ||||||
5 | Sec. 6-29.
For the purpose of registering voters under this | ||||||
6 | Article,
the office of the Board of Election Commissioners | ||||||
7 | shall be open during
ordinary business hours of each week day, | ||||||
8 | from 9 a.m. to 12 o'clock noon
on the last four Saturdays | ||||||
9 | immediately preceding the end of the period
of registration | ||||||
10 | preceding each election, and such other days and such
other | ||||||
11 | times as the board may direct. During the 27 days immediately
| ||||||
12 | preceding any election there shall be no registration of voters | ||||||
13 | at the
office of the Board of Election Commissioners in cities, | ||||||
14 | villages and
incorporated towns of fewer than 200,000 | ||||||
15 | inhabitants. In cities,
villages and incorporated towns of | ||||||
16 | 200,000 or more inhabitants, there
shall be no registration of | ||||||
17 | voters at the office of the Board of
Election Commissioners | ||||||
18 | during the 35 days immediately preceding any
election; | ||||||
19 | provided, however, where no precinct registration is being
| ||||||
20 | conducted prior to any election then registration may be taken | ||||||
21 | in the
office of the Board up to and including the 28th day | ||||||
22 | prior to such
election. The Board of Election Commissioners may | ||||||
23 | set up and establish
as many branch offices for the purpose of | ||||||
24 | taking registrations as it may
deem necessary, and the branch | ||||||
25 | offices may be open on any or all dates
and hours during which |
| |||||||
| |||||||
1 | registrations may be taken in the main office.
All officers and | ||||||
2 | employees of the Board of Election Commissioners who
are | ||||||
3 | authorized by such board to take registrations under this | ||||||
4 | Article
shall be considered officers of the circuit court, and | ||||||
5 | shall be subject
to the same control as is provided by Section | ||||||
6 | 14-5 of this Act with
respect to judges of election.
| ||||||
7 | In any election called for the submission of the revision | ||||||
8 | or
alteration of, or the amendments to the Constitution, | ||||||
9 | submitted by a
Constitutional Convention, the final day for | ||||||
10 | registration at the office
of the election authority charged | ||||||
11 | with the printing of the ballot of
this election shall be the | ||||||
12 | 15th day prior to the date of election.
| ||||||
13 | The Board of Election Commissioners shall appoint one or | ||||||
14 | more
registration teams, consisting of 2 of its employees for | ||||||
15 | each team, for
the purpose of accepting the registration of any | ||||||
16 | voter who files an
affidavit, within the period for taking | ||||||
17 | registrations provided for in
this Article, that he is | ||||||
18 | physically unable to appear at the office of
the Board or at | ||||||
19 | any appointed place of registration. On the day or days
when a | ||||||
20 | precinct registration is being conducted such teams shall | ||||||
21 | consist
of one member from each of the 2 leading political | ||||||
22 | parties who are
serving on the Precinct Registration Board. | ||||||
23 | Each team so designated
shall visit each disabled person and | ||||||
24 | shall accept the registration of
such person the same as if he | ||||||
25 | had applied for registration in person.
| ||||||
26 | Any otherwise qualified person who is absent from his |
| |||||||
| |||||||
1 | county of
residence due to business of the United States, or | ||||||
2 | who is temporarily residing
outside the territorial limits of | ||||||
3 | the United
States, may make application to become registered by | ||||||
4 | mail to the Board
of Election Commissioners within the periods | ||||||
5 | for registration provided
for in this Article or by | ||||||
6 | simultaneous application for absentee registration by mail
and | ||||||
7 | vote by mail absentee ballot as provided in Article 20 of this | ||||||
8 | Code.
| ||||||
9 | Upon receipt of such application the Board of Election | ||||||
10 | Commissioners
shall immediately mail an affidavit of | ||||||
11 | registration in duplicate, which
affidavit shall contain the | ||||||
12 | following and such other information as the
State Board of | ||||||
13 | Elections may think it proper to require for the
identification | ||||||
14 | of the applicant:
| ||||||
15 | Name. The name of the applicant, giving surname and first | ||||||
16 | or
Christian name in full, and the middle name or the initial | ||||||
17 | for such
middle name, if any.
| ||||||
18 | Sex.
| ||||||
19 | Residence. The name and number of the street, avenue or | ||||||
20 | other
location of the dwelling, and such additional clear and | ||||||
21 | definite
description as may be necessary to determine the exact | ||||||
22 | location of the
dwelling of the applicant. Where the location | ||||||
23 | cannot be determined by
street and number, then the section, | ||||||
24 | congressional township and range
number may be used, or such | ||||||
25 | other information as may be necessary,
including post office | ||||||
26 | mailing address.
|
| |||||||
| |||||||
1 | Electronic mail address, if the registrant has provided | ||||||
2 | this information. | ||||||
3 | Term of residence in the State of Illinois and the | ||||||
4 | precinct.
| ||||||
5 | Nativity. The state or country in which the applicant was | ||||||
6 | born.
| ||||||
7 | Citizenship. Whether the applicant is native born or | ||||||
8 | naturalized.
If naturalized, the court, place and date of | ||||||
9 | naturalization.
| ||||||
10 | Age. Date of birth, by month, day and year.
| ||||||
11 | Out of State address of ..................
| ||||||
12 | AFFIDAVIT OF REGISTRATION
| ||||||
13 | State of .........)
| ||||||
14 | ) ss.
| ||||||
15 | County of ........)
| ||||||
16 | I hereby swear (or affirm) that I am a citizen of the | ||||||
17 | United States;
that on the day of the next election I shall | ||||||
18 | have resided in the State
of Illinois and in the election | ||||||
19 | precinct 30 days; that I am fully
qualified to vote, that I am | ||||||
20 | not registered to vote anywhere else in the
United States, that | ||||||
21 | I intend to remain a resident of the State of
Illinois, and of | ||||||
22 | the election precinct, that I intend to return to the State
of | ||||||
23 | Illinois, and that the
above statements are true.
| ||||||
24 | ..............................
| ||||||
25 | (His or her signature or mark)
| ||||||
26 | Subscribed and sworn to before me, an officer qualified to |
| |||||||
| |||||||
1 | administer
oaths, on (insert date).
| ||||||
2 | ........................................
| ||||||
3 | Signature of officer administering oath.
| ||||||
4 | Upon receipt of the executed duplicate affidavit of | ||||||
5 | Registration, the
Board of Election Commissioners shall | ||||||
6 | transfer the information contained
thereon to duplicate | ||||||
7 | Registration Cards provided for in Section 6-35 of
this Article | ||||||
8 | and shall attach thereto a copy of each of the duplicate
| ||||||
9 | affidavit of registration and thereafter such registration | ||||||
10 | card and
affidavit shall constitute the registration of such | ||||||
11 | person the same as
if he had applied for registration in | ||||||
12 | person.
| ||||||
13 | (Source: P.A. 98-115, eff. 10-1-13.)
| ||||||
14 | (10 ILCS 5/6-50.3) (from Ch. 46, par. 6-50.3)
| ||||||
15 | Sec. 6-50.3.
The board of election commissioners may | ||||||
16 | establish
temporary places of registration for such times and | ||||||
17 | at such locations as
the board may select. However, no | ||||||
18 | temporary place of registration
may be in operation during the | ||||||
19 | 27 days preceding an election.
Notice of the time and place of | ||||||
20 | registration at any such temporary place of
registration under | ||||||
21 | this Section shall be published by the board of election
| ||||||
22 | commissioners in a newspaper having a general circulation in | ||||||
23 | the city, village
or incorporated town not less than 3 nor more | ||||||
24 | than 15 days before the holding
of such registration.
| ||||||
25 | Temporary places of registration shall be established so |
| |||||||
| |||||||
1 | that the
areas of concentration of population or use by the | ||||||
2 | public are served,
whether by facilities provided in places of | ||||||
3 | private business or in
public buildings or in mobile units. | ||||||
4 | Areas which may be designated as
temporary places of | ||||||
5 | registration include, but are not limited to, facilities
| ||||||
6 | licensed or certified pursuant to the Nursing Home Care Act, | ||||||
7 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
8 | the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
| ||||||
9 | shopping centers, business districts, public buildings and | ||||||
10 | county fairs.
| ||||||
11 | Temporary places of registration shall be available to the | ||||||
12 | public not
less than 2 hours per year for each 1,000 population | ||||||
13 | or fraction thereof
in the county.
| ||||||
14 | All temporary places of registration shall be manned by | ||||||
15 | employees of the
board of election commissioners or deputy | ||||||
16 | registrars appointed pursuant
to Section 6-50.2.
| ||||||
17 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
18 | eff. 7-13-12; 98-104, eff. 7-22-13.)
| ||||||
19 | (10 ILCS 5/6-100) | ||||||
20 | Sec. 6-100. Grace period. Notwithstanding any other | ||||||
21 | provision of this
Code to the contrary, each election authority | ||||||
22 | shall
establish procedures for the registration of voters and | ||||||
23 | for change of address during the period from the close of
| ||||||
24 | registration for a consolidated or general primary or election | ||||||
25 | and until and including the 3rd day of a consolidated or |
| |||||||
| |||||||
1 | general before the
primary or election , except that during the | ||||||
2 | 2014 general election the period shall extend until the polls | ||||||
3 | close on election day . During the this grace periods during | ||||||
4 | these elections period , an unregistered qualified
elector may
| ||||||
5 | register to vote, and a registered voter may submit a change of | ||||||
6 | address form, in person in the office of the election
| ||||||
7 | authority , at a permanent polling place established under | ||||||
8 | Section 19A-10, at any other early voting site beginning 15 | ||||||
9 | days prior to the election, at a precinct polling place, or at | ||||||
10 | a voter registration location specifically designated for this
| ||||||
11 | purpose by the election authority. During the 2014 general | ||||||
12 | election, an unregistered qualified elector may register to | ||||||
13 | vote, and a registered voter may submit a change of address | ||||||
14 | form, in person at any permanent polling place for early voting | ||||||
15 | established pursuant to Section 19A-10 through election day. | ||||||
16 | The election authority shall
register that individual, or | ||||||
17 | change a registered voter's address, in the same manner as | ||||||
18 | otherwise provided by this Article for registration and change | ||||||
19 | of address. | ||||||
20 | If a voter who registers or changes address during these | ||||||
21 | this grace periods period wishes to vote at the first election | ||||||
22 | or primary occurring after the grace period. The election | ||||||
23 | authority shall offer in-person grace period voting at the | ||||||
24 | authority's office and any permanent polling place established | ||||||
25 | under Section 19A-10 where grace period registration is | ||||||
26 | required by this Section; and may offer in-person grace period |
| |||||||
| |||||||
1 | voting at additional locations specifically designated for the | ||||||
2 | purpose of grace period voting by the election authority. The | ||||||
3 | election authority may allow grace period voting by mail only | ||||||
4 | if the election authority has no ballots prepared at the | ||||||
5 | authority's office. Grace period voting shall be in a manner | ||||||
6 | substantially similar to voting under Article 19A 19 . | ||||||
7 | Within one day after a voter casts a grace period ballot, | ||||||
8 | or within one day after the ballot is received by the election | ||||||
9 | authority if the election authority allows grace period voting | ||||||
10 | by mail, the election authority shall transmit by electronic | ||||||
11 | means pursuant to a process established by the State Board of | ||||||
12 | Elections the voter's name, street address, e-mail address, and | ||||||
13 | precinct, ward, township, and district numbers, as the case may | ||||||
14 | be, to the State Board of Elections, which shall maintain those | ||||||
15 | names and that information in an electronic format on its | ||||||
16 | website, arranged by county and accessible to State and local | ||||||
17 | political committees. The name of each person issued a grace | ||||||
18 | period ballot shall also be placed on the appropriate precinct | ||||||
19 | list of persons to whom vote by mail absentee and early ballots | ||||||
20 | have been issued, for use as provided in Sections 17-9 and | ||||||
21 | 18-5. | ||||||
22 | A person who casts a grace period ballot shall not be | ||||||
23 | permitted to revoke that ballot and vote another ballot with | ||||||
24 | respect to that primary or election. Ballots cast by persons | ||||||
25 | who register or change address during the grace period must be | ||||||
26 | transmitted to and counted at the election authority's central |
| |||||||
| |||||||
1 | ballot counting location and shall not be transmitted to and | ||||||
2 | counted at precinct polling places. The grace period ballots | ||||||
3 | determined to be valid shall be added to the vote totals for | ||||||
4 | the precincts for which they were cast in the order in which | ||||||
5 | the ballots were opened.
| ||||||
6 | Election authorities may opt out of in-precinct | ||||||
7 | registration. If an election authority chooses to provide | ||||||
8 | in-precinct registration, the election authority must provide | ||||||
9 | an employee to conduct the registration. | ||||||
10 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
11 | 98-691, eff. 7-1-14.)
| ||||||
12 | (10 ILCS 5/6-105)
| ||||||
13 | Sec. 6-105. First time voting. A person must vote for the | ||||||
14 | first time in person and not by a vote by mail mailed absentee | ||||||
15 | ballot if the person registered to vote by mail, unless the | ||||||
16 | person first provides the appropriate election authority with | ||||||
17 | sufficient proof of identity and the election authority | ||||||
18 | verifies the person's proof of identity. Sufficient proof of | ||||||
19 | identity shall be demonstrated by submission of the person's | ||||||
20 | driver's license number or State identification card number or, | ||||||
21 | if the person does not have either of those, verification by | ||||||
22 | the last 4 digits of the person's social security number, a | ||||||
23 | copy of a current and valid photo identification, or a copy of | ||||||
24 | a current utility bill, bank statement, paycheck, government | ||||||
25 | check, or other federal, State, or local government document |
| |||||||
| |||||||
1 | that shows the person's name and address. A person may also | ||||||
2 | demonstrate sufficient proof of identity by submission of a | ||||||
3 | photo identification issued by a college or university | ||||||
4 | accompanied by either a copy of the applicant's contract or | ||||||
5 | lease for a residence or any postmarked mail delivered to the | ||||||
6 | applicant at his or her current residence address. Persons who | ||||||
7 | apply to register to vote by mail but provide inadequate proof | ||||||
8 | of identity to the election authority shall be notified by the | ||||||
9 | election authority that the registration has not been fully | ||||||
10 | completed and that the person remains ineligible to vote by | ||||||
11 | mail or in person until such proof is presented.
| ||||||
12 | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| ||||||
13 | (10 ILCS 5/7-15) (from Ch. 46, par. 7-15)
| ||||||
14 | Sec. 7-15. At least 60 days prior to each general and | ||||||
15 | consolidated primary,
the election authority shall provide | ||||||
16 | public notice, calculated to reach
elderly and handicapped | ||||||
17 | voters, of the availability of registration and
voting aids | ||||||
18 | under the Federal Voting Accessibility for the Elderly and
| ||||||
19 | Handicapped Act, of the availability of assistance in marking | ||||||
20 | the ballot,
procedures for voting by a vote by mail absentee | ||||||
21 | ballot, and procedures for early
voting
by personal appearance.
| ||||||
22 | At least 20 days before the general primary the county
clerk of | ||||||
23 | each county, and not more than 30 nor less than 10 days before
| ||||||
24 | the consolidated primary the election authority, shall prepare | ||||||
25 | in the
manner provided in this Act, a notice of such primary |
| |||||||
| |||||||
1 | which notice shall
state the time and place of holding the | ||||||
2 | primary, the hours during which
the polls will be open, the | ||||||
3 | offices for which candidates will be
nominated at such primary | ||||||
4 | and the political parties entitled to
participate therein, | ||||||
5 | notwithstanding that no candidate of any such
political party | ||||||
6 | may be entitled to have his name printed on the primary
ballot. | ||||||
7 | Such notice shall also include the list of addresses of
| ||||||
8 | precinct polling places for the consolidated primary unless | ||||||
9 | such list is
separately published by the election authority not | ||||||
10 | less than 10 days
before the consolidated primary.
| ||||||
11 | In counties, municipalities, or towns having fewer than | ||||||
12 | 500,000
inhabitants notice of the general primary shall be | ||||||
13 | published once in two
or more newspapers published in the | ||||||
14 | county, municipality or town, as the
case may be, or if there | ||||||
15 | is no such newspaper, then in any two or more
newspapers | ||||||
16 | published in the county and having a general circulation
| ||||||
17 | throughout the community.
| ||||||
18 | In counties, municipalities, or towns having 500,000 or | ||||||
19 | more
inhabitants notice of the general primary shall be | ||||||
20 | published at least 15
days prior to the primary by the same | ||||||
21 | authorities and in the same manner
as notice of election for | ||||||
22 | general elections are required to be published
in counties, | ||||||
23 | municipalities or towns of 500,000 or more inhabitants
under | ||||||
24 | this Act.
| ||||||
25 | Notice of the consolidated primary shall be published once | ||||||
26 | in one or
more newspapers published in each political |
| |||||||
| |||||||
1 | subdivision having such
primary, and if there is no such | ||||||
2 | newspaper, then published once in a
local, community newspaper | ||||||
3 | having general circulation in the
subdivision, and also once in | ||||||
4 | a newspaper published in the county
wherein the political | ||||||
5 | subdivisions, or portions thereof, having such
primary are | ||||||
6 | situated.
| ||||||
7 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
8 | (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
| ||||||
9 | Sec. 7-34. Pollwatchers in a primary election shall be | ||||||
10 | authorized in
the following manner:
| ||||||
11 | (1) Each established political party shall be entitled to | ||||||
12 | appoint
one pollwatcher per precinct. Such pollwatchers must be | ||||||
13 | affiliated with
the political party for which they are | ||||||
14 | pollwatching and must be a registered
voter in Illinois.
| ||||||
15 | (2) Each candidate shall be entitled to appoint two | ||||||
16 | pollwatchers per
precinct. For Federal, State, county, | ||||||
17 | township, and municipal primary elections, the
pollwatchers | ||||||
18 | must be registered to vote in Illinois.
| ||||||
19 | (3) Each organization of citizens within the county or | ||||||
20 | political
subdivision, which has among its purposes or | ||||||
21 | interests the investigation
or prosecution of election frauds, | ||||||
22 | and which shall have registered its
name and address and the | ||||||
23 | names and addresses of its principal officers
with the proper | ||||||
24 | election authority at least 40 days before the primary
| ||||||
25 | election, shall be entitled to appoint one pollwatcher per |
| |||||||
| |||||||
1 | precinct.
For all primary elections, the pollwatcher must be | ||||||
2 | registered to vote in
Illinois.
| ||||||
3 | (3.5) Each State nonpartisan civic organization within the | ||||||
4 | county or political subdivision shall be entitled to appoint | ||||||
5 | one pollwatcher per precinct, provided that no more than 2 | ||||||
6 | pollwatchers appointed by State nonpartisan civic | ||||||
7 | organizations shall be present in a precinct polling place at | ||||||
8 | the same time. Each organization shall have registered the | ||||||
9 | names and addresses of its principal officers with the proper | ||||||
10 | election authority at least 40 days before the primary | ||||||
11 | election. The pollwatchers must be registered to vote in | ||||||
12 | Illinois. For the purpose of this paragraph, a "State | ||||||
13 | nonpartisan civic organization" means any corporation, | ||||||
14 | unincorporated association, or organization that: | ||||||
15 | (i) as part of its written articles of incorporation, | ||||||
16 | bylaws, or charter or by separate written declaration, has | ||||||
17 | among its stated purposes the provision of voter | ||||||
18 | information and education, the protection of individual | ||||||
19 | voters' rights, and the promotion of free and equal | ||||||
20 | elections; | ||||||
21 | (ii) is organized or primarily conducts its activities | ||||||
22 | within the State of Illinois; and | ||||||
23 | (iii) continuously maintains an office or business | ||||||
24 | location within the State of Illinois, together with a | ||||||
25 | current listed telephone number (a post office box number | ||||||
26 | without a current listed telephone number is not |
| |||||||
| |||||||
1 | sufficient).
| ||||||
2 | (4) Each organized group of proponents or opponents of a | ||||||
3 | ballot
proposition, which shall have registered the name and | ||||||
4 | address of its
organization or committee and the name and | ||||||
5 | address of its chairman with
the proper election authority at | ||||||
6 | least 40 days before the primary
election, shall be entitled to | ||||||
7 | appoint one pollwatcher per precinct. The
pollwatcher must be | ||||||
8 | registered to vote in Illinois.
| ||||||
9 | (5) In any primary election held to nominate candidates for | ||||||
10 | the offices
of a municipality of less than 3,000,000 population | ||||||
11 | that is situated in
2 or more counties, a pollwatcher who is a | ||||||
12 | resident of a county in which
any part of the municipality is
| ||||||
13 | situated shall be eligible to serve as a pollwatcher in any | ||||||
14 | polling place
located within such municipality, provided that | ||||||
15 | such pollwatcher otherwise
complies with the respective | ||||||
16 | requirements of subsections (1) through (4)
of this Section and | ||||||
17 | is a registered voter whose residence is within
Illinois.
| ||||||
18 | All pollwatchers shall be required to have proper | ||||||
19 | credentials. Such
credentials shall be printed in sufficient | ||||||
20 | quantities, shall be issued
by and under the facsimile | ||||||
21 | signature(s) of the election authority and
shall be available | ||||||
22 | for distribution at least 2 weeks prior to the
election. Such | ||||||
23 | credentials shall be authorized by the real or facsimile
| ||||||
24 | signature of the State or local party official or the candidate | ||||||
25 | or the
presiding officer of the civic organization or the | ||||||
26 | chairman of the
proponent or opponent group, as the case may |
| |||||||
| |||||||
1 | be.
| ||||||
2 | Pollwatcher credentials shall be in substantially the | ||||||
3 | following form:
| ||||||
4 | POLLWATCHER CREDENTIALS
| ||||||
5 | TO THE JUDGES OF ELECTION:
| ||||||
6 | In accordance with the provisions of the Election Code,
the | ||||||
7 | undersigned hereby appoints ........... (name of pollwatcher)
| ||||||
8 | at .......... (address) in the county of ...........,
| ||||||
9 | .......... (township or municipality) of ........... (name), | ||||||
10 | State of Illinois
and who is duly registered to vote from this | ||||||
11 | address,
to act as a pollwatcher in the ........... precinct of | ||||||
12 | the
.......... ward (if applicable) of the ...........
| ||||||
13 | (township or municipality) of ........... at the
........... | ||||||
14 | election to be held on (insert date).
| ||||||
15 | ........................ (Signature of Appointing Authority)
| ||||||
16 | ........................ TITLE (party official, candidate,
| ||||||
17 | civic organization president,
| ||||||
18 | proponent or opponent group chairman)
| ||||||
19 | Under penalties provided by law pursuant to Section 29-10 | ||||||
20 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
21 | that he or she resides
at .............. (address) in the | ||||||
22 | county of ........., ......... (township
or municipality) of | ||||||
23 | .......... (name), State of Illinois, and is duly
registered to | ||||||
24 | vote in Illinois.
| ||||||
25 | ........................... ..........................
|
| |||||||
| |||||||
1 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
2 | Which Pollwatcher Resides)
| ||||||
3 | Pollwatchers must present their credentials to the Judges | ||||||
4 | of Election
upon entering the polling place. Pollwatcher | ||||||
5 | credentials properly
executed and signed shall be proof of the | ||||||
6 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
7 | credentials are retained by the
Judges and returned to the | ||||||
8 | Election Authority at the end of the day of election
with the | ||||||
9 | other election materials. Once a pollwatcher has surrendered a
| ||||||
10 | valid credential, he may leave and reenter the polling place | ||||||
11 | provided
that such continuing action does not disrupt the | ||||||
12 | conduct of the election.
Pollwatchers may be substituted during | ||||||
13 | the course of the day, but established
political parties, | ||||||
14 | candidates, qualified civic organizations and proponents
and | ||||||
15 | opponents of a ballot proposition can have only as many | ||||||
16 | pollwatchers
at any given time as are authorized in this | ||||||
17 | Article. A substitute must
present his signed credential to the | ||||||
18 | judges of election upon entering the
polling place. Election | ||||||
19 | authorities must provide a sufficient number of
credentials to | ||||||
20 | allow for substitution of pollwatchers.
After the polls have | ||||||
21 | closed, pollwatchers shall be allowed to
remain until the | ||||||
22 | canvass of votes is completed; but may leave and
reenter only | ||||||
23 | in cases of necessity, provided that such action is not so
| ||||||
24 | continuous as to disrupt the canvass of votes.
| ||||||
25 | Candidates seeking office in a district or municipality |
| |||||||
| |||||||
1 | encompassing 2
or more counties shall be admitted to any and | ||||||
2 | all polling places throughout
such district or municipality | ||||||
3 | without regard to the counties in which such
candidates are | ||||||
4 | registered to vote. Actions of such candidates shall be
| ||||||
5 | governed in each polling place by the same privileges and | ||||||
6 | limitations that
apply to pollwatchers as provided in this | ||||||
7 | Section. Any such candidate who
engages in an activity in a | ||||||
8 | polling place which could reasonably be
construed by a majority | ||||||
9 | of the judges of election as campaign activity
shall be removed | ||||||
10 | forthwith from such polling place.
| ||||||
11 | Candidates seeking office in a district or municipality | ||||||
12 | encompassing 2 or
more counties who desire to be admitted to | ||||||
13 | polling places on election day
in such district or municipality | ||||||
14 | shall be required to have proper
credentials. Such credentials | ||||||
15 | shall be printed in sufficient quantities,
shall be issued by | ||||||
16 | and under the facsimile signature of the
election authority of | ||||||
17 | the election jurisdiction where the polling place in
which the | ||||||
18 | candidate seeks admittance is located, and shall be available | ||||||
19 | for
distribution at least 2 weeks prior to the election. Such | ||||||
20 | credentials shall
be signed by the candidate.
| ||||||
21 | Candidate credentials shall be in substantially the | ||||||
22 | following form:
| ||||||
23 | CANDIDATE CREDENTIALS
| ||||||
24 | TO THE JUDGES OF ELECTION:
| ||||||
25 | In accordance with the provisions of the Election Code, I |
| |||||||
| |||||||
1 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
2 | for ....... (name of
office) and seek admittance to ....... | ||||||
3 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
4 | (township or municipality) of ....... at the
....... election | ||||||
5 | to be held on (insert date).
| ||||||
6 | ......................... .......................
| ||||||
7 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
8 | CANDIDATE SEEKS
| ||||||
9 | NOMINATION OR
| ||||||
10 | ELECTION
| ||||||
11 | Pollwatchers shall be permitted to observe all proceedings | ||||||
12 | and view all reasonably requested records relating
to the | ||||||
13 | conduct of the election, provided the secrecy of the ballot is | ||||||
14 | not impinged, and to station themselves in a position
in the | ||||||
15 | voting room as will enable them to observe the judges making | ||||||
16 | the
signature comparison between the voter application and the | ||||||
17 | voter
registration record card; provided, however, that such | ||||||
18 | pollwatchers
shall not be permitted to station themselves in | ||||||
19 | such close proximity to
the judges of election so as to | ||||||
20 | interfere with the orderly conduct of
the election and shall | ||||||
21 | not, in any event, be permitted to handle
election materials. | ||||||
22 | Pollwatchers may challenge for cause the voting
qualifications | ||||||
23 | of a person offering to vote and may call to the
attention of | ||||||
24 | the judges of election any incorrect procedure or apparent
| ||||||
25 | violations of this Code.
|
| |||||||
| |||||||
1 | If a majority of the judges of election determine that the | ||||||
2 | polling
place has become too overcrowded with pollwatchers so | ||||||
3 | as to interfere
with the orderly conduct of the election, the | ||||||
4 | judges shall, by lot,
limit such pollwatchers to a reasonable | ||||||
5 | number, except that each
candidate and each established or new | ||||||
6 | political party shall be permitted
to have at least one | ||||||
7 | pollwatcher present.
| ||||||
8 | Representatives of an election authority, with regard to an | ||||||
9 | election
under its jurisdiction, the State Board of Elections, | ||||||
10 | and law
enforcement agencies, including but not limited to a | ||||||
11 | United States
Attorney, a State's attorney, the Attorney | ||||||
12 | General, and a State, county,
or local police department, in | ||||||
13 | the performance of their official
election duties, shall be | ||||||
14 | permitted at all times to enter and remain in
the polling | ||||||
15 | place. Upon entering the polling place, such
representatives | ||||||
16 | shall display their official credentials or other
| ||||||
17 | identification to the judges of election.
| ||||||
18 | Uniformed police officers assigned to polling place duty | ||||||
19 | shall follow
all lawful instructions of the judges of election.
| ||||||
20 | The provisions of this Section shall also apply to | ||||||
21 | supervised casting of vote by mail
absentee ballots as provided | ||||||
22 | in Section 19-12.2 of this Act.
| ||||||
23 | (Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07.)
| ||||||
24 | (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
| ||||||
25 | Sec. 7-61. Whenever a special election is necessary the |
| |||||||
| |||||||
1 | provisions of
this Article are applicable to the nomination of | ||||||
2 | candidates to be voted
for at such special election.
| ||||||
3 | In cases where a primary election is required the officer | ||||||
4 | or board or
commission whose duty it is under the provisions of | ||||||
5 | this Act relating to
general elections to call an election, | ||||||
6 | shall fix a date for the primary
for the nomination of | ||||||
7 | candidates to be voted for at such special
election. Notice of | ||||||
8 | such primary shall be given at least 15 days prior
to the | ||||||
9 | maximum time provided for the filing of petitions for such a
| ||||||
10 | primary as provided in Section 7-12.
| ||||||
11 | Any vacancy in nomination under the provisions of this | ||||||
12 | Article 7
occurring on or after the primary and prior to | ||||||
13 | certification of
candidates by the certifying board or officer, | ||||||
14 | must be filled prior to the
date of certification. Any vacancy | ||||||
15 | in nomination occurring after certification
but prior to 15 | ||||||
16 | days before the general election shall be filled within 8 days
| ||||||
17 | after the event creating the vacancy. The resolution filling | ||||||
18 | the vacancy shall
be sent by U. S. mail or personal delivery to | ||||||
19 | the certifying officer or board
within 3 days of the action by | ||||||
20 | which the vacancy was filled; provided, if such
resolution is | ||||||
21 | sent by mail and the U. S. postmark on the envelope containing
| ||||||
22 | such resolution is dated prior to the expiration of such 3 day | ||||||
23 | limit, the
resolution shall be deemed filed within such 3 day | ||||||
24 | limit. Failure to so
transmit the resolution within the time | ||||||
25 | specified in this Section shall
authorize the certifying | ||||||
26 | officer or board to certify the original candidate.
Vacancies |
| |||||||
| |||||||
1 | shall be filled by the officers of a local municipal or | ||||||
2 | township
political party as specified in subsection (h) of | ||||||
3 | Section 7-8, other than a
statewide political party, that is | ||||||
4 | established only within a municipality or
township and the | ||||||
5 | managing committee (or legislative committee in case of a
| ||||||
6 | candidate for State Senator or representative committee in the | ||||||
7 | case of a
candidate for State Representative in the General | ||||||
8 | Assembly or State central committee in the case of a candidate | ||||||
9 | for statewide office, including but not limited to the office | ||||||
10 | of United States Senator) of the respective
political party for | ||||||
11 | the territorial area in which such vacancy occurs.
| ||||||
12 | The resolution to fill a vacancy in nomination shall be | ||||||
13 | duly
acknowledged before an officer qualified to take | ||||||
14 | acknowledgements of deeds
and shall include, upon its face, the | ||||||
15 | following information:
| ||||||
16 | (a) the name of the original nominee and the office | ||||||
17 | vacated;
| ||||||
18 | (b) the date on which the vacancy occurred;
| ||||||
19 | (c) the name and address of the nominee selected to fill | ||||||
20 | the vacancy and
the date of selection.
| ||||||
21 | The resolution to fill a vacancy in nomination shall be | ||||||
22 | accompanied by a
Statement of Candidacy, as prescribed in | ||||||
23 | Section 7-10, completed by the
selected nominee and a receipt | ||||||
24 | indicating that such nominee has filed a
statement of economic | ||||||
25 | interests as required by the Illinois Governmental
Ethics Act.
| ||||||
26 | The provisions of Section 10-8 through 10-10.1 relating to |
| |||||||
| |||||||
1 | objections to
certificates of nomination and nomination | ||||||
2 | papers, hearings on objections,
and judicial review, shall | ||||||
3 | apply to and govern objections to resolutions
for filling a | ||||||
4 | vacancy in nomination.
| ||||||
5 | Any vacancy in nomination occurring 15 days or less before | ||||||
6 | the consolidated
election or the general election shall not be | ||||||
7 | filled. In this event, the
certification of the original | ||||||
8 | candidate shall stand and his name shall
appear on the official | ||||||
9 | ballot to be voted at the general election.
| ||||||
10 | A vacancy in nomination occurs when a candidate who has | ||||||
11 | been
nominated under the provisions of this Article 7 dies | ||||||
12 | before the
election (whether death occurs prior to, on or after | ||||||
13 | the day of the
primary), or declines the nomination; provided | ||||||
14 | that nominations may
become vacant for other reasons.
| ||||||
15 | If the name of no established political party candidate was | ||||||
16 | printed on
the consolidated primary ballot for a particular | ||||||
17 | office
and if no person was nominated as a write-in candidate | ||||||
18 | for such office,
a vacancy in nomination shall be created which | ||||||
19 | may be filled in accordance
with the requirements of this | ||||||
20 | Section. If the name of no established political
party | ||||||
21 | candidate was printed on the general primary ballot for a | ||||||
22 | particular
office and if no person was nominated as a write-in | ||||||
23 | candidate for such office,
a vacancy in nomination shall be | ||||||
24 | filled only by a person designated by the appropriate committee | ||||||
25 | of the political party and only if that designated person files | ||||||
26 | nominating petitions with the number of signatures required for |
| |||||||
| |||||||
1 | an established party candidate for that office within 75 days | ||||||
2 | after the day of the general primary. The circulation period | ||||||
3 | for those petitions begins on the day the appropriate committee | ||||||
4 | designates that person. The person shall file his or her | ||||||
5 | nominating petitions, statements of candidacy, notice of | ||||||
6 | appointment by the appropriate committee, and receipt of filing | ||||||
7 | his or her statement of economic interests together. These | ||||||
8 | documents shall be filed at the same location as provided in | ||||||
9 | Section 7-12. The electoral boards having jurisdiction under | ||||||
10 | Section 10-9 to hear and pass upon objections to nominating | ||||||
11 | petitions also shall hear and pass upon objections to | ||||||
12 | nomination petitions filed by candidates under this paragraph.
| ||||||
13 | A candidate for whom a nomination paper has been filed as a | ||||||
14 | partisan
candidate at a primary election, and who is defeated | ||||||
15 | for his or her
nomination at such primary election, is | ||||||
16 | ineligible to be listed on the
ballot at that general or | ||||||
17 | consolidated election as a candidate of another
political | ||||||
18 | party.
| ||||||
19 | A candidate seeking election to an office for which | ||||||
20 | candidates of
political parties are nominated by caucus who is | ||||||
21 | a participant in the
caucus and who is defeated for his or her | ||||||
22 | nomination at such caucus, is
ineligible to be listed on the | ||||||
23 | ballot at that general or consolidated
election as a candidate | ||||||
24 | of another political party.
| ||||||
25 | In the proceedings to nominate a candidate to fill a | ||||||
26 | vacancy or to
fill a vacancy in the nomination, each precinct, |
| |||||||
| |||||||
1 | township, ward, county
or congressional district, as the case | ||||||
2 | may be, shall through its
representative on such central or | ||||||
3 | managing committee, be entitled to one
vote for each ballot | ||||||
4 | voted in such precinct, township, ward, county or
congressional | ||||||
5 | district, as the case may be, by the primary electors of
its | ||||||
6 | party at the primary election immediately preceding the meeting | ||||||
7 | at
which such vacancy is to be filled.
| ||||||
8 | For purposes of this Section, the words "certify" and | ||||||
9 | "certification"
shall refer to the act of officially declaring | ||||||
10 | the names of candidates
entitled to be printed upon the | ||||||
11 | official ballot at an election and
directing election | ||||||
12 | authorities to place the names of such candidates upon
the | ||||||
13 | official ballot. "Certifying officers or board" shall refer to | ||||||
14 | the
local election official, election authority or the State | ||||||
15 | Board of
Elections, as the case may be, with whom nomination | ||||||
16 | papers, including
certificates of nomination and resolutions | ||||||
17 | to fill vacancies in nomination,
are filed and whose duty it is | ||||||
18 | to "certify" candidates.
| ||||||
19 | (Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
| ||||||
20 | (10 ILCS 5/8-17) (from Ch. 46, par. 8-17) | ||||||
21 | Sec. 8-17. The death of any candidate prior to, or on, the | ||||||
22 | date of the primary
shall not affect the canvass of the | ||||||
23 | ballots. If the result of such
canvass discloses that such | ||||||
24 | candidate, if he had lived, would have been
nominated, such | ||||||
25 | candidate shall be declared nominated. |
| |||||||
| |||||||
1 | In the event that a candidate of a party who has been | ||||||
2 | nominated under
the provisions of this Article shall die before | ||||||
3 | election (whether death
occurs prior to, or on, or after, the | ||||||
4 | date of the primary) or decline
the nomination or should the | ||||||
5 | nomination for any other reason become
vacant, the legislative | ||||||
6 | or representative committee of such party for
such district | ||||||
7 | shall
nominate a candidate of such party to fill such vacancy.
| ||||||
8 | However, if there
was no candidate for the nomination of the | ||||||
9 | party in the primary,
no candidate of that party for that
| ||||||
10 | office may be listed on the ballot at the general election, | ||||||
11 | unless the
legislative or representative committee of the party | ||||||
12 | nominates a candidate
to fill the vacancy in nomination within | ||||||
13 | 75 days after the date of the
general primary election.
| ||||||
14 | Vacancies in
nomination occurring under this Article shall be | ||||||
15 | filled by the appropriate
legislative or representative | ||||||
16 | committee in accordance with the provisions
of Section 7-61 of | ||||||
17 | this Code. In proceedings to fill the vacancy in
nomination, | ||||||
18 | the voting strength of the members of the legislative or
| ||||||
19 | representative committee shall be as provided in Section 8-6. | ||||||
20 | (Source: P.A. 96-1008, eff. 7-6-10.)
| ||||||
21 | (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
| ||||||
22 | Sec. 9-21.
Upon receipt of a complaint as provided in | ||||||
23 | Section 9-20, the Board shall hold a closed
preliminary hearing | ||||||
24 | to determine whether or not the complaint appears to
have been | ||||||
25 | filed on justifiable grounds. Such closed preliminary hearing
|
| |||||||
| |||||||
1 | shall be conducted as soon as practicable after affording | ||||||
2 | reasonable
notice, a copy of the complaint, and an opportunity | ||||||
3 | to testify at such
hearing to both the person making the | ||||||
4 | complaint and the person against whom
the complaint is | ||||||
5 | directed. If the complaint is received between 31 and 15 days | ||||||
6 | before an election about which the complaint is filed, then the | ||||||
7 | Board shall, at a minimum, hold the closed preliminary hearing | ||||||
8 | and make the determination of whether the complaint was filed | ||||||
9 | upon justifiable grounds, prior to the election. If the Board | ||||||
10 | finds that the complaint was filed upon justifiable grounds and | ||||||
11 | determines that a public hearing is necessary, that hearing may | ||||||
12 | be set prior to the election if time permits. If time does not | ||||||
13 | so permit, the hearing shall take place as soon as practicable | ||||||
14 | after the election. The complaint must be personally served on | ||||||
15 | the respondent by the complainant and proof of service must be | ||||||
16 | included with the complaint filed with the Board. In addition, | ||||||
17 | the complaint must be accompanied by the $50 filing fee. If the | ||||||
18 | complainant fails to personally serve the respondent and | ||||||
19 | provide proof, or fails to pay the filing fee, then the Board | ||||||
20 | shall not accept the complaint. Complaints involving any | ||||||
21 | conduct that relates to an upcoming election shall not be | ||||||
22 | accepted 14 or fewer business days before that election. | ||||||
23 | However, those complaints may be filed at any time after that | ||||||
24 | election. If the Board fails to determine
that the complaint | ||||||
25 | has been filed on justifiable grounds, it shall dismiss the
| ||||||
26 | complaint without further hearing. Any additional hearings |
| |||||||
| |||||||
1 | shall be open to the public.
| ||||||
2 | Whenever the Board, in an open meeting, determines, after | ||||||
3 | affording due notice and an
opportunity for a public hearing, | ||||||
4 | that any person has engaged or is about to
engage in an act or | ||||||
5 | practice which constitutes or will constitute a
violation of | ||||||
6 | any provision of this Article or any regulation or order
issued | ||||||
7 | thereunder, the Board shall issue an order directing such | ||||||
8 | person to
take such action as the Board determines may be | ||||||
9 | necessary in the public
interest to correct the violation. | ||||||
10 | Except as provided above, the
In addition, if the act or | ||||||
11 | practice
engaged in consists of the failure to file any | ||||||
12 | required report within the
time prescribed by this Article, the | ||||||
13 | Board, as part of its order, shall
further provide that if, | ||||||
14 | within the 12-month period following the issuance
of the order, | ||||||
15 | such person fails to file within the time prescribed by this
| ||||||
16 | Article any subsequent report as may be required, such person | ||||||
17 | may be subject
to a civil penalty pursuant to Section 9-23. The | ||||||
18 | Board shall render its final
judgment within 60 days of the | ||||||
19 | date the complaint is filed ; except that
during the 60 days | ||||||
20 | preceding the date of the election in reference to which
the | ||||||
21 | complaint is filed, the Board shall render its final judgment | ||||||
22 | within 7
days of the date the complaint is filed, and during | ||||||
23 | the 7 days preceding
such election, the Board shall render such | ||||||
24 | judgment before the date of such
election, if possible .
| ||||||
25 | At any time prior to the issuance of the Board's final | ||||||
26 | judgment, the
parties may dispose of the complaint by a written |
| |||||||
| |||||||
1 | stipulation, agreed
settlement
or consent order. Any such | ||||||
2 | stipulation, settlement or order shall, however,
be submitted | ||||||
3 | in writing to the Board and shall become effective only if
| ||||||
4 | approved by the Board in an open meeting. If the act or | ||||||
5 | practice complained of consists of
the failure to file any | ||||||
6 | required report within the time prescribed by this
Article, | ||||||
7 | such stipulation, settlement or order may provide that if, | ||||||
8 | within
the 12-month period following the approval of such | ||||||
9 | stipulation,
agreement or order, the person complained of fails | ||||||
10 | to file within the time
prescribed by this Article any | ||||||
11 | subsequent reports as may be required, such
person may be | ||||||
12 | subject to a civil penalty pursuant to Section 9-23.
| ||||||
13 | Any person filing a complaint pursuant to Section 9-20 may, | ||||||
14 | upon written
notice to the other parties and to the Board, | ||||||
15 | voluntarily withdraw the
complaint
at any time prior to the | ||||||
16 | issuance of the Board's final determination.
| ||||||
17 | (Source: P.A. 96-832, eff. 1-1-11 .)
| ||||||
18 | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| ||||||
19 | Sec. 10-7.
Any person whose name has been presented as a | ||||||
20 | candidate , including nonpartisan and independent candidates,
| ||||||
21 | may cause his name to be withdrawn from any such nomination by | ||||||
22 | his
request in writing, signed by him and duly acknowledged | ||||||
23 | before an
officer qualified to take acknowledgment of deeds, | ||||||
24 | and presented to the
principal office or permanent branch | ||||||
25 | office of the Board, the election
authority, or the local |
| |||||||
| |||||||
1 | election official, as the case may be, not later
than the date | ||||||
2 | for certification of candidates for the ballot. No name so
| ||||||
3 | withdrawn shall be printed upon the ballots under the party | ||||||
4 | appellation or
title from which the candidate has withdrawn his | ||||||
5 | name. If such a request for withdrawal is received after the | ||||||
6 | date for certification of the candidates for the ballot, then | ||||||
7 | the votes cast for the withdrawn candidate are invalid and | ||||||
8 | shall not be reported by the election authority. If the name of | ||||||
9 | the
same person has been presented as a candidate for 2 or more | ||||||
10 | offices which
are incompatible so that the same person could | ||||||
11 | not serve in more than one
of such offices if elected, that | ||||||
12 | person must withdraw as a candidate for
all but one of such | ||||||
13 | offices within the 5 business days following the last
day for | ||||||
14 | petition filing. If he fails to withdraw as a candidate for all
| ||||||
15 | but one of such offices within such time, his name shall not be | ||||||
16 | certified,
nor printed on the ballot, for any office. However, | ||||||
17 | nothing in this section
shall be construed as precluding a | ||||||
18 | judge who is seeking retention in office
from also being a | ||||||
19 | candidate for another judicial office. Except as
otherwise | ||||||
20 | herein provided, in case the certificate of nomination or
| ||||||
21 | petition as provided for in this Article shall contain or | ||||||
22 | exhibit the name
of any candidate for any office upon more than | ||||||
23 | one of said certificates or
petitions (for the same office), | ||||||
24 | then and in that case the Board or
election authority or local | ||||||
25 | election official, as the case may be, shall
immediately notify | ||||||
26 | said candidate of said fact and that his name appears
|
| |||||||
| |||||||
1 | unlawfully upon more than one of said certificates or petitions | ||||||
2 | and that
within 3 days from the receipt of said notification, | ||||||
3 | said candidate must
elect as to which of said political party | ||||||
4 | appellations or groups he desires
his name to appear and remain | ||||||
5 | under upon said ballot, and if said candidate
refuses, fails or | ||||||
6 | neglects to make such election, then and in that case the
Board | ||||||
7 | or election authority or local election official, as the case | ||||||
8 | may be,
shall permit the name of said candidate to appear or be | ||||||
9 | printed or placed
upon said ballot only under the political | ||||||
10 | party appellation or group
appearing on the certificate of | ||||||
11 | nomination or petition, as the case may be,
first filed, and | ||||||
12 | shall strike or cause to be stricken the name of said
candidate | ||||||
13 | from all certificates of nomination and petitions
filed after | ||||||
14 | the first such certificate of nomination or petition.
| ||||||
15 | Whenever the name of a candidate for an office is withdrawn | ||||||
16 | from a new
political party petition, it shall constitute a | ||||||
17 | vacancy in nomination for
that office which may be filled in | ||||||
18 | accordance with Section 10-11 of this
Article; provided, that | ||||||
19 | if the names of all candidates for all offices on
a new | ||||||
20 | political party petition are withdrawn or such petition is | ||||||
21 | declared
invalid by an electoral board or upon judicial review, | ||||||
22 | no vacancies in
nomination for those offices shall exist and | ||||||
23 | the filing of any notice or
resolution purporting to fill | ||||||
24 | vacancies in nomination shall have no legal effect.
| ||||||
25 | Whenever the name of an independent candidate for an office | ||||||
26 | is withdrawn
or an independent candidate's petition is declared |
| |||||||
| |||||||
1 | invalid by an electoral
board or upon judicial review, no | ||||||
2 | vacancy in nomination for that office
shall exist and the | ||||||
3 | filing of any notice or resolution purporting to fill
a vacancy | ||||||
4 | in nomination shall have no legal effect.
| ||||||
5 | All certificates of nomination and nomination papers when | ||||||
6 | presented or
filed shall be open, under proper regulation, to | ||||||
7 | public inspection, and the
State Board of Elections and the | ||||||
8 | several election authorities and local
election officials | ||||||
9 | having charge of nomination papers shall preserve the
same in | ||||||
10 | their respective offices not less than 6 months.
| ||||||
11 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
12 | (10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
| ||||||
13 | Sec. 11-4.1. (a) In appointing polling places under this | ||||||
14 | Article, the
county board or board of election commissioners | ||||||
15 | shall, insofar as they are
convenient and available, use | ||||||
16 | schools and other public buildings as polling
places.
| ||||||
17 | (b) Upon request of the county board or board of election | ||||||
18 | commissioners,
the proper agency of government (including | ||||||
19 | school districts and units of
local government) shall make a | ||||||
20 | public building under its control available
for use as a | ||||||
21 | polling place on an election day and for a reasonably
necessary | ||||||
22 | time before and after election day, without charge.
If the | ||||||
23 | county board or board of election commissioners chooses a | ||||||
24 | school
to be a polling place, then the school district must | ||||||
25 | make the school
available for use as a polling place.
However, |
| |||||||
| |||||||
1 | for the day of the election, a school district is encouraged to | ||||||
2 | (i) close the school or (ii) hold a teachers institute on that | ||||||
3 | day with students not in attendance.
| ||||||
4 | (c) A government agency which makes a public building under | ||||||
5 | its
control available for use as a polling place shall (i) | ||||||
6 | ensure the portion of
the building to be used as the polling | ||||||
7 | place is accessible to handicapped
and elderly voters and (ii) | ||||||
8 | allow the election authority to administer the election as | ||||||
9 | authorized under this Code.
| ||||||
10 | (d) If a qualified elector's precinct polling place is a | ||||||
11 | school and the elector will be unable to enter that polling | ||||||
12 | place without violating Section 11-9.3 of the Criminal Code of | ||||||
13 | 2012 because the elector is a child sex offender as defined in | ||||||
14 | Section 11-9.3 of the Criminal Code of 2012, that elector may | ||||||
15 | vote by a vote by mail absentee ballot in accordance with | ||||||
16 | Article 19 of this Code or may vote early in accordance with | ||||||
17 | Article 19A of this Code. | ||||||
18 | (Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
| ||||||
19 | (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
| ||||||
20 | Sec. 11-7.
For the purpose of the conduct of any | ||||||
21 | consolidated election,
consolidated primary election, special
| ||||||
22 | municipal primary election or emergency referendum, an | ||||||
23 | election
authority may cluster up to four contiguous precincts | ||||||
24 | as provided in
this Section, which shall constitute a clustered | ||||||
25 | voting zone. The
common polling place for the clustered voting |
| |||||||
| |||||||
1 | zone shall be located
within the territory comprising the | ||||||
2 | clustered precincts. Unless the election
authority specifies a | ||||||
3 | larger number, only one election judge shall be appointed
for | ||||||
4 | each of the precincts in each clustered voting zone.
| ||||||
5 | The judges so appointed may not all be affiliated with the | ||||||
6 | same
political party.
| ||||||
7 | The conduct of an election in a clustered voting zone shall | ||||||
8 | be under
the general supervision of all the judges of election | ||||||
9 | designated to
serve in the clustered voting zone. The | ||||||
10 | designated judges may perform
the duties of election judges for | ||||||
11 | the entire clustered voting zone.
However, the requirements of | ||||||
12 | Section 17-14 shall apply to voter
assistance, the requirements | ||||||
13 | of Section 24-10 shall apply to voter
instruction, the | ||||||
14 | requirement of Section 24A-10 shall apply to
examination of | ||||||
15 | vote by mail absentee ballots, and any disputes as to | ||||||
16 | entitlement to
vote, challenges, counting of ballots or other | ||||||
17 | matters pertaining
directly to voting shall be decided by those | ||||||
18 | designated judges appointed
for the precinct in which the | ||||||
19 | affected voter resides or the disputed
vote is to be counted.
| ||||||
20 | This Section does not apply to any elections in | ||||||
21 | municipalities with more
than 1,000,000 inhabitants.
| ||||||
22 | (Source: P.A. 90-358, eff. 1-1-98.)
| ||||||
23 | (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
| ||||||
24 | Sec. 12-1. At least 60 days prior to each general and | ||||||
25 | consolidated election,
the election authority shall provide |
| |||||||
| |||||||
1 | public notice, calculated to reach
elderly and handicapped | ||||||
2 | voters, of the availability of registration and
voting aids | ||||||
3 | under the Federal Voting Accessibility for the Elderly and
| ||||||
4 | Handicapped Act, of the availability of assistance in marking | ||||||
5 | the ballot,
procedures for voting by vote by mail absentee | ||||||
6 | ballot, and procedures for voting
early by personal appearance.
| ||||||
7 | At least 30 days before any general election, and at least | ||||||
8 | 20 days
before any special congressional election, the
county | ||||||
9 | clerk shall publish a notice of the election in 2 or more
| ||||||
10 | newspapers published in the county, city, village,
| ||||||
11 | incorporated town or town, as the case may be, or if there is | ||||||
12 | no such
newspaper, then in any 2 or more newspapers published | ||||||
13 | in the
county and having a general circulation throughout the | ||||||
14 | community. The
notice may be substantially as follows:
| ||||||
15 | Notice is hereby given that on (give date), at (give the | ||||||
16 | place of
holding the election and the name of the precinct or | ||||||
17 | district) in the
county of (name county), an election will be | ||||||
18 | held for (give the title of
the several offices to be filled), | ||||||
19 | which election will be open at 6:00
a.m. and continued open | ||||||
20 | until 7:00 p.m. of that day.
| ||||||
21 | Dated at .... on (insert date).
| ||||||
22 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
23 | (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
| ||||||
24 | Sec. 13-1. In counties not under township organization, the | ||||||
25 | county
board of commissioners shall at its meeting in July
in |
| |||||||
| |||||||
1 | each
even-numbered year appoint in each election precinct 5 | ||||||
2 | capable and
discreet persons meeting the qualifications of | ||||||
3 | Section 13-4 to
be judges of election. Where neither voting | ||||||
4 | machines nor electronic,
mechanical or electric voting systems | ||||||
5 | are used, the county board may,
for any precinct with respect | ||||||
6 | to which the board considers such action
necessary or desirable | ||||||
7 | in view of the number of voters, and shall for
general | ||||||
8 | elections for any precinct containing more than 600 registered
| ||||||
9 | voters, appoint in addition to the 5 judges of election a team | ||||||
10 | of 5
tally judges. In such precincts the judges of election | ||||||
11 | shall preside
over the election during the hours the polls are | ||||||
12 | open, and the tally
judges, with the assistance of the holdover | ||||||
13 | judges designated pursuant
to Section 13-6.2, shall count the | ||||||
14 | vote after the closing of the polls.
However, the County Board | ||||||
15 | of Commissioners may appoint 3 judges of election
to serve in | ||||||
16 | lieu of the 5 judges of election otherwise required by this
| ||||||
17 | Section to serve in any emergency referendum, or in any | ||||||
18 | odd-year regular
election or in any special primary or special | ||||||
19 | election called
for the purpose of filling a vacancy in the | ||||||
20 | office of representative in
the United States Congress or to | ||||||
21 | nominate candidates for such purpose.
The tally judges shall | ||||||
22 | possess the same qualifications and shall be
appointed in the | ||||||
23 | same manner and with the same division between
political | ||||||
24 | parties as is provided for judges of election.
| ||||||
25 | In addition to such precinct judges, the county board of
| ||||||
26 | commissioners shall appoint special panels of 3 judges each, |
| |||||||
| |||||||
1 | who shall
possess the same qualifications and shall be | ||||||
2 | appointed in the same
manner and with the same division between | ||||||
3 | political parties as is
provided for other judges of election. | ||||||
4 | The number of such panels of
judges required shall be | ||||||
5 | determined by regulations of the State Board of
Elections which | ||||||
6 | shall base the required numbers of special panels on the
number | ||||||
7 | of registered voters in the jurisdiction or the number of vote | ||||||
8 | by mail and early
absentee ballots voted at recent elections, | ||||||
9 | or any combination of such factors.
| ||||||
10 | Such appointment shall be confirmed by the court as | ||||||
11 | provided in
Section 13-3 of this Article. No more than 3 | ||||||
12 | persons of the same
political party shall be appointed judges | ||||||
13 | of the same election precinct
or election judge panel. The | ||||||
14 | appointment shall be made in the following
manner: The county | ||||||
15 | board of commissioners shall select and approve 3
persons as | ||||||
16 | judges of election in each election precinct from a certified
| ||||||
17 | list, furnished by the chairman of the County Central Committee | ||||||
18 | of the
first leading political party in such precinct; and the | ||||||
19 | county board of
commissioners shall also select and approve 2 | ||||||
20 | persons as judges of
election in each election precinct from a | ||||||
21 | certified list, furnished by
the chairman of the County Central | ||||||
22 | Committee of the second leading
political party. However, if | ||||||
23 | only 3 judges of election serve in each
election precinct, no | ||||||
24 | more than 2 persons of the same political party shall
be judges | ||||||
25 | of election in the same election precinct; and which political
| ||||||
26 | party is entitled to 2 judges of election and which political |
| |||||||
| |||||||
1 | party is
entitled to one judge of election shall be determined | ||||||
2 | in the same manner as
set forth in the next two preceding | ||||||
3 | sentences with regard to 5 election
judges in each precinct. | ||||||
4 | Such certified list shall be filed with the county
clerk not | ||||||
5 | less than 10 days before the annual meeting of the county
board | ||||||
6 | of commissioners. Such list shall be arranged according to
| ||||||
7 | precincts. The chairman of each county central committee shall, | ||||||
8 | insofar
as possible, list persons who reside within the | ||||||
9 | precinct in which they
are to serve as judges. However, he may, | ||||||
10 | in his sole discretion, submit
the names of persons who reside | ||||||
11 | outside the precinct but within the
county embracing the | ||||||
12 | precinct in which they are to serve. He must,
however, submit | ||||||
13 | the names of at least 2 residents of the precinct for
each | ||||||
14 | precinct in which his party is to have 3 judges and must submit | ||||||
15 | the
name of at least one resident of the precinct for each | ||||||
16 | precinct in which
his party is to have 2 judges. The county | ||||||
17 | board of commissioners shall
acknowledge in writing to each | ||||||
18 | county chairman the names of all persons
submitted on such | ||||||
19 | certified list and the total number of persons listed
thereon. | ||||||
20 | If no such list is filed or such list is incomplete (that is,
| ||||||
21 | no names or an insufficient number of names are furnished for | ||||||
22 | certain
election precincts), the county board of commissioners | ||||||
23 | shall make or
complete such list from the names contained in | ||||||
24 | the supplemental list
provided for in Section 13-1.1. The | ||||||
25 | election judges shall hold their
office for 2 years from their | ||||||
26 | appointment, and until their successors
are duly appointed in |
| |||||||
| |||||||
1 | the manner provided in this Act. The county board
of | ||||||
2 | commissioners shall fill all vacancies in the office of judge | ||||||
3 | of
election at any time in the manner provided in this Act.
| ||||||
4 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
5 | (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
| ||||||
6 | Sec. 13-2. Appointment of election judges in counties | ||||||
7 | having a population of less than 3,000,000. In counties under | ||||||
8 | the township organization the county
board shall at its meeting | ||||||
9 | in July in each even-numbered year
except in counties | ||||||
10 | containing a population of 3,000,000 inhabitants or
over and | ||||||
11 | except when such judges are appointed by election
| ||||||
12 | commissioners, select in each election precinct in the county, | ||||||
13 | 5 capable
and discreet persons to be judges of election who | ||||||
14 | shall
possess the
qualifications required by this Act for such | ||||||
15 | judges. Where neither
voting machines nor electronic, | ||||||
16 | mechanical or electric voting systems
are used, the county | ||||||
17 | board may, for any precinct with respect to which
the board | ||||||
18 | considers such action necessary or desirable in view of the
| ||||||
19 | number of voters, and shall for general elections for any | ||||||
20 | precinct
containing more than 600 registered voters, appoint in | ||||||
21 | addition to the 5
judges of election a team of 5 tally judges. | ||||||
22 | In such precincts the
judges of election shall preside over the | ||||||
23 | election during the hours the
polls are open, and the tally | ||||||
24 | judges, with the assistance of the
holdover judges designated | ||||||
25 | pursuant to Section 13-6.2, shall count the
vote after the |
| |||||||
| |||||||
1 | closing of the polls. The tally judges shall possess the
same | ||||||
2 | qualifications and shall be appointed in the same manner and | ||||||
3 | with
the same division between political parties as is provided | ||||||
4 | for judges of
election.
| ||||||
5 | However, the county board may appoint 3 judges of election | ||||||
6 | to serve in
lieu of the 5 judges of election otherwise required | ||||||
7 | by this Section to serve
in any emergency referendum, or in any | ||||||
8 | odd-year regular election
or in any special primary or special | ||||||
9 | election called for the purpose of
filling a vacancy in the | ||||||
10 | office of representative in the United States Congress
or to | ||||||
11 | nominate candidates for such purpose.
| ||||||
12 | In addition to such precinct judges, the county board shall | ||||||
13 | appoint
special panels of 3 judges each, who shall possess the | ||||||
14 | same
qualifications and shall be appointed in the same manner | ||||||
15 | and with the
same division between political parties as is | ||||||
16 | provided for other judges
of election. The number of such | ||||||
17 | panels of judges required shall be
determined by regulations of | ||||||
18 | the State Board of Elections, which shall
base the required | ||||||
19 | number of special panels on the number of registered
voters in | ||||||
20 | the jurisdiction or the number of vote by mail and early | ||||||
21 | absentee ballots voted at
recent elections or any combination | ||||||
22 | of such factors.
| ||||||
23 | No more than 3 persons of the same political party shall be | ||||||
24 | appointed
judges in the same election district or undivided | ||||||
25 | precinct. The election
of the judges of election in the various | ||||||
26 | election precincts shall be
made in the following manner: The |
| |||||||
| |||||||
1 | county board shall
select and approve 3 of the election judges | ||||||
2 | in each precinct from a
certified list furnished by the | ||||||
3 | chairman of the County Central Committee
of the first leading | ||||||
4 | political party in such election precinct and shall also
select | ||||||
5 | and approve 2 judges of election in each election precinct from | ||||||
6 | a
certified list furnished by the chairman of the County | ||||||
7 | Central Committee
of the second leading political party in such | ||||||
8 | election precinct. However,
if only 3 judges of election serve | ||||||
9 | in each election precinct, no more than 2
persons of the same | ||||||
10 | political party shall be judges of election in the same
| ||||||
11 | election precinct; and which political party is entitled to 2 | ||||||
12 | judges of
election and which political party is entitled to one | ||||||
13 | judge of election shall
be determined in the same manner as set | ||||||
14 | forth in the next two preceding
sentences with regard to 5 | ||||||
15 | election judges in each precinct. The respective
County Central | ||||||
16 | Committee chairman shall notify the county board by June 1 of
| ||||||
17 | each odd-numbered year immediately preceding the annual | ||||||
18 | meeting of the county
board whether or not such certified list | ||||||
19 | will be filed by such chairman. Such
list shall be arranged | ||||||
20 | according to precincts. The chairman of each county
central | ||||||
21 | committee shall, insofar as possible, list persons who reside | ||||||
22 | within
the precinct in which they are to serve as judges. | ||||||
23 | However, he may, in his sole
discretion, submit the names of | ||||||
24 | persons who reside outside the precinct but
within the county | ||||||
25 | embracing the precinct in which they are to serve. He must,
| ||||||
26 | however, submit the names of at least 2 residents of the |
| |||||||
| |||||||
1 | precinct for each
precinct in which his party is to have 3 | ||||||
2 | judges and must submit the name of at
least one resident of the | ||||||
3 | precinct for each precinct in which his party is to
have 2 | ||||||
4 | judges. Such certified list, if filed, shall be filed with the | ||||||
5 | county
clerk not less than 20 days before the annual meeting of | ||||||
6 | the county board. The
county board shall acknowledge in writing | ||||||
7 | to each county chairman the names of
all persons submitted on | ||||||
8 | such certified list and the total number of persons
listed | ||||||
9 | thereon. If no such list is filed or the list is incomplete | ||||||
10 | (that is, no
names or an insufficient number of names are | ||||||
11 | furnished for certain election
precincts), the county board | ||||||
12 | shall make or complete such list from the names
contained in | ||||||
13 | the supplemental list provided for in Section 13-1.1. Provided,
| ||||||
14 | further, that in any case where a township has been or shall be | ||||||
15 | redistricted,
in whole or in part, subsequent to one general | ||||||
16 | election for Governor, and prior
to the next, the judges of | ||||||
17 | election to be selected for all new or altered
precincts shall | ||||||
18 | be selected in that one of the methods above detailed, which
| ||||||
19 | shall be applicable according to the facts and circumstances of | ||||||
20 | the particular
case, but the majority of such judges for each | ||||||
21 | such precinct shall be selected
from the first leading | ||||||
22 | political party, and the minority judges from the second
| ||||||
23 | leading political party. Provided, further, that in counties | ||||||
24 | having a
population of 1,000,000 inhabitants or over the | ||||||
25 | selection of judges of election
shall be made in the same | ||||||
26 | manner in all respects as in other counties, except
that the |
| |||||||
| |||||||
1 | provisions relating to tally judges are inapplicable to such | ||||||
2 | counties
and except that the county board shall meet during the | ||||||
3 | month of January for the
purpose of making such selection and | ||||||
4 | the chairman of each county central
committee shall notify the | ||||||
5 | county board by the preceding October 1 whether or
not the | ||||||
6 | certified list will be filed. Such judges of election shall | ||||||
7 | hold their
office for 2 years from their appointment and until | ||||||
8 | their successors are duly
appointed in the manner provided in | ||||||
9 | this Act. The county board shall fill all
vacancies in the | ||||||
10 | office of judges of elections at any time in the manner herein
| ||||||
11 | provided.
| ||||||
12 | Such selections under this Section shall be confirmed by | ||||||
13 | the circuit
court as provided in Section 13-3 of this Article.
| ||||||
14 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
15 | (10 ILCS 5/13-3.5 new) | ||||||
16 | Sec. 13-3.5. Appointment of election judges in counties | ||||||
17 | having a population of more than 3,000,000. In counties under | ||||||
18 | the township organization the county
board shall at its meeting | ||||||
19 | in January in each even-numbered year
with a population of | ||||||
20 | 3,000,000 inhabitants or
over and except when such judges are | ||||||
21 | appointed by election
commissioners, select in each election | ||||||
22 | precinct in the county, 5 capable
and discreet persons to be | ||||||
23 | judges of election who shall
possess the
qualifications | ||||||
24 | required by this Act for such judges. Where neither
voting | ||||||
25 | machines nor electronic, mechanical or electric voting systems
|
| |||||||
| |||||||
1 | are used, the county board may, for any precinct with respect | ||||||
2 | to which
the board considers such action necessary or desirable | ||||||
3 | in view of the
number of voters, and shall for general | ||||||
4 | elections for any precinct
containing more than 600 registered | ||||||
5 | voters, appoint in addition to the 5
judges of election a team | ||||||
6 | of 5 tally judges. In such precincts the
judges of election | ||||||
7 | shall preside over the election during the hours the
polls are | ||||||
8 | open, and the tally judges, with the assistance of the
holdover | ||||||
9 | judges designated pursuant to Section 13-6.2, shall count the
| ||||||
10 | vote after the closing of the polls. The tally judges shall | ||||||
11 | possess the
same qualifications and shall be appointed in the | ||||||
12 | same manner and with
the same division between political | ||||||
13 | parties as is provided for judges of
election. | ||||||
14 | However, the county board may appoint 3 judges of election | ||||||
15 | to serve in
lieu of the 5 judges of election otherwise required | ||||||
16 | by this Section to serve
in any emergency referendum, or in any | ||||||
17 | odd-year regular election
or in any special primary or special | ||||||
18 | election called for the purpose of
filling a vacancy in the | ||||||
19 | office of representative in the United States Congress
or to | ||||||
20 | nominate candidates for such purpose. | ||||||
21 | In addition to such precinct judges, the county board shall | ||||||
22 | appoint
special panels of 3 judges each, who shall possess the | ||||||
23 | same
qualifications and shall be appointed in the same manner | ||||||
24 | and with the
same division between political parties as is | ||||||
25 | provided for other judges
of election. The number of such | ||||||
26 | panels of judges required shall be
determined by regulations of |
| |||||||
| |||||||
1 | the State Board of Elections, which shall
base the required | ||||||
2 | number of special panels on the number of registered
voters in | ||||||
3 | the jurisdiction or the number of vote by mail and early | ||||||
4 | ballots voted at
recent elections or any combination of such | ||||||
5 | factors. | ||||||
6 | No more than 3 persons of the same political party shall be | ||||||
7 | appointed
judges in the same election district or undivided | ||||||
8 | precinct. The election
of the judges of election in the various | ||||||
9 | election precincts shall be
made in the following manner: The | ||||||
10 | county board shall
select and approve 3 of the election judges | ||||||
11 | in each precinct from a
certified list furnished by the | ||||||
12 | township committeeperson precinct from a
certified list | ||||||
13 | furnished by the township committeeperson of the second leading | ||||||
14 | political party in such election precinct. However,
if only 3 | ||||||
15 | judges of election serve in each election precinct, no more | ||||||
16 | than 2
persons of the same political party shall be judges of | ||||||
17 | election in the same
election precinct; and which political | ||||||
18 | party is entitled to 2 judges of
election and which political | ||||||
19 | party is entitled to one judge of election shall
be determined | ||||||
20 | in the same manner as set forth in the next two preceding
| ||||||
21 | sentences with regard to 5 election judges in each precinct. | ||||||
22 | The respective township committeeperson shall notify the | ||||||
23 | county board by October 1 of
each odd-numbered year immediately | ||||||
24 | preceding the annual meeting of the county
board whether or not | ||||||
25 | such certified list will be filed by such township | ||||||
26 | committeeperson. Such
list shall be arranged according to |
| |||||||
| |||||||
1 | precincts. The township committeeperson of each township | ||||||
2 | shall, insofar as possible, list persons who reside within
the | ||||||
3 | precinct in which they are to serve as judges. However, he may, | ||||||
4 | in his sole
discretion, submit the names of persons who reside | ||||||
5 | outside the precinct but
within the county embracing the | ||||||
6 | precinct in which they are to serve. He must,
however, submit | ||||||
7 | the names of at least 2 residents of the precinct for each
| ||||||
8 | precinct in which his party is to have 3 judges and must submit | ||||||
9 | the name of at
least one resident of the precinct for each | ||||||
10 | precinct in which his party is to
have 2 judges. Such certified | ||||||
11 | list, if filed, shall be filed with the county
clerk not less | ||||||
12 | than 20 days before the annual meeting of the county board. The
| ||||||
13 | county board shall acknowledge in writing to each township | ||||||
14 | committeeperson the names of
all persons submitted on such | ||||||
15 | certified list and the total number of persons
listed thereon. | ||||||
16 | If no such list is filed or the list is incomplete (that is, no
| ||||||
17 | names or an insufficient number of names are furnished for | ||||||
18 | certain election
precincts), the county board shall make or | ||||||
19 | complete such list from the names
contained in the supplemental | ||||||
20 | list provided for in Section 13-1.1. Provided,
further, that in | ||||||
21 | any case where a township has been or shall be redistricted,
in | ||||||
22 | whole or in part, subsequent to one general election for | ||||||
23 | Governor, and prior
to the next, the judges of election to be | ||||||
24 | selected for all new or altered
precincts shall be selected in | ||||||
25 | that one of the methods above detailed, which
shall be | ||||||
26 | applicable according to the facts and circumstances of the |
| |||||||
| |||||||
1 | particular
case, but the majority of such judges for each such | ||||||
2 | precinct shall be selected
from the first leading political | ||||||
3 | party, and the minority judges from the second
leading | ||||||
4 | political party. Such judges of election shall hold their
| ||||||
5 | office for 2 years from their appointment and until their | ||||||
6 | successors are duly
appointed in the manner provided in this | ||||||
7 | Act. The county board shall fill all
vacancies in the office of | ||||||
8 | judges of elections at any time in the manner herein
provided. | ||||||
9 | Such selections under this Section shall be confirmed by | ||||||
10 | the circuit
court as provided in Section 13-3 of this Article.
| ||||||
11 | (10 ILCS 5/13-10) (from Ch. 46, par. 13-10)
| ||||||
12 | Sec. 13-10. The compensation of the judges of all primaries | ||||||
13 | and all
elections, except judges supervising vote by mail | ||||||
14 | absentee ballots as provided in
Section 19-12.2 of this Act, in | ||||||
15 | counties of less than 600,000
inhabitants shall be fixed by the | ||||||
16 | respective county boards or boards of
election commissioners in | ||||||
17 | all counties and municipalities, but in no case
shall such | ||||||
18 | compensation be less than $35 per day. The
compensation of | ||||||
19 | judges of all primaries and all elections not under the
| ||||||
20 | jurisdiction of the county clerk, except judges supervising | ||||||
21 | vote by mail absentee balloting
as provided in Section 19-12.2 | ||||||
22 | of this Act, in counties having a population of
2,000,000 or | ||||||
23 | more shall be not less than $60 per day. The
compensation of | ||||||
24 | judges of all primaries and all elections under the
| ||||||
25 | jurisdiction of the county clerk, except judges supervising |
| |||||||
| |||||||
1 | vote by mail absentee
balloting as provided in Section 19-12.2 | ||||||
2 | of this Act, in counties having a
population of 2,000,000 or | ||||||
3 | more shall be not less than $60 per day. The compensation of | ||||||
4 | judges of all primaries and all elections,
except judges | ||||||
5 | supervising vote by mail absentee ballots as provided in | ||||||
6 | Section 19-12.2 of
this Act, in counties having a population of | ||||||
7 | at least 600,000 but less than
2,000,000 inhabitants shall be | ||||||
8 | not less than $45 per day
as
fixed by the county board of | ||||||
9 | election commissioners of each such county. In
addition to | ||||||
10 | their per day compensation and notwithstanding the limitations
| ||||||
11 | thereon stated herein, the judges of election, in all counties | ||||||
12 | with a
population of less than 600,000, shall be paid $3 each | ||||||
13 | for each 100 voters or
portion thereof, in excess of 200 voters | ||||||
14 | voting for candidates in the election
district or precinct | ||||||
15 | wherein the judge is serving, whether a primary or an
election | ||||||
16 | is being held. However, no such extra compensation shall be | ||||||
17 | paid to
the judges of election in any precinct in which no | ||||||
18 | paper ballots are counted by
such judges of election. The 2 | ||||||
19 | judges of election in counties having a
population of less than | ||||||
20 | 600,000 who deliver the returns to the county clerk
shall each | ||||||
21 | be allowed and paid a sum to be determined by the election | ||||||
22 | authority
for such services and an additional sum per mile to | ||||||
23 | be determined by the
election authority for every mile | ||||||
24 | necessarily travelled in going to and
returning from the office | ||||||
25 | or place to which they deliver the returns. The
compensation | ||||||
26 | for mileage shall be consistent with current rates paid for
|
| |||||||
| |||||||
1 | mileage to employees of the county.
| ||||||
2 | However, all judges who have been certified by the County | ||||||
3 | Clerk or Board of
Election Commissioners as having | ||||||
4 | satisfactorily completed, within the 2 years
preceding the day | ||||||
5 | of election, the training course for judges of election, as
| ||||||
6 | provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act, | ||||||
7 | shall receive
additional compensation of not less than $10 per | ||||||
8 | day in
counties of less than 600,000 inhabitants, the | ||||||
9 | additional compensation of not
less than $10 per day in | ||||||
10 | counties having a population of
at
least 600,000 but less than | ||||||
11 | 2,000,000 inhabitants as fixed by the county board
of election | ||||||
12 | commissioners of each such county, and additional compensation | ||||||
13 | of
not less than $20 per day in counties having a population
of | ||||||
14 | 2,000,000 or more for primaries and elections not under the
| ||||||
15 | jurisdiction of the county clerk, and additional compensation | ||||||
16 | of not less
than $20 per day in counties having a population of
| ||||||
17 | 2,000,000 or more for primaries and elections under the | ||||||
18 | jurisdiction of the
county clerk.
| ||||||
19 | In precincts in which there are tally judges, the | ||||||
20 | compensation of the
tally judges shall be 2/3 of that of the | ||||||
21 | judges of election and each
holdover judge shall be paid the | ||||||
22 | compensation of a judge of election
plus that of a tally judge.
| ||||||
23 | Beginning on the effective date of this amendatory Act of | ||||||
24 | 1998, the portion
of an election judge's daily compensation | ||||||
25 | reimbursed by the State Board of
Elections is increased by
$15.
| ||||||
26 | The increase provided by this amendatory Act of 1998 must be |
| |||||||
| |||||||
1 | used
to increase each judge's compensation and may not be used | ||||||
2 | by the county to
reduce its portion of a judge's compensation.
| ||||||
3 | Beginning on the effective date of this amendatory Act of | ||||||
4 | the 95th General Assembly, the portion of an election judge's | ||||||
5 | daily compensation reimbursement by the State Board of | ||||||
6 | Elections is increased by an additional $20. The increase | ||||||
7 | provided by this amendatory Act of the 95th General Assembly | ||||||
8 | must be used to increase each judge's compensation and may not | ||||||
9 | be used by the election authority or election jurisdiction to | ||||||
10 | reduce its portion of a judge's compensation.
| ||||||
11 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
12 | (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
| ||||||
13 | Sec. 14-3.1. Boards of election commissioners in election | ||||||
14 | jurisdictions other than municipalities with a population of | ||||||
15 | more than 500,000. The board of election commissioners shall, | ||||||
16 | during the
month of July of each even-numbered year,
select
for | ||||||
17 | each election precinct within the jurisdiction of the board 5
| ||||||
18 | persons to be judges of election who shall possess the | ||||||
19 | qualifications
required by this Act for such judges. The | ||||||
20 | selection shall be made by a
county board of election | ||||||
21 | commissioners in the following manner: the county
board of | ||||||
22 | election commissioners shall select and approve 3 persons as | ||||||
23 | judges of
election in each election precinct from a certified | ||||||
24 | list
furnished by the chairman of the county central committee | ||||||
25 | of the first leading
political party in that precinct; the |
| |||||||
| |||||||
1 | county board of election commissioners
also shall select and | ||||||
2 | approve 2 persons as judges of election in each election
| ||||||
3 | precinct from a certified list furnished by the chairman of the | ||||||
4 | county central
committee of the second leading political party | ||||||
5 | in that precinct. The
selection by a municipal board of | ||||||
6 | election commissioners shall be made in the
following manner: | ||||||
7 | for each precinct, 3 judges shall be selected from one of
the 2 | ||||||
8 | leading political parties and the other 2 judges shall be | ||||||
9 | selected from
the other leading political party; the parties | ||||||
10 | entitled to 3 and 2
judges, respectively, in the several | ||||||
11 | precincts shall be determined as provided
in Section 14-4. | ||||||
12 | However, a Board of Election Commissioners may
appoint
three | ||||||
13 | judges of election to serve in lieu of the 5 judges of election | ||||||
14 | otherwise
required by this Section to serve in any emergency | ||||||
15 | referendum, or in any
odd-year regular election or in any | ||||||
16 | special primary or special election called
for the purpose of | ||||||
17 | filling a vacancy in the office of representative in the
United | ||||||
18 | States Congress or to nominate candidates for such purpose.
| ||||||
19 | If only 3 judges of election serve in each election | ||||||
20 | precinct, no more than
2 persons of the same political party | ||||||
21 | shall be judges of election in the
same election precinct, and | ||||||
22 | which political party is entitled to 2 judges
of election and | ||||||
23 | which political party is entitled to one judge of election
| ||||||
24 | shall be determined as set forth in this Section for a county | ||||||
25 | board of
election commissioners' selection of 5 election judges | ||||||
26 | in each precinct or in
Section 14-4 for a municipal board of |
| |||||||
| |||||||
1 | election commissioners' selection of
election judges in each | ||||||
2 | precinct, whichever is appropriate. In addition to
such | ||||||
3 | precinct judges, the board of election commissioners shall | ||||||
4 | appoint special
panels of 3 judges each, who shall possess the | ||||||
5 | same qualifications and shall be
appointed in the same manner | ||||||
6 | and with the
same division between political parties as is | ||||||
7 | provided for other judges of
election. The number of such | ||||||
8 | panels of judges required shall be determined by
regulation of | ||||||
9 | the State Board of Elections, which shall base the required
| ||||||
10 | number of special panels on the number of registered voters in | ||||||
11 | the jurisdiction
or the number of vote by mail or early | ||||||
12 | absentee ballots voted at recent elections or any combination
| ||||||
13 | of such factors. A municipal board of election
commissioners | ||||||
14 | shall make the
selections of persons qualified under Section | ||||||
15 | 14-1 from certified lists
furnished by the chairman of the | ||||||
16 | respective county central committees of the 2
leading political | ||||||
17 | parties. Lists furnished by chairmen of county central
| ||||||
18 | committees under this Section shall be arranged
according to | ||||||
19 | precincts. The chairman of each county central committee shall,
| ||||||
20 | insofar as possible, list persons who reside within the | ||||||
21 | precinct in which they
are to serve as judges.
However, he may, | ||||||
22 | in his sole discretion, submit the names of persons who
reside | ||||||
23 | outside the precinct but within the county embracing the | ||||||
24 | precinct
in which they are to serve. He must, however, submit | ||||||
25 | the names of at
least 2 residents of the precinct for each | ||||||
26 | precinct in which his party
is to have 3 judges and must submit |
| |||||||
| |||||||
1 | the name of at least one resident of
the precinct for each | ||||||
2 | precinct in which his party is to have 2 judges.
The board of | ||||||
3 | election commissioners shall no later than March 1 of each
| ||||||
4 | even-numbered year notify the chairmen
of the respective county | ||||||
5 | central committees of their responsibility to
furnish such | ||||||
6 | lists, and each such chairman shall furnish the board of
| ||||||
7 | election commissioners with the list for his party on or before | ||||||
8 | May 1 of each
even-numbered year. The
board of election | ||||||
9 | commissioners shall acknowledge in writing to each
county | ||||||
10 | chairman the names of all persons submitted on such certified
| ||||||
11 | list and the total number of persons listed thereon. If no such | ||||||
12 | list is
furnished or if no names or an insufficient number of | ||||||
13 | names are
furnished for certain precincts, the board of | ||||||
14 | election commissioners
shall make or complete such list from | ||||||
15 | the names contained in the
supplemental list provided for in | ||||||
16 | Section 14-3.2. Judges of election
shall hold their office for | ||||||
17 | 2 years from their appointment and until
their successors are | ||||||
18 | duly appointed in the manner herein provided. The
board of | ||||||
19 | election commissioners shall, subject to the provisions of
| ||||||
20 | Section 14-3.2, fill all vacancies in the office of judges of | ||||||
21 | election
at any time in the manner herein provided.
| ||||||
22 | Such selections under this Section shall be confirmed by | ||||||
23 | the court as
provided in Section 14-5.
| ||||||
24 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
25 | (10 ILCS 5/14-3.1A new) |
| |||||||
| |||||||
1 | Sec. 14-3.1A. Boards of election commissioners in | ||||||
2 | municipalities with a population of more than 500,000. The | ||||||
3 | board of election commissioners shall, during the
month of July | ||||||
4 | of each even-numbered year,
select
for each election precinct | ||||||
5 | within the jurisdiction of the board 5
persons to be judges of | ||||||
6 | election who shall possess the qualifications
required by this | ||||||
7 | Act for such judges. The selection shall be made by a
county | ||||||
8 | board of election commissioners in the following manner: the | ||||||
9 | county
board of election commissioners shall select and approve | ||||||
10 | 3 persons as judges of
election in each election precinct from | ||||||
11 | a certified list
furnished by the ward committeeperson for each | ||||||
12 | ward in the municipality of the first leading
political party | ||||||
13 | in that precinct; the county board of election commissioners
| ||||||
14 | also shall select and approve 2 persons as judges of election | ||||||
15 | in each election
precinct from a certified list furnished by | ||||||
16 | the ward committeeperson for each ward in the municipality of | ||||||
17 | the second leading political party in that precinct. The
| ||||||
18 | selection by a municipal board of election commissioners shall | ||||||
19 | be made in the
following manner: for each precinct, 3 judges | ||||||
20 | shall be selected from one of
the 2 leading political parties | ||||||
21 | and the other 2 judges shall be selected from
the other leading | ||||||
22 | political party; the parties entitled to 3 and 2
judges, | ||||||
23 | respectively, in the several precincts shall be determined as | ||||||
24 | provided
in Section 14-4. However, a Board of Election | ||||||
25 | Commissioners may
appoint
three judges of election to serve in | ||||||
26 | lieu of the 5 judges of election otherwise
required by this |
| |||||||
| |||||||
1 | Section to serve in any emergency referendum, or in any
| ||||||
2 | odd-year regular election or in any special primary or special | ||||||
3 | election called
for the purpose of filling a vacancy in the | ||||||
4 | office of representative in the
United States Congress or to | ||||||
5 | nominate candidates for such purpose. | ||||||
6 | If only 3 judges of election serve in each election | ||||||
7 | precinct, no more than
2 persons of the same political party | ||||||
8 | shall be judges of election in the
same election precinct, and | ||||||
9 | which political party is entitled to 2 judges
of election and | ||||||
10 | which political party is entitled to one judge of election
| ||||||
11 | shall be determined as set forth in this Section for a county | ||||||
12 | board of
election commissioners' selection of 5 election judges | ||||||
13 | in each precinct or in
Section 14-4 for a municipal board of | ||||||
14 | election commissioners' selection of
election judges in each | ||||||
15 | precinct, whichever is appropriate. In addition to
such | ||||||
16 | precinct judges, the board of election commissioners shall | ||||||
17 | appoint special
panels of 3 judges each, who shall possess the | ||||||
18 | same qualifications and shall be
appointed in the same manner | ||||||
19 | and with the
same division between political parties as is | ||||||
20 | provided for other judges of
election. The number of such | ||||||
21 | panels of judges required shall be determined by
regulation of | ||||||
22 | the State Board of Elections, which shall base the required
| ||||||
23 | number of special panels on the number of registered voters in | ||||||
24 | the jurisdiction
or the number of vote by mail or early ballots | ||||||
25 | voted at recent elections or any combination
of such factors. A | ||||||
26 | municipal board of election
commissioners shall make the
|
| |||||||
| |||||||
1 | selections of persons qualified under Section 14-1 from | ||||||
2 | certified lists
furnished by the ward committeeperson of the | ||||||
3 | respective ward, or the ward committeeperson in a municipality | ||||||
4 | with more than 500,000 inhabitants, of the 2
leading political | ||||||
5 | parties. Lists furnished by ward committeepersons under this | ||||||
6 | Section shall be arranged
according to precincts. The ward | ||||||
7 | committeepersons shall,
insofar as possible, list persons who | ||||||
8 | reside within the precinct in which they
are to serve as | ||||||
9 | judges.
However, he or she may, in his or her sole discretion, | ||||||
10 | submit the names of persons who
reside outside the precinct but | ||||||
11 | within the county embracing the precinct
in which they are to | ||||||
12 | serve. He or she must, however, submit the names of at
least 2 | ||||||
13 | residents of the precinct for each precinct in which his party
| ||||||
14 | is to have 3 judges and must submit the name of at least one | ||||||
15 | resident of
the precinct for each precinct in which his party | ||||||
16 | is to have 2 judges.
The board of election commissioners shall | ||||||
17 | no later than March 1 of each
even-numbered year notify the | ||||||
18 | ward committeepersons of their responsibility to
furnish such | ||||||
19 | lists, and each such ward committeeperson shall furnish the | ||||||
20 | board of
election commissioners with the list for his party on | ||||||
21 | or before May 1 of each
even-numbered year. The
board of | ||||||
22 | election commissioners shall acknowledge in writing to each
| ||||||
23 | county chairman the names of all persons submitted on such | ||||||
24 | certified
list and the total number of persons listed thereon. | ||||||
25 | If no such list is
furnished or if no names or an insufficient | ||||||
26 | number of names are
furnished for certain precincts, the board |
| |||||||
| |||||||
1 | of election commissioners
shall make or complete such list from | ||||||
2 | the names contained in the
supplemental list provided for in | ||||||
3 | Section 14-3.2. Judges of election
shall hold their office for | ||||||
4 | 2 years from their appointment and until
their successors are | ||||||
5 | duly appointed in the manner herein provided. The
board of | ||||||
6 | election commissioners shall, subject to the provisions of
| ||||||
7 | Section 14-3.2, fill all vacancies in the office of judges of | ||||||
8 | election
at any time in the manner herein provided. | ||||||
9 | Such selections under this Section shall be confirmed by | ||||||
10 | the court as
provided in Section 14-5.
| ||||||
11 | (10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
| ||||||
12 | Sec. 16-5.01. (a) The election authority shall, at least 46
| ||||||
13 | days prior to the date of any election at which federal | ||||||
14 | officers
are elected and 45 days prior to any other regular | ||||||
15 | election, have a
sufficient number of ballots printed so that | ||||||
16 | such ballots will be available
for mailing 45 days prior to the | ||||||
17 | date of the election to persons who have
filed application for | ||||||
18 | a ballot under the provisions of Article 20 of this Act.
| ||||||
19 | (b) If at any election at which federal offices are elected
| ||||||
20 | or nominated the election authority is unable to comply with | ||||||
21 | the provisions
of subsection (a), the election authority shall | ||||||
22 | mail to each such person, in
lieu of the ballot, a Special | ||||||
23 | Write-in Vote by Mail Absentee Voter's Blank Ballot.
The | ||||||
24 | Special Write-in Vote by Mail Absentee Voter's Blank Ballot | ||||||
25 | shall be used at
all elections at which federal officers are |
| |||||||
| |||||||
1 | elected or nominated and shall be
prepared by the election | ||||||
2 | authority in substantially the following form:
| ||||||
3 | Special Write-in Vote by Mail Absentee Voter's Blank Ballot
| ||||||
4 | (To vote for a person, write the title of the office and | ||||||
5 | his or her name
on the lines provided. Place to the left of and | ||||||
6 | opposite the title of
office a square and place a cross (X) in | ||||||
7 | the square.)
| ||||||
8 | Title of Office Name of Candidate
| ||||||
9 | ( )
| ||||||
10 | ( )
| ||||||
11 | ( )
| ||||||
12 | ( )
| ||||||
13 | ( )
| ||||||
14 | ( )
| ||||||
15 | The election authority shall send with the Special Write-in | ||||||
16 | Vote by Mail Absentee
Voter's Blank Ballot a list of all | ||||||
17 | referenda for which the voter is qualified
to vote and all | ||||||
18 | candidates for whom nomination papers have been filed and
for | ||||||
19 | whom the voter is qualified to vote. The voter shall be | ||||||
20 | entitled to
write in the name of any candidate seeking
election | ||||||
21 | and any referenda for which he or she is entitled to vote.
| ||||||
22 | On the back or outside of the ballot, so as to appear when | ||||||
23 | folded, shall
be printed the words "Official Ballot", the date | ||||||
24 | of the election and a
facsimile of the signature of the | ||||||
25 | election authority who has caused the
ballot to be printed.
| ||||||
26 | The provisions of Article 20, insofar as they may be |
| |||||||
| |||||||
1 | applicable to the
Special Write-in Vote by Mail Absentee | ||||||
2 | Voter's Blank Ballot, shall be applicable herein.
| ||||||
3 | (c) Notwithstanding any provision of this Code or other law
| ||||||
4 | to the contrary, the governing body of a municipality may | ||||||
5 | adopt, upon submission of a written statement by the | ||||||
6 | municipality's election authority attesting to the | ||||||
7 | administrative ability of the election authority to administer | ||||||
8 | an election using a ranked ballot to the municipality's | ||||||
9 | governing body,
an ordinance requiring, and that | ||||||
10 | municipality's election
authority shall prepare, a ranked vote | ||||||
11 | by mail absentee ballot for
municipal and township office | ||||||
12 | candidates to be voted on in the consolidated
election.
This | ||||||
13 | ranked ballot shall be for use only by
a qualified voter who | ||||||
14 | either is a member of the United States
military or will be | ||||||
15 | outside of the United States on the
consolidated primary | ||||||
16 | election day and the consolidated
election day. The ranked | ||||||
17 | ballot shall contain a list of the
titles of all municipal and | ||||||
18 | township offices potentially contested at both the | ||||||
19 | consolidated
primary election and the consolidated election | ||||||
20 | and the candidates for each office and shall
permit the elector | ||||||
21 | to vote in the consolidated election by
indicating his or her | ||||||
22 | order of preference for each candidate
for each office. To | ||||||
23 | indicate his or her order of preference for
each candidate for | ||||||
24 | each office, the voter shall put the number
one next to the | ||||||
25 | name of the candidate who is the voter's first
choice, the | ||||||
26 | number 2 for his or her second choice, and so forth
so that, in |
| |||||||
| |||||||
1 | consecutive numerical order, a number indicating
the voter's | ||||||
2 | preference is written by the voter next to each
candidate's | ||||||
3 | name on the ranked ballot. The voter shall not be required
to | ||||||
4 | indicate his or her preference for more than one candidate
on | ||||||
5 | the ranked ballot. The voter may not cast a write-in vote using | ||||||
6 | the ranked ballot for the consolidated election. The election | ||||||
7 | authority shall, if using the
ranked vote by mail absentee | ||||||
8 | ballot authorized by this subsection, also
prepare | ||||||
9 | instructions for use of the ranked ballot. The ranked ballot | ||||||
10 | for the consolidated election shall be mailed to the voter at | ||||||
11 | the same time that the ballot for the consolidated primary | ||||||
12 | election is mailed to the voter and the election authority | ||||||
13 | shall accept the completed ranked ballot for the consolidated | ||||||
14 | election when the authority accepts the completed ballot for | ||||||
15 | the consolidated primary election.
| ||||||
16 | The voter shall also be sent a vote by mail an absentee | ||||||
17 | ballot for the consolidated election for those races that are | ||||||
18 | not related to the results of the consolidated primary election | ||||||
19 | as soon as the consolidated election ballot is certified.
| ||||||
20 | The State Board of Elections shall adopt rules for election
| ||||||
21 | authorities for the implementation of this subsection,
| ||||||
22 | including but not limited to the application for and counting
| ||||||
23 | of ranked ballots.
| ||||||
24 | (Source: P.A. 96-1004, eff. 1-1-11; 97-81, eff. 7-5-11.)
| ||||||
25 | (10 ILCS 5/17-8) (from Ch. 46, par. 17-8)
|
| |||||||
| |||||||
1 | Sec. 17-8. The county clerk shall provide in each polling
| ||||||
2 | place, so designated or provided a sufficient number of booths, | ||||||
3 | which
shall be provided with such supplies and conveniences, | ||||||
4 | including
shelves, pens, penholders, ink, blotters and | ||||||
5 | pencils, as will enable the
voter to prepare his ballot for | ||||||
6 | voting, and in which voters may prepare
their ballots screened | ||||||
7 | from all observation as to the manner in which
they do so. They | ||||||
8 | shall be within plain view of election officers, and both
they | ||||||
9 | and the ballot boxes shall be within plain view of those within | ||||||
10 | the
proximity of the voting booths. Each of said booths shall | ||||||
11 | have 3 sides
enclosed, one
side in front, to be closed with a | ||||||
12 | curtain. Each side of each booth
shall be 6 feet 4 inches and | ||||||
13 | the curtain shall extend within 2 feet of
the floor, which | ||||||
14 | shall be closed while the voter is preparing his
ballot. Each | ||||||
15 | booth shall be at least 32 inches square and shall contain
a | ||||||
16 | shelf at least one foot wide, at a convenient height for | ||||||
17 | writing. No
person other than the election officers and the | ||||||
18 | challengers allowed by
law, and those admitted for the purpose | ||||||
19 | of voting as herein provided,
shall be permitted within the | ||||||
20 | proximity of the voting booths, (i)
except by authority of the
| ||||||
21 | election officers to keep order and enforce the law and (ii) | ||||||
22 | except that one or more children under the age of 18 may | ||||||
23 | accompany their parent or guardian into the voting booth as | ||||||
24 | long as a request to do so is made to the election officers | ||||||
25 | and, in the sole discretion of the election officers, the child | ||||||
26 | or children are not likely to disrupt or interfere with the |
| |||||||
| |||||||
1 | voting process or influence the casting of a vote. The number | ||||||
2 | of such
voting booths shall not be less than one to every 75 | ||||||
3 | voters or fraction
thereof who voted at the last preceding | ||||||
4 | election in the precinct. The
expense of providing booths and | ||||||
5 | other things required in
this Act shall be paid in the same | ||||||
6 | manner as other election expenses.
| ||||||
7 | Where electronic voting systems are used, a booth with a
| ||||||
8 | self-contained electronic voting device may be used. Each such | ||||||
9 | booth
shall have 3 sides enclosed and shall be equipped with a | ||||||
10 | curtain for
closing the front of the booth. The curtain must | ||||||
11 | extend to within 2
feet of the floor. Each side shall be of | ||||||
12 | such a height, in no event
less than 5 feet, one inch, as to | ||||||
13 | insure the secrecy of the voter. Each
booth shall be at least | ||||||
14 | 32 inches square, provided, however, that where
a booth is no | ||||||
15 | more than 23 inches wide and the sides of such booth
extend | ||||||
16 | from a point below the device to a height of 5 feet, one inch, | ||||||
17 | at
the front of the booth, and such booth insures that voters | ||||||
18 | may prepare
their ballots in secrecy, such booth may be used. | ||||||
19 | If an election authority provides each polling place with | ||||||
20 | stickers or emblems to be given to voters indicating that the | ||||||
21 | person has voted, no person who has voted shall be denied such | ||||||
22 | sticker or emblem.
| ||||||
23 | (Source: P.A. 94-288, eff. 1-1-06.)
| ||||||
24 | (10 ILCS 5/17-9) (from Ch. 46, par. 17-9)
| ||||||
25 | Sec. 17-9. Any person desiring to vote shall give his name |
| |||||||
| |||||||
1 | and, if
required to do so, his residence to the judges of | ||||||
2 | election, one of whom
shall thereupon announce the same in a | ||||||
3 | loud and distinct tone of voice,
clear, and audible; the judges | ||||||
4 | of elections shall check each application
for ballot against | ||||||
5 | the list of voters registered in that precinct to
whom grace | ||||||
6 | period, vote by mail absentee ,
or early
ballots have been | ||||||
7 | issued for that election, which shall be
provided by the | ||||||
8 | election authority and which list shall be available for
| ||||||
9 | inspection by pollwatchers. A voter applying to vote in the
| ||||||
10 | precinct on election day whose name appears on the list as | ||||||
11 | having
been issued a grace period, vote by mail absentee ,
or | ||||||
12 | early
ballot shall not be permitted to vote in the
precinct, | ||||||
13 | except that a voter to whom a vote by mail an absentee ballot | ||||||
14 | was issued may vote in the precinct if the voter submits to the | ||||||
15 | election judges that vote by mail absentee ballot for | ||||||
16 | cancellation. If the voter is unable to submit the vote by mail | ||||||
17 | absentee ballot, it shall be sufficient for the voter to submit | ||||||
18 | to the election judges (i) a portion of the vote by mail | ||||||
19 | absentee ballot if the vote by mail absentee ballot was torn or | ||||||
20 | mutilated or (ii) an affidavit executed before the election | ||||||
21 | judges specifying that (A) the voter never received a vote by | ||||||
22 | mail an absentee ballot or (B) the voter completed and returned | ||||||
23 | a vote by mail an absentee ballot and was informed that the | ||||||
24 | election authority did not receive that vote by mail absentee | ||||||
25 | ballot. All applicable provisions of Articles
4, 5 or 6 shall | ||||||
26 | be complied with and if such name is found on the register of
|
| |||||||
| |||||||
1 | voters by the
officer having charge thereof, he shall likewise | ||||||
2 | repeat said name, and
the voter shall be allowed to enter | ||||||
3 | within the proximity of the voting
booths, as above provided. | ||||||
4 | One of the judges shall give the voter one,
and only one of | ||||||
5 | each ballot to be voted at the election, on the back of
which | ||||||
6 | ballots such judge shall indorse his initials in such manner | ||||||
7 | that
they may be seen when each such ballot is properly folded, | ||||||
8 | and the
voter's name shall be immediately checked on the | ||||||
9 | register list. In those
election jurisdictions where | ||||||
10 | perforated ballot cards are utilized of the
type on which | ||||||
11 | write-in votes can be cast above the perforation, the election
| ||||||
12 | authority shall provide a space both above and below the | ||||||
13 | perforation for
the judge's initials, and the judge shall | ||||||
14 | endorse his or her initials in
both spaces. Whenever
a proposal | ||||||
15 | for a constitutional amendment or for the calling of a
| ||||||
16 | constitutional convention is to be voted upon at the election, | ||||||
17 | the
separate blue ballot or ballots pertaining thereto shall, | ||||||
18 | when being
handed to the voter, be placed on top of the other | ||||||
19 | ballots to be voted
at the election in such manner that the | ||||||
20 | legend appearing on the back
thereof, as prescribed in Section | ||||||
21 | 16-6 of this Act, shall be plainly
visible to the voter. At all | ||||||
22 | elections, when a registry may be
required, if the name of any | ||||||
23 | person so desiring to vote at such election
is not found on the | ||||||
24 | register of voters, he or she shall not receive a ballot
until | ||||||
25 | he or she shall have complied with the law prescribing the | ||||||
26 | manner and
conditions of voting by unregistered voters. If any |
| |||||||
| |||||||
1 | person desiring to
vote at any election shall be challenged, he | ||||||
2 | or she shall not receive a ballot
until he or she shall have | ||||||
3 | established his right to vote in the manner provided
| ||||||
4 | hereinafter; and if he or she shall be challenged after he has | ||||||
5 | received his
ballot, he shall not be permitted to vote until he | ||||||
6 | or she has fully complied
with such requirements of the law | ||||||
7 | upon being challenged. Besides the
election officer, not more | ||||||
8 | than 2 voters in excess of the whole number
of voting booths | ||||||
9 | provided shall be allowed within the proximity of the voting
| ||||||
10 | booths at one
time. The provisions of this Act, so far as they | ||||||
11 | require the
registration of voters as a condition to their | ||||||
12 | being allowed to vote
shall not apply to persons otherwise | ||||||
13 | entitled to vote, who are, at the
time of the election, or at | ||||||
14 | any time within 60 days prior to such
election have been | ||||||
15 | engaged in the military or naval service of the
United States, | ||||||
16 | and who appear personally at the polling place on
election day | ||||||
17 | and produce to the judges of election satisfactory evidence
| ||||||
18 | thereof, but such persons, if otherwise qualified to vote, | ||||||
19 | shall be
permitted to vote at such election without previous | ||||||
20 | registration.
| ||||||
21 | All such persons shall also make an affidavit which shall | ||||||
22 | be in
substantially the following form:
| ||||||
23 | State of Illinois,)
| ||||||
24 | ) ss.
| ||||||
25 | County of ........)
| ||||||
26 | ............... Precinct .......... Ward
|
| |||||||
| |||||||
1 | I, ...., do solemnly swear (or affirm) that I am a citizen | ||||||
2 | of the
United States, of the age of 18 years or over, and that | ||||||
3 | within the past
60 days prior to the date of this election at | ||||||
4 | which I am applying to
vote, I have been engaged in the .... | ||||||
5 | (military or naval) service of the
United States; and I am | ||||||
6 | qualified to vote under and by virtue of the
Constitution and | ||||||
7 | laws of the State of Illinois, and that I am a legally
| ||||||
8 | qualified voter of this precinct and ward except that I have, | ||||||
9 | because of
such service, been unable to register as a voter; | ||||||
10 | that I now reside at
.... (insert street and number, if any) in | ||||||
11 | this precinct and ward; that I
have maintained a legal | ||||||
12 | residence in this precinct and ward for 30 days
and in this | ||||||
13 | State 30 days next preceding this election.
| ||||||
14 | .........................
| ||||||
15 | Subscribed and sworn to before me on (insert date).
| ||||||
16 | .........................
| ||||||
17 | Judge of Election.
| ||||||
18 | The affidavit of any such person shall be supported by the | ||||||
19 | affidavit
of a resident and qualified voter of any such | ||||||
20 | precinct and ward, which
affidavit shall be in substantially | ||||||
21 | the following form:
| ||||||
22 | State of Illinois,)
| ||||||
23 | ) ss.
| ||||||
24 | County of ........)
| ||||||
25 | ........... Precinct ........... Ward
|
| |||||||
| |||||||
1 | I, ...., do solemnly swear (or affirm), that I am a | ||||||
2 | resident of this
precinct and ward and entitled to vote at this | ||||||
3 | election; that I am
acquainted with .... (name of the | ||||||
4 | applicant); that I verily believe him
to be an actual bona fide | ||||||
5 | resident of this precinct and ward and that I
verily believe | ||||||
6 | that he or she has maintained a legal residence therein 30 days
| ||||||
7 | and in this State 30 days next preceding this election.
| ||||||
8 | .........................
| ||||||
9 | Subscribed and sworn to before me on (insert date).
| ||||||
10 | .........................
| ||||||
11 | Judge of Election.
| ||||||
12 | All affidavits made under the provisions of this Section | ||||||
13 | shall be
enclosed in a separate envelope securely sealed, and | ||||||
14 | shall be
transmitted with the returns of the elections to the | ||||||
15 | county clerk or to
the board of election commissioners, who | ||||||
16 | shall preserve the said
affidavits for the period of 6 months, | ||||||
17 | during which period such
affidavits shall be deemed public | ||||||
18 | records and shall be freely open to
examination as such.
| ||||||
19 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| ||||||
20 | (10 ILCS 5/17-18.1) (from Ch. 46, par. 17-18.1)
| ||||||
21 | Sec. 17-18.1.
Wherever the judicial retention ballot to be | ||||||
22 | used in
any general election contains the names of more than 15 | ||||||
23 | judges on a
separate paper ballot, the County Clerk or Board of | ||||||
24 | Election
Commissioners as the case may be, shall designate |
| |||||||
| |||||||
1 | special judges of
election for the purpose of tallying and | ||||||
2 | canvassing the votes cast for
and against the propositions for | ||||||
3 | the retention of judges in office in
such places and at such | ||||||
4 | times as the County Clerk or Board of Election
Commissioners | ||||||
5 | determine. Special judges of election shall be designated
from | ||||||
6 | certified lists submitted by the respective chairmen of the | ||||||
7 | county
central committees of the two leading political parties. | ||||||
8 | In the event
that the County Clerk or Board of Election | ||||||
9 | Commissioners as the case may
be, decides that the counting of | ||||||
10 | the retention ballots shall be
performed in the precinct where | ||||||
11 | such ballots are cast, 2 special judges
of election shall be | ||||||
12 | designated to tally and canvass the vote of each
precinct with | ||||||
13 | one being named from each of the 2 leading political
parties.
| ||||||
14 | In the event that the County Clerk or Board of Election | ||||||
15 | Commissioners
decides that the judicial retention ballots from | ||||||
16 | several precincts shall
be tallied and canvassed in a central | ||||||
17 | or common location, then each
major political party shall be | ||||||
18 | entitled to an equal number of special
election judges in each | ||||||
19 | such central or common location. The County
Clerk or Board of | ||||||
20 | Election Commissioners, as the case may be, shall
inform, no | ||||||
21 | later than 75 days prior to such election, the respective
| ||||||
22 | chairmen of the county central committees of the location or | ||||||
23 | locations
where the counting of retention ballots will be done, | ||||||
24 | the number of names
to be included on the certified lists, and | ||||||
25 | the number of special
election judges to be selected from those | ||||||
26 | lists. If the certified list
for either party is not submitted |
| |||||||
| |||||||
1 | within thirty days after the chairmen
have been so informed, | ||||||
2 | the County Clerk or Board of Election
Commissioners shall | ||||||
3 | designate special judges of election for that party
in whatever | ||||||
4 | manner it determines.
| ||||||
5 | The County Clerk or Board of Election Commissioners shall | ||||||
6 | apply to
the Circuit Court for the confirmation of the special | ||||||
7 | judges of election
designated under this Section. The court | ||||||
8 | shall confirm or refuse to
confirm such designations as the | ||||||
9 | interest of the public may require.
Those confirmed shall be | ||||||
10 | officers of the court and subject to its
disciplinary powers.
| ||||||
11 | The County Clerk or Board of Election Commissioners shall, | ||||||
12 | in the
exercise of sound discretion, prescribe the forms, | ||||||
13 | materials and
supplies together with the procedures for | ||||||
14 | completion and return thereof
for use in such election by | ||||||
15 | special judges of election. The special
judges of election | ||||||
16 | designated under this Section shall have full
responsibility | ||||||
17 | and authority for tallying and canvassing the votes
pertaining | ||||||
18 | to the retention of judges and the return of ballots and
| ||||||
19 | supplies.
| ||||||
20 | If the County Clerk or Board of Election Commissioners | ||||||
21 | decides that
the counting of the retention ballots shall be | ||||||
22 | performed in the precinct
where such ballots were cast, at | ||||||
23 | least 2 ballot boxes shall be provided
for paper retention | ||||||
24 | ballots, one of which shall be used from the opening
of the | ||||||
25 | polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and | ||||||
26 | the
second of which shall be used from 9:00 a.m. until 12:00 |
| |||||||
| |||||||
1 | noon and from
3:00 p.m. until the closing of the polls; | ||||||
2 | provided that if additional
ballot boxes are provided, the | ||||||
3 | additional boxes shall be used instead of
reusing boxes used | ||||||
4 | earlier. At the close of each such period of use, a
ballot box | ||||||
5 | used for retention ballots shall be immediately unsealed and
| ||||||
6 | opened and the ballots therein counted and tallied by the | ||||||
7 | special judges
of election. After counting and tallying the | ||||||
8 | retention ballots, the
special judges of election shall place | ||||||
9 | the counted ballots in a
container provided for that purpose by | ||||||
10 | the County Clerk or Board of
Election Commissioners and clearly | ||||||
11 | marked with the appropriate printing
and shall thereupon seal | ||||||
12 | such container. One such container shall be
provided for each | ||||||
13 | of the four time periods and clearly designated as the
| ||||||
14 | container for the respective period. The tally shall be | ||||||
15 | recorded on
sheets provided by the County Clerk or Board of | ||||||
16 | Election Commissioners
and designated as tally sheets for the | ||||||
17 | respective time periods. Before a
ballot box may be reused, it | ||||||
18 | shall in the presence of all of the judges
of election be | ||||||
19 | verified to be empty, whereupon it shall be resealed.
After the | ||||||
20 | close of the polls, and after the tally of votes cast by vote | ||||||
21 | by mail and early
absentee voters, the special judges of | ||||||
22 | election shall add together the
tallies of all the ballot boxes | ||||||
23 | used throughout the day, and complete
the canvass of votes for | ||||||
24 | retention of judges in the manner established
by this Act. All | ||||||
25 | of these procedures shall be carried out within the
clear view | ||||||
26 | of the other judges of election. The sealed containers of
used |
| |||||||
| |||||||
1 | retention ballots shall be returned with other voted ballots to | ||||||
2 | the
County Clerk or Board of Election Commissioners in the | ||||||
3 | manner provided
by this Act.
| ||||||
4 | The compensation of a special judge of election may not | ||||||
5 | exceed $30
per judge per precinct or district canvassed.
| ||||||
6 | This Section does not affect any other office or the | ||||||
7 | conduct of any
other election held at the same time as the | ||||||
8 | election for the retention
of judges in office.
| ||||||
9 | (Source: P.A. 81-850; 81-1149.)
| ||||||
10 | (10 ILCS 5/17-19.2) (from Ch. 46, par. 17-19.2)
| ||||||
11 | Sec. 17-19.2.
Where a vacancy in nomination is filled | ||||||
12 | pursuant to
Section 7-61 or Section 10-11, the vote by mail and | ||||||
13 | early absentee votes cast for the original
candidate on the | ||||||
14 | first ballot shall not be counted. For this purpose, in
those | ||||||
15 | jurisdictions where electronic voting systems are used, the
| ||||||
16 | election authority shall determine a method by which the first | ||||||
17 | ballots
containing the name of the original candidate may be | ||||||
18 | segregated from the
revised ballots containing the name of the | ||||||
19 | successor candidate and
separately counted.
| ||||||
20 | Where a vacancy in nomination is not filled pursuant to | ||||||
21 | Section 7-61
or Section 10-11, all votes cast for the original | ||||||
22 | candidate shall be counted
for such candidate.
| ||||||
23 | (Source: P.A. 84-861.)
| ||||||
24 | (10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
|
| |||||||
| |||||||
1 | Sec. 17-21.
When the votes shall have been examined and | ||||||
2 | counted, the judges
shall set down on a sheet or return form to | ||||||
3 | be supplied to them, the name of
every person voted for, | ||||||
4 | written or printed at full length, the office
for which such | ||||||
5 | person received such votes, and the number he did receive
and | ||||||
6 | such additional information as is necessary to complete, as | ||||||
7 | nearly
as circumstances will admit, the following form, to-wit:
| ||||||
8 | TALLY SHEET AND CERTIFICATE OF
| ||||||
9 | RESULTS
| ||||||
10 | We do hereby certify that at the .... election held in the | ||||||
11 | precinct
hereinafter (general or special) specified on (insert | ||||||
12 | date), a total of
.... voters requested and received ballots | ||||||
13 | and we do further certify:
| ||||||
14 | Number of blank ballots delivered to us ....
| ||||||
15 | Number of vote by mail absentee ballots delivered to us | ||||||
16 | ....
| ||||||
17 | Total number of ballots delivered to us ....
| ||||||
18 | Number of blank and spoiled ballots returned.
| ||||||
19 | (1) Total number of ballots cast (in box)....
| ||||||
20 | .... Defective and Objected To ballots sealed in envelope
| ||||||
21 | (2) .... Total number of ballots cast (in box)
| ||||||
22 | Line (2) equals line (1)
| ||||||
23 | We further certify that each of the candidates for | ||||||
24 | representative in
the General Assembly received the number of | ||||||
25 | votes ascribed to him on the
separate tally sheet.
| ||||||
26 | We further certify that each candidate received the number |
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | of votes
set forth opposite his name or in the box containing | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | his name on the
tally sheet contained in the page or pages | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | immediately following our
signatures.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | The undersigned actually served as judges and counted the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | ballots at
the election on the .... day of .... in the .... | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | precinct of the (1)
*township of ...., or (2) *City of ...., or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (3) *.... ward in the city
of .... and the polls were opened at | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | 6:00 A.M. and closed at 7:00 P.M.
Certified by us.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | *Fill in either (1), (2) or (3)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | A B, ....(Address)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | C D, ....(Address)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | E F, ....(Address)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | G H, ....(Address)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | I J, ....(Address)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | Each tally sheet shall be in substantially one of the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | following forms:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | -------------------------------------------------------------
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (Source: P.A. 98-463, eff. 8-16-13.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | Sec. 17-23. Pollwatchers in a general election shall be | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | authorized in
the following manner:
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (1) Each established political party shall be entitled to | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | appoint
two pollwatchers per precinct. Such pollwatchers must | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | be affiliated
with the political party for which they are | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | pollwatching. For all
elections, the pollwatchers must be
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | registered to vote in Illinois.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | (2) Each candidate shall be entitled to appoint two | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
21 | pollwatchers per
precinct. For all elections, the pollwatchers | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
22 | must be
registered to vote
in Illinois.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
23 | (3) Each organization of citizens within the county or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
24 | political
subdivision, which has among its purposes or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
25 | interests the investigation
or prosecution of election frauds, |
| |||||||
| |||||||
1 | and which shall have registered its
name and address and the | ||||||
2 | name and addresses of its principal officers
with the proper | ||||||
3 | election authority at least 40 days before the election,
shall | ||||||
4 | be entitled to appoint one pollwatcher per precinct. For all
| ||||||
5 | elections, the pollwatcher must be registered to vote in
| ||||||
6 | Illinois.
| ||||||
7 | (3.5) Each State nonpartisan civic organization within the | ||||||
8 | county or political subdivision shall be entitled to appoint | ||||||
9 | one pollwatcher per precinct, provided that no more than 2 | ||||||
10 | pollwatchers appointed by State nonpartisan civic | ||||||
11 | organizations shall be present in a precinct polling place at | ||||||
12 | the same time. Each organization shall have registered the | ||||||
13 | names and addresses of its principal officers with the proper | ||||||
14 | election authority at least 40 days before the election. The | ||||||
15 | pollwatchers must be registered to vote in Illinois. For the | ||||||
16 | purpose of this paragraph, a "State nonpartisan civic | ||||||
17 | organization" means any corporation, unincorporated | ||||||
18 | association, or organization that: | ||||||
19 | (i) as part of its written articles of incorporation, | ||||||
20 | bylaws, or charter or by separate written declaration, has | ||||||
21 | among its stated purposes the provision of voter | ||||||
22 | information and education, the protection of individual | ||||||
23 | voters' rights, and the promotion of free and equal | ||||||
24 | elections; | ||||||
25 | (ii) is organized or primarily conducts its activities | ||||||
26 | within the State of Illinois; and |
| |||||||
| |||||||
1 | (iii) continuously maintains an office or business | ||||||
2 | location within the State of Illinois, together with a | ||||||
3 | current listed telephone number (a post office box number | ||||||
4 | without a current listed telephone number is not | ||||||
5 | sufficient).
| ||||||
6 | (4) In any general election held to elect candidates for | ||||||
7 | the offices of
a municipality of less than 3,000,000 population | ||||||
8 | that is situated in 2 or
more counties, a pollwatcher who is a | ||||||
9 | resident of Illinois shall be eligible to serve as a
| ||||||
10 | pollwatcher in any poll located within such
municipality, | ||||||
11 | provided that such pollwatcher otherwise complies with the
| ||||||
12 | respective requirements of subsections (1) through (3) of this | ||||||
13 | Section and
is a registered voter in Illinois.
| ||||||
14 | (5) Each organized group of proponents or opponents of a | ||||||
15 | ballot
proposition, which shall have registered the name and | ||||||
16 | address of its
organization or committee and the name and | ||||||
17 | address of its chairman with the
proper election authority at | ||||||
18 | least 40 days before the election, shall be
entitled to appoint | ||||||
19 | one pollwatcher per precinct. The pollwatcher
must be
| ||||||
20 | registered to vote in Illinois.
| ||||||
21 | All pollwatchers shall be required to have proper | ||||||
22 | credentials. Such
credentials shall be printed in sufficient | ||||||
23 | quantities, shall be issued
by and under the facsimile | ||||||
24 | signature(s) of the election authority or the State Board of | ||||||
25 | Elections and
shall be available for distribution by the | ||||||
26 | election authority and State Board of Elections at least 2 |
| |||||||
| |||||||
1 | weeks prior to the
election. Such credentials shall be | ||||||
2 | authorized by the real or facsimile
signature of the State or | ||||||
3 | local party official or the candidate or the
presiding officer | ||||||
4 | of the civic organization or the chairman of the
proponent or | ||||||
5 | opponent group, as the case may be. Neither the election | ||||||
6 | authority nor the State Board of Elections may require any such | ||||||
7 | party official or the candidate or the presiding officer of the | ||||||
8 | civic organization or the chairman of the proponent or opponent | ||||||
9 | group to submit the names or other information concerning | ||||||
10 | pollwatchers before making credentials available to such | ||||||
11 | persons or organizations.
| ||||||
12 | Pollwatcher credentials shall be in substantially the | ||||||
13 | following form:
| ||||||
14 | POLLWATCHER CREDENTIALS
| ||||||
15 | TO THE JUDGES OF ELECTION:
| ||||||
16 | In accordance with the provisions of the Election
Code, the | ||||||
17 | undersigned hereby appoints .......... (name of pollwatcher)
| ||||||
18 | who resides at ........... (address) in the county
of | ||||||
19 | ..........., .......... (township or municipality)
of | ||||||
20 | ........... (name), State of Illinois and who is duly | ||||||
21 | registered
to vote from this address, to act as a pollwatcher | ||||||
22 | in the
........... precinct of the ........... ward (if | ||||||
23 | applicable)
of the ........... (township or municipality) of | ||||||
24 | ........... at the
........... election to be held on (insert | ||||||
25 | date).
|
| |||||||
| |||||||
1 | ........................ (Signature of Appointing Authority)
| ||||||
2 | ......................... TITLE (party official, candidate,
| ||||||
3 | civic organization president,
| ||||||
4 | proponent or opponent group chairman)
| ||||||
5 | Under penalties provided by law pursuant to Section 29-10 | ||||||
6 | of the
Election Code, the undersigned pollwatcher certifies | ||||||
7 | that he or she resides
at ................ (address) in the | ||||||
8 | county of ............, .........
(township or municipality) | ||||||
9 | of ........... (name), State of Illinois, and is
duly | ||||||
10 | registered to vote in Illinois.
| ||||||
11 | .......................... .......................
| ||||||
12 | (Precinct and/or Ward in (Signature of Pollwatcher)
| ||||||
13 | Which Pollwatcher Resides)
| ||||||
14 | Pollwatchers must present their credentials to the Judges | ||||||
15 | of Election
upon entering the polling place. Pollwatcher | ||||||
16 | credentials properly
executed and signed shall be proof of the | ||||||
17 | qualifications of the
pollwatcher authorized thereby. Such | ||||||
18 | credentials are retained by the
Judges and returned to the | ||||||
19 | Election Authority at the end of the day of
election with the | ||||||
20 | other election materials. Once a pollwatcher has
surrendered a | ||||||
21 | valid credential, he may leave and reenter the polling place
| ||||||
22 | provided that such continuing action does not disrupt the | ||||||
23 | conduct of the
election. Pollwatchers may be substituted during | ||||||
24 | the course of the day, but
established political parties, |
| |||||||
| |||||||
1 | candidates and qualified civic organizations
can have only as | ||||||
2 | many pollwatchers at any given time as are authorized in
this | ||||||
3 | Article. A substitute must present his signed credential to the
| ||||||
4 | judges of election upon entering the polling place. Election | ||||||
5 | authorities
must provide a sufficient number of credentials to | ||||||
6 | allow for substitution
of pollwatchers. After the polls have | ||||||
7 | closed pollwatchers shall be allowed
to remain until the | ||||||
8 | canvass of votes is completed; but may leave and
reenter only | ||||||
9 | in cases of necessity, provided that such action is not so
| ||||||
10 | continuous as to disrupt the canvass of votes.
| ||||||
11 | Candidates seeking office in a district or municipality | ||||||
12 | encompassing 2
or more counties shall be admitted to any and | ||||||
13 | all polling places throughout
such district or municipality | ||||||
14 | without regard to the counties in which such
candidates are | ||||||
15 | registered to vote. Actions of such candidates shall be
| ||||||
16 | governed in each polling place by the same privileges and | ||||||
17 | limitations that
apply to pollwatchers as provided in this | ||||||
18 | Section. Any such candidate who
engages in an activity in a | ||||||
19 | polling place which could reasonably be
construed by a majority | ||||||
20 | of the judges of election as campaign activity
shall be removed | ||||||
21 | forthwith from such polling place.
| ||||||
22 | Candidates seeking office in a district or municipality | ||||||
23 | encompassing 2 or
more counties who desire to be admitted to | ||||||
24 | polling places on election day
in such district or municipality | ||||||
25 | shall be required to have proper
credentials. Such credentials | ||||||
26 | shall be printed in sufficient quantities,
shall be issued by |
| |||||||
| |||||||
1 | and under the facsimile signature of the State Board of | ||||||
2 | Elections or the
election authority of the election | ||||||
3 | jurisdiction where the polling place in
which the candidate | ||||||
4 | seeks admittance is located, and shall be available for
| ||||||
5 | distribution at least 2 weeks prior to the election. Such | ||||||
6 | credentials shall
be signed by the candidate.
| ||||||
7 | Candidate credentials shall be in substantially the | ||||||
8 | following form:
| ||||||
9 | CANDIDATE CREDENTIALS
| ||||||
10 | TO THE JUDGES OF ELECTION:
| ||||||
11 | In accordance with the provisions of the Election Code, I | ||||||
12 | ...... (name of
candidate) hereby certify that I am a candidate | ||||||
13 | for ....... (name of
office) and seek admittance to ....... | ||||||
14 | precinct of the ....... ward (if
applicable) of the ....... | ||||||
15 | (township or municipality) of ....... at the
....... election | ||||||
16 | to be held on (insert date).
| ||||||
17 | ......................... .......................
| ||||||
18 | (Signature of Candidate) OFFICE FOR WHICH
| ||||||
19 | CANDIDATE SEEKS
| ||||||
20 | NOMINATION OR
| ||||||
21 | ELECTION
| ||||||
22 | Pollwatchers shall be permitted to observe all proceedings | ||||||
23 | and view all reasonably requested records relating
to the | ||||||
24 | conduct of the election, provided the secrecy of the ballot is |
| |||||||
| |||||||
1 | not impinged, and to station themselves in a position
in the | ||||||
2 | voting room as will enable them to observe the judges making | ||||||
3 | the
signature comparison between the voter application and the | ||||||
4 | voter
registration record card; provided, however, that such | ||||||
5 | pollwatchers
shall not be permitted to station themselves in | ||||||
6 | such close proximity to
the judges of election so as to | ||||||
7 | interfere with the orderly conduct of
the election and shall | ||||||
8 | not, in any event, be permitted to handle
election materials. | ||||||
9 | Pollwatchers may challenge for cause the voting
qualifications | ||||||
10 | of a person offering to vote and may call to the
attention of | ||||||
11 | the judges of election any incorrect procedure or apparent
| ||||||
12 | violations of this Code.
| ||||||
13 | If a majority of the judges of election determine that the | ||||||
14 | polling
place has become too overcrowded with pollwatchers so | ||||||
15 | as to interfere
with the orderly conduct of the election, the | ||||||
16 | judges shall, by lot,
limit such pollwatchers to a reasonable | ||||||
17 | number, except that each
established or new political party | ||||||
18 | shall be permitted to have at least
one pollwatcher present.
| ||||||
19 | Representatives of an election authority, with regard to an | ||||||
20 | election
under its jurisdiction, the State Board of Elections, | ||||||
21 | and law
enforcement agencies, including but not limited to a | ||||||
22 | United States
Attorney, a State's attorney, the Attorney | ||||||
23 | General, and a State, county,
or local police department, in | ||||||
24 | the performance of their official
election duties, shall be | ||||||
25 | permitted at all times to enter and remain in
the polling | ||||||
26 | place. Upon entering the polling place, such
representatives |
| |||||||
| |||||||
1 | shall display their official credentials or other
| ||||||
2 | identification to the judges of election.
| ||||||
3 | Uniformed police officers assigned to polling place duty | ||||||
4 | shall follow
all lawful instructions of the judges of election.
| ||||||
5 | The provisions of this Section shall also apply to | ||||||
6 | supervised casting of vote by mail
absentee ballots as provided | ||||||
7 | in Section 19-12.2 of this Act.
| ||||||
8 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
9 | (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
| ||||||
10 | Sec. 17-29. (a) No judge of election, pollwatcher, or other | ||||||
11 | person shall,
at any primary or election, do any electioneering | ||||||
12 | or soliciting of votes
or engage in any political discussion | ||||||
13 | within any polling place, within
100 feet of any polling place, | ||||||
14 | or, at the option of a church or private school, on any of the | ||||||
15 | property of that church or private school that is a polling | ||||||
16 | place; no person shall interrupt, hinder or
oppose any voter | ||||||
17 | while approaching within those areas
for the purpose of voting. | ||||||
18 | Judges of election shall enforce the
provisions of this | ||||||
19 | Section.
| ||||||
20 | (b) Election officers shall place 2 or more cones, small | ||||||
21 | United States
national flags, or some other marker a distance | ||||||
22 | of 100 horizontal feet from
each entrance to the room used by | ||||||
23 | voters to engage in voting, which shall be
known as the polling | ||||||
24 | room. If
the polling room is located within a building
that is | ||||||
25 | a private business, a public or private school, or a church or |
| |||||||
| |||||||
1 | other organization founded
for the purpose of religious worship | ||||||
2 | and the
distance of 100 horizontal feet ends within the | ||||||
3 | interior of the
building, then the markers shall be placed | ||||||
4 | outside of the
building at each entrance used by voters to | ||||||
5 | enter that
building on the grounds adjacent to the thoroughfare | ||||||
6 | or walkway. If the polling
room is located within a public or | ||||||
7 | private building with 2 or more floors and
the polling room is | ||||||
8 | located on the ground floor, then the markers shall be
placed | ||||||
9 | 100 horizontal feet from each entrance to the polling room used | ||||||
10 | by
voters to engage in voting. If the polling room is located | ||||||
11 | in a public or
private building with 2 or more floors and the | ||||||
12 | polling room is located on a
floor above or below the ground | ||||||
13 | floor,
then the markers shall be placed a distance of 100 feet | ||||||
14 | from the nearest
elevator or staircase used by voters on the | ||||||
15 | ground floor to access the floor
where the polling room is | ||||||
16 | located. The area within where the markers are placed
shall be | ||||||
17 | known as a campaign free zone, and electioneering is prohibited
| ||||||
18 | pursuant to this subsection. Notwithstanding any other | ||||||
19 | provision of this Section, a church or private school may | ||||||
20 | choose to apply the campaign free zone to its entire property, | ||||||
21 | and, if so, the markers shall be placed near the boundaries on | ||||||
22 | the grounds adjacent to the thoroughfares or walkways leading | ||||||
23 | to the entrances used by the voters.
If an election authority | ||||||
24 | maintains a website, 72 hours before the polls open on election | ||||||
25 | day, the election authority shall post the names and addresses | ||||||
26 | of each church or private school that has chosen to apply a |
| |||||||
| |||||||
1 | campaign free zone to its entire property. If an election | ||||||
2 | authority does not maintain a website, it shall make the same | ||||||
3 | information available by request 72 hours before the polls open | ||||||
4 | on election day.
| ||||||
5 | The area on polling place property beyond the campaign free | ||||||
6 | zone, whether
publicly or privately owned, is a public forum | ||||||
7 | for the time that the polls are
open on an election day. At the | ||||||
8 | request of election officers any publicly owned
building must | ||||||
9 | be made available for use as a polling place. A person shall | ||||||
10 | have
the right to congregate and engage in electioneering on | ||||||
11 | any polling place
property while the polls are open beyond the | ||||||
12 | campaign free zone, including but
not limited to, the placement | ||||||
13 | of temporary signs.
This subsection shall be construed | ||||||
14 | liberally in favor of persons engaging in
electioneering
on all | ||||||
15 | polling place property beyond the campaign free zone for the | ||||||
16 | time that
the polls are
open on an election day. At or near the | ||||||
17 | door of each polling place, the election judges shall place | ||||||
18 | signage indicating the proper entrance to the polling place. In | ||||||
19 | addition, the election judges shall ensure that a sign | ||||||
20 | identifying the location of the polling place is placed on a | ||||||
21 | nearby public roadway. The State Board of Elections shall | ||||||
22 | establish guidelines for the placement of polling place | ||||||
23 | signage.
| ||||||
24 | (c) The regulation of electioneering on polling place | ||||||
25 | property on an
election
day, including but not limited to the | ||||||
26 | placement of temporary signs, is an
exclusive power and |
| |||||||
| |||||||
1 | function of the State. A home rule unit may not regulate
| ||||||
2 | electioneering and any ordinance or local law contrary to | ||||||
3 | subsection (c) is
declared void. This is a denial and | ||||||
4 | limitation of home rule powers and
functions under subsection | ||||||
5 | (h) of Section 6 of Article VII of the Illinois
Constitution.
| ||||||
6 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
7 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| ||||||
8 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
9 | found upon
the register of voters by the person having charge | ||||||
10 | thereof, shall then
be questioned by one of the judges as to | ||||||
11 | his nativity, his term of
residence at present address, | ||||||
12 | precinct, State and United States, his
age, whether naturalized | ||||||
13 | and if so the date of naturalization papers and
court from | ||||||
14 | which secured, and he shall be asked to state his residence
| ||||||
15 | when last previously registered and the date of the election | ||||||
16 | for which
he then registered. The judges of elections shall | ||||||
17 | check each application
for ballot against the list of voters | ||||||
18 | registered in that precinct to whom
grace period, vote by mail | ||||||
19 | absentee , and early ballots have been issued for that election, | ||||||
20 | which shall
be provided
by the election authority and which | ||||||
21 | list shall be available for inspection
by pollwatchers. A voter | ||||||
22 | applying to vote in
the precinct on
election day whose name | ||||||
23 | appears on the list as having been issued a grace period, vote | ||||||
24 | by mail absentee ,
or early ballot shall not be permitted to | ||||||
25 | vote in the precinct, except that a voter to whom a vote by |
| |||||||
| |||||||
1 | mail an absentee ballot was issued may vote in the precinct if | ||||||
2 | the voter submits to the election judges that vote by mail | ||||||
3 | absentee ballot for cancellation. If the voter is unable to | ||||||
4 | submit the vote by mail absentee ballot, it shall be sufficient | ||||||
5 | for the voter to submit to the election judges (i) a portion of | ||||||
6 | the vote by mail absentee ballot if the vote by mail absentee | ||||||
7 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
8 | before the election judges specifying that (A) the voter never | ||||||
9 | received a vote by mail an absentee ballot or (B) the voter | ||||||
10 | completed and returned a vote by mail an absentee ballot and | ||||||
11 | was informed that the election authority did not receive that | ||||||
12 | vote by mail absentee ballot.
If such person
so registered | ||||||
13 | shall be challenged as disqualified, the party challenging
| ||||||
14 | shall assign his reasons therefor, and thereupon one of the | ||||||
15 | judges shall
administer to him an oath to answer questions, and | ||||||
16 | if he shall take the
oath he shall then be questioned by the | ||||||
17 | judge or judges touching such cause
of challenge, and touching | ||||||
18 | any other cause of disqualification. And he may
also be | ||||||
19 | questioned by the person challenging him in regard to his
| ||||||
20 | qualifications and identity. But if a majority of the judges | ||||||
21 | are of the
opinion that he is the person so registered and a | ||||||
22 | qualified voter, his vote
shall then be received accordingly. | ||||||
23 | But if his vote be rejected by such
judges, such person may | ||||||
24 | afterward produce and deliver an affidavit to such
judges, | ||||||
25 | subscribed and sworn to by him before one of the judges, in | ||||||
26 | which
it shall be stated how long he has resided in such |
| |||||||
| |||||||
1 | precinct, and state;
that he is a citizen of the United States, | ||||||
2 | and is a duly qualified voter in
such precinct, and that he is | ||||||
3 | the identical person so registered.
In addition to such an | ||||||
4 | affidavit, the person so challenged shall provide
to the judges | ||||||
5 | of election proof of residence by producing 2 forms of
| ||||||
6 | identification showing the person's current residence address, | ||||||
7 | provided
that such identification may include a lease or | ||||||
8 | contract for a residence and not more than one piece of mail | ||||||
9 | addressed to the person at his current residence address and
| ||||||
10 | postmarked not earlier than 30 days prior to the date of the
| ||||||
11 | election, or the person shall procure a witness personally | ||||||
12 | known to the
judges of election, and resident in the precinct | ||||||
13 | (or district), or who
shall be proved by some legal voter of | ||||||
14 | such precinct or district, known to
the judges to be such, who | ||||||
15 | shall take the oath following, viz:
| ||||||
16 | I do solemnly swear (or affirm) that I am a resident of | ||||||
17 | this election
precinct (or district), and entitled to vote at | ||||||
18 | this election, and that I
have been a resident of this State | ||||||
19 | for 30 days last past, and am well
acquainted with the person | ||||||
20 | whose vote is now offered; that he is an actual
and bona fide | ||||||
21 | resident of this election precinct (or district), and has
| ||||||
22 | resided herein 30 days, and as I verily believe, in this State, | ||||||
23 | 30 days
next preceding this election.
| ||||||
24 | The oath in each case may be administered by one of the | ||||||
25 | judges of
election, or by any officer, resident in the precinct | ||||||
26 | or district,
authorized by law to administer oaths. Also |
| |||||||
| |||||||
1 | supported by an affidavit by a
registered voter residing in | ||||||
2 | such precinct, stating his own residence, and
that he knows | ||||||
3 | such person; and that he does reside at the place mentioned
and | ||||||
4 | has resided in such precinct and state for the length of time | ||||||
5 | as stated
by such person, which shall be subscribed and sworn | ||||||
6 | to in the same way.
For purposes of this Section, the | ||||||
7 | submission of a photo identification issued by a college or | ||||||
8 | university, accompanied by either (i) a copy of the applicant's | ||||||
9 | contract or lease for a residence or (ii) one piece of mail | ||||||
10 | addressed to the person at his or her current residence address | ||||||
11 | and postmarked not earlier than 30 days prior to the date of | ||||||
12 | the election, shall be sufficient to establish proof of | ||||||
13 | residence. Whereupon the vote of such person shall be received, | ||||||
14 | and entered as other
votes. But such judges, having charge of | ||||||
15 | such registers, shall state in
their respective books the facts | ||||||
16 | in such case, and the affidavits, so
delivered to the judges, | ||||||
17 | shall be preserved and returned to the office of
the | ||||||
18 | commissioners of election. Blank affidavits of the character | ||||||
19 | aforesaid
shall be sent out to the judges of all the precincts, | ||||||
20 | and the judges of
election shall furnish the same on demand and | ||||||
21 | administer the oaths without
criticism. Such oaths, if | ||||||
22 | administered by any other officer than such judge
of election, | ||||||
23 | shall not be received. Whenever a proposal for a
constitutional | ||||||
24 | amendment or for the calling of a constitutional convention
is | ||||||
25 | to be voted upon at the election, the separate blue ballot or | ||||||
26 | ballots
pertaining thereto shall be placed on top of the other |
| |||||||
| |||||||
1 | ballots to be voted
at the election in such manner that the | ||||||
2 | legend appearing on the back
thereof, as prescribed in Section | ||||||
3 | 16-6 of this Act, shall be plainly
visible to the voter, and in | ||||||
4 | this fashion the ballots shall be handed to
the voter by the | ||||||
5 | judge.
| ||||||
6 | Immediately after voting, the voter shall be instructed | ||||||
7 | whether the voting equipment, if used, accepted or rejected the | ||||||
8 | ballot or identified the ballot as under-voted. A voter whose | ||||||
9 | ballot is identified as under-voted for a statewide | ||||||
10 | constitutional office may return to the voting booth and | ||||||
11 | complete the voting of that ballot. A voter whose ballot is not | ||||||
12 | accepted by the voting equipment may, upon surrendering the | ||||||
13 | ballot, request and vote another ballot. The voter's | ||||||
14 | surrendered ballot shall be initialed by the election judge and | ||||||
15 | handled as provided in the appropriate Article governing that | ||||||
16 | voting equipment. | ||||||
17 | The voter shall, upon quitting the voting booth, deliver to | ||||||
18 | one of
the judges of election all of the ballots, properly | ||||||
19 | folded, which he
received. The judge of election to whom the | ||||||
20 | voter delivers his ballots
shall not accept the same unless all | ||||||
21 | of the ballots given to the voter
are returned by him. If a | ||||||
22 | voter delivers less than all of the ballots
given to him, the | ||||||
23 | judge to whom the same are offered shall advise him in
a voice | ||||||
24 | clearly audible to the other judges of election that the voter
| ||||||
25 | must return the remainder of the ballots. The statement of the | ||||||
26 | judge to
the voter shall clearly express the fact that the |
| |||||||
| |||||||
1 | voter is not required
to vote such remaining ballots but that | ||||||
2 | whether or not he votes them he
must fold and deliver them to | ||||||
3 | the judge. In making such statement the
judge of election shall | ||||||
4 | not indicate by word, gesture or intonation of
voice that the | ||||||
5 | unreturned ballots shall be voted in any particular
manner. No | ||||||
6 | new voter shall be permitted to enter the voting booth of a
| ||||||
7 | voter who has failed to deliver the total number of ballots | ||||||
8 | received by
him until such voter has returned to the voting | ||||||
9 | booth pursuant to the
judge's request and again quit the booth | ||||||
10 | with all of the ballots
required to be returned by him. Upon | ||||||
11 | receipt of all such ballots the
judges of election shall enter | ||||||
12 | the name of the voter, and his number, as
above provided in | ||||||
13 | this Section, and the judge to whom the ballots are
delivered | ||||||
14 | shall immediately put the ballots into the ballot box. If any
| ||||||
15 | voter who has failed to deliver all the ballots received by him | ||||||
16 | refuses
to return to the voting booth after being advised by | ||||||
17 | the judge of
election as herein provided, the judge shall | ||||||
18 | inform the other judges of
such refusal, and thereupon the | ||||||
19 | ballot or ballots returned to the judge
shall be deposited in | ||||||
20 | the ballot box, the voter shall be permitted to
depart from the | ||||||
21 | polling place, and a new voter shall be permitted to
enter the | ||||||
22 | voting booth.
| ||||||
23 | The judge of election who receives the ballot or ballots | ||||||
24 | from the
voter shall announce the residence and name of such | ||||||
25 | voter in a loud
voice. The judge shall put the ballot or | ||||||
26 | ballots received from the voter
into the ballot box in the |
| |||||||
| |||||||
1 | presence of the voter and the judges of
election, and in plain | ||||||
2 | view of the public. The judges having charge of
such registers | ||||||
3 | shall then, in a column prepared thereon, in the same
line of, | ||||||
4 | the name of the voter, mark "Voted" or the letter "V".
| ||||||
5 | No judge of election shall accept from any voter less than | ||||||
6 | the full
number of ballots received by such voter without first | ||||||
7 | advising the
voter in the manner above provided of the | ||||||
8 | necessity of returning all of
the ballots, nor shall any such | ||||||
9 | judge advise such voter in a manner
contrary to that which is | ||||||
10 | herein permitted, or in any other manner
violate the provisions | ||||||
11 | of this Section; provided, that the acceptance by
a judge of | ||||||
12 | election of less than the full number of ballots delivered to
a | ||||||
13 | voter who refuses to return to the voting booth after being | ||||||
14 | properly
advised by such judge shall not be a violation of this | ||||||
15 | Section.
| ||||||
16 | (Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
| ||||||
17 | (10 ILCS 5/18-9.2) (from Ch. 46, par. 18-9.2)
| ||||||
18 | Sec. 18-9.2.
Where a vacancy in nomination is filled | ||||||
19 | pursuant
to Section 7-61 or Section 10-11, the vote by mail and | ||||||
20 | early absentee votes cast for the
original candidate on the | ||||||
21 | first ballot shall not be counted.
For this purpose, in those | ||||||
22 | jurisdictions
where electronic voting systems are used, the | ||||||
23 | election authority
shall determine a method by which the first | ||||||
24 | ballots containing
the name of the original candidate may be | ||||||
25 | segregated from the
revised ballots containing the name of the |
| |||||||
| |||||||
1 | successor candidate
and separately counted.
| ||||||
2 | Where a vacancy in nomination is not filled pursuant to | ||||||
3 | Section
7-61 or Section 10-11, all votes cast for the original | ||||||
4 | candidate
shall be counted for such candidate.
| ||||||
5 | (Source: P.A. 84-861.)
| ||||||
6 | (10 ILCS 5/18A-5)
| ||||||
7 | Sec. 18A-5. Provisional voting; general provisions.
| ||||||
8 | (a) A person who claims to be a registered voter is | ||||||
9 | entitled to cast a
provisional ballot under the following | ||||||
10 | circumstances:
| ||||||
11 | (1) The person's name does not appear on the official | ||||||
12 | list of eligible
voters for the precinct in which
the | ||||||
13 | person seeks to vote. The official list is the centralized | ||||||
14 | statewide voter registration list established and | ||||||
15 | maintained in accordance with Section 1A-25;
| ||||||
16 | (2) The person's voting status has been challenged by | ||||||
17 | an election judge, a
pollwatcher, or any legal voter and | ||||||
18 | that challenge has been sustained by a
majority of the | ||||||
19 | election judges;
| ||||||
20 | (3) A federal or State court order extends the time for | ||||||
21 | closing the polls
beyond the time period established by | ||||||
22 | State law and the person votes during the
extended time | ||||||
23 | period;
| ||||||
24 | (4) The voter registered to vote by mail and is | ||||||
25 | required by law to
present identification when voting |
| |||||||
| |||||||
1 | either in person or by early voting absentee ballot, but
| ||||||
2 | fails to do so;
| ||||||
3 | (5) The voter's name appears on the list of voters who | ||||||
4 | voted during the early voting period, but the voter claims | ||||||
5 | not to have voted during the early voting period; or | ||||||
6 | (6) The voter received a vote by mail an absentee | ||||||
7 | ballot but did not return the vote by mail absentee ballot | ||||||
8 | to the election authority; or | ||||||
9 | (7) The voter registered to vote during the grace | ||||||
10 | period on the day before election day or on election day | ||||||
11 | during the 2014 general election . | ||||||
12 | (b) The procedure for obtaining and casting a provisional | ||||||
13 | ballot at the
polling place
shall be as follows:
| ||||||
14 | (1) After first verifying through an examination of the | ||||||
15 | precinct register that the person's address is within the | ||||||
16 | precinct boundaries, an election judge at the polling place | ||||||
17 | shall notify a person who is
entitled to cast a provisional | ||||||
18 | ballot pursuant to subsection (a)
that he or she may cast a | ||||||
19 | provisional ballot in that election.
An election judge
must | ||||||
20 | accept any information provided by a person who casts a | ||||||
21 | provisional ballot
that the person believes supports his or | ||||||
22 | her claim that he or she is a duly
registered voter and | ||||||
23 | qualified to vote in the election. However, if the person's | ||||||
24 | residence address is outside the precinct boundaries, the | ||||||
25 | election judge shall inform the person of that fact, give | ||||||
26 | the person the appropriate telephone number of the election |
| |||||||
| |||||||
1 | authority in order to locate the polling place assigned to | ||||||
2 | serve that address, and instruct the person to go to the | ||||||
3 | proper polling place to vote.
| ||||||
4 | (2) The person shall execute a written form provided by | ||||||
5 | the
election judge that shall state or contain all of the | ||||||
6 | following that is available:
| ||||||
7 |
(i) an affidavit stating the following:
| ||||||
8 | State of Illinois, County of ................, | ||||||
9 | Township
.............,
Precinct ........, Ward | ||||||
10 | ........, I, ......................., do solemnly
| ||||||
11 | swear (or affirm) that: I am a citizen of the | ||||||
12 | United States; I am 18 years of
age or older; I | ||||||
13 | have resided in this State and in this precinct for | ||||||
14 | 30 days
preceding this election; I have not voted | ||||||
15 | in this election; I am a duly
registered voter in | ||||||
16 | every respect; and I am eligible to vote in this | ||||||
17 | election.
Signature ...... Printed Name of Voter | ||||||
18 | ....... Printed Residence
Address of Voter ...... | ||||||
19 | City
...... State .... Zip Code ..... Telephone | ||||||
20 | Number ...... Date of Birth .......
and Illinois | ||||||
21 | Driver's License Number ....... or Last 4 digits of | ||||||
22 | Social
Security
Number ...... or State | ||||||
23 | Identification Card
Number issued to you by the | ||||||
24 | Illinois Secretary of State........
| ||||||
25 | (ii) A box for the election judge to check one of | ||||||
26 | the 6 reasons why the
person was given a provisional |
| |||||||
| |||||||
1 | ballot under subsection (a) of Section 18A-5.
| ||||||
2 | (iii) An area for the election judge to affix his | ||||||
3 | or her signature and to
set forth any facts that | ||||||
4 | support or oppose the allegation that the person is
not | ||||||
5 | qualified to vote in the precinct in which the person | ||||||
6 | is seeking to vote.
| ||||||
7 | The written affidavit form described in this | ||||||
8 | subsection (b)(2) must be
printed on a multi-part form | ||||||
9 | prescribed by the county clerk or board of
election | ||||||
10 | commissioners, as the case may be.
| ||||||
11 | (3) After the person executes the portion of the | ||||||
12 | written affidavit described
in subsection (b)(2)(i) of | ||||||
13 | this Section, the election judge shall complete the
portion | ||||||
14 | of the written affidavit described in subsection | ||||||
15 | (b)(2)(iii) and
(b)(2)(iv).
| ||||||
16 | (4) The election judge shall give a copy of the | ||||||
17 | completed written affidavit
to the person. The election | ||||||
18 | judge shall place the original written affidavit in
a | ||||||
19 | self-adhesive clear plastic packing list envelope that | ||||||
20 | must be attached to a
separate envelope marked as a | ||||||
21 | "provisional ballot envelope". The election judge
shall | ||||||
22 | also place any information provided by the person who casts | ||||||
23 | a provisional
ballot in the clear plastic packing list | ||||||
24 | envelope. Each county clerk or board
of election | ||||||
25 | commissioners, as the case may be,
must design, obtain or | ||||||
26 | procure self-adhesive clear plastic packing list
envelopes |
| |||||||
| |||||||
1 | and provisional ballot envelopes that are suitable for | ||||||
2 | implementing
this subsection (b)(4) of this Section.
| ||||||
3 | (5) The election judge shall provide the person with a | ||||||
4 | provisional ballot,
written instructions for casting a | ||||||
5 | provisional ballot, and the provisional
ballot envelope | ||||||
6 | with the clear plastic packing list envelope affixed to it,
| ||||||
7 | which contains the person's original written affidavit | ||||||
8 | and, if any, information
provided by the provisional voter | ||||||
9 | to support his or her claim that he or she is
a duly | ||||||
10 | registered voter. An election judge must also give the | ||||||
11 | person written
information that states that any person who | ||||||
12 | casts a provisional ballot shall be
able to ascertain, | ||||||
13 | pursuant to guidelines established by the State Board of
| ||||||
14 | Elections, whether the provisional vote was counted in the | ||||||
15 | official canvass of
votes for that election and, if the | ||||||
16 | provisional vote was not counted, the
reason that the vote | ||||||
17 | was not counted.
| ||||||
18 | (6) After the person has completed marking his or her | ||||||
19 | provisional ballot, he
or she shall place the marked ballot | ||||||
20 | inside of the provisional ballot envelope,
close and seal | ||||||
21 | the envelope, and return the envelope to an election judge, | ||||||
22 | who
shall then deposit the sealed provisional ballot | ||||||
23 | envelope into a securable
container separately identified | ||||||
24 | and utilized for containing sealed provisional
ballot | ||||||
25 | envelopes. Ballots that are provisional because they are | ||||||
26 | cast after 7:00 p.m. by court
order shall be kept separate |
| |||||||
| |||||||
1 | from other provisional ballots. Upon the closing of the | ||||||
2 | polls, the securable container shall
be
sealed with | ||||||
3 | filament tape provided for that purpose, which shall be | ||||||
4 | wrapped
around the box lengthwise and crosswise, at least | ||||||
5 | twice each way, and each of
the election judges shall sign | ||||||
6 | the seal.
| ||||||
7 | (c) Instead of the affidavit form described in subsection | ||||||
8 | (b), the county
clerk or board of election commissioners, as | ||||||
9 | the case may be, may design and
use a multi-part affidavit form | ||||||
10 | that is imprinted upon or attached to the
provisional ballot | ||||||
11 | envelope described in subsection (b). If a county clerk or
| ||||||
12 | board of election commissioners elects to design and use its | ||||||
13 | own multi-part
affidavit form, then the county clerk or board | ||||||
14 | of election commissioners shall
establish a mechanism for | ||||||
15 | accepting any information the provisional voter has
supplied to | ||||||
16 | the election judge to support his or her claim that he or she | ||||||
17 | is a
duly registered voter. In all other respects, a county | ||||||
18 | clerk or board of
election commissioners shall establish | ||||||
19 | procedures consistent with subsection
(b).
| ||||||
20 | (d) The county clerk or board of election commissioners, as | ||||||
21 | the case may be,
shall use the completed affidavit form | ||||||
22 | described in subsection (b) to update
the person's voter | ||||||
23 | registration information in the State voter registration
| ||||||
24 | database and voter registration database of the county clerk or | ||||||
25 | board of
election commissioners, as the case may be. If a | ||||||
26 | person is later determined not
to be a registered voter based |
| |||||||
| |||||||
1 | on Section 18A-15 of this Code, then the
affidavit shall be | ||||||
2 | processed by the county clerk or board of election
| ||||||
3 | commissioners, as the case may be, as a voter registration | ||||||
4 | application.
| ||||||
5 | (Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14.)
| ||||||
6 | (10 ILCS 5/18A-15)
| ||||||
7 | Sec. 18A-15. Validating and counting provisional ballots.
| ||||||
8 | (a) The county clerk or board of election commissioners | ||||||
9 | shall complete the
validation and counting of provisional | ||||||
10 | ballots within 14 calendar days of
the day of the election. The | ||||||
11 | county clerk or board of election commissioners
shall have 7 | ||||||
12 | calendar days from the completion of the validation and
| ||||||
13 | counting of provisional ballots to conduct its final canvass. | ||||||
14 | The State Board
of Elections shall complete within 31 calendar | ||||||
15 | days of the election or sooner
if all the returns are received, | ||||||
16 | its final canvass of the vote for all public
offices.
| ||||||
17 | (b) If a county clerk or board of election commissioners | ||||||
18 | determines that all
of the following apply, then a provisional | ||||||
19 | ballot is valid and shall be counted
as a vote:
| ||||||
20 | (1) the provisional voter cast the provisional ballot | ||||||
21 | in the correct
precinct based on the address provided by | ||||||
22 | the provisional voter unless the provisional voter cast a | ||||||
23 | ballot pursuant to paragraph (7) of subsection (a) of | ||||||
24 | Section 18A-5, in which case the provisional ballot must | ||||||
25 | have been cast in the correct election jurisdiction based |
| |||||||
| |||||||
1 | on the address provided. The provisional voter's affidavit | ||||||
2 | shall serve as a change of address request by that voter | ||||||
3 | for registration purposes for the next ensuing election if | ||||||
4 | it bears an address different from that in the records of | ||||||
5 | the election authority. Votes for federal and statewide | ||||||
6 | offices on a provisional ballot cast in the incorrect | ||||||
7 | precinct that meet the other requirements of this | ||||||
8 | subsection shall be valid and counted in accordance with | ||||||
9 | rules adopted by the State Board of Elections. As used in | ||||||
10 | this item, "federal office" is defined as provided in | ||||||
11 | Section 20-1 and "statewide office" means the Governor, | ||||||
12 | Attorney General, Secretary of State, Comptroller, and | ||||||
13 | Treasurer. Votes for General Assembly, countywide, | ||||||
14 | citywide, or township office on a provisional ballot cast | ||||||
15 | in the incorrect precinct but in the correct legislative | ||||||
16 | district, representative district, county, municipality, | ||||||
17 | or township, as the case may be, shall be valid and counted | ||||||
18 | in accordance with rules adopted by the State Board of | ||||||
19 | Elections. As used in this item, "citywide office" means an | ||||||
20 | office elected by the electors of an entire municipality. | ||||||
21 | As used in this item, "township office" means an office | ||||||
22 | elected by the electors of an entire township;
| ||||||
23 | (2) the affidavit executed by the provisional voter | ||||||
24 | pursuant to subsection
(b)(2) of Section 18A-5 contains, at | ||||||
25 | a minimum, the provisional voter's first and last name, | ||||||
26 | house number and street name, and signature or mark;
|
| |||||||
| |||||||
1 | (3) the provisional voter is a registered voter based | ||||||
2 | on information
available to the county clerk or board of | ||||||
3 | election commissioners provided by or
obtained from any of | ||||||
4 | the following:
| ||||||
5 | i. the provisional voter;
| ||||||
6 | ii. an election judge;
| ||||||
7 | iii. the statewide voter registration database | ||||||
8 | maintained by the State
Board of Elections;
| ||||||
9 | iv. the records of the county clerk or board of | ||||||
10 | election commissioners'
database; or
| ||||||
11 | v. the records of the Secretary of State; and | ||||||
12 | (4) for a provisional ballot cast under item (6) of | ||||||
13 | subsection (a) of Section 18A-5, the voter did not vote by | ||||||
14 | vote by mail absentee ballot in the election at which the | ||||||
15 | provisional ballot was cast.
| ||||||
16 | (c) With respect to subsection (b)(3) of this Section, the | ||||||
17 | county clerk or
board of election commissioners shall | ||||||
18 | investigate and record whether or not the specified information | ||||||
19 | is available from each of the 5 identified sources. If the | ||||||
20 | information is available from one or more of the identified | ||||||
21 | sources, then the
county clerk or board of election | ||||||
22 | commissioners shall seek to obtain the
information from each of | ||||||
23 | those sources until satisfied, with information from at least | ||||||
24 | one of those sources, that the provisional voter is registered | ||||||
25 | and entitled to vote. The county clerk
or board of election | ||||||
26 | commissioners shall use any information it obtains as the
basis |
| |||||||
| |||||||
1 | for determining the voter registration status of the | ||||||
2 | provisional voter.
If a conflict exists among the information | ||||||
3 | available to the county clerk or
board of election | ||||||
4 | commissioners as to the registration status of the
provisional | ||||||
5 | voter, then the county clerk or board of election commissioners
| ||||||
6 | shall make a
determination based on the totality of the | ||||||
7 | circumstances. In a case where the
above information equally | ||||||
8 | supports or opposes the registration status of the
voter, the | ||||||
9 | county clerk or board of election commissioners shall decide in
| ||||||
10 | favor of the provisional voter as being duly registered to | ||||||
11 | vote. If the
statewide voter registration database maintained | ||||||
12 | by the State Board of
Elections indicates that the provisional | ||||||
13 | voter is registered to vote, but the
county clerk's or board of | ||||||
14 | election commissioners' voter registration database
indicates | ||||||
15 | that the provisional voter is not registered to vote, then the
| ||||||
16 | information found in the statewide voter registration database | ||||||
17 | shall control
the matter and the provisional voter shall be | ||||||
18 | deemed to be registered to vote.
If the records of the county | ||||||
19 | clerk or board of election commissioners indicates
that the | ||||||
20 | provisional
voter is registered to vote, but the statewide | ||||||
21 | voter registration database
maintained by the State Board of | ||||||
22 | Elections indicates that the provisional voter
is not | ||||||
23 | registered to vote, then the information found in the records | ||||||
24 | of the
county clerk or board of election commissioners shall | ||||||
25 | control the matter and
the provisional voter shall be deemed to | ||||||
26 | be registered to vote. If the
provisional voter's signature on |
| |||||||
| |||||||
1 | his or her provisional ballot request varies
from the signature | ||||||
2 | on
an otherwise valid registration application solely because | ||||||
3 | of the substitution
of initials for the first or middle name, | ||||||
4 | the election authority may not reject
the provisional ballot.
| ||||||
5 | (d) In validating the registration status of a person | ||||||
6 | casting a provisional
ballot, the county clerk or board of | ||||||
7 | election commissioners shall not require a
provisional voter to | ||||||
8 | complete any form other than the affidavit executed by the
| ||||||
9 | provisional voter under subsection (b)(2) of Section 18A-5. In | ||||||
10 | addition,
the
county clerk or board of election commissioners | ||||||
11 | shall not require all
provisional voters or
any particular | ||||||
12 | class or group of provisional voters to appear personally | ||||||
13 | before
the county clerk or board of election commissioners or | ||||||
14 | as a matter of policy
require provisional voters to submit | ||||||
15 | additional information to verify or
otherwise support the | ||||||
16 | information already submitted by the provisional voter.
Within | ||||||
17 | 2 calendar days after the election, the election authority | ||||||
18 | shall transmit by electronic means pursuant to a process | ||||||
19 | established by the State Board of Elections the name, street | ||||||
20 | address, e-mail address, and precinct, ward, township, and | ||||||
21 | district numbers, as the case may be, of each person casting a | ||||||
22 | provisional ballot to the State Board of Elections, which shall | ||||||
23 | maintain those names and that information in an electronic | ||||||
24 | format on its website, arranged by county and accessible to | ||||||
25 | State and local political committees. The provisional voter | ||||||
26 | may, within 7 calendar days after the election, submit
|
| |||||||
| |||||||
1 | additional information to the county clerk or board of election | ||||||
2 | commissioners.
This information must be received by the county | ||||||
3 | clerk or board of election
commissioners within the | ||||||
4 | 7-calendar-day period.
| ||||||
5 | (e) If the county clerk or board of election commissioners | ||||||
6 | determines that
subsection (b)(1), (b)(2), or (b)(3) does not | ||||||
7 | apply, then the provisional
ballot is not valid
and may not be | ||||||
8 | counted. The provisional ballot envelope containing the ballot
| ||||||
9 | cast by the provisional voter may not be opened. The county | ||||||
10 | clerk or board of
election commissioners shall write on the | ||||||
11 | provisional ballot envelope the
following: "Provisional ballot | ||||||
12 | determined invalid.".
| ||||||
13 | (f) If the county clerk or board of election commissioners | ||||||
14 | determines that a
provisional ballot is valid under this | ||||||
15 | Section, then the provisional ballot
envelope shall be opened. | ||||||
16 | The outside of each provisional ballot
envelope shall
also be
| ||||||
17 | marked to identify the precinct and the date of the election.
| ||||||
18 | (g) Provisional ballots determined to be valid shall be | ||||||
19 | counted at the election authority's central ballot counting | ||||||
20 | location and shall not be counted in precincts. The provisional | ||||||
21 | ballots determined to be valid shall be added to the
vote
| ||||||
22 | totals for the precincts from which they were cast in the order | ||||||
23 | in which the
ballots were opened.
The validation and counting | ||||||
24 | of provisional ballots shall be subject to the
provisions of | ||||||
25 | this Code that apply to pollwatchers.
If the provisional | ||||||
26 | ballots are a ballot of a punch card
voting system, then the |
| |||||||
| |||||||
1 | provisional ballot shall be counted in a manner
consistent with | ||||||
2 | Article 24A. If the provisional ballots
are a ballot of optical | ||||||
3 | scan or other type of approved electronic voting
system, then | ||||||
4 | the provisional ballots shall be counted in a manner consistent
| ||||||
5 | with Article 24B.
| ||||||
6 | (h) As soon as the ballots have been counted, the election | ||||||
7 | judges or
election officials shall, in
the presence of the | ||||||
8 | county clerk or board of election commissioners, place each
of | ||||||
9 | the following items in a separate envelope or bag: (1) all | ||||||
10 | provisional
ballots, voted or spoiled; (2)
all provisional | ||||||
11 | ballot envelopes of provisional ballots voted or spoiled; and
| ||||||
12 | (3) all executed affidavits
of the provisional ballots voted or | ||||||
13 | spoiled.
All provisional ballot envelopes for provisional | ||||||
14 | voters who have been
determined
not to be registered to vote | ||||||
15 | shall remain sealed. The county clerk or board of
election | ||||||
16 | commissioners shall treat the provisional ballot envelope | ||||||
17 | containing
the written affidavit as a voter registration | ||||||
18 | application for that person for
the next election and process | ||||||
19 | that application.
The election judges or election officials | ||||||
20 | shall then
securely
seal each envelope or bag, initial the | ||||||
21 | envelope or bag, and plainly mark on the
outside of the | ||||||
22 | envelope or bag in ink the precinct in which the provisional
| ||||||
23 | ballots were cast. The election judges or election officials | ||||||
24 | shall then place
each sealed envelope or
bag into a box, secure | ||||||
25 | and seal it in the same manner as described in
item (6) of | ||||||
26 | subsection (b) of Section 18A-5. Each election judge or |
| |||||||
| |||||||
1 | election
official shall take and subscribe an oath
before the | ||||||
2 | county clerk or
board of election commissioners that the | ||||||
3 | election judge or election official
securely kept the
ballots | ||||||
4 | and papers in the box, did not permit any person to open the | ||||||
5 | box or
otherwise touch or tamper with the ballots and papers in | ||||||
6 | the box, and has no
knowledge of any other person opening the | ||||||
7 | box.
For purposes of this Section, the term "election official" | ||||||
8 | means the county
clerk, a member of the board of election | ||||||
9 | commissioners, as the case may be, and
their respective | ||||||
10 | employees.
| ||||||
11 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||||||
12 | 98-691, eff. 7-1-14.)
| ||||||
13 | (10 ILCS 5/18A-218 new) | ||||||
14 | Sec. 18A-218. Interpretation of Article 18A. The Sections | ||||||
15 | of this Article following this Section shall be supplemental to | ||||||
16 | all other provisions of this Article and are intended to | ||||||
17 | provide procedural requirements for the implementation of the | ||||||
18 | provisions of this Article. In the case of a conflict between | ||||||
19 | the Sections following this Section and the Sections preceding | ||||||
20 | this Section, the Sections preceding this Section shall | ||||||
21 | prevail.
| ||||||
22 | (10 ILCS 5/18A-218.10 new) | ||||||
23 | Sec. 18A-218.10. Definitions relating to provisional | ||||||
24 | ballots. |
| |||||||
| |||||||
1 | (a) As used in this Article: | ||||||
2 | "Citywide or villagewide office" means an office | ||||||
3 | elected by the electors of an entire municipality. | ||||||
4 | "Correct precinct" means the precinct containing the | ||||||
5 | addresses at which the provisional voter resides and at | ||||||
6 | which he or she is registered to vote. | ||||||
7 | "Countywide office" means the offices of Clerk, | ||||||
8 | Sheriff, State's Attorney, Circuit Court Clerk, Recorder, | ||||||
9 | Auditor, County Board President, County Board Member or | ||||||
10 | County Commissioner in those counties that elect those | ||||||
11 | officers countywide, Coroner, Regional Superintendent of | ||||||
12 | Schools, Sanitary District Commissioners or Trustees, | ||||||
13 | Assessor, Board of Review Members in those counties that | ||||||
14 | elect those officers countywide, and Treasurer. | ||||||
15 | "Election authority" means either the County Clerk, | ||||||
16 | County Board of Election Commissioners, or Municipal Board | ||||||
17 | of Election Commissioners, as the case may be. | ||||||
18 | "Election jurisdiction" means an entire county, in the | ||||||
19 | case of a county in which no city board of election | ||||||
20 | commissioners is located or that is under the jurisdiction | ||||||
21 | of a county board of election commissioners; the | ||||||
22 | territorial jurisdiction of a city board of election | ||||||
23 | commissioners; and the territory in a county outside of the | ||||||
24 | jurisdiction of a city board of election commissioners. | ||||||
25 | Election jurisdictions shall be determined according to | ||||||
26 | which election authority maintains the permanent |
| |||||||
| |||||||
1 | registration records of qualified electors. | ||||||
2 | "Incorrect precinct" means the precinct in which the | ||||||
3 | voter cast a provisional ballot, but is not the precinct | ||||||
4 | containing the address at which he or she is registered to | ||||||
5 | vote. In order for a provisional ballot to be eligible for | ||||||
6 | counting when cast in an incorrect precinct, that precinct | ||||||
7 | must be located within either the county or municipality in | ||||||
8 | which the voter is registered. | ||||||
9 | "Leading established political party" means one of the | ||||||
10 | two political parties whose candidates for Governor at the | ||||||
11 | most recent 3 gubernatorial elections received either the | ||||||
12 | highest or second highest average number of votes. The | ||||||
13 | first leading political party is the party whose candidate | ||||||
14 | for Governor received the highest average number of votes | ||||||
15 | in the 3 most recent gubernatorial elections and the second | ||||||
16 | leading political party is the party whose candidate for | ||||||
17 | Governor received the second highest average number of | ||||||
18 | votes in the 3 most recent gubernatorial elections. | ||||||
19 | "Legislative district" means the district in which an | ||||||
20 | Illinois State Senator is elected to serve the residents. | ||||||
21 | "Persons entitled to vote provisionally" or | ||||||
22 | "provisional voter" means a person claiming to be a | ||||||
23 | registered voter who is entitled by Section 18A-5 of this | ||||||
24 | Code to vote a provisional ballot under the following | ||||||
25 | circumstances: | ||||||
26 | (1) The person's name does not appear on the |
| |||||||
| |||||||
1 | official list of eligible voters for the precinct in | ||||||
2 | which the person seeks to vote. | ||||||
3 | (2) The person's voting status has been | ||||||
4 | successfully challenged by an election judge, a | ||||||
5 | pollwatcher or any legal voter. | ||||||
6 | (3) A federal or State court order extends the time | ||||||
7 | for closing the polls beyond the time period | ||||||
8 | established by State law and the person votes during | ||||||
9 | the extended time period. | ||||||
10 | (4) The voter registered to vote by mail and is | ||||||
11 | required by law to present identification when voting | ||||||
12 | either in person or by vote by mail ballot, but fails | ||||||
13 | to do so. | ||||||
14 | (5) The voter's name appears on the list of voters | ||||||
15 | who voted during the early voting period, but the voter | ||||||
16 | claims not to have voted during the early voting | ||||||
17 | period. | ||||||
18 | (6) The voter received a vote by mail ballot but | ||||||
19 | did not return the vote by mail ballot to the election | ||||||
20 | authority, and failed to surrender it to the election | ||||||
21 | judges. | ||||||
22 | (7) The voter attempted to register to vote on | ||||||
23 | election day, but failed to provide the necessary | ||||||
24 | documentation. | ||||||
25 | "Representative district" means the district from | ||||||
26 | which an Illinois State Representative is elected to serve |
| |||||||
| |||||||
1 | the residents. | ||||||
2 | "Statewide office" means the Constitutional offices of | ||||||
3 | Governor and Lt. Governor running jointly, Secretary of | ||||||
4 | State, Attorney General, Comptroller, and Treasurer. | ||||||
5 | "Township office" means an office elected by the | ||||||
6 | electors of an entire township. | ||||||
7 | (b) Procedures for Voting Provisionally in the Polling | ||||||
8 | Place. | ||||||
9 | (1) If any of the 7 reasons cited in the definition of | ||||||
10 | provisional voter in subsection (a) for casting a | ||||||
11 | provisional ballot exists, an election judge must accept | ||||||
12 | any information provided by a person who casts a | ||||||
13 | provisional ballot that the person believes supports his or | ||||||
14 | her claim that he or she is a duly registered voter and | ||||||
15 | qualified to vote in the election. However, if the person's | ||||||
16 | residence address is outside the precinct boundaries, the | ||||||
17 | election judge shall inform the person of that fact, give | ||||||
18 | the person the appropriate telephone number of the election | ||||||
19 | authority in order to locate the polling place assigned to | ||||||
20 | serve that address (or consult any alternative tools | ||||||
21 | provided by the election authority for determining a | ||||||
22 | voter's correct precinct polling place) and instruct the | ||||||
23 | person to go to the proper polling place to vote. | ||||||
24 | (2) Once it has been determined by the election judges | ||||||
25 | that the person is entitled to receive a provisional | ||||||
26 | ballot, and the voter has completed the provisional voter |
| |||||||
| |||||||
1 | affidavit, the voter shall be given a provisional ballot | ||||||
2 | and shall proceed to vote that ballot. Upon receipt of the | ||||||
3 | ballot by the election judges, the ballot shall be | ||||||
4 | transmitted to the election authority in accordance with | ||||||
5 | subsection (a) of Section 18A-10 of this Code. | ||||||
6 | (3) In the event that a provisional ballot is | ||||||
7 | mistakenly cast in a precinct other than the precinct that | ||||||
8 | contains the voter's address of registration (if the voter | ||||||
9 | believed he or she registered in the precinct in which he | ||||||
10 | or she voted provisionally, and the election judges should | ||||||
11 | have, but did not direct the voter to vote in the correct | ||||||
12 | precinct), Section 218.20 shall apply.
| ||||||
13 | (10 ILCS 5/18A-218.20 new) | ||||||
14 | Sec. 18A-218.20. Counting procedures for provisional | ||||||
15 | ballots cast in an incorrect precinct within the same election | ||||||
16 | authority's jurisdiction. | ||||||
17 | (a) The election authority shall: | ||||||
18 | (1) transmit to the State Board of Elections the | ||||||
19 | provisional voter's identifying information and voting | ||||||
20 | jurisdiction within 2 calendar days. Following that, and | ||||||
21 | subject to paragraph (2) below, if the election authority | ||||||
22 | having jurisdiction over the provisional voter determines | ||||||
23 | that the voter has cast a provisional ballot in an | ||||||
24 | incorrect precinct, the ballot shall still be counted using | ||||||
25 | the procedures established in subsection (b) of this |
| |||||||
| |||||||
1 | Section or Section 18A-218.30 if applicable. Jurisdictions | ||||||
2 | that use election machines authorized pursuant to Article | ||||||
3 | 24C of this Code for casting provisional ballots may vary | ||||||
4 | procedures of this Section and Section 18A-218.30 as | ||||||
5 | appropriate for the counting of provisional ballots cast on | ||||||
6 | those machines. | ||||||
7 | (2) determine whether the voter was entitled to cast a | ||||||
8 | provisional ballot. The voter is entitled to cast a | ||||||
9 | provisional ballot if: | ||||||
10 | (A) the affidavit executed by the voter contains, | ||||||
11 | at a minimum, the provisional voter's first and last | ||||||
12 | name, house number and street name, and signature or | ||||||
13 | mark; | ||||||
14 | (B) the provisional voter is a registered voter | ||||||
15 | based on information available to the county clerk or | ||||||
16 | board of election commissioners provided by or | ||||||
17 | obtained from the provisional voter, an election | ||||||
18 | judge, the Statewide voter registration database | ||||||
19 | maintained by the State Board of Elections, the records | ||||||
20 | of the county clerk or board of election commissioners' | ||||||
21 | database, or the records of the Secretary of State or | ||||||
22 | the voter is attempting to register but lacks the | ||||||
23 | necessary documentation; and | ||||||
24 | (C) the provisional voter did not vote using the | ||||||
25 | vote by mail ballot and did not vote during the period | ||||||
26 | for early voting. |
| |||||||
| |||||||
1 | (b) Once it has been determined by the election authority | ||||||
2 | that the voter was entitled to vote a provisional ballot, even | ||||||
3 | though it had been cast in an incorrect precinct, the election | ||||||
4 | authority shall select a team or teams of 2 duly commissioned | ||||||
5 | election judges, one from each of the two leading established | ||||||
6 | political parties in Illinois to count the votes that are | ||||||
7 | eligible to be cast on the provisional ballot. In those | ||||||
8 | jurisdictions that use election officials as defined in | ||||||
9 | subsection (h) of Section 18A-15 of this Code, these duties may | ||||||
10 | be performed by those election officials. | ||||||
11 | (1) Votes cast for Statewide offices, the Office of | ||||||
12 | President of the United States (including votes cast in the | ||||||
13 | Presidential Preference Primary), and United States Senate | ||||||
14 | shall be counted on all provisional ballots cast in the | ||||||
15 | incorrect precinct. | ||||||
16 | (2) Votes cast for Representative in Congress, | ||||||
17 | delegate or alternate delegate to a national nominating | ||||||
18 | convention, State Senator, State Representative, or | ||||||
19 | countywide, citywide, villagewide, or township office | ||||||
20 | shall be counted if it is determined by the election judges | ||||||
21 | or officials that the voter would have been entitled to | ||||||
22 | vote for one or more of these offices had the voter voted | ||||||
23 | in the precinct in which he or she is registered to vote | ||||||
24 | (the correct precinct) and had the voter voted a ballot of | ||||||
25 | the correct ballot style containing all the offices and | ||||||
26 | candidates for which the voter was entitled to cast a |
| |||||||
| |||||||
1 | ballot (the correct ballot style). This determination | ||||||
2 | shall be made by comparing a sample ballot of the correct | ||||||
3 | ballot style with the actual provisional ballot cast by the | ||||||
4 | voter. If the same office (including the same district | ||||||
5 | number for a Congressional, Legislative or Representative | ||||||
6 | district) appears on both the correct ballot style sample | ||||||
7 | ballot and the provisional ballot cast by the voter, votes | ||||||
8 | for that office shall be counted. All votes cast for any | ||||||
9 | remaining offices (offices for which the voter would not | ||||||
10 | have been entitled to vote had he or she voted in the | ||||||
11 | correct precinct) shall not be counted. | ||||||
12 | (3) No votes shall be counted for an office when the | ||||||
13 | voter voted for more candidates than he or she was allowed. | ||||||
14 | (4) Once it has been determined which offices are to be | ||||||
15 | counted and the provisional ballot contains no other votes, | ||||||
16 | the provisional ballot shall be counted pursuant to the | ||||||
17 | procedures set forth in this subsection (b). | ||||||
18 | (5) If a provisional ballot does not contain any valid | ||||||
19 | votes, the provisional ballot shall be marked invalid and | ||||||
20 | shall not be counted. | ||||||
21 | (6) Any provisional voting verification system | ||||||
22 | established by an election authority shall inform the | ||||||
23 | provisional voter that his or her provisional ballot was | ||||||
24 | partially counted because it was cast in an incorrect | ||||||
25 | precinct. | ||||||
26 | (7) If a provisional ballot only contains votes cast |
| |||||||
| |||||||
1 | for eligible offices, and does not contain any votes cast | ||||||
2 | for ineligible offices, the ballot may be tabulated without | ||||||
3 | having to be remade. | ||||||
4 | (8) If a provisional ballot contains both valid votes | ||||||
5 | that must be counted and invalid votes that cannot be | ||||||
6 | counted: | ||||||
7 | (A) the election judges, consisting in each case of | ||||||
8 | at least one of each of the 2 leading political | ||||||
9 | parties, shall, if the provisional ballot was cast on a | ||||||
10 | paper ballot sheet, proceed to remake the voted ballot | ||||||
11 | onto a blank ballot that includes all of the offices | ||||||
12 | for which valid votes were cast, transferring only | ||||||
13 | valid votes. The original provisional ballot shall be | ||||||
14 | marked "Original Provisional Ballot" with a serial | ||||||
15 | number commencing at "1" and continuing consecutively | ||||||
16 | for ballots of that kind in the precinct. The duplicate | ||||||
17 | provisional ballot shall be marked "Duplicate | ||||||
18 | Provisional Ballot" and be given the same serial number | ||||||
19 | as the original ballot from which it was duplicated. | ||||||
20 | The duplicate provisional ballot shall then be treated | ||||||
21 | in the same manner as other provisional ballots. | ||||||
22 | (B) if the provisional ballot was cast on a direct | ||||||
23 | recording electronic voting device, the election | ||||||
24 | judges shall mark the original provisional ballot as a | ||||||
25 | partially counted defective electronic provisional | ||||||
26 | ballot because it was cast in the incorrect precinct |
| |||||||
| |||||||
1 | (or bear some similar notation) and proceed to either: | ||||||
2 | (i) remake the voted ballot by transferring | ||||||
3 | all valid votes to a duplicate paper ballot sheet | ||||||
4 | of the correct ballot style, marking the duplicate | ||||||
5 | ballot "Duplicate Electronic Provisional Ballot" | ||||||
6 | and then counting the duplicate provisional ballot | ||||||
7 | in the same manner as the other provisional ballots | ||||||
8 | marked on paper ballot sheets; or | ||||||
9 | (ii) transfer, or cause to be transferred, all | ||||||
10 | valid votes electronically to the correct | ||||||
11 | precinct, which shall be counted and added to the | ||||||
12 | vote totals for the correct precinct, excluding | ||||||
13 | any votes that cannot be counted. If this method is | ||||||
14 | used, a permanent paper record must be generated | ||||||
15 | for both the defective provisional ballot and the | ||||||
16 | duplicate electronic provisional ballot. | ||||||
17 | (c) For provisional ballots cast at a partisan primary | ||||||
18 | election, the judges shall use a duplicate ballot of the | ||||||
19 | correct ballot style for the same political party as the ballot | ||||||
20 | chosen by the voter. | ||||||
21 | (d) At least one qualified pollwatcher for each candidate, | ||||||
22 | political party, and civic organization, as authorized by | ||||||
23 | Section 17-23 of this Code, shall be permitted to observe the | ||||||
24 | ballot remaking process.
| ||||||
25 | (10 ILCS 5/18A-218.30 new) |
| |||||||
| |||||||
1 | Sec. 18A-218.30. Counting procedures for provisional | ||||||
2 | ballots cast in an incorrect precinct within a different | ||||||
3 | election authority's jurisdiction. | ||||||
4 | (a) The election authority having possession of the | ||||||
5 | provisional ballot shall first notify the election authority | ||||||
6 | having jurisdiction over the provisional voter that the voter | ||||||
7 | cast a provisional ballot in its jurisdiction and provide | ||||||
8 | whatever information is needed for the election authority to | ||||||
9 | comply with the notification requirements set forth in | ||||||
10 | subsection (d) of Section 18A-15 of this Code. For purpose of | ||||||
11 | determining which election authority has jurisdiction over the | ||||||
12 | provisional voter, the election authority having possession of | ||||||
13 | the provisional ballot shall use the address listed on the | ||||||
14 | provisional ballot affidavit that was provided by the voter. If | ||||||
15 | that address is different from the address at which the voter | ||||||
16 | is registered the ballot shall be rejected; however, the | ||||||
17 | affidavit shall serve as a request to register at that address. | ||||||
18 | If a voter cast a provisional ballot in an incorrect precinct | ||||||
19 | located in the jurisdiction of an election authority other than | ||||||
20 | the election authority having jurisdiction over the voter's | ||||||
21 | correct precinct, but where the precinct is located within the | ||||||
22 | same county as the 2 election authorities (e.g., a voter is | ||||||
23 | registered in the City of Chicago, but casts a provisional | ||||||
24 | ballot in suburban Cook County), the election authority in | ||||||
25 | whose territory the provisional ballot was cast shall, after | ||||||
26 | receipt of the provisional ballot, transmit it, along with the |
| |||||||
| |||||||
1 | provisional voter's affidavit and any other documentation | ||||||
2 | provided to the election judges, to the office of the election | ||||||
3 | authority having jurisdiction over the voter's correct | ||||||
4 | precinct. The ballot shall be sealed in a secure envelope or | ||||||
5 | other suitable container and transmitted within 8 business days | ||||||
6 | after the election at which it was cast. If the locations of | ||||||
7 | the election authorities' offices are such that it is feasible | ||||||
8 | to hand deliver the ballot, the ballot shall be sealed in a | ||||||
9 | secure envelope and transmitted in that manner by 2 election | ||||||
10 | judges (or election officials), one from each of the 2 leading | ||||||
11 | political parties. If the locations of the 2 election | ||||||
12 | authorities are such that it is not feasible to hand deliver | ||||||
13 | the ballot, the election authority having jurisdiction over the | ||||||
14 | incorrect precinct shall cause the ballot to be sealed in a | ||||||
15 | secure envelope and transmitted via express mail within 8 | ||||||
16 | business days after the election at which the ballot was cast, | ||||||
17 | with a delivery date no later than the second business day | ||||||
18 | following the mailing date. Upon receipt of the ballot by the | ||||||
19 | election authority having jurisdiction over the correct | ||||||
20 | precinct, the election authority shall proceed to remake, and | ||||||
21 | count the votes on, the provisional ballot in accordance with | ||||||
22 | the procedures described in Section 18A-218.20, including the | ||||||
23 | determination of eligibility to cast a provisional ballot. Any | ||||||
24 | information provided to the election authority within the 7 day | ||||||
25 | period provided for in Section 18A-15 of this Code shall be | ||||||
26 | sealed in a secure envelope and transmitted to the office of |
| |||||||
| |||||||
1 | the election authority having jurisdiction over the voter's | ||||||
2 | correct precinct, along with the provisional ballot of that | ||||||
3 | voter. | ||||||
4 | (b) Incorrect precinct is located in a different county | ||||||
5 | from the county where the voter is registered, but is located | ||||||
6 | in the same municipality or legislative district as the one in | ||||||
7 | which the voter is registered: | ||||||
8 | (1) The election authority having possession of the | ||||||
9 | provisional ballot shall first notify the election | ||||||
10 | authority having jurisdiction over the provisional voter | ||||||
11 | that the voter cast a provisional ballot in its | ||||||
12 | jurisdiction and provide whatever information is needed | ||||||
13 | for the election authority to comply with the notification | ||||||
14 | requirements set forth in subsection (d) of Section 18A-15 | ||||||
15 | of this Code. For purposes of determining which election | ||||||
16 | authority has jurisdiction over the provisional voter, the | ||||||
17 | election authority having possession of the provisional | ||||||
18 | ballot shall use the address listed on the provisional | ||||||
19 | ballot affidavit that was provided by the voter. If that | ||||||
20 | address is different from the address at which the voter is | ||||||
21 | registered, the ballot shall be rejected; however, the | ||||||
22 | affidavit shall serve as a request to register at that | ||||||
23 | address. The election authority shall then cause the | ||||||
24 | ballot, along with the provisional voter's affidavit and | ||||||
25 | any other documentation provided to the election judges, to | ||||||
26 | be transmitted via express mail within 8 business days |
| |||||||
| |||||||
1 | after the election at which the ballot was cast, with a | ||||||
2 | delivery date no later than the second business day | ||||||
3 | following the mailing date. Upon receipt of the ballot by | ||||||
4 | the election authority having jurisdiction over the | ||||||
5 | correct precinct, that election authority shall proceed to | ||||||
6 | remake and count the votes on the provisional ballot in | ||||||
7 | accordance with the procedures described in Section | ||||||
8 | 18A-218.20, including the determination of eligibility to | ||||||
9 | cast a provisional ballot. Any information provided to the | ||||||
10 | election authority within the 7 day period provided for in | ||||||
11 | Section 18A-15 of this Code shall be transmitted to the | ||||||
12 | office of the election authority having jurisdiction over | ||||||
13 | the voter's correct precinct, along with the provisional | ||||||
14 | ballot of that voter. | ||||||
15 | (2) If a voter casts a provisional ballot in a precinct | ||||||
16 | outside of the county in which he or she is registered and | ||||||
17 | outside of the municipality, representative district, or | ||||||
18 | legislative district in which he or she is registered (if | ||||||
19 | applicable), the ballot shall not be counted. It shall, | ||||||
20 | however, be transmitted via the U.S. Postal Service to the | ||||||
21 | election authority having jurisdiction over the voter's | ||||||
22 | correct precinct within 14 days after the election and | ||||||
23 | shall be kept for 2 months, the same length of time as is | ||||||
24 | required for other voted ballots. | ||||||
25 | For purposes of determining which election authority has | ||||||
26 | jurisdiction over the provisional voter, the election |
| |||||||
| |||||||
1 | authority having possession of the provisional ballot shall use | ||||||
2 | the address listed on the provisional ballot affidavit that was | ||||||
3 | provided by the voter. If such address is different from the | ||||||
4 | address at which the voter is registered, the ballot shall be | ||||||
5 | rejected, however the affidavit shall serve as a request to | ||||||
6 | register at such address.
| ||||||
7 | (10 ILCS 5/18A-218.40 new) | ||||||
8 | Sec. 18A-218.40. Follow-up procedures for provisional | ||||||
9 | ballots. The original provisional ballot cast by the voter | ||||||
10 | shall be stored separately from other ballots voted in the | ||||||
11 | election and shall be preserved in the same manner as original | ||||||
12 | ballots that had to be remade for other reasons, such as a | ||||||
13 | damaged ballot or as a result of a voter over-voting an office.
| ||||||
14 | (10 ILCS 5/Art. 19 heading) | ||||||
15 | ARTICLE 19. VOTING BY MAIL ABSENT ELECTORS
| ||||||
16 | (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||||||
17 | Sec. 19-2. Any elector as defined in Section 19-1 may by | ||||||
18 | mail or electronically on the website of the appropriate | ||||||
19 | election authority, not more than 90 nor less than 5 days prior | ||||||
20 | to the
date of such election, or by personal delivery not more | ||||||
21 | than 90 nor less
than one day prior to the date of such | ||||||
22 | election, make application to the
county clerk or to the Board | ||||||
23 | of Election Commissioners for an official
ballot for the |
| |||||||
| |||||||
1 | voter's precinct to be voted at such election. The URL address | ||||||
2 | at which voters may electronically request a vote by mail an | ||||||
3 | absentee ballot shall be fixed no later than 90 calendar days | ||||||
4 | before an election and shall not be changed until after the | ||||||
5 | election.
Such a ballot shall be delivered to the elector only | ||||||
6 | upon separate application by the elector for each election.
| ||||||
7 | (Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691, | ||||||
8 | eff. 7-1-14.)
| ||||||
9 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
10 | Sec. 19-3. The
application for vote by mail absentee ballot | ||||||
11 | shall be substantially in the
following form: | ||||||
12 | APPLICATION FOR VOTE BY MAIL ABSENTEE BALLOT | ||||||
13 | To be voted at the .... election in the County of .... and | ||||||
14 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
15 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
16 | I state that I am a resident of the .... precinct of the | ||||||
17 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
18 | the city of
.... residing at .... in such city or town in the | ||||||
19 | county of .... and
State of Illinois; that I have lived at such | ||||||
20 | address for .... month(s)
last past; that I am lawfully | ||||||
21 | entitled to vote in such precinct at the
.... election to be | ||||||
22 | held therein on ....; and that I wish to vote by vote by mail | ||||||
23 | absentee ballot. | ||||||
24 | I hereby make application for an official ballot or ballots | ||||||
25 | to be
voted by me at such election, and I agree that I shall |
| |||||||
| |||||||
1 | return such ballot or ballots to the
official issuing the same | ||||||
2 | prior to the closing of the polls on the date
of the election | ||||||
3 | or, if returned by mail, postmarked no later than midnight | ||||||
4 | preceding election day, for counting no later than during the | ||||||
5 | period for counting provisional ballots, the last day of which | ||||||
6 | is the 14th day following election day. | ||||||
7 | I understand that this application is made for an official | ||||||
8 | vote by mail absentee ballot or ballots to be voted by me at | ||||||
9 | the election specified in this application and that I must | ||||||
10 | submit a separate application for an official vote by mail | ||||||
11 | absentee ballot or ballots to be voted by me at any subsequent | ||||||
12 | election. | ||||||
13 | Under penalties as provided by law pursuant to Section | ||||||
14 | 29-10 of The
Election Code, the undersigned certifies that the | ||||||
15 | statements set forth
in this application are true and correct. | ||||||
16 | .... | ||||||
17 | *fill in either (1), (2) or (3). | ||||||
18 | Post office address to which ballot is mailed: | ||||||
19 | ............... | ||||||
20 | However, if application is made for a primary election | ||||||
21 | ballot, such
application shall require the applicant to | ||||||
22 | designate the name of the political party with which
the | ||||||
23 | applicant is affiliated. | ||||||
24 | If application is made electronically, the applicant shall | ||||||
25 | mark the box associated with the above described statement | ||||||
26 | included as part of the online application certifying that the |
| |||||||
| |||||||
1 | statements set forth in this application are true and correct, | ||||||
2 | and a signature is not required. | ||||||
3 | Any person may produce, reproduce, distribute, or return to | ||||||
4 | an election authority the application for vote by mail absentee | ||||||
5 | ballot. Upon receipt, the appropriate election authority shall | ||||||
6 | accept and promptly process any application for vote by mail | ||||||
7 | absentee ballot submitted in a form substantially similar to | ||||||
8 | that required by this Section, including any substantially | ||||||
9 | similar production or reproduction generated by the applicant. | ||||||
10 | (Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
| ||||||
11 | (10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||||||
12 | Sec. 19-4. Mailing or delivery of ballots; time. | ||||||
13 | Immediately upon
the receipt of such application either by mail | ||||||
14 | or electronic means, not more than 40 days
nor less than 5 days | ||||||
15 | prior to such election, or by personal delivery not
more than | ||||||
16 | 40 days nor less than one day prior to such election, at the
| ||||||
17 | office of such election authority, it shall be the duty of such | ||||||
18 | election
authority to examine the records to ascertain whether | ||||||
19 | or not such
applicant is lawfully entitled to vote as
| ||||||
20 | requested, including a verification of the applicant's | ||||||
21 | signature by comparison with the signature on the official | ||||||
22 | registration record card, and if found so to be entitled to | ||||||
23 | vote, to post within one business day thereafter
the name, | ||||||
24 | street address,
ward and precinct number or township and | ||||||
25 | district number, as the case may be,
of such applicant given on |
| |||||||
| |||||||
1 | a list, the pages of which are to be numbered
consecutively to | ||||||
2 | be kept by such election authority for such purpose in a
| ||||||
3 | conspicuous, open and public place accessible to the public at | ||||||
4 | the entrance of
the office of such election authority, and in | ||||||
5 | such a manner that such list may
be viewed without necessity of | ||||||
6 | requesting permission therefor. Within one
day after posting | ||||||
7 | the name and other information of an applicant for a vote by | ||||||
8 | mail
an absentee ballot, the election authority shall transmit | ||||||
9 | by electronic means pursuant to a process established by the | ||||||
10 | State Board of Elections that name and other
posted information | ||||||
11 | to the State Board of Elections, which shall maintain those
| ||||||
12 | names and other information in an electronic format on its | ||||||
13 | website, arranged by
county and accessible to State and local | ||||||
14 | political committees. Within 2
business days after posting a | ||||||
15 | name and other information on the list within
its
office, the | ||||||
16 | election authority shall mail,
postage prepaid, or deliver in | ||||||
17 | person in such office an official ballot
or ballots if more | ||||||
18 | than one are to be voted at said election. Mail delivery
of | ||||||
19 | Temporarily Absent Student ballot applications pursuant to | ||||||
20 | Section
19-12.3 shall be by nonforwardable mail. However,
for | ||||||
21 | the consolidated election, vote by mail absentee ballots for | ||||||
22 | certain precincts may
be delivered to applicants not less than | ||||||
23 | 25 days before the election if
so much time is required to have | ||||||
24 | prepared and printed the ballots containing
the names of | ||||||
25 | persons nominated for offices at the consolidated primary.
The | ||||||
26 | election authority shall enclose with each vote by mail |
| |||||||
| |||||||
1 | absentee ballot or
application written instructions on how | ||||||
2 | voting assistance shall be provided
pursuant to Section 17-14 | ||||||
3 | and a document, written and approved by the State
Board of | ||||||
4 | Elections, informing the vote by mail voter of the required | ||||||
5 | postage for returning the application and ballot, and
| ||||||
6 | enumerating
the circumstances under which a person is | ||||||
7 | authorized to vote by vote by mail absentee
ballot pursuant to | ||||||
8 | this Article; such document shall also include a
statement | ||||||
9 | informing the applicant that if he or she falsifies or is
| ||||||
10 | solicited by another to falsify his or her
eligibility to cast | ||||||
11 | a vote by mail an absentee ballot, such applicant or other is | ||||||
12 | subject
to
penalties pursuant to Section 29-10 and Section | ||||||
13 | 29-20 of the Election Code.
Each election authority shall | ||||||
14 | maintain a list of the name, street address,
ward and
precinct, | ||||||
15 | or township and district number, as the case may be, of all
| ||||||
16 | applicants who have returned vote by mail absentee ballots to | ||||||
17 | such authority, and the name of such vote by mail absent voter | ||||||
18 | shall be added to such list
within one business day from | ||||||
19 | receipt of such ballot.
If the vote by mail absentee ballot | ||||||
20 | envelope indicates that the voter was assisted in
casting the | ||||||
21 | ballot, the name of the person so assisting shall be included | ||||||
22 | on
the list. The list, the pages of which are to be numbered | ||||||
23 | consecutively,
shall be kept by each election authority in a | ||||||
24 | conspicuous, open, and public
place accessible to the public at | ||||||
25 | the entrance of the office of the election
authority and in a | ||||||
26 | manner that the list may be viewed without necessity of
|
| |||||||
| |||||||
1 | requesting permission for viewing.
| ||||||
2 | Each election authority shall maintain a list for each | ||||||
3 | election
of the
voters to whom it has issued vote by mail | ||||||
4 | absentee ballots. The list shall be
maintained for each | ||||||
5 | precinct within the jurisdiction of the election
authority. | ||||||
6 | Prior to the opening of the polls on election day, the
election | ||||||
7 | authority shall deliver to the judges of election in each
| ||||||
8 | precinct the list of registered voters in that precinct to whom | ||||||
9 | vote by mail absentee
ballots have been issued by mail.
| ||||||
10 | Each election authority shall maintain a list for each | ||||||
11 | election of
voters to whom it has issued temporarily absent | ||||||
12 | student ballots. The list
shall be maintained for each election | ||||||
13 | jurisdiction within which such voters
temporarily abide. | ||||||
14 | Immediately after the close of the period during which
| ||||||
15 | application may be made by mail or electronic means for vote by | ||||||
16 | mail absentee ballots, each election
authority shall mail to | ||||||
17 | each other election authority within the State a
certified list | ||||||
18 | of all such voters temporarily abiding within the
jurisdiction | ||||||
19 | of the other election authority.
| ||||||
20 | In the event that the return address of an
application for | ||||||
21 | ballot by a physically incapacitated elector
is that of a | ||||||
22 | facility licensed or certified under the Nursing Home Care
Act, | ||||||
23 | the Specialized Mental Health Rehabilitation Act of 2013, or | ||||||
24 | the ID/DD Community Care Act, within the jurisdiction of the | ||||||
25 | election authority, and the applicant
is a registered voter in | ||||||
26 | the precinct in which such facility is located,
the ballots |
| |||||||
| |||||||
1 | shall be prepared and transmitted to a responsible judge of
| ||||||
2 | election no later than 9 a.m. on the Saturday, Sunday or Monday | ||||||
3 | immediately
preceding the election as designated by the | ||||||
4 | election authority under
Section 19-12.2. Such judge shall | ||||||
5 | deliver in person on the designated day
the ballot to the | ||||||
6 | applicant on the premises of the facility from which
| ||||||
7 | application was made. The election authority shall by mail | ||||||
8 | notify the
applicant in such facility that the ballot will be | ||||||
9 | delivered by a judge of
election on the designated day.
| ||||||
10 | All applications for vote by mail absentee ballots shall be | ||||||
11 | available at the office
of the election authority for public | ||||||
12 | inspection upon request from the
time of receipt thereof by the | ||||||
13 | election authority until 30 days after the
election, except | ||||||
14 | during the time such applications are kept in the
office of the | ||||||
15 | election authority pursuant to Section 19-7, and except during
| ||||||
16 | the time such applications are in the possession of the judges | ||||||
17 | of election.
| ||||||
18 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, | ||||||
19 | eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | ||||||
20 | 98-756, eff. 7-16-14.)
| ||||||
21 | (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) | ||||||
22 | Sec. 19-5. It shall be the duty of the election authority | ||||||
23 | to fold the
ballot or ballots in the manner specified by the | ||||||
24 | statute for folding
ballots prior to their deposit in the | ||||||
25 | ballot box, and to enclose such
ballot or ballots in an |
| |||||||
| |||||||
1 | envelope unsealed to be furnished by him, which
envelope shall | ||||||
2 | bear upon the face thereof the name, official title and
post | ||||||
3 | office address of the election authority, and upon the other | ||||||
4 | side
a printed certification in substantially the
following | ||||||
5 | form:
| ||||||
6 | I state that I am a resident of the .... precinct of the | ||||||
7 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
8 | the city of
.... residing at .... in such city or town in the | ||||||
9 | county of .... and
State of Illinois, that I have lived at such | ||||||
10 | address for .... months
last past; and that I am lawfully | ||||||
11 | entitled to vote in such precinct at the
.... election to be | ||||||
12 | held on .....
| ||||||
13 | *fill in either (1), (2) or (3).
| ||||||
14 | I further state that I personally marked the enclosed | ||||||
15 | ballot in secret.
| ||||||
16 | Under penalties of perjury as provided by law pursuant to | ||||||
17 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
18 | that the statements set
forth in this certification are true | ||||||
19 | and correct.
| ||||||
20 | .......................
| ||||||
21 | If the ballot is to go to an elector who is physically | ||||||
22 | incapacitated and needs assistance marking the ballot,
the | ||||||
23 | envelope shall bear upon the back thereof a certification in
| ||||||
24 | substantially the following form:
| ||||||
25 | I state that I am a resident of the .... precinct of the | ||||||
26 | (1)
*township of .... (2) *City of .... or (3) *.... ward in |
| |||||||
| |||||||
1 | the city of
.... residing at .... in such city or town in the | ||||||
2 | county of .... and
State of Illinois, that I have lived at such | ||||||
3 | address for .... months
last past; that I am lawfully entitled | ||||||
4 | to vote in such precinct at the
.... election to be held on | ||||||
5 | ....; that I am physically incapable
of personally marking the | ||||||
6 | ballot for
such election.
| ||||||
7 | *fill in either (1), (2) or (3).
| ||||||
8 | I further state that I marked the enclosed ballot in secret | ||||||
9 | with the assistance of
| ||||||
10 | .................................
| ||||||
11 | (Individual rendering assistance)
| ||||||
12 | .................................
| ||||||
13 | (Residence Address)
| ||||||
14 | Under penalties of perjury as provided by law pursuant to | ||||||
15 | Section 29-10
of The Election Code, the undersigned certifies | ||||||
16 | that the statements set forth
in this certification are true | ||||||
17 | and correct.
| ||||||
18 | .......................
| ||||||
19 | In the case of a voter with a physical
incapacity, marking | ||||||
20 | a ballot in secret includes marking a ballot with the
| ||||||
21 | assistance of another individual, other than a candidate
whose | ||||||
22 | name appears on the ballot (unless the voter is the spouse or a
| ||||||
23 | parent, child, brother, or sister of the candidate),
the | ||||||
24 | voter's employer, an
agent of that employer, or an officer or | ||||||
25 | agent of the voter's union, when
the voter's physical | ||||||
26 | incapacity necessitates such assistance.
|
| |||||||
| |||||||
1 | In the case of a physically incapacitated voter, marking a | ||||||
2 | ballot in secret includes marking a ballot with the
assistance | ||||||
3 | of another individual, other than a candidate
whose name | ||||||
4 | appears on the ballot (unless the voter is the spouse or a
| ||||||
5 | parent, child, brother, or sister of the candidate), the | ||||||
6 | voter's
employer, an
agent of that employer, or an officer or | ||||||
7 | agent of the voter's union, when
the voter's physical | ||||||
8 | incapacity necessitates such assistance.
| ||||||
9 | Provided, that if the ballot enclosed is to be voted at a | ||||||
10 | primary
election, the certification shall designate the name of | ||||||
11 | the political
party with which the voter is affiliated.
| ||||||
12 | In addition to the above, the election authority shall | ||||||
13 | provide
printed slips giving full instructions regarding the | ||||||
14 | manner of marking
and returning the ballot in order that the | ||||||
15 | same may be counted, and
shall furnish one of such printed | ||||||
16 | slips to each of such applicants at
the same time the ballot is | ||||||
17 | delivered to him.
Such instructions shall include the following | ||||||
18 | statement: "In signing the
certification on the vote by mail | ||||||
19 | absentee ballot envelope, you are attesting that you
personally | ||||||
20 | marked this vote by mail absentee ballot in secret. If you are | ||||||
21 | physically
unable to mark the ballot, a friend or relative may | ||||||
22 | assist you after
completing the enclosed affidavit. Federal and | ||||||
23 | State laws prohibit a
candidate whose name appears on the | ||||||
24 | ballot (unless you
are the spouse or a parent, child, brother, | ||||||
25 | or sister of the candidate), your
employer, your employer's | ||||||
26 | agent or an officer or agent of your union
from assisting |
| |||||||
| |||||||
1 | physically disabled voters."
| ||||||
2 | In addition to the above, if a ballot to be provided to an | ||||||
3 | elector
pursuant to this Section contains a public question | ||||||
4 | described in subsection
(b) of Section 28-6 and the territory | ||||||
5 | concerning which the question is
to be submitted is not | ||||||
6 | described on the ballot due to the space limitations
of such | ||||||
7 | ballot, the election authority shall provide a printed copy of
| ||||||
8 | a notice of the public question, which shall include a | ||||||
9 | description of the
territory in the manner required by Section | ||||||
10 | 16-7. The notice shall be
furnished to the elector at the same | ||||||
11 | time the ballot is delivered to the
elector.
| ||||||
12 | (Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
| ||||||
13 | (10 ILCS 5/19-6) (from Ch. 46, par. 19-6)
| ||||||
14 | Sec. 19-6.
Such vote by mail absent voter shall make and | ||||||
15 | subscribe to the
certifications provided for in the application | ||||||
16 | and on the return
envelope for the ballot, and such ballot or | ||||||
17 | ballots shall be folded by
such voter in the manner required to | ||||||
18 | be folded before depositing the
same in the ballot box, and be | ||||||
19 | deposited in such envelope and the
envelope securely sealed. | ||||||
20 | The voter shall then endorse his certificate
upon the back of | ||||||
21 | the envelope and the envelope shall be mailed in person by
such | ||||||
22 | voter, postage prepaid, to the election authority issuing the | ||||||
23 | ballot or,
if more convenient, it may be delivered in person, | ||||||
24 | by either the voter or
by any person authorized by the voter a | ||||||
25 | spouse, parent, child, brother or sister of the voter , or by a |
| |||||||
| |||||||
1 | company
licensed as a motor carrier of property by the Illinois | ||||||
2 | Commerce Commission
under the Illinois Commercial | ||||||
3 | Transportation Law,
which is engaged in the business of making | ||||||
4 | deliveries.
It shall be unlawful for any person not the voter | ||||||
5 | or a person authorized by the voter , his or her spouse,
parent, | ||||||
6 | child, brother, or sister,
or a representative of a company | ||||||
7 | engaged in the business of making
deliveries to the election | ||||||
8 | authority
to take the ballot and ballot envelope of a
voter for | ||||||
9 | deposit into the mail unless the ballot has been issued | ||||||
10 | pursuant to
application by a physically incapacitated elector | ||||||
11 | under Section
3-3 or a hospitalized voter under Section 19-13, | ||||||
12 | in which case any
employee or person under the direction of the | ||||||
13 | facility in which the elector or
voter is located may deposit | ||||||
14 | the ballot and ballot envelope into the mail.
If an absentee
| ||||||
15 | voter gives his ballot and ballot envelope to a spouse, parent, | ||||||
16 | child,
brother or sister of the voter or to a company which is | ||||||
17 | engaged in the
business of making deliveries for delivery to | ||||||
18 | the election authority, the
voter shall give an authorization | ||||||
19 | form to the person making the delivery.
The person making the | ||||||
20 | delivery shall present the authorization to the
election | ||||||
21 | authority. The authorization shall be in substantially the | ||||||
22 | following
form:
| ||||||
23 | I ............ (absentee voter) authorize ............... | ||||||
24 | to take my ballot
to the office of the election authority.
| ||||||
25 | ....................... ........................
| ||||||
26 | Date Signature of voter
|
| |||||||
| |||||||
1 | ....................... ........................
| ||||||
2 | Hour Address
| ||||||
3 | ....................... ........................
| ||||||
4 | Date Signature of Authorized
| ||||||
5 | Individual
| ||||||
6 | ....................... ........................
| ||||||
7 | Hour Relationship (if any)
| ||||||
8 | (Source: P.A. 89-653, eff. 8-14-96 .)
| ||||||
9 | (10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
| ||||||
10 | Sec. 19-7.
(a) Upon receipt of such vote by mail absent | ||||||
11 | voter's ballot, the election
authority shall forthwith enclose | ||||||
12 | the same unopened, together with the
application made by said | ||||||
13 | vote by mail absent voter in a large or carrier envelope
which | ||||||
14 | shall be securely sealed and endorsed with the name and | ||||||
15 | official
title of such officer and the words, "This envelope | ||||||
16 | contains a vote by mail an absent
voter's ballot and must be | ||||||
17 | opened on election day," together with the number and
| ||||||
18 | description of the precinct in which said ballot is to be | ||||||
19 | voted, and
such officer shall thereafter safely keep the same | ||||||
20 | in his office until
counted by him as provided in the next | ||||||
21 | section.
| ||||||
22 | (b) Within one day after receipt of such vote by mail |
| |||||||
| |||||||
1 | absent voter's ballot, the election authority shall transmit, | ||||||
2 | by electronic means pursuant to a process established by the | ||||||
3 | State Board of Elections, the voter's name, street address, | ||||||
4 | e-mail address, and precinct, ward, township, and district | ||||||
5 | numbers, as the case may be, to the State Board of Elections, | ||||||
6 | which shall maintain those names and that information in an | ||||||
7 | electronic format on its website, arranged by county and | ||||||
8 | accessible to State and local political committees. | ||||||
9 | (Source: P.A. 98-115, eff. 7-29-13.)
| ||||||
10 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||||||
11 | Sec. 19-8. Time and place of counting ballots. | ||||||
12 | (a) (Blank.) | ||||||
13 | (b) Each vote by mail absent voter's ballot returned to an | ||||||
14 | election authority, by any means authorized by this Article, | ||||||
15 | and received by that election authority before the closing of | ||||||
16 | the polls on election day shall be endorsed by the receiving | ||||||
17 | election authority with the day and hour of receipt and may be | ||||||
18 | processed by the election authority beginning on the 7th day | ||||||
19 | before election day shall be counted in the central ballot | ||||||
20 | counting location of the election authority , but the results of | ||||||
21 | the processing may not be counted until on the day of the | ||||||
22 | election after 7:00 p.m., except as provided in subsections (g) | ||||||
23 | and (g-5).
| ||||||
24 | (c) Each vote by mail absent voter's ballot that is mailed | ||||||
25 | to an election authority and postmarked by 7:00 p.m. the |
| |||||||
| |||||||
1 | midnight preceding the opening of the polls on election day, | ||||||
2 | but that is received by the election authority after the polls | ||||||
3 | close on election day and before the close of the period for | ||||||
4 | counting provisional ballots cast at that election, shall be | ||||||
5 | endorsed by the receiving authority with the day and hour of | ||||||
6 | receipt and shall be counted at the central ballot counting | ||||||
7 | location of the election authority during the period for | ||||||
8 | counting provisional ballots. | ||||||
9 | Each vote by mail absent voter's ballot that is mailed to | ||||||
10 | an election authority absent a postmark, but that is received | ||||||
11 | by the election authority after the polls close on election day | ||||||
12 | and before the close of the period for counting provisional | ||||||
13 | ballots cast at that election, shall be endorsed by the | ||||||
14 | receiving authority with the day and hour of receipt, opened to | ||||||
15 | inspect the date inserted on the certification, and, if the | ||||||
16 | certification date is a date preceding the election day and the | ||||||
17 | ballot is otherwise found to be valid under the requirements of | ||||||
18 | this Section, counted at the central ballot counting location | ||||||
19 | of the election authority during the period for counting | ||||||
20 | provisional ballots. Absent a date on the certification, the | ||||||
21 | ballot shall not be counted.
| ||||||
22 | (d) Special write-in vote by mail absentee voter's blank | ||||||
23 | ballots returned to an election authority, by any means | ||||||
24 | authorized by this Article, and received by the election | ||||||
25 | authority at any time before the closing of the polls on | ||||||
26 | election day shall be endorsed by the receiving election |
| |||||||
| |||||||
1 | authority with the day and hour of receipt and shall be counted | ||||||
2 | at the central ballot counting location of the election | ||||||
3 | authority during the same period provided for counting vote by | ||||||
4 | mail absent voters' ballots under subsections (b), (g), and | ||||||
5 | (g-5). Special write-in vote by mail absentee voter's blank | ||||||
6 | ballots that are mailed to an election authority and postmarked | ||||||
7 | by 7:00 p.m. the midnight preceding the opening of the polls on | ||||||
8 | election day, but that are received by the election authority | ||||||
9 | after the polls close on election day and before the closing of | ||||||
10 | the period for counting provisional ballots cast at that | ||||||
11 | election, shall be endorsed by the receiving authority with the | ||||||
12 | day and hour of receipt and shall be counted at the central | ||||||
13 | ballot counting location of the election authority during the | ||||||
14 | same periods provided for counting vote by mail absent voters' | ||||||
15 | ballots under subsection (c). | ||||||
16 | (e) Except as otherwise provided in this Section, vote by | ||||||
17 | mail absent voters' ballots and special write-in vote by mail | ||||||
18 | absentee voter's blank ballots received by the election | ||||||
19 | authority after the closing of the polls on an
election day | ||||||
20 | shall be endorsed by the election authority receiving them
with | ||||||
21 | the day and hour of receipt and shall be safely kept unopened | ||||||
22 | by the
election authority for the period of time required for | ||||||
23 | the preservation of
ballots used at the election, and shall | ||||||
24 | then, without being opened, be
destroyed in like manner as the | ||||||
25 | used ballots of that election.
| ||||||
26 | (f) Counting required under this Section to begin on |
| |||||||
| |||||||
1 | election day after the closing of the polls shall commence no | ||||||
2 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
3 | panels of election judges appointed in the manner provided
by | ||||||
4 | law. The counting shall continue until all vote by mail absent | ||||||
5 | voters' ballots and special write-in vote by mail absentee | ||||||
6 | voter's blank ballots required to be counted on election day | ||||||
7 | have been counted.
| ||||||
8 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
9 | Code shall apply to all ballots counted under
this Section. In | ||||||
10 | addition, within 2 days after a vote by mail an absentee | ||||||
11 | ballot , other than an in-person absentee ballot, is received, | ||||||
12 | but in all cases before the close of the period for counting | ||||||
13 | provisional ballots, the election judge or official shall | ||||||
14 | compare the voter's signature on the certification envelope of | ||||||
15 | that vote by mail absentee ballot with the signature of the | ||||||
16 | voter on file in the office of the election authority. If the | ||||||
17 | election judge or official determines that the 2 signatures | ||||||
18 | match, and that the vote by mail absentee voter is otherwise | ||||||
19 | qualified to cast a vote by mail an absentee ballot, the | ||||||
20 | election authority shall cast and count the ballot on election | ||||||
21 | day or the day the ballot is determined to be valid, whichever | ||||||
22 | is later, adding the results to the precinct in which the voter | ||||||
23 | is registered. If the election judge or official determines | ||||||
24 | that the signatures do not match, or that the vote by mail | ||||||
25 | absentee voter is not qualified to cast a vote by mail an | ||||||
26 | absentee ballot, then without opening the certification |
| |||||||
| |||||||
1 | envelope, the judge or official shall mark across the face of | ||||||
2 | the certification envelope the word "Rejected" and shall not | ||||||
3 | cast or count the ballot. | ||||||
4 | In addition to the voter's signatures not matching, a vote | ||||||
5 | by mail an absentee ballot may be rejected by the election | ||||||
6 | judge or official: | ||||||
7 | (1) if the ballot envelope is open or has been opened | ||||||
8 | and resealed; | ||||||
9 | (2) if the voter has already cast an early or grace | ||||||
10 | period ballot; | ||||||
11 | (3) if the voter voted in person on election day or the | ||||||
12 | voter is not a duly registered voter in the precinct; or | ||||||
13 | (4) on any other basis set forth in this Code. | ||||||
14 | If the election judge or official determines that any of | ||||||
15 | these reasons apply, the judge or official shall mark across | ||||||
16 | the face of the certification envelope the word "Rejected" and | ||||||
17 | shall not cast or count the ballot.
| ||||||
18 | (g-5) If a vote by mail an absentee ballot , other than an | ||||||
19 | in-person absentee ballot, is rejected by the election judge or | ||||||
20 | official for any reason, the election authority shall, within 2 | ||||||
21 | days after the rejection but in all cases before the close of | ||||||
22 | the period for counting provisional ballots, notify the vote by | ||||||
23 | mail absentee voter that his or her ballot was rejected. The | ||||||
24 | notice shall inform the voter of the reason or reasons the | ||||||
25 | ballot was rejected and shall state that the voter may appear | ||||||
26 | before the election authority, on or before the 14th day after |
| |||||||
| |||||||
1 | the election, to show cause as to why the ballot should not be | ||||||
2 | rejected. The voter may present evidence to the election | ||||||
3 | authority supporting his or her contention that the ballot | ||||||
4 | should be counted. The election authority shall appoint a panel | ||||||
5 | of 3 election judges to review the contested ballot, | ||||||
6 | application, and certification envelope, as well as any | ||||||
7 | evidence submitted by the vote by mail absentee voter. No more | ||||||
8 | than 2 election judges on the reviewing panel shall be of the | ||||||
9 | same political party. The reviewing panel of election judges | ||||||
10 | shall make a final determination as to the validity of the | ||||||
11 | contested vote by mail absentee ballot. The judges' | ||||||
12 | determination shall not be reviewable either administratively | ||||||
13 | or judicially. | ||||||
14 | A vote by mail An absentee ballot subject to this | ||||||
15 | subsection that is determined to be valid shall be counted | ||||||
16 | before the close of the period for counting provisional | ||||||
17 | ballots.
| ||||||
18 | (g-10) All vote by mail absentee ballots determined to be | ||||||
19 | valid shall be added to the vote totals for the precincts for | ||||||
20 | which they were cast in the order in which the ballots were | ||||||
21 | opened.
| ||||||
22 | (h) Each political party, candidate, and qualified civic | ||||||
23 | organization shall be entitled to have present one pollwatcher | ||||||
24 | for each panel of election judges therein assigned.
| ||||||
25 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | ||||||
26 | 95-699, eff. 11-9-07.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
| ||||||
2 | Sec. 19-10. Pollwatchers may be appointed to observe early | ||||||
3 | in-person absentee
voting procedures and view all reasonably | ||||||
4 | requested records relating to the conduct of the election, | ||||||
5 | provided the secrecy of the ballot is not impinged, at the | ||||||
6 | office of the election authority as well as at
municipal, | ||||||
7 | township or road district clerks' offices where such early | ||||||
8 | absentee
voting is conducted. Such pollwatchers shall qualify | ||||||
9 | and be appointed in
the same manner as provided in Sections | ||||||
10 | 7-34 and 17-23, except each
candidate, political party or | ||||||
11 | organization of citizens may appoint only one
pollwatcher for | ||||||
12 | each location where early in-person absentee voting is | ||||||
13 | conducted.
Pollwatchers must be registered to vote in Illinois | ||||||
14 | and possess valid
pollwatcher credentials.
| ||||||
15 | In the polling place on election day, pollwatchers shall be | ||||||
16 | permitted
to be present during the casting of the vote by mail | ||||||
17 | absent voters' ballots and the vote
of any vote by mail absent | ||||||
18 | voter may be challenged for cause the same as if he were
| ||||||
19 | present and voted in person, and the judges of the election or | ||||||
20 | a majority
thereof shall have power and authority to hear and | ||||||
21 | determine the legality
of such ballot; Provided, however, that | ||||||
22 | if a challenge to any vote by mail absent
voter's right to vote | ||||||
23 | is sustained, notice of the same must be given by the
judges of | ||||||
24 | election by mail addressed to the voter's place of residence.
| ||||||
25 | Where certain vote by mail absent voters' ballots are |
| |||||||
| |||||||
1 | counted on the day of the election
in the office of the | ||||||
2 | election authority as provided in Section 19-8 of this
Act, | ||||||
3 | each political party, candidate and qualified civic | ||||||
4 | organization shall
be entitled to have present one pollwatcher | ||||||
5 | for each panel of election judges
therein assigned. Such | ||||||
6 | pollwatchers shall be subject to the same provisions
as are | ||||||
7 | provided for pollwatchers in Sections 7-34 and 17-23 of this | ||||||
8 | Code,
and shall be permitted to observe the election judges | ||||||
9 | making the signature
comparison between that which is on the | ||||||
10 | ballot envelope and that which is
on the permanent voter | ||||||
11 | registration record card taken from the master file.
| ||||||
12 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
| ||||||
13 | (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
| ||||||
14 | Sec. 19-12.1.
Any qualified elector who has secured an | ||||||
15 | Illinois
Person with a Disability Identification Card in | ||||||
16 | accordance with the Illinois
Identification Card Act, | ||||||
17 | indicating that the person named thereon has a Class
1A or | ||||||
18 | Class 2 disability or any qualified voter who has a permanent | ||||||
19 | physical
incapacity of such a nature as to make it improbable | ||||||
20 | that he will be
able to be present at the polls at any future | ||||||
21 | election, or any
voter who is a resident of (i) a federally | ||||||
22 | operated veterans' home, hospital, or facility located in | ||||||
23 | Illinois or (ii) a facility licensed or certified pursuant to
| ||||||
24 | the Nursing Home Care Act, the Specialized Mental Health | ||||||
25 | Rehabilitation Act of 2013, or the ID/DD Community Care Act and |
| |||||||
| |||||||
1 | has a condition or disability of
such a nature as to make it | ||||||
2 | improbable that he will be able to be present
at the polls at | ||||||
3 | any future election, may secure a disabled voter's or
nursing | ||||||
4 | home resident's identification card, which will enable him to | ||||||
5 | vote
under this Article as a physically incapacitated or | ||||||
6 | nursing home voter. For the purposes of this Section, | ||||||
7 | "federally operated veterans' home, hospital, or facility" | ||||||
8 | means the long-term care facilities at the Jesse Brown VA | ||||||
9 | Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||||||
10 | VA Hospital, Marion VA Medical Center, and Captain James A. | ||||||
11 | Lovell Federal Health Care Center.
| ||||||
12 | Application for a disabled voter's or nursing home | ||||||
13 | resident's
identification card shall be made either: (a) in | ||||||
14 | writing, with voter's
sworn affidavit, to the county clerk or | ||||||
15 | board of election commissioners, as
the case may be, and shall | ||||||
16 | be accompanied
by the affidavit of the attending physician | ||||||
17 | specifically describing the
nature of the physical incapacity | ||||||
18 | or the fact that the voter is a nursing
home resident and is | ||||||
19 | physically unable to be present at the polls on election
days; | ||||||
20 | or (b) by presenting, in writing or otherwise, to the county | ||||||
21 | clerk
or board of election commissioners, as the case may be, | ||||||
22 | proof that the
applicant has secured an Illinois Person with a | ||||||
23 | Disability Identification Card
indicating that the person | ||||||
24 | named thereon has a Class 1A or Class 2 disability.
Upon the | ||||||
25 | receipt of either the sworn-to
application and the physician's | ||||||
26 | affidavit or proof that the applicant has
secured an Illinois |
| |||||||
| |||||||
1 | Person with a Disability Identification Card indicating that | ||||||
2 | the
person named thereon has a Class 1A or Class 2 disability, | ||||||
3 | the county clerk
or board of election commissioners shall issue | ||||||
4 | a disabled voter's or
nursing home resident's identification
| ||||||
5 | card. Such identification cards shall be issued for a
period of | ||||||
6 | 5 years, upon the expiration of which time the voter may
secure | ||||||
7 | a new card by making application in the same manner as is
| ||||||
8 | prescribed for the issuance of an original card, accompanied by | ||||||
9 | a new
affidavit of the attending physician. The date of | ||||||
10 | expiration of such
five-year period shall be made known to any | ||||||
11 | interested person by the
election authority upon the request of | ||||||
12 | such person. Applications for the
renewal of the identification | ||||||
13 | cards shall be mailed to the voters holding
such cards not less | ||||||
14 | than 3 months prior to the date of expiration of the cards.
| ||||||
15 | Each disabled voter's or nursing home resident's | ||||||
16 | identification card
shall bear an identification number, which | ||||||
17 | shall be clearly noted on the voter's
original and duplicate | ||||||
18 | registration record cards. In the event the
holder becomes | ||||||
19 | physically capable of resuming normal voting, he must
surrender | ||||||
20 | his disabled voter's or nursing home resident's identification
| ||||||
21 | card to the county clerk or board of election commissioners | ||||||
22 | before the next election.
| ||||||
23 | The holder of a disabled voter's or nursing home resident's
| ||||||
24 | identification card may make application by mail for an | ||||||
25 | official ballot
within the time prescribed by Section 19-2. | ||||||
26 | Such application shall contain
the same information as is
|
| |||||||
| |||||||
1 | included in the form of application for ballot by a physically
| ||||||
2 | incapacitated elector prescribed in Section 19-3 except that it | ||||||
3 | shall
also include the applicant's disabled voter's | ||||||
4 | identification card number
and except that it need not be sworn | ||||||
5 | to. If an examination of the records
discloses that the | ||||||
6 | applicant is lawfully entitled to vote, he shall be
mailed a | ||||||
7 | ballot as provided in Section 19-4. The ballot envelope shall
| ||||||
8 | be the same as that prescribed in Section 19-5 for physically | ||||||
9 | disabled
voters, and the manner of voting and returning the | ||||||
10 | ballot shall be the
same as that provided in this Article for | ||||||
11 | other vote by mail absentee ballots, except
that a statement to | ||||||
12 | be subscribed to by the voter but which need not be
sworn to | ||||||
13 | shall be placed on the ballot envelope in lieu of the affidavit
| ||||||
14 | prescribed by Section 19-5.
| ||||||
15 | Any person who knowingly subscribes to a false statement in
| ||||||
16 | connection with voting under this Section shall be guilty of a | ||||||
17 | Class A
misdemeanor.
| ||||||
18 | For the purposes of this Section, "nursing home resident" | ||||||
19 | includes a resident of (i) a federally operated veterans' home, | ||||||
20 | hospital, or facility located in Illinois or (ii) a facility | ||||||
21 | licensed under the ID/DD Community Care Act or the Specialized | ||||||
22 | Mental Health Rehabilitation Act of 2013. For the purposes of | ||||||
23 | this Section, "federally operated veterans' home, hospital, or | ||||||
24 | facility" means the long-term care facilities at the Jesse | ||||||
25 | Brown VA Medical Center, Illiana Health Care System, Edward | ||||||
26 | Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain |
| |||||||
| |||||||
1 | James A. Lovell Federal Health Care Center. | ||||||
2 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, | ||||||
3 | eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13; | ||||||
4 | 98-104, eff. 7-22-13.)
| ||||||
5 | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2)
| ||||||
6 | Sec. 19-12.2. Voting by physically incapacitated electors | ||||||
7 | who have made
proper application to the election authority not | ||||||
8 | later than 5 days before
the regular primary and general | ||||||
9 | election of 1980 and before each election
thereafter shall be | ||||||
10 | conducted on the premises of (i) federally operated veterans' | ||||||
11 | homes, hospitals, and facilities located in Illinois or (ii) | ||||||
12 | facilities licensed or
certified pursuant to the Nursing Home | ||||||
13 | Care Act, the Specialized Mental Health Rehabilitation Act of | ||||||
14 | 2013, or the ID/DD Community Care Act for the sole benefit of
| ||||||
15 | residents of such homes, hospitals, and facilities. For the | ||||||
16 | purposes of this Section, "federally operated veterans' home, | ||||||
17 | hospital, or facility" means the long-term care facilities at | ||||||
18 | the Jesse Brown VA Medical Center, Illiana Health Care System, | ||||||
19 | Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and | ||||||
20 | Captain James A. Lovell Federal Health Care Center. Such voting | ||||||
21 | shall be conducted during any
continuous period sufficient to | ||||||
22 | allow all applicants to cast their ballots
between the hours of | ||||||
23 | 9 a.m. and 7 p.m. either on the Friday, Saturday, Sunday
or | ||||||
24 | Monday immediately preceding the regular election. This vote by | ||||||
25 | mail absentee voting on
one of said days designated by the |
| |||||||
| |||||||
1 | election authority shall be supervised by
two election judges | ||||||
2 | who must be selected by the election authority in the
following | ||||||
3 | order of priority: (1) from the panel of judges appointed for | ||||||
4 | the
precinct in which such home, hospital, or facility is | ||||||
5 | located, or from a panel of judges appointed
for any other | ||||||
6 | precinct within the jurisdiction of the election authority in | ||||||
7 | the
same ward or township, as the case may be, in which the | ||||||
8 | home, hospital, or facility is located or,
only in the case | ||||||
9 | where a judge or judges from the precinct, township or ward
are | ||||||
10 | unavailable to serve, (3) from a panel of judges appointed for | ||||||
11 | any other
precinct within the jurisdiction of the election | ||||||
12 | authority. The two judges
shall be from different political | ||||||
13 | parties. Not less than 30 days before each
regular election, | ||||||
14 | the election authority shall have arranged with the chief
| ||||||
15 | administrative officer of each home, hospital, or facility in | ||||||
16 | his or its election jurisdiction a
mutually convenient time | ||||||
17 | period on the Friday, Saturday, Sunday or Monday
immediately | ||||||
18 | preceding the election for such voting on the premises of the | ||||||
19 | home, hospital, or
facility and shall post in a prominent place | ||||||
20 | in his or its office a notice of
the agreed day and time period | ||||||
21 | for conducting such voting at each home, hospital, or facility;
| ||||||
22 | provided that the election authority shall not later than noon | ||||||
23 | on the Thursday
before the election also post the names and | ||||||
24 | addresses of those homes, hospitals, and facilities from
which | ||||||
25 | no applications were received and in which no supervised vote | ||||||
26 | by mail absentee voting
will be conducted. All provisions of |
| |||||||
| |||||||
1 | this Code applicable to pollwatchers
shall be applicable | ||||||
2 | herein. To the maximum extent feasible, voting booths or
| ||||||
3 | screens shall be provided to insure the privacy of the voter. | ||||||
4 | Voting procedures
shall be as described in Article 17 of this | ||||||
5 | Code, except that ballots shall be
treated as vote by mail | ||||||
6 | absentee ballots and shall not be counted until the close of | ||||||
7 | the
polls on the following day. After the last voter has | ||||||
8 | concluded voting, the
judges shall seal the ballots in an | ||||||
9 | envelope and affix their signatures across
the flap of the | ||||||
10 | envelope. Immediately thereafter, the judges
shall bring the | ||||||
11 | sealed envelope to the office of the election authority
who | ||||||
12 | shall deliver such ballots to the election authority's central | ||||||
13 | ballot counting location prior to
the closing of the polls on | ||||||
14 | the day of election. The judges of election shall
also report | ||||||
15 | to the election authority the name of any applicant in the | ||||||
16 | home, hospital, or facility
who, due to unforeseen circumstance | ||||||
17 | or condition or because
of a religious holiday, was unable to | ||||||
18 | vote. In this event, the election
authority may appoint a | ||||||
19 | qualified person from his or its staff to deliver
the ballot to | ||||||
20 | such applicant on the day of election. This staff person
shall | ||||||
21 | follow the same procedures prescribed for judges conducting | ||||||
22 | vote by mail absentee
voting in such homes, hospitals, or | ||||||
23 | facilities and shall return the ballot to the central ballot | ||||||
24 | counting location before the polls close. However, if the home, | ||||||
25 | hospital, or facility from
which the application was made is | ||||||
26 | also used as a regular precinct polling place
for that voter, |
| |||||||
| |||||||
1 | voting procedures heretofore prescribed may be implemented by 2
| ||||||
2 | of the election judges of opposite party affiliation assigned | ||||||
3 | to that polling
place during the hours of voting on the day of | ||||||
4 | the election. Judges of election
shall be compensated not less | ||||||
5 | than $25.00 for conducting vote by mail absentee voting in
such | ||||||
6 | homes, hospitals, or facilities.
| ||||||
7 | Not less than 120 days before each regular election, the | ||||||
8 | Department
of Public Health shall certify to the State Board of | ||||||
9 | Elections a list of
the facilities licensed or certified | ||||||
10 | pursuant to the Nursing Home Care
Act, the Specialized Mental | ||||||
11 | Health Rehabilitation Act of 2013, or the ID/DD Community Care | ||||||
12 | Act. The lists shall indicate the approved bed capacity and the | ||||||
13 | name of
the chief administrative officer of each such home, | ||||||
14 | hospital, or facility, and the State Board
of Elections shall | ||||||
15 | certify the same to the appropriate election authority
within | ||||||
16 | 20 days thereafter.
| ||||||
17 | (Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275, | ||||||
18 | eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
| ||||||
19 | (10 ILCS 5/19-13) (from Ch. 46, par. 19-13)
| ||||||
20 | Sec. 19-13. Any qualified voter who has been admitted to a | ||||||
21 | hospital, nursing home, or rehabilitation center
due to an | ||||||
22 | illness or physical injury not more than 14 days before an | ||||||
23 | election
shall be entitled to personal delivery of a vote by | ||||||
24 | mail an absentee ballot in the hospital, nursing home, or | ||||||
25 | rehabilitation center
subject to the following conditions:
|
| |||||||
| |||||||
1 | (1) The voter completes the Application for Physically | ||||||
2 | Incapacitated
Elector as provided in Section 19-3, stating as | ||||||
3 | reasons therein that he is
a patient in ............... (name | ||||||
4 | of hospital/home/center), ............... located
at, | ||||||
5 | ............... (address of hospital/home/center), | ||||||
6 | ............... (county,
city/village), was admitted for | ||||||
7 | ............... (nature of illness or
physical injury), on | ||||||
8 | ............... (date of admission), and does not
expect to be | ||||||
9 | released from the hospital/home/center on or before the day of | ||||||
10 | election or, if released, is expected to be homebound on the | ||||||
11 | day of the election and unable to travel to the polling place.
| ||||||
12 | (2) The voter's physician completes a Certificate of | ||||||
13 | Attending Physician
in a form substantially as follows:
| ||||||
14 | CERTIFICATE OF ATTENDING PHYSICIAN
| ||||||
15 | I state that I am a physician, duly licensed to practice in | ||||||
16 | the State of
.........; that .......... is a patient in | ||||||
17 | .......... (name of hospital/home/center),
located at | ||||||
18 | ............. (address of hospital/home/center), | ||||||
19 | ................. (county,
city/village); that such individual | ||||||
20 | was admitted for ............. (nature
of illness or physical | ||||||
21 | injury), on ............ (date of admission); and
that I have | ||||||
22 | examined such individual in the State in which I am licensed
to | ||||||
23 | practice medicine and do not expect such individual to be | ||||||
24 | released from
the hospital/home/center on or before the day of | ||||||
25 | election or, if released, to be able to travel to the polling | ||||||
26 | place on election day.
|
| |||||||
| |||||||
1 | Under penalties as provided by law pursuant to Section | ||||||
2 | 29-10 of The Election
Code, the undersigned certifies that the | ||||||
3 | statements set forth in this
certification are true and | ||||||
4 | correct.
| ||||||
5 | (Signature) ...............
| ||||||
6 | (Date licensed) ............
| ||||||
7 | (3) Any person who is registered to vote in the same | ||||||
8 | precinct as the admitted voter or any legal relative of the | ||||||
9 | admitted voter may
present such voter's vote by mail absentee | ||||||
10 | ballot application, completed as prescribed
in paragraph 1, | ||||||
11 | accompanied by the physician's certificate, completed as
| ||||||
12 | prescribed in paragraph 2, to the election authority.
Such | ||||||
13 | precinct voter or relative shall execute and sign an affidavit | ||||||
14 | furnished
by the election authority attesting that he is a | ||||||
15 | registered voter in the
same precinct as the admitted voter or | ||||||
16 | that he is a legal relative of
the admitted voter and stating | ||||||
17 | the nature of the
relationship. Such precinct voter or relative | ||||||
18 | shall further attest that
he has been authorized by the | ||||||
19 | admitted voter to obtain his or her vote by mail absentee | ||||||
20 | ballot
from the election authority and deliver such ballot to | ||||||
21 | him in the hospital, home, or center.
| ||||||
22 | Upon receipt of the admitted voter's application, | ||||||
23 | physician's
certificate, and the affidavit of the precinct | ||||||
24 | voter or the relative, the
election authority shall examine the | ||||||
25 | registration records to determine if
the applicant is qualified | ||||||
26 | to vote and, if found to be qualified, shall
provide the |
| |||||||
| |||||||
1 | precinct voter or the relative the vote by mail absentee ballot | ||||||
2 | for delivery
to the applicant.
| ||||||
3 | Upon receipt of the vote by mail absentee ballot, the | ||||||
4 | admitted voter shall mark the
ballot in secret and subscribe to | ||||||
5 | the certifications on the vote by mail absentee ballot
return | ||||||
6 | envelope. After depositing the ballot in the return envelope | ||||||
7 | and
securely sealing the envelope, such voter shall give the | ||||||
8 | envelope to the
precinct voter or the relative who shall | ||||||
9 | deliver it to the election authority
in sufficient time for the | ||||||
10 | ballot to be delivered by the election authority
to the | ||||||
11 | election authority's central ballot counting location
before 7 | ||||||
12 | p.m. on election day.
| ||||||
13 | Upon receipt of the admitted voter's vote by mail absentee | ||||||
14 | ballot,
the ballot shall be counted in the manner prescribed in | ||||||
15 | this Article.
| ||||||
16 | (Source: P.A. 94-18, eff. 6-14-05; 94-1000, eff. 7-3-06; | ||||||
17 | 95-878, eff. 1-1-09.)
| ||||||
18 | (10 ILCS 5/19-15)
| ||||||
19 | Sec. 19-15. Precinct tabulation optical scan technology
| ||||||
20 | voting equipment. If the election authority has adopted the use | ||||||
21 | of Precinct
Tabulation Optical Scan Technology voting | ||||||
22 | equipment pursuant to
Article 24B of this Code, and the | ||||||
23 | provisions of the Article are
in conflict with the provisions | ||||||
24 | of this Article 19, the
provisions of Article 24B shall govern | ||||||
25 | the procedures followed by
the election authority, its judges |
| |||||||
| |||||||
1 | of elections, and all
employees and agents, provided that vote | ||||||
2 | by mail absentee ballots are counted at the election | ||||||
3 | authority's central ballot counting location. In following the | ||||||
4 | provisions of
Article 24B, the election authority is authorized | ||||||
5 | to develop and
implement procedures to fully utilize Precinct | ||||||
6 | Tabulation Optical
Scan Technology voting equipment, at the | ||||||
7 | central ballot counting location, authorized by the State Board | ||||||
8 | of
Elections as long as the procedure is not in conflict with
| ||||||
9 | either Article 24B or the administrative rules of the State | ||||||
10 | Board
of Elections.
| ||||||
11 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
12 | (10 ILCS 5/19-20)
| ||||||
13 | Sec. 19-20. Report on vote by mail absentee ballots. This | ||||||
14 | Section applies to vote by mail absentee ballots other than | ||||||
15 | in-person absentee ballots . | ||||||
16 | On or before the 21st day after an election, each election | ||||||
17 | authority shall transmit to the State Board of Elections the | ||||||
18 | following information with respect to that election: | ||||||
19 | (1) The number, by precinct, of vote by mail absentee | ||||||
20 | ballots requested, provided, and counted. | ||||||
21 | (2) The number of rejected vote by mail absentee | ||||||
22 | ballots. | ||||||
23 | (3) The number of voters seeking review of rejected | ||||||
24 | vote by mail absentee ballots pursuant to subsection (g-5) | ||||||
25 | of Section 19-8. |
| |||||||
| |||||||
1 | (4) The number of vote by mail absentee ballots counted | ||||||
2 | following review pursuant to subsection (g-5) of Section | ||||||
3 | 19-8. | ||||||
4 | On or before the 28th day after an election, the State Board of | ||||||
5 | Elections shall compile the information received under this | ||||||
6 | Section with respect to that election and make that information | ||||||
7 | available to the public.
| ||||||
8 | (Source: P.A. 94-1000, eff. 7-3-06.)
| ||||||
9 | (10 ILCS 5/19A-10)
| ||||||
10 | Sec. 19A-10. Permanent polling places for early voting.
| ||||||
11 | (a) An election authority may establish permanent polling | ||||||
12 | places for early
voting by personal appearance at locations | ||||||
13 | throughout the election authority's
jurisdiction, including | ||||||
14 | but not limited to a municipal clerk's office, a township | ||||||
15 | clerk's office, a road district clerk's office, or a county or | ||||||
16 | local public agency office. Except as otherwise provided in | ||||||
17 | subsection (b), any person
entitled to vote early by personal | ||||||
18 | appearance may do so at any polling place
established for early | ||||||
19 | voting.
| ||||||
20 | (b) If it is impractical for the election authority to | ||||||
21 | provide at each
polling place for early voting a ballot in | ||||||
22 | every form required in the election
authority's jurisdiction, | ||||||
23 | the election authority may:
| ||||||
24 | (1) provide appropriate forms of ballots to the office | ||||||
25 | of the municipal
clerk in a municipality not having a board |
| |||||||
| |||||||
1 | of election commissioners; the
township clerk; or in | ||||||
2 | counties not under township organization, the road
| ||||||
3 | district clerk; and
| ||||||
4 | (2) limit voting at that polling place to registered | ||||||
5 | voters in that
municipality, ward or group of wards, | ||||||
6 | township, or road district.
| ||||||
7 | If the early voting polling place does not have the correct | ||||||
8 | ballot form for a person seeking to vote early, the election | ||||||
9 | judge or election official conducting early voting at that | ||||||
10 | polling place shall inform the person of that fact, give the | ||||||
11 | person the appropriate telephone number of the election | ||||||
12 | authority in order to locate an early voting polling place with | ||||||
13 | the correct ballot form for use in that person's assigned | ||||||
14 | precinct, and instruct the person to go to the proper early | ||||||
15 | voting polling place to vote early.
| ||||||
16 | (c) During each general primary and general election, each | ||||||
17 | election authority in a county with a population over 250,000 | ||||||
18 | shall establish at least one permanent polling place for early | ||||||
19 | voting by personal appearance at a location within each of the | ||||||
20 | 3 largest municipalities within its jurisdiction. If any of the | ||||||
21 | 3 largest municipalities is over 80,000, the election authority | ||||||
22 | shall establish at least 2 permanent polling places within the | ||||||
23 | municipality. All population figures shall be determined by the | ||||||
24 | federal census.
| ||||||
25 | (d) During each general primary and general election, each | ||||||
26 | board of election commissioners established under Article 6 of |
| |||||||
| |||||||
1 | this Code in any city, village, or incorporated town with a | ||||||
2 | population over 100,000 shall establish at least 2 permanent | ||||||
3 | polling places for early voting by personal appearance. All | ||||||
4 | population figures shall be determined by the federal census. | ||||||
5 | (e) During each general primary and general election, each | ||||||
6 | election authority in a county with a population of over | ||||||
7 | 100,000 but under 250,000 persons shall establish at least one | ||||||
8 | permanent polling place for early voting by personal | ||||||
9 | appearance. The location for early voting may be the election | ||||||
10 | authority's main office or another location designated by the | ||||||
11 | election authority. The election authority may designate | ||||||
12 | additional sites for early voting by personal appearance. All | ||||||
13 | population figures shall be determined by the federal census.
| ||||||
14 | (f) No permanent polling place required by this Section | ||||||
15 | shall be located within 1,500 feet from another permanent | ||||||
16 | polling place required by this Section. | ||||||
17 | (Source: P.A. 98-691, eff. 7-1-14.)
| ||||||
18 | (10 ILCS 5/19A-15)
| ||||||
19 | Sec. 19A-15. Period for early voting; hours.
| ||||||
20 | (a) The period for early voting by personal appearance | ||||||
21 | begins the 40th 15th day preceding a general primary, | ||||||
22 | consolidated primary, consolidated, or
general election and | ||||||
23 | extends through the end of the 3rd day before election day , | ||||||
24 | except that for the 2014 general election the period for early | ||||||
25 | voting by personal appearance shall extend through the 2nd day |
| |||||||
| |||||||
1 | before election day .
| ||||||
2 | (b) Except as otherwise provided by this Section, a | ||||||
3 | permanent polling place for early voting must remain open | ||||||
4 | beginning the 15th day before an election through the end of | ||||||
5 | the day before election day during the
hours of 8:30 a.m. to | ||||||
6 | 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays , except that | ||||||
7 | beginning 8 days before election day, a permanent polling place | ||||||
8 | for early voting must remain open during the hours of 8:30 a.m. | ||||||
9 | to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and
9:00 a.m. to 12:00 | ||||||
10 | p.m. on Saturdays and holidays, and 10:00 a.m. to 4 p.m. 12:00 | ||||||
11 | p.m. to 3:00 p.m. on Sundays; except that, in addition to the | ||||||
12 | hours required by this subsection, a permanent early voting | ||||||
13 | polling place designated by an election authority under | ||||||
14 | subsections subsection (c) , (d), and (e) of Section 19A-10 must | ||||||
15 | remain open for a total of at least 8 hours on any holiday | ||||||
16 | during the early voting period and a total of at least 14 hours | ||||||
17 | on the final weekend during the early voting period. For the | ||||||
18 | 2014 general election, a permanent polling place for early | ||||||
19 | voting must remain open during the hours of 8:30 a.m. to 4:30 | ||||||
20 | p.m. or 9:00 a.m. to 5:00 p.m. on weekdays, except that | ||||||
21 | beginning 8 days before election day, a permanent polling place | ||||||
22 | for early voting must remain open during the hours of 8:30 a.m. | ||||||
23 | to 7:00 p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general | ||||||
24 | election, a permanent polling place for early voting shall | ||||||
25 | remain open during the hours of 9:00 a.m. to 12:00 p.m. on | ||||||
26 | Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays; except that, |
| |||||||
| |||||||
1 | in addition to the hours required by this subsection (b), a | ||||||
2 | permanent early voting place designated by an election | ||||||
3 | authority under subsection (c) of Section 19A-10 must remain | ||||||
4 | open for a total of at least 14 hours on the final weekend | ||||||
5 | during the early voting period.
| ||||||
6 | (c) Notwithstanding subsections (a) and (b), an election | ||||||
7 | authority may close an early voting polling place if the | ||||||
8 | building in which the polling place is located has been closed | ||||||
9 | by the State or unit of local government in response to a | ||||||
10 | severe weather emergency or other force majeure . In the event | ||||||
11 | of a closure, the election authority shall conduct early voting | ||||||
12 | on the 2nd day before election day from 8:30 a.m. to 4:30 p.m. | ||||||
13 | or 9:00 a.m. to 5:00 p.m. The election authority shall notify | ||||||
14 | the State Board of Elections of any closure and shall make | ||||||
15 | reasonable efforts to provide notice to the public of an | ||||||
16 | alternative location for early voting the extended early voting | ||||||
17 | period . | ||||||
18 | (d) Notwithstanding subsections (a) and (b), in 2013 only, | ||||||
19 | an election authority may close an early voting place on Good | ||||||
20 | Friday, Holy Saturday, and Easter Sunday, provided that the | ||||||
21 | early voting place remains open 2 hours later on April 3, 4, | ||||||
22 | and 5 of 2013. The election authority shall notify the State | ||||||
23 | Board of Elections of any closure and shall provide notice to | ||||||
24 | the public of the closure and the extended hours during the | ||||||
25 | final week. | ||||||
26 | (Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, |
| |||||||
| |||||||
1 | eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
| ||||||
2 | (10 ILCS 5/19A-25)
| ||||||
3 | Sec. 19A-25. Schedule of locations and times for early | ||||||
4 | voting.
| ||||||
5 | (a) The election authority shall publish during the week | ||||||
6 | before the period
for early voting and at least once each week | ||||||
7 | during the period for early voting
in a newspaper of general | ||||||
8 | circulation in the election authority's jurisdiction
a | ||||||
9 | schedule stating:
| ||||||
10 | (1) the location of each permanent and temporary | ||||||
11 | polling place for early
voting and the precincts served by | ||||||
12 | each location; and
| ||||||
13 | (2) the dates and hours that early voting will be | ||||||
14 | conducted at each
location.
| ||||||
15 | (b) The election authority shall post a copy of the | ||||||
16 | schedule at any office
or other location that is to be used as | ||||||
17 | a polling place for early voting. The
schedule must be posted | ||||||
18 | continuously for a period beginning not later than the
5th day | ||||||
19 | before the first day of the
period for early voting by personal | ||||||
20 | appearance and ending on the last day of
that period.
| ||||||
21 | (c) The election authority must make copies of the schedule | ||||||
22 | available to the
public in reasonable quantities without charge | ||||||
23 | during the period of posting.
| ||||||
24 | (d) If the election authority maintains a website, it shall | ||||||
25 | make the schedule available on its website.
|
| |||||||
| |||||||
1 | (e) No additional polling places for early voting may be | ||||||
2 | established after
the schedule is published under this Section.
| ||||||
3 | (f) At least 10 business days before the period for early | ||||||
4 | voting begins, each election authority shall provide the State | ||||||
5 | Board of Elections with a list of all early voting sites and | ||||||
6 | the hours each site will be open. | ||||||
7 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
8 | (10 ILCS 5/19A-35)
| ||||||
9 | Sec. 19A-35. Procedure for voting.
| ||||||
10 | (a) Not more than 23 days before the start of the election, | ||||||
11 | the county clerk
shall make available to the election official | ||||||
12 | conducting early voting by
personal
appearance a sufficient | ||||||
13 | number of early ballots, envelopes, and printed voting
| ||||||
14 | instruction slips for the use of early voters. The election | ||||||
15 | official shall
receipt for all ballots received and shall | ||||||
16 | return unused or spoiled ballots at
the close of the early | ||||||
17 | voting period to the county clerk and must strictly
account for | ||||||
18 | all ballots received. The ballots delivered to the election
| ||||||
19 | official must include early ballots for each precinct in the | ||||||
20 | election
authority's jurisdiction and must include separate | ||||||
21 | ballots for each political
subdivision conducting an election | ||||||
22 | of officers or a referendum at that
election.
| ||||||
23 | (b) In conducting early voting under this Article, the | ||||||
24 | election judge or official is
required to verify the signature | ||||||
25 | of the early voter by comparison with the
signature on the
|
| |||||||
| |||||||
1 | official registration card, and the judge or official must | ||||||
2 | verify (i) the identity
of the applicant, (ii) that the | ||||||
3 | applicant is a registered voter, (iii) the
precinct in which | ||||||
4 | the applicant is registered, and (iv) the proper ballots of
the | ||||||
5 | political subdivision in which the applicant resides and is | ||||||
6 | entitled to
vote before providing an early ballot to the | ||||||
7 | applicant. The Except for during the 2014 general election, the | ||||||
8 | applicant's identity must be verified by the applicant's | ||||||
9 | presentation of an Illinois driver's license, a non-driver | ||||||
10 | identification card issued by the Illinois Secretary of State, | ||||||
11 | a photo identification card issued by a university or college, | ||||||
12 | or another government-issued identification document | ||||||
13 | containing the applicant's photograph. The election judge or | ||||||
14 | official
must verify the applicant's registration from the most | ||||||
15 | recent poll list
provided by the
election authority, and if the | ||||||
16 | applicant is not listed on that poll list, by
telephoning the | ||||||
17 | office of the election authority.
| ||||||
18 | (b-5) A person requesting an early voting ballot to whom a | ||||||
19 | vote by mail an absentee ballot was issued may vote early if | ||||||
20 | the person submits that vote by mail absentee ballot to the | ||||||
21 | judges of election or official conducting early voting for | ||||||
22 | cancellation. If the voter is unable to submit the vote by mail | ||||||
23 | absentee ballot, it shall be sufficient for the voter to submit | ||||||
24 | to the judges or official (i) a portion of the vote by mail | ||||||
25 | absentee ballot if the vote by mail absentee ballot was torn or | ||||||
26 | mutilated or (ii) an affidavit executed before the judges or |
| |||||||
| |||||||
1 | official specifying that (A) the voter never received a vote by | ||||||
2 | mail an absentee ballot or (B) the voter completed and returned | ||||||
3 | a vote by mail an absentee ballot and was informed that the | ||||||
4 | election authority did not receive that vote by mail absentee | ||||||
5 | ballot. | ||||||
6 | (b-10) Within one day after a voter casts an early voting | ||||||
7 | ballot, the election authority shall transmit the voter's name, | ||||||
8 | street address, and precinct, ward, township, and district | ||||||
9 | numbers, as the case may be, to the State Board of Elections, | ||||||
10 | which shall maintain those names and that information in an | ||||||
11 | electronic format on its website, arranged by county and | ||||||
12 | accessible to State and local political committees. | ||||||
13 | (b-15) Immediately after voting an early ballot, the voter | ||||||
14 | shall be instructed whether the voting equipment accepted or | ||||||
15 | rejected the ballot or identified that ballot as under-voted | ||||||
16 | for a statewide constitutional office. A voter whose ballot is | ||||||
17 | identified as under-voted may return to the voting booth and | ||||||
18 | complete the voting of that ballot. A voter whose early voting | ||||||
19 | ballot is not accepted by the voting equipment may, upon | ||||||
20 | surrendering the ballot, request and vote another early voting | ||||||
21 | ballot. The voter's surrendered ballot
shall be initialed by | ||||||
22 | the election judge or official conducting the early voting and | ||||||
23 | handled as provided in the appropriate
Article governing the | ||||||
24 | voting equipment used.
| ||||||
25 | (c) The sealed early ballots in their carrier envelope | ||||||
26 | shall be delivered by
the election authority to the central |
| |||||||
| |||||||
1 | ballot counting location before the close of the
polls on the | ||||||
2 | day of the election.
| ||||||
3 | (Source: P.A. 98-691, eff. 7-1-14.)
| ||||||
4 | (10 ILCS 5/19A-75)
| ||||||
5 | Sec. 19A-75. Early voting in jurisdictions using Direct | ||||||
6 | Recording Electronic Voting Systems under Article 24C. | ||||||
7 | Election authorities that have adopted for use Direct Recording | ||||||
8 | Electronic Voting Systems under Article 24C may either use | ||||||
9 | those voting systems to conduct early voting or, so long as at | ||||||
10 | least one Direct Recording Electronic Voting System device is | ||||||
11 | available at each early voting polling place, use whatever | ||||||
12 | method the election authority uses for vote by mail absentee | ||||||
13 | balloting conducted by mail ; provided that no early ballots are | ||||||
14 | counted before the polls close on election day.
| ||||||
15 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
16 | (10 ILCS 5/20-1) (from Ch. 46, par. 20-1)
| ||||||
17 | Sec. 20-1.
The following words and phrases contained in | ||||||
18 | this Article
shall be construed as follows:
| ||||||
19 | 1. "Territorial limits of the United States" means each of | ||||||
20 | the several
States of the United States and includes the | ||||||
21 | District of Columbia, the
Commonwealth of Puerto Rico, Guam and | ||||||
22 | the Virgin Islands; but does not
include American Samoa, the | ||||||
23 | Canal Zone, the Trust Territory of the Pacific
Islands or any | ||||||
24 | other territory or possession of the United States.
|
| |||||||
| |||||||
1 | 2. "Member of the United States Service" means (a) members | ||||||
2 | of the Armed
Forces while on active duty and their spouses and | ||||||
3 | dependents of voting
age when residing with or accompanying | ||||||
4 | them, (b) members of the Merchant
Marine of the United States | ||||||
5 | and their spouses and dependents when residing
with or | ||||||
6 | accompanying them and (c) United States government employees | ||||||
7 | serving
outside the territorial limits of the United States.
| ||||||
8 | 3. "Citizens of the United States temporarily residing | ||||||
9 | outside the
territorial limits of the United States" means | ||||||
10 | civilian citizens of the
United States and their spouses and | ||||||
11 | dependents of voting age when residing
with or accompanying | ||||||
12 | them, who maintain a precinct residence in a county in
this | ||||||
13 | State and whose intent to return may be ascertained.
| ||||||
14 | 4. "Non-Resident Civilian Citizens" means civilian | ||||||
15 | citizens of the United
States (a) who reside outside the | ||||||
16 | territorial limits of the United States,
(b) who had maintained | ||||||
17 | a precinct residence in a county in this State
immediately | ||||||
18 | prior to their departure from the United States, (c) who do not
| ||||||
19 | maintain a residence and are not registered to vote in any | ||||||
20 | other State, and
(d) whose intent to return to this State may | ||||||
21 | be uncertain.
| ||||||
22 | 5. "Official postcard" means the postcard application for | ||||||
23 | registration
to vote or for a vote by mail an absentee ballot | ||||||
24 | in the form provided in Section 204(c)
of the Federal Voting | ||||||
25 | Rights Act of 1955, as amended (42 U.S.C. 1973cc-14(c)).
| ||||||
26 | 6. "Federal office" means the offices of President and |
| |||||||
| |||||||
1 | Vice-President
of the United States, United States Senator, | ||||||
2 | Representative in Congress,
delegates and alternate delegates | ||||||
3 | to the national nominating conventions
and candidates for the | ||||||
4 | Presidential Preference Primary.
| ||||||
5 | 7. "Federal election" means any general, primary or special | ||||||
6 | election at
which candidates are nominated or elected to | ||||||
7 | Federal office.
| ||||||
8 | 8. "Dependent", for purposes of this Article, shall mean a | ||||||
9 | father, mother,
brother, sister, son or daughter.
| ||||||
10 | 9. "Electronic transmission" includes, but is not limited | ||||||
11 | to, transmission by electronic mail or the Internet. | ||||||
12 | (Source: P.A. 96-1004, eff. 1-1-11.)
| ||||||
13 | (10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
| ||||||
14 | Sec. 20-2. Any member of the United States Service, | ||||||
15 | otherwise qualified
to vote, who expects in the course of his | ||||||
16 | duties to be absent from the
county in which he resides on the | ||||||
17 | day of holding any election may make
application for a vote by | ||||||
18 | mail an absentee ballot to the election authority having
| ||||||
19 | jurisdiction over his precinct of residence on the official | ||||||
20 | postcard or on
a form furnished by the election authority as | ||||||
21 | prescribed by Section 20-3 of
this Article not less than 10 | ||||||
22 | days before the election. A request pursuant
to this Section | ||||||
23 | shall entitle the applicant to a vote by mail an absentee | ||||||
24 | ballot for every
election in one calendar year. The original | ||||||
25 | application for ballot shall be
kept in the office of the |
| |||||||
| |||||||
1 | election authority for one year as authorization
to send a | ||||||
2 | ballot to the voter for each election to be held within that
| ||||||
3 | calendar year. A certified copy of such application for ballot | ||||||
4 | shall be
sent each election with the vote by mail absentee | ||||||
5 | ballot to the election authority's central ballot counting | ||||||
6 | location to be used
in lieu of the original application for | ||||||
7 | ballot. No registration shall be
required in order to vote | ||||||
8 | pursuant to this Section.
| ||||||
9 | Ballots under this Section shall be mailed by the election | ||||||
10 | authority in
the manner prescribed by Section 20-5 of this | ||||||
11 | Article and not otherwise.
Ballots voted under this Section | ||||||
12 | must be returned postmarked no later than midnight preceding | ||||||
13 | election day and received for counting at the central ballot | ||||||
14 | counting location of the election authority during the period | ||||||
15 | for counting provisional ballots, the last day of which is the | ||||||
16 | 14th day following election day.
| ||||||
17 | (Source: P.A. 96-312, eff. 1-1-10.)
| ||||||
18 | (10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
| ||||||
19 | Sec. 20-2.1. Citizens of the United States temporarily | ||||||
20 | residing outside
the territorial limits of the United States | ||||||
21 | who are not registered but
otherwise qualified to vote and who | ||||||
22 | expect to be absent from their county
of residence during the | ||||||
23 | periods of voter registration provided for in
Articles 4, 5 or | ||||||
24 | 6 of this Code and on the day of holding any election, may
make | ||||||
25 | simultaneous application to the election authority having |
| |||||||
| |||||||
1 | jurisdiction
over their precinct of residence for an absentee | ||||||
2 | registration by mail and vote by mail absentee
ballot not less | ||||||
3 | than 30 days before the election. Such application may be
made | ||||||
4 | on the official postcard or on a form furnished by the election
| ||||||
5 | authority as prescribed by Section 20-3 of this Article or by | ||||||
6 | facsimile or electronic transmission. A request pursuant
to | ||||||
7 | this Section shall entitle the applicant to a vote by mail an | ||||||
8 | absentee ballot for every
election in one calendar year. The | ||||||
9 | original application for ballot shall be
kept in the office of | ||||||
10 | the election authority for one year as authorization
to send a | ||||||
11 | ballot to the voter for each election to be held within that
| ||||||
12 | calendar year. A certified copy of such application for ballot | ||||||
13 | shall be
sent each election with the vote by mail absentee | ||||||
14 | ballot to the election authority's central ballot counting | ||||||
15 | location to be used
in lieu of the original application for | ||||||
16 | ballot.
| ||||||
17 | Registration shall be required in order to vote pursuant to | ||||||
18 | this Section.
However, if the election authority receives one | ||||||
19 | of such applications after
30 days but not less than 10 days | ||||||
20 | before a Federal election, said applicant
shall be sent a | ||||||
21 | ballot containing the Federal offices only and registration
for | ||||||
22 | that election shall be waived.
| ||||||
23 | Ballots under this Section shall be delivered by the | ||||||
24 | election authority in
the manner prescribed by Section 20-5 of | ||||||
25 | this Article in person, by mail, or, if requested by the | ||||||
26 | applicant and the election authority has the capability, by |
| |||||||
| |||||||
1 | facsimile transmission or by electronic transmission.
| ||||||
2 | Ballots voted under this Section must be returned | ||||||
3 | postmarked no later than midnight preceding election day and | ||||||
4 | received for counting at the central ballot counting location | ||||||
5 | of the election authority during the period for counting | ||||||
6 | provisional ballots, the last day of which is the 14th day | ||||||
7 | following election day.
| ||||||
8 | (Source: P.A. 96-312, eff. 1-1-10; 96-1004, eff. 1-1-11.)
| ||||||
9 | (10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
| ||||||
10 | Sec. 20-2.2. Any non-resident civilian citizen, otherwise | ||||||
11 | qualified to
vote, may make application to the election | ||||||
12 | authority having jurisdiction
over his precinct of former | ||||||
13 | residence for a vote by mail an absentee ballot containing
the | ||||||
14 | Federal offices only not less than 10 days before a Federal | ||||||
15 | election.
Such application may be made on the official postcard | ||||||
16 | or by facsimile or electronic transmission. A request
pursuant | ||||||
17 | to this Section shall entitle the applicant to a vote by mail | ||||||
18 | an absentee ballot
for every election in one calendar year at | ||||||
19 | which Federal offices are
filled. The original application for | ||||||
20 | ballot shall be kept in the office of
the election authority | ||||||
21 | for one year as authorization to send a ballot to
the voter for | ||||||
22 | each election to be held within that calendar year at which
| ||||||
23 | Federal offices are filled. A certified copy of such | ||||||
24 | application for
ballot shall be sent each election with the | ||||||
25 | vote by mail absentee ballot to the election authority's |
| |||||||
| |||||||
1 | central ballot counting location to be used in lieu of the | ||||||
2 | original application for ballot.
No registration shall be | ||||||
3 | required in order to vote pursuant to this Section.
Ballots | ||||||
4 | under this Section shall be delivered by the election authority | ||||||
5 | in
the manner prescribed by Section 20-5 of this Article in | ||||||
6 | person, by mail, or, if requested by the applicant and the | ||||||
7 | election authority has the capability, by facsimile | ||||||
8 | transmission or by electronic transmission.
Ballots voted | ||||||
9 | under this Section must be returned postmarked no later than | ||||||
10 | midnight preceding election day and received for counting at | ||||||
11 | the central ballot counting location of the election authority | ||||||
12 | during the period for counting provisional ballots, the last | ||||||
13 | day of which is the 14th day following election day.
| ||||||
14 | (Source: P.A. 96-312, eff. 1-1-10; 96-1004, eff. 1-1-11.)
| ||||||
15 | (10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
| ||||||
16 | Sec. 20-2.3. Members of the Armed Forces and their spouses | ||||||
17 | and dependents. Any member of the United
States Armed Forces | ||||||
18 | while on active duty, and his or her spouse and dependents, | ||||||
19 | otherwise qualified to vote, who
expects in the course of his | ||||||
20 | or her duties to be absent from the county in
which he or she | ||||||
21 | resides on the day of holding any election, in addition to any
| ||||||
22 | other method of making application for vote by mail an absentee | ||||||
23 | ballot under this
Article, may make application for a vote by | ||||||
24 | mail an absentee ballot to the election
authority having | ||||||
25 | jurisdiction over his or her precinct of residence by a
|
| |||||||
| |||||||
1 | facsimile machine or electronic transmission not less than 10 | ||||||
2 | days before
the election.
| ||||||
3 | Ballots under this Section shall be delivered by the | ||||||
4 | election authority in
the manner prescribed by Section 20-5 of | ||||||
5 | this Article in person, by mail, or, if requested by the | ||||||
6 | applicant and the election authority has the capability, by | ||||||
7 | facsimile transmission or by electronic transmission.
Ballots | ||||||
8 | voted under this Section must be returned postmarked no later | ||||||
9 | than midnight preceding election day and received for counting | ||||||
10 | at the central ballot counting location of the election | ||||||
11 | authority during the period for counting provisional ballots, | ||||||
12 | the last day of which is the 14th day following election day.
| ||||||
13 | (Source: P.A. 96-312, eff. 1-1-10; 96-512, eff. 1-1-10; | ||||||
14 | 96-1000, eff. 7-2-10; 96-1004, eff. 1-1-11.)
| ||||||
15 | (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| ||||||
16 | Sec. 20-3.
The election authority shall furnish the | ||||||
17 | following
applications for absentee registration by mail or | ||||||
18 | vote by mail absentee ballot which shall be
considered a method | ||||||
19 | of application in lieu of the official postcard.
| ||||||
20 | 1. Members of the United States Service, citizens of the | ||||||
21 | United
States temporarily residing outside the territorial | ||||||
22 | limits of the United
States, and certified program participants | ||||||
23 | under the Address Confidentiality
for Victims of Domestic | ||||||
24 | Violence Act may make application within the periods
prescribed | ||||||
25 | in Sections
20-2 or 20-2.1, as the case may be. Such |
| |||||||
| |||||||
1 | application shall be
substantially in the following form:
| ||||||
2 | "APPLICATION FOR BALLOT
| ||||||
3 | To be voted at the............ election in the precinct in | ||||||
4 | which is
located my residence at..............., in the | ||||||
5 | city/village/township of
............(insert home address) | ||||||
6 | County of........... and State of
Illinois.
| ||||||
7 | I state that I am a citizen of the United States; that on | ||||||
8 | (insert
date of election) I shall have resided in the State of | ||||||
9 | Illinois and in
the election precinct for 30 days; that on the | ||||||
10 | above date I shall be the
age of 18 years or above; that I am | ||||||
11 | lawfully entitled to vote in such
precinct at that election; | ||||||
12 | that I am (check category 1, 2, or 3
below):
| ||||||
13 | 1. ( ) a member of the United States Service,
| ||||||
14 | 2. ( ) a citizen of the United States temporarily residing | ||||||
15 | outside
the territorial limits of the United States and that I | ||||||
16 | expect to be
absent from the said county of my residence on the | ||||||
17 | date of holding such
election, and that I will have no | ||||||
18 | opportunity to vote in person on that
day.
| ||||||
19 | 3. ( ) a certified program participant under the Address
| ||||||
20 | Confidentiality for Victims of Domestic Violence Act.
| ||||||
21 | I hereby make application for an official ballot or ballots | ||||||
22 | to be
voted by me at such election if I am absent from the said | ||||||
23 | county of my
residence, and I agree that I shall return said | ||||||
24 | ballot or ballots to the
election authority postmarked no later | ||||||
25 | than midnight preceding election day, for counting no later | ||||||
26 | than during the period for counting provisional ballots, the |
| |||||||
| |||||||
1 | last day of which is the 14th day following election day or | ||||||
2 | shall destroy said ballot or ballots.
| ||||||
3 | (Check below only if category 2 or 3 and not previously | ||||||
4 | registered)
| ||||||
5 | ( ) I hereby make application to become registered as a | ||||||
6 | voter and
agree to return the forms and affidavits for | ||||||
7 | registration to the
election authority not later than 30 days | ||||||
8 | before the election.
| ||||||
9 | Under penalties as provided by law pursuant to Article 29 | ||||||
10 | of The
Election Code, the undersigned certifies that the | ||||||
11 | statements set forth
in this application are true and correct.
| ||||||
12 | .........................
| ||||||
13 | Post office address or service address to which | ||||||
14 | registration
materials or ballot should be mailed
| ||||||
15 | .........................
| ||||||
16 | .........................
| ||||||
17 | .........................
| ||||||
18 | ........................"
| ||||||
19 | If application is made for a primary election ballot, such
| ||||||
20 | application shall designate the name of the political party | ||||||
21 | with which
the applicant is affiliated.
| ||||||
22 | Such applications may be obtained from the election | ||||||
23 | authority having
jurisdiction over the person's precinct of | ||||||
24 | residence.
| ||||||
25 | 2. A spouse or dependent of a member of the United States | ||||||
26 | Service,
said spouse or dependent being a registered voter in |
| |||||||
| |||||||
1 | the county, may
make application on behalf of said person in | ||||||
2 | the office of the election
authority within the periods | ||||||
3 | prescribed in Section 20-2 which shall be
substantially in the | ||||||
4 | following form:
| ||||||
5 | "APPLICATION FOR BALLOT to be voted at the........... election | ||||||
6 | in
the precinct in which is located the residence of the person | ||||||
7 | for whom
this application is made at.............(insert | ||||||
8 | residence address) in
the city/village/township of......... | ||||||
9 | County of.......... and State
of Illinois.
| ||||||
10 | I certify that the following named person................ | ||||||
11 | (insert
name of person) is a member of the United States | ||||||
12 | Service.
| ||||||
13 | I state that said person is a citizen of the United States; | ||||||
14 | that on
(insert date of election) said person shall have | ||||||
15 | resided in the State of
Illinois and in the election precinct | ||||||
16 | for which this application is made
for 30 days; that on the | ||||||
17 | above date said person shall be the age of 18
years or above; | ||||||
18 | that said person is lawfully entitled to vote in such
precinct | ||||||
19 | at that election; that said person is a member of the United
| ||||||
20 | States Service, and that in the course of his duties said | ||||||
21 | person expects
to be absent from his county of residence on the | ||||||
22 | date of holding such
election, and that said person will have | ||||||
23 | no opportunity to vote in
person on that day.
| ||||||
24 | I hereby make application for an official ballot or ballots | ||||||
25 | to be
voted by said person at such election and said person | ||||||
26 | agrees that he
shall return said ballot or ballots to the |
| |||||||
| |||||||
1 | election authority postmarked no later than midnight preceding | ||||||
2 | election day, for counting no later than during the period for | ||||||
3 | counting provisional ballots, the last day of which is the 14th | ||||||
4 | day following election day, or shall destroy
said ballot or | ||||||
5 | ballots.
| ||||||
6 | I hereby certify that I am the (mother, father, sister, | ||||||
7 | brother,
husband or wife) of the said elector, and that I am a | ||||||
8 | registered voter
in the election precinct for which this | ||||||
9 | application is made. (Strike all
but one that is applicable.)
| ||||||
10 | Under penalties as provided by law pursuant to Article 29 | ||||||
11 | of The
Election Code, the undersigned certifies that the | ||||||
12 | statements set forth
in this application are true and correct.
| ||||||
13 | Name of applicant ......................
| ||||||
14 | Residence address ........................
| ||||||
15 | City/village/township........................
| ||||||
16 | Service address to which ballot should be mailed:
| ||||||
17 | .........................
| ||||||
18 | .........................
| ||||||
19 | .........................
| ||||||
20 | ........................"
| ||||||
21 | If application is made for a primary election ballot, such
| ||||||
22 | application shall designate the name of the political party | ||||||
23 | with which
the person for whom application is made is | ||||||
24 | affiliated.
| ||||||
25 | Such applications may be obtained from the election | ||||||
26 | authority having
jurisdiction over the voting precinct in which |
| |||||||
| |||||||
1 | the person for whom
application is made is entitled to vote.
| ||||||
2 | (Source: P.A. 96-312, eff. 1-1-10.)
| ||||||
3 | (10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
| ||||||
4 | Sec. 20-4. Immediately upon the receipt of the official | ||||||
5 | postcard or
an application as provided in Section 20-3 within | ||||||
6 | the times heretofore
prescribed, the election authority shall | ||||||
7 | ascertain whether or not such
applicant is legally entitled to | ||||||
8 | vote as requested, including verification of the applicant's | ||||||
9 | signature by comparison with the signature on the official | ||||||
10 | registration record card, if any. If the election
authority | ||||||
11 | ascertains that the applicant
is lawfully entitled to vote, it | ||||||
12 | shall enter the name, street address,
ward and precinct number | ||||||
13 | of such applicant on a list to be posted in his
or its office in | ||||||
14 | a place accessible to the public.
Within one day after posting | ||||||
15 | the name and other information of an
applicant for a ballot, | ||||||
16 | the election authority shall transmit that name and
posted | ||||||
17 | information to the State Board of Elections, which shall | ||||||
18 | maintain the
names and other information in an electronic | ||||||
19 | format on its website, arranged by
county and accessible to | ||||||
20 | State and local political committees.
As soon as the
official | ||||||
21 | ballot is prepared the election authority shall immediately
| ||||||
22 | deliver the same to the applicant in person, by mail, by | ||||||
23 | facsimile transmission, or by electronic transmission as | ||||||
24 | provided in this Article.
| ||||||
25 | If any such election authority receives a second or |
| |||||||
| |||||||
1 | additional
application which it believes is from the same | ||||||
2 | person, he or it shall
submit it to the chief judge of the | ||||||
3 | circuit court or any judge of that
court designated by the | ||||||
4 | chief judge. If the chief judge or his designate
determines | ||||||
5 | that the application submitted to him is a second or
additional | ||||||
6 | one, he shall so notify the election authority who shall
| ||||||
7 | disregard the second or additional application.
| ||||||
8 | The election authority shall maintain a list for each | ||||||
9 | election of the
voters to whom it has issued vote by mail | ||||||
10 | absentee ballots. The list
shall be maintained for each | ||||||
11 | precinct within the jurisdiction of the
election authority. | ||||||
12 | Prior to the opening of the polls on election day,
the election | ||||||
13 | authority shall deliver to the judges of election in each
| ||||||
14 | precinct the list of registered voters in that precinct to whom | ||||||
15 | vote by mail absentee
ballots have been issued.
| ||||||
16 | Election authorities may transmit by facsimile or other | ||||||
17 | electronic means a ballot simultaneously with transmitting an | ||||||
18 | application for vote by mail absentee ballot; however, no such | ||||||
19 | ballot shall be counted unless an application has been | ||||||
20 | completed by the voter and the election authority ascertains | ||||||
21 | that the applicant is lawfully entitled to vote as provided in | ||||||
22 | this Section. | ||||||
23 | (Source: P.A. 96-1004, eff. 1-1-11.)
| ||||||
24 | (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
| ||||||
25 | Sec. 20-5.
The election authority shall fold the ballot or |
| |||||||
| |||||||
1 | ballots in
the manner specified by the statute for folding | ||||||
2 | ballots prior to their
deposit in the ballot box and shall | ||||||
3 | enclose such ballot in an envelope
unsealed to be furnished by | ||||||
4 | it, which envelope shall bear upon the face
thereof the name, | ||||||
5 | official title and post office address of the election
| ||||||
6 | authority, and upon the other side of such envelope there shall | ||||||
7 | be
printed a certification in substantially the following form:
| ||||||
8 | "CERTIFICATION
| ||||||
9 | I state that I am a resident/former resident of the ....... | ||||||
10 | precinct of
the city/village/township of ............, | ||||||
11 | (Designation to be made by
Election Authority) or of the .... | ||||||
12 | ward in the city of ...........
(Designation to be made by | ||||||
13 | Election Authority) residing at ................
in said | ||||||
14 | city/village/township in the county of ........... and State of
| ||||||
15 | Illinois; that I am a
| ||||||
16 | 1. ( ) member of the United States Service
| ||||||
17 | 2. ( ) citizen of the United States temporarily residing | ||||||
18 | outside the
territorial limits of the United States
| ||||||
19 | 3. ( ) nonresident civilian citizen
| ||||||
20 | and desire to cast the enclosed ballot pursuant to Article 20 | ||||||
21 | of The Election
Code; that I am lawfully entitled to vote in | ||||||
22 | such precinct at the ...........
election to be held on | ||||||
23 | ............
| ||||||
24 | I further state that I marked the enclosed ballot in | ||||||
25 | secret.
| ||||||
26 | Under penalties as provided by law pursuant to Article 29 |
| |||||||
| |||||||
1 | of The
Election Code, the undersigned certifies that the | ||||||
2 | statements set forth
in this certification are true and | ||||||
3 | correct.
| ||||||
4 | ...............(Name)
| ||||||
5 | .....................
| ||||||
6 | (Service Address)"
| ||||||
7 | .....................
| ||||||
8 | .....................
| ||||||
9 | .....................
| ||||||
10 | If the ballot enclosed is to be voted at a primary | ||||||
11 | election, the
certification shall designate the name of the | ||||||
12 | political party with which
the voter is affiliated.
| ||||||
13 | In addition to the above, the election authority shall | ||||||
14 | provide
printed slips giving full instructions regarding the | ||||||
15 | manner of completing
the forms and affidavits for absentee | ||||||
16 | registration by mail or the manner of marking
and returning the | ||||||
17 | ballot in order that the same may be counted, and
shall furnish | ||||||
18 | one of the printed slips to each of the applicants at the
same | ||||||
19 | time the registration materials or ballot is delivered to him.
| ||||||
20 | In addition to the above, if a ballot to be provided to an | ||||||
21 | elector
pursuant to this Section contains a public question | ||||||
22 | described in subsection
(b) of Section 28-6 and the territory | ||||||
23 | concerning which the question is
to be submitted is not | ||||||
24 | described on the ballot due to the space limitations
of such | ||||||
25 | ballot, the election authority shall provide a printed copy of
| ||||||
26 | a notice of the public question, which shall include a |
| |||||||
| |||||||
1 | description of the
territory in the manner required by Section | ||||||
2 | 16-7. The
notice shall be furnished to the elector at the same | ||||||
3 | time the ballot
is delivered to the elector.
| ||||||
4 | The envelope in which such registration or such ballot is | ||||||
5 | mailed to the
voter as well as the envelope in which the | ||||||
6 | registration materials or the
ballot is returned by the voter | ||||||
7 | shall have
printed across the face thereof two parallel | ||||||
8 | horizontal red bars, each
one-quarter inch wide, extending from | ||||||
9 | one side of the envelope to the
other side, with an intervening | ||||||
10 | space of one-quarter inch, the top bar
to be one and | ||||||
11 | one-quarter inches from the top of the envelope, and with
the | ||||||
12 | words "Official Election Balloting Material-VIA AIR MAIL" | ||||||
13 | between the
bars. In the upper right corner of such envelope in | ||||||
14 | a box, there shall be
printed the words: "U.S. Postage Paid 42 | ||||||
15 | USC 1973". All printing
on the face of such envelopes shall be | ||||||
16 | in red, including an appropriate
inscription or blank in the | ||||||
17 | upper left corner of return address of sender.
| ||||||
18 | The envelope in which the ballot is returned to the | ||||||
19 | election authority may be delivered (i) by mail, postage paid, | ||||||
20 | (ii) in person, by the spouse, parent, child, brother, or | ||||||
21 | sister of the voter, or (iii) by a company engaged in the | ||||||
22 | business of making deliveries of property and licensed as a | ||||||
23 | motor carrier of property by the Illinois Commerce Commission | ||||||
24 | under the Illinois Commercial Transportation Law. | ||||||
25 | Election authorities transmitting ballots by facsimile or | ||||||
26 | electronic transmission shall, to the extent possible, provide |
| |||||||
| |||||||
1 | those applicants with the same instructions, certification, | ||||||
2 | and other materials required when sending by mail. | ||||||
3 | (Source: P.A. 96-512, eff. 1-1-10; 96-1004, eff. 1-1-11.)
| ||||||
4 | (10 ILCS 5/20-6) (from Ch. 46, par. 20-6)
| ||||||
5 | Sec. 20-6.
Such vote by mail absent voter shall make and | ||||||
6 | subscribe to the certifications
provided for in the application | ||||||
7 | and on the return envelope for the
ballot, and such ballot or | ||||||
8 | ballots shall then be folded by such voter in
the manner | ||||||
9 | required to be folded before depositing the same in the
ballot | ||||||
10 | box, and be deposited in such envelope and the envelope | ||||||
11 | securely
sealed. The envelope in which the ballot is returned | ||||||
12 | to the election authority may be delivered (i) by mail, postage | ||||||
13 | paid, (ii) in person, by the spouse, parent, child, brother, or | ||||||
14 | sister of the voter, or (iii) by a company engaged in the | ||||||
15 | business of making deliveries of property and licensed as a | ||||||
16 | motor carrier of property by the Illinois Commerce Commission | ||||||
17 | under the Illinois Commercial Transportation Law.
| ||||||
18 | (Source: P.A. 96-512, eff. 1-1-10.)
| ||||||
19 | (10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
| ||||||
20 | Sec. 20-7.
Upon receipt of such vote by mail absent voter's | ||||||
21 | ballot, the officer or
officers above described shall forthwith | ||||||
22 | enclose the same unopened,
together with the application made | ||||||
23 | by said vote by mail absent voter in a large or
carrier | ||||||
24 | envelope which shall be securely sealed and endorsed with the
|
| |||||||
| |||||||
1 | name and official title of such officer and the words, "This | ||||||
2 | envelope
contains a vote by mail an absent voter's ballot and | ||||||
3 | must be opened
on election day," together with
the number and | ||||||
4 | description of the precinct in which said ballot is to be
| ||||||
5 | voted, and such officer shall thereafter safely keep the same | ||||||
6 | in his
office until counted by him as provided in the next | ||||||
7 | section.
| ||||||
8 | (Source: P.A. 81-155.)
| ||||||
9 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||||||
10 | Sec. 20-8. Time and place of counting ballots. | ||||||
11 | (a) (Blank.) | ||||||
12 | (b) Each vote by mail absent voter's ballot returned to an | ||||||
13 | election authority, by any means authorized by this Article, | ||||||
14 | and received by that election authority may be processed by the | ||||||
15 | election authority beginning on the 7th day before election day | ||||||
16 | before the closing of the polls on election day shall be | ||||||
17 | endorsed by the receiving election authority with the day and | ||||||
18 | hour of receipt and shall be counted in the central ballot | ||||||
19 | counting location of the election authority , but the results of | ||||||
20 | the processing may not be counted until on the day of the | ||||||
21 | election after 7:00 p.m. on election day , except as provided in | ||||||
22 | subsections (g) and (g-5).
| ||||||
23 | (c) Each vote by mail absent voter's ballot that is mailed | ||||||
24 | to an election authority and postmarked by the midnight | ||||||
25 | preceding the opening of the polls on election day, but that is |
| |||||||
| |||||||
1 | received by the election authority after the polls close on | ||||||
2 | election day and before the close of the period for counting | ||||||
3 | provisional ballots cast at that election, shall be endorsed by | ||||||
4 | the receiving authority with the day and hour of receipt and | ||||||
5 | shall be counted at the central ballot counting location of the | ||||||
6 | election authority during the period for counting provisional | ||||||
7 | ballots. | ||||||
8 | Each vote by mail absent voter's ballot that is mailed to | ||||||
9 | an election authority absent a postmark, but that is received | ||||||
10 | by the election authority after the polls close on election day | ||||||
11 | and before the close of the period for counting provisional | ||||||
12 | ballots cast at that election, shall be endorsed by the | ||||||
13 | receiving authority with the day and hour of receipt, opened to | ||||||
14 | inspect the date inserted on the certification, and, if the | ||||||
15 | certification date is a date preceding the election day and the | ||||||
16 | ballot is otherwise found to be valid under the requirements of | ||||||
17 | this Section, counted at the central ballot counting location | ||||||
18 | of the election authority during the period for counting | ||||||
19 | provisional ballots. Absent a date on the certification, the | ||||||
20 | ballot shall not be counted.
| ||||||
21 | (d) Special write-in vote by mail absentee voter's blank | ||||||
22 | ballots returned to an election authority, by any means | ||||||
23 | authorized by this Article, and received by the election | ||||||
24 | authority at any time before the closing of the polls on | ||||||
25 | election day shall be endorsed by the receiving election | ||||||
26 | authority with the day and hour of receipt and shall be counted |
| |||||||
| |||||||
1 | at the central ballot counting location of the election | ||||||
2 | authority during the same period provided for counting vote by | ||||||
3 | mail absent voters' ballots under subsections (b), (g), and | ||||||
4 | (g-5). Special write-in vote by mail absentee voter's blank | ||||||
5 | ballot that are mailed to an election authority and postmarked | ||||||
6 | by midnight preceding the opening of the polls on election day, | ||||||
7 | but that are received by the election authority after the polls | ||||||
8 | close on election day and before the closing of the period for | ||||||
9 | counting provisional ballots cast at that election, shall be | ||||||
10 | endorsed by the receiving authority with the day and hour of | ||||||
11 | receipt and shall be counted at the central ballot counting | ||||||
12 | location of the election authority during the same periods | ||||||
13 | provided for counting vote by mail absent voters' ballots under | ||||||
14 | subsection (c).
| ||||||
15 | (e) Except as otherwise provided in this Section, vote by | ||||||
16 | mail absent voters' ballots and special write-in vote by mail | ||||||
17 | absentee voter's blank ballots received by the election | ||||||
18 | authority after the closing of the polls on the day of election | ||||||
19 | shall be
endorsed by the person receiving the ballots with the | ||||||
20 | day and hour of
receipt and shall be safely kept unopened by | ||||||
21 | the election authority for
the period of time required for the | ||||||
22 | preservation of ballots used at the
election, and shall then, | ||||||
23 | without being opened, be destroyed in like
manner as the used | ||||||
24 | ballots of that election.
| ||||||
25 | (f) Counting required under this Section to begin on | ||||||
26 | election day after the closing of the polls shall commence no |
| |||||||
| |||||||
1 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
2 | panels of election judges appointed in the manner provided
by | ||||||
3 | law. The counting shall continue until all vote by mail absent | ||||||
4 | voters' ballots and special write-in vote by mail absentee | ||||||
5 | voter's blank ballots required to be counted on election day | ||||||
6 | have been counted.
| ||||||
7 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
8 | Code shall apply to all ballots counted under
this Section. In | ||||||
9 | addition, within 2 days after a ballot subject to this Article | ||||||
10 | is received, but in all cases before the close of the period | ||||||
11 | for counting provisional ballots, the election judge or | ||||||
12 | official shall compare the voter's signature on the | ||||||
13 | certification envelope of that ballot with the signature of the | ||||||
14 | voter on file in the office of the election authority. If the | ||||||
15 | election judge or official determines that the 2 signatures | ||||||
16 | match, and that the voter is otherwise qualified to cast a | ||||||
17 | ballot under this Article, the election authority shall cast | ||||||
18 | and count the ballot on election day or the day the ballot is | ||||||
19 | determined to be valid, whichever is later, adding the results | ||||||
20 | to the precinct in which the voter is registered. If the | ||||||
21 | election judge or official determines that the signatures do | ||||||
22 | not match, or that the voter is not qualified to cast a ballot | ||||||
23 | under this Article, then without opening the certification | ||||||
24 | envelope, the judge or official shall mark across the face of | ||||||
25 | the certification envelope the word "Rejected" and shall not | ||||||
26 | cast or count the ballot. |
| |||||||
| |||||||
1 | In addition to the voter's signatures not matching, a | ||||||
2 | ballot subject to this Article may be rejected by the election | ||||||
3 | judge or official: | ||||||
4 | (1) if the ballot envelope is open or has been opened | ||||||
5 | and resealed; | ||||||
6 | (2) if the voter has already cast an early or grace | ||||||
7 | period ballot; | ||||||
8 | (3) if the voter voted in person on election day or the | ||||||
9 | voter is not a duly registered voter in the precinct; or | ||||||
10 | (4) on any other basis set forth in this Code. | ||||||
11 | If the election judge or official determines that any of | ||||||
12 | these reasons apply, the judge or official shall mark across | ||||||
13 | the face of the certification envelope the word "Rejected" and | ||||||
14 | shall not cast or count the ballot. | ||||||
15 | (g-5) If a ballot subject to this Article is rejected by | ||||||
16 | the election judge or official for any reason, the election | ||||||
17 | authority shall, within 2 days after the rejection but in all | ||||||
18 | cases before the close of the period for counting provisional | ||||||
19 | ballots, notify the voter that his or her ballot was rejected. | ||||||
20 | The notice shall inform the voter of the reason or reasons the | ||||||
21 | ballot was rejected and shall state that the voter may appear | ||||||
22 | before the election authority, on or before the 14th day after | ||||||
23 | the election, to show cause as to why the ballot should not be | ||||||
24 | rejected. The voter may present evidence to the election | ||||||
25 | authority supporting his or her contention that the ballot | ||||||
26 | should be counted. The election authority shall appoint a panel |
| |||||||
| |||||||
1 | of 3 election judges to review the contested ballot, | ||||||
2 | application, and certification envelope, as well as any | ||||||
3 | evidence submitted by the vote by mail absentee voter. No more | ||||||
4 | than 2 election judges on the reviewing panel shall be of the | ||||||
5 | same political party. The reviewing panel of election judges | ||||||
6 | shall make a final determination as to the validity of the | ||||||
7 | contested ballot. The judges' determination shall not be | ||||||
8 | reviewable either administratively or judicially. | ||||||
9 | A ballot subject to this subsection that is determined to | ||||||
10 | be valid shall be counted before the close of the period for | ||||||
11 | counting provisional ballots. | ||||||
12 | (g-10) All ballots determined to be valid shall be added to | ||||||
13 | the vote totals for the precincts for which they were cast in | ||||||
14 | the order in which the ballots were opened.
| ||||||
15 | (h) Each political party,
candidate, and qualified civic | ||||||
16 | organization shall be entitled to have
present one pollwatcher | ||||||
17 | for each panel of election judges therein assigned.
| ||||||
18 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06; | ||||||
19 | 95-699, eff. 11-9-07.)
| ||||||
20 | (10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
| ||||||
21 | Sec. 20-10.
Pollwatchers shall be
permitted to be present | ||||||
22 | during the casting of the vote by mail absent voters' ballots
| ||||||
23 | and the vote of any vote by mail absent voter may be challenged | ||||||
24 | for cause the same
as if he were present and voted in person, | ||||||
25 | and the judges of the
election or a majority thereof shall have |
| |||||||
| |||||||
1 | power and authority to hear
and determine the legality of such | ||||||
2 | ballot; Provided, however, that if a
challenge to any vote by | ||||||
3 | mail absent voter's right to vote is sustained, notice of
the | ||||||
4 | same must be given by the judges of election by mail addressed | ||||||
5 | to
the voter's mailing address as stated in the certification | ||||||
6 | and
application for ballot.
| ||||||
7 | (Source: P.A. 80-1090.)
| ||||||
8 | (10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
| ||||||
9 | Sec. 20-13.
If otherwise qualified to vote, any person not | ||||||
10 | covered by
Sections 20-2, 20-2.1 or 20-2.2 of this Article who | ||||||
11 | is not registered to
vote and who is temporarily absent from | ||||||
12 | his county of residence, may make
special application to the | ||||||
13 | election authority having jurisdiction over
his precinct of | ||||||
14 | permanent residence, not less than 5 days
before a presidential | ||||||
15 | election, for a vote by mail an absentee ballot to vote for the
| ||||||
16 | president and vice-president only. Such application shall be | ||||||
17 | furnished by
the election authority and shall be in | ||||||
18 | substantially the following form:
| ||||||
19 | SPECIAL VOTE BY MAIL ABSENTEE BALLOT APPLICATION (For use | ||||||
20 | by non-registered Illinois
residents temporarily absent from | ||||||
21 | the county to vote for the president and
vice-president only)
| ||||||
22 | AFFIDAVIT
| ||||||
23 | 1. I hereby request a vote by mail an absentee ballot to | ||||||
24 | vote for the president and
vice-president only ......... | ||||||
25 | (insert date of general election)
|
| |||||||
| |||||||
1 | 2. I am a citizen of the United States and a permanent | ||||||
2 | resident of Illinois.
| ||||||
3 | 3. I have maintained, and still maintain, a permanent abode | ||||||
4 | in Illinois
for the past .......... years at: .......... | ||||||
5 | (House) .......... (Number)
.......... (Street) .......... | ||||||
6 | (City) .......... (Village) .......... (Town)
| ||||||
7 | 4. I will not be able to regularly register in person as a | ||||||
8 | voter because
.................... (Give reason for temporary | ||||||
9 | absence such as "Student",
"Temporary job transfer", etc.)
| ||||||
10 | 5. I was born .......... (Month) .......... (Day) | ||||||
11 | .......... (Year) in
.................... (State or County);
| ||||||
12 | 6. To be filled in only by a person who is foreign-born (If | ||||||
13 | answer is
"yes" in either a. or b. below, fill in appropriate | ||||||
14 | information in c.):
| ||||||
15 | a. One or both of my parents were United States citizens at | ||||||
16 | the
time of my birth?
| ||||||
17 | ( ) YES ( ) NO)
| ||||||
18 | b. My United States citizenship was derived through an act | ||||||
19 | of the Congress
of the United States?
| ||||||
20 | ( ) YES ( ) NO
| ||||||
21 | c. The name of the court issuing papers and the date | ||||||
22 | thereof upon which
my United States citizenship was derived is | ||||||
23 | .................... located
in .......... (City) .......... | ||||||
24 | (State) on .......... (Month) ..........
(Day) .......... | ||||||
25 | (Year)
| ||||||
26 | (For persons who derived citizenship through papers issued |
| |||||||
| |||||||
1 | through a parent
or spouse, fill in the following)
| ||||||
2 | (1) My parents or spouse's name is:
| ||||||
3 | ......... (First) .......... (Middle) .......... (Last)
| ||||||
4 | (2) ........ (Month) .......... (Day) .......... (Year)
| ||||||
5 | is the date of my marriage or my age at which time I | ||||||
6 | derived my citizenship.
| ||||||
7 | 7. I am not registered as a voter in any other county in | ||||||
8 | the State of
Illinois or in any other State.
| ||||||
9 | 8. I am not requesting a ballot from any other place and am | ||||||
10 | not voting
in any other manner in this election and I have not | ||||||
11 | voted and do not intend
to vote in this election at any other | ||||||
12 | address. I request that you mail
my ballot to the following | ||||||
13 | address:
| ||||||
14 | (Print name and complete mailing address)
| ||||||
15 | .........................................
| ||||||
16 | .........................................
| ||||||
17 | .........................................
| ||||||
18 | 9. Under penalties as provided by law pursuant to Article | ||||||
19 | 29 of The
Election Code, the undersigned certifies that the | ||||||
20 | statements set forth in
this application are true and correct.
| ||||||
21 | ......................
| ||||||
22 | Signature of Applicant
| ||||||
23 | The procedures set forth in Sections 20-4 through 20-12 of | ||||||
24 | this Article,
insofar as they may be made applicable, shall be | ||||||
25 | applicable to vote by mail absentee
voting under this Section.
| ||||||
26 | (Source: P.A. 86-875.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
| ||||||
2 | Sec. 20-13.1.
Any person not covered by Sections 20-2, | ||||||
3 | 20-2.1 or 20-2.2
of this Article who is registered to vote but | ||||||
4 | who is disqualified from voting
because he moved outside his | ||||||
5 | election precinct during the 30 days preceding
a presidential | ||||||
6 | election may make special application to the election authority
| ||||||
7 | having jurisdiction over his precinct of former residence by | ||||||
8 | mail, not more
than 30 nor less than 5 days before a Federal | ||||||
9 | election, or in person in
the office of the election authority, | ||||||
10 | not more than 30 nor less than 1 day
before a Federal election, | ||||||
11 | for a vote by mail an absentee ballot to vote for the president
| ||||||
12 | and vice-president only. Such application shall be furnished by | ||||||
13 | the election
authority and shall be in substantially the | ||||||
14 | following form:
| ||||||
15 | SPECIAL VOTER APPLICATION
| ||||||
16 | (For use by registered Illinois voters disqualified for | ||||||
17 | having moved
outside their precinct on or after the 30th day | ||||||
18 | preceding the election,
to vote for president and | ||||||
19 | vice-president only.)
| ||||||
20 | 1. I hereby request a ballot to vote for president and | ||||||
21 | vice-president
only on .......... (insert date of general | ||||||
22 | election).
| ||||||
23 | 2. I am a citizen of the United States and my present | ||||||
24 | address is:
....................
(Residence Number) .......... | ||||||
25 | (Street) ....................
(City/Village/Township)
|
| |||||||
| |||||||
1 | .......... (County) .......... (State).
| ||||||
2 | 3. As of .......... (Month), .......... (Day), .......... | ||||||
3 | (Year) I was
a registered voter at .......... (Residence | ||||||
4 | Number) .......... (Street)
.................... | ||||||
5 | (City/Village/Township).
| ||||||
6 | 4. I moved to my present address on .......... (Month) | ||||||
7 | .......... (Day)
.......... (Year).
| ||||||
8 | 5. I have not registered to vote from nor have I requested | ||||||
9 | a ballot in
any other election jurisdiction in this State or in | ||||||
10 | another State.
| ||||||
11 | 6. (If vote by mail absentee request), I request that you | ||||||
12 | mail the ballot to the following address:
| ||||||
13 | Print name and complete mailing address.
| ||||||
14 | ........................................
| ||||||
15 | ........................................
| ||||||
16 | ........................................
| ||||||
17 | Under the penalties as provided by law pursuant to Article | ||||||
18 | 29 of The Election
Code, the undersigned certifies that the | ||||||
19 | statements set forth in
this application are true and correct.
| ||||||
20 | ........................
| ||||||
21 | (Signature of Applicant)
| ||||||
22 | 7. Subscribed and sworn to before me on .......... (Month) | ||||||
23 | ..........
(Day) .......... (Year)
| ||||||
24 | ........................
| ||||||
25 | (Signature of Official
| ||||||
26 | Administering Oath)
|
| |||||||
| |||||||
1 | The procedures set forth in Sections 20-4 through 20-12 of | ||||||
2 | this Article,
insofar as they may be made applicable, shall be | ||||||
3 | applicable to vote by mail absentee
voting under this Section.
| ||||||
4 | (Source: P.A. 90-655, eff. 7-30-98.)
| ||||||
5 | (10 ILCS 5/20-25) | ||||||
6 | Sec. 20-25. Extraordinary procedures. In the event of a | ||||||
7 | deployment of the United States Armed Forces or the declaration | ||||||
8 | of an emergency by the President of the United States or the | ||||||
9 | Governor of Illinois, The Governor or the executive director of | ||||||
10 | the State Board of Elections may modify the registration and | ||||||
11 | voting procedures established by this Article or by rules | ||||||
12 | adopted pursuant to this Article for the duration of the | ||||||
13 | deployment or emergency in order to facilitate vote by mail | ||||||
14 | absentee voting under this Article. The Governor or executive | ||||||
15 | director, as the case may be, then promptly shall notify each | ||||||
16 | election authority of the changes in procedures. Each election | ||||||
17 | authority shall publicize the modifications and shall provide | ||||||
18 | notice of the modifications to each person under its | ||||||
19 | jurisdiction subject to this Article for whom the election | ||||||
20 | authority has contact information.
| ||||||
21 | (Source: P.A. 96-1004, eff. 1-1-11.)
| ||||||
22 | (10 ILCS 5/24-15) (from Ch. 46, par. 24-15)
| ||||||
23 | Sec. 24-15.
As soon as the polls are closed, the voting | ||||||
24 | machine or machines
shall be locked in order to prevent further |
| |||||||
| |||||||
1 | voting and each machine shall
be sealed against voting and | ||||||
2 | tampering, with a numbered metal seal, and the
number of such | ||||||
3 | metal seal shall be recorded at once on the certificate
| ||||||
4 | provided for that purpose, and the number on the protective | ||||||
5 | counter of each
voting machine shall also be recorded on the | ||||||
6 | certificate in the space
provided for that purpose, and the | ||||||
7 | number on the public counter shall be
recorded in the space | ||||||
8 | provided for that purpose. The counting compartment
shall then | ||||||
9 | be opened in the presence of all the precinct election | ||||||
10 | officials
and all watchers and other persons who may be | ||||||
11 | lawfully within the room,
giving full view of the numbers | ||||||
12 | announcing the votes cast for each
candidate, and the vote for | ||||||
13 | and against each of the questions or other
propositions. | ||||||
14 | Provided, however, when a machine is equipped with a device
| ||||||
15 | which will automatically record the number on the registering | ||||||
16 | columns for
each candidate, question or proposition on the back | ||||||
17 | of the machine to a
paper recording sheet then the recording | ||||||
18 | sheet shall be removed and the
vote cast shall be announced | ||||||
19 | from the recording sheet for each candidate
and the vote for | ||||||
20 | and against each question or proposition. When voting
machines | ||||||
21 | are used in an election precinct, the watchers provided by law | ||||||
22 | to
be present in the polling place on election day shall be | ||||||
23 | permitted to make
a record of the number on the metal seal with | ||||||
24 | which each voting machine is
sealed, and to also record the | ||||||
25 | number shown on the protective counter of
each voting machine, | ||||||
26 | and such watchers shall also be permitted to examine
the |
| |||||||
| |||||||
1 | counters of the voting machines as the totals are being | ||||||
2 | announced for
transcription to the return sheets or from the | ||||||
3 | recording sheets and also to
examine the return sheets or the | ||||||
4 | recording sheets as the totals are being
recorded or checked | ||||||
5 | thereon. In voting machine precincts where the voting
machine | ||||||
6 | is not equipped with the automatic recording sheet the officer,
| ||||||
7 | officers board or boards charged by law to furnish the ballot | ||||||
8 | labels for
the voting machines shall also furnish for each | ||||||
9 | election precinct in which
a voting machine is to be used, at | ||||||
10 | least two duplicate return sheets which
shall be used by the | ||||||
11 | precinct election board of such election precinct for
recording | ||||||
12 | the results of the election. Such return sheets shall be | ||||||
13 | printed
in the form of a diagram exactly corresponding, in | ||||||
14 | arrangement, with the
face of the voting machine, and such | ||||||
15 | return sheets shall also correspond,
in as far as arrangement | ||||||
16 | is concerned, with the sample ballots, and each
return sheet | ||||||
17 | shall provide printed instructions for the exact procedure
| ||||||
18 | which the precinct election board shall follow when making the | ||||||
19 | canvass of
the results of the election, and such return sheets | ||||||
20 | shall also provide the
office titles, party names, candidates' | ||||||
21 | names and code letters and number,
arranged in the same manner | ||||||
22 | as on the ballot labels, and there shall be
provided a space | ||||||
23 | for inserting the serial number of each voting machine, so
that | ||||||
24 | the totals recorded from each voting machine may be identified | ||||||
25 | as
being from a certain voting machine, and there shall be | ||||||
26 | provided a space
for recording such separate total for each |
| |||||||
| |||||||
1 | candidate and constitutional
amendment, or other question or | ||||||
2 | proposition, from each separate voting
machine, and a space for | ||||||
3 | recording the total of the vote by mail and early mail and | ||||||
4 | absentee vote
in the same manner, so that the final total for | ||||||
5 | each candidate,
constitutional amendment, question or other | ||||||
6 | proposition, may be totaled by
adding all the figures in a | ||||||
7 | column. Totals on the return sheets shall be
recorded in | ||||||
8 | figures only, in ink. The same authorities shall also furnish
| ||||||
9 | to each such election precinct suitable printed forms for use | ||||||
10 | by the
precinct election board, in making out the certificates | ||||||
11 | provided for in
this Article. Such certificates shall be made a | ||||||
12 | part of the return sheets
if practicable, or may be on separate | ||||||
13 | sheets.
| ||||||
14 | (Source: Laws 1961, p. 2492.)
| ||||||
15 | (10 ILCS 5/24-16) (from Ch. 46, par. 24-16)
| ||||||
16 | Sec. 24-16.
The precinct election officers shall then | ||||||
17 | ascertain the
number of votes which the candidates received | ||||||
18 | both on the machine or
machines, and by the voting of irregular | ||||||
19 | ballots, if any. Except when
the machine is equipped with a | ||||||
20 | device which will automatically record
the registering column | ||||||
21 | on the back of the machine to sheets of paper
giving the | ||||||
22 | accurate vote cast for each candidate. Two precinct election
| ||||||
23 | officials, not members of the same political party, shall write | ||||||
24 | the
totals in figures, in ink, for such candidate on the | ||||||
25 | duplicate return
sheets provided for that purpose, while one |
| |||||||
| |||||||
1 | election officer announces
in a distinct voice the total vote | ||||||
2 | cast for each candidate thus
ascertained in the order of the | ||||||
3 | offices as their titles are arranged on
the ballot label, and | ||||||
4 | the remaining precinct election official or
officials, if any, | ||||||
5 | shall be stationed at the counter compartment of the
voting | ||||||
6 | machine being canvassed and shall watch each total as it is | ||||||
7 | being
called out from the registering counters. Each precinct | ||||||
8 | election
official who is recording the totals on the return | ||||||
9 | sheets shall
distinctly repeat each total as it is announced | ||||||
10 | from the counter of the
voting machine. The totals of each | ||||||
11 | machine for each candidate shall be
recorded on the return | ||||||
12 | sheets in such a manner that they may be
identified by the | ||||||
13 | serial number of the voting machine. The vote both for
and | ||||||
14 | against each question or other proposition shall also be | ||||||
15 | announced
and recorded in the same manner as the vote for the | ||||||
16 | candidates. When the
machine is equipped with a device which | ||||||
17 | will automatically record the
registering column on the back of | ||||||
18 | the machine to recording sheets of
paper giving the accurate | ||||||
19 | vote cast for each candidate then the totals
cast for each | ||||||
20 | candidate or each question or proposition shall be called
out | ||||||
21 | the same as if they were being read from the Counter | ||||||
22 | Compartment of
the voting machine, provided however the paper | ||||||
23 | recording sheet shall
constitute the return sheet for the | ||||||
24 | precinct or consolidated area and no
return sheets shall be | ||||||
25 | required. When more than one voting machine is
used in the same | ||||||
26 | election precinct, the canvass of the first machine
shall be |
| |||||||
| |||||||
1 | completed before the second and so on. When the canvass of all
| ||||||
2 | totals shall have been completed, the precinct election board | ||||||
3 | shall
canvass all vote by mail and early absentee ballots in | ||||||
4 | the same manner provided by law for
canvassing paper ballots. | ||||||
5 | The totals of the vote by mail and early absentee votes for | ||||||
6 | each
candidate and for each question or other proposition shall | ||||||
7 | be recorded
on the return sheets under the totals from the | ||||||
8 | voting machines and the
final total of the votes received by | ||||||
9 | each candidate, and each
constitutional amendment, question or | ||||||
10 | other proposition, shall be
ascertained and recorded in the | ||||||
11 | space provided for that purpose on the
return sheets. Upon the | ||||||
12 | completion of the canvass as hereinbefore
provided, one of the | ||||||
13 | precinct election officials shall, in a loud and
distinct voice | ||||||
14 | announce the total votes received by each candidate, and
the | ||||||
15 | total votes cast both for and against each constitutional | ||||||
16 | amendment,
question or other proposition, and such | ||||||
17 | proclamation shall be made
slowly enough so as to enable anyone | ||||||
18 | desiring to do so, to record each
such result as it is | ||||||
19 | announced. Except where a voting machine is
equipped with an | ||||||
20 | automatic recording sheet when the proclamation is
completed, | ||||||
21 | the election official who announced the totals from the
| ||||||
22 | counters of the machine or machines, shall take his place at | ||||||
23 | one of the
return sheets and one of the election officials of | ||||||
24 | the opposite party
who has completed the recording of the | ||||||
25 | returns on the return sheets
shall take his place at the | ||||||
26 | counter compartment of the voting machine
first canvassed, and |
| |||||||
| |||||||
1 | he shall then proceed to announce each total on
each | ||||||
2 | registering counter in the same manner as it was done for the | ||||||
3 | first
canvass. Before the recheck of the voting machine is | ||||||
4 | begun, the two
precinct election officials who are to recheck | ||||||
5 | the totals on the return
sheets shall exchange return sheets | ||||||
6 | and each election official shall
then, as the canvass proceeds, | ||||||
7 | check each total as it is announced from
the registering | ||||||
8 | counters of the voting machine or machines for the
second time. | ||||||
9 | As each total is announced each precinct election official
who | ||||||
10 | is checking the totals on the return sheets shall repeat in a | ||||||
11 | loud
and distinct voice each total as it is announced. If any | ||||||
12 | errors in the
original canvass are discovered they shall be | ||||||
13 | corrected at once in the
presence of all the precinct election | ||||||
14 | officials and a certificate shall
be prepared and signed by | ||||||
15 | each such election official, setting forth
which errors were | ||||||
16 | discovered and what corrections were made, and such
certificate | ||||||
17 | shall be made in duplicate and one filed with each return
| ||||||
18 | sheet. During the process of rechecking each total on the | ||||||
19 | machines, the
precinct election official or officials, if any, | ||||||
20 | who at the original
canvass acted as watcher or watchers at the | ||||||
21 | registering counters of the
machines, shall in the same manner | ||||||
22 | verify the accuracy of each total as
it is announced from the | ||||||
23 | machine or machines and is repeated by the two
precinct | ||||||
24 | election officials who are rechecking the totals as written on
| ||||||
25 | the return sheets. When this recheck is completed the entire | ||||||
26 | precinct
election board shall take one of the return sheets and |
| |||||||
| |||||||
1 | fold it in
accordion pleats approximately ten inches wide with | ||||||
2 | the face of the
return sheet out, in such a manner that each | ||||||
3 | pleat can easily be turned
as the final recheck proceeds. The | ||||||
4 | entire precinct election board shall
then begin at the voting | ||||||
5 | machine first canvassed and each such election
official shall, | ||||||
6 | simultaneously with the other such election officials,
and in | ||||||
7 | the presence of each other, examine each registering counter on
| ||||||
8 | the voting machine, and immediately examine the corresponding | ||||||
9 | record for
that counter, as it is written on the return sheet, | ||||||
10 | and shall satisfy
himself that both numbers are the same. Each | ||||||
11 | total on each voting
machine shall be as examined and when such | ||||||
12 | examination has been
completed, the entire precinct election | ||||||
13 | board shall then compare each
total on such return sheet with | ||||||
14 | the corresponding total on the duplicate
return sheet and each | ||||||
15 | precinct election official shall satisfy himself
that all | ||||||
16 | totals are the same on both return sheets. Each precinct
| ||||||
17 | election official shall sign a certificate stating that each | ||||||
18 | step in the
canvass of the voting machines, as provided herein, | ||||||
19 | has been carefully
and faithfully carried out in every detail. | ||||||
20 | If any errors are discovered
during the final recheck of the | ||||||
21 | registering counters and comparison of
the duplicate return | ||||||
22 | sheets, such errors shall be corrected at once, and
each | ||||||
23 | precinct election official shall sign a certificate stating | ||||||
24 | which
errors were found and what corrections were made and such | ||||||
25 | corrections
shall be made in the presence of all the precinct | ||||||
26 | election officials.
The precinct election board shall then |
| |||||||
| |||||||
1 | canvass the irregular ballot in
substantially the same manner | ||||||
2 | as the law provides for canvassing the
returns for paper | ||||||
3 | ballots, and shall record the results thereof on the
return | ||||||
4 | sheets in the space provided for that purpose. Before leaving | ||||||
5 | the
room and before closing and locking the counting | ||||||
6 | compartment, each
precinct election official shall make and | ||||||
7 | sign the certificate and
written statements and the return | ||||||
8 | sheets of such election as provided by
law. In precincts where | ||||||
9 | the voting machines are equipped with the
automatic recording | ||||||
10 | sheet and two or more machines the total vote cast
for each | ||||||
11 | candidate, question or proposition from each machine shall be
| ||||||
12 | recorded separately on the statement of votes as provided for | ||||||
13 | in Section
18-14, and the grand total of all votes appearing on | ||||||
14 | the recording
sheets shall be recorded on the statement of | ||||||
15 | votes and proclaimed by the
judges in the same manner as is | ||||||
16 | herein provided for proclamation of
votes from the return | ||||||
17 | sheets. All vote by mail absentee ballots and irregular ballots
| ||||||
18 | of each voting machine shall be returned to the proper officer | ||||||
19 | together
with the return sheets and certificates and supplies | ||||||
20 | and such vote by mail absentee
ballots and irregular machine | ||||||
21 | ballots shall be preserved and finally
destroyed as is now | ||||||
22 | provided by law when paper ballots are used. The
written | ||||||
23 | statements or returns so made, after having been properly
| ||||||
24 | signed, shall be distinctly and clearly read in the hearing of | ||||||
25 | all
persons present in the polling place, and ample opportunity | ||||||
26 | shall be
given to compare the results so certified with the |
| |||||||
| |||||||
1 | counter dials of the
machine. After such comparison and | ||||||
2 | correction, if any is made, the
precinct election officials | ||||||
3 | shall then close the counting compartment
and lock the same. | ||||||
4 | Thereafter the voting machine shall remain locked and
sealed | ||||||
5 | against voting for a period of at least 30 days, after the
| ||||||
6 | results of the election have been declared, unless otherwise | ||||||
7 | ordered by
the circuit court: provided, however, upon | ||||||
8 | application to the circuit
court, the circuit judge may order | ||||||
9 | the said machines opened prior to the
thirty day period herein | ||||||
10 | required to be closed. The circuit court in its
order shall | ||||||
11 | specify the manner in which the count recorded on the
machines | ||||||
12 | shall be taken and preserved: provided, however, when the
| ||||||
13 | machines are equipped with any recording or photographic device | ||||||
14 | on which
votes registered on the mechanical counters will be | ||||||
15 | separately recorded
or photographed, as provided in Section | ||||||
16 | 24-18 hereof, and it is
necessary to use said machines at an | ||||||
17 | election occurring within said 30
days, then after the machines | ||||||
18 | have remained locked for a period of 48
hours they may be | ||||||
19 | prepared for such subsequent election as herein
provided. | ||||||
20 | Whenever it is necessary to reset the machines for another
| ||||||
21 | election prior to the time limit for the filing of election | ||||||
22 | contests, it
shall be the duty of the proper officials to make | ||||||
23 | a photographic record
of the machines involved to be used in | ||||||
24 | case of an election contest,
whereupon the machines may be set | ||||||
25 | back to zero and arranged for the next
election.
| ||||||
26 | (Source: P.A. 80-704.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
| ||||||
2 | Sec. 24A-6. The ballot information, whether placed on the | ||||||
3 | ballot or
on the marking device, shall, as far as practicable, | ||||||
4 | be in the order of
arrangement provided for paper ballots, | ||||||
5 | except that such information may
be in vertical or horizontal | ||||||
6 | rows, or in a number of separate pages.
Ballots for all | ||||||
7 | questions or propositions to be voted on must be
provided in | ||||||
8 | the same manner and must be arranged on or in the marking
| ||||||
9 | device or on the ballot sheet in the places provided for such | ||||||
10 | purposes.
| ||||||
11 | When an electronic voting system utilizes a ballot label | ||||||
12 | booklet and
ballot card, ballots for candidates, ballots | ||||||
13 | calling for a
constitutional convention, constitutional | ||||||
14 | amendment ballots, judicial
retention ballots, public | ||||||
15 | measures, and all propositions to be voted
upon may be placed | ||||||
16 | on the electronic voting device by providing in the
ballot | ||||||
17 | booklet separate ballot label pages or series of pages
| ||||||
18 | distinguished by differing colors as provided below. When an | ||||||
19 | electronic
voting system utilizes a ballot sheet, ballots | ||||||
20 | calling for a constitutional
convention, constitutional | ||||||
21 | amendment ballots and judicial retention ballots
shall be | ||||||
22 | placed on the ballot sheet by providing a separate portion of | ||||||
23 | the
ballot sheet for each such kind of ballot which shall be | ||||||
24 | printed in ink
of a color distinct from the color of ink used | ||||||
25 | in printing any other portion
of the ballot sheet. Ballots for |
| |||||||
| |||||||
1 | candidates, public measures and all other
propositions to be | ||||||
2 | voted upon shall be placed on the ballot sheet by providing
a | ||||||
3 | separate portion of the ballot sheet for each such kind of | ||||||
4 | ballot. Whenever a person has submitted a declaration of intent | ||||||
5 | to be a write-in candidate as required in Sections 17-16.1 and | ||||||
6 | 18-9.1,
a line
on which the name of a candidate may be written | ||||||
7 | by the voter shall be printed below the name of the last | ||||||
8 | candidate nominated for such office, and immediately
to the | ||||||
9 | left of such line an area shall be provided for marking a vote | ||||||
10 | for
such write-in candidate. The number of write-in lines for | ||||||
11 | an office shall equal the number of persons who have filed | ||||||
12 | declarations of intent to be write-in candidates plus an | ||||||
13 | additional line or lines for write-in candidates who qualify to | ||||||
14 | file declarations to be write-in candidates under Sections | ||||||
15 | 17-16.1 and 18-9.1 when the certification of ballot contains | ||||||
16 | the words "OBJECTION PENDING" next to the name of the | ||||||
17 | candidate, up to the number of candidates for which a voter may | ||||||
18 | vote. More than one amendment to the constitution may
be placed | ||||||
19 | on the same ballot page or series of pages or on the same | ||||||
20 | portion
of the ballot sheet, as the case may be. Ballot label | ||||||
21 | pages for
constitutional conventions or constitutional | ||||||
22 | amendments shall be on paper
of blue color and shall precede | ||||||
23 | all other ballot label pages in the ballot
label booklet. More | ||||||
24 | than one public measure or proposition may be placed
on the | ||||||
25 | same ballot label page or series of pages or on the same | ||||||
26 | portion of
the ballot sheet, as the case may be. More than one |
| |||||||
| |||||||
1 | proposition for
retention of judges in office may be placed on | ||||||
2 | the same ballot label page
or series of pages or on the same | ||||||
3 | portion of the ballot sheet, as the case
may be. Ballot label | ||||||
4 | pages for candidates shall be on paper of white
color, except | ||||||
5 | that in primary elections the ballot label page or pages for
| ||||||
6 | the candidates of each respective political party shall be of | ||||||
7 | the color
designated by the election official in charge of the | ||||||
8 | election for that
political party's candidates; provided that | ||||||
9 | the ballot label pages or pages
for candidates for use at the | ||||||
10 | nonpartisan and consolidated elections may be
on paper of | ||||||
11 | different colors, except blue, whenever necessary or desirable
| ||||||
12 | to facilitate distinguishing between the pages for different | ||||||
13 | political
subdivisions. On each page
of
the candidate booklet, | ||||||
14 | where the election is made to list ballot
information | ||||||
15 | vertically, the party affiliation of each candidate or the word
| ||||||
16 | "independent" shall appear immediately to the left of the | ||||||
17 | candidate's
name, and the name of candidates for the same | ||||||
18 | office shall be listed
vertically under the title of that | ||||||
19 | office. If no candidate or candidates file for an office and if | ||||||
20 | no person or persons file a declaration as a write-in candidate | ||||||
21 | for that office, then below the title of that office the | ||||||
22 | election authority instead shall print "No Candidate". In the | ||||||
23 | case of nonpartisan
elections for officers of political | ||||||
24 | subdivisions, unless the statute or
an ordinance adopted | ||||||
25 | pursuant to Article VII of the Constitution
requires otherwise, | ||||||
26 | the listing of such nonpartisan candidates shall not
include |
| |||||||
| |||||||
1 | any party or "independent" designation. Ballot label pages for
| ||||||
2 | judicial retention ballots shall be on paper of green color, | ||||||
3 | and ballot
label pages for all public measures and other | ||||||
4 | propositions shall be on
paper of some other distinct and | ||||||
5 | different color. In primary elections,
a separate ballot label | ||||||
6 | booklet, marking device and voting booth shall
be used for each | ||||||
7 | political party holding a primary, with the ballot
label | ||||||
8 | booklet arranged to include ballot label pages of the | ||||||
9 | candidates
of the party and public measures and other | ||||||
10 | propositions to be voted upon
on the day of the primary | ||||||
11 | election. One ballot card may be used for
recording the voter's | ||||||
12 | vote or choice on all such ballots, proposals,
public measures | ||||||
13 | or propositions, and such ballot card shall be arranged
so as | ||||||
14 | to record the voter's vote or choice in a separate column or
| ||||||
15 | columns for each such kind of ballot, proposal, public measure | ||||||
16 | or
proposition.
| ||||||
17 | If the ballot label booklet includes both candidates for | ||||||
18 | office and
public measures or propositions to be voted on, the | ||||||
19 | election official in
charge of the election shall divide the | ||||||
20 | pages by protruding tabs
identifying the division of the pages, | ||||||
21 | and printing on such tabs
"Candidates" and "Propositions".
| ||||||
22 | The ballot card and all of its columns and the ballot card | ||||||
23 | envelope
shall be of the color prescribed for candidate's | ||||||
24 | ballots at the general
or primary election, whichever is being | ||||||
25 | held. At an election where no
candidates are being nominated or | ||||||
26 | elected, the ballot card, its columns,
and the ballot card |
| |||||||
| |||||||
1 | envelope shall be of a color designated by the election
| ||||||
2 | official in charge of the election.
| ||||||
3 | The ballot cards, ballot card envelopes and ballot sheets | ||||||
4 | may, at the
discretion of the election authority, be printed on | ||||||
5 | white paper and then
striped with the appropriate colors.
| ||||||
6 | When ballot sheets are used, the various portions thereof | ||||||
7 | shall be arranged
to conform to the foregoing format.
| ||||||
8 | Vote by mail and early Absentee ballots may consist of | ||||||
9 | ballot cards, envelopes, paper ballots
or ballot sheets voted | ||||||
10 | in person in the office of the election official in
charge of | ||||||
11 | the election or voted by mail. Where a ballot card is used for
| ||||||
12 | voting by mail it must be accompanied by a punching tool or | ||||||
13 | other
appropriate marking device, voter instructions and a | ||||||
14 | specimen ballot
showing the proper positions to vote on the | ||||||
15 | ballot card or ballot sheet for
each party, candidate, | ||||||
16 | proposal, public measure or proposition, and in the
case of a | ||||||
17 | ballot card must be mounted on a suitable material to receive | ||||||
18 | the
punched out chip.
| ||||||
19 | Any voter who spoils his ballot or makes an error may | ||||||
20 | return the
ballot to the judges of election and secure another. | ||||||
21 | However, the
protruding identifying tab for proposals for a | ||||||
22 | constitutional convention
or constitutional amendments shall | ||||||
23 | have printed thereon "Constitutional
Ballot", and the ballot | ||||||
24 | label page or pages for such proposals shall
precede the ballot | ||||||
25 | label pages for candidates in the ballot label
booklet.
| ||||||
26 | (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/24A-10) (from Ch. 46, par. 24A-10)
| ||||||
2 | Sec. 24A-10. (1) In an election jurisdiction which has | ||||||
3 | adopted an
electronic voting system, the election official in | ||||||
4 | charge of the
election shall select one of the 3 following | ||||||
5 | procedures for receiving,
counting, tallying, and return of the | ||||||
6 | ballots:
| ||||||
7 | (a) Two ballot boxes shall be provided for each polling | ||||||
8 | place. The
first ballot box is for the depositing of votes cast | ||||||
9 | on the electronic
voting system; and the second ballot box is | ||||||
10 | for all votes cast on paper
ballots, including any
paper | ||||||
11 | ballots
required to be voted other than on the electronic | ||||||
12 | voting system.
Ballots
deposited in the second
ballot box shall | ||||||
13 | be counted, tallied, and returned as is elsewhere
provided in | ||||||
14 | "The Election Code," as amended, for the counting and
handling | ||||||
15 | of paper ballots. Immediately after the closing of the polls, | ||||||
16 | the judges of election shall make out a slip indicating the
| ||||||
17 | number of persons who voted in the precinct at the election. | ||||||
18 | Such slip
shall be signed by all the judges of election and | ||||||
19 | shall be inserted by
them in the first ballot box. The judges | ||||||
20 | of election shall thereupon
immediately lock each ballot box; | ||||||
21 | provided, that if
such box is not of a type which may be | ||||||
22 | securely locked, such box shall be
sealed with filament tape | ||||||
23 | provided for such purpose
which shall be wrapped around the box | ||||||
24 | lengthwise and crosswise, at least
twice each way, and in such | ||||||
25 | manner that the seal completely covers the
slot in the ballot |
| |||||||
| |||||||
1 | box, and each of the judges shall sign such seal. Thereupon
two | ||||||
2 | of the judges of election, of different political parties, | ||||||
3 | shall
forthwith and by the most direct route transport both | ||||||
4 | ballot boxes to
the counting location designated by the county | ||||||
5 | clerk or board of
election commissioners.
| ||||||
6 | Before the ballots of a precinct are fed to the electronic | ||||||
7 | tabulating
equipment, the first ballot box shall be opened at | ||||||
8 | the central counting
station by the two precinct transport | ||||||
9 | judges. Upon opening a ballot box,
such team shall first count | ||||||
10 | the number of ballots in the box. If 2 or
more are folded | ||||||
11 | together so as to appear to have been cast by the same
person, | ||||||
12 | all of the ballots so folded together shall be marked and
| ||||||
13 | returned with the other ballots in the same condition, as near | ||||||
14 | as may
be, in which they were found when first opened, but | ||||||
15 | shall not be
counted. If the remaining ballots are found to | ||||||
16 | exceed the number of
persons voting in the precinct as shown by | ||||||
17 | the slip signed by the judges
of election, the ballots shall be | ||||||
18 | replaced in the box, and the box
closed and well shaken and | ||||||
19 | again opened and one of the precinct
transport judges shall | ||||||
20 | publicly draw out so many ballots unopened as are
equal to such | ||||||
21 | excess.
| ||||||
22 | Such excess ballots shall be marked "Excess-Not Counted" | ||||||
23 | and signed
by the two precinct transport judges and shall be | ||||||
24 | placed in the "After
7:00 p.m. Defective Ballots Envelope". The | ||||||
25 | number of excess ballots
shall be noted in the remarks section | ||||||
26 | of the Certificate of Results.
"Excess" ballots shall not be |
| |||||||
| |||||||
1 | counted in the total of "defective"
ballots.
| ||||||
2 | The precinct transport judges shall then examine the | ||||||
3 | remaining
ballots for write-in votes and shall count and | ||||||
4 | tabulate the write-in
vote; or
| ||||||
5 | (b) A single ballot box, for the deposit of all votes cast, | ||||||
6 | shall be
used. All ballots which are not to be tabulated on the | ||||||
7 | electronic voting
system shall be counted, tallied, and | ||||||
8 | returned as elsewhere provided in
"The Election Code," as | ||||||
9 | amended, for the counting and handling of paper
ballots.
| ||||||
10 | All ballots to be processed and tabulated with the | ||||||
11 | electronic voting
system shall be processed as follows:
| ||||||
12 | Immediately after the closing of the polls, the precinct | ||||||
13 | judges of
election then shall open the ballot box and canvass | ||||||
14 | the votes polled to
determine that the number of ballots | ||||||
15 | therein agree with the number of
voters voting as shown by the | ||||||
16 | applications for ballot or if the same do
not agree the judges | ||||||
17 | of election shall make such ballots agree with the
applications | ||||||
18 | for ballot in the manner provided by Section 17-18 of "The
| ||||||
19 | Election Code." The judges of election shall then examine all | ||||||
20 | ballot cards and ballot card envelopes which
are in
the ballot | ||||||
21 | box to determine whether the
ballot cards and
ballot card | ||||||
22 | envelopes bear the initials of a precinct judge of election.
If | ||||||
23 | any ballot card or ballot card envelope is not
initialed, it | ||||||
24 | shall be marked on the back "Defective," initialed as to
such | ||||||
25 | label by all judges immediately under such word "Defective," | ||||||
26 | and
not counted, but placed in the envelope provided for that |
| |||||||
| |||||||
1 | purpose
labeled "Defective Ballots Envelope."
| ||||||
2 | When an electronic voting system is used which utilizes a | ||||||
3 | ballot
card, before separating the ballot cards from their | ||||||
4 | respective
covering envelopes, the judges of election shall | ||||||
5 | examine the ballot card
envelopes for write-in votes. When the | ||||||
6 | voter has voted a write-in vote,
the judges of election shall | ||||||
7 | compare the write-in vote with the votes on
the ballot card to | ||||||
8 | determine whether such write-in results in an
overvote for any | ||||||
9 | office. In case of an overvote for any office, the
judges of | ||||||
10 | election, consisting in each case of at least one judge of
| ||||||
11 | election of each of the two major political parties, shall make | ||||||
12 | a true
duplicate ballot of all votes on such ballot card except | ||||||
13 | for the office
which is overvoted, by using the ballot label | ||||||
14 | booklet of the precinct
and one of the marking devices of the | ||||||
15 | precinct so as to transfer all
votes of the voter except for | ||||||
16 | the office overvoted, to an official
ballot card of that kind | ||||||
17 | used in the precinct at that election. The
original ballot card | ||||||
18 | and envelope upon which there is an overvote shall
be clearly | ||||||
19 | labeled "Overvoted Ballot", and each shall bear the same
serial | ||||||
20 | number which shall be placed thereon by the judges of election,
| ||||||
21 | commencing with number 1 and continuing consecutively for the | ||||||
22 | ballots of
that kind in that precinct. The judges of election | ||||||
23 | shall initial the
"Duplicate Overvoted Ballot" ballot cards and | ||||||
24 | shall place them in the
box for return of the ballots. The | ||||||
25 | "Overvoted Ballot" ballots and their
envelopes shall be placed | ||||||
26 | in the "Duplicate Ballots" envelope. Envelopes
bearing |
| |||||||
| |||||||
1 | write-in votes marked in the place designated therefor and
| ||||||
2 | bearing the initials of a precinct judge of election and not | ||||||
3 | resulting
in an overvote and otherwise complying with the | ||||||
4 | election laws as to
marking shall be counted, tallied, and | ||||||
5 | their votes recorded on a tally
sheet provided by the election | ||||||
6 | official in charge of the election. The
ballot cards and ballot | ||||||
7 | card envelopes shall be separated and all except
any defective | ||||||
8 | or overvoted shall be placed separately in the box for
return | ||||||
9 | of the ballots. The judges of election shall examine the
| ||||||
10 | ballots and ballot cards to determine if any is damaged or | ||||||
11 | defective so
that it cannot be counted by the automatic | ||||||
12 | tabulating equipment. If any
ballot or ballot card is damaged | ||||||
13 | or defective so that it cannot properly
be counted by the | ||||||
14 | automatic tabulating equipment, the judges of
election, | ||||||
15 | consisting in each case of at least one judge of election of
| ||||||
16 | each of the two major political parties, shall make a true | ||||||
17 | duplicate
ballot of all votes on such ballot card by using the | ||||||
18 | ballot label
booklet of the precinct and one of the marking | ||||||
19 | devices of the precinct.
The original ballot or ballot card and | ||||||
20 | envelope shall be clearly labeled
"Damaged Ballot" and the | ||||||
21 | ballot or ballot card so produced "Duplicate
Damaged Ballot," | ||||||
22 | and each shall bear the same number which shall be
placed | ||||||
23 | thereon by the judges of election, commencing with number 1 and
| ||||||
24 | continuing consecutively for the ballots of that kind in the | ||||||
25 | precinct.
The judges of election shall initial the "Duplicate | ||||||
26 | Damaged Ballot"
ballot or ballot cards, and shall place them in |
| |||||||
| |||||||
1 | the box for return of
the ballots. The "Damaged Ballot" ballots | ||||||
2 | or ballot cards and their
envelopes shall be placed in the | ||||||
3 | "Duplicated Ballots" envelope. A slip
indicating the number of | ||||||
4 | voters voting in person shall be made out, signed by all
judges | ||||||
5 | of election, and inserted in the box for return of the ballots.
| ||||||
6 | The tally sheets recording the write-in votes shall be placed | ||||||
7 | in this
box. The judges of election thereupon immediately shall | ||||||
8 | securely lock the
ballot box or other suitable
box furnished | ||||||
9 | for return of the ballots by the election official in
charge of | ||||||
10 | the election; provided that if such box is not of a type which
| ||||||
11 | may be securely locked, such box shall be sealed with filament | ||||||
12 | tape provided
for such purpose which shall be wrapped around | ||||||
13 | the box lengthwise and crosswise,
at least twice each way. A | ||||||
14 | separate adhesive seal label signed by each of
the judges of | ||||||
15 | election of the precinct shall be affixed to the box so as
to | ||||||
16 | cover any slot therein and to identify the box of the precinct; | ||||||
17 | and
if such box is sealed with filament tape as provided herein | ||||||
18 | rather than
locked, such tape shall be wrapped around the box | ||||||
19 | as provided herein, but
in such manner that the separate | ||||||
20 | adhesive seal label affixed to the box
and signed by the judges | ||||||
21 | may not be removed without breaking the filament
tape and | ||||||
22 | disturbing the signature of the judges. Thereupon, 2 of the
| ||||||
23 | judges of election, of different major political parties, | ||||||
24 | forthwith shall
by the most direct route transport the box for
| ||||||
25 | return of the ballots and enclosed ballots and returns to the | ||||||
26 | central
counting location designated by the election official |
| |||||||
| |||||||
1 | in charge of the
election. If, however, because of the lack of | ||||||
2 | adequate parking
facilities at the central counting location or | ||||||
3 | for any other reason, it
is impossible or impracticable for the | ||||||
4 | boxes from all the polling places
to be delivered directly to | ||||||
5 | the central counting location, the election
official in charge | ||||||
6 | of the election may designate some other location to
which the | ||||||
7 | boxes shall be delivered by the 2 precinct judges. While at
| ||||||
8 | such other location the boxes shall be in the care and custody | ||||||
9 | of one or
more teams, each consisting of 4 persons, 2 from each | ||||||
10 | of the two major
political parties, designated for such purpose | ||||||
11 | by the election official
in charge of elections from | ||||||
12 | recommendations by the appropriate political
party | ||||||
13 | organizations. As soon as possible, the boxes shall be | ||||||
14 | transported
from such other location to the central counting | ||||||
15 | location by one or more
teams, each consisting of 4 persons, 2 | ||||||
16 | from each of the 2 major
political parties, designated for such | ||||||
17 | purpose by the election official
in charge of elections from | ||||||
18 | recommendations by the appropriate political
party | ||||||
19 | organizations.
| ||||||
20 | The "Defective Ballots" envelope, and "Duplicated Ballots" | ||||||
21 | envelope
each shall be securely sealed and the flap or end | ||||||
22 | thereof of each signed
by the precinct judges of election and | ||||||
23 | returned to the central counting
location with the box for | ||||||
24 | return of the ballots, enclosed ballots and
returns.
| ||||||
25 | At the central counting location, a team of tally judges | ||||||
26 | designated
by the election official in charge of the election |
| |||||||
| |||||||
1 | shall check the box
returned containing the ballots to | ||||||
2 | determine that all seals are intact,
and thereupon shall open | ||||||
3 | the box, check the voters' slip and compare the
number of | ||||||
4 | ballots so delivered against the total number of voters of the
| ||||||
5 | precinct who voted, remove the ballots or ballot cards and | ||||||
6 | deliver them
to the technicians operating the automatic | ||||||
7 | tabulating equipment. Any
discrepancies between the number of | ||||||
8 | ballots and total number of voters
shall be noted on a sheet | ||||||
9 | furnished for that purpose and signed by the
tally judges; or
| ||||||
10 | (c) A single ballot box, for the deposit of all votes cast, | ||||||
11 | shall be used.
Immediately after the closing of the polls, the | ||||||
12 | precinct judges of election shall
securely
lock the ballot box; | ||||||
13 | provided that if such box is not of a
type which may be | ||||||
14 | securely locked, such box shall be sealed with filament
tape | ||||||
15 | provided for such purpose which shall be wrapped around the box | ||||||
16 | lengthwise
and crosswise, at least twice each way.
A separate | ||||||
17 | adhesive seal label signed by each of the judges of election
of | ||||||
18 | the precinct shall be affixed to the box so as to cover any | ||||||
19 | slot therein
and to identify the box of the precinct; and if | ||||||
20 | such box is sealed with
filament tape as provided herein rather | ||||||
21 | than locked, such tape shall be
wrapped around the box as | ||||||
22 | provided herein, but in such manner that the separate
adhesive | ||||||
23 | seal label affixed to the box and signed by the judges may not
| ||||||
24 | be removed without breaking the filament tape and disturbing | ||||||
25 | the signature
of the judges. Thereupon, 2 of the judges
of | ||||||
26 | election, of different
major political parties, shall |
| |||||||
| |||||||
1 | forthwith by the most direct route transport
the box for return | ||||||
2 | of the ballots and enclosed vote by mail absentee and early | ||||||
3 | ballots
and returns
to the central counting location designated | ||||||
4 | by the election official
in charge of the election. If however, | ||||||
5 | because of the lack of adequate
parking facilities at the | ||||||
6 | central counting location or for some other reason,
it is | ||||||
7 | impossible or impracticable for the boxes from all the polling | ||||||
8 | places
to be delivered directly to the central counting | ||||||
9 | location, the election
official in charge of the election may | ||||||
10 | designate some other location to
which the boxes shall be | ||||||
11 | delivered by the 2 precinct judges. While at
such other | ||||||
12 | location the boxes shall be in the care and custody of one or
| ||||||
13 | more teams, each consisting of 4 persons, 2 from each of the | ||||||
14 | two major
political
parties, designated for such purpose by the | ||||||
15 | election official in charge
of elections from recommendations | ||||||
16 | by the appropriate political party
organizations.
As soon as | ||||||
17 | possible, the boxes shall be transported from such other | ||||||
18 | location
to the central counting location by one or more teams, | ||||||
19 | each consisting of
4 persons, 2 from each of the 2 major | ||||||
20 | political parties, designated for
such purpose by the election | ||||||
21 | official in charge of the election from
recommendations
by the | ||||||
22 | appropriate political party organizations.
| ||||||
23 | At the central counting location there shall be one or more | ||||||
24 | teams of tally
judges who possess the same qualifications as | ||||||
25 | tally judges in election
jurisdictions
using paper ballots. The | ||||||
26 | number of such teams shall be determined by the
election |
| |||||||
| |||||||
1 | authority. Each team shall consist of 5 tally judges, 3 | ||||||
2 | selected
and approved by the county board from a certified list | ||||||
3 | furnished by the
chairman of the county central committee of | ||||||
4 | the party with the majority
of members on the county board and | ||||||
5 | 2 selected and approved by the county
board from a certified | ||||||
6 | list furnished by the chairman of the county central
committee | ||||||
7 | of the party with the second largest number of members
on the | ||||||
8 | county board. At the central counting location a team of tally | ||||||
9 | judges
shall open the ballot box and canvass the votes polled | ||||||
10 | to determine that
the number of ballot sheets
therein agree | ||||||
11 | with the number of voters voting as shown by the applications
| ||||||
12 | for ballot; and, if the same do not agree, the tally judges | ||||||
13 | shall make such
ballots agree with the number of applications | ||||||
14 | for ballot in the manner provided
by Section 17-18 of the | ||||||
15 | Election Code. The tally judges shall then examine
all ballot | ||||||
16 | sheets which are in the ballot box to determine whether they
| ||||||
17 | bear the initials of the precinct judge of election. If any | ||||||
18 | ballot is not
initialed, it shall be marked on the back | ||||||
19 | "Defective", initialed as to such
label by all tally judges | ||||||
20 | immediately under such word "Defective", and not
counted, but | ||||||
21 | placed in the envelope provided for that purpose labeled
| ||||||
22 | "Defective
Ballots Envelope". An overvote for one office shall | ||||||
23 | invalidate
only the vote or count of that particular office.
| ||||||
24 | At the central counting location, a team of tally judges | ||||||
25 | designated
by the election official in charge of the election | ||||||
26 | shall deliver the ballot
sheets to the technicians operating |
| |||||||
| |||||||
1 | the automatic tabulating equipment.
Any discrepancies between | ||||||
2 | the number of ballots and total number of voters
shall be noted | ||||||
3 | on a sheet furnished for that purpose and signed by the tally
| ||||||
4 | judges.
| ||||||
5 | (2) Regardless of which procedure described in subsection | ||||||
6 | (1) of this
Section is used,
the judges of election designated | ||||||
7 | to transport the ballots, properly signed
and sealed as | ||||||
8 | provided herein, shall ensure that the ballots are delivered
to | ||||||
9 | the central counting station no later than 12 hours after the | ||||||
10 | polls close.
At the central counting station a team of tally | ||||||
11 | judges designated by the
election official in charge of the | ||||||
12 | election shall examine the ballots so
transported and shall not | ||||||
13 | accept ballots for tabulating which are not signed
and sealed | ||||||
14 | as provided in subsection (1) of this Section until the
judges | ||||||
15 | transporting the
same make and sign the necessary corrections. | ||||||
16 | Upon acceptance of the ballots
by a team of tally judges at the | ||||||
17 | central counting station, the election
judges transporting the | ||||||
18 | same shall take a receipt signed by the election
official in | ||||||
19 | charge of the election and stamped with the date and time of
| ||||||
20 | acceptance. The election judges whose duty it is to transport | ||||||
21 | any ballots
shall, in the event
such ballots cannot be found | ||||||
22 | when needed, on proper request, produce the
receipt which they | ||||||
23 | are to take as above provided.
| ||||||
24 | (Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
| ||||||
25 | (10 ILCS 5/24A-15.1) (from Ch. 46, par. 24A-15.1)
|
| |||||||
| |||||||
1 | Sec. 24A-15.1. Except as herein provided, discovery | ||||||
2 | recounts and election
contests shall be conducted as otherwise | ||||||
3 | provided for in "The Election Code",
as amended. The automatic | ||||||
4 | tabulating equipment shall be tested prior to the
discovery | ||||||
5 | recount or election contest as provided in Section 24A-9, and
| ||||||
6 | then the official ballots or ballot cards shall be recounted on | ||||||
7 | the
automatic tabulating equipment. In addition, (1) the ballot | ||||||
8 | or ballot cards
shall be checked for the presence or absence of | ||||||
9 | judges' initials and other
distinguishing marks, and (2) the | ||||||
10 | ballots marked "Rejected", "Defective",
Objected to",
" Vote by | ||||||
11 | Mail Absentee Ballot", and "Early Ballot" shall be
examined
to | ||||||
12 | determine the
propriety of the labels, and (3) the "Duplicate | ||||||
13 | Vote by Mail Absentee Ballots",
"Duplicate Early Ballots",
| ||||||
14 | "Duplicate Overvoted Ballots" and "Duplicate
Damaged Ballots" | ||||||
15 | shall be
compared with their respective originals to determine | ||||||
16 | the correctness of
the duplicates.
| ||||||
17 | Any person who has filed a petition for discovery recount | ||||||
18 | may request that
a redundant count be conducted in those | ||||||
19 | precincts in which the discovery
recount is being conducted. | ||||||
20 | The additional costs of such a redundant count
shall be borne | ||||||
21 | by the requesting party.
| ||||||
22 | The log of the computer operator and all materials retained | ||||||
23 | by the election
authority in relation to vote tabulation and | ||||||
24 | canvass shall be made available
for any discovery recount or | ||||||
25 | election contest.
| ||||||
26 | (Source: P.A. 98-756, eff. 7-16-14.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/24B-6) | ||||||
2 | Sec. 24B-6. Ballot Information; Arrangement; Electronic | ||||||
3 | Precinct
Tabulation Optical Scan Technology Voting System; | ||||||
4 | Vote by Mail Absentee
Ballots; Early Ballots; Spoiled Ballots. | ||||||
5 | The ballot information, shall, as far
as practicable, be in the | ||||||
6 | order of arrangement provided for paper
ballots, except that | ||||||
7 | the information may be in vertical or
horizontal rows, or on a | ||||||
8 | number of separate pages or displays on the marking
device. | ||||||
9 | Ballots for
all questions or propositions to be voted on should | ||||||
10 | be provided
in a similar manner and must be arranged on the | ||||||
11 | ballot sheet or marking
device in
the places provided for such | ||||||
12 | purposes. Ballots shall be of white
paper unless provided | ||||||
13 | otherwise by administrative rule of the State Board of
| ||||||
14 | Elections or otherwise specified. | ||||||
15 | All propositions, including but not limited to | ||||||
16 | propositions
calling for a constitutional convention, | ||||||
17 | constitutional
amendment, judicial retention, and public | ||||||
18 | measures to be voted
upon shall be placed on separate portions | ||||||
19 | of the ballot sheet or marking
device by
utilizing borders or | ||||||
20 | grey screens. Candidates shall be listed on
a separate portion | ||||||
21 | of the ballot sheet or marking device by utilizing
borders or
| ||||||
22 | grey screens. Whenever a person has submitted a declaration of | ||||||
23 | intent to be a write-in candidate as required in Sections | ||||||
24 | 17-16.1 and 18-9.1,
a line or lines on which the voter
may | ||||||
25 | select a
write-in candidate shall be printed below the name of |
| |||||||
| |||||||
1 | the last candidate nominated for such office. Such line or | ||||||
2 | lines shall be proximate to an area provided for marking
votes | ||||||
3 | for the write-in candidate or
candidates. The number of | ||||||
4 | write-in lines for an office shall equal the number
of persons | ||||||
5 | who have filed declarations of intent to be write-in candidates | ||||||
6 | plus an additional line or lines for write-in candidates who | ||||||
7 | qualify to file declarations to be write-in candidates under | ||||||
8 | Sections 17-16.1 and 18-9.1 when the certification of ballot | ||||||
9 | contains the words "OBJECTION PENDING" next to the name of that | ||||||
10 | candidate, up to the number of
candidates
for which a voter may | ||||||
11 | vote. In the case of write-in lines for the offices of Governor | ||||||
12 | and Lieutenant Governor, 2 lines shall be printed within a | ||||||
13 | bracket and a single square shall be printed in front of the | ||||||
14 | bracket. More than one amendment to the constitution may be
| ||||||
15 | placed on the
same portion of the ballot sheet or marking | ||||||
16 | device.
Constitutional convention or constitutional amendment
| ||||||
17 | propositions shall be printed or displayed on a separate | ||||||
18 | portion of the
ballot
sheet or marking device and designated by | ||||||
19 | borders or grey screens, unless
otherwise
provided by | ||||||
20 | administrative rule of the State Board of Elections.
More than | ||||||
21 | one public measure or proposition may be placed on the
same | ||||||
22 | portion of the ballot sheet or marking device. More than
one | ||||||
23 | proposition for retention of judges in office may be placed
on | ||||||
24 | the same portion of the ballot sheet or marking device.
Names | ||||||
25 | of candidates shall be printed in black. The party
affiliation | ||||||
26 | of each candidate or the word "independent" shall
appear near |
| |||||||
| |||||||
1 | or under the candidate's name, and the names of
candidates for | ||||||
2 | the same office shall be listed vertically under
the title of | ||||||
3 | that office, on separate pages of the marking device, or as
| ||||||
4 | otherwise approved by the State Board of Elections. If no | ||||||
5 | candidate or candidates file for an office and if no person or | ||||||
6 | persons file a declaration as a write-in candidate for that | ||||||
7 | office, then below the title of that office the election | ||||||
8 | authority instead shall print "No Candidate". In the case of
| ||||||
9 | nonpartisan elections
for officers of political subdivisions, | ||||||
10 | unless the statute or an
ordinance adopted pursuant to Article | ||||||
11 | VII of the Constitution
requires otherwise, the listing of | ||||||
12 | nonpartisan candidates
shall not include any party or | ||||||
13 | "independent" designation.
Judicial retention
questions and | ||||||
14 | ballot questions for all public measures and other propositions
| ||||||
15 | shall be designated by borders or grey screens on the ballot or | ||||||
16 | marking
device.
In primary
elections, a separate ballot, or | ||||||
17 | displays on the marking device, shall be
used for each | ||||||
18 | political
party holding a primary, with the ballot or marking | ||||||
19 | device arranged to
include
names of the candidates of the party | ||||||
20 | and public measures and
other propositions to be voted upon on | ||||||
21 | the day of the primary
election. | ||||||
22 | If the ballot includes both candidates for office and | ||||||
23 | public
measures or propositions to be voted on, the election | ||||||
24 | official in
charge of the election shall divide the ballot or | ||||||
25 | displays on the marking
device in sections for
"Candidates" and | ||||||
26 | "Propositions", or separate ballots may be used. |
| |||||||
| |||||||
1 | Vote by Mail or Early Ballots Absentee ballots may consist | ||||||
2 | of envelopes, paper ballots or
ballot sheets voted in person in | ||||||
3 | the office of the election
official in charge of the election | ||||||
4 | or voted by mail. Where a
Precinct Tabulation Optical Scan | ||||||
5 | Technology ballot is used for
voting by mail it must be | ||||||
6 | accompanied by voter instructions. | ||||||
7 | Any voter who spoils his or her ballot, makes an error, or | ||||||
8 | has a ballot
returned by the automatic tabulating equipment may | ||||||
9 | return
the ballot to the judges of election and get another | ||||||
10 | ballot. | ||||||
11 | (Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08; | ||||||
12 | 96-1018, eff. 1-1-11.)
| ||||||
13 | (10 ILCS 5/24B-10)
| ||||||
14 | Sec. 24B-10. Receiving, Counting, Tallying and Return of
| ||||||
15 | Ballots; Acceptance of Ballots by Election Authority.
| ||||||
16 | (a) In an election jurisdiction which has adopted an | ||||||
17 | electronic Precinct
Tabulation Optical Scan Technology voting | ||||||
18 | system, the election
official in charge of the election shall | ||||||
19 | select one of the 3
following procedures for receiving, | ||||||
20 | counting, tallying, and
return of the ballots:
| ||||||
21 | (1) Two ballot boxes shall be provided for each polling
| ||||||
22 | place. The first ballot box is for the depositing of votes | ||||||
23 | cast
on the electronic voting system; and the second ballot | ||||||
24 | box is for
all votes cast on other ballots, including any | ||||||
25 | paper ballots required to be voted other than on
the |
| |||||||
| |||||||
1 | Precinct Tabulation Optical Scan Technology electronic | ||||||
2 | voting
system. Ballots deposited in the second
ballot box | ||||||
3 | shall be counted, tallied, and returned as is
elsewhere | ||||||
4 | provided in this Code for the
counting and handling of | ||||||
5 | paper ballots. Immediately after the
closing of the polls, | ||||||
6 | the
judges of election shall make out a slip
indicating the | ||||||
7 | number of persons who voted in the precinct at the
| ||||||
8 | election. The slip shall be signed by all the judges of
| ||||||
9 | election and shall be inserted by them in the first ballot | ||||||
10 | box.
The judges of election shall thereupon immediately | ||||||
11 | lock each
ballot box; provided, that if the box is not of a | ||||||
12 | type which may
be securely locked, the box shall be sealed | ||||||
13 | with filament tape
provided for the purpose that shall be | ||||||
14 | wrapped around the box
lengthwise and crosswise, at least | ||||||
15 | twice each way, and in a
manner that the seal completely | ||||||
16 | covers the slot in the ballot
box, and each of the judges | ||||||
17 | shall sign the seal. Two
of the judges of election, of | ||||||
18 | different political parties, shall
by the most direct route | ||||||
19 | transport both ballot
boxes to the counting location | ||||||
20 | designated by the county clerk or
board of election | ||||||
21 | commissioners.
| ||||||
22 | Before the ballots of a precinct are fed to the | ||||||
23 | electronic
Precinct Tabulation Optical Scan Technology | ||||||
24 | tabulating equipment,
the first ballot box shall be opened | ||||||
25 | at the central counting
station by the 2 precinct transport | ||||||
26 | judges. Upon opening a
ballot box, the team shall first |
| |||||||
| |||||||
1 | count the number of ballots in
the box. If 2 or more are | ||||||
2 | folded together to appear to
have been cast by the same | ||||||
3 | person, all of the ballots folded
together shall be marked | ||||||
4 | and returned with the other ballots in
the same condition, | ||||||
5 | as near as may be, in which they were found
when first | ||||||
6 | opened, but shall not be counted. If the remaining
ballots | ||||||
7 | are found to exceed the number of persons voting in the
| ||||||
8 | precinct as shown by the slip signed by the judges of | ||||||
9 | election,
the ballots shall be replaced in the box, and the | ||||||
10 | box closed and
well shaken and again opened and one of the | ||||||
11 | precinct transport
judges shall publicly draw out so many | ||||||
12 | ballots unopened as are
equal to the excess.
| ||||||
13 | The excess ballots shall be marked "Excess-Not | ||||||
14 | Counted" and
signed by the 2 precinct transport judges and | ||||||
15 | shall be placed
in the "After 7:00 p.m. Defective Ballots | ||||||
16 | Envelope". The number
of excess ballots shall be noted in | ||||||
17 | the remarks section of the
Certificate of Results. "Excess" | ||||||
18 | ballots shall not be counted in
the total of "defective" | ||||||
19 | ballots.
| ||||||
20 | The precinct transport judges shall then examine the
| ||||||
21 | remaining ballots for write-in votes and shall count and | ||||||
22 | tabulate
the write-in vote.
| ||||||
23 | (2) A single ballot box, for the deposit of all votes | ||||||
24 | cast,
shall be used. All ballots which are not to be | ||||||
25 | tabulated on the
electronic voting system shall be counted, | ||||||
26 | tallied, and returned
as elsewhere provided in this Code |
| |||||||
| |||||||
1 | for the
counting and handling of paper ballots.
| ||||||
2 | All ballots to be processed and tabulated with the | ||||||
3 | electronic
Precinct Tabulation Optical Scan Technology | ||||||
4 | voting system shall
be processed as follows:
| ||||||
5 | Immediately after the closing of the polls, the | ||||||
6 | precinct judges of
election shall open the ballot box and | ||||||
7 | canvass the votes
polled to determine that the number of | ||||||
8 | ballots agree with
the number of voters voting as shown by | ||||||
9 | the applications for
ballot, or if the same do not agree | ||||||
10 | the judges of election shall
make such ballots agree with | ||||||
11 | the applications for ballot in the
manner provided by | ||||||
12 | Section 17-18 of this Code.
| ||||||
13 | In case of an overvote for any office, the judges of
| ||||||
14 | election, consisting in each case of at least one judge of
| ||||||
15 | election of each of the 2 major political parties, shall | ||||||
16 | make a
true duplicate ballot of all votes on the ballot | ||||||
17 | except for
the office which is overvoted, by using the | ||||||
18 | ballot of the
precinct and one of the marking devices, or | ||||||
19 | equivalent ballot, of the
precinct to
transfer all votes of | ||||||
20 | the voter except for the office overvoted,
to an official | ||||||
21 | ballot of that kind used in the precinct at
that election. | ||||||
22 | The original ballot upon which there is an
overvote shall | ||||||
23 | be clearly labeled "Overvoted Ballot", and each
shall bear | ||||||
24 | the same serial number which shall be placed thereon
by the | ||||||
25 | judges of election, beginning with number 1 and
continuing | ||||||
26 | consecutively for the ballots of that kind in that
|
| |||||||
| |||||||
1 | precinct. The judges of election shall initial the | ||||||
2 | "Duplicate
Overvoted Ballot" ballots and shall place them | ||||||
3 | in the box for
return of the ballots. The "Overvoted | ||||||
4 | Ballot" ballots shall be
placed in the "Duplicate Ballots" | ||||||
5 | envelope. The ballots except
any defective or overvoted | ||||||
6 | ballot shall be placed separately in
the box for return of | ||||||
7 | the ballots. The judges
of election shall examine the | ||||||
8 | ballots to determine if any is
damaged or defective so that | ||||||
9 | it cannot be counted by the
automatic tabulating equipment. | ||||||
10 | If any ballot is
damaged or defective so that it cannot | ||||||
11 | properly be counted by the
automatic tabulating equipment, | ||||||
12 | the judges of election,
consisting in each case of at least | ||||||
13 | one judge of election of each
of the 2 major political | ||||||
14 | parties, shall make a true duplicate
ballot of all votes on | ||||||
15 | such ballot by using the ballot of
the precinct and one of | ||||||
16 | the marking devices, or equivalent ballot, of the
precinct. | ||||||
17 | The
original ballot and ballot envelope shall be clearly
| ||||||
18 | labeled "Damaged Ballot" and the ballot so
produced | ||||||
19 | "Duplicate Damaged Ballot", and each shall bear the same
| ||||||
20 | number which shall be placed thereon by the judges of | ||||||
21 | election,
commencing with number 1 and continuing | ||||||
22 | consecutively for the
ballots of that kind in the precinct. | ||||||
23 | The judges of election
shall initial the "Duplicate Damaged | ||||||
24 | Ballot" ballot and shall place them in
the box for return | ||||||
25 | of the ballots.
The "Damaged Ballot" ballots
shall be | ||||||
26 | placed in the "Duplicated Ballots" envelope. A slip
|
| |||||||
| |||||||
1 | indicating the number of voters voting in person and the | ||||||
2 | total number
of voters of the precinct who voted at the | ||||||
3 | election shall be made
out, signed by all judges of | ||||||
4 | election, and inserted in the box
for return of the | ||||||
5 | ballots. The tally sheets recording the write-in votes | ||||||
6 | shall
be placed in this box. The judges of election | ||||||
7 | immediately shall
securely lock the ballot box or other | ||||||
8 | suitable box furnished for return of the
ballots by the | ||||||
9 | election official in charge of the election; provided that | ||||||
10 | if
the box is not of a type which may be securely locked, | ||||||
11 | the box shall be
sealed with filament tape provided for the | ||||||
12 | purpose which shall
be wrapped around the box lengthwise | ||||||
13 | and crosswise, at least
twice each way. A separate adhesive | ||||||
14 | seal label signed by each of
the judges of election of the | ||||||
15 | precinct shall be affixed to the
box to cover any slot | ||||||
16 | therein and to identify the box of
the precinct; and if the | ||||||
17 | box is sealed with filament tape as
provided rather than | ||||||
18 | locked, such tape shall be wrapped
around the box as | ||||||
19 | provided, but in such manner that the
separate adhesive | ||||||
20 | seal label affixed to the box and signed by the
judges may | ||||||
21 | not be removed without breaking the filament tape and
| ||||||
22 | disturbing the signature of the judges. Two of the
judges | ||||||
23 | of election, of different major political parties,
shall by | ||||||
24 | the most direct route transport the box for
return of the | ||||||
25 | ballots and enclosed ballots and returns to the
central | ||||||
26 | counting location designated by the election official in
|
| |||||||
| |||||||
1 | charge of the election. If, however, because of the lack of
| ||||||
2 | adequate parking facilities at the central counting | ||||||
3 | location or
for any other reason, it is impossible or | ||||||
4 | impracticable for the
boxes from all the polling places to | ||||||
5 | be delivered directly to the
central counting location, the | ||||||
6 | election official in charge of the
election may designate | ||||||
7 | some other location to which the boxes
shall be delivered | ||||||
8 | by the 2 precinct judges. While at the other
location the | ||||||
9 | boxes shall be in the care and custody of one or
more | ||||||
10 | teams, each consisting of 4 persons, 2 from each of the 2
| ||||||
11 | major political parties, designated for such purpose by the
| ||||||
12 | election official in charge of elections from | ||||||
13 | recommendations by
the appropriate political party | ||||||
14 | organizations. As soon as
possible, the boxes shall be | ||||||
15 | transported from the other location
to the central counting | ||||||
16 | location by one or more teams, each
consisting of 4 | ||||||
17 | persons, 2 from each of the 2 major political
parties, | ||||||
18 | designated for the purpose by the election official in
| ||||||
19 | charge of elections from recommendations by the | ||||||
20 | appropriate
political party organizations.
| ||||||
21 | The "Defective Ballots" envelope, and "Duplicated | ||||||
22 | Ballots"
envelope each shall be securely sealed and the | ||||||
23 | flap or end
of each envelope signed by the precinct judges | ||||||
24 | of election and
returned to the central counting location | ||||||
25 | with the box for return
of the ballots, enclosed ballots | ||||||
26 | and returns.
|
| |||||||
| |||||||
1 | At the central counting location, a team of tally | ||||||
2 | judges
designated by the election official in charge of the | ||||||
3 | election
shall check the box returned containing the | ||||||
4 | ballots to determine
that all seals are intact, and shall | ||||||
5 | open the box,
check the voters' slip and compare the number | ||||||
6 | of ballots so
delivered against the total number of voters | ||||||
7 | of the precinct who
voted, remove the ballots and deliver | ||||||
8 | them to the
technicians operating the automatic tabulating | ||||||
9 | equipment. Any
discrepancies between the number of ballots | ||||||
10 | and total number of
voters shall be noted on a sheet | ||||||
11 | furnished for that purpose and
signed by the tally judges.
| ||||||
12 | (3) A single ballot box, for the deposit of all votes | ||||||
13 | cast,
shall be used. Immediately after the closing of the | ||||||
14 | polls, the
precinct judges of election shall securely lock | ||||||
15 | the ballot box;
provided that if such box is not of a type | ||||||
16 | which may be securely
locked, the box shall be sealed with | ||||||
17 | filament tape provided for
the purpose which shall be | ||||||
18 | wrapped around the box lengthwise and
crosswise, at least | ||||||
19 | twice each way. A separate adhesive seal
label signed by | ||||||
20 | each of the judges of election of the precinct
shall be | ||||||
21 | affixed to the box to cover any slot therein and
to | ||||||
22 | identify the box of the precinct; and if the box is sealed
| ||||||
23 | with filament tape as provided rather than locked, such
| ||||||
24 | tape shall be wrapped around the box as provided, but in
a | ||||||
25 | manner that the separate adhesive seal label affixed to the
| ||||||
26 | box and signed by the judges may not be removed without |
| |||||||
| |||||||
1 | breaking
the filament tape and disturbing the signature of | ||||||
2 | the judges.
Two of the judges of election, of different | ||||||
3 | major
political parties, shall by the most direct route
| ||||||
4 | transport the box for return of the ballots and enclosed | ||||||
5 | vote by mail absentee and early
ballots and returns to the | ||||||
6 | central counting location designated
by the election | ||||||
7 | official in charge of the election. If however,
because of | ||||||
8 | the lack of adequate parking facilities at the central
| ||||||
9 | counting location or for some other reason, it is | ||||||
10 | impossible or
impracticable for the boxes from all the | ||||||
11 | polling places to be
delivered directly to the central | ||||||
12 | counting location, the election
official in charge of the | ||||||
13 | election may designate some other
location to which the | ||||||
14 | boxes shall be delivered by the 2 precinct
judges. While at | ||||||
15 | the other location the boxes shall be in the
care and | ||||||
16 | custody of one or more teams, each consisting of 4
persons, | ||||||
17 | 2 from each of the 2 major political parties,
designated | ||||||
18 | for the purpose by the election official in charge of
| ||||||
19 | elections from recommendations by the appropriate | ||||||
20 | political party
organizations. As soon as possible, the | ||||||
21 | boxes shall be
transported from the other location to the | ||||||
22 | central counting
location by one or more teams, each | ||||||
23 | consisting of 4 persons, 2
from each of the 2 major | ||||||
24 | political parties, designated for the
purpose by the | ||||||
25 | election official in charge of the election from
| ||||||
26 | recommendations by the appropriate political party |
| |||||||
| |||||||
1 | organizations.
| ||||||
2 | At the central counting location there shall be one or | ||||||
3 | more
teams of tally judges who possess the same | ||||||
4 | qualifications as
tally judges in election jurisdictions | ||||||
5 | using paper ballots. The
number of the teams shall be | ||||||
6 | determined by the election
authority. Each team shall | ||||||
7 | consist of 5 tally judges, 3 selected
and approved by the | ||||||
8 | county board from a certified list furnished
by the | ||||||
9 | chairman of the county central committee of the party with
| ||||||
10 | the majority of members on the county board and 2 selected | ||||||
11 | and
approved by the county board from a certified list | ||||||
12 | furnished by
the chairman of the county central committee | ||||||
13 | of the party with
the second largest number of members on | ||||||
14 | the county board. At the
central counting location a team | ||||||
15 | of tally judges shall open the
ballot box and canvass the | ||||||
16 | votes polled to determine that the
number of ballot sheets | ||||||
17 | therein agree with the number of voters
voting as shown by | ||||||
18 | the applications for ballot and, if the same do not agree, | ||||||
19 | the tally judges shall
make such ballots agree with the | ||||||
20 | number of applications for
ballot in the manner provided by | ||||||
21 | Section 17-18 of this
Code. The tally judges shall then | ||||||
22 | examine all ballot sheets
that are in the ballot box to | ||||||
23 | determine whether they bear the
initials of the precinct | ||||||
24 | judge of election. If any ballot is not
initialed, it shall | ||||||
25 | be marked on the back "Defective", initialed
as to that | ||||||
26 | label by all tally judges immediately under the word
|
| |||||||
| |||||||
1 | "Defective", and not counted, but placed in the envelope | ||||||
2 | provided
for that purpose labeled "Defective Ballots | ||||||
3 | Envelope". An
overvote for one office shall invalidate only | ||||||
4 | the vote or count
for that particular office.
| ||||||
5 | At the central counting location, a team of tally | ||||||
6 | judges
designated by the election official in charge of the | ||||||
7 | election
shall deliver the ballot sheets to the technicians | ||||||
8 | operating the
automatic Precinct Tabulation Optical Scan | ||||||
9 | Technology tabulating
equipment. Any discrepancies between | ||||||
10 | the number of ballots and
total number of voters shall be | ||||||
11 | noted on a sheet furnished for
that purpose and signed by | ||||||
12 | the tally judges.
| ||||||
13 | (b) Regardless of which procedure described in subsection
| ||||||
14 | (a) of this Section is used, the judges of election designated | ||||||
15 | to
transport the ballots properly signed and sealed,
shall | ||||||
16 | ensure that the ballots are delivered to the
central counting | ||||||
17 | station no later than 12 hours after the polls
close. At the | ||||||
18 | central counting station, a team of tally judges
designated by | ||||||
19 | the election official in charge of the election
shall examine | ||||||
20 | the ballots so transported and shall not accept
ballots for | ||||||
21 | tabulating which are not signed and sealed as
provided in | ||||||
22 | subsection (a) of this Section until the judges
transporting | ||||||
23 | the ballots make and sign the necessary corrections.
Upon | ||||||
24 | acceptance of the ballots by a team of tally judges at the
| ||||||
25 | central counting station, the election judges transporting the
| ||||||
26 | ballots shall take a receipt signed by the election official in
|
| |||||||
| |||||||
1 | charge of the election and stamped with the date and time of
| ||||||
2 | acceptance. The election judges whose duty it is to transport
| ||||||
3 | any ballots shall, in the event the ballots cannot be found | ||||||
4 | when
needed, on proper request, produce the receipt which they | ||||||
5 | are to
take as above provided.
| ||||||
6 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
7 | 94-1000, eff. 7-3-06.)
| ||||||
8 | (10 ILCS 5/24B-15.1)
| ||||||
9 | Sec. 24B-15.1. Discovery recounts and election contests.
| ||||||
10 | Except as provided, discovery recounts and election
contests | ||||||
11 | shall be conducted as otherwise provided for in
this Code. The | ||||||
12 | automatic Precinct Tabulation
Optical Scan Technology | ||||||
13 | tabulating equipment shall be tested
prior to the discovery | ||||||
14 | recount or election contest as provided in
Section 24B-9, and | ||||||
15 | then the official ballots shall be recounted
on the automatic | ||||||
16 | tabulating equipment. In addition, (a) the
ballots shall be | ||||||
17 | checked for the presence or absence of judges'
initials and | ||||||
18 | other distinguishing marks, and (b) the ballots
marked | ||||||
19 | "Rejected", "Defective", "Objected To", "Early Ballot", and | ||||||
20 | " Vote by Mail Absentee
Ballot" shall be examined to determine | ||||||
21 | the propriety of the
labels, and (c) the "Duplicate Vote by | ||||||
22 | Mail Absentee Ballots", "Duplicate
Overvoted Ballots", | ||||||
23 | "Duplicate Early Ballot", and "Duplicate Damaged Ballots" | ||||||
24 | shall be
compared with their respective originals to determine | ||||||
25 | the
correctness of the duplicates.
|
| |||||||
| |||||||
1 | Any person who has filed a petition for discovery recount
| ||||||
2 | may request that a redundant count be conducted in those
| ||||||
3 | precincts in which the discovery recount is being conducted. | ||||||
4 | The
additional costs of a redundant count shall be borne by the
| ||||||
5 | requesting party.
| ||||||
6 | The log of the computer operator and all materials retained
| ||||||
7 | by the election authority in relation to vote tabulation and
| ||||||
8 | canvass shall be made available for any discovery recount or
| ||||||
9 | election contest.
| ||||||
10 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
11 | (10 ILCS 5/24C-1)
| ||||||
12 | Sec. 24C-1. Purpose. The purpose of this Article is to
| ||||||
13 | authorize the use of Direct Recording Electronic Voting Systems
| ||||||
14 | approved by the State Board of Elections. In a Direct Recording
| ||||||
15 | Electronic Voting System, voters cast votes by means of a | ||||||
16 | ballot
display provided with mechanical or electro-optical | ||||||
17 | devices that
can be activated by the voters to mark their | ||||||
18 | choices for the
candidates of their preference and for or | ||||||
19 | against public
questions. Such voting devices shall be capable | ||||||
20 | of
instantaneously recording such votes, storing such votes,
| ||||||
21 | producing a permanent paper record and tabulating such votes at
| ||||||
22 | the precinct or at one or more counting stations. This Article
| ||||||
23 | authorizes the use of Direct Recording Electronic Voting | ||||||
24 | Systems
for in-precinct counting applications and for early | ||||||
25 | in-person absentee
voting in the office of the election |
| |||||||
| |||||||
1 | authority and in the
offices of local officials authorized by | ||||||
2 | the election authority
to conduct such early absentee voting. | ||||||
3 | All other early absentee ballots
must be counted at the office | ||||||
4 | of the election authority.
| ||||||
5 | (Source: P.A. 93-574, eff. 8-21-03.)
| ||||||
6 | (10 ILCS 5/24C-6)
| ||||||
7 | Sec. 24C-6. Ballot Information; Arrangement; Direct
| ||||||
8 | Recording Electronic Voting System; Vote by Mail Absentee | ||||||
9 | Ballots; Spoiled
Ballots. The ballot information, shall, as far | ||||||
10 | as practicable,
be in the order of arrangement provided for | ||||||
11 | paper ballots,
except that the information may be in vertical | ||||||
12 | or horizontal
rows, or on a number of separate pages or display | ||||||
13 | screens.
| ||||||
14 | Ballots for all public questions to be voted on should be
| ||||||
15 | provided in a similar manner and must be arranged on the ballot
| ||||||
16 | in the places provided for such purposes. All public questions,
| ||||||
17 | including but not limited to public questions calling for a
| ||||||
18 | constitutional convention, constitutional amendment, or | ||||||
19 | judicial
retention, shall be placed on the ballot separate and | ||||||
20 | apart from
candidates. Ballots for all public questions shall | ||||||
21 | be clearly
designated by borders or different color screens. | ||||||
22 | More than one
amendment to the constitution may be placed on | ||||||
23 | the same portion
of the ballot sheet. Constitutional convention | ||||||
24 | or
constitutional amendment propositions shall be placed on a
| ||||||
25 | separate portion of the ballot and designated by borders or
|
| |||||||
| |||||||
1 | unique color screens, unless otherwise provided by
| ||||||
2 | administrative rule of the State Board of Elections. More than
| ||||||
3 | one public question may be placed on the same portion of the
| ||||||
4 | ballot. More than one proposition for retention of judges in
| ||||||
5 | office may be placed on the same portion of the ballot.
| ||||||
6 | The party affiliation, if any, of each candidate or the
| ||||||
7 | word "independent", where applicable, shall appear near or | ||||||
8 | under
the candidate's name, and the names of candidates for the | ||||||
9 | same
office shall be listed vertically under the title of that
| ||||||
10 | office. In the case of nonpartisan elections for officers of
| ||||||
11 | political subdivisions, unless the statute or an ordinance
| ||||||
12 | adopted pursuant to Article VII of the Constitution requires
| ||||||
13 | otherwise, the listing of nonpartisan candidates shall not
| ||||||
14 | include any party or "independent" designation. If no candidate | ||||||
15 | or candidates file for an office and if no person or persons | ||||||
16 | file a declaration as a write-in candidate for that office, | ||||||
17 | then below the title of that office the election authority | ||||||
18 | shall print "No Candidate". In primary
elections, a separate | ||||||
19 | ballot shall be used for each political
party holding a | ||||||
20 | primary, with the ballot arranged to include
names of the | ||||||
21 | candidates of the party and public questions and
other | ||||||
22 | propositions to be voted upon on the day of the primary
| ||||||
23 | election.
| ||||||
24 | If the ballot includes both candidates for office and
| ||||||
25 | public questions or propositions to be voted on, the election
| ||||||
26 | official in charge of the election shall divide the ballot in
|
| |||||||
| |||||||
1 | sections for "Candidates" and "Public Questions", or separate
| ||||||
2 | ballots may be used.
| ||||||
3 | Any voter who spoils his or her ballot, makes an error, or
| ||||||
4 | has a ballot rejected by the automatic tabulating equipment
| ||||||
5 | shall be provided a means of correcting the ballot or obtaining
| ||||||
6 | a new ballot prior to casting his or her ballot.
| ||||||
7 | Any election authority using a Direct Recording Electronic
| ||||||
8 | Voting System may use voting systems approved for use under
| ||||||
9 | Articles 24A or 24B of this Code in conducting early absentee | ||||||
10 | voting
in the office of the election authority or voted by | ||||||
11 | mail.
| ||||||
12 | (Source: P.A. 95-862, eff. 8-19-08.)
| ||||||
13 | (10 ILCS 5/24C-11)
| ||||||
14 | Sec. 24C-11. Functional requirements. A Direct Recording | ||||||
15 | Electronic Voting System shall, in
addition to satisfying the | ||||||
16 | other requirements of this Article,
fulfill the following | ||||||
17 | functional requirements:
| ||||||
18 | (a) Provide a voter in a primary election with the means
of | ||||||
19 | casting a ballot containing votes for any and all candidates
of | ||||||
20 | the party or parties of his or her choice, and for any and
all | ||||||
21 | non-partisan candidates and public questions and preclude
the | ||||||
22 | voter from voting for any candidate of any other political
| ||||||
23 | party except when legally permitted. In a general election, the
| ||||||
24 | system shall provide the voter with means of selecting the
| ||||||
25 | appropriate number of candidates for any office, and of voting
|
| |||||||
| |||||||
1 | on any public question on the ballot to which he or she is
| ||||||
2 | entitled to vote.
| ||||||
3 | (b) If a voter is not entitled to vote for particular
| ||||||
4 | candidates or public questions appearing on the ballot, the
| ||||||
5 | system shall prevent the selection of the prohibited votes.
| ||||||
6 | (c) Once the proper ballot has been selected, the
system | ||||||
7 | devices shall provide a means of enabling the recording
of | ||||||
8 | votes and the casting of said ballot.
| ||||||
9 | (d) System voting devices shall provide voting choices
that | ||||||
10 | are clear to the voter and labels indicating the names of
every | ||||||
11 | candidate and the text of every public question on the
voter's | ||||||
12 | ballot. Each label shall identify the selection button
or | ||||||
13 | switch, or the active area of the ballot associated with it.
| ||||||
14 | The system shall be able to incorporate minimal, easy-to-follow
| ||||||
15 | on-screen instruction for the voter on how to cast a ballot.
| ||||||
16 | (e) Voting devices shall (i) enable the voter to vote for
| ||||||
17 | any and all candidates and public questions appearing on the
| ||||||
18 | ballot for which the voter is lawfully entitled to vote, in any
| ||||||
19 | legal number and combination; (ii) detect and reject all votes
| ||||||
20 | for an office or upon a public question when the voter has cast
| ||||||
21 | more votes for the office or upon the public question than the
| ||||||
22 | voter is entitled to cast; (iii) notify the voter if the | ||||||
23 | voter's
choices as recorded on the ballot for an office or | ||||||
24 | public
question are fewer than or exceed the number that the | ||||||
25 | voter is
entitled to vote for on that office or public question | ||||||
26 | and the
effect of casting more or fewer votes than legally |
| |||||||
| |||||||
1 | permitted; (iv) notify
the voter if the voter has failed to | ||||||
2 | completely cast a vote for
an office or public question | ||||||
3 | appearing on the ballot; and (v)
permit the voter, in a private | ||||||
4 | and independent manner, to verify
the votes selected by the | ||||||
5 | voter, to change the ballot or to
correct any error on the | ||||||
6 | ballot before the ballot is completely cast and
counted. A | ||||||
7 | means shall be provided to indicate each selection
after it has | ||||||
8 | been made or canceled.
| ||||||
9 | (f) System voting devices shall provide a means for the
| ||||||
10 | voter to signify that the selection of candidates and public
| ||||||
11 | questions has been completed. Upon activation, the system shall
| ||||||
12 | record an image of the completed ballot, increment the proper
| ||||||
13 | ballot position registers, and shall signify to the voter that
| ||||||
14 | the ballot has been cast. The system shall then prevent any
| ||||||
15 | further attempt to vote until it has been reset or re-enabled | ||||||
16 | by
a judge of election.
| ||||||
17 | (g) Each system voting device shall be equipped with a
| ||||||
18 | public counter that can be set to zero prior to the opening of
| ||||||
19 | the polling place, and that records the number of ballots cast
| ||||||
20 | at a particular election. The counter shall be incremented only
| ||||||
21 | by the casting of a ballot. The counter shall be designed to
| ||||||
22 | prevent disabling or resetting by other than authorized persons
| ||||||
23 | after the polls close. The counter shall be visible to all
| ||||||
24 | judges of election so long as the device is installed at the
| ||||||
25 | polling place.
| ||||||
26 | (h) Each system voting device shall be equipped with a
|
| |||||||
| |||||||
1 | protective counter that records all of the testing and election
| ||||||
2 | ballots cast since the unit was built. This counter shall be
| ||||||
3 | designed so that its reading cannot be changed by any cause
| ||||||
4 | other than the casting of a ballot. The protective counter
| ||||||
5 | shall be incapable of ever being reset and it shall be visible
| ||||||
6 | at all times when the device is configured for testing,
| ||||||
7 | maintenance, or election use.
| ||||||
8 | (i) All system devices shall provide a means of preventing
| ||||||
9 | further voting once the polling place has closed and after all
| ||||||
10 | eligible voters have voted. Such means of control shall
| ||||||
11 | incorporate a visible indication of system status. Each device
| ||||||
12 | shall prevent any unauthorized use, prevent tampering with
| ||||||
13 | ballot labels and preclude its re-opening once the poll closing
| ||||||
14 | has been completed for that election.
| ||||||
15 | (j) The system shall produce a printed summary report of
| ||||||
16 | the votes cast upon each voting device. Until the proper
| ||||||
17 | sequence of events associated with closing the polling place | ||||||
18 | has
been completed, the system shall not allow the printing of | ||||||
19 | a
report or the extraction of data. The printed report shall | ||||||
20 | also
contain all system audit information to be required by the
| ||||||
21 | election authority. Data shall not be altered or otherwise
| ||||||
22 | destroyed by report generation and the system shall ensure the
| ||||||
23 | integrity and security of data for a period of at least 6 | ||||||
24 | months
after the polls close.
| ||||||
25 | (k) If more than one voting device is used in a polling
| ||||||
26 | place, the system shall provide a means to manually or
|
| |||||||
| |||||||
1 | electronically consolidate the data from all such units into a
| ||||||
2 | single report even if different voting systems are used to
| ||||||
3 | record early absentee ballots. The system shall also be capable | ||||||
4 | of
merging the vote tabulation results produced by other vote
| ||||||
5 | tabulation systems, if necessary.
| ||||||
6 | (l) System functions shall be implemented such that
| ||||||
7 | unauthorized access to them is prevented and the execution of
| ||||||
8 | authorized functions in an improper sequence is precluded.
| ||||||
9 | System functions shall be executable only in the intended | ||||||
10 | manner
and order, and only under the intended conditions. If | ||||||
11 | the
preconditions to a system function have not been met, the
| ||||||
12 | function shall be precluded from executing by the system's
| ||||||
13 | control logic.
| ||||||
14 | (m) All system voting devices shall incorporate at least 3
| ||||||
15 | memories in the machine itself and in its programmable memory
| ||||||
16 | devices.
| ||||||
17 | (n) The system shall include capabilities of recording and
| ||||||
18 | reporting the date and time of normal and abnormal events and | ||||||
19 | of
maintaining a permanent record of audit information that | ||||||
20 | cannot
be turned off. Provisions shall be made to detect and | ||||||
21 | record
significant events (e.g., casting a ballot, error | ||||||
22 | conditions
that cannot be disposed of by the system itself, | ||||||
23 | time-dependent
or programmed events that occur without the | ||||||
24 | intervention of the
voter or a judge of election).
| ||||||
25 | (o) The system and each system voting device must be
| ||||||
26 | capable of creating, printing and maintaining a permanent paper
|
| |||||||
| |||||||
1 | record and an electronic image of each ballot that is cast such
| ||||||
2 | that records of individual ballots are maintained by a | ||||||
3 | subsystem
independent and distinct from the main vote | ||||||
4 | detection,
interpretation, processing and reporting path. The | ||||||
5 | electronic
images of each ballot must protect the integrity of | ||||||
6 | the data and
the anonymity of each voter, for example, by means | ||||||
7 | of storage
location scrambling. The ballot image records may be | ||||||
8 | either
machine-readable or manually transcribed, or both, at | ||||||
9 | the
discretion of the election authority.
| ||||||
10 | (p) The system shall include built-in test, measurement
and | ||||||
11 | diagnostic software and hardware for detecting and reporting
| ||||||
12 | the system's status and degree of operability.
| ||||||
13 | (q) The system shall contain provisions for maintaining
the | ||||||
14 | integrity of memory voting and audit data during an election
| ||||||
15 | and for a period of at least 6 months thereafter and shall
| ||||||
16 | provide the means for creating an audit trail.
| ||||||
17 | (r) The system shall be fully accessible so as to permit | ||||||
18 | blind or
visually impaired voters as well as physically | ||||||
19 | disabled voters
to exercise their right to vote in private and | ||||||
20 | without
assistance.
| ||||||
21 | (s) The system shall provide alternative language
| ||||||
22 | accessibility if required pursuant to Section 203 of the Voting
| ||||||
23 | Rights Act of 1965.
| ||||||
24 | (t) Each voting device shall enable a voter to vote for a
| ||||||
25 | person whose name does not appear on the ballot.
| ||||||
26 | (u) The system shall record and count accurately each vote
|
| |||||||
| |||||||
1 | properly cast for or against any candidate and for or against
| ||||||
2 | any public question, including the names of all candidates | ||||||
3 | whose
names are written in by the voters.
| ||||||
4 | (v) The system shall allow for accepting provisional
| ||||||
5 | ballots and for separating such provisional ballots from
| ||||||
6 | precinct totals until authorized by the election authority.
| ||||||
7 | (w) The system shall provide an effective audit trail as
| ||||||
8 | defined in Section 24C-2 in this Code.
| ||||||
9 | (x) The system shall be suitably designed for the purpose
| ||||||
10 | used, be durably constructed, and be designed for safety,
| ||||||
11 | accuracy and efficiency.
| ||||||
12 | (y) The system shall comply with all provisions of
federal, | ||||||
13 | State and local election laws and regulations and any
future | ||||||
14 | modifications to those laws and regulations.
| ||||||
15 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
16 | (10 ILCS 5/24C-13)
| ||||||
17 | Sec. 24C-13. Vote by Mail Absentee ballots; Early voting | ||||||
18 | ballots; Proceedings at Location for
Central Counting; | ||||||
19 | Employees; Approval of List.
| ||||||
20 | (a) All jurisdictions using Direct Recording Electronic
| ||||||
21 | Voting Systems shall use paper ballots or paper ballot sheets
| ||||||
22 | approved for use under Articles 16, 24A or 24B of this Code | ||||||
23 | when
conducting vote by mail absentee voting except that Direct | ||||||
24 | Recording
Electronic Voting Systems may be used for in-person | ||||||
25 | absentee
voting conducted pursuant to Section 19-2.1 of this |
| |||||||
| |||||||
1 | Code . All vote by mail
absentee ballots shall be counted at the | ||||||
2 | central ballot counting location of the election
authority. The | ||||||
3 | provisions of Section 24A-9, 24B-9 and 24C-9 of
this Code shall | ||||||
4 | apply to the testing and notice requirements for
central count | ||||||
5 | tabulation equipment, including comparing the
signature on the | ||||||
6 | ballot envelope with the signature of the voter
on the | ||||||
7 | permanent voter registration record card taken from the
master | ||||||
8 | file. Vote results shall be recorded by precinct and shall
be | ||||||
9 | added to the vote results for the precinct in which the vote by | ||||||
10 | mail
absent voter was eligible to vote prior to completion of | ||||||
11 | the
official canvass.
| ||||||
12 | (b) All proceedings at the location for central counting
| ||||||
13 | shall be under the direction of the county clerk or board of
| ||||||
14 | election commissioners. Except for any specially trained
| ||||||
15 | technicians required for the operation of the Direct Recording
| ||||||
16 | Electronic Voting System, the employees at the counting station
| ||||||
17 | shall be equally divided between members of the 2 leading
| ||||||
18 | political parties and all duties performed by the employees
| ||||||
19 | shall be by teams consisting of an equal number of members of
| ||||||
20 | each political party. Thirty days before an election the county
| ||||||
21 | clerk or board of election commissioners shall submit to the
| ||||||
22 | chairman of each political party, for his or her approval or
| ||||||
23 | disapproval, a list of persons of his or her party proposed to
| ||||||
24 | be employed. If a chairman fails to notify the election
| ||||||
25 | authority of his or her disapproval of any proposed employee
| ||||||
26 | within a period of 10 days thereafter the list shall be deemed
|
| |||||||
| |||||||
1 | approved.
| ||||||
2 | (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | ||||||
3 | 94-1000, eff. 7-3-06.)
| ||||||
4 | (10 ILCS 5/24C-15)
| ||||||
5 | Sec. 24C-15. Official Return of Precinct; Check of Totals;
| ||||||
6 | Audit. The precinct return printed by the Direct Recording
| ||||||
7 | Electronic Voting System tabulating equipment shall include | ||||||
8 | the
number of ballots cast and votes cast for each candidate | ||||||
9 | and
public question and shall constitute the official return of | ||||||
10 | each
precinct. In addition to the precinct return, the election
| ||||||
11 | authority shall provide the number of applications for ballots
| ||||||
12 | in each precinct, the total number of ballots and vote by mail | ||||||
13 | absentee
ballots counted in each precinct for each political | ||||||
14 | subdivision
and district and the number of registered voters in | ||||||
15 | each
precinct. However, the election authority shall check the
| ||||||
16 | totals shown by the precinct return and, if there is an obvious
| ||||||
17 | discrepancy regarding the total number of votes cast in any
| ||||||
18 | precinct, shall have the ballots for that precinct audited to
| ||||||
19 | correct the return. The procedures for this audit shall apply
| ||||||
20 | prior to and after the proclamation is completed; however, | ||||||
21 | after
the proclamation of results, the election authority must | ||||||
22 | obtain
a court order to unseal voted ballots or voting devices | ||||||
23 | except
for election contests and discovery recounts. The | ||||||
24 | certificate
of results, which has been prepared and signed by | ||||||
25 | the judges of
election after the ballots have been
tabulated, |
| |||||||
| |||||||
1 | shall be the document used for the canvass of votes
for such | ||||||
2 | precinct. Whenever a discrepancy exists during the
canvass of | ||||||
3 | votes between the unofficial results and the
certificate of | ||||||
4 | results, or whenever a discrepancy exists during
the canvass of | ||||||
5 | votes between the certificate of results and the
set of totals | ||||||
6 | reflected on the certificate of results, the
ballots for that | ||||||
7 | precinct shall be audited to correct the
return.
| ||||||
8 | Prior to the proclamation, the election authority shall
| ||||||
9 | test the voting devices and equipment in 5% of the precincts
| ||||||
10 | within the election jurisdiction, as well as 5% of the voting | ||||||
11 | devices used in early voting. The precincts and the voting | ||||||
12 | devices to be tested
shall be selected after election day on a | ||||||
13 | random basis by the
State Board of Elections, so that every | ||||||
14 | precinct and every device used in early voting in the election
| ||||||
15 | jurisdiction has an equal mathematical chance of being | ||||||
16 | selected.
The State Board of Elections shall design a standard | ||||||
17 | and
scientific random method of selecting the precincts and | ||||||
18 | voting devices that are to
be tested. The State central | ||||||
19 | committee
chairman of each established political party shall be | ||||||
20 | given prior written notice of the time
and place of the random | ||||||
21 | selection procedure and may be
represented at the procedure.
| ||||||
22 | The test shall be conducted by counting the votes marked on
| ||||||
23 | the permanent paper record of each ballot cast in the tested
| ||||||
24 | precinct printed by the voting system at the time that each
| ||||||
25 | ballot was cast and comparing the results of this count with | ||||||
26 | the
results shown by the certificate of results prepared by the
|
| |||||||
| |||||||
1 | Direct Recording Electronic Voting System in the test precinct.
| ||||||
2 | The election authority shall test count these votes either by
| ||||||
3 | hand or by using an automatic tabulating device other than a
| ||||||
4 | Direct Recording Electronic voting device that has been | ||||||
5 | approved
by the State Board of Elections for that purpose and | ||||||
6 | tested
before use to ensure accuracy. The election authority | ||||||
7 | shall
print the results of each test count. If any error is | ||||||
8 | detected,
the cause shall be determined and corrected, and an | ||||||
9 | errorless
count shall be made prior to the official canvass and
| ||||||
10 | proclamation of election results. If an errorless count cannot
| ||||||
11 | be conducted and there continues to be difference in vote
| ||||||
12 | results between the certificate of results produced by the
| ||||||
13 | Direct Recording Electronic Voting System and the count of the
| ||||||
14 | permanent paper records or if an error was detected and
| ||||||
15 | corrected, the election authority shall immediately prepare | ||||||
16 | and
forward to the appropriate canvassing board a written | ||||||
17 | report
explaining the results of the test and any errors | ||||||
18 | encountered
and the report shall be made available for public | ||||||
19 | inspection.
| ||||||
20 | The State Board of Elections, the State's Attorney and
| ||||||
21 | other appropriate law enforcement agencies, the county | ||||||
22 | chairman
of each established political party and qualified | ||||||
23 | civic
organizations shall be given prior written notice of the | ||||||
24 | time
and place of the test and may be represented at the test.
| ||||||
25 | The results of this post-election test shall be treated in
| ||||||
26 | the same manner and have the same effect as the results of the
|
| |||||||
| |||||||
1 | discovery procedures set forth in Section 22-9.1 of this Code.
| ||||||
2 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
3 | (10 ILCS 5/25-7) (from Ch. 46, par. 25-7)
| ||||||
4 | Sec. 25-7.
(a) When any vacancy shall occur in the office | ||||||
5 | of representative in congress
from this state more than 180 | ||||||
6 | days before the next general election, the
Governor shall issue | ||||||
7 | a writ of election within 5 days after the occurrence
of that | ||||||
8 | vacancy to the county clerks of the several counties in the
| ||||||
9 | district where the vacancy exists, appointing a day within 115 | ||||||
10 | days of issuance of the writ to hold
a special election to fill | ||||||
11 | such vacancy.
| ||||||
12 | (b) Notwithstanding subsection (a) of this Section or any | ||||||
13 | other law to the contrary, a special election to fill a vacancy | ||||||
14 | in the office of representative in congress occurring less than | ||||||
15 | 60 days following the 2012 general election shall be held as | ||||||
16 | provided in this subsection (b). A special primary election | ||||||
17 | shall be held on February 26, 2013, and a special election | ||||||
18 | shall be held on April 9, 2013. | ||||||
19 | Except as provided in this subsection (b), the provisions | ||||||
20 | of Article 7 of this Code are applicable to petitions for the | ||||||
21 | special primary election and special election. Petitions for | ||||||
22 | nomination in accordance with Article 7 shall be filed in the | ||||||
23 | principal office of the State Board of Elections not more than | ||||||
24 | 54 and not less than 50 days prior to the date of the special | ||||||
25 | primary election, excluding Saturday and Sunday. Petitions for |
| |||||||
| |||||||
1 | the nomination of independent candidates and candidates of new | ||||||
2 | political parties shall be filed in the principal office of the | ||||||
3 | State Board of Elections not more than 68 and not less than 64 | ||||||
4 | days prior to the date of the special election, excluding | ||||||
5 | Saturday and Sunday. | ||||||
6 | Except as provided in this subsection, the State Board of | ||||||
7 | Elections shall have authority to establish, in conjunction | ||||||
8 | with the impacted election authorities, an election calendar | ||||||
9 | for the special election and special primary. | ||||||
10 | If an election authority is unable to have a sufficient | ||||||
11 | number of ballots printed so that ballots will be available for | ||||||
12 | mailing at least 46 days prior to the special primary election | ||||||
13 | or special election to persons who have filed an application | ||||||
14 | for a ballot under the provisions of Article 20 of this Code, | ||||||
15 | the election authority shall, no later than 45 days prior to | ||||||
16 | each election, mail to each of those persons a Special Write-in | ||||||
17 | Vote by Mail Absentee Voter's Blank Ballot in accordance with | ||||||
18 | Section 16-5.01 of this Code. The election authority shall | ||||||
19 | advise those persons that the names of candidates to be | ||||||
20 | nominated or elected shall be available on the election | ||||||
21 | authority's website and shall provide a phone number the person | ||||||
22 | may call to request the names of the candidates for nomination | ||||||
23 | or election. | ||||||
24 | (Source: P.A. 97-1134, eff. 12-3-12.)
| ||||||
25 | (10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
|
| |||||||
| |||||||
1 | Sec. 28-9.
Petitions for proposed amendments to Article IV | ||||||
2 | of the
Constitution pursuant to Section 3, Article XIV of the | ||||||
3 | Constitution shall be
signed by a number of electors equal in | ||||||
4 | number to at least 8% of the total
votes cast for candidates | ||||||
5 | for Governor in the preceding gubernatorial election.
Such | ||||||
6 | petition shall have been signed by the petitioning electors not | ||||||
7 | more than
24 months preceding the general election at which the | ||||||
8 | proposed amendment is to
be submitted and shall be filed with | ||||||
9 | the Secretary of State at least 6 months
before that general | ||||||
10 | election.
| ||||||
11 | Upon receipt of a petition for a proposed Constitutional | ||||||
12 | amendment, the
Secretary of State shall, as soon as is | ||||||
13 | practicable, but no later than the
close of the next business | ||||||
14 | day, deliver such petition to the State Board of
Elections.
| ||||||
15 | Petitions for advisory questions of public policy to be | ||||||
16 | submitted to the
voters of the entire State shall be signed by | ||||||
17 | a number of voters
equal in number to 8% of the total votes | ||||||
18 | cast for candidates for Governor in
the preceding gubernatorial | ||||||
19 | election. Such petition shall have been signed by
said | ||||||
20 | petitioners not more than 24 months preceding the date of the | ||||||
21 | general
election at which the question is to be submitted and | ||||||
22 | shall be filed with the
State Board of Elections at least 6 | ||||||
23 | months before that general election.
| ||||||
24 | The proponents of the proposed statewide advisory
public | ||||||
25 | question shall file the original petition in bound election | ||||||
26 | jurisdiction
sections. Each section shall be composed of |
| |||||||
| |||||||
1 | consecutively numbered petition
sheets containing only the | ||||||
2 | signatures of registered voters of a single election
| ||||||
3 | jurisdiction and, at the top of each petition sheet, the name | ||||||
4 | of the election
jurisdiction shall be typed or printed in block | ||||||
5 | letters; provided that,
if the name of the election | ||||||
6 | jurisdiction is not so printed, the election
jurisdiction of | ||||||
7 | the circulator of that petition sheet shall be controlling
with | ||||||
8 | respect to the signatures on that sheet .
Any petition sheets | ||||||
9 | not consecutively numbered or which contain duplicate
page | ||||||
10 | numbers already used on other sheets, or are photocopies or | ||||||
11 | duplicates
of the original sheets, shall not be considered part | ||||||
12 | of the petition for
the purpose of the random sampling | ||||||
13 | verification and shall not be counted
toward the minimum number | ||||||
14 | of signatures required to qualify the proposed
statewide | ||||||
15 | advisory public question for the ballot.
| ||||||
16 | Within 7 business days following the last day for filing | ||||||
17 | the original
petition, the proponents shall also file copies of | ||||||
18 | the sectioned election
jurisdiction petition sheets with each | ||||||
19 | proper election authority
and obtain a receipt therefor.
| ||||||
20 | For purposes of this Act, the following terms shall be | ||||||
21 | defined and construed
as follows:
| ||||||
22 | 1. "Board" means the State Board of Elections.
| ||||||
23 | 2. "Election Authority" means a county clerk or city or | ||||||
24 | county board of
election commissioners.
| ||||||
25 | 3. (Blank). "Election Jurisdiction" means (a) an entire | ||||||
26 | county, in the case of
a county in which no city board of |
| |||||||
| |||||||
1 | election commissioners is located or which
is under the | ||||||
2 | jurisdiction of a county board of election commissioners; (b)
| ||||||
3 | the territorial jurisdiction of a city board of election | ||||||
4 | commissioners;
and (c) the territory in a county outside of the | ||||||
5 | jurisdiction of a city
board of election commissioners. In each | ||||||
6 | instance election jurisdiction
shall be determined according | ||||||
7 | to which election authority maintains the
permanent | ||||||
8 | registration records of qualified electors.
| ||||||
9 | 4. "Proponents" means any person, association, committee, | ||||||
10 | organization
or other group, or their designated | ||||||
11 | representatives, who advocate and cause
the circulation and | ||||||
12 | filing of petitions for a statewide advisory question
of public | ||||||
13 | policy or a proposed constitutional amendment for submission at
| ||||||
14 | a general election and who has registered with the Board as | ||||||
15 | provided in
this Act.
| ||||||
16 | 5. "Opponents" means any person, association, committee, | ||||||
17 | organization
or other group, or their designated | ||||||
18 | representatives, who oppose a statewide
advisory question of | ||||||
19 | public policy or a proposed constitutional amendment
for | ||||||
20 | submission at a general election and who have registered with | ||||||
21 | the Board
as provided in this Act.
| ||||||
22 | (Source: P.A. 97-81, eff. 7-5-11.)
| ||||||
23 | (10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
| ||||||
24 | Sec. 29-5. Voting more than once. Any person who, having | ||||||
25 | voted once, knowingly on the same election day
where the ballot |
| |||||||
| |||||||
1 | or machine lists any of the same candidates and issues
listed | ||||||
2 | on the ballot or machine previously used for voting by that | ||||||
3 | person,
(a) files an application to vote in the same or another | ||||||
4 | polling place, or
(b) accepts a ballot or enters a voting | ||||||
5 | machine (except to legally give
assistance pursuant to the | ||||||
6 | provisions of this Code), shall be guilty of a
Class 3 felony; | ||||||
7 | however, if a person has delivered a ballot or ballots to
an | ||||||
8 | election authority as a vote by mail an absentee voter and due | ||||||
9 | to a change of
circumstances is able to and does vote in the | ||||||
10 | precinct of his residence on
election day, shall not be deemed | ||||||
11 | to be in violation of this Code.
| ||||||
12 | (Source: P.A. 83-755.)
| ||||||
13 | (10 ILCS 5/29-20) (from Ch. 46, par. 29-20)
| ||||||
14 | Sec. 29-20. Vote by Mail Absentee ballots - violations. A | ||||||
15 | person is guilty
of a Class 3 felony who knowingly:
| ||||||
16 | (1) Solicits another person, knowing that the person is | ||||||
17 | not legally
qualified to vote as a vote by mail an absent | ||||||
18 | voter, to apply for an absentee ballot;
| ||||||
19 | (2) Solicits another person, knowing that the person is | ||||||
20 | not legally
qualified to vote as a vote by mail an absent | ||||||
21 | voter, to cast a ballot as a vote by mail an absent voter;
| ||||||
22 | (3) Intimidates or unduly
influences another person to | ||||||
23 | cast a vote by mail an absentee ballot in a manner | ||||||
24 | inconsistent
with the
voter's intent; or
| ||||||
25 | (4) Marks or tampers with a vote by mail an absentee |
| |||||||
| |||||||
1 | ballot of another
person or takes a vote by mail an | ||||||
2 | absentee ballot of another person in violation of
Section | ||||||
3 | 19-6 so that an opportunity for fraudulent marking or | ||||||
4 | tampering is
created.
| ||||||
5 | (Source: P.A. 89-653, eff. 8-14-96.)
| ||||||
6 | (10 ILCS 5/19-2.1 rep.)
| ||||||
7 | (10 ILCS 5/19-2.2 rep.)
| ||||||
8 | (10 ILCS 5/28-10 rep.) | ||||||
9 | Section 10. The Election Code is amended by repealing | ||||||
10 | Sections 19-2.1, 19-2.2, and 28-10.
| ||||||
11 | Section 15. The Illinois Identification Card Act is amended | ||||||
12 | by changing Section 11 as follows:
| ||||||
13 | (15 ILCS 335/11) (from Ch. 124, par. 31)
| ||||||
14 | Sec. 11. The Secretary may make a search of his records and | ||||||
15 | furnish
information as to whether a person has a current | ||||||
16 | Standard Illinois
Identification Card or an Illinois Person | ||||||
17 | with a Disability Identification Card then on
file, upon | ||||||
18 | receipt of a written application therefor accompanied with the
| ||||||
19 | prescribed fee. However, the Secretary may not disclose medical
| ||||||
20 | information concerning an individual to any person, public | ||||||
21 | agency, private
agency, corporation or governmental body | ||||||
22 | unless the individual has
submitted a written request for the | ||||||
23 | information or unless the individual
has given prior written |
| |||||||
| |||||||
1 | consent for the release of the information to a
specific person | ||||||
2 | or entity. This exception shall not apply to: (1) offices
and | ||||||
3 | employees of the Secretary who have a need to know the medical
| ||||||
4 | information in performance of their official duties, or (2) | ||||||
5 | orders of a
court of competent jurisdiction. When medical | ||||||
6 | information is disclosed by
the Secretary in accordance with | ||||||
7 | the provisions of this Section, no
liability shall rest with | ||||||
8 | the Office of the Secretary of State as the
information is | ||||||
9 | released for informational purposes only. | ||||||
10 | The Secretary may release personally identifying | ||||||
11 | information or highly restricted personal information only to: | ||||||
12 | (1) officers and employees of the Secretary who have a | ||||||
13 | need to know that information; | ||||||
14 | (2) other governmental agencies for use in their | ||||||
15 | official governmental functions; | ||||||
16 | (3) law enforcement agencies that need the information | ||||||
17 | for a criminal or civil investigation; | ||||||
18 | (3-5) the State Board of Elections for the sole purpose | ||||||
19 | of providing the signatures required by a local election | ||||||
20 | authority to register a voter through an online voter | ||||||
21 | registration system or as may be required by an agreement | ||||||
22 | the State Board of Elections has entered into with a | ||||||
23 | multi-state voter registration list maintenance system ; or | ||||||
24 | (4) any entity that the Secretary has authorized, by | ||||||
25 | rule, to receive this information. | ||||||
26 | The Secretary may not disclose an individual's social |
| |||||||
| |||||||
1 | security number or any associated information obtained from the | ||||||
2 | Social Security Administration without the written request or | ||||||
3 | consent of the individual except: (i) to officers and employees | ||||||
4 | of the Secretary who have a need to know the social security | ||||||
5 | number in the performance of their official duties; (ii) to law | ||||||
6 | enforcement officials for a lawful civil or criminal law | ||||||
7 | enforcement investigation if the head of the law enforcement | ||||||
8 | agency has made a written request to the Secretary specifying | ||||||
9 | the law enforcement investigation for which the social security | ||||||
10 | number is being sought; (iii) under a lawful court order signed | ||||||
11 | by a judge; or (iv) to the Illinois Department of Veterans' | ||||||
12 | Affairs for the purpose of confirming veteran status.
| ||||||
13 | (Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; | ||||||
14 | 98-115, eff. 7-29-13; 98-463, eff. 8-16-13.)
| ||||||
15 | Section 20. The Revised Cities and Villages Act of 1941 is | ||||||
16 | amended by changing Section 21-28 as follows:
| ||||||
17 | (65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
| ||||||
18 | Sec. 21-28. Nomination by petition. | ||||||
19 | (a) All nominations for alderman of any ward in the city | ||||||
20 | shall be by
petition. All petitions for nominations of | ||||||
21 | candidates shall be signed by
such a number of legal voters of | ||||||
22 | the ward as will aggregate not less
than 4%
of all the votes | ||||||
23 | cast for alderman in such ward at the last preceding
general | ||||||
24 | election. For the election following the redistricting of |
| |||||||
| |||||||
1 | wards , and each election thereafter until the next | ||||||
2 | redistricting of wards,
petitions for nominations of | ||||||
3 | candidates shall be signed by the number of
legal voters of the | ||||||
4 | ward as will aggregate not less than 4% of the total
number of | ||||||
5 | votes cast for mayor at the last preceding municipal election
| ||||||
6 | divided by the number of wards. | ||||||
7 | (b) All nominations for mayor, city clerk, and city | ||||||
8 | treasurer in the city shall be by petition. Each petition for | ||||||
9 | nomination of a candidate must be signed by at least 12,500 | ||||||
10 | legal voters of the city.
| ||||||
11 | (c) All such petitions, and procedure with
respect thereto,
| ||||||
12 | shall conform in other respects to the provisions of the | ||||||
13 | election and
ballot laws then in force in the city of Chicago | ||||||
14 | concerning the nomination
of independent candidates for public | ||||||
15 | office by petition. The method of
nomination herein provided is | ||||||
16 | exclusive of and replaces all other methods
heretofore provided | ||||||
17 | by law.
| ||||||
18 | (Source: P.A. 98-115, eff. 7-29-13.)".
|