HB4488 EnrolledLRB103 34630 SPS 64471 b

1    AN ACT concerning government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
ARTICLE 5.

 
5    Section 5-1. Short title. This Act may be cited as the
6Uniform Faithful Presidential Electors Act. As used in this
7Article, "this Act" refers to this Article.
 
8    Section 5-5. Definitions. As used in this Act:
9    "Cast" means accepted by the Secretary of State in
10accordance with subsection (b) of Section 5-30.
11    "Elector" means an individual selected as a presidential
12elector under Article 21 of the Election Code and this Act.
13    "President" means the President of the United States.
14    "Unaffiliated presidential candidate" means a candidate
15for President who qualifies for the general election ballot in
16this State by means other than nomination by a political
17party.
18    "Vice President" means the Vice President of the United
19States.
 
20    Section 5-10. Designation of State's electors. For each
21elector position in this State, a political party contesting

 

 

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1the position, or an unaffiliated presidential candidate, shall
2submit to the Secretary of State the names of 2 qualified
3individuals in accordance with Article 21 of the Election
4Code. One of the individuals must be designated "elector
5nominee" and the other "alternate elector nominee". Except as
6otherwise provided in Sections 5-20 through 5-35, this State's
7electors are the winning elector nominees under the laws of
8this State.
 
9    Section 5-15. Pledge. Each elector nominee and alternate
10elector nominee of a political party shall execute the
11following pledge: "If selected for the position of elector, I
12agree to serve and to mark my ballots for President and Vice
13President for the nominees for those offices of the party that
14nominated me.". Each elector nominee and alternate elector
15nominee of an unaffiliated presidential candidate shall
16execute the following pledge: "If selected for the position of
17elector as a nominee of an unaffiliated presidential
18candidate, I agree to serve and to mark my ballots for that
19candidate and for that candidate's vice-presidential running
20mate.". The executed pledges must accompany the submission of
21the corresponding names to the Secretary of State.
 
22    Section 5-20. Certification of electors. In submitting
23this State's certificate of ascertainment as required by 3
24U.S.C. 6, the Governor shall certify this State's electors and

 

 

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1state in the certificate that:
2        (1) the electors will serve as electors unless a
3    vacancy occurs in the office of elector before the end of
4    the meeting at which elector votes are cast, in which case
5    an alternate elector will fill the vacancy; and
6        (2) if an alternate elector is appointed to fill a
7    vacancy, the Governor will submit an amended certificate
8    of ascertainment stating the names on the final list of
9    this State's electors.
 
10    Section 5-25. Presiding officer; elector vacancy.
11    (a) The Secretary of State shall preside at the meeting of
12electors described in Section 5-30.
13    (b) The position of an elector not present to vote is
14vacant. The Secretary of State shall appoint an individual as
15an alternate elector to fill a vacancy as follows:
16        (1) if the alternate elector is present to vote, by
17    appointing the alternate elector for the vacant position;
18        (2) if the alternate elector for the vacant position
19    is not present to vote, by appointing an elector chosen by
20    lot from among the alternate electors present to vote who
21    were nominated by the same political party or unaffiliated
22    presidential candidate;
23        (3) if the number of alternate electors present to
24    vote is insufficient to fill any vacant position pursuant
25    to paragraphs (1) and (2), by appointing any immediately

 

 

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1    available individual who is qualified to serve as an
2    elector and chosen through nomination by and plurality
3    vote of the remaining electors, including nomination and
4    vote by a single elector if only one remains;
5        (4) if there is a tie between at least 2 nominees for
6    alternate elector in a vote conducted under paragraph (3),
7    by appointing an elector chosen by lot from among those
8    nominees; or
9        (5) if all elector positions are vacant and cannot be
10    filled pursuant to paragraphs (1) through (4), by
11    appointing a single presidential elector, with remaining
12    vacant positions to be filled under paragraph (3) and, if
13    necessary, paragraph (4).
14    (c) To qualify as an alternate elector under subsection
15(b) of this Section, an individual who has not executed the
16pledge required under Section 5-15 shall execute the following
17pledge: "I agree to serve and to mark my ballots for President
18and Vice President consistent with the pledge of the
19individual to whose elector position I have succeeded.".
 
20    Section 5-30. Elector voting.
21    (a) At the time designated for elector voting and after
22all vacant positions have been filled under Section 5-25, the
23Secretary of State shall provide each elector with a
24presidential and a vice-presidential ballot. The elector shall
25mark the elector's presidential and vice-presidential ballots

 

 

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1with the elector's votes for the offices of President and Vice
2President, respectively, along with the elector's signature
3and the elector's legibly printed name.
4    (b) Except as otherwise provided by law of this State
5other than this Act, each elector shall present both completed
6ballots to the Secretary of State, who shall examine the
7ballots and accept as cast all ballots of electors whose votes
8are consistent with their pledges executed under Section 5-15
9or subsection (c) of Section 5-25. Except as otherwise
10provided by law of this State other than this Act, the
11Secretary of State may not accept and may not count either an
12elector's presidential or vice-presidential ballot if the
13elector has not marked both ballots or has marked a ballot in
14violation of the elector's pledge.
15    (c) An elector who refuses to present a ballot, presents
16an unmarked ballot, or presents a ballot marked in violation
17of the elector's pledge executed under Section 5-15 or
18subsection (c) of Section 5-25 vacates the office of elector,
19creating a vacant position to be filled under Section 5-25.
20    (d) The Secretary of State shall distribute ballots to and
21collect ballots from an alternate elector and repeat the
22process under this Section of examining ballots, declaring and
23filling vacant positions as required, and recording
24appropriately completed ballots from the alternate electors,
25until all of this State's electoral votes have been cast and
26recorded.
 

 

 

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1    Section 5-35. Elector replacement; associated
2certificates.
3    (a) After the vote of this State's electors is completed,
4if the final list of electors differs from any list that the
5Governor previously included on a certificate of ascertainment
6prepared and transmitted under 3 U.S.C. 6, the Secretary of
7State immediately shall prepare an amended certificate of
8ascertainment and transmit it to the Governor for the
9Governor's signature.
10    (b) The Governor immediately shall deliver the signed
11amended certificate of ascertainment to the Secretary of State
12and a signed duplicate original of the amended certificate of
13ascertainment to all individuals entitled to receive this
14State's certificate of ascertainment, indicating that the
15amended certificate of ascertainment is to be substituted for
16the certificate of ascertainment previously submitted.
17    (c) The Secretary of State shall prepare a certificate of
18vote. The electors on the final list shall sign the
19certificate of vote. The Secretary of State shall process and
20transmit the signed certificate of vote with the amended
21certificate of ascertainment under 3 U.S.C. Sections 9, 10,
22and 11.
 
23    Section 5-40. Uniformity of application and construction.
24In applying and construing this uniform Act, consideration

 

 

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1must be given to the need to promote uniformity of the law with
2respect to its subject matter among states that enact it.
 
3    Section 5-90. The Election Code is amended by changing
4Sections 21-1, 21-2, 21-3, and 21-4 as follows:
 
5    (10 ILCS 5/21-1)  (from Ch. 46, par. 21-1)
6    Sec. 21-1. Choosing and election of electors of President
7and Vice-President of the United States shall be in the
8following manner:
9    (a) In each year in which a President and Vice-President
10of the United States are chosen, each political party or group
11in this State shall choose by its State Convention or State
12central committee electors and alternate electors of President
13and Vice-President of the United States and such State
14Convention or State central committee of such party or group
15shall also choose electors at large and alternate electors at
16large, if any are to be appointed for this State and such State
17Convention or State central committee of such party or group
18shall by its chair and secretary certify the total list of such
19electors and alternate electors together with electors at
20large and alternate electors at large so chosen to the State
21Board of Elections.
22    The filing of such certificate with the Board, of such
23choosing of electors and alternate electors shall be deemed
24and taken to be the choosing and selection of the electors and

 

 

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1alternate electors of this State, if such party or group is
2successful at the polls as herein provided in choosing their
3candidates for President and Vice-President of the United
4States.
5    (b) The names of the candidates of the several political
6parties or groups for electors and alternate electors of
7President and Vice-President shall not be printed on the
8official ballot to be voted in the election to be held on the
9day in this Act above named. In lieu of the names of the
10candidates for such electors and alternate electors of
11President and Vice-President, immediately under the
12appellation of party name of a party or group in the column of
13its candidates on the official ballot, to be voted at said
14election first above named in subsection (1) of Section 2A-1.2
15and Section 2A-2, there shall be printed within a bracket the
16name of the candidate for President and the name of the
17candidate for Vice-President of such party or group with a
18square to the left of such bracket. Each voter in this State
19from the several lists or sets of electors and alternate
20electors so chosen and selected by the said respective
21political parties or groups, may choose and elect one of such
22lists or sets of electors and alternate electors by placing a
23cross in the square to the left of the bracket aforesaid of one
24of such parties or groups. Placing a cross within the square
25before the bracket enclosing the names of President and
26Vice-President shall not be deemed and taken as a direct vote

 

 

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1for such candidates for President and Vice-President, or
2either of them, but shall only be deemed and taken to be a vote
3for the entire list or set of electors and alternate electors
4chosen by that political party or group so certified to the
5State Board of Elections as herein provided. Voting by means
6of placing a cross in the appropriate place preceding the
7appellation or title of the particular political party or
8group, shall not be deemed or taken as a direct vote for the
9candidates for President and Vice-President, or either of
10them, but instead to the Presidential vote, as a vote for the
11entire list or set of electors and alternate electors chosen
12by that political party or group so certified to the State
13Board of Elections as herein provided.
14    (c) Such certification by the respective political parties
15or groups in this State of electors and alternate electors of
16President and Vice-President shall be made to the State Board
17of Elections within 2 days after such State convention or
18meeting of the State central committee in which the electors
19and alternate electors were chosen.
20    (d) Should more than one certificate of choice and
21selection of electors and alternate electors of the same
22political party or group be filed by contesting conventions or
23contesting groups, it shall be the duty of the State Board of
24Elections within 10 days after the adjournment of the last of
25such conventions to meet and determine which set of nominees
26for electors and alternate electors of such party or group was

 

 

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1chosen and selected by the authorized convention of such party
2or group. The Board, after notice to the chair and secretaries
3or managers of the conventions or groups and after a hearing
4shall determine which set of electors and alternate electors
5was so chosen by the authorized convention and shall so
6announce and publish the fact, and such decision shall be
7final and the set of electors and alternate electors so
8determined upon by the electoral board to be so chosen shall be
9the list or set of electors and alternate electors to be deemed
10elected if that party shall be successful at the polls, as
11herein provided.
12    (e) Should a vacancy occur in the choice of an elector in a
13congressional district, such vacancy may be filled by the
14executive committee of the party or group for such
15congressional district, to be certified by such committee to
16the State Board of Elections. Should a vacancy occur in the
17office of elector at large, such vacancy shall be filled in
18accordance with Section 25 of the Uniform Faithful
19Presidential Electors Act. by the State committee of such
20political party or group, and certified by it to the State
21Board of Elections.
22(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)
 
23    (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)
24    Sec. 21-2. The county clerks of the several counties
25shall, within 21 days next after holding the election named in

 

 

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1subsection (1) of Section 2A-1.2 and Section 2A-2, make 2
2copies of the abstract of the votes cast for electors and
3alternate electors by each political party or group, as
4indicated by the voter, as aforesaid, by a cross in the square
5to the left of the bracket aforesaid, or as indicated by a
6cross in the appropriate place preceding the appellation or
7title of the particular political party or group, and transmit
8by mail one of the copies to the office of the State Board of
9Elections and retain the other in his office, to be sent for by
10the electoral board in case the other should be mislaid.
11Within 31 days after the holding of such election, and sooner
12if all the returns are received by the State Board of
13Elections, the State Board of Elections shall proceed to open
14and canvass said election returns and to declare which set of
15candidates for President and Vice-President received, as
16aforesaid, the highest number of votes cast at such election
17as aforesaid; and the electors and alternate electors of that
18party whose candidates for President and Vice-President
19received the highest number of votes so cast shall be taken and
20deemed to be elected as electors and alternate electors of
21President and Vice-President, but should 2 or more sets of
22candidates for President and Vice-President be returned with
23an equal and the highest vote, the State Board of Elections
24shall cause a notice of the same to be published, which notice
25shall name some day and place, not less than 5 days from the
26time of such publication of such notice, upon which the State

 

 

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1Board of Elections will decide by lot which of the sets of
2candidates for President and Vice-President so equal and
3highest shall be declared to be highest. And upon the day and
4at the place so appointed in the notice, the board shall so
5decide by lot and declare which is deemed highest of the sets
6of candidates for President and Vice-President so equal and
7highest, thereby determining only that the electors and
8alternate electors chosen as aforesaid by such candidates'
9party or group are thereby elected by general ticket to be such
10electors and alternate electors.
11(Source: P.A. 100-863, eff. 8-14-18.)
 
12    (10 ILCS 5/21-3)  (from Ch. 46, par. 21-3)
13    Sec. 21-3. Within five days after the votes shall have
14been canvassed and the results declared or the result declared
15by lot as provided for in Section 21-2 above, the Governor
16shall cause the result of said election to be published, and
17shall proclaim the persons electors and alternate electors of
18President and Vice-President so chosen composing the list so
19elected, by transmitting by mail to the several persons so
20chosen and composing the list or set elected, electors of
21President and Vice-President certificates in triplicate, under
22the Seal of State of their appointment, and shall also
23transmit under the Seal of State to the Secretary of State of
24the United States the certificate of the election of said
25electors and alternate electors as required by the laws of

 

 

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1Congress.
2(Source: Laws 1943, vol. 2, p. 1.)
 
3    (10 ILCS 5/21-4)  (from Ch. 46, par. 21-4)
4    Sec. 21-4. Presidential electors; meeting; allowance. The
5electors and alternate electors, elected under this Article,
6shall meet at the office of the Secretary of State in a room to
7be designated by the Secretary in the Capitol at Springfield
8in this State, at the time appointed by the laws of the United
9States at the hour of ten o'clock in the forenoon of that day,
10and give their votes for President and for Vice-President of
11the United States, in the manner provided by the Uniform
12Faithful Presidential Electors Act in this Article, and
13perform such duties as are or may be required by law. Each
14elector and alternate elector shall receive an allowance for
15food and lodging equal to the amount per day permitted to be
16deducted for such expenses under the Internal Revenue Code,
17plus a mileage allowance at the rate in effect under
18regulations promulgated pursuant to 5 U.S.C. 5707(b)(2) for
19the number of highway miles necessarily and conveniently
20traveled, for going to the seat of government to give his or
21her vote and returning to his or her residence and otherwise
22performing the official duties of an elector and alternate
23elector, to be paid on the warrant of the State Comptroller,
24out of any money in the treasury not otherwise appropriated,
25and any person appointed by the electors assembled to fill a

 

 

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1vacancy shall also receive the allowances provided for
2electors appointed. However, an elector who refuses to present
3a ballot, presents an unmarked ballot, or presents a ballot
4marked in violation of the elector's pledge in the Uniform
5Faithful Presidential Electors Act may not receive an
6allowance for food and lodging.
7(Source: P.A. 92-359, eff. 1-1-02.)
 
8    (10 ILCS 5/21-5 rep.)
9    Section 5-95. The Election Code is amended by repealing
10Section 21-5.
 
11
ARTICLE 10.

 
12    Section 10-5. The Election Code is amended by changing
13Sections 1-4, 1A-25, 1A-45, 2A-9, 7-5, 7-12, 8-9, 9-8.5, 9-11,
149-23.5, 9-35, 9-50, 10-6, 10-6.1, 10-10.1, 13-6.1, 14-5.1,
1519-12.2, 19A-21, 25-3, 28-8, 29B-10, 29B-15, and 29B-20 as
16follows:
 
17    (10 ILCS 5/1-4)  (from Ch. 46, par. 1-4)
18    Sec. 1-4. (a) In any case in which this Act prescribes a
19period of time within which petitions for nomination must be
20filed, the office in which petitions must be filed shall
21remain open for the receipt of such petitions until 5:00 P.M.
22on the last day of the filing period.

 

 

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1    (b) (Blank). For the 2013 consolidated election period, an
2election authority or local election official shall accept
3until 104 days before the election at which candidates are to
4be on the ballot any petitions for nomination or certificate
5of nomination required by this Code to be filed no earlier than
6113 and no later than 106 days before the consolidated
7election. Notwithstanding any other provision of this Code,
8for purposes of this subsection (b) only, signatures and
9circulator statements on petitions for nomination filed with
10an election authority or local election official on the final
11day for filing petitions for nomination shall not be deemed
12invalid for the sole reason that the petitions were circulated
13between 90 and 92 days before the last day for filing
14petitions.
15(Source: P.A. 97-1134, eff. 12-3-12.)
 
16    (10 ILCS 5/1A-25)
17    Sec. 1A-25. Centralized statewide voter registration list.
18    (a) The centralized statewide voter registration list
19required by Title III, Subtitle A, Section 303 of the Help
20America Vote Act of 2002 shall be created and maintained by the
21State Board of Elections as provided in this Section.
22        (1) The centralized statewide voter registration list
23    shall be compiled from the voter registration data bases
24    of each election authority in this State.
25        (2) With the exception of voter registration forms

 

 

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1    submitted electronically through an online voter
2    registration system, all new voter registration forms and
3    applications to register to vote, including those reviewed
4    by the Secretary of State at a driver services facility,
5    shall be transmitted only to the appropriate election
6    authority as required by Articles 4, 5, and 6 of this Code
7    and not to the State Board of Elections. All voter
8    registration forms submitted electronically to the State
9    Board of Elections through an online voter registration
10    system shall be transmitted to the appropriate election
11    authority as required by Section 1A-16.5. The election
12    authority shall process and verify each voter registration
13    form and electronically enter verified registrations on an
14    expedited basis onto the statewide voter registration
15    list. All original registration cards shall remain
16    permanently in the office of the election authority as
17    required by this Code.
18        (3) The centralized statewide voter registration list
19    shall:
20            (i) Be designed to allow election authorities to
21        utilize the registration data on the statewide voter
22        registration list pertinent to voters registered in
23        their election jurisdiction on locally maintained
24        software programs that are unique to each
25        jurisdiction.
26            (ii) Allow each election authority to perform

 

 

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1        essential election management functions, including but
2        not limited to production of voter lists, processing
3        of vote by mail voters, production of individual,
4        pre-printed applications to vote, administration of
5        election judges, and polling place administration, but
6        shall not prevent any election authority from using
7        information from that election authority's own
8        systems.
9        (4) The registration information maintained by each
10    election authority shall be synchronized with that
11    authority's information on the statewide list at least
12    once every 24 hours.
13        (5) The vote by mail, early vote, and rejected ballot
14    information maintained by each election authority shall be
15    synchronized with the election authority's information on
16    the statewide list at least once every 24 hours. The State
17    Board of Elections shall maintain the information required
18    by this paragraph in an electronic format on its website,
19    arranged by county and accessible to State and local
20    political committees.
21            (i) Within one day after receipt of a vote by mail
22        voter's ballot, the election authority shall transmit
23        by electronic means the voter's name, street address,
24        email address and precinct, ward, township, and
25        district numbers, as the case may be, to the State
26        Board of Elections.

 

 

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1            (ii) Within one day after receipt of an early
2        voter's ballot, the election authority shall transmit
3        by electronic means the voter's name, street address,
4        email address and precinct, ward, township, and
5        district numbers, as the case may be, to the State
6        Board of Elections.
7            (iii) If a vote by mail ballot is rejected for any
8        reason, within one day after the rejection the
9        election authority shall transmit by electronic means
10        the voter's name, street address, email address and
11        precinct, ward, township, and district numbers, as the
12        case may be, to the State Board of Elections. If a
13        rejected vote by mail ballot is determined to be
14        valid, the election authority shall, within one day
15        after the determination, remove the name of the voter
16        from the list transmitted to the State Board of
17        Election.
18        (6) Beginning no later than January 1, 2024, the
19    statewide voter registration list shall be updated on a
20    monthly basis by no sooner than the first of every month;
21    however, the information required in paragraph (5) shall
22    be updated at least every 24 hours and made available upon
23    request to permitted entities as described in this
24    Section.
25    (b) To protect the privacy and confidentiality of voter
26registration information, the disclosure of any portion of the

 

 

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1centralized statewide voter registration list to any person or
2entity other than to a State or local political committee and
3other than to a governmental entity for a governmental purpose
4is specifically prohibited except as follows: (1) subject to
5security measures adopted by the State Board of Elections
6which, at a minimum, shall include the keeping of a catalog or
7database, available for public view, including the name,
8address, and telephone number of the person viewing the list
9as well as the time of that viewing, any person may view the
10list on a computer screen at the Springfield office of the
11State Board of Elections, during normal business hours other
12than during the 27 days before an election, but the person
13viewing the list under this exception may not print,
14duplicate, transmit, or alter the list; or (2) as may be
15required by an agreement the State Board of Elections has
16entered into with a multi-state voter registration list
17maintenance system.
18    (c) Except during the 27 days immediately preceding any
19election, the State Board of Elections shall make available to
20the public the statewide voter registration list, allowing for
21redaction of telephone numbers, social security numbers,
22street numbers of home addresses, birth dates, identifiable
23portions of email addresses, and other highly sensitive
24personal information. Information released under this
25subsection shall be used only for the purposes defined within
26the federal National Voter Registration Act, 52 U.S.C.

 

 

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120507(i), ensuring the accuracy and currency of official lists
2of eligible voters. The State Board of Elections may charge a
3reasonable fee under this subsection, consisting of the cost
4of duplication plus a 15% fee for administration. No sooner
5than 14 days after a request for voter registration records is
6made under this subsection, the State Board of Elections shall
7publicly disclose the request on a publicly accessible website
8regardless of whether the request was approved or denied.
9Voter registration records or data shall not be used for any
10personal, private, or commercial purpose, including, but not
11limited to, the intimidation, threat, or deception of any
12person or the advertising, solicitation, sale, or marketing of
13products or services. The State Board of Elections shall deny
14a request made under this subsection to any person or entity
15that is the subject of a court order finding a violation of
16this subsection. Upon the entry of a court order finding that a
17person or entity has violated this subsection, the clerk of
18the circuit court shall forward a copy of the order to the
19State Board of Elections.
20(Source: P.A. 103-467, eff. 8-4-23.)
 
21    (10 ILCS 5/1A-45)
22    Sec. 1A-45. Electronic Registration Information Center.
23    (a) The State Board of Elections shall enter into an
24agreement with the Electronic Registration Information Center
25effective no later than January 1, 2016, for the purpose of

 

 

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1maintaining a statewide voter registration database. The State
2Board of Elections shall comply with the requirements of the
3Electronic Registration Information Center Membership
4Agreement. The State Board of Elections shall require a term
5in the Electronic Registration Information Center Membership
6Agreement that requires the State to share identification
7records contained in the Secretary of State's Driver Services
8Department and Vehicle Services Department, the Department of
9Human Services, the Department of Healthcare and Family
10Services, the Department on Aging, and the Department of
11Employment Security databases (excluding those fields
12unrelated to voter eligibility, such as income or health
13information).
14    (b) The Secretary of State and the State Board of
15Elections shall enter into an agreement to permit the
16Secretary of State to provide the State Board of Elections
17with any information required for compliance with the
18Electronic Registration Information Center Membership
19Agreement. The Secretary of State shall deliver this
20information as frequently as necessary for the State Board of
21Elections to comply with the Electronic Registration
22Information Center Membership Agreement.
23    (b-5) (Blank). The State Board of Elections and the
24Department of Human Services, the Department of Healthcare and
25Family Services, the Department on Aging, and the Department
26of Employment Security shall enter into an agreement to

 

 

HB4488 Enrolled- 22 -LRB103 34630 SPS 64471 b

1require each department to provide the State Board of
2Elections with any information necessary to transmit member
3data under the Electronic Registration Information Center
4Membership Agreement. The director or secretary, as
5applicable, of each agency shall deliver this information on
6an annual basis to the State Board of Elections pursuant to the
7agreement between the entities.
8    (c) Any communication required to be delivered to a
9registrant or potential registrant pursuant to the Electronic
10Registration Information Center Membership Agreement shall
11include at least the following message:
12        "Our records show people at this address may not be
13    registered to vote at this address, but you may be
14    eligible to register to vote or re-register to vote at
15    this address. If you are a U.S. Citizen, a resident of
16    Illinois, and will be 18 years old or older before the next
17    general election in November, you are qualified to vote.
18        We invite you to check your registration online at
19    (enter URL) or register to vote online at (enter URL), by
20    requesting a mail-in voter registration form by (enter
21    instructions for requesting a mail-in voter registration
22    form), or visiting the (name of election authority) office
23    at (address of election authority)."
24    The words "register to vote online at (enter URL)" shall
25be bolded and of a distinct nature from the other words in the
26message required by this subsection (c).

 

 

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1    (d) Any communication required to be delivered to a
2potential registrant that has been identified by the
3Electronic Registration Information Center as eligible to vote
4but who is not registered to vote in Illinois shall be prepared
5and disseminated at the direction of the State Board of
6Elections. All other communications with potential registrants
7or re-registrants pursuant to the Electronic Registration
8Information Center Membership Agreement shall be prepared and
9disseminated at the direction of the appropriate election
10authority.
11    (e) The Executive Director of the State Board of Elections
12or his or her designee shall serve as the Member
13Representative to the Electronic Registration Information
14Center.
15    (f) The State Board of Elections may adopt any rules
16necessary to enforce this Section or comply with the
17Electronic Registration Information Center Membership
18Agreement.
19(Source: P.A. 102-558, eff. 8-20-21.)
 
20    (10 ILCS 5/2A-9)  (from Ch. 46, par. 2A-9)
21    (Text of Section WITHOUT the changes made by P.A. 89-719,
22which has been held unconstitutional)
23    Sec. 2A-9. Supreme, Appellate and Circuit Judges.
24    (a) If one of the following events occurs 134 92 or more
25days before a general primary election at which judges are to

 

 

HB4488 Enrolled- 24 -LRB103 34630 SPS 64471 b

1be nominated, the term of an incumbent judge will expire on the
2first Monday in December of the next even-numbered year:
3        (1) the judge dies;
4        (2) the Chief Justice receives a written resignation
5    or notice of retirement, signed and submitted by the
6    judge, which specifies a date of resignation or retirement
7    on or before the first Monday in December of the next
8    even-numbered year;
9        (3) a statute mandates the judge's retirement for
10    reason of age on or before the first Monday in December of
11    the next even-numbered year;
12        (4) the judge was eligible to seek retention in the
13    next general election but failed to timely file a
14    declaration of candidacy to succeed himself or, having
15    timely filed such declaration, withdrew it;
16        (5) the judge is convicted of a felony or other
17    infamous crime;
18        (6) the judge is removed from office.
19    If one of the preceding events occurs less than 134 92 days
20before a primary election at which judges are to be nominated,
21the term of an incumbent judge will expire on the first Monday
22in December following the second general election thereafter.
23    (b) Judges of the Appellate and Circuit Courts shall be
24elected in their respective districts or circuits at the
25general election of each even-numbered year immediately
26preceding the expiration of the term of each incumbent judge,

 

 

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1not retained, and shall enter upon the duties of their offices
2on the first Monday of December after their election.
3    (c) Whenever an additional appellate or Circuit Judge is
4authorized by law, the office shall be filled in the manner
5provided for filling a vacancy in that office.
6(Source: P.A. 86-1348.)
 
7    (10 ILCS 5/7-5)  (from Ch. 46, par. 7-5)
8    Sec. 7-5. (a) Primary elections shall be held on the dates
9prescribed in Article 2A.
10    (b) Notwithstanding the provisions of any other statute,
11no primary shall be held for an established political party in
12any township, municipality, or ward thereof, where the
13nomination of such party for every office to be voted upon by
14the electors of such township, municipality, or ward thereof,
15is uncontested. Whenever a political party's nomination of
16candidates is uncontested as to one or more, but not all, of
17the offices to be voted upon by the electors of a township,
18municipality, or ward thereof, then a primary shall be held
19for that party in such township, municipality, or ward
20thereof; provided that the primary ballot shall not include
21those offices within such township, municipality, or ward
22thereof, for which the nomination is uncontested. For purposes
23of this Article, the nomination of an established political
24party of a candidate for election to an office shall be deemed
25to be uncontested where not more than the number of persons to

 

 

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1be nominated have timely filed valid nomination papers seeking
2the nomination of such party for election to such office.
3    (c) Notwithstanding the provisions of any other statute,
4no primary election shall be held for an established political
5party for any special primary election called for the purpose
6of filling a vacancy in the office of representative in the
7United States Congress where the nomination of such political
8party for said office is uncontested. For the purposes of this
9Article, the nomination of an established political party of a
10candidate for election to said office shall be deemed to be
11uncontested where not more than the number of persons to be
12nominated have timely filed valid nomination papers seeking
13the nomination of such established party for election to said
14office. This subsection (c) shall not apply if such primary
15election is conducted on a regularly scheduled election day.
16    (d) Notwithstanding the provisions in subsection (b) and
17(c) of this Section, whenever a person who has not timely filed
18valid nomination papers and who intends to become a write-in
19candidate for a political party's nomination for any office
20for which the nomination is uncontested files a written
21statement or notice of that intent with the State Board of
22Elections or the local election official where the candidate
23is seeking to appear on the ballot with whom nomination papers
24for such office are filed, a primary ballot shall be prepared
25and a primary shall be held for that office. Such statement or
26notice shall be filed on or before the date established in this

 

 

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1Article for certifying candidates for the primary ballot. Such
2statement or notice shall contain (i) the name and address of
3the person intending to become a write-in candidate, (ii) a
4statement that the person is a qualified primary elector of
5the political party from whom the nomination is sought, (iii)
6a statement that the person intends to become a write-in
7candidate for the party's nomination, and (iv) the office the
8person is seeking as a write-in candidate. An election
9authority shall have no duty to conduct a primary and prepare a
10primary ballot for any office for which the nomination is
11uncontested, unless a statement or notice meeting the
12requirements of this Section is filed in a timely manner.
13    (e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
14(Source: P.A. 86-873.)
 
15    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
16    Sec. 7-12. All petitions for nomination shall be filed by
17mail or in person as follows:
18        (1) Except as otherwise provided in this Code, where
19    the nomination is to be made for a State, congressional,
20    or judicial office, or for any office a nomination for
21    which is made for a territorial division or district which
22    comprises more than one county or is partly in one county
23    and partly in another county or counties (including the
24    Fox Metro Water Reclamation District), then, except as
25    otherwise provided in this Section, such petition for

 

 

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1    nomination shall be filed in the principal office of the
2    State Board of Elections not more than 141 and not less
3    than 134 days prior to the date of the primary, but, in the
4    case of petitions for nomination to fill a vacancy by
5    special election in the office of representative in
6    Congress from this State, such petition for nomination
7    shall be filed in the principal office of the State Board
8    of Elections not more than 85 113 days and not less than 82
9    110 days prior to the date of the primary.
10        Where a vacancy occurs in the office of Supreme,
11    Appellate or Circuit Court Judge within the 3-week period
12    preceding the 134th day before a general primary election,
13    petitions for nomination for the office in which the
14    vacancy has occurred shall be filed in the principal
15    office of the State Board of Elections not more than 120
16    nor less than 113 days prior to the date of the general
17    primary election.
18        Where the nomination is to be made for delegates or
19    alternate delegates to a national nominating convention,
20    then such petition for nomination shall be filed in the
21    principal office of the State Board of Elections not more
22    than 141 and not less than 134 days prior to the date of
23    the primary; provided, however, that if the rules or
24    policies of a national political party conflict with such
25    requirements for filing petitions for nomination for
26    delegates or alternate delegates to a national nominating

 

 

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1    convention, the chair of the State central committee of
2    such national political party shall notify the Board in
3    writing, citing by reference the rules or policies of the
4    national political party in conflict, and in such case the
5    Board shall direct such petitions to be filed in
6    accordance with the delegate selection plan adopted by the
7    state central committee of such national political party.
8        (2) Where the nomination is to be made for a county
9    office or trustee of a sanitary district then such
10    petition shall be filed in the office of the county clerk
11    not more than 141 nor less than 134 days prior to the date
12    of the primary.
13        (3) Where the nomination is to be made for a municipal
14    or township office, such petitions for nomination shall be
15    filed in the office of the local election official, not
16    more than 127 nor less than 120 days prior to the date of
17    the primary; provided, where a municipality's or
18    township's boundaries are coextensive with or are entirely
19    within the jurisdiction of a municipal board of election
20    commissioners, the petitions shall be filed in the office
21    of such board; and provided, that petitions for the office
22    of multi-township assessor shall be filed with the
23    election authority.
24        (4) The petitions of candidates for State central
25    committeeperson shall be filed in the principal office of
26    the State Board of Elections not more than 141 nor less

 

 

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1    than 134 days prior to the date of the primary.
2        (5) Petitions of candidates for precinct, township or
3    ward committeepersons shall be filed in the office of the
4    county clerk not more than 141 nor less than 134 days prior
5    to the date of the primary.
6        (6) The State Board of Elections and the various
7    election authorities and local election officials with
8    whom such petitions for nominations are filed shall
9    specify the place where filings shall be made and upon
10    receipt shall endorse thereon the day and hour on which
11    each petition was filed. All petitions filed by persons
12    waiting in line as of 8:00 a.m. on the first day for
13    filing, or as of the normal opening hour of the office
14    involved on such day, shall be deemed filed as of 8:00 a.m.
15    or the normal opening hour, as the case may be. Petitions
16    filed by mail and received after midnight of the first day
17    for filing and in the first mail delivery or pickup of that
18    day shall be deemed as filed as of 8:00 a.m. of that day or
19    as of the normal opening hour of such day, as the case may
20    be. All petitions received thereafter shall be deemed as
21    filed in the order of actual receipt. However, 2 or more
22    petitions filed within the last hour of the filing
23    deadline shall be deemed filed simultaneously. Where 2 or
24    more petitions are received simultaneously, the State
25    Board of Elections or the various election authorities or
26    local election officials with whom such petitions are

 

 

HB4488 Enrolled- 31 -LRB103 34630 SPS 64471 b

1    filed shall break ties and determine the order of filing,
2    by means of a lottery or other fair and impartial method of
3    random selection approved by the State Board of Elections.
4    Such lottery shall be conducted within 9 days following
5    the last day for petition filing and shall be open to the
6    public. Seven days written notice of the time and place of
7    conducting such random selection shall be given by the
8    State Board of Elections to the chair of the State central
9    committee of each established political party, and by each
10    election authority or local election official, to the
11    County Chair of each established political party, and to
12    each organization of citizens within the election
13    jurisdiction which was entitled, under this Article, at
14    the next preceding election, to have pollwatchers present
15    on the day of election. The State Board of Elections,
16    election authority or local election official shall post
17    in a conspicuous, open and public place, at the entrance
18    of the office, notice of the time and place of such
19    lottery. The State Board of Elections shall adopt rules
20    and regulations governing the procedures for the conduct
21    of such lottery. All candidates shall be certified in the
22    order in which their petitions have been filed. Where
23    candidates have filed simultaneously, they shall be
24    certified in the order determined by lot and prior to
25    candidates who filed for the same office at a later time.
26        (7) The State Board of Elections or the appropriate

 

 

HB4488 Enrolled- 32 -LRB103 34630 SPS 64471 b

1    election authority or local election official with whom
2    such a petition for nomination is filed shall notify the
3    person for whom a petition for nomination has been filed
4    of the obligation to file statements of organization,
5    reports of campaign contributions, and quarterly annual
6    reports of campaign contributions and expenditures under
7    Article 9 of this Code. Such notice shall be given in the
8    manner prescribed by paragraph (7) of Section 9-16 of this
9    Code.
10        (8) Nomination papers filed under this Section are not
11    valid if the candidate named therein fails to file a
12    statement of economic interests as required by the
13    Illinois Governmental Ethics Act in relation to his
14    candidacy with the appropriate officer by the end of the
15    period for the filing of nomination papers unless he has
16    filed a statement of economic interests in relation to the
17    same governmental unit with that officer within a year
18    preceding the date on which such nomination papers were
19    filed. If the nomination papers of any candidate and the
20    statement of economic interests of that candidate are not
21    required to be filed with the same officer, the candidate
22    must file with the officer with whom the nomination papers
23    are filed a receipt from the officer with whom the
24    statement of economic interests is filed showing the date
25    on which such statement was filed. Such receipt shall be
26    so filed not later than the last day on which nomination

 

 

HB4488 Enrolled- 33 -LRB103 34630 SPS 64471 b

1    papers may be filed.
2        (9) Except as otherwise provided in this Code, any
3    person for whom a petition for nomination, or for
4    committeeperson or for delegate or alternate delegate to a
5    national nominating convention has been filed may cause
6    his name to be withdrawn by request in writing, signed by
7    him and duly acknowledged before an officer qualified to
8    take acknowledgments of deeds, and filed in the principal
9    or permanent branch office of the State Board of Elections
10    or with the appropriate election authority or local
11    election official, not later than the date of
12    certification of candidates for the consolidated primary
13    or general primary ballot. No names so withdrawn shall be
14    certified or printed on the primary ballot. If petitions
15    for nomination have been filed for the same person with
16    respect to more than one political party, his name shall
17    not be certified nor printed on the primary ballot of any
18    party. If petitions for nomination have been filed for the
19    same person for 2 or more offices which are incompatible
20    so that the same person could not serve in more than one of
21    such offices if elected, that person must withdraw as a
22    candidate for all but one of such offices within the 5
23    business days following the last day for petition filing.
24    A candidate in a judicial election may file petitions for
25    nomination for only one vacancy in a subcircuit and only
26    one vacancy in a circuit in any one filing period, and if

 

 

HB4488 Enrolled- 34 -LRB103 34630 SPS 64471 b

1    petitions for nomination have been filed for the same
2    person for 2 or more vacancies in the same circuit or
3    subcircuit in the same filing period, his or her name
4    shall be certified only for the first vacancy for which
5    the petitions for nomination were filed. If he fails to
6    withdraw as a candidate for all but one of such offices
7    within such time his name shall not be certified, nor
8    printed on the primary ballot, for any office. For the
9    purpose of the foregoing provisions, an office in a
10    political party is not incompatible with any other office.
11        (10)(a) Notwithstanding the provisions of any other
12    statute, no primary shall be held for an established
13    political party in any township, municipality, or ward
14    thereof, where the nomination of such party for every
15    office to be voted upon by the electors of such township,
16    municipality, or ward thereof, is uncontested. Whenever a
17    political party's nomination of candidates is uncontested
18    as to one or more, but not all, of the offices to be voted
19    upon by the electors of a township, municipality, or ward
20    thereof, then a primary shall be held for that party in
21    such township, municipality, or ward thereof; provided
22    that the primary ballot shall not include those offices
23    within such township, municipality, or ward thereof, for
24    which the nomination is uncontested. For purposes of this
25    Article, the nomination of an established political party
26    of a candidate for election to an office shall be deemed to

 

 

HB4488 Enrolled- 35 -LRB103 34630 SPS 64471 b

1    be uncontested where not more than the number of persons
2    to be nominated have timely filed valid nomination papers
3    seeking the nomination of such party for election to such
4    office.
5        (b) Notwithstanding the provisions of any other
6    statute, no primary election shall be held for an
7    established political party for any special primary
8    election called for the purpose of filling a vacancy in
9    the office of representative in the United States Congress
10    where the nomination of such political party for said
11    office is uncontested. For the purposes of this Article,
12    the nomination of an established political party of a
13    candidate for election to said office shall be deemed to
14    be uncontested where not more than the number of persons
15    to be nominated have timely filed valid nomination papers
16    seeking the nomination of such established party for
17    election to said office. This subsection (b) shall not
18    apply if such primary election is conducted on a regularly
19    scheduled election day.
20        (c) Notwithstanding the provisions in subparagraph (a)
21    and (b) of this paragraph (10), whenever a person who has
22    not timely filed valid nomination papers and who intends
23    to become a write-in candidate for a political party's
24    nomination for any office for which the nomination is
25    uncontested files a written statement or notice of that
26    intent with the State Board of Elections or the local

 

 

HB4488 Enrolled- 36 -LRB103 34630 SPS 64471 b

1    election official where the candidate is seeking to appear
2    on the ballot with whom nomination papers for such office
3    are filed, a primary ballot shall be prepared and a
4    primary shall be held for that office. Such statement or
5    notice shall be filed on or before the date established in
6    this Article for certifying candidates for the primary
7    ballot. Such statement or notice shall contain (i) the
8    name and address of the person intending to become a
9    write-in candidate, (ii) a statement that the person is a
10    qualified primary elector of the political party from whom
11    the nomination is sought, (iii) a statement that the
12    person intends to become a write-in candidate for the
13    party's nomination, and (iv) the office the person is
14    seeking as a write-in candidate. An election authority
15    shall have no duty to conduct a primary and prepare a
16    primary ballot for any office for which the nomination is
17    uncontested unless a statement or notice meeting the
18    requirements of this Section is filed in a timely manner.
19        (11) If multiple sets of nomination papers are filed
20    for a candidate to the same office, the State Board of
21    Elections, appropriate election authority or local
22    election official where the petitions are filed shall
23    within 2 business days notify the candidate of his or her
24    multiple petition filings and that the candidate has 3
25    business days after receipt of the notice to notify the
26    State Board of Elections, appropriate election authority

 

 

HB4488 Enrolled- 37 -LRB103 34630 SPS 64471 b

1    or local election official that he or she may cancel prior
2    sets of petitions. If the candidate notifies the State
3    Board of Elections, appropriate election authority or
4    local election official, the last set of petitions filed
5    shall be the only petitions to be considered valid by the
6    State Board of Elections, election authority or local
7    election official. If the candidate fails to notify the
8    State Board of Elections, election authority or local
9    election official then only the first set of petitions
10    filed shall be valid and all subsequent petitions shall be
11    void.
12        (12) All nominating petitions shall be available for
13    public inspection and shall be preserved for a period of
14    not less than 6 months.
15(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21;
16103-586, eff. 5-3-24.)
 
17    (10 ILCS 5/8-9)  (from Ch. 46, par. 8-9)
18    Sec. 8-9. All petitions for nomination shall be filed by
19mail or in person as follows:
20        (1) Where the nomination is made for a legislative
21    office, such petition for nomination shall be filed in the
22    principal office of the State Board of Elections not more
23    than 141 113 and not less than 134 106 days prior to the
24    date of the primary.
25        (2) The State Board of Elections shall, upon receipt

 

 

HB4488 Enrolled- 38 -LRB103 34630 SPS 64471 b

1    of each petition, endorse thereon the day and hour on
2    which it was filed. Petitions filed by mail and received
3    after midnight on the first day for filing and in the first
4    mail delivery or pickup of that day, shall be deemed as
5    filed as of 8:00 a.m. of that day or as of the normal
6    opening hour of such day as the case may be, and all
7    petitions received thereafter shall be deemed as filed in
8    the order of actual receipt. However, 2 or more petitions
9    filed within the last hour of the filing deadline shall be
10    deemed to have been filed simultaneously. Where 2 or more
11    petitions are received simultaneously, the State Board of
12    Elections shall break ties and determine the order of
13    filing, by means of a lottery as provided in Section 7-12
14    of this Code.
15        (3) Any person for whom a petition for nomination has
16    been filed, may cause his name to be withdrawn by a request
17    in writing, signed by him, duly acknowledged before an
18    officer qualified to take acknowledgments of deeds, and
19    filed in the principal or permanent branch office of the
20    State Board of Elections not later than the date of
21    certification of candidates for the general primary
22    ballot, and no names so withdrawn shall be certified by
23    the State Board of Elections to the county clerk, or
24    printed on the primary ballot. If petitions for nomination
25    have been filed for the same person with respect to more
26    than one political party, his name shall not be certified

 

 

HB4488 Enrolled- 39 -LRB103 34630 SPS 64471 b

1    nor printed on the primary ballot of any party. If
2    petitions for nomination have been filed for the same
3    person for 2 or more offices which are incompatible so
4    that the same person could not serve in more than one of
5    such offices if elected, that person must withdraw as a
6    candidate for all but one of such offices within the 5
7    business days following the last day for petition filing.
8    If he fails to withdraw as a candidate for all but one of
9    such offices within such time, his name shall not be
10    certified, nor printed on the primary ballot, for any
11    office. For the purpose of the foregoing provisions, an
12    office in a political party is not incompatible with any
13    other office.
14        (4) If multiple sets of nomination papers are filed
15    for a candidate to the same office, the State Board of
16    Elections shall within 2 business days notify the
17    candidate of his or her multiple petition filings and that
18    the candidate has 3 business days after receipt of the
19    notice to notify the State Board of Elections that he or
20    she may cancel prior sets of petitions. If the candidate
21    notifies the State Board of Elections the last set of
22    petitions filed shall be the only petitions to be
23    considered valid by the State Board of Elections. If the
24    candidate fails to notify the State Board then only the
25    first set of petitions filed shall be valid and all
26    subsequent petitions shall be void.

 

 

HB4488 Enrolled- 40 -LRB103 34630 SPS 64471 b

1(Source: P.A. 98-115, eff. 7-29-13.)
 
2    (10 ILCS 5/9-8.5)
3    Sec. 9-8.5. Limitations on campaign contributions.
4    (a) It is unlawful for a political committee to accept
5contributions except as provided in this Section.
6    (b) During an election cycle, a candidate political
7committee may not accept contributions with an aggregate value
8over the following: (i) $5,000 from any individual, (ii)
9$10,000 from any corporation, labor organization, or
10association, or (iii) $50,000 from a candidate political
11committee or political action committee. A candidate political
12committee may accept contributions in any amount from a
13political party committee except during an election cycle in
14which the candidate seeks nomination at a primary election.
15During an election cycle in which the candidate seeks
16nomination at a primary election, a candidate political
17committee may not accept contributions from political party
18committees with an aggregate value over the following: (i)
19$200,000 for a candidate political committee established to
20support a candidate seeking nomination to statewide office,
21(ii) $125,000 for a candidate political committee established
22to support a candidate seeking nomination to the Senate, the
23Supreme Court or Appellate Court in the First Judicial
24District, or an office elected by all voters in a county with
251,000,000 or more residents, (iii) $75,000 for a candidate

 

 

HB4488 Enrolled- 41 -LRB103 34630 SPS 64471 b

1political committee established to support a candidate seeking
2nomination to the House of Representatives, the Supreme Court
3or Appellate Court for a Judicial District other than the
4First Judicial District, an office elected by all voters of a
5county of fewer than 1,000,000 residents, and municipal and
6county offices in Cook County other than those elected by all
7voters of Cook County, and (iv) $50,000 for a candidate
8political committee established to support the nomination of a
9candidate to any other office. A candidate political committee
10established to elect a candidate to the General Assembly may
11accept contributions from only one legislative caucus
12committee. A candidate political committee may not accept
13contributions from a ballot initiative committee or from an
14independent expenditure committee.
15    (b-5) Judicial elections.
16        (1) In addition to any other provision of this
17    Section, a candidate political committee established to
18    support or oppose a candidate seeking nomination to the
19    Supreme Court, Appellate Court, or Circuit Court may not:
20            (A) accept contributions from any entity that does
21        not disclose the identity of those who make
22        contributions to the entity, except for contributions
23        that are not required to be itemized by this Code; or
24            (B) accept contributions from any out-of-state
25        person, as defined in this Article.
26        (1.1) In addition to any other provision of this

 

 

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1    Section, a political committee that is self-funding, as
2    described in subsection (h) of this Section, and is
3    established to support or oppose a candidate seeking
4    nomination, election, or retention to the Supreme Court,
5    the Appellate Court, or the Circuit Court may not accept
6    contributions from any single person, other than the
7    judicial candidate or the candidate's immediate family, in
8    a cumulative amount that exceeds $500,000 in any election
9    cycle. Any contribution in excess of the limits in this
10    paragraph (1.1) shall escheat to the State of Illinois.
11    Any political committee that receives such a contribution
12    shall immediately forward the amount that exceeds $500,000
13    to the State Treasurer who shall deposit the funds into
14    the State Treasury.
15        (1.2) In addition to any other provision of this
16    Section, an independent expenditure committee established
17    to support or oppose a candidate seeking nomination,
18    election, or retention to the Supreme Court, the Appellate
19    Court, or the Circuit Court may not accept contributions
20    from any single person in a cumulative amount that exceeds
21    $500,000 in any election cycle. Any contribution in excess
22    of the limits in this paragraph (1.2) shall escheat to the
23    State of Illinois. Any independent expenditure committee
24    that receives such a contribution shall immediately
25    forward the amount that exceeds $500,000 to the State
26    Treasurer who shall deposit the funds into the State

 

 

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1    Treasury.
2        (1.3) In addition to any other provision of this
3    Section, if a political committee established to support
4    or oppose a candidate seeking nomination, election, or
5    retention to the Supreme Court, the Appellate Court, or
6    the Circuit Court receives a contribution in excess of
7    $500 from: (i) any committee that is not required to
8    disclose its contributors under this Act; (ii) any
9    association that is not required to disclose its
10    contributors under this Act; or (iii) any other
11    organization or group of persons that is not required to
12    disclose its contributors under this Act, then that
13    contribution shall be considered an anonymous contribution
14    that shall escheat to the State, unless the political
15    committee reports to the State Board of Elections all
16    persons who have contributed in excess of $500 during the
17    same election cycle to the committee, association,
18    organization, or group making the contribution. Any
19    political committee that receives such a contribution and
20    fails to report this information shall forward the
21    contribution amount immediately to the State Treasurer who
22    shall deposit the funds into the State Treasury.
23        (2) As used in this subsection, "contribution" has the
24    meaning provided in Section 9-1.4 and also includes the
25    following that are subject to the limits of this Section:
26            (A) expenditures made by any person in concert or

 

 

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1        cooperation with, or at the request or suggestion of,
2        a candidate, his or her designated committee, or their
3        agents; and
4            (B) the financing by any person of the
5        dissemination, distribution, or republication, in
6        whole or in part, of any broadcast or any written,
7        graphic, or other form of campaign materials prepared
8        by the candidate, his or her campaign committee, or
9        their designated agents.
10        (3) As to contributions to a candidate political
11    committee established to support a candidate seeking
12    nomination to the Supreme Court, Appellate Court, or
13    Circuit Court:
14            (A) No person shall make a contribution in the
15        name of another person or knowingly permit his or her
16        name to be used to effect such a contribution.
17            (B) No person shall knowingly accept a
18        contribution made by one person in the name of another
19        person.
20            (C) No person shall knowingly accept reimbursement
21        from another person for a contribution made in his or
22        her own name.
23            (D) No person shall make an anonymous
24        contribution.
25            (E) No person shall knowingly accept any anonymous
26        contribution.

 

 

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1            (F) No person shall predicate (1) any benefit,
2        including, but not limited to, employment decisions,
3        including hiring, promotions, bonus compensation, and
4        transfers, or (2) any other gift, transfer, or
5        emolument upon:
6                (i) the decision by the recipient of that
7            benefit to donate or not to donate to a candidate;
8            or
9                (ii) the amount of any such donation.
10        (4) No judicial candidate or political committee
11    established to support a candidate seeking nomination to
12    the Supreme Court, Appellate Court, or Circuit Court shall
13    knowingly accept any contribution or make any expenditure
14    in violation of the provisions of this Section. No officer
15    or employee of a political committee established to
16    support a candidate seeking nomination to the Supreme
17    Court, Appellate Court, or Circuit Court shall knowingly
18    accept a contribution made for the benefit or use of a
19    candidate or knowingly make any expenditure in support of
20    or opposition to a candidate or for electioneering
21    communications in relation to a candidate in violation of
22    any limitation designated for contributions and
23    expenditures under this Section.
24        (5) Where the provisions of this subsection (b-5)
25    conflict with any other provision of this Code, this
26    subsection (b-5) shall control.

 

 

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1    (c) During an election cycle, a political party committee
2may not accept contributions with an aggregate value over the
3following: (i) $10,000 from any individual, (ii) $20,000 from
4any corporation, labor organization, or association, or (iii)
5$50,000 from a political action committee. A political party
6committee may accept contributions in any amount from another
7political party committee or a candidate political committee,
8except as provided in subsection (c-5). Nothing in this
9Section shall limit the amounts that may be transferred
10between a political party committee established under
11subsection (a) of Section 7-8 of this Code and an affiliated
12federal political committee established under the Federal
13Election Code by the same political party. A political party
14committee may not accept contributions from a ballot
15initiative committee or from an independent expenditure
16committee. A political party committee established by a
17legislative caucus may not accept contributions from another
18political party committee established by a legislative caucus.
19    (c-5) (Blank). During the period beginning on the date
20candidates may begin circulating petitions for a primary
21election and ending on the day of the primary election, a
22political party committee may not accept contributions with an
23aggregate value over $50,000 from a candidate political
24committee or political party committee. A political party
25committee may accept contributions in any amount from a
26candidate political committee or political party committee if

 

 

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1the political party committee receiving the contribution filed
2a statement of nonparticipation in the primary as provided in
3subsection (c-10). The Task Force on Campaign Finance Reform
4shall study and make recommendations on the provisions of this
5subsection to the Governor and General Assembly by September
630, 2012. This subsection becomes inoperative on July 1, 2013
7and thereafter no longer applies.
8    (c-10) (Blank). A political party committee that does not
9intend to make contributions to candidates to be nominated at
10a general primary election or consolidated primary election
11may file a Statement of Nonparticipation in a Primary Election
12with the Board. The Statement of Nonparticipation shall
13include a verification signed by the chairperson and treasurer
14of the committee that (i) the committee will not make
15contributions or coordinated expenditures in support of or
16opposition to a candidate or candidates to be nominated at the
17general primary election or consolidated primary election
18(select one) to be held on (insert date), (ii) the political
19party committee may accept unlimited contributions from
20candidate political committees and political party committees,
21provided that the political party committee does not make
22contributions to a candidate or candidates to be nominated at
23the primary election, and (iii) failure to abide by these
24requirements shall deem the political party committee in
25violation of this Article and subject the committee to a fine
26of no more than 150% of the total contributions or coordinated

 

 

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1expenditures made by the committee in violation of this
2Article. This subsection becomes inoperative on July 1, 2013
3and thereafter no longer applies.
4    (d) During an election cycle, a political action committee
5may not accept contributions with an aggregate value over the
6following: (i) $10,000 from any individual, (ii) $20,000 from
7any corporation, labor organization, political party
8committee, or association, or (iii) $50,000 from a political
9action committee or candidate political committee. A political
10action committee may not accept contributions from a ballot
11initiative committee or from an independent expenditure
12committee.
13    (e) A ballot initiative committee may accept contributions
14in any amount from any source, provided that the committee
15files the document required by Section 9-3 of this Article and
16files the disclosure reports required by the provisions of
17this Article.
18    (e-5) An independent expenditure committee may accept
19contributions in any amount from any source, provided that the
20committee files the document required by Section 9-3 of this
21Article and files the disclosure reports required by the
22provisions of this Article.
23    (e-10) A limited activity committee shall not accept
24contributions, except that the officer or a candidate the
25committee has designated to support may contribute personal
26funds in order to pay for maintenance expenses. A limited

 

 

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1activity committee may only make expenditures that are: (i)
2necessary for maintenance of the committee; (ii) for rent or
3lease payments until the end of the lease in effect at the time
4the officer or candidate is confirmed by the Senate; (iii)
5contributions to 501(c)(3) charities; or (iv) returning
6contributions to original contributors.
7    (f) Nothing in this Section shall prohibit a political
8committee from dividing the proceeds of joint fundraising
9efforts; provided that no political committee may receive more
10than the limit from any one contributor, and provided that an
11independent expenditure committee may not conduct joint
12fundraising efforts with a candidate political committee or a
13political party committee.
14    (g) On January 1 of each odd-numbered year, the State
15Board of Elections shall adjust the amounts of the
16contribution limitations established in this Section for
17inflation as determined by the Consumer Price Index for All
18Urban Consumers as issued by the United States Department of
19Labor and rounded to the nearest $100. The State Board shall
20publish this information on its official website.
21    (h) Self-funding candidates. If a public official, a
22candidate, or the public official's or candidate's immediate
23family contributes or loans to the public official's or
24candidate's political committee or to other political
25committees that transfer funds to the public official's or
26candidate's political committee or makes independent

 

 

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1expenditures for the benefit of the public official's or
2candidate's campaign during the 12 months prior to an election
3in an aggregate amount of more than (i) $250,000 for statewide
4office or (ii) $100,000 for all other elective offices, then
5the public official or candidate shall file with the State
6Board of Elections, within one day, a Notification of
7Self-funding that shall detail each contribution or loan made
8by the public official, the candidate, or the public
9official's or candidate's immediate family. Within 2 business
10days after the filing of a Notification of Self-funding, the
11notification shall be posted on the Board's website and the
12Board shall give official notice of the filing to each
13candidate for the same office as the public official or
14candidate making the filing, including the public official or
15candidate filing the Notification of Self-funding. Notice
16shall be sent via first class mail to the candidate and the
17treasurer of the candidate's committee. Notice shall also be
18sent by e-mail to the candidate and the treasurer of the
19candidate's committee if the candidate and the treasurer, as
20applicable, have provided the Board with an e-mail address.
21Upon posting of the notice on the Board's website, all
22candidates for that office, including the public official or
23candidate who filed a Notification of Self-funding, shall be
24permitted to accept contributions in excess of any
25contribution limits imposed by subsection (b). If a public
26official or candidate filed a Notification of Self-funding

 

 

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1during an election cycle that includes a general primary
2election or consolidated primary election and that public
3official or candidate is nominated, all candidates for that
4office, including the nominee who filed the notification of
5self-funding, shall be permitted to accept contributions in
6excess of any contribution limit imposed by subsection (b) for
7the subsequent election cycle. For the purposes of this
8subsection, "immediate family" means the spouse, parent, or
9child of a public official or candidate.
10    (h-5) If a natural person or independent expenditure
11committee makes independent expenditures in support of or in
12opposition to the campaign of a particular public official or
13candidate in an aggregate amount of more than (i) $250,000 for
14statewide office or (ii) $100,000 for all other elective
15offices in an election cycle, as reported in a written
16disclosure filed under subsection (a) of Section 9-8.6 or
17subsection (e-5) of Section 9-10, then the State Board of
18Elections shall, within 2 business days after the filing of
19the disclosure, post the disclosure on the Board's website and
20give official notice of the disclosure to each candidate for
21the same office as the public official or candidate for whose
22benefit or detriment the natural person or independent
23expenditure committee made independent expenditures. Upon
24posting of the notice on the Board's website, all candidates
25for that office in that election, including the public
26official or candidate for whose benefit or detriment the

 

 

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1natural person or independent expenditure committee made
2independent expenditures, shall be permitted to accept
3contributions in excess of any contribution limits imposed by
4subsection (b).
5    (h-10) If the State Board of Elections receives
6notification or determines that a natural person or persons,
7an independent expenditure committee or committees, or
8combination thereof has made independent expenditures in
9support of or in opposition to the campaign of a particular
10public official or candidate in an aggregate amount of more
11than (i) $250,000 for statewide office or (ii) $100,000 for
12all other elective offices in an election cycle, then the
13Board shall, within 2 business days after discovering the
14independent expenditures that, in the aggregate, exceed the
15threshold set forth in (i) and (ii) of this subsection, post
16notice of this fact on the Board's website and give official
17notice to each candidate for the same office as the public
18official or candidate for whose benefit or detriment the
19independent expenditures were made. Notice shall be sent via
20first class mail to the candidate and the treasurer of the
21candidate's committee. Notice shall also be sent by e-mail to
22the candidate and the treasurer of the candidate's committee
23if the candidate and the treasurer, as applicable, have
24provided the Board with an e-mail address. Upon posting of the
25notice on the Board's website, all candidates of that office
26in that election, including the public official or candidate

 

 

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1for whose benefit or detriment the independent expenditures
2were made, may accept contributions in excess of any
3contribution limits imposed by subsection (b).
4    (i) For the purposes of this Section, a corporation, labor
5organization, association, or a political action committee
6established by a corporation, labor organization, or
7association may act as a conduit in facilitating the delivery
8to a political action committee of contributions made through
9dues, levies, or similar assessments and the political action
10committee may report the contributions in the aggregate,
11provided that: (i) contributions made through dues, levies, or
12similar assessments paid by any natural person, corporation,
13labor organization, or association in a calendar year may not
14exceed the limits set forth in this Section; (ii) the
15corporation, labor organization, association, or a political
16action committee established by a corporation, labor
17organization, or association facilitating the delivery of
18contributions maintains a list of natural persons,
19corporations, labor organizations, and associations that paid
20the dues, levies, or similar assessments from which the
21contributions comprising the aggregate amount derive; and
22(iii) contributions made through dues, levies, or similar
23assessments paid by any natural person, corporation, labor
24organization, or association that exceed $1,000 in a quarterly
25reporting period shall be itemized on the committee's
26quarterly report and may not be reported in the aggregate. A

 

 

HB4488 Enrolled- 54 -LRB103 34630 SPS 64471 b

1political action committee facilitating the delivery of
2contributions or receiving contributions shall disclose the
3amount of contributions made through dues delivered or
4received and the name of the corporation, labor organization,
5association, or political action committee delivering the
6contributions, if applicable. On January 1 of each
7odd-numbered year, the State Board of Elections shall adjust
8the amounts of the contribution limitations established in
9this subsection for inflation as determined by the Consumer
10Price Index for All Urban Consumers as issued by the United
11States Department of Labor and rounded to the nearest $100.
12The State Board shall publish this information on its official
13website.
14    (j) A political committee that receives a contribution or
15transfer in violation of this Section shall dispose of the
16contribution or transfer by returning the contribution or
17transfer, or an amount equal to the contribution or transfer,
18to the contributor or transferor or donating the contribution
19or transfer, or an amount equal to the contribution or
20transfer, to a charity. A contribution or transfer received in
21violation of this Section that is not disposed of as provided
22in this subsection within 30 days after the Board sends
23notification to the political committee of the excess
24contribution by certified mail shall escheat to the General
25Revenue Fund and the political committee shall be deemed in
26violation of this Section and subject to a civil penalty not to

 

 

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1exceed 150% of the total amount of the contribution.
2    (k) For the purposes of this Section, "statewide office"
3means the Governor, Lieutenant Governor, Attorney General,
4Secretary of State, Comptroller, and Treasurer.
5    (l) This Section is repealed if and when the United States
6Supreme Court invalidates contribution limits on committees
7formed to assist candidates, political parties, corporations,
8associations, or labor organizations established by or
9pursuant to federal law.
10(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21;
11102-909, eff. 5-27-22.)
 
12    (10 ILCS 5/9-11)  (from Ch. 46, par. 9-11)
13    Sec. 9-11. Financial reports.
14    (a) Each quarterly report of campaign contributions,
15expenditures, and independent expenditures under Section 9-10
16shall disclose the following:
17        (1) the name and address of the political committee;
18        (2) the name and address of the person submitting the
19    report on behalf of the committee, if other than the chair
20    or treasurer;
21        (3) the amount of funds on hand at the beginning of the
22    reporting period;
23        (4) the full name and mailing address of each person
24    who has made one or more contributions to or for the
25    committee within the reporting period in an aggregate

 

 

HB4488 Enrolled- 56 -LRB103 34630 SPS 64471 b

1    amount or value in excess of $150, together with the
2    amounts and dates of those contributions, and, if the
3    contributor is an individual who contributed more than
4    $500, the occupation and employer of the contributor or,
5    if the occupation and employer of the contributor are
6    unknown, a statement that the committee has made a good
7    faith effort to ascertain this information;
8        (5) the total sum of individual contributions made to
9    or for the committee during the reporting period and not
10    reported under item (4);
11        (6) the name and address of each political committee
12    from which the reporting committee received, or to which
13    that committee made, any transfer of funds in the
14    aggregate amount or value in excess of $150, together with
15    the amounts and dates of all transfers;
16        (7) the total sum of transfers made to or from the
17    committee during the reporting period and not reported
18    under item (6);
19        (8) each loan to or from any person, political
20    committee, or financial institution within the reporting
21    period by or to the committee in an aggregate amount or
22    value in excess of $150, together with the full names and
23    mailing addresses of the lender and endorsers, if any; the
24    dates and amounts of the loans; and, if a lender or
25    endorser is an individual who loaned or endorsed a loan of
26    more than $500, the occupation and employer of that

 

 

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1    individual or, if the occupation and employer of the
2    individual are unknown, a statement that the committee has
3    made a good faith effort to ascertain this information;
4        (9) the total amount of proceeds received by the
5    committee from (i) the sale of tickets for each dinner,
6    luncheon, cocktail party, rally, and other fund-raising
7    events; (ii) mass collections made at those events; and
8    (iii) sales of items such as political campaign pins,
9    buttons, badges, flags, emblems, hats, banners,
10    literature, and similar materials;
11        (10) each contribution, rebate, refund, income from
12    investments, or other receipt in excess of $150 received
13    by the committee not otherwise listed under items (4)
14    through (9) and, if the contributor is an individual who
15    contributed more than $500, the occupation and employer of
16    the contributor or, if the occupation and employer of the
17    contributor are unknown, a statement that the committee
18    has made a good faith effort to ascertain this
19    information;
20        (11) the total sum of all receipts by or for the
21    committee or candidate during the reporting period;
22        (12) the full name and mailing address of each person
23    to whom expenditures have been made by the committee or
24    candidate within the reporting period in an aggregate
25    amount or value in excess of $150; the amount, date, and
26    purpose of each of those expenditures; and the question of

 

 

HB4488 Enrolled- 58 -LRB103 34630 SPS 64471 b

1    public policy or the name and address of, and the office
2    sought by, each candidate on whose behalf that expenditure
3    was made;
4        (13) the full name and mailing address of each person
5    to whom an expenditure for personal services, salaries,
6    and reimbursed expenses in excess of $150 has been made
7    and that is not otherwise reported, including the amount,
8    date, and purpose of the expenditure;
9        (14) the value of each asset held as an investment, as
10    of the final day of the reporting period;
11        (15) the total sum of expenditures made by the
12    committee during the reporting period; and
13        (16) the full name and mailing address of each person
14    to whom the committee owes debts or obligations in excess
15    of $150 and the amount of those debts or obligations.
16    For purposes of reporting campaign receipts and expenses,
17income from investments shall be included as receipts during
18the reporting period they are actually received. The gross
19purchase price of each investment shall be reported as an
20expenditure at time of purchase. Net proceeds from the sale of
21an investment shall be reported as a receipt. During the
22period investments are held they shall be identified by name
23and quantity of security or instrument on each quarterly
24semi-annual report during the period.
25    (b) Each report of a campaign contribution of $1,000 or
26more required under subsection (c) of Section 9-10 shall

 

 

HB4488 Enrolled- 59 -LRB103 34630 SPS 64471 b

1disclose the following:
2        (1) the name and address of the political committee;
3        (2) the name and address of the person submitting the
4    report on behalf of the committee, if other than the chair
5    or treasurer; and
6        (3) the full name and mailing address of each person
7    who has made a contribution of $1,000 or more.
8    (c) Each quarterly report shall include the following
9information regarding any independent expenditures made during
10the reporting period: (1) the full name and mailing address of
11each person to whom an expenditure in excess of $150 has been
12made in connection with an independent expenditure; (2) the
13amount, date, and purpose of such expenditure; (3) a statement
14whether the independent expenditure was in support of or in
15opposition to a particular candidate; (4) the name of the
16candidate; (5) the office and, when applicable, district,
17sought by the candidate; and (6) a certification, under
18penalty of perjury, that such expenditure was not made in
19cooperation, consultation, or concert with, or at the request
20or suggestion of, any candidate or any authorized committee or
21agent of such committee. The report shall also include (I) the
22total of all independent expenditures of $150 or less made
23during the reporting period and (II) the total amount of all
24independent expenditures made during the reporting period.
25    (d) The Board shall by rule define a "good faith effort".
26    The reports of campaign contributions filed under this

 

 

HB4488 Enrolled- 60 -LRB103 34630 SPS 64471 b

1Article shall be cumulative during the reporting period to
2which they relate.
3    (e) Each report shall be verified, dated, and signed by
4either the treasurer of the political committee or the
5candidate on whose behalf the report is filed and shall
6contain the following verification:
7    "I declare that this report (including any accompanying
8schedules and statements) has been examined by me and, to the
9best of my knowledge and belief, is a true, correct, and
10complete report as required by Article 9 of the Election Code.
11I understand that willfully filing a false or incomplete
12statement is subject to a civil penalty of up to $5,000.".
13    (f) A political committee may amend a report filed under
14subsection (a) or (b). The Board may reduce or waive a fine if
15the amendment is due to a technical or inadvertent error and
16the political committee files the amended report, except that
17a report filed under subsection (b) must be amended within 5
18business days. The State Board shall ensure that a description
19of the amended information is available to the public. The
20Board may promulgate rules to enforce this subsection.
21(Source: P.A. 100-1027, eff. 1-1-19.)
 
22    (10 ILCS 5/9-23.5)
23    Sec. 9-23.5. Public database of founded complaints. The
24State Board of Elections shall establish and maintain on its
25official website a searchable database, freely accessible to

 

 

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1the public, of each complaint filed with the Board under this
2Article with respect to which Board action was taken,
3including all Board actions and penalties imposed, if any. The
4Board must update the database within 5 business days after an
5action is taken or a penalty is imposed to include that
6complaint, action, or penalty in the database. The Task Force
7on Campaign Finance Reform shall make recommendations on
8improving access to information related to founded complaints.
9(Source: P.A. 96-832, eff. 1-1-11.)
 
10    (10 ILCS 5/9-35)
11    Sec. 9-35. Registration of business entities.
12    (a) This Section governs the procedures for the
13registration required under Section 20-160 of the Illinois
14Procurement Code.
15    For the purposes of this Section, the terms
16"officeholder", "State contract", "business entity", "State
17agency", "affiliated entity", and "affiliated person" have the
18meanings ascribed to those terms in Section 50-37 of the
19Illinois Procurement Code.
20    (b) Registration under Section 20-160 of the Illinois
21Procurement Code, and any changes to that registration, must
22be made electronically, and the State Board of Elections by
23rule shall provide for electronic registration; except that
24the State Board may adopt emergency rules providing for a
25temporary filing system, effective through August 1, 2009,

 

 

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1under which business entities must file the required
2registration forms provided by the Board via e-mail attachment
3in a PDF file or via another type of mail service and must
4receive from the State Board registration certificates via
5e-mail or paper registration certificates. The State Board
6shall retain the registrations submitted by business entities
7via e-mail or another type of mail service for at least 6
8months following the establishment of the electronic
9registration system required by this subsection.
10    Each registration must contain substantially the
11following:
12        (1) The name and address of the business entity.
13        (2) The name and address of any affiliated entity of
14    the business entity, including a description of the
15    affiliation.
16        (3) The name and address of any affiliated person of
17    the business entity, including a description of the
18    affiliation.
19    (c) The Board shall provide a certificate of registration
20to the business entity. The certificate shall be electronic,
21except as otherwise provided in this Section, and accessible
22to the business entity through the State Board of Elections'
23website and protected by a password. Within 60 days after
24establishment of the electronic system, each business entity
25that submitted a registration via e-mail attachment or paper
26copy pursuant to this Section shall re-submit its registration

 

 

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1electronically. At the time of re-submission, the State Board
2of Elections shall provide an electronic certificate of
3registration to that business entity.
4    (d) Any business entity required to register under Section
520-160 of the Illinois Procurement Code shall provide a copy
6of the registration certificate, by first class mail or hand
7delivery within 10 days after registration, to each affiliated
8entity or affiliated person whose identity is required to be
9disclosed. Failure to provide notice to an affiliated entity
10or affiliated person is a business offense for which the
11business entity is subject to a fine not to exceed $1,001.
12    (e) In addition to any penalty under Section 20-160 of the
13Illinois Procurement Code, intentional, willful, or material
14failure to disclose information required for registration is
15subject to a civil penalty imposed by the State Board of
16Elections. The State Board shall impose a civil penalty of
17$1,000 per business day for failure to update a registration.
18    (f) Any business entity required to register under Section
1920-160 of the Illinois Procurement Code shall notify any
20political committee to which it makes a contribution, at the
21time of the contribution, that the business entity is
22registered with the State Board of Elections under Section
2320-160 of the Illinois Procurement Code. Any affiliated entity
24or affiliated person of a business entity required to register
25under Section 20-160 of the Illinois Procurement Code shall
26notify any political committee to which it makes a

 

 

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1contribution that it is affiliated with a business entity
2registered with the State Board of Elections under Section
320-160 of the Illinois Procurement Code.
4    (g) The State Board of Elections on its official website
5shall have a searchable database containing (i) all
6information required to be submitted to the Board under
7Section 20-160 of the Illinois Procurement Code and (ii) all
8reports filed under this Article with the State Board of
9Elections by all political committees. For the purposes of
10databases maintained by the State Board of Elections,
11"searchable" means able to search by "political committee", as
12defined in this Article, and by "officeholder", "State
13agency", "business entity", "affiliated entity", and
14"affiliated person". The Board shall not place the name of a
15minor child on the website. However, the Board shall provide a
16link to all contributions made by anyone reporting the same
17residential address as any affiliated person. In addition, the
18State Board of Elections on its official website shall provide
19an electronic connection to any searchable database of State
20contracts maintained by the Comptroller, searchable by
21business entity.
22    (h) The State Board of Elections shall have rulemaking
23authority to implement this Section.
24(Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.)
 
25    (10 ILCS 5/9-50)

 

 

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1    Sec. 9-50. Vendor providing automated traffic systems;
2contributions.
3    (a) No vendor that offers or provides equipment or
4services for automated traffic law enforcement, automated
5speed enforcement, or automated railroad grade crossing
6enforcement systems to municipalities or counties, no
7political action committee created by such a vendor, and no
8vendor-affiliated person shall make a campaign contribution to
9any political committee established to promote the candidacy
10of a candidate or public official. An officer or agent of such
11a vendor may not consent to any contribution or expenditure
12that is prohibited by this Section. A candidate, political
13committee, or other person may not knowingly accept or receive
14any contribution prohibited by this Section. A political
15committee that receives a contribution in violation of this
16Section shall dispose of the contribution by returning the
17contribution or an amount equal to the contribution to the
18contributor or by donating the contribution or an amount equal
19to the contribution to a charity. A contribution received in
20violation of this Section that is not disposed of within 30
21days after the Board sends notification to the political
22committee of the excess contribution by certified mail shall
23escheat to the General Revenue Fund, and the political
24committee shall be deemed in violation of this Section and
25shall be subject to a civil penalty not to exceed 150% of the
26total amount of the contribution.

 

 

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1    (b) As used in this Section:
2    "Automated law enforcement system", "automated speed
3enforcement system", and "automated railroad grade crossing
4enforcement system" have the meanings given to those terms in
5Article II of Chapter 11 of the Illinois Vehicle Code.
6    "Vendor-affiliated person" means: (i) any person with an
7ownership interest in excess of 7.5% in a vendor that offers or
8provides equipment or services for automated traffic law
9enforcement, automated speed enforcement, or automated
10railroad grade crossing enforcement systems to municipalities
11or counties; (ii) any person with a distributive share in
12excess of 7.5% in a vendor that offers or provides equipment or
13services for automated traffic law enforcement, automated
14speed enforcement, or automated railroad grade crossing
15enforcement systems to municipalities or counties; (iii) any
16executive employees of a vendor that offers or provides
17equipment or services for automated traffic law enforcement,
18automated speed enforcement, or automated railroad grade
19crossing enforcement systems to municipalities or counties;
20and (iv) the spouse, minor child, or other immediate family
21member living in the residence of any of the persons
22identified in items (i) through (iii).
23(Source: P.A. 103-364, eff. 7-28-23.)
 
24    (10 ILCS 5/10-6)  (from Ch. 46, par. 10-6)
25    Sec. 10-6. Time and manner of filing. Except as otherwise

 

 

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1provided in this Code, certificates of nomination and
2nomination papers for the nomination of candidates for offices
3to be filled by electors of the entire State, or any district
4not entirely within a county, or for congressional, state
5legislative or judicial offices, shall be presented to the
6principal office of the State Board of Elections not more than
7169 141 nor less than 162 134 days previous to the day of
8election for which the candidates are nominated. The State
9Board of Elections shall endorse the certificates of
10nomination or nomination papers, as the case may be, and the
11date and hour of presentment to it. Except as otherwise
12provided in this Code, all other certificates for the
13nomination of candidates shall be filed with the county clerk
14of the respective counties not more than 169 141 but at least
15162 134 days previous to the day of such election.
16Certificates of nomination and nomination papers for the
17nomination of candidates for school district offices to be
18filled at consolidated elections shall be filed with the
19county clerk or county board of election commissioners of the
20county in which the principal office of the school district is
21located not more than 141 113 nor less than 134 106 days before
22the consolidated election. Except as otherwise provided in
23this Code, certificates of nomination and nomination papers
24for the nomination of candidates for the other offices of
25political subdivisions to be filled at regular elections other
26than the general election shall be filed with the local

 

 

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1election official of such subdivision:
2        (1) (Blank);
3        (2) not more than 141 113 nor less than 134 106 days
4    prior to the consolidated election; or
5        (3) not more than 141 113 nor less than 134 106 days
6    prior to the general primary in the case of municipal
7    offices to be filled at the general primary election; or
8        (4) not more than 127 99 nor less than 120 92 days
9    before the consolidated primary in the case of municipal
10    offices to be elected on a nonpartisan basis pursuant to
11    law (including, without limitation, those municipal
12    offices subject to Articles 4 and 5 of the Municipal
13    Code); or
14        (5) not more than 141 113 nor less than 134 106 days
15    before the municipal primary in even numbered years for
16    such nonpartisan municipal offices where annual elections
17    are provided; or
18        (6) in the case of petitions for the office of
19    multi-township assessor, such petitions shall be filed
20    with the election authority not more than 113 nor less
21    than 134 106 days before the consolidated election.
22    However, where a political subdivision's boundaries are
23co-extensive with or are entirely within the jurisdiction of a
24municipal board of election commissioners, the certificates of
25nomination and nomination papers for candidates for such
26political subdivision offices shall be filed in the office of

 

 

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1such Board.
2(Source: P.A. 102-15, eff. 6-17-21.)
 
3    (10 ILCS 5/10-6.1)  (from Ch. 46, par. 10-6.1)
4    Sec. 10-6.1. The board or clerk with whom a certificate of
5nomination or nomination papers are filed shall notify the
6person for whom such papers are filed of the obligation to file
7statements of organization, reports of campaign contributions,
8and quarterly annual reports of campaign contributions and
9expenditures under Article 9 of this Act. Such notice shall be
10given in the manner prescribed by paragraph (7) of Section
119-16 of this Code.
12(Source: P.A. 81-1189.)
 
13    (10 ILCS 5/10-10.1)  (from Ch. 46, par. 10-10.1)
14    Sec. 10-10.1. (a) Except as otherwise provided in this
15Section, a candidate or objector aggrieved by the decision of
16an electoral board may secure judicial review of such decision
17in the circuit court of the county in which the hearing of the
18electoral board was held. The party seeking judicial review
19must file, within 5 days after service of the decision of the
20electoral board as provided in Section 10-10, a petition with
21the clerk of the court that names as respondents the electoral
22board, its members, and the prevailing candidates or objectors
23in the initial proceeding before the board. The party seeking
24judicial review and must serve a copy of the petition upon each

 

 

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1of the respondents named in the petition for judicial review
2the electoral board and other parties to the proceeding by
3registered or certified mail within 5 days after service of
4the decision of the electoral board as provided in Section
510-10. The petition shall contain a brief statement of the
6reasons why the decision of the board should be reversed. The
7petitioner shall file proof of service with the clerk of the
8court within 5 days after service of the decision of the
9electoral board as provided in Section 10-10. No answer to the
10petition need be filed, but the electoral board shall cause
11the record of proceedings before the electoral board to be
12filed with the clerk of the court on or before the date of the
13hearing on the petition or as ordered by the court.
14    The court shall set the matter for hearing to be held
15within 30 days after the filing of the petition and shall make
16its decision promptly after such hearing.
17    (b) An objector or proponent aggrieved by the decision of
18an electoral board regarding a petition filed pursuant to
19Section 18-120 of the Property Tax Code may secure a review of
20such decision by the State Board of Elections. The party
21seeking such review must file a petition therefor with the
22State Board of Elections within 10 days after the decision of
23the electoral board. Any such objector or proponent may apply
24for and obtain judicial review of a decision of the State Board
25of Elections entered under this amendatory Act of 1985, in
26accordance with the provisions of the Administrative Review

 

 

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1Law, as amended.
2(Source: P.A. 96-1008, eff. 7-6-10.)
 
3    (10 ILCS 5/13-6.1)  (from Ch. 46, par. 13-6.1)
4    Sec. 13-6.1. Each judge of election shall be identified as
5such by a suitable badge or label authorized and issued by the
6county clerk that: (1) clearly states it is authorized by the
7county clerk; (2) identifies the individual as an election
8judge; and (3) contains a unique identifier that consists of
9the precinct number and assigns the judge of election a single
10letter. In accordance with this Section, the badge shall
11follow the form of "Precinct number, Judge letter" and bearing
12the date of the election for which issued. On such badge, the
13judge shall print his or her name and the ward, township or
14road district and precinct number in which he or she is
15serving.
16(Source: P.A. 84-971.)
 
17    (10 ILCS 5/14-5.1)  (from Ch. 46, par. 14-5.1)
18    Sec. 14-5.1. Each judge of election shall be identified as
19such by a suitable badge or label authorized and issued by the
20board of election commissioners that: (1) clearly states it is
21authorized by the board of election commissioners; (2)
22identifies the individual as an election judge; and (3)
23contains a unique identifier that consists of the precinct
24number and assigns the judge of election a single letter. In

 

 

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1accordance with this Section, the badge shall follow the form
2of "Precinct number, Judge letter" and bearing the date of the
3election for which issued. On such badge, the judge shall
4print his or her name and the ward or township and precinct
5number in which he or she is serving.
6(Source: P.A. 84-971.)
 
7    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
8    Sec. 19-12.2. Voting by physically incapacitated electors
9who have made proper application to the election authority not
10later than 5 days before the regular primary and general
11election of 1980 and before each election thereafter shall be
12conducted either through the vote by mail procedures as
13detailed in this Article or on the premises of (i) federally
14operated veterans' homes, hospitals, and facilities located in
15Illinois or (ii) facilities licensed or certified pursuant to
16the Nursing Home Care Act, the Specialized Mental Health
17Rehabilitation Act of 2013, the ID/DD Community Care Act, or
18the MC/DD Act for the sole benefit of residents of such homes,
19hospitals, and facilities. For the purposes of this Section,
20"federally operated veterans' home, hospital, or facility"
21means the long-term care facilities at the Jesse Brown VA
22Medical Center, Illiana Health Care System, Edward Hines, Jr.
23VA Hospital, Marion VA Medical Center, and Captain James A.
24Lovell Federal Health Care Center. Such voting shall be
25conducted during any continuous period sufficient to allow all

 

 

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1applicants to cast their ballots between the hours of 9 a.m.
2and 7 p.m. either on the Friday, Saturday, Sunday or Monday
3immediately preceding the regular election. This vote by mail
4voting on one of said days designated by the election
5authority shall be supervised by two election judges who must
6be selected by the election authority in the following order
7of priority: (1) from the panel of judges appointed for the
8precinct in which such home, hospital, or facility is located,
9or from a panel of judges appointed for any other precinct
10within the jurisdiction of the election authority in the same
11ward or township, as the case may be, in which the home,
12hospital, or facility is located or, only in the case where a
13judge or judges from the precinct, township or ward are
14unavailable to serve, (3) from a panel of judges appointed for
15any other precinct within the jurisdiction of the election
16authority. The two judges shall be from different political
17parties. Not less than 30 days before each regular election,
18the election authority shall have arranged with the chief
19administrative officer of each home, hospital, or facility in
20his or its election jurisdiction a mutually convenient time
21period on the Friday, Saturday, Sunday or Monday immediately
22preceding the election for such voting on the premises of the
23home, hospital, or facility and shall post in a prominent
24place in his or its office a notice of the agreed day and time
25period for conducting such voting at each home, hospital, or
26facility; provided that the election authority shall not later

 

 

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1than noon on the Thursday before the election also post the
2names and addresses of those homes, hospitals, and facilities
3from which no applications were received and in which no
4supervised vote by mail voting will be conducted. All
5provisions of this Code applicable to pollwatchers shall be
6applicable herein. To the maximum extent feasible, voting
7booths or screens shall be provided to insure the privacy of
8the voter. Voting procedures shall be as described in Article
917 of this Code, except that ballots shall be treated as vote
10by mail ballots and shall not be counted until the close of the
11polls on the following day. After the last voter has concluded
12voting, the judges shall seal the ballots in an envelope and
13affix their signatures across the flap of the envelope.
14Immediately thereafter, the judges shall bring the sealed
15envelope to the office of the election authority who shall
16deliver such ballots to the election authority's central
17ballot counting location prior to the closing of the polls on
18the day of election. The judges of election shall also report
19to the election authority the name of any applicant in the
20home, hospital, or facility who, due to unforeseen
21circumstance or condition or because of a religious holiday,
22was unable to vote. In this event, the election authority may
23appoint a qualified person from his or its staff to deliver the
24ballot to such applicant on the day of election. This staff
25person shall follow the same procedures prescribed for judges
26conducting vote by mail voting in such homes, hospitals, or

 

 

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1facilities and shall return the ballot to the central ballot
2counting location before the polls close. However, if the
3home, hospital, or facility from which the application was
4made is also used as a regular precinct polling place for that
5voter, voting procedures heretofore prescribed may be
6implemented by 2 of the election judges of opposite party
7affiliation assigned to that polling place during the hours of
8voting on the day of the election. Judges of election shall be
9compensated not less than $25.00 for conducting vote by mail
10voting in such homes, hospitals, or facilities.
11    Not less than 120 days before each regular election, the
12Department of Public Health shall certify to the State Board
13of Elections a list of the facilities licensed or certified
14pursuant to the Nursing Home Care Act, the Specialized Mental
15Health Rehabilitation Act of 2013, the ID/DD Community Care
16Act, or the MC/DD Act. The lists shall indicate the approved
17bed capacity and the name of the chief administrative officer
18of each such home, hospital, or facility, and the State Board
19of Elections shall certify the same to the appropriate
20election authority within 20 days thereafter.
21(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15;
2299-180, eff. 7-29-15.)
 
23    (10 ILCS 5/19A-21)
24    Sec. 19A-21. Use of local public buildings for early
25voting polling places. Upon request by an election authority,

 

 

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1a unit of local government (as defined in Section 1 of Article
2VII of the Illinois Constitution, which does not include
3school districts) shall make the unit's public buildings
4within the election authority's jurisdiction available as
5permanent or temporary early voting polling places without
6charge. Availability of a building shall include reasonably
7necessary time before and after the period early voting is
8conducted at that building. However, if upon receiving the
9election authority's request, a park district organized under
10the Park District Code demonstrates to the election authority
11that the use of a specific room as an early voting polling
12place would interfere with scheduled programming, the election
13authority and the park district shall work cooperatively to
14find an alternative room at the same location to serve as an
15early voting polling place. If the park district and the
16election authority are unable to identify a mutually agreeable
17alternative location at the park district, the park district
18and election authority shall prepare documentation explaining
19the difficulties for their respective entities to the Board of
20County Commissioners who shall determine which room shall be
21used as an early voting polling place as soon as practicable to
22avoid delays in determining an early voting polling place.
23    A unit of local government making its public building
24available as a permanent or temporary early voting polling
25place shall ensure that any portion of the building made
26available is accessible to voters with disabilities and

 

 

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1elderly voters.
2(Source: P.A. 99-143, eff. 7-27-15.)
 
3    (10 ILCS 5/25-3)  (from Ch. 46, par. 25-3)
4    Sec. 25-3. (a) Whenever it is alleged that a vacancy in any
5office exists, the officer, body, or county board who has
6authority to fill the vacancy by appointment, or to order an
7election to fill such vacancy, shall have power to determine
8whether or not the facts occasioning such vacancy exist.
9    (b) On or before the 141st 100th day previous to the day of
10election for which judicial candidates are to be nominated:
11        (1) The Chief Justice of the Supreme Court shall
12    certify to the State Board of Elections the names of all
13    judges who have died, resigned, retired or forfeited their
14    office since the last general election and whose vacancies
15    will be filled at the next general election.
16        (2) The secretary of the Illinois Courts Commission
17    shall certify to the State Board of Elections the names of
18    judges who have been removed from office and whose
19    vacancies will be filled at the next general election.
20        (3) The Secretary of State shall certify to the State
21    Board of Elections the names of judges who were eligible
22    to stand for retention at the next general election, but
23    failed to file a declaration of candidacy to succeed
24    themselves in office or, having timely filed such a
25    declaration, withdrew it.

 

 

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1        (4) The State Board of Elections shall determine
2    whether the General Assembly has created new judgeships
3    which are to be filled at the next general election.
4    If one of the events described in subsection (a) of
5Section 2A-9 of this Code occurs between the 141st 100th day
6and the 134th 92nd day previous to the day of election for
7which judicial candidates are to be nominated, the appropriate
8aforementioned officer shall promptly certify the vacancy to
9the State Board of Elections.
10    (c) Except with regard to new judgeships which have been
11created by the General Assembly, the State Board of Elections
12may rely upon the certifications from the Supreme Court, the
13Illinois Courts Commission and the Secretary of State to
14determine (1) when vacancies in judicial office exist and (2)
15the judicial positions for which elections are to be held.
16(Source: P.A. 86-1348.)
 
17    (10 ILCS 5/28-8)  (from Ch. 46, par. 28-8)
18    Sec. 28-8. If a referendum held in accordance with Section
1928-7 of this Act involved the question of whether a unit of
20local government shall become a home rule unit or shall
21continue cease to be a home rule unit and if that referendum
22passed, then the clerk of that unit of local government shall,
23within 45 days after the referendum, file with the Secretary
24of State a certified statement showing the results of the
25referendum and the resulting status of the unit of local

 

 

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1government as a home rule unit or a non-home rule unit. The
2Secretary of State shall maintain such certified statements in
3his office as a public record.
4    The question of whether a unit of local government shall
5become a home rule unit shall be submitted in substantially
6the following form:
7    Shall (name of the unit of local government) become a home
8rule unit?
9    Votes must be recorded as "yes" or "no".
10    The question of whether a unit of local government shall
11continue cease to be a home rule unit shall be submitted in
12substantially the following form:
13    Shall (name of the unit of local government) continue
14cease to be a home rule unit?
15    Votes must be recorded as "yes" or "no".
16(Source: P.A. 98-115, eff. 7-29-13.)
 
17    (10 ILCS 5/29B-10)  (from Ch. 46, par. 29B-10; formerly Ch.
18      46, par. 1103)
19    Sec. 29B-10. Code of Fair Campaign Practices. At the time
20a political committee, as defined in Article 9, files its
21statements of organization, the State Board of Elections, in
22the case of a state political committee or a political
23committee acting as both a state political committee and a
24local political committee, or the county clerk, in the case of
25a local political committee, shall give the political

 

 

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1committee a blank form of the Code of Fair Campaign Practices
2and a copy of the provisions of this Article. The State Board
3of Elections or county clerk shall inform each political
4committee that subscription to the Code is voluntary. The text
5of the Code shall read as follows:
6
CODE OF FAIR CAMPAIGN PRACTICES
7    There are basic principles of decency, honesty, and fair
8play that every candidate for public office in the State of
9Illinois has a moral obligation to observe and uphold, in
10order that, after vigorously contested but fairly conducted
11campaigns, our citizens may exercise their constitutional
12right to a free and untrammeled choice and the will of the
13people may be fully and clearly expressed on the issues.
14    THEREFORE:
15    (1) I will conduct my campaign openly and publicly, and
16limit attacks on my opponent to legitimate challenges to his
17record.
18    (2) I will not use or permit the use of character
19defamation, whispering campaigns, libel, slander, or
20scurrilous attacks on any candidate or his personal or family
21life.
22    (3) I will not use or permit any appeal to negative
23prejudice based on race, sex, sexual orientation, religion or
24national origin.
25    (4) I will not use campaign material of any sort that
26misrepresents, distorts, or otherwise falsifies the facts, nor

 

 

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1will I use malicious or unfounded accusations that aim at
2creating or exploiting doubts, without justification, as to
3the personal integrity or patriotism of my opposition.
4    (5) I will not undertake or condone any dishonest or
5unethical practice that tends to corrupt or undermine our
6American system of free elections or that hampers or prevents
7the full and free expression of the will of the voters.
8    (6) I will defend and uphold the right of every qualified
9American voter to full and equal participation in the
10electoral process.
11    (7) I will immediately and publicly repudiate methods and
12tactics that may come from others that I have pledged not to
13use or condone. I shall take firm action against any
14subordinate who violates any provision of this Code or the
15laws governing elections.
16    I, the undersigned, candidate for election to public
17office in the State of Illinois or chair of a political
18committee in support of or opposition to a question of public
19policy, hereby voluntarily endorse, subscribe to, and solemnly
20pledge myself to conduct my campaign in accordance with the
21above principles and practices.
 
22   ..............           ...............................
23      Date                            Signature
24(Source: P.A. 100-1027, eff. 1-1-19.)
 

 

 

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1    (10 ILCS 5/29B-15)  (from Ch. 46, par. 29B-15; formerly Ch.
2      46, par. 1104)
3    Sec. 29B-15. Responsibility of State Board of Elections
4for printing and supplying of forms. The State Board of
5Elections shall print, or cause to be printed, copies of the
6Code of Fair Campaign Practices. The State Board of Elections
7shall supply the forms to the county clerks in quantities and
8at times requested by the clerks.
9(Source: P.A. 86-873; 87-1052.)
 
10    (10 ILCS 5/29B-20)  (from Ch. 46, par. 29B-20; formerly Ch.
11      46, par. 1105)
12    Sec. 29B-20. Acceptance of completed forms; retentions for
13public inspection. The State Board of Elections and the county
14clerks shall accept, at all times prior to an election, all
15completed copies of the Code of Fair Campaign Practices that
16are properly subscribed to by a candidate or the chair of a
17political committee in support of or opposition to a question
18of public policy, and shall retain them for public inspection
19until 30 days after the election.
20(Source: P.A. 100-1027, eff. 1-1-19.)
 
21    (10 ILCS 5/9-45 rep.)
22    Section 10-10. The Election Code is amended by repealing
23Section 9-45.
 

 

 

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1    Section 10-15. The Illinois Procurement Code is amended by
2changing Section 50-37 as follows:
 
3    (30 ILCS 500/50-37)
4    Sec. 50-37. Prohibition of political contributions.
5    (a) As used in this Section:
6        The terms "contract", "State contract", and "contract
7    with a State agency" each mean any contract, as defined in
8    this Code, between a business entity and a State agency
9    let or awarded pursuant to this Code. The terms
10    "contract", "State contract", and "contract with a State
11    agency" do not include cost reimbursement contracts;
12    purchase of care agreements as defined in Section 1-15.68
13    of this Code; contracts for projects eligible for full or
14    partial federal-aid funding reimbursements authorized by
15    the Federal Highway Administration; grants, including but
16    are not limited to grants for job training or
17    transportation; and grants, loans, or tax credit
18    agreements for economic development purposes.
19        "Contribution" means a contribution as defined in
20    Section 9-1.4 of the Election Code.
21        "Declared candidate" means a person who has filed a
22    statement of candidacy and petition for nomination or
23    election in the principal office of the State Board of
24    Elections.
25        "State agency" means and includes all boards,

 

 

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1    commissions, agencies, institutions, authorities, and
2    bodies politic and corporate of the State, created by or
3    in accordance with the Illinois Constitution or State
4    statute, of the executive branch of State government and
5    does include colleges, universities, public employee
6    retirement systems, and institutions under the
7    jurisdiction of the governing boards of the University of
8    Illinois, Southern Illinois University, Illinois State
9    University, Eastern Illinois University, Northern Illinois
10    University, Western Illinois University, Chicago State
11    University, Governors State University, Northeastern
12    Illinois University, and the Illinois Board of Higher
13    Education.
14        "Officeholder" means the Governor, Lieutenant
15    Governor, Attorney General, Secretary of State,
16    Comptroller, or Treasurer. The Governor shall be
17    considered the officeholder responsible for awarding all
18    contracts by all officers and employees of, and potential
19    contractors and others doing business with, executive
20    branch State agencies under the jurisdiction of the
21    Executive Ethics Commission and not within the
22    jurisdiction of the Attorney General, the Secretary of
23    State, the Comptroller, or the Treasurer.
24        "Sponsoring entity" means a sponsoring entity as
25    defined in Section 9-3 of the Election Code.
26        "Affiliated person" means (i) any person with any

 

 

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1    ownership interest or distributive share of the bidding or
2    contracting business entity in excess of 7.5%, (ii)
3    executive employees of the bidding or contracting business
4    entity, and (iii) the spouse of any such persons.
5    "Affiliated person" does not include a person prohibited
6    by federal law from making contributions or expenditures
7    in connection with a federal, state, or local election.
8        "Affiliated entity" means (i) any corporate parent and
9    each operating subsidiary of the bidding or contracting
10    business entity, (ii) each operating subsidiary of the
11    corporate parent of the bidding or contracting business
12    entity, (iii) any organization recognized by the United
13    States Internal Revenue Service as a tax-exempt
14    organization described in Section 501(c) of the Internal
15    Revenue Code of 1986 (or any successor provision of
16    federal tax law) established by the bidding or contracting
17    business entity, any affiliated entity of that business
18    entity, or any affiliated person of that business entity,
19    or (iv) any political committee for which the bidding or
20    contracting business entity, or any 501(c) organization
21    described in item (iii) related to that business entity,
22    is the sponsoring entity. "Affiliated entity" does not
23    include an entity prohibited by federal law from making
24    contributions or expenditures in connection with a
25    federal, state, or local election.
26        "Business entity" means any entity doing business for

 

 

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1    profit, whether organized as a corporation, partnership,
2    sole proprietorship, limited liability company or
3    partnership, or otherwise.
4        "Executive employee" means (i) the President,
5    Chairman, or Chief Executive Officer of a business entity
6    and any other individual that fulfills equivalent duties
7    as the President, Chairman of the Board, or Chief
8    Executive Officer of a business entity; and (ii) any
9    employee of a business entity whose compensation is
10    determined directly, in whole or in part, by the award or
11    payment of contracts by a State agency to the entity
12    employing the employee. A regular salary that is paid
13    irrespective of the award or payment of a contract with a
14    State agency shall not constitute "compensation" under
15    item (ii) of this definition. "Executive employee" does
16    not include any person prohibited by federal law from
17    making contributions or expenditures in connection with a
18    federal, state, or local election.
19    (b) Any business entity whose contracts with State
20agencies, in the aggregate, total more than $50,000, and any
21affiliated entities or affiliated persons of such business
22entity, are prohibited from making any contributions to any
23political committees established to promote the candidacy of
24(i) the officeholder responsible for awarding the contracts or
25(ii) any other declared candidate for that office. This
26prohibition shall be effective for the duration of the term of

 

 

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1office of the incumbent officeholder awarding the contracts or
2for a period of 2 years following the expiration or
3termination of the contracts, whichever is longer.
4    (c) Any business entity whose aggregate pending bids and
5offers on State contracts total more than $50,000, or whose
6aggregate pending bids and offers on State contracts combined
7with the business entity's aggregate total value of State
8contracts exceed $50,000, and any affiliated entities or
9affiliated persons of such business entity, are prohibited
10from making any contributions to any political committee
11established to promote the candidacy of the officeholder
12responsible for awarding the contract on which the business
13entity has submitted a bid or offer during the period
14beginning on the date the invitation for bids, request for
15proposals, or any other procurement opportunity is issued and
16ending on the day after the date the contract is awarded.
17    (c-5) For the purposes of the prohibitions under
18subsections (b) and (c) of this Section, (i) any contribution
19made to a political committee established to promote the
20candidacy of the Governor or a declared candidate for the
21office of Governor shall also be considered as having been
22made to a political committee established to promote the
23candidacy of the Lieutenant Governor, in the case of the
24Governor, or the declared candidate for Lieutenant Governor
25having filed a joint petition, or write-in declaration of
26intent, with the declared candidate for Governor, as

 

 

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1applicable, and (ii) any contribution made to a political
2committee established to promote the candidacy of the
3Lieutenant Governor or a declared candidate for the office of
4Lieutenant Governor shall also be considered as having been
5made to a political committee established to promote the
6candidacy of the Governor, in the case of the Lieutenant
7Governor, or the declared candidate for Governor having filed
8a joint petition, or write-in declaration of intent, with the
9declared candidate for Lieutenant Governor, as applicable.
10    (d) All contracts between State agencies and a business
11entity that violate subsection (b) or (c) shall be voidable
12under Section 50-60. If a business entity violates subsection
13(b) 3 or more times within a 36-month period, then all
14contracts between State agencies and that business entity
15shall be void, and that business entity shall not bid or
16respond to any invitation to bid or request for proposals from
17any State agency or otherwise enter into any contract with any
18State agency for 3 years from the date of the last violation. A
19notice of each violation and the penalty imposed shall be
20published in both the Procurement Bulletin and the Illinois
21Register.
22    (e) Any political committee that has received a
23contribution in violation of subsection (b) or (c) shall pay
24an amount equal to the value of the contribution to the State
25no more than 30 calendar days after notice of the violation
26concerning the contribution appears in the Illinois Register.

 

 

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1Payments received by the State pursuant to this subsection
2shall be deposited into the general revenue fund.
3(Source: P.A. 103-570, eff. 1-1-24.)
 
4    Section 10-20. The Township Code is amended by changing
5Sections 45-55 and 70-45 as follows:
 
6    (60 ILCS 1/45-55)
7    Sec. 45-55. Nomination by primary election. In (i)
8counties having a population of more than 3,000,000, the
9township central committee of a political party composed of
10the elected township committeeman and his or her appointed
11precinct committeemen and (ii) townships with a population of
12more than 15,000 in counties with a population of 3,000,000 or
13less, the township central committee of a political party
14composed of the precinct committeemen may, with respect to any
15regular township election, determine that its candidates for
16township offices shall be nominated by primary in accordance
17with the general election law, rather than in the manner
18provided in Sections 45-5 through 45-45. If the township
19central committee makes that determination, it must file a
20statement of the determination with the county clerk no later
21than August 15 November 15 preceding the township election. If
22the township or any part of the township is within the
23jurisdiction of a board of election commissioners, the
24township central committee shall promptly notify the board of

 

 

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1election commissioners of the determination. Upon the filing
2of the determination by the township central committee of a
3political party, the provisions of the general election law
4shall govern the nomination of candidates of that political
5party for township offices for the election with respect to
6which the determination was made.
7(Source: P.A. 82-783; 88-62.)
 
8    (60 ILCS 1/70-45)
9    Sec. 70-45. Supervisors in Cook County. The supervisors of
10townships in Cook County shall perform the same duties as
11supervisors of townships in other counties under township
12organization, except that they shall not be members of the
13county board or exercise any of the powers of county board
14members. They shall have the same compensation for their
15services prescribed by law for similar services rendered by
16other township supervisors.
17    Township supervisors may serve as members of the Cook
18County Townships Public Aid Committee. The supervisors shall
19not receive additional compensation for duties associated with
20the Cook County Townships Public Aid Committee but shall be
21reimbursed for actual and necessary expenses related to
22service on the Committee.
23    The compensation for a supervisor of a township in Cook
24County may not be increased during the term of office for which
25the supervisor is elected or appointed. An ordinance

 

 

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1establishing compensation, including an increase or decrease
2in a supervisor's compensation, shall apply uniformly to the
3supervisors whose terms start after enactment of the
4compensation ordinance. A township is prohibited from
5decreasing the salary for a person elected as supervisor of a
6township while maintaining the salary of an incumbent. An
7ordinance that violates this paragraph is null and void.
8(Source: P.A. 90-210, eff. 7-25-97.)
 
9    Section 10-25. The Downstate Forest Preserve District Act
10is amended by changing Sections 3c and 3c-1 and by adding
11Section 3c-2 as follows:
 
12    (70 ILCS 805/3c)
13    Sec. 3c. Elected board of commissioners in certain
14counties. If the boundaries of a district are co-extensive
15with the boundaries of a county having a population of more
16than 800,000 but less than 3,000,000, all commissioners of the
17forest preserve district shall be elected from the number of
18districts as determined by the forest preserve district board
19of commissioners. Such a forest preserve district is a
20separate and distinct legal entity, and its board members are
21elected separate and apart from the elected county
22commissioners. Upon its formation, or as a result of decennial
23reapportionment, such a forest preserve district shall adopt a
24district map determining the boundary lines of each district.

 

 

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1That map shall be adjusted and reapportioned subject to the
2same decennial reapportionment process stated in Section 3c-1.
3No more than one commissioner shall be elected from each
4district. At their first meeting after election in 2022 and at
5their first meeting after election next following each
6subsequent decennial reapportionment of the county under
7Section 3c-1, the elected commissioners shall publicly, by
8lot, divide themselves into 2 groups, as equal in size as
9possible. Commissioners from the first group shall serve for
10terms of 2, 4, and 4 years, and commissioners from the second
11group shall serve terms of 4, 4, and 2 years. The president of
12the board of commissioners of the forest preserve district
13shall be elected by the voters of the county, rather than by
14the commissioners. The president shall be a resident of the
15county and shall be elected throughout the county for a 4-year
16term without having been first elected as commissioner of the
17forest preserve district. Each commissioner shall be a
18resident of the forest preserve board district from which he
19or she was elected not later than the date of the commencement
20of the term of office. The term of office for the president and
21commissioners elected under this Section shall commence on the
22first Monday of the month following the month of election.
23Neither a commissioner nor the president of the board of
24commissioners of that forest preserve district shall serve
25simultaneously as member or chairman of the county board. No
26person shall seek election to both the forest preserve

 

 

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1commission and the county board at the same election, nor
2shall they be eligible to hold both offices at the same time.
3The president, with the advice and consent of the board of
4commissioners shall appoint a secretary, treasurer, and such
5other officers as deemed necessary by the board of
6commissioners, which officers need not be members of the board
7of commissioners. The president shall have the powers and
8duties as specified in Section 12 of this Act.
9    Candidates for president and commissioner shall be
10candidates of established political parties.
11    If a vacancy in the office of president or commissioner
12occurs, other than by expiration of the president's or
13commissioner's term, the forest preserve district board of
14commissioners shall declare that a vacancy exists and
15notification of the vacancy shall be given to the county
16central committee of each established political party within 3
17business days after the occurrence of the vacancy. If the
18vacancy occurs in the office of forest preserve district
19commissioner, the president of the board of commissioners
20shall, within 60 days after the date of the vacancy, with the
21advice and consent of other commissioners then serving,
22appoint a person to serve for the remainder of the unexpired
23term. The appointee shall be affiliated with the same
24political party as the commissioner in whose office the
25vacancy occurred and be a resident of such district. If a
26vacancy in the office of president occurs, other than by

 

 

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1expiration of the president's term, the remaining members of
2the board of commissioners shall, within 60 days after the
3vacancy, appoint one of the commissioners to serve as
4president for the remainder of the unexpired term. In that
5case, the office of the commissioner who is appointed to serve
6as president shall be deemed vacant and shall be filled within
760 days by appointment of the president with the advice and
8consent of the other forest preserve district commissioners.
9The commissioner who is appointed to fill a vacancy in the
10office of president shall be affiliated with the same
11political party as the person who occupied the office of
12president prior to the vacancy. A person appointed to fill a
13vacancy in the office of president or commissioner shall
14establish his or her party affiliation by his or her record of
15voting in primary elections or by holding or having held an
16office in an established political party organization before
17the appointment. If the appointee has not voted in a party
18primary election or is not holding or has not held an office in
19an established political party organization before the
20appointment, the appointee shall establish his or her
21political party affiliation by his or her record of
22participating in an established political party's nomination
23or election caucus. If, however, more than 28 months remain in
24the unexpired term of a commissioner or the president, the
25appointment shall be until the next general election, at which
26time the vacated office of commissioner or president shall be

 

 

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1filled by election for the remainder of the term.
2Notwithstanding any law to the contrary, if a vacancy occurs
3after the last day provided in Section 7-12 of the Election
4Code for filing nomination papers for the office of president
5of a forest preserve district where that office is elected as
6provided for in this Section, or as set forth in Section 7-61
7of the Election Code, a vacancy in nomination shall be filled
8by the passage of a resolution by the nominating committee of
9the affected political party within the time periods specified
10in the Election Code. The nominating committee shall consist
11of the chairman of the county central committee and the
12township chairmen of the affected political party. All other
13vacancies in nomination shall be filled in accordance with the
14provisions of the Election Code.
15    The president and commissioners elected under this Section
16may be reimbursed for their reasonable expenses actually
17incurred in performing their official duties under this Act in
18accordance with the provisions of Section 3a. The
19reimbursement paid under this Section shall be paid by the
20forest preserve district.
21    Compensation for the president and the forest preserve
22commissioners elected under this Section shall be established
23by the board of commissioners of the forest preserve district.
24    This Section does not apply to a forest preserve district
25created under Section 18.5 of the Conservation District Act.
26(Source: P.A. 102-668, eff. 11-15-21.)
 

 

 

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1    (70 ILCS 805/3c-1)
2    Sec. 3c-1. Reapportionment plan for forest preserve
3districts under Section 3c.
4    (a) Beginning in 2021, the The Downstate Forest Preserve
5District board of commissioners shall develop an apportionment
6plan and specify the number of districts. Each district shall
7have one commissioner. Each such district:
8        (1) shall be substantially equal in population to each
9    other district; and
10        (2) shall be comprised of contiguous territory, as
11    nearly compact as practicable; and
12        (3) shall be created in such a manner so that no
13    precinct shall be divided between 2 or more districts,
14    insofar as is practicable.
15    (b) The president of the board of commissioners of a
16Downstate Forest Preserve District may develop a reappointment
17plan and that plan, as presented or as amended, shall be
18presented to the board by the third Wednesday in May in the
19year after a federal decennial census year for approval in
20accordance with the provisions of subsection (a) of this
21Section. If the president presents a plan to the board by the
22third Wednesday in May, the board shall conduct at least one
23public hearing to receive comments and to discuss the
24apportionment plan. That hearing shall be held at least 6 days
25but not more than 21 days before the board may consider

 

 

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1adopting the plan, and the public shall be given notice by
2publication in a newspaper of general circulation in the
3district of the hearing at least 6 days in advance of the
4hearing. The president of the board of commissioners shall
5have access to the federal decennial census available to the
6board.
7    (c) For the reapportionment in calendar year 2021, the
8president of the board of commissioners may develop and
9present (or redevelop and represent) to the board by the third
10Wednesday in November of 2021 an apportionment plan. If a plan
11is presented, the board shall conduct at least one hearing on
12the proposed plan before it may be adopted. That hearing shall
13be held at least 6 days but not more than 21 days before the
14board may consider adopting the plan, and the public shall be
15given notice by publication in a newspaper of general
16circulation in the district of the hearing at least 6 days in
17advance of the hearing.
18    (d) After each decennial census, the Downstate Forest
19Preserve District board is not obligated to reapportion the
20districts if existing districts are within a 10% population
21deviation from each other based on the results of the
22decennial census.
23    (e) As used in this Section, "Downstate Forest Preserve
24District" means a district described in Section 3c.
25(Source: P.A. 102-668, eff. 11-15-21.)
 

 

 

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1    (70 ILCS 805/3c-2 new)
2    Sec. 3c-2. Continuous effect of provisions; validation.
3The General Assembly declares that the changes made to
4Sections 3c and 3c-1 by this amendatory Act of the 103rd
5General Assembly shall be deemed to have been in continuous
6effect since November 15, 2021 (the effective date of Public
7Act 102-688) and shall continue to be in effect until they are
8lawfully repealed. All actions that were taken on or after
92021 and before the effective date of this amendatory Act of
10the 103rd General Assembly by a downstate forest preserve
11district or any other person and that are consistent with or in
12reliance on the changes made to Sections 3c and 3c-1 by this
13amendatory Act of the 103rd General Assembly are hereby
14validated.
 
15    Section 10-27. The Fox Waterway Agency Act is amended by
16changing Section 5 as follows:
 
17    (615 ILCS 90/5)  (from Ch. 19, par. 1205)
18    Sec. 5. The Agency shall be governed by a Board of
19Directors, which shall consist of 6 directors and one chairman
20elected pursuant to this Section.
21    Three directors shall be elected from within the territory
22of each member county. Any resident of a member county and the
23territory of the Agency, at least 18 years of age, may become a
24candidate for election as a director by filing a nominating

 

 

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1petition with the State Board of Elections containing the
2verified signatures of at least 200 of the registered voters
3of such county who reside within the territory of the Agency.
4Such petition shall be filed not more than 141 113 nor less
5than 134 106 days prior to the date of election.
6    The chairman shall be elected at large from the territory
7of the Agency. Any person eligible to become a candidate for
8election as director may become a candidate for election as
9chairman by filing a nominating petition with the State Board
10of Elections containing the verified signatures of at least
11200 of the registered voters of each member county who reside
12within the territory of the Agency. Such petition shall be
13filed not more than 141 113 nor less than 134 106 days prior to
14the date of the election.
15    Within 7 days after each consolidated election at which
16the chairman is elected, the county clerk of each member
17county shall transmit the returns for the election to the
18office of chairman to the State Board of Elections. The State
19Board of Elections shall immediately canvass the returns and
20proclaim the results thereof and shall issue a certificate of
21election to the person so elected.
22    Beginning in 1985, the directors and chairman shall be
23elected at the consolidated election and shall serve from the
24third Monday in May following their respective elections until
25their respective successors are elected and qualified. The
26term of office of a director shall be for 4 years, except that

 

 

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1of the directors elected at the consolidated election of 1985,
23 shall serve until the first Monday in May 1987 and 3 shall
3serve until the first Monday in May 1989. The term of office of
4a chairman shall be 4 years.
5    At least 90 days before the consolidated election of 1985
6the State Board of Elections shall meet to determine by lot
7which 3 director positions shall be elected for terms to
8expire on the first Monday in May 1987 and which 3 director
9positions shall be elected for terms to expire on the first
10Monday in May 1989. At least one director position from each
11member county shall be elected for a term to expire on the
12first Monday in May 1987.
13    The county clerks of the member counties shall provide
14notice of each election for chairman and director in the
15manner prescribed in Article 12 of The Election Code, with the
16notice of the elections to be held at the consolidated
17election of 1985 to include a statement as to whether the
18director is to be elected for a term of 2 years or for a term
19of 4 years.
20    A chairman shall be elected at the consolidated election
21of 1985 and at each consolidated election every 4 years
22thereafter. Six directors shall be elected at the consolidated
23election of 1985. At the consolidated election of 1987, and at
24each consolidated election every 4 years thereafter, directors
25shall be elected from the constituencies of the directors who
26were elected at the consolidated election of 1985 and whose

 

 

HB4488 Enrolled- 101 -LRB103 34630 SPS 64471 b

1terms expired on the first Monday in May 1987. At the
2consolidated election of 1989, and at each consolidated
3election every 4 years thereafter, directors shall be elected
4from the constituencies of the directors who were elected at
5the consolidated election of 1985 and whose terms expired on
6the first Monday in May 1989.
7    Vacancies in the office of director or chairman shall be
8filled by the remaining members of the Board, who shall
9appoint to fill the vacated office for the remainder of the
10term of such office an individual who would be eligible for
11election to such office. If, however, a vacancy occurs in the
12office of chairman or director with at least 28 months
13remaining in the term of such office, the office shall be
14filled for the remainder of the term at the next consolidated
15election. Until the office is filled by election, the
16remaining members of the Board shall appoint a qualified
17person to the office in the manner provided in this Section.
18(Source: P.A. 98-115, eff. 7-29-13.)
 
19
ARTICLE 99

 
20    Section 99-99. Effective date. This Act takes effect upon
21becoming law.