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093_SB0082ham001
LRB093 04300 BDD 20242 a
1 AMENDMENT TO SENATE BILL 82
2 AMENDMENT NO. . Amend Senate Bill 82 by replacing
3 the title with the following:
4 "AN ACT concerning elections."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 5. The Election Code is amended by changing
8 Sections 1A-8, 4-8, 5-7, 6-35, 7-9, 9-1.7, 9-1.8, 9-1.9,
9 9-1.14, 9-10, 13-4, 14-1, 18A-5, 19-4, 20-4, 22-1, 22-7,
10 22-8, and 22-17 and by adding Sections 4-100, 5-100, 6-100,
11 7-100, 17-100, and 18-100 as follows:
12 (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
13 Sec. 1A-8. The State Board of Elections shall exercise
14 the following powers and perform the following duties in
15 addition to any powers or duties otherwise provided for by
16 law:
17 (1) Assume all duties and responsibilities of the
18 State Electoral Board and the Secretary of State as
19 heretofore provided in this Act;
20 (2) Disseminate information to and consult with
21 election authorities concerning the conduct of elections
-2- LRB093 04300 BDD 20242 a
1 and registration in accordance with the laws of this
2 State and the laws of the United States;
3 (3) Furnish to each election authority prior to
4 each primary and general election and any other election
5 it deems necessary, a manual of uniform instructions
6 consistent with the provisions of this Act which shall be
7 used by election authorities in the preparation of the
8 official manual of instruction to be used by the judges
9 of election in any such election. In preparing such
10 manual, the State Board shall consult with
11 representatives of the election authorities throughout
12 the State. The State Board may provide separate portions
13 of the uniform instructions applicable to different
14 election jurisdictions which administer elections under
15 different options provided by law. The State Board may by
16 regulation require particular portions of the uniform
17 instructions to be included in any official manual of
18 instructions published by election authorities. Any
19 manual of instructions published by any election
20 authority shall be identical with the manual of uniform
21 instructions issued by the Board, but may be adapted by
22 the election authority to accommodate special or unusual
23 local election problems, provided that all manuals
24 published by election authorities must be consistent with
25 the provisions of this Act in all respects and must
26 receive the approval of the State Board of Elections
27 prior to publication; provided further that if the State
28 Board does not approve or disapprove of a proposed manual
29 within 60 days of its submission, the manual shall be
30 deemed approved.
31 (4) Prescribe and require the use of such uniform
32 forms, notices, and other supplies not inconsistent with
33 the provisions of this Act as it shall deem advisable
34 which shall be used by election authorities in the
-3- LRB093 04300 BDD 20242 a
1 conduct of elections and registrations;
2 (5) Prepare and certify the form of ballot for any
3 proposed amendment to the Constitution of the State of
4 Illinois, or any referendum to be submitted to the
5 electors throughout the State or, when required to do so
6 by law, to the voters of any area or unit of local
7 government of the State;
8 (6) Require such statistical reports regarding the
9 conduct of elections and registration from election
10 authorities as may be deemed necessary;
11 (7) Review and inspect procedures and records
12 relating to conduct of elections and registration as may
13 be deemed necessary, and to report violations of election
14 laws to the appropriate State's Attorney;
15 (8) Recommend to the General Assembly legislation
16 to improve the administration of elections and
17 registration;
18 (9) Adopt, amend or rescind rules and regulations
19 in the performance of its duties provided that all such
20 rules and regulations must be consistent with the
21 provisions of this Article 1A or issued pursuant to
22 authority otherwise provided by law;
23 (10) Determine the validity and sufficiency of
24 petitions filed under Article XIV, Section 3, of the
25 Constitution of the State of Illinois of 1970;
26 (11) Maintain in its principal office a research
27 library that includes, but is not limited to, abstracts
28 of votes by precinct for general primary elections and
29 general elections, current precinct maps and current
30 precinct poll lists from all election jurisdictions
31 within the State. The research library shall be open to
32 the public during regular business hours. Such
33 abstracts, maps and lists shall be preserved as permanent
34 records and shall be available for examination and
-4- LRB093 04300 BDD 20242 a
1 copying at a reasonable cost;
2 (12) Supervise the administration of the
3 registration and election laws throughout the State;
4 (13) Obtain from the Department of Central
5 Management Services, under Section 405-250 of the
6 Department of Central Management Services Law (20 ILCS
7 405/405-250), such use of electronic data processing
8 equipment as may be required to perform the duties of the
9 State Board of Elections and to provide election-related
10 information to candidates, public and party officials,
11 interested civic organizations and the general public in
12 a timely and efficient manner; and
13 (14) To take such action as may be necessary or
14 required to give effect to directions of the State
15 central committee of an established political party under
16 Sections 7-8, 7-11 and 7-14.1 or such other provisions as
17 may be applicable pertaining to the selection of
18 delegates and alternate delegates to an established
19 political party's national nominating conventions; and.
20 (15) Notwithstanding any candidate certification
21 schedule contained in this Code, to take such action as
22 may be necessary or required, including certification, to
23 give effect to the certification by the national
24 committee of an established political party of the
25 candidates for President and Vice President selected at
26 that party's 2004 national nominating convention,
27 provided that those certifications are received by the
28 State Board of Elections by September 15, 2004.
29 The Board may by regulation delegate any of its duties or
30 functions under this Article, except that final
31 determinations and orders under this Article shall be issued
32 only by the Board.
33 The requirement for reporting to the General Assembly
34 shall be satisfied by filing copies of the report with the
-5- LRB093 04300 BDD 20242 a
1 Speaker, the Minority Leader and the Clerk of the House of
2 Representatives and the President, the Minority Leader and
3 the Secretary of the Senate and the Legislative Research
4 Unit, as required by Section 3.1 of "An Act to revise the law
5 in relation to the General Assembly", approved February 25,
6 1874, as amended, and filing such additional copies with the
7 State Government Report Distribution Center for the General
8 Assembly as is required under paragraph (t) of Section 7 of
9 the State Library Act.
10 (Source: P.A. 91-239, eff. 1-1-00.)
11 (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
12 Sec. 4-8. The county clerk shall provide a sufficient
13 number of blank forms for the registration of electors, which
14 shall be known as registration record cards and which shall
15 consist of loose leaf sheets or cards, of suitable size to
16 contain in plain writing and figures the data hereinafter
17 required thereon or shall consist of computer cards of
18 suitable nature to contain the data required thereon. The
19 registration record cards, which shall include an affidavit
20 of registration as hereinafter provided, shall be executed in
21 duplicate.
22 The registration record card shall not state that a
23 person who registers for the first time other than in person
24 must vote for the first time in person; registration record
25 cards that so state may be used if that statement is blacked
26 out or otherwise obliterated.
27 The registration record card shall contain the following
28 and such other information as the county clerk may think it
29 proper to require for the identification of the applicant for
30 registration:
31 Name. The name of the applicant, giving surname and
32 first or Christian name in full, and the middle name or the
33 initial for such middle name, if any.
-6- LRB093 04300 BDD 20242 a
1 Sex.
2 Residence. The name and number of the street, avenue, or
3 other location of the dwelling, including the apartment, unit
4 or room number, if any, and in the case of a mobile home the
5 lot number, and such additional clear and definite
6 description as may be necessary to determine the exact
7 location of the dwelling of the applicant. Where the location
8 cannot be determined by street and number, then the section,
9 congressional township and range number may be used, or such
10 other description as may be necessary, including post-office
11 mailing address. In the case of a homeless individual, the
12 individual's voting residence that is his or her mailing
13 address shall be included on his or her registration record
14 card.
15 Term of residence in the State of Illinois and precinct.
16 This information shall be furnished by the applicant stating
17 the place or places where he resided and the dates during
18 which he resided in such place or places during the year next
19 preceding the date of the next ensuing election.
20 Nativity. The state or country in which the applicant
21 was born.
22 Citizenship. Whether the applicant is native born or
23 naturalized. If naturalized, the court, place, and date of
24 naturalization.
25 Date of application for registration, i.e., the day,
26 month and year when applicant presented himself for
27 registration.
28 Age. Date of birth, by month, day and year.
29 Physical disability of the applicant, if any, at the time
30 of registration, which would require assistance in voting.
31 The county and state in which the applicant was last
32 registered.
33 Signature of voter. The applicant, after the
34 registration and in the presence of a deputy registrar or
-7- LRB093 04300 BDD 20242 a
1 other officer of registration shall be required to sign his
2 or her name in ink to the affidavit on both the original and
3 duplicate registration record cards.
4 Signature of deputy registrar or officer of registration.
5 In case applicant is unable to sign his name, he may
6 affix his mark to the affidavit. In such case the officer
7 empowered to give the registration oath shall write a
8 detailed description of the applicant in the space provided
9 on the back or at the bottom of the card or sheet; and shall
10 ask the following questions and record the answers thereto:
11 Father's first name.
12 Mother's first name.
13 From what address did the applicant last register?
14 Reason for inability to sign name.
15 Each applicant for registration shall make an affidavit
16 in substantially the following form:
17 AFFIDAVIT OF REGISTRATION
18 STATE OF ILLINOIS
19 COUNTY OF .......
20 I hereby swear (or affirm) that I am a citizen of the
21 United States; that on the date of the next election I shall
22 have resided in the State of Illinois and in the election
23 precinct in which I reside 30 days and that I intend that
24 this location shall be my residence; that I am fully
25 qualified to vote, and that the above statements are true.
26 ..............................
27 (His or her signature or mark)
28 Subscribed and sworn to before me on (insert date).
29 ..................................
30 Signature of registration officer.
31 (To be signed in presence of registrant.)
32 Space shall be provided upon the face of each
33 registration record card for the notation of the voting
34 record of the person registered thereon.
-8- LRB093 04300 BDD 20242 a
1 Each registration record card shall be numbered according
2 to precincts, and may be serially or otherwise marked for
3 identification in such manner as the county clerk may
4 determine.
5 The registration cards shall be deemed public records and
6 shall be open to inspection during regular business hours,
7 except during the 27 days immediately preceding any election.
8 On written request of any candidate or objector or any person
9 intending to object to a petition, the election authority
10 shall extend its hours for inspection of registration cards
11 and other records of the election authority during the period
12 beginning with the filing of petitions under Sections 7-10,
13 8-8, 10-6 or 28-3 and continuing through the termination of
14 electoral board hearings on any objections to petitions
15 containing signatures of registered voters in the
16 jurisdiction of the election authority. The extension shall
17 be for a period of hours sufficient to allow adequate
18 opportunity for examination of the records but the election
19 authority is not required to extend its hours beyond the
20 period beginning at its normal opening for business and
21 ending at midnight. If the business hours are so extended,
22 the election authority shall post a public notice of such
23 extended hours. Registration record cards may also be
24 inspected, upon approval of the officer in charge of the
25 cards, during the 27 days immediately preceding any election.
26 Registration record cards shall also be open to inspection by
27 certified judges and poll watchers and challengers at the
28 polling place on election day, but only to the extent
29 necessary to determine the question of the right of a person
30 to vote or to serve as a judge of election. At no time shall
31 poll watchers or challengers be allowed to physically handle
32 the registration record cards.
33 Updated copies of computer tapes or computer discs or
34 other electronic data processing information containing voter
-9- LRB093 04300 BDD 20242 a
1 registration information shall be furnished by the county
2 clerk within 10 days after December 15 and May 15 each year
3 and within 10 days after each registration period is closed
4 to the State Board of Elections in a form prescribed by the
5 Board. For the purposes of this Section, a registration
6 period is closed 27 days before the date of any regular or
7 special election. Registration information shall include, but
8 not be limited to, the following information: name, sex,
9 residence, telephone number, if any, age, party affiliation,
10 if applicable, precinct, ward, township, county, and
11 representative, legislative and congressional districts. In
12 the event of noncompliance, the State Board of Elections is
13 directed to obtain compliance forthwith with this
14 nondiscretionary duty of the election authority by
15 instituting legal proceedings in the circuit court of the
16 county in which the election authority maintains the
17 registration information. The costs of furnishing updated
18 copies of tapes or discs shall be paid at a rate of $.00034
19 per name of registered voters in the election jurisdiction,
20 but not less than $50 per tape or disc and shall be paid from
21 appropriations made to the State Board of Elections for
22 reimbursement to the election authority for such purpose. The
23 Board shall furnish copies of such tapes, discs, other
24 electronic data or compilations thereof to state political
25 committees registered pursuant to the Illinois Campaign
26 Finance Act or the Federal Election Campaign Act at their
27 request and at a reasonable cost. Copies of the tapes, discs
28 or other electronic data shall be furnished by the county
29 clerk to local political committees at their request and at a
30 reasonable cost. To protect the privacy and confidentiality
31 of voter registration information, the disclosure of
32 electronic voter registration records to any person or entity
33 is specifically prohibited (i) other than as provided in
34 Sections 4-33, 5-43, and 6-79, (ii) other than to a State or
-10- LRB093 04300 BDD 20242 a
1 local political committee, and (iii) other than to a
2 governmental entity for a governmental purpose. Nothing in
3 this Section shall be construed to prevent all duly
4 constituted electoral boards or their designees from
5 reviewing electronic voter registration records in the course
6 of their proceedingsis specifically prohibited. Reasonable
7 cost of the tapes, discs, et cetera for this purpose would be
8 the cost of duplication plus 15% for administration. The
9 individual representing a political committee requesting
10 copies of such tapes shall make a sworn affidavit that the
11 information shall be used only for bona fide political
12 purposes, including by or for candidates for office or
13 incumbent office holders. Such tapes, discs or other
14 electronic data shall not be used under any circumstances by
15 any political committee or individuals for purposes of
16 commercial solicitation or other business purposes. If such
17 tapes contain information on county residents related to the
18 operations of county government in addition to registration
19 information, that information shall not be used under any
20 circumstances for commercial solicitation or other business
21 purposes. The prohibition in this Section against using the
22 computer tapes or computer discs or other electronic data
23 processing information containing voter registration
24 information for purposes of commercial solicitation or other
25 business purposes shall be prospective only from the
26 effective date of this amended Act of 1979. Any person who
27 violates this provision shall be guilty of a Class 4 felony.
28 The State Board of Elections shall promulgate, by October
29 1, 1987, such regulations as may be necessary to ensure
30 uniformity throughout the State in electronic data processing
31 of voter registration information. The regulations shall
32 include, but need not be limited to, specifications for
33 uniform medium, communications protocol and file structure to
34 be employed by the election authorities of this State in the
-11- LRB093 04300 BDD 20242 a
1 electronic data processing of voter registration information.
2 Each election authority utilizing electronic data processing
3 of voter registration information shall comply with such
4 regulations on and after May 15, 1988.
5 If the applicant for registration was last registered in
6 another county within this State, he shall also sign a
7 certificate authorizing cancellation of the former
8 registration. The certificate shall be in substantially the
9 following form:
10 To the County Clerk of.... County, Illinois. (or)
11 To the Election Commission of the City of ...., Illinois.
12 This is to certify that I am registered in your (county)
13 (city) and that my residence was ............................
14 Having moved out of your (county) (city), I hereby authorize
15 you to cancel said registration in your office.
16 Dated at ...., Illinois, on (insert date).
17 .................................
18 (Signature of Voter)
19 Attest: ................, County Clerk, .............
20 County, Illinois.
21 The cancellation certificate shall be mailed immediately
22 by the County Clerk to the County Clerk (or election
23 commission as the case may be) where the applicant was
24 formerly registered. Receipt of such certificate shall be
25 full authority for cancellation of any previous registration.
26 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;
27 93-574, eff. 8-21-03.)
28 (10 ILCS 5/4-100 new)
29 Sec. 4-100. First time voting. A person who votes for
30 the first time after his or her registration shall not be
31 required to vote in person, regardless of whether the voter
32 registered in person, by mail, or by other authorized means.
-12- LRB093 04300 BDD 20242 a
1 (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
2 Sec. 5-7. The county clerk shall provide a sufficient
3 number of blank forms for the registration of electors which
4 shall be known as registration record cards and which shall
5 consist of loose leaf sheets or cards, of suitable size to
6 contain in plain writing and figures the data hereinafter
7 required thereon or shall consist of computer cards of
8 suitable nature to contain the data required thereon. The
9 registration record cards, which shall include an affidavit
10 of registration as hereinafter provided, shall be executed in
11 duplicate.
12 The registration record card shall not state that a
13 person who registers for the first time other than in person
14 must vote for the first time in person; registration record
15 cards that so state may be used if that statement is blacked
16 out or otherwise obliterated.
17 The registration record card shall contain the following
18 and such other information as the county clerk may think it
19 proper to require for the identification of the applicant for
20 registration:
21 Name. The name of the applicant, giving surname and
22 first or Christian name in full, and the middle name or the
23 initial for such middle name, if any.
24 Sex.
25 Residence. The name and number of the street, avenue, or
26 other location of the dwelling, including the apartment, unit
27 or room number, if any, and in the case of a mobile home the
28 lot number, and such additional clear and definite
29 description as may be necessary to determine the exact
30 location of the dwelling of the applicant, including
31 post-office mailing address. In the case of a homeless
32 individual, the individual's voting residence that is his or
33 her mailing address shall be included on his or her
34 registration record card.
-13- LRB093 04300 BDD 20242 a
1 Term of residence in the State of Illinois and the
2 precinct. Which questions may be answered by the applicant
3 stating, in excess of 30 days in the State and in excess of
4 30 days in the precinct.
5 Nativity. The State or country in which the applicant
6 was born.
7 Citizenship. Whether the applicant is native born or
8 naturalized. If naturalized, the court, place and date of
9 naturalization.
10 Date of application for registration, i.e., the day,
11 month and year when applicant presented himself for
12 registration.
13 Age. Date of birth, by month, day and year.
14 Physical disability of the applicant, if any, at the time
15 of registration, which would require assistance in voting.
16 The county and state in which the applicant was last
17 registered.
18 Signature of voter. The applicant, after the
19 registration and in the presence of a deputy registrar or
20 other officer of registration shall be required to sign his
21 or her name in ink to the affidavit on the original and
22 duplicate registration record card.
23 Signature of Deputy Registrar.
24 In case applicant is unable to sign his name, he may
25 affix his mark to the affidavit. In such case the officer
26 empowered to give the registration oath shall write a
27 detailed description of the applicant in the space provided
28 at the bottom of the card or sheet; and shall ask the
29 following questions and record the answers thereto:
30 Father's first name .......................
31 Mother's first name .......................
32 From what address did you last register?
33 Reason for inability to sign name.
34 Each applicant for registration shall make an affidavit
-14- LRB093 04300 BDD 20242 a
1 in substantially the following form:
2 AFFIDAVIT OF REGISTRATION
3 State of Illinois)
4 )ss
5 County of )
6 I hereby swear (or affirm) that I am a citizen of the
7 United States; that on the date of the next election I shall
8 have resided in the State of Illinois and in the election
9 precinct in which I reside 30 days; that I am fully qualified
10 to vote. That I intend that this location shall be my
11 residence and that the above statements are true.
12 ..............................
13 (His or her signature or mark)
14 Subscribed and sworn to before me on (insert date).
15 .........................................
16 Signature of Registration Officer.
17 (To be signed in presence of Registrant.)
18 Space shall be provided upon the face of each
19 registration record card for the notation of the voting
20 record of the person registered thereon.
21 Each registration record card shall be numbered according
22 to towns and precincts, wards, cities and villages, as the
23 case may be, and may be serially or otherwise marked for
24 identification in such manner as the county clerk may
25 determine.
26 The registration cards shall be deemed public records and
27 shall be open to inspection during regular business hours,
28 except during the 27 days immediately preceding any election.
29 On written request of any candidate or objector or any person
30 intending to object to a petition, the election authority
31 shall extend its hours for inspection of registration cards
32 and other records of the election authority during the period
33 beginning with the filing of petitions under Sections 7-10,
34 8-8, 10-6 or 28-3 and continuing through the termination of
-15- LRB093 04300 BDD 20242 a
1 electoral board hearings on any objections to petitions
2 containing signatures of registered voters in the
3 jurisdiction of the election authority. The extension shall
4 be for a period of hours sufficient to allow adequate
5 opportunity for examination of the records but the election
6 authority is not required to extend its hours beyond the
7 period beginning at its normal opening for business and
8 ending at midnight. If the business hours are so extended,
9 the election authority shall post a public notice of such
10 extended hours. Registration record cards may also be
11 inspected, upon approval of the officer in charge of the
12 cards, during the 27 days immediately preceding any election.
13 Registration record cards shall also be open to inspection by
14 certified judges and poll watchers and challengers at the
15 polling place on election day, but only to the extent
16 necessary to determine the question of the right of a person
17 to vote or to serve as a judge of election. At no time shall
18 poll watchers or challengers be allowed to physically handle
19 the registration record cards.
20 Updated copies of computer tapes or computer discs or
21 other electronic data processing information containing voter
22 registration information shall be furnished by the county
23 clerk within 10 days after December 15 and May 15 each year
24 and within 10 days after each registration period is closed
25 to the State Board of Elections in a form prescribed by the
26 Board. For the purposes of this Section, a registration
27 period is closed 27 days before the date of any regular or
28 special election. Registration information shall include, but
29 not be limited to, the following information: name, sex,
30 residence, telephone number, if any, age, party affiliation,
31 if applicable, precinct, ward, township, county, and
32 representative, legislative and congressional districts. In
33 the event of noncompliance, the State Board of Elections is
34 directed to obtain compliance forthwith with this
-16- LRB093 04300 BDD 20242 a
1 nondiscretionary duty of the election authority by
2 instituting legal proceedings in the circuit court of the
3 county in which the election authority maintains the
4 registration information. The costs of furnishing updated
5 copies of tapes or discs shall be paid at a rate of $.00034
6 per name of registered voters in the election jurisdiction,
7 but not less than $50 per tape or disc and shall be paid from
8 appropriations made to the State Board of Elections for
9 reimbursement to the election authority for such purpose. The
10 Board shall furnish copies of such tapes, discs, other
11 electronic data or compilations thereof to state political
12 committees registered pursuant to the Illinois Campaign
13 Finance Act or the Federal Election Campaign Act at their
14 request and at a reasonable cost. To protect the privacy and
15 confidentiality of voter registration information, the
16 disclosure of electronic voter registration records to any
17 person or entity is specifically prohibited (i) other than as
18 provided in Sections 4-33, 5-43, and 6-79, (ii) other than to
19 a State or local political committee, and (iii) other than to
20 a governmental entity for a governmental purpose. Nothing in
21 this Section shall be construed to prevent all duly
22 constituted electoral boards or their designees from
23 reviewing electronic voter registration records in the course
24 of their proceedingsis specifically prohibited. Copies of
25 the tapes, discs or other electronic data shall be furnished
26 by the county clerk to local political committees at their
27 request and at a reasonable cost. Reasonable cost of the
28 tapes, discs, et cetera for this purpose would be the cost of
29 duplication plus 15% for administration. The individual
30 representing a political committee requesting copies of such
31 tapes shall make a sworn affidavit that the information shall
32 be used only for bona fide political purposes, including by
33 or for candidates for office or incumbent office holders.
34 Such tapes, discs or other electronic data shall not be used
-17- LRB093 04300 BDD 20242 a
1 under any circumstances by any political committee or
2 individuals for purposes of commercial solicitation or other
3 business purposes. If such tapes contain information on
4 county residents related to the operations of county
5 government in addition to registration information, that
6 information shall not be used under any circumstances for
7 commercial solicitation or other business purposes. The
8 prohibition in this Section against using the computer tapes
9 or computer discs or other electronic data processing
10 information containing voter registration information for
11 purposes of commercial solicitation or other business
12 purposes shall be prospective only from the effective date of
13 this amended Act of 1979. Any person who violates this
14 provision shall be guilty of a Class 4 felony.
15 The State Board of Elections shall promulgate, by October
16 1, 1987, such regulations as may be necessary to ensure
17 uniformity throughout the State in electronic data processing
18 of voter registration information. The regulations shall
19 include, but need not be limited to, specifications for
20 uniform medium, communications protocol and file structure to
21 be employed by the election authorities of this State in the
22 electronic data processing of voter registration information.
23 Each election authority utilizing electronic data processing
24 of voter registration information shall comply with such
25 regulations on and after May 15, 1988.
26 If the applicant for registration was last registered in
27 another county within this State, he shall also sign a
28 certificate authorizing cancellation of the former
29 registration. The certificate shall be in substantially the
30 following form:
31 To the County Clerk of .... County, Illinois. To the Election
32 Commission of the City of ...., Illinois.
33 This is to certify that I am registered in your (county)
34 (city) and that my residence was .....
-18- LRB093 04300 BDD 20242 a
1 Having moved out of your (county) (city), I hereby
2 authorize you to cancel said registration in your office.
3 Dated at .... Illinois, on (insert date).
4 ....................
5 (Signature of Voter)
6 Attest ......, County Clerk, ........ County, Illinois.
7 The cancellation certificate shall be mailed immediately
8 by the county clerk to the county clerk (or election
9 commission as the case may be) where the applicant was
10 formerly registered. Receipt of such certificate shall be
11 full authority for cancellation of any previous registration.
12 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;
13 93-574, eff. 8-21-03.)
14 (10 ILCS 5/5-100 new)
15 Sec. 5-100. First time voting. A person who votes for
16 the first time after his or her registration shall not be
17 required to vote in person, regardless of whether the voter
18 registered in person, by mail, or by other authorized means.
19 (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
20 Sec. 6-35. The Boards of Election Commissioners shall
21 provide a sufficient number of blank forms for the
22 registration of electors which shall be known as registration
23 record cards and which shall consist of loose leaf sheets or
24 cards, of suitable size to contain in plain writing and
25 figures the data hereinafter required thereon or shall
26 consist of computer cards of suitable nature to contain the
27 data required thereon. The registration record cards, which
28 shall include an affidavit of registration as hereinafter
29 provided, shall be executed in duplicate. The duplicate of
30 which may be a carbon copy of the original or a copy of the
31 original made by the use of other method or material used for
32 making simultaneous true copies or duplications.
-19- LRB093 04300 BDD 20242 a
1 The registration record card shall not state that a
2 person who registers for the first time other than in person
3 must vote for the first time in person; registration record
4 cards that so state may be used if that statement is blacked
5 out or otherwise obliterated.
6 The registration record card shall contain the following
7 and such other information as the Board of Election
8 Commissioners may think it proper to require for the
9 identification of the applicant for registration:
10 Name. The name of the applicant, giving surname and
11 first or Christian name in full, and the middle name or the
12 initial for such middle name, if any.
13 Sex.
14 Residence. The name and number of the street, avenue, or
15 other location of the dwelling, including the apartment, unit
16 or room number, if any, and in the case of a mobile home the
17 lot number, and such additional clear and definite
18 description as may be necessary to determine the exact
19 location of the dwelling of the applicant, including
20 post-office mailing address. In the case of a homeless
21 individual, the individual's voting residence that is his or
22 her mailing address shall be included on his or her
23 registration record card.
24 Term of residence in the State of Illinois and the
25 precinct.
26 Nativity. The state or country in which the applicant
27 was born.
28 Citizenship. Whether the applicant is native born or
29 naturalized. If naturalized, the court, place, and date of
30 naturalization.
31 Date of application for registration, i.e., the day,
32 month and year when the applicant presented himself for
33 registration.
34 Age. Date of birth, by month, day and year.
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1 Physical disability of the applicant, if any, at the time
2 of registration, which would require assistance in voting.
3 The county and state in which the applicant was last
4 registered.
5 Signature of voter. The applicant, after registration
6 and in the presence of a deputy registrar or other officer of
7 registration shall be required to sign his or her name in ink
8 to the affidavit on both the original and the duplicate
9 registration record card.
10 Signature of deputy registrar.
11 In case applicant is unable to sign his name, he may
12 affix his mark to the affidavit. In such case the
13 registration officer shall write a detailed description of
14 the applicant in the space provided at the bottom of the card
15 or sheet; and shall ask the following questions and record
16 the answers thereto:
17 Father's first name .........................
18 Mother's first name .........................
19 From what address did you last register? ....
20 Reason for inability to sign name ...........
21 Each applicant for registration shall make an affidavit
22 in substantially the following form:
23 AFFIDAVIT OF REGISTRATION
24 State of Illinois )
25 )ss
26 County of ....... )
27 I hereby swear (or affirm) that I am a citizen of the
28 United States, that on the day of the next election I shall
29 have resided in the State of Illinois and in the election
30 precinct 30 days and that I intend that this location is my
31 residence; that I am fully qualified to vote, and that the
32 above statements are true.
33 ..............................
34 (His or her signature or mark)
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1 Subscribed and sworn to before me on (insert date).
2 ......................................
3 Signature of registration officer
4 (to be signed in presence of registrant).
5 Space shall be provided upon the face of each
6 registration record card for the notation of the voting
7 record of the person registered thereon.
8 Each registration record card shall be numbered according
9 to wards or precincts, as the case may be, and may be
10 serially or otherwise marked for identification in such
11 manner as the Board of Election Commissioners may determine.
12 The registration cards shall be deemed public records and
13 shall be open to inspection during regular business hours,
14 except during the 27 days immediately preceding any election.
15 On written request of any candidate or objector or any person
16 intending to object to a petition, the election authority
17 shall extend its hours for inspection of registration cards
18 and other records of the election authority during the period
19 beginning with the filing of petitions under Sections 7-10,
20 8-8, 10-6 or 28-3 and continuing through the termination of
21 electoral board hearings on any objections to petitions
22 containing signatures of registered voters in the
23 jurisdiction of the election authority. The extension shall
24 be for a period of hours sufficient to allow adequate
25 opportunity for examination of the records but the election
26 authority is not required to extend its hours beyond the
27 period beginning at its normal opening for business and
28 ending at midnight. If the business hours are so extended,
29 the election authority shall post a public notice of such
30 extended hours. Registration record cards may also be
31 inspected, upon approval of the officer in charge of the
32 cards, during the 27 days immediately preceding any election.
33 Registration record cards shall also be open to inspection by
34 certified judges and poll watchers and challengers at the
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1 polling place on election day, but only to the extent
2 necessary to determine the question of the right of a person
3 to vote or to serve as a judge of election. At no time shall
4 poll watchers or challengers be allowed to physically handle
5 the registration record cards.
6 Updated copies of computer tapes or computer discs or
7 other electronic data processing information containing voter
8 registration information shall be furnished by the Board of
9 Election Commissioners within 10 days after December 15 and
10 May 15 each year and within 10 days after each registration
11 period is closed to the State Board of Elections in a form
12 prescribed by the State Board. For the purposes of this
13 Section, a registration period is closed 27 days before the
14 date of any regular or special election. Registration
15 information shall include, but not be limited to, the
16 following information: name, sex, residence, telephone
17 number, if any, age, party affiliation, if applicable,
18 precinct, ward, township, county, and representative,
19 legislative and congressional districts. In the event of
20 noncompliance, the State Board of Elections is directed to
21 obtain compliance forthwith with this nondiscretionary duty
22 of the election authority by instituting legal proceedings in
23 the circuit court of the county in which the election
24 authority maintains the registration information. The costs
25 of furnishing updated copies of tapes or discs shall be paid
26 at a rate of $.00034 per name of registered voters in the
27 election jurisdiction, but not less than $50 per tape or disc
28 and shall be paid from appropriations made to the State Board
29 of Elections for reimbursement to the election authority for
30 such purpose. The State Board shall furnish copies of such
31 tapes, discs, other electronic data or compilations thereof
32 to state political committees registered pursuant to the
33 Illinois Campaign Finance Act or the Federal Election
34 Campaign Act at their request and at a reasonable cost. To
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1 protect the privacy and confidentiality of voter registration
2 information, the disclosure of electronic voter registration
3 records to any person or entity is specifically prohibited
4 (i) other than as provided in Sections 4-33, 5-43, and 6-79,
5 (ii) other than to a State or local political committee, and
6 (iii) other than to a governmental entity for a governmental
7 purpose. Nothing in this Section shall be construed to
8 prevent all duly constituted electoral boards or their
9 designees from reviewing electronic voter registration
10 records in the course of their proceedingsis specifically
11 prohibited. Copies of the tapes, discs or other electronic
12 data shall be furnished by the Board of Election
13 Commissioners to local political committees at their request
14 and at a reasonable cost. Reasonable cost of the tapes,
15 discs, et cetera for this purpose would be the cost of
16 duplication plus 15% for administration. The individual
17 representing a political committee requesting copies of such
18 tapes shall make a sworn affidavit that the information shall
19 be used only for bona fide political purposes, including by
20 or for candidates for office or incumbent office holders.
21 Such tapes, discs or other electronic data shall not be used
22 under any circumstances by any political committee or
23 individuals for purposes of commercial solicitation or other
24 business purposes. If such tapes contain information on
25 county residents related to the operations of county
26 government in addition to registration information, that
27 information shall not be used under any circumstances for
28 commercial solicitation or other business purposes. The
29 prohibition in this Section against using the computer tapes
30 or computer discs or other electronic data processing
31 information containing voter registration information for
32 purposes of commercial solicitation or other business
33 purposes shall be prospective only from the effective date of
34 this amended Act of 1979. Any person who violates this
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1 provision shall be guilty of a Class 4 felony.
2 The State Board of Elections shall promulgate, by October
3 1, 1987, such regulations as may be necessary to ensure
4 uniformity throughout the State in electronic data processing
5 of voter registration information. The regulations shall
6 include, but need not be limited to, specifications for
7 uniform medium, communications protocol and file structure to
8 be employed by the election authorities of this State in the
9 electronic data processing of voter registration information.
10 Each election authority utilizing electronic data processing
11 of voter registration information shall comply with such
12 regulations on and after May 15, 1988.
13 If the applicant for registration was last registered in
14 another county within this State, he shall also sign a
15 certificate authorizing cancellation of the former
16 registration. The certificate shall be in substantially the
17 following form:
18 To the County Clerk of .... County, Illinois.
19 To the Election Commission of the City of ...., Illinois.
20 This is to certify that I am registered in your (county)
21 (city) and that my residence was ..... Having moved out of
22 your (county), (city), I hereby authorize you to cancel that
23 registration in your office.
24 Dated at ...., Illinois, on (insert date).
25 ....................
26 (Signature of Voter)
27 Attest ...., Clerk, Election Commission of the City
28 of...., Illinois.
29 The cancellation certificate shall be mailed immediately
30 by the clerk of the Election Commission to the county clerk,
31 (or Election Commission as the case may be) where the
32 applicant was formerly registered. Receipt of such
33 certificate shall be full authority for cancellation of any
34 previous registration.
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1 (Source: P.A. 92-465, eff. 1-1-02; 92-816, eff. 8-21-02;
2 93-574, eff. 8-21-03.)
3 (10 ILCS 5/6-100 new)
4 Sec. 6-100. First time voting. A person who votes for
5 the first time after his or her registration shall not be
6 required to vote in person, regardless of whether the voter
7 registered in person, by mail, or by other authorized means.
8 (10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
9 Sec. 7-9. County central committee; county and State
10 conventions.
11 (a) On the 28th daysecond Monday next succeeding the
12 primary at which committeemen are elected, the county central
13 committee of each political party shall meet at the county
14 seat of the proper county and proceed to organize by electing
15 from its own number a chairman and either from its own
16 number, or otherwise, such other officers as such committee
17 may deem necessary or expedient. Such meeting of the county
18 central committee shall be known as the county convention.
19 The chairman of each county committee shall within 10
20 days after the organization, forward to the State Board of
21 Elections, the names and post office addresses of the
22 officers, precinct committeemen and representative
23 committeemen elected by his political party.
24 The county convention of each political party shall
25 choose delegates to the State convention of its party; but in
26 any county having within its limits any city having a
27 population of 200,000, or over the delegates from such city
28 shall be chosen by wards, the ward committeemen from the
29 respective wards choosing the number of delegates to which
30 such ward is entitled on the basis prescribed in paragraph
31 (e) of this Section such delegates to be members of the
32 delegation to the State convention from such county. In all
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1 counties containing a population of 2,000,000 or more outside
2 of cities having a population of 200,000 or more, the
3 delegates from each of the townships or parts of townships as
4 the case may be shall be chosen by townships or parts of
5 townships as the case may be, the township committeemen from
6 the respective townships or parts of townships as the case
7 may be choosing the number of delegates to which such
8 townships or parts of townships as the case may be are
9 entitled, on the basis prescribed in paragraph (e) of this
10 Section such delegates to be members of the delegation to the
11 State convention from such county.
12 Each member of the State Central Committee of a political
13 party which elects its members by Alternative B under
14 paragraph (a) of Section 7-8 shall be a delegate to the State
15 Convention, ex officio.
16 Each member of the State Central Committee of a political
17 party which elects its members by Alternative B under
18 paragraph (a) of Section 7-8 may appoint 2 delegates to the
19 State Convention who must be residents of the member's
20 Congressional District.
21 (b) State conventions shall be held within 180 days after
22 the general primary in the year 2000 and every 4 years
23 thereafter. In the year 1998, and every 4 years thereafter,
24 the chairman of a State central committee may issue a call
25 for a State convention within 180 days after the general
26 primary.
27 The State convention of each political party has power to
28 make nominations of candidates of its political party for the
29 electors of President and Vice President of the United
30 States, and to adopt any party platform, and, to the extent
31 determined by the State central committee as provided in
32 Section 7-14, to choose and select delegates and alternate
33 delegates at large to national nominating conventions. The
34 State Central Committee may adopt rules to provide for and
-27- LRB093 04300 BDD 20242 a
1 govern the procedures of the State convention.
2 (c) The chairman and secretary of each State convention
3 shall, within 2 days thereafter, transmit to the State Board
4 of Elections of this State a certificate setting forth the
5 names and addresses of all persons nominated by such State
6 convention for electors of President and Vice President of
7 the United States, and of any persons selected by the State
8 convention for delegates and alternate delegates at large to
9 national nominating conventions; and the names of such
10 candidates so chosen by such State convention for electors of
11 President and Vice President of the United States, shall be
12 caused by the State Board of Elections to be printed upon the
13 official ballot at the general election, in the manner
14 required by law, and shall be certified to the various county
15 clerks of the proper counties in the manner as provided in
16 Section 7-60 of this Article 7 for the certifying of the
17 names of persons nominated by any party for State offices. If
18 and as long as this Act prescribes that the names of such
19 electors be not printed on the ballot, then the names of such
20 electors shall be certified in such manner as may be
21 prescribed by the parts of this Act applicable thereto.
22 (d) Each convention may perform all other functions
23 inherent to such political organization and not inconsistent
24 with this Article.
25 (e) At least 33 days before the date of a State
26 convention, the chairman of the State central committee of
27 each political party shall file in the principal office of
28 the State Board of Elections a call for the State convention.
29 Such call shall state, among other things, the time and place
30 (designating the building or hall) for holding the State
31 convention. Such call shall be signed by the chairman and
32 attested by the secretary of the committee. In such
33 convention each county shall be entitled to one delegate for
34 each 500 ballots voted by the primary electors of the party
-28- LRB093 04300 BDD 20242 a
1 in such county at the primary to be held next after the
2 issuance of such call; and if in such county, less than 500
3 ballots are so voted or if the number of ballots so voted is
4 not exactly a multiple of 500, there shall be one delegate
5 for such group which is less than 500, or for such group
6 representing the number of votes over the multiple of 500,
7 which delegate shall have 1/500 of one vote for each primary
8 vote so represented by him. The call for such convention
9 shall set forth this paragraph (e) of Section 7-9 in full and
10 shall direct that the number of delegates to be chosen be
11 calculated in compliance herewith and that such number of
12 delegates be chosen.
13 (f) All precinct, township and ward committeemen when
14 elected as provided in this Section shall serve as though
15 elected at large irrespective of any changes that may be made
16 in precinct, township or ward boundaries and the voting
17 strength of each committeeman shall remain as provided in
18 this Section for the entire time for which he is elected.
19 (g) The officers elected at any convention provided for
20 in this Section shall serve until their successors are
21 elected as provided in this Act.
22 (h) A special meeting of any central committee may be
23 called by the chairman, or by not less than 25% of the
24 members of such committee, by giving 5 days notice to members
25 of such committee in writing designating the time and place
26 at which such special meeting is to be held and the business
27 which it is proposed to present at such special meeting.
28 (i) Except as otherwise provided in this Act, whenever a
29 vacancy exists in the office of precinct committeeman because
30 no one was elected to that office or because the precinct
31 committeeman ceases to reside in the precinct or for any
32 other reason, the chairman of the county central committee of
33 the appropriate political party may fill the vacancy in such
34 office by appointment of a qualified resident of the county
-29- LRB093 04300 BDD 20242 a
1 and the appointed precinct committeeman shall serve as though
2 elected; however, no such appointment may be made between the
3 general primary election and the 14th day after the general
4 primary election.
5 (j) If the number of Congressional Districts in the
6 State of Illinois is reduced as a result of reapportionment
7 of Congressional Districts following a federal decennial
8 census, the State Central Committeemen and Committeewomen of
9 a political party which elects its State Central Committee by
10 either Alternative A or by Alternative B under paragraph (a)
11 of Section 7-8 who were previously elected shall continue to
12 serve as if no reapportionment had occurred until the
13 expiration of their terms.
14 (Source: P.A. 89-5, eff. 1-1-96; 90-627, eff. 7-10-98.)
15 (10 ILCS 5/7-100 new)
16 Sec. 7-100. Definition of a vote.
17 (a) Notwithstanding any law to the contrary, for the
18 purpose of this Article, a person casts a valid vote on a
19 punch card ballot when:
20 (1) A chad on the card has at least one corner
21 detached from the card;
22 (2) The fibers of paper on at least one edge of the
23 chad are broken in a way that permits unimpeded light to
24 be seen through the card; or
25 (3) An indentation on the chad from the stylus or
26 other object is present and indicates a clearly
27 ascertainable intent of the voter to vote based on the
28 totality of the circumstances, including but not limited
29 to any pattern or frequency of indentations on other
30 ballot positions from the same ballot card.
31 (b) Write-in votes shall be counted in a manner
32 consistent with the existing provisions of this Code.
33 (c) For purposes of this Section, a "chad" is that
-30- LRB093 04300 BDD 20242 a
1 portion of a ballot card that a voter punches or perforates
2 with a stylus or other designated marking device to manifest
3 his or her vote for a particular ballot position on a ballot
4 card as defined in subsection (a). Chads shall be removed
5 from ballot cards prior to their processing and tabulation in
6 election jurisdictions that utilize a ballot card as a means
7 of recording votes at an election. Election jurisdictions
8 that utilize a mechanical means or device for chad removal as
9 a component of their tabulation shall use that means or
10 device for chad removal.
11 (10 ILCS 5/9-1.7) (from Ch. 46, par. 9-1.7)
12 Sec. 9-1.7. "Local political committee" means the
13 candidate himself or any individual, trust, partnership,
14 committee, association, corporation, or other organization or
15 group of persons which:
16 (a) accepts contributions or grants or makes
17 expenditures during any 12-month period in an aggregate
18 amount exceeding $3,000 on behalf of or in opposition to
19 a candidate or candidates for public office who are
20 required by the Illinois Governmental Ethics Act to file
21 statements of economic interests with the county clerk,
22 or on behalf of or in opposition to a candidate or
23 candidates for election to the office of ward or township
24 committeeman in counties of 3,000,000 or more population;
25 (b) accepts contributions or makes expenditures
26 during any 12-month period in an aggregate amount
27 exceeding $3,000 in support of or in opposition to any
28 question of public policy to be submitted to the electors
29 of an area encompassing no more than one county; or
30 (c) accepts contributions or makes expenditures
31 during any 12-month period in an aggregate amount
32 exceeding $3,000 and has as its primary purpose the
33 furtherance of governmental, political or social values,
-31- LRB093 04300 BDD 20242 a
1 is organized on a not-for-profit basis, and which
2 publicly endorses or publicly opposes a candidate or
3 candidates for public office who are required by the
4 Illinois Governmental Ethics Act to file statements of
5 economic interest with the County Clerk or a candidate or
6 candidates for the office of ward or township
7 committeeman in counties of 3,000,000 or more population;
8 or.
9 (d) makes expenditures during any 12-month period
10 in an aggregate amount exceeding $3,000 for
11 electioneering communications relating to any candidate
12 or candidates described in paragraph (a) or any question
13 of public policy described in paragraph (b).
14 (Source: P.A. 90-737, eff. 1-1-99; 91-357, eff. 7-29-99.)
15 (10 ILCS 5/9-1.8) (from Ch. 46, par. 9-1.8)
16 Sec. 9-1.8. "State political committee" means the
17 candidate himself or any individual, trust, partnership,
18 committee, association, corporation, or any other
19 organization or group of persons which--
20 (a) accepts contributions or grants or makes
21 expenditures during any 12-month period in an aggregate
22 amount exceeding $3,000 on behalf of or in opposition to a
23 candidate or candidates for public office who are required by
24 the Illinois Governmental Ethics Act to file statements of
25 economic interests with the Secretary of State,
26 (b) accepts contributions or makes expenditures during
27 any 12-month period in an aggregate amount exceeding $3,000
28 in support of or in opposition to any question of public
29 policy to be submitted to the electors of an area
30 encompassing more than one county, or
31 (c) accepts contributions or makes expenditures during
32 any 12-month period in an aggregate amount exceeding $3,000
33 and has as its primary purpose the furtherance of
-32- LRB093 04300 BDD 20242 a
1 governmental, political or social values, is organized on a
2 not-for-profit basis, and which publicly endorses or publicly
3 opposes a candidate or candidates for public office who are
4 required by the Illinois Governmental Ethics Act to file
5 statements of economic interest with the Secretary of State;
6 or.
7 (d) makes expenditures during any 12-month period in an
8 aggregate amount exceeding $3,000 for electioneering
9 communications relating to any candidate or candidates
10 described in paragraph (a) or any question of public policy
11 described in paragraph (b).
12 (Source: P.A. 90-737, eff. 1-1-99.)
13 (10 ILCS 5/9-1.9) (from Ch. 46, par. 9-1.9)
14 Sec. 9-1.9. "Political committee" includes State central
15 and county central committees of any political party, and
16 also includes local political committees and state political
17 committees, but does not include any candidate who does not
18 accept contributions or make expenditures during any 12-month
19 period in an aggregate amount exceeding $3,000, nor does it
20 include, with the exception of State central and county
21 central committees of any political party, any individual,
22 trust, partnership, committee, association, corporation, or
23 any other organization or group of persons which does not (i)
24 accept contributions or make expenditures during any 12-month
25 period in an aggregate amount exceeding $3,000 on behalf of
26 or in opposition to a candidate or candidates or to any
27 question of public policy or (ii) make expenditures during
28 any 12-month period in an aggregate amount exceeding $3,000
29 for electioneering communications relating to any candidate
30 or candidates described in paragraph (a) of Section 9-1.7 or
31 9-1.8 or any question of public policy described in paragraph
32 (b) of Section 9-1.7 or 9-1.8, and such candidates and
33 persons shall not be required to comply with any filing
-33- LRB093 04300 BDD 20242 a
1 provisions in this Article.
2 (Source: P.A. 90-737, eff. 1-1-99.)
3 (10 ILCS 5/9-1.14)
4 Sec. 9-1.14. Electioneering communication defined.
5 (a) "Electioneering communication" means, for the
6 purposes of this Article, any form of communication, in
7 whatever medium, including, but not limited to, newspaper,
8 radio, television, or Internetand newspaper communications,
9 that refers to a clearly identified candidate, candidates, or
10 political party and is made within (i) 60 days before a
11 general election or a consolidated electionfor the office
12 sought by the candidate or (ii) 30 days before a general
13 primary election for the office sought by the candidate.
14 (b) "Electioneering communication" does not include:
15 (1) A communication other than advertisements
16 appearing in a news story, commentary, or editorial
17 distributed through the facilities of any legitimate news
18 organization, unless the facilities are owned or
19 controlled by any political party, political committee,
20 or candidate.
21 (2) A communication made solely to promote a
22 candidate debate or forum that is made by or on behalf of
23 the person sponsoring the debate or forum.
24 (3) A communication made as part of a non-partisan
25 activity designed to encourage individuals to vote or to
26 register to vote.
27 (4) A communication by an organization operating
28 and remaining in good standing under Section 501(c)(3) of
29 the Internal Revenue Code of 1986.
30 (Source: P.A. 93-574, eff. 8-21-03.)
31 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
32 Sec. 9-10. Financial reports.
-34- LRB093 04300 BDD 20242 a
1 (a) The treasurer of every state political committee and
2 the treasurer of every local political committee shall file
3 with the Board, and the treasurer of every local political
4 committee shall file with the county clerk, reports of
5 campaign contributions, and semi-annual reports of campaign
6 contributions and expenditures on forms to be prescribed or
7 approved by the Board. The treasurer of every political
8 committee that acts as both a state political committee and a
9 local political committee shall file a copy of each report
10 with the State Board of Elections and the county clerk.
11 Entities subject to Section 9-7.5 shall file reports required
12 by that Section at times provided in this Section and are
13 subject to the penalties provided in this Section.
14 (b) Reports of campaign contributions shall be filed no
15 later than the 15th day next preceding each election
16 including a primary election in connection with which the
17 political committee has accepted or is accepting
18 contributions or has made or is making expenditures. Such
19 reports shall be complete as of the 30th day next preceding
20 each election including a primary election. In the final
21 disposition of any matter by the Board on or after the
22 effective date of this amendatory Act of the 93rd General
23 Assembly, the Board may impose fines for violations of this
24 subsection. When considering the amount of the fine to be
25 imposed, the Board shall consider, but is not limited to, the
26 following factors:
27 (1) whether in the Board's opinion the violation
28 was committed inadvertently, negligently, knowingly, or
29 intentionally; and
30 (2) past violations of this Section and Section
31 9-3 by the committee.
32 The Board mayshall assess a civil penalty not to exceed
33 $5,000 for a violation of this subsection, except that for
34 State officers and candidates and political committees formed
-35- LRB093 04300 BDD 20242 a
1 for statewide office, the civil penalty may not exceed
2 $10,000. The fine, however, shall not exceed $500 for a first
3 filing violation for filing less than 10 days after the
4 deadline. There shall be no fine if the report is mailed and
5 postmarked at least 72 hours prior to the filing deadline.
6 For the purpose of this subsection, "statewide office" and
7 "State officer" means the Governor, Lieutenant Governor,
8 Attorney General, Secretary of State, Comptroller, and
9 Treasurer. However, a continuing political committee that
10 neither accepts contributions nor makes expenditures on
11 behalf of or in opposition to any candidate or public
12 question on the ballot at an election shall not be required
13 to file the reports heretofore prescribed but may file in
14 lieu thereof a Statement of Nonparticipation in the Election
15 with the Board or the Board and the county clerk.
16 (b-5) Notwithstanding the provisions of subsection (b)
17 and Section 1.25 of the Statute on Statutes, any contribution
18 of more than $500 or more received in the interim between the
19 last date of the period covered by the last report filed
20 under subsection (b) prior to the election and the date of
21 the election shall be filed with and must actually be
22 received by the State Board of Electionsreported within 2
23 business days after its receipt of such contribution. The
24 State Board shall allow filings of reports of contributions
25 of more than $500 under this subsection (b-5) by political
26 committees that are not required to file electronically to be
27 made by facsimile transmission. For the purpose of this
28 subsection, a contribution is considered received on the date
29 the public official, candidate, or political committee (or
30 equivalent person in the case of a reporting entity other
31 than a political committee) actually receives it or, in the
32 case of goods or services, 2 business days after the date the
33 public official, candidate, committee, or other reporting
34 entity receives the certification required under subsection
-36- LRB093 04300 BDD 20242 a
1 (b) of Section 9-6. Failure to report each contribution is a
2 separate violation of this subsection. In the final
3 disposition of any matter by the Board on or after the
4 effective date of this amendatory Act of the 93rd General
5 Assembly, the Board mayshall impose fines for violations of
6 this subsection not to exceed 100% of the total amount of the
7 contributions that were untimely reported, but in no case
8 when a fine is imposed shall it be less than 10% of the total
9 amount of the contributions that were untimely reported. When
10 considering the amount of the fine to be imposed, the Board
11 shall consider, but is not limited to, the following factors:
12 (1) whether in the Board's opinion the violation
13 was committed inadvertently, negligently, knowingly, or
14 intentionally;
15 (2) the number of days the contribution was
16 reported late; and
17 (3) past violations of Sections 9-3 and 9-10 of
18 this Article by the committee.as follows:
19 (1) if the political committee's or other reporting
20 entity's total receipts, total expenditures, and balance
21 remaining at the end of the last reporting period were
22 each $5,000 or less, then $100 per business day for the
23 first violation, $200 per business day for the second
24 violation, and $300 per business day for the third and
25 subsequent violations.
26 (2) if the political committee's or other reporting
27 entity's total receipts, total expenditures, and balance
28 remaining at the end of the last reporting period were
29 each more than $5,000, then $200 per business day for the
30 first violation, $400 per business day for the second
31 violation, and $600 per business day for the third and
32 subsequent violations.
33 (c) In addition to such reports the treasurer of every
34 political committee shall file semi-annual reports of
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1 campaign contributions and expenditures no later than July
2 31st, covering the period from January 1st through June 30th
3 immediately preceding, and no later than January 31st,
4 covering the period from July 1st through December 31st of
5 the preceding calendar year. Reports of contributions and
6 expenditures must be filed to cover the prescribed time
7 periods even though no contributions or expenditures may have
8 been received or made during the period. In the final
9 disposition of any matter by the Board on or after the
10 effective date of this amendatory Act of the 93rd General
11 Assembly, the Board may impose fines for violations of this
12 subsection. When considering the amount of the fine to be
13 imposed, the Board shall consider, but is not limited to, the
14 following factors:
15 (1) whether in the Board's opinion the violation
16 was committed inadvertently, negligently, knowingly, or
17 intentionally; and
18 (2) past violations of this Section and Section 9-3
19 by the committee.
20 The Board mayshall assess a civil penalty not to exceed
21 $5,000 for a violation of this subsection, except that for
22 State officers and candidates and political committees formed
23 for statewide office, the civil penalty may not exceed
24 $10,000. The fine, however, shall not exceed $500 for a first
25 filing violation for filing less than 10 days after the
26 deadline. There shall be no fine if the report is mailed and
27 postmarked at least 72 hours prior to the filing deadline.
28 For the purpose of this subsection, "statewide office" and
29 "State officer" means the Governor, Lieutenant Governor,
30 Attorney General, Secretary of State, Comptroller, and
31 Treasurer.
32 (c-5) A political committee that acts as either (i) a
33 State and local political committee or (ii) a local political
34 committee and that files reports electronically under Section
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1 9-28 is not required to file copies of the reports with the
2 appropriate county clerk if the county clerk has a system
3 that permits access to, and duplication of, reports that are
4 filed with the State Board of Elections. A State and local
5 political committee or a local political committee shall file
6 with the county clerk a copy of its statement of organization
7 pursuant to Section 9-3.
8 (d) A copy of each report or statement filed under this
9 Article shall be preserved by the person filing it for a
10 period of two years from the date of filing.
11 (e) The Board may at any time, upon notice to all
12 parties involved, dismiss any matters, or any part thereof,
13 brought by the Board that are currently pending before the
14 Board.
15 (Source: P.A. 93-574, eff. 8-21-03.)
16 (10 ILCS 5/13-4) (from Ch. 46, par. 13-4)
17 Sec. 13-4. Qualifications.
18 (a) All persons elected or chosen judge of election
19 must: (1) be citizens of the United States and entitled to
20 vote at the next election, except as provided in subsection
21 (b) or (c); (2) be of good repute and character; (3) be able
22 to speak, read and write the English language; (4) be skilled
23 in the four fundamental rules of arithmetic; (5) be of good
24 understanding and capable; (6) not be candidates for any
25 office at the election and not be elected committeemen; and
26 (7) reside in the precinct in which they are selected to act,
27 except that in each precinct, not more than one judge of each
28 party may be appointed from outside such precinct. Any judge
29 selected to serve in any precinct in which he is not entitled
30 to vote must reside within and be entitled to vote elsewhere
31 within the county which encompasses the precinct in which
32 such judge is appointed, except as provided in subsection (b)
33 or (c). Such judge must meet the other qualifications of this
-39- LRB093 04300 BDD 20242 a
1 Section.
2 (b) An election authority may establish a program to
3 permit a person who is not entitled to vote to be appointed
4 as an election judge if, as of the date of the election at
5 which the person serves as a judge, he or she:
6 (1) is a U.S. citizen;
7 (2) is a senior in good standing enrolled in a
8 public or private secondary school;
9 (3) has a cumulative grade point average equivalent
10 to at least 3.0 on a 4.0 scale;
11 (4) has the written approval of the principal of
12 the secondary school he or she attends at the time of
13 appointment;
14 (5) has the written approval of his or her parent
15 or legal guardian;
16 (6) has satisfactorily completed the training
17 course for judges of election described in Sections
18 13-2.1 and 13-2.2; and
19 (7) meets all other qualifications for appointment
20 and service as an election judge.
21 No more than one election judge qualifying under this
22 subsection may serve per political party per precinct. Prior
23 to appointment, a judge qualifying under this subsection must
24 certify in writing to the election authority the political
25 party the judge chooses to affiliate with.
26 Students appointed as election judges under this
27 subsection shall not be counted as absent from school on the
28 day they serve as judges.
29 (c) An election authority may establish a program to
30 permit a person who is not entitled to vote in that precinct
31 or county to be appointed as an election judge if, as of the
32 date of the election at which the person serves as a judge,
33 he or she:
34 (1) is a U.S. citizen;
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1 (2) is currently enrolled in a public or private
2 Illinois university or college;
3 (3) has a cumulative grade point average equivalent
4 to at least 3.0 on a 4.0 scale;
5 (4) has satisfactorily completed the training
6 course for judges of election described in Sections
7 13-2.1 and 13-2.2; and
8 (5) meets all other qualifications for appointment
9 and service as an election judge.
10 No more than one election judge qualifying under this
11 subsection may serve per political party per precinct. Prior
12 to appointment, a judge qualifying under this subsection must
13 certify in writing to the election authority the political
14 party the judge chooses to affiliate with.
15 Students appointed as election judges under this
16 subsection shall not be counted as absent from school on the
17 day they serve as judges.
18 (Source: P.A. 91-352, eff. 1-1-00.)
19 (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
20 Sec. 14-1. (a) The board of election commissioners
21 established or existing under Article 6 shall, at the time
22 and in the manner provided in Section 14-3.1, select and
23 choose 5 persons, men or women, as judges of election for
24 each precinct in such city, village or incorporated town.
25 Where neither voting machines nor electronic, mechanical
26 or electric voting systems are used, the board of election
27 commissioners may, for any precinct with respect to which the
28 board considers such action necessary or desirable in view of
29 the number of voters, and shall for general elections for any
30 precinct containing more than 600 registered voters, appoint
31 in addition to the 5 judges of election a team of 5 tally
32 judges. In such precincts the judges of election shall
33 preside over the election during the hours the polls are
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1 open, and the tally judges, with the assistance of the
2 holdover judges designated pursuant to Section 14-5.2, shall
3 count the vote after the closing of the polls. The tally
4 judges shall possess the same qualifications and shall be
5 appointed in the same manner and with the same division
6 between political parties as is provided for judges of
7 election. The foregoing provisions relating to the
8 appointment of tally judges are inapplicable in counties with
9 a population of 1,000,000 or more.
10 (b) To qualify as judges the persons must:
11 (1) be citizens of the United States;
12 (2) be of good repute and character;
13 (3) be able to speak, read and write the English
14 language;
15 (4) be skilled in the 4 fundamental rules of
16 arithmetic;
17 (5) be of good understanding and capable;
18 (6) not be candidates for any office at the
19 election and not be elected committeemen;
20 (7) reside and be entitled to vote in the precinct
21 in which they are selected to serve, except that in each
22 precinct not more than one judge of each party may be
23 appointed from outside such precinct. Any judge so
24 appointed to serve in any precinct in which he is not
25 entitled to vote must be entitled to vote elsewhere
26 within the county which encompasses the precinct in which
27 such judge is appointed and such judge must otherwise
28 meet the qualifications of this Section, except as
29 provided in subsection (c) or (c-5).
30 (c) An election authority may establish a program to
31 permit a person who is not entitled to vote to be appointed
32 as an election judge if, as of the date of the election at
33 which the person serves as a judge, he or she:
34 (1) is a U.S. citizen;
-42- LRB093 04300 BDD 20242 a
1 (2) is a senior in good standing enrolled in a
2 public or private secondary school;
3 (3) has a cumulative grade point average equivalent
4 to at least 3.0 on a 4.0 scale;
5 (4) has the written approval of the principal of
6 the secondary school he or she attends at the time of
7 appointment;
8 (5) has the written approval of his or her parent
9 or legal guardian;
10 (6) has satisfactorily completed the training
11 course for judges of election described in Sections
12 13-2.1, 13-2.2, and 14-4.1; and
13 (7) meets all other qualifications for appointment
14 and service as an election judge.
15 No more than one election judge qualifying under this
16 subsection may serve per political party per precinct. Prior
17 to appointment, a judge qualifying under this subsection must
18 certify in writing to the election authority the political
19 party the judge chooses to affiliate with.
20 Students appointed as election judges under this
21 subsection shall not be counted as absent from school on the
22 day they serve as judges.
23 (c-5) An election authority may establish a program to
24 permit a person who is not entitled to vote in that precinct
25 or county to be appointed as an election judge if, as of the
26 date of the election at which the person serves as a judge,
27 he or she:
28 (1) is a U.S. citizen;
29 (2) is currently enrolled in a public or private
30 Illinois university or college;
31 (3) has a cumulative grade point average equivalent
32 to at least 3.0 on a 4.0 scale;
33 (4) has satisfactorily completed the training
34 course for judges of election described in Sections
-43- LRB093 04300 BDD 20242 a
1 13-2.1, 13-2.2, and 14-4.1; and
2 (5) meets all other qualifications for appointment
3 and service as an election judge.
4 No more than one election judge qualifying under this
5 subsection may serve per political party per precinct. Prior
6 to appointment, a judge qualifying under this subsection must
7 certify in writing to the election authority the political
8 party the judge chooses to affiliate with.
9 Students appointed as election judges under this
10 subsection shall not be counted as absent from school on the
11 day they serve as judges.
12 (d) The board of election commissioners may select 2
13 additional judges of election, one from each of the major
14 political parties, for each 200 voters in excess of 600 in
15 any precinct having more than 600 voters as authorized by
16 Section 11--3. These additional judges must meet the
17 qualifications prescribed in this Section.
18 (Source: P.A. 91-352, eff. 1-1-00.)
19 (10 ILCS 5/17-100 new)
20 Sec. 17-100. Definition of a vote.
21 (a) Notwithstanding any law to the contrary, for the
22 purpose of this Article, a person casts a valid vote on a
23 punch card ballot when:
24 (1) A chad on the card has at least one corner
25 detached from the card;
26 (2) The fibers of paper on at least one edge of the
27 chad are broken in a way that permits unimpeded light to
28 be seen through the card; or
29 (3) An indentation on the chad from the stylus or
30 other object is present and indicates a clearly
31 ascertainable intent of the voter to vote based on the
32 totality of the circumstances, including but not limited
33 to any pattern or frequency of indentations on other
-44- LRB093 04300 BDD 20242 a
1 ballot positions from the same ballot card.
2 (b) Write-in votes shall be counted in a manner
3 consistent with the existing provisions of this Code.
4 (c) For purposes of this Section, a "chad" is that
5 portion of a ballot card that a voter punches or perforates
6 with a stylus or other designated marking device to manifest
7 his or her vote for a particular ballot position on a ballot
8 card as defined in subsection (a). Chads shall be removed
9 from ballot cards prior to their processing and tabulation in
10 election jurisdictions that utilize a ballot card as a means
11 of recording votes at an election. Election jurisdictions
12 that utilize a mechanical means or device for chad removal as
13 a component of their tabulation shall use that means or
14 device for chad removal.
15 (10 ILCS 5/18-100 new)
16 Sec. 18-100. Definition of a vote.
17 (a) Notwithstanding any law to the contrary, for the
18 purpose of this Article, a person casts a valid vote on a
19 punch card ballot when:
20 (1) A chad on the card has at least one corner
21 detached from the card;
22 (2) The fibers of paper on at least one edge of the
23 chad are broken in a way that permits unimpeded light to
24 be seen through the card; or
25 (3) An indentation on the chad from the stylus or
26 other object is present and indicates a clearly
27 ascertainable intent of the voter to vote based on the
28 totality of the circumstances, including but not limited
29 to any pattern or frequency of indentations on other
30 ballot positions from the same ballot card.
31 (b) Write-in votes shall be counted in a manner
32 consistent with the existing provisions of this Code.
33 (c) For purposes of this Section, a "chad" is that
-45- LRB093 04300 BDD 20242 a
1 portion of a ballot card that a voter punches or perforates
2 with a stylus or other designated marking device to manifest
3 his or her vote for a particular ballot position on a ballot
4 card as defined in subsection (a). Chads shall be removed
5 from ballot cards prior to their processing and tabulation in
6 election jurisdictions that utilize a ballot card as a means
7 of recording votes at an election. Election jurisdictions
8 that utilize a mechanical means or device for chad removal as
9 a component of their tabulation shall use that means or
10 device for chad removal.
11 (10 ILCS 5/18A-5)
12 Sec. 18A-5. Provisional voting; general provisions.
13 (a) A person who claims to be a registered voter is
14 entitled to cast a provisional ballot under the following
15 circumstances:
16 (1) The person's name does not appear on the
17 official list of eligible voters, whether a list of
18 active or inactive voters, for the precinct in which the
19 person seeks to vote;
20 (2) The person's voting status has been challenged
21 by an election judge, a pollwatcher, or any legal voter
22 and that challenge has been sustained by a majority of
23 the election judges; or
24 (3) A federal or State court order extends the time
25 for closing the polls beyond the time period established
26 by State law and the person votes during the extended
27 time period; or.
28 (4) The voter registered to vote by mail and is
29 required by law to present identification when voting
30 either in person or by absentee ballot, but fails to do
31 so.
32 (b) The procedure for obtaining and casting a
33 provisional ballot at the polling place shall be as follows:
-46- LRB093 04300 BDD 20242 a
1 (1) An election judge at the polling place shall
2 notify a person who is entitled to cast a provisional
3 ballot pursuant to subsection (a) that he or she may cast
4 a provisional ballot in that election. An election judge
5 must accept any information provided by a person who
6 casts a provisional ballot that the person believes
7 supports his or her claim that he or she is a duly
8 registered voter and qualified to vote in the election.
9 (2) The person shall execute a written form
10 provided by the election judge that shall state or
11 contain all of the following:
12 (i) an affidavit stating the following:
13 State of Illinois, County of ................,
14 Township ............., Precinct ........, Ward
15 ........, I, ......................., do solemnly
16 swear (or affirm) that: I am a citizen of the United
17 States; I am 18 years of age or older; I have
18 resided in this State and in this precinct for 30
19 days preceding this election; I have not voted in
20 this election; I am a duly registered voter in every
21 respect; and I am eligible to vote in this election.
22 Signature ...... Printed Name of Voter .......
23 Printed Residence Address of Voter ...... City
24 ...... State .... Zip Code ..... Telephone Number
25 ...... Date of Birth ....... and Driver's License
26 Number ....... Last 4 digits of Social Security
27 Number ...... or State Identification Card Number.
28 (ii) Written instruction stating the following:
29 In order to expedite the verification of your
30 voter registration status, the .... (insert name of
31 county clerk of board of election commissioners
32 here) requests that you include your phone number
33 and both the last four digits of your social
34 security number and your driver's license number or
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1 State Identification Card Number issued to you by
2 the Secretary of State. At minimum, you are required
3 to include either (A) your driver's license number
4 or State Identification Card Number issued to you by
5 the Secretary of State or (B) the last 4 digits of
6 your social security number.
7 (iii) A box for the election judge to check one of
8 the 43 reasons why the person was given a provisional
9 ballot under subsection (a) of Section 18A-5.
10 (iv) An area for the election judge to affix his or
11 her signature and to set forth any facts that support or
12 oppose the allegation that the person is not qualified to
13 vote in the precinct in which the person is seeking to
14 vote.
15 The written affidavit form described in this subsection
16 (b)(2) must be printed on a multi-part form prescribed by the
17 county clerk or board of election commissioners, as the case
18 may be.
19 (3) After the person executes the portion of the written
20 affidavit described in subsection (b)(2)(i) of this Section,
21 the election judge shall complete the portion of the written
22 affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
23 (4) The election judge shall give a copy of the
24 completed written affidavit to the person. The election judge
25 shall place the original written affidavit in a self-adhesive
26 clear plastic packing list envelope that must be attached to
27 a separate envelope marked as a "provisional ballot
28 envelope". The election judge shall also place any
29 information provided by the person who casts a provisional
30 ballot in the clear plastic packing list envelope. Each
31 county clerk or board of election commissioners, as the case
32 may be, must design, obtain or procure self-adhesive clear
33 plastic packing list envelopes and provisional ballot
34 envelopes that are suitable for implementing this subsection
-48- LRB093 04300 BDD 20242 a
1 (b)(4) of this Section.
2 (5) The election judge shall provide the person with a
3 provisional ballot, written instructions for casting a
4 provisional ballot, and the provisional ballot envelope with
5 the clear plastic packing list envelope affixed to it, which
6 contains the person's original written affidavit and, if any,
7 information provided by the provisional voter to support his
8 or her claim that he or she is a duly registered voter. An
9 election judge must also give the person written information
10 that states that any person who casts a provisional ballot
11 shall be able to ascertain, pursuant to guidelines
12 established by the State Board of Elections, whether the
13 provisional vote was counted in the official canvass of votes
14 for that election and, if the provisional vote was not
15 counted, the reason that the vote was not counted.
16 (6) After the person has completed marking his or her
17 provisional ballot, he or she shall place the marked ballot
18 inside of the provisional ballot envelope, close and seal the
19 envelope, and return the envelope to an election judge, who
20 shall then deposit the sealed provisional ballot envelope
21 into a securable container separately identified and utilized
22 for containing sealed provisional ballot envelopes. Ballots
23 that are provisional because they are cast after 7:00 p.m. by
24 court order shall be kept separate from other provisional
25 ballots. Upon the closing of the polls, the securable
26 container shall be sealed with filament tape provided for
27 that purpose, which shall be wrapped around the box
28 lengthwise and crosswise, at least twice each way, and each
29 of the election judges shall sign the seal.
30 (c) Instead of the affidavit form described in
31 subsection (b), the county clerk or board of election
32 commissioners, as the case may be, may design and use a
33 multi-part affidavit form that is imprinted upon or attached
34 to the provisional ballot envelope described in subsection
-49- LRB093 04300 BDD 20242 a
1 (b). If a county clerk or board of election commissioners
2 elects to design and use its own multi-part affidavit form,
3 then the county clerk or board of election commissioners
4 shall establish a mechanism for accepting any information the
5 provisional voter has supplied to the election judge to
6 support his or her claim that he or she is a duly registered
7 voter. In all other respects, a county clerk or board of
8 election commissioners shall establish procedures consistent
9 with subsection (b).
10 (d) The county clerk or board of election commissioners,
11 as the case may be, shall use the completed affidavit form
12 described in subsection (b) to update the person's voter
13 registration information in the State voter registration
14 database and voter registration database of the county clerk
15 or board of election commissioners, as the case may be. If a
16 person is later determined not to be a registered voter based
17 on Section 18A-15 of this Code, then the affidavit shall be
18 processed by the county clerk or board of election
19 commissioners, as the case may be, as a voter registration
20 application.
21 (Source: P.A. 93-574, eff. 8-21-03.)
22 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
23 Sec. 19-4. Mailing or delivery of ballots - Time.)
24 Immediately upon the receipt of such application either by
25 mail, not more than 40 days nor less than 5 days prior to
26 such election, or by personal delivery not more than 40 days
27 nor less than one day prior to such election, at the office
28 of such election authority, it shall be the duty of such
29 election authority to examine the records to ascertain
30 whether or not such applicant is lawfully entitled to vote as
31 requested, and if found so to be, to post within one business
32 day thereafter the name, street address, ward and precinct
33 number or township and district number, as the case may be,
-50- LRB093 04300 BDD 20242 a
1 of such applicant given on a list, the pages of which are to
2 be numbered consecutively to be kept by such election
3 authority for such purpose in a conspicuous, open and public
4 place accessible to the public at the entrance of the office
5 of such election authority, and in such a manner that such
6 list may be viewed without necessity of requesting permission
7 therefor. Within one business day after posting the name and
8 other information of an applicant for an absentee ballot, the
9 election authority shall transmit that name and other posted
10 information to the State Board of Elections, which shall
11 maintain those names and other information in an electronic
12 format on its website, arranged by county and accessible only
13 by registered State and local political committees., and
14 Within 2 business days after posting a name and other
15 information on the list within its office, the election
16 authority shallthereafter to mail, postage prepaid, or
17 deliver in person in such office an official ballot or
18 ballots if more than one are to be voted at said election.
19 Mail delivery of Temporarily Absent Student ballot
20 applications pursuant to Section 19-12.3 shall be by
21 nonforwardable mail. However, for the consolidated election,
22 absentee ballots for certain precincts may be delivered to
23 applicants not less than 25 days before the election if so
24 much time is required to have prepared and printed the
25 ballots containing the names of persons nominated for offices
26 at the consolidated primary. The election authority shall
27 enclose with each absentee ballot or application written
28 instructions on how voting assistance shall be provided
29 pursuant to Section 17-14 and a document, written and
30 approved by the State Board of Elections, enumerating the
31 circumstances under which a person is authorized to vote by
32 absentee ballot pursuant to this Article; such document shall
33 also include a statement informing the applicant that if he
34 or she falsifies or is solicited by another to falsify his or
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1 her eligibility to cast an absentee ballot, such applicant or
2 other is subject to penalties pursuant to Section 29-10 and
3 Section 29-20 of the Election Code. Each election authority
4 shall maintain a list of the name, street address, ward and
5 precinct, or township and district number, as the case may
6 be, of all applicants who have returned absentee ballots to
7 such authority, and the name of such absent voter shall be
8 added to such list within one business day from receipt of
9 such ballot. If the absentee ballot envelope indicates that
10 the voter was assisted in casting the ballot, the name of the
11 person so assisting shall be included on the list. The list,
12 the pages of which are to be numbered consecutively, shall be
13 kept by each election authority in a conspicuous, open, and
14 public place accessible to the public at the entrance of the
15 office of the election authority and in a manner that the
16 list may be viewed without necessity of requesting permission
17 for viewing.
18 Each election authority shall maintain a list for each
19 election of the voters to whom it has issued absentee
20 ballots. The list shall be maintained for each precinct
21 within the jurisdiction of the election authority. Prior to
22 the opening of the polls on election day, the election
23 authority shall deliver to the judges of election in each
24 precinct the list of registered voters in that precinct to
25 whom absentee ballots have been issued by mail.
26 Each election authority shall maintain a list for each
27 election of voters to whom it has issued temporarily absent
28 student ballots. The list shall be maintained for each
29 election jurisdiction within which such voters temporarily
30 abide. Immediately after the close of the period during
31 which application may be made by mail for absentee ballots,
32 each election authority shall mail to each other election
33 authority within the State a certified list of all such
34 voters temporarily abiding within the jurisdiction of the
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1 other election authority.
2 In the event that the return address of an application
3 for ballot by a physically incapacitated elector is that of a
4 facility licensed or certified under the Nursing Home Care
5 Act, within the jurisdiction of the election authority, and
6 the applicant is a registered voter in the precinct in which
7 such facility is located, the ballots shall be prepared and
8 transmitted to a responsible judge of election no later than
9 9 a.m. on the Saturday, Sunday or Monday immediately
10 preceding the election as designated by the election
11 authority under Section 19-12.2. Such judge shall deliver in
12 person on the designated day the ballot to the applicant on
13 the premises of the facility from which application was made.
14 The election authority shall by mail notify the applicant in
15 such facility that the ballot will be delivered by a judge of
16 election on the designated day.
17 All applications for absentee ballots shall be available
18 at the office of the election authority for public inspection
19 upon request from the time of receipt thereof by the election
20 authority until 30 days after the election, except during the
21 time such applications are kept in the office of the election
22 authority pursuant to Section 19-7, and except during the
23 time such applications are in the possession of the judges of
24 election.
25 (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)
26 (10 ILCS 5/20-4) (from Ch. 46, par. 20-4)
27 Sec. 20-4. Immediately upon the receipt of the official
28 postcard or an application as provided in Section 20-3 within
29 the times heretofore prescribed, the election authority shall
30 ascertain whether or not such applicant is legally entitled
31 to vote as requested. If the election authority ascertains
32 that the applicant is lawfully entitled to vote, it shall
33 enter the name, street address, ward and precinct number of
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1 such applicant on a list to be posted in his or its office in
2 a place accessible to the public. Within one business day
3 after posting the name and other information of an applicant
4 for a ballot, the election authority shall transmit that name
5 and posted information to the State Board of Elections, which
6 shall maintain the names and other information in an
7 electronic format on its website, arranged by county and
8 accessible only by registered State and local political
9 committees. As soon as the official ballot is prepared the
10 election authority shall immediately deliver the same to the
11 applicant in person or by mail, in the manner prescribed in
12 Section 20-5.
13 If any such election authority receives a second or
14 additional application which it believes is from the same
15 person, he or it shall submit it to the chief judge of the
16 circuit court or any judge of that court designated by the
17 chief judge. If the chief judge or his designate determines
18 that the application submitted to him is a second or
19 additional one, he shall so notify the election authority who
20 shall disregard the second or additional application.
21 The election authority shall maintain a list for each
22 election of the voters to whom it has issued absentee
23 ballots. The list shall be maintained for each precinct
24 within the jurisdiction of the election authority. Prior to
25 the opening of the polls on election day, the election
26 authority shall deliver to the judges of election in each
27 precinct the list of registered voters in that precinct to
28 whom absentee ballots have been issued.
29 (Source: P.A. 81-0155; 81-0953; 81-1509.)
30 (10 ILCS 5/22-1) (from Ch. 46, par. 22-1)
31 Sec. 22-1. Abstracts of votes. Within 21 calendar7
32 days after the close of the election at which candidates for
33 offices hereinafter named in this Section are voted upon, the
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1 county clerks of the respective counties, with the assistance
2 of the chairmen of the county central committees of the
3 Republican and Democratic parties of the county, shall open
4 the returns and make abstracts of the votes on a separate
5 sheet for each of the following:
6 A. For Governor and Lieutenant Governor;
7 B. For State officers;
8 C. For presidential electors;
9 D. For United States Senators and Representatives to
10 Congress;
11 E. For judges of the Supreme Court;
12 F. For judges of the Appellate Court;
13 G. For judges of the circuit court;
14 H. For Senators and Representatives to the General
15 Assembly;
16 I. For State's Attorneys elected from 2 or more
17 counties;
18 J. For amendments to the Constitution, and for other
19 propositions submitted to the electors of the entire State;
20 K. For county officers and for propositions submitted to
21 the electors of the county only;
22 L. For Regional Superintendent of Schools;
23 M. For trustees of Sanitary Districts; and
24 N. For Trustee of a Regional Board of School Trustees.
25 Multiple originals of each of the sheets shall be
26 prepared and one of each shall be turned over to the chairman
27 of the county central committee of each of the then existing
28 established political parties, as defined in Section 10-2, or
29 his duly authorized representative immediately after the
30 completion of the entries on the sheets and before the totals
31 have been compiled.
32 The foregoing abstracts shall be preserved by the county
33 clerk in his office.
34 Whenever any county chairman is also county clerk or
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1 whenever any county chairman is unable to serve as a member
2 of such canvassing board the vice-chairman or secretary of
3 his county central committee, in that order, shall serve in
4 his place as member of such canvassing board; provided, that
5 if none of these persons is able to serve, the county
6 chairman may appoint a member of his county central committee
7 to serve as a member of such canvassing board.
8 The powers and duties of the county canvassing board are
9 limited to those specified in this Section. In no event shall
10 such canvassing board open any package in which the ballots
11 have been wrapped or any envelope containing "defective" or
12 "objected to" ballots, or in any manner undertake to examine
13 the ballots used in the election, except as provided in
14 Section 22-9.1 or when directed by a court in an election
15 contest. Nor shall such canvassing board call in the precinct
16 judges of election or any other persons to open or recount
17 the ballots.
18 (Source: P.A. 89-5, eff. 1-1-96.)
19 (10 ILCS 5/22-7) (from Ch. 46, par. 22-7)
20 Sec. 22-7. Canvass of votes; declaration and proclamation
21 of result. The State Board of Elections, shall proceed within
22 22 calendar20 days after the election, and sooner if all the
23 returns are received, to canvass the votes given for United
24 States Senators and Representatives to Congress, State
25 executive officers, judges of the Supreme Court, judges of
26 the Appellate Court, judges of the Circuit Court, Senators,
27 Representatives to the General Assembly, State's Attorneys
28 and Regional Superintendents of Schools elected from 2 or
29 more counties, respectively, and the persons having the
30 highest number of votes for the respective offices shall be
31 declared duly elected, but if it appears that more than the
32 number of persons to be elected have the highest and an equal
33 number of votes for the same office, the electoral board
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1 shall decide by lot which of such persons shall be elected;
2 and to each person duly elected, the Governor shall give a
3 certificate of election or commission, as the case may
4 require, and shall cause proclamation to be made of the
5 result of the canvass, and they shall at the same time and in
6 the same manner, canvass the vote cast upon amendments to the
7 Constitution, and upon other propositions submitted to the
8 electors of the entire State; and the Governor shall cause to
9 be made such proclamation of the result of the canvass as the
10 statutes elsewhere provide. The State Board of Elections
11 shall transmit to the State Comptroller a list of the persons
12 elected to the various offices. The State Board of Elections
13 shall also transmit to the Supreme Court the names of persons
14 elected to judgeships in adversary elections and the names of
15 judges who fail to win retention in office.
16 (Source: P.A. 89-5, eff. 1-1-96.)
17 (10 ILCS 5/22-8) (from Ch. 46, par. 22-8)
18 Sec. 22-8. In municipalities operating under Article 6 of
19 this Act, within 21 calendar7 days after the close of such
20 election, a judge of the circuit court, with the assistance
21 of the city attorney and the board of election commissioners,
22 who are hereby declared a canvassing board for such city,
23 shall open all returns left respectively, with the election
24 commissioners, the county clerk, and city comptroller, and
25 shall make abstracts or statements of the votes in the
26 following manner, as the case may require, viz: All votes for
27 Governor and Lieutenant Governor on one sheet; all votes for
28 other State officers on another sheet; all votes for
29 presidential electors on another sheet; all votes for United
30 States Senators and Representatives to Congress on another
31 sheet; all votes for judges of the Supreme Court on another
32 sheet; all votes for judges of the Appellate Court on another
33 sheet; all votes for Judges of the Circuit Court on another
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1 sheet; all votes for Senators and Representatives to the
2 General Assembly on another sheet; all votes for State's
3 Attorneys where elected from 2 or more counties on another
4 sheet; all votes for County Officers on another sheet; all
5 votes for City Officers on another sheet; all votes for Town
6 Officers on another sheet; and all votes for any other office
7 on a separate and appropriate sheet; all votes for any
8 proposition, which may be submitted to a vote of the people,
9 on another sheet, and all votes against any proposition,
10 submitted to a vote of the people, on another sheet.
11 Multiple originals of each of the sheets shall be
12 prepared and one of each shall be turned over to the chairman
13 of the county central committee of each of the then existing
14 established political parties, as defined in Section 10-2, or
15 his duly authorized representative immediately after the
16 completion of the entries on the sheets and before the totals
17 have been compiled.
18 (Source: P. A. 77-2626.)
19 (10 ILCS 5/22-17) (from Ch. 46, par. 22-17)
20 Sec. 22-17. (a) Except as provided in subsection (b),
21 the canvass of votes cast at the nonpartisan and consolidated
22 elections shall be conducted by the following canvassing
23 boards within 21 calendar7 days after the close of such
24 elections:
25 1. For city offices, by the mayor, the city
26 attorney and the city clerk.
27 2. For village and incorporated town offices, by
28 the president of the board of trustees, one member of the
29 board of trustees, and the village or incorporated town
30 clerk.
31 3. For township offices, by the township
32 supervisor, the eligible town trustee elected in the
33 township who has the longest term of continuous service
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1 as town trustee, and the township clerk.
2 4. For road district offices, by the highway
3 commissioner and the road district clerk.
4 5. For school district or community college
5 district offices, by the school or community college
6 district board.
7 6. For special district elected offices, by the
8 board of the special district.
9 7. For multi-county educational service region
10 offices, by the regional board of school trustees.
11 8. For township trustee of schools or land
12 commissioner, by the township trustees of schools or land
13 commissioners.
14 9. For park district offices, by the president of
15 the park board, one member of the board of park
16 commissioners and the secretary of the park district.
17 10. For multi-township assessment districts, by the
18 chairman, clerk, and assessor of the multi-township
19 assessment district.
20 (b) The city canvassing board provided in Section 22-8
21 shall canvass the votes cast at the nonpartisan and
22 consolidated elections for offices of any political
23 subdivision entirely within the jurisdiction of a municipal
24 board of election commissioners.
25 (c) The canvass of votes cast upon any public questions
26 submitted to the voters of any political subdivision, or any
27 precinct or combination of precincts within a political
28 subdivision, at any regular election or at any emergency
29 referendum election, including votes cast by voters outside
30 of the political subdivision where the question is for
31 annexation thereto, shall be canvassed by the same board
32 provided for in this Section for the canvass of votes of the
33 officers of such political subdivision. However, referenda
34 conducted throughout a county and referenda of sanitary
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1 districts whose officers are elected at general elections
2 shall be canvassed by the county canvassing board. The votes
3 cast on a public question for the formation of a political
4 subdivision shall be canvassed by the circuit court that
5 ordered the question submitted, or by such officers of the
6 court as may be appointed for such purpose, except where in
7 the formation or reorganization of a school district or
8 districts the regional superintendent of schools is
9 designated by law as the canvassing official.
10 (d) The canvass of votes for offices of political
11 subdivisions cast at special elections to fill vacancies held
12 on the day of any regular election shall be conducted by the
13 canvassing board which is responsible for canvassing the
14 votes at the regularly scheduled election for such office.
15 (Source: P.A. 87-738; 87-1052.)
16 Section 99. Effective date. This Act takes effect upon
17 becoming law.".
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