(10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
Sec. 10-6.2.
The State Board of Elections, the election authority or
the local election official with whom petitions for nomination are filed
pursuant to this Article 10 shall specify the place where filings shall
be made and upon receipt shall endorse thereon the day and the hour at
which each petition was filed. Except as provided by Article 9 of The
School Code, all petitions filed by persons waiting
in line as of 8:00 a.m. on the first day for filing, or as of the normal
opening hour of the office involved on such day, shall be deemed filed
as of 8:00 a.m. or the normal opening hour, as the case may be.
Petitions filed by mail and received after midnight of the first day for
filing and in the first mail delivery or pickup of that day shall be
deemed filed as of 8:00 a.m. of that day or as of the normal opening
hour of such day, as the case may be. All petitions received thereafter
shall be deemed filed in the order of actual receipt. However, 2 or more petitions filed within the last hour of the filing deadline shall be deemed filed simultaneously. Where 2 or more
petitions are received simultaneously, the State Board of Elections, the
election authority or the local election official with whom such
petitions are filed shall break ties and determine the order of filing
by means of a lottery or other fair and impartial method of random
selection approved by the State Board of Elections. Such lottery shall
be conducted within 9 days following the last day for petition filing and shall
be open to the public. Seven days written notice of the time and place of
conducting such random selection shall be given, by the State Board of
Elections, the election authority, or local election official, to the Chair
of each political party, and to each organization of citizens within the
election jurisdiction which was entitled, under this Code, at the next
preceding election, to have pollwatchers present on the day of election. The
State Board of Elections, the election authority or local election official
shall post in a conspicuous, open and public place, at the entrance of the
office, notice of the time and place of such lottery. The State Board of
Elections shall adopt rules and regulations governing the procedures for
the conduct of such lottery. All candidates shall be
certified in the order in which their petitions have been filed and in the
manner prescribed by Section 10-14 and 10-15 of this Article. Where
candidates have filed simultaneously, they shall be certified in the order
determined by lot and prior to candidates who filed for the same office or
offices at a later time. Certificates of nomination filed within the
period prescribed in Section 10-6(2) for candidates nominated by caucus for
township or municipal offices shall be subject to the ballot placement
lottery for established political parties prescribed in Section 7-60 of
this Code.
If multiple sets of nomination papers are filed for a candidate to
the same office, the State Board of Elections, appropriate election
authority or local election official where the petitions are filed shall
within 2 business days notify the candidate of his or her multiple petition
filings and that the candidate has 3 business days after receipt of the notice
to notify the State Board of Elections, appropriate election authority or local
election official that he or she may cancel prior sets of petitions. If the
candidate notifies the State Board of Elections, appropriate election authority
or local election official, the last set of petitions filed shall be the only
petitions to be considered valid by the State Board of Elections, election
authority or local election official. If the candidate fails to notify the
State Board of Elections, appropriate election authority or local election
official then only the first set of petitions filed shall be valid and all
subsequent petitions shall be void.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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(10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
Sec. 10-7.
Except as otherwise provided in this Code, any person whose name has been presented as a candidate, including nonpartisan and independent candidates,
may cause his name to be withdrawn from any such nomination by his
request in writing, signed by him and duly acknowledged before an
officer qualified to take acknowledgment of deeds, and presented to the
principal office or permanent branch office of the Board, the election
authority, or the local election official, as the case may be, not later
than the date for certification of candidates for the ballot. No name so
withdrawn shall be printed upon the ballots under the party appellation or
title from which the candidate has withdrawn his name. If such a request for withdrawal is received after the date for certification of the candidates for the ballot, then the votes cast for the withdrawn candidate are invalid and shall not be reported by the election authority. If the name of the
same person has been presented as a candidate for 2 or more offices which
are incompatible so that the same person could not serve in more than one
of such offices if elected, that person must withdraw as a candidate for
all but one of such offices within the 5 business days following the last
day for petition filing. If he fails to withdraw as a candidate for all
but one of such offices within such time, his name shall not be certified,
nor printed on the ballot, for any office. However, nothing in this Section
shall be construed as precluding a judge who is seeking retention in office
from also being a candidate for another judicial office. Except as
otherwise herein provided, in case the certificate of nomination or
petition as provided for in this Article shall contain or exhibit the name
of any candidate for any office upon more than one of said certificates or
petitions (for the same office), then and in that case the Board or
election authority or local election official, as the case may be, shall
immediately notify said candidate of said fact and that his name appears
unlawfully upon more than one of said certificates or petitions and that
within 3 days from the receipt of said notification, said candidate must
elect as to which of said political party appellations or groups he desires
his name to appear and remain under upon said ballot, and if said candidate
refuses, fails or neglects to make such election, then and in that case the
Board or election authority or local election official, as the case may be,
shall permit the name of said candidate to appear or be printed or placed
upon said ballot only under the political party appellation or group
appearing on the certificate of nomination or petition, as the case may be,
first filed, and shall strike or cause to be stricken the name of said
candidate from all certificates of nomination and petitions
filed after the first such certificate of nomination or petition.
Whenever the name of a candidate for an office is withdrawn from a new
political party petition, it shall constitute a vacancy in nomination for
that office which may be filled in accordance with Section 10-11 of this
Article; provided, that if the names of all candidates for all offices on
a new political party petition are withdrawn or such petition is declared
invalid by an electoral board or upon judicial review, no vacancies in
nomination for those offices shall exist and the filing of any notice or
resolution purporting to fill vacancies in nomination shall have no legal effect.
Whenever the name of an independent candidate for an office is withdrawn
or an independent candidate's petition is declared invalid by an electoral
board or upon judicial review, no vacancy in nomination for that office
shall exist and the filing of any notice or resolution purporting to fill
a vacancy in nomination shall have no legal effect.
All certificates of nomination and nomination papers when presented or
filed shall be open, under proper regulation, to public inspection, and the
State Board of Elections and the several election authorities and local
election officials having charge of nomination papers shall preserve the
same in their respective offices not less than 6 months.
(Source: P.A. 102-15, eff. 6-17-21.)
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(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
Sec. 10-8.
Except as otherwise provided in this Code, certificates of nomination and nomination papers, and
petitions to submit public questions to a referendum, being filed as
required by this Code, and being in apparent conformity with the
provisions of this Act, shall be deemed to be valid unless objection
thereto is duly made in writing within 5 business days after the last day for
filing the certificate of nomination or nomination papers or petition
for a public question, with the following exceptions:
A. In the case of petitions to amend Article IV of | ||
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B. In the case of petitions for advisory questions | ||
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Any legal voter of the political subdivision or district in which the
candidate or public question is to be voted on, or any legal voter in
the State in the case of a proposed amendment to Article IV of the
Constitution or an advisory public question to be submitted to the
voters of the entire State, having objections to any certificate of nomination
or nomination papers or petitions filed, shall file an objector's petition
together with 2 copies thereof in the principal office or the permanent branch
office of the State Board of Elections, or in the office of the election
authority or local election official with whom the certificate of
nomination, nomination papers or petitions are on file. Objection petitions that do not include 2 copies thereof, shall not be accepted.
In the case of nomination papers or certificates of nomination,
the State Board of Elections, election authority or local election official
shall note the day and hour upon which such objector's
petition is filed, and shall, not later than 12:00
noon on the second business day after receipt of the
petition, transmit by registered mail or receipted
personal delivery the certificate of nomination or nomination papers and
the original objector's petition to the chair of the proper electoral
board designated in Section 10-9 hereof, or his authorized agent, and
shall transmit a copy by registered mail or receipted personal delivery
of the objector's petition, to the candidate whose certificate of nomination
or nomination papers are objected to, addressed to the place of residence
designated in said certificate of nomination or nomination papers. In the
case of objections to a petition for a proposed amendment to Article IV of
the Constitution or for an advisory public question to be submitted to the
voters of the entire State, the State Board of Elections shall note the day
and hour upon which such objector's petition is filed and shall transmit a
copy of the objector's petition by registered mail or receipted personal
delivery to the person designated on a certificate attached to the petition
as the principal proponent of such proposed amendment or public question,
or as the proponents' attorney, for the purpose of receiving notice of
objections. In the case of objections to a petition for a public question,
to be submitted to the voters of a political subdivision, or district
thereof, the election authority or local election official with whom such
petition is filed shall note the day and hour upon which such
objector's petition was filed, and shall, not later than 12:00 noon on the
second business day after receipt of the petition,
transmit by registered mail or receipted personal delivery
the petition for the public question and the original objector's petition
to the chair of the proper electoral board designated in Section 10-9
hereof, or his authorized agent, and shall transmit a copy by
registered mail or receipted personal delivery, of the objector's petition
to the person designated on a certificate attached to the petition as the
principal proponent of the public question, or as the proponent's attorney,
for the purposes of receiving notice of objections.
The objector's petition shall give the objector's name and residence
address, and shall state fully the nature of the objections to the
certificate of nomination or nomination papers or petitions in question,
and shall state the interest of the objector and shall state what relief
is requested of the electoral board.
The provisions of this Section and of Sections 10-9, 10-10 and
10-10.1 shall also apply to and govern objections to petitions for
nomination filed under Article 7 or Article 8, except as otherwise
provided in Section 7-13 for cases to which it is applicable, and also
apply to and govern petitions for the submission of public questions under
Article 28.
(Source: P.A. 102-15, eff. 6-17-21.)
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(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
Sec. 10-9. The following electoral boards are designated for the
purpose of hearing and passing upon the objector's petition described in
Section 10-8.
1. The State Board of Elections will hear and pass | ||
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2. The county officers electoral board of a county | ||
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2.5. The county officers electoral board of a | ||
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3. The municipal officers electoral board to hear and | ||
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4. The township officers electoral board to pass upon | ||
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5. The education officers electoral board to hear and | ||
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6. In all cases, however, where the Congressional, | ||
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For special districts situated in more than one county, the county officers
electoral board of the county in which the principal office of the district
is located has jurisdiction to hear and pass upon objections. For purposes
of this Section, "special districts" means all political subdivisions other
than counties, municipalities, townships and school and community college
districts.
In the event that any member of the appropriate board is a candidate
for the office with relation to which the objector's petition is filed,
he shall not be eligible to serve on that board and shall not act as
a member of the board and his place shall be filled as follows:
a. In the county officers electoral board by the | ||
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b. In the municipal officers electoral board by the | ||
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c. In the township officers electoral board by the | ||
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d. In the education officers electoral board by the | ||
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In the event that the chair of the electoral board is ineligible
to act because of the fact that he or she is a candidate for the office with
relation to which the objector's petition is filed, then the substitute
chosen under the provisions of this Section shall be the chair; In
this case, the officer or board with whom the objector's petition is
filed, shall transmit the certificate of nomination or nomination papers
as the case may be, and the objector's petition to the substitute chair
of the electoral board.
When 2 or more eligible individuals, by reason of their terms of service
on a city council or board of trustees, township board of
trustees, or community college district board, qualify to serve
on an electoral board, the one to serve shall be chosen by lot.
Any vacancies on an electoral board not otherwise filled pursuant to this
Section shall be filled by public members appointed by the Chief Judge of
the Circuit Court for the county wherein the electoral board hearing is
being held upon notification to the Chief Judge of such
vacancies. The Chief Judge shall be so notified by a member of the electoral
board or the officer or board with whom the objector's petition was filed.
In the event that none of the individuals designated by this Section to
serve on the electoral board are eligible, the chair of an electoral
board shall be designated by the Chief Judge.
(Source: P.A. 103-467, eff. 8-4-23.)
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(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
Sec. 10-10. Within 24 hours after the receipt of the certificate of
nomination or nomination papers or proposed question of public
policy, as the case may be, and the objector's petition, the chair
of the electoral board other than the State Board of Elections shall
send a call by registered or certified mail: to each of the members of the
electoral board; to the objector who filed the objector's petition;
either to the candidate whose certificate of nomination or nomination
papers are objected to or to the principal proponent or attorney for
proponents of a question of public policy, as the case may be, whose
petitions are objected to; to the election authority to whom the ballot is certified; and to the appropriate county clerk. The chair
of the electoral board other than the State Board of Elections shall also cause the sheriff of the county
or counties in which such officers and persons reside to serve a copy of
such call upon each of such officers and persons, which call shall set out
the fact that the electoral board is required to meet to hear and pass upon
the objections to nominations made for the office, designating it, and
shall state the day, hour and place at which the electoral board shall meet
for the purpose, which place shall be in the
county court house in the county in the case of the County Officers
Electoral Board, the Municipal Officers Electoral Board, the Township
Officers Electoral Board or the Education Officers Electoral Board, except that the Municipal Officers Electoral Board, the Township Officers Electoral Board, and the Education Officers Electoral Board may meet at the location where the governing body of the municipality, township, or community college district, respectively, holds its regularly scheduled meetings, if that location is available; provided that voter records may be removed from the offices of an election authority only at the discretion and under the supervision of the election authority.
In
those cases where the State Board of Elections is the electoral board
designated under Section 10-9, the chair of the State Board of Elections
shall, within 24 hours after the receipt of the certificate of nomination
or nomination papers or petitions for a proposed amendment to Article IV of
the Constitution or proposed statewide question of public policy, send a
call by registered or certified mail to the objector who files the
objector's petition, and either to the candidate whose certificate of
nomination or nomination papers are objected to or to the principal
proponent or attorney for proponents of the proposed Constitutional
amendment or statewide question of public policy and shall state the day,
hour, and place at which the electoral board shall meet for the purpose,
which place may be in the Capitol Building or in the principal or permanent
branch office of the State Board. The day of the meeting shall not be less
than 3 nor more than 5 days after the receipt of the certificate of
nomination or nomination papers and the objector's petition by the chair
of the electoral board.
The electoral board shall have the power to administer oaths and to
subpoena and examine witnesses and, at the request of either party and only upon a vote by a majority of its members, may authorize the chair
to issue subpoenas requiring the attendance of witnesses and
subpoenas duces tecum requiring the production of such books, papers,
records and documents as may be evidence of any matter under inquiry
before the electoral board, in the same manner as witnesses are
subpoenaed in the Circuit Court.
Service of such subpoenas shall be made by any sheriff or other
person in the same manner as in cases in such court and the fees of such
sheriff shall be the same as is provided by law, and shall be paid by
the objector or candidate who causes the issuance of the subpoena. In
case any person so served shall knowingly neglect or refuse to obey any
such subpoena, or to testify, the electoral board shall at once file a
petition in the circuit court of the county in which such hearing is to
be heard, or has been attempted to be heard, setting forth the facts, of
such knowing refusal or neglect, and accompanying the petition with a
copy of the citation and the answer, if one has been filed, together
with a copy of the subpoena and the return of service thereon, and shall
apply for an order of court requiring such person to attend and testify,
and forthwith produce books and papers, before the electoral board. Any
circuit court of the state, excluding the judge who is sitting on the electoral
board, upon such showing shall order such person to appear and testify,
and to forthwith produce such books and papers, before the electoral board
at a place to be fixed by the court. If such person shall knowingly fail
or refuse to obey such order of the court without lawful excuse, the court
shall punish him or her by fine and imprisonment, as the nature of the case
may require and may be lawful in cases of contempt of court.
The electoral board on the first day of its meeting shall adopt rules
of procedure for the introduction of evidence and the presentation of
arguments and may, in its discretion, provide for the filing of briefs
by the parties to the objection or by other interested persons.
In the event of a State Electoral Board hearing on objections to a
petition for an amendment to Article IV of the Constitution
pursuant to Section 3 of Article XIV of the Constitution, or to a
petition for a question of public policy to be submitted to the
voters of the entire State, the certificates of the county clerks and boards
of election commissioners showing the results of the random sample of
signatures on the petition shall be prima facie valid and accurate, and
shall be presumed to establish the number of valid and invalid
signatures on the petition sheets reviewed in the random sample, as prescribed
in Section 28-11 and 28-12 of this Code. Either party, however, may introduce
evidence at such hearing to dispute the findings as to particular signatures.
In addition to the foregoing, in the absence of competent evidence presented
at such hearing by a party substantially challenging the results of a random
sample, or showing a different result obtained by an additional sample,
this certificate of a county clerk or board of election commissioners shall
be presumed to establish the ratio of valid to invalid signatures within
the particular election jurisdiction.
The electoral board shall take up the question as to whether or not
the certificate of nomination or nomination papers or petitions are in
proper form, and whether or not they were filed within the time and
under the conditions required by law, and whether or not they are the
genuine certificate of nomination or nomination papers or petitions
which they purport to be, and whether or not in the case of the
certificate of nomination in question it represents accurately the
decision of the caucus or convention issuing it, and in general shall
decide whether or not the certificate of nomination or nominating papers
or petitions on file are valid or whether the objections thereto should
be sustained and the decision of a majority of the electoral board shall
be final subject to judicial review as provided in Section 10-10.1. The
electoral board must state its findings in writing and must state in
writing which objections, if any, it has sustained. A copy of the decision shall be served upon the parties to the proceedings in open proceedings before the electoral board. If a party does not appear for receipt of the decision, the decision shall be deemed to have been served on the absent party on the date when a copy of the decision is personally delivered or on the date when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to each party affected by the decision or to such party's attorney of record, if any, at the address on record for such person in the files of the electoral board.
Upon the expiration of the period within which a proceeding for
judicial review must be commenced under Section 10-10.1, the electoral
board shall, unless a proceeding for judicial review has been commenced
within such period, transmit, by registered or certified mail, a
certified copy of its ruling, together with the original certificate of
nomination or nomination papers or petitions and the original objector's
petition, to the officer or board with whom the certificate of
nomination or nomination papers or petitions, as objected to, were on
file and to the election authority to whom the ballot is certified and the appropriate county clerk, and such officer or board shall abide by and comply with the
ruling so made to all intents and purposes.
(Source: P.A. 103-467, eff. 8-4-23.)
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(10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1)
Sec. 10-10.1.
(a) Except as otherwise provided in this Section, a
candidate or objector aggrieved by the decision of an
electoral board may secure judicial review of such decision in the circuit
court of the county in which the hearing of the electoral board was held.
The party seeking judicial review must file a petition with the clerk of
the court and must serve a copy of the petition upon the electoral board and other parties to the proceeding by registered or certified mail within 5 days after service of the decision of the electoral board as provided in Section 10-10. The
petition shall contain a brief statement of the reasons why the decision of
the board should be reversed. The petitioner shall file proof of service with the clerk
of the court. No answer to the petition need be filed, but the electoral board shall cause the record of proceedings before the electoral board to be filed with the clerk of the court on or before the date of the hearing on the petition or as ordered by the court.
The court shall set the matter for hearing to be held within 30 days
after the filing of the petition and shall make its decision promptly after
such hearing.
(b) An objector or proponent aggrieved by the decision of an electoral board
regarding a petition filed pursuant to Section 18-120 of the Property Tax
Code
may secure a review of such decision by the State Board of Elections. The
party seeking such review must file a petition therefor with the State Board of
Elections within 10 days after the decision of the electoral board. Any such
objector or proponent may apply for and obtain judicial review of a decision of
the State Board of Elections entered under this amendatory Act of 1985, in
accordance with the provisions of the Administrative Review Law, as amended.
(Source: P.A. 96-1008, eff. 7-6-10.)
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(10 ILCS 5/10-10.5) Sec. 10-10.5. Removal of judicial officer's address information from the certificate of nomination or nomination papers. (a) Upon expiration of the period for filing an objection to a judicial candidate's certificate of nomination or nomination papers, a judicial officer who is a judicial candidate may file a written request with the State Board of Elections for redaction of the judicial officer's home address information from his or her certificate of nomination or nomination papers. After receipt of the judicial officer's written request, the State Board of Elections shall redact or cause redaction of the judicial officer's home address from his or her certificate of nomination or nomination papers within 5 business days. (b) Prior to expiration of the period for filing an objection to a judicial candidate's certificate of nomination or nomination papers, the home address information from the certificate of nomination or nomination papers of a judicial officer who is a judicial candidate is available for public inspection. After redaction of a judicial officer's home address information under paragraph (a) of this Section, the home address information is only available for an in camera inspection by the court reviewing an objection to the judicial officer's certificate of nomination or nomination papers. (c) For the purposes of this Section, "home address" has the meaning as defined in Section 1-10 of the Judicial Privacy Act.
(Source: P.A. 97-847, eff. 9-22-12; 98-463, eff. 8-16-13.) |
(10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
Sec. 10-11.
Any vacancy in the nomination of a new political party
candidate occurring prior to
the date of certification of candidates for the ballot
by the certifying board or officer must be filled prior to the date of certification.
The resolution to fill such
vacancy shall be sent by U.S. mail or personal delivery to the certifying
officer or board within 3 days of the action by which the vacancy was filled;
provided, if such resolution
is sent by mail and the U.S. postmark on the envelope containing such resolution
is dated prior to the expiration of such 3 day limit, the notice or resolution
shall be deemed filed within such 3 day limit. Failure
to so transmit the notice or resolution within the time
specified in this Section shall authorize the certifying officer
or board to certify the original candidate. Vacancies shall be filled
by the new political party officers.
Any vacancy in nomination occurring after certification but prior to 15
days before a regular election shall be filled by the new political
party officers within
8 days after the event creating the vacancy in the manner heretofore prescribed.
The resolution to fill a vacancy in nomination shall be duly
acknowledged before an officer qualified to take acknowledgements of deeds
and shall include, upon its face, the following information:
(a) the name of the original nominee and the office vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill the vacancy and
the date of selection.
The resolution to fill a vacancy in nomination shall be accompanied by a
Statement of Candidacy, as prescribed in Section 10-5, completed by the
selected nominee and a receipt indicating that such nominee has filed a
statement of economic interests as required by the Illinois Governmental Ethics Act.
The provisions of Sections 10-8 through 10-10.1 relating to objections to
certificates of nomination and nomination papers, hearings on objections,
and judicial review, shall apply to and govern objections to resolutions
for filling a vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before a regular election
shall not be filled. In this event the certification of the original candidate
shall stand and his name shall appear on the official ballot to be voted
at the election.
A vacancy in nomination occurs when a candidate who has been nominated
under the provisions of Section 10-2 dies before the election, or declines
the nomination; provided that nomination may become vacant for other reasons.
However, the provisions of this Section shall not apply to any vacancy
in nomination for a municipal office for which the Municipal Code, as now
or hereafter amended, provides a different method for filling such vacancy,
and the applicable provision of the Municipal Code shall govern in such cases.
Any vacancy in a nomination by caucus of an established political party
for a township or municipal office shall be filled in accordance with Section
7-61 of this Code.
For purposes of this Section, the words "certify" and "certification"
shall refer to the act of officially declaring the names of candidates
entitled to be printed upon the official ballot at an election and
directing election authorities to place the names of such candidates upon
the official ballot. "Certifying officers or board" shall refer to the
local election official, election authority or the State Board of
Elections, as the case may be, with whom nomination papers, certificates of
nomination papers and resolutions to fill vacancies in nomination are filed
and whose duty it is to "certify" candidates.
(Source: P.A. 84-757.)
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(10 ILCS 5/10-11.1) (from Ch. 46, par. 10-11.1)
Sec. 10-11.1.
Whenever a vacancy in the office of State Senator is to
be filled by election pursuant to Article IV, Section 2(d) of the
Constitution and Section 25-6 of this Code, nominations shall be made
pursuant to this Section:
(1) If the vacancy in office occurs before the first | ||
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(2) If the vacancy occurs in office after the first | ||
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(3) If a vacancy in office occurs prior to the first | ||
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(4) If the vacancy in office occurs during the time | ||
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(5) If the vacancy in office occurs after the last | ||
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The provisions of Sections 10-8 and 10-10.1 relating to objections to
nomination papers, hearings on objections and judicial review, shall also
apply to and govern objections to nomination papers filed pursuant to this
Section.
Unless otherwise specified herein, the nomination and election provided for
in this Section shall be governed by this Code.
(Source: P.A. 96-1008, eff. 7-6-10.)
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(10 ILCS 5/10-11.2) (from Ch. 46, par. 10-11.2)
Sec. 10-11.2.
Whenever a vacancy in any elective county office is to be
filled by election pursuant to Section 25-11 of this Code, nominations
shall be made and any vacancy in nomination shall be filled pursuant to this
Section:
(1) If the vacancy in office occurs before the first | ||
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(2) If the vacancy in office occurs after the first | ||
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(3) If the vacancy in office occurs prior to the | ||
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(4) If the vacancy in office occurs during the time | ||
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The provisions of Sections 10-8 through 10-10.1 relating to objections to
nomination papers, hearings on objections and judicial review, shall also
apply to and govern objections to nomination papers filed pursuant to this Section.
Unless otherwise specified herein, the nomination and election provided
for in this Section shall be governed by this Code.
(Source: P.A. 96-1008, eff. 7-6-10.)
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(10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
Sec. 10-14. Except as otherwise provided in this Code, not less than 74 days before the date of the general election
the State Board of Elections shall certify to the county clerk of each
county the name of each candidate whose nomination papers,
certificate of nomination, or resolution to fill a vacancy in nomination
has been filed with
the State Board of Elections and direct the county clerk to place upon
the official ballot for the general election the names of such candidates
in the same manner and in the same order as shown upon the certification. The name of no
candidate for an office to
be filled by the electors of the entire state shall be placed upon the
official ballot unless his name is duly certified to the county clerk
upon a certificate signed by the members of the State Board of
Elections. The names of group candidates on petitions shall be certified
to the several county clerks in the order
in which such names appear on such petitions filed with
the State Board of Elections.
Except as otherwise provided in this Code, not less than 68 days before the date of the general election, each
county clerk shall certify the names of each of the candidates for county
offices whose nomination papers, certificates of nomination, or resolutions
to fill a vacancy in nomination have been filed with such clerk and declare
that the names of such candidates for the respective offices shall be
placed upon the official ballot for the general election in the same manner
and in the same order as shown upon the certification. Each county clerk
shall place a copy of the certification on file in his or her office and at
the same time issue to the State Board of Elections a copy of such
certification. In addition, each county clerk in whose county there is a
board of election commissioners
shall, not
less than 69 days before the election, certify to the board of election
commissioners the name of the person or persons nominated for such
office as shown by the certificate of the State Board of Elections,
together with the names of all other candidates as shown
by the certification of county officers on file in the clerk's office, and
in the order so certified. The county clerk or board of election commissioners
shall print
the names of the nominees on the ballot for each office in the order in
which they are certified to or filed with the county clerk; provided,
that in printing the name of nominees for any office, if any of such
nominees have also been nominated by one or more political parties
pursuant to this Code, the location of the name of such candidate on the
ballot for nominations made under this Article shall be precisely in the
same order in which it appears on the certification of the State Board
of Elections to the county clerk.
For the general election,
the candidates of new political parties shall be placed on the ballot for
said election after the established political party candidates
and in the order of new political party petition filings.
Each certification shall indicate, where applicable, the following:
(1) The political party affiliation, if any, of the | ||
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(2) If there is to be more than one candidate elected | ||
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(3) If the voter has the right to vote for more than | ||
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(4) The term of office, if a vacancy is to be filled | ||
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The State Board of Elections or the county clerk, as the case may be,
shall issue an amended certification whenever it is discovered that the
original certification is in error.
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.)
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(10 ILCS 5/10-15) (from Ch. 46, par. 10-15)
Sec. 10-15. Not less than 68 days before the date of the consolidated and
nonpartisan elections, each local election official with whom
certificates of nomination or nominating petitions have been filed shall
certify to each election authority having jurisdiction over any of the
territory of his political subdivision the names of all candidates
entitled to be printed on the ballot for offices of that political
subdivision to be voted upon at such election and direct the election
authority to place upon the official ballot for such election the names of
such candidates in the same manner and in the same order as shown upon the
certification.
The local election officials shall certify such candidates for each
office in the order in which such candidates' certificates of nomination
or nominating petitions were filed in his office. However, subject to appeal,
the names of candidates whose petitions have been held invalid by the appropriate
electoral board provided in Section 10-9 of this Act shall not be so certified. The
certification shall be modified as necessary to comply with the
requirements of any other statute or any ordinance adopted pursuant to
Article VII of the Constitution prescribing specific provisions for
nonpartisan elections, including without limitation Articles 4 and 5 of
"The Municipal Code" or Article 9 of The School Code.
In every instance where applicable, the following shall also be indicated
in the certification:
(1) The political party affiliation, if any, of the | ||
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(2) Where there is to be more than one candidate | ||
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(3) Where a voter has the right to vote for more than | ||
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(4) The terms of the office to be on the ballot, when | ||
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(5) The territory in which a candidate is required by | ||
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(6) Where a candidate's nominating papers or | ||
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(7) Where a candidate's nominating papers or | ||
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For the consolidated election, and for the general primary in the case
of certain municipalities having annual elections, the candidates of new
political parties shall be placed on the ballot for such elections after
the established political party candidates and in the order of new political
party petition filings.
The local election official shall issue an amended certification
whenever it is discovered that the original certification is in error.
(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
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(10 ILCS 5/Art. 11 heading) ARTICLE 11.
ESTABLISHMENT OF ELECTION PRECINCTS
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(10 ILCS 5/11-1) (from Ch. 46, par. 11-1)
Sec. 11-1.
In counties not under township organization, the election
precincts shall remain as now established until changed by the Board of
County Commissioners, but said County Board may, from time to time,
change the boundaries of election precincts and establish new ones. In
counties under township organization, each town shall constitute at
least one election precinct. Insofar as is practicable, each precinct
shall be situated within a single congressional, legislative and
representative district and within a single municipal ward.
In order to situate each precinct within a single district or ward, the
County Board shall change the boundaries of election precincts after each
decennial census as soon as is practicable following the completion of
congressional and legislative redistricting.
At any consolidated primary or consolidated election at which
municipal officers are to be elected, and at any emergency referendum at
which a public question relating to a municipality is to be voted on,
notwithstanding any other provision of this Code, the election authority
shall establish a polling place within such municipality upon the request
of the municipal council or board of trustees at least 60 days before the
election and provided that the municipality
provides a suitable polling place. To accomplish
this purpose, the election authority may establish an election precinct
constituting a single municipality of under 500 population for all
elections, notwithstanding the minimum precinct size otherwise specified
herein.
Notwithstanding the above, when there
are not more than 50 registered voters in a precinct who are entitled to
vote in a local government or school district election, the election
authority having jurisdiction
over the precinct
is authorized to reassign such voters to one or more
polling places in adjacent precincts, within or
without the election authority's jurisdiction, for that
election. For the purposes of such local government or school district
election only, the votes of the reassigned voters shall be tallied and
canvassed as votes from the precinct of the polling place to which such
voters have been reassigned. The election authority having
jurisdiction over the precinct shall approve all administrative and polling
place procedures.
Such procedures shall take into account voter convenience, and ensure that the
integrity of the election process is maintained and that the secrecy of the
ballot is not violated.
Except in the event of a fire, flood or total loss of heat in a place
fixed or established by any election authority pursuant to this Section as
a polling place for an election, no election authority shall change the
location of a polling place so established for any precinct after notice of
the place of holding the election for that precinct has been given as
required under Article 12 unless the election authority notifies all
registered voters in the precinct of the change in location by first class
mail in sufficient time for such notice to be received by the registered
voters in the precinct at least one day prior to the date of the election.
The provisions of this Section apply to all precincts, including
those where voting machines or electronic voting systems are used.
If, as a result of the redistricting of legislative, representative, or
congressional districts following a decennial census, there exists a census
block with only one voter that is the only census block in a precinct that is
in a legislative, representative, or congressional district, then the county
board, at any meeting of the county board, may change the precinct boundaries
so that the census block is within a precinct that has more than one voter in
the legislative, representative, or congressional district.
(Source: P.A. 88-525.)
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(10 ILCS 5/11-2) (from Ch. 46, par. 11-2)
Sec. 11-2. Election precincts. The County Board in each county, except in counties having
a population of 3,000,000 inhabitants or over, shall, at its regular
meeting in June or an adjourned meeting in July, divide its election precincts so that each precinct shall contain,
as near as may be practicable, 1,200 registered voters. Insofar as
is practicable, each precinct shall be situated within a single congressional,
legislative and representative district and in not more than one County Board
district and one municipal ward. In order to situate each precinct within a
single district or ward, the County Board shall change the boundaries of
election precincts after each decennial census as soon as is practicable
following the completion of congressional and legislative redistricting, except that, in 2021, the county board shall change the boundaries at a regular or special meeting within 60 days after the effective date of this amendatory Act of the 102nd General Assembly.
In determining whether a division of precincts should be
made, the county board may anticipate increased voter registration in
any precinct in which there is in progress new construction of dwelling
units which will be occupied by voters more than 30 days before the next
election. Each district shall be composed of contiguous territory in as
compact form as can be for the convenience of the electors voting
therein. The several county boards in establishing districts shall
describe them by metes and bounds and number them. And so often
thereafter as it shall appear by the number of votes cast at the general
election held in November of any year, that any election district or
undivided election precinct contains more than 1,200 registered voters, the County
Board of the county in which the district or precinct may be, shall at
its regular meeting in June, or an adjourned meeting in July next, after
such November election, redivide or readjust such election district or
election precinct, so that no district or election precinct shall
contain more than the number of votes above specified. If for any reason
the County Board fails in any year to redivide or readjust the election
districts or election precinct, then the districts or precincts as then
existing shall continue until the next regular June meeting of the
County Board; at which regular June meeting or an adjourned meeting in
July the County Board shall redivide or readjust the election districts
or election precincts in manner as herein required. When at any meeting
of the County Board any redivision, readjustment or change in name or
number of election districts or election precincts is made by the County
Board, the County Clerk shall immediately notify the State Board of
Elections of such redivision, readjustment or change. The County Board
in every case shall fix and establish the places for holding elections
in its respective county and all elections shall be held at the places
so fixed. The polling places shall in all cases be upon the ground floor
in the front room, the entrance to which is in a highway or public
street which is at least 40 feet wide, and is as near the center of the
voting population of the precinct as is practicable, and for the
convenience of the greatest number of electors to vote thereat;
provided, however, where the County Board is unable to secure a suitable
polling place within the boundaries of a precinct, it may select a
polling place at the most conveniently located suitable place outside
the precinct; but in no case shall an election be held in any room used
or occupied as a saloon, dramshop, bowling alley or as a place of resort
for idlers and disreputable persons, billiard hall or in any room
connected therewith by doors or hallways. No person shall be permitted
to vote at any election except at the polling place for the precinct in
which he resides, except as otherwise provided in this Section or Article 19 of this
Act. In counties having a population of 3,000,000 inhabitants or over
the County Board shall divide its election precincts and shall fix and
establish places for holding elections as hereinbefore provided during
the month of January instead of at its regular meeting in June or at an
adjourned meeting in July.
However, in the event that additional divisions of election precincts
are indicated after a division made by the County Board in the month of
January, such additional divisions may be made by the County Board in
counties having a population of 3,000,000 inhabitants or over, at the
regular meeting in June or at adjourned meeting in July. The county
board of such county may divide or readjust precincts at any meeting of
the county board when the voter registration in a precinct has increased
beyond 1,800 registered voters and an election is scheduled before the next regular January
or June meeting of the county board.
When in any city, village or incorporated town territory has been
annexed thereto or disconnected therefrom, which annexation or
disconnection becomes effective after election precincts or election
districts have been established as above provided in this Section, the
clerk of the municipality shall inform the county clerk thereof as
provided in Section 4-21, 5-28.1, or 6-31.1, whichever is applicable. In
the event that a regular meeting of the County Board is to be held after
such notification and before any election, the County Board shall, at
its next regular meeting establish new election precinct lines in
affected territory. In the event that no regular meeting of the County
Board is to be held before such election the county clerk shall, within
5 days after being so informed, call a special meeting of the county
board on a day fixed by him not more than 20 days thereafter for the
purpose of establishing election precincts or election districts in the
affected territory for the ensuing elections.
At any consolidated primary or consolidated election at which
municipal officers are to be elected, and at any emergency referendum at
which a public question relating to a municipality is to be voted on,
notwithstanding any other provision of this Code, the election authority
shall establish a polling place within such municipality, upon the request
of the municipal council or board of trustees at least 60 days before the
election and provided that the municipality provides a suitable polling
place. To accomplish this purpose, the election authority may establish an
election precinct constituting a single municipality of under 500
population for all elections, notwithstanding the minimum precinct size
otherwise specified herein.
Notwithstanding the above, when there
are no more than 50 registered voters in a precinct who are entitled to
vote in a local government or school district election, the election
authority having
jurisdiction over the precinct
is authorized to reassign such voters to one or more polling
places in adjacent precincts, within or without the
election authority's jurisdiction, for that
election. For the purposes of such local government or school district
election only, the votes of the reassigned voters shall be tallied and
canvassed as votes from the precinct of the polling place to which such
voters have been reassigned. The election authority having
jurisdiction over the precinct shall approve all administrative and polling
place procedures.
Such procedures shall take into account voter convenience, and ensure that the
integrity of the election process is maintained and that the secrecy of the
ballot is not violated.
Except in the event of a fire, flood or total loss of heat in a place
fixed or established by any county board or election authority pursuant to
this Section as a polling place for an election, no election authority
shall change the location of a polling place so established for any
precinct after notice of the place of holding the election for that
precinct has been given as required under Article 12 unless the election
authority notifies all registered voters in the precinct of the change in
location by first class mail in sufficient time for such notice to be
received by the registered voters in the precinct at least one day prior to
the date of the election.
The provisions of this Section apply to all precincts, including
those where voting machines or electronic voting systems are used.
(Source: P.A. 102-668, eff. 11-15-21.)
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(10 ILCS 5/11-2.1) (from Ch. 46, par. 11-2.1)
Sec. 11-2.1.
The county board in each
county where any State soldiers' and sailors' home, or any national home
for disabled volunteer soldiers is located, the inhabitants of which are
entitled to vote, shall fix and establish the place or places for holding
elections, at some convenient and comfortable place or places easy of
access on the grounds and within the enclosures where such State soldiers'
and sailors' home, or homes, or national home for disabled volunteer
soldiers are located.
(Source: P.A. 84-808.)
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(10 ILCS 5/11-3) (from Ch. 46, par. 11-3)
Sec. 11-3. Election precincts. (a) It shall be the duty of the Board of Commissioners
established by Article 6 of this Act, within 2 months after its first
organization, to divide the city, village or incorporated town which may
adopt or is operating under Article 6, into election precincts, each of
which shall be situated within a single congressional, legislative
and representative district insofar as
is practicable and in not more than one County Board district and one
municipal ward;
in order to situate each precinct within a single district or ward, the
Board of Election Commissioners shall change the boundaries of election
precincts after each
decennial census as soon as is practicable following the completion of
congressional and legislative redistricting
and such precincts
shall contain as nearly as practicable: (i) 1,200 registered voters if the precinct is located in a county with fewer than 3,000,000 inhabitants; or (ii) 1,800 registered voters if the precinct is located in a county with 3,000,000 or more inhabitants. (b) Within 90 days after each presidential
election, such board in a city with fewer than 500,000 inhabitants, village
or incorporated town shall revise and rearrange such precincts on the
basis of the votes cast at such election, making such precincts to
contain, as near as practicable, 1,200 registered voters or 1,800 registered voters, as applicable. However, any apartment building
in which more than 1,200 or 1,800 registered voters, as applicable, reside may be made a single
precinct even though the vote in such precinct exceeds 1,200 or 1,800 registered voters, as applicable.
(c) Within 90 days after each presidential election, a board in a city with
more than 500,000 inhabitants shall revise and rearrange such precincts on
the basis of the votes cast at such election, making such precincts to
contain, as near as practicable: (i) 1,200 registered voters if the precinct is located in a county with fewer than 3,000,000 inhabitants; or (ii) 1,800 registered voters if the precinct is located in a county with 3,000,000 or more inhabitants. However, any apartment building in which more than
1,200 registered voters or 1,800 registered voters, as applicable, reside may be made a single precinct even though the
vote in such precinct exceeds 1,200 or 1,800 registered voters, as applicable.
(d) Immediately after the annexation of territory to the city, village or
incorporated town becomes effective the Board of Election Commissioners
shall revise and rearrange election precincts therein to include such
annexed territory.
(e) Provided, however, that at any election where but one candidate is
nominated and is to be voted upon at any election held in any political
subdivision of a city, village or incorporated town, the Board of
Election Commissioners shall have the power in such political
subdivision to determine the number of voting precincts to be
established in such political subdivision at such election, without
reference to the number of qualified voters therein. The precincts in
each ward, village or incorporated town shall be numbered from one
upwards, consecutively, with no omission.
(f) The provisions of this Section apply to all precincts, including
those where voting machines or electronic voting systems are used.
(Source: P.A. 102-668, eff. 11-15-21.)
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(10 ILCS 5/11-4) (from Ch. 46, par. 11-4)
Sec. 11-4.
It shall be the duty of the Board of Election Commissioners,
established under Article 6 of this Act, to appoint the place of registry
in each precinct for the first registration under Article 6 of this Act and
the places for registry in subsequent registrations in the manner provided
by such Article, and also the polling place in each precinct in such city,
village or incorporated town which has adopted or is operating under said
Article 6, and to give public notice thereof, and shall cause the same to
be fitted up, warmed, lighted and cleaned, but in each election precinct
and in each area for which a registration place is designated such place or
places shall be in the most public, orderly and convenient portions
thereof, and no building or part of a building shall be designated or used
as a place of registry, or revision of registration, or as a polling place,
in which spirituous or intoxicating liquor is sold. Provided, however,
where the Board of Election Commissioners is unable to secure a suitable
polling place within the boundaries of a precinct, it may select a polling
place on a street immediately adjacent to and adjoining the precinct. Said
Board of Election Commissioners may demand of the chief of police or the
sheriff, to furnish officers of the law to attend during the progress of
any registration, revision or election, at any place or places of
registration, or any polling place, or places, designated by said
commissioners, or to attend at any meeting of said commissioners. Said
officers of the law, shall be furnished by said chief of police or sheriff
and shall be stationed in the place or places of registration and polling
place or places in such manner as said commissioners shall direct, and
during said assignment shall be under the direction and control of the
election commissioners.
Notwithstanding the above, when there
are no more than 50 registered voters in a precinct
who are entitled to
vote in a local government or school district election,
the election authority
having jurisdiction over the precinct,
is authorized to reassign such voters
to one or more polling
places in adjacent precincts, within or without the
election authority's jurisdiction, for that election. For
the purposes of such local government or school district election only, the
votes of the reassigned voters
shall be tallied and canvassed as votes from the precinct of the polling place to which
such voters have been reassigned.
The election authority having jurisdiction over the precinct shall approve
all administrative and polling place procedures.
Such procedures shall take into account voter convenience, and ensure that the
integrity of the election process is maintained and that the secrecy of the
ballot is not violated.
Except in the event of a fire, flood or total loss of heat in a place
fixed or established by the Board of Election Commissioners pursuant to
this Section as a polling place for an election, no election authority
shall change the location of a polling place so established for any
precinct after notice of the place of holding the election for that
precinct has been given as required under Article 12 unless the election
authority notifies all registered voters in the precinct of the change in
location by first class mail in sufficient time for such notice to be
received by the registered voters in the precinct at least one day prior to
the date of the election. If, within the 10 days before any election, an election authority changes a polling location, the election authority shall send notice by electronic mail or phone call to the township committeeperson, ward committeeperson, or precinct committeepersons, as applicable, as soon as the location of the polling place is changed.
(Source: P.A. 103-467, eff. 8-4-23.)
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(10 ILCS 5/11-4.1) (from Ch. 46, par. 11-4.1)
Sec. 11-4.1. (a) In appointing polling places under this Article, the
county board or board of election commissioners shall, insofar as they are
convenient and available, use schools and other public buildings as polling
places.
(b) Upon request of the county board or board of election commissioners,
the proper agency of government (including school districts and units of
local government) shall make a public building under its control available
for use as a polling place on an election day and for a reasonably
necessary time before and after election day, without charge.
If the county board or board of election commissioners chooses a school
to be a polling place, then the school district must make the school
available for use as a polling place.
However, for the day of the election, a school district is encouraged to (i) close the school or (ii) hold a teachers institute on that day with students not in attendance.
(c) A government agency which makes a public building under its
control available for use as a polling place shall (i) ensure the portion of
the building to be used as the polling place is accessible to voters with disabilities
and elderly voters and (ii) allow the election authority to administer the election as authorized under this Code.
(d) If a qualified elector's precinct polling place is a school and the elector will be unable to enter that polling place without violating Section 11-9.3 of the Criminal Code of 2012 because the elector is a child sex offender as defined in Section 11-9.3 of the Criminal Code of 2012, that elector may vote by a vote by mail ballot in accordance with Article 19 of this Code or may vote early in accordance with Article 19A of this Code. (Source: P.A. 98-773, eff. 7-18-14; 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
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(10 ILCS 5/11-4.2) (from Ch. 46, par. 11-4.2)
Sec. 11-4.2.
(a) Except as otherwise provided in subsection (b) all
polling places shall be accessible to voters with disabilities and elderly voters, as
determined by rule of the State Board of Elections, and each polling place shall include at least one voting booth that is wheelchair accessible.
(b) Subsection (a) of this Section shall not apply to a polling place
(1) in the case of an emergency, as determined by the State Board of
Elections; or (2) if the State Board of Elections (A) determines that all
potential polling places have been surveyed and no such accessible place is
available, nor is the election authority able to make one accessible; and
(B) assures that any voter with a disability or elderly voter assigned to an
inaccessible polling place, upon advance request of such voter (pursuant to
procedures established by rule of the State Board of Elections) will be
provided with an alternative means for casting a ballot on the day of the
election or will be assigned to an accessible polling place.
(c) No later than December 31 of each even numbered year, the State
Board of Elections shall report to the General Assembly and the Federal Election Commission the
number of accessible and inaccessible polling places in the State on the
date of the next preceding general election, and the reasons for any
instance of inaccessibility.
(Source: P.A. 102-668, eff. 11-15-21.)
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(10 ILCS 5/11-4.3) (from Ch. 46, par. 11-4.3)
Sec. 11-4.3.
All polling places and permanent registration
facilities shall have available registration and voting aids for
persons with disabilities and elderly individuals including instructions, printed in
large type, conspicuously displayed.
(Source: P.A. 99-143, eff. 7-27-15.)
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