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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/12A-2 (10 ILCS 5/12A-2)
Sec. 12A-2. Definitions. As used in this Article, unless the context
otherwise
requires:
"Board" means the State Board of Elections.
"Internet Guide" refers to information disseminated by the State Board of
Elections on a website, pursuant to Section 12A-5.
"Local election authority" means a county clerk or board of election
commissioners.
"Public question" or "question" means any question, proposition, or
referendum
submitted to the voters under Article 28 of this Code.
"Statewide candidate" means any candidate who runs for a statewide office,
including Governor, Lieutenant Governor, Attorney General, Secretary of State,
Treasurer, Comptroller, United States President, or United States Senator.
"Voters' guide" means any information disseminated by the State Board of
Elections pursuant to
Section 12A-5.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-5
(10 ILCS 5/12A-5)
Sec. 12A-5. Internet Guide.
The Board shall publish, no later than the 45th day before a general election
in which a
statewide candidate appears on the ballot, an Internet website with the
following
information:
(1) The date and time of the general election.
(2) Requirements for a citizen to qualify as an | |
(3) The deadline for registering as an elector in the
| | State of Illinois for the next election.
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(4) Contact information for local election
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(5) A description of the following offices, when they
| | appear on the ballot, including their term of office, basic duties, and base salary: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge. The Board shall not include information on any office other than the offices listed in this item (5).
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(6) The names and party affiliations of qualified
| | candidates for the following offices, when these offices appear on the ballot: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge. The Board shall not include information on candidates for any office other than the offices listed in this item (6).
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(7) Challenged candidates. Where a candidate's right
| | to appear on the general election ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear on the Internet Guide, subject to the other provisions of Section 12A-10. In this instance, the Board may note that the candidate's candidacy has been challenged and that he or she may be removed from the ballot prior to election day. If the candidate is removed from the ballot prior to election day, the Board shall remove the candidate's name and other information from the Internet Guide.
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(8) Any personal statement and photograph submitted
| | by a candidate named in the Internet Guide, subject to Sections 12A-10 and 12A-35.
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(9) A means by which an elector may determine what
| | type of balloting equipment is used by his or her local election authority, and the instructions for properly using that equipment.
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(10) The text of any public question that may appear
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(11) A mechanism by which electors may determine in
| | which congressional and judicial districts they reside. The Internet Guide shall allow visitors to search for candidates by office (e.g., Governor or United States Senator) and candidate's name.
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(12) Information concerning how to become an election
| | The Board shall archive the contents of the Internet Guide for a period of at
least 5
years.
In addition, the Board has the discretion to publish a voters' guide before a general primary election in the manner provided in this Article.
(Source: P.A. 94-645, eff. 8-22-05.)
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10 ILCS 5/12A-10 (10 ILCS 5/12A-10)
Sec. 12A-10. Candidate statements and photographs in the Internet Guide.
(a) Any candidate whose name appears in the Internet Guide may submit a
written
statement and a photograph to appear in the Internet Guide, provided that:
(1) No personal statement may exceed a brief | | biography (name, age, education, and current employment) and an additional 400 words.
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(2) Personal statements may include contact
| | information for the candidate, including the address and phone number of the campaign headquarters, and the candidate's website.
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(3) Personal statements may not mention a candidate's
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(4) No personal statement may include language that
| | may not be legally sent through the mail.
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(5) The photograph shall be a conventional photograph
| | with a plain background and show only the face, or the head, neck, and shoulders, of the candidate.
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(6) The photograph shall not (i) show the candidate's
| | hands, anything in the candidate's hands, or the candidate wearing a judicial robe, a hat, or a military, police, or fraternal uniform or (ii) include the uniform or insignia of any organization.
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(b) The Board must note in the text of the Internet Guide that personal
statements were
submitted by the candidate or his or her designee and were not edited by the
Board.
(c) Where a candidate declines to submit a statement, the Board may note
that
the
candidate declined to submit a statement.
(d) (Blank.)
(e) Anyone other than the candidate submitting a statement or photograph
from a
candidate must attest that he or she is doing so on behalf and at the direction
of
the
candidate. The Board may assess a civil fine of no more than $1,000 against a
person or entity who falsely
submits a statement or photograph not authorized by the
candidate.
(f) Nothing in this Article makes the author of any statement exempt from
any
civil
or
criminal action because of any defamatory statements offered for posting or
contained in
the Internet Guide. The persons writing, signing, or offering a statement for
inclusion in
the Internet Guide are deemed to be its authors and publishers, and the
Board shall not
be liable in any case or action relating to the content of any material
submitted by any
candidate.
(g) The Board may set reasonable deadlines for the submission of personal
statements and
photographs.
(h) The Board may set formats for the submission of statements and
photographs. The
Board may require that statements and photographs are submitted in an
electronic format.
(i) Fines
collected pursuant to subsection
(e) of this Section shall be deposited into the Voters' Guide Fund, a special fund created in the State treasury. Moneys in the Voters' Guide Fund shall be appropriated solely to the State Board of Elections for use in the implementation and administration of this Article 12A.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
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10 ILCS 5/12A-15 (10 ILCS 5/12A-15)
Sec. 12A-15. Language. The Board may translate all of the material it is
required to
provide for the Internet Guide into other languages as it deems necessary to
comply with
the federal Voting Rights Act or at its discretion. Visitors to the site shall
have the
option of viewing the Guide in all languages into which the Guide has been
translated.
Candidates may, at their option and expense, submit statements in languages
other than
English. The Board shall not be responsible for translating candidate
statements.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-35 (10 ILCS 5/12A-35)
Sec. 12A-35. Board's review of candidate photograph and statement;
procedure
for
revision.
(a) If a candidate files a photograph and statement
under item (8) of Section 12A-5 in a voters' guide, the Board shall review the
photograph and
statement to ensure that they comply with the requirements of Section 12A-10. Review by the Board under this Section shall be limited
to
determining whether the photograph and statement comply with the requirements
of
Section 12A-10 and may not include any determination relating
to the
accuracy or truthfulness of the substance or contents of the materials filed.
(b) The Board shall review each photograph and statement. If the Board
determines
that the photograph or statement of a candidate must be revised in order to
comply with
the requirements of Section 12A-10, the Board
shall
attempt to contact the candidate. A candidate contacted by the Board under this Section
may
file a revised photograph or statement no later than the 5th
business day
following notification
.
(c) If the Board is required to attempt to contact a candidate under
subsection (b) of this
Section, the Board shall attempt to contact the candidate by telephone or by
using an
electronic transmission facsimile machine, if such contact information is
provided by the
candidate.
(d) If the Board is unable to contact a candidate, if the candidate does
not file a
revised photograph or statement, or if the revised filing under subsection (b)
again
fails to meet the standards of review set by the Board:
(1) If a photograph does not comply with Section | | 12A-10, the Board may modify the photograph. The candidate shall pay the expense of any modification before publication of the photograph in the voters' guide. If the photograph cannot be modified to comply with Section 12A-10, the photograph shall not be printed in the guide.
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(2) If a statement does not comply with Section
| | 12A-10, the statement shall not be published in the voters' guide.
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(e) If the photograph or statement of a candidate filed under item (8)
of Section
12A-5 does not comply with a requirement
of Section 12A-10 and the Board does not attempt to contact the
candidate by
the deadline
specified in subsection (b) of this Section, then, for purposes of this Section
only, the
photograph or statement shall be published as filed.
(f) A candidate revising a photograph or statement under this Section shall
make only
those revisions necessary to comply with Section 12A-10.
(g) The Board may by rule define the term "contact" as used in this
Section.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)
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10 ILCS 5/12A-40 (10 ILCS 5/12A-40)
Sec. 12A-40. Exemption from public records laws.
Notwithstanding any other
provision of law, materials filed by a candidate, political party, political
committee, or
other person for inclusion in a voters' guide are exempt from public inspection
until the
4th business day after the final date for filing the materials.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-45 (10 ILCS 5/12A-45)
Sec. 12A-45. Material submitted for inclusion in any voters' guide may not
be
admitted
as evidence in any suit or action against the Board to restrain or enjoin the
publication of
a voters' guide.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-50 (10 ILCS 5/12A-50)
Sec. 12A-50. Order of appearance within the guides. For all guides
disseminated
by the
Board, all information about offices and candidates on the ballot shall be
listed together
in the same part of the guide or insert. All candidates for one office,
together with their
statements and photographs if any,
shall be listed before information on other offices and candidates is listed.
To the extent
possible, offices and candidates shall be listed in the same order in which
they appear
on the ballot.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/12A-55 (10 ILCS 5/12A-55)
Sec. 12A-55. Constitutional issues. If a constitutional amendment appears
on
the ballot,
the contents of the pamphlet issued by the Secretary of State under Section 2
of the Illinois Constitutional Amendment Act may be included in any guide
issued by the
Board.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/Art. 13
(10 ILCS 5/Art. 13 heading)
ARTICLE 13.
JUDGES OF ELECTION
(OUTSIDE OF JURISDICTION OF BOARDS
OF ELECTION COMMISSIONERS)
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10 ILCS 5/13-1
(10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
Sec. 13-1. In counties not under township organization, the county
board of commissioners shall at its meeting in July
in each
even-numbered year appoint in each election precinct 5 capable and
discreet persons meeting the qualifications of Section 13-4 to
be judges of election. Where neither voting machines nor electronic,
mechanical or electric voting systems are used, the county board may,
for any precinct with respect to which the board considers such action
necessary or desirable in view of the number of voters, and shall for
general elections for any precinct containing more than 600 registered
voters, appoint in addition to the 5 judges of election a team of 5
tally judges. In such precincts the judges of election shall preside
over the election during the hours the polls are open, and the tally
judges, with the assistance of the holdover judges designated pursuant
to Section 13-6.2, shall count the vote after the closing of the polls.
However, the County Board of Commissioners may appoint 3 judges of election
to serve in lieu of the 5 judges of election otherwise required by this
Section (1) to serve in any emergency referendum, or in any odd-year regular
election or in any special primary or special election called
for the purpose of filling a vacancy in the office of representative in
the United States Congress or to nominate candidates for such purpose or (2) if the county board passes an ordinance to reduce the number of judges of election to 3 for primary elections.
The tally judges shall possess the same qualifications and shall be
appointed in the same manner and with the same division between
political parties as is provided for judges of election.
In addition to such precinct judges, the county board of
commissioners shall appoint special panels of 3 judges each, who shall
possess the same qualifications and shall be appointed in the same
manner and with the same division between political parties as is
provided for other judges of election. The number of such panels of
judges required shall be determined by regulations of the State Board of
Elections which shall base the required numbers of special panels on the
number of registered voters in the jurisdiction or the number of vote by mail
ballots voted at recent elections, or any combination of such factors.
Such appointment shall be confirmed by the court as provided in
Section 13-3 of this Article. No more than 3 persons of the same
political party shall be appointed judges of the same election precinct
or election judge panel. The appointment shall be made in the following
manner: The county board of commissioners shall select and approve 3
persons as judges of election in each election precinct from a certified
list, furnished by the chair of the County Central Committee of the
first leading political party in such precinct; and the county board of
commissioners shall also select and approve 2 persons as judges of
election in each election precinct from a certified list, furnished by
the chair of the County Central Committee of the second leading
political party. However, if only 3 judges of election serve in each
election precinct, no more than 2 persons of the same political party shall
be judges of election in the same election precinct; and which political
party is entitled to 2 judges of election and which political party is
entitled to one judge of election shall be determined in the same manner as
set forth in the next two preceding sentences with regard to 5 election
judges in each precinct. Such certified list shall be filed with the county
clerk not less than 10 days before the annual meeting of the county
board of commissioners. Such list shall be arranged according to
precincts. The chair of each county central committee shall, insofar
as possible, list persons who reside within the precinct in which they
are to serve as judges. However, he may, in his sole discretion, submit
the names of persons who reside outside the precinct but within the
county embracing the precinct in which they are to serve. He must,
however, submit the names of at least 2 residents of the precinct for
each precinct in which his party is to have 3 judges and must submit the
name of at least one resident of the precinct for each precinct in which
his party is to have 2 judges. The county board of commissioners shall
acknowledge in writing to each county chair the names of all persons
submitted on such certified list and the total number of persons listed
thereon. If no such list is filed or such list is incomplete (that is,
no names or an insufficient number of names are furnished for certain
election precincts), the county board of commissioners shall make or
complete such list from the names contained in the supplemental list
provided for in Section 13-1.1. The election judges shall hold their
office for 2 years from their appointment, and until their successors
are duly appointed in the manner provided in this Act. The county board
of commissioners shall fill all vacancies in the office of judge of
election at any time in the manner provided in this Act.
(Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19 .)
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10 ILCS 5/13-1.1
(10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
Sec. 13-1.1.
In addition to the list provided for in Section 13-1 or 13-2, the chair
of the county central committee, or each township committeeperson in a county with a population of more than 3,000,000, of each of the two leading
political parties shall submit to the county board a supplemental list,
arranged according to precincts in which they are to serve, of persons
available as judges of election, the names and number of all persons listed
thereon to be acknowledged in writing to the county chair or township committeeperson, as the case may be, submitting
such list by the county board. Vacancies among the judges of election shall
be filled by selection from this supplemental list of persons qualified
under Section 13-4. If the list provided for in Section 13-1 or 13-2 for
any precinct is exhausted, then selection shall be made from the
supplemental list submitted by the chair of the county central committee, or each township committeeperson in a county with a population of more than 3,000,000,
of the party. If such supplemental list is exhausted for any precinct, then
selection shall be made from any of the persons on the supplemental list
without regard to the precincts in which they are listed to serve. No
selection or appointment from the supplemental list shall be made more than
21 days prior to the date of precinct registration for those judges needed
as precinct registrars, and more than 60 days prior to the date of
an
election for those additional persons needed as election judges. In any
case where selection cannot be made from the supplemental list without
violating Section 13-4, selection shall be made from outside the
supplemental list of some person qualified under Section 13-4.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/13-2
(10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
Sec. 13-2. In counties under the township organization the county
board shall at its meeting in July in each even-numbered year
except in counties containing a population of 3,000,000 inhabitants or
over and except when such judges are appointed by election
commissioners, select in each election precinct in the county, 5 capable
and discreet persons to be judges of election who shall
possess the
qualifications required by this Act for such judges. Where neither
voting machines nor electronic, mechanical or electric voting systems
are used, the county board may, for any precinct with respect to which
the board considers such action necessary or desirable in view of the
number of voters, and shall for general elections for any precinct
containing more than 600 registered voters, appoint in addition to the 5
judges of election a team of 5 tally judges. In such precincts the
judges of election shall preside over the election during the hours the
polls are open, and the tally judges, with the assistance of the
holdover judges designated pursuant to Section 13-6.2, shall count the
vote after the closing of the polls. The tally judges shall possess the
same qualifications and shall be appointed in the same manner and with
the same division between political parties as is provided for judges of
election.
However, the county board may appoint 3 judges of election to serve in
lieu of the 5 judges of election otherwise required by this Section (1) to serve
in any emergency referendum, or in any odd-year regular election
or in any special primary or special election called for the purpose of
filling a vacancy in the office of representative in the United States Congress
or to nominate candidates for such purpose or (2) if the county board passes an ordinance to reduce the number of judges of election to 3 for primary elections.
In addition to such precinct judges, the county board shall appoint
special panels of 3 judges each, who shall possess the same
qualifications and shall be appointed in the same manner and with the
same division between political parties as is provided for other judges
of election. The number of such panels of judges required shall be
determined by regulations of the State Board of Elections, which shall
base the required number of special panels on the number of registered
voters in the jurisdiction or the number of absentee ballots voted at
recent elections or any combination of such factors.
No more than 3 persons of the same political party shall be appointed
judges in the same election district or undivided precinct. The election
of the judges of election in the various election precincts shall be
made in the following manner: The county board shall
select and approve 3 of the election judges in each precinct from a
certified list furnished by the chair of the County Central Committee
of the first leading political party in such election precinct and shall also
select and approve 2 judges of election in each election precinct from a
certified list furnished by the chair of the County Central Committee
of the second leading political party in such election precinct. However,
if only 3 judges of election serve in each election precinct, no more than 2
persons of the same political party shall be judges of election in the same
election precinct; and which political party is entitled to 2 judges of
election and which political party is entitled to one judge of election shall
be determined in the same manner as set forth in the next two preceding
sentences with regard to 5 election judges in each precinct. The respective
County Central Committee chair shall notify the county board by June 1 of
each odd-numbered year immediately preceding the annual meeting of the county
board whether or not such certified list will be filed by such chair. Such
list shall be arranged according to precincts. The chair of each county
central committee shall, insofar as possible, list persons who reside within
the precinct in which they are to serve as judges. However, he may, in his sole
discretion, submit the names of persons who reside outside the precinct but
within the county embracing the precinct in which they are to serve. He must,
however, submit the names of at least 2 residents of the precinct for each
precinct in which his party is to have 3 judges and must submit the name of at
least one resident of the precinct for each precinct in which his party is to
have 2 judges. Such certified list, if filed, shall be filed with the county
clerk not less than 20 days before the annual meeting of the county board. The
county board shall acknowledge in writing to each county chair the names of
all persons submitted on such certified list and the total number of persons
listed thereon. If no such list is filed or the list is incomplete (that is, no
names or an insufficient number of names are furnished for certain election
precincts), the county board shall make or complete such list from the names
contained in the supplemental list provided for in Section 13-1.1. Provided,
further, that in any case where a township has been or shall be redistricted,
in whole or in part, subsequent to one general election for Governor, and prior
to the next, the judges of election to be selected for all new or altered
precincts shall be selected in that one of the methods above detailed, which
shall be applicable according to the facts and circumstances of the particular
case, but the majority of such judges for each such precinct shall be selected
from the first leading political party, and the minority judges from the second
leading political party. Provided, further, that in counties having a
population of 3,000,000 inhabitants or over the selection of judges of election
shall be made in the same manner in all respects as in other counties, except
that the provisions relating to tally judges are inapplicable to such counties
and except that the county board shall meet during the month of January for the
purpose of making such selection, each township committeeperson shall assume the responsibilities given to the chair of the county central committee in this Section for the precincts within his or her township, and the township committeeperson shall notify the county board by the preceding October 1 whether or
not the certified list will be filed. Such judges of election shall hold their
office for 2 years from their appointment and until their successors are duly
appointed in the manner provided in this Act. The county board shall fill all
vacancies in the office of judges of elections at any time in the manner herein
provided.
Such selections under this Section shall be confirmed by the circuit
court as provided in Section 13-3 of this Article.
(Source: P.A. 100-337, eff. 8-25-17; 100-1027, eff. 1-1-19 .)
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10 ILCS 5/13-2.1
(10 ILCS 5/13-2.1) (from Ch. 46, par. 13-2.1)
Sec. 13-2.1.
In each county the County Clerk shall establish a training
course for judges of elections not subject to Article 14 of this Act. The
curriculum of such course shall be approved by the County Clerk. A suitable
certificate shall be issued by the County Clerk to each student upon his
satisfactory completion of the course.
Such course may be established jointly with a course in the county
established as provided in Section 14-4.1 of this Act.
(Source: Laws 1961, p. 3399 .)
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