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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 5/1-16 (10 ILCS 5/1-16) Sec. 1-16. Election authorities; notices by electronic mail. If an election authority is required by law to send an election-related notice to an individual, that election authority may send that notice solely by electronic mail if the individual provides a current e-mail address to the election authority and authorizes the election authority to send notices by electronic mail. For the purposes of this Section, the term "notice" does not include a ballot or any notice required under Sections 1A-16.5 or 1A-16.7 of this Code.
(Source: P.A. 100-464, eff. 8-28-17.) |
10 ILCS 5/1-17 (10 ILCS 5/1-17) Sec. 1-17. Election authority voting equipment information. Every 2 years, each election authority shall submit information on the voting equipment used within the jurisdiction of the election authority to the State Board of Elections. The information must include: (1) the age and functionality of each item of voting | | (2) a formal letter containing a general description
| | of the status of the voting equipment, the election authority's perceived need for new voting equipment, and the costs associated with obtaining new equipment.
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| Each election authority must publish the information submitted under this Section online.
(Source: P.A. 100-623, eff. 7-20-18.)
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10 ILCS 5/1-18 (10 ILCS 5/1-18) Sec. 1-18. Cybersecurity. (a) Each election authority maintaining a website shall begin utilizing a ".gov" website address and a ".gov" electronic mail address for each employee within one year of the effective date of this amendatory Act of the 102nd General Assembly. The integrity of election authorities' websites and electronic mail addresses shall be protected using electronic mail security products provided by the Illinois Department of Innovation and Technology or a third-party vendor. (b) Each election authority shall perform an organizational risk assessment through the Cyber Navigator Program on a biennial basis. (c) Each election authority shall begin performing monthly vulnerability scans to defend against cyber breaches within 6 months after the effective date of this amendatory Act of the 102nd General Assembly. (d) Each election authority shall begin using endpoint detection and response security tools on all computers utilized by employees within one year of the effective date of this amendatory Act of the 102nd General Assembly.
(Source: P.A. 102-15, eff. 6-17-21.) |
10 ILCS 5/1-19 (10 ILCS 5/1-19) (Section scheduled to be repealed on July 1, 2025) Sec. 1-19. Access to Voting for Persons with Disabilities Advisory Task Force. (a) The Access to Voting for Persons with Disabilities Advisory Task Force is hereby created to review current laws and make recommendations to improve access to voting for persons with disabilities. Members of the Task Force shall be appointed as follows: (1) Three members appointed by the Governor, one of | | whom shall serve as chair, and at least one with experience representing or working with persons with physical disabilities and one with experience representing or working with person with neurological or mental disabilities;
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| (2) Three members appointed by the President of the
| | Senate, including at least one attorney with election law experience;
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| (3) Three members appointed by the Senate Minority
| | Leader, including at least one attorney with election law experience;
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| (4) Three members appointed by the Speaker of the
| | House of Representatives, including at least one attorney with election law experience;
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| (5) Three members appointed by the Minority Leader of
| | the House of Representatives, including at least one attorney with election law experience.
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| (b) The Task Force shall hold a minimum of 4 meetings. No later than August 1, 2022, the Task Force shall produce and the State Board of Elections shall publish on its website a report with a summary of the laws and resources available for persons with disabilities seeking to exercise their right to vote. The Task Force shall produce a report with recommendations for changes to current law or recommendations for election authorities submit the report to the Governor and General Assembly no later than December 15, 2022.
(c) The Members shall serve without compensation. If a vacancy occurs on the Task Force, it shall be filled according to the guidelines of the initial appointment. At the discretion of the chair, additional individuals may participate as non-voting members in the meetings of the Task Force.
(d) The State Board of Elections shall provide staff and administrative support to the Task Force.
(e) This Section is repealed on July 1, 2025.
(Source: P.A. 102-668, eff. 11-15-21; 103-467, eff. 8-4-23.)
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10 ILCS 5/1-20 (10 ILCS 5/1-20) Sec. 1-20. (Repealed).
(Source: P.A. 96-1008, eff. 7-6-10. Repealed internally, eff. 3-2-11.) |
10 ILCS 5/1-20.1 (10 ILCS 5/1-20.1) (Section scheduled to be repealed on January 1, 2026) Sec. 1-20.1. Task Force to Review Eligibility to Hold Public Office. (a) The Task Force to Review Eligibility to Hold Public Office is created. The purpose of the Task Force is to review what criminal conduct precludes a person from holding public office in this State and to make recommendations as to what criminal conduct should preclude an individual from holding public office. (b) The Task Force shall be comprised of the following members: (1) The president of a statewide bar association or | | his or her designee, the executive director of a statewide association advocating for the advancement of civil liberties or his or her designee, an executive director of a legal aid organization or statewide association with a practice group dedicated to or focused on returning citizen expungements and sealing of criminal records, all appointed by the Governor.
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| (2) 4 members of the public, one appointed by each of
| | the following: the Speaker of the House of Representatives; the Minority Leader of the House of Representatives; the President of the Senate; and the Minority Leader of the Senate.
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| (3) 2 individuals who have been formerly
| | incarcerated, appointed by the Governor.
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| (4) The Attorney General or his or her designee.
(5) 2 individuals from the Illinois Sentencing Policy
| | Advisory Council appointed by the Executive Director.
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| (6) 2 State Representatives appointed by the Speaker
| | of the House of Representatives; 2 State Representatives appointed by the Minority Leader of the House of Representatives; 2 State Senators appointed by the President of the Senate; 2 State Senators appointed by the Minority Leader of the Senate.
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| The members of the Task Force shall serve without compensation. All appointments under this subsection must be made within 30 days after the effective date of this amendatory Act of the 103rd General Assembly.
(c) The State Board of Elections shall provide administrative and technical support to the Task Force and be responsible for administering its operations and ensuring that the requirements of the Task Force are met. The Executive Director of the State Board of Elections shall appoint a cochairperson for the Task Force and the President of the Senate and the Speaker of the House of Representatives shall jointly appoint a cochairperson for the Task Force.
(d) The Task Force shall meet at least 4 times with the first meeting occurring within 60 days after the effective date of this amendatory Act of the 103rd General Assembly. The Executive Director of the State Board of Elections shall designate the day, time, and place for each meeting of the Task Force.
(e) The Task Force shall review what conduct currently precludes an individual from holding public office in this State; the policy rationale for precluding an individual from holding public office based on certain criminal conduct; available research and best practices for restoring returning individuals to full citizenship; and the processes of restoration of eligibility to hold public office in this State. After this review, the Task Force shall make recommendations as to what criminal conduct shall preclude an individual from holding public office in this State.
(f) The Task Force shall produce a report detailing the Task Force's findings and recommendations and needed resources. The Task Force shall submit a report of its findings and recommendations to the General Assembly and the Governor by May 1, 2025.
(g) This Section is repealed on January 1, 2026.
(Source: P.A. 103-562, eff. 11-17-23.)
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10 ILCS 5/1-21 (10 ILCS 5/1-21) (Section scheduled to be repealed on July 1, 2025) Sec. 1-21. Public Financing of Judicial Elections Task Force. (a) The Public Financing of Judicial Elections Task Force is hereby created for the purposes described in subsection (b). Members of the Task Force shall be appointed as follows: (1) one member appointed by the Governor; (2) one member appointed by the Attorney General; (3) 2 members appointed by the President of the | | (4) 2 members appointed by the Speaker of the House
| | (5) 2 members appointed by the Minority Leader of the
| | (6) 2 members appointed by the Minority Leader of the
| | House of Representatives.
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| (b) The Task Force shall study the feasibility of implementing a system of campaign finance that would allow public funds to be used to subsidize campaigns for candidates for judicial office in exchange for voluntary adherence by those campaigns to specified expenditure limitations. In conducting its study, the Task Force shall consider whether implementing such a system of public financing is in the best interest of the State. The Task Force may propose one or more funding sources for the public financing of judicial elections, including, but not limited to, fines, voluntary contributions, surcharges on lobbying activities, and a whistleblower fund. The Task Force shall consider the following factors:
(1) the amount of funds raised by past candidates for
| | (2) the amount of funds expended by past candidates
| | (3) the disparity in the amount of funds raised by
| | candidates for judicial office of different political parties;
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| (4) the amount of funds expended with respect to
| | campaigns for judicial office by entities not affiliated with a candidate;
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| (5) the amount of money contributed to or expended by
| | a committee of a political party to promote a candidate for judicial office;
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| (6) jurisprudence concerning campaign finance and
| | public financing of political campaigns, both for judicial office and generally; and
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| (7) any other factors that the Task Force determines
| | are related to the public financing of elections in this State.
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| The Task Force shall also suggest changes to current law that would be necessary to facilitate public financing of candidates for judicial office.
(c) The Task Force shall complete its study no later than June 30, 2024 and shall report its findings to the Governor and the General Assembly as soon as possible after the study is complete.
(d) The members shall serve without compensation but may be reimbursed for their expenses incurred in performing their duties. If a vacancy occurs on the Task Force, it shall be filled according to the guidelines of the initial appointment.
(e) The State Board of Elections shall provide staff and administrative support to the Task Force.
(f) As used in this Section, "judicial office" means nomination, election, or retention to the Supreme Court, the Appellate Court, or the Circuit Court.
(g) This Section is repealed on July 1, 2025.
(Source: P.A. 102-909, eff. 5-27-22; 103-467, eff. 8-4-23.)
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10 ILCS 5/1-22 (10 ILCS 5/1-22) (Section scheduled to be repealed on June 1, 2025) Sec. 1-22. The Illinois Elections and Infrastructure Integrity Task Force. (a) The Illinois Elections and Infrastructure Integrity Task Force is created. The Task Force shall consist of the following members: (1) 4 members appointed one each by the Speaker of | | the House of Representatives, the Minority Leader of the House of Representatives, the President of the Senate, and the Minority Leader of the Senate;
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| (2) one member with subject matter expertise
| | regarding cybersecurity, appointed by the Minority Leader of the House of Representatives;
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| (3) one member with subject matter expertise
| | regarding voting technology or election integrity, appointed by the Speaker of the House;
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| (4) one member who is an individual with current
| | experience in operational cybersecurity, preferably international operational cybersecurity, appointed by the President of the Senate;
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| (5) one county clerk, appointed by the Minority
| | (6) the Chair of the Board of Election Commissioners
| | for the City of Chicago or the Chair's designee;
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| (7) the county clerk of Cook County;
(8) one election administrator, appointed by the
| | (9) the Executive Director of the State Board of
| | Elections or the Executive Director's designee;
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| (10) the Secretary of State or the Secretary's
| | (11) the Director of the Illinois Emergency
| | Management Agency or the Director's designee;
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| (12) the Secretary of Innovation and Technology or
| | the Secretary's designee; and
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| (13) the Attorney General or the Attorney General's
| | (b) The Task Force shall evaluate and make recommendations to prepare for and prevent foreign interference in elections in advance of the 2024 election and all future elections in the State and to prepare for and prevent potential cyberattacks on State infrastructure. In carrying out its duties, the Task Force shall prioritize the security of all Illinois residents and cooperation with other states and with law enforcement to protect United States national sovereignty. The Task Force shall submit a report containing its findings and recommendations to the Governor and the General Assembly not later than January 1, 2024. The Task Force shall also submit a report evaluating the 2024 election to the Governor and the General Assembly not later than March 1, 2025.
(c) The State Board of Elections shall provide staff and administrative support to the Task Force.
(d) The Task Force is dissolved, and this Section is repealed, on June 1, 2025.
(Source: P.A. 102-1108, eff. 12-21-22 .)
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10 ILCS 5/1-23 (10 ILCS 5/1-23) (Section scheduled to be repealed on July 1, 2025) Sec. 1-23. Ranked-Choice and Voting Systems Task Force. (a) The Ranked-Choice and Voting Systems Task Force is created. The purpose of the Task Force is to review voting systems and the methods of voting, including ranked-choice voting, that could be authorized by law. The Task Force shall have the following duties: (1) Engage election officials, interested groups, and | | members of the public for the purpose of assessing the adoption and implementation of ranked-choice voting in presidential primary elections beginning in 2028.
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| (2) Review standards used to certify or approve the
| | use of a voting system, including the standards adopted by the U.S. Election Assistance Commission and the State Board of Elections.
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| (3) Advise whether the voting system used by Illinois
| | election authorities would be able to accommodate alternative methods of voting, including, but not limited to, ranked-choice voting.
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| (4) Make recommendations or suggestions for changes
| | to the Election Code or administrative rules for certification of voting systems in Illinois to accommodate alternative methods of voting, including ranked-choice voting.
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| (b) On or before June 30, 2025, the Task Force shall publish a final report of its findings and recommendations. The report shall, at a minimum, detail findings and recommendations related to the duties of the Task Force and the following:
(1) the process used in Illinois to certify voting
| | systems, including which systems can conduct ranked-choice voting; and
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| (2) information about the voting system used by
| | election authorities, including which election authorities rely on legacy hardware and software for voting and which counties and election authorities rely on equipment for voting that has not exceeded its usable life span but require a software upgrade to accommodate ranked-choice voting. In this paragraph, "legacy hardware and software" means equipment that has exceeded its usable life span.
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| (c) The Task Force shall consist of the following members:
(1) 4 members, appointed by the Senate President,
| | including 2 members of the Senate and 2 members of the public;
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| (2) 4 members, appointed by the Speaker of the House
| | of Representatives, including 2 members of the House of Representatives and 2 members of the public;
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| (3) 4 members, appointed by the Minority Leader of
| | the Senate, including 2 members of the Senate and 2 members of the public;
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| (4) 4 members, appointed by the Minority Leader of
| | the House of Representatives, including 2 members of the House of Representatives and 2 members of the public;
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| (5) 4 members, appointed by the Governor, including
| | at least 2 members with knowledge and experience administering elections.
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| (d) Appointments to the Task Force shall be made within 30 days after the effective date of this amendatory Act of the 103rd General Assembly. Members shall serve without compensation.
(e) The Task Force shall meet at the call of a co-chair at least quarterly to fulfill its duties. At the first meeting of the Task Force, the Task Force shall elect one co-chair from the members appointed by the Senate President and one co-chair from the members appointed by the Speaker of the House of Representatives.
(f) The State Board of Elections shall provide administrative support for the Task Force.
(g) This Section is repealed, and the Task Force is dissolved, on July 1, 2025.
(Source: P.A. 103-467, eff. 8-4-23; 103-563, eff. 11-17-23.)
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10 ILCS 5/1-24 (10 ILCS 5/1-24) (Section scheduled to be repealed on January 1, 2025) Sec. 1-24. 2024 Election Day State holiday. Notwithstanding any other provision of State law to the
contrary, the 2024 general election shall be a State holiday known as
2024 General Election Day and shall be observed throughout this
State. The 2024 general election shall be deemed a legal school holiday
for purposes of the School Code. Any school closed under this amendatory Act of
the 103rd General Assembly and Section 24-2 of the School Code
shall be made available to an election authority as a polling
place for 2024 General Election Day. This Section is repealed on January 1, 2025.
(Source: P.A. 103-467, eff. 8-4-23.) |
10 ILCS 5/1-25 (10 ILCS 5/1-25) (Section scheduled to be repealed on July 1, 2026) Sec. 1-25. The Security of Remote Vote by Mail Task Force. (a) The Security of Remote Vote by Mail Task Force is hereby created for the purposes described in subsection (b). Members of the Task Force shall be appointed as follows: (1) 2 members who identify as a voter with a print | | disability appointed by the Governor;
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| (2) 2 members who have experience with absent
| | military and naval service voting appointed by the Governor;
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| (3) one member with expertise in cybersecurity
| | appointed by the Governor;
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| (4) one member with expertise in election security
| | appointed by the Governor;
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| (5) one member with expertise in administering
| | elections appointed by the Governor;
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| (6) 2 members appointed by the President of the
| | (7) 2 members appointed by the Speaker of the House
| | (8) 2 members appointed by the Minority Leader of the
| | (9) 2 members appointed by the Minority Leader of the
| | House of Representatives.
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| (b) The Task Force shall study the feasibility of implementing a remote vote by mail system that would allow an election authority to transmit a vote by mail ballot electronically to a voter, and allow the voter to mark, verify, and return the ballot to the election authority electronically. In conducting its study, the Task Force shall consider whether implementing such a system of remote vote by mail is a safe and secure way to vote; what methods of remote voting exist within the United States; and what factors, if any, mitigate security related concerns in relation to implementing a remote vote by mail system. The Task Force shall also suggest changes to current law that would be necessary to implement a remote vote by mail system that would allow an election authority to transmit a vote by mail ballot electronically to a voter, and allow the voter to mark, verify, and return the ballot to the election authority electronically.
(c) The Task Force shall complete its study no later than June 30, 2025 and shall report its findings to the Governor and the General Assembly as soon as possible after the study is complete.
(d) The members shall serve without compensation. If a vacancy occurs on the Task Force, it shall be filled according to the guidelines of the initial appointment.
(e) The State Board of Elections shall provide staff and administrative support to the Task Force.
(f) This Section is repealed on July 1, 2026.
(Source: P.A. 103-467, eff. 8-4-23.)
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10 ILCS 5/Art. 1A
(10 ILCS 5/Art. 1A heading)
ARTICLE 1A.
STATE BOARD OF ELECTIONS
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10 ILCS 5/1A-1
(10 ILCS 5/1A-1) (from Ch. 46, par. 1A-1)
Sec. 1A-1.
A State Board of Elections is hereby established which shall have
general supervision over the administration of the registration and
election laws throughout the State, and shall perform only such duties as
are or may hereafter be prescribed by law.
(Source: P.A. 78-918.)
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10 ILCS 5/1A-2
(10 ILCS 5/1A-2) (from Ch. 46, par. 1A-2)
Sec. 1A-2.
The State Board of Elections shall consist of 8 members, 4 of whom shall
be residents of Cook County and 4 of whom shall be residents of the State
outside of Cook County. Of the 4 members from each area of required residence,
2 shall be affiliated with the same political party as the Governor, and
2 shall be affiliated with the political party whose nominee for Governor
in the most recent general election received the second highest number of
votes. Members shall be persons who have extensive knowledge of the election
laws of this State.
(Source: P.A. 80-1178.)
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10 ILCS 5/1A-2.1
(10 ILCS 5/1A-2.1) (from Ch. 46, par. 1A-2.1)
Sec. 1A-2.1.
Each member of the State Board of Elections, before entering upon his
duties, shall subscribe to the Constitutional oath and shall give an
official bond in the penal sum of $100,000, with a corporate surety or
individual sureties approved by the Governor, conditioned upon the faithful
discharge of the duties of his office. The bond and oath shall be filed
with the office of the Secretary of State within 10 days after the
appointment.
(Source: P.A. 78-918.)
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10 ILCS 5/1A-3
(10 ILCS 5/1A-3) (from Ch. 46, par. 1A-3)
Sec. 1A-3.
Subject to the confirmation requirements of Section 1A-4, 4
members of the State Board of Elections shall be appointed in each odd-numbered
year as follows:
(1) The Governor shall appoint 2 members of the same | | political party with which he is affiliated, one from each area of required residence.
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(2) The Governor shall appoint 2 members of the
| | political party whose candidate for Governor in the most recent general election received the second highest number of votes, one from each area of required residence, from a list of nominees submitted by the first state executive officer in the order indicated herein affiliated with such political party: Attorney General, Secretary of State, Comptroller, and Treasurer. If none of the State executive officers listed herein is affiliated with such political party, the nominating State officer shall be the first State executive officer in the order indicated herein affiliated with an established political party other than that of the Governor.
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(3) The nominating state officer shall submit in
| | writing to the Governor 3 names of qualified persons for each membership on the State Board of Elections to be appointed from the political party of that officer. The Governor may reject any or all of the nominees on any such list and may request an additional list. The second list shall be submitted by the nominating officer and shall contain 3 new names of qualified persons for each remaining appointment, except that if the Governor expressly reserves any nominee's name from the first list, that nominee shall not be replaced on the second list. The second list shall be final.
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(4) Whenever all the state executive officers
| | designated in paragraph (2) are affiliated with the same political party as that of the Governor, all 4 members of the Board to be appointed that year, from both designated political parties, shall be appointed by the Governor without nominations.
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(5) The Governor shall submit in writing to the
| | President of the Senate the name of each person appointed to the State Board of Elections, and shall designate the term for which the appointment is made and the name of the member whom the appointee is to succeed.
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(6) The appointments shall be made and submitted by
| | the Governor no later than April 1 and a nominating state officer required to submit a list of nominees to the Governor pursuant to paragraph (3) shall submit a list no later than March 1. For appointments occurring in 2019, the appointments shall be made and submitted by the Governor no later than May 15.
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(7) In the appointment of the initial members of the
| | Board pursuant to this amendatory Act of 1978, the provisions of paragraphs (1), (2), (3), (5), and (6) of this Section shall apply except that the Governor shall appoint all 8 members, 2 from each of the designated political parties from each area of required residence.
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(Source: P.A. 101-5, eff. 5-15-19; 102-558, eff. 8-20-21.)
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10 ILCS 5/1A-3.1
(10 ILCS 5/1A-3.1) (from Ch. 46, par. 1A-3.1)
Sec. 1A-3.1.
Of the members initially appointed to the State Board of Elections pursuant
to this amendatory Act of 1978, one member affiliated with each political
party from each area of required residence shall serve a term commencing
July 1, 1978 and ending June 30, 1979, and the other initial members shall
serve terms commencing July 1, 1978 and ending June 30, 1981.
Notwithstanding any provision in this Section to the contrary, the term
of office of each member of the State Board of Elections is abolished on
the effective date of this amendatory Act of 1985.
Subject to the confirmation requirements of Section 1A-4, 8
members of the State Board of Elections shall be appointed in accordance
with the provisions of Section 1A-3, except that the Governor shall appoint
4 members of the same political party with which he is affiliated and 4
members of the political party whose candidate for Governor in the most
recent general election received the second highest number of votes and
except that a nominating State officer shall submit to the Governor
his required list of nominees within 15 days after the current terms of
office are abolished and the Governor shall make appointments within 30
days after the current terms of office are abolished.
Of the members initially appointed to the State Board of Elections pursuant to
this amendatory Act of 1985, one member affiliated with each political
party for each area of required residence shall serve a term commencing
July 1, 1985, and ending July 1, 1987, and the other initial members shall
serve terms commencing July 1, 1985, and ending July 1, 1989.
The terms of subsequent members of the State Board of Elections shall be
4 years commencing on July 1 of the year in which the appointments are made.
A member shall serve until his successor is duly appointed and has qualified.
No appointee shall enter upon the duties of his office until all members
required to be appointed in that year have been confirmed by the Senate
by record vote pursuant to Section 1A-4.
(Source: P.A. 84-115.)
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10 ILCS 5/1A-4
(10 ILCS 5/1A-4) (from Ch. 46, par. 1A-4)
Sec. 1A-4.
All appointments of members to the State Board of Elections
shall be subject to the advice and consent of the Senate pursuant to this
Section. Appointments by the Governor pursuant to paragraphs (1), (2) and
(7) of Section 1A-3 shall require the advice and consent of a 3/5 vote of
the members elected to the Senate. Appointments by the Governor pursuant
to paragraph (4) of Section 1A-3 shall require the advice and consent of
a 2/3 vote of the members elected to the Senate.
The Senate shall confirm or reject appointments within 30 session days
or 60 calendar days after they are submitted by the Governor, whichever
occurs first. Except in the case of appointments to fill vacancies,
the confirmation time period specified in this Section shall not commence
until all appointments required to be made in that year have been submitted
by the Governor.
(Source: P.A. 80-1178.)
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10 ILCS 5/1A-5
(10 ILCS 5/1A-5) (from Ch. 46, par. 1A-5)
Sec. 1A-5.
An appointment to fill each vacancy on the
State Board of Elections shall be made pursuant to the appropriate paragraph
of Section 1A-3 in the same manner as the appointment of members for new terms.
Each appointment to fill a vacancy shall
be for the completion of the term of that position.
The Governor shall make an appointment to fill each vacancy and shall submit
it to the President of the Senate within 30 days of the occurrence of the
vacancy, or within 30 days of the submission of a list of nominees to him
pursuant to paragraph (3) of Section 1A-3, whichever is later. A nominating
state officer shall submit to the Governor his required list of nominees
to fill a vacancy within 15 days of the occurrence of the vacancy. If the
Governor does not fill a vacancy required to be filled pursuant to paragraph
(3) of Section 1A-3 within the required 30 days, the nominating state officer
shall make the appointment from among the nominees he previously
submitted.
(Source: P.A. 80-1178.)
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10 ILCS 5/1A-6
(10 ILCS 5/1A-6) (from Ch. 46, par. 1A-6)
Sec. 1A-6.
One member of the State Board of Elections shall be elected by
the members of the Board to be chair and shall serve as chair of
the Board for a term ending June 30, 1979. On July 1 of 1979 and on July
1 of each odd-numbered year thereafter, a chair shall be elected by
the members of the Board for a 2 year term ending June 30 of the next
odd-numbered year. If July 1 of any odd-numbered year does not fall on a
business day, said election shall be held on the first business day
thereafter. The chair elected for each 2 year term shall not be of
the same political party affiliation as the prior chair. Whenever a
vacancy occurs in the office of chair, a new chair of the same political
party affiliation shall be
elected for the remainder of the vacating chair's term. Whenever a chair
is elected, the Board shall elect from among its members, a
vice chair who shall not be of the same political party affiliation
as the chair.
Upon the confirmation of all of the members of the State Board of Elections
initially appointed under the amendatory Act of 1978, the Governor shall
designate one of the members as interim chair who shall preside over
the Board until a chair is elected pursuant to this Section.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/1A-6.1
(10 ILCS 5/1A-6.1) (from Ch. 46, par. 1A-6.1)
Sec. 1A-6.1.
The chair of the State Board of Elections shall preside
at all meetings of the Board, except that the vice chair shall preside
at any meeting when the chair is absent. The salary of the chair
shall be $25,000 per year, or as set by the Compensation Review Board,
whichever is greater, and the salary of the vice-chair shall be $20,000
per year, or as set by the Compensation Review Board, whichever is
greater. The salary of the other Board members
shall be $15,000 per year, or as set by the Compensation Review Board,
whichever is greater. Each member shall be reimbursed for actual expenses
incurred in the performance of his duties.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/1A-7
(10 ILCS 5/1A-7) (from Ch. 46, par. 1A-7)
Sec. 1A-7.
The State Board of Elections shall meet at such time or times as the chair
or any 4 members shall direct, but at least once per month.
Five members of the Board are necessary to constitute a quorum and 5 votes
are necessary for any action of the Board
to become effective, including the appointment of the executive director, the
employment of technical consultants and the employment of other persons.
If a quorum is present at a meeting of the Board, one of the members
present may vote for the absent member pursuant to a written proxy
signed by the absent member. A member voting by proxy who is not in
attendance may not be counted towards the presence of a quorum.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/1A-8
(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
Sec. 1A-8. The State Board of Elections shall exercise the following
powers and perform the following duties in addition to any powers or duties
otherwise provided for by law:
(1) Assume all duties and responsibilities of the | | State Electoral Board and the Secretary of State as heretofore provided in this Code;
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(2) Disseminate information to and consult with
| | election authorities concerning the conduct of elections and registration in accordance with the laws of this State and the laws of the United States;
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(3) Furnish to each election authority prior to each
| | primary and general election and any other election it deems necessary, a manual of uniform instructions consistent with the provisions of this Code which shall be used by election authorities in the preparation of the official manual of instruction to be used by the judges of election in any such election. In preparing such manual, the State Board shall consult with representatives of the election authorities throughout the State. The State Board may provide separate portions of the uniform instructions applicable to different election jurisdictions which administer elections under different options provided by law. The State Board may by regulation require particular portions of the uniform instructions to be included in any official manual of instructions published by election authorities. Any manual of instructions published by any election authority shall be identical with the manual of uniform instructions issued by the Board, but may be adapted by the election authority to accommodate special or unusual local election problems, provided that all manuals published by election authorities must be consistent with the provisions of this Code in all respects and must receive the approval of the State Board of Elections prior to publication; provided further that if the State Board does not approve or disapprove of a proposed manual within 60 days of its submission, the manual shall be deemed approved.
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(4) Prescribe and require the use of such uniform
| | forms, notices, and other supplies not inconsistent with the provisions of this Code as it shall deem advisable which shall be used by election authorities in the conduct of elections and registrations;
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(5) Prepare and certify the form of ballot for any
| | proposed amendment to the Constitution of the State of Illinois, or any referendum to be submitted to the electors throughout the State or, when required to do so by law, to the voters of any area or unit of local government of the State;
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(6) Require such statistical reports regarding the
| | conduct of elections and registration from election authorities as may be deemed necessary;
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(7) Review and inspect procedures and records
| | relating to conduct of elections and registration as may be deemed necessary, and to report violations of election laws to the appropriate State's Attorney or the Attorney General;
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(8) Recommend to the General Assembly legislation to
| | improve the administration of elections and registration;
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(9) Adopt, amend or rescind rules and regulations in
| | the performance of its duties provided that all such rules and regulations must be consistent with the provisions of this Article 1A or issued pursuant to authority otherwise provided by law;
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(10) Determine the validity and sufficiency of
| | petitions filed under Article XIV, Section 3, of the Constitution of the State of Illinois of 1970;
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(11) Maintain in its principal office a research
| | library that includes, but is not limited to, abstracts of votes by precinct for general primary elections and general elections, current precinct maps and current precinct poll lists from all election jurisdictions within the State. The research library shall be open to the public during regular business hours. Such abstracts, maps and lists shall be preserved as permanent records and shall be available for examination and copying at a reasonable cost;
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(12) Supervise the administration of the registration
| | and election laws throughout the State;
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(13) Obtain from the Department of Central Management
| | Services, under Section 405-250 of the Department of Central Management Services Law (20 ILCS 405/405-250), such use of electronic data processing equipment as may be required to perform the duties of the State Board of Elections and to provide election-related information to candidates, public and party officials, interested civic organizations and the general public in a timely and efficient manner;
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(14) To take such action as may be necessary or
| | required to give effect to directions of the national committee or State central committee of an established political party under Sections 7-8, 7-11, and 7-14.1 or such other provisions as may be applicable pertaining to the selection of delegates and alternate delegates to an established political party's national nominating conventions or, notwithstanding any candidate certification schedule contained within this Code, the certification of the Presidential and Vice Presidential candidate selected by the established political party's national nominating convention;
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(15) To post all early voting sites separated by
| | election authority and hours of operation on its website at least 5 business days before the period for early voting begins;
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| (16) To post on its website the statewide totals, and
| | totals separated by each election authority, for each of the counts received pursuant to Section 1-9.2; and
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| (17) To post on its website, in a downloadable
| | format, the information received from each election authority under Section 1-17.
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| The Board may by regulation delegate any of its duties or
functions under this Article, except that final determinations and orders
under this Article shall be issued only by the Board.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and
filing such additional copies with the State Government Report Distribution
Center for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18; 100-1148, eff. 12-10-18.)
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10 ILCS 5/1A-9
(10 ILCS 5/1A-9) (from Ch. 46, par. 1A-9)
Sec. 1A-9. The State Board of Elections shall appoint an executive
director and an assistant executive director. The annual compensation of the executive director and
assistant executive director shall be determined by the Board.
The executive director and assistant executive director may be removed
from office at any time by a vote of
at least 5 members of the Board. Upon any such removal a vacancy is
created which shall be filled as provided for the initial appointments.
The Board, upon the affirmative vote of a majority of its members, may
from time to time contract with technical consultants to assist it in the
performance of its duties. Such technical consultants shall be compensated
only under contracts which specify the duties to be performed and the compensation
therefor. Except as otherwise provided in this Section, contracts with
technical consultants, other than hearing officers
and attorneys representing the Board in litigation, shall terminate no more
than 60 days after the commencement of the specified duties and may be extended
once for a period of no more than 30 days upon the affirmative vote of a
majority of the Board. The time limitations imposed by this Section on
contracts with technical consultants shall not apply to a contract with a
technical consultant for the provision of electronic data processing
services in connection with the Board's performance of the duties assigned
to it pursuant to paragraph (11) of Section 1A-8 or in connection with the
Board's performance of the duties assigned to it pursuant to Sections 4-8,
5-7 and 6-35 concerning the furnishing of electronic data or compilations
containing voter registration information to state political committees
registered pursuant to the Illinois Campaign Finance Act or the Federal
Election Campaign Act. No technical consultant, other than a hearing officer
or an attorney engaged to represent the Board in litigation, may be compensated
under more than one contract in any fiscal year.
(Source: P.A. 93-1091, eff. 3-29-05.)
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10 ILCS 5/1A-10
(10 ILCS 5/1A-10) (from Ch. 46, par. 1A-10)
Sec. 1A-10.
The State Board of Elections shall keep a full and true public record of all of
its proceedings and of all monies
received and expended. The Board shall file and preserve in its principal
office all orders and
records pertaining to its duties. The executive director shall exercise
general supervision over the operation of the business of the Board and
its equipment, facilities, employees and consultants, in accordance with
the rules and regulations of the Board and as otherwise directed by the
Board. The assistant executive director shall administer the operations
and staff of the permanent branch office of the Board.
(Source: P.A. 83-941.)
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10 ILCS 5/1A-11
(10 ILCS 5/1A-11) (from Ch. 46, par. 1A-11)
Sec. 1A-11.
The principal office of the State Board of Elections shall be maintained
in Springfield and a permanent branch office shall be maintained in
Chicago. The permanent offices of the Board shall be kept open during the
ordinary business hours of State offices. However, on the day of any
election, or at any other time, the offices of the Board may be kept open
such additional time as the Board shall deem necessary to carry out its
duties.
(Source: P.A. 78-918.)
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10 ILCS 5/1A-12
(10 ILCS 5/1A-12) (from Ch. 46, par. 1A-12)
Sec. 1A-12. The State
Board of Elections may employ, promote or discharge such additional
persons as are necessary for the proper performance of its duties under
this Code, including investigators, examiners and hearing officers.
However, persons employed by the State Board of Elections prior to January 1,
1978 and previously certified under a merit plan adopted by the Board
shall not be subject to any probationary period nor required to qualify
by examination under "The Personnel Code"
to continue in their positions. No
employee or consultant may appear before the Board in any representative
capacity within 6 months after termination of his employment or
contractual relationship with the Board.
(Source: P.A. 93-1091, eff. 3-29-05.)
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10 ILCS 5/1A-13
(10 ILCS 5/1A-13) (from Ch. 46, par. 1A-13)
Sec. 1A-13.
No employee of the State Board of Elections including its
executive director and assistant executive director shall engage in
any partisan political activity whatsoever, except to vote at elections,
nor shall such person contribute, either financially or in services or
goods or any other way, to any political party, candidate or organization
engaged in political activity. No employee of the Board shall become a
candidate for nomination for, or election to, or accept appointment to any
public office. Whoever violates any provision of this Section shall
be deemed to have vacated his position and shall be discharged. No such
person shall be thereafter rehired unless the State Civil Service Commission,
upon appeal, finds that this Section has not been violated by such person.
(Source: P.A. 83-941.)
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10 ILCS 5/1A-14
(10 ILCS 5/1A-14) (from Ch. 46, par. 1A-14)
Sec. 1A-14. Political activity by members of the State Board of Elections. (a) No member of the State Board of Elections may become a candidate
for nomination for, or election to,
or accept appointment to or hold any other remunerative public office or public
employment or any office in a political party. No member of the State Board of Elections shall: (i) contribute, either financially or in services or goods or any other way, to any political committee; (ii) serve as an officer of any political committee; or (iii) be a candidate who is designated as the candidate to be supported by a candidate political committee. (b) A member of the State Board of Elections who is either an officer of a political committee or a candidate who is designated as the candidate to be supported by a candidate political committee shall within 30 days after confirmation by the Senate: (i) resign as an officer of the political committee; (ii) have his or her name removed as the candidate to be supported by a political committee; (iii) notify the Board of the member's intent to convert the political committee to a limited activity committee under Section 9-1.8, and complete the transition to a limited activity committee within 60 days after confirmation; or (iv) dissolve the committee. A member of the State Board of Elections who is in violation of this subsection (b) on the effective date of this amendatory Act of the 102nd General Assembly must come into compliance within 30 days after the effective date of this amendatory Act of the 102nd General Assembly. (c) Violation of any prohibition
in this Section shall disqualify a member of the Board and a
vacancy is thereby created. A vacancy also exists upon the occurrence of
any of the events enumerated in Section 25-2 of this Act as in the case
of an elective office. (d) As used in this Section, "political committee" includes both the meaning provided in Section 9-1.8 of this Code and the meaning provided in 52 U.S.C. 30101.
(Source: P.A. 102-664, eff. 1-1-22 .)
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10 ILCS 5/1A-15
(10 ILCS 5/1A-15) (from Ch. 46, par. 1A-15)
Sec. 1A-15. On the request of the Department of Healthcare and Family Services,
the State Board of Elections shall provide the Department with tapes,
discs, other electronic data or compilations thereof which only provide the
name, address and, when available, the Social Security number of registered
voters for the purpose of tracing absent parents and the collection of
child support. Such information shall be provided at reasonable cost,
which shall include the cost of duplication plus 15% for administration.
The confidentiality of all information contained on such tapes, discs and
other electronic data or combination thereof shall be protected as provided
in Section 11-9 of "The Illinois Public Aid Code".
(Source: P.A. 95-331, eff. 8-21-07.)
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10 ILCS 5/1A-16
(10 ILCS 5/1A-16)
Sec. 1A-16. Voter registration information; Internet posting; processing
of voter registration forms; content of such forms. Notwithstanding any law to
the contrary, the following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of voter registration
form. Within 90 days after August 21, 2003 (the effective date of Public Act 93-574), the State Board of Elections shall post on its World Wide Web
site the following information:
(1) A comprehensive list of the names, addresses, | | phone numbers, and websites, if applicable, of all county clerks and boards of election commissioners in Illinois.
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(2) A schedule of upcoming elections and the deadline
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(3) A downloadable, printable voter registration
| | form, in at least English and in Spanish versions, that a person may complete and mail or submit to the State Board of Elections or the appropriate county clerk or board of election commissioners.
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Any forms described under paragraph (3) must state the following:
If you do not have a driver's license or social
| | security number, and this form is submitted by mail, and you have never registered to vote in the jurisdiction you are now registering in, then you must send, with this application, either (i) a copy of a current and valid photo identification, or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. If you do not provide the information required above, then you will be required to provide election officials with either (i) or (ii) described above the first time you vote at a voting place.
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(b) Acceptance of registration forms by the State Board of Elections and
county clerks and board of election commissioners. The
State Board of Elections, county clerks, and board of election commissioners
shall accept all completed voter registration forms
described in subsection (a)(3) of this Section and Section 1A-17 and voter registration forms created under Section 30 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act that are:
(1) postmarked on or before the day that voter
| | registration is closed under this Code;
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(2) not postmarked, but arrives no later than 5 days
| | after the close of registration;
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(3) submitted in person by a person using the form on
| | or before the day that voter registration is closed under this Code; or
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(4) submitted in person by a person who submits one
| | or more forms on behalf of one or more persons who used the form on or before the day that voter registration is closed under this Code.
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Upon the receipt of a registration form, the State Board of Elections shall
mark
the date on which the form was received
and send the form via first class mail to the appropriate county clerk or board
of
election commissioners, as the case may be, within 2 business days based upon
the home address of the person submitting the registration form. The county
clerk and board of election commissioners shall accept and process any form
received from the State Board of Elections.
(c) Processing of registration forms by county clerks and boards of election
commissioners. The county clerk or board of election commissioners shall
promulgate procedures for processing the voter registration form.
(d) Contents of the voter registration form. The State Board shall create
a voter registration form, which must contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to
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(3) Instructions for mailing in or submitting the
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(4) The phone number for the State Board of Elections
| | should a person submitting the form have questions.
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(5) A box for the person to check that explains one
| | of 3 reasons for submitting the form:
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(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that
| | asks, "Are you a citizen of the United States?", a box for the person to check yes or no that asks, "Will you be 18 years of age on or before election day?", and a statement of "If you checked 'no' in response to either of these questions, then do not complete this form.".
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(7) A space for the person to fill in his or her home
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(8) Spaces for the person to fill in his or her
| | first, middle, and last names, street address (principal place of residence), county, city, state, and zip code.
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(9) Spaces for the person to fill in his or her
| | mailing address, city, state, and zip code if different from his or her principal place of residence.
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(10) A space for the person to fill in his or her
| | Illinois driver's license number if the person has a driver's license.
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(11) A space for a person without a driver's license
| | to fill in the last four digits of his or her social security number if the person has a social security number.
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(12) A space for a person without an Illinois
| | driver's license to fill in his or her identification number from his or her State Identification card issued by the Secretary of State.
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(13) A space for the person to fill the name
| | appearing on his or her last voter registration, the street address of his or her last registration, including the city, county, state, and zip code.
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(14) A space where the person swears or affirms the
| | following under penalty of perjury with his or her signature:
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(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or before
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(c) "I will have lived in the State of Illinois
| | and in my election precinct at least 30 days as of the date of the next election."; and
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(d) "The information I have provided is true to
| | the best of my knowledge under penalty of perjury. If I have provided false information, then I may be fined, imprisoned, or, if I am not a U.S. citizen, deported from or refused entry into the United States.".
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(15) A space for the person to fill in his or her
| | e-mail address if he or she chooses to provide that information.
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| (d-5) Compliance with federal law; rulemaking authority. The voter
registration
form described in this Section shall be consistent with the form prescribed by
the
Federal
Election Commission under the National Voter Registration Act of 1993,
P.L. 103-31, as amended from time to time, and the Help America Vote Act of
2002, P.L. 107-252, in all relevant respects. The State Board of Elections
shall periodically update the form based on changes to federal or State law.
The State Board of Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules
comport with the letter and spirit of the National Voter Registration Act of
1993 and Help America Vote Act of 2002 and maximize the opportunity for a
person to register to vote.
(d-10) No later than 90 days after the 2022 general election, the State Board of Elections shall permit applicants to choose between "male", "female", or "non-binary" when designating the applicant's sex on the voter registration form.
(e) Forms available in paper form. The State Board of Elections shall make
the voter registration form available in regular paper stock and form in
sufficient quantities for the general public. The State Board of Elections may
provide the voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies of the State of
Illinois, and any other person or entity designated to have these forms by this Code in regular paper stock and form or some other format deemed
suitable by the Board. Each county clerk or board of election commissioners has
the authority to design and print its own voter registration form so long as
the form complies with the requirements of this Section. The State Board
of Elections, county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have these forms under this
Code shall provide a member of the public with any reasonable
number of forms
that he or she may request. Nothing in this Section shall permit the State
Board of
Elections, county clerk, board of election commissioners, or other appropriate
election official who may accept a voter registration form to refuse to accept
a voter registration form because the form is printed on photocopier or regular
paper
stock and form.
(f) (Blank).
(Source: P.A. 102-292, eff. 1-1-22; 102-668, eff. 11-15-21 .)
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10 ILCS 5/1A-16.1 (10 ILCS 5/1A-16.1) (Text of Section before amendment by P.A. 103-210 ) Sec. 1A-16.1. Automatic voter registration; Secretary of State. (a) The Office of the Secretary of State and the State Board of Elections, pursuant to an interagency contract and jointly-adopted rules, shall establish an automatic voter registration program that satisfies the requirements of this Section and other applicable law. (b) If an application, an application for renewal, a change of address form, or a recertification form for a driver's license, other than a temporary visitor's driver's license, or a State identification card issued by the Office of the Secretary of State meets the requirements of the federal REAL ID Act of 2005, then that application shall serve as a dual-purpose application. The dual-purpose application shall: (1) also serve as an application to register to vote | | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls;
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| (3) provide the applicant with an opportunity to
| | affirmatively decline to register to vote or to change his or her registered residence address or name by providing a check box on the application form without requiring the applicant to state the reason; and
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| (4) unless the applicant declines to register to vote
| | or change his or her registered residence address or name, require the applicant to attest, by signature under penalty of perjury as described in subsection (e) of this Section, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her driver's license or identification card dual-purpose application.
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| (b-5) If an application, an application for renewal, a change of address form, or a recertification form for a driver's license, other than a temporary visitor's driver's license, or a State identification card issued by the Office of the Secretary of State does not meet the requirements of the federal REAL ID Act of 2005, then that application shall serve as a dual-purpose application. The dual-purpose application shall:
(1) also serve as an application to register to vote
| | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls; and
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| (3) if the applicant chooses to register to vote or
| | to change his or her registered residence address or name, then require the applicant to attest, by a separate signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application.
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| (b-10) The Office of the Secretary of State shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois, (ii) of the penalties provided by law for submission of a false voter registration application, (iii) that, unless the applicant declines to register to vote or update his or her voter registration, his or her dual-purpose application shall also serve as both an application to register to vote and his or her attestation that he or she meets the eligibility requirements for voter registration, and that his or her application to register to vote or update his or her registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on his or her driver's license or identification card, and (iv) that declining to register to vote is confidential and will not affect any services the person may be seeking from the Office of the Secretary of State.
(c) The Office of the Secretary of State shall review information provided to the Office of the Secretary of State by the State Board of Elections to inform each applicant for a driver's license or permit, other than a temporary visitor's driver's license, or a State identification card issued by the Office of the Secretary of State whether the applicant is currently registered to vote in Illinois and, if registered, at what address.
(d) The Office of the Secretary of State shall not require an applicant for a driver's license or State identification card to provide duplicate identification or information in order to complete an application to register to vote or change his or her registered residence address or name. Before transmitting any personal information about an applicant to the State Board of Elections, the Office of the Secretary of State shall review its records of the identification documents the applicant provided in order to complete the application for a driver's license or State identification card, to confirm that nothing in those documents indicates that the applicant does not satisfy the qualifications to register to vote in Illinois at his or her residence address.
(e) A completed, signed application for (i) a driver's license or permit, other than a temporary visitor's driver's license, or a State identification card issued by the Office of the Secretary of State, that meets the requirements of the federal REAL ID Act of 2005; or (ii) a completed application under subsection (b-5) of this Section with a separate signature attesting the applicant meets the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her application shall constitute a signed application to register to vote in Illinois at the residence address indicated in the application unless the person affirmatively declined in the application to register to vote or to change his or her registered residence address or name. If the identification documents provided to complete the dual-purpose application indicate that he or she does not satisfy the qualifications to register to vote in Illinois at his or her residence address, the application shall be marked as incomplete.
(f) For each completed and signed application that constitutes an application to register to vote in Illinois or provides for a change in the applicant's registered residence address or name, the Office of the Secretary of State shall electronically transmit to the State Board of Elections personal information needed to complete the person's registration to vote in Illinois at his or her residence address. The application to register to vote shall be processed in accordance with Section 1A-16.7.
(g) If the federal REAL ID Act of 2005 is repealed, abrogated, superseded, or otherwise no longer in effect, then the State Board of Elections shall establish criteria for determining reliable personal information indicating citizenship status and shall adopt rules as necessary for the Secretary of State to continue processing dual-purpose applications under this Section.
(h) As used in this Section, "dual-purpose application" means an application, an application for renewal, a change of address form, or a recertification form for driver's license or permit, other than a temporary visitor's driver's license, or a State identification card offered by the Secretary of State that also serves as an application to register to vote in Illinois. "Dual-purpose application" does not mean an application under subsection (c) of Section 6-109 of the Illinois Vehicle Code.
(Source: P.A. 100-464, eff. 8-28-17.)
(Text of Section after amendment by P.A. 103-210 )
Sec. 1A-16.1. Automatic voter registration; Secretary of State.
(a) The Office of the Secretary of State and the State Board of Elections, pursuant to an interagency contract and jointly-adopted rules, shall establish an automatic voter registration program that satisfies the requirements of this Section and other applicable law.
(b) If an application, an application for renewal, a change of address form, or a recertification form for a driver's license or a State identification card issued by the Office of the Secretary of State meets the requirements of the federal REAL ID Act of 2005, then that application shall serve as a dual-purpose application. The dual-purpose application shall:
(1) also serve as an application to register to vote
| | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls;
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| (3) provide the applicant with an opportunity to
| | affirmatively decline to register to vote or to change his or her registered residence address or name by providing a check box on the application form without requiring the applicant to state the reason; and
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| (4) unless the applicant declines to register to vote
| | or change his or her registered residence address or name, require the applicant to attest, by signature under penalty of perjury as described in subsection (e) of this Section, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her driver's license or identification card dual-purpose application.
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| (b-5) If an application, an application for renewal, a change of address form, or a recertification form for a driver's license or a State identification card issued by the Office of the Secretary of State, other than an application or form that pertains to a standard driver's
license or identification card and does not list a social security number for the applicant, does not meet the requirements of the federal REAL ID Act of 2005, then that application shall serve as a dual-purpose application. The dual-purpose application shall:
(1) also serve as an application to register to vote
| | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls; and
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| (3) if the applicant chooses to register to vote or
| | to change his or her registered residence address or name, then require the applicant to attest, by a separate signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application.
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| (b-10) The Office of the Secretary of State shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois, (ii) of the penalties provided by law for submission of a false voter registration application, (iii) that, unless the applicant declines to register to vote or update his or her voter registration, his or her dual-purpose application shall also serve as both an application to register to vote and his or her attestation that he or she meets the eligibility requirements for voter registration, and that his or her application to register to vote or update his or her registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on his or her driver's license or identification card, and (iv) that declining to register to vote is confidential and will not affect any services the person may be seeking from the Office of the Secretary of State.
(c) The Office of the Secretary of State shall review information provided to the Office of the Secretary of State by the State Board of Elections to inform each applicant for a driver's license or permit or a State identification card issued by the Office of the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card
and does not list a social security number for the applicant, whether the applicant is currently registered to vote in Illinois and, if registered, at what address.
(d) The Office of the Secretary of State shall not require an applicant for a driver's license or State identification card to provide duplicate identification or information in order to complete an application to register to vote or change his or her registered residence address or name. Before transmitting any personal information about an applicant to the State Board of Elections, the Office of the Secretary of State shall review its records of the identification documents the applicant provided in order to complete the application for a driver's license or State identification card, to confirm that nothing in those documents indicates that the applicant does not satisfy the qualifications to register to vote in Illinois at his or her residence address.
(e) A completed, signed application for (i) a driver's license or permit or a State identification card issued by the Office of the Secretary of State, that meets the requirements of the federal REAL ID Act of 2005; or (ii) a completed application under subsection (b-5) of this Section with a separate signature attesting the applicant meets the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her application shall constitute a signed application to register to vote in Illinois at the residence address indicated in the application unless the person affirmatively declined in the application to register to vote or to change his or her registered residence address or name. If the identification documents provided to complete the dual-purpose application indicate that he or she does not satisfy the qualifications to register to vote in Illinois at his or her residence address, the application shall be marked as incomplete.
(f) For each completed and signed application that constitutes an application to register to vote in Illinois or provides for a change in the applicant's registered residence address or name, the Office of the Secretary of State shall electronically transmit to the State Board of Elections personal information needed to complete the person's registration to vote in Illinois at his or her residence address. The application to register to vote shall be processed in accordance with Section 1A-16.7.
(g) If the federal REAL ID Act of 2005 is repealed, abrogated, superseded, or otherwise no longer in effect, then the State Board of Elections shall establish criteria for determining reliable personal information indicating citizenship status and shall adopt rules as necessary for the Secretary of State to continue processing dual-purpose applications under this Section.
(h) As used in this Section, "dual-purpose application" means an application, an application for renewal, a change of address form, or a recertification form for driver's license or permit or a State identification card offered by the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card
and does not list a social security number for the applicant, that also serves as an application to register to vote in Illinois. "Dual-purpose application" does not mean an application under subsection (c) of Section 6-109 of the Illinois Vehicle Code.
(Source: P.A. 103-210, eff. 7-1-24.)
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10 ILCS 5/1A-16.2 (10 ILCS 5/1A-16.2) Sec. 1A-16.2. Automatic voter registration; designated automatic voter registration agencies. (a) Each designated automatic voter registration agency shall, pursuant to an interagency contract and jointly-adopted rules with the State Board of Elections, agree to participate in an automatic voter registration program established by the State Board of Elections that satisfies the requirements of this Section and other applicable law. If the designated automatic voter registration agency provides applications, applications for renewal, change of address forms, or recertification forms to individuals for services offered by another agency, then the State Board of Elections and the designated automatic voter agency shall consult with the other agency. The State Board of Elections shall consider the current technological capabilities of the designated voter registration agency when drafting interagency contracts and jointly-adopted rules. The State Board of Elections and the designated automatic voter registration agency shall amend these contracts and rules as the technological capabilities of the designated voter registration agencies improve. (b) As provided in subsection (a) of this Section, each designated automatic voter registration agency that collects or cross-references reliable personal information indicating citizenship status may provide that an application for a license, permit, program, or service shall serve as a dual-purpose application. The dual-purpose application shall: (1) also serve as an application to register to vote | | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls;
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| (3) provide the applicant with an opportunity to
| | affirmatively decline to register to vote or change his or her registered residence address or name by providing a check box on the application form without requiring the applicant to state the reason; and
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| (4) unless the applicant declines to register to vote
| | or to change his or her registered residence address or name, require the applicant to attest, by signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application.
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| (c) As provided in subsection (a) of this Section, each designated automatic voter registration agency that does not collect or cross-reference records containing reliable personal information indicating citizenship status may provide that an application, an application for renewal, a change of address form, or a recertification form for a license, permit, program, or service shall serve as a dual-purpose application. The dual-purpose application shall:
(1) also serve as an application to register to vote
| | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls; and
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| (3) if the applicant chooses to register to vote or
| | to change his or her registered residence address or name, then require the applicant to attest, by a separate signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application.
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| (c-5) The designated automatic voter registration agency shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois, (ii) of the penalties provided by law for submission of a false voter registration application, (iii) that, unless the applicant declines to register to vote or update his or her voter registration, his or her application shall also serve as both an application to register to vote and his or her attestation that he or she meets the eligibility requirements for voter registration, and that his or her application to register to vote or update his or her registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on the dual-purpose application, (iv) that information identifying the agency at which he or she applied to register to vote is confidential, (v) that declining to register to vote is confidential and will not affect any services the person may be seeking from the agency, and (vi) any additional information needed in order to comply with Section 7 of the federal National Voter Registration Act of 1993.
(d) The designated automatic voter registration agency shall review information provided to the agency by the State Board of Elections to inform each applicant whether the applicant is currently registered to vote in Illinois and, if registered, at what address.
(e) The designated automatic voter registration agency shall not require an applicant for a dual-purpose application to provide duplicate identification or information in order to complete an application to register to vote or change his or her registered residence address or name. Before transmitting any personal information about an applicant to the State Board of Elections, the agency shall review its records of the identification documents the applicant provided or that the agency cross-references in order to complete the dual-purpose application, to confirm that nothing in those documents indicates that the applicant does not satisfy the qualifications to register to vote in Illinois at his or her residence address. A completed and signed dual-purpose application, including a completed application under subsection (c) of this Section with a separate signature attesting that the applicant meets the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her application, shall constitute an application to register to vote in Illinois at the residence address indicated in the application unless the person affirmatively declined in the application to register to vote or to change his or her registered residence address or name. If the identification documents provided to complete the dual-purpose application, or that the agency cross-references, indicate that he or she does not satisfy the qualifications to register to vote in Illinois at his or her residence address, the application shall be marked as incomplete.
(f) For each completed and signed dual-purpose application that constitutes an application to register to vote in Illinois or provides for a change in the applicant's registered residence address or name, the designated automatic voter registration agency shall electronically transmit to the State Board of Elections personal information needed to complete the person's registration to vote in Illinois at his or her residence address. The application to register to vote shall be processed in accordance with Section 1A-16.7.
(g) As used in this Section:
"Designated automatic voter registration agency" or
| | "agency" means the divisions of Family and Community Services and Rehabilitation Services of the Department of Human Services, the Department of Employment Security, the Department of Financial and Professional Regulation, the Department of Natural Resources, or an agency of the State or federal government that has been determined by the State Board of Elections to have access to reliable personal information and has entered into an interagency contract with the State Board of Elections to participate in the automatic voter registration program under this Section.
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| "Dual-purpose application" means an application, an
| | application for renewal, a change of address form, or a recertification form for a license, permit, program, or service offered by a designated automatic voter registration agency that also serves as an application to register to vote in Illinois.
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| "Reliable personal information" means information
| | about individuals obtained from government sources that may be used to verify whether an individual is eligible to register to vote.
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| (h) This Section shall be implemented no later than July 1, 2019.
(Source: P.A. 100-464, eff. 8-28-17.)
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