(10 ILCS 5/Art. 20 heading) ARTICLE 20.
VOTING BY ABSENT ELECTORS
IN MILITARY OR NAVAL SERVICE
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(10 ILCS 5/20-1) (from Ch. 46, par. 20-1)
Sec. 20-1.
The following words and phrases contained in this Article
shall be construed as follows:
1. "Territorial limits of the United States" means each of the several
States of the United States and includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam and the Virgin Islands; but does not
include American Samoa, the Canal Zone, the Trust Territory of the Pacific
Islands or any other territory or possession of the United States.
2. "Member of the United States Service" means (a) members of the Armed
Forces while on active duty and their spouses and dependents of voting
age when residing with or accompanying them, (b) members of the Merchant
Marine of the United States and their spouses and dependents when residing
with or accompanying them and (c) United States government employees serving
outside the territorial limits of the United States.
3. "Citizens of the United States temporarily residing outside the
territorial limits of the United States" means civilian citizens of the
United States and their spouses and dependents of voting age when residing
with or accompanying them, who maintain a precinct residence in a county in
this State and whose intent to return may be ascertained.
4. "Non-Resident Civilian Citizens" means civilian citizens of the United
States (a) who reside outside the territorial limits of the United States,
(b) who had maintained a precinct residence in a county in this State
immediately prior to their departure from the United States, (c) who do not
maintain a residence and are not registered to vote in any other State, and
(d) whose intent to return to this State may be uncertain.
5. "Official postcard" means the postcard application for registration
to vote or for a vote by mail ballot in the form provided in Section 204(c)
of the Federal Voting Rights Act of 1955, as amended (42 U.S.C. 1973cc-14(c)).
6. "Federal office" means the offices of President and Vice-President
of the United States, United States Senator, Representative in Congress,
delegates and alternate delegates to the national nominating conventions
and candidates for the Presidential Preference Primary.
7. "Federal election" means any general, primary or special election at
which candidates are nominated or elected to Federal office.
8. "Dependent", for purposes of this Article, shall mean a father, mother,
brother, sister, son or daughter.
9. "Electronic transmission" includes, but is not limited to, transmission by electronic mail or the Internet. (Source: P.A. 98-1171, eff. 6-1-15.)
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(10 ILCS 5/20-1b) Sec. 20-1b. Voter electronic-mail addresses. The election authority shall give each voter who requests a ballot under the provisions of Article 20 the opportunity to provide an electronic-mail address beginning January 1, 2012, provided that the voter may opt out of providing an electronic-mail address. An electronic-mail address provided shall not be publicly available and is exempt from disclosure under the Freedom of Information Act. Neither an election authority nor the State Board of Elections may release a voter's electronic-mail address to any third party. An election authority may use the address only to communicate with the voter about the voting process, including transmitting military-overseas ballots and election materials if the voter has requested electronic transmission, and verifying the voter's mailing address and physical location as needed. Any other use or disclosure is prohibited, and each request for an electronic-mail address shall so state.
(Source: P.A. 97-81, eff. 7-5-11.) |
(10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
Sec. 20-2. Any member of the United States Service, otherwise qualified
to vote, who expects in the course of his duties to be absent from the
county in which he resides on the day of holding any election may make
application for a vote by mail ballot to the election authority having
jurisdiction over his precinct of residence on the official postcard or on
a form furnished by the election authority as prescribed by Section 20-3 of
this Article not less than 10 days before the election. A request pursuant
to this Section shall entitle the applicant to a vote by mail ballot for every
election in one calendar year. The original application for ballot shall be
kept in the office of the election authority for one year as authorization
to send a ballot to the voter for each election to be held within that
calendar year. A certified copy of such application for ballot shall be
sent each election with the vote by mail ballot to the election authority's central ballot counting location to be used
in lieu of the original application for ballot. No registration shall be
required in order to vote pursuant to this Section.
Ballots under this Section shall be mailed by the election authority in
the manner prescribed by Section 20-5 of this Article and not otherwise.
Ballots voted under this Section must be returned postmarked no later than election day and received for counting at the central ballot counting location of the election authority during the period for counting provisional ballots, the last day of which is the 14th day following election day.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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(10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
Sec. 20-2.1. Citizens of the United States temporarily residing outside
the territorial limits of the United States who are not registered but
otherwise qualified to vote and who expect to be absent from their county
of residence during the periods of voter registration provided for in
Articles 4, 5 or 6 of this Code and on the day of holding any election, may
make simultaneous application to the election authority having jurisdiction
over their precinct of residence for registration by mail and vote by mail
ballot not less than 30 days before the election. Such application may be
made on the official postcard or on a form furnished by the election
authority as prescribed by Section 20-3 of this Article or by facsimile or electronic transmission. A request pursuant
to this Section shall entitle the applicant to a vote by mail ballot for every
election in one calendar year. The original application for ballot shall be
kept in the office of the election authority for one year as authorization
to send a ballot to the voter for each election to be held within that
calendar year. A certified copy of such application for ballot shall be
sent each election with the vote by mail ballot to the election authority's central ballot counting location to be used
in lieu of the original application for ballot.
Registration shall be required in order to vote pursuant to this Section.
However, if the election authority receives one of such applications after
30 days but not less than 10 days before a Federal election, said applicant
shall be sent a ballot containing the Federal offices only and registration
for that election shall be waived.
Ballots under this Section shall be delivered by the election authority in
the manner prescribed by Section 20-5 of this Article in person, by mail, or, if requested by the applicant and the election authority has the capability, by facsimile transmission or by electronic transmission.
Ballots voted under this Section must be returned postmarked no later than election day and received for counting at the central ballot counting location of the election authority during the period for counting provisional ballots, the last day of which is the 14th day following election day.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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(10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
Sec. 20-2.2. Any non-resident civilian citizen, otherwise qualified to
vote, may make application to the election authority having jurisdiction
over his precinct of former residence for a vote by mail ballot containing
the Federal offices only not less than 10 days before a Federal election.
Such application may be made on the official postcard or by facsimile or electronic transmission. A request
pursuant to this Section shall entitle the applicant to a vote by mail ballot
for every election in one calendar year at which Federal offices are
filled. The original application for ballot shall be kept in the office of
the election authority for one year as authorization to send a ballot to
the voter for each election to be held within that calendar year at which
Federal offices are filled. A certified copy of such application for
ballot shall be sent each election with the vote by mail ballot to the election authority's central ballot counting location to be used in lieu of the original application for ballot.
No registration shall be required in order to vote pursuant to this Section.
Ballots under this Section shall be delivered by the election authority in
the manner prescribed by Section 20-5 of this Article in person, by mail, or, if requested by the applicant and the election authority has the capability, by facsimile transmission or by electronic transmission.
Ballots voted under this Section must be returned postmarked no later than election day and received for counting at the central ballot counting location of the election authority during the period for counting provisional ballots, the last day of which is the 14th day following election day.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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(10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
Sec. 20-2.3. Members of the Armed Forces and their spouses and dependents. Any member of the United
States Armed Forces while on active duty, and his or her spouse and dependents, otherwise qualified to vote, who
expects in the course of his or her duties to be absent from the county in
which he or she resides on the day of holding any election, in addition to any
other method of making application for vote by mail ballot under this
Article, may make application for a vote by mail ballot to the election
authority having jurisdiction over his or her precinct of residence by a
facsimile machine or electronic transmission not less than 10 days before
the election.
Ballots under this Section shall be delivered by the election authority in
the manner prescribed by Section 20-5 of this Article in person, by mail, or, if requested by the applicant and the election authority has the capability, by facsimile transmission or by electronic transmission.
Ballots voted under this Section must be returned postmarked no later than election day and received for counting at the central ballot counting location of the election authority during the period for counting provisional ballots, the last day of which is the 14th day following election day.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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(10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
Sec. 20-3.
The election authority shall furnish the following
applications for registration by mail or vote by mail ballot which shall be
considered a method of application in lieu of the official postcard.
1. Members of the United States Service and citizens of the United
States temporarily residing outside the territorial limits of the United
States may make application within the periods
prescribed in Sections
20-2 or 20-2.1, as the case may be. Such application shall be
substantially in the following form:
"APPLICATION FOR BALLOT
To be voted at the ............ election in the precinct in which is
located my residence at ..............., in the city/village/township of
............(insert home address) County of ........... and State of
Illinois.
I state that I am a citizen of the United States; that on (insert
date of election) I shall have resided in the State of Illinois and in
the election precinct for 30 days; that on the above date I shall be the
age of 18 years or above; that I am lawfully entitled to vote in such
precinct at that election; that I am (check category 1, 2, or 3
below):
1. ( ) a member of the United States Service,
2. ( ) a citizen of the United States temporarily residing outside
the territorial limits of the United States and that I expect to be
absent from the said county of my residence on the date of holding such
election, and that I will have no opportunity to vote in person on that
day.
I hereby make application for an official ballot or ballots to be
voted by me at such election if I am absent from the said county of my
residence, and I agree that I shall return said ballot or ballots to the
election authority postmarked no later than election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day or shall destroy said ballot or ballots.
(Check below only if category 2 and not previously registered)
( ) I hereby make application to become registered as a voter and
agree to return the forms and affidavits for registration to the
election authority not later than 30 days before the election.
Under penalties as provided by law pursuant to Article 29 of the
Election Code, the undersigned certifies that the statements set forth
in this application are true and correct.
.........................
Post office address or service address to which registration
materials or ballot should be mailed
.........................
.........................
.........................
........................"
If application is made for a primary election ballot, such
application shall designate the name of the political party with which
the applicant is affiliated.
Such applications may be obtained from the election authority having
jurisdiction over the person's precinct of residence.
2. A spouse or dependent of a member of the United States Service,
said spouse or dependent being a registered voter in the county, may
make application on behalf of said person in the office of the election
authority within the periods prescribed in Section 20-2 which shall be
substantially in the following form:
"APPLICATION FOR BALLOT to be voted at the........... election in
the precinct in which is located the residence of the person for whom
this application is made at.............(insert residence address) in
the city/village/township of......... County of.......... and State
of Illinois.
I certify that the following named person................ (insert
name of person) is a member of the United States Service.
I state that said person is a citizen of the United States; that on
(insert date of election) said person shall have resided in the State of
Illinois and in the election precinct for which this application is made
for 30 days; that on the above date said person shall be the age of 18
years or above; that said person is lawfully entitled to vote in such
precinct at that election; that said person is a member of the United
States Service, and that in the course of his duties said person expects
to be absent from his county of residence on the date of holding such
election, and that said person will have no opportunity to vote in
person on that day.
I hereby make application for an official ballot or ballots to be
voted by said person at such election and said person agrees that he
shall return said ballot or ballots to the election authority postmarked no later than election day, for counting no later than during the period for counting provisional ballots, the last day of which is the 14th day following election day, or shall destroy
said ballot or ballots.
I hereby certify that I am the (mother, father, sister, brother,
husband or wife) of the said elector, and that I am a registered voter
in the election precinct for which this application is made. (Strike all
but one that is applicable.)
Under penalties as provided by law pursuant to Article 29 of The
Election Code, the undersigned certifies that the statements set forth
in this application are true and correct.
Name of applicant ......................
Residence address ........................
City/village/township........................
Service address to which ballot should be mailed:
.........................
.........................
.........................
........................"
If application is made for a primary election ballot, such
application shall designate the name of the political party with which
the person for whom application is made is affiliated.
Such applications may be obtained from the election authority having
jurisdiction over the voting precinct in which the person for whom
application is made is entitled to vote.
(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)
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(10 ILCS 5/20-4)
(from Ch. 46, par. 20-4)
Sec. 20-4. Immediately upon the receipt of the official postcard or
an application as provided in Section 20-3 within the times heretofore
prescribed, the election authority shall ascertain whether or not such
applicant is legally entitled to vote as requested, including verification of the applicant's signature by comparison with the signature on the official registration record card, if any. If the election
authority ascertains that the applicant
is lawfully entitled to vote, it shall enter the name, street address,
ward and precinct number of such applicant on a list to be posted in his
or its office in a place accessible to the public.
Within one day after posting the name and other information of an
applicant for a ballot, the election authority shall transmit that name and
posted information to the State Board of Elections, which shall maintain the
names and other information in an electronic format on its website, arranged by
county and accessible to State and local political committees.
As soon as the
official ballot is prepared the election authority shall immediately
deliver the same to the applicant in person, by mail, by facsimile transmission, or by electronic transmission as provided in this Article.
If any such election authority receives a second or additional
application which it believes is from the same person, he or it shall
submit it to the chief judge of the circuit court or any judge of that
court designated by the chief judge. If the chief judge or his designate
determines that the application submitted to him is a second or
additional one, he shall so notify the election authority who shall
disregard the second or additional application.
The election authority shall maintain a list for each election of the
voters to whom it has issued vote by mail ballots. The list
shall be maintained for each precinct within the jurisdiction of the
election authority. Prior to the opening of the polls on election day,
the election authority shall deliver to the judges of election in each
precinct the list of registered voters in that precinct to whom vote by mail
ballots have been issued.
Election authorities may transmit by facsimile or other electronic means a ballot simultaneously with transmitting an application for vote by mail ballot; however, no such ballot shall be counted unless an application has been completed by the voter and the election authority ascertains that the applicant is lawfully entitled to vote as provided in this Section. (Source: P.A. 98-1171, eff. 6-1-15.)
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(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
Sec. 20-5.
The election authority shall fold the ballot or ballots in
the manner specified by the statute for folding ballots prior to their
deposit in the ballot box and shall enclose such ballot in an envelope
unsealed to be furnished by it, which envelope shall bear upon the face
thereof the name, official title and post office address of the election
authority, and upon the other side of such envelope there shall be
printed a certification in substantially the following form:
"CERTIFICATION
I state that I am a resident/former resident of the ....... precinct of
the city/village/township of ............, (Designation to be made by
Election Authority) or of the .... ward in the city of ...........
(Designation to be made by Election Authority) residing at ................
in said city/village/township in the county of ........... and State of
Illinois; that I am a
1. ( ) member of the United States Service
2. ( ) citizen of the United States temporarily residing outside the
territorial limits of the United States
3. ( ) nonresident civilian citizen
and desire to cast the enclosed ballot pursuant to Article 20 of the Election
Code; that I am lawfully entitled to vote in such precinct at the ...........
election to be held on ............
I further state that I marked the enclosed ballot in secret.
Under penalties as provided by law pursuant to Article 29 of the
Election Code, the undersigned certifies that the statements set forth
in this certification are true and correct.
...............(Name)
.....................
(Service Address)
.....................
.....................
....................."
If the ballot enclosed is to be voted at a primary election, the
certification shall designate the name of the political party with which
the voter is affiliated.
In addition to the above, the election authority shall provide
printed slips giving full instructions regarding the manner of completing
the forms and affidavits for registration by mail or the manner of marking
and returning the ballot in order that the same may be counted, and
shall furnish one of the printed slips to each of the applicants at the
same time the registration materials or ballot is delivered to him.
In addition to the above, if a ballot to be provided to an elector
pursuant to this Section contains a public question described in subsection
(b) of Section 28-6 and the territory concerning which the question is
to be submitted is not described on the ballot due to the space limitations
of such ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a description of the
territory in the manner required by Section 16-7. The
notice shall be furnished to the elector at the same time the ballot
is delivered to the elector.
The envelope in which such registration or such ballot is mailed to the
voter as well as the envelope in which the registration materials or the
ballot is returned by the voter shall have
printed across the face thereof two parallel horizontal red bars, each
one-quarter inch wide, extending from one side of the envelope to the
other side, with an intervening space of one-quarter inch, the top bar
to be one and one-quarter inches from the top of the envelope, and with
the words "Official Election Balloting Material-VIA AIR MAIL" between the
bars. In the upper right corner of such envelope in a box, there shall be
printed the words: "U.S. Postage Paid 42 USC 1973". All printing
on the face of such envelopes shall be in red, including an appropriate
inscription or blank in the upper left corner of return address of sender.
The envelope in which the ballot is returned to the election authority may be delivered (i) by mail, postage paid, (ii) in person, by the spouse, parent, child, brother, or sister of the voter, or (iii) by a company engaged in the business of making deliveries of property and licensed as a motor carrier of property by the Illinois Commerce Commission under the Illinois Commercial Transportation Law. Election authorities transmitting ballots by facsimile or electronic transmission shall, to the extent possible, provide those applicants with the same instructions, certification, and other materials required when sending by mail. (Source: P.A. 100-201, eff. 8-18-17.)
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(10 ILCS 5/20-6)
Sec. 20-6. (Repealed).
(Source: P.A. 98-1171, eff. 6-1-15. Repealed by P.A. 99-522, eff. 6-30-16.)
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(10 ILCS 5/20-7) (from Ch. 46, par. 20-7)
Sec. 20-7.
Upon receipt of such vote by mail voter's ballot, the officer or
officers above described shall forthwith enclose the same unopened,
together with the application made by said vote by mail voter in a large or
carrier envelope which shall be securely sealed and endorsed with the
name and official title of such officer and the words, "This envelope
contains a vote by mail voter's ballot and must be opened
on election day," together with
the number and description of the precinct in which said ballot is to be
voted, and such officer shall thereafter safely keep the same in his
office until counted by him as provided in the next section.
(Source: P.A. 98-1171, eff. 6-1-15.)
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(10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
Sec. 20-8. Time and place of counting ballots. (a) (Blank.) (b) Each vote by mail voter's ballot returned to an election authority, by any means authorized by this Article, and received by that election authority may be processed by the election authority beginning on the day it is received by the election authority in the central ballot counting location of the election authority, but the results of the processing may not be counted until the day of the election after 7:00 p.m., except as provided in subsections (g) and (g-5).
(c) Each vote by mail voter's ballot that is mailed to an election authority and postmarked no later than election day, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the period for counting provisional ballots. Each vote by mail voter's ballot that is mailed to an election authority absent a postmark or a barcode usable with an intelligent mail barcode tracking system, but that is received by the election authority after the polls close on election day and before the close of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt, opened to inspect the date inserted on the certification, and, if the certification date is election day or earlier and the ballot is otherwise found to be valid under the requirements of this Section, counted at the central ballot counting location of the election authority during the period for counting provisional ballots. Absent a date on the certification, the ballot shall not be counted.
If an election authority is using an intelligent mail barcode tracking system, a ballot that is mailed to an election authority absent a postmark may be counted if the intelligent mail barcode tracking system verifies the envelope was mailed no later than election day. (d) Special write-in vote by mail voter's blank ballots returned to an election authority, by any means authorized by this Article, and received by the election authority at any time before the closing of the polls on election day shall be endorsed by the receiving election authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same period provided for counting vote by mail voters' ballots under subsections (b), (g), and (g-5). Special write-in vote by mail voter's blank ballot that are mailed to an election authority and postmarked no later than election day, but that are received by the election authority after the polls close on election day and before the closing of the period for counting provisional ballots cast at that election, shall be endorsed by the receiving authority with the day and hour of receipt and shall be counted at the central ballot counting location of the election authority during the same periods provided for counting vote by mail voters' ballots under subsection (c).
(e) Except as otherwise provided in this Section, vote by mail voters' ballots and special write-in vote by mail voter's blank ballots received by the election authority after the closing of the polls on the day of election shall be
endorsed by the person receiving the ballots with the day and hour of
receipt and shall be safely kept unopened by the election authority for
the period of time required for the preservation of ballots used at the
election, and shall then, without being opened, be destroyed in like
manner as the used ballots of that election.
(f) Counting required under this Section to begin on election day after the closing of the polls shall commence no later than 8:00 p.m. and shall be conducted
by a panel or panels of election judges appointed in the manner provided
by law. The counting shall continue until all vote by mail voters' ballots and special write-in vote by mail voter's blank ballots required to be counted on election day have been counted.
(g) The procedures set forth in Articles 17 and
18 of this Code shall apply to all ballots counted under
this Section. In addition, within 2 days after a ballot subject to this Article is received, but in all cases before the close of the period for counting provisional ballots, the election judge or official shall compare the voter's signature on the certification envelope of that ballot with the signature of the voter on file in the office of the election authority. If the election judge or official determines that the 2 signatures match, and that the voter is otherwise qualified to cast a ballot under this Article, the election authority shall cast and count the ballot on election day or the day the ballot is determined to be valid, whichever is later, adding the results to the precinct in which the voter is registered. If the election judge or official determines that the signatures do not match, or that the voter is not qualified to cast a ballot under this Article, then without opening the certification envelope, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot. In addition to the voter's signatures not matching, a ballot subject to this Article may be rejected by the election judge or official: (1) if the ballot envelope is open or has been opened | ||
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(2) if the voter has already cast an early or grace | ||
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(3) if the voter voted in person on election day or | ||
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(4) on any other basis set forth in this Code. If the election judge or official determines that any of these reasons apply, the judge or official shall mark across the face of the certification envelope the word "Rejected" and shall not cast or count the ballot. (g-5) If a ballot subject to this Article is rejected by the election judge or official for any reason, the election authority shall, within 2 days after the rejection but in all cases before the close of the period for counting provisional ballots, notify the voter that his or her ballot was rejected. The notice shall inform the voter of the reason or reasons the ballot was rejected and shall state that the voter may appear before the election authority, on or before the 14th day after the election, to show cause as to why the ballot should not be rejected. The voter may present evidence to the election authority supporting his or her contention that the ballot should be counted. The election authority shall appoint a panel of 3 election judges to review the contested ballot, application, and certification envelope, as well as any evidence submitted by the vote by mail voter. No more than 2 election judges on the reviewing panel shall be of the same political party. The reviewing panel of election judges shall make a final determination as to the validity of the contested ballot. The judges' determination shall not be reviewable either administratively or judicially. A ballot subject to this subsection that is determined to be valid shall be counted before the close of the period for counting provisional ballots. (g-10) All ballots determined to be valid shall be added to the vote totals for the precincts for which they were cast in the order in which the ballots were opened.
(h) Each political party,
candidate, and qualified civic organization shall be entitled to have
present one pollwatcher for each panel of election judges therein assigned.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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(10 ILCS 5/20-9)
Sec. 20-9. (Repealed).
(Source: P.A. 87-1052. Repealed by P.A. 94-1000, eff. 7-3-06.)
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(10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
Sec. 20-10.
Pollwatchers shall be
permitted to be present during the casting of the vote by mail voters' ballots, each political party, candidate and qualified civic organization shall be entitled to have present one pollwatcher for each panel of election judges therein assigned. Such pollwatchers shall be subject to the same provisions as are provided for pollwatchers in Sections 7-34 and 17-23 of this Code, and shall be permitted to observe the election judges making the signature comparison between that which is on the ballot envelope and that which is on the permanent voter registration record card taken from the master file.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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(10 ILCS 5/20-11) (from Ch. 46, par. 20-11)
Sec. 20-11.
Whenever it shall be made to appear by due proof to the judges
of election that any elector who has marked and forwarded his ballot as
provided in this article has died prior to the opening of the polls on the
date of the election, then the ballot of such deceased voter shall be
returned by the judges of election in the same manner as provided for
rejected ballots above; but the casting of the ballot of a deceased voter
shall not invalidate the election.
(Source: Laws 1944, 1st S.S., p. 6.)
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(10 ILCS 5/20-12) (from Ch. 46, par. 20-12)
Sec. 20-12.
In all counties, cities, towns and precincts in which
voting machines are used, all the provisions of this Act, and not
inconsistent with the provisions of this article, relating to the
furnishing of ballot boxes, printing and furnishing official ballots and
supplies in such number as provided by law, the canvassing of the
ballots and making the proper return of the result of the election,
shall, to the extent necessary to make this article effective, apply
with full force and effect; Provided, however, that the number of
ballots to be printed shall be in the discretion of the election authority.
(Source: P.A. 80-1469.)
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(10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
Sec. 20-13.
If otherwise qualified to vote, any person not covered by Section
20-2, 20-2.1, or 20-2.2 of this Article who is not registered to
vote and who is temporarily absent from his county of residence, may make
special application to the election authority having jurisdiction over
his precinct of permanent residence, not less than 5 days
before a presidential election, for a vote by mail ballot to vote for the
president and vice-president only. Such application shall be furnished by
the election authority and shall be in substantially the following form:
SPECIAL VOTE BY MAIL BALLOT APPLICATION (For use by non-registered Illinois
residents temporarily absent from the county to vote for the president and
vice-president only)
AFFIDAVIT
1. I hereby request a vote by mail ballot to vote for the president and
vice-president only ......... (insert date of general election)
2. I am a citizen of the United States and a permanent resident of Illinois.
3. I have maintained, and still maintain, a permanent abode in Illinois
for the past .......... years at: .......... (House) .......... (Number)
.......... (Street) .......... (City) .......... (Village) .......... (Town)
4. I will not be able to regularly register in person as a voter because
.................... (Give reason for temporary absence such as "Student",
"Temporary job transfer", etc.)
5. I was born .......... (Month) .......... (Day) .......... (Year) in
.................... (State or County);
6. To be filled in only by a person who is foreign-born (If answer is
"yes" in either a. or b. below, fill in appropriate information in c.):
a. One or both of my parents were United States citizens at the
time of my birth?
( ) YES ( ) NO
b. My United States citizenship was derived through an act of the Congress
of the United States?
( ) YES ( ) NO
c. The name of the court issuing papers and the date thereof upon which
my United States citizenship was derived is .................... located
in .......... (City) .......... (State) on .......... (Month) ..........
(Day) .......... (Year)
(For persons who derived citizenship through papers issued through a parent
or spouse, fill in the following)
(1) My parents or spouse's name is:
......... (First) .......... (Middle) .......... (Last)
(2) ........ (Month) .......... (Day) .......... (Year)
is the date of my marriage or my age at which time I derived my citizenship.
7. I am not registered as a voter in any other county in the State of
Illinois or in any other State.
8. I am not requesting a ballot from any other place and am not voting
in any other manner in this election and I have not voted and do not intend
to vote in this election at any other address. I request that you mail
my ballot to the following address:
(Print name and complete mailing address)
.........................................
.........................................
.........................................
9. Under penalties as provided by law pursuant to Article 29 of the
Election Code, the undersigned certifies that the statements set forth in
this application are true and correct.
......................
Signature of Applicant
The procedures set forth in Sections 20-4 through 20-12 of this Article,
insofar as they may be made applicable, shall be applicable to vote by mail
voting under this Section.
(Source: P.A. 100-201, eff. 8-18-17.)
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(10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
Sec. 20-13.1.
Any person not covered by Sections 20-2, 20-2.1 or 20-2.2
of this Article who is registered to vote but who is disqualified from voting
because he moved outside his election precinct during the 30 days preceding
a presidential election may make special application to the election authority
having jurisdiction over his precinct of former residence by mail, not more
than 30 nor less than 5 days before a Federal election, or in person in
the office of the election authority, not more than 30 nor less than 1 day
before a Federal election, for a vote by mail ballot to vote for the president
and vice-president only. Such application shall be furnished by the election
authority and shall be in substantially the following form:
SPECIAL VOTER APPLICATION
(For use by registered Illinois voters disqualified for having moved
outside their precinct on or after the 30th day preceding the election,
to vote for president and vice-president only.)
1. I hereby request a ballot to vote for president and vice-president
only on .......... (insert date of general election).
2. I am a citizen of the United States and my present address is:
....................
(Residence Number) .......... (Street) ....................
(City/Village/Township)
.......... (County) .......... (State).
3. As of .......... (Month), .......... (Day), .......... (Year) I was
a registered voter at .......... (Residence Number) .......... (Street)
.................... (City/Village/Township).
4. I moved to my present address on .......... (Month) .......... (Day)
.......... (Year).
5. I have not registered to vote from nor have I requested a ballot in
any other election jurisdiction in this State or in another State.
6. (If vote by mail request), I request that you mail the ballot to the following address:
Print name and complete mailing address.
........................................
........................................
........................................
Under the penalties as provided by law pursuant to Article 29 of The Election
Code, the undersigned certifies that the statements set forth in
this application are true and correct.
........................
(Signature of Applicant)
7. Subscribed and sworn to before me on .......... (Month) ..........
(Day) .......... (Year)
........................
(Signature of Official
Administering Oath)
The procedures set forth in Sections 20-4 through 20-12 of this Article,
insofar as they may be made applicable, shall be applicable to vote by mail
voting under this Section.
(Source: P.A. 98-1171, eff. 6-1-15.)
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(10 ILCS 5/20-14) (from Ch. 46, par. 20-14)
Sec. 20-14.
The foregoing sections of this article shall be deemed to
provide a method of registration and of voting in addition to the methods
otherwise provided in this Code.
(Source: P.A. 81-953.)
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(10 ILCS 5/20-15)
Sec. 20-15. Precinct tabulation optical scan technology
voting equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 20, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents, provided that ballots under this Article must be counted at the election authority's central ballot counting location. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment, at the central ballot counting location, authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 94-1000, eff. 7-3-06.)
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(10 ILCS 5/20-20)
Sec. 20-20. Report on ballots. On or before the 21st day after an election, each election authority shall transmit to the State Board of Elections the following information with respect to that election: (1) The number, by precinct, of ballots subject to | ||
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(2) The number of rejected ballots subject to this | ||
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(3) The number of voters seeking review of rejected | ||
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(4) The number of ballots counted following review | ||
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On or before the 28th day after an election, the State Board of Elections shall compile the information received under this Section with respect to that election and make that information available to the public.
(Source: P.A. 94-1000, eff. 7-3-06.) |
(10 ILCS 5/20-25) Sec. 20-25. Extraordinary procedures. In the event of a deployment of the United States Armed Forces or the declaration of an emergency by the President of the United States or the Governor of Illinois, The Governor or the executive director of the State Board of Elections may modify the registration and voting procedures established by this Article or by rules adopted pursuant to this Article for the duration of the deployment or emergency in order to facilitate vote by mail voting under this Article. The Governor or executive director, as the case may be, then promptly shall notify each election authority of the changes in procedures. Each election authority shall publicize the modifications and shall provide notice of the modifications to each person under its jurisdiction subject to this Article for whom the election authority has contact information.
(Source: P.A. 98-1171, eff. 6-1-15.) |
(10 ILCS 5/Art. 21 heading) ARTICLE 21.
ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF UNITED STATES
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(10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
Sec. 21-1.
Choosing and election of electors of President and
Vice-President of the United States shall be in the following manner:
(a) In each year in which a President and Vice-President of the United
States are chosen, each political party or group in this State shall choose
by its State Convention or State central committee electors of President and Vice-President of the
United States and such State Convention or State central committee of such party or group shall also
choose electors at large, if any are to be appointed for this State and
such State Convention or State central committee of such party or group shall by its chair and
secretary certify the total list of such electors together with electors at
large so chosen to the State Board of Elections.
The filing of such certificate with the Board, of such choosing of
electors shall be deemed and taken to be the choosing and selection of the
electors of this State, if such party or group is successful at the polls
as herein provided in choosing their candidates for President and
Vice-President of the United States.
(b) The names of the candidates of the several political parties or
groups for electors of President and Vice-President shall not be printed on
the official ballot to be voted in the election to be held on the day in
this Act above named. In lieu of the names of the candidates for such
electors of President and Vice-President, immediately under the appellation
of party name of a party or group in the column of its candidates on the
official ballot, to be voted at said election first above named in
subsection (1) of Section 2A-1.2 and Section 2A-2, there shall be printed
within a bracket the name of the candidate for
President and the name of the candidate for Vice-President of such party or
group with a square to the left of such bracket. Each voter in this State
from the several lists or sets of electors so chosen and selected by the
said respective political parties or groups, may choose and elect one of
such lists or sets of electors by placing a cross in the square to the left
of the bracket aforesaid of one of such parties or groups. Placing a cross
within the square before the bracket enclosing the names of President and
Vice-President shall not be deemed and taken as a direct vote for such
candidates for President and Vice-President, or either of them, but shall
only be deemed and taken to be a vote for the entire list or set of
electors chosen by that political party or group so certified to the State
Board of Elections as herein provided. Voting by means of placing a cross
in the appropriate place preceding the appellation or title of the
particular political party or group, shall not be deemed or taken as a
direct vote for the candidates for President and Vice-President, or either
of them, but instead to the Presidential vote, as a vote for the entire
list or set of electors chosen by that political party or group so
certified to the State Board of Elections as herein provided.
(c) Such certification by the respective political parties or groups in
this State of electors of President and Vice-President shall be made to the
State Board of Elections within 2 days after such State convention or meeting of the State central committee in which the electors were chosen.
(d) Should more than one certificate of choice and selection of electors
of the same political party or group be filed by contesting conventions or
contesting groups, it shall be the duty of the State Board of Elections
within 10 days after the adjournment of the last of such conventions to
meet and determine which set of nominees for electors of such party or
group was chosen and selected by the authorized convention of such party or
group. The Board, after notice to the chair and secretaries or managers
of the conventions or groups and after a hearing shall determine which set
of electors was so chosen by the authorized convention and shall so
announce and publish the fact, and such decision shall be final and the set
of electors so determined upon by the electoral board to be so chosen shall
be the list or set of electors to be deemed elected if that party shall be
successful at the polls, as herein provided.
(e) Should a vacancy occur in the choice of an elector in a
congressional district, such vacancy may be filled by the executive
committee of the party or group for such congressional district, to be
certified by such committee to the State Board of Elections. Should a
vacancy occur in the office of elector at large, such vacancy shall be
filled by the State committee of such political party or group, and
certified by it to the State Board of Elections.
(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)
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(10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
Sec. 21-2. The county clerks of the several counties shall, within 21 days
next after holding the election named in subsection (1) of Section 2A-1.2 and
Section 2A-2, make 2 copies of the abstract of the votes cast for electors by
each political party or group, as indicated by the voter, as aforesaid, by a
cross in the square to the left of the bracket aforesaid, or as indicated
by a cross in the appropriate place preceding the appellation or title of
the particular political party or group, and transmit by mail one of the
copies to the office of the State Board of Elections and retain the other
in his office, to be sent for by the electoral board in case the other
should be mislaid. Within 31 days after the holding of such election, and
sooner if all the returns are received by the State Board of Elections, the
State Board of Elections shall proceed to open and canvass said election
returns and to declare which set of candidates for President and
Vice-President received, as aforesaid, the highest number of votes cast at
such election as aforesaid; and the electors of that party whose candidates
for President and Vice-President received the highest number of votes so
cast shall be taken and deemed to be elected as electors of President and
Vice-President, but should 2 or more sets of candidates for President and
Vice-President be returned with an equal and the highest vote, the State
Board of Elections shall cause a notice of the same to be published, which
notice shall name some day and place, not less than 5 days from the time of
such publication of such notice, upon which the State Board of Elections
will decide by lot which of the sets of candidates for President and
Vice-President so equal and highest shall be declared to be highest. And
upon the day and at the place so appointed in the notice, the board shall
so decide by lot and declare which is deemed highest of the sets of
candidates for President and Vice-President so equal and highest, thereby
determining only that the electors chosen as aforesaid by such candidates'
party or group are thereby elected by general ticket to be such electors.
(Source: P.A. 100-863, eff. 8-14-18.)
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(10 ILCS 5/21-3) (from Ch. 46, par. 21-3)
Sec. 21-3.
Within five days after the votes shall have been canvassed and
the results declared or the result declared by lot as provided for in
Section 21-2 above, the Governor shall cause the result of said election
to be published, and shall proclaim the persons electors of President and
Vice-President so chosen composing the list so elected, by transmitting by
mail to the several persons so chosen and composing the list or set
elected, electors of President and Vice-President certificates in
triplicate, under the Seal of State of their appointment, and shall also
transmit under the Seal of State to the Secretary of State of the United
States the certificate of the election of said electors as required by the
laws of Congress.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/21-4) (from Ch. 46, par. 21-4)
Sec. 21-4.
Presidential electors; meeting; allowance.
The electors, elected under this Article, shall meet at
the office of the
Secretary of State in a room to be designated by the Secretary in
the Capitol at
Springfield in this State, at the time appointed by the laws of the United
States at the hour of ten o'clock in the forenoon of that day, and
give
their votes for President and for Vice-President of the United States, in
the manner provided in this Article, and perform such duties as
are or may be
required by law. Each elector shall receive
an allowance for food and lodging equal to the amount per day permitted to
be deducted for such expenses under the Internal Revenue Code, plus a mileage
allowance at the rate in effect under regulations promulgated pursuant to 5
U.S.C.
5707(b)(2) for the number of highway miles necessarily and conveniently
traveled, for going to the seat of
government to
give his or her vote and returning to
his or her residence and otherwise performing the official duties of an
elector, to be
paid on the warrant of the State Comptroller, out of
any
money in the
treasury not otherwise appropriated, and any person appointed by the
electors assembled to fill a vacancy shall also receive the allowances
provided for electors
appointed.
(Source: P.A. 92-359, eff. 1-1-02.)
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(10 ILCS 5/21-5) (from Ch. 46, par. 21-5)
Sec. 21-5.
In case any person duly elected an elector of President and
Vice-President of the United States shall fail to attend at the Capitol on
the day on which his vote is required to be given, it shall be the duty of
the elector or electors of President and Vice-President, attending at the
time and place, to appoint a person or persons to fill such vacancy;
provided, that should the person or persons chosen, as in this Article
provided, in the foregoing sections, arrive at the place aforesaid before
the votes for President and Vice-President are actually given, the person
or persons appointed to fill such vacancy shall not act as elector of
President and Vice-President.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/Art. 22 heading) ARTICLE 22.
CANVASSING VOTES
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(10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
Sec. 22-1. Abstracts of votes. Within 21 days after the
close of the
election at which candidates for offices hereinafter named in this Section are
voted upon, the election authorities of the respective counties shall open the returns and make abstracts of
the votes on a separate sheet for each of the following:
A. For Governor and Lieutenant Governor;
B. For State officers;
C. For presidential electors;
D. For United States Senators and Representatives to | ||
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E. For judges of the Supreme Court;
F. For judges of the Appellate Court;
G. For judges of the circuit court;
H. For Senators and Representatives to the General | ||
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I. For State's Attorneys elected from 2 or more | ||
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J. For amendments to the Constitution, and for other | ||
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K. For county officers and for propositions submitted | ||
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L. For Regional Superintendent of Schools;
M. For trustees of Sanitary Districts; and
N. For Trustee of a Regional Board of School Trustees.
Each sheet shall report the returns by precinct or ward. Multiple originals of each of the sheets shall be prepared and one of
each shall be turned over to the chair of the county central
committee of each of the then existing established political parties, as
defined in Section 10-2, or his duly authorized representative
immediately after the completion of the entries on the sheets and before
the totals have been compiled.
The foregoing abstracts shall be preserved by the election authority in its office.
Whenever any county clerk is unable to canvass the vote,
the deputy county clerk or a designee of the county clerk shall serve in his or her place.
The powers and duties of the election authority canvassing the votes are limited to
those specified in this Section.
No person who is shown by the election authority's proclamation to have been elected at the consolidated election or general election as a write-in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7-10 or Section 10-5, a statement pursuant to Section 7-10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected. For officers elected at the consolidated election, the certifying officer shall notify the election authority of the receipt of those documents, and the county clerk shall issue the certification of election under the provisions of Section 22-18.(Source: P.A. 100-1027, eff. 1-1-19.)
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(10 ILCS 5/22-1.2)
Sec. 22-1.2. (Repealed).
(Source: P.A. 81-1149. Repealed by P.A. 94-647, eff. 1-1-06.)
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(10 ILCS 5/22-2) (from Ch. 46, par. 22-2)
Sec. 22-2.
The county clerk shall make out a certificate of election to
each of the persons having the highest number of votes, for the several
county offices, and deliver such certificate to the person entitled to it,
on his application.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/22-3) (from Ch. 46, par. 22-3)
Sec. 22-3. When two (2) or more persons receive an equal and the highest
number of votes for an office to be filled by the county alone, the county
clerk shall issue a notice to such persons of such tie vote, and require
them to appear at his office, on a day named in the notice, no later than 21 days following an election, and determine by lot which of them is to be
declared elected.
(Source: P.A. 93-847, eff. 7-30-04.)
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(10 ILCS 5/22-4) (from Ch. 46, par. 22-4)
Sec. 22-4.
On the day appointed, the clerk and the chair (or vice-chair
or secretary, as the case may be) of the county central
committees of the Republican and Democratic parties and other canvassers,
or, in case of their absence the state's attorney or sheriff, shall attend,
and the parties interested shall appear and determine by lot which of them
is to be declared elected; and the clerk shall issue his certificate of
election to the person thus declared elected.
(Source: P.A. 100-1027, eff. 1-1-19.)
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(10 ILCS 5/22-5) (from Ch. 46, par. 22-5)
Sec. 22-5. Immediately after the completion of the abstracts of votes by precinct or ward, the county
clerk shall make 2 correct copies of the abstracts of votes for Governor,
Lieutenant Governor, Secretary of State, State Comptroller, Treasurer,
Attorney General, both of which said copies he shall envelope and seal up,
and endorse upon the envelopes in substance, "Abstracts of votes for State
Officers from .... County"; and shall seal up a copy of each of the
abstracts of votes for other officers and amendments to the Constitution
and other propositions voted on, and endorse the same so as to show the
contents of the package, and address the same to the State Board of
Elections. The several packages shall then be placed in one envelope and
addressed to the State Board of Elections.
The county clerk shall send the sealed envelope addressed to the State Board
of Elections
via overnight mail so it arrives at the address the following calendar day.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
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(10 ILCS 5/22-6) (from Ch. 46, par. 22-6)
Sec. 22-6. E-Canvass. (a) Within 22 days after each election, each Election Authority shall provide unit-by-unit vote totals to the State Board of Elections in an electronic format to be prescribed by the State Board of Elections. The State Board of Elections shall promulgate rules necessary for the implementation of this Section.
(b) Beginning with the November 2014 general election and every primary, consolidated, general, and special election thereafter, within 52 days after each election, the State Board of Elections shall publish the precinct-by-precinct vote totals on its website and make them available in a downloadable form. (Source: P.A. 98-115, eff. 7-29-13.)
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(10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
Sec. 22-7. Canvass of votes; declaration and proclamation of result. The State Board of Elections, shall proceed within 31 days
after the election,
and sooner if all the returns are received, to canvass the votes given
for United States Senators and Representatives to Congress, State
executive officers, judges of the Supreme Court, judges of the Appellate
Court, judges of the Circuit Court, Senators, Representatives to the
General Assembly, State's Attorneys and Regional Superintendents of Schools
elected from 2 or more counties, respectively, and the persons
having the highest number of votes for the respective offices shall be
declared duly elected, but if it appears that more than the number of
persons to be elected have the highest and an equal number of votes for
the same office, the electoral board shall decide by lot which of such
persons shall be elected; and to each person duly elected, the Governor
shall give a certificate of election or commission, as the case may
require, and shall cause proclamation to be made of the result of the
canvass, and they shall at the same time and in the same manner, canvass
the vote cast upon amendments to the Constitution, and upon other
propositions submitted to the electors of the entire State; and the
Governor shall cause to be made such proclamation of the result of the
canvass as the statutes elsewhere provide. The State Board of Elections
shall transmit to the State Comptroller a list of the persons elected to
the various offices. The State Board of Elections shall also transmit to
the Supreme Court the names of persons elected to judgeships in
adversary elections and the names of judges who fail to win retention in
office.
No person who is shown by the canvassing board's proclamation to have been elected at the consolidated election or general election as a write-in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7-10 or Section 10-5, a statement pursuant to Section 7-10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected. For officers elected at the consolidated election, the certifying officer shall notify the election authority of the receipt of those documents, and the county clerk shall issue the certification of election under the provisions of Section 22-18.
(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
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(10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
Sec. 22-8. In municipalities operating under Article 6 of this Act,
within 21 days after the close of such election, the board of election
commissioners
shall open all returns and shall make abstracts or
statements of the votes for all offices and questions voted on at the election.
Each abstract or statement shall report the returns by precinct or ward.
Multiple originals of each of the abstracts or statements shall be prepared and one of
each shall be turned over to the chair of the county central committee
of each of the then existing established political parties, as defined in
Section 10-2.
(Source: P.A. 100-1027, eff. 1-1-19.)
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(10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
Sec. 22-9. It shall be the duty of the election authority to canvass and add up
and declare the result of every election hereafter held within the
boundaries of such city, village or incorporated town operating under
Article 6 of this Act. The election authority shall file a certified copy of the
record with the County Clerk of the county; and
such abstracts or results shall be treated, by the County Clerk in all
respects, as if made by the election authority now provided by the foregoing
sections of this law, and he shall transmit the same, by facsimile, e-mail, or other electronic means, to the State Board of
Elections, or other proper officer, as required hereinabove.
The county clerk or board of election commissioners, as the case may be,
shall also send the
abstract by precinct or ward and result in a sealed envelope addressed to the State Board of
Elections via
overnight mail so it arrives at the address the following calendar day.
And such
abstracts or results so declared, and a certified
copy thereof, shall be treated everywhere within the state, and by all
public officers, with the same binding force and effect as the abstract of
votes now authorized by the foregoing provisions of this Act.
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; 95-331, eff. 8-21-07.)
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(10 ILCS 5/22-9.1) (from Ch. 46, par. 22-9.1)
Sec. 22-9.1. Within 5 days after the last day for proclamation of the results of any
canvass declaring persons nominated, elected or declared eligible for a
runoff election for any office or declaring the
adoption or rejection of a question of public policy, the following
persons may file a petition for discovery:
(a) any candidate who, in the entire area in which | ||
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(b) any 5 electors of the same area within which | ||
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A petition under this Section shall be filed with the election authority
for purposes of
discovery only. The petition shall ask that ballots, voting machines,
or ballot cards - as the case may be - shall be examined, that any
automatic tabulating equipment shall be tested, and that ballots,
recorded votes, or ballot cards - as the case may be - shall be counted
in specified precincts, not exceeding 25% of the
total number of precincts within the jurisdiction
of the election authority. Where there are fewer than 4 precincts under
the jurisdiction of the election authority and within the area in which
votes could be cast
in the election in connection with which the petition has been filed,
discovery shall be permitted in one of such precincts.
A petition filed under this Section shall be accompanied by the
payment of a fee of $50 per precinct specified.
All such fees shall be paid by the election authority into the county or city
treasury, as the case may be.
After 3 days notice in writing to the successful candidate for the
same office or, in the case of a question of public policy, such
notice as will reasonably inform interested persons of the time and
place of the discovery proceedings, the election authority shall examine the
ballots, voting machines, ballot cards, voter affidavits and applications
for ballot, test the automatic
tabulating equipment, and count the ballots, recorded votes, and ballot
cards in the specified election districts or precincts. At the request
of any candidate entitled to participate in the discovery proceedings, the
election authority shall also make available for examination the ballot
applications and voter affidavits for the specified precincts. Each candidate
affected by such examination shall have the right to attend the same in
person or by his representative. In the case of a question of public
policy, the board shall permit an equal number of acknowledged
proponents and acknowledged opponents to attend the examination.
On completion of the count of any ballots in each district or
precinct, the ballots shall be secured and sealed in the same manner
required of judges of election by Sections 7-54 and 17-20 of the Election Code.
The handling of the ballots in accord with this Section shall not of
itself affect the admissibility in evidence of the ballots in any other
proceedings, either legislative or judicial.
The results of the examination and count shall not be certified, used
to amend or change the abstracts of the votes previously completed, used
to deny the successful candidate for the same office his certificate of
nomination or election, nor used to change the previously declared result of the vote
on a question of public policy. Such count shall not be binding in an
election contest brought about under the provisions of the Election
Code, shall not be a prerequisite to bringing such an election contest,
shall not prevent the bringing of such an election contest, nor shall it
affect the results of the canvass previously proclaimed.
(Source: P.A. 103-467, eff. 8-4-23.)
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(10 ILCS 5/22-10) (from Ch. 46, par. 22-10)
Sec. 22-10.
The County Clerk shall make out a certificate of election
to each person having the highest number of votes for the several county
offices, and deliver such certificate of election to the person
entitled to it, on his application.
(Source: P.A. 80-1469.)
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(10 ILCS 5/22-12) (from Ch. 46, par. 22-12)
Sec. 22-12. In the canvass of such votes by the election
authority, provided
in section 22-8 hereof, the election
authority shall declare who is elected to any
city or town office. In the case of a tie in the election to any city, or
to any office voted for only within the territory of such city, it shall be
determined by lot, in such manner as such canvassers shall direct, which
candidate or candidates shall hold the office, and thereupon the person in
whose favor it shall result, shall be declared elected by the order entered
in the court as aforesaid.
(Source: P.A. 94-647, eff. 1-1-06.)
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