(10 ILCS 5/1A-16.7) Sec. 1A-16.7. Automatic voter registration. (a) The State Board of Elections shall establish and maintain a portal for automatic government agency voter registration that permits an eligible person to electronically apply to register to vote or to update his or her existing voter registration as provided in Section 1A-16.1 or Section 1A-16.2. The portal shall interface with the online voter registration system established in Section 1A-16.5 of this Code and shall be capable of receiving and processing voter registration application information, including electronic signatures, from the Office of the Secretary of State and each designated automatic voter registration agency, as defined in Section 1A-16.2. The State Board of Elections may cross-reference voter registration information from any designated automatic voter registration agency, as defined under Section 1A-16.2 of this Code, with information contained in the database of the Secretary of State as provided under subsection (c) of Section 1A-16.5 of this Code. The State Board of Elections shall modify the online voter registration system as necessary to implement this Section. (b) Voter registration data received from the Office of the Secretary of State or a designated automatic voter registration agency through the online registration application system shall be processed as provided in Section 1A-16.5 of this Code. (c) The State Board of Elections shall establish technical specifications applicable to each automatic government registration program, including data format and transmission specifications. The Office of the Secretary of State and each designated automatic voter registration agency shall maintain a data transfer mechanism capable of transmitting voter registration application information, including electronic signatures where available, to the online voter registration system established in Section 1A-16.5 of this Code. (d) The State Board of Elections shall, by rule, establish criteria and procedures for determining whether an agency of the State or federal government seeking to become a designated automatic voter registration agency has access to reliable personal information, as defined under this subsection (d) and subsection (f) of Section 1A-16.2 of this Code, and otherwise meets the requirements to enter into an interagency contract and to operate as a designated automatic voter registration agency. The State Board of Elections shall approve each interagency contract upon affirmative vote of a majority of its members. As used in this subsection (d), "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. (e) Whenever an applicant's data is transferred from the Office of the Secretary of State or a designated automatic voter registration agency, the agency must transmit a signature image if available. If no signature image was provided by the agency, or if no signature image is available in the Office of the Secretary of State's database or the statewide voter registration database, the applicant must be notified that his or her registration will remain in a pending status, and the applicant will be required to provide identification that complies with the federal Help America Vote Act of 2002 and a signature to the election authority on election day in the polling place or during early voting. (f) Upon receipt of personal information collected and transferred by the Office of the Secretary of State or a designated automatic voter registration agency, the State Board of Elections shall check the information against the statewide voter registration database. The State Board of Elections shall create and electronically transmit to the appropriate election authority a voter registration application for any individual who is not registered to vote in Illinois and is not disqualified as provided in this Section or whose information reliably indicates a more recent update to the name or address of a person already included in the statewide voter database. The election authority shall process the application accordingly. (g) The appropriate election authority shall ensure that any applicant who is registered to vote or whose existing voter registration is updated under this Section is promptly sent written notice of the change. The notice required by this subsection (g) may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (g) shall contain, at a minimum: (i) the applicant's name and residential address as reflected on the voter registration list; (ii) a statement notifying the applicant to contact the appropriate election authority if his or her voter registration has been updated in error; (iii) the qualifications to register to vote in Illinois; (iv) a statement notifying the applicant that he or she may opt out of voter registration or request a change to his or her registration information at any time by contacting an election official; and (v) contact information for the appropriate election authority, including a phone number, address, electronic mail address, and website address. (h) The appropriate election authority shall ensure that any applicant whose voter registration application is not accepted or deemed incomplete is promptly sent written notice of the application's status. The notice required by this subsection may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (h) shall contain, at a minimum, the reason the application was not accepted or deemed incomplete and contact information for the appropriate election authority, including a phone number, address, electronic mail address, and website address. (i) If the Office of the Secretary of State or a designated automatic voter registration agency transfers information, or if the State Board of Elections creates and transmits a voter registration application, for a person who does not qualify as an eligible voter, then it shall not constitute a completed voter registration form, and the person shall not be considered to have registered to vote. (j) If the registration is processed by any election authority, then it shall be presumed to have been effected and officially authorized by the State, and that person shall not be found on that basis to have made a false claim to citizenship or to have committed an act of moral turpitude, nor shall that person be subject to penalty under any relevant laws, including, but not limited to, Sections 29-10 and 29-19 of this Code. This subsection (j) does not apply to a person who knows that he or she is not entitled to register to vote and who willfully votes, registers to vote, or attests under penalty of perjury that he or she is eligible to register to vote or willfully attempts to vote or to register to vote. (k) The State Board of Elections, the Office of the Secretary of State, and each designated automatic voter registration agency shall implement policies and procedures to protect the privacy and security of voter information as it is acquired, stored, and transmitted among agencies, including policies for the retention and preservation of voter information. Information designated as confidential under this Section may be recorded and shared among the State Board of Elections, election authorities, the Office of the Secretary of State, and designated automatic voter registration agencies, but shall be used only for voter registration purposes, shall not be disclosed to the public except in the aggregate as required by subsection (m) of this Section, and shall not be subject to the Freedom of Information Act. The following information shall be designated as confidential: (1) any portion of an applicant's Social Security |
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(2) any portion of an applicant's driver's license
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| number or State identification number;
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(3) an applicant's decision to decline voter
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(4) the identity of the person providing information
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| relating to a specific applicant; and
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(5) the personal residence and contact information of
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| any applicant for whom notice has been given by an appropriate legal authority.
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This subsection (k) shall not apply to information the State Board of Elections is required to share with the Electronic Registration Information Center.
(l) The voter registration procedures implemented under this Section shall comport with the federal National Voter Registration Act of 1993, as amended, and shall specifically require that the State Board of Elections track registration data received through the online registration system that originated from a designated automatic voter registration agency for the purposes of maintaining statistics.
Nothing in this Code shall require designated voter registration agencies to transmit information that is confidential client information under State or federal law without the consent of the applicant.
(m) The State Board of Elections, each election authority that maintains a website, the Office of the Secretary of State, and each designated automatic voter registration agency that maintains a website shall provide information on their websites informing the public about the new registration procedures described in this Section. The Office of the Secretary of State and each designated automatic voter registration agency shall display signage or provide literature for the public containing information about the new registration procedures described in this Section.
(n) No later than 6 months after the effective date of this amendatory Act of the 100th General Assembly, the State Board of Elections shall hold at least one public hearing on implementing this amendatory Act of the 100th General Assembly at which the public may provide input.
(o) The State Board of Elections shall submit an annual public report to the General Assembly and the Governor detailing the progress made to implement this Section. The report shall include all of the following: the number of records transferred under this Section by agency, the number of voters newly added to the statewide voter registration list because of records transferred under this Section by agency, the number of updated registrations under this Section by agency, the number of persons who opted out of voter registration, and the number of voters who submitted voter registration forms using the online procedure described in Section 1A-16.5 of this Code. The 2018 and 2019 annual reports may include less detail if election authorities are not equipped to provide complete information to the State Board of Elections. Any report produced under this subsection (o) shall exclude any information that identifies any individual personally.
(p) The State Board of Elections, in consultation with election authorities, the Office of the Secretary of State, designated automatic voter registration agencies, and community organizations, shall adopt rules as necessary to implement the provisions of this Section.
(Source: P.A. 100-464, eff. 8-28-17.)
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(10 ILCS 5/1A-16.8) Sec. 1A-16.8. Automatic transfer of registration based upon information from the National Change of Address database and designated automatic voter registration agencies. (a) The State Board of Elections shall cross-reference the statewide voter registration database against the United States Postal Service's National Change of Address database twice each calendar year, April 15 and October 1 in odd-numbered years and April 15 and December 1 in even-numbered years or with the same frequency as in subsection (b) of this Section, and shall share the findings with the election authorities. (b) In addition, beginning no later than September 1, 2017, the State Board of Elections shall utilize data provided as part of its membership in the Electronic Registration Information Center in order to cross-reference the statewide voter registration database against databases of relevant personal information kept by designated automatic voter registration agencies, including, but not limited to, driver's license information kept by the Secretary of State, at least 6 times each calendar year and shall share the findings with election authorities. This subsection (b) shall no longer apply once Sections 1A-16.1 and 1A-16.2 of this Code are fully implemented as determined by the State Board of Elections. Upon a determination by the State Board of Elections of full implementation of Sections 1A-16.1 and 1A-16.2 of this Code, the State Board of Elections shall file notice of full implementation and the inapplicability of this subsection (b) with the Index Department of the Office of the Secretary of State, the Governor, the General Assembly, and the Legislative Reference Bureau. (b-5) The State Board of Elections shall not be required to share any data on any voter attained using the National Change of Address database under subsection (a) of this Section if that voter has a more recent government transaction indicated using the cross-reference under subsection (b) of this Section. If there is contradictory or unclear data between data obtained under subsections (a) and (b) of this Section, then data obtained under subsection (b) of this Section shall take priority. (c) An election authority shall automatically register any voter who has moved into its jurisdiction from another jurisdiction in Illinois or has moved within its jurisdiction provided that: (1) the election authority whose jurisdiction |
| includes the new registration address provides the voter an opportunity to reject the change in registration address through a mailing, sent by non-forwardable mail, to the new registration address, and
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(2) when the election authority whose jurisdiction
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| includes the previous registration address is a different election authority, then that election authority provides the same opportunity through a mailing, sent by forwardable mail, to the previous registration address.
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This change in registration shall trigger the same inter-jurisdictional or intra-jurisdictional workflows as if the voter completed a new registration card, including the cancellation of the voter's previous registration. Should the registration of a voter be changed from one address to another within the State and should the voter appear at the polls and offer to vote from the prior registration address, attesting that the prior registration address is the true current address, the voter, if confirmed by the election authority as having been registered at the prior registration address and canceled only by the process authorized by this Section, shall be issued a regular ballot, and the change of registration address shall be canceled. If the election authority is unable to immediately confirm the registration, the voter shall be permitted to register and vote a regular ballot, provided that he or she meets the documentary requirements for same-day registration. If the election authority is unable to confirm the registration and the voter does not meet the requirements for same-day registration, the voter shall be issued a provisional ballot.
(d) No voter shall be disqualified from voting due to an error relating to an update of registration under this Section.
(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
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(10 ILCS 5/1A-25) Sec. 1A-25. Centralized statewide voter registration list. The centralized statewide voter registration list required by Title III, Subtitle A, Section 303 of the Help America Vote Act of 2002 shall be created and maintained by the State Board of Elections as provided in this Section. (1) The centralized statewide voter registration list |
| shall be compiled from the voter registration data bases of each election authority in this State.
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(2) With the exception of voter registration forms
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| submitted electronically through an online voter registration system, all new voter registration forms and applications to register to vote, including those reviewed by the Secretary of State at a driver services facility, shall be transmitted only to the appropriate election authority as required by Articles 4, 5, and 6 of this Code and not to the State Board of Elections. All voter registration forms submitted electronically to the State Board of Elections through an online voter registration system shall be transmitted to the appropriate election authority as required by Section 1A-16.5. The election authority shall process and verify each voter registration form and electronically enter verified registrations on an expedited basis onto the statewide voter registration list. All original registration cards shall remain permanently in the office of the election authority as required by this Code.
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(3) The centralized statewide voter registration list
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(i) Be designed to allow election authorities to
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| utilize the registration data on the statewide voter registration list pertinent to voters registered in their election jurisdiction on locally maintained software programs that are unique to each jurisdiction.
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(ii) Allow each election authority to perform
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| essential election management functions, including but not limited to production of voter lists, processing of vote by mail voters, production of individual, pre-printed applications to vote, administration of election judges, and polling place administration, but shall not prevent any election authority from using information from that election authority's own systems.
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(4) The registration information maintained by each
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| election authority shall be synchronized with that authority's information on the statewide list at least once every 24 hours.
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(5) The vote by mail, early vote, and rejected ballot
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| information maintained by each election authority shall be synchronized with the election authority's information on the statewide list at least once every 24 hours. The State Board of Elections shall maintain the information required by this paragraph in an electronic format on its website, arranged by county and accessible to State and local political committees.
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(i) Within one day after receipt of a vote by
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| mail voter's ballot, the election authority shall transmit by electronic means the voter's name, street address, email address and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections.
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(ii) Within one day after receipt of an early
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| voter's ballot, the election authority shall transmit by electronic means the voter's name, street address, email address and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections.
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(iii) If a vote by mail ballot is rejected for
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| any reason, within one day after the rejection the election authority shall transmit by electronic means the voter's name, street address, email address and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections. If a rejected vote by mail ballot is determined to be valid, the election authority shall, within one day after the determination, remove the name of the voter from the list transmitted to the State Board of Election.
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(6) Beginning no later than January 1, 2024, the
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| statewide voter registration list shall be updated on a monthly basis by no sooner than the first of every month; however, the information required in paragraph (5) shall be updated at least every 24 hours and made available upon request to permitted entities as described in this Section.
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To protect the privacy and confidentiality of voter registration information, the disclosure of any portion of the centralized statewide voter registration list to any person or entity other than to a State or local political committee and other than to a governmental entity for a governmental purpose is specifically prohibited except as follows: (1) subject to security measures adopted by the State Board of Elections which, at a minimum, shall include the keeping of a catalog or database, available for public view, including the name, address, and telephone number of the person viewing the list as well as the time of that viewing, any person may view the list on a computer screen at the Springfield office of the State Board of Elections, during normal business hours other than during the 27 days before an election, but the person viewing the list under this exception may not print, duplicate, transmit, or alter the list; or (2) as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system.
(Source: P.A. 103-467, eff. 8-4-23.)
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(10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)
(Text of Section WITH the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-1.
All Elections - Governed by this Code - Construction of
Article 2A.
(a) No public question may be submitted to any voters in this State, nor
may any person be nominated for public office or elected to public or
political party office in this State except pursuant to this Code,
notwithstanding the provisions of any other statute or municipal charter.
However, this Code shall not apply to elections for officers or public
questions of local school councils established pursuant to Chapter 34 of
the School Code, soil and water conservation districts or drainage
districts, except as specifically made applicable by another statute.
(b) All elections in this State shall be held in accordance with the
consolidated schedule of elections established in Sections 2A-1.1 and
2A-1.2. No election may be held on any date other than a date on which
an election is scheduled under Section 2A-1.1, except special elections
to fill congressional vacancies held pursuant to writs of election
issued by the Governor, judicial elections to fill vacancies in the office of
Supreme Court Judge held pursuant to writs of election issued by the
Governor under subsection (a-5) of Section 2A-9, township referenda and votes
of the town electors
held at the annual town meeting, emergency referenda approved pursuant to
Section 2A-1.4, special elections held between January 1, 1995 and July 1,
1995 under Section 34-53 of the School Code, and city, village or
incorporated town primary elections in
even-numbered years expressly authorized in this Article to provide for
annual partisan elections.
(c) At the respective elections established in Section 2A-1.1,
candidates shall be elected to office, nominated for election thereto or
placed on the ballot as otherwise required by this Code, and public
questions may be submitted, as specified in Section 2A-1.2.
(d) If the requirements of Section 2A-1.2 conflict with any specific
provision of Sections 2A-2 through 2A-54, as applied to any office or
election, the requirements of Section 2A-1.2 prevail, and shall be
enforced by the State Board of Elections.
(e) In the event any court of competent jurisdiction declares an
election void, the court may order another election without regard to
the schedule of elections set forth in this Article.
(Source: P.A. 89-719, eff. 3-7-97 .)
(Text of Section WITHOUT the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-1.
All Elections - Governed by this Code - Construction of
Article 2A.
(a) No public question may be submitted to any voters in this State, nor
may any person be nominated for public office or elected to public or
political party office in this State except pursuant to this Code,
notwithstanding the provisions of any other statute or municipal charter.
However, this Code shall not apply to elections for officers or public
questions of local school councils established pursuant to Chapter 34 of
the School Code, soil and water conservation districts or drainage
districts, except as specifically made applicable by another statute.
(b) All elections in this State shall be held in accordance with the
consolidated schedule of elections established in Sections 2A-1.1 and
2A-1.2. No election may be held on any date other than a date on which
an election is scheduled under Section 2A-1.1, except special elections
to fill congressional vacancies held pursuant to writs of election
issued by the Governor, township referenda and votes of the town electors
held at the annual town meeting, emergency referenda approved pursuant to
Section 2A-1.4, special elections held between January 1, 1995 and July 1,
1995 under Section 34-53 of the School Code, and city, village or incorporated
town primary elections in even-numbered years expressly authorized in this
Article to provide for annual partisan elections.
(c) At the respective elections established in Section 2A-1.1,
candidates shall be elected to office, nominated for election thereto or
placed on the ballot as otherwise required by this Code, and public
questions may be submitted, as specified in Section 2A-1.2.
(d) If the requirements of Section 2A-1.2 conflict with any specific
provision of Sections 2A-2 through 2A-54, as applied to any office or
election, the requirements of Section 2A-1.2 prevail, and shall be
enforced by the State Board of Elections.
(e) In the event any court of competent jurisdiction declares an
election void, the court may order another election without regard to
the schedule of elections set forth in this Article.
(Source: P.A. 88-511 .)
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(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated schedule of elections; offices designated.
(a) At the general election in the appropriate even-numbered years, the
following offices shall be filled or shall be on the ballot as otherwise
required by this Code:
(1) Elector of President and Vice President of the |
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(2) United States Senator and United States
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(3) State Executive Branch elected officers.
(4) State Senator and State Representative.
(5) County elected officers, including State's
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| Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive.
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(6) Circuit Court Clerk.
(7) Regional Superintendent of Schools, except in
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| counties or educational service regions in which that office has been abolished.
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(8) Judges of the Supreme, Appellate and Circuit
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| Courts, on the question of retention, to fill vacancies and newly created judicial offices.
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(9) (Blank).
(10) Trustee of the Metropolitan Water Reclamation
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| District of Greater Chicago, and elected Trustee of other Sanitary Districts.
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(11) Special District elected officers, not otherwise
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| designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties.
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(12) Beginning with the 2024 general election, the
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| elected members of the Chicago Board of Education; the election of members of the Chicago Board of Education shall be a nonpartisan election as provided for under this Code and may be conducted on a separate ballot.
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(b) At the general primary election:
(1) in each even-numbered year candidates of
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| political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.
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(2) in the appropriate even-numbered years the
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| political party offices of State central committeeperson, township committeeperson, ward committeeperson, and precinct committeeperson shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.
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(3) in each even-numbered year, where the
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| municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.
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(4) in each school district which has adopted the
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| provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.
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(c) At the consolidated election in the appropriate odd-numbered years,
the following offices shall be filled:
(1) Municipal officers, provided that in
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| municipalities in which candidates for alderperson or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;
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(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
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| designated in this Section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;
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(7) Township officers, including township park
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| commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;
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(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts
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| which adopt Article 33 of the School Code;
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(10) The directors and chair of the Chain O Lakes -
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| Fox River Waterway Management Agency;
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(11) Forest preserve district commissioners elected
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| under Section 3.5 of the Downstate Forest Preserve District Act;
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(12) Elected members of school boards, school
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| trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code;
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(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
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| Exposition and Auditorium Authority;
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(16) Elected Trustees of Tuberculosis Sanitarium
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(17) Elected Officers of special districts not
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| otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.
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(d) At the consolidated primary election in each odd-numbered year,
candidates of political parties shall be nominated for those offices to be
filled at the consolidated election in that year, except where pursuant to
law nomination of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of subsection
(c).
At the consolidated primary election in the appropriate odd-numbered years,
the mayor, clerk, treasurer, and alderpersons shall be elected in
municipalities in which
candidates for mayor, clerk, treasurer, or alderperson are not permitted by
law to be candidates
of political parties, subject to runoff elections to be held at the
consolidated election as may be required
by law, and municipal officers shall be nominated in a nonpartisan election
in municipalities in which pursuant to law candidates for such office are
not permitted to be candidates of political parties.
At the consolidated primary election in the appropriate odd-numbered years,
municipal officers shall be nominated or elected, or elected subject to
a runoff, as may be provided by an ordinance providing a form of government
of the municipality pursuant to Section 7 of Article VII of the Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public questions may
be submitted to voters pursuant to this Code and any special election
otherwise required or authorized by law or by court order may be conducted
pursuant to this Code.
Notwithstanding the regular dates for election of officers established
in this Article, whenever a referendum is held for the establishment of
a political subdivision whose officers are to be elected, the initial officers
shall be elected at the election at which such referendum is held if otherwise
so provided by law. In such cases, the election of the initial officers
shall be subject to the referendum.
Notwithstanding the regular dates for election of officials established
in this Article, any community college district which becomes effective by
operation of law pursuant to Section 6-6.1 of the Public Community College
Act, as now or hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the effective
date of the new district.
(g) At any election established in Section 2A-1.1, if in any precinct
there are no offices or public questions required to be on the ballot under
this Code then no election shall be held in the precinct on that date.
(h) There may be conducted a
referendum in accordance with the provisions of Division 6-4 of the
Counties Code.
(Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22; 102-558, eff. 8-20-21; 102-691, eff. 12-17-21 .)
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(10 ILCS 5/2A-9) (from Ch. 46, par. 2A-9)
(Text of Section WITH the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-9.
Supreme, Appellate and Circuit Judges.
(a) Except as otherwise provided in subsection (a-5), if one of the
following events occurs 92 or more days before a general primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December of the next even-numbered
year:
(1) the judge dies;
(2) the Chief Justice receives a written resignation |
| or notice of retirement, signed and submitted by the judge, which specifies a date of resignation or retirement on or before the first Monday in December of the next even-numbered year;
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(3) a statute mandates the judge's retirement for
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| reason of age on or before the first Monday in December of the next even-numbered year;
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(4) the judge was eligible to seek retention in the
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| next general election but failed to timely file a declaration of candidacy to succeed himself or, having timely filed such declaration, withdrew it;
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(5) the judge is convicted of a felony or other
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(6) the judge is removed from office.
Except as otherwise provided in subsection (a-5), if one of the preceding
events occurs less than 92 days before a general primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December following the second
general election thereafter.
(a-5) If a vacancy occurs in the office of Supreme Court Judge, including
one of the events described in subsection (a) or a
vacancy occurring because of the failure of the Judge to be retained in office,
the Governor shall issue writs of election to fill that vacancy in a manner
provided in this subsection. The
Governor shall issue a writ of election within 5 days after the occurrence of
that vacancy to the county clerks of the several counties in the Judicial
District where the vacancy exists, appointing a day within 115 days to hold a
judicial election to fill such vacancy. The Governor shall issue a writ of
election to hold a judicial primary election to nominate candidates for the
office of Supreme Court Judge at least 30 days preceding the judicial election.
A Supreme Court Judge elected under this subsection (a-5) shall begin his or
her term upon certification of his or her election by the State Board of
Elections. If the vacancy occurred 92 or more days before a general primary
election at
which judges are to be nominated, a Supreme
Court Judge elected to fill a vacancy under this subsection (a-5)
shall hold his or her office until the first Monday in December following the
next general election, at which general election a Supreme Court Judge shall be
elected for a full term.
If the vacancy occurred less than 92 days before a general primary election at
which judges are to be nominated, a Supreme Court Judge elected to fill a
vacancy under this subsection (a-5) shall hold his or her office until the
first Monday in December following the second general election thereafter, at
which general election a Supreme Court Judge shall be elected for a full
term.
(b) Judges of the Appellate and Circuit Courts shall be elected in their
respective districts or circuits at the general election of each
even-numbered year immediately preceding the expiration of the term of
each incumbent judge, not retained, and shall enter upon the duties of
their offices on the first Monday of December after their election.
(c) Whenever an additional appellate or Circuit Judge is authorized by
law, the office shall be filled in the manner
provided for filling a vacancy in that office.
(Source: P.A. 89-719, eff. 3-7-97 .)
(Text of Section WITHOUT the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-9.
Supreme, Appellate and Circuit Judges.
(a) If one of the following
events occurs 92 or more days before a general primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December of the next even-numbered
year:
(1) the judge dies;
(2) the Chief Justice receives a written resignation
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| or notice of retirement, signed and submitted by the judge, which specifies a date of resignation or retirement on or before the first Monday in December of the next even-numbered year;
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(3) a statute mandates the judge's retirement for
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| reason of age on or before the first Monday in December of the next even-numbered year;
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(4) the judge was eligible to seek retention in the
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| next general election but failed to timely file a declaration of candidacy to succeed himself or, having timely filed such declaration, withdrew it;
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(5) the judge is convicted of a felony or other
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(6) the judge is removed from office.
If one of the preceding
events occurs less than 92 days before a primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December following the second
general election thereafter.
(b) Judges of the Appellate and Circuit Courts shall be elected in their
respective districts or circuits at the general election of each
even-numbered year immediately preceding the expiration of the term of
each incumbent judge, not retained, and shall enter upon the duties of
their offices on the first Monday of December after their election.
(c) Whenever an additional appellate or Circuit Judge is authorized by
law, the office shall be filled in the manner
provided for filling a vacancy in that office.
(Source: P.A. 86-1348 .)
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