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Illinois Compiled Statutes
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ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/24C-14
(10 ILCS 5/24C-14)
Sec. 24C-14.
Tabulating Votes; Direction;
Presence of
Public; Computer Operator's Log and Canvass. The procedure for
tabulating the votes by the Direct Recording Electronic Voting
System shall be under the direction of the election authority
and shall conform to the requirements of the Direct Recording
Electronic Voting System. During any election-related activity
using the automatic Direct Recording Electronic Voting System
equipment, the election authority shall make a reasonable effort
to dedicate the equipment to vote processing to ensure the
security and integrity of the system.
A reasonable number of pollwatchers shall be admitted to
the counting location. Such persons may observe the tabulating
process at the discretion of the election authority; however, at
least one representative of each established political party and
authorized agents of the State Board of Elections shall be
permitted to observe this process at all times. No persons
except those employed and authorized for the purpose shall touch
any ballot, ballot box, return, or equipment.
The computer operator shall be designated by the election
authority and shall be sworn as a deputy of the election
authority. In conducting the vote tabulation and canvass, the
computer operator must maintain a log which shall include the
following information:
(a) alterations made to programs associated with the | |
(b) if applicable, console messages relating to the
| | program and the respective responses made by the operator;
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(c) the starting time for each precinct counted, the
| | number of ballots counted for each precinct, any equipment problems and, insofar as practicable, the number of invalid security designations encountered during that count; and
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(d) changes and repairs made to the equipment during
| | the vote tabulation and canvass.
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The computer operator's log and canvass shall be available
for public inspection in the office of the election authority
for a period of 60 days following the proclamation of election
results. A copy of the computer operator's log and the canvass
shall be transmitted to the State Board of Elections upon its
request and at its expense.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-15
(10 ILCS 5/24C-15)
Sec. 24C-15. Official return of precinct; check of totals;
audit. The precinct return printed by the Direct Recording
Electronic Voting System tabulating equipment shall include the
number of ballots cast and votes cast for each candidate and
public question and shall constitute the official return of each
precinct. In addition to the precinct return, the election
authority shall provide the number of applications for ballots
in each precinct, the total number of ballots and vote by mail
ballots counted in each precinct for each political subdivision
and district and the number of registered voters in each
precinct. However, the election authority shall check the
totals shown by the precinct return and, if there is an obvious
discrepancy regarding the total number of votes cast in any
precinct, shall have the ballots for that precinct audited to
correct the return. The procedures for this audit shall apply
prior to and after the proclamation is completed; however, after
the proclamation of results, the election authority must obtain
a court order to unseal voted ballots or voting devices except
for election contests and discovery recounts. The certificate
of results, which has been prepared and signed by the judges of
election after the ballots have been
tabulated, shall be the document used for the canvass of votes
for such precinct. Whenever a discrepancy exists during the
canvass of votes between the unofficial results and the
certificate of results, or whenever a discrepancy exists during
the canvass of votes between the certificate of results and the
set of totals reflected on the certificate of results, the
ballots for that precinct shall be audited to correct the
return.
Prior to the proclamation, the election authority shall
test the voting devices and equipment in 5% of the precincts
within the election jurisdiction, as well as 5% of the voting devices used in early voting. The precincts and the voting devices to be tested
shall be selected after election day on a random basis by the
State Board of Elections, so that every precinct and every device used in early voting in the election
jurisdiction has an equal mathematical chance of being selected.
The State Board of Elections shall design a standard and
scientific random method of selecting the precincts and voting devices that are to
be tested. The State central committee chair
of each established political party shall be given prior written notice of the time
and place of the random selection procedure and may be
represented at the procedure.
The test shall be conducted by counting the votes marked on
the permanent paper record of each ballot cast in the tested
precinct printed by the voting system at the time that each
ballot was cast and comparing the results of this count with the
results shown by the certificate of results prepared by the
Direct Recording Electronic Voting System in the test precinct.
The election authority shall test count these votes either by
hand or by using an automatic tabulating device other than a
Direct Recording Electronic voting device that has been approved
by the State Board of Elections for that purpose and tested
before use to ensure accuracy. The election authority shall
print the results of each test count. If any error is detected,
the cause shall be determined and corrected, and an errorless
count shall be made prior to the official canvass and
proclamation of election results. If an errorless count cannot
be conducted and there continues to be difference in vote
results between the certificate of results produced by the
Direct Recording Electronic Voting System and the count of the
permanent paper records or if an error was detected and
corrected, the election authority shall immediately prepare and
forward to the appropriate canvassing board a written report
explaining the results of the test and any errors encountered
and the report shall be made available for public inspection.
The State Board of Elections, the State's Attorney and
other appropriate law enforcement agencies, the county chair
of each established political party and qualified civic
organizations shall be given prior written notice of the time
and place of the test and may be represented at the test.
The results of this post-election test shall be treated in
the same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Code.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/24C-15.01
(10 ILCS 5/24C-15.01)
Sec. 24C-15.01.
Transporting Ballots to Central Counting
Station; Container. Upon completion of the tabulation, audit or
test of voting equipment pursuant to Sections 24C-11 through
24C-15, the ballots and the medium containing the ballots from
each precinct shall be replaced in the container in which they
were transported to the central counting station. If the
container is not a type which may be securely locked, then each
container, before being transferred from the counting station to
storage, shall be securely sealed.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-15.1
(10 ILCS 5/24C-15.1)
Sec. 24C-15.1.
Discovery, Recounts and Election Contests.
Except as provided, discovery recounts and election contests
shall be conducted as otherwise provided for in this Code. The
Direct Recording Electronic Voting System equipment shall be
tested prior to the discovery recount or election contest as
provided in Section 24C-9, and then the official ballots shall
be audited.
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted.
The additional costs of a redundant count shall be borne by the
requesting party.
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
election contest.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-16
(10 ILCS 5/24C-16)
Sec. 24C-16. Approval of Direct Recording Electronic Voting
Systems; Requisites. The State Board of Elections shall approve
all Direct Recording Electronic Voting Systems that fulfill the
functional requirements provided by Section 24C-11 of this Code,
the mandatory requirements of the federal voting system
standards pertaining to Direct Recording Electronic Voting
Systems promulgated by the Federal Election Commission or the
Election Assistance Commission, the testing requirements of an
approved independent testing authority and the rules of the
State Board of Elections.
The State Board of Elections shall not approve any Direct Recording Electronic Voting System that includes an external Infrared Data Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its
approval of a Direct Recording Electronic Voting System if the
System, once approved, fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely responsible for the production and cost of: all application fees; all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software.
Any voting system vendor, person, or other private entity seeking the State Board of Elections' approval of a voting system shall, as part of the approval application, submit to the State Board a non-refundable fee. The State Board of Elections by rule shall establish an appropriate fee structure, taking into account the type of voting system approval that is requested (such as approval of a new system, a modification of an existing system, the size of the modification, etc.). No voting system or modification of a voting system shall be approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or loan, or have a written contract, including a contract contingent upon State Board approval of the voting system or voting system component, to sell, lease, or loan, a
Direct Recording Electronic Voting System or system component to
any election jurisdiction unless the system or system component
is first approved by the State Board of Elections pursuant to
this Section.
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
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10 ILCS 5/24C-17
(10 ILCS 5/24C-17)
Sec. 24C-17.
Rules; Number of Voting Stations.
The State
Board of Elections may make reasonable rules for the
administration of this Article and may prescribe the number of
voting stations required for the various types of voting
systems.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-18
(10 ILCS 5/24C-18)
Sec. 24C-18.
Specimen Ballots; Publication.
When a
Direct Recording Electronic Voting System is used, the
election authority shall cause to be published, at least 5
days before the day of each general and general primary
election, in 2 or more newspapers published in and having a
general circulation in the county, a true and legible copy
of the specimen ballot containing the names of offices and
candidates and public questions to be voted on, as near as
may be, in the form in which they will appear on the
official ballot on election day. A true legible copy may
be in the form of an actual size ballot and shall be
published as required by this Section if distributed in 2
or more newspapers published and having a general
circulation in the county as an insert. For each election
prescribed in Article 2A of this Code, specimen ballots
shall be made available for public distribution and shall
be supplied to the judges of election for posting in the
polling place on the day of election. Notice for the
consolidated elections shall be given as provided in
Article 12.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/24C-19
(10 ILCS 5/24C-19)
Sec. 24C-19.
Additional Method of Voting.
The
foregoing Sections of this Article shall be deemed to
provide a method of voting in addition to the methods
otherwise provided in this Code.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/Art. 25
(10 ILCS 5/Art. 25 heading)
ARTICLE 25.
RESIGNATIONS AND VACANCIES
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10 ILCS 5/25-1
(10 ILCS 5/25-1) (from Ch. 46, par. 25-1)
Sec. 25-1.
Except as otherwise provided in Section 25-2, resignations of
elective offices shall be made to the officer, court or county board authorized
by law to fill a vacancy in such office by appointment, or to order an election
to fill such vacancy.
(Source: P.A. 88-419.)
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10 ILCS 5/25-2
(10 ILCS 5/25-2) (from Ch. 46, par. 25-2)
Sec. 25-2. Events on which an elective office becomes vacant. Every
elective office shall become vacant on the happening of any
of the following events before the expiration of the term of such office:
(1) The death of the incumbent.
(2) His or her resignation.
(3) His or her becoming a person under legal | |
(4) His or her ceasing to be an inhabitant of the
| | State; or if the office is local, his or her ceasing to be an inhabitant of the district, county, town, or precinct for which he or she was elected; provided, that the provisions of this paragraph shall not apply to township officers whose township boundaries are changed in accordance with Section 10-20 of the Township Code, to a township officer after disconnection as set forth in Section 15-17 of the Township Code, nor to township or multi-township assessors elected under Sections 2-5 through 2-15 of the Property Tax Code.
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(5) His or her conviction of an infamous crime, or of
| | any offense involving a violation of official oath.
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(6) His or her removal from office.
(7) His or her refusal or neglect to take his or her
| | oath of office, or to give or renew his or her official bond, or to deposit or file such oath or bond within the time prescribed by law.
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(8) The decision of a competent tribunal declaring
| | his or her election void.
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No elective office, except as herein otherwise provided, shall become
vacant until the successor of the incumbent of such office has been appointed
or elected, as the case may be, and qualified.
An unconditional resignation, effective at a future date, may not be
withdrawn after it is received by the officer authorized to fill the
vacancy. Such resignation shall create a vacancy in office for the purpose
of determining the time period which would require an election. The
resigning office holder may continue to hold such office until the date or
event specified in such resignation, but no later than the date at which
his or her successor is elected and qualified.
An admission of guilt of a criminal offense that would, upon conviction,
disqualify the holder of an elective office from holding that office, in the
form of a written agreement with State or federal prosecutors to plead guilty
to a felony, bribery, perjury, or other infamous crime under State or federal
law, shall constitute a resignation from that office, effective at the time the
plea agreement is made.
For purposes of this Section, a conviction for an offense that disqualifies
the holder of an elective office from holding that office shall occur on the
date of the return of a guilty verdict or, in the case of a trial by the court,
the entry of a finding of guilt.
This Section does not apply to any elected or appointed officers or officials of any municipality having a population under 500,000.
(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
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10 ILCS 5/25-3 (10 ILCS 5/25-3) (from Ch. 46, par. 25-3) Sec. 25-3. (a) Whenever it is alleged that a vacancy in any office exists, the officer, body, or county board who has authority to fill the vacancy by appointment, or to order an election to fill such vacancy, shall have power to determine whether or not the facts occasioning such vacancy exist. (b) On or before the 141st day previous to the day of election for which judicial candidates are to be nominated: (1) The Chief Justice of the Supreme Court shall | | certify to the State Board of Elections the names of all judges who have died, resigned, retired or forfeited their office since the last general election and whose vacancies will be filled at the next general election.
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| (2) The secretary of the Illinois Courts Commission
| | shall certify to the State Board of Elections the names of judges who have been removed from office and whose vacancies will be filled at the next general election.
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| (3) The Secretary of State shall certify to the State
| | Board of Elections the names of judges who were eligible to stand for retention at the next general election, but failed to file a declaration of candidacy to succeed themselves in office or, having timely filed such a declaration, withdrew it.
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| (4) The State Board of Elections shall determine
| | whether the General Assembly has created new judgeships which are to be filled at the next general election.
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| If one of the events described in subsection (a) of Section 2A-9 of this Code occurs between the 141st day and the 134th day previous to the day of election for which judicial candidates are to be nominated, the appropriate aforementioned officer shall promptly certify the vacancy to the State Board of Elections.
(c) Except with regard to new judgeships which have been created by the General Assembly, the State Board of Elections may rely upon the certifications from the Supreme Court, the Illinois Courts Commission and the Secretary of State to determine (1) when vacancies in judicial office exist and (2) the judicial positions for which elections are to be held.
(Source: P.A. 103-600, eff. 7-1-24.)
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10 ILCS 5/25-4
(10 ILCS 5/25-4) (from Ch. 46, par. 25-4)
Sec. 25-4.
In case of vacancies in the offices of Governor and
Lieutenant-Governor, the officer performing the duties of the office of
Governor, or if there is no such officer, the Secretary of State, shall
issue a proclamation appointing a day for a special election to fill such
vacancies, and shall issue a writ of election to the county clerks of the
several counties in the state, and shall also, when necessary, call a
special session of the General Assembly to canvass the votes cast at such
election; but if such vacancy shall occur not more than ninety (90) days
before a general election for members of the legislature, the vacancies
shall be filled at such general election, in which case no special session
of the General Assembly to canvass the votes shall be deemed necessary.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/25-5
(10 ILCS 5/25-5) (from Ch. 46, par. 25-5)
Sec. 25-5.
In accordance with Section 7 of Article V of the Illinois Constitution of 1970, if the Attorney General, Secretary of State, Comptroller, or Treasurer fails to qualify, or if his or her office becomes vacant, the Governor shall fill the office by appointment. If there are 28 months or less remaining in the term at the time of the vacancy or failure to qualify, the appointed officer shall serve for the remainder of the term. If there are more than 28 months remaining in the term at the time of the vacancy or failure to qualify, the office shall be filled by a special election to be held at the next general election. In the case of a special election pursuant to this Section, the appointed officer shall serve until the election results are certified and the person elected at the special election is qualified. Nominations shall be made in accordance with Section 7-68 of this Code. For purposes of this Section, a special election shall not be held if the person elected to the office failed to qualify for a period of less than 30 calendar days. The office to be filled by special election shall appear on the regular ballot at the general election, and shall not require the use of a separate ballot.
(Source: P.A. 98-1170, eff. 1-12-15.)
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10 ILCS 5/25-6 (10 ILCS 5/25-6) (from Ch. 46, par. 25-6) Sec. 25-6. General Assembly vacancies. (a) When a vacancy occurs in the office of State Senator or Representative in the General Assembly, the vacancy shall be filled within 30 days by appointment of the legislative or representative committee of that legislative or representative district of the political party of which the incumbent was a candidate at the time of his election. Prior to holding a meeting to fill the vacancy, the committee shall make public (i) the names of the committeeperson on the appropriate legislative or representative committee, (ii) the date, time, and location of the meeting to fill the vacancy, and (iii) any information on how to apply or submit a name for consideration as the appointee. A meeting to fill a vacancy in office shall be held in the district or virtually, and any meeting shall be accessible to the public. The appointee shall be a member of the same political party as the person he succeeds was at the time of his election, and shall be otherwise eligible to serve as a member of the General Assembly. (b) When a vacancy occurs in the office of a legislator elected other than as a candidate of a political party, the vacancy shall be filled within 30 days of such occurrence by appointment of the Governor. The appointee shall not be a member of a political party, and shall be otherwise eligible to serve as a member of the General Assembly. Provided, however, the appropriate body of the General Assembly may, by resolution, allow a legislator elected other than as a candidate of a political party to affiliate with a political party for his term of office in the General Assembly. A vacancy occurring in the office of any such legislator who affiliates with a political party pursuant to resolution shall be filled within 30 days of such occurrence by appointment of the appropriate legislative or representative committee of that legislative or representative district of the political party with which the legislator so affiliates. The appointee shall be a member of the political party with which the incumbent affiliated. (c) For purposes of this Section, a person is a member of a political party for 23 months after (i) signing a candidate petition, as to the political party whose nomination is sought; (ii) signing a statement of candidacy, as to the political party where nomination or election is sought; (iii) signing a Petition of Political Party Formation, as to the proposed political party; (iv) applying for and receiving a primary ballot, as to the political party whose ballot is received; or (v) becoming a candidate for election to or accepting appointment to the office of ward, township, precinct or state central committeeperson. (d) In making appointments under this Section, each committeeperson of the appropriate legislative or representative committee shall be entitled to one vote for each vote that was received, in that portion of the legislative or representative district which he represents on the committee, by the Senator or Representative whose seat is vacant at the general election at which that legislator was elected to the seat which has been vacated and a majority of the total number of votes received in such election by the Senator or Representative whose seat is vacant is required for the appointment of his successor; provided, however, that in making appointments in legislative or representative districts comprising only one county or part of a county other than a county containing 2,000,000 or more inhabitants, each committeeperson shall be entitled to cast only one vote. (e) Appointments made under this Section shall be in writing and shall be signed by members of the legislative or representative committee whose total votes are sufficient to make the appointments or by the Governor, as the case may be. Such appointments shall be filed with the Secretary of State and with the Clerk of the House of Representatives or the Secretary of the Senate, whichever is appropriate. (f) An appointment made under this Section shall be for the remainder of the term, except that, if the appointment is to fill a vacancy in the office of State Senator and the vacancy occurs with more than 28 months remaining in the term, the term of the appointment shall expire at the time of the next general election at which time a Senator shall be elected for a new term commencing on the determination of the results of the election and ending on the second Wednesday of January in the second odd-numbered year next occurring. If a vacancy in office of State Senator occurs with more than 28 months remaining in the term and after the period for filing petitions for the general primary election, then the appropriate legislative committee for the applicable political party may fill a vacancy in nomination for that office in accordance with Section 7-61 for the next general election, except that each committeeperson of the appropriate legislative committee shall be entitled to one vote for each vote received, by the Senator whose seat is vacant, in the portion of the legislative district that the committeeperson represents on the committee, at the most recent general election at which that Senator was elected. A majority of the total number of votes received in that election by the Senator whose seat is vacant is required to fill the vacancy in nomination. However, in filling a vacancy in nomination in a legislative district composed of only one county or part of a county, other than a county containing 2,000,000 or more inhabitants, each committeeperson shall be entitled to cast only one vote. Whenever a Senator has been appointed to fill a vacancy and was thereafter elected to that office, the term of service under the authority of the election shall be considered a new term of service, separate from the term of service rendered under the authority of the appointment. (Source: P.A. 102-15, eff. 6-17-21; 103-586, eff. 5-3-24.) |
10 ILCS 5/25-7
(10 ILCS 5/25-7) (from Ch. 46, par. 25-7)
Sec. 25-7.
(a) When any vacancy shall occur in the office of representative in congress
from this state more than 240 days before the next general election, 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
district where the vacancy exists, appointing a day within 180 days of issuance of the writ to hold
a special election to fill such vacancy.
(b) Except as provided in this subsection (b), the provisions of Article 7 of this Code are applicable to petitions for the special primary election and special election. Petitions for nomination in accordance with Article 7 shall be filed in the principal office of the State Board of Elections not more than 85 and not less than 82 days prior to the date of the special primary election, excluding Saturday and Sunday. Petitions for the nomination of independent candidates and candidates of new political parties shall be filed in the principal office of the State Board of Elections not more than 93 and not less than 90 days prior to the date of the special election, excluding Saturday and Sunday. Except as provided in this subsection, the State Board of Elections shall have authority to establish, in conjunction with the impacted election authorities, an election calendar for the special election and special primary. (Source: P.A. 98-1171, eff. 6-1-15; 99-221, eff. 7-31-15.)
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10 ILCS 5/25-8
(10 ILCS 5/25-8) (from Ch. 46, par. 25-8)
Sec. 25-8.
When a vacancy shall occur in the office of United States
Senator from this state, the Governor shall make temporary appointment to
fill such vacancy until the next election of representatives in Congress,
at which time such vacancy shall be filled by election, and the senator so
elected shall take office as soon thereafter as he shall receive his
certificate of election.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/25-10
(10 ILCS 5/25-10) (from Ch. 46, par. 25-10)
Sec. 25-10.
This Section applies only to counties of 3,000,000 or more
population. When a vacancy occurs in the office of Clerk of the Circuit
Court of any of the counties in this State, it shall be the duty of the
Circuit Judges of the respective judicial circuit in which
such vacancy may occur, to make an appointment to fill the vacancy for
the remainder of the unexpired term. However, if more than 28 months
remain in the term, the appointment shall be until the next general
election, at which time a clerk of the circuit court shall be elected for
the balance of the unexpired term. The appointee shall be a member of the
same political party as the person he succeeds was at the time of his
election and shall be otherwise eligible to serve as Clerk of the Circuit
Court. The Circuit Judges may appoint a Clerk Pro Tempore for whatever
period is necessary while reviewing the qualifications of candidates for
appointment to the office.
(Source: P.A. 90-672, eff. 7-31-98.)
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10 ILCS 5/25-11
(10 ILCS 5/25-11) (from Ch. 46, par. 25-11)
Sec. 25-11.
Except as otherwise provided in this paragraph, when a vacancy occurs in any elective county office, or in a
county of less than 3,000,000 population in the office of clerk of the circuit
court, in a county which is not a home rule unit, the county board or board
of county commissioners shall declare that such vacancy exists and
notification thereof
shall be given to the county central committee or the appropriate county board
or board of county commissioners district committee of each established
political party within 3 days of the
occurrence of the vacancy. The vacancy shall be filled
within 60 days by appointment of the chair of the county board
or board of county commissioners with the advice and consent of the county
board or board of county commissioners.
In counties other than Champaign County operating under the county executive form of government under Division 2-5 of the Counties Code, when a vacancy occurs in an elected county office other than in the office of an elected member of the county board, the county executive shall declare that such vacancy exists and then notification of the vacancy shall be given to the county central committee of each established political party within 3 days of the occurrence of the vacancy, and the vacancy shall be filled within 60 days by appointment of the county executive with the advice and consent of the county board. However, when a vacancy occurs in the office of an elected member of the county board in a county other than Champaign County that is operating under the county executive form of government under Division 2-5 of the Counties Code, the elected county board speaker or county board chair, as the case may be, shall declare that such vacancy exists and then notification shall be given to the appropriate county board district committee of each established political party within 3 days of the occurrence of the vacancy, and the vacancy shall be filled within 60 days by appointment of the elected county board speaker or county board chair, as the case may be, with the advice and consent of the county board. In Champaign County while operating under the county executive form of government under Division 2-5 of the Counties Code, when a vacancy occurs in an elected county office or in the office of an elected member of the county board, the elected county board speaker or county board chair, as the case may be, shall declare that such vacancy exists and then notification shall be given to the county central committee or the appropriate county board district committee of each established political party within 3 days of the occurrence of the vacancy; and the vacancy shall be filled within 60 days by appointment of the elected county board speaker or county board chair, as the case may be, with the advice and consent of the county board. In counties in which forest preserve district commissioners are
elected by districts and are not also members of the county board, however,
vacancies in the office of forest preserve district commissioner shall be
filled within 60 days by appointment of the president of the forest preserve
district board of commissioners with the advice and consent of the forest
preserve district board of commissioners. In counties in which the forest
preserve district president is not also a member of the county board, vacancies
in
the office of forest preserve district president shall be filled within 60 days
by the forest preserve district board of commissioners by appointing one of the
commissioners to serve as president.
The appointee
shall be a member of the same political party as the person he
succeeds was at the time of his election and shall be otherwise
eligible to serve.
The appointee shall serve the remainder of the unexpired term. However, if
more than 28 months remain in the term, the appointment shall be until the
next general election at which time the vacated office shall be
filled by election for the remainder of the term. In the
case of a vacancy in a seat on a county board or board of county
commissioners which
has been divided into districts under Section 2-3003 or 2-4006.5 of
the Counties Code, the appointee must also be a resident of the
county board or county commission district.
If a county commissioner ceases to reside in the district that he or
she represents, a vacancy in that office exists.
Except as otherwise provided by county ordinance or by law, in
any county which is a home rule unit, vacancies in elective
county offices, other than the office of chief executive officer,
and vacancies in the office of clerk of the circuit court in a county of
less than 3,000,000 population, shall be filled
by the county board or board of county commissioners.
(Source: P.A. 102-1120, eff. 1-23-23.)
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10 ILCS 5/25-11.1
(10 ILCS 5/25-11.1) (from Ch. 46, par. 25-11.1)
Sec. 25-11.1.
A vacancy in the office of a State's Attorney or
superintendent of an educational service region who serves 2 or more
counties shall be filled by joint appointment of the county boards of those
counties until the next general election when a successor shall be elected
for the balance of the unexpired term or for a full term, as the case may be.
(Source: P.A. 84-861.)
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10 ILCS 5/Art. 26
(10 ILCS 5/Art. 26 heading)
ARTICLE 26. PUBLICATION OF ELECTION LITERATURE (Repealed) |
10 ILCS 5/Art. 27
(10 ILCS 5/Art. 27 heading)
ARTICLE 27. PROMISES OR PLEDGES BY CANDIDATES (Repealed) |
10 ILCS 5/Art. 28
(10 ILCS 5/Art. 28 heading)
ARTICLE 28.
SUBMITTING PUBLIC QUESTIONS
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10 ILCS 5/28-1 (10 ILCS 5/28-1) (from Ch. 46, par. 28-1) Sec. 28-1. The initiation and submission of all public questions to be voted upon by the electors of the State or of any political subdivision or district or precinct or combination of precincts shall be subject to the provisions of this Article. Questions of public policy which have any legal effect shall be submitted to referendum only as authorized by a statute which so provides or by the Constitution. Advisory questions of public policy shall be submitted to referendum pursuant to Section 28-5 or pursuant to a statute which so provides. The method of initiating the submission of a public question shall be as provided by the statute authorizing such public question, or as provided by the Constitution. All public questions shall be initiated, submitted and printed on the ballot in the form required by Section 16-7 of this Act, except as may otherwise be specified in the statute authorizing a public question. Whenever a statute provides for the initiation of a public question by a petition of electors, the provisions of such statute shall govern with respect to the number of signatures required, the qualifications of persons entitled to sign the petition, the contents of the petition, the officer with whom the petition must be filed, and the form of the question to be submitted. If such statute does not specify any of the foregoing petition requirements, the corresponding petition requirements of Section 28-6 shall govern such petition. Irrespective of the method of initiation, not more than 3 public questions other than (a) back door referenda, (b) referenda to determine whether a disconnection may take place where a city coterminous with a township is proposing to annex territory from an adjacent township, (c) referenda held under the provisions of the Property Tax Extension Limitation Law in the Property Tax Code, (d) referenda held under Section 2-3002 of the Counties Code, or (e) referenda held under Article 22, 23, or 29 of the Township Code may be submitted to referendum with respect to a political subdivision at the same election. If more than 3 propositions are timely initiated or certified for submission at an election with respect to a political subdivision, the first 3 validly initiated, by the filing of a petition or by the adoption of a resolution or ordinance of a political subdivision, as the case may be, shall be printed on the ballot and submitted at that election. However, except as expressly authorized by law not more than one proposition to change the form of government of a municipality pursuant to Article VII of the Constitution may be submitted at an election. If more than one such proposition is timely initiated or certified for submission at an election with respect to a municipality, the first validly initiated shall be the one printed on the ballot and submitted at that election. No public question shall be submitted to the voters of a political subdivision at any regularly scheduled election at which such voters are not scheduled to cast votes for any candidates for nomination for, election to or retention in public office, except that if, in any existing or proposed political subdivision in which the submission of a public question at a regularly scheduled election is desired, the voters of only a portion of such existing or proposed political subdivision are not scheduled to cast votes for nomination for, election to or retention in public office at such election, but the voters in one or more other portions of such existing or proposed political subdivision are scheduled to cast votes for nomination for, election to or retention in public office at such election, the public question shall be voted upon by all the qualified voters of the entire existing or proposed political subdivision at the election. Not more than 3 advisory public questions may be submitted to the voters of the entire state at a general election. If more than 3 such advisory propositions are initiated, the first 3 timely and validly initiated shall be the questions printed on the ballot and submitted at that election; provided however, that a question for a proposed amendment to Article IV of the Constitution pursuant to Section 3, Article XIV of the Constitution, or for a question submitted under the Property Tax Cap Referendum Law, shall not be included in the foregoing limitation. Notwithstanding any other provision of law, a community mental health public question may not be placed on the 2024 primary or general election ballot in the same township where a community mental health public question was approved on the 2022 general election ballot. (Source: P.A. 103-565, eff. 11-17-23.) |
10 ILCS 5/28-2
(10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
Sec. 28-2. (a) Except as otherwise provided in this Section, petitions
for the submission of public questions to referendum must be filed with the
appropriate officer or board not less than 92 days prior to a regular
election to be eligible for submission on the ballot at such election; and
petitions for the submission of a question under Section 18-120 or Section 18-206 of the
Property Tax Code must be filed with the appropriate officer or board not more
than 10 months nor less than 6 months prior to the election at which such
question is to be submitted to the voters.
(b) However, petitions for the submission of a public question to
referendum which proposes the creation or formation of a political
subdivision must be filed with the appropriate officer or board not less
than 122 days prior to a regular election to be eligible for submission on
the ballot at such election.
(c) Resolutions or ordinances of governing boards of political
subdivisions which initiate the submission of public questions pursuant
to law must be adopted not less than 79 days before a regularly scheduled
election to be eligible for submission on the ballot at such election.
(d) A petition, resolution or ordinance initiating the submission of a
public question may specify a regular election at which the question is
to be submitted, and must so specify if the statute authorizing the
public question requires submission at a particular election. However,
no petition, resolution or ordinance initiating the submission of a
public question, other than a legislative resolution initiating an
amendment to the Constitution, may specify such submission at an
election more than one year, or 15 months in the case of a back door referendum as defined in subsection (f), after the date on which it is filed or
adopted, as the case may be. A petition, resolution or ordinance
initiating a public question which specifies a particular election at
which the question is to be submitted shall be so limited, and shall not
be valid as to any other election, other than an emergency referendum
ordered pursuant to Section 2A-1.4.
(e) If a petition initiating a public question does not specify a
regularly scheduled election, the public question shall be submitted to
referendum at the next regular election occurring not less than 92 days
after the filing of the petition, or not less than 122 days after the
filing of a petition for referendum to create a political subdivision. If
a resolution or ordinance initiating a public question does not specify a
regularly scheduled election, the public question shall be submitted to
referendum at the next regular election occurring not less than 79 days
after the adoption of the resolution or ordinance.
(f) In the case of back door referenda, any limitations in another
statute authorizing such a referendum which restrict the time in which
the initiating petition may be validly filed shall apply to such
petition, in addition to the filing deadlines specified in this Section
for submission at a particular election. In the case of any back door
referendum, the publication of the ordinance or resolution of the political
subdivision shall include a notice of (1) the specific number of voters
required to sign a petition requesting that a public question be submitted
to the voters of the subdivision; (2) the time within which the petition must
be filed; and (3) the date of the prospective referendum. The secretary or
clerk of the political subdivision shall provide a petition form to any
individual requesting one. The legal sufficiency of that form, if provided by the secretary or clerk of the political subdivision, cannot be the basis of a challenge to placing the back door referendum on the ballot. As used herein, a "back door
referendum" is the submission of a public question to the voters of a
political subdivision, initiated by a petition of voters or residents of
such political subdivision, to determine whether an action by the
governing body of such subdivision shall be adopted or rejected.
(g) A petition for the incorporation or formation of a new
political subdivision whose officers are to be elected rather than appointed
must have attached to it an affidavit attesting that at least 122 days and
no more than 152 days prior to such election notice of intention to file
such petition was published in a newspaper published within the proposed
political subdivision, or if none, in a newspaper of general circulation
within the territory of the proposed political subdivision in substantially
the following form:
NOTICE OF PETITION TO FORM A NEW........
Residents of the territory described below are notified that a petition
will or has been filed in the Office of............requesting a referendum
to establish a new........, to be called the............
*The officers of the new...........will be elected on the same day as the
referendum. Candidates for the governing board of the new......may file
nominating petitions with the officer named above until...........
The territory proposed to comprise the new........is described as follows:
(description of territory included in petition) (signature).................................... Name and address of person or persons proposing the new political subdivision.
* Where applicable.
Failure to file such affidavit, or failure to publish the required notice
with the correct information contained therein shall render the petition,
and any referendum held pursuant to such petition, null and void.
Notwithstanding the foregoing provisions of this subsection (g) or any
other provisions of this Code, the publication of notice and affidavit
requirements of this subsection (g) shall not apply to any petition filed
under Article 7 or 11E of the School Code nor to any
referendum
held pursuant to any such petition, and neither any petition filed under
any of those Articles nor any referendum held pursuant to any such petition
shall be rendered null and void because of the failure to file an affidavit
or publish a notice with respect to the petition or referendum as required
under this subsection (g) for petitions that are not filed under any of
those Articles of the School Code.
(Source: P.A. 100-465, eff. 8-31-17.)
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10 ILCS 5/28-3
(10 ILCS 5/28-3) (from Ch. 46, par. 28-3)
Sec. 28-3. Form of petition for public question. Petitions for the
submission of public questions shall
consist of sheets of uniform size and each sheet shall contain, above
the space for signature, an appropriate heading, giving the information
as to the question of public policy to be submitted, and specifying the
state at large or the political subdivision or district or precinct or
combination of precincts or other territory in which it is to be submitted and,
where by law the public question must be submitted at a particular election,
the election at which it is to be submitted. In the case of a petition for the
submission of a public question described in subsection (b) of Section 28-6,
the heading shall also specify the regular election at which the question is to
be submitted and include the precincts included in the territory concerning
which the public question is to be submitted, as well as a common description
of such territory in plain and nonlegal language, such description to describe
the territory by reference to streets, natural or artificial landmarks,
addresses or any other method which would enable a voter signing the petition
to be informed of the territory concerning which the question is to be
submitted. The heading of each sheet shall be the same. Such petition shall be
signed by the registered voters of the political subdivision or district or
precinct or combination of precincts in which the question of public policy is
to be submitted in their own proper persons only, and opposite the
signature of each signer his residence address shall be written or
printed, which residence address shall include the street address or
rural route number of the signer, as the case may be, as well as the
signer's county, and city, village or town, and state; provided that
the county or city, village or
town, and state of residence of such electors may be printed on the
petition forms where all of the electors signing the petition
reside in the same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address, including
street number, if any. No signature shall be valid or be counted in
considering the validity or sufficiency of such petition unless the
requirements of this Section are complied with.
At the bottom of each sheet of such petition shall be added a
circulator's statement, signed by a person 18 years of age or older who
is a citizen of the United States, stating the street address or rural route
number, as the case may be, as well as the county,
city,
village or town, and state; certifying that the signatures on that sheet of
the
petition were signed in his or her presence and are genuine, and that to
the best
of his or her knowledge and belief the persons so signing were at the time
of
signing the petition registered voters of the political subdivision or
district or precinct or combination of precincts in which the question of
public policy is to be submitted and that their respective residences are
correctly stated therein. Such statement shall be sworn to before some
officer authorized to administer oaths in this State.
Such sheets, before being filed with the proper officer or board
shall be bound securely and numbered consecutively. The sheets shall not be
fastened by pasting them together end to end, so as to form a continuous strip
or roll. All petition sheets which are filed with the proper local election
officials, election authorities or the State Board of Elections shall be the
original sheets which have been signed by the voters and by the circulator, and
not photocopies or duplicates of such sheets. A petition, when presented or
filed, shall not be withdrawn, altered, or added to, and no signature shall be
revoked except by revocation in writing presented or filed with the board or
officer with whom the petition is required to be presented or filed, and before
the presentment or filing of such petition, except as may otherwise be provided
in another statute which authorize the public question. Whoever forges any name
of a signer upon any petition shall be deemed guilty of a forgery, and on
conviction thereof, shall be punished accordingly.
In addition to the foregoing requirements, a petition proposing an amendment
to Article IV of the Constitution pursuant to Section 3 of Article XIV of
the Constitution or a petition proposing a question of public policy to
be submitted to the voters of the entire State shall be in conformity with
the requirements of Section 28-9 of this Article.
If multiple sets of petitions for submission of the same public
questions are filed, the State Board of Elections, appropriate election
authority or local election official where the petitions are filed shall
within 2 business days notify the proponent of his or her multiple petition
filings and that proponent has 3 business days after receipt of the notice
to notify the State Board of Elections, appropriate election authority or
local election official that he or she may cancel prior sets of petitions.
If the proponent notifies the State Board of Elections, appropriate
election authority or local election official, the last set of petitions
filed shall be the only petitions to be considered valid by the State Board
of Elections, appropriate election authority or local election official. If the
proponent fails to notify the State Board of Elections, appropriate
election authority or local election official then only the first set of
petitions filed shall be valid and all subsequent petitions shall be void.
(Source: P.A. 98-756, eff. 7-16-14.)
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10 ILCS 5/28-4
(10 ILCS 5/28-4) (from Ch. 46, par. 28-4)
Sec. 28-4.
The provisions of Sections 10-8 through 10-10.1
relating to objections to nominating petitions, hearings on objections,
and judicial review, shall apply to and govern, insofar as may be
practicable, objections to petitions for the submission of questions of
public policy required to be filed with local election officials and election
authorities, and to petitions for proposed Constitutional amendments and
statewide advisory public questions required
to be filed with the State Board of Elections, except that objections to
petitions for the submission of proposed Constitutional amendments and
statewide advisory public questions may be filed
within 42 business days after the petition is filed.
The electoral board to hear and pass on objections shall be the
electoral board specified in Section 10-9 to have jurisdiction over
objections to the nominating petitions of candidates for offices of the
political subdivision in which the question of public policy is proposed to
be submitted to the electors. The electoral board to hear and pass upon
objections to petitions for proposed Constitutional amendments or statewide
advisory public questions shall be the State Board of Elections.
Objections to petitions for the submission of public questions which are
required by law to be filed with the circuit court shall be presented to
and heard by the court with which such petitions are filed. In such cases,
unless otherwise provided in the statute authorizing the public question,
the court shall (1) set a hearing on the petition, (2) cause notice of such
hearing to be published, as soon as possible after the filing of the petition
but not later than 14 days after such filing and not less than 5 days before
the hearing, in a newspaper of general circulation published in the political
subdivision to which the public question relates and if there is no such
newspaper, then in one newspaper published in the county and having a general
circulation in the political subdivision, (3) conduct such hearing and entertain
all objections as may be properly presented on or before such hearing date
in the manner as provided in Article 10 for the conduct of proceedings before
electoral boards, insofar as practicable, (4) conduct further hearings as
necessary to a decision
on the objections properly raised, and (5) enter a final order not later
than 7 days after the initial hearing.
Where a statute authorizing a public question specifies judicial procedures
for the determination of the validity of such petition, or for the determination
by the court as to any findings required prior to ordering the proposition
submitted to referendum, the procedures specified in that statute shall govern.
(Source: P.A. 83-999.)
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10 ILCS 5/28-5
(10 ILCS 5/28-5) (from Ch. 46, par. 28-5)
Sec. 28-5. Not less than 68 days before a regularly scheduled
election, each local election official shall certify the public questions
to be submitted to the voters of or within his political subdivision at
that election which have been initiated by petitions filed in his office or
by action of the governing board of his political subdivision.
Not less than 68 days before a regularly scheduled election, each circuit
court clerk shall certify the public questions to be submitted to the
voters of a political subdivision at that election which have been ordered
to be so submitted by the circuit court pursuant to law. Not less than 30
days before the date set by the circuit court for the conduct of an
emergency referendum pursuant to Section 2A-1.4, the circuit court clerk
shall certify the public question as herein required.
Local election officials and circuit court clerks shall make their
certifications, as required by this Section, to each election authority
having jurisdiction over any of the territory of the respective political
subdivision in which the public question is to be submitted to referendum.
Not less than 68 days before the next regular election, the county clerk
shall certify the public questions to be submitted to the voters of the
entire county at that election, which have been initiated by petitions filed
in his office or by action of the county board, to the board of election
commissioners, if any, in his county.
Not less than 74 days before the general election,
the State Board of Elections shall certify any questions proposing an
amendment to Article IV of the Constitution pursuant to Section 3, Article
XIV of the Constitution and any advisory public questions to be submitted
to the voters of the entire State, which have been initiated by petitions
received or filed at its office, to the respective county clerks. Not
less than 62 days before the general election, the
county clerk shall certify such questions to the board of election
commissioners, if any, in his county.
The certifications shall include the form of the public question to be
placed on the ballot, the date on which the public question was initiated
by either the filing of a petition or the adoption of a resolution or ordinance
by a governing body, as the case may be, and a certified copy of any court
order or political subdivision resolution or ordinance requiring the submission
of the public question. Certifications of propositions for annexation to,
disconnection from, or formation of political subdivisions or for other
purposes shall include a description of the territory in which the proposition
is required to be submitted, whenever such territory is not coterminous
with an existing political subdivision.
The certification of a public question described in subsection (b) of
Section 28-6 shall include the precincts included in the territory
concerning which the public question is to be submitted, as well as a
common description of such territory, in plain and nonlegal
language, and specify the election at which the question is to be submitted.
The description of the territory shall be prepared by the local election
official as set forth in the resolution or ordinance initiating the public
question.
Whenever a local election official, an election authority, or the State Board
of Elections is in receipt of an initiating petition, or a certification
for the submission of a public question at an election at which the public
question may not be placed on the ballot or submitted because of the
limitations of Section 28-1, such officer or board shall give notice of
such prohibition, by registered mail, as follows:
(a) in the case of a petition, to any person | | designated on a certificate attached thereto as the proponent or as the proponents' attorney for purposes of notice of objections;
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(b) in the case of a certificate from a local
| | election authority, to such local election authority, who shall thereupon give notice as provided in subparagraph (a), or notify the governing board which adopted the initiating resolution or ordinance;
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(c) in the case of a certification from a circuit
| | court clerk of a court order, to such court, which shall thereupon give notice as provided in subparagraph (a) and shall modify its order in accordance with the provisions of this Act.
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If the petition, resolution or ordinance initiating such prohibited public
question did not specify a particular election for its submission, the officer
or board responsible for certifying the question to the election authorities
shall certify or recertify the question, in the manner required herein, for
submission on the ballot at the next regular election no more than one year, or 15 months in the case of a back door referendum as defined in subsection (f) of Section 28-2,
subsequent to the filing of the initiating petition or the adoption of the
initiating resolution or ordinance and at which the public question may
be submitted, and the appropriate election authorities
shall submit the question at such election, unless the public question is
ordered submitted as an emergency referendum pursuant to Section 2A-1.4
or is withdrawn as may be provided by law.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/28-6
(10 ILCS 5/28-6) (from Ch. 46, par. 28-6)
Sec. 28-6. Petitions; filing.
(a) On a written petition signed by a number of voters equal to at least
8% of the total votes cast for candidates for Governor in the preceding gubernatorial
election by the registered
voters of the municipality, township, county or school district,
it
shall be
the duty of the proper election officers to submit any question of
public policy so petitioned for, to the electors of such political subdivision
at any regular election named in the
petition at which an election is scheduled to be held throughout such political
subdivision under Article 2A. Such petitions shall be filed with the local
election official of the political subdivision
or election authority, as the case may be.
Where such a question is to be submitted to the voters of a municipality
which has adopted Article 6, or a township or school district located
entirely within the jurisdiction of a municipal board of election
commissioners, such petitions shall be filed with the board of election
commissioners having jurisdiction over the political subdivision.
(b) In a municipality with more than 1,000,000
inhabitants, when a question of public policy exclusively concerning
a contiguous territory included entirely within but not coextensive with the
municipality is initiated by resolution or ordinance of the corporate
authorities of the municipality, or by a petition which may be signed by
registered voters who reside in any part of any precinct all or part of
which includes all or part of the territory and who equal in number
to at least 8% of the total votes cast for candidates for Governor in the
preceding gubernatorial election by the voters of
the precinct or precincts in the territory where the question is to be submitted to the voters, it shall
be the duty of the election authority having jurisdiction over such
municipality to submit such question to the electors throughout each
precinct all or part of which includes all or part of the
territory at the regular election specified in the resolution, ordinance
or petition initiating the public question. A petition initiating a public
question described in this
subsection shall be filed with the election authority having jurisdiction
over the municipality. A resolution, ordinance or petition initiating a public
question described in this subsection shall specify the election at which
the question is to be submitted.
(c) Local questions of public policy authorized by this
Section and statewide questions of public policy authorized by Section 28-9
shall be advisory public questions, and no legal effects shall result
from the adoption or rejection of such propositions.
(d) This Section does not apply to a petition filed pursuant to
Article IX of the Liquor Control Act of 1934.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/28-7
(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
Sec. 28-7.
Except as provided in Article 24 of the Township Code, in any case in which Article VII or paragraph (a) of Section 5 of
the
Transition Schedule of the Constitution authorizes any action to be
taken by or with respect to any unit of local government, as defined in
Section 1 of Article VII of the Constitution, by or subject to approval
by referendum, any such public question shall be initiated in
accordance with this Section.
Any such public question may be initiated by the governing body of the
unit of local government by resolution or by the filing with the clerk or
secretary of the
governmental unit of a petition signed by a number of qualified electors
equal to or greater than at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election, requesting the submission of the proposal
for such action to the voters
of the governmental unit at a regular election.
If the action to be taken requires a referendum involving 2 or more
units of local government, the proposal shall be submitted to the voters
of such governmental units by the election authorities with jurisdiction
over the territory of the governmental units. Such multi-unit proposals
may be initiated by appropriate
resolutions by the respective governing bodies or by
petitions of the voters of the several governmental units filed with the
respective clerks or secretaries.
This Section is intended to provide a method of submission to
referendum in all cases of proposals for actions which are authorized by
Article VII of the Constitution by or subject to approval by referendum
and supersedes any conflicting statutory provisions except those
contained in Division 2-5 of the Counties Code or Article 24 of the Township Code.
Referenda provided for in this Section may not be held more than once
in any 23-month period on the same proposition, provided that in any
municipality a referendum to elect not to be a home rule unit may be held
only once within
any 47-month period.
(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)
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10 ILCS 5/28-8 (10 ILCS 5/28-8) (from Ch. 46, par. 28-8) Sec. 28-8. If a referendum held in accordance with Section 28-7 of this Act involved the question of whether a unit of local government shall become a home rule unit or shall continue to be a home rule unit and if that referendum passed, then the clerk of that unit of local government shall, within 45 days after the referendum, file with the Secretary of State a certified statement showing the results of the referendum and the resulting status of the unit of local government as a home rule unit or a non-home rule unit. The Secretary of State shall maintain such certified statements in his office as a public record. The question of whether a unit of local government shall become a home rule unit shall be submitted in substantially the following form: Shall (name of the unit of local government) become a home rule unit? Votes must be recorded as "yes" or "no". The question of whether a unit of local government shall continue to be a home rule unit shall be submitted in substantially the following form: Shall (name of the unit of local government) continue to be a home rule unit? Votes must be recorded as "yes" or "no". (Source: P.A. 103-600, eff. 7-1-24.) |
10 ILCS 5/28-8.1
(10 ILCS 5/28-8.1) (from Ch. 46, par. 28-8.1; formerly Ch. 46, pars. 1001, 1002 and 1003)
Sec. 28-8.1.
Proposition publication.
(a) Whenever any proposition required by law to be voted upon
before its adoption, other than a constitutional amendment, is submitted
to the people, it is the duty of the Secretary of State to prepare a
statement setting forth in detail the Section or Sections of the law
sought to be amended by the vote, together with statements and suggestions as
may be necessary for a proper understanding of the proposition. The statements
and suggestions shall be submitted to the Attorney General for his approval.
(b) It shall be the duty of the Secretary of State, after the amendments and
suggestions shall have been approved by the Attorney General as provided in
subsection (a), to certify to each county clerk, under seal, the statements and
suggestions.
(c) It is hereby made the duty of the county clerk to have the
statements and suggestions published and posted at the same time, in the same
manner and at the same places that the sample ballots and instructions to
voters are required by law to be posted.
(Source: P.A. 87-1052.)
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10 ILCS 5/28-9
(10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
Sec. 28-9.
Petitions for proposed amendments to Article IV of the
Constitution pursuant to Section 3, Article XIV of the Constitution shall be
signed by a number of electors equal in number to at least 8% of the total
votes cast for candidates for Governor in the preceding gubernatorial election.
Such petition shall have been signed by the petitioning electors not more than
24 months preceding the general election at which the proposed amendment is to
be submitted and shall be filed with the Secretary of State at least 6 months
before that general election.
Upon receipt of a petition for a proposed Constitutional amendment, the
Secretary of State shall, as soon as is practicable, but no later than the
close of the next business day, deliver such petition to the State Board of
Elections.
Petitions for advisory questions of public policy to be submitted to the
voters of the entire State shall be signed by a number of voters
equal in number to 8% of the total votes cast for candidates for Governor in
the preceding gubernatorial election. Such petition shall have been signed by
said petitioners not more than 24 months preceding the date of the general
election at which the question is to be submitted and shall be filed with the
State Board of Elections at least 6 months before that general election.
The proponents of the proposed statewide advisory
public question shall file the original petition in bound
sections. Each section shall be composed of consecutively numbered petition
sheets containing only the signatures of registered voters.
Any petition sheets not consecutively numbered or which contain duplicate
page numbers already used on other sheets, or are photocopies or duplicates
of the original sheets, shall not be considered part of the petition for
the purpose of the random sampling verification and shall not be counted
toward the minimum number of signatures required to qualify the proposed
statewide advisory public question for the ballot.
Within 7 business days following the last day for filing the original
petition, the proponents shall also file copies of the petition sheets with each proper election authority
and obtain a receipt therefor.
For purposes of this Act, the following terms shall be defined and construed
as follows:
1. "Board" means the State Board of Elections.
2. "Election Authority" means a county clerk or city or county board of
election commissioners.
3. (Blank).
4. "Proponents" means any person, association, committee, organization
or other group, or their designated representatives, who advocate and cause
the circulation and filing of petitions for a statewide advisory question
of public policy or a proposed constitutional amendment for submission at
a general election and who has registered with the Board as provided in
this Act.
5. "Opponents" means any person, association, committee, organization
or other group, or their designated representatives, who oppose a statewide
advisory question of public policy or a proposed constitutional amendment
for submission at a general election and who have registered with the Board
as provided in this Act.
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
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10 ILCS 5/28-10
(10 ILCS 5/28-10) (from Ch. 46, par. 28-10)
Sec. 28-10. (Repealed).
(Source: P.A. 97-81, eff. 7-5-11. Repealed by P.A. 98-1171, eff. 6-1-15.)
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10 ILCS 5/28-11
(10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
Sec. 28-11.
The Board shall design a standard and scientific random
sampling method for the verification of petition signatures for statewide advisory referenda and shall conduct
a public test to prove the validity of its sampling method. Notice of the
time and place for such test shall be given at least 10 days before the date
on which such test is to be conducted and in the manner prescribed for notice
of regular Board meetings. Signatures on petitions for constitutional amendments initiated pursuant to Article XIV, Section 3 of the Illinois Constitution need not be segregated by election jurisdiction. The Board shall design an alternative signature verification method for referenda initiated pursuant to Article XIV, Section 3 of the Illinois Constitution.
Within 14 business days following the last day for the filing
of the original petition
as prescribed in Section 28-9, the Board shall apply its proven random sampling
method to the petition sheets in each election jurisdiction section for
the purpose of selecting and identifying the petition signatures to be included
in the sample signature verification for the respective jurisdictions and
shall prepare and transmit to each proper election authority a list by page
and line number of the signatures from its election jurisdiction selected
for verification.
For each election jurisdiction, the sample verification shall include an
examination of either (a) 10% of the signatures if 5,010 or more signatures
are involved; or (b) 500 signatures if more than 500 but less than 5,010
signatures are involved; or (c) all signatures if 500 or less signatures are involved.
Each election authority with whom jurisdictional copies of petition sheets
were filed shall use the proven random sampling method designed and furnished
by the Board for the verification of signatures shown on the list supplied
by the Board and in accordance with the following criteria for determination
of petition signature validity:
1. Determine if the person who signed the petition is | | a registered voter in that election jurisdiction or was a registered voter therein on the date the petition was signed;
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2. Determine if the signature of the person who
| | signed the petition reasonably compares with the signature shown on that person's registration record card.
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Within 14 business days following receipt from the Board of the
list of signatures
for verification, each election authority shall transmit a properly dated
certificate to the Board which shall indicate; (a) the page and line number
of petition signatures examined, (b) the validity or invalidity of such signatures,
and (c) the reasons for invalidity, based on the criteria heretofore prescribed.
The Board shall prepare and adopt a standard form of certificate for use
by the election authorities which shall be transmitted with the list of
signatures for verification.
Upon written request of the election authority that, due to the volume
of signatures in the sample for its jurisdiction, additional time is needed
to properly perform the signature verification, the Board may grant the
election authority additional days to complete the verification and transmit
the certificate of results. These certificates of random sample verification
results shall be available for public inspection within 24 hours after receipt
by the State Board of Elections.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/28-12
(10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
Sec. 28-12.
Upon receipt of the certificates of the election authorities
showing the results of the sample signature verification, the Board shall:
1. Based on the sample, calculate the ratio of | | invalid or valid signatures in each election jurisdiction.
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2. Apply the ratio of invalid to valid signatures in
| | an election jurisdiction sample to the total number of petition signatures submitted from that election jurisdiction.
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3. Compute the degree of multiple signature
| | contamination in each election jurisdiction sample.
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4. Adjust for multiple signature contamination and
| | the invalid signatures, project the total number of valid petition signatures submitted from each election jurisdiction.
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5. Aggregate the total number of projected valid
| | signatures from each election jurisdiction and project the total number of valid signatures on the petition statewide.
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If such statewide projection establishes a total number of valid petition
signatures not greater than 95.0% of the minimum number of signatures required
to qualify the proposed statewide advisory
public question for the ballot, the petition shall be presumed invalid;
provided that, prior to the last day for ballot certification for the general
election, the Board shall conduct a hearing for the purpose of allowing
the proponents to present competent evidence or an additional sample to
rebut the presumption of
invalidity. At the conclusion of such hearing, and after the resolution of any specific objection filed pursuant to Section 10-8 of this Code, the Board shall issue a
final order declaring the petition to be valid or invalid and shall, in
accordance with its order, certify or not certify the proposition for the ballot.
If such statewide projection establishes a total number of valid petition
signatures greater than 95.0% of the minimum number of signatures required
to qualify the proposed Constitutional amendment or statewide advisory
public question for the ballot, the results of the sample shall be considered
inconclusive and, if no specific objections to the petition are filed pursuant
to Section 10-8 of this Code, the Board shall issue a final order declaring
the petition to be valid and shall certify the proposition for the ballot.
In either event, the Board shall append to its final order the detailed
results of the sample from each election jurisdiction which shall include:
(a) specific page and line numbers of signatures actually verified or determined
to be invalid by the respective election authorities, and (b) the calculations
and projections performed by the Board for each election jurisdiction.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/28-13
(10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
Sec. 28-13.
Each political party and civic organization as well as the
registered proponents and opponents of a proposed
statewide advisory public question shall be entitled to one watcher in
the office of the election authority to observe the conduct of the sample
signature verification. However, in those election jurisdictions where
a 10% sample is required, the proponents and opponents may appoint no more than
5 assistant watchers in addition to the 1 principal watcher permitted herein.
Within 7 days following the last day for filing of the original petition,
the proponents and opponents shall certify in writing to the Board that they
publicly support or oppose the proposed statewide
advisory public question. The proponents and opponents of such questions shall
register the name and address of its group and the name and address of its chair
and designated agent for acceptance of service of notices with
the Board. Thereupon, the Board shall prepare a list of the registered
proponents and opponents and shall adopt a standard proponents' and opponents' watcher
credential form. A copy of such list and sufficient copies of such credentials
shall be transmitted with the list for the sample signature verification
to the appropriate election authorities. Those election authorities shall
issue credentials to the permissible number of watchers for each proponent and opponent
group; provided, however, that a prospective watcher shall first present
to the election authority a letter of authorization signed by the chair
of the proponent or opponent group he or she represents.
Political party and qualified civic organization watcher credentials shall
be substantially in the form and shall be authorized in the manner prescribed
in Section 7-34 of this Code.
The rights and limitations of pollwatchers as prescribed by Section 7-34
of this Code, insofar as they may be made applicable, shall be applicable
to watchers at the conduct of the sample signature verification.
The principal watcher for the proponents and opponents may make signed written
objections to the Board relating to procedures observed during the conduct
of the sample signature verification which could materially affect the results
of the sample. Such written objections shall be presented to the election
authority and a copy mailed to the Board and shall be attached to the certificate
of sample results transmitted by the election authority to the Board.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/Art. 29
(10 ILCS 5/Art. 29 heading)
ARTICLE 29.
PROHIBITIONS AND PENALTIES.
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10 ILCS 5/29-1
(10 ILCS 5/29-1) (from Ch. 46, par. 29-1)
Sec. 29-1.
Vote
buying.
Any person who knowingly gives, lends or promises to give or lend any
money or other valuable consideration to any other person to influence such
other person to vote or to register to vote or to influence such other
person to vote for or against any candidate or public question to be voted
upon at any election shall be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-2
(10 ILCS 5/29-2) (from Ch. 46, par. 29-2)
Sec. 29-2.
Promise for vote.
Any person who, in order to influence any other person to vote or
register to vote or to vote for or against any candidate or public question
to be voted upon at any election, knowingly promises to (a) cause or
support the employment or appointment of any other person to any public
office or public position or (b) perform or refrain from performing any
official act, shall be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-3
(10 ILCS 5/29-3) (from Ch. 46, par. 29-3)
Sec. 29-3.
Selling of vote.
Any person who votes for or against any candidate or public question in
consideration of any gift or loan of money or for any other valuable
consideration, or for any promise to cause or support the employment or
appointment of any person to any public office or public position, shall be
guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-4
(10 ILCS 5/29-4) (from Ch. 46, par. 29-4)
Sec. 29-4.
Prevention of voting or candidate support.
Any person who, by force, intimidation, threat, deception or forgery,
knowingly prevents any other person from (a) registering to vote, or (b)
lawfully voting, supporting or opposing the nomination or election of any
person for public office or any public question voted upon at any election,
shall be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-5
(10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
Sec. 29-5. Voting more than once. Any person who, having voted once, knowingly during any election
where the ballot or machine lists any of the same candidates and issues
listed on the ballot or machine previously used for voting by that person,
(a) files an application to vote in the same or another polling place, or
(b) accepts a ballot or enters a voting machine (except to legally give
assistance pursuant to the provisions of this Code), shall be guilty of a
Class 3 felony; however, if a person has delivered a ballot or ballots to
an election authority as a vote by mail voter and due to a change of
circumstances is able to and does vote in the precinct of his residence on
election day, shall not be deemed to be in violation of this Code.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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10 ILCS 5/29-6
(10 ILCS 5/29-6) (from Ch. 46, par. 29-6)
Sec. 29-6.
Mutilation of election materials.
Any person who knowingly destroys, mutilates, defaces, falsifies,
forges, conceals or removes any record, register of voters, affidavit,
return or statement of votes, certificate, tally sheet, ballot, or any
other document or computer program which (a) is used or to be preserved for
use in connection with registration, or (b) is used or to be preserved for
use in connection with any election pursuant to this Code, except as
permitted by provisions of this Code, shall be guilty of a Class 4 felony
and shall also be ineligible for public employment for a period of 5 years
immediately following the completion of his or her sentence.
(Source: P.A. 83-757.)
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10 ILCS 5/29-7
(10 ILCS 5/29-7) (from Ch. 46, par. 29-7)
Sec. 29-7.
Tampering with voting machines.
Any person who tampers with any machine or device used in connection
with voting or the counting of votes, or who knowingly allows another to
tamper with such a machine or device, so as (a) to interfere with the
proper operation of such machine or device, (b) to alter the results
recorded on such machine or device or intended to be recorded thereon, or
(c) to place votes on a machine which are not legally cast, shall be guilty
of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-8
(10 ILCS 5/29-8) (from Ch. 46, par. 29-8)
Sec. 29-8.
Ballot box stuffing.
Any person who, prior to, during, or after the counting of ballots or
prior to, during, or after the final certification of the vote of any
election, knowingly (a) places anything other than a ballot in a ballot
box, (b) adds or mixes a forged ballot with other ballots, or (c) adds or
mixes a forged application to vote with other applications to vote, shall
be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-9
(10 ILCS 5/29-9) (from Ch. 46, par. 29-9)
Sec. 29-9.
Unlawful observation of voting.
Except as permitted by this Code, any person who knowingly marks his
ballot or casts his vote on a voting machine or voting device so that it
can be observed by another person, and any person who knowingly observes
another person lawfully marking a ballot or lawfully casting his vote on a
voting machine or voting device, shall be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-10
(10 ILCS 5/29-10) (from Ch. 46, par. 29-10)
Sec. 29-10.
Perjury.
(a)
Any person who makes a false statement, material to the issue or point
in question, which he does not believe to be true, in any affidavit,
certificate or sworn oral declaration required by any provision of this
Code shall be guilty of a Class 3 felony.
(b) Any person who is convicted of violating this Section shall be ineligible
for public employment for a period of 5 years immediately following the
completion of his sentence. For the purpose of this subsection, "public
employment" shall mean any elected or appointed office created by the Constitution
or laws of this State, or any ordinance of a unit of local government.
"Public employment" shall also include any position as an employee of the
State of Illinois, or a unit of local government or school district.
(Source: P.A. 83-1097.)
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10 ILCS 5/29-11
(10 ILCS 5/29-11) (from Ch. 46, par. 29-11)
Sec. 29-11.
Failure to comply with order of election authority.
Any person who knowingly fails or refuses to comply with any lawful
order of an election authority issued by the election authority in the
performance of the duties of the election authority, shall be guilty of a
Class A misdemeanor.
(Source: P.A. 78-887.)
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10 ILCS 5/29-12
(10 ILCS 5/29-12) (from Ch. 46, par. 29-12)
Sec. 29-12. Disregard of Election Code. Except with respect to Article 9 of this Code, any person
who knowingly (a) does any act prohibited by or declared unlawful by, or
(b) fails to do any act required by, this Code, shall, unless a different
punishment is prescribed by this Code, be guilty of a Class A misdemeanor.
(Source: P.A. 96-832, eff. 1-1-11 .)
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10 ILCS 5/29-13
(10 ILCS 5/29-13) (from Ch. 46, par. 29-13)
Sec. 29-13. Attempt, solicitation and conspiracy. Each violation of this Code shall be an offense within the meaning of
Section 2-12 of the Illinois Criminal Code of 2012, so that the
inchoate offenses of solicitation, conspiracy and attempt, and the
punishment therefor, as provided in such Criminal Code shall apply to
solicitation, conspiracy and attempt to violate the provisions of this Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
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10 ILCS 5/29-14
(10 ILCS 5/29-14) (from Ch. 46, par. 29-14)
Sec. 29-14.
(Repealed).
(Source: P.A. 81-1433. Repealed by 90-737, eff. 1-1-99.)
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10 ILCS 5/29-15
(10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
Sec. 29-15. Conviction deemed infamous. Any person convicted of an infamous crime as such term is defined in
Section 124-1 of the Code of Criminal Procedure of 1963, as amended, shall
thereafter be prohibited from holding any office of honor, trust, or
profit, unless such person is again restored to such rights by the terms of
a pardon for the offense, has received a restoration of rights by the Governor, or otherwise according to law. Any time after a judgment of conviction is rendered, a person convicted of an infamous crime may petition the Governor for a restoration of rights. The changes made to this Section by this amendatory Act of the 102nd General Assembly are declarative of existing law.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/29-16
(10 ILCS 5/29-16) (from Ch. 46, par. 29-16)
Sec. 29-16.
Contempt - Removal from office.
Any person who is an officer of the Court pursuant to any provisions of
this Code who does any act prohibited by, or fails to do any act required
by, any provision of this Code may be punished for contempt by the Court in
a summary proceeding and removed from office. Any person who violates any
court order entered under any provision of this Code with actual knowledge
of the existence and substance of such order may be punished for contempt
by the appropriate court. Such punishment for contempt and removal from
office shall not bar prosecution and punishment for any criminal offense
committed.
(Source: P.A. 78-887.)
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10 ILCS 5/29-17
(10 ILCS 5/29-17) (from Ch. 46, par. 29-17)
Sec. 29-17.
Deprivation of Constitutional Rights - Liability).
Any person who subjects, or causes to be subjected, a citizen of the
State of Illinois or other person within the jurisdiction thereof to the
deprivation of any rights, privileges, or immunities secured by the
Constitution or laws of the United States or of the State of Illinois,
relating to registration to vote, the conduct of elections, voting, or the
nomination or election of candidates for public or political party office,
shall be liable to the party injured or any person affected, in any action
or proceeding for redress.
(Source: P.A. 79-1363.)
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10 ILCS 5/29-18
(10 ILCS 5/29-18) (from Ch. 46, par. 29-18)
Sec. 29-18.
Conspiracy to prevent vote - Liability).
If 2 or more persons conspire to prevent by force, intimidation, threat,
deception, forgery or bribery any person from registering to vote, or
preventing any person lawfully entitled to vote from voting, or preventing
any person from supporting or opposing, in a legal manner, the nomination
or election of any person for public or political party office, or a
proposition voted upon at any election, or to injure any person or such
person's property on account of such vote, support or advocacy, and if one
or more persons so conspiring do, attempt or cause to be done, any act in
furtherance of the object of such conspiracy, whereby another is injured in
his person or property or deprived of having or exercising any right,
privilege or immunity secured by the Constitution or laws of the United
States or the State of Illinois relating to the conduct of elections,
voting, or the nomination or election of candidates for public or political
party office, all persons engaged in such conspiracy shall be liable to the
party injured or any person affected, in any action or
proceeding for redress.
(Source: P.A. 79-1363.)
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10 ILCS 5/29-19
(10 ILCS 5/29-19) (from Ch. 46, par. 29-19)
Sec. 29-19.
False information - liability).
Whoever knowingly or willfully gives false information as to his name,
address, or period of residence in the voting district for the purpose of
establishing his eligibility to register to vote, or conspires with another
individual for the purpose of encouraging his false registration to vote or
illegal voting, or pays or offers to pay or accepts payment either for
registration to vote or for voting shall be liable to the party injured or
any other person affected, in an action or proceeding
for redress.
(Source: P.A. 79-1363.)
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10 ILCS 5/29-20
(10 ILCS 5/29-20) (from Ch. 46, par. 29-20)
Sec. 29-20. Vote by Mail ballots - violations. A person is guilty
of a Class 3 felony who knowingly:
(1) Solicits another person, knowing that the person | | is not legally qualified to vote as a vote by mail voter, to apply for a vote by mail ballot;
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(2) Solicits another person, knowing that the person
| | is not legally qualified to vote as a vote by mail voter, to cast a ballot as a vote by mail voter;
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(3) Intimidates or unduly influences another person
| | to cast a vote by mail ballot in a manner inconsistent with the voter's intent; or
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(4) Marks or tampers with a vote by mail ballot of
| | another person or takes a vote by mail ballot of another person in violation of Section 19-6 so that an opportunity for fraudulent marking or tampering is created.
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(Source: P.A. 98-1171, eff. 6-1-15 .)
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10 ILCS 5/Art. 29A
(10 ILCS 5/Art. 29A heading)
ARTICLE 29A. PENALTIES (Repealed) |
10 ILCS 5/Art. 29B
(10 ILCS 5/Art. 29B heading)
ARTICLE 29B.
FAIR CAMPAIGN PRACTICES
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10 ILCS 5/29B-5
(10 ILCS 5/29B-5) (from Ch. 46, par. 29B-5; formerly Ch. 46, par. 1102)
Sec. 29B-5.
Purpose.
The Legislature hereby declares that the purpose of
this Article is to encourage every candidate for public office in this State to
subscribe to the Code of Fair Campaign Practices. It is the intent of the
Legislature that every candidate for public office in this State who subscribes
to the Code of Fair Campaign Practices will follow the basic principles of
decency, honesty and fair play in order to encourage healthy competition and
open discussion of issues and candidate qualifications and discourage practices
that cloud the issues or unfairly attack opponents.
(Source: P.A. 86-873; 87-1052.)
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10 ILCS 5/29B-10 (10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. 46, par. 1103) Sec. 29B-10. Code of Fair Campaign Practices. At the time a political committee, as defined in Article 9, files its statements of organization, the State Board of Elections shall give the political committee a blank form of the Code of Fair Campaign Practices and a copy of the provisions of this Article. The State Board of Elections shall inform each political committee that subscription to the Code is voluntary. The text of the Code shall read as follows: CODE OF FAIR CAMPAIGN PRACTICES There are basic principles of decency, honesty, and fair play that every candidate for public office in the State of Illinois has a moral obligation to observe and uphold, in order that, after vigorously contested but fairly conducted campaigns, our citizens may exercise their constitutional right to a free and untrammeled choice and the will of the people may be fully and clearly expressed on the issues. THEREFORE: (1) I will conduct my campaign openly and publicly, and limit attacks on my opponent to legitimate challenges to his record. (2) I will not use or permit the use of character defamation, whispering campaigns, libel, slander, or scurrilous attacks on any candidate or his personal or family life. (3) I will not use or permit any appeal to negative prejudice based on race, sex, sexual orientation, religion or national origin. (4) I will not use campaign material of any sort that misrepresents, distorts, or otherwise falsifies the facts, nor will I use malicious or unfounded accusations that aim at creating or exploiting doubts, without justification, as to the personal integrity or patriotism of my opposition. (5) I will not undertake or condone any dishonest or unethical practice that tends to corrupt or undermine our American system of free elections or that hampers or prevents the full and free expression of the will of the voters. (6) I will defend and uphold the right of every qualified American voter to full and equal participation in the electoral process. (7) I will immediately and publicly repudiate methods and tactics that may come from others that I have pledged not to use or condone. I shall take firm action against any subordinate who violates any provision of this Code or the laws governing elections. I, the undersigned, candidate for election to public office in the State of Illinois or chair of a political committee in support of or opposition to a question of public policy, hereby voluntarily endorse, subscribe to, and solemnly pledge myself to conduct my campaign in accordance with the above principles and practices. .............. ............................... Date Signature (Source: P.A. 103-600, eff. 7-1-24.) |
10 ILCS 5/29B-15 (10 ILCS 5/29B-15) (from Ch. 46, par. 29B-15; formerly Ch. 46, par. 1104) Sec. 29B-15. Responsibility of State Board of Elections for printing and supplying of forms. The State Board of Elections shall print, or cause to be printed, copies of the Code of Fair Campaign Practices. (Source: P.A. 103-600, eff. 7-1-24.) |
10 ILCS 5/29B-20 (10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch. 46, par. 1105) Sec. 29B-20. Acceptance of completed forms; retentions for public inspection. The State Board of Elections shall accept, at all times prior to an election, all completed copies of the Code of Fair Campaign Practices that are properly subscribed to by a candidate or the chair of a political committee in support of or opposition to a question of public policy, and shall retain them for public inspection until 30 days after the election. (Source: P.A. 103-600, eff. 7-1-24.) |
10 ILCS 5/29B-25
(10 ILCS 5/29B-25) (from Ch. 46, par. 29B-25; formerly Ch. 46, par. 1106)
Sec. 29B-25. Subscribed forms as public records. Every copy of the Code of
Fair Campaign Practices subscribed to by a candidate or the chair of a
political committee in support of or opposition to a question of public policy
under this Article is a public record open for public inspection.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/29B-30
(10 ILCS 5/29B-30) (from Ch. 46, par. 29B-30; formerly Ch. 46, par. 1107)
Sec. 29B-30. Subscription to Code voluntary. The subscription by a candidate
or the chair of a political committee in support of or opposition to a
question of public policy is voluntary.
A candidate, or the chair of a political committee, who has filed a
copy of the Code of Fair Campaign Practices may so indicate on any campaign
literature or advertising in a form to be determined by the State Board of
Elections.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/29B-35
(10 ILCS 5/29B-35) (from Ch. 46, par. 29B-35; formerly Ch. 46, par. 1108)
Sec. 29B-35.
Failure to comply.
Any candidate or chairman of
a political committee who subscribes to the Code of Fair Campaign Practices
and fails to comply with any provision of the Code shall not be guilty of
a criminal offense and nothing in this Article or any other law shall be
construed to impose any criminal penalty for noncompliance with this Article.
(Source: P.A. 86-1435; 87-1052.)
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10 ILCS 5/Art. 29C
(10 ILCS 5/Art. 29C heading)
ARTICLE 29C.
DIVISION OF LEGISLATIVE DISTRICTS
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10 ILCS 5/29C-5
(10 ILCS 5/29C-5) (from Ch. 46, par. 29C-5; formerly Ch. 46, par. 811)
Sec. 29C-5.
Three Groups of Legislative Districts.
The 59 legislative districts of this State are divided into 3 groups for
the purpose of establishing the terms of Senators elected from each group.
The districts in each group are distributed substantially equally over the
State. The 3 groups shall consist of 20, 20 and 19 legislative districts,
respectively, with each group having as its first district number, one of
the numbers 1, 2 or 3, and shall be comprised of other district numbers, as
follows:
1 2 3
4 5 6
7 8 9
10 11 12
13 14 15
16 17 18
19 20 21
22 23 24
25 26 27
28 29 30
31 32 33
34 35 36
37 38 39
40 41 42
43 44 45
46 47 48
49 50 51
52 53 54
55 56 57
58 59
(Source: P.A. 87-1052 .)
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10 ILCS 5/29C-10
(10 ILCS 5/29C-10) (from Ch. 46, par. 29C-10)
Sec. 29C-10. Terms of Senators in each group. Senators shall be elected from
districts in each group of legislative districts on the dates and for terms as
follows:
First group - 2022 and 2026 for 4 years each,
and in 2030 for 2 years;
Second group - 2022 for 4 years, 2026 for 2 years,
and in 2028 for 4
years; and
Third group - 2022 for 2 years, and in 2024 and 2028
for 4 years each.
All 59 Senators, one from each of the 59 districts, shall be elected at
the first general election of representatives next occurring after each
decennial redistricting.
(Source: P.A. 102-10, eff. 6-4-21.)
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10 ILCS 5/29C-15
(10 ILCS 5/29C-15) (from Ch. 46, par. 29C-15; formerly Ch. 46, par. 813)
Sec. 29C-15. Determination of groups.
To determine which group of Legislative Districts shall be the "First
group", "Second group", or "Third group" for the purpose of establishing
the terms for which Senators shall be elected in each group until the next
decennial redistricting, as provided in Section 3 of Article IV of the
Illinois Constitution of 1970, the Secretary of State, in the presence of
the President and Minority Leader of the Senate, after due notice to them,
shall, as soon as practicable after each redistricting finalized according
to law, draw one card at random, from 3 cards bearing the numbers 1, 2 and
3, and then draw one card at random from the 2 remaining cards. The first
number so drawn shall be the first number of the "First group" and Senators
shall be elected from districts in that group for terms as provided in
Section 29C-10 for that group. The second number so drawn shall be
the first number of the "Second group" and Senators shall be elected from
districts in that group for terms as provided in Section 29C-10 for
that group. The number on the remaining card shall be the first number of
the "Third group" and Senators shall be elected from districts in that
group for terms as provided in Section 29C-10 for that group.
(Source: P.A. 97-6, eff. 6-3-11.)
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10 ILCS 5/Art. 30
(10 ILCS 5/Art. 30 heading)
ARTICLE 30.
REPEAL AND SAVING
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10 ILCS 5/30-2
(10 ILCS 5/30-2) (from Ch. 46, par. 30-2)
Sec. 30-2.
The provisions for repeal in this article shall not in any way:
(1) Affect any offense committed, an act done, a penalty, punishment or
forfeiture incurred, or a claim, right, power or remedy accrued under any
law in force prior to the effective date of this Act:
(2) Invalidate any act or proceeding that has been validated by any
former law;
(3) Affect the adoption by any city, village, incorporated town or other
governmental unit of any act in force prior to the effective date of this
Act;
(4) Increase the penalty or punishment for any offense committed prior
to the effective date hereof.
(Source: Laws 1943, Vol. 2, p. 253.)
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10 ILCS 5/30-3
(10 ILCS 5/30-3) (from Ch. 46, par. 30-3)
Sec. 30-3.
If any section, subdivision, sentence or clause of this Act is
for any reason held invalid or to be unconstitutional, such decision shall
not affect the validity of the remaining portions of this Act.
(Source: Laws 1943, Vol. 2, p. 253.)
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