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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/2A-46
(10 ILCS 5/2A-46) (from Ch. 46, par. 2A-46)
Sec. 2A-46.
Board of Stadium Commissioners - Commissioner - Time of
election. A commissioner of a city Board of Stadium Commissioners shall be
elected at each consolidated election which immediately precedes the
expiration of the term of any incumbent commissioner, to succeed each
incumbent commissioner whose term expires before the following consolidated election.
(Source: P.A. 80-1469 .)
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10 ILCS 5/2A-48
(10 ILCS 5/2A-48) (from Ch. 46, par. 2A-48)
Sec. 2A-48. Chicago Board of Education and Board of School Directors; member; time of election. Except as otherwise provided, a
member of a Board of School Directors or a member of an elected Board of
Education, as the case may be, shall be elected at each consolidated
election to succeed each incumbent member whose term ends before the
following consolidated election. Beginning with the 2024 general election, the Chicago Board of Education elected members shall be elected as provided in subsection (b-15) of Section 34-3 of the School Code.
(Source: P.A. 102-177, eff. 6-1-22 .)
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10 ILCS 5/2A-49
(10 ILCS 5/2A-49) (from Ch. 46, par. 2A-49)
Sec. 2A-49.
Board of School Inspectors - Member - Time of Election.
A member of a Board of School Inspectors shall be elected at the
consolidated election which immediately precedes the
expiration of the
term of any incumbent school inspector, to succeed each incumbent school
inspector whose term ends before the following consolidated
election.
(Source: P.A. 90-358, eff. 1-1-98.)
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10 ILCS 5/2A-50
(10 ILCS 5/2A-50) (from Ch. 46, par. 2A-50)
Sec. 2A-50.
Regional Board of School Trustees - Trustee - Time of
Election. Except in educational service regions having a population of
2,000,000 or more inhabitants, a trustee of a Regional Board of School
Trustees shall be elected at the consolidated election to
succeed each incumbent
trustee whose term ends before the following consolidated
election.
(Source: P.A. 90-358, eff. 1-1-98 .)
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10 ILCS 5/2A-51
(10 ILCS 5/2A-51) (from Ch. 46, par. 2A-51)
Sec. 2A-51.
Schools - Trustee - Time of Election.
Except in a
township in which all school districts located therein have withdrawn from
the jurisdiction and authority of the trustees of schools under the
provisions of subsection (b) of Section 5-1 of the School Code and except
in townships in which the office of trustee of schools has been abolished
as provided in subsection (c) of Section 5-1 of the School Code,
a trustee of schools shall be elected in townships at the consolidated
election which immediately precedes the expiration of the term of any
incumbent trustee, to succeed each incumbent trustee whose term ends before
the following consolidated election.
(Source: P.A. 90-358, eff. 1-1-98.)
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10 ILCS 5/2A-52
(10 ILCS 5/2A-52) (from Ch. 46, par. 2A-52)
Sec. 2A-52.
Community College District - Member - Time of Election.
A member of the Board of a Community College District shall be elected
at each consolidated election to succeed each elected
incumbent member of
the Board whose term expires before the following consolidated election.
(Source: P.A. 90-358, eff. 1-1-98.)
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10 ILCS 5/2A-53
(10 ILCS 5/2A-53) (from Ch. 46, par. 2A-53)
Sec. 2A-53.
(Repealed).
(Source: Repealed by P.A. 89-5, eff. 1-1-96.)
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10 ILCS 5/2A-54
(10 ILCS 5/2A-54) (from Ch. 46, par. 2A-54)
Sec. 2A-54.
In those cases in which the election to an office is changed
by the consolidation of elections to an earlier or later month in the same
year or to a different year, the term of any incumbent serving on December
1, 1980 is extended to the first Monday in the first month following the
election of his successor and until the successor has qualified, and the
term of the successor in office shall commence on that first Monday.
The term of office of a person elected at a nonpartisan election whose
term begins before the effective date of this amendatory Act of 1997 shall
expire on the date that his or her term would have expired had this amendatory
Act of 1997 not been enacted. The term of office of a person elected at a
consolidated election held on or after the effective date of this amendatory
Act of
1997 to succeed to a term of office of a person elected at a nonpartisan
election shall begin upon the termination of the predecessor's term of office.
The term of office of a person elected to succeed to a term of office of a
person elected at a nonpartisan election shall end after the next consolidated
election at which a successor is elected and at the regularly scheduled time
for the ending of terms of office as provided in the Act or Acts creating or
governing that unit of local government or school district.
However,
this general provision for the transition of terms of office in relation
to the adoption of a uniform schedule of elections shall be subject to the
specific provisions for the transition of terms of office in the several
Acts creating or governing the creation of various units of local government
and school districts, as amended.
(Source: P.A. 90-358, eff. 1-1-98.)
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10 ILCS 5/2A-55
(10 ILCS 5/2A-55)
Sec. 2A-55.
Forest preserve districts; commissioners; time of election.
A
forest preserve district commissioner elected under Section 3.5 of the
Downstate Forest Preserve District Act shall be elected at each consolidated
election to succeed each incumbent commissioner whose term expires before the
following consolidated election.
(Source: P.A. 88-443.)
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10 ILCS 5/Art. 2B
(10 ILCS 5/Art. 2B heading)
ARTICLE 2B. CONDUCT OF THE 2020 GENERAL ELECTION
(Repealed) (Source: P.A. 101-642, eff. 6-16-20. Repealed internally, eff. 1-1-21.) |
10 ILCS 5/Art. 3
(10 ILCS 5/Art. 3 heading)
ARTICLE 3.
QUALIFICATION OF VOTERS
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10 ILCS 5/3-1
(10 ILCS 5/3-1) (from Ch. 46, par. 3-1)
Sec. 3-1.
Every person (i) who has resided in this State and in the
election district 30 days next preceding any election therein, or (ii) who
has resided in and is registered to vote from the election district 30 days
next preceding any election therein and has moved to another election district
in this State within said 30 days and has made and subscribed to the affidavit
provided in paragraph (b) of Section 17-10 of this Act, or (iii) who has
resided in and is registered to vote from the election district 30 days next
preceding any election therein and has not moved to another residence but whose
address has changed as a result of implementation of a 9-1-1 emergency
telephone system and has made and subscribed to the affidavit provided in
subsection (a) of Section 17-10, and who
is a citizen of the United States, of the age of 18 or more years is
entitled to vote at such election for all offices and on all
propositions. Any military establishment within the boundaries of
Illinois is "in this State" even though the government of the United
States may have exclusive jurisdiction over such establishment.
(Source: P.A. 90-664, eff. 7-30-98.)
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10 ILCS 5/3-1.2
(10 ILCS 5/3-1.2) (from Ch. 46, par. 3-1.2)
Sec. 3-1.2.
Eligibility to sign petition.
For the purpose
of
determining eligibility to sign a nominating
petition or a petition proposing a public question the terms "voter",
"registered
voter", "qualified voter", "legal voter", "elector", "qualified elector",
"primary elector" and "qualified primary elector" as used in this Code or
in another Statute shall mean a person who is registered to vote at the
address shown opposite his signature on the petition or was registered to
vote at such address when he signed the petition.
Any person, otherwise qualified under this Section, who has not moved to
another residence but whose address has changed as a result of implementation
of a 9-1-1 emergency telephone system shall be considered a "voter",
"registered voter", "qualified voter", "legal voter", "elector", "qualified
elector", "primary elector", and "qualified primary elector".
(Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01.)
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10 ILCS 5/3-1.3
(10 ILCS 5/3-1.3) (from Ch. 46, par. 3-1.3)
Sec. 3-1.3.
Whenever this Code or another statute requires that a
nominating petition or a petition proposing a public question shall be
signed by a specified percentage of the registered voters of the State, a
political subdivision or district or precinct or combination of precincts,
the total number of voters to which the percentage is applied shall be the
number of voters who are registered in the State, political subdivision or
district or precinct or combination of precincts, as the case may be, on
the date registration closed before the regular election next preceding the
last day on which such petition may be filed in accordance with the general
election law. This Section does not apply to the determination of the
number of signatures required on a petition filed pursuant to Article IX of
the Liquor Control Act of 1934.
(Source: P.A. 84-1467 .)
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10 ILCS 5/3-2
(10 ILCS 5/3-2) (from Ch. 46, par. 3-2)
Sec. 3-2.
(a) A permanent abode is necessary to constitute a
residence within the meaning of Section 3-1. No elector or
spouse shall be deemed to have lost his or her residence in
any precinct or election district in this State by reason of
his or her absence on business of the United States, or of this State.
Nothing in this Section shall be construed to prevent homeless
individuals from registering to vote under the provisions of this Act.
(b) A homeless individual must have a mailing address in order to be
eligible to register to vote. For purposes of this Act, a mailing address
shall constitute a homeless individual's residence for voting purposes. A
mailing address of a homeless individual may include, but is not limited
to, a shelter, a day shelter, or a private residence.
Election authorities may by reasonable rules limit the place where
voter registration of homeless individuals may be taken and the class of
deputy registrars who may take the voter registration of homeless individuals.
(c) Nothing in this Act shall be construed to confer upon homeless
individuals any additional privileges or benefits other than the right to
register to vote and to be qualified to vote in an election under Articles
4, 5, and 6 of this Code.
(Source: P.A. 87-1241.)
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10 ILCS 5/3-3
(10 ILCS 5/3-3) (from Ch. 46, par. 3-3)
Sec. 3-3.
Every honorably discharged soldier or sailor who is an
inmate of any soldiers' and sailors' home within the State of Illinois,
any person who is a resident of a facility licensed or certified pursuant to the
Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act of 2013, the ID/DD Community Care Act, or the MC/DD Act, or any person who is a resident of a community-integrated living arrangement, as defined in Section 3 of the Community-Integrated Living Arrangements Licensure and Certification Act,
for 30 days or longer, and who is a citizen of the United States and has
resided in this State and in the election district 30 days next
preceding any election shall be entitled to vote in the election
district in which any such home or community-integrated living arrangement in which he is an
inmate or resident is located, for all officers that now are or hereafter may be
elected by the people, and upon all questions that may be submitted to
the vote of the people: Provided, that he shall declare upon oath, that it
was his bona fide intention at the time he entered said home or community-integrated living arrangement to become a
resident thereof.
(Source: P.A. 98-104, eff. 7-22-13; 99-180, eff. 7-29-15.) |
10 ILCS 5/3-4
(10 ILCS 5/3-4) (from Ch. 46, par. 3-4)
Sec. 3-4.
No patient who has resided for less than 180 days in any hospital or mental institution in this State shall by
virtue of his abode at such hospital or mental institution be deemed a
resident or legal voter in the town, city, village or election district or
precinct in which such hospital or mental institution may be situated; but
every such person shall be deemed a resident of the town, city, village or
election district or precinct in which he resided next prior to becoming a
patient of such hospital or mental institution. However, the term "hospital"
does not include skilled nursing facilities.
(Source: P.A. 100-1110, eff. 8-28-18; 101-81, eff. 7-12-19.)
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10 ILCS 5/3-5 (10 ILCS 5/3-5) (from Ch. 46, par. 3-5)
Sec. 3-5. No person who has been legally convicted, in this
or another state or in any federal court, of any crime, and
is serving a sentence of confinement in any penal institution,
or who has been convicted under any Section of this Code and is
serving a sentence of confinement in any penal institution,
shall vote, offer to vote, attempt to vote or be permitted
to vote at any election until his release from confinement.
Confinement for purposes of this Section shall include any
person convicted and imprisoned but granted a furlough as
provided by Section 3-11-1 of the Unified Code of Corrections,
or admitted to a work release program as provided by Section
3-13-2 of the Unified Code of Corrections. Confinement shall
not include any person convicted and imprisoned but released on parole.
Confinement or detention in a jail pending acquittal or
conviction of a crime is not a disqualification for voting.
(Source: P.A. 100-863, eff. 8-14-18.)
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10 ILCS 5/3-6 (10 ILCS 5/3-6) Sec. 3-6. Voting and registration age. (a) Notwithstanding any other provision of law, a person who is 17 years old on the date of a caucus, general primary election, or consolidated primary election and who is otherwise qualified to vote is qualified to vote at that caucus, general primary, or consolidated primary, including voting a vote by mail, grace period, or early voting ballot with respect to that general primary or consolidated primary, if that person will be 18 years old on the date of the immediately following general election or consolidated election for which candidates are nominated at that primary. (b) Notwithstanding any other provision of law, a person who is otherwise qualified to vote may preregister to vote on or after that person's 16th birthday, with the registration application held in abeyance by the State Board of Elections until that individual attains the required age to vote, at which time the State Board of Elections shall transmit the registration application to the applicable election authority. Preregistration under this subsection (b) shall be completed using the online voter registration system, as provided in Section 1A-16.5, or an electronic voter registration portal with an automatic voter registration agency, as provided in Section 1A-16.7. (c) Notwithstanding any other provision of law, an individual who is 17 years of age, will be 18 years of age on the date of the immediately following general or consolidated election, and is otherwise qualified to vote shall be deemed eligible to circulate a nominating petition or a petition proposing a public question. (d) For the purposes of this Code, a person who is 16 years of age or older shall be deemed competent to execute and attest to any voter registration forms. (e) References in this Code and elsewhere to the requirement that a person must be 18 years old to vote shall be interpreted in accordance with this Section.
(Source: P.A. 103-467, eff. 1-1-24 .) |
10 ILCS 5/3-7 (10 ILCS 5/3-7) Sec. 3-7. Voters in consolidating and merging townships. (a) In the consolidated election where township trustees are elected next following the certification of a successful referendum to consolidate townships under Article 22 of the Township Code, the qualified electors entitled to caucus, vote for, be nominated for, and run for offices in the consolidated township that is to be formed are those registered voters residing in any of the townships identified in the referendum as they exist prior to consolidation. (b) In the consolidated election where township trustees are elected next following the certification of a successful referendum to dissolve a township and merge its territory into 2 adjacent townships under Article 23 of the Township Code, the qualified electors entitled to caucus, vote for, be nominated for, and run for offices in a receiving township shall also include those registered voters residing in the territory of the dissolving township described in the resolutions adopted under Section 23-10 of the Township Code as the territory to be merged with the receiving township. For purposes of this subsection (b) only, "dissolving township" and "receiving township" have the meaning provided in Section 23-5 of the Township Code.
(Source: P.A. 100-107, eff. 1-1-18 .) |
10 ILCS 5/Art. 4
(10 ILCS 5/Art. 4 heading)
ARTICLE 4.
REGISTRATION OF ELECTORS IN
COUNTIES HAVING A POPULATION OF LESS
THAN 500,000
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10 ILCS 5/4-1
(10 ILCS 5/4-1) (from Ch. 46, par. 4-1)
Sec. 4-1.
Except as provided in this Article 4, it is unlawful for
any person residing in a county containing a population of less than
500,000, to vote at any election at which
any officers are to be nominated or elected,
or at any election at which any questions of public policy are to be voted
on, unless such
person is at the time of such
election a registered voter under the provisions of this Article 4.
The provisions of this Article do not apply to electors voting in an
election of any soil and water conservation district or drainage district
or to electors residing in municipalities in this State which have adopted
"An Act regulating
the holding of elections and declaring the result thereof in cities,
villages and incorporated towns in this State", approved June 19, 1885,
as amended, or which have adopted Articles 6, 14 and 18 of this Act. This
Article shall not apply to electors voting pursuant to Article 20 of this Act.
The provisions of this Article 4, so far as they require the registration
of voters as a condition to their being allowed to vote shall not apply
to persons otherwise entitled to vote who have made and subscribed to the
affidavit provided in paragraph (b) of Section 17-10 of this Act.
(Source: P.A. 81-1060.)
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10 ILCS 5/4-2
(10 ILCS 5/4-2) (from Ch. 46, par. 4-2)
Sec. 4-2.
No person shall be entitled to be registered in and from
any precinct unless such person shall by the date of the election next
following have resided in the State and within the precinct 30 days and
be otherwise qualified to vote at such election. Every applicant who
shall be 18 years of age or over on the day of the next election shall
be permitted to register, if otherwise qualified.
To constitute residence under this Act, Article 3 is controlling.
(Source: P.A. 81-953.)
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10 ILCS 5/4-3
(10 ILCS 5/4-3) (from Ch. 46, par. 4-3)
Sec. 4-3.
The county board shall appoint the place of registry in each
precinct for any precinct re-registration of 1969 and 1970 under this
Article 4 and for all precinct registrations. Such place or places shall be
in the most public, orderly and convenient portions thereof; and no
building or part of a building shall be designated or used as a place of
registry, in which spirituous or intoxicating liquor is sold or which is
used as political headquarters for any party, candidate or office holder.
The county clerk may demand of the chief of police of each city, village or
incorporated town, or the sheriff, to furnish officers of the law to attend
during the progress of any registration at any place or places of
registration designated by the county board.
(Source: Laws 1968, p. 570.)
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10 ILCS 5/4-4
(10 ILCS 5/4-4) (from Ch. 46, par. 4-4)
Sec. 4-4.
The county clerk shall be ex officio the registration
officer of such county and shall have full charge and control of the
registration of voters within such county, where this Article 4 is in
effect.
For the 3 days of any 1969 and 1970 re-registration and for precinct
registrations hereinafter provided, 2 of the judges of election, no more
than one from the same political party, theretofore duly appointed and
confirmed as such and acting in each precinct, shall be designated by
the county clerk to constitute a board of registration for each
precinct, respectively, and each of such judges of election so
designated shall serve as a judge of registration therein.
In counties over 1,000,000 population town or road district clerks,
city or village clerks, their duly authorized deputies approved by the
county clerk, and employees of the office of the county clerk may be
appointed by the county clerk as deputy registration officers.
Such clerks appointed as deputy registration officers may accept
registration of voters at their offices at any time that such
registrations may be accepted by the county clerk, but shall not accept
such registrations at any other place. Such deputy registration officers
shall return any registrations accepted by them to the county clerk
within 7 days after any registration is accepted by them.
Registration officers, deputy registration officers and judges of
registration shall be officers of the court and the provisions of the
laws of this State as to vacancies, removal and control (except as
hereinafter provided), and punishment in case of misbehavior of judges
of election shall apply to such registration officials.
Each registration officer including officers and judges of
registration shall before entering upon his duties take and subscribe to
the following oath or affirmation:
"I do solemnly swear (or affirm, as the case may be) that I will
support the Constitution of the United States, and the Constitution of
the State of Illinois, and that I will faithfully discharge the duties
of the office of registration officer to the best of my ability, and
that I will register no person nor cause the registration of any person
except upon his personal application before me.
....................................... (Signature of Registration Officer)"
This oath shall be administered by the county clerk, or by one of his
deputies, or by any person qualified to take acknowledgments and shall
immediately thereafter be filed with the county clerk, except that
judges of registration may administer such oath or affirmation to each other
and such oath of office and all affidavits which have been signed and sworn
to before them shall be returned to the office of the county clerk in an
envelope provided for that purpose.
No registration official for a precinct or other place of
registration shall, without urgent necessity, absent himself from the
place of registration or revision of registration upon any day of
registration or revision of registration whereby less than the number of
persons necessary to conduct the registration or revision of
registration shall be present during such hours of registration or
revision of registration.
(Source: Laws 1968, p. 572 .)
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10 ILCS 5/4-5
(10 ILCS 5/4-5) (from Ch. 46, par. 4-5)
Sec. 4-5.
The registration preceding the November, 1942, election shall
constitute a permanent registration subject to revision and alteration in
the manner hereinafter provided; and all registrations subsequent thereto
shall be upon registration record cards provided by the county clerk.
However, if the county board, by resolution adopted before October 15,
1969, determines that there shall be a re-registration in the county before
the June, 1970, primary as provided in this Article, such 1942 registration
shall be a permanent registration only until such re-registration as
provided in Section 4-5.01.
(Source: Laws 1967, p. 2987 .)
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10 ILCS 5/4-5.01
(10 ILCS 5/4-5.01) (from Ch. 46, par. 4-5.01)
Sec. 4-5.01.
Where the county board determines, as provided in Section 4-5,
that there shall be a re-registration before the June, 1970, primary, there
shall, subject to the provisions of Section 4-6, be 3 days of re-registration
in each precinct. The first of such 3 days of
re-registration shall be Friday, November 21, 1969; the second, Friday,
December 19, 1969; and the third, Tuesday, January 15, 1970. On each of the
3 days of re-registration, the registration place or places shall open at
8:00 a.m. and remain open until 9:00 p.m.
Re-registration provided by this Article 4 shall be conducted by the
county clerk, shall be at the office of such clerk or in the precinct or in
the offices of the respective deputy registration officers appointed by the
county clerk as hereinabove in this Article provided, and shall be upon
registration record cards in the manner provided by this Article. Such
re-registration shall constitute a permanent registration subject to
revision and alteration in the manner hereinafter provided. All
registrations shall be on registration record cards provided by the county
clerk in accordance with the provisions of this Article 4.
Immediately following the last day of precinct re-registration in 1970,
all permanent registration records compiled before November 21, 1969, shall
be destroyed if no election contest is pending in which such records are
material.
(Source: Laws 1967, p. 2987 .)
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10 ILCS 5/4-6
(10 ILCS 5/4-6) (from Ch. 46, par. 4-6)
Sec. 4-6.
For the purpose of registering voters under this Article in
addition to the method provided for precinct registration under Section
4-7, the office of the county clerk shall be open every day, except Saturday,
Sunday, and legal holidays, from 9:00 a.m. to 5:00 p.m. On Saturdays the
hours of registration shall be from 9:00 a.m. to 12:00 noon, and such
additional hours as the county clerk may designate. If, however, the county
board otherwise duly regulates and fixes the hours of opening and closing
of all county offices at the county seat of any county, such regulation
shall control and supersede the hours herein specified. There shall be no
registration at the office of the county clerk or at the office of municipal
and township or road district clerks serving as deputy
registrars during the 27 days preceding any regular or
special election at which the cards provided in this Article are used, or
until the 2nd day following such regular or special election;
provided, that if by reason of the proximity of any such elections to one
another the effect of this provision would be to close registrations for
all or any part of the 10 days immediately prior to such 27 day
period, the
county clerk shall accept, solely for use in the subsequent and not in any
intervening election, registrations and transfers of registration within
the period from the 27th to the 38th days, both inclusive, prior
to such
subsequent election. In any election called for
the submission of the revision or alteration of, or the amendments to the
Constitution, submitted by a Constitutional Convention, the final day for
registration at the office of the election authority charged with the
printing of the ballot of this election shall be the 15th day prior to the
date of election.
Any qualified person residing within the county or any portion thereof
subject to this Article may register or re-register with the county clerk.
Each county clerk shall appoint one or more registration or
re-registration teams for the purpose of accepting the registration or
re-registration of any voter who files an affidavit that he is physically
unable to appear at any appointed place of registration or re-registration.
Each team shall consist of one member of each political party having the
highest and second highest number of registered voters in the county. The
county clerk shall designate a team to visit each person with a disability and shall
accept the registration or re-registration of each such person as if he had
applied for registration or re-registration at the office of the county
clerk.
As used in this Article, "deputy registrars" and "registration
officers" mean any
person authorized to accept registrations of electors under this Article.
(Source: P.A. 99-143, eff. 7-27-15.)
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10 ILCS 5/4-6.1
(10 ILCS 5/4-6.1) (from Ch. 46, par. 4-6.1)
Sec. 4-6.1.
In addition to registration at the office of the county clerk,
and at the offices of municipal and township or road district clerks,
each county clerk shall provide for the following additional methods of
registration:
(1) the appointment of deputy registrars as provided | |
(2) the establishment of temporary places of
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Each county clerk may provide for precinct registration pursuant to Section
4-7.
(Source: P.A. 91-357, eff. 7-29-99 .)
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