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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 5/12-3

    (10 ILCS 5/12-3) (from Ch. 46, par. 12-3)
    Sec. 12-3. In any city, village or incorporated town operating under Article 6 of this Act, the Board of Election Commissioners shall give timely notice through the press of the time and place of election in each precinct or consolidated area of such city, village or incorporated town.
(Source: Laws 1961, p. 2492.)

10 ILCS 5/12-4

    (10 ILCS 5/12-4) (from Ch. 46, par. 12-4)
    Sec. 12-4. Not more than 30 nor less than 10 days prior to the date of the consolidated and nonpartisan elections, each election authority shall publish notice of the election of officers of each political subdivision to be conducted in his or its jurisdiction on such election date. The notice of election shall be published once in one or more newspapers published in each political subdivision, and if there is no such newspaper, then published once in a local, community newspaper having general circulation in the subdivision, and also once in a newspaper published in the county wherein the political subdivisions or portions thereof, having such elections are situated.
    The notice shall be substantially in the form prescribed in Section 12-1, and may include notice of the location of the precincts and polling places within or including part of the political subdivision in which the election is to be conducted.
    Not less than 10 days before each such election, the election authority shall publish notice of the precincts and the location of the polling places where the election will be conducted for political subdivisions wholly or partially within its jurisdiction. The election authority shall cause publication in the manner heretofore prescribed for the notice of election.
(Source: P.A. 81-963.)

10 ILCS 5/12-5

    (10 ILCS 5/12-5) (from Ch. 46, par. 12-5)
    Sec. 12-5. Notice for public questions. For all elections held after July 1, 1999, notice of public questions shall be required only as set forth in this Section or as set forth in Section 17-3 or 19-3 of the School Code. Not more than 30 days nor less than 10 days before the date of a regular election at which a public question is to be submitted to the voters of a political or governmental subdivision, and at least 20 days before an emergency referendum, the election authority shall publish notice of the referendum. The notice shall be published once in a local, community newspaper having general circulation in the political or governmental subdivision. The notice shall also be given at least 10 days before the date of the election by posting a copy of the notice at the principal office of the election authority. The local election official shall also post a copy of the notice at the principal office of the political or governmental subdivision, or if there is no principal office at the building in which the governing body of the political or governmental subdivision held its first meeting of the calendar year in which the referendum is being held. The election authority and the political or governmental subdivision may, but are not required to, post the notice electronically on their World Wide Web pages. The notice, which shall appear over the name or title of the election authority, shall be substantially in the following form:
        NOTICE IS HEREBY GIVEN that at the election to be
    
held on (insert day of the week), (insert date of election), the following proposition will be submitted to the voters of (name of political or governmental subdivision):
    (insert the public question as it will appear on the
    
ballot)
        The polls at the election will be open at 6:00
    
o'clock A.M. and will continue to be open until 7:00 o'clock P.M. of that day.
        Dated (date of notice)
        (Name or title of the election authority)
The notice shall also include any additional information required by the statute authorizing the public question. The notice may include an explanation, in neutral and plain language, of the question and its purposes supplied by the governing body of the political or governmental subdivision to whose voters the question is to be submitted. The notice shall set forth the precincts and polling places at which the referendum will be conducted only in the case of emergency referenda.
(Source: P.A. 92-6, eff. 6-7-01; 93-847, eff. 7-30-04.)

10 ILCS 5/12-6

    (10 ILCS 5/12-6) (from Ch. 46, par. 12-6)
    Sec. 12-6. Whenever a requirement in this Code for the publication of any notice of an election cannot be complied with because of the absence of any qualified newspaper of local or general circulation in accordance with such requirements, notice shall be given by posting the required notice in 5 public places in the political subdivision. Notwithstanding any other publication of notice requirement, notice of municipal elections and referenda in municipalities with a population of less than 500 persons may be given by posting the required notice in 5 public places in the municipality in lieu of publication.
(Source: P.A. 81-963.)

10 ILCS 5/Art. 12A

 
    (10 ILCS 5/Art. 12A heading)
ARTICLE 12A.
VOTERS' GUIDES
(Source: P.A. 94-645, eff. 8-22-05.)

10 ILCS 5/12A-2

    (10 ILCS 5/12A-2)
    Sec. 12A-2. Definitions. As used in this Article, unless the context otherwise requires:
    "Board" means the State Board of Elections.
    "Internet Guide" refers to information disseminated by the State Board of Elections on a website, pursuant to Section 12A-5.
    "Local election authority" means a county clerk or board of election commissioners.
    "Public question" or "question" means any question, proposition, or referendum submitted to the voters under Article 28 of this Code.
    "Statewide candidate" means any candidate who runs for a statewide office, including Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, United States President, or United States Senator.
    "Voters' guide" means any information disseminated by the State Board of Elections pursuant to Section 12A-5.
(Source: P.A. 94-645, eff. 8-22-05.)

10 ILCS 5/12A-5

    (10 ILCS 5/12A-5)
    Sec. 12A-5. Internet Guide. The Board shall publish, no later than the 45th day before a general election in which a statewide candidate appears on the ballot, an Internet website with the following information:
        (1) The date and time of the general election.
        (2) Requirements for a citizen to qualify as an
    
elector.
        (3) The deadline for registering as an elector in the
    
State of Illinois for the next election.
        (4) Contact information for local election
    
authorities.
        (5) A description of the following offices, when they
    
appear on the ballot, including their term of office, basic duties, and base salary: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge. The Board shall not include information on any office other than the offices listed in this item (5).
        (6) The names and party affiliations of qualified
    
candidates for the following offices, when these offices appear on the ballot: United States President, United States Senator, United States Representative, Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer, Comptroller, Illinois Supreme Court Judge, and Illinois Appellate Court Judge. The Board shall not include information on candidates for any office other than the offices listed in this item (6).
        (7) Challenged candidates. Where a candidate's right
    
to appear on the general election ballot has been challenged, and any appeal remains pending regarding those challenges, the challenged candidate may appear on the Internet Guide, subject to the other provisions of Section 12A-10. In this instance, the Board may note that the candidate's candidacy has been challenged and that he or she may be removed from the ballot prior to election day. If the candidate is removed from the ballot prior to election day, the Board shall remove the candidate's name and other information from the Internet Guide.
        (8) Any personal statement and photograph submitted
    
by a candidate named in the Internet Guide, subject to Sections 12A-10 and 12A-35.
        (9) A means by which an elector may determine what
    
type of balloting equipment is used by his or her local election authority, and the instructions for properly using that equipment.
        (10) The text of any public question that may appear
    
on the ballot.
        (11) A mechanism by which electors may determine in
    
which congressional and judicial districts they reside. The Internet Guide shall allow visitors to search for candidates by office (e.g., Governor or United States Senator) and candidate's name.
        (12) Information concerning how to become an election
    
judge.
    The Board shall archive the contents of the Internet Guide for a period of at least 5 years.
    In addition, the Board has the discretion to publish a voters' guide before a general primary election in the manner provided in this Article.
(Source: P.A. 94-645, eff. 8-22-05.)

10 ILCS 5/12A-10

    (10 ILCS 5/12A-10)
    Sec. 12A-10. Candidate statements and photographs in the Internet Guide.
    (a) Any candidate whose name appears in the Internet Guide may submit a written statement and a photograph to appear in the Internet Guide, provided that:
        (1) No personal statement may exceed a brief
    
biography (name, age, education, and current employment) and an additional 400 words.
        (2) Personal statements may include contact
    
information for the candidate, including the address and phone number of the campaign headquarters, and the candidate's website.
        (3) Personal statements may not mention a candidate's
    
opponents by name.
        (4) No personal statement may include language that
    
may not be legally sent through the mail.
        (5) The photograph shall be a conventional photograph
    
with a plain background and show only the face, or the head, neck, and shoulders, of the candidate.
        (6) The photograph shall not (i) show the candidate's
    
hands, anything in the candidate's hands, or the candidate wearing a judicial robe, a hat, or a military, police, or fraternal uniform or (ii) include the uniform or insignia of any organization.
    (b) The Board must note in the text of the Internet Guide that personal statements were submitted by the candidate or his or her designee and were not edited by the Board.
    (c) Where a candidate declines to submit a statement, the Board may note that the candidate declined to submit a statement.
    (d) (Blank.)
    (e) Anyone other than the candidate submitting a statement or photograph from a candidate must attest that he or she is doing so on behalf and at the direction of the candidate. The Board may assess a civil fine of no more than $1,000 against a person or entity who falsely submits a statement or photograph not authorized by the candidate.
    (f) Nothing in this Article makes the author of any statement exempt from any civil or criminal action because of any defamatory statements offered for posting or contained in the Internet Guide. The persons writing, signing, or offering a statement for inclusion in the Internet Guide are deemed to be its authors and publishers, and the Board shall not be liable in any case or action relating to the content of any material submitted by any candidate.
    (g) The Board may set reasonable deadlines for the submission of personal statements and photographs.
    (h) The Board may set formats for the submission of statements and photographs. The Board may require that statements and photographs are submitted in an electronic format.
    (i) Fines collected pursuant to subsection (e) of this Section shall be deposited into the Voters' Guide Fund, a special fund created in the State treasury. Moneys in the Voters' Guide Fund shall be appropriated solely to the State Board of Elections for use in the implementation and administration of this Article 12A.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)

10 ILCS 5/12A-15

    (10 ILCS 5/12A-15)
    Sec. 12A-15. Language. The Board may translate all of the material it is required to provide for the Internet Guide into other languages as it deems necessary to comply with the federal Voting Rights Act or at its discretion. Visitors to the site shall have the option of viewing the Guide in all languages into which the Guide has been translated. Candidates may, at their option and expense, submit statements in languages other than English. The Board shall not be responsible for translating candidate statements.
(Source: P.A. 94-645, eff. 8-22-05.)

10 ILCS 5/12A-35

    (10 ILCS 5/12A-35)
    Sec. 12A-35. Board's review of candidate photograph and statement; procedure for revision.
    (a) If a candidate files a photograph and statement under item (8) of Section 12A-5 in a voters' guide, the Board shall review the photograph and statement to ensure that they comply with the requirements of Section 12A-10. Review by the Board under this Section shall be limited to determining whether the photograph and statement comply with the requirements of Section 12A-10 and may not include any determination relating to the accuracy or truthfulness of the substance or contents of the materials filed.
    (b) The Board shall review each photograph and statement. If the Board determines that the photograph or statement of a candidate must be revised in order to comply with the requirements of Section 12A-10, the Board shall attempt to contact the candidate. A candidate contacted by the Board under this Section may file a revised photograph or statement no later than the 5th business day following notification .
    (c) If the Board is required to attempt to contact a candidate under subsection (b) of this Section, the Board shall attempt to contact the candidate by telephone or by using an electronic transmission facsimile machine, if such contact information is provided by the candidate.
    (d) If the Board is unable to contact a candidate, if the candidate does not file a revised photograph or statement, or if the revised filing under subsection (b) again fails to meet the standards of review set by the Board:
        (1) If a photograph does not comply with Section
    
12A-10, the Board may modify the photograph. The candidate shall pay the expense of any modification before publication of the photograph in the voters' guide. If the photograph cannot be modified to comply with Section 12A-10, the photograph shall not be printed in the guide.
        (2) If a statement does not comply with Section
    
12A-10, the statement shall not be published in the voters' guide.
    (e) If the photograph or statement of a candidate filed under item (8) of Section 12A-5 does not comply with a requirement of Section 12A-10 and the Board does not attempt to contact the candidate by the deadline specified in subsection (b) of this Section, then, for purposes of this Section only, the photograph or statement shall be published as filed.
    (f) A candidate revising a photograph or statement under this Section shall make only those revisions necessary to comply with Section 12A-10.
    (g) The Board may by rule define the term "contact" as used in this Section.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.)