Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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ELECTIONS10 ILCS 5/1-9.1
(10 ILCS 5/) Election Code.
(10 ILCS 5/1-9.1)
Ballot counting information dissemination.
Each election authority maintaining a website must provide 24-hour notice on its website of the date, time, and location of the analysis, processing, and counting of all ballot forms. Each election authority must notify any political party or pollwatcher of the same information 24 hours before the count begins if such political party or pollwatcher has requested to be notified. Notification may be by electronic mail at the address provided by the requester.
(Source: P.A. 98-1171, eff. 6-1-15
10 ILCS 5/1-9.2
(10 ILCS 5/1-9.2)
Uncounted ballot information on website.
No later than 48 hours after the closing of polling locations on election day, each election authority maintaining a website shall post the number of ballots that remain uncounted. The posting shall separate the number of ballots yet to be counted into the following categories: ballots cast on election day, early voting ballots, provisional ballots, vote by mail ballots received by the election authority but not counted, and vote by mail ballots sent by the election authority but have not been returned to the election authority. This information shall be updated on the website of the election authority each day until the period for counting provisional and vote by mail ballots has ended. All election authorities, regardless of whether they maintain a website, shall share the same information, separated in the same manner, with the State Board of Elections no later than 48 hours after the closing of polling locations on election day and each business day thereafter until the period for counting provisional and vote by mail ballots has ended.
(Source: P.A. 98-1171, eff. 6-1-15
10 ILCS 5/1-10
(10 ILCS 5/1-10)
Notwithstanding any law to the contrary, the
State Board of Elections in
evaluating the feasibility of any new voting system shall seek and accept
public comment from persons with disabilities, including but not
limited to organizations of the blind.
(Source: P.A. 99-143, eff. 7-27-15.)
10 ILCS 5/1-11
(10 ILCS 5/1-11)
(Source: P.A. 97-766, eff. 7-6-12. Repealed internally, eff. 5-31-13.)
10 ILCS 5/1-12
(10 ILCS 5/1-12)
Public university voting.
(a) Each appropriate election authority shall, in addition to the early voting conducted at locations otherwise required by law, conduct early voting, grace period registration, and grace period voting at the student union on the campus of a public university within the election authority's jurisdiction. The voting required by this subsection (a) to be conducted on campus must be conducted from the 6th day before a general primary or general election until and including the 4th day before a general primary or general election from 10:00 a.m. to 5 p.m. and as otherwise required by Article 19A of this Code, except that the voting required by this subsection (a) need not be conducted during a consolidated primary or consolidated election. If an election authority has voting equipment that can accommodate a ballot in every form required in the election authority's jurisdiction, then the election authority shall extend early voting and grace period registration and voting under this Section to any registered voter in the election authority's jurisdiction. However, if the election authority does not have voting equipment that can accommodate a ballot in every form required in the election authority's jurisdiction, then the election authority may limit early voting and grace period registration and voting under this Section to voters in precincts where the public university is located and precincts bordering the university. Each public university shall make the space available at the student union for, and cooperate and coordinate with the appropriate election authority in, the implementation of this subsection (a).
(c) For the purposes of this Section, "public university" means the University of Illinois, Illinois State University, Chicago State University, Governors State University, Southern Illinois University, Northern Illinois University, Eastern Illinois University, Western Illinois University, and Northeastern Illinois University.
(d) For the purposes of this Section, "student union" means the Student Center at 750 S. Halsted on the University of Illinois-Chicago campus; the Public Affairs Center at the University of Illinois at Springfield or a new building completed after the effective date of this Act housing student government at the University of Illinois at Springfield; the Illini Union at the University of Illinois at Urbana-Champaign; the SIUC Student Center at the Southern Illinois University at Carbondale campus; the Morris University Center at the Southern Illinois University at Edwardsville campus; the University Union at the Western Illinois University at the Macomb campus; the Holmes Student Center at the Northern Illinois University campus; the University Union at the Eastern Illinois University campus; NEIU Student Union at the Northeastern Illinois University campus; the Bone Student Center at the Illinois State University campus; the Cordell Reed Student Union at the Chicago State University campus; and the Hall of Governors in Building D at the Governors State University campus.
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
10 ILCS 5/1-13
(10 ILCS 5/1-13)
Forms of signature.
The making and signing of any form, including an application to register, a certificate authorizing cancellation of a registration or authorizing a transfer of registration, an application to vote, a provisional ballot, or affidavit, but not including a nominating or candidate petition or a referendum petition, may be by a signature written in ink or in digitized form.
(Source: P.A. 99-522, eff. 6-30-16.)
10 ILCS 5/1-15
(10 ILCS 5/1-15)
Procedures for the disposal of election records.
This Code is subject to the provisions of Section 14a of the Local Records Act.
(Source: P.A. 96-475, eff. 8-14-09.)
10 ILCS 5/1-20
(10 ILCS 5/1-20)
(Source: P.A. 96-1008, eff. 7-6-10. Repealed internally, eff. 3-2-11.)
10 ILCS 5/Art. 1A
(10 ILCS 5/Art. 1A heading)
STATE BOARD OF ELECTIONS
10 ILCS 5/1A-1
(10 ILCS 5/1A-1)
(from Ch. 46, par. 1A-1)
A State Board of Elections is hereby established which shall have
general supervision over the administration of the registration and
election laws throughout the State, and shall perform only such duties as
are or may hereafter be prescribed by law.
(Source: P.A. 78-918.)
10 ILCS 5/1A-2
(10 ILCS 5/1A-2)
(from Ch. 46, par. 1A-2)
The State Board of Elections shall consist of 8 members, 4 of whom shall
be residents of Cook County and 4 of whom shall be residents of the State
outside of Cook County. Of the 4 members from each area of required residence,
2 shall be affiliated with the same political party as the Governor, and
2 shall be affiliated with the political party whose nominee for Governor
in the most recent general election received the second highest number of
votes. Members shall be persons who have extensive knowledge of the election
laws of this State.
(Source: P.A. 80-1178.)
10 ILCS 5/1A-2.1
(10 ILCS 5/1A-2.1)
(from Ch. 46, par. 1A-2.1)
Each member of the State Board of Elections, before entering upon his
duties, shall subscribe to the Constitutional oath and shall give an
official bond in the penal sum of $100,000, with a corporate surety or
individual sureties approved by the Governor, conditioned upon the faithful
discharge of the duties of his office. The bond and oath shall be filed
with the office of the Secretary of State within 10 days after the
(Source: P.A. 78-918.)
10 ILCS 5/1A-3
(10 ILCS 5/1A-3)
(from Ch. 46, par. 1A-3)
Subject to the confirmation requirements of Section 1A-4, 4
members of the State Board of Elections shall be appointed in each odd-numbered
year as follows:
(1) The Governor shall appoint 2 members of the same political party with
which he is affiliated, one from each area of required residence.
(2) The Governor shall appoint 2 members of the political party whose
candidate for Governor in the most recent general election received the
second highest number of votes, one from each area of required residence,
from a list of nominees submitted by the first state executive officer in
the order indicated herein affiliated with such political party: Attorney
General, Secretary of State, Comptroller, and Treasurer.
If none of the State executive officers listed herein is affiliated with
such political party, the nominating State officer shall be the first State
executive officer in the order indicated herein affiliated with an
established political party other than that of the Governor.
(3) The nominating state officer shall submit in writing to the Governor
3 names of qualified persons for each membership on the Board of Election to be
appointed from the political party of that officer. The Governor may reject
any or all of the nominees on any such list and may request an additional
list. The second list shall be submitted by the nominating officer and
shall contain 3 new names of qualified persons for each remaining appointment,
except that if the Governor expressly reserves any nominee's name from the
first list, that nominee shall not be replaced on the second list. The
second list shall be final.
(4) Whenever all the state executive officers designated in paragraph
(2) are affiliated with the same political party as that of the Governor,
all 4 members of the Board to be appointed that year, from both designated
political parties, shall be appointed by the Governor without nominations.
(5) The Governor shall submit in writing to the President of the Senate
the name of each person appointed to the State Board of Elections, and shall
designate the term for which the appointment is made and the name of the
member whom the appointee is to succeed.
(6) The appointments shall be made and submitted by the Governor no later
than April 1 and a nominating state officer required to submit a list of
nominees to the Governor pursuant to paragraph (3) shall submit a list no
later than March 1.
(7) In the appointment of the initial members of the Board pursuant to
this amendatory Act of 1978, the provisions of paragraphs (1), (2), (3),
(5) and (6) of this Section shall apply except that the Governor shall appoint
all 8 members, 2 from each of the designated political parties from each
area of required residence.
(Source: P.A. 85-958.)
10 ILCS 5/1A-3.1
(10 ILCS 5/1A-3.1)
(from Ch. 46, par. 1A-3.1)
Of the members initially appointed to the State Board of Elections pursuant
to this amendatory Act of 1978, one member affiliated with each political
party from each area of required residence shall serve a term commencing
July 1, 1978 and ending June 30, 1979, and the other initial members shall
serve terms commencing July 1, 1978 and ending June 30, 1981.
Notwithstanding any provision in this Section to the contrary, the term
of office of each member of the State Board of Elections is abolished on
the effective date of this amendatory Act of 1985.
Subject to the confirmation requirements of Section 1A-4, 8
members of the State Board of Elections shall be appointed in accordance
with the provisions of Section 1A-3, except that the Governor shall appoint
4 members of the same political party with which he is affiliated and 4
members of the political party whose candidate for Governor in the most
recent general election received the second highest number of votes and
except that a nominating State officer shall submit to the Governor
his required list of nominees within 15 days after the current terms of
office are abolished and the Governor shall make appointments within 30
days after the current terms of office are abolished.
Of the members initially appointed to the State Board of Elections pursuant to
this amendatory Act of 1985, one member affiliated with each political
party for each area of required residence shall serve a term commencing
July 1, 1985, and ending July 1, 1987, and the other initial members shall
serve terms commencing July 1, 1985, and ending July 1, 1989.
The terms of subsequent members of the State Board of Elections shall be
4 years commencing on July 1 of the year in which the appointments are made.
A member shall serve until his successor is duly appointed and has qualified.
No appointee shall enter upon the duties of his office until all members
required to be appointed in that year have been confirmed by the Senate
by record vote pursuant to Section 1A-4.
(Source: P.A. 84-115.)
10 ILCS 5/1A-4
(10 ILCS 5/1A-4)
(from Ch. 46, par. 1A-4)
All appointments of members to the State Board of Elections
shall be subject to the advice and consent of the Senate pursuant to this
Section. Appointments by the Governor pursuant to paragraphs (1), (2) and
(7) of Section 1A-3 shall require the advice and consent of a 3/5 vote of
the members elected to the Senate. Appointments by the Governor pursuant
to paragraph (4) of Section 1A-3 shall require the advice and consent of
a 2/3 vote of the members elected to the Senate.
The Senate shall confirm or reject appointments within 30 session days
or 60 calendar days after they are submitted by the Governor, whichever
occurs first. Except in the case of appointments to fill vacancies,
the confirmation time period specified in this Section shall not commence
until all appointments required to be made in that year have been submitted
by the Governor.
(Source: P.A. 80-1178.)
10 ILCS 5/1A-5
(10 ILCS 5/1A-5)
(from Ch. 46, par. 1A-5)
An appointment to fill each vacancy on the
State Board of Elections shall be made pursuant to the appropriate paragraph
of Section 1A-3 in the same manner as the appointment of members for new terms.
Each appointment to fill a vacancy shall
be for the completion of the term of that position.
The Governor shall make an appointment to fill each vacancy and shall submit
it to the President of the Senate within 30 days of the occurrence of the
vacancy, or within 30 days of the submission of a list of nominees to him
pursuant to paragraph (3) of Section 1A-3, whichever is later. A nominating
state officer shall submit to the Governor his required list of nominees
to fill a vacancy within 15 days of the occurrence of the vacancy. If the
Governor does not fill a vacancy required to be filled pursuant to paragraph
(3) of Section 1A-3 within the required 30 days, the nominating state officer
shall make the appointment from among the nominees he previously
(Source: P.A. 80-1178.)
10 ILCS 5/1A-6
(10 ILCS 5/1A-6)
(from Ch. 46, par. 1A-6)
One member of the State Board of Elections shall be elected by
the members of the Board to be chairman and shall serve as chairman of
the Board for a term ending June 30, 1979. On July 1 of 1979 and on July
1 of each odd-numbered year thereafter, a chairman shall be elected by
the members of the Board for a 2 year term ending June 30 of the next
odd-numbered year. If July 1 of any odd-numbered year does not fall on a
business day, said election shall be held on the first business day
thereafter. The chairman elected for each 2 year term shall not be of
the same political party affiliation as the prior chairman. Whenever a
vacancy occurs in the office of chairman, a new chairman of the same political
party affiliation shall be
elected for the remainder of the vacating chairman's term. Whenever a
chairman is elected, the Board shall elect from among its members, a
vice chairman who shall not be of the same political party affiliation
as the chairman.
Upon the confirmation of all of the members of the State Board of Elections
initially appointed under the amendatory Act of 1978, the Governor shall
designate one of the members as interim chairman who shall preside over
the Board until a chairman is elected pursuant to this Section.
(Source: P.A. 80-1178
10 ILCS 5/1A-6.1
(10 ILCS 5/1A-6.1)
(from Ch. 46, par. 1A-6.1)
The chairman of the State Board of Elections shall preside
at all meetings of the Board, except that the vice chairman shall preside
at any meeting when the chairman is absent. The salary of the chairman
shall be $25,000 per year, or as set by the Compensation Review Board,
whichever is greater, and the salary of the vice-chairman shall be $20,000
per year, or as set by the Compensation Review Board, whichever is
greater. The salary of the other Board members
shall be $15,000 per year, or as set by the Compensation Review Board,
whichever is greater. Each member shall be reimbursed for actual expenses
incurred in the performance of his duties.
(Source: P.A. 83-1177.)
10 ILCS 5/1A-7
(10 ILCS 5/1A-7)
(from Ch. 46, par. 1A-7)
The State Board of Elections shall meet at such time or times as the
chairman or any 4 members shall direct, but at least once per month.
Five members of the Board are necessary to constitute a quorum and 5 votes
are necessary for any action of the Board
to become effective, including the appointment of the executive director, the
employment of technical consultants and the employment of other persons.
If a quorum is present at a meeting of the Board, one of the members
present may vote for the absent member pursuant to a written proxy
signed by the absent member. A member voting by proxy who is not in
attendance may not be counted towards the presence of a quorum.
(Source: P.A. 80-1178.)
10 ILCS 5/1A-8
(10 ILCS 5/1A-8)
(from Ch. 46, par. 1A-8)
The State Board of Elections shall exercise the following
powers and perform the following duties in addition to any powers or duties
otherwise provided for by law:
(1) Assume all duties and responsibilities of the
State Electoral Board and the Secretary of State as heretofore provided in this Act;
(2) Disseminate information to and consult with
election authorities concerning the conduct of elections and registration in accordance with the laws of this State and the laws of the United States;
(3) Furnish to each election authority prior to each
primary and general election and any other election it deems necessary, a manual of uniform instructions consistent with the provisions of this Act which shall be used by election authorities in the preparation of the official manual of instruction to be used by the judges of election in any such election. In preparing such manual, the State Board shall consult with representatives of the election authorities throughout the State. The State Board may provide separate portions of the uniform instructions applicable to different election jurisdictions which administer elections under different options provided by law. The State Board may by regulation require particular portions of the uniform instructions to be included in any official manual of instructions published by election authorities. Any manual of instructions published by any election authority shall be identical with the manual of uniform instructions issued by the Board, but may be adapted by the election authority to accommodate special or unusual local election problems, provided that all manuals published by election authorities must be consistent with the provisions of this Act in all respects and must receive the approval of the State Board of Elections prior to publication; provided further that if the State Board does not approve or disapprove of a proposed manual within 60 days of its submission, the manual shall be deemed approved.
(4) Prescribe and require the use of such uniform
forms, notices, and other supplies not inconsistent with the provisions of this Act as it shall deem advisable which shall be used by election authorities in the conduct of elections and registrations;
(5) Prepare and certify the form of ballot for any
proposed amendment to the Constitution of the State of Illinois, or any referendum to be submitted to the electors throughout the State or, when required to do so by law, to the voters of any area or unit of local government of the State;
(6) Require such statistical reports regarding the
conduct of elections and registration from election authorities as may be deemed necessary;
(7) Review and inspect procedures and records
relating to conduct of elections and registration as may be deemed necessary, and to report violations of election laws to the appropriate State's Attorney or the Attorney General;
(8) Recommend to the General Assembly legislation to
improve the administration of elections and registration;
(9) Adopt, amend or rescind rules and regulations in
the performance of its duties provided that all such rules and regulations must be consistent with the provisions of this Article 1A or issued pursuant to authority otherwise provided by law;
(10) Determine the validity and sufficiency of
petitions filed under Article XIV, Section 3, of the Constitution of the State of Illinois of 1970;
(11) Maintain in its principal office a research
library that includes, but is not limited to, abstracts of votes by precinct for general primary elections and general elections, current precinct maps and current precinct poll lists from all election jurisdictions within the State. The research library shall be open to the public during regular business hours. Such abstracts, maps and lists shall be preserved as permanent records and shall be available for examination and copying at a reasonable cost;
(12) Supervise the administration of the registration
and election laws throughout the State;
(13) Obtain from the Department of Central Management
Services, under Section 405-250 of the Department of Central Management Services Law (20 ILCS 405/405-250), such use of electronic data processing equipment as may be required to perform the duties of the State Board of Elections and to provide election-related information to candidates, public and party officials, interested civic organizations and the general public in a timely and efficient manner;
(14) To take such action as may be necessary or
required to give effect to directions of the national committee or State central committee of an established political party under Sections 7-8, 7-11 and 7-14.1 or such other provisions as may be applicable pertaining to the selection of delegates and alternate delegates to an established political party's national nominating conventions or, notwithstanding any candidate certification schedule contained within the Election Code, the certification of the Presidential and Vice Presidential candidate selected by the established political party's national nominating convention;
(15) To post all early voting sites separated by
election authority and hours of operation on its website at least 5 business days before the period for early voting begins; and
(16) To post on its website the statewide totals, and
totals separated by each election authority, for each of the counts received pursuant to Section 1-9.2.
The Board may by regulation delegate any of its duties or
functions under this Article, except that final determinations and orders
under this Article shall be issued only by the Board.
The requirement for reporting to the General Assembly shall be satisfied
by filing copies of the report with the Speaker, the Minority Leader and
the Clerk of the House of Representatives and the President, the Minority
Leader and the Secretary of the Senate and the Legislative Research
Unit, as required by Section 3.1 of "An Act to revise the law in relation
to the General Assembly", approved February 25, 1874, as amended, and
filing such additional copies with the State Government Report Distribution
Center for the General Assembly as is required under paragraph (t) of
Section 7 of the State Library Act.
(Source: P.A. 98-1171, eff. 6-1-15
10 ILCS 5/1A-9
(10 ILCS 5/1A-9)
(from Ch. 46, par. 1A-9)
The State Board of Elections shall appoint an executive
director and an assistant executive director. The annual compensation of the executive director and
assistant executive director shall be determined by the Board.
The executive director and assistant executive director may be removed
from office at any time by a vote of
at least 5 members of the Board. Upon any such removal a vacancy is
created which shall be filled as provided for the initial appointments.
The Board, upon the affirmative vote of a majority of its members, may
from time to time contract with technical consultants to assist it in the
performance of its duties. Such technical consultants shall be compensated
only under contracts which specify the duties to be performed and the compensation
therefor. Except as otherwise provided in this Section, contracts with
technical consultants, other than hearing officers
and attorneys representing the Board in litigation, shall terminate no more
than 60 days after the commencement of the specified duties and may be extended
once for a period of no more than 30 days upon the affirmative vote of a
majority of the Board. The time limitations imposed by this Section on
contracts with technical consultants shall not apply to a contract with a
technical consultant for the provision of electronic data processing
services in connection with the Board's performance of the duties assigned
to it pursuant to paragraph (11) of Section 1A-8 or in connection with the
Board's performance of the duties assigned to it pursuant to Sections 4-8,
5-7 and 6-35 concerning the furnishing of electronic data or compilations
containing voter registration information to state political committees
registered pursuant to the Illinois Campaign Finance Act or the Federal
Election Campaign Act. No technical consultant, other than a hearing officer
or an attorney engaged to represent the Board in litigation, may be compensated
under more than one contract in any fiscal year.
(Source: P.A. 93-1091, eff. 3-29-05.)
10 ILCS 5/1A-10
(10 ILCS 5/1A-10)
(from Ch. 46, par. 1A-10)
The State Board of Elections shall keep a full and true public record of all of
its proceedings and of all monies
received and expended. The Board shall file and preserve in its principal
office all orders and
records pertaining to its duties. The executive director shall exercise
general supervision over the operation of the business of the Board and
its equipment, facilities, employees and consultants, in accordance with
the rules and regulations of the Board and as otherwise directed by the
Board. The assistant executive director shall administer the operations
and staff of the permanent branch office of the Board.
(Source: P.A. 83-941.)
10 ILCS 5/1A-11
(10 ILCS 5/1A-11)
(from Ch. 46, par. 1A-11)
The principal office of the State Board of Elections shall be maintained
in Springfield and a permanent branch office shall be maintained in
Chicago. The permanent offices of the Board shall be kept open during the
ordinary business hours of State offices. However, on the day of any
election, or at any other time, the offices of the Board may be kept open
such additional time as the Board shall deem necessary to carry out its
(Source: P.A. 78-918.)
10 ILCS 5/1A-12
(10 ILCS 5/1A-12)
(from Ch. 46, par. 1A-12)
Board of Elections may employ, promote or discharge such additional
persons as are necessary for the proper performance of its duties under
this Code, including investigators, examiners and hearing officers.
However, persons employed by the State Board of Elections prior to January 1,
1978 and previously certified under a merit plan adopted by the Board
shall not be subject to any probationary period nor required to qualify
by examination under "The Personnel Code"
to continue in their positions. No
employee or consultant may appear before the Board in any representative
capacity within 6 months after termination of his employment or
contractual relationship with the Board.
(Source: P.A. 93-1091, eff. 3-29-05.)
10 ILCS 5/1A-13
(10 ILCS 5/1A-13)
(from Ch. 46, par. 1A-13)
No employee of the State Board of Elections including its
executive director and assistant executive director shall engage in
any partisan political activity whatsoever, except to vote at elections,
nor shall such person contribute, either financially or in services or
goods or any other way, to any political party, candidate or organization
engaged in political activity. No employee of the Board shall become a
candidate for nomination for, or election to, or accept appointment to any
public office. Whoever violates any provision of this Section shall
be deemed to have vacated his position and shall be discharged. No such
person shall be thereafter rehired unless the State Civil Service Commission,
upon appeal, finds that this Section has not been violated by such person.
(Source: P.A. 83-941.)
10 ILCS 5/1A-14
(10 ILCS 5/1A-14)
(from Ch. 46, par. 1A-14)
No member of the State Board of Elections may become a candidate
for nomination for, or election to,
or accept appointment to or hold any other remunerative public office or public
employment or any office in a political party. Violation of any prohibition
in this Section shall disqualify a member of the Board and a
vacancy is thereby created. A vacancy also exists upon the occurrence of
any of the events enumerated in Section 25-2 of this Act as in the case
of an elective office.
(Source: P.A. 80-1178.)
10 ILCS 5/1A-15
(10 ILCS 5/1A-15)
(from Ch. 46, par. 1A-15)
On the request of the Department of Healthcare and Family Services,
the State Board of Elections shall provide the Department with tapes,
discs, other electronic data or compilations thereof which only provide the
name, address and, when available, the Social Security number of registered
voters for the purpose of tracing absent parents and the collection of
child support. Such information shall be provided at reasonable cost,
which shall include the cost of duplication plus 15% for administration.
The confidentiality of all information contained on such tapes, discs and
other electronic data or combination thereof shall be protected as provided
in Section 11-9 of "The Illinois Public Aid Code".
(Source: P.A. 95-331, eff. 8-21-07.)