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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/Art. 1
(10 ILCS 5/Art. 1 heading)
ARTICLE 1.
GENERAL PROVISIONS
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10 ILCS 5/1-1
(10 ILCS 5/1-1) (from Ch. 46, par. 1-1)
Sec. 1-1.
This Act may be cited as the Election Code.
This Act is the
general election law of Illinois and
any reference in any other Act to "the general election law" or "the
general election law of this State" is a reference to this Act, as now or
hereafter amended.
(Source: P.A. 86-1475.)
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10 ILCS 5/1-2
(10 ILCS 5/1-2) (from Ch. 46, par. 1-2)
Sec. 1-2.
The provisions of this Act, so far as they are the same as those
of any prior statute, shall be construed as a continuation of such prior
provisions, and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a section of such an Act, which is continued in this election
Code, such reference shall be held to refer to the Act or section thereof
so continued in this Code.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/1-3
(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
Sec. 1-3. As used in this Act, unless the context otherwise requires:
1. "Election" includes the submission of all questions of public
policy, propositions, and all measures submitted to popular vote, and
includes primary elections when so indicated by the context.
2. "Regular election" means the general, general primary,
consolidated and consolidated primary elections regularly scheduled in Article
2A. The even numbered year municipal primary established in Article 2A is
a regular election only with respect to those municipalities in which a
primary is required to be held on such date.
3. "Special election" means an election not regularly recurring at fixed
intervals, irrespective of whether it is held at the same time and place and by
the same election officers as a regular election.
4. "General election" means the biennial election at which members of
the General Assembly are elected. "General primary election", "consolidated election" and "consolidated primary election" mean
the respective elections or the election dates designated and established
in Article 2A of this Code.
5. "Municipal election" means an election or primary, either regular
or special, in cities, villages, and incorporated towns; and "municipality"
means any such city, village or incorporated town.
6. "Political or governmental subdivision" means any unit of local
government, or school district in which elections are or may be held.
"Political or governmental subdivision" also includes, for election purposes,
Regional Boards of School Trustees, and Township Boards of School Trustees.
7. The word "township" and the word "town" shall apply
interchangeably to the type of governmental organization established in
accordance with the provisions of the Township Code. The term
"incorporated town" shall mean a municipality referred to as an
incorporated town in the Illinois Municipal Code, as now or hereafter
amended.
8. "Election authority" means a county clerk or a Board of Election
Commissioners.
9. "Election Jurisdiction" means (a) an entire county, in the case of
a county in which no city board of election commissioners is located or
which is under the jurisdiction of a county board of election commissioners;
(b) the territorial jurisdiction of a city board of election commissioners;
and (c) the territory in a county outside of the jurisdiction of a city
board of election commissioners. In each instance election jurisdiction
shall be determined according to which election authority maintains the
permanent registration records of qualified electors.
10. "Local election official" means the clerk or secretary of a unit
of local government or school district, as the case may be, the treasurer
of a township board of school trustees, and the regional superintendent
of schools with respect to the various school officer elections and school
referenda for which the regional superintendent is assigned election duties
by The School Code, as now or hereafter amended.
11. "Judges of election", "primary judges" and similar terms, as
applied to cases where there are 2 sets of judges, when used in
connection with duties at an election during the hours the polls are
open, refer to the team of judges of election on duty during such hours;
and, when used with reference to duties after the closing of the polls,
refer to the team of tally judges designated to count the vote after the
closing of the polls and the holdover judges designated pursuant to
Section 13-6.2 or 14-5.2. In such case, where, after the closing of the
polls, any act is required to be performed by each of the judges of
election, it shall be performed by each of the tally judges and by each
of the holdover judges.
12. "Petition" of candidacy as used in Sections 7-10 and 7-10.1
shall consist of a statement of candidacy, candidate's statement
containing oath, and sheets containing signatures of qualified primary
electors bound together.
13. "Election district" and "precinct", when used with reference to
a 30-day residence requirement, means the smallest constituent territory
in which electors vote as a unit at the same polling place in any
election governed by this Act.
14. "District" means any area which votes as a unit for the election of
any officer, other than the State or a unit of local government or school
district, and includes, but is not limited to, legislative, congressional
and judicial districts, judicial circuits, county board districts,
municipal and sanitary district wards, school board districts, and precincts.
15. "Question of public policy" or "public question"
means any question, proposition or measure submitted to the voters at an
election dealing with subject matter other than the nomination or election
of candidates and shall include, but is not limited to, any bond or tax
referendum, and questions relating to the Constitution.
16. "Ordinance providing the form of government of a municipality
or county pursuant to Article VII of the Constitution" includes ordinances,
resolutions and petitions adopted by referendum which provide for the form
of government, the officers or the manner of selection or terms of office
of officers of such municipality or county, pursuant to the provisions of
Sections 4, 6 or 7 of Article VII of the Constitution.
17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, 6-60, and 6-66
shall include a computer tape or computer disc or other electronic data
processing information containing voter information.
18. "Accessible" means accessible to handicapped and elderly
individuals for the purpose of voting or registration, as determined by
rule of the State Board of Elections.
19. "Elderly" means 65 years of age or older.
20. "Handicapped" means having a temporary or permanent physical disability.
21. "Leading political party" means one of the two political parties
whose candidates for governor at the most recent three gubernatorial
elections received either the highest or second highest average number of
votes. The political party whose candidates for governor received the
highest average number of votes shall be known as the first leading
political party and the political party whose candidates for governor
received the second highest average number of votes shall be known as the
second leading political party.
22. "Business day" means any day in which the office of an election
authority, local election official or the State Board of Elections is open
to the public for a minimum of 7 hours.
23. "Homeless individual" means any person who has a nontraditional
residence, including, but not limited to, a shelter, day shelter, park
bench, street corner, or space under a bridge.
(Source: P.A. 96-1000, eff. 7-2-10.)
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10 ILCS 5/1-4
(10 ILCS 5/1-4) (from Ch. 46, par. 1-4)
Sec. 1-4.
(a) In any case in which this Act prescribes a period of time within
which petitions for nomination must be filed, the office in which
petitions must be filed shall remain open for the receipt of such
petitions until 5:00 P.M. on the last day of the filing period.
(b) For the 2013 consolidated election period, an election authority or local election official shall accept until 104 days before the election at which candidates are to be on the ballot any petitions for nomination or certificate of nomination required by this Code to be filed no earlier than 113 and no later than 106 days before the consolidated election. Notwithstanding any other provision of this Code, for purposes of this subsection (b) only, signatures and circulator statements on petitions for nomination filed with an election authority or local election official on the final day for filing petitions for nomination shall not be deemed invalid for the sole reason that the petitions were circulated between 90 and 92 days before the last day for filing petitions. (Source: P.A. 97-1134, eff. 12-3-12.)
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10 ILCS 5/1-5
(10 ILCS 5/1-5) (from Ch. 46, par. 1-5)
Sec. 1-5.
(Repealed).
(Source: P.A. 86-873. Repealed by P.A. 89-653, eff. 8-14-96.)
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10 ILCS 5/1-6
(10 ILCS 5/1-6)
Sec. 1-6.
Computing dates of various acts; Saturday, Sunday, and holidays.
(a) If the first or last day fixed by law to do any act required or
allowed by this Code falls on a State holiday or a Saturday or a Sunday, the
period shall extend through the first business day next
following the day
otherwise fixed as the first or last day,
irrespective of whether any election authority or local election official
conducts business on the State holiday, Saturday, or Sunday.
(b) For the purposes of this Section, "State holiday" means New Year's
Day, Dr. Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, President's
Day, Casimir Pulaski's Birthday, Good Friday, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and
any other day from time to time declared by the President of the United States
or the Governor of Illinois to be a day during which the agencies of the State
of Illinois that are ordinarily open to do business with the public shall be
closed for business.
(c) Notwithstanding any other provision of this Code, nominating
papers, petitions of objection to nominating papers, certificates of withdrawal
of candidacy, and reports of political committees actually received by election
authorities and local election officials on a State holiday, a Saturday, or a
Sunday shall not be deemed invalid or defective for that reason alone.
(Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)
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10 ILCS 5/1-7
(10 ILCS 5/1-7)
Sec. 1-7.
No straight party voting.
Notwithstanding any provision of law
to the contrary, straight party voting by a single vote is not permitted in
Illinois.
(Source: P.A. 89-700, eff. 1-17-97.)
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10 ILCS 5/1-8 (10 ILCS 5/1-8) Sec. 1-8. Canvassing boards abolished. Notwithstanding
any other provision of this Code, local canvassing boards are
abolished. In this Code or any other law a reference to a
local or county canvassing board means (i) for elections in
which the political subdivision that is choosing
candidates or submitting a public question is located
entirely within the jurisdiction of a single election
authority, that election authority and (ii) for elections for offices and public questions not listed in Section 22-1 of this Code in
which the political subdivision that is choosing candidates
or submitting a public question is located within the
jurisdiction of 2 or more election authorities, the election
authority having jurisdiction over the location at which the
political subdivision has its principal office.
(Source: P.A. 94-647, eff. 1-1-06.)|
10 ILCS 5/1-9 (10 ILCS 5/1-9)
Sec. 1-9. Central counting of grace period, early, absentee, and provisional ballots. Notwithstanding any statutory provision to the contrary enacted before the effective date of this amendatory Act of the 94th General Assembly, all grace period ballots, early voting ballots, absentee ballots, and provisional ballots to be counted shall be delivered to and counted at an election authority's central ballot counting location and not in precincts. References in this Code enacted before the effective date of this amendatory Act of the 94th General Assembly to delivery and counting of grace period ballots, early voting ballots, absentee ballots, or provisional ballots to or at a precinct polling place or to the proper polling place shall be construed as references to delivery and counting of those ballots to and at the election authority's central ballot counting location.
(Source: P.A. 94-1000, eff. 7-3-06.)|
10 ILCS 5/1-10
(10 ILCS 5/1-10)
Sec. 1-10.
Public comment.
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 of the disabled community, including but not
limited to organizations of the blind.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/1-11 (10 ILCS 5/1-11) (Section scheduled to be repealed on May 31, 2013) Sec. 1-11. Public university voting. For the 2012 general election, each appropriate election authority shall, in addition to the early voting conducted at locations otherwise required by law, conduct early voting in a high traffic location on the campus of a public university within the election authority's jurisdiction. For the purposes of this Section, "public university" means the University of Illinois at its campuses in Urbana-Champaign and Springfield, Southern Illinois University at its campuses in Carbondale and Edwardsville, Eastern Illinois University, Illinois State University, Northern Illinois University, and Western Illinois University at its campuses in Macomb and Moline. The voting required by this Section to be conducted on campus must be conducted as otherwise required by Article 19A of this Code. 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 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 under this Section to registered voters in precincts where the public university is located and precincts bordering the university. Each public university shall make the space available in a high traffic area for, and cooperate and coordinate with the appropriate election authority in, the implementation of this Section. This Section is repealed on May 31, 2013.
(Source: P.A. 97-766, eff. 7-6-12.)|
10 ILCS 5/1-15 (10 ILCS 5/1-15) Sec. 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) Sec. 1-20. (Repealed).
(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)
ARTICLE 1A.
STATE BOARD OF ELECTIONS
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10 ILCS 5/1A-1
(10 ILCS 5/1A-1) (from Ch. 46, par. 1A-1)
Sec. 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.)
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10 ILCS 5/1A-2
(10 ILCS 5/1A-2) (from Ch. 46, par. 1A-2)
Sec. 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.)
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10 ILCS 5/1A-2.1
(10 ILCS 5/1A-2.1) (from Ch. 46, par. 1A-2.1)
Sec. 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
appointment.
(Source: P.A. 78-918.)
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10 ILCS 5/1A-3
(10 ILCS 5/1A-3) (from Ch. 46, par. 1A-3)
Sec. 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.)
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10 ILCS 5/1A-3.1
(10 ILCS 5/1A-3.1) (from Ch. 46, par. 1A-3.1)
Sec. 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.)
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10 ILCS 5/1A-4
(10 ILCS 5/1A-4) (from Ch. 46, par. 1A-4)
Sec. 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.)
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10 ILCS 5/1A-5
(10 ILCS 5/1A-5) (from Ch. 46, par. 1A-5)
Sec. 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
submitted.
(Source: P.A. 80-1178.)
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10 ILCS 5/1A-6
(10 ILCS 5/1A-6) (from Ch. 46, par. 1A-6)
Sec. 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.)
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10 ILCS 5/1A-6.1
(10 ILCS 5/1A-6.1) (from Ch. 46, par. 1A-6.1)
Sec. 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.)
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10 ILCS 5/1A-7
(10 ILCS 5/1A-7) (from Ch. 46, par. 1A-7)
Sec. 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.)
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10 ILCS 5/1A-8
(10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
Sec. 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;
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(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;
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(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.
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(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;
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(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;
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(6) Require such statistical reports regarding the
| | conduct of elections and registration from election authorities as may be deemed necessary;
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(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;
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(8) Recommend to the General Assembly legislation to
| | improve the administration of elections and registration;
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(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;
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(10) Determine the validity and sufficiency of
| | petitions filed under Article XIV, Section 3, of the Constitution of the State of Illinois of 1970;
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(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;
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(12) Supervise the administration of the registration
| | and election laws throughout the State;
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(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; and
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(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.
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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. 95-6, eff. 6-20-07; 95-699, eff. 11-9-07.)
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10 ILCS 5/1A-9
(10 ILCS 5/1A-9) (from Ch. 46, par. 1A-9)
Sec. 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.)
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10 ILCS 5/1A-10
(10 ILCS 5/1A-10) (from Ch. 46, par. 1A-10)
Sec. 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.)
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10 ILCS 5/1A-11
(10 ILCS 5/1A-11) (from Ch. 46, par. 1A-11)
Sec. 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
duties.
(Source: P.A. 78-918.)
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10 ILCS 5/1A-12
(10 ILCS 5/1A-12) (from Ch. 46, par. 1A-12)
Sec. 1A-12. The State
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.)
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10 ILCS 5/1A-13
(10 ILCS 5/1A-13) (from Ch. 46, par. 1A-13)
Sec. 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.)
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10 ILCS 5/1A-14
(10 ILCS 5/1A-14) (from Ch. 46, par. 1A-14)
Sec. 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.)
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10 ILCS 5/1A-15
(10 ILCS 5/1A-15) (from Ch. 46, par. 1A-15)
Sec. 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.)
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10 ILCS 5/1A-16
(10 ILCS 5/1A-16)
Sec. 1A-16. Voter registration information; internet posting; processing
of voter registration forms; content of such forms. Notwithstanding any law to
the contrary, the following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of voter registration
form. Within 90 days after the effective date of this amendatory Act of the
93rd
General Assembly, the State Board of Elections shall post on its World Wide Web
site the following information:
(1) A comprehensive list of the names, addresses, |
| phone numbers, and websites, if applicable, of all county clerks and boards of election commissioners in Illinois.
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(2) A schedule of upcoming elections and the deadline
| |
(3) A downloadable, printable voter registration
| | form, in at least English and in Spanish versions, that a person may complete and mail or submit to the State Board of Elections or the appropriate county clerk or board of election commissioners.
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Any forms described under paragraph (3) must state the following:
If you do not have a driver's license or social
| | security number, and this form is submitted by mail, and you have never registered to vote in the jurisdiction you are now registering in, then you must send, with this application, either (i) a copy of a current and valid photo identification, or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. If you do not provide the information required above, then you will be required to provide election officials with either (i) or (ii) described above the first time you vote at a voting place or by absentee ballot.
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(b) Acceptance of registration forms by the State Board of Elections and
county clerks and board of election commissioners. The
State Board of Elections, county clerks, and board of election commissioners
shall accept all completed voter registration forms
described in subsection (a)(3) of this Section and Sections 1A-17 and 1A-30 that are:
(1) postmarked on or before the day that voter
| | registration is closed under the Election Code;
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|
(2) not postmarked, but arrives no later than 5 days
| | after the close of registration;
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(3) submitted in person by a person using the form on
| | or before the day that voter registration is closed under the Election Code; or
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(4) submitted in person by a person who submits one
| | or more forms on behalf of one or more persons who used the form on or before the day that voter registration is closed under the Election Code.
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Upon the receipt of a registration form, the State Board of Elections shall
mark
the date on which the form was received
and send the form via first class mail to the appropriate county clerk or board
of
election commissioners, as the case may be, within 2 business days based upon
the home address of the person submitting the registration form. The county
clerk and board of election commissioners shall accept and process any form
received from the State Board of Elections.
(c) Processing of registration forms by county clerks and boards of election
commissioners. The county clerk or board of election commissioners shall
promulgate procedures for processing the voter registration form.
(d) Contents of the voter registration form. The State Board shall create
a voter registration form, which must contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to
| |
(3) Instructions for mailing in or submitting the
| |
(4) The phone number for the State Board of Elections
| | should a person submitting the form have questions.
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(5) A box for the person to check that explains one
| | of 3 reasons for submitting the form:
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(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that
| | asks, "Are you a citizen of the United States?", a box for the person to check yes or no that asks, "Will you be 18 years of age on or before election day?", and a statement of "If you checked 'no' in response to either of these questions, then do not complete this form.".
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(7) A space for the person to fill in his or her home
| |
(8) Spaces for the person to fill in his or her
| | first, middle, and last names, street address (principal place of residence), county, city, state, and zip code.
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(9) Spaces for the person to fill in his or her
| | mailing address, city, state, and zip code if different from his or her principal place of residence.
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(10) A space for the person to fill in his or her
| | Illinois driver's license number if the person has a driver's license.
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(11) A space for a person without a driver's license
| | to fill in the last four digits of his or her social security number if the person has a social security number.
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(12) A space for a person without an Illinois
| | driver's license to fill in his or her identification number from his or her State Identification card issued by the Secretary of State.
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(13) A space for the person to fill the name
| | appearing on his or her last voter registration, the street address of his or her last registration, including the city, county, state, and zip code.
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(14) A space where the person swears or affirms the
| | following under penalty of perjury with his or her signature:
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(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or before
| |
(c) "I will have lived in the State of Illinois
| | and in my election precinct at least 30 days as of the date of the next election."; and
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"The information I have provided is true to the
| | best of my knowledge under penalty of perjury. If I have provided false information, then I may be fined, imprisoned, or if I am not a U.S. citizen, deported from or refused entry into the United States."
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(d-5) Compliance with federal law; rulemaking authority. The voter
registration
form described in this Section shall be consistent with the form prescribed by
the
Federal
Election Commission under the National Voter Registration Act of 1993,
P.L. 103-31, as amended from time to time, and the Help America Vote Act of
2002, P.L. 107-252, in all relevant respects. The State Board of Elections
shall periodically update the form based on changes to federal or State law.
The State Board of Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules
comport with the letter and spirit of the National Voter Registration Act of
1993 and Help America Vote Act of 2002 and maximize the opportunity for a
person to register to vote.
(e) Forms available in paper form. The State Board of Elections shall make
the voter registration form available in regular paper stock and form in
sufficient quantities for the general public. The State Board of Elections may
provide the voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies of the State of
Illinois, and any other person or entity designated to have these forms by the
Election Code in regular paper stock and form or some other format deemed
suitable by the Board. Each county clerk or board of election commissioners has
the authority to design and print its own voter registration form so long as
the form complies with the requirements of this Section. The State Board
of Elections, county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have these forms under
the Election Code shall provide a member of the public with any reasonable
number of forms
that he or she may request. Nothing in this Section shall permit the State
Board of
Elections, county clerk, board of election commissioners, or other appropriate
election official who may accept a voter registration form to refuse to accept
a voter registration form because the form is printed on photocopier or regular
paper
stock and form.
(f) Internet voter registration study. The State Board of Elections shall
investigate the feasibility of offering voter registration on its website and
consider voter registration methods of other states in an effort to maximize
the opportunity for all Illinois citizens to register to vote. The State Board
of Elections shall assemble its findings in a report and submit it to the
General Assembly no later than January 1, 2006. The report shall contain
legislative recommendations to the General Assembly on improving voter
registration in Illinois.
(Source: P.A. 94-492, eff. 1-1-06; 94-645, eff. 8-22-05; 95-331, eff. 8-21-07.)
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10 ILCS 5/1A-17 (10 ILCS 5/1A-17)
Sec. 1A-17. Voter registration outreach. (a) The Secretary of State, the Department of Human Services, the Department of Children and Family Services, the Department of Public Aid, the Department of Employment Security, and each public institution of higher learning in Illinois must make available on its World Wide Web site a downloadable, printable voter registration form that complies with the requirements in subsection (d) of Section 1A-16 for the State Board of Elections' voter registration form. (b) Each public institution of higher learning in Illinois must include voter registration information and a voter registration form supplied by the State Board of Elections under subsection (e) of Section 1A-16 in any mailing of student registration materials to an address located in Illinois. Each public institution of higher learning must provide voter registration information and a voter registration form supplied by the State Board of Elections under subsection (e) of Section 1A-16 to each person with whom the institution conducts in-person student registration. (c) As used in this Section, a public institution of higher learning means a public university, college, or community college in Illinois.
(Source: P.A. 94-645, eff. 8-22-05; incorporates P.A. 94-492, eff. 1-1-06; 95-331, eff. 8-21-07.)|
10 ILCS 5/1A-18 (10 ILCS 5/1A-18)
Sec. 1A-18. Voter registration applications; General Assembly district offices. Each member of the General Assembly, and his or her State employees (as defined in Section 1-5 of the State Officials and Employees Ethics Act) authorized by the member, may make available voter registration forms supplied by the State Board of Elections under subsection (e) of Section 1A-16 to the public and may undertake that and other voter registration activities at the member's district office, during regular business hours or otherwise, in a manner determined by the member.
(Source: P.A. 94-645, eff. 8-22-05.)|
10 ILCS 5/1A-19 (10 ILCS 5/1A-19)
Sec. 1A-19. Effect of extension of canvassing period on terms of public offices and official acts. (a) Notwithstanding any law to the contrary, if the proclamation of election results for an elected office has not been issued by the date of the commencement of the term of that elected office because of the extension of canvassing periods under this amendatory Act of the 93rd General Assembly, then the term of the elected office shall commence on a date 14 days after the proclamation of election results is issued for that elected office. (b) If subsection (a) applies to the commencement date of an elected official's term, and if the elected official is authorized or required by law to perform an official act by a date occurring before the commencement of his or her term of office, including but not limited to holding an organizational meeting of the public body to which the public official is elected, then notwithstanding any law to the contrary the date by which the act shall be performed shall be a date 14 days after the date otherwise established by law. (c) Notwithstanding any other provision of this Section or of this Code to the contrary, the terms of office for Supreme, Appellate, and Circuit Judges commence on the first Monday in December following their election or retention. Judicial election results must be proclaimed before that date.
(Source: P.A. 93-847, eff. 7-30-04.)|
10 ILCS 5/1A-20
(10 ILCS 5/1A-20)
Sec. 1A-20.
Help Illinois Vote Fund.
The Help Illinois Vote Fund is created
as a
special fund in the State treasury. All federal funds received by the State
for the
implementation of the federal Help America Vote Act of 2002 shall be deposited
into the Help Illinois Vote Fund. Moneys from any other source may be deposited
into the Help Illinois Vote Fund. The Help Illinois Vote Fund shall be
appropriated solely to the State Board of Elections for use only in the
performance
of activities and programs authorized or mandated by or in accordance with the
federal Help America Vote Act of 2002.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/1A-25 (10 ILCS 5/1A-25) Sec. 1A-25. Centralized statewide voter registration list. The centralized statewide voter registration list required by Title III, Subtitle A, Section 303 of the Help America Vote Act of 2002 shall be created and maintained by the State Board of Elections as provided in this Section. (1) The centralized statewide voter registration list |
| shall be compiled from the voter registration data bases of each election authority in this State.
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| (2) All new voter registration forms and applications
| | to register to vote, including those reviewed by the Secretary of State at a driver services facility, shall be transmitted only to the appropriate election authority as required by Articles 4, 5, and 6 of this Code and not to the State Board of Elections. The election authority shall process and verify each voter registration form and electronically enter verified registrations on an expedited basis onto the statewide voter registration list. All original registration cards shall remain permanently in the office of the election authority as required by this Code.
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| (3) The centralized statewide voter registration list
| | (i) Be designed to allow election authorities to
| | utilize the registration data on the statewide voter registration list pertinent to voters registered in their election jurisdiction on locally maintained software programs that are unique to each jurisdiction.
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| (ii) Allow each election authority to perform
| | essential election management functions, including but not limited to production of voter lists, processing of absentee voters, production of individual, pre-printed applications to vote, administration of election judges, and polling place administration, but shall not prevent any election authority from using information from that election authority's own systems.
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| (4) The registration information maintained by each
| | election authority shall be synchronized with that authority's information on the statewide list at least once every 24 hours.
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| To protect the privacy and confidentiality of voter registration information, the disclosure of any portion of the centralized statewide voter registration list to any person or entity other than to a State or local political committee and other than to a governmental entity for a governmental purpose is specifically prohibited except as follows: subject to security measures adopted by the State Board of Elections which, at a minimum, shall include the keeping of a catalog or database, available for public view, including the name, address, and telephone number of the person viewing the list as well as the time of that viewing, any person may view the list on a computer screen at the Springfield office of the State Board of Elections, during normal business hours other than during the 27 days before an election, but the person viewing the list under this exception may not print, duplicate, transmit, or alter the list.
(Source: P.A. 94-136, eff. 7-7-05; 94-645, eff. 8-22-05; 95-331, eff. 8-21-07.)
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10 ILCS 5/1A-30
(10 ILCS 5/1A-30)
Sec. 1A-30. (Repealed).
(Source: P.A. 94-492, eff. 1-1-06. Repealed by P.A. 95-331, eff. 8-21-07.)
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10 ILCS 5/1A-35 (10 ILCS 5/1A-35)
Sec. 1A-35. Early and grace period voting education. Subject to appropriation, the State Board of Elections must develop and implement an educational program to inform the public about early voting and grace period voting. The State Board shall conduct the program beginning August 1, 2006, and until the 2006 general election.
(Source: P.A. 94-1000, eff. 7-3-06.)|
10 ILCS 5/1A-40 (10 ILCS 5/1A-40) Sec. 1A-40. (Repealed).
(Source: P.A. 95-441, eff. 8-27-07. Repealed internally, eff. 1-1-09.)|
10 ILCS 5/Art. 2A
(10 ILCS 5/Art. 2A heading)
ARTICLE 2A.
TIME OF HOLDING ELECTIONS
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10 ILCS 5/2A-1
(10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)
(Text of Section WITH the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-1.
All Elections - Governed by this Code - Construction of
Article 2A.
(a) No public question may be submitted to any voters in this State, nor
may any person be nominated for public office or elected to public or
political party office in this State except pursuant to this Code,
notwithstanding the provisions of any other statute or municipal charter.
However, this Code shall not apply to elections for officers or public
questions of local school councils established pursuant to Chapter 34 of
the School Code, soil and water conservation districts or drainage
districts, except as specifically made applicable by another statute.
(b) All elections in this State shall be held in accordance with the
consolidated schedule of elections established in Sections 2A-1.1 and
2A-1.2. No election may be held on any date other than a date on which
an election is scheduled under Section 2A-1.1, except special elections
to fill congressional vacancies held pursuant to writs of election
issued by the Governor, judicial elections to fill vacancies in the office of
Supreme Court Judge held pursuant to writs of election issued by the
Governor under subsection (a-5) of Section 2A-9, township referenda and votes
of the town electors
held at the annual town meeting, emergency referenda approved pursuant to
Section 2A-1.4, special elections held between January 1, 1995 and July 1,
1995 under Section 34-53 of the School Code, and city, village or
incorporated town primary elections in
even-numbered years expressly authorized in this Article to provide for
annual partisan elections.
(c) At the respective elections established in Section 2A-1.1,
candidates shall be elected to office, nominated for election thereto or
placed on the ballot as otherwise required by this Code, and public
questions may be submitted, as specified in Section 2A-1.2.
(d) If the requirements of Section 2A-1.2 conflict with any specific
provision of Sections 2A-2 through 2A-54, as applied to any office or
election, the requirements of Section 2A-1.2 prevail, and shall be
enforced by the State Board of Elections.
(e) In the event any court of competent jurisdiction declares an
election void, the court may order another election without regard to
the schedule of elections set forth in this Article.
(Source: P.A. 89-719, eff. 3-7-97.)
(Text of Section WITHOUT the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-1.
All Elections - Governed by this Code - Construction of
Article 2A.
(a) No public question may be submitted to any voters in this State, nor
may any person be nominated for public office or elected to public or
political party office in this State except pursuant to this Code,
notwithstanding the provisions of any other statute or municipal charter.
However, this Code shall not apply to elections for officers or public
questions of local school councils established pursuant to Chapter 34 of
the School Code, soil and water conservation districts or drainage
districts, except as specifically made applicable by another statute.
(b) All elections in this State shall be held in accordance with the
consolidated schedule of elections established in Sections 2A-1.1 and
2A-1.2. No election may be held on any date other than a date on which
an election is scheduled under Section 2A-1.1, except special elections
to fill congressional vacancies held pursuant to writs of election
issued by the Governor, township referenda and votes of the town electors
held at the annual town meeting, emergency referenda approved pursuant to
Section 2A-1.4, special elections held between January 1, 1995 and July 1,
1995 under Section 34-53 of the School Code, and city, village or incorporated
town primary elections in even-numbered years expressly authorized in this
Article to provide for annual partisan elections.
(c) At the respective elections established in Section 2A-1.1,
candidates shall be elected to office, nominated for election thereto or
placed on the ballot as otherwise required by this Code, and public
questions may be submitted, as specified in Section 2A-1.2.
(d) If the requirements of Section 2A-1.2 conflict with any specific
provision of Sections 2A-2 through 2A-54, as applied to any office or
election, the requirements of Section 2A-1.2 prevail, and shall be
enforced by the State Board of Elections.
(e) In the event any court of competent jurisdiction declares an
election void, the court may order another election without regard to
the schedule of elections set forth in this Article.
(Source: P.A. 88-511.)
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10 ILCS 5/2A-1.1
(10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
Sec. 2A-1.1. All Elections - Consolidated Schedule. (a) In
even-numbered years, the general election shall be held on the first
Tuesday after the first Monday of November; and an election to be known
as the general primary election shall be held on the third Tuesday in March;
(b) In odd-numbered years, an election to be known as the
consolidated election shall be held on the first Tuesday in April except
as provided in Section 2A-1.1a of this Act; and
an election to be known as the consolidated primary election shall be
held on the last Tuesday in February.
(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
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10 ILCS 5/2A-1.1a
(10 ILCS 5/2A-1.1a) (from Ch. 46, par. 2A-1.1a)
Sec. 2A-1.1a.
Whenever the date designated in paragraph (b) of Section
2A-1.1 for the consolidated election conflicts with the celebration of Passover,
that election shall be postponed to the first Tuesday following the last
day of Passover.
(Source: P.A. 82-1014.)
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10 ILCS 5/2A-1.2
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2.
Consolidated Schedule of Elections - Offices Designated.
(a) At the general election in the appropriate even-numbered years, the
following offices shall be filled or shall be on the ballot as otherwise
required by this Code:
(1) Elector of President and Vice President of the |
|
(2) United States Senator and United States
| |
(3) State Executive Branch elected officers;
(4) State Senator and State Representative;
(5) County elected officers, including State's
| | Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive;
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(6) Circuit Court Clerk;
(7) Regional Superintendent of Schools, except in
| | counties or educational service regions in which that office has been abolished;
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(8) Judges of the Supreme, Appellate and Circuit
| | Courts, on the question of retention, to fill vacancies and newly created judicial offices;
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(9) (Blank);
(10) Trustee of the Metropolitan Sanitary District of
| | Chicago, and elected Trustee of other Sanitary Districts;
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(11) Special District elected officers, not otherwise
| | designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties.
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(b) At the general primary election:
(1) in each even-numbered year candidates of
| | political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.
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(2) in the appropriate even-numbered years the
| | political party offices of State central committeeman, township committeeman, ward committeeman, and precinct committeeman shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.
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(3) in each even-numbered year, where the
| | municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.
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(4) in each school district which has adopted the
| | provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.
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(c) At the consolidated election in the appropriate odd-numbered years,
the following offices shall be filled:
(1) Municipal officers, provided that in
| | municipalities in which candidates for alderman or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;
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(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
| | designated in this section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;
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(7) Township officers, including township park
| | commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;
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(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts
| | which adopt Article 33 of the School Code;
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(10) The directors and chairman of the Chain O Lakes
| | - Fox River Waterway Management Agency;
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(11) Forest preserve district commissioners elected
| | under Section 3.5 of the Downstate Forest Preserve District Act;
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(12) Elected members of school boards, school
| | trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code;
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(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
| | Exposition and Auditorium Authority;
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(16) Elected Trustees of Tuberculosis Sanitarium
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(17) Elected Officers of special districts not
| | otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.
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(d) At the consolidated primary election in each odd-numbered year,
candidates of political parties shall be nominated for those offices to be
filled at the consolidated election in that year, except where pursuant to
law nomination of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of subsection
(c).
At the consolidated primary election in the appropriate odd-numbered years,
the mayor, clerk, treasurer, and aldermen shall be elected in
municipalities in which
candidates for mayor, clerk, treasurer, or alderman are not permitted by
law to be candidates
of political parties, subject to runoff elections to be held at the
consolidated election as may be required
by law, and municipal officers shall be nominated in a nonpartisan election
in municipalities in which pursuant to law candidates for such office are
not permitted to be candidates of political parties.
At the consolidated primary election in the appropriate odd-numbered years,
municipal officers shall be nominated or elected, or elected subject to
a runoff, as may be provided by an ordinance providing a form of government
of the municipality pursuant to Section 7 of Article VII of the Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public questions may
be submitted to voters pursuant to this Code and any special election
otherwise required or authorized by law or by court order may be conducted
pursuant to this Code.
Notwithstanding the regular dates for election of officers established
in this Article, whenever a referendum is held for the establishment of
a political subdivision whose officers are to be elected, the initial officers
shall be elected at the election at which such referendum is held if otherwise
so provided by law. In such cases, the election of the initial officers
shall be subject to the referendum.
Notwithstanding the regular dates for election of officials established
in this Article, any community college district which becomes effective by
operation of law pursuant to Section 6-6.1 of the Public Community College
Act, as now or hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the effective
date of the new district.
(g) At any election established in Section 2A-1.1, if in any precinct
there are no offices or public questions required to be on the ballot under
this Code then no election shall be held in the precinct on that date.
(h) There may be conducted a
referendum in accordance with the provisions of Division 6-4 of the
Counties Code.
(Source: P.A. 89-5, eff. 1-1-96; 89-95,
eff. 1-1-96; 89-626, eff. 8-9-96; 90-358, eff. 1-1-98.)
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10 ILCS 5/2A-1.3
(10 ILCS 5/2A-1.3) (from Ch. 46, par. 2A-1.3)
Sec. 2A-1.3.
Calendar of Elections - Determination and Publication -
State Board. On December 1, 1980 and on December 1 of each even-numbered year
the State Board of Elections shall have prepared and published an official
State calendar of elections listing the elections to be held during that
year and the following year, the election dates, and the offices to be on
the ballot at each such election and any functional dates or other information
relevant to the conduct of elections. The official calendar shall include
all offices in the State.
The official State Calendar shall comply with the schedule of
elections established in this Article 2A. The official calendar may be
amended from time to time by the Board by adoption and publication of
modifications or additions or by adoption and publication of a revised
official calendar.
On December 1, 1981 and each odd-numbered year thereafter the Board shall
have prepared and published
a revised official calendar if any modifications or additions
were made by separate publication after the initial adoption of the
official calendar for that biennium.
(Source: P.A. 81-929.)
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10 ILCS 5/2A-1.4
(10 ILCS 5/2A-1.4) (from Ch. 46, par. 2A-1.4)
Sec. 2A-1.4.
Emergency Referenda - Petition - Approval.
Whenever any
public question is to be submitted pursuant to law, whether by action of
the governing body of a unit of local government or school district, by
petition, or by court order, the governing body of the unit of local
government or school district whose powers or duties are directly
affected by the result of the vote on the public question may petition
the circuit court for an order declaring such proposition to be an
emergency and fixing a date other than a regularly scheduled election
date under Section 2A-1.1 on which a special referendum election shall
be held for the submission of the public question.
The petition shall set forth the public question and the action taken
which requires the submission of the question, the next regularly
scheduled election under Section 2A-1.1 at which the proposition could
otherwise be placed on the ballot, the estimated costs of conducting a
separate special election, and the reasons why an emergency exists to
justify such special election prior to the next ensuing regular
election. The petition must be approved by a majority of the members,
elected or appointed, of the governing body.
The court shall conduct a hearing on the petition. Any resident of
the area in which the referendum is to be conducted may oppose the
petition.
The court may approve the petition for an emergency referendum only
upon a finding, supported by the evidence, that the referendum is
necessitated by an imminent need for approval of additional authority in
order to maintain the operations or facilities of the unit of government
or school district and that such need is due to circumstances beyond the
control of the governing body.
(Source: P.A. 80-2dSS-6.)
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10 ILCS 5/2A-2
(10 ILCS 5/2A-2) (from Ch. 46, par. 2A-2)
Sec. 2A-2.
Presidential and Vice Presidential Electors - Time of
Election. As many electors of President and Vice President of the United
States as this State may be entitled to elect shall be elected at the
general election, immediately preceding the expiration of the term of
the incumbent President of the United States.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-3
(10 ILCS 5/2A-3) (from Ch. 46, par. 2A-3)
Sec. 2A-3.
United States Senator - Time of Election.
A United States
Senator shall be elected at the general election immediately preceding
the expiration of the term of an incumbent United States Senator from
this State.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-4
(10 ILCS 5/2A-4) (from Ch. 46, par. 2A-4)
Sec. 2A-4.
United States Representative - Time of Election.
The
Representatives in the United States Congress from this State shall be
elected at each general election, and vacancies shall be filled at
special elections pursuant to writs of election issued by the Governor.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-5
(10 ILCS 5/2A-5) (from Ch. 46, par. 2A-5)
Sec. 2A-5.
Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller - Time of Election. The Governor,
Lieutenant Governor, Attorney General, Secretary of State and
Comptroller shall be elected at the general election in 1978 and at the
general election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-6
(10 ILCS 5/2A-6) (from Ch. 46, par. 2A-6)
Sec. 2A-6.
State Treasurer - Time of Election.
The State Treasurer
shall be elected at the general election in 1978 and at the general
election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-7
(10 ILCS 5/2A-7) (from Ch. 46, par. 2A-7)
Sec. 2A-7.
State Senator - Time of Election.
A State Senator shall
be elected in a legislative district at the general election which
immediately precedes the expiration of the term of that district's
incumbent Senator.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-8
(10 ILCS 5/2A-8) (from Ch. 46, par. 2A-8)
Sec. 2A-8.
State Representative - Time of Election.
Members of the
State House of Representatives shall be elected at the general election
in 1978 and at each general election every 2 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-9
(10 ILCS 5/2A-9) (from Ch. 46, par. 2A-9)
(Text of Section WITH the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-9.
Supreme, Appellate and Circuit Judges.
(a) Except as otherwise provided in subsection (a-5), if one of the
following events occurs 92 or more days before a general primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December of the next even-numbered
year:
(1) the judge dies;
(2) the Chief Justice receives a written resignation |
| or notice of retirement, signed and submitted by the judge, which specifies a date of resignation or retirement on or before the first Monday in December of the next even-numbered year;
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(3) a statute mandates the judge's retirement for
| | reason of age on or before the first Monday in December of the next even-numbered year;
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(4) the judge was eligible to seek retention in the
| | next general election but failed to timely file a declaration of candidacy to succeed himself or, having timely filed such declaration, withdrew it;
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(5) the judge is convicted of a felony or other
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(6) the judge is removed from office.
Except as otherwise provided in subsection (a-5), if one of the preceding
events occurs less than 92 days before a general primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December following the second
general election thereafter.
(a-5) If a vacancy occurs in the office of Supreme Court Judge, including
one of the events described in subsection (a) or a
vacancy occurring because of the failure of the Judge to be retained in office,
the Governor shall issue writs of election to fill that vacancy in a manner
provided in this subsection. The
Governor shall issue a writ of election within 5 days after the occurrence of
that vacancy to the county clerks of the several counties in the Judicial
District where the vacancy exists, appointing a day within 115 days to hold a
judicial election to fill such vacancy. The Governor shall issue a writ of
election to hold a judicial primary election to nominate candidates for the
office of Supreme Court Judge at least 30 days preceding the judicial election.
A Supreme Court Judge elected under this subsection (a-5) shall begin his or
her term upon certification of his or her election by the State Board of
Elections. If the vacancy occurred 92 or more days before a general primary
election at
which judges are to be nominated, a Supreme
Court Judge elected to fill a vacancy under this subsection (a-5)
shall hold his or her office until the first Monday in December following the
next general election, at which general election a Supreme Court Judge shall be
elected for a full term.
If the vacancy occurred less than 92 days before a general primary election at
which judges are to be nominated, a Supreme Court Judge elected to fill a
vacancy under this subsection (a-5) shall hold his or her office until the
first Monday in December following the second general election thereafter, at
which general election a Supreme Court Judge shall be elected for a full
term.
(b) Judges of the Appellate and Circuit Courts shall be elected in their
respective districts or circuits at the general election of each
even-numbered year immediately preceding the expiration of the term of
each incumbent judge, not retained, and shall enter upon the duties of
their offices on the first Monday of December after their election.
(c) Whenever an additional appellate or Circuit Judge is authorized by
law, the office shall be filled in the manner
provided for filling a vacancy in that office.
(Source: P.A. 89-719, eff. 3-7-97.)
(Text of Section WITHOUT the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-9.
Supreme, Appellate and Circuit Judges.
(a) If one of the following
events occurs 92 or more days before a general primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December of the next even-numbered
year:
(1) the judge dies;
(2) the Chief Justice receives a written resignation
| | or notice of retirement, signed and submitted by the judge, which specifies a date of resignation or retirement on or before the first Monday in December of the next even-numbered year;
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(3) a statute mandates the judge's retirement for
| | reason of age on or before the first Monday in December of the next even-numbered year;
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(4) the judge was eligible to seek retention in the
| | next general election but failed to timely file a declaration of candidacy to succeed himself or, having timely filed such declaration, withdrew it;
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(5) the judge is convicted of a felony or other
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(6) the judge is removed from office.
If one of the preceding
events occurs less than 92 days before a primary
election at which judges are to be nominated, the term of an incumbent
judge will expire on the first Monday in December following the second
general election thereafter.
(b) Judges of the Appellate and Circuit Courts shall be elected in their
respective districts or circuits at the general election of each
even-numbered year immediately preceding the expiration of the term of
each incumbent judge, not retained, and shall enter upon the duties of
their offices on the first Monday of December after their election.
(c) Whenever an additional appellate or Circuit Judge is authorized by
law, the office shall be filled in the manner
provided for filling a vacancy in that office.
(Source: P.A. 86-1348.)
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10 ILCS 5/2A-10
(10 ILCS 5/2A-10) (from Ch. 46, par. 2A-10)
Sec. 2A-10.
Assessor - Board of Appeals.
In each county which elects
a County Assessor and a Board of Appeals, the County Assessor and the
Board of Appeals shall be elected at the general election in 1978 and at
the general election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-10.1
(10 ILCS 5/2A-10.1) (from Ch. 46, par. 2A-10.1)
Sec. 2A-10.1.
Supervisor of Assessments.
In each county of less than
3,000,000 inhabitants having an elected supervisor of assessments, the
supervisor of assessments shall be elected at a general election and shall
serve for a term of 4 years.
(Source: P.A. 84-837.)
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10 ILCS 5/2A-11
(10 ILCS 5/2A-11) (from Ch. 46, par. 2A-11)
Sec. 2A-11.
Board of Assessors - Time of Election.
A member of the
Board of Assessors in each county which elects members of a Board of
Assessors shall be elected at each general election to succeed each
incumbent member whose term expires before the following general
election.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-12
(10 ILCS 5/2A-12) (from Ch. 46, par. 2A-12)
Sec. 2A-12.
Board of Review - Time of Election.
A member of the
Board of Review in any county which elects members of a Board of Review
shall be elected, at each general election which immediately precedes
the expiration of the term of any incumbent member, to succeed each
member whose term ends before the following general election, except that
members of the Cook County Board of Review shall be elected as provided in
subsection (c) of Section 5-5 of the Property Tax Code.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/2A-13
(10 ILCS 5/2A-13) (from Ch. 46, par. 2A-13)
Sec. 2A-13.
Recorder of Deeds - Time of Election.
In each county
which elects a recorder, a recorder shall be elected
at the general election in 1980 and at the general election every 4
years thereafter.
(Source: P.A. 83-358.)
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10 ILCS 5/2A-14
(10 ILCS 5/2A-14) (from Ch. 46, par. 2A-14)
Sec. 2A-14.
County Auditor - Time of Election.
The County Auditor of
each county which elects a County Auditor shall be elected at the
general election in 1980 and at the general election every 4 years
thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-15
(10 ILCS 5/2A-15) (from Ch. 46, par. 2A-15)
Sec. 2A-15.
Circuit Clerk - Time of Election.
The Clerk of the
Circuit Court in each county shall be elected at the general election in
1980 and at the general election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-16
(10 ILCS 5/2A-16) (from Ch. 46, par. 2A-16)
Sec. 2A-16.
County Clerk - Time of Election.
The County Clerk of
each county shall be elected at the general election in 1978 and at the
general election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-17
(10 ILCS 5/2A-17) (from Ch. 46, par. 2A-17)
Sec. 2A-17.
Sheriff - Time of Election.
The Sheriff of each county
shall be elected at the general election in 1978 and at the general
election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-18
(10 ILCS 5/2A-18) (from Ch. 46, par. 2A-18)
Sec. 2A-18.
Coroner - Time of Election.
In each county which elects a Coroner, the Coroner shall be elected at the
general election in 1980 and at the general election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-19
(10 ILCS 5/2A-19) (from Ch. 46, par. 2A-19)
Sec. 2A-19.
County Treasurer - Time of Election.
County Treasurers
shall be elected at the general election in 1978 and at the general
election every 4 years thereafter.
(Source: P.A. 80-416; 80-936; 80-1364.)
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10 ILCS 5/2A-20
(10 ILCS 5/2A-20) (from Ch. 46, par. 2A-20)
Sec. 2A-20.
Regional Superintendent of Schools - Time of Election.
Except in counties or educational service regions in which that office has
been abolished, the Regional Superintendents of Schools shall be elected at the
general election in 1978 and at the general election every 4 years thereafter.
(Source: P.A. 87-654; 88-89.)
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10 ILCS 5/2A-21
(10 ILCS 5/2A-21) (from Ch. 46, par. 2A-21)
Sec. 2A-21.
State's Attorney - Time of Election.
State's Attorneys
shall be elected at the general election in 1980 and at the general
election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-22
(10 ILCS 5/2A-22) (from Ch. 46, par. 2A-22)
Sec. 2A-22.
Cook County - Commissioner - President - Time of Election.
County Commissioners and the President of the County Board of Cook
County, and the Chief Executive officer in other home rule counties,
shall be elected at the general election in 1978 and at the general
election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-23
(10 ILCS 5/2A-23) (from Ch. 46, par. 2A-23)
Sec. 2A-23.
County Board Members - Time of Election.
County Board
members in counties under township organization shall be elected at the
general election in each even-numbered year to succeed members whose
terms expire prior to the next general election.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-24
(10 ILCS 5/2A-24) (from Ch. 46, par. 2A-24)
Sec. 2A-24.
County Commissioners - Non Township Counties - Time of
Election. A County Commissioner shall be elected at each general
election in counties not under township organization to succeed each
incumbent Commissioner whose term expires before the following general
election.
The Board of County Commissioners, at least 30 days before the first
day for filing nomination petitions preceding each primary election in which
2 Commissioners are to be elected, may provide by resolution that candidates
for such position shall each file nomination papers for and be nominated
for and elected to a specific office.
The resolution shall designate the positions to be filled as follows: Position
A is the position now held (or vacated) by ........... (Name of one incumbent
or most recent Commissioner) and position B is the position now held (or
vacated) by .......... (Name of the other incumbent or most recent Commissioner).
(Source: P.A. 82-373.)
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10 ILCS 5/2A-25
(10 ILCS 5/2A-25) (from Ch. 46, par. 2A-25)
Sec. 2A-25.
Chicago - Mayor - Clerk - Treasurer - Time of Election.
The Mayor, a city clerk and a city treasurer of the City of Chicago
shall be elected at the consolidated election in 1979 and at the
consolidated election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-26
(10 ILCS 5/2A-26) (from Ch. 46, par. 2A-26)
Sec. 2A-26.
Chicago Aldermen.
Aldermen of the City of Chicago shall
be elected at the consolidated primary election in 1979 and at the
consolidated primary election every 4 years thereafter. The runoff
election where necessary, pursuant to law, for Chicago aldermen shall be
held at the consolidated election in 1979, and every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-27
(10 ILCS 5/2A-27) (from Ch. 46, par. 2A-27)
Sec. 2A-27.
Cities generally; mayor; clerk; treasurer; time of election.
A
mayor, a city clerk, and a city treasurer shall be elected in each city that
elects those officers (except the City of Chicago) at the consolidated election
in 1979 or 1981 (in whichever of those years the terms of those officers
expire) and at the consolidated election every 4 years thereafter. In cities
that have provided for a 2 year term for elective officers under Section
3.1-10-65 of the Illinois Municipal Code, however, these city
officers shall be elected at the consolidated election of each odd-numbered
year.
(Source: P.A. 91-357, eff. 7-29-99.)
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10 ILCS 5/2A-28
(10 ILCS 5/2A-28) (from Ch. 46, par. 2A-28)
Sec. 2A-28.
Cities Generally - Aldermen - Time of Election.
An
alderman of a city other than the City of Chicago shall be elected at
the consolidated or general primary election in each year to succeed each
incumbent alderman whose term ends before the following consolidated or
general election.
(Source: P.A. 81-1433.)
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10 ILCS 5/2A-29
(10 ILCS 5/2A-29) (from Ch. 46, par. 2A-29)
Sec. 2A-29.
Cities under Commission Form of Government -
Commissioners and Mayor - Time of Election. A mayor and the
commissioners of all municipalities which have adopted the commission
form of municipal government shall be elected at the consolidated or
general primary election which immediately precedes the expiration of the term
of the incumbent mayor and commissioners.
(Source: P.A. 81-1433.)
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10 ILCS 5/2A-30
(10 ILCS 5/2A-30) (from Ch. 46, par. 2A-30)
Sec. 2A-30.
Villages and Incorporated Towns with Population
of Less than 50,000 - President - Trustees - Clerk.
In villages and incorporated towns with a population of less
than 50,000, a president shall be elected at the consolidated
election in every other odd-numbered year when the president
is elected for a 4 year term, and in each odd-numbered year
when the president is elected for a 2 year term.
Except as provided in Section 2A-30a, in villages and incorporated towns
with a population of less
than 50,000, 3 trustees shall be elected at the consolidated
election in each odd-numbered year when trustees are elected
for 4 year terms, and at the consolidated election in each
odd-numbered year and at the general primary election in each even-numbered
year when trustees are elected for 2 year terms. A primary to nominate
candidates for the office of trustee to be elected at the general primary
election shall be held on the Tuesday 6 weeks preceding that election.
In villages and incorporated towns with a population of less
than 50,000, a clerk shall be elected at the consolidated election
in every other odd-numbered year when the clerk is elected for a 4
year term, and in each odd-numbered year when the clerk is elected
for a 2 year term.
(Source: P.A. 80-1495.)
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10 ILCS 5/2A-30a
(10 ILCS 5/2A-30a) (from Ch. 46, par. 2A-30a)
Sec. 2A-30a.
Trustees in villages under 5,000; time of election.
In
villages of under 5,000 population that provide by resolution
and referendum that the village board of trustees
shall be comprised of 4 members as provided by Section 3.1-25-10
of the Illinois Municipal Code, 2 trustees shall
be elected at the consolidated
election in each odd-numbered year after the adoption of the resolution
when trustees are elected for 4 year terms, and at the consolidated election
in each odd-numbered year and at the general primary election in each
even-numbered
year after the adoption of the resolution when
trustees are elected for 2 year terms.
(Source: P.A. 87-1119.)
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10 ILCS 5/2A-31
(10 ILCS 5/2A-31) (from Ch. 46, par. 2A-31)
Sec. 2A-31.
Villages over 50,000; president;
trustees; clerk; time of election.
(a) In villages with a population of
50,000 or more, a
president shall be elected at the consolidated election in 1979 or 1981
(in whichever of those years the term of the president expires)
and every
4 years thereafter.
(b) In villages with a population of 50,000 or more, 6 trustees shall be
elected at the consolidated election in 1979 or 1981 (in
whichever of
those years the terms of the trustees expire) and every 4 years
thereafter, unless the village has provided, in accordance with Section
3.1-25-15 of the Illinois Municipal Code, to elect trustees in
the manner
provided for villages with a population of less than 50,000, in which
case trustees shall be elected at the time prescribed in Section 2A-30
of this Act.
(c) In villages with a population of 50,000 or more, a clerk shall be
elected at the consolidated election in every other odd-numbered year
when the clerk is elected for a 4 year term, and in each odd-numbered
year when the clerk is elected for a 2 year term.
(Source: P.A. 87-1119.)
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10 ILCS 5/2A-32
(10 ILCS 5/2A-32) (from Ch. 46, par. 2A-32)
Sec. 2A-32.
Incorporated Towns with Population of 50,000 or More -
President - Clerk - Collector - Assessor - Supervisor - Trustee - Time
of Election. In each incorporated town with a population of 50,000 or
more, a president, a clerk, a collector, a supervisor and an assessor, when required,
shall be elected in every incorporated town at the consolidated election
in 1985 and at the consolidated election every 4 years thereafter.
A trustee shall be elected to succeed each trustee whose term expires
in a particular year, such election to be held at the consolidated
election in odd-numbered years.
The term of office of a trustee which expires in 1984 is extended to
1985 and the term of office of a trustee which expires in 1986 is extended to 1987.
(Source: P.A. 83-720.)
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10 ILCS 5/2A-33
(10 ILCS 5/2A-33) (from Ch. 46, par. 2A-33)
Sec. 2A-33.
Town - Supervisors - Trustees - Township Collectors -
Township Clerks - Township Assessors - Time of Election.
In each town where such officials are elected, supervisors, township
trustees, township collectors, township clerks multi-township assessors
and township assessors
shall be elected at the consolidated election in 1981 and at the
consolidated election every 4 years thereafter.
(Source: P.A. 81-838.)
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10 ILCS 5/2A-34
(10 ILCS 5/2A-34) (from Ch. 46, par. 2A-34)
Sec. 2A-34.
Highway Commissioners - Road District Clerks - Time of
Election. Highway commissioners and road district clerks shall be
elected at the consolidated election in 1985 and at the consolidated
election every 4 years thereafter.
(Source: P.A. 81-1433.)
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10 ILCS 5/2A-36
(10 ILCS 5/2A-36) (from Ch. 46, par. 2A-36)
Sec. 2A-36.
Fire Protection District - Trustee - Time of Election.
A
trustee of a Fire Protection District which elects its trustees shall be
elected at each consolidated election in odd-numbered years
to succeed
each incumbent trustee 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-37
(10 ILCS 5/2A-37) (from Ch. 46, par. 2A-37)
Sec. 2A-37.
Library District - Trustee - Time of Election.
A trustee
of a Library District shall be elected, at the consolidated
election in
odd-numbered years 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. 81-929.)
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10 ILCS 5/2A-38
(10 ILCS 5/2A-38) (from Ch. 46, par. 2A-38)
Sec. 2A-38.
General Park District - Commissioners - Time of
Election. A commissioner of a General Park District shall be elected at
the consolidated election in odd-numbered years to succeed each incumbent
commissioner whose term expires before the following consolidated
election.
(Source: P.A. 84-861.)
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10 ILCS 5/2A-39
(10 ILCS 5/2A-39) (from Ch. 46, par. 2A-39)
Sec. 2A-39.
Township Park District - Commissioner - Time of Election.
A commissioner of a Township Park District shall be elected at the consolidated
election of each odd-numbered year 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-40
(10 ILCS 5/2A-40) (from Ch. 46, par. 2A-40)
Sec. 2A-40.
Metropolitan Sanitary District of Greater Chicago -
Trustee - Time of Election. A trustee of the Metropolitan Sanitary
District of Greater Chicago shall be elected at each general election to
succeed each incumbent trustee whose term expires before the following
general election.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-41
(10 ILCS 5/2A-41) (from Ch. 46, par. 2A-41)
Sec. 2A-41.
Sanitary District - Trustee - Time of Election.
A
trustee of a Sanitary District which elects its trustees, other than the
Metropolitan Sanitary District of Greater Chicago, shall be elected at
the general election in each even-numbered year which immediately
precedes the expiration of the term of any incumbent trustee, to succeed
each incumbent trustee whose term ends before the following general
election.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-43
(10 ILCS 5/2A-43) (from Ch. 46, par. 2A-43)
Sec. 2A-43.
Springfield Metropolitan Exposition and Auditorium
Authority - Commissioner - Time of Election. A commissioner of the
Springfield Metropolitan Exposition and Auditorium Authority shall be
elected at the consolidated election of each odd-numbered
year to succeed
each incumbent commissioner 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-44
(10 ILCS 5/2A-44) (from Ch. 46, par. 2A-44)
Sec. 2A-44.
Board of Library Trustees - Members - Time of Election.
A member of an elected Board of Library Trustees shall be elected at the
consolidated election which immediately precedes the expiration of the term
of an incumbent trustee, to succeed each incumbent trustee whose term
expires before the following consolidated election.
(Source: P.A. 84-770.)
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10 ILCS 5/2A-45
(10 ILCS 5/2A-45) (from Ch. 46, par. 2A-45)
Sec. 2A-45.
Community Buildings - Board of Managers - Member - Time of
Election. A member of a Board of Managers, which may have authority over
township community buildings, shall be elected at the consolidated
election of each odd-numbered year to succeed each incumbent
manager whose term expires before the following consolidated election.
(Source: P.A. 80-1469.)
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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.
Board of School Directors - Member - Time of Election.
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.
(Source: P.A. 90-358, eff. 1-1-98.)
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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. 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, or the ID/DD Community Care 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. 96-339, eff. 7-1-10; 96-563, eff. 1-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)|
10 ILCS 5/3-4
(10 ILCS 5/3-4) (from Ch. 46, par. 3-4)
Sec. 3-4.
No patient of 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. 79-1123.)
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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 Act 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. 94-637, eff. 1-1-06.)
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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 disabled person 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. 92-816, eff. 8-21-02.)
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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 |
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(2) the establishment of temporary places of
| | registration, as provided in Section 4-6.3.
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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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10 ILCS 5/4-6.2
(10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
Sec. 4-6.2. (a) The county clerk shall appoint all municipal and township
or road district clerks or their duly authorized deputies as deputy registrars
who may accept the registration of all qualified residents of the State.
The county clerk shall appoint all precinct committeepersons in the county
as deputy registrars who may accept the registration of any qualified resident
of the State, except during the 27 days preceding an election.
The county clerk shall appoint each of the following named persons as deputy
registrars upon the written request of such persons:
1. The chief librarian, or a qualified person |
| designated by the chief librarian, of any public library situated within the election jurisdiction, who may accept the registrations of any qualified resident of the State, at such library.
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2. The principal, or a qualified person designated by
| | the principal, of any high school, elementary school, or vocational school situated within the election jurisdiction, who may accept the registrations of any qualified resident of the State, at such school. The county clerk shall notify every principal and vice-principal of each high school, elementary school, and vocational school situated within the election jurisdiction of their eligibility to serve as deputy registrars and offer training courses for service as deputy registrars at conveniently located facilities at least 4 months prior to every election.
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3. The president, or a qualified person designated by
| | the president, of any university, college, community college, academy or other institution of learning situated within the election jurisdiction, who may accept the registrations of any resident of the State, at such university, college, community college, academy or institution.
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4. A duly elected or appointed official of a bona
| | fide labor organization, or a reasonable number of qualified members designated by such official, who may accept the registrations of any qualified resident of the State.
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5. A duly elected or appointed official of a bonafide
| | State civic organization, as defined and determined by rule of the State Board of Elections, or qualified members designated by such official, who may accept the registration of any qualified resident of the State. In determining the number of deputy registrars that shall be appointed, the county clerk shall consider the population of the jurisdiction, the size of the organization, the geographic size of the jurisdiction, convenience for the public, the existing number of deputy registrars in the jurisdiction and their location, the registration activities of the organization and the need to appoint deputy registrars to assist and facilitate the registration of non-English speaking individuals. In no event shall a county clerk fix an arbitrary number applicable to every civic organization requesting appointment of its members as deputy registrars. The State Board of Elections shall by rule provide for certification of bonafide State civic organizations. Such appointments shall be made for a period not to exceed 2 years, terminating on the first business day of the month following the month of the general election, and shall be valid for all periods of voter registration as provided by this Code during the terms of such appointments.
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6. The Director of Healthcare and Family Services, or
| | a reasonable number of employees designated by the Director and located at public aid offices, who may accept the registration of any qualified resident of the county at any such public aid office.
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7. The Director of the Illinois Department of
| | Employment Security, or a reasonable number of employees designated by the Director and located at unemployment offices, who may accept the registration of any qualified resident of the county at any such unemployment office.
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8. The president of any corporation as defined by the
| | Business Corporation Act of 1983, or a reasonable number of employees designated by such president, who may accept the registrations of any qualified resident of the State.
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If the request to be appointed as deputy registrar is denied, the
county clerk shall, within 10 days after the date the request is submitted,
provide the affected individual or organization with written notice setting
forth the specific reasons or criteria relied upon to deny the request to
be appointed as deputy registrar.
The county clerk may appoint as many additional deputy registrars as he
considers necessary. The county clerk shall appoint such additional deputy
registrars in such manner that the convenience of the public is served,
giving due consideration to both population concentration and area. Some
of the additional deputy registrars shall be selected so that there are an
equal number from each of the 2 major political parties in the election
jurisdiction. The county clerk, in appointing an additional deputy
registrar, shall make the appointment from a list of applicants submitted
by the Chairman of the County Central Committee of the applicant's
political party. A Chairman of a County Central Committee shall submit a
list of applicants to the county clerk by November 30 of each year. The
county clerk may require a Chairman of a County Central Committee to
furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time other than the 27
day period preceding an election. All persons appointed as deputy
registrars shall be registered voters within the county and shall 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 deputy registrar 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 Deputy Registrar)"
This oath shall be administered by the county clerk, or by one of his
deputies, or by any person qualified to take acknowledgement of deeds and
shall immediately thereafter be filed with the county clerk.
Appointments of deputy registrars under this Section, except precinct
committeemen, shall be for 2-year terms, commencing on December 1 following
the general election of each even-numbered year; except that the terms of
the initial appointments shall be until December 1st following the next
general election. Appointments of precinct committeemen shall be for 2-year
terms commencing on the date of the county convention following the general
primary at which they were elected. The county clerk shall issue a
certificate of appointment to each deputy registrar, and shall maintain in
his office for public inspection a list of the names of all appointees.
(b) The county clerk shall be responsible for training all deputy registrars
appointed pursuant to subsection (a), at times and locations reasonably
convenient for both the county clerk and such appointees. The county clerk
shall be responsible for certifying and supervising all deputy registrars
appointed pursuant to subsection (a). Deputy registrars appointed under
subsection (a) shall be subject to removal for cause.
(c)
Completed registration materials under the control of deputy registrars,
appointed pursuant to subsection (a), shall be returned to the appointing election
authority by first-class mail within 2 business days or personal delivery within 7 days, except that completed registration materials
received by the deputy registrars during the period between the 35th and
28th day preceding an election shall be returned by the deputy
registrars to
the appointing election authority within 48 hours after receipt thereof. The
completed registration materials received by the deputy registrars on the
28th day preceding an election shall be returned by the deputy
registrars
within 24 hours after receipt thereof. Unused materials shall be returned
by deputy registrars appointed pursuant to paragraph 4 of subsection (a),
not later than the next working day following the close of registration.
(d) The county clerk or board of election commissioners, as the case may
be, must provide any additional forms requested by any deputy registrar
regardless of the number of unaccounted registration forms the deputy registrar
may have in his or her possession.
(e) No deputy registrar shall engage in any electioneering or the promotion
of any cause during the performance of his or her duties.
(f) The county clerk shall not be criminally or civilly liable for the
acts or omissions of any deputy registrar. Such deputy registrars shall
not be deemed to be employees of the county clerk.
(g) Completed registration materials returned by deputy registrars for persons residing outside the county shall be transmitted by the county clerk within 2 days after receipt to the election authority of the person's election jurisdiction of residence.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/4-6.3
(10 ILCS 5/4-6.3) (from Ch. 46, par. 4-6.3)
Sec. 4-6.3.
The county clerk may establish a temporary place of registration
for such times and at such locations within the county as the county clerk
may select. However, no temporary place of registration may be
in operation during the 27 days preceding an election. Notice
of the time and place
of registration under this Section shall be published by the county
clerk in a newspaper
having a general circulation in the county not less than 3 nor
more than 15 days before the holding of such registration.
Temporary places of registration shall be established so
that the areas of concentration of population or use by the public are served,
whether by
facilities provided in places of private business or in public buildings
or in mobile units. Areas which may be designated as temporary places of
registration include, but are not limited to, facilities licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act, Soldiers' and Sailors'
Homes, shopping centers, business districts, public buildings and county fairs.
Temporary places of registration shall be available to the
public not less than 2 hours per year for each 1,000 population or
fraction thereof in the county.
All temporary places of registration shall be manned by deputy county
clerks or deputy registrars appointed pursuant to Section 4-6.2.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
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10 ILCS 5/4-7
(10 ILCS 5/4-7) (from Ch. 46, par. 4-7)
Sec. 4-7.
In counties having a re-registration in 1969 and 1970, there
shall be 3 days of precinct re-registration in each precinct. The first of
such 3 days shall be Friday, November 21, 1969; the second, Friday,
December 19, 1969; and the third, Tuesday, January 15, 1970. In all
counties over 1,000,000 population, or in counties under 1,000,000
population if the county clerk determines to have precinct registration in
the county pursuant to Section 4-6.1 there shall be one day of precinct
registration preceding each regular election on the first Tuesday after the
first Monday in November of even numbered years, on Saturday preceding the
Tuesday 6 weeks preceding the election. The county board shall have
authority to designate 2 days of registration in each precinct, in which
event the second day of precinct registration shall be 29 days before such
election. On each day of registration, the registration places shall be
opened at noon and remain open until 9:00 P.M. The provisions of Section
4-3 of this Article shall apply to the selection of places of registration
or re-registration under this Section.
At least 20 days prior to a precinct registration or re-registration,
the county clerk shall publish a notice of registration or re-registration,
giving the dates, hours and places of registration or re-registration, in a
newspaper of general circulation published in the county, if there is one,
or otherwise in a newspaper of general circulation in such county.
The election authorities shall issue credentials to registration day
pollwatchers in the manner and on the terms prescribed in Section 17-23
with respect to pollwatchers at elections. Registration day pollwatchers
shall be allowed to see the names and addresses of the people who have registered
during the course of the day.
No person shall, at any precinct registration or reregistration, do any
electioneering or soliciting of votes or engage in any political discussion
within any precinct registration place or within 30 feet thereof. Nothing
in this Act shall be construed to prohibit any candidate from being present
in or near any precinct registration place. All persons who register to
vote at any precinct registration place must be residents of the precinct
in which they register.
(Source: P.A. 81-1535.)
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10 ILCS 5/4-8
(10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
Sec. 4-8. The county clerk shall provide a sufficient number of blank
forms for the registration of electors, which shall be known as
registration record cards and which shall consist of loose leaf sheets
or cards, of suitable size to contain in plain writing and figures the
data hereinafter required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The registration record
cards, which shall include an affidavit of registration as hereinafter
provided, shall be executed in duplicate.
The registration record card shall contain the following and such
other information as the county clerk may think it proper to require for
the identification of the applicant for registration:
Name. The name of the applicant, giving surname and first or
Christian name in full, and the middle name or the initial for such
middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or other location of
the dwelling, including the apartment, unit or room number, if any, and in the
case of a mobile home the lot number, and such additional clear and definite
description as may be necessary to determine the exact location of the
dwelling of the applicant. Where the location cannot be determined by
street and number, then the section, congressional township and range
number may be used, or such other description as may be necessary,
including post-office mailing address. In the case of a homeless individual,
the individual's voting residence that is his or her mailing address shall be
included on his or her registration record card.
Term of residence in the State of Illinois and precinct. This
information shall be furnished by the applicant stating the place or
places where he resided and the dates during which he resided in such
place or places during the year next preceding the date of the next
ensuing election.
Nativity. The state or country in which the applicant was born.
Citizenship. Whether the applicant is native born or naturalized. If
naturalized, the court, place, and date of naturalization.
Date of application for registration, i.e., the day, month and year
when applicant presented himself for registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time of
registration, which would require assistance in voting.
The county and state in which the applicant was last registered.
Signature of voter. The applicant, after the registration and in the
presence of a deputy registrar or other officer of registration shall be
required to sign his or her name in ink to the affidavit on both the
original and duplicate registration record cards.
Signature of deputy registrar or officer of registration.
In case applicant is unable to sign his name, he may affix his mark
to the affidavit. In such case the officer empowered to give the
registration oath shall write a detailed description of the applicant in
the space provided on the back or at the bottom of the card or sheet;
and shall ask the following questions and record the answers thereto:
Father's first name.
Mother's first name.
From what address did the applicant last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit in
substantially the following form:
AFFIDAVIT OF REGISTRATION
STATE OF ILLINOISCOUNTY OF .......
I hereby swear (or affirm) that I am a citizen of the United States;
that on the date of the next election I shall have resided in the State
of Illinois and in the election precinct in which I reside 30 days and
that I intend that this location shall be my residence; that
I am fully qualified to vote, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
..................................
Signature of registration officer.(To be signed in presence of registrant.)
Space shall be provided upon the face of each registration record
card for the notation of the voting record of the person registered
thereon.
Each registration record card shall be numbered according to
precincts, and may be serially or otherwise marked for identification in
such manner as the county clerk may determine.
The registration cards shall be deemed public records and shall be
open to inspection during regular business hours, except during the 27
days immediately preceding any election. On written request of any
candidate or objector or any person intending to object to a petition, the
election authority shall extend its hours for inspection of registration
cards and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10, 8-8, 10-6 or
28-3 and continuing through the termination of electoral board hearings on
any objections to petitions containing signatures of registered voters in
the jurisdiction of the election authority. The extension shall be for a
period of hours sufficient to allow adequate opportunity for examination of
the records but the election authority is not required to extend its hours
beyond the period beginning at its normal opening for business and ending
at midnight. If the business hours are so extended, the election authority
shall post a public notice of such extended hours. Registration record
cards may also be inspected, upon approval of the officer in charge of the
cards, during the 27 days immediately preceding any election.
Registration
record cards shall also be open to inspection by certified judges and poll
watchers and challengers at the polling place on election day, but only to
the extent necessary to determine the question of the right of a person to
vote or to serve as a judge of election. At no time shall poll watchers or
challengers be allowed to physically handle the registration record cards.
Updated copies of computer tapes or computer discs or other electronic data
processing information containing voter registration information shall
be furnished by the county clerk within 10 days after December 15 and
May
15 each year and within 10 days after each registration
period is closed to the State Board of Elections in a form
prescribed by the
Board. For the purposes of this Section, a registration period is closed 27
days before the date of any regular or special election. Registration
information shall include, but not be limited to, the
following information: name, sex, residence, telephone number, if any,
age, party affiliation, if applicable, precinct, ward, township,
county, and representative, legislative and
congressional districts. In the event of noncompliance, the State
Board of Elections is directed to obtain compliance forthwith with this
nondiscretionary duty of the election authority by instituting legal
proceedings in the circuit court of the county in which the election
authority maintains the registration information. The costs of furnishing
updated copies of tapes or discs shall be paid at a rate of $.00034 per
name of registered voters in the election jurisdiction, but not less than
$50 per tape or disc and shall be paid from appropriations made to the
State Board of Elections for reimbursement to the election authority for
such purpose. The State Board shall furnish copies of such tapes, discs, other
electronic data or compilations thereof to state political committees
registered pursuant to the Illinois Campaign Finance Act or the Federal
Election Campaign Act and to governmental entities, at their request and at a reasonable cost.
To protect the privacy and confidentiality of voter registration information,
the disclosure
of electronic voter registration records to any person or entity other than to a
State or local political
committee and other than to a governmental entity for a governmental
purpose is specifically prohibited except as follows: subject to security measures adopted by the State Board of Elections which, at a minimum, shall include the keeping of a catalog or database, available for public view, including the name, address, and telephone number of the person viewing the list as well as the time of that viewing, any person may view the centralized statewide voter registration list on a computer screen at the Springfield office of the State Board of Elections, during normal business hours other than during the 27 days before an election, but the person viewing the list under this exception may not print, duplicate, transmit, or alter the list. Copies of
the tapes, discs, or other electronic data shall be furnished by the county
clerk to local political committees and governmental entities at their request and at a
reasonable cost.
Reasonable cost of the tapes, discs, et cetera for
this purpose would be the cost of duplication plus 15% for
administration. The individual representing a political committee
requesting copies of such tapes shall make a sworn affidavit that the
information shall be used only for bona fide political purposes,
including by or for candidates for office or incumbent office holders.
Such tapes, discs or other electronic data shall not be used under any
circumstances by any political committee or individuals for purposes of
commercial solicitation or other business purposes. If such tapes
contain information on county residents related to the operations of
county government in addition to registration information, that
information shall not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in this
Section against using the computer tapes or computer discs or other
electronic data processing information containing voter registration
information for purposes of commercial solicitation or other business
purposes shall be prospective only from the effective date of this
amended Act of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October 1, 1987, such
regulations as may be necessary to ensure uniformity throughout the State
in electronic data processing of voter registration information. The
regulations shall include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to be employed
by the election authorities of this State in the electronic data processing
of voter registration information. Each election authority utilizing
electronic data processing of voter registration information shall comply
with such regulations on and after May 15, 1988.
If the applicant for registration was last registered in another
county within this State, he shall also sign a certificate authorizing
cancellation of the former registration. The certificate shall be in
substantially the following form:
To the County Clerk of.... County, Illinois. (or)
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county) (city) and
that my residence was .
Having moved out of your (county) (city), I hereby authorize you to
cancel said registration in your office.
Dated at ...., Illinois, on (insert date).
.................................
(Signature of Voter)
Attest: ................, County Clerk, .............County, Illinois.
The cancellation certificate shall be mailed immediately by the
County Clerk to the County Clerk (or election commission as the case may
be) where the applicant was formerly registered. Receipt of such
certificate shall be full authority for cancellation of any previous
registration.
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; 94-136, eff. 7-7-05.)
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10 ILCS 5/4-8.01
(10 ILCS 5/4-8.01) (from Ch. 46, par. 4-8.01)
Sec. 4-8.01.
If an applicant for registration reports a permanent physical
disability which would require assistance in voting, the county clerk shall
mark all his registration cards in the right margin on the front of the
card with a band of ink running the full margin which shall be of contrast
to, and easily distinguishable from, the color of the card. If an applicant
for registration declares upon properly witnessed oath, with his signature
or mark affixed, that he cannot read the English language and that he will
require assistance in voting, all his registration cards shall be marked in
a manner similar to the marking on the cards of a voter who requires
assistance because of physical disability, except that the marking shall be
of a different distinguishing color. Following each election the cards of
any voter who has requested assistance as a disabled voter, and has stated
that the disability is permanent, or who has received assistance because of
inability to read the English language, shall be marked in the same manner.
(Source: Laws 1967, p. 3525.)
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10 ILCS 5/4-8.02
(10 ILCS 5/4-8.02) (from Ch. 46, par. 4-8.02)
Sec. 4-8.02.
Upon the issuance of a disabled voter's identification card as provided
in Section 19-12.1, the county clerk shall cause the identification number
of such card to be clearly noted on all the registration cards of such voter.
(Source: P.A. 78-320.)
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10 ILCS 5/4-8.03
(10 ILCS 5/4-8.03) (from Ch. 46, par. 4-8.03)
Sec. 4-8.03.
The State Board of Elections shall design a registration
record card which, except as otherwise provided in this Section, shall
be used in triplicate by all election authorities
in the State, except those election authorities adopting a computer-based
voter registration file authorized under Section 4-33. The Board shall prescribe the form and specifications, including
but not limited to the weight of paper, color and print of such cards.
Such cards shall contain boxes or spaces for the information required under
Sections 4-8 and 4-21 of this Code; provided, that such cards shall also
contain a box or space for the applicant's social security number, which
shall be required to the extent allowed by law but in no case shall the
applicant provide fewer than the last 4 digits of the social security
number, and a box for
the applicant's telephone number, if available.
Except for those election authorities adopting a computer-based voter
registration file authorized under Section 4-33, the original and duplicate
cards shall respectively constitute the master
file and precinct binder registration records of the voter. A copy shall be given to the applicant upon completion of his or her
registration
or completed transfer of registration.
Whenever a voter moves to another precinct within the same election
jurisdiction or to another election jurisdiction in the State, such voter
may transfer his or her registration by presenting his or her copy to the election authority or a deputy registrar. If such voter is not
in possession of or has lost his or her copy, he or she
may
effect a transfer of registration by executing an Affidavit of Cancellation
of Previous Registration.
In the case of a transfer of registration to a new election jurisdiction,
the election authority shall transmit the voter's copy
or such
affidavit to the election authority of the voter's former election
jurisdiction, which shall immediately cause the transmission of the voter's
previous registration card to the voter's new election authority. No
transfer of registration to a new election jurisdiction shall be complete
until the voter's old election authority receives notification.
Deputy registrars shall return all copies of registration record cards or
Affidavits of
Cancellation of Previous Registration to the election authority within 7
working days after the receipt thereof, except that such copies
or
Affidavits of Cancellation of Previous Registration received by the deputy
registrars between the 35th and 28th day preceding an election
shall be
returned by the deputy registrars to the election authority within 48 hours
after receipt. The deputy registrars shall return the copies or
Affidavits
of Cancellation of Previous Registration received by them on the 28th day
preceding an election to the election authority within 24 hours after receipt
thereof.
(Source: P.A. 91-73, eff. 7-9-99; 92-816, eff. 8-21-02.)
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10 ILCS 5/4-9
(10 ILCS 5/4-9) (from Ch. 46, par. 4-9)
Sec. 4-9.
The county clerk shall fully instruct the registration officers
and deputy registration officers in their duties. Each registration officer
and deputy registration officer shall receipt to the county clerk for all
blank registration record cards issued to him, specifying therein the
number of the blanks received by him, and each registration officer and
deputy registration officer shall be charged with such blanks until he
returns them to the county clerk. If for any cause a blank registration
record card is mutilated or rendered unfit for use in making it out, or if
a mistake thereon has been made, such blank shall not be destroyed, but the
word "mutilated" shall be written across the face of such card, and the
card shall be returned to the county clerk and be preserved in the same
manner and for the same length of time as mutilated ballots. When each 1969
and 1970 precinct re-registration has been completed, each registration
officer shall certify the registration records in substantially the
following form:
"We, the undersigned registration officers or deputy registration officers
in the County of .... in the State of Illinois, do swear (or affirm) that at
the registration of electors on (insert date)
there was registered by us in the said election precinct the names which
appear on the registration records, and that the number of voters registered
and qualified was and is the number of ....
......................
......................
......................
Registration officers.
Date ................"
After completion of each 1969 and 1970 precinct re-registration each of
the officers of registration for such precinct shall place all registration
cards received by him, regardless of whether such cards have been unused,
filled out, executed or mutilated, in an envelope to be provided for that
purpose by the county clerk and shall seal such envelope with an official
wax impression seal and sign his name across the face of such envelope.
The judge of registration for such precinct shall include in the envelope
sealed by him the certification of the registration records hereinabove
required. The judge of registration for such precinct shall within 24 hours
after the close of re-registration make personal delivery of all envelopes
containing the re-registration cards for such precinct to the county clerk.
Other precinct registrations shall be certified and returned in the same
manner.
(Source: P.A. 91-357, eff. 7-29-99.)
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10 ILCS 5/4-10
(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
Sec. 4-10.
Except as herein provided, no person shall be registered,
unless he applies in person to a registration officer, answers such
relevant questions as may be asked of him by the registration officer,
and executes the affidavit of registration. The registration officer shall
require the applicant to furnish two forms of identification, and except in the
case of a homeless individual, one of which must include his or her residence
address. These forms of identification shall include, but not be limited to,
any of the following: driver's license, social security card, public aid
identification card, utility bill, employee or student identification card,
lease or contract for a residence, credit card, or a civic, union or professional association membership card.
The registration officer shall require a homeless individual to furnish
evidence of his or her use of the mailing address stated. This use may be
demonstrated by a piece of mail addressed to that individual and received at
that address or by a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant for
registration to read or have read to him the affidavit of registration
before permitting him to execute the affidavit.
One of the registration officers or a deputy registration officer,
county clerk, or clerk in the office of the county clerk, shall
administer to all persons who shall personally apply to register the
following oath or affirmation:
"You do solemnly swear (or affirm) that you will fully and truly
answer all such questions as shall be put to you touching your name,
place of residence, place of birth, your qualifications as an elector
and your right as such to register and vote under the laws of the State
of Illinois."
The registration officer shall satisfy himself that each applicant
for registration is qualified to register before registering him. If the
registration officer has reason to believe that the applicant is a resident
of a Soldiers' and Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act, the following question shall be put,
"When you entered the home which is your present address, was it your bona
fide intention to become a resident thereof?" Any voter of a township, city,
village or incorporated town in which such applicant resides, shall be
permitted to be present at the place of any precinct registration and shall
have the right to challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is qualified
he shall forthwith notify such applicant in writing to appear before the
county clerk to complete his registration. Upon the card of such
applicant shall be written the word "incomplete" and no such applicant
shall be permitted to vote unless such registration is satisfactorily
completed as hereinafter provided. No registration shall be taken and
marked as incomplete if information to complete it can be furnished on
the date of the original application.
Any person claiming to be an elector in any election precinct and
whose registration card is marked "Incomplete" may make and sign an
application in writing, under oath, to the county clerk in substance in
the following form:
"I do solemnly swear that I, ...., did on (insert date) make
application to the board of registry of the .... precinct of the township of
.... (or to the county clerk of .... county) and that said board or clerk
refused to complete my registration as a qualified voter in said
precinct. That I reside in said precinct, that I intend to reside in said
precinct, and am a duly qualified voter of said precinct and am entitled to be
registered to vote in said precinct at the next election.
(Signature of applicant) ............................."
All such applications shall be presented to the county clerk or to
his duly authorized representative by the applicant, in person between
the hours of 9:00 a.m. and 5:00 p.m. on any day after the days on
which the 1969 and 1970 precinct re-registrations are held but not on
any day within 27 days preceding the ensuing general election and
thereafter for the registration provided in Section 4-7 all such
applications shall be presented to the county clerk or his duly
authorized representative by the applicant in person between the hours
of 9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding the
ensuing general election. Such application shall be heard by the county
clerk or his duly authorized representative at the time the application
is presented. If the applicant for registration has registered with the
county clerk, such application may be presented to and heard by the
county clerk or by his duly authorized representative upon the dates
specified above or at any time prior thereto designated by the county clerk.
Any otherwise qualified person who is absent from his county of
residence either due to business of the United States or because he is
temporarily outside the territorial limits of the United States may
become registered by mailing an application to the county clerk within
the periods of registration provided for in this Article, or by simultaneous
application for absentee registration and absentee ballot as provided in
Article 20 of this Code.
Upon receipt of such application the county clerk shall immediately
mail an affidavit of registration in duplicate, which affidavit shall
contain the following and such other information as the State Board of
Elections may think it proper to require for the identification of the
applicant:
Name. The name of the applicant, giving surname and first or
Christian name in full, and the middle name or the initial for such
middle name, if any.
Sex.
Residence. The name and number of the street, avenue or other
location of the dwelling, and such additional clear and definite
description as may be necessary to determine the exact location of the
dwelling of the applicant. Where the location cannot be determined by
street and number, then the Section, congressional township and range
number may be used, or such other information as may be necessary,
including post office mailing address.
Term of residence in the State of Illinois and the precinct.
Nativity. The State or country in which the applicant was born.
Citizenship. Whether the applicant is native born or naturalized. If
naturalized, the court, place and date of naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of ...........) )ssCounty of ..........)
I hereby swear (or affirm) that I am a citizen of the United States;
that on the day of the next election I shall have resided in the State
of Illinois and in the election precinct 30 days; that I am
fully qualified to vote, that I am not registered to vote anywhere else
in the United States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return to the State
of Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to administer
oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of Registration, the
county clerk shall transfer the information contained thereon to
duplicate Registration Cards provided for in Section 4-8 of this Article
and shall attach thereto a copy of each of the duplicate affidavit of
registration and thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he had applied
for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
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10 ILCS 5/4-11
(10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
Sec. 4-11.
At least 2 weeks prior to the general November election in
each even numbered year and the consolidated election in
each odd-numbered
year the county clerk shall cause a list to be made for each precinct of
all names upon the registration record cards not marked or erased, in
alphabetical
order, with the address, provided, that such list may be arranged
geographically,
by street and number, in numerical order, with respect to all precincts
in which all, or substantially all residences of voters therein shall be
located upon and numbered along streets, avenues, courts, or other highways
which are either named or numbered, upon direction either of the county
board or of the circuit court. On the list, the county clerk shall indicate,
by italics, asterisk, or other means, the names of all persons who have
registered since the last regularly scheduled election in the consolidated
schedule of elections established in Section 2A-1.1 of this Act. The county
clerk shall cause such precinct lists to be printed
or typed in sufficient numbers to meet all reasonable demands, and
upon application a copy of the same shall be given to any person applying
therefor. By such time, the county clerk shall give the precinct lists
to the chairman of a county central committee of an established political
party, as such party is defined in Section 10-2 of this Act, or to the chairman's
duly authorized representative. Within 30 days of the effective date of
this Amendatory Act of 1983, the county clerk shall give the precinct lists
compiled prior to the general November election of 1982 to the chairman
of county central committee of an established political party or to the
chairman's duly authorized representative.
Prior to the opening of the polls for other elections, the county clerk
shall transmit or deliver to the judges of election of each polling place
a corrected list of registered voters in the precinct, or the names of persons
added to and erased or withdrawn from the list for such precinct. At other
times such list, currently corrected, shall be kept available for public
inspection in the office of the county clerk.
Within 60 days after each general election the county
clerk shall indicate by italics, asterisk, or other means, on the list of
registered voters in each precinct, each registrant who voted at that general
election, and shall provide a copy of such list to the chairman of the county
central committee of each established political party or to the chairman's
duly authorized representative.
Within 60 days after the effective date of this amendatory Act of 1983, the
county clerk shall indicate by italics, asterisk, or other means, on the
list of registered voters in each precinct, each registrant who voted at
the general election of 1982, and shall provide a copy of such coded list
to the chairman
of the county central committee of each established political party or to
the chairman's duly authorized representative.
The county clerk may charge a fee to reimburse the actual
cost of duplicating
each copy of a list provided under either of the 2 preceding paragraphs.
(Source: P.A. 90-358, eff. 1-1-98.)
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10 ILCS 5/4-12
(10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
Sec. 4-12.
Any voter or voters in the township, city, village or
incorporated town containing such precinct, and any precinct committeeman
in the county, may, between the hours of 9:00
a.m. and 5:00 p.m. of Monday and Tuesday of the second week prior to the
week in which the 1970 primary election for the nomination of candidates
for State and county offices or any election thereafter is to be held, make
application in writing, to the county clerk, to have any name upon the
register of any precinct erased. Such application shall be, in substance,
in the words and figures following:
"I being a qualified voter, registered from No. .... Street in the ....
precinct of the .... ward of the city (village or town of) .... (or of the
.... town of ....) do hereby solemnly swear (or affirm) that ....
registered from No. .... Street is not a qualified voter in the ....
precinct of .... ward of the city (village or town) of .... (or of the ....
town of ....) and hence I ask that his name be erased from the register of
such precinct for the following reason .....
Affiant further says that he has personal knowledge of the facts set
forth in the above affidavit.
(Signed) .....
Subscribed and sworn to before me on (insert date).
....
....
....."
Such application shall be signed and sworn to by the applicant before
the county clerk or any deputy authorized by the county clerk for that
purpose, and filed with said clerk. Thereupon notice of such application,
and of the time and place of hearing thereon, with a demand to appear
before the county clerk and show cause why his name shall not be erased
from said register, shall be mailed, in an envelope duly stamped and
directed to such person at the address upon said register, at least four
days before the day fixed in said notice to show cause.
A like notice shall be mailed to the person or persons making the
application to have the name upon such register erased to appear and show
cause why said name should be erased, the notice to set out the day and
hour of such hearing. If the voter making such application fails to appear
before said clerk at the time set for the hearing as fixed in the said
notice or fails to show cause why the name upon such register shall be
erased, the application to erase may be dismissed by the county clerk.
Any voter making the application is privileged from arrest while
presenting it to the county clerk, and while going to and from the office
of the county clerk.
(Source: P.A. 91-357, eff. 7-29-99.)
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10 ILCS 5/4-13
(10 ILCS 5/4-13) (from Ch. 46, par. 4-13)
Sec. 4-13.
A docket of all applications to the county clerk, whether such
application shall be made for the purpose of being registered, or restored,
or for the purpose of erasing a name on the register or for completing
registration, shall be made out in the order of the precincts. The county
clerk shall sit to hear such applications between the hours of 10:00 a.m.
and 5:00 p.m. on Thursday, Friday and Saturday of the second week prior to
the week in which the 1970 primary election for the nomination of
candidates for State and county officers or any election thereafter is to
be held. Witnesses may be sworn and examined upon the hearing of the
applications.
Each person appearing in response to an application to have his name
erased shall deliver to the county clerk a written affidavit, which shall
be, in substance, in the words and figures following:
"I do solemnly swear that I am a citizen of the United States; that I do
reside and have resided in the State of Illinois since the .... day of ....
and in the county of .... in said state since the .... day of .... and in
the .... precinct of the .... ward, in the city, village, incorporated town
or town of .... in said county and state, since the .... day of .... and
that I am .... years of age; and that I am the identical person registered
in said precinct under the name I subscribe hereto."
This affidavit shall be signed and sworn to or affirmed before any
person authorized to administer oaths or affirmations. The decision on each
application shall be announced at once after the hearing, and a minute made
thereof, and when an application to be registered or to be restored to the
register or to complete registration shall be allowed, the county clerk
shall cause a minute to be made upon the original and duplicate
registration record cards.
All applications under this section and all hearings hereinafter
provided may be heard by a deputy county clerk or clerks specially
designated by the county clerk for this purpose, and a decision by a deputy
so designated, shall become the decision of the county clerk upon approval
by the county clerk.
In any case in which the county clerk refuses an application to be
registered or restored or to have a registration completed, or orders a
name erased or stricken from the register, application may be made to the
circuit court to be placed upon the register, and such applications shall
be heard, and appeals taken from refusal of such applications, in the
manner provided in other civil actions. The court may,
at its discretion, hear such applications upon the same days
as are specified in this Section for hearings by the county clerk, and, in such cases,
application to be heard by the court may be made on such days. Forms for
applications to the court shall be furnished by the county clerk.
(Source: P.A. 83-334.)
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10 ILCS 5/4-14
(10 ILCS 5/4-14) (from Ch. 46, par. 4-14)
Sec. 4-14.
In all registrations it shall be the duty of every board of
registry conducting a registration under Section 4-7 of this Article, at
the time of making delivery of its registration records to the county
clerk, to make a report to the clerk listing the names of all registered
persons in such precinct for which it has served as a board of registry
whom it knows or upon information believes to have removed from the
precinct in which such person is registered. Where no further registration
is had under the provisions of Section 4-7 prior to an election, it shall
be the duty of the judges of election of each precinct, on or before
Tuesday three weeks preceding the election, to make a report to the county
clerk listing the names of all registered persons in such precinct whom
they know or on information believe to have removed from the precinct in
which such person is registered. Such report by the board of registry or
the judges of election shall be treated as an application to erase from the
register any name appearing in such report, and notice thereof shall be
given to such person in the manner provided by Section 4-12 of this
Article. If such person does not appear at the time and place designated in
the notice, his registration shall be cancelled by the county clerk.
(Source: Laws 1959, p. 1385.)
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10 ILCS 5/4-14.1
(10 ILCS 5/4-14.1) (from Ch. 46, par. 4-14.1)
Sec. 4-14.1.
Cancelation of deceased voter's registration. Upon establishment of an electronic reporting system for death registrations as provided in the Vital Records Act, the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, may issue certifications of death records from that system and may use that system to cancel the registration of any person who has died during the preceding month. Regardless of whether or not such a system has been established, it is the duty of the county clerk to examine, monthly, the
records deposited in his or her office pursuant to the Vital Records Act that
relate to deaths in the county, and to cancel the registration of any
person who has died during the preceding month.
(Source: P.A. 96-1484, eff. 1-1-11.)
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10 ILCS 5/4-15
(10 ILCS 5/4-15) (from Ch. 46, par. 4-15)
Sec. 4-15.
Within 5 days after a person registers or transfers his
registration at the office of the county clerk, such clerk shall send by
mail a certificate to such person setting forth the elector's name and
address as it appears upon the registration record card, and shall request
him in case of any error to present the certificate on or before the 7th
day next ensuing at the office of the county clerk in order to secure
correction of the error. The certificate shall contain on the outside a
request for the postmaster to return it within 5 days if it cannot be
delivered to the addressee at the address given thereon. Upon the return by
the post office of a certificate which it has been unable to deliver at the
given address because the addressee cannot be found there or because no
such address exists, a notice shall be at once sent through the United
States mail to such person at the address appearing upon his registration
record card requiring him to appear before the county clerk, within 5 days,
to answer questions touching his right to register. If the person notified
fails to appear at the county clerk's office within 5 days as directed or
if he appears and fails to prove his right to register, the county clerk
shall mark his registration card as incomplete and he shall not be
permitted to vote until his registration is satisfactorily completed.
If an elector possesses such a certificate valid on its face, if his
name does not expressly appear to have been erased or withdrawn from the
precinct list as corrected and revised as provided by Section 4-11 of this
Article, if he makes an affidavit and attaches such certificate thereto,
and if such affidavit substantially in the form prescribed in Section 17-10
of this Act is sworn to before a judge of election on suitable forms
provided by the county clerk for that purpose, such elector shall be
permitted to vote even though his duplicate registration card is not to be
found in the precinct binder and even though his name is not to be found
upon the printed or any other list.
(Source: Laws 1961, p. 3394.)
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10 ILCS 5/4-16
(10 ILCS 5/4-16) (from Ch. 46, par. 4-16)
Sec. 4-16. Any registered voter who changes his residence from one address
to another within the same county wherein this Article is in effect, may
have his registration transferred to his new address by making and signing
an application for change of residence address upon a form to be provided
by the county clerk. Such application must be made to the office of the
county clerk and may be made either in person or by mail. In case the
person is unable to sign his name, the county clerk shall require him to
execute the application in the presence of the county clerk or of his
properly authorized representative, by his mark, and if satisfied of the
identity of the person, the county clerk shall make the transfer.
Upon receipt of the application, the county clerk, or one of his
employees deputized to take registrations shall cause the signature of the
voter and the data appearing upon the application to be compared with the
signature and data on the registration record card, and if it appears that
the applicant is the same person as the person previously registered under
that name the transfer shall be made.
No transfers of registration under the provisions of this Section shall
be made during the 27 days preceding any election at which such
voter would
be entitled to vote. When a removal of a registered voter takes place from
one address to another within the same precinct within a period during
which a transfer of registration cannot be made
before any election or primary, he shall be entitled to vote upon
presenting the judges of election his affidavit substantially in the form
prescribed in Section 17-10 of this Act of a change of residence address
within the precinct on a date therein specified.
The county clerk may obtain information from utility companies, city,
village, incorporated town and township records, the post office, or from
other sources, regarding the removal of registered voters, and may treat
such information, and information procured from his death and marriage
records on file in his office, as an application to erase from the register
any name concerning which he may so have information that the voter is no
longer qualified to vote under the name, or from the address from which
registered, and give notice thereof in the manner provided by Section 4-12
of this Article, and notify voters who have changed their address that a
transfer of registration may be made in the manner provided in this
Section enclosing a form therefor.
If any person be registered by error in a precinct other than that in
which he resides, the county clerk may transfer his registration to the
proper precinct, and if the error is or may be on the part of the
registration officials, and is disclosed too late before an election or
primary to mail the certificate required by Section 4-15, such certificate
may be personally delivered to the voter and he may vote thereon as therein
provided, but such certificates so issued shall be specially listed with
the reason for the issuance thereof.
Where a revision or rearrangement of precincts is made by the county
board, the county clerk shall immediately transfer to the proper precinct
the registration of any voter affected by such revision or rearrangement of
the precinct; make the proper notations on the registration cards of a
voter affected by the revision or rearrangement and shall issue revised
certificates to each registrant of such change.
Any registered voter who changes his or her name by marriage or
otherwise shall be required to register anew and authorize the cancellation
of the previous registration; but if the voter still resides in the same
precinct
the elector may, if otherwise
qualified, vote upon making an affidavit at the polling place attesting that the voter is the same person who is registered to vote under his or her former name. The affidavit shall be treated by the election authority as authorization to cancel the registration under the former name, and the election authority shall register the person under his or her current name.
The precinct election officials shall report to the county clerk the
names and addresses of all persons who have changed their addresses and
voted, which shall be treated as an application to change address
accordingly, and the names and addresses of all persons otherwise voting by
affidavit as in this Section provided, which shall be treated as an
application to erase under Section 4-12 hereof.
(Source: P.A. 94-645, eff. 8-22-05.)
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10 ILCS 5/4-17
(10 ILCS 5/4-17) (from Ch. 46, par. 4-17)
Sec. 4-17.
Following the general election in November, 1946, and
following the November election every 4 years thereafter, the county
clerk shall examine the registration record cards, and shall send to
every voter who has not voted during the preceding four years a notice
through the mails, substantially as follows:
Notice of suspension of registration:
"You are hereby notified that your registration will be cancelled
according to law for failure to vote during the last 4 years, unless you
apply for reinstatement within 30 days. You may reinstate your
registration by signing the statement below and returning it to this
office or by making application in person to do so."
Application for reinstatement of registration:
"I do hereby certify that I still reside at the address from which I
am registered and apply for reinstatement of my registration.
Signed ....
Present Address ....
Date ...."
In case the elector is unable to sign his name, the application for
reinstatement shall be made at the office of the county clerk, or in the
case of an elector, absent from the county of his residence, it shall be
made before the clerk of a circuit court in the county in which the
elector is temporarily detained.
After the expiration of 30 days the county clerk shall cancel the
registration of all electors thus notified who have not applied for
reinstatement.
A proper entry shall be made on the registration record cards for all
electors whose registrations are reinstated. Any elector whose
registration has been cancelled for failure to vote may register again
by making the application therefor in the manner provided by this
Article 4. When a registration is cancelled or erased under this or
other sections of this Article 4, a proper entry shall be made on the
original and duplicate registration cards by the county clerk, which
shall then be placed in a file of cancelled registrations and shall be
preserved for 2 years from date of cancellation. The county clerk shall,
however, place the cancelled cards in a suspense file, and reinstate them
at any time within such 2 year suspense period, when a person's registration
is cancelled
under this or other sections of this Article for failure to apply for
reinstatement or to appear in proper time, and there is sufficient
subsequent showing that he is a duly qualified elector.
(Source: P.A. 81-155.)
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10 ILCS 5/4-18
(10 ILCS 5/4-18) (from Ch. 46, par. 4-18)
Sec. 4-18.
The county clerk on his or her own initiative or upon
the order of the county board or of the circuit court
shall at all times have authority to conduct investigations and to make
canvasses of the registered voters in any precinct by other methods than
those prescribed herein, and shall at all times have authority to cancel
registration in the manner provided by this section. Canvassers appointed
for such canvasses and investigations
shall be appointed by the county clerk; shall be confirmed by the circuit
court in the manner provided by Section 13-3 of this Act for the confirmation of
judges of election; shall be officers of that court; and shall be subject
to the same control and punishment as judges of election. If upon the basis
of investigation or canvasses, the county clerk is of the opinion that any
person registered under this Article 4 is not a qualified voter or has
ceased to be a qualified voter, he or she shall send a notice through
the United States mail to such person, requiring him or her to appear
before the county clerk
for a hearing within 5 days after the date of mailing the notice and show
cause why his or her registration shall not be cancelled. If such person
fails to appear within such time as provided, his or her registration
shall be cancelled. If such person does appear, he or she shall execute
an affidavit similar in every respect to the affidavit required
of applicants under Section 4-13 of this Article 4.
(Source: P.A. 83-334.)
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10 ILCS 5/4-18.01
(10 ILCS 5/4-18.01) (from Ch. 46, par. 4-18.01)
Sec. 4-18.01.
Each registered voter lacking a permanent abode shall be
canvassed by the county clerk before each election. The canvass shall be by
mail sent not later than 49 days preceding the election to the mailing
address listed on the voter's registration record card. The clerk shall
include in the mailing a postage prepaid return postcard. The voter must
certify on the postcard his or her continued residence at the registration
address and mail the postcard back to the clerk so that it is postmarked no
later than the 26th day preceding the election.
If an application for registration is presented within the 49 day period
preceding an election, then this Section shall not apply and the provisions
of this Article with respect to the mailing of a verification of a
registration notice shall be a canvass, except that such notice shall be
mailed to the registrant's mailing address.
(Source: P.A. 87-1241.)
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10 ILCS 5/4-19
(10 ILCS 5/4-19) (from Ch. 46, par. 4-19)
Sec. 4-19.
If either the original or duplicate registration card, or both,
of any elector shall be lost, destroyed or mutilated in whole or in part,
the county clerk shall prepare two new registration cards, an original and
a duplicate and shall require the execution of a new registration affidavit
by such elector, and if any such elector shall refuse to execute the
affidavit within thirty days after the mailing of a notice to him at the
last address from which he has registered, then his registration shall be
cancelled.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/4-20
(10 ILCS 5/4-20) (from Ch. 46, par. 4-20)
Sec. 4-20.
The original registration cards shall remain permanently
in the office of the county clerk except as destroyed as provided in
Section 4-5.01; shall be filed alphabetically without regard to
precincts; and shall be known as the master file. The duplicate
registration cards shall constitute the official registry of voters for
all elections subject to the provisions of this Article 4, shall be
filed by precincts alphabetically or geographically so as to correspond
with the arrangement of the list for such precincts respectively,
compiled pursuant to Section 4-11 of this Article, and shall be known as
the precinct file. The duplicate cards for use in conducting elections
shall be delivered to the judges of election by the county clerk in a
suitable binder or other device, which shall be locked and sealed in
accordance with the directions to be given by the county clerk and shall
also be suitably indexed for convenient use by the precinct officers. The
duplicate cards
shall be delivered to the judges of
election for use at the polls for elections at the same time as the
official ballots are delivered to them, and shall be returned to the
county clerk by the judges of election within the time provided for the
return of the official ballots. The county clerk shall determine the
manner of delivery and return of such duplicate cards,
and shall at all other times retain them at his office except for such
use of them as may be made under this Article with respect to
registration not at the office of the county clerk.
(Source: P.A. 80-1469.)
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10 ILCS 5/4-21
(10 ILCS 5/4-21) (from Ch. 46, par. 4-21)
Sec. 4-21.
For use in connection with referenda and the nonpartisan
and consolidated elections, each election authority shall maintain
permanent records of the boundaries of all political subdivisions
partially or wholly within its jurisdiction and any districts thereof,
and shall maintain permanent records indicating by tax extension number
code for each registered
voter the political subdivisions and any districts thereof in which that
voter resides. Such records may be kept on the registration record
cards or on separate registration lists, or if a method other than record
coding by tax extension numbers as adopted by an election authority,
such method shall be, approved by the State Board of Elections. Each political
subdivision must, no later than 5 days after any redistricting, annexation,
disconnection or other boundary change is adopted, give notice of any
such adoption and the effective date of such act to each election
authority having election jurisdiction over any of its former or new
territory.
Each election authority must make available to election judges for
use on election day, records indicating by tax extension number code or
other method approved by the State Board of Elections for each registered
voter, the political subdivisions in which that voter resides. For the
purposes of election day use by election judges, such records must be kept
on the registration record cards or on separate registration lists.
(Source: P.A. 84-861.)
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10 ILCS 5/4-22
(10 ILCS 5/4-22) (from Ch. 46, par. 4-22)
Sec. 4-22.
Except as otherwise provided in this Section upon application
to vote each registered elector shall sign his name or make his mark as the
case may be, on a certificate substantially as follows:
CERTIFICATE OF REGISTERED VOTER
City of ....... Ward ....... Precinct .......
Election ....... (Date) ....... (Month) ....... (Year)
Registration Record .......
Checked by .......
Voter's number ....
INSTRUCTION TO VOTERS
Sign this certificate and hand it to the election officer in charge. After
the registration record has been checked, the officer will hand it back
to you. Whereupon you shall present it to the officer in charge of the ballots.
I hereby certify that I am registered from the address below and am qualified to vote.
Signature of voter .......
residence address .......
An individual shall not be required to provide his social
security number when applying for a ballot. He shall not be denied a
ballot, nor shall his ballot be challenged, solely because of his refusal
to provide his social security number.
Nothing in this Act prevents an individual from being requested
to provide his social security number when the individual applies for a
ballot.
If, however, the certificate contains a space for the individual's
social security number, the following notice shall appear on the
certificate, immediately above such space,
in bold-face capital letters, in type the size of which
equals the largest type on the certificate:
"THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE HIS OR HER SOCIAL
SECURITY NUMBER."
The certificates of each State-wide political party at a general primary election
shall be separately printed upon paper of uniform quality, texture and size,
but the certificates of no 2 State-wide political parties shall be of the
same color or tint. However, if the election authority provides computer
generated applications with the precinct, ballot style and voter's name
and address preprinted on the application, a single application may be used
for State-wide political parties if it contains spaces or check-off boxes
to indicate the political party. Such application shall not entitle the
voter to vote in the primary of more than one political party at the same election.
At the consolidated primary, such certificates may contain spaces or checkoff
boxes permitting the voter to request a primary ballot of any other political
party which is established only within a political subdivision and for which
a primary is conducted on the same election day. Such application shall
not entitle the voter
to vote in both the primary of the State-wide political party and the primary
of the local political party with respect to the offices of the same political
subdivision. In no event may a voter vote in more than one State-wide primary
on the same day.
The judges in charge of the precinct registration files shall compare the
signature upon such certificate with the signature on the registration record
card as a means of identifying the voter. Unless satisfied by such comparison
that the applicant to vote is the identical person who is registered under
the same name, the judges shall ask such applicant the questions for identification
which appear on the registration card, and if the applicant does not prove
to the satisfaction of a majority of the judges of the election precinct
that he is the identical person registered under the name in question then
the vote of such applicant shall be challenged by a judge of election, and
the same procedure
followed as provided by law for challenged voters.
In case the elector is unable to sign his name, a judge of election shall
check the data on the registration card and shall check the address given,
with the registered address, in order to determine whether he is entitled to vote.
One of the judges of election shall check the certificate of each applicant
for a ballot after the registration record has been examined, and shall
sign his initials on the certificate in the space provided therefor, and
shall enter upon such certificate the number of the voter in the place provided
therefor, and make an entry in the voting record space on the registration
record, to indicate whether or not the applicant voted. Such judge shall
then hand such certificate back to the applicant in case he is permitted
to vote, and such applicant shall hand it to the judge of election in charge
of the ballots. The certificates of the voters shall be filed in the order
in which they are received and shall constitute an official poll record.
The term "poll lists" and "poll books", where used in this Article, shall
be construed to apply to such official poll record.
After each general primary election the county clerk shall indicate by
color code or other means next to the name of each registrant on the list
of registered voters in each precinct the primary ballot of a political
party that the registrant requested at that general primary election. The
county clerk, within 60 days after the general primary election, shall provide
a copy of this coded list to the chairman of the county central committee
of each established political party or to the chairman's duly authorized representative.
Within 60 days after the effective date of this amendatory Act of 1983,
the county clerk shall provide to the chairman of the county central committee
of each established political party or to the chairman's duly authorized
representative
the list of registered voters in each precinct at the time of the general
primary election of 1982 and shall indicate on such list by color code or
other means next to the name of a registrant the primary ballot of a political
party that the registrant requested at the general primary election of 1982.
The county clerk may charge a fee to reimburse the actual
cost of duplicating
each copy of a list provided under either of the 2 preceding paragraphs.
Where an elector makes application to vote by signing and presenting the
certificate provided by this Section, and his registration record card is
not found in the precinct registry of voters, but his name appears as that
of a registered voter in such precinct upon the printed precinct register
as corrected or revised by the supplemental list, or upon the consolidated
list, if any, and whose name has not been erased or withdrawn from such
register, the printed precinct register as corrected or revised by the supplemental
list, or consolidated list, if any, shall be prima facie evidence of the
elector's right to vote upon compliance with the provisions hereinafter
set forth in this Section. In such event one of the judges of election
shall require an affidavit by such person and one voter residing in the
precinct before the judges of election, substantially in the form prescribed
in Section 17-10 of this Act, and upon the presentation of such affidavits,
a certificate shall be issued to such elector, and upon the presentation
of such certificate and affidavits, he shall be entitled to vote.
Provided, however, that applications for ballots made by registered voters
under the provisions of Article 19 of this Act shall be accepted by the
Judges of Election in lieu of the "Certificate of Registered Voter" provided
for in this Section.
When the county clerk delivers to the judges of election for use at the
polls a supplemental or consolidated list of the printed precinct register,
he shall give a copy of the supplemental or consolidated list to the chairman
of a county central committee of an established political party or to the
chairman's duly authorized representative.
Whenever 2 or more elections occur simultaneously, the election authority
charged with the duty of providing application certificates may prescribe
the form thereof so that a voter is required to execute only one, indicating
in which of the elections he desires to vote.
After the signature has been verified, the judges shall determine in which
political subdivisions the voter resides by use of the information contained
on the voter registration cards or the separate registration lists or other
means approved by the State Board of Elections and prepared and supplied
by the election authority. The voter's certificate shall be so marked by
the judges as to
show the respective ballots which the voter is given.
(Source: P.A. 84-809.)
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10 ILCS 5/4-23
(10 ILCS 5/4-23) (from Ch. 46, par. 4-23)
Sec. 4-23.
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 are,
at the time of the election, or at any time within 60 days prior to
such election have been, engaged in the military or naval service of
the United States, and who appear personally at the polling place on
election day and produce to the judges of election satisfactory
evidence thereof, but such persons, if otherwise qualified to vote,
shall be permitted to vote at such election without previous registration.
All such persons shall also make an affidavit which shall be
in substantially the following form:
"State of Illinois) ) ss.County of ........)
............ Precinct ............ Ward
I, ..............., do solemnly swear (or affirm), that I am a
citizen of the United States, of the age of 18 years or over, and that
within the past 60 days prior to the date of this election at which I
am applying to vote, I have been engaged in the .... (military or
naval) service of the United States; and I am qualified to vote under
and by virtue of the Constitution and laws of the State of Illinois, and
that I am a legally qualified voter of this precinct and ward except
that I have, because of such service, been unable to register as a
voter; that I now reside at .... (insert street and number, if any) in
this precinct and ward, that I have maintained a legal residence in this
precinct and ward for 30 days and in the State 30 days next preceding
this election.
......................
Subscribed and sworn to before me on (insert date).
......................
Judge of Election."
The affidavit of any such person shall be supported by the affidavit
of a resident and qualified voter of any such precinct and ward, which
affidavit shall be in substantially the following form:
"State of Illinois) ) ss.County of ........)
................ Precinct ............... Ward
I, ...., do solemnly swear (or affirm), that I am a resident of this
precinct and ward and entitled to vote at this election; that I am
acquainted with .... (name of the applicant); that I verily believe him
or her to be an actual bona fide resident of this precinct and ward and that I
verily believe that he or she has maintained a legal residence therein 30 days,
and in this State 30 days next preceding this election.
......................
Subscribed and sworn to before me on (insert date).
......................
Judge of Election."
(Source: P.A. 91-357, eff. 7-29-99.)
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10 ILCS 5/4-24
(10 ILCS 5/4-24) (from Ch. 46, par. 4-24)
Sec. 4-24.
In the event that any city, village or incorporated town within
a county shall become subject to the authority of a board of election
commissioners, by the adoption of Articles 6, 14 and 18 of this Act, or
shall cease to be subject to the authority of such a board, by the
abandonment of said Articles, it shall not be necessary for the registered
voters in the area affected by such action to register again, either under
this Article or under Article 6 of this Act unless they are not
re-registered under the 1969 and 1970 re-registration provisions in
counties where such provisions are applicable.
This Article 4 shall immediately become effective in any area of a
county that ceases to be subject to the authority of a board of election
commissioners.
Within 24 hours after the court has entered its
order declaring Articles 6, 14 and 18 of this Act adopted by any city, village
or incorporated town or rejected by the voters of any city, village or
incorporated town, after having been in effect therein, it shall be the
duty of the board of election commissioners or of the county clerk, as the
case may be, to turn over to the officer or officers thereafter to be
charged with the registration of voters within the area affected (the
county clerk or board of election commissioners, as the case may be) the
original and duplicate registration cards of all persons affected by the
adoption or rejection of said Articles 6, 14 and 18 of this Act; and at the
same time to turn over all forms, papers and other instruments pertaining
to the registration of voters within the area affected, and all booths,
ballot boxes and election equipment formerly used in conducting elections
in such area.
The original registration cards of the voters turned over to the county
clerk or board of election commissioners, as the case may be, shall be
placed in a master file together with the registration cards of all voters
who previously registered under the provisions of this Article or of
Articles 6, 14 and 18 of this Act, as the case may be, and said cards shall
then become part of the official registration record required to be kept in
the office of the county clerk or of the board of election commissioners,
as the case may be.
The duplicate cards shall be arranged in precinct order and shall be
retained in the office of the county clerk or of the board of election
commissioners, as the case may be, for the use in conducting elections.
Such duplicate cards shall become part of the official registration record
required to be kept in the office of the county clerk or of the board of
election commissioners, as the case may be.
(Source: P.A. 83-334.)
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10 ILCS 5/4-24.1
(10 ILCS 5/4-24.1) (from Ch. 46, par. 4-24.1)
Sec. 4-24.1.
If any area becomes subject to a board of election
commissioners by reason of annexation to a city, village or incorporated
town subject to such a board or ceases to be subject to a board of election
commissioners by reason of disconnection from such a city, village or
incorporated town, it shall not be necessary for the registered voters in
such area to register again, either under this Article or Article 6.
As soon as practicable after such annexation or disconnection, the
county clerk or board of election commissioners, as the case may be, shall
turn over to officer or officers thereafter to be charged with the
registration of voters within the area affected (the board of election
commissioners or county clerk, as the case may be) the original and
duplicate registration cards of all registered voters in the annexed or
disconnected area.
(Source: Laws 1967, p. 405.)
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10 ILCS 5/4-25
(10 ILCS 5/4-25) (from Ch. 46, par. 4-25)
Sec. 4-25.
The compensation of the deputy registrars and judges of
registration appointed by the county board to conduct the registrations
under Section 4-6.3 and Section 4-7, shall be fixed by the county board,
but in no case shall such compensation be less than $15 nor more than
$25 per day for each day actually employed at the registration, canvass
and revision and such deputy registrars and judges of registration shall
also be compensated at the rate of five cents per mile for each mile
actually traveled in calling at the county clerk's office for
registration cards and returning them to said officer.
The State Board of Elections shall reimburse each county for the
amount of the increase in compensation under this Section provided by
this amendatory Act from funds appropriated for that purpose.
(Source: P.A. 84-1308.)
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10 ILCS 5/4-27
(10 ILCS 5/4-27) (from Ch. 46, par. 4-27)
Sec. 4-27.
At each regular special or primary election to which this
Article 4 is applicable, the judges of election shall personally affix all
affidavits made before them in accordance with the provisions of Sections
4-15, 4-16, 4-22, 4-23, 7-45 or 17-10, respectively, to the
respective applications to vote.
Persons voting for whom no registration card is found in the master file
or precinct binder shall be investigated by the county clerk or persons in
his office, as shall likewise be investigated the correctness of affidavits
filed under the provisions of the Sections hereinbefore in this Section
enumerated. If from such investigation the county clerk shall be satisfied
that the provisions of this Article have been violated, or that any person
has voted who was not qualified so to do, he shall make a complete report
to the State's Attorney of the County, attaching thereto a correct copy of
the application to vote and any affidavit which may have been executed by
the voter and supporting witnesses, if any. The State's Attorney shall
prosecute all such reports of fraud if on the basis of the facts so
reported, and of any additional investigation he may cause to be made, he
shall be satisfied that a knowing violation of this Article or of this Act
has been committed. The County Clerk shall further file with the circuit
court, for such action as is provided in cases of the misbehavior of judges
of election, a copy of any such report in which it shall appear that the
judges of election knowingly permitted a person to vote who was not
qualified so to do under the provisions of this Article or of this Act, or
otherwise were guilty of a knowing breach of their duties as such under
this Act.
(Source: Laws 1965, p. 3481.)
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10 ILCS 5/4-28
(10 ILCS 5/4-28) (from Ch. 46, par. 4-28)
Sec. 4-28.
During the hours of registration or revision of registration no
person shall bring, take, order or send into, or shall attempt to bring,
take or send into any place of registration or revision of registration,
any distilled or spirituous liquors whatever; or shall, at any such time
and place drink or partake of such liquor.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/4-30
(10 ILCS 5/4-30) (from Ch. 46, par. 4-30)
Sec. 4-30.
The county clerk on his own initiative or upon order of
the county board shall at all times have authority to
conduct investigation and to make canvasses of the registered voters in
any precinct canvass or at other times and by other methods than those
so prescribed. However, the county clerk shall at least once in every 2
years conduct a verification of voter registrations and shall cause the
cancellation of registration of persons who have ceased to be qualified
voters. Such verification shall be accomplished by one of the
following methods: (1) precinct canvass conducted by 2 qualified
persons of opposite party affiliation appointed by the county clerk or (2)
written request for verification sent to each registered voter by first
class mail, not forwardable or (3) an alternative method of verification
submitted in writing to and approved by the State Board of Elections at
a public meeting not less than 60 days prior to the date on which the county
clerk has fixed for implementation of that method of verification; provided,
that the county clerk shall submit to the State Board of Elections
a written statement of the results obtained by use of such alternative method
within 30 days of completion of the verification. Provided that in
each precinct one canvasser may be appointed from outside such precinct
if not enough other qualified persons who reside within the precinct can
be found to serve as canvasser in such precinct. The one canvasser so
appointed to serve in any precinct in which he is not entitled to vote
prior to the election must be entitled to vote elsewhere within the ward,
township or road district which includes within its boundaries the precinct
in which such canvasser is appointed and such canvasser must be otherwise
qualified. If upon the basis of investigation or canvasses, the county
clerk shall be of the opinion that any person registered under this
Article is not a qualified voter or has ceased to be a qualified
voter, he shall send a notice through the United States mail to such
person, requiring him to appear before the county clerk for a hearing
within ten days after the date of mailing such notice and show cause why
his registration shall not be cancelled. If such person fails to appear
within such time as provided, his registration shall be cancelled. If
such a person does appear, he shall make an affidavit similar in every
respect to the affidavit required of applicants under Section 4-13 and his
registration shall be reinstated.
If the county clerk cancels such registration upon the voter failing
to appear, the county clerk shall immediately
request of the clerk of the city, village or incorporated town in which
the person claimed residence, to return the triplicate card of
registration of the said person and within twenty-four hours after
receipt of said request, the said clerk shall mail or cause to be
delivered to the county clerk the triplicate card of registration of the
said person and the said triplicate card shall thereupon be cancelled by
the county clerk.
(Source: P.A. 84-1308.)
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10 ILCS 5/4-31
(10 ILCS 5/4-31) (from Ch. 46, par. 4-31)
Sec. 4-31.
In any county in which there is a municipality under the jurisdiction
of a board of election commissioners, the county clerk and his appointed
deputy registrars shall accept the registration of qualified persons residing
within such municipality and shall transmit the completed registration
to the board of election commissioners prior to the close of registration
before an election.
(Source: P.A. 83-1059.)
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10 ILCS 5/4-33
(10 ILCS 5/4-33)
Sec. 4-33.
Computerization of voter records.
(a) The State Board of Elections shall design a registration record card
that, except as otherwise provided in this Section, shall be used in duplicate
by all election authorities in the State adopting a computer-based voter
registration file as provided in this Section. The Board shall prescribe the
form
and specifications, including but not limited to the weight of paper, color,
and print of the cards. The cards shall contain boxes or spaces for the
information required under Sections 4-8 and 4-21; provided that
the cards shall also contain: (i) A space for a person to fill in his or her
Illinois driver's license number if the person has a driver's license; (ii) A
space for a person without a driver's license to fill in the last four digits
of his or her social security number if the person has a social security
number.
(b) The election authority may develop and implement a system
to prepare,
use, and maintain a computer-based voter registration file that includes a
computer-stored image of the signature of each voter. The computer-based voter
registration file may be used for all purposes for which the original
registration cards are to be used, provided that a system for the storage of at
least one copy of the original registration cards remains in effect.
The electronic file shall be the master file.
(c) Any system created, used, and maintained under subsection
(b) of this
Section shall meet the following standards:
(1) Access to any computer-based voter registration |
| file shall be limited to those persons authorized by the election authority, and each access to the computer-based voter registration file, other than an access solely for inquiry, shall be recorded.
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(2) No copy, summary, list, abstract, or index of any
| | computer-based voter registration file that includes any computer-stored image of the signature of any registered voter shall be made available to the public outside of the offices of the election authority.
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(3) Any copy, summary, list, abstract, or index of
| | any computer-based voter registration file that includes a computer-stored image of the signature of a registered voter shall be produced in such a manner that it cannot be reproduced.
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(4) Each person desiring to vote shall sign an
| | application for a ballot, and the signature comparison authorized in Articles 17 and 18 of this Code may be made to a copy of the computer-stored image of the signature of the registered voter.
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(5) Any voter list produced from a computer-based
| | voter registration file that includes computer-stored images of the signatures of registered voters and is used in a polling place during an election shall be preserved by the election authority in secure storage until the end of the second calendar year following the election in which it was used.
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(d) Before the first election in which the election authority
elects to use
a voter list produced from the computer-stored images of the signatures of
registered voters in a computer-based voter registration file for signature
comparison in a polling place, the State Board of Elections shall certify that
the system used by the election authority complies with the standards set forth
in this Section. The State Board of Elections may request a sample poll list
intended to be used in a polling place to test the accuracy of the list and the
adequacy of the computer-stored images of the signatures of the registered
voters.
(e) With respect to a jurisdiction that has copied all of its
voter
signatures into a computer-based registration file, all references in this Act
or any other Act to the use, other than storage, of paper-based voter
registration records shall be deemed to refer to their computer-based
equivalents.
(f) Nothing in this Section prevents an election authority from
submitting to the State Board of Elections a duplicate copy of some, as the
State Board of Elections shall determine, or all of the data contained in each
voter registration record that is part of the electronic master file. The
duplicate copy of the registration record shall be maintained by the State
Board of Elections under the same terms and limitations applicable to the
election authority and shall be of equal legal dignity with the original
registration record maintained by the election authority as proof of any fact
contained in the voter registration record.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/4-50 (10 ILCS 5/4-50) Sec. 4-50. Grace period. Notwithstanding any other provision of this
Code to the contrary, each election authority shall
establish procedures for the registration of voters and for change of address during the period from the close of
registration for a primary or election and until the 3rd day before the
primary or election. During this grace period, an unregistered qualified
elector may
register to vote, and a registered voter may submit a change of address form, in person in the office of the election
authority or at a voter registration location specifically designated for this
purpose by the election authority. The election authority shall
register that individual, or change a registered voter's address, in the same manner as otherwise provided by this Article for registration and change of address. If a voter who registers or changes address during this grace period wishes to vote at the first election or primary occurring after the grace period, he or she must do so by grace period voting, either in person in the office of the election authority or at a location specifically designated for this purpose by the election authority, or by mail, at the discretion of the election authority. Grace period voting shall be in a manner substantially similar to voting under Article 19. Within one day after a voter casts a grace period ballot, the election authority shall transmit the voter's name, street address, and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections, which shall maintain those names and that information in an electronic format on its website, arranged by county and accessible to State and local political committees. The name of each person issued a grace period ballot shall also be placed on the appropriate precinct list of persons to whom absentee and early ballots have been issued, for use as provided in Sections 17-9 and 18-5. A person who casts a grace period ballot shall not be permitted to revoke that ballot and vote another ballot with respect to that primary or election. Ballots cast by persons who register or change address during the grace period must be transmitted to and counted at the election authority's central ballot counting location and shall not be transmitted to and counted at precinct polling places.
The grace period ballots determined to be valid shall be added to the vote totals for the precincts for which they were cast in the order in which the ballots were opened.
(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)|
10 ILCS 5/4-105 (10 ILCS 5/4-105)
Sec. 4-105. First time voting. A person must vote for the first time in person and not by a mailed absentee ballot if the person registered to vote by mail, unless the person first provides the appropriate election authority with sufficient proof of identity and the election authority verifies the person's proof of identity. Sufficient proof of identity shall be demonstrated by submission of the person's driver's license number or State identification card number or, if the person does not have either of those, verification by the last 4 digits of the person's social security number, a copy of a current and valid photo identification, or a copy of a current utility bill, bank statement, paycheck, government check, or other federal, State, or local government document that shows the person's name and address. A person may also demonstrate sufficient proof of identity by submission of a photo identification issued by a college or university accompanied by either a copy of the applicant's contract or lease for a residence or any postmarked mail delivered to the applicant at his or her current residence address. Persons who apply to register to vote by mail but provide inadequate proof of identity to the election authority shall be notified by the election authority that the registration has not been fully completed and that the person remains ineligible to vote by mail or in person until such proof is presented.
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)|
10 ILCS 5/Art. 5
(10 ILCS 5/Art. 5 heading)
ARTICLE 5.
REGISTRATION OF ELECTORS
IN COUNTIES HAVING A POPULATION OF
500,000 OR MORE
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10 ILCS 5/5-1
(10 ILCS 5/5-1) (from Ch. 46, par. 5-1)
Sec. 5-1.
Except as hereinafter provided, it shall be unlawful for
any person residing in a county containing a population of 500,000 or
more, to vote at any election, unless such person is at the
time of such election a registered voter under the requirements of this
Article 5 or is exempt under Section 5-29.01 from registration.
Provided, that this Article 5 shall not apply to electors residing in
cities, villages, and incorporated towns in this State which have
adopted or are operating under Article 6, 14 and 18 of this Act, or to
electors voting pursuant to Article 20 of this Act.
(Source: P.A. 80-1469.)
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10 ILCS 5/5-2
(10 ILCS 5/5-2) (from Ch. 46, par. 5-2)
Sec. 5-2.
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 Article 5 Article 3 is controlling.
(Source: P.A. 81-953.)
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10 ILCS 5/5-3
(10 ILCS 5/5-3) (from Ch. 46, par. 5-3)
Sec. 5-3.
The Board of County Commissioners shall appoint the place of
registry in each precinct for any precinct registration under Section 5-17
of this Article 5. 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. 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 Commissioners.
Such officers of the law shall be furnished by the Chief of Police or
Sheriff and shall be stationed in the place or places of registration in
such manner as the County Clerk shall direct, and during such assignment
shall be under the direction and control of the County Clerk.
(Source: Laws 1967, p. 1200.)
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10 ILCS 5/5-4
(10 ILCS 5/5-4) (from Ch. 46, par. 5-4)
Sec. 5-4.
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 5 is in effect. The clerk and
a duly appointed deputy clerk of each city, village, incorporated town and
township in which all or any part of the territory in which this Article 5
is in effect shall be deputy registration officers.
(Source: P.A. 83-1059.)
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10 ILCS 5/5-5
(10 ILCS 5/5-5) (from Ch. 46, par. 5-5)
Sec. 5-5.
For the purpose of registering voters under this Article 5, in
addition to the method provided for precinct registration under Sections
5-6 and 5-17 of this Article 5, the office of the county clerk shall be
open between 9:00 a. m. and 5:00 p. m. on all days except Saturday,
Sunday and holidays, but there shall be no registration at such office
during the 35 days immediately preceding any election required to be held
under the law but if no precinct registration is being conducted prior to
any election then registration may be taken in the office of the county
clerk up to and including the 28th day prior to an election. On
Saturdays,
the hours of registration shall be from 9:00 a. m. to 12:00 p. m. noon.
During such 35 or 27 day period, registration of electors of
political
subdivisions wherein a regular, or special election is required to be held
shall cease and shall not be resumed for the registration of electors of
such political subdivisions until the second day following the day of such
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 the election.
Each county clerk shall appoint one deputy for the purpose of
accepting the registration of any voter who files an affidavit that he
is physically unable to appear at any appointed place of registration.
The county clerk shall designate a deputy to visit each disabled person
and shall accept the registration of each such person as if he had
applied for registration at the office of the county clerk.
The offices of city, village, incorporated town and town clerks shall
also be open for the purpose of registering voters residing in the
territory in which this Article is in effect, and also, in the case of
city, village and incorporated town clerks, for the purpose of registering
voters residing in a portion of the city, village or incorporated town not
located within the county, on all days on which the
office of the county clerk is open for the registration of voters of
such cities, villages, incorporated towns and townships.
(Source: P.A. 92-816, eff. 8-21-02.)
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10 ILCS 5/5-6
(10 ILCS 5/5-6) (from Ch. 46, par. 5-6)
Sec. 5-6.
Subject to the provisions of Section 5-19 of this Article 5,
in addition to the registration authorized at the offices of the County
Clerk, city clerk, town clerk, incorporated town clerk and village clerk
under Section 5-5 of this Article 5, and that provided by Section 5-17 of
this Article 5, there shall be three days of re-registration in each
precinct as established by the Board of County Commissioners for county and
township elections. The first of said three days of re-registration shall
be Friday, September 15, 1961; the second of said three days of
re-registration shall be Friday, October 13, 1961 and the third of said
three days of re-registration shall be Tuesday, March 13, 1962. On each of
the said three days of re-registration the registration places shall open
at eight o'clock a. m. and remain open until nine o'clock p. m. It shall be
the duty of the County Board to appoint the place of registry in each
precinct and the provisions of Section 5-3 of this Article 5 shall apply
thereto.
The re-registration provided by this Article 5 shall constitute a
permanent registration subject to revision and alteration in the manner
hereinafter provided. All registrations shall be upon registration record
cards provided by the County Clerk in accordance with the provisions of
this Article 5.
Immediately following the first day of precinct re-registration in 1961,
all permanent registration records compiled prior to September 15, 1961,
shall be destroyed if no election contest is pending in which such records
are material.
(Source: Laws 1959, p. 1919.)
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10 ILCS 5/5-7
(10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
Sec. 5-7. The county clerk shall provide a sufficient number of
blank forms for the registration of electors which shall be known as
registration record cards and which shall consist of loose leaf sheets
or cards, of suitable size to contain in plain writing and figures the
data hereinafter required thereon or shall consist of computer cards of
suitable nature to contain the data required thereon. The registration
record cards, which shall include an affidavit of registration as
hereinafter provided, shall be executed in duplicate.
The registration record card shall contain the following and such
other information as the county clerk may think it proper to require for
the identification of the applicant for registration:
Name. The name of the applicant, giving surname and first or
Christian name in full, and the middle name or the initial for such
middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or other
location of the dwelling, including the apartment, unit or room number,
if any, and in the case of a mobile home the lot number, and such additional
clear and definite description as may be necessary to determine the exact
location of the dwelling of the applicant, including post-office mailing
address. In the case of a homeless individual, the individual's voting
residence that is his or her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the precinct. Which
questions may be answered by the applicant stating, in excess of 30 days
in the State and in excess of 30 days in the precinct.
Nativity. The State or country in which the applicant was born.
Citizenship. Whether the applicant is native born or naturalized. If
naturalized, the court, place and date of naturalization.
Date of application for registration, i.e., the day, month and year
when applicant presented himself for registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time of
registration, which would require assistance in voting.
The county and state in which the applicant was last registered.
Signature of voter. The applicant, after the registration and in the
presence of a deputy registrar or other officer of registration shall be
required to sign his or her name in ink to the affidavit on the original
and duplicate registration record card.
Signature of Deputy Registrar.
In case applicant is unable to sign his name, he may affix his mark
to the affidavit. In such case the officer empowered to give the
registration oath shall write a detailed description of the applicant in
the space provided at the bottom of the card or sheet; and shall ask the
following questions and record the answers thereto:
Father's first name .......................
Mother's first name .......................
From what address did you last register?
Reason for inability to sign name.
Each applicant for registration shall make an affidavit in
substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois) )ssCounty of )
I hereby swear (or affirm) that I am a citizen of the United States;
that on the date of the next election I shall have resided in the State
of Illinois and in the election precinct in which I reside 30 days; that
I am fully qualified to vote. That I intend that this location shall be
my residence and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
.........................................
Signature of Registration Officer.(To be signed in presence of Registrant.)
Space shall be provided upon the face of each registration record
card for the notation of the voting record of the person registered
thereon.
Each registration record card shall be numbered according to towns
and precincts, wards, cities and villages, as the case may be, and may
be serially or otherwise marked for identification in such manner as the
county clerk may determine.
The registration cards shall be deemed public records and shall be
open to inspection during regular business hours, except during the 27
days immediately preceding any election. On written request of any
candidate or objector or any person intending to object to a petition, the
election authority shall extend its hours for inspection of registration
cards and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10, 8-8, 10-6 or
28-3 and continuing through the termination of electoral board hearings on
any objections to petitions containing signatures of registered voters in
the jurisdiction of the election authority. The extension shall be for a
period of hours sufficient to allow adequate opportunity for examination of
the records but the election authority is not required to extend its hours
beyond the period beginning at its normal opening for business and ending
at midnight. If the business hours are so extended, the election authority
shall post a public notice of such extended hours. Registration record cards
may also be inspected, upon approval of the officer in charge of the cards,
during the 27 days immediately preceding any election. Registration
record
cards shall also be open to inspection by certified judges and poll watchers
and challengers at the polling place on election day, but only to the extent
necessary to determine the question of the right of a person to vote or to
serve as a judge of election. At no time shall poll watchers or challengers be
allowed to physically handle the registration record cards.
Updated copies of computer tapes or computer discs or other electronic data
processing information containing voter registration information shall
be furnished by the county clerk within 10 days after December 15 and
May
15 each year and within 10 days after each registration
period is closed to the State Board of Elections in a form
prescribed by the
Board. For the purposes of this Section, a registration period is closed 27
days before the date of any regular or special election. Registration
information
shall include, but not be limited to, the
following information: name, sex, residence, telephone number, if any, age,
party affiliation, if applicable, precinct, ward, township, county, and
representative, legislative and congressional districts. In the event of
noncompliance, the State Board of Elections is directed to obtain compliance
forthwith with this nondiscretionary duty of the election authority by
instituting legal proceedings in the circuit court of the county in which the
election authority maintains the registration information. The costs of
furnishing updated copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction, but not less than
$50 per tape or disc and shall be paid from appropriations made to the State
Board of Elections for reimbursement to the election authority for such
purpose. The State Board shall furnish copies of such tapes, discs, other electronic
data or compilations thereof to state political committees registered pursuant
to the Illinois Campaign Finance Act or the Federal Election Campaign Act and to governmental entities, at
their request and at a reasonable cost.
To protect the privacy and confidentiality of voter registration information,
the disclosure
of electronic voter registration records to any person or entity other than to a
State or local political
committee and other than to a governmental entity for a governmental
purpose
is specifically prohibited except as follows: subject to security measures adopted by the State Board of Elections which, at a minimum, shall include the keeping of a catalog or database, available for public view, including the name, address, and telephone number of the person viewing the list as well as the time of that viewing, any person may view the centralized statewide voter registration list on a computer screen at the Springfield office of the State Board of Elections, during normal business hours other than during the 27 days before an election, but the person viewing the list under this exception may not print, duplicate, transmit, or alter the list.
Copies of the tapes, discs or other
electronic data shall be furnished by the county clerk to local political
committees and governmental entities at their request and at a reasonable cost. Reasonable cost of the
tapes, discs, et cetera for this purpose would be the cost of duplication plus
15% for administration. The individual representing a political committee
requesting copies of such tapes shall make a sworn affidavit that the
information shall be used only for bona fide political purposes,
including by or for candidates for office or incumbent office holders.
Such tapes, discs or other electronic data shall not be used under any
circumstances by any political committee or individuals for purposes of
commercial solicitation or other business purposes. If such tapes
contain information on county residents related to the operations of
county government in addition to registration information, that
information shall not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in this
Section against using the computer tapes or computer discs or other
electronic data processing information containing voter registration
information for purposes of commercial solicitation or other business
purposes shall be prospective only from the effective date of this
amended Act of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October 1, 1987, such
regulations as may be necessary to ensure uniformity throughout the State
in electronic data processing of voter registration information. The
regulations shall include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to be employed
by the election authorities of this State in the electronic data processing
of voter registration information. Each election authority utilizing
electronic data processing of voter registration information shall comply
with such regulations on and after May 15, 1988.
If the applicant for registration was last registered in another
county within this State, he shall also sign a certificate authorizing
cancellation of the former registration. The certificate shall be in
substantially the following form:
To the County Clerk of .... County, Illinois. To the Election
Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county) (city) and
that my residence was .....
Having moved out of your (county) (city), I hereby authorize you to
cancel said registration in your office.
Dated at .... Illinois, on (insert date).
....................
(Signature of Voter)
Attest ......, County Clerk, ........ County, Illinois.
The cancellation certificate shall be mailed immediately by the
county clerk to the county clerk (or election commission as the case may
be) where the applicant was formerly registered. Receipt of such
certificate shall be full authority for cancellation of any previous
registration.
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; 94-136, eff. 7-7-05.)
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10 ILCS 5/5-7.01
(10 ILCS 5/5-7.01) (from Ch. 46, par. 5-7.01)
Sec. 5-7.01.
If an applicant for registration reports a permanent physical
disability which would require assistance in voting, the county clerk shall
mark all his registration cards in the right margin on the front of the
card with a band of ink running the full margin which shall be of contrast
to, and easily distinguishable from, the color of the card. If an applicant
for registration declares upon properly witnessed oath, with his signature
or mark affixed, that he cannot read the English language and that he will
require assistance in voting, all his registration cards shall be marked in
a manner similar to the marking on the cards of a voter who requires
assistance because of physical disability, except that the marking shall be
of a different distinguishing color. Following each election the cards of
any voter who has requested assistance as a disabled voter, and has stated
that the disability is permanent, or who has received assistance because of
inability to read the English language, shall be marked in the same manner.
(Source: Laws 1967, p. 3524.)
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10 ILCS 5/5-7.02
(10 ILCS 5/5-7.02) (from Ch. 46, par. 5-7.02)
Sec. 5-7.02.
Upon the issuance of a disabled voter's identification card as provided
in Section 19-12.1, the county clerk shall cause the identification number
of such card to be clearly noted on all the registration cards of such voter.
(Source: P.A. 78-320.)
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10 ILCS 5/5-7.03
(10 ILCS 5/5-7.03) (from Ch. 46, par. 5-7.03)
Sec. 5-7.03.
The State Board of Elections shall design a registration
record card which, except as otherwise provided in this Section, shall
be used in triplicate by all election authorities
in the State, except those election authorities adopting a computer-based
voter registration file authorized under Section 5-43. The Board shall prescribe the form and specifications, including
but not limited to the weight of paper, color and print of such cards.
Such cards shall contain boxes or spaces for the information required under
Sections 5-7 and 5-28.1 of this Code; provided, that such cards shall also
contain a box or space for the applicant's social security number, which
shall be required to the extent allowed by law but in no case shall the
applicant provide fewer than the last 4 digits of the social security
number, and a box for
the applicant's telephone number, if available.
Except for those election authorities adopting a computer-based voter
registration file authorized under Section 5-43, the original and duplicate
cards shall respectively constitute the master
file and precinct binder registration records of the voter. A copy shall be given to the applicant upon completion of his or her
registration
or completed transfer of registration.
Whenever a voter moves to another precinct within the same election
jurisdiction or to another election jurisdiction in the State, such voter
may transfer his or her registration by presenting his or her copy to the election authority or a deputy registrar. If such voter is not
in possession of or has lost his or her copy, he or she
may
effect a transfer of registration by executing an Affidavit of Cancellation
of Previous Registration. In the case of a transfer of registration to a
new election jurisdiction, the election authority shall transmit the
voter's copy or such affidavit to the election
authority of the
voter's former election jurisdiction, which shall immediately cause the
transmission of the voter's previous registration card to the voter's new
election authority. No transfer of registration to a new election
jurisdiction shall be complete until the voter's old election authority
receives notification.
Deputy registrars shall return all copies of registration record cards or
Affidavits of
Cancellation of Previous Registration to the election authority by first-class mail within 2 business days or personal delivery within 7
days after the receipt thereof, except that such copies
or
Affidavits of Cancellation of Previous Registration received by the deputy
registrars between the 35th and 28th day preceding an election
shall be
returned by the deputy registrars to the election authority within 48 hours
after receipt. The deputy registrars shall return the copies or
Affidavits
of Cancellation of Previous Registration received by them on the 28th day
preceding an election to the election authority within 24 hours after receipt
thereof.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/5-8
(10 ILCS 5/5-8) (from Ch. 46, par. 5-8)
Sec. 5-8.
The County Clerk shall supply Deputy Registrars, Officers of
Registration and Judges of Registration with registration forms and shall
fully instruct them in their duties. Each Deputy Registrar, Officer of
Registration and Judge of Registration shall receipt to the County Clerk
for all blank registration records issued to them, specifying therein the
number of blanks received by them, and each Deputy Registrar, Officer of
Registration and Judge of Registration shall be charged with such blanks
until he returns them to the County Clerk. If for any cause a blank
registration record card is mutilated or rendered unfit for use in making
it out, or if a mistake therein has been made, such blank shall not be
destroyed, but the word "mutilated" shall be written across the face of
such blank, and such blank shall be returned to the County Clerk and shall
be preserved in the same manner and for the same length of time as
mutilated ballots. When each 1961 and 1962 precinct re-registration shall
have been completed, a Deputy Registrar or Judge of Registration shall
return all registration record cards to the County Clerk whether such cards
have been filled out, executed or whether they are unused, or whether they
have been mutilated. A Deputy Registrar, or Judge of Registration for
precinct registration shall make personal delivery of the registration
records to the County Clerk, after the close of each precinct registration.
Each Deputy Registrar and Judge of Registration shall certify the
registration records in substantially the following form:
"We, the undersigned Deputy Registrars and Judge of Registration in the
County of .... in the State of Illinois, do swear (or affirm) that at the
registration of electors on the .... day of .... there was registered by us
in the said election precinct the names which appear on the registration
records, and that the number of voters registered and qualified was and is
the number .....
.... (Judge of Registration)
.... (Deputy Registrar)
.... (Deputy Registrar)
Date ....."
(Source: Laws 1959, p. 1919.)
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10 ILCS 5/5-9
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
Sec. 5-9.
Except as herein provided, no person shall be registered
unless he applies in person to registration officer, answers such
relevant questions as may be asked of him by the registration officer,
and executes the affidavit of registration. The registration officer shall
require the applicant to furnish two forms of identification, and except in the
case of a homeless individual, one of which must include his or her residence
address. These forms of identification shall include, but not be limited to,
any of the following: driver's license, social security card, public aid
identification card, utility bill, employee or student identification card,
lease or contract for a residence, credit card, or a civic, union or professional association membership card.
The registration officer shall require a homeless individual to furnish
evidence of his or her use of the mailing address stated. This use may be
demonstrated by a piece of mail addressed to that individual and received at
that address or by a statement from a person authorizing use of the mailing
address. The registration officer shall require each applicant for registration
to read or have read to him the affidavit of registration before permitting him
to execute the affidavit.
One of the Deputy Registrars, the Judge of Registration, or an
Officer of Registration, County Clerk, or clerk in the office of the
County Clerk, shall administer to all persons who shall personally apply
to register the following oath or affirmation:
"You do solemnly swear (or affirm) that you will fully and truly
answer all such questions as shall be put to you touching your place of
residence, name, place of birth, your qualifications as an elector and
your right as such to register and vote under the laws of the State of
Illinois."
The Registration Officer shall satisfy himself that each applicant
for registration is qualified to register before registering him. If the
registration officer has reason to believe that the applicant is a resident
of a Soldiers' and Sailors' Home or any facility which is licensed or certified
pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act, the following question shall be put,
"When you entered the home which is your present address, was it your bona fide
intention to become a resident thereof?" Any voter of a township, city,
village or incorporated town in which such applicant resides, shall be
permitted to be present at the place of precinct registration, and shall have
the right to challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is qualified,
he shall forthwith in writing notify such applicant to appear before the
County Clerk to furnish further proof of his qualifications. Upon the
card of such applicant shall be written the word "Incomplete" and no
such applicant shall be permitted to vote unless such registration is
satisfactorily completed as hereinafter provided. No registration shall
be taken and marked as "incomplete" if information to complete it can be
furnished on the date of the original application.
Any person claiming to be an elector in any election precinct in such
township, city, village or incorporated town and whose registration is
marked "Incomplete" may make and sign an application in writing, under
oath, to the County Clerk in substance in the following form:
"I do solemnly swear that I, .........., did on (insert date) make application to the Board of Registry of the ........
precinct of ........ ward of the City of .... or of the ......... District
......... Town of .......... (or to the County Clerk of .............) and
............ County; that said Board or Clerk refused to complete my
registration as a qualified voter in said precinct, that I reside in said
precinct (or that I intend to reside in said precinct), am a duly qualified
voter and entitled to vote in said precinct at the next election.
...........................
(Signature of Applicant)"
All such applications shall be presented to the County Clerk by the
applicant, in person between the hours of nine o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of the third week subsequent to
the weeks in which the 1961 and 1962 precinct re-registrations are to be
held, and thereafter for the registration provided in Section 5-17 of
this Article, all such applications shall be presented to the County
Clerk by the applicant in person between the hours of nine o'clock a.m.
and nine o'clock p.m. on Monday and Tuesday of the third week
prior to the date on which such election is to be held.
Any otherwise qualified person who is absent from his county of
residence either due to business of the United States or because he is
temporarily outside the territorial limits of the United States may
become registered by mailing an application to the county clerk within
the periods of registration provided for in this Article or by simultaneous
application for absentee registration and absentee ballot as provided in
Article 20 of this Code.
Upon receipt of such application the county clerk shall immediately
mail an affidavit of registration in duplicate, which affidavit shall
contain the following and such other information as the State Board of
Elections may think it proper to require for the identification of the
applicant:
Name. The name of the applicant, giving surname and first or
Christian name in full, and the middle name or the initial for such
middle name, if any.
Sex.
Residence. The name and number of the street, avenue or other
location of the dwelling, and such additional clear and definite
description as may be necessary to determine the exact location of the
dwelling of the applicant. Where the location cannot be determined by
street and number, then the Section, congressional township and range
number may be used, or such other information as may be necessary,
including post office mailing address.
Term of residence in the State of Illinois and the precinct.
Nativity. The State or country in which the applicant was born.
Citizenship. Whether the applicant is native born or naturalized. If
naturalized, the court, place and date of naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..........................
AFFIDAVIT OF REGISTRATION
State of .........) )ssCounty of ........)
I hereby swear (or affirm) that I am a citizen of the United States;
that on the day of the next election I shall have resided in the State
of Illinois for 6 months and in the election precinct 30 days; that I am
fully qualified to vote, that I am not registered to vote anywhere else
in the United States, that I intend to remain a resident of the State of
Illinois and of the election precinct, that I intend to return to the State
of Illinois, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to administer
oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of Registration, the
county clerk shall transfer the information contained thereon to
duplicate Registration Cards provided for in Section 5-7 of this Article
and shall attach thereto a copy of each of the duplicate affidavit of
registration and thereafter such registration card and affidavit shall
constitute the registration of such person the same as if he had applied
for registration in person.
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; 96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)|
10 ILCS 5/5-9.1
(10 ILCS 5/5-9.1) (from Ch. 46, par. 5-9.1)
Sec. 5-9.1.
Cancelation of deceased voter's registration. Upon establishment of an electronic reporting system for death registrations as provided in the Vital Records Act, the county clerk of the county where a decedent last resided, as indicated on the decedent's death certificate, may issue certifications of death records from that system and may use that system to cancel the registration of any person who has died during the preceding month and cause the name of each such deceased person to be erased from the register of the precinct in which the deceased person was registered. Regardless of whether or not such a system has been established, it is the duty of the county clerk to examine monthly the
records deposited in his or her office pursuant to the Vital Records Act that
relate to deaths in the county, to cancel the registration of
any person who has died during the preceding month and cause the name
of each such deceased person to be erased from the register of the precinct
in which the deceased person was registered.
(Source: P.A. 96-1484, eff. 1-1-11.)
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10 ILCS 5/5-10
(10 ILCS 5/5-10) (from Ch. 46, par. 5-10)
Sec. 5-10.
The two Deputy Registrars provided by this Article 5 for
re-registration in each precinct shall be the canvassers of the precinct
for which they are appointed.
The County Clerk shall furnish to each Deputy Registrar a blank book
which shall be named "Verification List", each page of which shall be ruled
into columns, and to be marked thus:
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..................
|
Write name of street on this line . | .................. |
Names Registered |
.................. |
House |
|
|
Miss |
Remarks |
|
|
|
|
.................. |
Number |
Last Name |
First Name |
Initial |
Mrs. "OK," moved or died |
.................. |
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Such book shall contain pages sufficient to allow listing of all names
on registration record card by street, avenue, alley, drive, lane, road and
court in the precinct in question. During the progress of the 3rd
re-registration, or immediately thereafter, each Deputy Registrar shall
transfer all the names upon the registration record cards to such
verification list; arranging them according to streets, avenues, alleys,
drives, lanes, roads or courts, beginning with the lowest residence number,
and placing them numerically, as near as possible, from the lowest up to
the highest number, starting each street, avenue, alley, drive, lane, road
and court upon a separate sheet.
They shall first write the name of such street, avenue, alley, lane,
road or court at the top of the page, and then proceed to transfer the
names of such "Verification Lists" according to the street numbers as above
indicated.
If, during either day of the 1961 and 1962 precinct re-registration, any
registered voter of the township, city, village or incorporated town shall
come before the Deputy Registrars and the Judge of Registration and make an
oath that he believes that any particular person whose name has been
entered upon the registry is not a qualified voter, such fact shall be
noted; and after the completion of such "Verification Lists" one of the
Registrars, or Judge of Registration, shall make a cross or check mark in
ink opposite such name. If said Deputy Registrars or the Judge of
Registration know any person so complained of is a qualified voter and
believe that such complaint was made only to vex or harass such qualified
voter, then such name shall be placed upon such lists without such cross or
check mark, but such cross or check mark shall be placed upon such lists in
case either of the Registrars or the Judge of Registration desires.
(Source: Laws 1959, p. 1919.)
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10 ILCS 5/5-11
(10 ILCS 5/5-11) (from Ch. 46, par. 5-11)
Sec. 5-11.
Upon the Wednesday, Thursday and Friday following the last day
of precinct registration, if so much time is required, the two Deputy
Registrars shall go together and canvass the precinct for which they have
been appointed, calling at each dwelling place as indicated upon said
"Verification Lists"; and if they shall find that any person whose name
appears upon their "Verification Lists" does not reside at the place
designated thereupon, they shall make a notation in the column headed
"Remarks" as follows: "Not Found", "Died", or "Moved", as the case may be,
indicating that such person does not reside at such place.
Whenever deemed necessary by the canvassers, or either of them, he or
they may demand of the person having command of the police in such precinct
to furnish a policeman, to accompany them and protect them in the
performance of their duties; and it shall be the duty of the person having
command of the police in such precinct to furnish a policeman for such
purpose.
In making such canvass no person shall refuse to answer questions and
give the information asked for and known to him or her, or shall wilfully
and knowingly give false information, or make false statements. In making
such canvass said canvassers shall make special inquiry at the residence or
place designated on the said verification books, as to all persons
registered as qualified voters, and shall receive information from judges
of election, party canvassers, or other persons.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/5-12
(10 ILCS 5/5-12) (from Ch. 46, par. 5-12)
Sec. 5-12.
Immediately upon the completion of canvass, said canvassers, or
one of them, shall sign a notice and send the same through the United
States mail, duly stamped, to the address given on the verification
books, or in the case of homeless individuals, to their mailing address,
of all persons in connection with whose names they have made a notation
indicating that they do not reside at such place, which notice shall
require such persons to appear before the Board of Revision, composed of
said canvassers and the judge of registration, on the Monday and Tuesday
following completion of the canvass, giving the time and place of such
session, to show cause why his or her name should not be erased from the
registry of the precinct in question. Proper blanks and postage stamps
shall be furnished for this purpose to the canvassers by said County Clerk.
A personal notice shall also be served by the canvassers at the time such
canvass is being made, by leaving the same with the party, if found, or if
he or she is not found at the place designated in such verification books,
by leaving the same at such address, if there be such place. Such notice,
to be sent through the mail, must be mailed not later than 10 o'clock p.m.
of Thursday of the week of such canvass. If sufficient postage stamps are
not delivered to the canvassers by the County Clerk for the purpose
aforesaid, then anyone may furnish such postage stamps to such canvassers
for the purpose or such canvassers may procure the same at their own
expense and afterwards render an account therefor to the County Clerk, duly
sworn to, and the County Clerk shall audit such account and cause the same
to be paid by the County Treasurer. Such County Clerk, upon application,
shall deliver to such canvassers postage stamps sufficient for the purpose
aforesaid.
The registration officers shall make their returns to the County Clerk
not later than noon of the day following the last day of the canvass of the
registration provided by this Section.
The County Clerk when complaint is made to him shall investigate the
action of such canvassers and shall cause them or either of them to be
prosecuted criminally for such wilful neglect of duty.
(Source: P.A. 87-1241.)
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10 ILCS 5/5-13
(10 ILCS 5/5-13) (from Ch. 46, par. 5-13)
Sec. 5-13.
The canvassers, or one of them, shall prepare a list of the
names of the parties designated as aforesaid, and to whom such notice has
been sent, given, or left at the address, and make and attach his, or their
affidavit or affidavits thereto stating that notice, duly stamped, was
mailed to each of the said parties at the places designated on said list,
on or before 10 o'clock p. m. of the Thursday following the canvass, and
that notice was also personally left at the said address of each of said
parties named in said lists so attached, if there be such address. Blank
affidavit forms shall be furnished by the County Clerk for the purpose
aforesaid; but if none are furnished, such canvassers shall cause the same
to be drawn, and they shall swear to such affidavit before the Judge of
Registration of such precinct or County Clerk, or one of his Deputies.
Either of the canvassers shall have the power and right of both in the
matter pertaining to such canvass; but in case either refuses or neglects
to make such canvass as aforesaid, then the other may make such canvass
alone.
In case of the temporary disability upon the part of either canvasser,
the remaining canvasser shall appoint a temporary canvasser who shall
represent and be affiliated with the same political party as the canvasser
whose place is being filled, and shall administer to him the usual oath of
office for canvassers. Such temporary canvasser shall perform all the
duties of the office until the disability of the regular canvasser is
removed.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/5-14
(10 ILCS 5/5-14) (from Ch. 46, par. 5-14)
Sec. 5-14.
Either of the canvassers shall, at the end of the canvass,
return the "Verification Lists" to the County Clerk and a certificate of
the correctness of such return. Immediately after receipt of such Verification
Lists, the County Clerk shall cause copies to be printed in plain large
type in sufficient numbers to meet all demands, and upon application, a
copy of the same shall be given to any person applying therefor. Thereafter
a list of registered voters in each precinct shall be compiled by the County
clerk, prior to the General Election to be held in November of each even
numbered year. On the list, the County Clerk shall indicate, by italics,
asterisk, or other means, the names of all persons who have registered since
the last regularly scheduled election in the consolidated schedule of elections
established in Section 2A-1.1 of this Act.
When the list of registered voters in each precinct is compiled, the
County Clerk shall give a copy of it to the chairman of a county central
committee of an established political party, as such party is defined in
Section 10-2 of this Act, or to the chairman's duly authorized representative.
Within 30 days of the effective date of this Amendatory Act of 1983, the
County Clerk shall
give the list of registered voters in each precinct that was compiled prior
to the general November election of 1982 to the chairman of a county central
committee of an established political party or to the chairman's duly
authorized
representative.
Within 60 days after each general election the county clerk
shall indicate by italics, asterisk, or other means, on the list of registered
voters in each precinct, each registrant who voted at that general election,
and shall provide a copy of such list to the chairman of the county central
committee of each established political party or to the chairman's duly
authorized representative.
Within 60 days after the effective date of this amendatory Act of 1983, the
county clerk shall indicate by italics, asterisk, or other means, on the
list of registered voters in each precinct, each registrant who voted at
the general election of 1982, and shall provide a copy of such
coded list to the chairman of the county central committee of each established
political party or to the chairman's duly authorized representative.
The county clerk may charge a fee to reimburse the actual
cost of duplicating
each copy of a list provided under either of the 2 preceding paragraphs.
(Source: P.A. 83-1263.)
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10 ILCS 5/5-15
(10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
Sec. 5-15.
Any voter or voters in the township, city, village, or
incorporated town containing such precinct, and any precinct committeeman
in the county, may, between the hours of nine
o'clock a.m. and six o'clock p.m. of the Monday and Tuesday of the third
week immediately preceding the week in which such April 10, 1962 Primary
Election is to be held, make application in writing, before such County
Clerk, to have any name upon such register of any precinct erased.
Thereafter such application shall be made between the hours of nine o'clock
a.m. and six o'clock p.m. of Monday and Tuesday of the second week prior
to the week in which any county, city, village, township, or incorporated
town election is to be held. Such application shall be in substance, in the
words and figures following:
"I, being a qualified voter, registered from No. .... Street in the ....
precinct of the .... Ward of the city (village or town of .... ) of
the .... District .... town of .... do hereby solemnly swear (or affirm) that
.... registered from No. .... Street is not a qualified voter in the ....
precinct of the .... ward of the city (village or town) of .... or of the
.... district town of .... hence I ask that his name be erased from the
register of such precinct for the following reason ..... Affiant further
says that he has personal knowledge of the facts set forth in the above
affidavit.
(Signed) .....
Subscribed and sworn to before me on (insert date).
....
....
...."
Such application shall be signed and sworn to by the applicant before
the County Clerk or any Deputy authorized by the County Clerk for that
purpose, and filed with the Clerk. Thereupon notice of such application,
with a demand to appear before the County Clerk and show cause why his name
shall not be erased from the register, shall be mailed by special
delivery, duly stamped and directed, to such person, to the address upon
said register at least 4 days before the day fixed in said notice to
show cause.
A like notice shall be mailed to the person or persons making the
application to have the name upon such register erased to appear and show
cause why the name should be erased, the notice to set out the day and
hour of such hearing. If the voter making such application fails to appear
before the Clerk at the time set for the hearing as fixed in the said
notice or fails to show cause why the name upon such register shall be
erased, the application may be dismissed by the County Clerk.
Any voter making such application or applications shall be privileged
from arrest while presenting the same to the County Clerk, and whilst going
to and returning from the office of the County Clerk.
(Source: P.A. 91-357, eff. 7-29-99.)
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10 ILCS 5/5-16
(10 ILCS 5/5-16) (from Ch. 46, par. 5-16)
Sec. 5-16.
A docket of all applications to the County Clerk, whether
such application shall be made for the purpose of being registered, or
restored, or for the purpose of erasing a name on the register or for
completing registration shall be made out in the order of the towns,
wards, districts, precincts as the case may be. The County Clerk shall
sit to hear such applications between the hours of ten o'clock a. m. and
nine o'clock p. m. on Thursday, Friday and Saturday of the third week
preceding the week in which such April 10, 1962 Primary Election is to
be held, and thereafter the County Clerk shall sit to hear such
applications between the hours of ten o'clock a. m. and nine o'clock p.
m. on Thursday, Friday and Saturday of the second week prior to the week
in which any county, city, town, village or incorporated town election
is to be held. At the request of either party to such applications, the
Clerk shall issue subpoenas to witnesses to appear at such hearings, and
witnesses may be sworn and examined upon the hearing of said
applications. Each person appearing in response to an application to
have a name erased shall deliver to the County Clerk a written
affidavit, which shall be, in substance, in the words and figures
following:
"I do solemnly swear that I am a citizen of the United States; that I
do reside and have resided in the State of Illinois since the .... day
of .... and in the county of .... in said State, since the .... day of
.... and in the .... precinct of the .... ward, in the city, village or
incorporated town of .... or in the .... district town of .... in said
county and State, since the .... day of .... and that I am .... years of
age; that I am the identical person registered in said precinct under
the name I subscribe hereto."
This answer shall be signed and sworn to or affirmed before any
person authorized to administer oaths or affirmations. The decision on
each application shall be announced at once after hearing, and a minute
made thereof, and when an application to be registered or to be restored
to such register or to complete registration shall be allowed, the said
County Clerk shall cause a minute to be made upon the original and
duplicate registration records withdrawn.
All applications under this Section and hearings as hereinafter provided
may be heard by deputy county clerks specially designated by the County
Clerk for this purpose, and a decision by such deputies so designated, shall
become the decision of the County Clerk, upon approval by the County Clerk.
(Source: P.A. 80-1469.)
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10 ILCS 5/5-16.1
(10 ILCS 5/5-16.1) (from Ch. 46, par. 5-16.1)
Sec. 5-16.1.
In addition to registration at the office of the county clerk and at the
offices of municipal and township clerks, each
county subject to this Article shall provide for the
following methods of registration:
(1) The appointment of deputy registrars as provided in Section 5-16.2;
(2) The establishment of temporary places of registration as provided in
Section 5-16.3.
Each county subject to this Article may provide for precinct registration
pursuant to Section 5-17.
(Source: P.A. 83-1059.)
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10 ILCS 5/5-16.2
(10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
Sec. 5-16.2. (a) The county clerk shall appoint all municipal and
township clerks or their duly authorized deputies as deputy registrars who
may accept the registration of all qualified residents of the State.
The county clerk shall appoint all precinct committeepersons in the county
as deputy registrars who may accept the registration of any qualified resident
of the State, except during the 27 days preceding an election.
The county clerk shall appoint each of the following named persons as deputy
registrars upon the written request of such persons:
1. The chief librarian, or a qualified person |
| designated by the chief librarian, of any public library situated within the election jurisdiction, who may accept the registrations of any qualified resident of the State, at such library.
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2. The principal, or a qualified person designated by
| | the principal, of any high school, elementary school, or vocational school situated within the election jurisdiction, who may accept the registrations of any resident of the State, at such school. The county clerk shall notify every principal and vice-principal of each high school, elementary school, and vocational school situated within the election jurisdiction of their eligibility to serve as deputy registrars and offer training courses for service as deputy registrars at conveniently located facilities at least 4 months prior to every election.
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3. The president, or a qualified person designated by
| | the president, of any university, college, community college, academy or other institution of learning situated within the election jurisdiction, who may accept the registrations of any resident of the State, at such university, college, community college, academy or institution.
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4. A duly elected or appointed official of a bona
| | fide labor organization, or a reasonable number of qualified members designated by such official, who may accept the registrations of any qualified resident of the State.
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5. A duly elected or appointed official of a bona
| | fide State civic organization, as defined and determined by rule of the State Board of Elections, or qualified members designated by such official, who may accept the registration of any qualified resident of the State. In determining the number of deputy registrars that shall be appointed, the county clerk shall consider the population of the jurisdiction, the size of the organization, the geographic size of the jurisdiction, convenience for the public, the existing number of deputy registrars in the jurisdiction and their location, the registration activities of the organization and the need to appoint deputy registrars to assist and facilitate the registration of non-English speaking individuals. In no event shall a county clerk fix an arbitrary number applicable to every civic organization requesting appointment of its members as deputy registrars. The State Board of Elections shall by rule provide for certification of bona fide State civic organizations. Such appointments shall be made for a period not to exceed 2 years, terminating on the first business day of the month following the month of the general election, and shall be valid for all periods of voter registration as provided by this Code during the terms of such appointments.
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6. The Director of Healthcare and Family Services, or
| | a reasonable number of employees designated by the Director and located at public aid offices, who may accept the registration of any qualified resident of the county at any such public aid office.
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7. The Director of the Illinois Department of
| | Employment Security, or a reasonable number of employees designated by the Director and located at unemployment offices, who may accept the registration of any qualified resident of the county at any such unemployment office.
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8. The president of any corporation as defined by the
| | Business Corporation Act of 1983, or a reasonable number of employees designated by such president, who may accept the registrations of any qualified resident of the State.
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If the request to be appointed as deputy registrar is denied, the
county clerk shall, within 10 days after the date the request is submitted,
provide the affected individual or organization with written notice setting
forth the specific reasons or criteria relied upon to deny the request to
be appointed as deputy registrar.
The county clerk may appoint as many additional deputy registrars as he
considers necessary. The county clerk shall appoint such additional deputy
registrars in such manner that the convenience of the public is served,
giving due consideration to both population concentration and area. Some
of the additional deputy registrars shall be selected so that there are an
equal number from each of the 2 major political parties in the election
jurisdiction. The county clerk, in appointing an additional deputy
registrar, shall make the appointment from a list of applicants submitted
by the Chairman of the County Central Committee of the applicant's
political party. A Chairman of a County Central Committee shall submit a
list of applicants to the county clerk by November 30 of each year. The
county clerk may require a Chairman of a County Central Committee to
furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time other than the 27
day period preceding an election. All persons appointed as deputy
registrars shall be registered voters within the county and shall 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 deputy registrar 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 Deputy Registrar)"
This oath shall be administered by the county clerk, or by one of his
deputies, or by any person qualified to take acknowledgement of deeds and
shall immediately thereafter be filed with the county clerk.
Appointments of deputy registrars under this Section, except precinct
committeemen, shall be for 2-year terms, commencing on December 1 following
the general election of each even-numbered year, except that the terms of
the initial appointments shall be until December 1st following the next
general election. Appointments of precinct committeemen shall be for
2-year terms commencing on the date of the county convention following the
general primary at which they were elected. The county clerk shall issue a
certificate of appointment to each deputy registrar, and shall maintain in
his office for public inspection a list of the names of all appointees.
(b) The county clerk shall be responsible for training all deputy registrars
appointed pursuant to subsection (a), at times and locations reasonably
convenient for both the county clerk and such appointees. The county clerk
shall be responsible for certifying and supervising all deputy registrars
appointed pursuant to subsection (a). Deputy registrars appointed under
subsection (a) shall be subject to removal for cause.
(c)
Completed registration materials under the control of deputy registrars,
appointed pursuant to subsection (a), shall be returned to the appointing election
authority by first-class mail within 2 business days or personal delivery within 7 days, except that completed registration materials
received by the deputy registrars during the period between the 35th and
28th day preceding an election shall be returned by the deputy
registrars to
the appointing election authority within 48 hours after receipt thereof. The
completed registration materials received by the deputy registrars on the
28th day preceding an election shall be returned by the deputy
registrars within 24 hours after receipt thereof.
Unused materials shall be returned by deputy
registrars appointed pursuant to paragraph 4 of subsection (a), not later
than the next working day following the close of registration.
(d) The county clerk or board of election commissioners, as the case may
be, must provide any additional forms requested by any deputy registrar
regardless of the number of unaccounted registration forms the deputy registrar
may have in his or her possession.
(e) No deputy registrar shall engage in any electioneering or the promotion
of any cause during the performance of his or her duties.
(f) The county clerk shall not be criminally or civilly liable for the
acts or omissions of any deputy registrar. Such deputy registers shall not
be deemed to be employees of the county clerk.
(g) Completed registration materials returned by deputy registrars for persons residing outside the county shall be transmitted by the county clerk within 2 days after receipt to the election authority of the person's election jurisdiction of residence.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/5-16.3
(10 ILCS 5/5-16.3) (from Ch. 46, par. 5-16.3)
Sec. 5-16.3.
The county clerk may establish temporary places of
registration for such times and at such locations within the county as the
county clerk may select. However, no temporary place of
registration may be in operation during the
27 days preceding an election. Notice
of time and place of registration at any such temporary place of
registration under this Section shall be published by the county
clerk in a newspaper having a general circulation in the county not less
than 3 nor more than 15 days before the holding of such registration.
Temporary places of registration shall be established so that the
areas of concentration of population or use by the public are served,
whether by facilities provided in places of private business or in
public buildings or in mobile units. Areas which may be designated as
temporary places of registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and county fairs.
Temporary places of registration shall be available to the public not
less than 2 hours per year for each 1,000 population or fraction thereof
in the county.
All temporary places of registration shall be manned by deputy county
clerks or deputy registrars appointed pursuant to Section 5-16.2.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
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10 ILCS 5/5-17
(10 ILCS 5/5-17) (from Ch. 46, par. 5-17)
Sec. 5-17.
If the county clerk determines, as provided in Section 5-16.1, to have
precinct registration in the county, the board of county commissioners
shall, prior to any general state election held in the month of November of
any even numbered year designate a day or days and shall designate
convenient places in the townships or cities or villages or incorporated
towns for registration of voters. Such day or days shall not be more than
36 nor less than 28 days before such election.
The provisions of Section 5-3 of this Article shall apply to the
selection of places of registration under this Section and the provisions
of Section 5-3 relative to the attendance of police officers during the
conduct of such registration shall also apply.
The officers of registration chosen to conduct registrations under the
provisions of this Section shall be chosen by the county clerk.
In choosing officers of registration, the county clerk shall choose only
persons residing in the township in which the place of registration is
located. He shall choose, in each precinct, 3 officers of registration, at
least one from each of the 2 major political parties. The county clerk may
appoint additional officers of registration in precincts which have had
sudden increases in population.
The officers so chosen shall be voters registered under the provisions
of this Article 5, and shall have the same qualifications and take the same
oath as required of registration officers under Section 5-4 of this Article
5, and shall be subject to the same penalties.
The places of registration designated by the board of county
commissioners under the provisions of this Section shall be open from 8
a.m. to 9 p.m. on such day or days as may be specified by the board of
county commissioners.
Registration under this Section shall be made in the same manner as
provided for precinct registration under the provisions of this Article 5,
but the canvass of registration shall be made by 2 registration officers of
different political affiliations, said registration officers to be
designated by the county clerk and the hearing and final revision of the
registry heretofore conducted by the board of revision shall be performed
by the county clerk or his deputy on the Monday and Tuesday following
precinct registration. Said revision under this Section shall take place at
the office of the county clerk between the hours of 9 a.m. and 9 p.m.
The registration officers shall make their returns to the county clerk
not later than noon of the day following the last day of the canvass of
registration provided by this Section.
The election authorities shall issue credentials to registration day pollwatchers
in the manner and on the terms prescribed in Section 17-23 with respect
to pollwatchers at elections. Registration day pollwatchers shall be allowed
to see the names and addresses of the people who have registered during
the course of the day.
No person shall, at any precinct registration or reregistration, do any
electioneering or soliciting of votes or engage in any political discussion
within any precinct registration place or within 30 feet thereof. Nothing
in this Act shall be construed to prohibit any candidate from being present
in or near any precinct registration place. All persons who register to
vote at any precinct registration place must be residents of the precinct
in which they register.
(Source: P.A. 81-1535.)
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10 ILCS 5/5-18
(10 ILCS 5/5-18) (from Ch. 46, par. 5-18)
Sec. 5-18.
At least 20 days prior to the precinct registration under
Section 5-6 of this Article 5, and at least 20 days prior to any
registration that may be provided under Section 5-17 of this Article 5,
the County Clerk shall
publish a notice of registration, giving the dates, hours and places of
registration,
in a newspaper of general circulation published in the county.
(Source: P.A. 79-75.)
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10 ILCS 5/5-19
(10 ILCS 5/5-19) (from Ch. 46, par. 5-19)
Sec. 5-19.
Only persons residing within the corporate limits of a city,
village or incorporated town wherein this Article 5 is in effect, shall
be permitted to register in the office of the clerk of the respective city,
village or incorporated town in which they reside and then only during the
periods provided by Section 5-5 of this Article 5.
Within 24 hours after a person has registered in the office of the clerk
of a city, village or incorporated town, the said clerk shall transmit by
mail or cause to be delivered to the County Clerk the original and duplicate
registration cards of the person who has registered in his office.
Only persons who reside within the limits of a town in a county wherein
this Article 5 is in effect shall be permitted to register in the office
of the town clerk of the respective towns in which they reside and then
only during the periods provided by Section 5-5 of this Article 5.
Within 24 hours after a person not residing within the corporate limits
of a city, village or incorporated town has registered in the office of
a town clerk, the town clerk shall transmit by mail or cause to be delivered
to the county clerk the original and duplicate
cards of the person who has registered in his office. Within 24 hours after
a person who resides within the limits of a city, village or incorporated
town has registered in the office of a town clerk, the town clerk shall
transmit by mail or cause to be delivered the original and duplicate cards
of the person so registered to the county clerk.
Any person residing in the territory wherein this Article 5 is in effect,
may register in the office of the county clerk during the hours, and within
the periods provided by Section 5-5 of this Article 5.
(Source: P.A. 80-1469.)
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10 ILCS 5/5-20
(10 ILCS 5/5-20) (from Ch. 46, par. 5-20)
Sec. 5-20.
Registrations under the above section shall be made in the
manner provided by sections 5-7 and 5-9, but electors whose registrations
are marked "Incomplete" may make the applications provided by section 5-9
only on Monday and Tuesday of the third week prior to the week in which the
election for officers, for which they are permitted to vote, is to be held.
The subsequent procedure with reference to said cards shall be the same as
that provided for voters registering under section 5-19 except that the
election referred to shall be the election at which the applicant would be
permitted to vote if otherwise qualified.
(Source: Laws 1949, p. 855.)
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10 ILCS 5/5-21
(10 ILCS 5/5-21) (from Ch. 46, par. 5-21)
Sec. 5-21.
To each person who registers at the office of the county, city,
village, incorporated town or town clerk, or any place designated by the
Board of County Commissioners under section 5-17 of article 5 and within
five days thereafter, the County Clerk shall send by mail a notice setting
forth the elector's name and address as it appears on the registration record
card, and shall request him in case of any error to present the notice on
or before the seventh day next ensuing at the office of the County Clerk
in order to secure the correction of the error. Such notice shall contain
on the outside a request for the postmaster to return it within five days
if it cannot be delivered to the addressee at the address given thereon.
Upon the return by the post office of such notice which it has been unable
to deliver at the given address because the addressee cannot be found there,
a notice shall be at once sent through the United States mail to such person
at the address appearing upon his registration record card requiring him
to appear before the County Clerk, within five days, to answer questions
touching his right to register. If the person notified fails to appear at
the County Clerk's office within five days as directed or if he appears
and fails to prove his right to register, the County Clerk shall cancel
his registration.
(Source: P.A. 80-1469.)
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10 ILCS 5/5-22
(10 ILCS 5/5-22) (from Ch. 46, par. 5-22)
Sec. 5-22.
As soon as possible after the precinct registration held under
section 5-6 and again after the registrations provided by section 5-17 of
this article 5, the County Clerk shall require all city, village and incorporated
town clerks to call at his office and shall
give written and verbal instructions relative to duties under this article
5 to all city, village and incorporated town clerks, and shall also supply
them with, and get their receipts for blank registration cards to enable
them to perform their duties with respect to the registration of voters
in their offices under section 5-19 of this article 5.
As soon as possible after the precinct registration held under section
5-6 of this article, the County Clerk shall require all town clerks to appear
at his office at which time he shall give them verbal and written instructions
relative to their duties under this article 5, and at the same time he shall
also supply them with and get their receipts for blank registration cards
to enable them to perform their duties with respect to the registration
of voters in their offices under section 5-19 of this article 5.
(Source: P.A. 80-1469.)
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10 ILCS 5/5-23
(10 ILCS 5/5-23) (from Ch. 46, par. 5-23)
Sec. 5-23. Any registered voter who changes his residence from one address,
number or place to another within the same county wherein this Article 5
is in effect, may have his registration transferred to his new address by
making and signing an application for such change of residence upon a form
to be provided by the county clerk. Such application must be made to the
office of the county clerk. In case the person is unable to sign his name
the county clerk shall require such person to execute the request in the
presence of the county clerk or of his properly authorized representative,
by his mark, and if satisfied of the identity of the person, the county
clerk shall make the transfer.
Upon receipt of such application, the county clerk, or one of his employees
deputized to take registrations shall cause the signature of the voter and
the data appearing upon the application to be compared with the signature
and data on the registration record, and if it appears that the applicant
is the same person as the party previously registered under that name the
transfer shall be made.
Transfer of registration under the provisions of this section may not be
made within the period when the county clerk's office is closed to registration
prior to an election at which such voter would be entitled to vote.
Any registered voter who changes his or her name by marriage or
otherwise, shall be required to register anew and authorize the
cancellation of the previous registration; provided, however, that if
the change of name takes place within a period during which such new
registration cannot be made, next preceding any election or primary, the
elector may, if otherwise qualified, vote upon making the following
affidavit before the judges of election:
I do solemnly swear that I am the same person now registered in the
.... precinct of the .... ward of the city of .... or .... District Town
of .... under the name of .... and that I still reside in said precinct
or district.
(Signed) ....
If the voter whose name has changed still resides in the same precinct, the voter may vote after making the affidavit at the polling place regardless of when the change of name occurred. In that event, the affidavit shall not state that the voter is required to register; the affidavit shall be treated by the election authority as authorization to cancel the registration under the former name, and the election authority shall register the voter under his or her current name.
Suitable forms for this purpose shall be provided by the county clerk. The form
in all cases shall be similar to the form furnished by the county clerk
for county and state elections.
The precinct election officials shall report to the county clerk the names
and addresses of all such persons who have changed their addresses and voted.
The city, village, town and incorporated town clerks shall within five days
after every election report to the county clerk the names and addresses
of the persons reported to them as having voted by affidavit as in this
Section provided.
The county clerk may obtain information from utility companies, city,
village, town and incorporated town records, the post office or from
other sources regarding the removal of registered voters and notify such
voters that a transfer of registration may be made in the manner
provided by this Section.
If any person be registered by error in a precinct other than that in
which he resides the county clerk shall be empowered to transfer his
registration to the proper precinct.
Where a revision or rearrangement of precincts is made by the board
of county commissioners, the county clerk shall immediately transfer to
the proper precinct the registration of any voter affected by such
revision or rearrangement of the precincts; make the proper notations on
the registration cards of a voter affected by the revision of
registration and shall notify the registrant of such change.
(Source: P.A. 94-645, eff. 8-22-05.)
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10 ILCS 5/5-24
(10 ILCS 5/5-24) (from Ch. 46, par. 5-24)
Sec. 5-24.
Following the general election occurring in November of 1944 and
following the November election every four years thereafter, the county
clerk shall examine the registration record and shall send to every
voter who has not voted during the preceding four years a notice through
the mails, substantially as follows:
Notice of Suspension of Registration:
"You are hereby notified that your registration will be cancelled
according to law for failure to vote during the last four years, unless
you apply for reinstatement within thirty days. You may reinstate your
registration by signing the statement below and returning it to this
office or by making application to do so."
Application for Reinstatement of Registration:
"I do hereby certify that I still reside at the address from which I
am registered and apply for reinstatement of my registration.
Signed ....
Present address ....
Date ...."
In case the elector is unable to sign his name, the application for
reinstatement shall be made at the office of the county clerk, or in the
case of an elector, absent from the county of his residence, it shall be
made before the clerk of a court of record in the county in which the
elector is temporarily detained.
After the expiration of thirty days the county clerk shall cancel the
registration of all electors thus notified who have not applied for
reinstatement.
A proper entry shall be made on the registration record for all
electors whose registrations are reinstated. Any elector whose
registration has been cancelled for failure to vote may register again
by making the application therefor in the manner provided by this
article 5.
When a registration is cancelled under this or other sections of this
article 5, a proper entry shall be made on the registration cards by the
county clerk.
The county clerk shall, however, keep the cancelled cards in a suspense
file for 2 years and reinstate them at any time within such 2 year suspense
period, when a person's registration is cancelled under this or other Sections
of this Article for failure to apply for reinstatement or to appear in proper
time, and there is sufficient subsequent showing that he is a duly qualified elector.
(Source: P.A. 81-155.)
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10 ILCS 5/5-25
(10 ILCS 5/5-25) (from Ch. 46, par. 5-25)
Sec. 5-25.
The county clerk on his own initiative or upon order of
the board of county commissioners shall at all times have authority to
conduct investigation and to make canvasses of the registered voters in
any precinct canvass or at other times and by other methods than those
so prescribed. However, the county clerk shall conduct
a verification of voter registrations at least once in
every 2 years, and shall cause the cancellation of registration of persons
who have ceased to be qualified voters. Such verification shall be accomplished
by one of the following methods: (1) precinct canvass conducted by 2 qualified
persons of opposite party affiliation appointed by the county clerk or (2)
written request for verification sent to each registered voter by first
class mail, not forwardable or (3) an alternative method of verification
submitted in writing to and approved by the State Board of Elections at
a public meeting not less than 60 days prior to the date which the county
clerk has fixed for implementation of that method of verification; provided,
that the county clerk shall submit to the State Board of Elections a written
statement of the results obtained by use of such alternative method within
30 days of completion of the verification. In
each precinct one canvasser may be appointed from outside such precinct
if not enough other qualified persons who reside within the precinct can
be found to serve as canvasser in such precinct. The one canvasser so
appointed to serve in any precinct in which he is not entitled to vote
prior to the election must be entitled to vote elsewhere within the ward
or township which includes within its boundaries the precinct in which
such canvasser is appointed and such canvasser must be otherwise
qualified. If upon the basis of investigation or canvasses, the county
clerk shall be of the opinion that any person registered under this
Article 5 is not a qualified voter or has ceased to be a qualified
voter, he shall send a notice through the United States mail to such
person, requiring him to appear before the county clerk for a hearing
within ten days after the date of mailing such notice and show cause why
his registration shall not be cancelled. If such person fails to appear
within such time as provided, his registration shall be cancelled. If
such a person does appear, he shall make an affidavit similar in every
respect to the affidavit required of applicants under Section 5-16 of
this Article 5.
(Source: P.A. 81-1535.)
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10 ILCS 5/5-25.01
(10 ILCS 5/5-25.01) (from Ch. 46, par. 5-25.01)
Sec. 5-25.01.
Each registered voter lacking a permanent abode shall be
canvassed by the county clerk before each election. The canvass shall be by
mail sent not later than 49 days preceding the election to the mailing
address listed on the voter's registration record card. The clerk shall
include in the mailing a postage prepaid return postcard. The voter must
certify on the postcard his or her continued residence at the registration
address and mail the postcard back to the clerk so that it is postmarked no
later than the 26th day preceding the election.
If an application for registration is presented within the 49 day period
preceding an election, then this Section shall not apply and the provisions
of this Article with respect to the mailing of a verification of a
registration notice shall be a canvass, except that such notice shall be
mailed to the registrant's mailing address.
(Source: P.A. 87-1241.)
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10 ILCS 5/5-25.1
(10 ILCS 5/5-25.1) (from Ch. 46, par. 5-25.1)
Sec. 5-25.1.
In any county in which there is a municipality under the
jurisdiction of a board of election commissioners, the county clerk and
his appointed deputy registrars shall accept the registration of qualified
persons residing within such municipality and shall transmit the completed registration
to the board of election commissioners prior to the close of registration
before an election.
(Source: P.A. 83-1059.)
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10 ILCS 5/5-26
(10 ILCS 5/5-26) (from Ch. 46, par. 5-26)
Sec. 5-26.
If either of the original or duplicate
registration cards, or all of any elector shall be lost, destroyed or mutilated
in whole or in part, the county clerk shall prepare 2 new registration cards,
an original and a duplicate
and shall require the execution of a new registration affidavit by such
elector, and if any such elector shall refuse to execute such affidavit
within thirty days after the mailing of a notice to such elector at the
last address from which he has registered, then the registration of such
elector shall be cancelled. If either the original or duplicate registration
cards, of all registered voters of a city, village or incorporated town,
township or any ward, or precinct thereof, shall be lost or destroyed, the
county clerk shall require a re-registration of electors of such city, village
or incorporated town, township, ward or precinct and the same provisions
as required for any registration under section 5-17 of this article 5 shall
apply to such re-registration.
(Source: P.A. 80-1469.)
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10 ILCS 5/5-28
(10 ILCS 5/5-28) (from Ch. 46, par. 5-28)
Sec. 5-28.
The original registration record cards shall remain permanently in
the office of the county clerk except as destroyed as provided in
Section 5-6; shall be filed alphabetically without regard to precincts;
and shall be known as the master file. The duplicate registration record
cards shall constitute the official registry of voters for all elections
and shall be filed by precincts and
townships. The duplicate cards for use in conducting
elections shall be delivered to the judges of election by the county
clerk in a suitable binder or other device, which shall be locked and
sealed in accordance with the directions to be given by the county clerk
and shall also be suitably indexed for convenient use by the precinct
officers. The precinct files shall be delivered to the judges of
election for use at the polls for elections at the same
time as the official ballots are delivered to them, and shall be
returned to the county clerk by the judges of election within the time
provided for the return of the official ballots. The county clerk shall
determine the manner of return and delivery of such file.
(Source: P.A. 80-1469.)
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10 ILCS 5/5-28.1
(10 ILCS 5/5-28.1) (from Ch. 46, par. 5-28.1)
Sec. 5-28.1.
For use in connection with referenda and the nonpartisan
and consolidated elections, each election authority shall maintain
permanent records of the boundaries of all political subdivisions
partially or wholly within its jurisdiction and any districts thereof,
and shall maintain permanent records indicating by tax extension number
code for each registered
voter the political subdivisions and any districts thereof in which that
voter resides. Such records may be kept on the registration record
cards or on separate registration lists, or if a method other than record
coding by tax extension number is adopted by an election authority,
such method shall be, approved by the State Board of Elections. Each political
subdivision must, no later than 5 days after any redistricting, annexation,
disconnection or other boundary change is adopted, give notice of any
such adoption and the effective date of such act to each election
authority having election jurisdiction over any of its former or new
territory.
Each election authority must make available to election judges for
use on election day, records indicating by tax extension number code or
other method approval by the State Board of Elections for each registered
voter, the political subdivisions in which that voter resides. For the
purposes of election day use by election judges, such records must be kept
on the registration record cards or on separate registration lists.
(Source: P.A. 84-861.)
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10 ILCS 5/5-29
(10 ILCS 5/5-29) (from Ch. 46, par. 5-29)
Sec. 5-29.
Upon application to vote, except as hereinafter provided
for absent electors, each registered elector shall sign his name or make
his mark as the case may be, on a certificate substantially as follows:
"Certificate of Registered Voter
Town of................District or Precinct Number..........;City of................Ward...............Precinct..........;Village of................................Precinct..........;Election..................................................... (date) (month) (year)Registration recordChecked by.....................Voter's number..................
Instruction to voters
Sign this certificate and hand it to the election officer in charge.
After the registration record has been checked, the officer will hand it
back to you. Whereupon you shall present it to the officer in charge of
the ballots.
I hereby certify that I am registered from the address below and am
qualified to vote.
Signature of voter ...............
Residence address ..............."
An individual shall not be required to provide his social
security number when applying for a ballot. He shall not be denied a
ballot, nor shall his ballot be challenged, solely because of his refusal
to provide his social security number.
Nothing in this Act prevents an individual from being requested
to provide his social security number when the individual applies for a
ballot.
If, however, the certificate contains a space for the individual's
social security number, the following notice shall appear on the
certificate, immediately above such space,
in bold-face capital letters, in type the size of which
equals the largest type on the certificate:
"THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT IS NOT REQUIRED
TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. HE OR SHE MAY NOT BE DENIED
A BALLOT, NOR SHALL HIS OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS
OR HER REFUSAL TO PROVIDE HIS OR HER SOCIAL
SECURITY NUMBER."
Certificates as above prescribed shall be furnished by the county
clerk for all elections.
The Judges in charge of the precinct registration files shall compare
the signature upon such certificate with the signature on the
registration record card as a means of identifying the voter. Unless
satisfied by such comparison that the applicant to vote is the identical
person who is registered under the same name, the Judges shall ask such
applicant the questions for identification which appear on the
registration card and if the applicant does not prove to the
satisfaction of a majority of the judges of the election precinct that
he is the identical person registered under the name in question then
the vote for such applicant shall be challenged by a Judge of Election,
and the same procedure followed as provided by law for challenged voters.
In case the elector is unable to sign his name, a Judge of Election
shall check the data on the registration card and shall check the
address given, with the registered address, in order to determine
whether he is entitled to vote.
One of the Judges of election shall check the certificate of each
applicant for a ballot after the registration record has been examined
and shall sign his initials on the certificate in the space provided
therefor, and shall enter upon such certificate the number of the voter
in the place provided therefor, and make an entry in the voting record
space on the registration record, to indicate whether or not the
applicant voted. Such judge shall then hand such certificate back to the
applicant in case he is permitted to vote, and such applicant shall hand
it to the judge of election in charge of the ballots. The certificates
of the voters shall be filed in the order in which they are received and
shall constitute an official poll record. The term "Poll Lists" and
"Poll Books" where used in this article 5 shall be construed to apply to
such official poll records.
After each general primary election the county clerk shall indicate by
color code or other means next to the name of each registrant on the list
of registered voters in each precinct the primary ballot of a political
party that the registrant requested at that general primary election. The
county clerk, within 60 days after the general primary election, shall
provide a copy of this coded list to the chairman of the county central
committee of each established political party or to the chairman's duly
authorized representative.
Within 60 days after the effective date of this amendatory Act of 1983,
the county clerk shall provide to the chairman of the county central
committee of each established political party or to the chairman's duly
authorized representative the list of registered voters in each precinct at
the time of the general primary election of 1982 and shall indicate on such
list by color code or other means next to the name of a registrant the
primary ballot of a political party that the registrant requested at the
general primary election of 1982.
The county clerk may charge a fee to reimburse the actual cost of
duplicating each copy of a list provided under either of the 2
preceding paragraphs.
Where an elector makes application to vote by signing and presenting
the certificate provided by this Section, and his registration record
card is not found in the precinct registry of voters, but his name
appears as that of a registered voter in such precinct upon the printed
precinct list of voters and whose name has not been erased or withdrawn
from such register, it shall be the duty of one of the Judges of
Election to require an affidavit by such person and two voters residing
in the precinct before the judges of election that he is the same person
whose name appears upon the precinct register and that he resides in the
precinct stating the street number of his residence. Forms for such
affidavit shall be supplied by the county clerk for all elections. Upon
the making of such affidavit and the presentation of his certificate
such elector shall be entitled to vote. All affidavits made under this
paragraph shall be preserved and returned to the county clerk in an
envelope. It shall be the duty of the county clerk within 30 days after
such election to take steps provided by Section 5-27 of this article 5
for the execution of new registration affidavits by electors who have
voted under the provisions of this paragraph.
Provided, however, that the applications for ballots made by
registered voters and under the provisions of article 19 of this act
shall be accepted by the Judges of Election in lieu of the "certificate
of registered voter" provided for in this section.
When the county clerk delivers to the judges of election for use at the
polls a supplemental or consolidated list of the printed precinct register,
he shall give a copy of the supplemental or consolidated list to the chairman
of a county central committee of an established political party or to the
chairman's duly authorized representative.
Whenever two or more elections occur simultaneously, the election
authority charged with the duty of providing application certificates
may prescribe the form thereof so that a voter is required to execute
only one, indicating in which of the elections he desires to vote.
After the signature has been verified, the judges shall determine in
which political subdivisions the voter resides by use of the information
contained on the voter registration cards or the separate registration
lists or other means approved by the State Board of Elections and
prepared and supplied by the election authority. The voter's
certificate shall be so marked by the judges as to show the respective
ballots which the voter is given.
(Source: P.A. 84-809; 84-832.)
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10 ILCS 5/5-29.01
(10 ILCS 5/5-29.01) (from Ch. 46, par. 5-29.01)
Sec. 5-29.01.
The provisions of this Article 5, 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 are,
at the time of the election, or at any time within 60 days prior to such
election, have been engaged in the military or naval service of the
United States, and who appear personally at the polling place on
election day and produce to the judges of election satisfactory evidence
thereof, but such persons, if otherwise qualified to vote, shall be
permitted to vote at such election without previous registration.
All such persons shall also make an affidavit which shall be in
substantially the following form:
"State of Illinois) )ss.County of ........)
.............. Precinct .............. Ward
I, ...., do solemnly swear (or affirm), that I am a citizen of the
United States, of the age of 18 years or over, and that within the past
60 days prior to the date of this election at which I am applying to
vote, I have been engaged in the .... (military or naval) service of
the United States; and I am qualified to vote under and by virtue of the
Constitution and laws of the State of Illinois, and that I am a legally
qualified voter of this precinct and ward except that I have, because of
such service, been unable to register as a voter; that I now reside at
.... (insert street and number, if any) in this precinct and ward, that
I have maintained a legal residence in this precinct and ward for 30
days and in the State 30 days next preceding this election.
...........................
Subscribed and sworn to before me on (insert date).
...........................
Judge of Election."
The affidavit of any such person shall be supported by the affidavit
of a resident and qualified voter of any such precinct and ward, which
affidavit shall be in substantially the following form:
"State of Illinois) )ss.County of ........)
............. Precinct ........... Ward
I, ...., do solemnly swear (or affirm), that I am a resident of this
precinct and ward and entitled to vote at this election; that I am
acquainted with .... (name of the applicant); that I verily believe him
to be an actual bona fide resident of this precinct and ward and that I
verily believe that he has maintained a legal residence therein 30 days
and in this State 30 days next preceding this election.
...................
Subscribed and sworn to before me on (insert date).
...................
Judge of Election."
The provisions of this Article 5, 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. 91-357, eff. 7-29-99.)
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10 ILCS 5/5-30
(10 ILCS 5/5-30) (from Ch. 46, par. 5-30)
Sec. 5-30.
Upon application to vote at a general primary election each registered
elector shall sign his name or mark and write his address on a certificate
substantially the same as that used in the general election except that it
shall have a place for party affiliation which is to be filled in by the
elector, or by the officer in charge if the elector is unable to write. The
certificates of each State-wide political party at a primary election
shall be separately printed upon paper
of uniform quality, texture and size, but the certificates of no 2 State-wide
political parties shall be of the same color or tint.
However, if the election authority provides computer generated applications
with the precinct, ballot style and voter's name and address preprinted on
the application, a single application may be used for State-wide political
parties if it contains spaces or check-off boxes to indicate the political
party. Such application shall not entitle the voter to vote in the primary
of more than one political party at the same election.
Such applications
may contain spaces or check-off boxes permitting the voter
to request a primary
ballot of any other political party which is established only within a political
subdivision and for which a primary is conducted on the same election day.
Such application shall not entitle the voter to vote in both the primary
of the State-wide political party and the primary of the local political
party with respect to the offices of the same political subdivision. In
no event may a voter vote in more than one State-wide primary on the same
day. Such certificates
when checked and initialed by the Judge in charge shall constitute the
primary poll record. Such certificates at the close of the election shall
be placed in an envelope, sealed and returned with the ballots. Nothing
herein shall be construed to conflict with sections 7-44 and 7-45 of
article 7 of this act. Provided, however, that the applications for ballots
made by registered voters under the provisions of article 19 of this act
shall be accepted by the Judges of election in lieu of the "certificate of
registered voter" provided for in this section.
(Source: P.A. 83-1362.)
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10 ILCS 5/5-31
(10 ILCS 5/5-31) (from Ch. 46, par. 5-31)
Sec. 5-31.
All challenged voters affidavits made before the judges of
election under provisions of sections 5-29 and 5-30 of this article 5
shall be immediately returned to the office of the county clerk.
Such affidavits, before being so returned, shall be enclosed in an envelope
provided for that purpose, which shall then be securely sealed with the
sealing wax or other adhesive material, and each of the judges shall
write his name across the seal. No judge of election shall break the
seal of, or open any envelope containing affidavits, or shall permit any
person to open any such envelope or break the seal thereof while the
same is in his custody. It shall be the duty of the county clerk
to furnish affidavits and envelopes provided by Sections 5-29 and 5-30 of
this article 5 to the judges of election for all
elections.
(Source: P.A. 80-1469.)
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10 ILCS 5/5-34
(10 ILCS 5/5-34) (from Ch. 46, par. 5-34)
Sec. 5-34.
The official poll record provided by sections 5-29 and 5-30 of
this article 5 shall constitute the poll list, and poll books shall not be
kept by clerks of election. Where in this article 5, reference is made to
poll lists or poll books, such reference shall hereafter apply to the
official poll record.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/5-35
(10 ILCS 5/5-35) (from Ch. 46, par. 5-35)
Sec. 5-35.
The officers of registration selected to conduct
registrations under Section 5-17 shall be paid at the rate set out below:
Registration officers selected to conduct registration and canvass
under Section 5-17 shall be paid at a rate of not less than $20 per day
nor more than $30 per day, for each day designated by the County Board
for any registration and canvass provided by Section 5-17, but in no
case shall any such officer selected to conduct canvass be credited for
less than two days' service for each canvass.
Officers of registration selected to conduct any registration under
Section 5-17 shall be compensated at the rate of 5 cents per mile for
each mile actually traveled in calling at the county clerk's office for
registration cards and returning them to said officer.
The State Board of Elections shall reimburse each county for the amount
of the increase in compensation under this Section provided by this
amendatory Act from funds appropriated for that purpose.
(Source: P.A. 84-1308.)
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10 ILCS 5/5-36
(10 ILCS 5/5-36) (from Ch. 46, par. 5-36)
Sec. 5-36.
In the event that the voters of any city, village or incorporated
town (in any county having a population of 500,000 or more) which has adopted
Articles 6, 14 and 18 of this Act (or the Act of which they are a continuation)
shall reject the city election law as provided by said Article 6, it shall
not be necessary for the registered voters of said city, so rejecting the
city election law to register again under the provisions of this Article
5 unless they are not registered under the 1961 and 1962 re-registration provisions.
Within twenty-four hours after the Circuit Judge has entered his order
declaring Articles 6, 14 and 18 of this Act rejected by the voters of any
city, village, or incorporated town, it shall be the duty of the Board of
Election Commissioners formerly having jurisdiction over elections held
in such city, village or incorporated town to turn over to the County Clerk
the original and duplicate registration cards of all persons affected by
the rejection of the city election law in said city, village or incorporated
town; the said Board of Election Commissioners shall also turn over to the
County Clerk all forms, papers and other instruments pertaining to the registration
and election of voters within the said city, village or incorporated town
that rejected the city election law, and they shall also cause to be delivered
to the clerk of any such city, village or incorporated town that rejected
the city election law, all booths and ballot boxes formerly used in conducting
elections in said city, village or incorporated town.
The original registration cards of the voters turned over to the County
Clerk by the Board of Election Commissioners shall be placed in a master
file together with the registration cards of all voters who previously registered
under the provisions of this Article 5 and said cards shall then become
part of the official registration record for the county in which this Article
5 is in effect.
The duplicate cards shall be arranged in precinct order and shall be retained
in the office of the county clerk for use in conducting State, county and
township elections. The said duplicate cards shall become part of the official
registration record for the county in which this Article 5 is in effect.
(Source: P.A. 80-1469.)
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10 ILCS 5/5-37
(10 ILCS 5/5-37) (from Ch. 46, par. 5-37)
Sec. 5-37.
It shall be the duty of the Board of Election Commissioners to
do, and cause to be done all things required of them by Section 5-36 of
this Article 5.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/5-37.1
(10 ILCS 5/5-37.1) (from Ch. 46, par. 5-37.1)
Sec. 5-37.1.
If any area becomes subject to a board of election
commissioners by reason of annexation to a city, village or incorporated
town subject to such a board or ceases to be subject to a board of election
commissioners by reason of disconnection from such a city, village or
incorporated town, it shall not be necessary for the registered voters in
such area to register again, either under this Article or Article 6.
As soon as practicable after such annexation or disconnection, the
county clerk or board of election commissioners, as the case may be, shall
turn over to officer or officers thereafter to be charged with the
registration of voters within the area affected (the board of election
commissioners or county clerk, as the case may be) the original and
duplicate registration cards of all registered voters in the annexed or
disconnected area.
(Source: Laws 1967, p. 405.)
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10 ILCS 5/5-38
(10 ILCS 5/5-38) (from Ch. 46, par. 5-38)
Sec. 5-38.
All laws in conflict with this Article 5 shall no longer be
applicable to the electors residing in the territorial limits where this
Article 5 is in effect, but all laws and parts of laws not inconsistent
with the provisions of this Article 5 shall continue in force and effect.
(Source: Laws 1943, vol. 2, p. 253.)
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10 ILCS 5/5-39
(10 ILCS 5/5-39) (from Ch. 46, par. 5-39)
Sec. 5-39.
During the hours of registration or revision of registration no
person shall bring, take, order or send into, or shall attempt to bring,
take or send into any place of registration or revision of registration,
any distilled or spirituous liquors whatever; or shall, at any such time
and place drink or partake of such liquor.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/5-43
(10 ILCS 5/5-43)
Sec. 5-43.
Computerization of voter records.
(a) The State Board of Elections shall design a registration record card
that, except as otherwise provided in this Section, shall be used in duplicate
by all election authorities in the State adopting a computer-based voter
registration file as provided in this Section. The Board shall prescribe the
form
and specifications, including but not limited to the weight of paper, color,
and print of the cards. The cards shall contain boxes or spaces for the
information required under Sections 5-7 and 5-28.1; provided that
the cards shall also contain: (i) A space for the person to fill in his or
her Illinois driver's license number if the person has a driver's license; (ii)
A space for a person without a driver's license to fill in the last four digits
of his or her social security number if the person has a social security
number.
(b) The election authority may develop and implement a system to
prepare,
use, and maintain a computer-based voter registration file that includes a
computer-stored image of the signature of each voter. The computer-based voter
registration file may be used for all purposes for which the original
registration cards are to be used, provided that a system for the storage of at
least one copy of the original registration cards remains in effect. The
electronic file shall be the master file.
(c) Any system created, used, and maintained under subsection
(b) of this
Section shall meet the following standards:
(1) Access to any computer-based voter registration |
| file shall be limited to those persons authorized by the election authority, and each access to the computer-based voter registration file, other than an access solely for inquiry, shall be recorded.
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(2) No copy, summary, list, abstract, or index of any
| | computer-based voter registration file that includes any computer-stored image of the signature of any registered voter shall be made available to the public outside of the offices of the election authority.
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(3) Any copy, summary, list, abstract, or index of
| | any computer-based voter registration file that includes a computer-stored image of the signature of a registered voter shall be produced in such a manner that it cannot be reproduced.
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(4) Each person desiring to vote shall sign an
| | application for a ballot, and the signature comparison authorized in Articles 17 and 18 of this Code may be made to a copy of the computer-stored image of the signature of the registered voter.
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(5) Any voter list produced from a computer-based
| | voter registration file that includes computer-stored images of the signatures of registered voters and is used in a polling place during an election shall be preserved by the election authority in secure storage until the end of the second calendar year following the election in which it was used.
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(d) Before the first election in which the election authority
elects to use
a voter list produced from the computer-stored images of the signatures of
registered voters in a computer-based voter registration file for signature
comparison in a polling place, the State Board of Elections shall certify that
the system used by the election authority complies with the standards set forth
in this Section. The State Board of Elections may request a sample poll list
intended to be used in a polling place to test the accuracy of the list and the
adequacy of the computer-stored images of the signatures of the registered
voters.
(e) With respect to a jurisdiction that has copied all of its
voter
signatures into a computer-based registration file, all references in this Act
or any other Act to the use, other than storage, of paper-based voter
registration records shall be deemed to refer to their computer-based
equivalents.
(f) Nothing in this Section prevents an election authority from
submitting to the State Board of Elections a duplicate copy of some, as the
State Board of Elections shall determine, or all of the data contained in each
voter registration record that is part of the electronic master file. The
duplicate copy of the registration record shall be maintained by the State
Board of Elections under the same terms and limitations applicable to the
election authority and shall be of equal legal dignity with the original
registration record maintained by the election authority as proof of any fact
contained in the voter registration record.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/5-50 (10 ILCS 5/5-50) Sec. 5-50. Grace period. Notwithstanding any other provision of this
Code to the contrary, each election authority shall
establish procedures for the registration of voters and for change of address during the period from the close of
registration for a primary or election and until the 3rd day before the
primary or election. During this grace period, an unregistered qualified
elector may
register to vote, and a registered voter may submit a change of address form, in person in the office of the election
authority or at a voter registration location specifically designated for this
purpose by the election authority. The election authority shall
register that individual, or change a registered voter's address, in the same manner as otherwise provided by this Article for registration and change of address. If a voter who registers or changes address during this grace period wishes to vote at the first election or primary occurring after the grace period, he or she must do so by grace period voting, either in person in the office of the election authority or at a location specifically designated for this purpose by the election authority, or by mail, at the discretion of the election authority. Grace period voting shall be in a manner substantially similar to voting under Article 19. Within one day after a voter casts a grace period ballot, the election authority shall transmit the voter's name, street address, and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections, which shall maintain those names and that information in an electronic format on its website, arranged by county and accessible to State and local political committees. The name of each person issued a grace period ballot shall also be placed on the appropriate precinct list of persons to whom absentee and early ballots have been issued, for use as provided in Sections 17-9 and 18-5. A person who casts a grace period ballot shall not be permitted to revoke that ballot and vote another ballot with respect to that primary or election. Ballots cast by persons who register or change address during the grace period must be transmitted to and counted at the election authority's central ballot counting location and shall not be transmitted to and counted at precinct polling places. The grace period ballots determined to be valid shall be added to the vote totals for the precincts for which they were cast in the order in which the ballots were opened.
(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)|
10 ILCS 5/5-105 (10 ILCS 5/5-105)
Sec. 5-105. First time voting. A person must vote for the first time in person and not by a mailed absentee ballot if the person registered to vote by mail, unless the person first provides the appropriate election authority with sufficient proof of identity and the election authority verifies the person's proof of identity. Sufficient proof of identity shall be demonstrated by submission of the person's driver's license number or State identification card number or, if the person does not have either of those, verification by the last 4 digits of the person's social security number, a copy of a current and valid photo identification, or a copy of a current utility bill, bank statement, paycheck, government check, or other federal, State, or local government document that shows the person's name and address. A person may also demonstrate sufficient proof of identity by submission of a photo identification issued by a college or university accompanied by either a copy of the applicant's contract or lease for a residence or any postmarked mail delivered to the applicant at his or her current residence address. Persons who apply to register to vote by mail but provide inadequate proof of identity to the election authority shall be notified by the election authority that the registration has not been fully completed and that the person remains ineligible to vote by mail or in person until such proof is presented.
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)|
10 ILCS 5/Art. 6
(10 ILCS 5/Art. 6 heading)
ARTICLE 6.
REGISTRATION OF ELECTORS
IN CERTAIN CITIES, VILLAGES AND
INCORPORATED TOWNS
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10 ILCS 5/6-1
(10 ILCS 5/6-1) (from Ch. 46, par. 6-1)
Sec. 6-1.
The provisions of this Article 6 (and of Articles 14 and 18
hereof) so far as they are the same as those of the provisions of "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, (hereinafter sometimes referred to in this Article as
the Act of 1885) shall be construed as a continuation of such prior
provisions and not as a new enactment; and it is declared to be the
legislative intent that any city, village or incorporated town which has
heretofore adopted and become entitled to the provisions of said Act of
1885, shall automatically become subject to the provisions of this Article
6 and Articles 14 and 18 of this Act (as well as certain sections in other
articles which are made specifically applicable to such city, village or
incorporated town), which three articles together shall be known as the
City Election Law.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-2
(10 ILCS 5/6-2) (from Ch. 46, par. 6-2)
Sec. 6-2.
The electors of any city now existing in this state may
adopt and become entitled to the benefits of this Article 6 and Articles
14 and 18 of this Act in the manner following:
Whenever one thousand of the legal voters of such city voting at the last
preceding election shall petition the circuit court of the county in which
such city is located, to submit to a vote of the electors of such city the
proposition as to whether such city and the electors thereof shall adopt
and become entitled to the benefits of this Article, and said Articles 14
and 18 of this Act, it shall be the duty of such circuit court to order
such proposition to be submitted accordingly at the next succeeding general
or regularly scheduled municipal election; and if such proposition is not
adopted at such election, the same shall in like manner be submitted to
a vote of the electors of such city by said circuit court upon a like application
at any general
or regularly scheduled municipal election thereafter. If one thousand shall
exceed one-eighth of the legal voters of any such city voting at the last
preceding general or consolidated
election, then such application need not be signed or made by more than
one-eighth of the legal voters of such city voting at the last preceding
general or consolidated election. Such petition shall be subject to the
applicable provisions of Article 28 of this Code.
(Source: P.A. 80-1469.)
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10 ILCS 5/6-3
(10 ILCS 5/6-3) (from Ch. 46, par. 6-3)
Sec. 6-3.
The circuit court shall give at least 60 days
notice of such election by publishing such notice in one or more
newspapers published within such city, for at least 5 times, the first
publication to be at least 60 days before the day of election, and if no
newspaper is published in such city, then by posting at least 5 copies
of such notice in each ward 60 days before such election; and such court
shall enter an order directing the county clerk to prepare the necessary
blank returns for the use of the judges of election, substantially in
the following form:
"At an election held in the .... precinct of the .... ward in the
city of .... in the State of Illinois, on the .... day of .... in the
year .... the following vote was cast for and against city election
law, to-wit:
For city election law .... votes.
Against city election law .... votes.
Certified by us:
A.B., G.H.,
C.D., I.J.,
E.F., K.L.,
Judges of Election"
Also to prepare separate tally sheets with appropriate headings.
And it shall be the duty of such county clerk to deliver to the
judges of all the precincts in such city at such election proper tally
sheets and blank statements of returns of votes cast for and against
such proposition at such election. And it shall be the duty of the
circuit court to supervise and direct such matters and see that
they are properly done.
The circuit court shall also prepare directions to the
judges of election as to the manner of canvassing the votes for and
against such proposition, keeping tally thereof and making returns of
the votes as to such proposition, in accordance with the provisions of
this article; also informing them therein of the penalties of the law
imposed upon the judges for any refusal or neglect pertaining to their
duties, and such circuit court shall deliver such directions
to the county clerk directing him to have them printed and sent out to
such judges. And it shall be the duty of such county clerk to obey such
instructions.
It shall be the duty of the county clerk to do and cause to be done
all things required of him by Sections 6-2 to 6-20, inclusive, of this
Article, and for a failure to perform such duties he shall, on
conviction, be removed from his office by the court in which such
conviction shall be had.
The county shall pay all expenses connected with such election.
(Source: P.A. 84-551.)
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10 ILCS 5/6-4
(10 ILCS 5/6-4) (from Ch. 46, par. 6-4)
Sec. 6-4.
At such election the ballots, so far as they relate to this act,
shall be written or printed in the following form: "For city election law"
or "Against city election law."
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-5
(10 ILCS 5/6-5) (from Ch. 46, par. 6-5)
Sec. 6-5.
The ballot upon such proposition in the form aforesaid must be
printed or written at the bottom of the ticket containing the names of
candidates for public offices at such election who are voted for by any
elector.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-6
(10 ILCS 5/6-6) (from Ch. 46, par. 6-6)
Sec. 6-6.
The judges of such election shall canvass the ballots so cast for
or against such proposition. They shall count in favor of said proposition
all ballots, "For city election law" and they shall count against such
proposition all ballots, "Against city election law".
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-7
(10 ILCS 5/6-7) (from Ch. 46, par. 6-7)
Sec. 6-7.
Such canvass shall be made by such judges in the following
manner: Before the name or names of any candidate on any ballot shall be
canvassed, one of the judges, two sitting on either side of him and
observing the canvass, shall separate all the ballots cast in such precinct
into 3 piles or files, putting together in the first pile all those
containing the phrase, "For city election law", and putting together in the
second pile all the ballots containing the phrase, "Against city election
law", and putting together in the third pile all the other ballots of every
description. One of the 3 judges shall then count the first pile of ballots
in batches of 10, and when one batch is counted, shall pass the same to the
next judge, who shall count the same and pass it to the third judge, who
shall also count it, and when the 3 shall have finished the count of the 10
ballots, the last judge shall announce in a loud voice the result, "Ten
votes for city election law". It shall then be duty of each of 2 judges,
who took no part in the counting, to tally 10 votes accordingly on his
tally sheet for city election law, and so the whole pile shall be counted.
Before counting the second pile the tally judges shall announce the result
or number so entered and credited, "For city election law", and the second
pile shall be counted in the same way in batches of 10, and the result
tallied and announced in the same way "Against city election law". And
thereupon it shall be the duty of each of the judges in turn to announce in
a loud voice the result of the election in that precinct upon that
proposition. No ballot shall be counted for or against such proposition
unless it be in the form herein prescribed; no account is to be kept of the
third pile of ballots as to such proposition.
(Source: Laws 1957, p. 1450.)
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10 ILCS 5/6-8
(10 ILCS 5/6-8) (from Ch. 46, par. 6-8)
Sec. 6-8.
If no tally sheet shall be furnished to the judges of any
precinct relating to such proposition, the tally judges shall use any piece
of paper containing the headings written out by either of them: "For city
election law", and "Against city election law", and tally the vote thereon
opposite the respective headings as announced to them: and if no blank
statements of returns relating to such proposition be provided or furnished
to them, then it shall be the duty of the judges to write out a return in
triplicate, in substance in accordance with the form found in Section 6-3
of this Article.
(Source: Laws 1957, p. 1450.)
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10 ILCS 5/6-9
(10 ILCS 5/6-9) (from Ch. 46, par. 6-9)
Sec. 6-9. After ascertaining and announcing the result as aforesaid,
such judges shall make, fill up and sign duplicate returns or
statements of the votes cast for and against such proposition as
aforesaid, in the form found in Section 6-3 of this Article, each of
which shall be attested by the other judges, and each of which shall
then be enclosed and sealed in an envelope, one of which shall be on the
outside addressed to the appropriate election authority and one to the comptroller of such city, or to the
officer whose duties correspond with those of the comptroller. Upon each
of which statements shall be endorsed "city election law returns". In
the same manner the tally sheet in duplicate shall be signed by the
judges, and shall be enclosed and sealed in separate envelopes, one of
which shall be addressed to the county judge and one to the city clerk;
upon both of the envelopes shall be endorsed "city election law
tallies". On the outside of each envelope shall be endorsed whether it
contains a statement of the votes cast or the tallies, and for what
precinct and ward. After the envelopes respectively containing such
returns and tallies are closed and sealed, the judges of election shall
each write across the folds of such envelopes their names, and thereupon
each of the judges of election shall take one of said returns or
tallies, and shall deliver, each one respectively, to the person or
officer to whom addressed, by noon of the next day, and when delivered
he shall receive a receipt therefor from the officer to whom delivered,
and it shall be the duty of such officer to give such receipts, and to
safely keep such envelopes unopened until called for by the election authority
as herein provided.
(Source: P.A. 94-647, eff. 1-1-06.)
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10 ILCS 5/6-10
(10 ILCS 5/6-10) (from Ch. 46, par. 6-10)
Sec. 6-10.
At the canvass of the ballots in any precinct in any city where
such proposition has been submitted, it shall be the duty of such judges of
election, on request, to admit to the room two electors of the ward who
voted in favor of such proposition and two who voted against it, as special
watchers of such canvass; and said judges and the police officer or other
officer of the law present shall protect such watchers and see that they
are not excluded, and at the time of such canvass of the ballots cast for
or against such proposition such watchers shall be entitled to a position
where they can plainly see and read each ballot, and it shall be the duty
of such judges to grant and protect them in such position.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-11
(10 ILCS 5/6-11) (from Ch. 46, par. 6-11)
Sec. 6-11. The returns must be canvassed in the same
manner as any other referendum held in the municipality.
(Source: P.A. 94-647, eff. 1-1-06.)
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10 ILCS 5/6-12
(10 ILCS 5/6-12) (from Ch. 46, par. 6-12)
Sec. 6-12.
No judge of election shall knowingly open, change, tear,
mutilate, lose or conceal or knowingly cause or permit to be opened,
changed, torn, mutilated, lost or concealed any return of votes cast for or
against this Article 6 and Articles 14 and 18 of this Act, or any tally
sheet of votes so cast for or against such proposition after the same has
been sealed up and delivered to him to be carried and delivered to the
officer of law required by this act to receive the same.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/6-13
(10 ILCS 5/6-13) (from Ch. 46, par. 6-13)
Sec. 6-13.
No officer having possession of such returns, tallies or
ballots, shall steal, counsel or assist in stealing, or shall change or
mutilate any return or tally sheet relating to such election.
(Source: Laws 1963, p. 2532.)
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10 ILCS 5/6-15
(10 ILCS 5/6-15) (from Ch. 46, par. 6-15)
Sec. 6-15.
Any village or incorporated town in this state may adopt this
article 6 and articles 14 and 18 of this Act, in like manner, and the
same shall be submitted to a vote of the people of the said village or
incorporated town, upon written application to said court, of 150 electors
in such village or incorporated town.
(Source: Laws 1965, p. 3481.)
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10 ILCS 5/6-16
(10 ILCS 5/6-16) (from Ch. 46, par. 6-16)
Sec. 6-16.
After and from the time of the adoption of this Article and
Articles 14 and 18 of this Act, as aforesaid, the provisions of the said
Articles shall be applicable to such cities, villages or incorporated
towns, together with such other sections of this Act which are made
specifically applicable thereto, and all laws in conflict therewith shall
no longer be applicable to such cities, villages or incorporated towns. But
all laws or parts of laws not inconsistent with the provisions of said
Articles and sections shall continue in force and be applicable to any such
city, village or incorporated town, the same as if said Articles and
sections had not been adopted.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-17
(10 ILCS 5/6-17) (from Ch. 46, par. 6-17)
Sec. 6-17.
Whenever 1,000 of the legal voters in a city of 250,000
population or less where this Article 6 and Articles 14 and 18 of this
Act or the Act of which they are a continuation have been adopted shall
petition the circuit court in the county in which such city is located to
submit to a vote of the electors of such city the proposition as to whether
such city and the electors thereof shall reject the Articles,
the court shall enter an order of record approving such petition and
thereupon the court
shall submit such proposition to the legal voters of such city at the next
succeeding general, state, county or municipal election to be held in such
county in not less than 30 days after the entry of such order. If 1,000
shall exceed one-eighth of the legal voters of any such city then such petition
need not be signed or made by more than one-eighth of
the legal voters of such city. Notice of election shall be given by the
court at least 20 days prior to such election by
publication in one or more newspapers of general circulation published
within such city.
(Source: P.A. 83-1362.)
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10 ILCS 5/6-18
(10 ILCS 5/6-18) (from Ch. 46, par. 6-18)
Sec. 6-18.
The ballots which shall be used for voting on the rejection of
this Act shall be written or printed in the following form:
-------------------------------------------------------------- Shall the city Yes election law be ---------------------------- rejected? No--------------------------------------------------------------
The ballots to be used at such election shall be printed by the officers
charged by law with the duty of printing ballots for general elections in
said city. The ballots so cast shall be received, returned and canvassed in
the same manner and by the same officers as is provided by law in the case
of ballots cast for city officers and any contest of the result of such
election shall be tried as nearly as may be in accordance with the
provisions of this Act.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-19
(10 ILCS 5/6-19) (from Ch. 46, par. 6-19)
Sec. 6-19.
The election officials canvassing returns shall cause a
statement of the result of such election on the rejection of this Article 6
and Articles 14 and 18 of this Act to be certified to the court. If a
majority of the total votes cast at such election is in the affirmative,
the court shall enter an order declaring said Articles rejected and shall
file a copy of the order in the office of the Secretary of State. Thereupon
said Articles shall cease to be operative and binding in such city.
(Source: Laws 1965, p. 3481.)
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10 ILCS 5/6-19.1
(10 ILCS 5/6-19.1) (from Ch. 46, par. 6-19.1; formerly Ch. 46, par. 701)
Sec. 6-19.1.
Validation of rejection.
When, prior to February 13, 1967, in
any city with a population of 100,000 or less, a majority of the legal voters
voting on the proposition of whether the city election law shall be rejected,
as provided in Section 6-18, have voted in favor of the rejection of the city
election law and the election is in other respects in conformity with law, the
publication of the election notice is declared to be legal and valid and the
election is validated, notwithstanding that the publication was only 12 days
prior to the election by publication in one or more newspapers of general
circulation published within the city.
(Source: P.A. 87-1052.)
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10 ILCS 5/6-20
(10 ILCS 5/6-20) (from Ch. 46, par. 6-20)
Sec. 6-20.
Any village or incorporated town in this State having adopted
this Article 6 and Articles 14 and 18 of this Act may reject them in the
same manner as provided in the case of cities upon written application to
the circuit court in which such village or incorporated town is located of
150 electors in such village or incorporated town.
(Source: Laws 1965, p. 3481.)
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10 ILCS 5/6-21
(10 ILCS 5/6-21) (from Ch. 46, par. 6-21)
Sec. 6-21.
In every city, village and incorporated town so adopting
this Article 6 and Articles 14 and 18 of this Act there shall be created
a board of election commissioners, which shall be composed of 3 members,
each of whom shall be designated as an election commissioner, and shall
be appointed by the circuit court in the county in which such city,
village or incorporated town shall be located. Each person appointed as
an election commissioner shall at the time of such appointment have been
a resident of the State of Illinois for the 2 years last past, except that
the appointing court may waive the 2 year residence requirement for good
cause shown and entered of record.
And such appointment
shall be entered of record in such court, and when qualified such
commissioner shall be an officer of such court. The first appointment of
such commissioners shall be within 60 days after the adoption of said
Articles, and those first appointed shall hold their offices for the
period of 1, 2 and 3 years, respectively, and the judge appointing them
shall designate the term for which each one shall hold his office,
whether for 1, 2 or 3 years. If the office of either commissioner shall
become vacant, it shall thereupon be the duty of such court to appoint
within 60 days a
successor for such unexpired term; within 60 days after the expiration
of the term for
which each commissioner is appointed such court shall, in the same way,
nominate and appoint a successor, who shall hold his office for the
period of 3 years, and until his successor is appointed.
A board of election commissioners is not a unit of local government
within the meaning of Section 8 of Article VII of the Constitution of
1970. Appointments of election commissioners on and after July 1, 1971,
shall continue to be made by the circuit court in the same manner as
before that date.
(Source: P.A. 82-1014.)
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10 ILCS 5/6-22
(10 ILCS 5/6-22) (from Ch. 46, par. 6-22)
Sec. 6-22.
Two of such commissioners at least shall always
be selected from the 2 leading political parties of the state,
one from each of such parties, and all shall be legal voters
residing in such city, village or incorporated town, and be
persons of well known political convictions and of approved
integrity and capacity. No commissioner can hold any other
political office. Whenever it shall come to the knowledge of
the court that one of the leading political parties of the
state is not represented upon such commission by a person of
the same political faith, the court shall at once remove one
of such commissioners and fill the vacancy with a member of
the leading political party not so represented.
(Source: P.A. 80-656.)
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10 ILCS 5/6-23
(10 ILCS 5/6-23) (from Ch. 46, par. 6-23)
Sec. 6-23.
Such court may at any time, upon complaint made and cause shown
satisfactory to it, after notice to such commissioner and an opportunity to
be heard, remove any such commissioner and enter of record in the court
such order of removal. Such order may be appealed as in other civil cases.
Such complaint must be signed and sworn to by at least 25 legal voters of
such city, village or incorporated town, and must state the grounds of such
complaint.
(Source: Laws 1967, p. 3840.)
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10 ILCS 5/6-24
(10 ILCS 5/6-24) (from Ch. 46, par. 6-24)
Sec. 6-24.
Within 20 days after such first appointment shall be
made, such commissioners shall organize as a board by electing one of
their number as chairman and one as secretary, and they shall perform
the duties incident to such offices. And upon every new appointment of
a commissioner, such board shall reorganize in like manner. Each
commissioner, before taking his seat in such board, shall take an oath
of office before the court, which in substance shall be in the following
form:
"I, .... do solemnly swear, (or affirm) that I am a citizen of the
United States, and have resided in the State of
Illinois for a period of 2 years last past, and that I am a legal
voter and resident of the jurisdiction of the .......... Board of Election
Commissioners. That I will support the Constitution of
the United States and of the State of Illinois, and the laws passed in
pursuance thereof, to the best of my ability, and will faithfully and
honestly discharge the duties of the office of election commissioner."
Where the 2 year residence requirement is waived by the appointing court,
the provision pertaining to the 2 year residence requirement shall be omitted
from the oath of office.
Which oath, when subscribed and sworn to before such court shall be
filed in the office of the county clerk of said county and be there
preserved. Such commissioner shall also, before taking such oath, give
an official bond in the sum of $10,000.00 with two securities, to be
approved by said court, conditioned for the faithful and honest
performance of his duties and the preservation of the property of his
office. Such board of commissioners shall at once secure and open an
office sufficient for the purposes of such board, which shall be kept
open during ordinary business hours of each week day and such other days
and such other times as the board may direct or as otherwise required by
law, legal holidays excepted; provided that such office shall be
kept open from the time of opening the polls on the day of any election,
primary or general, and until all returns of that election have been
received from each precinct under the jurisdiction of such Board. Upon
the opening of such office the county clerk of the county in which such
city, village or incorporated town is situated shall, upon demand, turn
over to such board all registry books, registration record cards, poll
books, tally sheets and ballot boxes heretofore used and all other
books, forms, blanks and stationery of every description in his hands in
any way relating to elections or the holding of elections within such
city, village or incorporated town.
(Source: P.A. 80-1437.)
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10 ILCS 5/6-25
(10 ILCS 5/6-25) (from Ch. 46, par. 6-25)
Sec. 6-25.
Said board shall have the right to employ an executive director
who shall have charge of the office of said board and who shall be present and
in attendance at all proper business hours. Such executive director shall take
an oath of office before the court to the effect that he will honestly and
faithfully perform all the duties of such office, under the direction of said
board, which shall be preserved in the same way, and he shall be under the
direction of said board, and he shall have the right to administer all oaths
required under this act to be administered by either of said commissioners.
The board shall have the right to employ an independent external auditor who
shall assist the board and the circuit court in reviewing and approving all
financial expenditures of the board. The board may employ an attorney who
shall advise and represent such board in all cases where the advice or services
of an attorney are necessary. Such additional assistance may be employed by
said board from time to time, as may be necessary, with the consent and
approval previously entered of record by said court or which may afterwards be
approved by such court.
(Source: P.A. 87-1052.)
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10 ILCS 5/6-26
(10 ILCS 5/6-26) (from Ch. 46, par. 6-26)
Sec. 6-26.
The board of election commissioners shall make all necessary
rules and regulations, not inconsistent with this Article 6 and Articles 14
and 18 of this Act, with reference to the registration of voters and the
conduct of elections. The board of election commissioners shall, except as
otherwise provided in this Section, have charge of and make provisions for
all elections, general, special, local, municipal, state and county, and
all others of every description to be held in such city or any part
thereof, at any time, or in such village or incorporated town, as the case
may be. The board of election commissioners shall not have charge of
elections for local school councils established pursuant to Article 34 of
The School Code.
(Source: P.A. 84-923; 87-454.)
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10 ILCS 5/6-27
(10 ILCS 5/6-27) (from Ch. 46, par. 6-27)
Sec. 6-27.
Every person having resided in the State and in election
precinct 30 days next preceding any election therein and who shall be a
citizen of the United States of the age of 18 or more years, shall be
entitled to vote at such elections described in the last preceding
Section.
After the first registration provided by this Article, the vote of no
person, other than an elector voting pursuant to Article 20 of this Act
or exempt under Section 6-67.01 or 6-67.02 of this Article from
registration, shall be received in any election conducted under the
provisions of this Article 6 or Articles 14 and 18 of this Act unless
such person has registered under the provisions of this Article in the
precinct in which such person resides. For the purposes of this
Article, the word "election" shall include primary.
No person shall be entitled to be registered in or from any precinct
unless such person shall, by the date of the election next following,
have resided in the State and within the precinct for 30 days, and be
otherwise qualified to vote at such election. Every applicant who shall
be 18 years of age 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 5/6-28
(10 ILCS 5/6-28) (from Ch. 46, par. 6-28)
Sec. 6-28.
The first registration under this Article shall be that
preceding the election to be held on the first Tuesday after the first
Monday in November, 1936. Registration for such election shall be conducted
by the Board of Election Commissioners, shall be either at the office of
such Board or in the precinct, as hereinafter provided in this Article, and
shall be upon registration record cards in the manner provided by this
Article. Such first registration under this Article and subsequent
revisions thereof shall be under the full charge and control of the Board
of Election Commissioners, and the expenses thereof shall be paid in the
manner provided by this Article. It shall be the duty of such board to give
timely notice through the press of the time and place of such first
registration.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-29
(10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
Sec. 6-29.
For the purpose of registering voters under this Article,
the office of the Board of Election Commissioners shall be open during
ordinary business hours of each week day, from 9 a.m. to 12 o'clock noon
on the last four Saturdays immediately preceding the end of the period
of registration preceding each election, and such other days and such
other times as the board may direct. During the 27 days immediately
preceding any election there shall be no registration of voters at the
office of the Board of Election Commissioners in cities, villages and
incorporated towns of fewer than 200,000 inhabitants. In cities,
villages and incorporated towns of 200,000 or more inhabitants, there
shall be no registration of voters at the office of the Board of
Election Commissioners during the 35 days immediately preceding any
election; provided, however, where no precinct registration is being
conducted prior to any election then registration may be taken in the
office of the Board up to and including the 28th day prior to such
election. The Board of Election Commissioners may set up and establish
as many branch offices for the purpose of taking registrations as it may
deem necessary, and the branch offices may be open on any or all dates
and hours during which registrations may be taken in the main office.
All officers and employees of the Board of Election Commissioners who
are authorized by such board to take registrations under this Article
shall be considered officers of the circuit court, and shall be subject
to the same control as is provided by Section 14-5 of this Act with
respect to judges of 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.
The Board of Election Commissioners shall appoint one or more
registration teams, consisting of 2 of its employees for each team, for
the purpose of accepting the registration of any voter who files an
affidavit, within the period for taking registrations provided for in
this article, that he is physically unable to appear at the office of
the Board or at any appointed place of registration. On the day or days
when a precinct registration is being conducted such teams shall consist
of one member from each of the 2 leading political parties who are
serving on the Precinct Registration Board. Each team so designated
shall visit each disabled person and shall accept the registration of
such person the same as if he had applied for registration in person.
Any otherwise qualified person who is absent from his county of
residence due to business of the United States, or who is temporarily residing
outside the territorial limits of the United
States, may make application to become registered by mail to the Board
of Election Commissioners within the periods for registration provided
for in this Article or by simultaneous application for absentee registration
and absentee ballot as provided in Article 20 of this Code.
Upon receipt of such application the Board of Election Commissioners
shall immediately mail an affidavit of registration in duplicate, which
affidavit shall contain the following and such other information as the
State Board of Elections may think it proper to require for the
identification of the applicant:
Name. The name of the applicant, giving surname and first or
Christian name in full, and the middle name or the initial for such
middle name, if any.
Sex.
Residence. The name and number of the street, avenue or other
location of the dwelling, and such additional clear and definite
description as may be necessary to determine the exact location of the
dwelling of the applicant. Where the location cannot be determined by
street and number, then the section, congressional township and range
number may be used, or such other information as may be necessary,
including post office mailing address.
Term of residence in the State of Illinois and the precinct.
Nativity. The state or country in which the applicant was born.
Citizenship. Whether the applicant is native born or naturalized.
If naturalized, the court, place and date of naturalization.
Age. Date of birth, by month, day and year.
Out of State address of ..................
AFFIDAVIT OF REGISTRATION
State of .........) ) ss.County of ........)
I hereby swear (or affirm) that I am a citizen of the United States;
that on the day of the next election I shall have resided in the State
of Illinois and in the election precinct 30 days; that I am fully
qualified to vote, that I am not registered to vote anywhere else in the
United States, that I intend to remain a resident of the State of
Illinois, and of the election precinct, that I intend to return to the State
of Illinois, and that the
above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me, an officer qualified to administer
oaths, on (insert date).
........................................
Signature of officer administering oath.
Upon receipt of the executed duplicate affidavit of Registration, the
Board of Election Commissioners shall transfer the information contained
thereon to duplicate Registration Cards provided for in Section 6-35 of
this Article and shall attach thereto a copy of each of the duplicate
affidavit of registration and thereafter such registration card and
affidavit shall constitute the registration of such person the same as
if he had applied for registration in person.
(Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
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10 ILCS 5/6-30
(10 ILCS 5/6-30) (from Ch. 46, par. 6-30)
Sec. 6-30.
If any city, village or incorporated town adopts and becomes
entitled to the benefits of this Article 6 and Articles 14 and 18 of this
Act, after the date for the first registration hereunder, registration
therein shall be governed by the law applicable thereto at the time of the
adoption of said Articles until a complete first registration can be had.
Such first registration shall be in the manner provided in this Article and
shall precede the primary held for the nomination of candidates for the
next succeeding congressional election, and the periods provided for each
step in such registration shall be the same as are provided by this Article
6 with respect to cities, villages and incorporated towns subject to this
Article at the time when it takes effect. A period for registration at the
office of the board of election commissioners prior to such election shall
be allowed equal to that provided by this Article, for the period
intervening between the first Tuesday in August, 1936 and the first Tuesday
after the first Monday in November, 1936.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-31
(10 ILCS 5/6-31) (from Ch. 46, par. 6-31)
Sec. 6-31.
In addition to the registration authorized at the office of the
Board of Election Commissioners, there shall be two days of registration in
each precinct preceding the election to be held on the first Tuesday after
the first Monday in November, 1936. The place of registration in each
precinct shall be designated by the Board of Election Commissioners, and
public notice thereof given, and the provisions of Article 11, Section 11-4
of this Act shall apply thereto. The registration places so designated
shall be open from 8:00 o'clock a.m. until 9:00 o'clock p.m. on each of
such days of registration.
The first of said two days of registration shall be on Saturday
preceding the Tuesday four weeks before said election; the second of said
two days of registration shall be on Tuesday three weeks preceding said
election; provided, however, that in cities, villages and incorporated
towns of 200,000 or more, having a board of election commissioners, and in
cities, villages and incorporated towns within the jurisdiction of said
board of election commissioners, the first day of registration shall be on
Saturday preceding the Tuesday six weeks preceding said election; and the
second day of such registration shall be on Tuesday four weeks preceding
said election.
In addition to the two days of registration hereinabove provided, the
Board of Election Commissioners may provide for additional days of
registration (not exceeding two) before said election. The last day so
designated shall be earlier than the last day of registration hereinabove
provided for cities, villages and incorporated towns under the jurisdiction
of such Board.
For the registration held in accordance with the terms of this section
there shall be a board of registry composed of two deputy registrars and
one judge of registration for each precinct. The political party with which
the minority member of the Board of Election Commissioners is affiliated,
shall be entitled to be represented by one deputy registrar in each
precinct. The political party with which the majority of the members of the
Board of Election Commissioners are affiliated shall be entitled to be
represented by one deputy registrar in each precinct.
In the even numbered precincts the political party with which a majority
of the members of the Board of Election Commissioners are affiliated, shall
be entitled to be represented by the judge of registration.
In the odd numbered precincts the party represented by the minority
member of the Board of Election Commissioners shall be entitled to be
represented by the judge of registration.
Such board shall cause the printed list and supplement of the
registration for the previous election to be posted up at the place of
registration two days before such registration, with a printed notice of
the time and place of the next registration. After the first registration
under this article, the printed lists required to be posted shall be those
for the precincts served by the registration places designated by the Board
of Election Commissioners.
The election authorities shall issue credentials to registration day
pollwatchers in the manner and on the terms prescribed in Section 17-23
with respect to pollwatchers at elections. Registration day pollwatchers
shall be allowed to see the names and addresses of the people who have registered
during the course of the day.
No person shall, at any precinct registration or reregistration, do any
electioneering or soliciting of votes or engage in any political discussion
within any precinct registration place or within 30 feet thereof. Nothing
in this Act shall be construed to prohibit any candidate from being present
in or near any precinct registration place. All persons who register to
vote at any precinct registration place must be residents of the precinct
in which they register.
(Source: P.A. 81-1535.)
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10 ILCS 5/6-31.1
(10 ILCS 5/6-31.1) (from Ch. 46, par. 6-31.1)
Sec. 6-31.1.
For use in connection with referenda and the nonpartisan
and consolidated elections, each election authority shall maintain
permanent records of the boundaries of all political subdivisions
partially or wholly within its jurisdiction and any districts thereof,
and shall maintain permanent records indicating by tax extension number
code for each registered
voter the political subdivisions and any districts thereof in which that
voter resides. Such records may be kept on the registration record
cards or on separate registration lists, or if a method other than record
coding by tax extension number is adopted by an election authority,
such method shall be, approved by the State Board of Elections. Each political
subdivision must, no later than 5 days after any redistricting, annexation,
disconnection or other boundary change is adopted, give notice of any
such adoption and the effective date of such act to each election
authority having election jurisdiction over any of its former or new
territory.
Each election authority must make available to election judges for
use on election day, records indicating by tax extension number code or
other method approved by the State Board of Elections for each registered
voter, the political subdivisions in which that voter resides. For the
purposes of election day use by election judges, such records must be kept
on the registration record cards or on separate registration lists.
(Source: P.A. 84-861.)
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10 ILCS 5/6-32
(10 ILCS 5/6-32) (from Ch. 46, par. 6-32)
Sec. 6-32.
The deputy registrars and judges of registration provided for
by Section 6-30 of this Article shall be selected by the Board of Election
Commissioners in the manner and for the same term provided for judges of
election by Sections 14-2 and 14-3 and shall be officers of the court and
have the qualifications prescribed for judges of election by Section 14-1;
provided that in each precinct in counties of 500,000 inhabitants or more,
one deputy registrar may be appointed from outside such precinct if not
enough other qualified persons who reside within the precinct can be found
to serve as deputy registrar in such precinct. The one deputy registrar so
appointed to serve in any precinct in which he is not entitled to vote
prior to the election must be entitled to vote elsewhere within the ward or
township which includes within its boundaries the precinct in which such
deputy registrar is appointed and such deputy registrar must be otherwise
qualified. A report of such selection shall be made and filed in the court
and thereafter all provisions of Article 14, Section 14-5, of this Act
with respect to judges of election shall apply to such deputy registrars
and judges of registration. Such registrars and judges shall be notified of
their appointments in the manner provided for judges by Section 14-7 of
Article 14 of this Act.
Any vacancy in the offices of deputy registrar or of judge of
registration on the day of registration shall be filled by the registrar or
judge of registration present, always selecting a person of the same
political party as the absent deputy registrar or judge of registration;
and the same oath shall be administered by the registrar or judge of
registration present to such deputy registrar or judge of registration as
is provided for regular deputy registrars and judges of registration. All
oaths of office or affidavits which have been signed and sworn to shall be
returned to the office of the Board of Election Commissioners in an
envelope provided for that purpose, which envelope shall be sealed.
(Source: Laws 1965, p. 3481.)
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10 ILCS 5/6-34
(10 ILCS 5/6-34) (from Ch. 46, par. 6-34)
Sec. 6-34.
One of the deputy registrars, the judge of registration or an
officer or clerk in the office of the board of election commissioners
authorized to administer oaths, shall administer to all persons who shall
personally apply to register the following oath or affirmation: "You do
solemnly swear (or affirm) that you will fully and truly answer all such
questions as shall be put to you touching your place of residence, name,
place of birth, your qualifications as an elector and your right as such to
register and vote under the laws of this State."
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-35
(10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
Sec. 6-35. The Boards of Election Commissioners shall provide a
sufficient number of blank forms for the registration of electors which
shall be known as registration record cards and which shall consist of
loose leaf sheets or cards, of suitable size to contain in plain writing
and figures the data hereinafter required thereon or shall consist of computer
cards of suitable nature to contain the data required thereon. The registration
record cards, which shall include an affidavit of registration as
hereinafter provided, shall be executed in duplicate. The duplicate of
which may be a carbon copy of the original or a copy of the original
made by the use of other method or material used for making simultaneous
true copies or duplications.
The registration record card shall contain the following and such
other information as the Board of Election Commissioners may think it
proper to require for the identification of the applicant for
registration:
Name. The name of the applicant, giving surname and first or
Christian name in full, and the middle name or the initial for such
middle name, if any.
Sex.
Residence. The name and number of the street, avenue, or other
location of the dwelling, including the apartment, unit or room number,
if any, and in the case of a mobile home the lot number, and such additional
clear and definite description as may be necessary to determine the exact
location of the dwelling of the applicant, including post-office mailing
address. In the case of a homeless individual, the individual's voting
residence that is his or her mailing address shall be included on his or her
registration record card.
Term of residence in the State of Illinois and the precinct.
Nativity. The state or country in which the applicant was born.
Citizenship. Whether the applicant is native born or naturalized. If
naturalized, the court, place, and date of naturalization.
Date of application for registration, i.e., the day, month and year
when the applicant presented himself for registration.
Age. Date of birth, by month, day and year.
Physical disability of the applicant, if any, at the time of
registration, which would require assistance in voting.
The county and state in which the applicant was last registered.
Signature of voter. The applicant, after registration and in the
presence of a deputy registrar or other officer of registration shall be
required to sign his or her name in ink to the affidavit on both the
original and the duplicate registration record card.
Signature of deputy registrar.
In case applicant is unable to sign his name, he may affix his mark
to the affidavit. In such case the registration officer shall write a
detailed description of the applicant in the space provided at the
bottom of the card or sheet; and shall ask the following questions and
record the answers thereto:
Father's first name .........................
Mother's first name .........................
From what address did you last register? ....
Reason for inability to sign name ...........
Each applicant for registration shall make an affidavit in
substantially the following form:
AFFIDAVIT OF REGISTRATION
State of Illinois ) )ssCounty of ....... )
I hereby swear (or affirm) that I am a citizen of the United States,
that on the day of the next election I shall have resided in the State
of Illinois and in the election precinct 30 days and that I intend that
this location is my residence; that I am fully qualified to
vote, and that the above statements are true.
..............................
(His or her signature or mark)
Subscribed and sworn to before me on (insert date).
...................................... Signature of registration officer(to be signed in presence of registrant).
Space shall be provided upon the face of each registration record
card for the notation of the voting record of the person registered
thereon.
Each registration record card shall be numbered according to wards or
precincts, as the case may be, and may be serially or otherwise marked
for identification in such manner as the Board of Election Commissioners
may determine.
The registration cards shall be deemed public records and shall be
open to inspection during regular business hours, except during the 27
days immediately preceding any election. On written request of any
candidate or objector or any person intending to object to a petition, the
election authority shall extend its hours for inspection of registration
cards and other records of the election authority during the period
beginning with the filing of petitions under Sections 7-10, 8-8, 10-6 or
28-3 and continuing through the termination of electoral board hearings on
any objections to petitions containing signatures of registered voters in
the jurisdiction of the election authority. The extension shall be for a
period of hours sufficient to allow adequate opportunity for examination of
the records but the election authority is not required to extend its hours
beyond the period beginning at its normal opening for business and ending
at midnight. If the business hours are so extended, the election authority
shall post a public notice of such extended hours. Registration record cards
may also be inspected, upon approval of the officer in charge of the cards,
during the 27 days immediately preceding any election. Registration
record
cards shall also be open to inspection by certified judges and poll watchers
and challengers at the polling place on election day, but only to the extent
necessary to determine the question of the right of a person to vote or to
serve as a judge of election. At no time shall poll watchers or challengers be
allowed to physically handle the registration record cards.
Updated copies of computer tapes or computer discs or other electronic data
processing information containing voter registration information shall
be furnished by the Board of Election Commissioners within 10 days after
December 15 and May 15 each year and within 10
days after each registration period is closed to the State Board
of Elections in a
form prescribed by the State Board. For the purposes of this Section, a
registration period is closed 27 days before the date of any regular
or special
election. Registration information shall
include, but not be limited to, the following information: name, sex,
residence, telephone number, if any, age, party affiliation, if
applicable, precinct, ward, township, county, and representative,
legislative and congressional districts. In the event of noncompliance,
the State Board of Elections is directed to obtain compliance forthwith
with this nondiscretionary duty of the election authority by instituting
legal proceedings in the circuit court of the county in which the election
authority maintains the registration information. The costs of furnishing
updated copies of tapes or discs shall be paid at a rate of $.00034
per name of registered voters in the election jurisdiction, but not less
than $50 per tape or disc and shall be paid from appropriations made to the
State Board of Elections for reimbursement to the election authority for
such purpose. The State Board shall furnish copies of such tapes, discs,
other electronic data or compilations thereof to state political committees
registered pursuant to the Illinois Campaign Finance Act or the Federal
Election Campaign Act and to governmental entities, at their request and at a reasonable cost.
To protect the privacy and confidentiality of voter registration information,
the disclosure
of electronic voter registration records to any person or entity other than to a
State or local political
committee and other than to a governmental entity for a governmental
purpose is specifically prohibited except as follows: subject to security measures adopted by the State Board of Elections which, at a minimum, shall include the keeping of a catalog or database, available for public view, including the name, address, and telephone number of the person viewing the list as well as the time of that viewing, any person may view the centralized statewide voter registration list on a computer screen at the Springfield office of the State Board of Elections, during normal business hours other than during the 27 days before an election, but the person viewing the list under this exception may not print, duplicate, transmit, or alter the list.
Copies of the
tapes, discs or other electronic data shall be furnished by the Board of
Election Commissioners to local political committees and governmental entities at their request and at a
reasonable cost. Reasonable cost of the tapes, discs, et cetera for
this purpose would be the cost of duplication plus 15% for
administration. The individual representing a political committee
requesting copies of such tapes shall make a sworn affidavit that the
information shall be used only for bona fide political purposes,
including by or for candidates for office or incumbent office holders.
Such tapes, discs or other electronic data shall not be used under any
circumstances by any political committee or individuals for purposes of
commercial solicitation or other business purposes. If such tapes
contain information on county residents related to the operations of
county government in addition to registration information, that
information shall not be used under any circumstances for commercial
solicitation or other business purposes. The prohibition in this
Section against using the computer tapes or computer discs or other
electronic data processing information containing voter registration
information for purposes of commercial solicitation or other business
purposes shall be prospective only from the effective date of this
amended Act of 1979. Any person who violates this provision shall be
guilty of a Class 4 felony.
The State Board of Elections shall promulgate, by October 1, 1987, such
regulations as may be necessary to ensure uniformity throughout the State
in electronic data processing of voter registration information. The
regulations shall include, but need not be limited to, specifications for
uniform medium, communications protocol and file structure to be employed
by the election authorities of this State in the electronic data processing
of voter registration information. Each election authority utilizing
electronic data processing of voter registration information shall comply
with such regulations on and after May 15, 1988.
If the applicant for registration was last registered in another
county within this State, he shall also sign a certificate authorizing
cancellation of the former registration. The certificate shall be in
substantially the following form:
To the County Clerk of .... County, Illinois.
To the Election Commission of the City of ...., Illinois.
This is to certify that I am registered in your (county) (city) and
that my residence was ..... Having moved out of your (county), (city), I
hereby authorize you to cancel that registration in your office.
Dated at ...., Illinois, on (insert date).
....................
(Signature of Voter)
Attest ...., Clerk, Election Commission of the City of....,
Illinois.
The cancellation certificate shall be mailed immediately by the clerk
of the Election Commission to the county clerk, (or Election Commission
as the case may be) where the applicant was formerly registered. Receipt
of such certificate shall be full authority for cancellation of any
previous registration.
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; 94-136, eff. 7-7-05.)
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10 ILCS 5/6-35.01
(10 ILCS 5/6-35.01) (from Ch. 46, par. 6-35.01)
Sec. 6-35.01.
If an applicant for registration reports a permanent physical
disability which would require assistance in voting, the board of election
commissioners shall mark all his registration cards in the right margin on
the front of the card with a band of ink running the full margin which
shall be of contrast to, and easily distinguishable from, the color of the
card. If an applicant for registration declares upon properly witnessed
oath, with his signature or mark affixed, that he cannot read the English
language and that he will require assistance in voting, all his
registration cards shall be marked in a manner similar to the marking on
the cards of a voter who requires assistance because of physical
disability, except that the marking shall be of a different distinguishing
color. Following each election the cards of any voter who has requested
assistance as a disabled voter, and has stated that the disability is
permanent, or who has received assistance because of inability to read the
English language, shall be marked in the same manner.
(Source: Laws 1967, p. 3524.)
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10 ILCS 5/6-35.02
(10 ILCS 5/6-35.02) (from Ch. 46, par. 6-35.02)
Sec. 6-35.02.
Upon the issuance of a disabled voter's identification card as provided
in Section 19-12.1, the board of election commissioners shall cause the
identification number of such card to be clearly noted on all the
registration cards of such voter.
(Source: P.A. 78-320.)
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10 ILCS 5/6-35.03
(10 ILCS 5/6-35.03) (from Ch. 46, par. 6-35.03)
Sec. 6-35.03.
The State Board of Elections shall design a registration
record card which, except as otherwise provided in this Section, shall
be used in triplicate by all election authorities
in the State, except those election authorities adopting a computer-based
voter registration file authorized under Section 6-79. The Board shall
prescribe the form and specifications, including
but not limited to the weight of paper, color and print of such cards.
Such cards shall contain boxes or spaces for the information required under
Sections 6-31.1 and 6-35 of this Code; provided, that such cards shall also
contain a box or space for the applicant's social security number, which
shall be required to the extent allowed by law but in no case shall the
applicant provide fewer than the last 4 digits of the social security
number, and a box for the applicant's telephone number, if available.
Except for those election authorities adopting a computer-based voter
registration file authorized under Section 6-79, the original and duplicate
cards shall respectively constitute the master file and precinct binder
registration records of the voter. A copy shall be given to the applicant upon
completion of his or her registration or completed transfer of registration.
Whenever a voter moves to another precinct within the same election
jurisdiction or to another election jurisdiction in the State, such voter
may transfer his or her registration by presenting his or her copy to the
election authority or a deputy registrar. If such voter is not in possession
of or has lost his or her copy, he or she may effect a transfer of registration
by executing an Affidavit of Cancellation of Previous Registration.
In the case of a transfer of registration to a new election jurisdiction,
the election authority shall transmit the voter's copy or such
affidavit to the election authority of the voter's former election
jurisdiction, which shall immediately cause the transmission of the voter's
previous registration card to the voter's new election authority. No
transfer of registration to a new election jurisdiction shall be complete
until the voter's old election authority receives notification.
Deputy registrars shall return all copies of registration record cards or
Affidavits of Cancellation of Previous Registration to the election authority
within 7 working days after the receipt thereof. Such copies or Affidavits of
Cancellation of Previous Registration received by the deputy registrars between
the 35th and 28th day preceding an election shall be returned by
the deputy
registrars within 48 hours after receipt thereof. Such copies or
Affidavits of Cancellation of Previous Registration received by the deputy
registrars on the 28th day preceding an election shall be returned
by the
deputy registrars to the election authority within 24 hours after receipt
thereof.
(Source: P.A. 91-73, eff. 7-9-99; 91-533, eff. 8-13-99; 92-816, eff.
8-21-02.)
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10 ILCS 5/6-36
(10 ILCS 5/6-36) (from Ch. 46, par. 6-36)
Sec. 6-36.
The board of election commissioners shall supply deputy
registrars and judges of registration with registration forms and shall
fully instruct them in their duties. Each deputy registrar and judge of
registration shall receipt to the board of election commissioners for all
blank registration record cards issued to them, specifying therein the
number of the blanks received by them, and each such deputy registrar and
judge of registration shall be charged with such blanks until he returns
them to the board of election commissioners. If for any cause a blank
registration record card is mutilated or rendered unfit for use in making
it out, or if a mistake therein has been made, such blank shall not be
destroyed, but the word "mutilated" shall be written across the face of
such blank, and such blank shall be returned to the board of election
commissioners and shall be preserved in the same manner and for the same
length of time as mutilated ballots. When any registration shall have been
completed, each deputy registrar and judge of registration shall return all
registration record cards to the board of election commissioners whether
such cards have been filled out and executed or whether they are unused, or
whether they have been mutilated. Deputy registrars and judges of
registration shall make personal delivery of the registration records to
the board of election commissioners, after the close of each registration
and before they separate. Each deputy registrar and judge of registration
shall certify the registration records in substantially the following form:
"We, the undersigned deputy registrars and judge of registration in ....
County of .... in the State of Illinois, do swear (or affirm) that at the
registration of electors on the .... day of .... there was registered by us
in the said election precinct the names which appear on the registration
record cards, and that the number of voters registered and qualified was
and is the number of .....
...............(Judge of Registration)
...............(Deputy Registrar)
...............(Deputy Registrar)
Date ........."
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-37
(10 ILCS 5/6-37) (from Ch. 46, par. 6-37)
Sec. 6-37.
Except as otherwise provided for in Section 6-29 of this
Article, no person shall be registered unless he applies in person to a
registration officer, answers such relevant questions as may be asked of
him by the registration officer, and executes the affidavit of registration.
The registration officer shall require the applicant to furnish
two forms of identification, and except in the case of a homeless individual,
one of which must include his or her residence address. These forms of
identification shall include, but not be limited to, any of the following:
driver's license, social security card, public aid identification card, utility
bill, employee or student identification card, lease or contract for a residence, credit card, or a civic,
union or professional association membership card. The registration
officer shall require a homeless individual to furnish evidence of his or
her use of the mailing address stated. This use may be demonstrated by a
piece of mail addressed to that individual and received at that address or
by a statement from a person authorizing use of the mailing address. The
registration officer shall require each applicant for registration to read or
have read to him the affidavit of registration before permitting him to execute
the affidavit.
The registration officer shall satisfy himself that each applicant for
registration is qualified to register before registering him. Any voter of
the ward, village or incorporated town in which such applicant resides,
shall be permitted to be present at the place of registration, and shall
have the right to challenge any applicant who applies to be registered.
In case the officer is not satisfied that the applicant is qualified he
shall forthwith in writing notify such applicant to appear before the board
of election commissioners to furnish further proof of his qualification.
Upon the card of such applicant shall be written the word "incomplete" and
no such applicant shall be permitted to vote unless such registration is
satisfactorily completed as hereinafter provided.
Any person claiming to be an elector in any election precinct in such
city, village or incorporated town and whose registration is marked
"incomplete" may make and sign an application in writing, under oath, to
the board of election commissioners in substance in the following form:
"I do solemnly swear that I,.... did on .... make application to the
board of registry of the .... precinct of .... ward of the city of ....(or
to the board of election commissioners of ....) and that said board refused
to complete my registration as a qualified voter in said precinct, that I
reside in said precinct, am a duly qualified voter and entitled to vote in
said precinct at the next election.
....(Signature of Applicant)"
In all cities, villages or incorporated towns having a population of
less than 200,000 all such applications shall be presented to the board of
election commissioners by the applicant, in person, between the hours of
nine o'clock a.m., and five o'clock p.m. on Tuesday or Wednesday of the
second week prior to the week in which such election is to be held, and in
all municipalities having a population of more than 200,000 and having a
board of election commissioners and in all cities, villages and
incorporated towns within the jurisdiction of such board, all such
applications shall be presented to the board of election commissioners by
the applicant, in person between the hours of nine o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of the third week prior to the week in
which such election is to be held.
(Source: P.A. 96-317, eff. 1-1-10.)
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10 ILCS 5/6-38
(10 ILCS 5/6-38) (from Ch. 46, par. 6-38)
Sec. 6-38.
The 2 deputy registrars provided by this Article 6 for
registration in each precinct preceding the election to be held on the
first Tuesday after the first Monday in November, 1936, and for the last
day of registration provided for in Section 6-49.1, shall be the
canvassers of the precinct for which they are appointed.
The Board of Election Commissioners shall furnish to each deputy
registrar a verification list of registered voters approved by the Board of
Election Commissioners or a blank book which shall be named "Verification
List", each page of which shall be ruled into 4 columns, and to be marked
thus:
|
Street |
|
|
Remarks |
Number |
Street |
Names |
O.K. - Died - Moved, etc. |
|
Such book shall contain pages sufficient to allow 6 pages for each
street, avenue, alley and court in the precinct in question. During the
progress of the registration, or immediately thereafter, each deputy
registrar shall transfer all the names upon the registration record cards
to such verification list; arranging them according to streets, avenues,
alleys or courts, beginning with the lowest residence number, and placing
them numerically, as near as possible, from the lowest up to the highest
number.
They shall first write the name of such street, avenue, alley or court,
at the top of the second column, and then proceed to transfer the names to
such "Verification Lists" according to the street numbers as above
indicated.
If, during either day of registration, any registered voter of the ward,
village, or incorporated town shall come before the deputy registrars and
the judge of registration and make oath that he believes that any
particular person whose name has been entered upon the registry is not a
qualified voter, such fact shall be noted; and after the completion of such
"Verification Lists" one of the registrars, or judge of registration, shall
make a cross or check mark in ink opposite such name. If the deputy
registrars or the judge of the registration know any person so complained
of is a qualified voter and believe that such complaint was made only to
vex and harass such qualified voter, then such name shall be placed upon
such lists without such cross or check mark but such cross or check mark
shall be placed upon such lists in case either of the registrars or the
judge of registration desires.
(Source: P.A. 84-1308.)
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10 ILCS 5/6-39
(10 ILCS 5/6-39) (from Ch. 46, par. 6-39)
Sec. 6-39.
Upon the Wednesday and Thursday following the last day of
registration, and upon the Wednesday and Thursday following the last day of
precinct registration provided for in Section 6-49.1 of this Article, if
so much time is required, the 2 deputy registrars shall go together and
canvass the precinct for which they have been appointed, calling at each
dwelling place or each house from which any one is registered in such
precinct and each dwelling place as indicated upon said "Verification
Lists"; and if they shall find that any person whose name appears upon
their verification lists does not reside at the place designated thereupon,
they shall make a notation in the column headed "Remarks" as follows:
"Changed Name"; "Died", or "Moved", as the case may be, indicating that
such person does not reside at such place.
Whenever deemed necessary by the canvassers, or either of them, he or
they may demand of the person having command of the police in such precinct
to furnish a policeman, to accompany them and protect them in the
performance of their duties; and it shall be the duty of the person having
command of the police in such precinct to furnish a policeman for such
purpose. In such canvass no person shall refuse to answer questions and
give the information asked for and known to him or her, or shall knowingly
give false information, or make false statements. In making such canvass
the canvassers shall make special inquiry at the residence or place
designated on the verification lists, as to all the persons registered as
qualified voters, and shall receive information from judges of election,
party canvassers, or other persons.
(Source: Laws 1967, p. 2987.)
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10 ILCS 5/6-40
(10 ILCS 5/6-40) (from Ch. 46, par. 6-40)
Sec. 6-40.
Where verification lists are furnished to the canvassers by the
Board of Election Commissioners, immediately upon completion of the
canvass, the canvassers, or one of them, shall file with the Board of
Election Commissioners the list of registered voters upon which the
canvassers have made notation in the column headed "Remarks" as follows:
"O. K.", if they still reside at the address shown on the registration
list, or "Died", "Moved", or "Changed Name" as the case may be. Such lists
shall be attested to by the canvassers in an attached affidavit. No
canvasser shall be remunerated for services as canvasser until such signed
affidavit is filed with the Board of Election Commissioners.
Upon receipt by the Board of Election Commissioners of the completed
list and the attached affidavit as to the correctness of the list, the
Board of Election Commissioners shall prepare post card "Notices to Show
Cause Why Registration Should not be Cancelled" to send to each voter on
each list after whose name the canvassers have written "Died", "Moved", or
"Changed Name". They shall be mailed to those whose registration is
questioned by the Board of Election Commissioners not later than 10 P.M. on
Friday of the week of the canvass. The affidavits made by the canvassers
showing the names and addresses of such canvassers shall be a public record
for 60 days.
The Board of Election Commissioners shall also prepare a correct list of
those registered voters in each precinct who are designated "O.K." in the
remarks column by the canvassers and supplemental lists after the hearings
on "Notices to Show Cause Why Registration Should Not be Cancelled"; such
lists to be called "Printed Register of Registered Voters" of a given date
and supplements thereto.
It shall be the duty of the Board of Election Commissioners when
complaint is made to them, to investigate the action of such canvassers and
to cause them or either of them to be brought before the circuit court and
to prosecute them as for contempt, and also at the discretion of the Board
of Election Commissioners, to cause them to be prosecuted criminally for
such wilful neglect of duty.
(Source: Laws 1965, p. 3501.)
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10 ILCS 5/6-41
(10 ILCS 5/6-41) (from Ch. 46, par. 6-41)
Sec. 6-41.
The canvassers, or one of them, shall prepare a list of
the names of the parties designated as aforesaid, and to whom such
notice has been sent, given, or left at the address, and make and attach
his or their affidavit or affidavits thereto, stating that notice, duly
stamped, was mailed to each of said parties at the places designated on
the list, on or before 10 o'clock p. m. of the Thursday following the
canvass, and that notice was also personally left at the said address of
each of the parties named in the lists so attached, if there be such
address; and such canvassers shall also file in the office of the Board
of Election Commissioners on or before 6 o'clock p. m. on the Friday
following the canvass, an exact duplicate of such list with the
affidavit or affidavits attached thereto. Blank affidavit forms shall be
furnished by the board for the purpose aforesaid; but if none are
furnished, such canvassers shall cause the same to be drawn, and they
shall swear to such affidavit before the judge of registration of such
precinct, or a member of the Board of Election Commissioners, or the
executive director thereof.
In cities, villages and incorporated towns having a population of
over 200,000 and having a Board of Election Commissioners and in cities,
villages and incorporated towns within the jurisdiction of the Board of
Election Commissioners, the Board of Election Commissioners shall remain
in session from 10 o'clock a.m. to 9 o'clock p.m. for 10 days following
the last day of the canvass for the sole purpose of revising their
registry. No new name shall be added to the registry at such session of
the Board of Election Commissioners.
In cities, villages and incorporated towns having a population of
less than 200,000, the hearing herein provided and the final revision of
the registry, shall be by the Board of Election Commissioners for such
city, village or incorporated town. The commissioners shall meet for
this purpose upon the Monday and Tuesday following the canvass, and
shall remain in session between the hours of 8 o'clock a.m. and 10
o'clock p.m., and the precinct election officials who made the canvass
of the precinct shall meet with them as may be required by the Board of
Election Commissioners.
If any person to whom such notice has been sent, shall appear before
the Board of Election Commissioners during the session, he shall make
oath and sign an affidavit in substance as follows:
"I do solemnly swear that I am a citizen of the United States and
that I have resided in the .... precinct of the .... Ward of the City of
...., in the State of Illinois, since the .... day of ....; and that I
have never been convicted of any crime (or if convicted, state the time
and when pardoned by the Governor of any State)."
This affidavit shall be signed and sworn to before one of such Board
of Election Commissioners, or the clerk of the board, and it shall be
filed in the office of the Board of Election Commissioners and be
preserved for 60 days.
Thereupon the Board of Election Commissioners shall further examine
him and shall also swear such canvassers or the precinct election
officials as the case may be, and hear them upon the question, and the
Board of Election Commissioners shall have the power to send one or both
of the canvassers or precinct election officials, as the case may be, to
make further examination and inquiry at the place claimed by such person
to be his residence, and again examine such canvassers or precinct
election officials touching the same; and if after such further
examination and hearing, the majority of the board in question are of
the opinion that such person is not a qualified voter in such precinct,
they shall indicate in the proper manner that the card of such person
shall be removed from the precinct file.
At the close of any such session, if any person so notified to appear
at such session has not appeared and shown cause why the card bearing
his name should not be withdrawn from the precinct file, the same shall
be withdrawn from the file.
The Board of Election Commissioners shall, however, keep the cancelled
cards in a suspense file for 2 years and reinstate them at any time within
such 2 year suspense period, when a person's registration is cancelled under
this or other Sections of this Article for failure to apply for reinstatement
or to appear in proper time, and there is sufficient subsequent showing
that he is a duly qualified elector.
Either of said canvassers shall have the power and right of both in
the matter pertaining to such canvass; but in case either refuses or
neglects to make such canvass as aforesaid, then the other may make such
canvass alone.
In case of the temporary disability upon the part of either
canvasser, the remaining canvasser shall appoint a temporary canvasser
who shall represent and be affiliated with the same political party as
the canvasser whose place is being filled, and shall administer to him
the usual oath of office for canvassers. Such temporary canvasser shall
perform all the duties of the office until the disability of the regular
canvasser is removed.
(Source: P.A. 82-373.)
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10 ILCS 5/6-42
(10 ILCS 5/6-42) (from Ch. 46, par. 6-42)
Sec. 6-42.
With respect to those who register at the office of the Board of
Election Commissioners preceding the election to be held on the first
Tuesday after the first Monday in November, 1936, as provided by Section
6-29 of this Article, and preceding the last day of registration as
provided for in Section 6-49.1, such board shall, immediately after
completion of the precinct registration, or by the last day of such
registration, transmit to the deputy registrar of each precinct the
original registration record cards of each person who has registered at the
office of the Board of Election Commissioners as a qualified elector of
such precinct; and the provisions of Sections 6-38, 6-39, 6-40 and 6-41, of
this Article shall apply to the persons registered at such office in
the same manner as if they had registered in the precinct. The Board of
Election Commissioners shall have power to provide by rule for the manner
of returning such original registration cards and for a separate report
upon electors who have registered at its office.
(Source: Laws 1961, p. 1806.)
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10 ILCS 5/6-43
(10 ILCS 5/6-43) (from Ch. 46, par. 6-43)
Sec. 6-43.
Immediately after the completion of the revision by the Board of
Election Commissioners, the board shall cause copies to be made of all
names upon the registration record cards not marked or erased, with the
address, and shall have the same arranged according to the streets,
avenues, courts, or alleys, commencing with the lowest number, and
arranging the same in order according to the street numbers, and shall then
cause such precinct register, upon such arrangement, to be printed in
plain, large type in sufficient numbers to meet all demands, and upon
application a copy of the same shall be given to any person applying
therefor. Provided, however, that in municipalities having a population of
more than 500,000 and having a Board of Election Commissioners, as to all
elections, excepting any elections held for the purpose of electing judges
of the circuit courts, registrations for which are made solely before the
Board of Election Commissioners, and where no general precinct
registrations were provided for or held within 27 days before the
election,
the Board of Election Commissioners shall cause, within 10 days after the
last day of registration before such board, copies to be made of all names
of qualified electors appearing upon each registration record card in like
manner as hereinabove provided, and upon application a copy of the same
shall be given to any person applying therefor: Provided, further, that
whenever an election is held within 90 days after a preceding election, or
when any elections are held for the purpose of electing judges of the
circuit courts, the printed list and the supplement thereto provided for
the last preceding election shall constitute the Printed Precinct Register
for the ensuing election, subject to such changes as shall be made, if any,
as herein provided, which changes, if any, and the contents of any
supplemental list, insofar as the latter have not been changed pursuant to
this Act, shall be printed in a new supplemental list which shall supplant
the prior supplemental list and shall be delivered to the judges of the
respective precincts, with the printed register and the certification, in
the manner and at the time provided in Sections 6-48 and 6-60 of this
Article. Such list shall have printed on the bottom thereof the facsimile
signatures of the members of the Board of Election Commissioners certifying
that the names on the list are the names of all voters entitled to vote in
the precinct indicated on the top thereof. Such list shall be termed the
"Printed Precinct Register" and shall be prima facie evidence that the
electors whose names appear thereon are entitled to vote. Provided that if,
on order of the Board of Election Commissioners a corrected or revised
precinct register of voters in a precinct or precincts is printed, such
list or lists shall have printed thereon the day and month of such revision
and shall be designated "Revised Precinct Register of Voters."
Any elector whose name does not appear as a registered voter on such
printed precinct register, supplemental list or any list provided for in
this Article and whose name has not been erased or withdrawn shall be
entitled to vote as hereinafter in this Article provided if his
registration card is in the master file. Such elector shall within 7 days
after the publication of such printed precinct register, file with the
Board of Election Commissioners an application stating that he is a duly
registered voter and that his registration card is in the master file. The
Board shall hold a hearing upon such application within 2 days after the
filing thereof and shall announce its decision thereon within 3 days after
the hearing. If the name of such applicant appears upon the registration
card in the master file, the board shall issue to such elector a
certificate setting forth that his name does so appear and certifying that
he has the right to vote at the next succeeding election. Such certificate
shall be issued in duplicate, one to be retained in the files of the board,
and the other to be issued to the elector.
The Board of Election Commissioners upon the issuance of such
certificate shall see that the name of such elector appears upon the
precinct registry list in the precinct.
(Source: P.A. 92-816, eff. 8-21-02.)
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10 ILCS 5/6-44
(10 ILCS 5/6-44) (from Ch. 46, par. 6-44)
Sec. 6-44.
Any voter or voters in the ward, village or incorporated
town containing such precinct, and any precinct committeeman in the
county, may, between the hours of nine o'clock a.m. and six p.m. of
Monday and Tuesday of the second week prior to
the week in which such election is to be held make application in
writing, before such board of election commissioners, to have any name
upon such register of any precinct erased. However, in
municipalities having a population of more than 500,000 and having a
board of election commissioners (except as otherwise provided for such
municipalities in Section 6-60 of this Article) and in all cities,
villages and incorporated towns within the jurisdiction of such board,
such application shall be made between the hours of nine o'clock a.m.
and six o'clock p.m. of Monday and Tuesday of the second week prior to
the week in which such election is to be held. Such application shall
be, in substance, in the words and figures following:
"I being a qualified voter, registered from No. .... street in the
.... precinct of the .... ward of the city (village or town) of .... do
hereby solemnly swear (or affirm) that I have personal knowledge that
.... registered from No. .... street is not a qualified voter in the
.... precinct of the .... ward of the city (village or town) of .... and
hence I ask that his name be erased from the register of such precinct
for the following reason ....
Affiant further says that he has personal knowledge of the facts set
forth in the above affidavit.
(Signed)....
Subscribed and sworn to before me on (insert date).
....
...."
Such application shall be signed and sworn to by the applicant before
any member of the board or the clerk thereof and filed with said board.
Thereupon notice of such application, with a demand to appear before the
board of election commissioners and show cause why his name shall not be
erased from said register, shall be personally served upon such person
or left at his place of residence indicated in such register, or in the
case of a homeless individual, at his or her mailing address, by a
messenger of said board of election commissioners, and, as to the manner
and time of serving such notice such messenger shall make affidavit;
the messenger shall also make affidavit of the fact in case he cannot
find such person or his place of residence, and that he went to the place
named on such register as his or her place of residence. Such notice shall
be served at least one day before the time fixed for such party to show cause.
The commissioners shall also cause a like notice or demand to be sent
by mail duly stamped and directed, to such person, to the address upon the
register at least 2 days before the day fixed in the notice to show cause.
A like notice shall be served on the person or persons making the
application to have the name upon such register erased to appear and
show cause why said name shall be erased, the notice to set out the day
and hour of such hearing. If the voter making such application fails to
appear before said board at the time set for the hearing as fixed in the
notice or fails to show cause why the name upon such register shall
be erased, the application may be dismissed by the board.
Any voter making such application or applications shall be privileged
from arrest while presenting the same to the board of election commissioners,
and while going to and returning from the board of election commissioners.
(Source: P.A. 91-357, eff. 7-29-99.)
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10 ILCS 5/6-45
(10 ILCS 5/6-45) (from Ch. 46, par. 6-45)
Sec. 6-45.
A docket of all applications to said board of election
commissioners, whether such application shall be made for the purpose of
being registered or restored, or for the purpose of erasing a name on the
register or for completing registration shall be made out in the order of
the wards and precincts as the case may be. Such docket shall show the
disposition of each case and be available to the public. In cities,
villages or incorporated towns having a population of less than 500,000 the
commissioners shall sit to hear such applications between the hours of 10
o'clock a. m., and 9 o'clock p. m. on the Tuesday, Wednesday and Thursday
immediately preceding such election, and in cities, villages and
incorporated towns having a population of over 500,000 and having a board
of election commissioners, (except as otherwise provided for such
municipalities in Section 6-60 of this Article), and in all cities,
villages and incorporated towns within the jurisdiction of such board, such
commissioners shall sit to hear such applications between the hours of 10
o'clock a. m. and 9 o'clock p. m., on Thursday, Friday and Saturday of the
second week prior to the week in which such election is to be held. At the
request of either party to such applications, the board shall issue
subpoenas to witnesses to appear at such hearings, and witnesses may be
sworn and examined upon the hearing of said application. Each person
appearing in response to an application to have a name erased shall deliver
to the board a written affidavit, which shall be, in substance, in the
words and figures following:
"I do solemnly swear that I am a citizen of the United States; that I
have resided in the State of Illinois since the .... day of .... and in the
county of .... said State, since the .... day of .... and in the ....
precinct of the .... ward, in the city of .... said county and State, since
the .... day of .... and that I am .... years of age; that I am the
identical person registered in said precinct under the name I subscribe
hereto."
This answer shall be signed and sworn to or affirmed before any person
authorized to administer oaths or affirmations. The decision on each
application shall be announced at once after hearing, and a minute made
thereof, and when an application to be registered or to be restored to such
register or to complete registration shall be allowed the said board of
election commissioners shall cause a minute to be made upon the original
and duplicate registration records. And where an application to erase a
name shall be allowed, the board of election commissioners shall cause the
name to be erased forthwith, and the registration record card withdrawn.
In cities, villages and incorporated towns of 500,000 or more
inhabitants, having a board of election commissioners, and in cities,
villages and incorporated towns within the jurisdiction of such board of
election commissioners, applications under this section and hearings or
citations under Sections 6-56, 6-59 and 6-60 hereof, may be heard by
individual commissioners or by persons specially designated by the
commissioners for this purpose, and a decision by such individual
commissioner or person so designated, shall become the decision of the
board of election commissioners upon approval of such board.
(Source: Laws 1947, p. 899.)
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10 ILCS 5/6-46
(10 ILCS 5/6-46) (from Ch. 46, par. 6-46)
Sec. 6-46.
The circuit court of the county in which such city, village or
incorporated town shall be located, shall, on Friday and Saturday of the
week prior to the week in which such election is to be held, especially sit
to hear such applications as shall be made to it to be placed upon the
registry in any particular precinct: Provided, however, that the circuit
court of any county in which a municipality is located having a population
of over 200,000 and having a board of election commissioners, and in
cities, villages and incorporated towns within the jurisdiction of such
board, shall especially sit to hear such applications on Monday and Tuesday
of the first week prior to the week in which such election is to be held.
Such application shall be sworn to, and shall state that the party making
the same has applied to the precinct registration officers, or to the board
of election commissioners, and that said precinct registration officers, or
board of election commissioners, as the case may be, refused to place his
name upon such registry or to complete his registration or has stricken his
name from such registry. Application shall be made on or before the opening
of the court on Friday or Monday last aforesaid, as the case may be, and
the court shall cause a docket of such applications to be made out,
arranged by wards and precincts, and the same shall be heard, summarily and
evidence may be introduced for and against such application. Each case
shall be decided at once on hearings and the clerk of the court shall make
a minute of the disposition of each application; a copy of such minute
shall at once be given to the board of election commissioners which shall
forthwith cause such name to be placed upon the original and duplicate
registration records if the court has so ordered, and indicate that it was
entered by order of court. After the entry of the order to be restored, or
to be registered or to complete registration, no further change shall be
permitted in the original and duplicate registration records by the board
of election commissioners, and such records shall constitute the official
registration for the election to be held on the first Tuesday after the
first Monday in November, 1936. No person admitted to the register by order
of such court shall be protected by such order from a criminal prosecution
for any violation of the provisions of this Act.
(Source: Laws 1965, p. 3481.)
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10 ILCS 5/6-47
(10 ILCS 5/6-47) (from Ch. 46, par. 6-47)
Sec. 6-47.
In case said court shall refuse any such application, an order
shall be entered accordingly on the Wednesday following the session of the
court held for the purpose aforesaid.
Appeals may be taken as in other civil cases.
(Source: P.A. 79-1364.)
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10 ILCS 5/6-48
(10 ILCS 5/6-48) (from Ch. 46, par. 6-48)
Sec. 6-48.
A supplemental list of all persons whose registration
shall have been ordered restored or completed by order of the board of
election commissioners or by order of the circuit court, under Sections
6-45 and 6-46 of this Article, and a supplemental list of all persons
erased or withdrawn from such register by order of the board, under
Sections 6-45 or 6-60 of this Article, shall be printed by such board
in sufficient quantity to accommodate each precinct, and the board shall
cause copies thereof to be delivered to all persons demanding the same.
If the names of no persons have been added, erased or withdrawn, a
supplemental list shall be printed stating that fact. The board of
election commissioners shall post one copy of the printed register in
each polling place not later than the fifth day before the election and
one copy of the supplemental list on the day before the election. Before
the opening of the polls on the day of election, the board of election
commissioners shall deliver to the judges of each precinct where such
election is to be held, the printed register required by Section 6-43
of this Article and the supplemental list or lists aforesaid, together
with a certification thereof bearing the facsimile signature of the
executive director of the board attesting that the persons
whose names appear
on such printed register as revised or corrected by the supplemental
list or lists, are qualified to vote at such election in the precinct
indicated at the top of the list. The printed register, and supplemental
list or lists, together with the certification of the executive director shall
be firmly attached to each other.
In case the printed register or supplemental list or lists, together
with the certification by the executive director of
the board be lost or
destroyed, the board of election commissioners shall furnish a duplicate
thereof upon request of any judge of election.
The original and supplemental lists may be consolidated into one
list. In the event of such consolidation the certification herein
required by the executive director shall be attached
to such consolidated list.
(Source: P.A. 82-373.)
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10 ILCS 5/6-49
(10 ILCS 5/6-49) (from Ch. 46, par. 6-49)
Sec. 6-49.
The registration hereinabove provided preceding the first
Tuesday after the first Monday in November, 1936, shall constitute a
permanent registration, subject to revision and alteration in the manner
hereinafter provided. However, except as provided in Section 6-49.1 of
this Article, the registration hereinabove provided for shall constitute a
permanent registration only until September 15, 1961, in municipalities
having 3 days of precinct registration preceding the 1962 primary election
and only until the last day of precinct re-registration in 1970 in other
municipalities, at which time such registrations shall become null and void
and shall be cancelled immediately thereafter by such Board.
All registrations subsequent to that hereinbefore provided shall be upon
registration record cards provided by the Board of Election Commissioners
in accordance with the provisions of Section 6-35 of this Article.
(Source: Laws 1967, p. 2987.)
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10 ILCS 5/6-49.1
(10 ILCS 5/6-49.1) (from Ch. 46, par. 6-49.1)
Sec. 6-49.1.
In municipalities of 500,000 or more inhabitants having a
Board of Election Commissioners and in all cities, villages and
incorporated towns under the jurisdiction of such Board of Election
Commissioners there shall be 3 days of registration in each precinct
preceding the April 10, 1962 State and County Primary Election. The first
of such 3 days of registration shall be on Friday, September 15, 1961; the
second of such 3 days of registration shall be on Friday, October 13, 1961;
and the third of such 3 days of registration shall be on Tuesday, March 13,
1962. Any registration received by the Board of Election Commissioners
after July 15, 1961 shall be considered a part of the re-registration
required by this Section and shall constitute a permanent registration
subject to revision and alteration in the manner hereafter provided in this
Article. In all other cities, villages and incorporated towns the
registration heretofore in effect shall continue unless the Board of
Election Commissioners for any such other cities, villages or incorporated
towns files with the clerk of such other city, village or incorporated
town, prior to October 15, 1969, a resolution, or copy thereof, expressing
the need for a general registration therein preceding the June, 1970, State
and county primary election. If such resolution is so filed, there shall be
a re-registration in 1969 and 1970 as hereinafter in this Section provided.
The registration herein provided in this Section 6-49.1 shall constitute a
permanent registration subject to revision and alteration in the manner
hereinafter provided in this Article.
In municipalities having fewer than 500,000 inhabitants and having a
board of election commissioners and in which a resolution expressing the
need for a general registration preceding the June, 1970, primary has been
filed as provided in this Section, there shall be 3 days of registration in
each precinct preceding the primary election of June 9, 1970. The first of
such 3 days of registration shall be Friday, November 21, 1969; the second,
Friday, December 19, 1969; and the third, Tuesday, January 15, 1970. Any
registration received by the board of election commissioners after
September 1, 1970, shall be considered a part of the re-registration
required by this Section and shall constitute a permanent registration
subject to revision and alteration in the manner hereinafter provided in
this Article.
The place of registration in each precinct shall be designated by the
Board of Election Commissioners and public notice thereof given, and the
provisions of Article 11, Section 11-4 of this Act shall apply thereto.
The registration places so designated shall be open from 8:00 a.m. until
9:00 p.m. on each of such days of registration. All of the provisions of
this Article 6 shall apply to such registration.
(Source: Laws 1967, p. 2987.)
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10 ILCS 5/6-50
(10 ILCS 5/6-50) (from Ch. 46, par. 6-50)
Sec. 6-50.
The office of the board of election commissioners shall be open
during ordinary business hours of each week day, from 9 a.m. to 12 o'clock noon
on the last four Saturdays immediately preceding the end of the period of
registration
preceding each election, and such other days and
such other times as the board may direct.
There shall be no registration at the office
of the board of election commissioners in cities, villages and incorporated
towns of fewer than 200,000 inhabitants during the 27 days preceding
any
primary, regular or special election at which the cards provided for in
this article are used, or until the second day following such primary,
regular or special election. In cities, villages and incorporated towns of
200,000 or more inhabitants, there shall be no registration of voters at
the office of the board of election commissioners during the 35 days
immediately preceding any election; provided, however, where no precinct
registration is being conducted prior to any election then registration may
be taken in the office of the board up to and including the 28th
day prior
to such 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.
The Board of Election Commissioners shall appoint one or more
registration teams, each consisting of one member from each of the 2
leading political parties, for the purpose of accepting the registration of
any voter who files an affidavit, within the period for taking
registrations provided for in this Article, that he is physically unable to
appear at the office of the Board or at any appointed place of
registration. On the day or days when a precinct registration is being
conducted such teams shall consist of one member from each of the 2 leading
political parties who are serving on the precinct registration board. Each
team so designated shall visit each disabled person and shall accept the
registration of such person the same as if he had applied for registration
in person.
The office of the board of election commissioners may be designated as a
place of registration under Section 6-51 of this Article and, if so
designated, may also be open for purposes of registration on such day or
days as may be specified by the board of election commissioners under the
provisions of that Section.
(Source: P.A. 92-816, eff. 8-21-02.)
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10 ILCS 5/6-50.1
(10 ILCS 5/6-50.1) (from Ch. 46, par. 6-50.1)
Sec. 6-50.1.
In addition to registration at the office of the board of election
commissioners, the board of election commissioners shall provide the following
methods of registration:
(1) The appointment of deputy registrars as provided in Section 6-50.2;
(2) The establishment of temporary places of registration
as provided in Section 6-50.3.
The board of election commissioners may provide for registration pursuant
to Section 6-51.
(Source: P.A. 83-1059.)
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10 ILCS 5/6-50.2
(10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
Sec. 6-50.2. (a) The board of election commissioners shall appoint all
precinct committeepersons in the election jurisdiction as deputy registrars
who may accept the registration of any qualified resident of the State, except during the 27 days preceding an election.
The board of election commissioners shall appoint each of the following
named persons as deputy registrars upon the written request of such persons:
1. The chief librarian, or a qualified person |
| designated by the chief librarian, of any public library situated within the election jurisdiction, who may accept the registrations of any qualified resident of the State, at such library.
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2. The principal, or a qualified person designated by
| | the principal, of any high school, elementary school, or vocational school situated within the election jurisdiction, who may accept the registrations of any resident of the State, at such school. The board of election commissioners shall notify every principal and vice-principal of each high school, elementary school, and vocational school situated in the election jurisdiction of their eligibility to serve as deputy registrars and offer training courses for service as deputy registrars at conveniently located facilities at least 4 months prior to every election.
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3. The president, or a qualified person designated by
| | the president, of any university, college, community college, academy or other institution of learning situated within the State, who may accept the registrations of any resident of the election jurisdiction, at such university, college, community college, academy or institution.
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4. A duly elected or appointed official of a bona
| | fide labor organization, or a reasonable number of qualified members designated by such official, who may accept the registrations of any qualified resident of the State.
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5. A duly elected or appointed official of a bona
| | fide State civic organization, as defined and determined by rule of the State Board of Elections, or qualified members designated by such official, who may accept the registration of any qualified resident of the State. In determining the number of deputy registrars that shall be appointed, the board of election commissioners shall consider the population of the jurisdiction, the size of the organization, the geographic size of the jurisdiction, convenience for the public, the existing number of deputy registrars in the jurisdiction and their location, the registration activities of the organization and the need to appoint deputy registrars to assist and facilitate the registration of non-English speaking individuals. In no event shall a board of election commissioners fix an arbitrary number applicable to every civic organization requesting appointment of its members as deputy registrars. The State Board of Elections shall by rule provide for certification of bona fide State civic organizations. Such appointments shall be made for a period not to exceed 2 years, terminating on the first business day of the month following the month of the general election, and shall be valid for all periods of voter registration as provided by this Code during the terms of such appointments.
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6. The Director of Healthcare and Family Services, or
| | a reasonable number of employees designated by the Director and located at public aid offices, who may accept the registration of any qualified resident of the election jurisdiction at any such public aid office.
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7. The Director of the Illinois Department of
| | Employment Security, or a reasonable number of employees designated by the Director and located at unemployment offices, who may accept the registration of any qualified resident of the election jurisdiction at any such unemployment office. If the request to be appointed as deputy registrar is denied, the board of election commissioners shall, within 10 days after the date the request is submitted, provide the affected individual or organization with written notice setting forth the specific reasons or criteria relied upon to deny the request to be appointed as deputy registrar.
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8. The president of any corporation, as defined by
| | the Business Corporation Act of 1983, or a reasonable number of employees designated by such president, who may accept the registrations of any qualified resident of the State.
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The board of election commissioners may appoint as many additional deputy
registrars as it considers necessary. The board of election commissioners
shall appoint such additional deputy registrars in such manner that the
convenience of the public is served, giving due consideration to both
population concentration and area. Some of the additional deputy
registrars shall be selected so that there are an equal number from
each of the 2 major political parties in the election jurisdiction. The
board of election commissioners, in appointing an additional deputy registrar,
shall make the appointment from a list of applicants submitted by the Chairman
of the County Central Committee of the applicant's political party. A Chairman
of a County Central Committee shall submit a list of applicants to the board
by November 30 of each year. The board may require a Chairman of a County
Central Committee to furnish a supplemental list of applicants.
Deputy registrars may accept registrations at any time other than the 27
day period preceding an election. All persons appointed as deputy
registrars shall be registered voters within the election jurisdiction and
shall 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 and certified to by one of the commissioners
or by the executive director or by some person designated by the board of
election commissioners, and shall immediately thereafter be filed with the
board of election commissioners. The members of the board of election
commissioners and all persons authorized by them under the provisions of
this Article to take registrations, after themselves taking and subscribing
to the above oath, are authorized to take or administer such oaths and
execute such affidavits as are required by this Article.
Appointments of deputy registrars under this Section, except precinct
committeemen, shall be for 2-year terms, commencing on December 1 following
the general election of each even-numbered year, except that the terms of
the initial appointments shall be until December 1st following the next
general election. Appointments of precinct committeemen shall be for 2-year
terms commencing on the date of the county convention following the general
primary at which they were elected. The county clerk shall issue a
certificate of appointment to each deputy registrar, and shall maintain in
his office for public inspection a list of the names of all appointees.
(b) The board of election commissioners shall be responsible for training
all deputy registrars appointed pursuant to subsection (a), at times and
locations reasonably convenient for both the board of election commissioners
and such appointees. The board of election commissioners shall be responsible
for certifying and supervising all deputy registrars appointed pursuant
to subsection (a). Deputy registrars appointed under subsection (a) shall
be subject to removal for cause.
(c)
Completed registration materials under the control of deputy
registrars appointed pursuant to subsection (a) shall be returned to the
appointing election authority by first-class mail within 2 business days or personal delivery within 7 days, except that completed registration
materials received by the deputy registrars during the period between the
35th and 28th day preceding an election shall be returned by the
deputy
registrars to the appointing election authority within 48 hours after receipt
thereof. The completed registration materials received by the deputy
registrars on the 28th day preceding an election shall be returned
by the
deputy registrars within 24 hours after receipt thereof. Unused materials
shall be returned by deputy registrars appointed pursuant to paragraph 4 of
subsection (a), not later than the next working day following the close of
registration.
(d) The county clerk or board of election commissioners, as the case may
be, must provide any additional forms requested by any deputy registrar
regardless of the number of unaccounted registration forms the deputy registrar
may have in his or her possession.
(e) No deputy registrar shall engage in any electioneering or the promotion
of any cause during the performance of his or her duties.
(f) The board of election commissioners shall not be criminally or
civilly liable for the acts or omissions of any deputy registrar. Such
deputy registrars shall not be deemed to be employees of the board of
election commissioners.
(g) Completed registration materials returned by deputy registrars for persons residing outside the election jurisdiction shall be transmitted by the board of election commissioners within 2 days after receipt to the election authority of the person's election jurisdiction of residence.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/6-50.3
(10 ILCS 5/6-50.3) (from Ch. 46, par. 6-50.3)
Sec. 6-50.3.
The board of election commissioners may establish
temporary places of registration for such times and at such locations as
the board may select. However, no temporary place of registration
may be in operation during the 27 days preceding an election.
Notice of the time and place of registration at any such temporary place of
registration under this Section shall be published by the board of election
commissioners in a newspaper having a general circulation in the city, village
or incorporated town not less than 3 nor more than 15 days before the holding
of such registration.
Temporary places of registration shall be established so that the
areas of concentration of population or use by the public are served,
whether by facilities provided in places of private business or in
public buildings or in mobile units. Areas which may be designated as
temporary places of registration include, but are not limited to, facilities
licensed or certified pursuant to the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act,
Soldiers' and Sailors' Homes,
shopping centers, business districts, public buildings and county fairs.
Temporary places of registration shall be available to the public not
less than 2 hours per year for each 1,000 population or fraction thereof
in the county.
All temporary places of registration shall be manned by employees of the
board of election commissioners or deputy registrars appointed pursuant
to Section 6-50.2.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
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10 ILCS 5/6-51
(10 ILCS 5/6-51) (from Ch. 46, par. 6-51)
Sec. 6-51.
Prior to any election the board of election commissioners
may, in the manner provided by this Section, designate convenient places
in the city, village or incorporated town for the registration of
voters. A list of such places shall be submitted to and be subject to
the approval of the circuit court, and notice of the time and place for
such registration shall be given by publication in a newspaper in such
city, village or incorporated town 20 days before such registration. In
cities, villages and incorporated towns of 200,000 or more, at least one
such place shall be designated for each 30,000 inhabitants, and at least
one shall be designated for each ward of such city, village or
incorporated town and for each city, village or incorporated town under
the jurisdiction of a board of election commissioners; but the
requirement of one place of registration for each 30,000 inhabitants
shall not apply to special elections for a city, village or incorporated
town, or any part thereof, or to any judicial election at which no
officers other than judicial officers are to be elected, or to any
election, general, special or municipal (including a primary election)
that shall be held on or before July 1, in the year immediately
following a congressional election.
The places so designated for registration shall be open from 8
o'clock a. m., to 9 o'clock p. m., on such day or days (not exceeding 2)
as may be specified by the board of election commissioners, but shall
not be open on any day more than 38 days preceding the election or at
any time subsequent to Tuesday, 4 weeks before the election; provided
that in municipalities of more than 200,000 and having a board of
election commissioners and in cities, villages and incorporated towns
within the jurisdiction of such board, such place may be opened on such
day or days as may be specified by the board of election commissioners
but shall not be open on any day more than 38 days preceding the
election, and shall not be open at any time subsequent to Tuesday, 4
weeks before the election.
(Source: P.A. 80-704.)
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10 ILCS 5/6-52
(10 ILCS 5/6-52) (from Ch. 46, par. 6-52)
Sec. 6-52.
Registration under Sections 6-49.1, 6-50, 6-50.2, 6-50.3 and
6-51 of this Article shall be made in the manner provided by Sections 6-34,
6-35 and 6-37 of this Article. With respect to registrations at
the office of the Board of Election Commissioners under Section 6-50
hereof, applications to complete registrations and hearings thereon shall
(except as may be otherwise provided in Sections 6-43 and 6-60 of this
Article) be made and heard at such times as may by rule be prescribed by
the Board of Election Commissioners, but the hearing and decision thereof
by the Board of Election Commissioners shall be within 30 days after the
application for registration. In such cases and in all other cases not
specifically provided for by this Article, applications for hearings by the
court may be made within 5 days after decision by the board in the manner
provided by Section 6-46, and a hearing and decision by such court shall be
had within 30 days after such application.
Appeals may be taken as in other civil cases. In all cases where
registration is had at the office of the Board of Election Commissioners
within 42 days before any election hearings by such board and by the court
shall (except as may be otherwise provided in Sections 6-43 and 6-60 of
this Article) be on the days preceding the election specified in Sections
6-45 and 6-46 of this Article. Hearings and decisions shall be had
within the periods specified by such sections.
(Source: P.A. 79-1364.)
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10 ILCS 5/6-53
(10 ILCS 5/6-53) (from Ch. 46, par. 6-53)
Sec. 6-53.
Any registered elector who changes his residence from one
address number or place to another within the same precinct, city or
village or incorporated town, may have his registration transferred to his
new address by making and signing an application for such change of
residence address upon a form to be provided by such board of election
commissioners. Such application may be made to the office of such board or
at any place designated in accordance with Section 6-51 of this Article.
Upon receipt of such application the board of election commissioners or
officer, employee or deputy registrar designated by such board shall cause
the signature of the voter and the data appearing upon the application to
be compared with the signature and data on the registration record, and if
it appears that the applicant is the same person as the party previously
registered under that name, the transfer shall be made. In case the person
is unable to sign his name the board of election commissioners shall
require such person to execute the request in the presence of the board or
of its properly authorized representative, by his mark, and if satisfied of
the identity of the person, the board of election commissioners shall make
the transfer. The person in charge of the registration shall draw a line
through the last address, ward and precinct number on the original and
duplicate and write the new address, ward and precinct number on the
original and duplicate registration records.
Any registered elector may transfer his registration only at any such
time as is provided by this Article for the registration of voters at the
office of the board. When a removal of a registered voter takes place from
one address to another within the same precinct within a period during
which such transfer of registration cannot be made, before any election or
primary, he shall be entitled to vote upon presenting to the judges of
election an affidavit of a change and having said affidavit supported by
the affidavit of a qualified voter who is a householder in the same
precinct. Suitable forms for this purpose shall be provided by the board of
election commissioners whose duty it is to conduct the election; and
thereupon the precinct election officials shall report to the board of
election commissioners the names of all such persons who have changed their
address and voted.
The board of election commissioners may obtain information from utility
companies, city records, the post office or from other sources regarding
the removal of registered voters, and notify such voters that a transfer of
registration may be made in the manner provided by this section.
If any person be registered by error in a precinct other than that in
which he resides, a transfer of registration to the precinct in which he
resides may be made in the manner provided by this section.
Where a revision or rearrangement of precincts is made by the board of
election commissioners under the power conferred by Section 11-3 of
Article 11 of this Act, such board shall immediately transfer to the proper
precinct the registration of any voter affected by such revision or
rearrangement of precincts; make the proper notations on the cards in the
master and precinct files; and shall notify the registrant of such change.
(Source: Laws 1967, p. 3449.)
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10 ILCS 5/6-54
(10 ILCS 5/6-54) (from Ch. 46, par. 6-54)
Sec. 6-54. Any registered voter who changes his or her name by marriage or
otherwise, shall be required to register anew and authorize the
cancellation of the previous registration; provided, however, that if the
change of name takes place within a period during which such new
registration cannot be made, next preceding any election or primary, the
elector may, if otherwise qualified, vote upon making the following
affidavit before the judges of election:
"I do solemnly swear that I am the same person now registered in the
.... precinct of the .... ward, under the name of .... and that I still
reside in said precinct.
(Signed)...."
If the voter whose name has changed still resides in the same precinct, the voter may vote after making the affidavit at the polling place regardless of when the change of name occurred. In that event, the affidavit shall not state that the voter is required to register; the affidavit shall be treated by the election authority as authorization to cancel the registration under the former name, and the election authority shall register the voter under his or her current name.
(Source: P.A. 94-645, eff. 8-22-05.)
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10 ILCS 5/6-55
(10 ILCS 5/6-55) (from Ch. 46, par. 6-55)
Sec. 6-55.
The board of election commissioners shall obtain the reports
provided for by sections 6-61 and 6-62 of this Article and shall cancel
the registration of criminals and of deceased persons whose names are
reported to it.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/6-56
(10 ILCS 5/6-56) (from Ch. 46, par. 6-56)
Sec. 6-56.
Not more than 30 nor less than 28 days before any election
under this Article, all owners, managers, administrators or operators of hotels, lodging
houses, rooming houses, furnished apartments or facilities licensed or
certified under
the Nursing Home Care Act, which house 4 or more
persons, outside the members of the family of such owner, manager, administrator or
operator, shall file with the board of election commissioners a report,
under oath, together with one copy thereof, in such form as may be
required by the board of election commissioners, of the names and
descriptions of all lodgers, guests or residents claiming a voting residence at the
hotels, lodging houses, rooming houses, furnished apartments, or facility
licensed or certified under the Nursing Home Care Act, the Specialized Mental Health Rehabilitation Act, or the ID/DD Community Care Act under
their control. In counties having a population of 500,000 or more such
report shall be made on forms mailed to them by the board of election
commissioners. The board of election commissioners shall sort and
assemble the sworn copies of the reports in numerical order according to
ward and according to precincts within each ward and shall, not later
than 5 days after the last day allowed by this Article for the filing of
the reports, maintain one assembled set of sworn duplicate reports
available for public inspection until 60 days after election days.
Except as is otherwise expressly provided in this Article, the board
shall not be required to perform any duties with respect to the sworn
reports other than to mail, sort, assemble, post and file them as
hereinabove provided.
Except in such cases where a precinct canvass is being conducted by
the Board of Election Commissioners prior to a Primary or Election, the
board of election commissioners shall compare the original copy of each
such report with the list of registered voters from such addresses.
Every person registered from such address and not listed in such report
or whose name is different from any name so listed, shall immediately
after the last day of registration be sent a notice through the United
States mail, at the address appearing upon his registration record card,
requiring him to appear before the board of election commissioners on
one of the days specified in Section 6-45 of this Article and show
cause why his registration should not be cancelled. The provisions of
Sections 6-45, 6-46 and 6-47 of this Article shall apply to such
hearing and proceedings subsequent thereto.
Any owner, manager or operator of any such hotel, lodging house,
rooming house or furnished apartment who shall fail or neglect to file
such statement and copy thereof as in this Article provided, may, upon
written information of the attorney for the election commissioners, be
cited by the election commissioners or upon the complaint of any voter
of such city, village or incorporated town, to appear before them and
furnish such sworn statement and copy thereof and make such oral
statements under oath regarding such hotel, lodging house, rooming house
or furnished apartment, as the election commissioners may require. The
election commissioners shall sit to hear such citations on the Friday of
the fourth week preceding the week in which such election is to be held.
Such citation shall be served not later than the day preceding the day
on which it is returnable.
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813, eff. 7-13-12.)
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10 ILCS 5/6-57
(10 ILCS 5/6-57) (from Ch. 46, par. 6-57)
Sec. 6-57.
To each person who registers at the office of the board of
election commissioners or at any place designated by such board under
Section 6-51 of this Article, after the first registration under this
Article, the board shall send by mail a notice setting forth the elector's
name and address as it appears on the registration record card, and shall
request him in case of any error to present the notice on or before the
tenth day next ensuing at the office of the Board of Election Commissioners
in order to secure the correction of the error. Such notice shall contain
on the outside a request for the postmaster to return it within five days
if it cannot be delivered to the addressee at the address given thereon.
Upon the return by the post office of any such notice which it has been
unable to deliver at the given address because the addressee cannot be
found there, a notice shall be at once sent through the United States mail
to such person at the address appearing upon his registration record card
requiring him to appear before the Board of Election Commissioners at a
time and place specified in the notice and show cause why his name should
not be cancelled from the register. Thereafter, proceedings shall be, as
nearly as may be, in conformity with those established by Section 6-52 of
this Article with respect to applications to complete registration. Such
notice may be sent at any time within thirty days after the registration of
any person, but such notice shall be sent within five days after the last
day of registration before any election, to all persons who have registered
since the last preceding election, and to whom no such notice has
theretofore been sent; and where the addressee cannot be found, notice
requiring such person to appear before the board of election commissioners
shall specify dates for hearing before the election not later than those
prescribed by Section 6-45 of this Article.
(Source: Laws 1951, p. 1795.)
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10 ILCS 5/6-58
(10 ILCS 5/6-58) (from Ch. 46, par. 6-58)
Sec. 6-58.
Following each general election occurring in November of
even numbered years, beginning in 1940, the board of election
commissioners shall examine the registration records and shall send to
every voter who has not voted during the last four years, a notice
through the mails, substantially as follows:
NOTICE OF SUSPENSION OF REGISTRATION
"You are hereby notified that your registration will be cancelled
according to law for failure to vote during the last four years, unless
you apply for reinstatement within thirty days. You may reinstate your
registration by signing the statement below and returning it to this
office or by making application in person to do so."
"APPLICATION FOR REINSTATEMENT OF
REGISTRATION
I hereby certify that I still reside at the address from which I am
registered and apply for reinstatement of my registration:
Signed ....
Present address ....
Date ...."
In case the elector is unable to sign his name, the application for
reinstatement shall be made at the office of the board of election
commissioners.
After the expiration of thirty days the board of election
commissioners shall cancel the registration of all electors thus
notified who have not applied for reinstatement. A proper entry shall be
made on the registration record for all electors whose registration is
reinstated. Any elector whose registration has been cancelled for
failure to vote may register again by making application therefor in the
manner provided by this Article.
When a registration is cancelled under this or other sections of this
Article, a proper entry shall be made upon the face of the original and
duplicate records, which shall then be placed in a file of cancelled
registrations and shall be preserved for two years from date of
cancellation.
The Board of Election Commissioners shall, however, keep the cancelled
cards in a suspense
file for 2 years and reinstate them at any time within such 2 year suspense
period, when a person's registration is cancelled under this or other Sections of
this Article for failure to apply for reinstatement or to appear in proper
time, and there is sufficient subsequent showing that he is a duly qualified elector.
(Source: P.A. 81-155.)
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10 ILCS 5/6-59
(10 ILCS 5/6-59) (from Ch. 46, par. 6-59)
Sec. 6-59.
The Board of Election Commissioners on its own initiative,
or upon order of the circuit court, shall at all times have authority to
conduct investigations and to make canvasses of the registered voters in
any precinct or precincts within its jurisdiction either by the methods
provided in this Article or at other times and by other methods than
those prescribed herein. However, the Board of Election Commissioners
shall, at least
once in every 2 years, conduct a verification of voter registrations
and shall cause the cancellation of registration
of persons who have ceased to be qualified voters. Such verification shall
be accomplished by one of the following methods: (1) precinct canvass conducted
by 2 qualified persons of opposite party affiliation appointed by the Board
of Election Commissioners or (2) written request sent to each registered
voter by first class mail, not forwardable or (3) an alternative method
of verification submitted in writing to and approved by The State Board
of Elections at a public meeting not less than 60 days prior to the date
on which the Board of Election Commissioners has fixed for implementation
of that method of verification; provided, said Board shall submit to the
State Board of Elections a written statement of the results obtained by
use of such alternative method within 30 days of the completion of the verification.
If, upon
the basis of investigations or canvasses, the board shall be of the
opinion that any person registered under this Article is not a qualified
voter or has ceased to be a qualified voter, it shall send a notice
through the United States mail to such person, requiring him to appear
before such board at a time specified in such notice, not less than 10
nor more than 30 days after the mailing of such notice and show cause
why his registration should not be cancelled. If such a person does not
appear, his registration shall be cancelled. If such a person does
appear he shall make an affidavit and shall be heard in the manner
provided by Section 6-45 of this Article, and if his registration is
cancelled as a result of such a hearing, he shall be entitled to a
hearing in the circuit court and to an appeal to the Supreme Court in
the manner provided by Section 6-52 of this Article.
Whenever the Board of Election Commissioners acting under authority
of this section conducts a canvass of the registered voters in any
precinct or precincts and the board designates canvassers to conduct the
canvass, the board shall appoint as canvassers persons affiliated with
the leading political parties in like manner as judges of election are
appointed under the provisions of Section 14-4 of this Act; provided
that in each precinct in counties of 500,000 inhabitants or more, one
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