State of Illinois
91st General Assembly
Legislation

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91_HB0459

 
                                               LRB9102396MWgc

 1        AN ACT to amend the Election Code  by  changing  Sections
 2    7-43 and 7-44.

 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:

 5        Section 5.  The Election  Code  is  amended  by  changing
 6    Sections 7-43 and 7-44 as follows:

 7        (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
 8        Sec.  7-43.   Every person having resided in this State 6
 9    months and in the precinct 30 days next preceding any primary
10    therein who shall be a citizen of the United  States  of  the
11    age  of  18  or more years, shall be entitled to vote at such
12    primary.
13        The  following  regulations  shall   be   applicable   to
14    primaries:
15        No person shall be entitled to vote at a primary:
16        (a)  Unless   he   declares  his  party  affiliations  as
17    required by this Article.
18        (b)  Who shall have signed the petition for nomination of
19    a candidate of any party with which he  does  not  affiliate,
20    when such candidate is to be voted for at the primary.
21        (a)  (c)  Who  shall have signed the nominating papers of
22    an independent candidate for  any  office  for  which  office
23    candidates  for  nomination  are  to  be  voted  for  at such
24    primary.
25        (b) (c.5)  If that person has participated  in  the  town
26    political  party  caucus, under Section 45-50 of the Township
27    Code, of another political party by signing an  affidavit  of
28    voters  attending  the caucus within 45 days before the first
29    day of the calendar month in which the primary is held.
30        (d)  If he has voted at a primary held under this Article
31    7 of another political party within a period of  23  calendar
 
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 1    months  next  preceding  the  calendar  month  in  which such
 2    primary is held: Provided, participation by a primary elector
 3    in a primary of a political party which, under the provisions
 4    of Section 7-2 of this Article, is a political party within a
 5    city, village or incorporated town or town only and  entitled
 6    hereunder to make nominations of candidates for city, village
 7    or  incorporated  town or town offices only, and for no other
 8    office or offices, shall not disqualify such primary  elector
 9    from  participating  in  other  primaries  of his party: And,
10    provided, that no qualified voter  shall  be  precluded  from
11    participating  in  the primary of any purely city, village or
12    incorporated  town  or  town  political   party   under   the
13    provisions  of  Section 7-2 of this Article by reason of such
14    voter having voted at the primary of another political  party
15    within  a  period  of  23  calendar months next preceding the
16    calendar month in which he seeks to participate is held.
17        (c)  (e)  In  cities,  villages  and  incorporated  towns
18    having  a  board  of  election  commissioners   only   voters
19    registered  as  provided  by  Article  6 of this Act shall be
20    entitled to vote at such primary.
21        (d) (f)  No person shall be entitled to vote at a primary
22    unless he is registered under the provisions of Articles 4, 5
23    or 6 of this Act, when his registration is required by any of
24    said Articles to entitle him to vote  at  the  election  with
25    reference to which the primary is held.
26    (Source: P.A. 89-331, eff. 8-17-95.)

27        (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
28        Sec.  7-44.  (a) Any person desiring to vote at a primary
29    shall state his name and, residence and party affiliation  to
30    the  primary judges, one of whom shall thereupon announce the
31    same in a distinct tone of voice,  sufficiently  loud  to  be
32    heard  by all persons in the polling place. When Article 4, 5
33    or 6  is  applicable  the  Certificate  of  Registered  Voter
 
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 1    therein  prescribed shall be made and signed and the official
 2    poll record shall be made. If the person desiring to vote  is
 3    not  challenged,  one of the primary judges shall give to him
 4    one, and only one, primary ballot of each of the  established
 5    political  parties  nominating  candidates  for office at the
 6    primary election, but the voter may cast a ballot of only one
 7    political party, except as otherwise provided  in  subsection
 8    (b)  party  with which he declares himself affiliated, on the
 9    back of which the such primary judge shall endorse his or her
10     initials in such manner that  they  may  be  seen  when  the
11    primary  ballot is properly folded. If the person desiring to
12    vote is challenged he shall not receive a primary ballot from
13    the primary judges until he or she shall have established his
14    or her right to vote as hereinafter provided in this Article.
15    No person who refuses to state his party affiliation shall be
16    allowed to vote at a primary.
17        (b)  A person who casts a ballot of  declares  his  party
18    affiliation  with a statewide established political party and
19    requests a primary ballot of such party may nonetheless  also
20    declare  his  affiliation  with a political party established
21    only within a political subdivision, and may also vote in the
22    primary of a such  local  political  party  established  only
23    within  a  political  subdivision  on  the same election day,
24    provided that the such voter may not vote in both such  party
25    primaries  with  respect  to  offices  of  the same political
26    subdivision.   However,  no  person  casting  a   ballot   of
27    declaring   his  affiliation  with  a  Statewide  established
28    political  party  may  vote  in  the  primary  of  any  other
29    statewide political party on the same election day.  A  space
30    shall  be provided on the primary ballot indicating for which
31    political party the voter cast his or her votes and the voter
32    may mark the space on the ballot of only one political  party
33    indicating  that  party, except as otherwise provided in this
34    Section. If the voter desires to cast his or her ballot of  a
 
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 1    Statewide  political  party and a political party established
 2    only within a political subdivision, the voter  may  indicate
 3    that  choice  by  marking the space provided on the ballot of
 4    the Statewide political party and by also marking  the  space
 5    provided  on  the  ballot  of the political party established
 6    only within a political subdivision.  If the voter  does  not
 7    mark the space on the primary ballot indicating the political
 8    party  in  which  the  voter cast his or her ballot, or marks
 9    more than one such space, the judges of election shall  count
10    only the votes of the political party in which the voter cast
11    a vote for the office nearest the top of the ballot.
12    (Source: P.A. 81-1535.)

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