Rep. Gregory Harris

Filed: 11/12/2019

 

 


 

 


 
10100SB1863ham004LRB101 10839 SMS 64633 a

1
AMENDMENT TO SENATE BILL 1863

2    AMENDMENT NO. ______. Amend Senate Bill 1863 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Freedom of Information Act is amended by
5changing Section 7 as follows:
 
6    (5 ILCS 140/7)  (from Ch. 116, par. 207)
7    Sec. 7. Exemptions.
8    (1) When a request is made to inspect or copy a public
9record that contains information that is exempt from disclosure
10under this Section, but also contains information that is not
11exempt from disclosure, the public body may elect to redact the
12information that is exempt. The public body shall make the
13remaining information available for inspection and copying.
14Subject to this requirement, the following shall be exempt from
15inspection and copying:
16        (a) Information specifically prohibited from

 

 

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1    disclosure by federal or State law or rules and regulations
2    implementing federal or State law.
3        (b) Private information, unless disclosure is required
4    by another provision of this Act, a State or federal law or
5    a court order.
6        (b-5) Files, documents, and other data or databases
7    maintained by one or more law enforcement agencies and
8    specifically designed to provide information to one or more
9    law enforcement agencies regarding the physical or mental
10    status of one or more individual subjects.
11        (c) Personal information contained within public
12    records, the disclosure of which would constitute a clearly
13    unwarranted invasion of personal privacy, unless the
14    disclosure is consented to in writing by the individual
15    subjects of the information. "Unwarranted invasion of
16    personal privacy" means the disclosure of information that
17    is highly personal or objectionable to a reasonable person
18    and in which the subject's right to privacy outweighs any
19    legitimate public interest in obtaining the information.
20    The disclosure of information that bears on the public
21    duties of public employees and officials shall not be
22    considered an invasion of personal privacy.
23        (d) Records in the possession of any public body
24    created in the course of administrative enforcement
25    proceedings, and any law enforcement or correctional
26    agency for law enforcement purposes, but only to the extent

 

 

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1    that disclosure would:
2            (i) interfere with pending or actually and
3        reasonably contemplated law enforcement proceedings
4        conducted by any law enforcement or correctional
5        agency that is the recipient of the request;
6            (ii) interfere with active administrative
7        enforcement proceedings conducted by the public body
8        that is the recipient of the request;
9            (iii) create a substantial likelihood that a
10        person will be deprived of a fair trial or an impartial
11        hearing;
12            (iv) unavoidably disclose the identity of a
13        confidential source, confidential information
14        furnished only by the confidential source, or persons
15        who file complaints with or provide information to
16        administrative, investigative, law enforcement, or
17        penal agencies; except that the identities of
18        witnesses to traffic accidents, traffic accident
19        reports, and rescue reports shall be provided by
20        agencies of local government, except when disclosure
21        would interfere with an active criminal investigation
22        conducted by the agency that is the recipient of the
23        request;
24            (v) disclose unique or specialized investigative
25        techniques other than those generally used and known or
26        disclose internal documents of correctional agencies

 

 

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1        related to detection, observation or investigation of
2        incidents of crime or misconduct, and disclosure would
3        result in demonstrable harm to the agency or public
4        body that is the recipient of the request;
5            (vi) endanger the life or physical safety of law
6        enforcement personnel or any other person; or
7            (vii) obstruct an ongoing criminal investigation
8        by the agency that is the recipient of the request.
9        (d-5) A law enforcement record created for law
10    enforcement purposes and contained in a shared electronic
11    record management system if the law enforcement agency that
12    is the recipient of the request did not create the record,
13    did not participate in or have a role in any of the events
14    which are the subject of the record, and only has access to
15    the record through the shared electronic record management
16    system.
17        (e) Records that relate to or affect the security of
18    correctional institutions and detention facilities.
19        (e-5) Records requested by persons committed to the
20    Department of Corrections, Department of Human Services
21    Division of Mental Health, or a county jail if those
22    materials are available in the library of the correctional
23    institution or facility or jail where the inmate is
24    confined.
25        (e-6) Records requested by persons committed to the
26    Department of Corrections, Department of Human Services

 

 

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1    Division of Mental Health, or a county jail if those
2    materials include records from staff members' personnel
3    files, staff rosters, or other staffing assignment
4    information.
5        (e-7) Records requested by persons committed to the
6    Department of Corrections or Department of Human Services
7    Division of Mental Health if those materials are available
8    through an administrative request to the Department of
9    Corrections or Department of Human Services Division of
10    Mental Health.
11        (e-8) Records requested by a person committed to the
12    Department of Corrections, Department of Human Services
13    Division of Mental Health, or a county jail, the disclosure
14    of which would result in the risk of harm to any person or
15    the risk of an escape from a jail or correctional
16    institution or facility.
17        (e-9) Records requested by a person in a county jail or
18    committed to the Department of Corrections or Department of
19    Human Services Division of Mental Health, containing
20    personal information pertaining to the person's victim or
21    the victim's family, including, but not limited to, a
22    victim's home address, home telephone number, work or
23    school address, work telephone number, social security
24    number, or any other identifying information, except as may
25    be relevant to a requester's current or potential case or
26    claim.

 

 

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1        (e-10) Law enforcement records of other persons
2    requested by a person committed to the Department of
3    Corrections, Department of Human Services Division of
4    Mental Health, or a county jail, including, but not limited
5    to, arrest and booking records, mug shots, and crime scene
6    photographs, except as these records may be relevant to the
7    requester's current or potential case or claim.
8        (f) Preliminary drafts, notes, recommendations,
9    memoranda and other records in which opinions are
10    expressed, or policies or actions are formulated, except
11    that a specific record or relevant portion of a record
12    shall not be exempt when the record is publicly cited and
13    identified by the head of the public body. The exemption
14    provided in this paragraph (f) extends to all those records
15    of officers and agencies of the General Assembly that
16    pertain to the preparation of legislative documents.
17        (g) Trade secrets and commercial or financial
18    information obtained from a person or business where the
19    trade secrets or commercial or financial information are
20    furnished under a claim that they are proprietary,
21    privileged, or confidential, and that disclosure of the
22    trade secrets or commercial or financial information would
23    cause competitive harm to the person or business, and only
24    insofar as the claim directly applies to the records
25    requested.
26        The information included under this exemption includes

 

 

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1    all trade secrets and commercial or financial information
2    obtained by a public body, including a public pension fund,
3    from a private equity fund or a privately held company
4    within the investment portfolio of a private equity fund as
5    a result of either investing or evaluating a potential
6    investment of public funds in a private equity fund. The
7    exemption contained in this item does not apply to the
8    aggregate financial performance information of a private
9    equity fund, nor to the identity of the fund's managers or
10    general partners. The exemption contained in this item does
11    not apply to the identity of a privately held company
12    within the investment portfolio of a private equity fund,
13    unless the disclosure of the identity of a privately held
14    company may cause competitive harm.
15        Nothing contained in this paragraph (g) shall be
16    construed to prevent a person or business from consenting
17    to disclosure.
18        (h) Proposals and bids for any contract, grant, or
19    agreement, including information which if it were
20    disclosed would frustrate procurement or give an advantage
21    to any person proposing to enter into a contractor
22    agreement with the body, until an award or final selection
23    is made. Information prepared by or for the body in
24    preparation of a bid solicitation shall be exempt until an
25    award or final selection is made.
26        (i) Valuable formulae, computer geographic systems,

 

 

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1    designs, drawings and research data obtained or produced by
2    any public body when disclosure could reasonably be
3    expected to produce private gain or public loss. The
4    exemption for "computer geographic systems" provided in
5    this paragraph (i) does not extend to requests made by news
6    media as defined in Section 2 of this Act when the
7    requested information is not otherwise exempt and the only
8    purpose of the request is to access and disseminate
9    information regarding the health, safety, welfare, or
10    legal rights of the general public.
11        (j) The following information pertaining to
12    educational matters:
13            (i) test questions, scoring keys and other
14        examination data used to administer an academic
15        examination;
16            (ii) information received by a primary or
17        secondary school, college, or university under its
18        procedures for the evaluation of faculty members by
19        their academic peers;
20            (iii) information concerning a school or
21        university's adjudication of student disciplinary
22        cases, but only to the extent that disclosure would
23        unavoidably reveal the identity of the student; and
24            (iv) course materials or research materials used
25        by faculty members.
26        (k) Architects' plans, engineers' technical

 

 

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1    submissions, and other construction related technical
2    documents for projects not constructed or developed in
3    whole or in part with public funds and the same for
4    projects constructed or developed with public funds,
5    including, but not limited to, power generating and
6    distribution stations and other transmission and
7    distribution facilities, water treatment facilities,
8    airport facilities, sport stadiums, convention centers,
9    and all government owned, operated, or occupied buildings,
10    but only to the extent that disclosure would compromise
11    security.
12        (l) Minutes of meetings of public bodies closed to the
13    public as provided in the Open Meetings Act until the
14    public body makes the minutes available to the public under
15    Section 2.06 of the Open Meetings Act.
16        (m) Communications between a public body and an
17    attorney or auditor representing the public body that would
18    not be subject to discovery in litigation, and materials
19    prepared or compiled by or for a public body in
20    anticipation of a criminal, civil, or administrative
21    proceeding upon the request of an attorney advising the
22    public body, and materials prepared or compiled with
23    respect to internal audits of public bodies.
24        (n) Records relating to a public body's adjudication of
25    employee grievances or disciplinary cases; however, this
26    exemption shall not extend to the final outcome of cases in

 

 

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1    which discipline is imposed.
2        (o) Administrative or technical information associated
3    with automated data processing operations, including, but
4    not limited to, software, operating protocols, computer
5    program abstracts, file layouts, source listings, object
6    modules, load modules, user guides, documentation
7    pertaining to all logical and physical design of
8    computerized systems, employee manuals, and any other
9    information that, if disclosed, would jeopardize the
10    security of the system or its data or the security of
11    materials exempt under this Section.
12        (p) Records relating to collective negotiating matters
13    between public bodies and their employees or
14    representatives, except that any final contract or
15    agreement shall be subject to inspection and copying.
16        (q) Test questions, scoring keys, and other
17    examination data used to determine the qualifications of an
18    applicant for a license or employment.
19        (r) The records, documents, and information relating
20    to real estate purchase negotiations until those
21    negotiations have been completed or otherwise terminated.
22    With regard to a parcel involved in a pending or actually
23    and reasonably contemplated eminent domain proceeding
24    under the Eminent Domain Act, records, documents, and
25    information relating to that parcel shall be exempt except
26    as may be allowed under discovery rules adopted by the

 

 

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1    Illinois Supreme Court. The records, documents, and
2    information relating to a real estate sale shall be exempt
3    until a sale is consummated.
4        (s) Any and all proprietary information and records
5    related to the operation of an intergovernmental risk
6    management association or self-insurance pool or jointly
7    self-administered health and accident cooperative or pool.
8    Insurance or self insurance (including any
9    intergovernmental risk management association or self
10    insurance pool) claims, loss or risk management
11    information, records, data, advice or communications.
12        (t) Information contained in or related to
13    examination, operating, or condition reports prepared by,
14    on behalf of, or for the use of a public body responsible
15    for the regulation or supervision of financial
16    institutions, insurance companies, or pharmacy benefit
17    managers, unless disclosure is otherwise required by State
18    law.
19        (u) Information that would disclose or might lead to
20    the disclosure of secret or confidential information,
21    codes, algorithms, programs, or private keys intended to be
22    used to create electronic or digital signatures under the
23    Electronic Commerce Security Act.
24        (v) Vulnerability assessments, security measures, and
25    response policies or plans that are designed to identify,
26    prevent, or respond to potential attacks upon a community's

 

 

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1    population or systems, facilities, or installations, the
2    destruction or contamination of which would constitute a
3    clear and present danger to the health or safety of the
4    community, but only to the extent that disclosure could
5    reasonably be expected to jeopardize the effectiveness of
6    the measures or the safety of the personnel who implement
7    them or the public. Information exempt under this item may
8    include such things as details pertaining to the
9    mobilization or deployment of personnel or equipment, to
10    the operation of communication systems or protocols, or to
11    tactical operations.
12        (w) (Blank).
13        (x) Maps and other records regarding the location or
14    security of generation, transmission, distribution,
15    storage, gathering, treatment, or switching facilities
16    owned by a utility, by a power generator, or by the
17    Illinois Power Agency.
18        (y) Information contained in or related to proposals,
19    bids, or negotiations related to electric power
20    procurement under Section 1-75 of the Illinois Power Agency
21    Act and Section 16-111.5 of the Public Utilities Act that
22    is determined to be confidential and proprietary by the
23    Illinois Power Agency or by the Illinois Commerce
24    Commission.
25        (z) Information about students exempted from
26    disclosure under Sections 10-20.38 or 34-18.29 of the

 

 

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1    School Code, and information about undergraduate students
2    enrolled at an institution of higher education exempted
3    from disclosure under Section 25 of the Illinois Credit
4    Card Marketing Act of 2009.
5        (aa) Information the disclosure of which is exempted
6    under the Viatical Settlements Act of 2009.
7        (bb) Records and information provided to a mortality
8    review team and records maintained by a mortality review
9    team appointed under the Department of Juvenile Justice
10    Mortality Review Team Act.
11        (cc) Information regarding interments, entombments, or
12    inurnments of human remains that are submitted to the
13    Cemetery Oversight Database under the Cemetery Care Act or
14    the Cemetery Oversight Act, whichever is applicable.
15        (dd) Correspondence and records (i) that may not be
16    disclosed under Section 11-9 of the Illinois Public Aid
17    Code or (ii) that pertain to appeals under Section 11-8 of
18    the Illinois Public Aid Code.
19        (ee) The names, addresses, or other personal
20    information of persons who are minors and are also
21    participants and registrants in programs of park
22    districts, forest preserve districts, conservation
23    districts, recreation agencies, and special recreation
24    associations.
25        (ff) The names, addresses, or other personal
26    information of participants and registrants in programs of

 

 

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1    park districts, forest preserve districts, conservation
2    districts, recreation agencies, and special recreation
3    associations where such programs are targeted primarily to
4    minors.
5        (gg) Confidential information described in Section
6    1-100 of the Illinois Independent Tax Tribunal Act of 2012.
7        (hh) The report submitted to the State Board of
8    Education by the School Security and Standards Task Force
9    under item (8) of subsection (d) of Section 2-3.160 of the
10    School Code and any information contained in that report.
11        (ii) Records requested by persons committed to or
12    detained by the Department of Human Services under the
13    Sexually Violent Persons Commitment Act or committed to the
14    Department of Corrections under the Sexually Dangerous
15    Persons Act if those materials: (i) are available in the
16    library of the facility where the individual is confined;
17    (ii) include records from staff members' personnel files,
18    staff rosters, or other staffing assignment information;
19    or (iii) are available through an administrative request to
20    the Department of Human Services or the Department of
21    Corrections.
22        (jj) Confidential information described in Section
23    5-535 of the Civil Administrative Code of Illinois.
24        (kk) The public body's credit card numbers, debit card
25    numbers, bank account numbers, Federal Employer
26    Identification Number, security code numbers, passwords,

 

 

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1    and similar account information, the disclosure of which
2    could result in identity theft or impression or defrauding
3    of a governmental entity or a person.
4        (ll) (kk) Records concerning the work of the threat
5    assessment team of a school district.
6        (mm) Risk and vulnerability assessments, security
7    measures, schedules, certifications, and response policies
8    or plans that are designed to detect, defend against,
9    prevent, or respond to potential cyber attacks upon the
10    State's or an election authority's network systems or
11    records that the disclosure of which would constitute an
12    unreasonable risk to the proper administration of
13    elections or voter registration. Information under this
14    paragraph is exempt only to the extent that disclosure
15    could reasonably be expected to jeopardize the
16    effectiveness of the security measures or the safety of
17    computer systems used in the administration of elections.
18    Information exempt under this paragraph includes, but is
19    not limited to, details pertaining to the mobilization or
20    deployment of personnel or equipment, to the operation of
21    communication systems or protocols, or to tactical
22    operations. This exemption applies to records held by the
23    State Board of Elections, the Department of Innovation and
24    Technology, and election authorities.
25    (1.5) Any information exempt from disclosure under the
26Judicial Privacy Act shall be redacted from public records

 

 

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1prior to disclosure under this Act.
2    (2) A public record that is not in the possession of a
3public body but is in the possession of a party with whom the
4agency has contracted to perform a governmental function on
5behalf of the public body, and that directly relates to the
6governmental function and is not otherwise exempt under this
7Act, shall be considered a public record of the public body,
8for purposes of this Act.
9    (3) This Section does not authorize withholding of
10information or limit the availability of records to the public,
11except as stated in this Section or otherwise provided in this
12Act.
13(Source: P.A. 100-26, eff. 8-4-17; 100-201, eff. 8-18-17;
14100-732, eff. 8-3-18; 101-434, eff. 1-1-20; 101-452, eff.
151-1-20; 101-455, eff. 8-23-19; revised 9-27-19.)
 
16    Section 10. The Election Code is amended by changing the
17heading of Article 24C and Sections 1A-8, 4-8, 4-8.03, 5-7,
186-35, 10-10.1, 18A-15, 19-2, 19-4, 19-7, 19-8, 24B-2, 24B-4,
1924B-6, 24B-9, 24C-1, 24C-2, 24C-3, 24C-3.1, 24C-4, 24C-5,
2024C-5.1, 24C-5.2, 24C-6, 24C-6.1, 24C-7, 24C-8, 24C-9, 24C-10,
2124C-11, 24C-12, 24C-13, 24C-14, 24C-15, 24C-15.01, 24C-15.1,
2224C-16, 24C-17, 24C-18, and 24C-19 and by adding Section 19-2.4
23as follows:
 
24    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)

 

 

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1    Sec. 1A-8. The State Board of Elections shall exercise the
2following powers and perform the following duties in addition
3to any powers or duties otherwise provided for by law:
4        (1) Assume all duties and responsibilities of the State
5    Electoral Board and the Secretary of State as heretofore
6    provided in this Code;
7        (2) Disseminate information to and consult with
8    election authorities concerning the conduct of elections
9    and registration in accordance with the laws of this State
10    and the laws of the United States;
11        (3) Furnish to each election authority prior to each
12    primary and general election and any other election it
13    deems necessary, a manual of uniform instructions
14    consistent with the provisions of this Code which shall be
15    used by election authorities in the preparation of the
16    official manual of instruction to be used by the judges of
17    election in any such election. In preparing such manual,
18    the State Board shall consult with representatives of the
19    election authorities throughout the State. The State Board
20    may provide separate portions of the uniform instructions
21    applicable to different election jurisdictions which
22    administer elections under different options provided by
23    law. The State Board may by regulation require particular
24    portions of the uniform instructions to be included in any
25    official manual of instructions published by election
26    authorities. Any manual of instructions published by any

 

 

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1    election authority shall be identical with the manual of
2    uniform instructions issued by the Board, but may be
3    adapted by the election authority to accommodate special or
4    unusual local election problems, provided that all manuals
5    published by election authorities must be consistent with
6    the provisions of this Code in all respects and must
7    receive the approval of the State Board of Elections prior
8    to publication; provided further that if the State Board
9    does not approve or disapprove of a proposed manual within
10    60 days of its submission, the manual shall be deemed
11    approved.
12        (4) Prescribe and require the use of such uniform
13    forms, notices, and other supplies not inconsistent with
14    the provisions of this Code as it shall deem advisable
15    which shall be used by election authorities in the conduct
16    of elections and registrations;
17        (5) Prepare and certify the form of ballot for any
18    proposed amendment to the Constitution of the State of
19    Illinois, or any referendum to be submitted to the electors
20    throughout the State or, when required to do so by law, to
21    the voters of any area or unit of local government of the
22    State;
23        (6) Require such statistical reports regarding the
24    conduct of elections and registration from election
25    authorities as may be deemed necessary;
26        (7) Review and inspect procedures and records relating

 

 

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1    to conduct of elections and registration as may be deemed
2    necessary, and to report violations of election laws to the
3    appropriate State's Attorney or the Attorney General;
4        (8) Recommend to the General Assembly legislation to
5    improve the administration of elections and registration;
6        (9) Adopt, amend or rescind rules and regulations in
7    the performance of its duties provided that all such rules
8    and regulations must be consistent with the provisions of
9    this Article 1A or issued pursuant to authority otherwise
10    provided by law;
11        (10) Determine the validity and sufficiency of
12    petitions filed under Article XIV, Section 3, of the
13    Constitution of the State of Illinois of 1970;
14        (11) Maintain in its principal office a research
15    library that includes, but is not limited to, abstracts of
16    votes by precinct for general primary elections and general
17    elections, current precinct maps and current precinct poll
18    lists from all election jurisdictions within the State. The
19    research library shall be open to the public during regular
20    business hours. Such abstracts, maps and lists shall be
21    preserved as permanent records and shall be available for
22    examination and copying at a reasonable cost;
23        (12) Supervise the administration of the registration
24    and election laws throughout the State;
25        (13) Obtain from the Department of Central Management
26    Services, under Section 405-250 of the Department of

 

 

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1    Central Management Services Law (20 ILCS 405/405-250),
2    such use of electronic data processing equipment as may be
3    required to perform the duties of the State Board of
4    Elections and to provide election-related information to
5    candidates, public and party officials, interested civic
6    organizations and the general public in a timely and
7    efficient manner;
8        (14) To take such action as may be necessary or
9    required to give effect to directions of the national
10    committee or State central committee of an established
11    political party under Sections 7-8, 7-11, and 7-14.1 or
12    such other provisions as may be applicable pertaining to
13    the selection of delegates and alternate delegates to an
14    established political party's national nominating
15    conventions or, notwithstanding any candidate
16    certification schedule contained within this Code, the
17    certification of the Presidential and Vice Presidential
18    candidate selected by the established political party's
19    national nominating convention;
20        (15) To post all early voting sites separated by
21    election authority and hours of operation on its website at
22    least 5 business days before the period for early voting
23    begins;
24        (16) To post on its website the statewide totals, and
25    totals separated by each election authority, for each of
26    the counts received pursuant to Section 1-9.2; and

 

 

10100SB1863ham004- 21 -LRB101 10839 SMS 64633 a

1        (17) To post on its website, in a downloadable format,
2    the information received from each election authority
3    under Section 1-17.
4        (18) To facilitate the State's responsibility for the
5    collection of data as required by the U.S. Census Bureau
6    and provide the necessary resources to enable the General
7    Assembly to carry out their responsibilities related to
8    redistricting contained in subsection (b) of Section 3 of
9    Article IV of the Illinois Constitution.
10    The Board may by regulation delegate any of its duties or
11functions under this Article, except that final determinations
12and orders under this Article shall be issued only by the
13Board.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report as required by
16Section 3.1 of the General Assembly Organization Act, and
17filing such additional copies with the State Government Report
18Distribution Center for the General Assembly as is required
19under paragraph (t) of Section 7 of the State Library Act.
20(Source: P.A. 100-623, eff. 7-20-18; 100-863, eff. 8-14-18;
21100-1148, eff. 12-10-18.)
 
22    (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
23    Sec. 4-8. Blank forms; duplicate record cards;
24identification of applicants' affidavit of registration;
25registration record. The county clerk shall provide a

 

 

10100SB1863ham004- 22 -LRB101 10839 SMS 64633 a

1sufficient number of blank forms for the registration of
2electors, which shall be known as registration record cards and
3which shall consist of loose leaf sheets or cards, of suitable
4size to contain in plain writing and figures the data
5hereinafter required thereon or shall consist of computer cards
6of suitable nature to contain the data required thereon. The
7registration record cards, which shall include an affidavit of
8registration as hereinafter provided, shall be executed in
9duplicate.
10    The registration record card shall contain the following
11and such other information as the county clerk may think it
12proper to require for the identification of the applicant for
13registration:
14    Name. The name of the applicant, giving surname and first
15or Christian name in full, and the middle name or the initial
16for such middle name, if any.
17    Sex.
18    Residence. The name and number of the street, avenue, or
19other location of the dwelling, including the apartment, unit
20or room number, if any, and in the case of a mobile home the lot
21number, and such additional clear and definite description as
22may be necessary to determine the exact location of the
23dwelling of the applicant. Where the location cannot be
24determined by street and number, then the section,
25congressional township and range number may be used, or such
26other description as may be necessary, including post-office

 

 

10100SB1863ham004- 23 -LRB101 10839 SMS 64633 a

1mailing address. In the case of a homeless individual, the
2individual's voting residence that is his or her mailing
3address shall be included on his or her registration record
4card.
5    Term of residence in the State of Illinois and precinct.
6This information shall be furnished by the applicant stating
7the place or places where he resided and the dates during which
8he resided in such place or places during the year next
9preceding the date of the next ensuing election.
10    Nativity. The state or country in which the applicant was
11born.
12    Citizenship. Whether the applicant is native born or
13naturalized. If naturalized, the court, place, and date of
14naturalization.
15    Date of application for registration, i.e., the day, month
16and year when applicant presented himself for registration.
17    Age. Date of birth, by month, day and year.
18    Physical disability of the applicant, if any, at the time
19of registration, which would require assistance in voting.
20    The county and state in which the applicant was last
21registered.
22    Electronic mail address, if any.
23    Signature of voter. The applicant, after the registration
24and in the presence of a deputy registrar or other officer of
25registration shall be required to sign his or her name in ink
26or digitized form to the affidavit on both the original and

 

 

10100SB1863ham004- 24 -LRB101 10839 SMS 64633 a

1duplicate registration record cards.
2    Signature of deputy registrar or officer of registration.
3    In case applicant is unable to sign his name, he may affix
4his mark to the affidavit. In such case the officer empowered
5to give the registration oath shall write a detailed
6description of the applicant in the space provided on the back
7or at the bottom of the card or sheet; and shall ask the
8following questions and record the answers thereto:
9    Father's first name.
10    Mother's first name.
11    From what address did the applicant last register?
12    Reason for inability to sign name.
13    Each applicant for registration shall make an affidavit in
14substantially the following form:
15
AFFIDAVIT OF REGISTRATION
16STATE OF ILLINOIS
17COUNTY OF .......
18    I hereby swear (or affirm) that I am a citizen of the
19United States; that on the date of the next election I shall
20have resided in the State of Illinois and in the election
21precinct in which I reside 30 days and that I intend that this
22location shall be my residence; that I am fully qualified to
23vote, and that the above statements are true.
24
..............................
25
(His or her signature or mark)
26    Subscribed and sworn to before me on (insert date).

 

 

10100SB1863ham004- 25 -LRB101 10839 SMS 64633 a

1..................................
2Signature of registration officer.
3(To be signed in presence of registrant.)
 
4    Space shall be provided upon the face of each registration
5record card for the notation of the voting record of the person
6registered thereon.
7    Each registration record card shall be numbered according
8to precincts, and may be serially or otherwise marked for
9identification in such manner as the county clerk may
10determine.
11    The registration cards shall be deemed public records and
12shall be open to inspection during regular business hours,
13except during the 27 days immediately preceding any election.
14On written request of any candidate or objector or any person
15intending to object to a petition, the election authority shall
16extend its hours for inspection of registration cards and other
17records of the election authority during the period beginning
18with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1928-3 and continuing through the termination of electoral board
20hearings on any objections to petitions containing signatures
21of registered voters in the jurisdiction of the election
22authority. The extension shall be for a period of hours
23sufficient to allow adequate opportunity for examination of the
24records but the election authority is not required to extend
25its hours beyond the period beginning at its normal opening for

 

 

10100SB1863ham004- 26 -LRB101 10839 SMS 64633 a

1business and ending at midnight. If the business hours are so
2extended, the election authority shall post a public notice of
3such extended hours. Registration record cards may also be
4inspected, upon approval of the officer in charge of the cards,
5during the 27 days immediately preceding any election.
6Registration record cards shall also be open to inspection by
7certified judges and poll watchers and challengers at the
8polling place on election day, but only to the extent necessary
9to determine the question of the right of a person to vote or
10to serve as a judge of election. At no time shall poll watchers
11or challengers be allowed to physically handle the registration
12record cards.
13    Updated copies of computer tapes or computer discs or other
14electronic data processing information containing voter
15registration information shall be furnished by the county clerk
16within 10 days after December 15 and May 15 each year and
17within 10 days after each registration period is closed to the
18State Board of Elections in a form prescribed by the Board. For
19the purposes of this Section, a registration period is closed
2027 days before the date of any regular or special election.
21Registration information shall include, but not be limited to,
22the following information: name, sex, residence, telephone
23number, if any, age, party affiliation, if applicable,
24precinct, ward, township, county, and representative,
25legislative and congressional districts. In the event of
26noncompliance, the State Board of Elections is directed to

 

 

10100SB1863ham004- 27 -LRB101 10839 SMS 64633 a

1obtain compliance forthwith with this nondiscretionary duty of
2the election authority by instituting legal proceedings in the
3circuit court of the county in which the election authority
4maintains the registration information. The costs of
5furnishing updated copies of tapes or discs shall be paid at a
6rate of $.00034 per name of registered voters in the election
7jurisdiction, but not less than $50 per tape or disc and shall
8be paid from appropriations made to the State Board of
9Elections for reimbursement to the election authority for such
10purpose. The State Board shall furnish copies of such tapes,
11discs, other electronic data or compilations thereof,
12including, but not limited to, the following information: name,
13sex, residence, telephone number or email address, if
14applicable, date of birth, party affiliation, if applicable,
15precinct, ward, township, county, and representative,
16legislative, and congressional districts, to state political
17committees registered pursuant to the Illinois Campaign
18Finance Act or the Federal Election Campaign Act and to
19governmental entities at least once a month , at their request
20and at a reasonable cost. To protect the privacy and
21confidentiality of voter registration information, the
22disclosure of electronic voter registration records to any
23person or entity other than to a State or local political
24committee and other than to a governmental entity for a
25governmental purpose is specifically prohibited except as
26follows: subject to security measures adopted by the State

 

 

10100SB1863ham004- 28 -LRB101 10839 SMS 64633 a

1Board of Elections which, at a minimum, shall include the
2keeping of a catalog or database, available for public view,
3including the name, address, and telephone number of the person
4viewing the list as well as the time of that viewing, any
5person may view the centralized statewide voter registration
6list on a computer screen at the Springfield office of the
7State Board of Elections, during normal business hours other
8than during the 27 days before an election, but the person
9viewing the list under this exception may not print, duplicate,
10transmit, or alter the list. Copies of the tapes, discs, or
11other electronic data shall be furnished by the county clerk to
12local political committees and governmental entities at their
13request and at a reasonable cost. Reasonable cost of the tapes,
14discs, et cetera for this purpose would be the cost of
15duplication plus 15% for administration. The individual
16representing a political committee requesting copies of such
17tapes shall make a sworn affidavit that the information shall
18be used only for bona fide political purposes, including by or
19for candidates for office or incumbent office holders. Such
20tapes, discs or other electronic data shall not be used under
21any circumstances by any political committee or individuals for
22purposes of commercial solicitation or other business
23purposes. If such tapes contain information on county residents
24related to the operations of county government in addition to
25registration information, that information shall not be used
26under any circumstances for commercial solicitation or other

 

 

10100SB1863ham004- 29 -LRB101 10839 SMS 64633 a

1business purposes. The prohibition in this Section against
2using the computer tapes or computer discs or other electronic
3data processing information containing voter registration
4information for purposes of commercial solicitation or other
5business purposes shall be prospective only from the effective
6date of this amended Act of 1979. Any person who violates this
7provision shall be guilty of a Class 4 felony.
8    The State Board of Elections shall promulgate, by October
91, 1987, such regulations as may be necessary to ensure
10uniformity throughout the State in electronic data processing
11of voter registration information. The regulations shall
12include, but need not be limited to, specifications for uniform
13medium, communications protocol and file structure to be
14employed by the election authorities of this State in the
15electronic data processing of voter registration information.
16Each election authority utilizing electronic data processing
17of voter registration information shall comply with such
18regulations on and after May 15, 1988.
19    If the applicant for registration was last registered in
20another county within this State, he shall also sign a
21certificate authorizing cancellation of the former
22registration. The certificate shall be in substantially the
23following form:
24To the County Clerk of.... County, Illinois. (or)
25To the Election Commission of the City of ...., Illinois.
26    This is to certify that I am registered in your (county)

 

 

10100SB1863ham004- 30 -LRB101 10839 SMS 64633 a

1(city) and that my residence was ............................
2Having moved out of your (county) (city), I hereby authorize
3you to cancel said registration in your office.
4Dated at ...., Illinois, on (insert date).
5
.................................
6
(Signature of Voter)
7Attest: ................,  County Clerk, .............
8County, Illinois.
9    The cancellation certificate shall be mailed immediately
10by the County Clerk to the County Clerk (or election commission
11as the case may be) where the applicant was formerly
12registered. Receipt of such certificate shall be full authority
13for cancellation of any previous registration.
14(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
15    (10 ILCS 5/4-8.03)  (from Ch. 46, par. 4-8.03)
16    Sec. 4-8.03. The State Board of Elections shall design a
17registration record card which, except as otherwise provided in
18this Section, shall be used in triplicate by all election
19authorities in the State, except those election authorities
20adopting a computer-based voter registration file authorized
21under Section 4-33. The Board shall prescribe the form and
22specifications, including but not limited to the weight of
23paper, color and print of such cards. Such cards shall contain
24boxes or spaces for the information required under Sections 4-8
25and 4-21 of this Code; provided, that such cards shall also

 

 

10100SB1863ham004- 31 -LRB101 10839 SMS 64633 a

1contain a box or space for the applicant's social security
2number, which shall be required to the extent allowed by law
3but in no case shall the applicant provide fewer than the last
44 digits of the social security number, and a box for the
5applicant's telephone number, if available.
6    Except for those election authorities adopting a
7computer-based voter registration file authorized under
8Section 4-33, the original and duplicate cards shall
9respectively constitute the master file and precinct binder
10registration records of the voter. A copy shall be given to the
11applicant upon completion of his or her registration or
12completed transfer of registration.
13    Whenever a voter moves to another precinct within the same
14election jurisdiction or to another election jurisdiction in
15the State, such voter may transfer his or her registration by
16presenting his or her copy to the election authority or a
17deputy registrar. If such voter is not in possession of or has
18lost his or her copy, he or she may effect a transfer of
19registration by executing an Affidavit of Cancellation of
20Previous Registration.
21    In the case of a transfer of registration to a new election
22jurisdiction, the election authority shall transmit the
23voter's copy or such affidavit to the election authority of the
24voter's former election jurisdiction, which shall immediately
25cause the transmission of the voter's previous registration
26card to the voter's new election authority. No transfer of

 

 

10100SB1863ham004- 32 -LRB101 10839 SMS 64633 a

1registration to a new election jurisdiction shall be complete
2until the voter's old election authority receives
3notification.
4    Deputy registrars shall return all copies of registration
5record cards or Affidavits of Cancellation of Previous
6Registration to the election authority within 7 working days
7after the receipt thereof, except that such copies or
8Affidavits of Cancellation of Previous Registration received
9by the deputy registrars between the 35th and 28th day
10preceding an election shall be returned by the deputy
11registrars to the election authority within 48 hours after
12receipt. The deputy registrars shall return the copies or
13Affidavits of Cancellation of Previous Registration received
14by them on the 28th day preceding an election to the election
15authority within 24 hours after receipt thereof.
16(Source: P.A. 91-73, eff. 7-9-99; 92-816, eff. 8-21-02.)
 
17    (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
18    Sec. 5-7. The county clerk shall provide a sufficient
19number of blank forms for the registration of electors which
20shall be known as registration record cards and which shall
21consist of loose leaf sheets or cards, of suitable size to
22contain in plain writing and figures the data hereinafter
23required thereon or shall consist of computer cards of suitable
24nature to contain the data required thereon. The registration
25record cards, which shall include an affidavit of registration

 

 

10100SB1863ham004- 33 -LRB101 10839 SMS 64633 a

1as hereinafter provided, shall be executed in duplicate.
2    The registration record card shall contain the following
3and such other information as the county clerk may think it
4proper to require for the identification of the applicant for
5registration:
6    Name. The name of the applicant, giving surname and first
7or Christian name in full, and the middle name or the initial
8for such middle name, if any.
9    Sex.
10    Residence. The name and number of the street, avenue, or
11other location of the dwelling, including the apartment, unit
12or room number, if any, and in the case of a mobile home the lot
13number, and such additional clear and definite description as
14may be necessary to determine the exact location of the
15dwelling of the applicant, including post-office mailing
16address. In the case of a homeless individual, the individual's
17voting residence that is his or her mailing address shall be
18included on his or her registration record card.
19    Term of residence in the State of Illinois and the
20precinct. Which questions may be answered by the applicant
21stating, in excess of 30 days in the State and in excess of 30
22days in the precinct.
23    Nativity. The State or country in which the applicant was
24born.
25    Citizenship. Whether the applicant is native born or
26naturalized. If naturalized, the court, place and date of

 

 

10100SB1863ham004- 34 -LRB101 10839 SMS 64633 a

1naturalization.
2    Date of application for registration, i.e., the day, month
3and year when applicant presented himself for registration.
4    Age. Date of birth, by month, day and year.
5    Physical disability of the applicant, if any, at the time
6of registration, which would require assistance in voting.
7    The county and state in which the applicant was last
8registered.
9    Electronic mail address, if any.
10    Signature of voter. The applicant, after the registration
11and in the presence of a deputy registrar or other officer of
12registration shall be required to sign his or her name in ink
13or digitized form to the affidavit on the original and
14duplicate registration record card.
15    Signature of Deputy Registrar.
16    In case applicant is unable to sign his name, he may affix
17his mark to the affidavit. In such case the officer empowered
18to give the registration oath shall write a detailed
19description of the applicant in the space provided at the
20bottom of the card or sheet; and shall ask the following
21questions and record the answers thereto:
22    Father's first name .......................
23    Mother's first name .......................
24    From what address did you last register?
25    Reason for inability to sign name.
26    Each applicant for registration shall make an affidavit in

 

 

10100SB1863ham004- 35 -LRB101 10839 SMS 64633 a

1substantially the following form:
2
AFFIDAVIT OF REGISTRATION
3State of Illinois)
4                 )ss
5County of        )
6    I hereby swear (or affirm) that I am a citizen of the
7United States; that on the date of the next election I shall
8have resided in the State of Illinois and in the election
9precinct in which I reside 30 days; that I am fully qualified
10to vote. That I intend that this location shall be my residence
11and that the above statements are true.
12
..............................
13
(His or her signature or mark)
14    Subscribed and sworn to before me on (insert date).
15.........................................
16    Signature of Registration Officer.
17(To be signed in presence of Registrant.)
 
18    Space shall be provided upon the face of each registration
19record card for the notation of the voting record of the person
20registered thereon.
21    Each registration record card shall be numbered according
22to towns and precincts, wards, cities and villages, as the case
23may be, and may be serially or otherwise marked for
24identification in such manner as the county clerk may
25determine.

 

 

10100SB1863ham004- 36 -LRB101 10839 SMS 64633 a

1    The registration cards shall be deemed public records and
2shall be open to inspection during regular business hours,
3except during the 27 days immediately preceding any election.
4On written request of any candidate or objector or any person
5intending to object to a petition, the election authority shall
6extend its hours for inspection of registration cards and other
7records of the election authority during the period beginning
8with the filing of petitions under Sections 7-10, 8-8, 10-6 or
928-3 and continuing through the termination of electoral board
10hearings on any objections to petitions containing signatures
11of registered voters in the jurisdiction of the election
12authority. The extension shall be for a period of hours
13sufficient to allow adequate opportunity for examination of the
14records but the election authority is not required to extend
15its hours beyond the period beginning at its normal opening for
16business and ending at midnight. If the business hours are so
17extended, the election authority shall post a public notice of
18such extended hours. Registration record cards may also be
19inspected, upon approval of the officer in charge of the cards,
20during the 27 days immediately preceding any election.
21Registration record cards shall also be open to inspection by
22certified judges and poll watchers and challengers at the
23polling place on election day, but only to the extent necessary
24to determine the question of the right of a person to vote or
25to serve as a judge of election. At no time shall poll watchers
26or challengers be allowed to physically handle the registration

 

 

10100SB1863ham004- 37 -LRB101 10839 SMS 64633 a

1record cards.
2    Updated copies of computer tapes or computer discs or other
3electronic data processing information containing voter
4registration information shall be furnished by the county clerk
5within 10 days after December 15 and May 15 each year and
6within 10 days after each registration period is closed to the
7State Board of Elections in a form prescribed by the Board. For
8the purposes of this Section, a registration period is closed
927 days before the date of any regular or special election.
10Registration information shall include, but not be limited to,
11the following information: name, sex, residence, telephone
12number, if any, age, party affiliation, if applicable,
13precinct, ward, township, county, and representative,
14legislative and congressional districts. In the event of
15noncompliance, the State Board of Elections is directed to
16obtain compliance forthwith with this nondiscretionary duty of
17the election authority by instituting legal proceedings in the
18circuit court of the county in which the election authority
19maintains the registration information. The costs of
20furnishing updated copies of tapes or discs shall be paid at a
21rate of $.00034 per name of registered voters in the election
22jurisdiction, but not less than $50 per tape or disc and shall
23be paid from appropriations made to the State Board of
24Elections for reimbursement to the election authority for such
25purpose. The State Board shall furnish copies of such tapes,
26discs, other electronic data or compilations thereof,

 

 

10100SB1863ham004- 38 -LRB101 10839 SMS 64633 a

1including, but not limited to, the following information: name,
2sex, residence, telephone number or email address, if
3applicable, date of birth, party affiliation, if applicable,
4precinct, ward, township, county, and representative,
5legislative, and congressional districts, to state political
6committees registered pursuant to the Illinois Campaign
7Finance Act or the Federal Election Campaign Act and to
8governmental entities at least once a month , at their request
9and at a reasonable cost. To protect the privacy and
10confidentiality of voter registration information, the
11disclosure of electronic voter registration records to any
12person or entity other than to a State or local political
13committee and other than to a governmental entity for a
14governmental purpose is specifically prohibited except as
15follows: subject to security measures adopted by the State
16Board of Elections which, at a minimum, shall include the
17keeping of a catalog or database, available for public view,
18including the name, address, and telephone number of the person
19viewing the list as well as the time of that viewing, any
20person may view the centralized statewide voter registration
21list on a computer screen at the Springfield office of the
22State Board of Elections, during normal business hours other
23than during the 27 days before an election, but the person
24viewing the list under this exception may not print, duplicate,
25transmit, or alter the list. Copies of the tapes, discs or
26other electronic data shall be furnished by the county clerk to

 

 

10100SB1863ham004- 39 -LRB101 10839 SMS 64633 a

1local political committees and governmental entities at their
2request and at a reasonable cost. Reasonable cost of the tapes,
3discs, et cetera for this purpose would be the cost of
4duplication plus 15% for administration. The individual
5representing a political committee requesting copies of such
6tapes shall make a sworn affidavit that the information shall
7be used only for bona fide political purposes, including by or
8for candidates for office or incumbent office holders. Such
9tapes, discs or other electronic data shall not be used under
10any circumstances by any political committee or individuals for
11purposes of commercial solicitation or other business
12purposes. If such tapes contain information on county residents
13related to the operations of county government in addition to
14registration information, that information shall not be used
15under any circumstances for commercial solicitation or other
16business purposes. The prohibition in this Section against
17using the computer tapes or computer discs or other electronic
18data processing information containing voter registration
19information for purposes of commercial solicitation or other
20business purposes shall be prospective only from the effective
21date of this amended Act of 1979. Any person who violates this
22provision shall be guilty of a Class 4 felony.
23    The State Board of Elections shall promulgate, by October
241, 1987, such regulations as may be necessary to ensure
25uniformity throughout the State in electronic data processing
26of voter registration information. The regulations shall

 

 

10100SB1863ham004- 40 -LRB101 10839 SMS 64633 a

1include, but need not be limited to, specifications for uniform
2medium, communications protocol and file structure to be
3employed by the election authorities of this State in the
4electronic data processing of voter registration information.
5Each election authority utilizing electronic data processing
6of voter registration information shall comply with such
7regulations on and after May 15, 1988.
8    If the applicant for registration was last registered in
9another county within this State, he shall also sign a
10certificate authorizing cancellation of the former
11registration. The certificate shall be in substantially the
12following form:
13To the County Clerk of .... County, Illinois. To the Election
14Commission of the City of ...., Illinois.
15    This is to certify that I am registered in your (county)
16(city) and that my residence was .....
17    Having moved out of your (county) (city), I hereby
18authorize you to cancel said registration in your office.
19Dated at .... Illinois, on (insert date).
20
....................
21
(Signature of Voter)
22
Attest ......, County Clerk, ........ County, Illinois.
23    The cancellation certificate shall be mailed immediately
24by the county clerk to the county clerk (or election commission
25as the case may be) where the applicant was formerly
26registered. Receipt of such certificate shall be full authority

 

 

10100SB1863ham004- 41 -LRB101 10839 SMS 64633 a

1for cancellation of any previous registration.
2(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
3    (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
4    Sec. 6-35. The Boards of Election Commissioners shall
5provide a sufficient number of blank forms for the registration
6of electors which shall be known as registration record cards
7and which shall consist of loose leaf sheets or cards, of
8suitable size to contain in plain writing and figures the data
9hereinafter required thereon or shall consist of computer cards
10of suitable nature to contain the data required thereon. The
11registration record cards, which shall include an affidavit of
12registration as hereinafter provided, shall be executed in
13duplicate. The duplicate of which may be a carbon copy of the
14original or a copy of the original made by the use of other
15method or material used for making simultaneous true copies or
16duplications.
17    The registration record card shall contain the following
18and such other information as the Board of Election
19Commissioners may think it proper to require for the
20identification of the applicant for registration:
21    Name. The name of the applicant, giving surname and first
22or Christian name in full, and the middle name or the initial
23for such middle name, if any.
24    Sex.
25    Residence. The name and number of the street, avenue, or

 

 

10100SB1863ham004- 42 -LRB101 10839 SMS 64633 a

1other location of the dwelling, including the apartment, unit
2or room number, if any, and in the case of a mobile home the lot
3number, and such additional clear and definite description as
4may be necessary to determine the exact location of the
5dwelling of the applicant, including post-office mailing
6address. In the case of a homeless individual, the individual's
7voting residence that is his or her mailing address shall be
8included on his or her registration record card.
9    Term of residence in the State of Illinois and the
10precinct.
11    Nativity. The state or country in which the applicant was
12born.
13    Citizenship. Whether the applicant is native born or
14naturalized. If naturalized, the court, place, and date of
15naturalization.
16    Date of application for registration, i.e., the day, month
17and year when the applicant presented himself for registration.
18    Age. Date of birth, by month, day and year.
19    Physical disability of the applicant, if any, at the time
20of registration, which would require assistance in voting.
21    The county and state in which the applicant was last
22registered.
23    Electronic mail address, if any.
24    Signature of voter. The applicant, after registration and
25in the presence of a deputy registrar or other officer of
26registration shall be required to sign his or her name in ink

 

 

10100SB1863ham004- 43 -LRB101 10839 SMS 64633 a

1or digitized form to the affidavit on both the original and the
2duplicate registration record card.
3    Signature of deputy registrar.
4    In case applicant is unable to sign his name, he may affix
5his mark to the affidavit. In such case the registration
6officer shall write a detailed description of the applicant in
7the space provided at the bottom of the card or sheet; and
8shall ask the following questions and record the answers
9thereto:
10    Father's first name .........................
11    Mother's first name .........................
12    From what address did you last register? ....
13    Reason for inability to sign name ...........
14    Each applicant for registration shall make an affidavit in
15substantially the following form:
16
AFFIDAVIT OF REGISTRATION
17State of Illinois  )
18                   )ss
19County of .......  )
20    I hereby swear (or affirm) that I am a citizen of the
21United States, that on the day of the next election I shall
22have resided in the State of Illinois and in the election
23precinct 30 days and that I intend that this location is my
24residence; that I am fully qualified to vote, and that the
25above statements are true.
26
..............................

 

 

10100SB1863ham004- 44 -LRB101 10839 SMS 64633 a

1
(His or her signature or mark)
2    Subscribed and sworn to before me on (insert date).
3......................................
4    Signature of registration officer
5(to be signed in presence of registrant).
6    Space shall be provided upon the face of each registration
7record card for the notation of the voting record of the person
8registered thereon.
9    Each registration record card shall be numbered according
10to wards or precincts, as the case may be, and may be serially
11or otherwise marked for identification in such manner as the
12Board of Election Commissioners may determine.
13    The registration cards shall be deemed public records and
14shall be open to inspection during regular business hours,
15except during the 27 days immediately preceding any election.
16On written request of any candidate or objector or any person
17intending to object to a petition, the election authority shall
18extend its hours for inspection of registration cards and other
19records of the election authority during the period beginning
20with the filing of petitions under Sections 7-10, 8-8, 10-6 or
2128-3 and continuing through the termination of electoral board
22hearings on any objections to petitions containing signatures
23of registered voters in the jurisdiction of the election
24authority. The extension shall be for a period of hours
25sufficient to allow adequate opportunity for examination of the
26records but the election authority is not required to extend

 

 

10100SB1863ham004- 45 -LRB101 10839 SMS 64633 a

1its hours beyond the period beginning at its normal opening for
2business and ending at midnight. If the business hours are so
3extended, the election authority shall post a public notice of
4such extended hours. Registration record cards may also be
5inspected, upon approval of the officer in charge of the cards,
6during the 27 days immediately preceding any election.
7Registration record cards shall also be open to inspection by
8certified judges and poll watchers and challengers at the
9polling place on election day, but only to the extent necessary
10to determine the question of the right of a person to vote or
11to serve as a judge of election. At no time shall poll watchers
12or challengers be allowed to physically handle the registration
13record cards.
14    Updated copies of computer tapes or computer discs or other
15electronic data processing information containing voter
16registration information shall be furnished by the Board of
17Election Commissioners within 10 days after December 15 and May
1815 each year and within 10 days after each registration period
19is closed to the State Board of Elections in a form prescribed
20by the State Board. For the purposes of this Section, a
21registration period is closed 27 days before the date of any
22regular or special election. Registration information shall
23include, but not be limited to, the following information:
24name, sex, residence, telephone number, if any, age, party
25affiliation, if applicable, precinct, ward, township, county,
26and representative, legislative and congressional districts.

 

 

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1In the event of noncompliance, the State Board of Elections is
2directed to obtain compliance forthwith with this
3nondiscretionary duty of the election authority by instituting
4legal proceedings in the circuit court of the county in which
5the election authority maintains the registration information.
6The costs of furnishing updated copies of tapes or discs shall
7be paid at a rate of $.00034 per name of registered voters in
8the election jurisdiction, but not less than $50 per tape or
9disc and shall be paid from appropriations made to the State
10Board of Elections for reimbursement to the election authority
11for such purpose. The State Board shall furnish copies of such
12tapes, discs, other electronic data or compilations thereof,
13including, but not limited to, the following information: name,
14sex, residence, telephone number or email address, if
15applicable, date of birth, party affiliation, if applicable,
16precinct, ward, township, county, and representative,
17legislative, and congressional districts, to state political
18committees registered pursuant to the Illinois Campaign
19Finance Act or the Federal Election Campaign Act and to
20governmental entities at least once a month , at their request
21and at a reasonable cost. To protect the privacy and
22confidentiality of voter registration information, the
23disclosure of electronic voter registration records to any
24person or entity other than to a State or local political
25committee and other than to a governmental entity for a
26governmental purpose is specifically prohibited except as

 

 

10100SB1863ham004- 47 -LRB101 10839 SMS 64633 a

1follows: subject to security measures adopted by the State
2Board of Elections which, at a minimum, shall include the
3keeping of a catalog or database, available for public view,
4including the name, address, and telephone number of the person
5viewing the list as well as the time of that viewing, any
6person may view the centralized statewide voter registration
7list on a computer screen at the Springfield office of the
8State Board of Elections, during normal business hours other
9than during the 27 days before an election, but the person
10viewing the list under this exception may not print, duplicate,
11transmit, or alter the list. Copies of the tapes, discs or
12other electronic data shall be furnished by the Board of
13Election Commissioners to local political committees and
14governmental entities at their request and at a reasonable
15cost. Reasonable cost of the tapes, discs, et cetera for this
16purpose would be the cost of duplication plus 15% for
17administration. The individual representing a political
18committee requesting copies of such tapes shall make a sworn
19affidavit that the information shall be used only for bona fide
20political purposes, including by or for candidates for office
21or incumbent office holders. Such tapes, discs or other
22electronic data shall not be used under any circumstances by
23any political committee or individuals for purposes of
24commercial solicitation or other business purposes. If such
25tapes contain information on county residents related to the
26operations of county government in addition to registration

 

 

10100SB1863ham004- 48 -LRB101 10839 SMS 64633 a

1information, that information shall not be used under any
2circumstances for commercial solicitation or other business
3purposes. The prohibition in this Section against using the
4computer tapes or computer discs or other electronic data
5processing information containing voter registration
6information for purposes of commercial solicitation or other
7business purposes shall be prospective only from the effective
8date of this amended Act of 1979. Any person who violates this
9provision shall be guilty of a Class 4 felony.
10    The State Board of Elections shall promulgate, by October
111, 1987, such regulations as may be necessary to ensure
12uniformity throughout the State in electronic data processing
13of voter registration information. The regulations shall
14include, but need not be limited to, specifications for uniform
15medium, communications protocol and file structure to be
16employed by the election authorities of this State in the
17electronic data processing of voter registration information.
18Each election authority utilizing electronic data processing
19of voter registration information shall comply with such
20regulations on and after May 15, 1988.
21    If the applicant for registration was last registered in
22another county within this State, he shall also sign a
23certificate authorizing cancellation of the former
24registration. The certificate shall be in substantially the
25following form:
26To the County Clerk of .... County, Illinois.

 

 

10100SB1863ham004- 49 -LRB101 10839 SMS 64633 a

1To the Election Commission of the City of ...., Illinois.
2    This is to certify that I am registered in your (county)
3(city) and that my residence was ..... Having moved out of your
4(county), (city), I hereby authorize you to cancel that
5registration in your office.
6    Dated at ...., Illinois, on (insert date).
7
....................
8
(Signature of Voter)
9    Attest ...., Clerk, Election Commission of the City of....,
10Illinois.
11    The cancellation certificate shall be mailed immediately
12by the clerk of the Election Commission to the county clerk,
13(or Election Commission as the case may be) where the applicant
14was formerly registered. Receipt of such certificate shall be
15full authority for cancellation of any previous registration.
16(Source: P.A. 98-115, eff. 10-1-13; 99-522, eff. 6-30-16.)
 
17    (10 ILCS 5/10-10.1)  (from Ch. 46, par. 10-10.1)
18    Sec. 10-10.1. (a) Except as otherwise provided in this
19Section, a candidate or objector aggrieved by the decision of
20an electoral board may secure judicial review of such decision
21in the circuit court of the county in which the hearing of the
22electoral board was held. The party seeking judicial review
23must file a petition with the clerk of the court and must serve
24a copy of the petition upon the electoral board and other
25parties to the proceeding by registered or certified mail

 

 

10100SB1863ham004- 50 -LRB101 10839 SMS 64633 a

1within 5 days after service of the decision of the electoral
2board as provided in Section 10-10. The petition shall contain
3a brief statement of the reasons why the decision of the board
4should be reversed. The petitioner shall file proof of service
5with the clerk of the court within 5 days after service of the
6decision. No answer to the petition need be filed, but the
7electoral board shall cause the record of proceedings before
8the electoral board to be filed with the clerk of the court on
9or before the date of the hearing on the petition or as ordered
10by the court.
11    The court shall set the matter for hearing to be held
12within 30 days after the filing of the petition and shall make
13its decision promptly after such hearing.
14    (b) An objector or proponent aggrieved by the decision of
15an electoral board regarding a petition filed pursuant to
16Section 18-120 of the Property Tax Code may secure a review of
17such decision by the State Board of Elections. The party
18seeking such review must file a petition therefor with the
19State Board of Elections within 10 days after the decision of
20the electoral board. Any such objector or proponent may apply
21for and obtain judicial review of a decision of the State Board
22of Elections entered under this amendatory Act of 1985, in
23accordance with the provisions of the Administrative Review
24Law, as amended.
25(Source: P.A. 96-1008, eff. 7-6-10.)
 

 

 

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1    (10 ILCS 5/18A-15)
2    Sec. 18A-15. Validating and counting provisional ballots.
3    (a) The county clerk or board of election commissioners
4shall complete the validation and counting of provisional
5ballots within 14 calendar days of the day of the election. The
6county clerk or board of election commissioners shall have 7
7calendar days from the completion of the validation and
8counting of provisional ballots to conduct its final canvass.
9The State Board of Elections shall complete within 31 calendar
10days of the election or sooner if all the returns are received,
11its final canvass of the vote for all public offices.
12    (b) If a county clerk or board of election commissioners
13determines that all of the following apply, then a provisional
14ballot is valid and shall be counted as a vote:
15        (1) the provisional voter cast the provisional ballot
16    in the correct precinct based on the address provided by
17    the provisional voter. The provisional voter's affidavit
18    shall serve as a change of address request by that voter
19    for registration purposes for the next ensuing election if
20    it bears an address different from that in the records of
21    the election authority. Votes for federal and statewide
22    offices on a provisional ballot cast in the incorrect
23    precinct that meet the other requirements of this
24    subsection shall be valid and counted in accordance with
25    this Article. As used in this item, "federal office" is
26    defined as provided in Section 20-1 and "statewide office"

 

 

10100SB1863ham004- 52 -LRB101 10839 SMS 64633 a

1    means the Governor, Attorney General, Secretary of State,
2    Comptroller, and Treasurer. Votes for General Assembly,
3    countywide, citywide, or township office on a provisional
4    ballot cast in the incorrect precinct but in the correct
5    legislative district, representative district, county,
6    municipality, or township, as the case may be, shall be
7    valid and counted in accordance with this Article. As used
8    in this item, "citywide office" means an office elected by
9    the electors of an entire municipality. As used in this
10    item, "township office" means an office elected by the
11    electors of an entire township;
12        (2) the affidavit executed by the provisional voter
13    pursuant to subsection (b)(2) of Section 18A-5 contains, at
14    a minimum, the provisional voter's first and last name,
15    house number and street name, and signature or mark;
16        (3) except as permitted by item (5) of subsection (b)
17    of this Section, the provisional voter is a registered
18    voter based on information available to the county clerk or
19    board of election commissioners provided by or obtained
20    from any of the following:
21            i. the provisional voter;
22            ii. an election judge;
23            iii. the statewide voter registration database
24        maintained by the State Board of Elections;
25            iv. the records of the county clerk or board of
26        election commissioners' database; or

 

 

10100SB1863ham004- 53 -LRB101 10839 SMS 64633 a

1            v. the records of the Secretary of State; and
2        (4) for a provisional ballot cast under item (6) of
3    subsection (a) of Section 18A-5, the voter did not vote by
4    vote by mail ballot in the election at which the
5    provisional ballot was cast; or
6        (5) for a provisional ballot cast under item (7) of
7    subsection (a) of Section 18A-5, the voter provides the
8    election authority with the necessary documentation before
9    the close of the period for counting provisional ballots
10    within 7 days of election day.
11    (c) With respect to subsection (b)(3) of this Section, the
12county clerk or board of election commissioners shall
13investigate and record whether or not the specified information
14is available from each of the 5 identified sources. If the
15information is available from one or more of the identified
16sources, then the county clerk or board of election
17commissioners shall seek to obtain the information from each of
18those sources until satisfied, with information from at least
19one of those sources, that the provisional voter is registered
20and entitled to vote. The county clerk or board of election
21commissioners shall use any information it obtains as the basis
22for determining the voter registration status of the
23provisional voter. If a conflict exists among the information
24available to the county clerk or board of election
25commissioners as to the registration status of the provisional
26voter, then the county clerk or board of election commissioners

 

 

10100SB1863ham004- 54 -LRB101 10839 SMS 64633 a

1shall make a determination based on the totality of the
2circumstances. In a case where the above information equally
3supports or opposes the registration status of the voter, the
4county clerk or board of election commissioners shall decide in
5favor of the provisional voter as being duly registered to
6vote. If the statewide voter registration database maintained
7by the State Board of Elections indicates that the provisional
8voter is registered to vote, but the county clerk's or board of
9election commissioners' voter registration database indicates
10that the provisional voter is not registered to vote, then the
11information found in the statewide voter registration database
12shall control the matter and the provisional voter shall be
13deemed to be registered to vote. If the records of the county
14clerk or board of election commissioners indicates that the
15provisional voter is registered to vote, but the statewide
16voter registration database maintained by the State Board of
17Elections indicates that the provisional voter is not
18registered to vote, then the information found in the records
19of the county clerk or board of election commissioners shall
20control the matter and the provisional voter shall be deemed to
21be registered to vote. If the provisional voter's signature on
22his or her provisional ballot request varies from the signature
23on an otherwise valid registration application solely because
24of the substitution of initials for the first or middle name,
25the election authority may not reject the provisional ballot.
26    (d) In validating the registration status of a person

 

 

10100SB1863ham004- 55 -LRB101 10839 SMS 64633 a

1casting a provisional ballot, the county clerk or board of
2election commissioners shall not require a provisional voter to
3complete any form other than the affidavit executed by the
4provisional voter under subsection (b)(2) of Section 18A-5. In
5addition, the county clerk or board of election commissioners
6shall not require all provisional voters or any particular
7class or group of provisional voters to appear personally
8before the county clerk or board of election commissioners or
9as a matter of policy require provisional voters to submit
10additional information to verify or otherwise support the
11information already submitted by the provisional voter. Within
122 calendar days after the election, the election authority
13shall transmit by electronic means pursuant to a process
14established by the State Board of Elections the name, street
15address, e-mail address, and precinct, ward, township, and
16district numbers, as the case may be, of each person casting a
17provisional ballot to the State Board of Elections, which shall
18maintain those names and that information in an electronic
19format on its website, arranged by county and accessible to
20State and local political committees. The provisional voter
21may, within 7 calendar days after the election, submit
22additional information to the county clerk or board of election
23commissioners. This information must be received by the county
24clerk or board of election commissioners within the
257-calendar-day period.
26    (e) If the county clerk or board of election commissioners

 

 

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1determines that subsection (b)(1), (b)(2), or (b)(3) does not
2apply, then the provisional ballot is not valid and may not be
3counted. The provisional ballot envelope containing the ballot
4cast by the provisional voter may not be opened. The county
5clerk or board of election commissioners shall write on the
6provisional ballot envelope the following: "Provisional ballot
7determined invalid.".
8    (f) If the county clerk or board of election commissioners
9determines that a provisional ballot is valid under this
10Section, then the provisional ballot envelope shall be opened.
11The outside of each provisional ballot envelope shall also be
12marked to identify the precinct and the date of the election.
13    (g) Provisional ballots determined to be valid shall be
14counted at the election authority's central ballot counting
15location and shall not be counted in precincts. The provisional
16ballots determined to be valid shall be added to the vote
17totals for the precincts from which they were cast in the order
18in which the ballots were opened. The validation and counting
19of provisional ballots shall be subject to the provisions of
20this Code that apply to pollwatchers. If the provisional
21ballots are a ballot of a punch card voting system, then the
22provisional ballot shall be counted in a manner consistent with
23Article 24A. If the provisional ballots are a ballot of optical
24scan or other type of approved electronic voting system, then
25the provisional ballots shall be counted in a manner consistent
26with Article 24B.

 

 

10100SB1863ham004- 57 -LRB101 10839 SMS 64633 a

1    (h) As soon as the ballots have been counted, the election
2judges or election officials shall, in the presence of the
3county clerk or board of election commissioners, place each of
4the following items in a separate envelope or bag: (1) all
5provisional ballots, voted or spoiled; (2) all provisional
6ballot envelopes of provisional ballots voted or spoiled; and
7(3) all executed affidavits of the provisional ballots voted or
8spoiled. All provisional ballot envelopes for provisional
9voters who have been determined not to be registered to vote
10shall remain sealed. The county clerk or board of election
11commissioners shall treat the provisional ballot envelope
12containing the written affidavit as a voter registration
13application for that person for the next election and process
14that application. The election judges or election officials
15shall then securely seal each envelope or bag, initial the
16envelope or bag, and plainly mark on the outside of the
17envelope or bag in ink the precinct in which the provisional
18ballots were cast. The election judges or election officials
19shall then place each sealed envelope or bag into a box, secure
20and seal it in the same manner as described in item (6) of
21subsection (b) of Section 18A-5. Each election judge or
22election official shall take and subscribe an oath before the
23county clerk or board of election commissioners that the
24election judge or election official securely kept the ballots
25and papers in the box, did not permit any person to open the
26box or otherwise touch or tamper with the ballots and papers in

 

 

10100SB1863ham004- 58 -LRB101 10839 SMS 64633 a

1the box, and has no knowledge of any other person opening the
2box. For purposes of this Section, the term "election official"
3means the county clerk, a member of the board of election
4commissioners, as the case may be, and their respective
5employees.
6(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
798-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
8    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
9    Sec. 19-2. Any elector as defined in Section 19-1 may by
10mail or electronically on the website of the appropriate
11election authority or the State Board of Elections, not more
12than 90 nor less than 5 days prior to the date of such
13election, or by personal delivery not more than 90 nor less
14than one day prior to the date of such election, make
15application to the county clerk or to the Board of Election
16Commissioners for an official ballot for the voter's precinct
17to be voted at such election. Within 24 hours upon receiving an
18application under this Section, the State Board of Elections
19shall transmit the request to the appropriate election
20authority. The URL address at which voters may electronically
21request a vote by mail ballot shall be fixed no later than 90
22calendar days before an election and shall not be changed until
23after the election. Such a ballot shall be delivered to the
24elector only upon separate application by the elector for each
25election.

 

 

10100SB1863ham004- 59 -LRB101 10839 SMS 64633 a

1(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691,
2eff. 7-1-14; 98-1171, eff. 6-1-15.)
 
3    (10 ILCS 5/19-2.4 new)
4    Sec. 19-2.4. Vote By Mail Pilot Program. Notwithstanding
5any other law to the contrary, no more than 90 days, nor less
6than 45 days, before the general election in 2020, each
7election authority shall deliver an application for a vote by
8mail ballot that meets the requirements of this Article to any
9registered voter within its jurisdiction who submitted an
10application to vote by mail in the 2018 general election. An
11election authority may deliver the application by U.S. mail or
12email.
 
13    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
14    Sec. 19-4. Mailing or delivery of ballots; time.
15Immediately upon the receipt of such application either by mail
16or electronic means, not more than 90 days nor less than 5 days
17prior to such election, or by personal delivery not more than
1890 days nor less than one day prior to such election, at the
19office of such election authority, it shall be the duty of such
20election authority to examine the records to ascertain whether
21or not such applicant is lawfully entitled to vote as
22requested, including a verification of the applicant's
23signature by comparison with the signature on the official
24registration record card, and if found so to be entitled to

 

 

10100SB1863ham004- 60 -LRB101 10839 SMS 64633 a

1vote, to post within one business day thereafter the name,
2street address, ward and precinct number or township and
3district number, as the case may be, of such applicant given on
4a list, the pages of which are to be numbered consecutively to
5be kept by such election authority for such purpose in a
6conspicuous, open and public place accessible to the public at
7the entrance of the office of such election authority, and in
8such a manner that such list may be viewed without necessity of
9requesting permission therefor. Within one day after posting
10the name and other information of an applicant for a vote by
11mail ballot, the election authority shall transmit by
12electronic means pursuant to the a process established by the
13State Board of Elections that name and other posted information
14to the State Board of Elections, which shall maintain those
15names and other information in an electronic format on its
16website, arranged by county and accessible to State and local
17political committees. Within 2 business days after posting a
18name and other information on the list within its office, but
19no sooner than 40 days before an election, the election
20authority shall mail, postage prepaid, or deliver in person in
21such office an official ballot or ballots if more than one are
22to be voted at said election. Within 2 business days of an
23election authority's rejection of a vote by mail application,
24the election authority shall notify the applicant that his or
25her application for a vote by mail ballot has been rejected.
26The notice shall inform the voter of the reason or reasons the

 

 

10100SB1863ham004- 61 -LRB101 10839 SMS 64633 a

1application was rejected and shall state how the applicant may
2otherwise vote, if so entitled. Within 2 business days, the
3election authority shall transmit by electronic means pursuant
4to the process established by the State Board of Elections that
5name and address of an applicant whose application for a vote
6by mail ballot was rejected to the State Board of Elections,
7which shall maintain those names and other information in an
8electronic format on its website, arranged by county and
9accessible to State and local political committees.
10    Mail delivery of Temporarily Absent Student ballot
11applications pursuant to Section 19-12.3 shall be by
12nonforwardable mail. However, for the consolidated election,
13vote by mail ballots for certain precincts may be delivered to
14applicants not less than 25 days before the election if so much
15time is required to have prepared and printed the ballots
16containing the names of persons nominated for offices at the
17consolidated primary. The election authority shall enclose
18with each vote by mail ballot or application written
19instructions on how voting assistance shall be provided
20pursuant to Section 17-14 and a document, written and approved
21by the State Board of Elections, informing the vote by mail
22voter of the required postage for returning the application and
23ballot, and enumerating the circumstances under which a person
24is authorized to vote by vote by mail ballot pursuant to this
25Article; such document shall also include a statement informing
26the applicant that if he or she falsifies or is solicited by

 

 

10100SB1863ham004- 62 -LRB101 10839 SMS 64633 a

1another to falsify his or her eligibility to cast a vote by
2mail ballot, such applicant or other is subject to penalties
3pursuant to Section 29-10 and Section 29-20 of the Election
4Code. Each election authority shall maintain a list of the
5name, street address, ward and precinct, or township and
6district number, as the case may be, of all applicants who have
7returned vote by mail ballots to such authority, and the name
8of such vote by mail voter shall be added to such list within
9one business day from receipt of such ballot. If the vote by
10mail ballot envelope indicates that the voter was assisted in
11casting the ballot, the name of the person so assisting shall
12be included on the list. The list, the pages of which are to be
13numbered consecutively, shall be kept by each election
14authority in a conspicuous, open, and public place accessible
15to the public at the entrance of the office of the election
16authority and in a manner that the list may be viewed without
17necessity of requesting permission for viewing.
18    Each election authority shall maintain a list for each
19election of the voters to whom it has issued vote by mail
20ballots. The list shall be maintained for each precinct within
21the jurisdiction of the election authority. Prior to the
22opening of the polls on election day, the election authority
23shall deliver to the judges of election in each precinct the
24list of registered voters in that precinct to whom vote by mail
25ballots have been issued by mail.
26    Each election authority shall maintain a list for each

 

 

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1election of voters to whom it has issued temporarily absent
2student ballots. The list shall be maintained for each election
3jurisdiction within which such voters temporarily abide.
4Immediately after the close of the period during which
5application may be made by mail or electronic means for vote by
6mail ballots, each election authority shall mail to each other
7election authority within the State a certified list of all
8such voters temporarily abiding within the jurisdiction of the
9other election authority.
10    In the event that the return address of an application for
11ballot by a physically incapacitated elector is that of a
12facility licensed or certified under the Nursing Home Care Act,
13the Specialized Mental Health Rehabilitation Act of 2013, the
14ID/DD Community Care Act, or the MC/DD Act, within the
15jurisdiction of the election authority, and the applicant is a
16registered voter in the precinct in which such facility is
17located, the ballots shall be prepared and transmitted to a
18responsible judge of election no later than 9 a.m. on the
19Friday, Saturday, Sunday, or Monday immediately preceding the
20election as designated by the election authority under Section
2119-12.2. Such judge shall deliver in person on the designated
22day the ballot to the applicant on the premises of the facility
23from which application was made. The election authority shall
24by mail notify the applicant in such facility that the ballot
25will be delivered by a judge of election on the designated day.
26    All applications for vote by mail ballots shall be

 

 

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1available at the office of the election authority for public
2inspection upon request from the time of receipt thereof by the
3election authority until 30 days after the election, except
4during the time such applications are kept in the office of the
5election authority pursuant to Section 19-7, and except during
6the time such applications are in the possession of the judges
7of election.
8(Source: P.A. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
998-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff.
107-29-15; 99-522, eff. 6-30-16.)
 
11    (10 ILCS 5/19-7)  (from Ch. 46, par. 19-7)
12    Sec. 19-7. (a) Upon receipt of such vote by mail voter's
13ballot, the election authority shall forthwith enclose the same
14unopened, together with the application made by said vote by
15mail voter in a large or carrier envelope which shall be
16securely sealed and endorsed with the name and official title
17of such officer and the words, "This envelope contains a vote
18by mail ballot and must be opened on election day," together
19with the number and description of the precinct in which said
20ballot is to be voted, and such officer shall thereafter safely
21keep the same in his office until counted by him as provided in
22the next section.
23    (b) Within one day after receipt of such vote by mail
24voter's ballot, the election authority shall transmit, by
25electronic means pursuant to a process established by the State

 

 

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1Board of Elections, the voter's name, street address, e-mail
2address, and precinct, ward, township, and district numbers, as
3the case may be, to the State Board of Elections, which shall
4maintain those names and that information in an electronic
5format on its website, arranged by county and accessible to
6State and local political committees.
7    (c) An election authority shall not refuse to pay postage
8costs associated with a returned ballot that lacks proper
9postage, nor shall an election authority fail to count an
10otherwise valid returned vote by mail ballot solely because it
11lacks proper postage.
12(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)
 
13    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
14    Sec. 19-8. Time and place of counting ballots.
15    (a) (Blank.)
16    (b) Each vote by mail voter's ballot returned to an
17election authority, by any means authorized by this Article,
18and received by that election authority before the closing of
19the polls on election day shall be endorsed by the receiving
20election authority with the day and hour of receipt and may be
21processed by the election authority beginning on the day it is
22received by the election authority in the central ballot
23counting location of the election authority, but the results of
24the processing may not be counted until the day of the election
25after 7:00 p.m., except as provided in subsections (g) and

 

 

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1(g-5).
2    (c) Each vote by mail voter's ballot that is mailed to an
3election authority and postmarked no later than election day,
4but that is received by the election authority after the polls
5close on election day and before the close of the period for
6counting provisional ballots cast at that election, shall be
7endorsed by the receiving authority with the day and hour of
8receipt and shall be counted at the central ballot counting
9location of the election authority during the period for
10counting provisional ballots.
11    Each vote by mail voter's ballot that is mailed to an
12election authority absent a postmark or a barcode usable with
13an intelligent mail barcode tracking system, but that is
14received by the election authority after the polls close on
15election day and before the close of the period for counting
16provisional ballots cast at that election, shall be endorsed by
17the receiving authority with the day and hour of receipt,
18opened to inspect the date inserted on the certification, and,
19if the certification date is election day or earlier and the
20ballot is otherwise found to be valid under the requirements of
21this Section, counted at the central ballot counting location
22of the election authority during the period for counting
23provisional ballots. Absent a date on the certification, the
24ballot shall not be counted.
25    If an election authority is using an intelligent mail
26barcode tracking system, a ballot that is mailed to an election

 

 

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1authority absent a postmark may be counted if the intelligent
2mail barcode tracking system verifies the envelope was mailed
3no later than election day.
4    (d) Special write-in vote by mail voter's blank ballots
5returned to an election authority, by any means authorized by
6this Article, and received by the election authority at any
7time before the closing of the polls on election day shall be
8endorsed by the receiving election authority with the day and
9hour of receipt and shall be counted at the central ballot
10counting location of the election authority during the same
11period provided for counting vote by mail voters' ballots under
12subsections (b), (g), and (g-5). Special write-in vote by mail
13voter's blank ballots that are mailed to an election authority
14and postmarked no later than election day, but that are
15received by the election authority after the polls close on
16election day and before the closing of the period for counting
17provisional ballots cast at that election, shall be endorsed by
18the receiving authority with the day and hour of receipt and
19shall be counted at the central ballot counting location of the
20election authority during the same periods provided for
21counting vote by mail voters' ballots under subsection (c).
22    (e) Except as otherwise provided in this Section, vote by
23mail voters' ballots and special write-in vote by mail voter's
24blank ballots received by the election authority after the
25closing of the polls on an election day shall be endorsed by
26the election authority receiving them with the day and hour of

 

 

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1receipt and shall be safely kept unopened by the election
2authority for the period of time required for the preservation
3of ballots used at the election, and shall then, without being
4opened, be destroyed in like manner as the used ballots of that
5election.
6    (f) Counting required under this Section to begin on
7election day after the closing of the polls shall commence no
8later than 8:00 p.m. and shall be conducted by a panel or
9panels of election judges appointed in the manner provided by
10law. The counting shall continue until all vote by mail voters'
11ballots and special write-in vote by mail voter's blank ballots
12required to be counted on election day have been counted.
13    (g) The procedures set forth in Articles 17 and 18 of this
14Code shall apply to all ballots counted under this Section. In
15addition, within 2 days after a vote by mail ballot is
16received, but in all cases before the close of the period for
17counting provisional ballots, the election judge or official
18shall compare the voter's signature on the certification
19envelope of that vote by mail ballot with the signature of the
20voter on file in the office of the election authority. If the
21election judge or official determines that the 2 signatures
22match, and that the vote by mail voter is otherwise qualified
23to cast a vote by mail ballot, the election authority shall
24cast and count the ballot on election day or the day the ballot
25is determined to be valid, whichever is later, adding the
26results to the precinct in which the voter is registered. If

 

 

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1the election judge or official determines that the signatures
2do not match, or that the vote by mail voter is not qualified
3to cast a vote by mail ballot, then without opening the
4certification envelope, the judge or official shall mark across
5the face of the certification envelope the word "Rejected" and
6shall not cast or count the ballot.
7    In addition to the voter's signatures not matching, a vote
8by mail ballot may be rejected by the election judge or
9official:
10        (1) if the ballot envelope is open or has been opened
11    and resealed;
12        (2) if the voter has already cast an early or grace
13    period ballot;
14        (3) if the voter voted in person on election day or the
15    voter is not a duly registered voter in the precinct; or
16        (4) on any other basis set forth in this Code.
17    If the election judge or official determines that any of
18these reasons apply, the judge or official shall mark across
19the face of the certification envelope the word "Rejected" and
20shall not cast or count the ballot.
21    (g-5) If a vote by mail ballot is rejected by the election
22judge or official for any reason, the election authority shall,
23within 2 business days after the rejection but in all cases
24before the close of the period for counting provisional
25ballots, notify the vote by mail voter that his or her ballot
26was rejected and shall transmit by electronic means pursuant to

 

 

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1the process established by the State Board of Elections that
2name, address, and reason for disqualification of the ballot to
3the State Board of Elections, which shall maintain those names
4and other information in an electronic format on its website,
5arranged by county and accessible to State and local political
6committees. The notice shall inform the voter of the reason or
7reasons the ballot was rejected and shall state that the voter
8may appear before the election authority, on or before the 14th
9day after the election, to show cause as to why the ballot
10should not be rejected. The voter may present evidence to the
11election authority supporting his or her contention that the
12ballot should be counted. The election authority shall appoint
13a panel of 3 election judges to review the contested ballot,
14application, and certification envelope, as well as any
15evidence submitted by the vote by mail voter. No more than 2
16election judges on the reviewing panel shall be of the same
17political party. The reviewing panel of election judges shall
18make a final determination as to the validity of the contested
19vote by mail ballot. The judges' determination shall not be
20reviewable either administratively or judicially.
21    A vote by mail ballot subject to this subsection that is
22determined to be valid shall be counted before the close of the
23period for counting provisional ballots.
24    Upon receiving a letter of request from a political party
25or campaign for a candidate within the jurisdiction of the
26election authority, the election authority shall disclose the

 

 

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1name and address of any disqualified or rejected vote by mail
2ballot voter within 2 business days, or within 18 hours if the
3request is received within 7 days of the election for which the
4disqualified or rejected ballot was intending to vote. The
5letter of request and disclosure of the voter's name and
6address may be submitted by email.
7    (g-10) All vote by mail ballots determined to be valid
8shall be added to the vote totals for the precincts for which
9they were cast in the order in which the ballots were opened.
10    (h) Each political party, candidate, and qualified civic
11organization shall be entitled to have present one pollwatcher
12for each panel of election judges therein assigned.
13(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
 
14    (10 ILCS 5/24B-2)
15    Sec. 24B-2. Definitions. As used in this Article:
16    "Computer", "automatic tabulating equipment" or
17"equipment" includes apparatus necessary to automatically
18examine and count votes as designated on ballots, and data
19processing machines which can be used for counting ballots and
20tabulating results.
21    "Ballot" means paper ballot sheets.
22    "Ballot configuration" means the particular combination of
23political subdivision ballots including, for each political
24subdivision, the particular combination of offices, candidate
25names and questions as it appears for each group of voters who

 

 

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1may cast the same ballot.
2    "Ballot sheet" means a paper ballot printed on one or both
3sides which is (1) designed and prepared so that the voter may
4indicate his or her votes in designated areas, which must be
5areas clearly printed or otherwise delineated for such purpose,
6and (2) capable of having votes marked in the designated areas
7automatically examined, counted, and tabulated by an
8electronic scanning process.
9    "Central counting" means the counting of ballots in one or
10more locations selected by the election authority for the
11processing or counting, or both, of ballots. A location for
12central counting shall be within the territorial jurisdiction
13of the election authority unless there is no suitable
14tabulating equipment available within his territorial
15jurisdiction. However, in any event a counting location shall
16be within this State.
17    "Computer operator" means any person or persons designated
18by the election authority to operate the automatic tabulating
19equipment during any portion of the vote tallying process in an
20election, but shall not include judges of election operating
21vote tabulating equipment in the precinct.
22    "Computer program" or "program" means the set of operating
23instructions for the automatic tabulating equipment that
24examines, counts, tabulates, canvasses and prints votes
25recorded by a voter on a ballot.
26    "Direct recording electronic tabulator" means an

 

 

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1electronic tabulator that provides a ballot display provided
2with mechanical or electro-optical devices that can be
3activated by the voters to mark their choices for the
4candidates of their preference and for or against public
5questions and be capable of instantaneously recording such
6votes, storing such votes, producing a permanent paper record,
7and tabulating such votes at the precinct or at one or more
8counting stations.
9    "Edit listing" means a computer generated listing of the
10names of each candidate and proposition as they appear in the
11program for each precinct.
12    "Header sheet" means a data processing document which is
13coded to indicate to the computer the precinct identity of the
14ballots that will follow immediately and may indicate to the
15computer how such ballots are to be tabulated.
16    "In-precinct counting" means the counting of ballots on
17automatic tabulating equipment provided by the election
18authority in the same precinct polling place in which those
19ballots have been cast.
20    "Marking device" means a pen, computer, or other device
21approved by the State Board of Elections for marking, or
22causing to be marked, a paper ballot with ink or other
23substance which will enable the ballot to be tabulated by
24automatic tabulating equipment or by an electronic scanning
25process.
26    "Precinct Tabulation Optical Scan Technology" means the

 

 

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1capability to examine a ballot through electronic means and
2tabulate the votes at one or more counting places.
3    "Redundant count" means a verification of the original
4computer count by another count using compatible equipment or
5by hand as part of a discovery recount.
6    "Security designation" means a printed designation placed
7on a ballot to identify to the computer program the offices and
8propositions for which votes may be cast and to indicate the
9manner in which votes cast should be tabulated while negating
10any inadmissible votes.
11    "Separate ballot", with respect to ballot sheets, means a
12separate portion of the ballot sheet which is clearly defined
13by a border or borders or shading.
14    "Specimen ballot" means a representation of names of
15offices and candidates and statements of measures to be voted
16on which will appear on the official ballot or marking device
17on election day. The specimen ballot also contains the party
18and position number where applicable.
19    "Voting defect identification" means the capability to
20detect overvoted ballots or ballots which cannot be read by the
21automatic tabulating equipment.
22    "Voting defects" means an overvoted ballot, or a ballot
23which cannot be read by the automatic tabulating equipment.
24    "Voting system" or "electronic voting system" means the
25total that combination of mechanical, electromechanical, or
26electronic equipment, and programs, and practices used to

 

 

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1define ballots, cast and count votes, report or display
2election results, maintain and produce any audit trail
3information, identify all system components, test the system
4during development, maintenance and operation, maintain
5records of system errors and defects, determine specific system
6changes to be made to a system after initial qualification, and
7make available any materials to the voter, such as notices,
8instructions, forms, or paper ballots. in the casting,
9examination and tabulation of ballots and the cumulation and
10reporting of results by electronic means.
11(Source: P.A. 93-574, eff. 8-21-03.)
 
12    (10 ILCS 5/24B-4)
13    Sec. 24B-4. Use of Precinct Tabulation Optical Scan
14Technology System; Requisites; Applicable procedure. Precinct
15Tabulation Optical Scan Technology voting systems may be used
16in elections provided that the Precinct Tabulation Optical Scan
17Technology systems enable the voter to cast a vote for all
18offices and on all public questions measures on which he or she
19is entitled to vote, and that the automatic Precinct Tabulation
20Optical Scan Technology tabulating equipment may be set to
21return any ballot sheet on which the number of votes for an
22office or proposition exceeds the number of votes which the
23voter is entitled to cast, or any ballot sheet which cannot be
24read by the automatic tabulating equipment, and provided that
25such systems are approved for use by the State Board of

 

 

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1Elections.
2    So far as applicable, the procedure provided for voting
3paper ballots shall apply when Precinct Tabulation Optical Scan
4Technology electronic voting systems are used. However, the
5provisions of this Article 24B will govern when there are
6conflicts.
7(Source: P.A. 89-394, eff. 1-1-97.)
 
8    (10 ILCS 5/24B-6)
9    Sec. 24B-6. Ballot Information; Arrangement; Electronic
10Precinct Tabulation Optical Scan Technology Voting System;
11Vote by Mail Ballots; Spoiled Ballots. The ballot information,
12shall, as far as practicable, be in the order of arrangement
13provided for paper ballots, except that the information may be
14in vertical or horizontal rows, or on a number of separate
15pages or displays on the marking device. Ballots for all
16questions or propositions to be voted on should be provided in
17a similar manner and must be arranged on the ballot sheet or
18marking device in the places provided for such purposes.
19Ballots shall be of white paper unless provided otherwise by
20administrative rule of the State Board of Elections or
21otherwise specified.
22    All propositions, including but not limited to
23propositions calling for a constitutional convention,
24constitutional amendment, judicial retention, and public
25questions measures to be voted upon shall be placed on separate

 

 

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1portions of the ballot sheet or marking device by utilizing
2borders or grey screens. Candidates shall be listed on a
3separate portion of the ballot sheet or marking device by
4utilizing borders or grey screens. Whenever a person has
5submitted a declaration of intent to be a write-in candidate as
6required in Sections 17-16.1 and 18-9.1, a line or lines on
7which the voter may select a write-in candidate shall be
8printed below the name of the last candidate nominated for such
9office. Such line or lines shall be proximate to an area
10provided for marking votes for the write-in candidate or
11candidates. The number of write-in lines for an office shall
12equal the number of persons who have filed declarations of
13intent to be write-in candidates plus an additional line or
14lines for write-in candidates who qualify to file declarations
15to be write-in candidates under Sections 17-16.1 and 18-9.1
16when the certification of ballot contains the words "OBJECTION
17PENDING" next to the name of that candidate, up to the number
18of candidates for which a voter may vote. In the case of
19write-in lines for the offices of Governor and Lieutenant
20Governor, 2 lines shall be printed within a bracket and a
21single square shall be printed in front of the bracket. More
22than one amendment to the constitution may be placed on the
23same portion of the ballot sheet or marking device.
24Constitutional convention or constitutional amendment
25propositions shall be printed or displayed on a separate
26portion of the ballot sheet or marking device and designated by

 

 

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1borders or grey screens, unless otherwise provided by
2administrative rule of the State Board of Elections. More than
3one public question measure or proposition may be placed on the
4same portion of the ballot sheet or marking device. More than
5one proposition for retention of judges in office may be placed
6on the same portion of the ballot sheet or marking device.
7Names of candidates shall be printed in black. The party
8affiliation of each candidate or the word "independent" shall
9appear near or under the candidate's name, and the names of
10candidates for the same office shall be listed vertically under
11the title of that office, on separate pages of the marking
12device, or as otherwise approved by the State Board of
13Elections. If no candidate or candidates file for an office and
14if no person or persons file a declaration as a write-in
15candidate for that office, then below the title of that office
16the election authority instead shall print "No Candidate". In
17the case of nonpartisan elections for officers of political
18subdivisions, unless the statute or an ordinance adopted
19pursuant to Article VII of the Constitution requires otherwise,
20the listing of nonpartisan candidates shall not include any
21party or "independent" designation. Judicial retention
22questions and ballot questions for all public questions
23measures and other propositions shall be designated by borders
24or grey screens on the ballot or marking device. In primary
25elections, a separate ballot, or displays on the marking
26device, shall be used for each political party holding a

 

 

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1primary, with the ballot or marking device arranged to include
2names of the candidates of the party and public questions
3measures and other propositions to be voted upon on the day of
4the primary election.
5    If the ballot includes both candidates for office and
6public questions measures or propositions to be voted on, the
7election official in charge of the election shall divide the
8ballot or displays on the marking device in sections for
9"Candidates" and "Propositions", or separate ballots may be
10used.
11    Vote by Mail ballots may consist of envelopes, paper
12ballots, or ballot sheets. Where a Precinct Tabulation Optical
13Scan Technology ballot is used for voting by mail it must be
14accompanied by voter instructions.
15    Any voter who spoils his or her ballot, makes an error, or
16has a ballot returned by the automatic tabulating equipment may
17return the ballot to the judges of election and get another
18ballot.
19(Source: P.A. 98-1171, eff. 6-1-15.)
 
20    (10 ILCS 5/24B-9)
21    Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
22Technology Equipment and Program; Custody of Programs, Test
23Materials and Ballots. Prior to the public test, the election
24authority shall conduct an errorless pre-test of the automatic
25Precinct Tabulation Optical Scan Technology tabulating

 

 

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1equipment and program and marking device to determine that they
2will correctly detect Voting Defects and count the votes cast
3for all offices, candidates, and all public questions measures.
4On any day not less than 5 days prior to the election day, the
5election authority shall publicly test the automatic Precinct
6Tabulation Optical Scan Technology tabulating equipment and
7program to determine that they will correctly detect Voting
8Defects and count the votes cast for all offices, candidates,
9and on all public questions measures. Public notice of the time
10and place of the test shall be given at least 48 hours before
11the test by publishing the notice in one or more newspapers
12within the election jurisdiction of the election authority, if
13a newspaper is published in that jurisdiction. If a newspaper
14is not published in that jurisdiction, notice shall be
15published in a newspaper of general circulation in that
16jurisdiction. Timely written notice stating the date, time, and
17location of the public test shall also be provided to the State
18Board of Elections. The test shall be open to representatives
19of the political parties, the press, representatives of the
20State Board of Elections, and the public. The test shall be
21conducted by processing a preaudited group of ballots marked to
22record a predetermined number of valid votes for each candidate
23and on each public question measure, and shall include for each
24office one or more ballots having votes exceeding the number
25allowed by law to test the ability of the automatic tabulating
26equipment or marking device to reject the votes. The test shall

 

 

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1also include producing an edit listing. In those election
2jurisdictions where in-precinct counting equipment is used, a
3public test of both the equipment and program shall be
4conducted as nearly as possible in the manner prescribed above.
5The State Board of Elections may select as many election
6jurisdictions as the Board deems advisable in the interests of
7the election process of this State, to order a special test of
8the automatic tabulating equipment and program before any
9regular election. The Board may order a special test in any
10election jurisdiction where, during the preceding 12 months,
11computer programming errors or other errors in the use of
12electronic voting systems resulted in vote tabulation errors.
13Not less than 30 days before any election, the State Board of
14Elections shall provide written notice to those selected
15jurisdictions of their intent to conduct a test. Within 5 days
16of receipt of the State Board of Elections' written notice of
17intent to conduct a test, the selected jurisdictions shall
18forward to the principal office of the State Board of Elections
19a copy of all specimen ballots. The State Board of Elections'
20tests shall be conducted and completed not less than 2 days
21before the public test and under the supervision of the Board.
22The vendor, person, or other private entity shall be solely
23responsible for the production and cost of: all ballots;
24additional temporary workers; and other equipment or
25facilities needed and used in the testing of the vendor's,
26person's, or other private entity's respective equipment and

 

 

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1software. After an errorless test, materials used in the public
2test, including the program, if appropriate, shall be sealed
3and remain sealed until the test is run again on election day.
4If any error is detected, the cause of the error shall be
5determined and corrected, and an errorless public test shall be
6made before the automatic tabulating equipment is approved.
7Each election authority shall file a sealed copy of each tested
8program to be used within its jurisdiction at an election with
9the State Board of Elections before the election. The Board
10shall secure the program or programs of each election
11jurisdiction so filed in its office until the next election of
12the same type (general primary, general election, consolidated
13primary, or consolidated election) for which the program or
14programs were filed. At the expiration of that time, if no
15election contest or appeal is pending in an election
16jurisdiction, the Board shall destroy the sealed program or
17programs. Except where in-precinct counting equipment is used,
18the test shall be repeated immediately before the start of the
19official counting of the ballots, in the same manner as set
20forth above. After the completion of the count, the test shall
21be re-run using the same program. Immediately after the re-run,
22all material used in testing the program and the programs shall
23be sealed and retained under the custody of the election
24authority for a period of 60 days. At the expiration of that
25time the election authority shall destroy the voted ballots,
26together with all unused ballots returned from the precincts.

 

 

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1Provided, if any contest of election is pending at the time in
2which the ballots may be required as evidence and the election
3authority has notice of the contest, the same shall not be
4destroyed until after the contest is finally determined. If the
5use of back-up equipment becomes necessary, the same testing
6required for the original equipment shall be conducted.
7(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
 
8    (10 ILCS 5/Art. 24C heading)
9
ARTICLE 24C. DIRECT RECORDING ELECTRONIC TABULATORS AND
10
ELECTRONIC BALLOT MARKING DEVICES VOTING SYSTEMS

 
11    (10 ILCS 5/24C-1)
12    Sec. 24C-1. Purpose. The purpose of this Article is to
13authorize the use of direct recording electronic tabulators and
14electronic ballot marking devices Direct Recording Electronic
15Voting Systems approved by the State Board of Elections. In a
16Direct Recording Electronic direct recording electronic
17tabulator or electronic ballot marking device Voting System,
18voters cast votes by means of a ballot display provided with
19mechanical or electro-optical devices that can be activated by
20the voters to mark their choices for the candidates of their
21preference and for or against public questions. Direct
22recording electronic tabulators Such voting devices shall be
23capable of instantaneously recording such votes, storing such
24votes, producing a permanent paper record and tabulating such

 

 

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1votes at the precinct or at one or more counting stations.
2Electronic ballot marking devices shall be capable of
3instantaneously marking such votes, producing a permanent
4paper record, and enabling such votes to be tabulated at the
5precinct or at one or more counting stations. This Article
6authorizes the use of direct recording electronic tabulators
7and electronic ballot marking devices Direct Recording
8Electronic Voting Systems for in-precinct counting
9applications and for early voting in the office of the election
10authority and in the offices of local officials authorized by
11the election authority to conduct such early voting. All other
12early ballots must be counted at the office of the election
13authority.
14(Source: P.A. 98-1171, eff. 6-1-15.)
 
15    (10 ILCS 5/24C-2)
16    Sec. 24C-2. Definitions. As used in this Article:
17    "Audit trail" or "audit capacity" means a continuous trail
18of evidence linking individual transactions related to the
19casting of a vote, the vote count and the summary record of
20vote totals, but which shall not allow for the identification
21of the voter. It shall permit verification of the accuracy of
22the count and detection and correction of problems and shall
23provide a record of each step taken in: defining and producing
24ballots and generating related software for specific
25elections; installing ballots and software; testing system

 

 

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1readiness; casting and tabulating ballots; and producing
2images of votes cast and reports of vote totals. The record
3shall incorporate system status and error messages generated
4during election processing, including a log of machine
5activities and routine and unusual intervention by authorized
6and unauthorized individuals. Also part of an audit trail is
7the documentation of such items as ballots delivered and
8collected, administrative procedures for system security,
9pre-election testing of voting systems, and maintenance
10performed on voting equipment. All test plans, test results,
11documentation, and other records used to plan, execute, and
12record the results of the testing and verification, including
13all material prepared or used by independent testing
14authorities or other third parties, shall be made part of the
15public record and shall be freely available via the Internet
16and paper copy to anyone. "Audit trail" or "audit capacity"
17also means that the voting system is capable of producing and
18shall produce immediately after a ballot is cast a permanent
19paper record of each ballot cast that shall be available as an
20official record for any recount, redundant count, or
21verification or retabulation of the vote count conducted with
22respect to any election in which the voting system is used.
23    "Ballot" means an electronic audio or video display or any
24other medium, including paper, used to record a voter's choices
25for the candidates of their preference and for or against
26public questions.

 

 

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1    "Ballot configuration" means the particular combination of
2political subdivision or district ballots including, for each
3political subdivision or district, the particular combination
4of offices, candidate names and public questions as it appears
5for each group of voters who may cast the same ballot.
6    "Ballot image" means a corresponding representation in
7electronic or paper form of the mark or vote position of a
8ballot.
9    "Ballot label" or "ballot screen" means the display of
10material containing the names of offices and candidates and
11public questions to be voted on.
12    "Central counting" means the counting of ballots in one or
13more locations selected by the election authority for the
14processing or counting, or both, of ballots. A location for
15central counting shall be within the territorial jurisdiction
16of the election authority unless there is no suitable
17tabulating equipment available within his territorial
18jurisdiction. However, in any event a counting location shall
19be within this State.
20    "Computer", "automatic tabulating equipment" or
21"equipment" includes apparatus necessary to automatically
22examine and count votes as designated on ballots, and data
23processing machines which can be used for counting ballots and
24tabulating results.
25    "Computer operator" means any person or persons designated
26by the election authority to operate the automatic tabulating

 

 

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1equipment during any portion of the vote tallying process in an
2election, but shall not include judges of election operating
3vote tabulating equipment in the precinct.
4    "Computer program" or "program" means the set of operating
5instructions for the automatic tabulating equipment that
6examines, records, displays, counts, tabulates, canvasses, or
7prints votes recorded by a voter on a ballot or that displays
8any and all information, graphics, or other visual or audio
9information or images used in presenting voting information,
10instructions, or voter choices.
11    "Direct recording electronic tabulator voting system",
12"voting system" or "system" means an electronic tabulator that
13provides a ballot display provided with mechanical or
14electro-optical devices that can be activated by the voters to
15mark their choices for the candidates of their preference and
16for or against public questions and be capable of
17instantaneously recording such votes, storing such votes,
18producing a permanent paper record, and tabulating such votes
19at the precinct or at one or more counting stations. the total
20combination of mechanical, electromechanical or electronic
21equipment, programs and practices used to define ballots, cast
22and count votes, report or display election results, maintain
23or produce any audit trail information, identify all system
24components, test the system during development, maintenance
25and operation, maintain records of system errors and defects,
26determine specific system changes to be made to a system after

 

 

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1initial qualification, and make available any materials to the
2voter such as notices, instructions, forms or paper ballots.
3    "Edit listing" means a computer generated listing of the
4names of each candidate and public question as they appear in
5the program for each precinct.
6    "In-precinct counting" means the recording and counting of
7ballots on automatic tabulating equipment provided by the
8election authority in the same precinct polling place in which
9those ballots have been cast.
10    "Electronic ballot marking device Marking device" means
11any electronic device approved by the State Board of Elections
12for marking a ballot so as to enable the ballot to be recorded,
13counted and tabulated by automatic tabulating equipment.
14    "Permanent paper record" means a paper record upon which
15shall be printed in human readable form the votes cast for each
16candidate and for or against each public question on each
17ballot recorded in the voting system. Each permanent paper
18record shall be printed by the voting device upon activation of
19the marking device by the voter and shall contain a unique,
20randomly assigned identifying number that shall correspond to
21the number randomly assigned by the voting system to each
22ballot as it is electronically recorded.
23    "Redundant count" means a verification of the original
24computer count of ballots by another count using compatible
25equipment or other means as part of a discovery recount,
26including a count of the permanent paper record of each ballot

 

 

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1cast by using compatible equipment, different equipment
2approved by the State Board of Elections for that purpose, or
3by hand.
4    "Separate ballot" means a separate page or display screen
5of the ballot that is clearly defined and distinguishable from
6other portions of the ballot.
7    "Voting device" or "voting machine" means an apparatus that
8contains the ballot label or ballot screen and allows the voter
9to record his or her vote.
10    "Voting system" or "system" means the total combination of
11mechanical, electro-mechanical, or electronic equipment,
12programs and practices used to define ballots, cast and count
13votes, report or display election results, maintain or produce
14any audit trail information, identify all system components,
15test the system during development, maintenance, and
16operation, maintain records of system errors and defects,
17determine specific system changes to be made to a system after
18initial qualification, and make available any materials to the
19voter, such as notices, instructions, forms, or paper ballots.
20(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
21    (10 ILCS 5/24C-3)
22    Sec. 24C-3. Adoption, experimentation or abandonment of
23direct recording electronic tabulators and electronic ballot
24marking devices Direct Recording Electronic Voting System;
25boundaries Boundaries of precincts; notice Notice. Except as

 

 

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1otherwise provided in this Section, any county board, board of
2county commissioners and any board of election commissioners,
3with respect to territory within its jurisdiction, may adopt,
4experiment with, or abandon a direct recording electronic
5tabulator or electronic ballot marking device Direct Recording
6Electronic Voting System approved for use by the State Board of
7Elections and may use such System in all or some of the
8precincts within its jurisdiction, or in combination with paper
9ballots or other voting systems. Any county board, board of
10county commissioners or board of election commissioners may
11contract for the tabulation of votes at a location outside its
12territorial jurisdiction when there is no suitable tabulating
13equipment available within its territorial jurisdiction. In no
14case may a county board, board of county commissioners or board
15of election commissioners contract or arrange for the purchase,
16lease or loan of a direct recording electronic tabulator or
17electronic ballot marking device Direct Recording Electronic
18Voting System or system System component without the approval
19of the State Board of Elections as provided by Section 24C-16.
20    Before any direct recording electronic tabulator or
21electronic ballot marking device Direct Recording Electronic
22Voting System is introduced, adopted or used in any precinct or
23territory at least 2 months public notice must be given before
24the date of the first election where the system System is to be
25used. The election authority shall publish the notice at least
26once in one or more newspapers published within the county or

 

 

10100SB1863ham004- 91 -LRB101 10839 SMS 64633 a

1other jurisdiction, where the election is held. If there is no
2such newspaper, the notice shall be published in a newspaper
3published in the county and having a general circulation within
4such jurisdiction. The notice shall be substantially as
5follows:
6    "Notice is hereby given that on ... (give date) ..., at ...
7(give place where election is held) ... in the county of ...,
8an election will be held for ... (give name of offices to be
9filled) ... at which a direct recording electronic tabulator or
10electronic ballot marking device Direct Recording Electronic
11Voting System will be used."
12    Dated at ... this ... day of ... 20....?
13    This notice referred to shall be given only at the first
14election at which the direct recording electronic tabulator or
15electronic ballot marking device Direct Recording Electronic
16Voting System is used.
17(Source: P.A. 93-574, eff. 8-21-03.)
 
18    (10 ILCS 5/24C-3.1)
19    Sec. 24C-3.1. Retention or consolidation or alteration of
20existing precincts; change Change of location. When a direct
21recording electronic tabulator or electronic ballot marking
22device Direct Recording Electronic Voting System is used, the
23county board or board of election commissioners may retain
24existing precincts or may consolidate, combine, alter,
25decrease or enlarge the boundaries of the precincts to change

 

 

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1the number of registered voters of the precincts using the
2System, establishing the number of registered voters within
3each precinct at a number not to exceed 800 as the appropriate
4county board or board of election commissioners determines will
5afford adequate voting facilities and efficient and economical
6elections.
7    Except in the event of a fire, flood or total loss of heat
8in a place fixed or established pursuant to law by any county
9board or board of election commissioners as a polling place for
10an election, no election authority shall change the location of
11a polling place established for any precinct after notice of
12the place of holding the election for that precinct has been
13given as required under Article 12 unless the election
14authority notifies all registered voters in the precinct of the
15change in location by first class mail in sufficient time for
16the notice to be received by the registered voters in the
17precinct at least one day prior to the date of the election.
18(Source: P.A. 93-574, eff. 8-21-03.)
 
19    (10 ILCS 5/24C-4)
20    Sec. 24C-4. Use of direct recording electronic tabulators
21and electronic ballot marking devices Direct Recording
22Electronic Voting System; requisites Requisites; applicable
23procedure Applicable procedure. Direct recording electronic
24tabulators and electronic ballot marking devices Recording
25Electronic Voting Systems may be used in elections provided

 

 

10100SB1863ham004- 93 -LRB101 10839 SMS 64633 a

1that such systems Systems are approved for use by the State
2Board of Elections. So far as applicable, the procedure
3provided for voting paper ballots shall apply when direct
4recording electronic tabulators or electronic ballot marking
5devices Direct Recording Electronic Voting Systems are used.
6However, the provisions of this Article 24C will govern when
7there are conflicts.
8(Source: P.A. 93-574, eff. 8-21-03.)
 
9    (10 ILCS 5/24C-5)
10    Sec. 24C-5. Voting stations Stations. In precincts where a
11direct recording electronic tabulator or electronic ballot
12marking device Direct Recording Electronic Voting System is
13used, a sufficient number of voting stations shall be provided
14for the use of the system System according to the requirements
15determined by the State Board of Elections. Each station shall
16be placed in a manner so that no judge of election or
17pollwatcher is able to observe a voter casting a ballot.
18(Source: P.A. 93-574, eff. 8-21-03.)
 
19    (10 ILCS 5/24C-5.1)
20    Sec. 24C-5.1. Instruction of voters Voters; instruction
21model Instruction Model; partiality Partiality to political
22party Political Party; manner Manner of instruction
23Instruction. Before entering the voting booth each voter shall
24be offered instruction in using the direct recording electronic

 

 

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1tabulator or electronic ballot marking device Direct Recording
2Electronic Voting System. In instructing voters, no precinct
3official may show partiality to any political party or
4candidate. The duties of instruction shall be discharged by a
5judge from each of the political parties represented and they
6shall alternate serving as instructor so that each judge shall
7serve a like time at such duties. No instructions may be given
8inside a voting booth after the voter has entered the voting
9booth.
10    No precinct official or person assisting a voter may in any
11manner request, suggest, or seek to persuade or induce any
12voter to cast his or her vote for any particular ticket,
13candidate, amendment, question or proposition. All
14instructions shall be given by precinct officials in a manner
15that it may be observed by other persons in the polling place.
16(Source: P.A. 93-574, eff. 8-21-03.)
 
17    (10 ILCS 5/24C-5.2)
18    Sec. 24C-5.2. Demonstration of direct recording electronic
19tabulators and electronic ballot marking devices Direct
20Recording Electronic Voting System; placement Placement in
21public library Public Library. When a direct recording
22electronic tabulator or electronic ballot marking device
23Direct Recording Electronic Voting System is used in a
24forthcoming election, the election authority may provide, for
25the purpose of instructing voters in the election, one

 

 

10100SB1863ham004- 95 -LRB101 10839 SMS 64633 a

1demonstrator direct recording electronic tabulator or
2electronic ballot marking device Direct Recording Electronic
3Voting System unit for placement in any public library or in
4any other public or private building within the political
5subdivision where the election occurs. If the placement of a
6demonstrator takes place it shall be made available at least 30
7days before the election.
8(Source: P.A. 93-574, eff. 8-21-03.)
 
9    (10 ILCS 5/24C-6)
10    Sec. 24C-6. Ballot information Information; arrangement
11Arrangement; direct recording electronic tabulators Direct
12Recording Electronic Voting System; electronic ballot marking
13devices; vote Vote by mail ballots Mail Ballots; spoiled
14ballots Spoiled Ballots. The ballot information, shall, as far
15as practicable, be in the order of arrangement provided for
16paper ballots, except that the information may be in vertical
17or horizontal rows, or on a number of separate pages or display
18screens.
19    Ballots for all public questions to be voted on should be
20provided in a similar manner and must be arranged on the ballot
21in the places provided for such purposes. All public questions,
22including but not limited to public questions calling for a
23constitutional convention, constitutional amendment, or
24judicial retention, shall be placed on the ballot separate and
25apart from candidates. Ballots for all public questions shall

 

 

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1be clearly designated by borders or different color screens.
2More than one amendment to the constitution may be placed on
3the same portion of the ballot sheet. Constitutional convention
4or constitutional amendment propositions shall be placed on a
5separate portion of the ballot and designated by borders or
6unique color screens, unless otherwise provided by
7administrative rule of the State Board of Elections. More than
8one public question may be placed on the same portion of the
9ballot. More than one proposition for retention of judges in
10office may be placed on the same portion of the ballot.
11    The party affiliation, if any, of each candidate or the
12word "independent", where applicable, shall appear near or
13under the candidate's name, and the names of candidates for the
14same office shall be listed vertically under the title of that
15office. In the case of nonpartisan elections for officers of
16political subdivisions, unless the statute or an ordinance
17adopted pursuant to Article VII of the Constitution requires
18otherwise, the listing of nonpartisan candidates shall not
19include any party or "independent" designation. If no candidate
20or candidates file for an office and if no person or persons
21file a declaration as a write-in candidate for that office,
22then below the title of that office the election authority
23shall print "No Candidate". In primary elections, a separate
24ballot shall be used for each political party holding a
25primary, with the ballot arranged to include names of the
26candidates of the party and public questions and other

 

 

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1propositions to be voted upon on the day of the primary
2election.
3    If the ballot includes both candidates for office and
4public questions or propositions to be voted on, the election
5official in charge of the election shall divide the ballot in
6sections for "Candidates" and "Public Questions", or separate
7ballots may be used.
8    Any voter who spoils his or her ballot, makes an error, or
9has a ballot rejected by the automatic tabulating equipment
10shall be provided a means of correcting the ballot or obtaining
11a new ballot prior to casting his or her ballot.
12    Any election authority using a direct recording electronic
13tabulator or electronic ballot marking device Direct Recording
14Electronic Voting System may use voting systems approved for
15use under Articles 24A or 24B of this Code in conducting vote
16by mail or early voting.
17(Source: P.A. 98-1171, eff. 6-1-15.)
 
18    (10 ILCS 5/24C-6.1)
19    Sec. 24C-6.1. Security designation Designation. In all
20elections conducted under this Article, ballots shall have a
21security designation. In precincts where more than one ballot
22configuration may be voted upon, ballots shall have a different
23security designation for each ballot configuration. If a
24precinct has only one possible ballot configuration, the
25ballots must have a security designation to identify the

 

 

10100SB1863ham004- 98 -LRB101 10839 SMS 64633 a

1precinct and the election. Where ballots from more than one
2precinct are being tabulated, the ballots from each precinct
3must be clearly identified; official results shall not be
4generated unless the precinct identification for any precinct
5corresponds. When the tabulating equipment being used requires
6entering the program immediately before tabulating the ballots
7for each precinct, the precinct program may be used. The direct
8recording electronic tabulator or electronic ballot marking
9device Direct Recording Electronic Voting System shall be
10designed to ensure that the proper ballot is selected for each
11polling place and for each ballot configuration and that the
12format can be matched to the software or firmware required to
13interpret it correctly. The system shall provide a means of
14programming each piece of equipment to reflect the ballot
15requirements of the election and shall include a means for
16validating the correctness of the program and of the program's
17installation in the equipment or in a programmable memory
18device.
19(Source: P.A. 93-574, eff. 8-21-03.)
 
20    (10 ILCS 5/24C-7)
21    Sec. 24C-7. Write-in ballots Write-In Ballots. A direct
22recording electronic tabulator or electronic ballot marking
23device Direct Recording Electronic Voting System shall provide
24an acceptable method for a voter to vote for a person whose
25name does not appear on the ballot using the same apparatus

 

 

10100SB1863ham004- 99 -LRB101 10839 SMS 64633 a

1used to record votes for candidates whose names do appear on
2the ballot. Election authorities utilizing direct recording
3electronic tabulators or electronic ballot marking devices
4Direct Recording Electronic Voting Systems shall not use
5separate write-in ballots.
6    Whenever a person has submitted a declaration of intent to
7be a write-in candidate as required in Sections 17-16.1 and
818-9.1, a space or spaces in which the name of a candidate or
9candidates may be written in or recorded by the voter shall
10appear below the name of the last candidate nominated for such
11office. The number of write-in lines for an office shall equal
12the number of persons who have filed declarations of intent to
13be write-in candidates plus an additional line or lines for
14write-in candidates who qualify to file declarations to be
15write-in candidates under Section 17-16.1 or 18-9.1 when the
16certification of ballot contains the words "OBJECTION PENDING"
17next to the name of the candidate, up to the number of
18candidates for which a voter may vote.
19(Source: P.A. 95-862, eff. 8-19-08.)
 
20    (10 ILCS 5/24C-8)
21    Sec. 24C-8. Preparation for use Use; comparison of ballots
22Comparison of Ballots; operational checks Operational Checks
23of direct recording electronic tabulators and electronic
24ballot marking devices Direct Recording Electronic Voting
25Systems Equipment; pollwatchers Pollwatchers. The county clerk

 

 

10100SB1863ham004- 100 -LRB101 10839 SMS 64633 a

1or board of election commissioners shall cause the approved
2direct recording electronic tabulator equipment or electronic
3ballot marking devices Direct Recording Electronic Voting
4System equipment to be delivered to the polling places. Before
5the opening of the polls, all direct recording electronic
6tabulators or electronic ballot marking devices utilized as
7tabulators Direct Recording Voting System devices shall
8provide a printed record of the following, upon verification of
9the authenticity of the commands by a judge of election: the
10election's identification data, the equipment's unit
11identification, the ballot's format identification, the
12contents of each active candidate register by office and of
13each active public question register showing that they contain
14all zeros, all ballot fields that can be used to invoke special
15voting options, and other information needed to ensure the
16readiness of the equipment, and to accommodate administrative
17reporting requirements.
18    The direct recording electronic tabulator or electronic
19ballot marking device utilized as a tabulator Direct Recording
20Electronic Voting System shall provide a means of opening the
21polling place and readying the equipment for the casting of
22ballots. Such means shall incorporate a security seal, a
23password, or a data code recognition capability to prevent
24inadvertent or unauthorized actuation of the poll-opening
25function. If more than one step is required, it shall enforce
26their execution in the proper sequence.

 

 

10100SB1863ham004- 101 -LRB101 10839 SMS 64633 a

1    Pollwatchers as provided by law shall be permitted to
2closely observe the judges in these procedures and to
3periodically inspect the direct recording electronic tabulator
4or electronic ballot marking device Direct Recording
5Electronic Voting System equipment when not in use by the
6voters.
7(Source: P.A. 93-574, eff. 8-21-03.)
 
8    (10 ILCS 5/24C-9)
9    Sec. 24C-9. Testing of direct recording electronic
10tabulators and electronic ballot marking device equipment and
11programs Direct Recording Electronic Voting System Equipment
12and Programs; custody of programs Custody of Programs, test
13materials and ballots Test Materials and Ballots. Prior to the
14public test, the election authority shall conduct an errorless
15pre-test of the direct recording electronic tabulator or
16electronic ballot marking device Direct Recording Electronic
17Voting System equipment and programs to determine that they
18will correctly detect voting defects and count the votes cast
19for all offices, candidates, and all public questions. On any
20day not less than 5 days prior to the election day, the
21election authority shall publicly test the direct recording
22electronic tabulator or electronic ballot marking device
23Direct Recording Electronic Voting System equipment and
24programs to determine that it they will correctly detect voting
25errors and accurately count the votes legally cast for all

 

 

10100SB1863ham004- 102 -LRB101 10839 SMS 64633 a

1offices and candidates and on all public questions. Public
2notice of the time and place of the test shall be given at
3least 48 hours before the test by publishing the notice in one
4or more newspapers within the election jurisdiction of the
5election authority, if a newspaper is published in that
6jurisdiction. If a newspaper is not published in that
7jurisdiction, notice shall be published in a newspaper of
8general circulation in that jurisdiction. Timely written
9notice stating the date, time, and location of the public test
10shall also be provided to the State Board of Elections. The
11test shall be open to representatives of the political parties,
12the press, representatives of the State Board of Elections, and
13the public. The test shall be conducted by entering a
14pre-audited group of votes designed to record a predetermined
15number of valid votes for each candidate and on each public
16question, and shall include for each office one or more ballots
17having votes exceeding the number allowed by law to test the
18ability of the automatic tabulating equipment to reject the
19votes. The test shall also include producing an edit listing.
20In those election jurisdictions where in-precinct counting
21equipment is used, a public test of both the equipment and
22program shall be conducted as nearly as possible in the manner
23prescribed above. The State Board of Elections may select as
24many election jurisdictions as the Board deems advisable in the
25interests of the election process of this State, to order a
26special test of the automatic tabulating equipment and program

 

 

10100SB1863ham004- 103 -LRB101 10839 SMS 64633 a

1before any regular election. The Board may order a special test
2in any election jurisdiction where, during the preceding 12
3months, computer programming errors or other errors in the use
4of System resulted in vote tabulation errors. Not less than 30
5days before any election, the State Board of Elections shall
6provide written notice to those selected jurisdictions of their
7intent to conduct a test. Within 5 days of receipt of the State
8Board of Elections' written notice of intent to conduct a test,
9the selected jurisdictions shall forward to the principal
10office of the State Board of Elections a copy of all specimen
11ballots. The State Board of Elections' tests shall be conducted
12and completed not less than 2 days before the public test and
13under the supervision of the Board. The vendor, person, or
14other private entity shall be solely responsible for the
15production and cost of: all ballots; additional temporary
16workers; and other equipment or facilities needed and used in
17the testing of the vendor's, person's, or other private
18entity's respective equipment and software. After an errorless
19test, materials used in the public test, including the program,
20if appropriate, shall be sealed and remain sealed until the
21test is run again on election day. If any error is detected,
22the cause of the error shall be determined and corrected, and
23an errorless public test shall be made before the automatic
24tabulating equipment is approved. Each election authority
25shall file a sealed copy of each tested program to be used
26within its jurisdiction at an election with the State Board of

 

 

10100SB1863ham004- 104 -LRB101 10839 SMS 64633 a

1Elections before the election. The Board shall secure the
2program or programs of each election jurisdiction so filed in
3its office until the next election of the same type (general
4primary, general election, consolidated primary, or
5consolidated election) for which the program or programs were
6filed. At the expiration of that time, if no election contest
7or appeal is pending in an election jurisdiction, the Board
8shall destroy the sealed program or programs. Except where
9in-precinct counting equipment is used, the test shall be
10repeated immediately before the start of the official counting
11of the ballots, in the same manner as set forth above. After
12the completion of the count, the test shall be re-run using the
13same program. Immediately after the re-run, all material used
14in testing the program and the programs shall be sealed and
15retained under the custody of the election authority for a
16period of 60 days. At the expiration of that time the election
17authority shall destroy the voted ballots, together with all
18unused ballots returned from the precincts. Provided, if any
19contest of election is pending at the time in which the ballots
20may be required as evidence and the election authority has
21notice of the contest, the same shall not be destroyed until
22after the contest is finally determined. If the use of back-up
23equipment becomes necessary, the same testing required for the
24original equipment shall be conducted.
25(Source: P.A. 93-574, eff. 8-21-03; 94-1000, eff. 7-3-06.)
 

 

 

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1    (10 ILCS 5/24C-10)
2    Sec. 24C-10. Recording of votes by direct recording
3electronic tabulators and electronic ballot marking devices
4Direct Recording Electronic Voting Systems.
5    Whenever a direct recording electronic tabulator Direct
6Recording Electronic Voting System is used to automatically
7record and count the votes on ballots or, in the case of an
8electronic ballot marking device, mark the votes on a ballot,
9the provisions of this Section shall apply. A voter shall cast
10a proper vote on a ballot by marking the designated area for
11the casting of a vote for any party or candidate or for or
12against any public question. For this purpose, a mark is an
13intentional selection of the designated area on the ballot by
14appropriate means and which is not otherwise an identifying
15mark.
16(Source: P.A. 93-574, eff. 8-21-03.)
 
17    (10 ILCS 5/24C-11)
18    Sec. 24C-11. Functional requirements. A direct recording
19electronic tabulator or electronic ballot marking device
20Direct Recording Electronic Voting System shall, in addition to
21satisfying the other requirements of this Article, fulfill the
22following functional requirements:
23    (a) Provide a voter in a primary election with the means of
24casting a ballot containing votes for any and all candidates of
25the party or parties of his or her choice, and for any and all

 

 

10100SB1863ham004- 106 -LRB101 10839 SMS 64633 a

1non-partisan candidates and public questions and preclude the
2voter from voting for any candidate of any other political
3party except when legally permitted. In a general election, the
4system shall provide the voter with means of selecting the
5appropriate number of candidates for any office, and of voting
6on any public question on the ballot to which he or she is
7entitled to vote.
8    (b) If a voter is not entitled to vote for particular
9candidates or public questions appearing on the ballot, the
10system shall prevent the selection of the prohibited votes.
11    (c) Once the proper ballot has been selected, the system
12devices shall provide a means of enabling the recording of
13votes and the casting of said ballot or, in the case of an
14electronic ballot marking device, enable the recording of votes
15in order to be cast on an electronic tabulating device.
16    (d) System voting devices shall provide voting choices that
17are clear to the voter and labels indicating the names of every
18candidate and the text of every public question on the voter's
19ballot. Each label shall identify the selection button or
20switch, or the active area of the ballot associated with it.
21The system shall be able to incorporate minimal, easy-to-follow
22on-screen instruction for the voter on how to cast a ballot.
23    (e) Voting devices shall (i) enable the voter to vote for
24any and all candidates and public questions appearing on the
25ballot for which the voter is lawfully entitled to vote, in any
26legal number and combination; (ii) detect and reject all votes

 

 

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1for an office or upon a public question when the voter has cast
2more votes for the office or upon the public question than the
3voter is entitled to cast; (iii) notify the voter if the
4voter's choices as recorded on the ballot for an office or
5public question are fewer than or exceed the number that the
6voter is entitled to vote for on that office or public question
7and the effect of casting more or fewer votes than legally
8permitted; (iv) notify the voter if the voter has failed to
9completely cast a vote for an office or public question
10appearing on the ballot; and (v) permit the voter, in a private
11and independent manner, to verify the votes selected by the
12voter, to change the ballot or to correct any error on the
13ballot before the ballot is completely cast and counted. A
14means shall be provided to indicate each selection after it has
15been made or canceled.
16    (f) System voting devices shall provide a means for the
17voter to signify that the selection of candidates and public
18questions has been completed. Upon activation, a direct
19recording electronic tabulator the system shall record an image
20of the completed ballot, increment the proper ballot position
21registers, and shall signify to the voter that the ballot has
22been cast or, in the case of an electronic ballot marking
23device, the system shall record all votes and signify to the
24voter that the ballot has been marked. The system shall then
25prevent any further attempt to vote until it has been reset or
26re-enabled by a judge of election.

 

 

10100SB1863ham004- 108 -LRB101 10839 SMS 64633 a

1    (g) Each direct recording electronic tabulator or
2electronic ballot marking device utilized as a tabulator system
3voting device shall be equipped with a public counter that can
4be set to zero prior to the opening of the polling place, and
5that records the number of ballots cast at a particular
6election. The counter shall be incremented only by the casting
7of a ballot. The counter shall be designed to prevent disabling
8or resetting by other than authorized persons after the polls
9close. The counter shall be visible to all judges of election
10so long as the device is installed at the polling place.
11    (h) Each system voting device shall be equipped with a
12protective counter that records all of the testing and election
13ballots cast since the unit was built. This counter shall be
14designed so that its reading cannot be changed by any cause
15other than the casting of a ballot. The protective counter
16shall be incapable of ever being reset and it shall be visible
17at all times when the device is configured for testing,
18maintenance, or election use.
19    (i) All system devices shall provide a means of preventing
20further voting once the polling place has closed and after all
21eligible voters have voted. Such means of control shall
22incorporate a visible indication of system status. Each device
23shall prevent any unauthorized use, prevent tampering with
24ballot labels and preclude its re-opening once the poll closing
25has been completed for that election.
26    (j) Each direct recording electronic tabulator or

 

 

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1electronic ballot marking device utilized as a tabulator The
2system shall produce a printed summary report of the votes cast
3upon each voting device. Until the proper sequence of events
4associated with closing the polling place has been completed,
5the system shall not allow the printing of a report or the
6extraction of data. The printed report shall also contain all
7system audit information to be required by the election
8authority. Data shall not be altered or otherwise destroyed by
9report generation and the system shall ensure the integrity and
10security of data for a period of at least 6 months after the
11polls close.
12    (k) If more than one voting device is used in a polling
13place, the system shall provide a means to manually or
14electronically consolidate the data from all such units into a
15single report even if different voting systems are used to
16record ballots. The system shall also be capable of merging the
17vote tabulation results produced by other vote tabulation
18systems, if necessary.
19    (l) System functions shall be implemented such that
20unauthorized access to them is prevented and the execution of
21authorized functions in an improper sequence is precluded.
22System functions shall be executable only in the intended
23manner and order, and only under the intended conditions. If
24the preconditions to a system function have not been met, the
25function shall be precluded from executing by the system's
26control logic.

 

 

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1    (m) All system voting devices shall incorporate at least 3
2memories in the machine itself and in its programmable memory
3devices.
4    (n) The system shall include capabilities of recording and
5reporting the date and time of normal and abnormal events and
6of maintaining a permanent record of audit information that
7cannot be turned off. Provisions shall be made to detect and
8record significant events (e.g., casting a ballot, error
9conditions that cannot be disposed of by the system itself,
10time-dependent or programmed events that occur without the
11intervention of the voter or a judge of election).
12    (o) The system and each system voting device must be
13capable of creating, printing and maintaining a permanent paper
14record and an electronic image of each ballot that is cast such
15that records of individual ballots are maintained by a
16subsystem independent and distinct from the main vote
17detection, interpretation, processing and reporting path. The
18electronic images of each ballot must protect the integrity of
19the data and the anonymity of each voter, for example, by means
20of storage location scrambling. The ballot image records may be
21either machine-readable or manually transcribed, or both, at
22the discretion of the election authority.
23    (p) The system shall include built-in test, measurement and
24diagnostic software and hardware for detecting and reporting
25the system's status and degree of operability.
26    (q) The system shall contain provisions for maintaining the

 

 

10100SB1863ham004- 111 -LRB101 10839 SMS 64633 a

1integrity of memory voting and audit data during an election
2and for a period of at least 6 months thereafter and shall
3provide the means for creating an audit trail.
4    (r) The system shall be fully accessible so as to permit
5blind or visually impaired voters as well as voters with
6physical disabilities to exercise their right to vote in
7private and without assistance.
8    (s) The system shall provide alternative language
9accessibility if required pursuant to Section 203 of the Voting
10Rights Act of 1965.
11    (t) Each voting device shall enable a voter to vote for a
12person whose name does not appear on the ballot.
13    (u) Each direct recording electronic tabulator The system
14shall record and count accurately and, in the case of an
15electronic ballot marking devices, accurately mark each vote
16properly cast for or against any candidate and for or against
17any public question, including the names of all candidates
18whose names are written in by the voters.
19    (v) The system shall allow for accepting provisional
20ballots and for separating such provisional ballots from
21precinct totals until authorized by the election authority.
22    (w) The system shall provide an effective audit trail as
23defined in Section 24C-2 in this Code.
24    (x) The system shall be suitably designed for the purpose
25used, be durably constructed, and be designed for safety,
26accuracy and efficiency.

 

 

10100SB1863ham004- 112 -LRB101 10839 SMS 64633 a

1    (y) The system shall comply with all provisions of federal,
2State and local election laws and regulations and any future
3modifications to those laws and regulations.
4(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
 
5    (10 ILCS 5/24C-12)
6    Sec. 24C-12. Procedures for counting and tallying of
7ballots. In an election jurisdiction where a direct recording
8electronic tabulator or electronic ballot marking device
9Direct Recording Electronic Voting System is used, the
10following procedures for counting and tallying the ballots
11shall apply:
12    Before the opening of the polls, the judges of elections
13shall assemble the voting equipment and devices and turn the
14equipment on. The judges shall, if necessary, take steps to
15activate the voting devices and counting equipment by inserting
16into the equipment and voting devices appropriate data cards
17containing passwords and data codes that will select the proper
18ballot formats selected for that polling place and that will
19prevent inadvertent or unauthorized activation of the
20poll-opening function. Before voting begins and before ballots
21are entered into the voting devices, the judges of election
22shall cause to be printed a record of the following: the
23election's identification data, the device's unit
24identification, the ballot's format identification, the
25contents of each active candidate register by office and of

 

 

10100SB1863ham004- 113 -LRB101 10839 SMS 64633 a

1each active public question register showing that they contain
2all zero votes, all ballot fields that can be used to invoke
3special voting options, and other information needed to ensure
4the readiness of the equipment and to accommodate
5administrative reporting requirements. The judges must also
6check to be sure that the totals are all zeros in the counting
7columns and in the public counter affixed to the voting
8devices.
9    After the judges have determined that a person is qualified
10to vote, a voting device with the proper ballot to which the
11voter is entitled shall be enabled to be used by the voter. The
12ballot may then be cast by the voter by marking by appropriate
13means the designated area of the ballot for the casting or, in
14the case of an electronic ballot marking device, marking of a
15vote for any candidate or for or against any public question.
16The voter shall be able to vote for any and all candidates and
17public questions measures appearing on the ballot in any legal
18number and combination and the voter shall be able to delete,
19change or correct his or her selections before the ballot is
20cast. The voter shall be able to select candidates whose names
21do not appear upon the ballot for any office by entering
22electronically as many names of candidates as the voter is
23entitled to select for each office.
24    Upon completing his or her selection of candidates or
25public questions, the voter shall signify that voting has been
26completed by activating the appropriate button, switch or

 

 

10100SB1863ham004- 114 -LRB101 10839 SMS 64633 a

1active area of the ballot screen associated with end of voting.
2Upon activation, the voting system shall record an image of the
3completed ballot, increment the proper ballot position
4registers, and shall signify to the voter that the ballot has
5been cast or, in the case of an electronic ballot marking
6device, has been marked in order to be cast on an electronic
7tabulating device. Upon activation, the voting system shall
8also print a permanent paper record of each ballot cast as
9defined in Section 24C-2 of this Code. This permanent paper
10record shall (i) be printed in a clear, readily readable format
11that can be easily reviewed by the voter for completeness and
12accuracy and (ii) either be self-contained within the voting
13device or be deposited by the voter into a secure ballot box.
14No permanent paper record shall be removed from the polling
15place except by election officials as authorized by this
16Article. All permanent paper records shall be preserved and
17secured by election officials in the same manner as paper
18ballots and shall be available as an official record for any
19recount, redundant count, or verification or retabulation of
20the vote count conducted with respect to any election in which
21the voting system is used. The voter shall exit the voting
22station and the voting system shall prevent any further attempt
23to vote until it has been properly re-activated. If a voting
24device has been enabled for voting but the voter leaves the
25polling place without casting a ballot, 2 judges of election,
26one from each of the 2 major political parties, shall spoil the

 

 

10100SB1863ham004- 115 -LRB101 10839 SMS 64633 a

1ballot.
2    Throughout the election day and before the closing of the
3polls, no person may check any vote totals for any candidate or
4public question on the voting or counting equipment. Such
5equipment shall be programmed so that no person may reset the
6equipment for reentry of ballots unless provided the proper
7code from an authorized representative of the election
8authority.
9    The precinct judges of election shall check the public
10register to determine whether the number of ballots counted by
11the voting equipment agrees with the number of voters voting as
12shown by the applications for ballot. If the same do not agree,
13the judges of election shall immediately contact the offices of
14the election authority in charge of the election for further
15instructions. If the number of ballots counted by the voting
16equipment agrees with the number of voters voting as shown by
17the application for ballot, the number shall be listed on the
18"Statement of Ballots" form provided by the election authority.
19    The totals for all candidates and propositions shall be
20tabulated. One copy of an "In-Precinct Totals Report" shall be
21generated by the automatic tabulating equipment for return to
22the election authority. One copy of an "In-Precinct Totals
23Report" shall be generated and posted in a conspicuous place
24inside the polling place, provided that any authorized
25pollwatcher or other official authorized to be present in the
26polling place to observe the counting of ballots is present.

 

 

10100SB1863ham004- 116 -LRB101 10839 SMS 64633 a

1The judges of election shall provide, if requested, a set for
2each authorized pollwatcher or other official authorized to be
3present in the polling place to observe the counting of
4ballots. In addition, sufficient time shall be provided by the
5judges of election to the pollwatchers to allow them to copy
6information from the copy which has been posted.
7    Until December 31, 2019, in elections at which fractional
8cumulative votes are cast for candidates, the tabulation of
9those fractional cumulative votes may be made by the election
10authority at its central office location, and 4 copies of a
11"Certificate of Results" shall be printed by the automatic
12tabulation equipment and shall be posted in 4 conspicuous
13places at the central office location where those fractional
14cumulative votes have been tabulated.
15    If instructed by the election authority, the judges of
16election shall cause the tabulated returns to be transmitted
17electronically to the offices of the election authority via
18modem or other electronic medium.
19    The precinct judges of election shall select a bi-partisan
20team of 2 judges, who shall immediately return the ballots in a
21sealed container, along with all other election materials and
22equipment as instructed by the election authority; provided,
23however, that such container must first be sealed by the
24election judges with filament tape or other approved sealing
25devices provided for the purpose in a manner that the ballots
26cannot be removed from the container without breaking the seal

 

 

10100SB1863ham004- 117 -LRB101 10839 SMS 64633 a

1or filament tape and disturbing any signatures affixed by the
2election judges to the container. The election authority shall
3keep the office of the election authority, or any receiving
4stations designated by the authority, open for at least 12
5consecutive hours after the polls close or until the ballots
6and election material and equipment from all precincts within
7the jurisdiction of the election authority have been returned
8to the election authority. Ballots and election materials and
9equipment returned to the office of the election authority
10which are not signed and sealed as required by law shall not be
11accepted by the election authority until the judges returning
12the ballots make and sign the necessary corrections. Upon
13acceptance of the ballots and election materials and equipment
14by the election authority, the judges returning the ballots
15shall take a receipt signed by the election authority and
16stamped with the time and date of the return. The election
17judges whose duty it is to return any ballots and election
18materials and equipment as provided shall, in the event the
19ballots, materials or equipment cannot be found when needed, on
20proper request, produce the receipt which they are to take as
21above provided.
22(Source: P.A. 99-522, eff. 6-30-16; 99-701, eff. 7-29-16.)
 
23    (10 ILCS 5/24C-13)
24    Sec. 24C-13. Vote by mail ballots; early voting ballots;
25proceedings at location for central counting; employees;

 

 

10100SB1863ham004- 118 -LRB101 10839 SMS 64633 a

1approval of list.
2    (a) All jurisdictions using direct recording electronic
3tabulators or electronic ballot marking devices Direct
4Recording Electronic Voting Systems shall use paper ballots or
5paper ballot sheets approved for use under Articles 16, 24A, or
624B of this Code when conducting vote by mail voting. All vote
7by mail ballots shall be counted at the central ballot counting
8location of the election authority. Sections The provisions of
9Section 24A-9, 24B-9, and 24C-9 of this Code shall apply to the
10testing and notice requirements for central count tabulation
11equipment, including comparing the signature on the ballot
12envelope with the signature of the voter on the permanent voter
13registration record card taken from the master file. Vote
14results shall be recorded by precinct and shall be added to the
15vote results for the precinct in which the vote by mail voter
16was eligible to vote prior to completion of the official
17canvass.
18    (b) All proceedings at the location for central counting
19shall be under the direction of the county clerk or board of
20election commissioners. Except for any specially trained
21technicians required for the operation of the direct recording
22electronic tabulator or electronic ballot marking device
23Direct Recording Electronic Voting System, the employees at the
24counting station shall be equally divided between members of
25the 2 leading political parties and all duties performed by the
26employees shall be by teams consisting of an equal number of

 

 

10100SB1863ham004- 119 -LRB101 10839 SMS 64633 a

1members of each political party. Thirty days before an election
2the county clerk or board of election commissioners shall
3submit to the chair of each political party, for his or her
4approval or disapproval, a list of persons of his or her party
5proposed to be employed. If a chair fails to notify the
6election authority of his or her disapproval of any proposed
7employee within a period of 10 days thereafter the list shall
8be deemed approved.
9(Source: P.A. 100-1027, eff. 1-1-19.)
 
10    (10 ILCS 5/24C-14)
11    Sec. 24C-14. Tabulating votes Votes; direction Direction;
12presence of public Presence of Public; computer operator's log
13and canvass Computer Operator's Log and Canvass. The procedure
14for tabulating the votes by the direct recording electronic
15tabulator or electronic ballot marking device Direct Recording
16Electronic Voting System shall be under the direction of the
17election authority and shall conform to the requirements of the
18direct recording electronic tabulator or electronic ballot
19marking device Direct Recording Electronic Voting System.
20During any election-related activity using the automatic
21direct recording electronic tabulator or electronic ballot
22marking device Direct Recording Electronic Voting System
23equipment, the election authority shall make a reasonable
24effort to dedicate the equipment to vote processing to ensure
25the security and integrity of the system.

 

 

10100SB1863ham004- 120 -LRB101 10839 SMS 64633 a

1    A reasonable number of pollwatchers shall be admitted to
2the counting location. Such persons may observe the tabulating
3process at the discretion of the election authority; however,
4at least one representative of each established political party
5and authorized agents of the State Board of Elections shall be
6permitted to observe this process at all times. No persons
7except those employed and authorized for the purpose shall
8touch any ballot, ballot box, return, or equipment.
9    The computer operator shall be designated by the election
10authority and shall be sworn as a deputy of the election
11authority. In conducting the vote tabulation and canvass, the
12computer operator must maintain a log which shall include the
13following information:
14        (a) alterations made to programs associated with the
15    vote counting process;
16        (b) if applicable, console messages relating to the
17    program and the respective responses made by the operator;
18        (c) the starting time for each precinct counted, the
19    number of ballots counted for each precinct, any equipment
20    problems and, insofar as practicable, the number of invalid
21    security designations encountered during that count; and
22        (d) changes and repairs made to the equipment during
23    the vote tabulation and canvass.
24    The computer operator's log and canvass shall be available
25for public inspection in the office of the election authority
26for a period of 60 days following the proclamation of election

 

 

10100SB1863ham004- 121 -LRB101 10839 SMS 64633 a

1results. A copy of the computer operator's log and the canvass
2shall be transmitted to the State Board of Elections upon its
3request and at its expense.
4(Source: P.A. 93-574, eff. 8-21-03.)
 
5    (10 ILCS 5/24C-15)
6    Sec. 24C-15. Official return of precinct; check of totals;
7audit. The precinct return printed by the direct recording
8electronic tabulator or electronic ballot marking device
9utilized as a tabulator Direct Recording Electronic Voting
10System tabulating equipment shall include the number of ballots
11cast and votes cast for each candidate and public question and
12shall constitute the official return of each precinct. In
13addition to the precinct return, the election authority shall
14provide the number of applications for ballots in each
15precinct, the total number of ballots and vote by mail ballots
16counted in each precinct for each political subdivision and
17district and the number of registered voters in each precinct.
18However, the election authority shall check the totals shown by
19the precinct return and, if there is an obvious discrepancy
20regarding the total number of votes cast in any precinct, shall
21have the ballots for that precinct audited to correct the
22return. The procedures for this audit shall apply prior to and
23after the proclamation is completed; however, after the
24proclamation of results, the election authority must obtain a
25court order to unseal voted ballots or voting devices except

 

 

10100SB1863ham004- 122 -LRB101 10839 SMS 64633 a

1for election contests and discovery recounts. The certificate
2of results, which has been prepared and signed by the judges of
3election after the ballots have been tabulated, shall be the
4document used for the canvass of votes for such precinct.
5Whenever a discrepancy exists during the canvass of votes
6between the unofficial results and the certificate of results,
7or whenever a discrepancy exists during the canvass of votes
8between the certificate of results and the set of totals
9reflected on the certificate of results, the ballots for that
10precinct shall be audited to correct the return.
11    Prior to the proclamation, the election authority shall
12test the voting devices and equipment in 5% of the precincts
13within the election jurisdiction, as well as 5% of the voting
14devices used in early voting. The precincts and the voting
15devices to be tested shall be selected after election day on a
16random basis by the State Board of Elections, so that every
17precinct and every device used in early voting in the election
18jurisdiction has an equal mathematical chance of being
19selected. The State Board of Elections shall design a standard
20and scientific random method of selecting the precincts and
21voting devices that are to be tested. The State central
22committee chair of each established political party shall be
23given prior written notice of the time and place of the random
24selection procedure and may be represented at the procedure.
25    The test shall be conducted by counting the votes marked on
26the permanent paper record of each ballot cast in the tested

 

 

10100SB1863ham004- 123 -LRB101 10839 SMS 64633 a

1precinct printed by the voting system at the time that each
2ballot was cast and comparing the results of this count with
3the results shown by the certificate of results prepared by the
4direct recording electronic tabulator or electronic ballot
5marking device utilized as a tabulator Direct Recording
6Electronic Voting System in the test precinct. The election
7authority shall test count these votes either by hand or by
8using an automatic tabulating device other than a direct
9recording electronic tabulator or electronic ballot marking
10device Direct Recording Electronic voting device that has been
11approved by the State Board of Elections for that purpose and
12tested before use to ensure accuracy. The election authority
13shall print the results of each test count. If any error is
14detected, the cause shall be determined and corrected, and an
15errorless count shall be made prior to the official canvass and
16proclamation of election results. If an errorless count cannot
17be conducted and there continues to be difference in vote
18results between the certificate of results produced by the
19direct recording electronic tabulator or electronic ballot
20marking device utilized as a tabulator Direct Recording
21Electronic Voting System and the count of the permanent paper
22records or if an error was detected and corrected, the election
23authority shall immediately prepare and forward to the
24appropriate canvassing board a written report explaining the
25results of the test and any errors encountered and the report
26shall be made available for public inspection.

 

 

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1    The State Board of Elections, the State's Attorney and
2other appropriate law enforcement agencies, the county chair of
3each established political party and qualified civic
4organizations shall be given prior written notice of the time
5and place of the test and may be represented at the test.
6    The results of this post-election test shall be treated in
7the same manner and have the same effect as the results of the
8discovery procedures set forth in Section 22-9.1 of this Code.
9(Source: P.A. 100-1027, eff. 1-1-19.)
 
10    (10 ILCS 5/24C-15.01)
11    Sec. 24C-15.01. Transporting ballots to central counting
12station Ballots to Central Counting Station; container
13Container. Upon completion of the tabulation, audit or test of
14voting equipment pursuant to Sections 24C-11 through 24C-15,
15the ballots and the medium containing the ballots from each
16precinct shall be replaced in the container in which they were
17transported to the central counting station. If the container
18is not a type which may be securely locked, then each
19container, before being transferred from the counting station
20to storage, shall be securely sealed.
21(Source: P.A. 93-574, eff. 8-21-03.)
 
22    (10 ILCS 5/24C-15.1)
23    Sec. 24C-15.1. Discovery, recounts, and election contests
24Recounts and Election Contests. Except as provided, discovery

 

 

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1recounts and election contests shall be conducted as otherwise
2provided for in this Code. The direct recording electronic
3tabulator or electronic ballot marking device Direct Recording
4Electronic Voting System equipment shall be tested prior to the
5discovery recount or election contest as provided in Section
624C-9, and then the official ballots shall be audited.
7    Any person who has filed a petition for discovery recount
8may request that a redundant count be conducted in those
9precincts in which the discovery recount is being conducted.
10The additional costs of a redundant count shall be borne by the
11requesting party.
12    The log of the computer operator and all materials retained
13by the election authority in relation to vote tabulation and
14canvass shall be made available for any discovery recount or
15election contest.
16(Source: P.A. 93-574, eff. 8-21-03.)
 
17    (10 ILCS 5/24C-16)
18    Sec. 24C-16. Approval of direct recording electronic
19tabulator or electronic ballot marking device Direct Recording
20Electronic Voting Systems; requisites Requisites. The State
21Board of Elections shall approve all direct recording
22electronic tabulators and electronic ballot marking devices
23Direct Recording Electronic Voting Systems that fulfill the
24functional requirements provided by Section 24C-11 of this
25Code, the mandatory requirements of the federal voting system

 

 

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1standards pertaining to direct recording electronic tabulators
2and electronic ballot marking devices Direct Recording
3Electronic Voting Systems promulgated by the Federal Election
4Commission or the Election Assistance Commission, the testing
5requirements of an approved independent testing authority and
6the rules of the State Board of Elections.
7    The State Board of Elections shall not approve any direct
8recording electronic tabulator or electronic ballot marking
9device Direct Recording Electronic Voting System that includes
10an external Infrared Data Association (IrDA) communications
11port.
12    The State Board of Elections is authorized to withdraw its
13approval of a direct recording electronic tabulator or
14electronic ballot marking device Direct Recording Electronic
15Voting System if the system System, once approved, fails to
16fulfill the above requirements.
17    The vendor, person, or other private entity shall be solely
18responsible for the production and cost of: all application
19fees; all ballots; additional temporary workers; and other
20equipment or facilities needed and used in the testing of the
21vendor's, person's, or other private entity's respective
22equipment and software.
23    Any voting system vendor, person, or other private entity
24seeking the State Board of Elections' approval of a voting
25system shall, as part of the approval application, submit to
26the State Board a non-refundable fee. The State Board of

 

 

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1Elections by rule shall establish an appropriate fee structure,
2taking into account the type of voting system approval that is
3requested (such as approval of a new system, a modification of
4an existing system, the size of the modification, etc.). No
5voting system or modification of a voting system shall be
6approved unless the fee is paid.
7    No vendor, person, or other entity may sell, lease, or
8loan, or have a written contract, including a contract
9contingent upon State Board approval of the voting system or
10voting system component, to sell, lease, or loan, a direct
11recording electronic tabulator, electronic ballot marking
12device Direct Recording Electronic Voting System or system
13component to any election jurisdiction unless the system or
14system component is first approved by the State Board of
15Elections pursuant to this Section.
16(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
17    (10 ILCS 5/24C-17)
18    Sec. 24C-17. Rules; number of voting stations Number of
19Voting Stations. The State Board of Elections may make
20reasonable rules for the administration of this Article and may
21prescribe the number of voting stations required for the
22various types of voting systems.
23(Source: P.A. 93-574, eff. 8-21-03.)
 
24    (10 ILCS 5/24C-18)

 

 

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1    Sec. 24C-18. Specimen ballots Ballots; publication
2Publication. When a direct recording electronic tabulator or
3electronic ballot marking device Direct Recording Electronic
4Voting System is used, the election authority shall cause to be
5published, at least 5 days before the day of each general and
6general primary election, in 2 or more newspapers published in
7and having a general circulation in the county, a true and
8legible copy of the specimen ballot containing the names of
9offices and candidates and public questions to be voted on, as
10near as may be, in the form in which they will appear on the
11official ballot on election day. A true legible copy may be in
12the form of an actual size ballot and shall be published as
13required by this Section if distributed in 2 or more newspapers
14published and having a general circulation in the county as an
15insert. For each election prescribed in Article 2A of this
16Code, specimen ballots shall be made available for public
17distribution and shall be supplied to the judges of election
18for posting in the polling place on the day of election. Notice
19for the consolidated elections shall be given as provided in
20Article 12.
21(Source: P.A. 93-574, eff. 8-21-03.)
 
22    (10 ILCS 5/24C-19)
23    Sec. 24C-19. Additional method of voting Method of Voting.
24The foregoing Sections of this Article shall be deemed to
25provide a method of voting in addition to the methods otherwise

 

 

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1provided in this Code.
2(Source: P.A. 93-574, eff. 8-21-03.)
 
3    Section 15. The Illinois Procurement Code is amended by
4changing Section 1-10 as follows:
 
5    (30 ILCS 500/1-10)
6    Sec. 1-10. Application.
7    (a) This Code applies only to procurements for which
8bidders, offerors, potential contractors, or contractors were
9first solicited on or after July 1, 1998. This Code shall not
10be construed to affect or impair any contract, or any provision
11of a contract, entered into based on a solicitation prior to
12the implementation date of this Code as described in Article
1399, including, but not limited to, any covenant entered into
14with respect to any revenue bonds or similar instruments. All
15procurements for which contracts are solicited between the
16effective date of Articles 50 and 99 and July 1, 1998 shall be
17substantially in accordance with this Code and its intent.
18    (b) This Code shall apply regardless of the source of the
19funds with which the contracts are paid, including federal
20assistance moneys. This Code shall not apply to:
21        (1) Contracts between the State and its political
22    subdivisions or other governments, or between State
23    governmental bodies, except as specifically provided in
24    this Code.

 

 

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1        (2) Grants, except for the filing requirements of
2    Section 20-80.
3        (3) Purchase of care, except as provided in Section
4    5-30.6 of the Illinois Public Aid Code and this Section.
5        (4) Hiring of an individual as employee and not as an
6    independent contractor, whether pursuant to an employment
7    code or policy or by contract directly with that
8    individual.
9        (5) Collective bargaining contracts.
10        (6) Purchase of real estate, except that notice of this
11    type of contract with a value of more than $25,000 must be
12    published in the Procurement Bulletin within 10 calendar
13    days after the deed is recorded in the county of
14    jurisdiction. The notice shall identify the real estate
15    purchased, the names of all parties to the contract, the
16    value of the contract, and the effective date of the
17    contract.
18        (7) Contracts necessary to prepare for anticipated
19    litigation, enforcement actions, or investigations,
20    provided that the chief legal counsel to the Governor shall
21    give his or her prior approval when the procuring agency is
22    one subject to the jurisdiction of the Governor, and
23    provided that the chief legal counsel of any other
24    procuring entity subject to this Code shall give his or her
25    prior approval when the procuring entity is not one subject
26    to the jurisdiction of the Governor.

 

 

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1        (8) (Blank).
2        (9) Procurement expenditures by the Illinois
3    Conservation Foundation when only private funds are used.
4        (10) (Blank).
5        (11) Public-private agreements entered into according
6    to the procurement requirements of Section 20 of the
7    Public-Private Partnerships for Transportation Act and
8    design-build agreements entered into according to the
9    procurement requirements of Section 25 of the
10    Public-Private Partnerships for Transportation Act.
11        (12) Contracts for legal, financial, and other
12    professional and artistic services entered into on or
13    before December 31, 2018 by the Illinois Finance Authority
14    in which the State of Illinois is not obligated. Such
15    contracts shall be awarded through a competitive process
16    authorized by the Board of the Illinois Finance Authority
17    and are subject to Sections 5-30, 20-160, 50-13, 50-20,
18    50-35, and 50-37 of this Code, as well as the final
19    approval by the Board of the Illinois Finance Authority of
20    the terms of the contract.
21        (13) Contracts for services, commodities, and
22    equipment to support the delivery of timely forensic
23    science services in consultation with and subject to the
24    approval of the Chief Procurement Officer as provided in
25    subsection (d) of Section 5-4-3a of the Unified Code of
26    Corrections, except for the requirements of Sections

 

 

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1    20-60, 20-65, 20-70, and 20-160 and Article 50 of this
2    Code; however, the Chief Procurement Officer may, in
3    writing with justification, waive any certification
4    required under Article 50 of this Code. For any contracts
5    for services which are currently provided by members of a
6    collective bargaining agreement, the applicable terms of
7    the collective bargaining agreement concerning
8    subcontracting shall be followed.
9        On and after January 1, 2019, this paragraph (13),
10    except for this sentence, is inoperative.
11        (14) Contracts for participation expenditures required
12    by a domestic or international trade show or exhibition of
13    an exhibitor, member, or sponsor.
14        (15) Contracts with a railroad or utility that requires
15    the State to reimburse the railroad or utilities for the
16    relocation of utilities for construction or other public
17    purpose. Contracts included within this paragraph (15)
18    shall include, but not be limited to, those associated
19    with: relocations, crossings, installations, and
20    maintenance. For the purposes of this paragraph (15),
21    "railroad" means any form of non-highway ground
22    transportation that runs on rails or electromagnetic
23    guideways and "utility" means: (1) public utilities as
24    defined in Section 3-105 of the Public Utilities Act, (2)
25    telecommunications carriers as defined in Section 13-202
26    of the Public Utilities Act, (3) electric cooperatives as

 

 

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1    defined in Section 3.4 of the Electric Supplier Act, (4)
2    telephone or telecommunications cooperatives as defined in
3    Section 13-212 of the Public Utilities Act, (5) rural water
4    or waste water systems with 10,000 connections or less, (6)
5    a holder as defined in Section 21-201 of the Public
6    Utilities Act, and (7) municipalities owning or operating
7    utility systems consisting of public utilities as that term
8    is defined in Section 11-117-2 of the Illinois Municipal
9    Code.
10        (16) Procurement expenditures necessary for the
11    Department of Public Health to provide the delivery of
12    timely newborn screening services in accordance with the
13    Newborn Metabolic Screening Act.
14        (17) Procurement expenditures necessary for the
15    Department of Agriculture, the Department of Financial and
16    Professional Regulation, the Department of Human Services,
17    and the Department of Public Health to implement the
18    Compassionate Use of Medical Cannabis Program and Opioid
19    Alternative Pilot Program requirements and ensure access
20    to medical cannabis for patients with debilitating medical
21    conditions in accordance with the Compassionate Use of
22    Medical Cannabis Program Act.
23        (18) This Code does not apply to any procurements
24    necessary for the Department of Agriculture, the
25    Department of Financial and Professional Regulation, the
26    Department of Human Services, the Department of Commerce

 

 

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1    and Economic Opportunity, and the Department of Public
2    Health to implement the Cannabis Regulation and Tax Act if
3    the applicable agency has made a good faith determination
4    that it is necessary and appropriate for the expenditure to
5    fall within this exemption and if the process is conducted
6    in a manner substantially in accordance with the
7    requirements of Sections 20-160, 25-60, 30-22, 50-5,
8    50-10, 50-10.5, 50-12, 50-13, 50-15, 50-20, 50-21, 50-35,
9    50-36, 50-37, 50-38, and 50-50 of this Code; however, for
10    Section 50-35, compliance applies only to contracts or
11    subcontracts over $100,000. Notice of each contract
12    entered into under this paragraph (18) that is related to
13    the procurement of goods and services identified in
14    paragraph (1) through (9) of this subsection shall be
15    published in the Procurement Bulletin within 14 calendar
16    days after contract execution. The Chief Procurement
17    Officer shall prescribe the form and content of the notice.
18    Each agency shall provide the Chief Procurement Officer, on
19    a monthly basis, in the form and content prescribed by the
20    Chief Procurement Officer, a report of contracts that are
21    related to the procurement of goods and services identified
22    in this subsection. At a minimum, this report shall include
23    the name of the contractor, a description of the supply or
24    service provided, the total amount of the contract, the
25    term of the contract, and the exception to this Code
26    utilized. A copy of any or all of these contracts shall be

 

 

10100SB1863ham004- 135 -LRB101 10839 SMS 64633 a

1    made available to the Chief Procurement Officer
2    immediately upon request. The Chief Procurement Officer
3    shall submit a report to the Governor and General Assembly
4    no later than November 1 of each year that includes, at a
5    minimum, an annual summary of the monthly information
6    reported to the Chief Procurement Officer. This exemption
7    becomes inoperative 5 years after June 25, 2019 (the
8    effective date of Public Act 101-27) this amendatory Act of
9    the 101st General Assembly.
10    Notwithstanding any other provision of law, for contracts
11entered into on or after October 1, 2017 under an exemption
12provided in any paragraph of this subsection (b), except
13paragraph (1), (2), or (5), each State agency shall post to the
14appropriate procurement bulletin the name of the contractor, a
15description of the supply or service provided, the total amount
16of the contract, the term of the contract, and the exception to
17the Code utilized. The chief procurement officer shall submit a
18report to the Governor and General Assembly no later than
19November 1 of each year that shall include, at a minimum, an
20annual summary of the monthly information reported to the chief
21procurement officer.
22    (c) This Code does not apply to the electric power
23procurement process provided for under Section 1-75 of the
24Illinois Power Agency Act and Section 16-111.5 of the Public
25Utilities Act.
26    (d) Except for Section 20-160 and Article 50 of this Code,

 

 

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1and as expressly required by Section 9.1 of the Illinois
2Lottery Law, the provisions of this Code do not apply to the
3procurement process provided for under Section 9.1 of the
4Illinois Lottery Law.
5    (e) This Code does not apply to the process used by the
6Capital Development Board to retain a person or entity to
7assist the Capital Development Board with its duties related to
8the determination of costs of a clean coal SNG brownfield
9facility, as defined by Section 1-10 of the Illinois Power
10Agency Act, as required in subsection (h-3) of Section 9-220 of
11the Public Utilities Act, including calculating the range of
12capital costs, the range of operating and maintenance costs, or
13the sequestration costs or monitoring the construction of clean
14coal SNG brownfield facility for the full duration of
15construction.
16    (f) (Blank).
17    (g) (Blank).
18    (h) This Code does not apply to the process to procure or
19contracts entered into in accordance with Sections 11-5.2 and
2011-5.3 of the Illinois Public Aid Code.
21    (i) Each chief procurement officer may access records
22necessary to review whether a contract, purchase, or other
23expenditure is or is not subject to the provisions of this
24Code, unless such records would be subject to attorney-client
25privilege.
26    (j) This Code does not apply to the process used by the

 

 

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1Capital Development Board to retain an artist or work or works
2of art as required in Section 14 of the Capital Development
3Board Act.
4    (k) This Code does not apply to the process to procure
5contracts, or contracts entered into, by the State Board of
6Elections or the State Electoral Board for hearing officers
7appointed pursuant to the Election Code.
8    (k-5) This Code does not apply to the process to procure
9contracts or contracts entered into by the State Board of
10Elections for U.S. Census data collection and decennial
11redistricting pursuant to paragraph (18) of Section 1A-8 of the
12Election Code.
13    (l) This Code does not apply to the processes used by the
14Illinois Student Assistance Commission to procure supplies and
15services paid for from the private funds of the Illinois
16Prepaid Tuition Fund. As used in this subsection (l), "private
17funds" means funds derived from deposits paid into the Illinois
18Prepaid Tuition Trust Fund and the earnings thereon.
19(Source: P.A. 100-43, eff. 8-9-17; 100-580, eff. 3-12-18;
20100-757, eff. 8-10-18; 100-1114, eff. 8-28-18; 101-27, eff.
216-25-19; 101-81, eff. 7-12-19; 101-363, eff. 8-9-19; revised
229-17-19.)
 
23    Section 20. The Property Tax Code is amended by changing
24Section 3-70 as follows:
 

 

 

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1    (35 ILCS 200/3-70)
2    Sec. 3-70. Cessation of Township Assessor. If the office of
3Township Assessor in a coterminous, or substantially
4coterminous, township ceases as provided in Article 27, 28, or
529 Articles 27 and 28 of the Township Code, then the
6coterminous, or substantially coterminous, municipality shall
7assume the duties of the Township Assessor under this Code.
8(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
 
9    Section 25. The Township Code is amended by changing
10Sections 29-5, 29-10, 29-15, 29-20, and 29-25 and by adding
11Sections 29-30, 29-35 as follows:
 
12    (60 ILCS 1/29-5)
13    Sec. 29-5. Resolution or petition Resolutions to
14discontinue and abolish a township. Either the The township
15board or and the corporate authorities of a coterminous, or
16substantially coterminous, municipality may by resolution
17resolutions of the board or and corporate authorities, as
18applicable, and after referendum of the voters of the township
19and municipality: (1) discontinue and abolish the township; (2)
20transfer all the rights, powers, duties, assets, property,
21liabilities, obligations, and responsibilities of the township
22to the municipality; and (3) cease and dissolve all township
23road districts with the district's jurisdiction and authority
24transferred to the municipality upon the dissolution of the

 

 

10100SB1863ham004- 139 -LRB101 10839 SMS 64633 a

1township.
2    In the alternative, such a referendum may be initiated upon
3petition, filed with the clerk of the municipality, signed by
4registered voters within the township, or within areas within
5the municipality that are outside the township, that amount to
6at least 10% of the total number of votes cast for mayor in the
7last preceding election at which a mayor was elected. A
8signature on a petition shall not be valid or counted in
9considering the petition unless the form requirements are
10complied with and the date of each signature is less than 90
11days before the last day for filing the petition. The statement
12of the person who circulates the petition must include an
13attestation (i) indicating the dates on which that sheet was
14circulated, (ii) indicating the first and last date on which
15that sheet was circulated, or (iii) certifying that none of the
16signatures on the sheet were signed more than 90 days before
17the last day for filing the petition. The petition shall be
18treated and the proposition certified in the manner provided by
19the general election law. After the proposition has been
20submitted to the electorate by petition, the proposition shall
21not be resubmitted by petition for 4 years.
22(Source: P.A. 100-107, eff. 1-1-18.)
 
23    (60 ILCS 1/29-10)
24    Sec. 29-10. Notice.
25    (a) Before passing a resolution resolutions under Section

 

 

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129-5, the township board or and the corporate authorities of
2the municipality, as applicable, shall hold a public hearing
3hearings on the matter those matters after notice of the
4hearing has been published on the main page of the entity's
5website respective entities' websites, if any, and in a
6newspaper having general circulation in the township and
7municipality. The notice shall be published at least 30 days
8before the date of the hearing.
9    (b) Before a referendum is placed on the ballot under
10Section 29-15, the each township board or corporate
11authorities, as applicable, shall publish a copy of the
12resolution adopted or petition filed under Section 29-5 on the
13main page of the entity's website respective entities'
14websites, if any, and in a newspaper of general circulation in
15the township and municipality affected. The notice shall be
16published at least 30 days before the date of the general
17election in which the referendum will appear.
18    The Each township board or corporate authorities, as
19applicable, shall additionally mail a copy of the adopted
20resolution, along with a copy of the referendum language, the
21date the referendum will appear, and a list of all taxes levied
22in the affected townships, to every registered voter in the
23each township and municipality affected. The notice shall be
24mailed at least 30 days before the date of the election in
25which the referendum will appear.
26(Source: P.A. 100-107, eff. 1-1-18.)
 

 

 

10100SB1863ham004- 141 -LRB101 10839 SMS 64633 a

1    (60 ILCS 1/29-15)
2    Sec. 29-15. Referendum for cessation of township. Upon the
3adoption of a resolution or the filing of a petition
4resolutions under Section 29-5 by both the township and
5municipality, the township board or and corporate authorities
6of the municipality, as applicable, shall certify the question
7to the election authority and the authority shall cause to be
8submitted to the voters of the township and municipality at the
9next election a referendum to discontinue the township and to
10transfer all the rights, powers, duties, assets, property,
11liabilities, obligations, and responsibilities of the township
12to the municipality. The referendum shall be substantially in
13the following form:
14        Shall the Township of (name of township) cease?
15    The votes shall be recorded as "Yes" or "No". The
16referendum is approved when a majority of the voters, in both
17the township and municipality, approve the referendum.
18    If the referendum is approved, there shall be no further
19nominations or elections for clerks, assessors, collectors,
20highway commissioners, supervisors, or trustees of the
21township or highway commission, and the terms of all such
22officers currently serving shall continue until the third
23Monday of May of the year of the consolidated election in which
24township officials are elected next following the approval of a
25referendum under this Section.

 

 

10100SB1863ham004- 142 -LRB101 10839 SMS 64633 a

1(Source: P.A. 100-107, eff. 1-1-18.)
 
2    (60 ILCS 1/29-20)
3    Sec. 29-20. Cessation of township. On the third Monday in
4May in the year of the consolidated election in which township
5officials are elected next following the approval of a
6referendum under Section 29-15:
7        (1) the township is discontinued and abolished and all
8    the rights, powers, duties, assets, property, liabilities,
9    obligations, and responsibilities of the township shall
10    vest in and be assumed by the municipality, including the
11    authority to levy property taxes for township purposes in
12    the same manner as the dissolved township without an
13    additional ordinance, resolution, or referendum;
14        (2) all township officers shall cease to hold office;
15        (3) the municipality shall exercise all duties and
16    responsibilities of the township officers as provided in
17    the Township Code, the Illinois Public Aid Code, the
18    Property Tax Code, and the Illinois Highway Code, as
19    applicable. The municipality may enter into an
20    intergovernmental agreement with the county or the State to
21    administer the duties and responsibilities of the township
22    officers for services under its jurisdiction; and
23        (4) any road district located within the township is
24    abolished and its jurisdiction, rights, powers, duties,
25    assets, property, liabilities, obligations, and

 

 

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1    responsibilities shall vest in and be assumed by the
2    municipality and the highway commissioner of the abolished
3    road district shall cease to hold office. The corporate
4    authorities of the municipality shall: exercise the taxing
5    authority of a road district abolished under this Section;
6    exercise all duties and responsibilities of the highway
7    commissioner as provided in the Illinois Highway Code; and
8    for purposes of distribution of revenue, assume the powers,
9    duties, and obligations of the road district in the
10    discontinued township. The corporate authorities of a
11    municipality may enter into an intergovernmental agreement
12    or a contract with the county, another municipality, or a
13    private contractor to administer the roads which were under
14    the jurisdiction of the abolished road district.
15(Source: P.A. 100-107, eff. 1-1-18.)
 
16    (60 ILCS 1/29-25)
17    Sec. 29-25. Business, records, and property of
18discontinued township. The records of a township discontinued
19under this Article shall be deposited in the municipality's
20city clerk's office of the clerk of the municipality. The
21municipality may close up all unfinished business of the
22township and sell and dispose of any of the property belonging
23to the township for benefit of the inhabitants of the
24municipality.
25(Source: P.A. 100-107, eff. 1-1-18.)
 

 

 

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1    (60 ILCS 1/29-30 new)
2    Sec. 29-30. Taxation. Notwithstanding any provision of law
3to the contrary, no tax rate may be extended for any fund of
4the township for the first levy year following the referendum
5approving discontinuance under Section 29-15 that exceeds any
6statutory maximum set forth for that fund, unless the
7referendum also conforms to the requirements of the Property
8Tax Extension Limitation Law or other statutory provision
9setting forth that limitation.
 
10    (60 ILCS 1/29-35 new)
11    Sec. 29-35. Contracts; tax levies.
12    (a) The township, or any township official, division, or
13commission, may not enter into, renew, or extend a contract
14beyond the date of discontinuance of the township.
15    (b) The township, or any township official, division, or
16commission, may not enter into, renew, or extend a contract,
17bond, or other expenditure that would increase the indebtedness
18of the township to an amount greater than the amount of
19indebtedness on the date the referendum passed under Section
2029-15.
21    (c) The township may not enact any additional tax levies on
22or after the date the referendum passed under Section 29-15.
23    (d) Notwithstanding subsections (a), (b), and (c), the
24township board may approve contracts and expenses for emergency

 

 

10100SB1863ham004- 145 -LRB101 10839 SMS 64633 a

1purposes to protect the life, health, or safety of its
2residents.
 
3    (60 ILCS 1/Art. 90 rep.)
4    Section 30. The Township Code is amended by repealing the
5heading of Article 90.
 
6    Section 35. The Illinois Public Aid Code is amended by
7changing Section 12-3.1 as follows:
 
8    (305 ILCS 5/12-3.1)
9    Sec. 12-3.1. Discontinuance of a coterminous, or
10substantially coterminous, township. Upon discontinuance of a
11coterminous, or substantially coterminous, township under
12Article 27, 28, or 29 Articles 27 and 28 of the Township Code,
13the coterminous, or substantially coterminous, municipality
14shall provide funds for and administer the public aid program
15provided for under Article VI of this Code.
16(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".