093_HB0114

 
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 1        AN ACT concerning the use of mail-in ballots  in  certain
 2    elections.

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

 5        Section 5. The  Election  Code  is  amended  by  changing
 6    Sections  4-11,  11-7,  12-1, 12-4, 13-1, 13-2, 14-1, 14-3.1,
 7    16-5, 17-1, 24A-6,  and  24B-6  and  adding  Article  19A  as
 8    follows:

 9        (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
10        Sec.  4-11.  Subject to the provisions of Article 19A, at
11    least 2 weeks prior to the general November election in  each
12    even  numbered  year  and  the  consolidated election in each
13    odd-numbered year the county clerk shall cause a list  to  be
14    made  for  each  precinct  of all names upon the registration
15    record cards not marked or  erased,  in  alphabetical  order,
16    with  the  address,  provided, that such list may be arranged
17    geographically, by street and  number,  in  numerical  order,
18    with  respect to all precincts in which all, or substantially
19    all residences of voters therein shall be  located  upon  and
20    numbered  along  streets,  avenues, courts, or other highways
21    which are either named or numbered, upon direction either  of
22    the  county  board or of the circuit court.  On the list, the
23    county clerk shall indicate, by italics, asterisk,  or  other
24    means, the names of all persons who have registered since the
25    last   regularly   scheduled  election  in  the  consolidated
26    schedule of elections established in Section 2A-1.1  of  this
27    Act.  The  county clerk shall cause such precinct lists to be
28    printed or typed in sufficient numbers to meet all reasonable
29    demands, and upon application a copy of  the  same  shall  be
30    given  to  any  person  applying therefor.  By such time, the
31    county clerk shall give the precinct lists to the chairman of
 
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 1    a county central committee of an established political party,
 2    as such party is defined in Section 10-2 of this Act,  or  to
 3    the  chairman's  duly  authorized  representative.  Within 30
 4    days of the effective date of this Amendatory  Act  of  1983,
 5    the county clerk shall give the precinct lists compiled prior
 6    to  the  general November election of 1982 to the chairman of
 7    county central committee of an established political party or
 8    to the chairman's duly authorized representative.
 9        Prior to the opening of the polls  for  other  elections,
10    the  county  clerk shall transmit or deliver to the judges of
11    election of each polling place a corrected list of registered
12    voters in the precinct, or the names of persons added to  and
13    erased  or  withdrawn  from  the  list for such precinct.  At
14    other times such list, currently  corrected,  shall  be  kept
15    available  for  public inspection in the office of the county
16    clerk.
17        Within 60 days after each  general  election  the  county
18    clerk shall indicate by italics, asterisk, or other means, on
19    the   list  of  registered  voters  in  each  precinct,  each
20    registrant who voted at  that  general  election,  and  shall
21    provide  a  copy  of  such list to the chairman of the county
22    central committee of each established political party  or  to
23    the chairman's duly authorized representative.
24        Within   60   days  after  the  effective  date  of  this
25    amendatory Act of 1983, the county clerk  shall  indicate  by
26    italics,  asterisk, or other means, on the list of registered
27    voters in each precinct, each registrant  who  voted  at  the
28    general  election  of  1982, and shall provide a copy of such
29    coded list to the chairman of the county central committee of
30    each established political party or to  the  chairman's  duly
31    authorized representative.
32        The county clerk may charge a fee to reimburse the actual
33    cost  of  duplicating    each  copy  of a list provided under
34    either of the 2 preceding paragraphs.
 
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 1    (Source: P.A. 90-358, eff. 1-1-98.)

 2        (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
 3        Sec. 11-7.   For  the  purpose  of  the  conduct  of  any
 4    consolidated election, consolidated primary election, special
 5    municipal   primary  election  or  emergency  referendum,  an
 6    election  authority  may  cluster  up  to   four   contiguous
 7    precincts as provided in this Section, which shall constitute
 8    a  clustered  voting  zone.  The common polling place for the
 9    clustered voting zone shall be located within  the  territory
10    comprising  the  clustered  precincts.   Unless  the election
11    authority specifies a larger number, only one election  judge
12    shall  be  appointed  for  each  of  the  precincts  in  each
13    clustered  voting  zone. The use of clustered voting zones in
14    consolidated elections shall be subject to the provisions  of
15    Article 19A regarding mail-in ballots.
16        The  judges  so  appointed may not all be affiliated with
17    the same political party.
18        The conduct of an election in  a  clustered  voting  zone
19    shall  be  under the general supervision of all the judges of
20    election designated to serve in the  clustered  voting  zone.
21    The  designated  judges  may  perform  the duties of election
22    judges for the entire clustered  voting  zone.  However,  the
23    requirements   of   Section   17-14   shall  apply  to  voter
24    assistance, the requirements of Section 24-10 shall apply  to
25    voter  instruction,  the  requirement of Section 24A-10 shall
26    apply to examination of absentee ballots, and any disputes as
27    to entitlement to vote, challenges, counting  of  ballots  or
28    other  matters pertaining directly to voting shall be decided
29    by those designated judges  appointed  for  the  precinct  in
30    which  the  affected voter resides or the disputed vote is to
31    be counted.
32        This  Section  does  not  apply  to  any   elections   in
33    municipalities with more than 1,000,000 inhabitants.
 
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 1    (Source: P.A. 90-358, eff. 1-1-98.)

 2        (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
 3        Sec.  12-1.   At  least 60 days prior to each general and
 4    consolidated election, the election authority  shall  provide
 5    public  notice,  calculated  to reach elderly and handicapped
 6    voters, of the availability of registration and  voting  aids
 7    under  the  Federal  Voting Accessibility for the Elderly and
 8    Handicapped Act, of the availability of assistance in marking
 9    the ballot, the  procedures  for  using  mail-in  ballots  in
10    elections  subject  to Article 19A, and procedures for voting
11    by absentee ballot.
12        At least 30 days before  any  general  election,  and  at
13    least  20 days before any special congressional election, the
14    county clerk shall publish a notice of the election in  2  or
15    more  newspapers  published  in  the  county,  city, village,
16    incorporated town or town, as the case may be, or if there is
17    no such newspaper, then in any 2 or more newspapers published
18    in the county and having a general circulation throughout the
19    community. The notice may be substantially as follows:
20        Notice is hereby given that on (give date), at (give  the
21    place of holding the election and the name of the precinct or
22    district) in the county of (name county), an election will be
23    held  for  (give  the  title  of  the  several  offices to be
24    filled), which  election  will  be  open  at  6:00  a.m.  and
25    continued open until 7:00 p.m. of that day.
26        Dated  at  ....  on (insert date). this .... day of ....,
27    19...
28    (Source: P.A. 90-358, eff. 1-1-98; 91-357, eff. 7-29-99.)

29        (10 ILCS 5/12-4) (from Ch. 46, par. 12-4)
30        Sec. 12-4. Not more than 30 nor less than 10  days  prior
31    to  the  date  of  the  consolidated election and nonpartisan
32    elections, each election authority shall  publish  notice  of
 
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 1    the  election of officers of each political subdivision to be
 2    conducted in his or its jurisdiction on such  election  date.
 3    The notice of election shall be published once in one or more
 4    newspapers  published  in  each political subdivision, and if
 5    there is no such newspaper, then published once in  a  local,
 6    community   newspaper   having  general  circulation  in  the
 7    subdivision, and also once in a newspaper  published  in  the
 8    county   wherein   the  political  subdivisions  or  portions
 9    thereof, having such elections are situated.
10        The notice shall be substantially in the form  prescribed
11    in  Section  12-1,  and may include notice of the location of
12    the precincts and polling places within or including part  of
13    the  political  subdivision  in  which  the election is to be
14    conducted, and the procedures for using  mail-in  ballots  in
15    consolidated elections subject to Article 19A.
16        Not  less  than  10  days  before each such election, the
17    election authority shall publish notice of the precincts  and
18    the location of the polling places where the election will be
19    conducted  for  political  subdivisions  wholly  or partially
20    within its jurisdiction.  The election authority shall  cause
21    publication  in  the  manner  heretofore  prescribed  for the
22    notice of election.
23    (Source: P.A. 81-963.)

24        (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
25        Sec. 13-1.  In counties not under township  organization,
26    the county board of commissioners shall at its meeting in May
27    in  each even-numbered year appoint in each election precinct
28    5 capable and discreet persons meeting the qualifications  of
29    Section  13-4  to be judges of election. Where neither voting
30    machines  nor  electronic,  mechanical  or  electric   voting
31    systems are used, the county board may, for any precinct with
32    respect to which the board considers such action necessary or
33    desirable  in  view  of  the  number of voters, and shall for
 
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 1    general elections for any precinct containing more  than  600
 2    registered  voters,  appoint  in  addition to the 5 judges of
 3    election a team of 5 tally  judges.  In  such  precincts  the
 4    judges of election shall preside over the election during the
 5    hours  the  polls  are  open,  and the tally judges, with the
 6    assistance of the  holdover  judges  designated  pursuant  to
 7    Section 13-6.2, shall count the vote after the closing of the
 8    polls. However, the County Board of Commissioners may appoint
 9    3  judges  of  election  to  serve in lieu of the 5 judges of
10    election otherwise required by this Section to serve  in  any
11    emergency  referendum, or in any odd-year regular election or
12    in any special primary or special  election  called  for  the
13    purpose  of filling a vacancy in the office of representative
14    in the United States Congress or to nominate  candidates  for
15    such  purpose.  If a consolidated election is conducted under
16    Article 19A, the County Board of Commissioners shall  appoint
17    a  team of 5 tally judges to serve in lieu of the 5 judges of
18    election otherwise required by this Section. The tally judges
19    shall possess the same qualifications and shall be  appointed
20    in  the  same  manner  and  with  the  same  division between
21    political parties as is provided for judges of election.
22        In addition to such precinct judges, the county board  of
23    commissioners  shall appoint special panels of 3 judges each,
24    who shall  possess  the  same  qualifications  and  shall  be
25    appointed  in  the  same  manner  and  with the same division
26    between political parties as is provided for other judges  of
27    election.  The number of such panels of judges required shall
28    be determined by regulations of the State Board of  Elections
29    which  shall  base  the required numbers of special panels on
30    the number of registered voters in the  jurisdiction  or  the
31    number  of absentee ballots voted at recent elections, or any
32    combination of such factors.
33        Such appointment shall  be  confirmed  by  the  court  as
34    provided  in  Section  13-3  of  this Article. No more than 3
 
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 1    persons of the same political party shall be appointed judges
 2    of the same election precinct or election  judge  panel.  The
 3    appointment shall be made in the following manner: The county
 4    board  of commissioners shall select and approve 3 persons as
 5    judges of election in each election precinct from a certified
 6    list,  furnished  by  the  chairman  of  the  County  Central
 7    Committee of  the  first  leading  political  party  in  such
 8    precinct;  and  the  county board of commissioners shall also
 9    select and approve 2 persons as judges of  election  in  each
10    election  precinct  from  a  certified list, furnished by the
11    chairman of  the  County  Central  Committee  of  the  second
12    leading  political  party.  However,  if  only  3  judges  of
13    election  serve  in  each  election  precinct, no more than 2
14    persons of the  same  political  party  shall  be  judges  of
15    election  in  the same election precinct; and which political
16    party is entitled to 2 judges of election and which political
17    party  is  entitled  to  one  judge  of  election  shall   be
18    determined  in  the  same manner as set forth in the next two
19    preceding sentences with regard to 5 election judges in  each
20    precinct.  Such certified list shall be filed with the county
21    clerk  not less than 10 days before the annual meeting of the
22    county board of commissioners. Such list  shall  be  arranged
23    according  to  precincts. The chairman of each county central
24    committee shall, insofar as possible, list persons who reside
25    within the precinct in which they are  to  serve  as  judges.
26    However,  he may, in his sole discretion, submit the names of
27    persons who reside outside the precinct but within the county
28    embracing the precinct in which they are to serve.  He  must,
29    however,  submit  the  names  of  at least 2 residents of the
30    precinct for each precinct in which his party is  to  have  3
31    judges  and  must submit the name of at least one resident of
32    the precinct for each precinct in which his party is to  have
33    2 judges. The county board of commissioners shall acknowledge
34    in  writing  to each county chairman the names of all persons
 
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 1    submitted on such certified list  and  the  total  number  of
 2    persons listed thereon. If no such list is filed or such list
 3    is incomplete (that is, no names or an insufficient number of
 4    names  are  furnished  for  certain  election precincts), the
 5    county board of commissioners shall  make  or  complete  such
 6    list  from  the  names  contained  in  the  supplemental list
 7    provided for in Section 13-1.1.  The  election  judges  shall
 8    hold  their  office  for  2 years from their appointment, and
 9    until their successors  are  duly  appointed  in  the  manner
10    provided in this Act. The county board of commissioners shall
11    fill  all vacancies in the office of judge of election at any
12    time in the manner provided in this Act.
13    (Source: P.A. 91-352, eff. 1-1-00.)

14        (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
15        Sec. 13-2.  In counties under the  township  organization
16    the  county  board  shall  at  its  meeting  in  May  in each
17    even-numbered year except in counties containing a population
18    of 3,000,000 inhabitants or over and except when such  judges
19    are  appointed  by  election  commissioners,  select  in each
20    election precinct in  the  county,  5  capable  and  discreet
21    persons  to  be  judges  of  election  who  shall possess the
22    qualifications required by this Act for  such  judges.  Where
23    neither   voting   machines  nor  electronic,  mechanical  or
24    electric voting systems are used, the county board  may,  for
25    any  precinct  with respect to which the board considers such
26    action necessary or  desirable  in  view  of  the  number  of
27    voters,  and  shall  for  general  elections for any precinct
28    containing  more  than  600  registered  voters,  appoint  in
29    addition to the 5 judges  of  election  a  team  of  5  tally
30    judges.  In  such  precincts  the  judges  of  election shall
31    preside over the election during  the  hours  the  polls  are
32    open,  and  the  tally  judges,  with  the  assistance of the
33    holdover judges designated pursuant to Section 13-6.2,  shall
 
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 1    count  the  vote  after  the  closing of the polls. The tally
 2    judges shall possess the same  qualifications  and  shall  be
 3    appointed  in  the  same  manner  and  with the same division
 4    between political  parties  as  is  provided  for  judges  of
 5    election.
 6        However,  the  county  board  may  appoint  3  judges  of
 7    election  to  serve  in  lieu  of  the  5  judges of election
 8    otherwise required by this Section to serve in any  emergency
 9    referendum,  or  in  any  odd-year regular election or in any
10    special primary or special election called for the purpose of
11    filling a vacancy in the  office  of  representative  in  the
12    United  States  Congress  or  to nominate candidates for such
13    purpose.
14        If a consolidated election  is  conducted  under  Article
15    19A,  the county board shall appoint a team of 5 tally judges
16    to serve in lieu  of  the  5  judges  of  election  otherwise
17    required by this Section.
18        In  addition  to  such  precinct judges, the county board
19    shall appoint special panels of  3  judges  each,  who  shall
20    possess the same qualifications and shall be appointed in the
21    same  manner  and  with  the  same division between political
22    parties as is provided for  other  judges  of  election.  The
23    number  of such panels of judges required shall be determined
24    by regulations of the State Board of Elections,  which  shall
25    base  the  required number of special panels on the number of
26    registered voters  in  the  jurisdiction  or  the  number  of
27    absentee ballots voted at recent elections or any combination
28    of such factors.
29        No  more than 3 persons of the same political party shall
30    be  appointed  judges  in  the  same  election  district   or
31    undivided precinct. The election of the judges of election in
32    the various election precincts shall be made in the following
33    manner:  The  county  board shall select and approve 3 of the
34    election judges  in  each  precinct  from  a  certified  list
 
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 1    furnished  by the chairman of the County Central Committee of
 2    the first leading political party in such  election  precinct
 3    and  shall  also  select  and approve 2 judges of election in
 4    each election precinct from a certified list furnished by the
 5    chairman of  the  County  Central  Committee  of  the  second
 6    leading  political  party in such election precinct. However,
 7    if only 3 judges of election serve in each election precinct,
 8    no more than 2 persons of the same political party  shall  be
 9    judges  of  election in the same election precinct; and which
10    political party is entitled to 2 judges of election and which
11    political party is entitled to one judge of election shall be
12    determined in the same manner as set forth in  the  next  two
13    preceding  sentences with regard to 5 election judges in each
14    precinct.  The respective County Central  Committee  chairman
15    shall  notify the county board by June 1 of each odd-numbered
16    year immediately preceding the annual meeting of  the  county
17    board  whether  or  not  such certified list will be filed by
18    such chairman. Such  list  shall  be  arranged  according  to
19    precincts.  The  chairman  of  each  county central committee
20    shall, insofar as possible, list persons  who  reside  within
21    the  precinct  in which they are to serve as judges. However,
22    he may, in his sole discretion, submit the names  of  persons
23    who  reside  outside  the  precinct  but  within  the  county
24    embracing  the  precinct in which they are to serve. He must,
25    however, submit the names of at  least  2  residents  of  the
26    precinct  for  each  precinct in which his party is to have 3
27    judges and must submit the name of at least one  resident  of
28    the  precinct for each precinct in which his party is to have
29    2 judges. Such certified list, if filed, shall be filed  with
30    the  county  clerk  not  less  than 20 days before the annual
31    meeting  of  the  county  board.  The  county   board   shall
32    acknowledge  in  writing to each county chairman the names of
33    all persons submitted on such certified list  and  the  total
34    number of persons listed thereon. If no such list is filed or
 
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 1    the  list is incomplete (that is, no names or an insufficient
 2    number  of  names  are   furnished   for   certain   election
 3    precincts), the county board shall make or complete such list
 4    from  the  names  contained in the supplemental list provided
 5    for in Section 13-1.1. Provided, further, that  in  any  case
 6    where  a township has been or shall be redistricted, in whole
 7    or in part, subsequent to one general election for  Governor,
 8    and  prior to the next, the judges of election to be selected
 9    for all new or altered precincts shall be  selected  in  that
10    one  of the methods above detailed, which shall be applicable
11    according to the facts and circumstances  of  the  particular
12    case,  but the majority of such judges for each such precinct
13    shall be selected from the first leading political party, and
14    the minority judges from the second leading political  party.
15    Provided,  further,  that  in counties having a population of
16    1,000,000 inhabitants or over  the  selection  of  judges  of
17    election  shall be made in the same manner in all respects as
18    in other counties, except that  the  provisions  relating  to
19    tally  judges  are  inapplicable  to such counties and except
20    that the county board shall meet during the month of  January
21    for  the purpose of making such selection and the chairman of
22    each county central committee shall notify the  county  board
23    by  the preceding October 1 whether or not the certified list
24    will be filed. Such  judges  of  election  shall  hold  their
25    office  for  2  years  from their appointment and until their
26    successors are duly appointed in the manner provided in  this
27    Act.  The county board shall fill all vacancies in the office
28    of judges of elections at  any  time  in  the  manner  herein
29    provided.
30        Such  selections under this Section shall be confirmed by
31    the circuit  court  as  provided  in  Section  13-3  of  this
32    Article.
33    (Source: P.A. 91-352, eff. 1-1-00.)
 
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 1        (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
 2        Sec.  14-1.  (a)  The  board  of  election  commissioners
 3    established  or  existing  under Article 6 shall, at the time
 4    and in the manner provided  in  Section  14-3.1,  select  and
 5    choose  5  persons,  men  or women, as judges of election for
 6    each precinct in such city, village or incorporated town.
 7        Where neither voting machines nor electronic,  mechanical
 8    or  electric  voting  systems are used, the board of election
 9    commissioners may, for any precinct with respect to which the
10    board considers such action necessary or desirable in view of
11    the number of voters, and shall for general elections for any
12    precinct containing more than 600 registered voters,  appoint
13    in  addition  to  the  5 judges of election a team of 5 tally
14    judges. In  such  precincts  the  judges  of  election  shall
15    preside  over  the  election  during  the hours the polls are
16    open, and the  tally  judges,  with  the  assistance  of  the
17    holdover  judges designated pursuant to Section 14-5.2, shall
18    count the vote after the closing  of  the  polls.  The  tally
19    judges  shall  possess  the  same qualifications and shall be
20    appointed in the same  manner  and  with  the  same  division
21    between  political  parties  as  is  provided  for  judges of
22    election.  The   foregoing   provisions   relating   to   the
23    appointment of tally judges are inapplicable in counties with
24    a population of 1,000,000 or more.
25        If  a  consolidated  election  is conducted under Article
26    19A, the board of election commissioners shall appoint a team
27    of 5 tally judges to  serve  in  lieu  of  the  5  judges  of
28    election otherwise required by this Section.
29        (b)  To qualify as judges the persons must:
30             (1)  be citizens of the United States;
31             (2)  be of good repute and character;
32             (3)  be  able  to  speak, read and write the English
33        language;
34             (4)  be  skilled  in  the  4  fundamental  rules  of
 
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 1        arithmetic;
 2             (5)  be of good understanding and capable;
 3             (6)  not  be  candidates  for  any  office  at   the
 4        election and not be elected committeemen;
 5             (7)  reside  and be entitled to vote in the precinct
 6        in which they are selected to serve, except that in  each
 7        precinct  not  more  than  one judge of each party may be
 8        appointed from  outside  such  precinct.   Any  judge  so
 9        appointed  to  serve  in  any precinct in which he is not
10        entitled to vote  must  be  entitled  to  vote  elsewhere
11        within the county which encompasses the precinct in which
12        such  judge  is  appointed  and such judge must otherwise
13        meet the qualifications of this Section.
14        (c)  An election authority may  establish  a  program  to
15    permit  a  person who is not entitled to vote to be appointed
16    as an election judge if, as of the date of  the  election  at
17    which the person serves as a judge, he or she:
18             (1)  is a U.S. citizen;
19             (2)  is  a  senior  in  good  standing enrolled in a
20        public or private secondary school;
21             (3)  has a cumulative grade point average equivalent
22        to at least 3.0 on a 4.0 scale;
23             (4)  has the written approval of  the  principal  of
24        the  secondary  school  he  or she attends at the time of
25        appointment;
26             (5)  has the written approval of his or  her  parent
27        or legal guardian;
28             (6)  has   satisfactorily   completed  the  training
29        course for  judges  of  election  described  in  Sections
30        13-2.1, 13-2.2, and 14-4.1; and
31             (7)  meets  all other qualifications for appointment
32        and service as an election judge.
33        No more than one election  judge  qualifying  under  this
34    subsection  may serve per political party per precinct. Prior
 
                            -14-     LRB093 02621 JAM 02631 b
 1    to appointment, a judge qualifying under this subsection must
 2    certify in writing to the election  authority  the  political
 3    party the judge chooses to affiliate with.
 4        Students   appointed   as   election  judges  under  this
 5    subsection shall not be counted as absent from school on  the
 6    day they serve as judges.
 7        (d)  The  board  of  election  commissioners may select 2
 8    additional judges of election, one from  each  of  the  major
 9    political  parties,  for  each 200 voters in excess of 600 in
10    any precinct having more than 600  voters  as  authorized  by
11    Section   11--3.   These  additional  judges  must  meet  the
12    qualifications prescribed in this Section.
13    (Source: P.A. 91-352, eff. 1-1-00.)

14        (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
15        Sec. 14-3.1. The board of election  commissioners  shall,
16    during  the  month  of May of each even-numbered year, select
17    for each election precinct within  the  jurisdiction  of  the
18    board  5  persons  to be judges of election who shall possess
19    the qualifications required by this Act for such judges.  The
20    selection  shall  be  made  by  a  county  board  of election
21    commissioners in the following manner:  the county  board  of
22    election  commissioners shall select and approve 3 persons as
23    judges of election in each election precinct from a certified
24    list  furnished  by  the  chairman  of  the  county   central
25    committee  of  the  first  leading  political  party  in that
26    precinct; the county board  of  election  commissioners  also
27    shall  select  and approve 2 persons as judges of election in
28    each election precinct from a certified list furnished by the
29    chairman of  the  county  central  committee  of  the  second
30    leading political party in that precinct.  The selection by a
31    municipal  board  of  election commissioners shall be made in
32    the following manner: for each precinct, 3  judges  shall  be
33    selected  from one of the 2 leading political parties and the
 
                            -15-     LRB093 02621 JAM 02631 b
 1    other 2 judges shall  be  selected  from  the  other  leading
 2    political  party;   the  parties  entitled to 3 and 2 judges,
 3    respectively, in the several precincts shall be determined as
 4    provided in Section  14-4.   However,  a  Board  of  Election
 5    Commissioners  may  appoint three judges of election to serve
 6    in lieu of the 5 judges of  election  otherwise  required  by
 7    this  Section to serve in any emergency referendum, or in any
 8    odd-year regular  election  or  in  any  special  primary  or
 9    special  election called for the purpose of filling a vacancy
10    in the office of representative in the United States Congress
11    or to nominate candidates for such purpose.
12        If a consolidated election  is  conducted  under  Article
13    19A,  a  Board of Election Commissioners shall appoint a team
14    of 5 tally judges to  serve  in  lieu  of  the  5  judges  of
15    election otherwise required by this Section.
16        If  only  3  judges  of  election  serve in each election
17    precinct, no more than 2 persons of the same political  party
18    shall  be  judges  of election in the same election precinct,
19    and which political party is entitled to 2 judges of election
20    and which  political  party  is  entitled  to  one  judge  of
21    election shall be determined as set forth in this Section for
22    a  county  board  of  election  commissioners' selection of 5
23    election judges in each precinct or in  Section  14-4  for  a
24    municipal  board  of  election  commissioners'  selection  of
25    election  judges  in each precinct, whichever is appropriate.
26    In addition to such precinct judges, the  board  of  election
27    commissioners  shall appoint special panels of 3 judges each,
28    who shall  possess  the  same  qualifications  and  shall  be
29    appointed  in  the  same  manner  and  with the same division
30    between political parties as is provided for other judges  of
31    election.  The number of such panels of judges required shall
32    be determined by regulation of the State Board of  Elections,
33    which shall base the required number of special panels on the
34    number of registered voters in the jurisdiction or the number
 
                            -16-     LRB093 02621 JAM 02631 b
 1    of   absentee  ballots  voted  at  recent  elections  or  any
 2    combination of such factors.  A municipal board  of  election
 3    commissioners  shall make the selections of persons qualified
 4    under Section 14-1 from  certified  lists  furnished  by  the
 5    chairman of the respective county central committees of the 2
 6    leading  political  parties.   Lists furnished by chairmen of
 7    county  central  committees  under  this  Section  shall   be
 8    arranged  according to precincts. The chairman of each county
 9    central committee shall, insofar as  possible,  list  persons
10    who  reside within the precinct in which they are to serve as
11    judges. However, he may, in his sole discretion,  submit  the
12    names  of  persons who reside outside the precinct but within
13    the county embracing the precinct in which they are to serve.
14    He must, however, submit the names of at least 2 residents of
15    the precinct for each precinct in which his party is to  have
16    3 judges and must submit the name of at least one resident of
17    the  precinct for each precinct in which his party is to have
18    2 judges. The board of election commissioners shall no  later
19    than  March  1 of each even-numbered year notify the chairmen
20    of  the  respective  county  central  committees   of   their
21    responsibility  to furnish such lists, and each such chairman
22    shall furnish the board of election  commissioners  with  the
23    list  for  his party on or before May 1 of each even-numbered
24    year. The board of election commissioners  shall  acknowledge
25    in  writing  to each county chairman the names of all persons
26    submitted on such certified list  and  the  total  number  of
27    persons listed thereon. If no such list is furnished or if no
28    names  or  an  insufficient number of names are furnished for
29    certain precincts, the board of election commissioners  shall
30    make  or  complete  such list from the names contained in the
31    supplemental list provided for in Section 14-3.2.  Judges  of
32    election  shall  hold  their  office  for  2 years from their
33    appointment and until their successors are duly appointed  in
34    the   manner   herein   provided.   The   board  of  election
 
                            -17-     LRB093 02621 JAM 02631 b
 1    commissioners shall, subject to  the  provisions  of  Section
 2    14-3.2,  fill  all  vacancies  in  the  office  of  judges of
 3    election at any time in the manner herein provided.
 4        Such selections under this Section shall be confirmed  by
 5    the court as provided in Section 14-5.
 6    (Source: P.A. 89-471, eff. 6-13-96.)

 7        (10 ILCS 5/16-5) (from Ch. 46, par. 16-5)
 8        Sec.  16-5.   For  all  elections  to  which this Article
 9    applies, the county clerks,  in  their  respective  counties,
10    shall  have  charge  of  the  printing of the ballots for all
11    elections, including referenda, and shall furnish them to the
12    judges of election. In municipalities and counties  having  a
13    board of election commissioners, such board shall have charge
14    of the printing of the ballots and furnish them to the judges
15    of  election  within  the territory under their jurisdiction.
16    Ballots shall be printed and in possession of the  respective
17    election  authorities  at least two days before each election
18    and subject to the inspection of candidates and their agents;
19    if any mistakes be discovered they shall be corrected without
20    delay.  If  a  consolidated  election  is  subject   to   the
21    provisions  of  Article  19A,  however,  the ballots shall be
22    furnished to the election authority prior  to  the  time  the
23    ballots  are  to  be  mailed  to  the  voters.  The  election
24    authority  shall  cause  to  be  delivered  to  the judges of
25    election at the polling place of each precinct  or  district,
26    not  less  than twelve hours before the time fixed by law for
27    the opening of the polls therein, at least 10%  more  ballots
28    of the kind to be voted in such precinct or district than the
29    number  of voters registered therein for the purposes of such
30    election, such ballots shall be put  up  in  separate  sealed
31    packages,  with  marks on the outside clearly designating the
32    polling place for which they are intended and the  number  of
33    ballots  enclosed, and receipt therefor shall be given by the
 
                            -18-     LRB093 02621 JAM 02631 b
 1    judges of election to whom they are delivered, which  receipt
 2    shall  be  preserved  by the election authority. The election
 3    authority shall provide and retain at  its  office  an  ample
 4    supply  of  ballots,  in addition to those distributed to the
 5    several voting precincts or districts, and if at any time  on
 6    or  before  the  day of election the ballots furnished to any
 7    precinct shall be lost, destroyed  or  exhausted  before  the
 8    polls are closed, on written application signed by a majority
 9    of  the  judges  he  or  they  shall  immediately cause to be
10    delivered  to  such  judges  at  the  polling   place,   such
11    additional   supply   of  ballots  as  may  be  required  and
12    sufficient to comply with the provisions of this Act.
13        If a consolidated election is subject to  the  provisions
14    of  Article  19A, the election authority shall, not more than
15    40 nor less than 5 days before the date of the election, mail
16    a ballot to each registered voter.
17    (Source: P.A. 80-1469.)

18        (10 ILCS 5/17-1) (from Ch. 46, par. 17-1)
19        Sec.  17-1.   Except  for  the   consolidated   elections
20    conducted under Article 19A, the polls shall be opened at the
21    hour  of 6:00 a.m.  and continued open until 7:00 p.m. of the
22    same day, at which time the polls shall be closed; but if the
23    judges shall not attend at the hour of  six  o'clock  in  the
24    morning, or if it shall be necessary for the electors present
25    to   appoint  judges  to  conduct  the  election,  as  herein
26    prescribed, the polls may, in that case,  be  opened  at  any
27    hour  before  the  time for closing the same shall arrive, as
28    the case may require. The  State  Board  of  Elections  shall
29    adopt rules for the conduct of elections under Article 19A.
30    (Source: P.A. 81-850; 81-1149.)

31        (10 ILCS 5/Art.19A heading new)
32        Article 19A.  MAIL-IN BALLOTS FOR CONSOLIDATED ELECTIONS
 
                            -19-     LRB093 02621 JAM 02631 b
 1        (10 ILCS 5/19A-5 new)
 2        Sec.  19A-5.  Voting  in  consolidated  elections. In the
 3    year 2005, any qualified elector of  the  State  of  Illinois
 4    having  duly  registered  where  registration is required may
 5    vote at the consolidated election for the offices  listed  in
 6    subsection  (c)  of  Section 2A-1.2 through ballots mailed to
 7    the voter and returned to the proper  election  authority  by
 8    mail.
 9        Each  election authority shall compile and keep current a
10    list of voters who are eligible to vote under  this  Article.
11    The  list  shall  include  the  last  mailing address of each
12    voter.

13        (10 ILCS 5/19A-10 new)
14        Sec. 19A-10.  Time for mailing  ballots.   Each  election
15    authority,  not  more than 40 nor less than 5 days before the
16    consolidated election held in  April  of  2005,  shall  mail,
17    postage  prepaid, an official ballot, or ballots if more than
18    one are to be voted at the election, to each registered voter
19    eligible to vote under this Article.  The ballot  or  ballots
20    shall  be  mailed  to  each  voter's last mailing address and
21    shall  be  marked  "DO  NOT  FORWARD  -  ADDRESS   CORRECTION
22    REQUESTED"   or  any  other  similar  statement  that  is  in
23    accordance with United States postal service regulations.
24        The election authority shall maintain  a  list  for  each
25    election of the voters to whom ballots have been issued.  The
26    list  shall  be  maintained  for  each  precinct  within  the
27    jurisdiction of the election authority.

28        (10 ILCS 5/19A-15 new)
29        Sec.  19A-15.  Enclosure of ballots in unsealed envelope;
30    certification;  instructions  for   marking   and   returning
31    ballots.   The  election  authority  shall fold the ballot or
32    ballots in the manner specified by the  statute  for  folding
 
                            -20-     LRB093 02621 JAM 02631 b
 1    ballots  prior  to their deposit in the ballot box, and shall
 2    enclose the ballot or ballots in an unsealed envelope  to  be
 3    furnished by the election authority.  The envelope shall bear
 4    on its face the name, official title, and post office address
 5    of the election authority.
 6        The  printed  certificate  on  the  envelope  shall be in
 7    substantially the following form:
 8        "I state that I am a resident of the ..........  precinct
 9    of  the  (1)*  township of .......... (2)* city of ..........
10    (3)* .......... ward in the city of  ..........  residing  at
11    ..........  in  the  city or town in the county of ..........
12    and State of Illinois, that I have lived at the  address  for
13    ... months last past; and that I am lawfully entitled to vote
14    in the precinct at the election to be held on .......
15    * fill in either (1), (2), or (3).
16        I  further  state  that  I personally marked the enclosed
17    ballot in secret.  If I received  assistance  in  casting  my
18    ballot,  I further attest that, due to physical incapacity, I
19    marked the enclosed ballot in secret with the assistance of
20                             .................................
21                             (Individual rendering assistance)
22                             .................................
23                             (Residence address)
24        Under penalties of perjury provided by law under  Section
25    29-10  of  the  Election Code, the undersigned certifies that
26    the statements set forth in this certification are  true  and
27    correct.
28                                    ........................."
29        In addition, the election authority shall provide printed
30    slips  giving  full  instructions  regarding  the  manner  of
31    marking  and  returning the ballot in order that the same may
32    be counted, and shall furnish one of  the  printed  slips  to
33    each  voter  at  the  same  time  the ballot is mailed to the
34    voter.    The  instructions  shall  include   the   following
 
                            -21-     LRB093 02621 JAM 02631 b
 1    statement:  "In  signing  the  certification  on  the  ballot
 2    envelope,  you  are attesting that you personally marked this
 3    ballot in secret.  If you are physically unable to  mark  the
 4    ballot,  a friend or relative may assist you after completing
 5    the enclosed affidavit.  Federal and State laws prohibit your
 6    employer, your employer's agent, or an officer  or  agent  of
 7    your union from assisting physically disabled voters."
 8        In  addition, if a ballot to be provided to a voter under
 9    this  Section  contains  a  public  question   described   in
10    subsection  (b)  of Section 28-6 and the territory concerning
11    the question to be submitted is not described on  the  ballot
12    due  to  that  space  limitations of the ballot, the election
13    authority shall provide a printed copy of the notice  of  the
14    public  question,  which  shall included a description of the
15    territory in the manner required by Section 16-7.  The notice
16    shall be furnished to the voter at the  time  the  ballot  is
17    mailed to the voter.

18        (10 ILCS 5/19A-20 new)
19        Sec. 19A-20.  Certification of voters; return of ballots.
20    The  voter  shall  make  and  subscribe  to the certification
21    provided for on the return envelope for the ballot,  and  the
22    ballot  or ballots shall be folded by the voter in the manner
23    required to be folded before depositing  the  ballot  in  the
24    ballot  box,  and  shall be deposited in the envelope and the
25    envelope securely sealed. The voter shall then endorse his or
26    her certificate on the back of the envelope, and the envelope
27    shall be  mailed  by  the  voter,  postage  prepaid,  to  the
28    election authority issuing the ballot, or if more convenient,
29    it  may  be  delivered in person, by either the voter or by a
30    spouse, parent, child, brother, or sister of the voter, or by
31    a company licensed by the Illinois Commerce Commission  under
32    the Illinois Commercial Transportation Law that is engaged in
33    the  business  of making deliveries.  If a voter gives his or
 
                            -22-     LRB093 02621 JAM 02631 b
 1    her ballot and ballot envelope to a  spouse,  parent,  child,
 2    brother,  or  sister  of  the  voter, or to a company that is
 3    engaged in the business of making deliveries for delivery  to
 4    the election authority, the voter shall give an authorization
 5    form to the person making the delivery. The person making the
 6    delivery  shall  present  the  authorization  to the election
 7    authority.  The authorization shall be in  substantially  the
 8    following form:
 9        "I         ..............        (voter)        authorize
10    ...................... to take my ballot to the office of the
11    election authority.
12    ........................          ...........................
13            Date                               Signature of voter
14    ........................          ...........................
15            Town                                          Address
16    ........................          ...........................
17            Date                          Signature of authorized
18                                             Individual
19    ........................          ...........................
20            Town                           Relationship (if any)"

21        (10 ILCS 5/19A-25 new)
22        Sec. 19A-25.  Receipt of ballots.  Upon  receipt  of  the
23    voter's  ballot,  the  election  authority  shall enclose the
24    unopened ballot in a large or carrier envelope that shall  be
25    securely sealed and endorsed with the name and official title
26    of  the  officer  and  the  words,  "This envelope contains a
27    ballot and must be opened on election day", together with the
28    number and description of the precinct in which the ballot is
29    to be voted, and the officer shall safely keep  the  envelope
30    in  his  or  her  office until counted as provided in Section
31    19A-30.

32        (10 ILCS 5/19A-30 new)
 
                            -23-     LRB093 02621 JAM 02631 b
 1        Sec. 19A-30.  Counting of ballots.  The ballots  received
 2    by  the election authority before 7:00 p.m. of the day of the
 3    consolidated election shall be counted at the office  of  the
 4    election  authority by the tally judges, appointed under this
 5    Code for that purpose.  The counting shall commence no  later
 6    than  8:00 p.m. The counting shall continue until all ballots
 7    received have been counted.
 8        The procedures set forth in Section 19A-35  of  this  Act
 9    and  Articles  17  and  18  of  this  Code shall apply to all
10    ballots counted under this provision, including comparing the
11    signature on the ballot envelope with the  signature  of  the
12    voter  on  the permanent voter registration record card taken
13    from the master file; except  the  votes  shall  be  recorded
14    without  regard  to precinct designation, except for precinct
15    offices.

16        (10 ILCS 5/19A-35 new)
17        Sec. 19A-35.  Casting ballots; comparison of  signatures;
18    rejection  of  ballots.   The  tally  judges  shall  cast the
19    voter's ballots separately, and as each ballot is taken shall
20    open the outer or  carrier  envelope,  announce  the  voter's
21    name,  and  compare  the  signature  on  the  permanent voter
22    registration record card taken from the master file with  the
23    signature  upon the certification on the ballot envelope.  In
24    case the judges find  the  certification  properly  executed,
25    that  the  signatures correspond, and that the applicant is a
26    duly  qualified  elector,  they  shall  open   the   envelope
27    containing  the  ballot  in such a manner as not to deface or
28    destroy the  certification,  or  mark  or  tear  the  ballots
29    therein  contained without unfolding or permitting the ballot
30    to be unfolded or examined, and having endorsed the ballot in
31    like manner as other ballots are  required  to  be  endorsed,
32    shall  deposit the same in the proper ballot box or boxes and
33    enter the voter's name in the poll book the same  as  if  the
 
                            -24-     LRB093 02621 JAM 02631 b
 1    voter had been present and voted in person.  The judges shall
 2    place  the  ballot  certification  envelopes  in  a  separate
 3    envelope as per the direction of the election authority.  The
 4    envelope  containing the ballot certification envelopes shall
 5    be retained by the election authority and preserved  in  like
 6    manner as the official poll record.
 7        In  case  the  signatures  do not correspond, or that the
 8    voter is not a duly qualified elector,  or  that  the  ballot
 9    envelope  is  open  or  has been opened and resealed, without
10    opening the envelope the judge of election shall mark  across
11    the face thereof, "Rejected", giving the reason therefor.
12        In case the ballot envelope contains more than one ballot
13    of  any  kind, the ballots shall not be counted, but shall be
14    marked "Rejected", giving the reason therefor.
15        The voter's envelope, and the voter's envelope  with  its
16    contents  unopened  when  the  vote  is  rejected,  shall  be
17    retained  and  preserved  in  the manner now provided for the
18    retention and preservation of official  ballots  rejected  at
19    the election.

20        (10 ILCS 5/19A-40 new)
21        Sec.    19A-40.  Pollwatchers.     On    election    day,
22    pollwatchers  shall  be  permitted  to  be present during the
23    casting of the mail ballots, and the vote of any voter may be
24    challenged for cause the same as if he or  she  were  present
25    and  voted  in  person, and the tally judges or a majority of
26    them shall have power and authority to hear and determine the
27    legality  of  the  ballot;  provided,  however,  that  if   a
28    challenge  to  any voter's right to vote is sustained, notice
29    of the same must  be  given  by  the  tally  judges  by  mail
30    addressed to the voter's place of residence.
31        Where  ballots  are counted on the day of the election in
32    the office of the election authority as provided  in  Section
33    19A-30  of this Article, each political party, candidate, and
 
                            -25-     LRB093 02621 JAM 02631 b
 1    qualified  civic  organization  shall  be  entitled  to  have
 2    present one pollwatcher for each  panel  of  election  judges
 3    therein  assigned.   The pollwatchers shall be subject to the
 4    same provisions as are proscribed for pollwatchers in Section
 5    7-34 and 17-23 of  this  Code,  and  shall  be  permitted  to
 6    observe the signature comparison between that which is on the
 7    ballot  envelope  and  that  which  is on the permanent voter
 8    registration record card taken from the master file.

 9        (10 ILCS 5/19A-45 new)
10        Sec. 19A-45.  Death of an elector  before  election  day.
11    Whenever it shall be made to appear by due proof to the tally
12    judges  that  any elector who has marked and forwarded his or
13    her ballot as provided in this Article has  died  before  the
14    date  of  the election, then the ballot of the deceased voter
15    shall be retained by the tally judges in the same  manner  as
16    provided  for rejected ballots; but the casting of the ballot
17    of a deceased voter shall not invalidate the election.

18        (10 ILCS 5/19A-50 new)
19        Sec. 19A-50.  Application to  jurisdiction  using  voting
20    machines.   In all jurisdictions in which voting machines are
21    used, all the provisions  of  the  Article  relating  to  the
22    furnishing of ballot boxes, printing, and furnishing official
23    ballots  and  supplies  in  the  number  provided by law, the
24    canvassing of the ballots and making the proper return of the
25    result of the election shall, to the extent necessary to make
26    this Article effective, apply with full force and effect.

27        (10 ILCS 5/19A-55 new)
28        Sec. 19A-55.  Adoption of rules for mail-in ballots.  The
29    State  Board  of  Elections shall conduct public hearings and
30    adopt rules and procedures for the implementation of the  use
31    of  mail-in  ballots within 270 days after the effective date
 
                            -26-     LRB093 02621 JAM 02631 b
 1    of this amendatory Act of the 91st General Assembly.
 2        (b)  In addition to any other duties prescribed  by  law,
 3    the State Board of Elections shall:
 4             (1)  prescribe  the  form of materials to be used in
 5        the conduct of mail-in ballot elections;
 6             (2)  establish  procedures  consistent   with   this
 7        Article for the conduct of mail-in ballot elections; and
 8             (3)  supervise   the   conduct   of  mail-in  ballot
 9        elections.

10        (10 ILCS 5/19A-60 new)
11        Sec.  19A-60.  Report.  After the  consolidated  election
12    in  2005,  the  State  Board  of Elections must report to the
13    General Assembly on the problems and successes of  conducting
14    the election with mail-in ballots.

15        (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
16        Sec. 24A-6. The ballot information, whether placed on the
17    ballot   or   on   the  marking  device,  shall,  as  far  as
18    practicable, be in the  order  of  arrangement  provided  for
19    paper  ballots,  except  that  such  information  may  be  in
20    vertical  or  horizontal  rows,  or  in  a number of separate
21    pages. Ballots for all questions or propositions to be  voted
22    on  must  be provided in the same manner and must be arranged
23    on or in the marking device or on the  ballot  sheet  in  the
24    places provided for such purposes.
25        When  an electronic voting system utilizes a ballot label
26    booklet and ballot  card,  ballots  for  candidates,  ballots
27    calling   for  a  constitutional  convention,  constitutional
28    amendment  ballots,   judicial  retention   ballots,   public
29    measures, and all propositions to be voted upon may be placed
30    on  the  electronic  voting device by providing in the ballot
31    booklet separate  ballot  label  pages  or  series  of  pages
32    distinguished by differing colors as provided below.  When an
 
                            -27-     LRB093 02621 JAM 02631 b
 1    electronic  voting  system  utilizes  a ballot sheet, ballots
 2    calling  for  a  constitutional  convention,   constitutional
 3    amendment  ballots  and  judicial  retention ballots shall be
 4    placed on the ballot sheet by providing a separate portion of
 5    the ballot sheet for each such kind of ballot which shall  be
 6    printed in ink of a color distinct from the color of ink used
 7    in  printing  any other portion of the ballot sheet.  Ballots
 8    for candidates, public measures and all other propositions to
 9    be voted  upon  shall  be  placed  on  the  ballot  sheet  by
10    providing  a  separate  portion  of the ballot sheet for each
11    such kind of ballot.  Below the name of  the  last  candidate
12    listed  for  an  office  shall be printed a line on which the
13    name of  a  candidate  may  be  written  by  the  voter,  and
14    immediately  to  the  left  of  such  line  an  area shall be
15    provided for marking a  vote  for  such  write-in  candidate.
16    More  than one amendment to the constitution may be placed on
17    the same ballot page or  series  of  pages  or  on  the  same
18    portion  of  the  ballot  sheet,  as the case may be.  Ballot
19    label pages for constitutional conventions or  constitutional
20    amendments  shall be on paper of blue color and shall precede
21    all other ballot label pages in  the  ballot  label  booklet.
22    More  than one public measure or proposition may be placed on
23    the same ballot label page or series of pages or on the  same
24    portion  of  the ballot sheet, as the case may be.  More than
25    one proposition for retention of  judges  in  office  may  be
26    placed on the same ballot label page or series of pages or on
27    the  same  portion  of  the ballot sheet, as the case may be.
28    Ballot label pages for candidates shall be on paper of  white
29    color, except that in primary elections the ballot label page
30    or  pages  for  the  candidates  of each respective political
31    party shall be  of  the  color  designated  by  the  election
32    official in charge of the election for that political party's
33    candidates; provided that the ballot label pages or pages for
34    candidates  for  use  at  the  nonpartisan  and  consolidated
 
                            -28-     LRB093 02621 JAM 02631 b
 1    elections  may  be on paper of different colors, except blue,
 2    whenever necessary or desirable to facilitate  distinguishing
 3    between  the pages for different political subdivisions.   On
 4    each page of the candidate booklet,  where  the  election  is
 5    made   to  list  ballot  information  vertically,  the  party
 6    affiliation of each candidate or the word "independent" shall
 7    appear immediately to the left of the candidate's  name,  and
 8    the  name  of  candidates for the same office shall be listed
 9    vertically under the title of that office.  In  the  case  of
10    nonpartisan elections for officers of political subdivisions,
11    unless  the  statute  or  an  ordinance  adopted  pursuant to
12    Article VII  of  the  Constitution  requires  otherwise,  the
13    listing  of such nonpartisan candidates shall not include any
14    party or "independent" designation. Ballot  label  pages  for
15    judicial  retention ballots shall be on paper of green color,
16    and ballot label pages for  all  public  measures  and  other
17    propositions  shall  be  on  paper of some other distinct and
18    different color. In  primary  elections,  a  separate  ballot
19    label  booklet, marking device and voting booth shall be used
20    for each political party holding a primary, with  the  ballot
21    label  booklet  arranged to include ballot label pages of the
22    candidates  of  the  party  and  public  measures  and  other
23    propositions to be voted upon  on  the  day  of  the  primary
24    election.   One  ballot  card  may  be used for recording the
25    voter's vote or choice on all such ballots, proposals, public
26    measures or propositions,  and  such  ballot  card  shall  be
27    arranged  so  as  to  record  the voter's vote or choice in a
28    separate column or columns for  each  such  kind  of  ballot,
29    proposal, public measure or proposition.
30        If  the ballot label booklet includes both candidates for
31    office and public measures or propositions to  be  voted  on,
32    the  election official in charge of the election shall divide
33    the pages by protruding tabs identifying the division of  the
34    pages,   and   printing   on   such   tabs  "Candidates"  and
 
                            -29-     LRB093 02621 JAM 02631 b
 1    "Propositions".
 2        The ballot card and all of its  columns  and  the  ballot
 3    card   envelope   shall   be  of  the  color  prescribed  for
 4    candidate's ballots  at  the  general  or  primary  election,
 5    whichever  is being held.  At an election where no candidates
 6    are being nominated or elected, the ballot card, its columns,
 7    and the ballot card envelope shall be of a  color  designated
 8    by the election official in charge of the election.
 9        The ballot cards, ballot card envelopes and ballot sheets
10    may,  at the discretion of the election authority, be printed
11    on white paper and then striped with the appropriate colors.
12        When ballot sheets are used, the various portions thereof
13    shall be arranged to conform to the foregoing format.
14        Absentee ballots may consist of ballot cards,  envelopes,
15    paper  ballots or ballot sheets voted in person in the office
16    of the election official in charge of the election  or  voted
17    by  mail.   Where a ballot card is used for voting by mail it
18    must be accompanied by a punching tool or  other  appropriate
19    marking  device,  voter  instructions  and  a specimen ballot
20    showing the proper positions to vote on the  ballot  card  or
21    ballot  sheet  for  each  party,  candidate, proposal, public
22    measure or proposition, and in the case of a ballot card must
23    be mounted on a suitable material to receive the punched  out
24    chip.
25        Ballots  for  use  in the consolidated election conducted
26    under Article 19A may consist  of  ballot  cards,  envelopes,
27    paper ballots, or ballot sheets.  Where a ballot card is used
28    for  voting by mail it must be accompanied by a punching tool
29    or other appropriate marking device, voter instructions,  and
30    a specimen ballot showing the proper positions to vote on the
31    ballot  card  or  ballot  sheet for each candidate, proposal,
32    public measure, or proposition, and in the case of  a  ballot
33    card  must  be  mounted on a suitable material to receive the
34    punched out chip.
 
                            -30-     LRB093 02621 JAM 02631 b
 1        Any voter who spoils his ballot or  makes  an  error  may
 2    return  the  ballot  to  the  judges  of  election and secure
 3    another.    However,  the  protruding  identifying  tab   for
 4    proposals  for  a constitutional convention or constitutional
 5    amendments  shall  have   printed   thereon   "Constitutional
 6    Ballot",  and  the  ballot  label  page  or  pages  for  such
 7    proposals shall precede the ballot label pages for candidates
 8    in the ballot label booklet.
 9    (Source: P.A. 89-700, eff. 1-17-97.)

10        (10 ILCS 5/24B-6)
11        Sec.  24B-6.  Ballot Information; Arrangement; Electronic
12    Precinct Tabulation Optical Scan  Technology  Voting  System;
13    Absentee  Ballots;  Spoiled Ballots.  The ballot information,
14    shall, as far as practicable, be in the order of  arrangement
15    provided  for  paper ballots, except that the information may
16    be in vertical or horizontal rows, or on a number of separate
17    pages.  Ballots for all questions or propositions to be voted
18    on should be  provided  in  a  similar  manner  and  must  be
19    arranged  on the ballot sheet in the places provided for such
20    purposes.  Ballots shall be of white  paper  unless  provided
21    otherwise  by  administrative  rule  of  the  State  Board of
22    Elections or otherwise specified.
23        All  propositions,   including   but   not   limited   to
24    propositions   calling   for   a  constitutional  convention,
25    constitutional  amendment,  judicial  retention,  and  public
26    measures to  be  voted  upon  shall  be  placed  on  separate
27    portions  of  the  ballot  sheet by utilizing borders or grey
28    screens.  Candidates shall be listed on a separate portion of
29    the ballot sheet by utilizing borders or grey screens.  Below
30    the name of the last candidate listed for an office shall  be
31    printed  a  line or lines on which the name of a candidate or
32    candidates may be written by the voter, and proximate to such
33    lines an area shall be provided for  marking  votes  for  the
 
                            -31-     LRB093 02621 JAM 02631 b
 1    write-in  candidate  or  candidates.  The  number of write-in
 2    lines for an office shall equal the number of candidates  for
 3    which  a  voter  may  vote.   More  than one amendment to the
 4    constitution may be placed on the same portion of the  ballot
 5    sheet.  Constitutional convention or constitutional amendment
 6    propositions shall be printed on a separate  portion  of  the
 7    ballot  sheet  and  designated  by  borders  or grey screens,
 8    unless otherwise provided by administrative rule of the State
 9    Board  of  Elections.    More  than  one  public  measure  or
10    proposition may be placed on the same portion of  the  ballot
11    sheet.   More than one proposition for retention of judges in
12    office may be placed on the same portion of the ballot sheet.
13    Names of candidates shall be printed in  black.    The  party
14    affiliation of each candidate or the word "independent" shall
15    appear  near  or under the candidate's name, and the names of
16    candidates for the same office  shall  be  listed  vertically
17    under  the  title of that office.  In the case of nonpartisan
18    elections for officers of political subdivisions, unless  the
19    statute  or  an  ordinance adopted pursuant to Article VII of
20    the  Constitution  requires   otherwise,   the   listing   of
21    nonpartisan   candidates  shall  not  include  any  party  or
22    "independent" designation.  Judicial retention ballots  shall
23    be  designated  by  borders or grey screens.  Ballots for all
24    public measures and other propositions shall be designated by
25    borders or grey screens.  In primary  elections,  a  separate
26    ballot,  shall  be  used  for  each political party holding a
27    primary, with the ballot arranged to  include  names  of  the
28    candidates  of  the  party  and  public  measures  and  other
29    propositions  to  be  voted  upon  on  the day of the primary
30    election.
31        If the ballot includes both  candidates  for  office  and
32    public  measures or propositions to be voted on, the election
33    official in charge of the election shall divide the ballot in
34    sections for "Candidates"  and  "Propositions",  or  separate
 
                            -32-     LRB093 02621 JAM 02631 b
 1    ballots may be used.
 2        Absentee  ballots may consist of envelopes, paper ballots
 3    or ballot sheets  voted  in  person  in  the  office  of  the
 4    election official in charge of the election or voted by mail.
 5    Where a Precinct Tabulation Optical Scan Technology ballot is
 6    used  for  voting  by  mail  it  must be accompanied by voter
 7    instructions.
 8        Ballots for use in the  consolidated  election  conducted
 9    under Article 19A may consist of envelopes, paper ballots, or
10    ballot  sheets.   Where  a  Precinct  Tabulation Optical Scan
11    Technology ballot is used for  voting  by  mail  it  must  be
12    accompanied by voter instructions.
13        Any  voter  who spoils his or her ballot, makes an error,
14    or  has  a  ballot  returned  by  the  automatic   tabulating
15    equipment may return the ballot to the judges of election and
16    get another ballot.
17    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

18        Section  10.  The State Mandates Act is amended by adding
19    Section 8.27 as follows:

20        (30 ILCS 805/8.27 new)
21        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
22    and  8 of this Act, no reimbursement by the State is required
23    for  the  implementation  of  any  mandate  created  by  this
24    amendatory Act the 91st General Assembly.

25        Section 99.  Effective date.  This Act takes effect  upon
26    becoming law.
 
                            -33-     LRB093 02621 JAM 02631 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    10 ILCS 5/4-11            from Ch. 46, par. 4-11
 4    10 ILCS 5/11-7            from Ch. 46, par. 11-7
 5    10 ILCS 5/12-1            from Ch. 46, par. 12-1
 6    10 ILCS 5/12-4            from Ch. 46, par. 12-4
 7    10 ILCS 5/13-1            from Ch. 46, par. 13-1
 8    10 ILCS 5/13-2            from Ch. 46, par. 13-2
 9    10 ILCS 5/14-1            from Ch. 46, par. 14-1
10    10 ILCS 5/14-3.1          from Ch. 46, par. 14-3.1
11    10 ILCS 5/16-5            from Ch. 46, par. 16-5
12    10 ILCS 5/17-1            from Ch. 46, par. 17-1
13    10 ILCS 5/Art.19A heading new
14    10 ILCS 5/19A-5 new
15    10 ILCS 5/19A-10 new
16    10 ILCS 5/19A-15 new
17    10 ILCS 5/19A-20 new
18    10 ILCS 5/19A-25 new
19    10 ILCS 5/19A-30 new
20    10 ILCS 5/19A-35 new
21    10 ILCS 5/19A-40 new
22    10 ILCS 5/19A-45 new
23    10 ILCS 5/19A-50 new
24    10 ILCS 5/19A-55 new
25    10 ILCS 5/19A-60 new
26    10 ILCS 5/24A-6           from Ch. 46, par. 24A-6
27    10 ILCS 5/24B-6
28    30 ILCS 805/8.27 new