093_SB0428ham004











                                     LRB093 07599 BDD 16742 a

 1                    AMENDMENT TO SENATE BILL 428

 2        AMENDMENT NO.     .  Amend Senate Bill 428,  AS  AMENDED,
 3    by  replacing  everything  after the enacting clause with the
 4    following:

 5        "Section 5.  The Election Code  is  amended  by  changing
 6    Sections  2A-12,  4-6.2,  4-8, 4-33, 5-7, 5-16.2, 5-43, 6-35,
 7    6-50.2, 6-79, 7-7,  7-8,  7-10,  7-10.2,  7-17,  7-34,  7-41,
 8    8-8.1,  9-1.5,  9-10,  9-21,  10-5.1,  13-1.1,  14-3.2, 16-3,
 9    17-23, 17-29, 19-2.1, 19-2.2, 19-4, 19-10, 22-5, 22-9, 22-15,
10    24B-2,  24B-6,  24B-8,  24B-9,  24B-9.1,  24B-10,   24B-10.1,
11    24B-15,  and  24B-18  and  by adding Articles 18A and 24C and
12    Sections 1-10, 1A-16, 1A-20, 9-1.14, 23-15.1, and  24A-22  as
13    follows:

14        (10 ILCS 5/1-10 new)
15        Sec.  1-10.  Public  comment.  Notwithstanding any law to
16    the contrary, the State Board of Elections in evaluating  the
17    feasibility  of  any  new voting system shall seek and accept
18    public  comment  from  persons  of  the  disabled  community,
19    including but not limited to the community for the blind.

20        (10 ILCS 5/1A-16 new)
21        Sec.  1A-16.  Voter  registration  information;  internet
 
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 1    posting; processing of voter registration forms;  content  of
 2    such  forms.  Notwithstanding  any  law  to the contrary, the
 3    following provisions shall apply to voter registration  under
 4    this Code.
 5        (a)  Voter  registration information; Internet posting of
 6    voter registration form.  Within 90 days after the  effective
 7    date of this amendatory Act of the 93rd General Assembly, the
 8    State  Board  of  Elections  shall post on its World Wide Web
 9    site the following information:
10             (1)  A comprehensive list of the  names,  addresses,
11        phone numbers, and websites, if applicable, of all county
12        clerks and boards of election commissioners in Illinois.
13             (2)  A   schedule  of  upcoming  elections  and  the
14        deadline for voter registration.
15             (3)  A downloadable,  printable  voter  registration
16        form, in at least English and in Spanish versions, that a
17        person may complete and mail or submit to the State Board
18        of  Elections or the appropriate county clerk or board of
19        election commissioners.
20    Any forms  described  under  paragraph  (3)  must  state  the
21    following:
22             If  you  do  not  have  a driver's license or social
23        security number, and this form is submitted by mail,  and
24        you have never registered to vote in the jurisdiction you
25        are  now  registering  in,  then you must send, with this
26        application, either (i) a copy of  a  current  and  valid
27        photo identification, or (ii) a copy of a current utility
28        bill,  bank  statement,  government  check,  paycheck, or
29        other government document that shows the name and address
30        of the voter. If  you  do  not  provide  the  information
31        required  above,  then  you  will  be required to provide
32        election officials with  either  (i)  or  (ii)  described
33        above  the  first  time  you vote at a voting place or by
34        absentee ballot.
 
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 1        (b)  Acceptance of registration forms by the State  Board
 2    of   Elections  and  county  clerks  and  board  of  election
 3    commissioners. The State Board of Elections,  county  clerks,
 4    and   board   of  election  commissioners  shall  accept  all
 5    completed voter registration forms  described  in  subsection
 6    (a)(3) that are:
 7             (1)  postmarked  on  or  before  the  day that voter
 8        registration is closed under the Election Code;
 9             (2)  not postmarked, but arrives  no  later  than  5
10        days after the close of registration;
11             (3)  submitted  in-person by a person using the form
12        on or before the day that voter  registration  is  closed
13        under the Election Code; or
14             (4)  submitted in-person by a person who submits one
15        or  more  forms on behalf of one or more persons who used
16        the form on or before the day that voter registration  is
17        closed under the Election Code.
18        Upon  the receipt of a registration form, the State Board
19    of Elections shall mark  the  date  on  which  the  form  was
20    received  and  send  the  form  via  first  class mail to the
21    appropriate county clerk or board of election  commissioners,
22    as  the  case  may  be, within 2 business days based upon the
23    home address of the person submitting the registration  form.
24    The  county  clerk  and board of election commissioners shall
25    accept and process any form received from the State Board  of
26    Elections.
27        (c)  Processing  of  registration  forms by county clerks
28    and boards of election commissioners.  The  county  clerk  or
29    board  of  election commissioners shall promulgate procedures
30    for processing the voter registration form.
31        (d)  Contents of the voter registration form.  The  State
32    Board  shall  create  a  voter  registration form, which must
33    contain the following content:
34             (1)  Instructions for completing the form.
 
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 1             (2)  A summary of the qualifications to register  to
 2        vote in Illinois.
 3             (3)  Instructions  for  mailing in or submitting the
 4        form in person.
 5             (4)  The  phone  number  for  the  State  Board   of
 6        Elections  should  a  person  submitting  the  form  have
 7        questions.
 8             (5)  A box for the person to check that explains one
 9        of 3 reasons for submitting the form:
10                  (a)  new registration;
11                  (b)  change of address; or
12                  (c)  change of name.
13             (6)  a  box  for  the person to check yes or no that
14        asks, "Are you a citizen of the United  States'",  a  box
15        for the person to check yes or no that asks, "Will you be
16        18  years  of  age  on  or  before  election day'", and a
17        statement of "If you checked 'no' in response  to  either
18        of these questions, then do not complete this form.".
19             (7)  A  space  for  the person to fill in his or her
20        home telephone number.
21             (8)  Spaces for the person to fill  in  his  or  her
22        first,  middle, and last names, street address (principal
23        place of residence), county, city, state, and zip code.
24             (9)  Spaces for the person to fill  in  his  or  her
25        mailing  address,  city, state, and zip code if different
26        from his or her principal place of residence.
27             (10)  A space for the person to fill in his  or  her
28        Illinois  driver's  license  number  if  the person has a
29        driver's license.
30             (11)  A  space  for  a  person  without  a  driver's
31        license to fill in the last four digits  of  his  or  her
32        social  security  number  if  the  person  has  a  social
33        security number.
34             (12)  A  space  for  a  person  without  an Illinois
 
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 1        driver's license to fill in  his  or  her  identification
 2        number  from  his or her State Identification card issued
 3        by the Secretary of State.
 4             (13)  A space  for  the  person  to  fill  the  name
 5        appearing  on  his  or  her  last voter registration, the
 6        street address of his or her last registration, including
 7        the city, county, state, and zip code.
 8             (14)  A space where the person swears or affirms the
 9        following under  penalty  of  perjury  with  his  or  her
10        signature:
11                  (a)  "I am a citizen of the United States.";
12                  (b)  "I  will  be  at  least 18 years old on or
13             before the next election.";
14                  (c)  "I  will  have  lived  in  the  State   of
15             Illinois  and  in  my  election precinct at least 30
16             days as of the date of the next election."; and
17                  "The information I have provided is true to the
18             best of may knowledge under penalty of perjury.   If
19             I  have  provided  false  information, than I may be
20             fined, imprisoned, or if I am not  a  U.S.  citizen,
21             deported  from  or  refused  entry  into  the United
22             States."
23        (d)  Compliance with federal law;  rulemaking  authority.
24    The  voter  registration form described in this Section shall
25    be  consistent  with  the  form  prescribed  by  the  Federal
26    Election Commission under the National Voter Registration Act
27    of 1993, P.L. 103-31, as amended from time to time,  and  the
28    Help  America Vote Act of 2002, P.L. 107-252, in all relevant
29    respects. The State Board  of  Elections  shall  periodically
30    up-date  the  form  based on changes to federal or State law.
31    The State Board  of  Elections  shall  promulgate  any  rules
32    necessary  for  the  implementation of this Section; provided
33    that the rules comport with the  letter  and  spirit  of  the
34    National Voter Registration Act of 1993 and Help America Vote
 
                            -6-      LRB093 07599 BDD 16742 a
 1    Act  of  2002  and  maximize  the opportunity for a person to
 2    register to vote.
 3        (e)  Forms available in paper form. The  State  Board  of
 4    Elections shall make the voter registration form available in
 5    regular paper stock and form in sufficient quantities for the
 6    general public.  The State Board of Elections may provide the
 7    voter  registration  form  to  the Secretary of State, county
 8    clerks, boards of election commissioners, designated agencies
 9    of the State of Illinois, and  any  other  person  or  entity
10    designated  to  have  these  forms  by  the  Election Code in
11    regular paper stock and form in or some other  format  deemed
12    suitable by the Board. Each county clerk or board of election
13    commissioners  has  the authority to design and print its own
14    voter registration form so long as the form complies with the
15    requirements of this Section.  The State Board of  Elections,
16    county  clerks,  boards  of  election commissioners, or other
17    designated agencies of the State of Illinois required to have
18    these forms under the Election Code shall provide a member of
19    the public with any reasonable number of forms that he or she
20    may request. Nothing in this Section shall permit  the  State
21    Board   of   Elections,   county  clerk,  board  of  election
22    commissioners, or other appropriate election official who may
23    accept a voter registration form to refuse to accept a  voter
24    registration  form because the form is printed on photocopier
25    or regular paper stock and form.
26        (f)  Internet voter registration study. The  State  Board
27    of  Elections  shall  investigate the feasibility of offering
28    voter  registration  on  its  website  and   consider   voter
29    registration methods of other states in an effort to maximize
30    the  opportunity  for  all  Illinois  citizens to register to
31    vote.  The  State  Board  of  Elections  shall  assemble  its
32    findings in a report and submit it to the General Assembly no
33    later  than  January  1,  2006.  The  report  shall   contain
34    legislative   recommendations  to  the  General  Assembly  on
 
                            -7-      LRB093 07599 BDD 16742 a
 1    improving voter registration in Illinois.

 2        (10 ILCS 5/1A-20 new)
 3        Sec. 1A-20. Help Illinois Vote Fund.  The  Help  Illinois
 4    Vote Fund is created as a special fund in the State treasury.
 5    All   federal   funds   received   by   the   State  for  the
 6    implementation of the federal Help America Vote Act  of  2002
 7    shall  be  deposited into the Help Illinois Vote Fund. Moneys
 8    from any other source may be deposited into the Help Illinois
 9    Vote Fund. The Help Illinois Vote Fund shall be  appropriated
10    solely  to  the  State Board of Elections for use only in the
11    performance of activities and programs authorized or mandated
12    by or in accordance with the federal Help America Vote Act of
13    2002.

14        (10 ILCS 5/2A-12) (from Ch. 46, par. 2A-12)
15        Sec. 2A-12.  Board of Review  -   Time  of  Election.   A
16    member  of  the  Board  of  Review in any county which elects
17    members of a Board  of  Review  shall  be  elected,  at  each
18    general election which immediately precedes the expiration of
19    the  term  of  any  incumbent  member, to succeed each member
20    whose term ends before the following general election, except
21    that members of the Cook County  Board  of  Review  shall  be
22    elected  as  provided in subsection (c) of Section 5-5 of the
23    Property Tax Code.
24    (Source: P.A. 80-936.)

25        (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
26        Sec. 4-6.2.  (a)  The  county  clerk  shall  appoint  all
27    municipal  and township or road district clerks or their duly
28    authorized deputies as deputy registrars who may  accept  the
29    registration  of  all qualified residents of their respective
30    municipalities,  townships  and  road  districts.  A   deputy
31    registrar  serving  as  such  by  virtue  of  his status as a
 
                            -8-      LRB093 07599 BDD 16742 a
 1    municipal clerk, or a duly authorized deputy of  a  municipal
 2    clerk,  of a municipality the territory of which lies in more
 3    than one county may accept the registration of any  qualified
 4    resident  of the municipality, regardless of which county the
 5    resident, municipal clerk or the duly  authorized  deputy  of
 6    the municipal clerk lives in.
 7        The    county    clerk   shall   appoint   all   precinct
 8    committeepersons in the county as deputy registrars  who  may
 9    accept  the  registration  of  any  qualified resident of the
10    county, except during the 27 days preceding an election.
11        The election authority shall appoint as deputy registrars
12    a reasonable number of employees of the  Secretary  of  State
13    located   at   driver's   license  examination  stations  and
14    designated to the election  authority  by  the  Secretary  of
15    State  who  may  accept  the  registration  of  any qualified
16    residents  of  the  county  at  any  such  driver's   license
17    examination  stations.  The  appointment  of employees of the
18    Secretary of State as deputy registrars shall be made in  the
19    manner  provided  in  Section  2-105  of the Illinois Vehicle
20    Code.
21        The county clerk shall  appoint  each  of  the  following
22    named  persons  as deputy registrars upon the written request
23    of such persons:
24             1.  The  chief  librarian,  or  a  qualified  person
25        designated by the chief librarian, of any public  library
26        situated within the election jurisdiction, who may accept
27        the  registrations  of  any  qualified  resident  of  the
28        county, at such library.
29             2.  The  principal, or a qualified person designated
30        by the principal, of any high school, elementary  school,
31        or   vocational   school  situated  within  the  election
32        jurisdiction, who may accept  the  registrations  of  any
33        qualified  resident  of  the  county, at such school. The
34        county   clerk   shall   notify   every   principal   and
 
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 1        vice-principal of each high  school,  elementary  school,
 2        and   vocational  school  situated  within  the  election
 3        jurisdiction of their  eligibility  to  serve  as  deputy
 4        registrars  and  offer  training  courses  for service as
 5        deputy registrars at conveniently located  facilities  at
 6        least 4 months prior to every election.
 7             3.  The  president, or a qualified person designated
 8        by the president, of any university,  college,  community
 9        college,   academy   or  other  institution  of  learning
10        situated within the election jurisdiction, who may accept
11        the registrations of any resident of the county, at  such
12        university,   college,   community  college,  academy  or
13        institution.
14             4.  A duly elected or appointed official of  a  bona
15        fide  labor  organization,  or  a  reasonable  number  of
16        qualified  members  designated  by such official, who may
17        accept the registrations of any qualified resident of the
18        county.
19             5.  A  duly  elected  or  appointed  official  of  a
20        bonafide  State  civic  organization,  as   defined   and
21        determined  by  rule  of the State Board of Elections, or
22        qualified members designated by such  official,  who  may
23        accept  the registration of any qualified resident of the
24        county. In determining the number  of  deputy  registrars
25        that  shall be appointed, the county clerk shall consider
26        the population of  the  jurisdiction,  the  size  of  the
27        organization,  the  geographic  size of the jurisdiction,
28        convenience for the public, the existing number of deputy
29        registrars in the jurisdiction and  their  location,  the
30        registration  activities of the organization and the need
31        to appoint deputy registrars to assist and facilitate the
32        registration of non-English speaking individuals.  In  no
33        event  shall  a  county  clerk  fix  an  arbitrary number
34        applicable  to  every   civic   organization   requesting
 
                            -10-     LRB093 07599 BDD 16742 a
 1        appointment  of  its  members  as  deputy registrars. The
 2        State Board  of  Elections  shall  by  rule  provide  for
 3        certification of bonafide State civic organizations. Such
 4        appointments  shall  be made for a period not to exceed 2
 5        years, terminating on the first business day of the month
 6        following the month of the general election, and shall be
 7        valid for all periods of voter registration  as  provided
 8        by this Code during the terms of such appointments.
 9             6.  The  Director  of  the  Illinois  Department  of
10        Public   Aid,   or   a  reasonable  number  of  employees
11        designated by the Director  and  located  at  public  aid
12        offices, who may accept the registration of any qualified
13        resident of the county at any such public aid office.
14             7.  The  Director  of  the  Illinois  Department  of
15        Employment  Security, or a reasonable number of employees
16        designated by the Director and  located  at  unemployment
17        offices, who may accept the registration of any qualified
18        resident of the county at any such unemployment office.
19             8.  The  president  of any corporation as defined by
20        the Business Corporation Act of  1983,  or  a  reasonable
21        number of employees designated by such president, who may
22        accept the registrations of any qualified resident of the
23        county.
24        If  the  request  to  be appointed as deputy registrar is
25    denied, the county clerk shall, within 10 days after the date
26    the request is submitted, provide the affected individual  or
27    organization  with  written notice setting forth the specific
28    reasons or criteria relied upon to deny  the  request  to  be
29    appointed as deputy registrar.
30        The  county  clerk  may appoint as many additional deputy
31    registrars as he considers necessary. The county clerk  shall
32    appoint such additional deputy registrars in such manner that
33    the   convenience   of  the  public  is  served,  giving  due
34    consideration to  both  population  concentration  and  area.
 
                            -11-     LRB093 07599 BDD 16742 a
 1    Some of the additional deputy registrars shall be selected so
 2    that  there  are  an  equal  number  from each of the 2 major
 3    political parties in the election jurisdiction.   The  county
 4    clerk,  in  appointing  an additional deputy registrar, shall
 5    make the appointment from a list of applicants  submitted  by
 6    the   Chairman   of  the  County  Central  Committee  of  the
 7    applicant's political party.  A Chairman of a County  Central
 8    Committee  shall  submit  a  list of applicants to the county
 9    clerk by November 30 of each  year.   The  county  clerk  may
10    require a Chairman of a County Central Committee to furnish a
11    supplemental list of applicants.
12        Deputy  registrars  may  accept registrations at any time
13    other than the 27  day  period  preceding  an  election.  All
14    persons  appointed  as deputy registrars shall be  registered
15    voters within the county and shall take and subscribe to  the
16    following oath or affirmation:
17        "I do solemnly swear (or affirm, as the case may be) that
18    I will support the Constitution of the United States, and the
19    Constitution  of  the  State  of  Illinois,  and  that I will
20    faithfully discharge the  duties  of  the  office  of  deputy
21    registrar  to the best of my ability and that I will register
22    no person nor cause the registration  of  any  person  except
23    upon his personal application before me.
24                                     ............................
25                                    (Signature Deputy Registrar)"
26        This  oath  shall be administered by the county clerk, or
27    by one of his deputies, or by any person  qualified  to  take
28    acknowledgement  of deeds and shall immediately thereafter be
29    filed with the county clerk.
30        Appointments of deputy  registrars  under  this  Section,
31    except  precinct  committeemen,  shall  be  for 2-year terms,
32    commencing on December 1 following the  general  election  of
33    each even-numbered year; except that the terms of the initial
34    appointments  shall  be until December 1st following the next
 
                            -12-     LRB093 07599 BDD 16742 a
 1    general election. Appointments of precinct committeemen shall
 2    be for 2-year terms commencing on  the  date  of  the  county
 3    convention  following  the general primary at which they were
 4    elected.  The county  clerk  shall  issue  a  certificate  of
 5    appointment  to  each deputy registrar, and shall maintain in
 6    his office for public inspection a list of the names  of  all
 7    appointees.
 8        (b)  The  county  clerk shall be responsible for training
 9    all deputy registrars appointed pursuant to  subsection  (a),
10    at  times  and  locations  reasonably convenient for both the
11    county clerk and such appointees.  The county clerk shall  be
12    responsible   for   certifying  and  supervising  all  deputy
13    registrars appointed  pursuant  to  subsection  (a).   Deputy
14    registrars appointed under subsection (a) shall be subject to
15    removal for cause.
16        (c)  Completed  registration  materials under the control
17    of deputy registrars, appointed pursuant to  subsection  (a),
18    shall  be  returned to the proper election authority within 7
19    days, except that completed registration  materials  received
20    by  the  deputy registrars during the period between the 35th
21    and 28th day preceding an election shall be returned  by  the
22    deputy  registrars to the proper election authority within 48
23    hours after  receipt  thereof.   The  completed  registration
24    materials  received  by the deputy registrars on the 28th day
25    preceding  an  election  shall  be  returned  by  the  deputy
26    registrars within 24  hours  after  receipt  thereof.  Unused
27    materials  shall  be  returned by deputy registrars appointed
28    pursuant to paragraph 4 of subsection (a), not later than the
29    next working day following the close of registration.
30        (d)  The county clerk or board of election commissioners,
31    as the  case  may  be,  must  provide  any  additional  forms
32    requested by any deputy registrar regardless of the number of
33    unaccounted  registration forms the deputy registrar may have
34    in his or her possession.  The  county  clerk  shall  not  be
 
                            -13-     LRB093 07599 BDD 16742 a
 1    required  to provide additional forms to any deputy registrar
 2    having more  than  200  registration  forms  unaccounted  for
 3    during the preceding 12 month period.
 4        (e)  No    deputy   registrar   shall   engage   in   any
 5    electioneering or the  promotion  of  any  cause  during  the
 6    performance of his or her duties.
 7        (f)  The  county clerk shall not be criminally or civilly
 8    liable for the acts or omissions  of  any  deputy  registrar.
 9    Such deputy registrars shall not be deemed to be employees of
10    the county clerk.
11    (Source: P.A. 92-816, eff. 8-21-02.)

12        (10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
13        Sec.  4-8.  The  county  clerk shall provide a sufficient
14    number of blank forms for the registration of electors, which
15    shall be known as registration record cards and  which  shall
16    consist  of  loose  leaf sheets or cards, of suitable size to
17    contain in plain writing and  figures  the  data  hereinafter
18    required  thereon  or  shall  consist  of  computer  cards of
19    suitable nature to contain the  data  required  thereon.  The
20    registration  record  cards, which shall include an affidavit
21    of registration as hereinafter provided, shall be executed in
22    duplicate.
23        The registration record card shall contain the  following
24    and  such  other information as the county clerk may think it
25    proper to require for the identification of the applicant for
26    registration:
27        Name.  The name of  the  applicant,  giving  surname  and
28    first  or  Christian name in full, and the middle name or the
29    initial for such middle name, if any.
30        Sex.
31        Residence.  The name and number of the street, avenue, or
32    other location of the dwelling, including the apartment, unit
33    or room number, if any, and in the case of a mobile home  the
 
                            -14-     LRB093 07599 BDD 16742 a
 1    lot   number,   and   such   additional  clear  and  definite
 2    description as  may  be  necessary  to  determine  the  exact
 3    location of the dwelling of the applicant. Where the location
 4    cannot  be determined by street and number, then the section,
 5    congressional township and range number may be used, or  such
 6    other  description as may be necessary, including post-office
 7    mailing address. In the case of a  homeless  individual,  the
 8    individual's  voting  residence  that  is  his or her mailing
 9    address shall be included on his or her  registration  record
10    card.
11        Term  of residence in the State of Illinois and precinct.
12    This information shall be furnished by the applicant  stating
13    the  place  or  places  where he resided and the dates during
14    which he resided in such place or places during the year next
15    preceding the date of the next ensuing election.
16        Nativity.  The state or country in  which  the  applicant
17    was born.
18        Citizenship.   Whether  the  applicant  is native born or
19    naturalized. If naturalized, the court, place,  and  date  of
20    naturalization.
21        Date  of  application  for  registration,  i.e., the day,
22    month  and  year  when  applicant   presented   himself   for
23    registration.
24        Age.  Date of birth, by month, day and year.
25        Physical disability of the applicant, if any, at the time
26    of registration, which would require assistance in voting.
27        The  county  and  state  in  which the applicant was last
28    registered.
29        Signature   of   voter.    The   applicant,   after   the
30    registration and in the presence of  a  deputy  registrar  or
31    other  officer  of registration shall be required to sign his
32    or her name in ink to the affidavit on both the original  and
33    duplicate registration record cards.
34        Signature of deputy registrar or officer of registration.
 
                            -15-     LRB093 07599 BDD 16742 a
 1        In  case  applicant  is  unable  to sign his name, he may
 2    affix his mark to the affidavit. In  such  case  the  officer
 3    empowered  to  give  the  registration  oath  shall  write  a
 4    detailed  description  of the applicant in the space provided
 5    on the back or at the bottom of the card or sheet; and  shall
 6    ask the following questions and record the answers thereto:
 7        Father's first name.
 8        Mother's first name.
 9        From what address did the applicant last register?
10        Reason for inability to sign name.
11        Each  applicant  for registration shall make an affidavit
12    in substantially the following form:
13                      AFFIDAVIT OF REGISTRATION
14    STATE OF ILLINOIS
15    COUNTY OF .......
16        I hereby swear (or affirm) that I am  a  citizen  of  the
17    United  States; that on the date of the next election I shall
18    have resided in the State of Illinois  and  in  the  election
19    precinct  in  which  I  reside 30 days and that I intend that
20    this  location  shall  be  my  residence;  that  I  am  fully
21    qualified to vote, and that the above statements are true.
22                                   ..............................
23                                   (His or her signature or mark)
24        Subscribed and sworn to before me on (insert date).
25    ..................................
26    Signature of registration officer.
27    (To be signed in presence of registrant.)

28        Space  shall  be  provided  upon   the   face   of   each
29    registration  record  card  for  the  notation  of the voting
30    record of the person registered thereon.
31        Each registration record card shall be numbered according
32    to precincts, and may be serially  or  otherwise  marked  for
33    identification  in  such  manner  as  the  county  clerk  may
34    determine.
 
                            -16-     LRB093 07599 BDD 16742 a
 1        The registration cards shall be deemed public records and
 2    shall  be  open  to inspection during regular business hours,
 3    except during the 27 days immediately preceding any election.
 4    On written request of any candidate or objector or any person
 5    intending to object to a  petition,  the  election  authority
 6    shall  extend  its hours for inspection of registration cards
 7    and other records of the election authority during the period
 8    beginning with the filing of petitions under  Sections  7-10,
 9    8-8,  10-6  or 28-3 and continuing through the termination of
10    electoral board  hearings  on  any  objections  to  petitions
11    containing   signatures   of   registered   voters   in   the
12    jurisdiction  of the election authority.  The extension shall
13    be for  a  period  of  hours  sufficient  to  allow  adequate
14    opportunity  for  examination of the records but the election
15    authority is not required to  extend  its  hours  beyond  the
16    period  beginning  at  its  normal  opening  for business and
17    ending at midnight.  If the business hours are  so  extended,
18    the  election  authority  shall  post a public notice of such
19    extended  hours.  Registration  record  cards  may  also   be
20    inspected,  upon  approval  of  the  officer in charge of the
21    cards, during the 27 days immediately preceding any election.
22    Registration record cards shall also be open to inspection by
23    certified judges and poll watchers  and  challengers  at  the
24    polling  place  on  election  day,  but  only  to  the extent
25    necessary to determine the question of the right of a  person
26    to  vote or to serve as a judge of election. At no time shall
27    poll watchers or challengers be allowed to physically  handle
28    the registration record cards.
29        Updated  copies  of  computer  tapes or computer discs or
30    other electronic data processing information containing voter
31    registration information shall be  furnished  by  the  county
32    clerk  within  10 days after December 15 and May 15 each year
33    and within 10 days after each registration period  is  closed
34    to  the  State Board of Elections in a form prescribed by the
 
                            -17-     LRB093 07599 BDD 16742 a
 1    Board. For the  purposes  of  this  Section,  a  registration
 2    period  is  closed  27 days before the date of any regular or
 3    special election. Registration information shall include, but
 4    not be limited to, the  following  information:   name,  sex,
 5    residence,  telephone number, if any, age, party affiliation,
 6    if  applicable,  precinct,  ward,   township,   county,   and
 7    representative,  legislative and congressional districts.  In
 8    the event of noncompliance, the State Board of  Elections  is
 9    directed   to   obtain   compliance   forthwith   with   this
10    nondiscretionary   duty   of   the   election   authority  by
11    instituting legal proceedings in the  circuit  court  of  the
12    county   in   which  the  election  authority  maintains  the
13    registration information.  The costs  of  furnishing  updated
14    copies  of  tapes or discs shall be paid at a rate of $.00034
15    per name of registered voters in the  election  jurisdiction,
16    but not less than $50 per tape or disc and shall be paid from
17    appropriations  made  to  the  State  Board  of Elections for
18    reimbursement to the election authority for such purpose. The
19    Board shall  furnish  copies  of  such  tapes,  discs,  other
20    electronic  data  or  compilations thereof to state political
21    committees  registered  pursuant  to  the  Illinois  Campaign
22    Finance Act or the Federal Election  Campaign  Act  at  their
23    request and at a reasonable cost.  Copies of the tapes, discs
24    or  other  electronic  data  shall be furnished by the county
25    clerk to local political committees at their request and at a
26    reasonable cost. To protect the privacy  and  confidentiality
27    of   voter   registration   information,  the  disclosure  of
28    electronic voter registration records to any person or entity
29    other  than  a  State  political  committee  is  specifically
30    prohibited. Reasonable cost of the tapes,  discs,  et  cetera
31    for  this  purpose  would be the cost of duplication plus 15%
32    for administration.  The individual representing a  political
33    committee  requesting copies of such tapes shall make a sworn
34    affidavit that the information shall be used  only  for  bona
 
                            -18-     LRB093 07599 BDD 16742 a
 1    fide  political  purposes, including by or for candidates for
 2    office or incumbent office  holders.  Such  tapes,  discs  or
 3    other   electronic   data   shall   not  be  used  under  any
 4    circumstances by any political committee or  individuals  for
 5    purposes   of   commercial  solicitation  or  other  business
 6    purposes.   If  such  tapes  contain  information  on  county
 7    residents related to the operations of county  government  in
 8    addition  to registration information, that information shall
 9    not  be  used  under   any   circumstances   for   commercial
10    solicitation  or other business purposes.  The prohibition in
11    this Section against using the  computer  tapes  or  computer
12    discs   or   other  electronic  data  processing  information
13    containing voter registration  information  for  purposes  of
14    commercial  solicitation  or other business purposes shall be
15    prospective only from the effective date of this amended  Act
16    of  1979.   Any  person  who violates this provision shall be
17    guilty of a Class 4 felony.
18        The State Board of Elections shall promulgate, by October
19    1, 1987, such regulations  as  may  be  necessary  to  ensure
20    uniformity throughout the State in electronic data processing
21    of  voter  registration  information.   The regulations shall
22    include, but need  not  be  limited  to,  specifications  for
23    uniform medium, communications protocol and file structure to
24    be  employed by the election authorities of this State in the
25    electronic data processing of voter registration information.
26    Each election authority utilizing electronic data  processing
27    of  voter  registration  information  shall  comply with such
28    regulations on and after May 15, 1988.
29        If the applicant for registration was last registered  in
30    another  county  within  this  State,  he  shall  also sign a
31    certificate   authorizing   cancellation   of   the    former
32    registration.  The  certificate shall be in substantially the
33    following form:
34    To the County Clerk of.... County, Illinois. (or)
 
                            -19-     LRB093 07599 BDD 16742 a
 1    To 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 ............................
 4    Having  moved out of your (county) (city), I hereby authorize
 5    you to cancel said registration in your office.
 6    Dated at ...., Illinois, on (insert date).
 7                                .................................
 8                                             (Signature of Voter)
 9    Attest: ................,  County Clerk, .............
10    County, Illinois.
11        The cancellation certificate shall be mailed  immediately
12    by  the  County  Clerk  to  the  County  Clerk  (or  election
13    commission  as  the  case  may  be)  where  the applicant was
14    formerly registered. Receipt of  such  certificate  shall  be
15    full authority for cancellation of any previous registration.
16    (Source: P.A.  91-357,  eff.  7-29-99;  92-465,  eff. 1-1-02;
17    92-816, eff. 8-21-02.)

18        (10 ILCS 5/4-33)
19        Sec. 4-33.  Computerization of voter records.
20        (a)  The  State  Board  of  Elections  shall   design   a
21    registration  record  card that, except as otherwise provided
22    in this Section, shall be used in duplicate by  all  election
23    authorities  in  the  State  adopting  a computer-based voter
24    registration file as provided in  this  Section.   The  Board
25    shall  prescribe  the  form and specifications, including but
26    not limited to the weight of paper, color, and print  of  the
27    cards.   The  cards  shall  contain  boxes  or spaces for the
28    information required under Sections 4-8  and  4-21;  provided
29    that  the  cards shall also contain: (i) A space for a person
30    to fill in his or her Illinois driver's license number if the
31    person has a driver's license; (ii)  A  space  for  a  person
32    without a driver's license to fill in the last four digits of
33    his  or her social security number if the person has a social
 
                            -20-     LRB093 07599 BDD 16742 a
 1    security number a box or space  for  the  applicant's  social
 2    security  number,  which  shall  be  required  to  the extent
 3    allowed by law but in no case  shall  the  applicant  provide
 4    fewer  than  the last 4 digits of the social security number,
 5    and a box for the applicant's telephone number, if available.
 6        (b)  The election authority may develop and  implement  a
 7    system  to  prepare, use, and maintain a computer-based voter
 8    registration file that includes a  computer-stored  image  of
 9    the  signature  of  each  voter.   The  computer-based  voter
10    registration  file may be used for all purposes for which the
11    original registration cards are to be used, provided  that  a
12    system  for  the storage of at least one copy of the original
13    registration cards remains in  effect.  The  electronic  file
14    shall be the master file.
15        (c)  Any  system  created,  used,  and  maintained  under
16    subsection  (b)  of  this  Section  shall  meet the following
17    standards:
18             (1)  Access to any computer-based voter registration
19        file shall be limited to those persons authorized by  the
20        election authority, and each access to the computer-based
21        voter  registration file, other than an access solely for
22        inquiry, shall be recorded.
23             (2)  No copy, summary, list, abstract, or  index  of
24        any  computer-based voter registration file that includes
25        any  computer-stored  image  of  the  signature  of   any
26        registered  voter  shall  be made available to the public
27        outside of the offices of the election authority.
28             (3)  Any copy, summary, list, abstract, or index  of
29        any  computer-based voter registration file that includes
30        a computer-stored image of the signature of a  registered
31        voter  shall  be produced in such a manner that it cannot
32        be reproduced.
33             (4)  Each person desiring  to  vote  shall  sign  an
34        application  for  a  ballot, and the signature comparison
 
                            -21-     LRB093 07599 BDD 16742 a
 1        authorized in Articles 17 and 18 of this Code may be made
 2        to a copy of the computer-stored image of  the  signature
 3        of the registered voter.
 4             (5)  Any  voter  list produced from a computer-based
 5        voter registration  file  that  includes  computer-stored
 6        images of the signatures of registered voters and is used
 7        in  a polling place during an election shall be preserved
 8        by the election authority in secure storage until the end
 9        of the second calendar year  following  the  election  in
10        which it was used.
11        (d)  Before  the  first  election  in  which the election
12    authority elects to  use  a  voter  list  produced  from  the
13    computer-stored images of the signatures of registered voters
14    in  a  computer-based  voter  registration file for signature
15    comparison in a polling place, the State Board  of  Elections
16    shall  certify that the system used by the election authority
17    complies with the standards set forth in this  Section.   The
18    State  Board  of  Elections  may  request  a sample poll list
19    intended to be used in a polling place to test  the  accuracy
20    of the list and the adequacy of the computer-stored images of
21    the signatures of the registered voters.
22        (e)  With  respect  to a jurisdiction that has copied all
23    of its voter signatures into  a  computer-based  registration
24    file, all references in this Act or any other Act to the use,
25    other than storage, of paper-based voter registration records
26    shall be deemed to refer to their computer-based equivalents.
27        (f)  Nothing   in   this  Section  prevents  an  election
28    authority from submitting to the State Board of  Elections  a
29    duplicate copy of some, as the State Board of Elections shall
30    determine,  or  all  of  the  data  contained  in  each voter
31    registration record that is part  of  the  electronic  master
32    file.  The duplicate copy of the registration record shall be
33    maintained by the State Board of  Elections  under  the  same
34    terms  and  limitations  applicable to the election authority
 
                            -22-     LRB093 07599 BDD 16742 a
 1    and shall  be  of  equal  legal  dignity  with  the  original
 2    registration  record  maintained by the election authority as
 3    proof of any fact contained in the voter registration record.
 4    (Source: P.A. 91-73, eff. 7-9-99.)

 5        (10 ILCS 5/5-7) (from Ch. 46, par. 5-7)
 6        Sec. 5-7.  The county clerk shall  provide  a  sufficient
 7    number  of blank forms for the registration of electors which
 8    shall be known as registration record cards and  which  shall
 9    consist  of  loose  leaf sheets or cards, of suitable size to
10    contain in plain writing and  figures  the  data  hereinafter
11    required  thereon  or  shall  consist  of  computer  cards of
12    suitable nature to contain the data  required  thereon.   The
13    registration  record  cards, which shall include an affidavit
14    of registration as hereinafter provided, shall be executed in
15    duplicate.
16        The registration record card shall contain the  following
17    and  such  other information as the county clerk may think it
18    proper to require for the identification of the applicant for
19    registration:
20        Name.  The name of  the  applicant,  giving  surname  and
21    first  or  Christian name in full, and the middle name or the
22    initial for such middle name, if any.
23        Sex.
24        Residence.  The name and number of the street, avenue, or
25    other location of the dwelling, including the apartment, unit
26    or room number, if any, and in the case of a mobile home  the
27    lot   number,   and   such   additional  clear  and  definite
28    description as  may  be  necessary  to  determine  the  exact
29    location   of   the  dwelling  of  the  applicant,  including
30    post-office mailing  address.  In  the  case  of  a  homeless
31    individual,  the individual's voting residence that is his or
32    her  mailing  address  shall  be  included  on  his  or   her
33    registration record card.
 
                            -23-     LRB093 07599 BDD 16742 a
 1        Term  of  residence  in  the  State  of  Illinois and the
 2    precinct.  Which questions may be answered by  the  applicant
 3    stating,  in  excess of 30 days in the State and in excess of
 4    30 days in the precinct.
 5        Nativity.  The State or country in  which  the  applicant
 6    was born.
 7        Citizenship.   Whether  the  applicant  is native born or
 8    naturalized. If naturalized, the court,  place  and  date  of
 9    naturalization.
10        Date  of  application  for  registration,  i.e., the day,
11    month  and  year  when  applicant   presented   himself   for
12    registration.
13        Age.  Date of birth, by month, day and year.
14        Physical disability of the applicant, if any, at the time
15    of registration, which would require assistance in voting.
16        The  county  and  state  in  which the applicant was last
17    registered.
18        Signature   of   voter.    The   applicant,   after   the
19    registration and in the presence of  a  deputy  registrar  or
20    other  officer  of registration shall be required to sign his
21    or her name in ink to  the  affidavit  on  the  original  and
22    duplicate registration record card.
23        Signature of Deputy Registrar.
24        In  case  applicant  is  unable  to sign his name, he may
25    affix his mark to the affidavit.  In such  case  the  officer
26    empowered  to  give  the  registration  oath  shall  write  a
27    detailed  description  of the applicant in the space provided
28    at the bottom of  the  card  or  sheet;  and  shall  ask  the
29    following questions and record the answers thereto:
30        Father's first name .......................
31        Mother's first name .......................
32        From what address did you last register?
33        Reason for inability to sign name.
34        Each  applicant  for registration shall make an affidavit
 
                            -24-     LRB093 07599 BDD 16742 a
 1    in substantially the following form:
 2                      AFFIDAVIT OF REGISTRATION
 3    State of Illinois)
 4                     )ss
 5    County of        )
 6        I hereby swear (or affirm) that I am  a  citizen  of  the
 7    United  States; that on the date of the next election I shall
 8    have resided in the State of Illinois  and  in  the  election
 9    precinct in which I reside 30 days; that I am fully qualified
10    to  vote.   That  I  intend  that  this  location shall be my
11    residence and 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
19    registration  record  card  for  the  notation  of the voting
20    record of the person registered thereon.
21        Each registration record card shall be numbered according
22    to towns and precincts, wards, cities and  villages,  as  the
23    case  may  be,  and  may  be serially or otherwise marked for
24    identification  in  such  manner  as  the  county  clerk  may
25    determine.
26        The registration cards shall be deemed public records and
27    shall be open to inspection during  regular  business  hours,
28    except during the 27 days immediately preceding any election.
29    On written request of any candidate or objector or any person
30    intending  to  object  to  a petition, the election authority
31    shall extend its hours for inspection of  registration  cards
32    and other records of the election authority during the period
33    beginning  with  the filing of petitions under Sections 7-10,
34    8-8, 10-6 or 28-3 and continuing through the  termination  of
 
                            -25-     LRB093 07599 BDD 16742 a
 1    electoral  board  hearings  on  any  objections  to petitions
 2    containing   signatures   of   registered   voters   in   the
 3    jurisdiction of the election authority. The  extension  shall
 4    be  for  a  period  of  hours  sufficient  to  allow adequate
 5    opportunity for examination of the records but  the  election
 6    authority  is  not  required  to  extend its hours beyond the
 7    period beginning at  its  normal  opening  for  business  and
 8    ending  at  midnight.  If the business hours are so extended,
 9    the election authority shall post a  public  notice  of  such
10    extended   hours.  Registration  record  cards  may  also  be
11    inspected, upon approval of the  officer  in  charge  of  the
12    cards, during the 27 days immediately preceding any election.
13    Registration record cards shall also be open to inspection by
14    certified  judges  and  poll  watchers and challengers at the
15    polling place  on  election  day,  but  only  to  the  extent
16    necessary  to determine the question of the right of a person
17    to vote or to serve as a judge of election. At no time  shall
18    poll  watchers or challengers be allowed to physically handle
19    the registration record cards.
20        Updated copies of computer tapes  or  computer  discs  or
21    other electronic data processing information containing voter
22    registration  information  shall  be  furnished by the county
23    clerk within 10 days after December 15 and May 15  each  year
24    and  within  10 days after each registration period is closed
25    to the State Board of Elections in a form prescribed  by  the
26    Board.  For  the  purposes  of  this  Section, a registration
27    period is closed 27 days before the date of  any  regular  or
28    special election. Registration information shall include, but
29    not  be  limited  to,  the following information:  name, sex,
30    residence, telephone number, if any, age, party  affiliation,
31    if   applicable,   precinct,   ward,  township,  county,  and
32    representative, legislative and congressional districts.   In
33    the  event  of noncompliance, the State Board of Elections is
34    directed   to   obtain   compliance   forthwith   with   this
 
                            -26-     LRB093 07599 BDD 16742 a
 1    nondiscretionary  duty   of   the   election   authority   by
 2    instituting  legal  proceedings  in  the circuit court of the
 3    county  in  which  the  election  authority   maintains   the
 4    registration  information.   The  costs of furnishing updated
 5    copies of tapes or discs shall be paid at a rate  of  $.00034
 6    per  name  of registered voters in the election jurisdiction,
 7    but not less than $50 per tape or disc and shall be paid from
 8    appropriations made to  the  State  Board  of  Elections  for
 9    reimbursement to the election authority for such purpose. The
10    Board  shall  furnish  copies  of  such  tapes,  discs, other
11    electronic data or compilations thereof  to  state  political
12    committees  registered  pursuant  to  the  Illinois  Campaign
13    Finance  Act  or  the  Federal Election Campaign Act at their
14    request and at a reasonable cost. To protect the privacy  and
15    confidentiality   of   voter  registration  information,  the
16    disclosure of electronic voter registration  records  to  any
17    person  or  entity  other than a State political committee is
18    specifically prohibited. Copies of the tapes, discs or  other
19    electronic  data  shall  be  furnished by the county clerk to
20    local  political  committees  at  their  request  and  at   a
21    reasonable  cost.   Reasonable  cost  of the tapes, discs, et
22    cetera for this purpose would be the cost of duplication plus
23    15%  for  administration.   The  individual  representing   a
24    political  committee  requesting  copies  of such tapes shall
25    make a sworn affidavit that the  information  shall  be  used
26    only  for  bona  fide political purposes, including by or for
27    candidates for  office  or  incumbent  office  holders.  Such
28    tapes, discs or other electronic data shall not be used under
29    any  circumstances  by any political committee or individuals
30    for purposes of commercial  solicitation  or  other  business
31    purposes.   If  such  tapes  contain  information  on  county
32    residents  related  to the operations of county government in
33    addition to registration information, that information  shall
34    not   be   used   under   any  circumstances  for  commercial
 
                            -27-     LRB093 07599 BDD 16742 a
 1    solicitation or other business purposes.  The prohibition  in
 2    this  Section  against  using  the computer tapes or computer
 3    discs  or  other  electronic  data   processing   information
 4    containing  voter  registration  information  for purposes of
 5    commercial solicitation or other business purposes  shall  be
 6    prospective  only from the effective date of this amended Act
 7    of 1979.   Any person who violates this  provision  shall  be
 8    guilty of a Class 4 felony.
 9        The State Board of Elections shall promulgate, by October
10    1,  1987,  such  regulations  as  may  be necessary to ensure
11    uniformity throughout the State in electronic data processing
12    of voter registration  information.   The  regulations  shall
13    include,  but  need  not  be  limited  to, specifications for
14    uniform medium, communications protocol and file structure to
15    be employed by the election authorities of this State in  the
16    electronic data processing of voter registration information.
17    Each  election authority utilizing electronic data processing
18    of voter registration  information  shall  comply  with  such
19    regulations on and after May 15, 1988.
20        If  the applicant for registration was last registered in
21    another county within  this  State,  he  shall  also  sign  a
22    certificate    authorizing   cancellation   of   the   former
23    registration. The certificate shall be in  substantially  the
24    following form:
25    To the County Clerk of .... County, Illinois. To the Election
26    Commission of the City of ...., Illinois.
27        This  is to certify that I am registered in your (county)
28    (city) and that my residence was .....
29        Having moved  out  of  your  (county)  (city),  I  hereby
30    authorize you to cancel said registration in your office.
31    Dated at .... Illinois, on (insert date).
32                                             ....................
33                                             (Signature of Voter)
34          Attest ......, County Clerk, ........ County, Illinois.
 
                            -28-     LRB093 07599 BDD 16742 a
 1        The  cancellation certificate shall be mailed immediately
 2    by  the  county  clerk  to  the  county  clerk  (or  election
 3    commission as the  case  may  be)  where  the  applicant  was
 4    formerly  registered.  Receipt  of  such certificate shall be
 5    full authority for cancellation of any previous registration.
 6    (Source: P.A. 91-357,  eff.  7-29-99;  92-465,  eff.  1-1-02;
 7    92-816, eff. 8-21-02.)

 8        (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
 9        Sec.  5-16.2.  (a)  The  county  clerk  shall appoint all
10    municipal  and  township  clerks  or  their  duly  authorized
11    deputies as deputy registrars who may accept the registration
12    of all qualified residents of their  respective  counties.  A
13    deputy registrar serving as such by virtue of his status as a
14    municipal  clerk,  or a duly authorized deputy of a municipal
15    clerk, of a municipality the territory of which lies in  more
16    than  one county may accept the registration of any qualified
17    resident of any county in which the municipality is  located,
18    regardless  of  which county the resident, municipal clerk or
19    the duly authorized deputy of the municipal clerk lives in.
20        The   county   clerk   shall   appoint    all    precinct
21    committeepersons  in  the county as deputy registrars who may
22    accept the registration of  any  qualified  resident  of  the
23    county, except during the 27 days preceding an election.
24        The election authority shall appoint as deputy registrars
25    a  reasonable  number  of employees of the Secretary of State
26    located  at  driver's  license   examination   stations   and
27    designated  to  the  election  authority  by the Secretary of
28    State who  may  accept  the  registration  of  any  qualified
29    residents   of  the  county  at  any  such  driver's  license
30    examination stations. The appointment  of  employees  of  the
31    Secretary  of State as deputy registrars shall be made in the
32    manner provided in Section  2-105  of  the  Illinois  Vehicle
33    Code.
 
                            -29-     LRB093 07599 BDD 16742 a
 1        The  county  clerk  shall  appoint  each of the following
 2    named persons as deputy registrars upon the  written  request
 3    of such persons:
 4             1.  The  chief  librarian,  or  a  qualified  person
 5        designated  by the chief librarian, of any public library
 6        situated within the election jurisdiction, who may accept
 7        the  registrations  of  any  qualified  resident  of  the
 8        county, at such library.
 9             2.  The principal, or a qualified person  designated
10        by  the principal, of any high school, elementary school,
11        or  vocational  school  situated  within   the   election
12        jurisdiction,  who  may  accept  the registrations of any
13        resident of the county, at such school. The county  clerk
14        shall  notify  every principal and vice-principal of each
15        high school, elementary  school,  and  vocational  school
16        situated   within  the  election  jurisdiction  of  their
17        eligibility to  serve  as  deputy  registrars  and  offer
18        training  courses  for  service  as  deputy registrars at
19        conveniently located facilities at least 4  months  prior
20        to every election.
21             3.  The  president, or a qualified person designated
22        by the president, of any university,  college,  community
23        college,   academy   or  other  institution  of  learning
24        situated within the election jurisdiction, who may accept
25        the registrations of any resident of the county, at  such
26        university,   college,   community  college,  academy  or
27        institution.
28             4.  A duly elected or appointed official of  a  bona
29        fide  labor  organization,  or  a  reasonable  number  of
30        qualified  members  designated  by such official, who may
31        accept the registrations of any qualified resident of the
32        county.
33             5.  A duly elected or appointed official of  a  bona
34        fide  State civic organization, as defined and determined
 
                            -30-     LRB093 07599 BDD 16742 a
 1        by rule of the State Board  of  Elections,  or  qualified
 2        members  designated  by such official, who may accept the
 3        registration of any qualified resident of the county.  In
 4        determining the number of deputy registrars that shall be
 5        appointed, the county clerk shall consider the population
 6        of  the  jurisdiction,  the size of the organization, the
 7        geographic size of the jurisdiction, convenience for  the
 8        public,  the  existing number of deputy registrars in the
 9        jurisdiction  and  their   location,   the   registration
10        activities  of  the  organization and the need to appoint
11        deputy  registrars   to   assist   and   facilitate   the
12        registration  of non-English speaking individuals.  In no
13        event shall  a  county  clerk  fix  an  arbitrary  number
14        applicable   to   every   civic  organization  requesting
15        appointment of its  members  as  deputy  registrars.  The
16        State  Board  of  Elections  shall  by  rule  provide for
17        certification of bona  fide  State  civic  organizations.
18        Such  appointments  shall  be  made  for  a period not to
19        exceed 2 years, terminating on the first business day  of
20        the  month  following  the month of the general election,
21        and shall be valid for all periods of voter  registration
22        as  provided  by  this  Code  during  the  terms  of such
23        appointments.
24             6.  The  Director  of  the  Illinois  Department  of
25        Public  Aid,  or  a  reasonable   number   of   employees
26        designated  by  the  Director  and  located at public aid
27        offices, who may accept the registration of any qualified
28        resident of the county at any such public aid office.
29             7.  The  Director  of  the  Illinois  Department  of
30        Employment Security, or a reasonable number of  employees
31        designated  by  the  Director and located at unemployment
32        offices, who may accept the registration of any qualified
33        resident of the county at any such unemployment office.
34             8.  The president of any corporation as  defined  by
 
                            -31-     LRB093 07599 BDD 16742 a
 1        the  Business  Corporation  Act  of 1983, or a reasonable
 2        number of employees designated by such president, who may
 3        accept the registrations of any qualified resident of the
 4        county.
 5        If the request to be appointed  as  deputy  registrar  is
 6    denied, the county clerk shall, within 10 days after the date
 7    the  request is submitted, provide the affected individual or
 8    organization with written notice setting forth  the  specific
 9    reasons  or  criteria  relied  upon to deny the request to be
10    appointed as deputy registrar.
11        The county clerk may appoint as  many  additional  deputy
12    registrars  as he considers necessary. The county clerk shall
13    appoint such additional deputy registrars in such manner that
14    the  convenience   of  the  public  is  served,  giving   due
15    consideration  to  both  population  concentration  and area.
16    Some of the additional deputy registrars shall be selected so
17    that there are an equal number  from  each  of  the  2  major
18    political  parties  in the election jurisdiction.  The county
19    clerk, in appointing an additional  deputy  registrar,  shall
20    make  the  appointment from a list of applicants submitted by
21    the  Chairman  of  the  County  Central  Committee   of   the
22    applicant's  political party.  A Chairman of a County Central
23    Committee shall submit a list of  applicants  to  the  county
24    clerk  by  November  30  of  each year.  The county clerk may
25    require a Chairman of a County Central Committee to furnish a
26    supplemental list of applicants.
27        Deputy registrars may accept registrations  at  any  time
28    other  than  the  27  day  period  preceding an election. All
29    persons appointed as deputy registrars shall  be   registered
30    voters  within the county and shall take and subscribe to the
31    following oath or affirmation:
32        "I do solemnly swear (or affirm, as the case may be) that
33    I will support the Constitution of the United States, and the
34    Constitution of the  State  of  Illinois,  and  that  I  will
 
                            -32-     LRB093 07599 BDD 16742 a
 1    faithfully  discharge  the  duties  of  the  office of deputy
 2    registrar to the best of my ability and that I will  register
 3    no  person  nor  cause  the registration of any person except
 4    upon his personal application before me.
 5                                  ...............................
 6                                 (Signature of Deputy Registrar)"
 7        This oath shall be administered by the county  clerk,  or
 8    by  one  of  his deputies, or by any person qualified to take
 9    acknowledgement of deeds and shall immediately thereafter  be
10    filed with the county clerk.
11        Appointments  of  deputy  registrars  under this Section,
12    except precinct committeemen,  shall  be  for  2-year  terms,
13    commencing  on  December  1 following the general election of
14    each even-numbered year, except that the terms of the initial
15    appointments shall be until December 1st following  the  next
16    general  election.   Appointments  of  precinct  committeemen
17    shall  be  for  2-year  terms  commencing  on the date of the
18    county convention following the general primary at which they
19    were elected.  The county clerk shall issue a certificate  of
20    appointment  to  each deputy registrar, and shall maintain in
21    his office for public inspection a list of the names  of  all
22    appointees.
23        (b)  The  county  clerk shall be responsible for training
24    all deputy registrars appointed pursuant to  subsection  (a),
25    at  times  and  locations  reasonably convenient for both the
26    county clerk and such appointees.  The county clerk shall  be
27    responsible   for   certifying  and  supervising  all  deputy
28    registrars appointed  pursuant  to  subsection  (a).   Deputy
29    registrars appointed under subsection (a) shall be subject to
30    removal for cause.
31        (c)  Completed  registration  materials under the control
32    of deputy registrars, appointed pursuant to  subsection  (a),
33    shall  be  returned to the proper election authority within 7
34    days, except that completed registration  materials  received
 
                            -33-     LRB093 07599 BDD 16742 a
 1    by  the  deputy registrars during the period between the 35th
 2    and 28th day preceding an election shall be returned  by  the
 3    deputy  registrars to the proper election authority within 48
 4    hours after  receipt  thereof.   The  completed  registration
 5    materials  received  by the deputy registrars on the 28th day
 6    preceding  an  election  shall  be  returned  by  the  deputy
 7    registrars within 24  hours  after  receipt  thereof.  Unused
 8    materials  shall  be  returned by deputy registrars appointed
 9    pursuant to paragraph 4 of subsection (a), not later than the
10    next working day following the close of registration.
11        (d)  The county clerk or board of election commissioners,
12    as the  case  may  be,  must  provide  any  additional  forms
13    requested by any deputy registrar regardless of the number of
14    unaccounted  registration forms the deputy registrar may have
15    in his or her possession.  The  county  clerk  shall  not  be
16    required  to provide additional forms to any deputy registrar
17    having more  than  200  registration  forms  unaccounted  for
18    during the preceding 12 month period.
19        (e)  No    deputy   registrar   shall   engage   in   any
20    electioneering or the  promotion  of  any  cause  during  the
21    performance of his or her duties.
22        (f)  The  county clerk shall not be criminally or civilly
23    liable for the acts or omissions  of  any  deputy  registrar.
24    Such  deputy registers shall not be deemed to be employees of
25    the county clerk.
26    (Source: P.A. 92-816, eff. 8-21-02.)

27        (10 ILCS 5/5-43)
28        Sec. 5-43.  Computerization of voter records.
29        (a)  The  State  Board  of  Elections  shall   design   a
30    registration  record  card that, except as otherwise provided
31    in this Section, shall be used in duplicate by  all  election
32    authorities  in  the  State  adopting  a computer-based voter
33    registration file as provided in  this  Section.   The  Board
 
                            -34-     LRB093 07599 BDD 16742 a
 1    shall  prescribe  the  form and specifications, including but
 2    not limited to the weight of paper, color, and print  of  the
 3    cards.   The  cards  shall  contain  boxes  or spaces for the
 4    information required under Sections 5-7 and 5-28.1;  provided
 5    that the cards shall also contain: (i) A space for the person
 6    to fill in his or her Illinois driver's license number if the
 7    person  has  a  driver's  license;  (ii) A space for a person
 8    without a driver's license to fill in the last four digits of
 9    his or her social security number if the person has a  social
10    security  number  card  a  box  or  space for the applicant's
11    social security number, which shall be required to the extent
12    allowed by law but in no case  shall  the  applicant  provide
13    fewer  than  the last 4 digits of the social security number,
14    and a box for the applicant's telephone number, if available.
15        (b)  The election authority may develop and  implement  a
16    system  to  prepare, use, and maintain a computer-based voter
17    registration file that includes a  computer-stored  image  of
18    the  signature  of  each  voter.   The  computer-based  voter
19    registration  file may be used for all purposes for which the
20    original registration cards are to be used, provided  that  a
21    system  for  the storage of at least one copy of the original
22    registration cards remains in effect.   The  electronic  file
23    shall be the master file.
24        (c)  Any  system  created,  used,  and  maintained  under
25    subsection  (b)  of  this  Section  shall  meet the following
26    standards:
27             (1)  Access to any computer-based voter registration
28        file shall be limited to those persons authorized by  the
29        election authority, and each access to the computer-based
30        voter  registration file, other than an access solely for
31        inquiry, shall be recorded.
32             (2)  No copy, summary, list, abstract, or  index  of
33        any  computer-based voter registration file that includes
34        any  computer-stored  image  of  the  signature  of   any
 
                            -35-     LRB093 07599 BDD 16742 a
 1        registered  voter  shall  be made available to the public
 2        outside of the offices of the election authority.
 3             (3)  Any copy, summary, list, abstract, or index  of
 4        any  computer-based voter registration file that includes
 5        a computer-stored image of the signature of a  registered
 6        voter  shall  be produced in such a manner that it cannot
 7        be reproduced.
 8             (4)  Each person desiring  to  vote  shall  sign  an
 9        application  for  a  ballot, and the signature comparison
10        authorized in Articles 17 and 18 of this Code may be made
11        to a copy of the computer-stored image of  the  signature
12        of the registered voter.
13             (5)  Any  voter  list produced from a computer-based
14        voter registration  file  that  includes  computer-stored
15        images of the signatures of registered voters and is used
16        in  a polling place during an election shall be preserved
17        by the election authority in secure storage until the end
18        of the second calendar year  following  the  election  in
19        which it was used.
20        (d)  Before  the  first  election  in  which the election
21    authority elects to  use  a  voter  list  produced  from  the
22    computer-stored images of the signatures of registered voters
23    in  a  computer-based  voter  registration file for signature
24    comparison in a polling place, the State Board  of  Elections
25    shall  certify that the system used by the election authority
26    complies with the standards set forth in this  Section.   The
27    State  Board  of  Elections  may  request  a sample poll list
28    intended to be used in a polling place to test  the  accuracy
29    of the list and the adequacy of the computer-stored images of
30    the signatures of the registered voters.
31        (e)  With  respect  to a jurisdiction that has copied all
32    of its voter signatures into  a  computer-based  registration
33    file, all references in this Act or any other Act to the use,
34    other than storage, of paper-based voter registration records
 
                            -36-     LRB093 07599 BDD 16742 a
 1    shall be deemed to refer to their computer-based equivalents.
 2        (f)  Nothing   in   this  Section  prevents  an  election
 3    authority from submitting to the State Board of  Elections  a
 4    duplicate copy of some, as the State Board of Elections shall
 5    determine,  or  all  of  the  data  contained  in  each voter
 6    registration record that is part  of  the  electronic  master
 7    file.  The duplicate copy of the registration record shall be
 8    maintained by the State Board of  Elections  under  the  same
 9    terms  and  limitations  applicable to the election authority
10    and shall  be  of  equal  legal  dignity  with  the  original
11    registration  record  maintained by the election authority as
12    proof of any fact contained in the voter registration record.
13    (Source: P.A. 91-73, eff. 7-9-99.)

14        (10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
15        Sec. 6-35.  The Boards of  Election  Commissioners  shall
16    provide   a   sufficient   number  of  blank  forms  for  the
17    registration of electors which shall be known as registration
18    record cards and which shall consist of loose leaf sheets  or
19    cards,  of  suitable  size  to  contain  in plain writing and
20    figures  the  data  hereinafter  required  thereon  or  shall
21    consist of computer cards of suitable nature to  contain  the
22    data  required  thereon. The registration record cards, which
23    shall include an affidavit  of  registration  as  hereinafter
24    provided,  shall  be executed in duplicate.  The duplicate of
25    which may be a carbon copy of the original or a copy  of  the
26    original made by the use of other method or material used for
27    making simultaneous true copies or duplications.
28        The  registration record card shall contain the following
29    and  such  other  information  as  the  Board   of   Election
30    Commissioners   may  think  it  proper  to  require  for  the
31    identification of the applicant for registration:
32        Name.  The name of  the  applicant,  giving  surname  and
33    first  or  Christian name in full, and the middle name or the
 
                            -37-     LRB093 07599 BDD 16742 a
 1    initial for such middle name, if any.
 2        Sex.
 3        Residence.  The name and number of the street, avenue, or
 4    other location of the dwelling, including the apartment, unit
 5    or room number, if any, and in the case of a mobile home  the
 6    lot   number,   and   such   additional  clear  and  definite
 7    description as  may  be  necessary  to  determine  the  exact
 8    location   of   the  dwelling  of  the  applicant,  including
 9    post-office mailing  address.  In  the  case  of  a  homeless
10    individual,  the individual's voting residence that is his or
11    her  mailing  address  shall  be  included  on  his  or   her
12    registration record card.
13        Term  of  residence  in  the  State  of  Illinois and the
14    precinct.
15        Nativity.  The state or country in  which  the  applicant
16    was born.
17        Citizenship.   Whether  the  applicant  is native born or
18    naturalized. If naturalized, the court, place,  and  date  of
19    naturalization.
20        Date  of  application  for  registration,  i.e., the day,
21    month and year  when  the  applicant  presented  himself  for
22    registration.
23        Age.  Date of birth, by month, day and year.
24        Physical disability of the applicant, if any, at the time
25    of registration, which would require assistance in voting.
26        The  county  and  state  in  which the applicant was last
27    registered.
28        Signature of voter.  The  applicant,  after  registration
29    and in the presence of a deputy registrar or other officer of
30    registration shall be required to sign his or her name in ink
31    to  the  affidavit  on  both  the  original and the duplicate
32    registration record card.
33        Signature of deputy registrar.
34        In case applicant is unable to  sign  his  name,  he  may
 
                            -38-     LRB093 07599 BDD 16742 a
 1    affix   his   mark  to  the  affidavit.   In  such  case  the
 2    registration officer shall write a  detailed  description  of
 3    the applicant in the space provided at the bottom of the card
 4    or  sheet;  and  shall ask the following questions and record
 5    the answers thereto:
 6        Father's first name .........................
 7        Mother's first name .........................
 8        From what address did you last register? ....
 9        Reason for inability to sign name ...........
10        Each applicant for registration shall make  an  affidavit
11    in substantially the following form:
12                      AFFIDAVIT OF REGISTRATION
13    State of Illinois  )
14                       )ss
15    County of .......  )
16        I  hereby  swear  (or  affirm) that I am a citizen of the
17    United States, that on the day of the next election  I  shall
18    have  resided  in  the  State of Illinois and in the election
19    precinct 30 days and that I intend that this location  is  my
20    residence;  that  I  am fully qualified to vote, and that the
21    above statements are true.
22                                   ..............................
23                                   (His or her signature or mark)
24        Subscribed and sworn to before me on (insert date).
25    ......................................
26        Signature of registration officer
27    (to be signed in presence of registrant).
28        Space  shall  be  provided  upon   the   face   of   each
29    registration  record  card  for  the  notation  of the voting
30    record of the person registered thereon.
31        Each registration record card shall be numbered according
32    to wards or precincts,  as  the  case  may  be,  and  may  be
33    serially  or  otherwise  marked  for  identification  in such
34    manner as the Board of Election Commissioners may determine.
 
                            -39-     LRB093 07599 BDD 16742 a
 1        The registration cards shall be deemed public records and
 2    shall be open to inspection during  regular  business  hours,
 3    except during the 27 days immediately preceding any election.
 4    On written request of any candidate or objector or any person
 5    intending  to  object  to  a petition, the election authority
 6    shall extend its hours for inspection of  registration  cards
 7    and other records of the election authority during the period
 8    beginning  with  the filing of petitions under Sections 7-10,
 9    8-8, 10-6 or 28-3 and continuing through the  termination  of
10    electoral  board  hearings  on  any  objections  to petitions
11    containing   signatures   of   registered   voters   in   the
12    jurisdiction of the election authority. The  extension  shall
13    be  for  a  period  of  hours  sufficient  to  allow adequate
14    opportunity for examination of the records but  the  election
15    authority  is  not  required  to  extend its hours beyond the
16    period beginning at  its  normal  opening  for  business  and
17    ending  at  midnight.  If the business hours are so extended,
18    the election authority shall post a  public  notice  of  such
19    extended   hours.  Registration  record  cards  may  also  be
20    inspected, upon approval of the  officer  in  charge  of  the
21    cards, during the 27 days immediately preceding any election.
22    Registration record cards shall also be open to inspection by
23    certified  judges  and  poll  watchers and challengers at the
24    polling place  on  election  day,  but  only  to  the  extent
25    necessary to determine the question of the right of a  person
26    to  vote or to serve as a judge of election. At no time shall
27    poll watchers or challengers be allowed to physically  handle
28    the registration record cards.
29        Updated  copies  of  computer  tapes or computer discs or
30    other electronic data processing information containing voter
31    registration information shall be furnished by the  Board  of
32    Election  Commissioners  within 10 days after December 15 and
33    May 15 each year and within 10 days after  each  registration
34    period  is  closed  to the State Board of Elections in a form
 
                            -40-     LRB093 07599 BDD 16742 a
 1    prescribed by the State  Board.  For  the  purposes  of  this
 2    Section,  a  registration period is closed 27 days before the
 3    date  of  any  regular  or  special  election.   Registration
 4    information  shall  include,  but  not  be  limited  to,  the
 5    following   information:  name,   sex,  residence,  telephone
 6    number,  if  any,  age,  party  affiliation,  if  applicable,
 7    precinct,  ward,  township,   county,   and   representative,
 8    legislative  and  congressional  districts.   In the event of
 9    noncompliance, the State Board of Elections  is  directed  to
10    obtain  compliance  forthwith with this nondiscretionary duty
11    of the election authority by instituting legal proceedings in
12    the circuit  court  of  the  county  in  which  the  election
13    authority  maintains the registration information.  The costs
14    of furnishing updated copies of tapes or discs shall be  paid
15    at  a  rate  of  $.00034 per name of registered voters in the
16    election jurisdiction, but not less than $50 per tape or disc
17    and shall be paid from appropriations made to the State Board
18    of Elections for reimbursement to the election authority  for
19    such  purpose.  The  State Board shall furnish copies of such
20    tapes, discs, other electronic data or  compilations  thereof
21    to  state  political  committees  registered  pursuant to the
22    Illinois  Campaign  Finance  Act  or  the  Federal   Election
23    Campaign  Act at their request and at a reasonable cost.   To
24    protect the privacy and confidentiality of voter registration
25    information, the disclosure of electronic voter  registration
26    records  to any person or entity other than a State political
27    committee is specifically prohibited. Copies  of  the  tapes,
28    discs  or  other  electronic  data  shall be furnished by the
29    Board of Election Commissioners to local political committees
30    at their request and at a reasonable cost.   Reasonable  cost
31    of  the tapes, discs, et cetera for this purpose would be the
32    cost  of  duplication  plus  15%  for  administration.    The
33    individual  representing  a  political  committee  requesting
34    copies  of  such  tapes shall make a sworn affidavit that the
 
                            -41-     LRB093 07599 BDD 16742 a
 1    information shall  be  used  only  for  bona  fide  political
 2    purposes,  including  by  or  for  candidates  for  office or
 3    incumbent  office  holders.  Such  tapes,  discs   or   other
 4    electronic  data shall not be used under any circumstances by
 5    any  political  committee  or  individuals  for  purposes  of
 6    commercial solicitation or other business purposes.  If  such
 7    tapes  contain information on county residents related to the
 8    operations of county government in addition  to  registration
 9    information,  that  information  shall  not be used under any
10    circumstances for commercial solicitation or  other  business
11    purposes.   The prohibition in this Section against using the
12    computer tapes or computer discs  or  other  electronic  data
13    processing    information   containing   voter   registration
14    information for purposes of commercial solicitation or  other
15    business   purposes   shall  be  prospective  only  from  the
16    effective date of this amended Act of 1979.   Any person  who
17    violates this provision shall be guilty of a Class 4 felony.
18        The State Board of Elections shall promulgate, by October
19    1,  1987,  such  regulations  as  may  be necessary to ensure
20    uniformity throughout the State in electronic data processing
21    of voter registration  information.   The  regulations  shall
22    include,  but  need  not  be  limited  to, specifications for
23    uniform medium, communications protocol and file structure to
24    be employed by the election authorities of this State in  the
25    electronic data processing of voter registration information.
26    Each  election authority utilizing electronic data processing
27    of voter registration  information  shall  comply  with  such
28    regulations on and after May 15, 1988.
29        If  the applicant for registration was last registered in
30    another county within  this  State,  he  shall  also  sign  a
31    certificate    authorizing   cancellation   of   the   former
32    registration. The certificate shall be in  substantially  the
33    following form:
34    To the County Clerk of .... County, Illinois.
 
                            -42-     LRB093 07599 BDD 16742 a
 1    To 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
 4    your  (county), (city), I hereby authorize you to cancel that
 5    registration in your office.
 6        Dated at ...., Illinois, on (insert date).
 7                                             ....................
 8                                             (Signature of Voter)
 9        Attest ....,  Clerk,  Election  Commission  of  the  City
10    of...., Illinois.
11        The  cancellation certificate shall be mailed immediately
12    by the clerk of the Election Commission to the county  clerk,
13    (or  Election  Commission  as  the  case  may  be)  where the
14    applicant  was   formerly   registered.   Receipt   of   such
15    certificate  shall  be full authority for cancellation of any
16    previous registration.
17    (Source: P.A. 91-357,  eff.  7-29-99;  92-465,  eff.  1-1-02;
18    92-816, eff. 8-21-02.)

19        (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
20        Sec.  6-50.2.  (a)  The  board  of election commissioners
21    shall appoint all precinct committeepersons in  the  election
22    jurisdiction   as   deputy  registrars  who  may  accept  the
23    registration  of  any  qualified  resident  of  the  election
24    jurisdiction,  except  during  the  27  days   preceding   an
25    election.
26        The election authority shall appoint as deputy registrars
27    a  reasonable  number  of employees of the Secretary of State
28    located  at  driver's  license   examination   stations   and
29    designated  to  the  election  authority  by the Secretary of
30    State who  may  accept  the  registration  of  any  qualified
31    residents   of  the  county  at  any  such  driver's  license
32    examination stations.  The appointment of  employees  of  the
33    Secretary  of State as deputy registrars shall be made in the
 
                            -43-     LRB093 07599 BDD 16742 a
 1    manner provided in Section  2-105  of  the  Illinois  Vehicle
 2    Code.
 3        The board of election commissioners shall appoint each of
 4    the  following  named  persons  as deputy registrars upon the
 5    written request of such persons:
 6             1.  The  chief  librarian,  or  a  qualified  person
 7        designated by the chief librarian, of any public  library
 8        situated within the election jurisdiction, who may accept
 9        the  registrations  of  any  qualified  resident  of  the
10        election jurisdiction, at such library.
11             2.  The  principal, or a qualified person designated
12        by the principal, of any high school, elementary  school,
13        or   vocational   school  situated  within  the  election
14        jurisdiction, who may accept  the  registrations  of  any
15        resident  of  the  election jurisdiction, at such school.
16        The board of election commissioners  shall  notify  every
17        principal   and   vice-principal  of  each  high  school,
18        elementary school, and vocational school situated in  the
19        election  jurisdiction  of  their eligibility to serve as
20        deputy registrars and offer training courses for  service
21        as  deputy  registrars at conveniently located facilities
22        at least 4 months prior to every election.
23             3.  The president, or a qualified person  designated
24        by  the  president, of any university, college, community
25        college,  academy  or  other  institution   of   learning
26        situated within the election jurisdiction, who may accept
27        the   registrations  of  any  resident  of  the  election
28        jurisdiction,  at  such  university,  college,  community
29        college, academy or institution.
30             4.  A duly elected or appointed official of  a  bona
31        fide  labor  organization,  or  a  reasonable  number  of
32        qualified  members  designated  by such official, who may
33        accept the registrations of any qualified resident of the
34        election jurisdiction.
 
                            -44-     LRB093 07599 BDD 16742 a
 1             5.  A duly elected or appointed official of  a  bona
 2        fide  State civic organization, as defined and determined
 3        by rule of the State Board  of  Elections,  or  qualified
 4        members  designated  by such official, who may accept the
 5        registration of any qualified resident  of  the  election
 6        jurisdiction.   In   determining  the  number  of  deputy
 7        registrars that shall be appointed, the board of election
 8        commissioners  shall  consider  the  population  of   the
 9        jurisdiction,   the   size   of   the  organization,  the
10        geographic size of the jurisdiction, convenience for  the
11        public,  the  existing number of deputy registrars in the
12        jurisdiction  and  their   location,   the   registration
13        activities  of  the  organization and the need to appoint
14        deputy  registrars   to   assist   and   facilitate   the
15        registration  of  non-English speaking individuals. In no
16        event shall a board  of  election  commissioners  fix  an
17        arbitrary  number  applicable to every civic organization
18        requesting  appointment  of   its   members   as   deputy
19        registrars.  The  State  Board of Elections shall by rule
20        provide  for  certification  of  bona  fide  State  civic
21        organizations. Such appointments  shall  be  made  for  a
22        period  not  to  exceed 2 years, terminating on the first
23        business day of the month  following  the  month  of  the
24        general  election,  and shall be valid for all periods of
25        voter registration as provided by this  Code  during  the
26        terms of such appointments.
27             6.  The  Director  of  the  Illinois  Department  of
28        Public   Aid,   or   a  reasonable  number  of  employees
29        designated by the Director  and  located  at  public  aid
30        offices, who may accept the registration of any qualified
31        resident  of the election jurisdiction at any such public
32        aid office.
33             7.  The  Director  of  the  Illinois  Department  of
34        Employment Security, or a reasonable number of  employees
 
                            -45-     LRB093 07599 BDD 16742 a
 1        designated  by  the  Director and located at unemployment
 2        offices, who may accept the registration of any qualified
 3        resident  of  the  election  jurisdiction  at  any   such
 4        unemployment  office.  If  the request to be appointed as
 5        deputy  registrar  is  denied,  the  board  of   election
 6        commissioners  shall,  within  10 days after the date the
 7        request is submitted, provide the affected individual  or
 8        organization   with  written  notice  setting  forth  the
 9        specific reasons or criteria  relied  upon  to  deny  the
10        request to be appointed as deputy registrar.
11             8.  The  president of any corporation, as defined by
12        the Business Corporation Act of  1983,  or  a  reasonable
13        number of employees designated by such president, who may
14        accept the registrations of any qualified resident of the
15        election jurisdiction.
16        The  board  of election commissioners may appoint as many
17    additional deputy registrars as it considers necessary.   The
18    board of election commissioners shall appoint such additional
19    deputy  registrars in such manner that the convenience of the
20    public is served, giving due consideration to both population
21    concentration  and  area.   Some  of  the  additional  deputy
22    registrars shall be selected  so  that  there  are  an  equal
23    number  from  each  of  the  2 major political parties in the
24    election jurisdiction.  The board of election  commissioners,
25    in  appointing an additional deputy registrar, shall make the
26    appointment from  a  list  of  applicants  submitted  by  the
27    Chairman  of  the County Central Committee of the applicant's
28    political party.  A Chairman of a  County  Central  Committee
29    shall submit a list of applicants to the board by November 30
30    of  each  year.  The board may require a Chairman of a County
31    Central  Committee  to  furnish  a   supplemental   list   of
32    applicants.
33        Deputy  registrars  may  accept registrations at any time
34    other than the 27  day  period  preceding  an  election.  All
 
                            -46-     LRB093 07599 BDD 16742 a
 1    persons  appointed  as deputy registrars shall be  registered
 2    voters within the election jurisdiction and  shall  take  and
 3    subscribe to the following oath or affirmation:
 4        "I do solemnly swear (or affirm, as the case may be) that
 5    I will support the Constitution of the United States, and the
 6    Constitution  of  the  State  of  Illinois,  and  that I will
 7    faithfully discharge the duties of the office of registration
 8    officer to the best of my ability and that I will register no
 9    person nor cause the registration of any person  except  upon
10    his personal application before me.
11                             ....................................
12                             (Signature of Registration Officer)"
13        This  oath  shall be administered and certified to by one
14    of the commissioners or by the executive director or by  some
15    person designated by the board of election commissioners, and
16    shall  immediately  thereafter  be  filed  with  the board of
17    election commissioners.  The members of the board of election
18    commissioners and all persons authorized by  them  under  the
19    provisions  of  this  Article  to  take  registrations, after
20    themselves taking and subscribing  to  the  above  oath,  are
21    authorized  to take or administer such oaths and execute such
22    affidavits as are required by this Article.
23        Appointments of deputy  registrars  under  this  Section,
24    except  precinct  committeemen,  shall  be  for 2-year terms,
25    commencing on December 1 following the  general  election  of
26    each even-numbered year, except that the terms of the initial
27    appointments  shall  be until December 1st following the next
28    general election. Appointments of precinct committeemen shall
29    be for 2-year terms commencing on  the  date  of  the  county
30    convention  following  the general primary at which they were
31    elected.  The county  clerk  shall  issue  a  certificate  of
32    appointment  to  each deputy registrar, and shall maintain in
33    his office for public inspection a list of the names  of  all
34    appointees.
 
                            -47-     LRB093 07599 BDD 16742 a
 1        (b)  The   board   of  election  commissioners  shall  be
 2    responsible for  training  all  deputy  registrars  appointed
 3    pursuant to subsection (a), at times and locations reasonably
 4    convenient  for  both the board of election commissioners and
 5    such appointees.  The board of election  commissioners  shall
 6    be  responsible  for  certifying  and  supervising all deputy
 7    registrars appointed  pursuant  to  subsection  (a).   Deputy
 8    registrars appointed under subsection (a) shall be subject to
 9    removal for cause.
10        (c)  Completed  registration  materials under the control
11    of deputy registrars appointed  pursuant  to  subsection  (a)
12    shall  be  returned to the proper election authority within 7
13    days, except that completed registration  materials  received
14    by  the  deputy registrars during the period between the 35th
15    and 28th day preceding an election shall be returned  by  the
16    deputy  registrars to the proper election authority within 48
17    hours after  receipt  thereof.   The  completed  registration
18    materials  received  by the deputy registrars on the 28th day
19    preceding  an  election  shall  be  returned  by  the  deputy
20    registrars within 24  hours  after  receipt  thereof.  Unused
21    materials  shall  be  returned by deputy registrars appointed
22    pursuant to paragraph 4 of subsection (a), not later than the
23    next working day following the close of registration.
24        (d)  The county clerk or board of election commissioners,
25    as the  case  may  be,  must  provide  any  additional  forms
26    requested by any deputy registrar regardless of the number of
27    unaccounted  registration forms the deputy registrar may have
28    in his or her possession. The board of election commissioners
29    shall not be required to  provide  additional  forms  to  any
30    deputy  registrar  having  more  than  200 registration forms
31    unaccounted for during the preceding 12 month period.
32        (e)  No   deputy   registrar   shall   engage   in    any
33    electioneering  or  the  promotion  of  any  cause during the
34    performance of his or her duties.
 
                            -48-     LRB093 07599 BDD 16742 a
 1        (f)  The board of election  commissioners  shall  not  be
 2    criminally or civilly liable for the acts or omissions of any
 3    deputy registrar.  Such deputy registrars shall not be deemed
 4    to be employees of the board of election commissioners.
 5    (Source: P.A. 92-816, eff. 8-21-02.)

 6        (10 ILCS 5/6-79)
 7        Sec. 6-79.  Computerization of voter records.
 8        (a)  The   State   Board  of  Elections  shall  design  a
 9    registration record card that, except as  otherwise  provided
10    in  this  Section, shall be used in duplicate by all election
11    authorities in the  State  adopting  a  computer-based  voter
12    registration  file  as  provided  in this Section.  The Board
13    shall prescribe the form and  specifications,  including  but
14    not  limited  to the weight of paper, color, and print of the
15    cards.  The cards shall  contain  boxes  or  spaces  for  the
16    information required under Sections 6-31.1 and 6-35; provided
17    that  the  cards  shall  also  contain:   (i) A space for the
18    person to fill in his or her Illinois driver's license number
19    if the person has a driver's license;  (ii)  A  space  for  a
20    person  without  a  driver's license to fill in the last four
21    digits of his or her social security number if the person has
22    a social  security  number  card  a  box  or  space  for  the
23    applicant's  social  security number, which shall be required
24    to the extent allowed  by  law  but  in  no  case  shall  the
25    applicant  provide fewer than the last 4 digits of the social
26    security number, and a  box  for  the  applicant's  telephone
27    number, if available.
28        (b)  The  election  authority may develop and implement a
29    system to prepare, use, and maintain a  computer-based  voter
30    registration  file  that  includes a computer-stored image of
31    the  signature  of  each  voter.   The  computer-based  voter
32    registration file may be used for all purposes for which  the
33    original  registration  cards are to be used, provided that a
 
                            -49-     LRB093 07599 BDD 16742 a
 1    system for the storage of at least one copy of  the  original
 2    registration  cards  remains  in  effect. The electronic file
 3    shall be the master file.
 4        (c)  Any  system  created,  used,  and  maintained  under
 5    subsection (b) of  this  Section  shall  meet  the  following
 6    standards:
 7             (1)  Access to any computer-based voter registration
 8        file  shall be limited to those persons authorized by the
 9        election authority, and each access to the computer-based
10        voter registration file, other than an access solely  for
11        inquiry, shall be recorded.
12             (2)  No  copy,  summary, list, abstract, or index of
13        any computer-based voter registration file that  includes
14        any   computer-stored  image  of  the  signature  of  any
15        registered voter shall be made available  to  the  public
16        outside of the offices of the election authority.
17             (3)  Any  copy, summary, list, abstract, or index of
18        any computer-based voter registration file that  includes
19        a  computer-stored image of the signature of a registered
20        voter shall be produced in such a manner that  it  cannot
21        be reproduced.
22             (4)  Each  person  desiring  to  vote  shall sign an
23        application for a ballot, and  the  signature  comparison
24        authorized in Articles 17 and 18 of this Code may be made
25        to  a  copy of the computer-stored image of the signature
26        of the registered voter.
27             (5)  Any voter list produced from  a  computer-based
28        voter  registration  file  that  includes computer-stored
29        images of the signatures of registered voters and is used
30        in a polling place during an election shall be  preserved
31        by the election authority in secure storage until the end
32        of  the  second  calendar  year following the election in
33        which it was used.
34        (d)  Before the first  election  in  which  the  election
 
                            -50-     LRB093 07599 BDD 16742 a
 1    authority  elects  to  use  a  voter  list  produced from the
 2    computer-stored images of the signatures of registered voters
 3    in a computer-based voter  registration  file  for  signature
 4    comparison  in  a polling place, the State Board of Elections
 5    shall certify that the system used by the election  authority
 6    complies  with  the standards set forth in this Section.  The
 7    State Board of Elections  may  request  a  sample  poll  list
 8    intended  to  be used in a polling place to test the accuracy
 9    of the list and the adequacy of the computer-stored images of
10    the signatures of the registered voters.
11        (e)  With respect to a jurisdiction that has  copied  all
12    of  its  voter  signatures into a computer-based registration
13    file, all references in this Act or any other Act to the use,
14    other than storage, of paper-based voter registration records
15    shall be deemed to refer to their computer-based equivalents.
16        (f)  Nothing  in  this  Section  prevents   an   election
17    authority  from  submitting to the State Board of Elections a
18    duplicate copy of some, as the State Board of Elections shall
19    determine, or  all  of  the  data  contained  in  each  voter
20    registration  record  that  is  part of the electronic master
21    file. The duplicate copy of the registration record shall  be
22    maintained  by  the  State  Board of Elections under the same
23    terms and limitations applicable to  the  election  authority
24    and  shall  be  of  equal  legal  dignity  with  the original
25    registration record maintained by the election  authority  as
26    proof of any fact contained in the voter registration record.
27    (Source: P.A. 91-73, eff. 7-9-99.)

28        (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
29        Sec.  7-7.  For  the  purpose  of  making  nominations in
30    certain instances as provided in this Article and  this  Act,
31    the  following committees are authorized and shall constitute
32    the central or managing committees of each  political  party,
33    viz: A State central committee, a congressional committee for
 
                            -51-     LRB093 07599 BDD 16742 a
 1    each  congressional  district, a county central committee for
 2    each county, a municipal central  committee  for  each  city,
 3    incorporated  town  or  village, a ward committeeman for each
 4    ward in cities containing a population of 500,000 or more;  a
 5    township committeeman for each township or part of a township
 6    that lies outside of cities having a population of 200,000 or
 7    more, in counties having a population of 2,000,000 or more; a
 8    precinct  committeeman for each precinct in counties having a
 9    population of less than 2,000,000; a  county  board  district
10    committee  for  each  county  board  district  created  under
11    Division  2-3  of  the  Counties  Code;  a  State's  Attorney
12    committee  for each group of 2 or more counties which jointly
13    elect a State's Attorney; a  Superintendent  of  Multi-County
14    Educational  Service  Region committee for each group of 2 or
15    more counties which  jointly  elect  a  Superintendent  of  a
16    Multi-County  Educational  Service  Region;  and  a  judicial
17    subcircuit   committee  in  Cook  County  for  each  judicial
18    subcircuit in Cook County; and a  board  of  review  election
19    district  committee  for  each  Cook  County  Board of Review
20    election district.
21    (Source: P.A. 87-1052.)

22        (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
23        Sec. 7-8.  The State central committee shall be  composed
24    of one or two members from each congressional district in the
25    State and shall be elected as follows:
26                       State Central Committee
27        (a)  Within  30  days  after  the  effective date of this
28    amendatory Act of 1983 the State central  committee  of  each
29    political party shall certify to the State Board of Elections
30    which of the following alternatives it wishes to apply to the
31    State central committee of that party.
32        Alternative  A.  At the primary held on the third Tuesday
33    in March  1970,  and  at  the  primary  held  every  4  years
 
                            -52-     LRB093 07599 BDD 16742 a
 1    thereafter,  each  primary elector may vote for one candidate
 2    of his party for member of the State  central  committee  for
 3    the   congressional  district  in  which  he  resides.    The
 4    candidate receiving the highest  number  of  votes  shall  be
 5    declared   elected   State   central  committeeman  from  the
 6    district. A political party may, in lieu of the foregoing, by
 7    a majority vote of delegates at any State convention of  such
 8    party,  determine  to  thereafter  elect  the  State  central
 9    committeemen in the manner following:
10        At  the  county  convention  held by such political party
11    State central committeemen  shall  be  elected  in  the  same
12    manner  as  provided  in  this  Article  for  the election of
13    officers of the county central committee, and  such  election
14    shall  follow  the election of officers of the county central
15    committee.   Each  elected   ward,   township   or   precinct
16    committeeman  shall cast as his vote one vote for each ballot
17    voted in his ward, township, part of a township  or  precinct
18    in  the  last  preceding  primary  election  of his political
19    party. In the case of a county  lying  partially  within  one
20    congressional   district   and   partially   within   another
21    congressional  district,  each  ward,  township  or  precinct
22    committeeman   shall   vote   only   with   respect   to  the
23    congressional district in which his ward, township, part of a
24    township  or  precinct  is  located.   In  the  case   of   a
25    congressional   district  which  encompasses  more  than  one
26    county, each ward, township or precinct committeeman residing
27    within the congressional district shall cast as his vote  one
28    vote  for  each ballot voted in his ward, township, part of a
29    township or precinct in the last preceding  primary  election
30    of  his  political  party  for one candidate of his party for
31    member of the State central committee for  the  congressional
32    district  in which he resides and the Chairman  of the county
33    central committee shall report the results of the election to
34    the State Board of Elections. The State  Board  of  Elections
 
                            -53-     LRB093 07599 BDD 16742 a
 1    shall  certify  the candidate receiving the highest number of
 2    votes   elected   State   central   committeeman   for   that
 3    congressional district.
 4        The State central committee shall adopt rules to  provide
 5    for  and govern the procedures to be followed in the election
 6    of members of the State central committee.
 7        After the effective date of this amendatory  Act  of  the
 8    91st  General  Assembly,  whenever  a  vacancy  occurs in the
 9    office of Chairman of a State central committee,  or  at  the
10    end  of  the  term  of  office of Chairman, the State central
11    committee  of  each  political  party   that   has   selected
12    Alternative  A  shall  elect  a  Chairman  who  shall  not be
13    required to be a member of the State Central Committee.   The
14    Chairman shall be a registered voter in this State and of the
15    same political party as the State central committee.
16        Alternative   B.  Each   congressional  committee  shall,
17    within 30  days  after  the  adoption  of  this  alternative,
18    appoint  a  person  of the sex opposite that of the incumbent
19    member  for  that  congressional  district  to  serve  as  an
20    additional member of the State central committee until his or
21    her successor is elected at the general primary  election  in
22    1986.    Each   congressional   committee   shall  make  this
23    appointment by voting on the basis set forth in paragraph (e)
24    of this  Section.  In  each  congressional  district  at  the
25    general  primary  election  held  in  1986  and every 4 years
26    thereafter, the male candidate receiving the  highest  number
27    of  votes  of  the  party's male candidates for State central
28    committeeman, and the female candidate receiving the  highest
29    number  of  votes  of the party's female candidates for State
30    central  committeewoman,  shall  be  declared  elected  State
31    central committeeman and State  central  committeewoman  from
32    the  district.   At the general primary election held in 1986
33    and every 4 years thereafter, if all a party's candidates for
34    State central committeemen or  State  central  committeewomen
 
                            -54-     LRB093 07599 BDD 16742 a
 1    from  a  congressional  district  are  of  the  same sex, the
 2    candidate receiving the highest  number  of  votes  shall  be
 3    declared  elected  a  State  central  committeeman  or  State
 4    central  committeewoman  from the district, and, because of a
 5    failure to elect one male and one female to the committee,  a
 6    vacancy  shall  be  declared  to  exist  in the office of the
 7    second  member  of  the  State  central  committee  from  the
 8    district.  This vacancy shall be filled by appointment by the
 9    congressional committee  of  the  political  party,  and  the
10    person  appointed  to fill the vacancy shall be a resident of
11    the congressional district and of the sex  opposite  that  of
12    the  committeeman  or  committeewoman  elected at the general
13    primary election.  Each congressional  committee  shall  make
14    this  appointment  by  voting  on  the  basis  set  forth  in
15    paragraph (e) of this Section.
16        The  Chairman  of  a  State central committee composed as
17    provided in this Alternative B  must  be  selected  from  the
18    committee's members.
19        Except  as  provided for in Alternative A with respect to
20    the selection of the Chairman of the State central committee,
21    under both of the foregoing alternatives, the  State  central
22    committee  of  each  political  party  shall  be  composed of
23    members elected or appointed from the  several  congressional
24    districts  of  the  State,  and of no other person or persons
25    whomsoever.  The  members  of  the  State  central  committee
26    shall,  within 30 days after each quadrennial election of the
27    full committee, meet in the city of Springfield and  organize
28    by  electing  a  chairman,  and  may  at such time elect such
29    officers from among their own number (or otherwise), as  they
30    may deem necessary or expedient. The outgoing chairman of the
31    State  central  committee  of the party shall, 10 days before
32    the  meeting,  notify  each  member  of  the  State   central
33    committee  elected  at  the  primary of the time and place of
34    such meeting. In the  organization  and  proceedings  of  the
 
                            -55-     LRB093 07599 BDD 16742 a
 1    State  central committee, each State central committeeman and
 2    State central committeewoman shall have  one  vote  for  each
 3    ballot  voted  in  his  or  her congressional district by the
 4    primary electors of his or her party at the primary  election
 5    immediately  preceding  the  meeting  of  the  State  central
 6    committee.  Whenever  a  vacancy  occurs in the State central
 7    committee of any political party, the vacancy shall be filled
 8    by  appointment  of  the  chairmen  of  the  county   central
 9    committees  of  the  political  party of the counties located
10    within the congressional district in which the vacancy occurs
11    and, if applicable, the ward and township committeemen of the
12    political party in counties of 2,000,000 or more  inhabitants
13    located   within   the   congressional   district.    If  the
14    congressional district  in  which  the  vacancy  occurs  lies
15    wholly  within a county of 2,000,000 or more inhabitants, the
16    ward and township committeemen of the political party in that
17    congressional district shall vote to fill  the  vacancy.   In
18    voting to fill the vacancy, each chairman of a county central
19    committee and each ward and township committeeman in counties
20    of 2,000,000 or more inhabitants shall have one vote for each
21    ballot  voted  in each precinct of the congressional district
22    in which the vacancy exists of his or her  county,  township,
23    or  ward  cast by the primary electors of his or her party at
24    the primary election immediately  preceding  the  meeting  to
25    fill  the vacancy in the State central committee.  The person
26    appointed to fill the vacancy shall  be  a  resident  of  the
27    congressional  district in which the vacancy occurs, shall be
28    a qualified voter, and, in a committee composed  as  provided
29    in  Alternative  B,  shall  be  of the same sex as his or her
30    predecessor. A political party may, by a majority vote of the
31    delegates of any State convention of such party, determine to
32    return to the election  of  State  central  committeeman  and
33    State central committeewoman by the vote of primary electors.
34    Any  action  taken by a political party at a State convention
 
                            -56-     LRB093 07599 BDD 16742 a
 1    in accordance with this Section  shall  be  reported  to  the
 2    State  Board  of  Elections  by the chairman and secretary of
 3    such convention within 10 days after such action.
 4              Ward, Township and Precinct Committeemen
 5        (b)  At the primary held on the third Tuesday  in  March,
 6    1972,  and  every 4 years thereafter, each primary elector in
 7    cities having a population of 200,000 or over  may  vote  for
 8    one candidate of his party in his ward for ward committeeman.
 9    Each  candidate  for  ward committeeman must be a resident of
10    and  in  the  ward  where  he  seeks  to  be   elected   ward
11    committeeman.  The  one  having  the  highest number of votes
12    shall be such ward committeeman of such party for such  ward.
13    At  the  primary election held on the third Tuesday in March,
14    1970, and every 4 years thereafter, each primary  elector  in
15    counties  containing  a  population  of  2,000,000  or  more,
16    outside of cities containing a population of 200,000 or more,
17    may  vote  for  one  candidate  of  his  party  for  township
18    committeeman.  Each  candidate for township committeeman must
19    be a resident of and in the township or part  of  a  township
20    (which  lies outside of a city having a population of 200,000
21    or more, in counties containing a population of 2,000,000  or
22    more),  and  in which township or part of a township he seeks
23    to be elected  township  committeeman.  The  one  having  the
24    highest  number  of votes shall be such township committeeman
25    of such party for such township or part of a township. At the
26    primary held on the third Tuesday in March, 1970 and every  2
27    years  thereafter,  each  primary elector, except in counties
28    having a population of 2,000,000 or over, may  vote  for  one
29    candidate   of   his  party  in  his  precinct  for  precinct
30    committeeman. Each candidate for precinct  committeeman  must
31    be  a bona fide resident of the precinct where he seeks to be
32    elected precinct committeeman. The  one  having  the  highest
33    number  of  votes shall be such precinct committeeman of such
34    party for such precinct. The official returns of the  primary
 
                            -57-     LRB093 07599 BDD 16742 a
 1    shall  show  the  name  of the committeeman of each political
 2    party.
 3        Terms of Committeemen. All precinct committeemen  elected
 4    under  the  provisions of this Article shall continue as such
 5    committeemen until the date of the primary to be held in  the
 6    second   year  after  their  election.  Except  as  otherwise
 7    provided  in  this  Section   for   certain   State   central
 8    committeemen  who  have  2  year  terms,  all  State  central
 9    committeemen,  township  committeemen  and  ward committeemen
10    shall continue as such committeemen until the date of primary
11    to be held in the fourth year after their election.  However,
12    a  vacancy exists in the office of precinct committeeman when
13    a precinct committeeman ceases to reside in the  precinct  in
14    which  he  was  elected  and such precinct committeeman shall
15    thereafter neither have nor exercise any  rights,  powers  or
16    duties  as committeeman in that precinct, even if a successor
17    has not been elected or appointed.
18        (c)  The Multi-Township Central Committee  shall  consist
19    of   the   precinct   committeemen  of  such  party,  in  the
20    multi-township assessing district formed pursuant to  Section
21    2-10  of the Property Tax Code and shall be organized for the
22    purposes set forth in Section 45-25 of the Township Code.  In
23    the   organization  and  proceedings  of  the  Multi-Township
24    Central Committee each precinct committeeman shall  have  one
25    vote  for  each  ballot  voted in his precinct by the primary
26    electors of his party at the primary at which he was elected.
27                      County Central Committee
28        (d)  The county central committee of each political party
29    in  each  county  shall  consist  of  the  various   township
30    committeemen, precinct committeemen and ward committeemen, if
31    any,  of  such  party  in the county. In the organization and
32    proceedings of the county central  committee,  each  precinct
33    committeeman shall have one vote for each ballot voted in his
34    precinct  by the primary electors of his party at the primary
 
                            -58-     LRB093 07599 BDD 16742 a
 1    at which he was elected;  each  township  committeeman  shall
 2    have  one  vote for each ballot voted in his township or part
 3    of a township as the case may be by the primary  electors  of
 4    his  party  at  the  primary  election  for the nomination of
 5    candidates for election to the General  Assembly  immediately
 6    preceding the meeting of the county central committee; and in
 7    the  organization  and  proceedings  of  the  county  central
 8    committee,  each  ward  committeeman  shall have one vote for
 9    each ballot voted in his ward by the primary electors of  his
10    party   at   the  primary  election  for  the  nomination  of
11    candidates for election to the General  Assembly  immediately
12    preceding the meeting of the county central committee.
13       Cook County Board of Review Election District Committee
14        (d-1)  Each  board  of review election district committee
15    of each political party in Cook County shall consist  of  the
16    various  township committeemen and ward committeemen, if any,
17    of that party in the portions of  the  county  composing  the
18    board  of  review election district.  In the organization and
19    proceedings of each of the 3  election  district  committees,
20    each  township  committeeman  shall  have  one  vote for each
21    ballot voted in his or her township or part of a township, as
22    the case may be, by the primary electors of his or her  party
23    at  the primary election immediately preceding the meeting of
24    the board of review election district committee; and  in  the
25    organization  and  proceedings  of  each  of  the  3 election
26    district committees, each ward committeeman  shall  have  one
27    vote for each ballot voted in his or her ward or part of that
28    ward,  as  the case may be, by the primary electors of his or
29    her party at the primary election immediately  preceding  the
30    meeting of the board of review election district committee.
31                       Congressional Committee
32        (e)  The  congressional  committee  of each party in each
33    congressional district shall be composed of the  chairmen  of
34    the  county  central committees of the counties composing the
 
                            -59-     LRB093 07599 BDD 16742 a
 1    congressional  district,   except   that   in   congressional
 2    districts wholly within the territorial limits of one county,
 3    or partly within 2 or more counties, but not coterminous with
 4    the  county  lines  of  all  of  such  counties, the precinct
 5    committeemen, township committeemen and ward committeemen, if
 6    any, of the  party  representing  the  precincts  within  the
 7    limits  of  the  congressional  district,  shall  compose the
 8    congressional committee. A State central committeeman in each
 9    district shall be a  member  and  the  chairman  or,  when  a
10    district  has  2 State central committeemen, a co-chairman of
11    the congressional committee, but shall not have the right  to
12    vote except in case of a tie.
13        In  the  organization  and  proceedings  of congressional
14    committees composed  of  precinct  committeemen  or  township
15    committeemen   or   ward  committeemen,  or  any  combination
16    thereof, each precinct committeeman shall have one  vote  for
17    each  ballot voted in his precinct by the primary electors of
18    his party at the  primary  at  which  he  was  elected,  each
19    township  committeeman  shall  have  one vote for each ballot
20    voted in his township or part of a township as the  case  may
21    be  by  the  primary  electors  of  his  party at the primary
22    election   immediately   preceding   the   meeting   of   the
23    congressional committee, and  each  ward  committeeman  shall
24    have  one  vote for each ballot voted in each precinct of his
25    ward located in such congressional district  by  the  primary
26    electors  of  his  party  at the primary election immediately
27    preceding the meeting of the congressional committee; and  in
28    the  organization and proceedings of congressional committees
29    composed of the chairmen of the county central committees  of
30    the  counties  within  such  district,  each chairman of such
31    county central committee shall have one vote for each  ballot
32    voted  in  his county by the primary electors of his party at
33    the primary election immediately preceding the meeting of the
34    congressional committee.
 
                            -60-     LRB093 07599 BDD 16742 a
 1                     Judicial District Committee
 2        (f)  The judicial district committee  of  each  political
 3    party  in  each  judicial  district  shall be composed of the
 4    chairman of the county central  committees  of  the  counties
 5    composing the judicial district.
 6        In  the organization and proceedings of judicial district
 7    committees composed of the chairmen  of  the  county  central
 8    committees   of  the  counties  within  such  district,  each
 9    chairman of such county central committee shall have one vote
10    for each ballot voted in his county by the  primary  electors
11    of  his  party  at the primary election immediately preceding
12    the meeting of the judicial district committee.
13                       Circuit Court Committee
14        (g)  The circuit court committee of each political  party
15    in  each  judicial  circuit  outside  Cook  County  shall  be
16    composed  of the chairmen of the county central committees of
17    the counties composing the judicial circuit.
18        In the organization  and  proceedings  of  circuit  court
19    committees, each chairman of a county central committee shall
20    have  one  vote  for  each  ballot voted in his county by the
21    primary  electors  of  his  party  at  the  primary  election
22    immediately  preceding  the  meeting  of  the  circuit  court
23    committee.
24                    Judicial Subcircuit Committee
25        (g-1)  The  judicial   subcircuit   committee   of   each
26    political  party  in  each judicial subcircuit in Cook County
27    shall be composed of the ward and  township  committeemen  of
28    the townships and wards composing the judicial subcircuit.
29        In  the  organization  and  proceedings  of each judicial
30    subcircuit committee, each township committeeman  shall  have
31    one  vote  for each ballot voted in his township or part of a
32    township, as the case may be, in the judicial  subcircuit  by
33    the  primary  electors  of  his party at the primary election
34    immediately preceding the meeting of the judicial  subcircuit
 
                            -61-     LRB093 07599 BDD 16742 a
 1    committee; and each ward committeeman shall have one vote for
 2    each  ballot voted in his ward or part of a ward, as the case
 3    may be, in the judicial subcircuit by the primary electors of
 4    his party at the primary election immediately  preceding  the
 5    meeting of the judicial subcircuit committee.
 6                     Municipal Central Committee
 7        (h)  The  municipal  central  committee of each political
 8    party shall be composed of the  precinct,  township  or  ward
 9    committeemen,  as the case may be, of such party representing
10    the precincts or wards, embraced in such  city,  incorporated
11    town  or  village.  The  voting  strength  of  each precinct,
12    township  or  ward  committeeman  on  the  municipal  central
13    committee shall be the same as his  voting  strength  on  the
14    county central committee.
15        For  political  parties, other than a statewide political
16    party, established only within a  municipality  or  township,
17    the   municipal  or  township  managing  committee  shall  be
18    composed of the  party  officers  of  the  local  established
19    party.  The party officers of a local established party shall
20    be  as  follows: the chairman and secretary of the caucus for
21    those municipalities and townships authorized by  statute  to
22    nominate  candidates  by caucus shall serve as party officers
23    for the purpose of  filling  vacancies  in  nomination  under
24    Section  7-61; for municipalities and townships authorized by
25    statute or ordinance to nominate candidates by  petition  and
26    primary  election,  the  party  officers shall be the party's
27    candidates who are nominated at the  primary.   If  no  party
28    primary  was  held  because of the provisions of Section 7-5,
29    vacancies in  nomination  shall  be  filled  by  the  party's
30    remaining candidates who shall serve as the party's officers.
31                               Powers
32        (i)  Each  committee  and  its  officers  shall  have the
33    powers usually  exercised  by  such  committees  and  by  the
34    officers  thereof,  not  inconsistent  with the provisions of
 
                            -62-     LRB093 07599 BDD 16742 a
 1    this Article. The  several  committees  herein  provided  for
 2    shall  not  have  power  to  delegate any of their powers, or
 3    functions to any other person, officer or committee, but this
 4    shall not be construed to prevent a committee from appointing
 5    from its own membership proper and necessary subcommittees.
 6        (j)  The State central committee  of  a  political  party
 7    which  elects it members by Alternative B under paragraph (a)
 8    of this Section shall adopt a plan  to  give  effect  to  the
 9    delegate  selection rules of the national political party and
10    file a copy of such plan with the State  Board  of  Elections
11    when approved by a national political party.
12        (k)  For  the  purpose of the designation of a proxy by a
13    Congressional Committee to vote in place of an  absent  State
14    central  committeeman  or  committeewoman  at meetings of the
15    State central committee of a political party which elects its
16    members by Alternative B under paragraph (a) of this Section,
17    the proxy shall be appointed by the  vote  of  the  ward  and
18    township  committeemen,  if  any,  of the wards and townships
19    which lie entirely  or  partially  within  the  Congressional
20    District  from which the absent State central committeeman or
21    committeewoman was elected and the vote of  the  chairmen  of
22    the  county  central  committees  of those counties which lie
23    entirely or partially within that Congressional District  and
24    in  which  there  are  no ward or township committeemen. When
25    voting for such proxy the county chairman, ward  committeeman
26    or  township  committeeman, as the case may be shall have one
27    vote for each ballot voted in his county, ward  or  township,
28    or  portion thereof within the Congressional District, by the
29    primary electors of his party at the primary at which he  was
30    elected.  However,  the  absent State central committeeman or
31    committeewoman may designate a proxy when  permitted  by  the
32    rules  of  a  political  party  which  elects  its members by
33    Alternative B under paragraph (a) of this Section.
34    (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)
 
                            -63-     LRB093 07599 BDD 16742 a
 1        (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
 2        Sec. 7-10.  Form of petition for nomination. The name  of
 3    no  candidate  for nomination, or State central committeeman,
 4    or township committeeman, or precinct committeeman,  or  ward
 5    committeeman  or candidate for delegate or alternate delegate
 6    to national nominating conventions, shall be printed upon the
 7    primary ballot unless a  petition  for  nomination  has  been
 8    filed   in   his  behalf  as  provided  in  this  Article  in
 9    substantially the following form:
10        We, the undersigned, members of and affiliated  with  the
11    ....  party and qualified primary electors of the .... party,
12    in the .... of ...., in the  county  of  ....  and  State  of
13    Illinois,  do hereby petition that the following named person
14    or persons shall be a candidate or  candidates  of  the  ....
15    party  for the nomination for (or in case of committeemen for
16    election to) the office or offices hereinafter specified,  to
17    be  voted  for  at the primary election to be held on (insert
18    date).
19             Name             Office                Address
20        John Jones           Governor           Belvidere, Ill.
21       Thomas Smith      Attorney General        Oakland, Ill.

22    Name..................         Address.......................

23    State of Illinois)
24                     ) ss.
25    County of........)
26        I, ...., do hereby certify that  I  reside  at  No.  ....
27    street,  in  the  ....  of ...., county of ...., and State of
28    ....., that I am 18 years of  age  or  older,  that  I  am  a
29    citizen of the United States, and that the signatures on this
30    sheet  were  signed in my presence, and are genuine, and that
31    to the best of my knowledge and belief the persons so signing
32    were at the time of signing the petitions qualified voters of
33    the .... party, and  that  their  respective  residences  are
 
                            -64-     LRB093 07599 BDD 16742 a
 1    correctly stated, as above set forth.
 2                                        .........................
 3        Subscribed and sworn to before me on (insert date).
 4                                        .........................

 5        Each  sheet  of  the petition other than the statement of
 6    candidacy and candidate's statement shall be of uniform  size
 7    and   shall   contain  above  the  space  for  signatures  an
 8    appropriate heading giving the  information  as  to  name  of
 9    candidate  or  candidates,  in  whose behalf such petition is
10    signed; the office, the political party represented and place
11    of residence; and the heading of  each  sheet  shall  be  the
12    same.
13        Such  petition  shall  be  signed  by  qualified  primary
14    electors  residing  in  the  political division for which the
15    nomination is sought in their own  proper  persons  only  and
16    opposite  the signature of each signer, his residence address
17    shall be written or printed.  The residence address  required
18    to  be  written  or  printed  opposite each qualified primary
19    elector's name shall include  the  street  address  or  rural
20    route  number  of  the signer, as the case may be, as well as
21    the signer's county, and city, village or  town,  and  state.
22    However  the  county  or  city, village or town, and state of
23    residence of the electors may  be  printed  on  the  petition
24    forms  where  all of the electors signing the petition reside
25    in the same county or  city,  village  or  town,  and  state.
26    Standard  abbreviations  may be used in writing the residence
27    address, including street number, if any.  At the  bottom  of
28    each  sheet  of  such  petition  shall  be added a circulator
29    statement signed by a person 18 years of age or older who  is
30    a citizen of the United States, stating the street address or
31    rural  route  number,  as  the  case  may  be, as well as the
32    county, city, village or town, and state; and certifying that
33    the signatures on that sheet of the petition were  signed  in
34    his  or  her  presence and certifying that the signatures are
 
                            -65-     LRB093 07599 BDD 16742 a
 1    genuine; and either (1) indicating the dates  on  which  that
 2    sheet  was  circulated,  or (2) indicating the first and last
 3    dates on which the sheet was circulated,  or  (3)  certifying
 4    that  none  of  the  signatures on the sheet were signed more
 5    than 90 days preceding the last day for  the  filing  of  the
 6    petition  and  certifying  that  to  the  best  of his or her
 7    knowledge  and belief the persons so signing were at the time
 8    of signing the petitions qualified voters  of  the  political
 9    party  for which a nomination is sought. Such statement shall
10    be sworn to before  some  officer  authorized  to  administer
11    oaths in this State.
12        No  petition  sheet shall be circulated more than 90 days
13    preceding the last day  provided  in  Section  7-12  for  the
14    filing of such petition.
15        The  person circulating the petition, or the candidate on
16    whose behalf the  petition  is  circulated,  may  strike  any
17    signature from the petition, provided that:
18             (1)  the person striking the signature shall initial
19        the  petition at the place where the signature is struck;
20        and
21             (2)  the person striking the signature shall sign  a
22        certification  listing the page number and line number of
23        each  signature   struck   from   the   petition.    Such
24        certification shall be filed as a part of the petition.
25        Such  sheets  before being filed shall be neatly fastened
26    together in book form, by placing the sheets in  a  pile  and
27    fastening  them together at one edge in a secure and suitable
28    manner, and the sheets shall then be numbered  consecutively.
29    The sheets shall not be fastened by pasting them together end
30    to  end,  so  as  to  form  a  continuous strip or roll.  All
31    petition  sheets  which  are  filed  with  the  proper  local
32    election officials, election authorities or the  State  Board
33    of  Elections  shall  be  the original sheets which have been
34    signed by the voters and by the circulator thereof,  and  not
 
                            -66-     LRB093 07599 BDD 16742 a
 1    photocopies or duplicates of such sheets.  Each petition must
 2    include  as a part thereof, a statement of candidacy for each
 3    of the candidates filing, or in whose behalf the petition  is
 4    filed.  This  statement  shall  set  out  the address of such
 5    candidate, the office for which  he  is  a  candidate,  shall
 6    state  that the candidate is a qualified primary voter of the
 7    party to which the petition relates and is qualified for  the
 8    office  specified  (in  the  case  of a candidate for State's
 9    Attorney it shall state that the candidate is at the time  of
10    filing  such  statement  a  licensed  attorney-at-law of this
11    State), shall state that he has filed (or  will  file  before
12    the  close  of  the  petition  filing  period) a statement of
13    economic interests as required by the  Illinois  Governmental
14    Ethics Act, shall request that the candidate's name be placed
15    upon  the  official ballot, and shall be subscribed and sworn
16    to by such candidate before some officer authorized  to  take
17    acknowledgment  of  deeds  in  the  State  and  shall  be  in
18    substantially the following form:
19                       Statement of Candidacy
20       Name      Address       Office      District      Party
21    John Jones  102 Main St.  Governor    Statewide    Republican
22                Belvidere,
23                 Illinois

24    State of Illinois)
25                     ) ss.
26    County of .......)
27        I,  ....,  being  first  duly sworn, say that I reside at
28    .... Street in the city (or village) of ...., in  the  county
29    of  ....,  State  of  Illinois;  that  I am a qualified voter
30    therein and am a qualified primary voter of the  ....  party;
31    that  I  am  a  candidate for nomination (for election in the
32    case of committeeman and delegates and  alternate  delegates)
33    to  the  office  of  ....  to  be  voted  upon at the primary
34    election to be held on  (insert  date);  that  I  am  legally
 
                            -67-     LRB093 07599 BDD 16742 a
 1    qualified (including being the holder of any license that may
 2    be  an  eligibility  requirement  for  the  office I seek the
 3    nomination for) to hold such office and that I have filed (or
 4    I will file before the close of the petition filing period) a
 5    statement of economic interests as required by  the  Illinois
 6    Governmental  Ethics Act and I hereby request that my name be
 7    printed upon the official primary ballot for  nomination  for
 8    (or election to in the case of committeemen and delegates and
 9    alternate delegates) such office.
10                                    Signed ......................
11        Subscribed  and sworn to (or affirmed) before me by ....,
12    who is to me personally known, on (insert date).
13                                      Signed ....................
14                        (Official Character)
15    (Seal, if officer has one.)

16        The petitions, when filed,  shall  not  be  withdrawn  or
17    added  to,  and  no  signatures  shall  be  revoked except by
18    revocation  filed  in  writing  with  the  State   Board   of
19    Elections, election authority or local election official with
20    whom  the  petition  is  required to be filed, and before the
21    filing of such petition.  Whoever forges the name of a signer
22    upon any petition required by this Article is  deemed  guilty
23    of  a  forgery  and  on  conviction thereof shall be punished
24    accordingly.
25        A candidate for the offices listed in this  Section  must
26    obtain  the number of signatures specified in this Section on
27    his or her petition for nomination.
28        (a)  Statewide  office  or   delegate   to   a   national
29    nominating  convention.  If  a  candidate  seeks  to  run for
30    statewide office or as a delegate or alternate delegate to  a
31    national   nominating   convention  elected  from  the  State
32    at-large, then the candidate's petition for  nomination  must
33    contain at least 5,000 but not more than 10,000 signatures.
34        (b)  Congressional  office or congressional delegate to a
 
                            -68-     LRB093 07599 BDD 16742 a
 1    national nominating convention. If a candidate seeks  to  run
 2    for  United States Congress or as a congressional delegate or
 3    alternate congressional delegate  to  a  national  nominating
 4    convention  elected  from  a congressional district, then the
 5    candidate's petition for nomination must contain at least the
 6    number of signatures equal to 0.5% of the  qualified  primary
 7    electors  of  his  or  her  party in his or her congressional
 8    district.  In  the  first  primary   election   following   a
 9    redistricting   of  congressional  districts,  a  candidate's
10    petition for nomination must contain at least 600  signatures
11    of  qualified  primary  electors of the candidate's political
12    party in his or her congressional district.
13        (c)  County office. If a candidate seeks to run  for  any
14    countywide  office, including but not limited to county board
15    chairperson or county board member, elected  on  an  at-large
16    basis,   in  a  county  other  than  Cook  County,  then  the
17    candidate's petition for nomination must contain at least the
18    number of signatures equal to 0.5% of the qualified  electors
19    of  his  or  her  party  who cast votes at the last preceding
20    general election in his or her county. If a  candidate  seeks
21    to  run  for  county board member elected from a county board
22    district, then the candidate's petition for  nomination  must
23    contain  at  least  the number of signatures equal to 0.5% of
24    the qualified primary electors of his or  her  party  in  the
25    county   board   district.  In  the  first  primary  election
26    following a redistricting of county board  districts  or  the
27    initial   establishment   of   county   board   districts,  a
28    candidate's petition for nomination must contain at least the
29    number of signatures equal to 0.5% of the qualified  electors
30    of  his  or  her party in the entire county who cast votes at
31    the last preceding general  election  divided  by  the  total
32    number of county board districts comprising the county board;
33    provided  that  in no event shall the number of signatures be
34    less than 25.
 
                            -69-     LRB093 07599 BDD 16742 a
 1        (d)  County office; Cook County only.
 2             (1)  If a candidate  seeks  to  run  for  countywide
 3        office  in Cook County, then the candidate's petition for
 4        nomination must contain at least the number of signatures
 5        equal to 0.5% of the qualified electors  of  his  or  her
 6        party  who  cast  votes  at  the  last  preceding general
 7        election in Cook County.
 8             (2)  If a candidate seeks to  run  for  Cook  County
 9        Board  Commissioner,  then  the  candidate's petition for
10        nomination must contain at least the number of signatures
11        equal to 0.5% of the qualified primary electors of his or
12        her party in his or her county  board  district.  In  the
13        first  primary election following a redistricting of Cook
14        County Board of Commissioners  districts,  a  candidate's
15        petition  for nomination must contain at least the number
16        of signatures equal to 0.5% of the qualified electors  of
17        his  or  her party in the entire county who cast votes at
18        the last preceding general election divided by the  total
19        number  of  county  board districts comprising the county
20        board; provided that in no  event  shall  the  number  of
21        signatures be less than 25.
22             (3)  If  a  candidate  seeks  to run for Cook County
23        Board of Review Commissioner, which  is  elected  from  a
24        district pursuant to subsection (c) of Section 5-5 of the
25        Property  Tax  Code,  then  the  candidate's petition for
26        nomination must contain at least the number of signatures
27        equal to 0.5% of the total number of registered voters in
28        his or her board of review district in the  last  general
29        election  at which a commissioner was regularly scheduled
30        to be elected from that board of review district.  In  no
31        event  shall the number of signatures required be greater
32        than the requisite  number  for  a  candidate  who  seeks
33        countywide  office in Cook County under subsection (d)(1)
34        of this Section. In the first primary election  following
 
                            -70-     LRB093 07599 BDD 16742 a
 1        a redistricting of Cook County Board of Review districts,
 2        a  candidate's  petition  for  nomination must contain at
 3        least  4,000  signatures  or  at  least  the  number   of
 4        signatures  required  for a county-wide candidate in Cook
 5        County, whichever is less, of the qualified  electors  of
 6        his or her party in the district.
 7        (e)  Municipal  or  township office. If a candidate seeks
 8    to run for municipal or township office, then the candidate's
 9    petition for nomination must contain at least the  number  of
10    signatures equal to 0.5% of the qualified primary electors of
11    his  or  her  party  in  the  municipality  or township. If a
12    candidate seeks to run for alderman of a  municipality,  then
13    the candidate's petition for nomination must contain at least
14    the  number  of  signatures  equal  to  0.5% of the qualified
15    primary electors of his or her party  of  the  ward.  In  the
16    first  primary election following redistricting of aldermanic
17    wards or trustee districts of a municipality or  the  initial
18    establishment  of  wards or districts, a candidate's petition
19    for nomination must contain the number of signatures equal to
20    at least 0.5% of the total  number  of  votes  cast  for  the
21    candidate  of  that  political party who received the highest
22    number of votes  in  the  entire  municipality  at  the  last
23    regular  election at which an officer was regularly scheduled
24    to be elected from the entire municipality,  divided  by  the
25    number of wards or districts. In no event shall the number of
26    signatures be less than 25.
27        (f)  State  central committeeperson. If a candidate seeks
28    to  run  for  State   central   committeeperson,   then   the
29    candidate's petition for nomination must contain at least 100
30    signatures of the primary electors of his or her party of his
31    or her congressional district.
32        (g)  Sanitary  district  trustee. If a candidate seeks to
33    run for trustee of a sanitary district in which trustees  are
34    not  elected  from  wards,  then the candidate's petition for
 
                            -71-     LRB093 07599 BDD 16742 a
 1    nomination must contain at least  the  number  of  signatures
 2    equal  to  0.5%  of  the primary electors of his or her party
 3    from the sanitary district. If a candidate seeks to  run  for
 4    trustee  of a sanitary district in which trustees are elected
 5    from wards, then the candidate's petition for nomination must
 6    contain at least the number of signatures equal  to  0.5%  of
 7    the  primary electors of his or her party in the ward of that
 8    sanitary district. In the first  primary  election  following
 9    redistricting  of  sanitary  districts  elected from wards, a
10    candidate's petition for nomination must contain at least the
11    signatures of 150 qualified primary electors of  his  or  her
12    ward of that sanitary district.
13        (h)  Judicial  office.  If  a  candidate seeks to run for
14    judicial office in a district, circuit, or  subcircuit,  then
15    the  candidate's  petition  for  nomination  must contain the
16    number of signatures equal to 0.25% of the  number  of  votes
17    cast for the judicial candidate of his or her political party
18    who  received the highest number of votes at the last general
19    election at which a judicial officer from the same  district,
20    circuit, or subcircuit was regularly scheduled to be elected,
21    but in no event less than 500 signatures.
22        (i)  Precinct,  ward,  and township committeeperson. If a
23    candidate seeks to run for precinct committeeperson, then the
24    candidate's petition for nomination must contain at least  10
25    signatures  of  the  primary electors of his or her party for
26    the  precinct.  If  a  candidate  seeks  to  run   for   ward
27    committeeperson, then the candidate's petition for nomination
28    must  contain  no less than the number of signatures equal to
29    10% of the primary electors of his or her party of the  ward,
30    but  no  more  than 16% of those same electors; provided that
31    the maximum number of signatures may  be  50  more  than  the
32    minimum number, whichever is greater. If a candidate seeks to
33    run   for  township  committeeperson,  then  the  candidate's
34    petition for nomination must contain no less than the  number
 
                            -72-     LRB093 07599 BDD 16742 a
 1    of  signatures  equal to 5% of the primary electors of his or
 2    her party of the township, but no more than 8% of those  same
 3    electors;  provided that the maximum number of signatures may
 4    be 50 more than the minimum number, whichever is greater.
 5        (j)  State's  attorney  or  regional  superintendent   of
 6    schools  for  multiple  counties. If a candidate seeks to run
 7    for State's attorney or regional  Superintendent  of  Schools
 8    who  serves  more  than  one  county,  then  the  candidate's
 9    petition  for  nomination must contain at least the number of
10    signatures equal to 0.5% of the primary electors  of  his  or
11    her party in the territory comprising the counties.
12        (k)  Any  other  office.  If  a candidate seeks any other
13    office, then the candidate's  petition  for  nomination  must
14    contain  at  least  the number of signatures equal to 0.5% of
15    the registered voters of the political subdivision, district,
16    or  division  for  which  the  nomination  is  made   or   25
17    signatures, whichever is greater.
18        For  purposes  of  this  Section  the  number  of primary
19    electors shall be determined by taking the total  vote  cast,
20    in  the  applicable  district,  for  the  candidate  for that
21    political party who received the  highest  number  of  votes,
22    statewide, at the last general election in the State at which
23    electors for President of the United States were elected. For
24    political  subdivisions, the number of primary electors shall
25    be determined by taking the total vote cast for the candidate
26    for that political party who received the highest  number  of
27    votes  in  the  political  subdivision  at  the  last regular
28    election at which an officer was regularly  scheduled  to  be
29    elected  from  that  subdivision.  For  wards or districts of
30    political subdivisions, the number of primary electors  shall
31    be determined by taking the total vote cast for the candidate
32    for  that  political party who received the highest number of
33    votes in the ward or district at the last regular election at
34    which an officer was regularly scheduled to be  elected  from
 
                            -73-     LRB093 07599 BDD 16742 a
 1    that ward or district.
 2        A  "qualified  primary  elector"  of a party may not sign
 3    petitions for or be a candidate in the primary of  more  than
 4    one party.
 5        The  changes  made to this Section of this amendatory Act
 6    of the 93rd General Assembly are declarative of existing law,
 7    except for the item (3) of subsection (d).
 8        Petitions of candidates for nomination for offices herein
 9    specified, to be filed with the same officer, may contain the
10    names of 2 or more candidates of the same political party for
11    the same or different offices.
12        Such petitions for nominations shall be signed:
13             (a)  If for a  State  office,  or  for  delegate  or
14        alternate  delegate to be elected from the State at large
15        to a National nominating  convention  by  not  less  than
16        5,000 nor more than 10,000 primary electors of his party.
17             (b)  If  for a congressional officer or for delegate
18        or alternate delegate to be elected from a  congressional
19        district  to a national nominating convention by at least
20        .5% of the qualified primary electors of his party in his
21        congressional district, except that for the first primary
22        following a redistricting of congressional districts such
23        petitions shall be  signed  by  at  least  600  qualified
24        primary   electors   of  the  candidate's  party  in  his
25        congressional district.
26             (c)  If for a county office (including county  board
27        member  and  chairman  of  the county board where elected
28        from the county  at  large),  by  at  least  .5%  of  the
29        qualified   electors  of  his  party  cast  at  the  last
30        preceding general election in his  county.   However,  if
31        for  the  nomination  for  county  commissioner  of  Cook
32        County,  then  by  at  least .5% of the qualified primary
33        electors of his or her party in his or her county in  the
34        district  or division in which such person is a candidate
 
                            -74-     LRB093 07599 BDD 16742 a
 1        for nomination; and if for county  board  member  from  a
 2        county  board  district,  then  by  at  least  .5% of the
 3        qualified primary electors of his  party  in  the  county
 4        board  district.   In  the case of an election for county
 5        board member to be elected from a district, for the first
 6        primary  following  a  redistricting  of   county   board
 7        districts  or  the  initial establishment of county board
 8        districts, then by at least .5% of the qualified electors
 9        of his party in the entire county at the  last  preceding
10        general  election,  divided by the number of county board
11        districts, but in any event not less  than  25  qualified
12        primary electors of his party in the district.
13             (d)  If  for  a  municipal  or township office by at
14        least .5% of the qualified primary electors of his  party
15        in  the  municipality or township; if for alderman, by at
16        least .5% of the voters of his party of his ward.  In the
17        case  of  an  election  for  alderman  or  trustee  of  a
18        municipality to be elected from a ward or  district,  for
19        the  first  primary  following  a  redistricting  or  the
20        initial  establishment of wards or districts, then by .5%
21        of the total number of votes cast for  the  candidate  of
22        such  political  party who received the highest number of
23        votes in the entire  municipality  at  the  last  regular
24        election  at  which an officer was regularly scheduled to
25        be elected from the entire municipality, divided  by  the
26        number  of  wards or districts, but in any event not less
27        than 25 qualified primary electors of his  party  in  the
28        ward or district.
29             (e)  If  for State central committeeman, by at least
30        100 of the primary electors of his or her party of his or
31        her congressional district.
32             (f)  If for a candidate for trustee  of  a  sanitary
33        district in which trustees are not elected from wards, by
34        at  least  .5% of the primary electors of his party, from
 
                            -75-     LRB093 07599 BDD 16742 a
 1        such sanitary district.
 2             (g)  If for a candidate for trustee  of  a  sanitary
 3        district in which the trustees are elected from wards, by
 4        at  least .5% of the primary electors of his party in his
 5        ward of such sanitary district, except that for the first
 6        primary following a reapportionment of the district  such
 7        petitions  shall  be  signed  by  at  least 150 qualified
 8        primary electors of the candidate's ward of such sanitary
 9        district.
10             (h)  If for a candidate for  judicial  office  in  a
11        district,  circuit, or subcircuit, by a number of primary
12        electors at least equal to 0.25% of the number  of  votes
13        cast  for  the judicial candidate of his or her political
14        party who received the highest number  of  votes  at  the
15        last regular general election at which a judicial officer
16        from  the  same  district,  circuit,  or  subcircuit  was
17        regularly  scheduled to be elected, but in no event fewer
18        than 500.
19             (i)  If for a candidate for  precinct  committeeman,
20        by  at  least  10 primary electors of his or her party of
21        his  or  her  precinct;  if  for  a  candidate  for  ward
22        committeeman, by not less than 10% nor more than 16%  (or
23        50  more  than  the minimum, whichever is greater) of the
24        primary electors of his party  of  his  ward;  if  for  a
25        candidate  for township committeeman, by not less than 5%
26        nor more than 8% (or 50 more than the minimum,  whichever
27        is  greater)  of the primary electors of his party in his
28        township or part of a township as the case may be.
29             (j)  If for a  candidate  for  State's  Attorney  or
30        Regional  Superintendent  of  Schools  to serve 2 or more
31        counties, by at least .5% of the primary electors of  his
32        party in the territory comprising such counties.
33             (k)  If  for any other office by at least .5% of the
34        total  number  of  registered  voters  of  the  political
 
                            -76-     LRB093 07599 BDD 16742 a
 1        subdivision,  district  or   division   for   which   the
 2        nomination  is  made  or  a  minimum  of 25, whichever is
 3        greater.
 4        For the purposes of this Section the  number  of  primary
 5    electors  shall  be determined by taking the total vote cast,
 6    in the  applicable  district,  for  the  candidate  for  such
 7    political  party  who  received  the highest number of votes,
 8    state-wide, at the last general  election  in  the  State  at
 9    which  electors  for  President  of  the  United  States were
10    elected. For political subdivisions, the  number  of  primary
11    electors  shall  be  determined by taking the total vote cast
12    for the candidate for such political party who  received  the
13    highest  number of votes in such political subdivision at the
14    last regular election  at  which  an  officer  was  regularly
15    scheduled  to be elected from that subdivision.  For wards or
16    districts of political subdivisions, the  number  of  primary
17    electors  shall  be  determined by taking the total vote cast
18    for the candidate for such political party who  received  the
19    highest  number of votes in such ward or district at the last
20    regular election at which an officer was regularly  scheduled
21    to be elected from that ward or district.
22        A  "qualified  primary  elector"  of a party may not sign
23    petitions for or be a candidate in the primary of  more  than
24    one party.
25    (Source: P.A.  91-57,  eff.  6-30-99;  91-357,  eff. 7-29-99;
26    91-358, eff.  7-29-99;  92-16,  eff.  6-28-01;  92-129,  eff.
27    7-20-01.)

28        (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
29        Sec.  7-10.2.   In  the  designation  of  the  name  of a
30    candidate on a petition  for  nomination  or  certificate  of
31    nomination  the  candidate's  given name or names, initial or
32    initials, a nickname  by  which  the  candidate  is  commonly
33    known,  or  a combination thereof, may be used in addition to
 
                            -77-     LRB093 07599 BDD 16742 a
 1    the candidate's surname.  No  other  designation  such  as  a
 2    political  slogan,  as  defined  by  Section 7-17,  title, or
 3    degree, or nickname suggesting or implying  possession  of  a
 4    title, degree or professional status,  or similar information
 5    may  be  used  in  connection  with  the candidate's surname,
 6    except that the title "Mrs." may be used in  the  case  of  a
 7    married woman.
 8    (Source: P.A. 81-135.)

 9        (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
10        Sec. 7-17.  Candidate ballot name procedures.
11        (a)  Each  election  authority in each county shall cause
12    to be printed upon the general primary ballot of  each  party
13    for  each  precinct  in  his  jurisdiction  the  name of each
14    candidate whose petition for nomination or  for  committeeman
15    has  been  filed in the office of the county clerk, as herein
16    provided; and also the name of each candidate whose name  has
17    been certified to his office by the State Board of Elections,
18    and   in  the  order  so  certified,  except  as  hereinafter
19    provided.
20        It shall be the duty of the election authority  to  cause
21    to  be  printed  upon the consolidated primary ballot of each
22    political party for each precinct  in  his  jurisdiction  the
23    name  of each candidate whose name has been certified to him,
24    as herein provided and which is  to  be  voted  for  in  such
25    precinct.
26        (b)  In the designation of the name of a candidate on the
27    primary  ballot  the candidate's given name or names, initial
28    or initials, a nickname by which the  candidate  is  commonly
29    known,  or  a combination thereof, may be used in addition to
30    the candidate's surname.  No  other  designation  such  as  a
31    political slogan, title, or degree, or nickname suggesting or
32    implying  possession  of  a  title,  degree  or  professional
33    status, or similar information may be used in connection with
 
                            -78-     LRB093 07599 BDD 16742 a
 1    the  candidate's surname, except that the title "Mrs." may be
 2    used in the case of a married woman.  For  purposes  of  this
 3    Section, a "political slogan" is defined as any word or words
 4    expressing  or  connoting a position, opinion, or belief that
 5    the candidate may espouse, including but not limited to,  any
 6    word  or  words  conveying any meaning other than that of the
 7    personal identity of the candidate. A candidate may not use a
 8    political slogan as part of his or her name  on  the  ballot,
 9    notwithstanding  that the political slogan may be part of the
10    candidate's name.
11        (c)  The State  Board  of  Elections,  a  local  election
12    official,   or   an   election  authority  shall  remove  any
13    candidate's  name  designation  from   a   ballot   that   is
14    inconsistent   with   subsection  (b)  of  this  Section.  In
15    addition, the State Board  of  Elections,  a  local  election
16    official,  or  an election authority shall not certify to any
17    election authority any candidate  name  designation  that  is
18    inconsistent with subsection (b) of this Section.
19        (d)  If  the  State  Board of Elections, a local election
20    official, or an election authority removes a candidate's name
21    designation from  a  ballot  under  subsection  (c)  of  this
22    Section,  then  the  aggrieved candidate may seek appropriate
23    relief in circuit court.
24    (Source: P.A. 81-135.)

25        (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
26        Sec. 7-34.  Pollwatchers in a primary election  shall  be
27    authorized in the following manner:
28        (1)  Each  established  political party shall be entitled
29    to appoint one pollwatcher per precinct.   Such  pollwatchers
30    must  be  affiliated  with the political party for which they
31    are pollwatching and must be a registered voter in  Illinois.
32    For  all  primary elections, except as provided in subsection
33    (5), such pollwatchers must be  registered  to  vote  from  a
 
                            -79-     LRB093 07599 BDD 16742 a
 1    residence in the county in which they are pollwatching.
 2        (2)  Each  candidate  shall  be  entitled  to appoint two
 3    pollwatchers per precinct.  For Federal,  State,  and  county
 4    primary  elections, the poll watchers one pollwatcher must be
 5    registered to vote in Illinois from a residence in the county
 6    in which he is pollwatching.  The second pollwatcher must  be
 7    registered  to  vote from a residence in the precinct or ward
 8    in which he is  pollwatching.   For  township  and  municipal
 9    primary elections, one pollwatcher must be registered to vote
10    from  a  residence in the county in which he is pollwatching.
11    The second pollwatcher must be  registered  to  vote  from  a
12    residence   in   the   precinct   or  ward  in  which  he  is
13    pollwatching.
14        (3)  Each organization of citizens within the  county  or
15    political  subdivision,  which  has  among  its  purposes  or
16    interests   the  investigation  or  prosecution  of  election
17    frauds, and which shall have registered its name and  address
18    and  the  names  and addresses of its principal officers with
19    the proper election authority at least  40  days  before  the
20    primary   election,   shall   be   entitled  to  appoint  one
21    pollwatcher per precinct.  For  all  primary  elections,  the
22    except  as  provided in subsection (5), such pollwatcher must
23    be registered to vote in Illinois from  a  residence  in  the
24    county in which he is pollwatching.
25        (4)  Each organized group of proponents or opponents of a
26    ballot  proposition, which shall have registered the name and
27    address of its organization or committee  and  the  name  and
28    address of its chairman with the proper election authority at
29    least  40 days before the primary election, shall be entitled
30    to appoint one  pollwatcher  per  precinct.   The  Except  as
31    provided   in   subsection  (5),  such  pollwatcher  must  be
32    registered to vote in Illinois from a residence in the county
33    in which the ballot proposition is being voted upon.
34        (5)  In any primary election held to nominate  candidates
 
                            -80-     LRB093 07599 BDD 16742 a
 1    for  the  offices  of  a  municipality of less than 3,000,000
 2    population  that  is  situated  in  2  or  more  counties,  a
 3    pollwatcher who is a resident of a county in which  any  part
 4    of the municipality is situated shall be eligible to serve as
 5    a  pollwatcher  in  any  polling  place  located  within such
 6    municipality,  provided  that  such   pollwatcher   otherwise
 7    complies  with the respective requirements of subsections (1)
 8    through (4) of this Section and is a registered  voter  whose
 9    residence is within Illinois the municipality.
10        All   pollwatchers  shall  be  required  to  have  proper
11    credentials.  Such credentials shall be printed in sufficient
12    quantities, shall  be  issued  by  and  under  the  facsimile
13    signature(s) of the election authority and shall be available
14    for  distribution  at  least  2  weeks prior to the election.
15    Such credentials shall be authorized by the real or facsimile
16    signature of  the  State  or  local  party  official  or  the
17    candidate  or the presiding officer of the civic organization
18    or the chairman of the proponent or opponent  group,  as  the
19    case may be.
20        Pollwatcher  credentials  shall  be  in substantially the
21    following form:

22                       POLLWATCHER CREDENTIALS
23    TO THE JUDGES OF ELECTION:
24        In accordance  with the provisions of the Election  Code,
25    the   undersigned   hereby   appoints  ...........  (name  of
26    pollwatcher)  at  ..........  (address)  in  the  county   of
27    ...........,   ..........   (township   or  municipality)  of
28    ...........  (name),  State  of  Illinois  and  who  is  duly
29    registered to vote from this address, to act as a pollwatcher
30    in the  ...........  precinct  of  the  ..........  ward  (if
31    applicable)  of the ........... (township or municipality) of
32    ........... at the ........... election to be held on (insert
33    date).
34    ........................  (Signature of Appointing Authority)
 
                            -81-     LRB093 07599 BDD 16742 a
 1    ........................  TITLE  (party official,  candidate,
 2                                    civic organization president,
 3                            proponent or opponent group chairman)
 4        Under penalties provided by law pursuant to Section 29-10
 5    of the Election Code, the undersigned  pollwatcher  certifies
 6    that  he  or  she  resides at .............. (address) in the
 7    county of ........., ......... (township or municipality)  of
 8    ..........  (name), State of Illinois, and is duly registered
 9    to vote in Illinois from that address.
10    ...........................        ..........................
11    (Precinct and/or Ward in           (Signature of Pollwatcher)
12    Which Pollwatcher Resides)

13        Pollwatchers must present their credentials to the Judges
14    of Election upon entering  the  polling  place.   Pollwatcher
15    credentials  properly  executed  and signed shall be proof of
16    the qualifications of  the  pollwatcher  authorized  thereby.
17    Such  credentials  are retained by the Judges and returned to
18    the Election Authority at the end of the day of election with
19    the  other  election  materials.   Once  a  pollwatcher   has
20    surrendered  a valid credential, he may leave and reenter the
21    polling place provided that such continuing action  does  not
22    disrupt  the  conduct  of  the  election. Pollwatchers may be
23    substituted during the course of  the  day,  but  established
24    political  parties, candidates, qualified civic organizations
25    and proponents and opponents of a ballot proposition can have
26    only as many pollwatchers at any given time as are authorized
27    in this  Article.   A  substitute  must  present  his  signed
28    credential  to  the  judges  of  election  upon  entering the
29    polling  place.   Election   authorities   must   provide   a
30    sufficient number of credentials to allow for substitution of
31    pollwatchers. After the polls have closed, pollwatchers shall
32    be allowed to remain until the canvass of votes is completed;
33    but  may  leave  and  reenter  only  in  cases  of necessity,
34    provided that such action is not so continuous as to  disrupt
 
                            -82-     LRB093 07599 BDD 16742 a
 1    the canvass of votes.
 2        Candidates  seeking  office in a district or municipality
 3    encompassing 2 or more counties shall be admitted to any  and
 4    all  polling  places throughout such district or municipality
 5    without regard to the counties in which such  candidates  are
 6    registered  to  vote.   Actions  of  such candidates shall be
 7    governed in each polling place by  the  same  privileges  and
 8    limitations  that  apply  to pollwatchers as provided in this
 9    Section.  Any such candidate who engages in an activity in  a
10    polling  place  which  could  reasonably  be  construed  by a
11    majority of the judges of election as campaign activity shall
12    be removed forthwith from such polling place.
13        Candidates seeking office in a district  or  municipality
14    encompassing  2 or more counties who desire to be admitted to
15    polling  places  on  election  day  in   such   district   or
16    municipality  shall  be  required to have proper credentials.
17    Such credentials shall be printed in  sufficient  quantities,
18    shall  be  issued by and under the facsimile signature of the
19    election authority of the  election  jurisdiction  where  the
20    polling  place  in  which  the  candidate seeks admittance is
21    located, and shall be available for distribution at  least  2
22    weeks  prior  to  the  election.   Such  credentials shall be
23    signed by the candidate.
24        Candidate  credentials  shall  be  in  substantially  the
25    following form:

26                        CANDIDATE CREDENTIALS
27        TO THE JUDGES OF ELECTION:
28        In accordance with the provisions of the Election Code, I
29    ...... (name  of  candidate)  hereby  certify  that  I  am  a
30    candidate for ....... (name of office) and seek admittance to
31    .......  precinct  of the ....... ward (if applicable) of the
32    ....... (township or municipality) of ....... at the  .......
33    election to be held on (insert date).
34    .........................             .......................
 
                            -83-     LRB093 07599 BDD 16742 a
 1    (Signature of Candidate)              OFFICE FOR WHICH
 2                                          CANDIDATE SEEKS
 3                                          NOMINATION OR
 4                                          ELECTION

 5        Pollwatchers   shall   be   permitted   to   observe  all
 6    proceedings relating to the conduct of the  election  and  to
 7    station  themselves  in a position in the voting room as will
 8    enable them  to  observe  the  judges  making  the  signature
 9    comparison  between  the  voter  application  and  the  voter
10    registration   record  card;  provided,  however,  that  such
11    pollwatchers shall not be permitted to station themselves  in
12    such  close  proximity  to  the  judges  of election so as to
13    interfere with the orderly conduct of the election and  shall
14    not, in any event, be permitted to handle election materials.
15    Pollwatchers    may    challenge   for   cause   the   voting
16    qualifications of a person offering to vote and may  call  to
17    the  attention  of  the  judges  of  election  any  incorrect
18    procedure or apparent violations of this Code.
19        If  a  majority  of the judges of election determine that
20    the  polling  place   has   become   too   overcrowded   with
21    pollwatchers  so  as to interfere with the orderly conduct of
22    the  election,  the  judges  shall,  by   lot,   limit   such
23    pollwatchers   to  a  reasonable  number,  except  that  each
24    candidate and each established or new political  party  shall
25    be permitted to have at least one pollwatcher present.
26        Representatives  of an election authority, with regard to
27    an election  under  its  jurisdiction,  the  State  Board  of
28    Elections,  and  law  enforcement agencies, including but not
29    limited to a United States Attorney, a State's attorney,  the
30    Attorney  General,  and  a  State,  county,  or  local police
31    department, in the performance  of  their  official  election
32    duties,  shall  be permitted at all times to enter and remain
33    in the polling place.  Upon entering the polling place,  such
34    representatives  shall  display their official credentials or
 
                            -84-     LRB093 07599 BDD 16742 a
 1    other identification to the judges of election.
 2        Uniformed police officers assigned to polling place  duty
 3    shall  follow  all  lawful  instructions  of  the  judges  of
 4    election.
 5        The  provisions  of  this  Section  shall  also  apply to
 6    supervised casting of absentee ballots as provided in Section
 7    19-12.2 of this Act.
 8    (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)

 9        (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
10        Sec. 7-41. (a) All officers upon whom is imposed  by  law
11    the  duty  of  designating  and  providing polling places for
12    general elections, shall provide in each such  polling  place
13    so designated and provided, a sufficient number of booths for
14    such  primary  election,  which booths shall be provided with
15    shelves, such supplies and pencils as will enable  the  voter
16    to  prepare  his  ballot  for  voting and in which voters may
17    prepare their ballots screened from all observation as to the
18    manner in which they do so. Such booths shall be within plain
19    view of the election officers and both they  and  the  ballot
20    boxes  shall  be  within  plain  view  of  those  within  the
21    proximity of the voting booths. No person other than election
22    officers  and  the  challengers  allowed  by  law  and  those
23    admitted  for the purpose of voting, as hereinafter provided,
24    shall be permitted within the proximity of the voting booths,
25    except by authority of the primary officers to keep order and
26    enforce the law.
27        (b)  The number of such voting booths shall not  be  less
28    than  one  to  every seventy-five voters or fraction thereof,
29    who voted at the last preceding election in the  precinct  or
30    election district.
31        (c)  No  person shall do any electioneering or soliciting
32    of votes on primary day within any polling  place  or  within
33    one  hundred  feet  of  any polling place.  Election officers
 
                            -85-     LRB093 07599 BDD 16742 a
 1    shall place 2 or more cones,  small  United  States  national
 2    flags, or some other marker a distance of 100 horizontal feet
 3    from  each  entrance  to the room used by voters to engage in
 4    voting, which shall be known as  the  polling  room.  If  the
 5    polling room is located within a building that is a public or
 6    private  school or a church or other organization founded for
 7    the purpose of religious worship  and  the  distance  of  100
 8    horizontal  feet  ends  within  the interior of the building,
 9    then the markers shall be placed outside of the  building  at
10    each  entrance  used  by voters to enter that building on the
11    grounds adjacent to  the  thoroughfare  or  walkway.  If  the
12    polling  room  is located within a public or private building
13    with 2 or more floors and the polling room is located on  the
14    ground floor, then the markers shall be placed 100 horizontal
15    feet from each entrance to the polling room used by voters to
16    engage  in voting. If the polling room is located in a public
17    or private building with 2 or more  floors  and  the  polling
18    room  is  located on a floor above or below the ground floor,
19    then the markers shall be placed a distance of 100 feet  from
20    the  nearest  elevator  or  staircase  used  by voters on the
21    ground floor to access the floor where the  polling  room  is
22    located.  The  area within where the markers are placed shall
23    be known as a  campaign  free  zone,  and  electioneering  is
24    prohibited pursuant to this subsection.
25        The  area  on  polling place property beyond the campaign
26    free zone, whether publicly or privately owned, is  a  public
27    forum  for  the  time  that the polls are open on an election
28    day. At the request of election officers any  publicly  owned
29    building must be made available for use as a polling place. A
30    person  shall  have  the  right  to  congregate and engage in
31    electioneering on any polling place property while the  polls
32    are  open  beyond  the  campaign free zone, including but not
33    limited to, the placement of temporary signs. This subsection
34    shall be construed liberally in favor of persons engaging  in
 
                            -86-     LRB093 07599 BDD 16742 a
 1    electioneering  on  all  polling  place  property  beyond the
 2    campaign free zone for the time that the polls are open on an
 3    election day.
 4        (d)  The regulation of electioneering  on  polling  place
 5    property on an election day, including but not limited to the
 6    placement  of  temporary  signs,  is  an  exclusive power and
 7    function of the State. A home  rule  unit  may  not  regulate
 8    electioneering  and  any  ordinance  or local law contrary to
 9    subsection (c)  is  declared  void.  This  is  a  denial  and
10    limitation of home rule powers and functions under subsection
11    (h) of Section 6 of Article VII of the Illinois Constitution.
12    (Source: P.A. 89-653, eff. 8-14-96.)

13        (10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
14        Sec.   8-8.1.  In  the  designation  of  the  name  of  a
15    candidate on a petition for nomination, the candidate's given
16    name or names, initial or initials, a nickname by  which  the
17    candidate is commonly known, or a combination thereof, may be
18    used  in  addition  to  the  candidate's  surname.  No  other
19    designation  such as a political slogan, title, or degree, or
20    nickname suggesting or implying possession of a title, degree
21    or professional status, or similar information may be used in
22    connection with the  candidate's  surname,  except  that  the
23    title "Mrs." may be used in the case of a married woman.
24    (Source: P.A. 81-135.)

25        (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
26        Sec. 9-1.5.  Expenditure defined.
27        "Expenditure" means-
28             (1)  a   payment,   distribution,   purchase,  loan,
29        advance, deposit, or gift of money or anything of  value,
30        in  connection  with  the  nomination  for  election,  or
31        election,  of  any person to public office, in connection
32        with the election of  any  person  as  ward  or  township
 
                            -87-     LRB093 07599 BDD 16742 a
 1        committeeman in counties of 3,000,000 or more population,
 2        or  in  connection  with  any  question of public policy.
 3        "Expenditure"  also  includes  a  payment,  distribution,
 4        purchase, loan, advance, deposit, or  gift  of  money  or
 5        anything  of  value  that  constitutes  an electioneering
 6        communication regardless of whether the communication  is
 7        made  in  concert  or cooperation with or at the request,
 8        suggestion,  or   knowledge   of   the   candidate,   the
 9        candidate's authorized local political committee, a State
10        political  committee,  or  any  of their agents. However,
11        expenditure does not include -
12             (a)  the use of real or personal  property  and  the
13        cost  of  invitations,  food,  and beverages, voluntarily
14        provided by an individual in rendering voluntary personal
15        services on the  individual's  residential  premises  for
16        candidate-related  activities;  provided the value of the
17        service provided does not exceed an aggregate of $150  in
18        a reporting period;
19             (b)  the  sale  of  any food or beverage by a vendor
20        for use in a candidate's campaign at a charge  less  than
21        the normal comparable charge, if such charge for use in a
22        candidate's  campaign  is  at  least equal to the cost of
23        such food or beverage to the vendor.
24        (2)  a transfer of funds between political committees.
25    (Source: P.A. 89-405, eff. 11-8-95.)

26        (10 ILCS 5/9-1.14 new)
27        Sec. 9-1.14.  Electioneering communication defined.
28        (a)  "Electioneering  communication"   means,   for   the
29    purposes  of  this  Article,  any  form  of communication, in
30    whatever medium, including but  not  limited  to,  newspaper,
31    radio, television, or Internet communications, that refers to
32    a  clearly  identified  candidate,  candidates,  or political
33    party and is  made  within  (i)  60  days  before  a  general
 
                            -88-     LRB093 07599 BDD 16742 a
 1    election  for  the  office sought by the candidate or (ii) 30
 2    days before a general primary election for the office  sought
 3    by the candidate.
 4        (b)  "Electioneering communication" does not include:
 5             (1)  A  communication  appearing  in  a  news story,
 6        commentary,  or   editorial   distributed   through   the
 7        facilities  of  any  newspaper  or  radio  or  television
 8        broadcasting  station, unless the facilities are owned or
 9        controlled by any political party,  political  committee,
10        or candidate.
11             (2)  A   communication  made  solely  to  promote  a
12        candidate debate or forum that is made by or on behalf of
13        the person sponsoring the debate or forum.
14             (3)  A communication made as part of a  non-partisan
15        activity  designed to encourage individuals to vote or to
16        register to vote.
17             (4)  A communication by  an  organization  operating
18        and remaining in good standing under Section 501(c)(3) of
19        the Internal Revenue Code of 1986.

20        (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
21        Sec. 9-10.  Financial reports.
22        (a)  The treasurer of every state political committee and
23    the  treasurer  of every local political committee shall file
24    with the Board, and the treasurer of  every  local  political
25    committee  shall  file  with  the  county  clerk,  reports of
26    campaign contributions, and semi-annual reports  of  campaign
27    contributions  and  expenditures on forms to be prescribed or
28    approved by the Board.   The  treasurer  of  every  political
29    committee that acts as both a state political committee and a
30    local  political  committee  shall file a copy of each report
31    with the State Board  of  Elections  and  the  county  clerk.
32    Entities subject to Section 9-7.5 shall file reports required
33    by  that  Section  at  times provided in this Section and are
 
                            -89-     LRB093 07599 BDD 16742 a
 1    subject to the penalties provided in this Section.
 2        (b)  Reports of campaign contributions shall be filed  no
 3    later   than  the  15th  day  next  preceding  each  election
 4    including a primary election in  connection  with  which  the
 5    political    committee   has   accepted   or   is   accepting
 6    contributions or has made or is  making  expenditures.   Such
 7    reports  shall  be complete as of the 30th day next preceding
 8    each election including a primary election.  The Board  shall
 9    assess  a  civil penalty not to exceed $5,000 for a violation
10    of this  subsection,  except  that  for  State  officers  and
11    candidates  and  political  committees  formed  for statewide
12    office, the civil penalty may not exceed $10,000.  The  fine,
13    however,  shall  not exceed $500 for a first filing violation
14    for filing less than 10 days after the deadline. There  shall
15    be no fine if the report is mailed and postmarked at least 72
16    hours  prior  to the filing deadline. For the purpose of this
17    subsection, "statewide office" and "State officer" means  the
18    Governor, Lieutenant Governor, Attorney General, Secretary of
19    State,  Comptroller,  and  Treasurer.   However, a continuing
20    political committee that neither  accepts  contributions  nor
21    makes  expenditures  on  behalf  of  or  in opposition to any
22    candidate or public question on the  ballot  at  an  election
23    shall   not  be  required  to  file  the  reports  heretofore
24    prescribed but may  file  in  lieu  thereof  a  Statement  of
25    Nonparticipation  in the Election with the Board or the Board
26    and the county clerk.
27        (b-5)  Notwithstanding the provisions of subsection  (b),
28    any  contribution  of  $500  or  more received in the interim
29    between the last date of  the  period  covered  by  the  last
30    report  filed  under subsection (b) prior to the election and
31    the date of the election shall be reported within 2  business
32    days  after  its receipt. The State Board shall allow filings
33    under  this  subsection  (b-5)  to  be  made   by   facsimile
34    transmission.   For   the   purpose  of  this  subsection,  a
 
                            -90-     LRB093 07599 BDD 16742 a
 1    contribution is considered received on the  date  the  public
 2    official,  candidate,  or  political committee (or equivalent
 3    person in the  case  of  a  reporting  entity  other  than  a
 4    political  committee) actually receives it or, in the case of
 5    goods or services, 2 days after the date the public official,
 6    candidate, committee, or other reporting entity receives  the
 7    certification  required  under subsection (b) of Section 9-6.
 8    Failure to report each contribution is a  separate  violation
 9    of  this  subsection.   The  Board  shall  impose  fines  for
10    violations of this subsection as follows:
11             (1)  if the political committee's or other reporting
12        entity's  total receipts, total expenditures, and balance
13        remaining at the end of the last  reporting  period  were
14        each  $5,000  or less, then $100 per business day for the
15        first violation, $200 per business  day  for  the  second
16        violation,  and  $300  per business day for the third and
17        subsequent violations.
18             (2)  if the political committee's or other reporting
19        entity's total receipts, total expenditures, and  balance
20        remaining  at  the  end of the last reporting period were
21        each more than $5,000, then $200 per business day for the
22        first violation, $400 per business  day  for  the  second
23        violation,  and  $600  per business day for the third and
24        subsequent violations.
25        (c)  In addition to such reports the treasurer  of  every
26    political   committee   shall  file  semi-annual  reports  of
27    campaign contributions and expenditures no  later  than  July
28    31st,  covering the period from January 1st through June 30th
29    immediately  preceding,  and  no  later  than  January  31st,
30    covering the period from July 1st through  December  31st  of
31    the  preceding  calendar  year.  Reports of contributions and
32    expenditures must be  filed  to  cover  the  prescribed  time
33    periods even though no contributions or expenditures may have
34    been  received  or  made  during  the period. The Board shall
 
                            -91-     LRB093 07599 BDD 16742 a
 1    assess a civil penalty not to exceed $5,000 for  a  violation
 2    of  this  subsection,  except  that  for  State  officers and
 3    candidates and  political  committees  formed  for  statewide
 4    office,  the  civil penalty may not exceed $10,000. The fine,
 5    however, shall not exceed $500 for a first  filing  violation
 6    for  filing less than 10 days after the deadline. There shall
 7    be no fine if the report is mailed and postmarked at least 72
 8    hours prior to the filing deadline. For the purpose  of  this
 9    subsection,  "statewide office" and "State officer" means the
10    Governor, Lieutenant Governor, Attorney General, Secretary of
11    State, Comptroller, and Treasurer.
12        (c-5)  A political committee that acts as  either  (i)  a
13    State and local political committee or (ii) a local political
14    committee and that files reports electronically under Section
15    9-28  is  not required to file copies of the reports with the
16    appropriate county clerk if the county  clerk  has  a  system
17    that  permits access to, and duplication of, reports that are
18    filed with the State Board of Elections. A  State  and  local
19    political committee or a local political committee shall file
20    with the county clerk a copy of its statement of organization
21    pursuant to Section 9-3.
22        (d)  A  copy of each report or statement filed under this
23    Article shall be preserved by the  person  filing  it  for  a
24    period of two years from the date of filing.
25    (Source: P.A. 90-737, eff. 1-1-99.)

26        (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
27        Sec.  9-21.  Upon  receipt  of  such complaint, the Board
28    shall hold a closed preliminary hearing to determine  whether
29    or   not   the  complaint  appears  to  have  been  filed  on
30    justifiable grounds. Such closed preliminary hearing shall be
31    conducted as soon as practicable after  affording  reasonable
32    notice,  a  copy  of  the  complaint,  and  an opportunity to
33    testify at  such  hearing  to  both  the  person  making  the
 
                            -92-     LRB093 07599 BDD 16742 a
 1    complaint  and  the  person  against  whom  the  complaint is
 2    directed. If the Board fails to determine determines that the
 3    complaint has not been filed on justifiable grounds, it shall
 4    dismiss the complaint without further hearing.
 5        Whenever in the judgment of the  Board,  after  affording
 6    due  notice  and  an  opportunity  for  a public hearing, any
 7    person has engaged or  is  about  to  engage  in  an  act  or
 8    practice  which constitutes or will constitute a violation of
 9    any provision of this Article  or  any  regulation  or  order
10    issued  thereunder,  the Board shall issue an order directing
11    such person to take such action as the Board  determines  may
12    be necessary in the public interest to correct the violation.
13    In  addition,  if  the act or practice engaged in consists of
14    the failure to file  any  required  report  within  the  time
15    prescribed  by this Article, the Board, as part of its order,
16    shall further provide that if,  within  the  12-month  period
17    following  the  issuance  of  the order, such person fails to
18    file  within  the  time  prescribed  by  this   Article   any
19    subsequent  report  as  may  be  required, such person may be
20    subject to a civil penalty  pursuant  to  Section  9-23.  The
21    Board  shall  render its final judgment within 60 days of the
22    date the complaint is filed; except that during the  60  days
23    preceding  the date of the election in reference to which the
24    complaint is filed, the Board shall render its final judgment
25    within 7 days of the date the complaint is filed, and  during
26    the  7  days  preceding such election, the Board shall render
27    such judgment before the date of such election, if possible.
28        At any time prior to the issuance of  the  Board's  final
29    judgment,  the  parties  may  dispose  of  the complaint by a
30    written stipulation, agreed settlement or consent order.  Any
31    such stipulation, settlement  or  order  shall,  however,  be
32    submitted  in writing to the Board and shall become effective
33    only if approved by  the  Board.   If  the  act  or  practice
34    complained  of  consists  of the failure to file any required
 
                            -93-     LRB093 07599 BDD 16742 a
 1    report within the  time  prescribed  by  this  Article,  such
 2    stipulation,  settlement or order may provide that if, within
 3    the  12-month  period  following   the   approval   of   such
 4    stipulation,  agreement  or  order,  the person complained of
 5    fails to file within the time prescribed by this Article  any
 6    subsequent  reports  as  may  be required, such person may be
 7    subject to a civil penalty pursuant to Section 9-23.
 8        Any person filing a complaint pursuant  to  Section  9-20
 9    may,  upon  written  notice  to  the other parties and to the
10    Board, voluntarily withdraw the complaint at any  time  prior
11    to the issuance of the Board's final determination.
12    (Source: P.A. 90-495, eff. 1-1-98.)

13        (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
14        Sec.  10-5.1.  In  the  designation  of  the  name  of  a
15    candidate on a certificate of nomination or nomination papers
16    the  candidate's  given name or names, initial or initials, a
17    nickname by which the  candidate  is  commonly  known,  or  a
18    combination   thereof,   may  be  used  in  addition  to  the
19    candidate's surname. No other designation such as a political
20    slogan, title, or degree, or nickname suggesting or  implying
21    possession  of  a  title,  degree  or professional status, or
22    similar information  may  be  used  in  connection  with  the
23    candidate's surname, except that the title "Mrs." may be used
24    in the case of a married woman.
25    (Source: P.A. 81-135.)

26        (10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
27        Sec.  13-1.1.  In  addition  to  the list provided for in
28    Section 13-1 or 13-2, the  chairman  of  the  county  central
29    committee  of each of the two leading political parties shall
30    submit to the county  board  a  supplemental  list,  arranged
31    according to precincts in which they are to serve, of persons
32    available  as judges of election, the names and number of all
 
                            -94-     LRB093 07599 BDD 16742 a
 1    persons listed thereon to be acknowledged in writing  to  the
 2    county  chairman  submitting  such  list by the county board.
 3    Vacancies among the judges of election  shall  be  filled  by
 4    selection  from  this  supplemental list of persons qualified
 5    under Section 13-4. If the list provided for in Section  13-1
 6    or  13-2  for any precinct is exhausted, then selection shall
 7    be made from the supplemental list submitted by the  chairman
 8    of  the  county  central  committee  of  the  party.  If such
 9    supplemental  list  is  exhausted  for  any  precinct,   then
10    selection  shall  be  made  from  any  of  the persons on the
11    supplemental list without regard to the  precincts  in  which
12    they  are  listed  to serve. No selection or appointment from
13    the supplemental list shall be made more than 21  days  prior
14    to  the date of precinct registration for those judges needed
15    as precinct registrars, and more than 45 28 days prior to the
16    date of an election for those additional  persons  needed  as
17    election  judges.  In any case where selection cannot be made
18    from the supplemental list without  violating  Section  13-4,
19    selection shall be made from outside the supplemental list of
20    some person qualified under Section 13-4.
21    (Source: P.A. 78-888; 78-889; 78-1297.)

22        (10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
23        Sec.  14-3.2.  In  addition  to  the list provided for in
24    Section 14-3.1, the chairman of the county central  committee
25    of  each  of the 2 leading political parties shall furnish to
26    the board of  election  commissioners  a  supplemental  list,
27    arranged according to precinct in which they are to serve, of
28    persons available as judges of election, the names and number
29    of  all  persons listed thereon to be acknowledged in writing
30    to the county chairman submitting such list by the  board  of
31    election  commissioners.  The board of election commissioners
32    shall select from this supplemental  list  persons  qualified
33    under  Section  14-1,  to  fill vacancies among the judges of
 
                            -95-     LRB093 07599 BDD 16742 a
 1    election. If the list provided for in Section 14-3.1 for  any
 2    precinct  is exhausted, then selection shall be made from the
 3    supplemental list furnished by the  chairman  of  the  county
 4    central  committee of the party. If such supplemental list is
 5    exhausted for any precinct, then selection shall be made from
 6    any of the persons on the supplemental list without regard to
 7    the precincts in which they are listed to serve. No selection
 8    or appointment from the supplemental list shall be made  more
 9    than  21  days prior to the date of precinct registration for
10    those judges needed as precinct registrars, and more than  45
11    28 days prior to the date of an election for those additional
12    persons   needed  as  election  judges.  In  any  case  where
13    selection cannot be made from the supplemental  list  without
14    violating  Section 14-1, selection shall be made from outside
15    the supplemental list of some person qualified under  Section
16    14-1.
17    (Source: P.A. 78-888; 78-889; 78-1297.)

18        (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
19        Sec.  16-3.  (a) The  names of all candidates to be voted
20    for in each election district or precinct shall be printed on
21    one ballot, except as is  provided  in  Sections  16-6.1  and
22    21-1.01  of this Act and except as otherwise provided in this
23    Act with respect to the odd year regular  elections  and  the
24    emergency  referenda;  all nominations of any political party
25    being placed under the party appellation  or  title  of  such
26    party  as  designated  in  the  certificates of nomination or
27    petitions. The names of all independent candidates  shall  be
28    printed  upon  the  ballot  in  a column or columns under the
29    heading "independent" arranged under the names or  titles  of
30    the  respective offices for which such independent candidates
31    shall have been nominated and so far as practicable, the name
32    or names of any independent candidate or candidates  for  any
33    office  shall be printed upon the ballot opposite the name or
 
                            -96-     LRB093 07599 BDD 16742 a
 1    names of any candidate or  candidates  for  the  same  office
 2    contained  in  any  party column or columns upon said ballot.
 3    The ballot shall contain no other names, except that in cases
 4    of electors for President and Vice-President  of  the  United
 5    States,  the  names  of  the  candidates  for  President  and
 6    Vice-President  may  be  added  to  the party designation and
 7    words calculated to aid the voter in his choice of candidates
 8    may be added, such as "Vote for one," "Vote for three."  When
 9    an  electronic  voting system is used which utilizes a ballot
10    label booklet, the candidates and questions shall  appear  on
11    the pages of such booklet in the order provided by this Code;
12    and,  in  any case where candidates for an office appear on a
13    page which does not contain the name  of  any  candidate  for
14    another  office,  and  where  less  than  50%  of the page is
15    utilized, the name of no candidate shall be  printed  on  the
16    lowest  25%  of  such  page.  On  the  back or outside of the
17    ballot, so as to appear when folded,  shall  be  printed  the
18    words  "Official  Ballot", followed by the designation of the
19    polling place for which the ballot is prepared, the  date  of
20    the election and a facsimile of the signature of the election
21    authority  who  has  caused  the  ballots  to be printed. The
22    ballots shall be of plain  white  paper,  through  which  the
23    printing  or writing cannot be read. However, ballots for use
24    at the nonpartisan and consolidated elections may be  printed
25    on   different  color  paper,  except  blue  paper,  whenever
26    necessary or desirable to facilitate  distinguishing  between
27    ballots  for different political subdivisions. In the case of
28    nonpartisan   elections   for   officers   of   a   political
29    subdivision, unless  the  statute  or  an  ordinance  adopted
30    pursuant  to  Article  VII  of the Constitution providing the
31    form of government therefor requires  otherwise,  the  column
32    listing  such nonpartisan candidates shall be printed with no
33    appellation or circle at its head. The party  appellation  or
34    title,  or  the  word "independent" at the head of any column
 
                            -97-     LRB093 07599 BDD 16742 a
 1    provided for independent  candidates,  shall  be  printed  in
 2    letters  not  less than one-fourth of an inch in height and a
 3    circle one-half inch in diameter  shall  be  printed  at  the
 4    beginning  of  the line in which such appellation or title is
 5    printed, provided, however, that  no  such  circle  shall  be
 6    printed  at  the  head  of any column or columns provided for
 7    such independent candidates. The names of candidates shall be
 8    printed in letters not less than  one-eighth  nor  more  than
 9    one-fourth of an inch in height, and at the beginning of each
10    line in which a name of a candidate is printed a square shall
11    be  printed,  the  sides  of  which  shall  be  not less than
12    one-fourth of an inch in length. However, the  names  of  the
13    candidates  for  Governor and Lieutenant Governor on the same
14    ticket shall be printed within a bracket and a single  square
15    shall  be  printed  in  front  of  the  bracket.  The list of
16    candidates of the  several  parties  and  any  such  list  of
17    independent candidates shall be placed in separate columns on
18    the  ballot in such order as the election authorities charged
19    with the printing of the ballots shall decide; provided, that
20    the names of the candidates of the several political parties,
21    certified by the State Board  of  Elections  to  the  several
22    county  clerks  shall  be  printed by the county clerk of the
23    proper county on the official ballot in the  order  certified
24    by  the  State Board of Elections. Any county clerk refusing,
25    neglecting or failing to print on  the  official  ballot  the
26    names  of  candidates of the several political parties in the
27    order certified by the State  Board  of  Elections,  and  any
28    county  clerk  who  prints  or  causes to be printed upon the
29    official ballot the name of a candidate, for an office to  be
30    filled  by  the  Electors of the entire State, whose name has
31    not been duly certified to him upon a certificate  signed  by
32    the  State  Board  of  Elections shall be guilty of a Class C
33    misdemeanor.
34        (b)  When an  electronic  voting  system  is  used  which
 
                            -98-     LRB093 07599 BDD 16742 a
 1    utilizes  a  ballot  card,  on the inside flap of each ballot
 2    card envelope there shall be  printed  a  form  for  write-in
 3    voting which shall be substantially as follows:
 4                           WRITE-IN VOTES
 5        (See  card  of  instructions  for  specific  information.
 6    Duplicate form below by hand for additional write-in votes.)
 7          _____________________________
 8          Title of Office
 9    (   )  ____________________________
10          Name of Candidate
11        (c)  When  an electronic voting system is used which uses
12    a ballot sheet, the instructions  to  voters  on  the  ballot
13    sheet  shall  refer the voter to the card of instructions for
14    specific information on write-in voting.  Below  each  office
15    appearing on such ballot sheet there shall be a provision for
16    the casting of a write-in vote.
17        (d)  When  such electronic system is used, there shall be
18    printed on the back of each ballot  card,  each  ballot  card
19    envelope,  and  the  first  page  of  the ballot label when a
20    ballot label is used, the words "Official  Ballot,"  followed
21    by   the   number   of   the   precinct   or  other  precinct
22    identification, which may be stamped, in lieu thereof and, as
23    applicable, the number and name  of  the  township,  ward  or
24    other  election  district  for  which the ballot card, ballot
25    card envelope, and ballot label are prepared, the date of the
26    election and a facsimile of the  signature  of  the  election
27    authority who has caused the ballots to be printed.  The back
28    of the ballot card shall also include a method of identifying
29    the  ballot  configuration such as a listing of the political
30    subdivisions and districts for which votes  may  be  cast  on
31    that   ballot,  or  a  number  code  identifying  the  ballot
32    configuration or color coded ballots, except that where there
33    is only one ballot configuration in a precinct, the  precinct
34    identification, and any applicable ward identification, shall
 
                            -99-     LRB093 07599 BDD 16742 a
 1    be  sufficient.   Ballot  card  envelopes  used in punch card
 2    systems shall be of paper through which no writing or punches
 3    may be discerned and shall be of sufficient length to enclose
 4    all voting positions.  However, the  election  authority  may
 5    provide  ballot card envelopes on which no precinct number or
 6    township, ward or other  election  district  designation,  or
 7    election  date are preprinted, if space and a preprinted form
 8    are provided below  the  space  provided  for  the  names  of
 9    write-in  candidates where such information may be entered by
10    the judges  of  election.   Whenever  an  election  authority
11    utilizes ballot card envelopes on which the election date and
12    precinct  is  not  preprinted, a judge of election shall mark
13    such information for the particular precinct and election  on
14    the envelope in ink before tallying and counting any write-in
15    vote  written  thereon.  If  some  method  of insuring ballot
16    secrecy other than an envelope is used, such information must
17    be provided on the ballot itself.
18        (e)  In the designation of the name of a candidate on the
19    ballot, the candidate's  given  name  or  names,  initial  or
20    initials,  a  nickname  by  which  the  candidate is commonly
21    known, or a combination thereof, may be used in  addition  to
22    the  candidate's  surname.  No  other  designation  such as a
23    political slogan, title, or degree or nickname suggesting  or
24    implying  possession  of  a  title,  degree  or  professional
25    status, or similar information may be used in connection with
26    the  candidate's surname, except that the title "Mrs." may be
27    used in the case of a married woman.  For  purposes  of  this
28    Section, a "political slogan" is defined as any word or words
29    expressing  or  connoting a position, opinion, or belief that
30    the candidate may espouse, including but not limited to,  any
31    word  or  words  conveying any meaning other than that of the
32    personal identity of the candidate. A candidate may not use a
33    political slogan as part of his or her name  on  the  ballot,
34    notwithstanding  that the political slogan may be part of the
 
                            -100-    LRB093 07599 BDD 16742 a
 1    candidate's name.
 2        (f)  The State  Board  of  Elections,  a  local  election
 3    official,   or   an   election  authority  shall  remove  any
 4    candidate's  name  designation  from   a   ballot   that   is
 5    inconsistent   with   subsection  (e)  of  this  Section.  In
 6    addition, the State Board  of  Elections,  a  local  election
 7    official,  or  an election authority shall not certify to any
 8    election authority any candidate  name  designation  that  is
 9    inconsistent with subsection (e) of this Section.
10        (g)  If  the  State  Board of Elections, a local election
11    official, or an election authority removes a candidate's name
12    designation from  a  ballot  under  subsection  (f)  of  this
13    Section,  then  the  aggrieved candidate may seek appropriate
14    relief in circuit court.
15        Where voting machines or electronic  voting  systems  are
16    used,  the  provisions  of  this  Section  may be modified as
17    required  or  authorized  by  Article  24  or  Article   24A,
18    whichever is applicable.
19        Nothing   in   this   Section   shall  prohibit  election
20    authorities from using or reusing ballot card envelopes which
21    were printed before the effective date of this amendatory Act
22    of 1985.
23    (Source: P.A. 92-178, eff. 1-1-02.)

24        (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
25        Sec. 17-23.  Pollwatchers in a general election shall  be
26    authorized in the following manner:
27        (1)  Each  established  political party shall be entitled
28    to appoint two pollwatchers per precinct.  Such  pollwatchers
29    must  be  affiliated  with the political party for which they
30    are pollwatching.  For all elections, the pollwatchers except
31    as provided  in  subsection  (4),  one  pollwatcher  must  be
32    registered to vote in Illinois from a residence in the county
33    in  which he is pollwatching.  The second pollwatcher must be
 
                            -101-    LRB093 07599 BDD 16742 a
 1    registered to vote from a residence in the precinct  or  ward
 2    in which he is pollwatching.
 3        (2)  Each  candidate  shall  be  entitled  to appoint two
 4    pollwatchers  per   precinct.    For   all   elections,   the
 5    pollwatchers  one  pollwatcher  must be registered to vote in
 6    Illinois from a residence  in  the  county  in  which  he  is
 7    pollwatching.    The second pollwatcher must be registered to
 8    vote from a residence in the precinct or ward in which he  is
 9    pollwatching.
10        (3)  Each  organization  of citizens within the county or
11    political  subdivision,  which  has  among  its  purposes  or
12    interests  the  investigation  or  prosecution  of   election
13    frauds,  and which shall have registered its name and address
14    and the name and addresses of its principal officers with the
15    proper  election  authority  at  least  40  days  before  the
16    election, shall be entitled to appoint  one  pollwatcher  per
17    precinct.   For  all  elections, the such pollwatcher must be
18    registered to vote in Illinois from a residence in the county
19    in which he is pollwatching.
20        (4)  In any general election held to elect candidates for
21    the  offices  of  a  municipality  of  less  than   3,000,000
22    population  that  is  situated  in  2  or  more  counties,  a
23    pollwatcher  who  is a resident of Illinois a county in which
24    any part of the municipality is situated shall be eligible to
25    serve as a  pollwatcher  in  any  poll  located  within  such
26    municipality,   provided   that  such  pollwatcher  otherwise
27    complies with the respective requirements of subsections  (1)
28    through  (3)  of  this  Section  and is a registered voter in
29    Illinois whose residence is within the municipality.
30        (5)  Each organized group of proponents or opponents of a
31    ballot proposition, which shall have registered the name  and
32    address  of  its  organization  or committee and the name and
33    address of its chairman with the proper election authority at
34    least 40 days before  the  election,  shall  be  entitled  to
 
                            -102-    LRB093 07599 BDD 16742 a
 1    appoint  one  pollwatcher per precinct.  The Such pollwatcher
 2    must be registered to vote in Illinois from  a  residence  in
 3    the  county  in  which  the ballot proposition is being voted
 4    upon.
 5        All  pollwatchers  shall  be  required  to  have   proper
 6    credentials.  Such credentials shall be printed in sufficient
 7    quantities,  shall  be  issued  by  and  under  the facsimile
 8    signature(s) of the election authority and shall be available
 9    for distribution at least 2 weeks prior to the election. Such
10    credentials shall be authorized  by  the  real  or  facsimile
11    signature  of  the  State  or  local  party  official  or the
12    candidate or the presiding officer of the civic  organization
13    or  the  chairman  of the proponent or opponent group, as the
14    case may be.
15        Pollwatcher credentials shall  be  in  substantially  the
16    following form:

17                       POLLWATCHER CREDENTIALS
18    TO THE JUDGES OF ELECTION:
19        In  accordance  with the provisions of the Election Code,
20    the  undersigned  hereby   appoints   ..........   (name   of
21    pollwatcher)  who  resides  at  ........... (address) in  the
22    county of ..........., .......... (township or  municipality)
23    of  ...........  (name),  State  of  Illinois and who is duly
24    registered  to  vote  from  this   address,  to  act   as   a
25    pollwatcher  in  the  ........... precinct of the ...........
26    ward  (if  applicable)  of  the  ...........   (township   or
27    municipality)  of  ........... at the ........... election to
28    be held on (insert date).
29    ........................  (Signature of Appointing Authority)
30    ......................... TITLE  (party official,  candidate,
31                                    civic organization president,
32                            proponent or opponent group chairman)

33        Under penalties provided by law pursuant to Section 29-10
 
                            -103-    LRB093 07599 BDD 16742 a
 1    of the Election Code, the undersigned  pollwatcher  certifies
 2    that  he  or she resides at ................ (address) in the
 3    county of ............, ......... (township or  municipality)
 4    of  ...........  (name),  State  of  Illinois,  and  is  duly
 5    registered to vote in Illinois from that address.
 6    ..........................            .......................
 7    (Precinct and/or Ward in           (Signature of Pollwatcher)
 8    Which Pollwatcher Resides)

 9        Pollwatchers must present their credentials to the Judges
10    of  Election  upon  entering  the polling place.  Pollwatcher
11    credentials properly executed and signed shall  be  proof  of
12    the  qualifications  of  the  pollwatcher authorized thereby.
13    Such credentials are retained by the Judges and  returned  to
14    the Election Authority at the end of the day of election with
15    the   other  election  materials.   Once  a  pollwatcher  has
16    surrendered a valid credential, he may leave and reenter  the
17    polling  place  provided that such continuing action does not
18    disrupt the conduct of the  election.   Pollwatchers  may  be
19    substituted  during  the  course  of the day, but established
20    political   parties,   candidates   and    qualified    civic
21    organizations can have only as many pollwatchers at any given
22    time  as  are  authorized in this Article.  A substitute must
23    present his signed credential to the judges of election  upon
24    entering   the  polling  place.   Election  authorities  must
25    provide a sufficient  number  of  credentials  to  allow  for
26    substitution  of  pollwatchers.   After the polls have closed
27    pollwatchers shall be allowed to remain until the canvass  of
28    votes  is  completed; but may leave and reenter only in cases
29    of necessity, provided that such action is not so  continuous
30    as to disrupt the canvass of votes.
31        Candidates  seeking  office in a district or municipality
32    encompassing 2 or more counties shall be admitted to any  and
33    all  polling  places throughout such district or municipality
34    without regard to the counties in which such  candidates  are
 
                            -104-    LRB093 07599 BDD 16742 a
 1    registered  to  vote.   Actions  of  such candidates shall be
 2    governed in each polling place by  the  same  privileges  and
 3    limitations  that  apply  to pollwatchers as provided in this
 4    Section.  Any such candidate who engages in an activity in  a
 5    polling  place  which  could  reasonably  be  construed  by a
 6    majority of the judges of election as campaign activity shall
 7    be removed forthwith from such polling place.
 8        Candidates seeking office in a district  or  municipality
 9    encompassing  2 or more counties who desire to be admitted to
10    polling  places  on  election  day  in   such   district   or
11    municipality  shall  be  required to have proper credentials.
12    Such credentials shall be printed in  sufficient  quantities,
13    shall  be  issued by and under the facsimile signature of the
14    election authority of the  election  jurisdiction  where  the
15    polling  place  in  which  the  candidate seeks admittance is
16    located, and shall be available for distribution at  least  2
17    weeks  prior  to  the  election.   Such  credentials shall be
18    signed by the candidate.
19        Candidate  credentials  shall  be  in  substantially  the
20    following form:

21                        CANDIDATE CREDENTIALS
22        TO THE JUDGES OF ELECTION:
23        In accordance with the provisions of the Election Code, I
24    ...... (name  of  candidate)  hereby  certify  that  I  am  a
25    candidate for ....... (name of office) and seek admittance to
26    .......  precinct  of the ....... ward (if applicable) of the
27    ....... (township or municipality) of ....... at the  .......
28    election to be held on (insert date).
29    .........................             .......................
30    (Signature of Candidate)              OFFICE FOR WHICH
31                                          CANDIDATE SEEKS
32                                          NOMINATION OR
33                                          ELECTION
 
                            -105-    LRB093 07599 BDD 16742 a
 1        Pollwatchers   shall   be   permitted   to   observe  all
 2    proceedings relating to the conduct of the  election  and  to
 3    station  themselves  in a position in the voting room as will
 4    enable them  to  observe  the  judges  making  the  signature
 5    comparison  between  the  voter  application  and  the  voter
 6    registration   record  card;  provided,  however,  that  such
 7    pollwatchers shall not be permitted to station themselves  in
 8    such  close  proximity  to  the  judges  of election so as to
 9    interfere with the orderly conduct of the election and  shall
10    not, in any event, be permitted to handle election materials.
11    Pollwatchers    may    challenge   for   cause   the   voting
12    qualifications of a person offering to vote and may  call  to
13    the  attention  of  the  judges  of  election  any  incorrect
14    procedure or apparent violations of this Code.
15        If  a  majority  of the judges of election determine that
16    the  polling  place   has   become   too   overcrowded   with
17    pollwatchers  so  as to interfere with the orderly conduct of
18    the  election,  the  judges  shall,  by   lot,   limit   such
19    pollwatchers   to  a  reasonable  number,  except  that  each
20    established or new political party shall be permitted to have
21    at least one pollwatcher present.
22        Representatives of an election authority, with regard  to
23    an  election  under  its  jurisdiction,  the  State  Board of
24    Elections, and law enforcement agencies,  including  but  not
25    limited  to a United States Attorney, a State's attorney, the
26    Attorney General,  and  a  State,  county,  or  local  police
27    department,  in  the  performance  of their official election
28    duties, shall be permitted at all times to enter  and  remain
29    in  the polling place.  Upon entering the polling place, such
30    representatives shall display their official  credentials  or
31    other identification to the judges of election.
32        Uniformed  police officers assigned to polling place duty
33    shall  follow  all  lawful  instructions  of  the  judges  of
34    election.
 
                            -106-    LRB093 07599 BDD 16742 a
 1        The provisions  of  this  Section  shall  also  apply  to
 2    supervised casting of absentee ballots as provided in Section
 3    19-12.2 of this Act.
 4    (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)

 5        (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
 6        Sec.  17-29.  (a)  No  judge of election, pollwatcher, or
 7    other person shall,  at  any  primary  or  election,  do  any
 8    electioneering  or  soliciting  of  votes  or  engage  in any
 9    political discussion within any polling place or  within  100
10    feet  of any polling place; no person shall interrupt, hinder
11    or oppose any voter while approaching within 100 feet of  any
12    polling  place  for the purpose of voting. Judges of election
13    shall enforce the provisions of this Section.
14        (b)  Election officers shall place 2 or more cones, small
15    United States national flags, or some other marker a distance
16    of 100 horizontal feet from each entrance to the room used by
17    voters to engage in voting,  which  shall  be  known  as  the
18    polling  room.  If  the  polling  room  is  located  within a
19    building that is a public or private school or  a  church  or
20    other  organization  founded  for  the  purpose  of religious
21    worship and the distance of 100 horizontal feet  ends  within
22    the  interior  of  the  building,  then  the markers shall be
23    placed outside of the  building  at  each  entrance  used  by
24    voters  to enter that building on the grounds adjacent to the
25    thoroughfare or walkway.  If  the  polling  room  is  located
26    within a public or private building with 2 or more floors and
27    the  polling  room  is  located on the ground floor, then the
28    markers  shall  be  placed  100  horizontal  feet  from  each
29    entrance to the polling room used  by  voters  to  engage  in
30    voting. If the polling room is located in a public or private
31    building  with  2  or  more  floors  and  the polling room is
32    located on a floor above or below the ground floor, then  the
33    markers  shall  be  placed  a  distance  of 100 feet from the
 
                            -107-    LRB093 07599 BDD 16742 a
 1    nearest elevator or staircase used by voters  on  the  ground
 2    floor  to access the floor where the polling room is located.
 3    The area within where the markers are placed shall  be  known
 4    as  a  campaign  free  zone, and electioneering is prohibited
 5    pursuant to this subsection.
 6        The area on polling place property  beyond  the  campaign
 7    free  zone,  whether publicly or privately owned, is a public
 8    forum for the time that the polls are  open  on  an  election
 9    day.  At  the request of election officers any publicly owned
10    building must be made available for use as a polling place. A
11    person shall have the  right  to  congregate  and  engage  in
12    electioneering  on any polling place property while the polls
13    are open beyond the campaign free  zone,  including  but  not
14    limited to, the placement of temporary signs. This subsection
15    shall  be construed liberally in favor of persons engaging in
16    electioneering on  all  polling  place  property  beyond  the
17    campaign free zone for the time that the polls are open on an
18    election day.
19        (c)  The  regulation  of  electioneering on polling place
20    property on an election day, including but not limited to the
21    placement of temporary  signs,  is  an  exclusive  power  and
22    function  of  the  State.  A  home rule unit may not regulate
23    electioneering and any ordinance or  local  law  contrary  to
24    subsection  (c)  is  declared  void.  This  is  a  denial and
25    limitation of home rule powers and functions under subsection
26    (h) of Section 6 of Article VII of the Illinois Constitution.
27    (Source: P.A. 80-1090.)

28        (10 ILCS 5/Art. 18A heading new)

29                             ARTICLE 18A
30                         PROVISIONAL VOTING

31        (10 ILCS 5/18A-2 new)
 
                            -108-    LRB093 07599 BDD 16742 a
 1        Sec. 18A-2.  Application of Article. In addition  to  and
 2    notwithstanding any other law to the contrary, the procedures
 3    in this Article shall govern provisional voting.

 4        (10 ILCS 5/18A-5 new)
 5        Sec. 18A-5.  Provisional voting; general provisions.
 6        (a)  A  person  who  claims  to  be a registered voter is
 7    entitled to cast a provisional  ballot  under  the  following
 8    circumstances:
 9             (1)  The  person's  name  does  not  appear  on  the
10        official  list  of  eligible  voters,  whether  a list of
11        active or inactive voters, for the precinct in which  the
12        person seeks to vote;
13             (2)  The  person's voting status has been challenged
14        by an election judge, a poll watcher, or any legal  voter
15        and  that  challenge  has been sustained by a majority of
16        the election judges; or
17             (3)  A federal or State court order extends the time
18        for closing the polls beyond the time period  established
19        by  State  law  and  the person votes during the extended
20        time period.
21        (b)  The  procedure   for   obtaining   and   casting   a
22    provisional ballot at the polling place shall be as follows:
23             (1)  An  election  judge  at the polling place shall
24        notify a person who is entitled  to  cast  a  provisional
25        ballot pursuant to subsection (a) that he or she may cast
26        a  provisional ballot in that election. An election judge
27        must accept any information  provided  by  a  person  who
28        casts  a  provisional  ballot  that  the  person believes
29        supports his or her claim  that  he  or  she  is  a  duly
30        registered voter and qualified to vote in the election.
31             (2)  The   person   shall  execute  a  written  form
32        provided by  the  election  judge  that  shall  state  or
33        contain all of the following:
 
                            -109-    LRB093 07599 BDD 16742 a
 1             (i)  an affidavit stating the following:
 2                  State  of Illinois, County of ................,
 3             Township  .............,  Precinct  ........,   Ward
 4             ........,  I,  .......................,  do solemnly
 5             swear (or affirm) that: I am a citizen of the United
 6             States; I am 18  years  of  age  or  older;  I  have
 7             resided  in  this  State and in this precinct for 30
 8             days preceding this election; I have  not  voted  in
 9             this election; I am a duly registered voter in every
10             respect; and I am eligible to vote in this election.
11             Signature  ......  Printed  Name  of  Voter  .......
12             Printed  Residence  Address  of  Voter  ......  City
13             ......  State  ....  Zip Code ..... Telephone Number
14             ...... Date of Birth ....... Last 4 digits of Social
15             Security Number .....  or  Driver's  License  Number
16             ...... or State Identification Card Number.
17             (ii)  Written instruction stating the following:
18                  In  order  to expedite the verification of your
19             voter registration status, the .... (insert name  of
20             county  clerk  of  board  of  election commissioners
21             here) requests that you include  your  phone  number
22             and  both  the  last  four  digits  of  your  social
23             security  number and your driver's license number or
24             State Identification Card  Number  or  other  unique
25             identifier  number issued to you by the Secretary of
26             State or State Board of Elections. At  minimum,  you
27             are required to include either (A) the last 4 digits
28             of  your social security number or (B) your driver's
29             license number, State Identification Card Number  or
30             other  unique identifier number issued to you by the
31             Secretary of State or State Board of Elections,  but
32             not your phone number.
33             (iii)  A  box for the election judge to check one of
34        the 3 reasons why the  person  was  given  a  provisional
 
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 1        ballot under subsection (a) of Section 18A-5.
 2             (iv)  An area for the election judge to affix his or
 3        her  signature and to set forth any facts that support or
 4        oppose the allegation that the person is not qualified to
 5        vote in the precinct in which the person  is  seeking  to
 6        vote.
 7        The  written  affidavit form described in this subsection
 8    (b)(2) must be printed on a multi-part form prescribed by the
 9    county clerk or board of election commissioners, as the  case
10    may be.
11        (3)  After the person executes the portion of the written
12    affidavit  described in subsection (b)(2)(i) of this Section,
13    the election judge shall complete the portion of the  written
14    affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
15        (4)  The   election  judge  shall  give  a  copy  of  the
16    completed written affidavit to the person. The election judge
17    shall place the original written affidavit in a self-adhesive
18    clear plastic packing list envelope that must be attached  to
19    a   separate   envelope   marked  as  a  "provisional  ballot
20    envelope".  The  election  judge   shall   also   place   any
21    information  provided  by  the person who casts a provisional
22    ballot in the  clear  plastic  packing  list  envelope.  Each
23    county  clerk or board of election commissioners, as the case
24    may be, must design, obtain or  procure  self-adhesive  clear
25    plastic   packing   list  envelopes  and  provisional  ballot
26    envelopes that are suitable for implementing this  subsection
27    (b)(4) of this Section.
28        (5)  The  election  judge shall provide the person with a
29    provisional  ballot,  written  instructions  for  casting   a
30    provisional  ballot, and the provisional ballot envelope with
31    the clear plastic packing list envelope affixed to it,  which
32    contains the person's original written affidavit and, if any,
33    information  provided by the provisional voter to support his
34    or her claim that he or she is a duly  registered  voter.  An
 
                            -111-    LRB093 07599 BDD 16742 a
 1    election  judge must also give the person written information
 2    that states that any person who casts  a  provisional  ballot
 3    shall   be   able   to   ascertain,  pursuant  to  guidelines
 4    established by the State  Board  of  Elections,  whether  the
 5    provisional vote was counted in the official canvass of votes
 6    for  that  election  and,  if  the  provisional  vote was not
 7    counted, the reason that the vote was not counted.
 8        (6)  After the person has completed marking  his  or  her
 9    provisional  ballot,  he or she shall place the marked ballot
10    inside of the provisional ballot envelope, close and seal the
11    envelope, and return the envelope to an election  judge,  who
12    shall  then  deposit  the  sealed provisional ballot envelope
13    into a securable container separately identified and utilized
14    for  containing  sealed  provisional  ballot  envelopes.  The
15    securable  container  shall  be  sealed  with  filament  tape
16    provided for that purpose, which shall be wrapped around  the
17    box  lengthwise  and  crosswise, at least twice each way, and
18    each of the election judges shall sign the seal.
19        (c)  Instead  of  the   affidavit   form   described   in
20    subsection  (b),  the  county  clerk  or  board  of  election
21    commissioners,  as  the  case  may  be,  may design and use a
22    multi-part affidavit form that is imprinted upon or  attached
23    to  the provisional ballot envelope described subsection (b).
24    If a county clerk or board of election  commissioners  elects
25    to design and use its own multi-part affidavit form, then the
26    county   clerk  or  board  of  election  commissioners  shall
27    establish a  mechanism  for  accepting  any  information  the
28    provisional  voter  has  supplied  to  the  election judge to
29    support his or her claim that he or she is a duly  registered
30    voter.  In  all  other  respects,  a county clerk or board of
31    election commissioners shall establish procedures  consistent
32    with subsection (b).
33        (d)  The county clerk or board of election commissioners,
34    as  the  case  may be, shall use the completed affidavit form
 
                            -112-    LRB093 07599 BDD 16742 a
 1    described in subsection (b)  to  update  the  person's  voter
 2    registration  information  in  the  State  voter registration
 3    database and voter registration database of the county  clerk
 4    or  board of election commissioners, as the case may be. If a
 5    person is later determined not to be a registered voter based
 6    on Section 18A-15 of this Code, then the affidavit  shall  be
 7    processed   by   the   county  clerk  or  board  of  election
 8    commissioners, as the case may be, as  a  voter  registration
 9    application.

10        (10 ILCS 5/18A-10 new)
11        Sec.   18A-10.  Sealing   and   transporting  provisional
12    ballots.
13        (a)  Upon the closing of the polls, 2 election judges not
14    of the same political party shall return to the county  clerk
15    or  board  of  election  commissioners  the  unopened  sealed
16    securable  container  containing the provisional ballots to a
17    location specified by the county clerk or board  of  election
18    commissioners  in  the  most  direct manner of transport. The
19    county clerk or board of election  commissioners  shall  keep
20    the  securable  container  secure  until  such  time  as  the
21    provisional  ballots  are  counted in accordance with Section
22    18A-15.
23        (b)  Upon receipt of materials returned from the  polling
24    places,  the  county clerk or board of election commissioners
25    shall update the State voter registration list and the  voter
26    registration  database  of  the  county  clerk  or  board  of
27    election  commissioners,  as  the  case  may be, by using the
28    affidavit forms of provisional voters.

29        (10 ILCS 5/18A-15 new)
30        Sec.   18A-15.  Validating   and   counting   provisional
31    ballots.
32        (a)  The county clerk or board of election  commissioners
 
                            -113-    LRB093 07599 BDD 16742 a
 1    shall  complete  the  validation  and counting of provisional
 2    ballots within 14 calendar days of the day of  the  election.
 3    The  county  clerk  or  board of election commissioners shall
 4    have 7 calendar days from the completion  of  the  validation
 5    and  counting  of  provisional  ballots  to conduct its final
 6    canvass. The State Board of Election shall complete within 31
 7    calendar days of the election or sooner if  all  the  returns
 8    are  received,  its  final canvass of the vote for all public
 9    offices.
10        (b)  If a county clerk or board of election commissioners
11    determines  that  all  of  the  following   apply,   then   a
12    provisional ballot is valid and shall be counted as a vote:
13             (1)  The  provisional  voter  cast  the  provisional
14        ballot  in  the  correct  precinct  based  on the address
15        provided by the provisional voter;
16             (2)  The affidavit executed by the provisional voter
17        pursuant  to  subsection  (b)(2)  of  Section  18A-10  is
18        properly executed; and
19             (3)  the provisional voter  is  a  registered  voter
20        based  on  information  available  to the county clerk or
21        board of election commissioners provided by  or  obtained
22        from any of the following:
23                  i.  the provisional voter;
24                  ii.  an election judge;
25                  iii.  the    State-wide    voter   registration
26             database maintained by the State Board of Elections;
27                  iv.  the records of the county clerk  or  board
28             of election commissioners' database; or
29                  v.  the records of the Secretary of State.
30        (c)  With  respect  to subsection (b)(3) of this Section,
31    the county clerk or board  of  election  commissioners  shall
32    investigate  whether  each  of  the 5 types of information is
33    available and record whether this information is  or  is  not
34    available.  If one or more types of information is available,
 
                            -114-    LRB093 07599 BDD 16742 a
 1    then the county clerk  or  board  of  election  commissioners
 2    shall  obtain  all  relevant  information  from  all  sources
 3    identified in subsection (b)(3). The county clerk or board of
 4    election  commissioners  shall use any information it obtains
 5    as the basis for determining the voter registration status of
 6    the  provisional  voter.  If  a  conflict  exists  among  the
 7    information  available  to  the  county  clerk  or  board  of
 8    election commissioners as to the registration status  of  the
 9    provisional voter, then the county clerk or board of election
10    commissioners   shall  make  a  determination  based  on  the
11    totality of the circumstances. In  a  case  where  the  above
12    information  equally  supports  or  opposes  the registration
13    status of the voter, the county clerk or  board  of  election
14    commissioners  shall decide in favor of the provisional voter
15    as being duly registered to  vote.  If  the  Statewide  voter
16    registration  database  maintained  by  the  State  Board  of
17    Elections  indicates that the provisional voter is registered
18    to  vote,  but  the  county  clerk's  or  board  of  election
19    commissioners' voter registration database indicates that the
20    provisional  voter  is  not  registered  to  vote,  then  the
21    information  found  in  the  statewide   voter   registration
22    database  shall  control the matter and the provisional voter
23    shall be deemed to be registered to vote. If the  records  of
24    the county clerk or board of election commissioners indicates
25    that  the  provisional  voter  is registered to vote, but the
26    State-wide voter  registration  database  maintained  by  the
27    State Board of Elections indicates that the provisional voter
28    is  not registered to vote, then the information found in the
29    records  of  the  county   clerk   or   board   of   election
30    commissioners  shall  control  the matter and the provisional
31    voter shall be deemed  to  be  registered  to  vote.  If  the
32    provisional  voter's  signature  on  his  or  her provisional
33    ballot request varies from  the  signature  on  an  otherwise
34    valid   registration   application   solely  because  of  the
 
                            -115-    LRB093 07599 BDD 16742 a
 1    substitution of initials for the first or  middle  name,  the
 2    election authority may not reject the provisional ballot.
 3        (d)  In  validating  the  registration status of a person
 4    casting a provisional ballot, the county clerk  or  board  of
 5    election  commissioners shall not require a provisional voter
 6    to complete any form other than the affidavit executed by the
 7    provisional voter under subsection (b)(2) of  Section  18A-5.
 8    In   addition,   the   county  clerk  or  board  of  election
 9    commissioners shall not require all provisional voters or any
10    particular class or group of  provisional  voters  to  appear
11    personally  before  the  county  clerk  or  board of election
12    commissioners or as a matter of  policy  require  provisional
13    voters   to   submit  additional  information  to  verify  or
14    otherwise support the information already  submitted  by  the
15    provisional  voter.  The  provisional  voter  may,  within  2
16    calendar   days   after   the   election,  submit  additional
17    information  to  the  county  clerk  or  board  of   election
18    commissioners.  This  information  must  be  received  by the
19    county clerk or board of election  commissioners  within  the
20    2-calendar-day period.
21        (e)  If   the   county   clerk   or   board  of  election
22    commissioners determines that subsection (b)(1),  (b)(2),  or
23    (b)(3)  does  not  apply,  then the provisional ballot is not
24    valid and may not be counted. The provisional ballot envelope
25    containing the ballot cast by the provisional voter  may  not
26    be   opened.   The   county   clerk   or  board  of  election
27    commissioners shall write on the provisional ballot  envelope
28    the following: "Provisional ballot determined invalid.".
29        (f)  If   the   county   clerk   or   board  of  election
30    commissioners determines that a provisional ballot  is  valid
31    under  this  Section,  then  the  provisional ballot envelope
32    shall be opened.  The  outside  of  each  provisional  ballot
33    envelope  shall  also  be marked to identify the precinct and
34    the date of the election.
 
                            -116-    LRB093 07599 BDD 16742 a
 1        (g)  The provisional ballots determined to be valid shall
 2    be added to the vote totals for the precincts from which they
 3    were cast in the order in which the ballots were opened.  The
 4    county  clerk  or board of election commissioners may, in the
 5    alternative, create a separate provisional-voter precinct for
 6    the purpose of counting and recording provisional ballots and
 7    adding the  recorded  votes  to  its  official  canvass.  The
 8    validation  and  counting  of  provisional  ballots  shall be
 9    subject  to  the  provisions  of  this  Code  that  apply  to
10    pollwatchers. If the provisional ballots are a  ballot  of  a
11    punch  card  voting system, then the provisional ballot shall
12    be counted in a manner consistent with Article  24A.  If  the
13    provisional  ballots  are  a  ballot of optical scan or other
14    type  of  approved  electronic  voting   system,   then   the
15    provisional  ballots  shall be counted in a manner consistent
16    with Article 24B.
17        (h)  As soon  as  the  ballots  have  been  counted,  the
18    election  judges or election officials shall, in the presence
19    of the county clerk or board of election commissioners, place
20    each of the following items in a separate  envelope  or  bag:
21    (1)  all  provisional  ballots,  voted  or  spoiled;  (2) all
22    provisional ballot envelopes of provisional ballots voted  or
23    spoiled;  and  (3) all executed affidavits of the provisional
24    ballots voted or spoiled. All  provisional  ballot  envelopes
25    for  provisional  voters  who  have been determined not to be
26    registered to vote shall remain sealed.  The county clerk  or
27    board  of  election commissioners shall treat the provisional
28    ballot envelope containing the written affidavit as  a  voter
29    registration   application  for  that  person  for  the  next
30    election and process that application. The election judges or
31    election officials shall then securely seal each envelope  or
32    bag,  initial  the  envelope  or bag, and plainly mark on the
33    outside of the envelope or bag in ink the precinct  in  which
34    the  provisional  ballots  were  cast. The election judges or
 
                            -117-    LRB093 07599 BDD 16742 a
 1    election officials shall then place each sealed  envelope  or
 2    bag  into  a  box,  secure  and seal it in the same manner as
 3    described in item (6) of subsection  (b)  of  Section  18A-5.
 4    Each  election  judge  or  election  official  shall take and
 5    subscribe an  oath  before  the  county  clerk  or  board  of
 6    election  commissioners  that  the election judge or election
 7    official securely kept the ballots and papers in the box, did
 8    not permit any person to open the box or otherwise  touch  or
 9    tamper  with  the  ballots  and papers in the box, and has no
10    knowledge of any other person opening the box.  For  purposes
11    of  this  Section,  the  term  "election  official" means the
12    county  clerk,  a   member   of   the   board   of   election
13    commissioners,  as  the  case  may  be,  and their respective
14    employees.

15        (10 ILCS 5/18A-20 new)
16        Sec. 18A-20.  Provisional voting verification system.  In
17    conjunction  with  each  county  clerk  or  board of election
18    commissioners, the State Board of Elections shall establish a
19    uniform free access information  system  by  which  a  person
20    casting  a  provisional  ballot  may  ascertain  whether  the
21    provisional vote was counted in the official canvass of votes
22    for  that  election  and,  if  the  vote was not counted, the
23    reason that the vote was not counted. Nothing in this Section
24    shall  prohibit  a  county  clerk  or  a  board  of  election
25    commissioner  from  establishing  a   uniform   free   access
26    information  system described in this Section so long as that
27    system is consistent with the federal Help America Vote Act.

28        (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
29        Sec.  19-2.1.  At  the  consolidated   primary,   general
30    primary,   consolidated,   and  general  elections,  electors
31    entitled to vote by absentee ballot under the  provisions  of
32    Section  19-1  may  vote  in  person  at  the  office  of the
 
                            -118-    LRB093 07599 BDD 16742 a
 1    municipal  clerk,  if  the  elector  is  a  resident   of   a
 2    municipality not having a board of election commissioners, or
 3    at the office of the township clerk or, in counties not under
 4    township  organization,  at  the  office of the road district
 5    clerk if the elector is not a  resident  of  a  municipality;
 6    provided,  in  each case that the municipal, township or road
 7    district clerk, as the case may be, is authorized to  conduct
 8    in-person absentee voting pursuant to this Section.  Absentee
 9    voting  in  such municipal and township clerk's offices under
10    this Section shall be conducted from the 22nd day through the
11    day before the election.
12        Municipal and township clerks (or road  district  clerks)
13    who  have  regularly  scheduled  working  hours  at regularly
14    designated offices other than a place of residence and  whose
15    offices  are  open  for business during the same hours as the
16    office of the  election  authority  shall  conduct  in-person
17    absentee  voting  for said elections.  Municipal and township
18    clerks (or  road  district  clerks)  who  have  no  regularly
19    scheduled  working  hours  but  who have regularly designated
20    offices  other  than  a  place  of  residence  shall  conduct
21    in-person absentee voting for said elections during the hours
22    of 8:30 a.m.  to  4:30  p.m.  or  9:00  a.m.  to  5:00  p.m.,
23    weekdays,  and  9:00 a.m. to 12:00 noon on Saturdays, but not
24    during such hours as the office of the election authority  is
25    closed,  unless  the  clerk  files  a written waiver with the
26    election authority not later than July 1 of each year stating
27    that he or she is unable  to  conduct  such  voting  and  the
28    reasons  therefor. Such clerks who conduct in-person absentee
29    voting may extend their hours for that purpose to include any
30    hours in which  the  election  authority's  office  is  open.
31    Municipal  and  township clerks (or road district clerks) who
32    have no regularly scheduled office  hours  and  no  regularly
33    designated  offices  other  than a place of residence may not
34    conduct in-person absentee voting for  said  elections.   The
 
                            -119-    LRB093 07599 BDD 16742 a
 1    election   authority   may  devise  alternative  methods  for
 2    in-person absentee voting before  said  elections  for  those
 3    precincts   located   within   the   territorial  area  of  a
 4    municipality or township (or road district) wherein the clerk
 5    of such municipality  or  township  (or  road  district)  has
 6    waived  or  is  not  entitled  to  conduct  such  voting.  In
 7    addition,  electors  may  vote  by  absentee ballot under the
 8    provisions of Section 19-1 at  the  office  of  the  election
 9    authority having jurisdiction over their residence.
10        In  conducting  absentee  voting  under this Section, the
11    respective  clerks  shall  not  be  required  to  verify  the
12    signature of  the  absentee  voter  by  comparison  with  the
13    signature  on the official registration record card. However,
14    the clerk shall reasonably ascertain  the  identity  of  such
15    applicant,  shall  verify  that  each  such  applicant  is  a
16    registered  voter,  and shall verify the precinct in which he
17    or she is registered and the proper ballots of the  political
18    subdivisions  in  which the applicant resides and is entitled
19    to vote, prior to  providing  any  absentee  ballot  to  such
20    applicant.   The   clerk   shall   verify   the   applicant's
21    registration  and  from the most recent poll list provided by
22    the county clerk, and if the applicant is not listed on  that
23    poll list then by telephoning the office of the county clerk.
24        Absentee   voting   procedures   in  the  office  of  the
25    municipal, township and road district clerks shall be subject
26    to all of the  applicable  provisions  of  this  Article  19.
27    Pollwatchers  may  be appointed to observe in-person absentee
28    voting procedures at the office of the municipal, township or
29    road district clerks' offices where such absentee  voting  is
30    conducted.   Such pollwatchers shall qualify and be appointed
31    in the same manner as provided in Sections  7-34  and  17-23,
32    except  each  candidate,  political  party or organization of
33    citizens may appoint only one pollwatcher for  each  location
34    where  in-person  absentee voting is conducted.  Pollwatchers
 
                            -120-    LRB093 07599 BDD 16742 a
 1    must shall be registered to vote in Illinois residents of the
 2    county  and  possess  valid  pollwatcher   credentials.   All
 3    requirements   in   this   Article   applicable  to  election
 4    authorities shall  apply  to  the  respective  local  clerks,
 5    except where inconsistent with this Section.
 6        The  sealed  absentee  ballots  in their carrier envelope
 7    shall be delivered  by  the  respective  clerks,  or  by  the
 8    election  authority on behalf of a clerk if the clerk and the
 9    election authority agree,  to the proper polling place before
10    the close of the polls on the day  of  the  general  primary,
11    consolidated primary, consolidated, or general election.
12        Not more than 23 days before the nonpartisan, general and
13    consolidated elections, the county clerk shall make available
14    to   those  municipal,  township  and  road  district  clerks
15    conducting in-person absentee voting within  such  county,  a
16    sufficient   number   of   applications,   absentee  ballots,
17    envelopes, and printed voting instruction slips  for  use  by
18    absentee voters in the offices of such clerks. The respective
19    clerks  shall  receipt for all ballots received, shall return
20    all unused or spoiled ballots to the county clerk on the  day
21    of  the  election  and shall strictly account for all ballots
22    received.
23        The ballots delivered  to  the  respective  clerks  shall
24    include   absentee   ballots   for   each   precinct  in  the
25    municipality, township or road  district,  or  shall  include
26    such   separate   ballots   for  each  political  subdivision
27    conducting an election of officers or a  referendum  on  that
28    election day as will permit any resident of the municipality,
29    township  or  road district to vote absentee in the office of
30    the proper clerk.
31        The clerks of  all  municipalities,  townships  and  road
32    districts may distribute applications for absentee ballot for
33    the  use  of voters who wish to mail such applications to the
34    appropriate  election  authority.    Such  applications   for
 
                            -121-    LRB093 07599 BDD 16742 a
 1    absentee  ballots  shall  be  made  on  forms provided by the
 2    election  authority.   Duplication  of  such  forms  by   the
 3    municipal, township or road district clerk is prohibited.
 4    (Source: P.A. 91-210, eff. 1-1-00.)

 5        (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
 6        Sec. 19-2.2.  (a) During the period beginning on the 40th
 7    day  preceding  an  election  and  continuing through the day
 8    preceding such election, no  advertising  pertaining  to  any
 9    candidate  or proposition to be voted upon shall be displayed
10    in or within 100 feet of any room used by voters pursuant  to
11    this  Article;  nor shall any person engage in electioneering
12    in or within 100 feet of  any  such  room.   Any  person  who
13    violates  this  Section  may  be  punished as for contempt of
14    court.
15        (b)  Election officers shall place 2 or more cones, small
16    United States national flags, or some other marker a distance
17    of 100 horizontal feet from each entrance to the room used by
18    voters to engage in voting,  which  shall  be  known  as  the
19    polling  room.  If  the  polling  room  is  located  within a
20    building that is a public or private school or  a  church  or
21    other  organization  founded  for  the  purpose  of religious
22    worship and the distance of 100 horizontal feet  ends  within
23    the  interior  of  the  building,  then  the markers shall be
24    placed outside of the  building  at  each  entrance  used  by
25    voters  to enter that building on the grounds adjacent to the
26    thoroughfare or walkway.  If  the  polling  room  is  located
27    within a public or private building with 2 or more floors and
28    the  polling  room  is  located on the ground floor, then the
29    markers  shall  be  placed  100  horizontal  feet  from  each
30    entrance to the polling room used  by  voters  to  engage  in
31    voting. If the polling room is located in a public or private
32    building  with  2  or  more  floors  and  the polling room is
33    located on a floor above or below the ground floor, then  the
 
                            -122-    LRB093 07599 BDD 16742 a
 1    markers  shall  be  placed  a  distance  of 100 feet from the
 2    nearest elevator or staircase used by voters  on  the  ground
 3    floor  to access the floor where the polling room is located.
 4    The area within where the markers are placed shall  be  known
 5    as  a  campaign  free  zone, and electioneering is prohibited
 6    pursuant to this subsection.
 7        The area on polling place property  beyond  the  campaign
 8    free  zone,  whether publicly or privately owned, is a public
 9    forum for the time that the polls are  open  on  an  election
10    day.  At  the request of election officers any publicly owned
11    building must be made available for use as a polling place. A
12    person shall have the  right  to  congregate  and  engage  in
13    electioneering  on any polling place property while the polls
14    are open beyond the campaign free  zone,  including  but  not
15    limited to, the placement of temporary signs. This subsection
16    shall  be construed liberally in favor of persons engaging in
17    electioneering on  all  polling  place  property  beyond  the
18    campaign free zone for the time that the polls are open on an
19    election day.
20        (c)  The  regulation  of  electioneering on polling place
21    property on an election day, including but not limited to the
22    placement of temporary  signs,  is  an  exclusive  power  and
23    function  of  the  State.  A  home rule unit may not regulate
24    electioneering and any ordinance or  local  law  contrary  to
25    subsection  (b)  is  declared  void.  This  is  a  denial and
26    limitation of home rule powers and functions under subsection
27    (h) of Section 6 of Article VII of the Illinois Constitution.
28    (Source: P.A. 80-1281; 80-1469; 80-1494.)

29        (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
30        Sec. 19-4.  Mailing  or  delivery  of  ballots  -  Time.)
31    Immediately  upon  the  receipt of such application either by
32    mail, not more than 40 days nor less than  5  days  prior  to
33    such  election, or by personal delivery not more than 40 days
 
                            -123-    LRB093 07599 BDD 16742 a
 1    nor less than one day prior to such election,  at the  office
 2    of  such  election  authority,  it  shall be the duty of such
 3    election  authority  to  examine  the  records  to  ascertain
 4    whether or not such applicant is lawfully entitled to vote as
 5    requested, and if found so to be, to post within one business
 6    day thereafter the name, street address,  ward  and  precinct
 7    number  or  township and district number, as the case may be,
 8    of such applicant given on a list, the pages of which are  to
 9    be  numbered  consecutively  to  be  kept  by  such  election
10    authority  for such purpose in a conspicuous, open and public
11    place accessible to the public at the entrance of the  office
12    of  such  election  authority, and in such a manner that such
13    list may be viewed without necessity of requesting permission
14    therefor, and within 2  business  days  thereafter  to  mail,
15    postage  prepaid,  or  deliver  in  person  in such office an
16    official ballot or ballots if more than one are to  be  voted
17    at  said election. Each election authority that has a website
18    or establishes a website after the  effective  date  of  this
19    amendatory Act of the 93rd General Assembly shall post on its
20    website  the  list  described  above within one business day.
21    Each election authority that does not have a  website  on  or
22    after  the  effective date of this amendatory Act of the 93rd
23    General Assembly shall  make  available  to  members  of  the
24    public  on  a  daily  basis  a  copy  of  the  above  list in
25    electronic  format.  Mail  delivery  of  Temporarily   Absent
26    Student ballot applications pursuant to Section 19-12.3 shall
27    be  by  nonforwardable  mail.   However, for the consolidated
28    election, absentee  ballots  for  certain  precincts  may  be
29    delivered  to  applicants  not  less  than 25 days before the
30    election if so much time is required  to  have  prepared  and
31    printed the ballots containing the names of persons nominated
32    for   offices  at  the  consolidated  primary.  The  election
33    authority  shall  enclose  with  each  absentee   ballot   or
34    application  written  instructions  on  how voting assistance
 
                            -124-    LRB093 07599 BDD 16742 a
 1    shall be provided pursuant to Section 17-14 and  a  document,
 2    written  and  approved  by  the  State  Board  of  Elections,
 3    enumerating   the  circumstances  under  which  a  person  is
 4    authorized to  vote  by  absentee  ballot  pursuant  to  this
 5    Article;   such  document  shall  also  include  a  statement
 6    informing the applicant that if he or  she  falsifies  or  is
 7    solicited  by  another  to  falsify his or her eligibility to
 8    cast an absentee ballot, such applicant or other  is  subject
 9    to  penalties  pursuant to Section 29-10 and Section 29-20 of
10    the Election Code.  Each election authority shall maintain  a
11    list  of  the  name,  street  address,  ward and precinct, or
12    township and district number, as the  case  may  be,  of  all
13    applicants   who  have  returned  absentee  ballots  to  such
14    authority, and the name of such absent voter shall  be  added
15    to  such  list  within  one business day from receipt of such
16    ballot. If the absentee ballot envelope  indicates  that  the
17    voter  was  assisted  in  casting the ballot, the name of the
18    person so assisting shall be included on the list. The  list,
19    the pages of which are to be numbered consecutively, shall be
20    kept  by  each election authority in a conspicuous, open, and
21    public place accessible to the public at the entrance of  the
22    office  of  the  election  authority and in a manner that the
23    list may be viewed without necessity of requesting permission
24    for viewing.
25        Each election authority shall maintain a  list  for  each
26    election  of  the  voters  to  whom  it  has  issued absentee
27    ballots. The list  shall  be  maintained  for  each  precinct
28    within  the  jurisdiction of the election authority. Prior to
29    the opening of  the  polls  on  election  day,  the  election
30    authority  shall  deliver  to  the judges of election in each
31    precinct the list of registered voters in  that  precinct  to
32    whom absentee ballots have been issued by mail.
33        Each  election  authority  shall maintain a list for each
34    election of voters to whom it has issued  temporarily  absent
 
                            -125-    LRB093 07599 BDD 16742 a
 1    student  ballots.   The  list  shall  be  maintained for each
 2    election jurisdiction within which  such  voters  temporarily
 3    abide.   Immediately  after  the  close  of the period during
 4    which application may be  made by mail for absentee  ballots,
 5    each  election  authority  shall  mail to each other election
 6    authority within the State  a  certified  list  of  all  such
 7    voters  temporarily  abiding  within  the jurisdiction of the
 8    other election authority.
 9        In the event that the return address  of  an  application
10    for ballot by a physically incapacitated elector is that of a
11    facility  licensed  or  certified under the Nursing Home Care
12    Act, within the jurisdiction of the election  authority,  and
13    the  applicant is a registered voter in the precinct in which
14    such facility is located, the ballots shall be  prepared  and
15    transmitted  to a responsible judge of election no later than
16    9  a.m.  on  the  Saturday,  Sunday  or  Monday   immediately
17    preceding   the   election  as  designated  by  the  election
18    authority under Section 19-12.2. Such judge shall deliver  in
19    person  on  the designated day the ballot to the applicant on
20    the premises of the facility from which application was made.
21    The election authority shall by mail notify the applicant  in
22    such facility that the ballot will be delivered by a judge of
23    election on the designated day.
24        All  applications for absentee ballots shall be available
25    at the office of the election authority for public inspection
26    upon request from the time of receipt thereof by the election
27    authority until 30 days after the election, except during the
28    time such applications are kept in the office of the election
29    authority pursuant to Section 19-7,  and  except  during  the
30    time such applications are in the possession of the judges of
31    election.
32    (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)

33        (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
 
                            -126-    LRB093 07599 BDD 16742 a
 1        Sec.  19-10.  Pollwatchers  may  be  appointed to observe
 2    in-person absentee voting procedures at  the  office  of  the
 3    election  authority as well as at municipal, township or road
 4    district  clerks'  offices  where  such  absentee  voting  is
 5    conducted.  Such pollwatchers shall qualify and be  appointed
 6    in  the  same  manner as provided in Sections 7-34 and 17-23,
 7    except each candidate, political  party  or  organization  of
 8    citizens  may  appoint only one pollwatcher for each location
 9    where in-person absentee voting  is  conducted.  Pollwatchers
10    must shall be registered to vote in Illinois residents of the
11    county and possess valid pollwatcher credentials.
12        In  the polling place on election day, pollwatchers shall
13    be permitted to be present during the casting of  the  absent
14    voters'  ballots  and  the  vote  of  any absent voter may be
15    challenged for cause the same as if he were present and voted
16    in person, and the judges  of  the  election  or  a  majority
17    thereof  shall have power and authority to hear and determine
18    the legality of such ballot; Provided,  however,  that  if  a
19    challenge  to  any absent voter's right to vote is sustained,
20    notice of the same must be given by the judges of election by
21    mail addressed to the voter's place of residence.
22        Where certain absent voters' ballots are counted  on  the
23    day  of  the election in the office of the election authority
24    as provided in Section  19-8  of  this  Act,  each  political
25    party,  candidate  and  qualified civic organization shall be
26    entitled to have present one pollwatcher for  each  panel  of
27    election  judges therein assigned. Such pollwatchers shall be
28    subject  to  the  same  provisions  as   are   provided   for
29    pollwatchers  in  Sections  7-34  and 17-23 of this Code, and
30    shall be permitted to observe the election judges making  the
31    signature  comparison   between  that  which is on the ballot
32    envelope  and  that  which  is   on   the   permanent   voter
33    registration record card taken from the master file.
34    (Source: P.A. 86-875.)
 
                            -127-    LRB093 07599 BDD 16742 a
 1        (10 ILCS 5/22-5) (from Ch. 46, par. 22-5)
 2        Sec.  22-5.  Immediately  after  the  completion  of  the
 3    abstracts  of  votes,  the  county clerk shall make 2 correct
 4    copies of the abstracts of  votes  for  Governor,  Lieutenant
 5    Governor,  Secretary  of State, State Comptroller, Treasurer,
 6    Attorney General, both of which said copies he shall envelope
 7    and seal up, and endorse upon  the  envelopes  in  substance,
 8    "Abstracts of votes for State Officers from .... County"; and
 9    shall  seal  up  a copy of each of the abstracts of votes for
10    other officers and amendments to the Constitution  and  other
11    propositions voted on, and endorse the same so as to show the
12    contents  of  the  package, and address the same to the State
13    Board of Elections. The several packages shall then be placed
14    in  one  envelope  and  addressed  to  the  State  Board   of
15    Elections.  The  county  clerk shall send the sealed envelope
16    addressed to the State Board of Elections via overnight  mail
17    so it arrives at the address the following calendar day.
18    (Source: P.A. 78-592; 78-918; 78-1297.)

19        (10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
20        Sec.  22-9.  It  shall  be  the  duty  of  such  Board of
21    Canvassers to canvass, and add up and declare the  result  of
22    every  election  hereafter held within the boundaries of such
23    city, village or incorporated town, operating under Article 6
24    of this Act,  and  the  judge  of  the  circuit  court  shall
25    thereupon  enter  of  record  such abstract and result, and a
26    certified copy of such record shall thereupon be  filed  with
27    the County Clerk of the county; and such abstracts or results
28    shall  be treated, by the County Clerk in all respects, as if
29    made by the Canvassing Board now provided  by  the  foregoing
30    sections  of  this law, and he shall transmit the same to the
31    State  Board  of  Elections,  or  other  proper  officer,  as
32    required hereinabove.  The county clerk or board of  election
33    commissioners,  as  the  case may be, shall send the abstract
 
                            -128-    LRB093 07599 BDD 16742 a
 1    and result in a sealed envelope addressed to the State  Board
 2    of  Elections via overnight mail so it arrives at the address
 3    the following calendar day. And such abstracts or results  so
 4    entered  and  declared  by  such  judge, and a certified copy
 5    thereof, shall be treated everywhere within the state, and by
 6    all public officers, with the same binding force  and  effect
 7    as  the  abstract  of  votes  now authorized by the foregoing
 8    provisions of this Act.
 9    (Source: P.A. 78-918.)

10        (10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
11        Sec.  22-15.  The  county  clerk  or  board  of  election
12    commissioners  shall,  upon  request,  and  by  mail  if   so
13    requested,  furnish free of charge to any candidate for State
14    office, including State Senator  and  Representative  in  the
15    General Assembly, and any candidate for congressional office,
16    whose  name  appeared upon the ballot within the jurisdiction
17    of the county clerk or board  of  election  commissioners,  a
18    copy  of the abstract of votes by precinct for all candidates
19    for the office for which such person was  a  candidate.  Such
20    abstract  shall  be  furnished no later than 2 days after the
21    receipt of the request or 8 days after the completing of  the
22    canvass, whichever is later.
23        Within one calendar day 10 days following the canvass and
24    proclamation  of  each  general  primary election and general
25    election, each  election  authority  shall  transmit  to  the
26    principal  office  of  the State Board of Elections copies of
27    the abstracts  of  votes  by  precinct  for  the  above-named
28    offices  and  for the offices of ward, township, and precinct
29    committeeman via overnight mail so that the abstract of votes
30    arrives at the address  the  following  calendar  day.   Each
31    election  authority  shall  also  transmit  to  the principal
32    office of the State Board  of  Elections  copies  of  current
33    precinct poll lists.
 
                            -129-    LRB093 07599 BDD 16742 a
 1    (Source: P.A. 83-880.)

 2        (10 ILCS 5/23-15.1 new)
 3        Sec.  23-15.1.  Production  of  ballot  counting code and
 4    attendance of witnesses.  All  voting-system  vendors  shall,
 5    within   90   days  after  the  adoption  of  rules  or  upon
 6    application for voting-system approval, place in  escrow  all
 7    computer  code  for  its  voting  system  with State Board of
 8    Elections. The State  Board  of  Elections  shall  promulgate
 9    rules  to  implement  this  Section.  For  purposes  of  this
10    Section,  the  term  "computer  code"  includes,  but  is not
11    limited to, ballot counting source  code,  table  structures,
12    modules,   program   narratives,  and  other  human  readable
13    computer instructions used to  count  ballots.  Any  computer
14    code  submitted  by  vendors  to the State Board of Elections
15    shall   be   considered   strictly   confidential   and   the
16    intellectual property of the vendors and shall not be subject
17    to public disclosure under the Freedom of Information Act.
18        The  State  Board  of  Elections  shall  determine  which
19    software components of a voting system it deems necessary  to
20    enable the review and verification of the computer. The State
21    Board  of Elections shall secure and maintain all proprietary
22    computer codes in strict confidence and shall make a computer
23    code available to authorized persons in  connection  with  an
24    election  contest  or  pursuant to any State or federal court
25    order.
26        In an election contest, each party  to  the  contest  may
27    designate  one  or more persons who are authorized to receive
28    the computer code of the relevant voting systems. The  person
29    or  persons  authorized to receive the relevant computer code
30    shall enter into a confidentiality agreement with  the  State
31    Board  of  Elections  and must exercise the highest degree of
32    reasonable  care  to  maintain  the  confidentiality  of  all
33    proprietary information.
 
                            -130-    LRB093 07599 BDD 16742 a
 1        The State Board of Elections shall  promulgate  rules  to
 2    provide   for  the  security,  review,  and  verification  of
 3    computer codes. Verification includes, but is not limited to,
 4    determining that the computer code  corresponds  to  computer
 5    instructions  actually  in  use  to count ballots. Nothing in
 6    this Section shall impair  the  obligation  of  any  contract
 7    between  a  voting-systems  vendor  and an election authority
 8    that provides access to computer code that  is  equal  to  or
 9    greater than that provided by this Section.

10        (10 ILCS 5/24A-22 new)
11        Sec. 24A-22.  Definition of a vote.
12        (a)  Notwithstanding  any  law  to  the contrary, for the
13    purpose of this Article, a person casts a  valid  vote  on  a
14    punch card ballot when:
15             (1)  A  chad  on  the  card  has at least one corner
16        detached from the card;
17             (2)  The fibers of paper on at least one edge of the
18        chad are broken in a way that  permits unimpeded light to
19        be seen through the card; or
20             (3)  An indentation on the chad from the  stylus  or
21        other   object   is   present  and  indicates  a  clearly
22        ascertainable intent of the voter to vote  based  on  the
23        totality  of the circumstances, including but not limited
24        to any pattern or  frequency  of  indentations  on  other
25        ballot positions from the same ballot card.
26        (b)  Write-in   votes   shall  be  counted  in  a  manner
27    consistent with the existing provisions of this Code.
28        (c)  For purposes of  this  Section,  a  "chad"  is  that
29    portion  of  a ballot card that a voter punches or perforates
30    with a stylus or other designated marking device to  manifest
31    his  or her vote for a particular ballot position on a ballot
32    card as defined in subsection (a).  Chads  shall  be  removed
33    from ballot cards prior to their processing and tabulation in
 
                            -131-    LRB093 07599 BDD 16742 a
 1    election  jurisdictions that utilize a ballot card as a means
 2    of recording votes at  an  election.  Election  jurisdictions
 3    that utilize a mechanical means or device for chad removal as
 4    a  component  of  their  tabulation  shall  use that means or
 5    device for chad removal.

 6        (10 ILCS 5/24B-2)
 7        Sec. 24B-2.  Definitions.  As used in this Article:
 8        "Computer",   "automatic   tabulating    equipment"    or
 9    "equipment"  includes  apparatus  necessary  to automatically
10    examine and count votes as designated on  ballots,  and  data
11    processing  machines  which  can be used for counting ballots
12    and tabulating results.
13        "Ballot" means paper ballot sheets.
14        "Ballot configuration" means the  particular  combination
15    of   political   subdivision   ballots  including,  for  each
16    political subdivision, the particular combination of offices,
17    candidate names and questions as it appears for each group of
18    voters who may cast the same ballot.
19        "Ballot sheet" means a paper ballot  printed  on  one  or
20    both  sides  which  is  (1) designed and prepared so that the
21    voter may indicate his or  her  votes  in  designated  areas,
22    which  must  be areas clearly printed or otherwise delineated
23    for such purpose, and (2) capable of having votes  marked  in
24    the  designated  areas  automatically  examined, counted, and
25    tabulated by an electronic scanning process.
26        "Central counting" means the counting of ballots  in  one
27    or  more locations selected by the election authority for the
28    processing or counting, or both, of ballots.  A location  for
29    central counting shall be within the territorial jurisdiction
30    of  the  election  authority  unless  there  is  no  suitable
31    tabulating   equipment   available   within  his  territorial
32    jurisdiction.  However, in  any  event  a  counting  location
33    shall be within this State.
 
                            -132-    LRB093 07599 BDD 16742 a
 1        "Computer   operator"   means   any   person  or  persons
 2    designated by the election authority to operate the automatic
 3    tabulating equipment during any portion of the vote  tallying
 4    process  in  an  election,  but  shall  not include judges of
 5    election operating vote tabulating equipment in the precinct.
 6        "Computer  program"  or  "program"  means  the   set   of
 7    operating instructions for the automatic tabulating equipment
 8    that  examines, counts, tabulates, canvasses and prints votes
 9    recorded by a voter on a ballot.
10        "Edit listing" means a computer generated listing of  the
11    names of each candidate and proposition as they appear in the
12    program for each precinct.
13        "Header  sheet" means a data processing document which is
14    coded to indicate to the computer the  precinct  identity  of
15    the  ballots that will follow immediately and may indicate to
16    the computer how such ballots are to be tabulated.
17        "In-precinct counting" means the counting of  ballots  on
18    automatic  tabulating  equipment  provided  by  the  election
19    authority  in  the same precinct polling place in which those
20    ballots have been cast.
21        "Marking device" means a pen, computer, or  other  device
22    or  similar  device  approved by the State Board of Elections
23    for marking, or causing to be marked, a paper ballot with ink
24    or other  substance  which  will  enable  the  ballot  to  be
25    tabulated   by   automatic  tabulating  equipment  or  by  an
26    electronic scanning process.
27        "Precinct Tabulation Optical Scan Technology"  means  the
28    capability  to  examine a ballot through electronic means and
29    tabulate the votes at one or more counting places.
30        "Redundant count" means a verification  of  the  original
31    computer count by another count using compatible equipment or
32    by hand as part of a discovery recount.
33        "Security designation" means a printed designation placed
34    on  a  ballot to identify to the computer program the offices
 
                            -133-    LRB093 07599 BDD 16742 a
 1    and propositions for which votes may be cast and to  indicate
 2    the  manner  in  which  votes  cast should be tabulated while
 3    negating any inadmissible votes.
 4        "Separate ballot", with respect to ballot sheets, means a
 5    separate portion of the ballot sheet which is clearly defined
 6    by a border or borders or shading.
 7        "Specimen ballot" means  a  representation  of  names  of
 8    offices and candidates and statements of measures to be voted
 9    on which will appear on the official ballot or marking device
10    on  election day. The specimen ballot also contains the party
11    and position number where applicable.
12        "Voting defect identification" means  the  capability  to
13    detect  overvoted  ballots or ballots which cannot be read by
14    the automatic tabulating equipment.
15        "Voting defects" means an overvoted ballot, or  a  ballot
16    which cannot be read by the automatic tabulating equipment.
17        "Voting  system" or "electronic voting system" means that
18    combination of equipment and programs used  in  the  casting,
19    examination  and tabulation of ballots and the cumulation and
20    reporting of results by electronic means.
21    (Source: P.A. 89-394, eff. 1-1-97.)

22        (10 ILCS 5/24B-6)
23        Sec. 24B-6.  Ballot Information; Arrangement;  Electronic
24    Precinct  Tabulation  Optical  Scan Technology Voting System;
25    Absentee Ballots; Spoiled Ballots.  The  ballot  information,
26    shall,  as far as practicable, be in the order of arrangement
27    provided for paper ballots, except that the  information  may
28    be in vertical or horizontal rows, or on a number of separate
29    pages  or  displays  on  the marking device.  Ballots for all
30    questions or propositions to be voted on should  be  provided
31    in  a similar manner and must be arranged on the ballot sheet
32    or marking device in the places provided for  such  purposes.
33    Ballots  shall be of white paper unless provided otherwise by
 
                            -134-    LRB093 07599 BDD 16742 a
 1    administrative rule  of  the  State  Board  of  Elections  or
 2    otherwise specified.
 3        All   propositions,   including   but   not   limited  to
 4    propositions  calling  for   a   constitutional   convention,
 5    constitutional  amendment,  judicial  retention,  and  public
 6    measures  to  be  voted  upon  shall  be  placed  on separate
 7    portions of the ballot sheet or marking device  by  utilizing
 8    borders  or  grey  screens.   Candidates shall be listed on a
 9    separate portion of the ballot sheet  or  marking  device  by
10    utilizing  borders  or  grey  screens.  Below the name of the
11    last candidate listed for  an  office  shall  be  printed  or
12    displayed  a  line  or  lines on which the voter may select a
13    write-in candidate. Such line or lines shall be proximate  to
14    the  name  of a candidate or candidates may be written by the
15    voter, and proximate to such lines an area shall be  provided
16    for  marking  votes for the write-in candidate or candidates.
17    The number of write-in lines for an office  shall  equal  the
18    number  of  candidates  for which a voter may vote. More than
19    one amendment to the constitution may be placed on  the  same
20    portion of the ballot sheet or marking device. Constitutional
21    convention  or constitutional amendment propositions shall be
22    printed or displayed on a  separate  portion  of  the  ballot
23    sheet  or  marking  device  and designated by borders or grey
24    screens, unless otherwise provided by administrative rule  of
25    the  State  Board of Elections.  More than one public measure
26    or proposition may be placed  on  the  same  portion  of  the
27    ballot  sheet  or  marking device.  More than one proposition
28    for retention of judges in office may be placed on  the  same
29    portion  of  the  ballot  sheet  or  marking device. Names of
30    candidates shall be printed in black. The  party  affiliation
31    of each candidate or the word "independent" shall appear near
32    or  under  the  candidate's name, and the names of candidates
33    for the same office shall  be  listed  vertically  under  the
34    title  of  that  office,  on  separate  pages  of the marking
 
                            -135-    LRB093 07599 BDD 16742 a
 1    device, or as  otherwise  approved  by  the  State  Board  of
 2    Elections.  In the case of nonpartisan elections for officers
 3    of political subdivisions, unless the statute or an ordinance
 4    adopted  pursuant to Article VII of the Constitution requires
 5    otherwise, the listing of nonpartisan  candidates  shall  not
 6    include  any  party  or  "independent"  designation. Judicial
 7    retention questions  and  ballot  questions  for  all  public
 8    measures  and  other  propositions  shall  be  designated  by
 9    borders  or  grey  screens  on  the ballot or marking device.
10    Judicial retention ballots shall be designated by borders  or
11    grey  screens.   Ballots  for  all  public measures and other
12    propositions shall be designated by borders or grey  screens.
13    In  primary  elections, a separate ballot, or displays on the
14    marking device,  shall  be  used  for  each  political  party
15    holding a primary, with the ballot or marking device arranged
16    to  include  names  of the candidates of the party and public
17    measures and other propositions to be voted upon on  the  day
18    of the primary election.
19        If  the  ballot  includes  both candidates for office and
20    public measures or propositions to be voted on, the  election
21    official in charge of the election shall divide the ballot or
22    displays  on  the marking device in sections for "Candidates"
23    and "Propositions", or separate ballots may be used.
24        Absentee ballots may consist of envelopes, paper  ballots
25    or  ballot  sheets  voted  in  person  in  the  office of the
26    election official in charge of the election or voted by mail.
27    Where a Precinct Tabulation Optical Scan Technology ballot is
28    used for voting by mail  it  must  be  accompanied  by  voter
29    instructions.
30        Any  voter  who spoils his or her ballot, makes an error,
31    or  has  a  ballot  returned  by  the  automatic   tabulating
32    equipment may return the ballot to the judges of election and
33    get another ballot.
34    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
 
                            -136-    LRB093 07599 BDD 16742 a
 1        (10 ILCS 5/24B-8)
 2        Sec.  24B-8.  Preparation for Use; Comparison of Ballots;
 3    Operational Checks of Automatic Precinct  Tabulation  Optical
 4    Scan  Technology  Tabulating  Equipment;  Pollwatchers.   The
 5    county  clerk  or board of election commissioners shall cause
 6    the approved marking devices to be delivered to  the  polling
 7    places.   Before  the  opening  of  the  polls  the judges of
 8    election shall compare the ballots or displays on the marking
 9    device used with the specimen ballots furnished and see  that
10    the  names,  numbers  and  letters  thereon  agree  and shall
11    certify thereto on forms provided  by  the  county  clerk  or
12    board of election commissioners.
13        In  addition,  in  those polling places where in-precinct
14    Precinct  Tabulation   Optical   Scan   Technology   counting
15    equipment  is  utilized, the judges of election shall make an
16    operational  check  of  the  automatic  Precinct   Tabulation
17    Optical  Scan  Technology  tabulating  equipment  before  the
18    opening  of  the  polls.  The judges of election shall ensure
19    that the totals are all zeroes in the  count  column  on  the
20    Precinct Tabulation Optical Scan Technology unit.
21        Pollwatchers  as  provided  by  law shall be permitted to
22    closely  observe  the  judges  in  these  procedures  and  to
23    periodically inspect the  Precinct  Tabulation  Optical  Scan
24    Technology equipment when not in use by the voters.
25    (Source: P.A. 89-394, eff. 1-1-97.)

26        (10 ILCS 5/24B-9)
27        Sec.  24B-9.  Testing of Precinct Tabulation Optical Scan
28    Technology Equipment and Program; Custody of  Programs,  Test
29    Materials  and  Ballots.   Prior  to  the  public  test,  the
30    election authority shall conduct an errorless pre-test of the
31    automatic   Precinct   Tabulation   Optical  Scan  Technology
32    tabulating  equipment  and  program  and  marking  device  to
33    determine that they will correctly detect Voting Defects  and
 
                            -137-    LRB093 07599 BDD 16742 a
 1    count the votes cast for all offices and all measures. On any
 2    day  not  less  than  5  days  prior to the election day, the
 3    election authority shall publicly test the automatic Precinct
 4    Tabulation Optical Scan Technology tabulating  equipment  and
 5    program  to  determine that they will correctly detect Voting
 6    Defects and count the votes cast for all offices and  on  all
 7    measures.   Public  notice  of the time and place of the test
 8    shall  be  given  at  least  48  hours  before  the  test  by
 9    publishing the notice in one or more  newspapers  within  the
10    election   jurisdiction  of  the  election  authority,  if  a
11    newspaper is published in that jurisdiction. If  a  newspaper
12    is  not  published  in  that  jurisdiction,  notice  shall be
13    published in a  newspaper  of  general  circulation  in  that
14    jurisdiction.   Timely written notice stating the date, time,
15    and location of the public test shall also be provided to the
16    State  Board  of  Elections.   The  test  shall  be  open  to
17    representatives  of  the  political   parties,   the   press,
18    representatives  of  the  State  Board  of Elections, and the
19    public.   The  test  shall  be  conducted  by  processing   a
20    preaudited  group of ballots marked to record a predetermined
21    number of valid votes for each candidate and on each measure,
22    and shall include for each office one or more ballots  having
23    votes exceeding the number allowed by law to test the ability
24    of  the  automatic  tabulating equipment or marking device to
25    reject the votes.  The test shall also include  producing  an
26    edit   listing.    In   those  election  jurisdictions  where
27    in-precinct counting equipment is used, a public test of both
28    the equipment and program shall be  conducted  as  nearly  as
29    possible  in the manner prescribed above.  The State Board of
30    Elections may select as many election  jurisdictions  as  the
31    Board  deems  advisable  in  the  interests  of  the election
32    process of this  State,  to  order  a  special  test  of  the
33    automatic tabulating equipment and program before any regular
34    election.  The Board may order a special test in any election
 
                            -138-    LRB093 07599 BDD 16742 a
 1    jurisdiction  where, during the preceding 12 months, computer
 2    programming errors or other errors in the use  of  electronic
 3    voting  systems resulted in vote tabulation errors.  Not less
 4    than  30  days  before  any  election,  the  State  Board  of
 5    Elections shall provide  written  notice  to  those  selected
 6    jurisdictions  of  their  intent to conduct a test.  Within 5
 7    days of receipt of the  State  Board  of  Elections'  written
 8    notice   of   intent   to   conduct   a  test,  the  selected
 9    jurisdictions shall forward to the principal  office  of  the
10    State Board of Elections a copy of all specimen ballots.  The
11    State  Board  of  Elections'  tests  shall  be  conducted and
12    completed not  less  than  2  days  before  the  public  test
13    utilizing  testing  materials supplied by the Board and under
14    the supervision of the Board, and the Board  shall  reimburse
15    the  election  authority  for the reasonable cost of computer
16    time  required  to  conduct  the  special  test.   After   an
17    errorless  test, materials used in the public test, including
18    the program, if  appropriate,  shall  be  sealed  and  remain
19    sealed   until the test is run again on election day.  If any
20    error is detected, the cause of the error shall be determined
21    and corrected, and an errorless public  test  shall  be  made
22    before  the automatic tabulating equipment is approved.  Each
23    election authority shall file a sealed copy  of  each  tested
24    program  to  be  used  within its jurisdiction at an election
25    with the State Board of Elections before the  election.   The
26    Board  shall  secure the program or programs of each election
27    jurisdiction so filed in its office for the 60 days following
28    the canvass and proclamation of  election  results.   At  the
29    expiration  of that time, if no election contest or appeal is
30    pending in an election jurisdiction, the Board  shall  return
31    the  sealed  program or programs to the election authority of
32    the  jurisdiction.    Except   where   in-precinct   counting
33    equipment  is  used,  the  test shall be repeated immediately
34    before the start of the official counting of the ballots,  in
 
                            -139-    LRB093 07599 BDD 16742 a
 1    the  same manner as set forth above.  After the completion of
 2    the count, the test shall be re-run using the  same  program.
 3    Immediately  after  the  re-run, all material used in testing
 4    the program and the programs shall  be  sealed  and  retained
 5    under  the  custody of the election authority for a period of
 6    60 days.   At  the  expiration  of  that  time  the  election
 7    authority  shall destroy the voted ballots, together with all
 8    unused ballots returned from the precincts.  Provided, if any
 9    contest of election is pending  at  the  time  in  which  the
10    ballots   may  be  required  as  evidence  and  the  election
11    authority has notice of the contest, the same  shall  not  be
12    destroyed  until after the contest is finally determined.  If
13    the use of back-up  equipment  becomes  necessary,  the  same
14    testing   required   for  the  original  equipment  shall  be
15    conducted.
16    (Source: P.A. 89-394, eff. 1-1-97.)

17        (10 ILCS 5/24B-9.1)
18        Sec.  24B-9.1.   Examination  of  Votes   by   Electronic
19    Precinct  Tabulation Optical Scan Technology Scanning Process
20    or other authorized electronic process; definition of a vote.
21        (a)  Examination  of   Votes   by   Electronic   Precinct
22    Tabulation Optical Scan Technology Scanning Process. Whenever
23    a Precinct Tabulation Optical Scan Technology process is used
24    to  automatically  examine  and  count  the  votes  on ballot
25    sheets, the provisions of this Section shall apply.  A  voter
26    shall  cast a proper vote on a ballot sheet by making a mark,
27    or causing a mark to be made, in the designated area for  the
28    casting  of  a  vote  for  any  party  or candidate or for or
29    against any proposition.  For this  purpose,  a  mark  is  an
30    intentional  darkening  of  the designated area on the ballot
31    sheet, and not an identifying mark.
32        (b)  For any ballot sheet that does not register  a  vote
33    for  one  or  more  ballot positions on the ballot sheet on a
 
                            -140-    LRB093 07599 BDD 16742 a
 1    Electronic  Precinct  Tabulation  Optical   Scan   Technology
 2    Scanning  Process,  the  following shall constitute a vote on
 3    the ballot sheet:
 4             (1)  The designated area for casting a  vote  for  a
 5        particular  ballot  position on the ballot sheet is fully
 6        darkened or shaded in;
 7             (2)  The designated area for casting a  vote  for  a
 8        particular   ballot  position  on  the  ballot  sheet  is
 9        partially darkened or shaded in;
10             (3)  The designated area for casting a  vote  for  a
11        particular ballot position on the ballot sheet contains a
12        dot or ".", a check, or a plus or "+"; or
13             (4)  The  designated  area  for casting a vote for a
14        particular ballot position on the ballot  sheet  contains
15        some  other  type  of  mark  that  indicates  the clearly
16        ascertainable intent of the voter to vote  based  on  the
17        totality  of the circumstances, including but not limited
18        to any pattern or frequency  of  marks  on  other  ballot
19        positions from the same ballot sheet.
20             (5)  The  designated  area  for casting a vote for a
21        particular ballot position on the  ballot  sheet  is  not
22        marked,  but  the  ballot  sheet  contains other markings
23        associated with a particular  ballot  position,  such  as
24        circling  a  candidate's name, that indicates the clearly
25        ascertainable intent of the voter to vote, based  on  the
26        totality  of the circumstances, including but not limited
27        to, any pattern or frequency of markings on other  ballot
28        positions from the same ballot sheet.
29        (c)  For  other  electronic  voting  systems  that  use a
30    computer as the marking device to mark a  ballot  sheet,  the
31    bar code found on the ballot sheet shall constitute the votes
32    found  on the ballot.  If, however, the county clerk or board
33    of  election  commissioners   determines   that   the   votes
34    represented  by  the  tally  on  the bar code for one or more
 
                            -141-    LRB093 07599 BDD 16742 a
 1    ballot positions is inconsistent with the  votes  represented
 2    by  numerical ballot positions identified on the ballot sheet
 3    produced using a computer as the  marking  device,  then  the
 4    numerical  ballot  positions  identified  on the ballot sheet
 5    shall constitute the  votes  for  purposes  of  any  official
 6    canvass  or  recount  proceeding. An electronic voting system
 7    that uses a computer as the marking device to mark  a  ballot
 8    sheet  shall  be  capable  of  producing  a ballot sheet that
 9    contains all  numerical  ballot  positions  selected  by  the
10    voter,  and provides a place for the voter to cast a write-in
11    vote for  a  candidate  for  a  particular  numerical  ballot
12    position.
13        (d)  The  election  authority  shall provide an envelope,
14    sleeve or other device to each voter so the voter can deliver
15    the voted ballot sheet to the counting equipment  and  ballot
16    box  without  the  votes  indicated on the ballot sheet being
17    visible to other persons in the polling place.
18    (Source: P.A. 89-394, eff. 1-1-97.)

19        (10 ILCS 5/24B-10)
20        Sec. 24B-10.  Receiving, Counting, Tallying and Return of
21    Ballots; Acceptance of Ballots by Election Authority.
22        (a)  In an election jurisdiction  which  has  adopted  an
23    electronic Precinct Tabulation Optical Scan Technology voting
24    system, the election official in charge of the election shall
25    select  one  of  the  3  following  procedures for receiving,
26    counting, tallying, and return of the ballots:
27             (1)  Two ballot boxes shall  be  provided  for  each
28        polling   place.    The  first  ballot  box  is  for  the
29        depositing of votes cast on the electronic voting system;
30        and the second ballot box is for all votes cast on  other
31        ballots,  including  absentee paper ballots and any other
32        paper ballots required to be  voted  other  than  on  the
33        Precinct  Tabulation  Optical  Scan Technology electronic
 
                            -142-    LRB093 07599 BDD 16742 a
 1        voting system.   Ballots,  except  absentee  ballots  for
 2        candidates  and  propositions  which  are  listed  on the
 3        Precinct Tabulation Optical  Scan  Technology  electronic
 4        voting  system,  deposited in the second ballot box shall
 5        be  counted,  tallied,  and  returned  as  is   elsewhere
 6        provided  in  this  Code for the counting and handling of
 7        paper ballots.  Immediately  after  the  closing  of  the
 8        polls  the  absentee  ballots  delivered  to the precinct
 9        judges of election by the election official in charge  of
10        the  election  shall  be  examined  to determine that the
11        ballots comply with Sections 19-9 and 20-9 of  this  Code
12        and  are  entitled  to  be  inserted  into  the  counting
13        equipment  and  deposited  into  the ballot box provided;
14        those entitled to be deposited in this ballot  box  shall
15        be  initialed  by  the  precinct  judges  of election and
16        deposited. Those not entitled to  be  deposited  in  this
17        ballot  box shall be marked "Rejected" and disposed of as
18        provided in Sections 19-9 and 20-9.  The precinct  judges
19        of  election  shall  then  open the second ballot box and
20        examine all paper  absentee  ballots  which  are  in  the
21        ballot box to determine whether the absentee ballots bear
22        the  initials  of  a  precinct judge of election.  If any
23        absentee ballot is not so initialed, it shall  be  marked
24        on the back "Defective", initialed as to the label by all
25        judges  immediately  under  the word "Defective", and not
26        counted, but placed in the  envelope  provided  for  that
27        purpose labeled "Defective Ballots Envelope".  The judges
28        of  election,  consisting  in  each  case of at least one
29        judge of election  of  each  of  the  2  major  political
30        parties,  shall  examine the paper absentee ballots which
31        were  in  such  ballot  box  and  properly  initialed  to
32        determine  whether  the  same  contain  write-in   votes.
33        Write-in  votes,  not  causing  an overvote for an office
34        otherwise voted for on the  paper  absentee  ballot,  and
 
                            -143-    LRB093 07599 BDD 16742 a
 1        otherwise  properly  voted, shall be counted, tallied and
 2        recorded on the tally sheet provided for the  record.   A
 3        write-in vote causing an overvote for an office shall not
 4        be counted for that office, but the precinct judges shall
 5        mark such paper absentee ballot "Objected To" on the back
 6        and  write  on its back the manner in which the ballot is
 7        counted and initial the same.  An overvote for one office
 8        shall  invalidate  only  the  vote  or  count   of   that
 9        particular   office.    After   counting,   tallying  and
10        recording the write-in votes  on  absentee  ballots,  the
11        judges  of  election, consisting in each case of at least
12        one judge of election of each of the  2  major  political
13        parties,  shall  make  a  true  duplicate  ballot  of the
14        remaining valid votes on each paper absentee ballot which
15        was in the ballot box and properly  initialed,  by  using
16        the   electronic   Precinct   Tabulation   Optical   Scan
17        Technology  voting system used in the precinct and one of
18        the marking devices,  or  equivalent  marking  device  or
19        equivalent  ballot,  of  the  precinct  to  transfer  the
20        remaining  valid votes of the voter on the paper absentee
21        ballot to an official ballot or a  ballot  card  of  that
22        kind used in the precinct at that election.  The original
23        paper  absentee ballot shall be clearly labeled "Absentee
24        Ballot"  and  the  ballot  card  so  produced  "Duplicate
25        Absentee Ballot", and each shall  bear  the  same  serial
26        number  which  shall  be  placed thereon by the judges of
27        election,  beginning  with  number   1   and   continuing
28        consecutively  for  the  ballots  of  that  kind  in that
29        precinct.  The  judges  of  election  shall  initial  the
30        "Duplicate  Absentee Ballot" ballots and shall place them
31        in the first  ballot  box  provided  for  return  of  the
32        ballots to be counted at the central counting location in
33        lieu  of  the paper absentee ballots.  The paper absentee
34        ballots shall be placed in an envelope provided for  that
 
                            -144-    LRB093 07599 BDD 16742 a
 1        purpose labeled "Duplicate Ballots".
 2             As  soon as the absentee ballots have been deposited
 3        in the first ballot box, the  judges  of  election  shall
 4        make  out  a  slip  indicating  the number of persons who
 5        voted in the precinct at the election.  The slip shall be
 6        signed by  all  the  judges  of  election  and  shall  be
 7        inserted  by them in the first ballot box.  The judges of
 8        election  shall  thereupon  immediately  lock  the  first
 9        ballot box; provided, that if the box is not  of  a  type
10        which  may  be  securely  locked, the box shall be sealed
11        with filament tape provided for the purpose that shall be
12        wrapped around the box lengthwise and crosswise, at least
13        twice each way, and in a manner that the seal  completely
14        covers the slot in the ballot box, and each of the judges
15        shall  sign  the seal.  Two of the judges of election, of
16        different political parties, shall  by  the  most  direct
17        route   transport  both  ballot  boxes  to  the  counting
18        location designated by  the  county  clerk  or  board  of
19        election commissioners.
20             Before  the  ballots  of  a  precinct are fed to the
21        electronic Precinct Tabulation  Optical  Scan  Technology
22        tabulating  equipment,  the  first  ballot  box  shall be
23        opened at the central counting station by the 2  precinct
24        transport  judges.   Upon  opening a ballot box, the team
25        shall first count the number of ballots in the box.  If 2
26        or more are folded together to appear to have  been  cast
27        by  the  same  person, all of the ballots folded together
28        shall be marked and returned with the  other  ballots  in
29        the same condition, as near as may be, in which they were
30        found  when  first  opened, but shall not be counted.  If
31        the remaining ballots are found to exceed the  number  of
32        persons  voting  in  the  precinct  as  shown by the slip
33        signed by the judges of election, the  ballots  shall  be
34        replaced  in  the box, and the box closed and well shaken
 
                            -145-    LRB093 07599 BDD 16742 a
 1        and again opened and one of the precinct transport judges
 2        shall publicly draw out so many ballots unopened  as  are
 3        equal to the excess.
 4             The  excess  ballots  shall  be  marked  "Excess-Not
 5        Counted"  and  signed  by the 2 precinct transport judges
 6        and shall be placed in the  "After  7:00  p.m.  Defective
 7        Ballots Envelope".  The number of excess ballots shall be
 8        noted  in  the  remarks  section  of  the  Certificate of
 9        Results.  "Excess" ballots shall not be  counted  in  the
10        total of "defective" ballots.
11             The precinct transport judges shall then examine the
12        remaining  ballots for write-in votes and shall count and
13        tabulate the write-in vote.
14             (2)  A single ballot box, for  the  deposit  of  all
15        votes  cast, shall be used.  All ballots which are not to
16        be tabulated on the electronic  voting  system  shall  be
17        counted,  tallied,  and returned as elsewhere provided in
18        this Code for the counting and handling of paper ballots.
19             All ballots to be processed and tabulated  with  the
20        electronic  Precinct  Tabulation  Optical Scan Technology
21        voting system shall be processed as follows:
22             Immediately after  the  closing  of  the  polls  the
23        absentee  ballots  delivered  to  the  precinct judges of
24        election by  the  election  official  in  charge  of  the
25        election shall be examined to determine that such ballots
26        comply  with  Sections 19-9 and 20-9 of this Code and are
27        entitled  to  be  deposited  in  the  ballot  box;  those
28        entitled to be deposited  in  the  ballot  box  shall  be
29        initialed   by   the  precinct  judges  of  election  and
30        deposited in the ballot box.  Those not  entitled  to  be
31        deposited  in  the  ballot box shall be marked "Rejected"
32        and disposed of as provided in Sections  19-9  and  20-9.
33        The  precinct  judges  of  election  then  shall open the
34        ballot box and canvass the votes polled to determine that
 
                            -146-    LRB093 07599 BDD 16742 a
 1        the number of ballots agree with  the  number  of  voters
 2        voting as shown by the applications for ballot, or if the
 3        same  do not agree the judges of election shall make such
 4        ballots agree with the applications  for  ballot  in  the
 5        manner  provided  by  Section  17-18  of  this Code.  The
 6        judges of election shall then examine all paper  absentee
 7        ballots  and ballot envelopes which are in the ballot box
 8        to determine whether the  ballots  and  ballot  envelopes
 9        bear  the  initials  of a precinct judge of election.  If
10        any ballot or ballot  envelope is not initialed, it shall
11        be marked on the back "Defective", initialed  as  to  the
12        label   by   all   judges   immediately  under  the  word
13        "Defective", and not counted, but placed in the  envelope
14        provided  for  that  purpose  labeled  "Defective Ballots
15        Envelope".  The judges of election,  consisting  in  each
16        case  of  at least one judge of election of each of the 2
17        major political parties, shall examine the paper absentee
18        ballots  which  were  in  the  ballot  box  and  properly
19        initialed to determine whether the same contain  write-in
20        votes.   Write-in  votes,  not causing an overvote for an
21        office otherwise voted for on the paper absentee  ballot,
22        and  otherwise  properly voted, shall be counted, tallied
23        and recorded on the tally sheet provided for the  record.
24        A  write-in  vote causing an overvote for an office shall
25        not be counted for that office, but the  precinct  judges
26        shall mark the paper absentee ballot "Objected To" on the
27        back  and  write  on  its  back  the manner the ballot is
28        counted and initial the same.  An overvote for one office
29        shall  invalidate  only  the  vote  or  count   of   that
30        particular   office.    After   counting,   tallying  and
31        recording the write-in votes  on  absentee  ballots,  the
32        judges  of  election, consisting in each case of at least
33        one judge of election of each of the  2  major  political
34        parties,  shall  make  a  true  duplicate  ballot  of the
 
                            -147-    LRB093 07599 BDD 16742 a
 1        remaining valid votes on each paper absentee ballot which
 2        was in the ballot box and properly  initialed,  by  using
 3        the electronic voting system used in the precinct and one
 4        of  the  marking  devices of the precinct to transfer the
 5        remaining valid votes of the voter on the paper  absentee
 6        ballot  to  an  official ballot  of that kind used in the
 7        precinct at that election.  The original  paper  absentee
 8        ballot shall be clearly labeled "Absentee Ballot" and the
 9        ballot  so produced "Duplicate Absentee Ballot", and each
10        shall bear the same serial number which shall  be  placed
11        thereon by the judges of election, commencing with number
12        1  and  continuing  consecutively for the ballots of that
13        kind in that precinct.   The  judges  of  election  shall
14        initial the "Duplicate Absentee Ballot" ballots and shall
15        place  them in the box for return of the ballots with all
16        other ballots to  be  counted  at  the  central  counting
17        location  in  lieu  of  the  paper absentee ballots.  The
18        paper absentee ballots shall be  placed  in  an  envelope
19        provided for that purpose labeled "Duplicate Ballots".
20             In case of an overvote for any office, the judges of
21        election,  consisting  in each case of at least one judge
22        of election of each of the  2  major  political  parties,
23        shall  make  a  true duplicate ballot of all votes on the
24        ballot except for the office which is overvoted, by using
25        the ballot  of  the  precinct  and  one  of  the  marking
26        devices,   or  equivalent  ballot,  of  the  precinct  to
27        transfer all votes of the voter  except  for  the  office
28        overvoted, to an official ballot of that kind used in the
29        precinct  at  that  election.   The  original ballot upon
30        which there is  an  overvote  shall  be  clearly  labeled
31        "Overvoted  Ballot",  and each shall bear the same serial
32        number which shall be placed thereon  by  the  judges  of
33        election,   beginning   with   number  1  and  continuing
34        consecutively for  the  ballots  of  that  kind  in  that
 
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 1        precinct.   The  judges  of  election  shall  initial the
 2        "Duplicate Overvoted Ballot" ballots and shall place them
 3        in the box for return of  the  ballots.   The  "Overvoted
 4        Ballot"   ballots  shall  be  placed  in  the  "Duplicate
 5        Ballots" envelope.  The ballots except any  defective  or
 6        overvoted  ballot  shall  be placed separately in the box
 7        for return of the  ballots,  along  with  all  "Duplicate
 8        Absentee  Ballots",  and  "Duplicate  Overvoted Ballots".
 9        The judges of  election  shall  examine  the  ballots  to
10        determine  if  any  is  damaged  or  defective so that it
11        cannot be counted by the automatic tabulating  equipment.
12        If  any  ballot is damaged or defective so that it cannot
13        properly  be  counted   by   the   automatic   tabulating
14        equipment,  the  judges  of  election, consisting in each
15        case of at least one judge of election of each of  the  2
16        major  political  parties,  shall  make  a true duplicate
17        ballot of all votes on such ballot by using the ballot of
18        the  precinct  and  one  of  the  marking   devices,   or
19        equivalent  ballot, of the precinct.  The original ballot
20        and ballot envelope shall  be  clearly  labeled  "Damaged
21        Ballot"  and  the  ballot  so produced "Duplicate Damaged
22        Ballot", and each shall bear the same number which  shall
23        be  placed  thereon by the judges of election, commencing
24        with  number  1  and  continuing  consecutively  for  the
25        ballots of that kind in  the  precinct.   The  judges  of
26        election  shall  initial  the  "Duplicate Damaged Ballot"
27        ballot  and shall place them in the box for return of the
28        ballots.  The "Damaged Ballot" ballots  shall  be  placed
29        in  the "Duplicated Ballots" envelope.  A slip indicating
30        the number of voters voting in person, number of absentee
31        votes deposited in the ballot box, and the  total  number
32        of voters of the precinct who voted at the election shall
33        be  made  out,  signed  by  all  judges  of election, and
34        inserted in the box for return of the ballots.  The tally
 
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 1        sheets recording the write-in votes shall  be  placed  in
 2        this  box.   The  judges  of  election  immediately shall
 3        securely lock  the  ballot  box  or  other  suitable  box
 4        furnished  for  return  of  the  ballots  by the election
 5        official in charge of the election; provided that if  the
 6        box  is  not  of a type which may be securely locked, the
 7        box shall be sealed with filament tape provided  for  the
 8        purpose  which shall be wrapped around the box lengthwise
 9        and crosswise, at  least  twice  each  way.   A  separate
10        adhesive  seal  label  signed  by  each  of the judges of
11        election of the precinct shall be affixed to the  box  to
12        cover  any  slot  therein  and to identify the box of the
13        precinct; and if the box is sealed with filament tape  as
14        provided  rather  than locked, such tape shall be wrapped
15        around the box as provided, but in such manner  that  the
16        separate  adhesive  seal  label  affixed  to  the box and
17        signed by the judges may not be removed without  breaking
18        the  filament  tape  and  disturbing the signature of the
19        judges.  Two of the  judges  of  election,  of  different
20        major  political  parties, shall by the most direct route
21        transport the box for return of the ballots and  enclosed
22        ballots  and  returns  to  the  central counting location
23        designated by the election  official  in  charge  of  the
24        election.   If,  however, because of the lack of adequate
25        parking facilities at the central  counting  location  or
26        for  any  other reason, it is impossible or impracticable
27        for the boxes from all the polling places to be delivered
28        directly to the central counting location,  the  election
29        official  in  charge  of  the election may designate some
30        other location to which the boxes shall be  delivered  by
31        the  2  precinct judges.  While at the other location the
32        boxes shall be in the care and custody  of  one  or  more
33        teams, each consisting of 4 persons, 2 from each of the 2
34        major  political  parties, designated for such purpose by
 
                            -150-    LRB093 07599 BDD 16742 a
 1        the  election  official  in  charge  of  elections   from
 2        recommendations   by   the  appropriate  political  party
 3        organizations.  As soon as possible, the boxes  shall  be
 4        transported  from  the  other  location  to  the  central
 5        counting  location  by one or more teams, each consisting
 6        of 4 persons, 2  from  each  of  the  2  major  political
 7        parties,  designated  for  the  purpose  by  the election
 8        official in charge of elections from  recommendations  by
 9        the appropriate political party organizations.
10             The  "Defective  Ballots"  envelope, and "Duplicated
11        Ballots" envelope each shall be securely sealed  and  the
12        flap  or  end  of  each  envelope  signed by the precinct
13        judges of election and returned to the  central  counting
14        location with the box for return of the ballots, enclosed
15        ballots and returns.
16             At  the  central  counting location, a team of tally
17        judges designated by the election official in  charge  of
18        the  election shall check the box returned containing the
19        ballots to determine that all seals are intact, and shall
20        open the box, check the  voters'  slip  and  compare  the
21        number  of  ballots so delivered against the total number
22        of voters of the precinct who voted, remove  the  ballots
23        and   deliver  them  to  the  technicians  operating  the
24        automatic  tabulating   equipment.    Any   discrepancies
25        between  the number of ballots and total number of voters
26        shall be noted on a sheet furnished for that purpose  and
27        signed by the tally judges.
28             (3)  A  single  ballot  box,  for the deposit of all
29        votes cast, shall be used.  Immediately after the closing
30        of the polls the judges of  election  shall  examine  the
31        absentee  ballots  received  by  the  precinct  judges of
32        election from the election authority of  voters  in  that
33        precinct   to   determine   that  they  comply  with  the
34        provisions of Sections 19-9, 20-8 and 20-9 of  this  Code
 
                            -151-    LRB093 07599 BDD 16742 a
 1        and are entitled to be deposited in the ballot box; those
 2        entitled  to  be  deposited  in  the  ballot box shall be
 3        initialed by the precinct judges  and  deposited  in  the
 4        ballot  box.    Those not entitled to be deposited in the
 5        ballot box, in accordance with Sections  19-9,  20-8  and
 6        20-9  of  this  Code    shall  be  marked  "Rejected" and
 7        preserved in the manner provided in  this  Code  for  the
 8        retention  and  preservation of official ballots rejected
 9        at such election.  Immediately upon the completion of the
10        absentee balloting, the precinct judges of election shall
11        securely lock the ballot box; provided that if  such  box
12        is  not  of  a type which may be securely locked, the box
13        shall be sealed  with  filament  tape  provided  for  the
14        purpose  which shall be wrapped around the box lengthwise
15        and crosswise, at  least  twice  each  way.   A  separate
16        adhesive  seal  label  signed  by  each  of the judges of
17        election of the precinct shall be affixed to the  box  to
18        cover  any  slot  therein  and to identify the box of the
19        precinct; and if the box is sealed with filament tape  as
20        provided  rather  than locked, such tape shall be wrapped
21        around the box as provided, but  in  a  manner  that  the
22        separate  adhesive  seal  label  affixed  to  the box and
23        signed by the judges may not be removed without  breaking
24        the  filament  tape  and  disturbing the signature of the
25        judges.  Two of the  judges  of  election,  of  different
26        major  political  parties, shall by the most direct route
27        transport the box for return of the ballots and  enclosed
28        absentee  ballots  and  returns  to  the central counting
29        location designated by the election official in charge of
30        the  election.   If  however,  because  of  the  lack  of
31        adequate  parking  facilities  at  the  central  counting
32        location or for some other reason, it  is  impossible  or
33        impracticable  for  the boxes from all the polling places
34        to  be  delivered  directly  to  the   central   counting
 
                            -152-    LRB093 07599 BDD 16742 a
 1        location, the election official in charge of the election
 2        may  designate  some  other  location  to which the boxes
 3        shall be delivered by the 2 precinct  judges.   While  at
 4        the  other  location  the  boxes shall be in the care and
 5        custody of one  or  more  teams,  each  consisting  of  4
 6        persons,  2  from  each of the 2 major political parties,
 7        designated for the purpose by the  election  official  in
 8        charge   of   elections   from   recommendations  by  the
 9        appropriate political party organizations.   As  soon  as
10        possible,  the  boxes shall be transported from the other
11        location to the central counting location by one or  more
12        teams, each consisting of 4 persons, 2 from each of the 2
13        major  political  parties,  designated for the purpose by
14        the election official in  charge  of  the  election  from
15        recommendations   by   the  appropriate  political  party
16        organizations.
17             At the central counting location there shall be  one
18        or  more  teams  of  tally  judges  who  possess the same
19        qualifications as tally judges in election  jurisdictions
20        using  paper  ballots.   The number of the teams shall be
21        determined by the election authority.   Each  team  shall
22        consist of 5 tally judges, 3 selected and approved by the
23        county  board  from  a  certified  list  furnished by the
24        chairman of the county central  committee  of  the  party
25        with  the  majority  of members on the county board and 2
26        selected  and  approved  by  the  county  board  from   a
27        certified  list  furnished  by the chairman of the county
28        central committee of the party with  the  second  largest
29        number  of  members  on the county board.  At the central
30        counting location  a team of tally judges shall open  the
31        ballot box and canvass the votes polled to determine that
32        the number of ballot sheets therein agree with the number
33        of  voters voting as shown by the applications for ballot
34        and for absentee ballot; and, if the same do  not  agree,
 
                            -153-    LRB093 07599 BDD 16742 a
 1        the  tally  judges shall make such ballots agree with the
 2        number of applications for ballot in the manner  provided
 3        by  Section  17-18  of this Code.  The tally judges shall
 4        then examine all ballot sheets that are in the ballot box
 5        to determine  whether  they  bear  the  initials  of  the
 6        precinct  judge  of  election.   If  any  ballot  is  not
 7        initialed,  it  shall  be marked on the back "Defective",
 8        initialed  as  to  that  label  by   all   tally   judges
 9        immediately  under the word "Defective", and not counted,
10        but placed in the  envelope  provided  for  that  purpose
11        labeled  "Defective  Ballots  Envelope".  Write-in votes,
12        not causing an overvote for an office otherwise voted for
13        on the absentee  ballot  sheet,  and  otherwise  properly
14        voted,  shall  be  counted,  tallied, and recorded by the
15        central counting  location  judges  on  the  tally  sheet
16        provided  for  the  record.   A  write-in vote causing an
17        overvote for an office shall  not  be  counted  for  that
18        office,  but  the  tally  judges  shall mark the absentee
19        ballot sheet "Objected To" and write the manner in  which
20        the  ballot is counted on its back and initial the sheet.
21        An overvote for one office shall invalidate only the vote
22        or count for that particular office.
23             At the central counting location, a  team  of  tally
24        judges  designated  by the election official in charge of
25        the election shall  deliver  the  ballot  sheets  to  the
26        technicians  operating  the automatic Precinct Tabulation
27        Optical  Scan  Technology  tabulating   equipment.    Any
28        discrepancies  between  the  number  of ballots and total
29        number of voters shall be noted on a sheet furnished  for
30        that purpose and signed by the tally judges.
31        (b)  Regardless   of   which   procedure   described   in
32    subsection  (a)  of  this  Section  is  used,  the  judges of
33    election designated to transport the ballots properly  signed
34    and  sealed,  shall  ensure that the ballots are delivered to
 
                            -154-    LRB093 07599 BDD 16742 a
 1    the central counting station no later than 12 hours after the
 2    polls close.  At the central  counting  station,  a  team  of
 3    tally judges designated by the election official in charge of
 4    the  election  shall  examine  the ballots so transported and
 5    shall not accept ballots for tabulating which are not  signed
 6    and  sealed  as  provided  in  subsection (a) of this Section
 7    until the judges transporting the ballots make and  sign  the
 8    necessary  corrections.   Upon acceptance of the ballots by a
 9    team of tally judges at the  central  counting  station,  the
10    election judges transporting the ballots shall take a receipt
11    signed by the election official in charge of the election and
12    stamped  with  the date and time of acceptance.  The election
13    judges whose duty it is to transport any  ballots  shall,  in
14    the  event the ballots cannot be found when needed, on proper
15    request, produce the receipt which they are to take as  above
16    provided.
17    (Source: P.A. 89-394, eff. 1-1-97.)

18        (10 ILCS 5/24B-10.1)
19        Sec.    24B-10.1.     In-Precinct   Counting   Equipment;
20    Procedures for Counting and Tallying Ballots.  In an election
21    jurisdiction   where   Precinct   Tabulation   Optical   Scan
22    Technology  counting  equipment  is   used,   the   following
23    procedures for counting and tallying the ballots shall apply:
24        Before  the  opening of the polls, and before the ballots
25    are entered into  the  automatic  tabulating  equipment,  the
26    judges  of  election  shall  be  sure that the totals are all
27    zeros in the counting column.  Ballots may then be counted by
28    entering  or  scanning  each  ballot   into   the   automatic
29    tabulating  equipment. Throughout the election day and before
30    the closing of the polls, no person may check any vote totals
31    for any candidate or proposition on the automatic  tabulating
32    equipment.  Such  automatic  tabulating  equipment  shall  be
33    programmed  so  that  no  person  may reset the equipment for
 
                            -155-    LRB093 07599 BDD 16742 a
 1    refeeding  of  ballots  unless  provided  a  code   from   an
 2    authorized  representative  of the election authority. At the
 3    option of the election authority, the ballots may be fed into
 4    the Precinct Tabulation Optical Scan Technology equipment  by
 5    the  voters  under  the  direct  supervision of the judges of
 6    elections.
 7        Immediately after the closing of the polls, the  absentee
 8    ballots  delivered  to the precinct judges of election by the
 9    election authority shall be examined to  determine  that  the
10    ballots  comply  with Sections 19-9 and 20-9 of this Code and
11    are entitled to be scanned by the Precinct Tabulation Optical
12    Scan Technology equipment and then deposited  in  the  ballot
13    box; those entitled to be scanned and deposited in the ballot
14    box shall be initialed by the precinct judges of election and
15    then  scanned  and  deposited  in  the ballot box.  Those not
16    entitled to be deposited in the ballot box  shall  be  marked
17    "Rejected"  and disposed of as provided in said Sections 19-9
18    and 20-9.
19        The precinct judges of election shall open the ballot box
20    and count the number of ballots to determine  if  the  number
21    agrees  with  the  number  of  voters  voting as shown on the
22    Precinct Tabulation Optical Scan Technology equipment and  by
23    the applications for ballot or, if the same do not agree, the
24    judges  of  election  shall  make  the ballots agree with the
25    applications for ballot in the  manner  provided  by  Section
26    17-18  of  this  Code.    The  judges  of election shall then
27    examine all ballots which are in the ballot box to  determine
28    whether  the ballots contain the initials of a precinct judge
29    of election.  If any ballot is not  initialed,  it  shall  be
30    marked on the back "Defective", initialed as to such label by
31    all  judges  immediately  under  the word "Defective" and not
32    counted.  The judges of election  shall  place  an  initialed
33    blank  official  ballot in the place of the defective ballot,
34    so that the count  of  the  ballots  to  be  counted  on  the
 
                            -156-    LRB093 07599 BDD 16742 a
 1    automatic  tabulating  equipment  will  be the same, and each
 2    "Defective Ballot" and "Replacement" ballot shall contain the
 3    same serial number which  shall  be  placed  thereon  by  the
 4    judges  of  election,  beginning with number 1 and continuing
 5    consecutively for the ballots of that kind in that  precinct.
 6    The  original  "Defective"  ballot  shall  be  placed  in the
 7    "Defective Ballot Envelope" provided for that purpose.
 8        If the judges of election have removed a ballot  pursuant
 9    to  Section 17-18, have labeled "Defective" a ballot which is
10    not initialed, or have otherwise determined under  this  Code
11    to not count a ballot originally deposited into a ballot box,
12    the  judges  of election shall be sure that the totals on the
13    automatic tabulating equipment are reset to all zeros in  the
14    counting  column.    Thereafter  the judges of election shall
15    enter or otherwise scan each ballot  to  be  counted  in  the
16    automatic  tabulating  equipment.   Resetting  the  automatic
17    tabulating  equipment to all zeros and re-entering of ballots
18    to be counted may occur at the precinct  polling  place,  the
19    office  of  the  election authority, or any receiving station
20    designated by the election authority.  The election authority
21    shall designate the place for resetting  and  re-entering  or
22    re-scanning.
23        When   a  Precinct  Tabulation  Optical  Scan  Technology
24    electronic voting system is used which uses a  paper  ballot,
25    the  judges of election shall examine the ballot for write-in
26    votes.  When the voter has cast a write-in vote,  the  judges
27    of election shall compare the write-in vote with the votes on
28    the  ballot  to  determine whether the write-in results in an
29    overvote for  any  office,  unless  the  Precinct  Tabulation
30    Optical  Scan  Technology  equipment has already done so.  In
31    case of an overvote for any office, the judges  of  election,
32    consisting  in each case of at least one judge of election of
33    each of the 2 major political  parties,  shall  make  a  true
34    duplicate  ballot  of all votes on such ballot except for the
 
                            -157-    LRB093 07599 BDD 16742 a
 1    office which  is  overvoted,  by  using  the  ballot  of  the
 2    precinct  and  one  of  the  marking  devices,  or equivalent
 3    ballot, of the precinct so as to transfer all  votes  of  the
 4    voter,  except  for  the  office  overvoted,  to  a duplicate
 5    ballot.  The original ballot upon which there is an  overvote
 6    shall  be  clearly  labeled "Overvoted Ballot", and each such
 7    "Overvoted Ballot" as well as its "Replacement" shall contain
 8    the same serial number which shall be placed thereon  by  the
 9    judges  of  election,  beginning with number 1 and continuing
10    consecutively for the ballots of that kind in that  precinct.
11    The  "Overvoted  Ballot"  shall  be  placed  in  an  envelope
12    provided   for   that   purpose  labeled  "Duplicate  Ballot"
13    envelope, and  the  judges  of  election  shall  initial  the
14    "Replacement"  ballots  and  shall  place them with the other
15    ballots to be counted on the automatic tabulating equipment.
16        If any ballot is damaged or defective, or if  any  ballot
17    contains  a  Voting  Defect,  so  that  it cannot properly be
18    counted by the automatic tabulating equipment, the  voter  or
19    the  judges  of election, consisting in each case of at least
20    one judge of election  of  each  of  the  2  major  political
21    parties,  shall  make a true duplicate ballot of all votes on
22    such ballot by using the ballot of the precinct  and  one  of
23    the  marking  devices  of  the precinct, or equivalent.  If a
24    damaged ballot, the original ballot shall be clearly  labeled
25    "Damaged  Ballot" and the ballot so produced shall be clearly
26    labeled "Damaged Ballot" and the ballot so produced shall  be
27    clearly  labeled  "Duplicate  Damaged Ballot", and each shall
28    contain the same serial number which shall be placed  by  the
29    judges  of  election,  beginning with number 1 and continuing
30    consecutively for the ballots of that kind in  the  precinct.
31    The  judges  of election shall initial the "Duplicate Damaged
32    Ballot"  ballot  and  shall  enter  or  otherwise  scan   the
33    duplicate   damaged  ballot  into  the  automatic  tabulating
34    equipment.  The "Damaged Ballots"  shall  be  placed  in  the
 
                            -158-    LRB093 07599 BDD 16742 a
 1    "Duplicated  Ballots"  envelope;  after all ballots have been
 2    successfully read, the judges of election shall check to make
 3    certain that the Precinct Tabulation Optical Scan  Technology
 4    equipment  readout  agrees  with  the number of voters making
 5    application for ballot in that precinct.  The number shall be
 6    listed on the "Statement of Ballots"  form  provided  by  the
 7    election authority.
 8        The  totals  for all candidates and propositions shall be
 9    tabulated; and 4 copies of a "Certificate of  Results"  shall
10    be  generated by the automatic tabulating equipment; one copy
11    shall be posted in a conspicuous  place  inside  the  polling
12    place;  and  every  effort  shall  be  made  by the judges of
13    election to provide a copy for each authorized pollwatcher or
14    other official authorized to be present in the polling  place
15    to  observe the counting of ballots; but in no case shall the
16    number of copies to be  made  available  to  pollwatchers  be
17    fewer  than  4,  chosen by lot by the judges of election.  In
18    addition, sufficient time shall be provided by the judges  of
19    election   to   the   pollwatchers  to  allow  them  to  copy
20    information from the copy which has been posted.
21        The judges of election shall count all unused ballots and
22    enter  the  number  on  the  "Statement  of  Ballots".    All
23    "Spoiled",  "Defective"  and  "Duplicated"  ballots  shall be
24    counted and the number entered on the "Statement of Ballots".
25        The  precinct  judges  of   election   shall   select   a
26    bi-partisan  team  of  2 judges, who shall immediately return
27    the ballots in a  sealed  container,  along  with  all  other
28    election  materials  as instructed by the election authority;
29    provided, however, that such container must first  be  sealed
30    by  the  election judges with filament tape or other approved
31    sealing devices provided  for  the  purpose  which  shall  be
32    wrapped  around  the  container  lengthwise and crosswise, at
33    least twice each way, in a manner that the ballots cannot  be
34    removed  from  the  container  without  breaking the seal and
 
                            -159-    LRB093 07599 BDD 16742 a
 1    filament tape and disturbing any signatures  affixed  by  the
 2    election  judges  to  the  container, or which other approved
 3    sealing devices are affixed  in  a  manner  approved  by  the
 4    election  authority.   The  election authority shall keep the
 5    office of the election authority or  any  receiving  stations
 6    designated by the authority, open for at least 12 consecutive
 7    hours  after  the  polls  close or until the ballots from all
 8    precincts with  in-precinct  counting  equipment  within  the
 9    jurisdiction  of the election authority have been returned to
10    the election authority.  Ballots returned to  the  office  of
11    the  election  authority  which  are not signed and sealed as
12    required by  law  shall  not  be  accepted  by  the  election
13    authority  until  the  judges  returning the ballots make and
14    sign the  necessary  corrections.   Upon  acceptance  of  the
15    ballots  by  the election authority, the judges returning the
16    ballots shall take a receipt signed by the election authority
17    and stamped with the  time  and  date  of  the  return.   The
18    election  judges  whose  duty  it is to return any ballots as
19    provided shall, in the event the ballots cannot be found when
20    needed, on proper request, produce the receipt which they are
21    to take as above provided.  The precinct judges  of  election
22    shall  also  deliver  the  Precinct  Tabulation  Optical Scan
23    Technology equipment to the election authority.
24    (Source: P.A. 89-394, eff. 1-1-97.)

25        (10 ILCS 5/24B-15)
26        Sec. 24B-15.   Official  Return  of  Precinct;  Check  of
27    Totals;  Retabulation.    The  precinct return printed by the
28    automatic  Precinct  Tabulation   Optical   Scan   Technology
29    tabulating equipment shall include the number of ballots cast
30    and  votes  cast for each candidate and proposition and shall
31    constitute  the  official  return  of  each  precinct.     In
32    addition to the precinct return, the election authority shall
33    provide  the  number  of  applications  for  ballots  in each
 
                            -160-    LRB093 07599 BDD 16742 a
 1    precinct, the write-in votes, the  total  number  of  ballots
 2    counted  in  each precinct for each political subdivision and
 3    district  and  the  number  of  registered  voters  in   each
 4    precinct.    However,  the election authority shall check the
 5    totals shown by the precinct  return  and,  if  there  is  an
 6    obvious  discrepancy regarding the total number of votes cast
 7    in any precinct, shall have the  ballots  for  that  precinct
 8    retabulated   to  correct  the  return.  The  procedures  for
 9    retabulation shall apply prior to and after the  proclamation
10    is completed; however, after the proclamation of results, the
11    election  authority must obtain a court order to unseal voted
12    ballots except for election contests and discovery  recounts.
13    In those election jurisdictions that use in-precinct counting
14    equipment,   the  certificate  of  results,  which  has  been
15    prepared by the judges of election in the polling place after
16    the ballots have been tabulated, shall be the  document  used
17    for  the  canvass  of  votes  for  such precinct.  Whenever a
18    discrepancy exists during the canvass of  votes  between  the
19    unofficial   results  and  the  certificate  of  results,  or
20    whenever a discrepancy exists during  the  canvass  of  votes
21    between  the  certificate  of  results  and the set of totals
22    which has been affixed to the  certificate  of  results,  the
23    ballots for that precinct shall be retabulated to correct the
24    return.   As  an  additional  part of this check prior to the
25    proclamation,  in  those  jurisdictions   where   in-precinct
26    counting  equipment  is  used,  the  election authority shall
27    retabulate the total number  of  votes  cast  in  5%  of  the
28    precincts within the election jurisdiction.  The precincts to
29    be  retabulated  shall  be  selected  after election day on a
30    random  basis  by  the  election  authority,  so  that  every
31    precinct  in  the  election   jurisdiction   has   an   equal
32    mathematical  chance  of  being selected.  The State Board of
33    Elections shall  design  a  standard  and  scientific  random
34    method   of   selecting   the   precincts  which  are  to  be
 
                            -161-    LRB093 07599 BDD 16742 a
 1    retabulated, and the election authority shall be required  to
 2    use  that  method.  The State Board of Elections, the State's
 3    Attorney and other appropriate law enforcement agencies,  the
 4    county  chairman  of  each  established  political  party and
 5    qualified civic organizations shall be  given  prior  written
 6    notice  of  the  time  and  place  of  the  random  selection
 7    procedure  and  may  be  represented  at  the procedure.  The
 8    retabulation shall consist of counting the ballots which were
 9    originally counted and shall not involve any determination of
10    which ballots were, in fact, properly counted.   The  ballots
11    from the precincts selected for the retabulation shall remain
12    at  all  times  under the custody and control of the election
13    authority and shall be transported  and  retabulated  by  the
14    designated staff of the election authority.
15        As part of the retabulation, the election authority shall
16    test  the  computer  program  in the selected precincts.  The
17    test shall be conducted by processing a preaudited  group  of
18    ballots  marked  to  record  a  predetermined number of valid
19    votes for each candidate and on  each  public  question,  and
20    shall  include for each office one or more ballots which have
21    votes in excess of the number allowed  by  law  to  test  the
22    ability  of  the  equipment  and the marking device to reject
23    such votes.  If any error is detected,  the  cause  shall  be
24    determined  and  corrected,  and  an errorless count shall be
25    made prior  to  the  official  canvass  and  proclamation  of
26    election results.
27        The  State  Board  of Elections, the State's Attorney and
28    other  appropriate  law  enforcement  agencies,  the   county
29    chairman  of  each  established political party and qualified
30    civic organizations shall be given prior  written  notice  of
31    the time and place of the retabulation and may be represented
32    at the retabulation.
33        The  results of this retabulation shall be treated in the
34    same manner and have the same effect as the  results  of  the
 
                            -162-    LRB093 07599 BDD 16742 a
 1    discovery  procedures  set  forth  in  Section 22-9.1 of this
 2    Code. Upon  completion  of  the  retabulation,  the  election
 3    authority  shall  print  a  comparison  of the results of the
 4    retabulation with the original precinct return printed by the
 5    automatic tabulating equipment.  The comparison shall be done
 6    for each precinct and for each office voted upon within  that
 7    precinct,  and  the  comparisons shall be open to the public.
 8    Upon completion of the retabulation,  the  returns  shall  be
 9    open to the public.
10    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

11        (10 ILCS 5/24B-18)
12        Sec.  24B-18.   Specimen  Ballots;  Publication.  When an
13    electronic Precinct Tabulation Optical Scan Technology voting
14    system is used, the election  authority  shall  cause  to  be
15    published, at least 5 days before the day of each general and
16    general  primary  election, in 2 or more newspapers published
17    in and having a general circulation in the county, a true and
18    legible copy of the specimen ballot containing the  names  of
19    offices and candidates and statements of measures to be voted
20    on,  as near as may be, in the form in which they will appear
21    on the official ballot on election day. A true  legible  copy
22    may  be  in  the  form  of an actual size ballot and shall be
23    published as required by this Section if distributed in 2  or
24    more newspapers published and having a general circulation in
25    the  county  as  an  insert.  For each election prescribed in
26    Article 2A of this  Code,  specimen  ballots  shall  be  made
27    available  for  public  distribution and shall be supplied to
28    the judges of election for posting in the  polling  place  on
29    the  day  of  election.    Notice  for  the  nonpartisan  and
30    consolidated  elections shall be given as provided in Article
31    12.
32    (Source: P.A. 89-394, eff. 1-1-97.)
 
                            -163-    LRB093 07599 BDD 16742 a
 1        (10 ILCS 5/Art. 24C heading new)

 2      ARTICLE 24C.  DIRECT RECORDING ELECTRONIC VOTING SYSTEMS

 3        (10 ILCS 5/24C-1 new)
 4        Sec. 24C-1.  Purpose.  The purpose of this Article is  to
 5    authorize  the  use  of  Direct  Recording  Electronic Voting
 6    Systems approved by the  State  Board  of  Elections.   In  a
 7    Direct  Recording Electronic Voting System, voters cast votes
 8    by means of a ballot  display  provided  with  mechanical  or
 9    electro-optical  devices  that can be activated by the voters
10    to mark their choices for the candidates of their  preference
11    and  for  or  against  public questions.  Such voting devices
12    shall be capable of  instantaneously  recording  such  votes,
13    storing  such  votes,  producing a permanent paper record and
14    tabulating such votes at the  precinct  or  at  one  or  more
15    counting stations.  This Article authorizes the use of Direct
16    Recording  Electronic Voting Systems for in-precinct counting
17    applications and for in-person absentee voting in the  office
18    of  the  election  authority  and  in  the  offices  of local
19    officials authorized by the  election  authority  to  conduct
20    such  absentee  voting.   All  other absentee ballots must be
21    counted at the office of the election authority.

22        (10 ILCS 5/24C-2 new)
23        Sec. 24C-2. Definitions.  As used in this Article:
24        "Audit trail" or  "audit  capacity"  means  a  continuous
25    trail  of evidence linking individual transactions related to
26    the casting of a vote, the vote count and the summary  record
27    of   vote   totals,   but  which  shall  not  allow  for  the
28    identification of the voter.  It shall permit verification of
29    the accuracy of the count and  detection  and  correction  of
30    problems  and  shall  provide a record of each step taken in:
31    defining  and  producing  ballots  and   generating   related
32    software  for  specific  elections;  installing  ballots  and
 
                            -164-    LRB093 07599 BDD 16742 a
 1    software;  testing  system  readiness; casting and tabulating
 2    ballots; and producing images of votes cast  and  reports  of
 3    vote  totals.  The record shall incorporate system status and
 4    error  messages   generated   during   election   processing,
 5    including a log of machine activities and routine and unusual
 6    intervention  by  authorized  and  unauthorized  individuals.
 7    Also  part  of  an  audit  trail is the documentation of such
 8    items as  ballots  delivered  and  collected,  administrative
 9    procedures  for  system  security,  pre-election  testing  of
10    voting   systems,   and   maintenance   performed  on  voting
11    equipment.  It also means that the voting system  is  capable
12    of  producing and shall produce immediately after a ballot is
13    cast a permanent paper record of each ballot cast that  shall
14    be available as an official record for any recount, redundant
15    count,  or  verification  or  retabulation  of the vote count
16    conducted with respect to any election in  which  the  voting
17    system is used.
18        "Ballot"  means  an  electronic audio or video display or
19    any other medium, including paper, used to record  a  voter's
20    choices  for  the  candidates  of their preference and for or
21    against public questions.
22        "Ballot configuration" means the  particular  combination
23    of  political  subdivision or district ballots including, for
24    each  political  subdivision  or  district,  the   particular
25    combination  of offices, candidate names and public questions
26    as it appears for each group of voters who may cast the  same
27    ballot.
28        "Ballot  image"  means  a corresponding representation in
29    electronic or paper form of the mark or vote  position  of  a
30    ballot.
31        "Ballot  label"  or  "ballot screen" means the display of
32    material containing the names of offices and  candidates  and
33    public questions to be voted on.
34        "Central  counting"  means the counting of ballots in one
 
                            -165-    LRB093 07599 BDD 16742 a
 1    or more locations selected by the election authority for  the
 2    processing  or counting, or both, of ballots.  A location for
 3    central counting shall be within the territorial jurisdiction
 4    of  the  election  authority  unless  there  is  no  suitable
 5    tabulating  equipment  available   within   his   territorial
 6    jurisdiction.    However,  in  any  event a counting location
 7    shall be within this State.
 8        "Computer",   "automatic   tabulating    equipment"    or
 9    "equipment"  includes  apparatus  necessary  to automatically
10    examine and count votes as designated on  ballots,  and  data
11    processing  machines  which  can be used for counting ballots
12    and tabulating results.
13        "Computer  operator"  means   any   person   or   persons
14    designated by the election authority to operate the automatic
15    tabulating  equipment during any portion of the vote tallying
16    process in an election,  but  shall  not  include  judges  of
17    election operating vote tabulating equipment in the precinct.
18        "Computer   program"   or  "program"  means  the  set  of
19    operating instructions for the automatic tabulating equipment
20    that examines,  records,  counts,  tabulates,  canvasses  and
21    prints votes recorded by a voter on a ballot.
22        "Direct  recording  electronic  voting  system",  "voting
23    system"   or   "system"   means   the  total  combination  of
24    mechanical,  electromechanical   or   electronic   equipment,
25    programs and practices used to define ballots, cast and count
26    votes,  report  or  display  election  results,  maintain  or
27    produce  any  audit  trail  information,  identify all system
28    components, test the system during  development,  maintenance
29    and operation, maintain records of system errors and defects,
30    determine  specific  system  changes  to  be made to a system
31    after initial qualification, and make available any materials
32    to the voter such as notices, instructions,  forms  or  paper
33    ballots.
34        "Edit  listing" means a computer generated listing of the
 
                            -166-    LRB093 07599 BDD 16742 a
 1    names of each candidate and public question as they appear in
 2    the program for each precinct.
 3        "In-precinct counting" means the recording  and  counting
 4    of  ballots on automatic tabulating equipment provided by the
 5    election authority in the  same  precinct  polling  place  in
 6    which those ballots have been cast.
 7        "Marking  device"  means any device approved by the State
 8    Board of Elections for marking a ballot so as to  enable  the
 9    ballot  to  be  recorded,  counted and tabulated by automatic
10    tabulating equipment.
11        "Permanent paper record" means a paper record upon  which
12    shall  be  printed  in human readable form the votes cast for
13    each candidate and for or against  each  public  question  on
14    each  ballot  recorded  in the voting system.  Each permanent
15    paper record shall be  printed  by  the  voting  device  upon
16    activation  of  the  marking  device  by  the voter and shall
17    contain a unique, randomly assigned identifying  number  that
18    shall  correspond  to  the  number  randomly  assigned by the
19    voting  system  to  each  ballot  as  it  is   electronically
20    recorded.
21        "Redundant  count"'  means a verification of the original
22    computer count of ballots by another count  using  compatible
23    equipment  or  other  means  as  part of a discovery recount,
24    including a count of  the  permanent  paper  record  of  each
25    ballot   cast   by   using  compatible  equipment,  different
26    equipment approved by the State Board of Elections  for  that
27    purpose, or by hand.
28        "Separate ballot" means a separate page or display screen
29    of  the  ballot  that  is clearly defined and distinguishable
30    from other portions of the ballot.
31        "Voting device" or "voting machine"  means  an  apparatus
32    that  contains  the  ballot label or ballot screen and allows
33    the voter to record his or her vote.
 
                            -167-    LRB093 07599 BDD 16742 a
 1        (10 ILCS 5/24C-3 new)
 2        Sec. 24C-3. Adoption, experimentation or  abandonment  of
 3    Direct  Recording  Electronic  Voting  System;  Boundaries of
 4    precincts; Notice.  Except  as  otherwise  provided  in  this
 5    Section,  any county board, board of county commissioners and
 6    any  board  of  election  commissioners,  with   respect   to
 7    territory  within  its  jurisdiction,  may  adopt, experiment
 8    with, or abandon a Direct Recording Electronic Voting  System
 9    approved  for use by the State Board of Elections and may use
10    such System in all  or  some  of  the  precincts  within  its
11    jurisdiction,  or  in combination with paper ballots or other
12    voting  systems.   Any  county   board,   board   of   county
13    commissioners or board of election commissioners may contract
14    for  the  tabulation  of  votes  at  a  location  outside its
15    territorial jurisdiction when there is no suitable tabulating
16    equipment available within its territorial jurisdiction.   In
17    no  case may a county board, board of county commissioners or
18    board of election commissioners contract or arrange  for  the
19    purchase,  lease  or  loan  of  a Direct Recording Electronic
20    Voting System or System component without the approval of the
21    State Board of Elections as provided by Section 24C-16.
22        Before any Direct Recording Electronic Voting  System  is
23    introduced,  adopted  or used in any precinct or territory at
24    least 2 months public notice must be given before the date of
25    the first election where the  System  is  to  be  used.   The
26    election  authority shall publish the notice at least once in
27    one or more newspapers published within the county  or  other
28    jurisdiction,  where  the  election  is held.  If there is no
29    such newspaper, the notice shall be published in a  newspaper
30    published  in  the  county  and  having a general circulation
31    within such jurisdiction.  The notice shall be  substantially
32    as follows:
33        "Notice  is  hereby given that on ... (give date) ..., at
34    ... (give place where election is held) ... in the county  of
 
                            -168-    LRB093 07599 BDD 16742 a
 1    ...,  an  election will be held for ... (give name of offices
 2    to be filled) ... at  which  a  Direct  Recording  Electronic
 3    Voting System will be used."
 4        Dated at ... this ... day of ... 20....?
 5        This  notice referred to shall be given only at the first
 6    election at which  the  Direct  Recording  Electronic  Voting
 7    System is used.

 8        (10 ILCS 5/24C-3.1 new)
 9        Sec. 24C-3.1. Retention or consolidation or alteration of
10    existing  precincts;  Change  of  location.   When  a  Direct
11    Recording  Electronic Voting System is used, the county board
12    or  board  of  election  commissioners  may  retain  existing
13    precincts or may consolidate,  combine,  alter,  decrease  or
14    enlarge  the boundaries of the precincts to change the number
15    of registered voters  of  the  precincts  using  the  System,
16    establishing  the  number  of  registered  voters within each
17    precinct at a number not to exceed  800  as  the  appropriate
18    county  board  or  board of election commissioners determines
19    will afford adequate  voting  facilities  and  efficient  and
20    economical elections.
21        Except  in  the  event  of a fire, flood or total loss of
22    heat in a place fixed or established pursuant to law  by  any
23    county  board or board of election commissioners as a polling
24    place for an election, no election authority shall change the
25    location of a polling  place  established  for  any  precinct
26    after  notice  of  the place of holding the election for that
27    precinct has been given as required under Article  12  unless
28    the  election authority notifies all registered voters in the
29    precinct of the change in location by  first  class  mail  in
30    sufficient  time  for  the  notice  to  be  received  by  the
31    registered  voters  in the precinct at least one day prior to
32    the date of the election.
 
                            -169-    LRB093 07599 BDD 16742 a
 1        (10 ILCS 5/24C-4 new)
 2        Sec. 24C-4. Use of  Direct  Recording  Electronic  Voting
 3    System;  Requisites;  Applicable procedure.  Direct Recording
 4    Electronic Voting Systems may be used in  elections  provided
 5    that  such Systems are approved for use by the State Board of
 6    Elections.  So far as applicable, the procedure provided  for
 7    voting  paper  ballots  shall  apply  when  Direct  Recording
 8    Electronic  Voting Systems are used.  However, the provisions
 9    of this Article 24C will govern when there are conflicts.

10        (10 ILCS 5/24C-5 new)
11        Sec. 24C-5. Voting Stations.  In precincts where a Direct
12    Recording Electronic Voting  System  is  used,  a  sufficient
13    number  of  voting  stations shall be provided for the use of
14    the System according to the requirements  determined  by  the
15    State  Board of Elections.  Each station shall be placed in a
16    manner so that no judge of election or pollwatcher is able to
17    observe a voter casting a ballot.

18        (10 ILCS 5/24C-5.1 new)
19        Sec. 24C-5.1. Instruction of Voters;  Instruction  Model;
20    Partiality to Political Party; Manner of Instruction.  Before
21    entering  the  voting  booth  each  voter  shall  be  offered
22    instruction  in  using the Direct Recording Electronic Voting
23    System.  In instructing voters, no precinct official may show
24    partiality to any political party or candidate.   The  duties
25    of  instruction  shall  be discharged by a judge from each of
26    the political parties represented and  they  shall  alternate
27    serving  as  instructor so that each judge shall serve a like
28    time at such duties.  No instructions may be given  inside  a
29    voting booth after the voter has entered the voting booth.
30        No  precinct  official or person assisting a voter may in
31    any manner request, suggest, or seek to  persuade  or  induce
32    any  voter to cast his or her vote for any particular ticket,
 
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 1    candidate,   amendment,   question   or   proposition.    All
 2    instructions shall be given by precinct officials in a manner
 3    that it may be observed  by  other  persons  in  the  polling
 4    place.

 5        (10 ILCS 5/24C-5.2 new)
 6        Sec.   24C-5.2.   Demonstration   of   Direct   Recording
 7    Electronic  Voting System; Placement in Public Library.  When
 8    a Direct Recording Electronic Voting  System  is  used  in  a
 9    forthcoming election, the election authority may provide, for
10    the  purpose  of  instructing  voters  in  the  election, one
11    demonstrator Direct Recording Electronic Voting  System  unit
12    for placement in any public library or in any other public or
13    private  building  within the political subdivision where the
14    election occurs.  If the placement of  a  demonstrator  takes
15    place  it shall be made available at least 30 days before the
16    election.

17        (10 ILCS 5/24C-6 new)
18        Sec.  24C-6.  Ballot  Information;  Arrangement;   Direct
19    Recording Electronic Voting System; Absentee Ballots; Spoiled
20    Ballots.    The   ballot   information,   shall,  as  far  as
21    practicable, be in the  order  of  arrangement  provided  for
22    paper ballots, except that the information may be in vertical
23    or  horizontal  rows,  or  on  a  number of separate pages or
24    display screens.
25        Ballots for all public questions to be voted on should be
26    provided in a similar manner and  must  be  arranged  on  the
27    ballot  in the places provided for such purposes.  All public
28    questions, including but  not  limited  to  public  questions
29    calling   for  a  constitutional  convention,  constitutional
30    amendment, or judicial retention,  shall  be  placed  on  the
31    ballot  separate  and apart from candidates.  Ballots for all
32    public questions shall be clearly designated  by  borders  or
 
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 1    different  color  screens.   More  than  one amendment to the
 2    constitution may be placed on the same portion of the  ballot
 3    sheet.  Constitutional convention or constitutional amendment
 4    propositions  shall  be  placed  on a separate portion of the
 5    ballot and designated by borders  or  unique  color  screens,
 6    unless otherwise provided by administrative rule of the State
 7    Board  of  Elections.   More  than one public question may be
 8    placed on the same portion of  the  ballot.   More  than  one
 9    proposition  for  retention of judges in office may be placed
10    on the same portion of the ballot.
11        The party affiliation, if any, of each candidate  or  the
12    word  "independent",  where  applicable, shall appear near or
13    under the candidate's name, and the names of  candidates  for
14    the same office shall be listed vertically under the title of
15    that  office.   In  the  case  of  nonpartisan  elections for
16    officers of political subdivisions, unless the statute or  an
17    ordinance adopted pursuant to Article VII of the Constitution
18    requires  otherwise,  the  listing  of nonpartisan candidates
19    shall not include any party or "independent" designation.  In
20    primary  elections,  a separate ballot shall be used for each
21    political party holding a primary, with the  ballot  arranged
22    to  include  names  of the candidates of the party and public
23    questions and other propositions to be voted upon on the  day
24    of the primary election.
25        If  the  ballot  includes  both candidates for office and
26    public questions or propositions to be voted on, the election
27    official in charge of the election shall divide the ballot in
28    sections for "Candidates" and "Public Questions", or separate
29    ballots may be used.
30        Any voter who spoils his or her ballot, makes  an  error,
31    or   has  a  ballot  rejected  by  the  automatic  tabulating
32    equipment shall be provided a means of correcting the  ballot
33    or obtaining a new ballot prior to casting his or her ballot.
34        Any   election   authority   using   a  Direct  Recording
 
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 1    Electronic Voting System may use voting systems approved  for
 2    use  under  Articles  24A  or  24B of this Code in conducting
 3    absentee voting in the office of the  election  authority  or
 4    voted by mail.

 5        (10 ILCS 5/24C-6.1 new)
 6        Sec.  24C-6.1.  Security  Designation.   In all elections
 7    conducted under this Article, ballots shall have  a  security
 8    designation.    In  precincts  where  more  than  one  ballot
 9    configuration  may  be  voted  upon,  ballots  shall  have  a
10    different security designation for each ballot configuration.
11    If a precinct has only one possible ballot configuration, the
12    ballots must have a  security  designation  to  identify  the
13    precinct  and the election.  Where ballots from more than one
14    precinct are being tabulated, the ballots from each  precinct
15    must  be  clearly  identified;  official results shall not be
16    generated unless the precinct identification for any precinct
17    corresponds.   When  the  tabulating  equipment  being   used
18    requires  entering  the program immediately before tabulating
19    the ballots for each precinct, the precinct  program  may  be
20    used.  The Direct Recording Electronic Voting System shall be
21    designed to ensure that the proper  ballot  is  selected  for
22    each polling place and for each ballot configuration and that
23    the  format  can  be  matched  to  the  software  or firmware
24    required to interpret it correctly.  The system shall provide
25    a means of programming each piece of equipment to reflect the
26    ballot requirements of the election and shall include a means
27    for validating the correctness of  the  program  and  of  the
28    program's  installation in the equipment or in a programmable
29    memory devise.

30        (10 ILCS 5/24C-7 new)
31        Sec.  24C-7.  Write-In  Ballots.   A   Direct   Recording
32    Electronic  Voting  System shall provide an acceptable method
 
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 1    for a voter to vote for a person whose name does  not  appear
 2    on  the  ballot using the same apparatus used to record votes
 3    for candidates whose name do appear on the ballot.   Election
 4    authorities  utilizing  Direct  Recording  Electronic  Voting
 5    Systems shall not use separate write-in ballots.
 6        Below the name of the last candidate listed for an office
 7    shall  be  a space or spaces in which the name of a candidate
 8    or candidates may be written in or recorded by the voter. The
 9    number of write-in lines for an office shall equal the number
10    of candidates for which a voter may vote.

11        (10 ILCS 5/24C-8 new)
12        Sec. 24C-8. Preparation for Use; Comparison  of  Ballots;
13    Operational  Checks  of  Direct  Recording  Electronic Voting
14    Systems Equipment; Pollwatchers.  The county clerk  or  board
15    of  election  commissioners  shall  cause the approved Direct
16    Recording Electronic Voting System equipment to be  delivered
17    to  the  polling places. Before the opening of the polls, all
18    Direct  Recording  Voting  System  devices  shall  provide  a
19    printed record of the following,  upon  verification  of  the
20    authenticity  of  the  commands  by  a judge of election: the
21    election's  identification   data,   the   equipment's   unit
22    identification,   the  ballot's  format  identification,  the
23    contents of each active candidate register by office  and  of
24    each  active  public  question  register  showing  that  they
25    contain  all  zeros,  all  ballot  fields that can be used to
26    invoke special voting options, and other  information  needed
27    to  ensure the readiness of the equipment, and to accommodate
28    administrative reporting requirements.
29        The  Direct  Recording  Electronic  Voting  System  shall
30    provide a means of opening the polling place and readying the
31    equipment for the  casting  of  ballots.   Such  means  shall
32    incorporate  a  security  seal,  a  password,  or a data code
33    recognition capability to prevent inadvertent or unauthorized
 
                            -174-    LRB093 07599 BDD 16742 a
 1    actuation of the poll-opening function.   If  more  than  one
 2    step  is  required,  it  shall enforce their execution in the
 3    proper sequence.
 4        Pollwatchers as provided by law  shall  be  permitted  to
 5    closely  observe  the  judges  in  these  procedures  and  to
 6    periodically  inspect  the Direct Recording Electronic Voting
 7    System equipment when not in use by the voters.

 8        (10 ILCS 5/24C-9 new)
 9        Sec. 24C-9. Testing of Direct Recording Electronic Voting
10    System Equipment and  Programs;  Custody  of  Programs,  Test
11    Materials  and  Ballots.   Prior  to  the  public  test,  the
12    election authority shall conduct an errorless pre-test of the
13    Direct  Recording  Electronic  Voting  System  equipment  and
14    programs  to determine that they will correctly detect voting
15    defects and count the votes cast  for  all  offices  and  all
16    public  questions.   On any day not less than 5 days prior to
17    the election day, the election authority shall publicly  test
18    the  Direct  Recording Electronic Voting System equipment and
19    programs to determine that they will correctly detect  voting
20    errors  and  accurately  count the votes legally cast for all
21    offices and on all public questions.  Public  notice  of  the
22    time  and  place of the test shall be given at least 48 hours
23    before the test by publishing  the  notice  in  one  or  more
24    newspapers  within  the election jurisdiction of the election
25    authority, if a newspaper is published in that  jurisdiction.
26    If  a newspaper is not published in that jurisdiction, notice
27    shall be published in a newspaper of general  circulation  in
28    that  jurisdiction.   Timely written notice stating the date,
29    time, and location of the public test shall also be  provided
30    to  the  State Board of Elections.  The test shall be open to
31    representatives  of  the  political   parties,   the   press,
32    representatives  of  the  State  Board  of Elections, and the
33    public. The test  shall  be  conducted  by  entering  a  pre-
 
                            -175-    LRB093 07599 BDD 16742 a
 1    audited  group  of  votes  designed to record a predetermined
 2    number of valid votes for each candidate and on  each  public
 3    question,  and  shall  include  for  each  office one or more
 4    ballots having votes exceeding the number allowed by  law  to
 5    test  the  ability  of  the automatic tabulating equipment to
 6    reject the votes.  The test shall also include  producing  an
 7    edit   listing.    In   those  election  jurisdictions  where
 8    in-precinct counting equipment is used, a public test of both
 9    the equipment and program shall be  conducted  as  nearly  as
10    possible  in the manner prescribed above.  The State Board of
11    Elections may select as many election  jurisdictions  as  the
12    Board  deems  advisable  in  the  interests  of  the election
13    process of this  State,  to  order  a  special  test  of  the
14    automatic tabulating equipment and program before any regular
15    election.  The Board may order a special test in any election
16    jurisdiction  where, during the preceding 12 months, computer
17    programming errors or other  errors  in  the  use  of  System
18    resulted  in  vote  tabulation errors.  Not less than 30 days
19    before any election,  the  State  Board  of  Elections  shall
20    provide  written  notice  to  those selected jurisdictions of
21    their intent to conduct a test.  Within 5 days of receipt  of
22    the  State  Board  of  Elections' written notice of intent to
23    conduct a test, the selected jurisdictions shall  forward  to
24    the  principal  office of the State Board of Elections a copy
25    of all specimen ballots.  The State Board of Elections' tests
26    shall be conducted and completed not less than 2 days  before
27    the  public  test utilizing testing materials supplied by the
28    Board and under the supervision of the Board, and  the  Board
29    shall  reimburse  the  election  authority for the reasonable
30    cost of computer time required to conduct the  special  test.
31    After  an  errorless test, materials used in the public test,
32    including the program, if appropriate, shall  be  sealed  and
33    remain  sealed  until  the test is run again on election day.
34    If any error is detected, the cause of  the  error  shall  be
 
                            -176-    LRB093 07599 BDD 16742 a
 1    determined  and corrected, and an errorless public test shall
 2    be  made  before  the  automatic  tabulating   equipment   is
 3    approved.   Each  election authority shall file a sealed copy
 4    of each tested program to be used within its jurisdiction  at
 5    an  election  with  the  State  Board of Elections before the
 6    election.  The Board shall secure the program or programs  of
 7    each  election jurisdiction so filed in its office for the 60
 8    days following  the  canvass  and  proclamation  of  election
 9    results.   At  the  expiration  of  that time, if no election
10    contest or appeal is pending in an election jurisdiction, the
11    Board shall return the sealed  program  or  programs  to  the
12    election   authority   of  the  jurisdiction.   Except  where
13    in-precinct counting equipment is used,  the  test  shall  be
14    repeated   immediately  before  the  start  of  the  official
15    counting of the ballots, in the  same  manner  as  set  forth
16    above.   After the completion of the count, the test shall be
17    re-run using the same program.  Immediately after the re-run,
18    all material used in testing the  program  and  the  programs
19    shall  be  sealed  and  retained  under  the  custody  of the
20    election  authority  for  a  period  of  60  days.   At   the
21    expiration  of that time the election authority shall destroy
22    the voted ballots, together with all unused ballots  returned
23    from  the precincts.  Provided, if any contest of election is
24    pending at the time in which the ballots may be  required  as
25    evidence  and  the  election  authority  has  notice  of  the
26    contest,  the  same  shall  not  be destroyed until after the
27    contest  is  finally  determined.   If  the  use  of  back-up
28    equipment becomes necessary, the same  testing  required  for
29    the original equipment shall be conducted.

30        (10 ILCS 5/24C-10 new)
31        Sec.  24C-10.  Recording  of  votes  by  Direct Recording
32    Electronic Voting Systems.
33        Whenever a Direct Recording Electronic Voting  System  is
 
                            -177-    LRB093 07599 BDD 16742 a
 1    used  to automatically record and count the votes on ballots,
 2    the provisions of this Section shall apply.   A  voter  shall
 3    cast a proper vote on a ballot by marking the designated area
 4    for  the  casting of a vote for any party or candidate or for
 5    or against any public question.  For this purpose, a mark  is
 6    an intentional selection of the designated area on the ballot
 7    by   appropriate   means   and  which  is  not  otherwise  an
 8    identifying mark.

 9        (10 ILCS 5/24C-11 new)
10        Sec. 24C-11. Functional requirements.
11        A Direct Recording Electronic  Voting  System  shall,  in
12    addition   to  satisfying  the  other  requirements  of  this
13    Article, fulfill the following functional requirements:
14        (a)  Provide a voter in a primary election with the means
15    of  casting  a  ballot  containing  votes  for  any  and  all
16    candidates of the party or parties of his or her choice,  and
17    for  any and all non-partisan candidates and public questions
18    and preclude the voter from voting for any candidate  of  any
19    other  political  party  except when legally permitted.  In a
20    general election, the system shall  provide  the  voter  with
21    means  of  selecting the appropriate number of candidates for
22    any office, and of voting  on  any  public  question  on  the
23    ballot to which he or she is entitled to vote.
24        (b)  If  a  voter  is not entitled to vote for particular
25    candidates or public questions appearing on the  ballot,  the
26    system shall prevent the selection of the prohibited votes.
27        (c)  Once the proper ballot has been selected, the system
28    devices  shall  provide  a means of enabling the recording of
29    votes and the casting of said ballot.
30        (d)  System voting devices shall provide  voting  choices
31    that  are  clear to the voter and labels indicating the names
32    of every candidate and the text of every public  question  on
33    the  voter's ballot.  Each label shall identify the selection
 
                            -178-    LRB093 07599 BDD 16742 a
 1    button or switch, or the active area of the ballot associated
 2    with it.  The system shall be able  to  incorporate  minimal,
 3    easy-to-follow  on-screen instruction for the voter on how to
 4    cast a ballot.
 5        (e)  Voting devices shall (i) enable the  voter  to  vote
 6    for  any and all candidates and public questions appearing on
 7    the ballot for which the voter is lawfully entitled to  vote,
 8    in  any  legal number and combination; (ii) detect and reject
 9    all votes for an office or upon a public  question  when  the
10    voter  has  cast more votes for the office or upon the public
11    question than the voter is entitled to cast; (iii) notify the
12    voter if the voter's choices as recorded on the ballot for an
13    office or public question are fewer than or exceed the number
14    that the voter is entitled to vote  for  on  that  office  or
15    public  question  and  the  effect of casting more votes than
16    legally permitted; (iv) notify the voter  if  the  voter  has
17    failed  to  completely  cast  a  vote for an office or public
18    question appearing the ballot; and (v) permit the voter, in a
19    private and independent manner, to verify the votes  selected
20    by the voter, to change the ballot or to correct any error on
21    the  ballot  before  the ballot is cast and counted.  A means
22    shall be provided to indicate each  selection  after  it  has
23    been made or canceled.
24        (f)  System  voting devices shall provide a means for the
25    voter to signify that the selection of candidates and  public
26    questions  has  been  completed.  Upon activation, the system
27    shall record an image of the completed ballot, increment  the
28    proper  ballot  position  registers, and shall signify to the
29    voter that the ballot has been cast.  The system  shall  then
30    prevent  any  further attempt to vote until it has been reset
31    or re-enabled by a judge of election.
32        (g)  Each system voting device shall be equipped  with  a
33    public  counter  that can be set to zero prior to the opening
34    of the polling place, and that records the number of  ballots
 
                            -179-    LRB093 07599 BDD 16742 a
 1    cast   at  a  particular  election.   The  counter  shall  be
 2    incremented only by the casting of  a  ballot.   The  counter
 3    shall  be designed to prevent disabling or resetting by other
 4    than authorized persons after the polls close.   The  counter
 5    shall  be  visible  to  all judges of election so long as the
 6    device is installed at the polling place.
 7        (h)  Each system voting device shall be equipped  with  a
 8    protective  counter  that  records  all  of  the  testing and
 9    election ballots cast since the unit was built.  This counter
10    shall be designed so that its reading cannot  be  changed  by
11    any cause other than the casting of a ballot.  The protective
12    counter  shall  be incapable of ever being reset and it shall
13    be visible at all times when the  device  is  configured  for
14    testing, maintenance, or election use.
15        (i)  All   system   devices  shall  provide  a  means  of
16    preventing further voting once the polling place  has  closed
17    and  after  all  eligible  voters  have voted.  Such means of
18    control shall incorporate  a  visible  indication  of  system
19    status.   Each  device  shall  prevent  any unauthorized use,
20    prevent  tampering  with  ballot  labels  and  preclude   its
21    re-opening  once the poll closing has been completed for that
22    election.
23        (j)  The system shall produce a printed summary report of
24    the votes cast upon each voting  device.   Until  the  proper
25    sequence  of events associated with closing the polling place
26    has been completed, the system shall not allow  the  printing
27    of  a  report  or the extraction of data.  The printed report
28    shall  also  contain  all  system  audit  information  to  be
29    required by  the  election  authority.   Data  shall  not  be
30    altered  or  otherwise destroyed by report generation and the
31    system shall ensure the integrity and security of data for  a
32    period of at least 6 months after the polls close.
33        (k)  If  more than one voting device is used in a polling
34    place, the system  shall  provide  a  means  to  manually  or
 
                            -180-    LRB093 07599 BDD 16742 a
 1    electronically  consolidate the data from all such units into
 2    a single report even if different voting systems are used  to
 3    record absentee ballots.  The system shall also be capable of
 4    merging  the  vote  tabulation results produced by other vote
 5    tabulation systems, if necessary.
 6        (l)  System functions  shall  be  implemented  such  that
 7    unauthorized access to them is prevented and the execution of
 8    authorized  functions  in  an improper sequence is precluded.
 9    System functions shall be executable  only  in  the  intended
10    manner and order, and only under the intended conditions.  If
11    the preconditions to a system function have not been met, the
12    function  shall  be  precluded from executing by the system's
13    control logic.
14        (m)  All system voting devices shall incorporate at least
15    3 memories in the machine  itself  and  in  its  programmable
16    memory devices.
17        (n)  The  system  shall include capabilities of recording
18    and reporting the date and time of normal and abnormal events
19    and of maintaining a permanent record  of  audit  information
20    that  cannot  be  turned  off.   Provisions  shall be made to
21    detect and record significant events (e.g., casting a ballot,
22    error conditions that cannot be disposed  of  by  the  system
23    itself,   time-dependent  or  programmed  events  that  occur
24    without  the  intervention  of  the  voter  or  a  judge   of
25    election).
26        (o)  The  system  and  each  system voting device must be
27    capable of creating, printing  and  maintaining  a  permanent
28    paper  record  and an electronic image of each ballot that is
29    cast such that records of individual ballots  are  maintained
30    by  a  subsystem  independent and distinct from the main vote
31    detection, interpretation,  processing  and  reporting  path.
32    The  electronic  images  of  each  ballot  must  protect  the
33    integrity  of  the  data and the anonymity of each voter, for
34    example, by means of storage location scrambling.  The ballot
 
                            -181-    LRB093 07599 BDD 16742 a
 1    image records may  be  either  machine-readable  or  manually
 2    transcribed,  or  both,  at  the  discretion  of the election
 3    authority.
 4        (p)  The system shall include built-in test,  measurement
 5    and  diagnostic  software  and  hardware  for  detecting  and
 6    reporting the system's status and degree of operability.
 7        (q)  The  system shall contain provisions for maintaining
 8    the integrity of memory  voting  and  audit  data  during  an
 9    election and for a period of at least 6 months thereafter and
10    shall provide the means for creating an audit trail.
11        (r)  The system shall be fully accessible so as to permit
12    blind  or  visually  impaired  voters  as  well as physically
13    disabled voters to exercise their right to  vote  in  private
14    and without assistance.
15        (s)  The   system   shall  provide  alternative  language
16    accessibility if required pursuant  to  Section  203  of  the
17    Voting Rights Act of 1965.
18        (t)  Each  voting device shall enable a voter to vote for
19    a person whose name does not appear on the ballot.
20        (u)  The system shall record and  count  accurately  each
21    vote  properly  cast  for or against any candidate and for or
22    against any public  question,  including  the  names  of  all
23    candidates whose names are written in by the voters.
24        (v)  The  system  shall  allow  for accepting provisional
25    ballots and for  separating  such  provisional  ballots  from
26    precinct totals until authorized by the election authority.
27        (w)  The system shall provide an effective audit trail as
28    defined in Section 24C-2 in this Code.
29        (x)  The  system  shall  be  suitably  designed  for  the
30    purpose  used,  be  durably  constructed, and be designed for
31    safety, accuracy and efficiency.
32        (y)  The system  shall  comply  with  all  provisions  of
33    Federal,  State  and  local election laws and regulations and
34    any future modifications to those laws and regulations.
 
                            -182-    LRB093 07599 BDD 16742 a
 1        (10 ILCS 5/24C-12 new)
 2        Sec. 24C-12. Procedures  for  Counting  and  Tallying  of
 3    Ballots.
 4        In  an  election  jurisdiction  where  a Direct Recording
 5    Electronic Voting System is used,  the  following  procedures
 6    for counting and tallying the ballots shall apply:
 7        Before  the opening of the polls, the judges of elections
 8    shall assemble the voting equipment and devices and turn  the
 9    equipment  on.  The judges shall, if necessary, take steps to
10    activate  the  voting  devices  and  counting  equipment   by
11    inserting  into  the equipment and voting devices appropriate
12    data cards containing passwords  and  data  codes  that  will
13    select  the  proper  ballot formats selected for that polling
14    place and  that  will  prevent  inadvertent  or  unauthorized
15    activation  of  the  poll-opening  function.    Before voting
16    begins  and  before  ballots  are  entered  into  the  voting
17    devices, the judges of election shall cause to be  printed  a
18    record  of the following: the election's identification data,
19    the  device's  unit  identification,  the   ballot's   format
20    identification,   the   contents  of  each  active  candidate
21    register  by  office  and  of  each  active  public  question
22    register showing that they contain all zero votes, all ballot
23    fields that can be used to invoke special voting options, and
24    other information needed  to  ensure  the  readiness  of  the
25    equipment   and   to   accommodate  administrative  reporting
26    requirements.  The judges must also check to be sure that the
27    totals are all zeros in  the  counting  columns  and  in  the
28    public counter affixed to the voting devices.
29        After  the  judges  have  determined  that  a  person  is
30    qualified  to vote, a voting device with the proper ballot to
31    which the voter is entitled shall be enabled to  be  used  by
32    the  voter.   The  ballot  may  then  be cast by the voter by
33    marking by appropriate  means  the  designated  area  of  the
34    ballot  for the casting of a vote for any candidate or for or
 
                            -183-    LRB093 07599 BDD 16742 a
 1    against any public question.  The voter shall be able to vote
 2    for any and all candidates and public measures  appearing  on
 3    the  ballot in any legal number and combination and the voter
 4    shall be able  to  delete,  change  or  correct  his  or  her
 5    selections  before  the  ballot  is cast.  The voter shall be
 6    able to select candidates whose names do not appear upon  the
 7    ballot  for  any  office  by  entering electronically as many
 8    names of candidates as the voter is entitled  to  select  for
 9    each office.
10        Upon  completing  his  or  her selection of candidates or
11    public questions, the voter shall  signify  that  voting  has
12    been  completed  by activating the appropriate button, switch
13    or active area of the ballot screen associated  with  end  of
14    voting.   Upon  activation, the voting system shall record an
15    image of the completed ballot, increment  the  proper  ballot
16    position  registers,  and shall signify to the voter that the
17    ballot has been cast.  Upon  activation,  the  voting  system
18    shall also print a permanent paper record of each ballot cast
19    as  defined  in  Section  24C-2 of this Code.  This permanent
20    paper record shall either be self-contained within the voting
21    device or shall be deposited  by  the  voter  into  a  secure
22    ballot  box.  No permanent paper record shall be removed from
23    the polling place except by election officials as  authorized
24    by  this  Article.   All  permanent  paper  records  shall be
25    preserved and secured  by  election  officials  in  the  same
26    manner as paper ballots and shall be available as an official
27    record  for  any recount, redundant count, or verification or
28    retabulation of the vote count conducted with respect to  any
29    election  in  which  the  voting system is used.    The voter
30    shall exit the voting station and  the  voting  system  shall
31    prevent  any  further  attempt  to  vote  until  it  has been
32    properly re-activated.  If a voting device has  been  enabled
33    for  voting  but  the  voter leaves the polling place without
34    casting a ballot, 2 judges of election, one from each of  the
 
                            -184-    LRB093 07599 BDD 16742 a
 1    2 major political parties, shall spoil the ballot.
 2        Throughout the election day and before the closing of the
 3    polls,  no person may check any vote totals for any candidate
 4    or public question on the voting or counting equipment.  Such
 5    equipment shall be programmed so that no person may reset the
 6    equipment for reentry of ballots unless provided  the  proper
 7    code  from  an  authorized  representative  of  the  election
 8    authority.
 9        The  precinct  judges  of election shall check the public
10    register to determine whether the number of  ballots  counted
11    by  the  voting  equipment  agrees  with the number of voters
12    voting as shown by the applications for ballot.  If the  same
13    do  not  agree,  the  judges  of  election  shall immediately
14    contact the offices of the election authority  in  charge  of
15    the  election  for  further  instructions.   If the number of
16    ballots counted by  the  voting  equipment  agrees  with  the
17    number  of  voters  voting  as  shown  by the application for
18    ballot, the number shall  be  listed  on  the  "Statement  of
19    Ballots" form provided by the election authority.
20        The  totals  for all candidates and propositions shall be
21    tabulated; and 4 copies of a "Certificate of  Results"  shall
22    be  printed  by  the automatic tabulating equipment; one copy
23    shall be posted in a conspicuous  place  inside  the  polling
24    place;  and  every  effort  shall  be  made  by the judges of
25    election to provide a copy for each authorized pollwatcher or
26    other official authorized to be present in the polling  place
27    to  observe the counting of ballots; but in no case shall the
28    number of copies to be  made  available  to  pollwatchers  be
29    fewer  than  4,  chosen by lot by the judges of election.  In
30    addition, sufficient time shall be provided by the judges  of
31    election   to   the   pollwatchers  to  allow  them  to  copy
32    information from the copy which has been posted.
33        If instructed by the election authority,  the  judges  of
34    election  shall cause the tabulated returns to be transmitted
 
                            -185-    LRB093 07599 BDD 16742 a
 1    electronically to the offices of the election  authority  via
 2    modem or other electronic medium.
 3        The   precinct   judges   of   election  shall  select  a
 4    bi-partisan team of 2 judges, who  shall  immediately  return
 5    the  ballots  in  a  sealed  container,  along with all other
 6    election  materials  and  equipment  as  instructed  by   the
 7    election  authority;  provided,  however, that such container
 8    must first be sealed by the  election  judges  with  filament
 9    tape  or  other  approved  sealing  devices  provided for the
10    purpose in a manner that the ballots cannot be  removed  from
11    the  container without breaking the seal or filament tape and
12    disturbing any signatures affixed by the election  judges  to
13    the  container.  The election authority shall keep the office
14    of  the  election  authority  or   any   receiving   stations
15    designated by the authority, open for at least 12 consecutive
16    hours after the polls close or until the ballots and election
17    material   and   equipment  from  all  precincts  within  the
18    jurisdiction of the election authority have been returned  to
19    the  election  authority.  Ballots and election materials and
20    equipment returned to the office of  the  election  authority
21    which  are not signed and sealed as required by law shall not
22    be accepted  by  the  election  authority  until  the  judges
23    returning   the   ballots   make   and   sign  the  necessary
24    corrections.  Upon acceptance of  the  ballots  and  election
25    materials and equipment by the election authority, the judges
26    returning  the  ballots  shall  take  a receipt signed by the
27    election authority and stamped with the time and date of  the
28    return.   The  election judges whose duty it is to return any
29    ballots and election  materials  and  equipment  as  provided
30    shall,  in  the  event  the  ballots,  materials or equipment
31    cannot be found when needed, on proper request,  produce  the
32    receipt which they are to take as above provided.

33        (10 ILCS 5/24C-13 new)
 
                            -186-    LRB093 07599 BDD 16742 a
 1        Sec.  24C-13.  Absentee  ballots; Proceedings at Location
 2    for Central Counting; Employees; Approval of List.
 3        (a)  All jurisdictions using Direct Recording  Electronic
 4    Voting Systems shall use paper ballots or paper ballot sheets
 5    approved  for  use under Articles 16, 24A of 24B of this Code
 6    when conducting absentee voting except that Direct  Recording
 7    Electronic  Voting Systems may be used for in-person absentee
 8    voting conducted pursuant to Section  19-2.1  of  this  Code.
 9    All  absentee  ballots  shall be counted at the office of the
10    election authority.  The provisions of Section  24A-9,  24B-9
11    and  24C-9 of this Code shall apply to the testing and notice
12    requirements  for   central   count   tabulation   equipment,
13    including comparing the signature on the ballot envelope with
14    the   signature   of   the   voter  on  the  permanent  voter
15    registration  record  card  taken  from  the   master   file.
16    Absentee  ballots other than absentee ballots voted in person
17    pursuant to Section 19-2.1 of this Code shall be examined and
18    processed pursuant to Sections 19-9 and 20-9  of  this  Code.
19    Vote results shall be recorded by precinct and shall be added
20    to  the  vote  results  for  the precinct in which the absent
21    voter was  eligible  to  vote  prior  to  completion  of  the
22    official canvass.
23        (b)  All proceedings at the location for central counting
24    shall  be under the direction of the county clerk or board of
25    election commissioners.  Except  for  any  specially  trained
26    technicians   required   for  the  operation  of  the  Direct
27    Recording Electronic Voting  System,  the  employees  at  the
28    counting  station shall be equally divided between members of
29    the 2 leading political parties and all duties  performed  by
30    the employees shall be by teams consisting of an equal number
31    of  members  of  each political party.  Thirty days before an
32    election the county clerk or board of election  commissioners
33    shall submit to the chairman of each political party, for his
34    or  her  approval or disapproval, a list of persons of his or
 
                            -187-    LRB093 07599 BDD 16742 a
 1    her party proposed to be employed.  If a  chairman  fails  to
 2    notify  the  election  authority of his or her disapproval of
 3    any proposed employee within a period of 10  days  thereafter
 4    the list shall be deemed approved.

 5        (10 ILCS 5/24C-14 new)
 6        Sec.  24C-14.  Tabulating  Votes;  Direction; Presence of
 7    Public; Computer Operator's Log and Canvass.   The  procedure
 8    for  tabulating  the votes by the Direct Recording Electronic
 9    Voting System shall be under the direction  of  the  election
10    authority and shall conform to the requirements of the Direct
11    Recording    Electronic    Voting    System.    During    any
12    election-related   activity   using   the   automatic  Direct
13    Recording Electronic Voting System  equipment,  the  election
14    authority  shall  make  a  reasonable  effort to dedicate the
15    equipment to vote  processing  to  ensure  the  security  and
16    integrity of the system.
17        A  reasonable number of pollwatchers shall be admitted to
18    the  counting  location.   Such  persons  may   observe   the
19    tabulating   process   at  the  discretion  of  the  election
20    authority; however,  at  least  one  representative  of  each
21    established  political  party  and  authorized  agents of the
22    State Board of Elections shall be permitted to  observe  this
23    process  at  all times.  No persons except those employed and
24    authorized for the purpose shall  touch  any  ballot,  ballot
25    box, return, or equipment.
26        The computer operator shall be designated by the election
27    authority  and  shall  be  sworn  as a deputy of the election
28    authority.  In conducting the vote  tabulation  and  canvass,
29    the computer operator must maintain a log which shall include
30    the following information:
31             (a) alterations made to programs associated with the
32        vote counting process;
33             (b)  if applicable, console messages relating to the
 
                            -188-    LRB093 07599 BDD 16742 a
 1        program  and  the  respective  responses  made   by   the
 2        operator;
 3             (c) the starting time for each precinct counted, the
 4        number   of   ballots  counted  for  each  precinct,  any
 5        equipment  problems  and,  insofar  as  practicable,  the
 6        number  of  invalid  security  designations   encountered
 7        during that count; and
 8             (d) changes and repairs made to the equipment during
 9        the vote tabulation and canvass.
10        The   computer   operator's  log  and  canvass  shall  be
11    available for public inspection in the office of the election
12    authority for a period of 60 days following the  proclamation
13    of  election  results.  A copy of the computer operator's log
14    and the canvass shall be transmitted to the  State  Board  of
15    Elections upon its request and at its expense.

16        (10 ILCS 5/24C-15 new)
17        Sec.  24C-15.  Official  Return  of  Precinct;  Check  of
18    Totals;  Audit.  The  precinct  return  printed by the Direct
19    Recording Electronic Voting System tabulating equipment shall
20    include the number of ballots cast and votes  cast  for  each
21    candidate  and  public  question  and  shall  constitute  the
22    official  return  of  each  precinct.   In  addition  to  the
23    precinct  return,  the  election  authority shall provide the
24    number of applications for  ballots  in  each  precinct,  the
25    total  number of ballots and absentee ballots counted in each
26    precinct for each political subdivision and district and  the
27    number  of  registered voters in each precinct.  However, the
28    election authority  shall  check  the  totals  shown  by  the
29    precinct  return  and,  if  there  is  an obvious discrepancy
30    regarding the total number of votes  cast  in  any  precinct,
31    shall  have  the ballots for that precinct audited to correct
32    the return.  The procedures for this audit shall apply  prior
33    to  and  after  the proclamation is completed; however, after
 
                            -189-    LRB093 07599 BDD 16742 a
 1    the proclamation of  results,  the  election  authority  must
 2    obtain  a  court  order  to  unseal  voted  ballots or voting
 3    devices except for election contests and discovery  recounts.
 4    The  certificate  of  results,  which  has  been prepared and
 5    signed by the judges of election in the polling  place  after
 6    the  ballots  have been tabulated, shall be the document used
 7    for the canvass of  votes  for  such  precinct.   Whenever  a
 8    discrepancy  exists  during  the canvass of votes between the
 9    unofficial  results  and  the  certificate  of  results,   or
10    whenever  a  discrepancy  exists  during the canvass of votes
11    between the certificate of results  and  the  set  of  totals
12    reflected on the certificate of results, the ballots for that
13    precinct shall be audited to correct the return.
14        Prior  to  the proclamation, the election authority shall
15    test the voting devices and equipment in 1% of the  precincts
16    within the election jurisdiction.  The precincts to be tested
17    shall be selected after election day on a random basis by the
18    election  authority,  so  that every precinct in the election
19    jurisdiction  has  an  equal  mathematical  chance  of  being
20    selected.  The  State  Board  of  Elections  shall  design  a
21    standard  and  scientific  random  method  of  selecting  the
22    precincts  that  are to be tested, and the election authority
23    shall be required to use that method.   The  State  Board  of
24    Elections,  the  State's  Attorney  and other appropriate law
25    enforcement agencies, the county chairman of each established
26    political party and qualified civic  organizations  shall  be
27    given  prior  written  notice  of  the  time and place of the
28    random selection procedure and  may  be  represented  at  the
29    procedure.
30        The  test shall be conducted by counting the votes marked
31    on the permanent paper record of  each  ballot  cast  in  the
32    tested precinct printed by the voting system at the time that
33    each  ballot was cast and comparing the results of this count
34    with the results shown by the certificate of results prepared
 
                            -190-    LRB093 07599 BDD 16742 a
 1    by the Direct Recording Electronic voting system in the  test
 2    precinct.    The  election  authority  shall test count these
 3    votes either by hand or  by  using  an  automatic  tabulating
 4    device other than a Direct Recording Electronic voting device
 5    that  has  been  approved by the State Board of Elections for
 6    that purpose and tested before use to  ensure  accuracy.  The
 7    election  authority  shall  print  the  results  of each test
 8    count.   If  any  error  is  detected,  the  cause  shall  be
 9    determined and corrected, and an  errorless  count  shall  be
10    made  prior  to  the  official  canvass  and  proclamation of
11    election results.  If an errorless count cannot be  conducted
12    and  there continues to be difference in vote results between
13    the certificate of results produced by the  Direct  Recording
14    Electronic voting system and the count of the permanent paper
15    records  or  if  an  error  was  detected  and corrected, the
16    election authority shall immediately prepare and  forward  to
17    the  appropriate canvassing board a written report explaining
18    the results of the test and any errors  encountered  and  the
19    report shall be made available for public inspection.
20        The  State  Board  of Elections, the State's Attorney and
21    other  appropriate  law  enforcement  agencies,  the   county
22    chairman  of  each  established political party and qualified
23    civic organizations shall be given prior  written  notice  of
24    the  time and place of the test and may be represented at the
25    test.
26        The results of this post-election test shall  be  treated
27    in the same manner and have the same effect as the results of
28    the  discovery procedures set forth in Section 22-9.1 of this
29    Code.

30        (10 ILCS 5/24C-15.01 new)
31        Sec. 24C-15.01. Transporting Ballots to Central  Counting
32    Station; Container.  Upon completion of the tabulation, audit
33    or  test  of  voting  equipment  pursuant  to Sections 24C-11
 
                            -191-    LRB093 07599 BDD 16742 a
 1    through 24C-15, the ballots and  the  medium  containing  the
 2    ballots from each precinct shall be replaced in the container
 3    in  which  they  were  transported  to  the  central counting
 4    station.  If the  container  is  not  a  type  which  may  be
 5    securely   locked,   then   each   container,   before  being
 6    transferred from the counting station to  storage,  shall  be
 7    securely sealed.

 8        (10 ILCS 5/24C-15.1 new)
 9        Sec. 24C-15.1. Discovery, Recounts and Election Contests.
10    Except  as provided, discovery recounts and election contests
11    shall be conducted as otherwise provided for  in  this  Code.
12    The Direct Recording Electronic Voting System equipment shall
13    be  tested prior to the discovery recount or election contest
14    as provided in Section 24C-9, and then the  official  ballots
15    shall be audited.
16        Any person who has filed a petition for discovery recount
17    may  request  that  a  redundant  count be conducted in those
18    precincts in which the discovery recount is being  conducted.
19    The  additional  costs of a redundant count shall be borne by
20    the requesting party.
21        The log  of  the  computer  operator  and  all  materials
22    retained  by  the  election  authority  in  relation  to vote
23    tabulation and  canvass  shall  be  made  available  for  any
24    discovery recount or election contest.

25        (10 ILCS 5/24C-16 new)
26        Sec.  24C-16.  Approval  of  Direct  Recording Electronic
27    Voting Systems; Requisites.  The  State  Board  of  Elections
28    shall  approve all Direct Recording Electronic Voting Systems
29    that fulfill the functional requirements provided by  Section
30    24C-11  of  this  Code,  the  mandatory  requirements  of the
31    federal  voting  system  standards   pertaining   to   Direct
32    Recording   Electronic  voting  systems  promulgated  by  the
 
                            -192-    LRB093 07599 BDD 16742 a
 1    Federal  Election  Commission  or  the  Election   Assistance
 2    Commission,   the   testing   requirements   of  an  approved
 3    independent testing authority and  the  rules  of  the  State
 4    Board of Elections.
 5        The  State  Board  of Elections is authorized to withdraw
 6    its approval of a Direct Recording Electronic  Voting  System
 7    if  the  System,  once  approved,  fails to fulfill the above
 8    requirements.
 9        No vendor, person or other entity may sell, lease or loan
10    a  Direct  Recording  Electronic  Voting  System  or   system
11    component  to  any election jurisdiction unless the system or
12    system component is first approved  by  the  State  Board  of
13    Elections pursuant to this Section.

14        (10 ILCS 5/24C-17 new)
15        Sec. 24C-17. Rules; Number of Voting Stations.  The State
16    Board   of  Elections  may  make  reasonable  rules  for  the
17    administration of this Article and may prescribe  the  number
18    of  voting  stations required for the various types of voting
19    systems.

20        (10 ILCS 5/24C-18 new)
21        Sec.  24C-18.  Specimen  Ballots;  Publication.   When  a
22    Direct  Recording  Electronic  Voting  System  is  used,  the
23    election authority shall cause to be published,  at  least  5
24    days  before  the  day  of  each  general and general primary
25    election, in 2 or more newspapers published in and  having  a
26    general circulation in the county, a true and legible copy of
27    the  specimen  ballot  containing  the  names  of offices and
28    candidates and public questions to be voted on,  as  near  as
29    may be, in the form in which they will appear on the official
30    ballot  on  election  day.  A true legible copy may be in the
31    form of an actual size  ballot  and  shall  be  published  as
32    required  by  this  Section  if  distributed  in  2  or  more
 
                            -193-    LRB093 07599 BDD 16742 a
 1    newspapers  published and having a general circulation in the
 2    county as an insert.  For each election prescribed in Article
 3    2A of this Code, specimen ballots shall be made available for
 4    public distribution and shall be supplied to  the  judges  of
 5    election  for  posting  in  the  polling  place on the day of
 6    election.  Notice for the  consolidated  elections  shall  be
 7    given as provided in Article 12.

 8        (10 ILCS 5/24C-19 new)
 9        Sec.  24C-19. Additional Method of Voting.  The foregoing
10    Sections of this Article shall be deemed to provide a  method
11    of  voting  in  addition to the methods otherwise provided in
12    this Code.

13        Section 10.  The State Finance Act is amended  by  adding
14    Section 5.595 as follows:

15        (30 ILCS 105/5.595 new)
16        Sec. 5.595. The Help Illinois Vote Fund.

17        Section 15.  The Property Tax Code is amended by changing
18    Section 5-5 as follows:

19        (35 ILCS 200/5-5)
20        Sec.  5-5.  Election of commissioners of board of review;
21    counties of 3,000,000 or more.
22        (a)  In counties with 3,000,000 or more  inhabitants,  on
23    the  first Tuesday after the first Monday in November 1994, 2
24    commissioners of the board of appeals  shall  be  elected  to
25    hold office from the first Monday in December following their
26    election and until the first Monday in December 1998. In case
27    of  any  vacancy, the chief judge of the circuit court or any
28    judge of that circuit designated by  the  chief  judge  shall
29    fill  the  vacancy by appointment. The commissioners shall be
 
                            -194-    LRB093 07599 BDD 16742 a
 1    electors in the  particular  county  at  the  time  of  their
 2    election  or  appointment  and  shall hold no other lucrative
 3    public office or public employment. Each  commissioner  shall
 4    receive  compensation  fixed by the county board, which shall
 5    be paid out of the county treasury and  which  shall  not  be
 6    changed during the term for which any commissioner is elected
 7    or  appointed.  Effective  the first Monday in December 1998,
 8    the board of appeals is abolished.
 9        The  board   of   appeals   shall   maintain   sufficient
10    evidentiary  records  to  support  all  decisions made by the
11    board of appeals.  All records,  data,  sales/ratio  studies,
12    and  other  information  necessary  for  the  board of review
13    elected under subsection (c) to  perform  its  functions  and
14    duties  shall  be  transferred by the board of appeals to the
15    board of review on the first Monday in December 1998.
16        (b)  (Blank).
17        (c)  In each county with 3,000,000 or  more  inhabitants,
18    there is created a board of review. The board of review shall
19    consist  of  3  commissioners, one elected from each election
20    district in the county at the general  election  in  1998  to
21    hold  office  for  a  term  beginning  on the first Monday in
22    December following their election and until their  respective
23    successors are elected and qualified.
24        No  later  than  June 1, 1996, the General Assembly shall
25    establish the boundaries for the 3 election districts in each
26    county with  3,000,000  or  more  inhabitants.  The  election
27    districts    shall   be   compact,   contiguous,   and   have
28    substantially the same population based on the  1990  federal
29    decennial  census.  One  district  shall be designated as the
30    first election district, one as the second election district,
31    and one as the third election district. The commissioner from
32    each district shall be elected to a term of 4 years.
33        In the year following each federal decennial census,  the
34    General  Assembly shall reapportion the election districts to
 
                            -195-    LRB093 07599 BDD 16742 a
 1    reflect  the  results  of  the  census.   The   reapportioned
 2    districts   shall   be   compact,   contiguous,  and  contain
 3    substantially the same population. The commissioner from  the
 4    first district shall be elected to terms of 4 years, 4 years,
 5    and 2 years. The  commissioner from the second district shall
 6    be  elected  to  terms  of 4 years, 2 years, and 4 years. The
 7    commissioner from the third  district  shall  be  elected  to
 8    terms of 2 years, 4 years, and 4 years.
 9        In  case of vacancy, the chief judge of the circuit court
10    or any judge of the circuit court  designated  by  the  chief
11    judge  shall fill the vacancy by appointment of a person from
12    the same political party. If the vacancy is filled with  more
13    than   28   months  remaining  in  the  term,  the  appointed
14    commissioner shall serve until the next general election,  at
15    which  time  a commissioner shall be elected to serve for the
16    remainder of the term.  If a vacancy is filled with 28 months
17    or less remaining in the term, the appointment shall  be  for
18    the  remainder of the term. No commissioner may be elected or
19    appointed to the board of review unless he or she has resided
20    in the election district he or she seeks to represent for  at
21    least 2 years before the date of the election or appointment.
22    In  the  election following each federal decennial census and
23    board of review redistricting, a candidate  for  commissioner
24    may  be  elected  from  any election district that contains a
25    part of the election district in which he or she  resided  at
26    the time of the redistricting and re-elected if a resident of
27    the  new district he or she represents for 18 months prior to
28    re-election.  The  commissioners  shall  be  electors  within
29    their  respective  election  district  at  the  time of their
30    election or appointment and shall  hold  no  other  lucrative
31    public office or public employment.
32        Each commissioner shall receive compensation fixed by the
33    county  board,  which shall be paid from the county treasury.
34    Compensation for each commissioner  shall  be  equitable  and
 
                            -196-    LRB093 07599 BDD 16742 a
 1    shall   not  be  changed  during  the  term  for  which  that
 2    commissioner  is  elected  or  appointed.  The  county  shall
 3    provide suitable office space for the board of review.
 4        For the year beginning on the first  Monday  in  December
 5    1998  and ending the first Monday in December 1999, and every
 6    fourth year thereafter, the chair of the board shall  be  the
 7    commissioner  elected  from the first district.  For the year
 8    beginning the first Monday in December 1999  and  ending  the
 9    first   Monday  in  December  2000,  and  every  fourth  year
10    thereafter, the chair of the board shall be the  commissioner
11    elected from the second district.  For the year beginning the
12    first  Monday in December 2000 and ending the first Monday in
13    December 2001, and every fourth year  thereafter,  the  chair
14    shall  be  the  commissioner elected from the third district.
15    For the year beginning the first Monday in December 2001  and
16    ending  the  first  Monday in December 2002, and every fourth
17    year thereafter, the chair of the board shall  be  determined
18    by lot.
19        On  and  after  the  first  Monday in December, 1998, any
20    reference in this Code to a board of appeals shall  mean  the
21    board  of  review  created  under  this  subsection,  and any
22    reference to a member of a  board  of  review  shall  mean  a
23    commissioner  of  a  board  of  review.   Whenever  it may be
24    necessary for purposes of determining its  jurisdiction,  the
25    board  of review shall be deemed to succeed to the powers and
26    duties of the former board  of  appeals;  provided  that  the
27    board  of review shall also have all of the powers and duties
28    granted to it under this Code.  All action of  the  board  of
29    review shall be by a majority vote of its commissioners.
30    (Source: P.A. 91-393, eff. 7-30-99; 91-425, eff. 8-6-99.)

31        Section  20.  The  School  Code  is  amended  by changing
32    Section 22-21 as follows:
 
                            -197-    LRB093 07599 BDD 16742 a
 1        (105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
 2        Sec. 22-21. Elections-Use of school buildings.
 3        (a)  Every school board shall offer  to  the  appropriate
 4    officer  or board having responsibility for providing polling
 5    places for elections the use of any and all  buildings  under
 6    its  jurisdiction for any and all elections to be held, if so
 7    requested by such appropriate officer or board.
 8        (b)  Election officers shall place 2 or more cones, small
 9    United States national flags, or some other marker a distance
10    of 100 horizontal feet from each entrance to the room used by
11    voters to engage in voting,  which  shall  be  known  as  the
12    polling  room.  If  the  polling  room  is  located  within a
13    building that is a public or private school or  a  church  or
14    other  organization  founded  for  the  purpose  of religious
15    worship and the distance of 100 horizontal feet  ends  within
16    the  interior  of  the  building,  then  the markers shall be
17    placed outside of the  building  at  each  entrance  used  by
18    voters  to enter that building on the grounds adjacent to the
19    thoroughfare or walkway.  If  the  polling  room  is  located
20    within a public or private building with 2 or more floors and
21    the  polling  room  is  located on the ground floor, then the
22    markers  shall  be  placed  100  horizontal  feet  from  each
23    entrance to the polling room used  by  voters  to  engage  in
24    voting. If the polling room is located in a public or private
25    building  with  2  or  more  floors  and  the polling room is
26    located on a floor above or below the ground floor, then  the
27    markers  shall  be  placed  a  distance  of 100 feet from the
28    nearest elevator or staircase used by voters  on  the  ground
29    floor  to access the floor where the polling room is located.
30    The area within where the markers are placed shall  be  known
31    as  a  campaign  free  zone, and electioneering is prohibited
32    pursuant to this subsection.
33        Notwithstanding any other provision  of  this  Code,  the
34    area on polling place property beyond the campaign free zone,
 
                            -198-    LRB093 07599 BDD 16742 a
 1    whether  publicly  or  privately owned, is a public forum for
 2    the time that the polls are open on an election day.  At  the
 3    request of election officers any publicly owned building must
 4    be  made available for use as a polling place. A person shall
 5    have the right to congregate and engage in electioneering  on
 6    any  polling  place  property while the polls are open beyond
 7    the campaign free zone, including but  not  limited  to,  the
 8    placement  of  temporary  signs.  This  subsection  shall  be
 9    construed   liberally   in   favor  of  persons  engaging  in
10    electioneering on  all  polling  place  property  beyond  the
11    campaign free zone for the time that the polls are open on an
12    election day.
13    (Source: Laws 1965, p. 2477.).

14        Section  90.  The State Mandates Act is amended by adding
15    Section 8.27 as follows:

16        (30 ILCS 805/8.27 new)
17        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
18    and  8 of this Act, no reimbursement by the State is required
19    for  the  implementation  of  any  mandate  created  by  this
20    amendatory Act of the 93rd General Assembly.

21        Section  97.  Severability.  The   provisions   of   this
22    amendatory  Act  of  the  93rd General Assembly are severable
23    under Section 1.31 of the Statute on Statutes.

24        Section 99.  Effective date.  This Act takes effect  upon
25    becoming law.".