SB3722 EnrolledLRB097 17968 PJG 63191 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 4-50, 5-50, 6-100, 9-1.8, 9-1.9, 9-1.15, 9-2, 9-3,
69-7, 9-8.5, 9-8.6, 9-10, 9-15, 9-28.5, 16-6, 18A-5, 18A-15,
719-2.1, 19-3, 19A-15, and 24C-12 and by adding Section 1-11 as
8follows:
 
9    (10 ILCS 5/1-11 new)
10    Sec. 1-11. Public university voting. For the 2012 general
11election, each appropriate election authority shall, in
12addition to the early voting conducted at locations otherwise
13required by law, conduct early voting in a high traffic
14location on the campus of a public university within the
15election authority's jurisdiction. For the purposes of this
16Section, "public university" means the University of Illinois
17at its campuses in Urbana-Champaign and Springfield, Southern
18Illinois University at its campuses in Carbondale and
19Edwardsville, Eastern Illinois University, Illinois State
20University, Northern Illinois University, and Western Illinois
21University at its campuses in Macomb and Moline. The voting
22required by this Section to be conducted on campus must be
23conducted as otherwise required by Article 19A of this Code. If

 

 

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1an election authority has voting equipment that can accommodate
2a ballot in every form required in the election authority's
3jurisdiction, then the election authority shall extend early
4voting under this Section to any registered voter in the
5election authority's jurisdiction. However, if the election
6authority does not have voting equipment that can accommodate a
7ballot in every form required in the election authority's
8jurisdiction, then the election authority may limit early
9voting under this Section to registered voters in precincts
10where the public university is located and precincts bordering
11the university. Each public university shall make the space
12available in a high traffic area for, and cooperate and
13coordinate with the appropriate election authority in, the
14implementation of this Section. This Section is repealed on May
1531, 2013.
 
16    (10 ILCS 5/4-50)
17    Sec. 4-50. Grace period. Notwithstanding any other
18provision of this Code to the contrary, each election authority
19shall establish procedures for the registration of voters and
20for change of address during the period from the close of
21registration for a primary or election and until the 3rd 7th
22day before the primary or election. During this grace period,
23an unregistered qualified elector may register to vote, and a
24registered voter may submit a change of address form, in person
25in the office of the election authority or at a voter

 

 

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1registration location specifically designated for this purpose
2by the election authority. The election authority shall
3register that individual, or change a registered voter's
4address, in the same manner as otherwise provided by this
5Article for registration and change of address.
6    If a voter who registers or changes address during this
7grace period wishes to vote at the first election or primary
8occurring after the grace period, he or she must do so by grace
9period voting, either in person in the office of the election
10authority or at a location specifically designated for this
11purpose by the election authority, or by mail, at the
12discretion of the election authority. Grace period voting shall
13be in a manner substantially similar to voting under Article
1419.
15    Within one day after a voter casts a grace period ballot,
16the election authority shall transmit the voter's name, street
17address, and precinct, ward, township, and district numbers, as
18the case may be, to the State Board of Elections, which shall
19maintain those names and that information in an electronic
20format on its website, arranged by county and accessible to
21State and local political committees. The name of each person
22issued a grace period ballot shall also be placed on the
23appropriate precinct list of persons to whom absentee and early
24ballots have been issued, for use as provided in Sections 17-9
25and 18-5.
26    A person who casts a grace period ballot shall not be

 

 

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1permitted to revoke that ballot and vote another ballot with
2respect to that primary or election. Ballots cast by persons
3who register or change address during the grace period must be
4transmitted to and counted at the election authority's central
5ballot counting location and shall not be transmitted to and
6counted at precinct polling places. The grace period ballots
7determined to be valid shall be added to the vote totals for
8the precincts for which they were cast in the order in which
9the ballots were opened.
10(Source: P.A. 96-441, eff. 1-1-10.)
 
11    (10 ILCS 5/5-50)
12    Sec. 5-50. Grace period. Notwithstanding any other
13provision of this Code to the contrary, each election authority
14shall establish procedures for the registration of voters and
15for change of address during the period from the close of
16registration for a primary or election and until the 3rd 7th
17day before the primary or election. During this grace period,
18an unregistered qualified elector may register to vote, and a
19registered voter may submit a change of address form, in person
20in the office of the election authority or at a voter
21registration location specifically designated for this purpose
22by the election authority. The election authority shall
23register that individual, or change a registered voter's
24address, in the same manner as otherwise provided by this
25Article for registration and change of address.

 

 

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1     If a voter who registers or changes address during this
2grace period wishes to vote at the first election or primary
3occurring after the grace period, he or she must do so by grace
4period voting, either in person in the office of the election
5authority or at a location specifically designated for this
6purpose by the election authority, or by mail, at the
7discretion of the election authority. Grace period voting shall
8be in a manner substantially similar to voting under Article
919.
10    Within one day after a voter casts a grace period ballot,
11the election authority shall transmit the voter's name, street
12address, and precinct, ward, township, and district numbers, as
13the case may be, to the State Board of Elections, which shall
14maintain those names and that information in an electronic
15format on its website, arranged by county and accessible to
16State and local political committees. The name of each person
17issued a grace period ballot shall also be placed on the
18appropriate precinct list of persons to whom absentee and early
19ballots have been issued, for use as provided in Sections 17-9
20and 18-5.
21    A person who casts a grace period ballot shall not be
22permitted to revoke that ballot and vote another ballot with
23respect to that primary or election. Ballots cast by persons
24who register or change address during the grace period must be
25transmitted to and counted at the election authority's central
26ballot counting location and shall not be transmitted to and

 

 

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1counted at precinct polling places. The grace period ballots
2determined to be valid shall be added to the vote totals for
3the precincts for which they were cast in the order in which
4the ballots were opened.
5(Source: P.A. 96-441, eff. 1-1-10.)
 
6    (10 ILCS 5/6-100)
7    Sec. 6-100. Grace period. Notwithstanding any other
8provision of this Code to the contrary, each election authority
9shall establish procedures for the registration of voters and
10for change of address during the period from the close of
11registration for a primary or election and until the 3rd 7th
12day before the primary or election. During this grace period,
13an unregistered qualified elector may register to vote, and a
14registered voter may submit a change of address form, in person
15in the office of the election authority or at a voter
16registration location specifically designated for this purpose
17by the election authority. The election authority shall
18register that individual, or change a registered voter's
19address, in the same manner as otherwise provided by this
20Article for registration and change of address.
21    If a voter who registers or changes address during this
22grace period wishes to vote at the first election or primary
23occurring after the grace period, he or she must do so by grace
24period voting, either in person in the office of the election
25authority or at a location specifically designated for this

 

 

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1purpose by the election authority, or by mail, at the
2discretion of the election authority. Grace period voting shall
3be in a manner substantially similar to voting under Article
419.
5    Within one day after a voter casts a grace period ballot,
6the election authority shall transmit the voter's name, street
7address, and precinct, ward, township, and district numbers, as
8the case may be, to the State Board of Elections, which shall
9maintain those names and that information in an electronic
10format on its website, arranged by county and accessible to
11State and local political committees. The name of each person
12issued a grace period ballot shall also be placed on the
13appropriate precinct list of persons to whom absentee and early
14ballots have been issued, for use as provided in Sections 17-9
15and 18-5.
16    A person who casts a grace period ballot shall not be
17permitted to revoke that ballot and vote another ballot with
18respect to that primary or election. Ballots cast by persons
19who register or change address during the grace period must be
20transmitted to and counted at the election authority's central
21ballot counting location and shall not be transmitted to and
22counted at precinct polling places. The grace period ballots
23determined to be valid shall be added to the vote totals for
24the precincts for which they were cast in the order in which
25the ballots were opened.
26(Source: P.A. 96-441, eff. 1-1-10.)
 

 

 

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1    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
2    Sec. 9-1.8. Political committees.
3    (a) "Political committee" includes a candidate political
4committee, a political party committee, a political action
5committee, and a ballot initiative committee, and an
6independent expenditure committee.
7    (b) "Candidate political committee" means the candidate
8himself or herself or any natural person, trust, partnership,
9corporation, or other organization or group of persons
10designated by the candidate that accepts contributions or makes
11expenditures during any 12-month period in an aggregate amount
12exceeding $3,000 on behalf of the candidate.
13    (c) "Political party committee" means the State central
14committee of a political party, a county central committee of a
15political party, a legislative caucus committee, or a committee
16formed by a ward or township committeeman of a political party.
17For purposes of this Article, a "legislative caucus committee"
18means a committee established for the purpose of electing
19candidates to the General Assembly by the person elected
20President of the Senate, Minority Leader of the Senate, Speaker
21of the House of Representatives, Minority Leader of the House
22of Representatives, or a committee established by 5 or more
23members of the same caucus of the Senate or 10 or more members
24of the same caucus of the House of Representatives.
25    (d) "Political action committee" means any natural person,

 

 

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1trust, partnership, committee, association, corporation, or
2other organization or group of persons, other than a candidate,
3political party, candidate political committee, or political
4party committee, that accepts contributions or makes
5expenditures during any 12-month period in an aggregate amount
6exceeding $3,000 on behalf of or in opposition to a candidate
7or candidates for public office. "Political action committee"
8includes any natural person, trust, partnership, committee,
9association, corporation, or other organization or group of
10persons, other than a candidate, political party, candidate
11political committee, or political party committee, that makes
12electioneering communications during any 12-month period in an
13aggregate amount exceeding $3,000 related to any candidate or
14candidates for public office.
15    (e) "Ballot initiative committee" means any natural
16person, trust, partnership, committee, association,
17corporation, or other organization or group of persons that
18accepts contributions or makes expenditures during any
1912-month period in an aggregate amount exceeding $3,000 in
20support of or in opposition to any question of public policy to
21be submitted to the electors. "Ballot initiative committee"
22includes any natural person, trust, partnership, committee,
23association, corporation, or other organization or group of
24persons that makes electioneering communications during any
2512-month period in an aggregate amount exceeding $3,000 related
26to any question of public policy to be submitted to the voters.

 

 

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1The $3,000 threshold applies to any contributions or
2expenditures received or made with the purpose of securing a
3place on the ballot for, advocating the defeat or passage of,
4or engaging in electioneering communication regarding the
5question of public policy, regardless of the method of
6initiation of the question of public policy and regardless of
7whether petitions have been circulated or filed with the
8appropriate office or whether the question has been adopted and
9certified by the governing body.
10    (f) "Independent expenditure committee" means any trust,
11partnership, committee, association, corporation, or other
12organization or group of persons formed for the exclusive
13purpose of making independent expenditures during any 12-month
14period in an aggregate amount exceeding $3,000 in support of or
15in opposition to (i) the nomination for election, election,
16retention, or defeat of any public official or candidate or
17(ii) any question of public policy to be submitted to the
18electors. "Independent expenditure committee" also includes
19any trust, partnership, committee, association, corporation,
20or other organization or group of persons that makes
21electioneering communications that are not made in connection,
22consultation, or concert with or at the request or suggestion
23of a public official or candidate, a public official's or
24candidate's designated political committee or campaign, or an
25agent or agents of the public official, candidate, or political
26committee or campaign during any 12-month period in an

 

 

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1aggregate amount exceeding $3,000 related to (i) the nomination
2for election, election, retention, or defeat of any public
3official or candidate or (ii) any question of public policy to
4be submitted to the voters.
5(Source: P.A. 95-963, eff. 1-1-09; 96-832, eff. 1-1-11.)
 
6    (10 ILCS 5/9-1.9)   (from Ch. 46, par. 9-1.9)
7    Sec. 9-1.9. Election cycle. "Election cycle" means any of
8the following:
9    (1) For a candidate political committee organized to
10support a candidate to be elected at a general primary election
11or general election, (i) the period beginning January 1
12following the general election for the office to which a
13candidate seeks nomination or election and ending on the day of
14the general primary election for that office or (ii) the period
15beginning the day after a general primary election for the
16office to which the candidate seeks nomination or election and
17through December 31 following the general election.
18    (2) Notwithstanding paragraph (1), for a candidate
19political committee organized to support a candidate for the
20General Assembly, (i) the period beginning January 1 following
21a general election and ending on the day of the next general
22primary election or (ii) the period beginning the day after the
23general primary election and ending on December 31 following a
24general election.
25    (3) For a candidate political committee organized to

 

 

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1support a candidate for a retention election, (i) the period
2beginning January 1 following the general election at which the
3candidate was elected through the day the candidate files a
4declaration of intent to seek retention or (ii) the period
5beginning the day after the candidate files a declaration of
6intent to seek retention through December 31 following the
7retention election.
8    (4) For a candidate political committee organized to
9support a candidate to be elected at a consolidated primary
10election or consolidated election, (i) the period beginning
11July 1 following a consolidated election and ending on the day
12of the consolidated primary election or (ii) the period
13beginning the day after the consolidated primary election and
14ending on June 30 following a consolidated election.
15    (5) For a political party committee, political action
16committee, or ballot initiative committee, or independent
17expenditure committee, the period beginning on January 1 and
18ending on December 31 of each calendar year.
19(Source: P.A. 96-832, eff. 1-1-11.)
 
20    (10 ILCS 5/9-1.15)
21    Sec. 9-1.15. Independent expenditure. "Independent
22expenditure" means any payment, gift, donation, or expenditure
23of funds (i) by a natural person or political committee for the
24purpose of making electioneering communications or of
25expressly advocating for or against the nomination for

 

 

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1election, election, retention, or defeat of a clearly
2identifiable public official or candidate or for or against any
3question of public policy to be submitted to the voters and
4(ii) that is not made in connection, consultation, or concert
5with or at the request or suggestion of the public official or
6candidate, the public official's or candidate's designated
7political committee or campaign, or the agent or agents of the
8public official, candidate, or political committee or
9campaign.
10(Source: P.A. 96-832, eff. 7-1-10.)
 
11    (10 ILCS 5/9-2)  (from Ch. 46, par. 9-2)
12    Sec. 9-2. Political committee designations.
13    (a) Every political committee shall be designated as a (i)
14candidate political committee, (ii) political party committee,
15(iii) political action committee, or (iv) ballot initiative
16committee, or (v) independent expenditure committee.
17    (b) Beginning January 1, 2011, no public official or
18candidate for public office may maintain or establish more than
19one candidate political committee for each office that public
20official or candidate holds or is seeking. The name of each
21candidate political committee shall identify the name of the
22public official or candidate supported by the candidate
23political committee. If a candidate establishes separate
24candidate political committees for each public office, the name
25of each candidate political committee shall also include the

 

 

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1public office to which the candidate seeks nomination for
2election, election, or retention. If a candidate establishes
3one candidate political committee for multiple offices elected
4at different elections, then the candidate shall designate an
5election cycle, as defined in Section 9-1.9, for purposes of
6contribution limitations and reporting requirements set forth
7in this Article. No political committee, other than a candidate
8political committee, may include the name of a candidate in its
9name.
10    (c) Beginning January 1, 2011, no State central committee
11of a political party, county central committee of a political
12party, committee formed by a ward or township committeeman, or
13committee established for the purpose of electing candidates to
14the General Assembly may maintain or establish more than one
15political party committee. The name of the committee must
16include the name of the political party.
17    (d) Beginning January 1, 2011, no natural person, trust,
18partnership, committee, association, corporation, or other
19organization or group of persons forming a political action
20committee shall maintain or establish more than one political
21action committee. The name of a political action committee must
22include the name of the entity forming the committee. This
23subsection does not apply to independent expenditure
24committees.
25    (e) Beginning January 1, 2011, the name of a ballot
26initiative committee must include words describing the

 

 

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1question of public policy and whether the group supports or
2opposes the question.
3    (f) Every political committee shall designate a chairman
4and a treasurer. The same person may serve as both chairman and
5treasurer of any political committee. A candidate who
6administers his own campaign contributions and expenditures
7shall be deemed a political committee for purposes of this
8Article and shall designate himself as chairman, treasurer, or
9both chairman and treasurer of such political committee. The
10treasurer of a political committee shall be responsible for
11keeping the records and filing the statements and reports
12required by this Article.
13    (g) No contribution and no expenditure shall be accepted or
14made by or on behalf of a political committee at a time when
15there is a vacancy in the office of chairman or treasurer
16thereof. No expenditure shall be made for or on behalf of a
17political committee without the authorization of its chairman
18or treasurer, or their designated agents.
19    (h) For purposes of implementing the changes made by this
20amendatory Act of the 96th General Assembly, every political
21committee in existence on the effective date of this amendatory
22Act of the 96th General Assembly shall make the designation
23required by this Section by December 31, 2010.
24(Source: P.A. 96-832, eff. 7-1-10.)
 
25    (10 ILCS 5/9-3)  (from Ch. 46, par. 9-3)

 

 

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1    Sec. 9-3. Political committee statement of organization.
2    (a) Every political committee shall file with the State
3Board of Elections a statement of organization within 10
4business days of the creation of such committee, except any
5political committee created within the 30 days before an
6election shall file a statement of organization within 2
7business days in person, by facsimile transmission, or by
8electronic mail. Any change in information previously
9submitted in a statement of organization shall be reported, as
10required for the original statement of organization by this
11Section, within 10 days following that change. A political
12committee that acts as both a state political committee and a
13local political committee shall file a copy of each statement
14of organization with the State Board of Elections and the
15county clerk. The Board shall impose a civil penalty of $50 per
16business day upon political committees for failing to file or
17late filing of a statement of organization. Such penalties
18shall not exceed $5,000, and shall not exceed $10,000 for
19statewide office political committees. There shall be no fine
20if the statement is mailed and postmarked at least 72 hours
21prior to the filing deadline.
22    In addition to the civil penalties authorized by this
23Section, the State Board of Elections or any other political
24committee may apply to the circuit court for a temporary
25restraining order or a preliminary or permanent injunction
26against the political committee to cease the expenditure of

 

 

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1funds and to cease operations until the statement of
2organization is filed.
3    For the purpose of this Section, "statewide office" means
4the Governor, Lieutenant Governor, Secretary of State,
5Attorney General, State Treasurer, and State Comptroller.
6    (b) The statement of organization shall include:
7        (1) the name and address of the political committee and
8    the designation required by Section 9-2;
9        (2) the scope, area of activity, party affiliation, and
10    purposes of the political committee;
11        (3) the name, address, and position of each custodian
12    of the committee's books and accounts;
13        (4) the name, address, and position of the committee's
14    principal officers, including the chairman, treasurer, and
15    officers and members of its finance committee, if any;
16        (5) the name and address of any sponsoring entity;
17        (6) a statement of what specific disposition of
18    residual fund will be made in the event of the dissolution
19    or termination of the committee;
20        (7) a listing of all banks or other financial
21    institutions, safety deposit boxes, and any other
22    repositories or custodians of funds used by the committee;
23    and
24        (8) the amount of funds available for campaign
25    expenditures as of the filing date of the committee's
26    statement of organization.

 

 

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1    For purposes of this Section, a "sponsoring entity" is (i)
2any person, organization, corporation, or association that
3contributes at least 33% of the total funding of the political
4committee or (ii) any person or other entity that is registered
5or is required to register under the Lobbyist Registration Act
6and contributes at least 33% of the total funding of the
7political committee.
8    (c) Each statement of organization required to be filed in
9accordance with this Section shall be verified, dated, and
10signed by either the treasurer of the political committee
11making the statement or the candidate on whose behalf the
12statement is made and shall contain substantially the following
13verification:
14
"VERIFICATION:
15    I declare that this statement of organization (including
16any accompanying schedules and statements) has been examined by
17me and, to the best of my knowledge and belief, is a true,
18correct, and complete statement of organization as required by
19Article 9 of the Election Code. I understand that willfully
20filing a false or incomplete statement is subject to a civil
21penalty of at least $1,001 and up to $5,000.
22................  ..........................................
23(date of filing) (signature of person making the statement)". 
24    (d) The statement of organization for a ballot initiative
25committee also shall include a verification signed by the
26chairperson of the committee that (i) the committee is formed

 

 

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1for the purpose of supporting or opposing a question of public
2policy, (ii) all contributions and expenditures of the
3committee will be used for the purpose described in the
4statement of organization, (iii) the committee may accept
5unlimited contributions from any source, provided that the
6ballot initiative committee does not make contributions or
7expenditures in support of or opposition to a candidate or
8candidates for nomination for election, election, or
9retention, and (iv) failure to abide by these requirements
10shall deem the committee in violation of this Article.
11    (d-5) The statement of organization for an independent
12expenditure committee also shall include a verification signed
13by the chairperson of the committee that (i) the committee is
14formed for the exclusive purpose of making independent
15expenditures, (ii) all contributions and expenditures of the
16committee will be used for the purpose described in the
17statement of organization, (iii) the committee may accept
18unlimited contributions from any source, provided that the
19independent expenditure committee does not make contributions
20to any candidate political committee, political party
21committee, or political action committee, and (iv) failure to
22abide by these requirements shall deem the committee in
23violation of this Article.
24    (e) For purposes of implementing the changes made by this
25amendatory Act of the 96th General Assembly, every political
26committee in existence on the effective date of this amendatory

 

 

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1Act of the 96th General Assembly shall file the statement
2required by this Section with the Board by December 31, 2010.
3(Source: P.A. 96-832, eff. 7-1-10.)
 
4    (10 ILCS 5/9-7)  (from Ch. 46, par. 9-7)
5    Sec. 9-7. Records and accounts.
6    (1) Except as provided in subsection (2), the The treasurer
7of a political committee shall keep a detailed and exact
8account of-
9        (a) the total of all contributions made to or for the
10    committee;
11        (b) the full name and mailing address of every person
12    making a contribution and the date and amount thereof;
13        (c) the total of all expenditures made by or on behalf
14    of the committee;
15        (d) the full name and mailing address of every person
16    to whom any expenditure is made, and the date and amount
17    thereof;
18        (e) proof of payment, stating the particulars, for
19    every expenditure made by or on behalf of the committee.
20    The treasurer shall preserve all records and accounts
21required by this section for a period of 2 years.
22    (2) The treasurer of a political committee shall keep a
23detailed and exact account of the total amount of contributions
24made to or for a committee at an event licensed under Section
258.1 of the Raffles Act. For an event licensed under Section

 

 

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18.1, the treasurer is not required to keep a detailed and exact
2account of the full name and mailing address of a person who
3purchases tickets at the event in an amount that does not
4exceed $150.
5(Source: P.A. 96-832, eff. 1-1-11.)
 
6    (10 ILCS 5/9-8.5)
7    Sec. 9-8.5. Limitations on campaign contributions.
8    (a) It is unlawful for a political committee to accept
9contributions except as provided in this Section.
10    (b) During an election cycle, a candidate political
11committee may not accept contributions with an aggregate value
12over the following: (i) $5,000 from any individual, (ii)
13$10,000 from any corporation, labor organization, or
14association, or (iii) $50,000 from a candidate political
15committee or political action committee. A candidate political
16committee may accept contributions in any amount from a
17political party committee except during an election cycle in
18which the candidate seeks nomination at a primary election.
19During an election cycle in which the candidate seeks
20nomination at a primary election, a candidate political
21committee may not accept contributions from political party
22committees with an aggregate value over the following: (i)
23$200,000 for a candidate political committee established to
24support a candidate seeking nomination to statewide office,
25(ii) $125,000 for a candidate political committee established

 

 

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1to support a candidate seeking nomination to the Senate, the
2Supreme Court or Appellate Court in the First Judicial
3District, or an office elected by all voters in a county with
41,000,000 or more residents, (iii) $75,000 for a candidate
5political committee established to support a candidate seeking
6nomination to the House of Representatives, the Supreme Court
7or Appellate Court for a Judicial District other than the First
8Judicial District, an office elected by all voters of a county
9of fewer than 1,000,000 residents, and municipal and county
10offices in Cook County other than those elected by all voters
11of Cook County, and (iv) $50,000 for a candidate political
12committee established to support the nomination of a candidate
13to any other office. A candidate political committee
14established to elect a candidate to the General Assembly may
15accept contributions from only one legislative caucus
16committee. A candidate political committee may not accept
17contributions from a ballot initiative committee or from an
18independent expenditure committee.
19    (c) During an election cycle, a political party committee
20may not accept contributions with an aggregate value over the
21following: (i) $10,000 from any individual, (ii) $20,000 from
22any corporation, labor organization, or association, or (iii)
23$50,000 from a political action committee. A political party
24committee may accept contributions in any amount from another
25political party committee or a candidate political committee,
26except as provided in subsection (c-5). Nothing in this Section

 

 

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1shall limit the amounts that may be transferred between a State
2political party committee established under subsection (a) of
3Section 7-8 of this Code and an affiliated federal political
4committee established under the Federal Election Code by the
5same political party. A political party committee may not
6accept contributions from a ballot initiative committee or from
7an independent expenditure committee. A political party
8committee established by a legislative caucus may not accept
9contributions from another political party committee
10established by a legislative caucus.
11    (c-5) During the period beginning on the date candidates
12may begin circulating petitions for a primary election and
13ending on the day of the primary election, a political party
14committee may not accept contributions with an aggregate value
15over $50,000 from a candidate political committee or political
16party committee. A political party committee may accept
17contributions in any amount from a candidate political
18committee or political party committee if the political party
19committee receiving the contribution filed a statement of
20nonparticipation in the primary as provided in subsection
21(c-10). The Task Force on Campaign Finance Reform shall study
22and make recommendations on the provisions of this subsection
23to the Governor and General Assembly by September 30, 2012.
24This subsection becomes inoperative on July 1, 2013 and
25thereafter no longer applies.
26    (c-10) A political party committee that does not intend to

 

 

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1make contributions to candidates to be nominated at a general
2primary election or consolidated primary election may file a
3Statement of Nonparticipation in a Primary Election with the
4Board. The Statement of Nonparticipation shall include a
5verification signed by the chairperson and treasurer of the
6committee that (i) the committee will not make contributions or
7coordinated expenditures in support of or opposition to a
8candidate or candidates to be nominated at the general primary
9election or consolidated primary election (select one) to be
10held on (insert date), (ii) the political party committee may
11accept unlimited contributions from candidate political
12committees and political party committees, provided that the
13political party committee does not make contributions to a
14candidate or candidates to be nominated at the primary
15election, and (iii) failure to abide by these requirements
16shall deem the political party committee in violation of this
17Article and subject the committee to a fine of no more than
18150% of the total contributions or coordinated expenditures
19made by the committee in violation of this Article. This
20subsection becomes inoperative on July 1, 2013 and thereafter
21no longer applies.
22    (d) During an election cycle, a political action committee
23may not accept contributions with an aggregate value over the
24following: (i) $10,000 from any individual, (ii) $20,000 from
25any corporation, labor organization, political party
26committee, or association, or (iii) $50,000 from a political

 

 

SB3722 Enrolled- 25 -LRB097 17968 PJG 63191 b

1action committee or candidate political committee. A political
2action committee may not accept contributions from a ballot
3initiative committee or from an independent expenditure
4committee.
5    (e) A ballot initiative committee may accept contributions
6in any amount from any source, provided that the committee
7files the document required by Section 9-3 of this Article and
8files the disclosure reports required by the provisions of this
9Article.
10    (e-5) An independent expenditure committee may accept
11contributions in any amount from any source, provided that the
12committee files the document required by Section 9-3 of this
13Article and files the disclosure reports required by the
14provisions of this Article.
15    (f) Nothing in this Section shall prohibit a political
16committee from dividing the proceeds of joint fundraising
17efforts; provided that no political committee may receive more
18than the limit from any one contributor, and provided that an
19independent expenditure committee may not conduct joint
20fundraising efforts with a candidate political committee or a
21political party committee.
22    (g) On January 1 of each odd-numbered year, the State Board
23of Elections shall adjust the amounts of the contribution
24limitations established in this Section for inflation as
25determined by the Consumer Price Index for All Urban Consumers
26as issued by the United States Department of Labor and rounded

 

 

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1to the nearest $100. The State Board shall publish this
2information on its official website.
3    (h) Self-funding candidates. If a public official, a
4candidate, or the public official's or candidate's immediate
5family contributes or loans to the public official's or
6candidate's political committee or to other political
7committees that transfer funds to the public official's or
8candidate's political committee or makes independent
9expenditures for the benefit of the public official's or
10candidate's campaign during the 12 months prior to an election
11in an aggregate amount of more than (i) $250,000 for statewide
12office or (ii) $100,000 for all other elective offices, then
13the public official or candidate shall file with the State
14Board of Elections, within one day, a Notification of
15Self-funding that shall detail each contribution or loan made
16by the public official, the candidate, or the public official's
17or candidate's immediate family. Within 2 business days after
18the filing of a Notification of Self-funding, the notification
19shall be posted on the Board's website and the Board shall give
20official notice of the filing to each candidate for the same
21office as the public official or candidate making the filing,
22including the public official or candidate filing the
23Notification of Self-funding. Upon receiving notice from the
24Board, all candidates for that office, including the public
25official or candidate who filed a Notification of Self-funding,
26shall be permitted to accept contributions in excess of any

 

 

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1contribution limits imposed by subsection (b). For the purposes
2of this subsection, "immediate family" means the spouse,
3parent, or child of a public official or candidate.
4    (h-5) If a natural person or independent expenditure
5committee makes independent expenditures in support of or in
6opposition to the campaign of a particular public official or
7candidate in an aggregate amount of more than (i) $250,000 for
8statewide office or (ii) $100,000 for all other elective
9offices in an election cycle, as reported in a written
10disclosure filed under subsection (a) of Section 9-8.6 or
11subsection (e-5) of Section 9-10, then the State Board of
12Elections shall, within 2 business days after the filing of the
13disclosure, post the disclosure on the Board's website and give
14official notice of the disclosure to each candidate for the
15same office as the public official or candidate for whose
16benefit the natural person or independent expenditure
17committee made independent expenditures. Upon receiving notice
18from the Board, all candidates for that office in that
19election, including the public official or candidate for whose
20benefit the natural person or independent expenditure
21committee made independent expenditures, shall be permitted to
22accept contributions in excess of any contribution limits
23imposed by subsection (b). The Campaign Finance Task Force
24shall submit a report to the Governor and General Assembly no
25later than February 1, 2013. The report shall examine and make
26recommendations regarding the provisions in this subsection

 

 

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1including, but not limited to, case law concerning independent
2expenditures, the manner in which independent expenditures are
3handled in the other states and at the federal level,
4independent expenditures made in Illinois during the 2012
5general primary and, separately, the 2012 general election, and
6independent expenditures made at the federal level during the
72012 general election. The Task Force shall conduct at least 2
8public hearings regarding independent expenditures.
9    (i) For the purposes of this Section, a corporation, labor
10organization, association, or a political action committee
11established by a corporation, labor organization, or
12association may act as a conduit in facilitating the delivery
13to a political action committee of contributions made through
14dues, levies, or similar assessments and the political action
15committee may report the contributions in the aggregate,
16provided that: (i) contributions made through the dues, levies,
17or similar assessments paid by any natural person, corporation,
18labor organization, or association in a calendar year may not
19exceed the limits set forth in this Section; and (ii) the
20corporation, labor organization, association, or a political
21action committee established by a corporation, labor
22organization, or association facilitating the delivery of
23contributions maintains a list of natural persons,
24corporations, labor organizations, and associations that paid
25the dues, levies, or similar assessments from which the
26contributions comprising the aggregate amount derive; and

 

 

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1(iii) contributions made through dues, levies, or similar
2assessments paid by any natural person, corporation, labor
3organization, or association that exceed $500 in a quarterly
4reporting period shall be itemized on the committee's quarterly
5report and may not be reported in the aggregate. A political
6action committee facilitating the delivery of contributions or
7receiving contributions shall disclose the amount of
8contributions made through dues delivered or received and the
9name of the corporation, labor organization, association, or
10political action committee delivering the contributions, if
11applicable. On January 1 of each odd-numbered year, the State
12Board of Elections shall adjust the amounts of the contribution
13limitations established in this subsection for inflation as
14determined by the Consumer Price Index for All Urban Consumers
15as issued by the United States Department of Labor and rounded
16to the nearest $100. The State Board shall publish this
17information on its official website.
18    (j) A political committee that receives a contribution or
19transfer in violation of this Section shall dispose of the
20contribution or transfer by returning the contribution or
21transfer, or an amount equal to the contribution or transfer,
22to the contributor or transferor or donating the contribution
23or transfer, or an amount equal to the contribution or
24transfer, to a charity. A contribution or transfer received in
25violation of this Section that is not disposed of as provided
26in this subsection within 30 15 days after the Board sends

 

 

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1notification to the political committee of the excess
2contribution by certified mail its receipt shall escheat to the
3General Revenue Fund and the political committee shall be
4deemed in violation of this Section and subject to a civil
5penalty not to exceed 150% of the total amount of the
6contribution.
7    (k) For the purposes of this Section, "statewide office"
8means the Governor, Lieutenant Governor, Attorney General,
9Secretary of State, Comptroller, and Treasurer.
10    (l) This Section is repealed if and when the United States
11Supreme Court invalidates contribution limits on committees
12formed to assist candidates, political parties, corporations,
13associations, or labor organizations established by or
14pursuant to federal law.
15(Source: P.A. 96-832, eff. 1-1-11.)
 
16    (10 ILCS 5/9-8.6)
17    Sec. 9-8.6. Independent expenditures.
18    (a) An independent expenditure is not considered a
19contribution to a political committee. An expenditure made by a
20natural person or political committee for an electioneering
21communication in connection, consultation, or concert with or
22at the request or suggestion of the public official or
23candidate, the public official's or candidate's candidate
24political committee, or the agent or agents of the public
25official, candidate, or political committee or campaign shall

 

 

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1not be considered an independent expenditure but rather shall
2be considered a contribution to the public official's or
3candidate's candidate political committee.
4    A natural person who makes an independent expenditure
5supporting or opposing a public official or candidate that,
6alone or in combination with any other independent expenditure
7made by that natural person supporting or opposing that public
8official or candidate during any 12-month period, equals an
9aggregate value of at least $3,000 must file a written
10disclosure with the State Board of Elections within 2 business
11days after making any expenditure that results in the natural
12person meeting or exceeding the $3,000 threshold. A natural
13person who has made a written disclosure with the State Board
14of Elections shall have a continuing obligation to report
15further expenditures in relation to the same election, in
16$1,000 increments, to the State Board until the conclusion of
17that election. A natural person who makes an independent
18expenditure supporting or opposing a public official or
19candidate that, alone or in combination with any other
20independent expenditure made by that natural person supporting
21or opposing that public official or candidate during the
22election cycle, equals an aggregate value of more than (i)
23$250,000 for statewide office or (ii) $100,000 for all other
24elective offices must file a written disclosure with the State
25Board of Elections within 2 business days after making any
26expenditure that results in the natural person exceeding the

 

 

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1applicable threshold. Each disclosure must identify the
2natural person, the public official or candidate supported or
3opposed, the date, amount, and nature of each independent
4expenditure, and the natural person's occupation and employer.
5    (b) Any entity other than a natural person that makes
6expenditures of any kind in an aggregate amount exceeding
7$3,000 during any 12-month period supporting or opposing a
8public official or candidate must organize as a political
9committee in accordance with this Article.
10    (c) Every political committee that makes independent
11expenditures must report all such independent expenditures as
12required under Section 9-10 of this Article.
13    (d) In the event that a political committee organized as an
14independent expenditure committee makes a contribution to any
15other political committee other than another independent
16expenditure committee or a ballot initiative committee, the
17State Board shall assess a fine equal to the amount of any
18contribution received in the preceding 2 years by the
19independent expenditure committee that exceeded the limits for
20a political action committee set forth in subsection (d) of
21Section 9-8.5.
22(Source: P.A. 96-832, eff. 7-1-10.)
 
23    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
24    Sec. 9-10. Disclosure of contributions and expenditures.
25    (a) The treasurer of every political committee shall file

 

 

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1with the Board reports of campaign contributions and
2expenditures as required by this Section on forms to be
3prescribed or approved by the Board.
4    (b) Every political committee shall file quarterly reports
5of campaign contributions, expenditures, and independent
6expenditures. The reports shall cover the period January 1
7through March 31, April 1 through June 30, July 1 through
8September 30, and October 1 through December 31 of each year. A
9political committee shall file quarterly reports no later than
10the 15th day of the month following each period. Reports of
11contributions and expenditures must be filed to cover the
12prescribed time periods even though no contributions or
13expenditures may have been received or made during the period.
14The Board shall assess a civil penalty not to exceed $5,000 for
15failure to file a report required by this subsection. The fine,
16however, shall not exceed $1,000 for a first violation if the
17committee files less than 10 days after the deadline. There
18shall be no fine if the report is mailed and postmarked at
19least 72 hours prior to the filing deadline. When considering
20the amount of the fine to be imposed, the Board shall consider
21whether the violation was committed inadvertently,
22negligently, knowingly, or intentionally and any past
23violations of this Section.
24    (c) A political committee shall file a report of any
25contribution of $1,000 or more electronically with the Board
26within 5 business days after receipt of the contribution,

 

 

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1except that the report shall be filed within 2 business days
2after receipt if (i) the contribution is received 30 or fewer
3days before the date of an election and (ii) the political
4committee supports or opposes a candidate or public question on
5the ballot at that election or makes expenditures in excess of
6$500 on behalf of or in opposition to a candidate, candidates,
7a public question, or public questions on the ballot at that
8election. The State Board shall allow filings of reports of
9contributions of $1,000 or more by political committees that
10are not required to file electronically to be made by facsimile
11transmission. The Board shall assess a civil penalty for
12failure to file a report required by this subsection. Failure
13to report each contribution is a separate violation of this
14subsection. The Board shall impose fines for willful or wanton
15violations of this subsection (c) not to exceed 150% of the
16total amount of the contributions that were untimely reported,
17but in no case shall it be less than 10% of the total amount of
18the contributions that were untimely reported. When
19considering the amount of the fine to be imposed for willful or
20wanton violations, the Board shall consider the number of days
21the contribution was reported late and past violations of this
22Section and Section 9-3. The Board may impose a fine for
23negligent or inadvertent violations of this subsection not to
24exceed 50% of the total amount of the contributions that were
25untimely reported, or the Board may waive the fine. When
26considering whether to impose a fine and the amount of the

 

 

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1fine, the Board shall consider the following factors: (1)
2whether the political committee made an attempt to disclose the
3contribution and any attempts made to correct the violation,
4(2) whether the violation is attributed to a clerical or
5computer error, (3) the amount of the contribution, (4) whether
6the violation arose from a discrepancy between the date the
7contribution was reported transferred by a political committee
8and the date the contribution was received by a political
9committee, (5) the number of days the contribution was reported
10late, and (6) past violations of this Section and Section 9-3
11by the political committee.
12    (d) For the purpose of this Section, a contribution is
13considered received on the date (i) a monetary contribution was
14deposited in a bank, financial institution, or other repository
15of funds for the committee, (ii) the date a committee receives
16notice a monetary contribution was deposited by an entity used
17to process financial transactions by credit card or other
18entity used for processing a monetary contribution that was
19deposited in a bank, financial institution, or other repository
20of funds for the committee, or (iii) the public official,
21candidate, or political committee receives the notification of
22contribution of goods or services as required under subsection
23(b) of Section 9-6.
24    (e) A political committee that makes independent
25expenditures of $1,000 or more during the period 30 days or
26fewer before an election shall electronically file a report

 

 

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1with the Board within 5 business days after making the
2independent expenditure. The report shall contain the
3information required in Section 9-11(c) of this Article.
4    (e-5) An independent expenditure committee that makes an
5independent expenditure supporting or opposing a public
6official or candidate that, alone or in combination with any
7other independent expenditure made by that independent
8expenditure committee supporting or opposing that public
9official or candidate during the election cycle, equals an
10aggregate value of more than (i) $250,000 for statewide office
11or (ii) $100,000 for all other elective offices must file a
12written disclosure with the State Board of Elections within 2
13business days after making any expenditure that results in the
14independent expenditure committee exceeding the applicable
15threshold. The Board shall assess a civil penalty against an
16independent expenditure committee for failure to file the
17disclosure required by this subsection not to exceed (i) $500
18for an initial failure to file the required disclosure and (ii)
19$1,000 for each subsequent failure to file the required
20disclosure.
21    (f) A copy of each report or statement filed under this
22Article shall be preserved by the person filing it for a period
23of two years from the date of filing.
24(Source: P.A. 95-6, eff. 6-20-07; 95-957, eff. 1-1-09; 96-832,
25eff. 1-1-11.)
 

 

 

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1    (10 ILCS 5/9-15)  (from Ch. 46, par. 9-15)
2    Sec. 9-15. It shall be the duty of the Board-
3        (1) to develop prescribed forms for filing statements
4    of organization and required reports;
5        (2) to prepare, publish, and furnish to the appropriate
6    persons a manual of instructions setting forth recommended
7    uniform methods of bookkeeping and reporting under this
8    Article;
9        (3) to prescribe suitable rules and regulations to
10    carry out the provisions of this Article. Such rules and
11    regulations shall be published and made available to the
12    public;
13        (4) to send by first class mail, after the general
14    primary election in even numbered years, to the chairman of
15    each regularly constituted State central committee, county
16    central committee and, in counties with a population of
17    more than 3,000,000, to the committeemen of each township
18    and ward organization of each political party notice of
19    their obligations under this Article, along with a form for
20    filing the statement of organization;
21        (5) to promptly make all reports and statements filed
22    under this Article available for public inspection and
23    copying no later than 2 business days after their receipt
24    and to permit copying of any such report or statement at
25    the expense of the person requesting the copy;
26        (6) to develop a filing, coding, and cross-indexing

 

 

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1    system consistent with the purposes of this Article;
2        (7) to compile and maintain a list of all statements or
3    parts of statements pertaining to each candidate;
4        (8) to prepare and publish such reports as the Board
5    may deem appropriate; and
6        (9) to annually notify each political committee that
7    has filed a statement of organization with the Board of the
8    filing dates for each quarterly report, provided that such
9    notification shall be made by first-class mail unless the
10    political committee opts to receive notification
11    electronically via email; and .
12        (10) to promptly send, by first class mail directed
13    only to the officers of a political committee, and by
14    certified mail to the address of the political committee,
15    written notice of any fine or penalty assessed or imposed
16    against the political committee under this Article.
17(Source: P.A. 96-1263, eff. 1-1-11.)
 
18    (10 ILCS 5/9-28.5)
19    Sec. 9-28.5. Injunctive relief for electioneering
20communications.
21    (a) Whenever the Attorney General, or a State's Attorney
22with jurisdiction over any portion of the relevant electorate,
23believes that any person, as defined in Section 9-1.6, is
24making, producing, publishing, republishing, or broadcasting
25an electioneering communication paid for by any person, as

 

 

SB3722 Enrolled- 39 -LRB097 17968 PJG 63191 b

1defined in Section 9-1.6, who has not first complied with the
2registration and disclosure requirements of this Article, he or
3she may bring an action in the name of the People of the State
4of Illinois or, in the case of a State's Attorney, the People
5of the County, against such person or persons to restrain by
6preliminary or permanent injunction the making, producing,
7publishing, republishing, or broadcasting of such
8electioneering communication until the registration and
9disclosure requirements have been met.
10    (b) Any political committee that believes any person, as
11defined in Section 9-1.6, is making, producing, publishing,
12republishing, or broadcasting an electioneering communication
13paid for by any person, as defined in Section 9-1.6, who has
14not first complied with the registration and disclosure
15requirements of this Article may bring an action in the circuit
16court against such person or persons to restrain by preliminary
17or permanent injunction the making, producing, publishing,
18republishing, or broadcasting of such electioneering
19communication until the registration and disclosure
20requirements have been met.
21    (c) Whenever the Attorney General, or a State's Attorney
22with jurisdiction over any portion of the relevant electorate,
23believes that any person, as defined in Section 9-1.6, is
24engaging in independent expenditures, as defined in this
25Article, who has not first complied with the registration and
26disclosure requirements of this Article, he or she may bring an

 

 

SB3722 Enrolled- 40 -LRB097 17968 PJG 63191 b

1action in the name of the People of the State of Illinois or,
2in the case of a State's Attorney, the People of the County,
3against such person or persons to restrain by preliminary or
4permanent injunction the making of such expenditures until the
5registration and disclosure requirements have been met.
6    (d) Any political committee that believes any person, as
7defined in Section 9-1.6, is engaging in independent
8expenditures, as defined in this Article, who has not first
9complied with the registration and disclosure requirements of
10this Article may bring an action in the circuit court against
11such person or persons to restrain by preliminary or permanent
12injunction the making of independent expenditures until the
13registration and disclosure requirements have been met.
14(Source: P.A. 96-832, eff. 7-1-10.)
 
15    (10 ILCS 5/16-6)  (from Ch. 46, par. 16-6)
16    Sec. 16-6. Whenever one or more proposals for amendment of
17the constitution or the calling of a constitutional convention
18or any combination thereof is or are to be voted upon by the
19people, the proposition or propositions for the adoption or
20rejection of such amendment or amendments or convention shall
21be submitted upon a ballot separate from the "Official Ballot"
22containing the names of candidates for State and other offices
23to be voted at such election. Such separate ballot shall be
24printed upon paper of a distinctly blue color and shall, as
25near as may be practicable, be of uniform size and blue color,

 

 

SB3722 Enrolled- 41 -LRB097 17968 PJG 63191 b

1but any variation in the size of such ballots or in the
2tincture of blue employed shall not affect or impair the
3validity thereof. Preceding each proposal to amend the
4constitution shall be printed the brief explanation of the
5amendment, prepared by the General Assembly, or in the case of
6a proposed amendment initiated by petition pursuant to Section
73 of Article XIV of the Constitution of the State of Illinois
8by the principal proponents of the amendment as approved by the
9Attorney General, and immediately below the explanation, the
10proposition shall be printed in substantially the following
11form:
12-------------------------------------------------------------
13       YES         For the proposed amendment -
14----------     to Article ______ (or Section
15       NO       _______ of Article ______) of
16                the Constitution.
17-------------------------------------------------------------
18    In the case of a proposition for the calling of a
19constitutional convention, such proposition shall be printed
20in substantially the following form:
21-------------------------------------------------------------
22       YES            For the calling -
23----------       of a Constitutional
24       NO         Convention.
25-------------------------------------------------------------
26    On the back or outside of the ballot so as to appear when

 

 

SB3722 Enrolled- 42 -LRB097 17968 PJG 63191 b

1folded, shall be printed the words "CONSTITUTION BALLOT",
2followed by the designation of the polling place for which the
3ballot is prepared, the date of the election and a facsimile of
4the signature of the clerk or other officer who has caused the
5ballots to be printed. Immediately above the words
6"CONSTITUTION BALLOT" in the case of a proposition for the
7calling of a constitutional convention or a proposition to
8amend the Constitution the following legend shall be printed in
9bold face type:
10
"NOTICE
11    THE FAILURE TO VOTE THIS BALLOT MAY BE IS THE EQUIVALENT OF
12A NEGATIVE VOTE, BECAUSE A CONVENTION SHALL BE CALLED OR THE
13AMENDMENT SHALL BECOME EFFECTIVE IF APPROVED BY EITHER
14THREE-FIFTHS OF THOSE VOTING ON THE QUESTION OR A MAJORITY OF
15THOSE VOTING IN THE ELECTION. (THIS IS NOT TO BE CONSTRUED AS A
16DIRECTION THAT YOUR VOTE IS REQUIRED TO BE CAST EITHER IN FAVOR
17OF OR IN OPPOSITION TO THE PROPOSITION HEREIN CONTAINED.)
18    WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
19THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
20    Immediately above the words "CONSTITUTION BALLOT" in the
21case of a proposition to amend the Constitution the following
22legend shall be printed in bold face type:
23
"NOTICE
24    WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
25THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH."
26    If a proposition for the calling of a constitutional

 

 

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1convention is submitted at the same election as one or more
2propositions to amend the constitution, the proposition for the
3calling of a constitutional convention shall be printed at the
4top of the ballot. In such case, the back or outside of the
5ballot shall be printed the same as if it were a proposal
6solely to amend the constitution.
7    Where voting machines or electronic voting systems are
8used, the provisions of this Section may be modified as
9required or authorized by Article 24 or Article 24A, whichever
10is applicable.
11(Source: P.A. 81-163.)
 
12    (10 ILCS 5/18A-5)
13    Sec. 18A-5. Provisional voting; general provisions.
14    (a) A person who claims to be a registered voter is
15entitled to cast a provisional ballot under the following
16circumstances:
17        (1) The person's name does not appear on the official
18    list of eligible voters for the precinct in which the
19    person seeks to vote. The official list is the centralized
20    statewide voter registration list established and
21    maintained in accordance with Section 1A-25;
22        (2) The person's voting status has been challenged by
23    an election judge, a pollwatcher, or any legal voter and
24    that challenge has been sustained by a majority of the
25    election judges;

 

 

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1        (3) A federal or State court order extends the time for
2    closing the polls beyond the time period established by
3    State law and the person votes during the extended time
4    period; or
5        (4) The voter registered to vote by mail and is
6    required by law to present identification when voting
7    either in person or by absentee ballot, but fails to do so;
8    .
9        (5) The voter's name appears on the list of voters who
10    voted during the early voting period, but the voter claims
11    not to have voted during the early voting period; or
12        (6) The voter received an absentee ballot but did not
13    return the absentee ballot to the election authority.
14    (b) The procedure for obtaining and casting a provisional
15ballot at the polling place shall be as follows:
16        (1) After first verifying through an examination of the
17    precinct register that the person's address is within the
18    precinct boundaries, an election judge at the polling place
19    shall notify a person who is entitled to cast a provisional
20    ballot pursuant to subsection (a) that he or she may cast a
21    provisional ballot in that election. An election judge must
22    accept any information provided by a person who casts a
23    provisional ballot that the person believes supports his or
24    her claim that he or she is a duly registered voter and
25    qualified to vote in the election. However, if the person's
26    residence address is outside the precinct boundaries, the

 

 

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1    election judge shall inform the person of that fact, give
2    the person the appropriate telephone number of the election
3    authority in order to locate the polling place assigned to
4    serve that address, and instruct the person to go to the
5    proper polling place to vote.
6        (2) The person shall execute a written form provided by
7    the election judge that shall state or contain all of the
8    following that is available:
9        (i) an affidavit stating the following:
10            State of Illinois, County of ................,
11        Township ............., Precinct ........, Ward
12        ........, I, ......................., do solemnly
13        swear (or affirm) that: I am a citizen of the United
14        States; I am 18 years of age or older; I have resided
15        in this State and in this precinct for 30 days
16        preceding this election; I have not voted in this
17        election; I am a duly registered voter in every
18        respect; and I am eligible to vote in this election.
19        Signature ...... Printed Name of Voter ....... Printed
20        Residence Address of Voter ...... City ...... State
21        .... Zip Code ..... Telephone Number ...... Date of
22        Birth ....... and Illinois Driver's License Number
23        ....... or Last 4 digits of Social Security Number
24        ...... or State Identification Card Number issued to
25        you by the Illinois Secretary of State........
26        (ii) A box for the election judge to check one of the 6

 

 

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1    3 reasons why the person was given a provisional ballot
2    under subsection (a) of Section 18A-5.
3        (iii) An area for the election judge to affix his or
4    her signature and to set forth any facts that support or
5    oppose the allegation that the person is not qualified to
6    vote in the precinct in which the person is seeking to
7    vote.
8    The written affidavit form described in this subsection
9(b)(2) must be printed on a multi-part form prescribed by the
10county clerk or board of election commissioners, as the case
11may be.
12    (3) After the person executes the portion of the written
13affidavit described in subsection (b)(2)(i) of this Section,
14the election judge shall complete the portion of the written
15affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
16    (4) The election judge shall give a copy of the completed
17written affidavit to the person. The election judge shall place
18the original written affidavit in a self-adhesive clear plastic
19packing list envelope that must be attached to a separate
20envelope marked as a "provisional ballot envelope". The
21election judge shall also place any information provided by the
22person who casts a provisional ballot in the clear plastic
23packing list envelope. Each county clerk or board of election
24commissioners, as the case may be, must design, obtain or
25procure self-adhesive clear plastic packing list envelopes and
26provisional ballot envelopes that are suitable for

 

 

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1implementing this subsection (b)(4) of this Section.
2    (5) The election judge shall provide the person with a
3provisional ballot, written instructions for casting a
4provisional ballot, and the provisional ballot envelope with
5the clear plastic packing list envelope affixed to it, which
6contains the person's original written affidavit and, if any,
7information provided by the provisional voter to support his or
8her claim that he or she is a duly registered voter. An
9election judge must also give the person written information
10that states that any person who casts a provisional ballot
11shall be able to ascertain, pursuant to guidelines established
12by the State Board of Elections, whether the provisional vote
13was counted in the official canvass of votes for that election
14and, if the provisional vote was not counted, the reason that
15the vote was not counted.
16    (6) After the person has completed marking his or her
17provisional ballot, he or she shall place the marked ballot
18inside of the provisional ballot envelope, close and seal the
19envelope, and return the envelope to an election judge, who
20shall then deposit the sealed provisional ballot envelope into
21a securable container separately identified and utilized for
22containing sealed provisional ballot envelopes. Ballots that
23are provisional because they are cast after 7:00 p.m. by court
24order shall be kept separate from other provisional ballots.
25Upon the closing of the polls, the securable container shall be
26sealed with filament tape provided for that purpose, which

 

 

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1shall be wrapped around the box lengthwise and crosswise, at
2least twice each way, and each of the election judges shall
3sign the seal.
4    (c) Instead of the affidavit form described in subsection
5(b), the county clerk or board of election commissioners, as
6the case may be, may design and use a multi-part affidavit form
7that is imprinted upon or attached to the provisional ballot
8envelope described in subsection (b). If a county clerk or
9board of election commissioners elects to design and use its
10own multi-part affidavit form, then the county clerk or board
11of election commissioners shall establish a mechanism for
12accepting any information the provisional voter has supplied to
13the election judge to support his or her claim that he or she
14is a duly registered voter. In all other respects, a county
15clerk or board of election commissioners shall establish
16procedures consistent with subsection (b).
17    (d) The county clerk or board of election commissioners, as
18the case may be, shall use the completed affidavit form
19described in subsection (b) to update the person's voter
20registration information in the State voter registration
21database and voter registration database of the county clerk or
22board of election commissioners, as the case may be. If a
23person is later determined not to be a registered voter based
24on Section 18A-15 of this Code, then the affidavit shall be
25processed by the county clerk or board of election
26commissioners, as the case may be, as a voter registration

 

 

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1application.
2(Source: P.A. 93-574, eff. 8-21-03; 93-1071, eff. 1-18-05;
394-645, eff. 8-22-05.)
 
4    (10 ILCS 5/18A-15)
5    Sec. 18A-15. Validating and counting provisional ballots.
6    (a) The county clerk or board of election commissioners
7shall complete the validation and counting of provisional
8ballots within 14 calendar days of the day of the election. The
9county clerk or board of election commissioners shall have 7
10calendar days from the completion of the validation and
11counting of provisional ballots to conduct its final canvass.
12The State Board of Elections shall complete within 31 calendar
13days of the election or sooner if all the returns are received,
14its final canvass of the vote for all public offices.
15    (b) If a county clerk or board of election commissioners
16determines that all of the following apply, then a provisional
17ballot is valid and shall be counted as a vote:
18        (1) The provisional voter cast the provisional ballot
19    in the correct precinct based on the address provided by
20    the provisional voter. The provisional voter's affidavit
21    shall serve as a change of address request by that voter
22    for registration purposes for the next ensuing election if
23    it bears an address different from that in the records of
24    the election authority;
25        (2) The affidavit executed by the provisional voter

 

 

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1    pursuant to subsection (b)(2) of Section 18A-5 contains, at
2    a minimum, the provisional voter's first and last name,
3    house number and street name, and signature or mark; and
4        (3) the provisional voter is a registered voter based
5    on information available to the county clerk or board of
6    election commissioners provided by or obtained from any of
7    the following:
8            i. the provisional voter;
9            ii. an election judge;
10            iii. the statewide voter registration database
11        maintained by the State Board of Elections;
12            iv. the records of the county clerk or board of
13        election commissioners' database; or
14            v. the records of the Secretary of State; and .
15        (4) For a provisional ballot cast under item (6) of
16    subsection (a) of Section 18A-5, the voter did not vote by
17    absentee ballot in the election at which the provisional
18    ballot was cast.
19    (c) With respect to subsection (b)(3) of this Section, the
20county clerk or board of election commissioners shall
21investigate and record whether or not the specified information
22is available from each of the 5 identified sources. If the
23information is available from one or more of the identified
24sources, then the county clerk or board of election
25commissioners shall seek to obtain the information from each of
26those sources until satisfied, with information from at least

 

 

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1one of those sources, that the provisional voter is registered
2and entitled to vote. The county clerk or board of election
3commissioners shall use any information it obtains as the basis
4for determining the voter registration status of the
5provisional voter. If a conflict exists among the information
6available to the county clerk or board of election
7commissioners as to the registration status of the provisional
8voter, then the county clerk or board of election commissioners
9shall make a determination based on the totality of the
10circumstances. In a case where the above information equally
11supports or opposes the registration status of the voter, the
12county clerk or board of election commissioners shall decide in
13favor of the provisional voter as being duly registered to
14vote. If the statewide voter registration database maintained
15by the State Board of Elections indicates that the provisional
16voter is registered to vote, but the county clerk's or board of
17election commissioners' voter registration database indicates
18that the provisional voter is not registered to vote, then the
19information found in the statewide voter registration database
20shall control the matter and the provisional voter shall be
21deemed to be registered to vote. If the records of the county
22clerk or board of election commissioners indicates that the
23provisional voter is registered to vote, but the statewide
24voter registration database maintained by the State Board of
25Elections indicates that the provisional voter is not
26registered to vote, then the information found in the records

 

 

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1of the county clerk or board of election commissioners shall
2control the matter and the provisional voter shall be deemed to
3be registered to vote. If the provisional voter's signature on
4his or her provisional ballot request varies from the signature
5on an otherwise valid registration application solely because
6of the substitution of initials for the first or middle name,
7the election authority may not reject the provisional ballot.
8    (d) In validating the registration status of a person
9casting a provisional ballot, the county clerk or board of
10election commissioners shall not require a provisional voter to
11complete any form other than the affidavit executed by the
12provisional voter under subsection (b)(2) of Section 18A-5. In
13addition, the county clerk or board of election commissioners
14shall not require all provisional voters or any particular
15class or group of provisional voters to appear personally
16before the county clerk or board of election commissioners or
17as a matter of policy require provisional voters to submit
18additional information to verify or otherwise support the
19information already submitted by the provisional voter. The
20provisional voter may, within 2 calendar days after the
21election, submit additional information to the county clerk or
22board of election commissioners. This information must be
23received by the county clerk or board of election commissioners
24within the 2-calendar-day period.
25    (e) If the county clerk or board of election commissioners
26determines that subsection (b)(1), (b)(2), or (b)(3) does not

 

 

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

 

 

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1judges or election officials shall, in the presence of the
2county clerk or board of election commissioners, place each of
3the following items in a separate envelope or bag: (1) all
4provisional ballots, voted or spoiled; (2) all provisional
5ballot envelopes of provisional ballots voted or spoiled; and
6(3) all executed affidavits of the provisional ballots voted or
7spoiled. All provisional ballot envelopes for provisional
8voters who have been determined not to be registered to vote
9shall remain sealed. The county clerk or board of election
10commissioners shall treat the provisional ballot envelope
11containing the written affidavit as a voter registration
12application for that person for the next election and process
13that application. The election judges or election officials
14shall then securely seal each envelope or bag, initial the
15envelope or bag, and plainly mark on the outside of the
16envelope or bag in ink the precinct in which the provisional
17ballots were cast. The election judges or election officials
18shall then place each sealed envelope or bag into a box, secure
19and seal it in the same manner as described in item (6) of
20subsection (b) of Section 18A-5. Each election judge or
21election official shall take and subscribe an oath before the
22county clerk or board of election commissioners that the
23election judge or election official securely kept the ballots
24and papers in the box, did not permit any person to open the
25box or otherwise touch or tamper with the ballots and papers in
26the box, and has no knowledge of any other person opening the

 

 

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1box. For purposes of this Section, the term "election official"
2means the county clerk, a member of the board of election
3commissioners, as the case may be, and their respective
4employees.
5(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05;
694-1000, eff. 7-3-06.)
 
7    (10 ILCS 5/19-2.1)  (from Ch. 46, par. 19-2.1)
8    Sec. 19-2.1. At the consolidated primary, general primary,
9consolidated, and general elections, electors entitled to vote
10by absentee ballot under the provisions of Section 19-1 may
11vote in person at the office of the municipal clerk, if the
12elector is a resident of a municipality not having a board of
13election commissioners, or at the office of the township clerk
14or, in counties not under township organization, at the office
15of the road district clerk if the elector is not a resident of
16a municipality; provided, in each case that the municipal,
17township or road district clerk, as the case may be, is
18authorized to conduct in-person absentee voting pursuant to
19this Section. Absentee voting in such municipal and township
20clerk's offices under this Section shall be conducted from the
2122nd day through the day before the election.
22    Municipal and township clerks (or road district clerks) who
23have regularly scheduled working hours at regularly designated
24offices other than a place of residence and whose offices are
25open for business during the same hours as the office of the

 

 

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1election authority shall conduct in-person absentee voting for
2said elections. Municipal and township clerks (or road district
3clerks) who have no regularly scheduled working hours but who
4have regularly designated offices other than a place of
5residence shall conduct in-person absentee voting for said
6elections during the hours of 8:30 a.m. to 4:30 p.m. or 9:00
7a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00 noon on
8Saturdays, but not during such hours as the office of the
9election authority is closed, unless the clerk files a written
10waiver with the election authority not later than July 1 of
11each year stating that he or she is unable to conduct such
12voting and the reasons therefor. Such clerks who conduct
13in-person absentee voting may extend their hours for that
14purpose to include any hours in which the election authority's
15office is open. Municipal and township clerks (or road district
16clerks) who have no regularly scheduled office hours and no
17regularly designated offices other than a place of residence
18may not conduct in-person absentee voting for said elections.
19The election authority may devise alternative methods for
20in-person absentee voting before said elections for those
21precincts located within the territorial area of a municipality
22or township (or road district) wherein the clerk of such
23municipality or township (or road district) has waived or is
24not entitled to conduct such voting. In addition, electors may
25vote by absentee ballot under the provisions of Section 19-1 at
26the office of the election authority having jurisdiction over

 

 

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1their residence. Unless specifically authorized by the
2election authority, municipal, township, and road district
3clerks shall not conduct in-person absentee voting. No less
4than 45 days before the date of an election, the election
5authority shall notify the municipal, township, and road
6district clerks within its jurisdiction if they are to conduct
7in-person absentee voting. Election authorities, however, may
8conduct in-person absentee voting in one or more designated
9appropriate public buildings from the fourth day before the
10election through the day before the election.
11    In conducting in-person absentee voting under this
12Section, the respective clerks shall be required to verify the
13signature of the absentee voter by comparison with the
14signature on the official registration record card. The clerk
15also shall reasonably ascertain the identity of such applicant,
16shall verify that each such applicant is a registered voter,
17and shall verify the precinct in which he or she is registered
18and the proper ballots of the political subdivisions in which
19the applicant resides and is entitled to vote, prior to
20providing any absentee ballot to such applicant. The clerk
21shall verify the applicant's registration and from the most
22recent poll list provided by the county clerk, and if the
23applicant is not listed on that poll list then by telephoning
24the office of the county clerk.
25    Absentee voting procedures in the office of the municipal,
26township and road district clerks shall be subject to all of

 

 

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1the applicable provisions of this Article 19. Pollwatchers may
2be appointed to observe in-person absentee voting procedures
3and view all reasonably requested records relating to the
4conduct of the election, provided the secrecy of the ballot is
5not impinged, at the office of the municipal, township or road
6district clerks' offices where such absentee voting is
7conducted. Such pollwatchers shall qualify and be appointed in
8the same manner as provided in Sections 7-34 and 17-23, except
9each candidate, political party or organization of citizens may
10appoint only one pollwatcher for each location where in-person
11absentee voting is conducted. Pollwatchers must be registered
12to vote in Illinois and possess valid pollwatcher credentials.
13All requirements in this Article applicable to election
14authorities shall apply to the respective local clerks, except
15where inconsistent with this Section.
16    The sealed absentee ballots in their carrier envelope shall
17be delivered by the respective clerks, or by the election
18authority on behalf of a clerk if the clerk and the election
19authority agree, to the election authority's central ballot
20counting location before the close of the polls on the day of
21the general primary, consolidated primary, consolidated, or
22general election.
23    Not more than 23 days before the general and consolidated
24elections, the county clerk shall make available to those
25municipal, township and road district clerks conducting
26in-person absentee voting within such county, a sufficient

 

 

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1number of applications, absentee ballots, envelopes, and
2printed voting instruction slips for use by absentee voters in
3the offices of such clerks. The respective clerks shall receipt
4for all ballots received, shall return all unused or spoiled
5ballots to the county clerk on the day of the election and
6shall strictly account for all ballots received.
7    The ballots delivered to the respective clerks shall
8include absentee ballots for each precinct in the municipality,
9township or road district, or shall include such separate
10ballots for each political subdivision conducting an election
11of officers or a referendum on that election day as will permit
12any resident of the municipality, township or road district to
13vote absentee in the office of the proper clerk.
14    The clerks of all municipalities, townships and road
15districts may distribute applications for absentee ballot for
16the use of voters who wish to mail such applications to the
17appropriate election authority. Any person may produce,
18reproduce, distribute, or return to an election authority the
19application for absentee ballot. Upon receipt, the appropriate
20election authority shall accept and promptly process any
21application for absentee ballot.
22(Source: P.A. 96-1008, eff. 7-6-10.)
 
23    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
24    Sec. 19-3. The application for absentee ballot shall be
25substantially in the following form:

 

 

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1
APPLICATION FOR ABSENTEE BALLOT
2    To be voted at the .... election in the County of .... and
3State of Illinois, in the .... precinct of the (1) *township of
4.... (2) *City of .... or (3) *.... ward in the City of ....
5    I state that I am a resident of the .... precinct of the
6(1) *township of .... (2) *City of .... or (3) *.... ward in
7the city of .... residing at .... in such city or town in the
8county of .... and State of Illinois; that I have lived at such
9address for .... month(s) last past; that I am lawfully
10entitled to vote in such precinct at the .... election to be
11held therein on ....; and that I wish to vote by absentee
12ballot.
13    I hereby make application for an official ballot or ballots
14to be voted by me at such election, and I agree that I shall
15return such ballot or ballots to the official issuing the same
16prior to the closing of the polls on the date of the election
17or, if returned by mail, postmarked no later than midnight
18preceding election day, for counting no later than during the
19period for counting provisional ballots, the last day of which
20is the 14th day following election day.
21    I understand that this application is made for an official
22absentee ballot or ballots to be voted by me at the election
23specified in this application and that I must submit a separate
24application for an official absentee ballot or ballots to be
25voted by me at any subsequent election.
26    Under penalties as provided by law pursuant to Section

 

 

SB3722 Enrolled- 61 -LRB097 17968 PJG 63191 b

129-10 of The Election Code, the undersigned certifies that the
2statements set forth in this application are true and correct.
3
....
4
*fill in either (1), (2) or (3).
5
Post office address to which ballot is mailed:
6...............
7    However, if application is made for a primary election
8ballot, such application shall require the applicant to
9designate the name of the political party with which the
10applicant is affiliated.
11    Any person may produce, reproduce, distribute, or return to
12an election authority the application for absentee ballot. Upon
13receipt, the appropriate election authority shall accept and
14promptly process any application for absentee ballot submitted
15in a form substantially similar to that required by this
16Section, including any substantially similar production or
17reproduction generated by the applicant.
18(Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10;
1996-553, eff. 8-17-09; 96-1000, eff. 7-2-10; 96-1008, eff.
207-6-10.)
 
21    (10 ILCS 5/19A-15)
22    Sec. 19A-15. Period for early voting; hours.
23    (a) The period for early voting by personal appearance
24begins the 15th 22nd day preceding a general primary,
25consolidated primary, consolidated, or general election and

 

 

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1extends through the 3rd 5th day before election day.
2    (b) A permanent polling place for early voting must remain
3open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m.
4to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on
5Saturdays, Sundays, and holidays; except that, in addition to
6the hours required by this subsection, a permanent early voting
7polling place designated by an election authority under
8subsection (c) of Section 19A-10 must remain open for a total
9of at least 8 hours on any holiday during the early voting
10period and a total of at least 14 hours on the final weekend
11during the early voting period.
12    (c) Notwithstanding subsections (a) and (b), an election
13authority may close an early voting polling place if the
14building in which the polling place is located has been closed
15by the State or unit of local government in response to a
16severe weather emergency. In the event of a closure, the
17election authority shall conduct early voting on the 2nd day
18before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to
195:00 p.m. The election authority shall notify the State Board
20of Elections of any closure and shall make reasonable efforts
21to provide notice to the public of the extended early voting
22period.
23(Source: P.A. 96-637, eff. 1-1-10; 97-81, eff. 7-5-11.)
 
24    (10 ILCS 5/24C-12)
25    Sec. 24C-12. Procedures for Counting and Tallying of

 

 

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1Ballots. In an election jurisdiction where a Direct Recording
2Electronic Voting System is used, the following procedures for
3counting and tallying the ballots shall apply:
4    Before the opening of the polls, the judges of elections
5shall assemble the voting equipment and devices and turn the
6equipment on. The judges shall, if necessary, take steps to
7activate the voting devices and counting equipment by inserting
8into the equipment and voting devices appropriate data cards
9containing passwords and data codes that will select the proper
10ballot formats selected for that polling place and that will
11prevent inadvertent or unauthorized activation of the
12poll-opening function. Before voting begins and before ballots
13are entered into the voting devices, the judges of election
14shall cause to be printed a record of the following: the
15election's identification data, the device's unit
16identification, the ballot's format identification, the
17contents of each active candidate register by office and of
18each active public question register showing that they contain
19all zero votes, all ballot fields that can be used to invoke
20special voting options, and other information needed to ensure
21the readiness of the equipment and to accommodate
22administrative reporting requirements. The judges must also
23check to be sure that the totals are all zeros in the counting
24columns and in the public counter affixed to the voting
25devices.
26    After the judges have determined that a person is qualified

 

 

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1to vote, a voting device with the proper ballot to which the
2voter is entitled shall be enabled to be used by the voter. The
3ballot may then be cast by the voter by marking by appropriate
4means the designated area of the ballot for the casting of a
5vote for any candidate or for or against any public question.
6The voter shall be able to vote for any and all candidates and
7public measures appearing on the ballot in any legal number and
8combination and the voter shall be able to delete, change or
9correct his or her selections before the ballot is cast. The
10voter shall be able to select candidates whose names do not
11appear upon the ballot for any office by entering
12electronically as many names of candidates as the voter is
13entitled to select for each office.
14    Upon completing his or her selection of candidates or
15public questions, the voter shall signify that voting has been
16completed by activating the appropriate button, switch or
17active area of the ballot screen associated with end of voting.
18Upon activation, the voting system shall record an image of the
19completed ballot, increment the proper ballot position
20registers, and shall signify to the voter that the ballot has
21been cast. Upon activation, the voting system shall also print
22a permanent paper record of each ballot cast as defined in
23Section 24C-2 of this Code. This permanent paper record shall
24(i) be printed in a clear, readily readable format that can be
25easily reviewed by the voter for completeness and accuracy and
26(ii) either be self-contained within the voting device or be

 

 

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1deposited by the voter into a secure ballot box. No permanent
2paper record shall be removed from the polling place except by
3election officials as authorized by this Article. All permanent
4paper records shall be preserved and secured by election
5officials in the same manner as paper ballots and shall be
6available as an official record for any recount, redundant
7count, or verification or retabulation of the vote count
8conducted with respect to any election in which the voting
9system is used. The voter shall exit the voting station and the
10voting system shall prevent any further attempt to vote until
11it has been properly re-activated. If a voting device has been
12enabled for voting but the voter leaves the polling place
13without casting a ballot, 2 judges of election, one from each
14of the 2 major political parties, shall spoil the ballot.
15    Throughout the election day and before the closing of the
16polls, no person may check any vote totals for any candidate or
17public question on the voting or counting equipment. Such
18equipment shall be programmed so that no person may reset the
19equipment for reentry of ballots unless provided the proper
20code from an authorized representative of the election
21authority.
22    The precinct judges of election shall check the public
23register to determine whether the number of ballots counted by
24the voting equipment agrees with the number of voters voting as
25shown by the applications for ballot. If the same do not agree,
26the judges of election shall immediately contact the offices of

 

 

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1the election authority in charge of the election for further
2instructions. If the number of ballots counted by the voting
3equipment agrees with the number of voters voting as shown by
4the application for ballot, the number shall be listed on the
5"Statement of Ballots" form provided by the election authority.
6    The totals for all candidates and propositions shall be
7tabulated. One copy of an "In-Precinct Totals Report" shall be
8generated by the automatic tabulating equipment for return to
9the election authority. One copy of an "In-Precinct Totals
10Report" shall be generated and posted in a conspicuous place
11inside the polling place, provided that any authorized
12pollwatcher or other official authorized to be present in the
13polling place to observe the counting of ballots is present.
14The judges of election shall provide, if requested, a set for
15each authorized pollwatcher or other official authorized to be
16present in the polling place to observe the counting of
17ballots. In addition, sufficient time shall be provided by the
18judges of election to the pollwatchers to allow them to copy
19information from the copy which has been posted.
20    Until December 31, 2015 2011, in elections at which
21fractional cumulative votes are cast for candidates, the
22tabulation of those fractional cumulative votes may be made by
23the election authority at its central office location, and 4
24copies of a "Certificate of Results" shall be printed by the
25automatic tabulation equipment and shall be posted in 4
26conspicuous places at the central office location where those

 

 

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1fractional cumulative votes have been tabulated.
2    If instructed by the election authority, the judges of
3election shall cause the tabulated returns to be transmitted
4electronically to the offices of the election authority via
5modem or other electronic medium.
6    The precinct judges of election shall select a bi-partisan
7team of 2 judges, who shall immediately return the ballots in a
8sealed container, along with all other election materials and
9equipment as instructed by the election authority; provided,
10however, that such container must first be sealed by the
11election judges with filament tape or other approved sealing
12devices provided for the purpose in a manner that the ballots
13cannot be removed from the container without breaking the seal
14or filament tape and disturbing any signatures affixed by the
15election judges to the container. The election authority shall
16keep the office of the election authority, or any receiving
17stations designated by the authority, open for at least 12
18consecutive hours after the polls close or until the ballots
19and election material and equipment from all precincts within
20the jurisdiction of the election authority have been returned
21to the election authority. Ballots and election materials and
22equipment returned to the office of the election authority
23which are not signed and sealed as required by law shall not be
24accepted by the election authority until the judges returning
25the ballots make and sign the necessary corrections. Upon
26acceptance of the ballots and election materials and equipment

 

 

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1by the election authority, the judges returning the ballots
2shall take a receipt signed by the election authority and
3stamped with the time and date of the return. The election
4judges whose duty it is to return any ballots and election
5materials and equipment as provided shall, in the event the
6ballots, materials or equipment cannot be found when needed, on
7proper request, produce the receipt which they are to take as
8above provided.
9(Source: P.A. 95-699, eff. 11-9-07; 96-1549, eff. 3-10-11.)
 
10    Section 99. Effective date. This Act takes effect July 1,
112012.