HB2418 EnrolledLRB098 07643 HLH 37715 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 1A-16, 1A-25, 4-8, 4-10, 4-12, 4-15, 4-33, 4-50, 5-7,
65-9, 5-15, 5-21, 5-43, 5-50, 6-29, 6-35, 6-40, 6-57, 6-79,
76-100, 6A-1, 6A-2, 6A-3, 6A-4, 8-9, 9-1.8, 9-8.5, 9-9.5,
810-6.2, 10-7, 10-9, 10-10, 17-23, 18A-15, 19-2, 19-2.1, 19-3,
919-4, 19-7, 19A-15, 19A-70, 22-6, 24A-16, and 28-8 and by
10adding Sections 1-12, 1A-16.5, 6-19.5, 24A-6.2, 24B-6.2, and
1124C-6.2 as follows:
 
12    (10 ILCS 5/1-12 new)
13    Sec. 1-12. Public university voting. Each appropriate
14election authority shall, in addition to the early voting
15conducted at locations otherwise required by law, conduct early
16voting in a high traffic location on the campus of a public
17university within the election authority's jurisdiction. For
18the purposes of this Section, "public university" means the
19University of Illinois at its campuses in Urbana-Champaign and
20Springfield, Southern Illinois University at its campuses in
21Carbondale and Edwardsville, Eastern Illinois University,
22Illinois State University, Northern Illinois University, and
23Western Illinois University at its campuses in Macomb and

 

 

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1Moline. The voting required by this Section to be conducted on
2campus must be conducted as otherwise required by Article 19A
3of this Code. If an election authority has voting equipment
4that can accommodate a ballot in every form required in the
5election authority's jurisdiction, then the election authority
6shall extend early voting under this Section to any registered
7voter in the election authority's jurisdiction. However, if the
8election authority does not have voting equipment that can
9accommodate a ballot in every form required in the election
10authority's jurisdiction, then the election authority may
11limit early voting under this Section to registered voters in
12precincts where the public university is located and precincts
13bordering the university. Each public university shall make the
14space available in a high traffic area for, and cooperate and
15coordinate with the appropriate election authority in, the
16implementation of this Section.
 
17    (10 ILCS 5/1A-16)
18    Sec. 1A-16. Voter registration information; internet
19posting; processing of voter registration forms; content of
20such forms. Notwithstanding any law to the contrary, the
21following provisions shall apply to voter registration under
22this Code.
23    (a) Voter registration information; Internet posting of
24voter registration form. Within 90 days after the effective
25date of this amendatory Act of the 93rd General Assembly, the

 

 

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1State Board of Elections shall post on its World Wide Web site
2the following information:
3        (1) A comprehensive list of the names, addresses, phone
4    numbers, and websites, if applicable, of all county clerks
5    and boards of election commissioners in Illinois.
6        (2) A schedule of upcoming elections and the deadline
7    for voter registration.
8        (3) A downloadable, printable voter registration form,
9    in at least English and in Spanish versions, that a person
10    may complete and mail or submit to the State Board of
11    Elections or the appropriate county clerk or board of
12    election commissioners.
13Any forms described under paragraph (3) must state the
14following:
15        If you do not have a driver's license or social
16    security number, and this form is submitted by mail, and
17    you have never registered to vote in the jurisdiction you
18    are now registering in, then you must send, with this
19    application, either (i) a copy of a current and valid photo
20    identification, or (ii) a copy of a current utility bill,
21    bank statement, government check, paycheck, or other
22    government document that shows the name and address of the
23    voter. If you do not provide the information required
24    above, then you will be required to provide election
25    officials with either (i) or (ii) described above the first
26    time you vote at a voting place or by absentee ballot.

 

 

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1    (b) Acceptance of registration forms by the State Board of
2Elections and county clerks and board of election
3commissioners. The State Board of Elections, county clerks, and
4board of election commissioners shall accept all completed
5voter registration forms described in subsection (a)(3) of this
6Section and Sections 1A-17 and 1A-30 that are:
7        (1) postmarked on or before the day that voter
8    registration is closed under the Election Code;
9        (2) not postmarked, but arrives no later than 5 days
10    after the close of registration;
11        (3) submitted in person by a person using the form on
12    or before the day that voter registration is closed under
13    the Election Code; or
14        (4) submitted in person by a person who submits one or
15    more forms on behalf of one or more persons who used the
16    form on or before the day that voter registration is closed
17    under the Election Code.
18    Upon the receipt of a registration form, the State Board of
19Elections shall mark the date on which the form was received
20and send the form via first class mail to the appropriate
21county clerk or board of election commissioners, as the case
22may be, within 2 business days based upon the home address of
23the person submitting the registration form. The county clerk
24and board of election commissioners shall accept and process
25any form received from the State Board of Elections.
26    (c) Processing of registration forms by county clerks and

 

 

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1boards of election commissioners. The county clerk or board of
2election commissioners shall promulgate procedures for
3processing the voter registration form.
4    (d) Contents of the voter registration form. The State
5Board shall create a voter registration form, which must
6contain the following content:
7        (1) Instructions for completing the form.
8        (2) A summary of the qualifications to register to vote
9    in Illinois.
10        (3) Instructions for mailing in or submitting the form
11    in person.
12        (4) The phone number for the State Board of Elections
13    should a person submitting the form have questions.
14        (5) A box for the person to check that explains one of
15    3 reasons for submitting the form:
16            (a) new registration;
17            (b) change of address; or
18            (c) change of name.
19        (6) a box for the person to check yes or no that asks,
20    "Are you a citizen of the United States?", a box for the
21    person to check yes or no that asks, "Will you be 18 years
22    of age on or before election day?", and a statement of "If
23    you checked 'no' in response to either of these questions,
24    then do not complete this form.".
25        (7) A space for the person to fill in his or her home
26    telephone number.

 

 

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1        (8) Spaces for the person to fill in his or her first,
2    middle, and last names, street address (principal place of
3    residence), county, city, state, and zip code.
4        (9) Spaces for the person to fill in his or her mailing
5    address, city, state, and zip code if different from his or
6    her principal place of residence.
7        (10) A space for the person to fill in his or her
8    Illinois driver's license number if the person has a
9    driver's license.
10        (11) A space for a person without a driver's license to
11    fill in the last four digits of his or her social security
12    number if the person has a social security number.
13        (12) A space for a person without an Illinois driver's
14    license to fill in his or her identification number from
15    his or her State Identification card issued by the
16    Secretary of State.
17        (13) A space for the person to fill the name appearing
18    on his or her last voter registration, the street address
19    of his or her last registration, including the city,
20    county, state, and zip code.
21        (14) A space where the person swears or affirms the
22    following under penalty of perjury with his or her
23    signature:
24            (a) "I am a citizen of the United States.";
25            (b) "I will be at least 18 years old on or before
26        the next election.";

 

 

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1            (c) "I will have lived in the State of Illinois and
2        in my election precinct at least 30 days as of the date
3        of the next election."; and
4            "The information I have provided is true to the
5        best of my knowledge under penalty of perjury. If I
6        have provided false information, then I may be fined,
7        imprisoned, or if I am not a U.S. citizen, deported
8        from or refused entry into the United States."
9        (15) A space for the person to fill in his or her
10    e-mail address if he or she chooses to provide that
11    information.
12    (d-5) Compliance with federal law; rulemaking authority.
13The voter registration form described in this Section shall be
14consistent with the form prescribed by the Federal Election
15Commission under the National Voter Registration Act of 1993,
16P.L. 103-31, as amended from time to time, and the Help America
17Vote Act of 2002, P.L. 107-252, in all relevant respects. The
18State Board of Elections shall periodically update the form
19based on changes to federal or State law. The State Board of
20Elections shall promulgate any rules necessary for the
21implementation of this Section; provided that the rules comport
22with the letter and spirit of the National Voter Registration
23Act of 1993 and Help America Vote Act of 2002 and maximize the
24opportunity for a person to register to vote.
25    (e) Forms available in paper form. The State Board of
26Elections shall make the voter registration form available in

 

 

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1regular paper stock and form in sufficient quantities for the
2general public. The State Board of Elections may provide the
3voter registration form to the Secretary of State, county
4clerks, boards of election commissioners, designated agencies
5of the State of Illinois, and any other person or entity
6designated to have these forms by the Election Code in regular
7paper stock and form or some other format deemed suitable by
8the Board. Each county clerk or board of election commissioners
9has the authority to design and print its own voter
10registration form so long as the form complies with the
11requirements of this Section. The State Board of Elections,
12county clerks, boards of election commissioners, or other
13designated agencies of the State of Illinois required to have
14these forms under the Election Code shall provide a member of
15the public with any reasonable number of forms that he or she
16may request. Nothing in this Section shall permit the State
17Board of Elections, county clerk, board of election
18commissioners, or other appropriate election official who may
19accept a voter registration form to refuse to accept a voter
20registration form because the form is printed on photocopier or
21regular paper stock and form.
22    (f) (Blank). Internet voter registration study. The State
23Board of Elections shall investigate the feasibility of
24offering voter registration on its website and consider voter
25registration methods of other states in an effort to maximize
26the opportunity for all Illinois citizens to register to vote.

 

 

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1The State Board of Elections shall assemble its findings in a
2report and submit it to the General Assembly no later than
3January 1, 2006. The report shall contain legislative
4recommendations to the General Assembly on improving voter
5registration in Illinois.
6(Source: P.A. 94-492, eff. 1-1-06; 94-645, eff. 8-22-05;
795-331, eff. 8-21-07.)
 
8    (10 ILCS 5/1A-16.5 new)
9    Sec. 1A-16.5. Online voter registration.
10    (a) The State Board of Elections shall establish and
11maintain a system for online voter registration that permits a
12person to apply to register to vote or to update his or her
13existing voter registration. In accordance with technical
14specifications provided by the State Board of Elections, each
15election authority shall maintain a voter registration system
16capable of receiving and processing voter registration
17application information, including electronic signatures, from
18the online voter registration system established by the State
19Board of Elections.
20    (b) The online voter registration system shall employ
21security measures to ensure the accuracy and integrity of voter
22registration applications submitted electronically pursuant to
23this Section.
24    (c) The Board may receive voter registration information
25provided by applicants using the State Board of Elections'

 

 

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1website, may cross reference that information with data or
2information contained in the Secretary of State's database in
3order to match the information submitted by applicants, and may
4receive from the Secretary of State the applicant's digitized
5signature upon a successful match of that applicant's
6information with that contained in the Secretary of State's
7database.
8    (d) Notwithstanding any other provision of law, a person
9who is qualified to register to vote and who has an authentic
10Illinois driver's license or State identification card issued
11by the Secretary of State may submit an application to register
12to vote electronically on a website maintained by the State
13Board of Elections.
14    (e) An online voter registration application shall contain
15all of the information that is required for a paper application
16as provided in Section 1A-16 of this Code, except that the
17applicant shall be required to provide:
18        (1) the applicant's full Illinois driver's license or
19    State identification card number;
20        (2) the last 4 digits of the applicant's social
21    security number; and
22        (3) the date the Illinois driver's license or State
23    identification card was issued.
24    (f) For an applicant's registration or change in
25registration to be accepted, the applicant shall mark the box
26associated with the following statement included as part of the

 

 

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1online voter registration application:
2    By clicking on the box below, I swear or affirm all of the
3following:
4    (1) I am the person whose name and identifying information
5is provided on this form, and I desire to register to vote in
6the State of Illinois.
7    (2) All the information I have provided on this form is
8true and correct as of the date I am submitting this form.
9    (3) I authorize the Secretary of State to transmit to the
10State Board of Elections my signature that is on file with the
11Secretary of State and understand that such signature will be
12used by my local election authority on this online voter
13registration application for admission as an elector as if I
14had signed this form personally.".
15    (g) Immediately upon receiving a completed online voter
16registration application, the online voter registration system
17shall send, by electronic mail, a confirmation notice that the
18application has been received. Within 48 hours of receiving
19such an application, the online voter registration system shall
20send by electronic mail, a notice informing the applicant of
21whether the following information has been matched with the
22Secretary of State database:
23        (1) that the applicant has an authentic Illinois
24    driver's license or State identification card issued by the
25    Secretary of State and that the driver's license or State
26    identification number provided by the applicant matches

 

 

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1    the driver's license or State identification card number
2    for that person on file with the Secretary of State;
3        (2) that the date of issuance of the Illinois driver's
4    license or State identification card listed on the
5    application matches the date of issuance of that card for
6    that person on file with the Secretary of State;
7        (3) that the date of birth provided by the applicant
8    matches the date of birth for that person on file with the
9    Secretary of State; and
10        (4) that the last 4 digits of the applicant's social
11    security number matches the last four digits for that
12    person on file with the Secretary of State.
13    (h) If the information provided by the applicant matches
14the information on the Secretary of State's databases for any
15driver's license and State identification card holder and is
16matched as provided in subsection (g) above, the online voter
17registration system shall:
18        (1) retrieve from the Secretary of State's database
19    files an electronic copy of the applicant's signature from
20    his or her Illinois driver's license or State
21    identification card and such signature shall be deemed to
22    be the applicant's signature on his or her online voter
23    registration application;
24        (2) within 2 days of receiving the application, forward
25    to the county clerk or board of election commissioners
26    having jurisdiction over the applicant's voter

 

 

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1    registration: (i) the application, along with the
2    applicant's relevant data that can be directly loaded into
3    the jurisdiction's voter registration system and (ii) a
4    copy of the applicant's electronic signature and a
5    certification from the State Board of Elections that the
6    applicant's driver's license or State identification card
7    number, driver's license or State identification card date
8    of issuance, and date of birth and social security
9    information have been successfully matched.
10    (i) Upon receipt of the online voter registration
11application, the county clerk or board of election
12commissioners having jurisdiction over the applicant's voter
13registration shall promptly search its voter registration
14database to determine whether the applicant is already
15registered to vote at the address on the application and
16whether the new registration would create a duplicate
17registration. If the applicant is already registered to vote at
18the address on the application, the clerk or board, as the case
19may be, shall send the applicant by first class mail, and
20electronic mail if the applicant has provided an electronic
21mail address on the original voter registration form for that
22address, a disposition notice as otherwise required by law
23informing the applicant that he or she is already registered to
24vote at such address. If the applicant is not already
25registered to vote at the address on the application and the
26applicant is otherwise eligible to register to vote, the clerk

 

 

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1or board, as the case may be, shall:
2        (1) enter the name and address of the applicant on the
3    list of registered voters in the jurisdiction; and
4        (2) send by mail, and electronic mail if the applicant
5    has provided an electronic mail address on the voter
6    registration form, a disposition notice to the applicant as
7    otherwise provided by law setting forth the applicant's
8    name and address as it appears on the application and
9    stating that the person is registered to vote.
10    (j) An electronic signature of the person submitting a
11duplicate registration application or a change of address form
12that is retrieved and imported from the Secretary of State's
13driver's license or State identification card database as
14provided herein may, in the discretion of the clerk or board,
15be substituted for and replace any existing signature for that
16individual in the voter registration database of the county
17clerk or board of election commissioners.
18    (k) Any new registration or change of address submitted
19electronically as provided in this Section shall become
20effective as of the date it is received by the county clerk or
21board of election commissioners having jurisdiction over said
22registration. Disposition notices prescribed in this Section
23shall be sent within 5 business days of receipt of the online
24application or change of address by the county clerk or board
25of election commissioners.
26    (l) All provisions of this Code governing voter

 

 

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1registration and applicable thereto and not inconsistent with
2this Section shall apply to online voter registration under
3this Section. All applications submitted on a website
4maintained by the State Board of Elections shall be deemed
5timely filed if they are submitted no later than 11:59 p.m. on
6the final day for voter registration prior to an election.
7After the registration period for an upcoming election has
8ended and until the 2nd day following such election, the web
9page containing the online voter registration form on the State
10Board of Elections website shall inform users of the procedure
11for grace period voting.
12    (m) The State Board of Elections shall maintain a list of
13the name, street address, e-mail address, and likely precinct,
14ward, township, and district numbers, as the case may be, of
15people who apply to vote online through the voter registration
16system and those names and that information shall be stored in
17an electronic format on its website, arranged by county and
18accessible to State and local political committees.
19    (n) The Illinois State Board of Elections shall submit a
20report to the General Assembly and the Governor by January 31,
212014 detailing the progress made to implement the online voter
22registration system described in this Section.
23    (o) The online voter registration system provided for in
24this Section shall be fully operational by July 1, 2014.
 
25    (10 ILCS 5/1A-25)

 

 

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1    Sec. 1A-25. Centralized statewide voter registration list.
2The centralized statewide voter registration list required by
3Title III, Subtitle A, Section 303 of the Help America Vote Act
4of 2002 shall be created and maintained by the State Board of
5Elections as provided in this Section.
6        (1) The centralized statewide voter registration list
7    shall be compiled from the voter registration data bases of
8    each election authority in this State.
9        (2) With the exception of voter registration forms
10    submitted electronically through an online voter
11    registration system, all All new voter registration forms
12    and applications to register to vote, including those
13    reviewed by the Secretary of State at a driver services
14    facility, shall be transmitted only to the appropriate
15    election authority as required by Articles 4, 5, and 6 of
16    this Code and not to the State Board of Elections. All
17    voter registration forms submitted electronically to the
18    State Board of Elections through an online voter
19    registration system shall be transmitted to the
20    appropriate election authority as required by Section
21    1A-16.5. The election authority shall process and verify
22    each voter registration form and electronically enter
23    verified registrations on an expedited basis onto the
24    statewide voter registration list. All original
25    registration cards shall remain permanently in the office
26    of the election authority as required by this Code.

 

 

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1        (3) The centralized statewide voter registration list
2    shall:
3            (i) Be designed to allow election authorities to
4        utilize the registration data on the statewide voter
5        registration list pertinent to voters registered in
6        their election jurisdiction on locally maintained
7        software programs that are unique to each
8        jurisdiction.
9            (ii) Allow each election authority to perform
10        essential election management functions, including but
11        not limited to production of voter lists, processing of
12        absentee voters, production of individual, pre-printed
13        applications to vote, administration of election
14        judges, and polling place administration, but shall
15        not prevent any election authority from using
16        information from that election authority's own
17        systems.
18        (4) The registration information maintained by each
19    election authority shall be synchronized with that
20    authority's information on the statewide list at least once
21    every 24 hours.
22    To protect the privacy and confidentiality of voter
23registration information, the disclosure of any portion of the
24centralized statewide voter registration list to any person or
25entity other than to a State or local political committee and
26other than to a governmental entity for a governmental purpose

 

 

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1is specifically prohibited except as follows: subject to
2security measures adopted by the State Board of Elections
3which, at a minimum, shall include the keeping of a catalog or
4database, available for public view, including the name,
5address, and telephone number of the person viewing the list as
6well as the time of that viewing, any person may view the list
7on a computer screen at the Springfield office of the State
8Board of Elections, during normal business hours other than
9during the 27 days before an election, but the person viewing
10the list under this exception may not print, duplicate,
11transmit, or alter the list.
12(Source: P.A. 94-136, eff. 7-7-05; 94-645, eff. 8-22-05;
1395-331, eff. 8-21-07.)
 
14    (10 ILCS 5/4-8)  (from Ch. 46, par. 4-8)
15    Sec. 4-8. The county clerk shall provide a sufficient
16number of blank forms for the registration of electors, which
17shall be known as registration record cards and which shall
18consist of loose leaf sheets or cards, of suitable size to
19contain in plain writing and figures the data hereinafter
20required thereon or shall consist of computer cards of suitable
21nature to contain the data required thereon. The registration
22record cards, which shall include an affidavit of registration
23as hereinafter provided, shall be executed in duplicate.
24    The registration record card shall contain the following
25and such other information as the county clerk may think it

 

 

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1proper to require for the identification of the applicant for
2registration:
3    Name. The name of the applicant, giving surname and first
4or Christian name in full, and the middle name or the initial
5for such middle name, if any.
6    Sex.
7    Residence. The name and number of the street, avenue, or
8other location of the dwelling, including the apartment, unit
9or room number, if any, and in the case of a mobile home the lot
10number, and such additional clear and definite description as
11may be necessary to determine the exact location of the
12dwelling of the applicant. Where the location cannot be
13determined by street and number, then the section,
14congressional township and range number may be used, or such
15other description as may be necessary, including post-office
16mailing address. In the case of a homeless individual, the
17individual's voting residence that is his or her mailing
18address shall be included on his or her registration record
19card.
20    Term of residence in the State of Illinois and precinct.
21This information shall be furnished by the applicant stating
22the place or places where he resided and the dates during which
23he resided in such place or places during the year next
24preceding the date of the next ensuing election.
25    Nativity. The state or country in which the applicant was
26born.

 

 

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

 

 

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

 

 

HB2418 Enrolled- 22 -LRB098 07643 HLH 37715 b

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

 

 

HB2418 Enrolled- 23 -LRB098 07643 HLH 37715 b

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

 

 

HB2418 Enrolled- 24 -LRB098 07643 HLH 37715 b

1political committees registered pursuant to the Illinois
2Campaign Finance Act or the Federal Election Campaign Act and
3to governmental entities, at their request and at a reasonable
4cost. To protect the privacy and confidentiality of voter
5registration information, the disclosure of electronic voter
6registration records to any person or entity other than to a
7State or local political committee and other than to a
8governmental entity for a governmental purpose is specifically
9prohibited except as follows: subject to security measures
10adopted by the State Board of Elections which, at a minimum,
11shall include the keeping of a catalog or database, available
12for public view, including the name, address, and telephone
13number of the person viewing the list as well as the time of
14that viewing, any person may view the centralized statewide
15voter registration list on a computer screen at the Springfield
16office of the State Board of Elections, during normal business
17hours other than during the 27 days before an election, but the
18person viewing the list under this exception may not print,
19duplicate, transmit, or alter the list. Copies of the tapes,
20discs, or other electronic data shall be furnished by the
21county clerk to local political committees and governmental
22entities at their request and at a reasonable cost. Reasonable
23cost of the tapes, discs, et cetera for this purpose would be
24the cost of duplication plus 15% for administration. The
25individual representing a political committee requesting
26copies of such tapes shall make a sworn affidavit that the

 

 

HB2418 Enrolled- 25 -LRB098 07643 HLH 37715 b

1information shall be used only for bona fide political
2purposes, including by or for candidates for office or
3incumbent office holders. Such tapes, discs or other electronic
4data shall not be used under any circumstances by any political
5committee or individuals for purposes of commercial
6solicitation or other business purposes. If such tapes contain
7information on county residents related to the operations of
8county government in addition to registration information,
9that information shall not be used under any circumstances for
10commercial solicitation or other business purposes. The
11prohibition in this Section against using the computer tapes or
12computer discs or other electronic data processing information
13containing voter registration information for purposes of
14commercial solicitation or other business purposes shall be
15prospective only from the effective date of this amended Act of
161979. Any person who violates this provision shall be guilty of
17a Class 4 felony.
18    The State Board of Elections shall promulgate, by October
191, 1987, such regulations as may be necessary to ensure
20uniformity throughout the State in electronic data processing
21of voter registration information. The regulations shall
22include, but need not be limited to, specifications for uniform
23medium, communications protocol and file structure to be
24employed by the election authorities of this State in the
25electronic data processing of voter registration information.
26Each election authority utilizing electronic data processing

 

 

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1of voter registration information shall comply with such
2regulations on and after May 15, 1988.
3    If the applicant for registration was last registered in
4another county within this State, he shall also sign a
5certificate authorizing cancellation of the former
6registration. The certificate shall be in substantially the
7following form:
8To the County Clerk of.... County, Illinois. (or)
9To the Election Commission of the City of ...., Illinois.
10    This is to certify that I am registered in your (county)
11(city) and that my residence was ............................
12Having moved out of your (county) (city), I hereby authorize
13you to cancel said registration in your office.
14Dated at ...., Illinois, on (insert date).
15
.................................
16
(Signature of Voter)
17Attest: ................,  County Clerk, .............
18County, Illinois.
19    The cancellation certificate shall be mailed immediately
20by the County Clerk to the County Clerk (or election commission
21as the case may be) where the applicant was formerly
22registered. Receipt of such certificate shall be full authority
23for cancellation of any previous registration.
24(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04;
2594-136, eff. 7-7-05.)
 

 

 

HB2418 Enrolled- 27 -LRB098 07643 HLH 37715 b

1    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
2    Sec. 4-10. Except as herein provided, no person shall be
3registered, unless he applies in person to a registration
4officer, answers such relevant questions as may be asked of him
5by the registration officer, and executes the affidavit of
6registration. The registration officer shall require the
7applicant to furnish two forms of identification, and except in
8the case of a homeless individual, one of which must include
9his or her residence address. These forms of identification
10shall include, but not be limited to, any of the following:
11driver's license, social security card, public aid
12identification card, utility bill, employee or student
13identification card, lease or contract for a residence, credit
14card, or a civic, union or professional association membership
15card. The registration officer shall require a homeless
16individual to furnish evidence of his or her use of the mailing
17address stated. This use may be demonstrated by a piece of mail
18addressed to that individual and received at that address or by
19a statement from a person authorizing use of the mailing
20address. The registration officer shall require each applicant
21for registration to read or have read to him the affidavit of
22registration before permitting him to execute the affidavit.
23    One of the registration officers or a deputy registration
24officer, county clerk, or clerk in the office of the county
25clerk, shall administer to all persons who shall personally
26apply to register the following oath or affirmation:

 

 

HB2418 Enrolled- 28 -LRB098 07643 HLH 37715 b

1    "You do solemnly swear (or affirm) that you will fully and
2truly answer all such questions as shall be put to you touching
3your name, place of residence, place of birth, your
4qualifications as an elector and your right as such to register
5and vote under the laws of the State of Illinois."
6    The registration officer shall satisfy himself that each
7applicant for registration is qualified to register before
8registering him. If the registration officer has reason to
9believe that the applicant is a resident of a Soldiers' and
10Sailors' Home or any facility which is licensed or certified
11pursuant to the Nursing Home Care Act, the Specialized Mental
12Health Rehabilitation Act, or the ID/DD Community Care Act, the
13following question shall be put, "When you entered the home
14which is your present address, was it your bona fide intention
15to become a resident thereof?" Any voter of a township, city,
16village or incorporated town in which such applicant resides,
17shall be permitted to be present at the place of any precinct
18registration and shall have the right to challenge any
19applicant who applies to be registered.
20    In case the officer is not satisfied that the applicant is
21qualified he shall forthwith notify such applicant in writing
22to appear before the county clerk to complete his registration.
23Upon the card of such applicant shall be written the word
24"incomplete" and no such applicant shall be permitted to vote
25unless such registration is satisfactorily completed as
26hereinafter provided. No registration shall be taken and marked

 

 

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1as incomplete if information to complete it can be furnished on
2the date of the original application.
3    Any person claiming to be an elector in any election
4precinct and whose registration card is marked "Incomplete" may
5make and sign an application in writing, under oath, to the
6county clerk in substance in the following form:
7    "I do solemnly swear that I, ...., did on (insert date)
8make application to the board of registry of the .... precinct
9of the township of .... (or to the county clerk of .... county)
10and that said board or clerk refused to complete my
11registration as a qualified voter in said precinct. That I
12reside in said precinct, that I intend to reside in said
13precinct, and am a duly qualified voter of said precinct and am
14entitled to be registered to vote in said precinct at the next
15election.
16(Signature of applicant) ............................."
 
17    All such applications shall be presented to the county
18clerk or to his duly authorized representative by the
19applicant, in person between the hours of 9:00 a.m. and 5:00
20p.m. on any day after the days on which the 1969 and 1970
21precinct re-registrations are held but not on any day within 27
22days preceding the ensuing general election and thereafter for
23the registration provided in Section 4-7 all such applications
24shall be presented to the county clerk or his duly authorized
25representative by the applicant in person between the hours of

 

 

HB2418 Enrolled- 30 -LRB098 07643 HLH 37715 b

19:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
2the ensuing general election. Such application shall be heard
3by the county clerk or his duly authorized representative at
4the time the application is presented. If the applicant for
5registration has registered with the county clerk, such
6application may be presented to and heard by the county clerk
7or by his duly authorized representative upon the dates
8specified above or at any time prior thereto designated by the
9county clerk.
10    Any otherwise qualified person who is absent from his
11county of residence either due to business of the United States
12or because he is temporarily outside the territorial limits of
13the United States may become registered by mailing an
14application to the county clerk within the periods of
15registration provided for in this Article, or by simultaneous
16application for absentee registration and absentee ballot as
17provided in Article 20 of this Code.
18    Upon receipt of such application the county clerk shall
19immediately mail an affidavit of registration in duplicate,
20which affidavit shall contain the following and such other
21information as the State Board of Elections may think it proper
22to require for the identification of the applicant:
23    Name. The name of the applicant, giving surname and first
24or Christian name in full, and the middle name or the initial
25for such middle name, if any.
26    Sex.

 

 

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1    Residence. The name and number of the street, avenue or
2other location of the dwelling, and such additional clear and
3definite description as may be necessary to determine the exact
4location of the dwelling of the applicant. Where the location
5cannot be determined by street and number, then the Section,
6congressional township and range number may be used, or such
7other information as may be necessary, including post office
8mailing address.
9    Electronic mail address, if the registrant has provided
10this information.
11    Term of residence in the State of Illinois and the
12precinct.
13    Nativity. The State or country in which the applicant was
14born.
15    Citizenship. Whether the applicant is native born or
16naturalized. If naturalized, the court, place and date of
17naturalization.
18    Age. Date of birth, by month, day and year.
19    Out of State address of ..........................
20
AFFIDAVIT OF REGISTRATION
21State of ...........)  
22                   )ss
23County of ..........)
24    I hereby swear (or affirm) that I am a citizen of the
25United States; that on the day of the next election I shall
26have resided in the State of Illinois and in the election

 

 

HB2418 Enrolled- 32 -LRB098 07643 HLH 37715 b

1precinct 30 days; that I am fully qualified to vote, that I am
2not registered to vote anywhere else in the United States, that
3I intend to remain a resident of the State of Illinois and of
4the election precinct, that I intend to return to the State of
5Illinois, and that the above statements are true.
6
..............................
7
(His or her signature or mark)
8    Subscribed and sworn to before me, an officer qualified to
9administer oaths, on (insert date).
10
........................................
11
Signature of officer administering oath.
12    Upon receipt of the executed duplicate affidavit of
13Registration, the county clerk shall transfer the information
14contained thereon to duplicate Registration Cards provided for
15in Section 4-8 of this Article and shall attach thereto a copy
16of each of the duplicate affidavit of registration and
17thereafter such registration card and affidavit shall
18constitute the registration of such person the same as if he
19had applied for registration in person.
20(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
2196-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
2297-813, eff. 7-13-12.)
 
23    (10 ILCS 5/4-12)  (from Ch. 46, par. 4-12)
24    Sec. 4-12. Any voter or voters in the township, city,
25village or incorporated town containing such precinct, and any

 

 

HB2418 Enrolled- 33 -LRB098 07643 HLH 37715 b

1precinct committeeman in the county, may, between the hours of
29:00 a.m. and 5:00 p.m. of Monday and Tuesday of the second
3week prior to the week in which the 1970 primary election for
4the nomination of candidates for State and county offices or
5any election thereafter is to be held, make application in
6writing, to the county clerk, to have any name upon the
7register of any precinct erased. Such application shall be, in
8substance, in the words and figures following:
9    "I being a qualified voter, registered from No. .... Street
10in the .... precinct of the .... ward of the city (village or
11town of) .... (or of the .... town of ....) do hereby solemnly
12swear (or affirm) that .... registered from No. .... Street is
13not a qualified voter in the .... precinct of .... ward of the
14city (village or town) of .... (or of the .... town of ....)
15and hence I ask that his name be erased from the register of
16such precinct for the following reason .....
17    Affiant further says that he has personal knowledge of the
18facts set forth in the above affidavit.
19
(Signed) .....
20    Subscribed and sworn to before me on (insert date).
21
....
22
....
23
....."

 
24    Such application shall be signed and sworn to by the
25applicant before the county clerk or any deputy authorized by

 

 

HB2418 Enrolled- 34 -LRB098 07643 HLH 37715 b

1the county clerk for that purpose, and filed with said clerk.
2Thereupon notice of such application, and of the time and place
3of hearing thereon, with a demand to appear before the county
4clerk and show cause why his name shall not be erased from said
5register, shall be mailed, in an envelope duly stamped and
6directed to such person at the address upon said register, at
7least four days before the day fixed in said notice to show
8cause. If such person has provided the election authority with
9an e-mail address, then the election authority shall also send
10the same notice by electronic mail at least 4 days before the
11day fixed in said notice to show cause.
12    A like notice shall be mailed to the person or persons
13making the application to have the name upon such register
14erased to appear and show cause why said name should be erased,
15the notice to set out the day and hour of such hearing. If the
16voter making such application fails to appear before said clerk
17at the time set for the hearing as fixed in the said notice or
18fails to show cause why the name upon such register shall be
19erased, the application to erase may be dismissed by the county
20clerk.
21    Any voter making the application is privileged from arrest
22while presenting it to the county clerk, and while going to and
23from the office of the county clerk.
24(Source: P.A. 91-357, eff. 7-29-99.)
 
25    (10 ILCS 5/4-15)  (from Ch. 46, par. 4-15)

 

 

HB2418 Enrolled- 35 -LRB098 07643 HLH 37715 b

1    Sec. 4-15. Within 5 days after a person registers or
2transfers his registration with at the office of the election
3authority county clerk, such election authority clerk shall
4send by mail, and by electronic mail if the registrant has
5provided the election authority with an e-mail address, a
6certificate to such person setting forth the elector's name and
7address as it appears upon the registration record card, and
8shall request him in case of any error to present the
9certificate on or before the 7th day next ensuing at the office
10of the election authority county clerk in order to secure
11correction of the error. The certificate shall contain on the
12outside a request for the postmaster to return it within 5 days
13if it cannot be delivered to the addressee at the address given
14thereon. Upon the return by the post office of a certificate
15which it has been unable to deliver at the given address
16because the addressee cannot be found there or because no such
17address exists, a notice shall be at once sent through the
18United States mail to such person at the address appearing upon
19his registration record card requiring him to appear before the
20election authority county clerk, within 5 days, to answer
21questions touching his right to register. If the person
22notified fails to appear at the election authority's county
23clerk's office within 5 days as directed or if he appears and
24fails to prove his right to register, the election authority
25county clerk shall mark his registration card as incomplete and
26he shall not be permitted to vote until his registration is

 

 

HB2418 Enrolled- 36 -LRB098 07643 HLH 37715 b

1satisfactorily completed.
2    If an elector possesses such a certificate valid on its
3face, if his name does not expressly appear to have been erased
4or withdrawn from the precinct list as corrected and revised as
5provided by Section 4-11 of this Article, if he makes an
6affidavit and attaches such certificate thereto, and if such
7affidavit substantially in the form prescribed in Section 17-10
8of this Act is sworn to before a judge of election on suitable
9forms provided by the election authority county clerk for that
10purpose, such elector shall be permitted to vote even though
11his duplicate registration card is not to be found in the
12precinct binder and even though his name is not to be found
13upon the printed or any other list.
14(Source: Laws 1961, p. 3394.)
 
15    (10 ILCS 5/4-33)
16    Sec. 4-33. Computerization of voter records.
17    (a) The State Board of Elections shall design a
18registration record card that, except as otherwise provided in
19this Section, shall be used in duplicate by all election
20authorities in the State adopting a computer-based voter
21registration file as provided in this Section. The Board shall
22prescribe the form and specifications, including but not
23limited to the weight of paper, color, and print of the cards.
24The cards shall contain boxes or spaces for the information
25required under Sections 4-8 and 4-21; provided that the cards

 

 

HB2418 Enrolled- 37 -LRB098 07643 HLH 37715 b

1shall also contain: (i) A space for a person to fill in his or
2her Illinois driver's license number if the person has a
3driver's license; (ii) A space for a person without a driver's
4license to fill in the last four digits of his or her social
5security number if the person has a social security number.
6    (b) The election authority may develop and implement a
7system to prepare, use, and maintain a computer-based voter
8registration file that includes a computer-stored image of the
9signature of each voter. The computer-based voter registration
10file may be used for all purposes for which the original
11registration cards are to be used, provided that a system for
12the storage of at least one copy of the original registration
13cards remains in effect. In the case of voter registration
14forms received via an online voter registration system, the
15original registration cards will include the signature
16received from the Secretary of State database. The electronic
17file shall be the master file.
18    (c) Any system created, used, and maintained under
19subsection (b) of this Section shall meet the following
20standards:
21        (1) Access to any computer-based voter registration
22    file shall be limited to those persons authorized by the
23    election authority, and each access to the computer-based
24    voter registration file, other than an access solely for
25    inquiry, shall be recorded.
26        (2) No copy, summary, list, abstract, or index of any

 

 

HB2418 Enrolled- 38 -LRB098 07643 HLH 37715 b

1    computer-based voter registration file that includes any
2    computer-stored image of the signature of any registered
3    voter shall be made available to the public outside of the
4    offices of the election authority.
5        (3) Any copy, summary, list, abstract, or index of any
6    computer-based voter registration file that includes a
7    computer-stored image of the signature of a registered
8    voter shall be produced in such a manner that it cannot be
9    reproduced.
10        (4) Each person desiring to vote shall sign an
11    application for a ballot, and the signature comparison
12    authorized in Articles 17 and 18 of this Code may be made
13    to a copy of the computer-stored image of the signature of
14    the registered voter.
15        (5) Any voter list produced from a computer-based voter
16    registration file that includes computer-stored images of
17    the signatures of registered voters and is used in a
18    polling place during an election shall be preserved by the
19    election authority in secure storage until the end of the
20    second calendar year following the election in which it was
21    used.
22    (d) Before the first election in which the election
23authority elects to use a voter list produced from the
24computer-stored images of the signatures of registered voters
25in a computer-based voter registration file for signature
26comparison in a polling place, the State Board of Elections

 

 

HB2418 Enrolled- 39 -LRB098 07643 HLH 37715 b

1shall certify that the system used by the election authority
2complies with the standards set forth in this Section. The
3State Board of Elections may request a sample poll list
4intended to be used in a polling place to test the accuracy of
5the list and the adequacy of the computer-stored images of the
6signatures of the registered voters.
7    (e) With respect to a jurisdiction that has copied all of
8its voter signatures into a computer-based registration file,
9all references in this Act or any other Act to the use, other
10than storage, of paper-based voter registration records shall
11be deemed to refer to their computer-based equivalents.
12    (f) Nothing in this Section prevents an election authority
13from submitting to the State Board of Elections a duplicate
14copy of some, as the State Board of Elections shall determine,
15or all of the data contained in each voter registration record
16that is part of the electronic master file. The duplicate copy
17of the registration record shall be maintained by the State
18Board of Elections under the same terms and limitations
19applicable to the election authority and shall be of equal
20legal dignity with the original registration record maintained
21by the election authority as proof of any fact contained in the
22voter registration record.
23(Source: P.A. 93-574, eff. 8-21-03.)
 
24    (10 ILCS 5/4-50)
25    Sec. 4-50. Grace period. Notwithstanding any other

 

 

HB2418 Enrolled- 40 -LRB098 07643 HLH 37715 b

1provision of this Code to the contrary, each election authority
2shall establish procedures for the registration of voters and
3for change of address during the period from the close of
4registration for a primary or election and until the 3rd day
5before the primary or election. During this grace period, an
6unregistered qualified elector may register to vote, and a
7registered voter may submit a change of address form, in person
8in the office of the election authority or at a voter
9registration location specifically designated for this purpose
10by the election authority. The election authority shall
11register that individual, or change a registered voter's
12address, in the same manner as otherwise provided by this
13Article for registration and change of address.
14    If a voter who registers or changes address during this
15grace period wishes to vote at the first election or primary
16occurring after the grace period, he or she must do so by grace
17period voting, either in person in the office of the election
18authority or at a location specifically designated for this
19purpose by the election authority, or by mail, at the
20discretion of the election authority. The election authority
21shall offer in-person grace period voting at the authority's
22office and may offer in-person grace period voting at
23additional locations specifically designated for the purpose
24of grace period voting by the election authority. The election
25authority may allow grace period voting by mail only if the
26election authority has no ballots prepared at the authority's

 

 

HB2418 Enrolled- 41 -LRB098 07643 HLH 37715 b

1office. Grace period voting shall be in a manner substantially
2similar to voting under Article 19.
3    Within one day after a voter casts a grace period ballot,
4or within one day after the ballot is received by the election
5authority if the election authority allows grace period voting
6by mail, the election authority shall transmit by electronic
7means pursuant to a process established by the State Board of
8Elections the voter's name, street address, e-mail address, and
9precinct, ward, township, and district numbers, as the case may
10be, to the State Board of Elections, which shall maintain those
11names and that information in an electronic format on its
12website, arranged by county and accessible to State and local
13political committees. The name of each person issued a grace
14period ballot shall also be placed on the appropriate precinct
15list of persons to whom absentee and early ballots have been
16issued, for use as provided in Sections 17-9 and 18-5.
17    A person who casts a grace period ballot shall not be
18permitted to revoke that ballot and vote another ballot with
19respect to that primary or election. Ballots cast by persons
20who register or change address during the grace period must be
21transmitted to and counted at the election authority's central
22ballot counting location and shall not be transmitted to and
23counted at precinct polling places. The grace period ballots
24determined to be valid shall be added to the vote totals for
25the precincts for which they were cast in the order in which
26the ballots were opened.

 

 

HB2418 Enrolled- 42 -LRB098 07643 HLH 37715 b

1(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
 
2    (10 ILCS 5/5-7)   (from Ch. 46, par. 5-7)
3    Sec. 5-7. The county clerk shall provide a sufficient
4number of blank forms for the registration of electors which
5shall be known as registration record cards and which shall
6consist of loose leaf sheets or cards, of suitable size to
7contain in plain writing and figures the data hereinafter
8required thereon or shall consist of computer cards of suitable
9nature to contain the data required thereon. The registration
10record cards, which shall include an affidavit of registration
11as hereinafter provided, shall be executed in duplicate.
12    The registration record card shall contain the following
13and such other information as the county clerk may think it
14proper to require for the identification of the applicant for
15registration:
16    Name. The name of the applicant, giving surname and first
17or Christian name in full, and the middle name or the initial
18for such middle name, if any.
19    Sex.
20    Residence. The name and number of the street, avenue, or
21other location of the dwelling, including the apartment, unit
22or room number, if any, and in the case of a mobile home the lot
23number, and such additional clear and definite description as
24may be necessary to determine the exact location of the
25dwelling of the applicant, including post-office mailing

 

 

HB2418 Enrolled- 43 -LRB098 07643 HLH 37715 b

1address. In the case of a homeless individual, the individual's
2voting residence that is his or her mailing address shall be
3included on his or her registration record card.
4    Term of residence in the State of Illinois and the
5precinct. Which questions may be answered by the applicant
6stating, in excess of 30 days in the State and in excess of 30
7days in the precinct.
8    Nativity. The State or country in which the applicant was
9born.
10    Citizenship. Whether the applicant is native born or
11naturalized. If naturalized, the court, place and date of
12naturalization.
13    Date of application for registration, i.e., the day, month
14and year when applicant presented himself for registration.
15    Age. Date of birth, by month, day and year.
16    Physical disability of the applicant, if any, at the time
17of registration, which would require assistance in voting.
18    The county and state in which the applicant was last
19registered.
20    Electronic mail address, if any.
21    Signature of voter. The applicant, after the registration
22and in the presence of a deputy registrar or other officer of
23registration shall be required to sign his or her name in ink
24to the affidavit on the original and duplicate registration
25record card.
26    Signature of Deputy Registrar.

 

 

HB2418 Enrolled- 44 -LRB098 07643 HLH 37715 b

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

 

 

HB2418 Enrolled- 45 -LRB098 07643 HLH 37715 b

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

 

 

HB2418 Enrolled- 46 -LRB098 07643 HLH 37715 b

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

 

 

HB2418 Enrolled- 47 -LRB098 07643 HLH 37715 b

1obtain compliance forthwith with this nondiscretionary duty of
2the election authority by instituting legal proceedings in the
3circuit court of the county in which the election authority
4maintains the registration information. The costs of
5furnishing updated copies of tapes or discs shall be paid at a
6rate of $.00034 per name of registered voters in the election
7jurisdiction, but not less than $50 per tape or disc and shall
8be paid from appropriations made to the State Board of
9Elections for reimbursement to the election authority for such
10purpose. The State Board shall furnish copies of such tapes,
11discs, other electronic data or compilations thereof to state
12political committees registered pursuant to the Illinois
13Campaign Finance Act or the Federal Election Campaign Act and
14to governmental entities, at their request and at a reasonable
15cost. To protect the privacy and confidentiality of voter
16registration information, the disclosure of electronic voter
17registration records to any person or entity other than to a
18State or local political committee and other than to a
19governmental entity for a governmental purpose is specifically
20prohibited except as follows: subject to security measures
21adopted by the State Board of Elections which, at a minimum,
22shall include the keeping of a catalog or database, available
23for public view, including the name, address, and telephone
24number of the person viewing the list as well as the time of
25that viewing, any person may view the centralized statewide
26voter registration list on a computer screen at the Springfield

 

 

HB2418 Enrolled- 48 -LRB098 07643 HLH 37715 b

1office of the State Board of Elections, during normal business
2hours other than during the 27 days before an election, but the
3person viewing the list under this exception may not print,
4duplicate, transmit, or alter the list. Copies of the tapes,
5discs or other electronic data shall be furnished by the county
6clerk to local political committees and governmental entities
7at their request and at a reasonable cost. Reasonable cost of
8the tapes, discs, et cetera for this purpose would be the cost
9of duplication plus 15% for administration. The individual
10representing a political committee requesting copies of such
11tapes shall make a sworn affidavit that the information shall
12be used only for bona fide political purposes, including by or
13for candidates for office or incumbent office holders. Such
14tapes, discs or other electronic data shall not be used under
15any circumstances by any political committee or individuals for
16purposes of commercial solicitation or other business
17purposes. If such tapes contain information on county residents
18related to the operations of county government in addition to
19registration information, that information shall not be used
20under any circumstances for commercial solicitation or other
21business purposes. The prohibition in this Section against
22using the computer tapes or computer discs or other electronic
23data processing information containing voter registration
24information for purposes of commercial solicitation or other
25business purposes shall be prospective only from the effective
26date of this amended Act of 1979. Any person who violates this

 

 

HB2418 Enrolled- 49 -LRB098 07643 HLH 37715 b

1provision shall be guilty of a Class 4 felony.
2    The State Board of Elections shall promulgate, by October
31, 1987, such regulations as may be necessary to ensure
4uniformity throughout the State in electronic data processing
5of voter registration information. The regulations shall
6include, but need not be limited to, specifications for uniform
7medium, communications protocol and file structure to be
8employed by the election authorities of this State in the
9electronic data processing of voter registration information.
10Each election authority utilizing electronic data processing
11of voter registration information shall comply with such
12regulations on and after May 15, 1988.
13    If the applicant for registration was last registered in
14another county within this State, he shall also sign a
15certificate authorizing cancellation of the former
16registration. The certificate shall be in substantially the
17following form:
18To the County Clerk of .... County, Illinois. To the Election
19Commission of the City of ...., Illinois.
20    This is to certify that I am registered in your (county)
21(city) and that my residence was .....
22    Having moved out of your (county) (city), I hereby
23authorize you to cancel said registration in your office.
24Dated at .... Illinois, on (insert date).
25
....................
26
(Signature of Voter)

 

 

HB2418 Enrolled- 50 -LRB098 07643 HLH 37715 b

1
Attest ......, County Clerk, ........ County, Illinois.
2    The cancellation certificate shall be mailed immediately
3by the county clerk to the county clerk (or election commission
4as the case may be) where the applicant was formerly
5registered. Receipt of such certificate shall be full authority
6for cancellation of any previous registration.
7(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04;
894-136, eff. 7-7-05.)
 
9    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
10    Sec. 5-9. Except as herein provided, no person shall be
11registered unless he applies in person to registration officer,
12answers such relevant questions as may be asked of him by the
13registration officer, and executes the affidavit of
14registration. The registration officer shall require the
15applicant to furnish two forms of identification, and except in
16the case of a homeless individual, one of which must include
17his or her residence address. These forms of identification
18shall include, but not be limited to, any of the following:
19driver's license, social security card, public aid
20identification card, utility bill, employee or student
21identification card, lease or contract for a residence, credit
22card, or a civic, union or professional association membership
23card. The registration officer shall require a homeless
24individual to furnish evidence of his or her use of the mailing
25address stated. This use may be demonstrated by a piece of mail

 

 

HB2418 Enrolled- 51 -LRB098 07643 HLH 37715 b

1addressed to that individual and received at that address or by
2a statement from a person authorizing use of the mailing
3address. The registration officer shall require each applicant
4for registration to read or have read to him the affidavit of
5registration before permitting him to execute the affidavit.
6    One of the Deputy Registrars, the Judge of Registration, or
7an Officer of Registration, County Clerk, or clerk in the
8office of the County Clerk, shall administer to all persons who
9shall personally apply to register the following oath or
10affirmation:
11    "You do solemnly swear (or affirm) that you will fully and
12truly answer all such questions as shall be put to you touching
13your place of residence, name, place of birth, your
14qualifications as an elector and your right as such to register
15and vote under the laws of the State of Illinois."
16    The Registration Officer shall satisfy himself that each
17applicant for registration is qualified to register before
18registering him. If the registration officer has reason to
19believe that the applicant is a resident of a Soldiers' and
20Sailors' Home or any facility which is licensed or certified
21pursuant to the Nursing Home Care Act, the Specialized Mental
22Health Rehabilitation Act, or the ID/DD Community Care Act, the
23following question shall be put, "When you entered the home
24which is your present address, was it your bona fide intention
25to become a resident thereof?" Any voter of a township, city,
26village or incorporated town in which such applicant resides,

 

 

HB2418 Enrolled- 52 -LRB098 07643 HLH 37715 b

1shall be permitted to be present at the place of precinct
2registration, and shall have the right to challenge any
3applicant who applies to be registered.
4    In case the officer is not satisfied that the applicant is
5qualified, he shall forthwith in writing notify such applicant
6to appear before the County Clerk to furnish further proof of
7his qualifications. Upon the card of such applicant shall be
8written the word "Incomplete" and no such applicant shall be
9permitted to vote unless such registration is satisfactorily
10completed as hereinafter provided. No registration shall be
11taken and marked as "incomplete" if information to complete it
12can be furnished on the date of the original application.
13    Any person claiming to be an elector in any election
14precinct in such township, city, village or incorporated town
15and whose registration is marked "Incomplete" may make and sign
16an application in writing, under oath, to the County Clerk in
17substance in the following form:
18    "I do solemnly swear that I, .........., did on (insert
19date) make application to the Board of Registry of the ........
20precinct of ........ ward of the City of .... or of the
21......... District ......... Town of .......... (or to the
22County Clerk of .............) and ............ County; that
23said Board or Clerk refused to complete my registration as a
24qualified voter in said precinct, that I reside in said
25precinct (or that I intend to reside in said precinct), am a
26duly qualified voter and entitled to vote in said precinct at

 

 

HB2418 Enrolled- 53 -LRB098 07643 HLH 37715 b

1the next election.
2
...........................
3
(Signature of Applicant)"
4    All such applications shall be presented to the County
5Clerk by the applicant, in person between the hours of nine
6o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
7the third week subsequent to the weeks in which the 1961 and
81962 precinct re-registrations are to be held, and thereafter
9for the registration provided in Section 5-17 of this Article,
10all such applications shall be presented to the County Clerk by
11the applicant in person between the hours of nine o'clock a.m.
12and nine o'clock p.m. on Monday and Tuesday of the third week
13prior to the date on which such election is to be held.
14    Any otherwise qualified person who is absent from his
15county of residence either due to business of the United States
16or because he is temporarily outside the territorial limits of
17the United States may become registered by mailing an
18application to the county clerk within the periods of
19registration provided for in this Article or by simultaneous
20application for absentee registration and absentee ballot as
21provided in Article 20 of this Code.
22    Upon receipt of such application the county clerk shall
23immediately mail an affidavit of registration in duplicate,
24which affidavit shall contain the following and such other
25information as the State Board of Elections may think it proper
26to require for the identification of the applicant:

 

 

HB2418 Enrolled- 54 -LRB098 07643 HLH 37715 b

1    Name. The name of the applicant, giving surname and first
2or Christian name in full, and the middle name or the initial
3for such middle name, if any.
4    Sex.
5    Residence. The name and number of the street, avenue or
6other location of the dwelling, and such additional clear and
7definite description as may be necessary to determine the exact
8location of the dwelling of the applicant. Where the location
9cannot be determined by street and number, then the Section,
10congressional township and range number may be used, or such
11other information as may be necessary, including post office
12mailing address.
13    Electronic mail address, if the registrant has provided
14this information.
15    Term of residence in the State of Illinois and the
16precinct.
17    Nativity. The State or country in which the applicant was
18born.
19    Citizenship. Whether the applicant is native born or
20naturalized. If naturalized, the court, place and date of
21naturalization.
22    Age. Date of birth, by month, day and year.
23    Out of State address of ..........................
24
AFFIDAVIT OF REGISTRATION
25State of .........)  
26                 )ss

 

 

HB2418 Enrolled- 55 -LRB098 07643 HLH 37715 b

1County of ........)
2    I hereby swear (or affirm) that I am a citizen of the
3United States; that on the day of the next election I shall
4have resided in the State of Illinois for 6 months and in the
5election precinct 30 days; that I am fully qualified to vote,
6that I am not registered to vote anywhere else in the United
7States, that I intend to remain a resident of the State of
8Illinois and of the election precinct, that I intend to return
9to the State of Illinois, and that the above statements are
10true.
11
..............................
12
(His or her signature or mark)
13    Subscribed and sworn to before me, an officer qualified to
14administer oaths, on (insert date).
15
........................................
16
Signature of officer administering oath.

 
17    Upon receipt of the executed duplicate affidavit of
18Registration, the county clerk shall transfer the information
19contained thereon to duplicate Registration Cards provided for
20in Section 5-7 of this Article and shall attach thereto a copy
21of each of the duplicate affidavit of registration and
22thereafter such registration card and affidavit shall
23constitute the registration of such person the same as if he
24had applied for registration in person.
25    

 

 

HB2418 Enrolled- 56 -LRB098 07643 HLH 37715 b

1(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10;
296-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12;
397-813, eff. 7-13-12.)
 
4    (10 ILCS 5/5-15)  (from Ch. 46, par. 5-15)
5    Sec. 5-15. Any voter or voters in the township, city,
6village, or incorporated town containing such precinct, and any
7precinct committeeman in the county, may, between the hours of
8nine o'clock a.m. and six o'clock p.m. of the Monday and
9Tuesday of the third week immediately preceding the week in
10which such April 10, 1962 Primary Election is to be held, make
11application in writing, before such County Clerk, to have any
12name upon such register of any precinct erased. Thereafter such
13application shall be made between the hours of nine o'clock
14a.m. and six o'clock p.m. of Monday and Tuesday of the second
15week prior to the week in which any county, city, village,
16township, or incorporated town election is to be held. Such
17application shall be in substance, in the words and figures
18following:
19    "I, being a qualified voter, registered from No. ....
20Street in the .... precinct of the .... Ward of the city
21(village or town of .... ) of the .... District .... town of
22.... do hereby solemnly swear (or affirm) that .... registered
23from No. .... Street is not a qualified voter in the ....
24precinct of the .... ward of the city (village or town) of ....
25or of the .... district town of .... hence I ask that his name

 

 

HB2418 Enrolled- 57 -LRB098 07643 HLH 37715 b

1be erased from the register of such precinct for the following
2reason ..... Affiant further says that he has personal
3knowledge of the facts set forth in the above affidavit.
4
(Signed) .....
5    Subscribed and sworn to before me on (insert date).
6
....
7
....
8
...."
9    Such application shall be signed and sworn to by the
10applicant before the County Clerk or any Deputy authorized by
11the County Clerk for that purpose, and filed with the Clerk.
12Thereupon notice of such application, with a demand to appear
13before the County Clerk and show cause why his name shall not
14be erased from the register, shall be mailed by special
15delivery, duly stamped and directed, to such person, to the
16address upon said register at least 4 days before the day fixed
17in said notice to show cause. If such person has provided the
18election authority with an e-mail address, then the election
19authority shall also send the same notice by electronic mail at
20least 4 days before the day fixed in said notice to show cause.
21    A like notice shall be mailed to the person or persons
22making the application to have the name upon such register
23erased to appear and show cause why the name should be erased,
24the notice to set out the day and hour of such hearing. If the
25voter making such application fails to appear before the Clerk
26at the time set for the hearing as fixed in the said notice or

 

 

HB2418 Enrolled- 58 -LRB098 07643 HLH 37715 b

1fails to show cause why the name upon such register shall be
2erased, the application may be dismissed by the County Clerk.
3    Any voter making such application or applications shall be
4privileged from arrest while presenting the same to the County
5Clerk, and whilst going to and returning from the office of the
6County Clerk.
7(Source: P.A. 91-357, eff. 7-29-99.)
 
8    (10 ILCS 5/5-21)  (from Ch. 46, par. 5-21)
9    Sec. 5-21. To each person who registers at the office of
10the county, city, village, incorporated town or town clerk, or
11any place designated by the Board of County Commissioners under
12section 5-17 of article 5 and within five days thereafter, the
13election authority County Clerk shall send by mail, and
14electronic mail if the registrant has provided the election
15authority with an e-mail address, a notice setting forth the
16elector's name and address as it appears on the registration
17record card, and shall request him in case of any error to
18present the notice on or before the seventh day next ensuing at
19the office of the election authority County Clerk in order to
20secure the correction of the error. Such notice shall contain
21on the outside a request for the postmaster to return it within
22five days if it cannot be delivered to the addressee at the
23address given thereon. Upon the return by the post office of
24such notice which it has been unable to deliver at the given
25address because the addressee cannot be found there, a notice

 

 

HB2418 Enrolled- 59 -LRB098 07643 HLH 37715 b

1shall be at once sent through the United States mail to such
2person at the address appearing upon his registration record
3card requiring him to appear before the election authority
4County Clerk, within five days, to answer questions touching
5his right to register. If the person notified fails to appear
6at the election authority's County Clerk's office within five
7days as directed or if he appears and fails to prove his right
8to register, the election authority County Clerk shall cancel
9his registration.
10(Source: P.A. 80-1469.)
 
11    (10 ILCS 5/5-43)
12    Sec. 5-43. Computerization of voter records.
13    (a) The State Board of Elections shall design a
14registration record card that, except as otherwise provided in
15this Section, shall be used in duplicate by all election
16authorities in the State adopting a computer-based voter
17registration file as provided in this Section. The Board shall
18prescribe the form and specifications, including but not
19limited to the weight of paper, color, and print of the cards.
20The cards shall contain boxes or spaces for the information
21required under Sections 5-7 and 5-28.1; provided that the cards
22shall also contain: (i) A space for the person to fill in his
23or her Illinois driver's license number if the person has a
24driver's license; (ii) A space for a person without a driver's
25license to fill in the last four digits of his or her social

 

 

HB2418 Enrolled- 60 -LRB098 07643 HLH 37715 b

1security number if the person has a social security number.
2    (b) The election authority may develop and implement a
3system to prepare, use, and maintain a computer-based voter
4registration file that includes a computer-stored image of the
5signature of each voter. The computer-based voter registration
6file may be used for all purposes for which the original
7registration cards are to be used, provided that a system for
8the storage of at least one copy of the original registration
9cards remains in effect. In the case of voter registration
10forms received via an online voter registration system, the
11original registration cards will include the signature
12received from the Secretary of State database. The electronic
13file shall be the master file.
14    (c) Any system created, used, and maintained under
15subsection (b) of this Section shall meet the following
16standards:
17        (1) Access to any computer-based voter registration
18    file shall be limited to those persons authorized by the
19    election authority, and each access to the computer-based
20    voter registration file, other than an access solely for
21    inquiry, shall be recorded.
22        (2) No copy, summary, list, abstract, or index of any
23    computer-based voter registration file that includes any
24    computer-stored image of the signature of any registered
25    voter shall be made available to the public outside of the
26    offices of the election authority.

 

 

HB2418 Enrolled- 61 -LRB098 07643 HLH 37715 b

1        (3) Any copy, summary, list, abstract, or index of any
2    computer-based voter registration file that includes a
3    computer-stored image of the signature of a registered
4    voter shall be produced in such a manner that it cannot be
5    reproduced.
6        (4) Each person desiring to vote shall sign an
7    application for a ballot, and the signature comparison
8    authorized in Articles 17 and 18 of this Code may be made
9    to a copy of the computer-stored image of the signature of
10    the registered voter.
11        (5) Any voter list produced from a computer-based voter
12    registration file that includes computer-stored images of
13    the signatures of registered voters and is used in a
14    polling place during an election shall be preserved by the
15    election authority in secure storage until the end of the
16    second calendar year following the election in which it was
17    used.
18    (d) Before the first election in which the election
19authority elects to use a voter list produced from the
20computer-stored images of the signatures of registered voters
21in a computer-based voter registration file for signature
22comparison in a polling place, the State Board of Elections
23shall certify that the system used by the election authority
24complies with the standards set forth in this Section. The
25State Board of Elections may request a sample poll list
26intended to be used in a polling place to test the accuracy of

 

 

HB2418 Enrolled- 62 -LRB098 07643 HLH 37715 b

1the list and the adequacy of the computer-stored images of the
2signatures of the registered voters.
3    (e) With respect to a jurisdiction that has copied all of
4its voter signatures into a computer-based registration file,
5all references in this Act or any other Act to the use, other
6than storage, of paper-based voter registration records shall
7be deemed to refer to their computer-based equivalents.
8    (f) Nothing in this Section prevents an election authority
9from submitting to the State Board of Elections a duplicate
10copy of some, as the State Board of Elections shall determine,
11or all of the data contained in each voter registration record
12that is part of the electronic master file. The duplicate copy
13of the registration record shall be maintained by the State
14Board of Elections under the same terms and limitations
15applicable to the election authority and shall be of equal
16legal dignity with the original registration record maintained
17by the election authority as proof of any fact contained in the
18voter registration record.
19(Source: P.A. 93-574, eff. 8-21-03.)
 
20    (10 ILCS 5/5-50)
21    Sec. 5-50. Grace period. Notwithstanding any other
22provision of this Code to the contrary, each election authority
23shall establish procedures for the registration of voters and
24for change of address during the period from the close of
25registration for a primary or election and until the 3rd day

 

 

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1before the primary or election. During this grace period, an
2unregistered qualified elector may register to vote, and a
3registered voter may submit a change of address form, in person
4in the office of the election authority or at a voter
5registration location specifically designated for this purpose
6by the election authority. The election authority shall
7register that individual, or change a registered voter's
8address, in the same manner as otherwise provided by this
9Article for registration and change of address.
10    If a voter who registers or changes address during this
11grace period wishes to vote at the first election or primary
12occurring after the grace period, he or she must do so by grace
13period voting, either in person in the office of the election
14authority or at a location specifically designated for this
15purpose by the election authority, or by mail, at the
16discretion of the election authority. The election authority
17shall offer in-person grace period voting at his or her office
18and may offer in-person grace period voting at additional
19locations specifically designated for the purpose of grace
20period voting by the election authority. The election authority
21may allow grace period voting by mail only if the election
22authority has no ballots prepared at the authority's office.
23Grace period voting shall be in a manner substantially similar
24to voting under Article 19.
25    Within one day after a voter casts a grace period ballot,
26or within one day after the ballot is received by the election

 

 

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1authority if the election authority allows grace period voting
2by mail, the election authority shall transmit by electronic
3means pursuant to a process established by the State Board of
4Elections the voter's name, street address, e-mail address, and
5precinct, ward, township, and district numbers, as the case may
6be, to the State Board of Elections, which shall maintain those
7names and that information in an electronic format on its
8website, arranged by county and accessible to State and local
9political committees. The name of each person issued a grace
10period ballot shall also be placed on the appropriate precinct
11list of persons to whom absentee and early ballots have been
12issued, for use as provided in Sections 17-9 and 18-5.
13    A person who casts a grace period ballot shall not be
14permitted to revoke that ballot and vote another ballot with
15respect to that primary or election. Ballots cast by persons
16who register or change address during the grace period must be
17transmitted to and counted at the election authority's central
18ballot counting location and shall not be transmitted to and
19counted at precinct polling places. The grace period ballots
20determined to be valid shall be added to the vote totals for
21the precincts for which they were cast in the order in which
22the ballots were opened.
23(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
 
24    (10 ILCS 5/6-19.5 new)
25    Sec. 6-19.5. Rejection of Article by superseding county

 

 

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1board of election commissioners. In addition to any other
2method of rejection provided in this Article, when a county
3board of election commissioners is established in accordance
4with subsection (c) of Section 6A-1 in a county in which is
5located any portion of a municipality with a municipal board of
6election commissioners, the application of the provisions of
7this Article to the territory of that municipality located
8within that county is rejected.
 
9    (10 ILCS 5/6-29)  (from Ch. 46, par. 6-29)
10    Sec. 6-29. For the purpose of registering voters under this
11Article, the office of the Board of Election Commissioners
12shall be open during ordinary business hours of each week day,
13from 9 a.m. to 12 o'clock noon on the last four Saturdays
14immediately preceding the end of the period of registration
15preceding each election, and such other days and such other
16times as the board may direct. During the 27 days immediately
17preceding any election there shall be no registration of voters
18at the office of the Board of Election Commissioners in cities,
19villages and incorporated towns of fewer than 200,000
20inhabitants. In cities, villages and incorporated towns of
21200,000 or more inhabitants, there shall be no registration of
22voters at the office of the Board of Election Commissioners
23during the 35 days immediately preceding any election;
24provided, however, where no precinct registration is being
25conducted prior to any election then registration may be taken

 

 

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1in the office of the Board up to and including the 28th day
2prior to such election. The Board of Election Commissioners may
3set up and establish as many branch offices for the purpose of
4taking registrations as it may deem necessary, and the branch
5offices may be open on any or all dates and hours during which
6registrations may be taken in the main office. All officers and
7employees of the Board of Election Commissioners who are
8authorized by such board to take registrations under this
9Article shall be considered officers of the circuit court, and
10shall be subject to the same control as is provided by Section
1114-5 of this Act with respect to judges of election.
12    In any election called for the submission of the revision
13or alteration of, or the amendments to the Constitution,
14submitted by a Constitutional Convention, the final day for
15registration at the office of the election authority charged
16with the printing of the ballot of this election shall be the
1715th day prior to the date of election.
18    The Board of Election Commissioners shall appoint one or
19more registration teams, consisting of 2 of its employees for
20each team, for the purpose of accepting the registration of any
21voter who files an affidavit, within the period for taking
22registrations provided for in this article, that he is
23physically unable to appear at the office of the Board or at
24any appointed place of registration. On the day or days when a
25precinct registration is being conducted such teams shall
26consist of one member from each of the 2 leading political

 

 

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1parties who are serving on the Precinct Registration Board.
2Each team so designated shall visit each disabled person and
3shall accept the registration of such person the same as if he
4had applied for registration in person.
5    Any otherwise qualified person who is absent from his
6county of residence due to business of the United States, or
7who is temporarily residing outside the territorial limits of
8the United States, may make application to become registered by
9mail to the Board of Election Commissioners within the periods
10for registration provided for in this Article or by
11simultaneous application for absentee registration and
12absentee ballot as provided in Article 20 of this Code.
13    Upon receipt of such application the Board of Election
14Commissioners shall immediately mail an affidavit of
15registration in duplicate, which affidavit shall contain the
16following and such other information as the State Board of
17Elections may think it proper to require for the identification
18of the applicant:
19    Name. The name of the applicant, giving surname and first
20or Christian name in full, and the middle name or the initial
21for such middle name, if any.
22    Sex.
23    Residence. The name and number of the street, avenue or
24other location of the dwelling, and such additional clear and
25definite description as may be necessary to determine the exact
26location of the dwelling of the applicant. Where the location

 

 

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1cannot be determined by street and number, then the section,
2congressional township and range number may be used, or such
3other information as may be necessary, including post office
4mailing address.
5    Electronic mail address, if the registrant has provided
6this information.
7    Term of residence in the State of Illinois and the
8precinct.
9    Nativity. The state or country in which the applicant was
10born.
11    Citizenship. Whether the applicant is native born or
12naturalized. If naturalized, the court, place and date of
13naturalization.
14    Age. Date of birth, by month, day and year.
15    Out of State address of ..................
16    
AFFIDAVIT OF REGISTRATION
17State of .........)
18                  ) ss.
19County of ........)
20    I hereby swear (or affirm) that I am a citizen of the
21United States; that on the day of the next election I shall
22have resided in the State of Illinois and in the election
23precinct 30 days; that I am fully qualified to vote, that I am
24not registered to vote anywhere else in the United States, that
25I intend to remain a resident of the State of Illinois, and of
26the election precinct, that I intend to return to the State of

 

 

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1Illinois, and that the above statements are true.
2
..............................
3
(His or her signature or mark)
4    Subscribed and sworn to before me, an officer qualified to
5administer oaths, on (insert date).
6
........................................
7
Signature of officer administering oath.
8    Upon receipt of the executed duplicate affidavit of
9Registration, the Board of Election Commissioners shall
10transfer the information contained thereon to duplicate
11Registration Cards provided for in Section 6-35 of this Article
12and shall attach thereto a copy of each of the duplicate
13affidavit of registration and thereafter such registration
14card and affidavit shall constitute the registration of such
15person the same as if he had applied for registration in
16person.
17(Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
 
18    (10 ILCS 5/6-35)  (from Ch. 46, par. 6-35)
19    Sec. 6-35. The Boards of Election Commissioners shall
20provide a sufficient number of blank forms for the registration
21of electors which shall be known as registration record cards
22and which shall consist of loose leaf sheets or cards, of
23suitable size to contain in plain writing and figures the data
24hereinafter required thereon or shall consist of computer cards
25of suitable nature to contain the data required thereon. The

 

 

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1registration record cards, which shall include an affidavit of
2registration as hereinafter provided, shall be executed in
3duplicate. The duplicate of which may be a carbon copy of the
4original or a copy of the original made by the use of other
5method or material used for making simultaneous true copies or
6duplications.
7    The registration record card shall contain the following
8and such other information as the Board of Election
9Commissioners may think it proper to require for the
10identification of the applicant for registration:
11    Name. The name of the applicant, giving surname and first
12or Christian name in full, and the middle name or the initial
13for such middle name, if any.
14    Sex.
15    Residence. The name and number of the street, avenue, or
16other location of the dwelling, including the apartment, unit
17or room number, if any, and in the case of a mobile home the lot
18number, and such additional clear and definite description as
19may be necessary to determine the exact location of the
20dwelling of the applicant, including post-office mailing
21address. In the case of a homeless individual, the individual's
22voting residence that is his or her mailing address shall be
23included on his or her registration record card.
24    Term of residence in the State of Illinois and the
25precinct.
26    Nativity. The state or country in which the applicant was

 

 

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

 

 

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1    From what address did you last register? ....
2    Reason for inability to sign name ...........
3    Each applicant for registration shall make an affidavit in
4substantially the following form:
5
AFFIDAVIT OF REGISTRATION
6State of Illinois  )
7                   )ss
8County of .......  )
9    I hereby swear (or affirm) that I am a citizen of the
10United States, that on the day of the next election I shall
11have resided in the State of Illinois and in the election
12precinct 30 days and that I intend that this location is my
13residence; that I am fully qualified to vote, and that the
14above statements are true.
15
..............................
16
(His or her signature or mark)
17    Subscribed and sworn to before me on (insert date).
18......................................
19    Signature of registration officer
20(to be signed in presence of registrant).
21    Space shall be provided upon the face of each registration
22record card for the notation of the voting record of the person
23registered thereon.
24    Each registration record card shall be numbered according
25to wards or precincts, as the case may be, and may be serially
26or otherwise marked for identification in such manner as the

 

 

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1Board of Election Commissioners may determine.
2    The registration cards shall be deemed public records and
3shall be open to inspection during regular business hours,
4except during the 27 days immediately preceding any election.
5On written request of any candidate or objector or any person
6intending to object to a petition, the election authority shall
7extend its hours for inspection of registration cards and other
8records of the election authority during the period beginning
9with the filing of petitions under Sections 7-10, 8-8, 10-6 or
1028-3 and continuing through the termination of electoral board
11hearings on any objections to petitions containing signatures
12of registered voters in the jurisdiction of the election
13authority. The extension shall be for a period of hours
14sufficient to allow adequate opportunity for examination of the
15records but the election authority is not required to extend
16its hours beyond the period beginning at its normal opening for
17business and ending at midnight. If the business hours are so
18extended, the election authority shall post a public notice of
19such extended hours. Registration record cards may also be
20inspected, upon approval of the officer in charge of the cards,
21during the 27 days immediately preceding any election.
22Registration record cards shall also be open to inspection by
23certified judges and poll watchers and challengers at the
24polling place on election day, but only to the extent necessary
25to determine the question of the right of a person to vote or
26to serve as a judge of election. At no time shall poll watchers

 

 

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1or challengers be allowed to physically handle the registration
2record cards.
3    Updated copies of computer tapes or computer discs or other
4electronic data processing information containing voter
5registration information shall be furnished by the Board of
6Election Commissioners within 10 days after December 15 and May
715 each year and within 10 days after each registration period
8is closed to the State Board of Elections in a form prescribed
9by the State Board. For the purposes of this Section, a
10registration period is closed 27 days before the date of any
11regular or special election. Registration information shall
12include, but not be limited to, the following information:
13name, sex, residence, telephone number, if any, age, party
14affiliation, if applicable, precinct, ward, township, county,
15and representative, legislative and congressional districts.
16In the event of noncompliance, the State Board of Elections is
17directed to obtain compliance forthwith with this
18nondiscretionary duty of the election authority by instituting
19legal proceedings in the circuit court of the county in which
20the election authority maintains the registration information.
21The costs of furnishing updated copies of tapes or discs shall
22be paid at a rate of $.00034 per name of registered voters in
23the election jurisdiction, but not less than $50 per tape or
24disc and shall be paid from appropriations made to the State
25Board of Elections for reimbursement to the election authority
26for such purpose. The State Board shall furnish copies of such

 

 

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1tapes, discs, other electronic data or compilations thereof to
2state political committees registered pursuant to the Illinois
3Campaign Finance Act or the Federal Election Campaign Act and
4to governmental entities, at their request and at a reasonable
5cost. To protect the privacy and confidentiality of voter
6registration information, the disclosure of electronic voter
7registration records to any person or entity other than to a
8State or local political committee and other than to a
9governmental entity for a governmental purpose is specifically
10prohibited except as follows: subject to security measures
11adopted by the State Board of Elections which, at a minimum,
12shall include the keeping of a catalog or database, available
13for public view, including the name, address, and telephone
14number of the person viewing the list as well as the time of
15that viewing, any person may view the centralized statewide
16voter registration list on a computer screen at the Springfield
17office of the State Board of Elections, during normal business
18hours other than during the 27 days before an election, but the
19person viewing the list under this exception may not print,
20duplicate, transmit, or alter the list. Copies of the tapes,
21discs or other electronic data shall be furnished by the Board
22of Election Commissioners to local political committees and
23governmental entities at their request and at a reasonable
24cost. Reasonable cost of the tapes, discs, et cetera for this
25purpose would be the cost of duplication plus 15% for
26administration. The individual representing a political

 

 

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1committee requesting copies of such tapes shall make a sworn
2affidavit that the information shall be used only for bona fide
3political purposes, including by or for candidates for office
4or incumbent office holders. Such tapes, discs or other
5electronic data shall not be used under any circumstances by
6any political committee or individuals for purposes of
7commercial solicitation or other business purposes. If such
8tapes contain information on county residents related to the
9operations of county government in addition to registration
10information, that information shall not be used under any
11circumstances for commercial solicitation or other business
12purposes. The prohibition in this Section against using the
13computer tapes or computer discs or other electronic data
14processing information containing voter registration
15information for purposes of commercial solicitation or other
16business purposes shall be prospective only from the effective
17date of this amended Act of 1979. Any person who violates this
18provision shall be guilty of a Class 4 felony.
19    The State Board of Elections shall promulgate, by October
201, 1987, such regulations as may be necessary to ensure
21uniformity throughout the State in electronic data processing
22of voter registration information. The regulations shall
23include, but need not be limited to, specifications for uniform
24medium, communications protocol and file structure to be
25employed by the election authorities of this State in the
26electronic data processing of voter registration information.

 

 

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1Each election authority utilizing electronic data processing
2of voter registration information shall comply with such
3regulations on and after May 15, 1988.
4    If the applicant for registration was last registered in
5another county within this State, he shall also sign a
6certificate authorizing cancellation of the former
7registration. The certificate shall be in substantially the
8following form:
9To the County Clerk of .... County, Illinois.
10To the Election Commission of the City of ...., Illinois.
11    This is to certify that I am registered in your (county)
12(city) and that my residence was ..... Having moved out of your
13(county), (city), I hereby authorize you to cancel that
14registration in your office.
15    Dated at ...., Illinois, on (insert date).
16
....................
17
(Signature of Voter)
18    Attest ...., Clerk, Election Commission of the City of....,
19Illinois.
20    The cancellation certificate shall be mailed immediately
21by the clerk of the Election Commission to the county clerk,
22(or Election Commission as the case may be) where the applicant
23was formerly registered. Receipt of such certificate shall be
24full authority for cancellation of any previous registration.
25(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04;
2694-136, eff. 7-7-05.)
 

 

 

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1    (10 ILCS 5/6-40)  (from Ch. 46, par. 6-40)
2    Sec. 6-40. Where verification lists are furnished to the
3canvassers by the Board of Election Commissioners, immediately
4upon completion of the canvass, the canvassers, or one of them,
5shall file with the Board of Election Commissioners the list of
6registered voters upon which the canvassers have made notation
7in the column headed "Remarks" as follows: "O. K.", if they
8still reside at the address shown on the registration list, or
9"Died", "Moved", or "Changed Name" as the case may be. Such
10lists shall be attested to by the canvassers in an attached
11affidavit. No canvasser shall be remunerated for services as
12canvasser until such signed affidavit is filed with the Board
13of Election Commissioners.
14    Upon receipt by the Board of Election Commissioners of the
15completed list and the attached affidavit as to the correctness
16of the list, the Board of Election Commissioners shall prepare
17post card "Notices to Show Cause Why Registration Should not be
18Cancelled" to send to each voter on each list after whose name
19the canvassers have written "Died", "Moved", or "Changed Name".
20They shall be sent by mail, and electronic mail if the person
21whose registration is questioned has provided the election
22authority with an e-mail address, mailed to those whose
23registration is questioned by the Board of Election
24Commissioners not later than 10 P.M. on Friday of the week of
25the canvass. The affidavits made by the canvassers showing the

 

 

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1names and addresses of such canvassers shall be a public record
2for 60 days.
3    The Board of Election Commissioners shall also prepare a
4correct list of those registered voters in each precinct who
5are designated "O.K." in the remarks column by the canvassers
6and supplemental lists after the hearings on "Notices to Show
7Cause Why Registration Should Not be Cancelled"; such lists to
8be called "Printed Register of Registered Voters" of a given
9date and supplements thereto.
10    It shall be the duty of the Board of Election Commissioners
11when complaint is made to them, to investigate the action of
12such canvassers and to cause them or either of them to be
13brought before the circuit court and to prosecute them as for
14contempt, and also at the discretion of the Board of Election
15Commissioners, to cause them to be prosecuted criminally for
16such wilful neglect of duty.
17(Source: Laws 1965, p. 3501.)
 
18    (10 ILCS 5/6-57)  (from Ch. 46, par. 6-57)
19    Sec. 6-57. To each person who registers at the office of
20the board of election commissioners or at any place designated
21by such board under Section 6-51 of this Article, after the
22first registration under this Article, the board shall send by
23mail, and electronic mail if the registrant has provided the
24board of election committees with an e-mail address, a notice
25setting forth the elector's name and address as it appears on

 

 

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1the registration record card, and shall request him in case of
2any error to present the notice on or before the tenth day next
3ensuing at the office of the Board of Election Commissioners in
4order to secure the correction of the error. Such notice shall
5contain on the outside a request for the postmaster to return
6it within five days if it cannot be delivered to the addressee
7at the address given thereon. Upon the return by the post
8office of any such notice which it has been unable to deliver
9at the given address because the addressee cannot be found
10there, a notice shall be at once sent through the United States
11mail to such person at the address appearing upon his
12registration record card requiring him to appear before the
13Board of Election Commissioners at a time and place specified
14in the notice and show cause why his name should not be
15cancelled from the register. Thereafter, proceedings shall be,
16as nearly as may be, in conformity with those established by
17Section 6-52 of this Article with respect to applications to
18complete registration. Such notice may be sent at any time
19within thirty days after the registration of any person, but
20such notice shall be sent within five days after the last day
21of registration before any election, to all persons who have
22registered since the last preceding election, and to whom no
23such notice has theretofore been sent; and where the addressee
24cannot be found, notice requiring such person to appear before
25the board of election commissioners shall specify dates for
26hearing before the election not later than those prescribed by

 

 

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1Section 6-45 of this Article.
2(Source: Laws 1951, p. 1795.)
 
3    (10 ILCS 5/6-79)
4    Sec. 6-79. Computerization of voter records.
5    (a) The State Board of Elections shall design a
6registration record card that, except as otherwise provided in
7this Section, shall be used in duplicate by all election
8authorities in the State adopting a computer-based voter
9registration file as provided in this Section. The Board shall
10prescribe the form and specifications, including but not
11limited to the weight of paper, color, and print of the cards.
12The cards shall contain boxes or spaces for the information
13required under Sections 6-31.1 and 6-35; provided that the
14cards shall also contain: (i) A space for the person to fill in
15his or her Illinois driver's license number if the person has a
16driver's license; (ii) A space for a person without a driver's
17license to fill in the last four digits of his or her social
18security number if the person has a social security number.
19    (b) The election authority may develop and implement a
20system to prepare, use, and maintain a computer-based voter
21registration file that includes a computer-stored image of the
22signature of each voter. The computer-based voter registration
23file may be used for all purposes for which the original
24registration cards are to be used, provided that a system for
25the storage of at least one copy of the original registration

 

 

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1cards remains in effect. In the case of voter registration
2forms received via an online voter registration system, the
3original registration cards will include the signature
4received from the Secretary of State database. The electronic
5file shall be the master file.
6    (c) Any system created, used, and maintained under
7subsection (b) of this Section shall meet the following
8standards:
9        (1) Access to any computer-based voter registration
10    file shall be limited to those persons authorized by the
11    election authority, and each access to the computer-based
12    voter registration file, other than an access solely for
13    inquiry, shall be recorded.
14        (2) No copy, summary, list, abstract, or index of any
15    computer-based voter registration file that includes any
16    computer-stored image of the signature of any registered
17    voter shall be made available to the public outside of the
18    offices of the election authority.
19        (3) Any copy, summary, list, abstract, or index of any
20    computer-based voter registration file that includes a
21    computer-stored image of the signature of a registered
22    voter shall be produced in such a manner that it cannot be
23    reproduced.
24        (4) Each person desiring to vote shall sign an
25    application for a ballot, and the signature comparison
26    authorized in Articles 17 and 18 of this Code may be made

 

 

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1    to a copy of the computer-stored image of the signature of
2    the registered voter.
3        (5) Any voter list produced from a computer-based voter
4    registration file that includes computer-stored images of
5    the signatures of registered voters and is used in a
6    polling place during an election shall be preserved by the
7    election authority in secure storage until the end of the
8    second calendar year following the election in which it was
9    used.
10    (d) Before the first election in which the election
11authority elects to use a voter list produced from the
12computer-stored images of the signatures of registered voters
13in a computer-based voter registration file for signature
14comparison in a polling place, the State Board of Elections
15shall certify that the system used by the election authority
16complies with the standards set forth in this Section. The
17State Board of Elections may request a sample poll list
18intended to be used in a polling place to test the accuracy of
19the list and the adequacy of the computer-stored images of the
20signatures of the registered voters.
21    (e) With respect to a jurisdiction that has copied all of
22its voter signatures into a computer-based registration file,
23all references in this Act or any other Act to the use, other
24than storage, of paper-based voter registration records shall
25be deemed to refer to their computer-based equivalents.
26    (f) Nothing in this Section prevents an election authority

 

 

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1from submitting to the State Board of Elections a duplicate
2copy of some, as the State Board of Elections shall determine,
3or all of the data contained in each voter registration record
4that is part of the electronic master file. The duplicate copy
5of the registration record shall be maintained by the State
6Board of Elections under the same terms and limitations
7applicable to the election authority and shall be of equal
8legal dignity with the original registration record maintained
9by the election authority as proof of any fact contained in the
10voter registration record.
11(Source: P.A. 93-574, eff. 8-21-03.)
 
12    (10 ILCS 5/6-100)
13    Sec. 6-100. Grace period. Notwithstanding any other
14provision of this Code to the contrary, each election authority
15shall establish procedures for the registration of voters and
16for change of address during the period from the close of
17registration for a primary or election and until the 3rd day
18before the primary or election. During this grace period, an
19unregistered qualified elector may register to vote, and a
20registered voter may submit a change of address form, in person
21in the office of the election authority or at a voter
22registration location specifically designated for this purpose
23by the election authority. The election authority shall
24register that individual, or change a registered voter's
25address, in the same manner as otherwise provided by this

 

 

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1Article for registration and change of address.
2    If a voter who registers or changes address during this
3grace period wishes to vote at the first election or primary
4occurring after the grace period, he or she must do so by grace
5period voting, either in person in the office of the election
6authority or at a location specifically designated for this
7purpose by the election authority, or by mail, at the
8discretion of the election authority. The election authority
9shall offer in-person grace period voting at the authority's
10office and may offer in-person grace period voting at
11additional locations specifically designated for the purpose
12of grace period voting by the election authority. The election
13authority may allow grace period voting by mail only if the
14election authority has no ballots prepared at the authority's
15office. Grace period voting shall be in a manner substantially
16similar to voting under Article 19.
17    Within one day after a voter casts a grace period ballot,
18or within one day after the ballot is received by the election
19authority if the election authority allows grace period voting
20by mail, the election authority shall transmit by electronic
21means pursuant to a process established by the State Board of
22Elections the voter's name, street address, e-mail address, and
23precinct, ward, township, and district numbers, as the case may
24be, to the State Board of Elections, which shall maintain those
25names and that information in an electronic format on its
26website, arranged by county and accessible to State and local

 

 

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1political committees. The name of each person issued a grace
2period ballot shall also be placed on the appropriate precinct
3list of persons to whom absentee and early ballots have been
4issued, for use as provided in Sections 17-9 and 18-5.
5    A person who casts a grace period ballot shall not be
6permitted to revoke that ballot and vote another ballot with
7respect to that primary or election. Ballots cast by persons
8who register or change address during the grace period must be
9transmitted to and counted at the election authority's central
10ballot counting location and shall not be transmitted to and
11counted at precinct polling places. The grace period ballots
12determined to be valid shall be added to the vote totals for
13the precincts for which they were cast in the order in which
14the ballots were opened.
15(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
 
16    (10 ILCS 5/6A-1)  (from Ch. 46, par. 6A-1)
17    Sec. 6A-1.
18    (a) Any county in which there is no city, village or
19incorporated town with a board of election commissioners may
20establish a county board of election commissioners either (1)
21by ordinance of the county board or (2) by vote of the electors
22of the county in accordance with subsection (a) of Section
236A-2.
24    The fact that some territory in a county is within the
25corporate limits of a city, village or incorporated town with a

 

 

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1board of election commissioners does not prevent that county
2from establishing a county board of election commissioners in
3accordance with this Article if no portion of such city,
4village or incorporated town was within the county at the time
5of the establishment of the board of election commissioners for
6such city, village or incorporated town. If such a county
7establishes a county board of election commissioners pursuant
8to this Article, the county board of election commissioners
9shall, with respect to the territory in the county within the
10corporate limits of the city, village or incorporated town,
11supersede the board of election commissioners of that city,
12village or incorporated town.
13    (b) Any county with a population of more than 700,000
14persons as of the 2010 federal decennial census that borders
15another state and borders no more than 2 other Illinois
16counties, shall be subject to a county board of election
17commissioners beginning 90 days after the effective date of
18this amendatory Act of the 98th General Assembly.
19    (c) Any county with a population of less than 200,000 but
20more than 175,000 persons as of the 2010 federal decennial
21census in which a city, village, or incorporated town with a
22board of election commissioners is located may establish a
23county board of election commissioners by vote of the electors
24of the county in accordance with subsection (b) of Section
256A-2. If such a county establishes a county board of election
26commissioners, the county board of election commissioners,

 

 

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1with respect to the territory in the county within the
2corporate limits of the city, village, or incorporated town,
3shall supersede the board of election commissioners of that
4city, village, or incorporated town.
5(Source: P.A. 81-1433.)
 
6    (10 ILCS 5/6A-2)  (from Ch. 46, par. 6A-2)
7    Sec. 6A-2. Submission to voters.
8    (a) Whenever registered voters in a the county described in
9subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
10of the number voting at the last preceding general election in
11the county, whichever is less, petition the circuit court to
12submit to the electors of the county a proposition to establish
13a county board of election commissioners, the circuit court
14shall cause such proposition to be submitted to the electors of
15the county at the next succeeding general election.
16    (b) If the county board of a county described in subsection
17(c) of Section 6A-1 passes an ordinance or resolution
18establishing a county board of election commissioners, then the
19proposition to establish a county board of election
20commissioners shall be submitted to the electors of that county
21at the next possible general election. The board shall certify
22the ordinance or resolution and the proposition to the proper
23election officials who shall submit the proposition at the next
24general election in accordance with the general election law.
25    (c) The proposition shall be submitted in the same manner

 

 

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1as provided in Article 6 for the adoption of Articles 6, 14 and
218 by cities, villages and incorporated towns, except that the
3question shall be stated: "Shall a board of election
4commissioners be established for .... County?"
5(Source: P.A. 78-465.)
 
6    (10 ILCS 5/6A-3)  (from Ch. 46, par. 6A-3)
7    Sec. 6A-3. Commissioners; filling vacancies.
8    (a) If the county board adopts an ordinance providing for
9the establishment of a county board of election commissioners,
10or if a majority of the votes cast on a proposition submitted
11in accordance with Section 6A-2(a) are in favor of a county
12board of election commissioners, a county board of election
13commissioners shall be appointed in the same manner as is
14provided in Article 6 for boards of election commissioners in
15cities, villages and incorporated towns, except that the county
16board of election commissioners shall be appointed by the
17chairman of the county board rather than the circuit court.
18However, before any appointments are made, the appointing
19authority shall ascertain whether the county clerk desires to
20be a member of the county board of election commissioners. If
21the county clerk so desires, he shall be one of the members of
22the county board of election commissioners, and the appointing
23authority shall appoint only 2 other members.
24    (b) For any county board of election commissioners
25established under subsection (b) of Section 6A-1, within 30

 

 

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1days after the effective date of this amendatory Act of the
298th General Assembly, the chief judge of the circuit court of
3the county shall appoint 5 commissioners. At least 4 of those
4commissioners shall be selected from the 2 major established
5political parties of the State, with at least 2 from each of
6those parties. Such appointment shall be entered of record in
7the office of the County Clerk and the State Board of
8Elections. Those first appointed shall hold their offices for
9the period of one, 2, and 3 years respectively, and the judge
10appointing them shall designate the term for which each
11commissioner shall hold his or her office, whether for one, 2
12or 3 years except that no more than one commissioner from each
13major established political party may be designated the same
14term. After the initial term, each commissioner or his or her
15successor shall be appointed to a 3 year term. No elected
16official or former elected official who has been out of elected
17office for less than 2 years may be appointed to the board.
18Vacancies shall be filled by the chief judge of the circuit
19court within 30 days of the vacancy in a manner that maintains
20the foregoing political party representation.
21    (c) For any county board of election commissioners
22established under subsection (c) of Section 6A-1, within 30
23days after the conclusion of the election at which the
24proposition to establish a county board of election
25commissioners is approved by the voters, the municipal board
26shall apply to the circuit court of the county for the chief

 

 

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1judge of the circuit court to appoint 2 additional
2commissioners, one of whom shall be from each major established
3political party and neither of whom shall reside within the
4limits of the municipal board, so that 3 commissioners shall
5reside within the limits of the municipal board and 2 shall
6reside within the county but not within the municipality, as it
7may exist from time to time. Not more than 3 of the
8commissioners shall be members of the same major established
9political party. Vacancies shall be filled by the chief judge
10of the circuit court upon application of the remaining
11commissioners in a manner that maintains the foregoing
12geographical and political party representation.
13(Source: P.A. 91-358, eff. 7-29-99.)
 
14    (10 ILCS 5/6A-4)  (from Ch. 46, par. 6A-4)
15    Sec. 6A-4. Transfer of records. Upon the opening of an the
16office of a the county board of election commissioners, the
17county clerk and any municipal board of election commissioners
18in the county shall turn over to such county board all registry
19books, registration record cards, poll books, tally sheets and
20ballot boxes and all other books, forms, blanks and stationery
21of every description in the clerk's or municipal board's
22possession his hands in any way relating to elections or the
23holding of elections in the county and any unused
24appropriations related to elections or the holding of elections
25in the county. Thereupon, all functions, powers and duties of

 

 

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1the county clerk, or the county board, or the municipal board
2relating to elections in that county are transferred to the
3county board of election commissioners.
4(Source: P.A. 78-465.)
 
5    (10 ILCS 5/8-9)  (from Ch. 46, par. 8-9)
6    Sec. 8-9. All petitions for nomination shall be filed by
7mail or in person as follows:
8        (1) Where the nomination is made for a legislative
9    office, such petition for nomination shall be filed in the
10    principal office of the State Board of Elections not more
11    than 113 and not less than 106 days prior to the date of
12    the primary.
13        (2) The State Board of Elections shall, upon receipt of
14    each petition, endorse thereon the day and hour on which it
15    was filed. Petitions filed by mail and received after
16    midnight on the first day for filing and in the first mail
17    delivery or pickup of that day, shall be deemed as filed as
18    of 8:00 a.m. of that day or as of the normal opening hour
19    of such day as the case may be, and all petitions received
20    thereafter shall be deemed as filed in the order of actual
21    receipt. However, 2 or more petitions filed within the last
22    hour of the filing deadline shall be deemed to have been
23    filed simultaneously. Where 2 or more petitions are
24    received simultaneously, the State Board of Elections
25    shall break ties and determine the order of filing, by

 

 

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1    means of a lottery as provided in Section 7-12 of this
2    Code.
3        (3) Any person for whom a petition for nomination has
4    been filed, may cause his name to be withdrawn by a request
5    in writing, signed by him, duly acknowledged before an
6    officer qualified to take acknowledgments of deeds, and
7    filed in the principal or permanent branch office of the
8    State Board of Elections not later than the date of
9    certification of candidates for the general primary
10    ballot, and no names so withdrawn shall be certified by the
11    State Board of Elections to the county clerk, or printed on
12    the primary ballot. If petitions for nomination have been
13    filed for the same person with respect to more than one
14    political party, his name shall not be certified nor
15    printed on the primary ballot of any party. If petitions
16    for nomination have been filed for the same person for 2 or
17    more offices which are incompatible so that the same person
18    could not serve in more than one of such offices if
19    elected, that person must withdraw as a candidate for all
20    but one of such offices within the 5 business days
21    following the last day for petition filing. If he fails to
22    withdraw as a candidate for all but one of such offices
23    within such time, his name shall not be certified, nor
24    printed on the primary ballot, for any office. For the
25    purpose of the foregoing provisions, an office in a
26    political party is not incompatible with any other office.

 

 

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1        (4) If multiple sets of nomination papers are filed for
2    a candidate to the same office, the State Board of
3    Elections shall within 2 business days notify the candidate
4    of his or her multiple petition filings and that the
5    candidate has 3 business days after receipt of the notice
6    to notify the State Board of Elections that he or she may
7    cancel prior sets of petitions. If the candidate notifies
8    the State Board of Elections the last set of petitions
9    filed shall be the only petitions to be considered valid by
10    the State Board of Elections. If the candidate fails to
11    notify the State Board then only the first set of petitions
12    filed shall be valid and all subsequent petitions shall be
13    void.
14(Source: P.A. 96-1008, eff. 7-6-10.)
 
15    (10 ILCS 5/9-1.8)   (from Ch. 46, par. 9-1.8)
16    Sec. 9-1.8. Political committees.
17    (a) "Political committee" includes a candidate political
18committee, a political party committee, a political action
19committee, a ballot initiative committee, and an independent
20expenditure committee.
21    (b) "Candidate political committee" means the candidate
22himself or herself or any natural person, trust, partnership,
23corporation, or other organization or group of persons
24designated by the candidate that accepts contributions or makes
25expenditures during any 12-month period in an aggregate amount

 

 

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1exceeding $5,000 $3,000 on behalf of the candidate.
2    (c) "Political party committee" means the State central
3committee of a political party, a county central committee of a
4political party, a legislative caucus committee, or a committee
5formed by a ward or township committeeman of a political party.
6For purposes of this Article, a "legislative caucus committee"
7means a committee established for the purpose of electing
8candidates to the General Assembly by the person elected
9President of the Senate, Minority Leader of the Senate, Speaker
10of the House of Representatives, Minority Leader of the House
11of Representatives, or a committee established by 5 or more
12members of the same caucus of the Senate or 10 or more members
13of the same caucus of the House of Representatives.
14    (d) "Political action committee" means any natural person,
15trust, partnership, committee, association, corporation, or
16other organization or group of persons, other than a candidate,
17political party, candidate political committee, or political
18party committee, that accepts contributions or makes
19expenditures during any 12-month period in an aggregate amount
20exceeding $5,000 $3,000 on behalf of or in opposition to a
21candidate or candidates for public office. "Political action
22committee" includes any natural person, trust, partnership,
23committee, association, corporation, or other organization or
24group of persons, other than a candidate, political party,
25candidate political committee, or political party committee,
26that makes electioneering communications during any 12-month

 

 

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1period in an aggregate amount exceeding $5,000 $3,000 related
2to any candidate or candidates for public office.
3    (e) "Ballot initiative committee" means any natural
4person, trust, partnership, committee, association,
5corporation, or other organization or group of persons that
6accepts contributions or makes expenditures during any
712-month period in an aggregate amount exceeding $5,000 $3,000
8in support of or in opposition to any question of public policy
9to be submitted to the electors. "Ballot initiative committee"
10includes any natural person, trust, partnership, committee,
11association, corporation, or other organization or group of
12persons that makes electioneering communications during any
1312-month period in an aggregate amount exceeding $5,000 $3,000
14related to any question of public policy to be submitted to the
15voters. The $5,000 $3,000 threshold applies to any
16contributions or expenditures received or made with the purpose
17of securing a place on the ballot for, advocating the defeat or
18passage of, or engaging in electioneering communication
19regarding the question of public policy, regardless of the
20method of initiation of the question of public policy and
21regardless of whether petitions have been circulated or filed
22with the appropriate office or whether the question has been
23adopted and certified by the governing body.
24    (f) "Independent expenditure committee" means any trust,
25partnership, committee, association, corporation, or other
26organization or group of persons formed for the exclusive

 

 

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1purpose of making independent expenditures during any 12-month
2period in an aggregate amount exceeding $5,000 $3,000 in
3support of or in opposition to (i) the nomination for election,
4election, retention, or defeat of any public official or
5candidate or (ii) any question of public policy to be submitted
6to the electors. "Independent expenditure committee" also
7includes any trust, partnership, committee, association,
8corporation, or other organization or group of persons that
9makes electioneering communications that are not made in
10connection, consultation, or concert with or at the request or
11suggestion of a public official or candidate, a public
12official's or candidate's designated political committee or
13campaign, or an agent or agents of the public official,
14candidate, or political committee or campaign during any
1512-month period in an aggregate amount exceeding $5,000 $3,000
16related to (i) the nomination for election, election,
17retention, or defeat of any public official or candidate or
18(ii) any question of public policy to be submitted to the
19voters.
20(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
 
21    (10 ILCS 5/9-8.5)
22    Sec. 9-8.5. Limitations on campaign contributions.
23    (a) It is unlawful for a political committee to accept
24contributions except as provided in this Section.
25    (b) During an election cycle, a candidate political

 

 

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1committee may not accept contributions with an aggregate value
2over the following: (i) $5,000 from any individual, (ii)
3$10,000 from any corporation, labor organization, or
4association, or (iii) $50,000 from a candidate political
5committee or political action committee. A candidate political
6committee may accept contributions in any amount from a
7political party committee except during an election cycle in
8which the candidate seeks nomination at a primary election.
9During an election cycle in which the candidate seeks
10nomination at a primary election, a candidate political
11committee may not accept contributions from political party
12committees with an aggregate value over the following: (i)
13$200,000 for a candidate political committee established to
14support a candidate seeking nomination to statewide office,
15(ii) $125,000 for a candidate political committee established
16to support a candidate seeking nomination to the Senate, the
17Supreme Court or Appellate Court in the First Judicial
18District, or an office elected by all voters in a county with
191,000,000 or more residents, (iii) $75,000 for a candidate
20political committee established to support a candidate seeking
21nomination to the House of Representatives, the Supreme Court
22or Appellate Court for a Judicial District other than the First
23Judicial District, an office elected by all voters of a county
24of fewer than 1,000,000 residents, and municipal and county
25offices in Cook County other than those elected by all voters
26of Cook County, and (iv) $50,000 for a candidate political

 

 

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1committee established to support the nomination of a candidate
2to any other office. A candidate political committee
3established to elect a candidate to the General Assembly may
4accept contributions from only one legislative caucus
5committee. A candidate political committee may not accept
6contributions from a ballot initiative committee or from an
7independent expenditure committee.
8    (c) During an election cycle, a political party committee
9may not accept contributions with an aggregate value over the
10following: (i) $10,000 from any individual, (ii) $20,000 from
11any corporation, labor organization, or association, or (iii)
12$50,000 from a political action committee. A political party
13committee may accept contributions in any amount from another
14political party committee or a candidate political committee,
15except as provided in subsection (c-5). Nothing in this Section
16shall limit the amounts that may be transferred between a
17political party committee established under subsection (a) of
18Section 7-8 of this Code and an affiliated federal political
19committee established under the Federal Election Code by the
20same political party. A political party committee may not
21accept contributions from a ballot initiative committee or from
22an independent expenditure committee. A political party
23committee established by a legislative caucus may not accept
24contributions from another political party committee
25established by a legislative caucus.
26    (c-5) During the period beginning on the date candidates

 

 

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1may begin circulating petitions for a primary election and
2ending on the day of the primary election, a political party
3committee may not accept contributions with an aggregate value
4over $50,000 from a candidate political committee or political
5party committee. A political party committee may accept
6contributions in any amount from a candidate political
7committee or political party committee if the political party
8committee receiving the contribution filed a statement of
9nonparticipation in the primary as provided in subsection
10(c-10). The Task Force on Campaign Finance Reform shall study
11and make recommendations on the provisions of this subsection
12to the Governor and General Assembly by September 30, 2012.
13This subsection becomes inoperative on July 1, 2013 and
14thereafter no longer applies.
15    (c-10) A political party committee that does not intend to
16make contributions to candidates to be nominated at a general
17primary election or consolidated primary election may file a
18Statement of Nonparticipation in a Primary Election with the
19Board. The Statement of Nonparticipation shall include a
20verification signed by the chairperson and treasurer of the
21committee that (i) the committee will not make contributions or
22coordinated expenditures in support of or opposition to a
23candidate or candidates to be nominated at the general primary
24election or consolidated primary election (select one) to be
25held on (insert date), (ii) the political party committee may
26accept unlimited contributions from candidate political

 

 

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1committees and political party committees, provided that the
2political party committee does not make contributions to a
3candidate or candidates to be nominated at the primary
4election, and (iii) failure to abide by these requirements
5shall deem the political party committee in violation of this
6Article and subject the committee to a fine of no more than
7150% of the total contributions or coordinated expenditures
8made by the committee in violation of this Article. This
9subsection becomes inoperative on July 1, 2013 and thereafter
10no longer applies.
11    (d) During an election cycle, a political action committee
12may not accept contributions with an aggregate value over the
13following: (i) $10,000 from any individual, (ii) $20,000 from
14any corporation, labor organization, political party
15committee, or association, or (iii) $50,000 from a political
16action committee or candidate political committee. A political
17action committee may not accept contributions from a ballot
18initiative committee or from an independent expenditure
19committee.
20    (e) A ballot initiative committee may accept contributions
21in any amount from any source, provided that the committee
22files the document required by Section 9-3 of this Article and
23files the disclosure reports required by the provisions of this
24Article.
25    (e-5) An independent expenditure committee may accept
26contributions in any amount from any source, provided that the

 

 

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1committee files the document required by Section 9-3 of this
2Article and files the disclosure reports required by the
3provisions of this Article.
4    (f) Nothing in this Section shall prohibit a political
5committee from dividing the proceeds of joint fundraising
6efforts; provided that no political committee may receive more
7than the limit from any one contributor, and provided that an
8independent expenditure committee may not conduct joint
9fundraising efforts with a candidate political committee or a
10political party committee.
11    (g) On January 1 of each odd-numbered year, the State Board
12of Elections shall adjust the amounts of the contribution
13limitations established in this Section 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    (h) Self-funding candidates. If a public official, a
19candidate, or the public official's or candidate's immediate
20family contributes or loans to the public official's or
21candidate's political committee or to other political
22committees that transfer funds to the public official's or
23candidate's political committee or makes independent
24expenditures for the benefit of the public official's or
25candidate's campaign during the 12 months prior to an election
26in an aggregate amount of more than (i) $250,000 for statewide

 

 

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1office or (ii) $100,000 for all other elective offices, then
2the public official or candidate shall file with the State
3Board of Elections, within one day, a Notification of
4Self-funding that shall detail each contribution or loan made
5by the public official, the candidate, or the public official's
6or candidate's immediate family. Within 2 business days after
7the filing of a Notification of Self-funding, the notification
8shall be posted on the Board's website and the Board shall give
9official notice of the filing to each candidate for the same
10office as the public official or candidate making the filing,
11including the public official or candidate filing the
12Notification of Self-funding. Notice shall be sent via first
13class mail to the candidate and the treasurer of the
14candidate's committee. Notice shall also be sent by e-mail to
15the candidate and the treasurer of the candidate's committee if
16the candidate and the treasurer, as applicable, have provided
17the Board with an e-mail address. Upon posting of the receiving
18notice on from the Board's website Board, all candidates for
19that office, including the public official or candidate who
20filed a Notification of Self-funding, shall be permitted to
21accept contributions in excess of any contribution limits
22imposed by subsection (b). If a public official or candidate
23filed a Notification of Self-funding during an election cycle
24that includes a general primary election or consolidated
25primary election and that public official or candidate is
26nominated, all candidates for that office, including the

 

 

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1nominee who filed the notification of self-funding, shall be
2permitted to accept contributions in excess of any contribution
3limit imposed by subsection (b) for the subsequent election
4cycle. For the purposes of this subsection, "immediate family"
5means the spouse, parent, or child of a public official or
6candidate.
7    (h-5) If a natural person or independent expenditure
8committee makes independent expenditures in support of or in
9opposition to the campaign of a particular public official or
10candidate in an aggregate amount of more than (i) $250,000 for
11statewide office or (ii) $100,000 for all other elective
12offices in an election cycle, as reported in a written
13disclosure filed under subsection (a) of Section 9-8.6 or
14subsection (e-5) of Section 9-10, then the State Board of
15Elections shall, within 2 business days after the filing of the
16disclosure, post the disclosure on the Board's website and give
17official notice of the disclosure to each candidate for the
18same office as the public official or candidate for whose
19benefit or detriment the natural person or independent
20expenditure committee made independent expenditures. Upon
21posting of the receiving notice on from the Board's website
22Board, all candidates for that office in that election,
23including the public official or candidate for whose benefit or
24detriment the natural person or independent expenditure
25committee made independent expenditures, shall be permitted to
26accept contributions in excess of any contribution limits

 

 

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1imposed by subsection (b).
2    (h-10) If the State Board of Elections receives
3notification or determines that a natural person or persons, an
4independent expenditure committee or committees, or
5combination thereof has made independent expenditures in
6support of or in opposition to the campaign of a particular
7public official or candidate in an aggregate amount of more
8than (i) $250,000 for statewide office or (ii) $100,000 for all
9other elective offices in an election cycle, then the Board
10shall, within 2 business days after discovering the independent
11expenditures that, in the aggregate, exceed the threshold set
12forth in (i) and (ii) of this subsection, post notice of this
13fact on the Board's website and give official notice to each
14candidate for the same office as the public official or
15candidate for whose benefit or detriment the independent
16expenditures were made. Notice shall be sent via first class
17mail to the candidate and the treasurer of the candidate's
18committee. Notice shall also be sent by e-mail to the candidate
19and the treasurer of the candidate's committee if the candidate
20and the treasurer, as applicable, have provided the Board with
21an e-mail address. Upon posting of the notice on the Board's
22website, all candidates of that office in that election,
23including the public official or candidate for whose benefit or
24detriment the independent expenditures were made, may accept
25contributions in excess of any contribution limits imposed by
26subsection (b). The Campaign Finance Task Force shall submit a

 

 

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1report to the Governor and General Assembly no later than
2February 1, 2013. The report shall examine and make
3recommendations regarding the provisions in this subsection
4including, but not limited to, case law concerning independent
5expenditures, the manner in which independent expenditures are
6handled in the other states and at the federal level,
7independent expenditures made in Illinois during the 2012
8general primary and, separately, the 2012 general election, and
9independent expenditures made at the federal level during the
102012 general election. The Task Force shall conduct at least 2
11public hearings regarding independent expenditures.
12    (i) For the purposes of this Section, a corporation, labor
13organization, association, or a political action committee
14established by a corporation, labor organization, or
15association may act as a conduit in facilitating the delivery
16to a political action committee of contributions made through
17dues, levies, or similar assessments and the political action
18committee may report the contributions in the aggregate,
19provided that: (i) contributions made through dues, levies, or
20similar assessments paid by any natural person, corporation,
21labor organization, or association in a calendar year may not
22exceed the limits set forth in this Section; (ii) the
23corporation, labor organization, association, or a political
24action committee established by a corporation, labor
25organization, or association facilitating the delivery of
26contributions maintains a list of natural persons,

 

 

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

 

 

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1transfer, to a charity. A contribution or transfer received in
2violation of this Section that is not disposed of as provided
3in this subsection within 30 days after the Board sends
4notification to the political committee of the excess
5contribution by certified mail shall escheat to the General
6Revenue Fund and the political committee shall be deemed in
7violation of this Section and subject to a civil penalty not to
8exceed 150% of the total amount of the contribution.
9    (k) For the purposes of this Section, "statewide office"
10means the Governor, Lieutenant Governor, Attorney General,
11Secretary of State, Comptroller, and Treasurer.
12    (l) This Section is repealed if and when the United States
13Supreme Court invalidates contribution limits on committees
14formed to assist candidates, political parties, corporations,
15associations, or labor organizations established by or
16pursuant to federal law.
17(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
 
18    (10 ILCS 5/9-9.5)
19    Sec. 9-9.5. Disclosures in political communications.
20    (a) Any political committee, organized under the Election
21Code, that makes an expenditure for a pamphlet, circular,
22handbill, Internet or telephone communication, radio,
23television, or print advertisement, or other communication
24directed at voters and mentioning the name of a candidate in
25the next upcoming election shall ensure that the name of the

 

 

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1political committee paying for any part of the communication,
2including, but not limited to, its preparation and
3distribution, is identified clearly within the communication
4as the payor. This subsection does not apply to items that are
5too small to contain the required disclosure. This subsection
6does not apply to an expenditure for the preparation or
7distribution of any printed communication directed at
8constituents of a member of the General Assembly if the
9expenditure is made by a political committee in accordance with
10subsection (c) of Section 9-8.10. Nothing in this subsection
11shall require disclosure on any telephone communication using
12random sampling or other scientific survey methods to gauge
13public opinion for or against any candidate or question of
14public policy.
15    Whenever any vendor or other person provides any of the
16services listed in this subsection, other than any telephone
17communication using random sampling or other scientific survey
18methods to gauge public opinion for or against any candidate or
19question of public policy, the vendor or person shall keep and
20maintain records showing the name and address of the person who
21purchased or requested the services and the amount paid for the
22services. The records required by this subsection shall be kept
23for a period of one year after the date upon which payment was
24received for the services.
25    (b) Any political committee, organized under this Code,
26that makes an expenditure for a pamphlet, circular, handbill,

 

 

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1Internet or telephone communication, radio, television, or
2print advertisement, or other communication directed at voters
3and (i) mentioning the name of a candidate in the next upcoming
4election, without that candidate's permission, or (ii)
5advocating for or against a public policy position shall ensure
6that the name of the political committee paying for any part of
7the communication, including, but not limited to, its
8preparation and distribution, is identified clearly within the
9communication. Nothing in this subsection shall require
10disclosure on any telephone communication using random
11sampling or other scientific survey methods to gauge public
12opinion for or against any candidate or question of public
13policy.
14    (c) A political committee organized under this Code shall
15not make an expenditure for any unsolicited telephone call to
16the line of a residential telephone customer in this State
17using any method to block or otherwise circumvent that
18customer's use of a caller identification service.
19(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06;
2095-699, eff. 11-9-07.)
 
21    (10 ILCS 5/10-6.2)  (from Ch. 46, par. 10-6.2)
22    Sec. 10-6.2. The State Board of Elections, the election
23authority or the local election official with whom petitions
24for nomination are filed pursuant to this Article 10 shall
25specify the place where filings shall be made and upon receipt

 

 

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1shall endorse thereon the day and the hour at which each
2petition was filed. Except as provided by Article 9 of The
3School Code, all petitions filed by persons waiting in line as
4of 8:00 a.m. on the first day for filing, or as of the normal
5opening hour of the office involved on such day, shall be
6deemed filed as of 8:00 a.m. or the normal opening hour, as the
7case may be. Petitions filed by mail and received after
8midnight of the first day for filing and in the first mail
9delivery or pickup of that day shall be deemed filed as of 8:00
10a.m. of that day or as of the normal opening hour of such day,
11as the case may be. All petitions received thereafter shall be
12deemed filed in the order of actual receipt. However, 2 or more
13petitions filed within the last hour of the filing deadline
14shall be deemed filed simultaneously. Where 2 or more petitions
15are received simultaneously, the State Board of Elections, the
16election authority or the local election official with whom
17such petitions are filed shall break ties and determine the
18order of filing by means of a lottery or other fair and
19impartial method of random selection approved by the State
20Board of Elections. Such lottery shall be conducted within 9
21days following the last day for petition filing and shall be
22open to the public. Seven days written notice of the time and
23place of conducting such random selection shall be given, by
24the State Board of Elections, the election authority, or local
25election official, to the Chairman of each political party, and
26to each organization of citizens within the election

 

 

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1jurisdiction which was entitled, under this Code, at the next
2preceding election, to have pollwatchers present on the day of
3election. The State Board of Elections, the election authority
4or local election official shall post in a conspicuous, open
5and public place, at the entrance of the office, notice of the
6time and place of such lottery. The State Board of Elections
7shall adopt rules and regulations governing the procedures for
8the conduct of such lottery. All candidates shall be certified
9in the order in which their petitions have been filed and in
10the manner prescribed by Section 10-14 and 10-15 of this
11Article. Where candidates have filed simultaneously, they
12shall be certified in the order determined by lot and prior to
13candidates who filed for the same office or offices at a later
14time. Certificates of nomination filed within the period
15prescribed in Section 10-6(2) for candidates nominated by
16caucus for township or municipal offices shall be subject to
17the ballot placement lottery for established political parties
18prescribed in Section 7-60 of this Code.
19    If multiple sets of nomination papers are filed for a
20candidate to the same office, the State Board of Elections,
21appropriate election authority or local election official
22where the petitions are filed shall within 2 business days
23notify the candidate of his or her multiple petition filings
24and that the candidate has 3 business days after receipt of the
25notice to notify the State Board of Elections, appropriate
26election authority or local election official that he or she

 

 

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1may cancel prior sets of petitions. If the candidate notifies
2the State Board of Elections, appropriate election authority or
3local election official, the last set of petitions filed shall
4be the only petitions to be considered valid by the State Board
5of Elections, election authority or local election official. If
6the candidate fails to notify the State Board of Elections,
7appropriate election authority or local election official then
8only the first set of petitions filed shall be valid and all
9subsequent petitions shall be void.
10(Source: P.A. 91-357, eff. 7-29-99.)
 
11    (10 ILCS 5/10-7)  (from Ch. 46, par. 10-7)
12    Sec. 10-7. Any person whose name has been presented as a
13candidate may cause his name to be withdrawn from any such
14nomination by his request in writing, signed by him and duly
15acknowledged before an officer qualified to take
16acknowledgment of deeds, and presented to the principal office
17or permanent branch office of the Board, the election
18authority, or the local election official, as the case may be,
19not later than the date for certification of candidates for the
20ballot. No name so withdrawn shall be printed upon the ballots
21under the party appellation or title from which the candidate
22has withdrawn his name. If such a request for withdrawal is
23received after the date for certification of the candidates for
24the ballot, then the votes cast for the withdrawn candidate are
25invalid and shall not be reported by the election authority. If

 

 

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1the name of the same person has been presented as a candidate
2for 2 or more offices which are incompatible so that the same
3person could not serve in more than one of such offices if
4elected, that person must withdraw as a candidate for all but
5one of such offices within the 5 business days following the
6last day for petition filing. If he fails to withdraw as a
7candidate for all but one of such offices within such time, his
8name shall not be certified, nor printed on the ballot, for any
9office. However, nothing in this section shall be construed as
10precluding a judge who is seeking retention in office from also
11being a candidate for another judicial office. Except as
12otherwise herein provided, in case the certificate of
13nomination or petition as provided for in this Article shall
14contain or exhibit the name of any candidate for any office
15upon more than one of said certificates or petitions (for the
16same office), then and in that case the Board or election
17authority or local election official, as the case may be, shall
18immediately notify said candidate of said fact and that his
19name appears unlawfully upon more than one of said certificates
20or petitions and that within 3 days from the receipt of said
21notification, said candidate must elect as to which of said
22political party appellations or groups he desires his name to
23appear and remain under upon said ballot, and if said candidate
24refuses, fails or neglects to make such election, then and in
25that case the Board or election authority or local election
26official, as the case may be, shall permit the name of said

 

 

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1candidate to appear or be printed or placed upon said ballot
2only under the political party appellation or group appearing
3on the certificate of nomination or petition, as the case may
4be, first filed, and shall strike or cause to be stricken the
5name of said candidate from all certificates of nomination and
6petitions filed after the first such certificate of nomination
7or petition.
8    Whenever the name of a candidate for an office is withdrawn
9from a new political party petition, it shall constitute a
10vacancy in nomination for that office which may be filled in
11accordance with Section 10-11 of this Article; provided, that
12if the names of all candidates for all offices on a new
13political party petition are withdrawn or such petition is
14declared invalid by an electoral board or upon judicial review,
15no vacancies in nomination for those offices shall exist and
16the filing of any notice or resolution purporting to fill
17vacancies in nomination shall have no legal effect.
18    Whenever the name of an independent candidate for an office
19is withdrawn or an independent candidate's petition is declared
20invalid by an electoral board or upon judicial review, no
21vacancy in nomination for that office shall exist and the
22filing of any notice or resolution purporting to fill a vacancy
23in nomination shall have no legal effect.
24    All certificates of nomination and nomination papers when
25presented or filed shall be open, under proper regulation, to
26public inspection, and the State Board of Elections and the

 

 

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1several election authorities and local election officials
2having charge of nomination papers shall preserve the same in
3their respective offices not less than 6 months.
4(Source: P.A. 86-875.)
 
5    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
6    Sec. 10-9. The following electoral boards are designated
7for the purpose of hearing and passing upon the objector's
8petition described in Section 10-8.
9        1. The State Board of Elections will hear and pass upon
10    objections to the nominations of candidates for State
11    offices, nominations of candidates for congressional,
12    legislative and judicial offices of districts,
13    subcircuits, or circuits situated in more than one county,
14    nominations of candidates for the offices of State's
15    attorney or regional superintendent of schools to be
16    elected from more than one county, and petitions for
17    proposed amendments to the Constitution of the State of
18    Illinois as provided for in Section 3 of Article XIV of the
19    Constitution.
20        2. The county officers electoral board to hear and pass
21    upon objections to the nominations of candidates for county
22    offices, for congressional, legislative and judicial
23    offices of a district, subcircuit, or circuit coterminous
24    with or less than a county, for any school district offices
25    trustees to be voted for by the electors of the county or

 

 

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1    by the electors of a township of the county, for the office
2    of multi-township assessor where candidates for such
3    office are nominated in accordance with this Code, and for
4    all special district offices, shall be composed of the
5    county clerk, or an assistant designated by the county
6    clerk, the State's attorney of the county or an Assistant
7    State's Attorney designated by the State's Attorney, and
8    the clerk of the circuit court, or an assistant designated
9    by the clerk of the circuit court, of the county, of whom
10    the county clerk or his designee shall be the chairman,
11    except that in any county which has established a county
12    board of election commissioners that board shall
13    constitute the county officers electoral board ex-officio.
14    If a school district is located in 2 or more counties, the
15    county officers electoral board of the county in which the
16    principal office of the school district is located shall
17    hear and pass upon objections to nominations of candidates
18    for school district office in that school district.
19        3. The municipal officers electoral board to hear and
20    pass upon objections to the nominations of candidates for
21    officers of municipalities shall be composed of the mayor
22    or president of the board of trustees of the city, village
23    or incorporated town, and the city, village or incorporated
24    town clerk, and one member of the city council or board of
25    trustees, that member being designated who is eligible to
26    serve on the electoral board and has served the greatest

 

 

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1    number of years as a member of the city council or board of
2    trustees, of whom the mayor or president of the board of
3    trustees shall be the chairman.
4        4. The township officers electoral board to pass upon
5    objections to the nominations of township officers shall be
6    composed of the township supervisor, the town clerk, and
7    that eligible town trustee elected in the township who has
8    had the longest term of continuous service as town trustee,
9    of whom the township supervisor shall be the chairman.
10        5. The education officers electoral board to hear and
11    pass upon objections to the nominations of candidates for
12    offices in school or community college districts shall be
13    composed of the presiding officer of the school or
14    community college district board, who shall be the
15    chairman, the secretary of the school or community college
16    district board and the eligible elected school or community
17    college board member who has the longest term of continuous
18    service as a board member.
19        6. In all cases, however, where the Congressional,
20    Legislative, or Representative district is wholly or
21    partially within the jurisdiction of a single municipal
22    board of election commissioners in Cook County and in all
23    cases where the school district or special district is
24    wholly within the jurisdiction of a municipal board of
25    election commissioners and in all cases where the
26    municipality or township is wholly or partially within the

 

 

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1    jurisdiction of a municipal board of election
2    commissioners, the board of election commissioners shall
3    ex-officio constitute the electoral board.
4    For special districts situated in more than one county, the
5county officers electoral board of the county in which the
6principal office of the district is located has jurisdiction to
7hear and pass upon objections. For purposes of this Section,
8"special districts" means all political subdivisions other
9than counties, municipalities, townships and school and
10community college districts.
11    In the event that any member of the appropriate board is a
12candidate for the office with relation to which the objector's
13petition is filed, he shall not be eligible to serve on that
14board and shall not act as a member of the board and his place
15shall be filled as follows:
16        a. In the county officers electoral board by the county
17    treasurer, and if he or she is ineligible to serve, by the
18    sheriff of the county.
19        b. In the municipal officers electoral board by the
20    eligible elected city council or board of trustees member
21    who has served the second greatest number of years as a
22    city council or board of trustees member.
23        c. In the township officers electoral board by the
24    eligible elected town trustee who has had the second
25    longest term of continuous service as a town trustee.
26        d. In the education officers electoral board by the

 

 

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1    eligible elected school or community college district
2    board member who has had the second longest term of
3    continuous service as a board member.
4    In the event that the chairman of the electoral board is
5ineligible to act because of the fact that he or she is a
6candidate for the office with relation to which the objector's
7petition is filed, then the substitute chosen under the
8provisions of this Section shall be the chairman; In this case,
9the officer or board with whom the objector's petition is
10filed, shall transmit the certificate of nomination or
11nomination papers as the case may be, and the objector's
12petition to the substitute chairman of the electoral board.
13    When 2 or more eligible individuals, by reason of their
14terms of service on a city council or board of trustees,
15township board of trustees, or school or community college
16district board, qualify to serve on an electoral board, the one
17to serve shall be chosen by lot.
18    Any vacancies on an electoral board not otherwise filled
19pursuant to this Section shall be filled by public members
20appointed by the Chief Judge of the Circuit Court for the
21county wherein the electoral board hearing is being held upon
22notification to the Chief Judge of such vacancies. The Chief
23Judge shall be so notified by a member of the electoral board
24or the officer or board with whom the objector's petition was
25filed. In the event that none of the individuals designated by
26this Section to serve on the electoral board are eligible, the

 

 

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1chairman of an electoral board shall be designated by the Chief
2Judge.
3(Source: P.A. 96-1008, eff. 7-6-10.)
 
4    (10 ILCS 5/10-10)  (from Ch. 46, par. 10-10)
5    Sec. 10-10. Within 24 hours after the receipt of the
6certificate of nomination or nomination papers or proposed
7question of public policy, as the case may be, and the
8objector's petition, the chairman of the electoral board other
9than the State Board of Elections shall send a call by
10registered or certified mail to each of the members of the
11electoral board, and to the objector who filed the objector's
12petition, and either to the candidate whose certificate of
13nomination or nomination papers are objected to or to the
14principal proponent or attorney for proponents of a question of
15public policy, as the case may be, whose petitions are objected
16to, and shall also cause the sheriff of the county or counties
17in which such officers and persons reside to serve a copy of
18such call upon each of such officers and persons, which call
19shall set out the fact that the electoral board is required to
20meet to hear and pass upon the objections to nominations made
21for the office, designating it, and shall state the day, hour
22and place at which the electoral board shall meet for the
23purpose, which place shall be in the county court house in the
24county in the case of the County Officers Electoral Board, the
25Municipal Officers Electoral Board, the Township Officers

 

 

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1Electoral Board or the Education Officers Electoral Board,
2except that the Municipal Officers Electoral Board, the
3Township Officers Electoral Board, and the Education Officers
4Electoral Board may meet at the location where the governing
5body of the municipality, township, or school or community
6college district, respectively, holds its regularly scheduled
7meetings, if that location is available; provided that voter
8records may be removed from the offices of an election
9authority only at the discretion and under the supervision of
10the election authority. In those cases where the State Board of
11Elections is the electoral board designated under Section 10-9,
12the chairman of the State Board of Elections shall, within 24
13hours after the receipt of the certificate of nomination or
14nomination papers or petitions for a proposed amendment to
15Article IV of the Constitution or proposed statewide question
16of public policy, send a call by registered or certified mail
17to the objector who files the objector's petition, and either
18to the candidate whose certificate of nomination or nomination
19papers are objected to or to the principal proponent or
20attorney for proponents of the proposed Constitutional
21amendment or statewide question of public policy and shall
22state the day, hour and place at which the electoral board
23shall meet for the purpose, which place may be in the Capitol
24Building or in the principal or permanent branch office of the
25State Board. The day of the meeting shall not be less than 3
26nor more than 5 days after the receipt of the certificate of

 

 

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1nomination or nomination papers and the objector's petition by
2the chairman of the electoral board.
3    The electoral board shall have the power to administer
4oaths and to subpoena and examine witnesses and at the request
5of either party the chairman may issue subpoenas requiring the
6attendance of witnesses and subpoenas duces tecum requiring the
7production of such books, papers, records and documents as may
8be evidence of any matter under inquiry before the electoral
9board, in the same manner as witnesses are subpoenaed in the
10Circuit Court.
11    Service of such subpoenas shall be made by any sheriff or
12other person in the same manner as in cases in such court and
13the fees of such sheriff shall be the same as is provided by
14law, and shall be paid by the objector or candidate who causes
15the issuance of the subpoena. In case any person so served
16shall knowingly neglect or refuse to obey any such subpoena, or
17to testify, the electoral board shall at once file a petition
18in the circuit court of the county in which such hearing is to
19be heard, or has been attempted to be heard, setting forth the
20facts, of such knowing refusal or neglect, and accompanying the
21petition with a copy of the citation and the answer, if one has
22been filed, together with a copy of the subpoena and the return
23of service thereon, and shall apply for an order of court
24requiring such person to attend and testify, and forthwith
25produce books and papers, before the electoral board. Any
26circuit court of the state, excluding the judge who is sitting

 

 

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1on the electoral board, upon such showing shall order such
2person to appear and testify, and to forthwith produce such
3books and papers, before the electoral board at a place to be
4fixed by the court. If such person shall knowingly fail or
5refuse to obey such order of the court without lawful excuse,
6the court shall punish him or her by fine and imprisonment, as
7the nature of the case may require and may be lawful in cases
8of contempt of court.
9    The electoral board on the first day of its meeting shall
10adopt rules of procedure for the introduction of evidence and
11the presentation of arguments and may, in its discretion,
12provide for the filing of briefs by the parties to the
13objection or by other interested persons.
14    In the event of a State Electoral Board hearing on
15objections to a petition for an amendment to Article IV of the
16Constitution pursuant to Section 3 of Article XIV of the
17Constitution, or to a petition for a question of public policy
18to be submitted to the voters of the entire State, the
19certificates of the county clerks and boards of election
20commissioners showing the results of the random sample of
21signatures on the petition shall be prima facie valid and
22accurate, and shall be presumed to establish the number of
23valid and invalid signatures on the petition sheets reviewed in
24the random sample, as prescribed in Section 28-11 and 28-12 of
25this Code. Either party, however, may introduce evidence at
26such hearing to dispute the findings as to particular

 

 

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1signatures. In addition to the foregoing, in the absence of
2competent evidence presented at such hearing by a party
3substantially challenging the results of a random sample, or
4showing a different result obtained by an additional sample,
5this certificate of a county clerk or board of election
6commissioners shall be presumed to establish the ratio of valid
7to invalid signatures within the particular election
8jurisdiction.
9    The electoral board shall take up the question as to
10whether or not the certificate of nomination or nomination
11papers or petitions are in proper form, and whether or not they
12were filed within the time and under the conditions required by
13law, and whether or not they are the genuine certificate of
14nomination or nomination papers or petitions which they purport
15to be, and whether or not in the case of the certificate of
16nomination in question it represents accurately the decision of
17the caucus or convention issuing it, and in general shall
18decide whether or not the certificate of nomination or
19nominating papers or petitions on file are valid or whether the
20objections thereto should be sustained and the decision of a
21majority of the electoral board shall be final subject to
22judicial review as provided in Section 10-10.1. The electoral
23board must state its findings in writing and must state in
24writing which objections, if any, it has sustained. A copy of
25the decision shall be served upon the parties to the
26proceedings in open proceedings before the electoral board. If

 

 

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1a party does not appear for receipt of the decision, the
2decision shall be deemed to have been served on the absent
3party on the date when a copy of the decision is personally
4delivered or on the date when a copy of the decision is
5deposited in the Unites States mail, in a sealed envelope or
6package, with postage prepaid, addressed to each party affected
7by the decision or to such party's attorney of record, if any,
8at the address on record for such person in the files of the
9electoral board.
10    Upon the expiration of the period within which a proceeding
11for judicial review must be commenced under Section 10-10.1,
12the electoral board shall, unless a proceeding for judicial
13review has been commenced within such period, transmit, by
14registered or certified mail, a certified copy of its ruling,
15together with the original certificate of nomination or
16nomination papers or petitions and the original objector's
17petition, to the officer or board with whom the certificate of
18nomination or nomination papers or petitions, as objected to,
19were on file, and such officer or board shall abide by and
20comply with the ruling so made to all intents and purposes.
21(Source: P.A. 95-872, eff. 1-1-09; 96-1008, eff. 7-6-10.)
 
22    (10 ILCS 5/17-23)  (from Ch. 46, par. 17-23)
23    Sec. 17-23. Pollwatchers in a general election shall be
24authorized in the following manner:
25    (1) Each established political party shall be entitled to

 

 

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1appoint two pollwatchers per precinct. Such pollwatchers must
2be affiliated with the political party for which they are
3pollwatching. For all elections, the pollwatchers must be
4registered to vote in Illinois.
5    (2) Each candidate shall be entitled to appoint two
6pollwatchers per precinct. For all elections, the pollwatchers
7must be registered to vote in Illinois.
8    (3) Each organization of citizens within the county or
9political subdivision, which has among its purposes or
10interests the investigation or prosecution of election frauds,
11and which shall have registered its name and address and the
12name and addresses of its principal officers with the proper
13election authority at least 40 days before the election, shall
14be entitled to appoint one pollwatcher per precinct. For all
15elections, the pollwatcher must be registered to vote in
16Illinois.
17    (3.5) Each State nonpartisan civic organization within the
18county or political subdivision shall be entitled to appoint
19one pollwatcher per precinct, provided that no more than 2
20pollwatchers appointed by State nonpartisan civic
21organizations shall be present in a precinct polling place at
22the same time. Each organization shall have registered the
23names and addresses of its principal officers with the proper
24election authority at least 40 days before the election. The
25pollwatchers must be registered to vote in Illinois. For the
26purpose of this paragraph, a "State nonpartisan civic

 

 

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1organization" means any corporation, unincorporated
2association, or organization that:
3        (i) as part of its written articles of incorporation,
4    bylaws, or charter or by separate written declaration, has
5    among its stated purposes the provision of voter
6    information and education, the protection of individual
7    voters' rights, and the promotion of free and equal
8    elections;
9        (ii) is organized or primarily conducts its activities
10    within the State of Illinois; and
11        (iii) continuously maintains an office or business
12    location within the State of Illinois, together with a
13    current listed telephone number (a post office box number
14    without a current listed telephone number is not
15    sufficient).
16    (4) In any general election held to elect candidates for
17the offices of a municipality of less than 3,000,000 population
18that is situated in 2 or more counties, a pollwatcher who is a
19resident of Illinois shall be eligible to serve as a
20pollwatcher in any poll located within such municipality,
21provided that such pollwatcher otherwise complies with the
22respective requirements of subsections (1) through (3) of this
23Section and is a registered voter in Illinois.
24    (5) Each organized group of proponents or opponents of a
25ballot proposition, which shall have registered the name and
26address of its organization or committee and the name and

 

 

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1address of its chairman with the proper election authority at
2least 40 days before the election, shall be entitled to appoint
3one pollwatcher per precinct. The pollwatcher must be
4registered to vote in Illinois.
5    All pollwatchers shall be required to have proper
6credentials. Such credentials shall be printed in sufficient
7quantities, shall be issued by and under the facsimile
8signature(s) of the election authority or the State Board of
9Elections and shall be available for distribution by the
10election authority and State Board of Elections at least 2
11weeks prior to the election. Such credentials shall be
12authorized by the real or facsimile signature of the State or
13local party official or the candidate or the presiding officer
14of the civic organization or the chairman of the proponent or
15opponent group, as the case may be. Neither the The election
16authority nor the State Board of Elections may not require any
17such party official or the candidate or the presiding officer
18of the civic organization or the chairman of the proponent or
19opponent group to submit the names or other information
20concerning pollwatchers before making credentials available to
21such persons or organizations.
22    Pollwatcher credentials shall be in substantially the
23following form:
 
24
POLLWATCHER CREDENTIALS
25TO THE JUDGES OF ELECTION:

 

 

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1    In accordance with the provisions of the Election Code, the
2undersigned hereby appoints .......... (name of pollwatcher)
3who resides at ........... (address) in the county of
4..........., .......... (township or municipality) of
5........... (name), State of Illinois and who is duly
6registered to vote from this address, to act as a pollwatcher
7in the ........... precinct of the ........... ward (if
8applicable) of the ........... (township or municipality) of
9........... at the ........... election to be held on (insert
10date).
11........................  (Signature of Appointing Authority)
12......................... TITLE  (party official,  candidate,
13                                civic organization president,
14                        proponent or opponent group chairman)
 
15    Under penalties provided by law pursuant to Section 29-10
16of the Election Code, the undersigned pollwatcher certifies
17that he or she resides at ................ (address) in the
18county of ............, ......... (township or municipality)
19of ........... (name), State of Illinois, and is duly
20registered to vote in Illinois.
21..........................            .......................
22(Precinct and/or Ward in           (Signature of Pollwatcher)
23Which Pollwatcher Resides)
 
24    Pollwatchers must present their credentials to the Judges

 

 

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1of Election upon entering the polling place. Pollwatcher
2credentials properly executed and signed shall be proof of the
3qualifications of the pollwatcher authorized thereby. Such
4credentials are retained by the Judges and returned to the
5Election Authority at the end of the day of election with the
6other election materials. Once a pollwatcher has surrendered a
7valid credential, he may leave and reenter the polling place
8provided that such continuing action does not disrupt the
9conduct of the election. Pollwatchers may be substituted during
10the course of the day, but established political parties,
11candidates and qualified civic organizations can have only as
12many pollwatchers at any given time as are authorized in this
13Article. A substitute must present his signed credential to the
14judges of election upon entering the polling place. Election
15authorities must provide a sufficient number of credentials to
16allow for substitution of pollwatchers. After the polls have
17closed pollwatchers shall be allowed to remain until the
18canvass of votes is completed; but may leave and reenter only
19in cases of necessity, provided that such action is not so
20continuous as to disrupt the canvass of votes.
21    Candidates seeking office in a district or municipality
22encompassing 2 or more counties shall be admitted to any and
23all polling places throughout such district or municipality
24without regard to the counties in which such candidates are
25registered to vote. Actions of such candidates shall be
26governed in each polling place by the same privileges and

 

 

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1limitations that apply to pollwatchers as provided in this
2Section. Any such candidate who engages in an activity in a
3polling place which could reasonably be construed by a majority
4of the judges of election as campaign activity shall be removed
5forthwith from such polling place.
6    Candidates seeking office in a district or municipality
7encompassing 2 or more counties who desire to be admitted to
8polling places on election day in such district or municipality
9shall be required to have proper credentials. Such credentials
10shall be printed in sufficient quantities, shall be issued by
11and under the facsimile signature of the State Board of
12Elections or the election authority of the election
13jurisdiction where the polling place in which the candidate
14seeks admittance is located, and shall be available for
15distribution at least 2 weeks prior to the election. Such
16credentials shall be signed by the candidate.
17    Candidate credentials shall be in substantially the
18following form:
 
19
CANDIDATE CREDENTIALS
20    TO THE JUDGES OF ELECTION:
21    In accordance with the provisions of the Election Code, I
22...... (name of candidate) hereby certify that I am a candidate
23for ....... (name of office) and seek admittance to .......
24precinct of the ....... ward (if applicable) of the .......
25(township or municipality) of ....... at the ....... election

 

 

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1to be held on (insert date).
2.........................             .......................
3(Signature of Candidate)              OFFICE FOR WHICH
4                                      CANDIDATE SEEKS
5                                      NOMINATION OR
6                                      ELECTION
 
7    Pollwatchers shall be permitted to observe all proceedings
8and view all reasonably requested records relating to the
9conduct of the election, provided the secrecy of the ballot is
10not impinged, and to station themselves in a position in the
11voting room as will enable them to observe the judges making
12the signature comparison between the voter application and the
13voter registration record card; provided, however, that such
14pollwatchers shall not be permitted to station themselves in
15such close proximity to the judges of election so as to
16interfere with the orderly conduct of the election and shall
17not, in any event, be permitted to handle election materials.
18Pollwatchers may challenge for cause the voting qualifications
19of a person offering to vote and may call to the attention of
20the judges of election any incorrect procedure or apparent
21violations of this Code.
22    If a majority of the judges of election determine that the
23polling place has become too overcrowded with pollwatchers so
24as to interfere with the orderly conduct of the election, the
25judges shall, by lot, limit such pollwatchers to a reasonable

 

 

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1number, except that each established or new political party
2shall be permitted to have at least one pollwatcher present.
3    Representatives of an election authority, with regard to an
4election under its jurisdiction, the State Board of Elections,
5and law enforcement agencies, including but not limited to a
6United States Attorney, a State's attorney, the Attorney
7General, and a State, county, or local police department, in
8the performance of their official election duties, shall be
9permitted at all times to enter and remain in the polling
10place. Upon entering the polling place, such representatives
11shall display their official credentials or other
12identification to the judges of election.
13    Uniformed police officers assigned to polling place duty
14shall follow all lawful instructions of the judges of election.
15    The provisions of this Section shall also apply to
16supervised casting of absentee ballots as provided in Section
1719-12.2 of this Act.
18(Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07;
1995-699, eff. 11-9-07; 95-876, eff. 8-21-08.)
 
20    (10 ILCS 5/18A-15)
21    Sec. 18A-15. Validating and counting provisional ballots.
22    (a) The county clerk or board of election commissioners
23shall complete the validation and counting of provisional
24ballots within 14 calendar days of the day of the election. The
25county clerk or board of election commissioners shall have 7

 

 

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

 

 

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1    or township, as the case may be, shall be valid and counted
2    in accordance with rules adopted by the State Board of
3    Elections. As used in this item, "citywide office" means an
4    office elected by the electors of an entire municipality.
5    As used in this item, "township office" means an office
6    elected by the electors of an entire township;
7        (2) the affidavit executed by the provisional voter
8    pursuant to subsection (b)(2) of Section 18A-5 contains, at
9    a minimum, the provisional voter's first and last name,
10    house number and street name, and signature or mark;
11        (3) the provisional voter is a registered voter based
12    on information available to the county clerk or board of
13    election commissioners provided by or obtained from any of
14    the following:
15            i. the provisional voter;
16            ii. an election judge;
17            iii. the statewide voter registration database
18        maintained by the State Board of Elections;
19            iv. the records of the county clerk or board of
20        election commissioners' database; or
21            v. the records of the Secretary of State; and
22        (4) for a provisional ballot cast under item (6) of
23    subsection (a) of Section 18A-5, the voter did not vote by
24    absentee ballot in the election at which the provisional
25    ballot was cast.
26    (c) With respect to subsection (b)(3) of this Section, the

 

 

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

 

 

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

 

 

HB2418 Enrolled- 139 -LRB098 07643 HLH 37715 b

12 calendar days after the election, the election authority
2shall transmit by electronic means pursuant to a process
3established by the State Board of Elections the name, street
4address, e-mail address, and precinct, ward, township, and
5district numbers, as the case may be, of each person casting a
6provisional ballot to the State Board of Elections, which shall
7maintain those names and that information in an electronic
8format on its website, arranged by county and accessible to
9State and local political committees. The provisional voter
10may, within 7 2 calendar days after the election, submit
11additional information to the county clerk or board of election
12commissioners. This information must be received by the county
13clerk or board of election commissioners within the
147-calendar-day 2-calendar-day period.
15    (e) If the county clerk or board of election commissioners
16determines that subsection (b)(1), (b)(2), or (b)(3) does not
17apply, then the provisional ballot is not valid and may not be
18counted. The provisional ballot envelope containing the ballot
19cast by the provisional voter may not be opened. The county
20clerk or board of election commissioners shall write on the
21provisional ballot envelope the following: "Provisional ballot
22determined invalid.".
23    (f) If the county clerk or board of election commissioners
24determines that a provisional ballot is valid under this
25Section, then the provisional ballot envelope shall be opened.
26The outside of each provisional ballot envelope shall also be

 

 

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1marked to identify the precinct and the date of the election.
2    (g) Provisional ballots determined to be valid shall be
3counted at the election authority's central ballot counting
4location and shall not be counted in precincts. The provisional
5ballots determined to be valid shall be added to the vote
6totals for the precincts from which they were cast in the order
7in which the ballots were opened. The validation and counting
8of provisional ballots shall be subject to the provisions of
9this Code that apply to pollwatchers. If the provisional
10ballots are a ballot of a punch card voting system, then the
11provisional ballot shall be counted in a manner consistent with
12Article 24A. If the provisional ballots are a ballot of optical
13scan or other type of approved electronic voting system, then
14the provisional ballots shall be counted in a manner consistent
15with Article 24B.
16    (h) As soon as the ballots have been counted, the election
17judges or election officials shall, in the presence of the
18county clerk or board of election commissioners, place each of
19the following items in a separate envelope or bag: (1) all
20provisional ballots, voted or spoiled; (2) all provisional
21ballot envelopes of provisional ballots voted or spoiled; and
22(3) all executed affidavits of the provisional ballots voted or
23spoiled. All provisional ballot envelopes for provisional
24voters who have been determined not to be registered to vote
25shall remain sealed. The county clerk or board of election
26commissioners shall treat the provisional ballot envelope

 

 

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1containing the written affidavit as a voter registration
2application for that person for the next election and process
3that application. The election judges or election officials
4shall then securely seal each envelope or bag, initial the
5envelope or bag, and plainly mark on the outside of the
6envelope or bag in ink the precinct in which the provisional
7ballots were cast. The election judges or election officials
8shall then place each sealed envelope or bag into a box, secure
9and seal it in the same manner as described in item (6) of
10subsection (b) of Section 18A-5. Each election judge or
11election official shall take and subscribe an oath before the
12county clerk or board of election commissioners that the
13election judge or election official securely kept the ballots
14and papers in the box, did not permit any person to open the
15box or otherwise touch or tamper with the ballots and papers in
16the box, and has no knowledge of any other person opening the
17box. For purposes of this Section, the term "election official"
18means the county clerk, a member of the board of election
19commissioners, as the case may be, and their respective
20employees.
21(Source: P.A. 97-766, eff. 7-6-12.)
 
22    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
23    Sec. 19-2. Any elector as defined in Section 19-1 may by
24mail or electronically on the website of the appropriate
25election authority, not more than 40 nor less than 5 days prior

 

 

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1to the date of such election, or by personal delivery not more
2than 40 nor less than one day prior to the date of such
3election, make application to the county clerk or to the Board
4of Election Commissioners for an official ballot for the
5voter's precinct to be voted at such election. Such a ballot
6shall be delivered to the elector only upon separate
7application by the elector for each election.
8(Source: P.A. 96-553, eff. 8-17-09; 97-81, eff. 7-5-11.)
 
9    (10 ILCS 5/19-2.1)  (from Ch. 46, par. 19-2.1)
10    Sec. 19-2.1. In-person absentee voting in the office of the
11municipal, township, or road district clerks. At the
12consolidated primary, general primary, consolidated, and
13general elections, electors entitled to vote by absentee ballot
14under the provisions of Section 19-1 may vote in person at the
15office of the municipal clerk, if the elector is a resident of
16a municipality not having a board of election commissioners, or
17at the office of the township clerk or, in counties not under
18township organization, at the office of the road district clerk
19if the elector is not a resident of a municipality; provided,
20in each case that the municipal, township or road district
21clerk, as the case may be, is authorized to conduct in-person
22absentee voting pursuant to this Section. Absentee voting in
23such municipal and township clerk's offices under this Section
24shall be conducted from the 22nd day through the day before the
25election.

 

 

HB2418 Enrolled- 143 -LRB098 07643 HLH 37715 b

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

 

 

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

 

 

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1applicant is not listed on that poll list then by telephoning
2the office of the county clerk.
3    Within one day after a voter casts an in-person absentee
4ballot, the appropriate election authority shall transmit by
5electronic means pursuant to a process established by the State
6Board of Elections the voter's name, street address, e-mail
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.
12    Absentee voting procedures in the office of the municipal,
13township and road district clerks shall be subject to all of
14the applicable provisions of this Article 19. Pollwatchers may
15be appointed to observe in-person absentee voting procedures
16and view all reasonably requested records relating to the
17conduct of the election, provided the secrecy of the ballot is
18not impinged, at the office of the municipal, township or road
19district clerks' offices where such absentee voting is
20conducted. Such pollwatchers shall qualify and be appointed in
21the same manner as provided in Sections 7-34 and 17-23, except
22each candidate, political party or organization of citizens may
23appoint only one pollwatcher for each location where in-person
24absentee voting is conducted. Pollwatchers must be registered
25to vote in Illinois and possess valid pollwatcher credentials.
26All requirements in this Article applicable to election

 

 

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1authorities shall apply to the respective local clerks, except
2where inconsistent with this Section.
3    The sealed absentee ballots in their carrier envelope shall
4be delivered by the respective clerks, or by the election
5authority on behalf of a clerk if the clerk and the election
6authority agree, to the election authority's central ballot
7counting location before the close of the polls on the day of
8the general primary, consolidated primary, consolidated, or
9general election.
10    Not more than 23 days before the general and consolidated
11elections, the county clerk shall make available to those
12municipal, township and road district clerks conducting
13in-person absentee voting within such county, a sufficient
14number of applications, absentee ballots, envelopes, and
15printed voting instruction slips for use by absentee voters in
16the offices of such clerks. The respective clerks shall receipt
17for all ballots received, shall return all unused or spoiled
18ballots to the county clerk on the day of the election and
19shall strictly account for all ballots received.
20    The ballots delivered to the respective clerks shall
21include absentee ballots for each precinct in the municipality,
22township or road district, or shall include such separate
23ballots for each political subdivision conducting an election
24of officers or a referendum on that election day as will permit
25any resident of the municipality, township or road district to
26vote absentee in the office of the proper clerk.

 

 

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1    The clerks of all municipalities, townships and road
2districts may distribute applications for absentee ballot for
3the use of voters who wish to mail such applications to the
4appropriate election authority. Any person may produce,
5reproduce, distribute, or return to an election authority the
6application for absentee ballot. Upon receipt, the appropriate
7election authority shall accept and promptly process any
8application for absentee ballot.
9(Source: P.A. 96-1008, eff. 7-6-10; 97-766, eff. 7-6-12.)
 
10    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
11    Sec. 19-3. The application for absentee ballot shall be
12substantially in the following form:
13
APPLICATION FOR ABSENTEE BALLOT
14    To be voted at the .... election in the County of .... and
15State of Illinois, in the .... precinct of the (1) *township of
16.... (2) *City of .... or (3) *.... ward in the City of ....
17    I state that I am a resident of the .... precinct of the
18(1) *township of .... (2) *City of .... or (3) *.... ward in
19the city of .... residing at .... in such city or town in the
20county of .... and State of Illinois; that I have lived at such
21address for .... month(s) last past; that I am lawfully
22entitled to vote in such precinct at the .... election to be
23held therein on ....; and that I wish to vote by absentee
24ballot.
25    I hereby make application for an official ballot or ballots

 

 

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1to be voted by me at such election, and I agree that I shall
2return such ballot or ballots to the official issuing the same
3prior to the closing of the polls on the date of the election
4or, if returned by mail, postmarked no later than midnight
5preceding election day, for counting no later than during the
6period for counting provisional ballots, the last day of which
7is the 14th day following election day.
8    I understand that this application is made for an official
9absentee ballot or ballots to be voted by me at the election
10specified in this application and that I must submit a separate
11application for an official absentee ballot or ballots to be
12voted by me at any subsequent election.
13    Under penalties as provided by law pursuant to Section
1429-10 of The Election Code, the undersigned certifies that the
15statements set forth in this application are true and correct.
16
....
17
*fill in either (1), (2) or (3).
18
Post office address to which ballot is mailed:
19...............
20    However, if application is made for a primary election
21ballot, such application shall require the applicant to
22designate the name of the political party with which the
23applicant is affiliated.
24    If application is made electronically, the applicant shall
25mark the box associated with the above described statement
26included as part of the online application certifying that the

 

 

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1statements set forth in this application are true and correct,
2and a signature is not required.
3    Any person may produce, reproduce, distribute, or return to
4an election authority the application for absentee ballot. Upon
5receipt, the appropriate election authority shall accept and
6promptly process any application for absentee ballot submitted
7in a form substantially similar to that required by this
8Section, including any substantially similar production or
9reproduction generated by the applicant.
10(Source: P.A. 96-312, eff. 1-1-10; 96-553, eff. 8-17-09;
1196-1000, eff. 7-2-10; 96-1008, eff. 7-6-10; 97-766, eff.
127-6-12.)
 
13    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
14    Sec. 19-4. Mailing or delivery of ballots - Time.)
15Immediately upon the receipt of such application either by mail
16or electronic means, not more than 40 days nor less than 5 days
17prior to such election, or by personal delivery not more than
1840 days nor less than one day prior to such election, at the
19office of such election authority, it shall be the duty of such
20election authority to examine the records to ascertain whether
21or not such applicant is lawfully entitled to vote as
22requested, including a verification of the applicant's
23signature by comparison with the signature on the official
24registration record card, and if found so to be entitled to
25vote, to post within one business day thereafter the name,

 

 

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1street address, ward and precinct number or township and
2district number, as the case may be, of such applicant given on
3a list, the pages of which are to be numbered consecutively to
4be kept by such election authority for such purpose in a
5conspicuous, open and public place accessible to the public at
6the entrance of the office of such election authority, and in
7such a manner that such list may be viewed without necessity of
8requesting permission therefor. Within one day after posting
9the name and other information of an applicant for an absentee
10ballot, the election authority shall transmit by electronic
11means pursuant to a process established by the State Board of
12Elections that name and other posted information to the State
13Board of Elections, which shall maintain those names and other
14information in an electronic format on its website, arranged by
15county and accessible to State and local political committees.
16Within 2 business days after posting a name and other
17information on the list within its office, the election
18authority shall mail, postage prepaid, or deliver in person in
19such office an official ballot or ballots if more than one are
20to be voted at said election. Mail delivery of Temporarily
21Absent Student ballot applications pursuant to Section 19-12.3
22shall be by nonforwardable mail. However, for the consolidated
23election, absentee ballots for certain precincts may be
24delivered to applicants not less than 25 days before the
25election if so much time is required to have prepared and
26printed the ballots containing the names of persons nominated

 

 

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1for offices at the consolidated primary. The election authority
2shall enclose with each absentee ballot or application written
3instructions on how voting assistance shall be provided
4pursuant to Section 17-14 and a document, written and approved
5by the State Board of Elections, enumerating the circumstances
6under which a person is authorized to vote by absentee ballot
7pursuant to this Article; such document shall also include a
8statement informing the applicant that if he or she falsifies
9or is solicited by another to falsify his or her eligibility to
10cast an absentee ballot, such applicant or other is subject to
11penalties pursuant to Section 29-10 and Section 29-20 of the
12Election Code. Each election authority shall maintain a list of
13the name, street address, ward and precinct, or township and
14district number, as the case may be, of all applicants who have
15returned absentee ballots to such authority, and the name of
16such absent voter shall be added to such list within one
17business day from receipt of such ballot. If the absentee
18ballot envelope indicates that the voter was assisted in
19casting the ballot, the name of the person so assisting shall
20be included on the list. The list, the pages of which are to be
21numbered consecutively, shall be kept by each election
22authority in a conspicuous, open, and public place accessible
23to the public at the entrance of the office of the election
24authority and in a manner that the list may be viewed without
25necessity of requesting permission for viewing.
26    Each election authority shall maintain a list for each

 

 

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1election of the voters to whom it has issued absentee ballots.
2The list shall be maintained for each precinct within the
3jurisdiction of the election authority. Prior to the opening of
4the polls on election day, the election authority shall deliver
5to the judges of election in each precinct the list of
6registered voters in that precinct to whom absentee ballots
7have been issued by mail.
8    Each election authority shall maintain a list for each
9election of voters to whom it has issued temporarily absent
10student ballots. The list shall be maintained for each election
11jurisdiction within which such voters temporarily abide.
12Immediately after the close of the period during which
13application may be made by mail or electronic means for
14absentee ballots, each election authority shall mail to each
15other election authority within the State a certified list of
16all such voters temporarily abiding within the jurisdiction of
17the other election authority.
18    In the event that the return address of an application for
19ballot by a physically incapacitated elector is that of a
20facility licensed or certified under the Nursing Home Care Act,
21the Specialized Mental Health Rehabilitation Act, or the ID/DD
22Community Care Act, within the jurisdiction of the election
23authority, and the applicant is a registered voter in the
24precinct in which such facility is located, the ballots shall
25be prepared and transmitted to a responsible judge of election
26no later than 9 a.m. on the Saturday, Sunday or Monday

 

 

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1immediately preceding the election as designated by the
2election authority under Section 19-12.2. Such judge shall
3deliver in person on the designated day the ballot to the
4applicant on the premises of the facility from which
5application was made. The election authority shall by mail
6notify the applicant in such facility that the ballot will be
7delivered by a judge of election on the designated day.
8    All applications for absentee ballots shall be available at
9the office of the election authority for public inspection upon
10request from the time of receipt thereof by the election
11authority until 30 days after the election, except during the
12time such applications are kept in the office of the election
13authority pursuant to Section 19-7, and except during the time
14such applications are in the possession of the judges of
15election.
16(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227,
17eff. 1-1-12; 97-813, eff. 7-13-12.)
 
18    (10 ILCS 5/19-7)  (from Ch. 46, par. 19-7)
19    Sec. 19-7.
20    (a) Upon receipt of such absent voter's ballot, the
21election authority shall forthwith enclose the same unopened,
22together with the application made by said absent voter in a
23large or carrier envelope which shall be securely sealed and
24endorsed with the name and official title of such officer and
25the words, "This envelope contains an absent voter's ballot and

 

 

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1must be opened on election day," together with the number and
2description of the precinct in which said ballot is to be
3voted, and such officer shall thereafter safely keep the same
4in his office until counted by him as provided in the next
5section.
6    (b) Within one day after receipt of such absent voter's
7ballot, the election authority shall transmit, by electronic
8means pursuant to a process established by the State Board of
9Elections, the voter's name, street address, e-mail address,
10and precinct, ward, township, and district numbers, as the case
11may be, to the State Board of Elections, which shall maintain
12those names and that information in an electronic format on its
13website, arranged by county and accessible to State and local
14political committees.
15(Source: P.A. 81-155.)
 
16    (10 ILCS 5/19A-15)
17    Sec. 19A-15. Period for early voting; hours.
18    (a) The period for early voting by personal appearance
19begins the 15th day preceding a general primary, consolidated
20primary, consolidated, or general election and extends through
21the 3rd day before election day.
22    (b) A permanent polling place for early voting must remain
23open during the hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m.
24to 5:00 p.m., on weekdays and 9:00 a.m. to 12:00 p.m. on
25Saturdays, Sundays, and holidays, and 12:00 p.m. to 3:00 p.m.

 

 

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1on Sundays; except that, in addition to the hours required by
2this subsection, a permanent early voting polling place
3designated by an election authority under subsection (c) of
4Section 19A-10 must remain open for a total of at least 8 hours
5on any holiday during the early voting period and a total of at
6least 14 hours on the final weekend during the early voting
7period.
8    (c) Notwithstanding subsections (a) and (b), an election
9authority may close an early voting polling place if the
10building in which the polling place is located has been closed
11by the State or unit of local government in response to a
12severe weather emergency. In the event of a closure, the
13election authority shall conduct early voting on the 2nd day
14before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to
155:00 p.m. The election authority shall notify the State Board
16of Elections of any closure and shall make reasonable efforts
17to provide notice to the public of the extended early voting
18period.
19    (d) Notwithstanding subsections (a) and (b), in 2013 only,
20an election authority may close an early voting place on Good
21Friday, Holy Saturday, and Easter Sunday, provided that the
22early voting place remains open 2 hours later on April 3, 4,
23and 5 of 2013. The election authority shall notify the State
24Board of Elections of any closure and shall provide notice to
25the public of the closure and the extended hours during the
26final week.

 

 

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1(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
2eff. 3-12-13.)
 
3    (10 ILCS 5/19A-70)
4    Sec. 19A-70. Advertising or campaigning in proximity of
5polling place; penalty. During the period prescribed in Section
619A-15 for early voting by personal appearance, no advertising
7pertaining to any candidate or proposition to be voted on may
8be displayed in or within 100 feet of any polling place used by
9voters under this Article. No person may engage in
10electioneering in or within 100 feet of any polling place used
11by voters under this Article. The provisions of Section 17-29
12with respect to establishment of a campaign free zone,
13including, but not limited to, the provisions for placement of
14signage on public property beyond the campaign free zone, apply
15to polling places under this Article.
16    Any person who violates this Section may be punished for
17contempt of court.
18(Source: P.A. 94-645, eff. 8-22-05.)
 
19    (10 ILCS 5/22-6)  (from Ch. 46, par. 22-6)
20    Sec. 22-6. E-Canvass.
21    (a) Within 22 days after each election, each Election
22Authority shall provide unit-by-unit vote totals to the State
23Board of Elections in an electronic format to be prescribed by
24the State Board of Elections. The State Board of Elections

 

 

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1shall promulgate rules necessary for the implementation of this
2Section.
3    (b) Beginning with the November 2014 general election and
4every primary, consolidated, general, and special election
5thereafter, within 52 days after each election, the State Board
6of Elections shall publish the precinct-by-precinct vote
7totals on its website and make them available in a downloadable
8form.
9(Source: P.A. 95-699, eff. 11-9-07.)
 
10    (10 ILCS 5/24A-6.2 new)
11    Sec. 24A-6.2. Programming of automatic tabulating
12equipment. Beginning with the 2014 general election and all
13primary, consolidated, general, and special elections
14thereafter, automatic tabulating equipment authorized by this
15Section and programmed for a primary, consolidated, general, or
16special election conducted pursuant to general election law
17shall be programmed using the unique race and candidate ID
18numbers assigned by the State Board of Elections. The unique
19race and candidate ID numbers will be provided to the county
20clerk or election authority, as the case may be, with the
21candidate certification prepared by the State Board of
22Elections. In addition, any new voting system approved by the
23state after the 2014 general election shall have the capability
24to export the election results by ballot style and group them
25by precinct in an electronic format prescribed by the State

 

 

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1Board of Elections.
 
2    (10 ILCS 5/24A-16)  (from Ch. 46, par. 24A-16)
3    Sec. 24A-16. The State Board of Elections shall approve all
4voting systems provided by this Article.
5    No voting system shall be approved unless it fulfills the
6following requirements:
7        (1) It enables a voter to vote in absolute secrecy;
8        (2) (Blank);
9        (3) It enables a voter to vote a ticket selected in
10    part from the nominees of one party, and in part from the
11    nominees of any or all parties, and in part from
12    independent candidates and in part of candidates whose
13    names are written in by the voter;
14        (4) It enables a voter to vote a written or printed
15    ticket of his own selection for any person for any office
16    for whom he may desire to vote;
17        (5) It will reject all votes for an office or upon a
18    proposition when the voter has cast more votes for such
19    office or upon such proposition than he is entitled to
20    cast;
21        (5.5) It will identify when a voter has not voted for
22    all statewide constitutional offices;
23        (6) It will accommodate all propositions to be
24    submitted to the voters in the form provided by law or,
25    where no such form is provided, then in brief form, not to

 

 

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1    exceed 75 words.
2        (7) It will accommodate the tabulation programming
3    requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2.
4    The State Board of Elections shall not approve any voting
5equipment or system that includes an external Infrared Data
6Association (IrDA) communications port.
7    The State Board of Elections is authorized to withdraw its
8approval of a voting system if the system fails to fulfill the
9above requirements.
10    The vendor, person, or other private entity shall be solely
11responsible for the production and cost of: all application
12fees; all ballots; additional temporary workers; and other
13equipment or facilities needed and used in the testing of the
14vendor's, person's, or other private entity's respective
15equipment and software.
16    Any voting system vendor, person, or other private entity
17seeking the State Board of Elections' approval of a voting
18system shall, as part of the approval application, submit to
19the State Board a non-refundable fee. The State Board of
20Elections by rule shall establish an appropriate fee structure,
21taking into account the type of voting system approval that is
22requested (such as approval of a new system, a modification of
23an existing system, the size of the modification, etc.). No
24voting system or modification of a voting system shall be
25approved unless the fee is paid.
26    No vendor, person, or other entity may sell, lease, or

 

 

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1loan, or have a written contract, including a contract
2contingent upon State Board approval of the voting system or
3voting system component, to sell, lease, or loan, a voting
4system or voting system component to any election jurisdiction
5unless the voting system or voting system component is first
6approved by the State Board of Elections pursuant to this
7Section.
8(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
 
9    (10 ILCS 5/24B-6.2 new)
10    Sec. 24B-6.2. Programming of automatic tabulating
11equipment. Beginning with the 2014 general election and all
12primary, consolidated, general, and special elections
13thereafter, automatic tabulating equipment authorized by this
14Section and programmed for a primary, consolidated, general, or
15special election conducted pursuant to general election law
16shall be programmed using the unique race and candidate ID
17numbers assigned by the State Board of Elections. The unique
18race and candidate ID numbers will be provided to the county
19clerk or election authority, as the case may be, with the
20candidate certification prepared by the State Board of
21Elections. In addition, any new voting system approved by the
22State after the 2014 general election shall have the capability
23to export the election results by ballot style and group them
24by precinct in an electronic format prescribed by the State
25Board of Elections.
 

 

 

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1    (10 ILCS 5/24C-6.2 new)
2    Sec. 24C-6.2. Programming of automatic tabulating
3equipment. Beginning with the 2014 general election and all
4primary, consolidated, general, and special elections
5thereafter, automatic tabulating equipment authorized by this
6Section and programmed for a primary, consolidated, general, or
7special election conducted pursuant to general election law
8shall be programmed using the unique race and candidate ID
9numbers assigned by the State Board of Elections. The unique
10race and candidate ID numbers will be provided to the county
11clerk or election authority, as the case may be, with the
12candidate certification prepared by the State Board of
13Elections. In addition, any new voting system approved by the
14State after the 2014 general election shall have the capability
15to export the election results by ballot style and group them
16by precinct in an electronic format prescribed by the State
17Board of Elections.
 
18    (10 ILCS 5/28-8)  (from Ch. 46, par. 28-8)
19    Sec. 28-8. If a referendum held in accordance with Section
2028-7 of this Act involved the question of whether a unit of
21local government shall become a home rule unit or shall cease
22to be a home rule unit and if that referendum passed, then the
23clerk of that unit of local government shall, within 45 days
24after the referendum, file with the Secretary of State a

 

 

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1certified statement showing the results of the referendum and
2the resulting status of the unit of local government as a home
3rule unit or a non-home rule unit. The Secretary of State shall
4maintain such certified statements in his office as a public
5record.
6    The question of whether a unit of local government shall
7become a home rule unit shall be submitted in substantially the
8following form:
9    Shall (name of the unit of local government) become a home
10rule unit?
11    Votes must be recorded as "yes" or "no".
12    The question of whether a unit of local government shall
13cease to be a home rule unit shall be submitted in
14substantially the following form:
15    Shall (name of the unit of local government) cease to be a
16home rule unit?
17    Votes must be recorded as "yes" or "no".
18(Source: P.A. 95-699, eff. 11-9-07.)
 
19    Section 7. The Illinois Identification Card Act is amended
20by changing Section 11 as follows:
 
21    (15 ILCS 335/11)  (from Ch. 124, par. 31)
22    Sec. 11. The Secretary may make a search of his records and
23furnish information as to whether a person has a current
24Standard Illinois Identification Card or an Illinois Person

 

 

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1with a Disability Identification Card then on file, upon
2receipt of a written application therefor accompanied with the
3prescribed fee. However, the Secretary may not disclose medical
4information concerning an individual to any person, public
5agency, private agency, corporation or governmental body
6unless the individual has submitted a written request for the
7information or unless the individual has given prior written
8consent for the release of the information to a specific person
9or entity. This exception shall not apply to: (1) offices and
10employees of the Secretary who have a need to know the medical
11information in performance of their official duties, or (2)
12orders of a court of competent jurisdiction. When medical
13information is disclosed by the Secretary in accordance with
14the provisions of this Section, no liability shall rest with
15the Office of the Secretary of State as the information is
16released for informational purposes only.
17    The Secretary may release personally identifying
18information or highly restricted personal information only to:
19        (1) officers and employees of the Secretary who have a
20    need to know that information;
21        (2) other governmental agencies for use in their
22    official governmental functions;
23        (3) law enforcement agencies that need the information
24    for a criminal or civil investigation; or
25        (3-5) the State Board of Elections for the sole purpose
26    of providing the signatures required by a local election

 

 

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1    authority to register a voter through an online voter
2    registration system; or
3        (4) any entity that the Secretary has authorized, by
4    rule, to receive this information.
5    The Secretary may not disclose an individual's social
6security number or any associated information obtained from the
7Social Security Administration without the written request or
8consent of the individual except: (i) to officers and employees
9of the Secretary who have a need to know the social security
10number in the performance of their official duties; (ii) to law
11enforcement officials for a lawful civil or criminal law
12enforcement investigation if the head of the law enforcement
13agency has made a written request to the Secretary specifying
14the law enforcement investigation for which the social security
15number is being sought; (iii) under a lawful court order signed
16by a judge; or (iv) to the Illinois Department of Veterans'
17Affairs for the purpose of confirming veteran status.
18(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13;
19revised 9-5-12.)
 
20    Section 10. The Counties Code is amended by changing
21Section 3-6001.5 as follows:
 
22    (55 ILCS 5/3-6001.5)
23    Sec. 3-6001.5. Sheriff qualifications. On or after the
24effective date of this amendatory Act of the 98th General

 

 

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1Assembly December 1, 1997, except as otherwise provided in this
2Section, a person is not eligible to be a candidate for the
3office of sheriff, and a person shall not be elected or
4appointed to the office of sheriff, unless that person meets
5all of the following requirements:
6    (1) Is a United States citizen.
7    (2) Has been a resident of the county for at least one
8year.
9    (3) Is not a convicted felon.
10(Source: P.A. 90-447, eff. 8-16-97.)
 
11    Section 15. The Illinois Municipal Code is amended by
12changing Section 3.1-10-5 as follows:
 
13    (65 ILCS 5/3.1-10-5)  (from Ch. 24, par. 3.1-10-5)
14    Sec. 3.1-10-5. Qualifications; elective office.
15    (a) A person is not eligible for an elective municipal
16office unless that person is a qualified elector of the
17municipality and has resided in the municipality at least one
18year next preceding the election or appointment, except as
19provided in Section 3.1-20-25, subsection (b) of Section
203.1-25-75, Section 5-2-2, or Section 5-2-11.
21    (b) A person is not eligible to take the oath of office for
22a municipal office if that person is, at the time required for
23taking the oath of office, in arrears in the payment of a tax
24or other indebtedness due to the municipality or A person is

 

 

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1not eligible for an elective municipal office if that person is
2in arrears in the payment of a tax or other indebtedness due to
3the municipality or has been convicted in any court located in
4the United States of any infamous crime, bribery, perjury, or
5other felony.
6    (b-5) A person is not eligible to hold a municipal office,
7if that person is, at any time during the term of office, in
8arrears in the payment of a tax or other indebtedness due to
9the municipality or has been convicted in any court located in
10the United States of any infamous crime, bribery, perjury, or
11other felony.
12    (c) A person is not eligible for the office of alderman of
13a ward unless that person has resided in the ward that the
14person seeks to represent, and a person is not eligible for the
15office of trustee of a district unless that person has resided
16in the municipality, at least one year next preceding the
17election or appointment, except as provided in Section
183.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2,
19or Section 5-2-11.
20    (d) If a person (i) is a resident of a municipality
21immediately prior to the active duty military service of that
22person or that person's spouse, (ii) resides anywhere outside
23of the municipality during that active duty military service,
24and (iii) immediately upon completion of that active duty
25military service is again a resident of the municipality, then
26the time during which the person resides outside the

 

 

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1municipality during the active duty military service is deemed
2to be time during which the person is a resident of the
3municipality for purposes of determining the residency
4requirement under subsection (a).
5(Source: P.A. 97-1091, eff. 8-24-12.)
 
6    Section 20. The Revised Cities and Villages Act of 1941 is
7amended by changing Sections 21-12, 21-28, 21-30 and 21-32 as
8follows:
 
9    (65 ILCS 20/21-12)  (from Ch. 24, par. 21-12)
10    Sec. 21-12. City clerk and city treasurer; Election;
11Tenure. At the time of election of the mayor there shall be
12elected also in a nonpartisan election a city clerk and a city
13treasurer. The candidates receiving a majority of the votes
14cast for clerk and treasurer at the consolidated primary
15election shall be declared the clerk and treasurer. If no
16candidate receives a majority of the votes for one of the
17offices, a runoff election shall be held at the consolidated
18election, when only the names of the candidates receiving the
19highest and second highest number of votes for that office at
20the consolidated primary election shall appear on the ballot.
21If more than one candidate received the highest or second
22highest number of votes for one of the offices at the
23consolidated primary election, the names of all candidates
24receiving the highest and second highest number of votes for

 

 

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1that office shall appear on the ballot at the consolidated
2election. The candidate receiving the highest number of votes
3at the consolidated election shall be declared elected.
4    The clerk and treasurer each shall hold office for a term
5of 4 years beginning at noon on the third Monday in May
6following the election and until a successor is elected and
7qualified. No person, however, shall be elected to the office
8of city treasurer for 2 terms in succession.
9(Source: P.A. 93-847, eff. 7-30-04.)
 
10    (65 ILCS 20/21-28)  (from Ch. 24, par. 21-28)
11    Sec. 21-28. Nomination by petition.
12    (a) All nominations for alderman of any ward in the city
13shall be by petition. All petitions for nominations of
14candidates shall be signed by such a number of legal voters of
15the ward as will aggregate not less than 4% two per cent of all
16the votes cast for alderman in such ward at the last preceding
17general election. For the election following the redistricting
18of wards petitions for nominations of candidates shall be
19signed by the number of legal voters of the ward as will
20aggregate not less than 4% 2% of the total number of votes cast
21for mayor at the last preceding municipal election divided by
22the number of wards.
23    (b) All nominations for mayor, city clerk, and city
24treasurer in the city shall be by petition. Each petition for
25nomination of a candidate must be signed by at least 12,500

 

 

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1legal voters of the city.
2    (c) All such petitions, and procedure with respect thereto,
3shall conform in other respects to the provisions of the
4election and ballot laws then in force in the city of Chicago
5concerning the nomination of independent candidates for public
6office by petition. The method of nomination herein provided is
7exclusive of and replaces all other methods heretofore provided
8by law.
9(Source: P.A. 94-645, eff. 8-22-05.)
 
10    (65 ILCS 20/21-30)  (from Ch. 24, par. 21-30)
11    Sec. 21-30. Form of ballot. Ballots to be used at any
12general, supplementary or special election for aldermen held
13under the provisions of this article, in addition to other
14requirements of law, shall conform to the following
15requirements:
16    (1) At the top of the ballots shall be printed in capital
17letters the words designating the ballot. If a general
18aldermanic election the words shall be "Official aldermanic
19election ballot"; if a supplementary election the designating
20words shall be "Official supplementary aldermanic election
21ballot"; if a special aldermanic election, the words shall be
22"Special aldermanic election ballot."
23    (2) Beginning not less than one inch below such designating
24words and extending across the face of the ballot, the title of
25each office to be filled shall be printed in capital letters.

 

 

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1    (3) The names of candidates for different terms of service
2therein (if any there be), shall be arranged and printed in
3groups according to the length of such terms.
4    (4) Immediately below the title of each office or group
5heading indicating the term of office, shall be printed in
6small letters the directions to voters, "Vote for one."
7    (5) Following thereupon shall be printed the names of the
8candidates for such office according to the title and the term
9thereof and below the name of each candidate shall be printed
10his place of residence, stating the street and number (if any).
11The names of candidates shall be printed in capital letters not
12less than one-eighth nor more than one-quarter of an inch in
13height, and immediately at the left of the name of each
14candidate shall be printed a square, the sides of which shall
15not be less than one-quarter of an inch in length. The names of
16all the candidates for each office shall be printed in a column
17and arranged in the order hereinafter designated; all names of
18candidates shall be printed in uniform type; the places of
19residence of such candidates shall be printed in uniform type;
20and squares upon said ballots shall be of uniform size; and
21spaces between the names of the candidates for the same office
22shall be of uniform size.
23    (6) The names of the candidates for alderman shall appear
24upon the ballot in the order in which petitions for nomination
25have been filed in the office of the board of election
26commissioners. However, 2 or more petitions filed within the

 

 

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1last hour of the filing deadline shall be deemed filed
2simultaneously. Where 2 or more petitions are received
3simultaneously, the board of election commissioners shall
4break ties and determine the order of filing by means of a
5lottery or other fair and impartial method of random selection
6approved by the board of election commissioners. Such lottery
7shall be conducted within 9 days following the last day for
8petition filing and shall be open to the public. Seven days
9written notice of the time and place of conducting such random
10selection shall be given, by the board of election
11commissioners, to the Chairman of each political party and to
12each organization of citizens within the city which was
13entitled, under The Election Code, at the next preceding
14election, to have pollwatchers present on the day of election.
15The board of election commissioners shall post in a
16conspicuous, open and public place, at the entrance of the
17office, notice of the time and place of such lottery. The board
18of election commissioners shall adopt rules and regulations
19governing the procedures for the conduct of such lottery.
20(Source: P.A. 86-867.)
 
21    (65 ILCS 20/21-32)  (from Ch. 24, par. 21-32)
22    Sec. 21-32. Party designations prohibited - Ballot to be
23separate from other ballots.
24    No party name, party initial, party circle platform,
25principle, appellation or distinguishing mark of any kind shall

 

 

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1be printed upon any election ballot used at any aldermanic
2election for mayor, city clerk, city treasurer, or alderman
3held under the provisions of this article.
4    If any party primary election or any election for any
5office other than aldermanic shall be held at the same time
6with any aldermanic election, the ballots for aldermen shall be
7separate from all other ballots, except that any question of
8public policy not required by law to be submitted on a separate
9ballot from that containing names of persons to be voted for
10may be submitted in the manner provided by law upon the same
11ballot as that used for an aldermanic election: Provided, that
12the polls shall be opened and closed for any aldermanic
13election at the same time as is provided for the opening and
14closing of any party primary election for any office other than
15alderman held at the same time.
16(Source: Laws 1941, vol. 2, p. 19.)
 
17    Section 25. The School Code is amended by changing Sections
186-2, 6-19, 9-10, 10-10, 32-1, and 32-2.5 as follows:
 
19    (105 ILCS 5/6-2)  (from Ch. 122, par. 6-2)
20    Sec. 6-2. Regional board; creation; membership; abolition
21and transfer of duties.
22    (a) There is created a regional board of school trustees
23for that territory in each educational service region exclusive
24of any school district organized under Article 34 and exclusive

 

 

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1of any school district whose school board has been given the
2powers of school trustees; provided that on the effective date
3of this amendatory Act of 1992 the regional board of school
4trustees theretofore created and existing for any territory in
5an educational service region containing 2,000,000 or more
6inhabitants is abolished, the terms of office of all members of
7the regional board of school trustees so abolished are
8terminated on that effective date, and from and after that
9effective date all rights, powers, duties, and
10responsibilities that were vested in or required by law to be
11exercised and performed by the former regional board of school
12trustees shall be vested in and exercised and performed by the
13successors to the former regional board of school trustees as
14provided in subsection (b) of this Section 6-2. Any school
15district whose board of education acts as a board of school
16trustees shall have within its district the powers and duties
17of a regional board of school trustees.
18    Unless abolished as provided in this Section, the regional
19board of school trustees, in both single county and
20multi-county educational service regions, shall consist of 7
21members. In single county regions not more than one trustee may
22be a resident of any one congressional township; however, in
23case there are fewer than 7 congressional townships in the
24region then not more than two of such trustees may be residents
25of the same congressional township. Notwithstanding the
26foregoing residency provision, in a single county region with a

 

 

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1population of greater than 750,000 inhabitants, but less than
21,200,000 inhabitants, 2 trustees may be residents of the same
3congressional township if and only if such trustees were
4elected at the April 9, 2013 consolidated election. In 2 county
5regions at least 2 trustees shall be residents of each county.
6In 3 or more county regions at least one trustee shall be a
7resident of each county. If more than 7 counties constitute the
8educational service region, the regional board of school
9trustees shall consist of one resident of each county.
10    The regional board of school trustees shall be a body
11politic and corporate by the name of "Regional Board of School
12Trustees of.... County (or Counties), Illinois." Such
13corporation shall have perpetual existence with power to sue
14and be sued and to plead and be impleaded in all courts and
15places where judicial proceedings are had.
16    (b) Upon the abolition of the regional board of school
17trustees and the termination of the terms of office of the
18members of that former regional board of school trustees in an
19educational service region containing 2,000,000 or more
20inhabitants as provided in subsection (a), the trustees of
21schools of each township included within the territory of that
22educational service region that was served by the former
23regional board of school trustees, or if any such township is a
24township referred to in subsection (b) of Section 5-1 and there
25are no trustees of schools acting in that township then the
26school board of each school district located in that township,

 

 

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1shall be the successors to the former regional board of school
2trustees. As successors to the former regional board of school
3trustees, the trustees of schools of each such township and the
4school board of each such school district, with respect to all
5territory included within the school township or school
6district served by the trustees of schools of the township or
7school board, shall be vested with and shall exercise and
8perform all rights, powers, duties, and responsibilities
9formerly held, exercised, and performed with respect to that
10territory by the regional board of school trustees abolished
11under subsection (a) of this Section.
12    Upon abolition of the regional board of school trustees in
13an educational service region having 2,000,000 or more
14inhabitants as provided in subsection (a) of this Section, all
15books, records, maps, papers, documents, equipment, supplies,
16accounts, deposits, and other personal property belonging to or
17subject to the control or disposition of the former regional
18board of school trustees (excepting only such items as may have
19been provided by the county board) shall be transferred and
20delivered to the trustees of schools of the townships and the
21school boards that are the successors to the former regional
22board of school trustees for the territory included within
23their respective school townships or school districts.
24    From and after the effective date of this amendatory Act of
251992, any reference in the School Code or any other law of this
26State to the regional board of school trustees or county board

 

 

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1of school trustees shall mean, with respect to all territory
2within an educational service region containing 2,000,000 or
3more inhabitants that formerly was served by a regional board
4of school trustees abolished under subsection (a) of this
5Section, the trustees of schools of the township or the school
6board of the school district that is the successor to the
7former regional board of school trustees with respect to the
8territory included within that school township or school
9district.
10(Source: P.A. 87-969.)
 
11    (105 ILCS 5/6-19)  (from Ch. 122, par. 6-19)
12    Sec. 6-19. Vacancy on regional board. Subject to the
13residency provisions in Section 6-2 of this Code, any Any
14vacancy on the regional board of school trustees shall be
15filled from the same territory by the remaining members until
16the next regular election for members of the regional board of
17school trustees, when the vacancy shall be filled for the
18unexpired time. Removal of a member from the township from
19which such member was elected into a township which has its
20quota of members on the board shall constitute a vacancy.
21(Source: P.A. 80-1469.)
 
22    (105 ILCS 5/9-10)  (from Ch. 122, par. 9-10)
23    Sec. 9-10. Candidates for office - Nominating petitions.
24Candidates for the office of school director shall be nominated

 

 

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1by petition signed by at least 25 voters or 5% of the voters,
2whichever is less, residing within the district and filed with
3the county clerk or the county board of election commissioners,
4as the case may be, of the county in which the principal office
5of the school district is located secretary of the board of
6school directors or with a person designated by the board to
7receive nominating petitions.
8    Nominations for members of boards of education, including
9non-high school boards of education shall be made by a petition
10signed by at least 50 voters or 10% of the voters, whichever is
11less, residing within the district and shall be filed with the
12county clerk or the county board of election commissioners, as
13the case may be, of the county in which the principal office of
14the school district is located secretary of the board of
15education or with a person designated by the board to receive
16nominating petitions. In addition to the requirements of the
17general election law, the form of such petitions shall be
18substantially as follows:
19
NOMINATING PETITIONS
20
(LEAVE OUT THE INAPPLICABLE PART.)
21    To the (County Clerk or County Board of Election
22Commissioners) secretary of the board of education (or board of
23directors) of district number .... of in .... County:
24    We the undersigned, being (.... or more) (or 10% or more)
25(or 5% or more) of the voters residing within said district,
26hereby petition that .... who resides at .... in the (city or

 

 

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1village) of .... in Township .... (or who resides outside any
2city, village or incorporated town and in Township ....) in
3said district shall be a candidate for the office of .... of
4the board of education (or board of directors) (full term)
5(vacancy) to be voted for at the election to be held on (insert
6date).
7    Name: .................. Address: ...................
 
8    In the designation of the name of a candidate on a petition
9for nomination, the candidate's given name or names, initial or
10initials, a nickname by which the candidate is commonly known,
11or a combination thereof may be used in addition to the
12candidate's surname. If a candidate has changed his or her
13name, whether by a statutory or common law procedure in
14Illinois or any other jurisdiction, within 3 years before the
15last day for filing the petition, then (i) the candidate's name
16on the petition must be followed by "formerly known as (list
17all prior names during the 3-year period) until name changed on
18(list date of each such name change)" and (ii) the petition
19must be accompanied by the candidate's affidavit stating the
20candidate's previous names during the period specified in
21clause (i) and the date or dates each of those names was
22changed; failure to meet these requirements shall be grounds
23for denying certification of the candidate's name for the
24ballot, but these requirements do not apply to name changes
25resulting from adoption to assume an adoptive parent's or

 

 

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1parents' surname, marriage to assume a spouse's surname, or
2dissolution of marriage or declaration of invalidity of
3marriage to assume a former surname. No other designation, such
4as a political slogan, as defined by Section 7-17 of the
5Election Code, title or degree, or nickname suggesting or
6implying possession of a title, degree or professional status,
7or similar information may be used in connection with the
8candidate's surname.
9    Nomination papers filed under this Section are not valid
10unless the candidate named therein files with the county clerk
11or the county board of election commissioners, as the case may
12be, of the county in which the principal office of the school
13district is located secretary of the board of education or a
14person designated by the board to receive nominating petitions
15a receipt from the county clerk showing that the candidate has
16filed a statement of economic interests as required by the
17Illinois Governmental Ethics Act. Such receipt shall be so
18filed either previously during the calendar year in which his
19nomination papers were filed or within the period for the
20filing of nomination papers in accordance with the general
21election law.
22    All petitions for the nomination of members of a board of
23education shall be filed with the county clerk or the county
24board of election commissioners, as the case may be, of the
25county in which the principal office of the school district is
26located secretary of the board or a person designated by the

 

 

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1board to receive nominating petitions within the time provided
2for by the general election law. The county clerk or the county
3board of election commissioners secretary shall receive and
4file only those petitions which include a statement of
5candidacy, the required number of voter signatures, the
6notarized signature of the petition circulator and a receipt
7from the County Clerk showing that the candidate has filed a
8statement of economic interest on or before the last day to
9file as required by the Illinois Governmental Ethics Act. The
10county clerk or the county board of election commissioners
11secretary may have petition forms available for issuance to
12potential candidates, and may give notice of the petition
13filing period by publication in a newspaper of general
14circulation within the school district not less than 10 days
15prior to the first day of filing. The county clerk or the
16county board of election commissioners Said secretary shall
17make certification to the proper election authorities in
18accordance with the general election law. If the secretary is
19an incumbent school board member seeking re-election, a
20disinterested person must be a witness to the filing of his
21petition.
22    The county clerk or the county board of election
23commissioners, as the case may be, of the county in which the
24principal office of the school district is located secretary of
25the board of education shall notify the candidates for whom a
26petition for nomination is filed or the appropriate committee

 

 

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1of the obligations under the Campaign Financing Act as provided
2in the general election law. Such notice shall be given on a
3form prescribed by the State Board of Elections and in
4accordance with the requirements of the general election law.
5The county clerk or county board of election commissioners
6secretary shall within 7 days of filing or on the last day for
7filing, whichever is earlier, acknowledge to the petitioner in
8writing the office's his acceptance of the petition.
9    A candidate for membership on the board of education or for
10office as a school director, who has petitioned for nomination
11to fill a full term and to fill a vacant term to be voted upon
12at the same election, must withdraw his or her petition for
13nomination from either the full term or the vacant term by
14written declaration.
15    In all newly organized districts the petition for the
16nomination of candidates for members of the board of education
17at the first election shall be addressed to and filed with the
18regional superintendent of schools in the manner herein
19specified for the petitions for members of a board of
20education. For such election the regional superintendent shall
21fulfill all duties otherwise assigned to the secretary of the
22board of education.
23(Source: P.A. 95-141, eff. 8-13-07.)
 
24    (105 ILCS 5/10-10)  (from Ch. 122, par. 10-10)
25    Sec. 10-10. Board of education; Term; Vacancy. All school

 

 

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1districts having a population of not fewer than 1,000 and not
2more than 500,000 inhabitants, as ascertained by any special or
3general census, and not governed by special Acts, shall be
4governed by a board of education consisting of 7 members,
5serving without compensation except as herein provided. Each
6member shall be elected for a term of 4 years for the initial
7members of the board of education of a combined school district
8to which that subsection applies. If 5 members are elected in
91983 pursuant to the extension of terms provided by law for
10transition to the consolidated election schedule under the
11general election law, 2 of those members shall be elected to
12serve terms of 2 years and 3 shall be elected to serve terms of
134 years; their successors shall serve for a 4 year term. When
14the voters of a district have voted to elect members of the
15board of education for 6 year terms, as provided in Section
169-5, the terms of office of members of the board of education
17of that district expire when their successors assume office but
18not later than 7 days after such election. If at the regular
19school election held in the first odd-numbered year after the
20determination to elect members for 6 year terms 2 members are
21elected, they shall serve for a 6 year term; and of the members
22elected at the next regular school election 3 shall serve for a
23term of 6 years and 2 shall serve a term of 2 years. Thereafter
24members elected in such districts shall be elected to a 6 year
25term. If at the regular school election held in the first
26odd-numbered year after the determination to elect members for

 

 

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16 year terms 3 members are elected, they shall serve for a 6
2year term; and of the members elected at the next regular
3school election 2 shall serve for a term of 2 years and 2 shall
4serve for a term of 6 years. Thereafter members elected in such
5districts shall be elected to a 6 year term. If at the regular
6school election held in the first odd-numbered year after the
7determination to elect members for 6 year terms 4 members are
8elected, 3 shall serve for a term of 6 years and one shall
9serve for a term of 2 years; and of the members elected at the
10next regular school election 2 shall serve for terms of 6 years
11and 2 shall serve for terms of 2 years. Thereafter members
12elected in such districts shall be elected to a 6 year term. If
13at the regular school election held in the first odd-numbered
14year after the determination to elect members for a 6 year term
155 members are elected, 3 shall serve for a term of 6 years and 2
16shall serve for a term of 2 years; and of the members elected
17at the next regular school election 2 shall serve for terms of
186 years and 2 shall serve for terms of 2 years. Thereafter
19members elected in such districts shall be elected to a 6 year
20term. An election for board members shall not be held in school
21districts which by consolidation, annexation or otherwise
22shall cease to exist as a school district within 6 months after
23the election date, and the term of all board members which
24would otherwise terminate shall be continued until such
25district shall cease to exist. Each member, on the date of his
26or her election, shall be a citizen of the United States of the

 

 

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1age of 18 years or over, shall be a resident of the State and
2the territory of the district for at least one year immediately
3preceding his or her election, shall be a registered voter as
4provided in the general election law, shall not be a school
5trustee, and shall not be a child sex offender as defined in
6Section 11-9.3 of the Criminal Code of 2012. When the board of
7education is the successor of the school directors, all rights
8of property, and all rights regarding causes of action existing
9or vested in such directors, shall vest in it as fully as they
10were vested in the school directors. Terms of members are
11subject to Section 2A-54 of the Election Code.
12    Nomination papers filed under this Section are not valid
13unless the candidate named therein files with the county clerk
14or the county board of election commissioners, as the case may
15be, of the county in which the principal office of the school
16district is located secretary of the board of education or with
17a person designated by the board to receive nominating
18petitions a receipt from the county clerk showing that the
19candidate has filed a statement of economic interests as
20required by the Illinois Governmental Ethics Act. Such receipt
21shall be so filed either previously during the calendar year in
22which his nomination papers were filed or within the period for
23the filing of nomination papers in accordance with the general
24election law.
25    Whenever a vacancy occurs, the remaining members shall
26notify the regional superintendent of that vacancy within 5

 

 

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1days after its occurrence and shall proceed to fill the vacancy
2until the next regular school election, at which election a
3successor shall be elected to serve the remainder of the
4unexpired term. However, if the vacancy occurs with less than
5868 days remaining in the term, or if the vacancy occurs less
6than 88 days before the next regularly scheduled election for
7this office then the person so appointed shall serve the
8remainder of the unexpired term, and no election to fill the
9vacancy shall be held. Should they fail so to act, within 45
10days after the vacancy occurs, the regional superintendent of
11schools under whose supervision and control the district is
12operating, as defined in Section 3-14.2 of this Act, shall
13within 30 days after the remaining members have failed to fill
14the vacancy, fill the vacancy as provided for herein. Upon the
15regional superintendent's failure to fill the vacancy, the
16vacancy shall be filled at the next regularly scheduled
17election. Whether elected or appointed by the remaining members
18or regional superintendent, the successor shall be an
19inhabitant of the particular area from which his or her
20predecessor was elected if the residential requirements
21contained in Section 10-10.5 or 12-2 of this Code apply.
22    A board of education may appoint a student to the board to
23serve in an advisory capacity. The student member shall serve
24for a term as determined by the board. The board may not grant
25the student member any voting privileges, but shall consider
26the student member as an advisor. The student member may not

 

 

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1participate in or attend any executive session of the board.
2(Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
 
3    (105 ILCS 5/32-1)  (from Ch. 122, par. 32-1)
4    Sec. 32-1. May vote to organize under general law.
5    (a) Any special charter district may, by vote of its
6electors, cease to control its school under the Act under which
7it was organized, and become part of the school township or
8townships in which it is situated. Upon petition of 50 voters
9of the district, presented to the board having the control and
10management of the schools, the board shall order submitted to
11the voters at an election to be held in the district, in
12accordance with the general election law, the question of
13"organizing under the general school law". The secretary of the
14board shall make certification to the proper election authority
15in accordance with the general election law. If, however, a
16majority of the votes cast at any such election in any school
17district subject to Sections 32-3 through 32-4.11 is against
18organizing the district under the general school law, the
19question may not again be submitted in the district for 22
20months thereafter, and then only upon petition signed by at
21least 2% of the voters of the school district. Notice shall be
22given in accordance with the general election law, which notice
23shall be in the following form:
24
NOTICE OF REFERENDUM
25    Notice is hereby given that on (insert date), a referendum

 

 

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1will be held at.... for the purpose of deciding the question of
2organizing under the general school law. The polls will be
3opened at .... o'clock ..m and closed at .... o'clock ..m.
4
Signed .....

 
5    If a majority of the votes cast on the proposition is in
6favor of organizing under the general school law, then the
7board having the control and management of schools in the
8district, shall declare the proposition carried.
9    When such a proposition is declared to have so carried, the
10board of education shall continue to exercise its powers and
11duties under the general school law. Each member of the board
12of education selected under the provisions of the special
13charter shall continue in office until his term has expired.
14Before the term of each of these members expires, the board
15shall give notice of an election to be held on the date of the
16next regular school election, in accordance with the general
17election law to fill the vacancy which is created. Nomination
18papers filed under this Section are not valid unless the
19candidate named therein files with the county clerk or the
20county board of election commissioners, as the case may be, of
21the county in which the principal office of the school district
22is located secretary of the board of education a receipt from
23the county clerk showing that the candidate has filed a
24statement of economic interests as required by the Illinois
25Governmental Ethics Act. Such receipt shall be so filed either

 

 

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1previously during the calendar year in which his nomination
2papers were filed or within the period for the filing of
3nomination papers in accordance with the general election law.
4    (b) Notwithstanding the foregoing, any special charter
5district whose board is appointed by the mayor or other
6corporate authority of that municipality may, by resolution
7adopted by the corporate authorities of that municipality cease
8to control its school under the Act under which it was
9organized, become a part of the school township or townships in
10which it is situated and become organized under the general
11school law. If such a resolution is adopted, the board of
12education shall continue to exercise its powers and duties
13under the general school law. Each member of the board of
14education selected under the provisions of the special charter
15shall continue in office until his term has expired. Before the
16term of each of these members expires, the board shall give
17notice of an election to be held on the date of the next
18regular school election, in accordance with the general
19election law to fill the vacancy which is created.
20(Source: P.A. 91-357, eff. 7-29-99.)
 
21    (105 ILCS 5/32-2.5)  (from Ch. 122, par. 32-2.5)
22    Sec. 32-2.5. Election of board of education in lieu of
23appointive board. In all special charter districts having a
24population of over 35,000 by the last federal census, where the
25board of directors or board of education is elected or

 

 

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1appointed by the city council of the city, of which school
2district such city may form the whole or a part, and where
3there are no provisions in the special charter creating such
4school district for the election of a board of directors or
5board of education, there shall be elected in lieu of the
6present governing body a board of education to consist of 7
7members. Nomination of a candidate for member of the board of
8education shall be made by petitions signed in the aggregate by
9not less than 200 qualified voters residing in the school
10district, and also by filing with the petitions a statement of
11candidacy as provided in the general election law, which
12petitions and statements of candidacy shall be filed in the
13office of the board of education in accordance with the general
14election law.
15    Nomination papers filed under this Section are not valid
16unless the candidate named therein files with the county clerk
17or the county board of election commissioners, as the case may
18be, of the county in which the principal office of the school
19district is located secretary of the board of education a
20receipt from the county clerk showing that the candidate has
21filed a statement of economic interests as required by the
22Illinois Governmental Ethics Act. Such receipt shall be so
23filed either previously during the calendar year in which his
24nomination papers were filed or within the period for the
25filing of nomination papers in accordance with the general
26election law.

 

 

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1    The county clerk or the county board of election
2commissioners secretary of the board shall make certification
3to the proper election authority in accordance with the general
4election law.
5(Source: P.A. 81-1490.)
 
6    Section 30. The Fox Waterway Agency Act is amended by
7changing Section 5 as follows:
 
8    (615 ILCS 90/5)  (from Ch. 19, par. 1205)
9    Sec. 5. The Agency shall be governed by a Board of
10Directors, which shall consist of 6 directors and one chairman
11elected pursuant to this Section.
12    Three directors shall be elected from within the territory
13of each member county. Any resident of a member county and the
14territory of the Agency, at least 18 years of age, may become a
15candidate for election as a director by filing a nominating
16petition with the State Board of Elections containing the
17verified signatures of at least 200 of the registered voters of
18such county who reside within the territory of the Agency. Such
19petition shall be filed not more than 113 78 nor less than 106
2071 days prior to the date of election.
21    The chairman shall be elected at large from the territory
22of the Agency. Any person eligible to become a candidate for
23election as director may become a candidate for election as
24chairman by filing a nominating petition with the State Board

 

 

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1of Elections containing the verified signatures of at least 200
2of the registered voters of each member county who reside
3within the territory of the Agency. Such petition shall be
4filed not more than 113 78 nor less than 106 71 days prior to
5the date of the election.
6    Within 7 days after each consolidated election at which the
7chairman is elected, the county clerk of each member county
8shall transmit the returns for the election to the office of
9chairman to the State Board of Elections. The State Board of
10Elections shall immediately canvass the returns and proclaim
11the results thereof and shall issue a certificate of election
12to the person so elected.
13    Beginning in 1985, the directors and chairman shall be
14elected at the consolidated election and shall serve from the
15third Monday in May following their respective elections until
16their respective successors are elected and qualified. The term
17of office of a director shall be for 4 years, except that of
18the directors elected at the consolidated election of 1985, 3
19shall serve until the first Monday in May 1987 and 3 shall
20serve until the first Monday in May 1989. The term of office of
21a chairman shall be 4 years.
22    At least 90 days before the consolidated election of 1985
23the State Board of Elections shall meet to determine by lot
24which 3 director positions shall be elected for terms to expire
25on the first Monday in May 1987 and which 3 director positions
26shall be elected for terms to expire on the first Monday in May

 

 

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11989. At least one director position from each member county
2shall be elected for a term to expire on the first Monday in
3May 1987.
4    The county clerks of the member counties shall provide
5notice of each election for chairman and director in the manner
6prescribed in Article 12 of The Election Code, with the notice
7of the elections to be held at the consolidated election of
81985 to include a statement as to whether the director is to be
9elected for a term of 2 years or for a term of 4 years.
10    A chairman shall be elected at the consolidated election of
111985 and at each consolidated election every 4 years
12thereafter. Six directors shall be elected at the consolidated
13election of 1985. At the consolidated election of 1987, and at
14each consolidated election every 4 years thereafter, directors
15shall be elected from the constituencies of the directors who
16were elected at the consolidated election of 1985 and whose
17terms expired on the first Monday in May 1987. At the
18consolidated election of 1989, and at each consolidated
19election every 4 years thereafter, directors shall be elected
20from the constituencies of the directors who were elected at
21the consolidated election of 1985 and whose terms expired on
22the first Monday in May 1989.
23    Vacancies in the office of director or chairman shall be
24filled by the remaining members of the Board, who shall appoint
25to fill the vacated office for the remainder of the term of
26such office an individual who would be eligible for election to

 

 

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1such office. If, however, a vacancy occurs in the office of
2chairman or director with at least 28 months remaining in the
3term of such office, the office shall be filled for the
4remainder of the term at the next consolidated election. Until
5the office is filled by election, the remaining members of the
6Board shall appoint a qualified person to the office in the
7manner provided in this Section.
8(Source: P.A. 93-847, eff. 7-30-04.)
 
9    Section 35. The Illinois Vehicle Code is amended by
10changing Section 6-110.1 as follows:
 
11    (625 ILCS 5/6-110.1)
12    Sec. 6-110.1. Confidentiality of captured photographs or
13images. The Secretary of State shall maintain a file on or
14contract to file all photographs and signatures obtained in the
15process of issuing a driver's license, permit, or
16identification card. The photographs and signatures shall be
17confidential and shall not be disclosed except to the following
18persons:
19        (1) the individual upon written request;
20        (2) officers and employees of the Secretary of State
21    who have a need to have access to the stored images for
22    purposes of issuing and controlling driver's licenses,
23    permits, or identification cards;
24        (3) law enforcement officials for a lawful civil or

 

 

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1    criminal law enforcement investigation; or
2        (3-5) the State Board of Elections for the sole purpose
3    of providing the signatures required by a local election
4    authority to register a voter through an online voter
5    registration system; or
6        (4) other entities that the Secretary may exempt by
7    rule.
8(Source: P.A. 92-16, eff. 6-28-01.)
 
9    Section 97. Severability. The provisions of this Act are
10severable under Section 1.31 of the Statute on Statutes.
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law, except that the changes made to Sections 1A-16,
134-8, 4-10, 4-12, 4-15, 5-7, 5-9, 5-15, 5-21, 6-29, 6-35, 6-40,
14and 6-57 of the Election Code take effect on October 1, 2013.