Rep. Barbara Flynn Currie

Filed: 11/26/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 172

2    AMENDMENT NO. ______. Amend Senate Bill 172 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 1-9, 1-12, 1A-8, 1A-16, 1A-16.5, 1A-25, 3-6, 4-6.3,
64-10, 4-50, 4-105, 5-9, 5-16.3, 5-50, 5-105, 6-29, 6-50.3,
76-100, 6-105, 7-15, 7-34, 7-61, 8-17, 9-21, 10-7, 10-9, 11-4.1,
811-7, 12-1, 13-1, 13-2, 13-10, 14-3.1, 16-5.01, 17-8, 17-9,
917-18.1, 17-19.2, 17-21, 17-23, 17-29, 18-5, 18-9.2, 18A-5,
1018A-15, 19-3, 19-4, 19-5, 19-6, 19-7, 19-8, 19-10, 19-12.1,
1119-12.2, 19-13, 19-15, 19-20, 19A-10, 19A-15, 19A-25, 19A-35,
1219A-75, 20-1, 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-4, 20-5,
1320-6, 20-7, 20-8, 20-10, 20-13, 20-13.1, 20-25, 24-15, 24-16,
1424A-6, 24A-10, 24A-15.1, 24B-6, 24B-10, 24B-15.1, 24C-1,
1524C-6, 24C-11, 24C-13, 24C-15, 25-7, 28-9, 29-5, 29-20, and the
16heading of Article 19 and Section 19-2 and by adding Sections
171-9.1, 1-9.2, 1A-45, 13-3.5, 14-3.1A, 18A-218, 18A-218.10,

 

 

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118A-218.20, 18A-218.30, and 18A-218.40, as follows:
 
2    (10 ILCS 5/1-9)
3    Sec. 1-9. Central counting of grace period, early, vote by
4mail absentee, and provisional ballots. Notwithstanding any
5statutory provision to the contrary enacted before the
6effective date of this amendatory Act of the 94th General
7Assembly, all grace period ballots, early voting ballots, vote
8by mail absentee ballots, and provisional ballots to be counted
9shall be delivered to and counted at an election authority's
10central ballot counting location and not in precincts.
11References in this Code enacted before the effective date of
12this amendatory Act of the 94th General Assembly to delivery
13and counting of grace period ballots, early voting ballots,
14vote by mail absentee ballots, or provisional ballots to or at
15a precinct polling place or to the proper polling place shall
16be construed as references to delivery and counting of those
17ballots to and at the election authority's central ballot
18counting location.
19(Source: P.A. 94-1000, eff. 7-3-06.)
 
20    (10 ILCS 5/1-9.1 new)
21    Sec. 1-9.1. Ballot counting information dissemination.
22Each election authority maintaining a website must provide
2324-hour notice on its website of the date, time, and location
24of the analysis, processing, and counting of all ballot forms.

 

 

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1The election authority must also notify any political party or
2pollwatcher of the same information 24 hours before the count
3begins if such political party or pollwatcher has requested to
4be notified. Notification may be by electronic mail at the
5address provided by the requester.
 
6    (10 ILCS 5/1-9.2 new)
7    Sec. 1-9.2. Uncounted ballot information on website.
8Beginning at 4:00 p.m. on the day after election day, each
9election authority maintaining a website shall post the number
10of ballots that remain uncounted. The posting shall separate
11the totals into the following categories: ballots cast on
12election day, early voting ballots, provisional ballots, vote
13by mail ballots received by the election authority but not
14counted, and vote by mail ballots sent by the election
15authority but have not been returned to the election authority.
16This information shall be updated on the website of the
17election authority before 4:00 p.m. on each day until the
18period for counting provisional and vote by mail ballots has
19ended. All election authorities, regardless of whether they
20maintain a website, shall share the same information, separated
21in the same manner, with the State Board of Elections by 4:00
22p.m. each day beginning the day after election day and until
23the period for counting provisional and vote by mail ballots
24has ended.
 

 

 

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1    (10 ILCS 5/1-12)
2    Sec. 1-12. Public university voting.
3    (a) Each appropriate election authority shall, in addition
4to the early voting conducted at locations otherwise required
5by law, conduct early voting, grace period registration, and
6grace period voting at the student union in a high traffic
7location on the campus of a public university within the
8election authority's jurisdiction. The voting required by this
9subsection (a) to be conducted on campus must be conducted from
10the beginning of the 6th day before a general election day
11until the end of the 3rd day before a general election day from
1210:00 a.m. to 7 p.m. and as otherwise required by Article 19A
13of this Code. If an election authority has voting equipment
14that can accommodate a ballot in every form required in the
15election authority's jurisdiction, then the election authority
16shall extend early voting under this Section to any registered
17voter in the election authority's jurisdiction. However, if the
18election authority does not have voting equipment that can
19accommodate a ballot in every form required in the election
20authority's jurisdiction, then the election authority may
21limit early voting under this Section to registered voters in
22precincts where the public university is located and precincts
23bordering the university. Each public university shall make the
24space available at the student union in a high traffic area
25for, and cooperate and coordinate with the appropriate election
26authority in, the implementation of this subsection (a).

 

 

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1    (b) (Blank). Each appropriate election authority shall, in
2addition to the voting conducted at locations otherwise
3required by law, conduct in-person absentee voting on election
4day in a high-traffic location on the campus of a public
5university within the election authority's jurisdiction. The
6procedures for conducting in-person absentee voting at a site
7established pursuant to this subsection (b) shall, to the
8extent practicable, be the same procedures required by Article
919 of this Code for in-person absentee ballots. The election
10authority may limit in-person absentee voting under this
11subsection (b) to registered voters in precincts where the
12public university is located and precincts bordering the
13university. The election authority shall have voting equipment
14and ballots necessary to accommodate registered voters who may
15cast an in-person absentee ballot at a site established
16pursuant to this subsection (b). Each public university shall
17make the space available in a high-traffic area for, and
18cooperate and coordinate with the appropriate election
19authority in, the implementation of this subsection (b).
20    (c) For the purposes of this Section, "public university"
21means the University of Illinois, Illinois State University,
22Chicago State University, Governors State University, Southern
23Illinois University, Northern Illinois University, Eastern
24Illinois University, Western Illinois University, or
25Northeastern Illinois University the University of Illinois at
26its campuses in Urbana-Champaign and Springfield, Southern

 

 

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1Illinois University at its campuses in Carbondale and
2Edwardsville, Eastern Illinois University, Illinois State
3University, Northern Illinois University, and Western Illinois
4University at its campuses in Macomb and Moline.
5(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
 
6    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
7    Sec. 1A-8. The State Board of Elections shall exercise the
8following powers and perform the following duties in addition
9to any powers or duties otherwise provided for by law:
10        (1) Assume all duties and responsibilities of the State
11    Electoral Board and the Secretary of State as heretofore
12    provided in this Act;
13        (2) Disseminate information to and consult with
14    election authorities concerning the conduct of elections
15    and registration in accordance with the laws of this State
16    and the laws of the United States;
17        (3) Furnish to each election authority prior to each
18    primary and general election and any other election it
19    deems necessary, a manual of uniform instructions
20    consistent with the provisions of this Act which shall be
21    used by election authorities in the preparation of the
22    official manual of instruction to be used by the judges of
23    election in any such election. In preparing such manual,
24    the State Board shall consult with representatives of the
25    election authorities throughout the State. The State Board

 

 

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1    may provide separate portions of the uniform instructions
2    applicable to different election jurisdictions which
3    administer elections under different options provided by
4    law. The State Board may by regulation require particular
5    portions of the uniform instructions to be included in any
6    official manual of instructions published by election
7    authorities. Any manual of instructions published by any
8    election authority shall be identical with the manual of
9    uniform instructions issued by the Board, but may be
10    adapted by the election authority to accommodate special or
11    unusual local election problems, provided that all manuals
12    published by election authorities must be consistent with
13    the provisions of this Act in all respects and must receive
14    the approval of the State Board of Elections prior to
15    publication; provided further that if the State Board does
16    not approve or disapprove of a proposed manual within 60
17    days of its submission, the manual shall be deemed
18    approved.
19        (4) Prescribe and require the use of such uniform
20    forms, notices, and other supplies not inconsistent with
21    the provisions of this Act as it shall deem advisable which
22    shall be used by election authorities in the conduct of
23    elections and registrations;
24        (5) Prepare and certify the form of ballot for any
25    proposed amendment to the Constitution of the State of
26    Illinois, or any referendum to be submitted to the electors

 

 

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1    throughout the State or, when required to do so by law, to
2    the voters of any area or unit of local government of the
3    State;
4        (6) Require such statistical reports regarding the
5    conduct of elections and registration from election
6    authorities as may be deemed necessary;
7        (7) Review and inspect procedures and records relating
8    to conduct of elections and registration as may be deemed
9    necessary, and to report violations of election laws to the
10    appropriate State's Attorney or the Attorney General;
11        (8) Recommend to the General Assembly legislation to
12    improve the administration of elections and registration;
13        (9) Adopt, amend or rescind rules and regulations in
14    the performance of its duties provided that all such rules
15    and regulations must be consistent with the provisions of
16    this Article 1A or issued pursuant to authority otherwise
17    provided by law;
18        (10) Determine the validity and sufficiency of
19    petitions filed under Article XIV, Section 3, of the
20    Constitution of the State of Illinois of 1970;
21        (11) Maintain in its principal office a research
22    library that includes, but is not limited to, abstracts of
23    votes by precinct for general primary elections and general
24    elections, current precinct maps and current precinct poll
25    lists from all election jurisdictions within the State. The
26    research library shall be open to the public during regular

 

 

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1    business hours. Such abstracts, maps and lists shall be
2    preserved as permanent records and shall be available for
3    examination and copying at a reasonable cost;
4        (12) Supervise the administration of the registration
5    and election laws throughout the State;
6        (13) Obtain from the Department of Central Management
7    Services, under Section 405-250 of the Department of
8    Central Management Services Law (20 ILCS 405/405-250),
9    such use of electronic data processing equipment as may be
10    required to perform the duties of the State Board of
11    Elections and to provide election-related information to
12    candidates, public and party officials, interested civic
13    organizations and the general public in a timely and
14    efficient manner; and
15        (14) To take such action as may be necessary or
16    required to give effect to directions of the national
17    committee or State central committee of an established
18    political party under Sections 7-8, 7-11 and 7-14.1 or such
19    other provisions as may be applicable pertaining to the
20    selection of delegates and alternate delegates to an
21    established political party's national nominating
22    conventions or, notwithstanding any candidate
23    certification schedule contained within the Election Code,
24    the certification of the Presidential and Vice
25    Presidential candidate selected by the established
26    political party's national nominating convention; .

 

 

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1        (15) To post all early voting sites and hours of
2    operation on its website at least 5 business days before
3    the period for early voting begins; and
4        (16) To post on its website the statewide totals, and
5    totals separated by each election authority, for each of
6    the counts received pursuant to Section 1-9.2.
7    The Board may by regulation delegate any of its duties or
8functions under this Article, except that final determinations
9and orders under this Article shall be issued only by the
10Board.
11    The requirement for reporting to the General Assembly shall
12be satisfied by filing copies of the report with the Speaker,
13the Minority Leader and the Clerk of the House of
14Representatives and the President, the Minority Leader and the
15Secretary of the Senate and the Legislative Research Unit, as
16required by Section 3.1 of "An Act to revise the law in
17relation to the General Assembly", approved February 25, 1874,
18as amended, and filing such additional copies with the State
19Government Report Distribution Center for the General Assembly
20as is required under paragraph (t) of Section 7 of the State
21Library Act.
22(Source: P.A. 95-6, eff. 6-20-07; 95-699, eff. 11-9-07.)
 
23    (10 ILCS 5/1A-16)
24    Sec. 1A-16. Voter registration information; Internet
25posting; processing of voter registration forms; content of

 

 

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1such forms. Notwithstanding any law to the contrary, the
2following provisions shall apply to voter registration under
3this Code.
4    (a) Voter registration information; Internet posting of
5voter registration form. Within 90 days after the effective
6date of this amendatory Act of the 93rd General Assembly, the
7State Board of Elections shall post on its World Wide Web site
8the following information:
9        (1) A comprehensive list of the names, addresses, phone
10    numbers, and websites, if applicable, of all county clerks
11    and boards of election commissioners in Illinois.
12        (2) A schedule of upcoming elections and the deadline
13    for voter registration.
14        (3) A downloadable, printable voter registration form,
15    in at least English and in Spanish versions, that a person
16    may complete and mail or submit to the State Board of
17    Elections or the appropriate county clerk or board of
18    election commissioners.
19Any forms described under paragraph (3) must state the
20following:
21        If you do not have a driver's license or social
22    security number, and this form is submitted by mail, and
23    you have never registered to vote in the jurisdiction you
24    are now registering in, then you must send, with this
25    application, either (i) a copy of a current and valid photo
26    identification, or (ii) a copy of a current utility bill,

 

 

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1    bank statement, government check, paycheck, or other
2    government document that shows the name and address of the
3    voter. If you do not provide the information required
4    above, then you will be required to provide election
5    officials with either (i) or (ii) described above the first
6    time you vote at a voting place or by absentee ballot.
7    (b) Acceptance of registration forms by the State Board of
8Elections and county clerks and board of election
9commissioners. The State Board of Elections, county clerks, and
10board of election commissioners shall accept all completed
11voter registration forms described in subsection (a)(3) of this
12Section and Sections 1A-17 and 1A-30 that are:
13        (1) postmarked on or before the day that voter
14    registration is closed under the Election Code;
15        (2) not postmarked, but arrives no later than 5 days
16    after the close of registration;
17        (3) submitted in person by a person using the form on
18    or before the day that voter registration is closed under
19    the Election Code; or
20        (4) submitted in person by a person who submits one or
21    more forms on behalf of one or more persons who used the
22    form on or before the day that voter registration is closed
23    under the Election Code.
24    Upon the receipt of a registration form, the State Board of
25Elections shall mark the date on which the form was received
26and send the form via first class mail to the appropriate

 

 

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1county clerk or board of election commissioners, as the case
2may be, within 2 business days based upon the home address of
3the person submitting the registration form. The county clerk
4and board of election commissioners shall accept and process
5any form received from the State Board of Elections.
6    (c) Processing of registration forms by county clerks and
7boards of election commissioners. The county clerk or board of
8election commissioners shall promulgate procedures for
9processing the voter registration form.
10    (d) Contents of the voter registration form. The State
11Board shall create a voter registration form, which must
12contain the following content:
13        (1) Instructions for completing the form.
14        (2) A summary of the qualifications to register to vote
15    in Illinois.
16        (3) Instructions for mailing in or submitting the form
17    in person.
18        (4) The phone number for the State Board of Elections
19    should a person submitting the form have questions.
20        (5) A box for the person to check that explains one of
21    3 reasons for submitting the form:
22            (a) new registration;
23            (b) change of address; or
24            (c) change of name.
25        (6) a box for the person to check yes or no that asks,
26    "Are you a citizen of the United States?", a box for the

 

 

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1    person to check yes or no that asks, "Will you be 18 years
2    of age on or before election day?", and a statement of "If
3    you checked 'no' in response to either of these questions,
4    then do not complete this form.".
5        (7) A space for the person to fill in his or her home
6    telephone number.
7        (8) Spaces for the person to fill in his or her first,
8    middle, and last names, street address (principal place of
9    residence), county, city, state, and zip code.
10        (9) Spaces for the person to fill in his or her mailing
11    address, city, state, and zip code if different from his or
12    her principal place of residence.
13        (10) A space for the person to fill in his or her
14    Illinois driver's license number if the person has a
15    driver's license.
16        (11) A space for a person without a driver's license to
17    fill in the last four digits of his or her social security
18    number if the person has a social security number.
19        (12) A space for a person without an Illinois driver's
20    license to fill in his or her identification number from
21    his or her State Identification card issued by the
22    Secretary of State.
23        (13) A space for the person to fill the name appearing
24    on his or her last voter registration, the street address
25    of his or her last registration, including the city,
26    county, state, and zip code.

 

 

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

 

 

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1implementation of this Section; provided that the rules comport
2with the letter and spirit of the National Voter Registration
3Act of 1993 and Help America Vote Act of 2002 and maximize the
4opportunity for a person to register to vote.
5    (e) Forms available in paper form. The State Board of
6Elections shall make the voter registration form available in
7regular paper stock and form in sufficient quantities for the
8general public. The State Board of Elections may provide the
9voter registration form to the Secretary of State, county
10clerks, boards of election commissioners, designated agencies
11of the State of Illinois, and any other person or entity
12designated to have these forms by the Election Code in regular
13paper stock and form or some other format deemed suitable by
14the Board. Each county clerk or board of election commissioners
15has the authority to design and print its own voter
16registration form so long as the form complies with the
17requirements of this Section. The State Board of Elections,
18county clerks, boards of election commissioners, or other
19designated agencies of the State of Illinois required to have
20these forms under the Election Code shall provide a member of
21the public with any reasonable number of forms that he or she
22may request. Nothing in this Section shall permit the State
23Board of Elections, county clerk, board of election
24commissioners, or other appropriate election official who may
25accept a voter registration form to refuse to accept a voter
26registration form because the form is printed on photocopier or

 

 

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1regular paper stock and form.
2    (f) (Blank).
3(Source: P.A. 98-115, eff. 10-1-13.)
 
4    (10 ILCS 5/1A-16.5)
5    Sec. 1A-16.5. Online voter registration.
6    (a) The State Board of Elections shall establish and
7maintain a system for online voter registration that permits a
8person to apply to register to vote or to update his or her
9existing voter registration. In accordance with technical
10specifications provided by the State Board of Elections, each
11election authority shall maintain a voter registration system
12capable of receiving and processing voter registration
13application information, including electronic signatures, from
14the online voter registration system established by the State
15Board of Elections.
16    (b) The online voter registration system shall employ
17security measures to ensure the accuracy and integrity of voter
18registration applications submitted electronically pursuant to
19this Section.
20    (c) The Board may receive voter registration information
21provided by applicants using the State Board of Elections'
22website, may cross reference that information with data or
23information contained in the Secretary of State's database in
24order to match the information submitted by applicants, and may
25receive from the Secretary of State the applicant's digitized

 

 

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

 

 

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

 

 

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

 

 

09800SB0172ham001- 21 -LRB098 04408 MGM 62623 a

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

 

 

09800SB0172ham001- 22 -LRB098 04408 MGM 62623 a

1    has provided an electronic mail address on the voter
2    registration form, a disposition notice to the applicant as
3    otherwise provided by law setting forth the applicant's
4    name and address as it appears on the application and
5    stating that the person is registered to vote.
6    (j) An electronic signature of the person submitting a
7duplicate registration application or a change of address form
8that is retrieved and imported from the Secretary of State's
9driver's license or State identification card database as
10provided herein may, in the discretion of the clerk or board,
11be substituted for and replace any existing signature for that
12individual in the voter registration database of the county
13clerk or board of election commissioners.
14    (k) Any new registration or change of address submitted
15electronically as provided in this Section shall become
16effective as of the date it is received by the county clerk or
17board of election commissioners having jurisdiction over said
18registration. Disposition notices prescribed in this Section
19shall be sent within 5 business days of receipt of the online
20application or change of address by the county clerk or board
21of election commissioners.
22    (l) All provisions of this Code governing voter
23registration and applicable thereto and not inconsistent with
24this Section shall apply to online voter registration under
25this Section. All applications submitted on a website
26maintained by the State Board of Elections shall be deemed

 

 

09800SB0172ham001- 23 -LRB098 04408 MGM 62623 a

1timely filed if they are submitted no later than 11:59 p.m. on
2the final day for voter registration prior to an election.
3After the registration period for an upcoming election has
4ended and until the 2nd day following such election, the web
5page containing the online voter registration form on the State
6Board of Elections website shall inform users of the procedure
7for grace period voting.
8    (m) The State Board of Elections shall maintain a list of
9the name, street address, e-mail address, and likely precinct,
10ward, township, and district numbers, as the case may be, of
11people who apply to vote online through the voter registration
12system and those names and that information shall be stored in
13an electronic format on its website, arranged by county and
14accessible to State and local political committees.
15    (n) The Illinois State Board of Elections shall develop or
16cause to be developed an online voter registration system able
17to be accessed by at least the top two most used mobile
18electronic operating systems by January 1, 2016. The Illinois
19State Board of Elections shall submit a report to the General
20Assembly and the Governor by January 31, 2014 detailing the
21progress made to implement the online voter registration system
22described in this Section.
23    (o) (Blank). The online voter registration system provided
24for in this Section shall be fully operational by July 1, 2014.
25    (p) Each State agency that maintains an Internet website
26must include a hypertext link to the homepage website

 

 

09800SB0172ham001- 24 -LRB098 04408 MGM 62623 a

1maintained and operated pursuant to this Section 1A-16.5. For
2the purposes of this Section, "State agency" has the meaning
3set forth in Section 5-105 of the Electronic Commerce Security
4Act.
5(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14.)
 
6    (10 ILCS 5/1A-25)
7    Sec. 1A-25. Centralized statewide voter registration list.
8The centralized statewide voter registration list required by
9Title III, Subtitle A, Section 303 of the Help America Vote Act
10of 2002 shall be created and maintained by the State Board of
11Elections as provided in this Section.
12        (1) The centralized statewide voter registration list
13    shall be compiled from the voter registration data bases of
14    each election authority in this State.
15        (2) With the exception of voter registration forms
16    submitted electronically through an online voter
17    registration system, all new voter registration forms and
18    applications to register to vote, including those reviewed
19    by the Secretary of State at a driver services facility,
20    shall be transmitted only to the appropriate election
21    authority as required by Articles 4, 5, and 6 of this Code
22    and not to the State Board of Elections. All voter
23    registration forms submitted electronically to the State
24    Board of Elections through an online voter registration
25    system shall be transmitted to the appropriate election

 

 

09800SB0172ham001- 25 -LRB098 04408 MGM 62623 a

1    authority as required by Section 1A-16.5. The election
2    authority shall process and verify each voter registration
3    form and electronically enter verified registrations on an
4    expedited basis onto the statewide voter registration
5    list. All original registration cards shall remain
6    permanently in the office of the election authority as
7    required by this Code.
8        (3) The centralized statewide voter registration list
9    shall:
10            (i) Be designed to allow election authorities to
11        utilize the registration data on the statewide voter
12        registration list pertinent to voters registered in
13        their election jurisdiction on locally maintained
14        software programs that are unique to each
15        jurisdiction.
16            (ii) Allow each election authority to perform
17        essential election management functions, including but
18        not limited to production of voter lists, processing of
19        vote by mail absentee voters, production of
20        individual, pre-printed applications to vote,
21        administration of election judges, and polling place
22        administration, but shall not prevent any election
23        authority from using information from that election
24        authority's own systems.
25        (4) The registration information maintained by each
26    election authority shall be synchronized with that

 

 

09800SB0172ham001- 26 -LRB098 04408 MGM 62623 a

1    authority's information on the statewide list at least once
2    every 24 hours.
3    To protect the privacy and confidentiality of voter
4registration information, the disclosure of any portion of the
5centralized statewide voter registration list to any person or
6entity other than to a State or local political committee and
7other than to a governmental entity for a governmental purpose
8is specifically prohibited except as follows: (1) subject to
9security measures adopted by the State Board of Elections
10which, at a minimum, shall include the keeping of a catalog or
11database, available for public view, including the name,
12address, and telephone number of the person viewing the list as
13well as the time of that viewing, any person may view the list
14on a computer screen at the Springfield office of the State
15Board of Elections, during normal business hours other than
16during the 27 days before an election, but the person viewing
17the list under this exception may not print, duplicate,
18transmit, or alter the list; or (2) as may be required by an
19agreement the State Board of Elections has entered into with a
20multi-state voter registration list maintenance system.
21(Source: P.A. 98-115, eff. 7-29-13.)
 
22    (10 ILCS 5/1A-45 new)
23    Sec. 1A-45. Electronic Registration Information Center.
24    (a) The State Board of Elections shall enter into an
25agreement with the Electronic Registration Information Center

 

 

09800SB0172ham001- 27 -LRB098 04408 MGM 62623 a

1effective no later than June 1, 2016, for the purpose of
2maintaining a statewide voter registration database. The State
3Board of Elections shall comply with the requirements of the
4Electronic Registration Information Center Membership
5Agreement.
6    (b) The Secretary of State and the Board of Elections shall
7enter an into an agreement to permit the Secretary of State to
8provide the State Board of Elections with any information
9required for compliance with the Electronic Registration
10Information Center Membership Agreement. The Secretary of
11State shall deliver this information as frequently as necessary
12for the State Board of Elections to comply with the Electronic
13Registration Information Center Membership Agreement.
14    (c) Any communication required to be delivered to a
15registrant or potential registrant pursuant to the Electronic
16Registration Information Center Membership Agreement shall
17include at least the following message:
18        "Our records show people at this address may not be
19    registered to vote at this address, but you may be eligible
20    to register to vote or re-register to vote at this address.
21    If you are a U.S. Citizen, a resident of Illinois, and will
22    be 18 years old or older before the next general election
23    in November, you are qualified to vote.
24        We invite you to check your registration online at
25    (enter URL) or register to vote online at (enter URL), by
26    requesting a mail-in voter registration form by (enter

 

 

09800SB0172ham001- 28 -LRB098 04408 MGM 62623 a

1    instructions for requesting a mail-in voter registration
2    form), or visiting the (name of election authority) office
3    at (address of election authority)."
4    The words "register to vote online at (enter URL)" shall be
5bolded and of a distinct nature from the other words in the
6message required by this subsection (c).
7    (d) Any communication required to be delivered to a
8potential registrant that has been identified by the Electronic
9Registration Information Center as eligible to vote but who is
10not registered to vote in Illinois shall be prepared and
11disseminated at the direction of the State Board of Elections.
12All other communications with potential registrants or
13re-registrants pursuant to the Electronic Registration
14Information Center Membership Agreement shall be prepared and
15disseminated at the direction of the appropriate election
16authority.
17    (e) The Executive Director of the State Board of Elections
18or his or her designee shall serve as the Member Representative
19to the Electronic Registration Information Center.
20    (f) The State Board of Elections may adopt any rules
21necessary to enforce this Section or comply with the Electronic
22Registration Information Center Membership Agreement.
 
23    (10 ILCS 5/3-6)
24    Sec. 3-6. Voting age. Notwithstanding any other provision
25of law, a person who is 17 years old on the date of a primary

 

 

09800SB0172ham001- 29 -LRB098 04408 MGM 62623 a

1election and who is otherwise qualified to vote is qualified to
2vote at that primary, including voting a vote by mail an
3absentee, grace period, or early voting ballot with respect to
4that primary, if that person will be 18 years old on the date
5of the immediately following general election.
6    References in this Code and elsewhere to the requirement
7that a person must be 18 years old to vote shall be interpreted
8in accordance with this Section.
9    For the purposes of this Act, an individual who is 17 years
10of age and who will be 18 years of age on the date of the
11general election shall be deemed competent to execute and
12attest to any voter registration forms.
13(Source: P.A. 98-51, eff. 1-1-14.)
 
14    (10 ILCS 5/4-6.3)  (from Ch. 46, par. 4-6.3)
15    Sec. 4-6.3. The county clerk may establish a temporary
16place of registration for such times and at such locations
17within the county as the county clerk may select. However, no
18temporary place of registration may be in operation during the
1927 days preceding an election. Notice of the time and place of
20registration under this Section shall be published by the
21county clerk in a newspaper having a general circulation in the
22county not less than 3 nor more than 15 days before the holding
23of such registration.
24    Temporary places of registration shall be established so
25that the areas of concentration of population or use by the

 

 

09800SB0172ham001- 30 -LRB098 04408 MGM 62623 a

1public are served, whether by facilities provided in places of
2private business or in public buildings or in mobile units.
3Areas which may be designated as temporary places of
4registration include, but are not limited to, facilities
5licensed or certified pursuant to the Nursing Home Care Act,
6the Specialized Mental Health Rehabilitation Act of 2013, or
7the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
8shopping centers, business districts, public buildings and
9county fairs.
10    Temporary places of registration shall be available to the
11public not less than 2 hours per year for each 1,000 population
12or fraction thereof in the county.
13    All temporary places of registration shall be manned by
14deputy county clerks or deputy registrars appointed pursuant to
15Section 4-6.2.
16(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
17eff. 7-13-12; 98-104, eff. 7-22-13.)
 
18    (10 ILCS 5/4-10)  (from Ch. 46, par. 4-10)
19    Sec. 4-10. Except as herein provided, no person shall be
20registered, unless he applies in person to a registration
21officer, answers such relevant questions as may be asked of him
22by the registration officer, and executes the affidavit of
23registration. The registration officer shall require the
24applicant to furnish two forms of identification, and except in
25the case of a homeless individual, one of which must include

 

 

09800SB0172ham001- 31 -LRB098 04408 MGM 62623 a

1his or her residence address. These forms of identification
2shall include, but not be limited to, any of the following:
3driver's license, social security card, public aid
4identification card, utility bill, employee or student
5identification card, lease or contract for a residence, credit
6card, or a civic, union or professional association membership
7card. The registration officer shall require a homeless
8individual to furnish evidence of his or her use of the mailing
9address stated. This use may be demonstrated by a piece of mail
10addressed to that individual and received at that address or by
11a statement from a person authorizing use of the mailing
12address. The registration officer shall require each applicant
13for registration to read or have read to him the affidavit of
14registration before permitting him to execute the affidavit.
15    One of the registration officers or a deputy registration
16officer, county clerk, or clerk in the office of the county
17clerk, shall administer to all persons who shall personally
18apply to register the following oath or affirmation:
19    "You do solemnly swear (or affirm) that you will fully and
20truly answer all such questions as shall be put to you touching
21your name, place of residence, place of birth, your
22qualifications as an elector and your right as such to register
23and vote under the laws of the State of Illinois."
24    The registration officer shall satisfy himself that each
25applicant for registration is qualified to register before
26registering him. If the registration officer has reason to

 

 

09800SB0172ham001- 32 -LRB098 04408 MGM 62623 a

1believe that the applicant is a resident of a Soldiers' and
2Sailors' Home or any facility which is licensed or certified
3pursuant to the Nursing Home Care Act, the Specialized Mental
4Health Rehabilitation Act of 2013, or the ID/DD Community Care
5Act, the following question shall be put, "When you entered the
6home which is your present address, was it your bona fide
7intention to become a resident thereof?" Any voter of a
8township, city, village or incorporated town in which such
9applicant resides, shall be permitted to be present at the
10place of any precinct registration and shall have the right to
11challenge any applicant who applies to be registered.
12    In case the officer is not satisfied that the applicant is
13qualified he shall forthwith notify such applicant in writing
14to appear before the county clerk to complete his registration.
15Upon the card of such applicant shall be written the word
16"incomplete" and no such applicant shall be permitted to vote
17unless such registration is satisfactorily completed as
18hereinafter provided. No registration shall be taken and marked
19as incomplete if information to complete it can be furnished on
20the date of the original application.
21    Any person claiming to be an elector in any election
22precinct and whose registration card is marked "Incomplete" may
23make and sign an application in writing, under oath, to the
24county clerk in substance in the following form:
25    "I do solemnly swear that I, ...., did on (insert date)
26make application to the board of registry of the .... precinct

 

 

09800SB0172ham001- 33 -LRB098 04408 MGM 62623 a

1of the township of .... (or to the county clerk of .... county)
2and that said board or clerk refused to complete my
3registration as a qualified voter in said precinct. That I
4reside in said precinct, that I intend to reside in said
5precinct, and am a duly qualified voter of said precinct and am
6entitled to be registered to vote in said precinct at the next
7election.
8(Signature of applicant) ............................."
 
9    All such applications shall be presented to the county
10clerk or to his duly authorized representative by the
11applicant, in person between the hours of 9:00 a.m. and 5:00
12p.m. on any day after the days on which the 1969 and 1970
13precinct re-registrations are held but not on any day within 27
14days preceding the ensuing general election and thereafter for
15the registration provided in Section 4-7 all such applications
16shall be presented to the county clerk or his duly authorized
17representative by the applicant in person between the hours of
189:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding
19the ensuing general election. Such application shall be heard
20by the county clerk or his duly authorized representative at
21the time the application is presented. If the applicant for
22registration has registered with the county clerk, such
23application may be presented to and heard by the county clerk
24or by his duly authorized representative upon the dates
25specified above or at any time prior thereto designated by the

 

 

09800SB0172ham001- 34 -LRB098 04408 MGM 62623 a

1county clerk.
2    Any otherwise qualified person who is absent from his
3county of residence either due to business of the United States
4or because he is temporarily outside the territorial limits of
5the United States may become registered by mailing an
6application to the county clerk within the periods of
7registration provided for in this Article, or by simultaneous
8application for absentee registration by mail and vote by mail
9absentee ballot as provided in Article 20 of this Code.
10    Upon receipt of such application the county clerk shall
11immediately mail an affidavit of registration in duplicate,
12which affidavit shall contain the following and such other
13information as the State Board of Elections may think it proper
14to require for the identification of the applicant:
15    Name. The name of the applicant, giving surname and first
16or Christian name in full, and the middle name or the initial
17for such middle name, if any.
18    Sex.
19    Residence. The name and number of the street, avenue or
20other location of the dwelling, and such additional clear and
21definite description as may be necessary to determine the exact
22location of the dwelling of the applicant. Where the location
23cannot be determined by street and number, then the Section,
24congressional township and range number may be used, or such
25other information as may be necessary, including post office
26mailing address.

 

 

09800SB0172ham001- 35 -LRB098 04408 MGM 62623 a

1    Electronic mail address, if the registrant has provided
2this information.
3    Term of residence in the State of Illinois and the
4precinct.
5    Nativity. The State or country in which the applicant was
6born.
7    Citizenship. Whether the applicant is native born or
8naturalized. If naturalized, the court, place and date of
9naturalization.
10    Age. Date of birth, by month, day and year.
11    Out of State address of ..........................
12
AFFIDAVIT OF REGISTRATION
13State of ...........)  
14                   )ss
15County of ..........)
16    I hereby swear (or affirm) that I am a citizen of the
17United States; that on the day of the next election I shall
18have resided in the State of Illinois and in the election
19precinct 30 days; that I am fully qualified to vote, that I am
20not registered to vote anywhere else in the United States, that
21I intend to remain a resident of the State of Illinois and of
22the election precinct, that I intend to return to the State of
23Illinois, and that the above statements are true.
24
..............................
25
(His or her signature or mark)
26    Subscribed and sworn to before me, an officer qualified to

 

 

09800SB0172ham001- 36 -LRB098 04408 MGM 62623 a

1administer oaths, on (insert date).
2
........................................
3
Signature of officer administering oath.
4    Upon receipt of the executed duplicate affidavit of
5Registration, the county clerk shall transfer the information
6contained thereon to duplicate Registration Cards provided for
7in Section 4-8 of this Article and shall attach thereto a copy
8of each of the duplicate affidavit of registration and
9thereafter such registration card and affidavit shall
10constitute the registration of such person the same as if he
11had applied for registration in person.
12(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
13eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
1498-756, eff. 7-16-14.)
 
15    (10 ILCS 5/4-50)
16    Sec. 4-50. Grace period. Notwithstanding any other
17provision of this Code to the contrary, each election authority
18shall establish procedures for the registration of voters and
19for change of address during the period from the close of
20registration for a consolidated or general primary or election
21and until and including the 3rd day of a consolidated or
22general before the primary or election, except that during the
232014 general election the period shall extend until the polls
24close on election day. During the this grace periods during
25these elections period, an unregistered qualified elector may

 

 

09800SB0172ham001- 37 -LRB098 04408 MGM 62623 a

1register to vote, and a registered voter may submit a change of
2address form, in person in the office of the election
3authority, at a permanent polling place established under
4Section 19A-10, at any other early voting site beginning 15
5days prior to the election, at a precinct polling place, or at
6a voter registration location specifically designated for this
7purpose by the election authority. During the 2014 general
8election, an unregistered qualified elector may register to
9vote, and a registered voter may submit a change of address
10form, in person at any permanent polling place for early voting
11established under Section 19A-10 through election day. The
12election authority shall register that individual, or change a
13registered voter's address, in the same manner as otherwise
14provided by this Article for registration and change of
15address.
16    If a voter who registers or changes address during these
17this grace periods period wishes to vote at the first election
18or primary occurring after the grace period, he or she must do
19so by grace period voting. The election authority shall offer
20in-person grace period voting at the authority's office and any
21permanent polling place established under Section 19A-10 where
22grace period registration is required by this Section; and may
23offer in-person grace period voting at additional locations
24specifically designated for the purpose of grace period voting
25by the election authority. The election authority may allow
26grace period voting by mail only if the election authority has

 

 

09800SB0172ham001- 38 -LRB098 04408 MGM 62623 a

1no ballots prepared at the authority's office. Grace period
2voting shall be in a manner substantially similar to voting
3under Article 19A 19.
4    Within one day after a voter casts a grace period ballot,
5or within one day after the ballot is received by the election
6authority if the election authority allows grace period voting
7by mail, 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, and
10precinct, ward, township, and district numbers, as the case may
11be, to the State Board of Elections, which shall maintain those
12names and that information in an electronic format on its
13website, arranged by county and accessible to State and local
14political committees. The name of each person issued a grace
15period ballot shall also be placed on the appropriate precinct
16list of persons to whom vote by mail absentee and early ballots
17have been issued, for use as provided in Sections 17-9 and
1818-5.
19    A person who casts a grace period ballot shall not be
20permitted to revoke that ballot and vote another ballot with
21respect to that primary or election. Ballots cast by persons
22who register or change address during the grace period must be
23transmitted to and counted at the election authority's central
24ballot counting location and shall not be transmitted to and
25counted at precinct polling places. The grace period ballots
26determined to be valid shall be added to the vote totals for

 

 

09800SB0172ham001- 39 -LRB098 04408 MGM 62623 a

1the precincts for which they were cast in the order in which
2the ballots were opened.
3(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
498-691, eff. 7-1-14.)
 
5    (10 ILCS 5/4-105)
6    Sec. 4-105. First time voting. A person must vote for the
7first time in person and not by a vote by mail mailed absentee
8ballot if the person registered to vote by mail, unless the
9person first provides the appropriate election authority with
10sufficient proof of identity and the election authority
11verifies the person's proof of identity. Sufficient proof of
12identity shall be demonstrated by submission of the person's
13driver's license number or State identification card number or,
14if the person does not have either of those, verification by
15the last 4 digits of the person's social security number, a
16copy of a current and valid photo identification, or a copy of
17a current utility bill, bank statement, paycheck, government
18check, or other federal, State, or local government document
19that shows the person's name and address. A person may also
20demonstrate sufficient proof of identity by submission of a
21photo identification issued by a college or university
22accompanied by either a copy of the applicant's contract or
23lease for a residence or any postmarked mail delivered to the
24applicant at his or her current residence address. Persons who
25apply to register to vote by mail but provide inadequate proof

 

 

09800SB0172ham001- 40 -LRB098 04408 MGM 62623 a

1of identity to the election authority shall be notified by the
2election authority that the registration has not been fully
3completed and that the person remains ineligible to vote by
4mail or in person until such proof is presented.
5(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
6    (10 ILCS 5/5-9)  (from Ch. 46, par. 5-9)
7    Sec. 5-9. Except as herein provided, no person shall be
8registered unless he applies in person to registration officer,
9answers such relevant questions as may be asked of him by the
10registration officer, and executes the affidavit of
11registration. The registration officer shall require the
12applicant to furnish two forms of identification, and except in
13the case of a homeless individual, one of which must include
14his or her residence address. These forms of identification
15shall include, but not be limited to, any of the following:
16driver's license, social security card, public aid
17identification card, utility bill, employee or student
18identification card, lease or contract for a residence, credit
19card, or a civic, union or professional association membership
20card. The registration officer shall require a homeless
21individual to furnish evidence of his or her use of the mailing
22address stated. This use may be demonstrated by a piece of mail
23addressed to that individual and received at that address or by
24a statement from a person authorizing use of the mailing
25address. The registration officer shall require each applicant

 

 

09800SB0172ham001- 41 -LRB098 04408 MGM 62623 a

1for registration to read or have read to him the affidavit of
2registration before permitting him to execute the affidavit.
3    One of the Deputy Registrars, the Judge of Registration, or
4an Officer of Registration, County Clerk, or clerk in the
5office of the County Clerk, shall administer to all persons who
6shall personally apply to register the following oath or
7affirmation:
8    "You do solemnly swear (or affirm) that you will fully and
9truly answer all such questions as shall be put to you touching
10your place of residence, name, place of birth, your
11qualifications as an elector and your right as such to register
12and vote under the laws of the State of Illinois."
13    The Registration Officer shall satisfy himself that each
14applicant for registration is qualified to register before
15registering him. If the registration officer has reason to
16believe that the applicant is a resident of a Soldiers' and
17Sailors' Home or any facility which is licensed or certified
18pursuant to the Nursing Home Care Act, the Specialized Mental
19Health Rehabilitation Act of 2013, or the ID/DD Community Care
20Act, the following question shall be put, "When you entered the
21home which is your present address, was it your bona fide
22intention to become a resident thereof?" Any voter of a
23township, city, village or incorporated town in which such
24applicant resides, shall be permitted to be present at the
25place of precinct registration, and shall have the right to
26challenge any applicant who applies to be registered.

 

 

09800SB0172ham001- 42 -LRB098 04408 MGM 62623 a

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

 

 

09800SB0172ham001- 43 -LRB098 04408 MGM 62623 a

1    All such applications shall be presented to the County
2Clerk by the applicant, in person between the hours of nine
3o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
4the third week subsequent to the weeks in which the 1961 and
51962 precinct re-registrations are to be held, and thereafter
6for the registration provided in Section 5-17 of this Article,
7all such applications shall be presented to the County Clerk by
8the applicant in person between the hours of nine o'clock a.m.
9and nine o'clock p.m. on Monday and Tuesday of the third week
10prior to the date on which such election is to be held.
11    Any otherwise qualified person who is absent from his
12county of residence either due to business of the United States
13or because he is temporarily outside the territorial limits of
14the United States may become registered by mailing an
15application to the county clerk within the periods of
16registration provided for in this Article or by simultaneous
17application for absentee registration by mail and vote by mail
18absentee ballot as provided in Article 20 of this Code.
19    Upon receipt of such application the county clerk shall
20immediately mail an affidavit of registration in duplicate,
21which affidavit shall contain the following and such other
22information as the State Board of Elections may think it proper
23to require for the identification of the applicant:
24    Name. The name of the applicant, giving surname and first
25or Christian name in full, and the middle name or the initial
26for such middle name, if any.

 

 

09800SB0172ham001- 44 -LRB098 04408 MGM 62623 a

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

 

 

09800SB0172ham001- 45 -LRB098 04408 MGM 62623 a

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

 
14    Upon receipt of the executed duplicate affidavit of
15Registration, the county clerk shall transfer the information
16contained thereon to duplicate Registration Cards provided for
17in Section 5-7 of this Article and shall attach thereto a copy
18of each of the duplicate affidavit of registration and
19thereafter such registration card and affidavit shall
20constitute the registration of such person the same as if he
21had applied for registration in person.
22(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
23eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
2498-756, eff. 7-16-14.)
 

 

 

09800SB0172ham001- 46 -LRB098 04408 MGM 62623 a

1    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
2    Sec. 5-16.3. The county clerk may establish temporary
3places of registration for such times and at such locations
4within the county as the county clerk may select. However, no
5temporary place of registration may be in operation during the
627 days preceding an election. Notice of time and place of
7registration at any such temporary place of registration under
8this Section shall be published by the county clerk in a
9newspaper having a general circulation in the county not less
10than 3 nor more than 15 days before the holding of such
11registration.
12    Temporary places of registration shall be established so
13that the areas of concentration of population or use by the
14public are served, whether by facilities provided in places of
15private business or in public buildings or in mobile units.
16Areas which may be designated as temporary places of
17registration include, but are not limited to, facilities
18licensed or certified pursuant to the Nursing Home Care Act,
19the Specialized Mental Health Rehabilitation Act of 2013, or
20the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
21shopping centers, business districts, public buildings and
22county fairs.
23    Temporary places of registration shall be available to the
24public not less than 2 hours per year for each 1,000 population
25or fraction thereof in the county.
26    All temporary places of registration shall be manned by

 

 

09800SB0172ham001- 47 -LRB098 04408 MGM 62623 a

1deputy county clerks or deputy registrars appointed pursuant to
2Section 5-16.2.
3(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
4eff. 7-13-12; 98-104, eff. 7-22-13.)
 
5    (10 ILCS 5/5-50)
6    Sec. 5-50. Grace period. Notwithstanding any other
7provision of this Code to the contrary, each election authority
8shall establish procedures for the registration of voters and
9for change of address during the period from the close of
10registration for a consolidated or general primary or election
11and until and including the 3rd day of a consolidated or
12general before the primary or election, except that during the
132014 general election the period shall extend until the polls
14close on election day. During the this grace periods during
15these elections period, an unregistered qualified elector may
16register to vote, and a registered voter may submit a change of
17address form, in person in the office of the election
18authority, at a permanent polling place established under
19Section 19A-10, at any other early voting site beginning 15
20days prior to the election, at a precinct polling place, or at
21a voter registration location specifically designated for this
22purpose by the election authority. During the 2014 general
23election, an unregistered qualified elector may register to
24vote, and a registered voter may submit a change of address
25form, in person at any permanent polling place for early voting

 

 

09800SB0172ham001- 48 -LRB098 04408 MGM 62623 a

1established pursuant to Section 19A-10 through election day.
2The election authority shall register that individual, or
3change a registered voter's address, in the same manner as
4otherwise provided by this Article for registration and change
5of address.
6    If a voter who registers or changes address during these
7this grace periods period wishes to vote at the first election
8or primary occurring after the grace period, he or she must do
9so by grace period voting. The election authority shall offer
10in-person grace period voting at his or her office and any
11permanent polling place established under Section 19A-10 where
12grace period registration is required by this Section; and may
13offer in-person grace period voting at additional locations
14specifically designated for the purpose of grace period voting
15by the election authority. The election authority may allow
16grace period voting by mail only if the election authority has
17no ballots prepared at the authority's office. Grace period
18voting shall be in a manner substantially similar to voting
19under Article 19A 19.
20    Within one day after a voter casts a grace period ballot,
21or within one day after the ballot is received by the election
22authority if the election authority allows grace period voting
23by mail, the election authority shall transmit by electronic
24means pursuant to a process established by the State Board of
25Elections the voter's name, street address, e-mail address, and
26precinct, ward, township, and district numbers, as the case may

 

 

09800SB0172ham001- 49 -LRB098 04408 MGM 62623 a

1be, to the State Board of Elections, which shall maintain those
2names and that information in an electronic format on its
3website, arranged by county and accessible to State and local
4political committees. The name of each person issued a grace
5period ballot shall also be placed on the appropriate precinct
6list of persons to whom vote by mail absentee and early ballots
7have been issued, for use as provided in Sections 17-9 and
818-5.
9    A person who casts a grace period ballot shall not be
10permitted to revoke that ballot and vote another ballot with
11respect to that primary or election. Ballots cast by persons
12who register or change address during the grace period must be
13transmitted to and counted at the election authority's central
14ballot counting location and shall not be transmitted to and
15counted at precinct polling places. The grace period ballots
16determined to be valid shall be added to the vote totals for
17the precincts for which they were cast in the order in which
18the ballots were opened.
19(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2098-691, eff. 7-1-14.)
 
21    (10 ILCS 5/5-105)
22    Sec. 5-105. First time voting. A person must vote for the
23first time in person and not by a vote by mail mailed absentee
24ballot if the person registered to vote by mail, unless the
25person first provides the appropriate election authority with

 

 

09800SB0172ham001- 50 -LRB098 04408 MGM 62623 a

1sufficient proof of identity and the election authority
2verifies the person's proof of identity. Sufficient proof of
3identity shall be demonstrated by submission of the person's
4driver's license number or State identification card number or,
5if the person does not have either of those, verification by
6the last 4 digits of the person's social security number, a
7copy of a current and valid photo identification, or a copy of
8a current utility bill, bank statement, paycheck, government
9check, or other federal, State, or local government document
10that shows the person's name and address. A person may also
11demonstrate sufficient proof of identity by submission of a
12photo identification issued by a college or university
13accompanied by either a copy of the applicant's contract or
14lease for a residence or any postmarked mail delivered to the
15applicant at his or her current residence address. Persons who
16apply to register to vote by mail but provide inadequate proof
17of identity to the election authority shall be notified by the
18election authority that the registration has not been fully
19completed and that the person remains ineligible to vote by
20mail or in person until such proof is presented.
21(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
22    (10 ILCS 5/6-29)  (from Ch. 46, par. 6-29)
23    Sec. 6-29. For the purpose of registering voters under this
24Article, the office of the Board of Election Commissioners
25shall be open during ordinary business hours of each week day,

 

 

09800SB0172ham001- 51 -LRB098 04408 MGM 62623 a

1from 9 a.m. to 12 o'clock noon on the last four Saturdays
2immediately preceding the end of the period of registration
3preceding each election, and such other days and such other
4times as the board may direct. During the 27 days immediately
5preceding any election there shall be no registration of voters
6at the office of the Board of Election Commissioners in cities,
7villages and incorporated towns of fewer than 200,000
8inhabitants. In cities, villages and incorporated towns of
9200,000 or more inhabitants, there shall be no registration of
10voters at the office of the Board of Election Commissioners
11during the 35 days immediately preceding any election;
12provided, however, where no precinct registration is being
13conducted prior to any election then registration may be taken
14in the office of the Board up to and including the 28th day
15prior to such election. The Board of Election Commissioners may
16set up and establish as many branch offices for the purpose of
17taking registrations as it may deem necessary, and the branch
18offices may be open on any or all dates and hours during which
19registrations may be taken in the main office. All officers and
20employees of the Board of Election Commissioners who are
21authorized by such board to take registrations under this
22Article shall be considered officers of the circuit court, and
23shall be subject to the same control as is provided by Section
2414-5 of this Act with respect to judges of election.
25    In any election called for the submission of the revision
26or alteration of, or the amendments to the Constitution,

 

 

09800SB0172ham001- 52 -LRB098 04408 MGM 62623 a

1submitted by a Constitutional Convention, the final day for
2registration at the office of the election authority charged
3with the printing of the ballot of this election shall be the
415th day prior to the date of election.
5    The Board of Election Commissioners shall appoint one or
6more registration teams, consisting of 2 of its employees for
7each team, for the purpose of accepting the registration of any
8voter who files an affidavit, within the period for taking
9registrations provided for in this Article, that he is
10physically unable to appear at the office of the Board or at
11any appointed place of registration. On the day or days when a
12precinct registration is being conducted such teams shall
13consist of one member from each of the 2 leading political
14parties who are serving on the Precinct Registration Board.
15Each team so designated shall visit each disabled person and
16shall accept the registration of such person the same as if he
17had applied for registration in person.
18    Any otherwise qualified person who is absent from his
19county of residence due to business of the United States, or
20who is temporarily residing outside the territorial limits of
21the United States, may make application to become registered by
22mail to the Board of Election Commissioners within the periods
23for registration provided for in this Article or by
24simultaneous application for absentee registration by mail and
25vote by mail absentee ballot as provided in Article 20 of this
26Code.

 

 

09800SB0172ham001- 53 -LRB098 04408 MGM 62623 a

1    Upon receipt of such application the Board of Election
2Commissioners shall immediately mail an affidavit of
3registration in duplicate, which affidavit shall contain the
4following and such other information as the State Board of
5Elections may think it proper to require for the identification
6of the applicant:
7    Name. The name of the applicant, giving surname and first
8or Christian name in full, and the middle name or the initial
9for such middle name, if any.
10    Sex.
11    Residence. The name and number of the street, avenue or
12other location of the dwelling, and such additional clear and
13definite description as may be necessary to determine the exact
14location of the dwelling of the applicant. Where the location
15cannot be determined by street and number, then the section,
16congressional township and range number may be used, or such
17other information as may be necessary, including post office
18mailing address.
19    Electronic mail address, if the registrant has provided
20this information.
21    Term of residence in the State of Illinois and the
22precinct.
23    Nativity. The state or country in which the applicant was
24born.
25    Citizenship. Whether the applicant is native born or
26naturalized. If naturalized, the court, place and date of

 

 

09800SB0172ham001- 54 -LRB098 04408 MGM 62623 a

1naturalization.
2    Age. Date of birth, by month, day and year.
3    Out of State address of ..................
4    
AFFIDAVIT OF REGISTRATION
5State of .........)
6                  ) ss.
7County of ........)
8    I hereby swear (or affirm) that I am a citizen of the
9United States; that on the day of the next election I shall
10have resided in the State of Illinois and in the election
11precinct 30 days; that I am fully qualified to vote, that I am
12not registered to vote anywhere else in the United States, that
13I intend to remain a resident of the State of Illinois, and of
14the election precinct, that I intend to return to the State of
15Illinois, and that the above statements are true.
16
..............................
17
(His or her signature or mark)
18    Subscribed and sworn to before me, an officer qualified to
19administer oaths, on (insert date).
20
........................................
21
Signature of officer administering oath.
22    Upon receipt of the executed duplicate affidavit of
23Registration, the Board of Election Commissioners shall
24transfer the information contained thereon to duplicate
25Registration Cards provided for in Section 6-35 of this Article
26and shall attach thereto a copy of each of the duplicate

 

 

09800SB0172ham001- 55 -LRB098 04408 MGM 62623 a

1affidavit of registration and thereafter such registration
2card and affidavit shall constitute the registration of such
3person the same as if he had applied for registration in
4person.
5(Source: P.A. 98-115, eff. 10-1-13.)
 
6    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
7    Sec. 6-50.3. The board of election commissioners may
8establish temporary places of registration for such times and
9at such locations as the board may select. However, no
10temporary place of registration may be in operation during the
1127 days preceding an election. Notice of the time and place of
12registration at any such temporary place of registration under
13this Section shall be published by the board of election
14commissioners in a newspaper having a general circulation in
15the city, village or incorporated town not less than 3 nor more
16than 15 days before the holding of such registration.
17    Temporary places of registration shall be established so
18that the areas of concentration of population or use by the
19public are served, whether by facilities provided in places of
20private business or in public buildings or in mobile units.
21Areas which may be designated as temporary places of
22registration include, but are not limited to, facilities
23licensed or certified pursuant to the Nursing Home Care Act,
24the Specialized Mental Health Rehabilitation Act of 2013, or
25the ID/DD Community Care Act, Soldiers' and Sailors' Homes,

 

 

09800SB0172ham001- 56 -LRB098 04408 MGM 62623 a

1shopping centers, business districts, public buildings and
2county fairs.
3    Temporary places of registration shall be available to the
4public not less than 2 hours per year for each 1,000 population
5or fraction thereof in the county.
6    All temporary places of registration shall be manned by
7employees of the board of election commissioners or deputy
8registrars appointed pursuant to Section 6-50.2.
9(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
10eff. 7-13-12; 98-104, eff. 7-22-13.)
 
11    (10 ILCS 5/6-100)
12    Sec. 6-100. Grace period. Notwithstanding any other
13provision of this Code to the contrary, each election authority
14shall establish procedures for the registration of voters and
15for change of address during the period from the close of
16registration for a consolidated or general primary or election
17and until and including the 3rd day of a consolidated or
18general before the primary or election, except that during the
192014 general election the period shall extend until the polls
20close on election day. During the this grace periods during
21these elections period, an unregistered qualified elector may
22register to vote, and a registered voter may submit a change of
23address form, in person in the office of the election
24authority, at a permanent polling place established under
25Section 19A-10, at any other early voting site beginning 15

 

 

09800SB0172ham001- 57 -LRB098 04408 MGM 62623 a

1days prior to the election, at a precinct polling place, or at
2a voter registration location specifically designated for this
3purpose by the election authority. During the 2014 general
4election, an unregistered qualified elector may register to
5vote, and a registered voter may submit a change of address
6form, in person at any permanent polling place for early voting
7established pursuant to Section 19A-10 through election day.
8The election authority shall register that individual, or
9change a registered voter's address, in the same manner as
10otherwise provided by this Article for registration and change
11of address.
12    If a voter who registers or changes address during these
13this grace periods period wishes to vote at the first election
14or primary occurring after the grace period. The election
15authority shall offer in-person grace period voting at the
16authority's office and any permanent polling place established
17under Section 19A-10 where grace period registration is
18required by this Section; and may offer in-person grace period
19voting at additional locations specifically designated for the
20purpose of grace period voting by the election authority. The
21election authority may allow grace period voting by mail only
22if the election authority has no ballots prepared at the
23authority's office. Grace period voting shall be in a manner
24substantially similar to voting under Article 19A 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

 

 

09800SB0172ham001- 58 -LRB098 04408 MGM 62623 a

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 vote by mail absentee and early ballots
12have been issued, for use as provided in Sections 17-9 and
1318-5.
14    A person who casts a grace period ballot shall not be
15permitted to revoke that ballot and vote another ballot with
16respect to that primary or election. Ballots cast by persons
17who register or change address during the grace period must be
18transmitted to and counted at the election authority's central
19ballot counting location and shall not be transmitted to and
20counted at precinct polling places. The grace period ballots
21determined to be valid shall be added to the vote totals for
22the precincts for which they were cast in the order in which
23the ballots were opened.
24(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
2598-691, eff. 7-1-14.)
 

 

 

09800SB0172ham001- 59 -LRB098 04408 MGM 62623 a

1    (10 ILCS 5/6-105)
2    Sec. 6-105. First time voting. A person must vote for the
3first time in person and not by a vote by mail mailed absentee
4ballot if the person registered to vote by mail, unless the
5person first provides the appropriate election authority with
6sufficient proof of identity and the election authority
7verifies the person's proof of identity. Sufficient proof of
8identity shall be demonstrated by submission of the person's
9driver's license number or State identification card number or,
10if the person does not have either of those, verification by
11the last 4 digits of the person's social security number, a
12copy of a current and valid photo identification, or a copy of
13a current utility bill, bank statement, paycheck, government
14check, or other federal, State, or local government document
15that shows the person's name and address. A person may also
16demonstrate sufficient proof of identity by submission of a
17photo identification issued by a college or university
18accompanied by either a copy of the applicant's contract or
19lease for a residence or any postmarked mail delivered to the
20applicant at his or her current residence address. Persons who
21apply to register to vote by mail but provide inadequate proof
22of identity to the election authority shall be notified by the
23election authority that the registration has not been fully
24completed and that the person remains ineligible to vote by
25mail or in person until such proof is presented.
26(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 

 

 

09800SB0172ham001- 60 -LRB098 04408 MGM 62623 a

1    (10 ILCS 5/7-15)  (from Ch. 46, par. 7-15)
2    Sec. 7-15. At least 60 days prior to each general and
3consolidated primary, the election authority shall provide
4public notice, calculated to reach elderly and handicapped
5voters, of the availability of registration and voting aids
6under the Federal Voting Accessibility for the Elderly and
7Handicapped Act, of the availability of assistance in marking
8the ballot, procedures for voting by a vote by mail absentee
9ballot, and procedures for early voting by personal appearance.
10At least 20 days before the general primary the county clerk of
11each county, and not more than 30 nor less than 10 days before
12the consolidated primary the election authority, shall prepare
13in the manner provided in this Act, a notice of such primary
14which notice shall state the time and place of holding the
15primary, the hours during which the polls will be open, the
16offices for which candidates will be nominated at such primary
17and the political parties entitled to participate therein,
18notwithstanding that no candidate of any such political party
19may be entitled to have his name printed on the primary ballot.
20Such notice shall also include the list of addresses of
21precinct polling places for the consolidated primary unless
22such list is separately published by the election authority not
23less than 10 days before the consolidated primary.
24    In counties, municipalities, or towns having fewer than
25500,000 inhabitants notice of the general primary shall be

 

 

09800SB0172ham001- 61 -LRB098 04408 MGM 62623 a

1published once in two or more newspapers published in the
2county, municipality or town, as the case may be, or if there
3is no such newspaper, then in any two or more newspapers
4published in the county and having a general circulation
5throughout the community.
6    In counties, municipalities, or towns having 500,000 or
7more inhabitants notice of the general primary shall be
8published at least 15 days prior to the primary by the same
9authorities and in the same manner as notice of election for
10general elections are required to be published in counties,
11municipalities or towns of 500,000 or more inhabitants under
12this Act.
13    Notice of the consolidated primary shall be published once
14in one or more newspapers published in each political
15subdivision having such primary, and if there is no such
16newspaper, then published once in a local, community newspaper
17having general circulation in the subdivision, and also once in
18a newspaper published in the county wherein the political
19subdivisions, or portions thereof, having such primary are
20situated.
21(Source: P.A. 94-645, eff. 8-22-05.)
 
22    (10 ILCS 5/7-34)  (from Ch. 46, par. 7-34)
23    Sec. 7-34. Pollwatchers in a primary election shall be
24authorized in the following manner:
25    (1) Each established political party shall be entitled to

 

 

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1appoint one pollwatcher per precinct. Such pollwatchers must be
2affiliated with the political party for which they are
3pollwatching and must be a registered voter in Illinois.
4    (2) Each candidate shall be entitled to appoint two
5pollwatchers per precinct. For Federal, State, county,
6township, and municipal primary 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
12names and addresses of its principal officers with the proper
13election authority at least 40 days before the primary
14election, shall be entitled to appoint one pollwatcher per
15precinct. For all primary elections, the pollwatcher must be
16registered to vote in Illinois.
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 primary
25election. The pollwatchers must be registered to vote in
26Illinois. For the purpose of this paragraph, a "State

 

 

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1nonpartisan civic organization" means any corporation,
2unincorporated association, 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) Each organized group of proponents or opponents of a
17ballot proposition, which shall have registered the name and
18address of its organization or committee and the name and
19address of its chairman with the proper election authority at
20least 40 days before the primary election, shall be entitled to
21appoint one pollwatcher per precinct. The pollwatcher must be
22registered to vote in Illinois.
23    (5) In any primary election held to nominate candidates for
24the offices of a municipality of less than 3,000,000 population
25that is situated in 2 or more counties, a pollwatcher who is a
26resident of a county in which any part of the municipality is

 

 

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1situated shall be eligible to serve as a pollwatcher in any
2polling place located within such municipality, provided that
3such pollwatcher otherwise complies with the respective
4requirements of subsections (1) through (4) of this Section and
5is a registered voter whose residence is within Illinois.
6    All pollwatchers shall be required to have proper
7credentials. Such credentials shall be printed in sufficient
8quantities, shall be issued by and under the facsimile
9signature(s) of the election authority and shall be available
10for distribution at least 2 weeks prior to the election. Such
11credentials shall be authorized by the real or facsimile
12signature of the State or local party official or the candidate
13or the presiding officer of the civic organization or the
14chairman of the proponent or opponent group, as the case may
15be.
16    Pollwatcher credentials shall be in substantially the
17following form:
 
18
POLLWATCHER CREDENTIALS
19TO THE JUDGES OF ELECTION:
20    In accordance with the provisions of the Election Code, the
21undersigned hereby appoints ........... (name of pollwatcher)
22at .......... (address) in the county of ...........,
23.......... (township or municipality) of ........... (name),
24State of Illinois and who is duly registered to vote from this
25address, to act as a pollwatcher in the ........... precinct of

 

 

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1the .......... ward (if applicable) of the ...........
2(township or municipality) of ........... at the ...........
3election to be held on (insert date).
4........................  (Signature of Appointing Authority)
5........................  TITLE  (party official,  candidate,
6                                civic organization president,
7                        proponent or opponent group chairman)
8    Under penalties provided by law pursuant to Section 29-10
9of the Election Code, the undersigned pollwatcher certifies
10that he or she resides at .............. (address) in the
11county of ........., ......... (township or municipality) of
12.......... (name), State of Illinois, and is duly registered to
13vote in Illinois.
14...........................        ..........................
15(Precinct and/or Ward in           (Signature of Pollwatcher)
16Which Pollwatcher Resides)
 
17    Pollwatchers must present their credentials to the Judges
18of Election upon entering the polling place. Pollwatcher
19credentials properly executed and signed shall be proof of the
20qualifications of the pollwatcher authorized thereby. Such
21credentials are retained by the Judges and returned to the
22Election Authority at the end of the day of election with the
23other election materials. Once a pollwatcher has surrendered a
24valid credential, he may leave and reenter the polling place
25provided that such continuing action does not disrupt the

 

 

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1conduct of the election. Pollwatchers may be substituted during
2the course of the day, but established political parties,
3candidates, qualified civic organizations and proponents and
4opponents of a ballot proposition can have only as many
5pollwatchers at any given time as are authorized in this
6Article. A substitute must present his signed credential to the
7judges of election upon entering the polling place. Election
8authorities must provide a sufficient number of credentials to
9allow for substitution of pollwatchers. After the polls have
10closed, pollwatchers shall be allowed to remain until the
11canvass of votes is completed; but may leave and reenter only
12in cases of necessity, provided that such action is not so
13continuous as to disrupt the canvass of votes.
14    Candidates seeking office in a district or municipality
15encompassing 2 or more counties shall be admitted to any and
16all polling places throughout such district or municipality
17without regard to the counties in which such candidates are
18registered to vote. Actions of such candidates shall be
19governed in each polling place by the same privileges and
20limitations that apply to pollwatchers as provided in this
21Section. Any such candidate who engages in an activity in a
22polling place which could reasonably be construed by a majority
23of the judges of election as campaign activity shall be removed
24forthwith from such polling place.
25    Candidates seeking office in a district or municipality
26encompassing 2 or more counties who desire to be admitted to

 

 

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1polling places on election day in such district or municipality
2shall be required to have proper credentials. Such credentials
3shall be printed in sufficient quantities, shall be issued by
4and under the facsimile signature of the election authority of
5the election jurisdiction where the polling place in which the
6candidate seeks admittance is located, and shall be available
7for distribution at least 2 weeks prior to the election. Such
8credentials shall be signed by the candidate.
9    Candidate credentials shall be in substantially the
10following form:
 
11
CANDIDATE CREDENTIALS
12    TO THE JUDGES OF ELECTION:
13    In accordance with the provisions of the Election Code, I
14...... (name of candidate) hereby certify that I am a candidate
15for ....... (name of office) and seek admittance to .......
16precinct of the ....... ward (if applicable) of the .......
17(township or municipality) of ....... at the ....... election
18to be held on (insert date).
19.........................             .......................
20(Signature of Candidate)              OFFICE FOR WHICH
21                                      CANDIDATE SEEKS
22                                      NOMINATION OR
23                                      ELECTION
 
24    Pollwatchers shall be permitted to observe all proceedings

 

 

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1and view all reasonably requested records relating to the
2conduct of the election, provided the secrecy of the ballot is
3not impinged, and to station themselves in a position in the
4voting room as will enable them to observe the judges making
5the signature comparison between the voter application and the
6voter registration record card; provided, however, that such
7pollwatchers shall not be permitted to station themselves in
8such close proximity to the judges of election so as to
9interfere with the orderly conduct of the election and shall
10not, in any event, be permitted to handle election materials.
11Pollwatchers may challenge for cause the voting qualifications
12of a person offering to vote and may call to the attention of
13the judges of election any incorrect procedure or apparent
14violations of this Code.
15    If a majority of the judges of election determine that the
16polling place has become too overcrowded with pollwatchers so
17as to interfere with the orderly conduct of the election, the
18judges shall, by lot, limit such pollwatchers to a reasonable
19number, except that each candidate and each established or new
20political party shall be permitted to have at least one
21pollwatcher present.
22    Representatives of an election authority, with regard to an
23election under its jurisdiction, the State Board of Elections,
24and law enforcement agencies, including but not limited to a
25United States Attorney, a State's attorney, the Attorney
26General, and a State, county, or local police department, in

 

 

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1the performance of their official election duties, shall be
2permitted at all times to enter and remain in the polling
3place. Upon entering the polling place, such representatives
4shall display their official credentials or other
5identification to the judges of election.
6    Uniformed police officers assigned to polling place duty
7shall follow all lawful instructions of the judges of election.
8    The provisions of this Section shall also apply to
9supervised casting of vote by mail absentee ballots as provided
10in Section 19-12.2 of this Act.
11(Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07.)
 
12    (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
13    Sec. 7-61. Whenever a special election is necessary the
14provisions of this Article are applicable to the nomination of
15candidates to be voted for at such special election.
16    In cases where a primary election is required the officer
17or board or commission whose duty it is under the provisions of
18this Act relating to general elections to call an election,
19shall fix a date for the primary for the nomination of
20candidates to be voted for at such special election. Notice of
21such primary shall be given at least 15 days prior to the
22maximum time provided for the filing of petitions for such a
23primary as provided in Section 7-12.
24    Any vacancy in nomination under the provisions of this
25Article 7 occurring on or after the primary and prior to

 

 

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1certification of candidates by the certifying board or officer,
2must be filled prior to the date of certification. Any vacancy
3in nomination occurring after certification but prior to 15
4days before the general election shall be filled within 8 days
5after the event creating the vacancy. The resolution filling
6the vacancy shall be sent by U. S. mail or personal delivery to
7the certifying officer or board within 3 days of the action by
8which the vacancy was filled; provided, if such resolution is
9sent by mail and the U. S. postmark on the envelope containing
10such resolution is dated prior to the expiration of such 3 day
11limit, the resolution shall be deemed filed within such 3 day
12limit. Failure to so transmit the resolution within the time
13specified in this Section shall authorize the certifying
14officer or board to certify the original candidate. Vacancies
15shall be filled by the officers of a local municipal or
16township political party as specified in subsection (h) of
17Section 7-8, other than a statewide political party, that is
18established only within a municipality or township and the
19managing committee (or legislative committee in case of a
20candidate for State Senator or representative committee in the
21case of a candidate for State Representative in the General
22Assembly or State central committee in the case of a candidate
23for statewide office, including but not limited to the office
24of United States Senator) of the respective political party for
25the territorial area in which such vacancy occurs.
26    The resolution to fill a vacancy in nomination shall be

 

 

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1duly acknowledged before an officer qualified to take
2acknowledgements of deeds and shall include, upon its face, the
3following information:
4    (a) the name of the original nominee and the office
5vacated;
6    (b) the date on which the vacancy occurred;
7    (c) the name and address of the nominee selected to fill
8the vacancy and the date of selection.
9    The resolution to fill a vacancy in nomination shall be
10accompanied by a Statement of Candidacy, as prescribed in
11Section 7-10, completed by the selected nominee and a receipt
12indicating that such nominee has filed a statement of economic
13interests as required by the Illinois Governmental Ethics Act.
14    The provisions of Section 10-8 through 10-10.1 relating to
15objections to certificates of nomination and nomination
16papers, hearings on objections, and judicial review, shall
17apply to and govern objections to resolutions for filling a
18vacancy in nomination.
19    Any vacancy in nomination occurring 15 days or less before
20the consolidated election or the general election shall not be
21filled. In this event, the certification of the original
22candidate shall stand and his name shall appear on the official
23ballot to be voted at the general election.
24    A vacancy in nomination occurs when a candidate who has
25been nominated under the provisions of this Article 7 dies
26before the election (whether death occurs prior to, on or after

 

 

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1the day of the primary), or declines the nomination; provided
2that nominations may become vacant for other reasons.
3    If the name of no established political party candidate was
4printed on the consolidated primary ballot for a particular
5office and if no person was nominated as a write-in candidate
6for such office, a vacancy in nomination shall be created which
7may be filled in accordance with the requirements of this
8Section. If the name of no established political party
9candidate was printed on the general primary ballot for a
10particular office and if no person was nominated as a write-in
11candidate for such office, a vacancy in nomination shall be
12filled only by a person designated by the appropriate committee
13of the political party and only if that designated person files
14nominating petitions with the number of signatures required for
15an established party candidate for that office within 75 days
16after the day of the general primary. The circulation period
17for those petitions begins on the day the appropriate committee
18designates that person. The person shall file his or her
19nominating petitions, statements of candidacy, notice of
20appointment by the appropriate committee, and receipt of filing
21his or her statement of economic interests together. These
22documents shall be filed at the same location as provided in
23Section 7-12. The electoral boards having jurisdiction under
24Section 10-9 to hear and pass upon objections to nominating
25petitions also shall hear and pass upon objections to
26nomination petitions filed by candidates under this paragraph.

 

 

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1    A candidate for whom a nomination paper has been filed as a
2partisan candidate at a primary election, and who is defeated
3for his or her nomination at such primary election, is
4ineligible to be listed on the ballot at that general or
5consolidated election as a candidate of another political
6party.
7    A candidate seeking election to an office for which
8candidates of political parties are nominated by caucus who is
9a participant in the caucus and who is defeated for his or her
10nomination at such caucus, is ineligible to be listed on the
11ballot at that general or consolidated election as a candidate
12of another political party.
13    In the proceedings to nominate a candidate to fill a
14vacancy or to fill a vacancy in the nomination, each precinct,
15township, ward, county or congressional district, as the case
16may be, shall through its representative on such central or
17managing committee, be entitled to one vote for each ballot
18voted in such precinct, township, ward, county or congressional
19district, as the case may be, by the primary electors of its
20party at the primary election immediately preceding the meeting
21at which such vacancy is to be filled.
22    For purposes of this Section, the words "certify" and
23"certification" shall refer to the act of officially declaring
24the names of candidates entitled to be printed upon the
25official ballot at an election and directing election
26authorities to place the names of such candidates upon the

 

 

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1official ballot. "Certifying officers or board" shall refer to
2the local election official, election authority or the State
3Board of Elections, as the case may be, with whom nomination
4papers, including certificates of nomination and resolutions
5to fill vacancies in nomination, are filed and whose duty it is
6to "certify" candidates.
7(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
 
8    (10 ILCS 5/8-17)  (from Ch. 46, par. 8-17)
9    Sec. 8-17. The death of any candidate prior to, or on, the
10date of the primary shall not affect the canvass of the
11ballots. If the result of such canvass discloses that such
12candidate, if he had lived, would have been nominated, such
13candidate shall be declared nominated.
14    In the event that a candidate of a party who has been
15nominated under the provisions of this Article shall die before
16election (whether death occurs prior to, or on, or after, the
17date of the primary) or decline the nomination or should the
18nomination for any other reason become vacant, the legislative
19or representative committee of such party for such district
20shall nominate a candidate of such party to fill such vacancy.
21However, if there was no candidate for the nomination of the
22party in the primary, no candidate of that party for that
23office may be listed on the ballot at the general election,
24unless the legislative or representative committee of the party
25nominates a candidate to fill the vacancy in nomination within

 

 

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175 days after the date of the general primary election.
2Vacancies in nomination occurring under this Article shall be
3filled by the appropriate legislative or representative
4committee in accordance with the provisions of Section 7-61 of
5this Code. In proceedings to fill the vacancy in nomination,
6the voting strength of the members of the legislative or
7representative committee shall be as provided in Section 8-6.
8(Source: P.A. 96-1008, eff. 7-6-10.)
 
9    (10 ILCS 5/9-21)  (from Ch. 46, par. 9-21)
10    Sec. 9-21. Upon receipt of a complaint as provided in
11Section 9-20, the Board shall hold a closed preliminary hearing
12to determine whether or not the complaint appears to have been
13filed on justifiable grounds. Such closed preliminary hearing
14shall be conducted as soon as practicable after affording
15reasonable notice, a copy of the complaint, and an opportunity
16to testify at such hearing to both the person making the
17complaint and the person against whom the complaint is
18directed. If the complaint is received between 31 and 15 days
19before an election about which the complaint is filed, then the
20Board shall, at a minimum, hold the closed preliminary hearing
21and make the determination of whether the complaint was filed
22upon justifiable grounds, prior to the election. If the Board
23finds that the complaint was filed upon justifiable grounds and
24determines that a public hearing is necessary, that hearing may
25be set prior to the election if time permits. If time does not

 

 

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1so permit, the hearing shall take place as soon as practicable
2after the election. The complaint must be personally served on
3the respondent by the complainant and proof of service must be
4included with the complaint filed with the Board. In addition,
5the complaint must be accompanied by the $50 filing fee. If the
6complainant fails to personally serve the respondent and
7provide proof, or fails to pay the filing fee, then the Board
8shall not accept the complaint. Complaints involving any
9conduct that relates to an upcoming election shall not be
10accepted 14 or fewer business days before that election.
11However, those complaints may be filed at any time after that
12election. If the Board fails to determine that the complaint
13has been filed on justifiable grounds, it shall dismiss the
14complaint without further hearing. Any additional hearings
15shall be open to the public.
16    Whenever the Board, in an open meeting, determines, after
17affording due notice and an opportunity for a public hearing,
18that any person has engaged or is about to engage in an act or
19practice which constitutes or will constitute a violation of
20any provision of this Article or any regulation or order issued
21thereunder, the Board shall issue an order directing such
22person to take such action as the Board determines may be
23necessary in the public interest to correct the violation.
24Except as provided above, the In addition, if the act or
25practice engaged in consists of the failure to file any
26required report within the time prescribed by this Article, the

 

 

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1Board, as part of its order, shall further provide that if,
2within the 12-month period following the issuance of the order,
3such person fails to file within the time prescribed by this
4Article any subsequent report as may be required, such person
5may be subject to a civil penalty pursuant to Section 9-23. The
6Board shall render its final judgment within 60 days of the
7date the complaint is filed; except that during the 60 days
8preceding the date of the election in reference to which the
9complaint is filed, the Board shall render its final judgment
10within 7 days of the date the complaint is filed, and during
11the 7 days preceding such election, the Board shall render such
12judgment before the date of such election, if possible.
13    At any time prior to the issuance of the Board's final
14judgment, the parties may dispose of the complaint by a written
15stipulation, agreed settlement or consent order. Any such
16stipulation, settlement or order shall, however, be submitted
17in writing to the Board and shall become effective only if
18approved by the Board in an open meeting. If the act or
19practice complained of consists of the failure to file any
20required report within the time prescribed by this Article,
21such stipulation, settlement or order may provide that if,
22within the 12-month period following the approval of such
23stipulation, agreement or order, the person complained of fails
24to file within the time prescribed by this Article any
25subsequent reports as may be required, such person may be
26subject to a civil penalty pursuant to Section 9-23.

 

 

09800SB0172ham001- 78 -LRB098 04408 MGM 62623 a

1    Any person filing a complaint pursuant to Section 9-20 may,
2upon written notice to the other parties and to the Board,
3voluntarily withdraw the complaint at any time prior to the
4issuance of the Board's final determination.
5(Source: P.A. 96-832, eff. 1-1-11.)
 
6    (10 ILCS 5/10-7)  (from Ch. 46, par. 10-7)
7    Sec. 10-7. Any person whose name has been presented as a
8candidate, including nonpartisan and independent candidates,
9may cause his name to be withdrawn from any such nomination by
10his request in writing, signed by him and duly acknowledged
11before an officer qualified to take acknowledgment of deeds,
12and presented to the principal office or permanent branch
13office of the Board, the election authority, or the local
14election official, as the case may be, not later than the date
15for certification of candidates for the ballot. No name so
16withdrawn shall be printed upon the ballots under the party
17appellation or title from which the candidate has withdrawn his
18name. If such a request for withdrawal is received after the
19date for certification of the candidates for the ballot, then
20the votes cast for the withdrawn candidate are invalid and
21shall not be reported by the election authority. If the name of
22the same person has been presented as a candidate for 2 or more
23offices which are incompatible so that the same person could
24not serve in more than one of such offices if elected, that
25person must withdraw as a candidate for all but one of such

 

 

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

 

 

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1from all certificates of nomination and petitions filed after
2the first such certificate of nomination or petition.
3    Whenever the name of a candidate for an office is withdrawn
4from a new political party petition, it shall constitute a
5vacancy in nomination for that office which may be filled in
6accordance with Section 10-11 of this Article; provided, that
7if the names of all candidates for all offices on a new
8political party petition are withdrawn or such petition is
9declared invalid by an electoral board or upon judicial review,
10no vacancies in nomination for those offices shall exist and
11the filing of any notice or resolution purporting to fill
12vacancies in nomination shall have no legal effect.
13    Whenever the name of an independent candidate for an office
14is withdrawn or an independent candidate's petition is declared
15invalid by an electoral board or upon judicial review, no
16vacancy in nomination for that office shall exist and the
17filing of any notice or resolution purporting to fill a vacancy
18in nomination shall have no legal effect.
19    All certificates of nomination and nomination papers when
20presented or filed shall be open, under proper regulation, to
21public inspection, and the State Board of Elections and the
22several election authorities and local election officials
23having charge of nomination papers shall preserve the same in
24their respective offices not less than 6 months.
25(Source: P.A. 98-115, eff. 7-29-13.)
 

 

 

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1    (10 ILCS 5/10-9)  (from Ch. 46, par. 10-9)
2    Sec. 10-9. The following electoral boards are designated
3for the purpose of hearing and passing upon the objector's
4petition described in Section 10-8.
5        1. The State Board of Elections will hear and pass upon
6    objections to the nominations of candidates for State
7    offices, nominations of candidates for congressional,
8    legislative and judicial offices of districts,
9    subcircuits, or circuits situated in more than one county,
10    nominations of candidates for the offices of State's
11    attorney or regional superintendent of schools to be
12    elected from more than one county, nominations of
13    candidates for congressional and legislative offices that
14    do not have any portion of their district in a county with
15    a population of 3,000,000 or more, and petitions for
16    proposed amendments to the Constitution of the State of
17    Illinois as provided for in Section 3 of Article XIV of the
18    Constitution.
19        2. The county officers electoral board of a county with
20    a population of less than 3,000,000 to hear and pass upon
21    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
25    offices, for the office of multi-township assessor where
26    candidates for such office are nominated in accordance with

 

 

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1    this Code, and for all special district offices, shall be
2    composed of the county clerk, or an assistant designated by
3    the county clerk, the State's attorney of the county or an
4    Assistant State's Attorney designated by the State's
5    Attorney, and the clerk of the circuit court, or an
6    assistant designated by the clerk of the circuit court, of
7    the county, of whom the county clerk or his designee shall
8    be the chairman, except that in any county which has
9    established a county board of election commissioners that
10    board shall constitute the county officers electoral board
11    ex-officio. If a school district is located in 2 or more
12    counties, the county officers electoral board of the county
13    in which the principal office of the school district is
14    located shall hear and pass upon objections to nominations
15    of candidates for school district office in that school
16    district.
17        2.5. The county officers electoral board of a county
18    with a population of 3,000,000 or more to hear and pass
19    upon objections to the nominations of candidates for county
20    offices, candidates for congressional and legislative
21    offices if any portion of the district lies within the
22    county unless the district is wholly within the
23    jurisdiction of a municipal board of election
24    commissioners, and judicial offices of a district,
25    subcircuit, or circuit coterminous with or less than a
26    county, for any school district offices, for the office of

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1(Source: P.A. 98-115, eff. 7-29-13.)
 
2    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)
3    Sec. 11-4.1. (a) In appointing polling places under this
4Article, the county board or board of election commissioners
5shall, insofar as they are convenient and available, use
6schools and other public buildings as polling places.
7    (b) Upon request of the county board or board of election
8commissioners, the proper agency of government (including
9school districts and units of local government) shall make a
10public building under its control available for use as a
11polling place on an election day and for a reasonably necessary
12time before and after election day, without charge. If the
13county board or board of election commissioners chooses a
14school to be a polling place, then the school district must
15make the school available for use as a polling place. However,
16for the day of the election, a school district is encouraged to
17(i) close the school or (ii) hold a teachers institute on that
18day with students not in attendance.
19    (c) A government agency which makes a public building under
20its control available for use as a polling place shall (i)
21ensure the portion of the building to be used as the polling
22place is accessible to handicapped and elderly voters and (ii)
23allow the election authority to administer the election as
24authorized under this Code.
25    (d) If a qualified elector's precinct polling place is a

 

 

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1school and the elector will be unable to enter that polling
2place without violating Section 11-9.3 of the Criminal Code of
32012 because the elector is a child sex offender as defined in
4Section 11-9.3 of the Criminal Code of 2012, that elector may
5vote by a vote by mail absentee ballot in accordance with
6Article 19 of this Code or may vote early in accordance with
7Article 19A of this Code.
8(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
 
9    (10 ILCS 5/11-7)  (from Ch. 46, par. 11-7)
10    Sec. 11-7. For the purpose of the conduct of any
11consolidated election, consolidated primary election, special
12municipal primary election or emergency referendum, an
13election authority may cluster up to four contiguous precincts
14as provided in this Section, which shall constitute a clustered
15voting zone. The common polling place for the clustered voting
16zone shall be located within the territory comprising the
17clustered precincts. Unless the election authority specifies a
18larger number, only one election judge shall be appointed for
19each of the precincts in each clustered voting zone.
20    The judges so appointed may not all be affiliated with the
21same political party.
22    The conduct of an election in a clustered voting zone shall
23be under the general supervision of all the judges of election
24designated to serve in the clustered voting zone. The
25designated judges may perform the duties of election judges for

 

 

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1the entire clustered voting zone. However, the requirements of
2Section 17-14 shall apply to voter assistance, the requirements
3of Section 24-10 shall apply to voter instruction, the
4requirement of Section 24A-10 shall apply to examination of
5vote by mail absentee ballots, and any disputes as to
6entitlement to vote, challenges, counting of ballots or other
7matters pertaining directly to voting shall be decided by those
8designated judges appointed for the precinct in which the
9affected voter resides or the disputed vote is to be counted.
10    This Section does not apply to any elections in
11municipalities with more than 1,000,000 inhabitants.
12(Source: P.A. 90-358, eff. 1-1-98.)
 
13    (10 ILCS 5/12-1)  (from Ch. 46, par. 12-1)
14    Sec. 12-1. At least 60 days prior to each general and
15consolidated election, the election authority shall provide
16public notice, calculated to reach elderly and handicapped
17voters, of the availability of registration and voting aids
18under the Federal Voting Accessibility for the Elderly and
19Handicapped Act, of the availability of assistance in marking
20the ballot, procedures for voting by vote by mail absentee
21ballot, and procedures for voting early by personal appearance.
22    At least 30 days before any general election, and at least
2320 days before any special congressional election, the county
24clerk shall publish a notice of the election in 2 or more
25newspapers published in the county, city, village,

 

 

09800SB0172ham001- 90 -LRB098 04408 MGM 62623 a

1incorporated town or town, as the case may be, or if there is
2no such newspaper, then in any 2 or more newspapers published
3in the county and having a general circulation throughout the
4community. The notice may be substantially as follows:
5    Notice is hereby given that on (give date), at (give the
6place of holding the election and the name of the precinct or
7district) in the county of (name county), an election will be
8held for (give the title of the several offices to be filled),
9which election will be open at 6:00 a.m. and continued open
10until 7:00 p.m. of that day.
11    Dated at .... on (insert date).
12(Source: P.A. 94-645, eff. 8-22-05.)
 
13    (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
14    Sec. 13-1. In counties not under township organization, the
15county board of commissioners shall at its meeting in July in
16each even-numbered year appoint in each election precinct 5
17capable and discreet persons meeting the qualifications of
18Section 13-4 to be judges of election. Where neither voting
19machines nor electronic, mechanical or electric voting systems
20are used, the county board may, for any precinct with respect
21to which the board considers such action necessary or desirable
22in view of the number of voters, and shall for general
23elections for any precinct containing more than 600 registered
24voters, appoint in addition to the 5 judges of election a team
25of 5 tally judges. In such precincts the judges of election

 

 

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1shall preside over the election during the hours the polls are
2open, and the tally judges, with the assistance of the holdover
3judges designated pursuant to Section 13-6.2, shall count the
4vote after the closing of the polls. However, the County Board
5of Commissioners may appoint 3 judges of election to serve in
6lieu of the 5 judges of election otherwise required by this
7Section to serve in any emergency referendum, or in any
8odd-year regular election or in any special primary or special
9election called for the purpose of filling a vacancy in the
10office of representative in the United States Congress or to
11nominate candidates for such purpose. The tally judges shall
12possess the same qualifications and shall be appointed in the
13same manner and with the same division between political
14parties as is provided for judges of election.
15    In addition to such precinct judges, the county board of
16commissioners shall appoint special panels of 3 judges each,
17who shall possess the same qualifications and shall be
18appointed in the same manner and with the same division between
19political parties as is provided for other judges of election.
20The number of such panels of judges required shall be
21determined by regulations of the State Board of Elections which
22shall base the required numbers of special panels on the number
23of registered voters in the jurisdiction or the number of vote
24by mail and early absentee ballots voted at recent elections,
25or any combination of such factors.
26    Such appointment shall be confirmed by the court as

 

 

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1provided in Section 13-3 of this Article. No more than 3
2persons of the same political party shall be appointed judges
3of the same election precinct or election judge panel. The
4appointment shall be made in the following manner: The county
5board of commissioners shall select and approve 3 persons as
6judges of election in each election precinct from a certified
7list, furnished by the chairman of the County Central Committee
8of the first leading political party in such precinct; and the
9county board of commissioners shall also select and approve 2
10persons as judges of election in each election precinct from a
11certified list, furnished by the chairman of the County Central
12Committee of the second leading political party. However, if
13only 3 judges of election serve in each election precinct, no
14more than 2 persons of the same political party shall be judges
15of election in the same election precinct; and which political
16party is entitled to 2 judges of election and which political
17party is entitled to one judge of election shall be determined
18in the same manner as set forth in the next two preceding
19sentences with regard to 5 election judges in each precinct.
20Such certified list shall be filed with the county clerk not
21less than 10 days before the annual meeting of the county board
22of commissioners. Such list shall be arranged according to
23precincts. The chairman of each county central committee shall,
24insofar as possible, list persons who reside within the
25precinct in which they are to serve as judges. However, he may,
26in his sole discretion, submit the names of persons who reside

 

 

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1outside the precinct but within the county embracing the
2precinct in which they are to serve. He must, however, submit
3the names of at least 2 residents of the precinct for each
4precinct in which his party is to have 3 judges and must submit
5the name of at least one resident of the precinct for each
6precinct in which his party is to have 2 judges. The county
7board of commissioners shall acknowledge in writing to each
8county chairman the names of all persons submitted on such
9certified list and the total number of persons listed thereon.
10If no such list is filed or such list is incomplete (that is,
11no names or an insufficient number of names are furnished for
12certain election precincts), the county board of commissioners
13shall make or complete such list from the names contained in
14the supplemental list provided for in Section 13-1.1. The
15election judges shall hold their office for 2 years from their
16appointment, and until their successors are duly appointed in
17the manner provided in this Act. The county board of
18commissioners shall fill all vacancies in the office of judge
19of election at any time in the manner provided in this Act.
20(Source: P.A. 94-1000, eff. 7-3-06.)
 
21    (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
22    Sec. 13-2. Appointment of election judges in counties
23having a population of less than 3,000,000. In counties under
24the township organization the county board shall at its meeting
25in July in each even-numbered year except in counties

 

 

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1containing a population of 3,000,000 inhabitants or over and
2except when such judges are appointed by election
3commissioners, select in each election precinct in the county,
45 capable and discreet persons to be judges of election who
5shall possess the qualifications required by this Act for such
6judges. Where neither voting machines nor electronic,
7mechanical or electric voting systems are used, the county
8board may, for any precinct with respect to which the board
9considers such action necessary or desirable in view of the
10number of voters, and shall for general elections for any
11precinct containing more than 600 registered voters, appoint in
12addition to the 5 judges of election a team of 5 tally judges.
13In such precincts the judges of election shall preside over the
14election during the hours the polls are open, and the tally
15judges, with the assistance of the holdover judges designated
16pursuant to Section 13-6.2, shall count the vote after the
17closing of the polls. The tally judges shall possess the same
18qualifications and shall be appointed in the same manner and
19with the same division between political parties as is provided
20for judges of election.
21    However, the county board may appoint 3 judges of election
22to serve in lieu of the 5 judges of election otherwise required
23by this Section to serve in any emergency referendum, or in any
24odd-year regular election or in any special primary or special
25election called for the purpose of filling a vacancy in the
26office of representative in the United States Congress or to

 

 

09800SB0172ham001- 95 -LRB098 04408 MGM 62623 a

1nominate candidates for such purpose.
2    In addition to such precinct judges, the county board shall
3appoint special panels of 3 judges each, who shall possess the
4same qualifications and shall be appointed in the same manner
5and with the same division between political parties as is
6provided for other judges of election. The number of such
7panels of judges required shall be determined by regulations of
8the State Board of Elections, which shall base the required
9number of special panels on the number of registered voters in
10the jurisdiction or the number of vote by mail and early
11absentee ballots voted at recent elections or any combination
12of such factors.
13    No more than 3 persons of the same political party shall be
14appointed judges in the same election district or undivided
15precinct. The election of the judges of election in the various
16election precincts shall be made in the following manner: The
17county board shall select and approve 3 of the election judges
18in each precinct from a certified list furnished by the
19chairman of the County Central Committee of the first leading
20political party in such election precinct and shall also select
21and approve 2 judges of election in each election precinct from
22a certified list furnished by the chairman of the County
23Central Committee of the second leading political party in such
24election precinct. However, if only 3 judges of election serve
25in each election precinct, no more than 2 persons of the same
26political party shall be judges of election in the same

 

 

09800SB0172ham001- 96 -LRB098 04408 MGM 62623 a

1election precinct; and which political party is entitled to 2
2judges of election and which political party is entitled to one
3judge of election shall be determined in the same manner as set
4forth in the next two preceding sentences with regard to 5
5election judges in each precinct. The respective County Central
6Committee chairman shall notify the county board by June 1 of
7each odd-numbered year immediately preceding the annual
8meeting of the county board whether or not such certified list
9will be filed by such chairman. Such list shall be arranged
10according to precincts. The chairman of each county central
11committee shall, insofar as possible, list persons who reside
12within the precinct in which they are to serve as judges.
13However, he may, in his sole discretion, submit the names of
14persons who reside outside the precinct but within the county
15embracing the precinct in which they are to serve. He must,
16however, submit the names of at least 2 residents of the
17precinct for each precinct in which his party is to have 3
18judges and must submit the name of at least one resident of the
19precinct for each precinct in which his party is to have 2
20judges. Such certified list, if filed, shall be filed with the
21county clerk not less than 20 days before the annual meeting of
22the county board. The county board shall acknowledge in writing
23to each county chairman the names of all persons submitted on
24such certified list and the total number of persons listed
25thereon. If no such list is filed or the list is incomplete
26(that is, no names or an insufficient number of names are

 

 

09800SB0172ham001- 97 -LRB098 04408 MGM 62623 a

1furnished for certain election precincts), the county board
2shall make or complete such list from the names contained in
3the supplemental list provided for in Section 13-1.1. Provided,
4further, that in any case where a township has been or shall be
5redistricted, in whole or in part, subsequent to one general
6election for Governor, and prior to the next, the judges of
7election to be selected for all new or altered precincts shall
8be selected in that one of the methods above detailed, which
9shall be applicable according to the facts and circumstances of
10the particular case, but the majority of such judges for each
11such precinct shall be selected from the first leading
12political party, and the minority judges from the second
13leading political party. Provided, further, that in counties
14having a population of 1,000,000 inhabitants or over the
15selection of judges of election shall be made in the same
16manner in all respects as in other counties, except that the
17provisions relating to tally judges are inapplicable to such
18counties and except that the county board shall meet during the
19month of January for the purpose of making such selection and
20the chairman of each county central committee shall notify the
21county board by the preceding October 1 whether or not the
22certified list will be filed. Such judges of election shall
23hold their office for 2 years from their appointment and until
24their successors are duly appointed in the manner provided in
25this Act. The county board shall fill all vacancies in the
26office of judges of elections at any time in the manner herein

 

 

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1provided.
2    Such selections under this Section shall be confirmed by
3the circuit court as provided in Section 13-3 of this Article.
4(Source: P.A. 94-1000, eff. 7-3-06.)
 
5    (10 ILCS 5/13-3.5 new)
6    Sec. 13-3.5. Appointment of election judges in counties
7having a population of more than 3,000,000. In counties under
8the township organization the county board shall at its meeting
9in January in each even-numbered year with a population of
103,000,000 inhabitants or over and except when such judges are
11appointed by election commissioners, select in each election
12precinct in the county, 5 capable and discreet persons to be
13judges of election who shall possess the qualifications
14required by this Act for such judges. Where neither voting
15machines nor electronic, mechanical or electric voting systems
16are used, the county board may, for any precinct with respect
17to which the board considers such action necessary or desirable
18in view of the number of voters, and shall for general
19elections for any precinct containing more than 600 registered
20voters, appoint in addition to the 5 judges of election a team
21of 5 tally judges. In such precincts the judges of election
22shall preside over the election during the hours the polls are
23open, and the tally judges, with the assistance of the holdover
24judges designated pursuant to Section 13-6.2, shall count the
25vote after the closing of the polls. The tally judges shall

 

 

09800SB0172ham001- 99 -LRB098 04408 MGM 62623 a

1possess the same qualifications and shall be appointed in the
2same manner and with the same division between political
3parties as is provided for judges of election.
4    However, the county board may appoint 3 judges of election
5to serve in lieu of the 5 judges of election otherwise required
6by this Section to serve in any emergency referendum, or in any
7odd-year regular election or in any special primary or special
8election called for the purpose of filling a vacancy in the
9office of representative in the United States Congress or to
10nominate candidates for such purpose.
11    In addition to such precinct judges, the county board shall
12appoint special panels of 3 judges each, who shall possess the
13same qualifications and shall be appointed in the same manner
14and with the same division between political parties as is
15provided for other judges of election. The number of such
16panels of judges required shall be determined by regulations of
17the State Board of Elections, which shall base the required
18number of special panels on the number of registered voters in
19the jurisdiction or the number of vote by mail and early
20ballots voted at recent elections or any combination of such
21factors.
22    No more than 3 persons of the same political party shall be
23appointed judges in the same election district or undivided
24precinct. The election of the judges of election in the various
25election precincts shall be made in the following manner: The
26county board shall select and approve 3 of the election judges

 

 

09800SB0172ham001- 100 -LRB098 04408 MGM 62623 a

1in each precinct from a certified list furnished by the
2township committeeperson precinct from a certified list
3furnished by the township committeeperson of the second leading
4political party in such election precinct. However, if only 3
5judges of election serve in each election precinct, no more
6than 2 persons of the same political party shall be judges of
7election in the same election precinct; and which political
8party is entitled to 2 judges of election and which political
9party is entitled to one judge of election shall be determined
10in the same manner as set forth in the next two preceding
11sentences with regard to 5 election judges in each precinct.
12The respective township committeeperson shall notify the
13county board by October 1 of each odd-numbered year immediately
14preceding the annual meeting of the county board whether or not
15such certified list will be filed by such township
16committeeperson. Such list shall be arranged according to
17precincts. The township committeeperson of each township
18shall, insofar as possible, list persons who reside within the
19precinct in which they are to serve as judges. However, he may,
20in his sole discretion, submit the names of persons who reside
21outside the precinct but within the county embracing the
22precinct in which they are to serve. He must, however, submit
23the names of at least 2 residents of the precinct for each
24precinct in which his party is to have 3 judges and must submit
25the name of at least one resident of the precinct for each
26precinct in which his party is to have 2 judges. Such certified

 

 

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1list, if filed, shall be filed with the county clerk not less
2than 20 days before the annual meeting of the county board. The
3county board shall acknowledge in writing to each township
4committeeperson the names of all persons submitted on such
5certified list and the total number of persons listed thereon.
6If no such list is filed or the list is incomplete (that is, no
7names or an insufficient number of names are furnished for
8certain election precincts), the county board shall make or
9complete such list from the names contained in the supplemental
10list provided for in Section 13-1.1. Provided, further, that in
11any case where a township has been or shall be redistricted, in
12whole or in part, subsequent to one general election for
13Governor, and prior to the next, the judges of election to be
14selected for all new or altered precincts shall be selected in
15that one of the methods above detailed, which shall be
16applicable according to the facts and circumstances of the
17particular case, but the majority of such judges for each such
18precinct shall be selected from the first leading political
19party, and the minority judges from the second leading
20political party. Such judges of election shall hold their
21office for 2 years from their appointment and until their
22successors are duly appointed in the manner provided in this
23Act. The county board shall fill all vacancies in the office of
24judges of elections at any time in the manner herein provided.
25    Such selections under this Section shall be confirmed by
26the circuit court as provided in Section 13-3 of this Article.
 

 

 

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1    (10 ILCS 5/13-10)  (from Ch. 46, par. 13-10)
2    Sec. 13-10. The compensation of the judges of all primaries
3and all elections, except judges supervising vote by mail
4absentee ballots as provided in Section 19-12.2 of this Act, in
5counties of less than 600,000 inhabitants shall be fixed by the
6respective county boards or boards of election commissioners in
7all counties and municipalities, but in no case shall such
8compensation be less than $35 per day. The compensation of
9judges of all primaries and all elections not under the
10jurisdiction of the county clerk, except judges supervising
11vote by mail absentee balloting as provided in Section 19-12.2
12of this Act, in counties having a population of 2,000,000 or
13more shall be not less than $60 per day. The compensation of
14judges of all primaries and all elections under the
15jurisdiction of the county clerk, except judges supervising
16vote by mail absentee balloting as provided in Section 19-12.2
17of this Act, in counties having a population of 2,000,000 or
18more shall be not less than $60 per day. The compensation of
19judges of all primaries and all elections, except judges
20supervising vote by mail absentee ballots as provided in
21Section 19-12.2 of this Act, in counties having a population of
22at least 600,000 but less than 2,000,000 inhabitants shall be
23not less than $45 per day as fixed by the county board of
24election commissioners of each such county. In addition to
25their per day compensation and notwithstanding the limitations

 

 

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1thereon stated herein, the judges of election, in all counties
2with a population of less than 600,000, shall be paid $3 each
3for each 100 voters or portion thereof, in excess of 200 voters
4voting for candidates in the election district or precinct
5wherein the judge is serving, whether a primary or an election
6is being held. However, no such extra compensation shall be
7paid to the judges of election in any precinct in which no
8paper ballots are counted by such judges of election. The 2
9judges of election in counties having a population of less than
10600,000 who deliver the returns to the county clerk shall each
11be allowed and paid a sum to be determined by the election
12authority for such services and an additional sum per mile to
13be determined by the election authority for every mile
14necessarily travelled in going to and returning from the office
15or place to which they deliver the returns. The compensation
16for mileage shall be consistent with current rates paid for
17mileage to employees of the county.
18    However, all judges who have been certified by the County
19Clerk or Board of Election Commissioners as having
20satisfactorily completed, within the 2 years preceding the day
21of election, the training course for judges of election, as
22provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act,
23shall receive additional compensation of not less than $10 per
24day in counties of less than 600,000 inhabitants, the
25additional compensation of not less than $10 per day in
26counties having a population of at least 600,000 but less than

 

 

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12,000,000 inhabitants as fixed by the county board of election
2commissioners of each such county, and additional compensation
3of not less than $20 per day in counties having a population of
42,000,000 or more for primaries and elections not under the
5jurisdiction of the county clerk, and additional compensation
6of not less than $20 per day in counties having a population of
72,000,000 or more for primaries and elections under the
8jurisdiction of the county clerk.
9    In precincts in which there are tally judges, the
10compensation of the tally judges shall be 2/3 of that of the
11judges of election and each holdover judge shall be paid the
12compensation of a judge of election plus that of a tally judge.
13    Beginning on the effective date of this amendatory Act of
141998, the portion of an election judge's daily compensation
15reimbursed by the State Board of Elections is increased by $15.
16The increase provided by this amendatory Act of 1998 must be
17used to increase each judge's compensation and may not be used
18by the county to reduce its portion of a judge's compensation.
19    Beginning on the effective date of this amendatory Act of
20the 95th General Assembly, the portion of an election judge's
21daily compensation reimbursement by the State Board of
22Elections is increased by an additional $20. The increase
23provided by this amendatory Act of the 95th General Assembly
24must be used to increase each judge's compensation and may not
25be used by the election authority or election jurisdiction to
26reduce its portion of a judge's compensation.

 

 

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1(Source: P.A. 95-699, eff. 11-9-07.)
 
2    (10 ILCS 5/14-3.1)  (from Ch. 46, par. 14-3.1)
3    Sec. 14-3.1. Boards of election commissioners in election
4jurisdictions other than municipalities with a population of
5more than 500,000. The board of election commissioners shall,
6during the month of July of each even-numbered year, select for
7each election precinct within the jurisdiction of the board 5
8persons to be judges of election who shall possess the
9qualifications required by this Act for such judges. The
10selection shall be made by a county board of election
11commissioners in the following manner: the county board of
12election commissioners shall select and approve 3 persons as
13judges of election in each election precinct from a certified
14list furnished by the chairman of the county central committee
15of the first leading political party in that precinct; the
16county board of election commissioners also shall select and
17approve 2 persons as judges of election in each election
18precinct from a certified list furnished by the chairman of the
19county central committee of the second leading political party
20in that precinct. The selection by a municipal board of
21election commissioners shall be made in the following manner:
22for each precinct, 3 judges shall be selected from one of the 2
23leading political parties and the other 2 judges shall be
24selected from the other leading political party; the parties
25entitled to 3 and 2 judges, respectively, in the several

 

 

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1precincts shall be determined as provided in Section 14-4.
2However, a Board of Election Commissioners may appoint three
3judges of election to serve in lieu of the 5 judges of election
4otherwise required by this Section to serve in any emergency
5referendum, or in any odd-year regular election or in any
6special primary or special election called for the purpose of
7filling a vacancy in the office of representative in the United
8States Congress or to nominate candidates for such purpose.
9    If only 3 judges of election serve in each election
10precinct, no more than 2 persons of the same political party
11shall be judges of election in the same election precinct, and
12which political party is entitled to 2 judges of election and
13which political party is entitled to one judge of election
14shall be determined as set forth in this Section for a county
15board of election commissioners' selection of 5 election judges
16in each precinct or in Section 14-4 for a municipal board of
17election commissioners' selection of election judges in each
18precinct, whichever is appropriate. In addition to such
19precinct judges, the board of election commissioners shall
20appoint special panels of 3 judges each, who shall possess the
21same qualifications and shall be appointed in the same manner
22and with the same division between political parties as is
23provided for other judges of election. The number of such
24panels of judges required shall be determined by regulation of
25the State Board of Elections, which shall base the required
26number of special panels on the number of registered voters in

 

 

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1the jurisdiction or the number of vote by mail or early
2absentee ballots voted at recent elections or any combination
3of such factors. A municipal board of election commissioners
4shall make the selections of persons qualified under Section
514-1 from certified lists furnished by the chairman of the
6respective county central committees of the 2 leading political
7parties. Lists furnished by chairmen of county central
8committees under this Section shall be arranged according to
9precincts. The chairman of each county central committee shall,
10insofar as possible, list persons who reside within the
11precinct in which they are to serve as judges. However, he may,
12in his sole discretion, submit the names of persons who reside
13outside the precinct but within the county embracing the
14precinct in which they are to serve. He must, however, submit
15the names of at least 2 residents of the precinct for each
16precinct in which his party is to have 3 judges and must submit
17the name of at least one resident of the precinct for each
18precinct in which his party is to have 2 judges. The board of
19election commissioners shall no later than March 1 of each
20even-numbered year notify the chairmen of the respective county
21central committees of their responsibility to furnish such
22lists, and each such chairman shall furnish the board of
23election commissioners with the list for his party on or before
24May 1 of each even-numbered year. The board of election
25commissioners shall acknowledge in writing to each county
26chairman the names of all persons submitted on such certified

 

 

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1list and the total number of persons listed thereon. If no such
2list is furnished or if no names or an insufficient number of
3names are furnished for certain precincts, the board of
4election commissioners shall make or complete such list from
5the names contained in the supplemental list provided for in
6Section 14-3.2. Judges of election shall hold their office for
72 years from their appointment and until their successors are
8duly appointed in the manner herein provided. The board of
9election commissioners shall, subject to the provisions of
10Section 14-3.2, fill all vacancies in the office of judges of
11election at any time in the manner herein provided.
12    Such selections under this Section shall be confirmed by
13the court as provided in Section 14-5.
14(Source: P.A. 94-1000, eff. 7-3-06.)
 
15    (10 ILCS 5/14-3.1A new)
16    Sec. 14-3.1A. Boards of election commissioners in
17municipalities with a population of more than 500,000. The
18board of election commissioners shall, during the month of July
19of each even-numbered year, select for each election precinct
20within the jurisdiction of the board 5 persons to be judges of
21election who shall possess the qualifications required by this
22Act for such judges. The selection shall be made by a county
23board of election commissioners in the following manner: the
24county board of election commissioners shall select and approve
253 persons as judges of election in each election precinct from

 

 

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1a certified list furnished by the ward committeeperson for each
2ward in the municipality of the first leading political party
3in that precinct; the county board of election commissioners
4also shall select and approve 2 persons as judges of election
5in each election precinct from a certified list furnished by
6the ward committeeperson for each ward in the municipality of
7the second leading political party in that precinct. The
8selection by a municipal board of election commissioners shall
9be made in the following manner: for each precinct, 3 judges
10shall be selected from one of the 2 leading political parties
11and the other 2 judges shall be selected from the other leading
12political party; the parties entitled to 3 and 2 judges,
13respectively, in the several precincts shall be determined as
14provided in Section 14-4. However, a Board of Election
15Commissioners may appoint three judges of election to serve in
16lieu of the 5 judges of election otherwise required by this
17Section to serve in any emergency referendum, or in any
18odd-year regular election or in any special primary or special
19election called for the purpose of filling a vacancy in the
20office of representative in the United States Congress or to
21nominate candidates for such purpose.
22    If only 3 judges of election serve in each election
23precinct, no more than 2 persons of the same political party
24shall be judges of election in the same election precinct, and
25which political party is entitled to 2 judges of election and
26which political party is entitled to one judge of election

 

 

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1shall be determined as set forth in this Section for a county
2board of election commissioners' selection of 5 election judges
3in each precinct or in Section 14-4 for a municipal board of
4election commissioners' selection of election judges in each
5precinct, whichever is appropriate. In addition to such
6precinct judges, the board of election commissioners shall
7appoint special panels of 3 judges each, who shall possess the
8same qualifications and shall be appointed in the same manner
9and with the same division between political parties as is
10provided for other judges of election. The number of such
11panels of judges required shall be determined by regulation of
12the State Board of Elections, which shall base the required
13number of special panels on the number of registered voters in
14the jurisdiction or the number of vote by mail or early ballots
15voted at recent elections or any combination of such factors. A
16municipal board of election commissioners shall make the
17selections of persons qualified under Section 14-1 from
18certified lists furnished by the ward committeeperson of the
19respective ward, or the ward committeeperson in a municipality
20with more than 500,000 inhabitants, of the 2 leading political
21parties. Lists furnished by ward committeepersons under this
22Section shall be arranged according to precincts. The ward
23committeepersons shall, insofar as possible, list persons who
24reside within the precinct in which they are to serve as
25judges. However, he or she may, in his or her sole discretion,
26submit the names of persons who reside outside the precinct but

 

 

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1within the county embracing the precinct in which they are to
2serve. He or she must, however, submit the names of at least 2
3residents of the precinct for each precinct in which his party
4is to have 3 judges and must submit the name of at least one
5resident of the precinct for each precinct in which his party
6is to have 2 judges. The board of election commissioners shall
7no later than March 1 of each even-numbered year notify the
8ward committeepersons of their responsibility to furnish such
9lists, and each such ward committeeperson shall furnish the
10board of election commissioners with the list for his party on
11or before May 1 of each even-numbered year. The board of
12election commissioners shall acknowledge in writing to each
13county chairman the names of all persons submitted on such
14certified list and the total number of persons listed thereon.
15If no such list is furnished or if no names or an insufficient
16number of names are furnished for certain precincts, the board
17of election commissioners shall make or complete such list from
18the names contained in the supplemental list provided for in
19Section 14-3.2. Judges of election shall hold their office for
202 years from their appointment and until their successors are
21duly appointed in the manner herein provided. The board of
22election commissioners shall, subject to the provisions of
23Section 14-3.2, fill all vacancies in the office of judges of
24election at any time in the manner herein provided.
25    Such selections under this Section shall be confirmed by
26the court as provided in Section 14-5.
 

 

 

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1    (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)
2    Sec. 16-5.01. (a) The election authority shall, at least 46
3days prior to the date of any election at which federal
4officers are elected and 45 days prior to any other regular
5election, have a sufficient number of ballots printed so that
6such ballots will be available for mailing 45 days prior to the
7date of the election to persons who have filed application for
8a ballot under the provisions of Article 20 of this Act.
9    (b) If at any election at which federal offices are elected
10or nominated the election authority is unable to comply with
11the provisions of subsection (a), the election authority shall
12mail to each such person, in lieu of the ballot, a Special
13Write-in Vote by Mail Absentee Voter's Blank Ballot. The
14Special Write-in Vote by Mail Absentee Voter's Blank Ballot
15shall be used at all elections at which federal officers are
16elected or nominated and shall be prepared by the election
17authority in substantially the following form:
18
Special Write-in Vote by Mail Absentee Voter's Blank Ballot
19    (To vote for a person, write the title of the office and
20his or her name on the lines provided. Place to the left of and
21opposite the title of office a square and place a cross (X) in
22the square.)
23        Title of Office                 Name of Candidate
24(    )                                                       
25(    )                                                       

 

 

09800SB0172ham001- 113 -LRB098 04408 MGM 62623 a

1(    )                                                       
2(    )                                                       
3(    )                                                       
4(    )                                                       
5    The election authority shall send with the Special Write-in
6Vote by Mail Absentee Voter's Blank Ballot a list of all
7referenda for which the voter is qualified to vote and all
8candidates for whom nomination papers have been filed and for
9whom the voter is qualified to vote. The voter shall be
10entitled to write in the name of any candidate seeking election
11and any referenda for which he or she is entitled to vote.
12    On the back or outside of the ballot, so as to appear when
13folded, shall be printed the words "Official Ballot", the date
14of the election and a facsimile of the signature of the
15election authority who has caused the ballot to be printed.
16    The provisions of Article 20, insofar as they may be
17applicable to the Special Write-in Vote by Mail Absentee
18Voter's Blank Ballot, shall be applicable herein.
19    (c) Notwithstanding any provision of this Code or other law
20to the contrary, the governing body of a municipality may
21adopt, upon submission of a written statement by the
22municipality's election authority attesting to the
23administrative ability of the election authority to administer
24an election using a ranked ballot to the municipality's
25governing body, an ordinance requiring, and that
26municipality's election authority shall prepare, a ranked vote

 

 

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1by mail absentee ballot for municipal and township office
2candidates to be voted on in the consolidated election. This
3ranked ballot shall be for use only by a qualified voter who
4either is a member of the United States military or will be
5outside of the United States on the consolidated primary
6election day and the consolidated election day. The ranked
7ballot shall contain a list of the titles of all municipal and
8township offices potentially contested at both the
9consolidated primary election and the consolidated election
10and the candidates for each office and shall permit the elector
11to vote in the consolidated election by indicating his or her
12order of preference for each candidate for each office. To
13indicate his or her order of preference for each candidate for
14each office, the voter shall put the number one next to the
15name of the candidate who is the voter's first choice, the
16number 2 for his or her second choice, and so forth so that, in
17consecutive numerical order, a number indicating the voter's
18preference is written by the voter next to each candidate's
19name on the ranked ballot. The voter shall not be required to
20indicate his or her preference for more than one candidate on
21the ranked ballot. The voter may not cast a write-in vote using
22the ranked ballot for the consolidated election. The election
23authority shall, if using the ranked vote by mail absentee
24ballot authorized by this subsection, also prepare
25instructions for use of the ranked ballot. The ranked ballot
26for the consolidated election shall be mailed to the voter at

 

 

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1the same time that the ballot for the consolidated primary
2election is mailed to the voter and the election authority
3shall accept the completed ranked ballot for the consolidated
4election when the authority accepts the completed ballot for
5the consolidated primary election.
6    The voter shall also be sent a vote by mail an absentee
7ballot for the consolidated election for those races that are
8not related to the results of the consolidated primary election
9as soon as the consolidated election ballot is certified.
10    The State Board of Elections shall adopt rules for election
11authorities for the implementation of this subsection,
12including but not limited to the application for and counting
13of ranked ballots.
14(Source: P.A. 96-1004, eff. 1-1-11; 97-81, eff. 7-5-11.)
 
15    (10 ILCS 5/17-8)  (from Ch. 46, par. 17-8)
16    Sec. 17-8. The county clerk shall provide in each polling
17place, so designated or provided a sufficient number of booths,
18which shall be provided with such supplies and conveniences,
19including shelves, pens, penholders, ink, blotters and
20pencils, as will enable the voter to prepare his ballot for
21voting, and in which voters may prepare their ballots screened
22from all observation as to the manner in which they do so. They
23shall be within plain view of election officers, and both they
24and the ballot boxes shall be within plain view of those within
25the proximity of the voting booths. Each of said booths shall

 

 

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1have 3 sides enclosed, one side in front, to be closed with a
2curtain. Each side of each booth shall be 6 feet 4 inches and
3the curtain shall extend within 2 feet of the floor, which
4shall be closed while the voter is preparing his ballot. Each
5booth shall be at least 32 inches square and shall contain a
6shelf at least one foot wide, at a convenient height for
7writing. No person other than the election officers and the
8challengers allowed by law, and those admitted for the purpose
9of voting as herein provided, shall be permitted within the
10proximity of the voting booths, (i) except by authority of the
11election officers to keep order and enforce the law and (ii)
12except that one or more children under the age of 18 may
13accompany their parent or guardian into the voting booth as
14long as a request to do so is made to the election officers
15and, in the sole discretion of the election officers, the child
16or children are not likely to disrupt or interfere with the
17voting process or influence the casting of a vote. The number
18of such voting booths shall not be less than one to every 75
19voters or fraction thereof who voted at the last preceding
20election in the precinct. The expense of providing booths and
21other things required in this Act shall be paid in the same
22manner as other election expenses.
23    Where electronic voting systems are used, a booth with a
24self-contained electronic voting device may be used. Each such
25booth shall have 3 sides enclosed and shall be equipped with a
26curtain for closing the front of the booth. The curtain must

 

 

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1extend to within 2 feet of the floor. Each side shall be of
2such a height, in no event less than 5 feet, one inch, as to
3insure the secrecy of the voter. Each booth shall be at least
432 inches square, provided, however, that where a booth is no
5more than 23 inches wide and the sides of such booth extend
6from a point below the device to a height of 5 feet, one inch,
7at the front of the booth, and such booth insures that voters
8may prepare their ballots in secrecy, such booth may be used.
9If an election authority provides each polling place with
10stickers or emblems to be given to voters indicating that the
11person has voted, no person who has voted shall be denied such
12sticker or emblem.
13(Source: P.A. 94-288, eff. 1-1-06.)
 
14    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
15    Sec. 17-9. Any person desiring to vote shall give his name
16and, if required to do so, his residence to the judges of
17election, one of whom shall thereupon announce the same in a
18loud and distinct tone of voice, clear, and audible; the judges
19of elections shall check each application for ballot against
20the list of voters registered in that precinct to whom grace
21period, vote by mail absentee, or early ballots have been
22issued for that election, which shall be provided by the
23election authority and which list shall be available for
24inspection by pollwatchers. A voter applying to vote in the
25precinct on election day whose name appears on the list as

 

 

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1having been issued a grace period, vote by mail absentee, or
2early ballot shall not be permitted to vote in the precinct,
3except that a voter to whom a vote by mail an absentee ballot
4was issued may vote in the precinct if the voter submits to the
5election judges that vote by mail absentee ballot for
6cancellation. If the voter is unable to submit the vote by mail
7absentee ballot, it shall be sufficient for the voter to submit
8to the election judges (i) a portion of the vote by mail
9absentee ballot if the vote by mail absentee ballot was torn or
10mutilated or (ii) an affidavit executed before the election
11judges specifying that (A) the voter never received a vote by
12mail an absentee ballot or (B) the voter completed and returned
13a vote by mail an absentee ballot and was informed that the
14election authority did not receive that vote by mail absentee
15ballot. All applicable provisions of Articles 4, 5 or 6 shall
16be complied with and if such name is found on the register of
17voters by the officer having charge thereof, he shall likewise
18repeat said name, and the voter shall be allowed to enter
19within the proximity of the voting booths, as above provided.
20One of the judges shall give the voter one, and only one of
21each ballot to be voted at the election, on the back of which
22ballots such judge shall indorse his initials in such manner
23that they may be seen when each such ballot is properly folded,
24and the voter's name shall be immediately checked on the
25register list. In those election jurisdictions where
26perforated ballot cards are utilized of the type on which

 

 

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1write-in votes can be cast above the perforation, the election
2authority shall provide a space both above and below the
3perforation for the judge's initials, and the judge shall
4endorse his or her initials in both spaces. Whenever a proposal
5for a constitutional amendment or for the calling of a
6constitutional convention is to be voted upon at the election,
7the separate blue ballot or ballots pertaining thereto shall,
8when being handed to the voter, be placed on top of the other
9ballots to be voted at the election in such manner that the
10legend appearing on the back thereof, as prescribed in Section
1116-6 of this Act, shall be plainly visible to the voter. At all
12elections, when a registry may be required, if the name of any
13person so desiring to vote at such election is not found on the
14register of voters, he or she shall not receive a ballot until
15he or she shall have complied with the law prescribing the
16manner and conditions of voting by unregistered voters. If any
17person desiring to vote at any election shall be challenged, he
18or she shall not receive a ballot until he or she shall have
19established his right to vote in the manner provided
20hereinafter; and if he or she shall be challenged after he has
21received his ballot, he shall not be permitted to vote until he
22or she has fully complied with such requirements of the law
23upon being challenged. Besides the election officer, not more
24than 2 voters in excess of the whole number of voting booths
25provided shall be allowed within the proximity of the voting
26booths at one time. The provisions of this Act, so far as they

 

 

09800SB0172ham001- 120 -LRB098 04408 MGM 62623 a

1require the registration of voters as a condition to their
2being allowed to vote shall not apply to persons otherwise
3entitled to vote, who are, at the time of the election, or at
4any time within 60 days prior to such election have been
5engaged in the military or naval service of the United States,
6and who appear personally at the polling place on election day
7and produce to the judges of election satisfactory evidence
8thereof, but such persons, if otherwise qualified to vote,
9shall be permitted to vote at such election without previous
10registration.
11    All such persons shall also make an affidavit which shall
12be in substantially the following form:
13State of Illinois,)
14                  ) ss.
15County of ........)
16............... Precinct   .......... Ward
17    I, ...., do solemnly swear (or affirm) that I am a citizen
18of the United States, of the age of 18 years or over, and that
19within the past 60 days prior to the date of this election at
20which I am applying to vote, I have been engaged in the ....
21(military or naval) service of the United States; and I am
22qualified to vote under and by virtue of the Constitution and
23laws of the State of Illinois, and that I am a legally
24qualified voter of this precinct and ward except that I have,
25because of such service, been unable to register as a voter;
26that I now reside at .... (insert street and number, if any) in

 

 

09800SB0172ham001- 121 -LRB098 04408 MGM 62623 a

1this precinct and ward; that I have maintained a legal
2residence in this precinct and ward for 30 days and in this
3State 30 days next preceding this election.
4
.........................
5    Subscribed and sworn to before me on (insert date).
6
.........................
7
Judge of Election.

 
8    The affidavit of any such person shall be supported by the
9affidavit of a resident and qualified voter of any such
10precinct and ward, which affidavit shall be in substantially
11the following form:
12State of Illinois,)
13                  ) ss.
14County of ........)
15........... Precinct   ........... Ward
16    I, ...., do solemnly swear (or affirm), that I am a
17resident of this precinct and ward and entitled to vote at this
18election; that I am acquainted with .... (name of the
19applicant); that I verily believe him to be an actual bona fide
20resident of this precinct and ward and that I verily believe
21that he or she has maintained a legal residence therein 30 days
22and in this State 30 days next preceding this election.
23
.........................
24    Subscribed and sworn to before me on (insert date).
25
.........................

 

 

09800SB0172ham001- 122 -LRB098 04408 MGM 62623 a

1
Judge of Election.

 
2    All affidavits made under the provisions of this Section
3shall be enclosed in a separate envelope securely sealed, and
4shall be transmitted with the returns of the elections to the
5county clerk or to the board of election commissioners, who
6shall preserve the said affidavits for the period of 6 months,
7during which period such affidavits shall be deemed public
8records and shall be freely open to examination as such.
9(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
10    (10 ILCS 5/17-18.1)  (from Ch. 46, par. 17-18.1)
11    Sec. 17-18.1. Wherever the judicial retention ballot to be
12used in any general election contains the names of more than 15
13judges on a separate paper ballot, the County Clerk or Board of
14Election Commissioners as the case may be, shall designate
15special judges of election for the purpose of tallying and
16canvassing the votes cast for and against the propositions for
17the retention of judges in office in such places and at such
18times as the County Clerk or Board of Election Commissioners
19determine. Special judges of election shall be designated from
20certified lists submitted by the respective chairmen of the
21county central committees of the two leading political parties.
22In the event that the County Clerk or Board of Election
23Commissioners as the case may be, decides that the counting of
24the retention ballots shall be performed in the precinct where

 

 

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1such ballots are cast, 2 special judges of election shall be
2designated to tally and canvass the vote of each precinct with
3one being named from each of the 2 leading political parties.
4    In the event that the County Clerk or Board of Election
5Commissioners decides that the judicial retention ballots from
6several precincts shall be tallied and canvassed in a central
7or common location, then each major political party shall be
8entitled to an equal number of special election judges in each
9such central or common location. The County Clerk or Board of
10Election Commissioners, as the case may be, shall inform, no
11later than 75 days prior to such election, the respective
12chairmen of the county central committees of the location or
13locations where the counting of retention ballots will be done,
14the number of names to be included on the certified lists, and
15the number of special election judges to be selected from those
16lists. If the certified list for either party is not submitted
17within thirty days after the chairmen have been so informed,
18the County Clerk or Board of Election Commissioners shall
19designate special judges of election for that party in whatever
20manner it determines.
21    The County Clerk or Board of Election Commissioners shall
22apply to the Circuit Court for the confirmation of the special
23judges of election designated under this Section. The court
24shall confirm or refuse to confirm such designations as the
25interest of the public may require. Those confirmed shall be
26officers of the court and subject to its disciplinary powers.

 

 

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1    The County Clerk or Board of Election Commissioners shall,
2in the exercise of sound discretion, prescribe the forms,
3materials and supplies together with the procedures for
4completion and return thereof for use in such election by
5special judges of election. The special judges of election
6designated under this Section shall have full responsibility
7and authority for tallying and canvassing the votes pertaining
8to the retention of judges and the return of ballots and
9supplies.
10    If the County Clerk or Board of Election Commissioners
11decides that the counting of the retention ballots shall be
12performed in the precinct where such ballots were cast, at
13least 2 ballot boxes shall be provided for paper retention
14ballots, one of which shall be used from the opening of the
15polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and
16the second of which shall be used from 9:00 a.m. until 12:00
17noon and from 3:00 p.m. until the closing of the polls;
18provided that if additional ballot boxes are provided, the
19additional boxes shall be used instead of reusing boxes used
20earlier. At the close of each such period of use, a ballot box
21used for retention ballots shall be immediately unsealed and
22opened and the ballots therein counted and tallied by the
23special judges of election. After counting and tallying the
24retention ballots, the special judges of election shall place
25the counted ballots in a container provided for that purpose by
26the County Clerk or Board of Election Commissioners and clearly

 

 

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1marked with the appropriate printing and shall thereupon seal
2such container. One such container shall be provided for each
3of the four time periods and clearly designated as the
4container for the respective period. The tally shall be
5recorded on sheets provided by the County Clerk or Board of
6Election Commissioners and designated as tally sheets for the
7respective time periods. Before a ballot box may be reused, it
8shall in the presence of all of the judges of election be
9verified to be empty, whereupon it shall be resealed. After the
10close of the polls, and after the tally of votes cast by vote
11by mail and early absentee voters, the special judges of
12election shall add together the tallies of all the ballot boxes
13used throughout the day, and complete the canvass of votes for
14retention of judges in the manner established by this Act. All
15of these procedures shall be carried out within the clear view
16of the other judges of election. The sealed containers of used
17retention ballots shall be returned with other voted ballots to
18the County Clerk or Board of Election Commissioners in the
19manner provided by this Act.
20    The compensation of a special judge of election may not
21exceed $30 per judge per precinct or district canvassed.
22    This Section does not affect any other office or the
23conduct of any other election held at the same time as the
24election for the retention of judges in office.
25(Source: P.A. 81-850; 81-1149.)
 

 

 

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1    (10 ILCS 5/17-19.2)  (from Ch. 46, par. 17-19.2)
2    Sec. 17-19.2. Where a vacancy in nomination is filled
3pursuant to Section 7-61 or Section 10-11, the vote by mail and
4early absentee votes cast for the original candidate on the
5first ballot shall not be counted. For this purpose, in those
6jurisdictions where electronic voting systems are used, the
7election authority shall determine a method by which the first
8ballots containing the name of the original candidate may be
9segregated from the revised ballots containing the name of the
10successor candidate and separately counted.
11    Where a vacancy in nomination is not filled pursuant to
12Section 7-61 or Section 10-11, all votes cast for the original
13candidate shall be counted for such candidate.
14(Source: P.A. 84-861.)
 
15    (10 ILCS 5/17-21)  (from Ch. 46, par. 17-21)
16    Sec. 17-21. When the votes shall have been examined and
17counted, the judges shall set down on a sheet or return form to
18be supplied to them, the name of every person voted for,
19written or printed at full length, the office for which such
20person received such votes, and the number he did receive and
21such additional information as is necessary to complete, as
22nearly as circumstances will admit, the following form, to-wit:
23
TALLY SHEET AND CERTIFICATE OF
24
RESULTS
25    We do hereby certify that at the .... election held in the

 

 

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1precinct hereinafter (general or special) specified on (insert
2date), a total of .... voters requested and received ballots
3and we do further certify:
4    Number of blank ballots delivered to us ....
5    Number of vote by mail absentee ballots delivered to us
6....
7    Total number of ballots delivered to us ....
8    Number of blank and spoiled ballots returned.
9    (1) Total number of ballots cast (in box)....
10    .... Defective and Objected To ballots sealed in envelope
11    (2) .... Total number of ballots cast (in box)
12
Line (2) equals line (1)
13    We further certify that each of the candidates for
14representative in the General Assembly received the number of
15votes ascribed to him on the separate tally sheet.
16    We further certify that each candidate received the number
17of votes set forth opposite his name or in the box containing
18his name on the tally sheet contained in the page or pages
19immediately following our signatures.
20    The undersigned actually served as judges and counted the
21ballots at the election on the .... day of .... in the ....
22precinct of the (1) *township of ...., or (2) *City of ...., or
23(3) *.... ward in the city of .... and the polls were opened at
246:00 A.M. and closed at 7:00 P.M. Certified by us.
25
*Fill in either (1), (2) or (3)
26        A B, ....(Address)

 

 

09800SB0172ham001- 128 -LRB098 04408 MGM 62623 a

1        C D, ....(Address)
2        E F, ....(Address)
3        G H, ....(Address)
4        I J, ....(Address)
 
5    Each tally sheet shall be in substantially one of the
6following forms:
7-------------------------------------------------------------
8Candidate's
9Name ofCandidatesTotal
10officeNamesVote5101520
11---
12UnitedJohn Smith7711
13States
14Senator
15---
16---
17Names of candidates
18Name ofand total vote
19officefor each5101520
20---
21For UnitedJohn Smith
22States
23Senator
24Total Vote..................
25---

 

 

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1(Source: P.A. 98-463, eff. 8-16-13.)
 
2    (10 ILCS 5/17-23)  (from Ch. 46, par. 17-23)
3    Sec. 17-23. Pollwatchers in a general election shall be
4authorized in the following manner:
5    (1) Each established political party shall be entitled to
6appoint two pollwatchers per precinct. Such pollwatchers must
7be affiliated with the political party for which they are
8pollwatching. For all elections, the pollwatchers must be
9registered to vote in Illinois.
10    (2) Each candidate shall be entitled to appoint two
11pollwatchers per precinct. For all elections, the pollwatchers
12must be registered to vote in Illinois.
13    (3) Each organization of citizens within the county or
14political subdivision, which has among its purposes or
15interests the investigation or prosecution of election frauds,
16and which shall have registered its name and address and the
17name and addresses of its principal officers with the proper
18election authority at least 40 days before the election, shall
19be entitled to appoint one pollwatcher per precinct. For all
20elections, the pollwatcher must be registered to vote in
21Illinois.
22    (3.5) Each State nonpartisan civic organization within the
23county or political subdivision shall be entitled to appoint
24one pollwatcher per precinct, provided that no more than 2
25pollwatchers appointed by State nonpartisan civic

 

 

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1organizations shall be present in a precinct polling place at
2the same time. Each organization shall have registered the
3names and addresses of its principal officers with the proper
4election authority at least 40 days before the election. The
5pollwatchers must be registered to vote in Illinois. For the
6purpose of this paragraph, a "State nonpartisan civic
7organization" means any corporation, unincorporated
8association, or organization that:
9        (i) as part of its written articles of incorporation,
10    bylaws, or charter or by separate written declaration, has
11    among its stated purposes the provision of voter
12    information and education, the protection of individual
13    voters' rights, and the promotion of free and equal
14    elections;
15        (ii) is organized or primarily conducts its activities
16    within the State of Illinois; and
17        (iii) continuously maintains an office or business
18    location within the State of Illinois, together with a
19    current listed telephone number (a post office box number
20    without a current listed telephone number is not
21    sufficient).
22    (4) In any general election held to elect candidates for
23the offices of a municipality of less than 3,000,000 population
24that is situated in 2 or more counties, a pollwatcher who is a
25resident of Illinois shall be eligible to serve as a
26pollwatcher in any poll located within such municipality,

 

 

09800SB0172ham001- 131 -LRB098 04408 MGM 62623 a

1provided that such pollwatcher otherwise complies with the
2respective requirements of subsections (1) through (3) of this
3Section and is a registered voter in Illinois.
4    (5) Each organized group of proponents or opponents of a
5ballot proposition, which shall have registered the name and
6address of its organization or committee and the name and
7address of its chairman with the proper election authority at
8least 40 days before the election, shall be entitled to appoint
9one pollwatcher per precinct. The pollwatcher must be
10registered to vote in Illinois.
11    All pollwatchers shall be required to have proper
12credentials. Such credentials shall be printed in sufficient
13quantities, shall be issued by and under the facsimile
14signature(s) of the election authority or the State Board of
15Elections and shall be available for distribution by the
16election authority and State Board of Elections at least 2
17weeks prior to the election. Such credentials shall be
18authorized by the real or facsimile signature of the State or
19local party official or the candidate or the presiding officer
20of the civic organization or the chairman of the proponent or
21opponent group, as the case may be. Neither the election
22authority nor the State Board of Elections may require any such
23party official or the candidate or the presiding officer of the
24civic organization or the chairman of the proponent or opponent
25group to submit the names or other information concerning
26pollwatchers before making credentials available to such

 

 

09800SB0172ham001- 132 -LRB098 04408 MGM 62623 a

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

 

 

09800SB0172ham001- 133 -LRB098 04408 MGM 62623 a

1registered to vote in Illinois.
2..........................            .......................
3(Precinct and/or Ward in           (Signature of Pollwatcher)
4Which Pollwatcher Resides)
 
5    Pollwatchers must present their credentials to the Judges
6of Election upon entering the polling place. Pollwatcher
7credentials properly executed and signed shall be proof of the
8qualifications of the pollwatcher authorized thereby. Such
9credentials are retained by the Judges and returned to the
10Election Authority at the end of the day of election with the
11other election materials. Once a pollwatcher has surrendered a
12valid credential, he may leave and reenter the polling place
13provided that such continuing action does not disrupt the
14conduct of the election. Pollwatchers may be substituted during
15the course of the day, but established political parties,
16candidates and qualified civic organizations can have only as
17many pollwatchers at any given time as are authorized in this
18Article. A substitute must present his signed credential to the
19judges of election upon entering the polling place. Election
20authorities must provide a sufficient number of credentials to
21allow for substitution of pollwatchers. After the polls have
22closed pollwatchers shall be allowed to remain until the
23canvass of votes is completed; but may leave and reenter only
24in cases of necessity, provided that such action is not so
25continuous as to disrupt the canvass of votes.

 

 

09800SB0172ham001- 134 -LRB098 04408 MGM 62623 a

1    Candidates seeking office in a district or municipality
2encompassing 2 or more counties shall be admitted to any and
3all polling places throughout such district or municipality
4without regard to the counties in which such candidates are
5registered to vote. Actions of such candidates shall be
6governed in each polling place by the same privileges and
7limitations that apply to pollwatchers as provided in this
8Section. Any such candidate who engages in an activity in a
9polling place which could reasonably be construed by a majority
10of the judges of election as campaign activity shall be removed
11forthwith from such polling place.
12    Candidates seeking office in a district or municipality
13encompassing 2 or more counties who desire to be admitted to
14polling places on election day in such district or municipality
15shall be required to have proper credentials. Such credentials
16shall be printed in sufficient quantities, shall be issued by
17and under the facsimile signature of the State Board of
18Elections or the election authority of the election
19jurisdiction where the polling place in which the candidate
20seeks admittance is located, and shall be available for
21distribution at least 2 weeks prior to the election. Such
22credentials shall be signed by the candidate.
23    Candidate credentials shall be in substantially the
24following form:
 
25
CANDIDATE CREDENTIALS

 

 

09800SB0172ham001- 135 -LRB098 04408 MGM 62623 a

1    TO THE JUDGES OF ELECTION:
2    In accordance with the provisions of the Election Code, I
3...... (name of candidate) hereby certify that I am a candidate
4for ....... (name of office) and seek admittance to .......
5precinct of the ....... ward (if applicable) of the .......
6(township or municipality) of ....... at the ....... election
7to be held on (insert date).
8.........................             .......................
9(Signature of Candidate)              OFFICE FOR WHICH
10                                      CANDIDATE SEEKS
11                                      NOMINATION OR
12                                      ELECTION
 
13    Pollwatchers shall be permitted to observe all proceedings
14and view all reasonably requested records relating to the
15conduct of the election, provided the secrecy of the ballot is
16not impinged, and to station themselves in a position in the
17voting room as will enable them to observe the judges making
18the signature comparison between the voter application and the
19voter registration record card; provided, however, that such
20pollwatchers shall not be permitted to station themselves in
21such close proximity to the judges of election so as to
22interfere with the orderly conduct of the election and shall
23not, in any event, be permitted to handle election materials.
24Pollwatchers may challenge for cause the voting qualifications
25of a person offering to vote and may call to the attention of

 

 

09800SB0172ham001- 136 -LRB098 04408 MGM 62623 a

1the judges of election any incorrect procedure or apparent
2violations of this Code.
3    If a majority of the judges of election determine that the
4polling place has become too overcrowded with pollwatchers so
5as to interfere with the orderly conduct of the election, the
6judges shall, by lot, limit such pollwatchers to a reasonable
7number, except that each established or new political party
8shall be permitted to have at least one pollwatcher present.
9    Representatives of an election authority, with regard to an
10election under its jurisdiction, the State Board of Elections,
11and law enforcement agencies, including but not limited to a
12United States Attorney, a State's attorney, the Attorney
13General, and a State, county, or local police department, in
14the performance of their official election duties, shall be
15permitted at all times to enter and remain in the polling
16place. Upon entering the polling place, such representatives
17shall display their official credentials or other
18identification to the judges of election.
19    Uniformed police officers assigned to polling place duty
20shall follow all lawful instructions of the judges of election.
21    The provisions of this Section shall also apply to
22supervised casting of vote by mail absentee ballots as provided
23in Section 19-12.2 of this Act.
24(Source: P.A. 98-115, eff. 7-29-13.)
 
25    (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)

 

 

09800SB0172ham001- 137 -LRB098 04408 MGM 62623 a

1    Sec. 17-29. (a) No judge of election, pollwatcher, or other
2person shall, at any primary or election, do any electioneering
3or soliciting of votes or engage in any political discussion
4within any polling place, within 100 feet of any polling place,
5or, at the option of a church or private school, on any of the
6property of that church or private school that is a polling
7place; no person shall interrupt, hinder or oppose any voter
8while approaching within those areas for the purpose of voting.
9Judges of election shall enforce the provisions of this
10Section.
11    (b) Election officers shall place 2 or more cones, small
12United States national flags, or some other marker a distance
13of 100 horizontal feet from each entrance to the room used by
14voters to engage in voting, which shall be known as the polling
15room. If the polling room is located within a building that is
16a private business, a public or private school, or a church or
17other organization founded for the purpose of religious worship
18and the distance of 100 horizontal feet ends within the
19interior of the building, then the markers shall be placed
20outside of the building at each entrance used by voters to
21enter that building on the grounds adjacent to the thoroughfare
22or walkway. If the polling room is located within a public or
23private building with 2 or more floors and the polling room is
24located on the ground floor, then the markers shall be placed
25100 horizontal feet from each entrance to the polling room used
26by voters to engage in voting. If the polling room is located

 

 

09800SB0172ham001- 138 -LRB098 04408 MGM 62623 a

1in a public or private building with 2 or more floors and the
2polling room is located on a floor above or below the ground
3floor, then the markers shall be placed a distance of 100 feet
4from the nearest elevator or staircase used by voters on the
5ground floor to access the floor where the polling room is
6located. The area within where the markers are placed shall be
7known as a campaign free zone, and electioneering is prohibited
8pursuant to this subsection. Notwithstanding any other
9provision of this Section, a church or private school may
10choose to apply the campaign free zone to its entire property,
11and, if so, the markers shall be placed near the boundaries on
12the grounds adjacent to the thoroughfares or walkways leading
13to the entrances used by the voters. If an election authority
14maintains a website, 72 hours before the polls open on election
15day, the election authority shall post the names and addresses
16of each church or private school that has chosen to apply a
17campaign free zone to its entire property. If an election
18authority does not maintain a website, it shall make the same
19information available by request 72 hours before the polls open
20on election day.
21    The area on polling place property beyond the campaign free
22zone, whether publicly or privately owned, is a public forum
23for the time that the polls are open on an election day. At the
24request of election officers any publicly owned building must
25be made available for use as a polling place. A person shall
26have the right to congregate and engage in electioneering on

 

 

09800SB0172ham001- 139 -LRB098 04408 MGM 62623 a

1any polling place property while the polls are open beyond the
2campaign free zone, including but not limited to, the placement
3of temporary signs. This subsection shall be construed
4liberally in favor of persons engaging in electioneering on all
5polling place property beyond the campaign free zone for the
6time that the polls are open on an election day. At or near the
7door of each polling place, the election judges shall place
8signage indicating the proper entrance to the polling place. In
9addition, the election judges shall ensure that a sign
10identifying the location of the polling place is placed on a
11nearby public roadway. The State Board of Elections shall
12establish guidelines for the placement of polling place
13signage.
14    (c) The regulation of electioneering on polling place
15property on an election day, including but not limited to the
16placement of temporary signs, is an exclusive power and
17function of the State. A home rule unit may not regulate
18electioneering and any ordinance or local law contrary to
19subsection (c) is declared void. This is a denial and
20limitation of home rule powers and functions under subsection
21(h) of Section 6 of Article VII of the Illinois Constitution.
22(Source: P.A. 95-699, eff. 11-9-07.)
 
23    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
24    Sec. 18-5. Any person desiring to vote and whose name is
25found upon the register of voters by the person having charge

 

 

09800SB0172ham001- 140 -LRB098 04408 MGM 62623 a

1thereof, shall then be questioned by one of the judges as to
2his nativity, his term of residence at present address,
3precinct, State and United States, his age, whether naturalized
4and if so the date of naturalization papers and court from
5which secured, and he shall be asked to state his residence
6when last previously registered and the date of the election
7for which he then registered. The judges of elections shall
8check each application for ballot against the list of voters
9registered in that precinct to whom grace period, vote by mail
10absentee, and early ballots have been issued for that election,
11which shall be provided by the election authority and which
12list shall be available for inspection by pollwatchers. A voter
13applying to vote in the precinct on election day whose name
14appears on the list as having been issued a grace period, vote
15by mail absentee, or early ballot shall not be permitted to
16vote in the precinct, except that a voter to whom a vote by
17mail an absentee ballot was issued may vote in the precinct if
18the voter submits to the election judges that vote by mail
19absentee ballot for cancellation. If the voter is unable to
20submit the vote by mail absentee ballot, it shall be sufficient
21for the voter to submit to the election judges (i) a portion of
22the vote by mail absentee ballot if the vote by mail absentee
23ballot was torn or mutilated or (ii) an affidavit executed
24before the election judges specifying that (A) the voter never
25received a vote by mail an absentee ballot or (B) the voter
26completed and returned a vote by mail an absentee ballot and

 

 

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1was informed that the election authority did not receive that
2vote by mail absentee ballot. If such person so registered
3shall be challenged as disqualified, the party challenging
4shall assign his reasons therefor, and thereupon one of the
5judges shall administer to him an oath to answer questions, and
6if he shall take the oath he shall then be questioned by the
7judge or judges touching such cause of challenge, and touching
8any other cause of disqualification. And he may also be
9questioned by the person challenging him in regard to his
10qualifications and identity. But if a majority of the judges
11are of the opinion that he is the person so registered and a
12qualified voter, his vote shall then be received accordingly.
13But if his vote be rejected by such judges, such person may
14afterward produce and deliver an affidavit to such judges,
15subscribed and sworn to by him before one of the judges, in
16which it shall be stated how long he has resided in such
17precinct, and state; that he is a citizen of the United States,
18and is a duly qualified voter in such precinct, and that he is
19the identical person so registered. In addition to such an
20affidavit, the person so challenged shall provide to the judges
21of election proof of residence by producing 2 forms of
22identification showing the person's current residence address,
23provided that such identification may include a lease or
24contract for a residence and not more than one piece of mail
25addressed to the person at his current residence address and
26postmarked not earlier than 30 days prior to the date of the

 

 

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1election, or the person shall procure a witness personally
2known to the judges of election, and resident in the precinct
3(or district), or who shall be proved by some legal voter of
4such precinct or district, known to the judges to be such, who
5shall take the oath following, viz:
6    I do solemnly swear (or affirm) that I am a resident of
7this election precinct (or district), and entitled to vote at
8this election, and that I have been a resident of this State
9for 30 days last past, and am well acquainted with the person
10whose vote is now offered; that he is an actual and bona fide
11resident of this election precinct (or district), and has
12resided herein 30 days, and as I verily believe, in this State,
1330 days next preceding this election.
14    The oath in each case may be administered by one of the
15judges of election, or by any officer, resident in the precinct
16or district, authorized by law to administer oaths. Also
17supported by an affidavit by a registered voter residing in
18such precinct, stating his own residence, and that he knows
19such person; and that he does reside at the place mentioned and
20has resided in such precinct and state for the length of time
21as stated by such person, which shall be subscribed and sworn
22to in the same way. For purposes of this Section, the
23submission of a photo identification issued by a college or
24university, accompanied by either (i) a copy of the applicant's
25contract or lease for a residence or (ii) one piece of mail
26addressed to the person at his or her current residence address

 

 

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1and postmarked not earlier than 30 days prior to the date of
2the election, shall be sufficient to establish proof of
3residence. Whereupon the vote of such person shall be received,
4and entered as other votes. But such judges, having charge of
5such registers, shall state in their respective books the facts
6in such case, and the affidavits, so delivered to the judges,
7shall be preserved and returned to the office of the
8commissioners of election. Blank affidavits of the character
9aforesaid shall be sent out to the judges of all the precincts,
10and the judges of election shall furnish the same on demand and
11administer the oaths without criticism. Such oaths, if
12administered by any other officer than such judge of election,
13shall not be received. Whenever a proposal for a constitutional
14amendment or for the calling of a constitutional convention is
15to be voted upon at the election, the separate blue ballot or
16ballots pertaining thereto shall be placed on top of the other
17ballots to be voted at the election in such manner that the
18legend appearing on the back thereof, as prescribed in Section
1916-6 of this Act, shall be plainly visible to the voter, and in
20this fashion the ballots shall be handed to the voter by the
21judge.
22    Immediately after voting, the voter shall be instructed
23whether the voting equipment, if used, accepted or rejected the
24ballot or identified the ballot as under-voted. A voter whose
25ballot is identified as under-voted for a statewide
26constitutional office may return to the voting booth and

 

 

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1complete the voting of that ballot. A voter whose ballot is not
2accepted by the voting equipment may, upon surrendering the
3ballot, request and vote another ballot. The voter's
4surrendered ballot shall be initialed by the election judge and
5handled as provided in the appropriate Article governing that
6voting equipment.
7    The voter shall, upon quitting the voting booth, deliver to
8one of the judges of election all of the ballots, properly
9folded, which he received. The judge of election to whom the
10voter delivers his ballots shall not accept the same unless all
11of the ballots given to the voter are returned by him. If a
12voter delivers less than all of the ballots given to him, the
13judge to whom the same are offered shall advise him in a voice
14clearly audible to the other judges of election that the voter
15must return the remainder of the ballots. The statement of the
16judge to the voter shall clearly express the fact that the
17voter is not required to vote such remaining ballots but that
18whether or not he votes them he must fold and deliver them to
19the judge. In making such statement the judge of election shall
20not indicate by word, gesture or intonation of voice that the
21unreturned ballots shall be voted in any particular manner. No
22new voter shall be permitted to enter the voting booth of a
23voter who has failed to deliver the total number of ballots
24received by him until such voter has returned to the voting
25booth pursuant to the judge's request and again quit the booth
26with all of the ballots required to be returned by him. Upon

 

 

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1receipt of all such ballots the judges of election shall enter
2the name of the voter, and his number, as above provided in
3this Section, and the judge to whom the ballots are delivered
4shall immediately put the ballots into the ballot box. If any
5voter who has failed to deliver all the ballots received by him
6refuses to return to the voting booth after being advised by
7the judge of election as herein provided, the judge shall
8inform the other judges of such refusal, and thereupon the
9ballot or ballots returned to the judge shall be deposited in
10the ballot box, the voter shall be permitted to depart from the
11polling place, and a new voter shall be permitted to enter the
12voting booth.
13    The judge of election who receives the ballot or ballots
14from the voter shall announce the residence and name of such
15voter in a loud voice. The judge shall put the ballot or
16ballots received from the voter into the ballot box in the
17presence of the voter and the judges of election, and in plain
18view of the public. The judges having charge of such registers
19shall then, in a column prepared thereon, in the same line of,
20the name of the voter, mark "Voted" or the letter "V".
21    No judge of election shall accept from any voter less than
22the full number of ballots received by such voter without first
23advising the voter in the manner above provided of the
24necessity of returning all of the ballots, nor shall any such
25judge advise such voter in a manner contrary to that which is
26herein permitted, or in any other manner violate the provisions

 

 

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1of this Section; provided, that the acceptance by a judge of
2election of less than the full number of ballots delivered to a
3voter who refuses to return to the voting booth after being
4properly advised by such judge shall not be a violation of this
5Section.
6(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
7    (10 ILCS 5/18-9.2)  (from Ch. 46, par. 18-9.2)
8    Sec. 18-9.2. Where a vacancy in nomination is filled
9pursuant to Section 7-61 or Section 10-11, the vote by mail and
10early absentee votes cast for the original candidate on the
11first ballot shall not be counted. For this purpose, in those
12jurisdictions where electronic voting systems are used, the
13election authority shall determine a method by which the first
14ballots containing the name of the original candidate may be
15segregated from the revised ballots containing the name of the
16successor candidate and separately counted.
17    Where a vacancy in nomination is not filled pursuant to
18Section 7-61 or Section 10-11, all votes cast for the original
19candidate shall be counted for such candidate.
20(Source: P.A. 84-861.)
 
21    (10 ILCS 5/18A-5)
22    Sec. 18A-5. Provisional voting; general provisions.
23    (a) A person who claims to be a registered voter is
24entitled to cast a provisional ballot under the following

 

 

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1circumstances:
2        (1) The person's name does not appear on the official
3    list of eligible voters for the precinct in which the
4    person seeks to vote. The official list is the centralized
5    statewide voter registration list established and
6    maintained in accordance with Section 1A-25;
7        (2) The person's voting status has been challenged by
8    an election judge, a pollwatcher, or any legal voter and
9    that challenge has been sustained by a majority of the
10    election judges;
11        (3) A federal or State court order extends the time for
12    closing the polls beyond the time period established by
13    State law and the person votes during the extended time
14    period;
15        (4) The voter registered to vote by mail and is
16    required by law to present identification when voting
17    either in person or by early voting absentee ballot, but
18    fails to do so;
19        (5) The voter's name appears on the list of voters who
20    voted during the early voting period, but the voter claims
21    not to have voted during the early voting period; or
22        (6) The voter received a vote by mail an absentee
23    ballot but did not return the vote by mail absentee ballot
24    to the election authority; or
25        (7) The voter attempted to register to vote on election
26    day, but failed to provide the necessary documentation

 

 

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1    registered to vote during the grace period on the day
2    before election day or on election day during the 2014
3    general election.
4    (b) The procedure for obtaining and casting a provisional
5ballot at the polling place shall be as follows:
6        (1) After first verifying through an examination of the
7    precinct register that the person's address is within the
8    precinct boundaries, an election judge at the polling place
9    shall notify a person who is entitled to cast a provisional
10    ballot pursuant to subsection (a) that he or she may cast a
11    provisional ballot in that election. An election judge must
12    accept any information provided by a person who casts a
13    provisional ballot that the person believes supports his or
14    her claim that he or she is a duly registered voter and
15    qualified to vote in the election. However, if the person's
16    residence address is outside the precinct boundaries, the
17    election judge shall inform the person of that fact, give
18    the person the appropriate telephone number of the election
19    authority in order to locate the polling place assigned to
20    serve that address, and instruct the person to go to the
21    proper polling place to vote.
22        (2) The person shall execute a written form provided by
23    the election judge that shall state or contain all of the
24    following that is available:
25             (i) an affidavit stating the following:
26                State of Illinois, County of ................,

 

 

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1            Township ............., Precinct ........, Ward
2            ........, I, ......................., do solemnly
3            swear (or affirm) that: I am a citizen of the
4            United States; I am 18 years of age or older; I
5            have resided in this State and in this precinct for
6            30 days preceding this election; I have not voted
7            in this election; I am a duly registered voter in
8            every respect; and I am eligible to vote in this
9            election. Signature ...... Printed Name of Voter
10            ....... Printed Residence Address of Voter ......
11            City ...... State .... Zip Code ..... Telephone
12            Number ...... Date of Birth ....... and Illinois
13            Driver's License Number ....... or Last 4 digits of
14            Social Security Number ...... or State
15            Identification Card Number issued to you by the
16            Illinois Secretary of State........
17            (ii) A box for the election judge to check one of
18        the 6 reasons why the person was given a provisional
19        ballot under subsection (a) of Section 18A-5.
20            (iii) An area for the election judge to affix his
21        or her signature and to set forth any facts that
22        support or oppose the allegation that the person is not
23        qualified to vote in the precinct in which the person
24        is seeking to vote.
25        The written affidavit form described in this
26    subsection (b)(2) must be printed on a multi-part form

 

 

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1    prescribed by the county clerk or board of election
2    commissioners, as the case may be.
3        (3) After the person executes the portion of the
4    written affidavit described in subsection (b)(2)(i) of
5    this Section, the election judge shall complete the portion
6    of the written affidavit described in subsection
7    (b)(2)(iii) and (b)(2)(iv).
8        (4) The election judge shall give a copy of the
9    completed written affidavit to the person. The election
10    judge shall place the original written affidavit in a
11    self-adhesive clear plastic packing list envelope that
12    must be attached to a separate envelope marked as a
13    "provisional ballot envelope". The election judge shall
14    also place any information provided by the person who casts
15    a provisional ballot in the clear plastic packing list
16    envelope. Each county clerk or board of election
17    commissioners, as the case may be, must design, obtain or
18    procure self-adhesive clear plastic packing list envelopes
19    and provisional ballot envelopes that are suitable for
20    implementing this subsection (b)(4) of this Section.
21        (5) The election judge shall provide the person with a
22    provisional ballot, written instructions for casting a
23    provisional ballot, and the provisional ballot envelope
24    with the clear plastic packing list envelope affixed to it,
25    which contains the person's original written affidavit
26    and, if any, information provided by the provisional voter

 

 

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1    to support his or her claim that he or she is a duly
2    registered voter. An election judge must also give the
3    person written information that states that any person who
4    casts a provisional ballot shall be able to ascertain,
5    pursuant to guidelines established by the State Board of
6    Elections, whether the provisional vote was counted in the
7    official canvass of votes for that election and, if the
8    provisional vote was not counted, the reason that the vote
9    was not counted.
10        (6) After the person has completed marking his or her
11    provisional ballot, he or she shall place the marked ballot
12    inside of the provisional ballot envelope, close and seal
13    the envelope, and return the envelope to an election judge,
14    who shall then deposit the sealed provisional ballot
15    envelope into a securable container separately identified
16    and utilized for containing sealed provisional ballot
17    envelopes. Ballots that are provisional because they are
18    cast after 7:00 p.m. by court order shall be kept separate
19    from other provisional ballots. Upon the closing of the
20    polls, the securable container shall be sealed with
21    filament tape provided for that purpose, which shall be
22    wrapped around the box lengthwise and crosswise, at least
23    twice each way, and each of the election judges shall sign
24    the seal.
25    (c) Instead of the affidavit form described in subsection
26(b), the county clerk or board of election commissioners, as

 

 

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1the case may be, may design and use a multi-part affidavit form
2that is imprinted upon or attached to the provisional ballot
3envelope described in subsection (b). If a county clerk or
4board of election commissioners elects to design and use its
5own multi-part affidavit form, then the county clerk or board
6of election commissioners shall establish a mechanism for
7accepting any information the provisional voter has supplied to
8the election judge to support his or her claim that he or she
9is a duly registered voter. In all other respects, a county
10clerk or board of election commissioners shall establish
11procedures consistent with subsection (b).
12    (d) The county clerk or board of election commissioners, as
13the case may be, shall use the completed affidavit form
14described in subsection (b) to update the person's voter
15registration information in the State voter registration
16database and voter registration database of the county clerk or
17board of election commissioners, as the case may be. If a
18person is later determined not to be a registered voter based
19on Section 18A-15 of this Code, then the affidavit shall be
20processed by the county clerk or board of election
21commissioners, as the case may be, as a voter registration
22application.
23(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14.)
 
24    (10 ILCS 5/18A-15)
25    Sec. 18A-15. Validating and counting provisional ballots.

 

 

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

 

 

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

 

 

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

 

 

09800SB0172ham001- 156 -LRB098 04408 MGM 62623 a

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

 

 

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1the election authority may not reject the provisional ballot.
2    (d) In validating the registration status of a person
3casting a provisional ballot, the county clerk or board of
4election commissioners shall not require a provisional voter to
5complete any form other than the affidavit executed by the
6provisional voter under subsection (b)(2) of Section 18A-5. In
7addition, the county clerk or board of election commissioners
8shall not require all provisional voters or any particular
9class or group of provisional voters to appear personally
10before the county clerk or board of election commissioners or
11as a matter of policy require provisional voters to submit
12additional information to verify or otherwise support the
13information already submitted by the provisional voter. Within
142 calendar days after the election, the election authority
15shall transmit by electronic means pursuant to a process
16established by the State Board of Elections the name, street
17address, e-mail address, and precinct, ward, township, and
18district numbers, as the case may be, of each person casting a
19provisional ballot to the State Board of Elections, which shall
20maintain those names and that information in an electronic
21format on its website, arranged by county and accessible to
22State and local political committees. The provisional voter
23may, within 7 calendar days after the election, submit
24additional information to the county clerk or board of election
25commissioners. This information must be received by the county
26clerk or board of election commissioners within the

 

 

09800SB0172ham001- 158 -LRB098 04408 MGM 62623 a

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

 

 

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

 

 

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1and papers in the box, did not permit any person to open the
2box or otherwise touch or tamper with the ballots and papers in
3the box, and has no knowledge of any other person opening the
4box. For purposes of this Section, the term "election official"
5means the county clerk, a member of the board of election
6commissioners, as the case may be, and their respective
7employees.
8(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
998-691, eff. 7-1-14.)
 
10    (10 ILCS 5/18A-218 new)
11    Sec. 18A-218. Interpretation of Article 18A. The Sections
12of this Article following this Section shall be supplemental to
13all other provisions of this Article and are intended to
14provide procedural requirements for the implementation of the
15provisions of this Article. In the case of a conflict between
16the Sections following this Section and the Sections preceding
17this Section, the Sections preceding this Section shall
18prevail.
 
19    (10 ILCS 5/18A-218.10 new)
20    Sec. 18A-218.10. Definitions relating to provisional
21ballots.
22    (a) As used in this Article:
23        "Citywide or villagewide office" means an office
24    elected by the electors of an entire municipality.

 

 

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1        "Correct precinct" means the precinct containing the
2    addresses at which the provisional voter resides and at
3    which he or she is registered to vote.
4        "Countywide office" means the offices of Clerk,
5    Sheriff, State's Attorney, Circuit Court Clerk, Recorder,
6    Auditor, County Board President, County Board Member or
7    County Commissioner in those counties that elect those
8    officers countywide, Coroner, Regional Superintendent of
9    Schools, Sanitary District Commissioners or Trustees,
10    Assessor, Board of Review Members in those counties that
11    elect those officers countywide, and Treasurer.
12        "Election authority" means either the County Clerk,
13    County Board of Election Commissioners, or Municipal Board
14    of Election Commissioners, as the case may be.
15        "Election jurisdiction" means an entire county, in the
16    case of a county in which no city board of election
17    commissioners is located or that is under the jurisdiction
18    of a county board of election commissioners; the
19    territorial jurisdiction of a city board of election
20    commissioners; and the territory in a county outside of the
21    jurisdiction of a city board of election commissioners.
22    Election jurisdictions shall be determined according to
23    which election authority maintains the permanent
24    registration records of qualified electors.
25        "Incorrect precinct" means the precinct in which the
26    voter cast a provisional ballot, but is not the precinct

 

 

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1    containing the address at which he or she is registered to
2    vote. In order for a provisional ballot to be eligible for
3    counting when cast in an incorrect precinct, that precinct
4    must be located within either the county or municipality in
5    which the voter is registered.
6        "Leading established political party" means one of the
7    two political parties whose candidates for Governor at the
8    most recent 3 gubernatorial elections received either the
9    highest or second highest average number of votes. The
10    first leading political party is the party whose candidate
11    for Governor received the highest average number of votes
12    in the 3 most recent gubernatorial elections and the second
13    leading political party is the party whose candidate for
14    Governor received the second highest average number of
15    votes in the 3 most recent gubernatorial elections.
16        "Legislative district" means the district in which an
17    Illinois State Senator is elected to serve the residents.
18        "Persons entitled to vote provisionally" or
19    "provisional voter" means a person claiming to be a
20    registered voter who is entitled by Section 18A-5 of this
21    Code to vote a provisional ballot under the following
22    circumstances:
23            (1) The person's name does not appear on the
24        official list of eligible voters for the precinct in
25        which the person seeks to vote.
26            (2) The person's voting status has been

 

 

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1        successfully challenged by an election judge, a
2        pollwatcher or any legal voter.
3            (3) A federal or State court order extends the time
4        for closing the polls beyond the time period
5        established by State law and the person votes during
6        the extended time period.
7            (4) The voter registered to vote by mail and is
8        required by law to present identification when voting
9        either in person or by vote by mail ballot, but fails
10        to do so.
11            (5) The voter's name appears on the list of voters
12        who voted during the early voting period, but the voter
13        claims not to have voted during the early voting
14        period.
15            (6) The voter received a vote by mail ballot but
16        did not return the vote by mail ballot to the election
17        authority, and failed to surrender it to the election
18        judges.
19            (7) The voter attempted to register to vote on
20        election day, but failed to provide the necessary
21        documentation.
22        "Representative district" means the district from
23    which an Illinois State Representative is elected to serve
24    the residents.
25        "Statewide office" means the Constitutional offices of
26    Governor and Lt. Governor running jointly, Secretary of

 

 

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1    State, Attorney General, Comptroller, and Treasurer.
2        "Township office" means an office elected by the
3    electors of an entire township.
4    (b) Procedures for Voting Provisionally in the Polling
5Place.
6        (1) If any of the 7 reasons cited in the definition of
7    provisional voter in subsection (a) for casting a
8    provisional ballot exists, an election judge must accept
9    any information provided by a person who casts a
10    provisional ballot that the person believes supports his or
11    her claim that he or she is a duly registered voter and
12    qualified to vote in the election. However, if the person's
13    residence address is outside the precinct boundaries, the
14    election judge shall inform the person of that fact, give
15    the person the appropriate telephone number of the election
16    authority in order to locate the polling place assigned to
17    serve that address (or consult any alternative tools
18    provided by the election authority for determining a
19    voter's correct precinct polling place) and instruct the
20    person to go to the proper polling place to vote.
21        (2) Once it has been determined by the election judges
22    that the person is entitled to receive a provisional
23    ballot, and the voter has completed the provisional voter
24    affidavit, the voter shall be given a provisional ballot
25    and shall proceed to vote that ballot. Upon receipt of the
26    ballot by the election judges, the ballot shall be

 

 

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1    transmitted to the election authority in accordance with
2    subsection (a) of Section 18A-10 of this Code.
3        (3) In the event that a provisional ballot is
4    mistakenly cast in a precinct other than the precinct that
5    contains the voter's address of registration (if the voter
6    believed he or she registered in the precinct in which he
7    or she voted provisionally, and the election judges should
8    have, but did not direct the voter to vote in the correct
9    precinct), Section 218.20 shall apply.
 
10    (10 ILCS 5/18A-218.20 new)
11    Sec. 18A-218.20. Counting procedures for provisional
12ballots cast in an incorrect precinct within the same election
13authority's jurisdiction.
14    (a) The election authority shall:
15        (1) transmit to the State Board of Elections the
16    provisional voter's identifying information and voting
17    jurisdiction within 2 calendar days. Following that, and
18    subject to paragraph (2) below, if the election authority
19    having jurisdiction over the provisional voter determines
20    that the voter has cast a provisional ballot in an
21    incorrect precinct, the ballot shall still be counted using
22    the procedures established in subsection (b) of this
23    Section or Section 18A-218.30 if applicable. Jurisdictions
24    that use election machines authorized pursuant to Article
25    24C of this Code for casting provisional ballots may vary

 

 

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1    procedures of this Section and Section 18A-218.30 as
2    appropriate for the counting of provisional ballots cast on
3    those machines.
4        (2) determine whether the voter was entitled to cast a
5    provisional ballot. The voter is entitled to cast a
6    provisional ballot if:
7            (A) the affidavit executed by the voter contains,
8        at a minimum, the provisional voter's first and last
9        name, house number and street name, and signature or
10        mark;
11            (B) the provisional voter is a registered voter
12        based on information available to the county clerk or
13        board of election commissioners provided by or
14        obtained from the provisional voter, an election
15        judge, the Statewide voter registration database
16        maintained by the State Board of Elections, the records
17        of the county clerk or board of election commissioners'
18        database, or the records of the Secretary of State or
19        the voter is attempting to register but lacks the
20        necessary documentation; and
21            (C) the provisional voter did not vote using the
22        vote by mail ballot and did not vote during the period
23        for early voting.
24    (b) Once it has been determined by the election authority
25that the voter was entitled to vote a provisional ballot, even
26though it had been cast in an incorrect precinct, the election

 

 

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1authority shall select a team or teams of 2 duly commissioned
2election judges, one from each of the two leading established
3political parties in Illinois to count the votes that are
4eligible to be cast on the provisional ballot. In those
5jurisdictions that use election officials as defined in
6subsection (h) of Section 18A-15 of this Code, these duties may
7be performed by those election officials.
8        (1) Votes cast for Statewide offices, the Office of
9    President of the United States (including votes cast in the
10    Presidential Preference Primary), and United States Senate
11    shall be counted on all provisional ballots cast in the
12    incorrect precinct.
13        (2) Votes cast for Representative in Congress,
14    delegate or alternate delegate to a national nominating
15    convention, State Senator, State Representative, or
16    countywide, citywide, villagewide, or township office
17    shall be counted if it is determined by the election judges
18    or officials that the voter would have been entitled to
19    vote for one or more of these offices had the voter voted
20    in the precinct in which he or she is registered to vote
21    (the correct precinct) and had the voter voted a ballot of
22    the correct ballot style containing all the offices and
23    candidates for which the voter was entitled to cast a
24    ballot (the correct ballot style). This determination
25    shall be made by comparing a sample ballot of the correct
26    ballot style with the actual provisional ballot cast by the

 

 

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1    voter. If the same office (including the same district
2    number for a Congressional, Legislative or Representative
3    district) appears on both the correct ballot style sample
4    ballot and the provisional ballot cast by the voter, votes
5    for that office shall be counted. All votes cast for any
6    remaining offices (offices for which the voter would not
7    have been entitled to vote had he or she voted in the
8    correct precinct) shall not be counted.
9        (3) No votes shall be counted for an office when the
10    voter voted for more candidates than he or she was allowed.
11        (4) Once it has been determined which offices are to be
12    counted and the provisional ballot contains no other votes,
13    the provisional ballot shall be counted pursuant to the
14    procedures set forth in this subsection (b).
15        (5) If a provisional ballot does not contain any valid
16    votes, the provisional ballot shall be marked invalid and
17    shall not be counted.
18        (6) Any provisional voting verification system
19    established by an election authority shall inform the
20    provisional voter that his or her provisional ballot was
21    partially counted because it was cast in an incorrect
22    precinct.
23        (7) If a provisional ballot only contains votes cast
24    for eligible offices, and does not contain any votes cast
25    for ineligible offices, the ballot may be tabulated without
26    having to be remade.

 

 

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1        (8) If a provisional ballot contains both valid votes
2    that must be counted and invalid votes that cannot be
3    counted:
4            (A) the election judges, consisting in each case of
5        at least one of each of the 2 leading political
6        parties, shall, if the provisional ballot was cast on a
7        paper ballot sheet, proceed to remake the voted ballot
8        onto a blank ballot that includes all of the offices
9        for which valid votes were cast, transferring only
10        valid votes. The original provisional ballot shall be
11        marked "Original Provisional Ballot" with a serial
12        number commencing at "1" and continuing consecutively
13        for ballots of that kind in the precinct. The duplicate
14        provisional ballot shall be marked "Duplicate
15        Provisional Ballot" and be given the same serial number
16        as the original ballot from which it was duplicated.
17        The duplicate provisional ballot shall then be treated
18        in the same manner as other provisional ballots.
19            (B) if the provisional ballot was cast on a direct
20        recording electronic voting device, the election
21        judges shall mark the original provisional ballot as a
22        partially counted defective electronic provisional
23        ballot because it was cast in the incorrect precinct
24        (or bear some similar notation) and proceed to either:
25                (i) remake the voted ballot by transferring
26            all valid votes to a duplicate paper ballot sheet

 

 

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1            of the correct ballot style, marking the duplicate
2            ballot "Duplicate Electronic Provisional Ballot"
3            and then counting the duplicate provisional ballot
4            in the same manner as the other provisional ballots
5            marked on paper ballot sheets; or
6                (ii) transfer, or cause to be transferred, all
7            valid votes electronically to the correct
8            precinct, which shall be counted and added to the
9            vote totals for the correct precinct, excluding
10            any votes that cannot be counted. If this method is
11            used, a permanent paper record must be generated
12            for both the defective provisional ballot and the
13            duplicate electronic provisional ballot.
14    (c) For provisional ballots cast at a partisan primary
15election, the judges shall use a duplicate ballot of the
16correct ballot style for the same political party as the ballot
17chosen by the voter.
18    (d) At least one qualified pollwatcher for each candidate,
19political party, and civic organization, as authorized by
20Section 17-23 of this Code, shall be permitted to observe the
21ballot remaking process.
 
22    (10 ILCS 5/18A-218.30 new)
23    Sec. 18A-218.30. Counting procedures for provisional
24ballots cast in an incorrect precinct within a different
25election authority's jurisdiction.

 

 

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1    (a) The election authority having possession of the
2provisional ballot shall first notify the election authority
3having jurisdiction over the provisional voter that the voter
4cast a provisional ballot in its jurisdiction and provide
5whatever information is needed for the election authority to
6comply with the notification requirements set forth in
7subsection (d) of Section 18A-15 of this Code. For purpose of
8determining which election authority has jurisdiction over the
9provisional voter, the election authority having possession of
10the provisional ballot shall use the address listed on the
11provisional ballot affidavit that was provided by the voter. If
12that address is different from the address at which the voter
13is registered the ballot shall be rejected; however, the
14affidavit shall serve as a request to register at that address.
15If a voter cast a provisional ballot in an incorrect precinct
16located in the jurisdiction of an election authority other than
17the election authority having jurisdiction over the voter's
18correct precinct, but where the precinct is located within the
19same county as the 2 election authorities (e.g., a voter is
20registered in the City of Chicago, but casts a provisional
21ballot in suburban Cook County), the election authority in
22whose territory the provisional ballot was cast shall, after
23receipt of the provisional ballot, transmit it, along with the
24provisional voter's affidavit and any other documentation
25provided to the election judges, to the office of the election
26authority having jurisdiction over the voter's correct

 

 

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1precinct. The ballot shall be sealed in a secure envelope or
2other suitable container and transmitted within 8 business days
3after the election at which it was cast. If the locations of
4the election authorities' offices are such that it is feasible
5to hand deliver the ballot, the ballot shall be sealed in a
6secure envelope and transmitted in that manner by 2 election
7judges (or election officials), one from each of the 2 leading
8political parties. If the locations of the 2 election
9authorities are such that it is not feasible to hand deliver
10the ballot, the election authority having jurisdiction over the
11incorrect precinct shall cause the ballot to be sealed in a
12secure envelope and transmitted via express mail within 8
13business days after the election at which the ballot was cast,
14with a delivery date no later than the second business day
15following the mailing date. Upon receipt of the ballot by the
16election authority having jurisdiction over the correct
17precinct, the election authority shall proceed to remake, and
18count the votes on, the provisional ballot in accordance with
19the procedures described in Section 18A-218.20, including the
20determination of eligibility to cast a provisional ballot. Any
21information provided to the election authority within the 7 day
22period provided for in Section 18A-15 of this Code shall be
23sealed in a secure envelope and transmitted to the office of
24the election authority having jurisdiction over the voter's
25correct precinct, along with the provisional ballot of that
26voter.

 

 

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1    (b) Incorrect precinct is located in a different county
2from the county where the voter is registered, but is located
3in the same municipality or legislative district as the one in
4which the voter is registered:
5        (1) The election authority having possession of the
6    provisional ballot shall first notify the election
7    authority having jurisdiction over the provisional voter
8    that the voter cast a provisional ballot in its
9    jurisdiction and provide whatever information is needed
10    for the election authority to comply with the notification
11    requirements set forth in subsection (d) of Section 18A-15
12    of this Code. For purposes of determining which election
13    authority has jurisdiction over the provisional voter, the
14    election authority having possession of the provisional
15    ballot shall use the address listed on the provisional
16    ballot affidavit that was provided by the voter. If that
17    address is different from the address at which the voter is
18    registered, the ballot shall be rejected; however, the
19    affidavit shall serve as a request to register at that
20    address. The election authority shall then cause the
21    ballot, along with the provisional voter's affidavit and
22    any other documentation provided to the election judges, to
23    be transmitted via express mail within 8 business days
24    after the election at which the ballot was cast, with a
25    delivery date no later than the second business day
26    following the mailing date. Upon receipt of the ballot by

 

 

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1    the election authority having jurisdiction over the
2    correct precinct, that election authority shall proceed to
3    remake and count the votes on the provisional ballot in
4    accordance with the procedures described in Section
5    18A-218.20, including the determination of eligibility to
6    cast a provisional ballot. Any information provided to the
7    election authority within the 7 day period provided for in
8    Section 18A-15 of this Code shall be transmitted to the
9    office of the election authority having jurisdiction over
10    the voter's correct precinct, along with the provisional
11    ballot of that voter.
12        (2) If a voter casts a provisional ballot in a precinct
13    outside of the county in which he or she is registered and
14    outside of the municipality, representative district, or
15    legislative district in which he or she is registered (if
16    applicable), the ballot shall not be counted. It shall,
17    however, be transmitted via the U.S. Postal Service to the
18    election authority having jurisdiction over the voter's
19    correct precinct within 14 days after the election and
20    shall be kept for 2 months, the same length of time as is
21    required for other voted ballots.
22    For purposes of determining which election authority has
23jurisdiction over the provisional voter, the election
24authority having possession of the provisional ballot shall use
25the address listed on the provisional ballot affidavit that was
26provided by the voter. If such address is different from the

 

 

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1address at which the voter is registered, the ballot shall be
2rejected, however the affidavit shall serve as a request to
3register at such address.
 
4    (10 ILCS 5/18A-218.40 new)
5    Sec. 18A-218.40. Follow-up procedures for provisional
6ballots. The original provisional ballot cast by the voter
7shall be stored separately from other ballots voted in the
8election and shall be preserved in the same manner as original
9ballots that had to be remade for other reasons, such as a
10damaged ballot or as a result of a voter over-voting an office.
 
11    (10 ILCS 5/Art. 19 heading)
12
ARTICLE 19. VOTING BY MAIL ABSENT ELECTORS

 
13    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
14    Sec. 19-2. Any elector as defined in Section 19-1 may by
15mail or electronically on the website of the appropriate
16election authority, not more than 90 nor less than 5 days prior
17to the date of such election, or by personal delivery not more
18than 90 nor less than one day prior to the date of such
19election, make application to the county clerk or to the Board
20of Election Commissioners for an official ballot for the
21voter's precinct to be voted at such election. The URL address
22at which voters may electronically request a vote by mail an
23absentee ballot shall be fixed no later than 90 calendar days

 

 

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1before an election and shall not be changed until after the
2election. Such a ballot shall be delivered to the elector only
3upon separate application by the elector for each election.
4(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691,
5eff. 7-1-14.)
 
6    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
7    Sec. 19-3. The application for vote by mail absentee ballot
8shall be substantially in the following form:
9
APPLICATION FOR VOTE BY MAIL ABSENTEE BALLOT
10    To be voted at the .... election in the County of .... and
11State of Illinois, in the .... precinct of the (1) *township of
12.... (2) *City of .... or (3) *.... ward in the City of ....
13    I state that I am a resident of the .... precinct of the
14(1) *township of .... (2) *City of .... or (3) *.... ward in
15the city of .... residing at .... in such city or town in the
16county of .... and State of Illinois; that I have lived at such
17address for .... month(s) last past; that I am lawfully
18entitled to vote in such precinct at the .... election to be
19held therein on ....; and that I wish to vote by vote by mail
20absentee ballot.
21    I hereby make application for an official ballot or ballots
22to be voted by me at such election, and I agree that I shall
23return such ballot or ballots to the official issuing the same
24prior to the closing of the polls on the date of the election
25or, if returned by mail, postmarked no later than midnight

 

 

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1preceding election day, for counting no later than during the
2period for counting provisional ballots, the last day of which
3is the 14th day following election day.
4    I understand that this application is made for an official
5vote by mail absentee ballot or ballots to be voted by me at
6the election specified in this application and that I must
7submit a separate application for an official vote by mail
8absentee ballot or ballots to be voted by me at any subsequent
9election.
10    Under penalties as provided by law pursuant to Section
1129-10 of The Election Code, the undersigned certifies that the
12statements set forth in this application are true and correct.
13
....
14
*fill in either (1), (2) or (3).
15
Post office address to which ballot is mailed:
16...............
17    However, if application is made for a primary election
18ballot, such application shall require the applicant to
19designate the name of the political party with which the
20applicant is affiliated.
21    If application is made electronically, the applicant shall
22mark the box associated with the above described statement
23included as part of the online application certifying that the
24statements set forth in this application are true and correct,
25and a signature is not required.
26    Any person may produce, reproduce, distribute, or return to

 

 

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1an election authority the application for vote by mail absentee
2ballot. Upon receipt, the appropriate election authority shall
3accept and promptly process any application for vote by mail
4absentee ballot submitted in a form substantially similar to
5that required by this Section, including any substantially
6similar production or reproduction generated by the applicant.
7(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
8    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
9    Sec. 19-4. Mailing or delivery of ballots; time.
10Immediately upon the receipt of such application either by mail
11or electronic means, not more than 40 days nor less than 5 days
12prior to such election, or by personal delivery not more than
1340 days nor less than one day prior to such election, at the
14office of such election authority, it shall be the duty of such
15election authority to examine the records to ascertain whether
16or not such applicant is lawfully entitled to vote as
17requested, including a verification of the applicant's
18signature by comparison with the signature on the official
19registration record card, and if found so to be entitled to
20vote, to post within one business day thereafter the name,
21street address, ward and precinct number or township and
22district number, as the case may be, of such applicant given on
23a list, the pages of which are to be numbered consecutively to
24be kept by such election authority for such purpose in a
25conspicuous, open and public place accessible to the public at

 

 

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1the entrance of the office of such election authority, and in
2such a manner that such list may be viewed without necessity of
3requesting permission therefor. Within one day after posting
4the name and other information of an applicant for a vote by
5mail an absentee ballot, the election authority shall transmit
6by electronic means pursuant to a process established by the
7State Board of Elections that name and other posted information
8to the State Board of Elections, which shall maintain those
9names and other information in an electronic format on its
10website, arranged by county and accessible to State and local
11political committees. Within 2 business days after posting a
12name and other information on the list within its office, the
13election authority shall mail, postage prepaid, or deliver in
14person in such office an official ballot or ballots if more
15than one are to be voted at said election. Mail delivery of
16Temporarily Absent Student ballot applications pursuant to
17Section 19-12.3 shall be by nonforwardable mail. However, for
18the consolidated election, vote by mail absentee ballots for
19certain precincts may be delivered to applicants not less than
2025 days before the election if so much time is required to have
21prepared and printed the ballots containing the names of
22persons nominated for offices at the consolidated primary. The
23election authority shall enclose with each vote by mail
24absentee ballot or application written instructions on how
25voting assistance shall be provided pursuant to Section 17-14
26and a document, written and approved by the State Board of

 

 

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1Elections, informing the vote by mail voter of the required
2postage for returning the application and ballot, and
3enumerating the circumstances under which a person is
4authorized to vote by vote by mail absentee ballot pursuant to
5this Article; such document shall also include a statement
6informing the applicant that if he or she falsifies or is
7solicited by another to falsify his or her eligibility to cast
8a vote by mail an absentee ballot, such applicant or other is
9subject to penalties pursuant to Section 29-10 and Section
1029-20 of the Election Code. Each election authority shall
11maintain a list of the name, street address, ward and precinct,
12or township and district number, as the case may be, of all
13applicants who have returned vote by mail absentee ballots to
14such authority, and the name of such vote by mail absent voter
15shall be added to such list within one business day from
16receipt of such ballot. If the vote by mail absentee ballot
17envelope indicates that the voter was assisted in casting the
18ballot, the name of the person so assisting shall be included
19on the list. The list, the pages of which are to be numbered
20consecutively, shall be kept by each election authority in a
21conspicuous, open, and public place accessible to the public at
22the entrance of the office of the election authority and in a
23manner that the list may be viewed without necessity of
24requesting permission for viewing.
25    Each election authority shall maintain a list for each
26election of the voters to whom it has issued vote by mail

 

 

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1absentee ballots. The list shall be maintained for each
2precinct within the jurisdiction of the election authority.
3Prior to the opening of the polls on election day, the election
4authority shall deliver to the judges of election in each
5precinct the list of registered voters in that precinct to whom
6vote by mail absentee ballots have been issued by mail.
7    Each election authority shall maintain a list for each
8election of voters to whom it has issued temporarily absent
9student ballots. The list shall be maintained for each election
10jurisdiction within which such voters temporarily abide.
11Immediately after the close of the period during which
12application may be made by mail or electronic means for vote by
13mail absentee ballots, each election authority shall mail to
14each other election authority within the State a certified list
15of all such voters temporarily abiding within the jurisdiction
16of the other election authority.
17    In the event that the return address of an application for
18ballot by a physically incapacitated elector is that of a
19facility licensed or certified under the Nursing Home Care Act,
20the Specialized Mental Health Rehabilitation Act of 2013, or
21the ID/DD Community Care Act, within the jurisdiction of the
22election authority, and the applicant is a registered voter in
23the precinct in which such facility is located, the ballots
24shall be prepared and transmitted to a responsible judge of
25election no later than 9 a.m. on the Saturday, Sunday or Monday
26immediately preceding the election as designated by the

 

 

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1election authority under Section 19-12.2. Such judge shall
2deliver in person on the designated day the ballot to the
3applicant on the premises of the facility from which
4application was made. The election authority shall by mail
5notify the applicant in such facility that the ballot will be
6delivered by a judge of election on the designated day.
7    All applications for vote by mail absentee ballots shall be
8available at the office of the election authority for public
9inspection upon request from the time of receipt thereof by the
10election authority until 30 days after the election, except
11during the time such applications are kept in the office of the
12election authority pursuant to Section 19-7, and except during
13the time such applications are in the possession of the judges
14of election.
15(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
16eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
1798-756, eff. 7-16-14.)
 
18    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
19    Sec. 19-5. It shall be the duty of the election authority
20to fold the ballot or ballots in the manner specified by the
21statute for folding ballots prior to their deposit in the
22ballot box, and to enclose such ballot or ballots in an
23envelope unsealed to be furnished by him, which envelope shall
24bear upon the face thereof the name, official title and post
25office address of the election authority, and upon the other

 

 

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1side a printed certification in substantially the following
2form:
3    I state that I am a resident of the .... precinct of the
4(1) *township of .... (2) *City of .... or (3) *.... ward in
5the city of .... residing at .... in such city or town in the
6county of .... and State of Illinois, that I have lived at such
7address for .... months last past; and that I am lawfully
8entitled to vote in such precinct at the .... election to be
9held on .....
10*fill in either (1), (2) or (3).
11    I further state that I personally marked the enclosed
12ballot in secret.
13    Under penalties of perjury as provided by law pursuant to
14Section 29-10 of The Election Code, the undersigned certifies
15that the statements set forth in this certification are true
16and correct.
17
.......................
18    If the ballot is to go to an elector who is physically
19incapacitated and needs assistance marking the ballot, the
20envelope shall bear upon the back thereof a certification in
21substantially the following form:
22    I state that I am a resident of the .... precinct of the
23(1) *township of .... (2) *City of .... or (3) *.... ward in
24the city of .... residing at .... in such city or town in the
25county of .... and State of Illinois, that I have lived at such
26address for .... months last past; that I am lawfully entitled

 

 

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1to vote in such precinct at the .... election to be held on
2....; that I am physically incapable of personally marking the
3ballot for such election.
4*fill in either (1), (2) or (3).
5    I further state that I marked the enclosed ballot in secret
6with the assistance of
7
.................................
8
(Individual rendering assistance)
9
.................................
10
(Residence Address)
11    Under penalties of perjury as provided by law pursuant to
12Section 29-10 of The Election Code, the undersigned certifies
13that the statements set forth in this certification are true
14and correct.
15
.......................
16    In the case of a voter with a physical incapacity, marking
17a ballot in secret includes marking a ballot with the
18assistance of another individual, other than a candidate whose
19name appears on the ballot (unless the voter is the spouse or a
20parent, child, brother, or sister of the candidate), the
21voter's employer, an agent of that employer, or an officer or
22agent of the voter's union, when the voter's physical
23incapacity necessitates such assistance.
24    In the case of a physically incapacitated voter, marking a
25ballot in secret includes marking a ballot with the assistance
26of another individual, other than a candidate whose name

 

 

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1appears on the ballot (unless the voter is the spouse or a
2parent, child, brother, or sister of the candidate), the
3voter's employer, an agent of that employer, or an officer or
4agent of the voter's union, when the voter's physical
5incapacity necessitates such assistance.
6    Provided, that if the ballot enclosed is to be voted at a
7primary election, the certification shall designate the name of
8the political party with which the voter is affiliated.
9    In addition to the above, the election authority shall
10provide printed slips giving full instructions regarding the
11manner of marking and returning the ballot in order that the
12same may be counted, and shall furnish one of such printed
13slips to each of such applicants at the same time the ballot is
14delivered to him. Such instructions shall include the following
15statement: "In signing the certification on the vote by mail
16absentee ballot envelope, you are attesting that you personally
17marked this vote by mail absentee ballot in secret. If you are
18physically unable to mark the ballot, a friend or relative may
19assist you after completing the enclosed affidavit. Federal and
20State laws prohibit a candidate whose name appears on the
21ballot (unless you are the spouse or a parent, child, brother,
22or sister of the candidate), your employer, your employer's
23agent or an officer or agent of your union from assisting
24physically disabled voters."
25    In addition to the above, if a ballot to be provided to an
26elector pursuant to this Section contains a public question

 

 

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1described in subsection (b) of Section 28-6 and the territory
2concerning which the question is to be submitted is not
3described on the ballot due to the space limitations of such
4ballot, the election authority shall provide a printed copy of
5a notice of the public question, which shall include a
6description of the territory in the manner required by Section
716-7. The notice shall be furnished to the elector at the same
8time the ballot is delivered to the elector.
9(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
 
10    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
11    Sec. 19-6. Such vote by mail absent voter shall make and
12subscribe to the certifications provided for in the application
13and on the return envelope for the ballot, and such ballot or
14ballots shall be folded by such voter in the manner required to
15be folded before depositing the same in the ballot box, and be
16deposited in such envelope and the envelope securely sealed.
17The voter shall then endorse his certificate upon the back of
18the envelope and the envelope shall be mailed in person by such
19voter, postage prepaid, to the election authority issuing the
20ballot or, if more convenient, it may be delivered in person,
21by either the voter or by any person authorized by the voter a
22spouse, parent, child, brother or sister of the voter, or by a
23company licensed as a motor carrier of property by the Illinois
24Commerce Commission under the Illinois Commercial
25Transportation Law, which is engaged in the business of making

 

 

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1deliveries. It shall be unlawful for any person not the voter
2or a person authorized by the voter, his or her spouse, parent,
3child, brother, or sister, or a representative of a company
4engaged in the business of making deliveries to the election
5authority to take the ballot and ballot envelope of a voter for
6deposit into the mail unless the ballot has been issued
7pursuant to application by a physically incapacitated elector
8under Section 3-3 or a hospitalized voter under Section 19-13,
9in which case any employee or person under the direction of the
10facility in which the elector or voter is located may deposit
11the ballot and ballot envelope into the mail. If an absentee
12voter gives his ballot and ballot envelope to a spouse, parent,
13child, brother or sister of the voter or to a company which is
14engaged in the business of making deliveries for delivery to
15the election authority, the voter shall give an authorization
16form to the person making the delivery. The person making the
17delivery shall present the authorization to the election
18authority. The authorization shall be in substantially the
19following form:
20    I ............ (absentee voter) authorize ...............
21to take my ballot to the office of the election authority.
22.......................              ........................
23         Date                           Signature of voter
 
24.......................              ........................
25         Hour                                 Address
 

 

 

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1.......................              ........................
2         Date                        Signature of Authorized
3                                            Individual
 
4.......................              ........................
5         Hour                          Relationship (if any)
6(Source: P.A. 89-653, eff. 8-14-96.)
 
7    (10 ILCS 5/19-7)  (from Ch. 46, par. 19-7)
8    Sec. 19-7. (a) Upon receipt of such vote by mail absent
9voter's ballot, the election authority shall forthwith enclose
10the same unopened, together with the application made by said
11vote by mail absent voter in a large or carrier envelope which
12shall be securely sealed and endorsed with the name and
13official title of such officer and the words, "This envelope
14contains a vote by mail an absent voter's ballot and must be
15opened on election day," together with the number and
16description of the precinct in which said ballot is to be
17voted, and such officer shall thereafter safely keep the same
18in his office until counted by him as provided in the next
19section.
20    (b) Within one day after receipt of such vote by mail
21absent voter's ballot, the election authority shall transmit,
22by electronic means pursuant to a process established by the
23State Board of Elections, the voter's name, street address,

 

 

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1e-mail address, and precinct, ward, township, and district
2numbers, as the case may be, to the State Board of Elections,
3which shall maintain those names and that information in an
4electronic format on its website, arranged by county and
5accessible to State and local political committees.
6(Source: P.A. 98-115, eff. 7-29-13.)
 
7    (10 ILCS 5/19-8)  (from Ch. 46, par. 19-8)
8    Sec. 19-8. Time and place of counting ballots.
9    (a) (Blank.)
10    (b) Each vote by mail absent voter's ballot returned to an
11election authority, by any means authorized by this Article,
12and received by that election authority before the closing of
13the polls on election day shall be endorsed by the receiving
14election authority with the day and hour of receipt and may be
15processed by the election authority beginning on the 7th day
16before election day shall be counted in the central ballot
17counting location of the election authority, but the results of
18the processing may not be counted until on the day of the
19election after 7:00 p.m., except as provided in subsections (g)
20and (g-5).
21    (c) Each vote by mail absent voter's ballot that is mailed
22to an election authority and postmarked by 7:00 p.m. the
23midnight preceding the opening of the polls on election day,
24but that is received by the election authority after the polls
25close on election day and before the close of the period for

 

 

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1counting provisional ballots cast at that election, shall be
2endorsed by the receiving authority with the day and hour of
3receipt and shall be counted at the central ballot counting
4location of the election authority during the period for
5counting provisional ballots.
6    Each vote by mail absent voter's ballot that is mailed to
7an election authority absent a postmark, but that is received
8by the election authority after the polls close on election day
9and before the close of the period for counting provisional
10ballots cast at that election, shall be endorsed by the
11receiving authority with the day and hour of receipt, opened to
12inspect the date inserted on the certification, and, if the
13certification date is a date preceding the election day and the
14ballot is otherwise found to be valid under the requirements of
15this Section, counted at the central ballot counting location
16of the election authority during the period for counting
17provisional ballots. Absent a date on the certification, the
18ballot shall not be counted.
19    (d) Special write-in vote by mail absentee voter's blank
20ballots returned to an election authority, by any means
21authorized by this Article, and received by the election
22authority at any time before the closing of the polls on
23election day shall be endorsed by the receiving election
24authority with the day and hour of receipt and shall be counted
25at the central ballot counting location of the election
26authority during the same period provided for counting vote by

 

 

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1mail absent voters' ballots under subsections (b), (g), and
2(g-5). Special write-in vote by mail absentee voter's blank
3ballots that are mailed to an election authority and postmarked
4by 7:00 p.m. the midnight preceding the opening of the polls on
5election day, but that are received by the election authority
6after the polls close on election day and before the closing of
7the period for counting provisional ballots cast at that
8election, shall be endorsed by the receiving authority with the
9day and hour of receipt and shall be counted at the central
10ballot counting location of the election authority during the
11same periods provided for counting vote by mail absent voters'
12ballots under subsection (c).
13    (e) Except as otherwise provided in this Section, vote by
14mail absent voters' ballots and special write-in vote by mail
15absentee voter's blank ballots received by the election
16authority after the closing of the polls on an election day
17shall be endorsed by the election authority receiving them with
18the day and hour of receipt and shall be safely kept unopened
19by the election authority for the period of time required for
20the preservation of ballots used at the election, and shall
21then, without being opened, be destroyed in like manner as the
22used ballots of that election.
23    (f) Counting required under this Section to begin on
24election day after the closing of the polls shall commence no
25later than 8:00 p.m. and shall be conducted by a panel or
26panels of election judges appointed in the manner provided by

 

 

09800SB0172ham001- 192 -LRB098 04408 MGM 62623 a

1law. The counting shall continue until all vote by mail absent
2voters' ballots and special write-in vote by mail absentee
3voter's blank ballots required to be counted on election day
4have been counted.
5    (g) The procedures set forth in Articles 17 and 18 of this
6Code shall apply to all ballots counted under this Section. In
7addition, within 2 days after a vote by mail an absentee
8ballot, other than an in-person absentee ballot, is received,
9but in all cases before the close of the period for counting
10provisional ballots, the election judge or official shall
11compare the voter's signature on the certification envelope of
12that vote by mail absentee ballot with the signature of the
13voter on file in the office of the election authority. If the
14election judge or official determines that the 2 signatures
15match, and that the vote by mail absentee voter is otherwise
16qualified to cast a vote by mail an absentee ballot, the
17election authority shall cast and count the ballot on election
18day or the day the ballot is determined to be valid, whichever
19is later, adding the results to the precinct in which the voter
20is registered. If the election judge or official determines
21that the signatures do not match, or that the vote by mail
22absentee voter is not qualified to cast a vote by mail an
23absentee ballot, then without opening the certification
24envelope, the judge or official shall mark across the face of
25the certification envelope the word "Rejected" and shall not
26cast or count the ballot.

 

 

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1    In addition to the voter's signatures not matching, a vote
2by mail an absentee ballot may be rejected by the election
3judge or official:
4        (1) if the ballot envelope is open or has been opened
5    and resealed;
6        (2) if the voter has already cast an early or grace
7    period ballot;
8        (3) if the voter voted in person on election day or the
9    voter is not a duly registered voter in the precinct; or
10        (4) on any other basis set forth in this Code.
11    If the election judge or official determines that any of
12these reasons apply, the judge or official shall mark across
13the face of the certification envelope the word "Rejected" and
14shall not cast or count the ballot.
15    (g-5) If a vote by mail an absentee ballot, other than an
16in-person absentee ballot, is rejected by the election judge or
17official for any reason, the election authority shall, within 2
18days after the rejection but in all cases before the close of
19the period for counting provisional ballots, notify the vote by
20mail absentee voter that his or her ballot was rejected. The
21notice shall inform the voter of the reason or reasons the
22ballot was rejected and shall state that the voter may appear
23before the election authority, on or before the 14th day after
24the election, to show cause as to why the ballot should not be
25rejected. The voter may present evidence to the election
26authority supporting his or her contention that the ballot

 

 

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1should be counted. The election authority shall appoint a panel
2of 3 election judges to review the contested ballot,
3application, and certification envelope, as well as any
4evidence submitted by the vote by mail absentee voter. No more
5than 2 election judges on the reviewing panel shall be of the
6same political party. The reviewing panel of election judges
7shall make a final determination as to the validity of the
8contested vote by mail absentee ballot. The judges'
9determination shall not be reviewable either administratively
10or judicially.
11    A vote by mail An absentee ballot subject to this
12subsection that is determined to be valid shall be counted
13before the close of the period for counting provisional
14ballots.
15    (g-10) All vote by mail absentee ballots determined to be
16valid shall be added to the vote totals for the precincts for
17which they were cast in the order in which the ballots were
18opened.
19    (h) Each political party, candidate, and qualified civic
20organization shall be entitled to have present one pollwatcher
21for each panel of election judges therein assigned.
22(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
2395-699, eff. 11-9-07.)
 
24    (10 ILCS 5/19-10)  (from Ch. 46, par. 19-10)
25    Sec. 19-10. Pollwatchers may be appointed to observe early

 

 

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1in-person absentee voting procedures and view all reasonably
2requested records relating to the conduct of the election,
3provided the secrecy of the ballot is not impinged, at the
4office of the election authority as well as at municipal,
5township or road district clerks' offices where such early
6absentee voting is conducted. Such pollwatchers shall qualify
7and be appointed in the same manner as provided in Sections
87-34 and 17-23, except each candidate, political party or
9organization of citizens may appoint only one pollwatcher for
10each location where early in-person absentee voting is
11conducted. Pollwatchers must be registered to vote in Illinois
12and possess valid pollwatcher credentials.
13    In the polling place on election day, pollwatchers shall be
14permitted to be present during the casting of the vote by mail
15absent voters' ballots and the vote of any vote by mail absent
16voter may be challenged for cause the same as if he were
17present and voted in person, and the judges of the election or
18a majority thereof shall have power and authority to hear and
19determine the legality of such ballot; Provided, however, that
20if a challenge to any vote by mail absent voter's right to vote
21is sustained, notice of the same must be given by the judges of
22election by mail addressed to the voter's place of residence.
23    Where certain vote by mail absent voters' ballots are
24counted on the day of the election in the office of the
25election authority as provided in Section 19-8 of this Act,
26each political party, candidate and qualified civic

 

 

09800SB0172ham001- 196 -LRB098 04408 MGM 62623 a

1organization shall be entitled to have present one pollwatcher
2for each panel of election judges therein assigned. Such
3pollwatchers shall be subject to the same provisions as are
4provided for pollwatchers in Sections 7-34 and 17-23 of this
5Code, and shall be permitted to observe the election judges
6making the signature comparison between that which is on the
7ballot envelope and that which is on the permanent voter
8registration record card taken from the master file.
9(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
 
10    (10 ILCS 5/19-12.1)  (from Ch. 46, par. 19-12.1)
11    Sec. 19-12.1. Any qualified elector who has secured an
12Illinois Person with a Disability Identification Card in
13accordance with the Illinois Identification Card Act,
14indicating that the person named thereon has a Class 1A or
15Class 2 disability or any qualified voter who has a permanent
16physical incapacity of such a nature as to make it improbable
17that he will be able to be present at the polls at any future
18election, or any voter who is a resident of (i) a federally
19operated veterans' home, hospital, or facility located in
20Illinois or (ii) a facility licensed or certified pursuant to
21the Nursing Home Care Act, the Specialized Mental Health
22Rehabilitation Act of 2013, or the ID/DD Community Care Act and
23has a condition or disability of such a nature as to make it
24improbable that he will be able to be present at the polls at
25any future election, may secure a disabled voter's or nursing

 

 

09800SB0172ham001- 197 -LRB098 04408 MGM 62623 a

1home resident's identification card, which will enable him to
2vote under this Article as a physically incapacitated or
3nursing home voter. For the purposes of this Section,
4"federally operated veterans' home, hospital, or facility"
5means the long-term care facilities at the Jesse Brown VA
6Medical Center, Illiana Health Care System, Edward Hines, Jr.
7VA Hospital, Marion VA Medical Center, and Captain James A.
8Lovell Federal Health Care Center.
9    Application for a disabled voter's or nursing home
10resident's identification card shall be made either: (a) in
11writing, with voter's sworn affidavit, to the county clerk or
12board of election commissioners, as the case may be, and shall
13be accompanied by the affidavit of the attending physician
14specifically describing the nature of the physical incapacity
15or the fact that the voter is a nursing home resident and is
16physically unable to be present at the polls on election days;
17or (b) by presenting, in writing or otherwise, to the county
18clerk or board of election commissioners, as the case may be,
19proof that the applicant has secured an Illinois Person with a
20Disability Identification Card indicating that the person
21named thereon has a Class 1A or Class 2 disability. Upon the
22receipt of either the sworn-to application and the physician's
23affidavit or proof that the applicant has secured an Illinois
24Person with a Disability Identification Card indicating that
25the person named thereon has a Class 1A or Class 2 disability,
26the county clerk or board of election commissioners shall issue

 

 

09800SB0172ham001- 198 -LRB098 04408 MGM 62623 a

1a disabled voter's or nursing home resident's identification
2card. Such identification cards shall be issued for a period of
35 years, upon the expiration of which time the voter may secure
4a new card by making application in the same manner as is
5prescribed for the issuance of an original card, accompanied by
6a new affidavit of the attending physician. The date of
7expiration of such five-year period shall be made known to any
8interested person by the election authority upon the request of
9such person. Applications for the renewal of the identification
10cards shall be mailed to the voters holding such cards not less
11than 3 months prior to the date of expiration of the cards.
12    Each disabled voter's or nursing home resident's
13identification card shall bear an identification number, which
14shall be clearly noted on the voter's original and duplicate
15registration record cards. In the event the holder becomes
16physically capable of resuming normal voting, he must surrender
17his disabled voter's or nursing home resident's identification
18card to the county clerk or board of election commissioners
19before the next election.
20    The holder of a disabled voter's or nursing home resident's
21identification card may make application by mail for an
22official ballot within the time prescribed by Section 19-2.
23Such application shall contain the same information as is
24included in the form of application for ballot by a physically
25incapacitated elector prescribed in Section 19-3 except that it
26shall also include the applicant's disabled voter's

 

 

09800SB0172ham001- 199 -LRB098 04408 MGM 62623 a

1identification card number and except that it need not be sworn
2to. If an examination of the records discloses that the
3applicant is lawfully entitled to vote, he shall be mailed a
4ballot as provided in Section 19-4. The ballot envelope shall
5be the same as that prescribed in Section 19-5 for physically
6disabled voters, and the manner of voting and returning the
7ballot shall be the same as that provided in this Article for
8other vote by mail absentee ballots, except that a statement to
9be subscribed to by the voter but which need not be sworn to
10shall be placed on the ballot envelope in lieu of the affidavit
11prescribed by Section 19-5.
12    Any person who knowingly subscribes to a false statement in
13connection with voting under this Section shall be guilty of a
14Class A misdemeanor.
15    For the purposes of this Section, "nursing home resident"
16includes a resident of (i) a federally operated veterans' home,
17hospital, or facility located in Illinois or (ii) a facility
18licensed under the ID/DD Community Care Act or the Specialized
19Mental Health Rehabilitation Act of 2013. For the purposes of
20this Section, "federally operated veterans' home, hospital, or
21facility" means the long-term care facilities at the Jesse
22Brown VA Medical Center, Illiana Health Care System, Edward
23Hines, Jr. VA Hospital, Marion VA Medical Center, and Captain
24James A. Lovell Federal Health Care Center.
25(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
26eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;

 

 

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198-104, eff. 7-22-13.)
 
2    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
3    Sec. 19-12.2. Voting by physically incapacitated electors
4who have made proper application to the election authority not
5later than 5 days before the regular primary and general
6election of 1980 and before each election thereafter shall be
7conducted on the premises of (i) federally operated veterans'
8homes, hospitals, and facilities located in Illinois or (ii)
9facilities licensed or certified pursuant to the Nursing Home
10Care Act, the Specialized Mental Health Rehabilitation Act of
112013, or the ID/DD Community Care Act for the sole benefit of
12residents of such homes, hospitals, and facilities. For the
13purposes of this Section, "federally operated veterans' home,
14hospital, or facility" means the long-term care facilities at
15the Jesse Brown VA Medical Center, Illiana Health Care System,
16Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
17Captain James A. Lovell Federal Health Care Center. Such voting
18shall be conducted during any continuous period sufficient to
19allow all applicants to cast their ballots between the hours of
209 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
21Monday immediately preceding the regular election. This vote by
22mail absentee voting on one of said days designated by the
23election authority shall be supervised by two election judges
24who must be selected by the election authority in the following
25order of priority: (1) from the panel of judges appointed for

 

 

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1the precinct in which such home, hospital, or facility is
2located, or from a panel of judges appointed for any other
3precinct within the jurisdiction of the election authority in
4the same ward or township, as the case may be, in which the
5home, hospital, or facility is located or, only in the case
6where a judge or judges from the precinct, township or ward are
7unavailable to serve, (3) from a panel of judges appointed for
8any other precinct within the jurisdiction of the election
9authority. The two judges shall be from different political
10parties. Not less than 30 days before each regular election,
11the election authority shall have arranged with the chief
12administrative officer of each home, hospital, or facility in
13his or its election jurisdiction a mutually convenient time
14period on the Friday, Saturday, Sunday or Monday immediately
15preceding the election for such voting on the premises of the
16home, hospital, or facility and shall post in a prominent place
17in his or its office a notice of the agreed day and time period
18for conducting such voting at each home, hospital, or facility;
19provided that the election authority shall not later than noon
20on the Thursday before the election also post the names and
21addresses of those homes, hospitals, and facilities from which
22no applications were received and in which no supervised vote
23by mail absentee voting will be conducted. All provisions of
24this Code applicable to pollwatchers shall be applicable
25herein. To the maximum extent feasible, voting booths or
26screens shall be provided to insure the privacy of the voter.

 

 

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1Voting procedures shall be as described in Article 17 of this
2Code, except that ballots shall be treated as vote by mail
3absentee ballots and shall not be counted until the close of
4the polls on the following day. After the last voter has
5concluded voting, the judges shall seal the ballots in an
6envelope and affix their signatures across the flap of the
7envelope. Immediately thereafter, the judges shall bring the
8sealed envelope to the office of the election authority who
9shall deliver such ballots to the election authority's central
10ballot counting location prior to the closing of the polls on
11the day of election. The judges of election shall also report
12to the election authority the name of any applicant in the
13home, hospital, or facility who, due to unforeseen circumstance
14or condition or because of a religious holiday, was unable to
15vote. In this event, the election authority may appoint a
16qualified person from his or its staff to deliver the ballot to
17such applicant on the day of election. This staff person shall
18follow the same procedures prescribed for judges conducting
19vote by mail absentee voting in such homes, hospitals, or
20facilities and shall return the ballot to the central ballot
21counting location before the polls close. However, if the home,
22hospital, or facility from which the application was made is
23also used as a regular precinct polling place for that voter,
24voting procedures heretofore prescribed may be implemented by 2
25of the election judges of opposite party affiliation assigned
26to that polling place during the hours of voting on the day of

 

 

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1the election. Judges of election shall be compensated not less
2than $25.00 for conducting vote by mail absentee voting in such
3homes, hospitals, or facilities.
4    Not less than 120 days before each regular election, the
5Department of Public Health shall certify to the State Board of
6Elections a list of the facilities licensed or certified
7pursuant to the Nursing Home Care Act, the Specialized Mental
8Health Rehabilitation Act of 2013, or the ID/DD Community Care
9Act. The lists shall indicate the approved bed capacity and the
10name of the chief administrative officer of each such home,
11hospital, or facility, and the State Board of Elections shall
12certify the same to the appropriate election authority within
1320 days thereafter.
14(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
15eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
 
16    (10 ILCS 5/19-13)  (from Ch. 46, par. 19-13)
17    Sec. 19-13. Any qualified voter who has been admitted to a
18hospital, nursing home, or rehabilitation center due to an
19illness or physical injury not more than 14 days before an
20election shall be entitled to personal delivery of a vote by
21mail an absentee ballot in the hospital, nursing home, or
22rehabilitation center subject to the following conditions:
23    (1) The voter completes the Application for Physically
24Incapacitated Elector as provided in Section 19-3, stating as
25reasons therein that he is a patient in ............... (name

 

 

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1of hospital/home/center), ............... located at,
2............... (address of hospital/home/center),
3............... (county, city/village), was admitted for
4............... (nature of illness or physical injury), on
5............... (date of admission), and does not expect to be
6released from the hospital/home/center on or before the day of
7election or, if released, is expected to be homebound on the
8day of the election and unable to travel to the polling place.
9    (2) The voter's physician completes a Certificate of
10Attending Physician in a form substantially as follows:
11
CERTIFICATE OF ATTENDING PHYSICIAN
12    I state that I am a physician, duly licensed to practice in
13the State of .........; that .......... is a patient in
14.......... (name of hospital/home/center), located at
15............. (address of hospital/home/center),
16................. (county, city/village); that such individual
17was admitted for ............. (nature of illness or physical
18injury), on ............ (date of admission); and that I have
19examined such individual in the State in which I am licensed to
20practice medicine and do not expect such individual to be
21released from the hospital/home/center on or before the day of
22election or, if released, to be able to travel to the polling
23place on election day.
24    Under penalties as provided by law pursuant to Section
2529-10 of The Election Code, the undersigned certifies that the
26statements set forth in this certification are true and

 

 

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1correct.
2
(Signature) ...............
3
(Date licensed) ............
4    (3) Any person who is registered to vote in the same
5precinct as the admitted voter or any legal relative of the
6admitted voter may present such voter's vote by mail absentee
7ballot application, completed as prescribed in paragraph 1,
8accompanied by the physician's certificate, completed as
9prescribed in paragraph 2, to the election authority. Such
10precinct voter or relative shall execute and sign an affidavit
11furnished by the election authority attesting that he is a
12registered voter in the same precinct as the admitted voter or
13that he is a legal relative of the admitted voter and stating
14the nature of the relationship. Such precinct voter or relative
15shall further attest that he has been authorized by the
16admitted voter to obtain his or her vote by mail absentee
17ballot from the election authority and deliver such ballot to
18him in the hospital, home, or center.
19    Upon receipt of the admitted voter's application,
20physician's certificate, and the affidavit of the precinct
21voter or the relative, the election authority shall examine the
22registration records to determine if the applicant is qualified
23to vote and, if found to be qualified, shall provide the
24precinct voter or the relative the vote by mail absentee ballot
25for delivery to the applicant.
26    Upon receipt of the vote by mail absentee ballot, the

 

 

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1admitted voter shall mark the ballot in secret and subscribe to
2the certifications on the vote by mail absentee ballot return
3envelope. After depositing the ballot in the return envelope
4and securely sealing the envelope, such voter shall give the
5envelope to the precinct voter or the relative who shall
6deliver it to the election authority in sufficient time for the
7ballot to be delivered by the election authority to the
8election authority's central ballot counting location before 7
9p.m. on election day.
10    Upon receipt of the admitted voter's vote by mail absentee
11ballot, the ballot shall be counted in the manner prescribed in
12this Article.
13(Source: P.A. 94-18, eff. 6-14-05; 94-1000, eff. 7-3-06;
1495-878, eff. 1-1-09.)
 
15    (10 ILCS 5/19-15)
16    Sec. 19-15. Precinct tabulation optical scan technology
17voting equipment. If the election authority has adopted the use
18of Precinct Tabulation Optical Scan Technology voting
19equipment pursuant to Article 24B of this Code, and the
20provisions of the Article are in conflict with the provisions
21of this Article 19, the provisions of Article 24B shall govern
22the procedures followed by the election authority, its judges
23of elections, and all employees and agents, provided that vote
24by mail absentee ballots are counted at the election
25authority's central ballot counting location. In following the

 

 

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1provisions of Article 24B, the election authority is authorized
2to develop and implement procedures to fully utilize Precinct
3Tabulation Optical Scan Technology voting equipment, at the
4central ballot counting location, authorized by the State Board
5of Elections as long as the procedure is not in conflict with
6either Article 24B or the administrative rules of the State
7Board of Elections.
8(Source: P.A. 94-1000, eff. 7-3-06.)
 
9    (10 ILCS 5/19-20)
10    Sec. 19-20. Report on vote by mail absentee ballots. This
11Section applies to vote by mail absentee ballots other than
12in-person absentee ballots.
13    On or before the 21st day after an election, each election
14authority shall transmit to the State Board of Elections the
15following information with respect to that election:
16        (1) The number, by precinct, of vote by mail absentee
17    ballots requested, provided, and counted.
18        (2) The number of rejected vote by mail absentee
19    ballots.
20        (3) The number of voters seeking review of rejected
21    vote by mail absentee ballots pursuant to subsection (g-5)
22    of Section 19-8.
23        (4) The number of vote by mail absentee ballots counted
24    following review pursuant to subsection (g-5) of Section
25    19-8.

 

 

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1On or before the 28th day after an election, the State Board of
2Elections shall compile the information received under this
3Section with respect to that election and make that information
4available to the public.
5(Source: P.A. 94-1000, eff. 7-3-06.)
 
6    (10 ILCS 5/19A-10)
7    Sec. 19A-10. Permanent polling places for early voting.
8    (a) An election authority may establish permanent polling
9places for early voting by personal appearance at locations
10throughout the election authority's jurisdiction, including
11but not limited to a municipal clerk's office, a township
12clerk's office, a road district clerk's office, or a county or
13local public agency office. Except as otherwise provided in
14subsection (b), any person entitled to vote early by personal
15appearance may do so at any polling place established for early
16voting.
17    (b) If it is impractical for the election authority to
18provide at each polling place for early voting a ballot in
19every form required in the election authority's jurisdiction,
20the election authority may:
21        (1) provide appropriate forms of ballots to the office
22    of the municipal clerk in a municipality not having a board
23    of election commissioners; the township clerk; or in
24    counties not under township organization, the road
25    district clerk; and

 

 

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1        (2) limit voting at that polling place to registered
2    voters in that municipality, ward or group of wards,
3    township, or road district.
4    If the early voting polling place does not have the correct
5ballot form for a person seeking to vote early, the election
6judge or election official conducting early voting at that
7polling place shall inform the person of that fact, give the
8person the appropriate telephone number of the election
9authority in order to locate an early voting polling place with
10the correct ballot form for use in that person's assigned
11precinct, and instruct the person to go to the proper early
12voting polling place to vote early.
13    (c) During each general primary and general election, each
14election authority in a county with a population over 250,000
15shall establish at least one permanent polling place for early
16voting by personal appearance at a location within each of the
173 largest municipalities within its jurisdiction. If any of the
183 largest municipalities is over 80,000, the election authority
19shall establish at least 2 permanent polling places within the
20municipality. All population figures shall be determined by the
21federal census.
22    (d) During each general primary and general election, each
23board of election commissioners established under Article 6 of
24this Code in any city, village, or incorporated town with a
25population over 100,000 shall establish at least 2 permanent
26polling places for early voting by personal appearance. All

 

 

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1population figures shall be determined by the federal census.
2    (e) During each general primary and general election, each
3election authority in a county with a population of over
4100,000 but under 250,000 persons shall establish at least one
5permanent polling place for early voting by personal
6appearance. The location for early voting may be the election
7authority's main office or another location designated by the
8election authority. The election authority may designate
9additional sites for early voting by personal appearance. All
10population figures shall be determined by the federal census.
11    (f) No permanent polling place required by this Section
12shall be located within 1,500 feet from another permanent
13polling place required by this Section.
14(Source: P.A. 98-691, eff. 7-1-14.)
 
15    (10 ILCS 5/19A-15)
16    Sec. 19A-15. Period for early voting; hours.
17    (a) The period for early voting by personal appearance
18begins the 40th 15th day preceding a general primary,
19consolidated primary, consolidated, or general election and
20extends through the end of the 3rd day before election day,
21except that for the 2014 general election the period for early
22voting by personal appearance shall extend through the 2nd day
23before election day.
24    (b) Except as otherwise provided by this Section, a
25permanent polling place for early voting must remain open

 

 

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1beginning the 15th day before an election through the end of
2the day before election day during the hours of 8:30 a.m. to
34:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that
4beginning 8 days before election day, a permanent polling place
5for early voting must remain open during the hours of 8:30 a.m.
6to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00 a.m. to 12:00
7p.m. on Saturdays and holidays, and 10:00 a.m. to 4 p.m. 12:00
8p.m. to 3:00 p.m. on Sundays; except that, in addition to the
9hours required by this subsection, a permanent early voting
10polling place designated by an election authority under
11subsections subsection (c), (d), and (e) of Section 19A-10 must
12remain open for a total of at least 8 hours on any holiday
13during the early voting period and a total of at least 14 hours
14on the final weekend during the early voting period. For the
152014 general election, a permanent polling place for early
16voting must remain open during the hours of 8:30 a.m. to 4:30
17p.m. or 9:00 a.m. to 5:00 p.m. on weekdays, except that
18beginning 8 days before election day, a permanent polling place
19for early voting must remain open during the hours of 8:30 a.m.
20to 7:00 p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general
21election, a permanent polling place for early voting shall
22remain open during the hours of 9:00 a.m. to 12:00 p.m. on
23Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays; except that,
24in addition to the hours required by this subsection (b), a
25permanent early voting place designated by an election
26authority under subsection (c) of Section 19A-10 must remain

 

 

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1open for a total of at least 14 hours on the final weekend
2during the early voting period.
3    (c) Notwithstanding subsections (a) and (b), an election
4authority may close an early voting polling place if the
5building in which the polling place is located has been closed
6by the State or unit of local government in response to a
7severe weather emergency or other force majeure. In the event
8of a closure, the election authority shall conduct early voting
9on the 2nd day before election day from 8:30 a.m. to 4:30 p.m.
10or 9:00 a.m. to 5:00 p.m. The election authority shall notify
11the State Board of Elections of any closure and shall make
12reasonable efforts to provide notice to the public of an
13alternative location for early voting the extended early voting
14period.
15    (d) Notwithstanding subsections (a) and (b), in 2013 only,
16an election authority may close an early voting place on Good
17Friday, Holy Saturday, and Easter Sunday, provided that the
18early voting place remains open 2 hours later on April 3, 4,
19and 5 of 2013. The election authority shall notify the State
20Board of Elections of any closure and shall provide notice to
21the public of the closure and the extended hours during the
22final week.
23(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
24eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
 
25    (10 ILCS 5/19A-25)

 

 

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1    Sec. 19A-25. Schedule of locations and times for early
2voting.
3    (a) The election authority shall publish during the week
4before the period for early voting and at least once each week
5during the period for early voting in a newspaper of general
6circulation in the election authority's jurisdiction a
7schedule stating:
8        (1) the location of each permanent and temporary
9    polling place for early voting and the precincts served by
10    each location; and
11        (2) the dates and hours that early voting will be
12    conducted at each location.
13    (b) The election authority shall post a copy of the
14schedule at any office or other location that is to be used as
15a polling place for early voting. The schedule must be posted
16continuously for a period beginning not later than the 5th day
17before the first day of the period for early voting by personal
18appearance and ending on the last day of that period.
19    (c) The election authority must make copies of the schedule
20available to the public in reasonable quantities without charge
21during the period of posting.
22    (d) If the election authority maintains a website, it shall
23make the schedule available on its website.
24    (e) No additional polling places for early voting may be
25established after the schedule is published under this Section.
26    (f) At least 10 business days before the period for early

 

 

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1voting begins, each election authority shall provide the State
2Board of Elections with a list of all early voting sites and
3the hours each site will be open.
4(Source: P.A. 94-645, eff. 8-22-05.)
 
5    (10 ILCS 5/19A-35)
6    Sec. 19A-35. Procedure for voting.
7    (a) Not more than 23 days before the start of the election,
8the county clerk shall make available to the election official
9conducting early voting by personal appearance a sufficient
10number of early ballots, envelopes, and printed voting
11instruction slips for the use of early voters. The election
12official shall receipt for all ballots received and shall
13return unused or spoiled ballots at the close of the early
14voting period to the county clerk and must strictly account for
15all ballots received. The ballots delivered to the election
16official must include early ballots for each precinct in the
17election authority's jurisdiction and must include separate
18ballots for each political subdivision conducting an election
19of officers or a referendum at that election.
20    (b) In conducting early voting under this Article, the
21election judge or official is required to verify the signature
22of the early voter by comparison with the signature on the
23official registration card, and the judge or official must
24verify (i) (i) the identity of the applicant, (ii) that the
25applicant is a registered voter, (ii) (iii) the precinct in

 

 

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1which the applicant is registered, and (iii) (iv) the proper
2ballots of the political subdivision in which the applicant
3resides and is entitled to vote before providing an early
4ballot to the applicant. Except for during the 2014 general
5