Rep. Ron Sandack

Filed: 12/3/2014

 

 


 

 


 
09800SB0172ham003LRB098 04408 MGM 62669 a

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, 11-4.1, 11-7,
812-1, 13-1, 13-2, 13-10, 14-3.1, 16-5.01, 17-8, 17-9, 17-18.1,
917-19.2, 17-21, 17-23, 17-29, 18-5, 18-9.2, 18A-5, 18A-15,
1019-3, 19-4, 19-5, 19-6, 19-7, 19-8, 19-10, 19-12.1, 19-12.2,
1119-13, 19-15, 19-20, 19A-10, 19A-15, 19A-25, 19A-35, 19A-75,
1220-1, 20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-4, 20-5, 20-6,
1320-7, 20-8, 20-10, 20-13, 20-13.1, 20-25, 24-15, 24-16, 24A-6,
1424A-10, 24A-15.1, 24B-6, 24B-10, 24B-15.1, 24C-1, 24C-6,
1524C-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

 

 

09800SB0172ham003- 21 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 22 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 23 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 24 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 25 -LRB098 04408 MGM 62669 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

 

 

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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

 

 

09800SB0172ham003- 27 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 28 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 29 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 30 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 31 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 32 -LRB098 04408 MGM 62669 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

 

 

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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

 

 

09800SB0172ham003- 34 -LRB098 04408 MGM 62669 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.

 

 

09800SB0172ham003- 35 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 36 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 37 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 38 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 39 -LRB098 04408 MGM 62669 a

1the precincts for which they were cast in the order in which
2the ballots were opened.
3    Election authorities may opt out of in-precinct
4registration. If an election authority chooses to provide
5in-precinct registration, the election authority must provide
6an employee to conduct the registration.
7(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
898-691, eff. 7-1-14.)
 
9    (10 ILCS 5/4-105)
10    Sec. 4-105. First time voting. A person must vote for the
11first time in person and not by a vote by mail mailed absentee
12ballot if the person registered to vote by mail, unless the
13person first provides the appropriate election authority with
14sufficient proof of identity and the election authority
15verifies the person's proof of identity. Sufficient proof of
16identity shall be demonstrated by submission of the person's
17driver's license number or State identification card number or,
18if the person does not have either of those, verification by
19the last 4 digits of the person's social security number, a
20copy of a current and valid photo identification, or a copy of
21a current utility bill, bank statement, paycheck, government
22check, or other federal, State, or local government document
23that shows the person's name and address. A person may also
24demonstrate sufficient proof of identity by submission of a
25photo identification issued by a college or university

 

 

09800SB0172ham003- 40 -LRB098 04408 MGM 62669 a

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

 

 

09800SB0172ham003- 41 -LRB098 04408 MGM 62669 a

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

 

 

09800SB0172ham003- 42 -LRB098 04408 MGM 62669 a

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

 

 

09800SB0172ham003- 43 -LRB098 04408 MGM 62669 a

1duly qualified voter and entitled to vote in said precinct at
2the next election.
3
...........................
4
(Signature of Applicant)"
5    All such applications shall be presented to the County
6Clerk by the applicant, in person between the hours of nine
7o'clock a.m. and five o'clock p.m., on Monday and Tuesday of
8the third week subsequent to the weeks in which the 1961 and
91962 precinct re-registrations are to be held, and thereafter
10for the registration provided in Section 5-17 of this Article,
11all such applications shall be presented to the County Clerk by
12the applicant in person between the hours of nine o'clock a.m.
13and nine o'clock p.m. on Monday and Tuesday of the third week
14prior to the date on which such election is to be held.
15    Any otherwise qualified person who is absent from his
16county of residence either due to business of the United States
17or because he is temporarily outside the territorial limits of
18the United States may become registered by mailing an
19application to the county clerk within the periods of
20registration provided for in this Article or by simultaneous
21application for absentee registration by mail and vote by mail
22absentee ballot as provided in Article 20 of this Code.
23    Upon receipt of such application the county clerk shall
24immediately mail an affidavit of registration in duplicate,
25which affidavit shall contain the following and such other
26information as the State Board of Elections may think it proper

 

 

09800SB0172ham003- 44 -LRB098 04408 MGM 62669 a

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

 

 

09800SB0172ham003- 45 -LRB098 04408 MGM 62669 a

1                 )ss
2County of ........)
3    I hereby swear (or affirm) that I am a citizen of the
4United States; that on the day of the next election I shall
5have resided in the State of Illinois for 6 months and in the
6election precinct 30 days; that I am fully qualified to vote,
7that I am not registered to vote anywhere else in the United
8States, that I intend to remain a resident of the State of
9Illinois and of the election precinct, that I intend to return
10to the State of Illinois, and that the above statements are
11true.
12
..............................
13
(His or her signature or mark)
14    Subscribed and sworn to before me, an officer qualified to
15administer oaths, on (insert date).
16
........................................
17
Signature of officer administering oath.

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

 

 

09800SB0172ham003- 46 -LRB098 04408 MGM 62669 a

1(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
2eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 10-1-13;
398-756, eff. 7-16-14.)
 
4    (10 ILCS 5/5-16.3)  (from Ch. 46, par. 5-16.3)
5    Sec. 5-16.3. The county clerk may establish temporary
6places of registration for such times and at such locations
7within the county as the county clerk may select. However, no
8temporary place of registration may be in operation during the
927 days preceding an election. Notice of time and place of
10registration at any such temporary place of registration under
11this Section shall be published by the county clerk in a
12newspaper having a general circulation in the county not less
13than 3 nor more than 15 days before the holding of such
14registration.
15    Temporary places of registration shall be established so
16that the areas of concentration of population or use by the
17public are served, whether by facilities provided in places of
18private business or in public buildings or in mobile units.
19Areas which may be designated as temporary places of
20registration include, but are not limited to, facilities
21licensed or certified pursuant to the Nursing Home Care Act,
22the Specialized Mental Health Rehabilitation Act of 2013, or
23the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
24shopping centers, business districts, public buildings and
25county fairs.

 

 

09800SB0172ham003- 47 -LRB098 04408 MGM 62669 a

1    Temporary places of registration shall be available to the
2public not less than 2 hours per year for each 1,000 population
3or fraction thereof in the county.
4    All temporary places of registration shall be manned by
5deputy county clerks or deputy registrars appointed pursuant to
6Section 5-16.2.
7(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
8eff. 7-13-12; 98-104, eff. 7-22-13.)
 
9    (10 ILCS 5/5-50)
10    Sec. 5-50. Grace period. Notwithstanding any other
11provision of this Code to the contrary, each election authority
12shall establish procedures for the registration of voters and
13for change of address during the period from the close of
14registration for a consolidated or general primary or election
15and until and including the 3rd day of a consolidated or
16general before the primary or election, except that during the
172014 general election the period shall extend until the polls
18close on election day. During the this grace periods during
19these elections period, an unregistered qualified elector may
20register to vote, and a registered voter may submit a change of
21address form, in person in the office of the election
22authority, at a permanent polling place established under
23Section 19A-10, at any other early voting site beginning 15
24days prior to the election, at a precinct polling place, or at
25a voter registration location specifically designated for this

 

 

09800SB0172ham003- 48 -LRB098 04408 MGM 62669 a

1purpose by the election authority. During the 2014 general
2election, an unregistered qualified elector may register to
3vote, and a registered voter may submit a change of address
4form, in person at any permanent polling place for early voting
5established pursuant to Section 19A-10 through election day.
6The election authority shall register that individual, or
7change a registered voter's address, in the same manner as
8otherwise provided by this Article for registration and change
9of address.
10    If a voter who registers or changes address during these
11this grace periods period wishes to vote at the first election
12or primary occurring after the grace period, he or she must do
13so by grace period voting. The election authority shall offer
14in-person grace period voting at his or her office and any
15permanent polling place established under Section 19A-10 where
16grace period registration is required by this Section; and may
17offer in-person grace period voting at additional locations
18specifically designated for the purpose of grace period voting
19by the election authority. The election authority may allow
20grace period voting by mail only if the election authority has
21no ballots prepared at the authority's office. Grace period
22voting shall be in a manner substantially similar to voting
23under Article 19A 19.
24    Within one day after a voter casts a grace period ballot,
25or within one day after the ballot is received by the election
26authority if the election authority allows grace period voting

 

 

09800SB0172ham003- 49 -LRB098 04408 MGM 62669 a

1by mail, the election authority shall transmit by electronic
2means pursuant to a process established by the State Board of
3Elections the voter's name, street address, e-mail address, and
4precinct, ward, township, and district numbers, as the case may
5be, to the State Board of Elections, which shall maintain those
6names and that information in an electronic format on its
7website, arranged by county and accessible to State and local
8political committees. The name of each person issued a grace
9period ballot shall also be placed on the appropriate precinct
10list of persons to whom vote by mail absentee and early ballots
11have been issued, for use as provided in Sections 17-9 and
1218-5.
13    A person who casts a grace period ballot shall not be
14permitted to revoke that ballot and vote another ballot with
15respect to that primary or election. Ballots cast by persons
16who register or change address during the grace period must be
17transmitted to and counted at the election authority's central
18ballot counting location and shall not be transmitted to and
19counted at precinct polling places. The grace period ballots
20determined to be valid shall be added to the vote totals for
21the precincts for which they were cast in the order in which
22the ballots were opened.
23    Election authorities may opt out of in-precinct
24registration. If an election authority chooses to provide
25in-precinct registration, the election authority must provide
26an employee to conduct the registration.

 

 

09800SB0172ham003- 50 -LRB098 04408 MGM 62669 a

1(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
298-691, eff. 7-1-14.)
 
3    (10 ILCS 5/5-105)
4    Sec. 5-105. First time voting. A person must vote for the
5first time in person and not by a vote by mail mailed absentee
6ballot if the person registered to vote by mail, unless the
7person first provides the appropriate election authority with
8sufficient proof of identity and the election authority
9verifies the person's proof of identity. Sufficient proof of
10identity shall be demonstrated by submission of the person's
11driver's license number or State identification card number or,
12if the person does not have either of those, verification by
13the last 4 digits of the person's social security number, a
14copy of a current and valid photo identification, or a copy of
15a current utility bill, bank statement, paycheck, government
16check, or other federal, State, or local government document
17that shows the person's name and address. A person may also
18demonstrate sufficient proof of identity by submission of a
19photo identification issued by a college or university
20accompanied by either a copy of the applicant's contract or
21lease for a residence or any postmarked mail delivered to the
22applicant at his or her current residence address. Persons who
23apply to register to vote by mail but provide inadequate proof
24of identity to the election authority shall be notified by the
25election authority that the registration has not been fully

 

 

09800SB0172ham003- 51 -LRB098 04408 MGM 62669 a

1completed and that the person remains ineligible to vote by
2mail or in person until such proof is presented.
3(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
4    (10 ILCS 5/6-29)  (from Ch. 46, par. 6-29)
5    Sec. 6-29. For the purpose of registering voters under this
6Article, the office of the Board of Election Commissioners
7shall be open during ordinary business hours of each week day,
8from 9 a.m. to 12 o'clock noon on the last four Saturdays
9immediately preceding the end of the period of registration
10preceding each election, and such other days and such other
11times as the board may direct. During the 27 days immediately
12preceding any election there shall be no registration of voters
13at the office of the Board of Election Commissioners in cities,
14villages and incorporated towns of fewer than 200,000
15inhabitants. In cities, villages and incorporated towns of
16200,000 or more inhabitants, there shall be no registration of
17voters at the office of the Board of Election Commissioners
18during the 35 days immediately preceding any election;
19provided, however, where no precinct registration is being
20conducted prior to any election then registration may be taken
21in the office of the Board up to and including the 28th day
22prior to such election. The Board of Election Commissioners may
23set up and establish as many branch offices for the purpose of
24taking registrations as it may deem necessary, and the branch
25offices may be open on any or all dates and hours during which

 

 

09800SB0172ham003- 52 -LRB098 04408 MGM 62669 a

1registrations may be taken in the main office. All officers and
2employees of the Board of Election Commissioners who are
3authorized by such board to take registrations under this
4Article shall be considered officers of the circuit court, and
5shall be subject to the same control as is provided by Section
614-5 of this Act with respect to judges of election.
7    In any election called for the submission of the revision
8or alteration of, or the amendments to the Constitution,
9submitted by a Constitutional Convention, the final day for
10registration at the office of the election authority charged
11with the printing of the ballot of this election shall be the
1215th day prior to the date of election.
13    The Board of Election Commissioners shall appoint one or
14more registration teams, consisting of 2 of its employees for
15each team, for the purpose of accepting the registration of any
16voter who files an affidavit, within the period for taking
17registrations provided for in this Article, that he is
18physically unable to appear at the office of the Board or at
19any appointed place of registration. On the day or days when a
20precinct registration is being conducted such teams shall
21consist of one member from each of the 2 leading political
22parties who are serving on the Precinct Registration Board.
23Each team so designated shall visit each disabled person and
24shall accept the registration of such person the same as if he
25had applied for registration in person.
26    Any otherwise qualified person who is absent from his

 

 

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1county of residence due to business of the United States, or
2who is temporarily residing outside the territorial limits of
3the United States, may make application to become registered by
4mail to the Board of Election Commissioners within the periods
5for registration provided for in this Article or by
6simultaneous application for absentee registration by mail and
7vote by mail absentee ballot as provided in Article 20 of this
8Code.
9    Upon receipt of such application the Board of Election
10Commissioners shall immediately mail an affidavit of
11registration in duplicate, which affidavit shall contain the
12following and such other information as the State Board of
13Elections may think it proper to require for the identification
14of 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.

 

 

09800SB0172ham003- 54 -LRB098 04408 MGM 62669 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

 

 

09800SB0172ham003- 55 -LRB098 04408 MGM 62669 a

1administer oaths, on (insert date).
2
........................................
3
Signature of officer administering oath.
4    Upon receipt of the executed duplicate affidavit of
5Registration, the Board of Election Commissioners shall
6transfer the information contained thereon to duplicate
7Registration Cards provided for in Section 6-35 of this Article
8and shall attach thereto a copy of each of the duplicate
9affidavit of registration and thereafter such registration
10card and affidavit shall constitute the registration of such
11person the same as if he had applied for registration in
12person.
13(Source: P.A. 98-115, eff. 10-1-13.)
 
14    (10 ILCS 5/6-50.3)  (from Ch. 46, par. 6-50.3)
15    Sec. 6-50.3. The board of election commissioners may
16establish temporary places of registration for such times and
17at such locations as the board 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 at any such temporary place of registration under
21this Section shall be published by the board of election
22commissioners in a newspaper having a general circulation in
23the city, village or incorporated town not less than 3 nor more
24than 15 days before the holding of such registration.
25    Temporary places of registration shall be established so

 

 

09800SB0172ham003- 56 -LRB098 04408 MGM 62669 a

1that the areas of concentration of population or use by the
2public are served, whether by facilities provided in places of
3private business or in public buildings or in mobile units.
4Areas which may be designated as temporary places of
5registration include, but are not limited to, facilities
6licensed or certified pursuant to the Nursing Home Care Act,
7the Specialized Mental Health Rehabilitation Act of 2013, or
8the ID/DD Community Care Act, Soldiers' and Sailors' Homes,
9shopping centers, business districts, public buildings and
10county fairs.
11    Temporary places of registration shall be available to the
12public not less than 2 hours per year for each 1,000 population
13or fraction thereof in the county.
14    All temporary places of registration shall be manned by
15employees of the board of election commissioners or deputy
16registrars appointed pursuant to Section 6-50.2.
17(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
18eff. 7-13-12; 98-104, eff. 7-22-13.)
 
19    (10 ILCS 5/6-100)
20    Sec. 6-100. Grace period. Notwithstanding any other
21provision of this Code to the contrary, each election authority
22shall establish procedures for the registration of voters and
23for change of address during the period from the close of
24registration for a consolidated or general primary or election
25and until and including the 3rd day of a consolidated or

 

 

09800SB0172ham003- 57 -LRB098 04408 MGM 62669 a

1general before the primary or election, except that during the
22014 general election the period shall extend until the polls
3close on election day. During the this grace periods during
4these elections period, an unregistered qualified elector may
5register to vote, and a registered voter may submit a change of
6address form, in person in the office of the election
7authority, at a permanent polling place established under
8Section 19A-10, at any other early voting site beginning 15
9days prior to the election, at a precinct polling place, or at
10a voter registration location specifically designated for this
11purpose by the election authority. During the 2014 general
12election, an unregistered qualified elector may register to
13vote, and a registered voter may submit a change of address
14form, in person at any permanent polling place for early voting
15established pursuant to Section 19A-10 through election day.
16The election authority shall register that individual, or
17change a registered voter's address, in the same manner as
18otherwise provided by this Article for registration and change
19of address.
20    If a voter who registers or changes address during these
21this grace periods period wishes to vote at the first election
22or primary occurring after the grace period. The election
23authority shall offer in-person grace period voting at the
24authority's office and any permanent polling place established
25under Section 19A-10 where grace period registration is
26required by this Section; and may offer in-person grace period

 

 

09800SB0172ham003- 58 -LRB098 04408 MGM 62669 a

1voting at additional locations specifically designated for the
2purpose of grace period voting by the election authority. The
3election authority may allow grace period voting by mail only
4if the election authority has no ballots prepared at the
5authority's office. Grace period voting shall be in a manner
6substantially similar to voting under Article 19A 19.
7    Within one day after a voter casts a grace period ballot,
8or within one day after the ballot is received by the election
9authority if the election authority allows grace period voting
10by mail, the election authority shall transmit by electronic
11means pursuant to a process established by the State Board of
12Elections the voter's name, street address, e-mail address, and
13precinct, ward, township, and district numbers, as the case may
14be, to the State Board of Elections, which shall maintain those
15names and that information in an electronic format on its
16website, arranged by county and accessible to State and local
17political committees. The name of each person issued a grace
18period ballot shall also be placed on the appropriate precinct
19list of persons to whom vote by mail absentee and early ballots
20have been issued, for use as provided in Sections 17-9 and
2118-5.
22    A person who casts a grace period ballot shall not be
23permitted to revoke that ballot and vote another ballot with
24respect to that primary or election. Ballots cast by persons
25who register or change address during the grace period must be
26transmitted to and counted at the election authority's central

 

 

09800SB0172ham003- 59 -LRB098 04408 MGM 62669 a

1ballot counting location and shall not be transmitted to and
2counted at precinct polling places. The grace period ballots
3determined to be valid shall be added to the vote totals for
4the precincts for which they were cast in the order in which
5the ballots were opened.
6    Election authorities may opt out of in-precinct
7registration. If an election authority chooses to provide
8in-precinct registration, the election authority must provide
9an employee to conduct the registration.
10(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1198-691, eff. 7-1-14.)
 
12    (10 ILCS 5/6-105)
13    Sec. 6-105. First time voting. A person must vote for the
14first time in person and not by a vote by mail mailed absentee
15ballot if the person registered to vote by mail, unless the
16person first provides the appropriate election authority with
17sufficient proof of identity and the election authority
18verifies the person's proof of identity. Sufficient proof of
19identity shall be demonstrated by submission of the person's
20driver's license number or State identification card number or,
21if the person does not have either of those, verification by
22the last 4 digits of the person's social security number, a
23copy of a current and valid photo identification, or a copy of
24a current utility bill, bank statement, paycheck, government
25check, or other federal, State, or local government document

 

 

09800SB0172ham003- 60 -LRB098 04408 MGM 62669 a

1that shows the person's name and address. A person may also
2demonstrate sufficient proof of identity by submission of a
3photo identification issued by a college or university
4accompanied by either a copy of the applicant's contract or
5lease for a residence or any postmarked mail delivered to the
6applicant at his or her current residence address. Persons who
7apply to register to vote by mail but provide inadequate proof
8of identity to the election authority shall be notified by the
9election authority that the registration has not been fully
10completed and that the person remains ineligible to vote by
11mail or in person until such proof is presented.
12(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
13    (10 ILCS 5/7-15)  (from Ch. 46, par. 7-15)
14    Sec. 7-15. At least 60 days prior to each general and
15consolidated primary, 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 a vote by mail absentee
21ballot, and procedures for early voting by personal appearance.
22At least 20 days before the general primary the county clerk of
23each county, and not more than 30 nor less than 10 days before
24the consolidated primary the election authority, shall prepare
25in the manner provided in this Act, a notice of such primary

 

 

09800SB0172ham003- 61 -LRB098 04408 MGM 62669 a

1which notice shall state the time and place of holding the
2primary, the hours during which the polls will be open, the
3offices for which candidates will be nominated at such primary
4and the political parties entitled to participate therein,
5notwithstanding that no candidate of any such political party
6may be entitled to have his name printed on the primary ballot.
7Such notice shall also include the list of addresses of
8precinct polling places for the consolidated primary unless
9such list is separately published by the election authority not
10less than 10 days before the consolidated primary.
11    In counties, municipalities, or towns having fewer than
12500,000 inhabitants notice of the general primary shall be
13published once in two or more newspapers published in the
14county, municipality or town, as the case may be, or if there
15is no such newspaper, then in any two or more newspapers
16published in the county and having a general circulation
17throughout the community.
18    In counties, municipalities, or towns having 500,000 or
19more inhabitants notice of the general primary shall be
20published at least 15 days prior to the primary by the same
21authorities and in the same manner as notice of election for
22general elections are required to be published in counties,
23municipalities or towns of 500,000 or more inhabitants under
24this Act.
25    Notice of the consolidated primary shall be published once
26in one or more newspapers published in each political

 

 

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1subdivision having such primary, and if there is no such
2newspaper, then published once in a local, community newspaper
3having general circulation in the subdivision, and also once in
4a newspaper published in the county wherein the political
5subdivisions, or portions thereof, having such primary are
6situated.
7(Source: P.A. 94-645, eff. 8-22-05.)
 
8    (10 ILCS 5/7-34)  (from Ch. 46, par. 7-34)
9    Sec. 7-34. Pollwatchers in a primary election shall be
10authorized in the following manner:
11    (1) Each established political party shall be entitled to
12appoint one pollwatcher per precinct. Such pollwatchers must be
13affiliated with the political party for which they are
14pollwatching and must be a registered voter in Illinois.
15    (2) Each candidate shall be entitled to appoint two
16pollwatchers per precinct. For Federal, State, county,
17township, and municipal primary elections, the pollwatchers
18must be registered to vote in Illinois.
19    (3) Each organization of citizens within the county or
20political subdivision, which has among its purposes or
21interests the investigation or prosecution of election frauds,
22and which shall have registered its name and address and the
23names and addresses of its principal officers with the proper
24election authority at least 40 days before the primary
25election, shall be entitled to appoint one pollwatcher per

 

 

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1precinct. For all primary elections, the pollwatcher must be
2registered to vote in Illinois.
3    (3.5) Each State nonpartisan civic organization within the
4county or political subdivision shall be entitled to appoint
5one pollwatcher per precinct, provided that no more than 2
6pollwatchers appointed by State nonpartisan civic
7organizations shall be present in a precinct polling place at
8the same time. Each organization shall have registered the
9names and addresses of its principal officers with the proper
10election authority at least 40 days before the primary
11election. The pollwatchers must be registered to vote in
12Illinois. For the purpose of this paragraph, a "State
13nonpartisan civic organization" means any corporation,
14unincorporated association, or organization that:
15        (i) as part of its written articles of incorporation,
16    bylaws, or charter or by separate written declaration, has
17    among its stated purposes the provision of voter
18    information and education, the protection of individual
19    voters' rights, and the promotion of free and equal
20    elections;
21        (ii) is organized or primarily conducts its activities
22    within the State of Illinois; and
23        (iii) continuously maintains an office or business
24    location within the State of Illinois, together with a
25    current listed telephone number (a post office box number
26    without a current listed telephone number is not

 

 

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1    sufficient).
2    (4) Each organized group of proponents or opponents of a
3ballot proposition, which shall have registered the name and
4address of its organization or committee and the name and
5address of its chairman with the proper election authority at
6least 40 days before the primary election, shall be entitled to
7appoint one pollwatcher per precinct. The pollwatcher must be
8registered to vote in Illinois.
9    (5) In any primary election held to nominate candidates for
10the offices of a municipality of less than 3,000,000 population
11that is situated in 2 or more counties, a pollwatcher who is a
12resident of a county in which any part of the municipality is
13situated shall be eligible to serve as a pollwatcher in any
14polling place located within such municipality, provided that
15such pollwatcher otherwise complies with the respective
16requirements of subsections (1) through (4) of this Section and
17is a registered voter whose residence is within Illinois.
18    All pollwatchers shall be required to have proper
19credentials. Such credentials shall be printed in sufficient
20quantities, shall be issued by and under the facsimile
21signature(s) of the election authority and shall be available
22for distribution at least 2 weeks prior to the election. Such
23credentials shall be authorized by the real or facsimile
24signature of the State or local party official or the candidate
25or the presiding officer of the civic organization or the
26chairman of the proponent or opponent group, as the case may

 

 

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1be.
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)
8at .......... (address) in the county of ...........,
9.......... (township or municipality) of ........... (name),
10State of Illinois and who is duly registered to vote from this
11address, to act as a pollwatcher in the ........... precinct of
12the .......... ward (if applicable) of the ...........
13(township or municipality) of ........... at the ...........
14election to be held on (insert date).
15........................  (Signature of Appointing Authority)
16........................  TITLE  (party official,  candidate,
17                                civic organization president,
18                        proponent or opponent group chairman)
19    Under penalties provided by law pursuant to Section 29-10
20of the Election Code, the undersigned pollwatcher certifies
21that he or she resides at .............. (address) in the
22county of ........., ......... (township or municipality) of
23.......... (name), State of Illinois, and is duly registered to
24vote in Illinois.
25...........................        ..........................

 

 

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

 

 

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

 

 

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

 

 

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1    If a majority of the judges of election determine that the
2polling place has become too overcrowded with pollwatchers so
3as to interfere with the orderly conduct of the election, the
4judges shall, by lot, limit such pollwatchers to a reasonable
5number, except that each candidate and each established or new
6political party shall be permitted to have at least one
7pollwatcher present.
8    Representatives of an election authority, with regard to an
9election under its jurisdiction, the State Board of Elections,
10and law enforcement agencies, including but not limited to a
11United States Attorney, a State's attorney, the Attorney
12General, and a State, county, or local police department, in
13the performance of their official election duties, shall be
14permitted at all times to enter and remain in the polling
15place. Upon entering the polling place, such representatives
16shall display their official credentials or other
17identification to the judges of election.
18    Uniformed police officers assigned to polling place duty
19shall follow all lawful instructions of the judges of election.
20    The provisions of this Section shall also apply to
21supervised casting of vote by mail absentee ballots as provided
22in Section 19-12.2 of this Act.
23(Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07.)
 
24    (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
25    Sec. 7-61. Whenever a special election is necessary the

 

 

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1provisions of this Article are applicable to the nomination of
2candidates to be voted for at such special election.
3    In cases where a primary election is required the officer
4or board or commission whose duty it is under the provisions of
5this Act relating to general elections to call an election,
6shall fix a date for the primary for the nomination of
7candidates to be voted for at such special election. Notice of
8such primary shall be given at least 15 days prior to the
9maximum time provided for the filing of petitions for such a
10primary as provided in Section 7-12.
11    Any vacancy in nomination under the provisions of this
12Article 7 occurring on or after the primary and prior to
13certification of candidates by the certifying board or officer,
14must be filled prior to the date of certification. Any vacancy
15in nomination occurring after certification but prior to 15
16days before the general election shall be filled within 8 days
17after the event creating the vacancy. The resolution filling
18the vacancy shall be sent by U. S. mail or personal delivery to
19the certifying officer or board within 3 days of the action by
20which the vacancy was filled; provided, if such resolution is
21sent by mail and the U. S. postmark on the envelope containing
22such resolution is dated prior to the expiration of such 3 day
23limit, the resolution shall be deemed filed within such 3 day
24limit. Failure to so transmit the resolution within the time
25specified in this Section shall authorize the certifying
26officer or board to certify the original candidate. Vacancies

 

 

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1shall be filled by the officers of a local municipal or
2township political party as specified in subsection (h) of
3Section 7-8, other than a statewide political party, that is
4established only within a municipality or township and the
5managing committee (or legislative committee in case of a
6candidate for State Senator or representative committee in the
7case of a candidate for State Representative in the General
8Assembly or State central committee in the case of a candidate
9for statewide office, including but not limited to the office
10of United States Senator) of the respective political party for
11the territorial area in which such vacancy occurs.
12    The resolution to fill a vacancy in nomination shall be
13duly acknowledged before an officer qualified to take
14acknowledgements of deeds and shall include, upon its face, the
15following information:
16    (a) the name of the original nominee and the office
17vacated;
18    (b) the date on which the vacancy occurred;
19    (c) the name and address of the nominee selected to fill
20the vacancy and the date of selection.
21    The resolution to fill a vacancy in nomination shall be
22accompanied by a Statement of Candidacy, as prescribed in
23Section 7-10, completed by the selected nominee and a receipt
24indicating that such nominee has filed a statement of economic
25interests as required by the Illinois Governmental Ethics Act.
26    The provisions of Section 10-8 through 10-10.1 relating to

 

 

09800SB0172ham003- 72 -LRB098 04408 MGM 62669 a

1objections to certificates of nomination and nomination
2papers, hearings on objections, and judicial review, shall
3apply to and govern objections to resolutions for filling a
4vacancy in nomination.
5    Any vacancy in nomination occurring 15 days or less before
6the consolidated election or the general election shall not be
7filled. In this event, the certification of the original
8candidate shall stand and his name shall appear on the official
9ballot to be voted at the general election.
10    A vacancy in nomination occurs when a candidate who has
11been nominated under the provisions of this Article 7 dies
12before the election (whether death occurs prior to, on or after
13the day of the primary), or declines the nomination; provided
14that nominations may become vacant for other reasons.
15    If the name of no established political party candidate was
16printed on the consolidated primary ballot for a particular
17office and if no person was nominated as a write-in candidate
18for such office, a vacancy in nomination shall be created which
19may be filled in accordance with the requirements of this
20Section. If the name of no established political party
21candidate was printed on the general primary ballot for a
22particular office and if no person was nominated as a write-in
23candidate for such office, a vacancy in nomination shall be
24filled only by a person designated by the appropriate committee
25of the political party and only if that designated person files
26nominating petitions with the number of signatures required for

 

 

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1an established party candidate for that office within 75 days
2after the day of the general primary. The circulation period
3for those petitions begins on the day the appropriate committee
4designates that person. The person shall file his or her
5nominating petitions, statements of candidacy, notice of
6appointment by the appropriate committee, and receipt of filing
7his or her statement of economic interests together. These
8documents shall be filed at the same location as provided in
9Section 7-12. The electoral boards having jurisdiction under
10Section 10-9 to hear and pass upon objections to nominating
11petitions also shall hear and pass upon objections to
12nomination petitions filed by candidates under this paragraph.
13    A candidate for whom a nomination paper has been filed as a
14partisan candidate at a primary election, and who is defeated
15for his or her nomination at such primary election, is
16ineligible to be listed on the ballot at that general or
17consolidated election as a candidate of another political
18party.
19    A candidate seeking election to an office for which
20candidates of political parties are nominated by caucus who is
21a participant in the caucus and who is defeated for his or her
22nomination at such caucus, is ineligible to be listed on the
23ballot at that general or consolidated election as a candidate
24of another political party.
25    In the proceedings to nominate a candidate to fill a
26vacancy or to fill a vacancy in the nomination, each precinct,

 

 

09800SB0172ham003- 74 -LRB098 04408 MGM 62669 a

1township, ward, county or congressional district, as the case
2may be, shall through its representative on such central or
3managing committee, be entitled to one vote for each ballot
4voted in such precinct, township, ward, county or congressional
5district, as the case may be, by the primary electors of its
6party at the primary election immediately preceding the meeting
7at which such vacancy is to be filled.
8    For purposes of this Section, the words "certify" and
9"certification" shall refer to the act of officially declaring
10the names of candidates entitled to be printed upon the
11official ballot at an election and directing election
12authorities to place the names of such candidates upon the
13official ballot. "Certifying officers or board" shall refer to
14the local election official, election authority or the State
15Board of Elections, as the case may be, with whom nomination
16papers, including certificates of nomination and resolutions
17to fill vacancies in nomination, are filed and whose duty it is
18to "certify" candidates.
19(Source: P.A. 96-809, eff. 1-1-10; 96-848, eff. 1-1-10.)
 
20    (10 ILCS 5/8-17)  (from Ch. 46, par. 8-17)
21    Sec. 8-17. The death of any candidate prior to, or on, the
22date of the primary shall not affect the canvass of the
23ballots. If the result of such canvass discloses that such
24candidate, if he had lived, would have been nominated, such
25candidate shall be declared nominated.

 

 

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1    In the event that a candidate of a party who has been
2nominated under the provisions of this Article shall die before
3election (whether death occurs prior to, or on, or after, the
4date of the primary) or decline the nomination or should the
5nomination for any other reason become vacant, the legislative
6or representative committee of such party for such district
7shall nominate a candidate of such party to fill such vacancy.
8However, if there was no candidate for the nomination of the
9party in the primary, no candidate of that party for that
10office may be listed on the ballot at the general election,
11unless the legislative or representative committee of the party
12nominates a candidate to fill the vacancy in nomination within
1375 days after the date of the general primary election.
14Vacancies in nomination occurring under this Article shall be
15filled by the appropriate legislative or representative
16committee in accordance with the provisions of Section 7-61 of
17this Code. In proceedings to fill the vacancy in nomination,
18the voting strength of the members of the legislative or
19representative committee shall be as provided in Section 8-6.
20(Source: P.A. 96-1008, eff. 7-6-10.)
 
21    (10 ILCS 5/9-21)  (from Ch. 46, par. 9-21)
22    Sec. 9-21. Upon receipt of a complaint as provided in
23Section 9-20, the Board shall hold a closed preliminary hearing
24to determine whether or not the complaint appears to have been
25filed on justifiable grounds. Such closed preliminary hearing

 

 

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1shall be conducted as soon as practicable after affording
2reasonable notice, a copy of the complaint, and an opportunity
3to testify at such hearing to both the person making the
4complaint and the person against whom the complaint is
5directed. If the complaint is received between 31 and 15 days
6before an election about which the complaint is filed, then the
7Board shall, at a minimum, hold the closed preliminary hearing
8and make the determination of whether the complaint was filed
9upon justifiable grounds, prior to the election. If the Board
10finds that the complaint was filed upon justifiable grounds and
11determines that a public hearing is necessary, that hearing may
12be set prior to the election if time permits. If time does not
13so permit, the hearing shall take place as soon as practicable
14after the election. The complaint must be personally served on
15the respondent by the complainant and proof of service must be
16included with the complaint filed with the Board. In addition,
17the complaint must be accompanied by the $50 filing fee. If the
18complainant fails to personally serve the respondent and
19provide proof, or fails to pay the filing fee, then the Board
20shall not accept the complaint. Complaints involving any
21conduct that relates to an upcoming election shall not be
22accepted 14 or fewer business days before that election.
23However, those complaints may be filed at any time after that
24election. If the Board fails to determine that the complaint
25has been filed on justifiable grounds, it shall dismiss the
26complaint without further hearing. Any additional hearings

 

 

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1shall be open to the public.
2    Whenever the Board, in an open meeting, determines, after
3affording due notice and an opportunity for a public hearing,
4that any person has engaged or is about to engage in an act or
5practice which constitutes or will constitute a violation of
6any provision of this Article or any regulation or order issued
7thereunder, the Board shall issue an order directing such
8person to take such action as the Board determines may be
9necessary in the public interest to correct the violation.
10Except as provided above, the In addition, if the act or
11practice engaged in consists of the failure to file any
12required report within the time prescribed by this Article, the
13Board, as part of its order, shall further provide that if,
14within the 12-month period following the issuance of the order,
15such person fails to file within the time prescribed by this
16Article any subsequent report as may be required, such person
17may be subject to a civil penalty pursuant to Section 9-23. The
18Board shall render its final judgment within 60 days of the
19date the complaint is filed; except that during the 60 days
20preceding the date of the election in reference to which the
21complaint is filed, the Board shall render its final judgment
22within 7 days of the date the complaint is filed, and during
23the 7 days preceding such election, the Board shall render such
24judgment before the date of such election, if possible.
25    At any time prior to the issuance of the Board's final
26judgment, the parties may dispose of the complaint by a written

 

 

09800SB0172ham003- 78 -LRB098 04408 MGM 62669 a

1stipulation, agreed settlement or consent order. Any such
2stipulation, settlement or order shall, however, be submitted
3in writing to the Board and shall become effective only if
4approved by the Board in an open meeting. If the act or
5practice complained of consists of the failure to file any
6required report within the time prescribed by this Article,
7such stipulation, settlement or order may provide that if,
8within the 12-month period following the approval of such
9stipulation, agreement or order, the person complained of fails
10to file within the time prescribed by this Article any
11subsequent reports as may be required, such person may be
12subject to a civil penalty pursuant to Section 9-23.
13    Any person filing a complaint pursuant to Section 9-20 may,
14upon written notice to the other parties and to the Board,
15voluntarily withdraw the complaint at any time prior to the
16issuance of the Board's final determination.
17(Source: P.A. 96-832, eff. 1-1-11.)
 
18    (10 ILCS 5/10-7)  (from Ch. 46, par. 10-7)
19    Sec. 10-7. Any person whose name has been presented as a
20candidate, including nonpartisan and independent candidates,
21may cause his name to be withdrawn from any such nomination by
22his request in writing, signed by him and duly acknowledged
23before an officer qualified to take acknowledgment of deeds,
24and presented to the principal office or permanent branch
25office of the Board, the election authority, or the local

 

 

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1election official, as the case may be, not later than the date
2for certification of candidates for the ballot. No name so
3withdrawn shall be printed upon the ballots under the party
4appellation or title from which the candidate has withdrawn his
5name. If such a request for withdrawal is received after the
6date for certification of the candidates for the ballot, then
7the votes cast for the withdrawn candidate are invalid and
8shall not be reported by the election authority. If the name of
9the same person has been presented as a candidate for 2 or more
10offices which are incompatible so that the same person could
11not serve in more than one of such offices if elected, that
12person must withdraw as a candidate for all but one of such
13offices within the 5 business days following the last day for
14petition filing. If he fails to withdraw as a candidate for all
15but one of such offices within such time, his name shall not be
16certified, nor printed on the ballot, for any office. However,
17nothing in this section shall be construed as precluding a
18judge who is seeking retention in office from also being a
19candidate for another judicial office. Except as otherwise
20herein provided, in case the certificate of nomination or
21petition as provided for in this Article shall contain or
22exhibit the name of any candidate for any office upon more than
23one of said certificates or petitions (for the same office),
24then and in that case the Board or election authority or local
25election official, as the case may be, shall immediately notify
26said candidate of said fact and that his name appears

 

 

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1unlawfully upon more than one of said certificates or petitions
2and that within 3 days from the receipt of said notification,
3said candidate must elect as to which of said political party
4appellations or groups he desires his name to appear and remain
5under upon said ballot, and if said candidate refuses, fails or
6neglects to make such election, then and in that case the Board
7or election authority or local election official, as the case
8may be, shall permit the name of said candidate to appear or be
9printed or placed upon said ballot only under the political
10party appellation or group appearing on the certificate of
11nomination or petition, as the case may be, first filed, and
12shall strike or cause to be stricken the name of said candidate
13from all certificates of nomination and petitions filed after
14the first such certificate of nomination or petition.
15    Whenever the name of a candidate for an office is withdrawn
16from a new political party petition, it shall constitute a
17vacancy in nomination for that office which may be filled in
18accordance with Section 10-11 of this Article; provided, that
19if the names of all candidates for all offices on a new
20political party petition are withdrawn or such petition is
21declared invalid by an electoral board or upon judicial review,
22no vacancies in nomination for those offices shall exist and
23the filing of any notice or resolution purporting to fill
24vacancies in nomination shall have no legal effect.
25    Whenever the name of an independent candidate for an office
26is withdrawn or an independent candidate's petition is declared

 

 

09800SB0172ham003- 81 -LRB098 04408 MGM 62669 a

1invalid by an electoral board or upon judicial review, no
2vacancy in nomination for that office shall exist and the
3filing of any notice or resolution purporting to fill a vacancy
4in nomination shall have no legal effect.
5    All certificates of nomination and nomination papers when
6presented or filed shall be open, under proper regulation, to
7public inspection, and the State Board of Elections and the
8several election authorities and local election officials
9having charge of nomination papers shall preserve the same in
10their respective offices not less than 6 months.
11(Source: P.A. 98-115, eff. 7-29-13.)
 
12    (10 ILCS 5/11-4.1)  (from Ch. 46, par. 11-4.1)
13    Sec. 11-4.1. (a) In appointing polling places under this
14Article, the county board or board of election commissioners
15shall, insofar as they are convenient and available, use
16schools and other public buildings as polling places.
17    (b) Upon request of the county board or board of election
18commissioners, the proper agency of government (including
19school districts and units of local government) shall make a
20public building under its control available for use as a
21polling place on an election day and for a reasonably necessary
22time before and after election day, without charge. If the
23county board or board of election commissioners chooses a
24school to be a polling place, then the school district must
25make the school available for use as a polling place. However,

 

 

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1for the day of the election, a school district is encouraged to
2(i) close the school or (ii) hold a teachers institute on that
3day with students not in attendance.
4    (c) A government agency which makes a public building under
5its control available for use as a polling place shall (i)
6ensure the portion of the building to be used as the polling
7place is accessible to handicapped and elderly voters and (ii)
8allow the election authority to administer the election as
9authorized under this Code.
10    (d) If a qualified elector's precinct polling place is a
11school and the elector will be unable to enter that polling
12place without violating Section 11-9.3 of the Criminal Code of
132012 because the elector is a child sex offender as defined in
14Section 11-9.3 of the Criminal Code of 2012, that elector may
15vote by a vote by mail absentee ballot in accordance with
16Article 19 of this Code or may vote early in accordance with
17Article 19A of this Code.
18(Source: P.A. 97-1150, eff. 1-25-13; 98-773, eff. 7-18-14.)
 
19    (10 ILCS 5/11-7)  (from Ch. 46, par. 11-7)
20    Sec. 11-7. For the purpose of the conduct of any
21consolidated election, consolidated primary election, special
22municipal primary election or emergency referendum, an
23election authority may cluster up to four contiguous precincts
24as provided in this Section, which shall constitute a clustered
25voting zone. The common polling place for the clustered voting

 

 

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1zone shall be located within the territory comprising the
2clustered precincts. Unless the election authority specifies a
3larger number, only one election judge shall be appointed for
4each of the precincts in each clustered voting zone.
5    The judges so appointed may not all be affiliated with the
6same political party.
7    The conduct of an election in a clustered voting zone shall
8be under the general supervision of all the judges of election
9designated to serve in the clustered voting zone. The
10designated judges may perform the duties of election judges for
11the entire clustered voting zone. However, the requirements of
12Section 17-14 shall apply to voter assistance, the requirements
13of Section 24-10 shall apply to voter instruction, the
14requirement of Section 24A-10 shall apply to examination of
15vote by mail absentee ballots, and any disputes as to
16entitlement to vote, challenges, counting of ballots or other
17matters pertaining directly to voting shall be decided by those
18designated judges appointed for the precinct in which the
19affected voter resides or the disputed vote is to be counted.
20    This Section does not apply to any elections in
21municipalities with more than 1,000,000 inhabitants.
22(Source: P.A. 90-358, eff. 1-1-98.)
 
23    (10 ILCS 5/12-1)  (from Ch. 46, par. 12-1)
24    Sec. 12-1. At least 60 days prior to each general and
25consolidated election, the election authority shall provide

 

 

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1public notice, calculated to reach elderly and handicapped
2voters, of the availability of registration and voting aids
3under the Federal Voting Accessibility for the Elderly and
4Handicapped Act, of the availability of assistance in marking
5the ballot, procedures for voting by vote by mail absentee
6ballot, and procedures for voting early by personal appearance.
7    At least 30 days before any general election, and at least
820 days before any special congressional election, the county
9clerk shall publish a notice of the election in 2 or more
10newspapers published in the county, city, village,
11incorporated town or town, as the case may be, or if there is
12no such newspaper, then in any 2 or more newspapers published
13in the county and having a general circulation throughout the
14community. The notice may be substantially as follows:
15    Notice is hereby given that on (give date), at (give the
16place of holding the election and the name of the precinct or
17district) in the county of (name county), an election will be
18held for (give the title of the several offices to be filled),
19which election will be open at 6:00 a.m. and continued open
20until 7:00 p.m. of that day.
21    Dated at .... on (insert date).
22(Source: P.A. 94-645, eff. 8-22-05.)
 
23    (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
24    Sec. 13-1. In counties not under township organization, the
25county board of commissioners shall at its meeting in July in

 

 

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1each even-numbered year appoint in each election precinct 5
2capable and discreet persons meeting the qualifications of
3Section 13-4 to be judges of election. Where neither voting
4machines nor electronic, mechanical or electric voting systems
5are used, the county board may, for any precinct with respect
6to which the board considers such action necessary or desirable
7in view of the number of voters, and shall for general
8elections for any precinct containing more than 600 registered
9voters, appoint in addition to the 5 judges of election a team
10of 5 tally judges. In such precincts the judges of election
11shall preside over the election during the hours the polls are
12open, and the tally judges, with the assistance of the holdover
13judges designated pursuant to Section 13-6.2, shall count the
14vote after the closing of the polls. However, the County Board
15of Commissioners may appoint 3 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. The tally judges shall
22possess the same qualifications and shall be appointed in the
23same manner and with the same division between political
24parties as is provided for judges of election.
25    In addition to such precinct judges, the county board of
26commissioners shall appoint special panels of 3 judges each,

 

 

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

 

 

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1party is entitled to one judge of election shall be determined
2in the same manner as set forth in the next two preceding
3sentences with regard to 5 election judges in each precinct.
4Such certified list shall be filed with the county clerk not
5less than 10 days before the annual meeting of the county board
6of commissioners. Such list shall be arranged according to
7precincts. The chairman of each county central committee shall,
8insofar as possible, list persons who reside within the
9precinct in which they are to serve as judges. However, he may,
10in his sole discretion, submit the names of persons who reside
11outside the precinct but within the county embracing the
12precinct in which they are to serve. He must, however, submit
13the names of at least 2 residents of the precinct for each
14precinct in which his party is to have 3 judges and must submit
15the name of at least one resident of the precinct for each
16precinct in which his party is to have 2 judges. The county
17board of commissioners shall acknowledge in writing to each
18county chairman the names of all persons submitted on such
19certified list and the total number of persons listed thereon.
20If no such list is filed or such list is incomplete (that is,
21no names or an insufficient number of names are furnished for
22certain election precincts), the county board of commissioners
23shall make or complete such list from the names contained in
24the supplemental list provided for in Section 13-1.1. The
25election judges shall hold their office for 2 years from their
26appointment, and until their successors are duly appointed in

 

 

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1the manner provided in this Act. The county board of
2commissioners shall fill all vacancies in the office of judge
3of election at any time in the manner provided in this Act.
4(Source: P.A. 94-1000, eff. 7-3-06.)
 
5    (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
6    Sec. 13-2. Appointment of election judges in counties
7having a population of less than 3,000,000. In counties under
8the township organization the county board shall at its meeting
9in July in each even-numbered year except in counties
10containing a population of 3,000,000 inhabitants or over and
11except when such judges are appointed by election
12commissioners, select in each election precinct in the county,
135 capable and discreet persons to be judges of election who
14shall possess the qualifications required by this Act for such
15judges. Where neither voting machines nor electronic,
16mechanical or electric voting systems are used, the county
17board may, for any precinct with respect to which the board
18considers such action necessary or desirable in view of the
19number of voters, and shall for general elections for any
20precinct containing more than 600 registered voters, appoint in
21addition to the 5 judges of election a team of 5 tally judges.
22In such precincts the judges of election shall preside over the
23election during the hours the polls are open, and the tally
24judges, with the assistance of the holdover judges designated
25pursuant to Section 13-6.2, shall count the vote after the

 

 

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1closing of the polls. The tally judges shall possess the same
2qualifications and shall be appointed in the same manner and
3with the same division between political parties as is provided
4for judges of election.
5    However, the county board may appoint 3 judges of election
6to serve in lieu of the 5 judges of election otherwise required
7by this Section 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.
12    In addition to such precinct judges, the county board shall
13appoint special panels of 3 judges each, who shall possess the
14same qualifications and shall be appointed in the same manner
15and with the same division between political parties as is
16provided for other judges of election. The number of such
17panels of judges required shall be determined by regulations of
18the State Board of Elections, which shall base the required
19number of special panels on the number of registered voters in
20the jurisdiction or the number of vote by mail and early
21absentee ballots voted at recent elections or any combination
22of such factors.
23    No more than 3 persons of the same political party shall be
24appointed judges in the same election district or undivided
25precinct. The election of the judges of election in the various
26election precincts shall be made in the following manner: The

 

 

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

 

 

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1precinct for each precinct in which his party is to have 3
2judges and must submit the name of at least one resident of the
3precinct for each precinct in which his party is to have 2
4judges. Such certified list, if filed, shall be filed with the
5county clerk not less than 20 days before the annual meeting of
6the county board. The county board shall acknowledge in writing
7to each county chairman the names of all persons submitted on
8such certified list and the total number of persons listed
9thereon. If no such list is filed or the list is incomplete
10(that is, no names or an insufficient number of names are
11furnished for certain election precincts), the county board
12shall make or complete such list from the names contained in
13the supplemental list provided for in Section 13-1.1. Provided,
14further, that in any case where a township has been or shall be
15redistricted, in whole or in part, subsequent to one general
16election for Governor, and prior to the next, the judges of
17election to be selected for all new or altered precincts shall
18be selected in that one of the methods above detailed, which
19shall be applicable according to the facts and circumstances of
20the particular case, but the majority of such judges for each
21such precinct shall be selected from the first leading
22political party, and the minority judges from the second
23leading political party. Provided, further, that in counties
24having a population of 1,000,000 inhabitants or over the
25selection of judges of election shall be made in the same
26manner in all respects as in other counties, except that the

 

 

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1provisions relating to tally judges are inapplicable to such
2counties and except that the county board shall meet during the
3month of January for the purpose of making such selection and
4the chairman of each county central committee shall notify the
5county board by the preceding October 1 whether or not the
6certified list will be filed. Such judges of election shall
7hold their office for 2 years from their appointment and until
8their successors are duly appointed in the manner provided in
9this Act. The county board shall fill all vacancies in the
10office of judges of elections at any time in the manner herein
11provided.
12    Such selections under this Section shall be confirmed by
13the circuit court as provided in Section 13-3 of this Article.
14(Source: P.A. 94-1000, eff. 7-3-06.)
 
15    (10 ILCS 5/13-3.5 new)
16    Sec. 13-3.5. Appointment of election judges in counties
17having a population of more than 3,000,000. In counties under
18the township organization the county board shall at its meeting
19in January in each even-numbered year with a population of
203,000,000 inhabitants or over and except when such judges are
21appointed by election commissioners, select in each election
22precinct in the county, 5 capable and discreet persons to be
23judges of election who shall possess the qualifications
24required by this Act for such judges. Where neither voting
25machines nor electronic, mechanical or electric voting systems

 

 

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1are used, the county board may, for any precinct with respect
2to which the board considers such action necessary or desirable
3in view of the number of voters, and shall for general
4elections for any precinct containing more than 600 registered
5voters, appoint in addition to the 5 judges of election a team
6of 5 tally judges. In such precincts the judges of election
7shall preside over the election during the hours the polls are
8open, and the tally judges, with the assistance of the holdover
9judges designated pursuant to Section 13-6.2, shall count the
10vote after the closing of the polls. The tally judges shall
11possess the same qualifications and shall be appointed in the
12same manner and with the same division between political
13parties as is provided for judges of election.
14    However, the county board may appoint 3 judges of election
15to serve in lieu of the 5 judges of election otherwise required
16by this Section to serve in any emergency referendum, or in any
17odd-year regular election or in any special primary or special
18election called for the purpose of filling a vacancy in the
19office of representative in the United States Congress or to
20nominate candidates for such purpose.
21    In addition to such precinct judges, the county board shall
22appoint special panels of 3 judges each, who shall possess the
23same qualifications and shall be appointed in the same manner
24and with the same division between political parties as is
25provided for other judges of election. The number of such
26panels of judges required shall be determined by regulations of

 

 

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1the State Board of Elections, which shall base the required
2number of special panels on the number of registered voters in
3the jurisdiction or the number of vote by mail and early
4ballots voted at recent elections or any combination of such
5factors.
6    No more than 3 persons of the same political party shall be
7appointed judges in the same election district or undivided
8precinct. The election of the judges of election in the various
9election precincts shall be made in the following manner: The
10county board shall select and approve 3 of the election judges
11in each precinct from a certified list furnished by the
12township committeeperson precinct from a certified list
13furnished by the township committeeperson of the second leading
14political party in such election precinct. However, if only 3
15judges of election serve in each election precinct, no more
16than 2 persons of the same political party shall be judges of
17election in the same election precinct; and which political
18party is entitled to 2 judges of election and which political
19party is entitled to one judge of election shall be determined
20in the same manner as set forth in the next two preceding
21sentences with regard to 5 election judges in each precinct.
22The respective township committeeperson shall notify the
23county board by October 1 of each odd-numbered year immediately
24preceding the annual meeting of the county board whether or not
25such certified list will be filed by such township
26committeeperson. Such list shall be arranged according to

 

 

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1precincts. The township committeeperson of each township
2shall, insofar as possible, list persons who reside within the
3precinct in which they are to serve as judges. However, he may,
4in his sole discretion, submit the names of persons who reside
5outside the precinct but within the county embracing the
6precinct in which they are to serve. He must, however, submit
7the names of at least 2 residents of the precinct for each
8precinct in which his party is to have 3 judges and must submit
9the name of at least one resident of the precinct for each
10precinct in which his party is to have 2 judges. Such certified
11list, if filed, shall be filed with the county clerk not less
12than 20 days before the annual meeting of the county board. The
13county board shall acknowledge in writing to each township
14committeeperson the names of all persons submitted on such
15certified list and the total number of persons listed thereon.
16If no such list is filed or the list is incomplete (that is, no
17names or an insufficient number of names are furnished for
18certain election precincts), the county board shall make or
19complete such list from the names contained in the supplemental
20list provided for in Section 13-1.1. Provided, further, that in
21any case where a township has been or shall be redistricted, in
22whole or in part, subsequent to one general election for
23Governor, and prior to the next, the judges of election to be
24selected for all new or altered precincts shall be selected in
25that one of the methods above detailed, which shall be
26applicable according to the facts and circumstances of the

 

 

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1particular case, but the majority of such judges for each such
2precinct shall be selected from the first leading political
3party, and the minority judges from the second leading
4political party. Such judges of election shall hold their
5office for 2 years from their appointment and until their
6successors are duly appointed in the manner provided in this
7Act. The county board shall fill all vacancies in the office of
8judges of elections at any time in the manner herein provided.
9    Such selections under this Section shall be confirmed by
10the circuit court as provided in Section 13-3 of this Article.
 
11    (10 ILCS 5/13-10)  (from Ch. 46, par. 13-10)
12    Sec. 13-10. The compensation of the judges of all primaries
13and all elections, except judges supervising vote by mail
14absentee ballots as provided in Section 19-12.2 of this Act, in
15counties of less than 600,000 inhabitants shall be fixed by the
16respective county boards or boards of election commissioners in
17all counties and municipalities, but in no case shall such
18compensation be less than $35 per day. The compensation of
19judges of all primaries and all elections not under the
20jurisdiction of the county clerk, except judges supervising
21vote by mail absentee balloting as provided in Section 19-12.2
22of this Act, in counties having a population of 2,000,000 or
23more shall be not less than $60 per day. The compensation of
24judges of all primaries and all elections under the
25jurisdiction of the county clerk, except judges supervising

 

 

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1vote by mail absentee balloting as provided in Section 19-12.2
2of this Act, in counties having a population of 2,000,000 or
3more shall be not less than $60 per day. The compensation of
4judges of all primaries and all elections, except judges
5supervising vote by mail absentee ballots as provided in
6Section 19-12.2 of this Act, in counties having a population of
7at least 600,000 but less than 2,000,000 inhabitants shall be
8not less than $45 per day as fixed by the county board of
9election commissioners of each such county. In addition to
10their per day compensation and notwithstanding the limitations
11thereon stated herein, the judges of election, in all counties
12with a population of less than 600,000, shall be paid $3 each
13for each 100 voters or portion thereof, in excess of 200 voters
14voting for candidates in the election district or precinct
15wherein the judge is serving, whether a primary or an election
16is being held. However, no such extra compensation shall be
17paid to the judges of election in any precinct in which no
18paper ballots are counted by such judges of election. The 2
19judges of election in counties having a population of less than
20600,000 who deliver the returns to the county clerk shall each
21be allowed and paid a sum to be determined by the election
22authority for such services and an additional sum per mile to
23be determined by the election authority for every mile
24necessarily travelled in going to and returning from the office
25or place to which they deliver the returns. The compensation
26for mileage shall be consistent with current rates paid for

 

 

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1mileage to employees of the county.
2    However, all judges who have been certified by the County
3Clerk or Board of Election Commissioners as having
4satisfactorily completed, within the 2 years preceding the day
5of election, the training course for judges of election, as
6provided in Sections 13-2.1, 13-2.2 and 14-4.1 of this Act,
7shall receive additional compensation of not less than $10 per
8day in counties of less than 600,000 inhabitants, the
9additional compensation of not less than $10 per day in
10counties having a population of at least 600,000 but less than
112,000,000 inhabitants as fixed by the county board of election
12commissioners of each such county, and additional compensation
13of not less than $20 per day in counties having a population of
142,000,000 or more for primaries and elections not under the
15jurisdiction of the county clerk, and additional compensation
16of not less than $20 per day in counties having a population of
172,000,000 or more for primaries and elections under the
18jurisdiction of the county clerk.
19    In precincts in which there are tally judges, the
20compensation of the tally judges shall be 2/3 of that of the
21judges of election and each holdover judge shall be paid the
22compensation of a judge of election plus that of a tally judge.
23    Beginning on the effective date of this amendatory Act of
241998, the portion of an election judge's daily compensation
25reimbursed by the State Board of Elections is increased by $15.
26The increase provided by this amendatory Act of 1998 must be

 

 

09800SB0172ham003- 99 -LRB098 04408 MGM 62669 a

1used to increase each judge's compensation and may not be used
2by the county to reduce its portion of a judge's compensation.
3    Beginning on the effective date of this amendatory Act of
4the 95th General Assembly, the portion of an election judge's
5daily compensation reimbursement by the State Board of
6Elections is increased by an additional $20. The increase
7provided by this amendatory Act of the 95th General Assembly
8must be used to increase each judge's compensation and may not
9be used by the election authority or election jurisdiction to
10reduce its portion of a judge's compensation.
11(Source: P.A. 95-699, eff. 11-9-07.)
 
12    (10 ILCS 5/14-3.1)  (from Ch. 46, par. 14-3.1)
13    Sec. 14-3.1. Boards of election commissioners in election
14jurisdictions other than municipalities with a population of
15more than 500,000. The board of election commissioners shall,
16during the month of July of each even-numbered year, select for
17each election precinct within the jurisdiction of the board 5
18persons to be judges of election who shall possess the
19qualifications required by this Act for such judges. The
20selection shall be made by a county board of election
21commissioners in the following manner: the county board of
22election commissioners shall select and approve 3 persons as
23judges of election in each election precinct from a certified
24list furnished by the chairman of the county central committee
25of the first leading political party in that precinct; the

 

 

09800SB0172ham003- 100 -LRB098 04408 MGM 62669 a

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

 

 

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1election commissioners' selection of election judges in each
2precinct, whichever is appropriate. In addition to such
3precinct judges, the board of election commissioners shall
4appoint special panels of 3 judges each, who shall possess the
5same qualifications and shall be appointed in the same manner
6and with the same division between political parties as is
7provided for other judges of election. The number of such
8panels of judges required shall be determined by regulation of
9the State Board of Elections, which shall base the required
10number of special panels on the number of registered voters in
11the jurisdiction or the number of vote by mail or early
12absentee ballots voted at recent elections or any combination
13of such factors. A municipal board of election commissioners
14shall make the selections of persons qualified under Section
1514-1 from certified lists furnished by the chairman of the
16respective county central committees of the 2 leading political
17parties. Lists furnished by chairmen of county central
18committees under this Section shall be arranged according to
19precincts. The chairman of each county central committee shall,
20insofar as possible, list persons who reside within the
21precinct in which they are to serve as judges. However, he may,
22in his sole discretion, submit the names of persons who reside
23outside the precinct but within the county embracing the
24precinct in which they are to serve. He must, however, submit
25the names of at least 2 residents of the precinct for each
26precinct in which his party is to have 3 judges and must submit

 

 

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1the name of at least one resident of the precinct for each
2precinct in which his party is to have 2 judges. The board of
3election commissioners shall no later than March 1 of each
4even-numbered year notify the chairmen of the respective county
5central committees of their responsibility to furnish such
6lists, and each such chairman shall furnish the board of
7election commissioners with the list for his party on or before
8May 1 of each even-numbered year. The board of election
9commissioners shall acknowledge in writing to each county
10chairman the names of all persons submitted on such certified
11list and the total number of persons listed thereon. If no such
12list is furnished or if no names or an insufficient number of
13names are furnished for certain precincts, the board of
14election commissioners shall make or complete such list from
15the names contained in the supplemental list provided for in
16Section 14-3.2. Judges of election shall hold their office for
172 years from their appointment and until their successors are
18duly appointed in the manner herein provided. The board of
19election commissioners shall, subject to the provisions of
20Section 14-3.2, fill all vacancies in the office of judges of
21election at any time in the manner herein provided.
22    Such selections under this Section shall be confirmed by
23the court as provided in Section 14-5.
24(Source: P.A. 94-1000, eff. 7-3-06.)
 
25    (10 ILCS 5/14-3.1A new)

 

 

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1    Sec. 14-3.1A. Boards of election commissioners in
2municipalities with a population of more than 500,000. The
3board of election commissioners shall, during the month of July
4of each even-numbered year, select for each election precinct
5within the jurisdiction of the board 5 persons to be judges of
6election who shall possess the qualifications required by this
7Act for such judges. The selection shall be made by a county
8board of election commissioners in the following manner: the
9county board of election commissioners shall select and approve
103 persons as judges of election in each election precinct from
11a certified list furnished by the ward committeeperson for each
12ward in the municipality of the first leading political party
13in that precinct; the county board of election commissioners
14also shall select and approve 2 persons as judges of election
15in each election precinct from a certified list furnished by
16the ward committeeperson for each ward in the municipality of
17the second leading political party in that precinct. The
18selection by a municipal board of election commissioners shall
19be made in the following manner: for each precinct, 3 judges
20shall be selected from one of the 2 leading political parties
21and the other 2 judges shall be selected from the other leading
22political party; the parties entitled to 3 and 2 judges,
23respectively, in the several precincts shall be determined as
24provided in Section 14-4. However, a Board of Election
25Commissioners may appoint three judges of election to serve in
26lieu of the 5 judges of election otherwise required by this

 

 

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

 

 

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1selections of persons qualified under Section 14-1 from
2certified lists furnished by the ward committeeperson of the
3respective ward, or the ward committeeperson in a municipality
4with more than 500,000 inhabitants, of the 2 leading political
5parties. Lists furnished by ward committeepersons under this
6Section shall be arranged according to precincts. The ward
7committeepersons shall, insofar as possible, list persons who
8reside within the precinct in which they are to serve as
9judges. However, he or she may, in his or her sole discretion,
10submit the names of persons who reside outside the precinct but
11within the county embracing the precinct in which they are to
12serve. He or she must, however, submit the names of at least 2
13residents of the precinct for each precinct in which his party
14is to have 3 judges and must submit the name of at least one
15resident of the precinct for each precinct in which his party
16is to have 2 judges. The board of election commissioners shall
17no later than March 1 of each even-numbered year notify the
18ward committeepersons of their responsibility to furnish such
19lists, and each such ward committeeperson shall furnish the
20board of election commissioners with the list for his party on
21or before May 1 of each even-numbered year. The board of
22election commissioners shall acknowledge in writing to each
23county chairman the names of all persons submitted on such
24certified list and the total number of persons listed thereon.
25If no such list is furnished or if no names or an insufficient
26number of names are furnished for certain precincts, the board

 

 

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1of election commissioners shall make or complete such list from
2the names contained in the supplemental list provided for in
3Section 14-3.2. Judges of election shall hold their office for
42 years from their appointment and until their successors are
5duly appointed in the manner herein provided. The board of
6election commissioners shall, subject to the provisions of
7Section 14-3.2, fill all vacancies in the office of judges of
8election at any time in the manner herein provided.
9    Such selections under this Section shall be confirmed by
10the court as provided in Section 14-5.
 
11    (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)
12    Sec. 16-5.01. (a) The election authority shall, at least 46
13days prior to the date of any election at which federal
14officers are elected and 45 days prior to any other regular
15election, have a sufficient number of ballots printed so that
16such ballots will be available for mailing 45 days prior to the
17date of the election to persons who have filed application for
18a ballot under the provisions of Article 20 of this Act.
19    (b) If at any election at which federal offices are elected
20or nominated the election authority is unable to comply with
21the provisions of subsection (a), the election authority shall
22mail to each such person, in lieu of the ballot, a Special
23Write-in Vote by Mail Absentee Voter's Blank Ballot. The
24Special Write-in Vote by Mail Absentee Voter's Blank Ballot
25shall be used at all elections at which federal officers are

 

 

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1elected or nominated and shall be prepared by the election
2authority in substantially the following form:
3
Special Write-in Vote by Mail Absentee Voter's Blank Ballot
4    (To vote for a person, write the title of the office and
5his or her name on the lines provided. Place to the left of and
6opposite the title of office a square and place a cross (X) in
7the square.)
8        Title of Office                 Name of Candidate
9(    )                                                       
10(    )                                                       
11(    )                                                       
12(    )                                                       
13(    )                                                       
14(    )                                                       
15    The election authority shall send with the Special Write-in
16Vote by Mail Absentee Voter's Blank Ballot a list of all
17referenda for which the voter is qualified to vote and all
18candidates for whom nomination papers have been filed and for
19whom the voter is qualified to vote. The voter shall be
20entitled to write in the name of any candidate seeking election
21and any referenda for which he or she is entitled to vote.
22    On the back or outside of the ballot, so as to appear when
23folded, shall be printed the words "Official Ballot", the date
24of the election and a facsimile of the signature of the
25election authority who has caused the ballot to be printed.
26    The provisions of Article 20, insofar as they may be

 

 

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1applicable to the Special Write-in Vote by Mail Absentee
2Voter's Blank Ballot, shall be applicable herein.
3    (c) Notwithstanding any provision of this Code or other law
4to the contrary, the governing body of a municipality may
5adopt, upon submission of a written statement by the
6municipality's election authority attesting to the
7administrative ability of the election authority to administer
8an election using a ranked ballot to the municipality's
9governing body, an ordinance requiring, and that
10municipality's election authority shall prepare, a ranked vote
11by mail absentee ballot for municipal and township office
12candidates to be voted on in the consolidated election. This
13ranked ballot shall be for use only by a qualified voter who
14either is a member of the United States military or will be
15outside of the United States on the consolidated primary
16election day and the consolidated election day. The ranked
17ballot shall contain a list of the titles of all municipal and
18township offices potentially contested at both the
19consolidated primary election and the consolidated election
20and the candidates for each office and shall permit the elector
21to vote in the consolidated election by indicating his or her
22order of preference for each candidate for each office. To
23indicate his or her order of preference for each candidate for
24each office, the voter shall put the number one next to the
25name of the candidate who is the voter's first choice, the
26number 2 for his or her second choice, and so forth so that, in

 

 

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1consecutive numerical order, a number indicating the voter's
2preference is written by the voter next to each candidate's
3name on the ranked ballot. The voter shall not be required to
4indicate his or her preference for more than one candidate on
5the ranked ballot. The voter may not cast a write-in vote using
6the ranked ballot for the consolidated election. The election
7authority shall, if using the ranked vote by mail absentee
8ballot authorized by this subsection, also prepare
9instructions for use of the ranked ballot. The ranked ballot
10for the consolidated election shall be mailed to the voter at
11the same time that the ballot for the consolidated primary
12election is mailed to the voter and the election authority
13shall accept the completed ranked ballot for the consolidated
14election when the authority accepts the completed ballot for
15the consolidated primary election.
16    The voter shall also be sent a vote by mail an absentee
17ballot for the consolidated election for those races that are
18not related to the results of the consolidated primary election
19as soon as the consolidated election ballot is certified.
20    The State Board of Elections shall adopt rules for election
21authorities for the implementation of this subsection,
22including but not limited to the application for and counting
23of ranked ballots.
24(Source: P.A. 96-1004, eff. 1-1-11; 97-81, eff. 7-5-11.)
 
25    (10 ILCS 5/17-8)  (from Ch. 46, par. 17-8)

 

 

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1    Sec. 17-8. The county clerk shall provide in each polling
2place, so designated or provided a sufficient number of booths,
3which shall be provided with such supplies and conveniences,
4including shelves, pens, penholders, ink, blotters and
5pencils, as will enable the voter to prepare his ballot for
6voting, and in which voters may prepare their ballots screened
7from all observation as to the manner in which they do so. They
8shall be within plain view of election officers, and both they
9and the ballot boxes shall be within plain view of those within
10the proximity of the voting booths. Each of said booths shall
11have 3 sides enclosed, one side in front, to be closed with a
12curtain. Each side of each booth shall be 6 feet 4 inches and
13the curtain shall extend within 2 feet of the floor, which
14shall be closed while the voter is preparing his ballot. Each
15booth shall be at least 32 inches square and shall contain a
16shelf at least one foot wide, at a convenient height for
17writing. No person other than the election officers and the
18challengers allowed by law, and those admitted for the purpose
19of voting as herein provided, shall be permitted within the
20proximity of the voting booths, (i) except by authority of the
21election officers to keep order and enforce the law and (ii)
22except that one or more children under the age of 18 may
23accompany their parent or guardian into the voting booth as
24long as a request to do so is made to the election officers
25and, in the sole discretion of the election officers, the child
26or children are not likely to disrupt or interfere with the

 

 

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1voting process or influence the casting of a vote. The number
2of such voting booths shall not be less than one to every 75
3voters or fraction thereof who voted at the last preceding
4election in the precinct. The expense of providing booths and
5other things required in this Act shall be paid in the same
6manner as other election expenses.
7    Where electronic voting systems are used, a booth with a
8self-contained electronic voting device may be used. Each such
9booth shall have 3 sides enclosed and shall be equipped with a
10curtain for closing the front of the booth. The curtain must
11extend to within 2 feet of the floor. Each side shall be of
12such a height, in no event less than 5 feet, one inch, as to
13insure the secrecy of the voter. Each booth shall be at least
1432 inches square, provided, however, that where a booth is no
15more than 23 inches wide and the sides of such booth extend
16from a point below the device to a height of 5 feet, one inch,
17at the front of the booth, and such booth insures that voters
18may prepare their ballots in secrecy, such booth may be used.
19If an election authority provides each polling place with
20stickers or emblems to be given to voters indicating that the
21person has voted, no person who has voted shall be denied such
22sticker or emblem.
23(Source: P.A. 94-288, eff. 1-1-06.)
 
24    (10 ILCS 5/17-9)  (from Ch. 46, par. 17-9)
25    Sec. 17-9. Any person desiring to vote shall give his name

 

 

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1and, if required to do so, his residence to the judges of
2election, one of whom shall thereupon announce the same in a
3loud and distinct tone of voice, clear, and audible; the judges
4of elections shall check each application for ballot against
5the list of voters registered in that precinct to whom grace
6period, vote by mail absentee, or early ballots have been
7issued for that election, which shall be provided by the
8election authority and which list shall be available for
9inspection by pollwatchers. A voter applying to vote in the
10precinct on election day whose name appears on the list as
11having been issued a grace period, vote by mail absentee, or
12early ballot shall not be permitted to vote in the precinct,
13except that a voter to whom a vote by mail an absentee ballot
14was issued may vote in the precinct if the voter submits to the
15election judges that vote by mail absentee ballot for
16cancellation. If the voter is unable to submit the vote by mail
17absentee ballot, it shall be sufficient for the voter to submit
18to the election judges (i) a portion of the vote by mail
19absentee ballot if the vote by mail absentee ballot was torn or
20mutilated or (ii) an affidavit executed before the election
21judges specifying that (A) the voter never received a vote by
22mail an absentee ballot or (B) the voter completed and returned
23a vote by mail an absentee ballot and was informed that the
24election authority did not receive that vote by mail absentee
25ballot. All applicable provisions of Articles 4, 5 or 6 shall
26be complied with and if such name is found on the register of

 

 

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1voters by the officer having charge thereof, he shall likewise
2repeat said name, and the voter shall be allowed to enter
3within the proximity of the voting booths, as above provided.
4One of the judges shall give the voter one, and only one of
5each ballot to be voted at the election, on the back of which
6ballots such judge shall indorse his initials in such manner
7that they may be seen when each such ballot is properly folded,
8and the voter's name shall be immediately checked on the
9register list. In those election jurisdictions where
10perforated ballot cards are utilized of the type on which
11write-in votes can be cast above the perforation, the election
12authority shall provide a space both above and below the
13perforation for the judge's initials, and the judge shall
14endorse his or her initials in both spaces. Whenever a proposal
15for a constitutional amendment or for the calling of a
16constitutional convention is to be voted upon at the election,
17the separate blue ballot or ballots pertaining thereto shall,
18when being handed to the voter, be placed on top of the other
19ballots to be voted at the election in such manner that the
20legend appearing on the back thereof, as prescribed in Section
2116-6 of this Act, shall be plainly visible to the voter. At all
22elections, when a registry may be required, if the name of any
23person so desiring to vote at such election is not found on the
24register of voters, he or she shall not receive a ballot until
25he or she shall have complied with the law prescribing the
26manner and conditions of voting by unregistered voters. If any

 

 

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1person desiring to vote at any election shall be challenged, he
2or she shall not receive a ballot until he or she shall have
3established his right to vote in the manner provided
4hereinafter; and if he or she shall be challenged after he has
5received his ballot, he shall not be permitted to vote until he
6or she has fully complied with such requirements of the law
7upon being challenged. Besides the election officer, not more
8than 2 voters in excess of the whole number of voting booths
9provided shall be allowed within the proximity of the voting
10booths at one time. The provisions of this Act, so far as they
11require the registration of voters as a condition to their
12being allowed to vote shall not apply to persons otherwise
13entitled to vote, who are, at the time of the election, or at
14any time within 60 days prior to such election have been
15engaged in the military or naval service of the United States,
16and who appear personally at the polling place on election day
17and produce to the judges of election satisfactory evidence
18thereof, but such persons, if otherwise qualified to vote,
19shall be permitted to vote at such election without previous
20registration.
21    All such persons shall also make an affidavit which shall
22be in substantially the following form:
23State of Illinois,)
24                  ) ss.
25County of ........)
26............... Precinct   .......... Ward

 

 

09800SB0172ham003- 115 -LRB098 04408 MGM 62669 a

1    I, ...., do solemnly swear (or affirm) that I am a citizen
2of the United States, of the age of 18 years or over, and that
3within the past 60 days prior to the date of this election at
4which I am applying to vote, I have been engaged in the ....
5(military or naval) service of the United States; and I am
6qualified to vote under and by virtue of the Constitution and
7laws of the State of Illinois, and that I am a legally
8qualified voter of this precinct and ward except that I have,
9because of such service, been unable to register as a voter;
10that I now reside at .... (insert street and number, if any) in
11this precinct and ward; that I have maintained a legal
12residence in this precinct and ward for 30 days and in this
13State 30 days next preceding this election.
14
.........................
15    Subscribed and sworn to before me on (insert date).
16
.........................
17
Judge of Election.

 
18    The affidavit of any such person shall be supported by the
19affidavit of a resident and qualified voter of any such
20precinct and ward, which affidavit shall be in substantially
21the following form:
22State of Illinois,)
23                  ) ss.
24County of ........)
25........... Precinct   ........... Ward

 

 

09800SB0172ham003- 116 -LRB098 04408 MGM 62669 a

1    I, ...., do solemnly swear (or affirm), that I am a
2resident of this precinct and ward and entitled to vote at this
3election; that I am acquainted with .... (name of the
4applicant); that I verily believe him to be an actual bona fide
5resident of this precinct and ward and that I verily believe
6that he or she has maintained a legal residence therein 30 days
7and in this State 30 days next preceding this election.
8
.........................
9    Subscribed and sworn to before me on (insert date).
10
.........................
11
Judge of Election.

 
12    All affidavits made under the provisions of this Section
13shall be enclosed in a separate envelope securely sealed, and
14shall be transmitted with the returns of the elections to the
15county clerk or to the board of election commissioners, who
16shall preserve the said affidavits for the period of 6 months,
17during which period such affidavits shall be deemed public
18records and shall be freely open to examination as such.
19(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06.)
 
20    (10 ILCS 5/17-18.1)  (from Ch. 46, par. 17-18.1)
21    Sec. 17-18.1. Wherever the judicial retention ballot to be
22used in any general election contains the names of more than 15
23judges on a separate paper ballot, the County Clerk or Board of
24Election Commissioners as the case may be, shall designate

 

 

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1special judges of election for the purpose of tallying and
2canvassing the votes cast for and against the propositions for
3the retention of judges in office in such places and at such
4times as the County Clerk or Board of Election Commissioners
5determine. Special judges of election shall be designated from
6certified lists submitted by the respective chairmen of the
7county central committees of the two leading political parties.
8In the event that the County Clerk or Board of Election
9Commissioners as the case may be, decides that the counting of
10the retention ballots shall be performed in the precinct where
11such ballots are cast, 2 special judges of election shall be
12designated to tally and canvass the vote of each precinct with
13one being named from each of the 2 leading political parties.
14    In the event that the County Clerk or Board of Election
15Commissioners decides that the judicial retention ballots from
16several precincts shall be tallied and canvassed in a central
17or common location, then each major political party shall be
18entitled to an equal number of special election judges in each
19such central or common location. The County Clerk or Board of
20Election Commissioners, as the case may be, shall inform, no
21later than 75 days prior to such election, the respective
22chairmen of the county central committees of the location or
23locations where the counting of retention ballots will be done,
24the number of names to be included on the certified lists, and
25the number of special election judges to be selected from those
26lists. If the certified list for either party is not submitted

 

 

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1within thirty days after the chairmen have been so informed,
2the County Clerk or Board of Election Commissioners shall
3designate special judges of election for that party in whatever
4manner it determines.
5    The County Clerk or Board of Election Commissioners shall
6apply to the Circuit Court for the confirmation of the special
7judges of election designated under this Section. The court
8shall confirm or refuse to confirm such designations as the
9interest of the public may require. Those confirmed shall be
10officers of the court and subject to its disciplinary powers.
11    The County Clerk or Board of Election Commissioners shall,
12in the exercise of sound discretion, prescribe the forms,
13materials and supplies together with the procedures for
14completion and return thereof for use in such election by
15special judges of election. The special judges of election
16designated under this Section shall have full responsibility
17and authority for tallying and canvassing the votes pertaining
18to the retention of judges and the return of ballots and
19supplies.
20    If the County Clerk or Board of Election Commissioners
21decides that the counting of the retention ballots shall be
22performed in the precinct where such ballots were cast, at
23least 2 ballot boxes shall be provided for paper retention
24ballots, one of which shall be used from the opening of the
25polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and
26the second of which shall be used from 9:00 a.m. until 12:00

 

 

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1noon and from 3:00 p.m. until the closing of the polls;
2provided that if additional ballot boxes are provided, the
3additional boxes shall be used instead of reusing boxes used
4earlier. At the close of each such period of use, a ballot box
5used for retention ballots shall be immediately unsealed and
6opened and the ballots therein counted and tallied by the
7special judges of election. After counting and tallying the
8retention ballots, the special judges of election shall place
9the counted ballots in a container provided for that purpose by
10the County Clerk or Board of Election Commissioners and clearly
11marked with the appropriate printing and shall thereupon seal
12such container. One such container shall be provided for each
13of the four time periods and clearly designated as the
14container for the respective period. The tally shall be
15recorded on sheets provided by the County Clerk or Board of
16Election Commissioners and designated as tally sheets for the
17respective time periods. Before a ballot box may be reused, it
18shall in the presence of all of the judges of election be
19verified to be empty, whereupon it shall be resealed. After the
20close of the polls, and after the tally of votes cast by vote
21by mail and early absentee voters, the special judges of
22election shall add together the tallies of all the ballot boxes
23used throughout the day, and complete the canvass of votes for
24retention of judges in the manner established by this Act. All
25of these procedures shall be carried out within the clear view
26of the other judges of election. The sealed containers of used

 

 

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1retention ballots shall be returned with other voted ballots to
2the County Clerk or Board of Election Commissioners in the
3manner provided by this Act.
4    The compensation of a special judge of election may not
5exceed $30 per judge per precinct or district canvassed.
6    This Section does not affect any other office or the
7conduct of any other election held at the same time as the
8election for the retention of judges in office.
9(Source: P.A. 81-850; 81-1149.)
 
10    (10 ILCS 5/17-19.2)  (from Ch. 46, par. 17-19.2)
11    Sec. 17-19.2. Where a vacancy in nomination is filled
12pursuant to Section 7-61 or Section 10-11, the vote by mail and
13early absentee votes cast for the original candidate on the
14first ballot shall not be counted. For this purpose, in those
15jurisdictions where electronic voting systems are used, the
16election authority shall determine a method by which the first
17ballots containing the name of the original candidate may be
18segregated from the revised ballots containing the name of the
19successor candidate and separately counted.
20    Where a vacancy in nomination is not filled pursuant to
21Section 7-61 or Section 10-11, all votes cast for the original
22candidate shall be counted for such candidate.
23(Source: P.A. 84-861.)
 
24    (10 ILCS 5/17-21)  (from Ch. 46, par. 17-21)

 

 

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1    Sec. 17-21. When the votes shall have been examined and
2counted, the judges shall set down on a sheet or return form to
3be supplied to them, the name of every person voted for,
4written or printed at full length, the office for which such
5person received such votes, and the number he did receive and
6such additional information as is necessary to complete, as
7nearly as circumstances will admit, the following form, to-wit:
8
TALLY SHEET AND CERTIFICATE OF
9
RESULTS
10    We do hereby certify that at the .... election held in the
11precinct hereinafter (general or special) specified on (insert
12date), a total of .... voters requested and received ballots
13and we do further certify:
14    Number of blank ballots delivered to us ....
15    Number of vote by mail absentee ballots delivered to us
16....
17    Total number of ballots delivered to us ....
18    Number of blank and spoiled ballots returned.
19    (1) Total number of ballots cast (in box)....
20    .... Defective and Objected To ballots sealed in envelope
21    (2) .... Total number of ballots cast (in box)
22
Line (2) equals line (1)
23    We further certify that each of the candidates for
24representative in the General Assembly received the number of
25votes ascribed to him on the separate tally sheet.
26    We further certify that each candidate received the number

 

 

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1of votes set forth opposite his name or in the box containing
2his name on the tally sheet contained in the page or pages
3immediately following our signatures.
4    The undersigned actually served as judges and counted the
5ballots at the election on the .... day of .... in the ....
6precinct of the (1) *township of ...., or (2) *City of ...., or
7(3) *.... ward in the city of .... and the polls were opened at
86:00 A.M. and closed at 7:00 P.M. Certified by us.
9
*Fill in either (1), (2) or (3)
10        A B, ....(Address)
11        C D, ....(Address)
12        E F, ....(Address)
13        G H, ....(Address)
14        I J, ....(Address)
 
15    Each tally sheet shall be in substantially one of the
16following forms:
17-------------------------------------------------------------
18Candidate's
19Name ofCandidatesTotal
20officeNamesVote5101520
21---
22UnitedJohn Smith7711
23States
24Senator
25---

 

 

09800SB0172ham003- 123 -LRB098 04408 MGM 62669 a

1---
2Names of candidates
3Name ofand total vote
4officefor each5101520
5---
6For UnitedJohn Smith
7States
8Senator
9Total Vote..................
10---
11(Source: P.A. 98-463, eff. 8-16-13.)
 
12    (10 ILCS 5/17-23)  (from Ch. 46, par. 17-23)
13    Sec. 17-23. Pollwatchers in a general election shall be
14authorized in the following manner:
15    (1) Each established political party shall be entitled to
16appoint two pollwatchers per precinct. Such pollwatchers must
17be affiliated with the political party for which they are
18pollwatching. For all elections, the pollwatchers must be
19registered to vote in Illinois.
20    (2) Each candidate shall be entitled to appoint two
21pollwatchers per precinct. For all elections, the pollwatchers
22must be registered to vote in Illinois.
23    (3) Each organization of citizens within the county or
24political subdivision, which has among its purposes or
25interests the investigation or prosecution of election frauds,

 

 

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1and which shall have registered its name and address and the
2name and addresses of its principal officers with the proper
3election authority at least 40 days before the election, shall
4be entitled to appoint one pollwatcher per precinct. For all
5elections, the pollwatcher must be registered to vote in
6Illinois.
7    (3.5) Each State nonpartisan civic organization within the
8county or political subdivision shall be entitled to appoint
9one pollwatcher per precinct, provided that no more than 2
10pollwatchers appointed by State nonpartisan civic
11organizations shall be present in a precinct polling place at
12the same time. Each organization shall have registered the
13names and addresses of its principal officers with the proper
14election authority at least 40 days before the election. The
15pollwatchers must be registered to vote in Illinois. For the
16purpose of this paragraph, a "State nonpartisan civic
17organization" means any corporation, unincorporated
18association, or organization that:
19        (i) as part of its written articles of incorporation,
20    bylaws, or charter or by separate written declaration, has
21    among its stated purposes the provision of voter
22    information and education, the protection of individual
23    voters' rights, and the promotion of free and equal
24    elections;
25        (ii) is organized or primarily conducts its activities
26    within the State of Illinois; and

 

 

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1        (iii) continuously maintains an office or business
2    location within the State of Illinois, together with a
3    current listed telephone number (a post office box number
4    without a current listed telephone number is not
5    sufficient).
6    (4) In any general election held to elect candidates for
7the offices of a municipality of less than 3,000,000 population
8that is situated in 2 or more counties, a pollwatcher who is a
9resident of Illinois shall be eligible to serve as a
10pollwatcher in any poll located within such municipality,
11provided that such pollwatcher otherwise complies with the
12respective requirements of subsections (1) through (3) of this
13Section and is a registered voter in Illinois.
14    (5) Each organized group of proponents or opponents of a
15ballot proposition, which shall have registered the name and
16address of its organization or committee and the name and
17address of its chairman with the proper election authority at
18least 40 days before the election, shall be entitled to appoint
19one pollwatcher per precinct. The pollwatcher must be
20registered to vote in Illinois.
21    All pollwatchers shall be required to have proper
22credentials. Such credentials shall be printed in sufficient
23quantities, shall be issued by and under the facsimile
24signature(s) of the election authority or the State Board of
25Elections and shall be available for distribution by the
26election authority and State Board of Elections at least 2

 

 

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1weeks prior to the election. Such credentials shall be
2authorized by the real or facsimile signature of the State or
3local party official or the candidate or the presiding officer
4of the civic organization or the chairman of the proponent or
5opponent group, as the case may be. Neither the election
6authority nor the State Board of Elections may require any such
7party official or the candidate or the presiding officer of the
8civic organization or the chairman of the proponent or opponent
9group to submit the names or other information concerning
10pollwatchers before making credentials available to such
11persons or organizations.
12    Pollwatcher credentials shall be in substantially the
13following form:
 
14
POLLWATCHER CREDENTIALS
15TO THE JUDGES OF ELECTION:
16    In accordance with the provisions of the Election Code, the
17undersigned hereby appoints .......... (name of pollwatcher)
18who resides at ........... (address) in the county of
19..........., .......... (township or municipality) of
20........... (name), State of Illinois and who is duly
21registered to vote from this address, to act as a pollwatcher
22in the ........... precinct of the ........... ward (if
23applicable) of the ........... (township or municipality) of
24........... at the ........... election to be held on (insert
25date).

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1shall display their official credentials or other
2identification to the judges of election.
3    Uniformed police officers assigned to polling place duty
4shall follow all lawful instructions of the judges of election.
5    The provisions of this Section shall also apply to
6supervised casting of vote by mail absentee ballots as provided
7in Section 19-12.2 of this Act.
8(Source: P.A. 98-115, eff. 7-29-13.)
 
9    (10 ILCS 5/17-29)  (from Ch. 46, par. 17-29)
10    Sec. 17-29. (a) No judge of election, pollwatcher, or other
11person shall, at any primary or election, do any electioneering
12or soliciting of votes or engage in any political discussion
13within any polling place, within 100 feet of any polling place,
14or, at the option of a church or private school, on any of the
15property of that church or private school that is a polling
16place; no person shall interrupt, hinder or oppose any voter
17while approaching within those areas for the purpose of voting.
18Judges of election shall enforce the provisions of this
19Section.
20    (b) Election officers shall place 2 or more cones, small
21United States national flags, or some other marker a distance
22of 100 horizontal feet from each entrance to the room used by
23voters to engage in voting, which shall be known as the polling
24room. If the polling room is located within a building that is
25a private business, a public or private school, or a church or

 

 

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1other organization founded for the purpose of religious worship
2and the distance of 100 horizontal feet ends within the
3interior of the building, then the markers shall be placed
4outside of the building at each entrance used by voters to
5enter that building on the grounds adjacent to the thoroughfare
6or walkway. If the polling room is located within a public or
7private building with 2 or more floors and the polling room is
8located on the ground floor, then the markers shall be placed
9100 horizontal feet from each entrance to the polling room used
10by voters to engage in voting. If the polling room is located
11in a public or private building with 2 or more floors and the
12polling room is located on a floor above or below the ground
13floor, then the markers shall be placed a distance of 100 feet
14from the nearest elevator or staircase used by voters on the
15ground floor to access the floor where the polling room is
16located. The area within where the markers are placed shall be
17known as a campaign free zone, and electioneering is prohibited
18pursuant to this subsection. Notwithstanding any other
19provision of this Section, a church or private school may
20choose to apply the campaign free zone to its entire property,
21and, if so, the markers shall be placed near the boundaries on
22the grounds adjacent to the thoroughfares or walkways leading
23to the entrances used by the voters. If an election authority
24maintains a website, 72 hours before the polls open on election
25day, the election authority shall post the names and addresses
26of each church or private school that has chosen to apply a

 

 

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1campaign free zone to its entire property. If an election
2authority does not maintain a website, it shall make the same
3information available by request 72 hours before the polls open
4on election day.
5    The area on polling place property beyond the campaign free
6zone, whether publicly or privately owned, is a public forum
7for the time that the polls are open on an election day. At the
8request of election officers any publicly owned building must
9be made available for use as a polling place. A person shall
10have the right to congregate and engage in electioneering on
11any polling place property while the polls are open beyond the
12campaign free zone, including but not limited to, the placement
13of temporary signs. This subsection shall be construed
14liberally in favor of persons engaging in electioneering on all
15polling place property beyond the campaign free zone for the
16time that the polls are open on an election day. At or near the
17door of each polling place, the election judges shall place
18signage indicating the proper entrance to the polling place. In
19addition, the election judges shall ensure that a sign
20identifying the location of the polling place is placed on a
21nearby public roadway. The State Board of Elections shall
22establish guidelines for the placement of polling place
23signage.
24    (c) The regulation of electioneering on polling place
25property on an election day, including but not limited to the
26placement of temporary signs, is an exclusive power and

 

 

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1function of the State. A home rule unit may not regulate
2electioneering and any ordinance or local law contrary to
3subsection (c) is declared void. This is a denial and
4limitation of home rule powers and functions under subsection
5(h) of Section 6 of Article VII of the Illinois Constitution.
6(Source: P.A. 95-699, eff. 11-9-07.)
 
7    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
8    Sec. 18-5. Any person desiring to vote and whose name is
9found upon the register of voters by the person having charge
10thereof, shall then be questioned by one of the judges as to
11his nativity, his term of residence at present address,
12precinct, State and United States, his age, whether naturalized
13and if so the date of naturalization papers and court from
14which secured, and he shall be asked to state his residence
15when last previously registered and the date of the election
16for which he then registered. The judges of elections shall
17check each application for ballot against the list of voters
18registered in that precinct to whom grace period, vote by mail
19absentee, and early ballots have been issued for that election,
20which shall be provided by the election authority and which
21list shall be available for inspection by pollwatchers. A voter
22applying to vote in the precinct on election day whose name
23appears on the list as having been issued a grace period, vote
24by mail absentee, or early ballot shall not be permitted to
25vote in the precinct, except that a voter to whom a vote by

 

 

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1mail an absentee ballot was issued may vote in the precinct if
2the voter submits to the election judges that vote by mail
3absentee ballot for cancellation. If the voter is unable to
4submit the vote by mail absentee ballot, it shall be sufficient
5for the voter to submit to the election judges (i) a portion of
6the vote by mail absentee ballot if the vote by mail absentee
7ballot was torn or mutilated or (ii) an affidavit executed
8before the election judges specifying that (A) the voter never
9received a vote by mail an absentee ballot or (B) the voter
10completed and returned a vote by mail an absentee ballot and
11was informed that the election authority did not receive that
12vote by mail absentee ballot. If such person so registered
13shall be challenged as disqualified, the party challenging
14shall assign his reasons therefor, and thereupon one of the
15judges shall administer to him an oath to answer questions, and
16if he shall take the oath he shall then be questioned by the
17judge or judges touching such cause of challenge, and touching
18any other cause of disqualification. And he may also be
19questioned by the person challenging him in regard to his
20qualifications and identity. But if a majority of the judges
21are of the opinion that he is the person so registered and a
22qualified voter, his vote shall then be received accordingly.
23But if his vote be rejected by such judges, such person may
24afterward produce and deliver an affidavit to such judges,
25subscribed and sworn to by him before one of the judges, in
26which it shall be stated how long he has resided in such

 

 

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1precinct, and state; that he is a citizen of the United States,
2and is a duly qualified voter in such precinct, and that he is
3the identical person so registered. In addition to such an
4affidavit, the person so challenged shall provide to the judges
5of election proof of residence by producing 2 forms of
6identification showing the person's current residence address,
7provided that such identification may include a lease or
8contract for a residence and not more than one piece of mail
9addressed to the person at his current residence address and
10postmarked not earlier than 30 days prior to the date of the
11election, or the person shall procure a witness personally
12known to the judges of election, and resident in the precinct
13(or district), or who shall be proved by some legal voter of
14such precinct or district, known to the judges to be such, who
15shall take the oath following, viz:
16    I do solemnly swear (or affirm) that I am a resident of
17this election precinct (or district), and entitled to vote at
18this election, and that I have been a resident of this State
19for 30 days last past, and am well acquainted with the person
20whose vote is now offered; that he is an actual and bona fide
21resident of this election precinct (or district), and has
22resided herein 30 days, and as I verily believe, in this State,
2330 days next preceding this election.
24    The oath in each case may be administered by one of the
25judges of election, or by any officer, resident in the precinct
26or district, authorized by law to administer oaths. Also

 

 

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1supported by an affidavit by a registered voter residing in
2such precinct, stating his own residence, and that he knows
3such person; and that he does reside at the place mentioned and
4has resided in such precinct and state for the length of time
5as stated by such person, which shall be subscribed and sworn
6to in the same way. For purposes of this Section, the
7submission of a photo identification issued by a college or
8university, accompanied by either (i) a copy of the applicant's
9contract or lease for a residence or (ii) one piece of mail
10addressed to the person at his or her current residence address
11and postmarked not earlier than 30 days prior to the date of
12the election, shall be sufficient to establish proof of
13residence. Whereupon the vote of such person shall be received,
14and entered as other votes. But such judges, having charge of
15such registers, shall state in their respective books the facts
16in such case, and the affidavits, so delivered to the judges,
17shall be preserved and returned to the office of the
18commissioners of election. Blank affidavits of the character
19aforesaid shall be sent out to the judges of all the precincts,
20and the judges of election shall furnish the same on demand and
21administer the oaths without criticism. Such oaths, if
22administered by any other officer than such judge of election,
23shall not be received. Whenever a proposal for a constitutional
24amendment or for the calling of a constitutional convention is
25to be voted upon at the election, the separate blue ballot or
26ballots pertaining thereto shall be placed on top of the other

 

 

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1ballots to be voted at the election in such manner that the
2legend appearing on the back thereof, as prescribed in Section
316-6 of this Act, shall be plainly visible to the voter, and in
4this fashion the ballots shall be handed to the voter by the
5judge.
6    Immediately after voting, the voter shall be instructed
7whether the voting equipment, if used, accepted or rejected the
8ballot or identified the ballot as under-voted. A voter whose
9ballot is identified as under-voted for a statewide
10constitutional office may return to the voting booth and
11complete the voting of that ballot. A voter whose ballot is not
12accepted by the voting equipment may, upon surrendering the
13ballot, request and vote another ballot. The voter's
14surrendered ballot shall be initialed by the election judge and
15handled as provided in the appropriate Article governing that
16voting equipment.
17    The voter shall, upon quitting the voting booth, deliver to
18one of the judges of election all of the ballots, properly
19folded, which he received. The judge of election to whom the
20voter delivers his ballots shall not accept the same unless all
21of the ballots given to the voter are returned by him. If a
22voter delivers less than all of the ballots given to him, the
23judge to whom the same are offered shall advise him in a voice
24clearly audible to the other judges of election that the voter
25must return the remainder of the ballots. The statement of the
26judge to the voter shall clearly express the fact that the

 

 

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1voter is not required to vote such remaining ballots but that
2whether or not he votes them he must fold and deliver them to
3the judge. In making such statement the judge of election shall
4not indicate by word, gesture or intonation of voice that the
5unreturned ballots shall be voted in any particular manner. No
6new voter shall be permitted to enter the voting booth of a
7voter who has failed to deliver the total number of ballots
8received by him until such voter has returned to the voting
9booth pursuant to the judge's request and again quit the booth
10with all of the ballots required to be returned by him. Upon
11receipt of all such ballots the judges of election shall enter
12the name of the voter, and his number, as above provided in
13this Section, and the judge to whom the ballots are delivered
14shall immediately put the ballots into the ballot box. If any
15voter who has failed to deliver all the ballots received by him
16refuses to return to the voting booth after being advised by
17the judge of election as herein provided, the judge shall
18inform the other judges of such refusal, and thereupon the
19ballot or ballots returned to the judge shall be deposited in
20the ballot box, the voter shall be permitted to depart from the
21polling place, and a new voter shall be permitted to enter the
22voting booth.
23    The judge of election who receives the ballot or ballots
24from the voter shall announce the residence and name of such
25voter in a loud voice. The judge shall put the ballot or
26ballots received from the voter into the ballot box in the

 

 

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1presence of the voter and the judges of election, and in plain
2view of the public. The judges having charge of such registers
3shall then, in a column prepared thereon, in the same line of,
4the name of the voter, mark "Voted" or the letter "V".
5    No judge of election shall accept from any voter less than
6the full number of ballots received by such voter without first
7advising the voter in the manner above provided of the
8necessity of returning all of the ballots, nor shall any such
9judge advise such voter in a manner contrary to that which is
10herein permitted, or in any other manner violate the provisions
11of this Section; provided, that the acceptance by a judge of
12election of less than the full number of ballots delivered to a
13voter who refuses to return to the voting booth after being
14properly advised by such judge shall not be a violation of this
15Section.
16(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.)
 
17    (10 ILCS 5/18-9.2)  (from Ch. 46, par. 18-9.2)
18    Sec. 18-9.2. Where a vacancy in nomination is filled
19pursuant to Section 7-61 or Section 10-11, the vote by mail and
20early absentee votes cast for the original candidate on the
21first ballot shall not be counted. For this purpose, in those
22jurisdictions where electronic voting systems are used, the
23election authority shall determine a method by which the first
24ballots containing the name of the original candidate may be
25segregated from the revised ballots containing the name of the

 

 

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1successor candidate and separately counted.
2    Where a vacancy in nomination is not filled pursuant to
3Section 7-61 or Section 10-11, all votes cast for the original
4candidate shall be counted for such candidate.
5(Source: P.A. 84-861.)
 
6    (10 ILCS 5/18A-5)
7    Sec. 18A-5. Provisional voting; general provisions.
8    (a) A person who claims to be a registered voter is
9entitled to cast a provisional ballot under the following
10circumstances:
11        (1) The person's name does not appear on the official
12    list of eligible voters for the precinct in which the
13    person seeks to vote. The official list is the centralized
14    statewide voter registration list established and
15    maintained in accordance with Section 1A-25;
16        (2) The person's voting status has been challenged by
17    an election judge, a pollwatcher, or any legal voter and
18    that challenge has been sustained by a majority of the
19    election judges;
20        (3) A federal or State court order extends the time for
21    closing the polls beyond the time period established by
22    State law and the person votes during the extended time
23    period;
24        (4) The voter registered to vote by mail and is
25    required by law to present identification when voting

 

 

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1    either in person or by early voting absentee ballot, but
2    fails to do so;
3        (5) The voter's name appears on the list of voters who
4    voted during the early voting period, but the voter claims
5    not to have voted during the early voting period; or
6        (6) The voter received a vote by mail an absentee
7    ballot but did not return the vote by mail absentee ballot
8    to the election authority; or
9        (7) The voter registered to vote during the grace
10    period on the day before election day or on election day
11    during the 2014 general election.
12    (b) The procedure for obtaining and casting a provisional
13ballot at the polling place shall be as follows:
14        (1) After first verifying through an examination of the
15    precinct register that the person's address is within the
16    precinct boundaries, an election judge at the polling place
17    shall notify a person who is entitled to cast a provisional
18    ballot pursuant to subsection (a) that he or she may cast a
19    provisional ballot in that election. An election judge must
20    accept any information provided by a person who casts a
21    provisional ballot that the person believes supports his or
22    her claim that he or she is a duly registered voter and
23    qualified to vote in the election. However, if the person's
24    residence address is outside the precinct boundaries, the
25    election judge shall inform the person of that fact, give
26    the person the appropriate telephone number of the election

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1on Section 18A-15 of this Code, then the affidavit shall be
2processed by the county clerk or board of election
3commissioners, as the case may be, as a voter registration
4application.
5(Source: P.A. 97-766, eff. 7-6-12; 98-691, eff. 7-1-14.)
 
6    (10 ILCS 5/18A-15)
7    Sec. 18A-15. Validating and counting provisional ballots.
8    (a) The county clerk or board of election commissioners
9shall complete the validation and counting of provisional
10ballots within 14 calendar days of the day of the election. The
11county clerk or board of election commissioners shall have 7
12calendar days from the completion of the validation and
13counting of provisional ballots to conduct its final canvass.
14The State Board of Elections shall complete within 31 calendar
15days of the election or sooner if all the returns are received,
16its final canvass of the vote for all public offices.
17    (b) If a county clerk or board of election commissioners
18determines that all of the following apply, then a provisional
19ballot is valid and shall be counted as a vote:
20        (1) the provisional voter cast the provisional ballot
21    in the correct precinct based on the address provided by
22    the provisional voter unless the provisional voter cast a
23    ballot pursuant to paragraph (7) of subsection (a) of
24    Section 18A-5, in which case the provisional ballot must
25    have been cast in the correct election jurisdiction based

 

 

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1    on the address provided. The provisional voter's affidavit
2    shall serve as a change of address request by that voter
3    for registration purposes for the next ensuing election if
4    it bears an address different from that in the records of
5    the election authority. Votes for federal and statewide
6    offices on a provisional ballot cast in the incorrect
7    precinct that meet the other requirements of this
8    subsection shall be valid and counted in accordance with
9    rules adopted by the State Board of Elections. As used in
10    this item, "federal office" is defined as provided in
11    Section 20-1 and "statewide office" means the Governor,
12    Attorney General, Secretary of State, Comptroller, and
13    Treasurer. Votes for General Assembly, countywide,
14    citywide, or township office on a provisional ballot cast
15    in the incorrect precinct but in the correct legislative
16    district, representative district, county, municipality,
17    or township, as the case may be, shall be valid and counted
18    in accordance with rules adopted by the State Board of
19    Elections. As used in this item, "citywide office" means an
20    office elected by the electors of an entire municipality.
21    As used in this item, "township office" means an office
22    elected by the electors of an entire township;
23        (2) the affidavit executed by the provisional voter
24    pursuant to subsection (b)(2) of Section 18A-5 contains, at
25    a minimum, the provisional voter's first and last name,
26    house number and street name, and signature or mark;

 

 

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

 

 

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

 

 

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1his or her provisional ballot request varies from the signature
2on an otherwise valid registration application solely because
3of the substitution of initials for the first or middle name,
4the election authority may not reject the provisional ballot.
5    (d) In validating the registration status of a person
6casting a provisional ballot, the county clerk or board of
7election commissioners shall not require a provisional voter to
8complete any form other than the affidavit executed by the
9provisional voter under subsection (b)(2) of Section 18A-5. In
10addition, the county clerk or board of election commissioners
11shall not require all provisional voters or any particular
12class or group of provisional voters to appear personally
13before the county clerk or board of election commissioners or
14as a matter of policy require provisional voters to submit
15additional information to verify or otherwise support the
16information already submitted by the provisional voter. Within
172 calendar days after the election, the election authority
18shall transmit by electronic means pursuant to a process
19established by the State Board of Elections the name, street
20address, e-mail address, and precinct, ward, township, and
21district numbers, as the case may be, of each person casting a
22provisional ballot to the State Board of Elections, which shall
23maintain those names and that information in an electronic
24format on its website, arranged by county and accessible to
25State and local political committees. The provisional voter
26may, within 7 calendar days after the election, submit

 

 

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

 

 

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

 

 

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1election official shall take and subscribe an oath before the
2county clerk or board of election commissioners that the
3election judge or election official securely kept the ballots
4and papers in the box, did not permit any person to open the
5box or otherwise touch or tamper with the ballots and papers in
6the box, and has no knowledge of any other person opening the
7box. For purposes of this Section, the term "election official"
8means the county clerk, a member of the board of election
9commissioners, as the case may be, and their respective
10employees.
11(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13;
1298-691, eff. 7-1-14.)
 
13    (10 ILCS 5/18A-218 new)
14    Sec. 18A-218. Interpretation of Article 18A. The Sections
15of this Article following this Section shall be supplemental to
16all other provisions of this Article and are intended to
17provide procedural requirements for the implementation of the
18provisions of this Article. In the case of a conflict between
19the Sections following this Section and the Sections preceding
20this Section, the Sections preceding this Section shall
21prevail.
 
22    (10 ILCS 5/18A-218.10 new)
23    Sec. 18A-218.10. Definitions relating to provisional
24ballots.

 

 

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1    (a) As used in this Article:
2        "Citywide or villagewide office" means an office
3    elected by the electors of an entire municipality.
4        "Correct precinct" means the precinct containing the
5    addresses at which the provisional voter resides and at
6    which he or she is registered to vote.
7        "Countywide office" means the offices of Clerk,
8    Sheriff, State's Attorney, Circuit Court Clerk, Recorder,
9    Auditor, County Board President, County Board Member or
10    County Commissioner in those counties that elect those
11    officers countywide, Coroner, Regional Superintendent of
12    Schools, Sanitary District Commissioners or Trustees,
13    Assessor, Board of Review Members in those counties that
14    elect those officers countywide, and Treasurer.
15        "Election authority" means either the County Clerk,
16    County Board of Election Commissioners, or Municipal Board
17    of Election Commissioners, as the case may be.
18        "Election jurisdiction" means an entire county, in the
19    case of a county in which no city board of election
20    commissioners is located or that is under the jurisdiction
21    of a county board of election commissioners; the
22    territorial jurisdiction of a city board of election
23    commissioners; and the territory in a county outside of the
24    jurisdiction of a city board of election commissioners.
25    Election jurisdictions shall be determined according to
26    which election authority maintains the permanent

 

 

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

 

 

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

 

 

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1    the residents.
2        "Statewide office" means the Constitutional offices of
3    Governor and Lt. Governor running jointly, Secretary of
4    State, Attorney General, Comptroller, and Treasurer.
5        "Township office" means an office elected by the
6    electors of an entire township.
7    (b) Procedures for Voting Provisionally in the Polling
8Place.
9        (1) If any of the 7 reasons cited in the definition of
10    provisional voter in subsection (a) for casting a
11    provisional ballot exists, an election judge must accept
12    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 (or consult any alternative tools
21    provided by the election authority for determining a
22    voter's correct precinct polling place) and instruct the
23    person to go to the proper polling place to vote.
24        (2) Once it has been determined by the election judges
25    that the person is entitled to receive a provisional
26    ballot, and the voter has completed the provisional voter

 

 

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

 

 

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

 

 

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

 

 

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1    ballot (the correct ballot style). This determination
2    shall be made by comparing a sample ballot of the correct
3    ballot style with the actual provisional ballot cast by the
4    voter. If the same office (including the same district
5    number for a Congressional, Legislative or Representative
6    district) appears on both the correct ballot style sample
7    ballot and the provisional ballot cast by the voter, votes
8    for that office shall be counted. All votes cast for any
9    remaining offices (offices for which the voter would not
10    have been entitled to vote had he or she voted in the
11    correct precinct) shall not be counted.
12        (3) No votes shall be counted for an office when the
13    voter voted for more candidates than he or she was allowed.
14        (4) Once it has been determined which offices are to be
15    counted and the provisional ballot contains no other votes,
16    the provisional ballot shall be counted pursuant to the
17    procedures set forth in this subsection (b).
18        (5) If a provisional ballot does not contain any valid
19    votes, the provisional ballot shall be marked invalid and
20    shall not be counted.
21        (6) Any provisional voting verification system
22    established by an election authority shall inform the
23    provisional voter that his or her provisional ballot was
24    partially counted because it was cast in an incorrect
25    precinct.
26        (7) If a provisional ballot only contains votes cast

 

 

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1    for eligible offices, and does not contain any votes cast
2    for ineligible offices, the ballot may be tabulated without
3    having to be remade.
4        (8) If a provisional ballot contains both valid votes
5    that must be counted and invalid votes that cannot be
6    counted:
7            (A) the election judges, consisting in each case of
8        at least one of each of the 2 leading political
9        parties, shall, if the provisional ballot was cast on a
10        paper ballot sheet, proceed to remake the voted ballot
11        onto a blank ballot that includes all of the offices
12        for which valid votes were cast, transferring only
13        valid votes. The original provisional ballot shall be
14        marked "Original Provisional Ballot" with a serial
15        number commencing at "1" and continuing consecutively
16        for ballots of that kind in the precinct. The duplicate
17        provisional ballot shall be marked "Duplicate
18        Provisional Ballot" and be given the same serial number
19        as the original ballot from which it was duplicated.
20        The duplicate provisional ballot shall then be treated
21        in the same manner as other provisional ballots.
22            (B) if the provisional ballot was cast on a direct
23        recording electronic voting device, the election
24        judges shall mark the original provisional ballot as a
25        partially counted defective electronic provisional
26        ballot because it was cast in the incorrect precinct

 

 

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

 

 

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1    Sec. 18A-218.30. Counting procedures for provisional
2ballots cast in an incorrect precinct within a different
3election authority's jurisdiction.
4    (a) The election authority having possession of the
5provisional ballot shall first notify the election authority
6having jurisdiction over the provisional voter that the voter
7cast a provisional ballot in its jurisdiction and provide
8whatever information is needed for the election authority to
9comply with the notification requirements set forth in
10subsection (d) of Section 18A-15 of this Code. For purpose of
11determining which election authority has jurisdiction over the
12provisional voter, the election authority having possession of
13the provisional ballot shall use the address listed on the
14provisional ballot affidavit that was provided by the voter. If
15that address is different from the address at which the voter
16is registered the ballot shall be rejected; however, the
17affidavit shall serve as a request to register at that address.
18If a voter cast a provisional ballot in an incorrect precinct
19located in the jurisdiction of an election authority other than
20the election authority having jurisdiction over the voter's
21correct precinct, but where the precinct is located within the
22same county as the 2 election authorities (e.g., a voter is
23registered in the City of Chicago, but casts a provisional
24ballot in suburban Cook County), the election authority in
25whose territory the provisional ballot was cast shall, after
26receipt of the provisional ballot, transmit it, along with the

 

 

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

 

 

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1the election authority having jurisdiction over the voter's
2correct precinct, along with the provisional ballot of that
3voter.
4    (b) Incorrect precinct is located in a different county
5from the county where the voter is registered, but is located
6in the same municipality or legislative district as the one in
7which the voter is registered:
8        (1) The election authority having possession of the
9    provisional ballot shall first notify the election
10    authority having jurisdiction over the provisional voter
11    that the voter cast a provisional ballot in its
12    jurisdiction and provide whatever information is needed
13    for the election authority to comply with the notification
14    requirements set forth in subsection (d) of Section 18A-15
15    of this Code. For purposes of determining which election
16    authority has jurisdiction over the provisional voter, the
17    election authority having possession of the provisional
18    ballot shall use the address listed on the provisional
19    ballot affidavit that was provided by the voter. If that
20    address is different from the address at which the voter is
21    registered, the ballot shall be rejected; however, the
22    affidavit shall serve as a request to register at that
23    address. The election authority shall then cause the
24    ballot, along with the provisional voter's affidavit and
25    any other documentation provided to the election judges, to
26    be transmitted via express mail within 8 business days

 

 

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1    after the election at which the ballot was cast, with a
2    delivery date no later than the second business day
3    following the mailing date. Upon receipt of the ballot by
4    the election authority having jurisdiction over the
5    correct precinct, that election authority shall proceed to
6    remake and count the votes on the provisional ballot in
7    accordance with the procedures described in Section
8    18A-218.20, including the determination of eligibility to
9    cast a provisional ballot. Any information provided to the
10    election authority within the 7 day period provided for in
11    Section 18A-15 of this Code shall be transmitted to the
12    office of the election authority having jurisdiction over
13    the voter's correct precinct, along with the provisional
14    ballot of that voter.
15        (2) If a voter casts a provisional ballot in a precinct
16    outside of the county in which he or she is registered and
17    outside of the municipality, representative district, or
18    legislative district in which he or she is registered (if
19    applicable), the ballot shall not be counted. It shall,
20    however, be transmitted via the U.S. Postal Service to the
21    election authority having jurisdiction over the voter's
22    correct precinct within 14 days after the election and
23    shall be kept for 2 months, the same length of time as is
24    required for other voted ballots.
25    For purposes of determining which election authority has
26jurisdiction over the provisional voter, the election

 

 

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1authority having possession of the provisional ballot shall use
2the address listed on the provisional ballot affidavit that was
3provided by the voter. If such address is different from the
4address at which the voter is registered, the ballot shall be
5rejected, however the affidavit shall serve as a request to
6register at such address.
 
7    (10 ILCS 5/18A-218.40 new)
8    Sec. 18A-218.40. Follow-up procedures for provisional
9ballots. The original provisional ballot cast by the voter
10shall be stored separately from other ballots voted in the
11election and shall be preserved in the same manner as original
12ballots that had to be remade for other reasons, such as a
13damaged ballot or as a result of a voter over-voting an office.
 
14    (10 ILCS 5/Art. 19 heading)
15
ARTICLE 19. VOTING BY MAIL ABSENT ELECTORS

 
16    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
17    Sec. 19-2. Any elector as defined in Section 19-1 may by
18mail or electronically on the website of the appropriate
19election authority, not more than 90 nor less than 5 days prior
20to the date of such election, or by personal delivery not more
21than 90 nor less than one day prior to the date of such
22election, make application to the county clerk or to the Board
23of Election Commissioners for an official ballot for the

 

 

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1voter's precinct to be voted at such election. The URL address
2at which voters may electronically request a vote by mail an
3absentee ballot shall be fixed no later than 90 calendar days
4before an election and shall not be changed until after the
5election. Such a ballot shall be delivered to the elector only
6upon separate application by the elector for each election.
7(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13; 98-691,
8eff. 7-1-14.)
 
9    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
10    Sec. 19-3. The application for vote by mail absentee ballot
11shall be substantially in the following form:
12
APPLICATION FOR VOTE BY MAIL ABSENTEE BALLOT
13    To be voted at the .... election in the County of .... and
14State of Illinois, in the .... precinct of the (1) *township of
15.... (2) *City of .... or (3) *.... ward in the City of ....
16    I state that I am a resident of the .... precinct of the
17(1) *township of .... (2) *City of .... or (3) *.... ward in
18the city of .... residing at .... in such city or town in the
19county of .... and State of Illinois; that I have lived at such
20address for .... month(s) last past; that I am lawfully
21entitled to vote in such precinct at the .... election to be
22held therein on ....; and that I wish to vote by vote by mail
23absentee ballot.
24    I hereby make application for an official ballot or ballots
25to be voted by me at such election, and I agree that I shall

 

 

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

 

 

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1statements set forth in this application are true and correct,
2and a signature is not required.
3    Any person may produce, reproduce, distribute, or return to
4an election authority the application for vote by mail absentee
5ballot. Upon receipt, the appropriate election authority shall
6accept and promptly process any application for vote by mail
7absentee ballot submitted in a form substantially similar to
8that required by this Section, including any substantially
9similar production or reproduction generated by the applicant.
10(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
11    (10 ILCS 5/19-4)   (from Ch. 46, par. 19-4)
12    Sec. 19-4. Mailing or delivery of ballots; time.
13Immediately upon the receipt of such application either by mail
14or electronic means, not more than 40 days nor less than 5 days
15prior to such election, or by personal delivery not more than
1640 days nor less than one day prior to such election, at the
17office of such election authority, it shall be the duty of such
18election authority to examine the records to ascertain whether
19or not such applicant is lawfully entitled to vote as
20requested, including a verification of the applicant's
21signature by comparison with the signature on the official
22registration record card, and if found so to be entitled to
23vote, to post within one business day thereafter the name,
24street address, ward and precinct number or township and
25district number, as the case may be, of such applicant given on

 

 

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1a list, the pages of which are to be numbered consecutively to
2be kept by such election authority for such purpose in a
3conspicuous, open and public place accessible to the public at
4the entrance of the office of such election authority, and in
5such a manner that such list may be viewed without necessity of
6requesting permission therefor. Within one day after posting
7the name and other information of an applicant for a vote by
8mail an absentee ballot, the election authority shall transmit
9by electronic means pursuant to a process established by the
10State Board of Elections that name and other posted information
11to the State Board of Elections, which shall maintain those
12names and other information in an electronic format on its
13website, arranged by county and accessible to State and local
14political committees. Within 2 business days after posting a
15name and other information on the list within its office, the
16election authority shall mail, postage prepaid, or deliver in
17person in such office an official ballot or ballots if more
18than one are to be voted at said election. Mail delivery of
19Temporarily Absent Student ballot applications pursuant to
20Section 19-12.3 shall be by nonforwardable mail. However, for
21the consolidated election, vote by mail absentee ballots for
22certain precincts may be delivered to applicants not less than
2325 days before the election if so much time is required to have
24prepared and printed the ballots containing the names of
25persons nominated for offices at the consolidated primary. The
26election authority shall enclose with each vote by mail

 

 

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1absentee ballot or application written instructions on how
2voting assistance shall be provided pursuant to Section 17-14
3and a document, written and approved by the State Board of
4Elections, informing the vote by mail voter of the required
5postage for returning the application and ballot, and
6enumerating the circumstances under which a person is
7authorized to vote by vote by mail absentee ballot pursuant to
8this Article; such document shall also include a statement
9informing the applicant that if he or she falsifies or is
10solicited by another to falsify his or her eligibility to cast
11a vote by mail an absentee ballot, such applicant or other is
12subject to penalties pursuant to Section 29-10 and Section
1329-20 of the Election Code. Each election authority shall
14maintain a list of the name, street address, ward and precinct,
15or township and district number, as the case may be, of all
16applicants who have returned vote by mail absentee ballots to
17such authority, and the name of such vote by mail absent voter
18shall be added to such list within one business day from
19receipt of such ballot. If the vote by mail absentee ballot
20envelope indicates that the voter was assisted in casting the
21ballot, the name of the person so assisting shall be included
22on the list. The list, the pages of which are to be numbered
23consecutively, shall be kept by each election authority in a
24conspicuous, open, and public place accessible to the public at
25the entrance of the office of the election authority and in a
26manner that the list may be viewed without necessity of

 

 

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1requesting permission for viewing.
2    Each election authority shall maintain a list for each
3election of the voters to whom it has issued vote by mail
4absentee ballots. The list shall be maintained for each
5precinct within the jurisdiction of the election authority.
6Prior to the opening of the polls on election day, the election
7authority shall deliver to the judges of election in each
8precinct the list of registered voters in that precinct to whom
9vote by mail absentee ballots have been issued by mail.
10    Each election authority shall maintain a list for each
11election of voters to whom it has issued temporarily absent
12student ballots. The list shall be maintained for each election
13jurisdiction within which such voters temporarily abide.
14Immediately after the close of the period during which
15application may be made by mail or electronic means for vote by
16mail absentee ballots, each election authority shall mail to
17each other election authority within the State a certified list
18of all such voters temporarily abiding within the jurisdiction
19of the other election authority.
20    In the event that the return address of an application for
21ballot by a physically incapacitated elector is that of a
22facility licensed or certified under the Nursing Home Care Act,
23the Specialized Mental Health Rehabilitation Act of 2013, or
24the ID/DD Community Care Act, within the jurisdiction of the
25election authority, and the applicant is a registered voter in
26the precinct in which such facility is located, the ballots

 

 

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1shall be prepared and transmitted to a responsible judge of
2election no later than 9 a.m. on the Saturday, Sunday or Monday
3immediately preceding the election as designated by the
4election authority under Section 19-12.2. Such judge shall
5deliver in person on the designated day the ballot to the
6applicant on the premises of the facility from which
7application was made. The election authority shall by mail
8notify the applicant in such facility that the ballot will be
9delivered by a judge of election on the designated day.
10    All applications for vote by mail absentee ballots shall be
11available at the office of the election authority for public
12inspection upon request from the time of receipt thereof by the
13election authority until 30 days after the election, except
14during the time such applications are kept in the office of the
15election authority pursuant to Section 19-7, and except during
16the time such applications are in the possession of the judges
17of election.
18(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-813,
19eff. 7-13-12; 98-104, eff. 7-22-13; 98-115, eff. 7-29-13;
2098-756, eff. 7-16-14.)
 
21    (10 ILCS 5/19-5)  (from Ch. 46, par. 19-5)
22    Sec. 19-5. It shall be the duty of the election authority
23to fold the ballot or ballots in the manner specified by the
24statute for folding ballots prior to their deposit in the
25ballot box, and to enclose such ballot or ballots in an

 

 

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

 

 

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

 

 

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

 

 

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1physically disabled voters."
2    In addition to the above, if a ballot to be provided to an
3elector pursuant to this Section contains a public question
4described in subsection (b) of Section 28-6 and the territory
5concerning which the question is to be submitted is not
6described on the ballot due to the space limitations of such
7ballot, the election authority shall provide a printed copy of
8a notice of the public question, which shall include a
9description of the territory in the manner required by Section
1016-7. The notice shall be furnished to the elector at the same
11time the ballot is delivered to the elector.
12(Source: P.A. 95-440, eff. 8-27-07; 96-553, eff. 8-17-09.)
 
13    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
14    Sec. 19-6. Such vote by mail absent voter shall make and
15subscribe to the certifications provided for in the application
16and on the return envelope for the ballot, and such ballot or
17ballots shall be folded by such voter in the manner required to
18be folded before depositing the same in the ballot box, and be
19deposited in such envelope and the envelope securely sealed.
20The voter shall then endorse his certificate upon the back of
21the envelope and the envelope shall be mailed in person by such
22voter, postage prepaid, to the election authority issuing the
23ballot or, if more convenient, it may be delivered in person,
24by either the voter or by any person authorized by the voter a
25spouse, parent, child, brother or sister of the voter, or by a

 

 

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

 

 

09800SB0172ham003- 182 -LRB098 04408 MGM 62669 a

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

 

 

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

 

 

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

 

 

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1authority with the day and hour of receipt and shall be counted
2at the central ballot counting location of the election
3authority during the same period provided for counting vote by
4mail absent voters' ballots under subsections (b), (g), and
5(g-5). Special write-in vote by mail absentee voter's blank
6ballots that are mailed to an election authority and postmarked
7by 7:00 p.m. the midnight preceding the opening of the polls on
8election day, but that are received by the election authority
9after the polls close on election day and before the closing of
10the period for counting provisional ballots cast at that
11election, shall be endorsed by the receiving authority with the
12day and hour of receipt and shall be counted at the central
13ballot counting location of the election authority during the
14same periods provided for counting vote by mail absent voters'
15ballots under subsection (c).
16    (e) Except as otherwise provided in this Section, vote by
17mail absent voters' ballots and special write-in vote by mail
18absentee voter's blank ballots received by the election
19authority after the closing of the polls on an election day
20shall be endorsed by the election authority receiving them with
21the day and hour of receipt and shall be safely kept unopened
22by the election authority for the period of time required for
23the preservation of ballots used at the election, and shall
24then, without being opened, be destroyed in like manner as the
25used ballots of that election.
26    (f) Counting required under this Section to begin on

 

 

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1election day after the closing of the polls shall commence no
2later than 8:00 p.m. and shall be conducted by a panel or
3panels of election judges appointed in the manner provided by
4law. The counting shall continue until all vote by mail absent
5voters' ballots and special write-in vote by mail absentee
6voter's blank ballots required to be counted on election day
7have been counted.
8    (g) The procedures set forth in Articles 17 and 18 of this
9Code shall apply to all ballots counted under this Section. In
10addition, within 2 days after a vote by mail an absentee
11ballot, other than an in-person absentee ballot, is received,
12but in all cases before the close of the period for counting
13provisional ballots, the election judge or official shall
14compare the voter's signature on the certification envelope of
15that vote by mail absentee ballot with the signature of the
16voter on file in the office of the election authority. If the
17election judge or official determines that the 2 signatures
18match, and that the vote by mail absentee voter is otherwise
19qualified to cast a vote by mail an absentee ballot, the
20election authority shall cast and count the ballot on election
21day or the day the ballot is determined to be valid, whichever
22is later, adding the results to the precinct in which the voter
23is registered. If the election judge or official determines
24that the signatures do not match, or that the vote by mail
25absentee voter is not qualified to cast a vote by mail an
26absentee ballot, then without opening the certification

 

 

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

 

 

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1the election, to show cause as to why the ballot should not be
2rejected. The voter may present evidence to the election
3authority supporting his or her contention that the ballot
4should be counted. The election authority shall appoint a panel
5of 3 election judges to review the contested ballot,
6application, and certification envelope, as well as any
7evidence submitted by the vote by mail absentee voter. No more
8than 2 election judges on the reviewing panel shall be of the
9same political party. The reviewing panel of election judges
10shall make a final determination as to the validity of the
11contested vote by mail absentee ballot. The judges'
12determination shall not be reviewable either administratively
13or judicially.
14    A vote by mail An absentee ballot subject to this
15subsection that is determined to be valid shall be counted
16before the close of the period for counting provisional
17ballots.
18    (g-10) All vote by mail absentee ballots determined to be
19valid shall be added to the vote totals for the precincts for
20which they were cast in the order in which the ballots were
21opened.
22    (h) Each political party, candidate, and qualified civic
23organization shall be entitled to have present one pollwatcher
24for each panel of election judges therein assigned.
25(Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06;
2695-699, eff. 11-9-07.)
 

 

 

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1    (10 ILCS 5/19-10)  (from Ch. 46, par. 19-10)
2    Sec. 19-10. Pollwatchers may be appointed to observe early
3in-person absentee voting procedures and view all reasonably
4requested records relating to the conduct of the election,
5provided the secrecy of the ballot is not impinged, at the
6office of the election authority as well as at municipal,
7township or road district clerks' offices where such early
8absentee voting is conducted. Such pollwatchers shall qualify
9and be appointed in the same manner as provided in Sections
107-34 and 17-23, except each candidate, political party or
11organization of citizens may appoint only one pollwatcher for
12each location where early in-person absentee voting is
13conducted. Pollwatchers must be registered to vote in Illinois
14and possess valid pollwatcher credentials.
15    In the polling place on election day, pollwatchers shall be
16permitted to be present during the casting of the vote by mail
17absent voters' ballots and the vote of any vote by mail absent
18voter may be challenged for cause the same as if he were
19present and voted in person, and the judges of the election or
20a majority thereof shall have power and authority to hear and
21determine the legality of such ballot; Provided, however, that
22if a challenge to any vote by mail absent voter's right to vote
23is sustained, notice of the same must be given by the judges of
24election by mail addressed to the voter's place of residence.
25    Where certain vote by mail absent voters' ballots are

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1James A. Lovell Federal Health Care Center.
2(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
3eff. 1-1-12; 97-813, eff. 7-13-12; 97-1064, eff. 1-1-13;
498-104, eff. 7-22-13.)
 
5    (10 ILCS 5/19-12.2)  (from Ch. 46, par. 19-12.2)
6    Sec. 19-12.2. Voting by physically incapacitated electors
7who have made proper application to the election authority not
8later than 5 days before the regular primary and general
9election of 1980 and before each election thereafter shall be
10conducted on the premises of (i) federally operated veterans'
11homes, hospitals, and facilities located in Illinois or (ii)
12facilities licensed or certified pursuant to the Nursing Home
13Care Act, the Specialized Mental Health Rehabilitation Act of
142013, or the ID/DD Community Care Act for the sole benefit of
15residents of such homes, hospitals, and facilities. For the
16purposes of this Section, "federally operated veterans' home,
17hospital, or facility" means the long-term care facilities at
18the Jesse Brown VA Medical Center, Illiana Health Care System,
19Edward Hines, Jr. VA Hospital, Marion VA Medical Center, and
20Captain James A. Lovell Federal Health Care Center. Such voting
21shall be conducted during any continuous period sufficient to
22allow all applicants to cast their ballots between the hours of
239 a.m. and 7 p.m. either on the Friday, Saturday, Sunday or
24Monday immediately preceding the regular election. This vote by
25mail absentee voting on one of said days designated by the

 

 

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

 

 

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

 

 

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1voting procedures heretofore prescribed may be implemented by 2
2of the election judges of opposite party affiliation assigned
3to that polling place during the hours of voting on the day of
4the election. Judges of election shall be compensated not less
5than $25.00 for conducting vote by mail absentee voting in such
6homes, hospitals, or facilities.
7    Not less than 120 days before each regular election, the
8Department of Public Health shall certify to the State Board of
9Elections a list of the facilities licensed or certified
10pursuant to the Nursing Home Care Act, the Specialized Mental
11Health Rehabilitation Act of 2013, or the ID/DD Community Care
12Act. The lists shall indicate the approved bed capacity and the
13name of the chief administrative officer of each such home,
14hospital, or facility, and the State Board of Elections shall
15certify the same to the appropriate election authority within
1620 days thereafter.
17(Source: P.A. 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; 97-275,
18eff. 1-1-12; 97-813, eff. 7-13-12; 98-104, eff. 7-22-13.)
 
19    (10 ILCS 5/19-13)  (from Ch. 46, par. 19-13)
20    Sec. 19-13. Any qualified voter who has been admitted to a
21hospital, nursing home, or rehabilitation center due to an
22illness or physical injury not more than 14 days before an
23election shall be entitled to personal delivery of a vote by
24mail an absentee ballot in the hospital, nursing home, or
25rehabilitation center subject to the following conditions:

 

 

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1    (1) The voter completes the Application for Physically
2Incapacitated Elector as provided in Section 19-3, stating as
3reasons therein that he is a patient in ............... (name
4of hospital/home/center), ............... located at,
5............... (address of hospital/home/center),
6............... (county, city/village), was admitted for
7............... (nature of illness or physical injury), on
8............... (date of admission), and does not expect to be
9released from the hospital/home/center on or before the day of
10election or, if released, is expected to be homebound on the
11day of the election and unable to travel to the polling place.
12    (2) The voter's physician completes a Certificate of
13Attending Physician in a form substantially as follows:
14
CERTIFICATE OF ATTENDING PHYSICIAN
15    I state that I am a physician, duly licensed to practice in
16the State of .........; that .......... is a patient in
17.......... (name of hospital/home/center), located at
18............. (address of hospital/home/center),
19................. (county, city/village); that such individual
20was admitted for ............. (nature of illness or physical
21injury), on ............ (date of admission); and that I have
22examined such individual in the State in which I am licensed to
23practice medicine and do not expect such individual to be
24released from the hospital/home/center on or before the day of
25election or, if released, to be able to travel to the polling
26place on election day.

 

 

09800SB0172ham003- 199 -LRB098 04408 MGM 62669 a

1    Under penalties as provided by law pursuant to Section
229-10 of The Election Code, the undersigned certifies that the
3statements set forth in this certification are true and
4correct.
5
(Signature) ...............
6
(Date licensed) ............
7    (3) Any person who is registered to vote in the same
8precinct as the admitted voter or any legal relative of the
9admitted voter may present such voter's vote by mail absentee
10ballot application, completed as prescribed in paragraph 1,
11accompanied by the physician's certificate, completed as
12prescribed in paragraph 2, to the election authority. Such
13precinct voter or relative shall execute and sign an affidavit
14furnished by the election authority attesting that he is a
15registered voter in the same precinct as the admitted voter or
16that he is a legal relative of the admitted voter and stating
17the nature of the relationship. Such precinct voter or relative
18shall further attest that he has been authorized by the
19admitted voter to obtain his or her vote by mail absentee
20ballot from the election authority and deliver such ballot to
21him in the hospital, home, or center.
22    Upon receipt of the admitted voter's application,
23physician's certificate, and the affidavit of the precinct
24voter or the relative, the election authority shall examine the
25registration records to determine if the applicant is qualified
26to vote and, if found to be qualified, shall provide the

 

 

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1precinct voter or the relative the vote by mail absentee ballot
2for delivery to the applicant.
3    Upon receipt of the vote by mail absentee ballot, the
4admitted voter shall mark the ballot in secret and subscribe to
5the certifications on the vote by mail absentee ballot return
6envelope. After depositing the ballot in the return envelope
7and securely sealing the envelope, such voter shall give the
8envelope to the precinct voter or the relative who shall
9deliver it to the election authority in sufficient time for the
10ballot to be delivered by the election authority to the
11election authority's central ballot counting location before 7
12p.m. on election day.
13    Upon receipt of the admitted voter's vote by mail absentee
14ballot, the ballot shall be counted in the manner prescribed in
15this Article.
16(Source: P.A. 94-18, eff. 6-14-05; 94-1000, eff. 7-3-06;
1795-878, eff. 1-1-09.)
 
18    (10 ILCS 5/19-15)
19    Sec. 19-15. Precinct tabulation optical scan technology
20voting equipment. If the election authority has adopted the use
21of Precinct Tabulation Optical Scan Technology voting
22equipment pursuant to Article 24B of this Code, and the
23provisions of the Article are in conflict with the provisions
24of this Article 19, the provisions of Article 24B shall govern
25the procedures followed by the election authority, its judges

 

 

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

 

 

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

 

 

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1    of election commissioners; the township clerk; or in
2    counties not under township organization, the road
3    district clerk; and
4        (2) limit voting at that polling place to registered
5    voters in that municipality, ward or group of wards,
6    township, or road district.
7    If the early voting polling place does not have the correct
8ballot form for a person seeking to vote early, the election
9judge or election official conducting early voting at that
10polling place shall inform the person of that fact, give the
11person the appropriate telephone number of the election
12authority in order to locate an early voting polling place with
13the correct ballot form for use in that person's assigned
14precinct, and instruct the person to go to the proper early
15voting polling place to vote early.
16    (c) During each general primary and general election, each
17election authority in a county with a population over 250,000
18shall establish at least one permanent polling place for early
19voting by personal appearance at a location within each of the
203 largest municipalities within its jurisdiction. If any of the
213 largest municipalities is over 80,000, the election authority
22shall establish at least 2 permanent polling places within the
23municipality. All population figures shall be determined by the
24federal census.
25    (d) During each general primary and general election, each
26board of election commissioners established under Article 6 of

 

 

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1this Code in any city, village, or incorporated town with a
2population over 100,000 shall establish at least 2 permanent
3polling places for early voting by personal appearance. All
4population figures shall be determined by the federal census.
5    (e) During each general primary and general election, each
6election authority in a county with a population of over
7100,000 but under 250,000 persons shall establish at least one
8permanent polling place for early voting by personal
9appearance. The location for early voting may be the election
10authority's main office or another location designated by the
11election authority. The election authority may designate
12additional sites for early voting by personal appearance. All
13population figures shall be determined by the federal census.
14    (f) No permanent polling place required by this Section
15shall be located within 1,500 feet from another permanent
16polling place required by this Section.
17(Source: P.A. 98-691, eff. 7-1-14.)
 
18    (10 ILCS 5/19A-15)
19    Sec. 19A-15. Period for early voting; hours.
20    (a) The period for early voting by personal appearance
21begins the 40th 15th day preceding a general primary,
22consolidated primary, consolidated, or general election and
23extends through the end of the 3rd day before election day,
24except that for the 2014 general election the period for early
25voting by personal appearance shall extend through the 2nd day

 

 

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1before election day.
2    (b) Except as otherwise provided by this Section, a
3permanent polling place for early voting must remain open
4beginning the 15th day before an election through the end of
5the day before election day during the hours of 8:30 a.m. to
64:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, except that
7beginning 8 days before election day, a permanent polling place
8for early voting must remain open during the hours of 8:30 a.m.
9to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and 9:00 a.m. to 12:00
10p.m. on Saturdays and holidays, and 10:00 a.m. to 4 p.m. 12:00
11p.m. to 3:00 p.m. on Sundays; except that, in addition to the
12hours required by this subsection, a permanent early voting
13polling place designated by an election authority under
14subsections subsection (c), (d), and (e) of Section 19A-10 must
15remain open for a total of at least 8 hours on any holiday
16during the early voting period and a total of at least 14 hours
17on the final weekend during the early voting period. For the
182014 general election, a permanent polling place for early
19voting must remain open during the hours of 8:30 a.m. to 4:30
20p.m. or 9:00 a.m. to 5:00 p.m. on weekdays, except that
21beginning 8 days before election day, a permanent polling place
22for early voting must remain open during the hours of 8:30 a.m.
23to 7:00 p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general
24election, a permanent polling place for early voting shall
25remain open during the hours of 9:00 a.m. to 12:00 p.m. on
26Saturdays and 10:00 a.m. to 4:00 p.m. on Sundays; except that,

 

 

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

 

 

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1eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14.)
 
2    (10 ILCS 5/19A-25)
3    Sec. 19A-25. Schedule of locations and times for early
4voting.
5    (a) The election authority shall publish during the week
6before the period for early voting and at least once each week
7during the period for early voting in a newspaper of general
8circulation in the election authority's jurisdiction a
9schedule stating:
10        (1) the location of each permanent and temporary
11    polling place for early voting and the precincts served by
12    each location; and
13        (2) the dates and hours that early voting will be
14    conducted at each location.
15    (b) The election authority shall post a copy of the
16schedule at any office or other location that is to be used as
17a polling place for early voting. The schedule must be posted
18continuously for a period beginning not later than the 5th day
19before the first day of the period for early voting by personal
20appearance and ending on the last day of that period.
21    (c) The election authority must make copies of the schedule
22available to the public in reasonable quantities without charge
23during the period of posting.
24    (d) If the election authority maintains a website, it shall
25make the schedule available on its website.

 

 

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1    (e) No additional polling places for early voting may be
2established after the schedule is published under this Section.
3    (f) At least 10 business days before the period for early
4voting begins, each election authority shall provide the State
5Board of Elections with a list of all early voting sites and
6the hours each site will be open.
7(Source: P.A. 94-645, eff. 8-22-05.)
 
8    (10 ILCS 5/19A-35)
9    Sec. 19A-35. Procedure for voting.
10    (a) Not more than 23 days before the start of the election,
11the county clerk shall make available to the election official
12conducting early voting by personal appearance a sufficient
13number of early ballots, envelopes, and printed voting
14instruction slips for the use of early voters. The election
15official shall receipt for all ballots received and shall
16return unused or spoiled ballots at the close of the early
17voting period to the county clerk and must strictly account for
18all ballots received. The ballots delivered to the election
19official must include early ballots for each precinct in the
20election authority's jurisdiction and must include separate
21ballots for each political subdivision conducting an election
22of officers or a referendum at that election.
23    (b) In conducting early voting under this Article, the
24election judge or official is required to verify the signature
25of the early voter by comparison with the signature on the

 

 

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1official registration card, and the judge or official must
2verify (i) the identity of the applicant, (ii) that the
3applicant is a registered voter, (iii) the precinct in which
4the applicant is registered, and (iv) the proper ballots of the
5political subdivision in which the applicant resides and is
6entitled to vote before providing an early ballot to the
7applicant. The Except for during the 2014 general election, the
8applicant's identity must be verified by the applicant's
9presentation of an Illinois driver's license, a non-driver
10identification card issued by the Illinois Secretary of State,
11a photo identification card issued by a university or college,
12or another government-issued identification document
13containing the applicant's photograph. The election judge or
14official must verify the applicant's registration from the most
15recent poll list provided by the election authority, and if the
16applicant is not listed on that poll list, by telephoning the
17office of the election authority.
18    (b-5) A person requesting an early voting ballot to whom a
19vote by mail an absentee ballot was issued may vote early if
20the person submits that vote by mail absentee ballot to the
21judges of election or official conducting early voting for
22cancellation. If the voter is unable to submit the vote by mail
23absentee ballot, it shall be sufficient for the voter to submit
24to the judges or official (i) a portion of the vote by mail
25absentee ballot if the vote by mail absentee ballot was torn or
26mutilated or (ii) an affidavit executed before the judges or

 

 

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1official specifying that (A) the voter never received a vote by
2mail an absentee ballot or (B) the voter completed and returned
3a vote by mail an absentee ballot and was informed that the
4election authority did not receive that vote by mail absentee
5ballot.
6    (b-10) Within one day after a voter casts an early voting
7ballot, the election authority shall transmit the voter's name,
8street address, and precinct, ward, township, and district
9numbers, as the case may be, to the State Board of Elections,
10which shall maintain those names and that information in an
11electronic format on its website, arranged by county and
12accessible to State and local political committees.
13    (b-15) Immediately after voting an early ballot, the voter
14shall be instructed whether the voting equipment accepted or
15rejected the ballot or identified that ballot as under-voted
16for a statewide constitutional office. A voter whose ballot is
17identified as under-voted may return to the voting booth and
18complete the voting of that ballot. A voter whose early voting
19ballot is not accepted by the voting equipment may, upon
20surrendering the ballot, request and vote another early voting
21ballot. The voter's surrendered ballot shall be initialed by
22the election judge or official conducting the early voting and
23handled as provided in the appropriate Article governing the
24voting equipment used.
25    (c) The sealed early ballots in their carrier envelope
26shall be delivered by the election authority to the central

 

 

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1ballot counting location before the close of the polls on the
2day of the election.
3(Source: P.A. 98-691, eff. 7-1-14.)
 
4    (10 ILCS 5/19A-75)
5    Sec. 19A-75. Early voting in jurisdictions using Direct
6Recording Electronic Voting Systems under Article 24C.
7Election authorities that have adopted for use Direct Recording
8Electronic Voting Systems under Article 24C may either use
9those voting systems to conduct early voting or, so long as at
10least one Direct Recording Electronic Voting System device is
11available at each early voting polling place, use whatever
12method the election authority uses for vote by mail absentee
13balloting conducted by mail; provided that no early ballots are
14counted before the polls close on election day.
15(Source: P.A. 94-645, eff. 8-22-05.)
 
16    (10 ILCS 5/20-1)  (from Ch. 46, par. 20-1)
17    Sec. 20-1. The following words and phrases contained in
18this Article shall be construed as follows:
19    1. "Territorial limits of the United States" means each of
20the several States of the United States and includes the
21District of Columbia, the Commonwealth of Puerto Rico, Guam and
22the Virgin Islands; but does not include American Samoa, the
23Canal Zone, the Trust Territory of the Pacific Islands or any
24other territory or possession of the United States.

 

 

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1    2. "Member of the United States Service" means (a) members
2of the Armed Forces while on active duty and their spouses and
3dependents of voting age when residing with or accompanying
4them, (b) members of the Merchant Marine of the United States
5and their spouses and dependents when residing with or
6accompanying them and (c) United States government employees
7serving outside the territorial limits of the United States.
8    3. "Citizens of the United States temporarily residing
9outside the territorial limits of the United States" means
10civilian citizens of the United States and their spouses and
11dependents of voting age when residing with or accompanying
12them, who maintain a precinct residence in a county in this
13State and whose intent to return may be ascertained.
14    4. "Non-Resident Civilian Citizens" means civilian
15citizens of the United States (a) who reside outside the
16territorial limits of the United States, (b) who had maintained
17a precinct residence in a county in this State immediately
18prior to their departure from the United States, (c) who do not
19maintain a residence and are not registered to vote in any
20other State, and (d) whose intent to return to this State may
21be uncertain.
22    5. "Official postcard" means the postcard application for
23registration to vote or for a vote by mail an absentee ballot
24in the form provided in Section 204(c) of the Federal Voting
25Rights Act of 1955, as amended (42 U.S.C. 1973cc-14(c)).
26    6. "Federal office" means the offices of President and

 

 

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1Vice-President of the United States, United States Senator,
2Representative in Congress, delegates and alternate delegates
3to the national nominating conventions and candidates for the
4Presidential Preference Primary.
5    7. "Federal election" means any general, primary or special
6election at which candidates are nominated or elected to
7Federal office.
8    8. "Dependent", for purposes of this Article, shall mean a
9father, mother, brother, sister, son or daughter.
10    9. "Electronic transmission" includes, but is not limited
11to, transmission by electronic mail or the Internet.
12(Source: P.A. 96-1004, eff. 1-1-11.)
 
13    (10 ILCS 5/20-2)  (from Ch. 46, par. 20-2)
14    Sec. 20-2. Any member of the United States Service,
15otherwise qualified to vote, who expects in the course of his
16duties to be absent from the county in which he resides on the
17day of holding any election may make application for a vote by
18mail an absentee ballot to the election authority having
19jurisdiction over his precinct of residence on the official
20postcard or on a form furnished by the election authority as
21prescribed by Section 20-3 of this Article not less than 10
22days before the election. A request pursuant to this Section
23shall entitle the applicant to a vote by mail an absentee
24ballot for every election in one calendar year. The original
25application for ballot shall be kept in the office of the

 

 

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1election authority for one year as authorization to send a
2ballot to the voter for each election to be held within that
3calendar year. A certified copy of such application for ballot
4shall be sent each election with the vote by mail absentee
5ballot to the election authority's central ballot counting
6location to be used in lieu of the original application for
7ballot. No registration shall be required in order to vote
8pursuant to this Section.
9    Ballots under this Section shall be mailed by the election
10authority in the manner prescribed by Section 20-5 of this
11Article and not otherwise. Ballots voted under this Section
12must be returned postmarked no later than midnight preceding
13election day and received for counting at the central ballot
14counting location of the election authority during the period
15for counting provisional ballots, the last day of which is the
1614th day following election day.
17(Source: P.A. 96-312, eff. 1-1-10.)
 
18    (10 ILCS 5/20-2.1)  (from Ch. 46, par. 20-2.1)
19    Sec. 20-2.1. Citizens of the United States temporarily
20residing outside the territorial limits of the United States
21who are not registered but otherwise qualified to vote and who
22expect to be absent from their county of residence during the
23periods of voter registration provided for in Articles 4, 5 or
246 of this Code and on the day of holding any election, may make
25simultaneous application to the election authority having

 

 

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1jurisdiction over their precinct of residence for an absentee
2registration by mail and vote by mail absentee ballot not less
3than 30 days before the election. Such application may be made
4on the official postcard or on a form furnished by the election
5authority as prescribed by Section 20-3 of this Article or by
6facsimile or electronic transmission. A request pursuant to
7this Section shall entitle the applicant to a vote by mail an
8absentee ballot for every election in one calendar year. The
9original application for ballot shall be kept in the office of
10the election authority for one year as authorization to send a
11ballot to the voter for each election to be held within that
12calendar year. A certified copy of such application for ballot
13shall be sent each election with the vote by mail absentee
14ballot to the election authority's central ballot counting
15location to be used in lieu of the original application for
16ballot.