093_SB0428ham001
LRB093 07599 BDD 15769 a
1 AMENDMENT TO SENATE BILL 428
2 AMENDMENT NO. . Amend Senate Bill 428 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The Election Code is amended by changing
5 Sections 2A-12, 4-6.2, 4-33, 5-16.2, 5-43, 6-50.2, 6-79, 7-7,
6 7-8, 7-10, 7-10.2, 7-17, 7-34, 7-41, 8-8.1, 9-1.5, 9-10,
7 9-21, 10-5.1, 13-1.1, 14-3.2, 16-3, 17-23, 17-29, 19-2.1,
8 19-2.2, 19-4, 19-10 24B-2, 24B-6, 24B-8, 24B-9, 24B-9.1,
9 24B-10, 24B-10.1, 24B-15, and 24B-18 and by adding Article
10 18A and Sections 1A-16, 1A-20, 9-1.14, 23-15.1, and 24A-22 as
11 follows:
12 (10 ILCS 5/1A-16 new)
13 Sec. 1A-16. Voter registration information; internet
14 posting; processing of voter registration forms; content of
15 such forms. Notwithstanding any law to the contrary, the
16 following provisions shall apply to voter registration under
17 this Code.
18 (a) Voter registration information; Internet posting of
19 voter registration form. Within 30 days after the effective
20 date of this amendatory Act of the 93rd General Assembly, the
21 State Board of Elections shall post on its World Wide Web
22 site the following information:
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1 (1) A comprehensive list of the names, addresses,
2 phone numbers, and websites, if applicable, of all county
3 clerks, election officials, and boards of election
4 commissioners in Illinois.
5 (2) A schedule of upcoming elections and the
6 deadline for voter registration.
7 (3) A downloadable, printable voter registration
8 form, in English and in Spanish versions, that a person
9 may complete and mail or submit to the State Board of
10 Elections or the appropriate county clerk, election
11 official, or board of election commissioners.
12 Any forms described under paragraph (3) must state the
13 following:
14 If you do not have a driver's license or social
15 security number, and this form is submitted by mail, and
16 you have never registered to vote in the jurisdiction you
17 are now registering in, then you must send, with this
18 application, either (i) a copy of a current and valid
19 photo identification, or (ii) a copy of a current utility
20 bill, bank statement, government check, paycheck, or
21 other government document that shows the name and address
22 of the voter. If you do not provide the information
23 required above, then you will be required to provide
24 election officials with either (i) or (ii) described
25 above the first time you vote at a voting place or by
26 absentee ballot.
27 (b) Processing of registration forms by the State Board
28 of Elections. The State Board of Elections shall accept all
29 completed voter registration forms described in subsection
30 (a)(3) that are:
31 (1) postmarked on or before the day that voter
32 registration is closed under the Election Code;
33 (2) not postmarked, but arrives no later than 5
34 days after the close of registration;
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1 (3) submitted in-person by a person using the form
2 on or before the day that voter registration is closed
3 under the Election Code; or
4 (4) submitted in-person by a person who submits one
5 or more forms on behalf of one or more persons who used
6 the form on or before the day that voter registration is
7 closed under the Election Code.
8 Upon the receipt of a registration form, the State Board
9 of Elections shall mark the date on which the form was
10 received and review the form to determine whether the person
11 submitting the form has properly completed it and is legally
12 qualified to register as a voter based on the supplied
13 information. After reviewing the form, the State Board of
14 Elections shall (1) indicate on the form whether the form has
15 been accepted or rejected, (2) mail a notice to applicant,
16 and (3) indicate on the form the date on which the notice was
17 mailed.
18 If the State Board of Elections determines that the
19 person submitting the form has not properly completed the
20 form or is not legally qualified to register, then the notice
21 shall indicate that the form has been rejected and shall
22 state the reason for rejection.
23 If the State Board of Elections determines that the
24 person submitting the form has properly completed the form
25 and is legally qualified to register, then the notice shall
26 indicate that the application has been accepted. A notice of
27 acceptance or a notice of rejection shall be sent as soon as
28 practicable, but in no case later than 5 business days after
29 it is received by the Board. The State Board of Elections
30 shall add any person who properly completed the form and is
31 legally qualified to register to the State voter registration
32 database described in Sections 4-33, 5-43, and 6-79 of the
33 Election Code. The State Board of Elections shall transmit a
34 copy of any notice of acceptance and a copy of all
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1 information submitted by the applicant to the registered
2 voter's county clerk or board of election commissioners, as
3 the case may be, on the same day the notice is sent to the
4 voter.
5 A notice of acceptance shall be sent by first-class mail
6 to the registered voter with instructions on the envelope
7 that it be returned if not deliverable at the address shown
8 on the envelope. A notice of acceptance shall indicate the
9 effective date of the applicant's registration, the date of
10 the next regularly scheduled election in which the person is
11 eligible to vote a full ballot, and, to the extent
12 practicable, the person's precinct and polling place. If a
13 notice of acceptance is returned undelivered, then the State
14 Board of Elections shall put the person on a list of inactive
15 registered voters on the State voter registration database.
16 (c) Processing of registration forms by county clerks
17 and boards of election commissioners. The county clerk or
18 board of election commissioners shall promulgate procedures
19 for processing the voter registration form. Those procedures
20 need only be reasonably similar to the process set forth in
21 subsection (b).
22 (d) Contents of the voter registration form. The State
23 Board shall create a voter registration form, which must
24 contain the following content:
25 (1) Instructions for completing the form.
26 (2) A summary of the qualifications to register to
27 vote in Illinois.
28 (3) Instructions for mailing in or submitting the
29 form in person.
30 (4) The phone number for the State Board of
31 Elections should a person submitting the form have
32 questions.
33 (5) A box for the person to check that explains one
34 of 3 reasons for submitting the form:
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1 (a) new registration;
2 (b) change of address; or
3 (c) change of name.
4 (6) a box for the person to check yes or no that
5 asks, "Are you a citizen of the United States?", a box
6 for the person to check yes or no that asks, "Will you be
7 18 years of age on or before election day?", and a
8 statement of "If you checked 'no' in response to either
9 of these questions, then do not complete this form.".
10 (7) A space for the person to fill in his or her
11 day-time telephone number.
12 (8) Spaces for the person to fill in his or her
13 first, middle, and last names, street address (principal
14 place of residence), county, city, state, and zip code.
15 (9) Spaces for the person to fill in his or her
16 mailing address, city, state, and zip code if different
17 from his or her principal place of residence.
18 (10) A space for the person to fill in his or her
19 Illinois driver's license number if the person has a
20 driver's license.
21 (11) A space for a person without a driver's
22 license to fill in the last four digits of his or her
23 social security number if the person has a social
24 security number card.
25 (12) A space for the person to fill in the last 4
26 digits of his or her Social Security number.
27 (13) A space for the person to fill in his or her
28 Illinois driver's license number or State identification
29 number.
30 (14) A space for the person to fill the name
31 appearing on his or her last voter registration, the
32 street address of his or her last registration, including
33 the city, county, state, and zip code.
34 (15) A space where the person swears or affirms the
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1 following under penalty of perjury with his or her
2 signature:
3 (a) "I am a citizen of the United States.";
4 (b) "I will be at least 18 years old on or
5 before the next election.";
6 (c) "I will have lived in the State of
7 Illinois and in my election precinct at least 30
8 days as of the date of the next election."; and
9 "All of the above information is true. I
10 understand that if the information is not true, then
11 I can be convicted for perjury and ordered to pay up
12 to $5,000 and be imprisoned for 2 to 5 years."
13 (d) Compliance with federal law; rulemaking authority.
14 The voter registration form described in this Section shall
15 be consistent with the form prescribed by the Federal
16 Election Commission under the National Voter Registration Act
17 of 1993, P.L. 103-31, as amended from time to time, and the
18 Help America Vote Act of 2002, P.L. 107-252, in all relevant
19 respects. The State Board of Elections shall periodically
20 up-date the form based on changes to federal or State law.
21 The State Board of Elections shall promulgate any rules
22 necessary for the implementation of this Section; provided
23 that the rules comport with the letter and spirit of the
24 National Voter Registration Act of 1993 and Help America Vote
25 Act of 2002 and maximize the opportunity for a person to
26 register to vote.
27 (e) Forms available in paper form. The State Board of
28 Elections shall make the voter registration form available in
29 regular paper stock and form in sufficient quantities for the
30 general public, Secretary of State, county clerks, boards of
31 election commissioners, designated agencies of the State of
32 Illinois, and any other person or entity designated to have
33 these forms by the Election Code. The State Board of
34 Elections, county clerks, boards of election commissioners,
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1 or other designated agencies of the State of Illinois
2 required to have these forms under the Election Code shall
3 provide a member of the public with any number of forms that
4 he or she may request. Nothing in this Section shall permit
5 the State Board of Elections, county clerk, board of election
6 commissioners, or other appropriate election official who may
7 accept a voter registration form to refuse to accept a voter
8 registration form because the form is printed on photocopier
9 or regular paper stock and form.
10 (f) Internet voter registration study. The State Board
11 of Elections shall investigate the feasibility of offering
12 voter registration on its website and consider voter
13 registration methods of other states in an effort to maximize
14 the opportunity for all Illinois citizens to register to
15 vote. The State Board of Elections shall assemble its
16 findings in a report and submit it to the General Assembly no
17 later than January 1, 2006. The report shall contain
18 legislative recommendations to the General Assembly on
19 improving voter registration in Illinois.
20 (10 ILCS 5/1A-20 new)
21 Sec. 1A-20. Help Illinois Vote Fund. The Help Illinois
22 Vote Fund is created as a special fund in the State treasury.
23 All federal funds received by the State from the
24 implementation of the federal Help America Vote Act of 2002
25 shall be deposited into the Help Illinois Vote Fund. Moneys
26 from any other source may be deposited into the Help Illinois
27 Vote Fund. The Help Illinois Vote Fund shall be appropriated
28 solely to the State Board of Elections for use in the
29 performance of activities and programs authorized or mandated
30 by or in accordance with the federal Help America Vote Act of
31 2002.
32 (10 ILCS 5/2A-12) (from Ch. 46, par. 2A-12)
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1 Sec. 2A-12. Board of Review - Time of Election. A
2 member of the Board of Review in any county which elects
3 members of a Board of Review shall be elected, at each
4 general election which immediately precedes the expiration of
5 the term of any incumbent member, to succeed each member
6 whose term ends before the following general election, except
7 that members of the Cook County Board of Review shall be
8 elected as provided in subsection (c) of Section 5-5 of the
9 Property Tax Code.
10 (Source: P.A. 80-936.)
11 (10 ILCS 5/4-6.2) (from Ch. 46, par. 4-6.2)
12 Sec. 4-6.2. (a) The county clerk shall appoint all
13 municipal and township or road district clerks or their duly
14 authorized deputies as deputy registrars who may accept the
15 registration of all qualified residents of their respective
16 municipalities, townships and road districts. A deputy
17 registrar serving as such by virtue of his status as a
18 municipal clerk, or a duly authorized deputy of a municipal
19 clerk, of a municipality the territory of which lies in more
20 than one county may accept the registration of any qualified
21 resident of the municipality, regardless of which county the
22 resident, municipal clerk or the duly authorized deputy of
23 the municipal clerk lives in.
24 The county clerk shall appoint all precinct
25 committeepersons in the county as deputy registrars who may
26 accept the registration of any qualified resident of the
27 county, except during the 27 days preceding an election.
28 The election authority shall appoint as deputy registrars
29 a reasonable number of employees of the Secretary of State
30 located at driver's license examination stations and
31 designated to the election authority by the Secretary of
32 State who may accept the registration of any qualified
33 residents of the county at any such driver's license
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1 examination stations. The appointment of employees of the
2 Secretary of State as deputy registrars shall be made in the
3 manner provided in Section 2-105 of the Illinois Vehicle
4 Code.
5 The county clerk shall appoint each of the following
6 named persons as deputy registrars upon the written request
7 of such persons:
8 1. The chief librarian, or a qualified person
9 designated by the chief librarian, of any public library
10 situated within the election jurisdiction, who may accept
11 the registrations of any qualified resident of the
12 county, at such library.
13 2. The principal, or a qualified person designated
14 by the principal, of any high school, elementary school,
15 or vocational school situated within the election
16 jurisdiction, who may accept the registrations of any
17 qualified resident of the county, at such school. The
18 county clerk shall notify every principal and
19 vice-principal of each high school, elementary school,
20 and vocational school situated within the election
21 jurisdiction of their eligibility to serve as deputy
22 registrars and offer training courses for service as
23 deputy registrars at conveniently located facilities at
24 least 4 months prior to every election.
25 3. The president, or a qualified person designated
26 by the president, of any university, college, community
27 college, academy or other institution of learning
28 situated within the election jurisdiction, who may accept
29 the registrations of any resident of the county, at such
30 university, college, community college, academy or
31 institution.
32 4. A duly elected or appointed official of a bona
33 fide labor organization, or a reasonable number of
34 qualified members designated by such official, who may
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1 accept the registrations of any qualified resident of the
2 county.
3 5. A duly elected or appointed official of a
4 bonafide State civic organization, as defined and
5 determined by rule of the State Board of Elections, or
6 qualified members designated by such official, who may
7 accept the registration of any qualified resident of the
8 county. In determining the number of deputy registrars
9 that shall be appointed, the county clerk shall consider
10 the population of the jurisdiction, the size of the
11 organization, the geographic size of the jurisdiction,
12 convenience for the public, the existing number of deputy
13 registrars in the jurisdiction and their location, the
14 registration activities of the organization and the need
15 to appoint deputy registrars to assist and facilitate the
16 registration of non-English speaking individuals. In no
17 event shall a county clerk fix an arbitrary number
18 applicable to every civic organization requesting
19 appointment of its members as deputy registrars. The
20 State Board of Elections shall by rule provide for
21 certification of bonafide State civic organizations. Such
22 appointments shall be made for a period not to exceed 2
23 years, terminating on the first business day of the month
24 following the month of the general election, and shall be
25 valid for all periods of voter registration as provided
26 by this Code during the terms of such appointments.
27 6. The Director of the Illinois Department of
28 Public Aid, or a reasonable number of employees
29 designated by the Director and located at public aid
30 offices, who may accept the registration of any qualified
31 resident of the county at any such public aid office.
32 7. The Director of the Illinois Department of
33 Employment Security, or a reasonable number of employees
34 designated by the Director and located at unemployment
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1 offices, who may accept the registration of any qualified
2 resident of the county at any such unemployment office.
3 8. The president of any corporation as defined by
4 the Business Corporation Act of 1983, or a reasonable
5 number of employees designated by such president, who may
6 accept the registrations of any qualified resident of the
7 county.
8 If the request to be appointed as deputy registrar is
9 denied, the county clerk shall, within 10 days after the date
10 the request is submitted, provide the affected individual or
11 organization with written notice setting forth the specific
12 reasons or criteria relied upon to deny the request to be
13 appointed as deputy registrar.
14 The county clerk may appoint as many additional deputy
15 registrars as he considers necessary. The county clerk shall
16 appoint such additional deputy registrars in such manner that
17 the convenience of the public is served, giving due
18 consideration to both population concentration and area.
19 Some of the additional deputy registrars shall be selected so
20 that there are an equal number from each of the 2 major
21 political parties in the election jurisdiction. The county
22 clerk, in appointing an additional deputy registrar, shall
23 make the appointment from a list of applicants submitted by
24 the Chairman of the County Central Committee of the
25 applicant's political party. A Chairman of a County Central
26 Committee shall submit a list of applicants to the county
27 clerk by November 30 of each year. The county clerk may
28 require a Chairman of a County Central Committee to furnish a
29 supplemental list of applicants.
30 Deputy registrars may accept registrations at any time
31 other than the 27 day period preceding an election. All
32 persons appointed as deputy registrars shall be registered
33 voters within the county and shall take and subscribe to the
34 following oath or affirmation:
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1 "I do solemnly swear (or affirm, as the case may be) that
2 I will support the Constitution of the United States, and the
3 Constitution of the State of Illinois, and that I will
4 faithfully discharge the duties of the office of deputy
5 registrar to the best of my ability and that I will register
6 no person nor cause the registration of any person except
7 upon his personal application before me.
8 ............................
9 (Signature Deputy Registrar)"
10 This oath shall be administered by the county clerk, or
11 by one of his deputies, or by any person qualified to take
12 acknowledgement of deeds and shall immediately thereafter be
13 filed with the county clerk.
14 Appointments of deputy registrars under this Section,
15 except precinct committeemen, shall be for 2-year terms,
16 commencing on December 1 following the general election of
17 each even-numbered year; except that the terms of the initial
18 appointments shall be until December 1st following the next
19 general election. Appointments of precinct committeemen shall
20 be for 2-year terms commencing on the date of the county
21 convention following the general primary at which they were
22 elected. The county clerk shall issue a certificate of
23 appointment to each deputy registrar, and shall maintain in
24 his office for public inspection a list of the names of all
25 appointees.
26 (b) The county clerk shall be responsible for training
27 all deputy registrars appointed pursuant to subsection (a),
28 at times and locations reasonably convenient for both the
29 county clerk and such appointees. The county clerk shall be
30 responsible for certifying and supervising all deputy
31 registrars appointed pursuant to subsection (a). Deputy
32 registrars appointed under subsection (a) shall be subject to
33 removal for cause.
34 (c) Completed registration materials under the control
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1 of deputy registrars, appointed pursuant to subsection (a),
2 shall be returned to the proper election authority within 7
3 days, except that completed registration materials received
4 by the deputy registrars during the period between the 35th
5 and 28th day preceding an election shall be returned by the
6 deputy registrars to the proper election authority within 48
7 hours after receipt thereof. The completed registration
8 materials received by the deputy registrars on the 28th day
9 preceding an election shall be returned by the deputy
10 registrars within 24 hours after receipt thereof. Unused
11 materials shall be returned by deputy registrars appointed
12 pursuant to paragraph 4 of subsection (a), not later than the
13 next working day following the close of registration.
14 (d) The county clerk or board of election commissioners,
15 as the case may be, must provide any additional forms
16 requested by any deputy registrar regardless of the number of
17 unaccounted registration forms the deputy registrar may have
18 in his or her possession.The county clerk shall not be
19 required to provide additional forms to any deputy registrar
20 having more than 200 registration forms unaccounted for
21 during the preceding 12 month period.
22 (e) No deputy registrar shall engage in any
23 electioneering or the promotion of any cause during the
24 performance of his or her duties.
25 (f) The county clerk shall not be criminally or civilly
26 liable for the acts or omissions of any deputy registrar.
27 Such deputy registrars shall not be deemed to be employees of
28 the county clerk.
29 (Source: P.A. 92-816, eff. 8-21-02.)
30 (10 ILCS 5/4-33)
31 Sec. 4-33. Computerization of voter records.
32 (a) The State Board of Elections shall design a
33 registration record card that, except as otherwise provided
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1 in this Section, shall be used in duplicate by all election
2 authorities in the State adopting a computer-based voter
3 registration file as provided in this Section. The Board
4 shall prescribe the form and specifications, including but
5 not limited to the weight of paper, color, and print of the
6 cards. The cards shall contain boxes or spaces for the
7 information required under Sections 4-8 and 4-21; provided
8 that the cards shall also contain a box or space for the
9 applicant's social security number, which shall be required
10 to the extent allowed by law but in no case shall the
11 applicant provide fewer than the last 4 digits of the social
12 security number, and a box for the applicant's telephone
13 number, if available, and a box for the applicant's driver's
14 license number, if any.
15 (b) The election authority may develop and implement a
16 system to prepare, use, and maintain a computer-based voter
17 registration file that includes a computer-stored image of
18 the signature of each voter. The computer-based voter
19 registration file may be used for all purposes for which the
20 original registration cards are to be used, provided that a
21 system for the storage of at least one copy of the original
22 registration cards remains in effect. The electronic file
23 shall be the master file.
24 (c) Any system created, used, and maintained under
25 subsection (b) of this Section shall meet the following
26 standards:
27 (1) Access to any computer-based voter registration
28 file shall be limited to those persons authorized by the
29 election authority, and each access to the computer-based
30 voter registration file, other than an access solely for
31 inquiry, shall be recorded.
32 (2) No copy, summary, list, abstract, or index of
33 any computer-based voter registration file that includes
34 any computer-stored image of the signature of any
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1 registered voter shall be made available to the public
2 outside of the offices of the election authority.
3 (3) Any copy, summary, list, abstract, or index of
4 any computer-based voter registration file that includes
5 a computer-stored image of the signature of a registered
6 voter shall be produced in such a manner that it cannot
7 be reproduced.
8 (4) Each person desiring to vote shall sign an
9 application for a ballot, and the signature comparison
10 authorized in Articles 17 and 18 of this Code may be made
11 to a copy of the computer-stored image of the signature
12 of the registered voter.
13 (5) Any voter list produced from a computer-based
14 voter registration file that includes computer-stored
15 images of the signatures of registered voters and is used
16 in a polling place during an election shall be preserved
17 by the election authority in secure storage until the end
18 of the second calendar year following the election in
19 which it was used.
20 (d) Before the first election in which the election
21 authority elects to use a voter list produced from the
22 computer-stored images of the signatures of registered voters
23 in a computer-based voter registration file for signature
24 comparison in a polling place, the State Board of Elections
25 shall certify that the system used by the election authority
26 complies with the standards set forth in this Section. The
27 State Board of Elections may request a sample poll list
28 intended to be used in a polling place to test the accuracy
29 of the list and the adequacy of the computer-stored images of
30 the signatures of the registered voters.
31 (e) With respect to a jurisdiction that has copied all
32 of its voter signatures into a computer-based registration
33 file, all references in this Act or any other Act to the use,
34 other than storage, of paper-based voter registration records
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1 shall be deemed to refer to their computer-based equivalents.
2 (f) Nothing in this Section prevents an election
3 authority from submitting to the State Board of Elections a
4 duplicate copy of some, as the State Board of Elections shall
5 determine, or all of the data contained in each voter
6 registration record that is part of the electronic master
7 file. The duplicate copy of the registration record shall be
8 maintained by the State Board of Elections under the same
9 terms and limitations applicable to the election authority
10 and shall be of equal legal dignity with the original
11 registration record maintained by the election authority as
12 proof of any fact contained in the voter registration record.
13 (Source: P.A. 91-73, eff. 7-9-99.)
14 (10 ILCS 5/5-16.2) (from Ch. 46, par. 5-16.2)
15 Sec. 5-16.2. (a) The county clerk shall appoint all
16 municipal and township clerks or their duly authorized
17 deputies as deputy registrars who may accept the registration
18 of all qualified residents of their respective counties. A
19 deputy registrar serving as such by virtue of his status as a
20 municipal clerk, or a duly authorized deputy of a municipal
21 clerk, of a municipality the territory of which lies in more
22 than one county may accept the registration of any qualified
23 resident of any county in which the municipality is located,
24 regardless of which county the resident, municipal clerk or
25 the duly authorized deputy of the municipal clerk lives in.
26 The county clerk shall appoint all precinct
27 committeepersons in the county as deputy registrars who may
28 accept the registration of any qualified resident of the
29 county, except during the 27 days preceding an election.
30 The election authority shall appoint as deputy registrars
31 a reasonable number of employees of the Secretary of State
32 located at driver's license examination stations and
33 designated to the election authority by the Secretary of
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1 State who may accept the registration of any qualified
2 residents of the county at any such driver's license
3 examination stations. The appointment of employees of the
4 Secretary of State as deputy registrars shall be made in the
5 manner provided in Section 2-105 of the Illinois Vehicle
6 Code.
7 The county clerk shall appoint each of the following
8 named persons as deputy registrars upon the written request
9 of such persons:
10 1. The chief librarian, or a qualified person
11 designated by the chief librarian, of any public library
12 situated within the election jurisdiction, who may accept
13 the registrations of any qualified resident of the
14 county, at such library.
15 2. The principal, or a qualified person designated
16 by the principal, of any high school, elementary school,
17 or vocational school situated within the election
18 jurisdiction, who may accept the registrations of any
19 resident of the county, at such school. The county clerk
20 shall notify every principal and vice-principal of each
21 high school, elementary school, and vocational school
22 situated within the election jurisdiction of their
23 eligibility to serve as deputy registrars and offer
24 training courses for service as deputy registrars at
25 conveniently located facilities at least 4 months prior
26 to every election.
27 3. The president, or a qualified person designated
28 by the president, of any university, college, community
29 college, academy or other institution of learning
30 situated within the election jurisdiction, who may accept
31 the registrations of any resident of the county, at such
32 university, college, community college, academy or
33 institution.
34 4. A duly elected or appointed official of a bona
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1 fide labor organization, or a reasonable number of
2 qualified members designated by such official, who may
3 accept the registrations of any qualified resident of the
4 county.
5 5. A duly elected or appointed official of a bona
6 fide State civic organization, as defined and determined
7 by rule of the State Board of Elections, or qualified
8 members designated by such official, who may accept the
9 registration of any qualified resident of the county. In
10 determining the number of deputy registrars that shall be
11 appointed, the county clerk shall consider the population
12 of the jurisdiction, the size of the organization, the
13 geographic size of the jurisdiction, convenience for the
14 public, the existing number of deputy registrars in the
15 jurisdiction and their location, the registration
16 activities of the organization and the need to appoint
17 deputy registrars to assist and facilitate the
18 registration of non-English speaking individuals. In no
19 event shall a county clerk fix an arbitrary number
20 applicable to every civic organization requesting
21 appointment of its members as deputy registrars. The
22 State Board of Elections shall by rule provide for
23 certification of bona fide State civic organizations.
24 Such appointments shall be made for a period not to
25 exceed 2 years, terminating on the first business day of
26 the month following the month of the general election,
27 and shall be valid for all periods of voter registration
28 as provided by this Code during the terms of such
29 appointments.
30 6. The Director of the Illinois Department of
31 Public Aid, or a reasonable number of employees
32 designated by the Director and located at public aid
33 offices, who may accept the registration of any qualified
34 resident of the county at any such public aid office.
-19- LRB093 07599 BDD 15769 a
1 7. The Director of the Illinois Department of
2 Employment Security, or a reasonable number of employees
3 designated by the Director and located at unemployment
4 offices, who may accept the registration of any qualified
5 resident of the county at any such unemployment office.
6 8. The president of any corporation as defined by
7 the Business Corporation Act of 1983, or a reasonable
8 number of employees designated by such president, who may
9 accept the registrations of any qualified resident of the
10 county.
11 If the request to be appointed as deputy registrar is
12 denied, the county clerk shall, within 10 days after the date
13 the request is submitted, provide the affected individual or
14 organization with written notice setting forth the specific
15 reasons or criteria relied upon to deny the request to be
16 appointed as deputy registrar.
17 The county clerk may appoint as many additional deputy
18 registrars as he considers necessary. The county clerk shall
19 appoint such additional deputy registrars in such manner that
20 the convenience of the public is served, giving due
21 consideration to both population concentration and area.
22 Some of the additional deputy registrars shall be selected so
23 that there are an equal number from each of the 2 major
24 political parties in the election jurisdiction. The county
25 clerk, in appointing an additional deputy registrar, shall
26 make the appointment from a list of applicants submitted by
27 the Chairman of the County Central Committee of the
28 applicant's political party. A Chairman of a County Central
29 Committee shall submit a list of applicants to the county
30 clerk by November 30 of each year. The county clerk may
31 require a Chairman of a County Central Committee to furnish a
32 supplemental list of applicants.
33 Deputy registrars may accept registrations at any time
34 other than the 27 day period preceding an election. All
-20- LRB093 07599 BDD 15769 a
1 persons appointed as deputy registrars shall be registered
2 voters within the county and shall take and subscribe to the
3 following oath or affirmation:
4 "I do solemnly swear (or affirm, as the case may be) that
5 I will support the Constitution of the United States, and the
6 Constitution of the State of Illinois, and that I will
7 faithfully discharge the duties of the office of deputy
8 registrar to the best of my ability and that I will register
9 no person nor cause the registration of any person except
10 upon his personal application before me.
11 ...............................
12 (Signature of Deputy Registrar)"
13 This oath shall be administered by the county clerk, or
14 by one of his deputies, or by any person qualified to take
15 acknowledgement of deeds and shall immediately thereafter be
16 filed with the county clerk.
17 Appointments of deputy registrars under this Section,
18 except precinct committeemen, shall be for 2-year terms,
19 commencing on December 1 following the general election of
20 each even-numbered year, except that the terms of the initial
21 appointments shall be until December 1st following the next
22 general election. Appointments of precinct committeemen
23 shall be for 2-year terms commencing on the date of the
24 county convention following the general primary at which they
25 were elected. The county clerk shall issue a certificate of
26 appointment to each deputy registrar, and shall maintain in
27 his office for public inspection a list of the names of all
28 appointees.
29 (b) The county clerk shall be responsible for training
30 all deputy registrars appointed pursuant to subsection (a),
31 at times and locations reasonably convenient for both the
32 county clerk and such appointees. The county clerk shall be
33 responsible for certifying and supervising all deputy
34 registrars appointed pursuant to subsection (a). Deputy
-21- LRB093 07599 BDD 15769 a
1 registrars appointed under subsection (a) shall be subject to
2 removal for cause.
3 (c) Completed registration materials under the control
4 of deputy registrars, appointed pursuant to subsection (a),
5 shall be returned to the proper election authority within 7
6 days, except that completed registration materials received
7 by the deputy registrars during the period between the 35th
8 and 28th day preceding an election shall be returned by the
9 deputy registrars to the proper election authority within 48
10 hours after receipt thereof. The completed registration
11 materials received by the deputy registrars on the 28th day
12 preceding an election shall be returned by the deputy
13 registrars within 24 hours after receipt thereof. Unused
14 materials shall be returned by deputy registrars appointed
15 pursuant to paragraph 4 of subsection (a), not later than the
16 next working day following the close of registration.
17 (d) The county clerk or board of election commissioners,
18 as the case may be, must provide any additional forms
19 requested by any deputy registrar regardless of the number of
20 unaccounted registration forms the deputy registrar may have
21 in his or her possession.The county clerk shall not be
22 required to provide additional forms to any deputy registrar
23 having more than 200 registration forms unaccounted for
24 during the preceding 12 month period.
25 (e) No deputy registrar shall engage in any
26 electioneering or the promotion of any cause during the
27 performance of his or her duties.
28 (f) The county clerk shall not be criminally or civilly
29 liable for the acts or omissions of any deputy registrar.
30 Such deputy registers shall not be deemed to be employees of
31 the county clerk.
32 (Source: P.A. 92-816, eff. 8-21-02.)
33 (10 ILCS 5/5-43)
-22- LRB093 07599 BDD 15769 a
1 Sec. 5-43. Computerization of voter records.
2 (a) The State Board of Elections shall design a
3 registration record card that, except as otherwise provided
4 in this Section, shall be used in duplicate by all election
5 authorities in the State adopting a computer-based voter
6 registration file as provided in this Section. The Board
7 shall prescribe the form and specifications, including but
8 not limited to the weight of paper, color, and print of the
9 cards. The cards shall contain boxes or spaces for the
10 information required under Sections 5-7 and 5-28.1; provided
11 that the cards shall also contain a box or space for the
12 applicant's social security number, which shall be required
13 to the extent allowed by law but in no case shall the
14 applicant provide fewer than the last 4 digits of the social
15 security number, and a box for the applicant's telephone
16 number, if available, and a box for the applicant's driver's
17 license number, if any.
18 (b) The election authority may develop and implement a
19 system to prepare, use, and maintain a computer-based voter
20 registration file that includes a computer-stored image of
21 the signature of each voter. The computer-based voter
22 registration file may be used for all purposes for which the
23 original registration cards are to be used, provided that a
24 system for the storage of at least one copy of the original
25 registration cards remains in effect. The electronic file
26 shall be the master file.
27 (c) Any system created, used, and maintained under
28 subsection (b) of this Section shall meet the following
29 standards:
30 (1) Access to any computer-based voter registration
31 file shall be limited to those persons authorized by the
32 election authority, and each access to the computer-based
33 voter registration file, other than an access solely for
34 inquiry, shall be recorded.
-23- LRB093 07599 BDD 15769 a
1 (2) No copy, summary, list, abstract, or index of
2 any computer-based voter registration file that includes
3 any computer-stored image of the signature of any
4 registered voter shall be made available to the public
5 outside of the offices of the election authority.
6 (3) Any copy, summary, list, abstract, or index of
7 any computer-based voter registration file that includes
8 a computer-stored image of the signature of a registered
9 voter shall be produced in such a manner that it cannot
10 be reproduced.
11 (4) Each person desiring to vote shall sign an
12 application for a ballot, and the signature comparison
13 authorized in Articles 17 and 18 of this Code may be made
14 to a copy of the computer-stored image of the signature
15 of the registered voter.
16 (5) Any voter list produced from a computer-based
17 voter registration file that includes computer-stored
18 images of the signatures of registered voters and is used
19 in a polling place during an election shall be preserved
20 by the election authority in secure storage until the end
21 of the second calendar year following the election in
22 which it was used.
23 (d) Before the first election in which the election
24 authority elects to use a voter list produced from the
25 computer-stored images of the signatures of registered voters
26 in a computer-based voter registration file for signature
27 comparison in a polling place, the State Board of Elections
28 shall certify that the system used by the election authority
29 complies with the standards set forth in this Section. The
30 State Board of Elections may request a sample poll list
31 intended to be used in a polling place to test the accuracy
32 of the list and the adequacy of the computer-stored images of
33 the signatures of the registered voters.
34 (e) With respect to a jurisdiction that has copied all
-24- LRB093 07599 BDD 15769 a
1 of its voter signatures into a computer-based registration
2 file, all references in this Act or any other Act to the use,
3 other than storage, of paper-based voter registration records
4 shall be deemed to refer to their computer-based equivalents.
5 (f) Nothing in this Section prevents an election
6 authority from submitting to the State Board of Elections a
7 duplicate copy of some, as the State Board of Elections shall
8 determine, or all of the data contained in each voter
9 registration record that is part of the electronic master
10 file. The duplicate copy of the registration record shall be
11 maintained by the State Board of Elections under the same
12 terms and limitations applicable to the election authority
13 and shall be of equal legal dignity with the original
14 registration record maintained by the election authority as
15 proof of any fact contained in the voter registration record.
16 (Source: P.A. 91-73, eff. 7-9-99.)
17 (10 ILCS 5/6-50.2) (from Ch. 46, par. 6-50.2)
18 Sec. 6-50.2. (a) The board of election commissioners
19 shall appoint all precinct committeepersons in the election
20 jurisdiction as deputy registrars who may accept the
21 registration of any qualified resident of the election
22 jurisdiction, except during the 27 days preceding an
23 election.
24 The election authority shall appoint as deputy registrars
25 a reasonable number of employees of the Secretary of State
26 located at driver's license examination stations and
27 designated to the election authority by the Secretary of
28 State who may accept the registration of any qualified
29 residents of the county at any such driver's license
30 examination stations. The appointment of employees of the
31 Secretary of State as deputy registrars shall be made in the
32 manner provided in Section 2-105 of the Illinois Vehicle
33 Code.
-25- LRB093 07599 BDD 15769 a
1 The board of election commissioners shall appoint each of
2 the following named persons as deputy registrars upon the
3 written request of such persons:
4 1. The chief librarian, or a qualified person
5 designated by the chief librarian, of any public library
6 situated within the election jurisdiction, who may accept
7 the registrations of any qualified resident of the
8 election jurisdiction, at such library.
9 2. The principal, or a qualified person designated
10 by the principal, of any high school, elementary school,
11 or vocational school situated within the election
12 jurisdiction, who may accept the registrations of any
13 resident of the election jurisdiction, at such school.
14 The board of election commissioners shall notify every
15 principal and vice-principal of each high school,
16 elementary school, and vocational school situated in the
17 election jurisdiction of their eligibility to serve as
18 deputy registrars and offer training courses for service
19 as deputy registrars at conveniently located facilities
20 at least 4 months prior to every election.
21 3. The president, or a qualified person designated
22 by the president, of any university, college, community
23 college, academy or other institution of learning
24 situated within the election jurisdiction, who may accept
25 the registrations of any resident of the election
26 jurisdiction, at such university, college, community
27 college, academy or institution.
28 4. A duly elected or appointed official of a bona
29 fide labor organization, or a reasonable number of
30 qualified members designated by such official, who may
31 accept the registrations of any qualified resident of the
32 election jurisdiction.
33 5. A duly elected or appointed official of a bona
34 fide State civic organization, as defined and determined
-26- LRB093 07599 BDD 15769 a
1 by rule of the State Board of Elections, or qualified
2 members designated by such official, who may accept the
3 registration of any qualified resident of the election
4 jurisdiction. In determining the number of deputy
5 registrars that shall be appointed, the board of election
6 commissioners shall consider the population of the
7 jurisdiction, the size of the organization, the
8 geographic size of the jurisdiction, convenience for the
9 public, the existing number of deputy registrars in the
10 jurisdiction and their location, the registration
11 activities of the organization and the need to appoint
12 deputy registrars to assist and facilitate the
13 registration of non-English speaking individuals. In no
14 event shall a board of election commissioners fix an
15 arbitrary number applicable to every civic organization
16 requesting appointment of its members as deputy
17 registrars. The State Board of Elections shall by rule
18 provide for certification of bona fide State civic
19 organizations. Such appointments shall be made for a
20 period not to exceed 2 years, terminating on the first
21 business day of the month following the month of the
22 general election, and shall be valid for all periods of
23 voter registration as provided by this Code during the
24 terms of such appointments.
25 6. The Director of the Illinois Department of
26 Public Aid, or a reasonable number of employees
27 designated by the Director and located at public aid
28 offices, who may accept the registration of any qualified
29 resident of the election jurisdiction at any such public
30 aid office.
31 7. The Director of the Illinois Department of
32 Employment Security, or a reasonable number of employees
33 designated by the Director and located at unemployment
34 offices, who may accept the registration of any qualified
-27- LRB093 07599 BDD 15769 a
1 resident of the election jurisdiction at any such
2 unemployment office. If the request to be appointed as
3 deputy registrar is denied, the board of election
4 commissioners shall, within 10 days after the date the
5 request is submitted, provide the affected individual or
6 organization with written notice setting forth the
7 specific reasons or criteria relied upon to deny the
8 request to be appointed as deputy registrar.
9 8. The president of any corporation, as defined by
10 the Business Corporation Act of 1983, or a reasonable
11 number of employees designated by such president, who may
12 accept the registrations of any qualified resident of the
13 election jurisdiction.
14 The board of election commissioners may appoint as many
15 additional deputy registrars as it considers necessary. The
16 board of election commissioners shall appoint such additional
17 deputy registrars in such manner that the convenience of the
18 public is served, giving due consideration to both population
19 concentration and area. Some of the additional deputy
20 registrars shall be selected so that there are an equal
21 number from each of the 2 major political parties in the
22 election jurisdiction. The board of election commissioners,
23 in appointing an additional deputy registrar, shall make the
24 appointment from a list of applicants submitted by the
25 Chairman of the County Central Committee of the applicant's
26 political party. A Chairman of a County Central Committee
27 shall submit a list of applicants to the board by November 30
28 of each year. The board may require a Chairman of a County
29 Central Committee to furnish a supplemental list of
30 applicants.
31 Deputy registrars may accept registrations at any time
32 other than the 27 day period preceding an election. All
33 persons appointed as deputy registrars shall be registered
34 voters within the election jurisdiction and shall take and
-28- LRB093 07599 BDD 15769 a
1 subscribe to the following oath or affirmation:
2 "I do solemnly swear (or affirm, as the case may be) that
3 I will support the Constitution of the United States, and the
4 Constitution of the State of Illinois, and that I will
5 faithfully discharge the duties of the office of registration
6 officer to the best of my ability and that I will register no
7 person nor cause the registration of any person except upon
8 his personal application before me.
9 ....................................
10 (Signature of Registration Officer)"
11 This oath shall be administered and certified to by one
12 of the commissioners or by the executive director or by some
13 person designated by the board of election commissioners, and
14 shall immediately thereafter be filed with the board of
15 election commissioners. The members of the board of election
16 commissioners and all persons authorized by them under the
17 provisions of this Article to take registrations, after
18 themselves taking and subscribing to the above oath, are
19 authorized to take or administer such oaths and execute such
20 affidavits as are required by this Article.
21 Appointments of deputy registrars under this Section,
22 except precinct committeemen, shall be for 2-year terms,
23 commencing on December 1 following the general election of
24 each even-numbered year, except that the terms of the initial
25 appointments shall be until December 1st following the next
26 general election. Appointments of precinct committeemen shall
27 be for 2-year terms commencing on the date of the county
28 convention following the general primary at which they were
29 elected. The county clerk shall issue a certificate of
30 appointment to each deputy registrar, and shall maintain in
31 his office for public inspection a list of the names of all
32 appointees.
33 (b) The board of election commissioners shall be
34 responsible for training all deputy registrars appointed
-29- LRB093 07599 BDD 15769 a
1 pursuant to subsection (a), at times and locations reasonably
2 convenient for both the board of election commissioners and
3 such appointees. The board of election commissioners shall
4 be responsible for certifying and supervising all deputy
5 registrars appointed pursuant to subsection (a). Deputy
6 registrars appointed under subsection (a) shall be subject to
7 removal for cause.
8 (c) Completed registration materials under the control
9 of deputy registrars appointed pursuant to subsection (a)
10 shall be returned to the proper election authority within 7
11 days, except that completed registration materials received
12 by the deputy registrars during the period between the 35th
13 and 28th day preceding an election shall be returned by the
14 deputy registrars to the proper election authority within 48
15 hours after receipt thereof. The completed registration
16 materials received by the deputy registrars on the 28th day
17 preceding an election shall be returned by the deputy
18 registrars within 24 hours after receipt thereof. Unused
19 materials shall be returned by deputy registrars appointed
20 pursuant to paragraph 4 of subsection (a), not later than the
21 next working day following the close of registration.
22 (d) The county clerk or board of election commissioners,
23 as the case may be, must provide any additional forms
24 requested by any deputy registrar regardless of the number of
25 unaccounted registration forms the deputy registrar may have
26 in his or her possession.The board of election commissioners
27 shall not be required to provide additional forms to any
28 deputy registrar having more than 200 registration forms
29 unaccounted for during the preceding 12 month period.
30 (e) No deputy registrar shall engage in any
31 electioneering or the promotion of any cause during the
32 performance of his or her duties.
33 (f) The board of election commissioners shall not be
34 criminally or civilly liable for the acts or omissions of any
-30- LRB093 07599 BDD 15769 a
1 deputy registrar. Such deputy registrars shall not be deemed
2 to be employees of the board of election commissioners.
3 (Source: P.A. 92-816, eff. 8-21-02.)
4 (10 ILCS 5/6-79)
5 Sec. 6-79. Computerization of voter records.
6 (a) The State Board of Elections shall design a
7 registration record card that, except as otherwise provided
8 in this Section, shall be used in duplicate by all election
9 authorities in the State adopting a computer-based voter
10 registration file as provided in this Section. The Board
11 shall prescribe the form and specifications, including but
12 not limited to the weight of paper, color, and print of the
13 cards. The cards shall contain boxes or spaces for the
14 information required under Sections 6-31.1 and 6-35; provided
15 that the cards shall also contain a box or space for the
16 applicant's social security number, which shall be required
17 to the extent allowed by law but in no case shall the
18 applicant provide fewer than the last 4 digits of the social
19 security number, and a box for the applicant's telephone
20 number, if available, and a box for the applicant's driver's
21 license number.
22 (b) The election authority may develop and implement a
23 system to prepare, use, and maintain a computer-based voter
24 registration file that includes a computer-stored image of
25 the signature of each voter. The computer-based voter
26 registration file may be used for all purposes for which the
27 original registration cards are to be used, provided that a
28 system for the storage of at least one copy of the original
29 registration cards remains in effect. The electronic file
30 shall be the master file.
31 (c) Any system created, used, and maintained under
32 subsection (b) of this Section shall meet the following
33 standards:
-31- LRB093 07599 BDD 15769 a
1 (1) Access to any computer-based voter registration
2 file shall be limited to those persons authorized by the
3 election authority, and each access to the computer-based
4 voter registration file, other than an access solely for
5 inquiry, shall be recorded.
6 (2) No copy, summary, list, abstract, or index of
7 any computer-based voter registration file that includes
8 any computer-stored image of the signature of any
9 registered voter shall be made available to the public
10 outside of the offices of the election authority.
11 (3) Any copy, summary, list, abstract, or index of
12 any computer-based voter registration file that includes
13 a computer-stored image of the signature of a registered
14 voter shall be produced in such a manner that it cannot
15 be reproduced.
16 (4) Each person desiring to vote shall sign an
17 application for a ballot, and the signature comparison
18 authorized in Articles 17 and 18 of this Code may be made
19 to a copy of the computer-stored image of the signature
20 of the registered voter.
21 (5) Any voter list produced from a computer-based
22 voter registration file that includes computer-stored
23 images of the signatures of registered voters and is used
24 in a polling place during an election shall be preserved
25 by the election authority in secure storage until the end
26 of the second calendar year following the election in
27 which it was used.
28 (d) Before the first election in which the election
29 authority elects to use a voter list produced from the
30 computer-stored images of the signatures of registered voters
31 in a computer-based voter registration file for signature
32 comparison in a polling place, the State Board of Elections
33 shall certify that the system used by the election authority
34 complies with the standards set forth in this Section. The
-32- LRB093 07599 BDD 15769 a
1 State Board of Elections may request a sample poll list
2 intended to be used in a polling place to test the accuracy
3 of the list and the adequacy of the computer-stored images of
4 the signatures of the registered voters.
5 (e) With respect to a jurisdiction that has copied all
6 of its voter signatures into a computer-based registration
7 file, all references in this Act or any other Act to the use,
8 other than storage, of paper-based voter registration records
9 shall be deemed to refer to their computer-based equivalents.
10 (f) Nothing in this Section prevents an election
11 authority from submitting to the State Board of Elections a
12 duplicate copy of some, as the State Board of Elections shall
13 determine, or all of the data contained in each voter
14 registration record that is part of the electronic master
15 file. The duplicate copy of the registration record shall be
16 maintained by the State Board of Elections under the same
17 terms and limitations applicable to the election authority
18 and shall be of equal legal dignity with the original
19 registration record maintained by the election authority as
20 proof of any fact contained in the voter registration record.
21 (Source: P.A. 91-73, eff. 7-9-99.)
22 (10 ILCS 5/7-7) (from Ch. 46, par. 7-7)
23 Sec. 7-7. For the purpose of making nominations in
24 certain instances as provided in this Article and this Act,
25 the following committees are authorized and shall constitute
26 the central or managing committees of each political party,
27 viz: A State central committee, a congressional committee for
28 each congressional district, a county central committee for
29 each county, a municipal central committee for each city,
30 incorporated town or village, a ward committeeman for each
31 ward in cities containing a population of 500,000 or more; a
32 township committeeman for each township or part of a township
33 that lies outside of cities having a population of 200,000 or
-33- LRB093 07599 BDD 15769 a
1 more, in counties having a population of 2,000,000 or more; a
2 precinct committeeman for each precinct in counties having a
3 population of less than 2,000,000; a county board district
4 committee for each county board district created under
5 Division 2-3 of the Counties Code; a State's Attorney
6 committee for each group of 2 or more counties which jointly
7 elect a State's Attorney; a Superintendent of Multi-County
8 Educational Service Region committee for each group of 2 or
9 more counties which jointly elect a Superintendent of a
10 Multi-County Educational Service Region; and a judicial
11 subcircuit committee in Cook County for each judicial
12 subcircuit in Cook County; and a board of review election
13 district committee for each Cook County Board of Review
14 election district.
15 (Source: P.A. 87-1052.)
16 (10 ILCS 5/7-8) (from Ch. 46, par. 7-8)
17 Sec. 7-8. The State central committee shall be composed
18 of one or two members from each congressional district in the
19 State and shall be elected as follows:
20 State Central Committee
21 (a) Within 30 days after the effective date of this
22 amendatory Act of 1983 the State central committee of each
23 political party shall certify to the State Board of Elections
24 which of the following alternatives it wishes to apply to the
25 State central committee of that party.
26 Alternative A. At the primary held on the third Tuesday
27 in March 1970, and at the primary held every 4 years
28 thereafter, each primary elector may vote for one candidate
29 of his party for member of the State central committee for
30 the congressional district in which he resides. The
31 candidate receiving the highest number of votes shall be
32 declared elected State central committeeman from the
33 district. A political party may, in lieu of the foregoing, by
-34- LRB093 07599 BDD 15769 a
1 a majority vote of delegates at any State convention of such
2 party, determine to thereafter elect the State central
3 committeemen in the manner following:
4 At the county convention held by such political party
5 State central committeemen shall be elected in the same
6 manner as provided in this Article for the election of
7 officers of the county central committee, and such election
8 shall follow the election of officers of the county central
9 committee. Each elected ward, township or precinct
10 committeeman shall cast as his vote one vote for each ballot
11 voted in his ward, township, part of a township or precinct
12 in the last preceding primary election of his political
13 party. In the case of a county lying partially within one
14 congressional district and partially within another
15 congressional district, each ward, township or precinct
16 committeeman shall vote only with respect to the
17 congressional district in which his ward, township, part of a
18 township or precinct is located. In the case of a
19 congressional district which encompasses more than one
20 county, each ward, township or precinct committeeman residing
21 within the congressional district shall cast as his vote one
22 vote for each ballot voted in his ward, township, part of a
23 township or precinct in the last preceding primary election
24 of his political party for one candidate of his party for
25 member of the State central committee for the congressional
26 district in which he resides and the Chairman of the county
27 central committee shall report the results of the election to
28 the State Board of Elections. The State Board of Elections
29 shall certify the candidate receiving the highest number of
30 votes elected State central committeeman for that
31 congressional district.
32 The State central committee shall adopt rules to provide
33 for and govern the procedures to be followed in the election
34 of members of the State central committee.
-35- LRB093 07599 BDD 15769 a
1 After the effective date of this amendatory Act of the
2 91st General Assembly, whenever a vacancy occurs in the
3 office of Chairman of a State central committee, or at the
4 end of the term of office of Chairman, the State central
5 committee of each political party that has selected
6 Alternative A shall elect a Chairman who shall not be
7 required to be a member of the State Central Committee. The
8 Chairman shall be a registered voter in this State and of the
9 same political party as the State central committee.
10 Alternative B. Each congressional committee shall,
11 within 30 days after the adoption of this alternative,
12 appoint a person of the sex opposite that of the incumbent
13 member for that congressional district to serve as an
14 additional member of the State central committee until his or
15 her successor is elected at the general primary election in
16 1986. Each congressional committee shall make this
17 appointment by voting on the basis set forth in paragraph (e)
18 of this Section. In each congressional district at the
19 general primary election held in 1986 and every 4 years
20 thereafter, the male candidate receiving the highest number
21 of votes of the party's male candidates for State central
22 committeeman, and the female candidate receiving the highest
23 number of votes of the party's female candidates for State
24 central committeewoman, shall be declared elected State
25 central committeeman and State central committeewoman from
26 the district. At the general primary election held in 1986
27 and every 4 years thereafter, if all a party's candidates for
28 State central committeemen or State central committeewomen
29 from a congressional district are of the same sex, the
30 candidate receiving the highest number of votes shall be
31 declared elected a State central committeeman or State
32 central committeewoman from the district, and, because of a
33 failure to elect one male and one female to the committee, a
34 vacancy shall be declared to exist in the office of the
-36- LRB093 07599 BDD 15769 a
1 second member of the State central committee from the
2 district. This vacancy shall be filled by appointment by the
3 congressional committee of the political party, and the
4 person appointed to fill the vacancy shall be a resident of
5 the congressional district and of the sex opposite that of
6 the committeeman or committeewoman elected at the general
7 primary election. Each congressional committee shall make
8 this appointment by voting on the basis set forth in
9 paragraph (e) of this Section.
10 The Chairman of a State central committee composed as
11 provided in this Alternative B must be selected from the
12 committee's members.
13 Except as provided for in Alternative A with respect to
14 the selection of the Chairman of the State central committee,
15 under both of the foregoing alternatives, the State central
16 committee of each political party shall be composed of
17 members elected or appointed from the several congressional
18 districts of the State, and of no other person or persons
19 whomsoever. The members of the State central committee
20 shall, within 30 days after each quadrennial election of the
21 full committee, meet in the city of Springfield and organize
22 by electing a chairman, and may at such time elect such
23 officers from among their own number (or otherwise), as they
24 may deem necessary or expedient. The outgoing chairman of the
25 State central committee of the party shall, 10 days before
26 the meeting, notify each member of the State central
27 committee elected at the primary of the time and place of
28 such meeting. In the organization and proceedings of the
29 State central committee, each State central committeeman and
30 State central committeewoman shall have one vote for each
31 ballot voted in his or her congressional district by the
32 primary electors of his or her party at the primary election
33 immediately preceding the meeting of the State central
34 committee. Whenever a vacancy occurs in the State central
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1 committee of any political party, the vacancy shall be filled
2 by appointment of the chairmen of the county central
3 committees of the political party of the counties located
4 within the congressional district in which the vacancy occurs
5 and, if applicable, the ward and township committeemen of the
6 political party in counties of 2,000,000 or more inhabitants
7 located within the congressional district. If the
8 congressional district in which the vacancy occurs lies
9 wholly within a county of 2,000,000 or more inhabitants, the
10 ward and township committeemen of the political party in that
11 congressional district shall vote to fill the vacancy. In
12 voting to fill the vacancy, each chairman of a county central
13 committee and each ward and township committeeman in counties
14 of 2,000,000 or more inhabitants shall have one vote for each
15 ballot voted in each precinct of the congressional district
16 in which the vacancy exists of his or her county, township,
17 or ward cast by the primary electors of his or her party at
18 the primary election immediately preceding the meeting to
19 fill the vacancy in the State central committee. The person
20 appointed to fill the vacancy shall be a resident of the
21 congressional district in which the vacancy occurs, shall be
22 a qualified voter, and, in a committee composed as provided
23 in Alternative B, shall be of the same sex as his or her
24 predecessor. A political party may, by a majority vote of the
25 delegates of any State convention of such party, determine to
26 return to the election of State central committeeman and
27 State central committeewoman by the vote of primary electors.
28 Any action taken by a political party at a State convention
29 in accordance with this Section shall be reported to the
30 State Board of Elections by the chairman and secretary of
31 such convention within 10 days after such action.
32 Ward, Township and Precinct Committeemen
33 (b) At the primary held on the third Tuesday in March,
34 1972, and every 4 years thereafter, each primary elector in
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1 cities having a population of 200,000 or over may vote for
2 one candidate of his party in his ward for ward committeeman.
3 Each candidate for ward committeeman must be a resident of
4 and in the ward where he seeks to be elected ward
5 committeeman. The one having the highest number of votes
6 shall be such ward committeeman of such party for such ward.
7 At the primary election held on the third Tuesday in March,
8 1970, and every 4 years thereafter, each primary elector in
9 counties containing a population of 2,000,000 or more,
10 outside of cities containing a population of 200,000 or more,
11 may vote for one candidate of his party for township
12 committeeman. Each candidate for township committeeman must
13 be a resident of and in the township or part of a township
14 (which lies outside of a city having a population of 200,000
15 or more, in counties containing a population of 2,000,000 or
16 more), and in which township or part of a township he seeks
17 to be elected township committeeman. The one having the
18 highest number of votes shall be such township committeeman
19 of such party for such township or part of a township. At the
20 primary held on the third Tuesday in March, 1970 and every 2
21 years thereafter, each primary elector, except in counties
22 having a population of 2,000,000 or over, may vote for one
23 candidate of his party in his precinct for precinct
24 committeeman. Each candidate for precinct committeeman must
25 be a bona fide resident of the precinct where he seeks to be
26 elected precinct committeeman. The one having the highest
27 number of votes shall be such precinct committeeman of such
28 party for such precinct. The official returns of the primary
29 shall show the name of the committeeman of each political
30 party.
31 Terms of Committeemen. All precinct committeemen elected
32 under the provisions of this Article shall continue as such
33 committeemen until the date of the primary to be held in the
34 second year after their election. Except as otherwise
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1 provided in this Section for certain State central
2 committeemen who have 2 year terms, all State central
3 committeemen, township committeemen and ward committeemen
4 shall continue as such committeemen until the date of primary
5 to be held in the fourth year after their election. However,
6 a vacancy exists in the office of precinct committeeman when
7 a precinct committeeman ceases to reside in the precinct in
8 which he was elected and such precinct committeeman shall
9 thereafter neither have nor exercise any rights, powers or
10 duties as committeeman in that precinct, even if a successor
11 has not been elected or appointed.
12 (c) The Multi-Township Central Committee shall consist
13 of the precinct committeemen of such party, in the
14 multi-township assessing district formed pursuant to Section
15 2-10 of the Property Tax Code and shall be organized for the
16 purposes set forth in Section 45-25 of the Township Code. In
17 the organization and proceedings of the Multi-Township
18 Central Committee each precinct committeeman shall have one
19 vote for each ballot voted in his precinct by the primary
20 electors of his party at the primary at which he was elected.
21 County Central Committee
22 (d) The county central committee of each political party
23 in each county shall consist of the various township
24 committeemen, precinct committeemen and ward committeemen, if
25 any, of such party in the county. In the organization and
26 proceedings of the county central committee, each precinct
27 committeeman shall have one vote for each ballot voted in his
28 precinct by the primary electors of his party at the primary
29 at which he was elected; each township committeeman shall
30 have one vote for each ballot voted in his township or part
31 of a township as the case may be by the primary electors of
32 his party at the primary election for the nomination of
33 candidates for election to the General Assembly immediately
34 preceding the meeting of the county central committee; and in
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1 the organization and proceedings of the county central
2 committee, each ward committeeman shall have one vote for
3 each ballot voted in his ward by the primary electors of his
4 party at the primary election for the nomination of
5 candidates for election to the General Assembly immediately
6 preceding the meeting of the county central committee.
7 Cook County Board of Review Election District Committee
8 (d-1) Each board of review election district committee
9 of each political party in Cook County shall consist of the
10 various township committeemen and ward committeemen, if any,
11 of that party in the portions of the county composing the
12 board of review election district. In the organization and
13 proceedings of each of the 3 election district committees,
14 each township committeeman shall have one vote for each
15 ballot voted in his or her township or part of a township, as
16 the case may be, by the primary electors of his or her party
17 at the primary election immediately preceding the meeting of
18 the board of review election district committee; and in the
19 organization and proceedings of each of the 3 election
20 district committees, each ward or township committeeman shall
21 have one vote for each ballot voted in his or her ward by the
22 primary electors of his or her party at the primary election
23 immediately preceding the meeting of the board of review
24 election district committee.
25 Congressional Committee
26 (e) The congressional committee of each party in each
27 congressional district shall be composed of the chairmen of
28 the county central committees of the counties composing the
29 congressional district, except that in congressional
30 districts wholly within the territorial limits of one county,
31 or partly within 2 or more counties, but not coterminous with
32 the county lines of all of such counties, the precinct
33 committeemen, township committeemen and ward committeemen, if
34 any, of the party representing the precincts within the
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1 limits of the congressional district, shall compose the
2 congressional committee. A State central committeeman in each
3 district shall be a member and the chairman or, when a
4 district has 2 State central committeemen, a co-chairman of
5 the congressional committee, but shall not have the right to
6 vote except in case of a tie.
7 In the organization and proceedings of congressional
8 committees composed of precinct committeemen or township
9 committeemen or ward committeemen, or any combination
10 thereof, each precinct committeeman shall have one vote for
11 each ballot voted in his precinct by the primary electors of
12 his party at the primary at which he was elected, each
13 township committeeman shall have one vote for each ballot
14 voted in his township or part of a township as the case may
15 be by the primary electors of his party at the primary
16 election immediately preceding the meeting of the
17 congressional committee, and each ward committeeman shall
18 have one vote for each ballot voted in each precinct of his
19 ward located in such congressional district by the primary
20 electors of his party at the primary election immediately
21 preceding the meeting of the congressional committee; and in
22 the organization and proceedings of congressional committees
23 composed of the chairmen of the county central committees of
24 the counties within such district, each chairman of such
25 county central committee shall have one vote for each ballot
26 voted in his county by the primary electors of his party at
27 the primary election immediately preceding the meeting of the
28 congressional committee.
29 Judicial District Committee
30 (f) The judicial district committee of each political
31 party in each judicial district shall be composed of the
32 chairman of the county central committees of the counties
33 composing the judicial district.
34 In the organization and proceedings of judicial district
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1 committees composed of the chairmen of the county central
2 committees of the counties within such district, each
3 chairman of such county central committee shall have one vote
4 for each ballot voted in his county by the primary electors
5 of his party at the primary election immediately preceding
6 the meeting of the judicial district committee.
7 Circuit Court Committee
8 (g) The circuit court committee of each political party
9 in each judicial circuit outside Cook County shall be
10 composed of the chairmen of the county central committees of
11 the counties composing the judicial circuit.
12 In the organization and proceedings of circuit court
13 committees, each chairman of a county central committee shall
14 have one vote for each ballot voted in his county by the
15 primary electors of his party at the primary election
16 immediately preceding the meeting of the circuit court
17 committee.
18 Judicial Subcircuit Committee
19 (g-1) The judicial subcircuit committee of each
20 political party in each judicial subcircuit in Cook County
21 shall be composed of the ward and township committeemen of
22 the townships and wards composing the judicial subcircuit.
23 In the organization and proceedings of each judicial
24 subcircuit committee, each township committeeman shall have
25 one vote for each ballot voted in his township or part of a
26 township, as the case may be, in the judicial subcircuit by
27 the primary electors of his party at the primary election
28 immediately preceding the meeting of the judicial subcircuit
29 committee; and each ward committeeman shall have one vote for
30 each ballot voted in his ward or part of a ward, as the case
31 may be, in the judicial subcircuit by the primary electors of
32 his party at the primary election immediately preceding the
33 meeting of the judicial subcircuit committee.
34 Municipal Central Committee
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1 (h) The municipal central committee of each political
2 party shall be composed of the precinct, township or ward
3 committeemen, as the case may be, of such party representing
4 the precincts or wards, embraced in such city, incorporated
5 town or village. The voting strength of each precinct,
6 township or ward committeeman on the municipal central
7 committee shall be the same as his voting strength on the
8 county central committee.
9 For political parties, other than a statewide political
10 party, established only within a municipality or township,
11 the municipal or township managing committee shall be
12 composed of the party officers of the local established
13 party. The party officers of a local established party shall
14 be as follows: the chairman and secretary of the caucus for
15 those municipalities and townships authorized by statute to
16 nominate candidates by caucus shall serve as party officers
17 for the purpose of filling vacancies in nomination under
18 Section 7-61; for municipalities and townships authorized by
19 statute or ordinance to nominate candidates by petition and
20 primary election, the party officers shall be the party's
21 candidates who are nominated at the primary. If no party
22 primary was held because of the provisions of Section 7-5,
23 vacancies in nomination shall be filled by the party's
24 remaining candidates who shall serve as the party's officers.
25 Powers
26 (i) Each committee and its officers shall have the
27 powers usually exercised by such committees and by the
28 officers thereof, not inconsistent with the provisions of
29 this Article. The several committees herein provided for
30 shall not have power to delegate any of their powers, or
31 functions to any other person, officer or committee, but this
32 shall not be construed to prevent a committee from appointing
33 from its own membership proper and necessary subcommittees.
34 (j) The State central committee of a political party
-44- LRB093 07599 BDD 15769 a
1 which elects it members by Alternative B under paragraph (a)
2 of this Section shall adopt a plan to give effect to the
3 delegate selection rules of the national political party and
4 file a copy of such plan with the State Board of Elections
5 when approved by a national political party.
6 (k) For the purpose of the designation of a proxy by a
7 Congressional Committee to vote in place of an absent State
8 central committeeman or committeewoman at meetings of the
9 State central committee of a political party which elects its
10 members by Alternative B under paragraph (a) of this Section,
11 the proxy shall be appointed by the vote of the ward and
12 township committeemen, if any, of the wards and townships
13 which lie entirely or partially within the Congressional
14 District from which the absent State central committeeman or
15 committeewoman was elected and the vote of the chairmen of
16 the county central committees of those counties which lie
17 entirely or partially within that Congressional District and
18 in which there are no ward or township committeemen. When
19 voting for such proxy the county chairman, ward committeeman
20 or township committeeman, as the case may be shall have one
21 vote for each ballot voted in his county, ward or township,
22 or portion thereof within the Congressional District, by the
23 primary electors of his party at the primary at which he was
24 elected. However, the absent State central committeeman or
25 committeewoman may designate a proxy when permitted by the
26 rules of a political party which elects its members by
27 Alternative B under paragraph (a) of this Section.
28 (Source: P.A. 90-627, eff. 7-10-98; 91-426, eff. 8-6-99.)
29 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
30 Sec. 7-10. Form of petition for nomination. The name of
31 no candidate for nomination, or State central committeeman,
32 or township committeeman, or precinct committeeman, or ward
33 committeeman or candidate for delegate or alternate delegate
-45- LRB093 07599 BDD 15769 a
1 to national nominating conventions, shall be printed upon the
2 primary ballot unless a petition for nomination has been
3 filed in his behalf as provided in this Article in
4 substantially the following form:
5 We, the undersigned, members of and affiliated with the
6 .... party and qualified primary electors of the .... party,
7 in the .... of ...., in the county of .... and State of
8 Illinois, do hereby petition that the following named person
9 or persons shall be a candidate or candidates of the ....
10 party for the nomination for (or in case of committeemen for
11 election to) the office or offices hereinafter specified, to
12 be voted for at the primary election to be held on (insert
13 date).
14 Name Office Address
15 John Jones Governor Belvidere, Ill.
16 Thomas Smith Attorney General Oakland, Ill.
17 Name.................. Address.......................
18 State of Illinois)
19 ) ss.
20 County of........)
21 I, ...., do hereby certify that I reside at No. ....
22 street, in the .... of ...., county of ...., and State of
23 ....., that I am 18 years of age or older, that I am a
24 citizen of the United States, and that the signatures on this
25 sheet were signed in my presence, and are genuine, and that
26 to the best of my knowledge and belief the persons so signing
27 were at the time of signing the petitions qualified voters of
28 the .... party, and that their respective residences are
29 correctly stated, as above set forth.
30 .........................
31 Subscribed and sworn to before me on (insert date).
32 .........................
33 Each sheet of the petition other than the statement of
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1 candidacy and candidate's statement shall be of uniform size
2 and shall contain above the space for signatures an
3 appropriate heading giving the information as to name of
4 candidate or candidates, in whose behalf such petition is
5 signed; the office, the political party represented and place
6 of residence; and the heading of each sheet shall be the
7 same.
8 Such petition shall be signed by qualified primary
9 electors residing in the political division for which the
10 nomination is sought in their own proper persons only and
11 opposite the signature of each signer, his residence address
12 shall be written or printed. The residence address required
13 to be written or printed opposite each qualified primary
14 elector's name shall include the street address or rural
15 route number of the signer, as the case may be, as well as
16 the signer's county, and city, village or town, and state.
17 However the county or city, village or town, and state of
18 residence of the electors may be printed on the petition
19 forms where all of the electors signing the petition reside
20 in the same county or city, village or town, and state.
21 Standard abbreviations may be used in writing the residence
22 address, including street number, if any. At the bottom of
23 each sheet of such petition shall be added a circulator
24 statement signed by a person 18 years of age or older who is
25 a citizen of the United States, stating the street address or
26 rural route number, as the case may be, as well as the
27 county, city, village or town, and state; and certifying that
28 the signatures on that sheet of the petition were signed in
29 his or her presence and certifying that the signatures are
30 genuine; and either (1) indicating the dates on which that
31 sheet was circulated, or (2) indicating the first and last
32 dates on which the sheet was circulated, or (3) certifying
33 that none of the signatures on the sheet were signed more
34 than 90 days preceding the last day for the filing of the
-47- LRB093 07599 BDD 15769 a
1 petition and certifying that to the best of his or her
2 knowledge and belief the persons so signing were at the time
3 of signing the petitions qualified voters of the political
4 party for which a nomination is sought. Such statement shall
5 be sworn to before some officer authorized to administer
6 oaths in this State.
7 No petition sheet shall be circulated more than 90 days
8 preceding the last day provided in Section 7-12 for the
9 filing of such petition.
10 The person circulating the petition, or the candidate on
11 whose behalf the petition is circulated, may strike any
12 signature from the petition, provided that:
13 (1) the person striking the signature shall initial
14 the petition at the place where the signature is struck;
15 and
16 (2) the person striking the signature shall sign a
17 certification listing the page number and line number of
18 each signature struck from the petition. Such
19 certification shall be filed as a part of the petition.
20 Such sheets before being filed shall be neatly fastened
21 together in book form, by placing the sheets in a pile and
22 fastening them together at one edge in a secure and suitable
23 manner, and the sheets shall then be numbered consecutively.
24 The sheets shall not be fastened by pasting them together end
25 to end, so as to form a continuous strip or roll. All
26 petition sheets which are filed with the proper local
27 election officials, election authorities or the State Board
28 of Elections shall be the original sheets which have been
29 signed by the voters and by the circulator thereof, and not
30 photocopies or duplicates of such sheets. Each petition must
31 include as a part thereof, a statement of candidacy for each
32 of the candidates filing, or in whose behalf the petition is
33 filed. This statement shall set out the address of such
34 candidate, the office for which he is a candidate, shall
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1 state that the candidate is a qualified primary voter of the
2 party to which the petition relates and is qualified for the
3 office specified (in the case of a candidate for State's
4 Attorney it shall state that the candidate is at the time of
5 filing such statement a licensed attorney-at-law of this
6 State), shall state that he has filed (or will file before
7 the close of the petition filing period) a statement of
8 economic interests as required by the Illinois Governmental
9 Ethics Act, shall request that the candidate's name be placed
10 upon the official ballot, and shall be subscribed and sworn
11 to by such candidate before some officer authorized to take
12 acknowledgment of deeds in the State and shall be in
13 substantially the following form:
14 Statement of Candidacy
15 Name Address Office District Party
16 John Jones 102 Main St. Governor Statewide Republican
17 Belvidere,
18 Illinois
19 State of Illinois)
20 ) ss.
21 County of .......)
22 I, ...., being first duly sworn, say that I reside at
23 .... Street in the city (or village) of ...., in the county
24 of ...., State of Illinois; that I am a qualified voter
25 therein and am a qualified primary voter of the .... party;
26 that I am a candidate for nomination (for election in the
27 case of committeeman and delegates and alternate delegates)
28 to the office of .... to be voted upon at the primary
29 election to be held on (insert date); that I am legally
30 qualified (including being the holder of any license that may
31 be an eligibility requirement for the office I seek the
32 nomination for) to hold such office and that I have filed (or
33 I will file before the close of the petition filing period) a
34 statement of economic interests as required by the Illinois
-49- LRB093 07599 BDD 15769 a
1 Governmental Ethics Act and I hereby request that my name be
2 printed upon the official primary ballot for nomination for
3 (or election to in the case of committeemen and delegates and
4 alternate delegates) such office.
5 Signed ......................
6 Subscribed and sworn to (or affirmed) before me by ....,
7 who is to me personally known, on (insert date).
8 Signed ....................
9 (Official Character)
10 (Seal, if officer has one.)
11 The petitions, when filed, shall not be withdrawn or
12 added to, and no signatures shall be revoked except by
13 revocation filed in writing with the State Board of
14 Elections, election authority or local election official with
15 whom the petition is required to be filed, and before the
16 filing of such petition. Whoever forges the name of a signer
17 upon any petition required by this Article is deemed guilty
18 of a forgery and on conviction thereof shall be punished
19 accordingly.
20 A candidate for the offices listed in this Section must
21 obtain the number of signatures specified in this Section on
22 his or her petition for nomination.
23 (a) Statewide office or delegate to a national
24 nominating convention. If a candidate seeks to run for
25 statewide office or as a delegate or alternate delegate to a
26 national nominating convention elected from the State
27 at-large, then the candidate's petition for nomination must
28 contain at least 5,000 but not more than 10,000 signatures.
29 (b) Congressional office or congressional delegate to a
30 national nominating convention. If a candidate seeks to run
31 for United States Congress or as a congressional delegate or
32 alternate congressional delegate to a national nominating
33 convention elected from a congressional district, then the
34 candidate's petition for nomination must contain at least the
-50- LRB093 07599 BDD 15769 a
1 number of signatures equal to 0.5% of the qualified primary
2 electors of his or her party in his or her congressional
3 district. In the first primary election following a
4 redistricting of congressional districts, a candidate's
5 petition for nomination must contain at least 600 signatures
6 of qualified primary electors of the candidate's political
7 party in his or her congressional district.
8 (c) County office. If a candidate seeks to run for any
9 countywide office, including but not limited to county board
10 chairperson or county board member, elected on an at-large
11 basis, in a county other than Cook County, then the
12 candidate's petition for nomination must contain at least the
13 number of signatures equal to 0.5% of the qualified electors
14 of his or her party who cast votes at the last preceding
15 general election in his or her county. If a candidate seeks
16 to run for county board member elected from a county board
17 district, then the candidate's petition for nomination must
18 contain at least the number of signatures equal to 0.5% of
19 the qualified primary electors of his or her party in the
20 county board district. In the first primary election
21 following a redistricting of county board districts or the
22 initial establishment of county board districts, a
23 candidate's petition for nomination must contain at least the
24 number of signatures equal to 0.5% of the qualified electors
25 of his or her party in the entire county who cast votes at
26 the last preceding general election divided by the total
27 number of county board districts comprising the county board;
28 provided that in no event shall the number of signatures be
29 less than 25.
30 (d) County office; Cook County only.
31 (1) If a candidate seeks to run for countywide
32 office in Cook County, then the candidate's petition for
33 nomination must contain at least the number of signatures
34 equal to 0.5% of the qualified electors of his or her
-51- LRB093 07599 BDD 15769 a
1 party who cast votes at the last preceding general
2 election in Cook County.
3 (2) If a candidate seeks to run for Cook County
4 Board Commissioner, then the candidate's petition for
5 nomination must contain at least the number of signatures
6 equal to 0.5% of the qualified primary electors of his or
7 her party in his or her county board district. In the
8 first primary election following a redistricting of Cook
9 County Board of Commissioners districts, a candidate's
10 petition for nomination must contain at least the number
11 of signatures equal to 0.5% of the qualified electors of
12 his or her party in the entire county who cast votes at
13 the last preceding general election divided by the total
14 number of county board districts comprising the county
15 board; provided that in no event shall the number of
16 signatures be less than 25.
17 (3) If a candidate seeks to run for Cook County
18 Board of Review Commissioner, which is elected from a
19 district pursuant to subsection (c) of Section 5-5 of the
20 Property Tax Code, then the candidate's petition for
21 nomination must contain at least the number of signatures
22 equal to 0.5% of the total number of registered voters in
23 his or her board of review district in the last general
24 election at which a commissioner was regularly scheduled
25 to be elected from that board of review district. In no
26 event shall the number of signatures required be greater
27 than the requisite number for a candidate who seeks
28 countywide office in Cook County under subsection (d)(1)
29 of this Section. In the first primary election following
30 a redistricting of Cook County Board of Review districts,
31 a candidate's petition for nomination must contain at
32 least 4,000 signatures or at least the number of
33 signatures required for a county-wide candidate in Cook
34 County, whichever is less, of the qualified electors of
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1 his or her party in the district.
2 (e) Municipal or township office. If a candidate seeks
3 to run for municipal or township office, then the candidate's
4 petition for nomination must contain at least the number of
5 signatures equal to 0.5% of the qualified primary electors of
6 his or her party in the municipality or township. If a
7 candidate seeks to run for alderman of a municipality, then
8 the candidate's petition for nomination must contain at least
9 the number of signatures equal to 0.5% of the qualified
10 primary electors of his or her party of the ward. In the
11 first primary election following redistricting of aldermanic
12 wards or trustee districts of a municipality or the initial
13 establishment of wards or districts, a candidate's petition
14 for nomination must contain the number of signatures equal to
15 at least 0.5% of the total number of votes cast for the
16 candidate of that political party who received the highest
17 number of votes in the entire municipality at the last
18 regular election at which an officer was regularly scheduled
19 to be elected from the entire municipality, divided by the
20 number of wards or districts. In no event shall the number of
21 signatures be less than 25.
22 (f) State central committeeperson. If a candidate seeks
23 to run for State central committeeperson, then the
24 candidate's petition for nomination must contain at least 100
25 signatures of the primary electors of his or her party of his
26 or her congressional district.
27 (g) Sanitary district trustee. If a candidate seeks to
28 run for trustee of a sanitary district in which trustees are
29 not elected from wards, then the candidate's petition for
30 nomination must contain at least the number of signatures
31 equal to 0.5% of the primary electors of his or her party
32 from the sanitary district. If a candidate seeks to run for
33 trustee of a sanitary district in which trustees are elected
34 from wards, then the candidate's petition for nomination must
-53- LRB093 07599 BDD 15769 a
1 contain at least the number of signatures equal to 0.5% of
2 the primary electors of his or her party in the ward of that
3 sanitary district. In the first primary election following
4 redistricting of sanitary districts elected from wards, a
5 candidate's petition for nomination must contain at least the
6 signatures of 150 qualified primary electors of his or her
7 ward of that sanitary district.
8 (h) Judicial office. If a candidate seeks to run for
9 judicial office in a district, circuit, or subcircuit, then
10 the candidate's petition for nomination must contain the
11 number of signatures equal to 0.25% of the number of votes
12 cast for the judicial candidate of his or her political party
13 who received the highest number of votes at the last general
14 election at which a judicial officer from the same district,
15 circuit, or subcircuit was regularly scheduled to be elected,
16 but in no event less than 500 signatures.
17 (i) Precinct, ward, and township committeeperson. If a
18 candidate seeks to run for precinct committeeperson, then the
19 candidate's petition for nomination must contain at least 10
20 signatures of the primary electors of his or her party for
21 the precinct. If a candidate seeks to run for ward
22 committeeperson, then the candidate's petition for nomination
23 must contain no less than the number of signatures equal to
24 10% of the primary electors of his or her party of the ward,
25 but no more than 16% of those same electors; provided that
26 the maximum number of signatures may be 50 more than the
27 minimum number, whichever is greater. If a candidate seeks to
28 run for township committeeperson, then the candidate's
29 petition for nomination must contain no less than the number
30 of signatures equal to 5% of the primary electors of his or
31 her party of the township, but no more than 8% of those same
32 electors; provided that the maximum number of signatures may
33 be 50 more than the minimum number, whichever is greater.
34 (j) State's attorney or regional superintendent of
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1 schools for multiple counties. If a candidate seeks to run
2 for State's attorney or regional Superintendent of Schools
3 who serves more than one county, then the candidate's
4 petition for nomination must contain at least the number of
5 signatures equal to 0.5% of the primary electors of his or
6 her party in the territory comprising the counties.
7 (k) Any other office. If a candidate seeks any other
8 office, then the candidate's petition for nomination must
9 contain at least the number of signatures equal to 0.5% of
10 the registered voters of the political subdivision, district,
11 or division for which the nomination is made or 25
12 signatures, whichever is greater.
13 For purposes of this Section the number of primary
14 electors shall be determined by taking the total vote cast,
15 in the applicable district, for the candidate for that
16 political party who received the highest number of votes,
17 statewide, at the last general election in the State at which
18 electors for President of the United States were elected. For
19 political subdivisions, the number of primary electors shall
20 be determined by taking the total vote cast for the candidate
21 for that political party who received the highest number of
22 votes in the political subdivision at the last regular
23 election at which an officer was regularly scheduled to be
24 elected from that subdivision. For wards or districts of
25 political subdivisions, the number of primary electors shall
26 be determined by taking the total vote cast for the candidate
27 for that political party who received the highest number of
28 votes in the ward or district at the last regular election at
29 which an officer was regularly scheduled to be elected from
30 that ward or district.
31 A "qualified primary elector" of a party may not sign
32 petitions for or be a candidate in the primary of more than
33 one party.
34 Petitions of candidates for nomination for offices herein
-55- LRB093 07599 BDD 15769 a
1 specified, to be filed with the same officer, may contain the
2 names of 2 or more candidates of the same political party for
3 the same or different offices.
4 Such petitions for nominations shall be signed:
5 (a) If for a State office, or for delegate or
6 alternate delegate to be elected from the State at large
7 to a National nominating convention by not less than
8 5,000 nor more than 10,000 primary electors of his party.
9 (b) If for a congressional officer or for delegate
10 or alternate delegate to be elected from a congressional
11 district to a national nominating convention by at least
12 .5% of the qualified primary electors of his party in his
13 congressional district, except that for the first primary
14 following a redistricting of congressional districts such
15 petitions shall be signed by at least 600 qualified
16 primary electors of the candidate's party in his
17 congressional district.
18 (c) If for a county office (including county board
19 member and chairman of the county board where elected
20 from the county at large), by at least .5% of the
21 qualified electors of his party cast at the last
22 preceding general election in his county. However, if
23 for the nomination for county commissioner of Cook
24 County, then by at least .5% of the qualified primary
25 electors of his or her party in his or her county in the
26 district or division in which such person is a candidate
27 for nomination; and if for county board member from a
28 county board district, then by at least .5% of the
29 qualified primary electors of his party in the county
30 board district. In the case of an election for county
31 board member to be elected from a district, for the first
32 primary following a redistricting of county board
33 districts or the initial establishment of county board
34 districts, then by at least .5% of the qualified electors
-56- LRB093 07599 BDD 15769 a
1 of his party in the entire county at the last preceding
2 general election, divided by the number of county board
3 districts, but in any event not less than 25 qualified
4 primary electors of his party in the district.
5 (d) If for a municipal or township office by at
6 least .5% of the qualified primary electors of his party
7 in the municipality or township; if for alderman, by at
8 least .5% of the voters of his party of his ward. In the
9 case of an election for alderman or trustee of a
10 municipality to be elected from a ward or district, for
11 the first primary following a redistricting or the
12 initial establishment of wards or districts, then by .5%
13 of the total number of votes cast for the candidate of
14 such political party who received the highest number of
15 votes in the entire municipality at the last regular
16 election at which an officer was regularly scheduled to
17 be elected from the entire municipality, divided by the
18 number of wards or districts, but in any event not less
19 than 25 qualified primary electors of his party in the
20 ward or district.
21 (e) If for State central committeeman, by at least
22 100 of the primary electors of his or her party of his or
23 her congressional district.
24 (f) If for a candidate for trustee of a sanitary
25 district in which trustees are not elected from wards, by
26 at least .5% of the primary electors of his party, from
27 such sanitary district.
28 (g) If for a candidate for trustee of a sanitary
29 district in which the trustees are elected from wards, by
30 at least .5% of the primary electors of his party in his
31 ward of such sanitary district, except that for the first
32 primary following a reapportionment of the district such
33 petitions shall be signed by at least 150 qualified
34 primary electors of the candidate's ward of such sanitary
-57- LRB093 07599 BDD 15769 a
1 district.
2 (h) If for a candidate for judicial office in a
3 district, circuit, or subcircuit, by a number of primary
4 electors at least equal to 0.25% of the number of votes
5 cast for the judicial candidate of his or her political
6 party who received the highest number of votes at the
7 last regular general election at which a judicial officer
8 from the same district, circuit, or subcircuit was
9 regularly scheduled to be elected, but in no event fewer
10 than 500.
11 (i) If for a candidate for precinct committeeman,
12 by at least 10 primary electors of his or her party of
13 his or her precinct; if for a candidate for ward
14 committeeman, by not less than 10% nor more than 16% (or
15 50 more than the minimum, whichever is greater) of the
16 primary electors of his party of his ward; if for a
17 candidate for township committeeman, by not less than 5%
18 nor more than 8% (or 50 more than the minimum, whichever
19 is greater) of the primary electors of his party in his
20 township or part of a township as the case may be.
21 (j) If for a candidate for State's Attorney or
22 Regional Superintendent of Schools to serve 2 or more
23 counties, by at least .5% of the primary electors of his
24 party in the territory comprising such counties.
25 (k) If for any other office by at least .5% of the
26 total number of registered voters of the political
27 subdivision, district or division for which the
28 nomination is made or a minimum of 25, whichever is
29 greater.
30 For the purposes of this Section the number of primary
31 electors shall be determined by taking the total vote cast,
32 in the applicable district, for the candidate for such
33 political party who received the highest number of votes,
34 state-wide, at the last general election in the State at
-58- LRB093 07599 BDD 15769 a
1 which electors for President of the United States were
2 elected. For political subdivisions, the number of primary
3 electors shall be determined by taking the total vote cast
4 for the candidate for such political party who received the
5 highest number of votes in such political subdivision at the
6 last regular election at which an officer was regularly
7 scheduled to be elected from that subdivision. For wards or
8 districts of political subdivisions, the number of primary
9 electors shall be determined by taking the total vote cast
10 for the candidate for such political party who received the
11 highest number of votes in such ward or district at the last
12 regular election at which an officer was regularly scheduled
13 to be elected from that ward or district.
14 A "qualified primary elector" of a party may not sign
15 petitions for or be a candidate in the primary of more than
16 one party.
17 (Source: P.A. 91-57, eff. 6-30-99; 91-357, eff. 7-29-99;
18 91-358, eff. 7-29-99; 92-16, eff. 6-28-01; 92-129, eff.
19 7-20-01.)
20 (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
21 Sec. 7-10.2. In the designation of the name of a
22 candidate on a petition for nomination or certificate of
23 nomination the candidate's given name or names, initial or
24 initials, a nickname by which the candidate is commonly
25 known, or a combination thereof, may be used in addition to
26 the candidate's surname. No other designation such as a
27 political slogan, as defined by Section 7-17, title, or
28 degree, or nickname suggesting or implying possession of a
29 title, degree or professional status, similar information
30 may be used in connection with the candidate's surname,
31 except that the title "Mrs." may be used in the case of a
32 married woman.
33 (Source: P.A. 81-135.)
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1 (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
2 Sec. 7-17. Candidate ballot name procedures.
3 (a) Each election authority in each county shall cause
4 to be printed upon the general primary ballot of each party
5 for each precinct in his jurisdiction the name of each
6 candidate whose petition for nomination or for committeeman
7 has been filed in the office of the county clerk, as herein
8 provided; and also the name of each candidate whose name has
9 been certified to his office by the State Board of Elections,
10 and in the order so certified, except as hereinafter
11 provided.
12 It shall be the duty of the election authority to cause
13 to be printed upon the consolidated primary ballot of each
14 political party for each precinct in his jurisdiction the
15 name of each candidate whose name has been certified to him,
16 as herein provided and which is to be voted for in such
17 precinct.
18 (b) In the designation of the name of a candidate on the
19 primary ballot the candidate's given name or names, initial
20 or initials, a nickname by which the candidate is commonly
21 known, or a combination thereof, may be used in addition to
22 the candidate's surname. No other designation such as a
23 political slogan, title, or degree, or nickname suggesting or
24 implying possession of a title, degree or professional
25 status, or similar information may be used in connection with
26 the candidate's surname, except that the title "Mrs." may be
27 used in the case of a married woman. For purposes of this
28 Section, a "political slogan" is defined as any word or words
29 expressing or connoting a position, opinion, or belief that
30 the candidate may espouse, including but not limited to, any
31 word or words conveying any meaning other than that of the
32 personal identity of the candidate. A candidate may not use a
33 political slogan as part of his or her name on the ballot,
34 notwithstanding that the political slogan may be part of the
-60- LRB093 07599 BDD 15769 a
1 candidate's name.
2 (c) The State Board of Elections, a local election
3 official, or an election authority shall remove any
4 candidate's name designation from a ballot that is
5 inconsistent with subsection (b) of this Section. In
6 addition, the State Board of Elections, a local election
7 official, or an election authority shall not certify to any
8 election authority any candidate name designation that is
9 inconsistent with subsection (b) of this Section.
10 (d) If the State Board of Elections, a local election
11 official, or an election authority removes a candidate's name
12 designation from a ballot under subsection (c) of this
13 Section, then the aggrieved candidate may seek appropriate
14 relief in circuit court.
15 (Source: P.A. 81-135.)
16 (10 ILCS 5/7-34) (from Ch. 46, par. 7-34)
17 Sec. 7-34. Pollwatchers in a primary election shall be
18 authorized in the following manner:
19 (1) Each established political party shall be entitled
20 to appoint one pollwatcher per precinct. Such pollwatchers
21 must be affiliated with the political party for which they
22 are pollwatching and must be a registered voter in Illinois.
23 For all primary elections, except as provided in subsection
24 (5), such pollwatchers must be registered to vote from a
25 residence in the county in which they are pollwatching.
26 (2) Each candidate shall be entitled to appoint two
27 pollwatchers per precinct. For Federal, State, and county
28 primary elections, the poll watchersone pollwatcher must be
29 registered to vote in Illinoisfrom a residence in the county
30 in which he is pollwatching. The second pollwatcher must be
31 registered to vote from a residence in the precinct or ward
32 in which he is pollwatching. For township and municipal
33 primary elections, one pollwatcher must be registered to vote
-61- LRB093 07599 BDD 15769 a
1 from a residence in the county in which he is pollwatching.
2 The second pollwatcher must be registered to vote from a
3 residence in the precinct or ward in which he is
4 pollwatching.
5 (3) Each organization of citizens within the county or
6 political subdivision, which has among its purposes or
7 interests the investigation or prosecution of election
8 frauds, and which shall have registered its name and address
9 and the names and addresses of its principal officers with
10 the proper election authority at least 40 days before the
11 primary election, shall be entitled to appoint one
12 pollwatcher per precinct. For all primary elections, the
13 except as provided in subsection (5), such pollwatcher must
14 be registered to vote in Illinoisfrom a residence in the
15 county in which he is pollwatching.
16 (4) Each organized group of proponents or opponents of a
17 ballot proposition, which shall have registered the name and
18 address of its organization or committee and the name and
19 address of its chairman with the proper election authority at
20 least 40 days before the primary election, shall be entitled
21 to appoint one pollwatcher per precinct. TheExcept as
22 provided in subsection (5), such pollwatcher must be
23 registered to vote in Illinoisfrom a residence in the county
24 in which the ballot proposition is being voted upon.
25 (5) In any primary election held to nominate candidates
26 for the offices of a municipality of less than 3,000,000
27 population that is situated in 2 or more counties, a
28 pollwatcher who is a resident of a county in which any part
29 of the municipality is situated shall be eligible to serve as
30 a pollwatcher in any polling place located within such
31 municipality, provided that such pollwatcher otherwise
32 complies with the respective requirements of subsections (1)
33 through (4) of this Section and is a registered voter whose
34 residence is within Illinoisthe municipality.
-62- LRB093 07599 BDD 15769 a
1 All pollwatchers shall be required to have proper
2 credentials. Such credentials shall be printed in sufficient
3 quantities, shall be issued by and under the facsimile
4 signature(s) of the election authority and shall be available
5 for distribution at least 2 weeks prior to the election.
6 Such credentials shall be authorized by the real or facsimile
7 signature of the State or local party official or the
8 candidate or the presiding officer of the civic organization
9 or the chairman of the proponent or opponent group, as the
10 case may be.
11 Pollwatcher credentials shall be in substantially the
12 following form:
13 POLLWATCHER CREDENTIALS
14 TO THE JUDGES OF ELECTION:
15 In accordance with the provisions of the Election Code,
16 the undersigned hereby appoints ........... (name of
17 pollwatcher) at .......... (address) in the county of
18 ..........., .......... (township or municipality) of
19 ........... (name), State of Illinois and who is duly
20 registered to vote from this address, to act as a pollwatcher
21 in the ........... precinct of the .......... ward (if
22 applicable) of the ........... (township or municipality) of
23 ........... at the ........... election to be held on (insert
24 date).
25 ........................ (Signature of Appointing Authority)
26 ........................ TITLE (party official, candidate,
27 civic organization president,
28 proponent or opponent group chairman)
29 Under penalties provided by law pursuant to Section 29-10
30 of the Election Code, the undersigned pollwatcher certifies
31 that he or she resides at .............. (address) in the
32 county of ........., ......... (township or municipality) of
33 .......... (name), State of Illinois, and is duly registered
34 to vote in Illinoisfrom that address.
-63- LRB093 07599 BDD 15769 a
1 ........................... ..........................
2 (Precinct and/or Ward in (Signature of Pollwatcher)
3 Which Pollwatcher Resides)
4 Pollwatchers must present their credentials to the Judges
5 of Election upon entering the polling place. Pollwatcher
6 credentials properly executed and signed shall be proof of
7 the qualifications of the pollwatcher authorized thereby.
8 Such credentials are retained by the Judges and returned to
9 the Election Authority at the end of the day of election with
10 the other election materials. Once a pollwatcher has
11 surrendered a valid credential, he may leave and reenter the
12 polling place provided that such continuing action does not
13 disrupt the conduct of the election. Pollwatchers may be
14 substituted during the course of the day, but established
15 political parties, candidates, qualified civic organizations
16 and proponents and opponents of a ballot proposition can have
17 only as many pollwatchers at any given time as are authorized
18 in this Article. A substitute must present his signed
19 credential to the judges of election upon entering the
20 polling place. Election authorities must provide a
21 sufficient number of credentials to allow for substitution of
22 pollwatchers. After the polls have closed, pollwatchers shall
23 be allowed to remain until the canvass of votes is completed;
24 but may leave and reenter only in cases of necessity,
25 provided that such action is not so continuous as to disrupt
26 the canvass of votes.
27 Candidates seeking office in a district or municipality
28 encompassing 2 or more counties shall be admitted to any and
29 all polling places throughout such district or municipality
30 without regard to the counties in which such candidates are
31 registered to vote. Actions of such candidates shall be
32 governed in each polling place by the same privileges and
33 limitations that apply to pollwatchers as provided in this
34 Section. Any such candidate who engages in an activity in a
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1 polling place which could reasonably be construed by a
2 majority of the judges of election as campaign activity shall
3 be removed forthwith from such polling place.
4 Candidates seeking office in a district or municipality
5 encompassing 2 or more counties who desire to be admitted to
6 polling places on election day in such district or
7 municipality shall be required to have proper credentials.
8 Such credentials shall be printed in sufficient quantities,
9 shall be issued by and under the facsimile signature of the
10 election authority of the election jurisdiction where the
11 polling place in which the candidate seeks admittance is
12 located, and shall be available for distribution at least 2
13 weeks prior to the election. Such credentials shall be
14 signed by the candidate.
15 Candidate credentials shall be in substantially the
16 following form:
17 CANDIDATE CREDENTIALS
18 TO THE JUDGES OF ELECTION:
19 In accordance with the provisions of the Election Code, I
20 ...... (name of candidate) hereby certify that I am a
21 candidate for ....... (name of office) and seek admittance to
22 ....... precinct of the ....... ward (if applicable) of the
23 ....... (township or municipality) of ....... at the .......
24 election to be held on (insert date).
25 ......................... .......................
26 (Signature of Candidate) OFFICE FOR WHICH
27 CANDIDATE SEEKS
28 NOMINATION OR
29 ELECTION
30 Pollwatchers shall be permitted to observe all
31 proceedings relating to the conduct of the election and to
32 station themselves in a position in the voting room as will
33 enable them to observe the judges making the signature
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1 comparison between the voter application and the voter
2 registration record card; provided, however, that such
3 pollwatchers shall not be permitted to station themselves in
4 such close proximity to the judges of election so as to
5 interfere with the orderly conduct of the election and shall
6 not, in any event, be permitted to handle election materials.
7 Pollwatchers may challenge for cause the voting
8 qualifications of a person offering to vote and may call to
9 the attention of the judges of election any incorrect
10 procedure or apparent violations of this Code.
11 If a majority of the judges of election determine that
12 the polling place has become too overcrowded with
13 pollwatchers so as to interfere with the orderly conduct of
14 the election, the judges shall, by lot, limit such
15 pollwatchers to a reasonable number, except that each
16 candidate and each established or new political party shall
17 be permitted to have at least one pollwatcher present.
18 Representatives of an election authority, with regard to
19 an election under its jurisdiction, the State Board of
20 Elections, and law enforcement agencies, including but not
21 limited to a United States Attorney, a State's attorney, the
22 Attorney General, and a State, county, or local police
23 department, in the performance of their official election
24 duties, shall be permitted at all times to enter and remain
25 in the polling place. Upon entering the polling place, such
26 representatives shall display their official credentials or
27 other identification to the judges of election.
28 Uniformed police officers assigned to polling place duty
29 shall follow all lawful instructions of the judges of
30 election.
31 The provisions of this Section shall also apply to
32 supervised casting of absentee ballots as provided in Section
33 19-12.2 of this Act.
34 (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
-66- LRB093 07599 BDD 15769 a
1 (10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
2 Sec. 7-41. (a) All officers upon whom is imposed by law
3 the duty of designating and providing polling places for
4 general elections, shall provide in each such polling place
5 so designated and provided, a sufficient number of booths for
6 such primary election, which booths shall be provided with
7 shelves, such supplies and pencils as will enable the voter
8 to prepare his ballot for voting and in which voters may
9 prepare their ballots screened from all observation as to the
10 manner in which they do so. Such booths shall be within plain
11 view of the election officers and both they and the ballot
12 boxes shall be within plain view of those within the
13 proximity of the voting booths. No person other than election
14 officers and the challengers allowed by law and those
15 admitted for the purpose of voting, as hereinafter provided,
16 shall be permitted within the proximity of the voting booths,
17 except by authority of the primary officers to keep order and
18 enforce the law.
19 (b) The number of such voting booths shall not be less
20 than one to every seventy-five voters or fraction thereof,
21 who voted at the last preceding election in the precinct or
22 election district.
23 (c) No person shall do any electioneering or soliciting
24 of votes on primary day within any polling place or within
25 one hundred feet of any polling place. Election officers
26 shall place 2 or more cones, small United States national
27 flags, or some other marker a distance of 100 horizontal feet
28 from each entrance to the room used by voters to engage in
29 voting, which shall be known as the polling room. If the
30 polling room is located within a public or private school
31 building and the distance of 100 horizontal feet ends within
32 the interior of the public or private school building, then
33 the markers shall be placed outside of the public or private
34 school building at each entrance used by voters to enter that
-67- LRB093 07599 BDD 15769 a
1 building on the grounds adjacent to the thoroughfare or
2 walkway. If the polling room is located within a public or
3 private building with 2 or more floors and the polling room
4 is located on the ground floor, then the markers shall be
5 placed 100 horizontal feet from each entrance to the polling
6 room used by voters to engage in voting. If the polling room
7 is located in a public or private building with 2 or more
8 floors and the polling room is located on a floor above or
9 below the ground floor, then the markers shall be placed a
10 distance of 100 feet from the nearest elevator or staircase
11 used by voters on the ground floor to access the floor where
12 the polling room is located. The area within where the
13 markers are placed shall be known as a campaign free zone,
14 and electioneering is prohibited pursuant to this subsection.
15 The area on polling place property beyond the campaign
16 free zone, whether publicly or privately owned, is a public
17 forum for the time that the polls are open on an election
18 day. At the request of election officers any publicly owned
19 building must be made available for use as a polling place. A
20 person shall have the right to congregate and engage in
21 electioneering on any polling place property while the polls
22 are open beyond the campaign free zone, including but not
23 limited to, the placement of temporary signs. This subsection
24 shall be construed liberally in favor of persons engaging in
25 electioneering on all polling place property beyond the
26 campaign free zone for the time that the polls are open on an
27 election day.
28 (d) The regulation of electioneering on polling place
29 property on an election day, including but not limited to the
30 placement of temporary signs, is an exclusive power and
31 function of the State. A home rule unit may not regulate
32 electioneering and any ordinance or local law contrary to
33 subsection (c) is declared void. This is a denial and
34 limitation of home rule powers and functions under subsection
-68- LRB093 07599 BDD 15769 a
1 (h) of Section 6 of Article VII of the Illinois Constitution.
2 (Source: P.A. 89-653, eff. 8-14-96.)
3 (10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
4 Sec. 8-8.1. In the designation of the name of a
5 candidate on a petition for nomination, the candidate's given
6 name or names, initial or initials, a nickname by which the
7 candidate is commonly known, or a combination thereof, may be
8 used in addition to the candidate's surname. No other
9 designation such as a political slogan, title, or degree, or
10 nickname suggesting or implying possession of a title, degree
11 or professional status, or similar information may be used in
12 connection with the candidate's surname, except that the
13 title "Mrs." may be used in the case of a married woman.
14 (Source: P.A. 81-135.)
15 (10 ILCS 5/9-1.5) (from Ch. 46, par. 9-1.5)
16 Sec. 9-1.5. Expenditure defined
17 "Expenditure" means-
18 (1) a payment, distribution, purchase, loan,
19 advance, deposit, or gift of money or anything of value,
20 in connection with the nomination for election, or
21 election, of any person to public office, in connection
22 with the election of any person as ward or township
23 committeeman in counties of 3,000,000 or more population,
24 or in connection with any question of public policy.
25 "Expenditure" also includes a payment, distribution,
26 purchase, loan, advance, deposit, or gift of money or
27 anything of value that constitutes an electioneering
28 communication regardless of whether the communication is
29 made in concert or cooperation with or at the request or
30 suggestion of the candidate, the candidate's authorized
31 local political committee, a State political committee,
32 or any of their agents. However, expenditure does not
-69- LRB093 07599 BDD 15769 a
1 include -
2 (a) the use of real or personal property and the
3 cost of invitations, food, and beverages, voluntarily
4 provided by an individual in rendering voluntary personal
5 services on the individual's residential premises for
6 candidate-related activities; provided the value of the
7 service provided does not exceed an aggregate of $150 in
8 a reporting period;
9 (b) the sale of any food or beverage by a vendor
10 for use in a candidate's campaign at a charge less than
11 the normal comparable charge, if such charge for use in a
12 candidate's campaign is at least equal to the cost of
13 such food or beverage to the vendor.
14 (2) a transfer of funds between political committees.
15 (Source: P.A. 89-405, eff. 11-8-95.)
16 (10 ILCS 5/9-1.14 new)
17 Sec. 9-1.14. Electioneering communication defined.
18 (a) "Electioneering communication" means, for the
19 purposes of this Article, any form of communication, in
20 whatever medium, that refers to a clearly identified
21 candidate and is made within (i) 60 days before a general
22 election for the office sought by the candidate or (ii) 30
23 days before a general primary election for the office sought
24 by the candidate.
25 (b) "Electioneering communication" does not include:
26 (1) A communication appearing in a news story,
27 commentary, or editorial distributed through the
28 facilities of any broadcasting station, unless the
29 facilities are owned or controlled by any political
30 party, political committee, or candidate.
31 (2) A communication made solely to promote a
32 candidate debate or forum that is made by or on behalf of
33 the person sponsoring the debate or forum.
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1 (3) A communication made as part of a non-partisan
2 activity designed to encourage individuals to vote or to
3 register to vote.
4 (4) A communication by an organization operating
5 and remaining in good standing under Section 501(c)(3) of
6 the Internal Revenue Code of 1986.
7 (10 ILCS 5/9-10) (from Ch. 46, par. 9-10)
8 Sec. 9-10. Financial reports.
9 (a) The treasurer of every state political committee and
10 the treasurer of every local political committee shall file
11 with the Board, and the treasurer of every local political
12 committee shall file with the county clerk, reports of
13 campaign contributions, and semi-annual reports of campaign
14 contributions and expenditures on forms to be prescribed or
15 approved by the Board. The treasurer of every political
16 committee that acts as both a state political committee and a
17 local political committee shall file a copy of each report
18 with the State Board of Elections and the county clerk.
19 Entities subject to Section 9-7.5 shall file reports required
20 by that Section at times provided in this Section and are
21 subject to the penalties provided in this Section.
22 (b) Reports of campaign contributions shall be filed no
23 later than the 15th day next preceding each election
24 including a primary election in connection with which the
25 political committee has accepted or is accepting
26 contributions or has made or is making expenditures. Such
27 reports shall be complete as of the 30th day next preceding
28 each election including a primary election. The Board shall
29 assess a civil penalty not to exceed $5,000 for a violation
30 of this subsection, except that for State officers and
31 candidates and political committees formed for statewide
32 office, the civil penalty may not exceed $10,000. The fine,
33 however, shall not exceed $500 for a first filing violation
-71- LRB093 07599 BDD 15769 a
1 for filing less than 10 days after the deadline. There shall
2 be no fine if the report is mailed and postmarked at least 72
3 hours prior to the filing deadline. For the purpose of this
4 subsection, "statewide office" and "State officer" means the
5 Governor, Lieutenant Governor, Attorney General, Secretary of
6 State, Comptroller, and Treasurer. However, a continuing
7 political committee that neither accepts contributions nor
8 makes expenditures on behalf of or in opposition to any
9 candidate or public question on the ballot at an election
10 shall not be required to file the reports heretofore
11 prescribed but may file in lieu thereof a Statement of
12 Nonparticipation in the Election with the Board or the Board
13 and the county clerk.
14 (b-5) Notwithstanding the provisions of subsection (b),
15 any contribution of $500 or more received in the interim
16 between the last date of the period covered by the last
17 report filed under subsection (b) prior to the election and
18 the date of the election shall be reported within 2 business
19 days after its receipt. The State Board shall allow filings
20 under this subsection (b-5) to be made by facsimile
21 transmission. For the purpose of this subsection, a
22 contribution is considered received on the date the public
23 official, candidate, or political committee (or equivalent
24 person in the case of a reporting entity other than a
25 political committee) actually receives it or, in the case of
26 goods or services, 2 days after the date the public official,
27 candidate, committee, or other reporting entity receives the
28 certification required under subsection (b) of Section 9-6.
29 Failure to report each contribution is a separate violation
30 of this subsection. The Board shall impose fines for
31 violations of this subsection as follows:
32 (1) if the political committee's or other reporting
33 entity's total receipts, total expenditures, and balance
34 remaining at the end of the last reporting period were
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1 each $5,000 or less, then $100 per business day for the
2 first violation, $200 per business day for the second
3 violation, and $300 per business day for the third and
4 subsequent violations.
5 (2) if the political committee's or other reporting
6 entity's total receipts, total expenditures, and balance
7 remaining at the end of the last reporting period were
8 each more than $5,000, then $200 per business day for the
9 first violation, $400 per business day for the second
10 violation, and $600 per business day for the third and
11 subsequent violations.
12 (c) In addition to such reports the treasurer of every
13 political committee shall file semi-annual reports of
14 campaign contributions and expenditures no later than July
15 31st, covering the period from January 1st through June 30th
16 immediately preceding, and no later than January 31st,
17 covering the period from July 1st through December 31st of
18 the preceding calendar year. Reports of contributions and
19 expenditures must be filed to cover the prescribed time
20 periods even though no contributions or expenditures may have
21 been received or made during the period. The Board shall
22 assess a civil penalty not to exceed $5,000 for a violation
23 of this subsection, except that for State officers and
24 candidates and political committees formed for statewide
25 office, the civil penalty may not exceed $10,000. The fine,
26 however, shall not exceed $500 for a first filing violation
27 for filing less than 10 days after the deadline. There shall
28 be no fine if the report is mailed and postmarked at least 72
29 hours prior to the filing deadline. For the purpose of this
30 subsection, "statewide office" and "State officer" means the
31 Governor, Lieutenant Governor, Attorney General, Secretary of
32 State, Comptroller, and Treasurer.
33 (c-5) A political committee that acts as either (i) a
34 State and local political committee or (ii) a local political
-73- LRB093 07599 BDD 15769 a
1 committee and that files reports electronically under Section
2 9-28 is not required to file copies of the reports with the
3 appropriate county clerk if the county clerk has a system
4 that permits access to, and duplication of, reports that are
5 filed with the State Board of Elections. A State and local
6 political committee or a local political committee shall file
7 with the county clerk a copy of its statement of organization
8 pursuant to Section 9-3.
9 (d) A copy of each report or statement filed under this
10 Article shall be preserved by the person filing it for a
11 period of two years from the date of filing.
12 (Source: P.A. 90-737, eff. 1-1-99.)
13 (10 ILCS 5/9-21) (from Ch. 46, par. 9-21)
14 Sec. 9-21. Upon receipt of such complaint, the Board
15 shall hold a closed preliminary hearing to determine whether
16 or not the complaint appears to have been filed on
17 justifiable grounds. Such closed preliminary hearing shall be
18 conducted as soon as practicable after affording reasonable
19 notice, a copy of the complaint, and an opportunity to
20 testify at such hearing to both the person making the
21 complaint and the person against whom the complaint is
22 directed. If the Board fails to determinedetermines that the
23 complaint has not been filed on justifiable grounds, it shall
24 dismiss the complaint without further hearing.
25 Whenever in the judgment of the Board, after affording
26 due notice and an opportunity for a public hearing, any
27 person has engaged or is about to engage in an act or
28 practice which constitutes or will constitute a violation of
29 any provision of this Article or any regulation or order
30 issued thereunder, the Board shall issue an order directing
31 such person to take such action as the Board determines may
32 be necessary in the public interest to correct the violation.
33 In addition, if the act or practice engaged in consists of
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1 the failure to file any required report within the time
2 prescribed by this Article, the Board, as part of its order,
3 shall further provide that if, within the 12-month period
4 following the issuance of the order, such person fails to
5 file within the time prescribed by this Article any
6 subsequent report as may be required, such person may be
7 subject to a civil penalty pursuant to Section 9-23. The
8 Board shall render its final judgment within 60 days of the
9 date the complaint is filed; except that during the 60 days
10 preceding the date of the election in reference to which the
11 complaint is filed, the Board shall render its final judgment
12 within 7 days of the date the complaint is filed, and during
13 the 7 days preceding such election, the Board shall render
14 such judgment before the date of such election, if possible.
15 At any time prior to the issuance of the Board's final
16 judgment, the parties may dispose of the complaint by a
17 written stipulation, agreed settlement mr consent order. Any
18 such stipulation, settlement or order shall, however, be
19 submitted in writing to the Board and shall become effective
20 only if approved by the Board. If the act or practice
21 complained of consists of the failure to file any required
22 report within the time prescribed by this Article, such
23 stipulation, settlement or order may provide that if, within
24 the 12-month period following the approval of such
25 stipulation, agreement or order, the person complained of
26 fails to file within the time prescribed by this Article any
27 subsequent reports as may be required, such person may be
28 subject to a civil penalty pursuant to Section 9-23.
29 Any person filing a complaint pursuant to Section 9-20
30 may, upon written notice to the other parties and to the
31 Board, voluntarily withdraw the complaint at any time prior
32 to the issuance of the Board's final determination.
33 (Source: P.A. 90-495, eff. 1-1-98.)
-75- LRB093 07599 BDD 15769 a
1 (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
2 Sec. 10-5.1. In the designation of the name of a
3 candidate on a certificate of nomination or nomination papers
4 the candidate's given name or names, initial or initials, a
5 nickname by which the candidate is commonly known, or a
6 combination thereof, may be used in addition to the
7 candidate's surname. No other designation such as a political
8 slogan, title, or degree, or nickname suggesting or implying
9 possession of a title, degree or professional status, or
10 similar information may be used in connection with the
11 candidate's surname, except that the title "Mrs." may be used
12 in the case of a married woman.
13 (Source: P.A. 81-135.)
14 (10 ILCS 5/13-1.1) (from Ch. 46, par. 13-1.1)
15 Sec. 13-1.1. In addition to the list provided for in
16 Section 13-1 or 13-2, the chairman of the county central
17 committee of each of the two leading political parties shall
18 submit to the county board a supplemental list, arranged
19 according to precincts in which they are to serve, of persons
20 available as judges of election, the names and number of all
21 persons listed thereon to be acknowledged in writing to the
22 county chairman submitting such list by the county board.
23 Vacancies among the judges of election shall be filled by
24 selection from this supplemental list of persons qualified
25 under Section 13-4. If the list provided for in Section 13-1
26 or 13-2 for any precinct is exhausted, then selection shall
27 be made from the supplemental list submitted by the chairman
28 of the county central committee of the party. If such
29 supplemental list is exhausted for any precinct, then
30 selection shall be made from any of the persons on the
31 supplemental list without regard to the precincts in which
32 they are listed to serve. No selection or appointment from
33 the supplemental list shall be made more than 21 days prior
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1 to the date of precinct registration for those judges needed
2 as precinct registrars, and more than 4528 days prior to the
3 date of an election for those additional persons needed as
4 election judges. In any case where selection cannot be made
5 from the supplemental list without violating Section 13-4,
6 selection shall be made from outside the supplemental list of
7 some person qualified under Section 13-4.
8 (Source: P.A. 78-888; 78-889; 78-1297.)
9 (10 ILCS 5/14-3.2) (from Ch. 46, par. 14-3.2)
10 Sec. 14-3.2. In addition to the list provided for in
11 Section 14-3.1, the chairman of the county central committee
12 of each of the 2 leading political parties shall furnish to
13 the board of election commissioners a supplemental list,
14 arranged according to precinct in which they are to serve, of
15 persons available as judges of election, the names and number
16 of all persons listed thereon to be acknowledged in writing
17 to the county chairman submitting such list by the board of
18 election commissioners. The board of election commissioners
19 shall select from this supplemental list persons qualified
20 under Section 14-1, to fill vacancies among the judges of
21 election. If the list provided for in Section 14-3.1 for any
22 precinct is exhausted, then selection shall be made from the
23 supplemental list furnished by the chairman of the county
24 central committee of the party. If such supplemental list is
25 exhausted for any precinct, then selection shall be made from
26 any of the persons on the supplemental list without regard to
27 the precincts in which they are listed to serve. No selection
28 or appointment from the supplemental list shall be made more
29 than 21 days prior to the date of precinct registration for
30 those judges needed as precinct registrars, and more than 45
31 28 days prior to the date of an election for those additional
32 persons needed as election judges. In any case where
33 selection cannot be made from the supplemental list without
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1 violating Section 14-1, selection shall be made from outside
2 the supplemental list of some person qualified under Section
3 14-1.
4 (Source: P. A. 78-888; 78-889; 78-1297.)
5 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
6 Sec. 16-3. (a) The names of all candidates to be voted
7 for in each election district or precinct shall be printed on
8 one ballot, except as is provided in Sections 16-6.1 and
9 21-1.01 of this Act and except as otherwise provided in this
10 Act with respect to the odd year regular elections and the
11 emergency referenda; all nominations of any political party
12 being placed under the party appellation or title of such
13 party as designated in the certificates of nomination or
14 petitions. The names of all independent candidates shall be
15 printed upon the ballot in a column or columns under the
16 heading "independent" arranged under the names or titles of
17 the respective offices for which such independent candidates
18 shall have been nominated and so far as practicable, the name
19 or names of any independent candidate or candidates for any
20 office shall be printed upon the ballot opposite the name or
21 names of any candidate or candidates for the same office
22 contained in any party column or columns upon said ballot.
23 The ballot shall contain no other names, except that in cases
24 of electors for President and Vice-President of the United
25 States, the names of the candidates for President and
26 Vice-President may be added to the party designation and
27 words calculated to aid the voter in his choice of candidates
28 may be added, such as "Vote for one," "Vote for three." When
29 an electronic voting system is used which utilizes a ballot
30 label booklet, the candidates and questions shall appear on
31 the pages of such booklet in the order provided by this Code;
32 and, in any case where candidates for an office appear on a
33 page which does not contain the name of any candidate for
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1 another office, and where less than 50% of the page is
2 utilized, the name of no candidate shall be printed on the
3 lowest 25% of such page. On the back or outside of the
4 ballot, so as to appear when folded, shall be printed the
5 words "Official Ballot", followed by the designation of the
6 polling place for which the ballot is prepared, the date of
7 the election and a facsimile of the signature of the election
8 authority who has caused the ballots to be printed. The
9 ballots shall be of plain white paper, through which the
10 printing or writing cannot be read. However, ballots for use
11 at the nonpartisan and consolidated elections may be printed
12 on different color paper, except blue paper, whenever
13 necessary or desirable to facilitate distinguishing between
14 ballots for different political subdivisions. In the case of
15 nonpartisan elections for officers of a political
16 subdivision, unless the statute or an ordinance adopted
17 pursuant to Article VII of the Constitution providing the
18 form of government therefor requires otherwise, the column
19 listing such nonpartisan candidates shall be printed with no
20 appellation or circle at its head. The party appellation or
21 title, or the word "independent" at the head of any column
22 provided for independent candidates, shall be printed in
23 letters not less than one-fourth of an inch in height and a
24 circle one-half inch in diameter shall be printed at the
25 beginning of the line in which such appellation or title is
26 printed, provided, however, that no such circle shall be
27 printed at the head of any column or columns provided for
28 such independent candidates. The names of candidates shall be
29 printed in letters not less than one-eighth nor more than
30 one-fourth of an inch in height, and at the beginning of each
31 line in which a name of a candidate is printed a square shall
32 be printed, the sides of which shall be not less than
33 one-fourth of an inch in length. However, the names of the
34 candidates for Governor and Lieutenant Governor on the same
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1 ticket shall be printed within a bracket and a single square
2 shall be printed in front of the bracket. The list of
3 candidates of the several parties and any such list of
4 independent candidates shall be placed in separate columns on
5 the ballot in such order as the election authorities charged
6 with the printing of the ballots shall decide; provided, that
7 the names of the candidates of the several political parties,
8 certified by the State Board of Elections to the several
9 county clerks shall be printed by the county clerk of the
10 proper county on the official ballot in the order certified
11 by the State Board of Elections. Any county clerk refusing,
12 neglecting or failing to print on the official ballot the
13 names of candidates of the several political parties in the
14 order certified by the State Board of Elections, and any
15 county clerk who prints or causes to be printed upon the
16 official ballot the name of a candidate, for an office to be
17 filled by the Electors of the entire State, whose name has
18 not been duly certified to him upon a certificate signed by
19 the State Board of Elections shall be guilty of a Class C
20 misdemeanor.
21 (b) When an electronic voting system is used which
22 utilizes a ballot card, on the inside flap of each ballot
23 card envelope there shall be printed a form for write-in
24 voting which shall be substantially as follows:
25 WRITE-IN VOTES
26 (See card of instructions for specific information.
27 Duplicate form below by hand for additional write-in votes.)
28 _____________________________
29 Title of Office
30 ( ) ____________________________
31 Name of Candidate
32 (c) When an electronic voting system is used which uses
33 a ballot sheet, the instructions to voters on the ballot
34 sheet shall refer the voter to the card of instructions for
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1 specific information on write-in voting. Below each office
2 appearing on such ballot sheet there shall be a provision for
3 the casting of a write-in vote.
4 (d) When such electronic system is used, there shall be
5 printed on the back of each ballot card, each ballot card
6 envelope, and the first page of the ballot label when a
7 ballot label is used, the words "Official Ballot," followed
8 by the number of the precinct or other precinct
9 identification, which may be stamped, in lieu thereof and, as
10 applicable, the number and name of the township, ward or
11 other election district for which the ballot card, ballot
12 card envelope, and ballot label are prepared, the date of the
13 election and a facsimile of the signature of the election
14 authority who has caused the ballots to be printed. The back
15 of the ballot card shall also include a method of identifying
16 the ballot configuration such as a listing of the political
17 subdivisions and districts for which votes may be cast on
18 that ballot, or a number code identifying the ballot
19 configuration or color coded ballots, except that where there
20 is only one ballot configuration in a precinct, the precinct
21 identification, and any applicable ward identification, shall
22 be sufficient. Ballot card envelopes used in punch card
23 systems shall be of paper through which no writing or punches
24 may be discerned and shall be of sufficient length to enclose
25 all voting positions. However, the election authority may
26 provide ballot card envelopes on which no precinct number or
27 township, ward or other election district designation, or
28 election date are preprinted, if space and a preprinted form
29 are provided below the space provided for the names of
30 write-in candidates where such information may be entered by
31 the judges of election. Whenever an election authority
32 utilizes ballot card envelopes on which the election date and
33 precinct is not preprinted, a judge of election shall mark
34 such information for the particular precinct and election on
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1 the envelope in ink before tallying and counting any write-in
2 vote written thereon. If some method of insuring ballot
3 secrecy other than an envelope is used, such information must
4 be provided on the ballot itself.
5 (e) In the designation of the name of a candidate on the
6 ballot, the candidate's given name or names, initial or
7 initials, a nickname by which the candidate is commonly
8 known, or a combination thereof, may be used in addition to
9 the candidate's surname. No other designation such as a
10 political slogan, title, or degree or nickname suggesting or
11 implying possession of a title, degree or professional
12 status, or similar information may be used in connection with
13 the candidate's surname, except that the title "Mrs." may be
14 used in the case of a married woman. For purposes of this
15 Section, a "political slogan" is defined as any word or words
16 expressing or connoting a position, opinion, or belief that
17 the candidate may espouse, including but not limited to, any
18 word or words conveying any meaning other than that of the
19 personal identity of the candidate. A candidate may not use a
20 political slogan as part of his or her name on the ballot,
21 notwithstanding that the political slogan may be part of the
22 candidate's name.
23 (f) The State Board of Elections, a local election
24 official, or an election authority shall remove any
25 candidate's name designation from a ballot that is
26 inconsistent with subsection (e) of this Section. In
27 addition, the State Board of Elections, a local election
28 official, or an election authority shall not certify to any
29 election authority any candidate name designation that is
30 inconsistent with subsection (e) of this Section.
31 (g) If the State Board of Elections, a local election
32 official, or an election authority removes a candidate's name
33 designation from a ballot under subsection (f) of this
34 Section, then the aggrieved candidate may seek appropriate
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1 relief in circuit court.
2 Where voting machines or electronic voting systems are
3 used, the provisions of this Section may be modified as
4 required or authorized by Article 24 or Article 24A,
5 whichever is applicable.
6 Nothing in this Section shall prohibit election
7 authorities from using or reusing ballot card envelopes which
8 were printed before the effective date of this amendatory Act
9 of 1985.
10 (Source: P.A. 92-178, eff. 1-1-02.)
11 (10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
12 Sec. 17-23. Pollwatchers in a general election shall be
13 authorized in the following manner:
14 (1) Each established political party shall be entitled
15 to appoint two pollwatchers per precinct. Such pollwatchers
16 must be affiliated with the political party for which they
17 are pollwatching. For all elections, the pollwatchersexcept
18 as provided in subsection (4), one pollwatcher must be
19 registered to vote in Illinoisfrom a residence in the county
20 in which he is pollwatching. The second pollwatcher must be
21 registered to vote from a residence in the precinct or ward
22 in which he is pollwatching.
23 (2) Each candidate shall be entitled to appoint two
24 pollwatchers per precinct. For all elections, the
25 pollwatchers one pollwatcher must be registered to vote in
26 Illinoisfrom a residence in the county in which he is
27 pollwatching. The second pollwatcher must be registered to
28 vote from a residence in the precinct or ward in which he is
29 pollwatching.
30 (3) Each organization of citizens within the county or
31 political subdivision, which has among its purposes or
32 interests the investigation or prosecution of election
33 frauds, and which shall have registered its name and address
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1 and the name and addresses of its principal officers with the
2 proper election authority at least 40 days before the
3 election, shall be entitled to appoint one pollwatcher per
4 precinct. For all elections, thesuch pollwatcher must be
5 registered to vote in Illinoisfrom a residence in the county
6 in which he is pollwatching.
7 (4) In any general election held to elect candidates for
8 the offices of a municipality of less than 3,000,000
9 population that is situated in 2 or more counties, a
10 pollwatcher who is a resident of Illinoisa county in which
11 any part of the municipality is situated shall be eligible to
12 serve as a pollwatcher in any poll located within such
13 municipality, provided that such pollwatcher otherwise
14 complies with the respective requirements of subsections (1)
15 through (3) of this Section and is a registered voter in
16 Illinoiswhose residence is within the municipality.
17 (5) Each organized group of proponents or opponents of a
18 ballot proposition, which shall have registered the name and
19 address of its organization or committee and the name and
20 address of its chairman with the proper election authority at
21 least 40 days before the election, shall be entitled to
22 appoint one pollwatcher per precinct. TheSuch pollwatcher
23 must be registered to vote in Illinoisfrom a residence in
24 the county in which the ballot proposition is being voted
25 upon.
26 All pollwatchers shall be required to have proper
27 credentials. Such credentials shall be printed in sufficient
28 quantities, shall be issued by and under the facsimile
29 signature(s) of the election authority and shall be available
30 for distribution at least 2 weeks prior to the election. Such
31 credentials shall be authorized by the real or facsimile
32 signature of the State or local party official or the
33 candidate or the presiding officer of the civic organization
34 or the chairman of the proponent or opponent group, as the
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1 case may be.
2 Pollwatcher credentials shall be in substantially the
3 following form:
4 POLLWATCHER CREDENTIALS
5 TO THE JUDGES OF ELECTION:
6 In accordance with the provisions of the Election Code,
7 the undersigned hereby appoints .......... (name of
8 pollwatcher) who resides at ........... (address) in the
9 county of ..........., .......... (township or municipality)
10 of ........... (name), State of Illinois and who is duly
11 registered to vote from this address, to act as a
12 pollwatcher in the ........... precinct of the ...........
13 ward (if applicable) of the ........... (township or
14 municipality) of ........... at the ........... election to
15 be held on (insert date).
16 ........................ (Signature of Appointing Authority)
17 ......................... TITLE (party official, candidate,
18 civic organization president,
19 proponent or opponent group chairman)
20 Under penalties provided by law pursuant to Section 29-10
21 of the Election Code, the undersigned pollwatcher certifies
22 that he or she resides at ................ (address) in the
23 county of ............, ......... (township or municipality)
24 of ........... (name), State of Illinois, and is duly
25 registered to vote in Illinoisfrom that address.
26 .......................... .......................
27 (Precinct and/or Ward in (Signature of Pollwatcher)
28 Which Pollwatcher Resides)
29 Pollwatchers must present their credentials to the Judges
30 of Election upon entering the polling place. Pollwatcher
31 credentials properly executed and signed shall be proof of
32 the qualifications of the pollwatcher authorized thereby.
33 Such credentials are retained by the Judges and returned to
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1 the Election Authority at the end of the day of election with
2 the other election materials. Once a pollwatcher has
3 surrendered a valid credential, he may leave and reenter the
4 polling place provided that such continuing action does not
5 disrupt the conduct of the election. Pollwatchers may be
6 substituted during the course of the day, but established
7 political parties, candidates and qualified civic
8 organizations can have only as many pollwatchers at any given
9 time as are authorized in this Article. A substitute must
10 present his signed credential to the judges of election upon
11 entering the polling place. Election authorities must
12 provide a sufficient number of credentials to allow for
13 substitution of pollwatchers. After the polls have closed
14 pollwatchers shall be allowed to remain until the canvass of
15 votes is completed; but may leave and reenter only in cases
16 of necessity, provided that such action is not so continuous
17 as to disrupt the canvass of votes.
18 Candidates seeking office in a district or municipality
19 encompassing 2 or more counties shall be admitted to any and
20 all polling places throughout such district or municipality
21 without regard to the counties in which such candidates are
22 registered to vote. Actions of such candidates shall be
23 governed in each polling place by the same privileges and
24 limitations that apply to pollwatchers as provided in this
25 Section. Any such candidate who engages in an activity in a
26 polling place which could reasonably be construed by a
27 majority of the judges of election as campaign activity shall
28 be removed forthwith from such polling place.
29 Candidates seeking office in a district or municipality
30 encompassing 2 or more counties who desire to be admitted to
31 polling places on election day in such district or
32 municipality shall be required to have proper credentials.
33 Such credentials shall be printed in sufficient quantities,
34 shall be issued by and under the facsimile signature of the
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1 election authority of the election jurisdiction where the
2 polling place in which the candidate seeks admittance is
3 located, and shall be available for distribution at least 2
4 weeks prior to the election. Such credentials shall be
5 signed by the candidate.
6 Candidate credentials shall be in substantially the
7 following form:
8 CANDIDATE CREDENTIALS
9 TO THE JUDGES OF ELECTION:
10 In accordance with the provisions of the Election Code, I
11 ...... (name of candidate) hereby certify that I am a
12 candidate for ....... (name of office) and seek admittance to
13 ....... precinct of the ....... ward (if applicable) of the
14 ....... (township or municipality) of ....... at the .......
15 election to be held on (insert date).
16 ......................... .......................
17 (Signature of Candidate) OFFICE FOR WHICH
18 CANDIDATE SEEKS
19 NOMINATION OR
20 ELECTION
21 Pollwatchers shall be permitted to observe all
22 proceedings relating to the conduct of the election and to
23 station themselves in a position in the voting room as will
24 enable them to observe the judges making the signature
25 comparison between the voter application and the voter
26 registration record card; provided, however, that such
27 pollwatchers shall not be permitted to station themselves in
28 such close proximity to the judges of election so as to
29 interfere with the orderly conduct of the election and shall
30 not, in any event, be permitted to handle election materials.
31 Pollwatchers may challenge for cause the voting
32 qualifications of a person offering to vote and may call to
33 the attention of the judges of election any incorrect
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1 procedure or apparent violations of this Code.
2 If a majority of the judges of election determine that
3 the polling place has become too overcrowded with
4 pollwatchers so as to interfere with the orderly conduct of
5 the election, the judges shall, by lot, limit such
6 pollwatchers to a reasonable number, except that each
7 established or new political party shall be permitted to have
8 at least one pollwatcher present.
9 Representatives of an election authority, with regard to
10 an election under its jurisdiction, the State Board of
11 Elections, and law enforcement agencies, including but not
12 limited to a United States Attorney, a State's attorney, the
13 Attorney General, and a State, county, or local police
14 department, in the performance of their official election
15 duties, shall be permitted at all times to enter and remain
16 in the polling place. Upon entering the polling place, such
17 representatives shall display their official credentials or
18 other identification to the judges of election.
19 Uniformed police officers assigned to polling place duty
20 shall follow all lawful instructions of the judges of
21 election.
22 The provisions of this Section shall also apply to
23 supervised casting of absentee ballots as provided in Section
24 19-12.2 of this Act.
25 (Source: P.A. 90-655, eff. 7-30-98; 91-357, eff. 7-29-99.)
26 (10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
27 Sec. 17-29. (a) No judge of election, pollwatcher, or
28 other person shall, at any primary or election, do any
29 electioneering or soliciting of votes or engage in any
30 political discussion within any polling place or within 100
31 feet of any polling place; no person shall interrupt, hinder
32 or oppose any voter while approaching within 100 feet of any
33 polling place for the purpose of voting. Judges of election
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1 shall enforce the provisions of this Section.
2 (b) Election officers shall place 2 or more cones, small
3 United States national flags, or some other marker a distance
4 of 100 horizontal feet from each entrance to the room used by
5 voters to engage in voting, which shall be known as the
6 polling room. If the polling room is located within a public
7 or private school building and the distance of 100 horizontal
8 feet ends within the interior of the public or private school
9 building, then the markers shall be placed outside of the
10 public or private school building at each entrance used by
11 voters to enter that building on the grounds adjacent to the
12 thoroughfare or walkway. If the polling room is located
13 within a public or private building with 2 or more floors and
14 the polling room is located on the ground floor, then the
15 markers shall be placed 100 horizontal feet from each
16 entrance to the polling room used by voters to engage in
17 voting. If the polling room is located in a public or private
18 building with 2 or more floors and the polling room is
19 located on a floor above or below the ground floor, then the
20 markers shall be placed a distance of 100 feet from the
21 nearest elevator or staircase used by voters on the ground
22 floor to access the floor where the polling room is located.
23 The area within where the markers are placed shall be known
24 as a campaign free zone, and electioneering is prohibited
25 pursuant to this subsection.
26 The area on polling place property beyond the campaign
27 free zone, whether publicly or privately owned, is a public
28 forum for the time that the polls are open on an election
29 day. At the request of election officers any publicly owned
30 building must be made available for use as a polling place. A
31 person shall have the right to congregate and engage in
32 electioneering on any polling place property while the polls
33 are open beyond the campaign free zone, including but not
34 limited to, the placement of temporary signs. This subsection
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1 shall be construed liberally in favor of persons engaging in
2 electioneering on all polling place property beyond the
3 campaign free zone for the time that the polls are open on an
4 election day.
5 (c) The regulation of electioneering on polling place
6 property on an election day, including but not limited to the
7 placement of temporary signs, is an exclusive power and
8 function of the State. A home rule unit may not regulate
9 electioneering and any ordinance or local law contrary to
10 subsection (c) is declared void. This is a denial and
11 limitation of home rule powers and functions under subsection
12 (h) of Section 6 of Article VII of the Illinois Constitution.
13 (Source: P.A. 80-1090.)
14 (10 ILCS 5/Art. 18A heading new)
15 ARTICLE 18A
16 PROVISIONAL VOTING
17 (10 ILCS 5/18A-2 new)
18 Sec. 18A-2. Application of Article. In addition to and
19 notwithstanding any other law to the contrary, the procedures
20 in this Article shall govern provisional voting.
21 (10 ILCS 5/18A-5 new)
22 Sec. 18A-5. Provisional voting; general provisions.
23 (a) A person who claims to be a registered voter is
24 entitled to cast a provisional ballot under the following
25 circumstances:
26 (1) The person's name does not appear on the
27 official list of eligible voters, whether a list of
28 active or inactive voters, for the precinct in which the
29 person seeks to vote;
30 (2) The person's voting status has been challenged
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1 by an election judge, a poll watcher, or any other
2 person; or
3 (3) A federal or State court order extends the time
4 for closing the polls beyond the time period established
5 by State law and the person votes during the extended
6 time period.
7 (b) The procedure for obtaining and casting a
8 provisional ballot at the polling place shall be as follows:
9 (1) An election judge at the polling place shall
10 notify a person who is entitled to cast a provisional
11 ballot pursuant to subsection (a) that he or she may cast
12 a provisional ballot in that election. An election judge
13 must accept any information provided by a person who
14 casts a provisional ballot that the person believes
15 supports his or her claim that he or she is a duly
16 registered voter and qualified to vote in the election.
17 (2) The person shall execute a written form
18 provided by the election judge that shall state or
19 contain all of the following:
20 (i) an affidavit stating the following:
21 State of Illinois, County of ................,
22 Township ............., Precinct ........, Ward
23 ........, I, ......................., do solemnly
24 swear (or affirm) that: I am a citizen of the United
25 States; I am 18 years of age or older; I have
26 resided in this State and in this precinct for 30
27 days preceding this election; I have not voted in
28 this election; I am a duly registered voter in every
29 respect; and I am eligible to vote in this election.
30 Signature ...... Printed Name of Voter .......
31 Printed Residence Address of Voter ...... City
32 ...... State .... Zip Code ..... Telephone Number
33 ...... Date of Birth ....... Last 4 digits of Social
34 Security Number ..... or Driver's License Number
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1 ...... or State Identification Card Number ...... or
2 other unique identifier number issued to the person
3 by the Secretary of State or State Board of
4 Elections ...... .
5 (ii) Written instruction stating the following:
6 In order to expedite the verification of your
7 voter registration status, the .... (insert name of
8 county clerk of board of election commissioners
9 here) requests that you include your phone number
10 and both the last four digits of your social
11 security number and your driver's license number or
12 State Identification Card Number or other unique
13 identifier number issued to you by the
14 Secretary of State or State Board of Elections. At
15 minimum, you are required to include either (A) the
16 last 4 digits of your social security number or (B)
17 your driver's license number, State Identification
18 Card Number or other unique identifier number issued
19 to you by the Secretary of State or State Board of
20 Elections, but not your phone number.
21 (iii) A box for the election judge to check one of
22 the 3 reasons why the person was given a provisional
23 ballot under subsection (a) of Section 18A-5.
24 (iv) An area for the election judge to affix his or
25 her signature and to set forth any facts that support or
26 oppose the allegation that the person is not qualified to
27 vote in the precinct in which the person is seeking to
28 vote.
29 The written affidavit form described in this subsection
30 (b)(2) must be printed on a multi-part form prescribed by the
31 county clerk or board of election commissioners, as the case
32 may be.
33 (3) After the person executes the portion of the written
34 affidavit described in subsection (b)(2)(i) of this Section,
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1 the election judge shall complete the portion of the written
2 affidavit described in subsection (b)(2)(iii) and (b)(2)(iv).
3 (4) The election judge shall give a copy of the
4 completed written affidavit to the person. The election judge
5 shall place the original written affidavit in a self-adhesive
6 clear plastic packing list envelope that must be attached to
7 a separate envelope marked as a "provisional ballot
8 envelope". The election judge shall also place any
9 information provided by the person who casts a provisional
10 ballot in the clear plastic packing list envelope. Each
11 county clerk or board of election commissioners, as the case
12 may be, must design, obtain or procure self-adhesive clear
13 plastic packing list envelopes and provisional ballot
14 envelopes that are suitable for implementing this subsection
15 (b)(4) of this Section.
16 (5) The election judge shall provide the person with a
17 provisional ballot, written instructions for casting a
18 provisional ballot, and the provisional ballot envelope with
19 the clear plastic packing list envelope affixed to it, which
20 contains the person's original written affidavit and, if any,
21 information provided by the provisional voter to support his
22 or her claim that he or she is a duly registered voter. An
23 election judge must also give the person written information
24 that states that any person who casts a provisional ballot
25 shall be able to ascertain, pursuant to guidelines
26 established by the State Board of Elections, whether the
27 provisional vote was counted in the official canvass of votes
28 for that election and, if the provisional vote was not
29 counted, the reason that the vote was not counted.
30 (6) After the person has completed marking his or her
31 provisional ballot, he or she shall place the marked ballot
32 inside of the provisional ballot envelope, close and seal the
33 envelope, and return the envelope to an election judge, who
34 shall then deposit the sealed provisional ballot envelope
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1 into a securable container separately identified and utilized
2 for containing sealed provisional ballot envelopes. The
3 securable container shall be sealed with filament tape
4 provided for that purpose, which shall be wrapped around the
5 box lengthwise and crosswise, at least twice each way, and
6 each of the election judges shall sign the seal.
7 (c) Instead of the affidavit form described in
8 subsection (b), the county clerk or board of election
9 commissioners, as the case may be, may design and use a
10 multi-part affidavit form that is imprinted upon or attached
11 to the provisional ballot envelope described subsection (b).
12 If a county clerk or board of election commissioners elects
13 to design and use its own multi-part affidavit form, then the
14 county clerk or board of election commissioners shall
15 establish a mechanism for accepting any information the
16 provisional voter has supplied to the election judge to
17 support his or her claim that he or she is a duly registered
18 voter. In all other respects, a county clerk or board of
19 election commissioners shall establish procedures consistent
20 with subsection (b).
21 (d) The county clerk or board of election commissioners,
22 as the case may be, shall use the completed affidavit form
23 described in subsection (b) to update the person's voter
24 registration information in the State voter registration
25 database and voter registration database of the county clerk
26 or board of election commissioners, as the case may be. If a
27 person is later determined not to be a registered voter based
28 on Section 18A-15 of this Code, then the affidavit shall be
29 processed by the county clerk or board of election
30 commissioners, as the case may be, as a voter registration
31 application.
32 (10 ILCS 5/18A-10 new)
33 Sec. 18A-10. Sealing and transporting provisional
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1 ballots.
2 (a) Upon the closing of the polls, 2 election judges not
3 of the same political party shall return to the county clerk
4 or board of election commissioners the unopened sealed
5 securable container containing the provisional ballots to a
6 location specified by the county clerk or board of election
7 commissioners in the most direct manner of transport. The
8 county clerk or board of election commissioners shall keep
9 the securable container secure until such time as the
10 provisional ballots are counted in accordance with Section
11 18A-15.
12 (b) Upon receipt of materials returned from the polling
13 places, the county clerk or board of election commissioners
14 shall update the State voter registration list and the voter
15 registration database of the county clerk or board of
16 election commissioners, as the case may be, by using the
17 affidavit forms of provisional voters.
18 (10 ILCS 5/18A-15 new)
19 Sec. 18A-15. Validating and counting provisional
20 ballots.
21 (a) The county clerk or board of election commissioners
22 shall complete the validation and counting of provisional
23 ballots within 14 calendar days of the day of the election.
24 The county clerk or board of election commissioners shall
25 have 7 calendar days from the completion of the validation
26 and counting of provisional ballots to conduct its final
27 canvass. The State Board of Election shall complete within 35
28 calendar days of the election or sooner if all the returns
29 are received, its final canvass of the vote for all public
30 offices.
31 (b) If a county clerk or board of election commissioners
32 determines that all of the following apply, then a
33 provisional ballot is valid and shall be counted as a vote:
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1 (1) The provisional voter cast the provisional
2 ballot in the correct precinct based on the address
3 provided by the provisional voter;
4 (2) The affidavit executed by the provisional voter
5 pursuant to subsection (b)(2) of Section 18A-10 is
6 properly executed; and
7 (3) the provisional voter is a registered voter
8 based on information available to the county clerk or
9 board of election commissioners provided by or obtained
10 from any of the following:
11 i. the provisional voter;
12 ii. an election judge;
13 iii. the State-wide voter registration
14 database maintained by the State Board of Elections;
15 iv. the records of the county clerk or board
16 of election commissioners' database; or
17 v. the records of the Secretary of State.
18 (c) With respect to subsection (b)(3) of this Section,
19 the county clerk or board of election commissioners shall
20 investigate whether each of the 5 types of information is
21 available and record whether this information is or is not
22 available. If one or more types of information is available,
23 then the county clerk or board of election commissioners
24 shall obtain all relevant information from all sources
25 identified in subsection (b)(3). The county clerk or board of
26 election commissioners shall use any information it obtains
27 as the basis for determining the voter registration status of
28 the provisional voter. If a conflict exists among the
29 information available to the county clerk or board of
30 election commissioners as to the registration status of the
31 provisional voter, then the county clerk or board of election
32 commissioners shall make a determination based on the
33 totality of the circumstances. In a case where the above
34 information equally supports or opposes the registration
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1 status of the voter, the county clerk or board of election
2 commissioners shall decide in favor of the provisional voter
3 as being duly registered to vote. If the Statewide voter
4 registration database maintained by the State Board of
5 Elections indicates that the provisional voter is registered
6 to vote, but the county clerk's or board of election
7 commissioners' voter registration database indicates that the
8 provisional voter is not registered to vote, then the
9 information found in the statewide voter registration
10 database shall control the matter and the provisional voter
11 shall be deemed to be registered to vote. If the records of
12 the county clerk or board of election commissioners indicates
13 that the provisional voter is registered to vote, but the
14 State-wide voter registration database maintained by the
15 State Board of Elections indicates that the provisional voter
16 is not registered to vote, then the information found in the
17 records of the county clerk or board of election
18 commissioners shall control the matter and the provisional
19 voter shall be deemed to be registered to vote. If the
20 provisional voter's signature on his or her provisional
21 ballot request varies from the signature on an otherwise
22 valid registration application solely because of the
23 substitution of initials for the first or middle name, the
24 election authority may not reject the provisional ballot.
25 (d) In validating the registration status of a person
26 casting a provisional ballot, the county clerk or board of
27 election commissioners shall not require a provisional voter
28 to complete any form other than the affidavit executed by the
29 provisional voter under subsection (b)(2) of Section 18A-5.
30 In addition, the county clerk or board of election
31 commissioners shall not require all provisional voters or any
32 particular class or group of provisional voters to appear
33 personally before the county clerk or board of election
34 commissioners or as a matter of policy require provisional
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1 voters to submit additional information to verify or
2 otherwise support the information already submitted by the
3 provisional voter. The provisional voter may, within 2
4 calendar days after the election, submit additional
5 information to the county clerk or board of election
6 commissioners. This information must be received by the
7 county clerk or board of election commissioners within the
8 2-calendar-day period.
9 (e) If the county clerk or board of election
10 commissioners determines that subsection (b)(1), (b)(2), or
11 (b)(3) does not apply, then the provisional ballot is not
12 valid and may not be counted. The provisional ballot envelope
13 containing the ballot cast by the provisional voter may not
14 be opened. The county clerk or board of election
15 commissioners shall write on the provisional ballot envelope
16 the following: "Provisional ballot determined invalid.".
17 (f) If the county clerk or board of election
18 commissioners determines that a provisional ballot is valid
19 under this Section, then the provisional ballot envelope
20 shall be opened. The outside of each provisional ballot shall
21 also be marked to identify the precinct and the date of the
22 election.
23 (g) The provisional ballots determined to be valid shall
24 be added to the vote totals for the precincts from which they
25 were cast in the order in which the ballots were opened. The
26 county clerk or board of election commissioners may, in the
27 alternative, create a separate provisional-voter precinct for
28 the purpose of counting and recording provisional ballots and
29 adding the recorded votes to its official canvass. The
30 validation and counting of provisional ballots shall be
31 subject to the provisions of this Code that apply to
32 pollwatchers. If the provisional ballots are a ballot of a
33 punch card voting system, then the provisional ballot shall
34 be counted in a manner consistent with Article 24A. If the
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1 provisional ballots are a ballot of optical scan or other
2 type of approved electronic voting system, then the
3 provisional ballots shall be counted in a manner consistent
4 with Article 24B.
5 (h) As soon as the ballots have been counted, the
6 election judges or election officials shall, in the presence
7 of the county clerk or board of election commissioners, place
8 each of the following items in a separate envelope or bag:
9 (1) all provisional ballots, voted or spoiled; (2) all
10 provisional ballots determined invalid or rejected; (3) all
11 provisional ballot envelopes; and (4) all executed affidavits
12 relating to the provisional ballots. The election judges
13 shall then securely seal each envelope or bag, initial the
14 envelope or bag, and plainly mark on the outside of the
15 envelope or bag in ink the precinct in which the provisional
16 ballots were cast. The election judges shall then place each
17 sealed envelope or bag into a box, secure and seal it in the
18 same manner as described in subsection (d) of Section 18A-5,
19 and deliver the box to the county clerk or board of election
20 commissioners. Upon delivery of the box to the county clerk
21 or board of election commissioners, each election judge shall
22 take and subscribe an oath before the county clerk or board
23 of election commissioners that the election judge securely
24 kept the ballots and papers in the box, did not permit any
25 person to open the box or otherwise touch or tamper with the
26 ballots and papers in the box, and has no knowledge of any
27 other person opening the box.
28 (10 ILCS 5/18A-20 new)
29 Sec. 18A-20. Provisional voting verification system. In
30 conjunction with each county clerk or board of election
31 commissioners, the State Board of Elections shall establish a
32 uniform free access information system by which a person
33 casting a provisional ballot may ascertain whether the
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1 provisional vote was counted in the official canvass of votes
2 for that election and, if the vote was not counted, the
3 reason that the vote was not counted.
4 (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1)
5 Sec. 19-2.1. At the consolidated primary, general
6 primary, consolidated, and general elections, electors
7 entitled to vote by absentee ballot under the provisions of
8 Section 19-1 may vote in person at the office of the
9 municipal clerk, if the elector is a resident of a
10 municipality not having a board of election commissioners, or
11 at the office of the township clerk or, in counties not under
12 township organization, at the office of the road district
13 clerk if the elector is not a resident of a municipality;
14 provided, in each case that the municipal, township or road
15 district clerk, as the case may be, is authorized to conduct
16 in-person absentee voting pursuant to this Section. Absentee
17 voting in such municipal and township clerk's offices under
18 this Section shall be conducted from the 22nd day through the
19 day before the election.
20 Municipal and township clerks (or road district clerks)
21 who have regularly scheduled working hours at regularly
22 designated offices other than a place of residence and whose
23 offices are open for business during the same hours as the
24 office of the election authority shall conduct in-person
25 absentee voting for said elections. Municipal and township
26 clerks (or road district clerks) who have no regularly
27 scheduled working hours but who have regularly designated
28 offices other than a place of residence shall conduct
29 in-person absentee voting for said elections during the hours
30 of 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to 5:00 p.m.,
31 weekdays, and 9:00 a.m. to 12:00 noon on Saturdays, but not
32 during such hours as the office of the election authority is
33 closed, unless the clerk files a written waiver with the
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1 election authority not later than July 1 of each year stating
2 that he or she is unable to conduct such voting and the
3 reasons therefor. Such clerks who conduct in-person absentee
4 voting may extend their hours for that purpose to include any
5 hours in which the election authority's office is open.
6 Municipal and township clerks (or road district clerks) who
7 have no regularly scheduled office hours and no regularly
8 designated offices other than a place of residence may not
9 conduct in-person absentee voting for said elections. The
10 election authority may devise alternative methods for
11 in-person absentee voting before said elections for those
12 precincts located within the territorial area of a
13 municipality or township (or road district) wherein the clerk
14 of such municipality or township (or road district) has
15 waived or is not entitled to conduct such voting. In
16 addition, electors may vote by absentee ballot under the
17 provisions of Section 19-1 at the office of the election
18 authority having jurisdiction over their residence.
19 In conducting absentee voting under this Section, the
20 respective clerks shall not be required to verify the
21 signature of the absentee voter by comparison with the
22 signature on the official registration record card. However,
23 the clerk shall reasonably ascertain the identity of such
24 applicant, shall verify that each such applicant is a
25 registered voter, and shall verify the precinct in which he
26 or she is registered and the proper ballots of the political
27 subdivisions in which the applicant resides and is entitled
28 to vote, prior to providing any absentee ballot to such
29 applicant. The clerk shall verify the applicant's
30 registration and from the most recent poll list provided by
31 the county clerk, and if the applicant is not listed on that
32 poll list then by telephoning the office of the county clerk.
33 Absentee voting procedures in the office of the
34 municipal, township and road district clerks shall be subject
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1 to all of the applicable provisions of this Article 19.
2 Pollwatchers may be appointed to observe in-person absentee
3 voting procedures at the office of the municipal, township or
4 road district clerks' offices where such absentee voting is
5 conducted. Such pollwatchers shall qualify and be appointed
6 in the same manner as provided in Sections 7-34 and 17-23,
7 except each candidate, political party or organization of
8 citizens may appoint only one pollwatcher for each location
9 where in-person absentee voting is conducted. Pollwatchers
10 mustshall be registered to vote in Illinoisresidents of the
11 county and possess valid pollwatcher credentials. All
12 requirements in this Article applicable to election
13 authorities shall apply to the respective local clerks,
14 except where inconsistent with this Section.
15 The sealed absentee ballots in their carrier envelope
16 shall be delivered by the respective clerks, or by the
17 election authority on behalf of a clerk if the clerk and the
18 election authority agree, to the proper polling place before
19 the close of the polls on the day of the general primary,
20 consolidated primary, consolidated, or general election.
21 Not more than 23 days before the nonpartisan, general and
22 consolidated elections, the county clerk shall make available
23 to those municipal, township and road district clerks
24 conducting in-person absentee voting within such county, a
25 sufficient number of applications, absentee ballots,
26 envelopes, and printed voting instruction slips for use by
27 absentee voters in the offices of such clerks. The respective
28 clerks shall receipt for all ballots received, shall return
29 all unused or spoiled ballots to the county clerk on the day
30 of the election and shall strictly account for all ballots
31 received.
32 The ballots delivered to the respective clerks shall
33 include absentee ballots for each precinct in the
34 municipality, township or road district, or shall include
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1 such separate ballots for each political subdivision
2 conducting an election of officers or a referendum on that
3 election day as will permit any resident of the municipality,
4 township or road district to vote absentee in the office of
5 the proper clerk.
6 The clerks of all municipalities, townships and road
7 districts may distribute applications for absentee ballot for
8 the use of voters who wish to mail such applications to the
9 appropriate election authority. Such applications for
10 absentee ballots shall be made on forms provided by the
11 election authority. Duplication of such forms by the
12 municipal, township or road district clerk is prohibited.
13 (Source: P.A. 91-210, eff. 1-1-00.)
14 (10 ILCS 5/19-2.2) (from Ch. 46, par. 19-2.2)
15 Sec. 19-2.2. (a) During the period beginning on the 40th
16 day preceding an election and continuing through the day
17 preceding such election, no advertising pertaining to any
18 candidate or proposition to be voted upon shall be displayed
19 in or within 100 feet of any room used by voters pursuant to
20 this Article; nor shall any person engage in electioneering
21 in or within 100 feet of any such room. Any person who
22 violates this Section may be punished as for contempt of
23 court.
24 (b) Election officers shall place 2 or more cones, small
25 United States national flags, or some other marker a distance
26 of 100 horizontal feet from each entrance to the room used by
27 voters to engage in voting, which shall be known as the
28 polling room. If the polling room is located within a public
29 or private school building and the distance of 100 horizontal
30 feet ends within the interior of the public or private school
31 building, then the markers shall be placed outside of the
32 public or private school building at each entrance used by
33 voters to enter that building on the grounds adjacent to the
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1 thoroughfare or walkway. If the polling room is located
2 within a public or private building with 2 or more floors and
3 the polling room is located on the ground floor, then the
4 markers shall be placed 100 horizontal feet from each
5 entrance to the polling room used by voters to engage in
6 voting. If the polling room is located in a public or private
7 building with 2 or more floors and the polling room is
8 located on a floor above or below the ground floor, then the
9 markers shall be placed a distance of 100 feet from the
10 nearest elevator or staircase used by voters on the ground
11 floor to access the floor where the polling room is located.
12 The area within where the markers are placed shall be known
13 as a campaign free zone, and electioneering is prohibited
14 pursuant to this subsection.
15 The area on polling place property beyond the campaign
16 free zone, whether publicly or privately owned, is a public
17 forum for the time that the polls are open on an election
18 day. At the request of election officers any publicly owned
19 building must be made available for use as a polling place. A
20 person shall have the right to congregate and engage in
21 electioneering on any polling place property while the polls
22 are open beyond the campaign free zone, including but not
23 limited to, the placement of temporary signs. This subsection
24 shall be construed liberally in favor of persons engaging in
25 electioneering on all polling place property beyond the
26 campaign free zone for the time that the polls are open on an
27 election day.
28 (c) The regulation of electioneering on polling place
29 property on an election day, including but not limited to the
30 placement of temporary signs, is an exclusive power and
31 function of the State. A home rule unit may not regulate
32 electioneering and any ordinance or local law contrary to
33 subsection (b) is declared void. This is a denial and
34 limitation of home rule powers and functions under subsection
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1 (h) of Section 6 of Article VII of the Illinois Constitution.
2 (Source: P.A. 80-1281; 80-1469; 80-1494.)
3 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
4 Sec. 19-4. Mailing or delivery of ballots - Time.)
5 Immediately upon the receipt of such application either by
6 mail, not more than 40 days nor less than 5 days prior to
7 such election, or by personal delivery not more than 40 days
8 nor less than one day prior to such election, at the office
9 of such election authority, it shall be the duty of such
10 election authority to examine the records to ascertain
11 whether or not such applicant is lawfully entitled to vote as
12 requested, and if found so to be, to post within one business
13 day thereafter the name, street address, ward and precinct
14 number or township and district number, as the case may be,
15 of such applicant given on a list, the pages of which are to
16 be numbered consecutively to be kept by such election
17 authority for such purpose in a conspicuous, open and public
18 place accessible to the public at the entrance of the office
19 of such election authority, and in such a manner that such
20 list may be viewed without necessity of requesting permission
21 therefor, and within 2 business days thereafter to mail,
22 postage prepaid, or deliver in person in such office an
23 official ballot or ballots if more than one are to be voted
24 at said election. Each election authority that has a website
25 or establishes a website after the effective date of this
26 amendatory Act of the 93rd General Assembly shall post on its
27 website the list described above within one business day.
28 Each election authority that does not have a website on or
29 after the effective date of this amendatory Act of the 93rd
30 General Assembly shall make available to members of the
31 public on a daily basis a copy of the above list in
32 electronic format. Mail delivery of Temporarily Absent
33 Student ballot applications pursuant to Section 19-12.3 shall
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1 be by nonforwardable mail. However, for the consolidated
2 election, absentee ballots for certain precincts may be
3 delivered to applicants not less than 25 days before the
4 election if so much time is required to have prepared and
5 printed the ballots containing the names of persons nominated
6 for offices at the consolidated primary. The election
7 authority shall enclose with each absentee ballot or
8 application written instructions on how voting assistance
9 shall be provided pursuant to Section 17-14 and a document,
10 written and approved by the State Board of Elections,
11 enumerating the circumstances under which a person is
12 authorized to vote by absentee ballot pursuant to this
13 Article; such document shall also include a statement
14 informing the applicant that if he or she falsifies or is
15 solicited by another to falsify his or her eligibility to
16 cast an absentee ballot, such applicant or other is subject
17 to penalties pursuant to Section 29-10 and Section 29-20 of
18 the Election Code. Each election authority shall maintain a
19 list of the name, street address, ward and precinct, or
20 township and district number, as the case may be, of all
21 applicants who have returned absentee ballots to such
22 authority, and the name of such absent voter shall be added
23 to such list within one business day from receipt of such
24 ballot. If the absentee ballot envelope indicates that the
25 voter was assisted in casting the ballot, the name of the
26 person so assisting shall be included on the list. The list,
27 the pages of which are to be numbered consecutively, shall be
28 kept by each election authority in a conspicuous, open, and
29 public place accessible to the public at the entrance of the
30 office of the election authority and in a manner that the
31 list may be viewed without necessity of requesting permission
32 for viewing.
33 Each election authority shall maintain a list for each
34 election of the voters to whom it has issued absentee
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1 ballots. The list shall be maintained for each precinct
2 within the jurisdiction of the election authority. Prior to
3 the opening of the polls on election day, the election
4 authority shall deliver to the judges of election in each
5 precinct the list of registered voters in that precinct to
6 whom absentee ballots have been issued by mail.
7 Each election authority shall maintain a list for each
8 election of voters to whom it has issued temporarily absent
9 student ballots. The list shall be maintained for each
10 election jurisdiction within which such voters temporarily
11 abide. Immediately after the close of the period during
12 which application may be made by mail for absentee ballots,
13 each election authority shall mail to each other election
14 authority within the State a certified list of all such
15 voters temporarily abiding within the jurisdiction of the
16 other election authority.
17 In the event that the return address of an application
18 for ballot by a physically incapacitated elector is that of a
19 facility licensed or certified under the Nursing Home Care
20 Act, within the jurisdiction of the election authority, and
21 the applicant is a registered voter in the precinct in which
22 such facility is located, the ballots shall be prepared and
23 transmitted to a responsible judge of election no later than
24 9 a.m. on the Saturday, Sunday or Monday immediately
25 preceding the election as designated by the election
26 authority under Section 19-12.2. Such judge shall deliver in
27 person on the designated day the ballot to the applicant on
28 the premises of the facility from which application was made.
29 The election authority shall by mail notify the applicant in
30 such facility that the ballot will be delivered by a judge of
31 election on the designated day.
32 All applications for absentee ballots shall be available
33 at the office of the election authority for public inspection
34 upon request from the time of receipt thereof by the election
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1 authority until 30 days after the election, except during the
2 time such applications are kept in the office of the election
3 authority pursuant to Section 19-7, and except during the
4 time such applications are in the possession of the judges of
5 election.
6 (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.)
7 (10 ILCS 5/19-10) (from Ch. 46, par. 19-10)
8 Sec. 19-10. Pollwatchers may be appointed to observe
9 in-person absentee voting procedures at the office of the
10 election authority as well as at municipal, township or road
11 district clerks' offices where such absentee voting is
12 conducted. Such pollwatchers shall qualify and be appointed
13 in the same manner as provided in Sections 7-34 and 17-23,
14 except each candidate, political party or organization of
15 citizens may appoint only one pollwatcher for each location
16 where in-person absentee voting is conducted. Pollwatchers
17 mustshall be registered to vote in Illinoisresidents of the
18 county and possess valid pollwatcher credentials.
19 In the polling place on election day, pollwatchers shall
20 be permitted to be present during the casting of the absent
21 voters' ballots and the vote of any absent voter may be
22 challenged for cause the same as if he were present and voted
23 in person, and the judges of the election or a majority
24 thereof shall have power and authority to hear and determine
25 the legality of such ballot; Provided, however, that if a
26 challenge to any absent voter's right to vote is sustained,
27 notice of the same must be given by the judges of election by
28 mail addressed to the voter's place of residence.
29 Where certain absent voters' ballots are counted on the
30 day of the election in the office of the election authority
31 as provided in Section 19-8 of this Act, each political
32 party, candidate and qualified civic organization shall be
33 entitled to have present one pollwatcher for each panel of
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1 election judges therein assigned. Such pollwatchers shall be
2 subject to the same provisions as are provided for
3 pollwatchers in Sections 7-34 and 17-23 of this Code, and
4 shall be permitted to observe the election judges making the
5 signature comparison between that which is on the ballot
6 envelope and that which is on the permanent voter
7 registration record card taken from the master file.
8 (Source: P.A. 86-875.)
9 (10 ILCS 5/23-15.1 new)
10 Sec. 23-15.1. Production of ballot counting source code
11 and attendance of witnesses. All voting-system vendors
12 shall, within 90 days after the adoption of rules or upon
13 application for voting-system approval, place in escrow all
14 source code for its voting system with State Board of
15 Elections. The State Board of Elections shall promulgate
16 rules to implement this Section. For purposes of this
17 Section, the term "source code" includes, but is not limited
18 to, ballot counting source code, table structures, modules,
19 program narratives, and other human readable computer
20 instructions used to count ballots. Any source code submitted
21 by vendors to the State Board of Elections shall be
22 considered strictly confidential and the intellectual
23 property of the vendors and shall not be subject to public
24 disclosure under the Freedom of Information Act.
25 The State Board of Elections shall determine which
26 software components of a voting system it deems necessary to
27 enable the review and verification of the ballot counting
28 source code. The State Board of Elections shall secure and
29 maintain all proprietary ballot counting source codes in
30 strict confidence and shall make a ballot counting source
31 code available to authorized persons in connection with an
32 election contest or pursuant to any State or federal court
33 order.
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1 In an election contest, each party to the contest may
2 designate one or more persons who are authorized to receive
3 the ballot-counting source code of the relevant voting
4 systems. The person or persons authorized to receive the
5 relevant ballot-counting source code shall enter into a
6 confidentiality agreement with the State Board of Elections
7 and must exercise the highest degree of reasonable care to
8 maintain the confidentiality of all proprietary information.
9 The State Board of Elections shall promulgate rules to
10 provide for the security, review, and verification of ballot
11 counting source codes. Verification includes, but is not
12 limited to, determining that the ballot counting source code
13 corresponds to computer instructions actually in use to count
14 ballots. Nothing in this Section shall impair the obligation
15 of any contract between a voting-systems vendor and an
16 election authority that provides access to ballot-counting
17 source code that is equal to or greater than that provided by
18 this Section.
19 (10 ILCS 5/24A-22 new)
20 Sec. 24A-22. Definition of a vote.
21 (a) Notwithstanding any law to the contrary, for the
22 purpose of this Article, a person casts a valid vote on a
23 punch card ballot when:
24 (1) A chad on the card has at least one corner
25 detached from the card;
26 (2) The fibers of paper on at least one edge of the
27 chad are broken in a way that permits unimpeded light to
28 be seen through the card; or
29 (3) An indentation on the chad from the stylus or
30 other object is present and indicates a clearly
31 ascertainable intent of the voter to vote based on the
32 totality of the circumstances, including but not limited
33 to any pattern or frequency of indentations on other
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1 ballot positions from the same ballot card.
2 (b) Write-in votes shall be counted in a manner
3 consistent with the existing provisions of this Code.
4 (c) For purposes of this Section, a "chad" is that
5 portion of a ballot card that a voter punches or perforates
6 with a stylus or other designated marking device to manifest
7 his or her vote for a particular ballot position on a ballot
8 card as defined in subsection (a). Chads shall be removed
9 from ballot cards prior to their processing and tabulation in
10 election jurisdictions that utilize a ballot card as a means
11 of recording votes at an election. Election jurisdictions
12 that utilize a mechanical means or device for chad removal as
13 a component of their tabulation shall use that means or
14 device for chad removal.
15 (10 ILCS 5/24B-2)
16 Sec. 24B-2. Definitions. As used in this Article:
17 "Computer", "automatic tabulating equipment" or
18 "equipment" includes apparatus necessary to automatically
19 examine and count votes as designated on ballots, and data
20 processing machines which can be used for counting ballots
21 and tabulating results.
22 "Ballot" means paper ballot sheets.
23 "Ballot configuration" means the particular combination
24 of political subdivision ballots including, for each
25 political subdivision, the particular combination of offices,
26 candidate names and questions as it appears for each group of
27 voters who may cast the same ballot.
28 "Ballot sheet" means a paper ballot printed on one or
29 both sides which is (1) designed and prepared so that the
30 voter may indicate his or her votes in designated areas,
31 which must be areas clearly printed or otherwise delineated
32 for such purpose, and (2) capable of having votes marked in
33 the designated areas automatically examined, counted, and
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1 tabulated by an electronic scanning process.
2 "Central counting" means the counting of ballots in one
3 or more locations selected by the election authority for the
4 processing or counting, or both, of ballots. A location for
5 central counting shall be within the territorial jurisdiction
6 of the election authority unless there is no suitable
7 tabulating equipment available within his territorial
8 jurisdiction. However, in any event a counting location
9 shall be within this State.
10 "Computer operator" means any person or persons
11 designated by the election authority to operate the automatic
12 tabulating equipment during any portion of the vote tallying
13 process in an election, but shall not include judges of
14 election operating vote tabulating equipment in the precinct.
15 "Computer program" or "program" means the set of
16 operating instructions for the automatic tabulating equipment
17 that examines, counts, tabulates, canvasses and prints votes
18 recorded by a voter on a ballot.
19 "Edit listing" means a computer generated listing of the
20 names of each candidate and proposition as they appear in the
21 program for each precinct.
22 "Header sheet" means a data processing document which is
23 coded to indicate to the computer the precinct identity of
24 the ballots that will follow immediately and may indicate to
25 the computer how such ballots are to be tabulated.
26 "In-precinct counting" means the counting of ballots on
27 automatic tabulating equipment provided by the election
28 authority in the same precinct polling place in which those
29 ballots have been cast.
30 "Marking device" means a pen, computer, or other device
31 or similar device approved by the State Board of Elections
32 for marking, or causing to be marked, a paper ballot with ink
33 or other substance which will enable the ballot to be
34 tabulated by automatic tabulating equipment or by an
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1 electronic scanning process.
2 "Precinct Tabulation Optical Scan Technology" means the
3 capability to examine a ballot through electronic means and
4 tabulate the votes at one or more counting places.
5 "Redundant count" means a verification of the original
6 computer count by another count using compatible equipment or
7 by hand as part of a discovery recount.
8 "Security designation" means a printed designation placed
9 on a ballot to identify to the computer program the offices
10 and propositions for which votes may be cast and to indicate
11 the manner in which votes cast should be tabulated while
12 negating any inadmissible votes.
13 "Separate ballot", with respect to ballot sheets, means a
14 separate portion of the ballot sheet which is clearly defined
15 by a border or borders or shading.
16 "Specimen ballot" means a representation of names of
17 offices and candidates and statements of measures to be voted
18 on which will appear on the official ballot or marking device
19 on election day. The specimen ballot also contains the party
20 and position number where applicable.
21 "Voting defect identification" means the capability to
22 detect overvoted ballots or ballots which cannot be read by
23 the automatic tabulating equipment.
24 "Voting defects" means an overvoted ballot, or a ballot
25 which cannot be read by the automatic tabulating equipment.
26 "Voting system" or "electronic voting system" means that
27 combination of equipment and programs used in the casting,
28 examination and tabulation of ballots and the cumulation and
29 reporting of results by electronic means.
30 (Source: P.A. 89-394, eff. 1-1-97.)
31 (10 ILCS 5/24B-6)
32 Sec. 24B-6. Ballot Information; Arrangement; Electronic
33 Precinct Tabulation Optical Scan Technology Voting System;
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1 Absentee Ballots; Spoiled Ballots. The ballot information,
2 shall, as far as practicable, be in the order of arrangement
3 provided for paper ballots, except that the information may
4 be in vertical or horizontal rows, or on a number of separate
5 pages or displays on the marking device. Ballots for all
6 questions or propositions to be voted on should be provided
7 in a similar manner and must be arranged on the ballot sheet
8 or marking device in the places provided for such purposes.
9 Ballots shall be of white paper unless provided otherwise by
10 administrative rule of the State Board of Elections or
11 otherwise specified.
12 All propositions, including but not limited to
13 propositions calling for a constitutional convention,
14 constitutional amendment, judicial retention, and public
15 measures to be voted upon shall be placed on separate
16 portions of the ballot sheet or marking device by utilizing
17 borders or grey screens. Candidates shall be listed on a
18 separate portion of the ballot sheet or marking device by
19 utilizing borders or grey screens. Below the name of the
20 last candidate listed for an office shall be printed or
21 displayed a line or lines on which the voter may select a
22 write-in candidate.Such line or lines shall be proximate to
23 the name of a candidate or candidates may be written by the
24 voter, and proximate to such lines an area shall be provided
25 for marking votes for the write-in candidate or candidates.
26 The number of write-in lines for an office shall equal the
27 number of candidates for which a voter may vote. More than
28 one amendment to the constitution may be placed on the same
29 portion of the ballot sheet or marking device. Constitutional
30 convention or constitutional amendment propositions shall be
31 printed or displayed on a separate portion of the ballot
32 sheet or marking device and designated by borders or grey
33 screens, unless otherwise provided by administrative rule of
34 the State Board of Elections. More than one public measure
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1 or proposition may be placed on the same portion of the
2 ballot sheet or marking device. More than one proposition
3 for retention of judges in office may be placed on the same
4 portion of the ballot sheet or marking device. Names of
5 candidates shall be printed in black. The party affiliation
6 of each candidate or the word "independent" shall appear near
7 or under the candidate's name, and the names of candidates
8 for the same office shall be listed vertically under the
9 title of that office, on separate pages of the marking
10 device, or as otherwise approved by the State Board of
11 Elections. In the case of nonpartisan elections for officers
12 of political subdivisions, unless the statute or an ordinance
13 adopted pursuant to Article VII of the Constitution requires
14 otherwise, the listing of nonpartisan candidates shall not
15 include any party or "independent" designation. Judicial
16 retention questions and ballot questions for all public
17 measures and other propositions shall be designated by
18 borders or grey screens on the ballot or marking device.
19 Judicial retention ballots shall be designated by borders or
20 grey screens. Ballots for all public measures and other
21 propositions shall be designated by borders or grey screens.
22 In primary elections, a separate ballot, or displays on the
23 marking device, shall be used for each political party
24 holding a primary, with the ballot or marking device arranged
25 to include names of the candidates of the party and public
26 measures and other propositions to be voted upon on the day
27 of the primary election.
28 If the ballot includes both candidates for office and
29 public measures or propositions to be voted on, the election
30 official in charge of the election shall divide the ballot or
31 displays on the marking device in sections for "Candidates"
32 and "Propositions", or separate ballots may be used.
33 Absentee ballots may consist of envelopes, paper ballots
34 or ballot sheets voted in person in the office of the
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1 election official in charge of the election or voted by mail.
2 Where a Precinct Tabulation Optical Scan Technology ballot is
3 used for voting by mail it must be accompanied by voter
4 instructions.
5 Any voter who spoils his or her ballot, makes an error,
6 or has a ballot returned by the automatic tabulating
7 equipment may return the ballot to the judges of election and
8 get another ballot.
9 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
10 (10 ILCS 5/24B-8)
11 Sec. 24B-8. Preparation for Use; Comparison of Ballots;
12 Operational Checks of Automatic Precinct Tabulation Optical
13 Scan Technology Tabulating Equipment; Pollwatchers. The
14 county clerk or board of election commissioners shall cause
15 the approved marking devices to be delivered to the polling
16 places. Before the opening of the polls the judges of
17 election shall compare the ballots or displays on the marking
18 device used with the specimen ballots furnished and see that
19 the names, numbers and letters thereon agree and shall
20 certify thereto on forms provided by the county clerk or
21 board of election commissioners.
22 In addition, in those polling places where in-precinct
23 Precinct Tabulation Optical Scan Technology counting
24 equipment is utilized, the judges of election shall make an
25 operational check of the automatic Precinct Tabulation
26 Optical Scan Technology tabulating equipment before the
27 opening of the polls. The judges of election shall ensure
28 that the totals are all zeroes in the count column on the
29 Precinct Tabulation Optical Scan Technology unit.
30 Pollwatchers as provided by law shall be permitted to
31 closely observe the judges in these procedures and to
32 periodically inspect the Precinct Tabulation Optical Scan
33 Technology equipment when not in use by the voters.
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1 (Source: P.A. 89-394, eff. 1-1-97.)
2 (10 ILCS 5/24B-9)
3 Sec. 24B-9. Testing of Precinct Tabulation Optical Scan
4 Technology Equipment and Program; Custody of Programs, Test
5 Materials and Ballots. Prior to the public test, the
6 election authority shall conduct an errorless pre-test of the
7 automatic Precinct Tabulation Optical Scan Technology
8 tabulating equipment and program and marking device to
9 determine that they will correctly detect Voting Defects and
10 count the votes cast for all offices and all measures. On any
11 day not less than 5 days prior to the election day, the
12 election authority shall publicly test the automatic Precinct
13 Tabulation Optical Scan Technology tabulating equipment and
14 program to determine that they will correctly detect Voting
15 Defects and count the votes cast for all offices and on all
16 measures. Public notice of the time and place of the test
17 shall be given at least 48 hours before the test by
18 publishing the notice in one or more newspapers within the
19 election jurisdiction of the election authority, if a
20 newspaper is published in that jurisdiction. If a newspaper
21 is not published in that jurisdiction, notice shall be
22 published in a newspaper of general circulation in that
23 jurisdiction. Timely written notice stating the date, time,
24 and location of the public test shall also be provided to the
25 State Board of Elections. The test shall be open to
26 representatives of the political parties, the press,
27 representatives of the State Board of Elections, and the
28 public. The test shall be conducted by processing a
29 preaudited group of ballots marked to record a predetermined
30 number of valid votes for each candidate and on each measure,
31 and shall include for each office one or more ballots having
32 votes exceeding the number allowed by law to test the ability
33 of the automatic tabulating equipment or marking device to
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1 reject the votes. The test shall also include producing an
2 edit listing. In those election jurisdictions where
3 in-precinct counting equipment is used, a public test of both
4 the equipment and program shall be conducted as nearly as
5 possible in the manner prescribed above. The State Board of
6 Elections may select as many election jurisdictions as the
7 Board deems advisable in the interests of the election
8 process of this State, to order a special test of the
9 automatic tabulating equipment and program before any regular
10 election. The Board may order a special test in any election
11 jurisdiction where, during the preceding 12 months, computer
12 programming errors or other errors in the use of electronic
13 voting systems resulted in vote tabulation errors. Not less
14 than 30 days before any election, the State Board of
15 Elections shall provide written notice to those selected
16 jurisdictions of their intent to conduct a test. Within 5
17 days of receipt of the State Board of Elections' written
18 notice of intent to conduct a test, the selected
19 jurisdictions shall forward to the principal office of the
20 State Board of Elections a copy of all specimen ballots. The
21 State Board of Elections' tests shall be conducted and
22 completed not less than 2 days before the public test
23 utilizing testing materials supplied by the Board and under
24 the supervision of the Board, and the Board shall reimburse
25 the election authority for the reasonable cost of computer
26 time required to conduct the special test. After an
27 errorless test, materials used in the public test, including
28 the program, if appropriate, shall be sealed and remain
29 sealed until the test is run again on election day. If any
30 error is detected, the cause of the error shall be determined
31 and corrected, and an errorless public test shall be made
32 before the automatic tabulating equipment is approved. Each
33 election authority shall file a sealed copy of each tested
34 program to be used within its jurisdiction at an election
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1 with the State Board of Elections before the election. The
2 Board shall secure the program or programs of each election
3 jurisdiction so filed in its office for the 60 days following
4 the canvass and proclamation of election results. At the
5 expiration of that time, if no election contest or appeal is
6 pending in an election jurisdiction, the Board shall return
7 the sealed program or programs to the election authority of
8 the jurisdiction. Except where in-precinct counting
9 equipment is used, the test shall be repeated immediately
10 before the start of the official counting of the ballots, in
11 the same manner as set forth above. After the completion of
12 the count, the test shall be re-run using the same program.
13 Immediately after the re-run, all material used in testing
14 the program and the programs shall be sealed and retained
15 under the custody of the election authority for a period of
16 60 days. At the expiration of that time the election
17 authority shall destroy the voted ballots, together with all
18 unused ballots returned from the precincts. Provided, if any
19 contest of election is pending at the time in which the
20 ballots may be required as evidence and the election
21 authority has notice of the contest, the same shall not be
22 destroyed until after the contest is finally determined. If
23 the use of back-up equipment becomes necessary, the same
24 testing required for the original equipment shall be
25 conducted.
26 (Source: P.A. 89-394, eff. 1-1-97.)
27 (10 ILCS 5/24B-9.1)
28 Sec. 24B-9.1. Examination of Votes by Electronic
29 Precinct Tabulation Optical Scan Technology Scanning Process
30 or other authorized electronic process; definition of a vote.
31 (a) Examination of Votes by Electronic Precinct
32 Tabulation Optical Scan Technology Scanning Process. Whenever
33 a Precinct Tabulation Optical Scan Technology process is used
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1 to automatically examine and count the votes on ballot
2 sheets, the provisions of this Section shall apply. A voter
3 shall cast a proper vote on a ballot sheet by making a mark,
4 or causing a mark to be made, in the designated area for the
5 casting of a vote for any party or candidate or for or
6 against any proposition. For this purpose, a mark is an
7 intentional darkening of the designated area on the ballot
8 sheet, and not an identifying mark.
9 (b) For any ballot sheet that does not register a vote
10 for one or more ballot positions on the ballot sheet on a
11 Electronic Precinct Tabulation Optical Scan Technology
12 Scanning Process, the following shall constitute a vote on
13 the ballot sheet:
14 (1) The designated area for casting a vote for a
15 particular ballot position on the ballot sheet is fully
16 darkened or shaded in;
17 (2) The designated area for casting a vote for a
18 particular ballot position on the ballot sheet is
19 partially darkened or shaded in;
20 (3) The designated area for casting a vote for a
21 particular ballot position on the ballot sheet contains a
22 dot or ".", a check, or a plus or "+"; or
23 (4) The designated area for casting a vote for a
24 particular ballot position on the ballot sheet contains
25 some other type of mark that indicates the clearly
26 ascertainable intent of the voter to vote based on the
27 totality of the circumstances, including but not limited
28 to any pattern or frequency of marks on other ballot
29 positions from the same ballot sheet.
30 (c) For other electronic voting systems that use a
31 computer as the marking device to mark a ballot sheet, the
32 bar code found on the ballot sheet shall constitute the votes
33 found on the ballot. If, however, the county clerk or board
34 of election commissioners determines that the votes
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1 represented by the tally on the bar code for one or more
2 ballot positions is inconsistent with the votes represented
3 by numerical ballot positions identified on the ballot sheet
4 produced using a computer as the marking device, then the
5 numerical ballot positions identified on the ballot sheet
6 shall constitute the votes for purposes of any official
7 canvass or recount proceeding. An electronic voting system
8 that uses a computer as the marking device to mark a ballot
9 sheet shall be capable of producing a ballot sheet that
10 contains all numerical ballot positions selected by the
11 voter, and provides a place for the voter to cast a write-in
12 vote for a candidate for a particular numerical ballot
13 position.
14 (d) The election authority shall provide an envelope,
15 sleeve or other device to each voter so the voter can deliver
16 the voted ballot sheet to the counting equipment and ballot
17 box without the votes indicated on the ballot sheet being
18 visible to other persons in the polling place.
19 (Source: P.A. 89-394, eff. 1-1-97.)
20 (10 ILCS 5/24B-10)
21 Sec. 24B-10. Receiving, Counting, Tallying and Return of
22 Ballots; Acceptance of Ballots by Election Authority.
23 (a) In an election jurisdiction which has adopted an
24 electronic Precinct Tabulation Optical Scan Technology voting
25 system, the election official in charge of the election shall
26 select one of the 3 following procedures for receiving,
27 counting, tallying, and return of the ballots:
28 (1) Two ballot boxes shall be provided for each
29 polling place. The first ballot box is for the
30 depositing of votes cast on the electronic voting system;
31 and the second ballot box is for all votes cast on other
32 ballots, including absentee paper ballots and any other
33 paper ballots required to be voted other than on the
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1 Precinct Tabulation Optical Scan Technology electronic
2 voting system. Ballots, except absentee ballots for
3 candidates and propositions which are listed on the
4 Precinct Tabulation Optical Scan Technology electronic
5 voting system, deposited in the second ballot box shall
6 be counted, tallied, and returned as is elsewhere
7 provided in this Code for the counting and handling of
8 paper ballots. Immediately after the closing of the
9 polls the absentee ballots delivered to the precinct
10 judges of election by the election official in charge of
11 the election shall be examined to determine that the
12 ballots comply with Sections 19-9 and 20-9 of this Code
13 and are entitled to be inserted into the counting
14 equipment and deposited into the ballot box provided;
15 those entitled to be deposited in this ballot box shall
16 be initialed by the precinct judges of election and
17 deposited. Those not entitled to be deposited in this
18 ballot box shall be marked "Rejected" and disposed of as
19 provided in Sections 19-9 and 20-9. The precinct judges
20 of election shall then open the second ballot box and
21 examine all paper absentee ballots which are in the
22 ballot box to determine whether the absentee ballots bear
23 the initials of a precinct judge of election. If any
24 absentee ballot is not so initialed, it shall be marked
25 on the back "Defective", initialed as to the label by all
26 judges immediately under the word "Defective", and not
27 counted, but placed in the envelope provided for that
28 purpose labeled "Defective Ballots Envelope". The judges
29 of election, consisting in each case of at least one
30 judge of election of each of the 2 major political
31 parties, shall examine the paper absentee ballots which
32 were in such ballot box and properly initialed to
33 determine whether the same contain write-in votes.
34 Write-in votes, not causing an overvote for an office
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1 otherwise voted for on the paper absentee ballot, and
2 otherwise properly voted, shall be counted, tallied and
3 recorded on the tally sheet provided for the record. A
4 write-in vote causing an overvote for an office shall not
5 be counted for that office, but the precinct judges shall
6 mark such paper absentee ballot "Objected To" on the back
7 and write on its back the manner in which the ballot is
8 counted and initial the same. An overvote for one office
9 shall invalidate only the vote or count of that
10 particular office. After counting, tallying and
11 recording the write-in votes on absentee ballots, the
12 judges of election, consisting in each case of at least
13 one judge of election of each of the 2 major political
14 parties, shall make a true duplicate ballot of the
15 remaining valid votes on each paper absentee ballot which
16 was in the ballot box and properly initialed, by using
17 the electronic Precinct Tabulation Optical Scan
18 Technology voting system used in the precinct and one of
19 the marking devices, or equivalent marking device or
20 equivalent ballot, of the precinct to transfer the
21 remaining valid votes of the voter on the paper absentee
22 ballot to an official ballot or a ballot card of that
23 kind used in the precinct at that election. The original
24 paper absentee ballot shall be clearly labeled "Absentee
25 Ballot" and the ballot card so produced "Duplicate
26 Absentee Ballot", and each shall bear the same serial
27 number which shall be placed thereon by the judges of
28 election, beginning with number 1 and continuing
29 consecutively for the ballots of that kind in that
30 precinct. The judges of election shall initial the
31 "Duplicate Absentee Ballot" ballots and shall place them
32 in the first ballot box provided for return of the
33 ballots to be counted at the central counting location in
34 lieu of the paper absentee ballots. The paper absentee
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1 ballots shall be placed in an envelope provided for that
2 purpose labeled "Duplicate Ballots".
3 As soon as the absentee ballots have been deposited
4 in the first ballot box, the judges of election shall
5 make out a slip indicating the number of persons who
6 voted in the precinct at the election. The slip shall be
7 signed by all the judges of election and shall be
8 inserted by them in the first ballot box. The judges of
9 election shall thereupon immediately lock the first
10 ballot box; provided, that if the box is not of a type
11 which may be securely locked, the box shall be sealed
12 with filament tape provided for the purpose that shall be
13 wrapped around the box lengthwise and crosswise, at least
14 twice each way, and in a manner that the seal completely
15 covers the slot in the ballot box, and each of the judges
16 shall sign the seal. Two of the judges of election, of
17 different political parties, shall by the most direct
18 route transport both ballot boxes to the counting
19 location designated by the county clerk or board of
20 election commissioners.
21 Before the ballots of a precinct are fed to the
22 electronic Precinct Tabulation Optical Scan Technology
23 tabulating equipment, the first ballot box shall be
24 opened at the central counting station by the 2 precinct
25 transport judges. Upon opening a ballot box, the team
26 shall first count the number of ballots in the box. If 2
27 or more are folded together to appear to have been cast
28 by the same person, all of the ballots folded together
29 shall be marked and returned with the other ballots in
30 the same condition, as near as may be, in which they were
31 found when first opened, but shall not be counted. If
32 the remaining ballots are found to exceed the number of
33 persons voting in the precinct as shown by the slip
34 signed by the judges of election, the ballots shall be
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1 replaced in the box, and the box closed and well shaken
2 and again opened and one of the precinct transport judges
3 shall publicly draw out so many ballots unopened as are
4 equal to the excess.
5 The excess ballots shall be marked "Excess-Not
6 Counted" and signed by the 2 precinct transport judges
7 and shall be placed in the "After 7:00 p.m. Defective
8 Ballots Envelope". The number of excess ballots shall be
9 noted in the remarks section of the Certificate of
10 Results. "Excess" ballots shall not be counted in the
11 total of "defective" ballots.
12 The precinct transport judges shall then examine the
13 remaining ballots for write-in votes and shall count and
14 tabulate the write-in vote.
15 (2) A single ballot box, for the deposit of all
16 votes cast, shall be used. All ballots which are not to
17 be tabulated on the electronic voting system shall be
18 counted, tallied, and returned as elsewhere provided in
19 this Code for the counting and handling of paper ballots.
20 All ballots to be processed and tabulated with the
21 electronic Precinct Tabulation Optical Scan Technology
22 voting system shall be processed as follows:
23 Immediately after the closing of the polls the
24 absentee ballots delivered to the precinct judges of
25 election by the election official in charge of the
26 election shall be examined to determine that such ballots
27 comply with Sections 19-9 and 20-9 of this Code and are
28 entitled to be deposited in the ballot box; those
29 entitled to be deposited in the ballot box shall be
30 initialed by the precinct judges of election and
31 deposited in the ballot box. Those not entitled to be
32 deposited in the ballot box shall be marked "Rejected"
33 and disposed of as provided in Sections 19-9 and 20-9.
34 The precinct judges of election then shall open the
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1 ballot box and canvass the votes polled to determine that
2 the number of ballots agree with the number of voters
3 voting as shown by the applications for ballot, or if the
4 same do not agree the judges of election shall make such
5 ballots agree with the applications for ballot in the
6 manner provided by Section 17-18 of this Code. The
7 judges of election shall then examine all paper absentee
8 ballots and ballot envelopes which are in the ballot box
9 to determine whether the ballots and ballot envelopes
10 bear the initials of a precinct judge of election. If
11 any ballot or ballot envelope is not initialed, it shall
12 be marked on the back "Defective", initialed as to the
13 label by all judges immediately under the word
14 "Defective", and not counted, but placed in the envelope
15 provided for that purpose labeled "Defective Ballots
16 Envelope". The judges of election, consisting in each
17 case of at least one judge of election of each of the 2
18 major political parties, shall examine the paper absentee
19 ballots which were in the ballot box and properly
20 initialed to determine whether the same contain write-in
21 votes. Write-in votes, not causing an overvote for an
22 office otherwise voted for on the paper absentee ballot,
23 and otherwise properly voted, shall be counted, tallied
24 and recorded on the tally sheet provided for the record.
25 A write-in vote causing an overvote for an office shall
26 not be counted for that office, but the precinct judges
27 shall mark the paper absentee ballot "Objected To" on the
28 back and write on its back the manner the ballot is
29 counted and initial the same. An overvote for one office
30 shall invalidate only the vote or count of that
31 particular office. After counting, tallying and
32 recording the write-in votes on absentee ballots, the
33 judges of election, consisting in each case of at least
34 one judge of election of each of the 2 major political
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1 parties, shall make a true duplicate ballot of the
2 remaining valid votes on each paper absentee ballot which
3 was in the ballot box and properly initialed, by using
4 the electronic voting system used in the precinct and one
5 of the marking devices of the precinct to transfer the
6 remaining valid votes of the voter on the paper absentee
7 ballot to an official ballot of that kind used in the
8 precinct at that election. The original paper absentee
9 ballot shall be clearly labeled "Absentee Ballot" and the
10 ballot so produced "Duplicate Absentee Ballot", and each
11 shall bear the same serial number which shall be placed
12 thereon by the judges of election, commencing with number
13 1 and continuing consecutively for the ballots of that
14 kind in that precinct. The judges of election shall
15 initial the "Duplicate Absentee Ballot" ballots and shall
16 place them in the box for return of the ballots with all
17 other ballots to be counted at the central counting
18 location in lieu of the paper absentee ballots. The
19 paper absentee ballots shall be placed in an envelope
20 provided for that purpose labeled "Duplicate Ballots".
21 In case of an overvote for any office, the judges of
22 election, consisting in each case of at least one judge
23 of election of each of the 2 major political parties,
24 shall make a true duplicate ballot of all votes on the
25 ballot except for the office which is overvoted, by using
26 the ballot of the precinct and one of the marking
27 devices, or equivalent ballot, of the precinct to
28 transfer all votes of the voter except for the office
29 overvoted, to an official ballot of that kind used in the
30 precinct at that election. The original ballot upon
31 which there is an overvote shall be clearly labeled
32 "Overvoted Ballot", and each shall bear the same serial
33 number which shall be placed thereon by the judges of
34 election, beginning with number 1 and continuing
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1 consecutively for the ballots of that kind in that
2 precinct. The judges of election shall initial the
3 "Duplicate Overvoted Ballot" ballots and shall place them
4 in the box for return of the ballots. The "Overvoted
5 Ballot" ballots shall be placed in the "Duplicate
6 Ballots" envelope. The ballots except any defective or
7 overvoted ballot shall be placed separately in the box
8 for return of the ballots, along with all "Duplicate
9 Absentee Ballots", and "Duplicate Overvoted Ballots".
10 The judges of election shall examine the ballots to
11 determine if any is damaged or defective so that it
12 cannot be counted by the automatic tabulating equipment.
13 If any ballot is damaged or defective so that it cannot
14 properly be counted by the automatic tabulating
15 equipment, the judges of election, consisting in each
16 case of at least one judge of election of each of the 2
17 major political parties, shall make a true duplicate
18 ballot of all votes on such ballot by using the ballot of
19 the precinct and one of the marking devices, or
20 equivalent ballot, of the precinct. The original ballot
21 and ballot envelope shall be clearly labeled "Damaged
22 Ballot" and the ballot so produced "Duplicate Damaged
23 Ballot", and each shall bear the same number which shall
24 be placed thereon by the judges of election, commencing
25 with number 1 and continuing consecutively for the
26 ballots of that kind in the precinct. The judges of
27 election shall initial the "Duplicate Damaged Ballot"
28 ballot and shall place them in the box for return of the
29 ballots. The "Damaged Ballot" ballots shall be placed
30 in the "Duplicated Ballots" envelope. A slip indicating
31 the number of voters voting in person, number of absentee
32 votes deposited in the ballot box, and the total number
33 of voters of the precinct who voted at the election shall
34 be made out, signed by all judges of election, and
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1 inserted in the box for return of the ballots. The tally
2 sheets recording the write-in votes shall be placed in
3 this box. The judges of election immediately shall
4 securely lock the ballot box or other suitable box
5 furnished for return of the ballots by the election
6 official in charge of the election; provided that if the
7 box is not of a type which may be securely locked, the
8 box shall be sealed with filament tape provided for the
9 purpose which shall be wrapped around the box lengthwise
10 and crosswise, at least twice each way. A separate
11 adhesive seal label signed by each of the judges of
12 election of the precinct shall be affixed to the box to
13 cover any slot therein and to identify the box of the
14 precinct; and if the box is sealed with filament tape as
15 provided rather than locked, such tape shall be wrapped
16 around the box as provided, but in such manner that the
17 separate adhesive seal label affixed to the box and
18 signed by the judges may not be removed without breaking
19 the filament tape and disturbing the signature of the
20 judges. Two of the judges of election, of different
21 major political parties, shall by the most direct route
22 transport the box for return of the ballots and enclosed
23 ballots and returns to the central counting location
24 designated by the election official in charge of the
25 election. If, however, because of the lack of adequate
26 parking facilities at the central counting location or
27 for any other reason, it is impossible or impracticable
28 for the boxes from all the polling places to be delivered
29 directly to the central counting location, the election
30 official in charge of the election may designate some
31 other location to which the boxes shall be delivered by
32 the 2 precinct judges. While at the other location the
33 boxes shall be in the care and custody of one or more
34 teams, each consisting of 4 persons, 2 from each of the 2
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1 major political parties, designated for such purpose by
2 the election official in charge of elections from
3 recommendations by the appropriate political party
4 organizations. As soon as possible, the boxes shall be
5 transported from the other location to the central
6 counting location by one or more teams, each consisting
7 of 4 persons, 2 from each of the 2 major political
8 parties, designated for the purpose by the election
9 official in charge of elections from recommendations by
10 the appropriate political party organizations.
11 The "Defective Ballots" envelope, and "Duplicated
12 Ballots" envelope each shall be securely sealed and the
13 flap or end of each envelope signed by the precinct
14 judges of election and returned to the central counting
15 location with the box for return of the ballots, enclosed
16 ballots and returns.
17 At the central counting location, a team of tally
18 judges designated by the election official in charge of
19 the election shall check the box returned containing the
20 ballots to determine that all seals are intact, and shall
21 open the box, check the voters' slip and compare the
22 number of ballots so delivered against the total number
23 of voters of the precinct who voted, remove the ballots
24 and deliver them to the technicians operating the
25 automatic tabulating equipment. Any discrepancies
26 between the number of ballots and total number of voters
27 shall be noted on a sheet furnished for that purpose and
28 signed by the tally judges.
29 (3) A single ballot box, for the deposit of all
30 votes cast, shall be used. Immediately after the closing
31 of the polls the judges of election shall examine the
32 absentee ballots received by the precinct judges of
33 election from the election authority of voters in that
34 precinct to determine that they comply with the
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1 provisions of Sections 19-9, 20-8 and 20-9 of this Code
2 and are entitled to be deposited in the ballot box; those
3 entitled to be deposited in the ballot box shall be
4 initialed by the precinct judges and deposited in the
5 ballot box. Those not entitled to be deposited in the
6 ballot box, in accordance with Sections 19-9, 20-8 and
7 20-9 of this Code shall be marked "Rejected" and
8 preserved in the manner provided in this Code for the
9 retention and preservation of official ballots rejected
10 at such election. Immediately upon the completion of the
11 absentee balloting, the precinct judges of election shall
12 securely lock the ballot box; provided that if such box
13 is not of a type which may be securely locked, the box
14 shall be sealed with filament tape provided for the
15 purpose which shall be wrapped around the box lengthwise
16 and crosswise, at least twice each way. A separate
17 adhesive seal label signed by each of the judges of
18 election of the precinct shall be affixed to the box to
19 cover any slot therein and to identify the box of the
20 precinct; and if the box is sealed with filament tape as
21 provided rather than locked, such tape shall be wrapped
22 around the box as provided, but in a manner that the
23 separate adhesive seal label affixed to the box and
24 signed by the judges may not be removed without breaking
25 the filament tape and disturbing the signature of the
26 judges. Two of the judges of election, of different
27 major political parties, shall by the most direct route
28 transport the box for return of the ballots and enclosed
29 absentee ballots and returns to the central counting
30 location designated by the election official in charge of
31 the election. If however, because of the lack of
32 adequate parking facilities at the central counting
33 location or for some other reason, it is impossible or
34 impracticable for the boxes from all the polling places
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1 to be delivered directly to the central counting
2 location, the election official in charge of the election
3 may designate some other location to which the boxes
4 shall be delivered by the 2 precinct judges. While at
5 the other location the boxes shall be in the care and
6 custody of one or more teams, each consisting of 4
7 persons, 2 from each of the 2 major political parties,
8 designated for the purpose by the election official in
9 charge of elections from recommendations by the
10 appropriate political party organizations. As soon as
11 possible, the boxes shall be transported from the other
12 location to the central counting location by one or more
13 teams, each consisting of 4 persons, 2 from each of the 2
14 major political parties, designated for the purpose by
15 the election official in charge of the election from
16 recommendations by the appropriate political party
17 organizations.
18 At the central counting location there shall be one
19 or more teams of tally judges who possess the same
20 qualifications as tally judges in election jurisdictions
21 using paper ballots. The number of the teams shall be
22 determined by the election authority. Each team shall
23 consist of 5 tally judges, 3 selected and approved by the
24 county board from a certified list furnished by the
25 chairman of the county central committee of the party
26 with the majority of members on the county board and 2
27 selected and approved by the county board from a
28 certified list furnished by the chairman of the county
29 central committee of the party with the second largest
30 number of members on the county board. At the central
31 counting location a team of tally judges shall open the
32 ballot box and canvass the votes polled to determine that
33 the number of ballot sheets therein agree with the number
34 of voters voting as shown by the applications for ballot
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1 and for absentee ballot; and, if the same do not agree,
2 the tally judges shall make such ballots agree with the
3 number of applications for ballot in the manner provided
4 by Section 17-18 of this Code. The tally judges shall
5 then examine all ballot sheets that are in the ballot box
6 to determine whether they bear the initials of the
7 precinct judge of election. If any ballot is not
8 initialed, it shall be marked on the back "Defective",
9 initialed as to that label by all tally judges
10 immediately under the word "Defective", and not counted,
11 but placed in the envelope provided for that purpose
12 labeled "Defective Ballots Envelope". Write-in votes,
13 not causing an overvote for an office otherwise voted for
14 on the absentee ballot sheet, and otherwise properly
15 voted, shall be counted, tallied, and recorded by the
16 central counting location judges on the tally sheet
17 provided for the record. A write-in vote causing an
18 overvote for an office shall not be counted for that
19 office, but the tally judges shall mark the absentee
20 ballot sheet "Objected To" and write the manner in which
21 the ballot is counted on its back and initial the sheet.
22 An overvote for one office shall invalidate only the vote
23 or count for that particular office.
24 At the central counting location, a team of tally
25 judges designated by the election official in charge of
26 the election shall deliver the ballot sheets to the
27 technicians operating the automatic Precinct Tabulation
28 Optical Scan Technology tabulating equipment. Any
29 discrepancies between the number of ballots and total
30 number of voters shall be noted on a sheet furnished for
31 that purpose and signed by the tally judges.
32 (b) Regardless of which procedure described in
33 subsection (a) of this Section is used, the judges of
34 election designated to transport the ballots properly signed
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1 and sealed, shall ensure that the ballots are delivered to
2 the central counting station no later than 12 hours after the
3 polls close. At the central counting station, a team of
4 tally judges designated by the election official in charge of
5 the election shall examine the ballots so transported and
6 shall not accept ballots for tabulating which are not signed
7 and sealed as provided in subsection (a) of this Section
8 until the judges transporting the ballots make and sign the
9 necessary corrections. Upon acceptance of the ballots by a
10 team of tally judges at the central counting station, the
11 election judges transporting the ballots shall take a receipt
12 signed by the election official in charge of the election and
13 stamped with the date and time of acceptance. The election
14 judges whose duty it is to transport any ballots shall, in
15 the event the ballots cannot be found when needed, on proper
16 request, produce the receipt which they are to take as above
17 provided.
18 (Source: P.A. 89-394, eff. 1-1-97.)
19 (10 ILCS 5/24B-10.1)
20 Sec. 24B-10.1. In-Precinct Counting Equipment;
21 Procedures for Counting and Tallying Ballots. In an election
22 jurisdiction where Precinct Tabulation Optical Scan
23 Technology counting equipment is used, the following
24 procedures for counting and tallying the ballots shall apply:
25 Before the opening of the polls, and before the ballots
26 are entered into the automatic tabulating equipment, the
27 judges of election shall be sure that the totals are all
28 zeros in the counting column. Ballots may then be counted by
29 entering or scanning each ballot into the automatic
30 tabulating equipment. Throughout the election day and before
31 the closing of the polls, no person may check any vote totals
32 for any candidate or proposition on the automatic tabulating
33 equipment. Such automatic tabulating equipment shall be
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1 programmed so that no person may reset the equipment for
2 refeeding of ballots unless provided a code from an
3 authorized representative of the election authority. At the
4 option of the election authority, the ballots may be fed into
5 the Precinct Tabulation Optical Scan Technology equipment by
6 the voters under the direct supervision of the judges of
7 elections.
8 Immediately after the closing of the polls, the absentee
9 ballots delivered to the precinct judges of election by the
10 election authority shall be examined to determine that the
11 ballots comply with Sections 19-9 and 20-9 of this Code and
12 are entitled to be scanned by the Precinct Tabulation Optical
13 Scan Technology equipment and then deposited in the ballot
14 box; those entitled to be scanned and deposited in the ballot
15 box shall be initialed by the precinct judges of election and
16 then scanned and deposited in the ballot box. Those not
17 entitled to be deposited in the ballot box shall be marked
18 "Rejected" and disposed of as provided in said Sections 19-9
19 and 20-9.
20 The precinct judges of election shall open the ballot box
21 and count the number of ballots to determine if the number
22 agrees with the number of voters voting as shown on the
23 Precinct Tabulation Optical Scan Technology equipment and by
24 the applications for ballot or, if the same do not agree, the
25 judges of election shall make the ballots agree with the
26 applications for ballot in the manner provided by Section
27 17-18 of this Code. The judges of election shall then
28 examine all ballots which are in the ballot box to determine
29 whether the ballots contain the initials of a precinct judge
30 of election. If any ballot is not initialed, it shall be
31 marked on the back "Defective", initialed as to such label by
32 all judges immediately under the word "Defective" and not
33 counted. The judges of election shall place an initialed
34 blank official ballot in the place of the defective ballot,
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1 so that the count of the ballots to be counted on the
2 automatic tabulating equipment will be the same, and each
3 "Defective Ballot" and "Replacement" ballot shall contain the
4 same serial number which shall be placed thereon by the
5 judges of election, beginning with number 1 and continuing
6 consecutively for the ballots of that kind in that precinct.
7 The original "Defective" ballot shall be placed in the
8 "Defective Ballot Envelope" provided for that purpose.
9 If the judges of election have removed a ballot pursuant
10 to Section 17-18, have labeled "Defective" a ballot which is
11 not initialed, or have otherwise determined under this Code
12 to not count a ballot originally deposited into a ballot box,
13 the judges of election shall be sure that the totals on the
14 automatic tabulating equipment are reset to all zeros in the
15 counting column. Thereafter the judges of election shall
16 enter or otherwise scan each ballot to be counted in the
17 automatic tabulating equipment. Resetting the automatic
18 tabulating equipment to all zeros and re-entering of ballots
19 to be counted may occur at the precinct polling place, the
20 office of the election authority, or any receiving station
21 designated by the election authority. The election authority
22 shall designate the place for resetting and re-entering or
23 re-scanning.
24 When a Precinct Tabulation Optical Scan Technology
25 electronic voting system is used which uses a paper ballot,
26 the judges of election shall examine the ballot for write-in
27 votes. When the voter has cast a write-in vote, the judges
28 of election shall compare the write-in vote with the votes on
29 the ballot to determine whether the write-in results in an
30 overvote for any office, unless the Precinct Tabulation
31 Optical Scan Technology equipment has already done so. In
32 case of an overvote for any office, the judges of election,
33 consisting in each case of at least one judge of election of
34 each of the 2 major political parties, shall make a true
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1 duplicate ballot of all votes on such ballot except for the
2 office which is overvoted, by using the ballot of the
3 precinct and one of the marking devices, or equivalent
4 ballot, of the precinct so as to transfer all votes of the
5 voter, except for the office overvoted, to a duplicate
6 ballot. The original ballot upon which there is an overvote
7 shall be clearly labeled "Overvoted Ballot", and each such
8 "Overvoted Ballot" as well as its "Replacement" shall contain
9 the same serial number which shall be placed thereon by the
10 judges of election, beginning with number 1 and continuing
11 consecutively for the ballots of that kind in that precinct.
12 The "Overvoted Ballot" shall be placed in an envelope
13 provided for that purpose labeled "Duplicate Ballot"
14 envelope, and the judges of election shall initial the
15 "Replacement" ballots and shall place them with the other
16 ballots to be counted on the automatic tabulating equipment.
17 If any ballot is damaged or defective, or if any ballot
18 contains a Voting Defect, so that it cannot properly be
19 counted by the automatic tabulating equipment, the voter or
20 the judges of election, consisting in each case of at least
21 one judge of election of each of the 2 major political
22 parties, shall make a true duplicate ballot of all votes on
23 such ballot by using the ballot of the precinct and one of
24 the marking devices of the precinct, or equivalent. If a
25 damaged ballot, the original ballot shall be clearly labeled
26 "Damaged Ballot" and the ballot so produced shall be clearly
27 labeled "Damaged Ballot" and the ballot so produced shall be
28 clearly labeled "Duplicate Damaged Ballot", and each shall
29 contain the same serial number which shall be placed by the
30 judges of election, beginning with number 1 and continuing
31 consecutively for the ballots of that kind in the precinct.
32 The judges of election shall initial the "Duplicate Damaged
33 Ballot" ballot and shall enter or otherwise scan the
34 duplicate damaged ballot into the automatic tabulating
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1 equipment. The "Damaged Ballots" shall be placed in the
2 "Duplicated Ballots" envelope; after all ballots have been
3 successfully read, the judges of election shall check to make
4 certain that the Precinct Tabulation Optical Scan Technology
5 equipment readout agrees with the number of voters making
6 application for ballot in that precinct. The number shall be
7 listed on the "Statement of Ballots" form provided by the
8 election authority.
9 The totals for all candidates and propositions shall be
10 tabulated; and 4 copies of a "Certificate of Results" shall
11 be generated by the automatic tabulating equipment; one copy
12 shall be posted in a conspicuous place inside the polling
13 place; and every effort shall be made by the judges of
14 election to provide a copy for each authorized pollwatcher or
15 other official authorized to be present in the polling place
16 to observe the counting of ballots; but in no case shall the
17 number of copies to be made available to pollwatchers be
18 fewer than 4, chosen by lot by the judges of election. In
19 addition, sufficient time shall be provided by the judges of
20 election to the pollwatchers to allow them to copy
21 information from the copy which has been posted.
22 The judges of election shall count all unused ballots and
23 enter the number on the "Statement of Ballots". All
24 "Spoiled", "Defective" and "Duplicated" ballots shall be
25 counted and the number entered on the "Statement of Ballots".
26 The precinct judges of election shall select a
27 bi-partisan team of 2 judges, who shall immediately return
28 the ballots in a sealed container, along with all other
29 election materials as instructed by the election authority;
30 provided, however, that such container must first be sealed
31 by the election judges with filament tape or other approved
32 sealing devices provided for the purpose which shall be
33 wrapped around the container lengthwise and crosswise, at
34 least twice each way, in a manner that the ballots cannot be
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1 removed from the container without breaking the seal and
2 filament tape and disturbing any signatures affixed by the
3 election judges to the container, or which other approved
4 sealing devices are affixed in a manner approved by the
5 election authority. The election authority shall keep the
6 office of the election authority or any receiving stations
7 designated by the authority, open for at least 12 consecutive
8 hours after the polls close or until the ballots from all
9 precincts with in-precinct counting equipment within the
10 jurisdiction of the election authority have been returned to
11 the election authority. Ballots returned to the office of
12 the election authority which are not signed and sealed as
13 required by law shall not be accepted by the election
14 authority until the judges returning the ballots make and
15 sign the necessary corrections. Upon acceptance of the
16 ballots by the election authority, the judges returning the
17 ballots shall take a receipt signed by the election authority
18 and stamped with the time and date of the return. The
19 election judges whose duty it is to return any ballots as
20 provided shall, in the event the ballots cannot be found when
21 needed, on proper request, produce the receipt which they are
22 to take as above provided. The precinct judges of election
23 shall also deliver the Precinct Tabulation Optical Scan
24 Technology equipment to the election authority.
25 (Source: P.A. 89-394, eff. 1-1-97.)
26 (10 ILCS 5/24B-15)
27 Sec. 24B-15. Official Return of Precinct; Check of
28 Totals; Retabulation. The precinct return printed by the
29 automatic Precinct Tabulation Optical Scan Technology
30 tabulating equipment shall include the number of ballots cast
31 and votes cast for each candidate and proposition and shall
32 constitute the official return of each precinct. In
33 addition to the precinct return, the election authority shall
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1 provide the number of applications for ballots in each
2 precinct, the write-in votes, the total number of ballots
3 counted in each precinct for each political subdivision and
4 district and the number of registered voters in each
5 precinct. However, the election authority shall check the
6 totals shown by the precinct return and, if there is an
7 obvious discrepancy regarding the total number of votes cast
8 in any precinct, shall have the ballots for that precinct
9 retabulated to correct the return. The procedures for
10 retabulation shall apply prior to and after the proclamation
11 is completed; however, after the proclamation of results, the
12 election authority must obtain a court order to unseal voted
13 ballots except for election contests and discovery recounts.
14 In those election jurisdictions that use in-precinct counting
15 equipment, the certificate of results, which has been
16 prepared by the judges of election in the polling place after
17 the ballots have been tabulated, shall be the document used
18 for the canvass of votes for such precinct. Whenever a
19 discrepancy exists during the canvass of votes between the
20 unofficial results and the certificate of results, or
21 whenever a discrepancy exists during the canvass of votes
22 between the certificate of results and the set of totals
23 which has been affixed to the certificate of results, the
24 ballots for that precinct shall be retabulated to correct the
25 return. As an additional part of this check prior to the
26 proclamation, in those jurisdictions where in-precinct
27 counting equipment is used, the election authority shall
28 retabulate the total number of votes cast in 5% of the
29 precincts within the election jurisdiction. The precincts to
30 be retabulated shall be selected after election day on a
31 random basis by the election authority, so that every
32 precinct in the election jurisdiction has an equal
33 mathematical chance of being selected. The State Board of
34 Elections shall design a standard and scientific random
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1 method of selecting the precincts which are to be
2 retabulated, and the election authority shall be required to
3 use that method. The State Board of Elections, the State's
4 Attorney and other appropriate law enforcement agencies, the
5 county chairman of each established political party and
6 qualified civic organizations shall be given prior written
7 notice of the time and place of the random selection
8 procedure and may be represented at the procedure. The
9 retabulation shall consist of counting the ballots which were
10 originally counted and shall not involve any determination of
11 which ballots were, in fact, properly counted. The ballots
12 from the precincts selected for the retabulation shall remain
13 at all times under the custody and control of the election
14 authority and shall be transported and retabulated by the
15 designated staff of the election authority.
16 As part of the retabulation, the election authority shall
17 test the computer program in the selected precincts. The
18 test shall be conducted by processing a preaudited group of
19 ballots marked to record a predetermined number of valid
20 votes for each candidate and on each public question, and
21 shall include for each office one or more ballots which have
22 votes in excess of the number allowed by law to test the
23 ability of the equipment and the marking device to reject
24 such votes. If any error is detected, the cause shall be
25 determined and corrected, and an errorless count shall be
26 made prior to the official canvass and proclamation of
27 election results.
28 The State Board of Elections, the State's Attorney and
29 other appropriate law enforcement agencies, the county
30 chairman of each established political party and qualified
31 civic organizations shall be given prior written notice of
32 the time and place of the retabulation and may be represented
33 at the retabulation.
34 The results of this retabulation shall be treated in the
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1 same manner and have the same effect as the results of the
2 discovery procedures set forth in Section 22-9.1 of this
3 Code. Upon completion of the retabulation, the election
4 authority shall print a comparison of the results of the
5 retabulation with the original precinct return printed by the
6 automatic tabulating equipment. The comparison shall be done
7 for each precinct and for each office voted upon within that
8 precinct, and the comparisons shall be open to the public.
9 Upon completion of the retabulation, the returns shall be
10 open to the public.
11 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
12 (10 ILCS 5/24B-18)
13 Sec. 24B-18. Specimen Ballots; Publication. When an
14 electronic Precinct Tabulation Optical Scan Technology voting
15 system is used, the election authority shall cause to be
16 published, at least 5 days before the day of each general and
17 general primary election, in 2 or more newspapers published
18 in and having a general circulation in the county, a true and
19 legible copy of the specimen ballot containing the names of
20 offices and candidates and statements of measures to be voted
21 on, as near as may be, in the form in which they will appear
22 on the official ballot on election day. A true legible copy
23 may be in the form of an actual size ballot and shall be
24 published as required by this Section if distributed in 2 or
25 more newspapers published and having a general circulation in
26 the county as an insert. For each election prescribed in
27 Article 2A of this Code, specimen ballots shall be made
28 available for public distribution and shall be supplied to
29 the judges of election for posting in the polling place on
30 the day of election. Notice for the nonpartisan and
31 consolidated elections shall be given as provided in Article
32 12.
33 (Source: P.A. 89-394, eff. 1-1-97.)
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1 Section 10. The State Finance Act is amended by adding
2 Section 5.595 as follows:
3 (30 ILCS 105/5.595 new)
4 Sec. 5.595. The Help Illinois Vote Fund.
5 Section 15. The School Code is amended by changing
6 Section 22-21 as follows:
7 (105 ILCS 5/22-21) (from Ch. 122, par. 22-21)
8 Sec. 22-21. Elections-Use of school buildings.
9 (a) Every school board shall offer to the appropriate
10 officer or board having responsibility for providing polling
11 places for elections the use of any and all buildings under
12 its jurisdiction for any and all elections to be held, if so
13 requested by such appropriate officer or board.
14 (b) Election officers shall place 2 or more cones, small
15 United States national flags, or some other marker a distance
16 of 100 horizontal feet from each entrance to the room used by
17 voters to engage in voting, which shall be known as the
18 polling room. If the polling room is located within a public
19 or private school building and the distance of 100 horizontal
20 feet ends within the interior of the public or private school
21 building, then the markers shall be placed outside of the
22 public or private school building at each entrance used by
23 voters to enter that building on the grounds adjacent to the
24 thoroughfare or walkway. If the polling room is located
25 within a public or private building with 2 or more floors and
26 the polling room is located on the ground floor, then the
27 markers shall be placed 100 horizontal feet from each
28 entrance to the polling room used by voters to engage in
29 voting. If the polling room is located in a public or private
30 building with 2 or more floors and the polling room is
31 located on a floor above or below the ground floor, then the
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1 markers shall be placed a distance of 100 feet from the
2 nearest elevator or staircase used by voters on the ground
3 floor to access the floor where the polling room is located.
4 The area within where the markers are placed shall be known
5 as a campaign free zone, and electioneering is prohibited
6 pursuant to this subsection.
7 Notwithstanding any other provision of this Code, the
8 area on polling place property beyond the campaign free zone,
9 whether publicly or privately owned, is a public forum for
10 the time that the polls are open on an election day. At the
11 request of election officers any publicly owned building must
12 be made available for use as a polling place. A person shall
13 have the right to congregate and engage in electioneering on
14 any polling place property while the polls are open beyond
15 the campaign free zone, including but not limited to, the
16 placement of temporary signs. This subsection shall be
17 construed liberally in favor of persons engaging in
18 electioneering on all polling place property beyond the
19 campaign free zone for the time that the polls are open on an
20 election day.
21 (Source: Laws 1965, p. 2477.).
22 Section 90. The State Mandates Act is amended by adding
23 Section 8.27 as follows:
24 (30 ILCS 805/8.27 new)
25 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
26 and 8 of this Act, no reimbursement by the State is required
27 for the implementation of any mandate created by this
28 amendatory Act of the 93rd General Assembly.
29 Section 99. Effective date. This Act takes effect upon
30 becoming law.".