Full Text of HB4173 94th General Assembly
HB4173enr 94TH GENERAL ASSEMBLY
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HB4173 Enrolled |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-10.2, 7-17, 8-8.1, 10-5.1, and 16-3 as follows:
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| (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
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| Sec. 7-10.2. In the designation of the name of a candidate | 8 |
| on a petition for
nomination or certificate of nomination the | 9 |
| candidate's given name or
names, initial or initials, a | 10 |
| nickname by which the candidate is
commonly known, or a | 11 |
| combination thereof, may be used in addition to the
candidate's | 12 |
| surname. If a candidate has changed his or her name, whether by | 13 |
| a statutory or common law procedure in Illinois or any other | 14 |
| jurisdiction, within 3 years before the last day for filing the | 15 |
| petition or certificate for that office, whichever is | 16 |
| applicable, then (i) the candidate's name on the petition or | 17 |
| certificate must be followed by "formerly known as (list all | 18 |
| prior names during the 3-year period) until name changed on | 19 |
| (list date of each such name change)" and (ii) the petition or | 20 |
| certificate must be accompanied by the candidate's affidavit | 21 |
| stating the candidate's previous names during the period | 22 |
| specified in (i) and the date or dates each of those names was | 23 |
| changed; failure to meet these requirements shall be grounds | 24 |
| for denying certification of the candidate's name for the | 25 |
| ballot or removing the candidate's name from the ballot, as | 26 |
| appropriate, but these requirements do not apply to name | 27 |
| changes resulting from adoption to assume an adoptive parent's | 28 |
| or parents' surname, marriage to assume a spouse's surname, or | 29 |
| dissolution of marriage or declaration of invalidity of | 30 |
| marriage to assume a former surname. No other designation such | 31 |
| as a political slogan, as
defined by Section 7-17, title or | 32 |
| degree, or
nickname suggesting or implying possession of a |
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| title, degree or professional
status, or similar information | 2 |
| may be used in connection with the candidate's
surname , except | 3 |
| that the title "Mrs." may be used in the case of a
married | 4 |
| woman .
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| (Source: P.A. 93-574, eff. 8-21-03.)
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| (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
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| Sec. 7-17. Candidate ballot name procedures.
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| (a) Each election authority in each county shall cause to | 9 |
| be
printed upon the general primary ballot of each party for | 10 |
| each precinct
in his jurisdiction the name of each candidate | 11 |
| whose petition for
nomination or for committeeman has been | 12 |
| filed in the office of the
county clerk, as herein provided; | 13 |
| and also the name of each candidate
whose name has been | 14 |
| certified to his office by the State Board of
Elections, and in | 15 |
| the order so certified, except as hereinafter
provided.
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| It shall be the duty of the election authority to cause to | 17 |
| be printed
upon the consolidated primary ballot of each | 18 |
| political party for each
precinct in his jurisdiction the name | 19 |
| of each candidate whose name has
been certified to him, as | 20 |
| herein provided and which is to be voted for
in such precinct.
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| (b) In the designation of the name of a candidate on the | 22 |
| primary ballot
the candidate's given name or names, initial or | 23 |
| initials, a nickname by
which the candidate is commonly known, | 24 |
| or a combination thereof, may be
used in addition to the | 25 |
| candidate's surname. If a candidate has changed his or her | 26 |
| name, whether by a statutory or common law procedure in | 27 |
| Illinois or any other jurisdiction, within 3 years before the | 28 |
| last day for filing the petition for nomination, nomination | 29 |
| papers, or certificate of nomination for that office, whichever | 30 |
| is applicable, then (i) the candidate's name on the primary | 31 |
| ballot must be followed by "formerly known as (list all prior | 32 |
| names during the 3-year period) until name changed on (list | 33 |
| date of each such name change)" and (ii) the petition, papers, | 34 |
| or certificate must be accompanied by the candidate's affidavit | 35 |
| stating the candidate's previous names during the period |
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| specified in (i) and the date or dates each of those names was | 2 |
| changed; failure to meet these requirements shall be grounds | 3 |
| for denying certification of the candidate's name for the | 4 |
| ballot or removing the candidate's name from the ballot, as | 5 |
| appropriate, but these requirements do not apply to name | 6 |
| changes resulting from adoption to assume an adoptive parent's | 7 |
| or parents' surname, marriage to assume a spouse's surname, or | 8 |
| dissolution of marriage or declaration of invalidity of | 9 |
| marriage to assume a former surname. No other designation such
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| as a political slogan, title, or degree, or nickname suggesting | 11 |
| or
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 the
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| candidate may espouse, including but not limited to, any word | 18 |
| or words
conveying any meaning other than that of the personal | 19 |
| identity of the
candidate. A
candidate may not use a political | 20 |
| slogan as part of his or her name on the
ballot, | 21 |
| notwithstanding that the political slogan may be part of the
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| candidate's name.
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| (c) The State Board of Elections, a local election | 24 |
| official, or an election
authority shall remove any candidate's | 25 |
| name designation from a ballot that is
inconsistent with | 26 |
| subsection (b) of this Section. In addition, the State Board
of | 27 |
| Elections, a local election official, or an election authority | 28 |
| shall not
certify to any election authority any candidate name | 29 |
| designation that is
inconsistent with subsection (b) of this | 30 |
| Section.
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| (d) 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 (c) of this Section, | 34 |
| then the aggrieved candidate may
seek appropriate relief in | 35 |
| circuit court.
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| (Source: P.A. 93-574, eff. 8-21-03.)
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| (10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
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| Sec. 8-8.1. In the designation of the name of a candidate | 3 |
| on a petition for
nomination, the candidate's given name or | 4 |
| names, initial or initials, a
nickname by which the candidate | 5 |
| is commonly known, or a combination
thereof, may be used in | 6 |
| addition to the candidate's surname. If a candidate has changed | 7 |
| his or her name, whether by a statutory or common law procedure | 8 |
| in Illinois or any other jurisdiction, within 3 years before | 9 |
| the last day for filing the petition for that office, then (i) | 10 |
| the candidate's name on the petition must be followed by | 11 |
| "formerly known as (list all prior names during the 3-year | 12 |
| period) until name changed on (list date of each such name | 13 |
| change)" and (ii) the petition must be accompanied by the | 14 |
| candidate's affidavit stating the candidate's previous names | 15 |
| during the period specified in (i) and the date or dates each | 16 |
| of those names was changed; failure to meet these requirements | 17 |
| shall be grounds for denying certification of the candidate's | 18 |
| name for the ballot or removing the candidate's name from the | 19 |
| ballot, as appropriate, but these requirements do not apply to | 20 |
| name changes resulting from adoption to assume an adoptive | 21 |
| parent's or parents' surname, marriage to assume a spouse's | 22 |
| surname, or dissolution of marriage or declaration of | 23 |
| invalidity of marriage to assume a former surname. No other
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| designation such as a political slogan, title, or degree, or | 25 |
| nickname
suggesting or implying
possession of a title, degree | 26 |
| or professional status, or similar information
may be used
in | 27 |
| connection with the candidate's surname , except that the title | 28 |
| "Mrs."
may be used in the case of a married woman .
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| (Source: P.A. 93-574, eff. 8-21-03.)
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| (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
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| Sec. 10-5.1. In the designation of the name of a candidate | 32 |
| on a certificate of
nomination or nomination papers the | 33 |
| candidate's given name or names,
initial or initials, a | 34 |
| nickname by which the candidate is commonly
known, or a |
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HB4173 Enrolled |
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| combination thereof, may be used in addition to the
candidate's | 2 |
| surname. If a candidate has changed his or her name, whether by | 3 |
| a statutory or common law procedure in Illinois or any other | 4 |
| jurisdiction, within 3 years before the last day for filing the | 5 |
| certificate of nomination or nomination papers for that office, | 6 |
| whichever is applicable, then (i) the candidate's name on the | 7 |
| certificate or papers must be followed by "formerly known as | 8 |
| (list all prior names during the 3-year period) until name | 9 |
| changed on (list date of each such name change)" and (ii) the | 10 |
| certificate or paper must be accompanied by the candidate's | 11 |
| affidavit stating the candidate's previous names during the | 12 |
| period specified in (i) and the date or dates each of those | 13 |
| names was changed; failure to meet these requirements shall be | 14 |
| grounds for denying certification of the candidate's name for | 15 |
| the ballot or removing the candidate's name from the ballot, as | 16 |
| appropriate, but these requirements do not apply to name | 17 |
| changes resulting from adoption to assume an adoptive parent's | 18 |
| or parents' surname, marriage to assume a spouse's surname, or | 19 |
| dissolution of marriage or declaration of invalidity of | 20 |
| marriage to assume a former surname. No other designation such | 21 |
| as a political slogan,
title, or
degree, or
nickname suggesting | 22 |
| or implying possession of a title, degree or professional
| 23 |
| status, or
similar information may be used in connection with | 24 |
| the candidate's
surname , except that the title "Mrs." may be | 25 |
| used in the case of a
married woman .
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| (Source: P.A. 93-574, eff. 8-21-03.)
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| (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
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| Sec. 16-3. (a) The names of all candidates to be voted for | 29 |
| in each
election district or precinct shall be printed on one | 30 |
| ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | 31 |
| this Act and except as otherwise
provided in this Act with | 32 |
| respect to the odd year regular elections and
the emergency | 33 |
| referenda; all nominations
of any political party being placed | 34 |
| under the party appellation or title
of such party as | 35 |
| designated in the certificates of nomination or
petitions. The |
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| names of all independent candidates shall be printed upon
the | 2 |
| ballot in a column or columns under the heading "independent"
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| arranged under the names or titles of the respective offices | 4 |
| for which
such independent candidates shall have been nominated | 5 |
| and so far as
practicable, the name or names of any independent | 6 |
| candidate or
candidates for any office shall be printed upon | 7 |
| the ballot opposite the
name or names of any candidate or | 8 |
| candidates for the same office
contained in any party column or | 9 |
| columns upon said ballot. The ballot
shall contain no other | 10 |
| names, except that in cases of electors for
President and | 11 |
| Vice-President of the United States, the names of the
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| candidates for President and Vice-President may be added to the | 13 |
| party
designation and words calculated to aid the voter in his | 14 |
| choice of candidates
may be added, such as "Vote for one," | 15 |
| "Vote for three." When an electronic
voting system is used | 16 |
| which utilizes a ballot label booklet, the candidates
and | 17 |
| questions shall appear on the pages of such booklet in the | 18 |
| order
provided by this Code; and, in any case where candidates | 19 |
| for an office
appear on a page which does not contain the name | 20 |
| of any candidate for
another office, and where less than 50% of | 21 |
| the page is utilized, the name of
no candidate shall be printed | 22 |
| on the lowest 25% of such page. On the back or
outside of the | 23 |
| ballot, so as to appear when folded, shall be printed the words
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| "Official Ballot", followed by the designation of the polling | 25 |
| place for
which the ballot is prepared, the date of the | 26 |
| election and a facsimile
of the signature of the election | 27 |
| authority who has caused the ballots to
be printed. The ballots | 28 |
| shall be of plain white paper, through which the
printing or | 29 |
| writing cannot be read. However, ballots for use at the
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| nonpartisan and consolidated elections may be printed on | 31 |
| different color
paper, except blue paper, whenever necessary or | 32 |
| desirable to facilitate
distinguishing between ballots for | 33 |
| different political subdivisions. In
the case of nonpartisan | 34 |
| elections for officers of a political
subdivision, unless the | 35 |
| statute or an ordinance adopted pursuant to
Article VII of the | 36 |
| Constitution providing the form of government
therefor |
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| requires otherwise, the column listing such nonpartisan
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| candidates shall be printed with no appellation or circle at | 3 |
| its head.
The party appellation or title, or the word | 4 |
| "independent" at the head of
any column provided for | 5 |
| independent candidates, shall be printed in letters not less | 6 |
| than one-fourth of an inch in height
and a
circle one-half inch | 7 |
| in diameter shall be printed at the beginning of
the line in | 8 |
| which such appellation or title is printed, provided,
however, | 9 |
| that no such circle shall be printed at the head of any column
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| or columns provided for such independent candidates. The names | 11 |
| of
candidates shall be printed in letters not less than | 12 |
| one-eighth
nor more than one-fourth of an inch in height, and | 13 |
| at the beginning of
each line in which a name of a candidate is | 14 |
| printed a square shall be
printed, the sides of which shall be | 15 |
| not less than one-fourth of an inch
in length. However, the | 16 |
| names of the candidates for Governor and
Lieutenant Governor on | 17 |
| the same ticket shall be printed within a bracket
and a single | 18 |
| square shall be printed in front of the bracket. The list
of | 19 |
| candidates of the several parties and any such list of | 20 |
| independent
candidates shall be placed in separate columns on | 21 |
| the ballot in such
order as the election authorities charged | 22 |
| with the printing of the
ballots shall decide; provided, that | 23 |
| the names of the candidates of the
several political parties, | 24 |
| certified by the State Board of Elections to
the several county | 25 |
| clerks shall be printed by the county clerk of the
proper | 26 |
| county on the official ballot in the order certified by the | 27 |
| State
Board of Elections. Any county clerk refusing, neglecting | 28 |
| or failing to
print on the official ballot the names of | 29 |
| candidates of the several
political parties in the order | 30 |
| certified by the State Board of
Elections, and any county clerk | 31 |
| who prints or causes to be printed upon
the official ballot the | 32 |
| name of a candidate, for an office to be filled
by the Electors | 33 |
| of the entire State, whose name has not been duly
certified to | 34 |
| him upon a certificate signed by the State Board of
Elections | 35 |
| shall be guilty of a Class C misdemeanor.
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| (b) When an electronic voting system is used which utilizes |
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| a ballot
card,
on the inside flap of each ballot card envelope | 2 |
| there shall be printed
a form for write-in voting which shall | 3 |
| be substantially as follows:
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| WRITE-IN VOTES
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| (See card of instructions for specific information. | 6 |
| Duplicate form below
by hand for additional write-in votes.)
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| _____________________________
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| Title of Office
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| ( ) ____________________________
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| Name of Candidate
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| (c) When an electronic voting system is used which uses a | 12 |
| ballot sheet,
the
instructions to voters on the ballot sheet | 13 |
| shall refer the voter to the
card of instructions for specific | 14 |
| information on write-in voting. Below
each office appearing on | 15 |
| such ballot sheet there shall be a provision for
the casting of | 16 |
| a write-in vote.
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| (d) When such electronic system is used, there shall be | 18 |
| printed on the
back of each ballot card, each ballot card | 19 |
| envelope, and
the first page of the ballot label when a ballot | 20 |
| label is used, the
words "Official Ballot," followed by the | 21 |
| number of the
precinct or other precinct identification, which | 22 |
| may be stamped, in lieu
thereof and, as applicable, the number | 23 |
| and name of the township, ward
or other election district for | 24 |
| which the ballot card, ballot card
envelope, and ballot label | 25 |
| are prepared, the date of the election and a
facsimile of the | 26 |
| signature of the election authority who has caused the
ballots | 27 |
| to be printed. The back of the ballot card shall also include
a | 28 |
| method of identifying the ballot configuration such as a | 29 |
| listing of the
political subdivisions and districts for which | 30 |
| votes may be cast on that
ballot, or a number code identifying | 31 |
| the ballot configuration or color coded
ballots, except that | 32 |
| where there is only one ballot configuration in a
precinct, the | 33 |
| precinct identification, and any applicable ward
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| identification, shall be sufficient. Ballot card envelopes | 35 |
| used in punch
card systems shall be of paper through which no | 36 |
| writing or punches may be
discerned and shall be of sufficient |
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| length to enclose all voting
positions. However, the election | 2 |
| authority may provide
ballot card envelopes on which no | 3 |
| precinct number or township, ward or
other election district | 4 |
| designation, or election date are preprinted, if
space and a | 5 |
| preprinted form are provided below the space provided for
the | 6 |
| names of write-in candidates where such information may be | 7 |
| entered
by the judges of election. Whenever an election | 8 |
| authority utilizes
ballot card envelopes on which the election | 9 |
| date and precinct is not
preprinted, a judge of election shall | 10 |
| mark such information for the
particular precinct and election | 11 |
| on the envelope in ink before tallying
and counting any | 12 |
| write-in vote written thereon.
If some method of insuring | 13 |
| ballot secrecy other than an envelope is used,
such information | 14 |
| must be provided on the ballot itself.
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| (e) In the designation of the name of a candidate on the | 16 |
| ballot, the
candidate's given name or names, initial or | 17 |
| initials, a nickname by
which the candidate is commonly known, | 18 |
| or a combination thereof, may be
used in addition to the | 19 |
| candidate's surname. If a candidate has changed his or her | 20 |
| name, whether by a statutory or common law procedure in | 21 |
| Illinois or any other jurisdiction, within 3 years before the | 22 |
| last day for filing the petition for nomination, nomination | 23 |
| papers, or certificate of nomination for that office, whichever | 24 |
| is applicable, then (i) the candidate's name on the ballot must | 25 |
| be followed by "formerly known as (list all prior names during | 26 |
| the 3-year period) until name changed on (list date of each | 27 |
| such name change)" and (ii) the petition, papers, or | 28 |
| certificate must be accompanied by the candidate's affidavit | 29 |
| stating the candidate's previous names during the period | 30 |
| specified in (i) and the date or dates each of those names was | 31 |
| changed; failure to meet these requirements shall be grounds | 32 |
| for denying certification of the candidate's name for the | 33 |
| ballot or removing the candidate's name from the ballot, as | 34 |
| appropriate, but these requirements do not apply to name | 35 |
| changes resulting from adoption to assume an adoptive parent's | 36 |
| or parents' surname, marriage to assume a spouse's surname, or |
|
|
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HB4173 Enrolled |
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LRB094 14863 JAM 49870 b |
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| 1 |
| dissolution of marriage or declaration of invalidity of | 2 |
| marriage to assume a former surname. No other designation such
| 3 |
| as a political slogan, title, or degree or nickname suggesting | 4 |
| or
implying possession of a
title, degree or professional | 5 |
| status, or similar information may be used
in connection with | 6 |
| the candidate's surname , except that the title "Mrs."
may be | 7 |
| used in the case of a married woman .
For purposes of this | 8 |
| Section, a "political slogan" is defined as any
word or words | 9 |
| expressing or connoting a position, opinion, or belief that the
| 10 |
| candidate may espouse, including but not limited to, any word | 11 |
| or words
conveying any meaning other than that of the personal | 12 |
| identity of the
candidate. A
candidate may not use a political | 13 |
| slogan as part of his or her name on the
ballot, | 14 |
| notwithstanding that the political slogan may be part of the
| 15 |
| candidate's name.
| 16 |
| (f) The State Board of Elections, a local election | 17 |
| official, or an
election
authority shall remove any candidate's | 18 |
| name designation from a ballot that is
inconsistent with | 19 |
| subsection (e) of this Section. In addition, the State Board
of | 20 |
| Elections, a local election official, or an election authority | 21 |
| shall not
certify to any election authority any candidate name | 22 |
| designation that is
inconsistent with subsection (e) of this | 23 |
| Section.
| 24 |
| (g) If the State Board of Elections, a local election | 25 |
| official, or an
election
authority removes a candidate's name | 26 |
| designation from a ballot under
subsection (f) of this Section, | 27 |
| then the aggrieved candidate may seek
appropriate relief in | 28 |
| circuit court.
| 29 |
| Where voting machines or electronic voting systems are | 30 |
| used, the
provisions of this Section may be modified as | 31 |
| required or authorized by
Article 24 or Article 24A, whichever | 32 |
| is applicable.
| 33 |
| Nothing in this Section shall prohibit election | 34 |
| authorities from using
or reusing ballot card envelopes which | 35 |
| were printed before the effective
date of this amendatory Act | 36 |
| of 1985.
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HB4173 Enrolled |
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LRB094 14863 JAM 49870 b |
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| (Source: P.A. 92-178, eff. 1-1-02; 93-574, eff. 8-21-03.)
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