Full Text of HB1619 95th General Assembly
HB1619ham001 95TH GENERAL ASSEMBLY
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Elections & Campaign Reform Committee
Adopted in House Comm. on Apr 18, 2007
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LRB095 08861 JAM 35055 a |
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| AMENDMENT TO HOUSE BILL 1619
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| AMENDMENT NO. ______. Amend House Bill 1619 on page 1, by | 3 |
| replacing lines 4 and 5 with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Sections 16-3, 17-16.1, 18-9.1, 19-8, and 20-8 as follows:"; | 6 |
| and | 7 |
| on page 15, by inserting below line 12 the following:
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| "(10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
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| Sec. 17-16.1. Write-in votes shall be counted only for | 10 |
| persons who have
filed notarized declarations of intent to be | 11 |
| write-in candidates with
the proper election authority or | 12 |
| authorities not later than 5:00 p.m. on
the
Tuesday immediately | 13 |
| preceding the election.
| 14 |
| Forms for the declaration of intent to be a write-in | 15 |
| candidate shall
be supplied by the election authorities. Such |
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09500HB1619ham001 |
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LRB095 08861 JAM 35055 a |
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| declaration shall specify
the office for which the person seeks | 2 |
| election as a write-in candidate.
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| The election authority or authorities shall deliver a list | 4 |
| of all persons
who have filed such declarations to the election | 5 |
| judges in the appropriate
precincts prior to the election.
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| A candidate for whom a nomination paper has been filed as a | 7 |
| partisan
candidate at a primary election, and who is defeated | 8 |
| for his or her
nomination at the primary election is ineligible | 9 |
| to file a declaration of
intent to be a write-in candidate for | 10 |
| election in that general or consolidated
election.
| 11 |
| A candidate seeking election to an office for which | 12 |
| candidates of
political parties are nominated by caucus who is | 13 |
| a participant in the
caucus and who is defeated for his or her | 14 |
| nomination at such caucus is
ineligible to file a declaration | 15 |
| of intent to be a write-in candidate for
election in that | 16 |
| general or consolidated election.
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| A candidate seeking election to an office for which | 18 |
| candidates are
nominated at a primary election on a nonpartisan | 19 |
| basis and who is defeated
for his or her nomination at the | 20 |
| primary election is ineligible to file a
declaration of intent | 21 |
| to be a write-in candidate for election in that
general or | 22 |
| consolidated election.
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| When a ballot is otherwise validly marked for a candidate | 24 |
| whose name is printed on the ballot, any write-in vote or votes | 25 |
| for that or any other candidate for that office shall be void | 26 |
| if counting the write-in vote or votes would result in the |
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| voter over-voting with respect to that office.
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| Nothing in this Section shall be construed to apply to | 3 |
| votes
cast under the provisions of subsection (b) of Section | 4 |
| 16-5.01.
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| (Source: P.A. 89-653, eff. 8-14-96.)
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| (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
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| Sec. 18-9.1. Write-in votes shall be counted only for | 8 |
| persons who have
filed notarized declarations of intent to be | 9 |
| write-in candidates with
the proper election authority or | 10 |
| authorities not later than 5:00 p.m. on
the
Tuesday immediately | 11 |
| preceding the election.
| 12 |
| Forms for the declaration of intent to be a write-in | 13 |
| candidate shall
be supplied by the election authorities. Such | 14 |
| declaration shall specify
the office for which the person seeks | 15 |
| election as a write-in candidate.
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| The election authority or authorities shall deliver a list | 17 |
| of all persons
who have filed such declarations to the election | 18 |
| judges in the appropriate
precincts prior to the election.
| 19 |
| A candidate for whom a nomination paper has been filed as a | 20 |
| partisan
candidate at a primary election, and who is defeated | 21 |
| for his or her
nomination at the primary election, is | 22 |
| ineligible to file a declaration of
intent to be a write-in | 23 |
| candidate for election in that general or
consolidated | 24 |
| election.
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| A candidate seeking election to an office for which |
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LRB095 08861 JAM 35055 a |
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| candidates of
political parties are nominated by caucus who is | 2 |
| a participant in the
caucus and who is defeated for his or her | 3 |
| nomination at such caucus is
ineligible to file a declaration | 4 |
| of intent to be a write-in candidate for
election in that | 5 |
| general or consolidated election.
| 6 |
| A candidate seeking election to an office for which | 7 |
| candidates are
nominated at a primary election on a nonpartisan | 8 |
| basis and who is defeated
for his or her nomination at the | 9 |
| primary election is ineligible to file a
declaration of intent | 10 |
| to be a write-in candidate for election in that
general or | 11 |
| consolidated election.
| 12 |
| When a ballot is otherwise validly marked for a candidate | 13 |
| whose name is printed on the ballot, any write-in vote or votes | 14 |
| for that or any other candidate for that office shall be void | 15 |
| if counting the write-in vote or votes would result in the | 16 |
| voter over-voting with respect to that office.
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| Nothing in this Section shall be construed to apply to | 18 |
| votes
cast under the provisions of subsection (b) of Section | 19 |
| 16-5.01.
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| (Source: P.A. 89-653, eff. 8-14-96.)
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| (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
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| Sec. 19-8. Time and place of counting ballots. | 23 |
| (a) (Blank.) | 24 |
| (b) Each absent voter's ballot returned to an election | 25 |
| authority, by any means authorized by this Article, and |
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| received by that election authority before the closing of the | 2 |
| polls on election day shall be endorsed by the receiving | 3 |
| election authority with the day and hour of receipt and shall | 4 |
| be counted in the central ballot counting location of the | 5 |
| election authority on the day of the election after 7:00 p.m., | 6 |
| except as provided in subsections (g) and (g-5).
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| (c) Each absent voter's ballot that is mailed to an | 8 |
| election authority and postmarked by the midnight preceding the | 9 |
| opening of the polls on election day, but that is received by | 10 |
| the election authority after the polls close on election day | 11 |
| and before the close of the period for counting provisional | 12 |
| ballots cast at that election, shall be endorsed by the | 13 |
| receiving authority with the day and hour of receipt and shall | 14 |
| be counted at the central ballot counting location of the | 15 |
| election authority during the period for counting provisional | 16 |
| ballots. | 17 |
| (d) Special write-in absentee voter's blank ballots | 18 |
| returned to an election authority, by any means authorized by | 19 |
| this Article, and received by the election authority at any | 20 |
| time before the closing of the polls on election day shall be | 21 |
| endorsed by the receiving election authority with the day and | 22 |
| hour of receipt and shall be counted at the central ballot | 23 |
| counting location of the election authority during the same | 24 |
| period provided for counting absent voters' ballots under | 25 |
| subsections (b), (g), and (g-5). Special write-in absentee | 26 |
| voter's blank ballots that are mailed to an election authority |
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| and postmarked by the midnight preceding the opening of the | 2 |
| polls on election day, but that are received by the election | 3 |
| authority after the polls close on election day and before the | 4 |
| closing of the period for counting provisional ballots cast at | 5 |
| that election, shall be endorsed by the receiving authority | 6 |
| with the day and hour of receipt and shall be counted at the | 7 |
| central ballot counting location of the election authority | 8 |
| during the same periods provided for counting absent voters' | 9 |
| ballots under subsection (c). | 10 |
| (e) Except as otherwise provided in this Section, absent | 11 |
| voters' ballots and special write-in absentee voter's blank | 12 |
| ballots received by the election authority after the closing of | 13 |
| the polls on an
election day shall be endorsed by the election | 14 |
| authority receiving them
with the day and hour of receipt and | 15 |
| shall be safely kept unopened by the
election authority for the | 16 |
| period of time required for the preservation of
ballots used at | 17 |
| the election, and shall then, without being opened, be
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| destroyed in like manner as the used ballots of that election.
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| (f) Counting required under this Section to begin on | 20 |
| election day after the closing of the polls shall commence no | 21 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 22 |
| panels of election judges appointed in the manner provided
by | 23 |
| law. The counting shall continue until all absent voters' | 24 |
| ballots and special write-in absentee voter's blank ballots | 25 |
| required to be counted on election day have been counted.
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| (g) The procedures set forth in Articles 17 and
18 of this |
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| Code shall apply to all ballots counted under
this Section. In | 2 |
| addition, within 2 days after an absentee ballot, other than an | 3 |
| in-person absentee ballot, is received, but in all cases before | 4 |
| the close of the period for counting provisional ballots, the | 5 |
| election judge or official shall compare the voter's signature | 6 |
| on the certification envelope of that absentee ballot with the | 7 |
| signature of the voter on file in the office of the election | 8 |
| authority. If the election judge or official determines that | 9 |
| the 2 signatures match, and that the absentee voter is | 10 |
| otherwise qualified to cast an absentee ballot, the election | 11 |
| authority shall cast and count the ballot on election day or | 12 |
| the day the ballot is determined to be valid, whichever is | 13 |
| later, adding the results to the precinct in which the voter is | 14 |
| registered. If the election judge or official determines that | 15 |
| the signatures do not match, or that the absentee voter is not | 16 |
| qualified to cast an absentee ballot, then without opening the | 17 |
| certification envelope, the judge or official shall mark across | 18 |
| the face of the certification envelope the word "Rejected" and | 19 |
| shall not cast or count the ballot. | 20 |
| In addition to the voter's signatures not matching, an | 21 |
| absentee ballot may be rejected by the election judge or | 22 |
| official: | 23 |
| (1) if the ballot envelope is open or has been opened | 24 |
| and resealed; | 25 |
| (2) if the voter has already cast an early or grace | 26 |
| period ballot; |
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| (3) if the voter voted in person on election day or the | 2 |
| voter is not a duly registered voter in the precinct; or | 3 |
| (4) on any other basis set forth in this Code. | 4 |
| If the election judge or official determines that any of | 5 |
| these reasons apply, the judge or official shall mark across | 6 |
| the face of the certification envelope the word "Rejected" and | 7 |
| shall not cast or count the ballot.
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| (g-5) If an absentee ballot, other than an in-person | 9 |
| absentee ballot, is rejected by the election judge or official | 10 |
| for any reason, the election authority shall, within 2 days | 11 |
| after the rejection but in all cases before the close of the | 12 |
| period for counting provisional ballots, notify the absentee | 13 |
| voter that his or her ballot was rejected. The notice shall | 14 |
| inform the voter of the reason or reasons the ballot was | 15 |
| rejected and shall state that the voter may appear before the | 16 |
| election authority, on or before the 14th day after the | 17 |
| election, to show cause as to why the ballot should not be | 18 |
| rejected. The voter may present evidence to the election | 19 |
| authority supporting his or her contention that the ballot | 20 |
| should be counted. The election authority shall appoint a panel | 21 |
| of 3 election judges to review the contested ballot, | 22 |
| application, and certification envelope, as well as any | 23 |
| evidence submitted by the absentee voter. No more than 2 | 24 |
| election judges on the reviewing panel shall be of the same | 25 |
| political party. The reviewing panel of election judges shall | 26 |
| make a final determination as to the validity of the contested |
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| absentee ballot. The judges' determination shall not be | 2 |
| reviewable either administratively or judicially. | 3 |
| An absentee ballot subject to this subsection that is | 4 |
| determined to be valid shall be counted before the close of the | 5 |
| period for counting provisional ballots.
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| (g-8) When an absentee ballot is otherwise validly marked | 7 |
| for a candidate whose name is printed on the ballot, any | 8 |
| write-in vote or votes for that or any other candidate for that | 9 |
| office shall be void if counting the write-in vote or votes | 10 |
| would result in the voter over-voting with respect to that | 11 |
| office.
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| (g-10) All absentee ballots determined to be valid shall be | 13 |
| added to the vote totals for the precincts for which they were | 14 |
| cast in the order in which the ballots were opened.
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| (h) Each political party, candidate, and qualified civic | 16 |
| organization shall be entitled to have present one pollwatcher | 17 |
| for each panel of election judges therein assigned.
| 18 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
| 19 |
| (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
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| Sec. 20-8. Time and place of counting ballots. | 21 |
| (a) (Blank.) | 22 |
| (b) Each absent voter's ballot returned to an election | 23 |
| authority, by any means authorized by this Article, and | 24 |
| received by that election authority before the closing of the | 25 |
| polls on election day shall be endorsed by the receiving |
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LRB095 08861 JAM 35055 a |
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| election authority with the day and hour of receipt and shall | 2 |
| be counted in the central ballot counting location of the | 3 |
| election authority on the day of the election after 7:00 p.m., | 4 |
| except as provided in subsections (g) and (g-5).
| 5 |
| (c) Each absent voter's ballot that is mailed to an | 6 |
| election authority and postmarked by the midnight preceding the | 7 |
| opening of the polls on election day, but that is received by | 8 |
| the election authority after the polls close on election day | 9 |
| and before the close of the period for counting provisional | 10 |
| ballots cast at that election, shall be endorsed by the | 11 |
| receiving authority with the day and hour of receipt and shall | 12 |
| be counted at the central ballot counting location of the | 13 |
| election authority during the period for counting provisional | 14 |
| ballots. | 15 |
| (d) Special write-in absentee voter's blank ballots | 16 |
| returned to an election authority, by any means authorized by | 17 |
| this Article, and received by the election authority at any | 18 |
| time before the closing of the polls on election day shall be | 19 |
| endorsed by the receiving election authority with the day and | 20 |
| hour of receipt and shall be counted at the central ballot | 21 |
| counting location of the election authority during the same | 22 |
| period provided for counting absent voters' ballots under | 23 |
| subsections (b), (g), and (g-5). Special write-in absentee | 24 |
| voter's blank ballot that are mailed to an election authority | 25 |
| and postmarked by midnight preceding the opening of the polls | 26 |
| on election day, but that are received by the election |
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LRB095 08861 JAM 35055 a |
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| authority after the polls close on election day and before the | 2 |
| closing of the period for counting provisional ballots cast at | 3 |
| that election, shall be endorsed by the receiving authority | 4 |
| with the day and hour of receipt and shall be counted at the | 5 |
| central ballot counting location of the election authority | 6 |
| during the same periods provided for counting absent voters' | 7 |
| ballots under subsection (c).
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| (e) Except as otherwise provided in this Section, absent | 9 |
| voters' ballots and special write-in absentee voter's blank | 10 |
| ballots received by the election authority after the closing of | 11 |
| the polls on the day of election shall be
endorsed by the | 12 |
| person receiving the ballots with the day and hour of
receipt | 13 |
| and shall be safely kept unopened by the election authority for
| 14 |
| the period of time required for the preservation of ballots | 15 |
| used at the
election, and shall then, without being opened, be | 16 |
| destroyed in like
manner as the used ballots of that election.
| 17 |
| (f) Counting required under this Section to begin on | 18 |
| election day after the closing of the polls shall commence no | 19 |
| later than 8:00 p.m. and shall be conducted
by a panel or | 20 |
| panels of election judges appointed in the manner provided
by | 21 |
| law. The counting shall continue until all absent voters' | 22 |
| ballots and special write-in absentee voter's blank ballots | 23 |
| required to be counted on election day have been counted.
| 24 |
| (g) The procedures set forth in Articles 17 and
18 of this | 25 |
| Code shall apply to all ballots counted under
this Section. In | 26 |
| addition, within 2 days after a ballot subject to this Article |
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| is received, but in all cases before the close of the period | 2 |
| for counting provisional ballots, the election judge or | 3 |
| official shall compare the voter's signature on the | 4 |
| certification envelope of that ballot with the signature of the | 5 |
| voter on file in the office of the election authority. If the | 6 |
| election judge or official determines that the 2 signatures | 7 |
| match, and that the voter is otherwise qualified to cast a | 8 |
| ballot under this Article, the election authority shall cast | 9 |
| and count the ballot on election day or the day the ballot is | 10 |
| determined to be valid, whichever is later, adding the results | 11 |
| to the precinct in which the voter is registered. If the | 12 |
| election judge or official determines that the signatures do | 13 |
| not match, or that the voter is not qualified to cast a ballot | 14 |
| under this Article, then without opening the certification | 15 |
| envelope, the judge or official shall mark across the face of | 16 |
| the certification envelope the word "Rejected" and shall not | 17 |
| cast or count the ballot. | 18 |
| In addition to the voter's signatures not matching, a | 19 |
| ballot subject to this Article may be rejected by the election | 20 |
| judge or official: | 21 |
| (1) if the ballot envelope is open or has been opened | 22 |
| and resealed; | 23 |
| (2) if the voter has already cast an early or grace | 24 |
| period ballot; | 25 |
| (3) if the voter voted in person on election day or the | 26 |
| voter is not a duly registered voter in the precinct; or |
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| (4) on any other basis set forth in this Code. | 2 |
| If the election judge or official determines that any of | 3 |
| these reasons apply, the judge or official shall mark across | 4 |
| the face of the certification envelope the word "Rejected" and | 5 |
| shall not cast or count the ballot. | 6 |
| (g-5) If a ballot subject to this Article is rejected by | 7 |
| the election judge or official for any reason, the election | 8 |
| authority shall, within 2 days after the rejection but in all | 9 |
| cases before the close of the period for counting provisional | 10 |
| ballots, notify the voter that his or her ballot was rejected. | 11 |
| The notice shall inform the voter of the reason or reasons the | 12 |
| ballot was rejected and shall state that the voter may appear | 13 |
| before the election authority, on or before the 14th day after | 14 |
| the election, to show cause as to why the ballot should not be | 15 |
| rejected. The voter may present evidence to the election | 16 |
| authority supporting his or her contention that the ballot | 17 |
| should be counted. The election authority shall appoint a panel | 18 |
| of 3 election judges to review the contested ballot, | 19 |
| application, and certification envelope, as well as any | 20 |
| evidence submitted by the absentee voter. No more than 2 | 21 |
| election judges on the reviewing panel shall be of the same | 22 |
| political party. The reviewing panel of election judges shall | 23 |
| make a final determination as to the validity of the contested | 24 |
| ballot. The judges' determination shall not be reviewable | 25 |
| either administratively or judicially. | 26 |
| A ballot subject to this subsection that is determined to |
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LRB095 08861 JAM 35055 a |
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| be valid shall be counted before the close of the period for | 2 |
| counting provisional ballots. | 3 |
| (g-8) When an absentee ballot is otherwise validly marked | 4 |
| for a candidate whose name is printed on the ballot, any | 5 |
| write-in vote or votes for that or any other candidate for that | 6 |
| office shall be void if counting the write-in vote or votes | 7 |
| would result in the voter over-voting with respect to that | 8 |
| office.
| 9 |
| (g-10) All ballots determined to be valid shall be added to | 10 |
| the vote totals for the precincts for which they were cast in | 11 |
| the order in which the ballots were opened.
| 12 |
| (h) Each political party,
candidate, and qualified civic | 13 |
| organization shall be entitled to have
present one pollwatcher | 14 |
| for each panel of election judges therein assigned.
| 15 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)".
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