Full Text of HB2574 100th General Assembly
HB2574 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2574 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-12 | from Ch. 46, par. 7-12 | 10 ILCS 5/10-6.2 | from Ch. 46, par. 10-6.2 | 10 ILCS 5/19-3 | from Ch. 46, par. 19-3 | 10 ILCS 5/19A-15 | |
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Amends the Election Code. Changes the date for when lotteries for determining the order certain petitions were received from within 9 days following the last day for petition filing to within 5 days following the last day for petition filing. Provides that 5 (rather than 7) days written notice of the time and place of the lottery shall be provided. Removes a requirement that the notice be sent to each organization of citizens entitled to have pollwatchers present. Provides that simultaneous filer candidate may be served with notice concerning the lottery. Makes similar changes in provisions concerning minor political parties. Provides that any campaign, party, or other organization or individual that engages in a vote by mail operation shall also provide the voter with a postage-paid, pre-addressed return envelope addressed only to appropriate local election authority. Provides that a permanent polling place for early voting must remain open through the end of the second day before election day (rather than through the end of the day before election day).
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-12, 10-6.2, 19-3, and 19A-15 as follows:
| 6 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| 7 | | Sec. 7-12. All petitions for nomination shall be filed by | 8 | | mail or
in person as follows: | 9 | | (1) Where the nomination is to be made for a State, | 10 | | congressional, or
judicial office, or for any office a | 11 | | nomination for which is made for a
territorial division or | 12 | | district which comprises more than one county or
is partly | 13 | | in one county and partly in another county or counties, | 14 | | then,
except as otherwise provided in this Section, such | 15 | | petition for nomination
shall be filed in the principal | 16 | | office of the State Board of Elections not
more than 113 | 17 | | and not less than 106 days prior to the date of the | 18 | | primary,
but, in the case of petitions for nomination to | 19 | | fill a vacancy by special
election in the office of | 20 | | representative in Congress from this State, such
petition | 21 | | for nomination shall be filed in the principal office of | 22 | | the State
Board of Elections not more than 85 days and not | 23 | | less than 82 days prior to
the date of the primary.
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| 1 | | Where a vacancy occurs in the office of Supreme, | 2 | | Appellate or Circuit
Court Judge within the 3-week period | 3 | | preceding the 106th day before a
general primary election, | 4 | | petitions for nomination for the office in which
the | 5 | | vacancy has occurred shall be filed in the principal office | 6 | | of the
State Board of Elections not more than 92 nor less | 7 | | than 85 days prior to
the date of the general primary | 8 | | election.
| 9 | | Where the nomination is to be made for delegates or | 10 | | alternate
delegates to a national nominating convention, | 11 | | then such petition for
nomination shall be filed in the | 12 | | principal office of the State Board of
Elections not more | 13 | | than 113 and not less than 106 days prior to the date of
| 14 | | the primary; provided, however, that if the rules or | 15 | | policies of a national
political party conflict with such | 16 | | requirements for filing petitions for
nomination for | 17 | | delegates or alternate delegates to a national nominating
| 18 | | convention, the chairman of the State central committee of | 19 | | such national
political party shall notify the Board in | 20 | | writing, citing by reference the
rules or policies of the | 21 | | national political party in conflict, and in such
case the | 22 | | Board shall direct such petitions to be filed in accordance | 23 | | with the delegate selection plan adopted by the state | 24 | | central committee of such national political party.
| 25 | | (2) Where the nomination is to be made for a county | 26 | | office or trustee
of a sanitary district then such petition |
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| 1 | | shall be filed in the office
of the county clerk not more | 2 | | than 113 nor less than 106 days prior to the
date of the | 3 | | primary.
| 4 | | (3) Where the nomination is to be made for a municipal | 5 | | or township
office, such petitions for nomination shall be | 6 | | filed in the office of
the local election official, not | 7 | | more than 99 nor less than 92 days
prior to the date of the | 8 | | primary; provided, where a municipality's or
township's | 9 | | boundaries are coextensive with or are entirely within the
| 10 | | jurisdiction of a municipal board of election | 11 | | commissioners, the petitions
shall be filed in the office | 12 | | of such board; and provided, that petitions
for the office | 13 | | of multi-township assessor shall be filed with the election
| 14 | | authority.
| 15 | | (4) The petitions of candidates for State central | 16 | | committeeman shall
be filed in the principal office of the | 17 | | State Board of Elections not
more than 113 nor less than | 18 | | 106 days prior to the date of the primary.
| 19 | | (5) Petitions of candidates for precinct, township or | 20 | | ward
committeemen shall be filed in the office of the | 21 | | county clerk not more
than 113 nor less than 106 days prior | 22 | | to the date of the primary.
| 23 | | (6) The State Board of Elections and the various | 24 | | election authorities
and local election officials with | 25 | | whom such petitions for nominations
are filed shall specify | 26 | | the place where filings shall be made and upon
receipt |
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| 1 | | shall endorse thereon the day and hour on which each | 2 | | petition
was filed. All petitions filed by persons waiting | 3 | | in line as of 8:00
a.m. on the first day for filing, or as | 4 | | of the normal opening hour of
the office involved on such | 5 | | day, shall be deemed filed as of 8:00 a.m.
or the normal | 6 | | opening hour, as the case may be. Petitions filed by mail
| 7 | | and received after midnight of the first day for filing and | 8 | | in the first
mail delivery or pickup of that day shall be | 9 | | deemed as filed as of 8:00
a.m. of that day or as of the | 10 | | normal opening hour of such day, as the
case may be. All | 11 | | petitions received thereafter shall be deemed as filed
in | 12 | | the order of actual receipt. However, 2 or more petitions | 13 | | filed within the last hour of the filing deadline shall be | 14 | | deemed filed simultaneously. Where 2 or more petitions are | 15 | | received
simultaneously, the State Board of Elections or | 16 | | the various election
authorities or local election | 17 | | officials with whom such petitions are
filed shall break | 18 | | ties and determine the order of filing, by means of a
| 19 | | lottery or other fair and impartial method of random | 20 | | selection approved
by the State Board of Elections. Such | 21 | | lottery shall be conducted within 5
9 days following the | 22 | | last day for petition filing and shall be open to the
| 23 | | public. Five Seven days written notice of the time and | 24 | | place of conducting such
random selection shall be given by | 25 | | the State Board of Elections to the
chairman of the State | 26 | | central committee of each established political
party, and |
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| 1 | | by each election authority or local election official, to | 2 | | the
County Chairman of each established political party , | 3 | | and to each
organization of citizens within the election | 4 | | jurisdiction which was
entitled, under this Article, at the | 5 | | next preceding election, to have
pollwatchers present on | 6 | | the day of election . Each simultaneous filer candidate may | 7 | | be served with written notice of the time and place of the | 8 | | lottery at the time of filing the nominating petition. The | 9 | | State Board of Elections,
election authority or local | 10 | | election official shall post in a conspicuous,
open and | 11 | | public place, at the entrance of the office, notice of the | 12 | | time
and place of such lottery. The State Board of | 13 | | Elections shall adopt rules
and regulations governing the | 14 | | procedures for the conduct of such lottery.
All candidates | 15 | | shall be certified in the order in which their petitions
| 16 | | have been filed. Where candidates have filed | 17 | | simultaneously, they shall be
certified in the order | 18 | | determined by lot and prior to candidates who filed
for the | 19 | | same office at a later time.
| 20 | | (7) The State Board of Elections or the appropriate | 21 | | election
authority or local election official with whom | 22 | | such a petition for
nomination is filed shall notify the | 23 | | person for whom a petition for
nomination has been filed of | 24 | | the obligation to file statements of
organization, reports | 25 | | of campaign contributions, and annual reports of
campaign | 26 | | contributions and expenditures under Article 9 of this Act.
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| 1 | | Such notice shall be given in the manner prescribed by | 2 | | paragraph (7) of
Section 9-16 of this Code.
| 3 | | (8) Nomination papers filed under this Section are not | 4 | | valid if the
candidate named therein fails to file a | 5 | | statement of economic interests
as required by the Illinois | 6 | | Governmental Ethics Act in relation to his
candidacy with | 7 | | the appropriate officer by the end of the period for the
| 8 | | filing of nomination papers unless he has filed a statement | 9 | | of economic
interests in relation to the same governmental | 10 | | unit with that officer
within a year preceding the date on | 11 | | which such nomination papers were
filed. If the nomination | 12 | | papers of any candidate and the statement of
economic | 13 | | interest of that candidate are not required to be filed | 14 | | with
the same officer, the candidate must file with the | 15 | | officer with whom the
nomination papers are filed a receipt | 16 | | from the officer with whom the
statement of economic | 17 | | interests is filed showing the date on which such
statement | 18 | | was filed. Such receipt shall be so filed not later than | 19 | | the
last day on which nomination papers may be filed.
| 20 | | (9) Any person for whom a petition for nomination, or | 21 | | for committeeman or
for delegate or alternate delegate to a | 22 | | national nominating convention has
been filed may cause his | 23 | | name to be withdrawn by request in writing, signed
by him | 24 | | and duly acknowledged before an officer qualified to take
| 25 | | acknowledgments of deeds, and filed in the principal or | 26 | | permanent branch
office of the State Board of Elections or |
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| 1 | | with the appropriate election
authority or local election | 2 | | official, not later than the date of
certification of | 3 | | candidates for the consolidated primary or general primary
| 4 | | ballot. No names so withdrawn shall be certified or printed | 5 | | on the
primary ballot. If petitions for nomination have | 6 | | been filed for the
same person with respect to more than | 7 | | one political party, his name
shall not be certified nor | 8 | | printed on the primary ballot of any party.
If petitions | 9 | | for nomination have been filed for the same person for 2 or
| 10 | | more offices which are incompatible so that the same person | 11 | | could not
serve in more than one of such offices if | 12 | | elected, that person must
withdraw as a candidate for all | 13 | | but one of such offices within the
5 business days | 14 | | following the last day for petition filing. A candidate in | 15 | | a judicial election may file petitions for nomination for | 16 | | only one vacancy in a subcircuit and only one vacancy in a | 17 | | circuit in any one filing period, and if petitions for | 18 | | nomination have been filed for the same person for 2 or | 19 | | more vacancies in the same circuit or subcircuit in the | 20 | | same filing period, his or her name shall be certified only | 21 | | for the first vacancy for which the petitions for | 22 | | nomination were filed. If he fails to
withdraw as a | 23 | | candidate for all but one of such offices within such time
| 24 | | his name shall not be certified, nor printed on the primary | 25 | | ballot, for any
office. For the purpose of the foregoing | 26 | | provisions, an office in a
political party is not |
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| 1 | | incompatible with any other office.
| 2 | | (10)(a) Notwithstanding the provisions of any other | 3 | | statute, no primary
shall be held for an established | 4 | | political party in any township,
municipality, or ward | 5 | | thereof, where the nomination of such
party for every | 6 | | office to be voted upon by the electors of such
township, | 7 | | municipality, or ward thereof, is uncontested. Whenever a
| 8 | | political party's nomination of candidates is uncontested | 9 | | as to one or
more, but not all, of the offices to be voted | 10 | | upon by the electors of a
township, municipality, or ward | 11 | | thereof, then a primary shall
be held for that party in | 12 | | such township, municipality, or ward thereof;
provided | 13 | | that the primary ballot shall not include those offices
| 14 | | within such township, municipality, or ward thereof, for | 15 | | which the
nomination is uncontested. For purposes of this | 16 | | Article, the nomination
of an established political party | 17 | | of a candidate for election to an office
shall be deemed to | 18 | | be uncontested where not more than the number of persons
to | 19 | | be nominated have timely filed valid nomination papers | 20 | | seeking the
nomination of such party for election to such | 21 | | office.
| 22 | | (b) Notwithstanding the provisions of any other | 23 | | statute, no primary
election shall be held for an | 24 | | established political party for any special
primary | 25 | | election called for the purpose of filling a vacancy in the | 26 | | office
of representative in the United States Congress |
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| 1 | | where the nomination of
such political party for said | 2 | | office is uncontested. For the purposes of
this Article, | 3 | | the nomination of an established political party of a
| 4 | | candidate for election to said office shall be deemed to be | 5 | | uncontested
where not more than the number of persons to be | 6 | | nominated have timely filed
valid nomination papers | 7 | | seeking the nomination of such established party
for | 8 | | election to said office. This subsection (b) shall not | 9 | | apply if such
primary election is conducted on a regularly | 10 | | scheduled election day.
| 11 | | (c) Notwithstanding the provisions in subparagraph (a) | 12 | | and (b) of this
paragraph (10), whenever a person who has | 13 | | not timely filed valid nomination
papers and who intends to | 14 | | become a write-in candidate for a political
party's | 15 | | nomination for any office for which the nomination is | 16 | | uncontested
files a written statement or notice of that | 17 | | intent with the State Board of
Elections or the local | 18 | | election official with whom nomination papers for
such | 19 | | office are filed, a primary ballot shall be prepared and a | 20 | | primary
shall be held for that office. Such statement or | 21 | | notice shall be filed on
or before the date established in | 22 | | this Article for certifying candidates
for the primary | 23 | | ballot. Such statement or notice shall contain (i) the
name | 24 | | and address of the person intending to become a write-in | 25 | | candidate,
(ii) a statement that the person is a qualified | 26 | | primary elector of the
political party from whom the |
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| 1 | | nomination is sought, (iii) a statement that
the person | 2 | | intends to become a write-in candidate for the party's
| 3 | | nomination, and (iv) the office the person is seeking as a | 4 | | write-in
candidate. An election authority shall have no | 5 | | duty to conduct a primary
and prepare a primary ballot for | 6 | | any office for which the nomination is
uncontested unless a | 7 | | statement or notice meeting the requirements of this
| 8 | | Section is filed in a timely manner.
| 9 | | (11) If multiple sets of nomination papers are filed | 10 | | for a candidate to
the same office, the State Board of | 11 | | Elections, appropriate election
authority or local | 12 | | election official where the petitions are filed shall
| 13 | | within 2 business days notify the candidate of his or her | 14 | | multiple petition
filings and that the candidate has 3 | 15 | | business days after receipt of the
notice to notify the | 16 | | State Board of Elections, appropriate election
authority | 17 | | or local election official that he or she may cancel prior | 18 | | sets
of petitions. If the candidate notifies the State | 19 | | Board of Elections,
appropriate election authority or | 20 | | local election official, the last set of
petitions filed | 21 | | shall be the only petitions to be considered valid by the
| 22 | | State Board of Elections, election authority or local | 23 | | election official. If
the candidate fails to notify the | 24 | | State Board of Elections, election authority
or local
| 25 | | election official then only the first set of petitions | 26 | | filed shall be valid
and all subsequent petitions shall be |
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| 1 | | void.
| 2 | | (12) All nominating petitions shall be available for | 3 | | public inspection
and shall be preserved for a period of | 4 | | not less than 6 months.
| 5 | | (Source: P.A. 99-221, eff. 7-31-15.)
| 6 | | (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
| 7 | | Sec. 10-6.2.
The State Board of Elections, the election | 8 | | authority or
the local election official with whom petitions | 9 | | for nomination are filed
pursuant to this Article 10 shall | 10 | | specify the place where filings shall
be made and upon receipt | 11 | | shall endorse thereon the day and the hour at
which each | 12 | | petition was filed. Except as provided by Article 9 of The
| 13 | | School Code, all petitions filed by persons waiting
in line as | 14 | | of 8:00 a.m. on the first day for filing, or as of the normal
| 15 | | opening hour of the office involved on such day, shall be | 16 | | deemed filed
as of 8:00 a.m. or the normal opening hour, as the | 17 | | case may be.
Petitions filed by mail and received after | 18 | | midnight of the first day for
filing and in the first mail | 19 | | delivery or pickup of that day shall be
deemed filed as of 8:00 | 20 | | a.m. of that day or as of the normal opening
hour of such day, | 21 | | as the case may be. All petitions received thereafter
shall be | 22 | | deemed filed in the order of actual receipt. However, 2 or more | 23 | | petitions filed within the last hour of the filing deadline | 24 | | shall be deemed filed simultaneously. Where 2 or more
petitions | 25 | | are received simultaneously, the State Board of Elections, the
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| 1 | | election authority or the local election official with whom | 2 | | such
petitions are filed shall break ties and determine the | 3 | | order of filing
by means of a lottery or other fair and | 4 | | impartial method of random
selection approved by the State | 5 | | Board of Elections. Such lottery shall
be conducted within 5 9 | 6 | | days following the last day for petition filing and shall
be | 7 | | open to the public. Five Seven days written notice of the time | 8 | | and place of
conducting such random selection shall be given, | 9 | | by the State Board of
Elections, the election authority, or | 10 | | local election official, to the Chairman
of each political | 11 | | party , and to each organization of citizens within the
election | 12 | | jurisdiction which was entitled, under this Code, at the next
| 13 | | preceding election, to have pollwatchers present on the day of | 14 | | election . Each simultaneous filer candidate may be served with | 15 | | written notice of the time and place of the lottery at the time | 16 | | of filing the nominating petition. The
State Board of | 17 | | Elections, the election authority or local election official
| 18 | | shall post in a conspicuous, open and public place, at the | 19 | | entrance of the
office, notice of the time and place of such | 20 | | lottery. The State Board of
Elections shall adopt rules and | 21 | | regulations governing the procedures for
the conduct of such | 22 | | lottery. All candidates shall be
certified in the order in | 23 | | which their petitions have been filed and in the
manner | 24 | | prescribed by Section 10-14 and 10-15 of this Article. Where
| 25 | | candidates have filed simultaneously, they shall be certified | 26 | | in the order
determined by lot and prior to candidates who |
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| 1 | | filed for the same office or
offices at a later time. | 2 | | Certificates of nomination filed within the
period prescribed | 3 | | in Section 10-6(2) for candidates nominated by caucus for
| 4 | | township or municipal offices shall be subject to the ballot | 5 | | placement
lottery for established political parties prescribed | 6 | | in Section 7-60 of
this Code.
| 7 | | If multiple sets of nomination papers are filed for a | 8 | | candidate to
the same office, the State Board of Elections, | 9 | | appropriate election
authority or local election official | 10 | | where the petitions are filed shall
within 2 business days | 11 | | notify the candidate of his or her multiple petition
filings | 12 | | and that the candidate has 3 business days after receipt of the | 13 | | notice
to notify the State Board of Elections, appropriate | 14 | | election authority or local
election official that he or she | 15 | | may cancel prior sets of petitions. If the
candidate notifies | 16 | | the State Board of Elections, appropriate election authority
or | 17 | | local election official, the last set of petitions filed shall | 18 | | be the only
petitions to be considered valid by the State Board | 19 | | of Elections, election
authority or local election official. If | 20 | | the candidate fails to notify the
State Board of Elections, | 21 | | appropriate election authority or local election
official then | 22 | | only the first set of petitions filed shall be valid and all
| 23 | | subsequent petitions shall be void.
| 24 | | (Source: P.A. 98-115, eff. 7-29-13.)
| 25 | | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) |
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| 1 | | Sec. 19-3. The
application for vote by mail ballot shall be | 2 | | substantially in the
following form: | 3 | | APPLICATION FOR VOTE BY MAIL BALLOT | 4 | | To be voted at the .... election in the County of .... and | 5 | | State of
Illinois, in the .... precinct of the (1) *township of | 6 | | .... (2) *City of
.... or (3) *.... ward in the City of .... | 7 | | I state that I am a resident of the .... precinct of the | 8 | | (1)
*township of .... (2) *City of .... or (3) *.... ward in | 9 | | the city of
.... residing at .... in such city or town in the | 10 | | county of .... and
State of Illinois; that I have lived at such | 11 | | address for .... month(s)
last past; that I am lawfully | 12 | | entitled to vote in such precinct at the
.... election to be | 13 | | held therein on ....; and that I wish to vote by vote by mail | 14 | | ballot. | 15 | | I hereby make application for an official ballot or ballots | 16 | | to be
voted by me at such election, and I agree that I shall | 17 | | return such ballot or ballots to the
official issuing the same | 18 | | prior to the closing of the polls on the date
of the election | 19 | | or, if returned by mail, postmarked no later than election day, | 20 | | for counting no later than during the period for counting | 21 | | provisional ballots, the last day of which is the 14th day | 22 | | following election day. | 23 | | I understand that this application is made for an official | 24 | | vote by mail ballot or ballots to be voted by me at the | 25 | | election specified in this application and that I must submit a | 26 | | separate application for an official vote by mail ballot or |
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| 1 | | ballots to be voted by me at any subsequent election. | 2 | | Under penalties as provided by law pursuant to Section | 3 | | 29-10 of the
Election Code, the undersigned certifies that the | 4 | | statements set forth
in this application are true and correct. | 5 | | .... | 6 | | *fill in either (1), (2) or (3). | 7 | | Post office address to which ballot is mailed: | 8 | | ............... | 9 | | However, if application is made for a primary election | 10 | | ballot, such
application shall require the applicant to | 11 | | designate the name of the political party with which
the | 12 | | applicant is affiliated. | 13 | | If application is made electronically, the applicant shall | 14 | | mark the box associated with the above described statement | 15 | | included as part of the online application certifying that the | 16 | | statements set forth in this application are true and correct, | 17 | | and a signature is not required. | 18 | | Any person may produce, reproduce, distribute, or return to | 19 | | an election authority the application for vote by mail ballot. | 20 | | Any campaign, party, or other organization or individual that | 21 | | engages in a vote by mail operation where voters are sent | 22 | | applications for vote by mail ballots shall also provide the | 23 | | voter with a postage-paid, pre-addressed return envelope | 24 | | addressed only to the local election authority whose | 25 | | jurisdiction is appropriate for that registered voter. Upon | 26 | | receipt, the appropriate election authority shall accept and |
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| 1 | | promptly process any application for vote by mail ballot | 2 | | submitted in a form substantially similar to that required by | 3 | | this Section, including any substantially similar production | 4 | | or reproduction generated by the applicant. | 5 | | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15; | 6 | | 99-522, eff. 6-30-16.) | 7 | | (10 ILCS 5/19A-15)
| 8 | | Sec. 19A-15. Period for early voting; hours.
| 9 | | (a) The period for early voting by personal appearance | 10 | | begins the 40th day preceding a general primary, consolidated | 11 | | primary, consolidated, or
general election and extends through | 12 | | the end of the day before election day.
| 13 | | (b) Except as otherwise provided by this Section, a | 14 | | permanent polling place for early voting must remain open | 15 | | beginning the 15th day before an election through the end of | 16 | | the second day before election day during the
hours of 8:30 | 17 | | a.m. to 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays, | 18 | | except that beginning 8 days before election day, a permanent | 19 | | polling place for early voting must remain open during the | 20 | | hours of 8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and
| 21 | | 9:00 a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00 | 22 | | a.m. to 4 p.m. on Sundays; except that, in addition to the | 23 | | hours required by this subsection, a permanent polling place | 24 | | designated by an election authority under subsections (c), (d), | 25 | | and (e) of Section 19A-10 must remain open for a total of at |
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| 1 | | least 8 hours on any holiday during the early voting period and | 2 | | a total of at least 14 hours on the final weekend during the | 3 | | early voting period.
| 4 | | (c) Notwithstanding subsection (b), an election authority | 5 | | may close an early voting polling place if the building in | 6 | | which the polling place is located has been closed by the State | 7 | | or unit of local government in response to a severe weather | 8 | | emergency or other force majeure. The election authority shall | 9 | | notify the State Board of Elections of any closure and shall | 10 | | make reasonable efforts to provide notice to the public of an | 11 | | alternative location for early voting. | 12 | | (d) (Blank). | 13 | | (Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, | 14 | | eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | 15 | | 98-1171, eff. 6-1-15 .)
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