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Full Text of SB2651  100th General Assembly

SB2651sam001 100TH GENERAL ASSEMBLY

Sen. Terry Link

Filed: 4/20/2018

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2651

2    AMENDMENT NO. ______. Amend Senate Bill 2651 on page 1, by
3replacing lines 4 and 5 with the following:
4"The Election Code is amended by changing Sections 1A-8, 7-5,
57-7, 7-9, 7-12, 7-59, 13-1, 13-2, 14-1, 17-16.1, 18-9.1, and
619-3 and by adding Sections 1-17 and 22-19 as follows:
 
7    (10 ILCS 5/1-17 new)
8    Sec. 1-17. Election authority voting equipment
9information. Every 2 years, each election authority shall
10submit information on the voting equipment used within the
11jurisdiction of the election authority to the State Board of
12Elections. The information must include:
13        (1) the age and functionality of each item of voting
14    equipment; and
15        (2) a formal letter containing a general description of
16    the status of the voting equipment, the election
17    authority's perceived need for new voting equipment, and

 

 

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1    the costs associated with obtaining new equipment.
2Each election authority must publish the information submitted
3under this Section online.
 
4
5    (10 ILCS 5/1A-8)  (from Ch. 46, par. 1A-8)
6    Sec. 1A-8. The State Board of Elections shall exercise the
7following powers and perform the following duties in addition
8to any powers or duties otherwise provided for by law:
9        (1) Assume all duties and responsibilities of the State
10    Electoral Board and the Secretary of State as heretofore
11    provided in this Code Act;
12        (2) Disseminate information to and consult with
13    election authorities concerning the conduct of elections
14    and registration in accordance with the laws of this State
15    and the laws of the United States;
16        (3) Furnish to each election authority prior to each
17    primary and general election and any other election it
18    deems necessary, a manual of uniform instructions
19    consistent with the provisions of this Code Act which shall
20    be used by election authorities in the preparation of the
21    official manual of instruction to be used by the judges of
22    election in any such election. In preparing such manual,
23    the State Board shall consult with representatives of the
24    election authorities throughout the State. The State Board
25    may provide separate portions of the uniform instructions

 

 

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1    applicable to different election jurisdictions which
2    administer elections under different options provided by
3    law. The State Board may by regulation require particular
4    portions of the uniform instructions to be included in any
5    official manual of instructions published by election
6    authorities. Any manual of instructions published by any
7    election authority shall be identical with the manual of
8    uniform instructions issued by the Board, but may be
9    adapted by the election authority to accommodate special or
10    unusual local election problems, provided that all manuals
11    published by election authorities must be consistent with
12    the provisions of this Code Act in all respects and must
13    receive the approval of the State Board of Elections prior
14    to publication; provided further that if the State Board
15    does not approve or disapprove of a proposed manual within
16    60 days of its submission, the manual shall be deemed
17    approved.
18        (4) Prescribe and require the use of such uniform
19    forms, notices, and other supplies not inconsistent with
20    the provisions of this Code Act as it shall deem advisable
21    which shall be used by election authorities in the conduct
22    of elections and registrations;
23        (5) Prepare and certify the form of ballot for any
24    proposed amendment to the Constitution of the State of
25    Illinois, or any referendum to be submitted to the electors
26    throughout the State or, when required to do so by law, to

 

 

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1    the voters of any area or unit of local government of the
2    State;
3        (6) Require such statistical reports regarding the
4    conduct of elections and registration from election
5    authorities as may be deemed necessary;
6        (7) Review and inspect procedures and records relating
7    to conduct of elections and registration as may be deemed
8    necessary, and to report violations of election laws to the
9    appropriate State's Attorney or the Attorney General;
10        (8) Recommend to the General Assembly legislation to
11    improve the administration of elections and registration;
12        (9) Adopt, amend or rescind rules and regulations in
13    the performance of its duties provided that all such rules
14    and regulations must be consistent with the provisions of
15    this Article 1A or issued pursuant to authority otherwise
16    provided by law;
17        (10) Determine the validity and sufficiency of
18    petitions filed under Article XIV, Section 3, of the
19    Constitution of the State of Illinois of 1970;
20        (11) Maintain in its principal office a research
21    library that includes, but is not limited to, abstracts of
22    votes by precinct for general primary elections and general
23    elections, current precinct maps and current precinct poll
24    lists from all election jurisdictions within the State. The
25    research library shall be open to the public during regular
26    business hours. Such abstracts, maps and lists shall be

 

 

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1    preserved as permanent records and shall be available for
2    examination and copying at a reasonable cost;
3        (12) Supervise the administration of the registration
4    and election laws throughout the State;
5        (13) Obtain from the Department of Central Management
6    Services, under Section 405-250 of the Department of
7    Central Management Services Law (20 ILCS 405/405-250),
8    such use of electronic data processing equipment as may be
9    required to perform the duties of the State Board of
10    Elections and to provide election-related information to
11    candidates, public and party officials, interested civic
12    organizations and the general public in a timely and
13    efficient manner;
14        (14) To take such action as may be necessary or
15    required to give effect to directions of the national
16    committee or State central committee of an established
17    political party under Sections 7-8, 7-11, and 7-14.1 or
18    such other provisions as may be applicable pertaining to
19    the selection of delegates and alternate delegates to an
20    established political party's national nominating
21    conventions or, notwithstanding any candidate
22    certification schedule contained within this the Election
23    Code, the certification of the Presidential and Vice
24    Presidential candidate selected by the established
25    political party's national nominating convention;
26        (15) To post all early voting sites separated by

 

 

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1    election authority and hours of operation on its website at
2    least 5 business days before the period for early voting
3    begins; and
4        (16) To post on its website the statewide totals, and
5    totals separated by each election authority, for each of
6    the counts received pursuant to Section 1-9.2; and .
7        (17) To post on its website, in a downloadable format,
8    the information received from each election authority
9    under Section 1-17.
10    The Board may by regulation delegate any of its duties or
11functions under this Article, except that final determinations
12and orders under this Article shall be issued only by the
13Board.
14    The requirement for reporting to the General Assembly shall
15be satisfied by filing copies of the report with the Speaker,
16the Minority Leader, and the Clerk of the House of
17Representatives, and the President, the Minority Leader, and
18the Secretary of the Senate, and the Legislative Research Unit,
19as required by Section 3.1 of the General Assembly Organization
20Act "An Act to revise the law in relation to the General
21Assembly", approved February 25, 1874, as amended, and filing
22such additional copies with the State Government Report
23Distribution Center for the General Assembly as is required
24under paragraph (t) of Section 7 of the State Library Act.
25(Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
 

 

 

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1    (10 ILCS 5/7-5)  (from Ch. 46, par. 7-5)
2    Sec. 7-5. (a) Primary elections shall be held on the dates
3prescribed in Article 2A.
4    (b) Notwithstanding the provisions of any other statute, no
5primary shall be held for an established political party in any
6township, municipality, or ward thereof, where the nomination
7of such party for every office to be voted upon by the electors
8of such township, municipality, or ward thereof, is
9uncontested. Whenever a political party's nomination of
10candidates is uncontested as to one or more, but not all, of
11the offices to be voted upon by the electors of a township,
12municipality, or ward thereof, then a primary shall be held for
13that party in such township, municipality, or ward thereof;
14provided that the primary ballot shall not include those
15offices within such township, municipality, or ward thereof,
16for which the nomination is uncontested. For purposes of this
17Article, the nomination of an established political party of a
18candidate for election to an office shall be deemed to be
19uncontested where not more than the number of persons to be
20nominated have timely filed valid nomination papers seeking the
21nomination of such party for election to such office.
22    (c) Notwithstanding the provisions of any other statute, no
23primary election shall be held for an established political
24party for any special primary election called for the purpose
25of filling a vacancy in the office of representative in the
26United States Congress where the nomination of such political

 

 

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1party for said office is uncontested. For the purposes of this
2Article, the nomination of an established political party of a
3candidate for election to said office shall be deemed to be
4uncontested where not more than the number of persons to be
5nominated have timely filed valid nomination papers seeking the
6nomination of such established party for election to said
7office. This subsection (c) shall not apply if such primary
8election is conducted on a regularly scheduled election day.
9    (d) Notwithstanding the provisions of any other law to the
10contrary, in subsection (b) and (c) of this Section whenever a
11person who has not timely filed valid nomination papers and who
12intends to become a write-in candidate for a political party's
13nomination for any office for which the nomination is
14uncontested files a written statement or notice of that intent
15with the State Board of Elections or the local election
16official with whom nomination papers for such office are filed,
17no primary ballot shall be printed. Where no primary is held, a
18person intending to become a write-in candidate at the
19consolidated primary election shall re-file a declaration of
20intent to be a write-in candidate for the consolidated election
21with the appropriate election authority or authorities a
22primary ballot shall be prepared and a primary shall be held
23for that office. Such statement or notice shall be filed on or
24before the date established in this Article for certifying
25candidates for the primary ballot. Such statement or notice
26shall contain (i) the name and address of the person intending

 

 

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1to become a write-in candidate, (ii) a statement that the
2person is a qualified primary elector of the political party
3from whom the nomination is sought, (iii) a statement that the
4person intends to become a write-in candidate for the party's
5nomination, and (iv) the office the person is seeking as a
6write-in candidate. An election authority shall have no duty to
7conduct a primary and prepare a primary ballot for any office
8for which the nomination is uncontested, unless a statement or
9notice meeting the requirements of this Section is filed in a
10timely manner.
11    (e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
12(Source: P.A. 86-873.)"; and
 
13    on page 2, immediately below line 14, by inserting the
14following:
 
15    "(10 ILCS 5/7-9)  (from Ch. 46, par. 7-9)
16    Sec. 7-9. County central committee; county and State
17conventions.
18    (a) On the 27th 29th day next succeeding the primary at
19which committeemen are elected, the county central committee of
20each political party shall meet within the county and proceed
21to organize by electing from its own number a chairman and
22either from its own number, or otherwise, such other officers
23as such committee may deem necessary or expedient. Such meeting
24of the county central committee shall be known as the county

 

 

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1convention. Such convention shall not be scheduled to conflict
2with a scheduled session of the General Assembly. If the county
3central committee is unable to organize on the 27th day, the
4convention may be recessed. If the convention is recessed, it
5shall be to a date and time certain on or before the 36th day
6next succeeding the primary at which committeemen are elected.
7Notice of the recessed convention, including the recessed date
8and time shall be given to each committeeman.
9    The chairman of each county committee shall within 10 days
10after the organization, forward to the State Board of
11Elections, the names and post office addresses of the officers,
12precinct committeemen and representative committeemen elected
13by his political party.
14    The county convention of each political party shall choose
15delegates to the State convention of its party, if the party
16chooses to hold a State convention; but in any county having
17within its limits any city having a population of 200,000, or
18over the delegates from such city shall be chosen by wards, the
19ward committeemen from the respective wards choosing the number
20of delegates to which such ward is entitled on the basis
21prescribed in paragraph (e) of this Section such delegates to
22be members of the delegation to the State convention from such
23county. In all counties containing a population of 2,000,000 or
24more outside of cities having a population of 200,000 or more,
25the delegates from each of the townships or parts of townships
26as the case may be shall be chosen by townships or parts of

 

 

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1townships as the case may be, the township committeemen from
2the respective townships or parts of townships as the case may
3be choosing the number of delegates to which such townships or
4parts of townships as the case may be are entitled, on the
5basis prescribed in paragraph (e) of this Section such
6delegates to be members of the delegation to the State
7convention from such county.
8    Each member of the State Central Committee of a political
9party which elects its members by Alternative B under paragraph
10(a) of Section 7-8 shall be a delegate to the State Convention,
11if the party chooses to hold a State convention, ex officio.
12    Each member of the State Central Committee of a political
13party which elects its members by Alternative B under paragraph
14(a) of Section 7-8 may appoint 2 delegates to the State
15Convention, if the party chooses to hold a State convention,
16who must be residents of the member's Congressional District.
17    (b) State conventions may be held within 180 days after the
18general primary in the year 2000 and every 4 years thereafter.
19In the year 1998, and every 4 years thereafter, the chairman of
20a State central committee may issue a call for a State
21convention within 180 days after the general primary.
22    The State convention of each political party, if the party
23chooses to hold a State convention, has power to make
24nominations of candidates of its political party for the
25electors of President and Vice President of the United States,
26and to adopt any party platform, and, to the extent determined

 

 

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1by the State central committee as provided in Section 7-14, to
2choose and select delegates and alternate delegates at large to
3national nominating conventions. The State Central Committee
4may adopt rules to provide for and govern the procedures of the
5State convention.
6    (c) The chairman and secretary of each State convention, if
7the party chooses to hold a State convention, shall, within 2
8days thereafter, transmit to the State Board of Elections of
9this State a certificate setting forth the names and addresses
10of all persons nominated by such State convention for electors
11of President and Vice President of the United States, and of
12any persons selected by the State convention for delegates and
13alternate delegates at large to national nominating
14conventions; and the names of such candidates so chosen by such
15State convention for electors of President and Vice President
16of the United States, shall be caused by the State Board of
17Elections to be printed upon the official ballot at the general
18election, in the manner required by law, and shall be certified
19to the various county clerks of the proper counties in the
20manner as provided in Section 7-60 of this Article 7 for the
21certifying of the names of persons nominated by any party for
22State offices. If and as long as this Act prescribes that the
23names of such electors be not printed on the ballot, then the
24names of such electors shall be certified in such manner as may
25be prescribed by the parts of this Act applicable thereto.
26    (d) Each convention, if the party chooses to hold a State

 

 

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1convention, may perform all other functions inherent to such
2political organization and not inconsistent with this Article.
3    (e) At least 33 days before the date of a State convention,
4if the party chooses to hold a State convention, the chairman
5of the State central committee of each political party shall
6file in the principal office of the State Board of Elections a
7call for the State convention. Such call shall state, among
8other things, the time and place (designating the building or
9hall) for holding the State convention. Such call shall be
10signed by the chairman and attested by the secretary of the
11committee. In such convention each county shall be entitled to
12one delegate for each 500 ballots voted by the primary electors
13of the party in such county at the primary to be held next
14after the issuance of such call; and if in such county, less
15than 500 ballots are so voted or if the number of ballots so
16voted is not exactly a multiple of 500, there shall be one
17delegate for such group which is less than 500, or for such
18group representing the number of votes over the multiple of
19500, which delegate shall have 1/500 of one vote for each
20primary vote so represented by him. The call for such
21convention shall set forth this paragraph (e) of Section 7-9 in
22full and shall direct that the number of delegates to be chosen
23be calculated in compliance herewith and that such number of
24delegates be chosen.
25    (f) All precinct, township and ward committeemen when
26elected as provided in this Section shall serve as though

 

 

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1elected at large irrespective of any changes that may be made
2in precinct, township or ward boundaries and the voting
3strength of each committeeman shall remain as provided in this
4Section for the entire time for which he is elected.
5    (g) The officers elected at any convention provided for in
6this Section shall serve until their successors are elected as
7provided in this Act.
8    (h) A special meeting of any central committee may be
9called by the chairman, or by not less than 25% of the members
10of such committee, by giving 5 days notice to members of such
11committee in writing designating the time and place at which
12such special meeting is to be held and the business which it is
13proposed to present at such special meeting.
14    (i) Except as otherwise provided in this Act, whenever a
15vacancy exists in the office of precinct committeeman because
16no one was elected to that office or because the precinct
17committeeman ceases to reside in the precinct or for any other
18reason, the chairman of the county central committee of the
19appropriate political party may fill the vacancy in such office
20by appointment of a qualified resident of the county and the
21appointed precinct committeeman shall serve as though elected;
22however, no such appointment may be made between the general
23primary election and the 30th day after the general primary
24election.
25    (j) If the number of Congressional Districts in the State
26of Illinois is reduced as a result of reapportionment of

 

 

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1Congressional Districts following a federal decennial census,
2the State Central Committeemen and Committeewomen of a
3political party which elects its State Central Committee by
4either Alternative A or by Alternative B under paragraph (a) of
5Section 7-8 who were previously elected shall continue to serve
6as if no reapportionment had occurred until the expiration of
7their terms.
8(Source: P.A. 99-522, eff. 6-30-16.)
 
9    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
10    Sec. 7-12. All petitions for nomination shall be filed by
11mail or in person as follows:
12        (1) Where the nomination is to be made for a State,
13    congressional, or judicial office, or for any office a
14    nomination for which is made for a territorial division or
15    district which comprises more than one county or is partly
16    in one county and partly in another county or counties,
17    then, except as otherwise provided in this Section, such
18    petition for nomination shall be filed in the principal
19    office of the State Board of Elections not more than 113
20    and not less than 106 days prior to the date of the
21    primary, but, in the case of petitions for nomination to
22    fill a vacancy by special election in the office of
23    representative in Congress from this State, such petition
24    for nomination shall be filed in the principal office of
25    the State Board of Elections not more than 85 days and not

 

 

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1    less than 82 days prior to the date of the primary.
2        Where a vacancy occurs in the office of Supreme,
3    Appellate or Circuit Court Judge within the 3-week period
4    preceding the 106th day before a general primary election,
5    petitions for nomination for the office in which the
6    vacancy has occurred shall be filed in the principal office
7    of the State Board of Elections not more than 92 nor less
8    than 85 days prior to the date of the general primary
9    election.
10        Where the nomination is to be made for delegates or
11    alternate delegates to a national nominating convention,
12    then such petition for nomination shall be filed in the
13    principal office of the State Board of Elections not more
14    than 113 and not less than 106 days prior to the date of
15    the primary; provided, however, that if the rules or
16    policies of a national political party conflict with such
17    requirements for filing petitions for nomination for
18    delegates or alternate delegates to a national nominating
19    convention, the chairman of the State central committee of
20    such national political party shall notify the Board in
21    writing, citing by reference the rules or policies of the
22    national political party in conflict, and in such case the
23    Board shall direct such petitions to be filed in accordance
24    with the delegate selection plan adopted by the state
25    central committee of such national political party.
26        (2) Where the nomination is to be made for a county

 

 

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1    office or trustee of a sanitary district then such petition
2    shall be filed in the office of the county clerk not more
3    than 113 nor less than 106 days prior to the date of the
4    primary.
5        (3) Where the nomination is to be made for a municipal
6    or township office, such petitions for nomination shall be
7    filed in the office of the local election official, not
8    more than 99 nor less than 92 days prior to the date of the
9    primary; provided, where a municipality's or township's
10    boundaries are coextensive with or are entirely within the
11    jurisdiction of a municipal board of election
12    commissioners, the petitions shall be filed in the office
13    of such board; and provided, that petitions for the office
14    of multi-township assessor shall be filed with the election
15    authority.
16        (4) The petitions of candidates for State central
17    committeeman shall be filed in the principal office of the
18    State Board of Elections not more than 113 nor less than
19    106 days prior to the date of the primary.
20        (5) Petitions of candidates for precinct, township or
21    ward committeemen shall be filed in the office of the
22    county clerk not more than 113 nor less than 106 days prior
23    to the date of the primary.
24        (6) The State Board of Elections and the various
25    election authorities and local election officials with
26    whom such petitions for nominations are filed shall specify

 

 

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1    the place where filings shall be made and upon receipt
2    shall endorse thereon the day and hour on which each
3    petition was filed. All petitions filed by persons waiting
4    in line as of 8:00 a.m. on the first day for filing, or as
5    of the normal opening hour of the office involved on such
6    day, shall be deemed filed as of 8:00 a.m. or the normal
7    opening hour, as the case may be. Petitions filed by mail
8    and received after midnight of the first day for filing and
9    in the first mail delivery or pickup of that day shall be
10    deemed as filed as of 8:00 a.m. of that day or as of the
11    normal opening hour of such day, as the case may be. All
12    petitions received thereafter shall be deemed as filed in
13    the order of actual receipt. However, 2 or more petitions
14    filed within the last hour of the filing deadline shall be
15    deemed filed simultaneously. Where 2 or more petitions are
16    received simultaneously, the State Board of Elections or
17    the various election authorities or local election
18    officials with whom such petitions are filed shall break
19    ties and determine the order of filing, by means of a
20    lottery or other fair and impartial method of random
21    selection approved by the State Board of Elections. Such
22    lottery shall be conducted within 9 days following the last
23    day for petition filing and shall be open to the public.
24    Seven days written notice of the time and place of
25    conducting such random selection shall be given by the
26    State Board of Elections to the chairman of the State

 

 

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1    central committee of each established political party, and
2    by each election authority or local election official, to
3    the County Chairman of each established political party,
4    and to each organization of citizens within the election
5    jurisdiction which was entitled, under this Article, at the
6    next preceding election, to have pollwatchers present on
7    the day of election. The State Board of Elections, election
8    authority or local election official shall post in a
9    conspicuous, open and public place, at the entrance of the
10    office, notice of the time and place of such lottery. The
11    State Board of Elections shall adopt rules and regulations
12    governing the procedures for the conduct of such lottery.
13    All candidates shall be certified in the order in which
14    their petitions have been filed. Where candidates have
15    filed simultaneously, they shall be certified in the order
16    determined by lot and prior to candidates who filed for the
17    same office at a later time.
18        (7) The State Board of Elections or the appropriate
19    election authority or local election official with whom
20    such a petition for nomination is filed shall notify the
21    person for whom a petition for nomination has been filed of
22    the obligation to file statements of organization, reports
23    of campaign contributions, and annual reports of campaign
24    contributions and expenditures under Article 9 of this Act.
25    Such notice shall be given in the manner prescribed by
26    paragraph (7) of Section 9-16 of this Code.

 

 

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1        (8) Nomination papers filed under this Section are not
2    valid if the candidate named therein fails to file a
3    statement of economic interests as required by the Illinois
4    Governmental Ethics Act in relation to his candidacy with
5    the appropriate officer by the end of the period for the
6    filing of nomination papers unless he has filed a statement
7    of economic interests in relation to the same governmental
8    unit with that officer within a year preceding the date on
9    which such nomination papers were filed. If the nomination
10    papers of any candidate and the statement of economic
11    interest of that candidate are not required to be filed
12    with the same officer, the candidate must file with the
13    officer with whom the nomination papers are filed a receipt
14    from the officer with whom the statement of economic
15    interests is filed showing the date on which such statement
16    was filed. Such receipt shall be so filed not later than
17    the last day on which nomination papers may be filed.
18        (9) Any person for whom a petition for nomination, or
19    for committeeman or for delegate or alternate delegate to a
20    national nominating convention has been filed may cause his
21    name to be withdrawn by request in writing, signed by him
22    and duly acknowledged before an officer qualified to take
23    acknowledgments of deeds, and filed in the principal or
24    permanent branch office of the State Board of Elections or
25    with the appropriate election authority or local election
26    official, not later than the date of certification of

 

 

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1    candidates for the consolidated primary or general primary
2    ballot. No names so withdrawn shall be certified or printed
3    on the primary ballot. If petitions for nomination have
4    been filed for the same person with respect to more than
5    one political party, his name shall not be certified nor
6    printed on the primary ballot of any party. If petitions
7    for nomination have been filed for the same person for 2 or
8    more offices which are incompatible so that the same person
9    could not serve in more than one of such offices if
10    elected, that person must withdraw as a candidate for all
11    but one of such offices within the 5 business days
12    following the last day for petition filing. A candidate in
13    a judicial election may file petitions for nomination for
14    only one vacancy in a subcircuit and only one vacancy in a
15    circuit in any one filing period, and if petitions for
16    nomination have been filed for the same person for 2 or
17    more vacancies in the same circuit or subcircuit in the
18    same filing period, his or her name shall be certified only
19    for the first vacancy for which the petitions for
20    nomination were filed. If he fails to withdraw as a
21    candidate for all but one of such offices within such time
22    his name shall not be certified, nor printed on the primary
23    ballot, for any office. For the purpose of the foregoing
24    provisions, an office in a political party is not
25    incompatible with any other office.
26        (10)(a) Notwithstanding the provisions of any other

 

 

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1    statute, no primary shall be held for an established
2    political party in any township, municipality, or ward
3    thereof, where the nomination of such party for every
4    office to be voted upon by the electors of such township,
5    municipality, or ward thereof, is uncontested. Whenever a
6    political party's nomination of candidates is uncontested
7    as to one or more, but not all, of the offices to be voted
8    upon by the electors of a township, municipality, or ward
9    thereof, then a primary shall be held for that party in
10    such township, municipality, or ward thereof; provided
11    that the primary ballot shall not include those offices
12    within such township, municipality, or ward thereof, for
13    which the nomination is uncontested. For purposes of this
14    Article, the nomination of an established political party
15    of a candidate for election to an office shall be deemed to
16    be uncontested where not more than the number of persons to
17    be nominated have timely filed valid nomination papers
18    seeking the nomination of such party for election to such
19    office.
20        (b) Notwithstanding the provisions of any other
21    statute, no primary election shall be held for an
22    established political party for any special primary
23    election called for the purpose of filling a vacancy in the
24    office of representative in the United States Congress
25    where the nomination of such political party for said
26    office is uncontested. For the purposes of this Article,

 

 

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1    the nomination of an established political party of a
2    candidate for election to said office shall be deemed to be
3    uncontested where not more than the number of persons to be
4    nominated have timely filed valid nomination papers
5    seeking the nomination of such established party for
6    election to said office. This subsection (b) shall not
7    apply if such primary election is conducted on a regularly
8    scheduled election day.
9        (c) Notwithstanding the provisions of any other law to
10    the contrary in subparagraph (a) and (b) of this paragraph
11    (10), whenever a person who has not timely filed valid
12    nomination papers and who intends to become a write-in
13    candidate for a political party's nomination for any office
14    for which the nomination is uncontested files a written
15    statement or notice of that intent with the State Board of
16    Elections or the local election official with whom
17    nomination papers for such office are filed, no primary
18    ballot shall be printed. Where no primary is held, a person
19    intending to become a write-in candidate at the
20    consolidated primary election shall re-file a declaration
21    of intent to be a write-in candidate for the consolidated
22    election with the appropriate election authority or
23    authorities a primary ballot shall be prepared and a
24    primary shall be held for that office. Such statement or
25    notice shall be filed on or before the date established in
26    this Article for certifying candidates for the primary

 

 

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1    ballot. Such statement or notice shall contain (i) the name
2    and address of the person intending to become a write-in
3    candidate, (ii) a statement that the person is a qualified
4    primary elector of the political party from whom the
5    nomination is sought, (iii) a statement that the person
6    intends to become a write-in candidate for the party's
7    nomination, and (iv) the office the person is seeking as a
8    write-in candidate. An election authority shall have no
9    duty to conduct a primary and prepare a primary ballot for
10    any office for which the nomination is uncontested unless a
11    statement or notice meeting the requirements of this
12    Section is filed in a timely manner.
13        (11) If multiple sets of nomination papers are filed
14    for a candidate to the same office, the State Board of
15    Elections, appropriate election authority or local
16    election official where the petitions are filed shall
17    within 2 business days notify the candidate of his or her
18    multiple petition filings and that the candidate has 3
19    business days after receipt of the notice to notify the
20    State Board of Elections, appropriate election authority
21    or local election official that he or she may cancel prior
22    sets of petitions. If the candidate notifies the State
23    Board of Elections, appropriate election authority or
24    local election official, the last set of petitions filed
25    shall be the only petitions to be considered valid by the
26    State Board of Elections, election authority or local

 

 

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1    election official. If the candidate fails to notify the
2    State Board of Elections, election authority or local
3    election official then only the first set of petitions
4    filed shall be valid and all subsequent petitions shall be
5    void.
6        (12) All nominating petitions shall be available for
7    public inspection and shall be preserved for a period of
8    not less than 6 months.
9(Source: P.A. 99-221, eff. 7-31-15.)
 
10    (10 ILCS 5/7-59)  (from Ch. 46, par. 7-59)
11    Sec. 7-59. (a) The person receiving the highest number of
12votes at a primary as a candidate of a party for the nomination
13for an office shall be the candidate of that party for such
14office, and his name as such candidate shall be placed on the
15official ballot at the election then next ensuing; provided,
16that where there are two or more persons to be nominated for
17the same office or board, the requisite number of persons
18receiving the highest number of votes shall be nominated and
19their names shall be placed on the official ballot at the
20following election.
21    Except as otherwise provided by Section 7-8 of this Act,
22the person receiving the highest number of votes of his party
23for State central committeeman of his congressional district
24shall be declared elected State central committeeman from said
25congressional district.

 

 

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1    Unless a national political party specifies that delegates
2and alternate delegates to a National nominating convention be
3allocated by proportional selection representation according
4to the results of a Presidential preference primary, the
5requisite number of persons receiving the highest number of
6votes of their party for delegates and alternate delegates to
7National nominating conventions from the State at large, and
8the requisite number of persons receiving the highest number of
9votes of their party for delegates and alternate delegates to
10National nominating conventions in their respective
11congressional districts shall be declared elected delegates
12and alternate delegates to the National nominating conventions
13of their party.
14    A political party which elects the members to its State
15Central Committee by Alternative B under paragraph (a) of
16Section 7-8 shall select its congressional district delegates
17and alternate delegates to its national nominating convention
18by proportional selection representation according to the
19results of a Presidential preference primary in each
20congressional district in the manner provided by the rules of
21the national political party and the State Central Committee,
22when the rules and policies of the national political party so
23require.
24    A political party which elects the members to its State
25Central Committee by Alternative B under paragraph (a) of
26Section 7-8 shall select its at large delegates and alternate

 

 

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1delegates to its national nominating convention by
2proportional selection representation according to the results
3of a Presidential preference primary in the whole State in the
4manner provided by the rules of the national political party
5and the State Central Committee, when the rules and policies of
6the national political party so require.
7    The person receiving the highest number of votes of his
8party for precinct committeeman of his precinct shall be
9declared elected precinct committeeman from said precinct.
10    The person receiving the highest number of votes of his
11party for township committeeman of his township or part of a
12township as the case may be, shall be declared elected township
13committeeman from said township or part of a township as the
14case may be. In cities where ward committeemen are elected, the
15person receiving the highest number of votes of his party for
16ward committeeman of his ward shall be declared elected ward
17committeeman from said ward.
18    When two or more persons receive an equal and the highest
19number of votes for the nomination for the same office or for
20committeeman of the same political party, or where more than
21one person of the same political party is to be nominated as a
22candidate for office or committeeman, if it appears that more
23than the number of persons to be nominated for an office or
24elected committeeman have the highest and an equal number of
25votes for the nomination for the same office or for election as
26committeeman, the election authority by which the returns of

 

 

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1the primary are canvassed shall decide by lot which of said
2persons shall be nominated or elected, as the case may be. In
3such case the election authority shall issue notice in writing
4to such persons of such tie vote stating therein the place, the
5day (which shall not be more than 5 days thereafter) and the
6hour when such nomination or election shall be so determined.
7    (b) Write-in votes shall be counted only for persons who
8have filed notarized declarations of intent to be write-in
9candidates with the proper election authority or authorities no
10more than 106 days before, and not later than 61 days prior to
11the primary. However, whenever an objection to a candidate's
12nominating papers or petitions for any office is sustained
13under Section 10-10 after the 61st day before the election,
14then write-in votes shall be counted for that candidate if he
15or she has filed a notarized declaration of intent to be a
16write-in candidate for that office with the proper election
17authority or authorities not later than 7 days prior to the
18election.
19    Forms for the declaration of intent to be a write-in
20candidate shall be supplied by the election authorities. A
21declaration of intent to be a write-in candidate shall include:
22        (1) the name and address of the person intending to
23    become a write-in candidate;
24        (2) the office sought;
25        (3) the date of the election; and
26        (4) the notarized signature of the candidate or

 

 

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1    candidates.
2        A declaration of intent to be a write-in candidate that
3    does not include the information required by paragraphs (1)
4    through (4) shall not be accepted.
5        Persons intending to become write-in candidates for
6    the offices of President of the United States and Vice
7    President of the United States or Governor and Lieutenant
8    Governor shall file one joint declaration of intent to be a
9    write-in candidate that identifies the candidate for each
10    office. Such declaration shall specify the office for which
11    the person seeks nomination or election as a write-in
12    candidate.
13    The election authority or authorities shall deliver a list
14of all persons who have filed such declarations to the election
15judges in the appropriate precincts prior to the primary.
16    (c) (1) Notwithstanding any other provisions of this
17Section, where the number of candidates whose names have been
18printed on a party's ballot for nomination for or election to
19an office at a primary is less than the number of persons the
20party is entitled to nominate for or elect to the office at the
21primary, a person whose name was not printed on the party's
22primary ballot as a candidate for nomination for or election to
23the office, is not nominated for or elected to that office as a
24result of a write-in vote at the primary unless the number of
25votes he received equals or exceeds the number of signatures
26required on a petition for nomination for that office; or

 

 

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1unless the number of votes he receives exceeds the number of
2votes received by at least one of the candidates whose names
3were printed on the primary ballot for nomination for or
4election to the same office.
5    (2) Paragraph (1) of this subsection does not apply where
6the number of candidates whose names have been printed on the
7party's ballot for nomination for or election to the office at
8the primary equals or exceeds the number of persons the party
9is entitled to nominate for or elect to the office at the
10primary.
11(Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
 
12    (10 ILCS 5/13-1)  (from Ch. 46, par. 13-1)
13    Sec. 13-1. In counties not under township organization, the
14county board of commissioners shall at its meeting in July in
15each even-numbered year appoint in each election precinct 5
16capable and discreet persons meeting the qualifications of
17Section 13-4 to be judges of election. Where neither voting
18machines nor electronic, mechanical or electric voting systems
19are used, the county board may, for any precinct with respect
20to which the board considers such action necessary or desirable
21in view of the number of voters, and shall for general
22elections for any precinct containing more than 600 registered
23voters, appoint in addition to the 5 judges of election a team
24of 5 tally judges. In such precincts the judges of election
25shall preside over the election during the hours the polls are

 

 

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1open, and the tally judges, with the assistance of the holdover
2judges designated pursuant to Section 13-6.2, shall count the
3vote after the closing of the polls. However, the County Board
4of Commissioners may appoint 3 judges of election to serve in
5lieu of the 5 judges of election otherwise required by this
6Section (1) to serve in any emergency referendum, or in any
7odd-year regular election or in any special primary or special
8election called for the purpose of filling a vacancy in the
9office of representative in the United States Congress or to
10nominate candidates for such purpose or (2) if the county board
11passes an ordinance to reduce the number of judges of election
12to 3 for primary elections. In addition, an election authority
13may reduce the number of judges of election in each precinct
14from 5 to 3 for any election. The tally judges shall possess
15the same qualifications and shall be appointed in the same
16manner and with the same division between political parties as
17is provided for judges of election.
18    In addition to such precinct judges, the county board of
19commissioners shall appoint special panels of 3 judges each,
20who shall possess the same qualifications and shall be
21appointed in the same manner and with the same division between
22political parties as is provided for other judges of election.
23The number of such panels of judges required shall be
24determined by regulations of the State Board of Elections which
25shall base the required numbers of special panels on the number
26of registered voters in the jurisdiction or the number of vote

 

 

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1by mail ballots voted at recent elections, or any combination
2of such factors.
3    Such appointment shall be confirmed by the court as
4provided in Section 13-3 of this Article. No more than 3
5persons of the same political party shall be appointed judges
6of the same election precinct or election judge panel. The
7appointment shall be made in the following manner: The county
8board of commissioners shall select and approve 3 persons as
9judges of election in each election precinct from a certified
10list, furnished by the chairman of the County Central Committee
11of the first leading political party in such precinct; and the
12county board of commissioners shall also select and approve 2
13persons as judges of election in each election precinct from a
14certified list, furnished by the chairman of the County Central
15Committee of the second leading political party. However, if
16only 3 judges of election serve in each election precinct, no
17more than 2 persons of the same political party shall be judges
18of election in the same election precinct; and which political
19party is entitled to 2 judges of election and which political
20party is entitled to one judge of election shall be determined
21in the same manner as set forth in the next two preceding
22sentences with regard to 5 election judges in each precinct.
23Such certified list shall be filed with the county clerk not
24less than 10 days before the annual meeting of the county board
25of commissioners. Such list shall be arranged according to
26precincts. The chairman of each county central committee shall,

 

 

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1insofar as possible, list persons who reside within the
2precinct in which they are to serve as judges. However, he may,
3in his sole discretion, submit the names of persons who reside
4outside the precinct but within the county embracing the
5precinct in which they are to serve. He must, however, submit
6the names of at least 2 residents of the precinct for each
7precinct in which his party is to have 3 judges and must submit
8the name of at least one resident of the precinct for each
9precinct in which his party is to have 2 judges. The county
10board of commissioners shall acknowledge in writing to each
11county chairman the names of all persons submitted on such
12certified list and the total number of persons listed thereon.
13If no such list is filed or such list is incomplete (that is,
14no names or an insufficient number of names are furnished for
15certain election precincts), the county board of commissioners
16shall make or complete such list from the names contained in
17the supplemental list provided for in Section 13-1.1. The
18election judges shall hold their office for 2 years from their
19appointment, and until their successors are duly appointed in
20the manner provided in this Act. The county board of
21commissioners shall fill all vacancies in the office of judge
22of election at any time in the manner provided in this Act.
23(Source: P.A. 100-337, eff. 8-25-17.)
 
24    (10 ILCS 5/13-2)  (from Ch. 46, par. 13-2)
25    Sec. 13-2. In counties under the township organization the

 

 

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1county board shall at its meeting in July in each even-numbered
2year except in counties containing a population of 3,000,000
3inhabitants or over and except when such judges are appointed
4by election commissioners, select in each election precinct in
5the county, 5 capable and discreet persons to be judges of
6election who shall possess the qualifications required by this
7Act for such judges. Where neither voting machines nor
8electronic, mechanical or electric voting systems are used, the
9county board may, for any precinct with respect to which the
10board considers such action necessary or desirable in view of
11the number of voters, and shall for general elections for any
12precinct containing more than 600 registered voters, appoint in
13addition to the 5 judges of election a team of 5 tally judges.
14In such precincts the judges of election shall preside over the
15election during the hours the polls are open, and the tally
16judges, with the assistance of the holdover judges designated
17pursuant to Section 13-6.2, shall count the vote after the
18closing of the polls. The tally judges shall possess the same
19qualifications and shall be appointed in the same manner and
20with the same division between political parties as is provided
21for judges of election.
22    However, the county board may appoint 3 judges of election
23to serve in lieu of the 5 judges of election otherwise required
24by this Section (1) to serve in any emergency referendum, or in
25any odd-year regular election or in any special primary or
26special election called for the purpose of filling a vacancy in

 

 

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1the office of representative in the United States Congress or
2to nominate candidates for such purpose or (2) if the county
3board passes an ordinance to reduce the number of judges of
4election to 3 for primary elections. In addition, an election
5authority may reduce the number of judges of election in each
6precinct from 5 to 3 for any election.
7    In addition to such precinct judges, the county board shall
8appoint special panels of 3 judges each, who shall possess the
9same qualifications and shall be appointed in the same manner
10and with the same division between political parties as is
11provided for other judges of election. The number of such
12panels of judges required shall be determined by regulations of
13the State Board of Elections, which shall base the required
14number of special panels on the number of registered voters in
15the jurisdiction or the number of absentee ballots voted at
16recent elections or any combination of such factors.
17    No more than 3 persons of the same political party shall be
18appointed judges in the same election district or undivided
19precinct. The election of the judges of election in the various
20election precincts shall be made in the following manner: The
21county board shall select and approve 3 of the election judges
22in each precinct from a certified list furnished by the
23chairman of the County Central Committee of the first leading
24political party in such election precinct and shall also select
25and approve 2 judges of election in each election precinct from
26a certified list furnished by the chairman of the County

 

 

10000SB2651sam001- 36 -LRB100 17081 LNS 39026 a

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

 

 

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1to each county chairman the names of all persons submitted on
2such certified list and the total number of persons listed
3thereon. If no such list is filed or the list is incomplete
4(that is, no names or an insufficient number of names are
5furnished for certain election precincts), the county board
6shall make or complete such list from the names contained in
7the supplemental list provided for in Section 13-1.1. Provided,
8further, that in any case where a township has been or shall be
9redistricted, in whole or in part, subsequent to one general
10election for Governor, and prior to the next, the judges of
11election to be selected for all new or altered precincts shall
12be selected in that one of the methods above detailed, which
13shall be applicable according to the facts and circumstances of
14the particular case, but the majority of such judges for each
15such precinct shall be selected from the first leading
16political party, and the minority judges from the second
17leading political party. Provided, further, that in counties
18having a population of 3,000,000 inhabitants or over the
19selection of judges of election shall be made in the same
20manner in all respects as in other counties, except that the
21provisions relating to tally judges are inapplicable to such
22counties and except that the county board shall meet during the
23month of January for the purpose of making such selection, each
24township committeeperson shall assume the responsibilities
25given to the chairman of the county central committee in this
26Section for the precincts within his or her township, and the

 

 

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1township committeeperson shall notify the county board by the
2preceding October 1 whether or not the certified list will be
3filed. Such judges of election shall hold their office for 2
4years from their appointment and until their successors are
5duly appointed in the manner provided in this Act. The county
6board shall fill all vacancies in the office of judges of
7elections at any time in the manner herein provided.
8    Such selections under this Section shall be confirmed by
9the circuit court as provided in Section 13-3 of this Article.
10(Source: P.A. 100-337, eff. 8-25-17.)
 
11    (10 ILCS 5/14-1)  (from Ch. 46, par. 14-1)
12    Sec. 14-1. (a) The board of election commissioners
13established or existing under Article 6 shall, at the time and
14in the manner provided in Section 14-3.1, select and choose no
15less than 3 5 persons, men or women, as judges of election for
16each precinct in such city, village or incorporated town.
17    Where neither voting machines nor electronic, mechanical
18or electric voting systems are used, the board of election
19commissioners may, for any precinct with respect to which the
20board considers such action necessary or desirable in view of
21the number of voters, and shall for general elections for any
22precinct containing more than 600 registered voters, appoint in
23addition to the 5 judges of election chosen under this
24subsection a team of 5 tally judges. In such precincts the
25judges of election shall preside over the election during the

 

 

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1hours the polls are open, and the tally judges, with the
2assistance of the holdover judges designated pursuant to
3Section 14-5.2, shall count the vote after the closing of the
4polls. The tally judges shall possess the same qualifications
5and shall be appointed in the same manner and with the same
6division between political parties as is provided for judges of
7election. The foregoing provisions relating to the appointment
8of tally judges are inapplicable in counties with a population
9of 1,000,000 or more.
10    (b) To qualify as judges the persons must:
11        (1) be citizens of the United States;
12        (2) be of good repute and character and not subject to
13    the registration requirement of the Sex Offender
14    Registration Act;
15        (3) be able to speak, read and write the English
16    language;
17        (4) be skilled in the 4 fundamental rules of
18    arithmetic;
19        (5) be of good understanding and capable;
20        (6) not be candidates for any office at the election
21    and not be elected committeemen;
22        (7) reside and be entitled to vote in the precinct in
23    which they are selected to serve, except that in each
24    precinct not more than one judge of each party may be
25    appointed from outside such precinct. Any judge so
26    appointed to serve in any precinct in which he is not

 

 

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1    entitled to vote must be entitled to vote elsewhere within
2    the county which encompasses the precinct in which such
3    judge is appointed and such judge must otherwise meet the
4    qualifications of this Section, except as provided in
5    subsection (c) or (c-5).
6    (c) An election authority may establish a program to permit
7a person who is not entitled to vote to be appointed as an
8election judge if, as of the date of the election at which the
9person serves as a judge, he or she:
10        (1) is a U.S. citizen;
11        (2) is a junior or senior in good standing enrolled in
12    a public or private secondary school;
13        (3) has a cumulative grade point average equivalent to
14    at least 3.0 on a 4.0 scale;
15        (4) has the written approval of the principal of the
16    secondary school he or she attends at the time of
17    appointment;
18        (5) has the written approval of his or her parent or
19    legal guardian;
20        (6) has satisfactorily completed the training course
21    for judges of election described in Sections 13-2.1,
22    13-2.2, and 14-4.1; and
23        (7) meets all other qualifications for appointment and
24    service as an election judge.
25    No more than one election judge qualifying under this
26subsection may serve per political party per precinct. Prior to

 

 

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1appointment, a judge qualifying under this subsection must
2certify in writing to the election authority the political
3party the judge chooses to affiliate with.
4    Students appointed as election judges under this
5subsection shall not be counted as absent from school on the
6day they serve as judges.
7    (c-5) An election authority may establish a program to
8permit a person who is not entitled to vote in that precinct or
9county to be appointed as an election judge if, as of the date
10of the election at which the person serves as a judge, he or
11she:
12        (1) is a U.S. citizen;
13        (2) is currently enrolled in a community college, as
14    defined in the Public Community College Act, or a public or
15    private Illinois university or college;
16        (3) has a cumulative grade point average equivalent to
17    at least 3.0 on a 4.0 scale;
18        (4) has satisfactorily completed the training course
19    for judges of election described in Sections 13-2.1,
20    13-2.2, and 14-4.1; and
21        (5) meets all other qualifications for appointment and
22    service as an election judge.
23    No more than one election judge qualifying under this
24subsection may serve per political party per precinct. Prior to
25appointment, a judge qualifying under this subsection must
26certify in writing to the election authority the political

 

 

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1party the judge chooses to affiliate with.
2    Students appointed as election judges under this
3subsection shall not be counted as absent from school on the
4day they serve as judges.
5    (d) The board of election commissioners may select 2
6additional judges of election, one from each of the major
7political parties, for each 200 voters in excess of 600 in any
8precinct having more than 600 voters as authorized by Section
911-3. These additional judges must meet the qualifications
10prescribed in this Section.
11(Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09;
1296-328, eff. 8-11-09.)
 
13    (10 ILCS 5/17-16.1)  (from Ch. 46, par. 17-16.1)
14    Sec. 17-16.1. Write-in votes shall be counted only for
15persons who have filed notarized declarations of intent to be
16write-in candidates with the proper election authority or
17authorities no more than 106 days before, and not later than 61
18days prior to the election. However, whenever an objection to a
19candidate's nominating papers or petitions for any office is
20sustained under Section 10-10 after the 61st day before the
21election, then write-in votes shall be counted for that
22candidate if he or she has filed a notarized declaration of
23intent to be a write-in candidate for that office with the
24proper election authority or authorities not later than 7 days
25prior to the election.

 

 

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1    Forms for the declaration of intent to be a write-in
2candidate shall be supplied by the election authorities. A
3declaration of intent to be a write-in candidate shall include:
4        (1) the name and address of the person intending to
5    become a write-in candidate;
6        (2) the office sought;
7        (3) the date of the election; and
8        (4) the notarized signature of the candidate or
9    candidates.
10        A declaration of intent to be a write-in candidate that
11    does not include the information required by paragraphs (1)
12    through (4) shall not be accepted.
13        Persons intending to become write-in candidates for
14    the offices of President of the United States and Vice
15    President of the United States or Governor and Lieutenant
16    Governor shall file one joint declaration of intent to be a
17    write-in candidate that identifies the candidate for each
18    office. A vote cast for either candidate shall constitute a
19    valid write-in vote for the team of candidates. Such
20    declaration shall specify the office for which the person
21    seeks election as a write-in candidate.
22    The election authority or authorities shall deliver a list
23of all persons who have filed such declarations to the election
24judges in the appropriate precincts prior to the election.
25    A candidate for whom a nomination paper has been filed as a
26partisan candidate at a primary election, and who is defeated

 

 

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1for his or her nomination at the primary election is ineligible
2to file a declaration of intent to be a write-in candidate for
3election in that general or consolidated election.
4    A candidate seeking election to an office for which
5candidates of political parties are nominated by caucus who is
6a participant in the caucus and who is defeated for his or her
7nomination at such caucus is ineligible to file a declaration
8of intent to be a write-in candidate for election in that
9general or consolidated election.
10    A candidate seeking election to an office for which
11candidates are nominated at a primary election on a nonpartisan
12basis and who is defeated for his or her nomination at the
13primary election is ineligible to file a declaration of intent
14to be a write-in candidate for election in that general or
15consolidated election.
16    Nothing in this Section shall be construed to apply to
17votes cast under the provisions of subsection (b) of Section
1816-5.01.
19(Source: P.A. 95-699, eff. 11-9-07.)
 
20    (10 ILCS 5/18-9.1)  (from Ch. 46, par. 18-9.1)
21    Sec. 18-9.1. Write-in votes shall be counted only for
22persons who have filed notarized declarations of intent to be
23write-in candidates with the proper election authority or
24authorities no more than 106 days before, and not later than 61
25days prior to the election. However, whenever an objection to a

 

 

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1candidate's nominating papers or petitions is sustained under
2Section 10-10 after the 61st day before the election, then
3write-in votes shall be counted for that candidate if he or she
4has filed a notarized declaration of intent to be a write-in
5candidate for that office with the proper election authority or
6authorities not later than 7 days prior to the election.
7    Forms for the declaration of intent to be a write-in
8candidate shall be supplied by the election authorities. A
9declaration of intent to be a write-in candidate shall include:
10        (1) the name and address of the person intending to
11    become a write-in candidate;
12        (2) the office sought;
13        (3) the date of the election; and
14        (4) the notarized signature of the candidate or
15    candidates.
16        A declaration of intent to be a write-in candidate that
17    does not include the information required by paragraphs (1)
18    through (4) shall not be accepted.
19        Persons intending to become write-in candidates for
20    the offices of President of the United States and Vice
21    President of the United States or Governor and Lieutenant
22    Governor shall file one joint declaration of intent to be a
23    write-in candidate that identifies the candidate for each
24    office. A vote cast for either candidate shall constitute a
25    valid write-in vote for the team of candidates. Such
26    declaration shall specify the office for which the person

 

 

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1    seeks election as a write-in candidate.
2    The election authority or authorities shall deliver a list
3of all persons who have filed such declarations to the election
4judges in the appropriate precincts prior to the election.
5    A candidate for whom a nomination paper has been filed as a
6partisan candidate at a primary election, and who is defeated
7for his or her nomination at the primary election, is
8ineligible to file a declaration of intent to be a write-in
9candidate for election in that general or consolidated
10election.
11    A candidate seeking election to an office for which
12candidates of political parties are nominated by caucus who is
13a participant in the caucus and who is defeated for his or her
14nomination at such caucus is ineligible to file a declaration
15of intent to be a write-in candidate for election in that
16general or consolidated election.
17    A candidate seeking election to an office for which
18candidates are nominated at a primary election on a nonpartisan
19basis and who is defeated for his or her nomination at the
20primary election is ineligible to file a declaration of intent
21to be a write-in candidate for election in that general or
22consolidated election.
23    Nothing in this Section shall be construed to apply to
24votes cast under the provisions of subsection (b) of Section
2516-5.01.
26(Source: P.A. 95-699, eff. 11-9-07.)
 

 

 

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1    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)
2    Sec. 19-3. The application for vote by mail ballot shall be
3substantially in the following form:
4
APPLICATION FOR VOTE BY MAIL BALLOT
5    To be voted at the .... election in the County of .... and
6State of Illinois, in the .... precinct of the (1) *township of
7.... (2) *City of .... or (3) *.... ward in the City of ....
8    I state that I am a resident of the .... precinct of the
9(1) *township of .... (2) *City of .... or (3) *.... ward in
10the city of .... residing at .... in such city or town in the
11county of .... and State of Illinois; that I have lived at such
12address for .... month(s) last past; that I am lawfully
13entitled to vote in such precinct at the .... election to be
14held therein on ....; and that I wish to vote by vote by mail
15ballot.
16    I hereby make application for an official ballot or ballots
17to be voted by me at such election, and I agree that I shall
18return such ballot or ballots to the official issuing the same
19prior to the closing of the polls on the date of the election
20or, if returned by mail, postmarked no later than election day,
21for counting no later than during the period for counting
22provisional ballots, the last day of which is the 14th day
23following election day.
24    I understand that this application is made for an official
25vote by mail ballot or ballots to be voted by me at the

 

 

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1election specified in this application and that I must submit a
2separate application for an official vote by mail ballot or
3ballots to be voted by me at any subsequent election.
4    Under penalties as provided by law pursuant to Section
529-10 of the Election Code, the undersigned certifies that the
6statements set forth in this application are true and correct.
7
....
8
*fill in either (1), (2) or (3).
9
Post office address to which ballot is mailed:
10...............
11    However, if application is made for a primary election
12ballot, such application shall require the applicant to
13designate the name of the political party with which the
14applicant is affiliated.
15    If application is made electronically, the applicant shall
16mark the box associated with the above described statement
17included as part of the online application certifying that the
18statements set forth in this application are true and correct,
19and a signature is not required.
20    Any person may produce, reproduce, distribute, or return to
21an election authority the application for vote by mail ballot.
22Any campaign, party, or other organization or individual that
23engages in a vote by mail operation in which voters are sent
24applications for vote by mail ballots shall also provide the
25voter with a return envelope addressed only to the appropriate
26local election authority for that registered voter. Removing,

 

 

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1tampering with, or otherwise knowingly making the postmark on
2the application unreadable by the election authority shall
3establish a rebuttable presumption of a violation of this
4paragraph. Upon receipt, the appropriate election authority
5shall accept and promptly process any application for vote by
6mail ballot submitted in a form substantially similar to that
7required by this Section, including any substantially similar
8production or reproduction generated by the applicant.
9(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15;
1099-522, eff. 6-30-16.)
 
11    (10 ILCS 5/22-19 new)
12    Sec. 22-19. Risk-limiting election audits.
13    (a) Notwithstanding any other provision of law, an election
14authority is authorized to conduct a risk-limiting audit before
15the certification of the results of an election as provided
16under Section 22-18. The determination to conduct a
17risk-limiting audit, the scope of an audit, and the uses of the
18results of an audit are entirely within the discretion of the
19election authority. The provisions of the law regarding the
20anonymity of the ballot and chain of custody shall be observed
21in any process conducted under this subsection (a).
22    (b) Notwithstanding any other provision of law, an election
23authority is authorized to conduct a risk-limiting audit after
24the results of an election have been certified and the period
25for filing an election contest has expired. The determination

 

 

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1to conduct a risk-limiting audit, the scope of an audit, and
2the uses of the results of an audit are entirely within the
3discretion of the election authority.
4    (c) The State Board of Elections shall adopt rules to
5create a certification process for certifying that the
6procedure to be used by an election authority comports with the
7requirements of this Section, uses generally-accepted
8statistical methods, and meets the standards for best practices
9to insure statistically sound results. Upon application by an
10election authority, accompanied by a sufficient showing of the
11statistical soundness of an election authority's risk-limiting
12audit methods, the State Board of Elections may waive the
13certification process requirement for that election authority,
14notwithstanding the rules adopted under this subsection (c).
15    (d) For the purposes of this Section, "risk-limiting audit"
16means a process of examining election materials, including
17ballots, under an audit protocol that makes use of statistical
18methods and is designed to limit the risk of the certification
19of an incorrect election outcome. The method used in a
20risk-limiting audit shall be capable of producing an outcome
21that demonstrates a strong statistical likelihood that the
22outcome of an election is correct.".