Illinois General Assembly - Full Text of SB0536
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Full Text of SB0536  102nd General Assembly

SB0536ham002 102ND GENERAL ASSEMBLY

Rep. Katie Stuart

Filed: 10/28/2021

 

 


 

 


 
10200SB0536ham002LRB102 12960 HLH 30333 a

1
AMENDMENT TO SENATE BILL 536

2    AMENDMENT NO. ______. Amend Senate Bill 536, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Election Code is amended by changing
6Sections 1A-16, 2A-1.1b, 9-8.5, 9-10, 11-2, 11-3, 11-4.2,
711-8, 19-2, 19-2.5, and 19-6 and by adding Section 1-19 as
8follows:
 
9    (10 ILCS 5/1-19 new)
10    Sec. 1-19. Access to Voting for Persons with Disabilities
11Advisory Task Force.
12    (a) The Access to Voting for Persons with Disabilities
13Advisory Task Force is hereby created to review current laws
14and make recommendations to improve access to voting for
15persons with disabilities. Members of the Task Force shall be
16appointed as follows:

 

 

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1        (1) Three members appointed by the Governor, one of
2    whom shall serve as chair, and at least one with
3    experience representing or working with persons with
4    physical disabilities and one with experience representing
5    or working with person with neurological or mental
6    disabilities;
7        (2) Three members appointed by the President of the
8    Senate, including at least one attorney with election law
9    experience;
10        (3) Three members appointed by the Senate Minority
11    Leader, including at least one attorney with election law
12    experience;
13        (4) Three members appointed by the Speaker of the
14    House of Representatives, including at least one attorney
15    with election law experience;
16        (5) Three members appointed by the Minority Leader of
17    the House of Representatives, including at least one
18    attorney with election law experience.
19    (b) The Task Force shall hold a minimum of 4 meetings. No
20later than August 1, 2022, the Task Force shall produce and the
21State Board of Elections shall publish on its website a report
22with a summary of the laws and resources available for persons
23with disabilities seeking to exercise their right to vote. The
24Task Force shall produce a report with recommendations for
25changes to current law or recommendations for election
26authorities submit the report to the Governor and General

 

 

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1Assembly no later than December 15, 2022.
2    (c) The Members shall serve without compensation. If a
3vacancy occurs on the Task Force, it shall be filled according
4to the guidelines of the initial appointment. At the
5discretion of the chair, additional individuals may
6participate as non-voting members in the meetings of the Task
7Force.
8    (d) The State Board of Elections shall provide staff and
9administrative support to the Task Force.
10    (e) This Section is repealed on January 1, 2024.
 
11    (10 ILCS 5/1A-16)
12    (Text of Section before amendment by P.A. 102-292)
13    Sec. 1A-16. Voter registration information; Internet
14posting; processing of voter registration forms; content of
15such forms. Notwithstanding any law to the contrary, the
16following provisions shall apply to voter registration under
17this Code.
18    (a) Voter registration information; Internet posting of
19voter registration form. Within 90 days after August 21, 2003
20(the effective date of Public Act 93-574), the State Board of
21Elections shall post on its World Wide Web site the following
22information:
23        (1) A comprehensive list of the names, addresses,
24    phone numbers, and websites, if applicable, of all county
25    clerks and boards of election commissioners in Illinois.

 

 

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1        (2) A schedule of upcoming elections and the deadline
2    for voter registration.
3        (3) A downloadable, printable voter registration form,
4    in at least English and in Spanish versions, that a person
5    may complete and mail or submit to the State Board of
6    Elections or the appropriate county clerk or board of
7    election commissioners.
8Any forms described under paragraph (3) must state the
9following:
10        If you do not have a driver's license or social
11    security number, and this form is submitted by mail, and
12    you have never registered to vote in the jurisdiction you
13    are now registering in, then you must send, with this
14    application, either (i) a copy of a current and valid
15    photo identification, or (ii) a copy of a current utility
16    bill, bank statement, government check, paycheck, or other
17    government document that shows the name and address of the
18    voter. If you do not provide the information required
19    above, then you will be required to provide election
20    officials with either (i) or (ii) described above the
21    first time you vote at a voting place.
22    (b) Acceptance of registration forms by the State Board of
23Elections and county clerks and board of election
24commissioners. The State Board of Elections, county clerks,
25and board of election commissioners shall accept all completed
26voter registration forms described in subsection (a)(3) of

 

 

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1this Section and Sections 1A-17 and 1A-30 that are:
2        (1) postmarked on or before the day that voter
3    registration is closed under this Code;
4        (2) not postmarked, but arrives no later than 5 days
5    after the close of registration;
6        (3) submitted in person by a person using the form on
7    or before the day that voter registration is closed under
8    this Code; or
9        (4) submitted in person by a person who submits one or
10    more forms on behalf of one or more persons who used the
11    form on or before the day that voter registration is
12    closed under this Code.
13    Upon the receipt of a registration form, the State Board
14of Elections shall mark the date on which the form was received
15and send the form via first class mail to the appropriate
16county clerk or board of election commissioners, as the case
17may be, within 2 business days based upon the home address of
18the person submitting the registration form. The county clerk
19and board of election commissioners shall accept and process
20any form received from the State Board of Elections.
21    (c) Processing of registration forms by county clerks and
22boards of election commissioners. The county clerk or board of
23election commissioners shall promulgate procedures for
24processing the voter registration form.
25    (d) Contents of the voter registration form. The State
26Board shall create a voter registration form, which must

 

 

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1contain the following content:
2        (1) Instructions for completing the form.
3        (2) A summary of the qualifications to register to
4    vote in Illinois.
5        (3) Instructions for mailing in or submitting the form
6    in person.
7        (4) The phone number for the State Board of Elections
8    should a person submitting the form have questions.
9        (5) A box for the person to check that explains one of
10    3 reasons for submitting the form:
11            (a) new registration;
12            (b) change of address; or
13            (c) change of name.
14        (6) a box for the person to check yes or no that asks,
15    "Are you a citizen of the United States?", a box for the
16    person to check yes or no that asks, "Will you be 18 years
17    of age on or before election day?", and a statement of "If
18    you checked 'no' in response to either of these questions,
19    then do not complete this form.".
20        (7) A space for the person to fill in his or her home
21    telephone number.
22        (8) Spaces for the person to fill in his or her first,
23    middle, and last names, street address (principal place of
24    residence), county, city, state, and zip code.
25        (9) Spaces for the person to fill in his or her mailing
26    address, city, state, and zip code if different from his

 

 

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1    or her principal place of residence.
2        (10) A space for the person to fill in his or her
3    Illinois driver's license number if the person has a
4    driver's license.
5        (11) A space for a person without a driver's license
6    to fill in the last four digits of his or her social
7    security number if the person has a social security
8    number.
9        (12) A space for a person without an Illinois driver's
10    license to fill in his or her identification number from
11    his or her State Identification card issued by the
12    Secretary of State.
13        (13) A space for the person to fill the name appearing
14    on his or her last voter registration, the street address
15    of his or her last registration, including the city,
16    county, state, and zip code.
17        (14) A space where the person swears or affirms the
18    following under penalty of perjury with his or her
19    signature:
20            (a) "I am a citizen of the United States.";
21            (b) "I will be at least 18 years old on or before
22        the next election.";
23            (c) "I will have lived in the State of Illinois and
24        in my election precinct at least 30 days as of the date
25        of the next election."; and
26            (d) "The information I have provided is true to

 

 

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1        the best of my knowledge under penalty of perjury. If I
2        have provided false information, then I may be fined,
3        imprisoned, or, if I am not a U.S. citizen, deported
4        from or refused entry into the United States.".
5        (15) A space for the person to fill in his or her
6    e-mail address if he or she chooses to provide that
7    information.
8    (d-5) Compliance with federal law; rulemaking authority.
9The voter registration form described in this Section shall be
10consistent with the form prescribed by the Federal Election
11Commission under the National Voter Registration Act of 1993,
12P.L. 103-31, as amended from time to time, and the Help America
13Vote Act of 2002, P.L. 107-252, in all relevant respects. The
14State Board of Elections shall periodically update the form
15based on changes to federal or State law. The State Board of
16Elections shall promulgate any rules necessary for the
17implementation of this Section; provided that the rules
18comport with the letter and spirit of the National Voter
19Registration Act of 1993 and Help America Vote Act of 2002 and
20maximize the opportunity for a person to register to vote.
21    (d-10) No later than 90 days after the 2022 general
22election, the State Board of Elections shall permit applicants
23to choose between "male", "female", or "non-binary" when
24designating the applicant's sex on the voter registration
25form.
26    (e) Forms available in paper form. The State Board of

 

 

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1Elections shall make the voter registration form available in
2regular paper stock and form in sufficient quantities for the
3general public. The State Board of Elections may provide the
4voter registration form to the Secretary of State, county
5clerks, boards of election commissioners, designated agencies
6of the State of Illinois, and any other person or entity
7designated to have these forms by this Code in regular paper
8stock and form or some other format deemed suitable by the
9Board. Each county clerk or board of election commissioners
10has the authority to design and print its own voter
11registration form so long as the form complies with the
12requirements of this Section. The State Board of Elections,
13county clerks, boards of election commissioners, or other
14designated agencies of the State of Illinois required to have
15these forms under this Code shall provide a member of the
16public with any reasonable number of forms that he or she may
17request. Nothing in this Section shall permit the State Board
18of Elections, county clerk, board of election commissioners,
19or other appropriate election official who may accept a voter
20registration form to refuse to accept a voter registration
21form because the form is printed on photocopier or regular
22paper stock and form.
23    (f) (Blank).
24(Source: P.A. 100-863, eff. 8-14-18.)
 
25    (Text of Section after amendment by P.A. 102-292)

 

 

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1    Sec. 1A-16. Voter registration information; Internet
2posting; processing of voter registration forms; content of
3such forms. Notwithstanding any law to the contrary, the
4following provisions shall apply to voter registration under
5this Code.
6    (a) Voter registration information; Internet posting of
7voter registration form. Within 90 days after August 21, 2003
8(the effective date of Public Act 93-574), the State Board of
9Elections shall post on its World Wide Web site the following
10information:
11        (1) A comprehensive list of the names, addresses,
12    phone numbers, and websites, if applicable, of all county
13    clerks and boards of election commissioners in Illinois.
14        (2) A schedule of upcoming elections and the deadline
15    for voter registration.
16        (3) A downloadable, printable voter registration form,
17    in at least English and in Spanish versions, that a person
18    may complete and mail or submit to the State Board of
19    Elections or the appropriate county clerk or board of
20    election commissioners.
21Any forms described under paragraph (3) must state the
22following:
23        If you do not have a driver's license or social
24    security number, and this form is submitted by mail, and
25    you have never registered to vote in the jurisdiction you
26    are now registering in, then you must send, with this

 

 

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1    application, either (i) a copy of a current and valid
2    photo identification, or (ii) a copy of a current utility
3    bill, bank statement, government check, paycheck, or other
4    government document that shows the name and address of the
5    voter. If you do not provide the information required
6    above, then you will be required to provide election
7    officials with either (i) or (ii) described above the
8    first time you vote at a voting place.
9    (b) Acceptance of registration forms by the State Board of
10Elections and county clerks and board of election
11commissioners. The State Board of Elections, county clerks,
12and board of election commissioners shall accept all completed
13voter registration forms described in subsection (a)(3) of
14this Section and Section 1A-17 and voter registration forms
15created under Section 30 of the Address Confidentiality for
16Victims of Domestic Violence, Sexual Assault, Human
17Trafficking, or Stalking Act that are:
18        (1) postmarked on or before the day that voter
19    registration is closed under this Code;
20        (2) not postmarked, but arrives no later than 5 days
21    after the close of registration;
22        (3) submitted in person by a person using the form on
23    or before the day that voter registration is closed under
24    this Code; or
25        (4) submitted in person by a person who submits one or
26    more forms on behalf of one or more persons who used the

 

 

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1    form on or before the day that voter registration is
2    closed under this Code.
3    Upon the receipt of a registration form, the State Board
4of Elections shall mark the date on which the form was received
5and send the form via first class mail to the appropriate
6county clerk or board of election commissioners, as the case
7may be, within 2 business days based upon the home address of
8the person submitting the registration form. The county clerk
9and board of election commissioners shall accept and process
10any form received from the State Board of Elections.
11    (c) Processing of registration forms by county clerks and
12boards of election commissioners. The county clerk or board of
13election commissioners shall promulgate procedures for
14processing the voter registration form.
15    (d) Contents of the voter registration form. The State
16Board shall create a voter registration form, which must
17contain the following content:
18        (1) Instructions for completing the form.
19        (2) A summary of the qualifications to register to
20    vote in Illinois.
21        (3) Instructions for mailing in or submitting the form
22    in person.
23        (4) The phone number for the State Board of Elections
24    should a person submitting the form have questions.
25        (5) A box for the person to check that explains one of
26    3 reasons for submitting the form:

 

 

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1            (a) new registration;
2            (b) change of address; or
3            (c) change of name.
4        (6) a box for the person to check yes or no that asks,
5    "Are you a citizen of the United States?", a box for the
6    person to check yes or no that asks, "Will you be 18 years
7    of age on or before election day?", and a statement of "If
8    you checked 'no' in response to either of these questions,
9    then do not complete this form.".
10        (7) A space for the person to fill in his or her home
11    telephone number.
12        (8) Spaces for the person to fill in his or her first,
13    middle, and last names, street address (principal place of
14    residence), county, city, state, and zip code.
15        (9) Spaces for the person to fill in his or her mailing
16    address, city, state, and zip code if different from his
17    or her principal place of residence.
18        (10) A space for the person to fill in his or her
19    Illinois driver's license number if the person has a
20    driver's license.
21        (11) A space for a person without a driver's license
22    to fill in the last four digits of his or her social
23    security number if the person has a social security
24    number.
25        (12) A space for a person without an Illinois driver's
26    license to fill in his or her identification number from

 

 

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1    his or her State Identification card issued by the
2    Secretary of State.
3        (13) A space for the person to fill the name appearing
4    on his or her last voter registration, the street address
5    of his or her last registration, including the city,
6    county, state, and zip code.
7        (14) A space where the person swears or affirms the
8    following under penalty of perjury with his or her
9    signature:
10            (a) "I am a citizen of the United States.";
11            (b) "I will be at least 18 years old on or before
12        the next election.";
13            (c) "I will have lived in the State of Illinois and
14        in my election precinct at least 30 days as of the date
15        of the next election."; and
16            (d) "The information I have provided is true to
17        the best of my knowledge under penalty of perjury. If I
18        have provided false information, then I may be fined,
19        imprisoned, or, if I am not a U.S. citizen, deported
20        from or refused entry into the United States.".
21        (15) A space for the person to fill in his or her
22    e-mail address if he or she chooses to provide that
23    information.
24    (d-5) Compliance with federal law; rulemaking authority.
25The voter registration form described in this Section shall be
26consistent with the form prescribed by the Federal Election

 

 

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1Commission under the National Voter Registration Act of 1993,
2P.L. 103-31, as amended from time to time, and the Help America
3Vote Act of 2002, P.L. 107-252, in all relevant respects. The
4State Board of Elections shall periodically update the form
5based on changes to federal or State law. The State Board of
6Elections shall promulgate any rules necessary for the
7implementation of this Section; provided that the rules
8comport with the letter and spirit of the National Voter
9Registration Act of 1993 and Help America Vote Act of 2002 and
10maximize the opportunity for a person to register to vote.
11    (d-10) No later than 90 days after the 2022 general
12election, the State Board of Elections shall permit applicants
13to choose between "male", "female", or "non-binary" when
14designating the applicant's sex on the voter registration
15form.
16    (e) Forms available in paper form. The State Board of
17Elections shall make the voter registration form available in
18regular paper stock and form in sufficient quantities for the
19general public. The State Board of Elections may provide the
20voter registration form to the Secretary of State, county
21clerks, boards of election commissioners, designated agencies
22of the State of Illinois, and any other person or entity
23designated to have these forms by this Code in regular paper
24stock and form or some other format deemed suitable by the
25Board. Each county clerk or board of election commissioners
26has the authority to design and print its own voter

 

 

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1registration form so long as the form complies with the
2requirements of this Section. The State Board of Elections,
3county clerks, boards of election commissioners, or other
4designated agencies of the State of Illinois required to have
5these forms under this Code shall provide a member of the
6public with any reasonable number of forms that he or she may
7request. Nothing in this Section shall permit the State Board
8of Elections, county clerk, board of election commissioners,
9or other appropriate election official who may accept a voter
10registration form to refuse to accept a voter registration
11form because the form is printed on photocopier or regular
12paper stock and form.
13    (f) (Blank).
14(Source: P.A. 102-292, eff. 1-1-22.)
 
15    (10 ILCS 5/2A-1.1b)
16    (Section scheduled to be repealed on January 1, 2023)
17    Sec. 2A-1.1b. 2022 general primary election and general
18election dates.
19    (a) In addition to the provisions of this Code and
20notwithstanding any other law to the contrary, the provisions
21in this Section shall govern the dates for the conduct of the
222022 general primary election and for preparing for the 2022
23general election. The provisions of this Code shall control
24any aspect of the administration or conduct of the 2022
25general primary election and 2022 general election that is not

 

 

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1provided for in this Section, provided that in the event of
2conflict between this Section and any other provision of this
3Code or any other law, the provisions of this Section shall
4control. The provisions of this Section shall apply to all
5election authorities, including, but not limited to, those
6under the jurisdiction of a Board of Election Commissioners.
7The provisions of this Section shall apply for the dates for
8the 2022 general primary election and the 2022 general
9election only and the provisions of this amendatory Act of the
10102nd General Assembly shall be in effect through December 31,
112022.
12    (b) Petitions for nomination for the general primary
13election may begin circulation on January 13, 2022. All
14petitions for nomination of an established party candidate for
15statewide office shall be signed by at least 3,250 but not more
16than 6,500 of the qualified primary electors of the
17candidate's party. All petitions for nomination of an
18established party candidate for the office of Representative
19in the General Assembly shall be signed by at least 400 but not
20more than 1,000 of the qualified primary electors of the
21candidate's party in the candidate's representative district.
22All petitions for nomination of an established party candidate
23for the office of State Senator shall be signed by at least 650
24but not more than 2,000 of the qualified primary electors of
25the candidate's party in the candidate's legislative district.
26The signature requirement for an established party candidate

 

 

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1for all other offices shall be reduced by one-third and any
2provision of this Code limiting the maximum number of
3signatures that may be submitted for those offices shall be
4reduced by one-third.
5    (c) Petitions for nomination for congressional, or
6judicial office, or for any office a nomination for which is
7made for a territorial division or district which comprises
8more than one county or is partly in one county and partly in
9another county or counties (including the Fox Metro Water
10Reclamation District) for the general primary election may be
11filed in the principal office of the State Board of Elections
12beginning on March 7, 2022 but no later than March 14, 2022; a
13petition for nomination to fill a vacancy by special election
14in the office of representative in Congress from this State
15(for vacancies occurring between February 21, 2022 and March
1614, 2022) for the general primary election may be filed in the
17principal office of the State Board of Elections beginning
18March 28, 2022 but no later than April 4, 2022.
19    (d) Objections to certificates of nomination and
20nomination papers and petitions to submit public questions to
21a referendum for the general primary election shall be filed
22no later than March 21, 2022.
23    (e) Electors may request vote by mail ballots for the
24general primary election beginning on March 30, 2022 but no
25later than June 23, 2022.
26    (f) Petitions for nomination for independent candidates

 

 

10200SB0536ham002- 19 -LRB102 12960 HLH 30333 a

1and new political party candidates for the general election
2may begin circulation on April 13, 2022.
3    (g) The State Board of Elections shall certify the names
4of candidates who filed nomination papers or certificates of
5nomination for the general primary election with the Board no
6later than April 21, 2022.
7    (h) A notarized declaration of intent to be a write-in
8candidate for the general primary election shall be filed with
9the proper election authority or authorities no later than
10April 28, 2022.
11    (i) Each election authority shall mail ballots to each
12person who has filed an application for a ballot for the
13general primary election under Article 20 no later than May
1414, 2022, and any application received after May 12, 2022
15shall be mailed within 2 business days after receipt of the
16application.
17    (j) The period for early voting by personal appearance for
18the general primary election shall begin on May 19, 2022.
19    (k) The general primary election shall be held on June 28,
202022.
21    (l) The last day for an established party managing
22committee to appoint someone to fill a vacancy for the general
23election when no candidate was nominated at the general
24primary election and for the appointee to file the required
25documentation is July 25, 2022 August 13, 2022. The signature
26requirement for an established party candidate filing to fill

 

 

10200SB0536ham002- 20 -LRB102 12960 HLH 30333 a

1a vacancy shall be reduced by two-thirds and any provision of
2this Code limiting the maximum number of signatures that may
3be submitted for those offices shall be reduced by two-thirds.
4Objections to nomination papers, certificates of nomination,
5or resolutions for established party candidates filing to fill
6a vacancy shall be filed no later than August 1, 2022.
7    (m) Certificates of nomination and nomination papers for
8the nomination of new political parties and independent
9candidates for offices to be filled by electors of the entire
10State, or any district not entirely within a county, or for
11congressional, State legislative or judicial offices shall be
12presented to the principal office of the State Board of
13Elections beginning July 5, 2022 but no later than July 11,
142022. Certificates of nomination and nomination papers for the
15nomination of new political parties and independent candidates
16for all other offices shall be presented to the appropriate
17election authority or local election official with whom such
18nomination papers are filed beginning July 5, 2022 but no
19later than July 11, 2022.
20    (n) Objections to certificates of nomination and
21nomination papers for new political parties and independent
22candidates for the general election shall be filed no later
23than July 18, 2022.
24    (o) (Blank). A person for whom a petition for nomination
25has been filed for the general election may withdraw his or her
26petition with the appropriate election authority no later than

 

 

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1August 13, 2022.
2    (p) (Blank). The State Board of Elections shall certify to
3the county clerks the names of each of the candidates to appear
4on the ballot for the general election no later than September
56, 2022.
6    (q) This Section is repealed on January 1, 2023.
7(Source: P.A. 102-15, eff. 6-17-21.)
 
8    (10 ILCS 5/9-8.5)
9    (Text of Section before amendment by P.A. 102-664)
10    Sec. 9-8.5. Limitations on campaign contributions.
11    (a) It is unlawful for a political committee to accept
12contributions except as provided in this Section.
13    (b) During an election cycle, a candidate political
14committee may not accept contributions with an aggregate value
15over the following: (i) $5,000 from any individual, (ii)
16$10,000 from any corporation, labor organization, or
17association, or (iii) $50,000 from a candidate political
18committee or political action committee. A candidate political
19committee may accept contributions in any amount from a
20political party committee except during an election cycle in
21which the candidate seeks nomination at a primary election.
22During an election cycle in which the candidate seeks
23nomination at a primary election, a candidate political
24committee may not accept contributions from political party
25committees with an aggregate value over the following: (i)

 

 

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1$200,000 for a candidate political committee established to
2support a candidate seeking nomination to statewide office,
3(ii) $125,000 for a candidate political committee established
4to support a candidate seeking nomination to the Senate, the
5Supreme Court or Appellate Court in the First Judicial
6District, or an office elected by all voters in a county with
71,000,000 or more residents, (iii) $75,000 for a candidate
8political committee established to support a candidate seeking
9nomination to the House of Representatives, the Supreme Court
10or Appellate Court for a Judicial District other than the
11First Judicial District, an office elected by all voters of a
12county of fewer than 1,000,000 residents, and municipal and
13county offices in Cook County other than those elected by all
14voters of Cook County, and (iv) $50,000 for a candidate
15political committee established to support the nomination of a
16candidate to any other office. A candidate political committee
17established to elect a candidate to the General Assembly may
18accept contributions from only one legislative caucus
19committee. A candidate political committee may not accept
20contributions from a ballot initiative committee or from an
21independent expenditure committee.
22    (b-5) Judicial elections.
23        (1) In addition to any other provision of this
24    Section, a candidate political committee established to
25    support a candidate seeking nomination to the Supreme
26    Court, Appellate Court, or Circuit Court may not:

 

 

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1            (A) accept contributions from any entity that does
2        not disclose the identity of those who make
3        contributions to the entity, except for contributions
4        that are not required to be itemized by this Code; or
5            (B) accept contributions from any out-of-state
6        person, as defined in this Article.
7        (2) As used in this subsection, "contribution" has the
8    meaning provided in Section 9-1.4 and also includes the
9    following that are subject to the limits of this Section:
10            (A) expenditures made by any person in concert or
11        cooperation with, or at the request or suggestion of,
12        a candidate, his or her designated committee, or their
13        agents; and
14            (B) the financing by any person of the
15        dissemination, distribution, or republication, in
16        whole or in part, of any broadcast or any written,
17        graphic, or other form of campaign materials prepared
18        by the candidate, his or her campaign committee, or
19        their designated agents.
20        (3) As to contributions to a candidate political
21    committee established to support a candidate seeking
22    nomination to the Supreme Court, Appellate Court, or
23    Circuit Court:
24            (A) No person shall make a contribution in the
25        name of another person or knowingly permit his or her
26        name to be used to effect such a contribution.

 

 

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1            (B) No person shall knowingly accept a
2        contribution made by one person in the name of another
3        person.
4            (C) No person shall knowingly accept reimbursement
5        from another person for a contribution made in his or
6        her own name.
7            (D) No person shall make an anonymous
8        contribution.
9            (E) No person shall knowingly accept any anonymous
10        contribution.
11            (F) No person shall predicate (1) any benefit,
12        including, but not limited to, employment decisions,
13        including hiring, promotions, bonus compensation, and
14        transfers, or (2) any other gift, transfer, or
15        emolument upon:
16                (i) the decision by the recipient of that
17            benefit to donate or not to donate to a candidate;
18            or
19                (ii) the amount of any such donation.
20        (4) No judicial candidate or political committee
21    established to support a candidate seeking nomination to
22    the Supreme Court, Appellate Court, or Circuit Court shall
23    knowingly accept any contribution or make any expenditure
24    in violation of the provisions of this Section. No officer
25    or employee of a political committee established to
26    support a candidate seeking nomination to the Supreme

 

 

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1    Court, Appellate Court, or Circuit Court shall knowingly
2    accept a contribution made for the benefit or use of a
3    candidate or knowingly make any expenditure in support of
4    or opposition to a candidate or for electioneering
5    communications in relation to a candidate in violation of
6    any limitation designated for contributions and
7    expenditures under this Section.
8        (5) Where the provisions of this subsection (b-5)
9    conflict with any other provision of this Code, this
10    subsection (b-5) shall control.
11    (c) During an election cycle, a political party committee
12may not accept contributions with an aggregate value over the
13following: (i) $10,000 from any individual, (ii) $20,000 from
14any corporation, labor organization, or association, or (iii)
15$50,000 from a political action committee. A political party
16committee may accept contributions in any amount from another
17political party committee or a candidate political committee,
18except as provided in subsection (c-5). Nothing in this
19Section shall limit the amounts that may be transferred
20between a political party committee established under
21subsection (a) of Section 7-8 of this Code and an affiliated
22federal political committee established under the Federal
23Election Code by the same political party. A political party
24committee may not accept contributions from a ballot
25initiative committee or from an independent expenditure
26committee. A political party committee established by a

 

 

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1legislative caucus may not accept contributions from another
2political party committee established by a legislative caucus.
3    (c-5) During the period beginning on the date candidates
4may begin circulating petitions for a primary election and
5ending on the day of the primary election, a political party
6committee may not accept contributions with an aggregate value
7over $50,000 from a candidate political committee or political
8party committee. A political party committee may accept
9contributions in any amount from a candidate political
10committee or political party committee if the political party
11committee receiving the contribution filed a statement of
12nonparticipation in the primary as provided in subsection
13(c-10). The Task Force on Campaign Finance Reform shall study
14and make recommendations on the provisions of this subsection
15to the Governor and General Assembly by September 30, 2012.
16This subsection becomes inoperative on July 1, 2013 and
17thereafter no longer applies.
18    (c-10) A political party committee that does not intend to
19make contributions to candidates to be nominated at a general
20primary election or consolidated primary election may file a
21Statement of Nonparticipation in a Primary Election with the
22Board. The Statement of Nonparticipation shall include a
23verification signed by the chairperson and treasurer of the
24committee that (i) the committee will not make contributions
25or coordinated expenditures in support of or opposition to a
26candidate or candidates to be nominated at the general primary

 

 

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1election or consolidated primary election (select one) to be
2held on (insert date), (ii) the political party committee may
3accept unlimited contributions from candidate political
4committees and political party committees, provided that the
5political party committee does not make contributions to a
6candidate or candidates to be nominated at the primary
7election, and (iii) failure to abide by these requirements
8shall deem the political party committee in violation of this
9Article and subject the committee to a fine of no more than
10150% of the total contributions or coordinated expenditures
11made by the committee in violation of this Article. This
12subsection becomes inoperative on July 1, 2013 and thereafter
13no longer applies.
14    (d) During an election cycle, a political action committee
15may not accept contributions with an aggregate value over the
16following: (i) $10,000 from any individual, (ii) $20,000 from
17any corporation, labor organization, political party
18committee, or association, or (iii) $50,000 from a political
19action committee or candidate political committee. A political
20action committee may not accept contributions from a ballot
21initiative committee or from an independent expenditure
22committee.
23    (e) A ballot initiative committee may accept contributions
24in any amount from any source, provided that the committee
25files the document required by Section 9-3 of this Article and
26files the disclosure reports required by the provisions of

 

 

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1this Article.
2    (e-5) An independent expenditure committee may accept
3contributions in any amount from any source, provided that the
4committee files the document required by Section 9-3 of this
5Article and files the disclosure reports required by the
6provisions of this Article.
7    (f) Nothing in this Section shall prohibit a political
8committee from dividing the proceeds of joint fundraising
9efforts; provided that no political committee may receive more
10than the limit from any one contributor, and provided that an
11independent expenditure committee may not conduct joint
12fundraising efforts with a candidate political committee or a
13political party committee.
14    (g) On January 1 of each odd-numbered year, the State
15Board of Elections shall adjust the amounts of the
16contribution limitations established in this Section for
17inflation as determined by the Consumer Price Index for All
18Urban Consumers as issued by the United States Department of
19Labor and rounded to the nearest $100. The State Board shall
20publish this information on its official website.
21    (h) Self-funding candidates. If a public official, a
22candidate, or the public official's or candidate's immediate
23family contributes or loans to the public official's or
24candidate's political committee or to other political
25committees that transfer funds to the public official's or
26candidate's political committee or makes independent

 

 

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1expenditures for the benefit of the public official's or
2candidate's campaign during the 12 months prior to an election
3in an aggregate amount of more than (i) $250,000 for statewide
4office or (ii) $100,000 for all other elective offices, then
5the public official or candidate shall file with the State
6Board of Elections, within one day, a Notification of
7Self-funding that shall detail each contribution or loan made
8by the public official, the candidate, or the public
9official's or candidate's immediate family. Within 2 business
10days after the filing of a Notification of Self-funding, the
11notification shall be posted on the Board's website and the
12Board shall give official notice of the filing to each
13candidate for the same office as the public official or
14candidate making the filing, including the public official or
15candidate filing the Notification of Self-funding. Notice
16shall be sent via first class mail to the candidate and the
17treasurer of the candidate's committee. Notice shall also be
18sent by e-mail to the candidate and the treasurer of the
19candidate's committee if the candidate and the treasurer, as
20applicable, have provided the Board with an e-mail address.
21Upon posting of the notice on the Board's website, all
22candidates for that office, including the public official or
23candidate who filed a Notification of Self-funding, shall be
24permitted to accept contributions in excess of any
25contribution limits imposed by subsection (b). If a public
26official or candidate filed a Notification of Self-funding

 

 

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1during an election cycle that includes a general primary
2election or consolidated primary election and that public
3official or candidate is nominated, all candidates for that
4office, including the nominee who filed the notification of
5self-funding, shall be permitted to accept contributions in
6excess of any contribution limit imposed by subsection (b) for
7the subsequent election cycle. For the purposes of this
8subsection, "immediate family" means the spouse, parent, or
9child of a public official or candidate.
10    (h-5) If a natural person or independent expenditure
11committee makes independent expenditures in support of or in
12opposition to the campaign of a particular public official or
13candidate in an aggregate amount of more than (i) $250,000 for
14statewide office or (ii) $100,000 for all other elective
15offices in an election cycle, as reported in a written
16disclosure filed under subsection (a) of Section 9-8.6 or
17subsection (e-5) of Section 9-10, then the State Board of
18Elections shall, within 2 business days after the filing of
19the disclosure, post the disclosure on the Board's website and
20give official notice of the disclosure to each candidate for
21the same office as the public official or candidate for whose
22benefit or detriment the natural person or independent
23expenditure committee made independent expenditures. Upon
24posting of the notice on the Board's website, all candidates
25for that office in that election, including the public
26official or candidate for whose benefit or detriment the

 

 

10200SB0536ham002- 31 -LRB102 12960 HLH 30333 a

1natural person or independent expenditure committee made
2independent expenditures, shall be permitted to accept
3contributions in excess of any contribution limits imposed by
4subsection (b).
5    (h-10) If the State Board of Elections receives
6notification or determines that a natural person or persons,
7an independent expenditure committee or committees, or
8combination thereof has made independent expenditures in
9support of or in opposition to the campaign of a particular
10public official or candidate in an aggregate amount of more
11than (i) $250,000 for statewide office or (ii) $100,000 for
12all other elective offices in an election cycle, then the
13Board shall, within 2 business days after discovering the
14independent expenditures that, in the aggregate, exceed the
15threshold set forth in (i) and (ii) of this subsection, post
16notice of this fact on the Board's website and give official
17notice to each candidate for the same office as the public
18official or candidate for whose benefit or detriment the
19independent expenditures were made. Notice shall be sent via
20first class mail to the candidate and the treasurer of the
21candidate's committee. Notice shall also be sent by e-mail to
22the candidate and the treasurer of the candidate's committee
23if the candidate and the treasurer, as applicable, have
24provided the Board with an e-mail address. Upon posting of the
25notice on the Board's website, all candidates of that office
26in that election, including the public official or candidate

 

 

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1for whose benefit or detriment the independent expenditures
2were made, may accept contributions in excess of any
3contribution limits imposed by subsection (b).
4    (i) For the purposes of this Section, a corporation, labor
5organization, association, or a political action committee
6established by a corporation, labor organization, or
7association may act as a conduit in facilitating the delivery
8to a political action committee of contributions made through
9dues, levies, or similar assessments and the political action
10committee may report the contributions in the aggregate,
11provided that: (i) contributions made through dues, levies, or
12similar assessments paid by any natural person, corporation,
13labor organization, or association in a calendar year may not
14exceed the limits set forth in this Section; (ii) the
15corporation, labor organization, association, or a political
16action committee established by a corporation, labor
17organization, or association facilitating the delivery of
18contributions maintains a list of natural persons,
19corporations, labor organizations, and associations that paid
20the dues, levies, or similar assessments from which the
21contributions comprising the aggregate amount derive; and
22(iii) contributions made through dues, levies, or similar
23assessments paid by any natural person, corporation, labor
24organization, or association that exceed $1,000 $500 in a
25quarterly reporting period shall be itemized on the
26committee's quarterly report and may not be reported in the

 

 

10200SB0536ham002- 33 -LRB102 12960 HLH 30333 a

1aggregate. A political action committee facilitating the
2delivery of contributions or receiving contributions shall
3disclose the amount of contributions made through dues
4delivered or received and the name of the corporation, labor
5organization, association, or political action committee
6delivering the contributions, if applicable. On January 1 of
7each odd-numbered year, the State Board of Elections shall
8adjust the amounts of the contribution limitations established
9in this subsection for inflation as determined by the Consumer
10Price Index for All Urban Consumers as issued by the United
11States Department of Labor and rounded to the nearest $100.
12The State Board shall publish this information on its official
13website.
14    (j) A political committee that receives a contribution or
15transfer in violation of this Section shall dispose of the
16contribution or transfer by returning the contribution or
17transfer, or an amount equal to the contribution or transfer,
18to the contributor or transferor or donating the contribution
19or transfer, or an amount equal to the contribution or
20transfer, to a charity. A contribution or transfer received in
21violation of this Section that is not disposed of as provided
22in this subsection within 30 days after the Board sends
23notification to the political committee of the excess
24contribution by certified mail shall escheat to the General
25Revenue Fund and the political committee shall be deemed in
26violation of this Section and subject to a civil penalty not to

 

 

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1exceed 150% of the total amount of the contribution.
2    (k) For the purposes of this Section, "statewide office"
3means the Governor, Lieutenant Governor, Attorney General,
4Secretary of State, Comptroller, and Treasurer.
5    (l) This Section is repealed if and when the United States
6Supreme Court invalidates contribution limits on committees
7formed to assist candidates, political parties, corporations,
8associations, or labor organizations established by or
9pursuant to federal law.
10(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.)
 
11    (Text of Section after amendment by P.A. 102-664)
12    Sec. 9-8.5. Limitations on campaign contributions.
13    (a) It is unlawful for a political committee to accept
14contributions except as provided in this Section.
15    (b) During an election cycle, a candidate political
16committee may not accept contributions with an aggregate value
17over the following: (i) $5,000 from any individual, (ii)
18$10,000 from any corporation, labor organization, or
19association, or (iii) $50,000 from a candidate political
20committee or political action committee. A candidate political
21committee may accept contributions in any amount from a
22political party committee except during an election cycle in
23which the candidate seeks nomination at a primary election.
24During an election cycle in which the candidate seeks
25nomination at a primary election, a candidate political

 

 

10200SB0536ham002- 35 -LRB102 12960 HLH 30333 a

1committee may not accept contributions from political party
2committees with an aggregate value over the following: (i)
3$200,000 for a candidate political committee established to
4support a candidate seeking nomination to statewide office,
5(ii) $125,000 for a candidate political committee established
6to support a candidate seeking nomination to the Senate, the
7Supreme Court or Appellate Court in the First Judicial
8District, or an office elected by all voters in a county with
91,000,000 or more residents, (iii) $75,000 for a candidate
10political committee established to support a candidate seeking
11nomination to the House of Representatives, the Supreme Court
12or Appellate Court for a Judicial District other than the
13First Judicial District, an office elected by all voters of a
14county of fewer than 1,000,000 residents, and municipal and
15county offices in Cook County other than those elected by all
16voters of Cook County, and (iv) $50,000 for a candidate
17political committee established to support the nomination of a
18candidate to any other office. A candidate political committee
19established to elect a candidate to the General Assembly may
20accept contributions from only one legislative caucus
21committee. A candidate political committee may not accept
22contributions from a ballot initiative committee or from an
23independent expenditure committee.
24    (b-5) Judicial elections.
25        (1) In addition to any other provision of this
26    Section, a candidate political committee established to

 

 

10200SB0536ham002- 36 -LRB102 12960 HLH 30333 a

1    support a candidate seeking nomination to the Supreme
2    Court, Appellate Court, or Circuit Court may not:
3            (A) accept contributions from any entity that does
4        not disclose the identity of those who make
5        contributions to the entity, except for contributions
6        that are not required to be itemized by this Code; or
7            (B) accept contributions from any out-of-state
8        person, as defined in this Article.
9        (2) As used in this subsection, "contribution" has the
10    meaning provided in Section 9-1.4 and also includes the
11    following that are subject to the limits of this Section:
12            (A) expenditures made by any person in concert or
13        cooperation with, or at the request or suggestion of,
14        a candidate, his or her designated committee, or their
15        agents; and
16            (B) the financing by any person of the
17        dissemination, distribution, or republication, in
18        whole or in part, of any broadcast or any written,
19        graphic, or other form of campaign materials prepared
20        by the candidate, his or her campaign committee, or
21        their designated agents.
22        (3) As to contributions to a candidate political
23    committee established to support a candidate seeking
24    nomination to the Supreme Court, Appellate Court, or
25    Circuit Court:
26            (A) No person shall make a contribution in the

 

 

10200SB0536ham002- 37 -LRB102 12960 HLH 30333 a

1        name of another person or knowingly permit his or her
2        name to be used to effect such a contribution.
3            (B) No person shall knowingly accept a
4        contribution made by one person in the name of another
5        person.
6            (C) No person shall knowingly accept reimbursement
7        from another person for a contribution made in his or
8        her own name.
9            (D) No person shall make an anonymous
10        contribution.
11            (E) No person shall knowingly accept any anonymous
12        contribution.
13            (F) No person shall predicate (1) any benefit,
14        including, but not limited to, employment decisions,
15        including hiring, promotions, bonus compensation, and
16        transfers, or (2) any other gift, transfer, or
17        emolument upon:
18                (i) the decision by the recipient of that
19            benefit to donate or not to donate to a candidate;
20            or
21                (ii) the amount of any such donation.
22        (4) No judicial candidate or political committee
23    established to support a candidate seeking nomination to
24    the Supreme Court, Appellate Court, or Circuit Court shall
25    knowingly accept any contribution or make any expenditure
26    in violation of the provisions of this Section. No officer

 

 

10200SB0536ham002- 38 -LRB102 12960 HLH 30333 a

1    or employee of a political committee established to
2    support a candidate seeking nomination to the Supreme
3    Court, Appellate Court, or Circuit Court shall knowingly
4    accept a contribution made for the benefit or use of a
5    candidate or knowingly make any expenditure in support of
6    or opposition to a candidate or for electioneering
7    communications in relation to a candidate in violation of
8    any limitation designated for contributions and
9    expenditures under this Section.
10        (5) Where the provisions of this subsection (b-5)
11    conflict with any other provision of this Code, this
12    subsection (b-5) shall control.
13    (c) During an election cycle, a political party committee
14may not accept contributions with an aggregate value over the
15following: (i) $10,000 from any individual, (ii) $20,000 from
16any corporation, labor organization, or association, or (iii)
17$50,000 from a political action committee. A political party
18committee may accept contributions in any amount from another
19political party committee or a candidate political committee,
20except as provided in subsection (c-5). Nothing in this
21Section shall limit the amounts that may be transferred
22between a political party committee established under
23subsection (a) of Section 7-8 of this Code and an affiliated
24federal political committee established under the Federal
25Election Code by the same political party. A political party
26committee may not accept contributions from a ballot

 

 

10200SB0536ham002- 39 -LRB102 12960 HLH 30333 a

1initiative committee or from an independent expenditure
2committee. A political party committee established by a
3legislative caucus may not accept contributions from another
4political party committee established by a legislative caucus.
5    (c-5) During the period beginning on the date candidates
6may begin circulating petitions for a primary election and
7ending on the day of the primary election, a political party
8committee may not accept contributions with an aggregate value
9over $50,000 from a candidate political committee or political
10party committee. A political party committee may accept
11contributions in any amount from a candidate political
12committee or political party committee if the political party
13committee receiving the contribution filed a statement of
14nonparticipation in the primary as provided in subsection
15(c-10). The Task Force on Campaign Finance Reform shall study
16and make recommendations on the provisions of this subsection
17to the Governor and General Assembly by September 30, 2012.
18This subsection becomes inoperative on July 1, 2013 and
19thereafter no longer applies.
20    (c-10) A political party committee that does not intend to
21make contributions to candidates to be nominated at a general
22primary election or consolidated primary election may file a
23Statement of Nonparticipation in a Primary Election with the
24Board. The Statement of Nonparticipation shall include a
25verification signed by the chairperson and treasurer of the
26committee that (i) the committee will not make contributions

 

 

10200SB0536ham002- 40 -LRB102 12960 HLH 30333 a

1or coordinated expenditures in support of or opposition to a
2candidate or candidates to be nominated at the general primary
3election or consolidated primary election (select one) to be
4held on (insert date), (ii) the political party committee may
5accept unlimited contributions from candidate political
6committees and political party committees, provided that the
7political party committee does not make contributions to a
8candidate or candidates to be nominated at the primary
9election, and (iii) failure to abide by these requirements
10shall deem the political party committee in violation of this
11Article and subject the committee to a fine of no more than
12150% of the total contributions or coordinated expenditures
13made by the committee in violation of this Article. This
14subsection becomes inoperative on July 1, 2013 and thereafter
15no longer applies.
16    (d) During an election cycle, a political action committee
17may not accept contributions with an aggregate value over the
18following: (i) $10,000 from any individual, (ii) $20,000 from
19any corporation, labor organization, political party
20committee, or association, or (iii) $50,000 from a political
21action committee or candidate political committee. A political
22action committee may not accept contributions from a ballot
23initiative committee or from an independent expenditure
24committee.
25    (e) A ballot initiative committee may accept contributions
26in any amount from any source, provided that the committee

 

 

10200SB0536ham002- 41 -LRB102 12960 HLH 30333 a

1files the document required by Section 9-3 of this Article and
2files the disclosure reports required by the provisions of
3this Article.
4    (e-5) An independent expenditure committee may accept
5contributions in any amount from any source, provided that the
6committee files the document required by Section 9-3 of this
7Article and files the disclosure reports required by the
8provisions of this Article.
9    (e-10) A limited activity committee shall not accept
10contributions, except that the officer or a candidate the
11committee has designated to support may contribute personal
12funds in order to pay for maintenance expenses. A limited
13activity committee may only make expenditures that are: (i)
14necessary for maintenance of the committee; (ii) for rent or
15lease payments until the end of the lease in effect at the time
16the officer or candidate is confirmed by the Senate; (iii)
17contributions to 501(c)(3) charities; or (iv) returning
18contributions to original contributors.
19    (f) Nothing in this Section shall prohibit a political
20committee from dividing the proceeds of joint fundraising
21efforts; provided that no political committee may receive more
22than the limit from any one contributor, and provided that an
23independent expenditure committee may not conduct joint
24fundraising efforts with a candidate political committee or a
25political party committee.
26    (g) On January 1 of each odd-numbered year, the State

 

 

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1Board of Elections shall adjust the amounts of the
2contribution limitations established in this Section for
3inflation as determined by the Consumer Price Index for All
4Urban Consumers as issued by the United States Department of
5Labor and rounded to the nearest $100. The State Board shall
6publish this information on its official website.
7    (h) Self-funding candidates. If a public official, a
8candidate, or the public official's or candidate's immediate
9family contributes or loans to the public official's or
10candidate's political committee or to other political
11committees that transfer funds to the public official's or
12candidate's political committee or makes independent
13expenditures for the benefit of the public official's or
14candidate's campaign during the 12 months prior to an election
15in an aggregate amount of more than (i) $250,000 for statewide
16office or (ii) $100,000 for all other elective offices, then
17the public official or candidate shall file with the State
18Board of Elections, within one day, a Notification of
19Self-funding that shall detail each contribution or loan made
20by the public official, the candidate, or the public
21official's or candidate's immediate family. Within 2 business
22days after the filing of a Notification of Self-funding, the
23notification shall be posted on the Board's website and the
24Board shall give official notice of the filing to each
25candidate for the same office as the public official or
26candidate making the filing, including the public official or

 

 

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1candidate filing the Notification of Self-funding. Notice
2shall be sent via first class mail to the candidate and the
3treasurer of the candidate's committee. Notice shall also be
4sent by e-mail to the candidate and the treasurer of the
5candidate's committee if the candidate and the treasurer, as
6applicable, have provided the Board with an e-mail address.
7Upon posting of the notice on the Board's website, all
8candidates for that office, including the public official or
9candidate who filed a Notification of Self-funding, shall be
10permitted to accept contributions in excess of any
11contribution limits imposed by subsection (b). If a public
12official or candidate filed a Notification of Self-funding
13during an election cycle that includes a general primary
14election or consolidated primary election and that public
15official or candidate is nominated, all candidates for that
16office, including the nominee who filed the notification of
17self-funding, shall be permitted to accept contributions in
18excess of any contribution limit imposed by subsection (b) for
19the subsequent election cycle. For the purposes of this
20subsection, "immediate family" means the spouse, parent, or
21child of a public official or candidate.
22    (h-5) If a natural person or independent expenditure
23committee makes independent expenditures in support of or in
24opposition to the campaign of a particular public official or
25candidate in an aggregate amount of more than (i) $250,000 for
26statewide office or (ii) $100,000 for all other elective

 

 

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1offices in an election cycle, as reported in a written
2disclosure filed under subsection (a) of Section 9-8.6 or
3subsection (e-5) of Section 9-10, then the State Board of
4Elections shall, within 2 business days after the filing of
5the disclosure, post the disclosure on the Board's website and
6give official notice of the disclosure to each candidate for
7the same office as the public official or candidate for whose
8benefit or detriment the natural person or independent
9expenditure committee made independent expenditures. Upon
10posting of the notice on the Board's website, all candidates
11for that office in that election, including the public
12official or candidate for whose benefit or detriment the
13natural person or independent expenditure committee made
14independent expenditures, shall be permitted to accept
15contributions in excess of any contribution limits imposed by
16subsection (b).
17    (h-10) If the State Board of Elections receives
18notification or determines that a natural person or persons,
19an independent expenditure committee or committees, or
20combination thereof has made independent expenditures in
21support of or in opposition to the campaign of a particular
22public official or candidate in an aggregate amount of more
23than (i) $250,000 for statewide office or (ii) $100,000 for
24all other elective offices in an election cycle, then the
25Board shall, within 2 business days after discovering the
26independent expenditures that, in the aggregate, exceed the

 

 

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1threshold set forth in (i) and (ii) of this subsection, post
2notice of this fact on the Board's website and give official
3notice to each candidate for the same office as the public
4official or candidate for whose benefit or detriment the
5independent expenditures were made. Notice shall be sent via
6first class mail to the candidate and the treasurer of the
7candidate's committee. Notice shall also be sent by e-mail to
8the candidate and the treasurer of the candidate's committee
9if the candidate and the treasurer, as applicable, have
10provided the Board with an e-mail address. Upon posting of the
11notice on the Board's website, all candidates of that office
12in that election, including the public official or candidate
13for whose benefit or detriment the independent expenditures
14were made, may accept contributions in excess of any
15contribution limits imposed by subsection (b).
16    (i) For the purposes of this Section, a corporation, labor
17organization, association, or a political action committee
18established by a corporation, labor organization, or
19association may act as a conduit in facilitating the delivery
20to a political action committee of contributions made through
21dues, levies, or similar assessments and the political action
22committee may report the contributions in the aggregate,
23provided that: (i) contributions made through dues, levies, or
24similar assessments paid by any natural person, corporation,
25labor organization, or association in a calendar year may not
26exceed the limits set forth in this Section; (ii) the

 

 

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1corporation, labor organization, association, or a political
2action committee established by a corporation, labor
3organization, or association facilitating the delivery of
4contributions maintains a list of natural persons,
5corporations, labor organizations, and associations that paid
6the dues, levies, or similar assessments from which the
7contributions comprising the aggregate amount derive; and
8(iii) contributions made through dues, levies, or similar
9assessments paid by any natural person, corporation, labor
10organization, or association that exceed $1,000 $500 in a
11quarterly reporting period shall be itemized on the
12committee's quarterly report and may not be reported in the
13aggregate. A political action committee facilitating the
14delivery of contributions or receiving contributions shall
15disclose the amount of contributions made through dues
16delivered or received and the name of the corporation, labor
17organization, association, or political action committee
18delivering the contributions, if applicable. On January 1 of
19each odd-numbered year, the State Board of Elections shall
20adjust the amounts of the contribution limitations established
21in this subsection for inflation as determined by the Consumer
22Price Index for All Urban Consumers as issued by the United
23States Department of Labor and rounded to the nearest $100.
24The State Board shall publish this information on its official
25website.
26    (j) A political committee that receives a contribution or

 

 

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1transfer in violation of this Section shall dispose of the
2contribution or transfer by returning the contribution or
3transfer, or an amount equal to the contribution or transfer,
4to the contributor or transferor or donating the contribution
5or transfer, or an amount equal to the contribution or
6transfer, to a charity. A contribution or transfer received in
7violation of this Section that is not disposed of as provided
8in this subsection within 30 days after the Board sends
9notification to the political committee of the excess
10contribution by certified mail shall escheat to the General
11Revenue Fund and the political committee shall be deemed in
12violation of this Section and subject to a civil penalty not to
13exceed 150% of the total amount of the contribution.
14    (k) For the purposes of this Section, "statewide office"
15means the Governor, Lieutenant Governor, Attorney General,
16Secretary of State, Comptroller, and Treasurer.
17    (l) This Section is repealed if and when the United States
18Supreme Court invalidates contribution limits on committees
19formed to assist candidates, political parties, corporations,
20associations, or labor organizations established by or
21pursuant to federal law.
22(Source: P.A. 102-664, eff. 1-1-22.)
 
23    (10 ILCS 5/9-10)  (from Ch. 46, par. 9-10)
24    Sec. 9-10. Disclosure of contributions and expenditures.
25    (a) The treasurer of every political committee shall file

 

 

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1with the Board reports of campaign contributions and
2expenditures as required by this Section on forms to be
3prescribed or approved by the Board.
4    (b) Every political committee shall file quarterly reports
5of campaign contributions, expenditures, and independent
6expenditures. The reports shall cover the period January 1
7through March 31, April 1 through June 30, July 1 through
8September 30, and October 1 through December 31 of each year. A
9political committee shall file quarterly reports no later than
10the 15th day of the month following each period. Reports of
11contributions and expenditures must be filed to cover the
12prescribed time periods even though no contributions or
13expenditures may have been received or made during the period.
14A report is considered timely filed if it is received by the
15Board no later than 11:59 p.m. on the deadline or postmarked no
16later than 3 days prior to the deadline. The Board shall assess
17a civil penalty not to exceed $5,000 for failure to file a
18report required by this subsection. The fine, however, shall
19not exceed $1,000 for a first violation if the committee files
20less than 10 days after the deadline. There shall be no fine if
21the report is mailed and postmarked at least 72 hours prior to
22the filing deadline. When considering the amount of the fine
23to be imposed, the Board shall consider whether the violation
24was committed inadvertently, negligently, knowingly, or
25intentionally and any past violations of this Section.
26    (c) A political committee shall file a report of any

 

 

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1contribution of $1,000 or more electronically with the Board
2within 5 business days after receipt of the contribution,
3except that the report shall be filed within 2 business days
4after receipt if (i) the contribution is received 30 or fewer
5days before the date of an election and (ii) the political
6committee supports or opposes a candidate or public question
7on the ballot at that election or makes expenditures in excess
8of $500 on behalf of or in opposition to a candidate,
9candidates, a public question, or public questions on the
10ballot at that election. The State Board shall allow filings
11of reports of contributions of $1,000 or more by political
12committees that are not required to file electronically to be
13made by facsimile transmission. It is not a violation of this
14subsection (c) and a political committee does not need to file
15a report of a contribution of $1,000 or more if the
16contribution is received and returned within the same period
17it is required to be disclosed on a quarterly report. The Board
18shall assess a civil penalty for failure to file a report
19required by this subsection. Failure to report each
20contribution is a separate violation of this subsection. The
21Board shall impose fines for willful or wanton violations of
22this subsection (c) not to exceed 150% of the total amount of
23the contributions that were untimely reported, but in no case
24shall it be less than 10% of the total amount of the
25contributions that were untimely reported. When considering
26the amount of the fine to be imposed for willful or wanton

 

 

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1violations, the Board shall consider the number of days the
2contribution was reported late and past violations of this
3Section and Section 9-3. The Board may impose a fine for
4negligent or inadvertent violations of this subsection not to
5exceed 50% of the total amount of the contributions that were
6untimely reported, or the Board may waive the fine. When
7considering whether to impose a fine and the amount of the
8fine, the Board shall consider the following factors: (1)
9whether the political committee made an attempt to disclose
10the contribution and any attempts made to correct the
11violation, (2) whether the violation is attributed to a
12clerical or computer error, (3) the amount of the
13contribution, (4) whether the violation arose from a
14discrepancy between the date the contribution was reported
15transferred by a political committee and the date the
16contribution was received by a political committee, (5) the
17number of days the contribution was reported late, and (6)
18past violations of this Section and Section 9-3 by the
19political committee.
20    (d) For the purpose of this Section, a contribution is
21considered received on the date (i) a monetary contribution
22was deposited in a bank, financial institution, or other
23repository of funds for the committee, (ii) the date a
24committee receives notice a monetary contribution was
25deposited by an entity used to process financial transactions
26by credit card or other entity used for processing a monetary

 

 

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1contribution that was deposited in a bank, financial
2institution, or other repository of funds for the committee,
3or (iii) the public official, candidate, or political
4committee receives the notification of contribution of goods
5or services as required under subsection (b) of Section 9-6.
6    (e) A political committee that makes independent
7expenditures of $1,000 or more shall file a report
8electronically with the Board within 5 business days after
9making the independent expenditure, except that the report
10shall be filed within 2 business days after making the
11independent expenditure during the 60-day period before an
12election.
13    (e-5) An independent expenditure committee that makes an
14independent expenditure supporting or opposing a public
15official or candidate that, alone or in combination with any
16other independent expenditure made by that independent
17expenditure committee supporting or opposing that public
18official or candidate during the election cycle, equals an
19aggregate value of more than (i) $250,000 for statewide office
20or (ii) $100,000 for all other elective offices must file a
21written disclosure with the State Board of Elections within 2
22business days after making any expenditure that results in the
23independent expenditure committee exceeding the applicable
24threshold. The Board shall assess a civil penalty against an
25independent expenditure committee for failure to file the
26disclosure required by this subsection not to exceed (i) $500

 

 

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1for an initial failure to file the required disclosure and
2(ii) $1,000 for each subsequent failure to file the required
3disclosure.
4    (f) A copy of each report or statement filed under this
5Article shall be preserved by the person filing it for a period
6of two years from the date of filing.
7    (g) The Board may assess a civil penalty against a
8committee for any violation of this Section. The Board shall
9provide notice of any violation no later than 365 days after
10the date of the violation and provide the committee with an
11opportunity to appeal a violation. A committee shall not be
12fined if notice is not provided as required by this
13subsection. The fine assessed by the Board for a violation of
14this Section shall not exceed the amount of the contribution
15and may be no more than $500 for the first violation, no more
16than $1,000 for the second violation, no more than $2,000 for a
17third violation, and no more than $3,000 for any subsequent
18violations. When determining whether to waive or reduce a
19fine, the Board shall consider: (1) whether the political
20committee made an attempt to disclose the contribution and any
21attempts made to correct the violation; (2) whether the
22violation was inadvertent, knowingly, or intentional; (3)
23whether the violation is attributed to a clerical or computer
24error; (4) the amount of the contribution or total
25contributions in the report; (5) whether the violation arose
26from a discrepancy between the date the contribution was

 

 

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1reported and the date the contribution was received by a
2political committee; (6) the number of days the report was
3submitted late; and (7) any prior violations.
4(Source: P.A. 99-437, eff. 1-1-16.)
 
5    (10 ILCS 5/11-2)  (from Ch. 46, par. 11-2)
6    Sec. 11-2. Election precincts. The County Board in each
7county, except in counties having a population of 3,000,000
8inhabitants or over, shall, at its regular meeting in June or
9an adjourned meeting in July, divide its election precincts
10which contain more than 800 voters, into election districts so
11that each precinct district shall contain, as near as may be
12practicable, 1,200 registered 500 voters, and not more in any
13case than 800. Whenever the County Board ascertains that any
14election precinct contains more than 600 registered voters, it
15may divide such precinct, at its regular meeting in June, into
16election precincts so that each precinct shall contain, as
17nearly as may be practicable, 500 voters. Insofar as is
18practicable, each precinct shall be situated within a single
19congressional, legislative and representative district and in
20not more than one County Board district and one municipal
21ward. In order to situate each precinct within a single
22district or ward, the County Board shall change the boundaries
23of election precincts after each decennial census as soon as
24is practicable following the completion of congressional and
25legislative redistricting, except that, in 2021, the county

 

 

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1board shall change the boundaries at a regular or special
2meeting within 60 days after the effective date of this
3amendatory Act of the 102nd General Assembly. In determining
4whether a division of precincts should be made, the county
5board may anticipate increased voter registration in any
6precinct in which there is in progress new construction of
7dwelling units which will be occupied by voters more than 30
8days before the next election. Each district shall be composed
9of contiguous territory in as compact form as can be for the
10convenience of the electors voting therein. The several county
11boards in establishing districts shall describe them by metes
12and bounds and number them. And so often thereafter as it shall
13appear by the number of votes cast at the general election held
14in November of any year, that any election district or
15undivided election precinct contains more than 1,200
16registered 800 voters, the County Board of the county in which
17the district or precinct may be, shall at its regular meeting
18in June, or an adjourned meeting in July next, after such
19November election, redivide or readjust such election district
20or election precinct, so that no district or election precinct
21shall contain more than the number of votes above specified.
22If for any reason the County Board fails in any year to
23redivide or readjust the election districts or election
24precinct, then the districts or precincts as then existing
25shall continue until the next regular June meeting of the
26County Board; at which regular June meeting or an adjourned

 

 

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1meeting in July the County Board shall redivide or readjust
2the election districts or election precincts in manner as
3herein required. When at any meeting of the County Board any
4redivision, readjustment or change in name or number of
5election districts or election precincts is made by the County
6Board, the County Clerk shall immediately notify the State
7Board of Elections of such redivision, readjustment or change.
8The County Board in every case shall fix and establish the
9places for holding elections in its respective county and all
10elections shall be held at the places so fixed. The polling
11places shall in all cases be upon the ground floor in the front
12room, the entrance to which is in a highway or public street
13which is at least 40 feet wide, and is as near the center of
14the voting population of the precinct as is practicable, and
15for the convenience of the greatest number of electors to vote
16thereat; provided, however, where the County Board is unable
17to secure a suitable polling place within the boundaries of a
18precinct, it may select a polling place at the most
19conveniently located suitable place outside the precinct; but
20in no case shall an election be held in any room used or
21occupied as a saloon, dramshop, bowling alley or as a place of
22resort for idlers and disreputable persons, billiard hall or
23in any room connected therewith by doors or hallways. No
24person shall be permitted to vote at any election except at the
25polling place for the precinct in which he resides, except as
26otherwise provided in this Section or Article 19 of this Act.

 

 

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1In counties having a population of 3,000,000 inhabitants or
2over the County Board shall divide its election precincts and
3shall fix and establish places for holding elections as
4hereinbefore provided during the month of January instead of
5at its regular meeting in June or at an adjourned meeting in
6July.
7    However, in the event that additional divisions of
8election precincts are indicated after a division made by the
9County Board in the month of January, such additional
10divisions may be made by the County Board in counties having a
11population of 3,000,000 inhabitants or over, at the regular
12meeting in June or at adjourned meeting in July. The county
13board of such county may divide or readjust precincts at any
14meeting of the county board when the voter registration in a
15precinct has increased beyond 1,800 registered voters 800 and
16an election is scheduled before the next regular January or
17June meeting of the county board.
18    When in any city, village or incorporated town territory
19has been annexed thereto or disconnected therefrom, which
20annexation or disconnection becomes effective after election
21precincts or election districts have been established as above
22provided in this Section, the clerk of the municipality shall
23inform the county clerk thereof as provided in Section 4-21,
245-28.1, or 6-31.1, whichever is applicable. In the event that
25a regular meeting of the County Board is to be held after such
26notification and before any election, the County Board shall,

 

 

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1at its next regular meeting establish new election precinct
2lines in affected territory. In the event that no regular
3meeting of the County Board is to be held before such election
4the county clerk shall, within 5 days after being so informed,
5call a special meeting of the county board on a day fixed by
6him not more than 20 days thereafter for the purpose of
7establishing election precincts or election districts in the
8affected territory for the ensuing elections.
9    At any consolidated primary or consolidated election at
10which municipal officers are to be elected, and at any
11emergency referendum at which a public question relating to a
12municipality is to be voted on, notwithstanding any other
13provision of this Code, the election authority shall establish
14a polling place within such municipality, upon the request of
15the municipal council or board of trustees at least 60 days
16before the election and provided that the municipality
17provides a suitable polling place. To accomplish this purpose,
18the election authority may establish an election precinct
19constituting a single municipality of under 500 population for
20all elections, notwithstanding the minimum precinct size
21otherwise specified herein.
22    Notwithstanding the above, when there are no more than 50
23registered voters in a precinct who are entitled to vote in a
24local government or school district election, the election
25authority having jurisdiction over the precinct is authorized
26to reassign such voters to one or more polling places in

 

 

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1adjacent precincts, within or without the election authority's
2jurisdiction, for that election. For the purposes of such
3local government or school district election only, the votes
4of the reassigned voters shall be tallied and canvassed as
5votes from the precinct of the polling place to which such
6voters have been reassigned. The election authority having
7jurisdiction over the precinct shall approve all
8administrative and polling place procedures. Such procedures
9shall take into account voter convenience, and ensure that the
10integrity of the election process is maintained and that the
11secrecy of the ballot is not violated.
12    Except in the event of a fire, flood or total loss of heat
13in a place fixed or established by any county board or election
14authority pursuant to this Section as a polling place for an
15election, no election authority shall change the location of a
16polling place so established for any precinct after notice of
17the place of holding the election for that precinct has been
18given as required under Article 12 unless the election
19authority notifies all registered voters in the precinct of
20the change in location by first class mail in sufficient time
21for such notice to be received by the registered voters in the
22precinct at least one day prior to the date of the election.
23    The provisions of this Section apply to all precincts,
24including those where voting machines or electronic voting
25systems are used.
26(Source: P.A. 86-867.)
 

 

 

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1    (10 ILCS 5/11-3)  (from Ch. 46, par. 11-3)
2    Sec. 11-3. Election precincts.
3    (a) It shall be the duty of the Board of Commissioners
4established by Article 6 of this Act, within 2 months after its
5first organization, to divide the city, village or
6incorporated town which may adopt or is operating under
7Article 6, into election precincts, each of which shall be
8situated within a single congressional, legislative and
9representative district insofar as is practicable and in not
10more than one County Board district and one municipal ward; in
11order to situate each precinct within a single district or
12ward, the Board of Election Commissioners shall change the
13boundaries of election precincts after each decennial census
14as soon as is practicable following the completion of
15congressional and legislative redistricting and such precincts
16shall contain as nearly as practicable: (i) 1,200 registered
17voters if the precinct is located in a county with fewer than
183,000,000 inhabitants; or (ii) 1,800 registered voters if the
19precinct is located in a county with 3,000,000 or more
20inhabitants 600 qualified voters, and in making such division
21and establishing such precincts such board shall take as a
22basis the poll books, or the number of votes cast at the
23previous presidential election.
24    (b) Within 90 days after each presidential election, such
25board in a city with fewer than 500,000 inhabitants, village

 

 

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1or incorporated town shall revise and rearrange such precincts
2on the basis of the votes cast at such election, making such
3precincts to contain, as near as practicable, 1,200 registered
4voters or 1,800 registered voters, as applicable 600 actual
5voters; but at any time in all instances where the vote cast at
6any precinct, at any election, equals 800, there must be a
7rearrangement so as to reduce the vote to the standard of 600
8as near as may be. However, any apartment building in which
9more than 1,200 or 1,800 800 registered voters, as applicable,
10reside may be made a single precinct even though the vote in
11such precinct exceeds 1,200 or 1,800 registered voters, as
12applicable 800.
13    (c) Within 90 days after each presidential election, a
14board in a city with more than 500,000 inhabitants shall
15revise and rearrange such precincts on the basis of the votes
16cast at such election, making such precincts to contain, as
17near as practicable: (i) 1,200 registered voters if the
18precinct is located in a county with fewer than 3,000,000
19inhabitants; or (ii) 1,800 registered voters if the precinct
20is located in a county with 3,000,000 or more inhabitants , 400
21actual voters; but at any time in all instances where the vote
22cast at any precinct, at any election, equals 600, there must
23be a rearrangement so as to reduce the vote to the standard of
24400 as near as may be. However, any apartment building in which
25more than 1,200 registered voters or 1,800 registered voters,
26as applicable, 600 registered voters reside may be made a

 

 

10200SB0536ham002- 61 -LRB102 12960 HLH 30333 a

1single precinct even though the vote in such precinct exceeds
21,200 or 1,800 registered voters, as applicable 600.
3    (d) Immediately after the annexation of territory to the
4city, village or incorporated town becomes effective the Board
5of Election Commissioners shall revise and rearrange election
6precincts therein to include such annexed territory.
7    (e) Provided, however, that at any election where but one
8candidate is nominated and is to be voted upon at any election
9held in any political subdivision of a city, village or
10incorporated town, the Board of Election Commissioners shall
11have the power in such political subdivision to determine the
12number of voting precincts to be established in such political
13subdivision at such election, without reference to the number
14of qualified voters therein. The precincts in each ward,
15village or incorporated town shall be numbered from one
16upwards, consecutively, with no omission.
17    (f) The provisions of this Section apply to all precincts,
18including those where voting machines or electronic voting
19systems are used.
20(Source: P.A. 84-1308.)
 
21    (10 ILCS 5/11-4.2)  (from Ch. 46, par. 11-4.2)
22    Sec. 11-4.2. (a) Except as otherwise provided in
23subsection (b) all polling places shall be accessible to
24voters with disabilities and elderly voters, as determined by
25rule of the State Board of Elections, and each polling place

 

 

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1shall include at least one voting booth that is wheelchair
2accessible.
3    (b) Subsection (a) of this Section shall not apply to a
4polling place (1) in the case of an emergency, as determined by
5the State Board of Elections; or (2) if the State Board of
6Elections (A) determines that all potential polling places
7have been surveyed and no such accessible place is available,
8nor is the election authority able to make one accessible; and
9(B) assures that any voter with a disability or elderly voter
10assigned to an inaccessible polling place, upon advance
11request of such voter (pursuant to procedures established by
12rule of the State Board of Elections) will be provided with an
13alternative means for casting a ballot on the day of the
14election or will be assigned to an accessible polling place.
15    (c) No later than December 31 of each even numbered year,
16the State Board of Elections shall report to the General
17Assembly and the Federal Election Commission the number of
18accessible and inaccessible polling places in the State on the
19date of the next preceding general election, and the reasons
20for any instance of inaccessibility.
21(Source: P.A. 99-143, eff. 7-27-15.)
 
22    (10 ILCS 5/11-8)
23    (Section scheduled to be repealed on January 1, 2023)
24    Sec. 11-8. Vote centers.
25    (a) Notwithstanding any law to the contrary, election

 

 

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1authorities shall establish at least one location to be
2located at an office of the election authority or in the
3largest municipality within its jurisdiction where all voters
4in its jurisdiction are allowed to vote on election day during
5polling place hours, regardless of the precinct in which they
6are registered. An election authority establishing such a
7location under this Section shall identify the location, hours
8of operation, and any health and safety requirements by the
940th day preceding the 2022 general primary election and the
102022 general election and certify such to the State Board of
11Elections.
12    (b) This Section is repealed on January 1, 2023.
13(Source: P.A. 102-15, eff. 6-17-21.)
 
14    (10 ILCS 5/19-2)  (from Ch. 46, par. 19-2)
15    Sec. 19-2. Except as otherwise provided in this Code, any
16elector as defined in Section 19-1 may by mail or
17electronically on the website of the appropriate election
18authority, not more than 90 nor less than 5 days prior to the
19date of such election, or by personal delivery not more than 90
20nor less than one day prior to the date of such election, make
21application to the county clerk or to the Board of Election
22Commissioners for an official ballot for the voter's precinct
23to be voted at such election, or be added to a list of
24permanent vote by mail status voters who receive an official
25vote by mail ballot for subsequent elections. Such a ballot

 

 

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1shall be delivered to the elector only upon separate
2application by the elector for each election. Voters who make
3an application for permanent vote by mail ballot status shall
4follow the procedures specified in Section 19-3 and may apply
5year round. Voters whose application for permanent vote by
6mail status is accepted by the election authority shall remain
7on the permanent vote by mail list until the voter requests to
8be removed from permanent vote by mail status, the voter
9provides notice to the election authority of a change in
10registration that affects their registration status, or the
11election authority receives confirmation that the voter has
12subsequently registered to vote in another election authority
13jurisdiction county. The URL address at which voters may
14electronically request a vote by mail ballot shall be fixed no
15later than 90 calendar days before an election and shall not be
16changed until after the election. Such a ballot shall be
17delivered to the elector only upon separate application by the
18elector for each election.
19(Source: P.A. 102-15, eff. 6-17-21; revised 7-15-21.)
 
20    (10 ILCS 5/19-2.5)
21    Sec. 19-2.5. Notice for vote by mail ballot. An election
22authority shall notify all qualified voters, not more than 90
23days nor less than 45 days before a general or consolidated
24election, of the option for permanent vote by mail status
25using the following notice and including the application for

 

 

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1permanent vote by mail status in subsection (b) of Section
219-3:
3    "You may apply to permanently be placed on vote by mail
4status using the attached application.".
5(Source: P.A. 102-15, eff. 6-17-21.)
 
6    (10 ILCS 5/19-6)  (from Ch. 46, par. 19-6)
7    Sec. 19-6. Such vote by mail voter shall make and
8subscribe to the certifications provided for in the
9application and on the return envelope for the ballot, and
10such ballot or ballots shall be folded by such voter in the
11manner required to be folded before depositing the same in the
12ballot box, and be deposited in such envelope and the envelope
13securely sealed. The voter shall then endorse his certificate
14upon the back of the envelope and the envelope shall be mailed
15in person by such voter, postage prepaid, to the election
16authority issuing the ballot or, if more convenient, it may be
17delivered in person, by either the voter or by any person
18authorized by the voter, or by a company licensed as a motor
19carrier of property by the Illinois Commerce Commission under
20the Illinois Commercial Transportation Law, which is engaged
21in the business of making deliveries.
22    Election authorities shall accept any vote by mail ballot
23returned, including ballots returned with insufficient or no
24postage. Election authorities may maintain one or more secure
25collection sites for the postage-free return of vote by mail

 

 

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1ballots. Any election authority with collection sites shall
2collect all ballots returned each day at close of business and
3process them as required by this Code, including noting the
4day on which the ballot was collected returned. Ballots
5returned to such collection sites after close of business
6shall be dated as delivered the next day, with the exception of
7ballots delivered on election day, which shall be dated as
8received on election day. Election authorities shall permit
9electors to return vote by mail ballots at any collection site
10it has established through the close of polls on election day.
11All collection sites shall be secured by locks that may be
12opened only by election authority personnel. The State Board
13of Elections shall establish additional guidelines for the
14security of collection sites.
15     It shall be unlawful for any person not the voter or a
16person authorized by the voter to take the ballot and ballot
17envelope of a voter for deposit into the mail unless the ballot
18has been issued pursuant to application by a physically
19incapacitated elector under Section 3-3 or a hospitalized
20voter under Section 19-13, in which case any employee or
21person under the direction of the facility in which the
22elector or voter is located may deposit the ballot and ballot
23envelope into the mail. If the voter authorized a person to
24deliver the ballot to the election authority, the voter and
25the person authorized to deliver the ballot shall complete the
26authorization printed on the exterior envelope supplied by an

 

 

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1election authority for the return of the vote by mail ballot.
2The exterior of the envelope supplied by an election authority
3for the return of the vote by mail ballot shall include an
4authorization in substantially the following form:
 
5    I ............ (voter) authorize ............... to take
6the necessary steps to have this ballot delivered promptly to
7the office of the election authority.
 
8.......................              ........................
9         Date                           Signature of voter
 
10...............................................
11Printed Name of Authorized Delivery Agent
 
12...............................................
13Signature of Authorized Delivery Agency
 
14...............................................
15Date Delivered to the Election Authority
16(Source: P.A. 102-1, eff. 4-2-21.)
 
17    (10 ILCS 5/11-5 rep.)
18    Section 10. The Election Code is amended by repealing
19Section 11-5.
 

 

 

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1    Section 15. The Legislative Commission Reorganization Act
2of 1984 is amended by changing Section 9-2.5 as follows:
 
3    (25 ILCS 130/9-2.5)
4    Sec. 9-2.5. Newsletters and brochures. The Legislative
5Printing Unit may not print for any member of the General
6Assembly any newsletters or brochures during the period
7beginning February 1 of the year of a general primary
8election, except that in 2022 the period shall begin on May 15,
92022, and ending the day after the general primary election
10and during a period beginning September 1 of the year of a
11general election and ending the day after the general
12election. A member of the General Assembly may not mail,
13during a period beginning February 1 of the year of a general
14primary election and ending the day after the general primary
15election and during a period beginning September 1 of the year
16of a general election and ending the day after the general
17election, any newsletters or brochures that were printed, at
18any time, by the Legislative Printing Unit, except that such a
19newsletter or brochure may be mailed during those times if it
20is mailed to a constituent in response to that constituent's
21inquiry concerning the needs of that constituent or questions
22raised by that constituent.
23(Source: P.A. 95-6, eff. 6-20-07; 96-886, eff. 1-1-11.)
 
24    Section 20. The Counties Code is amended by changing

 

 

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1Section 2-3004 as follows:
 
2    (55 ILCS 5/2-3004)  (from Ch. 34, par. 2-3004)
3    Sec. 2-3004. Failure to complete reapportionment. If any
4county board fails to complete the reapportionment of its
5county by July 1 in 2011 or any 10 years thereafter or by the
6day after the county board's regularly scheduled July meeting
7in 2011 or any 10 years thereafter, or for the reapportionment
8of 2021, by December 31 the third Wednesday in November in the
9year after a federal decennial census year, whichever is
10later, the county clerk of that county shall convene the
11county apportionment commission. Three members of the
12commission shall constitute a quorum, but a majority of all
13the members must vote affirmatively on any determination made
14by the commission. The commission shall adopt rules for its
15procedure.
16    The commission shall develop an apportionment plan for the
17county in the manner provided by Section 2-3003, dividing the
18county into the same number of districts as determined by the
19county board. If the county board has failed to determine the
20size of the county board to be elected, then the number of
21districts and the number of members to be elected shall be the
22largest number to which the county is entitled under Section
232-3002.
24    The commission shall submit its apportionment plan by
25October 1 in the year that it is convened, or for the

 

 

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1reapportionment of 2021, by February 1, 2022, except that the
2circuit court, for good cause shown, may grant an extension of
3time, not exceeding a total of 60 days, within which such a
4plan may be submitted.
5(Source: P.A. 102-15, eff. 6-17-21.)
 
6    Section 25. The Downstate Forest Preserve District Act is
7amended by changing Section 3c and by adding Section 3c-1 as
8follows:
 
9    (70 ILCS 805/3c)
10    Sec. 3c. Elected board of commissioners in certain
11counties. If the boundaries of a district are co-extensive
12with the boundaries of a county having a population of more
13than 800,000 but less than 3,000,000, all commissioners of the
14forest preserve district shall be elected from the number of
15districts as determined by the forest preserve district board
16of commissioners. Such a forest preserve district is a
17separate and distinct legal entity, and its board members are
18elected separate and apart from the elected county
19commissioners. Upon its formation, or as a result of decennial
20reapportionment, such a forest preserve district shall adopt a
21district map determining the boundary lines of each district.
22That map shall be adjusted and reapportioned subject to the
23same decennial reapportionment process stated in Section 3c-1.
24No more than one commissioner shall be elected from each

 

 

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1district. The the same districts as members of the county
2board beginning with the general election held in 2002 and
3each succeeding general election. One commissioner shall be
4elected from each district. At their first meeting after their
5election in 2002 and following each subsequent decennial
6reapportionment of the county under Division 2-3 of the
7Counties Code, the elected commissioners shall publicly by lot
8divide themselves into 2 groups, as equal in size as possible.
9Commissioners from the first group shall serve for terms of 2,
104, and 4 years; and commissioners from the second group shall
11serve terms of 4, 4, and 2 years. Beginning with the general
12election in 2002, the president of the board of commissioners
13of the forest preserve district shall be elected by the voters
14of the county, rather than by the commissioners. The president
15shall be a resident of the county and shall be elected
16throughout the county for a 4-year term without having been
17first elected as commissioner of the forest preserve district.
18Each commissioner shall be a resident of the forest preserve
19county board district from which he or she was elected not
20later than the date of the commencement of the term of office.
21The term of office for the president and commissioners elected
22under this Section shall commence on the first Monday of the
23month following the month of election. Neither a commissioner
24nor the president of the board of commissioners of that forest
25preserve district shall serve simultaneously as member or
26chairman of the county board. No person shall seek election to

 

 

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1both the forest preserve commission and the county board at
2the same election, nor shall they be eligible to hold both
3offices at the same time. The president, with the advice and
4consent of the board of commissioners shall appoint a
5secretary, treasurer, and such other officers as deemed
6necessary by the board of commissioners, which officers need
7not be members of the board of commissioners. The president
8shall have the powers and duties as specified in Section 12 of
9this Act.
10    Candidates for president and commissioner shall be
11candidates of established political parties.
12    If a vacancy in the office of president or commissioner
13occurs, other than by expiration of the president's or
14commissioner's term, the forest preserve district board of
15commissioners shall declare that a vacancy exists and
16notification of the vacancy shall be given to the county
17central committee of each established political party within 3
18business days after the occurrence of the vacancy. If the
19vacancy occurs in the office of forest preserve district
20commissioner, the president of the board of commissioners
21shall, within 60 days after the date of the vacancy, with the
22advice and consent of other commissioners then serving,
23appoint a person to serve for the remainder of the unexpired
24term. The appointee shall be affiliated with the same
25political party as the commissioner in whose office the
26vacancy occurred and be a resident of such district. If a

 

 

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1vacancy in the office of president occurs, other than by
2expiration of the president's term, the remaining members of
3the board of commissioners shall, within 60 days after the
4vacancy, appoint one of the commissioners to serve as
5president for the remainder of the unexpired term. In that
6case, the office of the commissioner who is appointed to serve
7as president shall be deemed vacant and shall be filled within
860 days by appointment of the president with the advice and
9consent of the other forest preserve district commissioners.
10The commissioner who is appointed to fill a vacancy in the
11office of president shall be affiliated with the same
12political party as the person who occupied the office of
13president prior to the vacancy. A person appointed to fill a
14vacancy in the office of president or commissioner shall
15establish his or her party affiliation by his or her record of
16voting in primary elections or by holding or having held an
17office in an established political party organization before
18the appointment. If the appointee has not voted in a party
19primary election or is not holding or has not held an office in
20an established political party organization before the
21appointment, the appointee shall establish his or her
22political party affiliation by his or her record of
23participating in an established political party's nomination
24or election caucus. If, however, more than 28 months remain in
25the unexpired term of a commissioner or the president, the
26appointment shall be until the next general election, at which

 

 

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1time the vacated office of commissioner or president shall be
2filled by election for the remainder of the term.
3Notwithstanding any law to the contrary, if a vacancy occurs
4after the last day provided in Section 7-12 of the Election
5Code for filing nomination papers for the office of president
6of a forest preserve district where that office is elected as
7provided for in this Section, or as set forth in Section 7-61
8of the Election Code, a vacancy in nomination shall be filled
9by the passage of a resolution by the nominating committee of
10the affected political party within the time periods specified
11in the Election Code. The nominating committee shall consist
12of the chairman of the county central committee and the
13township chairmen of the affected political party. All other
14vacancies in nomination shall be filled in accordance with the
15provisions of the Election Code.
16    The president and commissioners elected under this Section
17may be reimbursed for their reasonable expenses actually
18incurred in performing their official duties under this Act in
19accordance with the provisions of Section 3a. The
20reimbursement paid under this Section shall be paid by the
21forest preserve district.
22    Compensation for the president and the forest preserve
23commissioners elected under this Section shall be established
24by the board of commissioners of the forest preserve district.
25    This Section does not apply to a forest preserve district
26created under Section 18.5 of the Conservation District Act.

 

 

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1(Source: P.A. 94-617, eff. 8-18-05; 94-900, eff. 6-22-06.)
 
2    (70 ILCS 805/3c-1 new)
3    Sec. 3c-1. Reapportionment plan for forest preserve
4districts under Section 3c.
5    (a) The Downstate Forest Preserve District board of
6commissioners shall develop an apportionment plan and specify
7the number of districts. Each district shall have one
8commissioner. Each such district:
9        (1) shall be substantially equal in population to each
10    other district; and
11        (2) shall be comprised of contiguous territory, as
12    nearly compact as practicable; and
13        (3) shall be created in such a manner so that no
14    precinct shall be divided between 2 or more districts,
15    insofar as is practicable.
16    (b) The president of the board of commissioners of a
17Downstate Forest Preserve District may develop a reappointment
18plan and that plan, as presented or as amended, shall be
19presented to the board by the third Wednesday in May in the
20year after a federal decennial census year for approval in
21accordance with the provisions of subsection (a) of this
22Section. If the president presents a plan to the board by the
23third Wednesday in May, the board shall conduct at least one
24public hearing to receive comments and to discuss the
25apportionment plan. That hearing shall be held at least 6 days

 

 

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1but not more than 21 days before the board may consider
2adopting the plan, and the public shall be given notice by
3publication in a newspaper of general circulation in the
4district of the hearing at least 6 days in advance of the
5hearing. The president of the board of commissioners shall
6have access to the federal decennial census available to the
7board.
8    (c) For the reapportionment in calendar year 2021, the
9president of the board of commissioners may develop and
10present (or redevelop and represent) to the board by the third
11Wednesday in November of 2021 an apportionment plan. If a plan
12is presented, the Board shall conduct at least one hearing on
13the proposed plan before it may be adopted. That hearing shall
14be held at least 6 days but not more than 21 days before the
15board may consider adopting the plan, and the public shall be
16given notice by publication in a newspaper of general
17circulation in the district of the hearing at least 6 days in
18advance of the hearing.
19    (d) After each decennial census, the Downstate Forest
20Preserve District board is not obligated to reapportion the
21districts if existing districts are within a 10% population
22deviation from each other based on the results of the
23decennial census.
24    (e) As used in this Section, "Downstate Forest Preserve
25District" means a district described in Section 3c.
 

 

 

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1    Section 30. The Circuit Courts Act is amended by changing
2Sections 2f, 2f-2, 2f-4, 2f-5, 2f-6, and 2f-9 as follows:
 
3    (705 ILCS 35/2f)  (from Ch. 37, par. 72.2f)
4    Sec. 2f. (a) The Circuit of Cook County shall be divided
5into 15 units to be known as subcircuits. The subcircuits
6shall be compact, contiguous, and substantially equal in
7population. The General Assembly shall create the subcircuits
8by law on or before July 1, 1991, using population data as
9determined by the 1990 Federal census.
10    (a-5) In 2022 In 2021, the General Assembly shall redraw
11the boundaries of the subcircuits to reflect the results of
12the 2020 federal decennial census. The General Assembly shall
13redraw the subcircuit boundaries after every federal decennial
14census. The subcircuits shall be compact, contiguous, and
15substantially equal in population. In accordance with
16subsection (d), a resident judgeship assigned to a subcircuit
17shall continue to be assigned to that subcircuit. Any vacancy
18in a resident judgeship existing on or occurring after the
19effective date of a law redrawing the boundaries of the
20subcircuits shall be filled by a resident of the redrawn
21subcircuit.
22    (b) The 165 resident judges to be elected from the Circuit
23of Cook County shall be determined under paragraph (4) of
24subsection (a) of Section 2 of the Judicial Vacancies Act.
25    (c) The Supreme Court shall allot (i) the additional

 

 

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1resident judgeships provided by paragraph (4) of subsection
2(a) of Section 2 of the Judicial Vacancies Act and (ii) all
3vacancies in resident judgeships existing on or occurring on
4or after the effective date of this amendatory Act of 1990,
5with respect to the other resident judgeships of the Circuit
6of Cook County, for election from the various subcircuits
7until there are 11 resident judges to be elected from each of
8the 15 subcircuits (for a total of 165). A resident judgeship
9authorized before the effective date of this amendatory Act of
101990 that became vacant and was filled by appointment by the
11Supreme Court before that effective date shall be filled by
12election at the general election in November of 1992 from the
13unit of the Circuit of Cook County within Chicago or the unit
14of that Circuit outside Chicago, as the case may be, in which
15the vacancy occurred.
16    (d) As soon as practicable after the subcircuits are
17created by law, the Supreme Court shall determine by lot a
18numerical order for the 15 subcircuits. That numerical order
19shall be the basis for the order in which resident judgeships
20are assigned to the subcircuits. After the first round of
21assignments, the second and all later rounds shall be based on
22the same numerical order. Once a resident judgeship is
23assigned to a subcircuit, it shall continue to be assigned to
24that subcircuit for all purposes.
25    (e) A resident judge elected from a subcircuit shall
26continue to reside in that subcircuit as long as he or she

 

 

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1holds that office. A resident judge elected from a subcircuit
2after January 1, 2008, must retain residency as a registered
3voter in the subcircuit to run for retention from the circuit
4at large thereafter.
5(Source: P.A. 101-477, eff. 6-1-20.)
 
6    (705 ILCS 35/2f-2)
7    Sec. 2f-2. 19th judicial circuit; subcircuits; additional
8judges.
9    (a) Prior to the boundaries of the subcircuits being
10redrawn under subsection (a-3), the 19th circuit shall be
11divided into 6 subcircuits. The subcircuits shall be compact,
12contiguous, and substantially equal in population. The General
13Assembly by law shall create the subcircuits, using population
14data as determined by the 2000 federal census, and shall
15determine a numerical order for the 6 subcircuits. That
16numerical order shall be the basis for the order in which
17resident judgeships are assigned to the subcircuits. The 6
18resident judgeships to be assigned that are not added by or
19converted from at-large judgeships as provided in this
20amendatory Act of the 96th General Assembly shall be assigned
21to the 1st, 2nd, 3rd, 4th, 5th, and 6th subcircuits, in that
22order. The 6 resident judgeships to be assigned that are added
23by or converted from at-large judgeships as provided in this
24amendatory Act of the 96th General Assembly shall be assigned
25to the 6th, 5th, 4th, 3rd, 2nd, and 1st subcircuits, in that

 

 

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1order. Once a resident judgeship is assigned to a subcircuit,
2it shall continue to be assigned to that subcircuit for all
3purposes.
4    (a-3) In 2022 In 2021, the General Assembly shall redraw
5the boundaries of the subcircuits to reflect the results of
6the 2020 federal decennial census and divide the 19th circuit
7into at least 10 subcircuits. The General Assembly shall
8redraw the subcircuit boundaries after every federal decennial
9census. The subcircuits shall be compact, contiguous, and
10substantially equal in population. Upon the division of
11subcircuits pursuant to this Section: (i) each resident
12judgeship shall be assigned to the newly drawn subcircuit in
13which the judge of the resident judgeship in question resides;
14and (ii) each at-large judgeship shall be converted to a
15resident judgeship and assigned to the subcircuit in which the
16judge of the converted judgeship in question resides. Once a
17resident judgeship is assigned to a subcircuit or an at-large
18judgeship is converted to a resident judgeship and assigned to
19a subcircuit, it shall be assigned to that subcircuit for all
20purposes. Any vacancy in a resident judgeship existing on or
21occurring after the effective date of a law redrawing the
22boundaries of the subcircuits shall be filled by a resident of
23the redrawn subcircuit. When a vacancy occurs in a resident
24judgeship, the resident judgeship shall be allotted by the
25Supreme Court under subsection (c) and filled by election.
26Notwithstanding the preceding 2 sentences, the resident

 

 

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1judgeship shall not be allotted by the Supreme Court and
2filled by election if, after the vacancy arises, there are
3still 2 or more nonvacant resident judgeships in the
4subcircuit of the vacant resident judgeship in question.
5    (a-5) Of the at-large judgeships of the 19th judicial
6circuit, the first 3 that are or become vacant on or after the
7effective date of this amendatory Act of the 96th General
8Assembly shall become resident judgeships of the 19th judicial
9circuit to be allotted by the Supreme Court under subsection
10(c) and filled by election, except that the Supreme Court may
11fill those judgeships by appointment for any remainder of a
12vacated term until the resident judgeships are filled
13initially by election. As used in this subsection, a vacancy
14does not include the expiration of a term of an at-large judge
15who seeks retention in that office at the next term.
16    (a-10) The 19th judicial circuit shall have 3 additional
17resident judgeships to be allotted by the Supreme Court under
18subsection (c). One of the additional resident judgeships
19shall be filled by election beginning at the 2010 general
20election. Two of the additional resident judgeships shall be
21filled by election beginning at the 2012 general election.
22    (a-15) The 19th judicial circuit shall have additional
23resident judgeships as provided by subsection (a-3) to be
24allotted by the Supreme Court under subsection (c). The
25resident judgeships shall be allotted by the Supreme Court in
26numerical order as provided by the General Assembly upon the

 

 

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1redrawing of boundaries and the division of subcircuits
2pursuant to subsection (a-3). Two additional resident
3judgeships allotted by the Supreme Court pursuant to this
4subsection, in numerical order as provided by the General
5Assembly, shall be filled by election beginning at the 2022
6general election. The remainder of the additional resident
7judgeships shall be filled by election at the 2024 election.
8    (a-20) In addition to the 2 judgeships filled by election
9at the 2022 election as provided by subsection (a-15), any
10judgeship that became vacant after January 1, 2020 and on the
11effective date of this amendatory Act of the 102nd General
12Assembly is held by an individual appointed by the Supreme
13Court also shall be filled by election at the 2022 general
14election. This subsection is subject to the requirement of
15subsection (a-3) that no judgeship shall be allotted by the
16Supreme Court and filled by election if, after the vacancy
17arises, there are still 2 or more nonvacant resident
18judgeships in the subcircuit of the vacant resident judgeship
19in question.
20    (b) The 19th circuit shall have a total of 12 resident
21judgeships (6 resident judgeships existing on the effective
22date of this amendatory Act of the 96th General Assembly, 3
23formerly at-large judgeships as provided in subsection (a-5),
24and 3 resident judgeships added by subsection (a-10)). The
25number of resident judgeships allotted to subcircuits of the
2619th judicial circuit pursuant to this Section shall

 

 

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1constitute all the resident judgeships of the 19th judicial
2circuit.
3    (c) The Supreme Court shall allot (i) all vacancies in
4resident judgeships of the 19th circuit existing on or
5occurring on or after the effective date of this amendatory
6Act of the 93rd General Assembly and not filled at the 2004
7general election, (ii) the resident judgeships of the 19th
8circuit filled at the 2004 general election as those
9judgeships thereafter become vacant, (iii) the 3 formerly
10at-large judgeships described in subsection (a-5) as they
11become available, (iv) the 3 resident judgeships added by
12subsection (a-10), and (v) the additional resident judgeships
13provided for by subsection (a-3), for election from the
14various subcircuits until there are 2 resident judges to be
15elected from each subcircuit. No resident judge of the 19th
16circuit serving on the effective date of this amendatory Act
17of the 93rd General Assembly shall be required to change his or
18her residency in order to continue serving in office or to seek
19retention in office as resident judgeships are allotted by the
20Supreme Court in accordance with this Section.
21    (d) A resident judge elected from a subcircuit shall
22continue to reside in that subcircuit as long as he or she
23holds that office. A resident judge elected from a subcircuit
24after January 1, 2008, must retain residency as a registered
25voter in the subcircuit to run for retention from the circuit
26at-large thereafter.

 

 

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1    (e) Vacancies in resident judgeships of the 19th circuit
2shall be filled in the manner provided in Article VI of the
3Illinois Constitution.
4(Source: P.A. 101-477, eff. 6-1-20; 102-380, eff. 8-13-21.)
 
5    (705 ILCS 35/2f-4)
6    Sec. 2f-4. 12th circuit; subcircuits; additional judges.
7    (a) The 12th circuit shall be divided into 5 subcircuits.
8The subcircuits shall be compact, contiguous, and
9substantially equal in population. The General Assembly by law
10shall create the subcircuits, using population data as
11determined by the 2000 federal census, and shall determine a
12numerical order for the 5 subcircuits. That numerical order
13shall be the basis for the order in which resident judgeships
14are assigned to the subcircuits. The 5 resident judgeships to
15be assigned after the effective date of this amendatory Act of
16the 96th General Assembly shall be assigned to the 3rd, 4th,
175th, 1st, and 2nd subcircuits, in that order. Once a resident
18judgeship is assigned to a subcircuit, it shall continue to be
19assigned to that subcircuit for all purposes.
20    (a-5) In 2022 In 2021, the General Assembly shall redraw
21the boundaries of the subcircuits to reflect the results of
22the 2020 federal decennial census. The General Assembly shall
23redraw the subcircuit boundaries after every federal decennial
24census. The subcircuits shall be compact, contiguous, and
25substantially equal in population. In accordance with

 

 

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1subsection (a), a resident judgeship assigned to a subcircuit
2shall continue to be assigned to that subcircuit. Any vacancy
3in a resident judgeship existing on or occurring after the
4effective date of a law redrawing the boundaries of the
5subcircuits shall be filled by a resident of the redrawn
6subcircuit.
7    (a-10) The first vacancy in the 12th judicial circuit's 10
8existing circuit judgeships (8 at large and 2 resident), but
9not in the additional judgeships described in subsections (b)
10and (b-5), that exists on or after the effective date of this
11amendatory Act of the 94th General Assembly shall not be
12filled, by appointment or election, and that judgeship is
13eliminated. Of the 12th judicial circuit's 10 existing circuit
14judgeships (8 at large and 2 resident), but not the additional
15judgeships described in subsections (b) and (b-5), the second
16to be vacant or become vacant on or after the effective date of
17this amendatory Act of the 94th General Assembly shall be
18allotted as a 12th circuit resident judgeship under subsection
19(c).
20    (a-15) Of the at large judgeships of the 12th judicial
21circuit not affected by subsection (a-10), the first 2 that
22are or become vacant on or after the effective date of this
23amendatory Act of the 96th General Assembly shall become
24resident judgeships of the 12th judicial circuit to be
25allotted by the Supreme Court under subsection (c) and filled
26by election, except that the Supreme Court may fill those

 

 

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1judgeships by appointment for any remainder of a vacated term
2until the resident judgeships are filled initially by
3election.
4    (a-20) As used in subsections (a-10) and (a-15), a vacancy
5does not include the expiration of a term of an at large or
6resident judge who seeks retention in that office at the next
7term.
8    (b) The 12th circuit shall have 6 additional resident
9judgeships, as well as its existing resident judgeship as
10established in subsection (a-10), and existing at large
11judgeships, for a total of 15 judgeships available to be
12allotted under subsection (c) to the 10 subcircuit resident
13judgeships. The additional resident judgeship created by
14Public Act 93-541 shall be filled by election beginning at the
15general election in 2006. The 2 additional resident judgeships
16created by this amendatory Act of 2004 shall be filled by
17election beginning at the general election in 2008. The
18additional resident judgeships created by this amendatory Act
19of the 96th General Assembly shall be filled by election
20beginning at the general election in 2010. After the
21subcircuits are created by law, the Supreme Court may fill by
22appointment the additional resident judgeships created by
23Public Act 93-541, this amendatory Act of 2004, and this
24amendatory Act of the 96th General Assembly until the 2006,
252008, or 2010 general election, as the case may be.
26    (b-5) In addition to the number of circuit judges and

 

 

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1resident judges otherwise authorized by law, and
2notwithstanding any other provision of law, beginning on April
31, 2006 there shall be one additional resident judge who is a
4resident of and elected from the fourth judicial subcircuit of
5the 12th judicial circuit. That additional resident judgeship
6may be filled by appointment by the Supreme Court until filled
7by election at the general election in 2008, regardless of
8whether the judgeships for subcircuits 1, 2, and 3 have been
9filled.
10    (c) The Supreme Court shall allot (i) the additional
11resident judgeships of the 12th circuit created by Public Act
1293-541, this amendatory Act of 2004, and this amendatory Act
13of the 96th General Assembly, (ii) the second vacancy in the at
14large and resident judgeships of the 12th circuit as provided
15in subsection (a-10), and (iii) the 2 formerly at large
16judgeships described in subsection (a-15) as they become
17available, for election from the various subcircuits until,
18with the additional judge of the fourth subcircuit described
19in subsection (b-5), there are 2 resident judges to be elected
20from each subcircuit. No at large or resident judge of the 12th
21circuit serving on August 18, 2003 shall be required to change
22his or her residency in order to continue serving in office or
23to seek retention in office as at large or resident judgeships
24are allotted by the Supreme Court in accordance with this
25Section.
26    (d) A resident judge elected from a subcircuit shall

 

 

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1continue to reside in that subcircuit as long as he or she
2holds that office. A resident judge elected from a subcircuit
3after January 1, 2008, must retain residency as a registered
4voter in the subcircuit to run for retention from the circuit
5at large thereafter.
6    (e) Vacancies in resident judgeships of the 12th circuit
7shall be filled in the manner provided in Article VI of the
8Illinois Constitution, except as otherwise provided in this
9Section.
10(Source: P.A. 101-477, eff. 6-1-20.)
 
11    (705 ILCS 35/2f-5)
12    Sec. 2f-5. 22nd circuit; subcircuits; additional resident
13judgeship.
14    (a) The 22nd circuit shall be divided into 4 subcircuits.
15The subcircuits shall be compact, contiguous, and
16substantially equal in population. The General Assembly by law
17shall create the subcircuits, using population data as
18determined by the 2000 federal census, and shall determine a
19numerical order for the 4 subcircuits. That numerical order
20shall be the basis for the order in which resident judgeships
21are assigned to the subcircuits. Once a resident judgeship is
22assigned to a subcircuit, it shall continue to be assigned to
23that subcircuit for all purposes.
24    (a-5) In 2022 In 2021, the General Assembly shall redraw
25the boundaries of the subcircuits to reflect the results of

 

 

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1the 2020 federal decennial census. The General Assembly shall
2redraw the subcircuit boundaries after every federal decennial
3census. The subcircuits shall be compact, contiguous, and
4substantially equal in population. In accordance with
5subsection (a), a resident judgeship assigned to a subcircuit
6shall continue to be assigned to that subcircuit. Any vacancy
7in a resident judgeship existing on or occurring after the
8effective date of a law redrawing the boundaries of the
9subcircuits shall be filled by a resident of the redrawn
10subcircuit.
11    (b) Other than the resident judgeship added by this
12amendatory Act of the 96th General Assembly, the 22nd circuit
13shall have one additional resident judgeship, as well as its 3
14existing resident judgeships, for a total of 4 resident
15judgeships to be allotted to the 4 subcircuit resident
16judgeships. The additional resident judgeship created by this
17amendatory Act of the 93rd General Assembly shall be filled by
18election beginning at the general election in 2006 and shall
19not be filled by appointment before the general election in
202006. The number of resident judgeships allotted to
21subcircuits of the 22nd judicial circuit pursuant to this
22Section, and the resident judgeship added by this amendatory
23Act of the 96th General Assembly, shall constitute all the
24resident judgeships of the 22nd judicial circuit.
25    (c) The Supreme Court shall allot (i) all eligible
26vacancies in resident judgeships of the 22nd circuit existing

 

 

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1on or occurring on or after August 18, 2003 and not filled at
2the 2004 general election, (ii) the resident judgeships of the
322nd circuit filled at the 2004 general election as those
4judgeships thereafter become vacant, and (iii) the additional
5resident judgeship of the 22nd circuit created by this
6amendatory Act of the 93rd General Assembly, for election from
7the various subcircuits until there is one resident judge to
8be elected from each subcircuit. No resident judge of the 22nd
9circuit serving on August 18, 2003 shall be required to change
10his or her residency in order to continue serving in office or
11to seek retention in office as resident judgeships are
12allotted by the Supreme Court in accordance with this Section.
13    (d) A resident judge elected from a subcircuit shall
14continue to reside in that subcircuit as long as he or she
15holds that office. A resident judge elected from a subcircuit
16after January 1, 2008, must retain residency as a registered
17voter in the subcircuit to run for retention from the circuit
18at large thereafter.
19    (e) Vacancies in resident judgeships of the 22nd circuit
20shall be filled in the manner provided in Article VI of the
21Illinois Constitution.
22(Source: P.A. 101-477, eff. 6-1-20.)
 
23    (705 ILCS 35/2f-6)
24    Sec. 2f-6. 17th judicial circuit; subcircuits.
25    (a) The 17th circuit shall be divided into 4 subcircuits.

 

 

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1The subcircuits shall be compact, contiguous, and
2substantially equal in population. The General Assembly by law
3shall create the subcircuits, using population data as
4determined by the 2000 federal census, and shall determine a
5numerical order for the 4 subcircuits. That numerical order
6shall be the basis for the order in which resident judgeships
7are assigned to the subcircuits. Once a resident judgeship is
8assigned to a subcircuit, it shall continue to be assigned to
9that subcircuit for all purposes.
10    (a-5) In 2022 In 2021, the General Assembly shall redraw
11the boundaries of the subcircuits to reflect the results of
12the 2020 federal decennial census. The General Assembly shall
13redraw the subcircuit boundaries after every federal decennial
14census. The subcircuits shall be compact, contiguous, and
15substantially equal in population. In accordance with
16subsection (a), a resident judgeship assigned to a subcircuit
17shall continue to be assigned to that subcircuit. Any vacancy
18in a resident judgeship existing on or occurring after the
19effective date of a law redrawing the boundaries of the
20subcircuits shall be filled by a resident of the redrawn
21subcircuit.
22    (a-10) Of the 17th circuit's 9 circuit judgeships existing
23on April 7, 2005 (6 at large and 3 resident), but not including
24the one resident judgeship added by this amendatory Act of the
2596th General Assembly, the 3 resident judgeships shall be
26allotted as 17th circuit resident judgeships under subsection

 

 

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1(c) as those resident judgeships are or become vacant on or
2after the effective date of this amendatory Act of the 93rd
3General Assembly. Of the 17th circuit's associate judgeships,
4the first associate judgeship that is or becomes vacant on or
5after the effective date of this amendatory Act of the 93rd
6General Assembly shall become a resident judgeship of the 17th
7circuit to be allotted by the Supreme Court under subsection
8(c) as a resident subcircuit judgeship. These resident
9judgeships, and the one resident judgeship added by this
10amendatory Act of the 96th General Assembly, shall constitute
11all of the resident judgeships of the 17th circuit. As used in
12this subsection, a vacancy does not include the expiration of
13a term of a resident judge who seeks retention in that office
14at the next term. A vacancy does not exist or occur at the
15expiration of an associate judge's term if the associate judge
16is reappointed.
17    (b) The 17th circuit shall have a total of 4 judgeships (3
18resident judgeships existing on April 7, 2005 and one
19associate judgeship), but not including the one resident
20judgeship added by this amendatory Act of the 96th General
21Assembly, available to be allotted to the 4 subcircuit
22resident judgeships.
23    (c) The Supreme Court shall allot (i) the 3 resident
24judgeships of the 17th circuit existing on April 7, 2005 as
25they are or become vacant as provided in subsection (a-10) and
26(ii) the one associate judgeship converted into a resident

 

 

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1judgeship of the 17th circuit as it is or becomes vacant as
2provided in subsection (a-10), for election from the various
3subcircuits until there is one resident judge to be elected
4from each subcircuit. No resident or associate judge of the
517th circuit serving on the effective date of this amendatory
6Act of the 93rd General Assembly shall be required to change
7his or her residency in order to continue serving in office or
8to seek retention or reappointment in office as resident
9judgeships are allotted by the Supreme Court in accordance
10with this Section.
11    (d) A resident judge elected from a subcircuit shall
12continue to reside in that subcircuit as long as he or she
13holds that office. A resident judge elected from a subcircuit
14after January 1, 2008, must retain residency as a registered
15voter in the subcircuit to run for retention from the circuit
16at large thereafter.
17    (e) Vacancies in resident judgeships of the 17th circuit
18shall be filled in the manner provided in Article VI of the
19Illinois Constitution.
20(Source: P.A. 101-477, eff. 6-1-20.)
 
21    (705 ILCS 35/2f-9)
22    Sec. 2f-9. 16th judicial circuit; subcircuits.
23    (a) The 16th circuit shall be divided into 4 subcircuits.
24Subcircuits 1, 2, and 4 of the 16th circuit in existence on
25April 15, 2011 shall continue to use their established

 

 

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1boundaries in the new 16th circuit as of December 3, 2012.
2Subcircuit 3 in existence on April 15, 2011 shall continue to
3use its established boundary until December 3, 2012. For a
4judge elected to subcircuit 3 as of April 15, 2011, the current
5boundaries in existence as of April 15, 2011 shall continue
6until the conclusion of the existing term of office, following
7the 2012 general election, and upon the conclusion of the
8existing term of office, the new boundary shall go into
9effect. The new boundary for subcircuit 3 shall contain and be
10made up of the following townships in the County of Kane,
11excluding the portions of the townships currently served by
12subcircuit 1, 2, or 4: Aurora, Blackberry, Big Rock,
13Burlington, Campton, Dundee, Elgin, Hampshire, Kaneville,
14Plato, Rutland, Sugar Grove, and Virgil. The subcircuits shall
15be compact, contiguous, and substantially equal in population.
16The General Assembly by law shall create the subcircuits,
17using population data as determined by the 2000 federal
18census, and shall determine a numerical order for the 4
19subcircuits. That numerical order shall be the basis for the
20order in which resident judgeships are assigned to the
21subcircuits. Once a resident judgeship is assigned to a
22subcircuit, it shall continue to be assigned to that
23subcircuit for all purposes.
24    (a-5) In 2022 In 2021, the General Assembly shall redraw
25the boundaries of the subcircuits to reflect the results of
26the 2020 federal decennial census. The General Assembly shall

 

 

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1redraw the subcircuit boundaries after every federal decennial
2census. The subcircuits shall be compact, contiguous, and
3substantially equal in population. In accordance with
4subsection (a), a resident judgeship assigned to a subcircuit
5shall continue to be assigned to that subcircuit. Any vacancy
6in a resident judgeship existing on or occurring after the
7effective date of a law redrawing the boundaries of the
8subcircuits shall be filled by a resident of the redrawn
9subcircuit.
10    (b) (Blank).
11    (c) No resident judge of the 16th circuit serving on the
12effective date of this amendatory Act of the 93rd General
13Assembly shall be required to change his or her residency in
14order to continue serving in office or to seek retention in
15office as judgeships are allotted by the Supreme Court in
16accordance with this Section. No resident judge elected from a
17subcircuit serving on the effective date of this amendatory
18Act of the 97th General Assembly shall be required to change
19his or her residency in order to continue serving in or to seek
20retention in office until the 2012 general election, or until
21the conclusion of the existing term.
22    (d) A resident judge elected from a subcircuit shall
23continue to reside in that subcircuit as long as he or she
24holds that office. A resident judge elected from a subcircuit
25after January 1, 2008, must retain residency as a registered
26voter in the subcircuit to run for retention from the circuit

 

 

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1at large thereafter. A resident judge elected from a
2subcircuit after January 1, 2011, must retain residency as a
3registered voter in the subcircuit to run for retention from
4the circuit at large thereafter.
5    (e) Vacancies in resident judgeships of the 16th circuit
6shall be filled in the manner provided in Article VI of the
7Illinois Constitution.
8(Source: P.A. 101-477, eff. 6-1-20.)
 
9    Section 95. No acceleration or delay. Where this Act makes
10changes in a statute that is represented in this Act by text
11that is not yet or no longer in effect (for example, a Section
12represented by multiple versions), the use of that text does
13not accelerate or delay the taking effect of (i) the changes
14made by this Act or (ii) provisions derived from any other
15Public Act.
 
16    Section 97. Severability. The provisions of this Act are
17severable under Section 1.31 of the Statute on Statutes.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".