(10 ILCS 5/17-18.1) (from Ch. 46, par. 17-18.1)
Sec. 17-18.1.
Wherever the judicial retention ballot to be used in
any general election contains the names of more than 15 judges on a
separate paper ballot, the County Clerk or Board of Election
Commissioners as the case may be, shall designate special judges of
election for the purpose of tallying and canvassing the votes cast for
and against the propositions for the retention of judges in office in
such places and at such times as the County Clerk or Board of Election
Commissioners determine. Special judges of election shall be designated
from certified lists submitted by the respective chairmen of the county
central committees of the two leading political parties. In the event
that the County Clerk or Board of Election Commissioners as the case may
be, decides that the counting of the retention ballots shall be
performed in the precinct where such ballots are cast, 2 special judges
of election shall be designated to tally and canvass the vote of each
precinct with one being named from each of the 2 leading political
parties.
In the event that the County Clerk or Board of Election Commissioners
decides that the judicial retention ballots from several precincts shall
be tallied and canvassed in a central or common location, then each
major political party shall be entitled to an equal number of special
election judges in each such central or common location. The County
Clerk or Board of Election Commissioners, as the case may be, shall
inform, no later than 75 days prior to such election, the respective
chairmen of the county central committees of the location or locations
where the counting of retention ballots will be done, the number of names
to be included on the certified lists, and the number of special
election judges to be selected from those lists. If the certified list
for either party is not submitted within thirty days after the chairmen
have been so informed, the County Clerk or Board of Election
Commissioners shall designate special judges of election for that party
in whatever manner it determines.
The County Clerk or Board of Election Commissioners shall apply to
the Circuit Court for the confirmation of the special judges of election
designated under this Section. The court shall confirm or refuse to
confirm such designations as the interest of the public may require.
Those confirmed shall be officers of the court and subject to its
disciplinary powers.
The County Clerk or Board of Election Commissioners shall, in the
exercise of sound discretion, prescribe the forms, materials and
supplies together with the procedures for completion and return thereof
for use in such election by special judges of election. The special
judges of election designated under this Section shall have full
responsibility and authority for tallying and canvassing the votes
pertaining to the retention of judges and the return of ballots and
supplies.
If the County Clerk or Board of Election Commissioners decides that
the counting of the retention ballots shall be performed in the precinct
where such ballots were cast, at least 2 ballot boxes shall be provided
for paper retention ballots, one of which shall be used from the opening
of the polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and the
second of which shall be used from 9:00 a.m. until 12:00 noon and from
3:00 p.m. until the closing of the polls; provided that if additional
ballot boxes are provided, the additional boxes shall be used instead of
reusing boxes used earlier. At the close of each such period of use, a
ballot box used for retention ballots shall be immediately unsealed and
opened and the ballots therein counted and tallied by the special judges
of election. After counting and tallying the retention ballots, the
special judges of election shall place the counted ballots in a
container provided for that purpose by the County Clerk or Board of
Election Commissioners and clearly marked with the appropriate printing
and shall thereupon seal such container. One such container shall be
provided for each of the four time periods and clearly designated as the
container for the respective period. The tally shall be recorded on
sheets provided by the County Clerk or Board of Election Commissioners
and designated as tally sheets for the respective time periods. Before a
ballot box may be reused, it shall in the presence of all of the judges
of election be verified to be empty, whereupon it shall be resealed.
After the close of the polls, and after the tally of votes cast by vote by mail
voters, the special judges of election shall add together the
tallies of all the ballot boxes used throughout the day, and complete
the canvass of votes for retention of judges in the manner established
by this Act. All of these procedures shall be carried out within the
clear view of the other judges of election. The sealed containers of
used retention ballots shall be returned with other voted ballots to the
County Clerk or Board of Election Commissioners in the manner provided
by this Act.
The compensation of a special judge of election may not exceed $30
per judge per precinct or district canvassed.
This Section does not affect any other office or the conduct of any
other election held at the same time as the election for the retention
of judges in office.
(Source: P.A. 100-1027, eff. 1-1-19.)
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(10 ILCS 5/17-19) (from Ch. 46, par. 17-19)
Sec. 17-19.
(Repealed).
(Source: P.A. 77-1762. Repealed by P.A. 89-700, eff. 1-17-97.)
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(10 ILCS 5/17-19.2) (from Ch. 46, par. 17-19.2)
Sec. 17-19.2.
Where a vacancy in nomination is filled pursuant to
Section 7-61 or Section 10-11, the vote by mail votes cast for the original
candidate on the first ballot shall not be counted. For this purpose, in
those jurisdictions where electronic voting systems are used, the
election authority shall determine a method by which the first ballots
containing the name of the original candidate may be segregated from the
revised ballots containing the name of the successor candidate and
separately counted.
Where a vacancy in nomination is not filled pursuant to Section 7-61
or Section 10-11, all votes cast for the original candidate shall be counted
for such candidate.
(Source: P.A. 98-1171, eff. 6-1-15.)
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(10 ILCS 5/17-20) (from Ch. 46, par. 17-20)
Sec. 17-20.
When the canvass of the ballots has been completed, the
tally judges shall announce to the judges the total number of votes
received by each candidate; each judge of the election shall proclaim in
a loud voice the total number of votes received by each of the persons
voted for and the office for which he is designated, and the number of
votes for and number of votes against any proposition which has been
submitted to a vote of the people; such proclamation shall be prima
facie evidence of the result of such canvass of the ballots.
Immediately after making such proclamation the judges
shall designate one of their number to go
to the nearest telephone and report to the office of the county clerk
the results announced in such proclamation. The county clerk in such
counties shall keep his office open after the close of the polls on the
day of any election and thereafter until he has received from each
precinct in such county the report above provided for. Immediately upon
receiving such report the county clerk shall cause the same to be posted
in a public place in his office for inspection by the public.
Immediately after making such report such judge shall return to the
polling place.
After making such proclamation and before separating, the judges of
all counties shall fold or roll all of the ballots which have been
counted by them, except those ballots which have been in the ballot box
but have not been counted and marked "defective" or "objected to",
securely bind them, lengthwise and in width, with a soft cord having a
minimum tensile strength of 60 pounds, and wrap the same with heavy
wrapping paper on which the judges of election shall write their
signature and seal the package with filament over the
signatures and around the package lengthwise and crosswise, at least twice
each way, so that the
ballots cannot be removed from the package without breaking the seal and
the filament tape and disturbing the signatures, and enclose
the ballots so wrapped, together with the envelope containing the
ballots marked "defective" or "objected to", in a secure canvass
covering, which the judges of election shall sign and seal with
filament tape as above specified. The precinct judges of
election shall elect 2 judges (one from each of the major political
parties), who shall immediately return the ballots, in such sealed
canvass covering, to the election authority who
shall keep their respective offices, or any receiving stations designated
by them, open for at least 12 consecutive hours after the polls close, or
until the ballots from all precincts within the jurisdiction of any such
election authority are returned to the office of such election authority,
signed and sealed as above specified. Ballots returned to the office of an
election authority which are not signed and sealed as above specified shall
not be accepted until the judges returning the same sign and properly seal
the same. Upon acceptance of the returned ballots by the election
authority, the judges returning the same shall take a receipt signed by the
election authority and stamped with the time and date of such return. The
election judges whose duty it is to return any ballots as above provided
shall, in the event such ballots cannot be found when
needed, on proper request, produce the receipt which they are to take as
above provided. Upon receiving the ballots so returned, the election authority
shall carefully preserve the
ballots for 2 months, subject to their examination in a discovery recount
proceeding in accordance with law. However, where electronic voting systems
are used, the apparatus or frame in which the ballot booklet is contained
shall not be subject to the 2 month preservation requirement. At the expiration
of that time such election authority shall
remove the same from original package and shall destroy the same,
together with all unused ballots returned from the polling places. If any contest
of election is pending at such time in which such ballots may be
required as evidence, and such election authority has
notice thereof the same shall not be destroyed until after such contest
is finally determined.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 83-1362.)
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(10 ILCS 5/17-21) (from Ch. 46, par. 17-21)
Sec. 17-21.
When the votes shall have been examined and counted, the judges
shall set down on a sheet or return form to be supplied to them, the name of
every person voted for, written or printed at full length, the office
for which such person received such votes, and the number he did receive
and such additional information as is necessary to complete, as nearly
as circumstances will admit, the following form, to-wit:
TALLY SHEET AND CERTIFICATE OF
RESULTS
We do hereby certify that at the .... election held in the precinct
hereinafter (general or special) specified on (insert date), a total of
.... voters requested and received ballots and we do further certify:
Number of blank ballots delivered to us ....
Number of vote by mail ballots delivered to us ....
Total number of ballots delivered to us ....
Number of blank and spoiled ballots returned.
(1) Total number of ballots cast (in box)....
.... Defective and Objected To ballots sealed in envelope
(2) .... Total number of ballots cast (in box)
Line (2) equals line (1)
We further certify that each of the candidates for representative in
the General Assembly received the number of votes ascribed to him on the
separate tally sheet.
We further certify that each candidate received the number of votes
set forth opposite his name or in the box containing his name on the
tally sheet contained in the page or pages immediately following our
signatures.
The undersigned actually served as judges and counted the ballots at
the election on the .... day of .... in the .... precinct of the (1)
*township of ...., or (2) *City of ...., or (3) *.... ward in the city
of .... and the polls were opened at 6:00 A.M. and closed at 7:00 P.M.
Certified by us.
*Fill in either (1), (2) or (3)
A B, ....(Address)
C D, ....(Address)
E F, ....(Address)
G H, ....(Address)
I J, ....(Address)
Each tally sheet shall be in substantially one of the following forms:
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(Source: P.A. 98-463, eff. 8-16-13; 98-1171, eff. 6-1-15.)
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(10 ILCS 5/17-22) (from Ch. 46, par. 17-22) Sec. 17-22. The judges of election shall make the tally sheet and
certificate of results in triplicate. If, however, the number of
established political parties, as defined in Section 10-2, exceeds 2,
one additional copy shall be made for each established political party
in excess of 2. One list of voters, or other proper return with such
certificate written thereon, and accompanying tally sheet footed up so
as to show the correct number of votes cast for each person voted for,
shall be carefully enveloped and sealed up by the judges of election, 2
of whom (one from each of the 2 major political parties) shall
immediately deliver same to the county clerk, or his deputy, at the
office of the county clerk, or to an officially designated receiving
station established by the county clerk where a duly authorized
representative of the county clerk shall receive said envelopes for
immediate transmission to the office of county clerk, who shall safely
keep them. The other certificates of results and accompanying tally
sheet shall be carefully enveloped and sealed up and duly directed,
respectively, to the chair of the county central committee of each
then existing established political party, and by another of the judges
of election deposited immediately in the nearest United States letter
deposit. However, if any county chair notifies the county clerk not
later than 10 days before the election of his desire to receive the
envelope addressed to him at the point and at the time same are
delivered to the county clerk, his deputy or receiving station designee
the envelopes shall be delivered to such county chair or his designee
immediately upon receipt thereof by the county clerk, his deputy or his
receiving station designee. The person or persons so designated by a
county chair shall sign an official receipt acknowledging receipt of
said envelopes. The poll book and tally list filed with the county clerk
shall be kept one year, and certified copies thereof shall be evidence
in all courts, proceedings and election contests. Before the returns are
sealed up, as aforesaid, the judges shall compare the tally papers,
footings and certificates and see that they are correct and duplicates
of each other, and certify to the correctness of the same. At the consolidated election, the judges of election
shall make a tally sheet and certificate of results for each political
subdivision for which candidates or public questions are on the ballot
at such election, and shall sign, seal in a marked envelope and deliver
them to the county clerk with the other certificates of results herein
required. Such tally sheets and certificates of results may be
duplicates of the tally sheet and certificate of results otherwise
required by this Section, showing all votes for all candidates and
public questions voted for or upon in the precinct, or may be on
separate forms prepared by the election authority and showing only those
votes cast for candidates and public questions of each such political
subdivision. Within 2 days of delivery of complete returns of the consolidated election, the county clerk shall transmit an original,
sealed tally sheet and certificate of results from each precinct in his
jurisdiction in which candidates or public questions of a political
subdivision were on the ballot to the local election official of such
political subdivision. Each local election official, within 24 hours of
receipt of all of the tally sheets and certificates of results for all
precincts in which candidates or public questions of his political
subdivision were on the ballot, shall transmit such sealed tally sheets
and certificates of results to the canvassing board for that political
subdivision. In the case of referenda for the formation of a political
subdivision, the tally sheets and certificates of results shall be
transmitted by the county clerk to the circuit court that ordered the
proposition submitted or to the officials designated by the court to
conduct the canvass of votes. In the case of school referenda for which
a regional superintendent of schools is responsible for the canvass of
votes, the county clerk shall transmit the tally sheets and certificates
of results to the regional superintendent of schools. Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable. Only judges appointed under the provisions of subsection (a) of Section 13-4 or subsection (b) of Section 14-1 may make any delivery required by this Section from judges of election to a county clerk, or his or her deputy, at the office of the county clerk or to a county clerk's duly authorized representative at the county clerk's officially designated receiving station. (Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.) |
(10 ILCS 5/17-22.1) (from Ch. 46, par. 17-22.1)
Sec. 17-22.1.
Whenever a substitute judge is designated pursuant to Section 13-7 or Section 14-6 of this Act, the remaining judges shall sign a
certificate setting forth the pertinent facts and shall transmit such
certificate to the county clerk or board of election commissioners with the
tally sheets.
(Source: Laws 1959, p. 1083.)
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(10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
Sec. 17-23. Pollwatchers in a general election shall be authorized in
the following manner:
(1) Each established political party shall be entitled to appoint
two pollwatchers per precinct. Such pollwatchers must be affiliated
with the political party for which they are pollwatching. For all
elections, the pollwatchers must be
registered to vote in Illinois.
(2) Each candidate shall be entitled to appoint two pollwatchers per
precinct. For all elections, the pollwatchers must be
registered to vote
in Illinois.
(3) Each organization of citizens within the county or political
subdivision, which has among its purposes or interests the investigation
or prosecution of election frauds, and which shall have registered its
name and address and the name and addresses of its principal officers
with the proper election authority at least 40 days before the election,
shall be entitled to appoint one pollwatcher per precinct. For all
elections, the pollwatcher must be registered to vote in
Illinois.
(3.5) Each State nonpartisan civic organization within the county or political subdivision shall be entitled to appoint one pollwatcher per precinct, provided that no more than 2 pollwatchers appointed by State nonpartisan civic organizations shall be present in a precinct polling place at the same time. Each organization shall have registered the names and addresses of its principal officers with the proper election authority at least 40 days before the election. The pollwatchers must be registered to vote in Illinois. For the purpose of this paragraph, a "State nonpartisan civic organization" means any corporation, unincorporated association, or organization that: (i) as part of its written articles of incorporation, | ||
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(ii) is organized or primarily conducts its | ||
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(iii) continuously maintains an office or business | ||
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(4) In any general election held to elect candidates for the offices of
a municipality of less than 3,000,000 population that is situated in 2 or
more counties, a pollwatcher who is a resident of Illinois shall be eligible to serve as a
pollwatcher in any poll located within such
municipality, provided that such pollwatcher otherwise complies with the
respective requirements of subsections (1) through (3) of this Section and
is a registered voter in Illinois.
(5) Each organized group of proponents or opponents of a ballot
proposition, which shall have registered the name and address of its
organization or committee and the name and address of its chair with the
proper election authority at least 40 days before the election, shall be
entitled to appoint one pollwatcher per precinct. The pollwatcher
must be
registered to vote in Illinois.
All pollwatchers shall be required to have proper credentials. Such
credentials shall be printed in sufficient quantities, shall be issued
by and under the facsimile signature(s) of the election authority or the State Board of Elections and
shall be available for distribution by the election authority and State Board of Elections at least 2 weeks prior to the
election. Such credentials shall be authorized by the real or facsimile
signature of the State or local party official or the candidate or the
presiding officer of the civic organization or the chair of the
proponent or opponent group, as the case may be. Neither the election authority nor the State Board of Elections may require any such party official or the candidate or the presiding officer of the civic organization or the chair of the proponent or opponent group to submit the names or other information concerning pollwatchers before making credentials available to such persons or organizations.
Pollwatcher credentials shall be in substantially the following form:
POLLWATCHER CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election
Code, the undersigned hereby appoints .......... (name of pollwatcher)
who resides at ........... (address) in the county
of ..........., .......... (township or municipality)
of ........... (name), State of Illinois and who is duly registered
to vote from this address, to act as a pollwatcher in the
........... precinct of the ........... ward (if applicable)
of the ........... (township or municipality) of ........... at the
........... election to be held on (insert date).
........................ (Signature of Appointing Authority)
......................... TITLE (party official, candidate, civic organization president, proponent or opponent group chair)
Under penalties provided by law pursuant to Section 29-10 of the
Election Code, the undersigned pollwatcher certifies that he or she resides
at ................ (address) in the county of ............, .........
(township or municipality) of ........... (name), State of Illinois, and is
duly registered to vote in Illinois.
.................................................
(Precinct and/or Ward in(Signature of Pollwatcher)
Which Pollwatcher Resides)
Pollwatchers must present their credentials to the Judges of Election
upon entering the polling place. Pollwatcher credentials properly
executed and signed shall be proof of the qualifications of the
pollwatcher authorized thereby. Such credentials are retained by the
Judges and returned to the Election Authority at the end of the day of
election with the other election materials. Once a pollwatcher has
surrendered a valid credential, he may leave and reenter the polling place
provided that such continuing action does not disrupt the conduct of the
election. Pollwatchers may be substituted during the course of the day, but
established political parties, candidates and qualified civic organizations
can have only as many pollwatchers at any given time as are authorized in
this Article. A substitute must present his signed credential to the
judges of election upon entering the polling place. Election authorities
must provide a sufficient number of credentials to allow for substitution
of pollwatchers. After the polls have closed pollwatchers shall be allowed
to remain until the canvass of votes is completed; but may leave and
reenter only in cases of necessity, provided that such action is not so
continuous as to disrupt the canvass of votes.
Candidates seeking office in a district or municipality encompassing 2
or more counties shall be admitted to any and all polling places throughout
such district or municipality without regard to the counties in which such
candidates are registered to vote. Actions of such candidates shall be
governed in each polling place by the same privileges and limitations that
apply to pollwatchers as provided in this Section. Any such candidate who
engages in an activity in a polling place which could reasonably be
construed by a majority of the judges of election as campaign activity
shall be removed forthwith from such polling place.
Candidates seeking office in a district or municipality encompassing 2 or
more counties who desire to be admitted to polling places on election day
in such district or municipality shall be required to have proper
credentials. Such credentials shall be printed in sufficient quantities,
shall be issued by and under the facsimile signature of the State Board of Elections or the
election authority of the election jurisdiction where the polling place in
which the candidate seeks admittance is located, and shall be available for
distribution at least 2 weeks prior to the election. Such credentials shall
be signed by the candidate.
Candidate credentials shall be in substantially the following form:
CANDIDATE CREDENTIALS
TO THE JUDGES OF ELECTION:
In accordance with the provisions of the Election Code, I ...... (name of
candidate) hereby certify that I am a candidate for ....... (name of
office) and seek admittance to ....... precinct of the ....... ward (if
applicable) of the ....... (township or municipality) of ....... at the
....... election to be held on (insert date).
......................... .......................
(Signature of Candidate) OFFICE FOR WHICH CANDIDATE SEEKS NOMINATION OR ELECTION
Pollwatchers shall be permitted to observe all proceedings and view all reasonably requested records relating
to the conduct of the election, provided the secrecy of the ballot is not impinged, and to station themselves in a position
in the voting room as will enable them to observe the judges making the
signature comparison between the voter application and the voter
registration record card; provided, however, that such pollwatchers
shall not be permitted to station themselves in such close proximity to
the judges of election so as to interfere with the orderly conduct of
the election and shall not, in any event, be permitted to handle
election materials. Pollwatchers may challenge for cause the voting
qualifications of a person offering to vote and may call to the
attention of the judges of election any incorrect procedure or apparent
violations of this Code.
If a majority of the judges of election determine that the polling
place has become too overcrowded with pollwatchers so as to interfere
with the orderly conduct of the election, the judges shall, by lot,
limit such pollwatchers to a reasonable number, except that each
established or new political party shall be permitted to have at least
one pollwatcher present.
Representatives of an election authority, with regard to an election
under its jurisdiction, the State Board of Elections, and law
enforcement agencies, including but not limited to a United States
Attorney, a State's attorney, the Attorney General, and a State, county,
or local police department, in the performance of their official
election duties, shall be permitted at all times to enter and remain in
the polling place. Upon entering the polling place, such
representatives shall display their official credentials or other
identification to the judges of election.
Uniformed police officers assigned to polling place duty shall follow
all lawful instructions of the judges of election.
The provisions of this Section shall also apply to supervised casting of vote by mail
ballots as provided in Section 19-12.2 of this Act.
(Source: P.A. 100-1027, eff. 1-1-19.)
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(10 ILCS 5/17-24) (from Ch. 46, par. 17-24)
Sec. 17-24.
All elections in cities, villages and incorporated towns which
may have heretofore adopted or may hereafter adopt Article 6 of this Act
shall be held in accordance with the provisions of said Article and
Articles 14 and 18 and of those sections of this and other Articles
hereof that specifically apply to such cities, villages and incorporated
towns, except as to the manner of providing, printing and distributing
ballots, the form of ballots, the arrangement and the furnishing of polling
places and voting booths, and the manner of voting and the preserving of
ballots, all of which shall be in conformity with the provisions of the
foregoing Sections of this Article 17 and of Article 16 of this Act.
(Source: Laws 1943, vol. 2, p. 253.)
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(10 ILCS 5/17-25) (from Ch. 46, par. 17-25)
Sec. 17-25.
The days upon which the general elections for members of the
House of Representatives of this State shall hereafter be held shall be
holidays, and shall for all purposes whatever as regards the presenting for
payment or acceptance and of protesting and giving notice of the dishonor
of bills of exchange, bank checks and promissory notes and as regards days
of grace upon commercial paper, be treated and considered as is the first
day of the week, commonly called Sunday; provided, that no other election
day shall be treated and considered as a holiday.
(Source: Laws 1943, vol. 2, p. 253.)
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(10 ILCS 5/17-26) (from Ch. 46, par. 17-26)
Sec. 17-26.
During the hours of election or a primary in any election
precinct, or during the canvass of votes or of making returns thereof, no
person shall bring, take, order or send into, or shall attempt to bring,
take or send into any place of election or primary any distilled or
spirituous liquors whatever; or shall, at any such time and place drink or
partake of such liquor.
(Source: Laws 1963, p. 2532.)
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(10 ILCS 5/17-27) (from Ch. 46, par. 17-27)
Sec. 17-27.
The sale of liquor on national, State and local election days is
governed by Section 6-14 of "An Act relating
to alcoholic liquors", approved January 31, 1934, as now or hereafter
amended.
(Source: P.A. 82-783.)
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(10 ILCS 5/17-28) (from Ch. 46, par. 17-28)
Sec. 17-28.
No person shall, prior to an election or primary, knowingly
destroy or deface any list of candidates posted in accordance with the
provisions of The Election Code, nor, during any election or primary,
knowingly deface, tear down, remove or destroy any card of instructions or
specimen ballot printed and posted for the instruction of voters, nor
knowingly remove or destroy any of the supplies or conveniences furnished
to enable voters to prepare their ballots.
(Source: Laws 1963, p. 2532.)
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(10 ILCS 5/17-29) (from Ch. 46, par. 17-29)
Sec. 17-29. (a) No judge of election, pollwatcher, or other person shall,
at any primary or election, do any electioneering or soliciting of votes
or engage in any political discussion within any polling place, within
100 feet of any polling place, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place; no person shall interrupt, hinder or
oppose any voter while approaching within those areas
for the purpose of voting. Judges of election shall enforce the
provisions of this Section.
(b) Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building
that is a private business, a public or private school, or a church or other organization founded
for the purpose of religious worship and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private building with 2 or more floors and the polling room is located on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection. Notwithstanding any other provision of this Section, a church or private school may choose to apply the campaign free zone to its entire property, and, if so, the markers shall be placed near the boundaries on the grounds adjacent to the thoroughfares or walkways leading to the entrances used by the voters.
If an election authority maintains a website, no later than 5 days before election day, each election authority shall post on its website the name and address of every polling place designated as a campaign free zone. This information shall be immediately provided to any person upon request, and a requester shall not be required to submit a request under the Freedom of Information Act.
The area on polling place property beyond the campaign free zone, whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are
open on an election day. At or near the door of each polling place, the election judges shall place signage indicating the proper entrance to the polling place. In addition, the election judges shall ensure that a sign identifying the location of the polling place is placed on a nearby public roadway. The State Board of Elections shall establish guidelines for the placement of polling place signage.
(c) The regulation of electioneering on polling place property on an
election
day, including but not limited to the placement of temporary signs, is an
exclusive power and function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to subsection (c) is
declared void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 98-1171, eff. 6-1-15.)
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(10 ILCS 5/17-30) (from Ch. 46, par. 17-30)
Sec. 17-30.
Except as provided herein, each county shall provide for
and pay the costs and expenses of all elections within the county other
than within the jurisdiction of a municipal Board of Election
Commissioners, as well as the costs expended within the jurisdiction of
a municipal Board of Election Commissioners for the registration and canvassing
of voters in even-numbered years. Each municipality with the first
Board of Election Commissioners established within a county shall provide
for and pay the costs and expenses of all elections within the jurisdiction
of the Board of Election Commissioners. The State shall reimburse each
county and municipality in the amount of the increase in compensation
provided in Public Acts 81-850 and 81-1149 and by this amendatory Act of
1998.
For each emergency referendum and each special election not conducted at
the time of a regular election, each county
and municipality responsible for paying for the costs and expenses shall
directly pay for or be reimbursed by every other political subdivision
for which officers or public questions are on the ballot within the
jurisdiction of the election authority of such county or municipality except
such costs and expenses as are required to be reimbursed by the State.
For each primary election for the nomination of municipal officers held
in a municipality with a population of 5000 or less in accordance with
Article 7, the county in which such municipality is located shall be
reimbursed by the municipality for all costs and expenses attributable to
such primary election, except for those costs and expenses required to be
reimbursed by the State. Each such political subdivision shall provide for
and shall promptly pay such reimbursement of the total costs and expenses
of that election attributable to its offices or propositions as the case
may be, not including such costs and expenses as are required to be
reimbursed by the State.
(Source: P.A. 90-672, eff. 7-31-98.)
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(10 ILCS 5/17-32) (from Ch. 46, par. 17-32)
Sec. 17-32.
(1) The following shall be added together to determine the
total costs and expenses of an emergency referendum or special election
not conducted at the time of a regular election
reimbursed to the county or municipality under the jurisdiction of a board
of election commissioners by the political subdivisions:
(a) The cost of printing and distributing ballots and other printed
material used in or for the election;
(b) The amounts paid to judges of election for election day duties;
(c) Extra office expenses of the election authority, including (i)
postage and (ii) compensation to temporary employees which are directly
attributable to election day and the canvass of the votes of political
subdivision candidates and propositions, whenever applicable;
(d) The cost of election day supplies used in the election;
(e) The cost of delivery and return of election day materials and
supplies, including voting machines and voting devices used in
connection with an electronic voting system; and
(f) The cost of renting polling places, computers and any other
property, the use of which is directly attributable to election day
activities.
(2) Any county of more than 1,000,000 inhabitants in which there is a
municipal board of election commissioners shall reimburse that
board for, or shall pay directly, the cost items hereinafter specified incurred
by that board in relation to the territory within its jurisdiction
for each general primary and general election and for any other election
where such cost items are incurred or increased as a result of the certification
of candidates or public questions by the county clerk to such board:
(a) The cost of printing and distributing ballots;
(b) The amounts paid to judges of election for election day duties;
(c) Costs attributable to the canvass of votes;
(d) The cost of delivery and return of election day materials and supplies,
including voting devices and equipment used in conjunction with an electronic
voting system; and
(e) The cost of renting polling places, computers, and other property,
the use of which is directly attributable to election day activities.
However, the State shall pay the amount of the increase in
compensation for judges of election, registrars and canvassers provided
in Public Acts 81-850 and 81-1149.
(Source: P.A. 83-999.)
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(10 ILCS 5/17-33) (from Ch. 46, par. 17-33)
Sec. 17-33.
Each election authority shall render a bill to the State
Board of Elections for the increase in compensation provided in Public Acts
81-850 and 81-1149, to the political subdivisions for the total costs
and expenses of said emergency referenda and special elections, and to
each municipality with a population of 5000 or less which has determined
that established political parties, within the meaning of Section 10-2, shall
nominate candidates for municipal office in such municipality by primary in
accordance with Article 7. The election authority shall also transmit a
copy of such bills to the county treasurer or the municipal treasurer as the case may be.
Any dispute regarding the amount of election expenses billed to a
political subdivision under this Section shall be arbitrated by the
State Board of Elections. The decision of the State Board of Elections
in such an arbitration shall be enforceable against both the political
subdivision and the county, and such decision shall be a final
administrative decision for purposes of review under the
Administrative Review Law.
(Source: P.A. 83-1337.)
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(10 ILCS 5/17-43)
Sec. 17-43. Voting.
(a) If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 17, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(b) Notwithstanding subsection (a), when voting equipment governed by any Article of this Code is used, the requirements of Section 7-11 that (i) the voter must be notified of the voting equipment's acceptance or rejection of the ballot or identification of an under-vote for a statewide constitutional office and (ii) the voter shall have the opportunity to correct an under-vote for a statewide constitutional office or surrender the ballot that was not accepted and vote another ballot shall not be modified.
(Source: P.A. 95-699, eff. 11-9-07.)
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