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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/28-7
(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
Sec. 28-7.
Except as provided in Article 24 of the Township Code, in any case in which Article VII or paragraph (a) of Section 5 of
the
Transition Schedule of the Constitution authorizes any action to be
taken by or with respect to any unit of local government, as defined in
Section 1 of Article VII of the Constitution, by or subject to approval
by referendum, any such public question shall be initiated in
accordance with this Section.
Any such public question may be initiated by the governing body of the
unit of local government by resolution or by the filing with the clerk or
secretary of the
governmental unit of a petition signed by a number of qualified electors
equal to or greater than at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election, requesting the submission of the proposal
for such action to the voters
of the governmental unit at a regular election.
If the action to be taken requires a referendum involving 2 or more
units of local government, the proposal shall be submitted to the voters
of such governmental units by the election authorities with jurisdiction
over the territory of the governmental units. Such multi-unit proposals
may be initiated by appropriate
resolutions by the respective governing bodies or by
petitions of the voters of the several governmental units filed with the
respective clerks or secretaries.
This Section is intended to provide a method of submission to
referendum in all cases of proposals for actions which are authorized by
Article VII of the Constitution by or subject to approval by referendum
and supersedes any conflicting statutory provisions except those
contained in Division 2-5 of the Counties Code or Article 24 of the Township Code.
Referenda provided for in this Section may not be held more than once
in any 23-month period on the same proposition, provided that in any
municipality a referendum to elect not to be a home rule unit may be held
only once within
any 47-month period.
(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)
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10 ILCS 5/28-8 (10 ILCS 5/28-8) (from Ch. 46, par. 28-8) Sec. 28-8. If a referendum held in accordance with Section 28-7 of this Act involved the question of whether a unit of local government shall become a home rule unit or shall continue to be a home rule unit and if that referendum passed, then the clerk of that unit of local government shall, within 45 days after the referendum, file with the Secretary of State a certified statement showing the results of the referendum and the resulting status of the unit of local government as a home rule unit or a non-home rule unit. The Secretary of State shall maintain such certified statements in his office as a public record. The question of whether a unit of local government shall become a home rule unit shall be submitted in substantially the following form: Shall (name of the unit of local government) become a home rule unit? Votes must be recorded as "yes" or "no". The question of whether a unit of local government shall continue to be a home rule unit shall be submitted in substantially the following form: Shall (name of the unit of local government) continue to be a home rule unit? Votes must be recorded as "yes" or "no". (Source: P.A. 103-600, eff. 7-1-24.) |
10 ILCS 5/28-8.1
(10 ILCS 5/28-8.1) (from Ch. 46, par. 28-8.1; formerly Ch. 46, pars. 1001, 1002 and 1003)
Sec. 28-8.1.
Proposition publication.
(a) Whenever any proposition required by law to be voted upon
before its adoption, other than a constitutional amendment, is submitted
to the people, it is the duty of the Secretary of State to prepare a
statement setting forth in detail the Section or Sections of the law
sought to be amended by the vote, together with statements and suggestions as
may be necessary for a proper understanding of the proposition. The statements
and suggestions shall be submitted to the Attorney General for his approval.
(b) It shall be the duty of the Secretary of State, after the amendments and
suggestions shall have been approved by the Attorney General as provided in
subsection (a), to certify to each county clerk, under seal, the statements and
suggestions.
(c) It is hereby made the duty of the county clerk to have the
statements and suggestions published and posted at the same time, in the same
manner and at the same places that the sample ballots and instructions to
voters are required by law to be posted.
(Source: P.A. 87-1052.)
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10 ILCS 5/28-9
(10 ILCS 5/28-9) (from Ch. 46, par. 28-9)
Sec. 28-9.
Petitions for proposed amendments to Article IV of the
Constitution pursuant to Section 3, Article XIV of the Constitution shall be
signed by a number of electors equal in number to at least 8% of the total
votes cast for candidates for Governor in the preceding gubernatorial election.
Such petition shall have been signed by the petitioning electors not more than
24 months preceding the general election at which the proposed amendment is to
be submitted and shall be filed with the Secretary of State at least 6 months
before that general election.
Upon receipt of a petition for a proposed Constitutional amendment, the
Secretary of State shall, as soon as is practicable, but no later than the
close of the next business day, deliver such petition to the State Board of
Elections.
Petitions for advisory questions of public policy to be submitted to the
voters of the entire State shall be signed by a number of voters
equal in number to 8% of the total votes cast for candidates for Governor in
the preceding gubernatorial election. Such petition shall have been signed by
said petitioners not more than 24 months preceding the date of the general
election at which the question is to be submitted and shall be filed with the
State Board of Elections at least 6 months before that general election.
The proponents of the proposed statewide advisory
public question shall file the original petition in bound
sections. Each section shall be composed of consecutively numbered petition
sheets containing only the signatures of registered voters.
Any petition sheets not consecutively numbered or which contain duplicate
page numbers already used on other sheets, or are photocopies or duplicates
of the original sheets, shall not be considered part of the petition for
the purpose of the random sampling verification and shall not be counted
toward the minimum number of signatures required to qualify the proposed
statewide advisory public question for the ballot.
Within 7 business days following the last day for filing the original
petition, the proponents shall also file copies of the petition sheets with each proper election authority
and obtain a receipt therefor.
For purposes of this Act, the following terms shall be defined and construed
as follows:
1. "Board" means the State Board of Elections.
2. "Election Authority" means a county clerk or city or county board of
election commissioners.
3. (Blank).
4. "Proponents" means any person, association, committee, organization
or other group, or their designated representatives, who advocate and cause
the circulation and filing of petitions for a statewide advisory question
of public policy or a proposed constitutional amendment for submission at
a general election and who has registered with the Board as provided in
this Act.
5. "Opponents" means any person, association, committee, organization
or other group, or their designated representatives, who oppose a statewide
advisory question of public policy or a proposed constitutional amendment
for submission at a general election and who have registered with the Board
as provided in this Act.
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15 .)
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10 ILCS 5/28-10
(10 ILCS 5/28-10) (from Ch. 46, par. 28-10)
Sec. 28-10. (Repealed).
(Source: P.A. 97-81, eff. 7-5-11. Repealed by P.A. 98-1171, eff. 6-1-15.)
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10 ILCS 5/28-11
(10 ILCS 5/28-11) (from Ch. 46, par. 28-11)
Sec. 28-11.
The Board shall design a standard and scientific random
sampling method for the verification of petition signatures for statewide advisory referenda and shall conduct
a public test to prove the validity of its sampling method. Notice of the
time and place for such test shall be given at least 10 days before the date
on which such test is to be conducted and in the manner prescribed for notice
of regular Board meetings. Signatures on petitions for constitutional amendments initiated pursuant to Article XIV, Section 3 of the Illinois Constitution need not be segregated by election jurisdiction. The Board shall design an alternative signature verification method for referenda initiated pursuant to Article XIV, Section 3 of the Illinois Constitution.
Within 14 business days following the last day for the filing
of the original petition
as prescribed in Section 28-9, the Board shall apply its proven random sampling
method to the petition sheets in each election jurisdiction section for
the purpose of selecting and identifying the petition signatures to be included
in the sample signature verification for the respective jurisdictions and
shall prepare and transmit to each proper election authority a list by page
and line number of the signatures from its election jurisdiction selected
for verification.
For each election jurisdiction, the sample verification shall include an
examination of either (a) 10% of the signatures if 5,010 or more signatures
are involved; or (b) 500 signatures if more than 500 but less than 5,010
signatures are involved; or (c) all signatures if 500 or less signatures are involved.
Each election authority with whom jurisdictional copies of petition sheets
were filed shall use the proven random sampling method designed and furnished
by the Board for the verification of signatures shown on the list supplied
by the Board and in accordance with the following criteria for determination
of petition signature validity:
1. Determine if the person who signed the petition is | | a registered voter in that election jurisdiction or was a registered voter therein on the date the petition was signed;
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2. Determine if the signature of the person who
| | signed the petition reasonably compares with the signature shown on that person's registration record card.
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Within 14 business days following receipt from the Board of the
list of signatures
for verification, each election authority shall transmit a properly dated
certificate to the Board which shall indicate; (a) the page and line number
of petition signatures examined, (b) the validity or invalidity of such signatures,
and (c) the reasons for invalidity, based on the criteria heretofore prescribed.
The Board shall prepare and adopt a standard form of certificate for use
by the election authorities which shall be transmitted with the list of
signatures for verification.
Upon written request of the election authority that, due to the volume
of signatures in the sample for its jurisdiction, additional time is needed
to properly perform the signature verification, the Board may grant the
election authority additional days to complete the verification and transmit
the certificate of results. These certificates of random sample verification
results shall be available for public inspection within 24 hours after receipt
by the State Board of Elections.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/28-12
(10 ILCS 5/28-12) (from Ch. 46, par. 28-12)
Sec. 28-12.
Upon receipt of the certificates of the election authorities
showing the results of the sample signature verification, the Board shall:
1. Based on the sample, calculate the ratio of | | invalid or valid signatures in each election jurisdiction.
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2. Apply the ratio of invalid to valid signatures in
| | an election jurisdiction sample to the total number of petition signatures submitted from that election jurisdiction.
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3. Compute the degree of multiple signature
| | contamination in each election jurisdiction sample.
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4. Adjust for multiple signature contamination and
| | the invalid signatures, project the total number of valid petition signatures submitted from each election jurisdiction.
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5. Aggregate the total number of projected valid
| | signatures from each election jurisdiction and project the total number of valid signatures on the petition statewide.
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If such statewide projection establishes a total number of valid petition
signatures not greater than 95.0% of the minimum number of signatures required
to qualify the proposed statewide advisory
public question for the ballot, the petition shall be presumed invalid;
provided that, prior to the last day for ballot certification for the general
election, the Board shall conduct a hearing for the purpose of allowing
the proponents to present competent evidence or an additional sample to
rebut the presumption of
invalidity. At the conclusion of such hearing, and after the resolution of any specific objection filed pursuant to Section 10-8 of this Code, the Board shall issue a
final order declaring the petition to be valid or invalid and shall, in
accordance with its order, certify or not certify the proposition for the ballot.
If such statewide projection establishes a total number of valid petition
signatures greater than 95.0% of the minimum number of signatures required
to qualify the proposed Constitutional amendment or statewide advisory
public question for the ballot, the results of the sample shall be considered
inconclusive and, if no specific objections to the petition are filed pursuant
to Section 10-8 of this Code, the Board shall issue a final order declaring
the petition to be valid and shall certify the proposition for the ballot.
In either event, the Board shall append to its final order the detailed
results of the sample from each election jurisdiction which shall include:
(a) specific page and line numbers of signatures actually verified or determined
to be invalid by the respective election authorities, and (b) the calculations
and projections performed by the Board for each election jurisdiction.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/28-13
(10 ILCS 5/28-13) (from Ch. 46, par. 28-13)
Sec. 28-13.
Each political party and civic organization as well as the
registered proponents and opponents of a proposed
statewide advisory public question shall be entitled to one watcher in
the office of the election authority to observe the conduct of the sample
signature verification. However, in those election jurisdictions where
a 10% sample is required, the proponents and opponents may appoint no more than
5 assistant watchers in addition to the 1 principal watcher permitted herein.
Within 7 days following the last day for filing of the original petition,
the proponents and opponents shall certify in writing to the Board that they
publicly support or oppose the proposed statewide
advisory public question. The proponents and opponents of such questions shall
register the name and address of its group and the name and address of its chair
and designated agent for acceptance of service of notices with
the Board. Thereupon, the Board shall prepare a list of the registered
proponents and opponents and shall adopt a standard proponents' and opponents' watcher
credential form. A copy of such list and sufficient copies of such credentials
shall be transmitted with the list for the sample signature verification
to the appropriate election authorities. Those election authorities shall
issue credentials to the permissible number of watchers for each proponent and opponent
group; provided, however, that a prospective watcher shall first present
to the election authority a letter of authorization signed by the chair
of the proponent or opponent group he or she represents.
Political party and qualified civic organization watcher credentials shall
be substantially in the form and shall be authorized in the manner prescribed
in Section 7-34 of this Code.
The rights and limitations of pollwatchers as prescribed by Section 7-34
of this Code, insofar as they may be made applicable, shall be applicable
to watchers at the conduct of the sample signature verification.
The principal watcher for the proponents and opponents may make signed written
objections to the Board relating to procedures observed during the conduct
of the sample signature verification which could materially affect the results
of the sample. Such written objections shall be presented to the election
authority and a copy mailed to the Board and shall be attached to the certificate
of sample results transmitted by the election authority to the Board.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/Art. 29
(10 ILCS 5/Art. 29 heading)
ARTICLE 29.
PROHIBITIONS AND PENALTIES.
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10 ILCS 5/29-1
(10 ILCS 5/29-1) (from Ch. 46, par. 29-1)
Sec. 29-1.
Vote
buying.
Any person who knowingly gives, lends or promises to give or lend any
money or other valuable consideration to any other person to influence such
other person to vote or to register to vote or to influence such other
person to vote for or against any candidate or public question to be voted
upon at any election shall be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-2
(10 ILCS 5/29-2) (from Ch. 46, par. 29-2)
Sec. 29-2.
Promise for vote.
Any person who, in order to influence any other person to vote or
register to vote or to vote for or against any candidate or public question
to be voted upon at any election, knowingly promises to (a) cause or
support the employment or appointment of any other person to any public
office or public position or (b) perform or refrain from performing any
official act, shall be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-3
(10 ILCS 5/29-3) (from Ch. 46, par. 29-3)
Sec. 29-3.
Selling of vote.
Any person who votes for or against any candidate or public question in
consideration of any gift or loan of money or for any other valuable
consideration, or for any promise to cause or support the employment or
appointment of any person to any public office or public position, shall be
guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-4
(10 ILCS 5/29-4) (from Ch. 46, par. 29-4)
Sec. 29-4.
Prevention of voting or candidate support.
Any person who, by force, intimidation, threat, deception or forgery,
knowingly prevents any other person from (a) registering to vote, or (b)
lawfully voting, supporting or opposing the nomination or election of any
person for public office or any public question voted upon at any election,
shall be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-5
(10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
Sec. 29-5. Voting more than once. Any person who, having voted once, knowingly during any election
where the ballot or machine lists any of the same candidates and issues
listed on the ballot or machine previously used for voting by that person,
(a) files an application to vote in the same or another polling place, or
(b) accepts a ballot or enters a voting machine (except to legally give
assistance pursuant to the provisions of this Code), shall be guilty of a
Class 3 felony; however, if a person has delivered a ballot or ballots to
an election authority as a vote by mail voter and due to a change of
circumstances is able to and does vote in the precinct of his residence on
election day, shall not be deemed to be in violation of this Code.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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10 ILCS 5/29-6
(10 ILCS 5/29-6) (from Ch. 46, par. 29-6)
Sec. 29-6.
Mutilation of election materials.
Any person who knowingly destroys, mutilates, defaces, falsifies,
forges, conceals or removes any record, register of voters, affidavit,
return or statement of votes, certificate, tally sheet, ballot, or any
other document or computer program which (a) is used or to be preserved for
use in connection with registration, or (b) is used or to be preserved for
use in connection with any election pursuant to this Code, except as
permitted by provisions of this Code, shall be guilty of a Class 4 felony
and shall also be ineligible for public employment for a period of 5 years
immediately following the completion of his or her sentence.
(Source: P.A. 83-757.)
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10 ILCS 5/29-7
(10 ILCS 5/29-7) (from Ch. 46, par. 29-7)
Sec. 29-7.
Tampering with voting machines.
Any person who tampers with any machine or device used in connection
with voting or the counting of votes, or who knowingly allows another to
tamper with such a machine or device, so as (a) to interfere with the
proper operation of such machine or device, (b) to alter the results
recorded on such machine or device or intended to be recorded thereon, or
(c) to place votes on a machine which are not legally cast, shall be guilty
of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-8
(10 ILCS 5/29-8) (from Ch. 46, par. 29-8)
Sec. 29-8.
Ballot box stuffing.
Any person who, prior to, during, or after the counting of ballots or
prior to, during, or after the final certification of the vote of any
election, knowingly (a) places anything other than a ballot in a ballot
box, (b) adds or mixes a forged ballot with other ballots, or (c) adds or
mixes a forged application to vote with other applications to vote, shall
be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-9
(10 ILCS 5/29-9) (from Ch. 46, par. 29-9)
Sec. 29-9.
Unlawful observation of voting.
Except as permitted by this Code, any person who knowingly marks his
ballot or casts his vote on a voting machine or voting device so that it
can be observed by another person, and any person who knowingly observes
another person lawfully marking a ballot or lawfully casting his vote on a
voting machine or voting device, shall be guilty of a Class 4 felony.
(Source: P.A. 78-887.)
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10 ILCS 5/29-10
(10 ILCS 5/29-10) (from Ch. 46, par. 29-10)
Sec. 29-10.
Perjury.
(a)
Any person who makes a false statement, material to the issue or point
in question, which he does not believe to be true, in any affidavit,
certificate or sworn oral declaration required by any provision of this
Code shall be guilty of a Class 3 felony.
(b) Any person who is convicted of violating this Section shall be ineligible
for public employment for a period of 5 years immediately following the
completion of his sentence. For the purpose of this subsection, "public
employment" shall mean any elected or appointed office created by the Constitution
or laws of this State, or any ordinance of a unit of local government.
"Public employment" shall also include any position as an employee of the
State of Illinois, or a unit of local government or school district.
(Source: P.A. 83-1097.)
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10 ILCS 5/29-11
(10 ILCS 5/29-11) (from Ch. 46, par. 29-11)
Sec. 29-11.
Failure to comply with order of election authority.
Any person who knowingly fails or refuses to comply with any lawful
order of an election authority issued by the election authority in the
performance of the duties of the election authority, shall be guilty of a
Class A misdemeanor.
(Source: P.A. 78-887.)
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10 ILCS 5/29-12
(10 ILCS 5/29-12) (from Ch. 46, par. 29-12)
Sec. 29-12. Disregard of Election Code. Except with respect to Article 9 of this Code, any person
who knowingly (a) does any act prohibited by or declared unlawful by, or
(b) fails to do any act required by, this Code, shall, unless a different
punishment is prescribed by this Code, be guilty of a Class A misdemeanor.
(Source: P.A. 96-832, eff. 1-1-11 .)
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