(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) (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) (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 | ||
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2. Determine if the signature of the person who | ||
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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) (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 | ||
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2. Apply the ratio of invalid to valid signatures in | ||
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3. Compute the degree of multiple signature | ||
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4. Adjust for multiple signature contamination and | ||
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5. Aggregate the total number of projected valid | ||
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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) (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 heading) ARTICLE 29.
PROHIBITIONS AND PENALTIES.
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(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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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) (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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(10 ILCS 5/29-13) (from Ch. 46, par. 29-13)
Sec. 29-13. Attempt, solicitation and conspiracy. Each violation of this Code shall be an offense within the meaning of
Section 2-12 of the Illinois Criminal Code of 2012, so that the
inchoate offenses of solicitation, conspiracy and attempt, and the
punishment therefor, as provided in such Criminal Code shall apply to
solicitation, conspiracy and attempt to violate the provisions of this Code.
(Source: P.A. 97-1150, eff. 1-25-13.)
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(10 ILCS 5/29-14) (from Ch. 46, par. 29-14)
Sec. 29-14.
(Repealed).
(Source: P.A. 81-1433. Repealed by 90-737, eff. 1-1-99.)
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(10 ILCS 5/29-15) (from Ch. 46, par. 29-15)
Sec. 29-15. Conviction deemed infamous. Any person convicted of an infamous crime as such term is defined in
Section 124-1 of the Code of Criminal Procedure of 1963, as amended, shall
thereafter be prohibited from holding any office of honor, trust, or
profit, unless such person is again restored to such rights by the terms of
a pardon for the offense, has received a restoration of rights by the Governor, or otherwise according to law. Any time after a judgment of conviction is rendered, a person convicted of an infamous crime may petition the Governor for a restoration of rights. The changes made to this Section by this amendatory Act of the 102nd General Assembly are declarative of existing law.
(Source: P.A. 102-15, eff. 6-17-21.)
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