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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 5/1A-7
(10 ILCS 5/1A-7) (from Ch. 46, par. 1A-7)
Sec. 1A-7.
The State Board of Elections shall meet at such time or times as the chair
or any 4 members shall direct, but at least once per month.
Five members of the Board are necessary to constitute a quorum and 5 votes
are necessary for any action of the Board
to become effective, including the appointment of the executive director, the
employment of technical consultants and the employment of other persons.
If a quorum is present at a meeting of the Board, one of the members
present may vote for the absent member pursuant to a written proxy
signed by the absent member. A member voting by proxy who is not in
attendance may not be counted towards the presence of a quorum.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/1A-8 (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8) Sec. 1A-8. The State Board of Elections shall exercise the following powers and perform the following duties in addition to any powers or duties otherwise provided for by law: (1) Assume all duties and responsibilities of the | | State Electoral Board and the Secretary of State as heretofore provided in this Code;
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| (2) Disseminate information to and consult with
| | election authorities concerning the conduct of elections and registration in accordance with the laws of this State and the laws of the United States;
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| (3) Furnish to each election authority prior to each
| | primary and general election and any other election it deems necessary, a manual of uniform instructions consistent with the provisions of this Code which shall be used by election authorities in the preparation of the official manual of instruction to be used by the judges of election in any such election. In preparing such manual, the State Board shall consult with representatives of the election authorities throughout the State. The State Board may provide separate portions of the uniform instructions applicable to different election jurisdictions which administer elections under different options provided by law. The State Board may by regulation require particular portions of the uniform instructions to be included in any official manual of instructions published by election authorities. Any manual of instructions published by any election authority shall be identical with the manual of uniform instructions issued by the Board, but may be adapted by the election authority to accommodate special or unusual local election problems, provided that all manuals published by election authorities must be consistent with the provisions of this Code in all respects and must receive the approval of the State Board of Elections prior to publication; provided further that if the State Board does not approve or disapprove of a proposed manual within 60 days of its submission, the manual shall be deemed approved;
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| (4) Prescribe and require the use of such uniform
| | forms, notices, and other supplies not inconsistent with the provisions of this Code as it shall deem advisable which shall be used by election authorities in the conduct of elections and registrations;
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| (5) Prepare and certify the form of ballot for any
| | proposed amendment to the Constitution of the State of Illinois, or any referendum to be submitted to the electors throughout the State or, when required to do so by law, to the voters of any area or unit of local government of the State;
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| (6) Require such statistical reports regarding the
| | conduct of elections and registration from election authorities as may be deemed necessary;
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| (7) Review and inspect procedures and records
| | relating to conduct of elections and registration as may be deemed necessary, and to report violations of election laws to the appropriate State's Attorney or the Attorney General;
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| (8) Recommend to the General Assembly legislation to
| | improve the administration of elections and registration;
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| (9) Adopt, amend or rescind rules and regulations in
| | the performance of its duties provided that all such rules and regulations must be consistent with the provisions of this Article 1A or issued pursuant to authority otherwise provided by law;
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| (10) Determine the validity and sufficiency of
| | petitions filed under Article XIV, Section 3, of the Constitution of the State of Illinois of 1970;
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| (11) Maintain in its principal office a research
| | library that includes, but is not limited to, abstracts of votes by precinct for general primary elections and general elections, current precinct maps, and current precinct poll lists from all election jurisdictions within the State. The research library shall be open to the public during regular business hours. Such abstracts, maps, and lists shall be preserved as permanent records and shall be available for examination and copying at a reasonable cost;
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| (12) Supervise the administration of the registration
| | and election laws throughout the State;
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| (13) Obtain from the Department of Central Management
| | Services, under Section 405-250 of the Department of Central Management Services Law, such use of electronic data processing equipment as may be required to perform the duties of the State Board of Elections and to provide election-related information to candidates, public and party officials, interested civic organizations, and the general public in a timely and efficient manner;
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| (14) To take such action as may be necessary or
| | required to give effect to directions of the national committee or State central committee of an established political party under Sections 7-8, 7-11, and 7-14.1 or such other provisions as may be applicable pertaining to the selection of delegates and alternate delegates to an established political party's national nominating conventions or, notwithstanding any candidate certification schedule contained within this Code, the certification of the Presidential and Vice Presidential candidate selected by the established political party's national nominating convention;
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| (15) To post all early voting sites separated by
| | election authority and hours of operation on its website at least 5 business days before the period for early voting begins;
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| (16) To post on its website the statewide totals, and
| | totals separated by each election authority, for each of the counts received pursuant to Section 1-9.2; and
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| (17) To post on its website, in a downloadable
| | format, the information received from each election authority under Section 1-17.
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| The Board may by regulation delegate any of its duties or functions under this Article, except that final determinations and orders under this Article shall be issued only by the Board.
The requirement for reporting to the General Assembly shall be satisfied by filing copies of the report as required by Section 3.1 of the General Assembly Organization Act, and filing such additional copies with the State Government Report Distribution Center for the General Assembly as is required under paragraph (t) of Section 7 of the State Library Act.
(Source: P.A. 103-605, eff. 7-1-24.)
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10 ILCS 5/1A-9
(10 ILCS 5/1A-9) (from Ch. 46, par. 1A-9)
Sec. 1A-9. The State Board of Elections shall appoint an executive
director and an assistant executive director. The annual compensation of the executive director and
assistant executive director shall be determined by the Board.
The executive director and assistant executive director may be removed
from office at any time by a vote of
at least 5 members of the Board. Upon any such removal a vacancy is
created which shall be filled as provided for the initial appointments.
The Board, upon the affirmative vote of a majority of its members, may
from time to time contract with technical consultants to assist it in the
performance of its duties. Such technical consultants shall be compensated
only under contracts which specify the duties to be performed and the compensation
therefor. Except as otherwise provided in this Section, contracts with
technical consultants, other than hearing officers
and attorneys representing the Board in litigation, shall terminate no more
than 60 days after the commencement of the specified duties and may be extended
once for a period of no more than 30 days upon the affirmative vote of a
majority of the Board. The time limitations imposed by this Section on
contracts with technical consultants shall not apply to a contract with a
technical consultant for the provision of electronic data processing
services in connection with the Board's performance of the duties assigned
to it pursuant to paragraph (11) of Section 1A-8 or in connection with the
Board's performance of the duties assigned to it pursuant to Sections 4-8,
5-7 and 6-35 concerning the furnishing of electronic data or compilations
containing voter registration information to state political committees
registered pursuant to the Illinois Campaign Finance Act or the Federal
Election Campaign Act. No technical consultant, other than a hearing officer
or an attorney engaged to represent the Board in litigation, may be compensated
under more than one contract in any fiscal year.
(Source: P.A. 93-1091, eff. 3-29-05.)
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10 ILCS 5/1A-10
(10 ILCS 5/1A-10) (from Ch. 46, par. 1A-10)
Sec. 1A-10.
The State Board of Elections shall keep a full and true public record of all of
its proceedings and of all monies
received and expended. The Board shall file and preserve in its principal
office all orders and
records pertaining to its duties. The executive director shall exercise
general supervision over the operation of the business of the Board and
its equipment, facilities, employees and consultants, in accordance with
the rules and regulations of the Board and as otherwise directed by the
Board. The assistant executive director shall administer the operations
and staff of the permanent branch office of the Board.
(Source: P.A. 83-941.)
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10 ILCS 5/1A-11
(10 ILCS 5/1A-11) (from Ch. 46, par. 1A-11)
Sec. 1A-11.
The principal office of the State Board of Elections shall be maintained
in Springfield and a permanent branch office shall be maintained in
Chicago. The permanent offices of the Board shall be kept open during the
ordinary business hours of State offices. However, on the day of any
election, or at any other time, the offices of the Board may be kept open
such additional time as the Board shall deem necessary to carry out its
duties.
(Source: P.A. 78-918.)
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10 ILCS 5/1A-12
(10 ILCS 5/1A-12) (from Ch. 46, par. 1A-12)
Sec. 1A-12. The State
Board of Elections may employ, promote or discharge such additional
persons as are necessary for the proper performance of its duties under
this Code, including investigators, examiners and hearing officers.
However, persons employed by the State Board of Elections prior to January 1,
1978 and previously certified under a merit plan adopted by the Board
shall not be subject to any probationary period nor required to qualify
by examination under "The Personnel Code"
to continue in their positions. No
employee or consultant may appear before the Board in any representative
capacity within 6 months after termination of his employment or
contractual relationship with the Board.
(Source: P.A. 93-1091, eff. 3-29-05.)
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10 ILCS 5/1A-13
(10 ILCS 5/1A-13) (from Ch. 46, par. 1A-13)
Sec. 1A-13.
No employee of the State Board of Elections including its
executive director and assistant executive director shall engage in
any partisan political activity whatsoever, except to vote at elections,
nor shall such person contribute, either financially or in services or
goods or any other way, to any political party, candidate or organization
engaged in political activity. No employee of the Board shall become a
candidate for nomination for, or election to, or accept appointment to any
public office. Whoever violates any provision of this Section shall
be deemed to have vacated his position and shall be discharged. No such
person shall be thereafter rehired unless the State Civil Service Commission,
upon appeal, finds that this Section has not been violated by such person.
(Source: P.A. 83-941.)
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10 ILCS 5/1A-14
(10 ILCS 5/1A-14) (from Ch. 46, par. 1A-14)
Sec. 1A-14. Political activity by members of the State Board of Elections. (a) No member of the State Board of Elections may become a candidate
for nomination for, or election to,
or accept appointment to or hold any other remunerative public office or public
employment or any office in a political party. No member of the State Board of Elections shall: (i) contribute, either financially or in services or goods or any other way, to any political committee; (ii) serve as an officer of any political committee; or (iii) be a candidate who is designated as the candidate to be supported by a candidate political committee. (b) A member of the State Board of Elections who is either an officer of a political committee or a candidate who is designated as the candidate to be supported by a candidate political committee shall within 30 days after confirmation by the Senate: (i) resign as an officer of the political committee; (ii) have his or her name removed as the candidate to be supported by a political committee; (iii) notify the Board of the member's intent to convert the political committee to a limited activity committee under Section 9-1.8, and complete the transition to a limited activity committee within 60 days after confirmation; or (iv) dissolve the committee. A member of the State Board of Elections who is in violation of this subsection (b) on the effective date of this amendatory Act of the 102nd General Assembly must come into compliance within 30 days after the effective date of this amendatory Act of the 102nd General Assembly. (c) Violation of any prohibition
in this Section shall disqualify a member of the Board and a
vacancy is thereby created. A vacancy also exists upon the occurrence of
any of the events enumerated in Section 25-2 of this Act as in the case
of an elective office. (d) As used in this Section, "political committee" includes both the meaning provided in Section 9-1.8 of this Code and the meaning provided in 52 U.S.C. 30101.
(Source: P.A. 102-664, eff. 1-1-22 .)
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10 ILCS 5/1A-15
(10 ILCS 5/1A-15) (from Ch. 46, par. 1A-15)
Sec. 1A-15. On the request of the Department of Healthcare and Family Services,
the State Board of Elections shall provide the Department with tapes,
discs, other electronic data or compilations thereof which only provide the
name, address and, when available, the Social Security number of registered
voters for the purpose of tracing absent parents and the collection of
child support. Such information shall be provided at reasonable cost,
which shall include the cost of duplication plus 15% for administration.
The confidentiality of all information contained on such tapes, discs and
other electronic data or combination thereof shall be protected as provided
in Section 11-9 of "The Illinois Public Aid Code".
(Source: P.A. 95-331, eff. 8-21-07.)
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10 ILCS 5/1A-16
(10 ILCS 5/1A-16)
Sec. 1A-16. Voter registration information; Internet posting; processing
of voter registration forms; content of such forms. Notwithstanding any law to
the contrary, the following provisions shall apply to voter registration under
this Code.
(a) Voter registration information; Internet posting of voter registration
form. Within 90 days after August 21, 2003 (the effective date of Public Act 93-574), the State Board of Elections shall post on its World Wide Web
site the following information:
(1) A comprehensive list of the names, addresses, | | phone numbers, and websites, if applicable, of all county clerks and boards of election commissioners in Illinois.
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(2) A schedule of upcoming elections and the deadline
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(3) A downloadable, printable voter registration
| | form, in at least English and in Spanish versions, that a person may complete and mail or submit to the State Board of Elections or the appropriate county clerk or board of election commissioners.
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Any forms described under paragraph (3) must state the following:
If you do not have a driver's license or social
| | security number, and this form is submitted by mail, and you have never registered to vote in the jurisdiction you are now registering in, then you must send, with this application, either (i) a copy of a current and valid photo identification, or (ii) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address of the voter. If you do not provide the information required above, then you will be required to provide election officials with either (i) or (ii) described above the first time you vote at a voting place.
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(b) Acceptance of registration forms by the State Board of Elections and
county clerks and board of election commissioners. The
State Board of Elections, county clerks, and board of election commissioners
shall accept all completed voter registration forms
described in subsection (a)(3) of this Section and Section 1A-17 and voter registration forms created under Section 30 of the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act that are:
(1) postmarked on or before the day that voter
| | registration is closed under this Code;
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(2) not postmarked, but arrives no later than 5 days
| | after the close of registration;
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(3) submitted in person by a person using the form on
| | or before the day that voter registration is closed under this Code; or
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(4) submitted in person by a person who submits one
| | or more forms on behalf of one or more persons who used the form on or before the day that voter registration is closed under this Code.
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Upon the receipt of a registration form, the State Board of Elections shall
mark
the date on which the form was received
and send the form via first class mail to the appropriate county clerk or board
of
election commissioners, as the case may be, within 2 business days based upon
the home address of the person submitting the registration form. The county
clerk and board of election commissioners shall accept and process any form
received from the State Board of Elections.
(c) Processing of registration forms by county clerks and boards of election
commissioners. The county clerk or board of election commissioners shall
promulgate procedures for processing the voter registration form.
(d) Contents of the voter registration form. The State Board shall create
a voter registration form, which must contain the following content:
(1) Instructions for completing the form.
(2) A summary of the qualifications to register to
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(3) Instructions for mailing in or submitting the
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(4) The phone number for the State Board of Elections
| | should a person submitting the form have questions.
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(5) A box for the person to check that explains one
| | of 3 reasons for submitting the form:
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(a) new registration;
(b) change of address; or
(c) change of name.
(6) a box for the person to check yes or no that
| | asks, "Are you a citizen of the United States?", a box for the person to check yes or no that asks, "Will you be 18 years of age on or before election day?", and a statement of "If you checked 'no' in response to either of these questions, then do not complete this form.".
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(7) A space for the person to fill in his or her home
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(8) Spaces for the person to fill in his or her
| | first, middle, and last names, street address (principal place of residence), county, city, state, and zip code.
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(9) Spaces for the person to fill in his or her
| | mailing address, city, state, and zip code if different from his or her principal place of residence.
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(10) A space for the person to fill in his or her
| | Illinois driver's license number if the person has a driver's license.
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(11) A space for a person without a driver's license
| | to fill in the last four digits of his or her social security number if the person has a social security number.
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(12) A space for a person without an Illinois
| | driver's license to fill in his or her identification number from his or her State Identification card issued by the Secretary of State.
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(13) A space for the person to fill the name
| | appearing on his or her last voter registration, the street address of his or her last registration, including the city, county, state, and zip code.
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(14) A space where the person swears or affirms the
| | following under penalty of perjury with his or her signature:
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(a) "I am a citizen of the United States.";
(b) "I will be at least 18 years old on or before
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(c) "I will have lived in the State of Illinois
| | and in my election precinct at least 30 days as of the date of the next election."; and
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(d) "The information I have provided is true to
| | the best of my knowledge under penalty of perjury. If I have provided false information, then I may be fined, imprisoned, or, if I am not a U.S. citizen, deported from or refused entry into the United States.".
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(15) A space for the person to fill in his or her
| | e-mail address if he or she chooses to provide that information.
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| (d-5) Compliance with federal law; rulemaking authority. The voter
registration
form described in this Section shall be consistent with the form prescribed by
the
Federal
Election Commission under the National Voter Registration Act of 1993,
P.L. 103-31, as amended from time to time, and the Help America Vote Act of
2002, P.L. 107-252, in all relevant respects. The State Board of Elections
shall periodically update the form based on changes to federal or State law.
The State Board of Elections shall promulgate any rules necessary for the
implementation of this Section; provided that the rules
comport with the letter and spirit of the National Voter Registration Act of
1993 and Help America Vote Act of 2002 and maximize the opportunity for a
person to register to vote.
(d-10) No later than 90 days after the 2022 general election, the State Board of Elections shall permit applicants to choose between "male", "female", or "non-binary" when designating the applicant's sex on the voter registration form.
(e) Forms available in paper form. The State Board of Elections shall make
the voter registration form available in regular paper stock and form in
sufficient quantities for the general public. The State Board of Elections may
provide the voter registration form to the Secretary of State, county
clerks, boards of election commissioners, designated agencies of the State of
Illinois, and any other person or entity designated to have these forms by this Code in regular paper stock and form or some other format deemed
suitable by the Board. Each county clerk or board of election commissioners has
the authority to design and print its own voter registration form so long as
the form complies with the requirements of this Section. The State Board
of Elections, county clerks, boards of election commissioners, or other
designated agencies of the State of Illinois required to have these forms under this
Code shall provide a member of the public with any reasonable
number of forms
that he or she may request. Nothing in this Section shall permit the State
Board of
Elections, county clerk, board of election commissioners, or other appropriate
election official who may accept a voter registration form to refuse to accept
a voter registration form because the form is printed on photocopier or regular
paper
stock and form.
(f) (Blank).
(Source: P.A. 102-292, eff. 1-1-22; 102-668, eff. 11-15-21 .)
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10 ILCS 5/1A-16.1 (10 ILCS 5/1A-16.1) Sec. 1A-16.1. Automatic voter registration; Secretary of State. (a) The Office of the Secretary of State and the State Board of Elections, pursuant to an interagency contract and jointly adopted rules, shall establish an automatic voter registration program that satisfies the requirements of this Section and other applicable law. (b) If an application, an application for renewal, a change of address form, or a recertification form for a driver's license or a State identification card issued by the Office of the Secretary of State meets the requirements of the federal REAL ID Act of 2005, then that application shall serve as a dual-purpose application. The dual-purpose application shall: (1) also serve as an application to register to vote | | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls;
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| (3) provide the applicant with an opportunity to
| | affirmatively decline to register to vote or to change his or her registered residence address or name by providing a check box on the application form without requiring the applicant to state the reason; and
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| (4) unless the applicant declines to register to vote
| | or change his or her registered residence address or name, require the applicant to attest, by signature under penalty of perjury as described in subsection (e) of this Section, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her driver's license or identification card dual-purpose application.
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| (b-5) If an application, an application for renewal, a change of address form, or a recertification form for a driver's license or a State identification card issued by the Office of the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card and does not list a social security number for the applicant, does not meet the requirements of the federal REAL ID Act of 2005, then that application shall serve as a dual-purpose application. The dual-purpose application shall:
(1) also serve as an application to register to vote
| | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls; and
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| (3) if the applicant chooses to register to vote or
| | to change his or her registered residence address or name, then require the applicant to attest, by a separate signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application.
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| (b-10) The Office of the Secretary of State shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois, (ii) of the penalties provided by law for submission of a false voter registration application, (iii) that, unless the applicant declines to register to vote or update his or her voter registration, his or her dual-purpose application shall also serve as both an application to register to vote and his or her attestation that he or she meets the eligibility requirements for voter registration, and that his or her application to register to vote or update his or her registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on his or her driver's license or identification card, and (iv) that declining to register to vote is confidential and will not affect any services the person may be seeking from the Office of the Secretary of State.
(c) The Office of the Secretary of State shall review information provided to the Office of the Secretary of State by the State Board of Elections to inform each applicant for a driver's license or permit or a State identification card issued by the Office of the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card and does not list a social security number for the applicant, whether the applicant is currently registered to vote in Illinois and, if registered, at what address.
(d) The Office of the Secretary of State shall not require an applicant for a driver's license or State identification card to provide duplicate identification or information in order to complete an application to register to vote or change his or her registered residence address or name. Before transmitting any personal information about an applicant to the State Board of Elections, the Office of the Secretary of State shall review its records of the identification documents the applicant provided in order to complete the application for a driver's license or State identification card to confirm that nothing in those documents indicates that the applicant does not satisfy the qualifications to register to vote in Illinois at his or her residence address.
(e) A completed, signed application for (i) a driver's license or permit or a State identification card issued by the Office of the Secretary of State, that meets the requirements of the federal REAL ID Act of 2005; or (ii) a completed application under subsection (b-5) of this Section with a separate signature attesting the applicant meets the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her application shall constitute a signed application to register to vote in Illinois at the residence address indicated in the application unless the person affirmatively declined in the application to register to vote or to change his or her registered residence address or name. If the identification documents provided to complete the dual-purpose application indicate that he or she does not satisfy the qualifications to register to vote in Illinois at his or her residence address, the application shall be marked as incomplete.
(f) For each completed and signed application that constitutes an application to register to vote in Illinois or provides for a change in the applicant's registered residence address or name, the Office of the Secretary of State shall electronically transmit to the State Board of Elections personal information needed to complete the person's registration to vote in Illinois at his or her residence address. The application to register to vote shall be processed in accordance with Section 1A-16.7.
(g) If the federal REAL ID Act of 2005 is repealed, abrogated, superseded, or otherwise no longer in effect, then the State Board of Elections shall establish criteria for determining reliable personal information indicating citizenship status and shall adopt rules as necessary for the Secretary of State to continue processing dual-purpose applications under this Section.
(h) As used in this Section, "dual-purpose application" means an application, an application for renewal, a change of address form, or a recertification form for driver's license or permit or a State identification card offered by the Secretary of State, other than an application or form that pertains to a standard driver's license or identification card and does not list a social security number for the applicant, that also serves as an application to register to vote in Illinois. "Dual-purpose application" does not mean an application under subsection (c) of Section 6-109 of the Illinois Vehicle Code.
(Source: P.A. 103-210, eff. 7-1-24; 103-605, eff. 7-1-24.)
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10 ILCS 5/1A-16.2 (10 ILCS 5/1A-16.2) Sec. 1A-16.2. Automatic voter registration; designated automatic voter registration agencies. (a) Each designated automatic voter registration agency shall, pursuant to an interagency contract and jointly-adopted rules with the State Board of Elections, agree to participate in an automatic voter registration program established by the State Board of Elections that satisfies the requirements of this Section and other applicable law. If the designated automatic voter registration agency provides applications, applications for renewal, change of address forms, or recertification forms to individuals for services offered by another agency, then the State Board of Elections and the designated automatic voter agency shall consult with the other agency. The State Board of Elections shall consider the current technological capabilities of the designated voter registration agency when drafting interagency contracts and jointly-adopted rules. The State Board of Elections and the designated automatic voter registration agency shall amend these contracts and rules as the technological capabilities of the designated voter registration agencies improve. (b) As provided in subsection (a) of this Section, each designated automatic voter registration agency that collects or cross-references reliable personal information indicating citizenship status may provide that an application for a license, permit, program, or service shall serve as a dual-purpose application. The dual-purpose application shall: (1) also serve as an application to register to vote | | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls;
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| (3) provide the applicant with an opportunity to
| | affirmatively decline to register to vote or change his or her registered residence address or name by providing a check box on the application form without requiring the applicant to state the reason; and
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| (4) unless the applicant declines to register to vote
| | or to change his or her registered residence address or name, require the applicant to attest, by signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application.
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| (c) As provided in subsection (a) of this Section, each designated automatic voter registration agency that does not collect or cross-reference records containing reliable personal information indicating citizenship status may provide that an application, an application for renewal, a change of address form, or a recertification form for a license, permit, program, or service shall serve as a dual-purpose application. The dual-purpose application shall:
(1) also serve as an application to register to vote
| | (2) allow an applicant to change his or her
| | registered residence address or name as it appears on the voter registration rolls; and
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| (3) if the applicant chooses to register to vote or
| | to change his or her registered residence address or name, then require the applicant to attest, by a separate signature under penalty of perjury, to meeting the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her dual-purpose application.
|
| (c-5) The designated automatic voter registration agency shall clearly and conspicuously inform each applicant in writing: (i) of the qualifications to register to vote in Illinois, (ii) of the penalties provided by law for submission of a false voter registration application, (iii) that, unless the applicant declines to register to vote or update his or her voter registration, his or her application shall also serve as both an application to register to vote and his or her attestation that he or she meets the eligibility requirements for voter registration, and that his or her application to register to vote or update his or her registration will be transmitted to the State Board of Elections for the purpose of registering the person to vote at the residence address to be indicated on the dual-purpose application, (iv) that information identifying the agency at which he or she applied to register to vote is confidential, (v) that declining to register to vote is confidential and will not affect any services the person may be seeking from the agency, and (vi) any additional information needed in order to comply with Section 7 of the federal National Voter Registration Act of 1993.
(d) The designated automatic voter registration agency shall review information provided to the agency by the State Board of Elections to inform each applicant whether the applicant is currently registered to vote in Illinois and, if registered, at what address.
(e) The designated automatic voter registration agency shall not require an applicant for a dual-purpose application to provide duplicate identification or information in order to complete an application to register to vote or change his or her registered residence address or name. Before transmitting any personal information about an applicant to the State Board of Elections, the agency shall review its records of the identification documents the applicant provided or that the agency cross-references in order to complete the dual-purpose application, to confirm that nothing in those documents indicates that the applicant does not satisfy the qualifications to register to vote in Illinois at his or her residence address. A completed and signed dual-purpose application, including a completed application under subsection (c) of this Section with a separate signature attesting that the applicant meets the qualifications to register to vote in Illinois at his or her residence address as indicated on his or her application, shall constitute an application to register to vote in Illinois at the residence address indicated in the application unless the person affirmatively declined in the application to register to vote or to change his or her registered residence address or name. If the identification documents provided to complete the dual-purpose application, or that the agency cross-references, indicate that he or she does not satisfy the qualifications to register to vote in Illinois at his or her residence address, the application shall be marked as incomplete.
(f) For each completed and signed dual-purpose application that constitutes an application to register to vote in Illinois or provides for a change in the applicant's registered residence address or name, the designated automatic voter registration agency shall electronically transmit to the State Board of Elections personal information needed to complete the person's registration to vote in Illinois at his or her residence address. The application to register to vote shall be processed in accordance with Section 1A-16.7.
(g) As used in this Section:
"Designated automatic voter registration agency" or
| | "agency" means the divisions of Family and Community Services and Rehabilitation Services of the Department of Human Services, the Department of Employment Security, the Department of Financial and Professional Regulation, the Department of Natural Resources, or an agency of the State or federal government that has been determined by the State Board of Elections to have access to reliable personal information and has entered into an interagency contract with the State Board of Elections to participate in the automatic voter registration program under this Section.
|
| "Dual-purpose application" means an application, an
| | application for renewal, a change of address form, or a recertification form for a license, permit, program, or service offered by a designated automatic voter registration agency that also serves as an application to register to vote in Illinois.
|
| "Reliable personal information" means information
| | about individuals obtained from government sources that may be used to verify whether an individual is eligible to register to vote.
|
| (h) This Section shall be implemented no later than July 1, 2019.
(Source: P.A. 100-464, eff. 8-28-17.)
|
10 ILCS 5/1A-16.5 (10 ILCS 5/1A-16.5) Sec. 1A-16.5. Online voter registration. (a) The State Board of Elections shall establish and maintain a system for online voter registration that permits a person to apply to register to vote or to update his or her existing voter registration. In accordance with technical specifications provided by the State Board of Elections, each election authority shall maintain a voter registration system capable of receiving and processing voter registration application information, including electronic signatures, from the online voter registration system established by the State Board of Elections. (b) The online voter registration system shall employ security measures to ensure the accuracy and integrity of voter registration applications submitted electronically pursuant to this Section. (c) The Board may receive voter registration information provided by applicants using the State Board of Elections' website, may cross reference that information with data or information contained in the Secretary of State's database in order to match the information submitted by applicants, and may receive from the Secretary of State the applicant's digitized signature upon a successful match of that applicant's information with that contained in the Secretary of State's database. (d) Notwithstanding any other provision of law, a person who is qualified to register to vote and who has an authentic Illinois driver's license or State identification card issued by the Secretary of State may submit an application to register to vote electronically on a website maintained by the State Board of Elections. (e) An online voter registration application shall contain all of the information that is required for a paper application as provided in Section 1A-16 of this Code, except that the applicant shall be required to provide: (1) the applicant's full Illinois driver's license or | | State identification card number;
|
| (2) the last 4 digits of the applicant's social
| | (3) the date the Illinois driver's license or State
| | identification card was issued.
|
| (f) For an applicant's registration or change in registration to be accepted, the applicant shall mark the box associated with the following statement included as part of the online voter registration application:
"By clicking on the box below, I swear or affirm all of the following:
(1) I am the person whose name and identifying information is provided on this form, and I desire to register to vote in the State of Illinois.
(2) All the information I have provided on this form is true and correct as of the date I am submitting this form.
(3) I authorize the Secretary of State to transmit to the State Board of Elections my signature that is on file with the Secretary of State and understand that such signature will be used by my local election authority on this online voter registration application for admission as an elector as if I had signed this form personally.".
(g) Immediately upon receiving a completed online voter registration application, the online voter registration system shall send, by electronic mail, a confirmation notice that the application has been received. Within 48 hours of receiving such an application, the online voter registration system shall send by electronic mail, a notice informing the applicant of whether the following information has been matched with the Secretary of State database:
(1) that the applicant has an authentic Illinois
| | driver's license or State identification card issued by the Secretary of State and that the driver's license or State identification number provided by the applicant matches the driver's license or State identification card number for that person on file with the Secretary of State;
|
| (2) that the date of issuance of the Illinois
| | driver's license or State identification card listed on the application matches the date of issuance of that card for that person on file with the Secretary of State;
|
| (3) that the date of birth provided by the applicant
| | matches the date of birth for that person on file with the Secretary of State; and
|
| (4) that the last 4 digits of the applicant's social
| | security number matches the last 4 digits for that person on file with the Secretary of State.
|
| (h) If the information provided by the applicant matches the information on the Secretary of State's databases for any driver's license and State identification card holder and is matched as provided in subsection (g) above, the online voter registration system shall:
(1) retrieve from the Secretary of State's database
| | files an electronic copy of the applicant's signature from his or her Illinois driver's license or State identification card and such signature shall be deemed to be the applicant's signature on his or her online voter registration application;
|
| (2) within 2 days of receiving the application,
| | forward to the county clerk or board of election commissioners having jurisdiction over the applicant's voter registration: (i) the application, along with the applicant's relevant data that can be directly loaded into the jurisdiction's voter registration system and (ii) a copy of the applicant's electronic signature and a certification from the State Board of Elections that the applicant's driver's license or State identification card number, driver's license or State identification card date of issuance, and date of birth and social security information have been successfully matched.
|
| (i) Upon receipt of the online voter registration application, the county clerk or board of election commissioners having jurisdiction over the applicant's voter registration shall promptly search its voter registration database to determine whether the applicant is already registered to vote at the address on the application and whether the new registration would create a duplicate registration. If the applicant is already registered to vote at the address on the application, the clerk or board, as the case may be, shall send the applicant by first class mail, and electronic mail if the applicant has provided an electronic mail address on the original voter registration form for that address, a disposition notice as otherwise required by law informing the applicant that he or she is already registered to vote at such address. If the applicant is not already registered to vote at the address on the application and the applicant is otherwise eligible to register to vote, the clerk or board, as the case may be, shall:
(1) enter the name and address of the applicant on
| | the list of registered voters in the jurisdiction; and
|
| (2) send by mail, and electronic mail if the
| | applicant has provided an electronic mail address on the voter registration form, a disposition notice to the applicant as otherwise provided by law setting forth the applicant's name and address as it appears on the application and stating that the person is registered to vote.
|
| (j) An electronic signature of the person submitting a duplicate registration application or a change of address form that is retrieved and imported from the Secretary of State's driver's license or State identification card database as provided herein may, in the discretion of the clerk or board, be substituted for and replace any existing signature for that individual in the voter registration database of the county clerk or board of election commissioners.
(k) Any new registration or change of address submitted electronically as provided in this Section shall become effective as of the date it is received by the county clerk or board of election commissioners having jurisdiction over said registration. Disposition notices prescribed in this Section shall be sent within 5 business days of receipt of the online application or change of address by the county clerk or board of election commissioners.
(l) All provisions of this Code governing voter registration and applicable thereto and not inconsistent with this Section shall apply to online voter registration under this Section. All applications submitted on a website maintained by the State Board of Elections shall be deemed timely filed if they are submitted no later than 11:59 p.m. on the 16th day prior to an election. After the registration period for an upcoming election has ended and until the 2nd day following such election, the web page containing the online voter registration form on the State Board of Elections website shall inform users of the procedure for grace period voting.
(m) The State Board of Elections shall maintain a list of the name, street address, e-mail address, and likely precinct, ward, township, and district numbers, as the case may be, of people who apply to vote online through the voter registration system and those names and that information shall be stored in an electronic format on its website, arranged by county and accessible to State and local political committees.
(n) The Illinois State Board of Elections shall develop or cause to be developed an online voter registration system able to be accessed by at least the top two most used mobile electronic operating systems by January 1, 2016.
(o) (Blank).
(p) Each State department that maintains an Internet website must include a hypertext link to the homepage website maintained and operated pursuant to this Section 1A-16.5. For the purposes of this Section, "State department" means the departments of State Government listed in Section 5-15 of the Civil Administrative Code of Illinois (General Provisions and Departments of State Government).
(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
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10 ILCS 5/1A-16.6 (10 ILCS 5/1A-16.6) Sec. 1A-16.6. Government agency voter registration. (a) By April 1, 2016, the State Board of Elections shall establish and maintain a portal for government agency registration that permits an eligible person to electronically apply to register to vote or to update his or her existing voter registration whenever he or she conducts business, either online or in person, with a designated government agency. The portal shall interface with the online voter registration system established in Section 1A-16.5 of this Code and shall be capable of receiving and processing voter registration application information, including electronic signatures, from a designated government agency. The State Board of Elections shall modify the online voter registration system as necessary to implement this Section. Voter registration data received from a designated government agency through the online registration system shall be processed as provided for in Section 1A-16.5 of this Code. Whenever the registration interface is accessible to the general public, including, but not limited to, online transactions, the interface shall allow the applicant to complete the process as provided for in Section 1A-16.5 of this Code. The online interface shall be capable of providing the applicant with the applicant's voter registration status with the State Board of Elections and, if registered, the applicant's current registration address. The applicant shall not be required to re-enter any registration data, such as name, address, and birth date, if the designated government agency already has that information on file. The applicant shall be informed that by choosing to register to vote or to update his or her existing voter registration, the applicant consents to the transfer of the applicant's personal information to the State Board of Elections. Whenever a government employee is accessing the registration system while servicing the applicant, the government employee shall notify the applicant of the applicant's registration status with the State Board of Elections and, if registered, the applicant's current registration address. If the applicant elects to register to vote or to update his or her existing voter registration, the government employee shall collect the needed information and assist the applicant with his or her registration. The applicant shall be informed that by choosing to register to vote or to update his or her existing voter registration, the applicant consents to the transfer of the applicant's personal information to the State Board of Elections. In accordance with technical specifications provided by the State Board of Elections, each designated government agency shall maintain a data transfer mechanism capable of transmitting voter registration application information, including electronic signatures where available, to the online voter registration system established in Section 1A-16.5 of this Code. Each designated government agency shall establish and operate a voter registration system capable of transmitting voter registration application information to the portal as described in this Section by July 1, 2016. (b) Whenever an applicant's data is transferred from a designated government agency, the agency must transmit a signature image if available. If no signature image was provided by the agency or if no signature image is available in the Secretary of State's database or the statewide voter registration database, the applicant must be notified that their registration will remain in a pending status and the applicant will be required to provide identification and a signature to the election authority on Election Day in the polling place or during early voting. (c) The State Board of Elections shall track registration data received through the online registration system that originated from a designated government agency for the purposes of maintaining statistics required by the federal National Voter Registration Act of 1993, as amended. (d) The State Board of Elections shall submit a report to the General Assembly and the Governor by December 1, 2015 detailing the progress made to implement the government agency voter registration portal described in this Section. (e) The Board shall adopt rules, in consultation with the impacted agencies. (f) As used in this Section, a "designated government agency" means the Secretary of State's Driver Services and Vehicle Services Departments, the Department of Human Services, the Department of Healthcare and Family Services, the Department of Employment Security, and the Department on Aging; however, if the designated government agency becomes a designated automatic voter registration agency under Section 1A-16.1 or Section 1A-16.2 of this Code, that agency shall cease to be a designated government agency under this Section.
(Source: P.A. 100-464, eff. 8-28-17.) |
10 ILCS 5/1A-16.7 (10 ILCS 5/1A-16.7) Sec. 1A-16.7. Automatic voter registration. (a) The State Board of Elections shall establish and maintain a portal for automatic government agency voter registration that permits an eligible person to electronically apply to register to vote or to update his or her existing voter registration as provided in Section 1A-16.1 or Section 1A-16.2. The portal shall interface with the online voter registration system established in Section 1A-16.5 of this Code and shall be capable of receiving and processing voter registration application information, including electronic signatures, from the Office of the Secretary of State and each designated automatic voter registration agency, as defined in Section 1A-16.2. The State Board of Elections may cross-reference voter registration information from any designated automatic voter registration agency, as defined under Section 1A-16.2 of this Code, with information contained in the database of the Secretary of State as provided under subsection (c) of Section 1A-16.5 of this Code. The State Board of Elections shall modify the online voter registration system as necessary to implement this Section. (b) Voter registration data received from the Office of the Secretary of State or a designated automatic voter registration agency through the online registration application system shall be processed as provided in Section 1A-16.5 of this Code. (c) The State Board of Elections shall establish technical specifications applicable to each automatic government registration program, including data format and transmission specifications. The Office of the Secretary of State and each designated automatic voter registration agency shall maintain a data transfer mechanism capable of transmitting voter registration application information, including electronic signatures where available, to the online voter registration system established in Section 1A-16.5 of this Code. (d) The State Board of Elections shall, by rule, establish criteria and procedures for determining whether an agency of the State or federal government seeking to become a designated automatic voter registration agency has access to reliable personal information, as defined under this subsection (d) and subsection (f) of Section 1A-16.2 of this Code, and otherwise meets the requirements to enter into an interagency contract and to operate as a designated automatic voter registration agency. The State Board of Elections shall approve each interagency contract upon affirmative vote of a majority of its members. As used in this subsection (d), "reliable personal information" means information about individuals obtained from government sources that may be used to verify whether an individual is eligible to register to vote. (e) Whenever an applicant's data is transferred from the Office of the Secretary of State or a designated automatic voter registration agency, the agency must transmit a signature image if available. If no signature image was provided by the agency, or if no signature image is available in the Office of the Secretary of State's database or the statewide voter registration database, the applicant must be notified that his or her registration will remain in a pending status, and the applicant will be required to provide identification that complies with the federal Help America Vote Act of 2002 and a signature to the election authority on election day in the polling place or during early voting. (f) Upon receipt of personal information collected and transferred by the Office of the Secretary of State or a designated automatic voter registration agency, the State Board of Elections shall check the information against the statewide voter registration database. The State Board of Elections shall create and electronically transmit to the appropriate election authority a voter registration application for any individual who is not registered to vote in Illinois and is not disqualified as provided in this Section or whose information reliably indicates a more recent update to the name or address of a person already included in the statewide voter database. The election authority shall process the application accordingly. (g) The appropriate election authority shall ensure that any applicant who is registered to vote or whose existing voter registration is updated under this Section is promptly sent written notice of the change. The notice required by this subsection (g) may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (g) shall contain, at a minimum: (i) the applicant's name and residential address as reflected on the voter registration list; (ii) a statement notifying the applicant to contact the appropriate election authority if his or her voter registration has been updated in error; (iii) the qualifications to register to vote in Illinois; (iv) a statement notifying the applicant that he or she may opt out of voter registration or request a change to his or her registration information at any time by contacting an election official; and (v) contact information for the appropriate election authority, including a phone number, address, electronic mail address, and website address. (h) The appropriate election authority shall ensure that any applicant whose voter registration application is not accepted or deemed incomplete is promptly sent written notice of the application's status. The notice required by this subsection may be sent or combined with other notices required or permitted by law, including, but not limited to, any notices sent pursuant to Section 1A-16.5 of this Code. Any notice required by this subsection (h) shall contain, at a minimum, the reason the application was not accepted or deemed incomplete and contact information for the appropriate election authority, including a phone number, address, electronic mail address, and website address. (i) If the Office of the Secretary of State or a designated automatic voter registration agency transfers information, or if the State Board of Elections creates and transmits a voter registration application, for a person who does not qualify as an eligible voter, then it shall not constitute a completed voter registration form, and the person shall not be considered to have registered to vote. (j) If the registration is processed by any election authority, then it shall be presumed to have been effected and officially authorized by the State, and that person shall not be found on that basis to have made a false claim to citizenship or to have committed an act of moral turpitude, nor shall that person be subject to penalty under any relevant laws, including, but not limited to, Sections 29-10 and 29-19 of this Code. This subsection (j) does not apply to a person who knows that he or she is not entitled to register to vote and who willfully votes, registers to vote, or attests under penalty of perjury that he or she is eligible to register to vote or willfully attempts to vote or to register to vote. (k) The State Board of Elections, the Office of the Secretary of State, and each designated automatic voter registration agency shall implement policies and procedures to protect the privacy and security of voter information as it is acquired, stored, and transmitted among agencies, including policies for the retention and preservation of voter information. Information designated as confidential under this Section may be recorded and shared among the State Board of Elections, election authorities, the Office of the Secretary of State, and designated automatic voter registration agencies, but shall be used only for voter registration purposes, shall not be disclosed to the public except in the aggregate as required by subsection (m) of this Section, and shall not be subject to the Freedom of Information Act. The following information shall be designated as confidential: (1) any portion of an applicant's Social Security | | (2) any portion of an applicant's driver's license
| | number or State identification number;
|
| (3) an applicant's decision to decline voter
| | (4) the identity of the person providing information
| | relating to a specific applicant; and
|
| (5) the personal residence and contact information of
| | any applicant for whom notice has been given by an appropriate legal authority.
|
| This subsection (k) shall not apply to information the State Board of Elections is required to share with the Electronic Registration Information Center.
(l) The voter registration procedures implemented under this Section shall comport with the federal National Voter Registration Act of 1993, as amended, and shall specifically require that the State Board of Elections track registration data received through the online registration system that originated from a designated automatic voter registration agency for the purposes of maintaining statistics.
Nothing in this Code shall require designated voter registration agencies to transmit information that is confidential client information under State or federal law without the consent of the applicant.
(m) The State Board of Elections, each election authority that maintains a website, the Office of the Secretary of State, and each designated automatic voter registration agency that maintains a website shall provide information on their websites informing the public about the new registration procedures described in this Section. The Office of the Secretary of State and each designated automatic voter registration agency shall display signage or provide literature for the public containing information about the new registration procedures described in this Section.
(n) No later than 6 months after the effective date of this amendatory Act of the 100th General Assembly, the State Board of Elections shall hold at least one public hearing on implementing this amendatory Act of the 100th General Assembly at which the public may provide input.
(o) The State Board of Elections shall submit an annual public report to the General Assembly and the Governor detailing the progress made to implement this Section. The report shall include all of the following: the number of records transferred under this Section by agency, the number of voters newly added to the statewide voter registration list because of records transferred under this Section by agency, the number of updated registrations under this Section by agency, the number of persons who opted out of voter registration, and the number of voters who submitted voter registration forms using the online procedure described in Section 1A-16.5 of this Code. The 2018 and 2019 annual reports may include less detail if election authorities are not equipped to provide complete information to the State Board of Elections. Any report produced under this subsection (o) shall exclude any information that identifies any individual personally.
(p) The State Board of Elections, in consultation with election authorities, the Office of the Secretary of State, designated automatic voter registration agencies, and community organizations, shall adopt rules as necessary to implement the provisions of this Section.
(Source: P.A. 100-464, eff. 8-28-17.)
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10 ILCS 5/1A-16.8 (10 ILCS 5/1A-16.8) Sec. 1A-16.8. Automatic transfer of registration based upon information from the National Change of Address database and designated automatic voter registration agencies. (a) The State Board of Elections shall cross-reference the statewide voter registration database against the United States Postal Service's National Change of Address database twice each calendar year, April 15 and October 1 in odd-numbered years and April 15 and December 1 in even-numbered years or with the same frequency as in subsection (b) of this Section, and shall share the findings with the election authorities. (b) In addition, beginning no later than September 1, 2017, the State Board of Elections shall utilize data provided as part of its membership in the Electronic Registration Information Center in order to cross-reference the statewide voter registration database against databases of relevant personal information kept by designated automatic voter registration agencies, including, but not limited to, driver's license information kept by the Secretary of State, at least 6 times each calendar year and shall share the findings with election authorities. This subsection (b) shall no longer apply once Sections 1A-16.1 and 1A-16.2 of this Code are fully implemented as determined by the State Board of Elections. Upon a determination by the State Board of Elections of full implementation of Sections 1A-16.1 and 1A-16.2 of this Code, the State Board of Elections shall file notice of full implementation and the inapplicability of this subsection (b) with the Index Department of the Office of the Secretary of State, the Governor, the General Assembly, and the Legislative Reference Bureau. (b-5) The State Board of Elections shall not be required to share any data on any voter attained using the National Change of Address database under subsection (a) of this Section if that voter has a more recent government transaction indicated using the cross-reference under subsection (b) of this Section. If there is contradictory or unclear data between data obtained under subsections (a) and (b) of this Section, then data obtained under subsection (b) of this Section shall take priority. (c) An election authority shall automatically register any voter who has moved into its jurisdiction from another jurisdiction in Illinois or has moved within its jurisdiction provided that: (1) the election authority whose jurisdiction | | includes the new registration address provides the voter an opportunity to reject the change in registration address through a mailing, sent by non-forwardable mail, to the new registration address, and
|
| (2) when the election authority whose jurisdiction
| | includes the previous registration address is a different election authority, then that election authority provides the same opportunity through a mailing, sent by forwardable mail, to the previous registration address.
|
| This change in registration shall trigger the same inter-jurisdictional or intra-jurisdictional workflows as if the voter completed a new registration card, including the cancellation of the voter's previous registration. Should the registration of a voter be changed from one address to another within the State and should the voter appear at the polls and offer to vote from the prior registration address, attesting that the prior registration address is the true current address, the voter, if confirmed by the election authority as having been registered at the prior registration address and canceled only by the process authorized by this Section, shall be issued a regular ballot, and the change of registration address shall be canceled. If the election authority is unable to immediately confirm the registration, the voter shall be permitted to register and vote a regular ballot, provided that he or she meets the documentary requirements for same-day registration. If the election authority is unable to confirm the registration and the voter does not meet the requirements for same-day registration, the voter shall be issued a provisional ballot.
(d) No voter shall be disqualified from voting due to an error relating to an update of registration under this Section.
(Source: P.A. 99-522, eff. 6-30-16; 100-464, eff. 8-28-17.)
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10 ILCS 5/1A-16.9 (10 ILCS 5/1A-16.9) Sec. 1A-16.9. Implementation. The changes made by this amendatory Act of the 100th General Assembly shall be implemented no later than July 1, 2018, except for the changes made to Section 1A-16.2 of this Code.
(Source: P.A. 100-464, eff. 8-28-17.) |
10 ILCS 5/1A-17 (10 ILCS 5/1A-17)
Sec. 1A-17. Voter registration outreach. (a) The Secretary of State, the Department of Human Services, the Department of Children and Family Services, the Department of Public Aid, the Department of Employment Security, and each public institution of higher learning in Illinois must make available on its World Wide Web site a downloadable, printable voter registration form that complies with the requirements in subsection (d) of Section 1A-16 for the State Board of Elections' voter registration form. (b) Each public institution of higher learning in Illinois must include voter registration information and a voter registration form supplied by the State Board of Elections under subsection (e) of Section 1A-16 in any mailing of student registration materials to an address located in Illinois. Each public institution of higher learning must provide voter registration information and a voter registration form supplied by the State Board of Elections under subsection (e) of Section 1A-16 to each person with whom the institution conducts in-person student registration. (c) As used in this Section, a public institution of higher learning means a public university, college, or community college in Illinois.
(Source: P.A. 94-645, eff. 8-22-05; incorporates P.A. 94-492, eff. 1-1-06; 95-331, eff. 8-21-07.) |
10 ILCS 5/1A-18 (10 ILCS 5/1A-18)
Sec. 1A-18. Voter registration applications; General Assembly district offices. Each member of the General Assembly, and his or her State employees (as defined in Section 1-5 of the State Officials and Employees Ethics Act) authorized by the member, may make available voter registration forms supplied by the State Board of Elections under subsection (e) of Section 1A-16 to the public and may undertake that and other voter registration activities at the member's district office, during regular business hours or otherwise, in a manner determined by the member.
(Source: P.A. 94-645, eff. 8-22-05.) |
10 ILCS 5/1A-19 (10 ILCS 5/1A-19)
Sec. 1A-19. Effect of extension of canvassing period on terms of public offices and official acts. (a) Notwithstanding any law to the contrary, if the proclamation of election results for an elected office has not been issued by the date of the commencement of the term of that elected office because of the extension of canvassing periods under this amendatory Act of the 93rd General Assembly, then the term of the elected office shall commence on a date 14 days after the proclamation of election results is issued for that elected office. (b) If subsection (a) applies to the commencement date of an elected official's term, and if the elected official is authorized or required by law to perform an official act by a date occurring before the commencement of his or her term of office, including but not limited to holding an organizational meeting of the public body to which the public official is elected, then notwithstanding any law to the contrary the date by which the act shall be performed shall be a date 14 days after the date otherwise established by law. (c) Notwithstanding any other provision of this Section or of this Code to the contrary, the terms of office for Supreme, Appellate, and Circuit Judges commence on the first Monday in December following their election or retention. Judicial election results must be proclaimed before that date.
(Source: P.A. 93-847, eff. 7-30-04.) |
10 ILCS 5/1A-20
(10 ILCS 5/1A-20)
Sec. 1A-20.
Help Illinois Vote Fund.
The Help Illinois Vote Fund is created
as a
special fund in the State treasury. All federal funds received by the State
for the
implementation of the federal Help America Vote Act of 2002 shall be deposited
into the Help Illinois Vote Fund. Moneys from any other source may be deposited
into the Help Illinois Vote Fund. The Help Illinois Vote Fund shall be
appropriated solely to the State Board of Elections for use only in the
performance
of activities and programs authorized or mandated by or in accordance with the
federal Help America Vote Act of 2002.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/1A-25 (10 ILCS 5/1A-25) Sec. 1A-25. Centralized statewide voter registration list. (a) The centralized statewide voter registration list required by Title III, Subtitle A, Section 303 of the Help America Vote Act of 2002 shall be created and maintained by the State Board of Elections as provided in this Section. (1) The centralized statewide voter registration list | | shall be compiled from the voter registration data bases of each election authority in this State.
|
| (2) With the exception of voter registration forms
| | submitted electronically through an online voter registration system, all new voter registration forms and applications to register to vote, including those reviewed by the Secretary of State at a driver services facility, shall be transmitted only to the appropriate election authority as required by Articles 4, 5, and 6 of this Code and not to the State Board of Elections. All voter registration forms submitted electronically to the State Board of Elections through an online voter registration system shall be transmitted to the appropriate election authority as required by Section 1A-16.5. The election authority shall process and verify each voter registration form and electronically enter verified registrations on an expedited basis onto the statewide voter registration list. All original registration cards shall remain permanently in the office of the election authority as required by this Code.
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| (3) The centralized statewide voter registration list
| | (i) Be designed to allow election authorities to
| | utilize the registration data on the statewide voter registration list pertinent to voters registered in their election jurisdiction on locally maintained software programs that are unique to each jurisdiction.
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| (ii) Allow each election authority to perform
| | essential election management functions, including but not limited to production of voter lists, processing of vote by mail voters, production of individual, pre-printed applications to vote, administration of election judges, and polling place administration, but shall not prevent any election authority from using information from that election authority's own systems.
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| (4) The registration information maintained by each
| | election authority shall be synchronized with that authority's information on the statewide list at least once every 24 hours.
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| (5) The vote by mail, early vote, and rejected ballot
| | information maintained by each election authority shall be synchronized with the election authority's information on the statewide list at least once every 24 hours. The State Board of Elections shall maintain the information required by this paragraph in an electronic format on its website, arranged by county and accessible to State and local political committees.
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| (i) Within one day after receipt of a vote by
| | mail voter's ballot, the election authority shall transmit by electronic means the voter's name, street address, email address and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections.
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| (ii) Within one day after receipt of an early
| | voter's ballot, the election authority shall transmit by electronic means the voter's name, street address, email address and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections.
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| (iii) If a vote by mail ballot is rejected for
| | any reason, within one day after the rejection the election authority shall transmit by electronic means the voter's name, street address, email address and precinct, ward, township, and district numbers, as the case may be, to the State Board of Elections. If a rejected vote by mail ballot is determined to be valid, the election authority shall, within one day after the determination, remove the name of the voter from the list transmitted to the State Board of Election.
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| (6) Beginning no later than January 1, 2024, the
| | statewide voter registration list shall be updated on a monthly basis by no sooner than the first of every month; however, the information required in paragraph (5) shall be updated at least every 24 hours and made available upon request to permitted entities as described in this Section.
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| (b) To protect the privacy and confidentiality of voter registration information, the disclosure of any portion of the centralized statewide voter registration list to any person or entity other than to a State or local political committee and other than to a governmental entity for a governmental purpose is specifically prohibited except as follows: (1) subject to security measures adopted by the State Board of Elections which, at a minimum, shall include the keeping of a catalog or database, available for public view, including the name, address, and telephone number of the person viewing the list as well as the time of that viewing, any person may view the list on a computer screen at the Springfield office of the State Board of Elections, during normal business hours other than during the 27 days before an election, but the person viewing the list under this exception may not print, duplicate, transmit, or alter the list; or (2) as may be required by an agreement the State Board of Elections has entered into with a multi-state voter registration list maintenance system.
(c) Except during the 27 days immediately preceding any election, the State Board of Elections shall make available to the public the statewide voter registration list, allowing for redaction of telephone numbers, social security numbers, street numbers of home addresses, birth dates, identifiable portions of email addresses, and other highly sensitive personal information. Information released under this subsection shall be used only for the purposes defined within the federal National Voter Registration Act, 52 U.S.C. 20507(i), ensuring the accuracy and currency of official lists of eligible voters. The State Board of Elections may charge a reasonable fee under this subsection, consisting of the cost of duplication plus a 15% fee for administration. No sooner than 14 days after a request for voter registration records is made under this subsection, the State Board of Elections shall publicly disclose the request on a publicly accessible website regardless of whether the request was approved or denied. Voter registration records or data shall not be used for any personal, private, or commercial purpose, including, but not limited to, the intimidation, threat, or deception of any person or the advertising, solicitation, sale, or marketing of products or services. The State Board of Elections shall deny a request made under this subsection to any person or entity that is the subject of a court order finding a violation of this subsection. Upon the entry of a court order finding that a person or entity has violated this subsection, the clerk of the circuit court shall forward a copy of the order to the State Board of Elections.
(Source: P.A. 103-467, eff. 8-4-23; 103-600, eff. 7-1-24.)
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10 ILCS 5/1A-30
(10 ILCS 5/1A-30)
Sec. 1A-30. (Repealed).
(Source: P.A. 94-492, eff. 1-1-06. Repealed by P.A. 95-331, eff. 8-21-07.)
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10 ILCS 5/1A-35 (10 ILCS 5/1A-35)
Sec. 1A-35. Early and grace period voting education. Subject to appropriation, the State Board of Elections must develop and implement an educational program to inform the public about early voting and grace period voting. The State Board shall conduct the program beginning August 1, 2006, and until the 2006 general election.
(Source: P.A. 94-1000, eff. 7-3-06.) |
10 ILCS 5/1A-40 (10 ILCS 5/1A-40) Sec. 1A-40. (Repealed).
(Source: P.A. 95-441, eff. 8-27-07. Repealed internally, eff. 1-1-09.) |
10 ILCS 5/1A-45 (10 ILCS 5/1A-45) Sec. 1A-45. Electronic Registration Information Center. (a) The State Board of Elections shall enter into an agreement with the Electronic Registration Information Center effective no later than January 1, 2016, for the purpose of maintaining a statewide voter registration database. The State Board of Elections shall comply with the requirements of the Electronic Registration Information Center Membership Agreement. The State Board of Elections shall require a term in the Electronic Registration Information Center Membership Agreement that requires the State to share identification records contained in the Secretary of State's Driver Services Department and Vehicle Services Department (excluding those fields unrelated to voter eligibility, such as income or health information). (b) The Secretary of State and the State Board of Elections shall enter into an agreement to permit the Secretary of State to provide the State Board of Elections with any information required for compliance with the Electronic Registration Information Center Membership Agreement. The Secretary of State shall deliver this information as frequently as necessary for the State Board of Elections to comply with the Electronic Registration Information Center Membership Agreement. (b-5) (Blank). (c) Any communication required to be delivered to a registrant or potential registrant pursuant to the Electronic Registration Information Center Membership Agreement shall include at least the following message: "Our records show people at this address may not be | | registered to vote at this address, but you may be eligible to register to vote or re-register to vote at this address. If you are a U.S. Citizen, a resident of Illinois, and will be 18 years old or older before the next general election in November, you are qualified to vote.
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| We invite you to check your registration online at
| | (enter URL) or register to vote online at (enter URL), by requesting a mail-in voter registration form by (enter instructions for requesting a mail-in voter registration form), or visiting the (name of election authority) office at (address of election authority)."
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| The words "register to vote online at (enter URL)" shall be bolded and of a distinct nature from the other words in the message required by this subsection (c).
(d) Any communication required to be delivered to a potential registrant that has been identified by the Electronic Registration Information Center as eligible to vote but who is not registered to vote in Illinois shall be prepared and disseminated at the direction of the State Board of Elections. All other communications with potential registrants or re-registrants pursuant to the Electronic Registration Information Center Membership Agreement shall be prepared and disseminated at the direction of the appropriate election authority.
(e) The Executive Director of the State Board of Elections or his or her designee shall serve as the Member Representative to the Electronic Registration Information Center.
(f) The State Board of Elections may adopt any rules necessary to enforce this Section or comply with the Electronic Registration Information Center Membership Agreement.
(Source: P.A. 102-558, eff. 8-20-21; 103-600, eff. 7-1-24.)
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10 ILCS 5/1A-50 (10 ILCS 5/1A-50) Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC Operations Trust Fund (Trust Fund) is created as a nonappropriated trust fund to be held outside of the State treasury, with the State Treasurer as ex officio custodian. The Trust Fund shall be financed by a combination of private donations and by appropriations by the General Assembly. The Board may accept from all sources, contributions, grants, gifts, bequeaths, legacies of money, and securities to be deposited into the Trust Fund. All deposits shall become part of the Trust Fund corpus. Moneys in the Trust Fund are not subject to appropriation and shall be used by the Board solely for the costs and expenses related to the participation in the Electronic Registration Information Center pursuant to this Code. All gifts, grants, assets, funds, or moneys received by the Board for the purpose of participation in the Electronic Registration Information Center shall be deposited and held in the Trust Fund by the State Treasurer separate and apart from all public moneys or funds of this State and shall be administered by the Board exclusively for the purposes set forth in this Section. All moneys in the Trust Fund shall be invested and reinvested by the State Treasurer. All interest accruing from these investments shall be deposited in the Trust Fund. The ERIC Operations Trust Fund is not subject to sweeps, administrative charge-backs, or any other fiscal or budgetary maneuver that would in any way transfer any amounts from the ERIC Operations Trust Fund into any other fund of the State.
(Source: P.A. 99-522, eff. 6-30-16.) |
10 ILCS 5/1A-55 (10 ILCS 5/1A-55) (Text of Section from P.A. 100-587 and P.A. 101-2) Sec. 1A-55. Cyber security efforts. The State Board of Elections shall provide by rule, after at least 2 public hearings of the Board and in consultation with the election authorities, a Cyber Navigator Program to support the efforts of election authorities to defend against cyber breaches and detect and recover from cyber attacks. The rules shall include the Board's plan to allocate any resources received in accordance with the Help America Vote Act and provide that no less than half of any such funds received shall be allocated to the Cyber Navigator Program. The Cyber Navigator Program should be designed to provide equal support to all election authorities, with allowable modifications based on need. The remaining half of the Help America Vote Act funds shall be distributed as the State Board of Elections may determine, but no grants may be made to election authorities that do not participate in the Cyber Navigator Program. In distribution of the remaining funds received under the federal Help America Vote Act, the Board may make such funds available to election authorities for the maintenance of secure collection sites for the return of vote by mail ballots.
(Source: P.A. 102-1, eff. 4-2-21.) (Text of Section from P.A. 100-623 and P.A. 101-2) Sec. 1A-55. Cyber security efforts. The Board shall adopt rules, after at least 2 public hearings of the Board and in consultation with election authorities, establishing a cyber navigator program to support election authorities' efforts to defend against cyber breaches and detect and recover from cyber attacks. The rules shall include the Board's plan to allocate any resources received in accordance with the federal Help America Vote Act and provide that no less than half of any funds received under the federal Help America Vote Act shall be allocated to the cyber navigator program. The cyber navigator program shall be designed to provide equal support to all elections authorities with some modifications allowable based on need. The remaining half of the federal Help America Vote Act funds shall be distributed as the Board sees fit, but no grants may be made to election authorities that do not participate in the cyber navigator program managed by the Board. In distribution of the remaining funds received under the federal Help America Vote Act, the Board may make such funds available to election authorities for the maintenance of secure collection sites for the return of vote by mail ballots.
(Source: P.A. 102-1, eff. 4-2-21.) |
10 ILCS 5/1A-60 (10 ILCS 5/1A-60) Sec. 1A-60. High school voter registration. (a) The State Board of Elections shall prepare a one page document explaining the process to register to vote to be disseminated to high school age students. Every high school must provide students with that document, which may be disseminated electronically. (b) No high school may prohibit nonpartisan voter registration activities on its premises. A high school may adopt reasonable regulations restricting nonpartisan voter registration activities.
(Source: P.A. 102-15, eff. 6-17-21.) |
10 ILCS 5/1A-65 (10 ILCS 5/1A-65) Sec. 1A-65. Election authority guidance. 90 days before any election, the State Board of Elections shall provide written guidance to election authorities on: (1) ballot tracking procedures and the proper terminology to be used as part of those procedures; and (2) summarizing requirements for voting, curbside voting, early voting, and vote by mail.
(Source: P.A. 102-15, eff. 6-17-21.) |
10 ILCS 5/Art. 2
(10 ILCS 5/Art. 2 heading)
ARTICLE 2. TIME OF HOLDING ELECTIONS (Repealed) |
10 ILCS 5/Art. 2A
(10 ILCS 5/Art. 2A heading)
ARTICLE 2A.
TIME OF HOLDING ELECTIONS
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10 ILCS 5/2A-1
(10 ILCS 5/2A-1) (from Ch. 46, par. 2A-1)
(Text of Section WITH the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-1.
All Elections - Governed by this Code - Construction of
Article 2A.
(a) No public question may be submitted to any voters in this State, nor
may any person be nominated for public office or elected to public or
political party office in this State except pursuant to this Code,
notwithstanding the provisions of any other statute or municipal charter.
However, this Code shall not apply to elections for officers or public
questions of local school councils established pursuant to Chapter 34 of
the School Code, soil and water conservation districts or drainage
districts, except as specifically made applicable by another statute.
(b) All elections in this State shall be held in accordance with the
consolidated schedule of elections established in Sections 2A-1.1 and
2A-1.2. No election may be held on any date other than a date on which
an election is scheduled under Section 2A-1.1, except special elections
to fill congressional vacancies held pursuant to writs of election
issued by the Governor, judicial elections to fill vacancies in the office of
Supreme Court Judge held pursuant to writs of election issued by the
Governor under subsection (a-5) of Section 2A-9, township referenda and votes
of the town electors
held at the annual town meeting, emergency referenda approved pursuant to
Section 2A-1.4, special elections held between January 1, 1995 and July 1,
1995 under Section 34-53 of the School Code, and city, village or
incorporated town primary elections in
even-numbered years expressly authorized in this Article to provide for
annual partisan elections.
(c) At the respective elections established in Section 2A-1.1,
candidates shall be elected to office, nominated for election thereto or
placed on the ballot as otherwise required by this Code, and public
questions may be submitted, as specified in Section 2A-1.2.
(d) If the requirements of Section 2A-1.2 conflict with any specific
provision of Sections 2A-2 through 2A-54, as applied to any office or
election, the requirements of Section 2A-1.2 prevail, and shall be
enforced by the State Board of Elections.
(e) In the event any court of competent jurisdiction declares an
election void, the court may order another election without regard to
the schedule of elections set forth in this Article.
(Source: P.A. 89-719, eff. 3-7-97 .)
(Text of Section WITHOUT the changes made by P.A. 89-719, which has been
held unconstitutional)
Sec. 2A-1.
All Elections - Governed by this Code - Construction of
Article 2A.
(a) No public question may be submitted to any voters in this State, nor
may any person be nominated for public office or elected to public or
political party office in this State except pursuant to this Code,
notwithstanding the provisions of any other statute or municipal charter.
However, this Code shall not apply to elections for officers or public
questions of local school councils established pursuant to Chapter 34 of
the School Code, soil and water conservation districts or drainage
districts, except as specifically made applicable by another statute.
(b) All elections in this State shall be held in accordance with the
consolidated schedule of elections established in Sections 2A-1.1 and
2A-1.2. No election may be held on any date other than a date on which
an election is scheduled under Section 2A-1.1, except special elections
to fill congressional vacancies held pursuant to writs of election
issued by the Governor, township referenda and votes of the town electors
held at the annual town meeting, emergency referenda approved pursuant to
Section 2A-1.4, special elections held between January 1, 1995 and July 1,
1995 under Section 34-53 of the School Code, and city, village or incorporated
town primary elections in even-numbered years expressly authorized in this
Article to provide for annual partisan elections.
(c) At the respective elections established in Section 2A-1.1,
candidates shall be elected to office, nominated for election thereto or
placed on the ballot as otherwise required by this Code, and public
questions may be submitted, as specified in Section 2A-1.2.
(d) If the requirements of Section 2A-1.2 conflict with any specific
provision of Sections 2A-2 through 2A-54, as applied to any office or
election, the requirements of Section 2A-1.2 prevail, and shall be
enforced by the State Board of Elections.
(e) In the event any court of competent jurisdiction declares an
election void, the court may order another election without regard to
the schedule of elections set forth in this Article.
(Source: P.A. 88-511 .)
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10 ILCS 5/2A-1.1
(10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1)
Sec. 2A-1.1. All elections; consolidated schedule. (a) Except as otherwise provided in this Code, in
even-numbered years, the general election shall be held on the first
Tuesday after the first Monday of November; and an election to be known
as the general primary election shall be held on the third Tuesday in March.
(b) In odd-numbered years, an election to be known as the
consolidated election shall be held on the first Tuesday in April except
as provided in Section 2A-1.1a of this Code; and
an election to be known as the consolidated primary election shall be
held on the last Tuesday in February.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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10 ILCS 5/2A-1.1a
(10 ILCS 5/2A-1.1a) (from Ch. 46, par. 2A-1.1a)
Sec. 2A-1.1a.
Whenever the date designated in paragraph (b) of Section
2A-1.1 for the consolidated election conflicts with the celebration of Passover,
that election shall be postponed to the first Tuesday following the last
day of Passover.
(Source: P.A. 82-1014.)
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10 ILCS 5/2A-1.1b (10 ILCS 5/2A-1.1b) Sec. 2A-1.1b. (Repealed).
(Source: P.A. 102-692, eff. 1-7-22; 102-693, eff. 1-7-22. Repealed internally, eff. 1-1-23.) |
10 ILCS 5/2A-1.1c (10 ILCS 5/2A-1.1c) Sec. 2A-1.1c. (Repealed).
(Source: P.A. 102-15, eff. 6-17-21. Repealed internally, eff. 1-1-23.) |
10 ILCS 5/2A-1.2
(10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2)
Sec. 2A-1.2. Consolidated schedule of elections; offices designated.
(a) At the general election in the appropriate even-numbered years, the
following offices shall be filled or shall be on the ballot as otherwise
required by this Code:
(1) Elector of President and Vice President of the | |
(2) United States Senator and United States
| |
(3) State Executive Branch elected officers.
(4) State Senator and State Representative.
(5) County elected officers, including State's
| | Attorney, County Board member, County Commissioners, and elected President of the County Board or County Chief Executive.
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(6) Circuit Court Clerk.
(7) Regional Superintendent of Schools, except in
| | counties or educational service regions in which that office has been abolished.
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(8) Judges of the Supreme, Appellate and Circuit
| | Courts, on the question of retention, to fill vacancies and newly created judicial offices.
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(9) (Blank).
(10) Trustee of the Metropolitan Water Reclamation
| | District of Greater Chicago, and elected Trustee of other Sanitary Districts.
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(11) Special District elected officers, not otherwise
| | designated in this Section, where the statute creating or authorizing the creation of the district requires an annual election and permits or requires election of candidates of political parties.
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| (12) Beginning with the 2024 general election, the
| | elected members of the Chicago Board of Education; the election of members of the Chicago Board of Education shall be a nonpartisan election as provided for under this Code and may be conducted on a separate ballot.
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(b) At the general primary election:
(1) in each even-numbered year candidates of
| | political parties shall be nominated for those offices to be filled at the general election in that year, except where pursuant to law nomination of candidates of political parties is made by caucus.
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(2) in the appropriate even-numbered years the
| | political party offices of State central committeeperson, township committeeperson, ward committeeperson, and precinct committeeperson shall be filled and delegates and alternate delegates to the National nominating conventions shall be elected as may be required pursuant to this Code. In the even-numbered years in which a Presidential election is to be held, candidates in the Presidential preference primary shall also be on the ballot.
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(3) in each even-numbered year, where the
| | municipality has provided for annual elections to elect municipal officers pursuant to Section 6(f) or Section 7 of Article VII of the Constitution, pursuant to the Illinois Municipal Code or pursuant to the municipal charter, the offices of such municipal officers shall be filled at an election held on the date of the general primary election, provided that the municipal election shall be a nonpartisan election where required by the Illinois Municipal Code. For partisan municipal elections in even-numbered years, a primary to nominate candidates for municipal office to be elected at the general primary election shall be held on the Tuesday 6 weeks preceding that election.
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(4) in each school district which has adopted the
| | provisions of Article 33 of the School Code, successors to the members of the board of education whose terms expire in the year in which the general primary is held shall be elected.
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(c) At the consolidated election in the appropriate odd-numbered years,
the following offices shall be filled:
(1) Municipal officers, provided that in
| | municipalities in which candidates for alderperson or other municipal office are not permitted by law to be candidates of political parties, the runoff election where required by law, or the nonpartisan election where required by law, shall be held on the date of the consolidated election; and provided further, in the case of municipal officers provided for by an ordinance providing the form of government of the municipality pursuant to Section 7 of Article VII of the Constitution, such offices shall be filled by election or by runoff election as may be provided by such ordinance;
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(2) Village and incorporated town library directors;
(3) City boards of stadium commissioners;
(4) Commissioners of park districts;
(5) Trustees of public library districts;
(6) Special District elected officers, not otherwise
| | designated in this Section, where the statute creating or authorizing the creation of the district permits or requires election of candidates of political parties;
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(7) Township officers, including township park
| | commissioners, township library directors, and boards of managers of community buildings, and Multi-Township Assessors;
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(8) Highway commissioners and road district clerks;
(9) Members of school boards in school districts
| | which adopt Article 33 of the School Code;
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(10) The directors and chair of the Chain O Lakes -
| | Fox River Waterway Management Agency;
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(11) Forest preserve district commissioners elected
| | under Section 3.5 of the Downstate Forest Preserve District Act;
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(12) Elected members of school boards, school
| | trustees, directors of boards of school directors, trustees of county boards of school trustees (except in counties or educational service regions having a population of 2,000,000 or more inhabitants) and members of boards of school inspectors, except school boards in school districts that adopt Article 33 of the School Code;
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(13) Members of Community College district boards;
(14) Trustees of Fire Protection Districts;
(15) Commissioners of the Springfield Metropolitan
| | Exposition and Auditorium Authority;
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(16) Elected Trustees of Tuberculosis Sanitarium
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(17) Elected Officers of special districts not
| | otherwise designated in this Section for which the law governing those districts does not permit candidates of political parties.
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(d) At the consolidated primary election in each odd-numbered year,
candidates of political parties shall be nominated for those offices to be
filled at the consolidated election in that year, except where pursuant to
law nomination of candidates of political parties is made by caucus, and
except those offices listed in paragraphs (12) through (17) of subsection
(c).
At the consolidated primary election in the appropriate odd-numbered years,
the mayor, clerk, treasurer, and alderpersons shall be elected in
municipalities in which
candidates for mayor, clerk, treasurer, or alderperson are not permitted by
law to be candidates
of political parties, subject to runoff elections to be held at the
consolidated election as may be required
by law, and municipal officers shall be nominated in a nonpartisan election
in municipalities in which pursuant to law candidates for such office are
not permitted to be candidates of political parties.
At the consolidated primary election in the appropriate odd-numbered years,
municipal officers shall be nominated or elected, or elected subject to
a runoff, as may be provided by an ordinance providing a form of government
of the municipality pursuant to Section 7 of Article VII of the Constitution.
(e) (Blank).
(f) At any election established in Section 2A-1.1, public questions may
be submitted to voters pursuant to this Code and any special election
otherwise required or authorized by law or by court order may be conducted
pursuant to this Code.
Notwithstanding the regular dates for election of officers established
in this Article, whenever a referendum is held for the establishment of
a political subdivision whose officers are to be elected, the initial officers
shall be elected at the election at which such referendum is held if otherwise
so provided by law. In such cases, the election of the initial officers
shall be subject to the referendum.
Notwithstanding the regular dates for election of officials established
in this Article, any community college district which becomes effective by
operation of law pursuant to Section 6-6.1 of the Public Community College
Act, as now or hereafter amended, shall elect the initial district board
members at the next regularly scheduled election following the effective
date of the new district.
(g) At any election established in Section 2A-1.1, if in any precinct
there are no offices or public questions required to be on the ballot under
this Code then no election shall be held in the precinct on that date.
(h) There may be conducted a
referendum in accordance with the provisions of Division 6-4 of the
Counties Code.
(Source: P.A. 102-15, eff. 6-17-21; 102-177, eff. 6-1-22; 102-558, eff. 8-20-21; 102-691, eff. 12-17-21 .)
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10 ILCS 5/2A-1.3
(10 ILCS 5/2A-1.3) (from Ch. 46, par. 2A-1.3)
Sec. 2A-1.3.
Calendar of Elections - Determination and Publication -
State Board. On December 1, 1980 and on December 1 of each even-numbered year
the State Board of Elections shall have prepared and published an official
State calendar of elections listing the elections to be held during that
year and the following year, the election dates, and the offices to be on
the ballot at each such election and any functional dates or other information
relevant to the conduct of elections. The official calendar shall include
all offices in the State.
The official State Calendar shall comply with the schedule of
elections established in this Article 2A. The official calendar may be
amended from time to time by the Board by adoption and publication of
modifications or additions or by adoption and publication of a revised
official calendar.
On December 1, 1981 and each odd-numbered year thereafter the Board shall
have prepared and published
a revised official calendar if any modifications or additions
were made by separate publication after the initial adoption of the
official calendar for that biennium.
(Source: P.A. 81-929 .)
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10 ILCS 5/2A-1.4
(10 ILCS 5/2A-1.4) (from Ch. 46, par. 2A-1.4)
Sec. 2A-1.4.
Emergency Referenda - Petition - Approval.
Whenever any
public question is to be submitted pursuant to law, whether by action of
the governing body of a unit of local government or school district, by
petition, or by court order, the governing body of the unit of local
government or school district whose powers or duties are directly
affected by the result of the vote on the public question may petition
the circuit court for an order declaring such proposition to be an
emergency and fixing a date other than a regularly scheduled election
date under Section 2A-1.1 on which a special referendum election shall
be held for the submission of the public question.
The petition shall set forth the public question and the action taken
which requires the submission of the question, the next regularly
scheduled election under Section 2A-1.1 at which the proposition could
otherwise be placed on the ballot, the estimated costs of conducting a
separate special election, and the reasons why an emergency exists to
justify such special election prior to the next ensuing regular
election. The petition must be approved by a majority of the members,
elected or appointed, of the governing body.
The court shall conduct a hearing on the petition. Any resident of
the area in which the referendum is to be conducted may oppose the
petition.
The court may approve the petition for an emergency referendum only
upon a finding, supported by the evidence, that the referendum is
necessitated by an imminent need for approval of additional authority in
order to maintain the operations or facilities of the unit of government
or school district and that such need is due to circumstances beyond the
control of the governing body.
(Source: P.A. 80-2dSS-6.)
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10 ILCS 5/2A-2
(10 ILCS 5/2A-2) (from Ch. 46, par. 2A-2)
Sec. 2A-2.
Presidential and Vice Presidential Electors - Time of
Election. As many electors of President and Vice President of the United
States as this State may be entitled to elect shall be elected at the
general election, immediately preceding the expiration of the term of
the incumbent President of the United States.
(Source: P.A. 80-936 .)
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10 ILCS 5/2A-3
(10 ILCS 5/2A-3) (from Ch. 46, par. 2A-3)
Sec. 2A-3.
United States Senator - Time of Election.
A United States
Senator shall be elected at the general election immediately preceding
the expiration of the term of an incumbent United States Senator from
this State.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-4
(10 ILCS 5/2A-4) (from Ch. 46, par. 2A-4)
Sec. 2A-4.
United States Representative - Time of Election.
The
Representatives in the United States Congress from this State shall be
elected at each general election, and vacancies shall be filled at
special elections pursuant to writs of election issued by the Governor.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-5
(10 ILCS 5/2A-5) (from Ch. 46, par. 2A-5)
Sec. 2A-5.
Governor, Lieutenant Governor, Attorney General,
Secretary of State, Comptroller - Time of Election. The Governor,
Lieutenant Governor, Attorney General, Secretary of State and
Comptroller shall be elected at the general election in 1978 and at the
general election every 4 years thereafter.
(Source: P.A. 80-936 .)
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10 ILCS 5/2A-6
(10 ILCS 5/2A-6) (from Ch. 46, par. 2A-6)
Sec. 2A-6.
State Treasurer - Time of Election.
The State Treasurer
shall be elected at the general election in 1978 and at the general
election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-7
(10 ILCS 5/2A-7) (from Ch. 46, par. 2A-7)
Sec. 2A-7.
State Senator - Time of Election.
A State Senator shall
be elected in a legislative district at the general election which
immediately precedes the expiration of the term of that district's
incumbent Senator.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-8
(10 ILCS 5/2A-8) (from Ch. 46, par. 2A-8)
Sec. 2A-8.
State Representative - Time of Election.
Members of the
State House of Representatives shall be elected at the general election
in 1978 and at each general election every 2 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-9 (10 ILCS 5/2A-9) (from Ch. 46, par. 2A-9) Sec. 2A-9. Supreme, Appellate and Circuit Judges. (a) If one of the following events occurs 134 or more days before a general primary election at which judges are to be nominated, the term of an incumbent judge will expire on the first Monday in December of the next even-numbered year: (1) the judge dies; (2) the Chief Justice receives a written resignation | | or notice of retirement, signed and submitted by the judge, which specifies a date of resignation or retirement on or before the first Monday in December of the next even-numbered year;
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| (3) a statute mandates the judge's retirement for
| | reason of age on or before the first Monday in December of the next even-numbered year;
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| (4) the judge was eligible to seek retention in the
| | next general election but failed to timely file a declaration of candidacy to succeed himself or, having timely filed such declaration, withdrew it;
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| (5) the judge is convicted of a felony or other
| | (6) the judge is removed from office.
If one of the preceding events occurs less than 134 days before a primary election at which judges are to be nominated, the term of an incumbent judge will expire on the first Monday in December following the second general election thereafter.
(b) Judges of the Appellate and Circuit Courts shall be elected in their respective districts or circuits at the general election of each even-numbered year immediately preceding the expiration of the term of each incumbent judge, not retained, and shall enter upon the duties of their offices on the first Monday of December after their election.
(c) Whenever an additional appellate or Circuit Judge is authorized by law, the office shall be filled in the manner provided for filling a vacancy in that office.
(Source: P.A. 103-600, eff. 7-1-24.)
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10 ILCS 5/2A-10
(10 ILCS 5/2A-10) (from Ch. 46, par. 2A-10)
Sec. 2A-10.
Assessor - Board of Appeals.
In each county which elects
a County Assessor and a Board of Appeals, the County Assessor and the
Board of Appeals shall be elected at the general election in 1978 and at
the general election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-10.1
(10 ILCS 5/2A-10.1) (from Ch. 46, par. 2A-10.1)
Sec. 2A-10.1.
Supervisor of Assessments.
In each county of less than
3,000,000 inhabitants having an elected supervisor of assessments, the
supervisor of assessments shall be elected at a general election and shall
serve for a term of 4 years.
(Source: P.A. 84-837.)
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10 ILCS 5/2A-11
(10 ILCS 5/2A-11) (from Ch. 46, par. 2A-11)
Sec. 2A-11.
Board of Assessors - Time of Election.
A member of the
Board of Assessors in each county which elects members of a Board of
Assessors shall be elected at each general election to succeed each
incumbent member whose term expires before the following general
election.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-12
(10 ILCS 5/2A-12) (from Ch. 46, par. 2A-12)
Sec. 2A-12.
Board of Review - Time of Election.
A member of the
Board of Review in any county which elects members of a Board of Review
shall be elected, at each general election which immediately precedes
the expiration of the term of any incumbent member, to succeed each
member whose term ends before the following general election, except that
members of the Cook County Board of Review shall be elected as provided in
subsection (c) of Section 5-5 of the Property Tax Code.
(Source: P.A. 93-574, eff. 8-21-03.)
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10 ILCS 5/2A-13
(10 ILCS 5/2A-13) (from Ch. 46, par. 2A-13)
Sec. 2A-13.
Recorder of Deeds - Time of Election.
In each county
which elects a recorder, a recorder shall be elected
at the general election in 1980 and at the general election every 4
years thereafter.
(Source: P.A. 83-358.)
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10 ILCS 5/2A-14
(10 ILCS 5/2A-14) (from Ch. 46, par. 2A-14)
Sec. 2A-14.
County Auditor - Time of Election.
The County Auditor of
each county which elects a County Auditor shall be elected at the
general election in 1980 and at the general election every 4 years
thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-15
(10 ILCS 5/2A-15) (from Ch. 46, par. 2A-15)
Sec. 2A-15.
Circuit Clerk - Time of Election.
The Clerk of the
Circuit Court in each county shall be elected at the general election in
1980 and at the general election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-16
(10 ILCS 5/2A-16) (from Ch. 46, par. 2A-16)
Sec. 2A-16.
County Clerk - Time of Election.
The County Clerk of
each county shall be elected at the general election in 1978 and at the
general election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-17
(10 ILCS 5/2A-17) (from Ch. 46, par. 2A-17)
Sec. 2A-17.
Sheriff - Time of Election.
The Sheriff of each county
shall be elected at the general election in 1978 and at the general
election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-18
(10 ILCS 5/2A-18) (from Ch. 46, par. 2A-18)
Sec. 2A-18.
Coroner - Time of Election.
In each county which elects a Coroner, the Coroner shall be elected at the
general election in 1980 and at the general election every 4 years thereafter.
(Source: P.A. 80-936.)
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10 ILCS 5/2A-19
(10 ILCS 5/2A-19) (from Ch. 46, par. 2A-19)
Sec. 2A-19.
County Treasurer - Time of Election.
County Treasurers
shall be elected at the general election in 1978 and at the general
election every 4 years thereafter.
(Source: P.A. 80-416; 80-936; 80-1364.)
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10 ILCS 5/2A-20
(10 ILCS 5/2A-20) (from Ch. 46, par. 2A-20)
Sec. 2A-20.
Regional Superintendent of Schools - Time of Election.
Except in counties or educational service regions in which that office has
been abolished, the Regional Superintendents of Schools shall be elected at the
general election in 1978 and at the general election every 4 years thereafter.
(Source: P.A. 87-654; 88-89.)
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10 ILCS 5/2A-21
(10 ILCS 5/2A-21) (from Ch. 46, par. 2A-21)
Sec. 2A-21.
State's Attorney - Time of Election.
State's Attorneys
shall be elected at the general election in 1980 and at the general
election every 4 years thereafter.
(Source: P.A. 80-936.)
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