| ||||
Public Act 103-0600 | ||||
| ||||
AN ACT concerning government. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
ARTICLE 5. | ||||
Section 5-1. Short title. This Act may be cited as the | ||||
Uniform Faithful Presidential Electors Act. As used in this | ||||
Article, "this Act" refers to this Article. | ||||
Section 5-5. Definitions. As used in this Act: | ||||
"Cast" means accepted by the Secretary of State in | ||||
accordance with subsection (b) of Section 5-30. | ||||
"Elector" means an individual selected as a presidential | ||||
elector under Article 21 of the Election Code and this Act. | ||||
"President" means the President of the United States. | ||||
"Unaffiliated presidential candidate" means a candidate | ||||
for President who qualifies for the general election ballot in | ||||
this State by means other than nomination by a political | ||||
party. | ||||
"Vice President" means the Vice President of the United | ||||
States. | ||||
Section 5-10. Designation of State's electors. For each | ||||
elector position in this State, a political party contesting |
the position, or an unaffiliated presidential candidate, shall | ||
submit to the Secretary of State the names of 2 qualified | ||
individuals in accordance with Article 21 of the Election | ||
Code. One of the individuals must be designated "elector | ||
nominee" and the other "alternate elector nominee". Except as | ||
otherwise provided in Sections 5-20 through 5-35, this State's | ||
electors are the winning elector nominees under the laws of | ||
this State. | ||
Section 5-15. Pledge. Each elector nominee and alternate | ||
elector nominee of a political party shall execute the | ||
following pledge: "If selected for the position of elector, I | ||
agree to serve and to mark my ballots for President and Vice | ||
President for the nominees for those offices of the party that | ||
nominated me.". Each elector nominee and alternate elector | ||
nominee of an unaffiliated presidential candidate shall | ||
execute the following pledge: "If selected for the position of | ||
elector as a nominee of an unaffiliated presidential | ||
candidate, I agree to serve and to mark my ballots for that | ||
candidate and for that candidate's vice-presidential running | ||
mate.". The executed pledges must accompany the submission of | ||
the corresponding names to the Secretary of State. | ||
Section 5-20. Certification of electors. In submitting | ||
this State's certificate of ascertainment as required by 3 | ||
U.S.C. 6, the Governor shall certify this State's electors and |
state in the certificate that: | ||
(1) the electors will serve as electors unless a | ||
vacancy occurs in the office of elector before the end of | ||
the meeting at which elector votes are cast, in which case | ||
an alternate elector will fill the vacancy; and | ||
(2) if an alternate elector is appointed to fill a | ||
vacancy, the Governor will submit an amended certificate | ||
of ascertainment stating the names on the final list of | ||
this State's electors. | ||
Section 5-25. Presiding officer; elector vacancy. | ||
(a) The Secretary of State shall preside at the meeting of | ||
electors described in Section 5-30. | ||
(b) The position of an elector not present to vote is | ||
vacant. The Secretary of State shall appoint an individual as | ||
an alternate elector to fill a vacancy as follows: | ||
(1) if the alternate elector is present to vote, by | ||
appointing the alternate elector for the vacant position; | ||
(2) if the alternate elector for the vacant position | ||
is not present to vote, by appointing an elector chosen by | ||
lot from among the alternate electors present to vote who | ||
were nominated by the same political party or unaffiliated | ||
presidential candidate; | ||
(3) if the number of alternate electors present to | ||
vote is insufficient to fill any vacant position pursuant | ||
to paragraphs (1) and (2), by appointing any immediately |
available individual who is qualified to serve as an | ||
elector and chosen through nomination by and plurality | ||
vote of the remaining electors, including nomination and | ||
vote by a single elector if only one remains; | ||
(4) if there is a tie between at least 2 nominees for | ||
alternate elector in a vote conducted under paragraph (3), | ||
by appointing an elector chosen by lot from among those | ||
nominees; or | ||
(5) if all elector positions are vacant and cannot be | ||
filled pursuant to paragraphs (1) through (4), by | ||
appointing a single presidential elector, with remaining | ||
vacant positions to be filled under paragraph (3) and, if | ||
necessary, paragraph (4). | ||
(c) To qualify as an alternate elector under subsection | ||
(b) of this Section, an individual who has not executed the | ||
pledge required under Section 5-15 shall execute the following | ||
pledge: "I agree to serve and to mark my ballots for President | ||
and Vice President consistent with the pledge of the | ||
individual to whose elector position I have succeeded.". | ||
Section 5-30. Elector voting. | ||
(a) At the time designated for elector voting and after | ||
all vacant positions have been filled under Section 5-25, the | ||
Secretary of State shall provide each elector with a | ||
presidential and a vice-presidential ballot. The elector shall | ||
mark the elector's presidential and vice-presidential ballots |
with the elector's votes for the offices of President and Vice | ||
President, respectively, along with the elector's signature | ||
and the elector's legibly printed name. | ||
(b) Except as otherwise provided by law of this State | ||
other than this Act, each elector shall present both completed | ||
ballots to the Secretary of State, who shall examine the | ||
ballots and accept as cast all ballots of electors whose votes | ||
are consistent with their pledges executed under Section 5-15 | ||
or subsection (c) of Section 5-25. Except as otherwise | ||
provided by law of this State other than this Act, the | ||
Secretary of State may not accept and may not count either an | ||
elector's presidential or vice-presidential ballot if the | ||
elector has not marked both ballots or has marked a ballot in | ||
violation of the elector's pledge. | ||
(c) An elector who refuses to present a ballot, presents | ||
an unmarked ballot, or presents a ballot marked in violation | ||
of the elector's pledge executed under Section 5-15 or | ||
subsection (c) of Section 5-25 vacates the office of elector, | ||
creating a vacant position to be filled under Section 5-25. | ||
(d) The Secretary of State shall distribute ballots to and | ||
collect ballots from an alternate elector and repeat the | ||
process under this Section of examining ballots, declaring and | ||
filling vacant positions as required, and recording | ||
appropriately completed ballots from the alternate electors, | ||
until all of this State's electoral votes have been cast and | ||
recorded. |
Section 5-35. Elector replacement; associated | ||
certificates. | ||
(a) After the vote of this State's electors is completed, | ||
if the final list of electors differs from any list that the | ||
Governor previously included on a certificate of ascertainment | ||
prepared and transmitted under 3 U.S.C. 6, the Secretary of | ||
State immediately shall prepare an amended certificate of | ||
ascertainment and transmit it to the Governor for the | ||
Governor's signature. | ||
(b) The Governor immediately shall deliver the signed | ||
amended certificate of ascertainment to the Secretary of State | ||
and a signed duplicate original of the amended certificate of | ||
ascertainment to all individuals entitled to receive this | ||
State's certificate of ascertainment, indicating that the | ||
amended certificate of ascertainment is to be substituted for | ||
the certificate of ascertainment previously submitted. | ||
(c) The Secretary of State shall prepare a certificate of | ||
vote. The electors on the final list shall sign the | ||
certificate of vote. The Secretary of State shall process and | ||
transmit the signed certificate of vote with the amended | ||
certificate of ascertainment under 3 U.S.C. Sections 9, 10, | ||
and 11. | ||
Section 5-40. Uniformity of application and construction. | ||
In applying and construing this uniform Act, consideration |
must be given to the need to promote uniformity of the law with | ||
respect to its subject matter among states that enact it. | ||
Section 5-90. The Election Code is amended by changing | ||
Sections 21-1, 21-2, 21-3, and 21-4 as follows: | ||
(10 ILCS 5/21-1) (from Ch. 46, par. 21-1) | ||
Sec. 21-1. Choosing and election of electors of President | ||
and Vice-President of the United States shall be in the | ||
following manner: | ||
(a) In each year in which a President and Vice-President | ||
of the United States are chosen, each political party or group | ||
in this State shall choose by its State Convention or State | ||
central committee electors and alternate electors of President | ||
and Vice-President of the United States and such State | ||
Convention or State central committee of such party or group | ||
shall also choose electors at large and alternate electors at | ||
large , if any are to be appointed for this State and such State | ||
Convention or State central committee of such party or group | ||
shall by its chair and secretary certify the total list of such | ||
electors and alternate electors together with electors at | ||
large and alternate electors at large so chosen to the State | ||
Board of Elections. | ||
The filing of such certificate with the Board, of such | ||
choosing of electors and alternate electors shall be deemed | ||
and taken to be the choosing and selection of the electors and |
alternate electors of this State, if such party or group is | ||
successful at the polls as herein provided in choosing their | ||
candidates for President and Vice-President of the United | ||
States. | ||
(b) The names of the candidates of the several political | ||
parties or groups for electors and alternate electors of | ||
President and Vice-President shall not be printed on the | ||
official ballot to be voted in the election to be held on the | ||
day in this Act above named. In lieu of the names of the | ||
candidates for such electors and alternate electors of | ||
President and Vice-President, immediately under the | ||
appellation of party name of a party or group in the column of | ||
its candidates on the official ballot, to be voted at said | ||
election first above named in subsection (1) of Section 2A-1.2 | ||
and Section 2A-2, there shall be printed within a bracket the | ||
name of the candidate for President and the name of the | ||
candidate for Vice-President of such party or group with a | ||
square to the left of such bracket. Each voter in this State | ||
from the several lists or sets of electors and alternate | ||
electors so chosen and selected by the said respective | ||
political parties or groups, may choose and elect one of such | ||
lists or sets of electors and alternate electors by placing a | ||
cross in the square to the left of the bracket aforesaid of one | ||
of such parties or groups. Placing a cross within the square | ||
before the bracket enclosing the names of President and | ||
Vice-President shall not be deemed and taken as a direct vote |
for such candidates for President and Vice-President, or | ||
either of them, but shall only be deemed and taken to be a vote | ||
for the entire list or set of electors and alternate electors | ||
chosen by that political party or group so certified to the | ||
State Board of Elections as herein provided. Voting by means | ||
of placing a cross in the appropriate place preceding the | ||
appellation or title of the particular political party or | ||
group, shall not be deemed or taken as a direct vote for the | ||
candidates for President and Vice-President, or either of | ||
them, but instead to the Presidential vote, as a vote for the | ||
entire list or set of electors and alternate electors chosen | ||
by that political party or group so certified to the State | ||
Board of Elections as herein provided. | ||
(c) Such certification by the respective political parties | ||
or groups in this State of electors and alternate electors of | ||
President and Vice-President shall be made to the State Board | ||
of Elections within 2 days after such State convention or | ||
meeting of the State central committee in which the electors | ||
and alternate electors were chosen. | ||
(d) Should more than one certificate of choice and | ||
selection of electors and alternate electors of the same | ||
political party or group be filed by contesting conventions or | ||
contesting groups, it shall be the duty of the State Board of | ||
Elections within 10 days after the adjournment of the last of | ||
such conventions to meet and determine which set of nominees | ||
for electors and alternate electors of such party or group was |
chosen and selected by the authorized convention of such party | ||
or group. The Board, after notice to the chair and secretaries | ||
or managers of the conventions or groups and after a hearing | ||
shall determine which set of electors and alternate electors | ||
was so chosen by the authorized convention and shall so | ||
announce and publish the fact, and such decision shall be | ||
final and the set of electors and alternate electors so | ||
determined upon by the electoral board to be so chosen shall be | ||
the list or set of electors and alternate electors to be deemed | ||
elected if that party shall be successful at the polls, as | ||
herein provided. | ||
(e) Should a vacancy occur in the choice of an elector in a | ||
congressional district, such vacancy may be filled by the | ||
executive committee of the party or group for such | ||
congressional district, to be certified by such committee to | ||
the State Board of Elections. Should a vacancy occur in the | ||
office of elector at large , such vacancy shall be filled in | ||
accordance with Section 25 of the Uniform Faithful | ||
Presidential Electors Act. by the State committee of such | ||
political party or group, and certified by it to the State | ||
Board of Elections. | ||
(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19 .) | ||
(10 ILCS 5/21-2) (from Ch. 46, par. 21-2) | ||
Sec. 21-2. The county clerks of the several counties | ||
shall, within 21 days next after holding the election named in |
subsection (1) of Section 2A-1.2 and Section 2A-2, make 2 | ||
copies of the abstract of the votes cast for electors and | ||
alternate electors by each political party or group, as | ||
indicated by the voter, as aforesaid, by a cross in the square | ||
to the left of the bracket aforesaid, or as indicated by a | ||
cross in the appropriate place preceding the appellation or | ||
title of the particular political party or group, and transmit | ||
by mail one of the copies to the office of the State Board of | ||
Elections and retain the other in his office, to be sent for by | ||
the electoral board in case the other should be mislaid. | ||
Within 31 days after the holding of such election, and sooner | ||
if all the returns are received by the State Board of | ||
Elections, the State Board of Elections shall proceed to open | ||
and canvass said election returns and to declare which set of | ||
candidates for President and Vice-President received, as | ||
aforesaid, the highest number of votes cast at such election | ||
as aforesaid; and the electors and alternate electors of that | ||
party whose candidates for President and Vice-President | ||
received the highest number of votes so cast shall be taken and | ||
deemed to be elected as electors and alternate electors of | ||
President and Vice-President, but should 2 or more sets of | ||
candidates for President and Vice-President be returned with | ||
an equal and the highest vote, the State Board of Elections | ||
shall cause a notice of the same to be published, which notice | ||
shall name some day and place, not less than 5 days from the | ||
time of such publication of such notice, upon which the State |
Board of Elections will decide by lot which of the sets of | ||
candidates for President and Vice-President so equal and | ||
highest shall be declared to be highest. And upon the day and | ||
at the place so appointed in the notice, the board shall so | ||
decide by lot and declare which is deemed highest of the sets | ||
of candidates for President and Vice-President so equal and | ||
highest, thereby determining only that the electors and | ||
alternate electors chosen as aforesaid by such candidates' | ||
party or group are thereby elected by general ticket to be such | ||
electors and alternate electors . | ||
(Source: P.A. 100-863, eff. 8-14-18.) | ||
(10 ILCS 5/21-3) (from Ch. 46, par. 21-3) | ||
Sec. 21-3. Within five days after the votes shall have | ||
been canvassed and the results declared or the result declared | ||
by lot as provided for in Section 21-2 above, the Governor | ||
shall cause the result of said election to be published, and | ||
shall proclaim the persons electors and alternate electors of | ||
President and Vice-President so chosen composing the list so | ||
elected, by transmitting by mail to the several persons so | ||
chosen and composing the list or set elected, electors of | ||
President and Vice-President certificates in triplicate, under | ||
the Seal of State of their appointment, and shall also | ||
transmit under the Seal of State to the Secretary of State of | ||
the United States the certificate of the election of said | ||
electors and alternate electors as required by the laws of |
Congress. | ||
(Source: Laws 1943, vol. 2, p. 1.) | ||
(10 ILCS 5/21-4) (from Ch. 46, par. 21-4) | ||
Sec. 21-4. Presidential electors; meeting; allowance. The | ||
electors and alternate electors , elected under this Article, | ||
shall meet at the office of the Secretary of State in a room to | ||
be designated by the Secretary in the Capitol at Springfield | ||
in this State, at the time appointed by the laws of the United | ||
States at the hour of ten o'clock in the forenoon of that day, | ||
and give their votes for President and for Vice-President of | ||
the United States, in the manner provided by the Uniform | ||
Faithful Presidential Electors Act in this Article , and | ||
perform such duties as are or may be required by law. Each | ||
elector and alternate elector shall receive an allowance for | ||
food and lodging equal to the amount per day permitted to be | ||
deducted for such expenses under the Internal Revenue Code, | ||
plus a mileage allowance at the rate in effect under | ||
regulations promulgated pursuant to 5 U.S.C. 5707(b)(2) for | ||
the number of highway miles necessarily and conveniently | ||
traveled, for going to the seat of government to give his or | ||
her vote and returning to his or her residence and otherwise | ||
performing the official duties of an elector and alternate | ||
elector , to be paid on the warrant of the State Comptroller, | ||
out of any money in the treasury not otherwise appropriated, | ||
and any person appointed by the electors assembled to fill a |
vacancy shall also receive the allowances provided for | ||
electors appointed. However, an elector who refuses to present | ||
a ballot, presents an unmarked ballot, or presents a ballot | ||
marked in violation of the elector's pledge in the Uniform | ||
Faithful Presidential Electors Act may not receive an | ||
allowance for food and lodging. | ||
(Source: P.A. 92-359, eff. 1-1-02.) | ||
(10 ILCS 5/21-5 rep.) | ||
Section 5-95. The Election Code is amended by repealing | ||
Section 21-5. | ||
ARTICLE 10. | ||
Section 10-5. The Election Code is amended by changing | ||
Sections 1-4, 1A-25, 1A-45, 2A-9, 7-5, 7-12, 8-9, 9-8.5, 9-11, | ||
9-23.5, 9-35, 9-50, 10-6, 10-6.1, 10-10.1, 13-6.1, 14-5.1, | ||
19-12.2, 19A-21, 25-3, 28-8, 29B-10, 29B-15, and 29B-20 as | ||
follows: | ||
(10 ILCS 5/1-4) (from Ch. 46, par. 1-4) | ||
Sec. 1-4. (a) In any case in which this Act prescribes a | ||
period of time within which petitions for nomination must be | ||
filed, the office in which petitions must be filed shall | ||
remain open for the receipt of such petitions until 5:00 P.M. | ||
on the last day of the filing period. |
(b) (Blank). For the 2013 consolidated election period, an | ||
election authority or local election official shall accept | ||
until 104 days before the election at which candidates are to | ||
be on the ballot any petitions for nomination or certificate | ||
of nomination required by this Code to be filed no earlier than | ||
113 and no later than 106 days before the consolidated | ||
election. Notwithstanding any other provision of this Code, | ||
for purposes of this subsection (b) only, signatures and | ||
circulator statements on petitions for nomination filed with | ||
an election authority or local election official on the final | ||
day for filing petitions for nomination shall not be deemed | ||
invalid for the sole reason that the petitions were circulated | ||
between 90 and 92 days before the last day for filing | ||
petitions. | ||
(Source: P.A. 97-1134, eff. 12-3-12.) | ||
(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. | ||
(3) The centralized statewide voter registration list | ||
shall: | ||
(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. | ||
(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. | ||
(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. | ||
(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. | ||
(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. |
(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. | ||
(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. | ||
(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. | ||
(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.) | ||
(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 , the Department of | ||
Human Services, the Department of Healthcare and Family | ||
Services, the Department on Aging, and the Department of | ||
Employment Security databases (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). The State Board of Elections and the | ||
Department of Human Services, the Department of Healthcare and | ||
Family Services, the Department on Aging, and the Department | ||
of Employment Security shall enter into an agreement to |
require each department to provide the State Board of | ||
Elections with any information necessary to transmit member | ||
data under the Electronic Registration Information Center | ||
Membership Agreement. The director or secretary, as | ||
applicable, of each agency shall deliver this information on | ||
an annual basis to the State Board of Elections pursuant to the | ||
agreement between the entities. | ||
(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. | ||
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)." | ||
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.) | ||
(10 ILCS 5/2A-9) (from Ch. 46, par. 2A-9) | ||
(Text of Section WITHOUT the changes made by P.A. 89-719, | ||
which has been held unconstitutional) | ||
Sec. 2A-9. Supreme, Appellate and Circuit Judges. | ||
(a) If one of the following events occurs 134 92 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; | ||
(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; | ||
(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; | ||
(5) the judge is convicted of a felony or other | ||
infamous crime; | ||
(6) the judge is removed from office. | ||
If one of the preceding events occurs less than 134 92 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. 86-1348 .) | ||
(10 ILCS 5/7-5) (from Ch. 46, par. 7-5) | ||
Sec. 7-5. (a) Primary elections shall be held on the dates | ||
prescribed in Article 2A. | ||
(b) Notwithstanding the provisions of any other statute, | ||
no primary shall be held for an established political party in | ||
any township, municipality, or ward thereof, where the | ||
nomination of such party for every office to be voted upon by | ||
the electors of such township, municipality, or ward thereof, | ||
is uncontested. Whenever a political party's nomination of | ||
candidates is uncontested as to one or more, but not all, of | ||
the offices to be voted upon by the electors of a township, | ||
municipality, or ward thereof, then a primary shall be held | ||
for that party in such township, municipality, or ward | ||
thereof; provided that the primary ballot shall not include | ||
those offices within such township, municipality, or ward | ||
thereof, for which the nomination is uncontested. For purposes | ||
of this Article, the nomination of an established political | ||
party of a candidate for election to an office shall be deemed | ||
to be uncontested where not more than the number of persons to |
be nominated have timely filed valid nomination papers seeking | ||
the nomination of such party for election to such office. | ||
(c) Notwithstanding the provisions of any other statute, | ||
no primary election shall be held for an established political | ||
party for any special primary election called for the purpose | ||
of filling a vacancy in the office of representative in the | ||
United States Congress where the nomination of such political | ||
party for said office is uncontested. For the purposes of this | ||
Article, the nomination of an established political party of a | ||
candidate for election to said office shall be deemed to be | ||
uncontested where not more than the number of persons to be | ||
nominated have timely filed valid nomination papers seeking | ||
the nomination of such established party for election to said | ||
office. This subsection (c) shall not apply if such primary | ||
election is conducted on a regularly scheduled election day. | ||
(d) Notwithstanding the provisions in subsection (b) and | ||
(c) of this Section , whenever a person who has not timely filed | ||
valid nomination papers and who intends to become a write-in | ||
candidate for a political party's nomination for any office | ||
for which the nomination is uncontested files a written | ||
statement or notice of that intent with the State Board of | ||
Elections or the local election official where the candidate | ||
is seeking to appear on the ballot with whom nomination papers | ||
for such office are filed , a primary ballot shall be prepared | ||
and a primary shall be held for that office. Such statement or | ||
notice shall be filed on or before the date established in this |
Article for certifying candidates for the primary ballot. Such | ||
statement or notice shall contain (i) the name and address of | ||
the person intending to become a write-in candidate, (ii) a | ||
statement that the person is a qualified primary elector of | ||
the political party from whom the nomination is sought, (iii) | ||
a statement that the person intends to become a write-in | ||
candidate for the party's nomination, and (iv) the office the | ||
person is seeking as a write-in candidate. An election | ||
authority shall have no duty to conduct a primary and prepare a | ||
primary ballot for any office for which the nomination is | ||
uncontested, unless a statement or notice meeting the | ||
requirements of this Section is filed in a timely manner. | ||
(e) The polls shall be open from 6:00 a.m. to 7:00 p.m. | ||
(Source: P.A. 86-873.) | ||
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12) | ||
Sec. 7-12. All petitions for nomination shall be filed by | ||
mail or in person as follows: | ||
(1) Except as otherwise provided in this Code, where | ||
the nomination is to be made for a State, congressional, | ||
or judicial office, or for any office a nomination for | ||
which is made for a territorial division or district which | ||
comprises more than one county or is partly in one county | ||
and partly in another county or counties (including the | ||
Fox Metro Water Reclamation District), then, except as | ||
otherwise provided in this Section, such petition for |
nomination shall be filed in the principal office of the | ||
State Board of Elections not more than 141 and not less | ||
than 134 days prior to the date of the primary, but, in the | ||
case of petitions for nomination to fill a vacancy by | ||
special election in the office of representative in | ||
Congress from this State, such petition for nomination | ||
shall be filed in the principal office of the State Board | ||
of Elections not more than 85 113 days and not less than 82 | ||
110 days prior to the date of the primary. | ||
Where a vacancy occurs in the office of Supreme, | ||
Appellate or Circuit Court Judge within the 3-week period | ||
preceding the 134th day before a general primary election, | ||
petitions for nomination for the office in which the | ||
vacancy has occurred shall be filed in the principal | ||
office of the State Board of Elections not more than 120 | ||
nor less than 113 days prior to the date of the general | ||
primary election. | ||
Where the nomination is to be made for delegates or | ||
alternate delegates to a national nominating convention, | ||
then such petition for nomination shall be filed in the | ||
principal office of the State Board of Elections not more | ||
than 141 and not less than 134 days prior to the date of | ||
the primary; provided, however, that if the rules or | ||
policies of a national political party conflict with such | ||
requirements for filing petitions for nomination for | ||
delegates or alternate delegates to a national nominating |
convention, the chair of the State central committee of | ||
such national political party shall notify the Board in | ||
writing, citing by reference the rules or policies of the | ||
national political party in conflict, and in such case the | ||
Board shall direct such petitions to be filed in | ||
accordance with the delegate selection plan adopted by the | ||
state central committee of such national political party. | ||
(2) Where the nomination is to be made for a county | ||
office or trustee of a sanitary district then such | ||
petition shall be filed in the office of the county clerk | ||
not more than 141 nor less than 134 days prior to the date | ||
of the primary. | ||
(3) Where the nomination is to be made for a municipal | ||
or township office, such petitions for nomination shall be | ||
filed in the office of the local election official, not | ||
more than 127 nor less than 120 days prior to the date of | ||
the primary; provided, where a municipality's or | ||
township's boundaries are coextensive with or are entirely | ||
within the jurisdiction of a municipal board of election | ||
commissioners, the petitions shall be filed in the office | ||
of such board; and provided, that petitions for the office | ||
of multi-township assessor shall be filed with the | ||
election authority. | ||
(4) The petitions of candidates for State central | ||
committeeperson shall be filed in the principal office of | ||
the State Board of Elections not more than 141 nor less |
than 134 days prior to the date of the primary. | ||
(5) Petitions of candidates for precinct, township or | ||
ward committeepersons shall be filed in the office of the | ||
county clerk not more than 141 nor less than 134 days prior | ||
to the date of the primary. | ||
(6) The State Board of Elections and the various | ||
election authorities and local election officials with | ||
whom such petitions for nominations are filed shall | ||
specify the place where filings shall be made and upon | ||
receipt shall endorse thereon the day and hour on which | ||
each petition was filed. All petitions filed by persons | ||
waiting in line as of 8:00 a.m. on the first day for | ||
filing, or as of the normal opening hour of the office | ||
involved on such day, shall be deemed filed as of 8:00 a.m. | ||
or the normal opening hour, as the case may be. Petitions | ||
filed by mail and received after midnight of the first day | ||
for filing and in the first mail delivery or pickup of that | ||
day shall be deemed as filed as of 8:00 a.m. of that day or | ||
as of the normal opening hour of such day, as the case may | ||
be. All petitions received thereafter shall be deemed as | ||
filed in the order of actual receipt. However, 2 or more | ||
petitions filed within the last hour of the filing | ||
deadline shall be deemed filed simultaneously. Where 2 or | ||
more petitions are received simultaneously, the State | ||
Board of Elections or the various election authorities or | ||
local election officials with whom such petitions are |
filed shall break ties and determine the order of filing, | ||
by means of a lottery or other fair and impartial method of | ||
random selection approved by the State Board of Elections. | ||
Such lottery shall be conducted within 9 days following | ||
the last day for petition filing and shall be open to the | ||
public. Seven days written notice of the time and place of | ||
conducting such random selection shall be given by the | ||
State Board of Elections to the chair of the State central | ||
committee of each established political party, and by each | ||
election authority or local election official, to the | ||
County Chair of each established political party, and to | ||
each organization of citizens within the election | ||
jurisdiction which was entitled, under this Article, at | ||
the next preceding election, to have pollwatchers present | ||
on the day of election. The State Board of Elections, | ||
election authority or local election official shall post | ||
in a conspicuous, open and public place, at the entrance | ||
of the office, notice of the time and place of such | ||
lottery. The State Board of Elections shall adopt rules | ||
and regulations governing the procedures for the conduct | ||
of such lottery. All candidates shall be certified in the | ||
order in which their petitions have been filed. Where | ||
candidates have filed simultaneously, they shall be | ||
certified in the order determined by lot and prior to | ||
candidates who filed for the same office at a later time. | ||
(7) The State Board of Elections or the appropriate |
election authority or local election official with whom | ||
such a petition for nomination is filed shall notify the | ||
person for whom a petition for nomination has been filed | ||
of the obligation to file statements of organization, | ||
reports of campaign contributions, and quarterly annual | ||
reports of campaign contributions and expenditures under | ||
Article 9 of this Code. Such notice shall be given in the | ||
manner prescribed by paragraph (7) of Section 9-16 of this | ||
Code. | ||
(8) Nomination papers filed under this Section are not | ||
valid if the candidate named therein fails to file a | ||
statement of economic interests as required by the | ||
Illinois Governmental Ethics Act in relation to his | ||
candidacy with the appropriate officer by the end of the | ||
period for the filing of nomination papers unless he has | ||
filed a statement of economic interests in relation to the | ||
same governmental unit with that officer within a year | ||
preceding the date on which such nomination papers were | ||
filed. If the nomination papers of any candidate and the | ||
statement of economic interests of that candidate are not | ||
required to be filed with the same officer, the candidate | ||
must file with the officer with whom the nomination papers | ||
are filed a receipt from the officer with whom the | ||
statement of economic interests is filed showing the date | ||
on which such statement was filed. Such receipt shall be | ||
so filed not later than the last day on which nomination |
papers may be filed. | ||
(9) Except as otherwise provided in this Code, any | ||
person for whom a petition for nomination, or for | ||
committeeperson or for delegate or alternate delegate to a | ||
national nominating convention has been filed may cause | ||
his name to be withdrawn by request in writing, signed by | ||
him and duly acknowledged before an officer qualified to | ||
take acknowledgments of deeds, and filed in the principal | ||
or permanent branch office of the State Board of Elections | ||
or with the appropriate election authority or local | ||
election official, not later than the date of | ||
certification of candidates for the consolidated primary | ||
or general primary ballot. No names so withdrawn shall be | ||
certified or printed on the primary ballot. If petitions | ||
for nomination have been filed for the same person with | ||
respect to more than one political party, his name shall | ||
not be certified nor printed on the primary ballot of any | ||
party. If petitions for nomination have been filed for the | ||
same person for 2 or more offices which are incompatible | ||
so that the same person could not serve in more than one of | ||
such offices if elected, that person must withdraw as a | ||
candidate for all but one of such offices within the 5 | ||
business days following the last day for petition filing. | ||
A candidate in a judicial election may file petitions for | ||
nomination for only one vacancy in a subcircuit and only | ||
one vacancy in a circuit in any one filing period, and if |
petitions for nomination have been filed for the same | ||
person for 2 or more vacancies in the same circuit or | ||
subcircuit in the same filing period, his or her name | ||
shall be certified only for the first vacancy for which | ||
the petitions for nomination were filed. If he fails to | ||
withdraw as a candidate for all but one of such offices | ||
within such time his name shall not be certified, nor | ||
printed on the primary ballot, for any office. For the | ||
purpose of the foregoing provisions, an office in a | ||
political party is not incompatible with any other office. | ||
(10)(a) Notwithstanding the provisions of any other | ||
statute, no primary shall be held for an established | ||
political party in any township, municipality, or ward | ||
thereof, where the nomination of such party for every | ||
office to be voted upon by the electors of such township, | ||
municipality, or ward thereof, is uncontested. Whenever a | ||
political party's nomination of candidates is uncontested | ||
as to one or more, but not all, of the offices to be voted | ||
upon by the electors of a township, municipality, or ward | ||
thereof, then a primary shall be held for that party in | ||
such township, municipality, or ward thereof; provided | ||
that the primary ballot shall not include those offices | ||
within such township, municipality, or ward thereof, for | ||
which the nomination is uncontested. For purposes of this | ||
Article, the nomination of an established political party | ||
of a candidate for election to an office shall be deemed to |
be uncontested where not more than the number of persons | ||
to be nominated have timely filed valid nomination papers | ||
seeking the nomination of such party for election to such | ||
office. | ||
(b) Notwithstanding the provisions of any other | ||
statute, no primary election shall be held for an | ||
established political party for any special primary | ||
election called for the purpose of filling a vacancy in | ||
the office of representative in the United States Congress | ||
where the nomination of such political party for said | ||
office is uncontested. For the purposes of this Article, | ||
the nomination of an established political party of a | ||
candidate for election to said office shall be deemed to | ||
be uncontested where not more than the number of persons | ||
to be nominated have timely filed valid nomination papers | ||
seeking the nomination of such established party for | ||
election to said office. This subsection (b) shall not | ||
apply if such primary election is conducted on a regularly | ||
scheduled election day. | ||
(c) Notwithstanding the provisions in subparagraph (a) | ||
and (b) of this paragraph (10), whenever a person who has | ||
not timely filed valid nomination papers and who intends | ||
to become a write-in candidate for a political party's | ||
nomination for any office for which the nomination is | ||
uncontested files a written statement or notice of that | ||
intent with the State Board of Elections or the local |
election official where the candidate is seeking to appear | ||
on the ballot with whom nomination papers for such office | ||
are filed , a primary ballot shall be prepared and a | ||
primary shall be held for that office. Such statement or | ||
notice shall be filed on or before the date established in | ||
this Article for certifying candidates for the primary | ||
ballot. Such statement or notice shall contain (i) the | ||
name and address of the person intending to become a | ||
write-in candidate, (ii) a statement that the person is a | ||
qualified primary elector of the political party from whom | ||
the nomination is sought, (iii) a statement that the | ||
person intends to become a write-in candidate for the | ||
party's nomination, and (iv) the office the person is | ||
seeking as a write-in candidate. An election authority | ||
shall have no duty to conduct a primary and prepare a | ||
primary ballot for any office for which the nomination is | ||
uncontested unless a statement or notice meeting the | ||
requirements of this Section is filed in a timely manner. | ||
(11) If multiple sets of nomination papers are filed | ||
for a candidate to the same office, the State Board of | ||
Elections, appropriate election authority or local | ||
election official where the petitions are filed shall | ||
within 2 business days notify the candidate of his or her | ||
multiple petition filings and that the candidate has 3 | ||
business days after receipt of the notice to notify the | ||
State Board of Elections, appropriate election authority |
or local election official that he or she may cancel prior | ||
sets of petitions. If the candidate notifies the State | ||
Board of Elections, appropriate election authority or | ||
local election official, the last set of petitions filed | ||
shall be the only petitions to be considered valid by the | ||
State Board of Elections, election authority or local | ||
election official. If the candidate fails to notify the | ||
State Board of Elections, election authority or local | ||
election official then only the first set of petitions | ||
filed shall be valid and all subsequent petitions shall be | ||
void. | ||
(12) All nominating petitions shall be available for | ||
public inspection and shall be preserved for a period of | ||
not less than 6 months. | ||
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; | ||
103-586, eff. 5-3-24.) | ||
(10 ILCS 5/8-9) (from Ch. 46, par. 8-9) | ||
Sec. 8-9. All petitions for nomination shall be filed by | ||
mail or in person as follows: | ||
(1) Where the nomination is made for a legislative | ||
office, such petition for nomination shall be filed in the | ||
principal office of the State Board of Elections not more | ||
than 141 113 and not less than 134 106 days prior to the | ||
date of the primary. | ||
(2) The State Board of Elections shall, upon receipt |
of each petition, endorse thereon the day and hour on | ||
which it was filed. Petitions filed by mail and received | ||
after midnight on the first day for filing and in the first | ||
mail delivery or pickup of that day, shall be deemed as | ||
filed as of 8:00 a.m. of that day or as of the normal | ||
opening hour of such day as the case may be, and all | ||
petitions received thereafter shall be deemed as filed in | ||
the order of actual receipt. However, 2 or more petitions | ||
filed within the last hour of the filing deadline shall be | ||
deemed to have been filed simultaneously. Where 2 or more | ||
petitions are received simultaneously, the State Board of | ||
Elections shall break ties and determine the order of | ||
filing, by means of a lottery as provided in Section 7-12 | ||
of this Code. | ||
(3) Any person for whom a petition for nomination has | ||
been filed, may cause his name to be withdrawn by a request | ||
in writing, signed by him, duly acknowledged before an | ||
officer qualified to take acknowledgments of deeds, and | ||
filed in the principal or permanent branch office of the | ||
State Board of Elections not later than the date of | ||
certification of candidates for the general primary | ||
ballot, and no names so withdrawn shall be certified by | ||
the State Board of Elections to the county clerk, or | ||
printed on the primary ballot. If petitions for nomination | ||
have been filed for the same person with respect to more | ||
than one political party, his name shall not be certified |
nor printed on the primary ballot of any party. If | ||
petitions for nomination have been filed for the same | ||
person for 2 or more offices which are incompatible so | ||
that the same person could not serve in more than one of | ||
such offices if elected, that person must withdraw as a | ||
candidate for all but one of such offices within the 5 | ||
business days following the last day for petition filing. | ||
If he fails to withdraw as a candidate for all but one of | ||
such offices within such time, his name shall not be | ||
certified, nor printed on the primary ballot, for any | ||
office. For the purpose of the foregoing provisions, an | ||
office in a political party is not incompatible with any | ||
other office. | ||
(4) If multiple sets of nomination papers are filed | ||
for a candidate to the same office, the State Board of | ||
Elections shall within 2 business days notify the | ||
candidate of his or her multiple petition filings and that | ||
the candidate has 3 business days after receipt of the | ||
notice to notify the State Board of Elections that he or | ||
she may cancel prior sets of petitions. If the candidate | ||
notifies the State Board of Elections the last set of | ||
petitions filed shall be the only petitions to be | ||
considered valid by the State Board of Elections. If the | ||
candidate fails to notify the State Board then only the | ||
first set of petitions filed shall be valid and all | ||
subsequent petitions shall be void. |
(Source: P.A. 98-115, eff. 7-29-13.) | ||
(10 ILCS 5/9-8.5) | ||
Sec. 9-8.5. Limitations on campaign contributions. | ||
(a) It is unlawful for a political committee to accept | ||
contributions except as provided in this Section. | ||
(b) During an election cycle, a candidate political | ||
committee may not accept contributions with an aggregate value | ||
over the following: (i) $5,000 from any individual, (ii) | ||
$10,000 from any corporation, labor organization, or | ||
association, or (iii) $50,000 from a candidate political | ||
committee or political action committee. A candidate political | ||
committee may accept contributions in any amount from a | ||
political party committee except during an election cycle in | ||
which the candidate seeks nomination at a primary election. | ||
During an election cycle in which the candidate seeks | ||
nomination at a primary election, a candidate political | ||
committee may not accept contributions from political party | ||
committees with an aggregate value over the following: (i) | ||
$200,000 for a candidate political committee established to | ||
support a candidate seeking nomination to statewide office, | ||
(ii) $125,000 for a candidate political committee established | ||
to support a candidate seeking nomination to the Senate, the | ||
Supreme Court or Appellate Court in the First Judicial | ||
District, or an office elected by all voters in a county with | ||
1,000,000 or more residents, (iii) $75,000 for a candidate |
political committee established to support a candidate seeking | ||
nomination to the House of Representatives, the Supreme Court | ||
or Appellate Court for a Judicial District other than the | ||
First Judicial District, an office elected by all voters of a | ||
county of fewer than 1,000,000 residents, and municipal and | ||
county offices in Cook County other than those elected by all | ||
voters of Cook County, and (iv) $50,000 for a candidate | ||
political committee established to support the nomination of a | ||
candidate to any other office . A candidate political committee | ||
established to elect a candidate to the General Assembly may | ||
accept contributions from only one legislative caucus | ||
committee. A candidate political committee may not accept | ||
contributions from a ballot initiative committee or from an | ||
independent expenditure committee. | ||
(b-5) Judicial elections. | ||
(1) In addition to any other provision of this | ||
Section, a candidate political committee established to | ||
support or oppose a candidate seeking nomination to the | ||
Supreme Court, Appellate Court, or Circuit Court may not: | ||
(A) accept contributions from any entity that does | ||
not disclose the identity of those who make | ||
contributions to the entity, except for contributions | ||
that are not required to be itemized by this Code; or | ||
(B) accept contributions from any out-of-state | ||
person, as defined in this Article. | ||
(1.1) In addition to any other provision of this |
Section, a political committee that is self-funding, as | ||
described in subsection (h) of this Section, and is | ||
established to support or oppose a candidate seeking | ||
nomination, election, or retention to the Supreme Court, | ||
the Appellate Court, or the Circuit Court may not accept | ||
contributions from any single person, other than the | ||
judicial candidate or the candidate's immediate family, in | ||
a cumulative amount that exceeds $500,000 in any election | ||
cycle. Any contribution in excess of the limits in this | ||
paragraph (1.1) shall escheat to the State of Illinois. | ||
Any political committee that receives such a contribution | ||
shall immediately forward the amount that exceeds $500,000 | ||
to the State Treasurer who shall deposit the funds into | ||
the State Treasury. | ||
(1.2) In addition to any other provision of this | ||
Section, an independent expenditure committee established | ||
to support or oppose a candidate seeking nomination, | ||
election, or retention to the Supreme Court, the Appellate | ||
Court, or the Circuit Court may not accept contributions | ||
from any single person in a cumulative amount that exceeds | ||
$500,000 in any election cycle. Any contribution in excess | ||
of the limits in this paragraph (1.2) shall escheat to the | ||
State of Illinois. Any independent expenditure committee | ||
that receives such a contribution shall immediately | ||
forward the amount that exceeds $500,000 to the State | ||
Treasurer who shall deposit the funds into the State |
Treasury. | ||
(1.3) In addition to any other provision of this | ||
Section, if a political committee established to support | ||
or oppose a candidate seeking nomination, election, or | ||
retention to the Supreme Court, the Appellate Court, or | ||
the Circuit Court receives a contribution in excess of | ||
$500 from: (i) any committee that is not required to | ||
disclose its contributors under this Act; (ii) any | ||
association that is not required to disclose its | ||
contributors under this Act; or (iii) any other | ||
organization or group of persons that is not required to | ||
disclose its contributors under this Act, then that | ||
contribution shall be considered an anonymous contribution | ||
that shall escheat to the State, unless the political | ||
committee reports to the State Board of Elections all | ||
persons who have contributed in excess of $500 during the | ||
same election cycle to the committee, association, | ||
organization, or group making the contribution. Any | ||
political committee that receives such a contribution and | ||
fails to report this information shall forward the | ||
contribution amount immediately to the State Treasurer who | ||
shall deposit the funds into the State Treasury. | ||
(2) As used in this subsection, "contribution" has the | ||
meaning provided in Section 9-1.4 and also includes the | ||
following that are subject to the limits of this Section: | ||
(A) expenditures made by any person in concert or |
cooperation with, or at the request or suggestion of, | ||
a candidate, his or her designated committee, or their | ||
agents; and | ||
(B) the financing by any person of the | ||
dissemination, distribution, or republication, in | ||
whole or in part, of any broadcast or any written, | ||
graphic, or other form of campaign materials prepared | ||
by the candidate, his or her campaign committee, or | ||
their designated agents. | ||
(3) As to contributions to a candidate political | ||
committee established to support a candidate seeking | ||
nomination to the Supreme Court, Appellate Court, or | ||
Circuit Court: | ||
(A) No person shall make a contribution in the | ||
name of another person or knowingly permit his or her | ||
name to be used to effect such a contribution. | ||
(B) No person shall knowingly accept a | ||
contribution made by one person in the name of another | ||
person. | ||
(C) No person shall knowingly accept reimbursement | ||
from another person for a contribution made in his or | ||
her own name. | ||
(D) No person shall make an anonymous | ||
contribution. | ||
(E) No person shall knowingly accept any anonymous | ||
contribution. |
(F) No person shall predicate (1) any benefit, | ||
including, but not limited to, employment decisions, | ||
including hiring, promotions, bonus compensation, and | ||
transfers, or (2) any other gift, transfer, or | ||
emolument upon: | ||
(i) the decision by the recipient of that | ||
benefit to donate or not to donate to a candidate; | ||
or | ||
(ii) the amount of any such donation. | ||
(4) No judicial candidate or political committee | ||
established to support a candidate seeking nomination to | ||
the Supreme Court, Appellate Court, or Circuit Court shall | ||
knowingly accept any contribution or make any expenditure | ||
in violation of the provisions of this Section. No officer | ||
or employee of a political committee established to | ||
support a candidate seeking nomination to the Supreme | ||
Court, Appellate Court, or Circuit Court shall knowingly | ||
accept a contribution made for the benefit or use of a | ||
candidate or knowingly make any expenditure in support of | ||
or opposition to a candidate or for electioneering | ||
communications in relation to a candidate in violation of | ||
any limitation designated for contributions and | ||
expenditures under this Section. | ||
(5) Where the provisions of this subsection (b-5) | ||
conflict with any other provision of this Code, this | ||
subsection (b-5) shall control. |
(c) During an election cycle, a political party committee | ||
may not accept contributions with an aggregate value over the | ||
following: (i) $10,000 from any individual, (ii) $20,000 from | ||
any corporation, labor organization, or association, or (iii) | ||
$50,000 from a political action committee. A political party | ||
committee may accept contributions in any amount from another | ||
political party committee or a candidate political committee, | ||
except as provided in subsection (c-5). Nothing in this | ||
Section shall limit the amounts that may be transferred | ||
between a political party committee established under | ||
subsection (a) of Section 7-8 of this Code and an affiliated | ||
federal political committee established under the Federal | ||
Election Code by the same political party. A political party | ||
committee may not accept contributions from a ballot | ||
initiative committee or from an independent expenditure | ||
committee. A political party committee established by a | ||
legislative caucus may not accept contributions from another | ||
political party committee established by a legislative caucus. | ||
(c-5) (Blank). During the period beginning on the date | ||
candidates may begin circulating petitions for a primary | ||
election and ending on the day of the primary election, a | ||
political party committee may not accept contributions with an | ||
aggregate value over $50,000 from a candidate political | ||
committee or political party committee. A political party | ||
committee may accept contributions in any amount from a | ||
candidate political committee or political party committee if |
the political party committee receiving the contribution filed | ||
a statement of nonparticipation in the primary as provided in | ||
subsection (c-10). The Task Force on Campaign Finance Reform | ||
shall study and make recommendations on the provisions of this | ||
subsection to the Governor and General Assembly by September | ||
30, 2012. This subsection becomes inoperative on July 1, 2013 | ||
and thereafter no longer applies. | ||
(c-10) (Blank). A political party committee that does not | ||
intend to make contributions to candidates to be nominated at | ||
a general primary election or consolidated primary election | ||
may file a Statement of Nonparticipation in a Primary Election | ||
with the Board. The Statement of Nonparticipation shall | ||
include a verification signed by the chairperson and treasurer | ||
of the committee that (i) the committee will not make | ||
contributions or coordinated expenditures in support of or | ||
opposition to a candidate or candidates to be nominated at the | ||
general primary election or consolidated primary election | ||
(select one) to be held on (insert date), (ii) the political | ||
party committee may accept unlimited contributions from | ||
candidate political committees and political party committees, | ||
provided that the political party committee does not make | ||
contributions to a candidate or candidates to be nominated at | ||
the primary election, and (iii) failure to abide by these | ||
requirements shall deem the political party committee in | ||
violation of this Article and subject the committee to a fine | ||
of no more than 150% of the total contributions or coordinated |
expenditures made by the committee in violation of this | ||
Article. This subsection becomes inoperative on July 1, 2013 | ||
and thereafter no longer applies. | ||
(d) During an election cycle, a political action committee | ||
may not accept contributions with an aggregate value over the | ||
following: (i) $10,000 from any individual, (ii) $20,000 from | ||
any corporation, labor organization, political party | ||
committee, or association, or (iii) $50,000 from a political | ||
action committee or candidate political committee. A political | ||
action committee may not accept contributions from a ballot | ||
initiative committee or from an independent expenditure | ||
committee. | ||
(e) A ballot initiative committee may accept contributions | ||
in any amount from any source, provided that the committee | ||
files the document required by Section 9-3 of this Article and | ||
files the disclosure reports required by the provisions of | ||
this Article. | ||
(e-5) An independent expenditure committee may accept | ||
contributions in any amount from any source, provided that the | ||
committee files the document required by Section 9-3 of this | ||
Article and files the disclosure reports required by the | ||
provisions of this Article. | ||
(e-10) A limited activity committee shall not accept | ||
contributions, except that the officer or a candidate the | ||
committee has designated to support may contribute personal | ||
funds in order to pay for maintenance expenses. A limited |
activity committee may only make expenditures that are: (i) | ||
necessary for maintenance of the committee; (ii) for rent or | ||
lease payments until the end of the lease in effect at the time | ||
the officer or candidate is confirmed by the Senate; (iii) | ||
contributions to 501(c)(3) charities; or (iv) returning | ||
contributions to original contributors. | ||
(f) Nothing in this Section shall prohibit a political | ||
committee from dividing the proceeds of joint fundraising | ||
efforts; provided that no political committee may receive more | ||
than the limit from any one contributor, and provided that an | ||
independent expenditure committee may not conduct joint | ||
fundraising efforts with a candidate political committee or a | ||
political party committee. | ||
(g) On January 1 of each odd-numbered year, the State | ||
Board of Elections shall adjust the amounts of the | ||
contribution limitations established in this Section for | ||
inflation as determined by the Consumer Price Index for All | ||
Urban Consumers as issued by the United States Department of | ||
Labor and rounded to the nearest $100. The State Board shall | ||
publish this information on its official website. | ||
(h) Self-funding candidates. If a public official, a | ||
candidate, or the public official's or candidate's immediate | ||
family contributes or loans to the public official's or | ||
candidate's political committee or to other political | ||
committees that transfer funds to the public official's or | ||
candidate's political committee or makes independent |
expenditures for the benefit of the public official's or | ||
candidate's campaign during the 12 months prior to an election | ||
in an aggregate amount of more than (i) $250,000 for statewide | ||
office or (ii) $100,000 for all other elective offices, then | ||
the public official or candidate shall file with the State | ||
Board of Elections, within one day, a Notification of | ||
Self-funding that shall detail each contribution or loan made | ||
by the public official, the candidate, or the public | ||
official's or candidate's immediate family. Within 2 business | ||
days after the filing of a Notification of Self-funding, the | ||
notification shall be posted on the Board's website and the | ||
Board shall give official notice of the filing to each | ||
candidate for the same office as the public official or | ||
candidate making the filing, including the public official or | ||
candidate filing the Notification of Self-funding. Notice | ||
shall be sent via first class mail to the candidate and the | ||
treasurer of the candidate's committee. Notice shall also be | ||
sent by e-mail to the candidate and the treasurer of the | ||
candidate's committee if the candidate and the treasurer, as | ||
applicable, have provided the Board with an e-mail address. | ||
Upon posting of the notice on the Board's website, all | ||
candidates for that office, including the public official or | ||
candidate who filed a Notification of Self-funding, shall be | ||
permitted to accept contributions in excess of any | ||
contribution limits imposed by subsection (b). If a public | ||
official or candidate filed a Notification of Self-funding |
during an election cycle that includes a general primary | ||
election or consolidated primary election and that public | ||
official or candidate is nominated, all candidates for that | ||
office, including the nominee who filed the notification of | ||
self-funding, shall be permitted to accept contributions in | ||
excess of any contribution limit imposed by subsection (b) for | ||
the subsequent election cycle. For the purposes of this | ||
subsection, "immediate family" means the spouse, parent, or | ||
child of a public official or candidate. | ||
(h-5) If a natural person or independent expenditure | ||
committee makes independent expenditures in support of or in | ||
opposition to the campaign of a particular public official or | ||
candidate in an aggregate amount of more than (i) $250,000 for | ||
statewide office or (ii) $100,000 for all other elective | ||
offices in an election cycle, as reported in a written | ||
disclosure filed under subsection (a) of Section 9-8.6 or | ||
subsection (e-5) of Section 9-10, then the State Board of | ||
Elections shall, within 2 business days after the filing of | ||
the disclosure, post the disclosure on the Board's website and | ||
give official notice of the disclosure to each candidate for | ||
the same office as the public official or candidate for whose | ||
benefit or detriment the natural person or independent | ||
expenditure committee made independent expenditures. Upon | ||
posting of the notice on the Board's website, all candidates | ||
for that office in that election, including the public | ||
official or candidate for whose benefit or detriment the |
natural person or independent expenditure committee made | ||
independent expenditures, shall be permitted to accept | ||
contributions in excess of any contribution limits imposed by | ||
subsection (b). | ||
(h-10) If the State Board of Elections receives | ||
notification or determines that a natural person or persons, | ||
an independent expenditure committee or committees, or | ||
combination thereof has made independent expenditures in | ||
support of or in opposition to the campaign of a particular | ||
public official or candidate in an aggregate amount of more | ||
than (i) $250,000 for statewide office or (ii) $100,000 for | ||
all other elective offices in an election cycle, then the | ||
Board shall, within 2 business days after discovering the | ||
independent expenditures that, in the aggregate, exceed the | ||
threshold set forth in (i) and (ii) of this subsection, post | ||
notice of this fact on the Board's website and give official | ||
notice to each candidate for the same office as the public | ||
official or candidate for whose benefit or detriment the | ||
independent expenditures were made. Notice shall be sent via | ||
first class mail to the candidate and the treasurer of the | ||
candidate's committee. Notice shall also be sent by e-mail to | ||
the candidate and the treasurer of the candidate's committee | ||
if the candidate and the treasurer, as applicable, have | ||
provided the Board with an e-mail address. Upon posting of the | ||
notice on the Board's website, all candidates of that office | ||
in that election, including the public official or candidate |
for whose benefit or detriment the independent expenditures | ||
were made, may accept contributions in excess of any | ||
contribution limits imposed by subsection (b). | ||
(i) For the purposes of this Section, a corporation, labor | ||
organization, association, or a political action committee | ||
established by a corporation, labor organization, or | ||
association may act as a conduit in facilitating the delivery | ||
to a political action committee of contributions made through | ||
dues, levies, or similar assessments and the political action | ||
committee may report the contributions in the aggregate, | ||
provided that: (i) contributions made through dues, levies, or | ||
similar assessments paid by any natural person, corporation, | ||
labor organization, or association in a calendar year may not | ||
exceed the limits set forth in this Section; (ii) the | ||
corporation, labor organization, association, or a political | ||
action committee established by a corporation, labor | ||
organization, or association facilitating the delivery of | ||
contributions maintains a list of natural persons, | ||
corporations, labor organizations, and associations that paid | ||
the dues, levies, or similar assessments from which the | ||
contributions comprising the aggregate amount derive; and | ||
(iii) contributions made through dues, levies, or similar | ||
assessments paid by any natural person, corporation, labor | ||
organization, or association that exceed $1,000 in a quarterly | ||
reporting period shall be itemized on the committee's | ||
quarterly report and may not be reported in the aggregate. A |
political action committee facilitating the delivery of | ||
contributions or receiving contributions shall disclose the | ||
amount of contributions made through dues delivered or | ||
received and the name of the corporation, labor organization, | ||
association, or political action committee delivering the | ||
contributions, if applicable. On January 1 of each | ||
odd-numbered year, the State Board of Elections shall adjust | ||
the amounts of the contribution limitations established in | ||
this subsection for inflation as determined by the Consumer | ||
Price Index for All Urban Consumers as issued by the United | ||
States Department of Labor and rounded to the nearest $100. | ||
The State Board shall publish this information on its official | ||
website. | ||
(j) A political committee that receives a contribution or | ||
transfer in violation of this Section shall dispose of the | ||
contribution or transfer by returning the contribution or | ||
transfer, or an amount equal to the contribution or transfer, | ||
to the contributor or transferor or donating the contribution | ||
or transfer, or an amount equal to the contribution or | ||
transfer, to a charity. A contribution or transfer received in | ||
violation of this Section that is not disposed of as provided | ||
in this subsection within 30 days after the Board sends | ||
notification to the political committee of the excess | ||
contribution by certified mail shall escheat to the General | ||
Revenue Fund and the political committee shall be deemed in | ||
violation of this Section and subject to a civil penalty not to |
exceed 150% of the total amount of the contribution. | ||
(k) For the purposes of this Section, "statewide office" | ||
means the Governor, Lieutenant Governor, Attorney General, | ||
Secretary of State, Comptroller, and Treasurer. | ||
(l) This Section is repealed if and when the United States | ||
Supreme Court invalidates contribution limits on committees | ||
formed to assist candidates, political parties, corporations, | ||
associations, or labor organizations established by or | ||
pursuant to federal law. | ||
(Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21; | ||
102-909, eff. 5-27-22.) | ||
(10 ILCS 5/9-11) (from Ch. 46, par. 9-11) | ||
Sec. 9-11. Financial reports. | ||
(a) Each quarterly report of campaign contributions, | ||
expenditures, and independent expenditures under Section 9-10 | ||
shall disclose the following: | ||
(1) the name and address of the political committee; | ||
(2) the name and address of the person submitting the | ||
report on behalf of the committee, if other than the chair | ||
or treasurer; | ||
(3) the amount of funds on hand at the beginning of the | ||
reporting period; | ||
(4) the full name and mailing address of each person | ||
who has made one or more contributions to or for the | ||
committee within the reporting period in an aggregate |
amount or value in excess of $150, together with the | ||
amounts and dates of those contributions, and, if the | ||
contributor is an individual who contributed more than | ||
$500, the occupation and employer of the contributor or, | ||
if the occupation and employer of the contributor are | ||
unknown, a statement that the committee has made a good | ||
faith effort to ascertain this information; | ||
(5) the total sum of individual contributions made to | ||
or for the committee during the reporting period and not | ||
reported under item (4); | ||
(6) the name and address of each political committee | ||
from which the reporting committee received, or to which | ||
that committee made, any transfer of funds in the | ||
aggregate amount or value in excess of $150, together with | ||
the amounts and dates of all transfers; | ||
(7) the total sum of transfers made to or from the | ||
committee during the reporting period and not reported | ||
under item (6); | ||
(8) each loan to or from any person, political | ||
committee, or financial institution within the reporting | ||
period by or to the committee in an aggregate amount or | ||
value in excess of $150, together with the full names and | ||
mailing addresses of the lender and endorsers, if any; the | ||
dates and amounts of the loans; and, if a lender or | ||
endorser is an individual who loaned or endorsed a loan of | ||
more than $500, the occupation and employer of that |
individual or, if the occupation and employer of the | ||
individual are unknown, a statement that the committee has | ||
made a good faith effort to ascertain this information; | ||
(9) the total amount of proceeds received by the | ||
committee from (i) the sale of tickets for each dinner, | ||
luncheon, cocktail party, rally, and other fund-raising | ||
events; (ii) mass collections made at those events; and | ||
(iii) sales of items such as political campaign pins, | ||
buttons, badges, flags, emblems, hats, banners, | ||
literature, and similar materials; | ||
(10) each contribution, rebate, refund, income from | ||
investments, or other receipt in excess of $150 received | ||
by the committee not otherwise listed under items (4) | ||
through (9) and, if the contributor is an individual who | ||
contributed more than $500, the occupation and employer of | ||
the contributor or, if the occupation and employer of the | ||
contributor are unknown, a statement that the committee | ||
has made a good faith effort to ascertain this | ||
information; | ||
(11) the total sum of all receipts by or for the | ||
committee or candidate during the reporting period; | ||
(12) the full name and mailing address of each person | ||
to whom expenditures have been made by the committee or | ||
candidate within the reporting period in an aggregate | ||
amount or value in excess of $150; the amount, date, and | ||
purpose of each of those expenditures; and the question of |
public policy or the name and address of, and the office | ||
sought by, each candidate on whose behalf that expenditure | ||
was made; | ||
(13) the full name and mailing address of each person | ||
to whom an expenditure for personal services, salaries, | ||
and reimbursed expenses in excess of $150 has been made | ||
and that is not otherwise reported, including the amount, | ||
date, and purpose of the expenditure; | ||
(14) the value of each asset held as an investment, as | ||
of the final day of the reporting period; | ||
(15) the total sum of expenditures made by the | ||
committee during the reporting period; and | ||
(16) the full name and mailing address of each person | ||
to whom the committee owes debts or obligations in excess | ||
of $150 and the amount of those debts or obligations. | ||
For purposes of reporting campaign receipts and expenses, | ||
income from investments shall be included as receipts during | ||
the reporting period they are actually received. The gross | ||
purchase price of each investment shall be reported as an | ||
expenditure at time of purchase. Net proceeds from the sale of | ||
an investment shall be reported as a receipt. During the | ||
period investments are held they shall be identified by name | ||
and quantity of security or instrument on each quarterly | ||
semi-annual report during the period. | ||
(b) Each report of a campaign contribution of $1,000 or | ||
more required under subsection (c) of Section 9-10 shall |
disclose the following: | ||
(1) the name and address of the political committee; | ||
(2) the name and address of the person submitting the | ||
report on behalf of the committee, if other than the chair | ||
or treasurer; and | ||
(3) the full name and mailing address of each person | ||
who has made a contribution of $1,000 or more. | ||
(c) Each quarterly report shall include the following | ||
information regarding any independent expenditures made during | ||
the reporting period: (1) the full name and mailing address of | ||
each person to whom an expenditure in excess of $150 has been | ||
made in connection with an independent expenditure; (2) the | ||
amount, date, and purpose of such expenditure; (3) a statement | ||
whether the independent expenditure was in support of or in | ||
opposition to a particular candidate; (4) the name of the | ||
candidate; (5) the office and, when applicable, district, | ||
sought by the candidate; and (6) a certification, under | ||
penalty of perjury, that such expenditure was not made in | ||
cooperation, consultation, or concert with, or at the request | ||
or suggestion of, any candidate or any authorized committee or | ||
agent of such committee. The report shall also include (I) the | ||
total of all independent expenditures of $150 or less made | ||
during the reporting period and (II) the total amount of all | ||
independent expenditures made during the reporting period. | ||
(d) The Board shall by rule define a "good faith effort". | ||
The reports of campaign contributions filed under this |
Article shall be cumulative during the reporting period to | ||
which they relate. | ||
(e) Each report shall be verified, dated, and signed by | ||
either the treasurer of the political committee or the | ||
candidate on whose behalf the report is filed and shall | ||
contain the following verification: | ||
"I declare that this report (including any accompanying | ||
schedules and statements) has been examined by me and, to the | ||
best of my knowledge and belief, is a true, correct, and | ||
complete report as required by Article 9 of the Election Code. | ||
I understand that willfully filing a false or incomplete | ||
statement is subject to a civil penalty of up to $5,000.". | ||
(f) A political committee may amend a report filed under | ||
subsection (a) or (b). The Board may reduce or waive a fine if | ||
the amendment is due to a technical or inadvertent error and | ||
the political committee files the amended report, except that | ||
a report filed under subsection (b) must be amended within 5 | ||
business days. The State Board shall ensure that a description | ||
of the amended information is available to the public. The | ||
Board may promulgate rules to enforce this subsection. | ||
(Source: P.A. 100-1027, eff. 1-1-19 .) | ||
(10 ILCS 5/9-23.5) | ||
Sec. 9-23.5. Public database of founded complaints. The | ||
State Board of Elections shall establish and maintain on its | ||
official website a searchable database, freely accessible to |
the public, of each complaint filed with the Board under this | ||
Article with respect to which Board action was taken, | ||
including all Board actions and penalties imposed, if any. The | ||
Board must update the database within 5 business days after an | ||
action is taken or a penalty is imposed to include that | ||
complaint, action, or penalty in the database. The Task Force | ||
on Campaign Finance Reform shall make recommendations on | ||
improving access to information related to founded complaints. | ||
(Source: P.A. 96-832, eff. 1-1-11 .) | ||
(10 ILCS 5/9-35) | ||
Sec. 9-35. Registration of business entities. | ||
(a) This Section governs the procedures for the | ||
registration required under Section 20-160 of the Illinois | ||
Procurement Code. | ||
For the purposes of this Section, the terms | ||
"officeholder", "State contract", "business entity", "State | ||
agency", "affiliated entity", and "affiliated person" have the | ||
meanings ascribed to those terms in Section 50-37 of the | ||
Illinois Procurement Code. | ||
(b) Registration under Section 20-160 of the Illinois | ||
Procurement Code, and any changes to that registration, must | ||
be made electronically, and the State Board of Elections by | ||
rule shall provide for electronic registration ; except that | ||
the State Board may adopt emergency rules providing for a | ||
temporary filing system, effective through August 1, 2009, |
under which business entities must file the required | ||
registration forms provided by the Board via e-mail attachment | ||
in a PDF file or via another type of mail service and must | ||
receive from the State Board registration certificates via | ||
e-mail or paper registration certificates. The State Board | ||
shall retain the registrations submitted by business entities | ||
via e-mail or another type of mail service for at least 6 | ||
months following the establishment of the electronic | ||
registration system required by this subsection . | ||
Each registration must contain substantially the | ||
following: | ||
(1) The name and address of the business entity. | ||
(2) The name and address of any affiliated entity of | ||
the business entity, including a description of the | ||
affiliation. | ||
(3) The name and address of any affiliated person of | ||
the business entity, including a description of the | ||
affiliation. | ||
(c) The Board shall provide a certificate of registration | ||
to the business entity. The certificate shall be electronic , | ||
except as otherwise provided in this Section, and accessible | ||
to the business entity through the State Board of Elections' | ||
website and protected by a password. Within 60 days after | ||
establishment of the electronic system, each business entity | ||
that submitted a registration via e-mail attachment or paper | ||
copy pursuant to this Section shall re-submit its registration |
electronically. At the time of re-submission, the State Board | ||
of Elections shall provide an electronic certificate of | ||
registration to that business entity. | ||
(d) Any business entity required to register under Section | ||
20-160 of the Illinois Procurement Code shall provide a copy | ||
of the registration certificate, by first class mail or hand | ||
delivery within 10 days after registration, to each affiliated | ||
entity or affiliated person whose identity is required to be | ||
disclosed. Failure to provide notice to an affiliated entity | ||
or affiliated person is a business offense for which the | ||
business entity is subject to a fine not to exceed $1,001. | ||
(e) In addition to any penalty under Section 20-160 of the | ||
Illinois Procurement Code, intentional, willful, or material | ||
failure to disclose information required for registration is | ||
subject to a civil penalty imposed by the State Board of | ||
Elections. The State Board shall impose a civil penalty of | ||
$1,000 per business day for failure to update a registration. | ||
(f) Any business entity required to register under Section | ||
20-160 of the Illinois Procurement Code shall notify any | ||
political committee to which it makes a contribution, at the | ||
time of the contribution, that the business entity is | ||
registered with the State Board of Elections under Section | ||
20-160 of the Illinois Procurement Code. Any affiliated entity | ||
or affiliated person of a business entity required to register | ||
under Section 20-160 of the Illinois Procurement Code shall | ||
notify any political committee to which it makes a |
contribution that it is affiliated with a business entity | ||
registered with the State Board of Elections under Section | ||
20-160 of the Illinois Procurement Code. | ||
(g) The State Board of Elections on its official website | ||
shall have a searchable database containing (i) all | ||
information required to be submitted to the Board under | ||
Section 20-160 of the Illinois Procurement Code and (ii) all | ||
reports filed under this Article with the State Board of | ||
Elections by all political committees. For the purposes of | ||
databases maintained by the State Board of Elections, | ||
"searchable" means able to search by "political committee", as | ||
defined in this Article, and by "officeholder", "State | ||
agency", "business entity", "affiliated entity", and | ||
"affiliated person". The Board shall not place the name of a | ||
minor child on the website. However, the Board shall provide a | ||
link to all contributions made by anyone reporting the same | ||
residential address as any affiliated person. In addition, the | ||
State Board of Elections on its official website shall provide | ||
an electronic connection to any searchable database of State | ||
contracts maintained by the Comptroller, searchable by | ||
business entity. | ||
(h) The State Board of Elections shall have rulemaking | ||
authority to implement this Section. | ||
(Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.) | ||
(10 ILCS 5/9-50) |
Sec. 9-50. Vendor providing automated traffic systems; | ||
contributions. | ||
(a) No vendor that offers or provides equipment or | ||
services for automated traffic law enforcement, automated | ||
speed enforcement, or automated railroad grade crossing | ||
enforcement systems to municipalities or counties, no | ||
political action committee created by such a vendor, and no | ||
vendor-affiliated person shall make a campaign contribution to | ||
any political committee established to promote the candidacy | ||
of a candidate or public official. An officer or agent of such | ||
a vendor may not consent to any contribution or expenditure | ||
that is prohibited by this Section. A candidate, political | ||
committee, or other person may not knowingly accept or receive | ||
any contribution prohibited by this Section. A political | ||
committee that receives a contribution in violation of this | ||
Section shall dispose of the contribution by returning the | ||
contribution or an amount equal to the contribution to the | ||
contributor or by donating the contribution or an amount equal | ||
to the contribution to a charity. A contribution received in | ||
violation of this Section that is not disposed of within 30 | ||
days after the Board sends notification to the political | ||
committee of the excess contribution by certified mail shall | ||
escheat to the General Revenue Fund, and the political | ||
committee shall be deemed in violation of this Section and | ||
shall be subject to a civil penalty not to exceed 150% of the | ||
total amount of the contribution. |
(b) As used in this Section: | ||
"Automated law enforcement system", "automated speed | ||
enforcement system", and "automated railroad grade crossing | ||
enforcement system" have the meanings given to those terms in | ||
Article II of Chapter 11 of the Illinois Vehicle Code. | ||
"Vendor-affiliated person" means: (i) any person with an | ||
ownership interest in excess of 7.5% in a vendor that offers or | ||
provides equipment or services for automated traffic law | ||
enforcement, automated speed enforcement, or automated | ||
railroad grade crossing enforcement systems to municipalities | ||
or counties; (ii) any person with a distributive share in | ||
excess of 7.5% in a vendor that offers or provides equipment or | ||
services for automated traffic law enforcement, automated | ||
speed enforcement, or automated railroad grade crossing | ||
enforcement systems to municipalities or counties; (iii) any | ||
executive employees of a vendor that offers or provides | ||
equipment or services for automated traffic law enforcement, | ||
automated speed enforcement, or automated railroad grade | ||
crossing enforcement systems to municipalities or counties; | ||
and (iv) the spouse, minor child, or other immediate family | ||
member living in the residence of any of the persons | ||
identified in items (i) through (iii). | ||
(Source: P.A. 103-364, eff. 7-28-23.) | ||
(10 ILCS 5/10-6) (from Ch. 46, par. 10-6) | ||
Sec. 10-6. Time and manner of filing. Except as otherwise |
provided in this Code, certificates of nomination and | ||
nomination papers for the nomination of candidates for offices | ||
to be filled by electors of the entire State, or any district | ||
not entirely within a county, or for congressional, state | ||
legislative or judicial offices, shall be presented to the | ||
principal office of the State Board of Elections not more than | ||
169 141 nor less than 162 134 days previous to the day of | ||
election for which the candidates are nominated. The State | ||
Board of Elections shall endorse the certificates of | ||
nomination or nomination papers, as the case may be, and the | ||
date and hour of presentment to it. Except as otherwise | ||
provided in this Code, all other certificates for the | ||
nomination of candidates shall be filed with the county clerk | ||
of the respective counties not more than 169 141 but at least | ||
162 134 days previous to the day of such election. | ||
Certificates of nomination and nomination papers for the | ||
nomination of candidates for school district offices to be | ||
filled at consolidated elections shall be filed with the | ||
county clerk or county board of election commissioners of the | ||
county in which the principal office of the school district is | ||
located not more than 141 113 nor less than 134 106 days before | ||
the consolidated election. Except as otherwise provided in | ||
this Code, certificates of nomination and nomination papers | ||
for the nomination of candidates for the other offices of | ||
political subdivisions to be filled at regular elections other | ||
than the general election shall be filed with the local |
election official of such subdivision: | ||
(1) (Blank); | ||
(2) not more than 141 113 nor less than 134 106 days | ||
prior to the consolidated election; or | ||
(3) not more than 141 113 nor less than 134 106 days | ||
prior to the general primary in the case of municipal | ||
offices to be filled at the general primary election; or | ||
(4) not more than 127 99 nor less than 120 92 days | ||
before the consolidated primary in the case of municipal | ||
offices to be elected on a nonpartisan basis pursuant to | ||
law (including , without limitation, those municipal | ||
offices subject to Articles 4 and 5 of the Municipal | ||
Code); or | ||
(5) not more than 141 113 nor less than 134 106 days | ||
before the municipal primary in even numbered years for | ||
such nonpartisan municipal offices where annual elections | ||
are provided; or | ||
(6) in the case of petitions for the office of | ||
multi-township assessor, such petitions shall be filed | ||
with the election authority not more than 113 nor less | ||
than 134 106 days before the consolidated election. | ||
However, where a political subdivision's boundaries are | ||
co-extensive with or are entirely within the jurisdiction of a | ||
municipal board of election commissioners, the certificates of | ||
nomination and nomination papers for candidates for such | ||
political subdivision offices shall be filed in the office of |
such Board. | ||
(Source: P.A. 102-15, eff. 6-17-21.) | ||
(10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1) | ||
Sec. 10-6.1. The board or clerk with whom a certificate of | ||
nomination or nomination papers are filed shall notify the | ||
person for whom such papers are filed of the obligation to file | ||
statements of organization, reports of campaign contributions, | ||
and quarterly annual reports of campaign contributions and | ||
expenditures under Article 9 of this Act. Such notice shall be | ||
given in the manner prescribed by paragraph (7) of Section | ||
9-16 of this Code. | ||
(Source: P.A. 81-1189.) | ||
(10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1) | ||
Sec. 10-10.1. (a) Except as otherwise provided in this | ||
Section, a candidate or objector aggrieved by the decision of | ||
an electoral board may secure judicial review of such decision | ||
in the circuit court of the county in which the hearing of the | ||
electoral board was held. The party seeking judicial review | ||
must file , within 5 days after service of the decision of the | ||
electoral board as provided in Section 10-10, a petition with | ||
the clerk of the court that names as respondents the electoral | ||
board, its members, and the prevailing candidates or objectors | ||
in the initial proceeding before the board. The party seeking | ||
judicial review and must serve a copy of the petition upon each |
of the respondents named in the petition for judicial review | ||
the electoral board and other parties to the proceeding by | ||
registered or certified mail within 5 days after service of | ||
the decision of the electoral board as provided in Section | ||
10-10. The petition shall contain a brief statement of the | ||
reasons why the decision of the board should be reversed. The | ||
petitioner shall file proof of service with the clerk of the | ||
court within 5 days after service of the decision of the | ||
electoral board as provided in Section 10-10 . No answer to the | ||
petition need be filed, but the electoral board shall cause | ||
the record of proceedings before the electoral board to be | ||
filed with the clerk of the court on or before the date of the | ||
hearing on the petition or as ordered by the court. | ||
The court shall set the matter for hearing to be held | ||
within 30 days after the filing of the petition and shall make | ||
its decision promptly after such hearing. | ||
(b) An objector or proponent aggrieved by the decision of | ||
an electoral board regarding a petition filed pursuant to | ||
Section 18-120 of the Property Tax Code may secure a review of | ||
such decision by the State Board of Elections. The party | ||
seeking such review must file a petition therefor with the | ||
State Board of Elections within 10 days after the decision of | ||
the electoral board. Any such objector or proponent may apply | ||
for and obtain judicial review of a decision of the State Board | ||
of Elections entered under this amendatory Act of 1985, in | ||
accordance with the provisions of the Administrative Review |
Law, as amended. | ||
(Source: P.A. 96-1008, eff. 7-6-10.) | ||
(10 ILCS 5/13-6.1) (from Ch. 46, par. 13-6.1) | ||
Sec. 13-6.1. Each judge of election shall be identified as | ||
such by a suitable badge or label authorized and issued by the | ||
county clerk that: (1) clearly states it is authorized by the | ||
county clerk; (2) identifies the individual as an election | ||
judge; and (3) contains a unique identifier that consists of | ||
the precinct number and assigns the judge of election a single | ||
letter. In accordance with this Section, the badge shall | ||
follow the form of "Precinct number, Judge letter" and bearing | ||
the date of the election for which issued. On such badge, the | ||
judge shall print his or her name and the ward, township or | ||
road district and precinct number in which he or she is | ||
serving . | ||
(Source: P.A. 84-971.) | ||
(10 ILCS 5/14-5.1) (from Ch. 46, par. 14-5.1) | ||
Sec. 14-5.1. Each judge of election shall be identified as | ||
such by a suitable badge or label authorized and issued by the | ||
board of election commissioners that: (1) clearly states it is | ||
authorized by the board of election commissioners; (2) | ||
identifies the individual as an election judge; and (3) | ||
contains a unique identifier that consists of the precinct | ||
number and assigns the judge of election a single letter. In |
accordance with this Section, the badge shall follow the form | ||
of "Precinct number, Judge letter" and bearing the date of the | ||
election for which issued. On such badge, the judge shall | ||
print his or her name and the ward or township and precinct | ||
number in which he or she is serving . | ||
(Source: P.A. 84-971.) | ||
(10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2) | ||
Sec. 19-12.2. Voting by physically incapacitated electors | ||
who have made proper application to the election authority not | ||
later than 5 days before the regular primary and general | ||
election of 1980 and before each election thereafter shall be | ||
conducted either through the vote by mail procedures as | ||
detailed in this Article or on the premises of (i) federally | ||
operated veterans' homes, hospitals, and facilities located in | ||
Illinois or (ii) facilities licensed or certified pursuant to | ||
the Nursing Home Care Act, the Specialized Mental Health | ||
Rehabilitation Act of 2013, the ID/DD Community Care Act, or | ||
the MC/DD Act for the sole benefit of residents of such homes, | ||
hospitals, and facilities. For the purposes of this Section, | ||
"federally operated veterans' home, hospital, or facility" | ||
means the long-term care facilities at the Jesse Brown VA | ||
Medical Center, Illiana Health Care System, Edward Hines, Jr. | ||
VA Hospital, Marion VA Medical Center, and Captain James A. | ||
Lovell Federal Health Care Center. Such voting shall be | ||
conducted during any continuous period sufficient to allow all |
applicants to cast their ballots between the hours of 9 a.m. | ||
and 7 p.m. either on the Friday, Saturday, Sunday or Monday | ||
immediately preceding the regular election. This vote by mail | ||
voting on one of said days designated by the election | ||
authority shall be supervised by two election judges who must | ||
be selected by the election authority in the following order | ||
of priority: (1) from the panel of judges appointed for the | ||
precinct in which such home, hospital, or facility is located, | ||
or from a panel of judges appointed for any other precinct | ||
within the jurisdiction of the election authority in the same | ||
ward or township, as the case may be, in which the home, | ||
hospital, or facility is located or, only in the case where a | ||
judge or judges from the precinct, township or ward are | ||
unavailable to serve, (3) from a panel of judges appointed for | ||
any other precinct within the jurisdiction of the election | ||
authority. The two judges shall be from different political | ||
parties. Not less than 30 days before each regular election, | ||
the election authority shall have arranged with the chief | ||
administrative officer of each home, hospital, or facility in | ||
his or its election jurisdiction a mutually convenient time | ||
period on the Friday, Saturday, Sunday or Monday immediately | ||
preceding the election for such voting on the premises of the | ||
home, hospital, or facility and shall post in a prominent | ||
place in his or its office a notice of the agreed day and time | ||
period for conducting such voting at each home, hospital, or | ||
facility; provided that the election authority shall not later |
than noon on the Thursday before the election also post the | ||
names and addresses of those homes, hospitals, and facilities | ||
from which no applications were received and in which no | ||
supervised vote by mail voting will be conducted. All | ||
provisions of this Code applicable to pollwatchers shall be | ||
applicable herein. To the maximum extent feasible, voting | ||
booths or screens shall be provided to insure the privacy of | ||
the voter. Voting procedures shall be as described in Article | ||
17 of this Code, except that ballots shall be treated as vote | ||
by mail ballots and shall not be counted until the close of the | ||
polls on the following day. After the last voter has concluded | ||
voting, the judges shall seal the ballots in an envelope and | ||
affix their signatures across the flap of the envelope. | ||
Immediately thereafter, the judges shall bring the sealed | ||
envelope to the office of the election authority who shall | ||
deliver such ballots to the election authority's central | ||
ballot counting location prior to the closing of the polls on | ||
the day of election. The judges of election shall also report | ||
to the election authority the name of any applicant in the | ||
home, hospital, or facility who, due to unforeseen | ||
circumstance or condition or because of a religious holiday, | ||
was unable to vote. In this event, the election authority may | ||
appoint a qualified person from his or its staff to deliver the | ||
ballot to such applicant on the day of election. This staff | ||
person shall follow the same procedures prescribed for judges | ||
conducting vote by mail voting in such homes, hospitals, or |
facilities and shall return the ballot to the central ballot | ||
counting location before the polls close. However, if the | ||
home, hospital, or facility from which the application was | ||
made is also used as a regular precinct polling place for that | ||
voter, voting procedures heretofore prescribed may be | ||
implemented by 2 of the election judges of opposite party | ||
affiliation assigned to that polling place during the hours of | ||
voting on the day of the election. Judges of election shall be | ||
compensated not less than $25.00 for conducting vote by mail | ||
voting in such homes, hospitals, or facilities. | ||
Not less than 120 days before each regular election, the | ||
Department of Public Health shall certify to the State Board | ||
of Elections a list of the facilities licensed or certified | ||
pursuant to the Nursing Home Care Act, the Specialized Mental | ||
Health Rehabilitation Act of 2013, the ID/DD Community Care | ||
Act, or the MC/DD Act. The lists shall indicate the approved | ||
bed capacity and the name of the chief administrative officer | ||
of each such home, hospital, or facility, and the State Board | ||
of Elections shall certify the same to the appropriate | ||
election authority within 20 days thereafter. | ||
(Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | ||
99-180, eff. 7-29-15.) | ||
(10 ILCS 5/19A-21) | ||
Sec. 19A-21. Use of local public buildings for early | ||
voting polling places. Upon request by an election authority, |
a unit of local government (as defined in Section 1 of Article | ||
VII of the Illinois Constitution, which does not include | ||
school districts) shall make the unit's public buildings | ||
within the election authority's jurisdiction available as | ||
permanent or temporary early voting polling places without | ||
charge. Availability of a building shall include reasonably | ||
necessary time before and after the period early voting is | ||
conducted at that building. However, if upon receiving the | ||
election authority's request, a park district organized under | ||
the Park District Code demonstrates to the election authority | ||
that the use of a specific room as an early voting polling | ||
place would interfere with scheduled programming, the election | ||
authority and the park district shall work cooperatively to | ||
find an alternative room at the same location to serve as an | ||
early voting polling place. If the park district and the | ||
election authority are unable to identify a mutually agreeable | ||
alternative location at the park district, the park district | ||
and election authority shall prepare documentation explaining | ||
the difficulties for their respective entities to the Board of | ||
County Commissioners who shall determine which room shall be | ||
used as an early voting polling place as soon as practicable to | ||
avoid delays in determining an early voting polling place. | ||
A unit of local government making its public building | ||
available as a permanent or temporary early voting polling | ||
place shall ensure that any portion of the building made | ||
available is accessible to voters with disabilities and |
elderly voters. | ||
(Source: P.A. 99-143, eff. 7-27-15.) | ||
(10 ILCS 5/25-3) (from Ch. 46, par. 25-3) | ||
Sec. 25-3. (a) Whenever it is alleged that a vacancy in any | ||
office exists, the officer, body, or county board who has | ||
authority to fill the vacancy by appointment, or to order an | ||
election to fill such vacancy, shall have power to determine | ||
whether or not the facts occasioning such vacancy exist. | ||
(b) On or before the 141st 100th day previous to the day of | ||
election for which judicial candidates are to be nominated: | ||
(1) The Chief Justice of the Supreme Court shall | ||
certify to the State Board of Elections the names of all | ||
judges who have died, resigned, retired or forfeited their | ||
office since the last general election and whose vacancies | ||
will be filled at the next general election. | ||
(2) The secretary of the Illinois Courts Commission | ||
shall certify to the State Board of Elections the names of | ||
judges who have been removed from office and whose | ||
vacancies will be filled at the next general election. | ||
(3) The Secretary of State shall certify to the State | ||
Board of Elections the names of judges who were eligible | ||
to stand for retention at the next general election, but | ||
failed to file a declaration of candidacy to succeed | ||
themselves in office or, having timely filed such a | ||
declaration, withdrew it. |
(4) The State Board of Elections shall determine | ||
whether the General Assembly has created new judgeships | ||
which are to be filled at the next general election. | ||
If one of the events described in subsection (a) of | ||
Section 2A-9 of this Code occurs between the 141st 100th day | ||
and the 134th 92nd day previous to the day of election for | ||
which judicial candidates are to be nominated, the appropriate | ||
aforementioned officer shall promptly certify the vacancy to | ||
the State Board of Elections. | ||
(c) Except with regard to new judgeships which have been | ||
created by the General Assembly, the State Board of Elections | ||
may rely upon the certifications from the Supreme Court, the | ||
Illinois Courts Commission and the Secretary of State to | ||
determine (1) when vacancies in judicial office exist and (2) | ||
the judicial positions for which elections are to be held. | ||
(Source: P.A. 86-1348 .) | ||
(10 ILCS 5/28-8) (from Ch. 46, par. 28-8) | ||
Sec. 28-8. If a referendum held in accordance with Section | ||
28-7 of this Act involved the question of whether a unit of | ||
local government shall become a home rule unit or shall | ||
continue cease to be a home rule unit and if that referendum | ||
passed, then the clerk of that unit of local government shall, | ||
within 45 days after the referendum, file with the Secretary | ||
of State a certified statement showing the results of the | ||
referendum and the resulting status of the unit of local |
government as a home rule unit or a non-home rule unit. The | ||
Secretary of State shall maintain such certified statements in | ||
his office as a public record. | ||
The question of whether a unit of local government shall | ||
become a home rule unit shall be submitted in substantially | ||
the following form: | ||
Shall (name of the unit of local government) become a home | ||
rule unit? | ||
Votes must be recorded as "yes" or "no". | ||
The question of whether a unit of local government shall | ||
continue cease to be a home rule unit shall be submitted in | ||
substantially the following form: | ||
Shall (name of the unit of local government) continue | ||
cease to be a home rule unit? | ||
Votes must be recorded as "yes" or "no". | ||
(Source: P.A. 98-115, eff. 7-29-13.) | ||
(10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. | ||
46, par. 1103) | ||
Sec. 29B-10. Code of Fair Campaign Practices. At the time | ||
a political committee, as defined in Article 9, files its | ||
statements of organization, the State Board of Elections , in | ||
the case of a state political committee or a political | ||
committee acting as both a state political committee and a | ||
local political committee, or the county clerk, in the case of | ||
a local political committee, shall give the political |
committee a blank form of the Code of Fair Campaign Practices | ||
and a copy of the provisions of this Article. The State Board | ||
of Elections or county clerk shall inform each political | ||
committee that subscription to the Code is voluntary. The text | ||
of the Code shall read as follows: | ||
CODE OF FAIR CAMPAIGN PRACTICES | ||
There are basic principles of decency, honesty, and fair | ||
play that every candidate for public office in the State of | ||
Illinois has a moral obligation to observe and uphold, in | ||
order that, after vigorously contested but fairly conducted | ||
campaigns, our citizens may exercise their constitutional | ||
right to a free and untrammeled choice and the will of the | ||
people may be fully and clearly expressed on the issues. | ||
THEREFORE: | ||
(1) I will conduct my campaign openly and publicly, and | ||
limit attacks on my opponent to legitimate challenges to his | ||
record. | ||
(2) I will not use or permit the use of character | ||
defamation, whispering campaigns, libel, slander, or | ||
scurrilous attacks on any candidate or his personal or family | ||
life. | ||
(3) I will not use or permit any appeal to negative | ||
prejudice based on race, sex, sexual orientation, religion or | ||
national origin. | ||
(4) I will not use campaign material of any sort that | ||
misrepresents, distorts, or otherwise falsifies the facts, nor |
will I use malicious or unfounded accusations that aim at | ||
creating or exploiting doubts, without justification, as to | ||
the personal integrity or patriotism of my opposition. | ||
(5) I will not undertake or condone any dishonest or | ||
unethical practice that tends to corrupt or undermine our | ||
American system of free elections or that hampers or prevents | ||
the full and free expression of the will of the voters. | ||
(6) I will defend and uphold the right of every qualified | ||
American voter to full and equal participation in the | ||
electoral process. | ||
(7) I will immediately and publicly repudiate methods and | ||
tactics that may come from others that I have pledged not to | ||
use or condone. I shall take firm action against any | ||
subordinate who violates any provision of this Code or the | ||
laws governing elections. | ||
I, the undersigned, candidate for election to public | ||
office in the State of Illinois or chair of a political | ||
committee in support of or opposition to a question of public | ||
policy, hereby voluntarily endorse, subscribe to, and solemnly | ||
pledge myself to conduct my campaign in accordance with the | ||
above principles and practices. | ||
.............. ...............................
| ||
Date Signature | ||
(Source: P.A. 100-1027, eff. 1-1-19 .) |
(10 ILCS 5/29B-15) (from Ch. 46, par. 29B-15; formerly Ch. | ||
46, par. 1104) | ||
Sec. 29B-15. Responsibility of State Board of Elections | ||
for printing and supplying of forms. The State Board of | ||
Elections shall print, or cause to be printed, copies of the | ||
Code of Fair Campaign Practices. The State Board of Elections | ||
shall supply the forms to the county clerks in quantities and | ||
at times requested by the clerks. | ||
(Source: P.A. 86-873; 87-1052.) | ||
(10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch. | ||
46, par. 1105) | ||
Sec. 29B-20. Acceptance of completed forms; retentions for | ||
public inspection. The State Board of Elections and the county | ||
clerks shall accept, at all times prior to an election, all | ||
completed copies of the Code of Fair Campaign Practices that | ||
are properly subscribed to by a candidate or the chair of a | ||
political committee in support of or opposition to a question | ||
of public policy, and shall retain them for public inspection | ||
until 30 days after the election. | ||
(Source: P.A. 100-1027, eff. 1-1-19 .) | ||
(10 ILCS 5/9-45 rep.) | ||
Section 10-10. The Election Code is amended by repealing | ||
Section 9-45. |
Section 10-15. The Illinois Procurement Code is amended by | ||
changing Section 50-37 as follows: | ||
(30 ILCS 500/50-37) | ||
Sec. 50-37. Prohibition of political contributions. | ||
(a) As used in this Section: | ||
The terms "contract", "State contract", and "contract | ||
with a State agency" each mean any contract, as defined in | ||
this Code, between a business entity and a State agency | ||
let or awarded pursuant to this Code. The terms | ||
"contract", "State contract", and "contract with a State | ||
agency" do not include cost reimbursement contracts; | ||
purchase of care agreements as defined in Section 1-15.68 | ||
of this Code; contracts for projects eligible for full or | ||
partial federal-aid funding reimbursements authorized by | ||
the Federal Highway Administration; grants, including but | ||
are not limited to grants for job training or | ||
transportation; and grants, loans, or tax credit | ||
agreements for economic development purposes. | ||
"Contribution" means a contribution as defined in | ||
Section 9-1.4 of the Election Code. | ||
"Declared candidate" means a person who has filed a | ||
statement of candidacy and petition for nomination or | ||
election in the principal office of the State Board of | ||
Elections. | ||
"State agency" means and includes all boards, |
commissions, agencies, institutions, authorities, and | ||
bodies politic and corporate of the State, created by or | ||
in accordance with the Illinois Constitution or State | ||
statute, of the executive branch of State government and | ||
does include colleges, universities, public employee | ||
retirement systems, and institutions under the | ||
jurisdiction of the governing boards of the University of | ||
Illinois, Southern Illinois University, Illinois State | ||
University, Eastern Illinois University, Northern Illinois | ||
University, Western Illinois University, Chicago State | ||
University, Governors State University, Northeastern | ||
Illinois University, and the Illinois Board of Higher | ||
Education. | ||
"Officeholder" means the Governor, Lieutenant | ||
Governor, Attorney General, Secretary of State, | ||
Comptroller, or Treasurer. The Governor shall be | ||
considered the officeholder responsible for awarding all | ||
contracts by all officers and employees of, and potential | ||
contractors and others doing business with, executive | ||
branch State agencies under the jurisdiction of the | ||
Executive Ethics Commission and not within the | ||
jurisdiction of the Attorney General, the Secretary of | ||
State, the Comptroller, or the Treasurer. | ||
"Sponsoring entity" means a sponsoring entity as | ||
defined in Section 9-3 of the Election Code. | ||
"Affiliated person" means (i) any person with any |
ownership interest or distributive share of the bidding or | ||
contracting business entity in excess of 7.5%, (ii) | ||
executive employees of the bidding or contracting business | ||
entity, and (iii) the spouse of any such persons. | ||
"Affiliated person" does not include a person prohibited | ||
by federal law from making contributions or expenditures | ||
in connection with a federal, state, or local election. | ||
"Affiliated entity" means (i) any corporate parent and | ||
each operating subsidiary of the bidding or contracting | ||
business entity, (ii) each operating subsidiary of the | ||
corporate parent of the bidding or contracting business | ||
entity, (iii) any organization recognized by the United | ||
States Internal Revenue Service as a tax-exempt | ||
organization described in Section 501(c) of the Internal | ||
Revenue Code of 1986 (or any successor provision of | ||
federal tax law) established by the bidding or contracting | ||
business entity, any affiliated entity of that business | ||
entity, or any affiliated person of that business entity , | ||
or (iv) any political committee for which the bidding or | ||
contracting business entity, or any 501(c) organization | ||
described in item (iii) related to that business entity, | ||
is the sponsoring entity . "Affiliated entity" does not | ||
include an entity prohibited by federal law from making | ||
contributions or expenditures in connection with a | ||
federal, state, or local election. | ||
"Business entity" means any entity doing business for |
profit, whether organized as a corporation, partnership, | ||
sole proprietorship, limited liability company or | ||
partnership, or otherwise. | ||
"Executive employee" means (i) the President, | ||
Chairman, or Chief Executive Officer of a business entity | ||
and any other individual that fulfills equivalent duties | ||
as the President, Chairman of the Board, or Chief | ||
Executive Officer of a business entity; and (ii) any | ||
employee of a business entity whose compensation is | ||
determined directly, in whole or in part, by the award or | ||
payment of contracts by a State agency to the entity | ||
employing the employee. A regular salary that is paid | ||
irrespective of the award or payment of a contract with a | ||
State agency shall not constitute "compensation" under | ||
item (ii) of this definition. "Executive employee" does | ||
not include any person prohibited by federal law from | ||
making contributions or expenditures in connection with a | ||
federal, state, or local election. | ||
(b) Any business entity whose contracts with State | ||
agencies, in the aggregate, total more than $50,000, and any | ||
affiliated entities or affiliated persons of such business | ||
entity, are prohibited from making any contributions to any | ||
political committees established to promote the candidacy of | ||
(i) the officeholder responsible for awarding the contracts or | ||
(ii) any other declared candidate for that office. This | ||
prohibition shall be effective for the duration of the term of |
office of the incumbent officeholder awarding the contracts or | ||
for a period of 2 years following the expiration or | ||
termination of the contracts, whichever is longer. | ||
(c) Any business entity whose aggregate pending bids and | ||
offers on State contracts total more than $50,000, or whose | ||
aggregate pending bids and offers on State contracts combined | ||
with the business entity's aggregate total value of State | ||
contracts exceed $50,000, and any affiliated entities or | ||
affiliated persons of such business entity, are prohibited | ||
from making any contributions to any political committee | ||
established to promote the candidacy of the officeholder | ||
responsible for awarding the contract on which the business | ||
entity has submitted a bid or offer during the period | ||
beginning on the date the invitation for bids, request for | ||
proposals, or any other procurement opportunity is issued and | ||
ending on the day after the date the contract is awarded. | ||
(c-5) For the purposes of the prohibitions under | ||
subsections (b) and (c) of this Section, (i) any contribution | ||
made to a political committee established to promote the | ||
candidacy of the Governor or a declared candidate for the | ||
office of Governor shall also be considered as having been | ||
made to a political committee established to promote the | ||
candidacy of the Lieutenant Governor, in the case of the | ||
Governor, or the declared candidate for Lieutenant Governor | ||
having filed a joint petition, or write-in declaration of | ||
intent, with the declared candidate for Governor, as |
applicable, and (ii) any contribution made to a political | ||
committee established to promote the candidacy of the | ||
Lieutenant Governor or a declared candidate for the office of | ||
Lieutenant Governor shall also be considered as having been | ||
made to a political committee established to promote the | ||
candidacy of the Governor, in the case of the Lieutenant | ||
Governor, or the declared candidate for Governor having filed | ||
a joint petition, or write-in declaration of intent, with the | ||
declared candidate for Lieutenant Governor, as applicable. | ||
(d) All contracts between State agencies and a business | ||
entity that violate subsection (b) or (c) shall be voidable | ||
under Section 50-60. If a business entity violates subsection | ||
(b) 3 or more times within a 36-month period, then all | ||
contracts between State agencies and that business entity | ||
shall be void, and that business entity shall not bid or | ||
respond to any invitation to bid or request for proposals from | ||
any State agency or otherwise enter into any contract with any | ||
State agency for 3 years from the date of the last violation. A | ||
notice of each violation and the penalty imposed shall be | ||
published in both the Procurement Bulletin and the Illinois | ||
Register. | ||
(e) Any political committee that has received a | ||
contribution in violation of subsection (b) or (c) shall pay | ||
an amount equal to the value of the contribution to the State | ||
no more than 30 calendar days after notice of the violation | ||
concerning the contribution appears in the Illinois Register. |
Payments received by the State pursuant to this subsection | ||
shall be deposited into the general revenue fund. | ||
(Source: P.A. 103-570, eff. 1-1-24.) | ||
Section 10-20. The Township Code is amended by changing | ||
Sections 45-55 and 70-45 as follows: | ||
(60 ILCS 1/45-55) | ||
Sec. 45-55. Nomination by primary election. In (i) | ||
counties having a population of more than 3,000,000, the | ||
township central committee of a political party composed of | ||
the elected township committeeman and his or her appointed | ||
precinct committeemen and (ii) townships with a population of | ||
more than 15,000 in counties with a population of 3,000,000 or | ||
less, the township central committee of a political party | ||
composed of the precinct committeemen may, with respect to any | ||
regular township election, determine that its candidates for | ||
township offices shall be nominated by primary in accordance | ||
with the general election law, rather than in the manner | ||
provided in Sections 45-5 through 45-45. If the township | ||
central committee makes that determination, it must file a | ||
statement of the determination with the county clerk no later | ||
than August 15 November 15 preceding the township election. If | ||
the township or any part of the township is within the | ||
jurisdiction of a board of election commissioners, the | ||
township central committee shall promptly notify the board of |
election commissioners of the determination. Upon the filing | ||
of the determination by the township central committee of a | ||
political party, the provisions of the general election law | ||
shall govern the nomination of candidates of that political | ||
party for township offices for the election with respect to | ||
which the determination was made. | ||
(Source: P.A. 82-783; 88-62.) | ||
(60 ILCS 1/70-45) | ||
Sec. 70-45. Supervisors in Cook County. The supervisors of | ||
townships in Cook County shall perform the same duties as | ||
supervisors of townships in other counties under township | ||
organization, except that they shall not be members of the | ||
county board or exercise any of the powers of county board | ||
members. They shall have the same compensation for their | ||
services prescribed by law for similar services rendered by | ||
other township supervisors. | ||
Township supervisors may serve as members of the Cook | ||
County Townships Public Aid Committee. The supervisors shall | ||
not receive additional compensation for duties associated with | ||
the Cook County Townships Public Aid Committee but shall be | ||
reimbursed for actual and necessary expenses related to | ||
service on the Committee. | ||
The compensation for a supervisor of a township in Cook | ||
County may not be increased during the term of office for which | ||
the supervisor is elected or appointed. An ordinance |
establishing compensation, including an increase or decrease | ||
in a supervisor's compensation, shall apply uniformly to the | ||
supervisors whose terms start after enactment of the | ||
compensation ordinance. A township is prohibited from | ||
decreasing the salary for a person elected as supervisor of a | ||
township while maintaining the salary of an incumbent. An | ||
ordinance that violates this paragraph is null and void. | ||
(Source: P.A. 90-210, eff. 7-25-97.) | ||
Section 10-25. The Downstate Forest Preserve District Act | ||
is amended by changing Sections 3c and 3c-1 and by adding | ||
Section 3c-2 as follows: | ||
(70 ILCS 805/3c) | ||
Sec. 3c. Elected board of commissioners in certain | ||
counties. If the boundaries of a district are co-extensive | ||
with the boundaries of a county having a population of more | ||
than 800,000 but less than 3,000,000, all commissioners of the | ||
forest preserve district shall be elected from the number of | ||
districts as determined by the forest preserve district board | ||
of commissioners. Such a forest preserve district is a | ||
separate and distinct legal entity, and its board members are | ||
elected separate and apart from the elected county | ||
commissioners. Upon its formation, or as a result of decennial | ||
reapportionment, such a forest preserve district shall adopt a | ||
district map determining the boundary lines of each district. |
That map shall be adjusted and reapportioned subject to the | ||
same decennial reapportionment process stated in Section 3c-1. | ||
No more than one commissioner shall be elected from each | ||
district. At their first meeting after election in 2022 and at | ||
their first meeting after election next following each | ||
subsequent decennial reapportionment of the county under | ||
Section 3c-1, the elected commissioners shall publicly, by | ||
lot, divide themselves into 2 groups, as equal in size as | ||
possible. Commissioners from the first group shall serve for | ||
terms of 2, 4, and 4 years, and commissioners from the second | ||
group shall serve terms of 4, 4, and 2 years. The president of | ||
the board of commissioners of the forest preserve district | ||
shall be elected by the voters of the county, rather than by | ||
the commissioners. The president shall be a resident of the | ||
county and shall be elected throughout the county for a 4-year | ||
term without having been first elected as commissioner of the | ||
forest preserve district. Each commissioner shall be a | ||
resident of the forest preserve board district from which he | ||
or she was elected not later than the date of the commencement | ||
of the term of office. The term of office for the president and | ||
commissioners elected under this Section shall commence on the | ||
first Monday of the month following the month of election. | ||
Neither a commissioner nor the president of the board of | ||
commissioners of that forest preserve district shall serve | ||
simultaneously as member or chairman of the county board. No | ||
person shall seek election to both the forest preserve |
commission and the county board at the same election, nor | ||
shall they be eligible to hold both offices at the same time. | ||
The president, with the advice and consent of the board of | ||
commissioners shall appoint a secretary, treasurer, and such | ||
other officers as deemed necessary by the board of | ||
commissioners, which officers need not be members of the board | ||
of commissioners. The president shall have the powers and | ||
duties as specified in Section 12 of this Act. | ||
Candidates for president and commissioner shall be | ||
candidates of established political parties. | ||
If a vacancy in the office of president or commissioner | ||
occurs, other than by expiration of the president's or | ||
commissioner's term, the forest preserve district board of | ||
commissioners shall declare that a vacancy exists and | ||
notification of the vacancy shall be given to the county | ||
central committee of each established political party within 3 | ||
business days after the occurrence of the vacancy. If the | ||
vacancy occurs in the office of forest preserve district | ||
commissioner, the president of the board of commissioners | ||
shall, within 60 days after the date of the vacancy, with the | ||
advice and consent of other commissioners then serving, | ||
appoint a person to serve for the remainder of the unexpired | ||
term. The appointee shall be affiliated with the same | ||
political party as the commissioner in whose office the | ||
vacancy occurred and be a resident of such district. If a | ||
vacancy in the office of president occurs, other than by |
expiration of the president's term, the remaining members of | ||
the board of commissioners shall, within 60 days after the | ||
vacancy, appoint one of the commissioners to serve as | ||
president for the remainder of the unexpired term. In that | ||
case, the office of the commissioner who is appointed to serve | ||
as president shall be deemed vacant and shall be filled within | ||
60 days by appointment of the president with the advice and | ||
consent of the other forest preserve district commissioners. | ||
The commissioner who is appointed to fill a vacancy in the | ||
office of president shall be affiliated with the same | ||
political party as the person who occupied the office of | ||
president prior to the vacancy. A person appointed to fill a | ||
vacancy in the office of president or commissioner shall | ||
establish his or her party affiliation by his or her record of | ||
voting in primary elections or by holding or having held an | ||
office in an established political party organization before | ||
the appointment. If the appointee has not voted in a party | ||
primary election or is not holding or has not held an office in | ||
an established political party organization before the | ||
appointment, the appointee shall establish his or her | ||
political party affiliation by his or her record of | ||
participating in an established political party's nomination | ||
or election caucus. If, however, more than 28 months remain in | ||
the unexpired term of a commissioner or the president, the | ||
appointment shall be until the next general election, at which | ||
time the vacated office of commissioner or president shall be |
filled by election for the remainder of the term. | ||
Notwithstanding any law to the contrary, if a vacancy occurs | ||
after the last day provided in Section 7-12 of the Election | ||
Code for filing nomination papers for the office of president | ||
of a forest preserve district where that office is elected as | ||
provided for in this Section, or as set forth in Section 7-61 | ||
of the Election Code, a vacancy in nomination shall be filled | ||
by the passage of a resolution by the nominating committee of | ||
the affected political party within the time periods specified | ||
in the Election Code. The nominating committee shall consist | ||
of the chairman of the county central committee and the | ||
township chairmen of the affected political party. All other | ||
vacancies in nomination shall be filled in accordance with the | ||
provisions of the Election Code. | ||
The president and commissioners elected under this Section | ||
may be reimbursed for their reasonable expenses actually | ||
incurred in performing their official duties under this Act in | ||
accordance with the provisions of Section 3a. The | ||
reimbursement paid under this Section shall be paid by the | ||
forest preserve district. | ||
Compensation for the president and the forest preserve | ||
commissioners elected under this Section shall be established | ||
by the board of commissioners of the forest preserve district. | ||
This Section does not apply to a forest preserve district | ||
created under Section 18.5 of the Conservation District Act. | ||
(Source: P.A. 102-668, eff. 11-15-21.) |
(70 ILCS 805/3c-1) | ||
Sec. 3c-1. Reapportionment plan for forest preserve | ||
districts under Section 3c. | ||
(a) Beginning in 2021, the The Downstate Forest Preserve | ||
District board of commissioners shall develop an apportionment | ||
plan and specify the number of districts. Each district shall | ||
have one commissioner. Each such district: | ||
(1) shall be substantially equal in population to each | ||
other district; and | ||
(2) shall be comprised of contiguous territory, as | ||
nearly compact as practicable; and | ||
(3) shall be created in such a manner so that no | ||
precinct shall be divided between 2 or more districts, | ||
insofar as is practicable. | ||
(b) The president of the board of commissioners of a | ||
Downstate Forest Preserve District may develop a reappointment | ||
plan and that plan, as presented or as amended, shall be | ||
presented to the board by the third Wednesday in May in the | ||
year after a federal decennial census year for approval in | ||
accordance with the provisions of subsection (a) of this | ||
Section. If the president presents a plan to the board by the | ||
third Wednesday in May, the board shall conduct at least one | ||
public hearing to receive comments and to discuss the | ||
apportionment plan. That hearing shall be held at least 6 days | ||
but not more than 21 days before the board may consider |
adopting the plan, and the public shall be given notice by | ||
publication in a newspaper of general circulation in the | ||
district of the hearing at least 6 days in advance of the | ||
hearing. The president of the board of commissioners shall | ||
have access to the federal decennial census available to the | ||
board. | ||
(c) For the reapportionment in calendar year 2021, the | ||
president of the board of commissioners may develop and | ||
present (or redevelop and represent) to the board by the third | ||
Wednesday in November of 2021 an apportionment plan. If a plan | ||
is presented, the board shall conduct at least one hearing on | ||
the proposed plan before it may be adopted. That hearing shall | ||
be held at least 6 days but not more than 21 days before the | ||
board may consider adopting the plan, and the public shall be | ||
given notice by publication in a newspaper of general | ||
circulation in the district of the hearing at least 6 days in | ||
advance of the hearing. | ||
(d) After each decennial census, the Downstate Forest | ||
Preserve District board is not obligated to reapportion the | ||
districts if existing districts are within a 10% population | ||
deviation from each other based on the results of the | ||
decennial census. | ||
(e) As used in this Section, "Downstate Forest Preserve | ||
District" means a district described in Section 3c. | ||
(Source: P.A. 102-668, eff. 11-15-21.) |
(70 ILCS 805/3c-2 new) | ||
Sec. 3c-2. Continuous effect of provisions; validation. | ||
The General Assembly declares that the changes made to | ||
Sections 3c and 3c-1 by this amendatory Act of the 103rd | ||
General Assembly shall be deemed to have been in continuous | ||
effect since November 15, 2021 (the effective date of Public | ||
Act 102-688) and shall continue to be in effect until they are | ||
lawfully repealed. All actions that were taken on or after | ||
2021 and before the effective date of this amendatory Act of | ||
the 103rd General Assembly by a downstate forest preserve | ||
district or any other person and that are consistent with or in | ||
reliance on the changes made to Sections 3c and 3c-1 by this | ||
amendatory Act of the 103rd General Assembly are hereby | ||
validated. | ||
Section 10-27. The Fox Waterway Agency Act is amended by | ||
changing Section 5 as follows: | ||
(615 ILCS 90/5) (from Ch. 19, par. 1205) | ||
Sec. 5. The Agency shall be governed by a Board of | ||
Directors, which shall consist of 6 directors and one chairman | ||
elected pursuant to this Section. | ||
Three directors shall be elected from within the territory | ||
of each member county. Any resident of a member county and the | ||
territory of the Agency, at least 18 years of age, may become a | ||
candidate for election as a director by filing a nominating |
petition with the State Board of Elections containing the | ||
verified signatures of at least 200 of the registered voters | ||
of such county who reside within the territory of the Agency. | ||
Such petition shall be filed not more than 141 113 nor less | ||
than 134 106 days prior to the date of election. | ||
The chairman shall be elected at large from the territory | ||
of the Agency. Any person eligible to become a candidate for | ||
election as director may become a candidate for election as | ||
chairman by filing a nominating petition with the State Board | ||
of Elections containing the verified signatures of at least | ||
200 of the registered voters of each member county who reside | ||
within the territory of the Agency. Such petition shall be | ||
filed not more than 141 113 nor less than 134 106 days prior to | ||
the date of the election. | ||
Within 7 days after each consolidated election at which | ||
the chairman is elected, the county clerk of each member | ||
county shall transmit the returns for the election to the | ||
office of chairman to the State Board of Elections. The State | ||
Board of Elections shall immediately canvass the returns and | ||
proclaim the results thereof and shall issue a certificate of | ||
election to the person so elected. | ||
Beginning in 1985, the directors and chairman shall be | ||
elected at the consolidated election and shall serve from the | ||
third Monday in May following their respective elections until | ||
their respective successors are elected and qualified. The | ||
term of office of a director shall be for 4 years, except that |
of the directors elected at the consolidated election of 1985, | ||
3 shall serve until the first Monday in May 1987 and 3 shall | ||
serve until the first Monday in May 1989. The term of office of | ||
a chairman shall be 4 years. | ||
At least 90 days before the consolidated election of 1985 | ||
the State Board of Elections shall meet to determine by lot | ||
which 3 director positions shall be elected for terms to | ||
expire on the first Monday in May 1987 and which 3 director | ||
positions shall be elected for terms to expire on the first | ||
Monday in May 1989. At least one director position from each | ||
member county shall be elected for a term to expire on the | ||
first Monday in May 1987. | ||
The county clerks of the member counties shall provide | ||
notice of each election for chairman and director in the | ||
manner prescribed in Article 12 of The Election Code, with the | ||
notice of the elections to be held at the consolidated | ||
election of 1985 to include a statement as to whether the | ||
director is to be elected for a term of 2 years or for a term | ||
of 4 years. | ||
A chairman shall be elected at the consolidated election | ||
of 1985 and at each consolidated election every 4 years | ||
thereafter. Six directors shall be elected at the consolidated | ||
election of 1985. At the consolidated election of 1987, and at | ||
each consolidated election every 4 years thereafter, directors | ||
shall be elected from the constituencies of the directors who | ||
were elected at the consolidated election of 1985 and whose |
terms expired on the first Monday in May 1987. At the | ||
consolidated election of 1989, and at each consolidated | ||
election every 4 years thereafter, directors shall be elected | ||
from the constituencies of the directors who were elected at | ||
the consolidated election of 1985 and whose terms expired on | ||
the first Monday in May 1989. | ||
Vacancies in the office of director or chairman shall be | ||
filled by the remaining members of the Board, who shall | ||
appoint to fill the vacated office for the remainder of the | ||
term of such office an individual who would be eligible for | ||
election to such office. If, however, a vacancy occurs in the | ||
office of chairman or director with at least 28 months | ||
remaining in the term of such office, the office shall be | ||
filled for the remainder of the term at the next consolidated | ||
election. Until the office is filled by election, the | ||
remaining members of the Board shall appoint a qualified | ||
person to the office in the manner provided in this Section. | ||
(Source: P.A. 98-115, eff. 7-29-13.) | ||
ARTICLE 99 | ||
Section 99-99. Effective date. This Act takes effect upon | ||
becoming law. |