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Public Act 098-0115 | ||||
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AN ACT concerning elections.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Election Code is amended by changing | ||||
Sections 1A-16, 1A-25, 4-8, 4-10, 4-12, 4-15, 4-33, 4-50, 5-7, | ||||
5-9, 5-15, 5-21, 5-43, 5-50, 6-29, 6-35, 6-40, 6-57, 6-79, | ||||
6-100, 6A-1, 6A-2, 6A-3, 6A-4, 8-9, 9-1.8, 9-8.5, 9-9.5, | ||||
10-6.2, 10-7, 10-9, 10-10, 17-23, 18A-15, 19-2, 19-2.1, 19-3, | ||||
19-4, 19-7, 19A-15, 19A-70, 22-6, 24A-16, and 28-8 and by | ||||
adding Sections 1-12, 1A-16.5, 6-19.5, 24A-6.2, 24B-6.2, and | ||||
24C-6.2 as follows: | ||||
(10 ILCS 5/1-12 new) | ||||
Sec. 1-12. Public university voting. Each appropriate | ||||
election authority shall, in addition to the early voting | ||||
conducted at locations otherwise required by law, conduct early | ||||
voting in a high traffic location on the campus of a public | ||||
university within the election authority's jurisdiction. For | ||||
the purposes of this Section, "public university" means the | ||||
University of Illinois at its campuses in Urbana-Champaign and | ||||
Springfield, Southern Illinois University at its campuses in | ||||
Carbondale and Edwardsville, Eastern Illinois University, | ||||
Illinois State University, Northern Illinois University, and | ||||
Western Illinois University at its campuses in Macomb and |
Moline. The voting required by this Section to be conducted on | ||
campus must be conducted as otherwise required by Article 19A | ||
of this Code. If an election authority has voting equipment | ||
that can accommodate a ballot in every form required in the | ||
election authority's jurisdiction, then the election authority | ||
shall extend early voting under this Section to any registered | ||
voter in the election authority's jurisdiction. However, if the | ||
election authority does not have voting equipment that can | ||
accommodate a ballot in every form required in the election | ||
authority's jurisdiction, then the election authority may | ||
limit early voting under this Section to registered voters in | ||
precincts where the public university is located and precincts | ||
bordering the university. Each public university shall make the | ||
space available in a high traffic area for, and cooperate and | ||
coordinate with the appropriate election authority in, the | ||
implementation of this Section.
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(10 ILCS 5/1A-16)
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Sec. 1A-16. Voter registration information; internet | ||
posting; processing
of voter registration forms; content of | ||
such forms. Notwithstanding any law to
the contrary, the | ||
following provisions shall apply to voter registration under
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this Code.
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(a) Voter registration information; Internet posting of | ||
voter registration
form. Within 90 days after the effective | ||
date of this amendatory Act of the
93rd
General Assembly, the |
State Board of Elections shall post on its World Wide Web
site | ||
the following information:
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(1) A comprehensive list of the names, addresses, phone | ||
numbers, and
websites, if applicable, of all county clerks | ||
and boards
of election commissioners in Illinois.
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(2) A schedule of upcoming elections and the deadline | ||
for voter
registration.
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(3) A downloadable, printable voter registration form, | ||
in at least English
and in
Spanish versions, that a person | ||
may complete and mail or submit to the
State Board of | ||
Elections or the appropriate county clerk or
board of | ||
election commissioners.
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Any forms described under paragraph (3) must state the | ||
following:
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If you do not have a driver's license or social | ||
security number, and this
form is submitted by mail, and | ||
you have never registered to vote in the
jurisdiction you | ||
are now registering in, then you must send, with this
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application, either (i) a copy of a current and valid photo | ||
identification, or
(ii) a copy of a current utility bill, | ||
bank statement, government check,
paycheck, or other | ||
government document that shows the name and address of the
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voter. If you do not provide the information required | ||
above, then you will be
required to provide election | ||
officials with either (i) or (ii) described above
the first | ||
time you vote at a voting place or by absentee ballot.
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(b) Acceptance of registration forms by the State Board of | ||
Elections and
county clerks and board of election | ||
commissioners. The
State Board of Elections, county clerks, and | ||
board of election commissioners
shall accept all completed | ||
voter registration forms
described in subsection (a)(3) of this | ||
Section and Sections 1A-17 and 1A-30 that are:
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(1) postmarked on or before the day that voter | ||
registration is closed
under
the Election Code;
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(2) not postmarked, but arrives no later than 5 days | ||
after the close
of registration;
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(3) submitted in person by a person using the form on | ||
or before the
day that voter registration is closed under | ||
the Election Code; or
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(4) submitted in person by a person who submits one or | ||
more forms
on behalf of one or more persons who used the | ||
form on or before
the day that voter registration is closed | ||
under the Election Code.
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Upon the receipt of a registration form, the State Board of | ||
Elections shall
mark
the date on which the form was received
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and send the form via first class mail to the appropriate | ||
county clerk or board
of
election commissioners, as the case | ||
may be, within 2 business days based upon
the home address of | ||
the person submitting the registration form. The county
clerk | ||
and board of election commissioners shall accept and process | ||
any form
received from the State Board of Elections.
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(c) Processing of registration forms by county clerks and |
boards of election
commissioners. The county clerk or board of | ||
election commissioners shall
promulgate procedures for | ||
processing the voter registration form.
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(d) Contents of the voter registration form. The State | ||
Board shall create
a voter registration form, which must | ||
contain the following content:
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(1) Instructions for completing the form.
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(2) A summary of the qualifications to register to vote | ||
in Illinois.
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(3) Instructions for mailing in or submitting the form | ||
in person.
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(4) The phone number for the State Board of Elections | ||
should a person
submitting the form have questions.
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(5) A box for the person to check that explains one of | ||
3 reasons for
submitting the form:
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(a) new registration;
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(b) change of address; or
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(c) change of name.
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(6) a box for the person to check yes or no that asks, | ||
"Are you a citizen
of the United States?", a box for the | ||
person to check yes or no that asks,
"Will you be 18 years | ||
of age on or before election day?", and a statement of
"If | ||
you checked 'no' in response to either of these questions, | ||
then do not
complete this form.".
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(7) A space for the person to fill in his or her home | ||
telephone
number.
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(8) Spaces for the person to fill in his or her first, | ||
middle, and last
names, street address (principal place of | ||
residence), county, city, state, and
zip code.
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(9) Spaces for the person to fill in his or her mailing | ||
address, city,
state, and zip code if different from his or | ||
her principal place of residence.
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(10) A space for the person to fill in his or her | ||
Illinois driver's
license number if the person has a | ||
driver's license.
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(11) A space for a person without a driver's license to | ||
fill in the last
four digits of his or her social security | ||
number if the person has a social
security number.
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(12) A space for a person without an Illinois driver's | ||
license to fill in
his or her identification number from | ||
his or her State Identification card
issued by the | ||
Secretary of State.
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(13) A space for the person to fill the name appearing | ||
on his or her last
voter registration, the street address | ||
of his or her last registration,
including the city, | ||
county, state, and zip code.
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(14) A space where the person swears or affirms the | ||
following under
penalty of perjury with his or her | ||
signature:
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(a) "I am a citizen of the United States.";
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(b) "I will be at least 18 years old on or before | ||
the next election.";
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(c) "I will have lived in the State of Illinois and | ||
in my election
precinct at least 30 days as of the date | ||
of the next election."; and
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"The information I have provided is true to the | ||
best of my knowledge
under penalty of perjury. If I | ||
have provided false information, then I may be
fined, | ||
imprisoned, or if I am not a U.S. citizen, deported | ||
from or refused
entry into the United States."
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(15) A space for the person to fill in his or her | ||
e-mail address if he or she chooses to provide that | ||
information. | ||
(d-5) Compliance with federal law; rulemaking authority. | ||
The voter
registration
form described in this Section shall be | ||
consistent with the form prescribed by
the
Federal
Election | ||
Commission under the National Voter Registration Act of 1993,
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P.L. 103-31, as amended from time to time, and the Help America | ||
Vote Act of
2002, P.L. 107-252, in all relevant respects. The | ||
State Board of Elections
shall periodically update the form | ||
based on changes to federal or State law.
The State Board of | ||
Elections shall promulgate any rules necessary for the
| ||
implementation of this Section; provided that the rules
comport | ||
with the letter and spirit of the National Voter Registration | ||
Act of
1993 and Help America Vote Act of 2002 and maximize the | ||
opportunity for a
person to register to vote.
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(e) Forms available in paper form. The State Board of | ||
Elections shall make
the voter registration form available in |
regular paper stock and form in
sufficient quantities for the | ||
general public. The State Board of Elections may
provide the | ||
voter registration form to the Secretary of State, county
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clerks, boards of election commissioners, designated agencies | ||
of the State of
Illinois, and any other person or entity | ||
designated to have these forms by the
Election Code in regular | ||
paper stock and form or some other format deemed
suitable by | ||
the Board. Each county clerk or board of election commissioners | ||
has
the authority to design and print its own voter | ||
registration form so long as
the form complies with the | ||
requirements of this Section. The State Board
of Elections, | ||
county clerks, boards of election commissioners, or other
| ||
designated agencies of the State of Illinois required to have | ||
these forms under
the Election Code shall provide a member of | ||
the public with any reasonable
number of forms
that he or she | ||
may request. Nothing in this Section shall permit the State
| ||
Board of
Elections, county clerk, board of election | ||
commissioners, or other appropriate
election official who may | ||
accept a voter registration form to refuse to accept
a voter | ||
registration form because the form is printed on photocopier or | ||
regular
paper
stock and form.
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(f) (Blank). Internet voter registration study. The State | ||
Board of Elections shall
investigate the feasibility of | ||
offering voter registration on its website and
consider voter | ||
registration methods of other states in an effort to maximize
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the opportunity for all Illinois citizens to register to vote. |
The State Board
of Elections shall assemble its findings in a | ||
report and submit it to the
General Assembly no later than | ||
January 1, 2006. The report shall contain
legislative | ||
recommendations to the General Assembly on improving voter
| ||
registration in Illinois.
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(Source: P.A. 94-492, eff. 1-1-06; 94-645, eff. 8-22-05; | ||
95-331, eff. 8-21-07.)
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(10 ILCS 5/1A-16.5 new) | ||
Sec. 1A-16.5. Online voter registration. | ||
(a) The State Board of Elections shall establish and | ||
maintain a system for online voter registration that permits a | ||
person to apply to register to vote or to update his or her | ||
existing voter registration. In accordance with technical | ||
specifications provided by the State Board of Elections, each | ||
election authority shall maintain a voter registration system | ||
capable of receiving and processing voter registration | ||
application information, including electronic signatures, from | ||
the online voter registration system established by the State | ||
Board of Elections. | ||
(b) The online voter registration system shall employ | ||
security measures to ensure the accuracy and integrity of voter | ||
registration applications submitted electronically pursuant to | ||
this Section. | ||
(c) The Board may receive voter registration information | ||
provided by applicants using the State Board of Elections' |
website, may cross reference that information with data or | ||
information contained in the Secretary of State's database in | ||
order to match the information submitted by applicants, and may | ||
receive from the Secretary of State the applicant's digitized | ||
signature upon a successful match of that applicant's | ||
information with that contained in the Secretary of State's | ||
database. | ||
(d) Notwithstanding any other provision of law, a person | ||
who is qualified to register to vote and who has an authentic | ||
Illinois driver's license or State identification card issued | ||
by the Secretary of State may submit an application to register | ||
to vote electronically on a website maintained by the State | ||
Board of Elections. | ||
(e) An online voter registration application shall contain | ||
all of the information that is required for a paper application | ||
as provided in Section 1A-16 of this Code, except that the | ||
applicant shall be required to provide: | ||
(1) the applicant's full Illinois driver's license or | ||
State identification card number; | ||
(2) the last 4 digits of the applicant's social | ||
security number; and | ||
(3) the date the Illinois driver's license or State | ||
identification card was issued. | ||
(f) For an applicant's registration or change in | ||
registration to be accepted, the applicant shall mark the box | ||
associated with the following statement included as part of the |
online voter registration application: | ||
By clicking on the box below, I swear or affirm all of the | ||
following: | ||
(1) I am the person whose name and identifying information | ||
is provided on this form, and I desire to register to vote in | ||
the State of Illinois. | ||
(2) All the information I have provided on this form is | ||
true and correct as of the date I am submitting this form. | ||
(3) I authorize the Secretary of State to transmit to the | ||
State Board of Elections my signature that is on file with the | ||
Secretary of State and understand that such signature will be | ||
used by my local election authority on this online voter | ||
registration application for admission as an elector as if I | ||
had signed this form personally.". | ||
(g) Immediately upon receiving a completed online voter | ||
registration application, the online voter registration system | ||
shall send, by electronic mail, a confirmation notice that the | ||
application has been received. Within 48 hours of receiving | ||
such an application, the online voter registration system shall | ||
send by electronic mail, a notice informing the applicant of | ||
whether the following information has been matched with the | ||
Secretary of State database: | ||
(1) that the applicant has an authentic Illinois | ||
driver's license or State identification card issued by the | ||
Secretary of State and that the driver's license or State | ||
identification number provided by the applicant matches |
the driver's license or State identification card number | ||
for that person on file with the Secretary of State; | ||
(2) that the date of issuance of the Illinois driver's | ||
license or State identification card listed on the | ||
application matches the date of issuance of that card for | ||
that person on file with the Secretary of State; | ||
(3) that the date of birth provided by the applicant | ||
matches the date of birth for that person on file with the | ||
Secretary of State; and | ||
(4) that the last 4 digits of the applicant's social | ||
security number matches the last four digits for that | ||
person on file with the Secretary of State. | ||
(h) If the information provided by the applicant matches | ||
the information on the Secretary of State's databases for any | ||
driver's license and State identification card holder and is | ||
matched as provided in subsection (g) above, the online voter | ||
registration system shall: | ||
(1) retrieve from the Secretary of State's database | ||
files an electronic copy of the applicant's signature from | ||
his or her Illinois driver's license or State | ||
identification card and such signature shall be deemed to | ||
be the applicant's signature on his or her online voter | ||
registration application; | ||
(2) within 2 days of receiving the application, forward | ||
to the county clerk or board of election commissioners | ||
having jurisdiction over the applicant's voter |
registration: (i) the application, along with the | ||
applicant's relevant data that can be directly loaded into | ||
the jurisdiction's voter registration system and (ii) a | ||
copy of the applicant's electronic signature and a | ||
certification from the State Board of Elections that the | ||
applicant's driver's license or State identification card | ||
number, driver's license or State identification card date | ||
of issuance, and date of birth and social security | ||
information have been successfully matched. | ||
(i) Upon receipt of the online voter registration | ||
application, the county clerk or board of election | ||
commissioners having jurisdiction over the applicant's voter | ||
registration shall promptly search its voter registration | ||
database to determine whether the applicant is already | ||
registered to vote at the address on the application and | ||
whether the new registration would create a duplicate | ||
registration. If the applicant is already registered to vote at | ||
the address on the application, the clerk or board, as the case | ||
may be, shall send the applicant by first class mail, and | ||
electronic mail if the applicant has provided an electronic | ||
mail address on the original voter registration form for that | ||
address, a disposition notice as otherwise required by law | ||
informing the applicant that he or she is already registered to | ||
vote at such address. If the applicant is not already | ||
registered to vote at the address on the application and the | ||
applicant is otherwise eligible to register to vote, the clerk |
or board, as the case may be, shall: | ||
(1) enter the name and address of the applicant on the | ||
list of registered voters in the jurisdiction; and | ||
(2) send by mail, and electronic mail if the applicant | ||
has provided an electronic mail address on the voter | ||
registration form, a disposition notice to the applicant as | ||
otherwise provided by law setting forth the applicant's | ||
name and address as it appears on the application and | ||
stating that the person is registered to vote. | ||
(j) An electronic signature of the person submitting a | ||
duplicate registration application or a change of address form | ||
that is retrieved and imported from the Secretary of State's | ||
driver's license or State identification card database as | ||
provided herein may, in the discretion of the clerk or board, | ||
be substituted for and replace any existing signature for that | ||
individual in the voter registration database of the county | ||
clerk or board of election commissioners. | ||
(k) Any new registration or change of address submitted | ||
electronically as provided in this Section shall become | ||
effective as of the date it is received by the county clerk or | ||
board of election commissioners having jurisdiction over said | ||
registration. Disposition notices prescribed in this Section | ||
shall be sent within 5 business days of receipt of the online | ||
application or change of address by the county clerk or board | ||
of election commissioners. | ||
(l) All provisions of this Code governing voter |
registration and applicable thereto and not inconsistent with | ||
this Section shall apply to online voter registration under | ||
this Section. All applications submitted on a website | ||
maintained by the State Board of Elections shall be deemed | ||
timely filed if they are submitted no later than 11:59 p.m. on | ||
the final day for voter registration prior to an election. | ||
After the registration period for an upcoming election has | ||
ended and until the 2nd day following such election, the web | ||
page containing the online voter registration form on the State | ||
Board of Elections website shall inform users of the procedure | ||
for grace period voting. | ||
(m) The State Board of Elections shall maintain a list of | ||
the name, street address, e-mail address, and likely precinct, | ||
ward, township, and district numbers, as the case may be, of | ||
people who apply to vote online through the voter registration | ||
system and those names and that information shall be stored in | ||
an electronic format on its website, arranged by county and | ||
accessible to State and local political committees. | ||
(n) The Illinois State Board of Elections shall submit a | ||
report to the General Assembly and the Governor by January 31, | ||
2014 detailing the progress made to implement the online voter | ||
registration system described in this Section. | ||
(o) The online voter registration system provided for in | ||
this Section shall be fully operational by July 1, 2014. | ||
(10 ILCS 5/1A-25) |
Sec. 1A-25. Centralized statewide voter registration list. | ||
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.
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(2) With the exception of voter registration forms | ||
submitted electronically through an online voter | ||
registration system, all All new voter registration forms | ||
and applications to register to vote, including those | ||
reviewed by the Secretary of State at a driver services | ||
facility, shall be transmitted only to the appropriate | ||
election authority as required by Articles 4, 5, and 6 of | ||
this Code and not to the State Board of Elections. All | ||
voter registration forms submitted electronically to the | ||
State Board of Elections through an online voter | ||
registration system shall be transmitted to the | ||
appropriate election authority as required by Section | ||
1A-16.5. The election authority shall process and verify | ||
each voter registration form and electronically enter | ||
verified registrations on an expedited basis onto the | ||
statewide voter registration list. All original | ||
registration cards shall remain permanently in the office | ||
of the election authority as required by this Code.
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(3) The centralized statewide voter registration list | ||
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 | ||
absentee 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.
| ||
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: 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.
| ||
(Source: P.A. 94-136, eff. 7-7-05; 94-645, eff. 8-22-05; | ||
95-331, eff. 8-21-07.)
| ||
(10 ILCS 5/4-8) (from Ch. 46, par. 4-8)
| ||
Sec. 4-8. The county clerk shall provide a sufficient | ||
number of blank
forms for the registration of electors, which | ||
shall be known as
registration record cards and which shall | ||
consist of loose leaf sheets
or cards, of suitable size to | ||
contain in plain writing and figures the
data hereinafter | ||
required thereon or shall consist of computer cards of
suitable | ||
nature to contain the data required thereon. The registration | ||
record
cards, which shall include an affidavit of registration | ||
as hereinafter
provided, shall be executed in duplicate.
| ||
The registration record card shall contain the following | ||
and such
other information as the county clerk may think it |
proper to require for
the identification of the applicant for | ||
registration:
| ||
Name. The name of the applicant, giving surname and first | ||
or
Christian name in full, and the middle name or the initial | ||
for such
middle name, if any.
| ||
Sex.
| ||
Residence. The name and number of the street, avenue, or | ||
other location of
the dwelling, including the apartment, unit | ||
or room number, if any, and in the
case of a mobile home the lot | ||
number, and such additional clear and definite
description as | ||
may be necessary to determine the exact location of the
| ||
dwelling of the applicant. Where the location cannot be | ||
determined by
street and number, then the section, | ||
congressional township and range
number may be used, or such | ||
other description as may be necessary,
including post-office | ||
mailing address. In the case of a homeless individual,
the | ||
individual's voting residence that is his or her mailing | ||
address shall be
included on his or her registration record | ||
card.
| ||
Term of residence in the State of Illinois and precinct. | ||
This
information shall be furnished by the applicant stating | ||
the place or
places where he resided and the dates during which | ||
he resided in such
place or places during the year next | ||
preceding the date of the next
ensuing election.
| ||
Nativity. The state or country in which the applicant was | ||
born.
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Citizenship. Whether the applicant is native born or | ||
naturalized. If
naturalized, the court, place, and date of | ||
naturalization.
| ||
Date of application for registration, i.e., the day, month | ||
and year
when applicant presented himself for registration.
| ||
Age. Date of birth, by month, day and year.
| ||
Physical disability of the applicant, if any, at the time | ||
of
registration, which would require assistance in voting.
| ||
The county and state in which the applicant was last | ||
registered.
| ||
Electronic mail address, if any. | ||
Signature of voter. The applicant, after the registration | ||
and in the
presence of a deputy registrar or other officer of | ||
registration shall be
required to sign his or her name in ink | ||
to the affidavit on both the
original and duplicate | ||
registration record cards.
| ||
Signature of deputy registrar or officer of registration.
| ||
In case applicant is unable to sign his name, he may affix | ||
his mark
to the affidavit. In such case the officer empowered | ||
to give the
registration oath shall write a detailed | ||
description of the applicant in
the space provided on the back | ||
or at the bottom of the card or sheet;
and shall ask the | ||
following questions and record the answers thereto:
| ||
Father's first name.
| ||
Mother's first name.
| ||
From what address did the applicant last register?
|
Reason for inability to sign name.
| ||
Each applicant for registration shall make an affidavit in
| ||
substantially the following form:
| ||
AFFIDAVIT OF REGISTRATION
| ||
STATE OF ILLINOIS
| ||
COUNTY OF .......
| ||
I hereby swear (or affirm) that I am a citizen of the | ||
United States;
that on the date of the next election I shall | ||
have resided in the State
of Illinois and in the election | ||
precinct in which I reside 30 days and
that I intend that this | ||
location shall be my residence; that
I am fully qualified to | ||
vote, and that the above statements are true.
| ||
..............................
| ||
(His or her signature or mark)
| ||
Subscribed and sworn to before me on (insert date).
| ||
..................................
| ||
Signature of registration officer.
| ||
(To be signed in presence of registrant.)
| ||
Space shall be provided upon the face of each registration | ||
record
card for the notation of the voting record of the person | ||
registered
thereon.
| ||
Each registration record card shall be numbered according | ||
to
precincts, and may be serially or otherwise marked for | ||
identification in
such manner as the county clerk may | ||
determine.
|
The registration cards shall be deemed public records and | ||
shall be
open to inspection during regular business hours, | ||
except during the 27
days immediately preceding any election. | ||
On written request of any
candidate or objector or any person | ||
intending to object to a petition, the
election authority shall | ||
extend its hours for inspection of registration
cards and other | ||
records of the election authority during the period
beginning | ||
with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||
28-3 and continuing through the termination of electoral board | ||
hearings on
any objections to petitions containing signatures | ||
of registered voters in
the jurisdiction of the election | ||
authority. The extension shall be for a
period of hours | ||
sufficient to allow adequate opportunity for examination of
the | ||
records but the election authority is not required to extend | ||
its hours
beyond the period beginning at its normal opening for | ||
business and ending
at midnight. If the business hours are so | ||
extended, the election authority
shall post a public notice of | ||
such extended hours. Registration record
cards may also be | ||
inspected, upon approval of the officer in charge of the
cards, | ||
during the 27 days immediately preceding any election.
| ||
Registration
record cards shall also be open to inspection by | ||
certified judges and poll
watchers and challengers at the | ||
polling place on election day, but only to
the extent necessary | ||
to determine the question of the right of a person to
vote or | ||
to serve as a judge of election. At no time shall poll watchers | ||
or
challengers be allowed to physically handle the registration |
record cards.
| ||
Updated copies of computer tapes or computer discs or other | ||
electronic data
processing information containing voter | ||
registration information shall
be furnished by the county clerk | ||
within 10 days after December 15 and
May
15 each year and | ||
within 10 days after each registration
period is closed to the | ||
State Board of Elections in a form
prescribed by the
Board. For | ||
the purposes of this Section, a registration period is closed | ||
27
days before the date of any regular or special election. | ||
Registration
information shall include, but not be limited to, | ||
the
following information: name, sex, residence, telephone | ||
number, if any,
age, party affiliation, if applicable, | ||
precinct, ward, township,
county, and representative, | ||
legislative and
congressional districts. In the event of | ||
noncompliance, the State
Board of Elections is directed to | ||
obtain compliance forthwith with this
nondiscretionary duty of | ||
the election authority by instituting legal
proceedings in the | ||
circuit court of the county in which the election
authority | ||
maintains the registration information. The costs of | ||
furnishing
updated copies of tapes or discs shall be paid at a | ||
rate of $.00034 per
name of registered voters in the election | ||
jurisdiction, but not less than
$50 per tape or disc and shall | ||
be paid from appropriations made to the
State Board of | ||
Elections for reimbursement to the election authority for
such | ||
purpose. The State Board shall furnish copies of such tapes, | ||
discs, other
electronic data or compilations thereof to state |
political committees
registered pursuant to the Illinois | ||
Campaign Finance Act or the Federal
Election Campaign Act and | ||
to governmental entities, at their request and at a reasonable | ||
cost.
To protect the privacy and confidentiality of voter | ||
registration information,
the disclosure
of electronic voter | ||
registration records 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: 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 centralized statewide | ||
voter registration 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. Copies of
the tapes, | ||
discs, or other electronic data shall be furnished by the | ||
county
clerk to local political committees and governmental | ||
entities at their request and at a
reasonable cost.
Reasonable | ||
cost of the tapes, discs, et cetera for
this purpose would be | ||
the cost of duplication plus 15% for
administration. The | ||
individual representing a political committee
requesting | ||
copies of such tapes shall make a sworn affidavit that the
|
information shall be used only for bona fide political | ||
purposes,
including by or for candidates for office or | ||
incumbent office holders.
Such tapes, discs or other electronic | ||
data shall not be used under any
circumstances by any political | ||
committee or individuals for purposes of
commercial | ||
solicitation or other business purposes. If such tapes
contain | ||
information on county residents related to the operations of
| ||
county government in addition to registration information, | ||
that
information shall not be used under any circumstances for | ||
commercial
solicitation or other business purposes. The | ||
prohibition in this
Section against using the computer tapes or | ||
computer discs or other
electronic data processing information | ||
containing voter registration
information for purposes of | ||
commercial solicitation or other business
purposes shall be | ||
prospective only from the effective date of this
amended Act of | ||
1979. Any person who violates this provision shall be
guilty of | ||
a Class 4 felony.
| ||
The State Board of Elections shall promulgate, by October | ||
1, 1987, such
regulations as may be necessary to ensure | ||
uniformity throughout the State
in electronic data processing | ||
of voter registration information. The
regulations shall | ||
include, but need not be limited to, specifications for
uniform | ||
medium, communications protocol and file structure to be | ||
employed
by the election authorities of this State in the | ||
electronic data processing
of voter registration information. | ||
Each election authority utilizing
electronic data processing |
of voter registration information shall comply
with such | ||
regulations on and after May 15, 1988.
| ||
If the applicant for registration was last registered in | ||
another
county within this State, he shall also sign a | ||
certificate authorizing
cancellation of the former | ||
registration. The certificate shall be in
substantially the | ||
following form:
| ||
To the County Clerk of.... County, Illinois. (or)
| ||
To the Election Commission of the City of ...., Illinois.
| ||
This is to certify that I am registered in your (county) | ||
(city) and
that my residence was ............................
| ||
Having moved out of your (county) (city), I hereby authorize | ||
you to
cancel said registration in your office.
| ||
Dated at ...., Illinois, on (insert date).
| ||
.................................
| ||
(Signature of Voter)
| ||
Attest: ................, County Clerk, .............
| ||
County, Illinois.
| ||
The cancellation certificate shall be mailed immediately | ||
by the
County Clerk to the County Clerk (or election commission | ||
as the case may
be) where the applicant was formerly | ||
registered. Receipt of such
certificate shall be full authority | ||
for cancellation of any previous
registration.
| ||
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; | ||
94-136, eff. 7-7-05.)
|
(10 ILCS 5/4-10) (from Ch. 46, par. 4-10)
| ||
Sec. 4-10.
Except as herein provided, no person shall be | ||
registered,
unless he applies in person to a registration | ||
officer, answers such
relevant questions as may be asked of him | ||
by the registration officer,
and executes the affidavit of | ||
registration. The registration officer shall
require the | ||
applicant to furnish two forms of identification, and except in | ||
the
case of a homeless individual, one of which must include | ||
his or her residence
address. These forms of identification | ||
shall include, but not be limited to,
any of the following: | ||
driver's license, social security card, public aid
| ||
identification card, utility bill, employee or student | ||
identification card,
lease or contract for a residence, credit | ||
card, or a civic, union or professional association membership | ||
card.
The registration officer shall require a homeless | ||
individual to furnish
evidence of his or her use of the mailing | ||
address stated. This use may be
demonstrated by a piece of mail | ||
addressed to that individual and received at
that address or by | ||
a statement from a person authorizing use of the mailing
| ||
address. The registration officer shall require each applicant | ||
for
registration to read or have read to him the affidavit of | ||
registration
before permitting him to execute the affidavit.
| ||
One of the registration officers or a deputy registration | ||
officer,
county clerk, or clerk in the office of the county | ||
clerk, shall
administer to all persons who shall personally | ||
apply to register the
following oath or affirmation:
|
"You do solemnly swear (or affirm) that you will fully and | ||
truly
answer all such questions as shall be put to you touching | ||
your name,
place of residence, place of birth, your | ||
qualifications as an elector
and your right as such to register | ||
and vote under the laws of the State
of Illinois."
| ||
The registration officer shall satisfy himself that each | ||
applicant
for registration is qualified to register before | ||
registering him. If the
registration officer has reason to | ||
believe that the applicant is a resident
of a Soldiers' and | ||
Sailors' Home or any facility which is licensed or certified
| ||
pursuant to the Nursing Home Care Act, the Specialized Mental | ||
Health Rehabilitation Act, or the ID/DD Community Care Act, the | ||
following question shall be put,
"When you entered the home | ||
which is your present address, was it your bona
fide intention | ||
to become a resident thereof?" Any voter of a township, city,
| ||
village or incorporated town in which such applicant resides, | ||
shall be
permitted to be present at the place of any precinct | ||
registration and shall
have the right to challenge any | ||
applicant who applies to be registered.
| ||
In case the officer is not satisfied that the applicant is | ||
qualified
he shall forthwith notify such applicant in writing | ||
to appear before the
county clerk to complete his registration. | ||
Upon the card of such
applicant shall be written the word | ||
"incomplete" and no such applicant
shall be permitted to vote | ||
unless such registration is satisfactorily
completed as | ||
hereinafter provided. No registration shall be taken and
marked |
as incomplete if information to complete it can be furnished on
| ||
the date of the original application.
| ||
Any person claiming to be an elector in any election | ||
precinct and
whose registration card is marked "Incomplete" may | ||
make and sign an
application in writing, under oath, to the | ||
county clerk in substance in
the following form:
| ||
"I do solemnly swear that I, ...., did on (insert date) | ||
make
application to the board of registry of the .... precinct | ||
of the township of
.... (or to the county clerk of .... county) | ||
and that said board or clerk
refused to complete my | ||
registration as a qualified voter in said
precinct. That I | ||
reside in said precinct, that I intend to reside in said
| ||
precinct, and am a duly qualified voter of said precinct and am | ||
entitled to be
registered to vote in said precinct at the next | ||
election.
| ||
(Signature of applicant) ............................."
| ||
All such applications shall be presented to the county | ||
clerk or to
his duly authorized representative by the | ||
applicant, in person between
the hours of 9:00 a.m. and 5:00 | ||
p.m. on any day after the days on
which the 1969 and 1970 | ||
precinct re-registrations are held but not on
any day within 27 | ||
days preceding the ensuing general election and
thereafter for | ||
the registration provided in Section 4-7 all such
applications | ||
shall be presented to the county clerk or his duly
authorized | ||
representative by the applicant in person between the hours
of |
9:00 a.m. and 5:00 p.m. on any day prior to 27 days preceding | ||
the
ensuing general election. Such application shall be heard | ||
by the county
clerk or his duly authorized representative at | ||
the time the application
is presented. If the applicant for | ||
registration has registered with the
county clerk, such | ||
application may be presented to and heard by the
county clerk | ||
or by his duly authorized representative upon the dates
| ||
specified above or at any time prior thereto designated by the | ||
county clerk.
| ||
Any otherwise qualified person who is absent from his | ||
county of
residence either due to business of the United States | ||
or because he is
temporarily outside the territorial limits of | ||
the United States may
become registered by mailing an | ||
application to the county clerk within
the periods of | ||
registration provided for in this Article, or by simultaneous
| ||
application for absentee registration and absentee ballot as | ||
provided in
Article 20 of this Code.
| ||
Upon receipt of such application the county clerk shall | ||
immediately
mail an affidavit of registration in duplicate, | ||
which affidavit shall
contain the following and such other | ||
information as the State Board of
Elections may think it proper | ||
to require for the identification of the
applicant:
| ||
Name. The name of the applicant, giving surname and first | ||
or
Christian name in full, and the middle name or the initial | ||
for such
middle name, if any.
| ||
Sex.
|
Residence. The name and number of the street, avenue or | ||
other
location of the dwelling, and such additional clear and | ||
definite
description as may be necessary to determine the exact | ||
location of the
dwelling of the applicant. Where the location | ||
cannot be determined by
street and number, then the Section, | ||
congressional township and range
number may be used, or such | ||
other information as may be necessary,
including post office | ||
mailing address.
| ||
Electronic mail address, if the registrant has provided | ||
this information. | ||
Term of residence in the State of Illinois and the | ||
precinct.
| ||
Nativity. The State or country in which the applicant was | ||
born.
| ||
Citizenship. Whether the applicant is native born or | ||
naturalized. If
naturalized, the court, place and date of | ||
naturalization.
| ||
Age. Date of birth, by month, day and year.
| ||
Out of State address of ..........................
| ||
AFFIDAVIT OF REGISTRATION
| ||
State of ...........)
| ||
)ss
| ||
County of ..........)
| ||
I hereby swear (or affirm) that I am a citizen of the | ||
United States;
that on the day of the next election I shall | ||
have resided in the State
of Illinois and in the election |
precinct 30 days; that I am
fully qualified to vote, that I am | ||
not registered to vote anywhere else
in the United States, that | ||
I intend to remain a resident of the State of
Illinois and of | ||
the election precinct, that I intend to return to the State
of | ||
Illinois, and that the above statements are true.
| ||
..............................
| ||
(His or her signature or mark)
| ||
Subscribed and sworn to before me, an officer qualified to | ||
administer
oaths, on (insert date).
| ||
........................................
| ||
Signature of officer administering oath.
| ||
Upon receipt of the executed duplicate affidavit of | ||
Registration, the
county clerk shall transfer the information | ||
contained thereon to
duplicate Registration Cards provided for | ||
in Section 4-8 of this Article
and shall attach thereto a copy | ||
of each of the duplicate affidavit of
registration and | ||
thereafter such registration card and affidavit shall
| ||
constitute the registration of such person the same as if he | ||
had applied
for registration in person.
| ||
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; | ||
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||
97-813, eff. 7-13-12.)
| ||
(10 ILCS 5/4-12) (from Ch. 46, par. 4-12)
| ||
Sec. 4-12.
Any voter or voters in the township, city, | ||
village or
incorporated town containing such precinct, and any |
precinct committeeman
in the county, may, between the hours of | ||
9:00
a.m. and 5:00 p.m. of Monday and Tuesday of the second | ||
week prior to the
week in which the 1970 primary election for | ||
the nomination of candidates
for State and county offices or | ||
any election thereafter is to be held, make
application in | ||
writing, to the county clerk, to have any name upon the
| ||
register of any precinct erased. Such application shall be, in | ||
substance,
in the words and figures following:
| ||
"I being a qualified voter, registered from No. .... Street | ||
in the ....
precinct of the .... ward of the city (village or | ||
town of) .... (or of the
.... town of ....) do hereby solemnly | ||
swear (or affirm) that ....
registered from No. .... Street is | ||
not a qualified voter in the ....
precinct of .... ward of the | ||
city (village or town) of .... (or of the ....
town of ....) | ||
and hence I ask that his name be erased from the register of
| ||
such precinct for the following reason .....
| ||
Affiant further says that he has personal knowledge of the | ||
facts set
forth in the above affidavit.
| ||
(Signed) .....
| ||
Subscribed and sworn to before me on (insert date).
| ||
....
| ||
....
| ||
....."
| ||
Such application shall be signed and sworn to by the | ||
applicant before
the county clerk or any deputy authorized by |
the county clerk for that
purpose, and filed with said clerk. | ||
Thereupon notice of such application,
and of the time and place | ||
of hearing thereon, with a demand to appear
before the county | ||
clerk and show cause why his name shall not be erased
from said | ||
register, shall be mailed, in an envelope duly stamped and
| ||
directed to such person at the address upon said register, at | ||
least four
days before the day fixed in said notice to show | ||
cause. If such person has provided the election authority with | ||
an e-mail address, then the election authority shall also send | ||
the same notice by electronic mail at least 4 days before the | ||
day fixed in said notice to show cause.
| ||
A like notice shall be mailed to the person or persons | ||
making the
application to have the name upon such register | ||
erased to appear and show
cause why said name should be erased, | ||
the notice to set out the day and
hour of such hearing. If the | ||
voter making such application fails to appear
before said clerk | ||
at the time set for the hearing as fixed in the said
notice or | ||
fails to show cause why the name upon such register shall be
| ||
erased, the application to erase may be dismissed by the county | ||
clerk.
| ||
Any voter making the application is privileged from arrest | ||
while
presenting it to the county clerk, and while going to and | ||
from the office
of the county clerk.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(10 ILCS 5/4-15) (from Ch. 46, par. 4-15)
|
Sec. 4-15.
Within 5 days after a person registers or | ||
transfers his
registration with at the office of the election | ||
authority county clerk , such election authority clerk shall | ||
send by
mail , and by electronic mail if the registrant has | ||
provided the election authority with an e-mail address, a | ||
certificate to such person setting forth the elector's name and
| ||
address as it appears upon the registration record card, and | ||
shall request
him in case of any error to present the | ||
certificate on or before the 7th
day next ensuing at the office | ||
of the election authority county clerk in order to secure
| ||
correction of the error. The certificate shall contain on the | ||
outside a
request for the postmaster to return it within 5 days | ||
if it cannot be
delivered to the addressee at the address given | ||
thereon. Upon the return by
the post office of a certificate | ||
which it has been unable to deliver at the
given address | ||
because the addressee cannot be found there or because no
such | ||
address exists, a notice shall be at once sent through the | ||
United
States mail to such person at the address appearing upon | ||
his registration
record card requiring him to appear before the | ||
election authority county clerk , within 5 days,
to answer | ||
questions touching his right to register. If the person | ||
notified
fails to appear at the election authority's county | ||
clerk's office within 5 days as directed or
if he appears and | ||
fails to prove his right to register, the election authority | ||
county clerk
shall mark his registration card as incomplete and | ||
he shall not be
permitted to vote until his registration is |
satisfactorily completed.
| ||
If an elector possesses such a certificate valid on its | ||
face, if his
name does not expressly appear to have been erased | ||
or withdrawn from the
precinct list as corrected and revised as | ||
provided by Section 4-11 of this
Article, if he makes an | ||
affidavit and attaches such certificate thereto,
and if such | ||
affidavit substantially in the form prescribed in Section 17-10
| ||
of this Act is sworn to before a judge of election on suitable | ||
forms
provided by the election authority county clerk for that | ||
purpose, such elector shall be
permitted to vote even though | ||
his duplicate registration card is not to be
found in the | ||
precinct binder and even though his name is not to be found
| ||
upon the printed or any other list.
| ||
(Source: Laws 1961, p. 3394 .)
| ||
(10 ILCS 5/4-33)
| ||
Sec. 4-33. Computerization of voter records.
| ||
(a) The State Board of Elections shall design a | ||
registration record card
that, except as otherwise provided in | ||
this Section, shall be used in duplicate
by all election | ||
authorities in the State adopting a computer-based voter
| ||
registration file as provided in this Section. The Board shall | ||
prescribe the
form
and specifications, including but not | ||
limited to the weight of paper, color,
and print of the cards. | ||
The cards shall contain boxes or spaces for the
information | ||
required under Sections 4-8 and 4-21; provided that
the cards |
shall also contain: (i) A space for a person to fill in his or | ||
her
Illinois driver's license number if the person has a | ||
driver's license; (ii) A
space for a person without a driver's | ||
license to fill in the last four digits
of his or her social | ||
security number if the person has a social security
number.
| ||
(b) The election authority may develop and implement a | ||
system
to prepare,
use, and maintain a computer-based voter | ||
registration file that includes a
computer-stored image of the | ||
signature of each voter. The computer-based voter
registration | ||
file may be used for all purposes for which the original
| ||
registration cards are to be used, provided that a system for | ||
the storage of at
least one copy of the original registration | ||
cards remains in effect.
In the case of voter registration | ||
forms received via an online voter registration system, the | ||
original registration cards will include the signature | ||
received from the Secretary of State database. The electronic | ||
file shall be the master file.
| ||
(c) Any system created, used, and maintained under | ||
subsection
(b) of this
Section shall meet the following | ||
standards:
| ||
(1) Access to any computer-based voter registration | ||
file shall be limited
to those persons authorized by the | ||
election authority, and each access to the
computer-based | ||
voter registration file, other than an access solely for
| ||
inquiry, shall be recorded.
| ||
(2) No copy, summary, list, abstract, or index of any |
computer-based voter
registration file that includes any | ||
computer-stored image of the signature of
any registered | ||
voter shall be made available to the public outside of the
| ||
offices of the election authority.
| ||
(3) Any copy, summary, list, abstract, or index of any | ||
computer-based
voter
registration file that includes a | ||
computer-stored image of the signature of a
registered | ||
voter shall be produced in such a manner that it cannot be
| ||
reproduced.
| ||
(4) Each person desiring to vote shall sign an | ||
application for a ballot,
and the signature comparison | ||
authorized in Articles 17 and 18 of this Code may
be made | ||
to a copy of the computer-stored image of the signature of | ||
the
registered voter.
| ||
(5) Any voter list produced from a computer-based voter | ||
registration file
that includes computer-stored images of | ||
the signatures of registered voters and
is used in a | ||
polling place during an election shall be preserved by the
| ||
election authority in secure storage until the end of the | ||
second calendar year
following the election in which it was | ||
used.
| ||
(d) Before the first election in which the election | ||
authority
elects to use
a voter list produced from the | ||
computer-stored images of the signatures of
registered voters | ||
in a computer-based voter registration file for signature
| ||
comparison in a polling place, the State Board of Elections |
shall certify that
the system used by the election authority | ||
complies with the standards set forth
in this Section. The | ||
State Board of Elections may request a sample poll list
| ||
intended to be used in a polling place to test the accuracy of | ||
the list and the
adequacy of the computer-stored images of the | ||
signatures of the registered
voters.
| ||
(e) With respect to a jurisdiction that has copied all of | ||
its
voter
signatures into a computer-based registration file, | ||
all references in this Act
or any other Act to the use, other | ||
than storage, of paper-based voter
registration records shall | ||
be deemed to refer to their computer-based
equivalents.
| ||
(f) Nothing in this Section prevents an election authority | ||
from
submitting to the State Board of Elections a duplicate | ||
copy of some, as the
State Board of Elections shall determine, | ||
or all of the data contained in each
voter registration record | ||
that is part of the electronic master file. The
duplicate copy | ||
of the registration record shall be maintained by the State
| ||
Board of Elections under the same terms and limitations | ||
applicable to the
election authority and shall be of equal | ||
legal dignity with the original
registration record maintained | ||
by the election authority as proof of any fact
contained in the | ||
voter registration record.
| ||
(Source: P.A. 93-574, eff. 8-21-03.)
| ||
(10 ILCS 5/4-50) | ||
Sec. 4-50. Grace period. Notwithstanding any other |
provision of this
Code to the contrary, each election authority | ||
shall
establish procedures for the registration of voters and | ||
for change of address during the period from the close of
| ||
registration for a primary or election and until the 3rd day | ||
before the
primary or election. During this grace period, an | ||
unregistered qualified
elector may
register to vote, and a | ||
registered voter may submit a change of address form, in person | ||
in the office of the election
authority or at a voter | ||
registration location specifically designated for this
purpose | ||
by the election authority. The election authority shall
| ||
register that individual, or change a registered voter's | ||
address, in the same manner as otherwise provided by this | ||
Article for registration and change of address. | ||
If a voter who registers or changes address during this | ||
grace period wishes to vote at the first election or primary | ||
occurring after the grace period, he or she must do so by grace | ||
period voting , either in person in the office of the election | ||
authority or at a location specifically designated for this | ||
purpose by the election authority, or by mail, at the | ||
discretion of the election authority . The election authority | ||
shall offer in-person grace period voting at the authority's | ||
office and may offer in-person grace period voting at | ||
additional locations specifically designated for the purpose | ||
of grace period voting by the election authority. The election | ||
authority may allow grace period voting by mail only if the | ||
election authority has no ballots prepared at the authority's |
office. Grace period voting shall be in a manner substantially | ||
similar to voting under Article 19. | ||
Within one day after a voter casts a grace period ballot, | ||
or within one day after the ballot is received by the election | ||
authority if the election authority allows grace period voting | ||
by mail, the election authority shall transmit by electronic | ||
means pursuant to a process established by the State Board of | ||
Elections the voter's name, street address, e-mail address, and | ||
precinct, ward, township, and district numbers, as the case may | ||
be, to the State Board of Elections, which shall maintain those | ||
names and that information in an electronic format on its | ||
website, arranged by county and accessible to State and local | ||
political committees. The name of each person issued a grace | ||
period ballot shall also be placed on the appropriate precinct | ||
list of persons to whom absentee and early ballots have been | ||
issued, for use as provided in Sections 17-9 and 18-5. | ||
A person who casts a grace period ballot shall not be | ||
permitted to revoke that ballot and vote another ballot with | ||
respect to that primary or election. Ballots cast by persons | ||
who register or change address during the grace period must be | ||
transmitted to and counted at the election authority's central | ||
ballot counting location and shall not be transmitted to and | ||
counted at precinct polling places.
The grace period ballots | ||
determined to be valid shall be added to the vote totals for | ||
the precincts for which they were cast in the order in which | ||
the ballots were opened.
|
(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
| ||
(10 ILCS 5/5-7)
(from Ch. 46, par. 5-7)
| ||
Sec. 5-7. The county clerk shall provide a sufficient | ||
number of
blank forms for the registration of electors which | ||
shall be known as
registration record cards and which shall | ||
consist of loose leaf sheets
or cards, of suitable size to | ||
contain in plain writing and figures the
data hereinafter | ||
required thereon or shall consist of computer cards of
suitable | ||
nature to contain the data required thereon. The registration
| ||
record cards, which shall include an affidavit of registration | ||
as
hereinafter provided, shall be executed in duplicate.
| ||
The registration record card shall contain the following | ||
and such
other information as the county clerk may think it | ||
proper to require for
the identification of the applicant for | ||
registration:
| ||
Name. The name of the applicant, giving surname and first | ||
or
Christian name in full, and the middle name or the initial | ||
for such
middle name, if any.
| ||
Sex.
| ||
Residence. The name and number of the street, avenue, or | ||
other
location of the dwelling, including the apartment, unit | ||
or room number,
if any, and in the case of a mobile home the lot | ||
number, and such additional
clear and definite description as | ||
may be necessary to determine the exact
location of the | ||
dwelling of the applicant, including post-office mailing
|
address. In the case of a homeless individual, the individual's | ||
voting
residence that is his or her mailing address shall be | ||
included on his or her
registration record card.
| ||
Term of residence in the State of Illinois and the | ||
precinct. Which
questions may be answered by the applicant | ||
stating, in excess of 30 days
in the State and in excess of 30 | ||
days in the precinct.
| ||
Nativity. The State or country in which the applicant was | ||
born.
| ||
Citizenship. Whether the applicant is native born or | ||
naturalized. If
naturalized, the court, place and date of | ||
naturalization.
| ||
Date of application for registration, i.e., the day, month | ||
and year
when applicant presented himself for registration.
| ||
Age. Date of birth, by month, day and year.
| ||
Physical disability of the applicant, if any, at the time | ||
of
registration, which would require assistance in voting.
| ||
The county and state in which the applicant was last | ||
registered.
| ||
Electronic mail address, if any. | ||
Signature of voter. The applicant, after the registration | ||
and in the
presence of a deputy registrar or other officer of | ||
registration shall be
required to sign his or her name in ink | ||
to the affidavit on the original
and duplicate registration | ||
record card.
| ||
Signature of Deputy Registrar.
|
In case applicant is unable to sign his name, he may affix | ||
his mark
to the affidavit. In such case the officer empowered | ||
to give the
registration oath shall write a detailed | ||
description of the applicant in
the space provided at the | ||
bottom of the card or sheet; and shall ask the
following | ||
questions and record the answers thereto:
| ||
Father's first name .......................
| ||
Mother's first name .......................
| ||
From what address did you last register?
| ||
Reason for inability to sign name.
| ||
Each applicant for registration shall make an affidavit in
| ||
substantially the following form:
| ||
AFFIDAVIT OF REGISTRATION
| ||
State of Illinois)
| ||
)ss
| ||
County of )
| ||
I hereby swear (or affirm) that I am a citizen of the | ||
United States;
that on the date of the next election I shall | ||
have resided in the State
of Illinois and in the election | ||
precinct in which I reside 30 days; that
I am fully qualified | ||
to vote. That I intend that this location shall be
my residence | ||
and that the above statements are true.
| ||
..............................
| ||
(His or her signature or mark)
| ||
Subscribed and sworn to before me on (insert date).
| ||
.........................................
|
Signature of Registration Officer.
| ||
(To be signed in presence of Registrant.)
| ||
Space shall be provided upon the face of each registration | ||
record
card for the notation of the voting record of the person | ||
registered
thereon.
| ||
Each registration record card shall be numbered according | ||
to towns
and precincts, wards, cities and villages, as the case | ||
may be, and may
be serially or otherwise marked for | ||
identification in such manner as the
county clerk may | ||
determine.
| ||
The registration cards shall be deemed public records and | ||
shall be
open to inspection during regular business hours, | ||
except during the 27
days immediately preceding any election. | ||
On written request of any
candidate or objector or any person | ||
intending to object to a petition, the
election authority shall | ||
extend its hours for inspection of registration
cards and other | ||
records of the election authority during the period
beginning | ||
with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||
28-3 and continuing through the termination of electoral board | ||
hearings on
any objections to petitions containing signatures | ||
of registered voters in
the jurisdiction of the election | ||
authority. The extension shall be for a
period of hours | ||
sufficient to allow adequate opportunity for examination of
the | ||
records but the election authority is not required to extend | ||
its hours
beyond the period beginning at its normal opening for |
business and ending
at midnight. If the business hours are so | ||
extended, the election authority
shall post a public notice of | ||
such extended hours. Registration record cards
may also be | ||
inspected, upon approval of the officer in charge of the cards,
| ||
during the 27 days immediately preceding any election. | ||
Registration
record
cards shall also be open to inspection by | ||
certified judges and poll watchers
and challengers at the | ||
polling place on election day, but only to the extent
necessary | ||
to determine the question of the right of a person to vote or | ||
to
serve as a judge of election. At no time shall poll watchers | ||
or challengers be
allowed to physically handle the registration | ||
record cards.
| ||
Updated copies of computer tapes or computer discs or other | ||
electronic data
processing information containing voter | ||
registration information shall
be furnished by the county clerk | ||
within 10 days after December 15 and
May
15 each year and | ||
within 10 days after each registration
period is closed to the | ||
State Board of Elections in a form
prescribed by the
Board. For | ||
the purposes of this Section, a registration period is closed | ||
27
days before the date of any regular or special election. | ||
Registration
information
shall include, but not be limited to, | ||
the
following information: name, sex, residence, telephone | ||
number, if any, age,
party affiliation, if applicable, | ||
precinct, ward, township, county, and
representative, | ||
legislative and congressional districts. In the event of
| ||
noncompliance, the State Board of Elections is directed to |
obtain compliance
forthwith with this nondiscretionary duty of | ||
the election authority by
instituting legal proceedings in the | ||
circuit court of the county in which the
election authority | ||
maintains the registration information. The costs of
| ||
furnishing updated copies of tapes or discs shall be paid at a | ||
rate of $.00034
per name of registered voters in the election | ||
jurisdiction, but not less than
$50 per tape or disc and shall | ||
be paid from appropriations made to the State
Board of | ||
Elections for reimbursement to the election authority for such
| ||
purpose. The State Board shall furnish copies of such tapes, | ||
discs, other electronic
data or compilations thereof to state | ||
political committees registered pursuant
to the Illinois | ||
Campaign Finance Act or the Federal Election Campaign Act and | ||
to governmental entities, at
their request and at a reasonable | ||
cost.
To protect the privacy and confidentiality of voter | ||
registration information,
the disclosure
of electronic voter | ||
registration records 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: 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 centralized statewide | ||
voter registration 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.
Copies of the tapes, | ||
discs or other
electronic data shall be furnished by the county | ||
clerk to local political
committees and governmental entities | ||
at their request and at a reasonable cost. Reasonable cost of | ||
the
tapes, discs, et cetera for this purpose would be the cost | ||
of duplication plus
15% for administration. The individual | ||
representing a political committee
requesting copies of such | ||
tapes shall make a sworn affidavit that the
information shall | ||
be used only for bona fide political purposes,
including by or | ||
for candidates for office or incumbent office holders.
Such | ||
tapes, discs or other electronic data shall not be used under | ||
any
circumstances by any political committee or individuals for | ||
purposes of
commercial solicitation or other business | ||
purposes. If such tapes
contain information on county residents | ||
related to the operations of
county government in addition to | ||
registration information, that
information shall not be used | ||
under any circumstances for commercial
solicitation or other | ||
business purposes. The prohibition in this
Section against | ||
using the computer tapes or computer discs or other
electronic | ||
data processing information containing voter registration
| ||
information for purposes of commercial solicitation or other | ||
business
purposes shall be prospective only from the effective | ||
date of this
amended Act of 1979. Any person who violates this |
provision shall be
guilty of a Class 4 felony.
| ||
The State Board of Elections shall promulgate, by October | ||
1, 1987, such
regulations as may be necessary to ensure | ||
uniformity throughout the State
in electronic data processing | ||
of voter registration information. The
regulations shall | ||
include, but need not be limited to, specifications for
uniform | ||
medium, communications protocol and file structure to be | ||
employed
by the election authorities of this State in the | ||
electronic data processing
of voter registration information. | ||
Each election authority utilizing
electronic data processing | ||
of voter registration information shall comply
with such | ||
regulations on and after May 15, 1988.
| ||
If the applicant for registration was last registered in | ||
another
county within this State, he shall also sign a | ||
certificate authorizing
cancellation of the former | ||
registration. The certificate shall be in
substantially the | ||
following form:
| ||
To the County Clerk of .... County, Illinois. To the Election
| ||
Commission of the City of ...., Illinois.
| ||
This is to certify that I am registered in your (county) | ||
(city) and
that my residence was .....
| ||
Having moved out of your (county) (city), I hereby | ||
authorize you to
cancel said registration in your office.
| ||
Dated at .... Illinois, on (insert date).
| ||
....................
| ||
(Signature of Voter)
|
Attest ......, County Clerk, ........ County, Illinois.
| ||
The cancellation certificate shall be mailed immediately | ||
by the
county clerk to the county clerk (or election commission | ||
as the case may
be) where the applicant was formerly | ||
registered. Receipt of such
certificate shall be full authority | ||
for cancellation of any previous
registration.
| ||
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; | ||
94-136, eff. 7-7-05.)
| ||
(10 ILCS 5/5-9) (from Ch. 46, par. 5-9)
| ||
Sec. 5-9.
Except as herein provided, no person shall be | ||
registered
unless he applies in person to registration officer, | ||
answers such
relevant questions as may be asked of him by the | ||
registration officer,
and executes the affidavit of | ||
registration. The registration officer shall
require the | ||
applicant to furnish two forms of identification, and except in | ||
the
case of a homeless individual, one of which must include | ||
his or her residence
address. These forms of identification | ||
shall include, but not be limited to,
any of the following: | ||
driver's license, social security card, public aid
| ||
identification card, utility bill, employee or student | ||
identification card,
lease or contract for a residence, credit | ||
card, or a civic, union or professional association membership | ||
card.
The registration officer shall require a homeless | ||
individual to furnish
evidence of his or her use of the mailing | ||
address stated. This use may be
demonstrated by a piece of mail |
addressed to that individual and received at
that address or by | ||
a statement from a person authorizing use of the mailing
| ||
address. The registration officer shall require each applicant | ||
for registration
to read or have read to him the affidavit of | ||
registration before permitting him
to execute the affidavit.
| ||
One of the Deputy Registrars, the Judge of Registration, or | ||
an
Officer of Registration, County Clerk, or clerk in the | ||
office of the
County Clerk, shall administer to all persons who | ||
shall personally apply
to register the following oath or | ||
affirmation:
| ||
"You do solemnly swear (or affirm) that you will fully and | ||
truly
answer all such questions as shall be put to you touching | ||
your place of
residence, name, place of birth, your | ||
qualifications as an elector and
your right as such to register | ||
and vote under the laws of the State of
Illinois."
| ||
The Registration Officer shall satisfy himself that each | ||
applicant
for registration is qualified to register before | ||
registering him. If the
registration officer has reason to | ||
believe that the applicant is a resident
of a Soldiers' and | ||
Sailors' Home or any facility which is licensed or certified
| ||
pursuant to the Nursing Home Care Act, the Specialized Mental | ||
Health Rehabilitation Act, or the ID/DD Community Care Act, the | ||
following question shall be put,
"When you entered the home | ||
which is your present address, was it your bona fide
intention | ||
to become a resident thereof?" Any voter of a township, city,
| ||
village or incorporated town in which such applicant resides, |
shall be
permitted to be present at the place of precinct | ||
registration, and shall have
the right to challenge any | ||
applicant who applies to be registered.
| ||
In case the officer is not satisfied that the applicant is | ||
qualified,
he shall forthwith in writing notify such applicant | ||
to appear before the
County Clerk to furnish further proof of | ||
his qualifications. Upon the
card of such applicant shall be | ||
written the word "Incomplete" and no
such applicant shall be | ||
permitted to vote unless such registration is
satisfactorily | ||
completed as hereinafter provided. No registration shall
be | ||
taken and marked as "incomplete" if information to complete it | ||
can be
furnished on the date of the original application.
| ||
Any person claiming to be an elector in any election | ||
precinct in such
township, city, village or incorporated town | ||
and whose registration is
marked "Incomplete" may make and sign | ||
an application in writing, under
oath, to the County Clerk in | ||
substance in the following form:
| ||
"I do solemnly swear that I, .........., did on (insert | ||
date) make application to the Board of Registry of the ........
| ||
precinct of ........ ward of the City of .... or of the | ||
......... District
......... Town of .......... (or to the | ||
County Clerk of .............) and
............ County; that | ||
said Board or Clerk refused to complete my
registration as a | ||
qualified voter in said precinct, that I reside in said
| ||
precinct (or that I intend to reside in said precinct), am a | ||
duly qualified
voter and entitled to vote in said precinct at |
the next election.
| ||
...........................
| ||
(Signature of Applicant)"
| ||
All such applications shall be presented to the County | ||
Clerk by the
applicant, in person between the hours of nine | ||
o'clock a.m. and five
o'clock p.m., on Monday and Tuesday of | ||
the third week subsequent to
the weeks in which the 1961 and | ||
1962 precinct re-registrations are to be
held, and thereafter | ||
for the registration provided in Section 5-17 of
this Article, | ||
all such applications shall be presented to the County
Clerk by | ||
the applicant in person between the hours of nine o'clock a.m.
| ||
and nine o'clock p.m. on Monday and Tuesday of the third week
| ||
prior to the date on which such election is to be held.
| ||
Any otherwise qualified person who is absent from his | ||
county of
residence either due to business of the United States | ||
or because he is
temporarily outside the territorial limits of | ||
the United States may
become registered by mailing an | ||
application to the county clerk within
the periods of | ||
registration provided for in this Article or by simultaneous
| ||
application for absentee registration and absentee ballot as | ||
provided in
Article 20 of this Code.
| ||
Upon receipt of such application the county clerk shall | ||
immediately
mail an affidavit of registration in duplicate, | ||
which affidavit shall
contain the following and such other | ||
information as the State Board of
Elections may think it proper | ||
to require for the identification of the
applicant:
|
Name. The name of the applicant, giving surname and first | ||
or
Christian name in full, and the middle name or the initial | ||
for such
middle name, if any.
| ||
Sex.
| ||
Residence. The name and number of the street, avenue or | ||
other
location of the dwelling, and such additional clear and | ||
definite
description as may be necessary to determine the exact | ||
location of the
dwelling of the applicant. Where the location | ||
cannot be determined by
street and number, then the Section, | ||
congressional township and range
number may be used, or such | ||
other information as may be necessary,
including post office | ||
mailing address.
| ||
Electronic mail address, if the registrant has provided | ||
this information. | ||
Term of residence in the State of Illinois and the | ||
precinct.
| ||
Nativity. The State or country in which the applicant was | ||
born.
| ||
Citizenship. Whether the applicant is native born or | ||
naturalized. If
naturalized, the court, place and date of | ||
naturalization.
| ||
Age. Date of birth, by month, day and year.
| ||
Out of State address of ..........................
| ||
AFFIDAVIT OF REGISTRATION
| ||
State of .........)
| ||
)ss
|
County of ........)
| ||
I hereby swear (or affirm) that I am a citizen of the | ||
United States;
that on the day of the next election I shall | ||
have resided in the State
of Illinois for 6 months and in the | ||
election precinct 30 days; that I am
fully qualified to vote, | ||
that I am not registered to vote anywhere else
in the United | ||
States, that I intend to remain a resident of the State of
| ||
Illinois and of the election precinct, that I intend to return | ||
to the State
of Illinois, and that the above statements are | ||
true.
| ||
..............................
| ||
(His or her signature or mark)
| ||
Subscribed and sworn to before me, an officer qualified to | ||
administer
oaths, on (insert date).
| ||
........................................
| ||
Signature of officer administering oath.
| ||
Upon receipt of the executed duplicate affidavit of | ||
Registration, the
county clerk shall transfer the information | ||
contained thereon to
duplicate Registration Cards provided for | ||
in Section 5-7 of this Article
and shall attach thereto a copy | ||
of each of the duplicate affidavit of
registration and | ||
thereafter such registration card and affidavit shall
| ||
constitute the registration of such person the same as if he | ||
had applied
for registration in person.
| ||
|
(Source: P.A. 96-317, eff. 1-1-10; 96-339, eff. 7-1-10; | ||
96-1000, eff. 7-2-10; 97-38, eff. 6-28-11; 97-227, eff. 1-1-12; | ||
97-813, eff. 7-13-12.)
| ||
(10 ILCS 5/5-15) (from Ch. 46, par. 5-15)
| ||
Sec. 5-15.
Any voter or voters in the township, city, | ||
village, or
incorporated town containing such precinct, and any | ||
precinct committeeman
in the county, may, between the hours of | ||
nine
o'clock a.m. and six o'clock p.m. of the Monday and | ||
Tuesday of the third
week immediately preceding the week in | ||
which such April 10, 1962 Primary
Election is to be held, make | ||
application in writing, before such County
Clerk, to have any | ||
name upon such register of any precinct erased.
Thereafter such | ||
application shall be made between the hours of nine o'clock
| ||
a.m. and six o'clock p.m. of Monday and Tuesday of the second | ||
week prior
to the week in which any county, city, village, | ||
township, or incorporated
town election is to be held. Such | ||
application shall be in substance, in the
words and figures | ||
following:
| ||
"I, being a qualified voter, registered from No. .... | ||
Street in the ....
precinct of the .... Ward of the city | ||
(village or town of .... ) of
the .... District .... town of | ||
.... do hereby solemnly swear (or affirm) that
.... registered | ||
from No. .... Street is not a qualified voter in the ....
| ||
precinct of the .... ward of the city (village or town) of .... | ||
or of the
.... district town of .... hence I ask that his name |
be erased from the
register of such precinct for the following | ||
reason ..... Affiant further
says that he has personal | ||
knowledge of the facts set forth in the above
affidavit.
| ||
(Signed) .....
| ||
Subscribed and sworn to before me on (insert date).
| ||
....
| ||
....
| ||
...."
| ||
Such application shall be signed and sworn to by the | ||
applicant before
the County Clerk or any Deputy authorized by | ||
the County Clerk for that
purpose, and filed with the Clerk. | ||
Thereupon notice of such application,
with a demand to appear | ||
before the County Clerk and show cause why his name
shall not | ||
be erased from the register, shall be mailed by special
| ||
delivery, duly stamped and directed, to such person, to the | ||
address upon
said register at least 4 days before the day fixed | ||
in said notice to
show cause. If such person has provided the | ||
election authority with an e-mail address, then the election | ||
authority shall also send the same notice by electronic mail at | ||
least 4 days before the day fixed in said notice to show cause.
| ||
A like notice shall be mailed to the person or persons | ||
making the
application to have the name upon such register | ||
erased to appear and show
cause why the name should be erased, | ||
the notice to set out the day and
hour of such hearing. If the | ||
voter making such application fails to appear
before the Clerk | ||
at the time set for the hearing as fixed in the said
notice or |
fails to show cause why the name upon such register shall be
| ||
erased, the application may be dismissed by the County Clerk.
| ||
Any voter making such application or applications shall be | ||
privileged
from arrest while presenting the same to the County | ||
Clerk, and whilst going
to and returning from the office of the | ||
County Clerk.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(10 ILCS 5/5-21) (from Ch. 46, par. 5-21)
| ||
Sec. 5-21.
To each person who registers at the office of | ||
the county, city,
village, incorporated town or town clerk, or | ||
any place designated by the
Board of County Commissioners under | ||
section 5-17 of article 5 and within
five days thereafter, the | ||
election authority County Clerk shall send by mail , and | ||
electronic mail if the registrant has provided the election | ||
authority with an e-mail address, a notice setting
forth the | ||
elector's name and address as it appears on the registration | ||
record
card, and shall request him in case of any error to | ||
present the notice on
or before the seventh day next ensuing at | ||
the office of the election authority County Clerk
in order to | ||
secure the correction of the error. Such notice shall contain
| ||
on the outside a request for the postmaster to return it within | ||
five days
if it cannot be delivered to the addressee at the | ||
address given thereon.
Upon the return by the post office of | ||
such notice which it has been unable
to deliver at the given | ||
address because the addressee cannot be found there,
a notice |
shall be at once sent through the United States mail to such | ||
person
at the address appearing upon his registration record | ||
card requiring him
to appear before the election authority | ||
County Clerk , within five days, to answer questions
touching | ||
his right to register. If the person notified fails to appear | ||
at
the election authority's County Clerk's office within five | ||
days as directed or if he appears
and fails to prove his right | ||
to register, the election authority County Clerk shall cancel
| ||
his registration.
| ||
(Source: P.A. 80-1469.)
| ||
(10 ILCS 5/5-43)
| ||
Sec. 5-43. Computerization of voter records.
| ||
(a) The State Board of Elections shall design a | ||
registration record card
that, except as otherwise provided in | ||
this Section, shall be used in duplicate
by all election | ||
authorities in the State adopting a computer-based voter
| ||
registration file as provided in this Section. The Board shall | ||
prescribe the
form
and specifications, including but not | ||
limited to the weight of paper, color,
and print of the cards. | ||
The cards shall contain boxes or spaces for the
information | ||
required under Sections 5-7 and 5-28.1; provided that
the cards | ||
shall also contain: (i) A space for the person to fill in his | ||
or
her Illinois driver's license number if the person has a | ||
driver's license; (ii)
A space for a person without a driver's | ||
license to fill in the last four digits
of his or her social |
security number if the person has a social security
number.
| ||
(b) The election authority may develop and implement a | ||
system to
prepare,
use, and maintain a computer-based voter | ||
registration file that includes a
computer-stored image of the | ||
signature of each voter. The computer-based voter
registration | ||
file may be used for all purposes for which the original
| ||
registration cards are to be used, provided that a system for | ||
the storage of at
least one copy of the original registration | ||
cards remains in effect. In the case of voter registration | ||
forms received via an online voter registration system, the | ||
original registration cards will include the signature | ||
received from the Secretary of State database. The
electronic | ||
file shall be the master file.
| ||
(c) Any system created, used, and maintained under | ||
subsection
(b) of this
Section shall meet the following | ||
standards:
| ||
(1) Access to any computer-based voter registration | ||
file shall be limited
to those persons authorized by the | ||
election authority, and each access to the
computer-based | ||
voter registration file, other than an access solely for
| ||
inquiry, shall be recorded.
| ||
(2) No copy, summary, list, abstract, or index of any | ||
computer-based voter
registration file that includes any | ||
computer-stored image of the signature of
any registered | ||
voter shall be made available to the public outside of the
| ||
offices of the election authority.
|
(3) Any copy, summary, list, abstract, or index of any | ||
computer-based
voter
registration file that includes a | ||
computer-stored image of the signature of a
registered | ||
voter shall be produced in such a manner that it cannot be
| ||
reproduced.
| ||
(4) Each person desiring to vote shall sign an | ||
application for a ballot,
and the signature comparison | ||
authorized in Articles 17 and 18 of this Code may
be made | ||
to a copy of the computer-stored image of the signature of | ||
the
registered voter.
| ||
(5) Any voter list produced from a computer-based voter | ||
registration file
that includes computer-stored images of | ||
the signatures of registered voters and
is used in a | ||
polling place during an election shall be preserved by the
| ||
election authority in secure storage until the end of the | ||
second calendar year
following the election in which it was | ||
used.
| ||
(d) Before the first election in which the election | ||
authority
elects to use
a voter list produced from the | ||
computer-stored images of the signatures of
registered voters | ||
in a computer-based voter registration file for signature
| ||
comparison in a polling place, the State Board of Elections | ||
shall certify that
the system used by the election authority | ||
complies with the standards set forth
in this Section. The | ||
State Board of Elections may request a sample poll list
| ||
intended to be used in a polling place to test the accuracy of |
the list and the
adequacy of the computer-stored images of the | ||
signatures of the registered
voters.
| ||
(e) With respect to a jurisdiction that has copied all of | ||
its
voter
signatures into a computer-based registration file, | ||
all references in this Act
or any other Act to the use, other | ||
than storage, of paper-based voter
registration records shall | ||
be deemed to refer to their computer-based
equivalents.
| ||
(f) Nothing in this Section prevents an election authority | ||
from
submitting to the State Board of Elections a duplicate | ||
copy of some, as the
State Board of Elections shall determine, | ||
or all of the data contained in each
voter registration record | ||
that is part of the electronic master file. The
duplicate copy | ||
of the registration record shall be maintained by the State
| ||
Board of Elections under the same terms and limitations | ||
applicable to the
election authority and shall be of equal | ||
legal dignity with the original
registration record maintained | ||
by the election authority as proof of any fact
contained in the | ||
voter registration record.
| ||
(Source: P.A. 93-574, eff. 8-21-03.)
| ||
(10 ILCS 5/5-50) | ||
Sec. 5-50. Grace period. Notwithstanding any other | ||
provision of this
Code to the contrary, each election authority | ||
shall
establish procedures for the registration of voters and | ||
for change of address during the period from the close of
| ||
registration for a primary or election and until the 3rd day |
before the
primary or election. During this grace period, an | ||
unregistered qualified
elector may
register to vote, and a | ||
registered voter may submit a change of address form, in person | ||
in the office of the election
authority or at a voter | ||
registration location specifically designated for this
purpose | ||
by the election authority. The election authority shall
| ||
register that individual, or change a registered voter's | ||
address, in the same manner as otherwise provided by this | ||
Article for registration and change of address. | ||
If a voter who registers or changes address during this | ||
grace period wishes to vote at the first election or primary | ||
occurring after the grace period, he or she must do so by grace | ||
period voting , either in person in the office of the election | ||
authority or at a location specifically designated for this | ||
purpose by the election authority, or by mail, at the | ||
discretion of the election authority . The election authority | ||
shall offer in-person grace period voting at his or her office | ||
and may offer in-person grace period voting at additional | ||
locations specifically designated for the purpose of grace | ||
period voting by the election authority. The election authority | ||
may allow grace period voting by mail only if the election | ||
authority has no ballots prepared at the authority's office. | ||
Grace period voting shall be in a manner substantially similar | ||
to voting under Article 19. | ||
Within one day after a voter casts a grace period ballot, | ||
or within one day after the ballot is received by the election |
authority if the election authority allows grace period voting | ||
by mail, the election authority shall transmit by electronic | ||
means pursuant to a process established by the State Board of | ||
Elections the voter's name, street address, e-mail address, and | ||
precinct, ward, township, and district numbers, as the case may | ||
be, to the State Board of Elections, which shall maintain those | ||
names and that information in an electronic format on its | ||
website, arranged by county and accessible to State and local | ||
political committees. The name of each person issued a grace | ||
period ballot shall also be placed on the appropriate precinct | ||
list of persons to whom absentee and early ballots have been | ||
issued, for use as provided in Sections 17-9 and 18-5. | ||
A person who casts a grace period ballot shall not be | ||
permitted to revoke that ballot and vote another ballot with | ||
respect to that primary or election. Ballots cast by persons | ||
who register or change address during the grace period must be | ||
transmitted to and counted at the election authority's central | ||
ballot counting location and shall not be transmitted to and | ||
counted at precinct polling places. The grace period ballots | ||
determined to be valid shall be added to the vote totals for | ||
the precincts for which they were cast in the order in which | ||
the ballots were opened.
| ||
(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.) | ||
(10 ILCS 5/6-19.5 new) | ||
Sec. 6-19.5. Rejection of Article by superseding county |
board of election commissioners. In addition to any other | ||
method of rejection provided in this Article, when a county | ||
board of election commissioners is established in accordance | ||
with subsection (c) of Section 6A-1 in a county in which is | ||
located any portion of a municipality with a municipal board of | ||
election commissioners, the application of the provisions of | ||
this Article to the territory of that municipality located | ||
within that county is rejected.
| ||
(10 ILCS 5/6-29) (from Ch. 46, par. 6-29)
| ||
Sec. 6-29.
For the purpose of registering voters under this | ||
Article,
the office of the Board of Election Commissioners | ||
shall be open during
ordinary business hours of each week day, | ||
from 9 a.m. to 12 o'clock noon
on the last four Saturdays | ||
immediately preceding the end of the period
of registration | ||
preceding each election, and such other days and such
other | ||
times as the board may direct. During the 27 days immediately
| ||
preceding any election there shall be no registration of voters | ||
at the
office of the Board of Election Commissioners in cities, | ||
villages and
incorporated towns of fewer than 200,000 | ||
inhabitants. In cities,
villages and incorporated towns of | ||
200,000 or more inhabitants, there
shall be no registration of | ||
voters at the office of the Board of
Election Commissioners | ||
during the 35 days immediately preceding any
election; | ||
provided, however, where no precinct registration is being
| ||
conducted prior to any election then registration may be taken |
in the
office of the Board up to and including the 28th day | ||
prior to such
election. The Board of Election Commissioners may | ||
set up and establish
as many branch offices for the purpose of | ||
taking registrations as it may
deem necessary, and the branch | ||
offices may be open on any or all dates
and hours during which | ||
registrations may be taken in the main office.
All officers and | ||
employees of the Board of Election Commissioners who
are | ||
authorized by such board to take registrations under this | ||
Article
shall be considered officers of the circuit court, and | ||
shall be subject
to the same control as is provided by Section | ||
14-5 of this Act with
respect to judges of election.
| ||
In any election called for the submission of the revision | ||
or
alteration of, or the amendments to the Constitution, | ||
submitted by a
Constitutional Convention, the final day for | ||
registration at the office
of the election authority charged | ||
with the printing of the ballot of
this election shall be the | ||
15th day prior to the date of election.
| ||
The Board of Election Commissioners shall appoint one or | ||
more
registration teams, consisting of 2 of its employees for | ||
each team, for
the purpose of accepting the registration of any | ||
voter who files an
affidavit, within the period for taking | ||
registrations provided for in
this article, that he is | ||
physically unable to appear at the office of
the Board or at | ||
any appointed place of registration. On the day or days
when a | ||
precinct registration is being conducted such teams shall | ||
consist
of one member from each of the 2 leading political |
parties who are
serving on the Precinct Registration Board. | ||
Each team so designated
shall visit each disabled person and | ||
shall accept the registration of
such person the same as if he | ||
had applied for registration in person.
| ||
Any otherwise qualified person who is absent from his | ||
county of
residence due to business of the United States, or | ||
who is temporarily residing
outside the territorial limits of | ||
the United
States, may make application to become registered by | ||
mail to the Board
of Election Commissioners within the periods | ||
for registration provided
for in this Article or by | ||
simultaneous application for absentee registration
and | ||
absentee ballot as provided in Article 20 of this Code.
| ||
Upon receipt of such application the Board of Election | ||
Commissioners
shall immediately mail an affidavit of | ||
registration in duplicate, which
affidavit shall contain the | ||
following and such other information as the
State Board of | ||
Elections may think it proper to require for the
identification | ||
of the applicant:
| ||
Name. The name of the applicant, giving surname and first | ||
or
Christian name in full, and the middle name or the initial | ||
for such
middle name, if any.
| ||
Sex.
| ||
Residence. The name and number of the street, avenue or | ||
other
location of the dwelling, and such additional clear and | ||
definite
description as may be necessary to determine the exact | ||
location of the
dwelling of the applicant. Where the location |
cannot be determined by
street and number, then the section, | ||
congressional township and range
number may be used, or such | ||
other information as may be necessary,
including post office | ||
mailing address.
| ||
Electronic mail address, if the registrant has provided | ||
this information. | ||
Term of residence in the State of Illinois and the | ||
precinct.
| ||
Nativity. The state or country in which the applicant was | ||
born.
| ||
Citizenship. Whether the applicant is native born or | ||
naturalized.
If naturalized, the court, place and date of | ||
naturalization.
| ||
Age. Date of birth, by month, day and year.
| ||
Out of State address of ..................
| ||
AFFIDAVIT OF REGISTRATION
| ||
State of .........)
| ||
) ss.
| ||
County of ........)
| ||
I hereby swear (or affirm) that I am a citizen of the | ||
United States;
that on the day of the next election I shall | ||
have resided in the State
of Illinois and in the election | ||
precinct 30 days; that I am fully
qualified to vote, that I am | ||
not registered to vote anywhere else in the
United States, that | ||
I intend to remain a resident of the State of
Illinois, and of | ||
the election precinct, that I intend to return to the State
of |
Illinois, and that the
above statements are true.
| ||
..............................
| ||
(His or her signature or mark)
| ||
Subscribed and sworn to before me, an officer qualified to | ||
administer
oaths, on (insert date).
| ||
........................................
| ||
Signature of officer administering oath.
| ||
Upon receipt of the executed duplicate affidavit of | ||
Registration, the
Board of Election Commissioners shall | ||
transfer the information contained
thereon to duplicate | ||
Registration Cards provided for in Section 6-35 of
this Article | ||
and shall attach thereto a copy of each of the duplicate
| ||
affidavit of registration and thereafter such registration | ||
card and
affidavit shall constitute the registration of such | ||
person the same as
if he had applied for registration in | ||
person.
| ||
(Source: P.A. 91-357, eff. 7-29-99; 92-816, eff. 8-21-02.)
| ||
(10 ILCS 5/6-35) (from Ch. 46, par. 6-35)
| ||
Sec. 6-35. The Boards of Election Commissioners shall | ||
provide a
sufficient number of blank forms for the registration | ||
of electors which
shall be known as registration record cards | ||
and which shall consist of
loose leaf sheets or cards, of | ||
suitable size to contain in plain writing
and figures the data | ||
hereinafter required thereon or shall consist of computer
cards | ||
of suitable nature to contain the data required thereon. The |
registration
record cards, which shall include an affidavit of | ||
registration as
hereinafter provided, shall be executed in | ||
duplicate. The duplicate of
which may be a carbon copy of the | ||
original or a copy of the original
made by the use of other | ||
method or material used for making simultaneous
true copies or | ||
duplications.
| ||
The registration record card shall contain the following | ||
and such
other information as the Board of Election | ||
Commissioners may think it
proper to require for the | ||
identification of the applicant for
registration:
| ||
Name. The name of the applicant, giving surname and first | ||
or
Christian name in full, and the middle name or the initial | ||
for such
middle name, if any.
| ||
Sex.
| ||
Residence. The name and number of the street, avenue, or | ||
other
location of the dwelling, including the apartment, unit | ||
or room number,
if any, and in the case of a mobile home the lot | ||
number, and such additional
clear and definite description as | ||
may be necessary to determine the exact
location of the | ||
dwelling of the applicant, including post-office mailing
| ||
address. In the case of a homeless individual, the individual's | ||
voting
residence that is his or her mailing address shall be | ||
included on his or her
registration record card.
| ||
Term of residence in the State of Illinois and the | ||
precinct.
| ||
Nativity. The state or country in which the applicant was |
born.
| ||
Citizenship. Whether the applicant is native born or | ||
naturalized. If
naturalized, the court, place, and date of | ||
naturalization.
| ||
Date of application for registration, i.e., the day, month | ||
and year
when the applicant presented himself for registration.
| ||
Age. Date of birth, by month, day and year.
| ||
Physical disability of the applicant, if any, at the time | ||
of
registration, which would require assistance in voting.
| ||
The county and state in which the applicant was last | ||
registered.
| ||
Electronic mail address, if any. | ||
Signature of voter. The applicant, after registration and | ||
in the
presence of a deputy registrar or other officer of | ||
registration shall be
required to sign his or her name in ink | ||
to the affidavit on both the
original and the duplicate | ||
registration record card.
| ||
Signature of deputy registrar.
| ||
In case applicant is unable to sign his name, he may affix | ||
his mark
to the affidavit. In such case the registration | ||
officer shall write a
detailed description of the applicant in | ||
the space provided at the
bottom of the card or sheet; and | ||
shall ask the following questions and
record the answers | ||
thereto:
| ||
Father's first name .........................
| ||
Mother's first name .........................
|
From what address did you last register? ....
| ||
Reason for inability to sign name ...........
| ||
Each applicant for registration shall make an affidavit in
| ||
substantially the following form:
| ||
AFFIDAVIT OF REGISTRATION
| ||
State of Illinois )
| ||
)ss
| ||
County of ....... )
| ||
I hereby swear (or affirm) that I am a citizen of the | ||
United States,
that on the day of the next election I shall | ||
have resided in the State
of Illinois and in the election | ||
precinct 30 days and that I intend that
this location is my | ||
residence; that I am fully qualified to
vote, and that the | ||
above statements are true.
| ||
..............................
| ||
(His or her signature or mark)
| ||
Subscribed and sworn to before me on (insert date).
| ||
......................................
| ||
Signature of registration officer
| ||
(to be signed in presence of registrant).
| ||
Space shall be provided upon the face of each registration | ||
record
card for the notation of the voting record of the person | ||
registered
thereon.
| ||
Each registration record card shall be numbered according | ||
to wards or
precincts, as the case may be, and may be serially | ||
or otherwise marked
for identification in such manner as the |
Board of Election Commissioners
may determine.
| ||
The registration cards shall be deemed public records and | ||
shall be
open to inspection during regular business hours, | ||
except during the 27
days immediately preceding any election. | ||
On written request of any
candidate or objector or any person | ||
intending to object to a petition, the
election authority shall | ||
extend its hours for inspection of registration
cards and other | ||
records of the election authority during the period
beginning | ||
with the filing of petitions under Sections 7-10, 8-8, 10-6 or
| ||
28-3 and continuing through the termination of electoral board | ||
hearings on
any objections to petitions containing signatures | ||
of registered voters in
the jurisdiction of the election | ||
authority. The extension shall be for a
period of hours | ||
sufficient to allow adequate opportunity for examination of
the | ||
records but the election authority is not required to extend | ||
its hours
beyond the period beginning at its normal opening for | ||
business and ending
at midnight. If the business hours are so | ||
extended, the election authority
shall post a public notice of | ||
such extended hours. Registration record cards
may also be | ||
inspected, upon approval of the officer in charge of the cards,
| ||
during the 27 days immediately preceding any election. | ||
Registration
record
cards shall also be open to inspection by | ||
certified judges and poll watchers
and challengers at the | ||
polling place on election day, but only to the extent
necessary | ||
to determine the question of the right of a person to vote or | ||
to
serve as a judge of election. At no time shall poll watchers |
or challengers be
allowed to physically handle the registration | ||
record cards.
| ||
Updated copies of computer tapes or computer discs or other | ||
electronic data
processing information containing voter | ||
registration information shall
be furnished by the Board of | ||
Election Commissioners within 10 days after
December 15 and May | ||
15 each year and within 10
days after each registration period | ||
is closed to the State Board
of Elections in a
form prescribed | ||
by the State Board. For the purposes of this Section, a
| ||
registration period is closed 27 days before the date of any | ||
regular
or special
election. Registration information shall
| ||
include, but not be limited to, the following information: | ||
name, sex,
residence, telephone number, if any, age, party | ||
affiliation, if
applicable, precinct, ward, township, county, | ||
and representative,
legislative and congressional districts. | ||
In the event of noncompliance,
the State Board of Elections is | ||
directed to obtain compliance forthwith
with this | ||
nondiscretionary duty of the election authority by instituting
| ||
legal proceedings in the circuit court of the county in which | ||
the election
authority maintains the registration information. | ||
The costs of furnishing
updated copies of tapes or discs shall | ||
be paid at a rate of $.00034
per name of registered voters in | ||
the election jurisdiction, but not less
than $50 per tape or | ||
disc and shall be paid from appropriations made to the
State | ||
Board of Elections for reimbursement to the election authority | ||
for
such purpose. The State Board shall furnish copies of such |
tapes, discs,
other electronic data or compilations thereof to | ||
state political committees
registered pursuant to the Illinois | ||
Campaign Finance Act or the Federal
Election Campaign Act and | ||
to governmental entities, at their request and at a reasonable | ||
cost.
To protect the privacy and confidentiality of voter | ||
registration information,
the disclosure
of electronic voter | ||
registration records 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: 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 centralized statewide | ||
voter registration 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.
Copies of the
tapes, | ||
discs or other electronic data shall be furnished by the Board | ||
of
Election Commissioners to local political committees and | ||
governmental entities at their request and at a
reasonable | ||
cost. Reasonable cost of the tapes, discs, et cetera for
this | ||
purpose would be the cost of duplication plus 15% for
| ||
administration. The individual representing a political |
committee
requesting copies of such tapes shall make a sworn | ||
affidavit that the
information shall be used only for bona fide | ||
political purposes,
including by or for candidates for office | ||
or incumbent office holders.
Such tapes, discs or other | ||
electronic data shall not be used under any
circumstances by | ||
any political committee or individuals for purposes of
| ||
commercial solicitation or other business purposes. If such | ||
tapes
contain information on county residents related to the | ||
operations of
county government in addition to registration | ||
information, that
information shall not be used under any | ||
circumstances for commercial
solicitation or other business | ||
purposes. The prohibition in this
Section against using the | ||
computer tapes or computer discs or other
electronic data | ||
processing information containing voter registration
| ||
information for purposes of commercial solicitation or other | ||
business
purposes shall be prospective only from the effective | ||
date of this
amended Act of 1979. Any person who violates this | ||
provision shall be
guilty of a Class 4 felony.
| ||
The State Board of Elections shall promulgate, by October | ||
1, 1987, such
regulations as may be necessary to ensure | ||
uniformity throughout the State
in electronic data processing | ||
of voter registration information. The
regulations shall | ||
include, but need not be limited to, specifications for
uniform | ||
medium, communications protocol and file structure to be | ||
employed
by the election authorities of this State in the | ||
electronic data processing
of voter registration information. |
Each election authority utilizing
electronic data processing | ||
of voter registration information shall comply
with such | ||
regulations on and after May 15, 1988.
| ||
If the applicant for registration was last registered in | ||
another
county within this State, he shall also sign a | ||
certificate authorizing
cancellation of the former | ||
registration. The certificate shall be in
substantially the | ||
following form:
| ||
To the County Clerk of .... County, Illinois.
| ||
To the Election Commission of the City of ...., Illinois.
| ||
This is to certify that I am registered in your (county) | ||
(city) and
that my residence was ..... Having moved out of your | ||
(county), (city), I
hereby authorize you to cancel that | ||
registration in your office.
| ||
Dated at ...., Illinois, on (insert date).
| ||
....................
| ||
(Signature of Voter)
| ||
Attest ...., Clerk, Election Commission of the City of....,
| ||
Illinois.
| ||
The cancellation certificate shall be mailed immediately | ||
by the clerk
of the Election Commission to the county clerk, | ||
(or Election Commission
as the case may be) where the applicant | ||
was formerly registered. Receipt
of such certificate shall be | ||
full authority for cancellation of any
previous registration.
| ||
(Source: P.A. 93-574, eff. 8-21-03; 93-847, eff. 7-30-04; | ||
94-136, eff. 7-7-05.)
|
(10 ILCS 5/6-40) (from Ch. 46, par. 6-40)
| ||
Sec. 6-40.
Where verification lists are furnished to the | ||
canvassers by the
Board of Election Commissioners, immediately | ||
upon completion of the
canvass, the canvassers, or one of them, | ||
shall file with the Board of
Election Commissioners the list of | ||
registered voters upon which the
canvassers have made notation | ||
in the column headed "Remarks" as follows:
"O. K.", if they | ||
still reside at the address shown on the registration
list, or | ||
"Died", "Moved", or "Changed Name" as the case may be. Such | ||
lists
shall be attested to by the canvassers in an attached | ||
affidavit. No
canvasser shall be remunerated for services as | ||
canvasser until such signed
affidavit is filed with the Board | ||
of Election Commissioners.
| ||
Upon receipt by the Board of Election Commissioners of the | ||
completed
list and the attached affidavit as to the correctness | ||
of the list, the
Board of Election Commissioners shall prepare | ||
post card "Notices to Show
Cause Why Registration Should not be | ||
Cancelled" to send to each voter on
each list after whose name | ||
the canvassers have written "Died", "Moved", or
"Changed Name". | ||
They shall be sent by mail, and electronic mail if the person | ||
whose registration is questioned has provided the election | ||
authority with an e-mail address, mailed to those whose | ||
registration is
questioned by the Board of Election | ||
Commissioners not later than 10 P.M. on
Friday of the week of | ||
the canvass. The affidavits made by the canvassers
showing the |
names and addresses of such canvassers shall be a public record
| ||
for 60 days.
| ||
The Board of Election Commissioners shall also prepare a | ||
correct list of
those registered voters in each precinct who | ||
are designated "O.K." in the
remarks column by the canvassers | ||
and supplemental lists after the hearings
on "Notices to Show | ||
Cause Why Registration Should Not be Cancelled"; such
lists to | ||
be called "Printed Register of Registered Voters" of a given | ||
date
and supplements thereto.
| ||
It shall be the duty of the Board of Election Commissioners | ||
when
complaint is made to them, to investigate the action of | ||
such canvassers and
to cause them or either of them to be | ||
brought before the circuit court and
to prosecute them as for | ||
contempt, and also at the discretion of the Board
of Election | ||
Commissioners, to cause them to be prosecuted criminally for
| ||
such wilful neglect of duty.
| ||
(Source: Laws 1965, p. 3501.)
| ||
(10 ILCS 5/6-57) (from Ch. 46, par. 6-57)
| ||
Sec. 6-57.
To each person who registers at the office of | ||
the board of
election commissioners or at any place designated | ||
by such board under
Section 6-51 of this Article, after the | ||
first registration under this
Article, the board shall send by | ||
mail , and electronic mail if the registrant has provided the | ||
board of election committees with an e-mail address, a notice | ||
setting forth the elector's
name and address as it appears on |
the registration record card, and shall
request him in case of | ||
any error to present the notice on or before the
tenth day next | ||
ensuing at the office of the Board of Election Commissioners
in | ||
order to secure the correction of the error. Such notice shall | ||
contain
on the outside a request for the postmaster to return | ||
it within five days
if it cannot be delivered to the addressee | ||
at the address given thereon.
Upon the return by the post | ||
office of any such notice which it has been
unable to deliver | ||
at the given address because the addressee cannot be
found | ||
there, a notice shall be at once sent through the United States | ||
mail
to such person at the address appearing upon his | ||
registration record card
requiring him to appear before the | ||
Board of Election Commissioners at a
time and place specified | ||
in the notice and show cause why his name should
not be | ||
cancelled from the register. Thereafter, proceedings shall be, | ||
as
nearly as may be, in conformity with those established by | ||
Section 6-52 of
this Article with respect to applications to | ||
complete registration. Such
notice may be sent at any time | ||
within thirty days after the registration of
any person, but | ||
such notice shall be sent within five days after the last
day | ||
of registration before any election, to all persons who have | ||
registered
since the last preceding election, and to whom no | ||
such notice has
theretofore been sent; and where the addressee | ||
cannot be found, notice
requiring such person to appear before | ||
the board of election commissioners
shall specify dates for | ||
hearing before the election not later than those
prescribed by |
Section 6-45 of this Article.
| ||
(Source: Laws 1951, p. 1795 .)
| ||
(10 ILCS 5/6-79)
| ||
Sec. 6-79. Computerization of voter records.
| ||
(a) The State Board of Elections shall design a | ||
registration record card
that, except as otherwise provided in | ||
this Section, shall be used in duplicate
by all election | ||
authorities in the State adopting a computer-based voter
| ||
registration file as provided in this Section. The Board shall | ||
prescribe the
form
and specifications, including but not | ||
limited to the weight of paper, color,
and print of the cards. | ||
The cards shall contain boxes or spaces for the
information | ||
required under Sections 6-31.1 and 6-35; provided
that
the | ||
cards shall also contain: (i) A space for the person to fill in | ||
his or
her Illinois driver's license number if the person has a | ||
driver's license; (ii)
A space for a person without a driver's | ||
license to fill in the last four digits
of his or her social | ||
security number if the person has a social security
number.
| ||
(b) The election authority may develop and implement a | ||
system to
prepare,
use, and maintain a computer-based voter | ||
registration file that includes a
computer-stored image of the | ||
signature of each voter. The computer-based voter
registration | ||
file may be used for all purposes for which the original
| ||
registration cards are to be used, provided that a system for | ||
the storage of at
least one copy of the original registration |
cards remains in effect.
In the case of voter registration | ||
forms received via an online voter registration system, the | ||
original registration cards will include the signature | ||
received from the Secretary of State database. The electronic | ||
file shall be the master file.
| ||
(c) Any system created, used, and maintained under | ||
subsection
(b) of this
Section shall meet the following | ||
standards:
| ||
(1) Access to any computer-based voter registration | ||
file shall be limited
to those persons authorized by the | ||
election authority, and each access to the
computer-based | ||
voter registration file, other than an access solely for
| ||
inquiry, shall be recorded.
| ||
(2) No copy, summary, list, abstract, or index of any | ||
computer-based voter
registration file that includes any | ||
computer-stored image of the signature of
any registered | ||
voter shall be made available to the public outside of the
| ||
offices of the election authority.
| ||
(3) Any copy, summary, list, abstract, or index of any | ||
computer-based
voter
registration file that includes a | ||
computer-stored image of the signature of a
registered | ||
voter shall be produced in such a manner that it cannot be
| ||
reproduced.
| ||
(4) Each person desiring to vote shall sign an | ||
application for a ballot,
and the signature comparison | ||
authorized in Articles 17 and 18 of this Code may
be made |
to a copy of the computer-stored image of the signature of | ||
the
registered voter.
| ||
(5) Any voter list produced from a computer-based voter | ||
registration file
that includes computer-stored images of | ||
the signatures of registered voters and
is used in a | ||
polling place during an election shall be preserved by the
| ||
election authority in secure storage until the end of the | ||
second calendar year
following the election in which it was | ||
used.
| ||
(d) Before the first election in which the election | ||
authority
elects to use
a voter list produced from the | ||
computer-stored images of the signatures of
registered voters | ||
in a computer-based voter registration file for signature
| ||
comparison in a polling place, the State Board of Elections | ||
shall certify that
the system used by the election authority | ||
complies with the standards set forth
in this Section. The | ||
State Board of Elections may request a sample poll list
| ||
intended to be used in a polling place to test the accuracy of | ||
the list and the
adequacy of the computer-stored images of the | ||
signatures of the registered
voters.
| ||
(e) With respect to a jurisdiction that has copied all of | ||
its
voter
signatures into a computer-based registration file, | ||
all references in this Act
or any other Act to the use, other | ||
than storage, of paper-based voter
registration records shall | ||
be deemed to refer to their computer-based
equivalents.
| ||
(f) Nothing in this Section prevents an election authority |
from
submitting to the State Board of Elections a duplicate | ||
copy of some, as the
State Board of Elections shall determine, | ||
or all of the data contained in each
voter registration record | ||
that is part of the electronic master file. The
duplicate copy | ||
of the registration record shall be maintained by the State
| ||
Board of Elections under the same terms and limitations | ||
applicable to the
election authority and shall be of equal | ||
legal dignity with the original
registration record maintained | ||
by the election authority as proof of any fact
contained in the | ||
voter registration record.
| ||
(Source: P.A. 93-574, eff. 8-21-03.)
| ||
(10 ILCS 5/6-100) | ||
Sec. 6-100. Grace period. Notwithstanding any other | ||
provision of this
Code to the contrary, each election authority | ||
shall
establish procedures for the registration of voters and | ||
for change of address during the period from the close of
| ||
registration for a primary or election and until the 3rd day | ||
before the
primary or election. During this grace period, an | ||
unregistered qualified
elector may
register to vote, and a | ||
registered voter may submit a change of address form, in person | ||
in the office of the election
authority or at a voter | ||
registration location specifically designated for this
purpose | ||
by the election authority. The election authority shall
| ||
register that individual, or change a registered voter's | ||
address, in the same manner as otherwise provided by this |
Article for registration and change of address. | ||
If a voter who registers or changes address during this | ||
grace period wishes to vote at the first election or primary | ||
occurring after the grace period , he or she must do so by grace | ||
period voting, either in person in the office of the election | ||
authority or at a location specifically designated for this | ||
purpose by the election authority, or by mail, at the | ||
discretion of the election authority . The election authority | ||
shall offer in-person grace period voting at the authority's | ||
office and may offer in-person grace period voting at | ||
additional locations specifically designated for the purpose | ||
of grace period voting by the election authority. The election | ||
authority may allow grace period voting by mail only if the | ||
election authority has no ballots prepared at the authority's | ||
office. Grace period voting shall be in a manner substantially | ||
similar to voting under Article 19. | ||
Within one day after a voter casts a grace period ballot, | ||
or within one day after the ballot is received by the election | ||
authority if the election authority allows grace period voting | ||
by mail, the election authority shall transmit by electronic | ||
means pursuant to a process established by the State Board of | ||
Elections the voter's name, street address, e-mail address, and | ||
precinct, ward, township, and district numbers, as the case may | ||
be, to the State Board of Elections, which shall maintain those | ||
names and that information in an electronic format on its | ||
website, arranged by county and accessible to State and local |
political committees. The name of each person issued a grace | ||
period ballot shall also be placed on the appropriate precinct | ||
list of persons to whom absentee and early ballots have been | ||
issued, for use as provided in Sections 17-9 and 18-5. | ||
A person who casts a grace period ballot shall not be | ||
permitted to revoke that ballot and vote another ballot with | ||
respect to that primary or election. Ballots cast by persons | ||
who register or change address during the grace period must be | ||
transmitted to and counted at the election authority's central | ||
ballot counting location and shall not be transmitted to and | ||
counted at precinct polling places. The grace period ballots | ||
determined to be valid shall be added to the vote totals for | ||
the precincts for which they were cast in the order in which | ||
the ballots were opened.
| ||
(Source: P.A. 96-441, eff. 1-1-10; 97-766, eff. 7-6-12.)
| ||
(10 ILCS 5/6A-1) (from Ch. 46, par. 6A-1)
| ||
Sec. 6A-1.
| ||
(a) Any county in which there is no city, village or | ||
incorporated town
with a board of election commissioners may | ||
establish a county board of
election commissioners either (1) | ||
by ordinance of the county board or
(2) by vote of the electors | ||
of the county in accordance with subsection (a) of Section
| ||
6A-2.
| ||
The fact that some territory in a county is within the | ||
corporate
limits of a city, village or incorporated town with a |
board of election
commissioners does not prevent that county | ||
from establishing a county
board of election commissioners in | ||
accordance with this Article if no
portion of such city, | ||
village or incorporated town was within the county
at the time | ||
of the establishment of the board of election commissioners
for | ||
such city, village or incorporated town. If such a county
| ||
establishes a county board of election commissioners pursuant | ||
to this
Article, the county board of election commissioners | ||
shall, with respect
to the territory in the county within the | ||
corporate limits of the city,
village or incorporated town, | ||
supersede the board of election
commissioners of that city, | ||
village or incorporated town.
| ||
(b) Any county with a population of more than 700,000 | ||
persons as of the 2010 federal decennial census that borders | ||
another state and borders no more than 2 other Illinois | ||
counties, shall be subject to a county board of election | ||
commissioners beginning 90 days after the effective date of | ||
this amendatory Act of the 98th General Assembly. | ||
(c) Any county with a population of less than 200,000 but | ||
more than 175,000 persons as of the 2010 federal decennial | ||
census in which a city, village, or incorporated town with a | ||
board of election commissioners is located may establish a | ||
county board of election commissioners by vote of the electors | ||
of the county in accordance with subsection (b) of Section | ||
6A-2. If such a county establishes a county board of election | ||
commissioners, the county board of election commissioners, |
with respect to the territory in the county within the | ||
corporate limits of the city, village, or incorporated town, | ||
shall supersede the board of election commissioners of that | ||
city, village, or incorporated town. | ||
(Source: P.A. 81-1433.)
| ||
(10 ILCS 5/6A-2) (from Ch. 46, par. 6A-2)
| ||
Sec. 6A-2. Submission to voters. | ||
(a) Whenever registered voters in a the county described in | ||
subsection (a) of Section 6A-1, numbering at least 1,000 or 1/8
| ||
of the number voting at the last preceding general election in | ||
the county,
whichever is less, petition the circuit court to | ||
submit to the electors of
the county a proposition to establish | ||
a county board of election
commissioners, the circuit court | ||
shall cause such proposition to be
submitted to the electors of | ||
the county at the next succeeding general
election. | ||
(b) If the county board of a county described in subsection | ||
(c) of Section 6A-1 passes an ordinance or resolution | ||
establishing a county board of election commissioners, then the | ||
proposition to establish a county board of election | ||
commissioners shall be submitted to the electors of that county | ||
at the next possible general election. The board shall certify | ||
the ordinance or resolution and the proposition to the proper | ||
election officials who shall submit the proposition at the next | ||
general election in accordance with the general election law. | ||
(c) The proposition shall be submitted in the same manner |
as provided
in Article 6 for the adoption of Articles 6, 14 and | ||
18 by cities, villages
and incorporated towns, except that the | ||
question shall be stated: "Shall a
board of election | ||
commissioners be established for .... County?"
| ||
(Source: P.A. 78-465.)
| ||
(10 ILCS 5/6A-3) (from Ch. 46, par. 6A-3)
| ||
Sec. 6A-3. Commissioners; filling vacancies. | ||
(a) If the county board adopts an ordinance providing for | ||
the
establishment of a county board of election commissioners, | ||
or if a
majority of the votes cast on a proposition submitted | ||
in accordance with
Section 6A-2 (a) are in favor of a county | ||
board of election commissioners, a
county board of election | ||
commissioners shall be appointed in the same
manner as is | ||
provided in Article 6 for boards of election commissioners
in | ||
cities, villages and incorporated towns, except that the county | ||
board of
election commissioners shall be appointed by the | ||
chairman of the county board
rather than the circuit court. | ||
However, before any
appointments are made, the appointing | ||
authority shall ascertain whether
the county clerk desires to | ||
be a member of the county board of election
commissioners. If | ||
the county clerk so
desires, he shall be one of the
members of | ||
the county board of election commissioners, and the
appointing | ||
authority shall appoint only 2 other members.
| ||
(b) For any county board of election commissioners | ||
established under subsection (b) of Section 6A-1, within 30 |
days after the effective date of this amendatory Act of the | ||
98th General Assembly, the chief judge of the circuit court of | ||
the county shall appoint 5 commissioners. At least 4 of those | ||
commissioners shall be selected from the 2 major established | ||
political parties of the State, with at least 2 from each of | ||
those parties. Such appointment shall be entered of record in | ||
the office of the County Clerk and the State Board of | ||
Elections. Those first appointed shall hold their offices for | ||
the period of one, 2, and 3 years respectively, and the judge | ||
appointing them shall designate the term for which each | ||
commissioner shall hold his or her office, whether for one, 2 | ||
or 3 years except that no more than one commissioner from each | ||
major established political party may be designated the same | ||
term. After the initial term, each commissioner or his or her | ||
successor shall be appointed to a 3 year term. No elected | ||
official or former elected official who has been out of elected | ||
office for less than 2 years may be appointed to the board. | ||
Vacancies shall be filled by the chief judge of the circuit | ||
court within 30 days of the vacancy in a manner that maintains | ||
the foregoing political party representation. | ||
(c) For any county board of election commissioners | ||
established under subsection (c) of Section 6A-1, within 30 | ||
days after the conclusion of the election at which the | ||
proposition to establish a county board of election | ||
commissioners is approved by the voters, the municipal board | ||
shall apply to the circuit court of the county for the chief |
judge of the circuit court to appoint 2 additional | ||
commissioners, one of whom shall be from each major established | ||
political party and neither of whom shall reside within the | ||
limits of the municipal board, so that 3 commissioners shall | ||
reside within the limits of the municipal board and 2 shall | ||
reside within the county but not within the municipality, as it | ||
may exist from time to time. Not more than 3 of the | ||
commissioners shall be members of the same major established | ||
political party. Vacancies shall be filled by the chief judge | ||
of the circuit court upon application of the remaining | ||
commissioners in a manner that maintains the foregoing | ||
geographical and political party representation. | ||
(Source: P.A. 91-358, eff. 7-29-99.)
| ||
(10 ILCS 5/6A-4) (from Ch. 46, par. 6A-4)
| ||
Sec. 6A-4. Transfer of records. Upon the opening of an the | ||
office of a the county board of election
commissioners, the | ||
county clerk and any municipal board of election commissioners | ||
in the county shall turn over to such county board all registry
| ||
books, registration record cards, poll books, tally sheets and | ||
ballot boxes
and all other books, forms, blanks and stationery | ||
of every description in the clerk's or municipal board's | ||
possession
his hands in any way relating to elections or the | ||
holding of elections in
the county and any unused | ||
appropriations related to elections or the holding of elections | ||
in the county . Thereupon, all functions, powers and duties of |
the county clerk ,
or the county board , or the municipal board | ||
relating to elections in that county are transferred to the | ||
county
board of election commissioners.
| ||
(Source: P.A. 78-465.)
| ||
(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 113 and not less than 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. 96-1008, eff. 7-6-10.)
| ||
(10 ILCS 5/9-1.8)
(from Ch. 46, par. 9-1.8)
| ||
Sec. 9-1.8. Political committees. | ||
(a) "Political committee" includes a candidate political | ||
committee, a political party committee, a political action | ||
committee, a ballot initiative committee, and an independent | ||
expenditure committee. | ||
(b) "Candidate political committee" means the candidate | ||
himself or herself or any natural person, trust, partnership, | ||
corporation, or other organization or group of persons | ||
designated by the candidate that accepts contributions or makes | ||
expenditures during any 12-month period in an aggregate amount |
exceeding $5,000 $3,000 on behalf of the candidate. | ||
(c) "Political party committee" means the State central | ||
committee of a political party, a county central committee of a | ||
political party, a legislative caucus committee, or a committee | ||
formed by a ward or township committeeman of a political party. | ||
For purposes of this Article, a "legislative caucus committee" | ||
means a committee established for the purpose of electing | ||
candidates to the General Assembly by the person elected | ||
President of the Senate, Minority Leader of the Senate, Speaker | ||
of the House of Representatives, Minority Leader of the House | ||
of Representatives, or a committee established by 5 or more | ||
members of the same caucus of the Senate or 10 or more members | ||
of the same caucus of the House of Representatives. | ||
(d) "Political action committee" means any natural person, | ||
trust, partnership, committee, association, corporation, or | ||
other organization or group of persons, other than a candidate, | ||
political party, candidate political committee, or political | ||
party committee, that accepts contributions or makes | ||
expenditures during any 12-month period in an aggregate amount | ||
exceeding $5,000 $3,000 on behalf of or in opposition to a | ||
candidate or candidates for public office. "Political action | ||
committee" includes any natural person, trust, partnership, | ||
committee, association, corporation, or other organization or | ||
group of persons, other than a candidate, political party, | ||
candidate political committee, or political party committee, | ||
that makes electioneering communications during any 12-month |
period in an aggregate amount exceeding $5,000 $3,000 related | ||
to any candidate or candidates for public office. | ||
(e) "Ballot initiative committee" means any natural | ||
person, trust, partnership, committee, association, | ||
corporation, or other organization or group of persons that | ||
accepts contributions or makes expenditures during any | ||
12-month period in an aggregate amount exceeding $5,000 $3,000 | ||
in support of or in opposition to any question of public policy | ||
to be submitted to the electors. "Ballot initiative committee" | ||
includes any natural person, trust, partnership, committee, | ||
association, corporation, or other organization or group of | ||
persons that makes electioneering communications during any | ||
12-month period in an aggregate amount exceeding $5,000 $3,000 | ||
related to any question of public policy to be submitted to the | ||
voters. The $5,000 $3,000 threshold applies to any | ||
contributions or expenditures received or made with the purpose | ||
of securing a place on the ballot for, advocating the defeat or | ||
passage of, or engaging in electioneering communication | ||
regarding the question of public policy, regardless of the | ||
method of initiation of the question of public policy and | ||
regardless of whether petitions have been circulated or filed | ||
with the appropriate office or whether the question has been | ||
adopted and certified by the governing body. | ||
(f) "Independent expenditure committee" means any trust, | ||
partnership, committee, association, corporation, or other | ||
organization or group of persons formed for the exclusive
|
purpose of making independent expenditures during any 12-month | ||
period in an aggregate amount exceeding $5,000 $3,000 in | ||
support of or in opposition to (i) the nomination for election, | ||
election, retention, or defeat of any public official or | ||
candidate or (ii) any question of public policy to be submitted | ||
to the electors. "Independent expenditure committee" also | ||
includes any trust, partnership, committee, association, | ||
corporation, or other organization or group of persons that | ||
makes electioneering communications that are not made in | ||
connection, consultation, or concert with or at the request or | ||
suggestion of a public official or candidate, a public | ||
official's or candidate's designated political committee or | ||
campaign, or an agent or agents of the public official, | ||
candidate, or political committee or campaign during any | ||
12-month period in an aggregate amount exceeding $5,000 $3,000 | ||
related to (i) the nomination for election, election, | ||
retention, or defeat of any public official or candidate or | ||
(ii) any question of public policy to be submitted to the | ||
voters.
| ||
(Source: P.A. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.)
| ||
(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. | ||
(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) 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) 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. | ||
(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 receiving | ||
notice on from the Board's website Board , 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 receiving notice on from the Board's website | ||
Board , 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). The Campaign Finance Task Force shall submit a |
report to the Governor and General Assembly no later than | ||
February 1, 2013. The report shall examine and make | ||
recommendations regarding the provisions in this subsection | ||
including, but not limited to, case law concerning independent | ||
expenditures, the manner in which independent expenditures are | ||
handled in the other states and at the federal level, | ||
independent expenditures made in Illinois during the 2012 | ||
general primary and, separately, the 2012 general election, and | ||
independent expenditures made at the federal level during the | ||
2012 general election. The Task Force shall conduct at least 2 | ||
public hearings regarding independent expenditures. | ||
(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 $500 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. 96-832, eff. 1-1-11; 97-766, eff. 7-6-12.) | ||
(10 ILCS 5/9-9.5)
| ||
Sec. 9-9.5. Disclosures in political communications. | ||
(a)
Any political committee, organized under the Election | ||
Code, that
makes an expenditure for a pamphlet, circular, | ||
handbill, Internet or telephone communication, radio, | ||
television,
or print advertisement,
or other communication | ||
directed at voters and
mentioning the name of a candidate in | ||
the next upcoming election shall ensure
that the name of the |
political committee paying for any part of the
communication, | ||
including, but not limited to, its preparation and | ||
distribution,
is
identified clearly within the communication | ||
as the payor. This subsection does
not apply to items that are | ||
too small to contain the required disclosure.
This subsection | ||
does not apply to an expenditure for the preparation or | ||
distribution of any printed communication directed at | ||
constituents of a member of the General Assembly if the | ||
expenditure is made by a political committee in accordance with | ||
subsection (c) of Section 9-8.10. Nothing in this subsection | ||
shall require disclosure on any telephone communication using | ||
random sampling or other scientific survey methods to gauge | ||
public opinion for or against any candidate or question of | ||
public policy.
| ||
Whenever any vendor or other person provides any of the | ||
services listed in this subsection, other than any telephone | ||
communication using random sampling or other scientific survey | ||
methods to gauge public opinion for or against any candidate or | ||
question of public policy, the vendor or person shall keep and | ||
maintain records showing the name and address of the person who | ||
purchased or requested the services and the amount paid for the | ||
services. The records required by this subsection shall be kept | ||
for a period of one year after the date upon which payment was | ||
received for the services.
| ||
(b) Any political committee, organized under this Code,
| ||
that makes an expenditure for a pamphlet, circular, handbill,
|
Internet or telephone communication, radio, television, or
| ||
print advertisement, or other communication directed at voters
| ||
and (i) mentioning the name of a candidate in the next upcoming
| ||
election, without that candidate's permission, or
(ii)
| ||
advocating for or against a public policy position shall ensure
| ||
that the name of the political committee paying for any part of
| ||
the communication, including, but not limited to, its
| ||
preparation and distribution, is identified clearly within the
| ||
communication. Nothing in this subsection shall require | ||
disclosure on
any telephone communication using random | ||
sampling or other
scientific survey methods to gauge public | ||
opinion for or
against any candidate or question of public | ||
policy. | ||
(c) A political committee organized under this Code shall
| ||
not make an expenditure for any unsolicited telephone call to
| ||
the line of a residential telephone customer in this State
| ||
using any method to block or otherwise circumvent that
| ||
customer's use of a caller identification service.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 94-1000, eff. 7-3-06; | ||
95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
| ||
Sec. 10-6.2.
The State Board of Elections, the election | ||
authority or
the local election official with whom petitions | ||
for nomination are filed
pursuant to this Article 10 shall | ||
specify the place where filings shall
be made and upon receipt |
shall endorse thereon the day and the hour at
which each | ||
petition was filed. Except as provided by Article 9 of The
| ||
School Code, 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 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 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, the
| ||
election authority or the local election official 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, the election authority, or local | ||
election official, to the Chairman
of each political party, and | ||
to each organization of citizens within the
election |
jurisdiction which was entitled, under this Code, at the next
| ||
preceding election, to have pollwatchers present on the day of | ||
election. The
State Board of Elections, the 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 and in | ||
the
manner prescribed by Section 10-14 and 10-15 of this | ||
Article. 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 or
offices at a later | ||
time. Certificates of nomination filed within the
period | ||
prescribed in Section 10-6(2) for candidates nominated by | ||
caucus for
township or municipal offices shall be subject to | ||
the ballot placement
lottery for established political parties | ||
prescribed in Section 7-60 of
this Code.
| ||
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, | ||
appropriate election authority or local election
official then | ||
only the first set of petitions filed shall be valid and all
| ||
subsequent petitions shall be void.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| ||
Sec. 10-7.
Any person whose name has been presented as a | ||
candidate
may cause his name to be withdrawn from any such | ||
nomination by his
request in writing, signed by him and duly | ||
acknowledged before an
officer qualified to take | ||
acknowledgment of deeds, and presented to the
principal office | ||
or permanent branch office of the Board, the election
| ||
authority, or the local election official, as the case may be, | ||
not later
than the date for certification of candidates for the | ||
ballot. No name so
withdrawn shall be printed upon the ballots | ||
under the party appellation or
title from which the candidate | ||
has withdrawn his name. If such a request for withdrawal is | ||
received after the date for certification of the candidates for | ||
the ballot, then the votes cast for the withdrawn candidate are | ||
invalid and shall not be reported by the election authority. If |
the name of the
same person has been presented as a candidate | ||
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 ballot, for any | ||
office. However, nothing in this section
shall be construed as | ||
precluding a judge who is seeking retention in office
from also | ||
being a candidate for another judicial office. Except as
| ||
otherwise herein provided, in case the certificate of | ||
nomination or
petition as provided for in this Article shall | ||
contain or exhibit the name
of any candidate for any office | ||
upon more than one of said certificates or
petitions (for the | ||
same office), then and in that case the Board or
election | ||
authority or local election official, as the case may be, shall
| ||
immediately notify said candidate of said fact and that his | ||
name appears
unlawfully upon more than one of said certificates | ||
or petitions and that
within 3 days from the receipt of said | ||
notification, said candidate must
elect as to which of said | ||
political party appellations or groups he desires
his name to | ||
appear and remain under upon said ballot, and if said candidate
| ||
refuses, fails or neglects to make such election, then and in | ||
that case the
Board or election authority or local election | ||
official, as the case may be,
shall permit the name of said |
candidate to appear or be printed or placed
upon said ballot | ||
only under the political party appellation or group
appearing | ||
on the certificate of nomination or petition, as the case may | ||
be,
first filed, and shall strike or cause to be stricken the | ||
name of said
candidate from all certificates of nomination and | ||
petitions
filed after the first such certificate of nomination | ||
or petition.
| ||
Whenever the name of a candidate for an office is withdrawn | ||
from a new
political party petition, it shall constitute a | ||
vacancy in nomination for
that office which may be filled in | ||
accordance with Section 10-11 of this
Article; provided, that | ||
if the names of all candidates for all offices on
a new | ||
political party petition are withdrawn or such petition is | ||
declared
invalid by an electoral board or upon judicial review, | ||
no vacancies in
nomination for those offices shall exist and | ||
the filing of any notice or
resolution purporting to fill | ||
vacancies in nomination shall have no legal effect.
| ||
Whenever the name of an independent candidate for an office | ||
is withdrawn
or an independent candidate's petition is declared | ||
invalid by an electoral
board or upon judicial review, no | ||
vacancy in nomination for that office
shall exist and the | ||
filing of any notice or resolution purporting to fill
a vacancy | ||
in nomination shall have no legal effect.
| ||
All certificates of nomination and nomination papers when | ||
presented or
filed shall be open, under proper regulation, to | ||
public inspection, and the
State Board of Elections and the |
several election authorities and local
election officials | ||
having charge of nomination papers shall preserve the
same in | ||
their respective offices not less than 6 months.
| ||
(Source: P.A. 86-875.)
| ||
(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| ||
Sec. 10-9. The following electoral boards are designated | ||
for the
purpose of hearing and passing upon the objector's | ||
petition described in
Section 10-8.
| ||
1. The State Board of Elections will hear and pass upon | ||
objections
to the nominations of candidates for State | ||
offices,
nominations of candidates for congressional, | ||
legislative and judicial
offices of districts, | ||
subcircuits, or circuits situated in more than one county, | ||
nominations
of candidates for the offices of State's | ||
attorney or regional superintendent
of schools to be | ||
elected from more than one county, and petitions for
| ||
proposed amendments to the Constitution of the State of | ||
Illinois as
provided for in Section 3 of Article XIV of the | ||
Constitution.
| ||
2. The county officers electoral board to hear and pass | ||
upon
objections to the nominations of candidates for county | ||
offices,
for congressional, legislative and judicial | ||
offices of a district, subcircuit, or
circuit coterminous | ||
with or less than a county, for any school district offices | ||
trustees to be
voted for by the electors of the county or |
by the electors of a township of
the county , for the office | ||
of multi-township assessor where candidates for
such | ||
office are nominated in accordance with this Code, and for | ||
all special
district offices, shall be composed of the | ||
county clerk, or an assistant
designated by the county | ||
clerk, the State's attorney of the county or
an Assistant | ||
State's Attorney designated by the State's Attorney, and | ||
the
clerk of the circuit court, or an assistant designated | ||
by the clerk of
the circuit court, of the county, of whom | ||
the county clerk or his designee
shall be the chairman, | ||
except that in any county which has established a
county | ||
board of election commissioners that board
shall | ||
constitute the county officers electoral board ex-officio. | ||
If a school district is located in 2 or more counties, the | ||
county officers electoral board of the county in which the | ||
principal office of the school district is located shall | ||
hear and pass upon objections to nominations of candidates | ||
for school district office in that school district.
| ||
3. The municipal officers electoral board to hear and | ||
pass upon
objections to the nominations of candidates for | ||
officers of
municipalities shall be composed of the mayor | ||
or president of the board
of trustees of the city, village | ||
or incorporated town, and the city,
village or incorporated | ||
town clerk, and one member of the city council
or board of | ||
trustees, that member being designated who is eligible to
| ||
serve on the electoral board and has served the
greatest |
number of years as a member of the city council or board of
| ||
trustees, of whom the mayor or president of the board of | ||
trustees shall
be the chairman.
| ||
4. The township officers electoral board to pass upon | ||
objections to
the nominations of township officers shall be | ||
composed of the township
supervisor, the town clerk, and | ||
that eligible town trustee elected in the
township who has | ||
had the longest term of continuous service as town
trustee, | ||
of whom the township supervisor shall be the chairman.
| ||
5. The education officers electoral board to hear and | ||
pass upon
objections to the nominations of candidates for | ||
offices in school or
community college districts shall be | ||
composed of the presiding officer of
the school or | ||
community college district board, who shall be the | ||
chairman,
the secretary of the school or community college | ||
district board and the
eligible elected school or community | ||
college board member who has the
longest term of continuous | ||
service as a board member.
| ||
6. In all cases, however, where the Congressional, | ||
Legislative, or Representative
district is wholly or | ||
partially within the jurisdiction of a single municipal | ||
board of election
commissioners in Cook County and in all | ||
cases where the school district or special
district is | ||
wholly within the jurisdiction of a municipal board of
| ||
election commissioners and in all cases where the | ||
municipality or
township is wholly or partially within the |
jurisdiction of a municipal
board of election | ||
commissioners, the board of election commissioners
shall | ||
ex-officio constitute the electoral board.
| ||
For special districts situated in more than one county, the | ||
county officers
electoral board of the county in which the | ||
principal office of the district
is located has jurisdiction to | ||
hear and pass upon objections. For purposes
of this Section, | ||
"special districts" means all political subdivisions other
| ||
than counties, municipalities, townships and school and | ||
community college
districts.
| ||
In the event that any member of the appropriate board is a | ||
candidate
for the office with relation to which the objector's | ||
petition is filed,
he shall not be eligible to serve on that | ||
board and shall not act as
a member of the board and his place | ||
shall be filled as follows:
| ||
a. In the county officers electoral board by the county
| ||
treasurer, and if he or she is ineligible to serve, by the | ||
sheriff of the
county.
| ||
b. In the municipal officers electoral board by the | ||
eligible
elected city council or board of trustees member | ||
who has served the second
greatest number of years as a | ||
city council or board of trustees member.
| ||
c. In the township officers electoral board by the | ||
eligible
elected town trustee who has had the second | ||
longest term of continuous service
as a town trustee.
| ||
d. In the education officers electoral board by the |
eligible
elected school or community college district | ||
board member who has had the
second longest term of | ||
continuous service as a board member.
| ||
In the event that the chairman of the electoral board is | ||
ineligible
to act because of the fact that he or she is a | ||
candidate for the office with
relation to which the objector's | ||
petition is filed, then the substitute
chosen under the | ||
provisions of this Section shall be the chairman; In
this case, | ||
the officer or board with whom the objector's petition is
| ||
filed, shall transmit the certificate of nomination or | ||
nomination papers
as the case may be, and the objector's | ||
petition to the substitute
chairman of the electoral board.
| ||
When 2 or more eligible individuals, by reason of their | ||
terms of service
on a city council or board of trustees, | ||
township board of
trustees, or school or community college | ||
district board, qualify to serve
on an electoral board, the one | ||
to serve shall be chosen by lot.
| ||
Any vacancies on an electoral board not otherwise filled | ||
pursuant to this
Section shall be filled by public members | ||
appointed by the Chief Judge of
the Circuit Court for the | ||
county wherein the electoral board hearing is
being held upon | ||
notification to the Chief Judge of such
vacancies. The Chief | ||
Judge shall be so notified by a member of the electoral
board | ||
or the officer or board with whom the objector's petition was | ||
filed.
In the event that none of the individuals designated by | ||
this Section to
serve on the electoral board are eligible, the |
chairman of an electoral
board shall be designated by the Chief | ||
Judge.
| ||
(Source: P.A. 96-1008, eff. 7-6-10.)
| ||
(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| ||
Sec. 10-10. Within 24 hours after the receipt of the | ||
certificate of
nomination or nomination papers or proposed | ||
question of public
policy, as the case may be, and the | ||
objector's petition, the chairman
of the electoral board other | ||
than the State Board of Elections shall
send a call by | ||
registered or certified mail to each of the members of the
| ||
electoral board, and to the objector who filed the objector's | ||
petition, and
either to the candidate whose certificate of | ||
nomination or nomination
papers are objected to or to the | ||
principal proponent or attorney for
proponents of a question of | ||
public policy, as the case may be, whose
petitions are objected | ||
to, and shall also cause the sheriff of the county
or counties | ||
in which such officers and persons reside to serve a copy of
| ||
such call upon each of such officers and persons, which call | ||
shall set out
the fact that the electoral board is required to | ||
meet to hear and pass upon
the objections to nominations made | ||
for the office, designating it, and
shall state the day, hour | ||
and place at which the electoral board shall meet
for the | ||
purpose, which place shall be in the
county court house in the | ||
county in the case of the County Officers
Electoral Board, the | ||
Municipal Officers Electoral Board, the Township
Officers |
Electoral Board or the Education Officers Electoral Board, | ||
except that the Municipal Officers Electoral Board, the | ||
Township Officers Electoral Board, and the Education Officers | ||
Electoral Board may meet at the location where the governing | ||
body of the municipality, township, or school or community | ||
college district, respectively, holds its regularly scheduled | ||
meetings, if that location is available; provided that voter | ||
records may be removed from the offices of an election | ||
authority only at the discretion and under the supervision of | ||
the election authority.
In
those cases where the State Board of | ||
Elections is the electoral board
designated under Section 10-9, | ||
the chairman of the State Board of Elections
shall, within 24 | ||
hours after the receipt of the certificate of nomination
or | ||
nomination papers or petitions for a proposed amendment to | ||
Article IV of
the Constitution or proposed statewide question | ||
of public policy, send a
call by registered or certified mail | ||
to the objector who files the
objector's petition, and either | ||
to the candidate whose certificate of
nomination or nomination | ||
papers are objected to or to the principal
proponent or | ||
attorney for proponents of the proposed Constitutional
| ||
amendment or statewide question of public policy and shall | ||
state the day,
hour and place at which the electoral board | ||
shall meet for the purpose,
which place may be in the Capitol | ||
Building or in the principal or permanent
branch office of the | ||
State Board. The day of the meeting shall not be less
than 3 | ||
nor more than 5 days after the receipt of the certificate of
|
nomination or nomination papers and the objector's petition by | ||
the chairman
of the electoral board.
| ||
The electoral board shall have the power to administer | ||
oaths and to
subpoena and examine witnesses and at the request | ||
of either party the
chairman may issue subpoenas requiring the | ||
attendance of witnesses and
subpoenas duces tecum requiring the | ||
production of such books, papers,
records and documents as may | ||
be evidence of any matter under inquiry
before the electoral | ||
board, in the same manner as witnesses are
subpoenaed in the | ||
Circuit Court.
| ||
Service of such subpoenas shall be made by any sheriff or | ||
other
person in the same manner as in cases in such court and | ||
the fees of such
sheriff shall be the same as is provided by | ||
law, and shall be paid by
the objector or candidate who causes | ||
the issuance of the subpoena. In
case any person so served | ||
shall knowingly neglect or refuse to obey any
such subpoena, or | ||
to testify, the electoral board shall at once file a
petition | ||
in the circuit court of the county in which such hearing is to
| ||
be heard, or has been attempted to be heard, setting forth the | ||
facts, of
such knowing refusal or neglect, and accompanying the | ||
petition with a
copy of the citation and the answer, if one has | ||
been filed, together
with a copy of the subpoena and the return | ||
of service thereon, and shall
apply for an order of court | ||
requiring such person to attend and testify,
and forthwith | ||
produce books and papers, before the electoral board. Any
| ||
circuit court of the state, excluding the judge who is sitting |
on the electoral
board, upon such showing shall order such | ||
person to appear and testify,
and to forthwith produce such | ||
books and papers, before the electoral board
at a place to be | ||
fixed by the court. If such person shall knowingly fail
or | ||
refuse to obey such order of the court without lawful excuse, | ||
the court
shall punish him or her by fine and imprisonment, as | ||
the nature of the case
may require and may be lawful in cases | ||
of contempt of court.
| ||
The electoral board on the first day of its meeting shall | ||
adopt rules
of procedure for the introduction of evidence and | ||
the presentation of
arguments and may, in its discretion, | ||
provide for the filing of briefs
by the parties to the | ||
objection or by other interested persons.
| ||
In the event of a State Electoral Board hearing on | ||
objections to a
petition for an amendment to Article IV of the | ||
Constitution
pursuant to Section 3 of Article XIV of the | ||
Constitution, or to a
petition for a question of public policy | ||
to be submitted to the
voters of the entire State, the | ||
certificates of the county clerks and boards
of election | ||
commissioners showing the results of the random sample of
| ||
signatures on the petition shall be prima facie valid and | ||
accurate, and
shall be presumed to establish the number of | ||
valid and invalid
signatures on the petition sheets reviewed in | ||
the random sample, as prescribed
in Section 28-11 and 28-12 of | ||
this Code. Either party, however, may introduce
evidence at | ||
such hearing to dispute the findings as to particular |
signatures.
In addition to the foregoing, in the absence of | ||
competent evidence presented
at such hearing by a party | ||
substantially challenging the results of a random
sample, or | ||
showing a different result obtained by an additional sample,
| ||
this certificate of a county clerk or board of election | ||
commissioners shall
be presumed to establish the ratio of valid | ||
to invalid signatures within
the particular election | ||
jurisdiction.
| ||
The electoral board shall take up the question as to | ||
whether or not
the certificate of nomination or nomination | ||
papers or petitions are in
proper form, and whether or not they | ||
were filed within the time and
under the conditions required by | ||
law, and whether or not they are the
genuine certificate of | ||
nomination or nomination papers or petitions
which they purport | ||
to be, and whether or not in the case of the
certificate of | ||
nomination in question it represents accurately the
decision of | ||
the caucus or convention issuing it, and in general shall
| ||
decide whether or not the certificate of nomination or | ||
nominating papers
or petitions on file are valid or whether the | ||
objections thereto should
be sustained and the decision of a | ||
majority of the electoral board shall
be final subject to | ||
judicial review as provided in Section 10-10.1. The
electoral | ||
board must state its findings in writing and must state in
| ||
writing which objections, if any, it has sustained. A copy of | ||
the decision shall be served upon the parties to the | ||
proceedings in open proceedings before the electoral board. If |
a party does not appear for receipt of the decision, the | ||
decision shall be deemed to have been served on the absent | ||
party on the date when a copy of the decision is personally | ||
delivered or on the date when a copy of the decision is | ||
deposited in the Unites States mail, in a sealed envelope or | ||
package, with postage prepaid, addressed to each party affected | ||
by the decision or to such party's attorney of record, if any, | ||
at the address on record for such person in the files of the | ||
electoral board.
| ||
Upon the expiration of the period within which a proceeding | ||
for
judicial review must be commenced under Section 10-10.1, | ||
the electoral
board shall, unless a proceeding for judicial | ||
review has been commenced
within such period, transmit, by | ||
registered or certified mail, a
certified copy of its ruling, | ||
together with the original certificate of
nomination or | ||
nomination papers or petitions and the original objector's
| ||
petition, to the officer or board with whom the certificate of
| ||
nomination or nomination papers or petitions, as objected to, | ||
were on
file, and such officer or board shall abide by and | ||
comply with the
ruling so made to all intents and purposes.
| ||
(Source: P.A. 95-872, eff. 1-1-09; 96-1008, eff. 7-6-10 .)
| ||
(10 ILCS 5/17-23) (from Ch. 46, par. 17-23)
| ||
Sec. 17-23. Pollwatchers in a general election shall be | ||
authorized in
the following manner:
| ||
(1) Each established political party shall be entitled to |
appoint
two pollwatchers per precinct. Such pollwatchers must | ||
be affiliated
with the political party for which they are | ||
pollwatching. For all
elections, the pollwatchers must be
| ||
registered to vote in Illinois.
| ||
(2) Each candidate shall be entitled to appoint two | ||
pollwatchers per
precinct. For all elections, the pollwatchers | ||
must be
registered to vote
in Illinois.
| ||
(3) Each organization of citizens within the county or | ||
political
subdivision, which has among its purposes or | ||
interests the investigation
or prosecution of election frauds, | ||
and which shall have registered its
name and address and the | ||
name and addresses of its principal officers
with the proper | ||
election authority at least 40 days before the election,
shall | ||
be entitled to appoint one pollwatcher per precinct. For all
| ||
elections, the pollwatcher must be registered to vote in
| ||
Illinois.
| ||
(3.5) Each State nonpartisan civic organization within the | ||
county or political subdivision shall be entitled to appoint | ||
one pollwatcher per precinct, provided that no more than 2 | ||
pollwatchers appointed by State nonpartisan civic | ||
organizations shall be present in a precinct polling place at | ||
the same time. Each organization shall have registered the | ||
names and addresses of its principal officers with the proper | ||
election authority at least 40 days before the election. The | ||
pollwatchers must be registered to vote in Illinois. For the | ||
purpose of this paragraph, a "State nonpartisan civic |
organization" means any corporation, unincorporated | ||
association, or organization that: | ||
(i) as part of its written articles of incorporation, | ||
bylaws, or charter or by separate written declaration, has | ||
among its stated purposes the provision of voter | ||
information and education, the protection of individual | ||
voters' rights, and the promotion of free and equal | ||
elections; | ||
(ii) is organized or primarily conducts its activities | ||
within the State of Illinois; and | ||
(iii) continuously maintains an office or business | ||
location within the State of Illinois, together with a | ||
current listed telephone number (a post office box number | ||
without a current listed telephone number is not | ||
sufficient).
| ||
(4) In any general election held to elect candidates for | ||
the offices of
a municipality of less than 3,000,000 population | ||
that is situated in 2 or
more counties, a pollwatcher who is a | ||
resident of Illinois shall be eligible to serve as a
| ||
pollwatcher in any poll located within such
municipality, | ||
provided that such pollwatcher otherwise complies with the
| ||
respective requirements of subsections (1) through (3) of this | ||
Section and
is a registered voter in Illinois.
| ||
(5) Each organized group of proponents or opponents of a | ||
ballot
proposition, which shall have registered the name and | ||
address of its
organization or committee and the name and |
address of its chairman with the
proper election authority at | ||
least 40 days before the election, shall be
entitled to appoint | ||
one pollwatcher per precinct. The pollwatcher
must be
| ||
registered to vote in Illinois.
| ||
All pollwatchers shall be required to have proper | ||
credentials. Such
credentials shall be printed in sufficient | ||
quantities, shall be issued
by and under the facsimile | ||
signature(s) of the election authority or the State Board of | ||
Elections and
shall be available for distribution by the | ||
election authority and State Board of Elections at least 2 | ||
weeks prior to the
election. Such credentials shall be | ||
authorized by the real or facsimile
signature of the State or | ||
local party official or the candidate or the
presiding officer | ||
of the civic organization or the chairman of the
proponent or | ||
opponent group, as the case may be. Neither the The election | ||
authority nor the State Board of Elections may not require any | ||
such party official or the candidate or the presiding officer | ||
of the civic organization or the chairman of the proponent or | ||
opponent group to submit the names or other information | ||
concerning pollwatchers before making credentials available to | ||
such persons or organizations.
| ||
Pollwatcher credentials shall be in substantially the | ||
following form:
| ||
POLLWATCHER CREDENTIALS
| ||
TO THE JUDGES OF ELECTION:
|
In accordance with the provisions of the Election
Code, the | ||
undersigned hereby appoints .......... (name of pollwatcher)
| ||
who resides at ........... (address) in the county
of | ||
..........., .......... (township or municipality)
of | ||
........... (name), State of Illinois and who is duly | ||
registered
to vote from this address, to act as a pollwatcher | ||
in the
........... precinct of the ........... ward (if | ||
applicable)
of the ........... (township or municipality) of | ||
........... at the
........... election to be held on (insert | ||
date).
| ||
........................ (Signature of Appointing Authority)
| ||
......................... TITLE (party official, candidate,
| ||
civic organization president,
| ||
proponent or opponent group chairman)
| ||
Under penalties provided by law pursuant to Section 29-10 | ||
of the
Election Code, the undersigned pollwatcher certifies | ||
that he or she resides
at ................ (address) in the | ||
county of ............, .........
(township or municipality) | ||
of ........... (name), State of Illinois, and is
duly | ||
registered to vote in Illinois.
| ||
.......................... .......................
| ||
(Precinct and/or Ward in (Signature of Pollwatcher)
| ||
Which Pollwatcher Resides)
| ||
Pollwatchers must present their credentials to the Judges |
of Election
upon entering the polling place. Pollwatcher | ||
credentials properly
executed and signed shall be proof of the | ||
qualifications of the
pollwatcher authorized thereby. Such | ||
credentials are retained by the
Judges and returned to the | ||
Election Authority at the end of the day of
election with the | ||
other election materials. Once a pollwatcher has
surrendered a | ||
valid credential, he may leave and reenter the polling place
| ||
provided that such continuing action does not disrupt the | ||
conduct of the
election. Pollwatchers may be substituted during | ||
the course of the day, but
established political parties, | ||
candidates and qualified civic organizations
can have only as | ||
many pollwatchers at any given time as are authorized in
this | ||
Article. A substitute must present his signed credential to the
| ||
judges of election upon entering the polling place. Election | ||
authorities
must provide a sufficient number of credentials to | ||
allow for substitution
of pollwatchers. After the polls have | ||
closed pollwatchers shall be allowed
to remain until the | ||
canvass of votes is completed; but may leave and
reenter only | ||
in cases of necessity, provided that such action is not so
| ||
continuous as to disrupt the canvass of votes.
| ||
Candidates seeking office in a district or municipality | ||
encompassing 2
or more counties shall be admitted to any and | ||
all polling places throughout
such district or municipality | ||
without regard to the counties in which such
candidates are | ||
registered to vote. Actions of such candidates shall be
| ||
governed in each polling place by the same privileges and |
limitations that
apply to pollwatchers as provided in this | ||
Section. Any such candidate who
engages in an activity in a | ||
polling place which could reasonably be
construed by a majority | ||
of the judges of election as campaign activity
shall be removed | ||
forthwith from such polling place.
| ||
Candidates seeking office in a district or municipality | ||
encompassing 2 or
more counties who desire to be admitted to | ||
polling places on election day
in such district or municipality | ||
shall be required to have proper
credentials. Such credentials | ||
shall be printed in sufficient quantities,
shall be issued by | ||
and under the facsimile signature of the State Board of | ||
Elections or the
election authority of the election | ||
jurisdiction where the polling place in
which the candidate | ||
seeks admittance is located, and shall be available for
| ||
distribution at least 2 weeks prior to the election. Such | ||
credentials shall
be signed by the candidate.
| ||
Candidate credentials shall be in substantially the | ||
following form:
| ||
CANDIDATE CREDENTIALS
| ||
TO THE JUDGES OF ELECTION:
| ||
In accordance with the provisions of the Election Code, I | ||
...... (name of
candidate) hereby certify that I am a candidate | ||
for ....... (name of
office) and seek admittance to ....... | ||
precinct of the ....... ward (if
applicable) of the ....... | ||
(township or municipality) of ....... at the
....... election |
to be held on (insert date).
| ||
......................... .......................
| ||
(Signature of Candidate) OFFICE FOR WHICH
| ||
CANDIDATE SEEKS
| ||
NOMINATION OR
| ||
ELECTION
| ||
Pollwatchers shall be permitted to observe all proceedings | ||
and view all reasonably requested records relating
to the | ||
conduct of the election, provided the secrecy of the ballot is | ||
not impinged, and to station themselves in a position
in the | ||
voting room as will enable them to observe the judges making | ||
the
signature comparison between the voter application and the | ||
voter
registration record card; provided, however, that such | ||
pollwatchers
shall not be permitted to station themselves in | ||
such close proximity to
the judges of election so as to | ||
interfere with the orderly conduct of
the election and shall | ||
not, in any event, be permitted to handle
election materials. | ||
Pollwatchers may challenge for cause the voting
qualifications | ||
of a person offering to vote and may call to the
attention of | ||
the judges of election any incorrect procedure or apparent
| ||
violations of this Code.
| ||
If a majority of the judges of election determine that the | ||
polling
place has become too overcrowded with pollwatchers so | ||
as to interfere
with the orderly conduct of the election, the | ||
judges shall, by lot,
limit such pollwatchers to a reasonable |
number, except that each
established or new political party | ||
shall be permitted to have at least
one pollwatcher present.
| ||
Representatives of an election authority, with regard to an | ||
election
under its jurisdiction, the State Board of Elections, | ||
and law
enforcement agencies, including but not limited to a | ||
United States
Attorney, a State's attorney, the Attorney | ||
General, and a State, county,
or local police department, in | ||
the performance of their official
election duties, shall be | ||
permitted at all times to enter and remain in
the polling | ||
place. Upon entering the polling place, such
representatives | ||
shall display their official credentials or other
| ||
identification to the judges of election.
| ||
Uniformed police officers assigned to polling place duty | ||
shall follow
all lawful instructions of the judges of election.
| ||
The provisions of this Section shall also apply to | ||
supervised casting of
absentee ballots as provided in Section | ||
19-12.2 of this Act.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 95-267, eff. 8-17-07; | ||
95-699, eff. 11-9-07; 95-876, eff. 8-21-08.)
| ||
(10 ILCS 5/18A-15)
| ||
Sec. 18A-15. Validating and counting provisional ballots.
| ||
(a) The county clerk or board of election commissioners | ||
shall complete the
validation and counting of provisional | ||
ballots within 14 calendar days of
the day of the election. The | ||
county clerk or board of election commissioners
shall have 7 |
calendar days from the completion of the validation and
| ||
counting of provisional ballots to conduct its final canvass. | ||
The State Board
of Elections shall complete within 31 calendar | ||
days of the election or sooner
if all the returns are received, | ||
its final canvass of the vote for all public
offices.
| ||
(b) If a county clerk or board of election commissioners | ||
determines that all
of the following apply, then a provisional | ||
ballot is valid and shall be counted
as a vote:
| ||
(1) the provisional voter cast the provisional ballot | ||
in the correct
precinct based on the address provided by | ||
the provisional voter. The provisional voter's affidavit | ||
shall serve as a change of address request by that voter | ||
for registration purposes for the next ensuing election if | ||
it bears an address different from that in the records of | ||
the election authority . Votes for federal and statewide | ||
offices on a provisional ballot cast in the incorrect | ||
precinct that meet the other requirements of this | ||
subsection shall be valid and counted in accordance with | ||
rules adopted by the State Board of Elections. As used in | ||
this item, "federal office" is defined as provided in | ||
Section 20-1 and "statewide office" means the Governor, | ||
Attorney General, Secretary of State, Comptroller, and | ||
Treasurer. Votes for General Assembly, countywide, | ||
citywide, or township office on a provisional ballot cast | ||
in the incorrect precinct but in the correct legislative | ||
district, representative district, county, municipality, |
or township, as the case may be, shall be valid and counted | ||
in accordance with rules adopted by the State Board of | ||
Elections. As used in this item, "citywide office" means an | ||
office elected by the electors of an entire municipality. | ||
As used in this item, "township office" means an office | ||
elected by the electors of an entire township ;
| ||
(2) the affidavit executed by the provisional voter | ||
pursuant to subsection
(b)(2) of Section 18A-5 contains, at | ||
a minimum, the provisional voter's first and last name, | ||
house number and street name, and signature or mark;
| ||
(3) the provisional voter is a registered voter based | ||
on information
available to the county clerk or board of | ||
election commissioners provided by or
obtained from any of | ||
the following:
| ||
i. the provisional voter;
| ||
ii. an election judge;
| ||
iii. the statewide voter registration database | ||
maintained by the State
Board of Elections;
| ||
iv. the records of the county clerk or board of | ||
election commissioners'
database; or
| ||
v. the records of the Secretary of State; and | ||
(4) for a provisional ballot cast under item (6) of | ||
subsection (a) of Section 18A-5, the voter did not vote by | ||
absentee ballot in the election at which the provisional | ||
ballot was cast.
| ||
(c) With respect to subsection (b)(3) of this Section, the |
county clerk or
board of election commissioners shall | ||
investigate and record whether or not the specified information | ||
is available from each of the 5 identified sources. If the | ||
information is available from one or more of the identified | ||
sources, then the
county clerk or board of election | ||
commissioners shall seek to obtain the
information from each of | ||
those sources until satisfied, with information from at least | ||
one of those sources, that the provisional voter is registered | ||
and entitled to vote. The county clerk
or board of election | ||
commissioners shall use any information it obtains as the
basis | ||
for determining the voter registration status of the | ||
provisional voter.
If a conflict exists among the information | ||
available to the county clerk or
board of election | ||
commissioners as to the registration status of the
provisional | ||
voter, then the county clerk or board of election commissioners
| ||
shall make a
determination based on the totality of the | ||
circumstances. In a case where the
above information equally | ||
supports or opposes the registration status of the
voter, the | ||
county clerk or board of election commissioners shall decide in
| ||
favor of the provisional voter as being duly registered to | ||
vote. If the
statewide voter registration database maintained | ||
by the State Board of
Elections indicates that the provisional | ||
voter is registered to vote, but the
county clerk's or board of | ||
election commissioners' voter registration database
indicates | ||
that the provisional voter is not registered to vote, then the
| ||
information found in the statewide voter registration database |
shall control
the matter and the provisional voter shall be | ||
deemed to be registered to vote.
If the records of the county | ||
clerk or board of election commissioners indicates
that the | ||
provisional
voter is registered to vote, but the statewide | ||
voter registration database
maintained by the State Board of | ||
Elections indicates that the provisional voter
is not | ||
registered to vote, then the information found in the records | ||
of the
county clerk or board of election commissioners shall | ||
control the matter and
the provisional voter shall be deemed to | ||
be registered to vote. If the
provisional voter's signature on | ||
his or her provisional ballot request varies
from the signature | ||
on
an otherwise valid registration application solely because | ||
of the substitution
of initials for the first or middle name, | ||
the election authority may not reject
the provisional ballot.
| ||
(d) In validating the registration status of a person | ||
casting a provisional
ballot, the county clerk or board of | ||
election commissioners shall not require a
provisional voter to | ||
complete any form other than the affidavit executed by the
| ||
provisional voter under subsection (b)(2) of Section 18A-5. In | ||
addition,
the
county clerk or board of election commissioners | ||
shall not require all
provisional voters or
any particular | ||
class or group of provisional voters to appear personally | ||
before
the county clerk or board of election commissioners or | ||
as a matter of policy
require provisional voters to submit | ||
additional information to verify or
otherwise support the | ||
information already submitted by the provisional voter.
Within |
2 calendar days after the election, the election authority | ||
shall transmit by electronic means pursuant to a process | ||
established by the State Board of Elections the name, street | ||
address, e-mail address, and precinct, ward, township, and | ||
district numbers, as the case may be, of each person casting a | ||
provisional ballot to the State Board of Elections, which shall | ||
maintain those names and that information in an electronic | ||
format on its website, arranged by county and accessible to | ||
State and local political committees. The provisional voter | ||
may, within 7 2 calendar days after the election, submit
| ||
additional information to the county clerk or board of election | ||
commissioners.
This information must be received by the county | ||
clerk or board of election
commissioners within the | ||
7-calendar-day 2-calendar-day period.
| ||
(e) If the county clerk or board of election commissioners | ||
determines that
subsection (b)(1), (b)(2), or (b)(3) does not | ||
apply, then the provisional
ballot is not valid
and may not be | ||
counted. The provisional ballot envelope containing the ballot
| ||
cast by the provisional voter may not be opened. The county | ||
clerk or board of
election commissioners shall write on the | ||
provisional ballot envelope the
following: "Provisional ballot | ||
determined invalid.".
| ||
(f) If the county clerk or board of election commissioners | ||
determines that a
provisional ballot is valid under this | ||
Section, then the provisional ballot
envelope shall be opened. | ||
The outside of each provisional ballot
envelope shall
also be
|
marked to identify the precinct and the date of the election.
| ||
(g) Provisional ballots determined to be valid shall be | ||
counted at the election authority's central ballot counting | ||
location and shall not be counted in precincts. The provisional | ||
ballots determined to be valid shall be added to the
vote
| ||
totals for the precincts from which they were cast in the order | ||
in which the
ballots were opened.
The validation and counting | ||
of provisional ballots shall be subject to the
provisions of | ||
this Code that apply to pollwatchers.
If the provisional | ||
ballots are a ballot of a punch card
voting system, then the | ||
provisional ballot shall be counted in a manner
consistent with | ||
Article 24A. If the provisional ballots
are a ballot of optical | ||
scan or other type of approved electronic voting
system, then | ||
the provisional ballots shall be counted in a manner consistent
| ||
with Article 24B.
| ||
(h) As soon as the ballots have been counted, the election | ||
judges or
election officials shall, in
the presence of the | ||
county clerk or board of election commissioners, place each
of | ||
the following items in a separate envelope or bag: (1) all | ||
provisional
ballots, voted or spoiled; (2)
all provisional | ||
ballot envelopes of provisional ballots voted or spoiled; and
| ||
(3) all executed affidavits
of the provisional ballots voted or | ||
spoiled.
All provisional ballot envelopes for provisional | ||
voters who have been
determined
not to be registered to vote | ||
shall remain sealed. The county clerk or board of
election | ||
commissioners shall treat the provisional ballot envelope |
containing
the written affidavit as a voter registration | ||
application for that person for
the next election and process | ||
that application.
The election judges or election officials | ||
shall then
securely
seal each envelope or bag, initial the | ||
envelope or bag, and plainly mark on the
outside of the | ||
envelope or bag in ink the precinct in which the provisional
| ||
ballots were cast. The election judges or election officials | ||
shall then place
each sealed envelope or
bag into a box, secure | ||
and seal it in the same manner as described in
item (6) of | ||
subsection (b) of Section 18A-5. Each election judge or | ||
election
official shall take and subscribe an oath
before the | ||
county clerk or
board of election commissioners that the | ||
election judge or election official
securely kept the
ballots | ||
and papers in the box, did not permit any person to open the | ||
box or
otherwise touch or tamper with the ballots and papers in | ||
the box, and has no
knowledge of any other person opening the | ||
box.
For purposes of this Section, the term "election official" | ||
means the county
clerk, a member of the board of election | ||
commissioners, as the case may be, and
their respective | ||
employees.
| ||
(Source: P.A. 97-766, eff. 7-6-12.)
| ||
(10 ILCS 5/19-2) (from Ch. 46, par. 19-2) | ||
Sec. 19-2. Any elector as defined in Section 19-1 may by | ||
mail or electronically on the website of the appropriate | ||
election authority , not more than 40 nor less than 5 days prior |
to the
date of such election, or by personal delivery not more | ||
than 40 nor less
than one day prior to the date of such | ||
election, make application to the
county clerk or to the Board | ||
of Election Commissioners for an official
ballot for the | ||
voter's precinct to be voted at such election.
Such a ballot | ||
shall be delivered to the elector only upon separate | ||
application by the elector for each election.
| ||
(Source: P.A. 96-553, eff. 8-17-09; 97-81, eff. 7-5-11.)
| ||
(10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) | ||
Sec. 19-2.1. In-person absentee voting in the office of the | ||
municipal, township, or road district clerks. At the | ||
consolidated primary, general primary,
consolidated, and | ||
general elections, electors entitled
to vote
by absentee ballot | ||
under the provisions of Section 19-1
may vote in person at the | ||
office of the municipal clerk, if the elector
is a resident of | ||
a municipality not having a board of election commissioners,
or | ||
at the office of the township clerk or, in counties not under | ||
township
organization, at the office of the road district clerk | ||
if the elector is
not a resident of a municipality; provided, | ||
in each case that the municipal,
township or road district | ||
clerk, as the case may be, is authorized to conduct
in-person | ||
absentee voting pursuant to this Section. Absentee voting in | ||
such
municipal and township clerk's offices under this Section | ||
shall be
conducted from the 22nd day through the day before the | ||
election. |
Municipal and township clerks (or road district clerks) who | ||
have regularly
scheduled working hours at regularly designated | ||
offices other than a place
of residence and whose offices are | ||
open for business during the same hours
as the office of the | ||
election authority shall conduct in-person absentee
voting for | ||
said elections. Municipal and township clerks (or road district
| ||
clerks) who have no regularly scheduled working hours but who | ||
have regularly
designated offices other than a place of | ||
residence shall conduct in-person
absentee voting for said | ||
elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | ||
a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | ||
Saturdays, but not during such hours as the office of the | ||
election
authority is closed, unless the clerk files a written | ||
waiver with the
election authority not later than July 1 of | ||
each year stating that he or
she is unable to conduct such | ||
voting and the reasons therefor. Such clerks
who conduct | ||
in-person absentee voting may extend their hours for that
| ||
purpose to include any hours in which the election authority's | ||
office is
open. Municipal and township clerks (or
road district | ||
clerks) who have no regularly scheduled office hours and no
| ||
regularly designated offices other than a place of residence | ||
may not conduct
in-person absentee voting for said elections. | ||
The election authority may
devise alternative methods for | ||
in-person absentee voting before said elections
for those | ||
precincts located within the territorial area of a municipality
| ||
or township (or road district) wherein the clerk of such |
municipality or
township (or road district) has waived or is | ||
not entitled to conduct such
voting.
In addition, electors may | ||
vote by absentee ballot under the provisions of
Section 19-1 at | ||
the office of the election authority having jurisdiction
over | ||
their residence. Unless specifically authorized by the | ||
election authority, municipal,
township, and road district | ||
clerks shall not conduct in-person absentee
voting. No less | ||
than 45 days
before the date of an election, the election | ||
authority shall notify the
municipal, township, and road | ||
district clerks within its jurisdiction if
they are to conduct | ||
in-person absentee voting. Election authorities, however, may | ||
conduct in-person absentee voting in one or more designated
| ||
appropriate public buildings from the fourth
day before the | ||
election through
the day before the election.
| ||
In conducting in-person absentee voting under this | ||
Section, the respective
clerks shall be required to verify the | ||
signature of the absentee
voter by comparison with the | ||
signature on the official registration
record card. The clerk | ||
also shall reasonably ascertain the identity
of such applicant, | ||
shall verify that each such applicant is a registered
voter, | ||
and shall verify the precinct in which he or she is registered
| ||
and the proper ballots of the political subdivisions in which | ||
the
applicant resides and is entitled to vote, prior to | ||
providing any
absentee ballot to such applicant. The clerk | ||
shall verify the
applicant's registration and from the most | ||
recent poll list provided by
the county clerk, and if the |
applicant is not listed on that poll list
then by telephoning | ||
the office of the county clerk. | ||
Within one day after a voter casts an in-person absentee | ||
ballot, the appropriate election authority shall transmit by | ||
electronic means pursuant to a process established by the State | ||
Board of Elections the voter's name, street address, e-mail | ||
address, and precinct, ward, township, and district numbers, as | ||
the case may be, to the State Board of Elections, which shall | ||
maintain those names and that information in an electronic | ||
format on its website, arranged by county and accessible to | ||
State and local political committees. | ||
Absentee voting procedures in the office of the municipal, | ||
township
and road district clerks shall be subject to all of | ||
the applicable
provisions of this Article 19.
Pollwatchers may | ||
be appointed to observe in-person absentee voting
procedures | ||
and view all reasonably requested records relating to the | ||
conduct of the election, provided the secrecy of the ballot is | ||
not impinged, at the office of the municipal, township or road | ||
district
clerks' offices where such absentee voting is | ||
conducted. Such pollwatchers
shall qualify and be appointed in | ||
the same manner as provided in Sections
7-34 and 17-23, except | ||
each candidate, political party or
organization of citizens may | ||
appoint only one pollwatcher for each location
where in-person | ||
absentee voting is conducted. Pollwatchers must
be registered | ||
to vote in Illinois and possess
valid pollwatcher credentials.
| ||
All requirements in this Article
applicable to election |
authorities shall apply to the respective local
clerks, except | ||
where inconsistent with this Section. | ||
The sealed absentee ballots in their carrier envelope shall | ||
be
delivered by the respective clerks, or by the election | ||
authority on behalf of
a clerk if the clerk and the election
| ||
authority agree, to the election authority's central ballot | ||
counting location
before the close of the polls on the day of | ||
the general primary,
consolidated primary, consolidated, or | ||
general election. | ||
Not more than 23 days before the general and consolidated
| ||
elections, the county clerk shall make available to those
| ||
municipal, township and road district clerks conducting | ||
in-person absentee
voting within such county, a sufficient
| ||
number of applications, absentee ballots, envelopes, and | ||
printed voting
instruction slips for use by absentee voters in | ||
the offices of such
clerks. The respective clerks shall receipt | ||
for all ballots received,
shall return all unused or spoiled | ||
ballots to the county clerk on the
day of the election and | ||
shall strictly account for all ballots received. | ||
The ballots delivered to the respective clerks shall | ||
include absentee
ballots for each precinct in the municipality, | ||
township or road
district, or shall include such separate | ||
ballots for each political
subdivision conducting an election | ||
of officers or a referendum on that
election day as will permit | ||
any resident of the municipality, township
or road district to | ||
vote absentee in the office of the proper clerk. |
The clerks of all municipalities, townships and road | ||
districts may
distribute applications for absentee ballot for | ||
the use of voters who
wish to mail such applications to the | ||
appropriate election authority. Any person may produce, | ||
reproduce, distribute, or return to an election authority the | ||
application for absentee ballot. Upon receipt, the appropriate | ||
election authority shall accept and promptly process any | ||
application for absentee ballot.
| ||
(Source: P.A. 96-1008, eff. 7-6-10; 97-766, eff. 7-6-12.) | ||
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||
Sec. 19-3. The
application for absentee ballot shall be | ||
substantially in the
following form: | ||
APPLICATION FOR ABSENTEE BALLOT | ||
To be voted at the .... election in the County of .... and | ||
State of
Illinois, in the .... precinct of the (1) *township of | ||
.... (2) *City of
.... or (3) *.... ward in the City of .... | ||
I state that I am a resident of the .... precinct of the | ||
(1)
*township of .... (2) *City of .... or (3) *.... ward in | ||
the city of
.... residing at .... in such city or town in the | ||
county of .... and
State of Illinois; that I have lived at such | ||
address for .... month(s)
last past; that I am lawfully | ||
entitled to vote in such precinct at the
.... election to be | ||
held therein on ....; and that I wish to vote by absentee | ||
ballot. | ||
I hereby make application for an official ballot or ballots |
to be
voted by me at such election, and I agree that I shall | ||
return such ballot or ballots to the
official issuing the same | ||
prior to the closing of the polls on the date
of the election | ||
or, if returned by mail, postmarked no later than midnight | ||
preceding election day, for counting no later than during the | ||
period for counting provisional ballots, the last day of which | ||
is the 14th day following election day. | ||
I understand that this application is made for an official | ||
absentee ballot or ballots to be voted by me at the election | ||
specified in this application and that I must submit a separate | ||
application for an official absentee ballot or ballots to be | ||
voted by me at any subsequent election. | ||
Under penalties as provided by law pursuant to Section | ||
29-10 of The
Election Code, the undersigned certifies that the | ||
statements set forth
in this application are true and correct. | ||
.... | ||
*fill in either (1), (2) or (3). | ||
Post office address to which ballot is mailed: | ||
............... | ||
However, if application is made for a primary election | ||
ballot, such
application shall require the applicant to | ||
designate the name of the political party with which
the | ||
applicant is affiliated. | ||
If application is made electronically, the applicant shall | ||
mark the box associated with the above described statement | ||
included as part of the online application certifying that the |
statements set forth in this application are true and correct, | ||
and a signature is not required. | ||
Any person may produce, reproduce, distribute, or return to | ||
an election authority the application for absentee ballot. Upon | ||
receipt, the appropriate election authority shall accept and | ||
promptly process any application for absentee ballot submitted | ||
in a form substantially similar to that required by this | ||
Section, including any substantially similar production or | ||
reproduction generated by the applicant. | ||
(Source: P.A. 96-312, eff. 1-1-10; 96-553, eff. 8-17-09; | ||
96-1000, eff. 7-2-10; 96-1008, eff. 7-6-10; 97-766, eff. | ||
7-6-12.)
| ||
(10 ILCS 5/19-4)
(from Ch. 46, par. 19-4)
| ||
Sec. 19-4. Mailing or delivery of ballots - Time.) | ||
Immediately upon
the receipt of such application either by mail | ||
or electronic means , not more than 40 days
nor less than 5 days | ||
prior to such election, or by personal delivery not
more than | ||
40 days nor less than one day prior to such election, at the
| ||
office of such election authority, it shall be the duty of such | ||
election
authority to examine the records to ascertain whether | ||
or not such
applicant is lawfully entitled to vote as
| ||
requested, including a verification of the applicant's | ||
signature by comparison with the signature on the official | ||
registration record card, and if found so to be entitled to | ||
vote, to post within one business day thereafter
the name, |
street address,
ward and precinct number or township and | ||
district number, as the case may be,
of such applicant given on | ||
a list, the pages of which are to be numbered
consecutively to | ||
be kept by such election authority for such purpose in a
| ||
conspicuous, open and public place accessible to the public at | ||
the entrance of
the office of such election authority, and in | ||
such a manner that such list may
be viewed without necessity of | ||
requesting permission therefor. Within one
day after posting | ||
the name and other information of an applicant for
an absentee | ||
ballot, the election authority shall transmit by electronic | ||
means pursuant to a process established by the State Board of | ||
Elections that name and other
posted information to the State | ||
Board of Elections, which shall maintain those
names and other | ||
information in an electronic format on its website, arranged by
| ||
county and accessible to State and local political committees. | ||
Within 2
business days after posting a name and other | ||
information on the list within
its
office, the election | ||
authority shall mail,
postage prepaid, or deliver in person in | ||
such office an official ballot
or ballots if more than one are | ||
to be voted at said election. Mail delivery
of Temporarily | ||
Absent Student ballot applications pursuant to Section
19-12.3 | ||
shall be by nonforwardable mail. However,
for the consolidated | ||
election, absentee ballots for certain precincts may
be | ||
delivered to applicants not less than 25 days before the | ||
election if
so much time is required to have prepared and | ||
printed the ballots containing
the names of persons nominated |
for offices at the consolidated primary.
The election authority | ||
shall enclose with each absentee ballot or
application written | ||
instructions on how voting assistance shall be provided
| ||
pursuant to Section 17-14 and a document, written and approved | ||
by the State
Board of Elections,
enumerating
the circumstances | ||
under which a person is authorized to vote by absentee
ballot | ||
pursuant to this Article; such document shall also include a
| ||
statement informing the applicant that if he or she falsifies | ||
or is
solicited by another to falsify his or her
eligibility to | ||
cast an absentee ballot, such applicant or other is subject
to
| ||
penalties pursuant to Section 29-10 and Section 29-20 of the | ||
Election Code.
Each election authority shall maintain a list of | ||
the name, street address,
ward and
precinct, or township and | ||
district number, as the case may be, of all
applicants who have | ||
returned absentee ballots to such authority, and the name of | ||
such absent voter shall be added to such list
within one | ||
business day from receipt of such ballot.
If the absentee | ||
ballot envelope indicates that the voter was assisted in
| ||
casting the ballot, the name of the person so assisting shall | ||
be included on
the list. The list, the pages of which are to be | ||
numbered consecutively,
shall be kept by each election | ||
authority in a conspicuous, open, and public
place accessible | ||
to the public at the entrance of the office of the election
| ||
authority and in a manner that the list may be viewed without | ||
necessity of
requesting permission for viewing.
| ||
Each election authority shall maintain a list for each |
election
of the
voters to whom it has issued absentee ballots. | ||
The list shall be
maintained for each precinct within the | ||
jurisdiction of the election
authority. Prior to the opening of | ||
the polls on election day, the
election authority shall deliver | ||
to the judges of election in each
precinct the list of | ||
registered voters in that precinct to whom absentee
ballots | ||
have been issued by mail.
| ||
Each election authority shall maintain a list for each | ||
election of
voters to whom it has issued temporarily absent | ||
student ballots. The list
shall be maintained for each election | ||
jurisdiction within which such voters
temporarily abide. | ||
Immediately after the close of the period during which
| ||
application may be made by mail or electronic means for | ||
absentee ballots, each election
authority shall mail to each | ||
other election authority within the State a
certified list of | ||
all such voters temporarily abiding within the
jurisdiction of | ||
the other election authority.
| ||
In the event that the return address of an
application for | ||
ballot by a physically incapacitated elector
is that of a | ||
facility licensed or certified under the Nursing Home Care
Act, | ||
the Specialized Mental Health Rehabilitation Act, or the ID/DD | ||
Community Care Act, within the jurisdiction of the election | ||
authority, and the applicant
is a registered voter in the | ||
precinct in which such facility is located,
the ballots shall | ||
be prepared and transmitted to a responsible judge of
election | ||
no later than 9 a.m. on the Saturday, Sunday or Monday |
immediately
preceding the election as designated by the | ||
election authority under
Section 19-12.2. Such judge shall | ||
deliver in person on the designated day
the ballot to the | ||
applicant on the premises of the facility from which
| ||
application was made. The election authority shall by mail | ||
notify the
applicant in such facility that the ballot will be | ||
delivered by a judge of
election on the designated day.
| ||
All applications for absentee ballots shall be available at | ||
the office
of the election authority for public inspection upon | ||
request from the
time of receipt thereof by the election | ||
authority until 30 days after the
election, except during the | ||
time such applications are kept in the
office of the election | ||
authority pursuant to Section 19-7, and except during
the time | ||
such applications are in the possession of the judges of | ||
election.
| ||
(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11; 97-227, | ||
eff. 1-1-12; 97-813, eff. 7-13-12.)
| ||
(10 ILCS 5/19-7) (from Ch. 46, par. 19-7)
| ||
Sec. 19-7.
| ||
(a) Upon receipt of such absent voter's ballot, the | ||
election
authority shall forthwith enclose the same unopened, | ||
together with the
application made by said absent voter in a | ||
large or carrier envelope
which shall be securely sealed and | ||
endorsed with the name and official
title of such officer and | ||
the words, "This envelope contains an absent
voter's ballot and |
must be opened on election day," together with the number and
| ||
description of the precinct in which said ballot is to be | ||
voted, and
such officer shall thereafter safely keep the same | ||
in his office until
counted by him as provided in the next | ||
section.
| ||
(b) Within one day after receipt of such absent voter's | ||
ballot, the election authority shall transmit, by electronic | ||
means pursuant to a process established by the State Board of | ||
Elections, the voter's name, street address, e-mail address, | ||
and precinct, ward, township, and district numbers, as the case | ||
may be, to the State Board of Elections, which shall maintain | ||
those names and that information in an electronic format on its | ||
website, arranged by county and accessible to State and local | ||
political committees. | ||
(Source: P.A. 81-155.)
| ||
(10 ILCS 5/19A-15)
| ||
Sec. 19A-15. Period for early voting; hours.
| ||
(a) The period for early voting by personal appearance | ||
begins the 15th day preceding a general primary, consolidated | ||
primary, consolidated, or
general election and extends through | ||
the 3rd day before election day.
| ||
(b) A permanent polling place for early voting must remain | ||
open during the
hours of 8:30 a.m. to 4:30 p.m., or 9:00 a.m. | ||
to 5:00 p.m., on weekdays and
9:00 a.m. to 12:00 p.m. on | ||
Saturdays , Sundays, and holidays , and 12:00 p.m. to 3:00 p.m. |
on Sundays ; except that, in addition to the hours required by | ||
this subsection, a permanent early voting polling place | ||
designated by an election authority under subsection (c) of | ||
Section 19A-10 must remain open for a total of at least 8 hours | ||
on any holiday during the early voting period and a total of at | ||
least 14 hours on the final weekend during the early voting | ||
period.
| ||
(c) Notwithstanding subsections (a) and (b), an election | ||
authority may close an early voting polling place if the | ||
building in which the polling place is located has been closed | ||
by the State or unit of local government in response to a | ||
severe weather emergency. In the event of a closure, the | ||
election authority shall conduct early voting on the 2nd day | ||
before election day from 8:30 a.m. to 4:30 p.m. or 9:00 a.m. to | ||
5:00 p.m. The election authority shall notify the State Board | ||
of Elections of any closure and shall make reasonable efforts | ||
to provide notice to the public of the extended early voting | ||
period. | ||
(d) Notwithstanding subsections (a) and (b), in 2013 only, | ||
an election authority may close an early voting place on Good | ||
Friday, Holy Saturday, and Easter Sunday, provided that the | ||
early voting place remains open 2 hours later on April 3, 4, | ||
and 5 of 2013. The election authority shall notify the State | ||
Board of Elections of any closure and shall provide notice to | ||
the public of the closure and the extended hours during the | ||
final week. |
(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4, | ||
eff. 3-12-13.) | ||
(10 ILCS 5/19A-70)
| ||
Sec. 19A-70. Advertising or campaigning in proximity of | ||
polling place;
penalty. During the period prescribed in Section | ||
19A-15 for early voting by
personal appearance, no advertising | ||
pertaining to any candidate or proposition
to be voted on may | ||
be displayed in or within 100 feet of any polling place used
by | ||
voters under this Article. No person may engage in | ||
electioneering in or
within 100 feet of any polling place used | ||
by voters under this Article. The provisions of Section 17-29 | ||
with respect to establishment of a campaign free zone , | ||
including, but not limited to, the provisions for placement of | ||
signage on public property beyond the campaign free zone, apply | ||
to polling places under this Article.
| ||
Any person who violates this Section may be punished for | ||
contempt of court.
| ||
(Source: P.A. 94-645, eff. 8-22-05.)
| ||
(10 ILCS 5/22-6) (from Ch. 46, par. 22-6)
| ||
Sec. 22-6. E-Canvass. | ||
(a) Within 22 days after each election, each Election | ||
Authority shall provide unit-by-unit vote totals to the State | ||
Board of Elections in an electronic format to be prescribed by | ||
the State Board of Elections. The State Board of Elections |
shall promulgate rules necessary for the implementation of this | ||
Section.
| ||
(b) Beginning with the November 2014 general election and | ||
every primary, consolidated, general, and special election | ||
thereafter, within 52 days after each election, the State Board | ||
of Elections shall publish the precinct-by-precinct vote | ||
totals on its website and make them available in a downloadable | ||
form. | ||
(Source: P.A. 95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/24A-6.2 new) | ||
Sec. 24A-6.2. Programming of automatic tabulating | ||
equipment. Beginning with the 2014 general election and all | ||
primary, consolidated, general, and special elections | ||
thereafter, automatic tabulating equipment authorized by this | ||
Section and programmed for a primary, consolidated, general, or | ||
special election conducted pursuant to general election law | ||
shall be programmed using the unique race and candidate ID | ||
numbers assigned by the State Board of Elections. The unique | ||
race and candidate ID numbers will be provided to the county | ||
clerk or election authority, as the case may be, with the | ||
candidate certification prepared by the State Board of | ||
Elections. In addition, any new voting system approved by the | ||
state after the 2014 general election shall have the capability | ||
to export the election results by ballot style and group them | ||
by precinct in an electronic format prescribed by the State |
Board of Elections.
| ||
(10 ILCS 5/24A-16) (from Ch. 46, par. 24A-16)
| ||
Sec. 24A-16. The State Board of Elections shall approve all | ||
voting
systems provided by this Article. | ||
No voting system shall be approved
unless it fulfills the | ||
following requirements:
| ||
(1) It enables a voter to vote in absolute secrecy;
| ||
(2) (Blank);
| ||
(3) It enables a voter to vote a ticket selected in | ||
part from the
nominees of one party, and in part from the | ||
nominees of any or all parties,
and in part from | ||
independent candidates and in part of candidates whose
| ||
names are written in by the voter;
| ||
(4) It enables a voter to vote a written or printed | ||
ticket of his own
selection for any person for any office | ||
for whom he may desire to vote;
| ||
(5) It will reject all votes for an office or upon a | ||
proposition when
the voter has cast more votes for such | ||
office or upon such proposition than
he is entitled to | ||
cast;
| ||
(5.5) It will identify when a voter has not voted for | ||
all statewide constitutional offices;
| ||
(6) It will accommodate all propositions to be | ||
submitted to the voters
in the form provided by law or, | ||
where no such form is provided, then in
brief form, not to |
exceed 75 words.
| ||
(7) It will accommodate the tabulation programming | ||
requirements of Sections 24A-6.2, 24B-6.2, and 24C-6.2. | ||
The State Board of Elections shall not approve any voting | ||
equipment or system that includes an external Infrared Data | ||
Association (IrDA) communications port.
| ||
The State Board of Elections is authorized to withdraw its | ||
approval of a
voting system if the system fails to fulfill the | ||
above requirements.
| ||
The vendor, person, or other private entity shall be solely | ||
responsible for the production and cost of: all application | ||
fees; all ballots; additional temporary workers; and other | ||
equipment or facilities needed and used in the testing of the | ||
vendor's, person's, or other private entity's respective | ||
equipment and software.
| ||
Any voting system vendor, person, or other private entity | ||
seeking the State Board of Elections' approval of a voting | ||
system shall, as part of the approval application, submit to | ||
the State Board a non-refundable fee. The State Board of | ||
Elections by rule shall establish an appropriate fee structure, | ||
taking into account the type of voting system approval that is | ||
requested (such as approval of a new system, a modification of | ||
an existing system, the size of the modification, etc.). No | ||
voting system or modification of a voting system shall be | ||
approved unless the fee is paid.
| ||
No vendor, person, or other entity may sell, lease, or |
loan, or have a written contract, including a contract | ||
contingent upon State Board approval of the voting system or | ||
voting system component, to sell, lease, or loan, a voting
| ||
system or voting system component to any election jurisdiction | ||
unless the
voting system or voting system component is first | ||
approved by the State
Board of Elections pursuant to this | ||
Section.
| ||
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
| ||
(10 ILCS 5/24B-6.2 new) | ||
Sec. 24B-6.2. Programming of automatic tabulating | ||
equipment. Beginning with the 2014 general election and all | ||
primary, consolidated, general, and special elections | ||
thereafter, automatic tabulating equipment authorized by this | ||
Section and programmed for a primary, consolidated, general, or | ||
special election conducted pursuant to general election law | ||
shall be programmed using the unique race and candidate ID | ||
numbers assigned by the State Board of Elections. The unique | ||
race and candidate ID numbers will be provided to the county | ||
clerk or election authority, as the case may be, with the | ||
candidate certification prepared by the State Board of | ||
Elections. In addition, any new voting system approved by the | ||
State after the 2014 general election shall have the capability | ||
to export the election results by ballot style and group them | ||
by precinct in an electronic format prescribed by the State | ||
Board of Elections. |
(10 ILCS 5/24C-6.2 new) | ||
Sec. 24C-6.2. Programming of automatic tabulating | ||
equipment. Beginning with the 2014 general election and all | ||
primary, consolidated, general, and special elections | ||
thereafter, automatic tabulating equipment authorized by this | ||
Section and programmed for a primary, consolidated, general, or | ||
special election conducted pursuant to general election law | ||
shall be programmed using the unique race and candidate ID | ||
numbers assigned by the State Board of Elections. The unique | ||
race and candidate ID numbers will be provided to the county | ||
clerk or election authority, as the case may be, with the | ||
candidate certification prepared by the State Board of | ||
Elections. In addition, any new voting system approved by the | ||
State after the 2014 general election shall have the capability | ||
to export the election results by ballot style and group them | ||
by precinct in an electronic format prescribed by the State | ||
Board of Elections.
| ||
(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 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 | ||
cease to be a home rule unit shall be submitted in | ||
substantially the following form: | ||
Shall (name of the unit of local government) cease to be a | ||
home rule unit? | ||
Votes must be recorded as "yes" or "no". | ||
(Source: P.A. 95-699, eff. 11-9-07.)
| ||
Section 7. The Illinois Identification Card Act is amended | ||
by changing Section 11 as follows:
| ||
(15 ILCS 335/11) (from Ch. 124, par. 31)
| ||
Sec. 11. The Secretary may make a search of his records and | ||
furnish
information as to whether a person has a current | ||
Standard Illinois
Identification Card or an Illinois Person |
with a Disability Identification Card then on
file, upon | ||
receipt of a written application therefor accompanied with the
| ||
prescribed fee. However, the Secretary may not disclose medical
| ||
information concerning an individual to any person, public | ||
agency, private
agency, corporation or governmental body | ||
unless the individual has
submitted a written request for the | ||
information or unless the individual
has given prior written | ||
consent for the release of the information to a
specific person | ||
or entity. This exception shall not apply to: (1) offices
and | ||
employees of the Secretary who have a need to know the medical
| ||
information in performance of their official duties, or (2) | ||
orders of a
court of competent jurisdiction. When medical | ||
information is disclosed by
the Secretary in accordance with | ||
the provisions of this Section, no
liability shall rest with | ||
the Office of the Secretary of State as the
information is | ||
released for informational purposes only. | ||
The Secretary may release personally identifying | ||
information or highly restricted personal information only to: | ||
(1) officers and employees of the Secretary who have a | ||
need to know that information; | ||
(2) other governmental agencies for use in their | ||
official governmental functions; | ||
(3) law enforcement agencies that need the information | ||
for a criminal or civil investigation; or | ||
(3-5) the State Board of Elections for the sole purpose | ||
of providing the signatures required by a local election |
authority to register a voter through an online voter | ||
registration system; or | ||
(4) any entity that the Secretary has authorized, by | ||
rule, to receive this information. | ||
The Secretary may not disclose an individual's social | ||
security number or any associated information obtained from the | ||
Social Security Administration without the written request or | ||
consent of the individual except: (i) to officers and employees | ||
of the Secretary who have a need to know the social security | ||
number in the performance of their official duties; (ii) to law | ||
enforcement officials for a lawful civil or criminal law | ||
enforcement investigation if the head of the law enforcement | ||
agency has made a written request to the Secretary specifying | ||
the law enforcement investigation for which the social security | ||
number is being sought; (iii) under a lawful court order signed | ||
by a judge; or (iv) to the Illinois Department of Veterans' | ||
Affairs for the purpose of confirming veteran status.
| ||
(Source: P.A. 97-739, eff. 1-1-13; 97-1064, eff. 1-1-13; | ||
revised 9-5-12.)
| ||
Section 10. The Counties Code is amended by changing | ||
Section 3-6001.5 as follows:
| ||
(55 ILCS 5/3-6001.5)
| ||
Sec. 3-6001.5. Sheriff qualifications. On or after the | ||
effective date of this amendatory Act of the 98th General |
Assembly December 1, 1997 ,
except as otherwise provided in this | ||
Section, a person is not eligible to be a
candidate for the | ||
office of sheriff, and a person shall not be elected or
| ||
appointed to the office of sheriff, unless that person meets | ||
all of the
following requirements:
| ||
(1) Is a United States citizen.
| ||
(2) Has been a resident of the county for at least one | ||
year.
| ||
(3) Is not a convicted felon.
| ||
(Source: P.A. 90-447, eff. 8-16-97.)
| ||
Section 15. The Illinois Municipal Code is amended by | ||
changing Section 3.1-10-5 as follows:
| ||
(65 ILCS 5/3.1-10-5) (from Ch. 24, par. 3.1-10-5)
| ||
Sec. 3.1-10-5. Qualifications; elective office.
| ||
(a) A person is not eligible for an elective municipal | ||
office unless that
person is a qualified elector of the | ||
municipality and has resided in the
municipality at least
one | ||
year next preceding the election or appointment, except as | ||
provided in Section 3.1-20-25, subsection (b) of Section | ||
3.1-25-75, Section 5-2-2, or Section 5-2-11.
| ||
(b) A person is not eligible to take the oath of office for | ||
a municipal office if that person is, at the time required for | ||
taking the oath of office, in arrears in the payment of a tax | ||
or other indebtedness due to the municipality or A person is |
not eligible for an elective municipal office if that
person is | ||
in arrears
in the payment of a tax or other indebtedness due to | ||
the municipality or
has been convicted in any court located in | ||
the United States of any infamous
crime,
bribery, perjury, or | ||
other felony.
| ||
(b-5) A person is not eligible to hold a municipal office, | ||
if that person is, at any time during the term of office, in | ||
arrears in the payment of a tax or other indebtedness due to | ||
the municipality or has been convicted in any court located in | ||
the United States of any infamous crime, bribery, perjury, or | ||
other felony. | ||
(c) A person is not eligible for the office of
alderman of | ||
a ward unless that person has resided
in the ward that the | ||
person seeks to represent, and a person is not eligible for the | ||
office of trustee of a district unless that person has resided | ||
in the
municipality, at least one year next
preceding the | ||
election or appointment, except
as provided in Section | ||
3.1-20-25, subsection (b) of Section 3.1-25-75, Section 5-2-2, | ||
or Section 5-2-11.
| ||
(d) If a person (i) is a resident of a municipality | ||
immediately prior to the active duty military service of that | ||
person or that person's spouse, (ii) resides anywhere outside | ||
of the municipality during that active duty military service, | ||
and (iii) immediately upon completion of that active duty | ||
military service is again a resident of the municipality, then | ||
the time during which the person resides outside the |
municipality during the active duty military service is deemed | ||
to be time during which the person is a resident of the | ||
municipality for purposes of determining the residency | ||
requirement under subsection (a).
| ||
(Source: P.A. 97-1091, eff. 8-24-12.)
| ||
Section 20. The Revised Cities and Villages Act of 1941 is | ||
amended by changing Sections 21-12, 21-28, 21-30 and 21-32 as | ||
follows:
| ||
(65 ILCS 20/21-12) (from Ch. 24, par. 21-12)
| ||
Sec. 21-12. City clerk and city treasurer; Election; | ||
Tenure. At the time of election of the mayor there shall be | ||
elected also in a nonpartisan election a city
clerk and a city | ||
treasurer. The candidates receiving a majority of the votes
| ||
cast for clerk and treasurer at the consolidated primary | ||
election shall be
declared the clerk and treasurer. If no | ||
candidate receives a majority of the
votes for one of the | ||
offices, a runoff election shall be held at the
consolidated | ||
election, when only the names of the candidates receiving the
| ||
highest and second highest number of votes for that office at | ||
the consolidated
primary election shall appear on the ballot. | ||
If more than one candidate
received the highest or second | ||
highest number of votes for one of the offices
at the | ||
consolidated primary election, the names of all candidates | ||
receiving the
highest and second highest number of votes for |
that office shall appear on the
ballot at the consolidated | ||
election. The candidate receiving the highest
number of votes | ||
at the consolidated election shall be declared elected.
| ||
The clerk and treasurer each shall hold office for a
term | ||
of 4 years beginning at noon on the third Monday in May
| ||
following the election and until a successor is elected and | ||
qualified. No
person, however, shall be elected to the office | ||
of city treasurer for 2
terms in succession.
| ||
(Source: P.A. 93-847, eff. 7-30-04.)
| ||
(65 ILCS 20/21-28) (from Ch. 24, par. 21-28)
| ||
Sec. 21-28. Nomination by petition. | ||
(a) All nominations for alderman of any ward in the city | ||
shall be by
petition. All petitions for nominations of | ||
candidates shall be signed by
such a number of legal voters of | ||
the ward as will aggregate not less
than 4% two per cent
of all | ||
the votes cast for alderman in such ward at the last preceding
| ||
general election. For the election following the redistricting | ||
of wards
petitions for nominations of candidates shall be | ||
signed by the number of
legal voters of the ward as will | ||
aggregate not less than 4% 2% of the total
number of votes cast | ||
for mayor at the last preceding municipal election
divided by | ||
the number of wards. | ||
(b) All nominations for mayor, city clerk, and city | ||
treasurer in the city shall be by petition. Each petition for | ||
nomination of a candidate must be signed by at least 12,500 |
legal voters of the city.
| ||
(c) All such petitions, and procedure with
respect thereto,
| ||
shall conform in other respects to the provisions of the | ||
election and
ballot laws then in force in the city of Chicago | ||
concerning the nomination
of independent candidates for public | ||
office by petition. The method of
nomination herein provided is | ||
exclusive of and replaces all other methods
heretofore provided | ||
by law.
| ||
(Source: P.A. 94-645, eff. 8-22-05.)
| ||
(65 ILCS 20/21-30) (from Ch. 24, par. 21-30)
| ||
Sec. 21-30.
Form
of ballot.
Ballots to be used at any | ||
general, supplementary or special election for
aldermen held | ||
under the provisions of this article, in addition to other
| ||
requirements of law, shall conform to the following | ||
requirements:
| ||
(1) At the top of the ballots shall be printed in capital | ||
letters the
words designating the ballot. If a general | ||
aldermanic election the words
shall be "Official aldermanic | ||
election ballot"; if a supplementary election
the designating | ||
words shall be "Official supplementary aldermanic election
| ||
ballot"; if a special aldermanic election, the words shall be | ||
"Special
aldermanic election ballot."
| ||
(2) Beginning not less than one inch below such designating | ||
words and
extending across the face of the ballot, the title of | ||
each office to be
filled shall be printed in capital letters.
|
(3) The names of candidates for different terms of service | ||
therein (if
any there be), shall be arranged and printed in | ||
groups according to the
length of such terms.
| ||
(4) Immediately below the title of each office or group | ||
heading
indicating the term of office, shall be printed in | ||
small letters the
directions to voters, "Vote for one."
| ||
(5) Following thereupon shall be printed the names of the | ||
candidates for
such office according to the title and the term | ||
thereof and below the name
of each candidate shall be printed | ||
his place of residence, stating the
street and number (if any). | ||
The names of candidates shall be printed in
capital letters not | ||
less than one-eighth nor more than one-quarter of an
inch in | ||
height, and immediately at the left of the name of each | ||
candidate
shall be printed a square, the sides of which shall | ||
not be less than
one-quarter of an inch in length. The names of | ||
all the candidates for each
office shall be printed in a column | ||
and arranged in the order hereinafter
designated; all names of | ||
candidates shall be printed in uniform type; the
places of | ||
residence of such candidates shall be printed in uniform type;
| ||
and squares upon said ballots shall be of uniform size; and | ||
spaces between
the names of the candidates for the same office | ||
shall be of uniform size.
| ||
(6) The names of the candidates for alderman shall appear | ||
upon the
ballot in the order in which petitions for nomination | ||
have been filed in
the office of the board of election | ||
commissioners. 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 board of election commissioners
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 board
of election commissioners. 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 board of election | ||
commissioners, to the
Chairman of each political party and to | ||
each organization of citizens
within the city which was | ||
entitled, under The Election Code, at the next
preceding | ||
election, to have pollwatchers present on the day of election.
| ||
The board of election commissioners 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 board | ||
of election commissioners shall adopt rules and
regulations | ||
governing the procedures for the conduct of such lottery.
| ||
(Source: P.A. 86-867.)
| ||
(65 ILCS 20/21-32) (from Ch. 24, par. 21-32)
| ||
Sec. 21-32.
Party
designations prohibited - Ballot to be | ||
separate from other ballots.
| ||
No party name, party initial, party circle platform, | ||
principle,
appellation or distinguishing mark of any kind shall |
be printed upon any
election ballot used at any aldermanic | ||
election for mayor, city clerk, city treasurer, or alderman | ||
held under the provisions
of this article.
| ||
If any party primary election or any election for any | ||
office other than
aldermanic shall be held at the same time | ||
with any aldermanic election, the
ballots for aldermen shall be | ||
separate from all other ballots, except that
any question of | ||
public policy not required by law to be submitted on a
separate | ||
ballot from that containing names of persons to be voted for | ||
may
be submitted in the manner provided by law upon the same | ||
ballot as that
used for an aldermanic election: Provided, that | ||
the polls shall be opened
and closed for any aldermanic | ||
election at the same time as is provided for
the opening and | ||
closing of any party primary election for any office other
than | ||
alderman held at the same time.
| ||
(Source: Laws 1941, vol. 2, p. 19 .)
| ||
Section 25. The School Code is amended by changing Sections | ||
6-2, 6-19, 9-10, 10-10, 32-1, and 32-2.5 as follows:
| ||
(105 ILCS 5/6-2) (from Ch. 122, par. 6-2)
| ||
Sec. 6-2.
Regional board; creation; membership; abolition | ||
and
transfer of duties.
| ||
(a) There is created a regional board of school trustees | ||
for that territory
in each educational service region exclusive | ||
of any school district organized
under Article 34 and exclusive |
of any school district whose school board has
been given the | ||
powers of school trustees; provided that on the effective date
| ||
of this amendatory Act of 1992 the regional board of school | ||
trustees
theretofore created and existing for any territory in | ||
an educational service
region containing 2,000,000 or more | ||
inhabitants is abolished, the terms of
office of all members of | ||
the regional board of school trustees so abolished are
| ||
terminated on that effective date, and from and after that | ||
effective date all
rights, powers, duties, and | ||
responsibilities that were vested in or required by
law to be | ||
exercised and performed by the former regional board of school
| ||
trustees shall be vested in and exercised and performed by the | ||
successors to
the former regional board of school trustees as | ||
provided in subsection (b) of
this Section 6-2. Any school | ||
district whose board of education acts as a board
of school | ||
trustees shall have within its district the powers and duties | ||
of a
regional board of school trustees.
| ||
Unless abolished as provided in this Section, the regional | ||
board of
school trustees, in both single county and | ||
multi-county
educational service regions, shall consist of 7 | ||
members. In single county
regions not more than one trustee may | ||
be a resident of any one congressional
township; however, in | ||
case there are fewer than 7 congressional townships
in the | ||
region then not more than two of such trustees may be residents | ||
of
the same congressional township. Notwithstanding the | ||
foregoing residency provision, in a single county region with a |
population of greater than 750,000 inhabitants, but less than | ||
1,200,000 inhabitants, 2 trustees may be residents of the same | ||
congressional township if and only if such trustees were | ||
elected at the April 9, 2013 consolidated election. In 2 county | ||
regions at least 2 trustees
shall be residents of each county. | ||
In 3 or more county regions at least
one trustee shall be a | ||
resident of each county. If more than 7 counties
constitute the | ||
educational service region, the regional board of school
| ||
trustees shall consist of one resident of each county.
| ||
The regional board of school trustees shall be a body | ||
politic and corporate
by the name of "Regional Board of School | ||
Trustees of.... County (or Counties),
Illinois." Such | ||
corporation shall have perpetual existence with power to
sue | ||
and be sued and to plead and be impleaded in all courts and | ||
places where
judicial proceedings are had.
| ||
(b) Upon the abolition of the regional board of school | ||
trustees and
the termination of the terms of office of the | ||
members of that former
regional board of school trustees in an | ||
educational service region
containing 2,000,000 or more | ||
inhabitants as provided in subsection (a), the
trustees of | ||
schools of each township included within the territory of that
| ||
educational service region that was served by the former | ||
regional board of
school trustees, or if any such township is a | ||
township referred to in
subsection (b) of Section 5-1 and there | ||
are no trustees of schools acting
in that township then the | ||
school board of each school district located in
that township, |
shall be the successors to the former regional board of
school | ||
trustees. As successors to the former regional board of school
| ||
trustees, the trustees of schools of each such township and the | ||
school
board of each such school district, with respect to all | ||
territory included
within the school township or school | ||
district served by the trustees of
schools of the township or | ||
school board, shall be vested with and shall
exercise and | ||
perform all rights, powers, duties, and responsibilities
| ||
formerly held, exercised, and performed with respect to that | ||
territory by
the regional board of school trustees abolished | ||
under subsection (a) of this Section.
| ||
Upon abolition of the regional board of school trustees in | ||
an educational
service region having 2,000,000 or more | ||
inhabitants as provided in
subsection (a) of this Section, all | ||
books, records, maps, papers,
documents, equipment, supplies, | ||
accounts, deposits, and other personal
property belonging to or | ||
subject to the control or disposition of the
former regional | ||
board of school trustees (excepting only such items as may
have | ||
been provided by the county board) shall be transferred and | ||
delivered
to the trustees of schools of the townships and the | ||
school boards that are
the successors to the former regional | ||
board of school trustees for the
territory included within | ||
their respective school townships or school
districts.
| ||
From and after the effective date of this amendatory Act of | ||
1992, any
reference in the School Code or any other law of this | ||
State to the regional
board of school trustees or county board |
of school trustees shall mean,
with respect to all territory | ||
within an educational service region
containing 2,000,000 or | ||
more inhabitants that formerly was served by a
regional board | ||
of school trustees abolished under subsection (a) of this
| ||
Section, the trustees of schools of the township or the school | ||
board of the
school district that is the successor to the | ||
former regional board of
school trustees with respect to the | ||
territory included within that school
township or school | ||
district.
| ||
(Source: P.A. 87-969.)
| ||
(105 ILCS 5/6-19) (from Ch. 122, par. 6-19)
| ||
Sec. 6-19. Vacancy on regional board. Subject to the | ||
residency provisions in Section 6-2 of this Code, any Any | ||
vacancy on the regional board of school trustees shall be | ||
filled
from the same territory by the remaining members until | ||
the next regular
election for members of the regional board of | ||
school trustees, when the
vacancy shall be filled for the | ||
unexpired time.
Removal of a member from the township from | ||
which such member was elected
into a township which has its | ||
quota of members on the board shall
constitute a vacancy.
| ||
(Source: P.A. 80-1469.)
| ||
(105 ILCS 5/9-10) (from Ch. 122, par. 9-10)
| ||
Sec. 9-10. Candidates for office - Nominating petitions. | ||
Candidates for
the office of school director shall be nominated |
by petition signed by at
least 25 voters or 5% of the voters, | ||
whichever is less, residing within
the district and filed with | ||
the county clerk or the county board of election commissioners, | ||
as the case may be, of the county in which the principal office | ||
of the school district is located secretary of the board of | ||
school directors
or with a person designated by the board to | ||
receive nominating petitions .
| ||
Nominations for members of boards of education, including | ||
non-high school
boards of education shall be made by a petition | ||
signed by at least 50 voters
or 10% of the voters, whichever is | ||
less, residing within the district and
shall be filed with the | ||
county clerk or the county board of election commissioners, as | ||
the case may be, of the county in which the principal office of | ||
the school district is located secretary of the board of | ||
education or with a
person designated by the board to receive | ||
nominating petitions . In addition
to the requirements of the | ||
general election law, the form of such petitions
shall be | ||
substantially as follows:
| ||
NOMINATING PETITIONS
| ||
(LEAVE OUT THE INAPPLICABLE PART.)
| ||
To the (County Clerk or County Board of Election | ||
Commissioners) secretary of the board of education (or board of | ||
directors)
of district number .... of in .... County:
| ||
We the undersigned, being (.... or more) (or 10% or more) | ||
(or 5% or more)
of the voters residing within said district, | ||
hereby petition that .... who
resides at .... in the (city or |
village) of .... in Township .... (or who
resides outside any | ||
city, village or incorporated town and in Township ....) in
| ||
said district shall be a candidate for the office of .... of | ||
the board of
education (or board of directors) (full term) | ||
(vacancy) to be voted for at the
election to be held on (insert | ||
date).
| ||
Name: .................. Address: ...................
| ||
In the designation of the name of a candidate on a petition | ||
for
nomination, the candidate's given name or names, initial or | ||
initials, a nickname by which the candidate is commonly known, | ||
or a combination thereof may be used in addition to the | ||
candidate's surname. If a candidate has changed his or her | ||
name, whether by a statutory or common law procedure in | ||
Illinois or any other jurisdiction, within 3 years before the | ||
last day for filing the petition, then (i) the candidate's name | ||
on the petition must be followed by "formerly known as (list | ||
all prior names during the 3-year period) until name changed on | ||
(list date of each such name change)" and (ii) the petition | ||
must be accompanied by the candidate's affidavit stating the | ||
candidate's previous names during the period specified in | ||
clause (i) and the date or dates each of those names was | ||
changed; failure to meet these requirements shall be grounds | ||
for denying certification of the candidate's name for the | ||
ballot, but these requirements do not apply to name changes | ||
resulting from adoption to assume an adoptive parent's or |
parents' surname, marriage to assume a spouse's surname, or | ||
dissolution of marriage or declaration of invalidity of | ||
marriage to assume a former surname. No other designation, such | ||
as a political slogan, as defined by Section 7-17 of the | ||
Election Code, title or degree, or nickname suggesting or | ||
implying possession of a title, degree or professional status, | ||
or similar information may be used in connection with the | ||
candidate's surname.
| ||
Nomination papers filed under this Section are not valid | ||
unless the candidate
named therein files with the county clerk | ||
or the county board of election commissioners, as the case may | ||
be, of the county in which the principal office of the school | ||
district is located secretary of the board of education or a
| ||
person designated by the board to receive nominating petitions | ||
a receipt
from the county clerk showing that the candidate has | ||
filed a statement of
economic interests as required by the | ||
Illinois Governmental Ethics Act.
Such receipt shall be so | ||
filed either previously during the calendar year
in which his | ||
nomination papers were filed or within the period for the | ||
filing
of nomination papers in accordance with the general | ||
election law.
| ||
All petitions for the nomination of members of a board of | ||
education shall
be filed with the county clerk or the county | ||
board of election commissioners, as the case may be, of the | ||
county in which the principal office of the school district is | ||
located secretary of the board or a person designated by the
|
board to receive nominating petitions within the time provided | ||
for
by the general election law. The county clerk or the county | ||
board of election commissioners secretary shall receive and | ||
file only
those petitions which include a statement of | ||
candidacy, the required number
of voter signatures, the | ||
notarized signature of the petition circulator
and a receipt | ||
from the County Clerk showing that the candidate has filed
a | ||
statement of economic interest on or before the last day to | ||
file as required
by the Illinois Governmental Ethics Act. The | ||
county clerk or the county board of election commissioners | ||
secretary may have petition
forms available
for issuance to | ||
potential candidates, and may give notice of the petition
| ||
filing period by publication in a newspaper of general | ||
circulation within
the school district not less than 10 days | ||
prior to the first day of filing.
The county clerk or the | ||
county board of election commissioners Said secretary shall | ||
make certification to the proper election authorities
in | ||
accordance with the general election law.
If the secretary is | ||
an incumbent school board member seeking re-election,
a | ||
disinterested person must be a witness to the filing of his | ||
petition.
| ||
The county clerk or the county board of election | ||
commissioners, as the case may be, of the county in which the | ||
principal office of the school district is located secretary of | ||
the board of education shall notify the candidates
for whom a | ||
petition for nomination is filed or the appropriate committee
|
of the obligations under the Campaign Financing Act as provided | ||
in the general
election law. Such notice
shall be given on a | ||
form prescribed by the State Board of Elections and
in | ||
accordance with the requirements of the general election law. | ||
The county clerk or county board of election commissioners | ||
secretary
shall within 7 days of filing or on the last day for | ||
filing, whichever is
earlier, acknowledge to the petitioner in | ||
writing the office's his acceptance of the
petition.
| ||
A candidate for membership on the board of education or for | ||
office as a
school director, who has petitioned for nomination | ||
to fill a full term and
to fill a vacant term to be voted upon | ||
at the same election, must withdraw
his or her petition for | ||
nomination from either the full term or the vacant
term by | ||
written declaration.
| ||
In all newly organized districts the petition for the | ||
nomination of
candidates
for members of the board of education | ||
at the first election shall be addressed
to and filed with the | ||
regional superintendent of schools in the manner herein
| ||
specified for the petitions for
members of a board of | ||
education. For such election the regional superintendent
shall | ||
fulfill all duties otherwise assigned to the secretary of the | ||
board
of education.
| ||
(Source: P.A. 95-141, eff. 8-13-07.)
| ||
(105 ILCS 5/10-10) (from Ch. 122, par. 10-10)
| ||
Sec. 10-10. Board of education; Term; Vacancy. All school |
districts
having a population of not fewer than 1,000 and not | ||
more than 500,000
inhabitants, as ascertained by any special or | ||
general census, and not
governed by special Acts, shall be | ||
governed by a board of education
consisting of 7 members, | ||
serving without compensation except as herein
provided. Each | ||
member shall be elected for a term of 4 years for the initial | ||
members
of the board of education of a combined school district | ||
to which that
subsection applies. If 5 members are elected in | ||
1983 pursuant to the extension
of terms provided by
law for | ||
transition to the consolidated election schedule under the | ||
general
election law, 2 of those members shall be elected to | ||
serve terms of 2 years
and 3 shall be elected to serve terms of | ||
4 years; their successors shall
serve for a 4 year term. When | ||
the voters of a district have voted to elect
members of the | ||
board of education for 6 year terms, as provided in Section
| ||
9-5, the terms of office of members of the board of education | ||
of that
district expire when their successors assume office but | ||
not later than 7
days after such election. If at the regular | ||
school election held in the
first odd-numbered year after the | ||
determination to elect members for 6 year
terms 2 members are | ||
elected, they shall serve for a 6 year term; and of the
members | ||
elected at the next regular school election 3 shall serve for a
| ||
term of 6 years and 2 shall serve a term of 2 years. Thereafter | ||
members
elected in such districts shall be elected to a 6 year | ||
term. If at the
regular school election held in the first | ||
odd-numbered year after the
determination to elect members for |
6 year terms 3 members are elected, they
shall serve for a 6 | ||
year term; and of the members elected at the next
regular | ||
school election 2 shall serve for a term of 2 years and 2 shall
| ||
serve for a term of 6 years. Thereafter members elected in such | ||
districts
shall be elected to a 6 year term. If at the regular | ||
school election held
in the first odd-numbered year after the | ||
determination to elect members for
6 year terms 4 members are | ||
elected, 3 shall serve for a term of 6 years and
one shall | ||
serve for a term of 2 years; and of the members elected at the
| ||
next regular school election 2 shall serve for terms of 6 years | ||
and 2 shall
serve for terms of 2 years. Thereafter members | ||
elected in such districts
shall be elected to a 6 year term. If | ||
at the regular school election held
in the first odd-numbered | ||
year after the determination to elect members for
a 6 year term | ||
5 members are elected, 3 shall serve for a term of 6 years
and 2 | ||
shall serve for a term of 2 years; and of the members elected | ||
at the
next regular school election 2 shall serve for terms of | ||
6 years and 2 shall
serve for terms of 2 years. Thereafter | ||
members elected in such districts
shall be elected to a 6 year | ||
term. An election for board members shall not
be held in school | ||
districts which by consolidation, annexation or otherwise
| ||
shall cease to exist as a school district within 6 months after | ||
the
election date, and the term of all board members which | ||
would otherwise
terminate shall be continued until such | ||
district shall cease to exist. Each
member, on the date of his | ||
or her election, shall be a
citizen of the United
States of the |
age of 18 years or over, shall be a resident of the State and
| ||
the
territory of the district for at least one year immediately | ||
preceding his or
her
election, shall be a registered voter as | ||
provided in the general election
law,
shall not be a school | ||
trustee, and shall not be a child
sex offender as defined in | ||
Section 11-9.3 of the
Criminal Code of 2012. When the board of
| ||
education is the successor of the school directors, all rights | ||
of property,
and all rights regarding causes of action existing | ||
or vested in such
directors, shall vest in it as fully as they | ||
were vested in the school
directors. Terms of members are | ||
subject to Section 2A-54 of the Election Code.
| ||
Nomination papers filed under this Section are not valid | ||
unless the candidate
named therein files with the county clerk | ||
or the county board of election commissioners, as the case may | ||
be, of the county in which the principal office of the school | ||
district is located secretary of the board of education or with
| ||
a person designated by the board to receive nominating | ||
petitions a receipt
from the county clerk showing that the | ||
candidate has filed a statement of
economic interests as | ||
required by the Illinois Governmental Ethics Act.
Such receipt | ||
shall be so filed either previously during the calendar year
in | ||
which his nomination papers were filed or within the period for | ||
the filing
of nomination papers in accordance with the general | ||
election law.
| ||
Whenever a vacancy occurs, the remaining members shall | ||
notify the
regional superintendent of that vacancy within 5 |
days after its occurrence
and shall proceed to fill the vacancy | ||
until the next regular school
election, at which election a | ||
successor shall be elected to serve the
remainder of the | ||
unexpired term. However, if the vacancy occurs with less
than | ||
868 days remaining in the term, or if the vacancy occurs
less | ||
than 88
days before the next regularly scheduled election for | ||
this office then the
person so appointed shall serve the | ||
remainder of the unexpired term, and no
election to fill the | ||
vacancy shall be held. Should they fail so to
act, within 45 | ||
days after the vacancy occurs, the regional superintendent
of | ||
schools under whose supervision and control the district is | ||
operating,
as defined in Section 3-14.2 of this Act, shall | ||
within 30 days after the
remaining members have failed to fill | ||
the vacancy, fill the vacancy as
provided for herein. Upon the | ||
regional superintendent's failure to fill the
vacancy, the | ||
vacancy shall be filled at the next regularly scheduled
| ||
election. Whether elected or appointed by the remaining members | ||
or regional
superintendent, the successor shall be an | ||
inhabitant of the particular area
from which his or her | ||
predecessor was elected if the residential requirements
| ||
contained in Section 10-10.5 or 12-2 of this Code apply.
| ||
A board of education may appoint a student to the board to | ||
serve in an advisory capacity. The student member shall serve | ||
for a term as determined by the board. The board may not grant | ||
the student member any voting privileges, but shall consider | ||
the student member as an advisor. The student member may not |
participate in or attend any executive session of the board.
| ||
(Source: P.A. 96-538, eff. 8-14-09; 97-1150, eff. 1-25-13.)
| ||
(105 ILCS 5/32-1) (from Ch. 122, par. 32-1)
| ||
Sec. 32-1. May vote to organize under general law.
| ||
(a) Any special charter district may, by vote of its | ||
electors, cease to
control its school under the Act under which | ||
it was organized, and become part
of the school township or | ||
townships in which it is situated. Upon petition of
50 voters | ||
of the district, presented to the board having the control and
| ||
management of the schools, the board shall order submitted to | ||
the voters at an
election to be held in the district, in | ||
accordance with the general election
law, the question of | ||
"organizing under the general school law".
The secretary of the | ||
board shall make certification to the proper election
authority | ||
in accordance with the general election law. If, however, a
| ||
majority of the votes cast at any such election in any school | ||
district subject
to Sections 32-3 through 32-4.11 is against | ||
organizing the district under
the general school law, the | ||
question may not again be submitted in the district
for 22 | ||
months thereafter, and then only upon petition signed by at | ||
least 2% of
the voters of the school district. Notice shall be | ||
given in accordance with
the general election law, which notice | ||
shall be in the following form:
| ||
NOTICE OF REFERENDUM
| ||
Notice is hereby given that on (insert date), a referendum |
will be held at.... for the purpose of deciding the
question of | ||
organizing under the general school law. The polls will be | ||
opened
at .... o'clock ..m and closed at .... o'clock ..m.
| ||
Signed .....
| ||
If a majority of the votes cast on the proposition is in | ||
favor of organizing
under the general school law, then the | ||
board having the control and management
of schools in the | ||
district, shall declare the proposition carried.
| ||
When such a proposition is declared to have so carried, the | ||
board of
education shall continue to exercise its powers and | ||
duties under the general
school law. Each member of the board | ||
of education selected under the provisions
of the special | ||
charter shall continue in office until his term has expired.
| ||
Before the term of each of these members expires, the board | ||
shall give notice
of an election to be held on the date of the | ||
next regular school election, in
accordance with the general | ||
election law to fill the vacancy which is created.
Nomination | ||
papers filed under this Section are not valid unless the | ||
candidate
named therein files with the county clerk or the | ||
county board of election commissioners, as the case may be, of | ||
the county in which the principal office of the school district | ||
is located secretary of the board of education a receipt
from | ||
the county clerk showing that the candidate has filed a | ||
statement of
economic interests as required by the Illinois | ||
Governmental Ethics Act.
Such receipt shall be so filed either |
previously during the calendar year
in which his nomination | ||
papers were filed or within the period for the filing
of | ||
nomination papers in accordance with the general election law.
| ||
(b) Notwithstanding the foregoing, any special charter | ||
district whose board
is appointed by the mayor or other | ||
corporate authority of that municipality
may, by resolution | ||
adopted by the corporate authorities of that municipality
cease | ||
to control its school under the Act under which it was | ||
organized,
become a part of the school township or townships in | ||
which it is situated
and become organized under the general | ||
school law. If such a resolution
is adopted, the board of | ||
education shall continue to exercise its powers
and duties | ||
under the general school law. Each member of the board of | ||
education
selected under the provisions of the special charter | ||
shall continue in office
until his term has expired. Before the | ||
term of each of these members expires,
the board shall give | ||
notice of an election to be held on the date of the
next | ||
regular school election, in accordance with the general | ||
election law
to fill the vacancy which is created.
| ||
(Source: P.A. 91-357, eff. 7-29-99.)
| ||
(105 ILCS 5/32-2.5) (from Ch. 122, par. 32-2.5)
| ||
Sec. 32-2.5. Election of board of education in lieu of | ||
appointive board. In all special charter districts having a | ||
population of over 35,000 by the
last federal census, where the | ||
board of directors or board of education
is elected or |
appointed by the city council of the city, of which school
| ||
district such city may form the whole or a part, and where | ||
there are no
provisions in the special charter creating such | ||
school district for the
election of a board of directors or | ||
board of education, there shall be elected
in lieu of the | ||
present governing body a board of education to consist of
7 | ||
members. Nomination of a candidate for member of the board of | ||
education
shall be made by petitions signed in the aggregate by | ||
not less than 200
qualified voters residing in the school | ||
district, and also by filing with
the petitions a statement of | ||
candidacy as provided in the general election
law, which | ||
petitions and statements
of candidacy shall be filed in the | ||
office of the board of education in
accordance with the general | ||
election law.
| ||
Nomination papers filed under this Section are not valid | ||
unless the candidate
named therein files with the county clerk | ||
or the county board of election commissioners, as the case may | ||
be, of the county in which the principal office of the school | ||
district is located secretary of the board of education a | ||
receipt
from the county clerk showing that the candidate has | ||
filed a statement of
economic interests as required by the | ||
Illinois Governmental Ethics Act.
Such receipt shall be so | ||
filed either previously during the calendar year
in which his | ||
nomination papers were filed or within the period for the | ||
filing
of nomination papers in accordance with the general | ||
election law.
|
The county clerk or the county board of election | ||
commissioners secretary of the board shall make certification | ||
to the proper election
authority in accordance with the general | ||
election law.
| ||
(Source: P.A. 81-1490.)
| ||
Section 30. 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 113 78 nor
less than 106 | ||
71 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 113 78 nor less than 106 71 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. 93-847, eff. 7-30-04.)
| ||
Section 35. The Illinois Vehicle Code is amended by | ||
changing Section 6-110.1 as follows:
| ||
(625 ILCS 5/6-110.1)
| ||
Sec. 6-110.1. Confidentiality of captured photographs or | ||
images. The
Secretary of State shall maintain a file on or | ||
contract to file all photographs
and signatures obtained in the | ||
process of issuing a driver's license, permit,
or | ||
identification card. The photographs and signatures shall be | ||
confidential
and shall not be disclosed except to the following | ||
persons:
| ||
(1) the individual upon written request;
| ||
(2) officers and employees of the Secretary of State | ||
who have a need
to have access to the stored images for | ||
purposes of issuing and controlling
driver's licenses, | ||
permits, or identification cards;
| ||
(3) law enforcement officials for a lawful civil or |
criminal
law enforcement investigation; or
| ||
(3-5) the State Board of Elections for the sole purpose | ||
of providing the signatures required by a local election | ||
authority to register a voter through an online voter | ||
registration system; or
| ||
(4) other entities that the Secretary may exempt by | ||
rule.
| ||
(Source: P.A. 92-16, eff. 6-28-01.)
| ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law, except that the changes made to Sections 1A-16, | ||
4-8, 4-10, 4-12, 4-15, 5-7, 5-9, 5-15, 5-21, 6-29, 6-35, 6-40, | ||
and 6-57 of the Election Code take effect on October 1, 2013. |