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Public Act 098-0691 | ||||
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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 1. Short title. This Act may be cited as the | ||||
Minimum Wage Increase Referendum Act. | ||||
Section 5. Referendum. The State Board of Elections shall | ||||
cause a statewide advisory public question to be submitted to | ||||
the voters at the general election to be held on November 4, | ||||
2014. The question shall appear in the following form: | ||||
"Shall the minimum wage in Illinois for adults over the age | ||||
of 18 be raised to $10 per hour by January 1, 2015?"
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The votes on the question shall be recorded as "Yes" or "No".
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Section 10. Certification. The State Board of Elections | ||||
shall immediately certify the question to be submitted to the | ||||
voters of the entire State under Section 5 to each election | ||||
authority in Illinois.
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Section 15. Conflicts. If any provision of this Act | ||||
conflicts with any other law, this Act controls.
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Section 90. Repeal. This Act is repealed on January 1, | ||||
2015.
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Section 900. The Election Code is amended by changing | ||
Sections 1-12, 4-50, 5-50, 6-100, 9-9.5, 10-6, 10-8, 10-10, | ||
11-6, 13-2.5, 14-4.5, 18A-5, 18A-15, 19-2, 19A-10, 19A-15, and | ||
19A-35 as follows: | ||
(10 ILCS 5/1-12) | ||
Sec. 1-12. Public university voting. | ||
(a) 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 | ||
subsection (a) 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 subsection (a). Section.
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(b) Each appropriate election authority shall, in addition | ||
to the voting conducted at locations otherwise required by law, | ||
conduct in-person absentee voting on election day in a | ||
high-traffic location on the campus of a public university | ||
within the election authority's jurisdiction. The procedures | ||
for conducting in-person absentee voting at a site established | ||
pursuant to this subsection (b) shall, to the extent | ||
practicable, be the same procedures required by Article 19 of | ||
this Code for in-person absentee ballots. The election | ||
authority may limit in-person absentee voting under this | ||
subsection (b) to registered voters in precincts where the | ||
public university is located and precincts bordering the | ||
university. The election authority shall have voting equipment | ||
and ballots necessary to accommodate registered voters who may | ||
cast an in-person absentee ballot at a site established | ||
pursuant to this subsection (b). 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 subsection (b). | ||
(c) 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. | ||
(Source: P.A. 98-115, eff. 7-29-13.) | ||
(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 , except that during the 2014 | ||
general election the period shall extend until the polls close | ||
on election day . 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. During the 2014 general election, an unregistered | ||
qualified elector may register to vote, and a registered voter |
may submit a change of address form, in person at any permanent | ||
polling place for early voting established under Section 19A-10 | ||
through election day. 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. The election authority shall offer in-person | ||
grace period voting at the authority's office and any permanent | ||
polling place where grace period registration is required by | ||
this Section; 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.
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(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) | ||
(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 , except that during the 2014 |
general election the period shall extend until the polls close | ||
on election day . 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. During the 2014 general election, an unregistered | ||
qualified elector may register to vote, and a registered voter | ||
may submit a change of address form, in person at any permanent | ||
polling place for early voting established pursuant to Section | ||
19A-10 through election day. 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. The election authority shall offer in-person | ||
grace period voting at his or her office and any permanent | ||
polling place where grace period registration is required by | ||
this Section; 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.
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(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) |
(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 , except that during the 2014 | ||
general election the period shall extend until the polls close | ||
on election day . 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. During the 2014 general election, an unregistered | ||
qualified elector may register to vote, and a registered voter | ||
may submit a change of address form, in person at any permanent | ||
polling place for early voting established pursuant to Section | ||
19A-10 through election day. 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. The election authority shall | ||
offer in-person grace period voting at the authority's office |
and any permanent polling place where grace period registration | ||
is required by this Section; 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.
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(Source: P.A. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13.) | ||
(10 ILCS 5/9-9.5)
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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 , or publication 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.
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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.
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(b) Any political committee, organized under this Code,
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that makes an expenditure for a pamphlet, circular, handbill,
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Internet or telephone communication, radio, television, or
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print advertisement, or other communication directed at voters
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and (i) mentioning the name of a candidate in the next upcoming
| ||
election, without that candidate's permission, or
(ii)
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advocating for or against a public policy position shall ensure
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that the name of the political committee paying for any part of
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the communication, including, but not limited to, its
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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
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not make an expenditure for any unsolicited telephone call to
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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.
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(Source: P.A. 98-115, eff. 7-29-13.)
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(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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Sec. 10-6. Time and manner of filing. Certificates
of
| ||
nomination and nomination papers for the nomination of | ||
candidates for
offices to be filled by electors of the entire | ||
State, or any district
not entirely within a county, or for | ||
congressional, state legislative or
judicial offices, shall be | ||
presented to the principal office of the
State Board of | ||
Elections not more than 141 nor less than 134
days previous
to | ||
the day of election for which the candidates are nominated. The
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State Board of Elections shall endorse the certificates of | ||
nomination or
nomination papers, as the case may be, and the | ||
date and hour of
presentment to it. Except as otherwise | ||
provided in this section, all
other certificates for the | ||
nomination of candidates shall be filed with
the county clerk | ||
of the respective counties not more than 141 but at
least 134 | ||
days previous to the day of such election. Certificates of |
nomination and nomination papers for the nomination of | ||
candidates for school district offices to be filled at | ||
consolidated elections shall be filed with the election | ||
authority in which the principal office of the school district | ||
is located not more than 113 nor less than 106 days before the | ||
consolidated election. Certificates
of
nomination and | ||
nomination papers for the nomination of candidates for
the | ||
other offices of political subdivisions to be filled at regular | ||
elections
other than the general election shall be filed with | ||
the local election
official of such subdivision:
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(1) (Blank);
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(2) not more than 113 nor less than 106 days prior to | ||
the
consolidated
election; or
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(3) not more than 113 nor less than 106 days prior to | ||
the general
primary in the case of municipal offices to be | ||
filled at the general
primary election; or
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(4) not more than 99 nor less than 92 days before the
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consolidated
primary in the case of municipal offices to be | ||
elected on a nonpartisan
basis pursuant to law (including | ||
without limitation, those municipal
offices subject to | ||
Articles 4 and 5 of the Municipal Code); or
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(5) not more than 113 nor less than 106 days before the | ||
municipal
primary in even numbered years for such | ||
nonpartisan municipal offices
where annual elections are | ||
provided; or
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(6) in the case of petitions for the office of |
multi-township assessor,
such petitions shall be filed | ||
with the election authority not more than
113 nor less than | ||
106 days before the consolidated election.
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However, where a political subdivision's boundaries are | ||
co-extensive
with or are entirely within the jurisdiction of a | ||
municipal board of
election commissioners, the certificates of | ||
nomination and nomination
papers for candidates for such | ||
political subdivision offices shall be filed
in the office of | ||
such Board.
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(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
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(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
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Sec. 10-8.
Certificates of nomination and nomination | ||
papers, and
petitions to submit public questions to a | ||
referendum, being filed as
required by this Code, and being in | ||
apparent conformity with the
provisions of this Act, shall be | ||
deemed to be valid unless objection
thereto is duly made in | ||
writing within 5 business days after the last day for
filing | ||
the certificate of nomination or nomination papers or petition
| ||
for a public question, with the following exceptions:
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A. In the case of petitions to amend Article IV of the
| ||
Constitution of the State of Illinois, there shall be a | ||
period of 35
business days after the last day for the | ||
filing of such
petitions in which objections can be filed.
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B. In the case of petitions for advisory questions of | ||
public policy to be
submitted to the voters of the entire |
State, there shall be a period of
35 business days after | ||
the last day for the filing of such
petitions in which | ||
objections can be filed.
| ||
Any legal voter of the political subdivision or district in | ||
which the
candidate or public question is to be voted on, or | ||
any legal voter in
the State in the case of a proposed | ||
amendment to Article IV of the
Constitution or an advisory | ||
public question to be submitted to the
voters of the entire | ||
State, having objections to any certificate of nomination
or | ||
nomination papers or petitions filed, shall file an objector's | ||
petition
together with 2 copies a copy thereof in the principal | ||
office or the permanent branch
office of the State Board of | ||
Elections, or in the office of the election
authority or local | ||
election official with whom the certificate of
nomination, | ||
nomination papers or petitions are on file. Objection petitions | ||
that do not include 2 copies thereof, shall not be accepted.
In | ||
the case of nomination papers or certificates of nomination,
| ||
the State Board of Elections, election authority or local | ||
election official
shall note the day and hour upon which such | ||
objector's
petition is filed, and shall, not later than 12:00
| ||
noon on the second business day after receipt of the
petition, | ||
transmit by registered mail or receipted
personal delivery the | ||
certificate of nomination or nomination papers and
the original | ||
objector's petition to the chairman of the proper electoral
| ||
board designated in Section 10-9 hereof, or his authorized | ||
agent, and
shall transmit a copy by registered mail or |
receipted personal delivery
of the objector's petition, to the | ||
candidate whose certificate of nomination
or nomination papers | ||
are objected to, addressed to the place of residence
designated | ||
in said certificate of nomination or nomination papers. In the
| ||
case of objections to a petition for a proposed amendment to | ||
Article IV of
the Constitution or for an advisory public | ||
question to be submitted to the
voters of the entire State, the | ||
State Board of Elections shall note the day
and hour upon which | ||
such objector's petition is filed and shall transmit a
copy of | ||
the objector's petition by registered mail or receipted | ||
personal
delivery to the person designated on a certificate | ||
attached to the petition
as the principal proponent of such | ||
proposed amendment or public question,
or as the proponents' | ||
attorney, for the purpose of receiving notice of
objections. In | ||
the case of objections to a petition for a public question,
to | ||
be submitted to the voters of a political subdivision, or | ||
district
thereof, the election authority or local election | ||
official with whom such
petition is filed shall note the day | ||
and hour upon which such
objector's petition was filed, and | ||
shall, not later than 12:00 noon on the
second business day | ||
after receipt of the petition,
transmit by registered mail or | ||
receipted personal delivery
the petition for the public | ||
question and the original objector's petition
to the chairman | ||
of the proper electoral board designated in Section 10-9
| ||
hereof, or his authorized agent, and shall transmit a copy by
| ||
registered mail or receipted personal delivery, of the |
objector's petition
to the person designated on a certificate | ||
attached to the petition as the
principal proponent of the | ||
public question, or as the proponent's attorney,
for the | ||
purposes of receiving notice of objections.
| ||
The objector's petition shall give the objector's name and | ||
residence
address, and shall state fully the nature of the | ||
objections to the
certificate of nomination or nomination | ||
papers or petitions in question,
and shall state the interest | ||
of the objector and shall state what relief
is requested of the | ||
electoral board.
| ||
The provisions of this Section and of Sections 10-9, 10-10 | ||
and
10-10.1 shall also apply to and govern objections to | ||
petitions for
nomination filed under Article 7 or Article 8, | ||
except as otherwise
provided in Section 7-13 for cases to which | ||
it is applicable, and also
apply to and govern petitions for | ||
the submission of public questions under
Article 28.
| ||
(Source: P.A. 86-1348.)
| ||
(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 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 and only upon a vote by a majority of its | ||
members, may authorize the
chairman to 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. 98-115, eff. 7-29-13.)
| ||
(10 ILCS 5/11-6) (from Ch. 46, par. 11-6)
| ||
Sec. 11-6.
Within 60 days after the effective date of this | ||
amendatory Act of the 98th General Assembly, each election | ||
authority shall transmit to the principal office of the State | ||
Board of
Elections and publish on any website maintained by the | ||
election authority maps in electronic portable document format | ||
(.PDF) showing the current boundaries of all the precincts | ||
within its jurisdiction. Whenever election precincts in an | ||
election jurisdiction have been redivided or readjusted, the | ||
county board or board of election commissioners shall prepare | ||
maps in electronic portable document format (.PDF) showing such | ||
election precinct boundaries no later than 90 days before the | ||
next scheduled election. The maps shall show the boundaries of | ||
all political subdivisions and districts. The county board or | ||
board of election commissioners shall immediately forward |
copies thereof to the chairman of each county central committee | ||
in the county, to each township, ward, or precinct | ||
committeeman, and each local election official whose political | ||
subdivision is wholly or partly in the county and, upon | ||
request, shall furnish copies thereof to each candidate for | ||
political or public office in the county and shall transmit | ||
copies thereof to the principal office of the State Board of | ||
Elections and publish copies thereof on any website maintained | ||
by the election authority. | ||
Within 60 days of the effective date of this amendatory Act
of | ||
1983, each election authority shall transmit to the principal | ||
office
of the State Board of Elections maps showing the current | ||
boundaries of all
the precincts within its jurisdiction. | ||
Whenever election precincts in
an election jurisdiction have | ||
been redivided or readjusted, the county
board or board of | ||
election commissioners shall prepare maps showing such
| ||
election precinct boundaries no later than 45 days before the | ||
next scheduled
election. The maps, or transparent overlays, | ||
shall show the boundaries
of all political subdivisions and | ||
districts. The county board or board
of election commissioners | ||
shall immediately forward copies thereof to the
chairman of | ||
each county central committee in the county, to each township,
| ||
ward or precinct committeeman and each local election official | ||
whose
political subdivision is wholly or partly in the county | ||
and, upon request,
shall furnish copies thereof to each | ||
candidate for political or public office
in the county and |
shall transmit copies thereof to the principal office
of the | ||
State Board of Elections.
| ||
(Source: P.A. 84-861.)
| ||
(10 ILCS 5/13-2.5)
| ||
Sec. 13-2.5. Time off from work to serve as election judge.
| ||
Any person
who
is
appointed as an election judge under Section | ||
13-1 or 13-2 may, after giving his
or her
employer at least 20 | ||
days' written notice, be absent from his or her place of
work | ||
for the
purpose of serving as an election judge. An employer | ||
may not penalize an
employee for
that absence other than a | ||
deduction in salary for the time the employee was
absent from
| ||
his or her place of employment. An employer may not require an | ||
employee to use earned vacation time or any form of paid leave | ||
time to serve as an election judge.
| ||
This Section does not apply to an employer with fewer than | ||
25 employees.
An employer with more than 25 employees
shall not | ||
be required to permit more than 10% of the employees to be | ||
absent
under this Section on the same election day.
| ||
(Source: P.A. 94-645, eff. 8-22-05.) | ||
(10 ILCS 5/14-4.5)
| ||
Sec. 14-4.5. Time off from work to serve as election judge.
| ||
Any person
who
is
appointed as an election judge under Section | ||
13-1 or 13-2 may, after giving his
or her
employer at least 20 | ||
days' written notice, be absent from his or her place of
work |
for the
purpose of serving as an election judge. An employer | ||
may not penalize an
employee for
that absence other than a | ||
deduction in salary for the time the employee was
absent from
| ||
his or her place of employment. An employer may not require an | ||
employee to use earned vacation time or any form of paid leave | ||
time to serve as an election judge.
| ||
This Section does not apply to an employer with fewer than | ||
25 employees.
An employer with more than 25 employees
shall not | ||
be required to permit more than 10% of the employees to be | ||
absent
under this Section on the same election day.
| ||
(Source: P.A. 94-645, eff. 8-22-05.)
| ||
(10 ILCS 5/18A-5)
| ||
Sec. 18A-5. Provisional voting; general provisions.
| ||
(a) A person who claims to be a registered voter is | ||
entitled to cast a
provisional ballot under the following | ||
circumstances:
| ||
(1) The person's name does not appear on the official | ||
list of eligible
voters for the precinct in which
the | ||
person seeks to vote. The official list is the centralized | ||
statewide voter registration list established and | ||
maintained in accordance with Section 1A-25;
| ||
(2) The person's voting status has been challenged by | ||
an election judge, a
pollwatcher, or any legal voter and | ||
that challenge has been sustained by a
majority of the | ||
election judges;
|
(3) A federal or State court order extends the time for | ||
closing the polls
beyond the time period established by | ||
State law and the person votes during the
extended time | ||
period;
| ||
(4) The voter registered to vote by mail and is | ||
required by law to
present identification when voting | ||
either in person or by absentee ballot, but
fails to do so;
| ||
(5) The voter's name appears on the list of voters who | ||
voted during the early voting period, but the voter claims | ||
not to have voted during the early voting period; or | ||
(6) The voter received an absentee ballot but did not | ||
return the absentee ballot to the election authority ; or . | ||
(7) The voter registered to vote during the grace | ||
period on the day before election day or on election day | ||
during the 2014 general election. | ||
(b) The procedure for obtaining and casting a provisional | ||
ballot at the
polling place
shall be as follows:
| ||
(1) After first verifying through an examination of the | ||
precinct register that the person's address is within the | ||
precinct boundaries, an election judge at the polling place | ||
shall notify a person who is
entitled to cast a provisional | ||
ballot pursuant to subsection (a)
that he or she may cast a | ||
provisional ballot in that election.
An election judge
must | ||
accept any information provided by a person who casts a | ||
provisional ballot
that the person believes supports his or | ||
her claim that he or she is a duly
registered voter and |
qualified to vote in the election. However, if the person's | ||
residence address is outside the precinct boundaries, the | ||
election judge shall inform the person of that fact, give | ||
the person the appropriate telephone number of the election | ||
authority in order to locate the polling place assigned to | ||
serve that address, and instruct the person to go to the | ||
proper polling place to vote.
| ||
(2) The person shall execute a written form provided by | ||
the
election judge that shall state or contain all of the | ||
following that is available:
| ||
(i) an affidavit stating the following:
| ||
State of Illinois, County of ................, | ||
Township
.............,
Precinct ........, Ward | ||
........, I, ......................., do solemnly
| ||
swear (or affirm) that: I am a citizen of the | ||
United States; I am 18 years of
age or older; I | ||
have resided in this State and in this precinct for | ||
30 days
preceding this election; I have not voted | ||
in this election; I am a duly
registered voter in | ||
every respect; and I am eligible to vote in this | ||
election.
Signature ...... Printed Name of Voter | ||
....... Printed Residence
Address of Voter ...... | ||
City
...... State .... Zip Code ..... Telephone | ||
Number ...... Date of Birth .......
and Illinois | ||
Driver's License Number ....... or Last 4 digits of | ||
Social
Security
Number ...... or State |
Identification Card
Number issued to you by the | ||
Illinois Secretary of State........
| ||
(ii) A box for the election judge to check one of | ||
the 6 reasons why the
person was given a provisional | ||
ballot under subsection (a) of Section 18A-5.
| ||
(iii) An area for the election judge to affix his | ||
or her signature and to
set forth any facts that | ||
support or oppose the allegation that the person is
not | ||
qualified to vote in the precinct in which the person | ||
is seeking to vote.
| ||
The written affidavit form described in this | ||
subsection (b)(2) must be
printed on a multi-part form | ||
prescribed by the county clerk or board of
election | ||
commissioners, as the case may be.
| ||
(3) After the person executes the portion of the | ||
written affidavit described
in subsection (b)(2)(i) of | ||
this Section, the election judge shall complete the
portion | ||
of the written affidavit described in subsection | ||
(b)(2)(iii) and
(b)(2)(iv).
| ||
(4) The election judge shall give a copy of the | ||
completed written affidavit
to the person. The election | ||
judge shall place the original written affidavit in
a | ||
self-adhesive clear plastic packing list envelope that | ||
must be attached to a
separate envelope marked as a | ||
"provisional ballot envelope". The election judge
shall | ||
also place any information provided by the person who casts |
a provisional
ballot in the clear plastic packing list | ||
envelope. Each county clerk or board
of election | ||
commissioners, as the case may be,
must design, obtain or | ||
procure self-adhesive clear plastic packing list
envelopes | ||
and provisional ballot envelopes that are suitable for | ||
implementing
this subsection (b)(4) of this Section.
| ||
(5) The election judge shall provide the person with a | ||
provisional ballot,
written instructions for casting a | ||
provisional ballot, and the provisional
ballot envelope | ||
with the clear plastic packing list envelope affixed to it,
| ||
which contains the person's original written affidavit | ||
and, if any, information
provided by the provisional voter | ||
to support his or her claim that he or she is
a duly | ||
registered voter. An election judge must also give the | ||
person written
information that states that any person who | ||
casts a provisional ballot shall be
able to ascertain, | ||
pursuant to guidelines established by the State Board of
| ||
Elections, whether the provisional vote was counted in the | ||
official canvass of
votes for that election and, if the | ||
provisional vote was not counted, the
reason that the vote | ||
was not counted.
| ||
(6) After the person has completed marking his or her | ||
provisional ballot, he
or she shall place the marked ballot | ||
inside of the provisional ballot envelope,
close and seal | ||
the envelope, and return the envelope to an election judge, | ||
who
shall then deposit the sealed provisional ballot |
envelope into a securable
container separately identified | ||
and utilized for containing sealed provisional
ballot | ||
envelopes. Ballots that are provisional because they are | ||
cast after 7:00 p.m. by court
order shall be kept separate | ||
from other provisional ballots. Upon the closing of the | ||
polls, the securable container shall
be
sealed with | ||
filament tape provided for that purpose, which shall be | ||
wrapped
around the box lengthwise and crosswise, at least | ||
twice each way, and each of
the election judges shall sign | ||
the seal.
| ||
(c) Instead of the affidavit form described in subsection | ||
(b), the county
clerk or board of election commissioners, as | ||
the case may be, may design and
use a multi-part affidavit form | ||
that is imprinted upon or attached to the
provisional ballot | ||
envelope described in subsection (b). If a county clerk or
| ||
board of election commissioners elects to design and use its | ||
own multi-part
affidavit form, then the county clerk or board | ||
of election commissioners shall
establish a mechanism for | ||
accepting any information the provisional voter has
supplied to | ||
the election judge to support his or her claim that he or she | ||
is a
duly registered voter. In all other respects, a county | ||
clerk or board of
election commissioners shall establish | ||
procedures consistent with subsection
(b).
| ||
(d) The county clerk or board of election commissioners, as | ||
the case may be,
shall use the completed affidavit form | ||
described in subsection (b) to update
the person's voter |
registration information in the State voter registration
| ||
database and voter registration database of the county clerk or | ||
board of
election commissioners, as the case may be. If a | ||
person is later determined not
to be a registered voter based | ||
on Section 18A-15 of this Code, then the
affidavit shall be | ||
processed by the county clerk or board of election
| ||
commissioners, as the case may be, as a voter registration | ||
application.
| ||
(Source: P.A. 97-766, eff. 7-6-12.)
| ||
(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 unless the provisional voter cast a | ||
ballot pursuant to paragraph (7) of subsection (a) of | ||
Section 18A-5, in which case the provisional ballot must | ||
have been cast in the correct election jurisdiction based | ||
on the address provided . 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 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 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; 98-115, eff. 7-29-13.)
| ||
(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 90 40 nor less than 5 days | ||
prior to the
date of such election, or by personal delivery not | ||
more than 90 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. The URL address | ||
at which voters may electronically request an absentee ballot |
shall be fixed no later than 90 calendar days before an | ||
election and shall not be changed until after the election.
| ||
Such a ballot shall be delivered to the elector only upon | ||
separate application by the elector for each election.
| ||
(Source: P.A. 97-81, eff. 7-5-11; 98-115, eff. 7-29-13.)
| ||
(10 ILCS 5/19A-10)
| ||
Sec. 19A-10. Permanent polling places for early voting.
| ||
(a) An election authority may establish permanent polling | ||
places for early
voting by personal appearance at locations | ||
throughout the election authority's
jurisdiction, including | ||
but not limited to a municipal clerk's office, a township | ||
clerk's office, a road district clerk's office, or a county or | ||
local public agency office. Except as otherwise provided in | ||
subsection (b), any person
entitled to vote early by personal | ||
appearance may do so at any polling place
established for early | ||
voting.
| ||
(b) If it is impractical for the election authority to | ||
provide at each
polling place for early voting a ballot in | ||
every form required in the election
authority's jurisdiction, | ||
the election authority may:
| ||
(1) provide appropriate forms of ballots to the office | ||
of the municipal
clerk in a municipality not having a board | ||
of election commissioners; the
township clerk; or in | ||
counties not under township organization, the road
| ||
district clerk; and
|
(2) limit voting at that polling place to registered | ||
voters in that
municipality, ward or group of wards, | ||
township, or road district.
| ||
If the early voting polling place does not have the correct | ||
ballot form for a person seeking to vote early, the election | ||
judge or election official conducting early voting at that | ||
polling place shall inform the person of that fact, give the | ||
person the appropriate telephone number of the election | ||
authority in order to locate an early voting polling place with | ||
the correct ballot form for use in that person's assigned | ||
precinct, and instruct the person to go to the proper early | ||
voting polling place to vote early.
| ||
(c) During each general primary and general election, each | ||
election authority in a county with a population over 250,000 | ||
shall establish at least one permanent polling place for early | ||
voting by personal appearance at a location within each of the | ||
3 largest municipalities within its jurisdiction. If any of the | ||
3 largest municipalities is over 80,000, the election authority | ||
shall establish at least 2 permanent polling places within the | ||
municipality. All population figures shall be determined by the | ||
federal census.
| ||
(d) During each general primary and general election, each | ||
board of election commissioners established under Article 6 of | ||
this Code in any city, village, or incorporated town with a | ||
population over 100,000 shall establish at least 2 permanent | ||
polling places for early voting by personal appearance. All |
population figures shall be determined by the federal census. | ||
(e) During each general primary and general election, each | ||
election authority in a county with a population of over | ||
100,000 but under 250,000 persons shall establish at least one | ||
polling place for early voting by personal appearance. The | ||
location for early voting may be the election authority's main | ||
office or another location designated by the election | ||
authority. The election authority may designate additional | ||
sites for early voting by personal appearance. All population | ||
figures shall be determined by the federal census.
| ||
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07.) | ||
(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 , except that for the 2014 | ||
general election the period for early voting by personal | ||
appearance shall extend through the 2nd day before election | ||
day .
| ||
(b) Except as otherwise provided by this Section, a 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 | ||
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. For the 2014 | ||
general election, 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, except that beginning 8 | ||
days before election day, a permanent polling place for early | ||
voting must remain open during the hours of 8:30 a.m. to 7:00 | ||
p.m., or 9:00 a.m. to 7:00 p.m.. For the 2014 general election, | ||
a permanent polling place for early voting shall remain open | ||
during the hours of 9:00 a.m. to 12:00 p.m. on Saturdays and | ||
10:00 a.m. to 4:00 p.m. on Sundays; except that, in addition to | ||
the hours required by this subsection (b), a permanent early | ||
voting place designated by an election authority under | ||
subsection (c) of Section 19A-10 must remain open for 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; 98-115, eff. 7-29-13.) | ||
(10 ILCS 5/19A-35)
| ||
Sec. 19A-35. Procedure for voting.
| ||
(a) Not more than 23 days before the start of the election, | ||
the county clerk
shall make available to the election official | ||
conducting early voting by
personal
appearance a sufficient | ||
number of early ballots, envelopes, and printed voting
| ||
instruction slips for the use of early voters. The election | ||
official shall
receipt for all ballots received and shall | ||
return unused or spoiled ballots at
the close of the early | ||
voting period to the county clerk and must strictly
account for |
all ballots received. The ballots delivered to the election
| ||
official must include early ballots for each precinct in the | ||
election
authority's jurisdiction and must include separate | ||
ballots for each political
subdivision conducting an election | ||
of officers or a referendum at that
election.
| ||
(b) In conducting early voting under this Article, the | ||
election judge or official is
required to verify the signature | ||
of the early voter by comparison with the
signature on the
| ||
official registration card, and the judge or official must | ||
verify (i) the identity
of the applicant, (ii) that the | ||
applicant is a registered voter, (iii) the
precinct in which | ||
the applicant is registered, and (iv) the proper ballots of
the | ||
political subdivision in which the applicant resides and is | ||
entitled to
vote before providing an early ballot to the | ||
applicant. Except for during the 2014 general election, the
The | ||
applicant's identity must be verified by the applicant's | ||
presentation of an Illinois driver's license, a non-driver | ||
identification card issued by the Illinois Secretary of State, | ||
a photo identification card issued by a university or college, | ||
or another government-issued identification document | ||
containing the applicant's photograph. The election judge or | ||
official
must verify the applicant's registration from the most | ||
recent poll list
provided by the
election authority, and if the | ||
applicant is not listed on that poll list, by
telephoning the | ||
office of the election authority.
| ||
(b-5) A person requesting an early voting ballot to whom an |
absentee ballot was issued may vote early if the person submits | ||
that absentee ballot to the judges of election or official | ||
conducting early voting for cancellation. If the voter is | ||
unable to submit the absentee ballot, it shall be sufficient | ||
for the voter to submit to the judges or official (i) a portion | ||
of the absentee ballot if the absentee ballot was torn or | ||
mutilated or (ii) an affidavit executed before the judges or | ||
official specifying that (A) the voter never received an | ||
absentee ballot or (B) the voter completed and returned an | ||
absentee ballot and was informed that the election authority | ||
did not receive that absentee ballot. | ||
(b-10) Within one day after a voter casts an early voting | ||
ballot, the election authority shall transmit the voter's name, | ||
street 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. | ||
(b-15) Immediately after voting an early ballot, the voter | ||
shall be instructed whether the voting equipment accepted or | ||
rejected the ballot or identified that ballot as under-voted | ||
for a statewide constitutional office. A voter whose ballot is | ||
identified as under-voted may return to the voting booth and | ||
complete the voting of that ballot. A voter whose early voting | ||
ballot is not accepted by the voting equipment may, upon | ||
surrendering the ballot, request and vote another early voting |
ballot. The voter's surrendered ballot
shall be initialed by | ||
the election judge or official conducting the early voting and | ||
handled as provided in the appropriate
Article governing the | ||
voting equipment used.
| ||
(c) The sealed early ballots in their carrier envelope | ||
shall be delivered by
the election authority to the central | ||
ballot counting location before the close of the
polls on the | ||
day of the election.
| ||
(Source: P.A. 95-699, eff. 11-9-07; 96-317, eff. 1-1-10.) | ||
Section 905. The School Code is amended by changing Section | ||
9-11.1 as follows:
| ||
(105 ILCS 5/9-11.1) (from Ch. 122, par. 9-11.1)
| ||
Sec. 9-11.1.
The county clerk or the board of election | ||
commissioners, as the case may be, of the jurisdiction in which | ||
the principal office of the school district is located local | ||
election official shall conduct a lottery to
determine the | ||
ballot order of candidates for full terms in the event of
any | ||
simultaneous petition filings. Such candidate lottery shall be | ||
conducted as follows:
| ||
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 | ||
simultaneously 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 | ||
simultaneously 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 for | ||
the same office
as of 8:00 a.m. on the first day for petition | ||
filing, or as of the normal
opening hour of the office of the | ||
county clerk or the board of election commissioners, as the | ||
case may be, the county clerk or the board of election | ||
commissioners local election official, 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. 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 county clerk or the board of | ||
election commissioners local election official to all | ||
candidates who filed their petitions
simultaneously and to each | ||
organization of citizens within the election
jurisdiction | ||
which was entitled, under the general election law, at the
next | ||
preceding election, to have pollwatchers present on
the day of |
election. The county clerk or the board of election | ||
commissioners local election official shall post in a
| ||
conspicuous, open and public place, at the entrance of his or | ||
her office,
notice of the time and place 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 10-15 of the
general election law. Where candidates | ||
have filed simultaneously, they
shall be certified in the order | ||
prescribed by this Section and prior to
candidates who filed | ||
for the same office at a later time.
| ||
Where elections are conducted for unexpired terms, a second | ||
lottery to
determine ballot order shall be conducted for | ||
candidates who simultaneously
file petitions for such | ||
unexpired terms. Such lottery shall be conducted
in the same | ||
manner as prescribed by this Section for full term candidates.
| ||
(Source: P.A. 84-1338.)
| ||
Section 997. Severability. If any provision of this Act or | ||
its
application to any person or circumstance is held invalid, | ||
the invalidity
of that provision or application does not affect | ||
other provisions or
applications of this Act that can be given | ||
effect without the invalid
provision or application. | ||
Section 999. Effective date. This Act takes effect upon | ||
becoming law. |