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Public Act 099-0522 | ||||
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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 1-3, 1-12, 1A-16.5, 1A-16.8, 4-8, 4-20, 4-33, 5-7, | ||||
5-28, 5-43, 6-35, 6-65, 6-79, 7-9, 9-3, 10-6, 19-3, 19-4, 19-8, | ||||
20-2, 20-2.1, 20-2.2, 20-2.3, 20-3, 20-8, 20-10, 21-1, 24C-12 | ||||
and 29-5, and by adding Sections 1-13 and 1A-50 as follows:
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(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
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Sec. 1-3. As used in this Act, unless the context otherwise | ||||
requires:
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1. "Election" includes the submission of all questions of | ||||
public
policy, propositions, and all measures submitted to | ||||
popular vote, and
includes primary elections when so indicated | ||||
by the context.
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2. "Regular election" means the general, general primary,
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consolidated and consolidated primary elections regularly | ||||
scheduled in Article
2A. The even numbered year municipal | ||||
primary established in Article 2A is
a regular election only | ||||
with respect to those municipalities in which a
primary is | ||||
required to be held on such date.
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3. "Special election" means an election not regularly | ||||
recurring at fixed
intervals, irrespective of whether it is |
held at the same time and place and by
the same election | ||
officers as a regular election.
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4. "General election" means the biennial election at which | ||
members of
the General Assembly are elected. "General primary | ||
election", "consolidated election" and "consolidated primary | ||
election" mean
the respective elections or the election dates | ||
designated and established
in Article 2A of this Code.
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5. "Municipal election" means an election or primary, | ||
either regular
or special, in cities, villages, and | ||
incorporated towns; and "municipality"
means any such city, | ||
village or incorporated town.
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6. "Political or governmental subdivision" means any unit | ||
of local
government, or school district in which elections are | ||
or may be held.
"Political or governmental subdivision" also | ||
includes, for election purposes,
Regional Boards of School | ||
Trustees, and Township Boards of School Trustees.
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7. The word "township" and the word "town" shall apply
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interchangeably to the type of governmental organization | ||
established in
accordance with the provisions of the Township | ||
Code. The term
"incorporated town" shall mean a municipality | ||
referred to as an
incorporated town in the Illinois Municipal | ||
Code, as now or hereafter
amended.
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8. "Election authority" means a county clerk or a Board of | ||
Election
Commissioners.
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9. "Election Jurisdiction" means (a) an entire county, in | ||
the case of
a county in which no city board of election |
commissioners is located or
which is under the jurisdiction of | ||
a county board of election commissioners;
(b) the territorial | ||
jurisdiction of a city board of election commissioners;
and (c) | ||
the territory in a county outside of the jurisdiction of a city
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board of election commissioners. In each instance election | ||
jurisdiction
shall be determined according to which election | ||
authority maintains the
permanent registration records of | ||
qualified electors.
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10. "Local election official" means the clerk or secretary | ||
of a unit
of local government or school district, as the case | ||
may be, the treasurer
of a township board of school trustees, | ||
and the regional superintendent
of schools with respect to the | ||
various school officer elections and school
referenda for which | ||
the regional superintendent is assigned election duties
by The | ||
School Code, as now or hereafter amended.
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11. "Judges of election", "primary judges" and similar | ||
terms, as
applied to cases where there are 2 sets of judges, | ||
when used in
connection with duties at an election during the | ||
hours the polls are
open, refer to the team of judges of | ||
election on duty during such hours;
and, when used with | ||
reference to duties after the closing of the polls,
refer to | ||
the team of tally judges designated to count the vote after the
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closing of the polls and the holdover judges designated | ||
pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | ||
after the closing of the
polls, any act is required to be | ||
performed by each of the judges of
election, it shall be |
performed by each of the tally judges and by each
of the | ||
holdover judges.
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12. "Petition" of candidacy as used in Sections 7-10 and | ||
7-10.1
shall consist of a statement of candidacy, candidate's | ||
statement
containing oath, and sheets containing signatures of | ||
qualified primary
electors bound together.
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13. "Election district" and "precinct", when used with | ||
reference to
a 30-day residence requirement, means the smallest | ||
constituent territory
in which electors vote as a unit at the | ||
same polling place in any
election governed by this Act.
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14. "District" means any area which votes as a unit for the | ||
election of
any officer, other than the State or a unit of | ||
local government or school
district, and includes, but is not | ||
limited to, legislative, congressional
and judicial districts, | ||
judicial circuits, county board districts,
municipal and | ||
sanitary district wards, school board districts, and | ||
precincts.
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15. "Question of public policy" or "public question"
means | ||
any question, proposition or measure submitted to the voters at | ||
an
election dealing with subject matter other than the | ||
nomination or election
of candidates and shall include, but is | ||
not limited to, any bond or tax
referendum, and questions | ||
relating to the Constitution.
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16. "Ordinance providing the form of government of a | ||
municipality
or county pursuant to Article VII of the | ||
Constitution" includes ordinances,
resolutions and petitions |
adopted by referendum which provide for the form
of government, | ||
the officers or the manner of selection or terms of office
of | ||
officers of such municipality or county, pursuant to the | ||
provisions of
Sections 4, 6 or 7 of Article VII of the | ||
Constitution.
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17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | ||
6-60, and 6-66
shall include a computer tape or computer disc | ||
or other electronic data
processing information containing | ||
voter information.
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18. "Accessible" means accessible to persons with | ||
disabilities and elderly
individuals for the purpose of voting | ||
or registration, as determined by
rule of the State Board of | ||
Elections.
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19. "Elderly" means 65 years of age or older.
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20. "Person with a disability" means a person having a | ||
temporary or permanent physical disability.
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21. "Leading political party" means one of the two | ||
political parties
whose candidates for governor at the most | ||
recent three gubernatorial
elections received either the | ||
highest or second highest average number of
votes. The | ||
political party whose candidates for governor received the
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highest average number of votes shall be known as the first | ||
leading
political party and the political party whose | ||
candidates for governor
received the second highest average | ||
number of votes shall be known as the
second leading political | ||
party.
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22. "Business day" means any day in which the office of an | ||
election
authority, local election official or the State Board | ||
of Elections is open
to the public for a minimum of 7 hours.
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23. "Homeless individual" means any person who has a | ||
nontraditional
residence, including, but not limited to, a | ||
shelter, day shelter, park
bench, street corner, or space under | ||
a bridge.
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24. "Signature" means a name signed in ink or in digitized | ||
form. This definition does not apply to a nominating or | ||
candidate petition or a referendum petition. | ||
25. "Intelligent mail barcode tracking system" means a | ||
printed trackable barcode attached to the return business reply | ||
envelope for mail-in ballots under Article 19 or Article 20 | ||
that allows an election authority to determine the date the | ||
envelope was mailed in absence of a postmark. | ||
(Source: P.A. 99-143, eff. 7-27-15.)
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(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, grace period registration, and | ||
grace period voting at the student union on the campus of a | ||
public university within the election authority's | ||
jurisdiction. The voting required by this subsection (a) to be | ||
conducted on campus must be conducted from the 6th day before a |
general primary or general election until and including the 4th | ||
day before a general primary or general election from 10:00 | ||
a.m. to 5 p.m. and as otherwise required by Article 19A of this | ||
Code, except that the voting required by this subsection (a) | ||
need not be conducted during a consolidated primary or | ||
consolidated election. 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 and grace period | ||
registration and 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 and grace period registration and voting | ||
under this Section to voters in precincts where the public | ||
university is located and precincts bordering the university. | ||
Each public university shall make the space available at the | ||
student union for, and cooperate and coordinate with the | ||
appropriate election authority in, the implementation of this | ||
subsection (a).
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(b) (Blank). | ||
(c) For the purposes of this Section, "public university" | ||
means the University of Illinois, Illinois State University, | ||
Chicago State University, Governors State University, Southern | ||
Illinois University, Northern Illinois University, Eastern |
Illinois University, Western Illinois University, and | ||
Northeastern Illinois University. | ||
(d) For the purposes of this Section, "student union" means | ||
the Student Center at 750 S. Halsted on the University of | ||
Illinois-Chicago campus; the Public Affairs Center at the | ||
University of Illinois at Springfield or a new building | ||
completed after the effective date of this Act housing student | ||
government at the University of Illinois at Springfield; the | ||
Illini Union at the University of Illinois at Urbana-Champaign; | ||
the SIUC Student Center at the Southern Illinois University at | ||
Carbondale campus; the Morris University Center at the Southern | ||
Illinois University at Edwardsville campus; the University | ||
Union at the Western Illinois University at the Macomb campus; | ||
the Holmes Student Center at the Northern Illinois University | ||
campus; the University Union at the Eastern Illinois University | ||
campus; NEIU Student Union at the Northeastern Illinois | ||
University campus; the Bone Student Center at the Illinois | ||
State University campus; the Cordell Reed Student Union at the | ||
Chicago State University campus; and the Hall of Governors in | ||
Building D at the Governors State University campus. | ||
(Source: P.A. 98-115, eff. 7-29-13; 98-691, eff. 7-1-14; | ||
98-1171, eff. 6-1-15 .) | ||
(10 ILCS 5/1-13 new) | ||
Sec. 1-13. Forms of signature. The making and signing of | ||
any form, including an application to register, a certificate |
authorizing cancellation of a registration or authorizing a | ||
transfer of registration, an application to vote, a provisional | ||
ballot, or affidavit, but not including a nominating or | ||
candidate petition or a referendum petition, may be by a | ||
signature written in ink or in digitized form. | ||
(10 ILCS 5/1A-16.5) | ||
Sec. 1A-16.5. Online voter registration. | ||
(a) The State Board of Elections shall establish and | ||
maintain a system for online voter registration that permits a | ||
person to apply to register to vote or to update his or her | ||
existing voter registration. In accordance with technical | ||
specifications provided by the State Board of Elections, each | ||
election authority shall maintain a voter registration system | ||
capable of receiving and processing voter registration | ||
application information, including electronic signatures, from | ||
the online voter registration system established by the State | ||
Board of Elections. | ||
(b) The online voter registration system shall employ | ||
security measures to ensure the accuracy and integrity of voter | ||
registration applications submitted electronically pursuant to | ||
this Section. | ||
(c) The Board may receive voter registration information | ||
provided by applicants using the State Board of Elections' | ||
website, may cross reference that information with data or | ||
information contained in the Secretary of State's database in |
order to match the information submitted by applicants, and may | ||
receive from the Secretary of State the applicant's digitized | ||
signature upon a successful match of that applicant's | ||
information with that contained in the Secretary of State's | ||
database. | ||
(d) Notwithstanding any other provision of law, a person | ||
who is qualified to register to vote and who has an authentic | ||
Illinois driver's license or State identification card issued | ||
by the Secretary of State may submit an application to register | ||
to vote electronically on a website maintained by the State | ||
Board of Elections. | ||
(e) An online voter registration application shall contain | ||
all of the information that is required for a paper application | ||
as provided in Section 1A-16 of this Code, except that the | ||
applicant shall be required to provide: | ||
(1) the applicant's full Illinois driver's license or | ||
State identification card number; | ||
(2) the last 4 digits of the applicant's social | ||
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 4 digits for that person | ||
on file with the Secretary of State. | ||
(h) If the information provided by the applicant matches | ||
the information on the Secretary of State's databases for any | ||
driver's license and State identification card holder and is | ||
matched as provided in subsection (g) above, the online voter | ||
registration system shall: | ||
(1) retrieve from the Secretary of State's database | ||
files an electronic copy of the applicant's signature from | ||
his or her Illinois driver's license or State | ||
identification card and such signature shall be deemed to | ||
be the applicant's signature on his or her online voter | ||
registration application; | ||
(2) within 2 days of receiving the application, forward | ||
to the county clerk or board of election commissioners | ||
having jurisdiction over the applicant's voter | ||
registration: (i) the application, along with the | ||
applicant's relevant data that can be directly loaded into |
the jurisdiction's voter registration system and (ii) a | ||
copy of the applicant's electronic signature and a | ||
certification from the State Board of Elections that the | ||
applicant's driver's license or State identification card | ||
number, driver's license or State identification card date | ||
of issuance, and date of birth and social security | ||
information have been successfully matched. | ||
(i) Upon receipt of the online voter registration | ||
application, the county clerk or board of election | ||
commissioners having jurisdiction over the applicant's voter | ||
registration shall promptly search its voter registration | ||
database to determine whether the applicant is already | ||
registered to vote at the address on the application and | ||
whether the new registration would create a duplicate | ||
registration. If the applicant is already registered to vote at | ||
the address on the application, the clerk or board, as the case | ||
may be, shall send the applicant by first class mail, and | ||
electronic mail if the applicant has provided an electronic | ||
mail address on the original voter registration form for that | ||
address, a disposition notice as otherwise required by law | ||
informing the applicant that he or she is already registered to | ||
vote at such address. If the applicant is not already | ||
registered to vote at the address on the application and the | ||
applicant is otherwise eligible to register to vote, the clerk | ||
or board, as the case may be, shall: | ||
(1) enter the name and address of the applicant on the |
list of registered voters in the jurisdiction; and | ||
(2) send by mail, and electronic mail if the applicant | ||
has provided an electronic mail address on the voter | ||
registration form, a disposition notice to the applicant as | ||
otherwise provided by law setting forth the applicant's | ||
name and address as it appears on the application and | ||
stating that the person is registered to vote. | ||
(j) An electronic signature of the person submitting a | ||
duplicate registration application or a change of address form | ||
that is retrieved and imported from the Secretary of State's | ||
driver's license or State identification card database as | ||
provided herein may, in the discretion of the clerk or board, | ||
be substituted for and replace any existing signature for that | ||
individual in the voter registration database of the county | ||
clerk or board of election commissioners. | ||
(k) Any new registration or change of address submitted | ||
electronically as provided in this Section shall become | ||
effective as of the date it is received by the county clerk or | ||
board of election commissioners having jurisdiction over said | ||
registration. Disposition notices prescribed in this Section | ||
shall be sent within 5 business days of receipt of the online | ||
application or change of address by the county clerk or board | ||
of election commissioners. | ||
(l) All provisions of this Code governing voter | ||
registration and applicable thereto and not inconsistent with | ||
this Section shall apply to online voter registration under |
this Section. All applications submitted on a website | ||
maintained by the State Board of Elections shall be deemed | ||
timely filed if they are submitted no later than 11:59 p.m. on | ||
the 16th day 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 develop or | ||
cause to be developed an online voter registration system able | ||
to be accessed by at least the top two most used mobile | ||
electronic operating systems by January 1, 2016. | ||
(o) (Blank).
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(p) Each State department that maintains an Internet | ||
website must include a hypertext link to the homepage website | ||
maintained and operated pursuant to this Section 1A-16.5. For | ||
the purposes of this Section, "State department" means the | ||
departments of State Government listed in Section 5-15 of the |
Civil Administrative Code of Illinois (General Provisions and | ||
Departments of State Government). | ||
(Source: P.A. 98-115, eff. 7-29-13; 98-756, eff. 7-16-14; | ||
98-1171, eff. 6-1-15 .) | ||
(10 ILCS 5/1A-16.8) | ||
Sec. 1A-16.8. Automatic transfer of registration based | ||
upon information from the National Change of Address database. | ||
The State Board of Elections shall cross-reference the | ||
statewide voter registration database against the United | ||
States Postal Service's National Change of Address database | ||
twice each calendar year, April 15 and October 1 in | ||
odd-numbered years and April 15 and December 1 in even-numbered | ||
years, and shall share the findings with the election | ||
authorities. An election authority shall automatically | ||
register any voter who has moved into its jurisdiction from | ||
another jurisdiction in Illinois or has moved within its | ||
jurisdiction provided that: | ||
(1) the election authority whose jurisdiction includes | ||
the new registration address provides the voter an | ||
opportunity to reject the change in registration address | ||
through a mailing, sent by non-forwardable mail, to the new | ||
registration address, and | ||
(2) when the election authority whose jurisdiction | ||
includes the previous registration address is a different | ||
election authority, then that election authority provides |
the same opportunity through a mailing, sent by forwardable | ||
mail, to the previous registration address. | ||
This change in registration shall trigger the same | ||
inter-jurisdictional or intra-jurisdictional workflows as if | ||
the voter completed a new registration card, including the | ||
cancellation of the voter's previous registration. Should the | ||
registration of a voter be changed from one address to another | ||
within the State and should the voter appear at the polls and | ||
offer to vote from the prior registration address, attesting | ||
that the prior registration address is the true current | ||
address, the voter, if confirmed by the election authority as | ||
having been registered at the prior registration address and | ||
canceled only by the process authorized by this Section, shall | ||
be issued a regular ballot, and the change of registration | ||
address shall be canceled. If the election authority is unable | ||
to immediately confirm the registration, the voter shall be | ||
issued a provisional ballot and the provisional ballot shall be | ||
counted .
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(Source: P.A. 98-1171, eff. 6-1-15 .) | ||
(10 ILCS 5/1A-50 new) | ||
Sec. 1A-50. The ERIC Operations Trust Fund. The ERIC | ||
Operations Trust Fund (Trust Fund) is created as a | ||
nonappropriated trust fund to be held outside of the State | ||
treasury, with the State Treasurer as ex officio custodian. The | ||
Trust Fund shall be financed by a combination of private |
donations and by appropriations by the General Assembly. The | ||
Board may accept from all sources, contributions, grants, | ||
gifts, bequeaths, legacies of money, and securities to be | ||
deposited into the Trust Fund. All deposits shall become part | ||
of the Trust Fund corpus. Moneys in the Trust Fund are not | ||
subject to appropriation and shall be used by the Board solely | ||
for the costs and expenses related to the participation in the | ||
Electronic Registration Information Center pursuant to this | ||
Code. | ||
All gifts, grants, assets, funds, or moneys received by the | ||
Board for the purpose of participation in the Electronic | ||
Registration Information Center shall be deposited and held in | ||
the Trust Fund by the State Treasurer separate and apart from | ||
all public moneys or funds of this State and shall be | ||
administered by the Board exclusively for the purposes set | ||
forth in this Section. All moneys in the Trust Fund shall be | ||
invested and reinvested by the State Treasurer. All interest | ||
accruing from these investments shall be deposited in the Trust | ||
Fund. | ||
The ERIC Operations Trust Fund is not subject to sweeps, | ||
administrative charge-backs, or any other fiscal or budgetary | ||
maneuver that would in any way transfer any amounts from the | ||
ERIC Operations Trust Fund into any other fund of the State.
| ||
(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.
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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
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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.
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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.
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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.
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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.
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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 | ||
or digitized form to the affidavit on both the
original and | ||
duplicate registration record cards.
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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:
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Father's first name.
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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:
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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. 98-115, eff. 10-1-13.)
| ||
(10 ILCS 5/4-20) (from Ch. 46, par. 4-20)
| ||
Sec. 4-20.
The original registration cards shall remain | ||
permanently
in the office of the county clerk or election | ||
authority except as destroyed as provided in
Section 4-5.01; | ||
shall be filed alphabetically without regard to
precincts; and | ||
shall be known as the master file. The master file may be kept | ||
in a computer-based voter registration file or paper format, | ||
provided a secondary digital back-up is kept off site. The | ||
digital file shall be searchable and remain current with all | ||
registration activity conducted by the county clerk or election | ||
authority. The duplicate
registration cards shall constitute | ||
the official registry of voters for
all elections subject to | ||
the provisions of this Article 4, shall be
filed by precincts | ||
alphabetically or geographically so as to correspond
with the | ||
arrangement of the list for such precincts respectively,
| ||
compiled pursuant to Section 4-11 of this Article, and shall be | ||
known as
the precinct file. The duplicate cards for use in |
conducting elections
shall be delivered to the judges of | ||
election by the county clerk in a
suitable binder or other | ||
device, which shall be locked and sealed in
accordance with the | ||
directions to be given by the county clerk and shall
also be | ||
suitably indexed for convenient use by the precinct officers. | ||
The
duplicate cards
shall be delivered to the judges of
| ||
election for use at the polls for elections at the same time as | ||
the
official ballots are delivered to them, and shall be | ||
returned to the
county clerk by the judges of election within | ||
the time provided for the
return of the official ballots. The | ||
county clerk shall determine the
manner of delivery and return | ||
of such duplicate cards,
and shall at all other times retain | ||
them at his office except for such
use of them as may be made | ||
under this Article with respect to
registration not at the | ||
office of the county clerk.
| ||
(Source: P.A. 80-1469.)
| ||
(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.
| ||
(b-2) The election authority may develop and implement a | ||
system to maintain registration cards in digital form using | ||
digitized signatures, which may be stored in a computer-based | ||
voter registration file under subsection (b) of this Section. | ||
The making and signing of any form, including an application to | ||
register and a certificate authorizing cancellation of a | ||
registration or authorizing a transfer of registration may be |
by a signature written in ink or by a digitized signature. | ||
(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. 98-115, eff. 7-29-13.)
| ||
(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 | ||
or digitized form 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. 98-115, eff. 10-1-13.)
| ||
(10 ILCS 5/5-28) (from Ch. 46, par. 5-28)
| ||
Sec. 5-28.
The original registration record cards shall | ||
remain permanently in
the office of the county clerk or | ||
election authority except as destroyed as provided in
Section | ||
5-6; shall be filed alphabetically without regard to precincts;
| ||
and shall be known as the master file. The master file may be | ||
kept in a computer-based voter registration file or paper | ||
format, provided a secondary digital back-up is kept off site. | ||
The digital file shall be searchable and remain current with | ||
all registration activity conducted by the county clerk or | ||
election authority. The duplicate registration record
cards | ||
shall constitute the official registry of voters for all |
elections
and shall be filed by precincts and
townships. The | ||
duplicate cards for use in conducting
elections shall be | ||
delivered to the judges of election by the county
clerk in a | ||
suitable binder or other device, which shall be locked and
| ||
sealed in accordance with the directions to be given by the | ||
county clerk
and shall also be suitably indexed for convenient | ||
use by the precinct
officers. The precinct files shall be | ||
delivered to the judges of
election for use at the polls for | ||
elections at the same
time as the official ballots are | ||
delivered to them, and shall be
returned to the county clerk by | ||
the judges of election within the time
provided for the return | ||
of the official ballots. The county clerk shall
determine the | ||
manner of return and delivery of such file.
| ||
(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.
| ||
(b-2) The election authority may develop and implement a | ||
system to maintain registration cards in digital form using | ||
digitized signatures, which may be stored in a computer-based | ||
voter registration file under subsection (b) of this Section. | ||
The making and signing of any form, including an application to | ||
register and a certificate authorizing cancellation of a | ||
registration or authorizing a transfer of registration may be | ||
by a signature written in ink or by a digitized signature. | ||
(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. 98-115, eff. 7-29-13.)
| ||
(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 | ||
or digitized form 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. 98-115, eff. 10-1-13.)
| ||
(10 ILCS 5/6-65) (from Ch. 46, par. 6-65)
| ||
Sec. 6-65.
| ||
The duplicate registration record cards shall remain | ||
permanently in the
office of the Board of Election | ||
Commissioners; shall be filed
alphabetically without regard to | ||
wards or precincts; and shall be known as
the master file. The | ||
master file may be kept in a computer-based voter registration | ||
file or paper format, provided a secondary digital back-up is | ||
kept off site. The digital file shall be searchable and remain | ||
current with all registration activity conducted by the Board | ||
of Election Commissioners. The original registration record | ||
cards shall constitute
the official precinct registry of |
voters; shall be filed by wards and
precincts; and shall be | ||
known as the precinct file. The original cards
shall be | ||
delivered to the judges of election by the Board of Election
| ||
Commissioners in a suitable binder or other device, which shall | ||
be locked
and sealed in accordance with directions to be given | ||
by the Board of
Election Commissioners and shall also be | ||
suitably indexed for convenient
use by the precinct officers. | ||
The precinct files shall be delivered to the
precinct officers | ||
for use at the polls, on the day of election and shall be
| ||
returned to the Board of Election Commissioners immediately | ||
after the close
of the polls. The board shall determine by | ||
rules the manner of delivery and
return to such file. At all | ||
other times the precinct file shall be retained
at the office | ||
of the Board of Election Commissioners except for such use of
| ||
it as may be made under this Article with respect to | ||
registration not at
the office of the Board of Election | ||
Commissioners.
| ||
(Source: P.A. 78-934.)
| ||
(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.
| ||
(b-2) The election authority may develop and implement a | ||
system to maintain registration cards in digital form using | ||
digitized signatures, which may be stored in a computer-based | ||
voter registration file under subsection (b) of this Section. | ||
The making and signing of any form, including an application to |
register and a certificate authorizing cancellation of a | ||
registration or authorizing a transfer of registration may be | ||
by a signature written in ink or by a digitized signature. | ||
(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. 98-115, eff. 7-29-13.)
| ||
(10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| ||
Sec. 7-9. County central committee; county and State | ||
conventions.
| ||
(a) On the 29th day next succeeding the primary at which
| ||
committeemen are elected, the county central committee of each | ||
political
party shall meet within the county and proceed to
| ||
organize by electing from its own number a chairman and either | ||
from its
own number, or otherwise, such other officers as such | ||
committee may deem
necessary or expedient. Such meeting of the | ||
county central committee
shall be known as the county | ||
convention.
| ||
The chairman of each county committee shall within 10 days | ||
after the
organization, forward to the State Board of | ||
Elections, the names and
post office addresses of the officers, | ||
precinct committeemen and
representative committeemen elected | ||
by his political party.
|
The county convention of each political party shall choose | ||
delegates
to the State convention of its party , if the party | ||
chooses to hold a State convention ; but in any county having | ||
within
its limits any city having a population of 200,000, or | ||
over the
delegates from such city shall be chosen by wards, the | ||
ward committeemen
from the respective wards choosing the number | ||
of delegates to which such
ward is entitled on the basis | ||
prescribed in paragraph (e) of this
Section such delegates to | ||
be members of the delegation to the State
convention from such | ||
county. In all counties containing a population of
2,000,000 or | ||
more outside of cities having a population of 200,000 or
more, | ||
the delegates from each of the townships or parts of townships | ||
as
the case may be shall be chosen by townships or parts of | ||
townships as
the case may be, the township committeemen from | ||
the respective townships
or parts of townships as the case may | ||
be choosing the number of
delegates to which such townships or | ||
parts of townships as the case may
be are entitled, on the | ||
basis prescribed in paragraph (e) of this
Section such | ||
delegates to be members of the delegation to the State
| ||
convention from such county.
| ||
Each member of the State Central Committee of a political | ||
party which
elects its members by Alternative B under paragraph | ||
(a) of Section 7-8
shall be a delegate to the State Convention , | ||
if the party chooses to hold a State convention , ex officio.
| ||
Each member of the State Central Committee of a political | ||
party which
elects its members by Alternative B under paragraph |
(a) of Section 7-8 may
appoint 2 delegates to the State | ||
Convention , if the party chooses to hold a State convention, | ||
who must be residents of the
member's Congressional District.
| ||
(b) State conventions may shall be held within 180 days | ||
after the
general primary in the year 2000 and every 4 years | ||
thereafter. In the year 1998, and every 4 years thereafter,
the | ||
chairman of a State central committee may issue a call for a | ||
State
convention within 180 days after the general primary.
| ||
The State
convention of each political party , if the party | ||
chooses to hold a State convention, has power to make
| ||
nominations of candidates of its political party for the | ||
electors of
President and Vice President of the United States, | ||
and to adopt any party
platform, and, to the
extent determined | ||
by the State central committee as provided in Section
7-14, to | ||
choose and select delegates and alternate delegates at large to
| ||
national nominating conventions. The State Central Committee | ||
may adopt
rules to provide for and govern the procedures of the | ||
State convention.
| ||
(c) The chairman and secretary of each State convention , if | ||
the party chooses to hold a State convention, shall,
within 2 | ||
days thereafter, transmit to the State Board of Elections of
| ||
this State a certificate setting forth the names and addresses | ||
of all
persons nominated by such State convention for electors | ||
of President and
Vice President of the United States, and of | ||
any persons selected by the State
convention for
delegates and | ||
alternate delegates at large to national nominating
|
conventions; and the names of such candidates so chosen by such | ||
State
convention for electors of President and Vice President | ||
of the United
States, shall be caused by
the State Board of | ||
Elections to be printed upon the official ballot at
the general | ||
election, in the manner required by law, and shall be
certified | ||
to the various county clerks of the proper counties in the
| ||
manner as provided in Section 7-60 of this Article 7 for the | ||
certifying
of the names of persons nominated by any party for | ||
State offices. If and
as long as this Act prescribes that the | ||
names of such electors be not
printed on the ballot, then the | ||
names of such electors shall be
certified in such manner as may | ||
be prescribed by the parts of this Act
applicable thereto.
| ||
(d) Each convention , if the party chooses to hold a State | ||
convention, may perform all other functions inherent to such
| ||
political organization and not inconsistent with this Article.
| ||
(e) At least 33 days before the date of a State convention , | ||
if the party chooses to hold a State convention , the chairman | ||
of the State central committee of each political
party shall | ||
file in the principal office of the State Board of
Elections a | ||
call for the State convention. Such call shall state, among
| ||
other things, the time and place (designating the building or | ||
hall) for
holding the State convention. Such call shall be | ||
signed by the chairman
and attested by the secretary of the | ||
committee. In such convention each
county shall be entitled to | ||
one delegate for each 500 ballots voted by
the primary electors | ||
of the party in such county at the primary to be
held next |
after the issuance of such call; and if in such county, less
| ||
than 500 ballots are so voted or if the number of ballots so | ||
voted is
not exactly a multiple of 500, there shall be one | ||
delegate for such
group which is less than 500, or for such | ||
group representing the number
of votes over the multiple of | ||
500, which delegate shall have 1/500 of
one vote for each | ||
primary vote so represented by him. The call for such
| ||
convention shall set forth this paragraph (e) of Section 7-9 in | ||
full and
shall direct that the number of delegates to be chosen | ||
be calculated in
compliance herewith and that such number of | ||
delegates be chosen.
| ||
(f) All precinct, township and ward committeemen when | ||
elected as
provided in this Section shall serve as though | ||
elected at large
irrespective of any changes that may be made | ||
in precinct, township or
ward boundaries and the voting | ||
strength of each committeeman shall
remain as provided in this | ||
Section for the entire time for which he is
elected.
| ||
(g) The officers elected at any convention provided for in | ||
this
Section shall serve until their successors are elected as | ||
provided in
this Act.
| ||
(h) A special meeting of any central committee may be | ||
called by the
chairman, or by not less than 25% of the members | ||
of such committee, by
giving 5 days notice to members of such | ||
committee in writing designating
the time and place at which | ||
such special meeting is to be held and the
business which it is | ||
proposed to present at such special meeting.
|
(i) Except as otherwise provided in this Act, whenever a | ||
vacancy
exists in the office of precinct committeeman because | ||
no one was elected
to that office or because the precinct | ||
committeeman ceases to reside in
the precinct or for any other | ||
reason, the chairman of the county
central committee of the | ||
appropriate political party may fill the
vacancy in such office | ||
by appointment of a qualified resident of the
county and the | ||
appointed precinct committeeman shall serve as though
elected; | ||
however, no such appointment may be made between the general
| ||
primary election and the 30th day after the general primary | ||
election.
| ||
(j) If the number of Congressional Districts in the State | ||
of Illinois
is reduced as a result of reapportionment of | ||
Congressional Districts
following a federal decennial census, | ||
the State Central Committeemen and
Committeewomen of a | ||
political
party which elects its State Central
Committee by | ||
either Alternative A or by Alternative B under paragraph (a)
of | ||
Section 7-8 who were
previously elected shall continue to serve | ||
as if no reapportionment had
occurred until the expiration of | ||
their terms.
| ||
(Source: P.A. 93-847, eff. 7-30-04.)
| ||
(10 ILCS 5/9-3) (from Ch. 46, par. 9-3) | ||
Sec. 9-3. Political committee statement of organization. | ||
(a) Every political committee shall file with the State | ||
Board of Elections a
statement of organization within 10 |
business days of the creation of
such
committee, except any | ||
political committee created within the 30 days before
an
| ||
election shall file a statement of organization within 2 | ||
business days in person, by facsimile transmission, or by | ||
electronic mail. Any change in information previously | ||
submitted in a statement of organization shall be reported, as | ||
required for the original statement of organization by this | ||
Section, within 10 days following that change. A
political | ||
committee that acts as both a state political
committee and a | ||
local political committee shall file a copy of each
statement | ||
of organization with the State Board of Elections and the
| ||
county clerk.
The Board shall impose a civil penalty of $50 per | ||
business day upon political
committees for failing to file or | ||
late filing of a statement of organization. Such penalties | ||
shall not
exceed $5,000, and shall not exceed $10,000 for | ||
statewide office political
committees.
There shall be no fine | ||
if the statement is mailed and postmarked at least 72
hours | ||
prior to the filing deadline.
| ||
In addition to the civil penalties authorized by this | ||
Section, the State
Board of Elections or any other political | ||
committee may apply to the
circuit court for a temporary | ||
restraining
order or a preliminary or permanent injunction | ||
against the political committee
to cease the expenditure of | ||
funds and to cease operations until the statement
of | ||
organization is filed.
| ||
For the purpose of this Section,
"statewide office" means |
the Governor, Lieutenant Governor, Secretary of State,
| ||
Attorney General, State Treasurer, and State Comptroller.
| ||
(b) The statement of organization shall include:
| ||
(1) the name
and address of the political committee and | ||
the designation required by Section 9-2;
| ||
(2) the scope, area of activity, party affiliation, and | ||
purposes of the political
committee;
| ||
(3) the name, address, and position of each custodian | ||
of the
committee's books and accounts;
| ||
(4) the name, address, and position of the committee's | ||
principal
officers, including the chairman, treasurer, and | ||
officers and members of
its finance committee, if any;
| ||
(5) the name and address of any sponsoring entity;
| ||
(6) a statement of what specific disposition of | ||
residual fund will
be made in the event of the dissolution | ||
or
termination of the committee;
| ||
(7) a listing of all banks or other financial | ||
institutions, safety
deposit boxes, and any other | ||
repositories or custodians of funds used by
the committee; | ||
and
| ||
(8) the amount of funds available for campaign | ||
expenditures as of
the filing date of the committee's | ||
statement of organization.
| ||
For purposes of this Section, a "sponsoring entity" is (i) | ||
any person,
organization, corporation, or association that | ||
contributes
at least 33% of the total funding of the political |
committee or (ii) any person
or other entity that is registered | ||
or is required to register under the
Lobbyist Registration Act | ||
and contributes at least 33% of the total funding of
the | ||
political committee.
| ||
(c) Each statement of organization required to be
filed in | ||
accordance with this Section shall be verified, dated, and | ||
signed
by either the treasurer of the political committee | ||
making the statement or
the candidate on whose behalf the | ||
statement is made and shall contain
substantially the following | ||
verification: | ||
"VERIFICATION: | ||
I declare that this statement of organization (including | ||
any
accompanying schedules and statements) has been examined by | ||
me and, to the
best of my knowledge and belief, is a true, | ||
correct, and complete statement
of organization as required by | ||
Article 9 of the Election Code. I understand
that willfully | ||
filing a false or incomplete statement is
subject to a civil | ||
penalty of at least $1,001 and up to $5,000. | ||
................ ..........................................
| ||
(date of filing) (signature of person making the statement)". | ||
(d) The statement of organization for a ballot initiative | ||
committee also shall include a verification signed by the | ||
chairperson of the committee that (i) the committee is formed | ||
for the purpose of supporting or opposing a question of public | ||
policy, (ii) all contributions and expenditures of the | ||
committee will be used for the purpose described in the |
statement of organization, (iii) the committee may accept | ||
unlimited contributions from any source, provided that the | ||
ballot initiative committee does not make contributions or | ||
expenditures in support of or opposition to a candidate or | ||
candidates for nomination for election, election, or | ||
retention, and (iv) failure to abide by these requirements | ||
shall deem the committee in violation of this Article. | ||
(d-5) The statement of organization for an independent | ||
expenditure committee also shall include a verification signed | ||
by the chairperson of the committee that (i) the committee is | ||
formed for the exclusive purpose of making independent | ||
expenditures, (ii) all contributions and expenditures of the | ||
committee will be used for the purpose described in the | ||
statement of organization, (iii) the committee may accept | ||
unlimited contributions from any source, provided that the | ||
independent expenditure committee does not make contributions | ||
to any candidate political committee, political party | ||
committee, or political action committee, and (iv) failure to | ||
abide by these requirements shall deem the committee in | ||
violation of this Article. | ||
(e) For purposes of implementing the changes made by this | ||
amendatory Act of the 96th General Assembly, every political | ||
committee in existence on the effective date of this amendatory | ||
Act of the 96th General Assembly shall file the statement | ||
required by this Section with the Board by December 31, 2010. | ||
(Source: P.A. 96-832, eff. 7-1-10; 97-766, eff. 7-6-12.)
|
(10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| ||
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
| ||
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 county clerk or | ||
county board of election commissioners of the county 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:
| ||
(1) (Blank);
| ||
(2) not more than 113 nor less than 106 days prior to | ||
the
consolidated
election; or
| ||
(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
| ||
(4) not more than 99 nor less than 92 days before the
| ||
consolidated
primary in the case of municipal offices to be | ||
elected on a nonpartisan
basis pursuant to law (including | ||
without limitation, those municipal
offices subject to | ||
Articles 4 and 5 of the Municipal Code); or
| ||
(5) not more than 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
| ||
(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.
| ||
However, where a political subdivision's boundaries are | ||
co-extensive
with or are entirely within the jurisdiction of a | ||
municipal board of
election commissioners, the certificates of | ||
nomination and nomination
papers for candidates for such | ||
political subdivision offices shall be filed
in the office of |
such Board.
| ||
(Source: P.A. 98-691, eff. 7-1-14.)
| ||
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||
Sec. 19-3. The
application for vote by mail ballot shall be | ||
substantially in the
following form: | ||
APPLICATION FOR VOTE BY MAIL 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 vote by mail | ||
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 | ||
vote by mail 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 vote by mail 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 vote by mail ballot. | ||
Upon receipt, the appropriate election authority shall accept | ||
and promptly process any application for vote by mail 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. 97-766, eff. 7-6-12; 98-115, eff. 7-29-13; | ||
98-1171, eff. 6-1-15 .)
| ||
(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 90 days
nor less than 5 days | ||
prior to such election, or by personal delivery not
more than | ||
90 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 a vote by | ||
mail
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, but no sooner | ||
than 40 days before an election, 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, | ||
vote by mail 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 vote by mail 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, informing the vote by mail | ||
voter of the required postage for returning the application and | ||
ballot, and
enumerating
the circumstances under which a person |
is authorized to vote by vote by mail
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 a vote by | ||
mail 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 vote by mail ballots to such authority, and the name | ||
of such vote by mail voter shall be added to such list
within | ||
one business day from receipt of such ballot.
If the vote by | ||
mail 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 vote by mail | ||
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 vote by mail
| ||
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 vote by | ||
mail 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 of 2013, the | ||
ID/DD Community Care Act, or the MC/DD 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 | ||
Friday, 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 vote by mail 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. 98-104, eff. 7-22-13; 98-115, eff. 7-29-13; | ||
98-756, eff. 7-16-14; 98-1171, eff. 6-1-15; 99-180, eff. | ||
7-29-15.)
| ||
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||
Sec. 19-8. Time and place of counting ballots. | ||
(a) (Blank.) | ||
(b) Each vote by mail voter's ballot returned to an | ||
election authority, by any means authorized by this Article, | ||
and received by that election authority before the closing of | ||
the polls on election day shall be endorsed by the receiving | ||
election authority with the day and hour of receipt and may be | ||
processed by the election authority beginning on the 15th day | ||
before election day it is received by the election authority in | ||
the central ballot counting location of the election authority, | ||
but the results of the processing may not be counted until the |
day of the election after 7:00 p.m., except as provided in | ||
subsections (g) and (g-5).
| ||
(c) Each vote by mail voter's ballot that is mailed to an | ||
election authority and postmarked no later than election day, | ||
but that is received by the election authority after the polls | ||
close on election day and before the close of the period for | ||
counting provisional ballots cast at that election, shall be | ||
endorsed by the receiving authority with the day and hour of | ||
receipt and shall be counted at the central ballot counting | ||
location of the election authority during the period for | ||
counting provisional ballots. | ||
Each vote by mail voter's ballot that is mailed to an | ||
election authority absent a postmark or a barcode usable with | ||
an intelligent mail barcode tracking system , but that is | ||
received by the election authority after the polls close on | ||
election day and before the close of the period for counting | ||
provisional ballots cast at that election, shall be endorsed by | ||
the receiving authority with the day and hour of receipt, | ||
opened to inspect the date inserted on the certification, and, | ||
if the certification date is a date preceding the election day | ||
or earlier and the ballot is otherwise found to be valid under | ||
the requirements of this Section, counted at the central ballot | ||
counting location of the election authority during the period | ||
for counting provisional ballots. Absent a date on the | ||
certification, the ballot shall not be counted.
| ||
If an election authority is using an intelligent mail |
barcode tracking system, a ballot that is mailed to an election | ||
authority absent a postmark may be counted if the intelligent | ||
mail barcode tracking system verifies the envelope was mailed | ||
no later than election day. | ||
(d) Special write-in vote by mail voter's blank ballots | ||
returned to an election authority, by any means authorized by | ||
this Article, and received by the election authority at any | ||
time before the closing of the polls on election day shall be | ||
endorsed by the receiving election authority with the day and | ||
hour of receipt and shall be counted at the central ballot | ||
counting location of the election authority during the same | ||
period provided for counting vote by mail voters' ballots under | ||
subsections (b), (g), and (g-5). Special write-in vote by mail | ||
voter's blank ballots that are mailed to an election authority | ||
and postmarked no later than election day, but that are | ||
received by the election authority after the polls close on | ||
election day and before the closing of the period for counting | ||
provisional ballots cast at that election, shall be endorsed by | ||
the receiving authority with the day and hour of receipt and | ||
shall be counted at the central ballot counting location of the | ||
election authority during the same periods provided for | ||
counting vote by mail voters' ballots under subsection (c). | ||
(e) Except as otherwise provided in this Section, vote by | ||
mail voters' ballots and special write-in vote by mail voter's | ||
blank ballots received by the election authority after the | ||
closing of the polls on an
election day shall be endorsed by |
the election authority receiving them
with the day and hour of | ||
receipt and shall be safely kept unopened by the
election | ||
authority for the period of time required for the preservation | ||
of
ballots used at the election, and shall then, without being | ||
opened, be
destroyed in like manner as the used ballots of that | ||
election.
| ||
(f) Counting required under this Section to begin on | ||
election day after the closing of the polls shall commence no | ||
later than 8:00 p.m. and shall be conducted
by a panel or | ||
panels of election judges appointed in the manner provided
by | ||
law. The counting shall continue until all vote by mail voters' | ||
ballots and special write-in vote by mail voter's blank ballots | ||
required to be counted on election day have been counted.
| ||
(g) The procedures set forth in Articles 17 and
18 of this | ||
Code shall apply to all ballots counted under
this Section. In | ||
addition, within 2 days after a vote by mail ballot is | ||
received, but in all cases before the close of the period for | ||
counting provisional ballots, the election judge or official | ||
shall compare the voter's signature on the certification | ||
envelope of that vote by mail ballot with the signature of the | ||
voter on file in the office of the election authority. If the | ||
election judge or official determines that the 2 signatures | ||
match, and that the vote by mail voter is otherwise qualified | ||
to cast a vote by mail ballot, the election authority shall | ||
cast and count the ballot on election day or the day the ballot | ||
is determined to be valid, whichever is later, adding the |
results to the precinct in which the voter is registered. If | ||
the election judge or official determines that the signatures | ||
do not match, or that the vote by mail voter is not qualified | ||
to cast a vote by mail ballot, then without opening the | ||
certification envelope, the judge or official shall mark across | ||
the face of the certification envelope the word "Rejected" and | ||
shall not cast or count the ballot. | ||
In addition to the voter's signatures not matching, a vote | ||
by mail ballot may be rejected by the election judge or | ||
official: | ||
(1) if the ballot envelope is open or has been opened | ||
and resealed; | ||
(2) if the voter has already cast an early or grace | ||
period ballot; | ||
(3) if the voter voted in person on election day or the | ||
voter is not a duly registered voter in the precinct; or | ||
(4) on any other basis set forth in this Code. | ||
If the election judge or official determines that any of | ||
these reasons apply, the judge or official shall mark across | ||
the face of the certification envelope the word "Rejected" and | ||
shall not cast or count the ballot.
| ||
(g-5) If a vote by mail ballot is rejected by the election | ||
judge or official for any reason, the election authority shall, | ||
within 2 days after the rejection but in all cases before the | ||
close of the period for counting provisional ballots, notify | ||
the vote by mail voter that his or her ballot was rejected. The |
notice shall inform the voter of the reason or reasons the | ||
ballot was rejected and shall state that the voter may appear | ||
before the election authority, on or before the 14th day after | ||
the election, to show cause as to why the ballot should not be | ||
rejected. The voter may present evidence to the election | ||
authority supporting his or her contention that the ballot | ||
should be counted. The election authority shall appoint a panel | ||
of 3 election judges to review the contested ballot, | ||
application, and certification envelope, as well as any | ||
evidence submitted by the vote by mail voter. No more than 2 | ||
election judges on the reviewing panel shall be of the same | ||
political party. The reviewing panel of election judges shall | ||
make a final determination as to the validity of the contested | ||
vote by mail ballot. The judges' determination shall not be | ||
reviewable either administratively or judicially. | ||
A vote by mail ballot subject to this subsection that is | ||
determined to be valid shall be counted before the close of the | ||
period for counting provisional ballots.
| ||
(g-10) All vote by mail 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.
| ||
(h) Each political party, candidate, and qualified civic | ||
organization shall be entitled to have present one pollwatcher | ||
for each panel of election judges therein assigned.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/20-2) (from Ch. 46, par. 20-2)
| ||
Sec. 20-2. Any member of the United States Service, | ||
otherwise qualified
to vote, who expects in the course of his | ||
duties to be absent from the
county in which he resides on the | ||
day of holding any election may make
application for a vote by | ||
mail ballot to the election authority having
jurisdiction over | ||
his precinct of residence on the official postcard or on
a form | ||
furnished by the election authority as prescribed by Section | ||
20-3 of
this Article not less than 10 days before the election. | ||
A request pursuant
to this Section shall entitle the applicant | ||
to a vote by mail ballot for every
election in one calendar | ||
year. The original application for ballot shall be
kept in the | ||
office of the election authority for one year as authorization
| ||
to send a ballot to the voter for each election to be held | ||
within that
calendar year. A certified copy of such application | ||
for ballot shall be
sent each election with the vote by mail | ||
ballot to the election authority's central ballot counting | ||
location to be used
in lieu of the original application for | ||
ballot. No registration shall be
required in order to vote | ||
pursuant to this Section.
| ||
Ballots under this Section shall be mailed by the election | ||
authority in
the manner prescribed by Section 20-5 of this | ||
Article and not otherwise.
Ballots voted under this Section | ||
must be returned postmarked no later than midnight preceding | ||
election day and received for counting at the central ballot | ||
counting location of the election authority during the period |
for counting provisional ballots, the last day of which is the | ||
14th day following election day.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/20-2.1) (from Ch. 46, par. 20-2.1)
| ||
Sec. 20-2.1. Citizens of the United States temporarily | ||
residing outside
the territorial limits of the United States | ||
who are not registered but
otherwise qualified to vote and who | ||
expect to be absent from their county
of residence during the | ||
periods of voter registration provided for in
Articles 4, 5 or | ||
6 of this Code and on the day of holding any election, may
make | ||
simultaneous application to the election authority having | ||
jurisdiction
over their precinct of residence for registration | ||
by mail and vote by mail
ballot not less than 30 days before | ||
the election. Such application may be
made on the official | ||
postcard or on a form furnished by the election
authority as | ||
prescribed by Section 20-3 of this Article or by facsimile or | ||
electronic transmission. A request pursuant
to this Section | ||
shall entitle the applicant to a vote by mail ballot for every
| ||
election in one calendar year. The original application for | ||
ballot shall be
kept in the office of the election authority | ||
for one year as authorization
to send a ballot to the voter for | ||
each election to be held within that
calendar year. A certified | ||
copy of such application for ballot shall be
sent each election | ||
with the vote by mail ballot to the election authority's | ||
central ballot counting location to be used
in lieu of the |
original application for ballot.
| ||
Registration shall be required in order to vote pursuant to | ||
this Section.
However, if the election authority receives one | ||
of such applications after
30 days but not less than 10 days | ||
before a Federal election, said applicant
shall be sent a | ||
ballot containing the Federal offices only and registration
for | ||
that election shall be waived.
| ||
Ballots under this Section shall be delivered by the | ||
election authority in
the manner prescribed by Section 20-5 of | ||
this Article in person, by mail, or, if requested by the | ||
applicant and the election authority has the capability, by | ||
facsimile transmission or by electronic transmission.
| ||
Ballots voted under this Section must be returned | ||
postmarked no later than midnight preceding election day and | ||
received for counting at the central ballot counting location | ||
of the election authority during the period for counting | ||
provisional ballots, the last day of which is the 14th day | ||
following election day.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/20-2.2) (from Ch. 46, par. 20-2.2)
| ||
Sec. 20-2.2. Any non-resident civilian citizen, otherwise | ||
qualified to
vote, may make application to the election | ||
authority having jurisdiction
over his precinct of former | ||
residence for a vote by mail ballot containing
the Federal | ||
offices only not less than 10 days before a Federal election.
|
Such application may be made on the official postcard or by | ||
facsimile or electronic transmission. A request
pursuant to | ||
this Section shall entitle the applicant to a vote by mail | ||
ballot
for every election in one calendar year at which Federal | ||
offices are
filled. The original application for ballot shall | ||
be kept in the office of
the election authority for one year as | ||
authorization to send a ballot to
the voter for each election | ||
to be held within that calendar year at which
Federal offices | ||
are filled. A certified copy of such application for
ballot | ||
shall be sent each election with the vote by mail ballot to the | ||
election authority's central ballot counting location to be | ||
used in lieu of the original application for ballot.
No | ||
registration shall be required in order to vote pursuant to | ||
this Section.
Ballots under this Section shall be delivered by | ||
the election authority in
the manner prescribed by Section 20-5 | ||
of this Article in person, by mail, or, if requested by the | ||
applicant and the election authority has the capability, by | ||
facsimile transmission or by electronic transmission.
Ballots | ||
voted under this Section must be returned postmarked no later | ||
than midnight preceding election day and received for counting | ||
at the central ballot counting location of the election | ||
authority during the period for counting provisional ballots, | ||
the last day of which is the 14th day following election day.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/20-2.3) (from Ch. 46, par. 20-2.3)
|
Sec. 20-2.3. Members of the Armed Forces and their spouses | ||
and dependents. Any member of the United
States Armed Forces | ||
while on active duty, and his or her spouse and dependents, | ||
otherwise qualified to vote, who
expects in the course of his | ||
or her duties to be absent from the county in
which he or she | ||
resides on the day of holding any election, in addition to any
| ||
other method of making application for vote by mail ballot | ||
under this
Article, may make application for a vote by mail | ||
ballot to the election
authority having jurisdiction over his | ||
or her precinct of residence by a
facsimile machine or | ||
electronic transmission not less than 10 days before
the | ||
election.
| ||
Ballots under this Section shall be delivered by the | ||
election authority in
the manner prescribed by Section 20-5 of | ||
this Article in person, by mail, or, if requested by the | ||
applicant and the election authority has the capability, by | ||
facsimile transmission or by electronic transmission.
Ballots | ||
voted under this Section must be returned postmarked no later | ||
than midnight preceding election day and received for counting | ||
at the central ballot counting location of the election | ||
authority during the period for counting provisional ballots, | ||
the last day of which is the 14th day following election day.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
| ||
Sec. 20-3.
The election authority shall furnish the |
following
applications for registration by mail or vote by mail | ||
ballot which shall be
considered a method of application in | ||
lieu of the official postcard.
| ||
1. Members of the United States Service, citizens of the | ||
United
States temporarily residing outside the territorial | ||
limits of the United
States, and certified program participants | ||
under the Address Confidentiality
for Victims of Domestic | ||
Violence Act may make application within the periods
prescribed | ||
in Sections
20-2 or 20-2.1, as the case may be. Such | ||
application shall be
substantially in the following form:
| ||
"APPLICATION FOR BALLOT
| ||
To be voted at the............ election in the precinct in | ||
which is
located my residence at..............., in the | ||
city/village/township of
............(insert home address) | ||
County of........... and State of
Illinois.
| ||
I state that I am a citizen of the United States; that on | ||
(insert
date of election) I shall have resided in the State of | ||
Illinois and in
the election precinct for 30 days; that on the | ||
above date I shall be the
age of 18 years or above; that I am | ||
lawfully entitled to vote in such
precinct at that election; | ||
that I am (check category 1, 2, or 3
below):
| ||
1. ( ) a member of the United States Service,
| ||
2. ( ) a citizen of the United States temporarily residing | ||
outside
the territorial limits of the United States and that I | ||
expect to be
absent from the said county of my residence on the | ||
date of holding such
election, and that I will have no |
opportunity to vote in person on that
day.
| ||
3. ( ) a certified program participant under the Address
| ||
Confidentiality for Victims of Domestic Violence Act.
| ||
I hereby make application for an official ballot or ballots | ||
to be
voted by me at such election if I am absent from the said | ||
county of my
residence, and I agree that I shall return said | ||
ballot or ballots to the
election authority 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 or | ||
shall destroy said ballot or ballots.
| ||
(Check below only if category 2 or 3 and not previously | ||
registered)
| ||
( ) I hereby make application to become registered as a | ||
voter and
agree to return the forms and affidavits for | ||
registration to the
election authority not later than 30 days | ||
before the election.
| ||
Under penalties as provided by law pursuant to Article 29 | ||
of The
Election Code, the undersigned certifies that the | ||
statements set forth
in this application are true and correct.
| ||
.........................
| ||
Post office address or service address to which | ||
registration
materials or ballot should be mailed
| ||
.........................
| ||
.........................
| ||
.........................
|
........................"
| ||
If application is made for a primary election ballot, such
| ||
application shall designate the name of the political party | ||
with which
the applicant is affiliated.
| ||
Such applications may be obtained from the election | ||
authority having
jurisdiction over the person's precinct of | ||
residence.
| ||
2. A spouse or dependent of a member of the United States | ||
Service,
said spouse or dependent being a registered voter in | ||
the county, may
make application on behalf of said person in | ||
the office of the election
authority within the periods | ||
prescribed in Section 20-2 which shall be
substantially in the | ||
following form:
| ||
"APPLICATION FOR BALLOT to be voted at the........... election | ||
in
the precinct in which is located the residence of the person | ||
for whom
this application is made at.............(insert | ||
residence address) in
the city/village/township of......... | ||
County of.......... and State
of Illinois.
| ||
I certify that the following named person................ | ||
(insert
name of person) is a member of the United States | ||
Service.
| ||
I state that said person is a citizen of the United States; | ||
that on
(insert date of election) said person shall have | ||
resided in the State of
Illinois and in the election precinct | ||
for which this application is made
for 30 days; that on the | ||
above date said person shall be the age of 18
years or above; |
that said person is lawfully entitled to vote in such
precinct | ||
at that election; that said person is a member of the United
| ||
States Service, and that in the course of his duties said | ||
person expects
to be absent from his county of residence on the | ||
date of holding such
election, and that said person will have | ||
no opportunity to vote in
person on that day.
| ||
I hereby make application for an official ballot or ballots | ||
to be
voted by said person at such election and said person | ||
agrees that he
shall return said ballot or ballots to the | ||
election authority 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, or shall destroy
said ballot or | ||
ballots.
| ||
I hereby certify that I am the (mother, father, sister, | ||
brother,
husband or wife) of the said elector, and that I am a | ||
registered voter
in the election precinct for which this | ||
application is made. (Strike all
but one that is applicable.)
| ||
Under penalties as provided by law pursuant to Article 29 | ||
of The
Election Code, the undersigned certifies that the | ||
statements set forth
in this application are true and correct.
| ||
Name of applicant ......................
| ||
Residence address ........................
| ||
City/village/township........................
| ||
Service address to which ballot should be mailed:
| ||
.........................
|
.........................
| ||
.........................
| ||
........................"
| ||
If application is made for a primary election ballot, such
| ||
application shall designate the name of the political party | ||
with which
the person for whom application is made is | ||
affiliated.
| ||
Such applications may be obtained from the election | ||
authority having
jurisdiction over the voting precinct in which | ||
the person for whom
application is made is entitled to vote.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||
Sec. 20-8. Time and place of counting ballots. | ||
(a) (Blank.) | ||
(b) Each vote by mail voter's ballot returned to an | ||
election authority, by any means authorized by this Article, | ||
and received by that election authority may be processed by the | ||
election authority beginning on the 15th day before election | ||
day it is received by the election authority in the central | ||
ballot counting location of the election authority, but the | ||
results of the processing may not be counted until the day of | ||
the election after 7:00 p.m., except as provided in subsections | ||
(g) and (g-5).
| ||
(c) Each vote by mail voter's ballot that is mailed to an | ||
election authority and postmarked no later than election day, |
but that is received by the election authority after the polls | ||
close on election day and before the close of the period for | ||
counting provisional ballots cast at that election, shall be | ||
endorsed by the receiving authority with the day and hour of | ||
receipt and shall be counted at the central ballot counting | ||
location of the election authority during the period for | ||
counting provisional ballots. | ||
Each vote by mail voter's ballot that is mailed to an | ||
election authority absent a postmark or a barcode usable with | ||
an intelligent mail barcode tracking system , but that is | ||
received by the election authority after the polls close on | ||
election day and before the close of the period for counting | ||
provisional ballots cast at that election, shall be endorsed by | ||
the receiving authority with the day and hour of receipt, | ||
opened to inspect the date inserted on the certification, and, | ||
if the certification date is a date preceding the election day | ||
or earlier and the ballot is otherwise found to be valid under | ||
the requirements of this Section, counted at the central ballot | ||
counting location of the election authority during the period | ||
for counting provisional ballots. Absent a date on the | ||
certification, the ballot shall not be counted.
| ||
If an election authority is using an intelligent mail | ||
barcode tracking system, a ballot that is mailed to an election | ||
authority absent a postmark may be counted if the intelligent | ||
mail barcode tracking system verifies the envelope was mailed | ||
no later than election day. |
(d) Special write-in vote by mail voter's blank ballots | ||
returned to an election authority, by any means authorized by | ||
this Article, and received by the election authority at any | ||
time before the closing of the polls on election day shall be | ||
endorsed by the receiving election authority with the day and | ||
hour of receipt and shall be counted at the central ballot | ||
counting location of the election authority during the same | ||
period provided for counting vote by mail voters' ballots under | ||
subsections (b), (g), and (g-5). Special write-in vote by mail | ||
voter's blank ballot that are mailed to an election authority | ||
and postmarked no later than by midnight preceding the opening | ||
of the polls on election day, but that are received by the | ||
election authority after the polls close on election day and | ||
before the closing of the period for counting provisional | ||
ballots cast at that election, shall be endorsed by the | ||
receiving authority with the day and hour of receipt and shall | ||
be counted at the central ballot counting location of the | ||
election authority during the same periods provided for | ||
counting vote by mail voters' ballots under subsection (c).
| ||
(e) Except as otherwise provided in this Section, vote by | ||
mail voters' ballots and special write-in vote by mail voter's | ||
blank ballots received by the election authority after the | ||
closing of the polls on the day of election shall be
endorsed | ||
by the person receiving the ballots with the day and hour of
| ||
receipt and shall be safely kept unopened by the election | ||
authority for
the period of time required for the preservation |
of ballots used at the
election, and shall then, without being | ||
opened, be destroyed in like
manner as the used ballots of that | ||
election.
| ||
(f) Counting required under this Section to begin on | ||
election day after the closing of the polls shall commence no | ||
later than 8:00 p.m. and shall be conducted
by a panel or | ||
panels of election judges appointed in the manner provided
by | ||
law. The counting shall continue until all vote by mail voters' | ||
ballots and special write-in vote by mail voter's blank ballots | ||
required to be counted on election day have been counted.
| ||
(g) The procedures set forth in Articles 17 and
18 of this | ||
Code shall apply to all ballots counted under
this Section. In | ||
addition, within 2 days after a ballot subject to this Article | ||
is received, but in all cases before the close of the period | ||
for counting provisional ballots, the election judge or | ||
official shall compare the voter's signature on the | ||
certification envelope of that ballot with the signature of the | ||
voter on file in the office of the election authority. If the | ||
election judge or official determines that the 2 signatures | ||
match, and that the voter is otherwise qualified to cast a | ||
ballot under this Article, the election authority shall cast | ||
and count the ballot on election day or the day the ballot is | ||
determined to be valid, whichever is later, adding the results | ||
to the precinct in which the voter is registered. If the | ||
election judge or official determines that the signatures do | ||
not match, or that the voter is not qualified to cast a ballot |
under this Article, then without opening the certification | ||
envelope, the judge or official shall mark across the face of | ||
the certification envelope the word "Rejected" and shall not | ||
cast or count the ballot. | ||
In addition to the voter's signatures not matching, a | ||
ballot subject to this Article may be rejected by the election | ||
judge or official: | ||
(1) if the ballot envelope is open or has been opened | ||
and resealed; | ||
(2) if the voter has already cast an early or grace | ||
period ballot; | ||
(3) if the voter voted in person on election day or the | ||
voter is not a duly registered voter in the precinct; or | ||
(4) on any other basis set forth in this Code. | ||
If the election judge or official determines that any of | ||
these reasons apply, the judge or official shall mark across | ||
the face of the certification envelope the word "Rejected" and | ||
shall not cast or count the ballot. | ||
(g-5) If a ballot subject to this Article is rejected by | ||
the election judge or official for any reason, the election | ||
authority shall, within 2 days after the rejection but in all | ||
cases before the close of the period for counting provisional | ||
ballots, notify the voter that his or her ballot was rejected. | ||
The notice shall inform the voter of the reason or reasons the | ||
ballot was rejected and shall state that the voter may appear | ||
before the election authority, on or before the 14th day after |
the election, to show cause as to why the ballot should not be | ||
rejected. The voter may present evidence to the election | ||
authority supporting his or her contention that the ballot | ||
should be counted. The election authority shall appoint a panel | ||
of 3 election judges to review the contested ballot, | ||
application, and certification envelope, as well as any | ||
evidence submitted by the vote by mail voter. No more than 2 | ||
election judges on the reviewing panel shall be of the same | ||
political party. The reviewing panel of election judges shall | ||
make a final determination as to the validity of the contested | ||
ballot. The judges' determination shall not be reviewable | ||
either administratively or judicially. | ||
A ballot subject to this subsection that is determined to | ||
be valid shall be counted before the close of the period for | ||
counting provisional ballots. | ||
(g-10) All 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.
| ||
(h) Each political party,
candidate, and qualified civic | ||
organization shall be entitled to have
present one pollwatcher | ||
for each panel of election judges therein assigned.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/20-10) (from Ch. 46, par. 20-10)
| ||
Sec. 20-10.
Pollwatchers shall be
permitted to be present | ||
during the casting of the vote by mail voters' ballots , each |
political party, candidate and qualified civic organization | ||
shall be entitled to have present one pollwatcher for each | ||
panel of election judges therein assigned. Such pollwatchers | ||
shall be subject to the same provisions as are provided for | ||
pollwatchers in Sections 7-34 and 17-23 of this Code, and shall | ||
be permitted to observe the election judges making the | ||
signature comparison between that which is on the ballot | ||
envelope and that which is on the permanent voter registration | ||
record card taken from the master file
and the vote of any vote | ||
by mail voter may be challenged for cause the same
as if he | ||
were present and voted in person, and the judges of the
| ||
election or a majority thereof shall have power and authority | ||
to hear
and determine the legality of such ballot; Provided, | ||
however, that if a
challenge to any vote by mail voter's right | ||
to vote is sustained, notice of
the same must be given by the | ||
judges of election by mail addressed to
the voter's mailing | ||
address as stated in the certification and
application for | ||
ballot .
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
| ||
Sec. 21-1.
Choosing and election of electors of President | ||
and
Vice-President of the United States shall be in the | ||
following manner:
| ||
(a) In each year in which a President and Vice-President of | ||
the United
States are chosen, each political party or group in |
this State shall choose
by its State Convention or State | ||
central committee electors of President and Vice-President of | ||
the
United States and such State Convention or State central | ||
committee of such party or group shall also
choose electors at | ||
large, if any are to be appointed for this State and
such State | ||
Convention or State central committee of such party or group | ||
shall by its chairman and
secretary certify the total list of | ||
such electors together with electors at
large so chosen to the | ||
State Board of Elections.
| ||
The filing of such certificate with the Board, of such | ||
choosing of
electors shall be deemed and taken to be the | ||
choosing and selection of the
electors of this State, if such | ||
party or group is successful at the polls
as herein provided in | ||
choosing their candidates for President and
Vice-President of | ||
the United States.
| ||
(b) The names of the candidates of the several political | ||
parties or
groups for electors of President and Vice-President | ||
shall not be printed on
the official ballot to be voted in the | ||
election to be held on the day in
this Act above named. In lieu | ||
of the names of the candidates for such
electors of President | ||
and Vice-President, immediately under the appellation
of party | ||
name of a party or group in the column of its candidates on the
| ||
official ballot, to be voted at said election first above named | ||
in
subsection (1) of Section 2A-1.2 and Section 2A-2, there | ||
shall be printed
within a bracket the name of the candidate for
| ||
President and the name of the candidate for Vice-President of |
such party or
group with a square to the left of such bracket. | ||
Each voter in this State
from the several lists or sets of | ||
electors so chosen and selected by the
said respective | ||
political parties or groups, may choose and elect one of
such | ||
lists or sets of electors by placing a cross in the square to | ||
the left
of the bracket aforesaid of one of such parties or | ||
groups. Placing a cross
within the square before the bracket | ||
enclosing the names of President and
Vice-President shall not | ||
be deemed and taken as a direct vote for such
candidates for | ||
President and Vice-President, or either of them, but shall
only | ||
be deemed and taken to be a vote for the entire list or set of
| ||
electors chosen by that political party or group so certified | ||
to the State
Board of Elections as herein provided. Voting by | ||
means of placing a cross
in the appropriate place preceding the | ||
appellation or title of the
particular political party or | ||
group, shall not be deemed or taken as a
direct vote for the | ||
candidates for President and Vice-President, or either
of them, | ||
but instead to the Presidential vote, as a vote for the entire
| ||
list or set of electors chosen by that political party or group | ||
so
certified to the State Board of Elections as herein | ||
provided.
| ||
(c) Such certification by the respective political parties | ||
or groups in
this State of electors of President and | ||
Vice-President shall be made to the
State Board of Elections | ||
within 2 days after such State convention or meeting of the | ||
State central committee in which the electors were chosen .
|
(d) Should more than one certificate of choice and | ||
selection of electors
of the same political party or group be | ||
filed by contesting conventions or
contesting groups, it shall | ||
be the duty of the State Board of Elections
within 10 days | ||
after the adjournment of the last of such conventions to
meet | ||
and determine which set of nominees for electors of such party | ||
or
group was chosen and selected by the authorized convention | ||
of such party or
group. The Board, after notice to the chairman | ||
and secretaries or managers
of the conventions or groups and | ||
after a hearing shall determine which set
of electors was so | ||
chosen by the authorized convention and shall so
announce and | ||
publish the fact, and such decision shall be final and the set
| ||
of electors so determined upon by the electoral board to be so | ||
chosen shall
be the list or set of electors to be deemed | ||
elected if that party shall be
successful at the polls, as | ||
herein provided.
| ||
(e) Should a vacancy occur in the choice of an elector in a
| ||
congressional district, such vacancy may be filled by the | ||
executive
committee of the party or group for such | ||
congressional district, to be
certified by such committee to | ||
the State Board of Elections. Should a
vacancy occur in the | ||
office of elector at large, such vacancy shall be
filled by the | ||
State committee of such political party or group, and
certified | ||
by it to the State Board of Elections.
| ||
(Source: P.A. 84-861.)
|
(10 ILCS 5/24C-12)
| ||
Sec. 24C-12. Procedures for Counting and Tallying of
| ||
Ballots. In an election jurisdiction where a Direct Recording
| ||
Electronic Voting System is used, the following procedures for
| ||
counting and tallying the ballots shall apply:
| ||
Before the opening of the polls, the judges of elections
| ||
shall assemble the voting equipment and devices and turn the
| ||
equipment on. The judges shall, if necessary, take steps to
| ||
activate the voting devices and counting equipment by inserting
| ||
into the equipment and voting devices appropriate data cards
| ||
containing passwords and data codes that will select the proper
| ||
ballot formats selected for that polling place and that will
| ||
prevent inadvertent or unauthorized activation of the | ||
poll-opening function.
Before voting begins and before ballots | ||
are
entered into the voting devices, the judges of election | ||
shall
cause to be printed a record of the following: the | ||
election's
identification data, the device's unit | ||
identification, the
ballot's format identification, the | ||
contents of each active
candidate register by office and of | ||
each active public question
register showing that they contain | ||
all zero votes, all ballot
fields that can be used to invoke | ||
special voting options, and
other information needed to ensure | ||
the readiness of the
equipment and to accommodate | ||
administrative reporting
requirements. The judges must also | ||
check to be sure that the
totals are all zeros in the counting | ||
columns and in the public
counter affixed to the voting |
devices.
| ||
After the judges have determined that a person is qualified
| ||
to vote, a voting device with the proper ballot to which the
| ||
voter is entitled shall be enabled to be used by the voter. The
| ||
ballot may then be cast by the voter by marking by appropriate
| ||
means the designated area of the ballot for the casting of a
| ||
vote for any candidate or for or against any public question.
| ||
The voter shall be able to vote for any and all candidates and
| ||
public measures appearing on the ballot in any legal number and
| ||
combination and the voter shall be able to delete, change or
| ||
correct his or her selections before the ballot is cast. The
| ||
voter shall be able to select candidates whose names do not
| ||
appear upon the ballot for any office by entering | ||
electronically
as many names of candidates as the voter is | ||
entitled to select
for each office.
| ||
Upon completing his or her selection of candidates or
| ||
public questions, the voter shall signify that voting has been
| ||
completed by activating the appropriate button, switch or | ||
active
area of the ballot screen associated with end of voting. | ||
Upon
activation, the voting system shall record an image of the
| ||
completed ballot, increment the proper ballot position
| ||
registers, and shall signify to the voter that the ballot has
| ||
been cast. Upon activation, the voting system shall also print
| ||
a permanent paper record of each ballot cast as defined in
| ||
Section 24C-2 of this Code. This permanent paper record shall
| ||
(i) be printed in a clear, readily readable format that can be |
easily reviewed by the voter for completeness and accuracy and | ||
(ii) either be self-contained within the voting device or be
| ||
deposited by the voter into a secure ballot box. No permanent
| ||
paper record shall be removed from the polling place except by
| ||
election officials as authorized by this Article. All permanent
| ||
paper records shall be preserved and secured by election
| ||
officials in the same manner as paper ballots and shall be
| ||
available as an official record for any recount, redundant
| ||
count, or verification or retabulation of the vote count
| ||
conducted with respect to any election in which the voting
| ||
system is used. The voter shall exit the voting station and
the | ||
voting system shall prevent any further attempt to vote
until | ||
it has been properly re-activated. If a voting device has
been | ||
enabled for voting but the voter leaves the polling place
| ||
without casting a ballot, 2 judges of election, one from each | ||
of
the 2 major political parties, shall spoil the ballot.
| ||
Throughout the election day and before the closing of the
| ||
polls, no person may check any vote totals for any candidate or
| ||
public question on the voting or counting equipment. Such
| ||
equipment shall be programmed so that no person may reset the
| ||
equipment for reentry of ballots unless provided the proper | ||
code
from an authorized representative of the election | ||
authority.
| ||
The precinct judges of election shall check the public
| ||
register to determine whether the number of ballots counted by
| ||
the voting equipment agrees with the number of voters voting as
|
shown by the applications for ballot. If the same do not agree,
| ||
the judges of election shall immediately contact the offices of
| ||
the election authority in charge of the election for further
| ||
instructions. If the number of ballots counted by the voting
| ||
equipment agrees with the number of voters voting as shown by
| ||
the application for ballot, the number shall be listed on the
| ||
"Statement of Ballots" form provided by the election authority.
| ||
The totals for all candidates and propositions shall be | ||
tabulated. One copy of an "In-Precinct Totals Report" shall be | ||
generated by the automatic tabulating equipment for return to | ||
the election authority. One copy of an "In-Precinct Totals | ||
Report" shall be generated and posted in a conspicuous place | ||
inside the polling place, provided that any authorized | ||
pollwatcher or other official authorized to be present in the | ||
polling place to observe the counting of ballots is present. | ||
The judges of election shall provide, if requested, a set for | ||
each authorized pollwatcher or other official authorized to be | ||
present in the polling place to observe the counting of | ||
ballots.
In addition, sufficient time
shall be provided by the | ||
judges of election to the pollwatchers
to allow them to copy | ||
information from the copy which has been
posted.
| ||
Until December 31, 2019 2015 , in elections at which | ||
fractional cumulative votes are cast for candidates, the | ||
tabulation of those fractional cumulative votes may be made by | ||
the election authority at its central office location, and 4 | ||
copies of a "Certificate of Results" shall be printed by the |
automatic tabulation equipment and shall be posted in 4 | ||
conspicuous places at the central office location where those | ||
fractional cumulative votes have been tabulated.
| ||
If instructed by the election authority, the judges of
| ||
election shall cause the tabulated returns to be transmitted
| ||
electronically to the offices of the election authority via
| ||
modem or other electronic medium.
| ||
The precinct judges of election shall select a bi-partisan
| ||
team of 2 judges, who shall immediately return the ballots in a
| ||
sealed container, along with all other election materials and
| ||
equipment as instructed by the election authority; provided,
| ||
however, that such container must first be sealed by the
| ||
election judges with filament tape or other approved sealing
| ||
devices provided for the purpose in a manner that the ballots
| ||
cannot be removed from the container without breaking the seal
| ||
or filament tape and disturbing any signatures affixed by the
| ||
election judges to the container. The election authority shall
| ||
keep the office of the election authority, or any receiving
| ||
stations designated by the authority, open for at least 12
| ||
consecutive hours after the polls close or until the ballots | ||
and
election material and equipment from all precincts within | ||
the
jurisdiction of the election authority have been returned | ||
to the
election authority. Ballots and election materials and
| ||
equipment returned to the office of the election authority | ||
which
are not signed and sealed as required by law shall not be
| ||
accepted by the election authority until the judges returning
|
the ballots make and sign the necessary corrections. Upon
| ||
acceptance of the ballots and election materials and equipment
| ||
by the election authority, the judges returning the ballots
| ||
shall take a receipt signed by the election authority and
| ||
stamped with the time and date of the return. The election
| ||
judges whose duty it is to return any ballots and election
| ||
materials and equipment as provided shall, in the event the
| ||
ballots, materials or equipment cannot be found when needed, on
| ||
proper request, produce the receipt which they are to take as
| ||
above provided.
| ||
(Source: P.A. 96-1549, eff. 3-10-11; 97-766, eff. 7-6-12.)
| ||
(10 ILCS 5/29-5) (from Ch. 46, par. 29-5)
| ||
Sec. 29-5. Voting more than once. Any person who, having | ||
voted once, knowingly during any election on the same election | ||
day
where the ballot or machine lists any of the same | ||
candidates and issues
listed on the ballot or machine | ||
previously used for voting by that person,
(a) files an | ||
application to vote in the same or another polling place, or
| ||
(b) accepts a ballot or enters a voting machine (except to | ||
legally give
assistance pursuant to the provisions of this | ||
Code), shall be guilty of a
Class 3 felony; however, if a | ||
person has delivered a ballot or ballots to
an election | ||
authority as a vote by mail voter and due to a change of
| ||
circumstances is able to and does vote in the precinct of his | ||
residence on
election day, shall not be deemed to be in |
violation of this Code.
| ||
(Source: P.A. 98-1171, eff. 6-1-15 .)
| ||
(10 ILCS 5/20-6 rep.) | ||
Section 10. The Election Code is amended by repealing | ||
Section 20-6. | ||
Section 15. The Township Code is amended by changing | ||
Section 45-20 as follows:
| ||
(60 ILCS 1/45-20)
| ||
Sec. 45-20. Caucus result; filing nomination papers; | ||
certifying candidates.
| ||
(a) The township central committee shall canvass and | ||
declare the result of
the caucus.
| ||
(b) The chairman of the township central committee shall, | ||
not more than 113
nor less than 106 days before the township | ||
election, file nomination papers as
provided in this Section. | ||
The nomination papers shall consist of (i) a
certification by | ||
the chairman of the names of all candidates for office in the
| ||
township nominated at the caucus and (ii) a statement of | ||
candidacy by each
candidate in the form prescribed in the | ||
general election law. The nomination
papers shall be filed in | ||
the office of the township clerk, except that if the
township | ||
is entirely within the corporate limits of a city, village, or
| ||
incorporated town under the jurisdiction of a board of election |
commissioners,
the nomination papers shall be filed in the | ||
office of the board of election
commissioners instead of the | ||
township clerk.
| ||
(c) The township clerk shall certify the candidates so | ||
nominated to the
proper election authorities not less than 68 | ||
61 days before the township election.
The election shall be | ||
conducted in accordance with the general election law.
| ||
(Source: P.A. 97-81, eff. 7-5-11.)
| ||
Section 20. The School Code is amended by changing Section | ||
9-10 as follows:
| ||
(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.
| ||
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. 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) .... of .... 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 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 within the time provided for
by the general election | ||
law. The county clerk or the county board of election | ||
commissioners 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 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 shall make | ||
certification to the proper election authorities
in accordance | ||
with the general election law.
| ||
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 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
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 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. 98-115, eff. 7-29-13.)
| ||
Section 99. Effective date. This Act takes effect upon |
becoming law. |