[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB0257
LRB9101104MWgc
1 AN ACT to amend the Election Code by changing Sections
2 7-43 and 7-44.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 7-43 and 7-44 as follows:
7 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
8 Sec. 7-43. Every person having resided in this State 6
9 months and in the precinct 30 days next preceding any primary
10 therein who shall be a citizen of the United States of the
11 age of 18 or more years, shall be entitled to vote at such
12 primary.
13 The following regulations shall be applicable to
14 primaries:
15 No person shall be entitled to vote at a primary:
16 (a) Unless he declares his party affiliations as
17 required by this Article.
18 (b) Who shall have signed the petition for nomination of
19 a candidate of any party with which he does not affiliate,
20 when such candidate is to be voted for at the primary.
21 (a) (c) Who shall have signed the nominating papers of
22 an independent candidate for any office for which office
23 candidates for nomination are to be voted for at such
24 primary.
25 (b) (c.5) If that person has participated in the town
26 political party caucus, under Section 45-50 of the Township
27 Code, of another political party by signing an affidavit of
28 voters attending the caucus within 45 days before the first
29 day of the calendar month in which the primary is held.
30 (d) If he has voted at a primary held under this Article
31 7 of another political party within a period of 23 calendar
-2- LRB9101104MWgc
1 months next preceding the calendar month in which such
2 primary is held: Provided, participation by a primary elector
3 in a primary of a political party which, under the provisions
4 of Section 7-2 of this Article, is a political party within a
5 city, village or incorporated town or town only and entitled
6 hereunder to make nominations of candidates for city, village
7 or incorporated town or town offices only, and for no other
8 office or offices, shall not disqualify such primary elector
9 from participating in other primaries of his party: And,
10 provided, that no qualified voter shall be precluded from
11 participating in the primary of any purely city, village or
12 incorporated town or town political party under the
13 provisions of Section 7-2 of this Article by reason of such
14 voter having voted at the primary of another political party
15 within a period of 23 calendar months next preceding the
16 calendar month in which he seeks to participate is held.
17 (c) (e) In cities, villages and incorporated towns
18 having a board of election commissioners only voters
19 registered as provided by Article 6 of this Act shall be
20 entitled to vote at such primary.
21 (d) (f) No person shall be entitled to vote at a primary
22 unless he is registered under the provisions of Articles 4, 5
23 or 6 of this Act, when his registration is required by any of
24 said Articles to entitle him to vote at the election with
25 reference to which the primary is held.
26 (Source: P.A. 89-331, eff. 8-17-95.)
27 (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
28 Sec. 7-44. (a) Any person desiring to vote at a primary
29 shall state his or her name and, residence and party
30 affiliation to the primary judges, one of whom shall
31 thereupon announce the same in a distinct tone of voice,
32 sufficiently loud to be heard by all persons in the polling
33 place. When article 4, 5 or 6 is applicable the Certificate
-3- LRB9101104MWgc
1 of Registered Voter therein prescribed shall be made and
2 signed and the official poll record shall be made. If the
3 person desiring to vote is not challenged, one of the primary
4 judges shall give to him or her one, and only one, primary
5 ballot of each of the established political parties
6 nominating candidates for office at the primary election, but
7 the voter may cast a ballot of only one political party,
8 except as otherwise provided in subsection (b) party with
9 which he declares himself affiliated, on the back of which
10 the such primary judge shall endorse his or her initials in
11 such manner that they may be seen when the primary ballot is
12 properly folded. If the person desiring to vote is challenged
13 he or she shall not receive a primary ballot from the primary
14 judges until he or she shall have established his or her
15 right to vote as hereinafter provided in this Article. No
16 person who refuses to state his party affiliation shall be
17 allowed to vote at a primary.
18 (b) A person who casts a ballot of declares his party
19 affiliation with a statewide established political party and
20 requests a primary ballot of such party may nonetheless also
21 declare his affiliation with a political party established
22 only within a political subdivision, and may also vote in the
23 primary of a such local political party established only
24 within a political subdivision on the same election day,
25 provided that the such voter may not vote in both such party
26 primaries with respect to offices of the same political
27 subdivision. However, no person casting a ballot of
28 declaring his affiliation with a statewide established
29 political party may vote in the primary of any other
30 statewide political party on the same election day. A space
31 shall be provided on the primary ballot indicating for which
32 political party the voter cast his or her votes and the voter
33 may mark the space on the ballot of only one political party
34 indicating that party, except as otherwise provided in this
-4- LRB9101104MWgc
1 Section. If the voter desires to cast his or her ballot of a
2 statewide political party and a political party established
3 only within a political subdivision, the voter may indicate
4 that choice by marking the space provided on the ballot of
5 the statewide political party and by also marking the space
6 provided on the ballot of the political party established
7 only within a political subdivision. If the voter does not
8 mark the space on the primary ballot indicating the political
9 party in which the voter cast his or her ballot, or marks
10 more than one such space, the judges of election shall count
11 only the votes of the political party in which the voter cast
12 a vote for the office nearest the top of the ballot.
13 (Source: P.A. 81-1535.)
14 Section 99. Effective date. This Act takes effect on
15 January 1, 2000.