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91_SB0938eng SB938 Engrossed SRS91S0028PMch 1 AN ACT concerning general primary elections, amending 2 named Acts. 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 2A-1.1, 2A-1.2, 4-22, 5-29, 6-66, 7-8, 7-11, 7-14, 7 7-56, 7-60, 7-61, 7-63, 8-4, 8-5, 10-14, 13-1, 13-2, 14-3.1, 8 16-5.01, 19-2, and 19-4 as follows: 9 (10 ILCS 5/2A-1.1) (from Ch. 46, par. 2A-1.1) 10 Sec. 2A-1.1. All Elections - Consolidated Schedule. (a) 11 In even-numbered years, the general election shall be held on 12 the first Tuesday after the first Monday of November; and an 13 election to be known as the general primary election shall be 14 held on the secondthirdTuesday in September; and in 15 presidential election years, an election to be known as the 16 presidential primary election shall be held on the third 17 Tuesday in MarchMarch; 18 (b) In odd-numbered years, an election to be known as 19 the consolidated election shall be held on the first Tuesday 20 in April except as provided in Section 2A-1.1a of this Act; 21 and an election to be known as the consolidated primary 22 election shall be held on the last Tuesday in February. 23 (Source: P.A. 90-358, eff. 1-1-98.) 24 (10 ILCS 5/2A-1.2) (from Ch. 46, par. 2A-1.2) 25 Sec. 2A-1.2. Consolidated Schedule of Elections - 26 Offices Designated. 27 (a) At the general election in the appropriate 28 even-numbered years, the following offices shall be filled or 29 shall be on the ballot as otherwise required by this Code: 30 (1) Elector of President and Vice President of the SB938 Engrossed -2- SRS91S0028PMch 1 United States; 2 (2) United States Senator and United States 3 Representative; 4 (3) State Executive Branch elected officers; 5 (4) State Senator and State Representative; 6 (5) County elected officers, including State's 7 Attorney, County Board member, County Commissioners, and 8 elected President of the County Board or County Chief 9 Executive; 10 (6) Circuit Court Clerk; 11 (7) Regional Superintendent of Schools, except in 12 counties or educational service regions in which that 13 office has been abolished; 14 (8) Judges of the Supreme, Appellate and Circuit 15 Courts, on the question of retention, to fill vacancies 16 and newly created judicial offices; 17 (9) (Blank); 18 (10) Trustee of the Metropolitan Sanitary District 19 of Chicago, and elected Trustee of other Sanitary 20 Districts; 21 (11) Special District elected officers, not 22 otherwise designated in this Section, where the statute 23 creating or authorizing the creation of the district 24 requires an annual election and permits or requires 25 election of candidates of political parties. 26 (b) At the general primary election: 27 (1) in each even-numbered year candidates of 28 political parties shall be nominated for those offices to 29 be filled at the general election in that year, except 30 where pursuant to law nomination of candidates of 31 political parties is made by caucus. 32 (2) in the appropriate even-numbered years the 33 political party offices of State central committeeman, 34 township committeeman, ward committeeman, and precinct SB938 Engrossed -3- SRS91S0028PMch 1 committeeman shall be filledand delegates and alternate2delegates to the National nominating conventions shall be3elected as may be required pursuant to this Code. In the4even-numbered years in which a Presidential election is5to be held, candidates in the Presidential preference6primary shall also be on the ballot. 7 (3) in each even-numbered year, where the 8 municipality has provided for annual elections to elect 9 municipal officers pursuant to Section 6(f) or Section 7 10 of Article VII of the Constitution, pursuant to the 11 Illinois Municipal Code or pursuant to the municipal 12 charter, the offices of such municipal officers shall be 13 filled at an election held on the date of the general 14 primary election, provided that the municipal election 15 shall be a nonpartisan election where required by the 16 Illinois Municipal Code. For partisan municipal 17 elections in even-numbered years, a primary to nominate 18 candidates for municipal office to be elected at the 19 general primary election shall be held on the Tuesday 6 20 weeks preceding that election. 21 (4) in each school district which has adopted the 22 provisions of Article 33 of the School Code, successors 23 to the members of the board of education whose terms 24 expire in the year in which the general primary is held 25 shall be elected. 26 (b-5) At the presidential primary election in 27 appropriate even-numbered years, delegates and alternate 28 delegates to the National nominating convention shall be 29 elected as may be required under this Code. In the 30 even-numbered years in which a Presidential election is to be 31 held, candidates in the Presidential preference primary shall 32 also be on the ballot. 33 (c) At the consolidated election in the appropriate 34 odd-numbered years, the following offices shall be filled: SB938 Engrossed -4- SRS91S0028PMch 1 (1) Municipal officers, provided that in 2 municipalities in which candidates for alderman or other 3 municipal office are not permitted by law to be 4 candidates of political parties, the runoff election 5 where required by law, or the nonpartisan election where 6 required by law, shall be held on the date of the 7 consolidated election; and provided further, in the case 8 of municipal officers provided for by an ordinance 9 providing the form of government of the municipality 10 pursuant to Section 7 of Article VII of the Constitution, 11 such offices shall be filled by election or by runoff 12 election as may be provided by such ordinance; 13 (2) Village and incorporated town library 14 directors; 15 (3) City boards of stadium commissioners; 16 (4) Commissioners of park districts; 17 (5) Trustees of public library districts; 18 (6) Special District elected officers, not 19 otherwise designated in this section, where the statute 20 creating or authorizing the creation of the district 21 permits or requires election of candidates of political 22 parties; 23 (7) Township officers, including township park 24 commissioners, township library directors, and boards of 25 managers of community buildings, and Multi-Township 26 Assessors; 27 (8) Highway commissioners and road district clerks; 28 (9) Members of school boards in school districts 29 which adopt Article 33 of the School Code; 30 (10) The directors and chairman of the Chain O 31 Lakes - Fox River Waterway Management Agency; 32 (11) Forest preserve district commissioners elected 33 under Section 3.5 of the Downstate Forest Preserve 34 District Act; SB938 Engrossed -5- SRS91S0028PMch 1 (12) Elected members of school boards, school 2 trustees, directors of boards of school directors, 3 trustees of county boards of school trustees (except in 4 counties or educational service regions having a 5 population of 2,000,000 or more inhabitants) and members 6 of boards of school inspectors, except school boards in 7 school districts that adopt Article 33 of the School 8 Code; 9 (13) Members of Community College district boards; 10 (14) Trustees of Fire Protection Districts; 11 (15) Commissioners of the Springfield Metropolitan 12 Exposition and Auditorium Authority; 13 (16) Elected Trustees of Tuberculosis Sanitarium 14 Districts; 15 (17) Elected Officers of special districts not 16 otherwise designated in this Section for which the law 17 governing those districts does not permit candidates of 18 political parties. 19 (d) At the consolidated primary election in each 20 odd-numbered year, candidates of political parties shall be 21 nominated for those offices to be filled at the consolidated 22 election in that year, except where pursuant to law 23 nomination of candidates of political parties is made by 24 caucus, and except those offices listed in paragraphs (12) 25 through (17) of subsection (c). 26 At the consolidated primary election in the appropriate 27 odd-numbered years, the mayor, clerk, treasurer, and aldermen 28 shall be elected in municipalities in which candidates for 29 mayor, clerk, treasurer, or alderman are not permitted by law 30 to be candidates of political parties, subject to runoff 31 elections to be held at the consolidated election as may be 32 required by law, and municipal officers shall be nominated in 33 a nonpartisan election in municipalities in which pursuant to 34 law candidates for such office are not permitted to be SB938 Engrossed -6- SRS91S0028PMch 1 candidates of political parties. 2 At the consolidated primary election in the appropriate 3 odd-numbered years, municipal officers shall be nominated or 4 elected, or elected subject to a runoff, as may be provided 5 by an ordinance providing a form of government of the 6 municipality pursuant to Section 7 of Article VII of the 7 Constitution. 8 (e) (Blank). 9 (f) At any election established in Section 2A-1.1, 10 public questions may be submitted to voters pursuant to this 11 Code and any special election otherwise required or 12 authorized by law or by court order may be conducted pursuant 13 to this Code. 14 Notwithstanding the regular dates for election of 15 officers established in this Article, whenever a referendum 16 is held for the establishment of a political subdivision 17 whose officers are to be elected, the initial officers shall 18 be elected at the election at which such referendum is held 19 if otherwise so provided by law. In such cases, the election 20 of the initial officers shall be subject to the referendum. 21 Notwithstanding the regular dates for election of 22 officials established in this Article, any community college 23 district which becomes effective by operation of law pursuant 24 to Section 6-6.1 of the Public Community College Act, as now 25 or hereafter amended, shall elect the initial district board 26 members at the next regularly scheduled election following 27 the effective date of the new district. 28 (g) At any election established in Section 2A-1.1, if in 29 any precinct there are no offices or public questions 30 required to be on the ballot under this Code then no election 31 shall be held in the precinct on that date. 32 (h) There may be conducted a referendum in accordance 33 with the provisions of Division 6-4 of the Counties Code. 34 (Source: P.A. 89-5, eff. 1-1-96; 89-95, eff. 1-1-96; 89-626, SB938 Engrossed -7- SRS91S0028PMch 1 eff. 8-9-96; 90-358, eff. 1-1-98.) 2 (10 ILCS 5/4-22) (from Ch. 46, par. 4-22) 3 Sec. 4-22. Except as otherwise provided in this Section 4 upon application to vote each registered elector shall sign 5 his name or make his mark as the case may be, on a 6 certificate substantially as follows: 7 CERTIFICATE OF REGISTERED VOTER 8 City of ....... Ward ....... Precinct ....... 9 Election ....... (Date) ....... (Month) ....... (Year) 10 Registration Record ....... 11 Checked by ....... 12 Voter's number .... 13 INSTRUCTION TO VOTERS 14 Sign this certificate and hand it to the election officer 15 in charge. After the registration record has been checked, 16 the officer will hand it back to you. Whereupon you shall 17 present it to the officer in charge of the ballots. 18 I hereby certify that I am registered from the address 19 below and am qualified to vote. 20 Signature of voter ....... 21 residence address ....... 22 An individual shall not be required to provide his social 23 security number when applying for a ballot. He shall not be 24 denied a ballot, nor shall his ballot be challenged, solely 25 because of his refusal to provide his social security number. 26 Nothing in this Act prevents an individual from being 27 requested to provide his social security number when the 28 individual applies for a ballot. If, however, the certificate 29 contains a space for the individual's social security number, 30 the following notice shall appear on the certificate, 31 immediately above such space, in bold-face capital letters, 32 in type the size of which equals the largest type on the 33 certificate: SB938 Engrossed -8- SRS91S0028PMch 1 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT 2 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY 3 NUMBER. HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS 4 OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER 5 REFUSAL TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER." 6 The certificates of each State-wide political party at a 7 general primary election shall be separately printed upon 8 paper of uniform quality, texture and size, but the 9 certificates of no 2 State-wide political parties shall be of 10 the same color or tint. However, if the election authority 11 provides computer generated applications with the precinct, 12 ballot style and voter's name and address preprinted on the 13 application, a single application may be used for State-wide 14 political parties if it contains spaces or check-off boxes to 15 indicate the political party. Such application shall not 16 entitle the voter to vote in the primary of more than one 17 political party at the same election. 18 At the consolidated primary, such certificates may 19 contain spaces or checkoff boxes permitting the voter to 20 request a primary ballot of any other political party which 21 is established only within a political subdivision and for 22 which a primary is conducted on the same election day. Such 23 application shall not entitle the voter to vote in both the 24 primary of the State-wide political party and the primary of 25 the local political party with respect to the offices of the 26 same political subdivision. In no event may a voter vote in 27 more than one State-wide primary on the same day. 28 The judges in charge of the precinct registration files 29 shall compare the signature upon such certificate with the 30 signature on the registration record card as a means of 31 identifying the voter. Unless satisfied by such comparison 32 that the applicant to vote is the identical person who is 33 registered under the same name, the judges shall ask such 34 applicant the questions for identification which appear on SB938 Engrossed -9- SRS91S0028PMch 1 the registration card, and if the applicant does not prove to 2 the satisfaction of a majority of the judges of the election 3 precinct that he is the identical person registered under the 4 name in question then the vote of such applicant shall be 5 challenged by a judge of election, and the same procedure 6 followed as provided by law for challenged voters. 7 In case the elector is unable to sign his name, a judge 8 of election shall check the data on the registration card and 9 shall check the address given, with the registered address, 10 in order to determine whether he is entitled to vote. 11 One of the judges of election shall check the certificate 12 of each applicant for a ballot after the registration record 13 has been examined, and shall sign his initials on the 14 certificate in the space provided therefor, and shall enter 15 upon such certificate the number of the voter in the place 16 provided therefor, and make an entry in the voting record 17 space on the registration record, to indicate whether or not 18 the applicant voted. Such judge shall then hand such 19 certificate back to the applicant in case he is permitted to 20 vote, and such applicant shall hand it to the judge of 21 election in charge of the ballots. The certificates of the 22 voters shall be filed in the order in which they are received 23 and shall constitute an official poll record. The term "poll 24 lists" and "poll books", where used in this Article, shall be 25 construed to apply to such official poll record. 26 After each general primary election the county clerk 27 shall indicate by color code or other means next to the name 28 of each registrant on the list of registered voters in each 29 precinct the primary ballot of a political party that the 30 registrant requested at that general primary election. The 31 county clerk, within 3060days after the general primary 32 election, shall provide a copy of this coded list to the 33 chairman of the county central committee of each established 34 political party or to the chairman's duly authorized SB938 Engrossed -10- SRS91S0028PMch 1 representative. 2 Within 60 days after the effective date of this 3 amendatory Act of 1983, the county clerk shall provide to the 4 chairman of the county central committee of each established 5 political party or to the chairman's duly authorized 6 representative the list of registered voters in each precinct 7 at the time of the general primary election of 1982 and shall 8 indicate on such list by color code or other means next to 9 the name of a registrant the primary ballot of a political 10 party that the registrant requested at the general primary 11 election of 1982. 12 The county clerk may charge a fee to reimburse the actual 13 cost of duplicating each copy of a list provided under 14 either of the 2 preceding paragraphs. 15 Where an elector makes application to vote by signing and 16 presenting the certificate provided by this Section, and his 17 registration record card is not found in the precinct 18 registry of voters, but his name appears as that of a 19 registered voter in such precinct upon the printed precinct 20 register as corrected or revised by the supplemental list, or 21 upon the consolidated list, if any, and whose name has not 22 been erased or withdrawn from such register, the printed 23 precinct register as corrected or revised by the supplemental 24 list, or consolidated list, if any, shall be prima facie 25 evidence of the elector's right to vote upon compliance with 26 the provisions hereinafter set forth in this Section. In 27 such event one of the judges of election shall require an 28 affidavit by such person and one voter residing in the 29 precinct before the judges of election, substantially in the 30 form prescribed in Section 17-10 of this Act, and upon the 31 presentation of such affidavits, a certificate shall be 32 issued to such elector, and upon the presentation of such 33 certificate and affidavits, he shall be entitled to vote. 34 Provided, however, that applications for ballots made by SB938 Engrossed -11- SRS91S0028PMch 1 registered voters under the provisions of Article 19 of this 2 Act shall be accepted by the Judges of Election in lieu of 3 the "Certificate of Registered Voter" provided for in this 4 Section. 5 When the county clerk delivers to the judges of election 6 for use at the polls a supplemental or consolidated list of 7 the printed precinct register, he shall give a copy of the 8 supplemental or consolidated list to the chairman of a county 9 central committee of an established political party or to the 10 chairman's duly authorized representative. 11 Whenever 2 or more elections occur simultaneously, the 12 election authority charged with the duty of providing 13 application certificates may prescribe the form thereof so 14 that a voter is required to execute only one, indicating in 15 which of the elections he desires to vote. 16 After the signature has been verified, the judges shall 17 determine in which political subdivisions the voter resides 18 by use of the information contained on the voter registration 19 cards or the separate registration lists or other means 20 approved by the State Board of Elections and prepared and 21 supplied by the election authority. The voter's certificate 22 shall be so marked by the judges as to show the respective 23 ballots which the voter is given. 24 (Source: P.A. 84-809.) 25 (10 ILCS 5/5-29) (from Ch. 46, par. 5-29) 26 Sec. 5-29. Upon application to vote, except as 27 hereinafter provided for absent electors, each registered 28 elector shall sign his name or make his mark as the case may 29 be, on a certificate substantially as follows: 30 "Certificate of Registered Voter 31 Town of................District or Precinct Number..........; 32 City of................Ward...............Precinct..........; 33 Village of................................Precinct..........; SB938 Engrossed -12- SRS91S0028PMch 1 Election..................................................... 2 (date) (month) (year) 3 Registration record 4 Checked by..................... 5 Voter's number.................. 6 Instruction to voters 7 Sign this certificate and hand it to the election officer 8 in charge. After the registration record has been checked, 9 the officer will hand it back to you. Whereupon you shall 10 present it to the officer in charge of the ballots. 11 I hereby certify that I am registered from the address 12 below and am qualified to vote. 13 Signature of voter ............... 14 Residence address ..............." 15 An individual shall not be required to provide his social 16 security number when applying for a ballot. He shall not be 17 denied a ballot, nor shall his ballot be challenged, solely 18 because of his refusal to provide his social security number. 19 Nothing in this Act prevents an individual from being 20 requested to provide his social security number when the 21 individual applies for a ballot. If, however, the certificate 22 contains a space for the individual's social security number, 23 the following notice shall appear on the certificate, 24 immediately above such space, in bold-face capital letters, 25 in type the size of which equals the largest type on the 26 certificate: 27 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT 28 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY 29 NUMBER. HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS 30 OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER 31 REFUSAL TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER." 32 Certificates as above prescribed shall be furnished by 33 the county clerk for all elections. 34 The Judges in charge of the precinct registration files SB938 Engrossed -13- SRS91S0028PMch 1 shall compare the signature upon such certificate with the 2 signature on the registration record card as a means of 3 identifying the voter. Unless satisfied by such comparison 4 that the applicant to vote is the identical person who is 5 registered under the same name, the Judges shall ask such 6 applicant the questions for identification which appear on 7 the registration card and if the applicant does not prove to 8 the satisfaction of a majority of the judges of the election 9 precinct that he is the identical person registered under the 10 name in question then the vote for such applicant shall be 11 challenged by a Judge of Election, and the same procedure 12 followed as provided by law for challenged voters. 13 In case the elector is unable to sign his name, a Judge 14 of Election shall check the data on the registration card and 15 shall check the address given, with the registered address, 16 in order to determine whether he is entitled to vote. 17 One of the Judges of election shall check the certificate 18 of each applicant for a ballot after the registration record 19 has been examined and shall sign his initials on the 20 certificate in the space provided therefor, and shall enter 21 upon such certificate the number of the voter in the place 22 provided therefor, and make an entry in the voting record 23 space on the registration record, to indicate whether or not 24 the applicant voted. Such judge shall then hand such 25 certificate back to the applicant in case he is permitted to 26 vote, and such applicant shall hand it to the judge of 27 election in charge of the ballots. The certificates of the 28 voters shall be filed in the order in which they are received 29 and shall constitute an official poll record. The term "Poll 30 Lists" and "Poll Books" where used in this article 5 shall be 31 construed to apply to such official poll records. 32 After each general primary election the county clerk 33 shall indicate by color code or other means next to the name 34 of each registrant on the list of registered voters in each SB938 Engrossed -14- SRS91S0028PMch 1 precinct the primary ballot of a political party that the 2 registrant requested at that general primary election. The 3 county clerk, within 3060days after the general primary 4 election, shall provide a copy of this coded list to the 5 chairman of the county central committee of each established 6 political party or to the chairman's duly authorized 7 representative. 8 Within 60 days after the effective date of this 9 amendatory Act of 1983, the county clerk shall provide to the 10 chairman of the county central committee of each established 11 political party or to the chairman's duly authorized 12 representative the list of registered voters in each precinct 13 at the time of the general primary election of 1982 and shall 14 indicate on such list by color code or other means next to 15 the name of a registrant the primary ballot of a political 16 party that the registrant requested at the general primary 17 election of 1982. 18 The county clerk may charge a fee to reimburse the actual 19 cost of duplicating each copy of a list provided under either 20 of the 2 preceding paragraphs. 21 Where an elector makes application to vote by signing and 22 presenting the certificate provided by this Section, and his 23 registration record card is not found in the precinct 24 registry of voters, but his name appears as that of a 25 registered voter in such precinct upon the printed precinct 26 list of voters and whose name has not been erased or 27 withdrawn from such register, it shall be the duty of one of 28 the Judges of Election to require an affidavit by such person 29 and two voters residing in the precinct before the judges of 30 election that he is the same person whose name appears upon 31 the precinct register and that he resides in the precinct 32 stating the street number of his residence. Forms for such 33 affidavit shall be supplied by the county clerk for all 34 elections. Upon the making of such affidavit and the SB938 Engrossed -15- SRS91S0028PMch 1 presentation of his certificate such elector shall be 2 entitled to vote. All affidavits made under this paragraph 3 shall be preserved and returned to the county clerk in an 4 envelope. It shall be the duty of the county clerk within 30 5 days after such election to take steps provided by Section 6 5-27 of this article 5 for the execution of new registration 7 affidavits by electors who have voted under the provisions of 8 this paragraph. 9 Provided, however, that the applications for ballots made 10 by registered voters and under the provisions of article 19 11 of this act shall be accepted by the Judges of Election in 12 lieu of the "certificate of registered voter" provided for in 13 this section. 14 When the county clerk delivers to the judges of election 15 for use at the polls a supplemental or consolidated list of 16 the printed precinct register, he shall give a copy of the 17 supplemental or consolidated list to the chairman of a county 18 central committee of an established political party or to the 19 chairman's duly authorized representative. 20 Whenever two or more elections occur simultaneously, the 21 election authority charged with the duty of providing 22 application certificates may prescribe the form thereof so 23 that a voter is required to execute only one, indicating in 24 which of the elections he desires to vote. 25 After the signature has been verified, the judges shall 26 determine in which political subdivisions the voter resides 27 by use of the information contained on the voter registration 28 cards or the separate registration lists or other means 29 approved by the State Board of Elections and prepared and 30 supplied by the election authority. The voter's certificate 31 shall be so marked by the judges as to show the respective 32 ballots which the voter is given. 33 (Source: P.A. 84-809; 84-832.) SB938 Engrossed -16- SRS91S0028PMch 1 (10 ILCS 5/6-66) (from Ch. 46, par. 6-66) 2 Sec. 6-66. Upon application to vote each registered 3 elector shall sign his name or make his mark as the case may 4 be, on a certificate substantially as follows: 5 "CERTIFICATE OF REGISTERED VOTER 6 City of ................. Ward .... Precinct .... 7 Election ...............(Date).......(Month)...........(Year) 8 Registration Record ....... Checked by ............... 9 Voter's number .... 10 INSTRUCTION TO VOTERS 11 Sign this certificate and hand it to the election 12 officers in charge. After the registration record has been 13 checked, the officer will hand it back to you. Whereupon you 14 shall present it to the officer in charge of the ballots. 15 I hereby certify that I am registered from the address 16 below and am qualified to vote. 17 Signature of voter ................ 18 Residence address ................" 19 An individual shall not be required to provide his social 20 security number when applying for a ballot. He shall not be 21 denied a ballot, nor shall his ballot be challenged, solely 22 because of his refusal to provide his social security number. 23 Nothing in this Act prevents an individual from being 24 requested to provide his social security number when the 25 individual applies for a ballot. If, however, the certificate 26 contains a space for the individual's social security number, 27 the following notice shall appear on the certificate, 28 immediately above such space, in bold-face capital letters, 29 in type the size of which equals the largest type on the 30 certificate: 31 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT 32 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY 33 NUMBER. HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS 34 OR HER BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER SB938 Engrossed -17- SRS91S0028PMch 1 REFUSAL TO PROVIDE HIS OR HER SOCIAL SECURITY NUMBER." 2 The applications of each State-wide political party at a 3 primary election shall be separately printed upon paper of 4 uniform quality, texture and size, but the applications of no 5 2 State-wide political parties shall be of the same color or 6 tint. If the election authority provides computer generated 7 applications with the precinct, ballot style, and voter's 8 name and address preprinted on the application, a single 9 application may be used for State-wide political parties if 10 it contains spaces or check-off boxes to indicate the 11 political party. Such applications may contain spaces or 12 check-off boxes permitting the voter to also request a 13 primary ballot of any political party which is established 14 only within a political subdivision and for which a primary 15 is conducted on the same election day. Such applications 16 shall not entitle the voter to vote in both the primary of a 17 State-wide political party and the primary of a local 18 political party with respect to the offices of the same 19 political subdivision or to vote in the primary of more than 20 one State-wide political party on the same day. 21 The judges in charge of the precinct registration files 22 shall compare the signature upon such certificate with the 23 signature on the registration record card as a means of 24 identifying the voter. Unless satisfied by such comparison 25 that the applicant to vote is the identical person who is 26 registered under the same name, the judges shall ask such 27 applicant the questions for identification which appear on 28 the registration card, and if the applicant does not prove to 29 the satisfaction of a majority of the judges of the election 30 precinct that he is the identical person registered under the 31 name in question then the vote of such applicant shall be 32 challenged by a judge of election, and the same procedure 33 followed as provided in this Article and Act for challenged 34 voters. SB938 Engrossed -18- SRS91S0028PMch 1 In case the elector is unable to sign his name, a judge 2 of election shall check the data on the registration card and 3 shall check the address given, with the registered address, 4 in order to determine whether he is entitled to vote. 5 One of the judges of election shall check the certificate 6 of such applicant for a ballot after the registration record 7 has been examined, and shall sign his initials on the 8 certificate in the space provided therefor, and shall enter 9 upon such certificate the number of the voter in the place 10 provided therefor, and make an entry in the voting record 11 space on the registration record, to indicate whether or not 12 the applicant voted. Such judge shall then hand such 13 certificate back to the applicant in case he is permitted to 14 vote, and such applicant shall hand it to the judge of 15 election in charge of the ballots. The certificates of the 16 voters shall be filed in the order in which they are received 17 and shall constitute an official poll record. The terms "poll 18 lists" and "poll books", where used in this Article and Act, 19 shall be construed to apply to such official poll record. 20 After each general primary election the board of election 21 commissioners shall indicate by color code or other means 22 next to the name of each registrant on the list of registered 23 voters in each precinct the primary ballot of a political 24 party that the registrant requested at the general primary 25 election. The board of election commissioners, within 306026 days after that general primary election, shall provide a 27 copy of this coded list to the chairman of the county central 28 committee of each established political party or to the 29 chairman's duly authorized representative. 30 Within 60 days after the effective date of this 31 amendatory Act of 1983, the board of election commissioners 32 shall provide to the chairman of the county central committee 33 of each established political party or to the chairman's duly 34 authorized representative the list of registered voters in SB938 Engrossed -19- SRS91S0028PMch 1 each precinct at the time of the general primary election of 2 1982 and shall indicate on such list by color code or other 3 means next to the name of a registrant the primary ballot of 4 a political party that the registrant requested at the 5 general primary election of 1982. 6 The board of election commissioners may charge a fee to 7 reimburse the actual cost of duplicating each copy of a list 8 provided under either of the 2 preceding paragraphs. 9 Where an elector makes application to vote by signing and 10 presenting the certificate provided by this Section, and his 11 registration card is not found in the precinct registry of 12 voters, but his name appears as that of a registered voter in 13 such precinct upon the printed precinct register as corrected 14 or revised by the supplemental list, or upon the consolidated 15 list, if any provided by this Article and whose name has not 16 been erased or withdrawn from such register, the printed 17 precinct register as corrected or revised by the supplemental 18 list, or consolidated list, if any, shall be prima facie 19 evidence of the elector's right to vote upon compliance with 20 the provisions hereinafter set forth in this Section. In such 21 event it shall be the duty of one of the judges of election 22 to require an affidavit by such person and 2 voters residing 23 in the precinct before the judges of election that he is the 24 same person whose name appears upon the printed precinct 25 register as corrected or revised by the supplemental list, or 26 consolidated list, if any, and that he resides in the 27 precinct, stating the street and number of his residence, and 28 upon the presentation of such affidavits, a certificate shall 29 be issued to such elector, and upon the presentation of such 30 certificate and affidavits, he shall be entitled to vote. Any 31 elector whose name does not appear as a registered voter on 32 the printed precinct register or supplemental list but who 33 has a certificate issued by the board of election 34 commissioners as provided in Section 6-43 of this Article, SB938 Engrossed -20- SRS91S0028PMch 1 shall be entitled to vote upon the presentation of such 2 certificate accompanied by the affidavits of 2 voters 3 residing in the precinct that the elector is the same person 4 described in such certificate and that he resides in the 5 precinct, stating the street and number of his residence. 6 Forms for all affidavits required hereunder shall be supplied 7 by the board of election commissioners. All affidavits made 8 under this paragraph shall be preserved and returned to the 9 board of election commissioners in the manner provided by 10 this Article and Article 18 of this Act. It shall be the duty 11 of the board of election commissioners, within 30 days after 12 such election, to take the steps provided by Section 6-64 of 13 this Article for the execution of new registration affidavits 14 by electors who have voted under the provisions of this 15 paragraph. 16 When the board of election commissioners delivers to the 17 judges of election for use at the polls a supplemental or 18 consolidated list of the printed precinct register, it shall 19 give a copy of the supplemental or consolidated list to the 20 chairman of a county central committee of an established 21 political party or to the chairman's duly authorized 22 representative. 23 Whenever 2 or more elections occur simultaneously, the 24 election official or officials charged with the duty of 25 providing application certificates may prescribe the form 26 thereof so that a voter is required to execute only one, 27 indicating in which of the elections he desires to vote. 28 After the signature has been verified, the judges shall 29 determine in which political subdivisions the voter resides 30 by use of the information contained on the voter registration 31 cards or the separate registration lists or other means 32 approved by the State Board of Elections and prepared and 33 supplied by the election authority. The voter's certificate 34 shall be so marked by the judges as to show the respective SB938 Engrossed -21- SRS91S0028PMch 1 ballots which the voter is given. 2 (Source: P.A. 84-809.) 3 (10 ILCS 5/7-8) (from Ch. 46, par. 7-8) 4 Sec. 7-8. The State central committee shall be composed 5 of one or two members from each congressional district in the 6 State and shall be elected as follows: 7 State Central Committee 8 (a) Within 30 days after the effective date of this 9 amendatory Act of 1983 the State central committee of each 10 political party shall certify to the State Board of Elections 11 which of the following alternatives it wishes to apply to the 12 State central committee of that party. 13 Alternative A. At the general primary heldon the third14TuesdayinMarch1970, andat the primary heldevery 4 years 15 thereafter, each primary elector may vote for one candidate 16 of his party for member of the State central committee for 17 the congressional district in which he resides. The 18 candidate receiving the highest number of votes shall be 19 declared elected State central committeeman from the 20 district. A political party may, in lieu of the foregoing, by 21 a majority vote of delegates at any State convention of such 22 party, determine to thereafter elect the State central 23 committeemen in the manner following: 24 At the county convention held by such political party 25 State central committeemen shall be elected in the same 26 manner as provided in this Article for the election of 27 officers of the county central committee, and such election 28 shall follow the election of officers of the county central 29 committee. Each elected ward, township or precinct 30 committeeman shall cast as his vote one vote for each ballot 31 voted in his ward, township, part of a township or precinct 32 in the last preceding primary election of his political 33 party. In the case of a county lying partially within one SB938 Engrossed -22- SRS91S0028PMch 1 congressional district and partially within another 2 congressional district, each ward, township or precinct 3 committeeman shall vote only with respect to the 4 congressional district in which his ward, township, part of a 5 township or precinct is located. In the case of a 6 congressional district which encompasses more than one 7 county, each ward, township or precinct committeeman residing 8 within the congressional district shall cast as his vote one 9 vote for each ballot voted in his ward, township, part of a 10 township or precinct in the last preceding primary election 11 of his political party for one candidate of his party for 12 member of the State central committee for the congressional 13 district in which he resides and the Chairman of the county 14 central committee shall report the results of the election to 15 the State Board of Elections. The State Board of Elections 16 shall certify the candidate receiving the highest number of 17 votes elected State central committeeman for that 18 congressional district. 19 The State central committee shall adopt rules to provide 20 for and govern the procedures to be followed in the election 21 of members of the State central committee. 22 Alternative B. Each congressional committee shall, 23 within 30 days after the adoption of this alternative, 24 appoint a person of the sex opposite that of the incumbent 25 member for that congressional district to serve as an 26 additional member of the State central committee until his or 27 her successor is elected at the general primary election in 28 1986. Each congressional committee shall make this 29 appointment by voting on the basis set forth in paragraph (e) 30 of this Section. In each congressional district at the 31 general primary election held in 1986 and every 4 years 32 thereafter, the male candidate receiving the highest number 33 of votes of the party's male candidates for State central 34 committeeman, and the female candidate receiving the highest SB938 Engrossed -23- SRS91S0028PMch 1 number of votes of the party's female candidates for State 2 central committeewoman, shall be declared elected State 3 central committeeman and State central committeewoman from 4 the district. At the general primary election held in 1986 5 and every 4 years thereafter, if all a party's candidates for 6 State central committeemen or State central committeewomen 7 from a congressional district are of the same sex, the 8 candidate receiving the highest number of votes shall be 9 declared elected a State central committeeman or State 10 central committeewoman from the district, and, because of a 11 failure to elect one male and one female to the committee, a 12 vacancy shall be declared to exist in the office of the 13 second member of the State central committee from the 14 district. This vacancy shall be filled by appointment by the 15 congressional committee of the political party, and the 16 person appointed to fill the vacancy shall be a resident of 17 the congressional district and of the sex opposite that of 18 the committeeman or committeewoman elected at the general 19 primary election. Each congressional committee shall make 20 this appointment by voting on the basis set forth in 21 paragraph (e) of this Section. 22 Under both of the foregoing alternatives, the State 23 central committee of each political party shall be composed 24 of members elected or appointed from the several 25 congressional districts of the State, and of no other person 26 or persons whomsoever. The members of the State central 27 committee shall, within 30 days after each quadrennial 28 election of the full committee, meet in the city of 29 Springfield and organize by electing from among their own 30 number a chairman, and may at such time elect such officers 31 from among their own number (or otherwise), as they may deem 32 necessary or expedient. The outgoing chairman of the State 33 central committee of the party shall, 10 days before the 34 meeting, notify each member of the State central committee SB938 Engrossed -24- SRS91S0028PMch 1 elected at the primary of the time and place of such meeting. 2 In the organization and proceedings of the State central 3 committee, each State central committeeman and State central 4 committeewoman shall have one vote for each ballot voted in 5 his or her congressional district by the primary electors of 6 his or her party at the primary election immediately 7 preceding the meeting of the State central committee. 8 Whenever a vacancy occurs in the State central committee of 9 any political party, the vacancy shall be filled by 10 appointment of the chairmen of the county central committees 11 of the political party of the counties located within the 12 congressional district in which the vacancy occurs and, if 13 applicable, the ward and township committeemen of the 14 political party in counties of 2,000,000 or more inhabitants 15 located within the congressional district. If the 16 congressional district in which the vacancy occurs lies 17 wholly within a county of 2,000,000 or more inhabitants, the 18 ward and township committeemen of the political party in that 19 congressional district shall vote to fill the vacancy. In 20 voting to fill the vacancy, each chairman of a county central 21 committee and each ward and township committeeman in counties 22 of 2,000,000 or more inhabitants shall have one vote for each 23 ballot voted in each precinct of the congressional district 24 in which the vacancy exists of his or her county, township, 25 or ward cast by the primary electors of his or her party at 26 the primary election immediately preceding the meeting to 27 fill the vacancy in the State central committee. The person 28 appointed to fill the vacancy shall be a resident of the 29 congressional district in which the vacancy occurs, shall be 30 a qualified voter, and, in a committee composed as provided 31 in Alternative B, shall be of the same sex as his or her 32 predecessor. A political party may, by a majority vote of the 33 delegates of any State convention of such party, determine to 34 return to the election of State central committeeman and SB938 Engrossed -25- SRS91S0028PMch 1 State central committeewoman by the vote of primary electors. 2 Any action taken by a political party at a State convention 3 in accordance with this Section shall be reported to the 4 State Board of Elections by the chairman and secretary of 5 such convention within 10 days after such action. 6 Ward, Township and Precinct Committeemen 7 (b) At the general primaryheld on the third Tuesdayin 8March,1972, and every 4 years thereafter, each primary 9 elector in cities having a population of 200,000 or over may 10 vote for one candidate of his party in his ward for ward 11 committeeman. Each candidate for ward committeeman must be a 12 resident of and in the ward where he seeks to be elected ward 13 committeeman. The one having the highest number of votes 14 shall be such ward committeeman of such party for such ward. 15 At the general primary electionheld on the third Tuesdayin 16March,1970, and every 4 years thereafter, each primary 17 elector in counties containing a population of 2,000,000 or 18 more, outside of cities containing a population of 200,000 or 19 more, may vote for one candidate of his party for township 20 committeeman. Each candidate for township committeeman must 21 be a resident of and in the township or part of a township 22 (which lies outside of a city having a population of 200,000 23 or more, in counties containing a population of 2,000,000 or 24 more), and in which township or part of a township he seeks 25 to be elected township committeeman. The one having the 26 highest number of votes shall be such township committeeman 27 of such party for such township or part of a township. At the 28 general primary electionheld on the third TuesdayinMarch,29 1970 and every 2 years thereafter, each primary elector, 30 except in counties having a population of 2,000,000 or over, 31 may vote for one candidate of his party in his precinct for 32 precinct committeeman. Each candidate for precinct 33 committeeman must be a bona fide resident of the precinct 34 where he seeks to be elected precinct committeeman. The one SB938 Engrossed -26- SRS91S0028PMch 1 having the highest number of votes shall be such precinct 2 committeeman of such party for such precinct. The official 3 returns of the primary shall show the name of the 4 committeeman of each political party. 5 Terms of Committeemen. All precinct committeemen elected 6 under the provisions of this Article shall continue as such 7 committeemen until the date of the primary to be held in the 8 second year after their election. Except as otherwise 9 provided in this Section for certain State central 10 committeemen who have 2 year terms, all State central 11 committeemen, township committeemen and ward committeemen 12 shall continue as such committeemen until the date of primary 13 to be held in the fourth year after their election. However, 14 a vacancy exists in the office of precinct committeeman when 15 a precinct committeeman ceases to reside in the precinct in 16 which he was elected and such precinct committeeman shall 17 thereafter neither have nor exercise any rights, powers or 18 duties as committeeman in that precinct, even if a successor 19 has not been elected or appointed. 20 (c) The Multi-Township Central Committee shall consist 21 of the precinct committeemen of such party, in the 22 multi-township assessing district formed pursuant to Section 23 2-10 of the Property Tax Code and shall be organized for the 24 purposes set forth in Section 45-25 of the Township Code. In 25 the organization and proceedings of the Multi-Township 26 Central Committee each precinct committeeman shall have one 27 vote for each ballot voted in his precinct by the primary 28 electors of his party at the primary at which he was elected. 29 County Central Committee 30 (d) The county central committee of each political party 31 in each county shall consist of the various township 32 committeemen, precinct committeemen and ward committeemen, if 33 any, of such party in the county. In the organization and 34 proceedings of the county central committee, each precinct SB938 Engrossed -27- SRS91S0028PMch 1 committeeman shall have one vote for each ballot voted in his 2 precinct by the primary electors of his party at the primary 3 at which he was elected; each township committeeman shall 4 have one vote for each ballot voted in his township or part 5 of a township as the case may be by the primary electors of 6 his party at the primary election for the nomination of 7 candidates for election to the General Assembly immediately 8 preceding the meeting of the county central committee; and in 9 the organization and proceedings of the county central 10 committee, each ward committeeman shall have one vote for 11 each ballot voted in his ward by the primary electors of his 12 party at the primary election for the nomination of 13 candidates for election to the General Assembly immediately 14 preceding the meeting of the county central committee. 15 Congressional Committee 16 (e) The congressional committee of each party in each 17 congressional district shall be composed of the chairmen of 18 the county central committees of the counties composing the 19 congressional district, except that in congressional 20 districts wholly within the territorial limits of one county, 21 or partly within 2 or more counties, but not coterminous with 22 the county lines of all of such counties, the precinct 23 committeemen, township committeemen and ward committeemen, if 24 any, of the party representing the precincts within the 25 limits of the congressional district, shall compose the 26 congressional committee. A State central committeeman in each 27 district shall be a member and the chairman or, when a 28 district has 2 State central committeemen, a co-chairman of 29 the congressional committee, but shall not have the right to 30 vote except in case of a tie. 31 In the organization and proceedings of congressional 32 committees composed of precinct committeemen or township 33 committeemen or ward committeemen, or any combination 34 thereof, each precinct committeeman shall have one vote for SB938 Engrossed -28- SRS91S0028PMch 1 each ballot voted in his precinct by the primary electors of 2 his party at the primary at which he was elected, each 3 township committeeman shall have one vote for each ballot 4 voted in his township or part of a township as the case may 5 be by the primary electors of his party at the primary 6 election immediately preceding the meeting of the 7 congressional committee, and each ward committeeman shall 8 have one vote for each ballot voted in each precinct of his 9 ward located in such congressional district by the primary 10 electors of his party at the primary election immediately 11 preceding the meeting of the congressional committee; and in 12 the organization and proceedings of congressional committees 13 composed of the chairmen of the county central committees of 14 the counties within such district, each chairman of such 15 county central committee shall have one vote for each ballot 16 voted in his county by the primary electors of his party at 17 the primary election immediately preceding the meeting of the 18 congressional committee. 19 Judicial District Committee 20 (f) The judicial district committee of each political 21 party in each judicial district shall be composed of the 22 chairman of the county central committees of the counties 23 composing the judicial district. 24 In the organization and proceedings of judicial district 25 committees composed of the chairmen of the county central 26 committees of the counties within such district, each 27 chairman of such county central committee shall have one vote 28 for each ballot voted in his county by the primary electors 29 of his party at the primary election immediately preceding 30 the meeting of the judicial district committee. 31 Circuit Court Committee 32 (g) The circuit court committee of each political party 33 in each judicial circuit outside Cook County shall be 34 composed of the chairmen of the county central committees of SB938 Engrossed -29- SRS91S0028PMch 1 the counties composing the judicial circuit. 2 In the organization and proceedings of circuit court 3 committees, each chairman of a county central committee shall 4 have one vote for each ballot voted in his county by the 5 primary electors of his party at the primary election 6 immediately preceding the meeting of the circuit court 7 committee. 8 Judicial Subcircuit Committee 9 (g-1) The judicial subcircuit committee of each 10 political party in each judicial subcircuit in Cook County 11 shall be composed of the ward and township committeemen of 12 the townships and wards composing the judicial subcircuit. 13 In the organization and proceedings of each judicial 14 subcircuit committee, each township committeeman shall have 15 one vote for each ballot voted in his township or part of a 16 township, as the case may be, in the judicial subcircuit by 17 the primary electors of his party at the primary election 18 immediately preceding the meeting of the judicial subcircuit 19 committee; and each ward committeeman shall have one vote for 20 each ballot voted in his ward or part of a ward, as the case 21 may be, in the judicial subcircuit by the primary electors of 22 his party at the primary election immediately preceding the 23 meeting of the judicial subcircuit committee. 24 Municipal Central Committee 25 (h) The municipal central committee of each political 26 party shall be composed of the precinct, township or ward 27 committeemen, as the case may be, of such party representing 28 the precincts or wards, embraced in such city, incorporated 29 town or village. The voting strength of each precinct, 30 township or ward committeeman on the municipal central 31 committee shall be the same as his voting strength on the 32 county central committee. 33 For political parties, other than a statewide political 34 party, established only within a municipality or township, SB938 Engrossed -30- SRS91S0028PMch 1 the municipal or township managing committee shall be 2 composed of the party officers of the local established 3 party. The party officers of a local established party shall 4 be as follows: the chairman and secretary of the caucus for 5 those municipalities and townships authorized by statute to 6 nominate candidates by caucus shall serve as party officers 7 for the purpose of filling vacancies in nomination under 8 Section 7-61; for municipalities and townships authorized by 9 statute or ordinance to nominate candidates by petition and 10 primary election, the party officers shall be the party's 11 candidates who are nominated at the primary. If no party 12 primary was held because of the provisions of Section 7-5, 13 vacancies in nomination shall be filled by the party's 14 remaining candidates who shall serve as the party's officers. 15 Powers 16 (i) Each committee and its officers shall have the 17 powers usually exercised by such committees and by the 18 officers thereof, not inconsistent with the provisions of 19 this Article. The several committees herein provided for 20 shall not have power to delegate any of their powers, or 21 functions to any other person, officer or committee, but this 22 shall not be construed to prevent a committee from appointing 23 from its own membership proper and necessary subcommittees. 24 (j) The State central committee of a political party 25 which elects it members by Alternative B under paragraph (a) 26 of this Section shall adopt a plan to give effect to the 27 delegate selection rules of the national political party and 28 file a copy of such plan with the State Board of Elections 29 when approved by a national political party. 30 (k) For the purpose of the designation of a proxy by a 31 Congressional Committee to vote in place of an absent State 32 central committeeman or committeewoman at meetings of the 33 State central committee of a political party which elects its 34 members by Alternative B under paragraph (a) of this Section, SB938 Engrossed -31- SRS91S0028PMch 1 the proxy shall be appointed by the vote of the ward and 2 township committeemen, if any, of the wards and townships 3 which lie entirely or partially within the Congressional 4 District from which the absent State central committeeman or 5 committeewoman was elected and the vote of the chairmen of 6 the county central committees of those counties which lie 7 entirely or partially within that Congressional District and 8 in which there are no ward or township committeemen. When 9 voting for such proxy the county chairman, ward committeeman 10 or township committeeman, as the case may be shall have one 11 vote for each ballot voted in his county, ward or township, 12 or portion thereof within the Congressional District, by the 13 primary electors of his party at the primary at which he was 14 elected. However, the absent State central committeeman or 15 committeewoman may designate a proxy when permitted by the 16 rules of a political party which elects its members by 17 Alternative B under paragraph (a) of this Section. 18 (Source: P.A. 90-627, eff. 7-10-98.) 19 (10 ILCS 5/7-11) (from Ch. 46, par. 7-11) 20 Sec. 7-11. Any candidate for President of the United 21 States may have his name printed upon the primary ballot of 22 his political party by filing in the office of the State 23 Board of Elections not more than 99 and not less than 92 days 24 prior to the date of the presidentialgeneralprimary 25 election, in any year in which a Presidential election is to 26 be held, a petition signed by not less than 3000 or more than 27 5000 primary electors, members of and affiliated with the 28 party of which he is a candidate, and no candidate for 29 President of the United States, who fails to comply with the 30 provisions of this Article shall have his name printed upon 31 any primary ballot: Provided, however, that if the rules or 32 policies of a national political party conflict with such 33 requirements for filing petitions for President of the United SB938 Engrossed -32- SRS91S0028PMch 1 States in a presidential preference primary, the Chairman of 2 the State central committee of such national political party 3 shall notify the State Board of Elections in writing, citing 4 by reference the rules or policies of the national political 5 party in conflict, and in such case the Board shall direct 6 such petitions to be filed not more than 69 and not less than 7 62 days prior to the date of the presidentialgeneralprimary 8 election, in any year in which a Presidential election is to 9 be held. Provided, further, unless rules or policies of a 10 national political party otherwise provide, the vote for 11 President of the United States, as herein provided for, shall 12 be for the sole purpose of securing an expression of the 13 sentiment and will of the party voters with respect to 14 candidates for nomination for said office, and the vote of 15 the state at large shall be taken and considered as advisory 16 to the delegates and alternates at large to the national 17 conventions of respective political parties; and the vote of 18 the respective congressional districts shall be taken and 19 considered as advisory to the delegates and alternates of 20 said congressional districts to the national conventions of 21 the respective political parties. 22 (Source: P.A. 86-873; 86-1089.) 23 (10 ILCS 5/7-14) (from Ch. 46, par. 7-14) 24 Sec. 7-14. Not less than 61 days before the date of the 25 general primary and the presidential primary election the 26 State Board of Elections shall meet and shall examine all 27 petitions filed under this Article 7, in the office of the 28 State Board of Elections. The State Board of Elections shall 29 then certify to the county clerk of each county, the names of 30 all candidates whose nomination papers or certificates of 31 nomination have been filed with the Board and direct the 32 county clerk to place upon the official ballot for the 33 general primary election or the presidential primary election SB938 Engrossed -33- SRS91S0028PMch 1 the names of such candidates in the same manner and in the 2 same order as shown upon the certification. 3 The State Board of Elections shall, in its certificate to 4 the county clerk, certify the names of the offices, and the 5 names of the candidates in the order in which the offices and 6 names shall appear upon the primary ballot; such names to 7 appear in the order in which petitions have been filed in the 8 office of the State Board of Elections except as otherwise 9 provided in this Article. 10 Not less than 55 days before the date of the general 11 primary and the presidential primary election, each county 12 clerk shall certify the names of all candidates whose 13 nomination papers have been filed with such clerk and declare 14 that the names of such candidates for the respective offices 15 shall be placed upon the official ballot for the general or 16 presidential primary in the order in which such nomination 17 papers were filed with the clerk, or as determined by lot, or 18 as otherwise specified by statute. Each county clerk shall 19 place a copy of the certification on file in his or her 20 office and at the same time issue to the board of election 21 commissioners a copy of the certification that has been filed 22 in the county clerk's office, together with a copy of the 23 certification that has been issued to the clerk by the State 24 Board of Elections, with directions to the board of election 25 commissioners to place upon the official ballot for the 26 general or presidential primary in that election jurisdiction 27 the names of all candidates that are listed on such 28 certification in the same manner and in the same order as 29 shown upon such certifications. 30 The certification shall indicate, where applicable, the 31 following: 32 (1) The political party affiliation of the candidates 33 for the respective offices; 34 (2) If there is to be more than one candidate elected or SB938 Engrossed -34- SRS91S0028PMch 1 nominated to an office from the State, political subdivision 2 or district; 3 (3) If the voter has the right to vote for more than one 4 candidate for an office; 5 (4) The term of office, if a vacancy is to be filled for 6 less than a full term or if the offices to be filled in a 7 political subdivision or district are for different terms. 8 The State Board of Elections or the county clerk, as the 9 case may be, shall issue an amended certification whenever it 10 is discovered that the original certification is in error. 11 Subject to appeal, the names of candidates whose 12 nomination papers have been held invalid by the appropriate 13 electoral board provided in Section 10-9 of this Code shall 14 not be certified. 15 (Source: P.A. 86-867.) 16 (10 ILCS 5/7-56) (from Ch. 46, par. 7-56) 17 Sec. 7-56. As soon as complete returns are delivered to 18 the proper election authority, the returns shall be canvassed 19 for all primary elections as follows: 20 1. In the case of the nomination of candidates for city 21 offices, by the mayor, the city attorney and the city clerk. 22 2. In the case of nomination of candidates for village 23 offices, by the president of the board of trustees, one 24 member of the board of trustees, and the village clerk. 25 3. In the case of nomination of candidates for township 26 offices, by the town supervisor, the town assessor and the 27 town clerk; in the case of nomination of candidates for 28 incorporated town offices, by the corporate authorities of 29 the incorporated town. 30 3.5. For multi-township assessment districts, by the 31 chairman, clerk, and assessor of the multi-township 32 assessment district. 33 4. For road district offices, by the highway SB938 Engrossed -35- SRS91S0028PMch 1 commissioner and the road district clerk. 2 5. The officers who are charged by law with the duty of 3 canvassing returns of general elections made to the county 4 clerk, shall also open and canvass the returns of a primary 5 made to such county clerk. The canvass shall be completed 6 within 3 days of the primary. Upon the completion of the 7 canvass of the returns by the county canvassing board, said 8 canvassing board shall make a tabulated statement of the 9 returns for each political party separately, stating in 10 appropriate columns and under proper headings, the total 11 number of votes cast in said county for each candidate for 12 nomination by said party, including candidates for President 13 of the United States and for State central committeemen, and 14 for delegates and alternate delegates to National nominating 15 conventions, and for precinct committeemen, township 16 committeemen, and for ward committeemen. Within two (2) days 17 after the completion of said canvass by said canvassing board 18 the county clerk shall mail to the State Board of Elections a 19 certified copy of such tabulated statement of returns. 20 Provided, however, that the number of votes cast for the 21 nomination for offices, the certificates of election for 22 which offices, under this Act or any other laws are issued by 23 the county clerk shall not be included in such certified copy 24 of said tabulated statement of returns, nor shall the returns 25 on the election of precinct, township or ward committeemen be 26 so certified to the State Board of Elections. The said 27 officers shall also determine and set down as to each 28 precinct the number of ballots voted by the primary electors 29 of each party at the primary. 30 6. In the case of the nomination of candidates for 31 offices, including President of the United States and the 32 State central committeemen, and delegates and alternate 33 delegates to National nominating conventions, certified 34 tabulated statement of returns for which are filed with the SB938 Engrossed -36- SRS91S0028PMch 1 State Board of Elections, said returns shall be canvassed by 2 the board. And, provided, further, that within 5 days after 3 said returns shall be canvassed by the said Board, the Board 4 shall cause to be published in one daily newspaper of general 5 circulation at the seat of the State government in 6 Springfield a certified statement of the returns filed in its 7 office, showing the total vote cast in the State for each 8 candidate of each political party for President of the United 9 States, and showing the total vote for each candidate of each 10 political party for President of the United States, cast in 11 each of the several congressional districts in the State. 12 7. Where in cities or villages which have a board of 13 election commissioners, the returns of a primary are made to 14 such board of election commissioners, said return shall be 15 canvassed by such board, and, excepting in the case of the 16 nomination for any municipal office, tabulated statements of 17 the returns of such primary shall be made to the county 18 clerk. 19 8. Within 48 hours of the delivery of complete returns 20 of the consolidated primary to the election authority, the 21 election authority shall deliver an original certificate of 22 results to each local election official, with respect to 23 whose political subdivisions nominations were made at such 24 primary, for each precinct in his jurisdiction in which such 25 nominations were on the ballot. Such original certificate of 26 results need not include any offices or nominations for any 27 other political subdivisions. The local election official 28 shall immediately transmit the certificates to the canvassing 29 board for his political subdivisions, which shall open and 30 canvass the returns, make a tabulated statement of the 31 returns for each political party separately, and as nearly as 32 possible, follow the procedures required for the county 33 canvassing board. Such canvass of votes shall be conducted 34 within 7 days after the close of the consolidated primary. SB938 Engrossed -37- SRS91S0028PMch 1 (Source: P.A. 87-1052.) 2 (10 ILCS 5/7-60) (from Ch. 46, par. 7-60) 3 Sec. 7-60. Not less than 3567days before the date of 4 the general election, the State Board of Elections shall 5 certify to the county clerks the names of each of the 6 candidates who have been nominated as shown by the 7 proclamation of the State Board of Elections as a canvassing 8 board or who have been nominated to fill a vacancy in 9 nomination and direct the election authority to place upon 10 the official ballot for the general election the names of 11 such candidates in the same manner and in the same order as 12 shown upon the certification, except as otherwise provided in 13 this Section. 14 Not less than 3061days before the date of the general 15 election, each county clerk shall certify the names of each 16 of the candidates for county offices who have been nominated 17 as shown by the proclamation of the county canvassing board 18 or who have been nominated to fill a vacancy in nomination 19 and declare that the names of such candidates for the 20 respective offices shall be placed upon the official ballot 21 for the general election in the same manner and in the same 22 order as shown upon the certification, except as otherwise 23 provided by this Section. Each county clerk shall place a 24 copy of the certification on file in his or her office and at 25 the same time issue to the State Board of Elections a copy of 26 such certification. In addition, each county clerk in whose 27 county there is a board of election commissioners shall, not 28 less than 3061days before the date of the general election, 29 issue to such board a copy of the certification that has been 30 filed in the county clerk's office, together with a copy of 31 the certification that has been issued to the clerk by the 32 State Board of Elections, with directions to the board of 33 election commissioners to place upon the official ballot for SB938 Engrossed -38- SRS91S0028PMch 1 the general election in that election jurisdiction the names 2 of all candidates that are listed on such certifications, in 3 the same manner and in the same order as shown upon such 4 certifications, except as otherwise provided in this Section. 5 Whenever there are two or more persons nominated by the 6 same political party for multiple offices for any board, the 7 name of the candidate of such party receiving the highest 8 number of votes in the primary election as a candidate for 9 such office, as shown by the official election returns of the 10 primary, shall be certified first under the name of such 11 offices, and the names of the remaining candidates of such 12 party for such offices shall follow in the order of the 13 number of votes received by them respectively at the primary 14 election as shown by the official election results. 15 No person who is shown by the canvassing board's 16 proclamation to have been nominated at the primary as a 17 write-in candidate shall have his or her name certified 18 unless such person shall have filed with the certifying 19 office or board within 510days after the canvassing board's 20 proclamation a statement of candidacy pursuant to Section 21 7-10 and a statement pursuant to Section 7-10.1. 22 Each county clerk and board of election commissioners 23 shall determine by a fair and impartial method of random 24 selection the order of placement of established political 25 party candidates for the general election ballot. Such 26 determination shall be made within 1530days following the 27 canvass and proclamation of the results of the general 28 primary in the office of the county clerk or board of 29 election commissioners and shall be open to the public. Seven 30 days written notice of the time and place of conducting such 31 random selection shall be given, by each such election 32 authority, to the County Chairman of each established 33 political party, and to each organization of citizens within 34 the election jurisdiction which was entitled, under this SB938 Engrossed -39- SRS91S0028PMch 1 Article, at the next preceding election, to have pollwatchers 2 present on the day of election. Each election authority 3 shall post in a conspicuous, open and public place, at the 4 entrance of the election authority office, notice of the time 5 and place of such lottery. However, a board of election 6 commissioners may elect to place established political party 7 candidates on the general election ballot in the same order 8 determined by the county clerk of the county in which the 9 city under the jurisdiction of such board is located. 10 Each certification shall indicate, where applicable, the 11 following: 12 (1) The political party affiliation of the candidates 13 for the respective offices; 14 (2) If there is to be more than one candidate elected to 15 an office from the State, political subdivision or district; 16 (3) If the voter has the right to vote for more than one 17 candidate for an office; 18 (4) The term of office, if a vacancy is to be filled for 19 less than a full term or if the offices to be filled in a 20 political subdivision are for different terms. 21 The State Board of Elections or the county clerk, as the 22 case may be, shall issue an amended certification whenever it 23 is discovered that the original certification is in error. 24 (Source: P.A. 86-867; 86-875; 86-1028.) 25 (10 ILCS 5/7-61) (from Ch. 46, par. 7-61) 26 Sec. 7-61. Whenever a special election is necessary the 27 provisions of this Article are applicable to the nomination 28 of candidates to be voted for at such special election. 29 In cases where a primary election is required the officer 30 or board or commission whose duty it is under the provisions 31 of this Act relating to general elections to call an 32 election, shall fix a date for the primary for the nomination 33 of candidates to be voted for at such special election. SB938 Engrossed -40- SRS91S0028PMch 1 Notice of such primary shall be given at least 15 days prior 2 to the maximum time provided for the filing of petitions for 3 such a primary as provided in Section 7-12. 4 Any vacancy in nomination under the provisions of this 5 Article 7 occurring on or after the primary and prior to 6 certification of candidates by the certifying board or 7 officer, must be filled prior to the date of certification. 8 Any vacancy in nomination occurring after certification but 9 prior to 15 days before the general election shall be filled 10 within 8 days after the event creating the vacancy. The 11 resolution filling the vacancy shall be sent by U. S. mail or 12 personal delivery to the certifying officer or board within 3 13 days of the action by which the vacancy was filled; provided, 14 if such resolution is sent by mail and the U. S. postmark on 15 the envelope containing such resolution is dated prior to the 16 expiration of such 3 day limit, the resolution shall be 17 deemed filed within such 3 day limit. Failure to so transmit 18 the resolution within the time specified in this Section 19 shall authorize the certifying officer or board to certify 20 the original candidate. Vacancies shall be filled by the 21 officers of a local municipal or township political party as 22 specified in subsection (h) of Section 7-8, other than a 23 statewide political party, that is established only within a 24 municipality or township and the managing committee (or 25 legislative committee in case of a candidate for State 26 Senator or representative committee in the case of a 27 candidate for State Representative in the General Assembly) 28 of the respective political party for the territorial area in 29 which such vacancy occurs. 30 The resolution to fill a vacancy in nomination shall be 31 duly acknowledged before an officer qualified to take 32 acknowledgements of deeds and shall include, upon its face, 33 the following information: 34 (a) the name of the original nominee and the office SB938 Engrossed -41- SRS91S0028PMch 1 vacated; 2 (b) the date on which the vacancy occurred; 3 (c) the name and address of the nominee selected to fill 4 the vacancy and the date of selection. 5 The resolution to fill a vacancy in nomination shall be 6 accompanied by a Statement of Candidacy, as prescribed in 7 Section 7-10, completed by the selected nominee and a receipt 8 indicating that such nominee has filed a statement of 9 economic interests as required by the Illinois Governmental 10 Ethics Act. 11 The provisions of Section 10-8 through 10-10.1 relating 12 to objections to certificates of nomination and nomination 13 papers, hearings on objections, and judicial review, shall 14 apply to and govern objections to resolutions for filling a 15 vacancy in nomination. 16 Any vacancy in nomination occurring 15 days or less 17 before the consolidated election or the general election 18 shall not be filled. In this event, the certification of the 19 original candidate shall stand and his name shall appear on 20 the official ballot to be voted at the general election. 21 A vacancy in nomination occurs when a candidate who has 22 been nominated under the provisions of this Article 7 dies 23 before the election (whether death occurs prior to, on or 24 after the day of the primary), or declines the nomination; 25 provided that nominations may become vacant for other 26 reasons. 27 If the name of no established political party candidate 28 was printed on the consolidated primary ballot for a 29 particular office and if no person was nominated as a 30 write-in candidate for such office, a vacancy in nomination 31 shall be created which may be filled in accordance with the 32 requirements of this Section. If the name of no established 33 political party candidate was printed on the general primary 34 ballot for a particular office and if no person was nominated SB938 Engrossed -42- SRS91S0028PMch 1 as a write-in candidate for such office, a vacancy in 2 nomination shall be created, but no candidate of the party 3 for the office shall be listed on the ballot at the general 4 election unless such vacancy is filled in accordance with the 5 requirements of this Section within 2060days after the date 6 of the general primary. 7 A candidate for whom a nomination paper has been filed as 8 a partisan candidate at a primary election, and who is 9 defeated for his or her nomination at such primary election, 10 is ineligible to be listed on the ballot at that general or 11 consolidated election as a candidate of another political 12 party. 13 A candidate seeking election to an office for which 14 candidates of political parties are nominated by caucus who 15 is a participant in the caucus and who is defeated for his or 16 her nomination at such caucus, is ineligible to be listed on 17 the ballot at that general or consolidated election as a 18 candidate of another political party. 19 In the proceedings to nominate a candidate to fill a 20 vacancy or to fill a vacancy in the nomination, each 21 precinct, township, ward, county or congressional district, 22 as the case may be, shall through its representative on such 23 central or managing committee, be entitled to one vote for 24 each ballot voted in such precinct, township, ward, county or 25 congressional district, as the case may be, by the primary 26 electors of its party at the primary election immediately 27 preceding the meeting at which such vacancy is to be filled. 28 For purposes of this Section, the words "certify" and 29 "certification" shall refer to the act of officially 30 declaring the names of candidates entitled to be printed upon 31 the official ballot at an election and directing election 32 authorities to place the names of such candidates upon the 33 official ballot. "Certifying officers or board" shall refer 34 to the local election official, election authority or the SB938 Engrossed -43- SRS91S0028PMch 1 State Board of Elections, as the case may be, with whom 2 nomination papers, including certificates of nomination and 3 resolutions to fill vacancies in nomination, are filed and 4 whose duty it is to "certify" candidates. 5 (Source: P.A. 86-867; 86-1348; 87-1052.) 6 (10 ILCS 5/7-63) (from Ch. 46, par. 7-63) 7 Sec. 7-63. Any candidate whose name appears upon the 8 primary ballot of any political party may contest the 9 election of the candidate or candidates nominated for the 10 office for which he or she was a candidate by his or her 11 political party, upon the face of the returns, by filing with 12 the clerk of the circuit court a petition in writing, setting 13 forth the grounds of contest, which petition shall be 14 verified by the affidavit of the petitioner or other person, 15 and which petition shall be filed within 510days after the 16 completion of the canvass of the returns by the canvassing 17 board making the final canvass of returns. The contestant 18 shall also file with that canvassing board (and if for the 19 nomination for an office, certified tabulated statements of 20 the returns of which are to be filed with the State Board of 21 Elections, also with the county canvassing board), a notice 22 of the pendency of the contest. 23 If the contest relates to an office involving more than 24 one county, the venue of the contest is (a) in the county in 25 which the alleged grounds of the contest exist or (b) if 26 grounds for the contest are alleged to exist in more than one 27 county, then in any of those counties or in the county in 28 which any defendant resides. 29 Authority and jurisdiction are hereby vested in the 30 circuit court, to hear and determine primary contests. When a 31 petition to contest a primary is filed in the office of the 32 clerk of the court, the petition shall forthwith be presented 33 to a judge thereof, who shall note thereon the date of SB938 Engrossed -44- SRS91S0028PMch 1 presentation, and shall note thereon the day when the 2 petition will be heard, which shall not be more than 5103 days thereafter. 4 Summons shall forthwith issue to each defendant named in 5 the petition and shall be served for the same manner as is 6 provided for other civil cases. Summons may be issued and 7 served in any county in the State. The case may be heard and 8 determined by the circuit court at any time not less than 5 9 days after service of process, and shall have preference in 10 the order of hearing to all other cases. The petitioner shall 11 give security for all costs. 12 In any contest involving the selection of nominees for 13 the office of State representative, each candidate of the 14 party and district involved, who is not a petitioner or a 15 named defendant in the contest, shall be given notice of the 16 contest at the same time summons is issued to the defendants, 17 and any other candidate may, upon application to the court 18 within 5 days after receiving such notice, be made a party to 19 the contest. 20 Any defendant may, within 5 days after service of process 21 upon him or her, file a counterclaim and shall give security 22 for all costs relating to such counterclaim. 23 Any party to such proceeding may have a substitution of 24 judge from the judge to whom such contest is assigned for 25 hearing, where he or she fears or has cause to believe such 26 judge is prejudiced against, or is related to any of the 27 parties either by blood or by marriage. Notice of the 28 application for such substitution of judge must be served 29 upon the opposite party and filed with such judge not later 30 than one day after such contest is assigned to such judge, 31 Sundays and legal holidays excepted. No party shall be 32 entitled to more than one substitution of judge in such 33 proceeding. 34 If, in the opinion of the court, in which the petition is SB938 Engrossed -45- SRS91S0028PMch 1 filed, the grounds for contest alleged are insufficient in 2 law the petition shall be dismissed. If the grounds alleged 3 are sufficient in law, the court shall proceed in a summary 4 manner and may hear evidence, examine the returns, recount 5 the ballots and make such orders and enter such judgment as 6 justice may require. In the case of a contest relating to 7 nomination for the office of Representative in the General 8 Assembly where the contestant received votes equal in number 9 to at least 95% of the number of votes cast for any 10 apparently successful candidate for nomination for that 11 office by the same political party, the court may order a 12 recount for the entire district and may order the cost of 13 such recount to be borne by the respective counties. The 14 court shall ascertain and declare by a judgment to be entered 15 of record, the result of such election in the territorial 16 area for which the contest is made. The judgment of the court 17 shall be appealable as in other civil cases. A certified copy 18 of the judgment shall forthwith be made by the clerk of the 19 court and transmitted to the board canvassing the returns for 20 such office, and in case of contest, if for nomination for an 21 office, tabulated statements of returns for which are filed 22 with the State Board of Elections, also in the office of the 23 county clerk in the proper county. The proper canvassing 24 board, or boards, as the case may be, shall correct the 25 returns or the tabulated statement of returns in accordance 26 with the judgment. 27 (Source: P.A. 84-1308.) 28 (10 ILCS 5/8-4) (from Ch. 46, par. 8-4) 29 Sec. 8-4. A primary shall be held on the secondthird30 Tuesday in SeptemberMarchof each even-numbered year for the 31 nomination of candidates for legislative offices. 32 (Source: P.A. 82-750.) SB938 Engrossed -46- SRS91S0028PMch 1 (10 ILCS 5/8-5) (from Ch. 46, par. 8-5) 2 Sec. 8-5. There shall be constituted one legislative 3 committee for each political party in each legislative 4 district and one representative committee for each political 5 party in each representative district. Legislative and 6 representative committees shall be composed as follows: 7 In legislative or representative districts within or 8 including a portion of any county containing 2,000,000 or 9 more inhabitants, the legislative or representative committee 10 of a political party shall consist of the committeemen of 11 such party representing each township or ward of such county 12 any portion of which township or ward is included within such 13 legislative or representative district and the chairman of 14 each county central committee of such party of any county 15 containing less than 2,000,000 inhabitants any portion of 16 which county is included within such legislative or 17 representative district. 18 In the remainder of the State, the legislative or 19 representative committee of a political party shall consist 20 of the chairman of each county central committee of such 21 party, any portion of which county is included within such 22 legislative or representative district; but if a legislative 23 or representative district comprises only one county, or part 24 of a county, its legislative or representative committee 25 shall consist of the chairman of the county central committee 26 and 2 members of the county central committee who reside in 27 the legislative or representative district, as the case may 28 be, elected by the county central committee. 29 Within 180 days after the primary of the even-numbered 30 year immediately following the decennial redistricting 31 required by Section 3 of Article IV of the Illinois 32 Constitution of 1970, the ward committeemen, township 33 committeemen or chairmen of county central committees within 34 each of the redistricted legislative and representative SB938 Engrossed -47- SRS91S0028PMch 1 districts shall meet and proceed to organize by electing from 2 among their own number a chairman and, either from among 3 their own number or otherwise, such other officers as they 4 may deem necessary or expedient. The ward committeemen, 5 township committeemen or chairmen of county central 6 committees shall determine the time and place (which shall be 7 in the limits of such district) of such meeting. Immediately 8 upon completion of organization, the chairman shall forward 9 to the State Board of Elections the names and addresses of 10 the chairman and secretary of the committee. A vacancy shall 11 occur when a member dies, resigns or ceases to reside in the 12 county, township or ward which he represented. 13 Within 20180days after the primary of each other 14 even-numbered year, each legislative committee and 15 representative committee shall meet and proceed to organize 16 by electing from among its own number a chairman, and either 17 from its own number or otherwise, such other officers as each 18 committee may deem necessary or expedient. Immediately upon 19 completion of organization, the chairman shall forward to the 20 State Board of Elections, the names and addresses of the 21 chairman and secretary of the committee. The outgoing 22 chairman of such committee shall notify the members of the 23 time and place (which shall be in the limits of such 24 district) of such meeting. A vacancy shall occur when a 25 member dies, resigns, or ceases to reside in the county, 26 township or ward, which he represented. 27 If any change is made in the boundaries of any precinct, 28 township or ward, the committeeman previously elected 29 therefrom shall continue to serve, as if no boundary change 30 had occurred, for the purpose of acting as a member of a 31 legislative or representative committee until his successor 32 is elected or appointed. 33 (Source: P.A. 84-352.) SB938 Engrossed -48- SRS91S0028PMch 1 (10 ILCS 5/10-14) (from Ch. 46, par. 10-14) 2 Sec. 10-14. Not less than 3561days before the date of 3 the general election the State Board of Elections shall 4 certify to the county clerk of each county the name of each 5 candidate whose nomination papers, certificate of nomination 6 or resolution to fill a vacancy in nomination has been filed 7 with the State Board of Elections and direct the county clerk 8 to place upon the official ballot for the general election 9 the names of such candidates in the same manner and in the 10 same order as shown upon the certification. The name of no 11 candidate for an office to be filled by the electors of the 12 entire state shall be placed upon the official ballot unless 13 his name is duly certified to the county clerk upon a 14 certificate signed by the members of the State Board of 15 Elections. The names of group candidates on petitions shall 16 be certified to the several county clerks in the order in 17 which such names appear on such petitions filed with the 18 State Board of Elections. 19 Not less than 3055days before the date of the general 20 election, each county clerk shall certify the names of each 21 of the candidates for county offices whose nomination papers, 22 certificates of nomination or resolutions to fill a vacancy 23 in nomination have been filed with such clerk and declare 24 that the names of such candidates for the respective offices 25 shall be placed upon the official ballot for the general 26 election in the same manner and in the same order as shown 27 upon the certification. Each county clerk shall place a copy 28 of the certification on file in his or her office and at the 29 same time issue to the State Board of Elections a copy of 30 such certification. In addition, each county clerk in whose 31 county there is a board of election commissioners shall, not 32 less than 3055days before the election, certify to the 33 board of election commissioners the name of the person or 34 persons nominated for such office as shown by the certificate SB938 Engrossed -49- SRS91S0028PMch 1 of the State Board of Elections, together with the names of 2 all other candidates as shown by the certification of county 3 officers on file in the clerk's office, and in the order so 4 certified. The county clerk or board of election 5 commissioners shall print the names of the nominees on the 6 ballot for each office in the order in which they are 7 certified to or filed with the county clerk; provided, that 8 in printing the name of nominees for any office, if any of 9 such nominees have also been nominated by one or more 10 political parties pursuant to this Act, the location of the 11 name of such candidate on the ballot for nominations made 12 under this Article shall be precisely in the same order in 13 which it appears on the certification of the State Board of 14 Elections to the county clerk. 15 For the general election, the candidates of new political 16 parties shall be placed on the ballot for said election after 17 the established political party candidates and in the order 18 of new political party petition filings. 19 Each certification shall indicate, where applicable, the 20 following: 21 (1) The political party affiliation if any, of the 22 candidates for the respective offices; 23 (2) If there is to be more than one candidate elected to 24 an office from the State, political subdivision or district; 25 (3) If the voter has the right to vote for more than one 26 candidate for an office; 27 (4) The term of office, if a vacancy is to be filled for 28 less than a full term or if the offices to be filled in a 29 political subdivision are for different terms. 30 The State Board of Elections or the county clerk, as the 31 case may be, shall issue an amended certification whenever it 32 is discovered that the original certification is in error. 33 (Source: P.A. 86-867.) SB938 Engrossed -50- SRS91S0028PMch 1 (10 ILCS 5/13-1) (from Ch. 46, par. 13-1) 2 Sec. 13-1. In counties not under township organization, 3 the county board of commissioners shall at its meeting in May 4 in each even-numbered year appoint in each election precinct 5 5 capable and discreet electors meeting the qualifications of 6 Section 13-4 to be judges of election. Where neither voting 7 machines nor electronic, mechanical or electric voting 8 systems are used, the county board may, for any precinct with 9 respect to which the board considers such action necessary or 10 desirable in view of the number of voters, and shall for 11 general elections for any precinct containing more than 600 12 registered voters, appoint in addition to the 5 judges of 13 election a team of 5 tally judges. In such precincts the 14 judges of election shall preside over the election during the 15 hours the polls are open, and the tally judges, with the 16 assistance of the holdover judges designated pursuant to 17 Section 13-6.2, shall count the vote after the closing of the 18 polls. However, the County Board of Commissioners may appoint 19 3 judges of election to serve in lieu of the 5 judges of 20 election otherwise required by this Section to serve in any 21 presidential primary election, any emergency referendum, or 22 in any odd-year regular election or in any special primary or 23 special election called for the purpose of filling a vacancy 24 in the office of representative in the United States Congress 25 or to nominate candidates for such purpose. The tally judges 26 shall possess the same qualifications and shall be appointed 27 in the same manner and with the same division between 28 political parties as is provided for judges of election. 29 In addition to such precinct judges, the county board of 30 commissioners shall appoint special panels of 3 judges each, 31 who shall possess the same qualifications and shall be 32 appointed in the same manner and with the same division 33 between political parties as is provided for other judges of 34 election. The number of such panels of judges required shall SB938 Engrossed -51- SRS91S0028PMch 1 be determined by regulations of the State Board of Elections 2 which shall base the required numbers of special panels on 3 the number of registered voters in the jurisdiction or the 4 number of absentee ballots voted at recent elections, or any 5 combination of such factors. 6 Such appointment shall be confirmed by the court as 7 provided in Section 13-3 of this Article. No more than 3 8 persons of the same political party shall be appointed judges 9 of the same election precinct or election judge panel. The 10 appointment shall be made in the following manner: The county 11 board of commissioners shall select and approve 3 persons as 12 judges of election in each election precinct from a certified 13 list, furnished by the chairman of the County Central 14 Committee of the first leading political party in such 15 precinct; and the county board of commissioners shall also 16 select and approve 2 persons as judges of election in each 17 election precinct from a certified list, furnished by the 18 chairman of the County Central Committee of the second 19 leading political party. However, if only 3 judges of 20 election serve in each election precinct, no more than 2 21 persons of the same political party shall be judges of 22 election in the same election precinct; and which political 23 party is entitled to 2 judges of election and which political 24 party is entitled to one judge of election shall be 25 determined in the same manner as set forth in the next two 26 preceding sentences with regard to 5 election judges in each 27 precinct. Such certified list shall be filed with the county 28 clerk not less than 10 days before the annual meeting of the 29 county board of commissioners. Such list shall be arranged 30 according to precincts. The chairman of each county central 31 committee shall, insofar as possible, list persons who reside 32 within the precinct in which they are to serve as judges. 33 However, he may, in his sole discretion, submit the names of 34 persons who reside outside the precinct but within the county SB938 Engrossed -52- SRS91S0028PMch 1 embracing the precinct in which they are to serve. He must, 2 however, submit the names of at least 2 residents of the 3 precinct for each precinct in which his party is to have 3 4 judges and must submit the name of at least one resident of 5 the precinct for each precinct in which his party is to have 6 2 judges. The county board of commissioners shall acknowledge 7 in writing to each county chairman the names of all persons 8 submitted on such certified list and the total number of 9 persons listed thereon. If no such list is filed or such list 10 is incomplete (that is, no names or an insufficient number of 11 names are furnished for certain election precincts), the 12 county board of commissioners shall make or complete such 13 list from the names contained in the supplemental list 14 provided for in Section 13-1.1. The election judges shall 15 hold their office for 2 years from their appointment, and 16 until their successors are duly appointed in the manner 17 provided in this Act. The county board of commissioners shall 18 fill all vacancies in the office of judge of election at any 19 time in the manner provided in this Act. 20 (Source: P.A. 87-1052.) 21 (10 ILCS 5/13-2) (from Ch. 46, par. 13-2) 22 Sec. 13-2. In counties under the township organization 23 the county board shall at its meeting in May in each 24 even-numbered year except in counties containing a population 25 of 3,000,000 inhabitants or over and except when such judges 26 are appointed by election commissioners, select in each 27 election precinct in the county, 5 capable and discreet 28 electors to be judges of election who shall possess the 29 qualifications required by this Act for such judges. Where 30 neither voting machines nor electronic, mechanical or 31 electric voting systems are used, the county board may, for 32 any precinct with respect to which the board considers such 33 action necessary or desirable in view of the number of SB938 Engrossed -53- SRS91S0028PMch 1 voters, and shall for general elections for any precinct 2 containing more than 600 registered voters, appoint in 3 addition to the 5 judges of election a team of 5 tally 4 judges. In such precincts the judges of election shall 5 preside over the election during the hours the polls are 6 open, and the tally judges, with the assistance of the 7 holdover judges designated pursuant to Section 13-6.2, shall 8 count the vote after the closing of the polls. The tally 9 judges shall possess the same qualifications and shall be 10 appointed in the same manner and with the same division 11 between political parties as is provided for judges of 12 election. 13 However, the county board may appoint 3 judges of 14 election to serve in lieu of the 5 judges of election 15 otherwise required by this Section to serve in any 16 presidential primary election, any emergency referendum, or 17 in any odd-year regular election or in any special primary or 18 special election called for the purpose of filling a vacancy 19 in the office of representative in the United States Congress 20 or to nominate candidates for such purpose. 21 In addition to such precinct judges, the county board 22 shall appoint special panels of 3 judges each, who shall 23 possess the same qualifications and shall be appointed in the 24 same manner and with the same division between political 25 parties as is provided for other judges of election. The 26 number of such panels of judges required shall be determined 27 by regulations of the State Board of Elections, which shall 28 base the required number of special panels on the number of 29 registered voters in the jurisdiction or the number of 30 absentee ballots voted at recent elections or any combination 31 of such factors. 32 No more than 3 persons of the same political party shall 33 be appointed judges in the same election district or 34 undivided precinct. The election of the judges of election in SB938 Engrossed -54- SRS91S0028PMch 1 the various election precincts shall be made in the following 2 manner: The county board shall select and approve 3 of the 3 election judges in each precinct from a certified list 4 furnished by the chairman of the County Central Committee of 5 the first leading political party in such election precinct 6 and shall also select and approve 2 judges of election in 7 each election precinct from a certified list furnished by the 8 chairman of the County Central Committee of the second 9 leading political party in such election precinct. However, 10 if only 3 judges of election serve in each election precinct, 11 no more than 2 persons of the same political party shall be 12 judges of election in the same election precinct; and which 13 political party is entitled to 2 judges of election and which 14 political party is entitled to one judge of election shall be 15 determined in the same manner as set forth in the next two 16 preceding sentences with regard to 5 election judges in each 17 precinct. The respective County Central Committee chairman 18 shall notify the county board by June 1 of each odd-numbered 19 year immediately preceding the annual meeting of the county 20 board whether or not such certified list will be filed by 21 such chairman. Such list shall be arranged according to 22 precincts. The chairman of each county central committee 23 shall, insofar as possible, list persons who reside within 24 the precinct in which they are to serve as judges. However, 25 he may, in his sole discretion, submit the names of persons 26 who reside outside the precinct but within the county 27 embracing the precinct in which they are to serve. He must, 28 however, submit the names of at least 2 residents of the 29 precinct for each precinct in which his party is to have 3 30 judges and must submit the name of at least one resident of 31 the precinct for each precinct in which his party is to have 32 2 judges. Such certified list, if filed, shall be filed with 33 the county clerk not less than 20 days before the annual 34 meeting of the county board. The county board shall SB938 Engrossed -55- SRS91S0028PMch 1 acknowledge in writing to each county chairman the names of 2 all persons submitted on such certified list and the total 3 number of persons listed thereon. If no such list is filed or 4 the list is incomplete (that is, no names or an insufficient 5 number of names are furnished for certain election 6 precincts), the county board shall make or complete such list 7 from the names contained in the supplemental list provided 8 for in Section 13-1.1. Provided, further, that in any case 9 where a township has been or shall be redistricted, in whole 10 or in part, subsequent to one general election for Governor, 11 and prior to the next, the judges of election to be selected 12 for all new or altered precincts shall be selected in that 13 one of the methods above detailed, which shall be applicable 14 according to the facts and circumstances of the particular 15 case, but the majority of such judges for each such precinct 16 shall be selected from the first leading political party, and 17 the minority judges from the second leading political party. 18 Provided, further, that in counties having a population of 19 1,000,000 inhabitants or over the selection of judges of 20 election shall be made in the same manner in all respects as 21 in other counties, except that the provisions relating to 22 tally judges are inapplicable to such counties and except 23 that the county board shall meet during the month of January 24 for the purpose of making such selection and the chairman of 25 each county central committee shall notify the county board 26 by the preceding October 1 whether or not the certified list 27 will be filed. Such judges of election shall hold their 28 office for 2 years from their appointment and until their 29 successors are duly appointed in the manner provided in this 30 Act. The county board shall fill all vacancies in the office 31 of judges of elections at any time in the manner herein 32 provided. 33 Such selections under this Section shall be confirmed by 34 the circuit court as provided in Section 13-3 of this SB938 Engrossed -56- SRS91S0028PMch 1 Article. 2 (Source: P.A. 86-1028; 87-1052.) 3 (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1) 4 Sec. 14-3.1. The board of election commissioners shall, 5 during the month of May of each even-numbered year, select 6 for each election precinct within the jurisdiction of the 7 board 5 persons to be judges of election who shall possess 8 the qualifications required by this Act for such judges. The 9 selection shall be made by a county board of election 10 commissioners in the following manner: the county board of 11 election commissioners shall select and approve 3 persons as 12 judges of election in each election precinct from a certified 13 list furnished by the chairman of the county central 14 committee of the first leading political party in that 15 precinct; the county board of election commissioners also 16 shall select and approve 2 persons as judges of election in 17 each election precinct from a certified list furnished by the 18 chairman of the county central committee of the second 19 leading political party in that precinct. The selection by a 20 municipal board of election commissioners shall be made in 21 the following manner: for each precinct, 3 judges shall be 22 selected from one of the 2 leading political parties and the 23 other 2 judges shall be selected from the other leading 24 political party; the parties entitled to 3 and 2 judges, 25 respectively, in the several precincts shall be determined as 26 provided in Section 14-4. However, a Board of Election 27 Commissioners may appoint three judges of election to serve 28 in lieu of the 5 judges of election otherwise required by 29 this Section to serve in any presidential primary election, 30 any emergency referendum, or in any odd-year regular election 31 or in any special primary or special election called for the 32 purpose of filling a vacancy in the office of representative 33 in the United States Congress or to nominate candidates for SB938 Engrossed -57- SRS91S0028PMch 1 such purpose. 2 If only 3 judges of election serve in each election 3 precinct, no more than 2 persons of the same political party 4 shall be judges of election in the same election precinct, 5 and which political party is entitled to 2 judges of election 6 and which political party is entitled to one judge of 7 election shall be determined as set forth in this Section for 8 a county board of election commissioners' selection of 5 9 election judges in each precinct or in Section 14-4 for a 10 municipal board of election commissioners' selection of 11 election judges in each precinct, whichever is appropriate. 12 In addition to such precinct judges, the board of election 13 commissioners shall appoint special panels of 3 judges each, 14 who shall possess the same qualifications and shall be 15 appointed in the same manner and with the same division 16 between political parties as is provided for other judges of 17 election. The number of such panels of judges required shall 18 be determined by regulation of the State Board of Elections, 19 which shall base the required number of special panels on the 20 number of registered voters in the jurisdiction or the number 21 of absentee ballots voted at recent elections or any 22 combination of such factors. A municipal board of election 23 commissioners shall make the selections of persons qualified 24 under Section 14-1 from certified lists furnished by the 25 chairman of the respective county central committees of the 2 26 leading political parties. Lists furnished by chairmen of 27 county central committees under this Section shall be 28 arranged according to precincts. The chairman of each county 29 central committee shall, insofar as possible, list persons 30 who reside within the precinct in which they are to serve as 31 judges. However, he may, in his sole discretion, submit the 32 names of persons who reside outside the precinct but within 33 the county embracing the precinct in which they are to serve. 34 He must, however, submit the names of at least 2 residents of SB938 Engrossed -58- SRS91S0028PMch 1 the precinct for each precinct in which his party is to have 2 3 judges and must submit the name of at least one resident of 3 the precinct for each precinct in which his party is to have 4 2 judges. The board of election commissioners shall no later 5 than March 1 of each even-numbered year notify the chairmen 6 of the respective county central committees of their 7 responsibility to furnish such lists, and each such chairman 8 shall furnish the board of election commissioners with the 9 list for his party on or before May 1 of each even-numbered 10 year. The board of election commissioners shall acknowledge 11 in writing to each county chairman the names of all persons 12 submitted on such certified list and the total number of 13 persons listed thereon. If no such list is furnished or if no 14 names or an insufficient number of names are furnished for 15 certain precincts, the board of election commissioners shall 16 make or complete such list from the names contained in the 17 supplemental list provided for in Section 14-3.2. Judges of 18 election shall hold their office for 2 years from their 19 appointment and until their successors are duly appointed in 20 the manner herein provided. The board of election 21 commissioners shall, subject to the provisions of Section 22 14-3.2, fill all vacancies in the office of judges of 23 election at any time in the manner herein provided. 24 Such selections under this Section shall be confirmed by 25 the court as provided in Section 14-5. 26 (Source: P.A. 89-471, eff. 6-13-96.) 27 (10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01) 28 Sec. 16-5.01. (a) The election authority shall, at least 29 2560days prior to the date of any general election at which 30 federal officers are elected and 2545days prior to any 31 other regular election, have a sufficient number of ballots 32 printed so that such ballots will be available for mailing 25 3360days prior to the date of the election to persons who SB938 Engrossed -59- SRS91S0028PMch 1 have filed application for a ballot under the provisions of 2 Article 20 of this Act. 3 (b) If at any general election at which federal offices 4 are elected the election authority is unable to comply with 5 the provisions of subsection (a), the election authority 6 shall mail to each such person, in lieu of the ballot, a 7 Special Write-in Absentee Voter's Blank Ballot. The Special 8 Write-in Absentee Voter's Blank Ballot shall be used only at 9 general elections at which federal officers are elected and 10 shall be prepared by the election authority in substantially 11 the following form: 12 Special Write-in Absentee Voter's Blank Ballot 13 (To vote for a person, write the title of the office and 14 his or her name on the lines provided. Place to the left of 15 and opposite the title of office a square and place a cross 16 (X) in the square.) 17 Title of Office Name of Candidate 18 ( ) 19 ( ) 20 ( ) 21 ( ) 22 ( ) 23 ( ) 24 The election authority shall send with the Special 25 Write-in Absentee Voter's Blank Ballot a list of all 26 referenda for which the voter is qualified to vote and all 27 candidates for whom nomination papers have been filed and for 28 whom the voter is qualified to vote. The voter shall be 29 entitled to write in the name of any candidate seeking 30 election and any referenda for which he or she is entitled to 31 vote. 32 On the back or outside of the ballot, so as to appear 33 when folded, shall be printed the words "Official Ballot", 34 the date of the election and a facsimile of the signature of SB938 Engrossed -60- SRS91S0028PMch 1 the election authority who has caused the ballot to be 2 printed. 3 The provisions of Article 20, insofar as they may be 4 applicable to the Special Write-in Absentee Voter's Blank 5 Ballot, shall be applicable herein. 6 (Source: P.A. 86-875.) 7 (10 ILCS 5/19-2) (from Ch. 46, par. 19-2) 8 Sec. 19-2. Any elector as defined in Section 19-1 9 expecting to be absent from the county of his residence or 10 any such elector who because of being appointed a judge of 11 election in a precinct other than the precinct in which he 12 resides or who because of physical incapacity or the tenets 13 of his religion in the observance of a religious holiday or 14 who because of election duties for the office of an Election 15 Authority, the State Board of Elections, or a law enforcement 16 agency will be unable to be present at the polls on the day 17 of such election may by mail, not more than 40, except for a 18 general election, not more than 25 days, nor less than 5 days 19 prior to the date of such election, or by personal delivery 20 not more than 40, except for a general election, not more 21 than 25 days, nor less than one day prior to the date of such 22 election, make application to the county clerk or to the 23 Board of Election Commissioners for an official ballot for 24 the voter's precinct to be voted at such election. 25 (Source: P.A. 84-808.) 26 (10 ILCS 5/19-4) (from Ch. 46, par. 19-4) 27 Sec. 19-4. Mailing or delivery of ballots - Time.)28 Immediately upon the receipt of such application either by 29 mail, not more than 40 days, except for a general election, 30 not more than 25 days, nor less than 5 days prior to such 31 election, or by personal delivery not more than 40 days, 32 except for a general election, not more than 25 days, nor SB938 Engrossed -61- SRS91S0028PMch 1 less than one day prior to such election, at the office of 2 such election authority, it shall be the duty of such 3 election authority to examine the records to ascertain 4 whether or not such applicant is lawfully entitled to vote as 5 requested, and if found so to be, to post within one business 6 day thereafter the name, street address, ward and precinct 7 number or township and district number, as the case may be, 8 of such applicant given on a list, the pages of which are to 9 be numbered consecutively to be kept by such election 10 authority for such purpose in a conspicuous, open and public 11 place accessible to the public at the entrance of the office 12 of such election authority, and in such a manner that such 13 list may be viewed without necessity of requesting permission 14 therefor, and within 2 business days thereafter to mail, 15 postage prepaid, or deliver in person in such office an 16 official ballot or ballots if more than one are to be voted 17 at said election. Mail delivery of Temporarily Absent 18 Student ballot applications pursuant to Section 19-12.3 shall 19 be by nonforwardable mail. However, for the consolidated 20 election, absentee ballots for certain precincts may be 21 delivered to applicants not less than 25 days before the 22 election if so much time is required to have prepared and 23 printed the ballots containing the names of persons nominated 24 for offices at the consolidated primary. The election 25 authority shall enclose with each absentee ballot or 26 application written instructions on how voting assistance 27 shall be provided pursuant to Section 17-14 and a document, 28 written and approved by the State Board of Elections, 29 enumerating the circumstances under which a person is 30 authorized to vote by absentee ballot pursuant to this 31 Article; such document shall also include a statement 32 informing the applicant that if he or she falsifies or is 33 solicited by another to falsify his or her eligibility to 34 cast an absentee ballot, such applicant or other is subject SB938 Engrossed -62- SRS91S0028PMch 1 to penalties pursuant to Section 29-10 and Section 29-20 of 2 the Election Code. Each election authority shall maintain a 3 list of the name, street address, ward and precinct, or 4 township and district number, as the case may be, of all 5 applicants who have returned absentee ballots to such 6 authority, and the name of such absent voter shall be added 7 to such list within one business day from receipt of such 8 ballot. If the absentee ballot envelope indicates that the 9 voter was assisted in casting the ballot, the name of the 10 person so assisting shall be included on the list. The list, 11 the pages of which are to be numbered consecutively, shall be 12 kept by each election authority in a conspicuous, open, and 13 public place accessible to the public at the entrance of the 14 office of the election authority and in a manner that the 15 list may be viewed without necessity of requesting permission 16 for viewing. 17 Each election authority shall maintain a list for each 18 election of the voters to whom it has issued absentee 19 ballots. The list shall be maintained for each precinct 20 within the jurisdiction of the election authority. Prior to 21 the opening of the polls on election day, the election 22 authority shall deliver to the judges of election in each 23 precinct the list of registered voters in that precinct to 24 whom absentee ballots have been issued by mail. 25 Each election authority shall maintain a list for each 26 election of voters to whom it has issued temporarily absent 27 student ballots. The list shall be maintained for each 28 election jurisdiction within which such voters temporarily 29 abide. Immediately after the close of the period during 30 which application may be made by mail for absentee ballots, 31 each election authority shall mail to each other election 32 authority within the State a certified list of all such 33 voters temporarily abiding within the jurisdiction of the 34 other election authority. SB938 Engrossed -63- SRS91S0028PMch 1 In the event that the return address of an application 2 for ballot by a physically incapacitated elector is that of a 3 facility licensed or certified under the Nursing Home Care 4 Act, within the jurisdiction of the election authority, and 5 the applicant is a registered voter in the precinct in which 6 such facility is located, the ballots shall be prepared and 7 transmitted to a responsible judge of election no later than 8 9 a.m. on the Saturday, Sunday or Monday immediately 9 preceding the election as designated by the election 10 authority under Section 19-12.2. Such judge shall deliver in 11 person on the designated day the ballot to the applicant on 12 the premises of the facility from which application was made. 13 The election authority shall by mail notify the applicant in 14 such facility that the ballot will be delivered by a judge of 15 election on the designated day. 16 All applications for absentee ballots shall be available 17 at the office of the election authority for public inspection 18 upon request from the time of receipt thereof by the election 19 authority until 30 days after the election, except during the 20 time such applications are kept in the office of the election 21 authority pursuant to Section 19-7, and except during the 22 time such applications are in the possession of the judges of 23 election. 24 (Source: P.A. 89-653, eff. 8-14-96; 90-101, eff. 7-11-97.) 25 Section 10. The School Code is amended by changing 26 Section 33-1 as follows: 27 (105 ILCS 5/33-1) (from Ch. 122, par. 33-1) 28 Sec. 33-1. Board of Education - Election - Terms. In 29 all school districts, including special charter districts 30 having a population of 100,000 and not more than 500,000, 31 which adopt this Article, as hereinafter provided, there 32 shall be maintained a system of free schools in charge of a SB938 Engrossed -64- SRS91S0028PMch 1 board of education, which shall be a body politic and 2 corporate by the name of "Board of Education of the City 3 of....". The board shall consist of 7 members elected by the 4 voters of the district. Except as provided in Section 33-1b 5 of this Act, the regular election for members of the board 6 shall be held on the first Tuesday of April in odd numbered 7 years and on the secondthirdTuesday of SeptemberMarchin 8 even numbered years. The law governing the registration of 9 voters for the primary election shall apply to the regular 10 election. At the first regular election 7 persons shall be 11 elected as members of the board. The person who receives the 12 greatest number of votes shall be elected for a term of 5 13 years. The 2 persons who receive the second and third 14 greatest number of votes shall be elected for a term of 4 15 years. The person who receives the fourth greatest number of 16 votes shall be elected for a term of 3 years. The 2 persons 17 who receive the fifth and sixth greatest number of votes 18 shall be elected for a term of 2 years. The person who 19 receives the seventh greatest number of votes shall be 20 elected for a term of 1 year. Thereafter, at each regular 21 election for members of the board, the successors of the 22 members whose terms expire in the year of election shall be 23 elected for a term of 5 years. All terms shall commence on 24 July 1 next succeeding the elections. Any vacancy occurring 25 in the membership of the board shall be filled by appointment 26 until the next regular election for members of the board. 27 In any school district which has adopted this Article, a 28 proposition for the election of board members by school board 29 district rather than at large may be submitted to the voters 30 of the district at the regular school election of any year in 31 the manner provided in Section 9-22. If the proposition is 32 approved by a majority of those voting on the propositions, 33 the board shall divide the school district into 7 school 34 board districts as provided in Section 9-22. At the regular SB938 Engrossed -65- SRS91S0028PMch 1 school election in the year following the adoption of such 2 proposition, one member shall be elected from each school 3 board district, and the 7 members so elected shall, by lot, 4 determine one to serve for one year, 2 for 2 years, one for 3 5 years, 2 for 4 years, and one for 5 years. Thereafter their 6 respective successors shall be elected for terms of 5 years. 7 The terms of all incumbent members expire July 1 of the year 8 following the adoption of such a proposition. 9 Any school district which has adopted this Article may, 10 by referendum in accordance with Section 33-1a, adopt the 11 method of electing members of the board of education provided 12 in that Section. 13 Reapportionment of the voting districts provided for in 14 this Article or created pursuant to a court order, shall be 15 completed pursuant to Section 33-1c. 16 (Source: P.A. 82-1014; 86-1331.) 17 Section 99. Effective date. This Act takes effect upon 18 becoming law.