State of Illinois
92nd General Assembly
Legislation

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92_HB0614

 
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 1        AN ACT concerning elections.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Election  Code  is amended by changing
 5    Sections 7-43 and 7-44 as follows:

 6        (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
 7        Sec. 7-43.   Every person having resided in this State  6
 8    months and in the precinct 30 days next preceding any primary
 9    therein  who  shall  be a citizen of the United States of the
10    age of 18 or more years, shall be entitled to  vote  at  such
11    primary.
12        The   following   regulations   shall  be  applicable  to
13    primaries:
14        No person shall be entitled to vote at a primary:
15        (a)  Unless  he  declares  his  party   affiliations   as
16    required by this Article.
17        (b)  Who shall have signed the petition for nomination of
18    a  candidate  of  any party with which he does not affiliate,
19    when such candidate is to be voted for at the primary.
20        (a) (c)  Who shall have signed the nominating  papers  of
21    an  independent  candidate  for  any  office for which office
22    candidates for  nomination  are  to  be  voted  for  at  such
23    primary.
24        (b)  (c.5)  If  that  person has participated in the town
25    political party caucus, under Section 45-50 of  the  Township
26    Code,  of  another political party by signing an affidavit of
27    voters attending the caucus within 45 days before  the  first
28    day of the calendar month in which the primary is held.
29        (d)  If he has voted at a primary held under this Article
30    7  of  another political party within a period of 23 calendar
31    months next  preceding  the  calendar  month  in  which  such
 
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 1    primary is held: Provided, participation by a primary elector
 2    in a primary of a political party which, under the provisions
 3    of Section 7-2 of this Article, is a political party within a
 4    city,  village or incorporated town or town only and entitled
 5    hereunder to make nominations of candidates for city, village
 6    or incorporated town or town offices only, and for  no  other
 7    office  or offices, shall not disqualify such primary elector
 8    from participating in other  primaries  of  his  party:  And,
 9    provided,  that  no  qualified  voter shall be precluded from
10    participating in the primary of any purely city,  village  or
11    incorporated   town   or   town  political  party  under  the
12    provisions of Section 7-2 of this Article by reason  of  such
13    voter  having voted at the primary of another political party
14    within a period of 23  calendar  months  next  preceding  the
15    calendar month in which he seeks to participate is held.
16        (c)  (e)  In  cities,  villages  and  incorporated  towns
17    having   a   board  of  election  commissioners  only  voters
18    registered as provided by Article 6  of  this  Act  shall  be
19    entitled to vote at such primary.
20        (d) (f)  No person shall be entitled to vote at a primary
21    unless he is registered under the provisions of Articles 4, 5
22    or 6 of this Act, when his registration is required by any of
23    said  Articles  to  entitle  him to vote at the election with
24    reference to which the primary is held.
25    (Source: P.A. 89-331, eff. 8-17-95.)

26        (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
27        Sec. 7-44. (a) Any person desiring to vote at  a  primary
28    shall  state  his  or  her  name  and,  residence  and  party
29    affiliation   to  the  primary  judges,  one  of  whom  shall
30    thereupon announce the same in  a  distinct  tone  of  voice,
31    sufficiently  loud  to be heard by all persons in the polling
32    place. When article 4, 5 or 6 is applicable  the  Certificate
33    of  Registered  Voter  therein  prescribed  shall be made and
 
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 1    signed and the official poll record shall  be  made.  If  the
 2    person desiring to vote is not challenged, one of the primary
 3    judges  shall  give  to him or her one, and only one, primary
 4    ballot  of  each  of  the   established   political   parties
 5    nominating candidates for office at the primary election, but
 6    the  voter  may  cast  a  ballot of only one political party,
 7    except as otherwise provided in  subsection  (b)  party  with
 8    which  he  declares  himself affiliated, on the back of which
 9    the such primary judge shall endorse his or her  initials  in
10    such  manner that they may be seen when the primary ballot is
11    properly folded. If the person desiring to vote is challenged
12    he or she shall not receive a primary ballot from the primary
13    judges until he or she shall  have  established  his  or  her
14    right  to  vote  as  hereinafter provided in this Article. No
15    person who refuses to state his party  affiliation  shall  be
16    allowed to vote at a primary.
17        (b)  A  person  who  casts a ballot of declares his party
18    affiliation with a statewide established political party  and
19    requests  a primary ballot of such party may nonetheless also
20    declare his affiliation with a  political  party  established
21    only within a political subdivision, and may also vote in the
22    primary  of  a  such  local  political party established only
23    within a political subdivision  on  the  same  election  day,
24    provided  that the such voter may not vote in both such party
25    primaries with respect  to  offices  of  the  same  political
26    subdivision.    However,   no  person  casting  a  ballot  of
27    declaring  his  affiliation  with  a  statewide   established
28    political  party  may  vote  in  the  primary  of  any  other
29    statewide  political  party on the same election day. A space
30    shall be provided on the primary ballot indicating for  which
31    political party the voter cast his or her votes and the voter
32    may  mark the space on the ballot of only one political party
33    indicating that party, except as otherwise provided  in  this
34    Section.  If the voter desires to cast his or her ballot of a
 
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 1    statewide political party and a political  party  established
 2    only  within  a political subdivision, the voter may indicate
 3    that choice by marking the space provided on  the  ballot  of
 4    the  statewide  political party and by also marking the space
 5    provided on the ballot of  the  political  party  established
 6    only  within  a political subdivision.  If the voter does not
 7    mark the space on the primary ballot indicating the political
 8    party in which the voter cast his or  her  ballot,  or  marks
 9    more  than one such space, the judges of election shall count
10    only the votes of the political party in which the voter cast
11    a vote for the office nearest the top of the ballot.
12    (Source: P.A. 81-1535.)

13        Section 99.  Effective date.  This Act  takes  effect  on
14    January 1, 2002.

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