State of Illinois
92nd General Assembly
Legislation

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92_HB1792

 
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 1        AN ACT concerning the use of mail-in ballots  in  certain
 2    elections.

 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  4-11,  11-7,  12-1, 12-4, 13-1, 13-2, 14-1, 14-3.1,
 7    16-5, 17-1, 24A-6, and  24B-6,  and  adding  Article  19A  as
 8    follows:

 9        (10 ILCS 5/4-11) (from Ch. 46, par. 4-11)
10        Sec.  4-11.  Subject to the provisions of Article 19A, at
11    least 2 weeks prior to the general November election in  each
12    even  numbered  year  and  the  consolidated election in each
13    odd-numbered year the county clerk shall cause a list  to  be
14    made  for  each  precinct  of all names upon the registration
15    record cards not marked or  erased,  in  alphabetical  order,
16    with  the  address,  provided, that such list may be arranged
17    geographically, by street and  number,  in  numerical  order,
18    with  respect to all precincts in which all, or substantially
19    all residences of voters therein shall be  located  upon  and
20    numbered  along  streets,  avenues, courts, or other highways
21    which are either named or numbered, upon direction either  of
22    the  county  board or of the circuit court.  On the list, the
23    county clerk shall indicate, by italics, asterisk,  or  other
24    means, the names of all persons who have registered since the
25    last   regularly   scheduled  election  in  the  consolidated
26    schedule of elections established in Section 2A-1.1  of  this
27    Act.  The  county clerk shall cause such precinct lists to be
28    printed or typed in sufficient numbers to meet all reasonable
29    demands, and upon application a copy of  the  same  shall  be
30    given  to  any  person  applying therefor.  By such time, the
31    county clerk shall give the precinct lists to the chairman of
 
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 1    a county central committee of an established political party,
 2    as such party is defined in Section 10-2 of this Act,  or  to
 3    the  chairman's  duly  authorized  representative.  Within 30
 4    days of the effective date of this Amendatory  Act  of  1983,
 5    the county clerk shall give the precinct lists compiled prior
 6    to  the  general November election of 1982 to the chairman of
 7    county central committee of an established political party or
 8    to the chairman's duly authorized representative.
 9        Prior to the opening of the polls  for  other  elections,
10    the  county  clerk shall transmit or deliver to the judges of
11    election of each polling place a corrected list of registered
12    voters in the precinct, or the names of persons added to  and
13    erased  or  withdrawn  from  the  list for such precinct.  At
14    other times such list, currently  corrected,  shall  be  kept
15    available  for  public inspection in the office of the county
16    clerk.
17        Within 60 days after each  general  election  the  county
18    clerk shall indicate by italics, asterisk, or other means, on
19    the   list  of  registered  voters  in  each  precinct,  each
20    registrant who voted at  that  general  election,  and  shall
21    provide  a  copy  of  such list to the chairman of the county
22    central committee of each established political party  or  to
23    the chairman's duly authorized representative.
24        Within   60   days  after  the  effective  date  of  this
25    amendatory Act of 1983, the county clerk  shall  indicate  by
26    italics,  asterisk, or other means, on the list of registered
27    voters in each precinct, each registrant  who  voted  at  the
28    general  election  of  1982, and shall provide a copy of such
29    coded list to the chairman of the county central committee of
30    each established political party or to  the  chairman's  duly
31    authorized representative.
32        The county clerk may charge a fee to reimburse the actual
33    cost  of  duplicating    each  copy  of a list provided under
34    either of the 2 preceding paragraphs.
 
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 1    (Source: P.A. 90-358, eff. 1-1-98.)

 2        (10 ILCS 5/11-7) (from Ch. 46, par. 11-7)
 3        Sec. 11-7.   For  the  purpose  of  the  conduct  of  any
 4    consolidated election, consolidated primary election, special
 5    municipal   primary  election  or  emergency  referendum,  an
 6    election  authority  may  cluster  up  to   four   contiguous
 7    precincts as provided in this Section, which shall constitute
 8    a  clustered  voting  zone.  The common polling place for the
 9    clustered voting zone shall be located within  the  territory
10    comprising  the  clustered  precincts.   Unless  the election
11    authority specifies a larger number, only one election  judge
12    shall  be  appointed  for  each  of  the  precincts  in  each
13    clustered  voting  zone. The use of clustered voting zones in
14    consolidated elections shall be subject to the provisions  of
15    Article 19A regarding mail-in ballots.
16        The  judges  so  appointed may not all be affiliated with
17    the same political party.
18        The conduct of an election in  a  clustered  voting  zone
19    shall  be  under the general supervision of all the judges of
20    election designated to serve in the  clustered  voting  zone.
21    The  designated  judges  may  perform  the duties of election
22    judges for the entire clustered  voting  zone.  However,  the
23    requirements   of   Section   17-14   shall  apply  to  voter
24    assistance, the requirements of Section 24-10 shall apply  to
25    voter  instruction,  the  requirement of Section 24A-10 shall
26    apply to examination of absentee ballots, and any disputes as
27    to entitlement to vote, challenges, counting  of  ballots  or
28    other  matters pertaining directly to voting shall be decided
29    by those designated judges  appointed  for  the  precinct  in
30    which  the  affected voter resides or the disputed vote is to
31    be counted.
32        This  Section  does  not  apply  to  any   elections   in
33    municipalities with more than 1,000,000 inhabitants.
 
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 1    (Source: P.A. 90-358, eff. 1-1-98.)

 2        (10 ILCS 5/12-1) (from Ch. 46, par. 12-1)
 3        Sec.  12-1.   At  least 60 days prior to each general and
 4    consolidated election, the election authority  shall  provide
 5    public  notice,  calculated  to reach elderly and handicapped
 6    voters, of the availability of registration and  voting  aids
 7    under  the  Federal  Voting Accessibility for the Elderly and
 8    Handicapped Act, of the availability of assistance in marking
 9    the ballot, the  procedures  for  using  mail-in  ballots  in
10    elections  subject  to Article 19A, and procedures for voting
11    by absentee ballot.
12        At least 30 days before  any  general  election,  and  at
13    least  20 days before any special congressional election, the
14    county clerk shall publish a notice of the election in  2  or
15    more  newspapers  published  in  the  county,  city, village,
16    incorporated town or town, as the case may be, or if there is
17    no such newspaper, then in any 2 or more newspapers published
18    in the county and having a general circulation throughout the
19    community. The notice may be substantially as follows:
20        Notice is hereby given that on (give date), at (give  the
21    place of holding the election and the name of the precinct or
22    district) in the county of (name county), an election will be
23    held  for  (give  the  title  of  the  several  offices to be
24    filled), which  election  will  be  open  at  6:00  a.m.  and
25    continued open until 7:00 p.m. of that day.
26        Dated at .... on (insert date).
27    (Source: P.A. 90-358, eff. 1-1-98; 91-357, eff. 7-29-99.)

28        (10 ILCS 5/12-4) (from Ch. 46, par. 12-4)
29        Sec.  12-4.  Not more than 30 nor less than 10 days prior
30    to the date of  the  consolidated  election  and  nonpartisan
31    elections,  each  election  authority shall publish notice of
32    the election of officers of each political subdivision to  be
 
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 1    conducted  in  his or its jurisdiction on such election date.
 2    The notice of election shall be published once in one or more
 3    newspapers published in each political  subdivision,  and  if
 4    there  is  no such newspaper, then published once in a local,
 5    community  newspaper  having  general  circulation   in   the
 6    subdivision,  and  also  once in a newspaper published in the
 7    county  wherein  the  political  subdivisions   or   portions
 8    thereof, having such elections are situated.
 9        The  notice shall be substantially in the form prescribed
10    in Section 12-1, and may include notice of  the  location  of
11    the  precincts and polling places within or including part of
12    the political subdivision in which  the  election  is  to  be
13    conducted,  and  the  procedures for using mail-in ballots in
14    consolidated elections subject to Article 19A.
15        Not less than 10 days  before  each  such  election,  the
16    election  authority shall publish notice of the precincts and
17    the location of the polling places where the election will be
18    conducted for  political  subdivisions  wholly  or  partially
19    within  its jurisdiction.  The election authority shall cause
20    publication in  the  manner  heretofore  prescribed  for  the
21    notice of election.
22    (Source: P.A. 81-963.)

23        (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
24        Sec.  13-1.  In counties not under township organization,
25    the county board of commissioners shall at its meeting in May
26    in each even-numbered year appoint in each election  precinct
27    5  capable and discreet persons meeting the qualifications of
28    Section 13-4 to be judges of election. Where  neither  voting
29    machines   nor  electronic,  mechanical  or  electric  voting
30    systems are used, the county board may, for any precinct with
31    respect to which the board considers such action necessary or
32    desirable in view of the number  of  voters,  and  shall  for
33    general  elections  for any precinct containing more than 600
 
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 1    registered voters, appoint in addition to  the  5  judges  of
 2    election  a  team  of  5  tally judges. In such precincts the
 3    judges of election shall preside over the election during the
 4    hours the polls are open, and  the  tally  judges,  with  the
 5    assistance  of  the  holdover  judges  designated pursuant to
 6    Section 13-6.2, shall count the vote after the closing of the
 7    polls. However, the County Board of Commissioners may appoint
 8    3 judges of election to serve in lieu  of  the  5  judges  of
 9    election  otherwise  required by this Section to serve in any
10    emergency referendum, or in any odd-year regular election  or
11    in  any  special  primary  or special election called for the
12    purpose of filling a vacancy in the office of  representative
13    in  the  United States Congress or to nominate candidates for
14    such purpose.  If a consolidated election is conducted  under
15    Article  19A, the County Board of Commissioners shall appoint
16    a team of 5 tally judges to serve in lieu of the 5 judges  of
17    election otherwise required by this Section. The tally judges
18    shall  possess the same qualifications and shall be appointed
19    in the  same  manner  and  with  the  same  division  between
20    political parties as is provided for judges of election.
21        In  addition to such precinct judges, the county board of
22    commissioners shall appoint special panels of 3 judges  each,
23    who  shall  possess  the  same  qualifications  and  shall be
24    appointed in the same  manner  and  with  the  same  division
25    between  political parties as is provided for other judges of
26    election. The number of such panels of judges required  shall
27    be  determined by regulations of the State Board of Elections
28    which shall base the required numbers of  special  panels  on
29    the  number  of  registered voters in the jurisdiction or the
30    number of absentee ballots voted at recent elections, or  any
31    combination of such factors.
32        Such  appointment  shall  be  confirmed  by  the court as
33    provided in Section 13-3 of this  Article.  No  more  than  3
34    persons of the same political party shall be appointed judges
 
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 1    of  the  same  election precinct or election judge panel. The
 2    appointment shall be made in the following manner: The county
 3    board of commissioners shall select and approve 3 persons  as
 4    judges of election in each election precinct from a certified
 5    list,  furnished  by  the  chairman  of  the  County  Central
 6    Committee  of  the  first  leading  political  party  in such
 7    precinct; and the county board of  commissioners  shall  also
 8    select  and  approve  2 persons as judges of election in each
 9    election precinct from a certified  list,  furnished  by  the
10    chairman  of  the  County  Central  Committee  of  the second
11    leading  political  party.  However,  if  only  3  judges  of
12    election serve in each election  precinct,  no  more  than  2
13    persons  of  the  same  political  party  shall  be judges of
14    election in the same election precinct; and  which  political
15    party is entitled to 2 judges of election and which political
16    party   is  entitled  to  one  judge  of  election  shall  be
17    determined in the same manner as set forth in  the  next  two
18    preceding  sentences with regard to 5 election judges in each
19    precinct.  Such certified list shall be filed with the county
20    clerk not less than 10 days before the annual meeting of  the
21    county  board  of  commissioners. Such list shall be arranged
22    according to precincts. The chairman of each  county  central
23    committee shall, insofar as possible, list persons who reside
24    within  the  precinct  in  which they are to serve as judges.
25    However, he may, in his sole discretion, submit the names  of
26    persons 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. The county board of commissioners shall acknowledge
33    in writing to each county chairman the names of  all  persons
34    submitted  on  such  certified  list  and the total number of
 
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 1    persons listed thereon. If no such list is filed or such list
 2    is incomplete (that is, no names or an insufficient number of
 3    names are furnished  for  certain  election  precincts),  the
 4    county  board  of  commissioners  shall make or complete such
 5    list from  the  names  contained  in  the  supplemental  list
 6    provided  for  in  Section  13-1.1. The election judges shall
 7    hold their office for 2 years  from  their  appointment,  and
 8    until  their  successors  are  duly  appointed  in the manner
 9    provided in this Act. The county board of commissioners shall
10    fill all vacancies in the office of judge of election at  any
11    time in the manner provided in this Act.
12    (Source: P.A. 91-352, eff. 1-1-00.)

13        (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
14        Sec.  13-2.  In  counties under the township organization
15    the county  board  shall  at  its  meeting  in  May  in  each
16    even-numbered year except in counties containing a population
17    of  3,000,000 inhabitants or over and except when such judges
18    are appointed  by  election  commissioners,  select  in  each
19    election  precinct  in  the  county,  5  capable and discreet
20    persons to be  judges  of  election  who  shall  possess  the
21    qualifications  required  by  this Act for such judges. Where
22    neither  voting  machines  nor  electronic,   mechanical   or
23    electric  voting  systems are used, the county board may, for
24    any precinct with respect to which the board  considers  such
25    action  necessary  or  desirable  in  view  of  the number of
26    voters, and shall for  general  elections  for  any  precinct
27    containing  more  than  600  registered  voters,  appoint  in
28    addition  to  the  5  judges  of  election  a team of 5 tally
29    judges. In  such  precincts  the  judges  of  election  shall
30    preside  over  the  election  during  the hours the polls are
31    open, and the  tally  judges,  with  the  assistance  of  the
32    holdover  judges designated pursuant to Section 13-6.2, shall
33    count the vote after the closing  of  the  polls.  The  tally
 
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 1    judges  shall  possess  the  same qualifications and shall be
 2    appointed in the same  manner  and  with  the  same  division
 3    between  political  parties  as  is  provided  for  judges of
 4    election.
 5        However,  the  county  board  may  appoint  3  judges  of
 6    election to serve  in  lieu  of  the  5  judges  of  election
 7    otherwise  required by this Section to serve in any emergency
 8    referendum, or in any odd-year regular  election  or  in  any
 9    special primary or special election called for the purpose of
10    filling  a  vacancy  in  the  office of representative in the
11    United States Congress or to  nominate  candidates  for  such
12    purpose.
13        If  a  consolidated  election  is conducted under Article
14    19A, the county board shall appoint a team of 5 tally  judges
15    to  serve  in  lieu  of  the  5  judges of election otherwise
16    required by this Section.
17        In addition to such precinct  judges,  the  county  board
18    shall  appoint  special  panels  of  3 judges each, who shall
19    possess the same qualifications and shall be appointed in the
20    same manner and with  the  same  division  between  political
21    parties  as  is  provided  for  other judges of election. The
22    number of such panels of judges required shall be  determined
23    by  regulations  of the State Board of Elections, which shall
24    base the required number of special panels on the  number  of
25    registered  voters  in  the  jurisdiction  or  the  number of
26    absentee ballots voted at recent elections or any combination
27    of such factors.
28        No more than 3 persons of the same political party  shall
29    be   appointed  judges  in  the  same  election  district  or
30    undivided precinct. The election of the judges of election in
31    the various election precincts shall be made in the following
32    manner: The county board shall select and approve  3  of  the
33    election  judges  in  each  precinct  from  a  certified list
34    furnished by the chairman of the County Central Committee  of
 
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 1    the  first  leading political party in such election precinct
 2    and shall also select and approve 2  judges  of  election  in
 3    each election precinct from a certified list furnished by the
 4    chairman  of  the  County  Central  Committee  of  the second
 5    leading political party in such election  precinct.  However,
 6    if only 3 judges of election serve in each election precinct,
 7    no  more  than 2 persons of the same political party shall be
 8    judges of election in the same election precinct;  and  which
 9    political party is entitled to 2 judges of election and which
10    political party is entitled to one judge of election shall be
11    determined  in  the  same manner as set forth in the next two
12    preceding sentences with regard to 5 election judges in  each
13    precinct.   The  respective County Central Committee chairman
14    shall notify the county board by June 1 of each  odd-numbered
15    year  immediately  preceding the annual meeting of the county
16    board whether or not such certified list  will  be  filed  by
17    such  chairman.  Such  list  shall  be  arranged according to
18    precincts. The chairman  of  each  county  central  committee
19    shall,  insofar  as  possible, list persons who reside within
20    the precinct in which they are to serve as  judges.  However,
21    he  may,  in his sole discretion, submit the names of persons
22    who  reside  outside  the  precinct  but  within  the  county
23    embracing the precinct in which they are to serve.  He  must,
24    however,  submit  the  names  of  at least 2 residents of the
25    precinct for each precinct in which his party is  to  have  3
26    judges  and  must submit the name of at least one resident of
27    the precinct for each precinct in which his party is to  have
28    2  judges. Such certified list, if filed, shall be filed with
29    the county clerk not less than  20  days  before  the  annual
30    meeting   of   the  county  board.  The  county  board  shall
31    acknowledge in writing to each county chairman the  names  of
32    all  persons  submitted  on such certified list and the total
33    number of persons listed thereon. If no such list is filed or
34    the list is incomplete (that is, no names or an  insufficient
 
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 1    number   of   names   are   furnished  for  certain  election
 2    precincts), the county board shall make or complete such list
 3    from the names contained in the  supplemental  list  provided
 4    for  in  Section  13-1.1. Provided, further, that in any case
 5    where a township has been or shall be redistricted, in  whole
 6    or  in part, subsequent to one general election for Governor,
 7    and prior to the next, the judges of election to be  selected
 8    for  all  new  or altered precincts shall be selected in that
 9    one of the methods above detailed, which shall be  applicable
10    according  to  the  facts and circumstances of the particular
11    case, but the majority of such judges for each such  precinct
12    shall be selected from the first leading political party, and
13    the  minority judges from the second leading political party.
14    Provided, further, that in counties having  a  population  of
15    1,000,000  inhabitants  or  over  the  selection of judges of
16    election shall be made in the same manner in all respects  as
17    in  other  counties,  except  that the provisions relating to
18    tally judges are inapplicable to  such  counties  and  except
19    that  the county board shall meet during the month of January
20    for the purpose of making such selection and the chairman  of
21    each  county  central committee shall notify the county board
22    by the preceding October 1 whether or not the certified  list
23    will  be  filed.  Such  judges  of  election shall hold their
24    office for 2 years from their  appointment  and  until  their
25    successors  are duly appointed in the manner provided in this
26    Act. The county board shall fill all vacancies in the  office
27    of  judges  of  elections  at  any  time in the manner herein
28    provided.
29        Such selections under this Section shall be confirmed  by
30    the  circuit  court  as  provided  in  Section  13-3  of this
31    Article.
32    (Source: P.A. 91-352, eff. 1-1-00.)

33        (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
 
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 1        Sec.  14-1.  (a)  The  board  of  election  commissioners
 2    established or existing under Article 6 shall,  at  the  time
 3    and  in  the  manner  provided  in Section 14-3.1, select and
 4    choose 5 persons, men or women, as  judges  of  election  for
 5    each precinct in such city, village or incorporated town.
 6        Where  neither voting machines nor electronic, mechanical
 7    or electric voting systems are used, the  board  of  election
 8    commissioners may, for any precinct with respect to which the
 9    board considers such action necessary or desirable in view of
10    the number of voters, and shall for general elections for any
11    precinct  containing more than 600 registered voters, appoint
12    in addition to the 5 judges of election a  team  of  5  tally
13    judges.  In  such  precincts  the  judges  of  election shall
14    preside over the election during  the  hours  the  polls  are
15    open,  and  the  tally  judges,  with  the  assistance of the
16    holdover judges designated pursuant to Section 14-5.2,  shall
17    count  the  vote  after  the  closing of the polls. The tally
18    judges shall possess the same  qualifications  and  shall  be
19    appointed  in  the  same  manner  and  with the same division
20    between political  parties  as  is  provided  for  judges  of
21    election.   The   foregoing   provisions   relating   to  the
22    appointment of tally judges are inapplicable in counties with
23    a population of 1,000,000 or more.
24        If a consolidated election  is  conducted  under  Article
25    19A, the board of election commissioners shall appoint a team
26    of  5  tally  judges  to  serve  in  lieu  of the 5 judges of
27    election otherwise required by this Section.
28        (b)  To qualify as judges the persons must:
29             (1)  be citizens of the United States;
30             (2)  be of good repute and character;
31             (3)  be able to speak, read and  write  the  English
32        language;
33             (4)  be  skilled  in  the  4  fundamental  rules  of
34        arithmetic;
 
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 1             (5)  be of good understanding and capable;
 2             (6)  not   be  candidates  for  any  office  at  the
 3        election and not be elected committeemen;
 4             (7)  reside and be entitled to vote in the  precinct
 5        in  which they are selected to serve, except that in each
 6        precinct not more than one judge of  each  party  may  be
 7        appointed  from  outside  such  precinct.   Any  judge so
 8        appointed to serve in any precinct in  which  he  is  not
 9        entitled  to  vote  must  be  entitled  to vote elsewhere
10        within the county which encompasses the precinct in which
11        such judge is appointed and  such  judge  must  otherwise
12        meet the qualifications of this Section.
13        (c)  An  election  authority  may  establish a program to
14    permit a person who is not entitled to vote to  be  appointed
15    as  an  election  judge if, as of the date of the election at
16    which the person serves as a judge, he or she:
17             (1)  is a U.S. citizen;
18             (2)  is a senior in  good  standing  enrolled  in  a
19        public or private secondary school;
20             (3)  has a cumulative grade point average equivalent
21        to at least 3.0 on a 4.0 scale;
22             (4)  has  the  written  approval of the principal of
23        the secondary school he or she attends  at  the  time  of
24        appointment;
25             (5)  has  the  written approval of his or her parent
26        or legal guardian;
27             (6)  has  satisfactorily  completed   the   training
28        course  for  judges  of  election  described  in Sections
29        13-2.1, 13-2.2, and 14-4.1; and
30             (7)  meets all other qualifications for  appointment
31        and service as an election judge.
32        No  more  than  one  election judge qualifying under this
33    subsection may serve per political party per precinct.  Prior
34    to appointment, a judge qualifying under this subsection must
 
                            -14-               LRB9206298MWmb
 1    certify  in  writing  to the election authority the political
 2    party the judge chooses to affiliate with.
 3        Students  appointed  as  election   judges   under   this
 4    subsection  shall not be counted as absent from school on the
 5    day they serve as judges.
 6        (d)  The board of election  commissioners  may  select  2
 7    additional  judges  of  election,  one from each of the major
 8    political parties, for each 200 voters in excess  of  600  in
 9    any  precinct  having  more  than 600 voters as authorized by
10    Section  11--3.   These  additional  judges  must  meet   the
11    qualifications prescribed in this Section.
12    (Source: P.A. 91-352, eff. 1-1-00.)

13        (10 ILCS 5/14-3.1) (from Ch. 46, par. 14-3.1)
14        Sec.  14-3.1.  The board of election commissioners shall,
15    during the month of May of each  even-numbered  year,  select
16    for  each  election  precinct  within the jurisdiction of the
17    board 5 persons to be judges of election  who  shall  possess
18    the  qualifications required by this Act for such judges. The
19    selection shall  be  made  by  a  county  board  of  election
20    commissioners  in  the following manner:  the county board of
21    election commissioners shall select and approve 3 persons  as
22    judges of election in each election precinct from a certified
23    list   furnished  by  the  chairman  of  the  county  central
24    committee of  the  first  leading  political  party  in  that
25    precinct;  the  county  board  of election commissioners also
26    shall select and approve 2 persons as judges of  election  in
27    each election precinct from a certified list furnished by the
28    chairman  of  the  county  central  committee  of  the second
29    leading political party in that precinct.  The selection by a
30    municipal board of election commissioners shall  be  made  in
31    the  following  manner:  for each precinct, 3 judges shall be
32    selected from one of the 2 leading political parties and  the
33    other  2  judges  shall  be  selected  from the other leading
 
                            -15-               LRB9206298MWmb
 1    political party;  the parties entitled to  3  and  2  judges,
 2    respectively, in the several precincts shall be determined as
 3    provided  in  Section  14-4.   However,  a  Board of Election
 4    Commissioners may appoint three judges of election  to  serve
 5    in  lieu  of  the  5 judges of election otherwise required by
 6    this Section to serve in any emergency referendum, or in  any
 7    odd-year  regular  election  or  in  any  special  primary or
 8    special election called for the purpose of filling a  vacancy
 9    in the office of representative in the United States Congress
10    or to nominate candidates for such purpose.
11        If  a  consolidated  election  is conducted under Article
12    19A, a Board of Election Commissioners shall appoint  a  team
13    of  5  tally  judges  to  serve  in  lieu  of the 5 judges of
14    election otherwise required by this Section.
15        If only 3 judges  of  election  serve  in  each  election
16    precinct,  no more than 2 persons of the same political party
17    shall be judges of election in the  same  election  precinct,
18    and which political party is entitled to 2 judges of election
19    and  which  political  party  is  entitled  to  one  judge of
20    election shall be determined as set forth in this Section for
21    a county board of  election  commissioners'  selection  of  5
22    election  judges  in  each  precinct or in Section 14-4 for a
23    municipal  board  of  election  commissioners'  selection  of
24    election judges in each precinct, whichever  is  appropriate.
25    In  addition  to  such precinct judges, the board of election
26    commissioners shall appoint special panels of 3 judges  each,
27    who  shall  possess  the  same  qualifications  and  shall be
28    appointed in the same  manner  and  with  the  same  division
29    between  political parties as is provided for other judges of
30    election. The number of such panels of judges required  shall
31    be  determined by regulation of the State Board of Elections,
32    which shall base the required number of special panels on the
33    number of registered voters in the jurisdiction or the number
34    of  absentee  ballots  voted  at  recent  elections  or   any
 
                            -16-               LRB9206298MWmb
 1    combination  of  such factors.  A municipal board of election
 2    commissioners shall make the selections of persons  qualified
 3    under  Section  14-1  from  certified  lists furnished by the
 4    chairman of the respective county central committees of the 2
 5    leading political parties.  Lists furnished  by  chairmen  of
 6    county   central  committees  under  this  Section  shall  be
 7    arranged according to precincts. The chairman of each  county
 8    central  committee  shall,  insofar as possible, list persons
 9    who reside within the precinct in which they are to serve  as
10    judges.  However,  he may, in his sole discretion, submit the
11    names of persons who reside outside the precinct  but  within
12    the county embracing the precinct in which they are to serve.
13    He must, however, submit the names of at least 2 residents of
14    the  precinct for each precinct in which his party is to have
15    3 judges and must submit the name of at least one resident of
16    the precinct for each precinct in which his party is to  have
17    2  judges. The board of election commissioners shall no later
18    than March 1 of each even-numbered year notify  the  chairmen
19    of   the   respective  county  central  committees  of  their
20    responsibility to furnish such lists, and each such  chairman
21    shall  furnish  the  board of election commissioners with the
22    list for his party on or before May 1 of  each  even-numbered
23    year.  The  board of election commissioners shall acknowledge
24    in writing to each county chairman the names of  all  persons
25    submitted  on  such  certified  list  and the total number of
26    persons listed thereon. If no such list is furnished or if no
27    names or an insufficient number of names  are  furnished  for
28    certain  precincts, the board of election commissioners shall
29    make or complete such list from the names  contained  in  the
30    supplemental  list  provided for in Section 14-3.2. Judges of
31    election shall hold their  office  for  2  years  from  their
32    appointment  and until their successors are duly appointed in
33    the  manner  herein   provided.   The   board   of   election
34    commissioners  shall,  subject  to  the provisions of Section
 
                            -17-               LRB9206298MWmb
 1    14-3.2, fill  all  vacancies  in  the  office  of  judges  of
 2    election at any time in the manner herein provided.
 3        Such  selections under this Section shall be confirmed by
 4    the court as provided in Section 14-5.
 5    (Source: P.A. 89-471, eff. 6-13-96.)

 6        (10 ILCS 5/16-5) (from Ch. 46, par. 16-5)
 7        Sec. 16-5.  For  all  elections  to  which  this  Article
 8    applies,  the  county  clerks,  in their respective counties,
 9    shall have charge of the printing  of  the  ballots  for  all
10    elections, including referenda, and shall furnish them to the
11    judges  of  election. In municipalities and counties having a
12    board of election commissioners, such board shall have charge
13    of the printing of the ballots and furnish them to the judges
14    of election within the territory  under  their  jurisdiction.
15    Ballots  shall be printed and in possession of the respective
16    election authorities at least two days before  each  election
17    and subject to the inspection of candidates and their agents;
18    if any mistakes be discovered they shall be corrected without
19    delay.   If   a  consolidated  election  is  subject  to  the
20    provisions of Article 19A,  however,  the  ballots  shall  be
21    furnished  to  the  election  authority prior to the time the
22    ballots  are  to  be  mailed  to  the  voters.  The  election
23    authority shall cause  to  be  delivered  to  the  judges  of
24    election  at  the polling place of each precinct or district,
25    not less than twelve hours before the time fixed by  law  for
26    the  opening  of the polls therein, at least 10% more ballots
27    of the kind to be voted in such precinct or district than the
28    number of voters registered therein for the purposes of  such
29    election,  such  ballots  shall  be put up in separate sealed
30    packages, with marks on the outside clearly  designating  the
31    polling  place  for which they are intended and the number of
32    ballots enclosed, and receipt therefor shall be given by  the
33    judges  of election to whom they are delivered, which receipt
 
                            -18-               LRB9206298MWmb
 1    shall be preserved by the election  authority.  The  election
 2    authority  shall  provide  and  retain at its office an ample
 3    supply of ballots, in addition to those  distributed  to  the
 4    several  voting precincts or districts, and if at any time on
 5    or before the day of election the ballots  furnished  to  any
 6    precinct  shall  be  lost,  destroyed or exhausted before the
 7    polls are closed, on written application signed by a majority
 8    of the judges he  or  they  shall  immediately  cause  to  be
 9    delivered   to   such  judges  at  the  polling  place,  such
10    additional  supply  of  ballots  as  may  be   required   and
11    sufficient to comply with the provisions of this Act.
12        If  a  consolidated election is subject to the provisions
13    of Article 19A, the election authority shall, not  more  than
14    40 nor less than 5 days before the date of the election, mail
15    a ballot to each registered voter.
16    (Source: P.A. 80-1469.)

17        (10 ILCS 5/17-1) (from Ch. 46, par. 17-1)
18        Sec.   17-1.    Except  for  the  consolidated  elections
19    conducted under Article 19A, the polls shall be opened at the
20    hour of 6:00 a.m.  and continued open until 7:00 p.m. of  the
21    same day, at which time the polls shall be closed; but if the
22    judges  shall  not  attend  at the hour of six o'clock in the
23    morning, or if it shall be necessary for the electors present
24    to  appoint  judges  to  conduct  the  election,  as   herein
25    prescribed,  the  polls  may,  in that case, be opened at any
26    hour before the time for closing the same  shall  arrive,  as
27    the  case  may  require.  The  State Board of Elections shall
28    adopt rules for the conduct of elections under Article 19A.
29    (Source: P.A. 81-850; 81-1149.)

30        (10 ILCS 5/Art.19A heading new)
31        ARTICLE 19A.  MAIL-IN BALLOTS FOR CONSOLIDATED ELECTIONS
 
                            -19-               LRB9206298MWmb
 1        (10 ILCS 5/19A-5 new)
 2        Sec. 19A-5.  Voting in  consolidated  elections.  In  the
 3    year  2003,  any  qualified  elector of the State of Illinois
 4    having duly registered where  registration  is  required  may
 5    vote  at  the consolidated election for the offices listed in
 6    subsection (c) of Section 2A-1.2 through  ballots  mailed  to
 7    the  voter  and  returned to the proper election authority by
 8    mail.
 9        Each election authority shall compile and keep current  a
10    list  of  voters who are eligible to vote under this Article.
11    The list shall include  the  last  mailing  address  of  each
12    voter.

13        (10 ILCS 5/19A-10 new)
14        Sec.  19A-10.  Time  for  mailing ballots.  Each election
15    authority, not more than 40 nor less than 5 days  before  the
16    consolidated  election  held  in  April  of 2003, shall mail,
17    postage prepaid, an official ballot, or ballots if more  than
18    one are to be voted at the election, to each registered voter
19    eligible  to  vote under this Article.  The ballot or ballots
20    shall be mailed to each  voter's  last  mailing  address  and
21    shall   be  marked  "DO  NOT  FORWARD  -  ADDRESS  CORRECTION
22    REQUESTED"  or  any  other  similar  statement  that  is   in
23    accordance with United States postal service regulations.
24        The  election  authority  shall  maintain a list for each
25    election of the voters to whom ballots have been issued.  The
26    list  shall  be  maintained  for  each  precinct  within  the
27    jurisdiction of the election authority.

28        (10 ILCS 5/19A-15 new)
29        Sec. 19A-15.  Enclosure of ballots in unsealed  envelope;
30    certification;   instructions   for   marking  and  returning
31    ballots.  The election authority shall  fold  the  ballot  or
32    ballots  in  the  manner specified by the statute for folding
 
                            -20-               LRB9206298MWmb
 1    ballots prior to their deposit in the ballot box,  and  shall
 2    enclose  the  ballot or ballots in an unsealed envelope to be
 3    furnished by the election authority.  The envelope shall bear
 4    on its face the name, official title, and post office address
 5    of the election authority.
 6        The printed certificate  on  the  envelope  shall  be  in
 7    substantially the following form:
 8        "I  state that I am a resident of the .......... precinct
 9    of the (1)* township of .......... (2)*  city  of  ..........
10    (3)*  ..........  ward  in the city of .......... residing at
11    .......... in the city or town in the  county  of  ..........
12    and  State  of Illinois, that I have lived at the address for
13    ... months last past; and that I am lawfully entitled to vote
14    in the precinct at the election to be held on .......
15    * fill in either (1), (2), or (3).
16        I further state that I  personally  marked  the  enclosed
17    ballot  in  secret.   If  I received assistance in casting my
18    ballot, I further attest that, due to physical incapacity,  I
19    marked the enclosed ballot in secret with the assistance of
20                             .................................
21                             (Individual rendering assistance)
22                             .................................
23                             (Residence address)
24        Under  penalties of perjury provided by law under Section
25    29-10 of the Election Code, the  undersigned  certifies  that
26    the  statements  set forth in this certification are true and
27    correct.
28                                    ........................."
29        In addition, the election authority shall provide printed
30    slips  giving  full  instructions  regarding  the  manner  of
31    marking and returning the ballot in order that the  same  may
32    be  counted,  and  shall  furnish one of the printed slips to
33    each voter at the same time  the  ballot  is  mailed  to  the
34    voter.      The  instructions  shall  include  the  following
 
                            -21-               LRB9206298MWmb
 1    statement:  "In  signing  the  certification  on  the  ballot
 2    envelope, you are attesting that you personally  marked  this
 3    ballot  in  secret.  If you are physically unable to mark the
 4    ballot, a friend or relative may assist you after  completing
 5    the enclosed affidavit.  Federal and State laws prohibit your
 6    employer,  your  employer's  agent, or an officer or agent of
 7    your union from assisting physically disabled voters."
 8        In addition, if a ballot to be provided to a voter  under
 9    this   Section   contains  a  public  question  described  in
10    subsection (b) of Section 28-6 and the  territory  concerning
11    the  question  to be submitted is not described on the ballot
12    due to that space limitations of  the  ballot,  the  election
13    authority  shall  provide a printed copy of the notice of the
14    public question, which shall included a  description  of  the
15    territory in the manner required by Section 16-7.  The notice
16    shall  be  furnished  to  the voter at the time the ballot is
17    mailed to the voter.

18        (10 ILCS 5/19A-20 new)
19        Sec. 19A-20.  Certification of voters; return of ballots.
20    The voter shall  make  and  subscribe  to  the  certification
21    provided  for  on the return envelope for the ballot, and the
22    ballot or ballots shall be folded by the voter in the  manner
23    required  to  be  folded  before depositing the ballot in the
24    ballot box, and shall be deposited in the  envelope  and  the
25    envelope securely sealed. The voter shall then endorse his or
26    her certificate on the back of the envelope, and the envelope
27    shall  be  mailed  by  the  voter,  postage  prepaid,  to the
28    election authority issuing the ballot, or if more convenient,
29    it may be delivered in person, by either the voter  or  by  a
30    spouse, parent, child, brother, or sister of the voter, or by
31    a  company licensed by the Illinois Commerce Commission under
32    the Illinois Commercial Transportation Law that is engaged in
33    the business of making deliveries.  If a voter gives  his  or
 
                            -22-               LRB9206298MWmb
 1    her  ballot  and  ballot envelope to a spouse, parent, child,
 2    brother, or sister of the voter, or  to  a  company  that  is
 3    engaged  in the business of making deliveries for delivery to
 4    the election authority, the voter shall give an authorization
 5    form to the person making the delivery. The person making the
 6    delivery shall present  the  authorization  to  the  election
 7    authority.   The  authorization shall be in substantially the
 8    following form:
 9        "I        ..............        (voter)         authorize
10    ...................... to take my ballot to the office of the
11    election authority.
12    ........................          ...........................
13            Date                               Signature of voter
14    ........................          ...........................
15            Town                                          Address
16    ........................          ...........................
17            Date                          Signature of authorized
18                                             Individual
19    ........................          ...........................
20            Town                           Relationship (if any)"

21        (10 ILCS 5/19A-25 new)
22        Sec.  19A-25.  Receipt  of  ballots.  Upon receipt of the
23    voter's ballot, the  election  authority  shall  enclose  the
24    unopened  ballot in a large or carrier envelope that shall be
25    securely sealed and endorsed with the name and official title
26    of the officer and  the  words,  "This  envelope  contains  a
27    ballot and must be opened on election day", together with the
28    number and description of the precinct in which the ballot is
29    to  be  voted, and the officer shall safely keep the envelope
30    in his or her office until counted  as  provided  in  Section
31    19A-30.

32        (10 ILCS 5/19A-30 new)
 
                            -23-               LRB9206298MWmb
 1        Sec.  19A-30.  Counting of ballots.  The ballots received
 2    by the election authority before 7:00 p.m. of the day of  the
 3    consolidated  election  shall be counted at the office of the
 4    election authority by the tally judges, appointed under  this
 5    Code  for that purpose.  The counting shall commence no later
 6    than 8:00 p.m. The counting shall continue until all  ballots
 7    received have been counted.
 8        The  procedures  set  forth in Section 19A-35 of this Act
 9    and Articles 17 and 18  of  this  Code  shall  apply  to  all
10    ballots counted under this provision, including comparing the
11    signature  on  the  ballot envelope with the signature of the
12    voter on the permanent voter registration record  card  taken
13    from  the  master  file;  except  the votes shall be recorded
14    without regard to precinct designation, except  for  precinct
15    offices.

16        (10 ILCS 5/19A-35 new)
17        Sec.  19A-35.  Casting ballots; comparison of signatures;
18    rejection of  ballots.   The  tally  judges  shall  cast  the
19    voter's ballots separately, and as each ballot is taken shall
20    open  the  outer  or  carrier  envelope, announce the voter's
21    name, and  compare  the  signature  on  the  permanent  voter
22    registration  record card taken from the master file with the
23    signature upon the certification on the ballot envelope.   In
24    case  the  judges  find  the certification properly executed,
25    that the signatures correspond, and that the applicant  is  a
26    duly   qualified   elector,  they  shall  open  the  envelope
27    containing the ballot in such a manner as not  to  deface  or
28    destroy  the  certification,  or  mark  or  tear  the ballots
29    therein contained without unfolding or permitting the  ballot
30    to be unfolded or examined, and having endorsed the ballot in
31    like  manner  as  other  ballots are required to be endorsed,
32    shall deposit the same in the proper ballot box or boxes  and
33    enter  the  voter's  name in the poll book the same as if the
 
                            -24-               LRB9206298MWmb
 1    voter had been present and voted in person.  The judges shall
 2    place  the  ballot  certification  envelopes  in  a  separate
 3    envelope as per the direction of the election authority.  The
 4    envelope containing the ballot certification envelopes  shall
 5    be  retained  by the election authority and preserved in like
 6    manner as the official poll record.
 7        In case the signatures do not  correspond,  or  that  the
 8    voter  is  not  a  duly qualified elector, or that the ballot
 9    envelope is open or has been  opened  and  resealed,  without
10    opening  the envelope the judge of election shall mark across
11    the face thereof, "Rejected", giving the reason therefor.
12        In case the ballot envelope contains more than one ballot
13    of any kind, the ballots shall not be counted, but  shall  be
14    marked "Rejected", giving the reason therefor.
15        The  voter's  envelope, and the voter's envelope with its
16    contents  unopened  when  the  vote  is  rejected,  shall  be
17    retained and preserved in the manner  now  provided  for  the
18    retention  and  preservation  of official ballots rejected at
19    the election.

20        (10 ILCS 5/19A-40 new)
21        Sec.    19A-40.  Pollwatchers.     On    election    day,
22    pollwatchers shall be permitted  to  be  present  during  the
23    casting of the mail ballots, and the vote of any voter may be
24    challenged  for  cause  the same as if he or she were present
25    and voted in person, and the tally judges or  a  majority  of
26    them shall have power and authority to hear and determine the
27    legality   of  the  ballot;  provided,  however,  that  if  a
28    challenge to any voter's right to vote is  sustained,  notice
29    of  the  same  must  be  given  by  the  tally judges by mail
30    addressed to the voter's place of residence.
31        Where ballots are counted on the day of the  election  in
32    the  office  of the election authority as provided in Section
33    19A-30 of this Article, each political party, candidate,  and
 
                            -25-               LRB9206298MWmb
 1    qualified  civic  organization  shall  be  entitled  to  have
 2    present  one  pollwatcher  for  each panel of election judges
 3    therein assigned.  The pollwatchers shall be subject  to  the
 4    same provisions as are proscribed for pollwatchers in Section
 5    7-34  and  17-23  of  this  Code,  and  shall be permitted to
 6    observe the signature comparison between that which is on the
 7    ballot envelope and that which  is  on  the  permanent  voter
 8    registration record card taken from the master file.

 9        (10 ILCS 5/19A-45 new)
10        Sec.  19A-45.  Death  of  an elector before election day.
11    Whenever it shall be made to appear by due proof to the tally
12    judges that any elector who has marked and forwarded  his  or
13    her  ballot  as  provided in this Article has died before the
14    date of the election, then the ballot of the  deceased  voter
15    shall  be  retained by the tally judges in the same manner as
16    provided for rejected ballots; but the casting of the  ballot
17    of a deceased voter shall not invalidate the election.

18        (10 ILCS 5/19A-50 new)
19        Sec.  19A-50.  Application  to  jurisdiction using voting
20    machines.  In all jurisdictions in which voting machines  are
21    used,  all  the  provisions  of  the  Article relating to the
22    furnishing of ballot boxes, printing, and furnishing official
23    ballots and supplies in  the  number  provided  by  law,  the
24    canvassing of the ballots and making the proper return of the
25    result of the election shall, to the extent necessary to make
26    this Article effective, apply with full force and effect.

27        (10 ILCS 5/19A-55 new)
28        Sec.  19A-55.  Adoption of rules for mail-in ballots. (a)
29    The State Board of Elections shall  conduct  public  hearings
30    and  adopt rules and procedures for the implementation of the
31    use of mail-in ballots within 270 days  after  the  effective
 
                            -26-               LRB9206298MWmb
 1    date of this amendatory Act of the 91st General Assembly.
 2        (b)  In  addition  to any other duties prescribed by law,
 3    the State Board of Elections shall:
 4             (1)  prescribe the form of materials to be  used  in
 5        the conduct of mail-in ballot elections;
 6             (2)  establish   procedures   consistent  with  this
 7        Article for the conduct of mail-in ballot elections; and
 8             (3)  supervise  the  conduct   of   mail-in   ballot
 9        elections.

10        (10 ILCS 5/19A-60 new)
11        Sec.   19A-60.   Report.  After the consolidated election
12    in 2001, the State Board of  Elections  must  report  to  the
13    General  Assembly on the problems and successes of conducting
14    the election with mail-in ballots.

15        (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6)
16        Sec. 24A-6. The ballot information, whether placed on the
17    ballot  or  on  the  marking  device,  shall,   as   far   as
18    practicable,  be  in  the  order  of arrangement provided for
19    paper  ballots,  except  that  such  information  may  be  in
20    vertical or horizontal rows,  or  in  a  number  of  separate
21    pages.  Ballots for all questions or propositions to be voted
22    on must be provided in the same manner and must  be  arranged
23    on  or  in  the  marking device or on the ballot sheet in the
24    places provided for such purposes.
25        When an electronic voting system utilizes a ballot  label
26    booklet  and  ballot  card,  ballots  for candidates, ballots
27    calling  for  a  constitutional  convention,   constitutional
28    amendment   ballots,    judicial  retention  ballots,  public
29    measures, and all propositions to be voted upon may be placed
30    on the electronic voting device by providing  in  the  ballot
31    booklet  separate  ballot  label  pages  or  series  of pages
32    distinguished by differing colors as provided below.  When an
 
                            -27-               LRB9206298MWmb
 1    electronic voting system utilizes  a  ballot  sheet,  ballots
 2    calling   for  a  constitutional  convention,  constitutional
 3    amendment ballots and judicial  retention  ballots  shall  be
 4    placed on the ballot sheet by providing a separate portion of
 5    the  ballot sheet for each such kind of ballot which shall be
 6    printed in ink of a color distinct from the color of ink used
 7    in printing any other portion of the ballot  sheet.   Ballots
 8    for candidates, public measures and all other propositions to
 9    be  voted  upon  shall  be  placed  on  the  ballot  sheet by
10    providing a separate portion of the  ballot  sheet  for  each
11    such  kind  of  ballot.  Below the name of the last candidate
12    listed for an office shall be printed a  line  on  which  the
13    name  of  a  candidate  may  be  written  by  the  voter, and
14    immediately to the  left  of  such  line  an  area  shall  be
15    provided  for  marking  a  vote  for such write-in candidate.
16    More than one amendment to the constitution may be placed  on
17    the  same  ballot  page  or  series  of  pages or on the same
18    portion of the ballot sheet, as  the  case  may  be.   Ballot
19    label  pages for constitutional conventions or constitutional
20    amendments shall be on paper of blue color and shall  precede
21    all  other  ballot  label  pages in the ballot label booklet.
22    More than one public measure or proposition may be placed  on
23    the  same ballot label page or series of pages or on the same
24    portion of the ballot sheet, as the case may be.   More  than
25    one  proposition  for  retention  of  judges in office may be
26    placed on the same ballot label page or series of pages or on
27    the same portion of the ballot sheet, as  the  case  may  be.
28    Ballot  label pages for candidates shall be on paper of white
29    color, except that in primary elections the ballot label page
30    or pages for the  candidates  of  each  respective  political
31    party  shall  be  of  the  color  designated  by the election
32    official in charge of the election for that political party's
33    candidates; provided that the ballot label pages or pages for
34    candidates  for  use  at  the  nonpartisan  and  consolidated
 
                            -28-               LRB9206298MWmb
 1    elections may be on paper of different colors,  except  blue,
 2    whenever  necessary or desirable to facilitate distinguishing
 3    between the pages for different political subdivisions.    On
 4    each  page  of  the  candidate booklet, where the election is
 5    made  to  list  ballot  information  vertically,  the   party
 6    affiliation of each candidate or the word "independent" shall
 7    appear  immediately  to the left of the candidate's name, and
 8    the name of candidates for the same office  shall  be  listed
 9    vertically  under  the  title  of that office. In the case of
10    nonpartisan elections for officers of political subdivisions,
11    unless the  statute  or  an  ordinance  adopted  pursuant  to
12    Article  VII  of  the  Constitution  requires  otherwise, the
13    listing of such nonpartisan candidates shall not include  any
14    party  or  "independent"  designation. Ballot label pages for
15    judicial retention ballots shall be on paper of green  color,
16    and  ballot  label  pages  for  all public measures and other
17    propositions shall be on paper of  some  other  distinct  and
18    different  color.  In  primary  elections,  a separate ballot
19    label booklet, marking device and voting booth shall be  used
20    for  each  political party holding a primary, with the ballot
21    label booklet arranged to include ballot label pages  of  the
22    candidates  of  the  party  and  public  measures  and  other
23    propositions  to  be  voted  upon  on  the day of the primary
24    election.  One ballot card may  be  used  for  recording  the
25    voter's vote or choice on all such ballots, proposals, public
26    measures  or  propositions,  and  such  ballot  card shall be
27    arranged so as to record the voter's  vote  or  choice  in  a
28    separate  column  or  columns  for  each such kind of ballot,
29    proposal, public measure or proposition.
30        If the ballot label booklet includes both candidates  for
31    office  and  public  measures or propositions to be voted on,
32    the election official in charge of the election shall  divide
33    the  pages by protruding tabs identifying the division of the
34    pages,  and  printing   on   such   tabs   "Candidates"   and
 
                            -29-               LRB9206298MWmb
 1    "Propositions".
 2        The  ballot  card  and  all of its columns and the ballot
 3    card  envelope  shall  be  of  the   color   prescribed   for
 4    candidate's  ballots  at  the  general  or  primary election,
 5    whichever is being held.  At an election where no  candidates
 6    are being nominated or elected, the ballot card, its columns,
 7    and  the  ballot card envelope shall be of a color designated
 8    by the election official in charge of the election.
 9        The ballot cards, ballot card envelopes and ballot sheets
10    may, at the discretion of the election authority, be  printed
11    on white paper and then striped with the appropriate colors.
12        When ballot sheets are used, the various portions thereof
13    shall be arranged to conform to the foregoing format.
14        Absentee  ballots may consist of ballot cards, envelopes,
15    paper ballots or ballot sheets voted in person in the  office
16    of  the  election official in charge of the election or voted
17    by mail.  Where a ballot card is used for voting by  mail  it
18    must  be  accompanied by a punching tool or other appropriate
19    marking device, voter  instructions  and  a  specimen  ballot
20    showing  the  proper  positions to vote on the ballot card or
21    ballot sheet for  each  party,  candidate,  proposal,  public
22    measure or proposition, and in the case of a ballot card must
23    be  mounted on a suitable material to receive the punched out
24    chip.
25        Ballots for use in the  consolidated  election  conducted
26    under  Article  19A  may  consist of ballot cards, envelopes,
27    paper ballots, or ballot sheets.  Where a ballot card is used
28    for voting by mail it must be accompanied by a punching  tool
29    or  other appropriate marking device, voter instructions, and
30    a specimen ballot showing the proper positions to vote on the
31    ballot card or ballot sheet  for  each  candidate,  proposal,
32    public  measure,  or proposition, and in the case of a ballot
33    card must be mounted on a suitable material  to  receive  the
34    punched out chip.
 
                            -30-               LRB9206298MWmb
 1        Any  voter  who  spoils  his ballot or makes an error may
 2    return the ballot  to  the  judges  of  election  and  secure
 3    another.     However,  the  protruding  identifying  tab  for
 4    proposals for a constitutional convention  or  constitutional
 5    amendments   shall   have   printed  thereon  "Constitutional
 6    Ballot",  and  the  ballot  label  page  or  pages  for  such
 7    proposals shall precede the ballot label pages for candidates
 8    in the ballot label booklet.
 9    (Source: P.A. 89-700, eff. 1-17-97.)

10        (10 ILCS 5/24B-6)
11        Sec. 24B-6.  Ballot Information; Arrangement;  Electronic
12    Precinct  Tabulation  Optical  Scan Technology Voting System;
13    Absentee Ballots; Spoiled Ballots.  The  ballot  information,
14    shall,  as far as practicable, be in the order of arrangement
15    provided for paper ballots, except that the  information  may
16    be in vertical or horizontal rows, or on a number of separate
17    pages.  Ballots for all questions or propositions to be voted
18    on  should  be  provided  in  a  similar  manner  and must be
19    arranged on the ballot sheet in the places provided for  such
20    purposes.   Ballots  shall  be of white paper unless provided
21    otherwise by  administrative  rule  of  the  State  Board  of
22    Elections or otherwise specified.
23        All   propositions,   including   but   not   limited  to
24    propositions  calling  for   a   constitutional   convention,
25    constitutional  amendment,  judicial  retention,  and  public
26    measures  to  be  voted  upon  shall  be  placed  on separate
27    portions of the ballot sheet by  utilizing  borders  or  grey
28    screens.  Candidates shall be listed on a separate portion of
29    the ballot sheet by utilizing borders or grey screens.  Below
30    the  name of the last candidate listed for an office shall be
31    printed a line or lines on which the name of a  candidate  or
32    candidates may be written by the voter, and proximate to such
33    lines  an  area  shall  be provided for marking votes for the
 
                            -31-               LRB9206298MWmb
 1    write-in candidate or  candidates.  The  number  of  write-in
 2    lines  for an office shall equal the number of candidates for
 3    which a voter may vote.   More  than  one  amendment  to  the
 4    constitution  may be placed on the same portion of the ballot
 5    sheet. Constitutional convention or constitutional  amendment
 6    propositions  shall  be  printed on a separate portion of the
 7    ballot sheet and  designated  by  borders  or  grey  screens,
 8    unless otherwise provided by administrative rule of the State
 9    Board  of  Elections.    More  than  one  public  measure  or
10    proposition  may  be placed on the same portion of the ballot
11    sheet.  More than one proposition for retention of judges  in
12    office may be placed on the same portion of the ballot sheet.
13    Names  of  candidates  shall be printed in black.   The party
14    affiliation of each candidate or the word "independent" shall
15    appear near or under the candidate's name, and the  names  of
16    candidates  for  the  same  office shall be listed vertically
17    under the title of that office.  In the case  of  nonpartisan
18    elections  for officers of political subdivisions, unless the
19    statute or an ordinance adopted pursuant to  Article  VII  of
20    the   Constitution   requires   otherwise,   the  listing  of
21    nonpartisan  candidates  shall  not  include  any  party   or
22    "independent"  designation.  Judicial retention ballots shall
23    be designated by borders or grey screens.   Ballots  for  all
24    public measures and other propositions shall be designated by
25    borders  or  grey  screens.  In primary elections, a separate
26    ballot, shall be used for  each  political  party  holding  a
27    primary,  with  the  ballot  arranged to include names of the
28    candidates  of  the  party  and  public  measures  and  other
29    propositions to be voted upon  on  the  day  of  the  primary
30    election.
31        If  the  ballot  includes  both candidates for office and
32    public measures or propositions to be voted on, the  election
33    official in charge of the election shall divide the ballot in
34    sections  for  "Candidates"  and  "Propositions", or separate
 
                            -32-               LRB9206298MWmb
 1    ballots may be used.
 2        Absentee ballots may consist of envelopes, paper  ballots
 3    or  ballot  sheets  voted  in  person  in  the  office of the
 4    election official in charge of the election or voted by mail.
 5    Where a Precinct Tabulation Optical Scan Technology ballot is
 6    used for voting by mail  it  must  be  accompanied  by  voter
 7    instructions.
 8        Ballots  for  use  in the consolidated election conducted
 9    under Article 19A may consist of envelopes, paper ballots, or
10    ballot sheets.  Where  a  Precinct  Tabulation  Optical  Scan
11    Technology  ballot  is  used  for  voting  by mail it must be
12    accompanied by voter instructions.
13        Any voter who spoils his or her ballot, makes  an  error,
14    or   has  a  ballot  returned  by  the  automatic  tabulating
15    equipment may return the ballot to the judges of election and
16    get another ballot.
17    (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)

18        Section 10.  The State Mandates Act is amended by  adding
19    Section 8.25 as follows:

20        (30 ILCS 805/8.25 new)
21        Sec.  8.25.  Exempt  mandate.  Notwithstanding Sections 6
22    and 8 of this Act, no reimbursement by the State is  required
23    for  the  implementation  of  any  mandate  created  by  this
24    amendatory Act of the 92nd General Assembly.

25        Section  99.  Effective date.  This Act takes effect upon
26    becoming law.
 
                            -33-               LRB9206298MWmb
 1                                INDEX
 2               Statutes amended in order of appearance
 3    10 ILCS 5/4-11            from Ch. 46, par. 4-11
 4    10 ILCS 5/11-7            from Ch. 46, par. 11-7
 5    10 ILCS 5/12-1            from Ch. 46, par. 12-1
 6    10 ILCS 5/12-4            from Ch. 46, par. 12-4
 7    10 ILCS 5/13-1            from Ch. 46, par. 13-1
 8    10 ILCS 5/13-2            from Ch. 46, par. 13-2
 9    10 ILCS 5/14-1            from Ch. 46, par. 14-1
10    10 ILCS 5/14-3.1          from Ch. 46, par. 14-3.1
11    10 ILCS 5/16-5            from Ch. 46, par. 16-5
12    10 ILCS 5/17-1            from Ch. 46, par. 17-1
13    10 ILCS 5/Art.19A heading new
14    10 ILCS 5/19A-5 new
15    10 ILCS 5/19A-10 new
16    10 ILCS 5/19A-15 new
17    10 ILCS 5/19A-20 new
18    10 ILCS 5/19A-25 new
19    10 ILCS 5/19A-30 new
20    10 ILCS 5/19A-35 new
21    10 ILCS 5/19A-40 new
22    10 ILCS 5/19A-45 new
23    10 ILCS 5/19A-50 new
24    10 ILCS 5/19A-55 new
25    10 ILCS 5/19A-60 new
26    10 ILCS 5/24A-6           from Ch. 46, par. 24A-6
27    10 ILCS 5/24B-6
28    30 ILCS 805/8.25 new

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