2005 Illinois 10 ILCS 5/ Election Code. Article 3 - Qualification Of Voters
(10 ILCS 5/Art. 3 heading)
QUALIFICATION OF VOTERS
(10 ILCS 5/3‑1)
(from Ch. 46, par. 3‑1)
Every person (i) who has resided in this State and in the
election district 30 days next preceding any election therein, or (ii) who
has resided in and is registered to vote from the election district 30 days
next preceding any election therein and has moved to another election district
in this State within said 30 days and has made and subscribed to the affidavit
provided in paragraph (b) of Section 17‑10 of this Act, or (iii) who has
resided in and is registered to vote from the election district 30 days next
preceding any election therein and has not moved to another residence but whose
address has changed as a result of implementation of a 9‑1‑1 emergency
telephone system and has made and subscribed to the affidavit provided in
subsection (a) of Section 17‑10, and who
is a citizen of the United States, of the age of 18 or more years is
entitled to vote at such election for all offices and on all
propositions. Any military establishment within the boundaries of
Illinois is "in this State" even though the government of the United
States may have exclusive jurisdiction over such establishment.
(Source: P.A. 90‑664, eff. 7‑30‑98.)
(10 ILCS 5/3‑1.2)
(from Ch. 46, par. 3‑1.2)
Eligibility to sign petition.
For the purpose
determining eligibility to sign a nominating
petition or a petition proposing a public question the terms "voter",
voter", "qualified voter", "legal voter", "elector", "qualified elector",
"primary elector" and "qualified primary elector" as used in this Code or
in another Statute shall mean a person who is registered to vote at the
address shown opposite his signature on the petition or was registered to
vote at such address when he signed the petition.
Any person, otherwise qualified under this Section, who has not moved to
another residence but whose address has changed as a result of implementation
of a 9‑1‑1 emergency telephone system shall be considered a "voter",
"registered voter", "qualified voter", "legal voter", "elector", "qualified
elector", "primary elector", and "qualified primary elector".
(Source: P.A. 91‑57, eff. 6‑30‑99; 92‑129, eff. 7‑20‑01.)
(10 ILCS 5/3‑1.3)
(from Ch. 46, par. 3‑1.3)
Whenever this Code or another Statute requires that a
nominating petition or a petition proposing a public question shall be
signed by a specified percentage of the registered voters of the State, a
political subdivision or district or precinct or combination of precincts,
the total number of voters to which the percentage is applied shall be the
number of voters who are registered in the State, political subdivision or
district or precinct or combination of precincts, as the case may be, on
the date registration closed before the regular election next preceding the
last day on which such petition may be filed in accordance with the general
election law. This Section does not apply to the determination of the
number of signatures required on a petition filed pursuant to Article IX of
The Liquor Control Act of 1934.
(Source: P.A. 84‑1467.)
(10 ILCS 5/3‑2)
(from Ch. 46, par. 3‑2)
(a) A permanent abode is necessary to constitute a
residence within the meaning of Section 3‑1. No elector or
spouse shall be deemed to have lost his or her residence in
any precinct or election district in this State by reason of
his or her absence on business of the United States, or of this State.
Nothing in this Section shall be construed to prevent homeless
individuals from registering to vote under the provisions of this Act.
(b) A homeless individual must have a mailing address in order to be
eligible to register to vote. For purposes of this Act, a mailing address
shall constitute a homeless individual's residence for voting purposes. A
mailing address of a homeless individual may include, but is not limited
to, a shelter, a day shelter, or a private residence.
Election authorities may by reasonable rules limit the place where
voter registration of homeless individuals may be taken and the class of
deputy registrars who may take the voter registration of homeless individuals.
(c) Nothing in this Act shall be construed to confer upon homeless
individuals any additional privileges or benefits other than the right to
register to vote and to be qualified to vote in an election under Articles
4, 5, and 6 of this Code.
(Source: P.A. 87‑1241.)
(10 ILCS 5/3‑3)
(from Ch. 46, par. 3‑3)
Every honorably discharged soldier or sailor who is an
inmate of any soldiers' and sailors' home within the State of Illinois or
any person who is a resident of a facility licensed or certified pursuant to the
Nursing Home Care Act
for 30 days or longer, and who is a citizen of the United States and has
resided in this State and in the election district 30 days next
preceding any election shall be entitled to vote in the election
district in which any such home in which he is an
inmate or resident is located, for all officers that now are or hereafter may be
elected by the people, and upon all questions that may be submitted to
the vote of the people: Provided, that he shall declare upon oath, that it
was his bona fide intention at the time he entered said home to become a
(Source: P.A. 86‑820.)
(10 ILCS 5/3‑4)
(from Ch. 46, par. 3‑4)
No patient of any hospital or mental institution in this State, shall by
virtue of his abode at such hospital or mental institution be deemed a
resident or legal voter in the town, city, village or election district or
precinct in which such hospital or mental institution may be situated; but
every such person shall be deemed a resident of the town, city, village or
election district or precinct in which he resided next prior to becoming a
patient of such hospital or mental institution. However, the term "hospital"
does not include skilled nursing facilities.
(Source: P.A. 79‑1123.)
(10 ILCS 5/3‑5)
(from Ch. 46, par. 3‑5)
No person who has been legally convicted, in this
or another State or in any federal court, of any crime, and
is serving a sentence of confinement in any penal institution,
or who has been convicted under any section of this Act and is
serving a sentence of confinement in any penal institution,
shall vote, offer to vote, attempt to vote or be permitted
to vote at any election until his release from confinement.
Confinement for purposes of this Section shall include any
person convicted and imprisoned but granted a furlough as
provided by Section 3‑11‑1 of the "Unified Code of Corrections",
or admitted to a work release program as provided by Section
3‑13‑2 of the "Unified Code of Corrections". Confinement shall
not include any person convicted and imprisoned but released on parole.
Confinement or detention in a jail pending acquittal or
conviction of a crime is not a disqualification for voting.
(Source: P.A. 94‑637, eff. 1‑1‑06.)
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