There is a newer version of the Illinois Compiled Statutes
2005 Illinois 10 ILCS 5/ Election Code. Article 17 - Conduct of Elections and Making Returns
(10 ILCS 5/17‑1) (from Ch. 46, par. 17‑1)
Sec. 17‑1.
The polls shall be opened at the hour of 6:00 a.m.
and continued
open until 7:00 p.m. of the same day, at which time the polls shall be closed;
but if the judges shall not attend at the hour of six o'clock in the morning,
or if it shall be necessary for the electors present to appoint judges to
conduct the election, as herein prescribed, the polls may, in that case,
be opened at any hour before the time for closing the same shall arrive,
as the case may require.
(Source: P.A. 81‑850; 81‑1149.)
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(10 ILCS 5/17‑2) (from Ch. 46, par. 17‑2)
Sec. 17‑2.
Upon opening the polls one of the judges of election shall make
proclamation of the same, and at least 30 minutes before the closing of the
polls proclamation shall be made in like manner that the polls will be
closed in half an hour.
(Source: Laws 1957, p. 1450.)
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(10 ILCS 5/17‑3) (from Ch. 46, par. 17‑3)
Sec. 17‑3.
(a) Before voting begins, the ballot box shall be publicly opened and
exhibited, and the judges shall see that no ballot is in such box; after
which the box shall be locked and the key delivered to one of the judges,
and shall not be again opened until the close of the polls. This paragraph
(a) applies whenever permanent type ballot boxes are used, and does not
apply when non‑permanent type ballot boxes are used in accordance with
section 15‑1, paragraph (b).
(b) When non‑permanent type ballot boxes are used in accordance with
section 15‑1, paragraph (b), prior to the commencement of voting and before
any ballots are deposited therein, the judges shall examine each sealed
ballot box, show it to those present and insure that it is in fact sealed
and empty; the sealed slot shall be broken open before those present and
the box inspected to insure that it is empty and such ballot box shall not
be removed from public view from the time it is so inspected until after
the close of the polls. The sealed opening on the side of the box shall not
be unsealed or opened until after the close of the polls.
(Source: P. A. 77‑6.)
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(10 ILCS 5/17‑4) (from Ch. 46, par. 17‑4)
Sec. 17‑4.
Each of 2 judges of the election shall keep a poll list, which
shall contain a column headed "number", and another headed "names of
voters". The name of each elector voting shall be entered upon each of the
poll books by such judges, in regular succession, under the proper
headings, and the number of such voter placed opposite his name in the
column headed "number". This section shall not apply where Articles 4, 5 or
6 of this Act make provision for the use of an official poll record in
lieu of poll books.
(Source: Laws 1957, p. 1452.)
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(10 ILCS 5/17‑5) (from Ch. 46, par. 17‑5)
Sec. 17‑5.
The manner of voting shall be by ballot.
The ballot shall be
printed or written, or partly printed and partly written, and shall be,
except as otherwise provided in Article 8A, in form as prescribed in
Article 16 of this Act.
(Source: Laws 1964, 1st S.S., p. 711.)
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(10 ILCS 5/17‑6) (from Ch. 46, par. 17‑6)
Sec. 17‑6.
The names of all candidates for which the elector intends to
vote shall be written or printed upon the same ballot, and the office to
which he or she desires each to be elected shall be designated upon the ballot in
the manner prescribed in Article 16 of this Act.
(Source: P.A. 83‑333.)
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(10 ILCS 5/17‑7) (from Ch. 46, par. 17‑7)
Sec. 17‑7.
The judges of election of their respective election precincts or
election districts shall have charge of the ballots and furnish them to the
voter as herein set forth.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/17‑10) (from Ch. 46, par. 17‑10)
Sec. 17‑10.
(a) Whenever, at any election, in any precinct, any
person offering to vote is not personally known to the judges of
election to have the qualifications required in this Act, if his vote is
challenged by a legal voter at such election, he or she shall make and
subscribe an affidavit, in the following form, which shall be retained
by the judges of election, and returned by them affixed to the poll
books or with the official poll record:
State of Illinois) )ss. County of .......)
I, ...., do solemnly swear (or affirm) that I am a citizen of the
United States; that I am 18 years of age or over; that I have resided in this
State and in this election district 30 days next preceding this
election; that I have not voted at this election; that I am a duly
qualified voter in every respect; that I now reside at (here give the
particular house or place of residence, and, if in a town or city, the
street and number), in this election district; *1. that I registered to
vote from said address; *2. that I changed my residence to the above
address from ...., both of which are in this election district; *3.
that I changed my name from .... to that which I have signed below; *4. that
I have not changed my residence but my address has changed as a result of
implementation of a 9‑1‑1 emergency telephone system.
So help me God, (or "This I do solemnly and sincerely affirm", as the
case may be).
.........................
Subscribed and sworn to before me on (insert date).
.........................
*1. If registration is not required, draw a line through 1 above.
*2. Fill in the blank ONLY if you have moved within 2 years.
*3. Fill in the blank ONLY if you have changed your name within 2 years.
*4. Fill in the blank ONLY if you have not changed your residence but your
address has changed as a result of implementation of a 9‑1‑1 emergency
telephone system.
In addition to such an affidavit, the person so challenged shall
provide to the judges of election proof of residence by producing
two forms of identification showing the person's current residence address,
provided that such identification may include not more than one
piece of mail addressed to the person at his current residence address and
postmarked not earlier than 30 days prior to the date of the election, or
the person shall
procure a witness personally known to the judges of election, and
resident in the precinct (or district), or who shall be proved by some
legal voter of such precinct or district, known to the judges to be
such, who shall take the oath following, viz:
I do solemnly swear (or affirm) that I am a resident of this election
precinct (or district), and entitled to vote at this election, and that
I have been a resident of this State for 30 days last past, and am well
acquainted with the person whose vote is now offered; that he is an
actual and bona fide resident of this election precinct (or district),
and has resided herein 30 days, and as I verily believe, in this State,
30 days next preceding this election.
The oath in each case may be administered by either of the judges of
election, or by any officer, resident in the precinct or district,
authorized by law to administer oaths.
(b) Whenever, at any regular or special election, in any precinct, district,
city, village, incorporated town, town or ward, any person offering to vote
has moved therefrom within 30 days prior to said regular or special election,
he shall make and subscribe an affidavit, in the following form, which shall
be supported by
providing to the judges of election proof of residence by producing
two forms of identification showing the person's current residence address,
provided that such identification may include not more than one
piece of mail addressed to the person at his current residence address and
postmarked not earlier than 30 days prior to the date of the election, or by
one affidavit of a registered voter in the precinct, as provided
herein, both of which shall be retained by the judges of election, and
returned by them affixed to the poll books or with the official poll record:
State of Illinois) )ss. County of .......)
I, ........., do solemnly swear (or affirm) that I am a citizen of the
United States; that I am 18 years of age; that I have not
voted at this election; that prior to 30 days preceding this election I
was a duly qualified and registered voter in every respect in this election
district; that I have recently moved from (here give the particular house
or place of residence, and, if in a town or city, the street and number),
in this election district; that I now reside at (here give the particular
house or place of residence, and, if in a town or city, the street and number),
in another election district in the State.
So help me God, (or "This I do solemnly and sincerely affirm", as the
case may be).
......................
Subscribed and sworn to before me on (insert date).
......................
State of Illinois) )ss. County of .......)
......... Precinct ........ Ward
I, ........, do solemnly swear (or affirm), that I am a resident of this
precinct and entitled to vote at this election; that I am acquainted with
.... (name of the applicant); that I verily believe him to have been an
actual bona fide resident and registered voter of this precinct and that
he maintained a legal residence therein, 30 days next preceding this election.
....................
Subscribed and sworn to before me on (insert date).
....................
Judge of Election.
The oath may be administered by either of the judges of election, or by
any officer, resident in the precinct or district, authorized by law to
administer oaths.
(Source: P.A. 90‑664, eff. 7‑30‑98; 91‑357, eff. 7‑29‑99.)
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(10 ILCS 5/17‑12) (from Ch. 46, par. 17‑12)
Sec. 17‑12.
The ballot shall be folded by the voter and delivered to one of
the judges of election; and if the judge be satisfied, that the person
offering the vote is a legal voter, the judges of election shall enter the
name of the voter, and his number, under the proper heading in the poll
books, (except as otherwise provided in Articles 4, 5 or 6) and shall
immediately put the ballot into the ballot box.
The voter shall in like manner fold and deliver the separate blue ballot
or ballots pertaining to a proposal or proposals for constitutional
amendments or the calling of a constitutional convention, if such proposal
or proposals have been submitted to a vote of the people at such election
and shall also in like manner fold and deliver the separate representative
ballot provided for in Article 8A in cases where that Article is
applicable. The judge of election to whom the voter delivers his ballots
shall not accept the same unless all of the ballots given to the voter are
returned by him. If a voter delivers less than all of the ballots given to
him, the judge to whom the same are offered shall advise him in a voice
clearly audible to the other judges of election that the voter must return
the remainder of the ballots. The statement of the judge to the voter shall
clearly express the fact that the voter is not required to vote such
remaining ballots but that whether or not he votes them he must fold and
deliver them to the judge. In making such statement the judge of election
shall not indicate by word, gesture or intonation of voice that the
unreturned ballots shall be voted in any particular manner. No new voter
shall be permitted to enter the voting booth of a voter who has failed to
deliver the total number of ballots received by him until such voter has
returned to the voting booth pursuant to the judge's request and again quit
the booth with all of the ballots required to be returned by him. Upon
receipt of all such ballots the judges of election shall enter the name of
the voter, and his number, as above provided in this section, and the judge
to whom the ballots are delivered shall immediately put the ballots into
the ballot box but, in the case of an election for Representatives in the
General Assembly pursuant to Article 8A, the official representative ballot
shall be placed in the separate ballot box provided for such purpose. If
any voter who has failed to deliver all the ballots received by him refuses
to return to the voting booth after being advised by the judge of election
as herein provided, the judge shall inform the other judges of such
refusal, and thereupon the ballot or ballots returned to the judge shall be
deposited in the ballot box, the voter shall be permitted to depart from
the polling place, and a new voter shall be permitted to enter the voting
booth.
No judge of election shall accept from any voter less than the full
number of ballots received by such voter without first advising the voter
in the manner above provided of the necessity of returning all of the
ballots, nor shall any judge advise such voter in a manner contrary to that
which is herein permitted, or in any other manner violate the provisions of
this section; provided that the acceptance by a judge of election of less
than the full number of ballots delivered to a voter who refuses to return
to the voting booth after being properly advised by the judge shall not be
a violation of this section.
(Source: Laws 1964, 1st S.S., p. 711.)
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(10 ILCS 5/17‑13) (from Ch. 46, par. 17‑13)
Sec. 17‑13.
(a) In the case of an emergency, as determined by the
State Board of Elections, or if the Board determines that all potential
polling places have been surveyed by the election authority and that no
accessible polling place, as defined by rule of the State Board of
Elections, is available within a precinct nor is the election authority
able to make a polling place within the precinct temporarily accessible,
the Board, upon written application by the election authority, is
authorized to grant an exemption from the accessibility requirements of the
Federal Voting Accessibility for the Elderly and Handicapped Act (Public
Law 98‑435). Such exemption shall be valid for a period of 2 years.
(b) Any temporarily or permanently physically disabled voter who,
because of structural features of the building in which the polling place
is located, is unable to access or enter the polling place, may request
that 2 judges of election of opposite party affiliation deliver a ballot to
him or her at the point where he or she is unable to continue forward
motion toward the polling place; but, in no case, shall a ballot be
delivered to the voter beyond 50 feet of the entrance to the building in
which the polling place is located. Such request shall be made to the
election authority not later than the close of business at the election
authority's office on the day before the election and on a form prescribed
by the State Board of Elections. The election authority shall notify the
judges of election for the appropriate precinct polling places of such requests.
Weather permitting, 2 judges of election shall deliver to the
disabled voter the ballot which he or she is entitled to vote, a portable
voting booth or other enclosure that will allow such voter to mark his or
her ballot in secrecy, and a marking device.
(c) The voter must complete the entire voting process, including the
application for ballot from which the judges of election shall compare the
voter's signature with the signature on his or her registration record card
in the precinct binder.
After the voter has marked his or her ballot and placed it in the
ballot envelope (or folded it in the manner prescribed for paper ballots),
the 2 judges of election shall return the ballot to the polling place and
give it to the judge in charge of the ballot box who shall deposit it therein.
Pollwatchers as provided in Sections 7‑34 and 17‑23 of this Code shall
be permitted to accompany the judges and observe the above procedure.
No assistance may be given to such voter in marking his or her ballot,
unless the voter requests assistance and completes the affidavit required
by Section 17‑14 of this Code.
(Source: P.A. 84‑808.)
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(10 ILCS 5/17‑16) (from Ch. 46, par. 17‑16)
Sec. 17‑16.
If the voter marks more candidates than there are persons
to be elected to an office, or if for any reason it is impossible to
determine the voter's choice for any office to be filled, his ballot
shall not be counted for such office, provided that if the name of a
candidate appears in more than one column on the ballot as authorized by
this Act, and a ballot has been marked in his or her favor in more than one
column and the voter's intention is otherwise ascertainable, the
candidate shall receive only one vote from such ballot and the remaining
votes cast for him or her on such ballot shall not be counted. No ballot
without the official endorsement shall be deposited in the ballot box,
and none but ballots provided in accordance with the provisions of this
Act shall be counted. Ballots not counted shall be marked "defective" on
the back thereof, and ballots to which objection has been made by either
of the judges or challengers shall be marked "objected to" on the back
thereof, and a memorandum signed by the judges stating how it was
counted shall be written upon the back of each ballot so marked, and all
ballots marked defective or objected to shall be enclosed in an envelope
securely sealed and so marked and endorsed as to clearly disclose its
contents. The envelope to be used for enclosing ballots marked
"defective" or "objected to" shall bear upon its face, in large type,
the legend: "This envelope is for use after 7:00 P.M.
only." The envelope to be used for enclosing ballots spoiled by voters
while attempting to vote shall bear upon its face, in large type, the
legend: "This envelope is for use before 7:00 P.M.
only." All ballots not voted, and all that have been spoiled by voters
while attempting to vote, shall be returned by the judges of election to
the county clerk and a receipt taken therefor, and shall be preserved 2
months; the county clerk shall keep a record of the number of ballots
delivered for each polling place, the name of the person to whom and the
time when delivered, and he shall also enter upon such record the number
and character of ballots returned, with the time when and the person by
whom they are returned.
(Source: P.A. 84‑861.)
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(10 ILCS 5/17‑16.1) (from Ch. 46, par. 17‑16.1)
Sec. 17‑16.1.
Write‑in votes shall be counted only for persons who have
filed notarized declarations of intent to be write‑in candidates with
the proper election authority or authorities not later than 5:00 p.m. on
the
Tuesday immediately preceding the election.
Forms for the declaration of intent to be a write‑in candidate shall
be supplied by the election authorities. Such declaration shall specify
the office for which the person seeks election as a write‑in candidate.
The election authority or authorities shall deliver a list of all persons
who have filed such declarations to the election judges in the appropriate
precincts prior to the election.
A candidate for whom a nomination paper has been filed as a partisan
candidate at a primary election, and who is defeated for his or her
nomination at the primary election is ineligible to file a declaration of
intent to be a write‑in candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which candidates of
political parties are nominated by caucus who is a participant in the
caucus and who is defeated for his or her nomination at such caucus is
ineligible to file a declaration of intent to be a write‑in candidate for
election in that general or consolidated election.
A candidate seeking election to an office for which candidates are
nominated at a primary election on a nonpartisan basis and who is defeated
for his or her nomination at the primary election is ineligible to file a
declaration of intent to be a write‑in candidate for election in that
general or consolidated election.
Nothing in this Section shall be construed to apply to votes
cast under the provisions of subsection (b) of Section 16‑5.01.
(Source: P.A. 89‑653, eff. 8‑14‑96.)
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(10 ILCS 5/17‑17) (from Ch. 46, par. 17‑17)
Sec. 17‑17.
After the opening of the polls no adjournment shall be had
nor shall any recess be taken, until all the votes cast at such election
have been counted and the result publicly announced, except
that when
necessary one judge at a time may leave the polling place for a reasonable
time during the casting of ballots, and except that when a polling place is
inaccessible to a disabled voter, one team of 2 judges of opposite party
affiliation may leave the polling place to deliver a ballot to such voter,
as provided in Sections 7‑47.1 and 17‑13 of this Code. When a judge leaves
and returns, such judge shall sign a time sheet indicating the length of
the period such judge is absent from his duties. When absent, the judge
shall authorize someone of the same political party as himself to act for
him until he returns.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(10 ILCS 5/17‑18) (from Ch. 46, par. 17‑18)
Sec. 17‑18.
Immediately upon closing the polls the judges shall
proceed to canvass the votes polled. They shall first count the whole
number of ballots in the box. If 2 or more ballots are folded together
so as to appear to have been cast by the same person, all of the ballots
so folded together shall be marked and returned with the other ballots
in the same conditions, as near as may be, in which they were found when
first opened, but shall not be counted. If the remaining ballots shall
be found to exceed the number of applications for
ballot, the ballots shall be replaced in the box, and the box closed and
well shaken and again opened and one of the judges shall publicly draw
out so many ballots unopened as shall be equal to such excess; and the
number of the ballots agreeing with the poll lists, or being made to
agree. Such excess ballots shall be marked "Excess‑Not Counted" and
signed by a majority of the judges and shall be placed in the "After
6:00 p.m. Defective Ballots Envelope". The number of excess ballots
shall be noted in the remarks section of the Certificate of Results.
"Excess" ballots shall not be counted in the total of "defective"
ballots.
The judges shall then proceed to count and record the votes; and
when the judges of election shall open and read the ballots, 3 judges,
with at least one from each political party from which the precinct
judges were chosen, shall carefully and correctly mark down upon the
three tally sheets the vote each candidate has received, in a separate
box prepared for that purpose, with the name of such candidate at the
head of such box, and the office designated by the votes such candidate
shall fill. Whenever a proposition is submitted to the electors at the
same election, the ballots for or against such proposition shall always
be canvassed, counted or tallied. The votes shall be canvassed in the
room or place where the election is held, and the judges shall not allow
the ballot box, or any of the ballots, or the applications for ballot,
or any of the tally sheets to be removed or carried away from such room
or place, until the canvass of the vote is completed, and the returns
carefully enveloped and sealed up as provided by law.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 83‑333.)
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(10 ILCS 5/17‑18.1) (from Ch. 46, par. 17‑18.1)
Sec. 17‑18.1.
Wherever the judicial retention ballot to be used in
any general election contains the names of more than 15 judges on a
separate paper ballot, the County Clerk or Board of Election
Commissioners as the case may be, shall designate special judges of
election for the purpose of tallying and canvassing the votes cast for
and against the propositions for the retention of judges in office in
such places and at such times as the County Clerk or Board of Election
Commissioners determine. Special judges of election shall be designated
from certified lists submitted by the respective chairmen of the county
central committees of the two leading political parties. In the event
that the County Clerk or Board of Election Commissioners as the case may
be, decides that the counting of the retention ballots shall be
performed in the precinct where such ballots are cast, 2 special judges
of election shall be designated to tally and canvass the vote of each
precinct with one being named from each of the 2 leading political
parties.
In the event that the County Clerk or Board of Election Commissioners
decides that the judicial retention ballots from several precincts shall
be tallied and canvassed in a central or common location, then each
major political party shall be entitled to an equal number of special
election judges in each such central or common location. The County
Clerk or Board of Election Commissioners, as the case may be, shall
inform, no later than 75 days prior to such election, the respective
chairmen of the county central committees of the location or locations
where the counting of retention ballots will be done, the number of names
to be included on the certified lists, and the number of special
election judges to be selected from those lists. If the certified list
for either party is not submitted within thirty days after the chairmen
have been so informed, the County Clerk or Board of Election
Commissioners shall designate special judges of election for that party
in whatever manner it determines.
The County Clerk or Board of Election Commissioners shall apply to
the Circuit Court for the confirmation of the special judges of election
designated under this Section. The court shall confirm or refuse to
confirm such designations as the interest of the public may require.
Those confirmed shall be officers of the court and subject to its
disciplinary powers.
The County Clerk or Board of Election Commissioners shall, in the
exercise of sound discretion, prescribe the forms, materials and
supplies together with the procedures for completion and return thereof
for use in such election by special judges of election. The special
judges of election designated under this Section shall have full
responsibility and authority for tallying and canvassing the votes
pertaining to the retention of judges and the return of ballots and
supplies.
If the County Clerk or Board of Election Commissioners decides that
the counting of the retention ballots shall be performed in the precinct
where such ballots were cast, at least 2 ballot boxes shall be provided
for paper retention ballots, one of which shall be used from the opening
of the polls until 9:00 a.m. and from 12:00 noon until 3:00 p.m. and the
second of which shall be used from 9:00 a.m. until 12:00 noon and from
3:00 p.m. until the closing of the polls; provided that if additional
ballot boxes are provided, the additional boxes shall be used instead of
reusing boxes used earlier. At the close of each such period of use, a
ballot box used for retention ballots shall be immediately unsealed and
opened and the ballots therein counted and tallied by the special judges
of election. After counting and tallying the retention ballots, the
special judges of election shall place the counted ballots in a
container provided for that purpose by the County Clerk or Board of
Election Commissioners and clearly marked with the appropriate printing
and shall thereupon seal such container. One such container shall be
provided for each of the four time periods and clearly designated as the
container for the respective period. The tally shall be recorded on
sheets provided by the County Clerk or Board of Election Commissioners
and designated as tally sheets for the respective time periods. Before a
ballot box may be reused, it shall in the presence of all of the judges
of election be verified to be empty, whereupon it shall be resealed.
After the close of the polls, and after the tally of votes cast by
absentee voters, the special judges of election shall add together the
tallies of all the ballot boxes used throughout the day, and complete
the canvass of votes for retention of judges in the manner established
by this Act. All of these procedures shall be carried out within the
clear view of the other judges of election. The sealed containers of
used retention ballots shall be returned with other voted ballots to the
County Clerk or Board of Election Commissioners in the manner provided
by this Act.
The compensation of a special judge of election may not exceed $30
per judge per precinct or district canvassed.
This Section does not affect any other office or the conduct of any
other election held at the same time as the election for the retention
of judges in office.
(Source: P.A. 81‑850; 81‑1149.)
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(10 ILCS 5/17‑19) (from Ch. 46, par. 17‑19)
Sec. 17‑19.
(Repealed).
(Source: P.A. 77‑1762. Repealed by P.A. 89‑700, eff. 1‑17‑97.)
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(10 ILCS 5/17‑19.2) (from Ch. 46, par. 17‑19.2)
Sec. 17‑19.2.
Where a vacancy in nomination is filled pursuant to
Section 7‑61 or Section 10‑11, the absentee votes cast for the original
candidate on the first ballot shall not be counted. For this purpose, in
those jurisdictions where electronic voting systems are used, the
election authority shall determine a method by which the first ballots
containing the name of the original candidate may be segregated from the
revised ballots containing the name of the successor candidate and
separately counted.
Where a vacancy in nomination is not filled pursuant to Section 7‑61
or Section 10‑11, all votes cast for the original candidate shall be counted
for such candidate.
(Source: P.A. 84‑861.)
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(10 ILCS 5/17‑20) (from Ch. 46, par. 17‑20)
Sec. 17‑20.
When the canvass of the ballots has been completed, the
tally judges shall announce to the judges the total number of votes
received by each candidate; each judge of the election shall proclaim in
a loud voice the total number of votes received by each of the persons
voted for and the office for which he is designated, and the number of
votes for and number of votes against any proposition which has been
submitted to a vote of the people; such proclamation shall be prima
facie evidence of the result of such canvass of the ballots.
Immediately after making such proclamation the judges
shall designate one of their number to go
to the nearest telephone and report to the office of the county clerk
the results announced in such proclamation. The county clerk in such
counties shall keep his office open after the close of the polls on the
day of any election and thereafter until he has received from each
precinct in such county the report above provided for. Immediately upon
receiving such report the county clerk shall cause the same to be posted
in a public place in his office for inspection by the public.
Immediately after making such report such judge shall return to the
polling place.
After making such proclamation and before separating, the judges of
all counties shall fold or roll all of the ballots which have been
counted by them, except those ballots which have been in the ballot box
but have not been counted and marked "defective" or "objected to",
securely bind them, lengthwise and in width, with a soft cord having a
minimum tensile strength of 60 pounds, and wrap the same with heavy
wrapping paper on which the judges of election shall write their
signature and seal the package with filament over the
signatures and around the package lengthwise and crosswise, at least twice
each way, so that the
ballots cannot be removed from the package without breaking the seal and
the filament tape and disturbing the signatures, and enclose
the ballots so wrapped, together with the envelope containing the
ballots marked "defective" or "objected to", in a secure canvass
covering, which the judges of election shall sign and seal with
filament tape as above specified. The precinct judges of
election shall elect 2 judges (one from each of the major political
parties), who shall immediately return the ballots, in such sealed
canvass covering, to the election authority who
shall keep their respective offices, or any receiving stations designated
by them, open for at least 12 consecutive hours after the polls close, or
until the ballots from all precincts within the jurisdiction of any such
election authority are returned to the office of such election authority,
signed and sealed as above specified. Ballots returned to the office of an
election authority which are not signed and sealed as above specified shall
not be accepted until the judges returning the same sign and properly seal
the same. Upon acceptance of the returned ballots by the election
authority, the judges returning the same shall take a receipt signed by the
election authority and stamped with the time and date of such return. The
election judges whose duty it is to return any ballots as above provided
shall, in the event such ballots cannot be found when
needed, on proper request, produce the receipt which they are to take as
above provided. Upon receiving the ballots so returned, the election authority
shall carefully preserve the
ballots for 2 months, subject to their examination in a discovery recount
proceeding in accordance with law. However, where electronic voting systems
are used, the apparatus or frame in which the ballot booklet is contained
shall not be subject to the 2 month preservation requirement. At the expiration
of that time such election authority shall
remove the same from original package and shall destroy the same,
together with all unused ballots returned from the polling places. If any contest
of election is pending at such time in which such ballots may be
required as evidence, and such election authority has
notice thereof the same shall not be destroyed until after such contest
is finally determined.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 83‑1362.)
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(10 ILCS 5/17‑21) (from Ch. 46, par. 17‑21)
Sec. 17‑21.
When the votes shall have been examined and counted, the judges
shall set down on a sheet or return form to be supplied to them, the name of
every person voted for, written or printed at full length, the office
for which such person received such votes, and the number he did receive
and such additional information as is necessary to complete, as nearly
as circumstances will admit, the following form, to‑wit:
TALLY SHEET AND CERTIFICATE OF
RESULTS
We do hereby certify that at the .... election held in the precinct
hereinafter (general or special) specified on the .... day of ...., in
the year of our Lord, one thousand nine hundred and ...., a total of
.... voters requested and received ballots and we do further certify:
Number of blank ballots delivered to us ....
Number of absentee ballots delivered to us ....
Total number of ballots delivered to us ....
Number of blank and spoiled ballots returned.
(1) Total number of ballots cast (in box)....
.... Defective and Objected To ballots sealed in envelope
(2) .... Total number of ballots cast (in box)
Line (2) equals line (1)
We further certify that each of the candidates for representative in
the General Assembly received the number of votes ascribed to him on the
separate tally sheet.
We further certify that each candidate received the number of votes
set forth opposite his name or in the box containing his name on the
tally sheet contained in the page or pages immediately following our
signatures.
The undersigned actually served as judges and counted the ballots at
the election on the .... day of .... in the .... precinct of the (1)
*township of ...., or (2) *City of ...., or (3) *.... ward in the city
of .... and the polls were opened at 6:00 A.M. and closed at 7:00 P.M.
Certified by us.
*Fill in either (1), (2) or (3)
A B, ....(Address)
C D, ....(Address)
E F, ....(Address)
G H, ....(Address)
I J, ....(Address)
Each tally sheet shall be in substantially one of the following forms:
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(Source: P.A. 89‑700, eff. 1‑17‑97 .)
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(10 ILCS 5/17‑22) (from Ch. 46, par. 17‑22)
Sec. 17‑22.
The judges of election shall make the tally sheet and
certificate of results in triplicate. If, however, the number of
established political parties, as defined in Section 10‑2, exceeds 2,
one additional copy shall be made for each established political party
in excess of 2. One list of voters, or other proper return with such
certificate written thereon, and accompanying tally sheet footed up so
as to show the correct number of votes cast for each person voted for,
shall be carefully enveloped and sealed up by the judges of election, 2
of whom (one from each of the 2 major political parties) shall
immediately deliver same to the county clerk, or his deputy, at the
office of the county clerk, or to an officially designated receiving
station established by the county clerk where a duly authorized
representative of the county clerk shall receive said envelopes for
immediate transmission to the office of county clerk, who shall safely
keep them. The other certificates of results and accompanying tally
sheet shall be carefully enveloped and sealed up and duly directed,
respectively, to the chairman of the county central committee of each
then existing established political party, and by another of the judges
of election deposited immediately in the nearest United States letter
deposit. However, if any county chairman notifies the county clerk not
later than 10 days before the election of his desire to receive the
envelope addressed to him at the point and at the time same are
delivered to the county clerk, his deputy or receiving station designee
the envelopes shall be delivered to such county chairman or his designee
immediately upon receipt thereof by the county clerk, his deputy or his
receiving station designee. The person or persons so designated by a
county chairman shall sign an official receipt acknowledging receipt of
said envelopes. The poll book and tally list filed with the county clerk
shall be kept one year, and certified copies thereof shall be evidence
in all courts, proceedings and election contests. Before the returns are
sealed up, as aforesaid, the judges shall compare the tally papers,
footings and certificates and see that they are correct and duplicates
of each other, and certify to the correctness of the same.
At the nonpartisan and consolidated elections, the judges of election
shall make a tally sheet and certificate of results for each political
subdivision for which candidates or public questions are on the ballot
at such election, and shall sign, seal in a marked envelope and deliver
them to the county clerk with the other certificates of results herein
required. Such tally sheets and certificates of results may be
duplicates of the tally sheet and certificate of results otherwise
required by this Section, showing all votes for all candidates and
public questions voted for or upon in the precinct, or may be on
separate forms prepared by the election authority and showing only those
votes cast for candidates and public questions of each such political
subdivision.
Within 2 days of delivery of complete returns of the consolidated and
nonpartisan elections, the county clerk shall transmit an original,
sealed tally sheet and certificate of results from each precinct in his
jurisdiction in which candidates or public questions of a political
subdivision were on the ballot to the local election official of such
political subdivision. Each local election official, within 24 hours of
receipt of all of the tally sheets and certificates of results for all
precincts in which candidates or public questions of his political
subdivision were on the ballot, shall transmit such sealed tally sheets
and certificates of results to the canvassing board for that political
subdivision.
In the case of referenda for the formation of a political
subdivision, the tally sheets and certificates of results shall be
transmitted by the county clerk to the circuit court that ordered the
proposition submitted or to the officials designated by the court to
conduct the canvass of votes. In the case of school referenda for which
a regional superintendent of schools is responsible for the canvass of
votes, the county clerk shall transmit the tally sheets and certificates
of results to the regional superintendent of schools.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/17‑22.1) (from Ch. 46, par. 17‑22.1)
Sec. 17‑22.1.
Whenever a substitute judge is designated pursuant to Section 13‑7 or Section 14‑6 of this Act, the remaining judges shall sign a
certificate setting forth the pertinent facts and shall transmit such
certificate to the county clerk or board of election commissioners with the
tally sheets.
(Source: Laws 1959, p. 1083.)
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(10 ILCS 5/17‑24) (from Ch. 46, par. 17‑24)
Sec. 17‑24.
All elections in cities, villages and incorporated towns which
may have heretofore adopted or may hereafter adopt Article 6 of this Act
shall be held in accordance with the provisions of said Article and
Articles 14 and 18 and of those sections of this and other Articles
hereof that specifically apply to such cities, villages and incorporated
towns, except as to the manner of providing, printing and distributing
ballots, the form of ballots, the arrangement and the furnishing of polling
places and voting booths, and the manner of voting and the preserving of
ballots, all of which shall be in conformity with the provisions of the
foregoing Sections of this Article 17 and of Article 16 of this Act.
(Source: Laws 1943, vol. 2, p. 253 .)
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(10 ILCS 5/17‑25) (from Ch. 46, par. 17‑25)
Sec. 17‑25.
The days upon which the general elections for members of the
House of Representatives of this State shall hereafter be held shall be
holidays, and shall for all purposes whatever as regards the presenting for
payment or acceptance and of protesting and giving notice of the dishonor
of bills of exchange, bank checks and promissory notes and as regards days
of grace upon commercial paper, be treated and considered as is the first
day of the week, commonly called Sunday; provided, that no other election
day shall be treated and considered as a holiday.
(Source: Laws 1943, vol. 2, p. 253 .)
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(10 ILCS 5/17‑26) (from Ch. 46, par. 17‑26)
Sec. 17‑26.
During the hours of election or a primary in any election
precinct, or during the canvass of votes or of making returns thereof, no
person shall bring, take, order or send into, or shall attempt to bring,
take or send into any place of election or primary any distilled or
spirituous liquors whatever; or shall, at any such time and place drink or
partake of such liquor.
(Source: Laws 1963, p. 2532.)
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(10 ILCS 5/17‑27) (from Ch. 46, par. 17‑27)
Sec. 17‑27.
The sale of liquor on national, State and local election days is
governed by Section 6‑14 of "An Act relating
to alcoholic liquors", approved January 31, 1934, as now or hereafter
amended.
(Source: P.A. 82‑783.)
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(10 ILCS 5/17‑28) (from Ch. 46, par. 17‑28)
Sec. 17‑28.
No person shall, prior to an election or primary, knowingly
destroy or deface any list of candidates posted in accordance with the
provisions of The Election Code, nor, during any election or primary,
knowingly deface, tear down, remove or destroy any card of instructions or
specimen ballot printed and posted for the instruction of voters, nor
knowingly remove or destroy any of the supplies or conveniences furnished
to enable voters to prepare their ballots.
(Source: Laws 1963, p. 2532.)
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(10 ILCS 5/17‑29) (from Ch. 46, par. 17‑29)
Sec. 17‑29. (a) No judge of election, pollwatcher, or other person shall,
at any primary or election, do any electioneering or soliciting of votes
or engage in any political discussion within any polling place, within
100 feet of any polling place, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place; no person shall interrupt, hinder or
oppose any voter while approaching within those areas
for the purpose of voting. Judges of election shall enforce the
provisions of this Section.
(b) Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building
that is a private business, a public or private school, or a church or other organization founded
for the purpose of religious worship and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private building with 2 or more floors and the polling room is located on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection. Notwithstanding any other provision of this Section, a church or private school may choose to apply the campaign free zone to its entire property, and, if so, the markers shall be placed near the boundaries on the grounds adjacent to the thoroughfares or walkways leading to the entrances used by the voters.
The area on polling place property beyond the campaign free zone, whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are
open on an election day.
(c) The regulation of electioneering on polling place property on an
election
day, including but not limited to the placement of temporary signs, is an
exclusive power and function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to subsection (c) is
declared void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 93‑574, eff. 8‑21‑03; 93‑847, eff. 7‑30‑04.)
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(10 ILCS 5/17‑30) (from Ch. 46, par. 17‑30)
Sec. 17‑30.
Except as provided herein, each county shall provide for
and pay the costs and expenses of all elections within the county other
than within the jurisdiction of a municipal Board of Election
Commissioners, as well as the costs expended within the jurisdiction of
a municipal Board of Election Commissioners for the registration and canvassing
of voters in even‑numbered years. Each municipality with the first
Board of Election Commissioners established within a county shall provide
for and pay the costs and expenses of all elections within the jurisdiction
of the Board of Election Commissioners. The State shall reimburse each
county and municipality in the amount of the increase in compensation
provided in Public Acts 81‑850 and 81‑1149 and by this amendatory Act of
1998.
For each emergency referendum and each special election not conducted at
the time of a regular election, each county
and municipality responsible for paying for the costs and expenses shall
directly pay for or be reimbursed by every other political subdivision
for which officers or public questions are on the ballot within the
jurisdiction of the election authority of such county or municipality except
such costs and expenses as are required to be reimbursed by the State.
For each primary election for the nomination of municipal officers held
in a municipality with a population of 5000 or less in accordance with
Article 7, the county in which such municipality is located shall be
reimbursed by the municipality for all costs and expenses attributable to
such primary election, except for those costs and expenses required to be
reimbursed by the State. Each such political subdivision shall provide for
and shall promptly pay such reimbursement of the total costs and expenses
of that election attributable to its offices or propositions as the case
may be, not including such costs and expenses as are required to be
reimbursed by the State.
(Source: P.A. 90‑672, eff. 7‑31‑98.)
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(10 ILCS 5/17‑32) (from Ch. 46, par. 17‑32)
Sec. 17‑32.
(1) The following shall be added together to determine the
total costs and expenses of an emergency referendum or special election
not conducted at the time of a regular election
reimbursed to the county or municipality under the jurisdiction of a board
of election commissioners by the political subdivisions:
(a) The cost of printing and distributing ballots and other printed
material used in or for the election;
(b) The amounts paid to judges of election for election day duties;
(c) Extra office expenses of the election authority, including (i)
postage and (ii) compensation to temporary employees which are directly
attributable to election day and the canvass of the votes of political
subdivision candidates and propositions, whenever applicable;
(d) The cost of election day supplies used in the election;
(e) The cost of delivery and return of election day materials and
supplies, including voting machines and voting devices used in
connection with an electronic voting system; and
(f) The cost of renting polling places, computers and any other
property, the use of which is directly attributable to election day
activities.
(2) Any county of more than 1,000,000 inhabitants in which there is a
municipal board of election commissioners shall reimburse that
board for, or shall pay directly, the cost items hereinafter specified incurred
by that board in relation to the territory within its jurisdiction
for each general primary and general election and for any other election
where such cost items are incurred or increased as a result of the certification
of candidates or public questions by the county clerk to such board:
(a) The cost of printing and distributing ballots;
(b) The amounts paid to judges of election for election day duties;
(c) Costs attributable to the canvass of votes;
(d) The cost of delivery and return of election day materials and supplies,
including voting devices and equipment used in conjunction with an electronic
voting system; and
(e) The cost of renting polling places, computers, and other property,
the use of which is directly attributable to election day activities.
However, the State shall pay the amount of the increase in
compensation for judges of election, registrars and canvassers provided
in Public Acts 81‑850 and 81‑1149.
(Source: P.A. 83‑999.)
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(10 ILCS 5/17‑33) (from Ch. 46, par. 17‑33)
Sec. 17‑33.
Each election authority shall render a bill to the State
Board of Elections for the increase in compensation provided in Public Acts
81‑850 and 81‑1149, to the political subdivisions for the total costs
and expenses of said emergency referenda and special elections, and to
each municipality with a population of 5000 or less which has determined
that established political parties, within the meaning of Section 10‑2, shall
nominate candidates for municipal office in such municipality by primary in
accordance with Article 7. The election authority shall also transmit a
copy of such bills to the county treasurer or the municipal treasurer as the case may be.
Any dispute regarding the amount of election expenses billed to a
political subdivision under this Section shall be arbitrated by the
State Board of Elections. The decision of the State Board of Elections
in such an arbitration shall be enforceable against both the political
subdivision and the county, and such decision shall be a final
administrative decision for purposes of review under the
Administrative Review Law.
(Source: P.A. 83‑1337.)
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(10 ILCS 5/17‑43)
Sec. 17‑43.
Precinct tabulation optical scan technology
voting equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 17, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 89‑394, eff. 1‑1‑97.)
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(2) The fibers of paper on at least one edge of the | ||
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(3) An indentation on the chad from the stylus or | ||
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(b) Write‑in votes shall be counted in a manner consistent with the existing
provisions of this Code.
(c) For purposes of this Section, a "chad" is that portion of a ballot card
that a voter punches or perforates with a stylus or other designated marking
device to manifest his or her vote for a particular ballot position on a ballot
card as defined in subsection (a).
(d) Prior to the original counting of any punch card ballots, an election judge may not alter a punch card ballot in any manner, including, but not limited to, the removal or manipulation of chads.
(Source: P.A. 94‑645, eff. 8‑22‑05.) |
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