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SB2158 • 2026
ELEC CD-OPEN PRIMARY ELECTIONS
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
ELEC CD-OPEN PRIMARY ELECTIONS
Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Committee/3rd Reading Deadline Established As May 22, 2026
Rule 2-10 Committee/3rd Reading Deadline Established As May 15, 2026
Rule 2-10 Committee Deadline Established As April 24, 2026
Rule 2-10 Committee Deadline Established As March 27, 2026
To Elections
Re-assigned to Executive
Added as Co-Sponsor Sen. Graciela Guzmán
Rule 3-9(a) / Re-referred to Assignments
Rule 2-10 Committee/3rd Reading Deadline Established As June 1, 2025
Rule 2-10 Committee/3rd Reading Deadline Established As May 23, 2025
Rule 2-10 Committee/3rd Reading Deadline Established As May 9, 2025
Rule 2-10 Committee Deadline Established As April 11, 2025
To Elections
Assigned to Executive
Filed with Secretary by Sen. Rachel Ventura
First Reading
Referred to Assignments
ELEC CD-OPEN PRIMARY ELECTIONS
Illinois General Assembly - Full Text of SB2158 Select Language × The Illinois General Assembly offers the Google Translate™ service for visitor convenience. In no way should it be considered accurate as to the translation of any content herein. Visitors of the Illinois General Assembly website are encouraged to use other translation services available on the internet. The English language version is always the official and authoritative version of this website. NOTE: To return to the original English language version, select the "Show Original" button on the Google Translate™ menu bar at the top of the window. 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Full Text of SB2158 Home Legislation Full Text SB2158 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Printer Friendly Version Introduced Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2158 Introduced 2/7/2025, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 10 ILCS 5/4-22 from Ch. 46, par. 4-22 10 ILCS 5/5-29 from Ch. 46, par. 5-29 10 ILCS 5/5-30 from Ch. 46, par. 5-30 10 ILCS 5/6-66 from Ch. 46, par. 6-66 10 ILCS 5/6-67 from Ch. 46, par. 6-67 10 ILCS 5/7-2 from Ch. 46, par. 7-2 10 ILCS 5/7-3 from Ch. 46, par. 7-3 10 ILCS 5/7-5 from Ch. 46, par. 7-5 10 ILCS 5/7-10 from Ch. 46, par. 7-10 10 ILCS 5/7-43 from Ch. 46, par. 7-43 10 ILCS 5/7-44 from Ch. 46, par. 7-44 10 ILCS 5/7-60 from Ch. 46, par. 7-60 10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/19-4.5 new 10 ILCS 5/19-5 from Ch. 46, par. 19-5 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 10 ILCS 5/20-4 from Ch. 46, par. 20-4 10 ILCS 5/20-4.5 new 10 ILCS 5/20-5 from Ch. 46, par. 20-5 10 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/24A-5 from Ch. 46, par. 24A-5 10 ILCS 5/24A-6 from Ch. 46, par. 24A-6 10 ILCS 5/24B-6 10 ILCS 5/24C-6 10 ILCS 5/24C-11 10 ILCS 5/25-10 from Ch. 46, par. 25-10 10 ILCS 5/Art. 10 rep. Amends the Election Code. Provides that the 2 candidates in any primary election who receive the most votes in the primary election, regardless of the party affiliation of the candidates, shall be the only 2 candidates certified to participate in the general election. Makes conforming changes. Repeals an Article concerning the making of nominations in certain other cases. LRB104 10882 SPS 20964 b A BILL FOR SB2158 LRB104 10882 SPS 20964 b 1 AN ACT concerning elections. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5 The Election Code is amended by changing 5 Sections 4-22, 5-29, 5-30, 6-66, 6-67, 7-2, 7-3, 7-5, 7-10, 6 7-43, 7-44, 7-60, 19-3, 19-5, 19-8, 19-12.1, 20-3, 20-4, 20-5, 7 20-8, 24A-5, 24A-6, 24B-6, 24C-6, 24C-11, and 25-10 and by 8 adding Sections 19-4.5 and 20-4.5 as follows: 9 (10 ILCS 5/4-22) (from Ch. 46, par. 4-22) 10 Sec. 4-22. Except as otherwise provided in this Section 11 upon application to vote each registered elector shall sign 12 his name or make his mark as the case may be, on a certificate 13 substantially as follows: 14 CERTIFICATE OF REGISTERED VOTER 15 City of ....... Ward ....... Precinct ....... 16 Election ....... (Date) ....... (Month) ....... (Year) 17 Registration Record ....... 18 Checked by ....... 19 Voter's number .... 20 INSTRUCTION TO VOTERS 21 Sign this certificate and hand it to the election officer 22 in charge. After the registration record has been checked, the 23 officer will hand it back to you. Whereupon you shall present SB2158 - 2 - LRB104 10882 SPS 20964 b 1 it to the officer in charge of the ballots. 2 I hereby certify that I am registered from the address 3 below and am qualified to vote. 4 Signature of voter ....... 5 residence address ....... 6 An individual shall not be required to provide his social 7 security number when applying for a ballot. He shall not be 8 denied a ballot, nor shall his ballot be challenged, solely 9 because of his refusal to provide his social security number. 10 Nothing in this Act prevents an individual from being 11 requested to provide his social security number when the 12 individual applies for a ballot. If, however, the certificate 13 contains a space for the individual's social security number, 14 the following notice shall appear on the certificate, 15 immediately above such space, in bold-face capital letters, in 16 type the size of which equals the largest type on the 17 certificate: 18 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT 19 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. 20 HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS OR HER 21 BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER REFUSAL TO 22 PROVIDE HIS OR HER SOCIAL SECURITY NUMBER." 23 The certificates of each State-wide political party at a 24 general primary election shall be separately printed upon 25 paper of uniform quality, texture and size, but the 26 certificates of no 2 State-wide political parties shall be of SB2158 - 3 - LRB104 10882 SPS 20964 b 1 the same color or tint. However, if the election authority 2 provides computer generated applications with the precinct, 3 ballot style and voter's name and address preprinted on the 4 application, a single application may be used for State-wide 5 political parties if it contains spaces or check-off boxes to 6 indicate the political party. Such application shall not 7 entitle the voter to vote in the primary of more than one 8 political party at the same election. 9 At the consolidated primary, such certificates may contain 10 spaces or checkoff boxes permitting the voter to request a 11 primary ballot of any other political party which is 12 established only within a political subdivision and for which 13 a primary is conducted on the same election day. Such 14 application shall not entitle the voter to vote in both the 15 primary of the State-wide political party and the primary of 16 the local political party with respect to the offices of the 17 same political subdivision. In no event may a voter vote in 18 more than one State-wide primary on the same day. 19 The judges in charge of the precinct registration files 20 shall compare the signature upon such certificate with the 21 signature on the registration record card as a means of 22 identifying the voter. Unless satisfied by such comparison 23 that the applicant to vote is the identical person who is 24 registered under the same name, the judges shall ask such 25 applicant the questions for identification which appear on the 26 registration card, and if the applicant does not prove to the SB2158 - 4 - LRB104 10882 SPS 20964 b 1 satisfaction of a majority of the judges of the election 2 precinct that he is the identical person registered under the 3 name in question then the vote of such applicant shall be 4 challenged by a judge of election, and the same procedure 5 followed as provided by law for challenged voters. 6 In case the elector is unable to sign his name, a judge of 7 election shall check the data on the registration card and 8 shall check the address given, with the registered address, in 9 order to determine whether he is entitled to vote. 10 One of the judges of election shall check the certificate 11 of each applicant for a ballot after the registration record 12 has been examined, and shall sign his initials on the 13 certificate in the space provided therefor, and shall enter 14 upon such certificate the number of the voter in the place 15 provided therefor, and make an entry in the voting record 16 space on the registration record, to indicate whether or not 17 the applicant voted. Such judge shall then hand such 18 certificate back to the applicant in case he is permitted to 19 vote, and such applicant shall hand it to the judge of election 20 in charge of the ballots. The certificates of the voters shall 21 be filed in the order in which they are received and shall 22 constitute an official poll record. The term "poll lists" and 23 "poll books", where used in this Article, shall be construed 24 to apply to such official poll record. 25 After each general primary election the county clerk shall 26 indicate by color code or other means next to the name of each SB2158 - 5 - LRB104 10882 SPS 20964 b 1 registrant on the list of registered voters in each precinct 2 the primary ballot of a political party that the registrant 3 requested at that general primary election. The county clerk, 4 within 60 days after the general primary election, shall 5 provide a copy of this coded list to the chair of the county 6 central committee of each established political party or to 7 the chair's duly authorized representative. 8 Within 60 days after the effective date of this amendatory 9 Act of 1983, the county clerk shall provide to the chair of the 10 county central committee of each established political party 11 or to the chair's duly authorized representative the list of 12 registered voters in each precinct at the time of the general 13 primary election of 1982 and shall indicate on such list by 14 color code or other means next to the name of a registrant the 15 primary ballot of a political party that the registrant 16 requested at the general primary election of 1982. 17 The county clerk may charge a fee to reimburse the actual 18 cost of duplicating each copy of a list provided under either 19 of the 2 preceding paragraphs. 20 Where an elector makes application to vote by signing and 21 presenting the certificate provided by this Section, and his 22 registration record card is not found in the precinct registry 23 of voters, but his name appears as that of a registered voter 24 in such precinct upon the printed precinct register as 25 corrected or revised by the supplemental list, or upon the 26 consolidated list, if any, and whose name has not been erased SB2158 - 6 - LRB104 10882 SPS 20964 b 1 or withdrawn from such register, the printed precinct register 2 as corrected or revised by the supplemental list, or 3 consolidated list, if any, shall be prima facie evidence of 4 the elector's right to vote upon compliance with the 5 provisions hereinafter set forth in this Section. In such 6 event one of the judges of election shall require an affidavit 7 by such person and one voter residing in the precinct before 8 the judges of election, substantially in the form prescribed 9 in Section 17-10 of this Act, and upon the presentation of such 10 affidavits, a certificate shall be issued to such elector, and 11 upon the presentation of such certificate and affidavits, he 12 shall be entitled to vote. 13 Provided, however, that applications for ballots made by 14 registered voters under the provisions of Article 19 of this 15 Act shall be accepted by the Judges of Election in lieu of the 16 "Certificate of Registered Voter" provided for in this 17 Section. 18 When the county clerk delivers to the judges of election 19 for use at the polls a supplemental or consolidated list of the 20 printed precinct register, he shall give a copy of the 21 supplemental or consolidated list to the chair of a county 22 central committee of an established political party or to the 23 chair's duly authorized representative. 24 Whenever 2 or more elections occur simultaneously, the 25 election authority charged with the duty of providing 26 application certificates may prescribe the form thereof so SB2158 - 7 - LRB104 10882 SPS 20964 b 1 that a voter is required to execute only one, indicating in 2 which of the elections he desires to vote. 3 After the signature has been verified, the judges shall 4 determine in which political subdivisions the voter resides by 5 use of the information contained on the voter registration 6 cards or the separate registration lists or other means 7 approved by the State Board of Elections and prepared and 8 supplied by the election authority. The voter's certificate 9 shall be so marked by the judges as to show the respective 10 ballots which the voter is given. 11 (Source: P.A. 100-1027, eff. 1-1-19 .) 12 (10 ILCS 5/5-29) (from Ch. 46, par. 5-29) 13 Sec. 5-29. Upon application to vote, except as hereinafter 14 provided for absent electors, each registered elector shall 15 sign his name or make his mark as the case may be, on a 16 certificate substantially as follows: 17 "Certificate of Registered Voter 18 Town of................District or Precinct Number..........; 19 City of................Ward...............Precinct..........; 20 Village of................................Precinct..........; 21 Election..................................................... 22 (date) (month) (year) 23 Registration record 24 Checked by..................... 25 Voter's number.................. SB2158 - 8 - LRB104 10882 SPS 20964 b 1 Instruction to voters 2 Sign this certificate and hand it to the election officer 3 in charge. After the registration record has been checked, the 4 officer will hand it back to you. Whereupon you shall present 5 it to the officer in charge of the ballots. 6 I hereby certify that I am registered from the address 7 below and am qualified to vote. 8 Signature of voter ............... 9 Residence address ..............." 10 An individual shall not be required to provide his social 11 security number when applying for a ballot. He shall not be 12 denied a ballot, nor shall his ballot be challenged, solely 13 because of his refusal to provide his social security number. 14 Nothing in this Act prevents an individual from being 15 requested to provide his social security number when the 16 individual applies for a ballot. If, however, the certificate 17 contains a space for the individual's social security number, 18 the following notice shall appear on the certificate, 19 immediately above such space, in bold-face capital letters, in 20 type the size of which equals the largest type on the 21 certificate: 22 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT 23 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. 24 HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS OR HER 25 BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER REFUSAL TO 26 PROVIDE HIS OR HER SOCIAL SECURITY NUMBER." SB2158 - 9 - LRB104 10882 SPS 20964 b 1 Certificates as above prescribed shall be furnished by the 2 county clerk for all elections. 3 The Judges in charge of the precinct registration files 4 shall compare the signature upon such certificate with the 5 signature on the registration record card as a means of 6 identifying the voter. Unless satisfied by such comparison 7 that the applicant to vote is the identical person who is 8 registered under the same name, the Judges shall ask such 9 applicant the questions for identification which appear on the 10 registration card and if the applicant does not prove to the 11 satisfaction of a majority of the judges of the election 12 precinct that he is the identical person registered under the 13 name in question then the vote for such applicant shall be 14 challenged by a Judge of Election, and the same procedure 15 followed as provided by law for challenged voters. 16 In case the elector is unable to sign his name, a Judge of 17 Election shall check the data on the registration card and 18 shall check the address given, with the registered address, in 19 order to determine whether he is entitled to vote. 20 One of the Judges of election shall check the certificate 21 of each applicant for a ballot after the registration record 22 has been examined and shall sign his initials on the 23 certificate in the space provided therefor, and shall enter 24 upon such certificate the number of the voter in the place 25 provided therefor, and make an entry in the voting record 26 space on the registration record, to indicate whether or not SB2158 - 10 - LRB104 10882 SPS 20964 b 1 the applicant voted. Such judge shall then hand such 2 certificate back to the applicant in case he is permitted to 3 vote, and such applicant shall hand it to the judge of election 4 in charge of the ballots. The certificates of the voters shall 5 be filed in the order in which they are received and shall 6 constitute an official poll record. The term "Poll Lists" and 7 "Poll Books" where used in this article 5 shall be construed to 8 apply to such official poll records. 9 After each general primary election the county clerk shall 10 indicate by color code or other means next to the name of each 11 registrant on the list of registered voters in each precinct 12 the primary ballot of a political party that the registrant 13 requested at that general primary election. The county clerk, 14 within 60 days after the general primary election, shall 15 provide a copy of this coded list to the chair of the county 16 central committee of each established political party or to 17 the chair's duly authorized representative. 18 Within 60 days after the effective date of this amendatory 19 Act of 1983, the county clerk shall provide to the chair of the 20 county central committee of each established political party 21 or to the chair's duly authorized representative the list of 22 registered voters in each precinct at the time of the general 23 primary election of 1982 and shall indicate on such list by 24 color code or other means next to the name of a registrant the 25 primary ballot of a political party that the registrant 26 requested at the general primary election of 1982. SB2158 - 11 - LRB104 10882 SPS 20964 b 1 The county clerk may charge a fee to reimburse the actual 2 cost of duplicating each copy of a list provided under either 3 of the 2 preceding paragraphs. 4 Where an elector makes application to vote by signing and 5 presenting the certificate provided by this Section, and his 6 registration record card is not found in the precinct registry 7 of voters, but his name appears as that of a registered voter 8 in such precinct upon the printed precinct list of voters and 9 whose name has not been erased or withdrawn from such 10 register, it shall be the duty of one of the Judges of Election 11 to require an affidavit by such person and two voters residing 12 in the precinct before the judges of election that he is the 13 same person whose name appears upon the precinct register and 14 that he resides in the precinct stating the street number of 15 his residence. Forms for such affidavit shall be supplied by 16 the county clerk for all elections. Upon the making of such 17 affidavit and the presentation of his certificate such elector 18 shall be entitled to vote. All affidavits made under this 19 paragraph shall be preserved and returned to the county clerk 20 in an envelope. It shall be the duty of the county clerk within 21 30 days after such election to take steps provided by Section 22 5-27 of this article 5 for the execution of new registration 23 affidavits by electors who have voted under the provisions of 24 this paragraph. 25 Provided, however, that the applications for ballots made 26 by registered voters and under the provisions of article 19 of SB2158 - 12 - LRB104 10882 SPS 20964 b 1 this act shall be accepted by the Judges of Election in lieu of 2 the "certificate of registered voter" provided for in this 3 section. 4 When the county clerk delivers to the judges of election 5 for use at the polls a supplemental or consolidated list of the 6 printed precinct register, he shall give a copy of the 7 supplemental or consolidated list to the chair of a county 8 central committee of an established political party or to the 9 chair's duly authorized representative. 10 Whenever two or more elections occur simultaneously, the 11 election authority charged with the duty of providing 12 application certificates may prescribe the form thereof so 13 that a voter is required to execute only one, indicating in 14 which of the elections he desires to vote. 15 After the signature has been verified, the judges shall 16 determine in which political subdivisions the voter resides by 17 use of the information contained on the voter registration 18 cards or the separate registration lists or other means 19 approved by the State Board of Elections and prepared and 20 supplied by the election authority. The voter's certificate 21 shall be so marked by the judges as to show the respective 22 ballots which the voter is given. 23 (Source: P.A. 100-1027, eff. 1-1-19 .) 24 (10 ILCS 5/5-30) (from Ch. 46, par. 5-30) 25 Sec. 5-30. Upon application to vote at a general primary SB2158 - 13 - LRB104 10882 SPS 20964 b 1 election each registered elector shall sign his name or mark 2 and write his address on a certificate substantially the same 3 as that used in the general election . The application shall 4 contain a space for a voter to indicate the voter's political 5 party except that it shall have a place for party affiliation 6 which is to be filled in by the elector, or by the officer in 7 charge if the elector is unable to write. The certificates of 8 each State-wide political party at a primary election shall be 9 separately printed upon paper of uniform quality, texture and 10 size, but the certificates of no 2 State-wide political 11 parties shall be of the same color or tint. However, if the 12 election authority provides computer generated applications 13 with the precinct, ballot style and voter's name and address 14 preprinted on the application, a single application may be 15 used for State-wide political parties if it contains spaces or 16 check-off boxes to indicate the political party. Such 17 application shall not entitle the voter to vote in the primary 18 of more than one political party at the same election. Such 19 applications may contain spaces or check-off boxes permitting 20 the voter to request a primary ballot of any other political 21 party which is established only within a political subdivision 22 and for which a primary is conducted on the same election day. 23 Such application shall not entitle the voter to vote in both 24 the primary of the State-wide political party and the primary 25 of the local political party with respect to the offices of the 26 same political subdivision . In no event may a voter vote in SB2158 - 14 - LRB104 10882 SPS 20964 b 1 more than one State-wide primary on the same day. Such 2 certificates when checked and initialed by the Judge in charge 3 shall constitute the primary poll record. Such certificates at 4 the close of the election shall be placed in an envelope, 5 sealed and returned with the ballots. Nothing herein shall be 6 construed to conflict with sections 7-44 and 7-45 of article 7 7 of this act. Provided, however, that the applications for 8 ballots made by registered voters under the provisions of 9 article 19 of this act shall be accepted by the Judges of 10 election in lieu of the "certificate of registered voter" 11 provided for in this section. 12 (Source: P.A. 83-1362 .) 13 (10 ILCS 5/6-66) (from Ch. 46, par. 6-66) 14 Sec. 6-66. Upon application to vote each registered 15 elector shall sign his name or make his mark as the case may 16 be, on a certificate substantially as follows: 17 "CERTIFICATE OF REGISTERED VOTER 18 City of ................. Ward .... Precinct .... Election 19 ...............(Date).......(Month)...........(Year) 20 Registration Record ....... Checked by ............... Voter's 21 number .... 22 INSTRUCTION TO VOTERS 23 Sign this certificate and hand it to the election officers 24 in charge. After the registration record has been checked, the 25 officer will hand it back to you. Whereupon you shall present SB2158 - 15 - LRB104 10882 SPS 20964 b 1 it to the officer in charge of the ballots. 2 I hereby certify that I am registered from the address 3 below and am qualified to vote. 4 Signature of voter ................ 5 Residence address ................" 6 An individual shall not be required to provide his social 7 security number when applying for a ballot. He shall not be 8 denied a ballot, nor shall his ballot be challenged, solely 9 because of his refusal to provide his social security number. 10 Nothing in this Act prevents an individual from being 11 requested to provide his social security number when the 12 individual applies for a ballot. If, however, the certificate 13 contains a space for the individual's social security number, 14 the following notice shall appear on the certificate, 15 immediately above such space, in bold-face capital letters, in 16 type the size of which equals the largest type on the 17 certificate: 18 "THE INDIVIDUAL APPLYING FOR A BALLOT WITH THIS DOCUMENT 19 IS NOT REQUIRED TO DISCLOSE HIS OR HER SOCIAL SECURITY NUMBER. 20 HE OR SHE MAY NOT BE DENIED A BALLOT, NOR SHALL HIS OR HER 21 BALLOT BE CHALLENGED, SOLELY BECAUSE OF HIS OR HER REFUSAL TO 22 PROVIDE HIS OR HER SOCIAL SECURITY NUMBER." 23 The applications of each State-wide political party at a 24 primary election shall be separately printed upon paper of 25 uniform quality, texture and size, but the applications of no 26 2 State-wide political parties shall be of the same color or SB2158 - 16 - LRB104 10882 SPS 20964 b 1 tint. If the election authority provides computer generated 2 applications with the precinct, ballot style, and voter's name 3 and address preprinted on the application, a single 4 application may be used for State-wide political parties if it 5 contains spaces or check-off boxes to indicate the political 6 party. Such applications may contain spaces or check-off boxes 7 permitting the voter to also request a primary ballot of any 8 political party which is established only within a political 9 subdivision and for which a primary is conducted on the same 10 election day. Such applications shall not entitle the voter to 11 vote in both the primary of a State-wide political party and 12 the primary of a local political party with respect to the 13 offices of the same political subdivision or to vote in the 14 primary of more than one State-wide political party on the 15 same day. 16 The judges in charge of the precinct registration files 17 shall compare the signature upon such certificate with the 18 signature on the registration record card as a means of 19 identifying the voter. Unless satisfied by such comparison 20 that the applicant to vote is the identical person who is 21 registered under the same name, the judges shall ask such 22 applicant the questions for identification which appear on the 23 registration card, and if the applicant does not prove to the 24 satisfaction of a majority of the judges of the election 25 precinct that he is the identical person registered under the 26 name in question then the vote of such applicant shall be SB2158 - 17 - LRB104 10882 SPS 20964 b 1 challenged by a judge of election, and the same procedure 2 followed as provided in this Article and Act for challenged 3 voters. 4 In case the elector is unable to sign his name, a judge of 5 election shall check the data on the registration card and 6 shall check the address given, with the registered address, in 7 order to determine whether he is entitled to vote. 8 One of the judges of election shall check the certificate 9 of such applicant for a ballot after the registration record 10 has been examined, and shall sign his initials on the 11 certificate in the space provided therefor, and shall enter 12 upon such certificate the number of the voter in the place 13 provided therefor, and make an entry in the voting record 14 space on the registration record, to indicate whether or not 15 the applicant voted. Such judge shall then hand such 16 certificate back to the applicant in case he is permitted to 17 vote, and such applicant shall hand it to the judge of election 18 in charge of the ballots. The certificates of the voters shall 19 be filed in the order in which they are received and shall 20 constitute an official poll record. The terms "poll lists" and 21 "poll books", where used in this Article and Act, shall be 22 construed to apply to such official poll record. 23 After each general primary election the board of election 24 commissioners shall indicate by color code or other means next 25 to the name of each registrant on the list of registered voters 26 in each precinct the primary ballot of a political party that SB2158 - 18 - LRB104 10882 SPS 20964 b 1 the registrant requested at the general primary election. The 2 board of election commissioners, within 60 days after that 3 general primary election, shall provide a copy of this coded 4 list to the chairman of the county central committee of each 5 established political party or to the chair's duly authorized 6 representative. 7 Within 60 days after the effective date of this amendatory 8 Act of 1983, the board of election commissioners shall provide 9 to the chairman of the county central committee of each 10 established political party or to the chair's duly authorized 11 representative the list of registered voters in each precinct 12 at the time of the general primary election of 1982 and shall 13 indicate on such list by color code or other means next to the 14 name of a registrant the primary ballot of a political party 15 that the registrant requested at the general primary election 16 of 1982. 17 The board of election commissioners may charge a fee to 18 reimburse the actual cost of duplicating each copy of a list 19 provided under either of the 2 preceding paragraphs. 20 Where an elector makes application to vote by signing and 21 presenting the certificate provided by this Section, and his 22 registration card is not found in the precinct registry of 23 voters, but his name appears as that of a registered voter in 24 such precinct upon the printed precinct register as corrected 25 or revised by the supplemental list, or upon the consolidated 26 list, if any provided by this Article and whose name has not SB2158 - 19 - LRB104 10882 SPS 20964 b 1 been erased or withdrawn from such register, the printed 2 precinct register as corrected or revised by the supplemental 3 list, or consolidated list, if any, shall be prima facie 4 evidence of the elector's right to vote upon compliance with 5 the provisions hereinafter set forth in this Section. In such 6 event it shall be the duty of one of the judges of election to 7 require an affidavit by such person and 2 voters residing in 8 the precinct before the judges of election that he is the same 9 person whose name appears upon the printed precinct register 10 as corrected or revised by the supplemental list, or 11 consolidated list, if any, and that he resides in the 12 precinct, stating the street and number of his residence, and 13 upon the presentation of such affidavits, a certificate shall 14 be issued to such elector, and upon the presentation of such 15 certificate and affidavits, he shall be entitled to vote. Any 16 elector whose name does not appear as a registered voter on the 17 printed precinct register or supplemental list but who has a 18 certificate issued by the board of election commissioners as 19 provided in Section 6-43 of this Article, shall be entitled to 20 vote upon the presentation of such certificate accompanied by 21 the affidavits of 2 voters residing in the precinct that the 22 elector is the same person described in such certificate and 23 that he resides in the precinct, stating the street and number 24 of his residence. Forms for all affidavits required hereunder 25 shall be supplied by the board of election commissioners. All 26 affidavits made under this paragraph shall be preserved and SB2158 - 20 - LRB104 10882 SPS 20964 b 1 returned to the board of election commissioners in the manner 2 provided by this Article and Article 18 of this Act. It shall 3 be the duty of the board of election commissioners, within 30 4 days after such election, to take the steps provided by 5 Section 6-64 of this Article for the execution of new 6 registration affidavits by electors who have voted under the 7 provisions of this paragraph. 8 When the board of election commissioners delivers to the 9 judges of election for use at the polls a supplemental or 10 consolidated list of the printed precinct register, it shall 11 give a copy of the supplemental or consolidated list to the 12 chair of a county central committee of an established 13 political party or to the chair's duly authorized 14 representative. 15 Whenever 2 or more elections occur simultaneously, the 16 election official or officials charged with the duty of 17 providing application certificates may prescribe the form 18 thereof so that a voter is required to execute only one, 19 indicating in which of the elections he desires to vote. 20 After the signature has been verified, the judges shall 21 determine in which political subdivisions the voter resides by 22 use of the information contained on the voter registration 23 cards or the separate registration lists or other means 24 approved by the State Board of Elections and prepared and 25 supplied by the election authority. The voter's certificate 26 shall be so marked by the judges as to show the respective SB2158 - 21 - LRB104 10882 SPS 20964 b 1 ballots which the voter is given. 2 (Source: P.A. 100-1027, eff. 1-1-19 .) 3 (10 ILCS 5/6-67) (from Ch. 46, par. 6-67) 4 Sec. 6-67. Upon application to vote at a primary election 5 each registered elector shall sign his name or mark and write 6 his address on a certificate substantially the same as that 7 used in the general election except that it shall have a place 8 for party affiliation which is to be filled in by the elector, 9 or by the officer in charge if the elector is unable to write . 10 Such certificates when checked and initialed by the judge in 11 charge, shall constitute the primary poll record. Such 12 certificates at the close of the primary election shall be 13 placed in an envelope, sealed and returned with the ballots. 14 Nothing herein shall be construed to conflict with sections 15 7-44 and 7-45 of Article 7 of this Act. 16 (Source: Laws 1957, p. 1450 .) 17 (10 ILCS 5/7-2) (from Ch. 46, par. 7-2) 18 Sec. 7-2. A political party, which at the general election 19 for State and county officers then next preceding a primary, 20 polled more than 5 per cent of the entire vote cast in the 21 State, is hereby declared to be a political party within the 22 State , and shall nominate all candidates provided for in this 23 Article 7 under the provisions hereof, and shall elect 24 precinct, township, ward, and State central committeepersons SB2158 - 22 - LRB104 10882 SPS 20964 b 1 as herein provided . 2 A political party, which at the general election for State 3 and county officers then next preceding a primary, cast more 4 than 5 per cent of the entire vote cast within any 5 congressional district, is hereby declared to be a political 6 party within the meaning of this Article, within such 7 congressional district , and shall nominate its candidate for 8 Representative in Congress, under the provisions hereof . A 9 political party, which at the general election for State and 10 county officers then next preceding a primary, cast more than 11 5 per cent of the entire vote cast in any county, is hereby 12 declared to be a political party within the meaning of this 13 Article, within said county , and shall nominate all county 14 officers in said county under the provisions hereof, and shall 15 elect precinct, township, and ward committeepersons, as herein 16 provided . 17 A political party, which at the municipal election for 18 city, village, or incorporated town officers then next 19 preceding a primary, cast more than 5 per cent of the entire 20 vote cast in any city, village, or incorporated town is hereby 21 declared to be a political party within the meaning of this 22 Article, within said city, village, or incorporated town , and 23 shall nominate all city, village, or incorporated town 24 officers in said city, village, or incorporated town under the 25 provisions hereof to the extent and in the cases provided in 26 Section 7-1 . SB2158 - 23 - LRB104 10882 SPS 20964 b 1 A political party, which at the municipal election for 2 town officers then next preceding a primary, cast more than 5 3 per cent of the entire vote cast in said town, is hereby 4 declared to be a political party within the meaning of this 5 Article, within said town , and shall nominate all town 6 officers in said town under the provisions hereof to the 7 extent and in the cases provided in Section 7-1 . 8 A political party, which at the municipal election in any 9 other municipality or political subdivision, (except townships 10 and school districts), for municipal or other officers therein 11 then next preceding a primary, cast more than 5 per cent of the 12 entire vote cast in such municipality or political 13 subdivision, is hereby declared to be a political party within 14 the meaning of this Article, within said municipality or 15 political subdivision , and shall nominate all municipal or 16 other officers therein under the provisions hereof to the 17 extent and in the cases provided in Section 7-1 . 18 Provided, that no political organization or group shall be 19 qualified as a political party hereunder, or given a place on a 20 ballot, which organization or group is associated, directly or 21 indirectly, with Communist, Fascist, Nazi, or other 22 un-American principles and engages in activities or propaganda 23 designed to teach subservience to the political principles and 24 ideals of foreign nations or the overthrow by violence of the 25 established constitutional form of government of the United 26 States and the State of Illinois. SB2158 - 24 - LRB104 10882 SPS 20964 b 1 (Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.) 2 (10 ILCS 5/7-3) (from Ch. 46, par. 7-3) 3 Sec. 7-3. In determining the total vote of a political 4 party, whenever required by this Article 7, the test shall be 5 the total vote cast by electors such political party for a its 6 candidate that filed a nominating petition as a member of that 7 political party and is a registered voter of that party who 8 received the greatest number of votes; provided however, that 9 in applying this section to the vote cast for any candidate for 10 an office for which cumulative voting is permitted, the total 11 vote cast for such candidate shall be divided by that number 12 which equals the greatest number of votes that could lawfully 13 be cast for such candidate by one elector. 14 (Source: Laws 1943, vol. 2, p. 1.) 15 (10 ILCS 5/7-5) (from Ch. 46, par. 7-5) 16 Sec. 7-5. (a) Primary elections shall be held on the dates 17 prescribed in Article 2A. 18 (b) Notwithstanding the provisions of any other statute, 19 no primary shall be held for an established political party in 20 any township, municipality, or ward thereof, where the 21 nomination of such party for every office to be voted upon by 22 the electors of such township, municipality, or ward thereof, 23 is uncontested. Whenever a political party's nomination of 24 candidates is uncontested as to one or more, but not all, of SB2158 - 25 - LRB104 10882 SPS 20964 b 1 the offices to be voted upon by the electors of a township, 2 municipality, or ward thereof, then a primary shall be held 3 for that party in such township, municipality, or ward 4 thereof; provided that the primary ballot shall not include 5 those offices within such township, municipality, or ward 6 thereof, for which the nomination is uncontested. For purposes 7 of this Article, the nomination of an established political 8 party of a candidate for election to an office shall be deemed 9 to be uncontested where not more than the number of persons to 10 be nominated have timely filed valid nomination papers seeking 11 the nomination of such party for election to such office. 12 (c) Notwithstanding the provisions of any other statute, 13 no primary election shall be held for an established political 14 party for any special primary election called for the purpose 15 of filling a vacancy in the office of representative in the 16 United States Congress where the nomination of such political 17 party for said office is uncontested. For the purposes of this 18 Article, the nomination of an established political party of a 19 candidate for election to said office shall be deemed to be 20 uncontested where not more than the number of persons to be 21 nominated have timely filed valid nomination papers seeking 22 the nomination of such established party for election to said 23 office. This subsection (c) shall not apply if such primary 24 election is conducted on a regularly scheduled election day. 25 (d) (Blank). Notwithstanding the provisions in subsection 26 (b) and (c) of this Section, whenever a person who has not SB2158 - 26 - LRB104 10882 SPS 20964 b 1 timely filed valid nomination papers and who intends to become 2 a write-in candidate for a political party's nomination for 3 any office for which the nomination is uncontested files a 4 written statement or notice of that intent with the local 5 election official where the candidate is seeking to appear on 6 the ballot, a primary ballot shall be prepared and a primary 7 shall be held for that office. Such statement or notice shall 8 be filed on or before the date established in this Article for 9 certifying candidates for the primary ballot. Such statement 10 or notice shall contain (i) the name and address of the person 11 intending to become a write-in candidate, (ii) a statement 12 that the person is a qualified primary elector of the 13 political party from whom the nomination is sought, (iii) a 14 statement that the person intends to become a write-in 15 candidate for the party's nomination, and (iv) the office the 16 person is seeking as a write-in candidate. An election 17 authority shall have no duty to conduct a primary and prepare a 18 primary ballot for any office for which the nomination is 19 uncontested, unless a statement or notice meeting the 20 requirements of this Section is filed in a timely manner. 21 (e) The polls shall be open from 6:00 a.m. to 7:00 p.m. 22 (Source: P.A. 103-600, eff. 7-1-24.) 23 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10) 24 Sec. 7-10. Form of petition for nomination. The name of no 25 candidate for nomination, or State central committeeperson, or SB2158 - 27 - LRB104 10882 SPS 20964 b 1 township committeeperson, or precinct committeeperson, or ward 2 committeeperson or candidate for delegate or alternate 3 delegate to national nominating conventions, shall be printed 4 upon the primary ballot unless a petition for nomination has 5 been filed in his behalf as provided in this Article in 6 substantially the following form: 7 We, the undersigned, members of and affiliated with the 8 .... party and qualified primary electors of the .... party, 9 in the .... of ...., in the county of .... and State of 10 Illinois, do hereby petition that the following named person 11 or persons shall be a candidate or candidates of the .... party 12 for the nomination for (or in case of committeepersons for 13 election to) the office or offices hereinafter specified, to 14 be voted for at the primary election to be held on (insert 15 date). 16 Name Office Address 17 John Jones Governor Belvidere, Ill. 18 Jane James Lieutenant Governor Peoria, Ill. 19 Thomas Smith Attorney General Oakland, Ill. 20 Name.................. Address....................... 21 State of Illinois) 22 ) ss. 23 County of........) 24 I, ...., do hereby certify that I reside at No. .... SB2158 - 28 - LRB104 10882 SPS 20964 b 1 street, in the .... of ...., county of ...., and State of 2 ....., that I am 18 years of age or older, that I am a citizen 3 of the United States, and that the signatures on this sheet 4 were signed in my presence, and are genuine, and that to the 5 best of my knowledge and belief the persons so signing were at 6 the time of signing the petitions qualified voters of the .... 7 party , and that their respective residences are correctly 8 stated, as above set forth. 9 ......................... 10 Subscribed and sworn to before me on (insert date). 11 ......................... 12 Each sheet of the petition other than the statement of 13 candidacy and candidate's statement shall be of uniform size 14 and shall contain above the space for signatures an 15 appropriate heading giving the information as to name of 16 candidate or candidates, in whose behalf such petition is 17 signed; the office, the political party the candidate prefers 18 represented and place of residence; and the heading of each 19 sheet shall be the same. 20 Such petition shall be signed by qualified primary 21 electors residing in the political division for which the 22 nomination is sought in their own proper persons only and 23 opposite the signature of each signer, his residence address 24 shall be written or printed. The residence address required to 25 be written or printed opposite each qualified primary SB2158 - 29 - LRB104 10882 SPS 20964 b 1 elector's name shall include the street address or rural route 2 number of the signer, as the case may be, as well as the 3 signer's county, and city, village or town, and state. 4 However, the county or city, village or town, and state of 5 residence of the electors may be printed on the petition forms 6 where all of the electors signing the petition reside in the 7 same county or city, village or town, and state. Standard 8 abbreviations may be used in writing the residence address, 9 including street number, if any. At the bottom of each sheet of 10 such petition shall be added a circulator statement signed by 11 a person 18 years of age or older who is a citizen of the 12 United States, stating the street address or rural route 13 number, as the case may be, as well as the county, city, 14 village or town, and state; and certifying that the signatures 15 on that sheet of the petition were signed in his or her 16 presence and certifying that the signatures are genuine; and 17 either (1) indicating the dates on which that sheet was 18 circulated, or (2) indicating the first and last dates on 19 which the sheet was circulated, or (3) for elections where the 20 petition circulation period is 90 days, certifying that none 21 of the signatures on the sheet were signed more than 90 days 22 preceding the last day for the filing of the petition, or (4) 23 for the 2022 general primary election only, certify that the 24 signatures on the sheet were signed during the period of 25 January 13, 2022 through March 14, 2022 or certify that the 26 signatures on the sheet were signed during the period of SB2158 - 30 - LRB104 10882 SPS 20964 b 1 January 13, 2022 through the date on which this statement was 2 sworn or affirmed to and certifying that to the best of his or 3 her knowledge and belief the persons so signing were at the 4 time of signing the petitions qualified voters of the 5 political party for which a nomination is sought. Such 6 statement shall be sworn to before some officer authorized to 7 administer oaths in this State. 8 Except as otherwise provided in this Code, no petition 9 sheet shall be circulated more than 90 days preceding the last 10 day provided in Section 7-12 for the filing of such petition. 11 The person circulating the petition, or the candidate on 12 whose behalf the petition is circulated, may strike any 13 signature from the petition, provided that: 14 (1) the person striking the signature shall initial 15 the petition at the place where the signature is struck; 16 and 17 (2) the person striking the signature shall sign a 18 certification listing the page number and line number of 19 each signature struck from the petition. Such 20 certification shall be filed as a part of the petition. 21 Such sheets before being filed shall be neatly fastened 22 together in book form, by placing the sheets in a pile and 23 fastening them together at one edge in a secure and suitable 24 manner, and the sheets shall then be numbered consecutively. 25 The sheets shall not be fastened by pasting them together end 26 to end, so as to form a continuous strip or roll. All petition SB2158 - 31 - LRB104 10882 SPS 20964 b 1 sheets which are filed with the proper local election 2 officials, election authorities or the State Board of 3 Elections shall be the original sheets which have been signed 4 by the voters and by the circulator thereof, and not 5 photocopies or duplicates of such sheets. Each petition must 6 include as a part thereof, a statement of candidacy for each of 7 the candidates filing, or in whose behalf the petition is 8 filed. This statement shall set out the address of such 9 candidate, the office for which he is a candidate, shall state 10 that the candidate is a qualified primary voter of the party to 11 which the petition relates and is qualified for the office 12 specified (in the case of a candidate for State's Attorney it 13 shall state that the candidate is at the time of filing such 14 statement a licensed attorney-at-law of this State) , may state 15 the political party the candidate prefers , shall state that he 16 has filed (or will file before the close of the petition filing 17 period) a statement of economic interests as required by the 18 Illinois Governmental Ethics Act, shall request that the 19 candidate's name be placed upon the official ballot, and shall 20 be subscribed and sworn to by such candidate before some 21 officer authorized to take acknowledgment of deeds in the 22 State and shall be in substantially the following form: 23 Statement of Candidacy 24 Name Address Office District Party 25 John Jones 102 Main St. Governor Statewide Republican 26 Belvidere, SB2158 - 32 - LRB104 10882 SPS 20964 b 1 Illinois 2 State of Illinois) 3 ) ss. 4 County of .......) 5 I, ...., being first duly sworn, say that I reside at .... 6 Street in the city (or village) of ...., in the county of ...., 7 State of Illinois; that I am a qualified voter therein and am a 8 qualified primary voter of the .... party ; that I am a 9 candidate for nomination (for election in the case of 10 committeeperson and delegates and alternate delegates) to the 11 office of .... to be voted upon at the primary election to be 12 held on (insert date); that I am legally qualified (including 13 being the holder of any license that may be an eligibility 14 requirement for the office I seek the nomination for) to hold 15 such office and that I have filed (or I will file before the 16 close of the petition filing period) a statement of economic 17 interests as required by the Illinois Governmental Ethics Act 18 and I hereby request that my name be printed upon the official 19 primary ballot for nomination for (or election to in the case 20 of committeepersons and delegates and alternate delegates) 21 such office. 22 Signed ...................... 23 Subscribed and sworn to (or affirmed) before me by ...., 24 who is to me personally known, on (insert date). 25 Signed .................... SB2158 - 33 - LRB104 10882 SPS 20964 b 1 (Official Character) 2 (Seal, if officer has one.) 3 The petitions, when filed, shall not be withdrawn or added 4 to, and no signatures shall be revoked except by revocation 5 filed in writing with the State Board of Elections, election 6 authority or local election official with whom the petition is 7 required to be filed, and before the filing of such petition. 8 Whoever forges the name of a signer upon any petition required 9 by this Article is deemed guilty of a forgery and on conviction 10 thereof shall be punished accordingly. 11 A candidate for the offices listed in this Section must 12 obtain the number of signatures specified in this Section on 13 his or her petition for nomination. 14 (a) Statewide office or delegate to a national nominating 15 convention. Except as otherwise provided in this Code, if a 16 candidate seeks to run for statewide office or as a delegate or 17 alternate delegate to a national nominating convention elected 18 from the State at-large, then the candidate's petition for 19 nomination must contain at least 5,000 but not more than 20 10,000 signatures. 21 (b) Congressional office or congressional delegate to a 22 national nominating convention. Except as otherwise provided 23 in this Code, if a candidate seeks to run for United States 24 Congress or as a congressional delegate or alternate 25 congressional delegate to a national nominating convention SB2158 - 34 - LRB104 10882 SPS 20964 b 1 elected from a congressional district, then the candidate's 2 petition for nomination must contain at least the number of 3 signatures equal to 0.5% of the qualified primary electors of 4 his or her party in his or her congressional district. In the 5 first primary election following a redistricting of 6 congressional districts, a candidate's petition for nomination 7 must contain at least 600 signatures of qualified primary 8 electors of the candidate's political party in his or her 9 congressional district. 10 (c) County office. Except as otherwise provided in this 11 Code, if a candidate seeks to run for any countywide office, 12 including, but not limited to, county board chairperson or 13 county board member, elected on an at-large basis, in a county 14 other than Cook County, then the candidate's petition for 15 nomination must contain at least the number of signatures 16 equal to 0.5% of the qualified electors of his or her party who 17 cast votes at the last preceding general election in his or her 18 county. If a candidate seeks to run for county board member 19 elected from a county board district, then the candidate's 20 petition for nomination must contain at least the number of 21 signatures equal to 0.5% of the qualified primary electors of 22 his or her party in the county board district. In the first 23 primary election following a redistricting of county board 24 districts or the initial establishment of county board 25 districts, a candidate's petition for nomination must contain 26 at least the number of signatures equal to 0.5% of the SB2158 - 35 - LRB104 10882 SPS 20964 b 1 qualified electors of his or her party in the entire county who 2 cast votes at the last preceding general election divided by 3 the total number of county board districts comprising the 4 county board; provided that in no event shall the number of 5 signatures be less than 25. 6 (d) County office; Cook County only. 7 (1) If a candidate seeks to run for countywide office 8 in Cook County, then the candidate's petition for 9 nomination must contain at least the number of signatures 10 equal to 0.5% of the qualified electors of his or her party 11 who cast votes at the last preceding general election in 12 Cook County. 13 (2) If a candidate seeks to run for Cook County Board 14 Commissioner, then the candidate's petition for nomination 15 must contain at least the number of signatures equal to 16 0.5% of the qualified primary electors of his or her party 17 in his or her county board district. In the first primary 18 election following a redistricting of Cook County Board of 19 Commissioners districts, a candidate's petition for 20 nomination must contain at least the number of signatures 21 equal to 0.5% of the qualified electors of his or her party 22 in the entire county who cast votes at the last preceding 23 general election divided by the total number of county 24 board districts comprising the county board; provided that 25 in no event shall the number of signatures be less than 25. 26 (3) Except as otherwise provided in this Code, if a SB2158 - 36 - LRB104 10882 SPS 20964 b 1 candidate seeks to run for Cook County Board of Review 2 Commissioner, which is elected from a district pursuant to 3 subsection (c) of Section 5-5 of the Property Tax Code, 4 then the candidate's petition for nomination must contain 5 at least the number of signatures equal to 0.5% of the 6 total number of registered voters in his or her board of 7 review district in the last general election at which a 8 commissioner was regularly scheduled to be elected from 9 that board of review district. In no event shall the 10 number of signatures required be greater than the 11 requisite number for a candidate who seeks countywide 12 office in Cook County under subsection (d)(1) of this 13 Section. In the first primary election following a 14 redistricting of Cook County Board of Review districts, a 15 candidate's petition for nomination must contain at least 16 4,000 signatures or at least the number of signatures 17 required for a countywide candidate in Cook County, 18 whichever is less, of the qualified electors of his or her 19 party in the district. 20 (e) Municipal or township office. If a candidate seeks to 21 run for municipal or township office, then the candidate's 22 petition for nomination must contain at least the number of 23 signatures equal to 0.5% of the qualified primary electors of 24 his or her party in the municipality or township. If a 25 candidate seeks to run for alderperson of a municipality, then 26 the candidate's petition for nomination must contain at least SB2158 - 37 - LRB104 10882 SPS 20964 b 1 the number of signatures equal to 0.5% of the qualified 2 primary electors of his or her party of the ward. In the first 3 primary election following redistricting of wards or trustee 4 districts of a municipality or the initial establishment of 5 wards or districts, a candidate's petition for nomination must 6 contain the number of signatures equal to at least 0.5% of the 7 total number of votes cast for the candidate of that political 8 party who received the highest number of votes in the entire 9 municipality at the last regular election at which an officer 10 was regularly scheduled to be elected from the entire 11 municipality, divided by the number of wards or districts. In 12 no event shall the number of signatures be less than 25. 13 (f) State central committeeperson. If a candidate seeks to 14 run for State central committeeperson, then the candidate's 15 petition for nomination must contain at least 100 signatures 16 of the primary electors of his or her party of his or her 17 congressional district. 18 (g) Sanitary district trustee. Except as otherwise 19 provided in this Code, if a candidate seeks to run for trustee 20 of a sanitary district in which trustees are not elected from 21 wards, then the candidate's petition for nomination must 22 contain at least the number of signatures equal to 0.5% of the 23 primary electors of his or her party from the sanitary 24 district. If a candidate seeks to run for trustee of a sanitary 25 district in which trustees are elected from wards, then the 26 candidate's petition for nomination must contain at least the SB2158 - 38 - LRB104 10882 SPS 20964 b 1 number of signatures equal to 0.5% of the primary electors of 2 his or her party in the ward of that sanitary district. In the 3 first primary election following redistricting of sanitary 4 districts elected from wards, a candidate's petition for 5 nomination must contain at least the signatures of 150 6 qualified primary electors of his or her ward of that sanitary 7 district. 8 (h) Judicial office. Except as otherwise provided in this 9 Code, if a candidate seeks to run for judicial office in a 10 district, then the candidate's petition for nomination must 11 contain the number of signatures equal to 0.4% of the number of 12 votes cast in that district for the candidate for his or her 13 political party for the office of Governor at the last general 14 election at which a Governor was elected, but in no event less 15 than 500 signatures. If a candidate seeks to run for judicial 16 office in a circuit or subcircuit, then the candidate's 17 petition for nomination must contain the number of signatures 18 equal to 0.25% of the number of votes cast for the judicial 19 candidate of his or her political party who received the 20 highest number of votes at the last general election at which a 21 judicial officer from the same circuit or subcircuit was 22 regularly scheduled to be elected, but in no event less than 23 1,000 signatures in circuits and subcircuits located in the 24 First Judicial District or 500 signatures in every other 25 Judicial District. 26 (i) Precinct, ward, and township committeeperson. Except SB2158 - 39 - LRB104 10882 SPS 20964 b 1 as otherwise provided in this Code, if a candidate seeks to run 2 for precinct committeeperson, then the candidate's petition 3 for nomination must contain at least 10 signatures of the 4 primary electors of his or her party for the precinct. If a 5 candidate seeks to run for ward committeeperson, then the 6 candidate's petition for nomination must contain no less than 7 the number of signatures equal to 10% of the primary electors 8 of his or her party of the ward, but no more than 16% of those 9 same electors; provided that the maximum number of signatures 10 may be 50 more than the minimum number, whichever is greater. 11 If a candidate seeks to run for township committeeperson, then 12 the candidate's petition for nomination must contain no less 13 than the number of signatures equal to 5% of the primary 14 electors of his or her party of the township, but no more than 15 8% of those same electors; provided that the maximum number of 16 signatures may be 50 more than the minimum number, whichever 17 is greater. 18 (j) State's attorney or regional superintendent of schools 19 for multiple counties. If a candidate seeks to run for State's 20 attorney or regional Superintendent of Schools who serves more 21 than one county, then the candidate's petition for nomination 22 must contain at least the number of signatures equal to 0.5% of 23 the primary electors of his or her party in the territory 24 comprising the counties. 25 (k) Any other office. If a candidate seeks any other 26 office, then the candidate's petition for nomination must SB2158 - 40 - LRB104 10882 SPS 20964 b 1 contain at least the number of signatures equal to 0.5% of the 2 registered voters of the political subdivision, district, or 3 division for which the nomination is made or 25 signatures, 4 whichever is greater. 5 For purposes of this Section the number of primary 6 electors shall be determined by taking the total vote cast, in 7 the applicable district, for the candidate for that political 8 party who received the highest number of votes, statewide, at 9 the last general election in the State at which electors for 10 President of the United States were elected. For political 11 subdivisions, the number of primary electors shall be 12 determined by taking the total vote cast for the candidate for 13 that political party who received the highest number of votes 14 in the political subdivision at the last regular election at 15 which an officer was regularly scheduled to be elected from 16 that subdivision. For wards or districts of political 17 subdivisions, the number of primary electors shall be 18 determined by taking the total vote cast for the candidate for 19 that political party who received the highest number of votes 20 in the ward or district at the last regular election at which 21 an officer was regularly scheduled to be elected from that 22 ward or district. 23 A "qualified primary elector" of a party may not sign 24 petitions for or be a candidate in the primary of more than one 25 party. 26 The changes made to this Section by Public Act 93-574 are SB2158 - 41 - LRB104 10882 SPS 20964 b 1 declarative of existing law, except for item (3) of subsection 2 (d). 3 Petitions of candidates for nomination for offices herein 4 specified, to be filed with the same officer, may contain the 5 names of 2 or more candidates of the same political party for 6 the same or different offices. In the case of the offices of 7 Governor and Lieutenant Governor, a joint petition including 8 one candidate for each of those offices must be filed. 9 (Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; 10 102-692, eff. 1-7-22.) 11 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43) 12 Sec. 7-43. (a) Every person having resided in this State 6 13 months and in the precinct 30 days next preceding any primary 14 therein who shall be a citizen of the United States of the age 15 of 18 or more years shall be entitled to vote at such primary. 16 The following regulations shall be applicable to 17 primaries: 18 No person shall be entitled to vote at a primary: 19 (a) Unless he declares his party affiliations as 20 required by this Article. 21 (b) (Blank). 22 (c) (Blank). 23 (c.5) If that person has participated in the town 24 political party caucus, under Section 45-50 of the 25 Township Code, of another political party by signing SB2158 - 42 - LRB104 10882 SPS 20964 b 1 an affidavit of voters attending the caucus within 45 2 days before the first day of the calendar month in 3 which the primary is held. 4 (d) (Blank). 5 (b) In cities, villages, and incorporated towns having a 6 board of election commissioners, only voters registered as 7 provided by Article 6 of this Code shall be entitled to vote at 8 such primary. 9 (c) No person shall be entitled to vote at a primary unless 10 he is registered under the provisions of Article 4, 5, or 6 of 11 this Code, when his registration is required by any of said 12 Articles to entitle him to vote at the election with reference 13 to which the primary is held. 14 A person (i) who filed a statement of candidacy for a 15 partisan office as a qualified primary voter of an established 16 political party or (ii) who voted the ballot of an established 17 political party at a general primary election may not file a 18 statement of candidacy as a candidate of a different 19 established political party, a new political party, or as an 20 independent candidate for a partisan office to be filled at 21 the general election immediately following the general primary 22 for which the person filed the statement or voted the ballot. A 23 person may file a statement of candidacy for a partisan office 24 as a qualified primary voter of an established political party 25 regardless of any prior filing of candidacy for a partisan 26 office or voting the ballot of an established political party SB2158 - 43 - LRB104 10882 SPS 20964 b 1 at any prior election. 2 (Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.) 3 (10 ILCS 5/7-44) (from Ch. 46, par. 7-44) 4 Sec. 7-44. Voters; primary ballot. Any person desiring to 5 vote at a primary shall state the person's his name and , 6 residence and party affiliation to the primary judges, one of 7 whom shall thereupon announce the same in a distinct tone of 8 voice, sufficiently loud to be heard by all persons in the 9 polling place. When article 4, 5 or 6 is applicable the 10 Certificate of Registered Voter therein prescribed shall be 11 made and signed and the official poll record shall be made. If 12 the person desiring to vote is not challenged, one of the 13 primary judges shall give to the person him one, and only one, 14 primary ballot that lists each candidate for office 15 participating in the primary election, regardless of party 16 affiliation of the political party with which he declares 17 himself affiliated , on the back of which such primary judge 18 shall endorse the person's his initials in such manner that 19 they may be seen when the primary ballot is properly folded. If 20 the person desiring to vote is challenged the person he shall 21 not receive a primary ballot from the primary judges until the 22 person he shall have established the person's his right to 23 vote as hereinafter provided. No person who refuses to state 24 his party affiliation shall be allowed to vote at a primary. 25 A person who declares his party affiliation with a SB2158 - 44 - LRB104 10882 SPS 20964 b 1 statewide established political party and requests a primary 2 ballot of such party may nonetheless also declare his 3 affiliation with a political party established only within a 4 political subdivision, and may also vote in the primary of 5 such local party on the same election day, provided that such 6 voter may not vote in both such party primaries with respect to 7 offices of the same political subdivision. However, no person 8 declaring his affiliation with a statewide established 9 political party may vote in the primary of any other statewide 10 political party on the same election day. 11 (Source: P.A. 81-1535.) 12 (10 ILCS 5/7-60) (from Ch. 46, par. 7-60) 13 Sec. 7-60. Not less than 74 days before the date of the 14 general election, the State Board of Elections shall certify 15 to the county clerks the names of each of the candidates who 16 have been nominated as shown by the proclamation of the State 17 Board of Elections as a canvassing board or who have been 18 nominated to fill a vacancy in nomination and direct the 19 election authority to place upon the official ballot for the 20 general election the names of such candidates in the same 21 manner and in the same order as shown upon the certification, 22 except as otherwise provided in this Code. 23 Notwithstanding any other provision of law, the 2 24 candidates in any primary election who receive the most votes 25 in the primary election, regardless of the party affiliation SB2158 - 45 - LRB104 10882 SPS 20964 b 1 of the candidates, shall be the only 2 candidates certified to 2 participate in the general election. 3 Except as otherwise provided in this Code, not less than 4 68 days before the date of the general election, each county 5 clerk shall certify the names of each of the candidates for 6 county offices who have been nominated as shown by the 7 proclamation of the county election authority or who have been 8 nominated to fill a vacancy in nomination and declare that the 9 names of such candidates for the respective offices shall be 10 placed upon the official ballot for the general election in 11 the same manner and in the same order as shown upon the 12 certification, except as otherwise provided by this Section. 13 Each county clerk shall place a copy of the certification on 14 file in his or her office and at the same time issue to the 15 State Board of Elections a copy of such certification. In 16 addition, each county clerk in whose county there is a board of 17 election commissioners shall, not less than 68 days before the 18 date of the general election, issue to such board a copy of the 19 certification that has been filed in the county clerk's 20 office, together with a copy of the certification that has 21 been issued to the clerk by the State Board of Elections, with 22 directions to the board of election commissioners to place 23 upon the official ballot for the general election in that 24 election jurisdiction the names of all candidates that are 25 listed on such certifications, in the same manner and in the 26 same order as shown upon such certifications, except as SB2158 - 46 - LRB104 10882 SPS 20964 b 1 otherwise provided in this Section. 2 Whenever there are two or more persons nominated by the 3 same political party for multiple offices for any board, the 4 name of the candidate of such party receiving the highest 5 number of votes in the primary election as a candidate for such 6 office, as shown by the official election returns of the 7 primary, shall be certified first under the name of such 8 offices, and the names of the remaining candidates of such 9 party for such offices shall follow in the order of the number 10 of votes received by them respectively at the primary election 11 as shown by the official election results. 12 No person who is shown by the final proclamation to have 13 been nominated or elected at the primary as a write-in 14 candidate shall have his or her name certified unless such 15 person shall have filed with the certifying office or board 16 within 10 days after the election authority's proclamation a 17 statement of candidacy pursuant to Section 7-10, a statement 18 pursuant to Section 7-10.1, and a receipt for the filing of a 19 statement of economic interests in relation to the unit of 20 government to which he or she has been elected or nominated. 21 Each county clerk and board of election commissioners 22 shall determine by a fair and impartial method of random 23 selection the order of placement of established political 24 party candidates for the general election ballot. Such 25 determination shall be made within 30 days following the 26 canvass and proclamation of the results of the general primary SB2158 - 47 - LRB104 10882 SPS 20964 b 1 in the office of the county clerk or board of election 2 commissioners and shall be open to the public. Seven days 3 written notice of the time and place of conducting such random 4 selection shall be given, by each such election authority, to 5 the County Chair of each established political party, and to 6 each organization of citizens within the election jurisdiction 7 which was entitled, under this Article, at the next preceding 8 election, to have pollwatchers present on the day of election. 9 Each election authority shall post in a conspicuous, open and 10 public place, at the entrance of the election authority 11 office, notice of the time and place of such lottery. However, 12 a board of election commissioners may elect to place 13 established political party candidates on the general election 14 ballot in the same order determined by the county clerk of the 15 county in which the city under the jurisdiction of such board 16 is located. 17 Each certification shall indicate, where applicable, the 18 following: 19 (1) The political party affiliation of the candidates 20 for the respective offices; 21 (2) If there is to be more than one candidate elected 22 to an office from the State, political subdivision or 23 district; 24 (3) If the voter has the right to vote for more than 25 one candidate for an office; 26 (4) The term of office, if a vacancy is to be filled SB2158 - 48 - LRB104 10882 SPS 20964 b 1 for less than a full term or if the offices to be filled in 2 a political subdivision are for different terms. 3 The State Board of Elections or the county clerk, as the 4 case may be, shall issue an amended certification whenever it 5 is discovered that the original certification is in error. 6 (Source: P.A. 102-15, eff. 6-17-21.) 7 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) 8 Sec. 19-3. Application for a vote by mail ballot. 9 (a) The application for a vote by mail ballot for a single 10 election shall be substantially in the following form: 11 APPLICATION FOR VOTE BY MAIL BALLOT 12 To be voted at the .... election in the County of .... and 13 State of Illinois. 14 I state that I am a resident of .... in the municipality of 15 .... in the county of ....; that I have resided at such address 16 for at least 30 days; that I am lawfully entitled to vote at 17 the .... election to be held on ....; and that I wish to vote 18 by mail. 19 I hereby make application for an official ballot or 20 ballots to be voted by me at such election, and I agree that I 21 shall return such ballot or ballots to the official issuing 22 the same prior to the closing of the polls on the date of the 23 election or, if returned by mail, postmarked no later than 24 election day, for counting no later than during the period for 25 counting provisional ballots, the last day of which is the SB2158 - 49 - LRB104 10882 SPS 20964 b 1 14th day following election day. 2 I understand that this application is made for an official 3 vote by mail ballot or ballots to be voted by me at the 4 election specified in this application and that I must submit 5 a separate application for an official vote by mail ballot or 6 ballots to be voted by me at any subsequent election. 7 Under penalties as provided by law pursuant to Section 8 29-10 of the Election Code, the undersigned certifies that the 9 statements set forth in this application are true and correct. 10 .... 11 *fill in either (1), (2) or (3). 12 Post office address to which ballot is mailed: 13 ............... 14 (a-5) The application for a single vote by mail ballot 15 transmitted electronically pursuant to Section 19-2.6 shall be 16 substantively similar to the application for a vote by mail 17 ballot for a single election and shall include: 18 I swear or affirm that I am a voter with a print 19 disability, and, as a result of this disability, I am 20 making a request to receive a vote by mail ballot 21 electronically so that I may privately and independently 22 mark, verify, and print my vote by mail ballot. 23 (b) The application for permanent vote by mail status 24 shall be substantially in the following form: 25 APPLICATION FOR PERMANENT VOTE BY MAIL STATUS 26 I am currently a registered voter and wish to apply for SB2158 - 50 - LRB104 10882 SPS 20964 b 1 permanent vote by mail status. 2 I state that I am a resident of .... in the municipality of 3 .... in the county of ....; that I have resided at such address 4 for at least 30 days; that I am lawfully entitled to vote at 5 the .... election to be held on ....; and that I wish to vote 6 by mail in: 7 ..... all subsequent elections that do not require a party 8 designation. 9 ..... all subsequent elections, and I wish to receive a 10 ................... Party vote by mail ballot in 11 elections that require a party designation. 12 I hereby make application for an official ballot or 13 ballots to be voted by me at such election, and I agree that I 14 shall return such ballot or ballots to the official issuing 15 the same prior to the closing of the polls on the date of the 16 election or, if returned by mail, postmarked no later than 17 election day, for counting no later than during the period for 18 counting provisional ballots, the last day of which is the 19 14th day following election day. 20 Under penalties as provided by law under Section 29-10 of 21 the Election Code, the undersigned certifies that the 22 statements set forth in this application are true and correct. 23 .... 24 Post office address to which ballot is mailed: 25 ............... 26 (b-5) The application for permanent vote by mail ballots SB2158 - 51 - LRB104 10882 SPS 20964 b 1 transmitted electronically pursuant to Section 19-2.6 shall be 2 substantively similar to the application for permanent vote by 3 mail status and shall include: 4 I swear or affirm that I am a voter with a 5 non-temporary print disability, and as a result of this 6 disability, I am making a request to receive vote by mail 7 ballots electronically so that I may privately and 8 independently mark, verify, and print my vote by mail 9 ballots. 10 (c) (Blank). However, if application is made for a primary 11 election ballot, such application shall require the applicant 12 to designate the name of the political party with which the 13 applicant is affiliated. The election authority shall allow 14 any voter on permanent vote by mail status to change his or her 15 party affiliation for a primary election ballot by a method 16 and deadline published and selected by the election authority. 17 (d) If application is made electronically, the applicant 18 shall mark the box associated with the above described 19 statement included as part of the online application 20 certifying that the statements set forth in the application 21 under subsection (a) or (b) are true and correct, and a 22 signature is not required. 23 (e) Any person may produce, reproduce, distribute, or 24 return to an election authority an application under this 25 Section. If applications are sent to a post office box 26 controlled by any individual or organization that is not an SB2158 - 52 - LRB104 10882 SPS 20964 b 1 election authority, those applications shall (i) include a 2 valid and current phone number for the individual or 3 organization controlling the post office box and (ii) be 4 turned over to the appropriate election authority within 7 5 days of receipt or, if received within 2 weeks of the election 6 in which an applicant intends to vote, within 2 days of 7 receipt. Failure to turn over the applications in compliance 8 with this paragraph shall constitute a violation of this Code 9 and shall be punishable as a petty offense with a fine of $100 10 per application. Removing, tampering with, or otherwise 11 knowingly making the postmark on the application unreadable by 12 the election authority shall establish a rebuttable 13 presumption of a violation of this paragraph. Upon receipt, 14 the appropriate election authority shall accept and promptly 15 process any application under this Section submitted in a form 16 substantially similar to that required by this Section, 17 including any substantially similar production or reproduction 18 generated by the applicant. 19 (f) An election authority may combine the applications in 20 subsections (a) and (b) onto one form, but the distinction 21 between the applications must be clear and the form must 22 provide check boxes for an applicant to indicate whether he or 23 she is applying for a single election vote by mail ballot or 24 for permanent vote by mail status. 25 (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22; 26 103-467, eff. 8-4-23.) SB2158 - 53 - LRB104 10882 SPS 20964 b 1 (10 ILCS 5/19-4.5 new) 2 Sec. 19-4.5. Absentee primary ballots. 3 (a) Notwithstanding any other provision of law, a person 4 entitled to vote by absentee ballot in a primary election 5 shall not be required to declare his or her political party 6 affiliation and shall be provided with the ballot listing all 7 candidates for offices for which the absentee voter is 8 entitled to vote in that primary election. The ballots 9 provided to absentee voters shall be the same open-primary 10 ballots as provided under Section 7-44. 11 (b) With respect to the marking, casting, and counting of 12 primary election ballots, absentee voting shall be conducted 13 in accordance with Sections 7-44 and other provisions of this 14 Article. 15 (10 ILCS 5/19-5) (from Ch. 46, par. 19-5) 16 Sec. 19-5. Folding and enclosure of ballots in unsealed 17 envelope; address on envelope; certification; instructions for 18 marking and returning ballots. It shall be the duty of the 19 election authority to fold the ballot or ballots in the manner 20 specified by the statute for folding ballots prior to their 21 deposit in the ballot box, and to enclose such ballot or 22 ballots in an envelope unsealed to be furnished by the 23 election authority, which envelope shall bear upon the face 24 thereof the name, official title and post office address of SB2158 - 54 - LRB104 10882 SPS 20964 b 1 the election authority, and upon the other side a printed 2 certification in substantially the following form: 3 I state that I am a resident of .... in the municipality of 4 .... in the county of ....; that I have resided at such address 5 for at least 30 days; and that I am lawfully entitled to cast a 6 ballot. 7 I further state that I personally marked the enclosed 8 ballot in secret. 9 Under penalties of perjury as provided by law pursuant to 10 Section 29-10 of The Election Code, the undersigned certifies 11 that the statements set forth in this certification are true 12 and correct. 13 ....................... 14 If the ballot is to go to an elector who is physically 15 incapacitated and needs assistance marking the ballot, the 16 envelope shall bear upon the back thereof a certification in 17 substantially the following form: 18 I state that I am a resident of .... in the municipality of 19 .... in the county of ....; that I have resided at such address 20 for at least 30 days; that I am lawfully entitled to cast a 21 ballot; and that I am physically incapable of personally 22 marking the ballot for this election. 23 I further state that I marked the enclosed ballot in 24 secret with the assistance of 25 ................................. 26 (Individual rendering assistance) SB2158 - 55 - LRB104 10882 SPS 20964 b 1 ................................. 2 (Residence Address) 3 Under penalties of perjury as provided by law pursuant to 4 Section 29-10 of The Election Code, the undersigned certifies 5 that the statements set forth in this certification are true 6 and correct. 7 ....................... 8 In the case of a voter with a physical incapacity, marking 9 a ballot in secret includes marking a ballot with the 10 assistance of another individual, other than a candidate whose 11 name appears on the ballot (unless the voter is the spouse or a 12 parent, child, brother, or sister of the candidate), the 13 voter's employer, an agent of that employer, or an officer or 14 agent of the voter's union, when the voter's physical 15 incapacity necessitates such assistance. 16 In the case of a physically incapacitated voter, marking a 17 ballot in secret includes marking a ballot with the assistance 18 of another individual, other than a candidate whose name 19 appears on the ballot (unless the voter is the spouse or a 20 parent, child, brother, or sister of the candidate), the 21 voter's employer, an agent of that employer, or an officer or 22 agent of the voter's union, when the voter's physical 23 incapacity necessitates such assistance. 24 Provided, that if the ballot enclosed is to be voted at a 25 primary election, the certification shall designate the name 26 of the political party with which the voter is affiliated. SB2158 - 56 - LRB104 10882 SPS 20964 b 1 In addition to the above, the election authority shall 2 provide printed slips, or an electronic version thereof for 3 voters voting by mail pursuant to Section 19-2.6, giving full 4 instructions regarding the manner of marking and returning the 5 ballot in order that the same may be counted, and shall furnish 6 one of such printed slips or the electronic version thereof 7 for voters voting by mail pursuant to Section 19-2.6 to each of 8 such applicants at the same time the ballot is delivered to 9 him. Such instructions shall include the following statement: 10 "In signing the certification on the vote by mail ballot 11 envelope, you are attesting that you personally marked this 12 vote by mail ballot in secret. If you are physically unable to 13 mark the ballot, a friend or relative may assist you after 14 completing the enclosed affidavit. Federal and State laws 15 prohibit a candidate whose name appears on the ballot (unless 16 you are the spouse or a parent, child, brother, or sister of 17 the candidate), your employer, your employer's agent or an 18 officer or agent of your union from assisting voters with 19 physical disabilities." 20 In addition to the above, if a ballot to be provided to an 21 elector pursuant to this Section contains a public question 22 described in subsection (b) of Section 28-6 and the territory 23 concerning which the question is to be submitted is not 24 described on the ballot due to the space limitations of such 25 ballot, the election authority shall provide a printed copy of 26 a notice of the public question, which shall include a SB2158 - 57 - LRB104 10882 SPS 20964 b 1 description of the territory in the manner required by Section 2 16-7. The notice shall be furnished to the elector at the same 3 time the ballot is delivered to the elector. 4 Election authorities transmitting ballots by electronic 5 transmission pursuant to Section 19-2.6 shall, to the greatest 6 extent possible, provide those applicants with the same 7 instructions, certifications, and other balloting materials 8 required when sending ballots by mail. 9 (Source: P.A. 102-819, eff. 5-13-22; 103-467, eff. 8-4-23.) 10 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8) 11 Sec. 19-8. Time and place of counting ballots. 12 (a) (Blank.) 13 (b) Each vote by mail voter's ballot returned to an 14 election authority, by any means authorized by this Article, 15 and received by that election authority before the closing of 16 the polls on election day shall be endorsed by the receiving 17 election authority with the day and hour of receipt and may be 18 processed by the election authority beginning on the day it is 19 received by the election authority in the central ballot 20 counting location of the election authority, but the results 21 of the processing may not be counted until the day of the 22 election after 7:00 p.m., except as provided in subsections 23 (g) and (g-5). 24 (c) Each vote by mail voter's ballot that is mailed to an 25 election authority and postmarked no later than election day, SB2158 - 58 - LRB104 10882 SPS 20964 b 1 but that is received by the election authority after the polls 2 close on election day and before the close of the period for 3 counting provisional ballots cast at that election, shall be 4 endorsed by the receiving authority with the day and hour of 5 receipt and shall be counted at the central ballot counting 6 location of the election authority during the period for 7 counting provisional ballots. 8 Each vote by mail voter's ballot that is mailed to an 9 election authority absent a postmark or a barcode usable with 10 an intelligent mail barcode tracking system, but that is 11 received by the election authority after the polls close on 12 election day and before the close of the period for counting 13 provisional ballots cast at that election, shall be endorsed 14 by the receiving authority with the day and hour of receipt, 15 opened to inspect the date inserted on the certification, and, 16 if the certification date is election day or earlier and the 17 ballot is otherwise found to be valid under the requirements 18 of this Section, counted at the central ballot counting 19 location of the election authority during the period for 20 counting provisional ballots. Absent a date on the 21 certification, the ballot shall not be counted. 22 If an election authority is using an intelligent mail 23 barcode tracking system, a ballot that is mailed to an 24 election authority absent a postmark may be counted if the 25 intelligent mail barcode tracking system verifies the envelope 26 was mailed no later than election day. SB2158 - 59 - LRB104 10882 SPS 20964 b 1 (d) Special write-in vote by mail voter's blank ballots 2 returned to an election authority, by any means authorized by 3 this Article, and received by the election authority at any 4 time before the closing of the polls on election day shall be 5 endorsed by the receiving election authority with the day and 6 hour of receipt and shall be counted at the central ballot 7 counting location of the election authority during the same 8 period provided for counting vote by mail voters' ballots 9 under subsections (b), (g), and (g-5). Special write-in vote 10 by mail voter's blank ballots that are mailed to an election 11 authority and postmarked no later than election day, but that 12 are received by the election authority after the polls close 13 on election day and before the closing of the period for 14 counting provisional ballots cast at that election, shall be 15 endorsed by the receiving authority with the day and hour of 16 receipt and shall be counted at the central ballot counting 17 location of the election authority during the same periods 18 provided for counting vote by mail voters' ballots under 19 subsection (c). 20 (e) Except as otherwise provided in this Section, vote by 21 mail voters' ballots and special write-in vote by mail voter's 22 blank ballots received by the election authority after the 23 closing of the polls on an election day shall be endorsed by 24 the election authority receiving them with the day and hour of 25 receipt and shall be safely kept unopened by the election 26 authority for the period of time required for the preservation SB2158 - 60 - LRB104 10882 SPS 20964 b 1 of ballots used at the election, and shall then, without being 2 opened, be destroyed in like manner as the used ballots of that 3 election. 4 (f) Counting required under this Section to begin on 5 election day after the closing of the polls shall commence no 6 later than 8:00 p.m. and shall be conducted by a panel or 7 panels of election judges appointed in the manner provided by 8 law. The counting shall continue until all vote by mail 9 voters' ballots and special write-in vote by mail voter's 10 blank ballots required to be counted on election day have been 11 counted. 12 (g) The procedures set forth in Articles 17 and 18 and, 13 with respect to primary elections, the procedures set forth in 14 Section 19-4.5, of this Code shall apply to all ballots 15 counted under this Section. In addition, within 2 days after a 16 vote by mail ballot is received, but in all cases before the 17 close of the period for counting provisional ballots, the 18 election judge or official shall compare the voter's signature 19 on the certification envelope of that vote by mail ballot with 20 the voter's signature on the application verified in 21 accordance with Section 19-4 or the signature of the voter on 22 file in the office of the election authority. If the election 23 judge or official determines that the 2 signatures match, and 24 that the vote by mail voter is otherwise qualified to cast a 25 vote by mail ballot, the election authority shall cast and 26 count the ballot on election day or the day the ballot is SB2158 - 61 - LRB104 10882 SPS 20964 b 1 determined to be valid, whichever is later, adding the results 2 to the precinct in which the voter is registered. If the 3 election judge or official determines that the signatures do 4 not match, or that the vote by mail voter is not qualified to 5 cast a vote by mail ballot, then without opening the 6 certification envelope, the judge or official shall mark 7 across the face of the certification envelope the word 8 "Rejected" and shall not cast or count the ballot. 9 In addition to the voter's signatures not matching, a vote 10 by mail ballot may be rejected by the election judge or 11 official: 12 (1) if the ballot envelope is open or has been opened 13 and resealed; 14 (2) if the voter has already cast an early or grace 15 period ballot; 16 (3) if the voter voted in person on election day or the 17 voter is not a duly registered voter in the precinct; or 18 (4) on any other basis set forth in this Code. 19 If the election judge or official determines that any of 20 these reasons apply, the judge or official shall mark across 21 the face of the certification envelope the word "Rejected" and 22 shall not cast or count the ballot. 23 (g-5) If a vote by mail ballot is rejected by the election 24 judge or official for any reason, the election authority 25 shall, within 2 days after the rejection but in all cases 26 before the close of the period for counting provisional SB2158 - 62 - LRB104 10882 SPS 20964 b 1 ballots, notify the vote by mail voter that his or her ballot 2 was rejected. The notice shall inform the voter of the reason 3 or reasons the ballot was rejected and shall state that the 4 voter may appear before the election authority, on or before 5 the 14th day after the election, to show cause as to why the 6 ballot should not be rejected. The voter may present evidence 7 to the election authority supporting his or her contention 8 that the ballot should be counted. The election authority 9 shall appoint a panel of 3 election judges to review the 10 contested ballot, application, and certification envelope, as 11 well as any evidence submitted by the vote by mail voter. No 12 more than 2 election judges on the reviewing panel shall be of 13 the same political party. The reviewing panel of election 14 judges shall make a final determination as to the validity of 15 the contested vote by mail ballot. The judges' determination 16 shall not be reviewable either administratively or judicially. 17 A vote by mail ballot subject to this subsection that is 18 determined to be valid shall be counted before the close of the 19 period for counting provisional ballots. 20 If a vote by mail ballot is rejected for any reason, the 21 election authority shall, within one day after the rejection, 22 transmit to the State Board of Elections by electronic means 23 the voter's name, street address, email address and precinct, 24 ward, township, and district numbers, as the case may be. If a 25 rejected vote by mail ballot is determined to be valid, the 26 election authority shall, within one day after the SB2158 - 63 - LRB104 10882 SPS 20964 b 1 determination, remove the name of the voter from the list 2 transmitted to the State Board of Elections. The State Board 3 of Elections shall maintain the names and information in an 4 electronic format on its website accessible to State and local 5 political committees. 6 Upon request by the State or local political committee, 7 each election authority shall, within one day after the 8 request, provide the following information about all rejected 9 vote by mail ballots: voter's name, street address, email 10 address and precinct, ward, township, and district numbers, as 11 the case may be. 12 (g-10) All vote by mail ballots determined to be valid 13 shall be added to the vote totals for the precincts for which 14 they were cast in the order in which the ballots were opened. 15 (h) Each political party, candidate, and qualified civic 16 organization shall be entitled to have present one pollwatcher 17 for each panel of election judges therein assigned. 18 (Source: P.A. 102-1126, eff. 2-10-23; 103-467, eff. 8-4-23.) 19 (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1) 20 Sec. 19-12.1. Any qualified elector who has secured an 21 Illinois Person with a Disability Identification Card in 22 accordance with the Illinois Identification Card Act, 23 indicating that the person named thereon has a Class 1A or 24 Class 2 disability or any qualified voter who has a permanent 25 physical incapacity of such a nature as to make it improbable SB2158 - 64 - LRB104 10882 SPS 20964 b 1 that he will be able to be present at the polls at any future 2 election, or any voter who is a resident of (i) a federally 3 operated veterans' home, hospital, or facility located in 4 Illinois or (ii) a facility licensed or certified pursuant to 5 the Nursing Home Care Act, the Specialized Mental Health 6 Rehabilitation Act of 2013, the ID/DD Community Care Act, or 7 the MC/DD Act and has a condition or disability of such a 8 nature as to make it improbable that he will be able to be 9 present at the polls at any future election, may secure a 10 voter's identification card for persons with disabilities or a 11 nursing home resident's identification card, which will enable 12 him to vote under this Article as a physically incapacitated 13 or nursing home voter. For the purposes of this Section, 14 "federally operated veterans' home, hospital, or facility" 15 means the long-term care facilities at the Jesse Brown VA 16 Medical Center, Illiana Health Care System, Edward Hines, Jr. 17 VA Hospital, Marion VA Medical Center, and Captain James A. 18 Lovell Federal Health Care Center. 19 Application for a voter's identification card for persons 20 with disabilities or a nursing home resident's identification 21 card shall be made either: (a) in writing, with voter's sworn 22 affidavit, to the county clerk or board of election 23 commissioners, as the case may be, and shall be accompanied by 24 the affidavit of the attending physician, advanced practice 25 registered nurse, or a physician assistant specifically 26 describing the nature of the physical incapacity or the fact SB2158 - 65 - LRB104 10882 SPS 20964 b 1 that the voter is a nursing home resident and is physically 2 unable to be present at the polls on election days; or (b) by 3 presenting, in writing or otherwise, to the county clerk or 4 board of election commissioners, as the case may be, proof 5 that the applicant has secured an Illinois Person with a 6 Disability Identification Card indicating that the person 7 named thereon has a Class 1A or Class 2 disability. Upon the 8 receipt of either the sworn-to application and the 9 physician's, advanced practice registered nurse's, or a 10 physician assistant's affidavit or proof that the applicant 11 has secured an Illinois Person with a Disability 12 Identification Card indicating that the person named thereon 13 has a Class 1A or Class 2 disability, the county clerk or board 14 of election commissioners shall issue a voter's identification 15 card for persons with disabilities or a nursing home 16 resident's identification card. Such identification cards 17 shall be issued for a period of 5 years, upon the expiration of 18 which time the voter may secure a new card by making 19 application in the same manner as is prescribed for the 20 issuance of an original card, accompanied by a new affidavit 21 of the attending physician, advanced practice registered 22 nurse, or a physician assistant. The date of expiration of 23 such five-year period shall be made known to any interested 24 person by the election authority upon the request of such 25 person. Applications for the renewal of the identification 26 cards shall be mailed to the voters holding such cards not less SB2158 - 66 - LRB104 10882 SPS 20964 b 1 than 3 months prior to the date of expiration of the cards. 2 Each voter's identification card for persons with 3 disabilities or nursing home resident's identification card 4 shall bear an identification number, which shall be clearly 5 noted on the voter's original and duplicate registration 6 record cards. In the event the holder becomes physically 7 capable of resuming normal voting, he must surrender his 8 voter's identification card for persons with disabilities or 9 nursing home resident's identification card to the county 10 clerk or board of election commissioners before the next 11 election. 12 The holder of a voter's identification card for persons 13 with disabilities or a nursing home resident's identification 14 card may make application by mail for an official ballot 15 within the time prescribed by Section 19-2. Such application 16 shall contain the same information as is included in the form 17 of application for ballot by a physically incapacitated 18 elector prescribed in Section 19-3 except that it shall also 19 include the applicant's voter's identification card for 20 persons with disabilities card number and except that it need 21 not be sworn to. If an examination of the records discloses 22 that the applicant is lawfully entitled to vote, he shall be 23 mailed a ballot as provided in Section 19-4 and, if 24 applicable, as provided in Section 19-4.5 . The ballot envelope 25 shall be the same as that prescribed in Section 19-5 for voters 26 with physical disabilities, and the manner of voting and SB2158 - 67 - LRB104 10882 SPS 20964 b 1 returning the ballot shall be the same as that provided in this 2 Article for other vote by mail ballots, except that a 3 statement to be subscribed to by the voter but which need not 4 be sworn to shall be placed on the ballot envelope in lieu of 5 the affidavit prescribed by Section 19-5. 6 Any person who knowingly subscribes to a false statement 7 in connection with voting under this Section shall be guilty 8 of a Class A misdemeanor. 9 For the purposes of this Section, "nursing home resident" 10 includes a resident of (i) a federally operated veterans' 11 home, hospital, or facility located in Illinois or (ii) a 12 facility licensed under the ID/DD Community Care Act, the 13 MC/DD Act, or the Specialized Mental Health Rehabilitation Act 14 of 2013. For the purposes of this Section, "federally operated 15 veterans' home, hospital, or facility" means the long-term 16 care facilities at the Jesse Brown VA Medical Center, Illiana 17 Health Care System, Edward Hines, Jr. VA Hospital, Marion VA 18 Medical Center, and Captain James A. Lovell Federal Health 19 Care Center. 20 (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15; 21 99-581, eff. 1-1-17; 99-642, eff. 6-28-16; 100-513, eff. 22 1-1-18 .) 23 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3) 24 Sec. 20-3. The election authority shall furnish the 25 following applications for registration by mail or vote by SB2158 - 68 - LRB104 10882 SPS 20964 b 1 mail ballot which shall be considered a method of application 2 in lieu of the official postcard. 3 1. Members of the United States Service and citizens of 4 the United States temporarily residing outside the territorial 5 limits of the United States may make application within the 6 periods prescribed in Sections 20-2 or 20-2.1, as the case may 7 be. Such application shall be substantially in the following 8 form: 9 "APPLICATION FOR BALLOT 10 To be voted at the ............ election in the precinct 11 in which is located my residence at ..............., in the 12 city/village/township of ............(insert home address) 13 County of ........... and State of Illinois. 14 I state that I am a citizen of the United States; that on 15 (insert date of election) I shall have resided in the State of 16 Illinois and in the election precinct for 30 days; that on the 17 above date I shall be the age of 18 years or above; that I am 18 lawfully entitled to vote in such precinct at that election; 19 that I am (check category 1, 2, or 3 below): 20 1. ( ) a member of the United States Service, 21 2. ( ) a citizen of the United States temporarily 22 residing outside the territorial limits of the United States 23 and that I expect to be absent from the said county of my 24 residence on the date of holding such election, and that I will 25 have no opportunity to vote in person on that day. 26 I hereby make application for an official ballot or SB2158 - 69 - LRB104 10882 SPS 20964 b 1 ballots to be voted by me at such election if I am absent from 2 the said county of my residence, and I agree that I shall 3 return said ballot or ballots to the election authority 4 postmarked no later than election day, for counting no later 5 than during the period for counting provisional ballots, the 6 last day of which is the 14th day following election day or 7 shall destroy said ballot or ballots. 8 (Check below only if category 2 and not previously 9 registered) 10 ( ) I hereby make application to become registered as a 11 voter and agree to return the forms and affidavits for 12 registration to the election authority not later than 30 days 13 before the election. 14 Under penalties as provided by law pursuant to Article 29 15 of the Election Code, the undersigned certifies that the 16 statements set forth in this application are true and correct. 17 ......................... 18 Post office address or service address to which 19 registration materials or ballot should be mailed 20 ......................... 21 ......................... 22 ......................... 23 ........................" 24 If application is made for a primary election ballot, such 25 application shall designate the name of the political party 26 with which the applicant is affiliated. SB2158 - 70 - LRB104 10882 SPS 20964 b 1 Such applications may be obtained from the election 2 authority having jurisdiction over the person's precinct of 3 residence. 4 2. A spouse or dependent of a member of the United States 5 Service, said spouse or dependent being a registered voter in 6 the county, may make application on behalf of said person in 7 the office of the election authority within the periods 8 prescribed in Section 20-2 which shall be substantially in the 9 following form: 10 "APPLICATION FOR BALLOT to be voted at the........... election 11 in the precinct in which is located the residence of the person 12 for whom this application is made at.............(insert 13 residence address) in the city/village/township of......... 14 County of.......... and State of Illinois. 15 I certify that the following named person................ 16 (insert name of person) is a member of the United States 17 Service. 18 I state that said person is a citizen of the United States; 19 that on (insert date of election) said person shall have 20 resided in the State of Illinois and in the election precinct 21 for which this application is made for 30 days; that on the 22 above date said person shall be the age of 18 years or above; 23 that said person is lawfully entitled to vote in such precinct 24 at that election; that said person is a member of the United 25 States Service, and that in the course of his duties said 26 person expects to be absent from his county of residence on the SB2158 - 71 - LRB104 10882 SPS 20964 b 1 date of holding such election, and that said person will have 2 no opportunity to vote in person on that day. 3 I hereby make application for an official ballot or 4 ballots to be voted by said person at such election and said 5 person agrees that he shall return said ballot or ballots to 6 the election authority postmarked no later than election day, 7 for counting no later than during the period for counting 8 provisional ballots, the last day of which is the 14th day 9 following election day, or shall destroy said ballot or 10 ballots. 11 I hereby certify that I am the (mother, father, sister, 12 brother, husband or wife) of the said elector, and that I am a 13 registered voter in the election precinct for which this 14 application is made. (Strike all but one that is applicable.) 15 Under penalties as provided by law pursuant to Article 29 16 of The Election Code, the undersigned certifies that the 17 statements set forth in this application are true and correct. 18 Name of applicant ...................... 19 Residence address ........................ 20 City/village/township........................ 21 Service address to which ballot should be mailed: 22 ......................... 23 ......................... 24 ......................... 25 ........................" 26 If application is made for a primary election ballot, such SB2158 - 72 - LRB104 10882 SPS 20964 b 1 application shall designate the name of the political party 2 with which the person for whom application is made is 3 affiliated. 4 Such applications may be obtained from the election 5 authority having jurisdiction over the voting precinct in 6 which the person for whom application is made is entitled to 7 vote. 8 (Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22 .) 9 (10 ILCS 5/20-4) (from Ch. 46, par. 20-4) 10 Sec. 20-4. Immediately upon the receipt of the official 11 postcard or an application as provided in Section 20-3 within 12 the times heretofore prescribed, the election authority shall 13 ascertain whether or not such applicant is legally entitled to 14 vote as requested, including verification of the applicant's 15 signature by comparison with the signature on the official 16 registration record card, if any. If the election authority 17 ascertains that the applicant is lawfully entitled to vote, it 18 shall enter the name, street address, ward and precinct number 19 of such applicant on a list to be posted in his or its office 20 in a place accessible to the public. Within one day after 21 posting the name and other information of an applicant for a 22 ballot, the election authority shall transmit that name and 23 posted information to the State Board of Elections, which 24 shall maintain the names and other information in an 25 electronic format on its website, arranged by county and SB2158 - 73 - LRB104 10882 SPS 20964 b 1 accessible to State and local political committees. As soon as 2 the official ballot is prepared the election authority shall 3 immediately deliver the same to the applicant in person, by 4 mail, by facsimile transmission, or by electronic transmission 5 as provided in Section 20-4.5, when applicable, and this 6 Article. 7 If any such election authority receives a second or 8 additional application which it believes is from the same 9 person, he or it shall submit it to the chief judge of the 10 circuit court or any judge of that court designated by the 11 chief judge. If the chief judge or his designate determines 12 that the application submitted to him is a second or 13 additional one, he shall so notify the election authority who 14 shall disregard the second or additional application. 15 The election authority shall maintain a list for each 16 election of the voters to whom it has issued vote by mail 17 ballots. The list shall be maintained for each precinct within 18 the jurisdiction of the election authority. Prior to the 19 opening of the polls on election day, the election authority 20 shall deliver to the judges of election in each precinct the 21 list of registered voters in that precinct to whom vote by mail 22 ballots have been issued. 23 Election authorities may transmit by facsimile or other 24 electronic means a ballot simultaneously with transmitting an 25 application for vote by mail ballot; however, no such ballot 26 shall be counted unless an application has been completed by SB2158 - 74 - LRB104 10882 SPS 20964 b 1 the voter and the election authority ascertains that the 2 applicant is lawfully entitled to vote as provided in this 3 Section. 4 (Source: P.A. 98-1171, eff. 6-1-15 .) 5 (10 ILCS 5/20-4.5 new) 6 Sec. 20-4.5. Primary ballots. 7 (a) Notwithstanding any other provision of law, a person 8 entitled to vote by absentee ballot in a primary election 9 shall not be required to declare his or her political party 10 affiliation and shall be provided with a ballot including all 11 candidates for offices, regardless of the party affiliation of 12 the candidates, for which the absentee voter is entitled to 13 vote in that primary election. 14 (b) With respect to the marking, casting, and counting of 15 primary ballots, absentee voting shall be conducted in 16 accordance with Sections 7-43 and 7-44 and any other 17 provisions of this Article. 18 (c) When voting absentee at a primary, the voter shall be 19 instructed to discard or otherwise destroy any ballot that the 20 voter does not intend to cast. A discarded or destroyed ballot 21 is not the ballot the voter agreed in the absentee ballot 22 application to return to the election authority. 23 (10 ILCS 5/20-5) (from Ch. 46, par. 20-5) 24 Sec. 20-5. The election authority shall fold the ballot or SB2158 - 75 - LRB104 10882 SPS 20964 b 1 ballots in the manner specified by the statute for folding 2 ballots prior to their deposit in the ballot box and shall 3 enclose such ballot in an envelope unsealed to be furnished by 4 it, which envelope shall bear upon the face thereof the name, 5 official title and post office address of the election 6 authority, and upon the other side of such envelope there 7 shall be printed a certification in substantially the 8 following form: 9 "CERTIFICATION 10 I state that I am a resident/former resident of the 11 ....... precinct of the city/village/township of ............, 12 (Designation to be made by Election Authority) or of the .... 13 ward in the city of ........... (Designation to be made by 14 Election Authority) residing at ................ in said 15 city/village/township in the county of ........... and State 16 of Illinois; that I am a 17 1. ( ) member of the United States Service 18 2. ( ) citizen of the United States temporarily residing 19 outside the territorial limits of the United States 20 3. ( ) nonresident civilian citizen 21 and desire to cast the enclosed ballot pursuant to Article 20 22 of the Election Code; that I am lawfully entitled to vote in 23 such precinct at the ........... election to be held on 24 ............ 25 I further state that I marked the enclosed ballot in 26 secret. SB2158 - 76 - LRB104 10882 SPS 20964 b 1 Under penalties as provided by law pursuant to Article 29 2 of the Election Code, the undersigned certifies that the 3 statements set forth in this certification are true and 4 correct. 5 ...............(Name) 6 ..................... 7 (Service Address) 8 ..................... 9 ..................... 10 ....................." 11 If the ballot enclosed is to be voted at a primary 12 election, the certification shall designate the name of the 13 political party with which the voter is affiliated. 14 In addition to the above, the election authority shall 15 provide printed slips giving full instructions regarding the 16 manner of completing the forms and affidavits for registration 17 by mail or the manner of marking and returning the ballot in 18 order that the same may be counted, and shall furnish one of 19 the printed slips to each of the applicants at the same time 20 the registration materials or ballot is delivered to him. 21 In addition to the above, if a ballot to be provided to an 22 elector pursuant to this Section contains a public question 23 described in subsection (b) of Section 28-6 and the territory 24 concerning which the question is to be submitted is not 25 described on the ballot due to the space limitations of such 26 ballot, the election authority shall provide a printed copy of SB2158 - 77 - LRB104 10882 SPS 20964 b 1 a notice of the public question, which shall include a 2 description of the territory in the manner required by Section 3 16-7. The notice shall be furnished to the elector at the same 4 time the ballot is delivered to the elector. 5 The envelope in which such registration or such ballot is 6 mailed to the voter as well as the envelope in which the 7 registration materials or the ballot is returned by the voter 8 shall have printed across the face thereof two parallel 9 horizontal red bars, each one-quarter inch wide, extending 10 from one side of the envelope to the other side, with an 11 intervening space of one-quarter inch, the top bar to be one 12 and one-quarter inches from the top of the envelope, and with 13 the words "Official Election Balloting Material-VIA AIR MAIL" 14 between the bars. In the upper right corner of such envelope in 15 a box, there shall be printed the words: "U.S. Postage Paid 42 16 USC 1973". All printing on the face of such envelopes shall be 17 in red, including an appropriate inscription or blank in the 18 upper left corner of return address of sender. 19 The envelope in which the ballot is returned to the 20 election authority may be delivered (i) by mail, postage paid, 21 (ii) in person, by the spouse, parent, child, brother, or 22 sister of the voter, or (iii) by a company engaged in the 23 business of making deliveries of property and licensed as a 24 motor carrier of property by the Illinois Commerce Commission 25 under the Illinois Commercial Transportation Law. 26 Election authorities transmitting ballots by facsimile or SB2158 - 78 - LRB104 10882 SPS 20964 b 1 electronic transmission shall, to the extent possible, provide 2 those applicants with the same instructions, certification, 3 and other materials required when sending by mail. 4 (Source: P.A. 100-201, eff. 8-18-17.) 5 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8) 6 Sec. 20-8. Time and place of counting ballots. 7 (a) (Blank.) 8 (b) Each vote by mail voter's ballot returned to an 9 election authority, by any means authorized by this Article, 10 and received by that election authority may be processed by 11 the election authority beginning on the day it is received by 12 the election authority in the central ballot counting location 13 of the election authority, but the results of the processing 14 may not be counted until the day of the election after 7:00 15 p.m., except as provided in subsections (g) and (g-5). 16 (c) Each vote by mail voter's ballot that is mailed to an 17 election authority and postmarked no later than election day, 18 but that is received by the election authority after the polls 19 close on election day and before the close of the period for 20 counting provisional ballots cast at that election, shall be 21 endorsed by the receiving authority with the day and hour of 22 receipt and shall be counted at the central ballot counting 23 location of the election authority during the period for 24 counting provisional ballots. 25 Each vote by mail voter's ballot that is mailed to an SB2158 - 79 - LRB104 10882 SPS 20964 b 1 election authority absent a postmark or a barcode usable with 2 an intelligent mail barcode tracking system, but that is 3 received by the election authority after the polls close on 4 election day and before the close of the period for counting 5 provisional ballots cast at that election, shall be endorsed 6 by the receiving authority with the day and hour of receipt, 7 opened to inspect the date inserted on the certification, and, 8 if the certification date is election day or earlier and the 9 ballot is otherwise found to be valid under the requirements 10 of this Section, counted at the central ballot counting 11 location of the election authority during the period for 12 counting provisional ballots. Absent a date on the 13 certification, the ballot shall not be counted. 14 If an election authority is using an intelligent mail 15 barcode tracking system, a ballot that is mailed to an 16 election authority absent a postmark may be counted if the 17 intelligent mail barcode tracking system verifies the envelope 18 was mailed no later than election day. 19 (d) Special write-in vote by mail voter's blank ballots 20 returned to an election authority, by any means authorized by 21 this Article, and received by the election authority at any 22 time before the closing of the polls on election day shall be 23 endorsed by the receiving election authority with the day and 24 hour of receipt and shall be counted at the central ballot 25 counting location of the election authority during the same 26 period provided for counting vote by mail voters' ballots SB2158 - 80 - LRB104 10882 SPS 20964 b 1 under subsections (b), (g), and (g-5). Special write-in vote 2 by mail voter's blank ballot that are mailed to an election 3 authority and postmarked no later than election day, but that 4 are received by the election authority after the polls close 5 on election day and before the closing of the period for 6 counting provisional ballots cast at that election, shall be 7 endorsed by the receiving authority with the day and hour of 8 receipt and shall be counted at the central ballot counting 9 location of the election authority during the same periods 10 provided for counting vote by mail voters' ballots under 11 subsection (c). 12 (e) Except as otherwise provided in this Section, vote by 13 mail voters' ballots and special write-in vote by mail voter's 14 blank ballots received by the election authority after the 15 closing of the polls on the day of election shall be endorsed 16 by the person receiving the ballots with the day and hour of 17 receipt and shall be safely kept unopened by the election 18 authority for the period of time required for the preservation 19 of ballots used at the election, and shall then, without being 20 opened, be destroyed in like manner as the used ballots of that 21 election. 22 (f) Counting required under this Section to begin on 23 election day after the closing of the polls shall commence no 24 later than 8:00 p.m. and shall be conducted by a panel or 25 panels of election judges appointed in the manner provided by 26 law. The counting shall continue until all vote by mail SB2158 - 81 - LRB104 10882 SPS 20964 b 1 voters' ballots and special write-in vote by mail voter's 2 blank ballots required to be counted on election day have been 3 counted. 4 (g) The procedures set forth in Articles 17 and 18 and, 5 with respect to primary elections, the procedures set forth in 6 Section 20-4.5, of this Code shall apply to all ballots 7 counted under this Section. In addition, within 2 days after a 8 ballot subject to this Article is received, but in all cases 9 before the close of the period for counting provisional 10 ballots, the election judge or official shall compare the 11 voter's signature on the certification envelope of that ballot 12 with the signature of the voter on file in the office of the 13 election authority. If the election judge or official 14 determines that the 2 signatures match, and that the voter is 15 otherwise qualified to cast a ballot under this Article, the 16 election authority shall cast and count the ballot on election 17 day or the day the ballot is determined to be valid, whichever 18 is later, adding the results to the precinct in which the voter 19 is registered. If the election judge or official determines 20 that the signatures do not match, or that the voter is not 21 qualified to cast a ballot under this Article, then without 22 opening the certification envelope, the judge or official 23 shall mark across the face of the certification envelope the 24 word "Rejected" and shall not cast or count the ballot. 25 In addition to the voter's signatures not matching, a 26 ballot subject to this Article may be rejected by the election SB2158 - 82 - LRB104 10882 SPS 20964 b 1 judge or official: 2 (1) if the ballot envelope is open or has been opened 3 and resealed; 4 (2) if the voter has already cast an early or grace 5 period ballot; 6 (3) if the voter voted in person on election day or the 7 voter is not a duly registered voter in the precinct; or 8 (4) on any other basis set forth in this Code. 9 If the election judge or official determines that any of 10 these reasons apply, the judge or official shall mark across 11 the face of the certification envelope the word "Rejected" and 12 shall not cast or count the ballot. 13 (g-5) If a ballot subject to this Article is rejected by 14 the election judge or official for any reason, the election 15 authority shall, within 2 days after the rejection but in all 16 cases before the close of the period for counting provisional 17 ballots, notify the voter that his or her ballot was rejected. 18 The notice shall inform the voter of the reason or reasons the 19 ballot was rejected and shall state that the voter may appear 20 before the election authority, on or before the 14th day after 21 the election, to show cause as to why the ballot should not be 22 rejected. The voter may present evidence to the election 23 authority supporting his or her contention that the ballot 24 should be counted. The election authority shall appoint a 25 panel of 3 election judges to review the contested ballot, 26 application, and certification envelope, as well as any SB2158 - 83 - LRB104 10882 SPS 20964 b 1 evidence submitted by the vote by mail voter. No more than 2 2 election judges on the reviewing panel shall be of the same 3 political party. The reviewing panel of election judges shall 4 make a final determination as to the validity of the contested 5 ballot. The judges' determination shall not be reviewable 6 either administratively or judicially. 7 A ballot subject to this subsection that is determined to 8 be valid shall be counted before the close of the period for 9 counting provisional ballots. 10 (g-10) All ballots determined to be valid shall be added 11 to the vote totals for the precincts for which they were cast 12 in the order in which the ballots were opened. 13 (h) Each political party, candidate, and qualified civic 14 organization shall be entitled to have present one pollwatcher 15 for each panel of election judges therein assigned. 16 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.) 17 (10 ILCS 5/24A-5) (from Ch. 46, par. 24A-5) 18 Sec. 24A-5. In precincts where an electronic voting system 19 is used, a sufficient number of voting booths shall be 20 provided for the use of such systems according to the 21 requirements determined by the State Board of Elections, and 22 the booths shall be arranged in the same manner as provided for 23 use with paper ballots. Each such booth shall be placed so that 24 the entrance to each booth faces a wall in such a manner that 25 no judge of election or pollwatcher is able to observe a voter SB2158 - 84 - LRB104 10882 SPS 20964 b 1 casting a ballot. 2 Whenever at a primary election at which an electronic 3 voting system is used there is also an election for officers or 4 on propositions in which qualified voters have the right to 5 vote without participating in the primary of any party, a 6 separate voting booth may be provided for those voters who do 7 not wish to participate in the primary of any party. Such 8 determination shall be made by resolution of the county board, 9 municipal board of election commissioners or county board of 10 election commissioners, whichever is applicable. Unless paper 11 ballots are used for such other election, such separate voting 12 booth shall contain a ballot label booklet containing only 13 those officers and propositions on which such voters are 14 entitled to vote. 15 (Source: P.A. 84-659.) 16 (10 ILCS 5/24A-6) (from Ch. 46, par. 24A-6) 17 Sec. 24A-6. The ballot information, whether placed on the 18 ballot or on the marking device, shall, as far as practicable, 19 be in the order of arrangement provided for paper ballots, 20 except that such information may be in vertical or horizontal 21 rows, or in a number of separate pages. Ballots for all 22 questions or propositions to be voted on must be provided in 23 the same manner and must be arranged on or in the marking 24 device or on the ballot sheet in the places provided for such 25 purposes. SB2158 - 85 - LRB104 10882 SPS 20964 b 1 When an electronic voting system utilizes a ballot label 2 booklet and ballot card, ballots for candidates, ballots 3 calling for a constitutional convention, constitutional 4 amendment ballots, judicial retention ballots, public 5 measures, and all propositions to be voted upon may be placed 6 on the electronic voting device by providing in the ballot 7 booklet separate ballot label pages or series of pages 8 distinguished by differing colors as provided below. When an 9 electronic voting system utilizes a ballot sheet, ballots 10 calling for a constitutional convention, constitutional 11 amendment ballots and judicial retention ballots shall be 12 placed on the ballot sheet by providing a separate portion of 13 the ballot sheet for each such kind of ballot which shall be 14 printed in ink of a color distinct from the color of ink used 15 in printing any other portion of the ballot sheet. Ballots for 16 candidates, public measures and all other propositions to be 17 voted upon shall be placed on the ballot sheet by providing a 18 separate portion of the ballot sheet for each such kind of 19 ballot. Whenever a person has submitted a declaration of 20 intent to be a write-in candidate as required in Sections 21 17-16.1 and 18-9.1, a line on which the name of a candidate may 22 be written by the voter shall be printed below the name of the 23 last candidate nominated for such office, and immediately to 24 the left of such line an area shall be provided for marking a 25 vote for such write-in candidate. The number of write-in lines 26 for an office shall equal the number of persons who have filed SB2158 - 86 - LRB104 10882 SPS 20964 b 1 declarations of intent to be write-in candidates plus an 2 additional line or lines for write-in candidates who qualify 3 to file declarations to be write-in candidates under Sections 4 17-16.1 and 18-9.1 when the certification of ballot contains 5 the words "OBJECTION PENDING" next to the name of the 6 candidate, up to the number of candidates for which a voter may 7 vote. More than one amendment to the constitution may be 8 placed on the same ballot page or series of pages or on the 9 same portion of the ballot sheet, as the case may be. Ballot 10 label pages for constitutional conventions or constitutional 11 amendments shall be on paper of blue color and shall precede 12 all other ballot label pages in the ballot label booklet. More 13 than one public measure or proposition may be placed on the 14 same ballot label page or series of pages or on the same 15 portion of the ballot sheet, as the case may be. More than one 16 proposition for retention of judges in office may be placed on 17 the same ballot label page or series of pages or on the same 18 portion of the ballot sheet, as the case may be. Ballot label 19 pages for candidates shall be on paper of white color , except 20 that in primary elections the ballot label page or pages for 21 the candidates of each respective political party shall be of 22 the color designated by the election official in charge of the 23 election for that political party's candidates ; provided that 24 the ballot label pages or pages for candidates for use at the 25 nonpartisan and consolidated elections may be on paper of 26 different colors, except blue, whenever necessary or desirable SB2158 - 87 - LRB104 10882 SPS 20964 b 1 to facilitate distinguishing between the pages for different 2 political subdivisions. On each page of the candidate booklet, 3 where the election is made to list ballot information 4 vertically, the party affiliation of each candidate or the 5 word "independent" shall appear immediately to the left of the 6 candidate's name, and the name of candidates for the same 7 office shall be listed vertically under the title of that 8 office. If no candidate or candidates file for an office and if 9 no person or persons file a declaration as a write-in 10 candidate for that office, then below the title of that office 11 the election authority instead shall print "No Candidate". In 12 the case of nonpartisan elections for officers of political 13 subdivisions, unless the statute or an ordinance adopted 14 pursuant to Article VII of the Constitution requires 15 otherwise, the listing of such nonpartisan candidates shall 16 not include any party or "independent" designation. Ballot 17 label pages for judicial retention ballots shall be on paper 18 of green color, and ballot label pages for all public measures 19 and other propositions shall be on paper of some other 20 distinct and different color. In primary elections, a separate 21 ballot label booklet, marking device and voting booth shall be 22 used for each political party holding a primary, with the 23 ballot label booklet arranged to include ballot label pages of 24 the candidates of the party and public measures and other 25 propositions to be voted upon on the day of the primary 26 election. One ballot card may be used for recording the SB2158 - 88 - LRB104 10882 SPS 20964 b 1 voter's vote or choice on all such ballots, proposals, public 2 measures or propositions, and such ballot card shall be 3 arranged so as to record the voter's vote or choice in a 4 separate column or columns for each such kind of ballot, 5 proposal, public measure or proposition. 6 If the ballot label booklet includes both candidates for 7 office and public measures or propositions to be voted on, the 8 election official in charge of the election shall divide the 9 pages by protruding tabs identifying the division of the 10 pages, and printing on such tabs "Candidates" and 11 "Propositions". 12 The ballot card and all of its columns and the ballot card 13 envelope shall be of the color prescribed for candidate's 14 ballots at the general or primary election, whichever is being 15 held. At an election where no candidates are being nominated 16 or elected, the ballot card, its columns, and the ballot card 17 envelope shall be of a color designated by the election 18 official in charge of the election. 19 The ballot cards, ballot card envelopes and ballot sheets 20 may, at the discretion of the election authority, be printed 21 on white paper and then striped with the appropriate colors. 22 When ballot sheets are used, the various portions thereof 23 shall be arranged to conform to the foregoing format. 24 Vote by mail ballots may consist of ballot cards, 25 envelopes, paper ballots, or ballot sheets. Where a ballot 26 card is used for voting by mail it must be accompanied by a SB2158 - 89 - LRB104 10882 SPS 20964 b 1 punching tool or other appropriate marking device, voter 2 instructions and a specimen ballot showing the proper 3 positions to vote on the ballot card or ballot sheet for each 4 party, candidate, proposal, public measure or proposition, and 5 in the case of a ballot card must be mounted on a suitable 6 material to receive the punched out chip. 7 Any voter who spoils his ballot or makes an error may 8 return the ballot to the judges of election and secure 9 another. However, the protruding identifying tab for proposals 10 for a constitutional convention or constitutional amendments 11 shall have printed thereon "Constitutional Ballot", and the 12 ballot label page or pages for such proposals shall precede 13 the ballot label pages for candidates in the ballot label 14 booklet. 15 (Source: P.A. 98-1171, eff. 6-1-15 .) 16 (10 ILCS 5/24B-6) 17 Sec. 24B-6. Ballot Information; Arrangement; Electronic 18 Precinct Tabulation Optical Scan Technology Voting System; 19 Vote by Mail Ballots; Spoiled Ballots. The ballot 20 information, shall, as far as practicable, be in the order of 21 arrangement provided for paper ballots, except that the 22 information may be in vertical or horizontal rows, or on a 23 number of separate pages or displays on the marking device. 24 Ballots for all questions or propositions to be voted on 25 should be provided in a similar manner and must be arranged on SB2158 - 90 - LRB104 10882 SPS 20964 b 1 the ballot sheet or marking device in the places provided for 2 such purposes. Ballots shall be of white paper unless provided 3 otherwise by administrative rule of the State Board of 4 Elections or otherwise specified. 5 All propositions, including but not limited to 6 propositions calling for a constitutional convention, 7 constitutional amendment, judicial retention, and public 8 measures to be voted upon shall be placed on separate portions 9 of the ballot sheet or marking device by utilizing borders or 10 grey screens. Candidates shall be listed on a separate portion 11 of the ballot sheet or marking device by utilizing borders or 12 grey screens. Whenever a person has submitted a declaration of 13 intent to be a write-in candidate as required in Sections 14 17-16.1 and 18-9.1, a line or lines on which the voter may 15 select a write-in candidate shall be printed below the name of 16 the last candidate nominated for such office. Such line or 17 lines shall be proximate to an area provided for marking votes 18 for the write-in candidate or candidates. The number of 19 write-in lines for an office shall equal the number of persons 20 who have filed declarations of intent to be write-in 21 candidates plus an additional line or lines for write-in 22 candidates who qualify to file declarations to be write-in 23 candidates under Sections 17-16.1 and 18-9.1 when the 24 certification of ballot contains the words "OBJECTION PENDING" 25 next to the name of that candidate, up to the number of 26 candidates for which a voter may vote. In the case of write-in SB2158 - 91 - LRB104 10882 SPS 20964 b 1 lines for the offices of Governor and Lieutenant Governor, 2 2 lines shall be printed within a bracket and a single square 3 shall be printed in front of the bracket. More than one 4 amendment to the constitution may be placed on the same 5 portion of the ballot sheet or marking device. Constitutional 6 convention or constitutional amendment propositions shall be 7 printed or displayed on a separate portion of the ballot sheet 8 or marking device and designated by borders or grey screens, 9 unless otherwise provided by administrative rule of the State 10 Board of Elections. More than one public measure or 11 proposition may be placed on the same portion of the ballot 12 sheet or marking device. More than one proposition for 13 retention of judges in office may be placed on the same portion 14 of the ballot sheet or marking device. Names of candidates 15 shall be printed in black. The party affiliation of each 16 candidate or the word "independent" shall appear near or under 17 the candidate's name, and the names of candidates for the same 18 office shall be listed vertically under the title of that 19 office, on separate pages of the marking device, or as 20 otherwise approved by the State Board of Elections. If no 21 candidate or candidates file for an office and if no person or 22 persons file a declaration as a write-in candidate for that 23 office, then below the title of that office the election 24 authority instead shall print "No Candidate". In the case of 25 nonpartisan elections for officers of political subdivisions, 26 unless the statute or an ordinance adopted pursuant to Article SB2158 - 92 - LRB104 10882 SPS 20964 b 1 VII of the Constitution requires otherwise, the listing of 2 nonpartisan candidates shall not include any party or 3 "independent" designation. Judicial retention questions and 4 ballot questions for all public measures and other 5 propositions shall be designated by borders or grey screens on 6 the ballot or marking device. In primary elections, a separate 7 ballot, or displays on the marking device, shall be used for 8 each political party holding a primary, with the ballot or 9 marking device arranged to include names of the candidates of 10 the party and public measures and other propositions to be 11 voted upon on the day of the primary election. 12 If the ballot includes both candidates for office and 13 public measures or propositions to be voted on, the election 14 official in charge of the election shall divide the ballot or 15 displays on the marking device in sections for "Candidates" 16 and "Propositions", or separate ballots may be used. 17 Vote by Mail ballots may consist of envelopes, paper 18 ballots, or ballot sheets. Where a Precinct Tabulation Optical 19 Scan Technology ballot is used for voting by mail it must be 20 accompanied by voter instructions. 21 Any voter who spoils his or her ballot, makes an error, or 22 has a ballot returned by the automatic tabulating equipment 23 may return the ballot to the judges of election and get another 24 ballot. 25 (Source: P.A. 98-1171, eff. 6-1-15 .) SB2158 - 93 - LRB104 10882 SPS 20964 b 1 (10 ILCS 5/24C-6) 2 Sec. 24C-6. Ballot Information; Arrangement; Direct 3 Recording Electronic Voting System; Vote by Mail Ballots; 4 Spoiled Ballots. The ballot information, shall, as far as 5 practicable, be in the order of arrangement provided for paper 6 ballots, except that the information may be in vertical or 7 horizontal rows, or on a number of separate pages or display 8 screens. 9 Ballots for all public questions to be voted on should be 10 provided in a similar manner and must be arranged on the ballot 11 in the places provided for such purposes. All public 12 questions, including but not limited to public questions 13 calling for a constitutional convention, constitutional 14 amendment, or judicial retention, shall be placed on the 15 ballot separate and apart from candidates. Ballots for all 16 public questions shall be clearly designated by borders or 17 different color screens. More than one amendment to the 18 constitution may be placed on the same portion of the ballot 19 sheet. Constitutional convention or constitutional amendment 20 propositions shall be placed on a separate portion of the 21 ballot and designated by borders or unique color screens, 22 unless otherwise provided by administrative rule of the State 23 Board of Elections. More than one public question may be 24 placed on the same portion of the ballot. More than one 25 proposition for retention of judges in office may be placed on 26 the same portion of the ballot. SB2158 - 94 - LRB104 10882 SPS 20964 b 1 The party affiliation, if any, of each candidate or the 2 word "independent", where applicable, shall appear near or 3 under the candidate's name, and the names of candidates for 4 the same office shall be listed vertically under the title of 5 that office. In the case of nonpartisan elections for officers 6 of political subdivisions, unless the statute or an ordinance 7 adopted pursuant to Article VII of the Constitution requires 8 otherwise, the listing of nonpartisan candidates shall not 9 include any party or "independent" designation. If no 10 candidate or candidates file for an office and if no person or 11 persons file a declaration as a write-in candidate for that 12 office, then below the title of that office the election 13 authority shall print "No Candidate". In primary elections, a 14 separate ballot shall be used for each political party holding 15 a primary, with the ballot arranged to include names of the 16 candidates of the party and public questions and other 17 propositions to be voted upon on the day of the primary 18 election. 19 If the ballot includes both candidates for office and 20 public questions or propositions to be voted on, the election 21 official in charge of the election shall divide the ballot in 22 sections for "Candidates" and "Public Questions", or separate 23 ballots may be used. 24 Any voter who spoils his or her ballot, makes an error, or 25 has a ballot rejected by the automatic tabulating equipment 26 shall be provided a means of correcting the ballot or SB2158 - 95 - LRB104 10882 SPS 20964 b 1 obtaining a new ballot prior to casting his or her ballot. 2 Any election authority using a Direct Recording Electronic 3 Voting System may use voting systems approved for use under 4 Articles 24A or 24B of this Code in conducting vote by mail or 5 early voting. 6 (Source: P.A. 98-1171, eff. 6-1-15 .) 7 (10 ILCS 5/24C-11) 8 Sec. 24C-11. Functional requirements. A Direct Recording 9 Electronic Voting System shall, in addition to satisfying the 10 other requirements of this Article, fulfill the following 11 functional requirements: 12 (a) Provide a voter in a primary election with the means of 13 casting a ballot containing votes for any and all candidates 14 of the party or parties of his or her choice, and for any and 15 all non-partisan candidates and public questions and preclude 16 the voter from voting for any candidate of any other political 17 party except when legally permitted. In a general election, 18 the system shall provide the voter with means of selecting the 19 appropriate number of candidates for any office, and of voting 20 on any public question on the ballot to which he or she is 21 entitled to vote. 22 (b) If a voter is not entitled to vote for particular 23 candidates or public questions appearing on the ballot, the 24 system shall prevent the selection of the prohibited votes. 25 (c) Once the proper ballot has been selected, the system SB2158 - 96 - LRB104 10882 SPS 20964 b 1 devices shall provide a means of enabling the recording of 2 votes and the casting of said ballot. 3 (d) System voting devices shall provide voting choices 4 that are clear to the voter and labels indicating the names of 5 every candidate and the text of every public question on the 6 voter's ballot. Each label shall identify the selection button 7 or switch, or the active area of the ballot associated with it. 8 The system shall be able to incorporate minimal, 9 easy-to-follow on-screen instruction for the voter on how to 10 cast a ballot. 11 (e) Voting devices shall (i) enable the voter to vote for 12 any and all candidates and public questions appearing on the 13 ballot for which the voter is lawfully entitled to vote, in any 14 legal number and combination; (ii) detect and reject all votes 15 for an office or upon a public question when the voter has cast 16 more votes for the office or upon the public question than the 17 voter is entitled to cast; (iii) notify the voter if the 18 voter's choices as recorded on the ballot for an office or 19 public question are fewer than or exceed the number that the 20 voter is entitled to vote for on that office or public question 21 and the effect of casting more or fewer votes than legally 22 permitted; (iv) notify the voter if the voter has failed to 23 completely cast a vote for an office or public question 24 appearing on the ballot; and (v) permit the voter, in a private 25 and independent manner, to verify the votes selected by the 26 voter, to change the ballot or to correct any error on the SB2158 - 97 - LRB104 10882 SPS 20964 b 1 ballot before the ballot is completely cast and counted. A 2 means shall be provided to indicate each selection after it 3 has been made or canceled. 4 (f) System voting devices shall provide a means for the 5 voter to signify that the selection of candidates and public 6 questions has been completed. Upon activation, the system 7 shall record an image of the completed ballot, increment the 8 proper ballot position registers, and shall signify to the 9 voter that the ballot has been cast. The system shall then 10 prevent any further attempt to vote until it has been reset or 11 re-enabled by a judge of election. 12 (g) Each system voting device shall be equipped with a 13 public counter that can be set to zero prior to the opening of 14 the polling place, and that records the number of ballots cast 15 at a particular election. The counter shall be incremented 16 only by the casting of a ballot. The counter shall be designed 17 to prevent disabling or resetting by other than authorized 18 persons after the polls close. The counter shall be visible to 19 all judges of election so long as the device is installed at 20 the polling place. 21 (h) Each system voting device shall be equipped with a 22 protective counter that records all of the testing and 23 election ballots cast since the unit was built. This counter 24 shall be designed so that its reading cannot be changed by any 25 cause other than the casting of a ballot. The protective 26 counter shall be incapable of ever being reset and it shall be SB2158 - 98 - LRB104 10882 SPS 20964 b 1 visible at all times when the device is configured for 2 testing, maintenance, or election use. 3 (i) All system devices shall provide a means of preventing 4 further voting once the polling place has closed and after all 5 eligible voters have voted. Such means of control shall 6 incorporate a visible indication of system status. Each device 7 shall prevent any unauthorized use, prevent tampering with 8 ballot labels and preclude its re-opening once the poll 9 closing has been completed for that election. 10 (j) The system shall produce a printed summary report of 11 the votes cast upon each voting device. Until the proper 12 sequence of events associated with closing the polling place 13 has been completed, the system shall not allow the printing of 14 a report or the extraction of data. The printed report shall 15 also contain all system audit information to be required by 16 the election authority. Data shall not be altered or otherwise 17 destroyed by report generation and the system shall ensure the 18 integrity and security of data for a period of at least 6 19 months after the polls close. 20 (k) If more than one voting device is used in a polling 21 place, the system shall provide a means to manually or 22 electronically consolidate the data from all such units into a 23 single report even if different voting systems are used to 24 record ballots. The system shall also be capable of merging 25 the vote tabulation results produced by other vote tabulation 26 systems, if necessary. SB2158 - 99 - LRB104 10882 SPS 20964 b 1 (l) System functions shall be implemented such that 2 unauthorized access to them is prevented and the execution of 3 authorized functions in an improper sequence is precluded. 4 System functions shall be executable only in the intended 5 manner and order, and only under the intended conditions. If 6 the preconditions to a system function have not been met, the 7 function shall be precluded from executing by the system's 8 control logic. 9 (m) All system voting devices shall incorporate at least 3 10 memories in the machine itself and in its programmable memory 11 devices. 12 (n) The system shall include capabilities of recording and 13 reporting the date and time of normal and abnormal events and 14 of maintaining a permanent record of audit information that 15 cannot be turned off. Provisions shall be made to detect and 16 record significant events (e.g., casting a ballot, error 17 conditions that cannot be disposed of by the system itself, 18 time-dependent or programmed events that occur without the 19 intervention of the voter or a judge of election). 20 (o) The system and each system voting device must be 21 capable of creating, printing and maintaining a permanent 22 paper record and an electronic image of each ballot that is 23 cast such that records of individual ballots are maintained by 24 a subsystem independent and distinct from the main vote 25 detection, interpretation, processing and reporting path. The 26 electronic images of each ballot must protect the integrity of SB2158 - 100 - LRB104 10882 SPS 20964 b 1 the data and the anonymity of each voter, for example, by means 2 of storage location scrambling. The ballot image records may 3 be either machine-readable or manually transcribed, or both, 4 at the discretion of the election authority. 5 (p) The system shall include built-in test, measurement 6 and diagnostic software and hardware for detecting and 7 reporting the system's status and degree of operability. 8 (q) The system shall contain provisions for maintaining 9 the integrity of memory voting and audit data during an 10 election and for a period of at least 6 months thereafter and 11 shall provide the means for creating an audit trail. 12 (r) The system shall be fully accessible so as to permit 13 blind or visually impaired voters as well as voters with 14 physical disabilities to exercise their right to vote in 15 private and without assistance. 16 (s) The system shall provide alternative language 17 accessibility if required pursuant to Section 203 of the 18 Voting Rights Act of 1965. 19 (t) Each voting device shall enable a voter to vote for a 20 person whose name does not appear on the ballot. 21 (u) The system shall record and count accurately each vote 22 properly cast for or against any candidate and for or against 23 any public question, including the names of all candidates 24 whose names are written in by the voters. 25 (v) The system shall allow for accepting provisional 26 ballots and for separating such provisional ballots from SB2158 - 101 - LRB104 10882 SPS 20964 b 1 precinct totals until authorized by the election authority. 2 (w) The system shall provide an effective audit trail as 3 defined in Section 24C-2 in this Code. 4 (x) The system shall be suitably designed for the purpose 5 used, be durably constructed, and be designed for safety, 6 accuracy and efficiency. 7 (y) The system shall comply with all provisions of 8 federal, State and local election laws and regulations and any 9 future modifications to those laws and regulations. 10 (Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.) 11 (10 ILCS 5/25-10) (from Ch. 46, par. 25-10) 12 Sec. 25-10. This Section applies only to counties of 13 3,000,000 or more population. When a vacancy occurs in the 14 office of Clerk of the Circuit Court of any of the counties in 15 this State, it shall be the duty of the Circuit Judges of the 16 respective judicial circuit in which such vacancy may occur, 17 to make an appointment to fill the vacancy for the remainder of 18 the unexpired term. However, if more than 28 months remain in 19 the term, the appointment shall be until the next general 20 election, at which time a clerk of the circuit court shall be 21 elected for the balance of the unexpired term. The appointee 22 shall be a member of the same political party as the person he 23 succeeds was at the time of his election and shall be otherwise 24 eligible to serve as Clerk of the Circuit Court. The Circuit 25 Judges may appoint a Clerk Pro Tempore for whatever period is SB2158 - 102 - LRB104 10882 SPS 20964 b 1 necessary while reviewing the qualifications of candidates for 2 appointment to the office. 3 (Source: P.A. 90-672, eff. 7-31-98.) 4 (10 ILCS 5/Art. 10 rep.) 5 Section 10. The Election Code is amended by repealing 6 Article 10. Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. By continuing to browse ILGA.gov you consent to our use of cookies. Read About Cookies ILGA.GOV 2026 ILGA.gov | All Rights Reserved | ADA | Disclaimers | Learn