Title 26 Ill. Adm. Code — Elections

26 Ill. Adm. Code 100.10 Definitions

a) General Definitions

"Article 9" means Article 9 of the Election Code (campaign disclosures, contributions and expenditures).

"Board" means the Illinois State Board of Elections.

"Election Code" or "Code" means 10 ILCS 5.

"File", "Filed" or "Filing" means:

The statement, report or document being filed is in apparent and substantial conformity with the requirements of the Election Code. Apparent and substantial conformity requires that the filing contain the following:

The signature of the person making the filing;

Completion of all applicable sections of the report; and

Attachment of all appropriate schedules.

Inadvertent error or omission of a de minimus nature in the completion of a report, statement or document shall not be deemed to be a "willful failure to file or a willful filing of false or incomplete information" under Code Section 9-26.

"Immediate Family" means the spouse, civil union party, parent, legal guardian or child of the public official, candidate or any other person referred to in this Part. A parent includes a stepparent or adoptive parent. A child means a biological, adopted, legal dependent or stepchild.

"Labor Union" means any organization of any kind, or any agency or employee representation committee or plan, in which employees participate and that exists for the purpose, in whole or in part, of bargaining with employers concerning grievances, labor disputes, wages, rates of pay, hours of employment or conditions of work.

"Public Office" means, among other things, an elective office. The term includes the political party offices of state central, county, ward, township and precinct committeeman.

"Signature" or "Signed", as used in Article 9 and this Part, includes electronic signatures attached and made a part of electronic records submitted to the State Board of Elections pursuant to Code Section 9-28, as well as electronic signatures permitted under the Uniform Electronic Transactions Act [815 ILCS 333].

"Submit" or "Submitting", as used in Code Section 9-11, means actually filing a report with the Board through the following methods:

uploading a report electronically or, if accomplished at a Board office or with the assistance of Board staff, the committee representative is present and/or authorizing the report filing;

using the U.S. Postal Service, overnight delivery, or any other delivery service;

e-mailing a report to D2@elections.il.gov or an elections specialist in the Division of Campaign Disclosure;

hand delivering a report to the Board; or

faxing a report to the Board.

With the exception of the chair or the treasurer, the person submitting the report on behalf of the committee must list themself as having submitted the report.

b) Definitions Interpreting Specific Sections of the Election Code

1. Assets

A) Reference: This definition of assets interprets or applies to Code Sections 9-5 and 9-11.

B) An asset is an item of property, other than cash or services, of any kind, tangible or intangible, that has either a fair market or salvage value in excess of $150. For reporting purposes, a loan made by a political committee that has not been repaid or forgiven shall be considered as an asset held as an investment.

2. Candidate

A) Reference: This subsection (b)(2) interprets or applies to Code Section 9-1.3.

B) "Candidate", as that term is defined in Code Section 9-1.3, shall include, but not be limited to:

i) A person who circulates or authorizes the circulation of nominating petitions on the candidate's behalf for public office;

ii) An individual who receives contributions or makes expenditures or gives consent for any other person to receive contributions or make expenditures for the purpose of bringing about the candidate's nomination for election or re-election to any office;

iii) Any judicial incumbent who qualifies for retention.

3. Contributions and Anything of Value

A) Reference: This subsection (b)(3) interprets or applies Code Sections 9-1.4, 9-1.5, 9-1.8, 9-1.12, 9-1.14 and 9-1.15.

B) The term "anything of value", as used in Code Sections 9-1.4, 9‑1.5 and 9-1.12, means any item, thing, service or goods, regardless of whether valued in monetary terms according to ascertainable market value.

C) "Anything of value" that does not have an ascertainable market value may be reported by describing the item, thing, service or goods contributed; however, nothing in this subsection (b)(3) relieves a committee or a contributor of the duty to provide as accurate an assessment of value as possible.

D) Interest, other investment income, earnings or proceeds, and refunds and returns shall not be reported as a contribution, but shall be reported as a receipt according to this subsection (b)(3). For purposes of reporting campaign receipts and expenses, income from investments shall be included as receipts during the reporting period they are actually received. The gross purchase price of each investment shall be reported as an expenditure at time of purchase. Net proceeds from the sale of an investment shall be reported as a receipt. During the period investments are held, they shall be identified by name and quantity of security or instrument on each quarterly report during the period. The value of each instrument as of the day the reporting period closes shall be included for each asset held as an investment.

E) In addition to the items expressly excluded in the Election Code, the terms "anything of value" and "contribution" shall not be deemed to include:

i) Any unreimbursed payments for travel or living expenses related to travel made by an individual who volunteers services on behalf of a political committee, including a candidate political committee;

ii) Any news story, commentary, endorsement or editorial of any broadcasting station, newspaper, magazine or other periodical publication;

iii) Any publication by a membership association or corporation to its officers, employees, members, stockholders, or members of the immediate families of these persons, so long as the membership association or corporation is not organized primarily for the purpose of influencing the nomination for election, election, or retention of any candidate, or supporting or opposing any question or questions of public policy;

iv) The occasional use of real property of a person or whoever, as defined in Code Section 9-1.6, and as defined in Section 100.10(b)(4), for the purpose of conveying information to officers, employees, members or stockholders of an association or a corporation, and the immediate families of these persons, including but not limited to the use of the premises for the purpose of a candidate communicating directly with officers, employees, members or stockholders and the immediate families of these persons;

v) Unrealized appreciation or loss of value of investments during the period they are held.

F) A loan of money from a bank, credit union, or other financial institution to a candidate or public official, or the candidate's or public official's political committee, shall not be listed as a contribution from that institution, but shall instead be listed on the committee's disclosure filings as a contribution from the person or persons endorsing the loan. Security for a loan, if provided by a person other than the candidate or the candidate political committee, does qualify as a contribution and shall be reported as having come from the person who provided it and shall be subject to contribution limits. A loan of money from a bank, credit union or other financial institution to a committee other than a candidate political committee shall not be considered a contribution from that institution, and shall not be subject to the contribution limits if the guarantor for the loan is the committee itself or if the loan agreement is signed by an authorized officer of the committee acting on the committee's behalf. These loans shall be reported on disclosure filings by listing the committee as endorser and also listing the financial institution from which the loan is obtained.

G) Independent expenditures are not contributions, as that term is defined in Code Section 9-1.4. Independent expenditures are those made for the purpose of electioneering communication, as that term is defined in Code Section 9-1.14, or that expressly advocates the election, nomination or defeat of a public official or candidate or for or against any question of public policy to be submitted to the voters and that is not made in cooperation, concert or consultation with, or at the request or suggestion of, the public official or candidate. Communications that expressly advocate the election, nomination or defeat of a public official or candidate or for or against any question of public policy to be submitted to the voters are those that unequivocally state in the communication that the public official or candidate ought to be elected, nominated or defeated or the question of public policy ought to be approved or defeated. These communications typically contain the terms "vote for", "elect" or, in the case of expressly advocating the defeat of a candidate, "vote against", "vote no", "defeat", etc.

H) "Clearly identifiable candidate" means the candidate's name (first name and surname) but does not necessarily have to include the candidate's middle name or middle initial. A clearly identifiable candidate can also be one that is described in such a way as to exclude any other candidate so as to leave no doubt in the mind of the person being communicated to as to whom the communication is referring. For example: "The Democratic Party's candidate for Mayor", "Congressman Jones", or "the former Republican candidate for Congressman who was defeated at the most recent General Election". A clearly identifiable candidate can also be described by use of a photograph or other visual image or likeness.

I) A communication by a corporation, a limited liability company, or an association to its members or stockholders and executive or administrative personnel, or the immediate families of these persons, is not a contribution. For purposes of this Part, a corporation is one that is registered with the Business Services Division of the Illinois Secretary of State or is similarly registered with any other state in compliance with that state's laws or that operates as or holds itself out as a corporation so that it would be required to register with the Illinois Secretary of State, regardless if it has taken affirmative action to so register. For purposes of this Part, an association is defined broadly to include any group of persons or entities that have a common purpose and that have an organizational structure with an existing membership roster and governing by-laws or other similar rules. An association includes those that are both for-profit and not-for-profit (however the entity does not necessarily have to be organized under the laws of this or any other state) and includes a labor union as that term is defined in subsection (a).

J) A voter registration campaign or other Get Out The Vote (GOTV) activity is not deemed to be "anything of value" or a "contribution", so long as the campaign or activity makes no mention of any clearly identified candidate, public question, political party, group or combination of these entities.

4. Person or Whoever

A) Reference: This subsection (b)(4) interprets or applies Code Section 9-1.6.

B) The terms "other organizations" and "groups of persons" as defined in Code Section 9-1.6 shall include, but not be limited to, all corporations, labor unions, trade associations or other such groups, religious organizations, fraternal societies, luncheon and dinner organizations, etc.

5. Political Committee

A) Reference: This subsection (b)(5) interprets or applies Code Sections 9-1.8 and 9-1.9.

B) A person or whoever, as defined in Code Section 9-1.6 and in subsection (b)(4) of this Section, does not qualify as a political committee pursuant to Article 9 of the Election Code by simply making a contribution from that person's personal income or profits, regardless of the amount of the donations. If an entity, other than a natural person, makes an independent expenditure or expenditures in aggregate within a 12 month period in excess of $3,000 supporting or opposing public officials or candidates, then the entity qualifies as a political committee.

C) If a person solicits or receives funds for political purposes and meets the criteria of one of the committee types listed in subsection (b)(5)(D) during any 12-month period, that person would become a political committee and would have to comply with all provisions of Article 9. The provisions of this subsection (b)(5) shall not apply to those persons who accept contributions from at least 5 individuals as provided in Code Section 9-6.

D) Political committees shall include candidate political committees, political party committees, political action committees, ballot initiative committees, independent expenditure committees, and limited activity committees, as those terms are defined in Code Section 9-1.8. Candidates who form a new political party under Code Section 10-2 may collectively form a political party committee to support their candidacies or each candidate may individually form a candidate political committee. Groups of candidates may collectively form a political action committee to support their candidacies, or each candidate may individually form a candidate political committee. In no case may a candidate form both a candidate political committee and a political action committee to support the candidate's own candidacy. Candidates who exercise the option of forming a political action committee may not include the names of any of the candidates in the name of the political action committee. The name of a political action committee must include the name of the entity forming the committee. [10 ILCS 5/9-2(d)]. In all cases except political party committees, political committees are limited to those that accept contributions or make expenditures or independent expenditures in an aggregate amount exceeding $5,000 on behalf of or in opposition to candidates, or, in the case of a ballot initiative committee, in support of or opposition to questions of public policy.

i) Political Party Committees referred to in Code Section 9‑1.8(c) include "legislative caucus committees" and are defined as caucuses that are established by either 5 or more members of the same caucus in the Senate or 10 or more members of the same caucus in the House of Representatives. These committees shall include any caucus declared by its membership to be a caucus. If the number of caucus members of a given caucus committee decreases below the designated threshold (5 Senate/10 House members), the caucus committee shall become a political action committee, as that term is defined in Code Section 9-1.8, and be subject to the contribution limits pertaining to political action committees established in Code Section 9-8.5(d), unless the caucus committee either fills the vacancy or dissolves within 5 business days after the date the vacancy occurred.

ii) A committee formed by a ward or township committeeman of a political party shall be designated as a political party committee. Pursuant to Code Section 7-8(b), only ward committeemen in the City of Chicago and township committeemen in Cook County qualify for this designation. Nothing in this subsection (b)(5)(D)(ii) shall be construed to limit the ability of a ward or township committeeman to form a candidate political committee in support of their own candidacy.

iii) For purposes of Code Section 9-1.9, a judicial candidate running for retention subsequent to their first retention candidacy following the candidate's election shall be subject to the election cycle established in Code Section 9‑1.9(3), except that the period shall begin on January 1 following the candidate's retention (as opposed to their election) and extending to the day the candidate files their next declaration to seek retention and the period beginning after that day and extending to December 31 following the candidate's retention election. This judicial retention election cycle is subject to the fundraising restrictions contained in Canon 7 of Rule 67 of the Rules of the Illinois Supreme Court (committees established to support judicial candidates may not solicit contributions more than 1 year preceding the election in which the candidate is seeking judicial office or retention, and no later than 90 days following the election).

iv) Any corporation, labor organization or association that acts as a conduit in facilitating the delivery of dues, levies or similar assessments to a political action committee as provided in Code Section 9-8.5(i) shall not, solely as a result of this activity, be considered to be a political action committee within the meaning of the disclosure and regulation requirements of Article 9 of the Code.

v) These election cycles apply regardless of whether the candidate only appears on either the consolidated primary ballot or the consolidated election ballot. For purposes of Code Section 9-1.9(4), the election cycle for a candidate political committee organized to support a candidate to be nominated or elected at a consolidated primary election or elected at a consolidated election, or municipal or runoff election in cities of 1,000,000 or more population occurring on the date of the regularly scheduled consolidated primary or consolidated election, shall run from:

• the period beginning July 1 following the consolidated election for which the candidate seeks election and ending on the day of the next consolidated primary election for that office; or

• the period beginning the day after the consolidated primary election for the office to which the candidate seeks nomination or election and through June 30 following the consolidated election held that year.

vi) If a candidate political committee established for multiple offices elected at different elections changes its election cycle pursuant to Code Section 9-2(b), the committee shall be subject to the new election cycle established under Code Section 9-1.9 and to the contribution limits for the new election cycle contained in Code Section 9-8.5(b). Contributions received by the committee prior to the date of the establishment of the new election cycle will be counted towards the contribution limit for each contributor, with the following exception: the contributions shall not be considered to have been received in excess of contribution limits if the limit was exceeded solely because of the establishment of the new election cycle. However, for the remainder of the new election cycle, the committee would be considered to have received the maximum allowable contribution from that contributor for that election cycle and would be prohibited from receiving any additional contributions from that contributor during the remainder of the new election cycle.

vii) The election cycles for a limited activity committee are identical to those for the candidate political committee from which the limited activity committee was converted under Code Section 9-3.5, based on the office most recently sought by the candidate.

E) If an entity forming a political action committee under Code Section 9-2(d) is not a clearly identifiable trust, partnership, committee, association, corporation or other organization, but rather a group of persons lacking any formal organizational structure, the name of the political committee shall include the name (first and last) of the person or persons responsible for its formation or its continuing operation. This Section shall not apply to established party candidates who collectively form a political action committee to support their candidacies pursuant to subsection (b)(5)(D).

F) The name of a ballot initiative committee must include a brief description of the question or questions and whether the committee is organized to support or oppose the question or questions. The name shall not exceed 70 characters (based on U.S. Post Office restrictions applicable to mailing labels) and shall include keywords that would provide a reasonable person with a general understanding of the subject matter of the question or questions and whether the committee was formed to support or oppose the question or questions.

G) A candidate political committee of a former officeholder or supporting a now deceased candidate or officeholder may, subject to the applicable contribution limits, maintain the committee as a candidate political committee, close the committee and dispose of any remaining funds as indicated on its D-1 Statement of Organization, or convert the committee to a political action committee by filing an amended D-1 Statement of Organization amending the committee type, as well as the name, purpose of the committee, and any other information that has changed.

H) A political committee that converts to a new committee type as defined in Code Section 9-1.8 is limited in the amount of funds that it may retain under the new committee type designation to the contribution limits in Code Section 9-8.5. The applicable limit shall be determined by the amount of funds allowed to be contributed from the original committee type to the new committee type. If the committee has a fund balance that exceeds the normal contribution limit from the original committee type to the new committee type, it must first dispose of the excess funds before making the conversion. A candidate political committee changing the candidate it is supporting shall be considered to be transferring funds from one candidate political committee to another, and shall be limited in the amount of funds it may retain to the contribution limits between two candidate political committees. If the committee has a fund balance that exceeds that limit, it must first dispose of the excess funds before making the conversion. A candidate political committee that owes outstanding fines is prohibited from changing its committee type or the candidate supported by the committee until the fines are paid in full.

I) A candidate or officer of a candidate political committee who notifies the Board of their intention to convert a candidate political committee to a limited activity committee under Code Section 9-3.5 must complete the transition within 60 days after their confirmation to an affected office, as required by Section 3A-50(b) of the Illinois Governmental Ethics Act [5 ILCS 420].

6. Statement of Organization

A) Reference: This subsection (b)(6) interprets Code Section 9-3.

B) A committee officer must, in filling out the Form D-1, use the name that appears on that officer's birth certificate, baptismal record, voter's registration card, statement of candidacy or nominating petition, or any other name by which the officer is commonly known in the community in which the officer resides. Aliases created for the purpose of filing under Article 9 of the Election Code may not be used.

C) The prohibitions contained in Code Section 9-3(d)(iii) and (d‑5)(iii) against making contributions from a ballot initiative committee or an independent expenditure committee to a candidate or candidates for nomination for election, election or retention to public office shall not include refunds of contributions to the candidate so long as the refund does not exceed the amount the candidate originally contributed. Nothing in Code Section 9-3(d)(i) prohibits an independent expenditure committee from making expenditures on its own behalf for the customary and reasonable expenses of operating a political committee, provided that the expenditures are not made in connection, consultation or concert with, or at the request or suggestion of, any other political committee, public official or candidate, or the agent or agents of the committee, public official or candidate.

D) A complaint for willfully filing a false or incomplete Statement of Organization shall be subject to the provisions of Code Sections 9‑20 and 9-21.

History

• Source: Amended at 50 Ill. Reg. 5180, effective March 27, 2026

Chapter I State Board of Elections

Part 100 Campaign Financing

26 Ill. Adm. Code 100.20 Official Forms

a) Reference: This Section interprets or applies Sections 9-10(a) and 9-15(1) of the Election Code.

b) Political committees are required to use only the official forms or copies of official forms and appropriate schedules approved by the State Board of Elections when filing any disclosure reports, except as otherwise permitted under Section 100.80. Alternative methods of reporting are prohibited unless prior written approval has been received by the political committee from the State Board of Elections. Prior written approval will be given based on the compatibility of alternative methods with the Board's present system.

History

• Source: Amended at 35 Ill. Reg. 2295, effective February 4, 2011

26 Ill. Adm. Code 100.30 Forwarding of Documents (repealed)

History

• Source: Repealed at 16 Ill. Reg. 6982, effective April 21, 1992

26 Ill. Adm. Code 100.40 Vacancies in Office - Custody of Records

Reference: This Section interprets or applies Code Sections 9-3, 9-5, 9-7, 9-10, 9-13 and 9-15.

a) Death

Upon the death of the treasurer of a committee, the candidate or, if the candidate is unable or unwilling to act, the remaining officers of the committee shall appoint a new treasurer and amend the Statement of Organization (Form D-1) within 10 days after the date of death of the treasurer. In the event there is no candidate or remaining officers of the committee, the person or persons who succeed to the interests of the committee in its funds shall be responsible for filing all appropriate reports until such time as new officers are chosen or the committee terminates.

b) Removal from Office

In the case of a single candidate related committee whose officers were originally named by the candidate, the candidate shall have the right to remove any and all officers of his or her committee, provided the removal be done in writing and that the candidate comply with all requirements of the Act in the absence of officers for the candidate related committee. If a candidate removes from office any or all officers of the committee, all records related to the committee shall be maintained by the candidate. If former officers request, the candidate shall allow them access to records and provide reasonable opportunity to make copies.

c) Resignation

If the treasurer and all other officers resign and no new officers are appointed, the former treasurer and officers or, in the case of candidate related committees, the candidate shall be responsible for terminating the committee. When an individual vacates the position of treasurer, he or she shall verify the accuracy of his or her records to the succeeding treasurer. The succeeding treasurer shall not be held responsible for the veracity or accuracy of the records of the predecessors.

d) Inability to Sign

All reports shall be verified, dated and signed by either the treasurer of the political committee making the statement or the candidate on whose behalf the statement is made. However, should it be impossible for the political committee to obtain the signature of the treasurer or candidate prior to the filing deadline, then another may sign for the treasurer, provided that the treasurer submits a letter within 30 days after the filing indicating that the substituted signature is authorized and the treasurer accepts responsibility as if he or she had signed. The substituted signature shall read, "treasurer's name, by name of person signing". If the treasurer failed to submit a letter within 30 days, then the report filed shall be considered a nonfiling.

e) All reports, original reports, and other campaign documents required to be kept by a political committee under Article 9 of the Election Code remain the property of the political committee. No chairman, treasurer or candidate shall have any proprietary or possessory interest in the documents in derogation of the rights of the committee itself.

f) If any political committee changes any officers, all records, statements and reports in the possession of the outgoing officers shall be transferred within 10 days following the change to the person or persons newly responsible for the maintenance of those records and/or the filing of reports.

g) If any outgoing officer fails to turn over the records in his or her care to a successor, in accord with this Section, or if any officer attempts to withhold records from other officers of the committee, the committee chairman, the treasurer, or the candidate may file a complaint before the Board requesting a turnover order.

h) A committee that fails to preserve the records and accounts required by Code Section 9-7 or by this Part for the periods required by statute or rule may be required to reconstruct its records and accounts if doing so is necessary to the audit of its records. If a committee is required to reconstruct its records, it must pay all of the costs and charges, including bank or accountants fees, for the reconstruction of the records.

History

• Source: Amended at 39 Ill. Reg. 8060, effective May 19, 2015

26 Ill. Adm. Code 100.50 Multiple Filings by State and Local Committees (repealed)

History

• Source: Repealed at 35 Ill. Reg. 2295, effective February 4, 2011

26 Ill. Adm. Code 100.60 Filing Option for a Federal Political Committee

a) Reference: This Section interprets or applies Code Section 9-15.

b) Any "person" or "whoever", as defined by Code Section 9-1.6, qualifying as a political committee under Article 9 of the Election Code and filing Federal Election Commission reports may choose to comply with the provisions of Article 9 by so indicating on a Statement of Organization (Form D-1) filed with the State Board of Elections.

c) A political committee may choose to file reports pursuant to this Section, either by amendment or for the first time, by stating on Part 6 of the Statement of Organization (Form D-1) the following: "Campaign financing reports will be filed pursuant to Section 100.60, Campaign Financing Regulations, State Board of Elections."

d) Pursuant to the state filing waiver program (52 U.S.C. 30113), a federal political committee also qualifying as a political committee under Article 9 shall not file a copy of all Federal Election Commission reports with the State Board of Elections.

e) A political committee filing reports pursuant to this Section that makes an independent expenditure of $1,000 or more supporting or opposing a candidate for State or local office in Illinois must notify the State Board of Elections, in writing, within 5 business days after making the independent expenditure, except that, if the independent expenditure is made in the 60 day period before an election, the notification must be filed within 2 business days. The notification shall contain the information required in Code Section 9-11(c).

f) This Section shall not authorize any person to receive or expend in Illinois an anonymous contribution on behalf of or in opposition to a candidate covered by Article 9 or in support of or in opposition to a question of public policy.

History

• Source: Amended at 47 Ill. Reg. 5468, effective March 30, 2023

26 Ill. Adm. Code 100.70 Reports of Contributions and Expenditures

a) Reference: This Section interprets or applies Code Sections 9-6, 9-10 and 9-11.

b) All contributions, as that term is defined in Code Section 9-1.4, of $1,000 or more, including loans and in-kind contributions, must be reported to the State Board of Elections on a Schedule A-1 within 5 business days after receipt, except that, if the contribution is received within 30 days prior to an election, the contribution must be reported on a Schedule A-1 within 2 business days after receipt. The requirement to file a Schedule A-1 Report within 2 business days shall only apply to committees organized to support or oppose candidates, public officials or a public question that is on the ballot at that election, committees that spend an aggregate amount in excess of $500 on a public official or officials, candidate or candidates, or a question or questions of public policy that is on the ballot at that election, or committees organized to support or oppose a candidates who has filed a declaration of intent to be a write-in candidate at that election. The requirement to file a Schedule A-1 shall not apply to a committee that receives and returns the contribution in question prior to the filing deadline of the quarterly report in which the contribution is required to be disclosed. The receipt of the contribution and the expenditure showing its return to the contributor must be included on the committee’s quarterly report.

c) An expenditure to a payee who is in whole or in part only a conduit for payment to another, such as a political consultant, credit card issuer or Paypal, must include by way of detail or separate entry the amount of funds passing to each vendor, business entity or person receiving funds from the payment, together with the reason for each disbursement and the beneficiary of the disbursement. This provision shall not apply to a political consulting firm or political consultant, campaign worker, volunteer or political operative, etc., if the amount paid to that entity is less than $3,000 in aggregate during the quarterly reporting period. Nothing in this Section shall be construed to impose a reporting obligation on any person not otherwise required to report under Article 9 of the Election Code or to require the itemization of expenditures not otherwise required to be itemized under Article 9.

d) Quarterly and A-1 Reports

1. Every active political committee must file quarterly reports, as required by Code Section 9-10(b).

2. Every active political committee must file Schedule A-1 reports, as required by Code Section 9-10(c) when a contribution of $1,000 or more from a single source is received, unless the contribution is received and returned prior to the filing deadline of the quarterly report in which the contribution is required to be disclosed.

A) The reports must be filed within 2 business days after receipt if the contribution is received within 30 days prior to an election and:

i) The political committee is, by the terms of its Form D-1 Statement of Organization, organized to support or oppose a candidate or a public question on the ballot at the next election; or

ii) The political committee makes expenditures in excess of $500, including expenditures for in-kind contributions and electioneering communications, or for independent expenditures, made on behalf of or in opposition to any candidate or public question on the ballot at the next election and those expenditures are made within the same election cycle as the election in question.

B) All other A-1 reports must be filed within 5 business days after receipt.

C) A political committee that meets the definition of a political committee in Code Section 9-1.8 but that has not yet filed a Statement of Organization is subject to the reporting requirements in Code Section 9-10(c) for contributions of $1,000 or more. In these cases, while it is recommended the committee first file a Statement of Organization, the Board will allow the committee to submit Schedule A-1 filings prior to the filing of a Statement of Organization.

e) A committee that, having determined that it will not participate in an election, subsequently makes an expenditure or an independent expenditure in excess of $500 or expends or has expended an aggregate amount in excess of $500 on behalf of or in opposition to a candidate or candidates or on behalf of a question or questions of public policy that will appear on the ballot at the next election shall, beginning with the date of that expenditure, report contributions of $1,000 or more received, as defined in Code Section 9-10(d), within 30 days prior to the election, within 2 business days after receipt by that person.

f) The authorization of persons to collect contributions on behalf of a political committee (see Code Section 9-6(a)) shall be in writing; shall state that the person is empowered to accept contributions on behalf of the committee; and shall include the signature of the officer or candidate granting the authorization. The authorization shall be provided to the person prior to acceptance of any contributions on behalf of the committee.

g) Pursuant to Code Section 9-11(f), a political committee is required to provide a description of the amended information on each amended quarterly report. The description must be sufficiently specific to alert a reasonable person as to what has been amended, but does not have to individually address each item that has been amended, added or deleted.

h) When determining the timeliness of any report, a filing received after 11:59:59 pm on the last actual business day of its required filing period shall be considered late. "Business day" means any day in which the office of the State Board of Elections is open to the public for a minimum of 7 hours, with the exception of State holidays as defined by Code Section 1-6.

History

• Source: Amended at 47 Ill. Reg. 5468, effective March 30, 2023

26 Ill. Adm. Code 100.75 Limitation on Campaign Contributions

Political committees are limited in the amount of contributions that they can accept. Appendix A, Table A lists the 6 types of political committees (candidate, political party, political action, ballot initiative, independent expenditure, and limited activity committees) and the specific contribution limitations applicable to each. Appendix A, Table B lists the election cycles for candidate political committees (subdivided according to the office sought), political party committees, political action committees, ballot initiative committees, independent expenditure committees, and limited activity committees.

a) A candidate political committee formed by a candidate who seeks nomination at a general primary election or a consolidated primary election is subject to limitations as to what amount it may receive in contributions from a political party committee during a primary election cycle. For this purpose, the primary election cycle begins with the day the candidate may begin circulating petitions and ends on the day of the primary election.

b) Political committees on file with the FEC that file pursuant to Section 100.60 may not make contributions to other political committees that are on file with the State Board of Elections exceeding the limits set forth in Code Section 9-8.5, except as provided in Code Section 9-8.5(c).

c) For political committees referred to in Code Section 9-1.8 (candidate, political party, political action, and limited activity), any contribution or transfer received in violation of Code Section 9-8.5 shall be disposed of within 30 days after being sent notice from the Board by:

1. Returning the amount of the contribution or transfer that exceeds the contribution limit, or an amount equal to that amount, to the contributor or transferor; or

2. Donating the amount of the contribution or transfer that exceeds the contribution limit, or an amount equal to that amount, to a charitable organization.

d) If a political committee is determined to have received a contribution or transfer in violation of Code Section 9-8.5, the Board will send, by first class mail, a notice to the committee and its officers of the apparent violation. The notice shall identify the contributions at issue, along with the committee's options under Code Section 9-8.5(j) and subsection (c) of this Section for disposing of the contributions (returning the amount to the contributor or donating the amount to a charity), and informing the committee that whatever disposal action it takes must be completed within 30 days after the date on the notice.

e) If a political committee fails to dispose of the contribution or transfer as provided in subsection (c):

1. The amount of the contribution or transfer that exceeds the contribution limit shall escheat to the State's General Revenue Fund within 30 days after the expiration of the 30 day period provided in subsection (c); and

2. The political committee shall be deemed to be in violation of this Section and be subject to a civil penalty not to exceed 150% of the amount of the contribution that exceeds the contribution limit.

f) When considering the amount of the civil penalty to be imposed, the Board will consider all relevant factors, including, but not limited to, the following:

1. Whether in the Board's opinion the violation was committed inadvertently, negligently, knowingly or intentionally;

2. Whether any attempt was made by the committee to return the contribution or transfer; and

3. Past violations of Code Section 9-8.5. Past violations of any committee composed of one or more of the same officers, or for the same purpose or for the support of the candidacy of the same person, irrespective of office, as the committee currently being assessed a civil penalty shall be considered relevant factors when considering the amount of the civil penalty to be imposed.

g) When a contribution is determined to have been received by a political committee in violation of Code Section 9-8.5(a) through (d) and it is further determined that the committee has not taken the remedial action required by Code Section 9-8.5(j) and subsection (c) of this Section, the Board will send, by first class mail, notice of violation to the chair and the treasurer of each political committee, and by certified mail to the address of the committee, together with an order assessing a civil penalty calculated in accord with this subsection (g). The notice of violation shall state that the Board has assessed a civil penalty that will be final unless the committee shows cause as to why the penalty should not be assessed. The provisions of 26 Ill. Adm. Code 125.425 relating to procedures to appeal civil penalty assessments shall apply to penalties assessed under this Section.

h) For purposes of adjusting the amounts of contribution limitations under Code Section 9-8.5(g), the Board will base the adjustments on the Consumer Price Index for All Urban Consumers – US City Average (Not Seasonally Adjusted), as provided by the U.S. Department of Labor. Adjustments shall be calculated:

1. On January 1, or the first business day following January 1, of each odd-numbered year, whichever comes first;

2. As a percent change, rounded to the nearest tenth, in the index point level of the 24 month period immediately preceding the most current month for which data is available. The change will then be applied to the existing contribution limits as of December 31 of the year immediately preceding the adjustment and rounded to the nearest $100.

i) For purposes of Code Section 9-8.5(b), an election cycle ending on the date of the consolidated primary election shall end on that date even if no consolidated primary election is held in that jurisdiction. The election cycle for the consolidated election shall begin on the day after the date of the consolidated primary election, even if no consolidated primary election is held in that jurisdiction. The election cycle for the consolidated election shall begin on the day after the date of the consolidated primary election and end on June 30 of that year even if the candidate was only on the ballot at the consolidated primary election and not on the ballot at the consolidated election.

j) For purposes of Code Section 9-8.5(b-5):

1. A candidate political committee established to support a candidate seeking nomination to the Supreme Court, Appellate Court, or Circuit Court may accept contributions from a corporation, labor organization, association or a political action committee established by a corporation, labor organization, or association that reports its contributions pursuant to Code Section 9-8.5(i).

2. "Employee" of a political committee established to support a candidate seeking nomination to the Supreme Court, Appellate Court, or Circuit Court includes any person acting as an agent of the committee, whether in a compensated or volunteer position.

k) For purposes of Code Section 9-8.5(h):

1. Contributions or loans from a public official or a candidate, or a public official's or candidate's immediate family, to the public official's or candidate's political committee shall not be subject to the contribution limits found in Code Section 9-8.5, except as provided in Code Sections 9-8.5(b-5) and 9-8.5(e-10).

2. "Candidate for the same office" shall be determined by candidate petition filings. Prior to the actual filing of petitions for a particular office, a candidate for that office wishing to receive official notice of a Notification of Self-funding from the Board must, during the same election cycle in which the Notification of Self-funding is effective, inform or have already informed the Board in writing of the candidate's intention to seek nomination or election to the office in question.

3. The 12 month period specified in Code Section 9-8.5(h) for a candidate seeking nomination or election at a general primary election or consolidated primary election begins 12 months prior to the date of the primary election and ends the date of the primary election. Thereafter, for nominated candidates who have not previously filed a Notification of Self-funding, calculation of the self-funding threshold begins the date after the general primary election or consolidated primary election, whichever is applicable, and ends the date of the general or consolidated election. The 12 month period specified in Code Section 9-8.5(h) for candidates not seeking nomination or election at a primary election begins 12 months prior to the general or consolidated election, whichever is applicable, and ends the day of the election.

l) For purposes of Code Section 9-8.5:

1. Candidates running together for the offices of Governor and Lieutenant Governor shall be considered to be candidates for the same office, so that the removal of the contribution limits for candidates for one office shall also be applied to candidates for the other office. An expenditure made by a candidate on behalf of his or her own candidacy for one office shall not be deemed an in-kind contribution to that candidate’s running mate, regardless of whether the expenditure is for the benefit of both candidates.

2. In an election in which there are no more than two candidates on the ballot for a particular office, any combination of independent expenditures made by a natural person or persons, independent expenditure committee or committees, or combination thereof, either supporting or opposing any candidate in the election for that office shall be considered in aggregate towards the calculation of whether the threshold allowing candidates to accept contributions in excess of the limits imposed by Code Section 9‑8.5(b) has been reached.

3. In an election in which there are more than two candidates on the ballot for a particular office, the calculation of whether the threshold allowing candidates to accept contributions in excess of the limits imposed by Code Section 9-8.5(b) has been reached shall only include independent expenditures made to support a single candidate or to oppose a single candidate, not a combination of independent expenditures made in support of or opposition to more than one candidate in the race.

m) For purposes of reporting of contributions, a contribution made via a check or other similar written instrument with more than one individual's name imprinted on it, but containing only one signature, shall be reported as coming solely from the signer, unless the instrument is accompanied by a written statement, signed by each individual making the contribution, declaring that the contribution was meant to be given by each of the undersigned individuals and declaring the amount of the contribution to be attributed to each of the individuals.

n) For purposes of determining contribution limits under Code Section 9-8.5, the term "corporation, labor union or association" shall include any "business entity" organized as either for profit or not for profit, and shall include, but not be limited to, a partnership, sole proprietorship, limited liability company or limited liability partnership.

History

• Source: Amended at 47 Ill. Reg. 5468, effective March 30, 2023

Chapter I State Board of Elections

Part 100 Campaign Financing

26 Ill. Adm. Code 100.80 Report Forms

a) Reference: This Section interprets or applies Sections 9-10 and 9-11 of the Election Code.

b) All reports submitted by political committees pursuant to Article 9 of the Election Code shall either be typed or printed legibly in black ink.

c) Computer sheets filed in lieu of forms or schedules shall not exceed 8½" x 11".

History

• Source: Amended at 42 Ill. Reg. 4977, effective February 28, 2018

26 Ill. Adm. Code 100.85 Independent Expenditures

a) When determining whether a natural person making an independent expenditure or expenditures has exceeded the $3,000 threshold triggering the requirement to file a written disclosure with the Board, the phrase "a public official or candidate" shall also include a slate of candidates. An independent expenditure made by a natural person shall be reported if the expenditure exceeds $3,000, regardless of how many public officials or candidates are supported or opposed by the expenditure. The report shall list the total amount expended and the names of all the public officials and candidates covered by the expenditure. The natural person shall not prorate the amount of the expenditure based on the number of covered public officials or candidates.

b) An independent expenditure or independent expenditures in excess of $3,000 made by an entity supporting or opposing a public official or candidate shall cause that entity to establish as a political committee regardless of how many public officials or candidates are supported or opposed by the expenditure. The entity shall not prorate the amount of the expenditure based on the number of covered public officials or candidates when determining whether it has to organize as a political committee.

c) After the filing of the initial written disclosure, a natural person has a continuing obligation to report, within 2 business days, any independent expediture made prior to the election in support of or in opposition to the public official or candidate, in $1,000 increments, on an additional written disclosure.

d) The written disclosure must include:

1. If a natural person, the name, address, occupation and each employer of the natural person.

2. The name and address of the public official, candidate, or each candidate listed on the slate of candidates.

3. The date and amount of each independent expenditure.

4. The nature/description of each independent expenditure.

History

• Source: Amended at 39 Ill. Reg. 8060, effective May 19, 2015

26 Ill. Adm. Code 100.90 Provision Circumvention

a) Reference: This Section interprets or applies Section 9-26 of the Election Code.

b) The State Board of Elections will view any attempt to circumvent the clear intentions of the Act by means of subterfuge as violations of Article 9 of the Election Code.

History

• Source: Amended at 35 Ill. Reg. 2295, effective February 4, 2011

26 Ill. Adm. Code 100.100 Proof of Identification; Application for Inspection and Copying (repealed)

History

• Source: Repealed at 24 Ill. Reg. 14214, effective September 11, 2000

26 Ill. Adm. Code 100.105 Administrative Termination of Political Committee

a) The Board's Division of Campaign Disclosure will administratively terminate a political committee if the Division is unable to locate the committee for a period of 12 months, or the committee has not filed any reports with the Board for a period of 12 months. Prior to the administrative termination, the Division must mail the committee a notice of administrative termination by first class mail, and more than 30 days must elapse from the date of mailing with no response from the committee. A committee that submits a written objection to the Board within 30 days shall not be administratively terminated, as long as it files any outstanding quarterly reports within 35 days after submitting its written objection.

b) A committee that is administratively terminated may be reopened by providing written notice to the Board of its intention to be reinstated as an active committee and subsequently filing any outstanding quarterly reports and paying any outstanding civil penalty assessments owed within 45 days after submitting its written notice.

c) A committee that seeks to be reinstated as an active committee but does not meet the requirements of subsection (b), or contends it was administratively terminated in error, may request a status hearing before the Board. Following the status hearing, the Board may reinstate the committee to active status if the Board is satisfied that the committee has presented a reasonable plan to file any outstanding quarterly reports and pay any outstanding civil penalty assessments owed by the committee within six months after submitting its written notice to be reinstated.

History

• Source: Added at 47 Ill. Reg. 5468, effective March 30, 2023

26 Ill. Adm. Code 100.110 Responsibility for Committee Debts or Penalties

a) If a political committee lends or donates funds to a second political committee while the lending or donating committee owes the State Board of Elections a civil penalty assessed under the provisions of Code Section 9-10, 9-23 or 9-26, the officers of the lending committee shall be jointly and severally personally liable to the extent allowed by law for payment of the civil penalty to the extent of the funds loaned or given.

b) If a political committee goes out of existence while it owes the State Board of Elections a civil penalty assessed under Code Section 9-10, 9-23 or 9-26 or if the committee is later assessed a civil penalty under Code Section 9-10, 9-23, or 9-26, any political committee formed within 24 months from the date of the final order imposing a civil penalty assessment on the first committee and composed of one or more of the same officers, or for the same purpose or for the support of the candidacy of the same person, irrespective of office, as the first committee, shall be deemed a successor committee and shall be responsible for payment of the civil penalty of the first committee.

c) If a candidate political committee closes or goes out of existence and the committee has been or is later assessed a civil penalty under Code Section 9-10, 9-23 or 9-26, any candidate political committee formed by the same candidate, regardless of office sought, that was in existence at the time of the violation shall be responsible for payment of the civil penalty of the closed committee.

d) A political committee that seeks to go out of existence while it is owed money by another political committee must first forgive the debt of the debtor political committee and must amend its reports to show the forgiven debt as a contribution to the debtor committee.

e) If a political committee seeks to go out of existence after a civil penalty has been imposed upon it pursuant to the Election Code and the rules promulgated under the Election Code, or if a civil penalty has been assessed by Board staff and the process of going out of existence is begun or about to begin, the political committee must first pay the civil penalty or, if it lacks sufficient funds to pay the civil penalty in full, pay to the State Board of Elections such sums as it has in its treasury in satisfaction of the civil penalty. Only upon payment of the civil penalty, either in full or in part, shall the committee be permitted to exit the reporting system established by Article 9 of the Illinois Election Code.

History

• Source: Amended at 47 Ill. Reg. 5468, effective March 30, 2023

26 Ill. Adm. Code 100.120 Receipt of Campaign Contributions

a) Every person or political committee that contributes goods or services to a committee shall provide to the treasurer of the political committee, within 5 business days after making the contribution, a detailed account of the contribution, including the name and address of the person or political committee making the contribution; a description and the market value of the goods or services; and the date on which the contribution was made. The ascertainable market value of goods and services assigned by the contributor or, if the contributor fails to provide the information to the recipient committee, by the recipient committee, shall be prima facie correct unless rebutted by clear and convincing evidence.

b) An entity defined by Code Section 9-1.6 or a political committee as defined by Code Section 9-1.8 shall acknowledge, to the donor, receipt of any notice it receives under subsection (a). No committee shall retain an in-kind contribution it has knowingly received unless it also receives the information from the contributor required by subsection (a) unless return of the contribution is impossible. If the contributor does not comply with subsection (a) and if the in-kind contribution cannot be returned, the beneficiary political committee shall nonetheless have the responsibility to report the in-kind contributions or expenditures from the contributor if it actually knows or reasonably should have known from the facts available to it that an in-kind contribution had been made in its behalf.

c) A monetary contribution is any contribution other than a gift of goods or services. The receipt date of the contribution is determined as follows:

1. A monetary contribution to a political committee is deemed to have been received on the date the contribution was deposited in a bank, financial institution or other repository of funds for the committee.

2. If not deposited into a bank, financial institution or other repository of funds, a monetary contribution is deemed to have been received as follows:

A) A cash contribution that is not deposited into a bank, financial institution or other repository of funds is deemed to be received on the date that the cash is given to any employee or agent of the committee.

B) A contribution in the form of a business check, personal check, money order, or cashier's check that is not deposited into a bank, financial institution, or other repository of funds is deemed to be received on the date the check is cashed and the cash becomes available to the committee. A contribution by credit card or other implement used for processing a monetary contribution that was deposited in a bank, financial institution or other repository of funds for the committee is deemed to be received on the date the committee received notice of the deposit.

d) A contribution of goods or services (in-kind contributions) possession of which is not actually obtained by the recipient committee is deemed received on the date the public official, candidate political or political committee received the notification of contribution of goods or services as required under Code Section 9-6(b) and subsection (a) of this Section. If no notification has been received, the in-kind contribution is deemed received on the date the candidate, chairman or treasurer of the recipient committee, or the public official, obtains knowledge of the in-kind contribution, including its value. A contribution of goods actually received by the committee is deemed to be made on the date the goods are transferred to the possession of the recipient. A contribution of services is deemed to be made on the date the services are actually performed.

e) When reporting receipt of a contribution of goods or services, the recipient committee shall, in addition to reporting the deemed date of receipt as defined by subsection (d), include by way of description the date on which the contribution was made, as reported to the committee pursuant to subsection (a).

History

• Source: Amended at 42 Ill. Reg. 4977, effective February 28, 2018

26 Ill. Adm. Code 100.125 Receipt of Quarterly Reports of Campaign Contributions and Expenditures

a) Quarterly reports of campaign contributions and expenditures must be received by the Board within the filing periods set forth in Code Section 9-10. Subject to subsections (b) and (c) of this Section, if the reports are filed by mail and received by the Board after the filing deadline, they shall be considered delinquent and subject to penalties as provided in Code Section 9-10 and 26 Ill. Adm. Code 125.425. However, pursuant to Code Section 9-10(b), if the envelope containing the reports bears a postmark showing that the envelope was mailed no later than 3 days prior to the due date, the reports shall be considered timely filed, regardless of when received in the office of the State Board of Elections. Reports filed via e-mail or facsimile transmission shall be considered timely if received no later than 11:59 pm on the date of the filing deadline, unless the committee is required to file electronically under Code Section 9-28.

b) If the envelope containing the quarterly report is not received by the Board, the envelope is received but does not have a postmark printed by the United States Postal Service, or if the postmark is illegible, the report will either be deemed to have not been received or be deemed to have been received on the date the envelope officially arrives in the office of the State Board of Elections. However, if the political committee is assessed a civil penalty for failing to file or delinquently filing the report and, as part of the committee's appeal of the civil penalty assessment, it is alleged by the treasurer, chair or candidate on a signed and notarized affidavit verifying that the report was mailed no later than 3 days prior to the filing deadline, and this is the first time the committee has made this claim as part of its appeal, the presumptive date of receipt will be rebutted by the testimony contained in the affidavit and the report will be deemed to have been timely received.

c) When the committee raises the defense described in subsection (b) as part of its appeal for any subsequent civil penalty assessments, the appeal affidavit shall be accompanied by a certificate issued by the U.S. Postal Service showing the date on which the envelope was deposited with the U.S. Postal Service. The Board will not consider this defense as valid in the absence of the certificate.

History

• Source: Amended at 47 Ill. Reg. 5468, effective March 30, 2023

26 Ill. Adm. Code 100.130 Reporting by Certain Nonprofit Organizations (repealed)

History

• Source: Repealed at 35 Ill. Reg. 2295, effective February 4, 2011

26 Ill. Adm. Code 100.140 Prohibited Contributions – State Property

a) Upon receipt of a notice of violation of Section 5-35 of the State Officials and Employees Ethics Act [5 ILCS 430/5-35], the State Board of Elections may assess a penalty not to exceed 100% of the value of the contribution giving rise to the violation. In determining whether to assess a penalty and the amount of a penalty, the Board will consider any mitigating or aggravating factors contained in the notice, including but not limited to the number of past violations of Article 9 of the Election Code, the amount of the contribution and whether, in the Board's view, the violation was unintentional or willful.

b) Persons against whom a penalty has been assessed by the Board may appeal the penalty. The provisions of 26 Ill. Adm. Code 125.425 governing the appeal procedures for violations of Article 9 shall apply to appeals of penalties assessed under this Section.

History

• Source: Amended at 35 Ill. Reg. 2295, effective February 4, 2011

26 Ill. Adm. Code 100.150 Electronic Filing of Reports

a) The State Board of Elections will make electronic filing available to committees required to report electronically under Code Section 9-28 using a platform provided by the Board. Mandatory electronic filers may not send reports via U.S. mail, e-mail, or facsimile transmission in lieu of using the Board’s platform under Code Section 9-28 except as provided in subsection (c).

b) Once a committee exceeds the threshold that requires it to report electronically, it must continue to report electronically until it dissolves, whether or not its accumulation, receipts or expenditures fall beneath the levels set by statute for mandatory electronic filing.

c) Once a committee is required to file its reports electronically under Code Section 9-28, it must continue to file all reports electronically, except as follows:

1. A paper report shall be considered a timely filing if it is received by the Board on or before the filing deadline, provided that it covers the initial reporting period during which the mandatory electronic filing threshold is exceeded and that the report is filed electronically within 30 days after receipt of notice from the Board that this report was required to have been filed electronically. If the report is not filed electronically within this 30 day period, it shall be considered as never having been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425 will accrue from the date of the filing deadline.

2. A paper report shall be considered a non-filing if the committee has previously received the notification referred to in subsection (c)(1). If the report is not filed electronically by the filing deadline, it shall be considered as having never been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425 will accrue until such time as it is filed electronically.

3. A paper report shall be considered a timely filing if at least one previous report was required to have been filed electronically and the committee had never been notified by the Board that it was required to electronically file its reports, provided that the report is filed electronically within 30 days after the notification referred to in subsection (c)(1). If the report is not filed electronically within this 30 day period, it shall be considered as never having been filed and the civil penalties mandated by 26 Ill. Adm. Code 125.425 will accrue from the date of the filing deadline.

4. A paper report shall be considered a timely filing if it is received on or before the filing deadline, or if it is postmarked no later than 3 days before the filing deadline, and the committee has never exceeded the $10,000 threshold requiring the electronic filing of its reports, regardless of whether the committee filed previous reports electronically.

5. If a committee is assessed a civil penalty for delinquently filing a report electronically and, in the course of its appeal, raises the defense that computer related issues prohibited the timely filing of an electronic report, the Board may consider the following when determining the final outcome of the appeal:

A) Whether the committee has raised any electronic filing issue as a defense in a prior appeal. An electronic filing defense may be taken into consideration only once during the lifetime of a committee, barring extenuating circumstances.

B) The length of time the committee has been filing electronically, regardless of whether the committee officers or the persons actually filing the reports have changed.

C) Whether the committee had established an electronic filing account (user name and password) prior to 4:30 pm on the filing deadline date. Failure to contact the Board to establish or verify this information during normal business hours shall not constitute a valid electronic filing defense. Misplacing, forgetting or simply not knowing a user name or password shall not constitute a valid electronic filing defense.

D) If a committee misses a filing deadline due to an electronic filing issue that was known or should have been known at the time of an attempted filing, it must contact, and discuss the issue with, Board staff. The contact must be initiated within three business days after the deadline to qualify for an electronic filing defense, unless the Board determines that the committee was reasonably unaware of the electronic filing issue until a later date, in which case, the committee must have initiated contact with the Board within three business days after discovering the report was not successfully filed. The contact must be confirmed in writing by Board staff. Following this contact, the committee must make a reasonable attempt to resolve the issue and file the report as quickly as possible.

6. The electronic filing requirement established in this Section shall not apply to Reports of Independent Expenditures required to be filed by natural persons pursuant to Code Section 9-8.6, as those persons are not necessarily political committees.

History

• Source: Amended at 47 Ill. Reg. 5468, effective March 30, 2023

26 Ill. Adm. Code 100.160 Good Faith

a) For purposes of this Section, "contributor" includes the terms "lender" and "endorser". A committee acts in good faith under Section 9-11 of the Election Code if:

1. its written solicitation for funds includes a clear written request for the name of the contributor's employer and the occupation of the contributor;

2. in the event it receives a contribution lacking the name of the contributor's employer and the occupation of the contributor in circumstances in which the information is required, it makes at least one effort to obtain the missing information; and

3. in the event its request for information is unanswered, the committee includes in its report the best and most current information it may have from whatever source, including its own records and earlier reports, about the name of the contributor's employer and the occupation of the contributor.

b) The request shall appear in a clear and conspicuous manner on any response material contained in the solicitation.

c) An effort to obtain missing information must be in writing, or be made orally and documented by writing, and must be made on or before the close of the reporting period in which the contribution or loan was received. The request must clearly ask for the missing information and must contain no other language except thanks to the contributor or lender for the contribution or loan. If the request is in writing, it must be accompanied by a pre-addressed return postcard or envelope.

d) If the name of the employer of a contributor that is required to be reported under Article 9 of the Election Code is unknown at the time the contribution must be reported and a good faith effort has been made to secure that information, the contribution may be reported without the information. However, if the omitted information subsequently becomes known to the committee, the report that omits the information must be amended to add the information.

e) For the purpose of this Section, "employer" includes all natural and non-natural persons, including but not limited to corporations, partnerships and unincorporated associations.

History

• Source: Amended at 35 Ill. Reg. 2295, effective February 4, 2011

26 Ill. Adm. Code 100.170 Sponsoring Entity (Repealed)

History

• Source: Repealed at 50 Ill. Reg. 5180, effective March 27, 2026

26 Ill. Adm. Code 100.175 Audit Findings for Political Committees

a) The Board may order a political committee to conduct an audit of its financial records based upon criteria outlined in Code Section 9-13(b). These criteria are limited to a situation in which:

1. there is a discrepancy between the committee's ending and beginning balances contained in 2 or more successive reports;

2. there is a failure to account for a previous investment or loan in a subsequent report or reports; and

3. there is a willful pattern of nonreconciliation of contributions received from or expenditures made from one political committee to another political committee, such that the reported amounts of the one committee do not correspond with the reported amounts of the other committee.

b) Conditions Precedent to Requirement for an Audit Pursuant to Code Section 9‑13(b)

1. Prior to ordering an audit pursuant to subsection (a), the Board will send to the committee address, the committee chairman, the committee treasurer, and any candidate designated on the Form D-1 Statement of Organization as being supported by the committee a notice in the form of a pre-audit letter stating that the Board intends to order the committee to conduct an audit based upon reasons outlined in the letter.

2. Prior to conducting an audit pursuant to subsection (a), the committee will be afforded an opportunity for a closed preliminary hearing to give reasons why the committee should not be ordered to conduct an audit, and the committee will be given an opportunity to correct the deficiencies or omissions that gave rise to the issuance of the pre-audit letter. At the conclusion of the closed preliminary hearing, a recommendation will be issued stating whether grounds exist to order the audit.

3. If, after the closed preliminary hearing, the Board determines that there are insufficient grounds upon which to order an audit, no further action will be taken.

4. If, after the closed preliminary hearing, the Board determines that there are sufficient grounds upon which to order an audit, the committee will be ordered to conduct an audit as provided in Code Section 9-13.

5. The procedures contained in 26 Ill. Adm. Code 125, Subparts A and B shall apply to the closed preliminary hearing to the extent that they are not inconsistent with the provisions of Code Section 9-13.

c) Selection of Committees for Random Audit

1. In each calendar year, the Board shall randomly select no more than 3% of the registered political committees to conduct an audit. No later than March 31 of the year of the selection, the Board will decide, based on staff recommendations, what percentage of political committees will be selected for audits in the year of the selection. The selection:

A) shall be made no later than the first business day in May; and

B) shall be made from all political committees on file with the Board whose status is active at the time of the random selection.

2. The method of selection shall be the same method that the Board uses to select the 5% of the total number of precincts in a given election authority jurisdiction for the purposes of conducting a post-election retabulation as provided in Code Sections 24A-15, 24B-15 and 24C-15. Once a committee has been selected to conduct an audit based on the random selection provided in subsection (c)(1), the Board shall send to the committee address, the committee chairman, the committee treasurer, and any candidate designated on the Form D-1 as being supported by this committee, a notice that the committee has been selected to conduct an audit. The provisions in subsection (b) relating to the closed preliminary hearing shall not apply to committees that have been randomly selected to conduct an audit; however, the committee may be excused from conducting an audit pursuant to subsection (h).

d) Auditor

1. A political committee that has been ordered to conduct an audit pursuant to this Section shall hire an entity qualified to perform the audit, i.e., a licensed certified public accountant (CPA) or other person qualified to perform an audit. The auditor shall:

A) have the proper training and experience to perform a financial analysis of campaign finance committees. The training may be the result of possession of a CPA license, possession of a degree in accounting from an accredited accounting or business school and/or experience as an accountant gained from past employment;

B) not have contributed to the political committee during the 4 year period immediately preceding the order of the audit; and

C) not be a current officer, a previous officer, or otherwise affiliated with the committee.

2. If the person selected by the committee to perform an audit is not a CPA, the committee shall, prior to the person conducting the audit, submit to the Board for approval the person selected. The committee shall include with the submission any information regarding the qualifications of the person to perform an audit that would inform the Board of the qualifications. The committee may appear before the Board to argue the selected person's qualifications. The Board shall provide written notice to the committee stating whether the selected person is approved and, if not approved, the reasons for denial of approval. If the Board does not approve of the person selected, the committee shall, within 10 business days after the date of the nonapproval notice, select another person to conduct the audit and submit that person for Board approval in accordance with this subsection (d).

e) Any audit ordered by the Board shall include and cover all financial records required to be maintained by the committee as provided in Code Section 9-7. The audit shall be conducted in such a way as to ensure compliance with the contribution limitations set forth in Code Section 9-8.5 and the reporting requirements set forth in Code Sections 9-3 and 9-10. The records shall include any and all financial records in the possession or under the control of the committee or the financial institution in which the committee's funds are held, including, but not limited to:

1. Bank statements;

2. Deposit slips;

3. Internal registers or ledgers; and

4. Records maintained and stored in any type of electronic medium.

f) The audit shall only cover the 2 year period immediately preceding the order of the audit or the period of time since the committee was last ordered to conduct an audit, whichever is shorter. However, if any portion of these time periods covers a time in which the contribution limits provision of Article 9 of the Election Code was not in effect, those limits shall not be included in the scope of the audit.

g) If the Board determines that the committee is in violation of Code Sections 9-3, 9‑8.5 or 9-10, it may assess a penalty for non-compliance consistent with the penalty provisions contained in those Sections and 26 Ill. Adm. Code 125.425. However, no additional penalty shall be imposed by the Board for any violation found as a result of a Board ordered audit if the Committee has previously been assessed a penalty for that violation.

h) Excusal from Random Audit

1. Any political committee, other than a state central committee or a county central committee, ordered by the Board to conduct a random audit whose chairman, treasurer or candidate on whose behalf the committee was formed, that states under oath, in a signed and notarized affidavit, that the committee lacks the financial means to hire a CPA or other qualified person may, in lieu of conducting an audit, dissolve as a political committee and file a final report with the Board within 60 calendar days following the date of the notice of audit. The committee must remain dissolved for a period of at least 4 years.

2. If the committee fails to dissolve within 60 calendar days after the date of the notice of audit, the Board staff shall contact the committee and inform it that the option of excusing itself from conducting an audit will not be available to the committee unless it dissolves within 30 calendar days after notification. If the committee does not dissolve within the 30 calendar days, the committee shall be required to conduct the audit under the provisions of Code Section 9-13 and Section 100.175 of this Part.

3. In order to be excused from conducting a random audit, the committee must have a funds balance that does not exceed the cost of hiring a CPA or other qualified person, based on the cost being typical for the county in which the committee is located. The committee must submit with its affidavit a written cost estimate from at least one CPA or other qualified person located in the county in which the chairman, treasurer or candidate resides. The provisions of subsection (d) pertaining to restrictions on CPAs or other qualified persons chosen to conduct an audit shall also apply to the CPA or other qualified person whose fee is used as a basis to determine the financial ability of the committee to pay the cost of a CPA or other qualified person.

4. If a political committee dissolves as a result of its financial inability to conduct an audit, as provided in subsection (h)(1), and then reactivates during the 4 year period it was required to remain dissolved, as a condition of its reactivation, within 60 days after reactivation, the committee must conduct an audit covering the 2 year period immediately prior to the committee's dissolution.

History

• Source: Amended at 39 Ill. Reg. 8060, effective May 19, 2015

26 Ill. Adm. Code 100.180 Business Entity Registration Procedures

a) This Section and Section 100.185 are adopted to comply with Public Act 95-971, as amended by Public Acts 96-848, 97-411, 97-895, and 103-570. Any business entity whose existing State contracts, whose pending bids and proposals on State contracts or whose pending bids and proposals on State contracts combined with the business entity's existing State contracts in aggregate total more than $50,000 shall register with the Board in accordance with Code Section 9-35. A business entity that wishes to submit a bid or proposal on a State contract must register with the Board prior to submitting the bid or proposal. The Board will provide a certificate of registration upon successful completion of the registration process.

b) Definitions

1. Unless otherwise indicated, any time frame involving a certain number of days shall refer to business days. Business days shall be those days in which the Springfield office of the Board is open to the public for a minimum of 7 hours.

2. "Political committee" means any political committee required to file as such under the provisions of Article 9, regardless of whether the committee has filed a Statement of Organization pursuant to Code Section 9-3.

3. "Minor child" means any affiliated person who has not attained 18 years of age as of the time of registration of the business entity with which the person is affiliated.

c) Business entities shall register on a secure website provided by the Board by first creating an online account. The Board will verify the authenticity of that account at the time of registration.

d) Registration Procedures

1. The following information must be supplied at the time of the registration and, except as specified below, will be included in the Board's online searchable database of registration information:

A) The name and address of the business entity. The address shall be the office designated by the entity as its principal office or its headquarters.

B) The name and address of each affiliated entity of the business entity, including a description of the affiliation. The address shall be that of the principal office or headquarters of the affiliated entity.

C) The name and address of each affiliated person of the business entity, including a description of the affiliation. (Every affiliated person of a business entity that is required to register must be listed on the registration form. If there are no affiliated persons, the person whose position within the business entity comes closest to meeting the definition of affiliated person shall be listed on the registration form. The electronic registration system will not accept a blank entry where a name is required.) The name and address of a minor child who must be disclosed on the business entity's registration by virtue of the fact that such person falls under the definition of affiliated person shall not be posted on the Board website.

D) The Federal Employer Identification Number (FEIN), if the business has obtained such a number. If the business does not have a FEIN, an Illinois Business Tax Number (IBT) must be provided. If the business has neither of these numbers, it must provide an identifying number unique to that business that is capable of verification by the Board. A sole proprietorship may use a social security number as a unique identifier if it does not have a FEIN or an IBT. The Board will not include the information submitted under this subsection (d)(1)(D) in its online searchable database.

2. Registration shall be accomplished in one of the two following methods:

A) A web-based program through which information may be entered, saved, and transmitted upon completion. Changes may be made by accessing the program, making the changes, and submitting those changes to the Board via the program contained on the Board's website.

B) A format, provided by the Board, designed specifically for large business entities through which data may be submitted in lieu of completion of the web-based option.

e) The Board shall provide a certificate of registration to the business entity upon registration and upon any change of information submitted by the entity as required by Code Section 9-35.

1. The business entity is responsible for printing and disseminating copies of the registration as required by Code Section 9-35(d). Any business entity required to register under Section 20-160 of the Illinois Procurement Code shall provide a copy of the registration certificate, by first class mail or hand delivery within 10 days after registration, to each affiliated entity or affiliated person. [10 ILCS 5/9-35(d)]

2. The delivery of the registration certificate to a minor child who is an affiliated person shall be accomplished by providing it to either parent or to the legal guardian of the minor child. The business entity shall document the date of submission of the certificate of registration to the appropriate entities and persons and produce the documentation upon the request of the Board.

3. A business entity, affiliated entity, or affiliated person shall document the date of submission of the notice to the appropriate political committee as required under Code Section 9-35(f). A copy of the certificate of registration may serve as the required written notice. The business entity, affiliated entity, or affiliated person shall produce a record created under this paragraph upon the request of the Board.

4. In the determination of a complaint alleging a failure to comply with any notification requirement contained in this subsection (e), the failure of a party responsible for providing the required notification to submit written documentation of compliance shall create a rebuttable presumption of noncompliance against that party.

f) A business entity's continuing duty to ensure that its registration data is accurate ends upon the latest of the following:

1. if the business entity is not awarded a contract, then on the day after the awarding of the latest pending contract that was pending or submitted on or after the date of registration; or

2. the day after the business entity's contracts with State agencies, in the aggregate, cease to total more than $50,000; or

3. the day after the business entity's aggregate pending bids and proposals on State contracts combined with the business entity's aggregate total value of State contracts cease to exceed $50,000; or

4. in the case of a business entity whose contracts with State agencies, in the aggregate, total more than $50,000, at the end of the term of office of the incumbent officeholder awarding the contracts or for a period of 2 years following the expiration or termination of the contracts, whichever is longer.

g) A business entity shall update the information using the same platform provided by the Board under subsection (d)(2). The Board will require that any updates include:

1. the effective date of changes to the registration information; and

2. an indication of whether the update is made:

A) with respect to a pending bid pursuant to Section 20-160(c) or (d) of the Illinois Procurement Code; or

B) under the continuing duty to update under Section 20-160(e) of the Illinois Procurement Code.

h) The Board will make information in the database available to the chief procurement officer as needed to allow the chief procurement officer to fulfill its duties under Section 20-160 of the Illinois Procurement Code.

i) The business entity's verification of accuracy required by Section 20-160(h) of the Illinois Procurement Code will be included as part of the registration procedure outlined in subsection (d)(2). The Board will include as part of the registration process a written admonishment that the information submitted by the business entity as part of the registration process is subject to the penalties of the laws of Illinois for perjury. (See 30 ILCS 500/20-160(h).)

j) The requirements of this Section apply regardless of the method of source selection used in awarding the contract. [30 ILCS 500/20-160(i)]

k) Inactive Status

1. A business entity that is registered with the Board may change its status to "inactive" if:

A) the business entity's continuing duty to ensure that its registration data is accurate has ended under subsection (f); or

B) the entity was not required to register as a business entity but did so anyway, if the reason for the registration was to qualify for use of the Illinois Procurement Gateway (IPG) offered by the Chief Procurement Officer − General Services. The entity may not change its status to "inactive" until its registration through the IPG has expired.

2. Nothing in this subsection (k) affects the duty of a business entity to update its registration, to provide notices required under Code Section 9-35, or to refrain from making political contributions prohibited under Section 50-37 of the Illinois Procurement Code.

3. The "inactive" designation shall be determined by the business entity. The Board shall provide an electronic form accessible on the Board website for the entity to indicate that it is currently in inactive status. The application shall include the name and address of the entity; the contract or bid that created the obligation to register with the Board, the agency or office that was responsible for awarding the contract, or, if the entity was not required to register with the Board, a designation that registration was not required; and the date on which the obligation to update the entity's registration relative to each contract or bid ended. The form shall be signed by the chief executive officer of the business entity or the officer's designee, or a person who serves in that capacity, indicating that the entity qualifies to be in inactive status based on the criteria contained in this subsection. A false statement of eligibility for inactive status is prima facie evidence that the business entity has made a willful failure to disclose information concerning the business entity's registration.

4. If a business entity that has declared its inactive status via the method prescribed by subsection (k)(3) intends to submit a bid for a State contract with a value exceeding $50,000 or otherwise becomes obligated to register, the entity shall rescind its inactive status. The business entity shall rescind its inactive status and shall update its registration so that the information required by Code Section 9-35 is current before submitting a qualifying bid. In addition, the entity shall abide by the contribution prohibitions contained in Section 50-37(b) and (c) of the Illinois Procurement Code. The Board shall make an electronic means available on the Board website by which a business entity may rescind its inactive status.

l) Enforcement

1. As used in this Section:

A) "Intentional" means that the business entity acted with the conscious objective to accomplish a result or engage in conduct that results in a failure to disclose information listed in Section 100.180(d)(1).

B) "Material" means an omission of information of such a significant nature that knowledge of the information would affect a person's understanding of the relationship of the business entity, affiliated entity, or affiliated person to campaign finance matters.

C) "Willful" means:

i) that the business entity was consciously aware that the conduct of the business entity was of a nature or accompanied by circumstances such as to cause the business entity to fail to disclose information listed in Section 100.180(d)(1); or

ii) that the business entity was consciously aware that its conduct was practically certain to result in a failure to disclose information required by Section 100.180(d)(1).

2. A person may file a complaint before the Board if the person has knowledge of the failure of a business entity to comply with the requirements of Section 100.180.

3. The complaint provisions contained in Code Sections 9-20 through 9-22 shall apply to complaints filed alleging a violation of this Section. The Board will process the complaint under the procedures set forth in 26 Ill. Adm. Code 125 and will impose civil penalties in accordance with Section 100.185.

History

• Source: Amended at 49 Ill. Reg. 8938, effective June 27, 2025

26 Ill. Adm. Code 100.185 Assessment of Civil Penalties

a) The provisions of Code Sections 9-20 through 9-24 relating to complaints for violations of Article 9 of the Election Code shall apply to complaints for violations of Code Section 9-35(d) (failure to notify affiliated persons and entities of a business entity that the business entity is registered with the Board) and Code Section 9-35(e) (intentional, willful, or material failure to disclose required registration information and failure to update a registration), except that the complaint shall be directed to the registered agent of the business entity or its chief executive officer. In addition, the provision of Code Section 9-21 pertaining to the 60-day period prior to an election shall not apply to complaints filed under this Section. If the Board determines that a business entity has intentionally, willfully, or materially failed to disclose required information on its registration, it shall refer that determination to the chief procurement officer of the agency or agencies that accepted a bid or entered into a contract with that business.

b) The provisions of 26 Ill. Adm. Code 125 apply to complaints filed against business entities.

c) There is a rebuttable presumption that a business entity acted willfully when a business entity that registers or provides a registration update outside of the deadlines set forth in Code Section 9-35 and in Section 20-160 of the Illinois Procurement Code. Upon a showing that a business entity has registered or provided a registration outside of the statutory deadlines, the Board will impose a civil penalty as set forth in Code Section 9-35(e).

d) If the Board determines that a business entity has committed a violation that is neither intentional, willful, nor material, the Board will issue an order directing the business entity to correct the violation. The failure of a business entity to correct the violation within 30 days after the issuance of the order creates a presumption that the business entity has committed an intentional failure to provide information required under Code Section 9-35. Upon a failure of a business entity to comply with a Board order entered under this subsection (d), the Board will impose a civil penalty as set forth in Code Section 9-35(e).

e) Any penalty assessed against a business entity by the Board for violation of Code Section 9-35 shall be paid within 30 days after the assessment of the penalty. The 30-day period shall commence on the date the letter is sent by the Board to the business entity assessing the penalty. Any assessed penalty that remains unpaid more than 30 days after the issuance of the final order assessing the penalty will be posted on the Board website, indicating the name of the business entity owing the penalty and stating that the penalty remains unpaid.

History

• Source: Amended at 49 Ill. Reg. 8938, effective June 27, 2025

Chapter I State Board of Elections

Part 100 Campaign Financing

26 Ill. Adm. Code 100.190 Training Requirement for Committee Treasurers

a) Within 60 days after a political committee designates a new treasurer under Section Code 9-2(f), the treasurer must contact Board staff and complete a training session on compliance with the requirements of Article 9.

b) A treasurer may not be excused from the training required by subsection (a) on the basis that they have previously served as a treasurer of a political committee unless they can demonstrate they completed a training session conducted by Board staff on compliance with the requirements of Article 9 in the last two years.

History

• Source: Added at 47 Ill. Reg. 5468, effective March 30, 2023

26 Ill. Adm. Code 100.APPENDIX A Contributions Allowed Per Election Cycle

Section 100.TABLE A Contribution Limits Per Election Cycle

a) CANDIDATE POLITICAL COMMITTEE

1. $6,900 from an individual

2. $13,700 from a corporation, labor organization or association

3. $68,500 from a candidate political committee or political action committee

4. No limits from political party committee except during an election cycle in which the candidate seeks nomination at a primary election

5. During an election cycle in which the candidate seeks nomination at a primary election, a political party committee may contribute:

A) $274,200 to a candidate for statewide office

B) $171,500 to a candidate for Senate, Supreme or Appellate Court in Cook County, county-wide office in Cook County

C) $102,900 to a candidate for House of Representatives, Supreme or Appellate Court outside of Cook County, county-wide office outside of Cook County, and local candidates within Cook County

D) $68,500 to any other candidate

b) POLITICAL PARTY COMMITTEE

1. $13,700 from an individual

2. $27,400 from a corporation, labor organization or association

3. $68,500 from a political action committee

4. No transfers permitted between legislative caucus committees

5. A political party committee may accept contributions in any amount from a candidate committee or political party committee

6. No limits on transfers between a State political committee and a federal political committee

c) POLITICAL ACTION COMMITTEE

1. $13,700 from an individual

2. $27,400 from a corporation, labor organization, political party committee or association

3. $68,500 from a political action committee or candidate political committee

d) BALLOT INITIATIVE COMMITTEE

No limits from any source – cannot contribute to any other type of committee

e) INDEPENDENT EXPENDITURE COMMITTEE

No limits from any source – cannot make direct contributions or coordinated expenditures.

f) LIMITED ACTIVITY COMMITTEE

May not accept contributions from any outside source. May only accept contributions of personal funds from the candidate the committee is designated to support or a committee officer, and those contributions are only allowed to pay for committee maintenance expenses.

History

• Source: Amended at 47 Ill. Reg. 5468, effective March 30, 2023

26 Ill. Adm. Code 100.APPENDIX A Contributions Allowed Per Election Cycle

Section 100.TABLE B Election Cycles

a) CANDIDATE POLITICAL COMMITTEE

1. Support candidate to be elected at a general primary election or general election

A) Beginning January 1 following a general election for office to which candidate seeks nomination or election and ending on day of general primary election for that office, or

B) Beginning day after a general primary election for the office to which the candidate seeks nomination or election and through December 31 following the general election

2. Support candidate for General Assembly

A) Beginning January 1 following a general election and ending on day of next general primary election, or

B) Beginning day after a general primary election and ending on December 31 following a general election (2 year)

3. Support candidate for retention

A) Beginning January 1 following general election when candidate was elected through day candidate files declaration of intent to seek retention, or

B) Beginning day after candidate files declaration of intent to seek retention through December 31 following retention election

4. Support candidate to be elected at consolidated primary election or consolidated election (also applies to candidates in municipal or runoff elections in cities of 1,000,000 or more population, occurring on the dates of the regularly scheduled consolidated primary election or consolidated election)

A) Beginning July 1 following the consolidated election for the office to which the candidate seeks election and ending on the day of the next consolidated primary election for that office, or

B) Beginning the day after the consolidated primary election for the office to which the candidate seeks nomination or election and ending on June 30 following the consolidated election held that year

b) POLITICAL PARTY COMMITTEE

Beginning January 1 and ending on December 31 of each calendar year (1 calendar year)

c) POLITICAL ACTION COMMITTEE

Beginning January 1 and ending on December 31 of each calendar year (1 calendar year)

d) BALLOT INITIATIVE COMMITTEE

Beginning January 1 and ending on December 31 of each calendar year (1 calendar year)

e) INDEPENDENT EXPENDITURE COMMITTEE

Beginning January 1 and ending on December 31 of each calendar year (1 calendar year)

f) LIMITED ACTIVITY COMMITTEE

See subsection (a) CANDIDATE POLITICAL COMMITTEE (Section 100.Table B Election Cycles)

History

• Source: Amended at 47 Ill. Reg. 5468, effective March 30, 2023

Part 125 Practice and Procedure

26 Ill. Adm. Code 125.5 Applicability

This Subpart A shall apply to the practices and procedures of the State Board of Elections, and all proceedings conducted by the Board under Subpart A. This Part is not intended to apply to State Electoral Board hearings, or to proceedings under Subpart B of this Part (closed preliminary hearings) where any provisions of Subpart B makes a more specific or contradictory provision to anything contained in Subpart A.

History

• Source: Amended at 14 Ill. Reg. 10832, effective June 22, 1990

26 Ill. Adm. Code 125.10 Definitions

As used in this Part, the following terms shall have the meanings specified:

"Article 9" means Article 9 of the Election Code (campaign disclosures, contributions and expenditures).

"Board" means the State Board of Elections.

"Complainant" means a party initiating a proceeding under Article 9 by the filing of a complaint.

"Election Code" or "Code" means 10 ILCS 5.

"File", "Filed" or "Filing" means, with respect to reports, statements and documents required to be filed with the State Board of Elections:

delivery to the principal office of the State Board of Elections, Springfield, Illinois by the close of business of the prescribed filing date;

delivery to the permanent branch office of the State Board of Elections, Chicago, Illinois, by the close of business of the prescribed filing date;

deposit with the United States Postal Service, postage prepaid, in sufficient time so that the mailed documents will arrive by the close of business of the prescribed filing date;

delivery by e-mail or facsimile if permitted elsewhere within Title 26 of the Illinois Administrative Code; or

for filings under Code Section 9-28, electronic filing.

"General Counsel" means the person designated and appointed as General Counsel of the Board, or any individual acting in the General Counsel's stead in the event of:

a vacancy in the position of General Counsel; or

the absence, incapacity or unavailability of the General Counsel.

"Hearing Officer" means a person duly qualified and designated to conduct hearings under Code Section 9-19 and when applicable, Section 125.90 of this Part.

"Party" means an individual, trust, partnership, committee, corporation, association, public or private organization or group of persons of any character, or any governmental agency, entitled or required to participate in any hearing or proceeding.

"Respondent" means a party against whom a complaint is directed.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.15 Board Offices and Business Hours

a) The principal office of the State Board of Elections is located at Springfield, Illinois, and shall be open each day, except Saturdays, Sundays and State legal holidays, from 8:00 a.m. to 4:30 p.m.

b) The permanent branch office of the State Board of Elections is located at Chicago, Illinois and shall be open each day, except Saturdays, Sundays and State legal holidays, from 8:30 a.m. to 5:00 p.m.

c) When the last day for the filing of nominating petitions and/or objections to nominating petitions as required by the Election Code is a Saturday, Sunday or holiday, Board offices shall remain open from 8:30 a.m. to 5:00 p.m. on that day.

d) On the day of any election, or at any other time, the offices of the Board may be kept open any additional time the Board deems necessary to carry out its duties.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.20 Documents Pertaining to Hearings

a) All documents, including but not limited to complaints, notices and motions, permitted or required to be filed with the Board in connection with any proceeding before the Board shall be filed with the Division of Campaign Disclosure. That Division shall forward all filings to the office of the General Counsel within one business day.

b) All documents permitted or required to be filed with the Division of Campaign Disclosure may be filed:

1. by personal delivery to the Board's principal office located in Springfield, Illinois or the Board's permanent branch office located in Chicago, Illinois;

2. by mail, postage prepaid with the United States Postal Service, addressed to the Division of Campaign Disclosure at the Board's principal office or permanent branch office in Chicago; or

3. by e-mail or facsimile transmission, if agreed to by all parties.

c) All documents filed by mail shall be deemed filed as of the date and time the documents are actually received by the Division of Campaign Disclosure. If that office customarily and regularly utilizes a time-date stamp for the recording of the receipt of documents, the time and date stamp impression affixed to any filed document shall be prima facie evidence that the document was filed on the date and at the time shown by the stamp.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.30 Form of Documents

a) All documents filed with the Division of Campaign Disclosure shall be stamped or printed with the docket number and the title of the proceeding in connection with which they are filed. Upon the filing of a complaint, the Division of Campaign Disclosure shall assign a docket number to the complaint and proceeding, and all documents thereafter filed pertaining to that particular complaint or proceeding shall include the docket number first assigned. All paper submission must be on plain white paper.

b) Each document shall be signed by the party filing or by the party's authorized representative or attorney. The first document filed by a party in any proceeding shall bear the address and telephone number of the party or of the party's attorney or representative and the designation of the address shall be deemed to be consent by the filing party to have a copy of all documents filed or to be filed later served upon the party at the designated address. Providing an e-mail address is not required but is strongly preferred. Service by e-mail is permitted only with express consent of all parties.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.40 Service of Documents

Except as provided in Section 125.240, whenever this Part requires any document to be served upon a party or other person, service shall be complete when the document is served by abode service as provided in the Civil Practice Law [735 ILCS 5/2-203(a)], in person upon the party or his or her attorney or designated representative, or deposited for mailing with the United States Postal Service, postage prepaid, registered or certified, addressed to the party at his or her last known address, or by e-mail, if agreed to by all parties.

History

• Source: Amended at 39 Ill. Reg. 8117, effective May 19, 2015

26 Ill. Adm. Code 125.50 Computation of Time

Computation of any period of time expressed in days and prescribed by this Part shall begin with the first day following the day on which the act or event initiating the period of time occurs, and shall run until the end of the last day, or the next following business day if the last day is a Saturday, Sunday or State legal holiday. Computations of any period of time expressed in hours and prescribed by this Part shall begin 60 minutes after the act or event initiating the period of time occurs, and shall run until the end of the last 60-minute period; provided, however, that all 60-minute periods falling within a Saturday, Sunday or State legal holiday shall be excluded in computing the period of time.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.55 Time of Notices

Whenever this Part requires a notice to be given within a period of time, that requirement shall be construed to mean that notice shall be received by the party entitled to the notice; provided however, that evidence that notice was dispatched by means reasonably calculated to be received by the prescribed date shall be prima facie proof that notice was timely received by the party entitled to the notice.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.60 Appearances

a) Any person entitled to participate in Board proceedings may appear as follows:

1. A natural person may appear in his or her own behalf or by an attorney at law licensed and registered to practice in the State of Illinois, or both;

2. A business, unincorporated association or nonprofit or government organization may appear by any bona fide officer, employee or representative, or may be represented by an attorney licensed and registered to practice in the State of Illinois, or both.

b) The Board is not authorized to permit attorneys not licensed in the State of Illinois to appear in its proceedings. However, attorneys licensed in states other than Illinois may apply to the Illinois Supreme Court for the right to practice before the Board. The title of the pleading should be "Motion to Appear Pro Hac Vice Before an Administrative Agency" and should be directed to the Clerk of the Illinois Supreme Court. The moving attorney must provide written confirmation of his or her successful admission to the Board's Hearing Officer prior to entering an appearance in any Board proceeding.

c) An attorney appearing in a representative capacity shall file a written notice of appearance with the Board, together with proof of service on all parties or their respective attorneys.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.70 Non-Legal Assistance

Any party involved in any proceeding conducted pursuant to this Part shall have the right to the presence and participation of additional persons, in addition to, or instead of, an attorney, in order to provide technical assistance and consultation. The Hearing Officer may, at his or her discretion, restrict the number of additional persons who may attend and participate in the proceedings.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.75 Parties

a) The person initiating a proceeding shall be designated the complainant. Any adverse party shall be designated the respondent.

b) Misnomer of a party is not a ground for dismissal, but the name of any party may be corrected at any time.

c) If a complete determination of a controversy cannot be had without the presence of other parties, the Board may direct them to be brought in. If a person not a party has an interest the order may affect, the Board, on its own initiative or on application, may direct the person to be made a party. Service of process and subsequent pleadings shall be had as directed by the Board.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.80 Answer

Any respondent may file a written answer to a complaint prior to, or at the time of, any proceeding or hearing, but shall not be required to file an answer. The failure to file an answer shall not be deemed an admission of any allegation in the complaint nor a consent to the requested relief. An answer may include affirmative defenses and jurisdictional objections. An answer shall be filed with the Hearing Officer, and at least one copy of the same shall be signed by the respondent or his or her attorney and shall contain evidence of service as provided in this Subpart. At least one copy of the answer shall be served upon all other parties to the proceeding, in accordance with Section 125.40, and the General Counsel.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.90 Qualifications of Hearing Officer

Whenever possible a person appointed Hearing Officer for an adjudicatory proceeding conducted pursuant to this Part shall be a licensed attorney. Unless all parties to the proceeding so stipulate, the Hearing Officer who conducted the closed preliminary hearing shall not conduct the public hearing. Closed preliminary hearings are deemed non-adjudicatory by this Part and by Section 125.245.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.95 Authority of Hearing Officer

The Hearing Officer has the authority to conduct and preside over an adjudicatory hearing, to take all necessary action to avoid delay, to maintain order, to ensure compliance with all notice requirements, and to ensure the development of a clear and complete record. He or she shall have all powers necessary to conduct a fair and impartial hearing, including, but not limited to, the power to:

a) Administer oaths and affirmations;

b) Regulate the course of hearings, set the time and place for continued hearings, fix times for filing of documents, provide for the taking of testimony by depositions if necessary, and in general conduct the proceedings according to recognized principles of administrative law and the provisions of this Part;

c) Examine witnesses and direct witnesses to testify, limit the number of times any witness may testify, limit repetitious or cumulative testimony, and set reasonable limits on the amount of time each witness may testify;

d) Rule upon offers of proof and receive relevant evidence;

e) Direct parties to appear and confer for the settlement or simplification of issues, and otherwise conduct pre-hearing conferences;

f) Dispose of procedural requests or similar matters;

g) Issue orders relating to pre-hearing discovery to the extent authorized by and permitted under this Part;

h) In connection with a public hearing on a complaint, render proposed Findings of Fact and Conclusions of Law and make recommendations for a final order of the Board;

i) Enter any order that further carries out the purpose of this Part;

j) Issue subpoenas and rule upon objections to subpoenas and discovery orders;

k) Consider and rule upon all motions presented in the course of the proceedings.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.100 Disqualification of Hearing Officer

Any party to a hearing may file a timely written request for disqualification of a Hearing Officer, setting forth the nature of the personal bias, prejudice or other disqualification of the presiding Hearing Officer, and the Hearing Officer shall be disqualified. When a Hearing Officer is disqualified, or it becomes impractical for him or her to continue, another presiding Hearing Officer shall be appointed in the manner provided for initial appointment, unless it is further shown that substantial bias or prejudice will result from the appointment. A Hearing Officer may at any time voluntarily disqualify himself or herself. A request for disqualification shall be considered timely if made within 3 days after receipt of the notice of the appointment of the Hearing Officer by the party requesting the disqualification and at least 24 hours prior to the commencement of the hearing or pre-hearing conference. However, in the case of a complaint filed within 60 days preceding the date of an election in reference to which the complaint is filed, the request shall be considered timely only if verbal notice of the request is given to the General Counsel within 8 hours after the requesting party has received telegraphic or telephonic notice of the appointment of the Hearing Officer.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.110 Motions

a) Unless made orally on the record during a hearing, or unless the Hearing Officer directs otherwise, motions shall be in writing and accompanied by any affidavits or other matters relied upon. The original copy of all motions shall be served upon the Hearing Officer and copies shall be served upon all other parties to the proceeding and the General Counsel. In addition, motions may also be submitted by e-mail, if agreed to by all parties.

b) A party may file a response in support of or in opposition to a motion within such time as the Hearing Officer directs. If no response is filed, the parties shall not be deemed to have waived objections to the motion. Service of a response shall be the same as provided in subsection (a).

c) No oral argument will be heard on a motion unless the Hearing Officer directs otherwise.

d) The Hearing Officer shall rule upon all motions, except that he or she shall have no authority to make a recommendation to the Board to dismiss or decide a hearing on the merits, without granting all parties to the proceeding a right to be heard and to establish a record.

e) Unless otherwise ordered by the Board, the filing of a motion shall not stay the proceeding or extend the time for the performance of any act.

f) A party may participate in the proceedings without waiving any jurisdictional objection.

History

• Source: Amended at 39 Ill. Reg. 8117, effective May 19, 2015

26 Ill. Adm. Code 125.115 Consolidation and Severance of Claims: Additional Parties

In the interest of convenience and expeditious and complete determination of claims, the Hearing Officer or the Board may consolidate or sever adjudicative claims involving any number of parties, and may order additional parties to be brought in pursuant to the provisions of Section 125.75(c).

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.120 Amendments

Complaints may be amended under any of the following circumstances:

a) to correct any technical defects;

b) to conform to the evidence presented at the hearing;

c) to conform to new matters that arise at the hearing if it appears from the original and amended pleadings that the cause of action asserted in the amended pleading grew out of the same transaction or occurrence, or arose from or relate to the same disclosure period set forth in the original pleading. For the purpose of preserving the cause of action under those conditions, an amendment adding a person as a respondent relates back to the date of the filing of the original pleading so amended.

26 Ill. Adm. Code 125.130 Intervention

a) Upon timely written application, the Hearing Officer may permit any person to intervene in a proceeding, subject to the necessity for conducting an orderly and expeditious hearing, when either of the following conditions is met:

1. the applicant is so situated that he or she may be adversely affected by a final order of the Board; or

2. an applicant's claim or defense and the adjudicative proceeding have a question of law or fact in common.

b) A petition for intervention shall be filed with the Hearing Officer and a copy shall be served on each party and upon the General Counsel prior to the date set for hearing of the matters set forth in the complaint. The Hearing Officer may permit intervention only upon good cause shown for the delay. The Hearing Officer may grant continuances of the hearing as justice may require.

c) An intervenor shall have all the rights of an original party, except that the Hearing Officer may, in his or her order allowing intervention, provide that the applicant shall be bound by orders previously entered, the applicant shall not raise issues that might more properly have been raised at an earlier stage of the proceeding, the applicant shall not raise new issues or add new parties, or in other respects the applicant shall not interfere with the control of the hearing, as justice and the avoidance of undue delay may require.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.135 Pre-Hearing Conferences

a) Upon notice by the Hearing Officer in any proceeding or upon request by any party, the Hearing Officer may direct parties or their attorneys to appear at a specified time and place for a conference, either during or prior to any hearing, for the following purposes:

1. formulation and simplification of issues;

2. necessity or desirability of amending the pleadings for the purpose of clarification, amplification or limitation;

3. possibility of stipulations concerning the admissibility of evidence;

4. limitation of the number of witnesses;

5. propriety of prior mutual exchange between or among the parties of prepared testimony and exhibits; and

6. other matters as may aid in the simplification of the evidence and disposition of the proceeding.

b) In exercising his or her discretion to direct parties to appear for a conference, the Hearing Officer shall give due consideration to the time requirements of Section 9-21 of the Election Code.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.140 Settlement Pursuant to Conferences

At any time upon suggestion of the Hearing Officer or upon request of any party, an opportunity shall be afforded all parties to dispose of the case by written stipulation, agreed settlement or consent order, unless otherwise precluded by law. Any stipulation, agreed settlement, or consent order shall be submitted in writing to the Board and shall become effective only if approved by the Board.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.150 Record of Conferences

A record of any conference held pursuant to Section 125.140 shall be kept only if all parties to the proceeding request such a record. If a request is made, the record of the conference shall be deemed a part of the record of the hearing.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.160 Continuances

a) A hearing may be continued for good cause by the Hearing Officer upon his or her own motion or upon motion of a party to the hearing after due consideration of any time limitations imposed by the Election Code or by this Part. Notice of any postponement or continuance shall be given to all parties within a reasonable time in advance of the previously scheduled hearing date. All parties involved in a hearing shall attempt to avoid undue delay caused by repetitive continuances so that the hearing may be resolved expeditiously.

b) For good cause, and only if pursuant to a written stipulation among all parties, a hearing may be continued for a period of time in excess of the time limits set forth in Section 9-21 of the Election Code; provided, however:

1. No continuance, or series of continuances, may total more than 45 days;

2. If the complaint was filed within 60 days preceding the date of an election, in no event shall the continuance extend beyond 2 days prior to the date of the election.

c) Any request for a continuance, the reasons for a continuance, and any written stipulation shall be made part of the hearing record.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.170 Order of Proceedings

The following shall be the order of all proceedings held, pursuant to Subpart C of this Part, subject to modification by the Hearing Officer for good cause:

a) Presentation, argument and disposition of motions preliminary to a hearing on the merits of the matters raised in the complaint or answer;

b) presentation of opening statements;

c) complainant's case;

d) respondent's case;

e) complainant's case in rebuttal;

f) statements from interested citizens, if authorized by the Hearing Officer;

g) complainant's closing statement, which may include legal argument;

h) respondent's closing statement, which may include legal argument; and

i) ruling on any reserved motions.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.175 Failure of Party to Appear

Failure of a party to appear on the date set for hearing or failure to proceed as ordered by the Hearing Officer shall not deter the hearing from proceeding unless the Hearing Officer, for good cause, orders a continuance.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.180 Evidence

a) Except with respect to matters of privilege, the rules of evidence as applied in civil cases in courts of this State shall not be strictly applied to hearings under this Part. Admissibility of evidence shall be liberally interpreted in order to present all matters that are or may be relevant to the issues affecting the parties.

b) The Hearing Officer shall exclude immaterial, irrelevant and repetitious evidence.

c) When the admissibility of disputed evidence depends upon an arguable interpretation of substantive law, the Hearing Officer shall admit that evidence.

d) A party may conduct examinations or cross-examinations without rigid adherence to formal rules of evidence, provided the examination or cross-examination can be shown to be necessary and pertinent to a full and fair disclosure of the subject matters of the hearing.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.185 Official Notice

Notice may be taken of matters of which the Circuit Courts of this State may take judicial notice. In addition, notice may be taken of generally recognized technical or scientific facts within the agency's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material noticed, including any staff memoranda or data, and they shall be afforded an opportunity to contest the material so noticed. The agency's experience, technical competence and specialized knowledge may be utilized in the evaluation of the evidence.

26 Ill. Adm. Code 125.190 Examination of Adverse Party or Agent

Upon the hearing of an adjudicatory action, any party to the action or any person for whose immediate benefit the action is prosecuted or defended, or the officers, directors or managing agents of any party to the action, may be called and examined, as if under cross-examination, at the instance of any adverse party. The party calling for the examination may rebut the testimony given by countertestimony and may impeach the witness by proof of prior inconsistent statements.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.192 Participation by Board Members and Staff

a) Any Board member or staff member of the Board may be designated by the Board to participate in hearings conducted under this Part and may interrogate witnesses, raise points of law and have all rights of an interested party. The Board member or staff member shall not have the authority to rule on objections, motions or petitions, overrule the Hearing Officer during the hearing, or otherwise usurp the authority of the Hearing Officer conferred under this Part.

b) The Board or staff members shall not be subject to any rule or motion adopted during the hearing excluding witnesses, but shall be permitted to participate in all hearings as a representative of the Board even if also a witness.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.195 Hostile Witnesses

If the Hearing Officer in an adjudicatory hearing determines that a witness is hostile or unwilling, the witness may be examined by the party calling the witness as if under cross-examination. The party calling a witness, upon a showing that he or she called the witness in good faith and is surprised by the witness' testimony, may impeach the witness by proof of prior inconsistent statements.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.197 Admission of Business Records in Evidence

Any writing or record, whether in the form of any entry in a book or otherwise, made as a memorandum or record of any act, transaction, occurrence or event, except as otherwise privileged, shall be admissible as evidence of the act, transaction, occurrence or event, if made in the regular course of any business, and if it was the regular course of the business to make the memorandum or record at the time of the act, transaction, occurrence or event or within a reasonable time afterwards. All other circumstances of the making of the writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect its weight, but shall not affect its admissibility. The term "business", as used in this Section, includes business, profession, occupation and calling of every kind, and shall specifically include campaigns for nomination or election or campaigns in support of or opposition to any referendum or question of public policy.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.199 Compelling Appearance at Hearing

The appearance at an adjudicatory hearing of a party or a person who is an officer, director or employee of a party may be required by serving the party with a notice designating the person who is required to appear. If the party or person is a non-resident of the State, the Hearing Officer shall provide by order terms and conditions in connection with his or her appearance at the hearing as are just, including payment of his or her reasonable expenses. The notice also may require production at the hearing of documents or tangible things.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.210 Applicability

The rules in this Subpart shall apply to closed preliminary hearings conducted pursuant to Section 9-21 of the Election Code.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.220 Commencement of Proceeding

A proceeding to adjudicate an alleged violation of Title 9 of the Election Code shall be commenced by the filing of a complaint in accordance with Section 125.20.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.230 Form of Complaint

All complaints shall conform to Section 125.30, and shall contain the following:

a) The complaint shall be directed to and state the name of the person, candidate, or the chairman or treasurer of a political committee against whom the complaint is directed. In the case of a complaint alleging a violation of Code Section 9-35(d) or (e), the complaint shall be directed to and state the name of the registered agent or chief executive officer of the business entity against which the complaint is directed;

b) The complaint shall state the provisions of the Election Code or rules that are alleged to have been violated;

c) The complaint shall state the time, place and nature of the alleged offense; and

d) The complaint shall be verified, dated and signed by the complainant, in substantially the following manner:

Verification

"I declare that this complaint (including any accompanying schedules and statements) has been examined by me and to the best of my knowledge and belief is a true and correct complaint as required by Article 9 of the Election Code. I understand that the penalty for willfully filing a false complaint shall be a fine not to exceed $500 or imprisonment in a penal institution other than the penitentiary not to exceed six months, or both fine and imprisonment."

(Date of filing)

(Signature of person filing the complaint)

History

• Source: Amended at 49 Ill. Reg. 8953, effective June 27, 2025

Chapter I State Board of Elections

Part 125 Practice and Procedure

26 Ill. Adm. Code 125.235 Board Members as Complainants

a) Nothing in this Part shall prohibit a member of the Board from filing a complaint in his or her individual capacity.

b) After filing the complaint, the complaining member shall decline to be present at or participate in any Board decision affecting the complaint or the proceedings pertaining to the complaint.

c) In all other respects, the provisions of this Part shall apply to situations in which a member of the Board is a complainant.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.240 Service of Complaint

a) If a complaint is filed within 60 days prior to the date of an election in reference to which the complaint is filed, the complainant shall serve a copy of the complaint upon all respondents prior to the time of filing, and the complaint filed with the Division of Campaign Disclosure shall have attached to it proof of service, consisting of any one of the following:

1. a written acknowledgment signed by the person served;

2. in case of service by personal delivery, an affidavit of the person who made delivery; or

3. abode service in accordance with Article II of the Code of Civil Procedure [735 ILCS 5].

b) In all other cases, service shall conform to Section 125.40.

c) When a complainant has attempted to serve a respondent who is no longer residing at their last known address, proof of service shall be complete when the complainant has filed an affidavit indicating that a diligent effort has been made to locate the respondent but that effort has been unsuccessful and the respondent's whereabouts are unknown.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.245 Appointment of Hearing Officer - Order of Closed Preliminary Hearing

a) Complaints may be filed by Board members, Board staff, or private persons in accordance with Code Section 9-20.

b) In accordance with the time constraints stated in Code Section 9-21, the Director of the Division of Campaign Disclosure shall appoint a Hearing Officer, who shall be a licensed attorney or a Board employee of the classification Election Specialist III or higher, who possesses at least two years experience as an Election Specialist of any rating, and the Director of the Division of Campaign Disclosure shall enter an order directing a closed preliminary hearing be held on the complaint, designating the time and place of the hearing.

c) The Hearing Officer may be the Director of the Division of Campaign Disclosure or any person designated by the Director of the Division of Campaign Disclosure.

d) A copy of the order shall be served on the complainant, if different from the Board or its staff, and upon the respondent. The order shall have attached a copy of the complaint.

e) The order shall contain a recitation that the respondent may be represented by counsel at the closed preliminary hearing.

History

• Source: Amended at 42 Ill. Reg. 5004, effective February 28, 2018

26 Ill. Adm. Code 125.250 Time of Preliminary Hearing (repealed)

History

• Source: Repealed at 14 Ill. Reg. 10832, effective June 22, 1990

26 Ill. Adm. Code 125.252 Scope of Preliminary Hearing – Procedures – Evidence

The closed preliminary hearing is not an adjudication, but shall be an inquiry to elicit evidence on whether the complaint was filed on justifiable grounds and has some basis in fact and law.

a) The closed preliminary hearing shall be conducted by the Hearing Officer.

b) The Hearing Officer shall record the proceedings and make a copy of the recording available to either party upon request. A party may record the proceedings by employing his or her own court reporter or otherwise recording the hearing.

c) The closed preliminary hearing need not be strictly adversarial in nature.

1. Any person offering evidence, written or oral, shall affirm to the Hearing Officer that his or her evidence is true to the best of his or her information and belief;

2. Evidence may be submitted in narrative form;

3. The Hearing Officer shall not be bound to follow rules of evidence acceptable in an Illinois court of record, but may admit and rely upon for his or her recommendation evidence or information of a type commonly relied upon by reasonably prudent men in the conduct of their affairs, as provided by Section 10-40(a) of the Illinois Administrative Procedure Act [5 ILCS 100/10-40(a)];

4. The complainant bears the burden of introducing evidence or information sufficient under subsection (c)(3) for the Board to conclude that the complaint has been filed on justifiable grounds;

5. The complainant will ordinarily present evidence or information supporting the complaint first in order. The complainant will present his or her case first, except when convenience to the Hearing Officer or the respondent requires the respondent to proceed first. The consent, in such cases, of the complainant will be required. The respondent may then present any information or evidence; and

6. The Hearing Officer may ask the complainant or respondent any questions relevant to the charges of the complaint. Any question is relevant if it has the possibility of eliciting an answer that tends to make the ultimate fact of justifiable grounds more or less likely.

d) At the close of the hearing, the Hearing Officer shall summarize the content of the hearing and his or her conclusions concerning the evidence and information represented and draft a recommendation to the Board addressing whether the complaint was filed on justifiable grounds. The Hearing Officer shall also attach to the recommendation any documents tendered to the Board during the hearing, and submit his or her recommendation to the Board for their consideration. The Hearing Officer shall send a copy to the General Counsel, as well as to the complainant and the respondent and their designated representatives.

e) The Hearing Officer shall have no authority to rule on any questions of law raised by the complainant or respondent, but shall note in the recommendation all such matters for the Board's disposition.

f) At any time before the Hearing Officer submits the recommendation, the complainant and respondent may settle the matters between them, subject to the approval of the Board. If the Board or a member of its staff is the complainant, the Hearing Officer shall have the authority to enter into a stipulation for settlement pursuant to Section 125.254, subject to Board approval.

g) No additional evidence shall be considered by the Hearing Officer after the conclusion of the closed preliminary hearing.

History

• Source: Amended at 42 Ill. Reg. 5004, effective February 28, 2018

26 Ill. Adm. Code 125.253 Responsibilities of the General Counsel

a) Upon receipt of a copy of the recommendation of the Hearing Officer, the General Counsel shall:

1. Review the recommendation for questions of law and evidence;

2. Offer remarks and recommendations on all matters of law noted in the recommendation;

3. Comment upon matters of evidence when that comment would assist the Board in understanding the recommendation of the Hearing Officer, or the recommendation is against the manifest weight of the evidence or otherwise subject to dispute; and

4. Transmit remarks and recommendations to the Board in accordance with the time constraints stated in Code Section 9-21.

b) If no question of law or fact requires the General Counsel's comment or recommendation, he or she shall so note without further remark.

History

• Source: Amended at 42 Ill. Reg. 5004, effective February 28, 2018

26 Ill. Adm. Code 125.254 Stipulated Settlement

a) Whenever a closed preliminary hearing is conducted, the parties shall be afforded an opportunity to come into compliance with any applicable requirement of the Election Code or any rule of the Board and to dispose of all matters in dispute by written stipulation or agreed order approved by the Board. However, if the committee has previously failed to comply with the requirements of the Election Code or rule, any stipulation or agreed order must be submitted to the Board and shall not be effective unless approved by the Board. Repeated failures to comply with the Code or rules shall entitle the Board to reject any proposed stipulation or agreed order and to direct that a complaint be filed. "Repeated failures" means more than one.

b) Any written stipulation or agreed order issued pursuant to this Section shall include a provision known as the "Standing Order" provision, as referred to in Section 125.420, requiring that all subsequent reports, statements or filings required by Article 9 be made within the time limits set forth in Article 9, and that any failure or refusal to comply with filing deadlines will result in the imposition of the civil penalties stated in Section 125.425. Any Standing Order provision shall remain in effect for a period of 12 months from the date of the final order, stipulation or agreed order.

c) Any person who fails or refuses to comply with the terms of a Standing Order provision shall be notified by the Board, by service as set forth in Section 125.425, that the Board will issue an order imposing a civil penalty in accordance with the schedule set forth in this Part. The person shall be afforded an opportunity to appear at the next regularly scheduled or special Board meeting and to show cause why the civil penalty shall not be imposed. For purposes of this subsection (b), cause shall consist of proof that the report was submitted on time, as evidenced by a date stamp on the received document or other evidence submitted to the Board.

d) Any civil penalties imposed pursuant to this Section may be enforced and collected in accordance with Section 125.430.

e) In approving any stipulation or agreed order under this Part, the Board shall consider, but not be limited to, any evidence offered and noted by the Hearing Officer of the following factors:

1. A party's history of compliance with the Election Code or rules of the Board;

2. Any evidence of respondent's ignorance of a material fact that led to the conduct that was the source of the complaint;

3. The degree of cooperation exhibited by the respondent with Board staff or the Hearing Officer; and

4. Factors in mitigation or factors in aggravation of the circumstances complained of in the complaint.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.255 Transcript of Preliminary Hearing (repealed)

History

• Source: Repealed at 14 Ill. Reg. 10832, effective June 22, 1990

26 Ill. Adm. Code 125.260 Report of Hearing Examiner (repealed)

History

• Source: Repealed at 14 Ill. Reg. 10832, effective June 22, 1990

26 Ill. Adm. Code 125.262 Board Determination

a) After the submission of the recommendations of the Hearing Officer, and the recommendations of the General Counsel, if any, the Board will determine whether the complaint was filed on justifiable grounds. The Board will order a public hearing to be conducted in accordance with Subpart C if the Board determines that the complaint was filed on justifiable grounds, and if the respondent:

1. disputes that it violated Article 9;

2. is unwilling to take action necessary to correct any violation; or

3. is unwilling to refrain from the conduct giving rise to the violation.

b) If permissible under the Open Meetings Act [5 ILCS 120] the Board may consider and discuss the Hearing Officer's recommendation through a teleconference begun in open session and continued in executive session in lieu of an in-person meeting, and that consideration and discussion shall be deemed part of the closed preliminary hearing process. Any action on the Hearing Officer's recommendations must be taken in open session or, if taken as part of the teleconference, that portion of the teleconference shall be broadcast over a speaker phone or other similar device at both the permanent and branch offices of the Board. That portion of the broadcast call shall be open to the media and public.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.265 Judicial Review

Judicial review of a final order of the Board entered or effected pursuant to Section 125.262 shall be in accordance with Section 9-22 of the Election Code.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.270 Record of Preliminary Hearing on Appeal Administrative Review

Upon appeal from a final order of the Board dismissing a complaint following a closed preliminary hearing, the recording of the preliminary hearing and documentary evidence received during the preliminary hearing, together with the recommendation of the Hearing Officer, the recommendation of the General Counsel, if any, and the final order of the Board, shall constitute the record on administrative review pursuant to the Administrative Review Law [735 ILCS 5/Art. III]. A party that has caused a verbatim transcript of the closed preliminary hearing to be made may, at that party's election, submit that transcript for inclusion in the record on administrative review. Legal counsel for the Board shall be instructed to seek leave of the Court to file the record on administrative review "in camera" with the Court having jurisdiction over the review. Any public inspection or release may be subject to order of that Court. Before the record is filed, the Hearing Officer shall notify the parties that the record has been prepared, shall receive corrections from any parties, shall examine the record for accuracy, and then shall certify that it is a true and accurate record of the hearing.

History

• Source: Amended at 42 Ill. Reg. 5004, effective February 28, 2018

26 Ill. Adm. Code 125.272 Order of Public Hearing

a) In the event that the Board orders a public hearing more than 60 days before the election in reference to which the complaint is filed, the Board will appoint a Hearing Officer to conduct a public hearing on the complaint and shall immediately serve upon all parties a written Notice of Appointment of the Hearing Officer, stating the name, business address and telephone number of the Hearing Officer, together with a copy of the Board's order after the closed preliminary hearing.

b) In the event that the Board orders a public hearing within 60 days preceding the date of an election in reference to which the complaint is filed, the Board may appoint a Hearing Officer if time and resources permit. The Director of the Campaign Disclosure Division also shall promptly give notice via telephone, e-mail, or facsimile of the appointment of a Hearing Officer to all parties and that notice shall be deemed supplementary to the written Notice of Appointment.

c) If a Hearing Officer is appointed, the Hearing Officer shall, in accordance with the time constraints stated in Code Section 9-21, designate a time and place for the public hearing and shall serve a written Notice of Hearing upon all parties, stating the time and place of the hearing. If the complaint is filed within 60 days preceding the date of an election in reference to which the complaint is filed, the Hearing Officer also shall promptly give telephonic notice of the hearing to all parties, which shall be deemed supplementary to the written Notice of Hearings. If the public hearing is scheduled before the Board without appointment of a Hearing Officer, the Notice of Hearing shall be prepared and served by the General Counsel.

d) The Notice of Hearing shall contain a statement that the respondents have the right to be represented by legal counsel in any proceeding conducted by the State Board of Elections, including public hearing proceedings.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.275 Time and Conduct of Public Hearing (repealed)

History

• Source: Repealed at 14 Ill. Reg. 10832, effective June 22, 1990

26 Ill. Adm. Code 125.310 Applicability

This Subpart applies to all public adjudicative hearings ordered by the Board.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.320 Initiation of Hearing

a) Hearings conducted pursuant to Subpart C shall be initiated once the Board has determined that a complaint alleging a violation of Article 9 has been filed upon justifiable grounds and further determines that a hearing is necessary under Section 125.262(a).

b) Hearings may also be initiated when, in the exercise of its discretion, the Board determines there are reasonable grounds to believe that a violation of any other election law may have occurred.

c) The Board may determine that any adjudicative hearing shall be held before the Board. In the absence of that determination, an adjudicative hearing shall be conducted by a Hearing Officer.

d) Any hearing before the Board shall be conducted in the same manner as provided for the calling and conduct of hearings by a Hearing Officer, except that, after the conclusion of a hearing, the Board shall issue its final order without the necessity of written comment from the General Counsel.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.330 Appointment of Hearing Officer

In all public adjudicative hearings to be conducted by a Hearing Officer, the General Counsel shall appoint the Hearing Officer and shall serve notice of the appointment upon all parties in accordance with Section 125.40. The notice shall state the name, office address, and telephone number of the person appointed as Hearing Officer. The General Counsel shall also provide to the parties telephonic or telegraphic notice of the appointment of a Hearing Officer as the circumstances of the proceeding may warrant.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.340 Notice of Hearing

In adjudicative hearings, the Hearing Officer shall, after receipt of notification of appointment, designate a time and place for the public hearing, within any time limits as may be prescribed by law. The Hearing Officer shall serve notice of the time and place of hearing upon all parties in accordance with Section 125.40.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.350 Discovery Procedures

a) Discovery procedures may be ordered by the Hearing Officer upon the written request of any party, or upon the Hearing Officer's own motion, when necessary to expedite the proceedings, to ensure a clear and concise record, to ensure a fair opportunity to prepare for the hearing, or to avoid surprise at the hearing, and when the allowance of discovery procedures will not interfere with or impair the time requirements applicable to the proceeding.

1. Discovery may consist of the following:

A) production of documents or things;

B) depositions;

C) written interrogatories; and

D) requests for admissions of fact.

2. The Hearing Officer may restrict or deny discovery when necessary to prevent undue delay or harassment.

b) The Hearing Officer shall order the following discovery upon written request of any party:

1. a list of witnesses who are known to the party and who have personal knowledge of relevant facts;

2. a list of any expert witnesses who may be called at the hearing, which shall be submitted to all parties prior to the hearing.

c) Any person, including a party, who is deposed, interrogated or required to submit documents or things under this Part may be examined regarding any matter, not privileged, that is relevant to the subject matter of the pending case or that may lead to the discovery of relevant information.

d) Except as otherwise provided, all depositions and written interrogatories taken pursuant to this Section shall be for purposes of discovery only. The depositions and interrogatories may be used for purposes of impeachment, as admissions, or as any affidavit could be used. Upon application to the Hearing Officer, either before or after the taking of the deposition or the filing of written interrogatories and upon a showing that at the time of the hearing the party deposed or interrogated will not be available due to death, age, sickness, infirmity, absence from the country or other exceptional circumstances, the Hearing Officer may order that the deposition or interrogatories be used as evidence in the hearing.

e) Transcription and certification of a deposition shall be pursuant to Illinois Supreme Court Rule 207.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.360 Subpoenas

a) Upon application to the Hearing Officer by any party, or upon the request of the Hearing Officer, the General Counsel may issue a subpoena in the name of the Board for attendance at a deposition or hearing, which may include a command to produce books, papers, documents or tangible things designated in the subpoena and reasonably necessary to resolution of the matter under consideration, subject to the limitations on discovery prescribed by Section 125.350. The Hearing Officer, upon motion, and in any event at or before the time specified in the subpoena for compliance, may quash or modify the subpoena if it is unreasonable or oppressive.

b) Every subpoena shall state the title of the action and shall command each person to whom it is directed:

1. to attend and give testimony at the time and place specified; and/or

2. to produce books, papers, documents or tangible things designated in the subpoena at the time and place specified.

c) A subpoena duces tecum may be limited to the production of documents and not require personal attendance of the person to whom it is directed.

d) The party requesting the issuance of a subpoena shall tender with the request a check reimbursing the witness for the round trip cost of travel between the witness' place of residence and the place where his or her presence is requested. Reimbursement shall be equal to that provided by statute for civil costs in the Circuit Courts of Illinois.

e) On written request of the Hearing Officer or party requesting issuance of the subpoena, the General Counsel may request an order from the Board to enforce the subpoena in Circuit Court.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.370 Transcript of Proceedings

All proceedings at public hearings shall be recorded by a certified court reporter but need not be transcribed unless requested by a party, who shall pay for the transcription of the portion requested, except as otherwise provided by the Board or by law. Any transcript will be retained through and including the time allotted for appeal, rehearing or other manner of review prior to final deposition as provided by the Board or by law. Before the transcript is filed, the Hearing Officer shall notify the parties that the transcript has been produced, shall receive corrections from any person, shall examine the transcript for accuracy, and, within a reasonable time, shall certify that it is a true and correct transcript of the hearing. Only after that certification may the transcript be made available for public inspection.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.380 Official Record

The transcript and the record offered in connection with the hearing shall constitute the official record. The record in a public hearing shall include:

a) pre-hearing records, if any;

b) all pleadings (including all complaints, answers, notices, motions, briefs and rulings);

c) evidence received;

d) a statement of matters officially noticed;

e) offers of proof, objections and rulings;

f) Findings of fact, Conclusions of Law and Recommendations of the Hearing Officer.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.390 Briefs and Oral Argument

The parties may submit written briefs to the Hearing Officer or the Board, as the case may be, within 5 days after the close of the hearing, or within such other time as is consistent with the responsibility for decision as required by law. Upon request at the time of submission of briefs or on its own motion, the Board or the Hearing Officer may permit oral argument by the parties.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.410 Hearing Officer's Report

Upon the conclusion of the hearing held pursuant to Subpart C, the Hearing Officer shall issue a written report that shall include findings of fact, conclusions of law, and recommendations. This report shall be prepared as soon as possible after the conclusion of the public hearing and shall be transmitted to the Board, with a copy to the General Counsel.

a) Findings of Fact shall be based exclusively on the evidence presented at the hearing, including any matters officially noticed. Conclusions of law and recommendations shall be based upon a consideration of the record as a whole.

b) The General Counsel, after receipt of the Hearing Officer's report, shall promptly submit comments or opinion on the Hearing Officer's report to the Board.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.420 Order of the Board; Civil Penalties

a) In addition to any complaint disposed of by written stipulation, agreed settlement or consent order pursuant to Code Section 9-21, the Board will review the reports submitted by the Hearing Officer and the General Counsel, and any objections, briefs or memoranda filed by any party to the hearing, and shall issue its final order within the time specified in Code Section 9-21. If the hearing was extended by stipulation or order of the Hearing Officer pursuant to Section 125.160, then the Board decision shall be issued:

1. within 3 business days after the Hearing Officer's report, if the complaint was filed within 60 days prior to an election and related to that election; or

2. within 60 days after the Hearing Officer's report in all other instances.

A) Oral argument before the Board prior to issuance of a final order or approval of a written stipulation, agreed settlement or consent order shall be permitted at the Board's discretion.

B) Evidence that was not proffered at the public hearing will be considered only if the proponent of the evidence demonstrates that the evidence was unavailable at the time of the public hearing, or if the Board determines, in its discretion, that evidence in the form of supplemental testimony prior to issuance of a final order or approval of a written stipulation, agreed settlement of consent order will provide undiscovered relevant testimony.

C) If permissible under the Open Meetings Act [5 ILCS 120] the Board may consider, discuss and take final action on any final order, written stipulation, agreed settlement or consent order through a teleconference in lieu of an in-person meeting. Notice shall be given to the media in advance of the teleconference. The call shall be broadcast over speaker phone or other similar device at both the permanent and branch offices of the Board and the broadcast shall be open to the media and public. The entire conference shall also be recorded by a certified court reporter.

b) Whenever the Board determines a person to be in violation of any provision of Article 9 or any regulation adopted under Article 9, the final order, written stipulation, agreed settlement or consent order shall direct that person to cease or correct the violation or otherwise comply with Article 9 or the regulation within such time as the Board may specify, but not within less than 15 business days.

c) The Board will also notify the person, as part of its final order, written stipulation, agreed settlement or consent order that it will impose a civil penalty, not to exceed $5,000, on any person who fails or refuses to comply with the final order, written stipulation, agreed settlement or consent order within the time specified by the Board. The procedure for assessment and the amount of civil penalties shall be as set out in Section 125.425 of this Part.

d) Standing Orders

1. Any final order, written stipulation, agreed settlement or consent order issued that determines Article 9 was violated shall include a provision, referred to as a "Standing Order" provision, requiring that all subsequent reports, statements or filings required by Article 9, during the period the Standing Order provision is in effect, must be made within the time limits set forth in Article 9, and that any failure or refusal to comply with those filing deadlines shall result in the imposition of civil penalties by the Board in an amount not to exceed $5,000.

2. Any Standing Order shall remain in effect for a period of 12 months from the date of the final order, stipulation or agreed order. This Standing Order provision shall not apply to final orders rendered for delinquent filings under Code Section 9-10.

e) In addition to, or in lieu of, the imposition of a civil penalty, the Board's order may also direct that violations of the Election Code, any rule adopted under the Code, or any order issued by the Board, be reported to the Attorney General and the appropriate State's Attorney whenever there appears to be any evidence to suggest that there has been a willful failure to file or willful filing of false or incomplete information required by the Election Code and such willful failure to file or willful filing of false and incomplete information may possibly constitute a criminal violation of the Election Code pursuant to Code Section 9-26.

f) The Board's order imposing a civil penalty shall become effective immediately upon execution of the final order or as otherwise specified in the order, the Election Code or other rule of the Board.

g) All parties to the proceeding shall be notified promptly of any and all orders. Exact copies of an order shall be personally delivered or mailed by certified or registered mail to each attorney of record unless the attorney has consented to service by e-mail or facsimile.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.425 Civil Penalty Assessments

a) A report required to be filed within a specified time pursuant to Code Section 9‑10 is delinquent if not received by the Board on or before the due date. Reports received via U.S. mail are deemed received by the Board as of the date stamped by Board staff on the documents submitted.

b) If a report is or continues to be delinquent, it is subject to a civil penalty as set out in subsection (d).

c) When a report required by Code Section 9-10(b) is delinquent, the Board will provide the committee a notice of delinquency. For all violations of Code Section 9-10, within 365 days of the violation, the Board will send by first class mail a notice of violation to the chair and the treasurer of each delinquent political committee with an order assessing a civil penalty calculated in accord with subsection (d). The notice of violation and order shall also be sent by certified mail to that committee's address. The notice of violation shall state that the Board has issued a civil penalty that will be final unless the committee shows cause during an appeal in accord with subsection (g) why the penalty should not be assessed.

d) The Board will calculate the civil penalty for delinquent filings under Code Section 9-10 and subsection (c) of this Section as follows:

1. If the committee's total receipts, total expenditures, and balance remaining at the end of the reporting period for which the delinquent report was due are each $10,000 or less, the political committee will be assessed a fine of $10 per business day for the first violation, $25 per business day for the second violation, $50 per business day for the third violation, and $75 per business day for the fourth and each subsequent violation, to a maximum of $250 for the first violation, $500 for the second violation, $1,000 for the third violation, and $1,500 for the fourth and each subsequent violation.

2. If the committee's total receipts, total expenditures, or balance remaining at the end of the reporting period for which the delinquent report was due exceeds $10,000, the political committee will be assessed a fine of $20 per business day for the first violation, $50 per business day for the second violation, $100 per business day for the third violation, and $150 for the fourth and each subsequent violation, to a maximum of $500 for the first violation, $1,000 for the second violation, $2,000 for the third violation, and $3,000 for the fourth and each subsequent violation.

3. For the purposes of subsection (d)(1)-(2):

A) calculation of a committee's total receipts shall include in-kind contributions in addition to monetary contributions; and

B) calculation of a committee's balance remaining at the end of the reporting period shall include the value of any investments held by the committee.

4. If the delinquent filing is a quarterly report, the Board will assess a civil penalty even if a committee has no receipts or expenditures to disclose on the quarterly report. No civil penalty shall be assessed against a committee if the quarterly report is mailed and postmarked at least 3 days prior to the filing deadline unless the committee has been previously notified by the Board it must file its reports electronically under Code Section 9-28.

5. If the report at issue is a Schedule A-1 (report of contributions of $1,000 or more), a civil penalty for a violation of Code Section 9-10(c) may not exceed the amount of the contribution.

6. If the report at issue is a Schedule B-1 (report of independent expenditures of $1,000 or more), a civil penalty for a violation of Code Section 9-10(e) may not exceed the amount of the independent expenditure.

e) The Board will calculate other civil penalties as follows:

1. If the delinquently filed report is a Statement of Organization (Form D-1), the Board will assess a civil penalty of $50 for each business day that the report remains unfiled after its due date. The penalties shall not exceed $5,000.

2. If a committee receives a contribution or transfer in violation of Code Section 9-8.5, the civil penalty will be calculated as 150% of the amount of the contribution or transfer that exceeded the contribution limitations, except that if in the Board's opinion the violation was committed inadvertently or negligently, the civil penalty will be reduced to 10% of the calculated civil penalty for a first violation and 50% of the calculated civil penalty for a second violation.

3. If an independent expenditure committee makes a contribution in violation of Code Section 9-8.6(d), the Board will assess a fine equal to the amount of any contributions received in excess of the contribution limits for that particular contributor, during the two years preceding the date of the first contribution made in violation of the Act during a given quarterly reporting period.

f) In addition to the civil penalties provided for in Code Section 9-10(g), a committee or organization required to report under the Election Code may, for violations of provisions of Article 9 of the Election Code other than delinquent filing, be assessed a civil penalty under the provisions of Code Section 9-23 and this subsection (f). The Board will calculate civil penalties in accordance with subsections (d) and (e). A committee that violates both Code Section 9-10 and an order of the Board may be liable for separate penalties for each violation. In cases of alleged violation of an order of the Board brought under the provisions of Code Section 9-23, the Board will mail to each committee or organization alleged to be in violation of a Board order notice of a proposed civil penalty calculated in accord with the terms of this Part, which proposed penalty shall become effective without further proceedings unless the committee or organization receiving the notice appeals the proposed civil penalty.

g) Appeals. A political committee assessed a civil penalty under Code Sections 9-3, 9-8.15, 9-8.5, 9-8.6, 9-8.10, or 9-10 or that has received notice of a proposed civil penalty for violation of a Board order under Code Section 9-23 may:

1. submit, within 30 calendar days after the mailing of the assessment notice, a request for waiver of appearance and either a written notice of appeal, if submitted by an attorney for the committee, or an appeal affidavit, if submitted by the candidate, chair, or treasurer of the committee, in the form provided by the Board. The notice of appeal or appeal affidavit must state with specificity the reasons for the late filing or violation of the Board order, as the case may be, to show why a civil penalty should not be assessed. Any basis for appeal not stated in the notice of appeal or appeal affidavit may be deemed waived. An appeal affidavit shall either be in writing, made under oath and upon penalty of perjury sworn to before a notary public or any person authorized to administer oaths, or be made pursuant to Section 1-109 of the Code of Civil Procedure [735 ILCS 5]. A Committee submitting a waiver of appearance must submit all evidence supporting its appeal with its notice of appeal or appeal affidavit; or

2. submit, within 30 calendar days after the mailing of the assessment notice, a request for hearing and either a written notice of appeal, if submitted by an attorney for the committee, or an appeal affidavit, if submitted by the candidate, chair, or treasurer of the committee, in the form provided by the Board, stating with specificity the reasons for the late filing or violation of the Board order, as the case may be, to show why a civil penalty should not be assessed. Any basis for appeal not stated in the notice of appeal or appeal affidavit may be deemed waived. An appeal affidavit shall either be in writing, made under oath and upon penalty of perjury sworn to before a notary public or any person authorized to administer oaths, or be made pursuant to Section 1-109 of the Code of Civil Procedure; or

3. pay, within 30 days after the mailing of the assessment notice, the civil penalty assessed. If notice of appeal or appeal affidavit is filed, with or without waiver of appearance, the civil penalty shall not be due until the appeal is determined by the Board.

4. to be considered timely, an appeal must either be received by the Board within 30 calendar days after the date on the assessment notice or mailed to the Board and postmarked within 30 calendar days after the date on the assessment notice. If the envelope containing an appeal is received after the 30 day period and lacks a postmark, or if the postmark is illegible, the appeal shall not be considered timely filed and will be returned to the sender, if possible.

h) An appeal filed pursuant to subsection (g)(1) or (g)(2) by the political committee shall be assigned to a Hearing Officer, who will provide notice and a hearing to the committee, if requested, or if the Hearing Officer determines a hearing is necessary to understand the applicable facts. A Hearing Officer may seek clarification or supporting evidence from the committee regarding the basis for appeal, provided such clarification or evidence is limited and specific to the scope of the defense contained within the notice of appeal or appeal affidavit. Upon the conclusion of the hearing, the Hearing Officer shall issue a written report that includes findings of fact, conclusions of law, and a recommendation whether or not to grant the appeal. If the committee waived its right to hearing, and no hearing was held, the Hearing Officer's report, findings of fact, conclusions of law, and recommendation shall be based solely upon the notice of appeal or appeal affidavit and any supplementary evidence simultaneously submitted with it.

i) The standard of review for an appeal filed pursuant to subsection (g)(1) or (g)(2) is whether the committee has demonstrated by a preponderance of the evidence that the assessment was in error. Error may be shown by proving the committee did not violate Article 9, the Board's assessment was incorrect, an affirmative defense is applicable, or other meritorious basis exists to grant the appeal.

j) Post-Appeal Hearing Defense or Evidence

1. Any defense and any accompanying evidence upon which the appeal is based that is presented to the Board following an appeal hearing, either by personal appearance before or a written appeal submitted to a Hearing Officer, shall be limited to the defense and evidence that was presented at the appeal hearing. The defense and evidence shall include, but not be limited to, interpretation of statute and rules, consideration of written or oral testimony tendered at the appeal hearing and consideration of documentary evidence tendered at the hearing.

2. Any defense and accompanying evidence that was not known, and could not reasonably be expected to have been known, by the respondent at the time of the appeal hearing may be presented to the Board. The Board may, upon motion or on its own motion, remand the defense and evidence back to the original Hearing Officer, or may submit it to a new Hearing Officer for consideration. If an issue exists as to the applicability of this exception, the Board will rule upon the issue immediately after presentation of the disputed defense and evidence. The respondent in the case shall be given an opportunity to demonstrate to the Board that the disputed defense and evidence was not known at the time of the appeal hearing and the respondent should not have been expected to have been aware of the defense and evidence at the time of the appeal hearing.

3. Nothing in this Part shall be construed to prevent the respondent from being represented by counsel at the presentation before the Board when the counsel did not represent the respondent at the appeal hearing. Counsel shall be licensed to practice law in the State of Illinois as required by Section 125.60.

k) In addition to deciding whether to grant the appeal using the standard in subsection (i), the Board will consider the following factors in determining whether to waive or reduce a fine:

1. Whether the committee made an attempt to disclose the contribution, and any attempts made to correct the violation;

2. Whether the violation was inadvertent, knowing, or intentional;

3. Whether the violation is attributed to a clerical or computer error;

4. The amount of the contribution or total contributions in the report;

5. Whether the violation arose from a discrepancy between the date the contribution was reported and the date the contribution was received by a political committee;

6. The number of days the report was submitted late; and

7. Any prior violations, including past violations of any committee composed of the one or more of the same officers, or for the same purpose or for the support of the candidacy of the same person, irrespective of office, as the committee currently being assessed a civil penalty.

l) If a political committee or organization required to report under the provisions of Article 9 that is subject to a civil penalty fails, within the time required, to make payment in full of the assessed civil penalty, then the Board will work with the Attorney General to proceed with efforts at collection pursuant to the Illinois State Collection Act of 1986 [30 ILCS 210]. The Board will not hear an appeal of a civil penalty imposed for delinquent filing or the violation of a Board order if neither a request for waiver of appearance and notice of appeal or appeal affidavit nor a request for hearing and notice of appeal or appeal affidavit is filed within the time required. If notice of appeal or appeal affidavit is received and is not accompanied by either a request for hearing or waiver of appearance, a hearing may be scheduled at the Hearing Officer's discretion.

m) Notwithstanding any provision of this Section to the contrary, the Board will stay the enforcement of any civil penalty in cases of first time violation of a filing deadline. If a committee that has not violated Code Section 9-10 in more than two years is assessed a penalty for multiple Schedule A-1 violations that the committee confirms were part of a single deposit, the violations may be stayed. The stay shall continue only so long as no subsequent violations of Article 9 or of Board orders occur. Violation of Article 9 or a Board order will cause the civil penalty otherwise stayed to become due and may expose the committee or organization to further liability in accord with this Section.

n) For the purpose of this Section, second and subsequent violations are deemed to occur with reference to the time the first violation occurred, not when a hearing, if any is required, concerning the first violation is held. The Board may consider two or more allegations of violations at the same hearing, treating the first as an initial violation and the remaining as subsequent violations, imposing appropriate civil penalties for each. For the purposes of this Section, a violation is considered to have occurred on the first day a report is delinquent (see subsection (a)).

o) Notwithstanding any other provision of this Section:

1. if an active political committee or organization violates Code Section 9-10 no more than once during a two year period, it shall, after two years have lapsed following the violation date, be considered as never having violated Code Section 9-10. For a single violation, the two year period begins to run with the date of the violation. If an active political committee or organization is assessed more than one civil penalty and has paid all assessed civil penalties, it shall be considered for assessment purposes as not having violated Code Section 9-10 if it is assessed no other civil penalty during a two year period following receipt of payment by the Board;

2. if a committee or organization is assessed a single penalty under Code Section 9-10 and subsequently files a final report pursuant to Code Section 9-5 or has filed a final report pursuant to Code Section 9-5 prior to the assessment, during the two year period beginning with the date of the violation, any successor committee or organization shall be considered, for assessment purposes, as not having violated Code Section 9-10 if it is assessed no other penalty;

3. if a committee or organization is assessed more than one penalty under Code Section 9-10 and subsequently files a final report pursuant to Code Section 9-5 or has filed a final report pursuant to Code Section 9-5 prior to the assessment, and the political committee or organization has not paid the civil penalties, any successor committee or organization that subsequently pays all civil penalties due shall be considered as never having violated Code Section 9-10 if, for two years from the date of receipt of payment by the Board, the successor committee or organization is assessed no other civil penalty;

4. if a committee or organization is assessed more than one penalty under Code Section 9-10 and subsequently files a final report pursuant to Code Section 9-5 or has filed a final report pursuant to Code Section 9-5 prior to the assessment, and the political committee or organization has not paid the civil penalties, the two year period shall begin with the date of the final Board order, unless the final report is filed subsequent to the date of the final Board order, in which case the two year period shall begin with the date the final report is received by the Board. If no successor committee is formed during that period, the committee shall be considered for assessment purposes as not having violated Code Section 9-10.

p) Upon notice by the Hearing Officer or upon request by any party, the Hearing Officer may direct parties or their attorneys to appear at a specified time and place for a conference, either during or prior to any hearing, for purposes including, but not limited to:

1. the formulation and simplification of issues;

2. the necessity or desirability of amending the assessment notice for the purpose of clarification or correction;

3. the possibility of stipulations concerning material facts;

4. the limitations of the number of witnesses;

5. other matters as may aid in the simplification of evidence and the disposition of the proceeding.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.430 Enforcement Actions in the Circuit Court

a) Whenever the Board, pursuant to Code Sections 9-21 and 9-23, has issued an order directing a person determined by the Board to be in violation of Article 9 or any rule or regulation adopted under that statute to cease or correct a violation or otherwise comply with Article 9, and the Board imposes a civil penalty for failure or refusal to comply with its order within the specified time, the Board will work with the Attorney General to enforce the civil penalty by filing with the Circuit Court a petition for an order to enforce collection of the penalty.

b) The Board may also petition the Circuit Court to issue an order compelling compliance with an order issued by the Board, or to restrain or prohibit a person who is engaging or has engaged in acts or practices that constitute a violation of any provisions of Article 9 from engaging in those acts or practices.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.440 Reconsideration

Any party affected by a final order of the Board, may file a written motion to reconsider. The motion shall set forth in specific detail the grounds alleged for reconsideration and must be filed with the Board not later than 21 days after the effective date of the Board's order.

a) A Motion to Reconsider a Final Board Order imposing a civil penalty for a delinquently filed report or reports, when the respondent failed to timely file an appeal of the penalty, must state the reasons the respondent failed to submit an appeal in a timely manner and the basis for the appeal itself. Motions that fail to state these reasons and basis will be denied by the Board as failing to state adequate grounds for reconsideration of the final Board order.

b) Evidence not submitted by the respondent prior to the entry of the final order of the Board may be considered only at the Board's discretion.

c) Oral argument shall be permitted on the motion only at the Board's discretion. Failure of a committee to appear before the Board when the matter is scheduled for consideration waives the right of the party to make oral argument before the Board.

d) The Board may grant a Motion to Reconsider a Final Board Order imposing a civil penalty for a delinquently filed report or reports only if the Board determines that the reasons the respondent failed to submit an appeal in a timely matter are outside the control of the respondent or otherwise extraordinary, and the basis for the appeal is meritorious. The Board may grant a Motion to Reconsider a Final Board Order in other instances if reconsideration is necessary to correct an error of fact or law.

e) If permissible under the Open Meetings Act [5 ILCS 120] the Board may consider, discuss and take action upon the motion through a teleconference in lieu of an in-person meeting. Notice shall be given to the media in advance of the teleconference, the call shall be broadcast over a speaker phone or other similar device at both the permanent and branch offices of the Board, and the broadcast shall be open to the media and public. The entire teleconference shall also be recorded by a certified court reporter.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.445 Public Database of Founded Complaints

The public database of founded complaints required under Section 9-23.5 of the Election Code applies only to complaints that have been determined by the Board to have been filed upon justifiable grounds. The database shall not include complaints that, upon completion of a closed preliminary hearing, were determined by the Board not to have been filed upon justifiable grounds. The searchable database of founded complaints shall include, but not be limited to: case number, complainant, respondent, date the complaint was filed, Section of the Code alleged to be violated, date of public hearing, final board action and date of imposition of a penalty for violation of final board action, if any.

History

• Source: Added at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.450 Settlement of Civil Penalties

a) If a civil penalty assessment imposed under Code Section 9-10 for delinquent filings represents an undue hardship for a committee, or the committee otherwise lacks the funds or the ability to raise funds to pay the assessment, the committee may submit a settlement offer to the Board using a form available on the Campaign Disclosure portion of the Board's website, or it may convey a settlement offer orally when the committee's case is called at a hearing before a Hearing Officer or the Board.

b) At its discretion, the Board may hear oral argument prior to ruling upon a settlement offer.

c) When determining whether to waive or reduce a fine, the Board will consider:

1. Whether the political committee made an attempt to disclose the contribution and any attempts made to correct the violation;

2. Whether the violation was inadvertent, knowing, or intentional;

3. Whether the violation is attributed to a clerical or computer error;

4. The amount of the contribution or total contributions in the report;

5. Whether the violation arose from a discrepancy between the date the contribution was reported and the date the contribution was received by a political committee;

6. The number of days the report was submitted late; and

7. Any prior violations.

d) If the Board determines that a waiver or reduction of the fine is appropriate under subsection (c), factors to consider in determining the amount of an appropriate settlement include, but are not limited to:

1. The percentage of the fine offered in settlement, with preference given to an offer of at least 50% of the amount owed;

2. The committee’s average receipts over the most recent four quarters;

3. Whether the committee has a current balance sufficient to pay the fine;

4. The ratio of the fine to the committee's average fund balance or average total cash receipts to the penalty amount;

5. The prospective fundraising ability of the committee;

6. The type of contribution at issue (cash v. in kind contribution);

7. The committee's past filing history;

8. Whether the committee provided an explanation why it is unable to raise enough funds to pay the total assessment;

9. Whether the committee's treasurer completed the training required by 26 Ill. Adm. Code 100.190;

10. Whether the delinquent report resulting in a civil penalty assessment was due within the 60 day period before an election; and

11. Whether the committee has filed a final report.

e) The Board will not accept a settlement for civil assessments resulting from a Board finding of willfulness in connection with a delinquent filing.

f) Unless otherwise ordered by the Board, a settlement offer approved by the Board shall be paid within 30 days. Failure to pay within the required time shall result in automatic reinstatement of the original civil assessment amount.

History

• Source: Added at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.510 Applicability (repealed)

History

• Source: Repealed at 14 Ill. Reg. 10832, effective June 22, 1990

26 Ill. Adm. Code 125.520 Staff Review and Enforcement of Reporting Requirements

Prior to filing a written complaint pursuant to Code Section 9-20, the State Board of Elections, through its staff, will:

a) Notify in writing each political committee that has failed to file a required report, or whose report is incorrect, incomplete, inaccurate or otherwise not in compliance with the law. Notification for failure to file a quarterly report shall be sent to all established political committees required to file that report. Notification of any violation of Code Section 9-10 shall be provided to the political committee no later than 365 days after the date of the violation.

b) The written notice required by subsection (a) shall be given by personal service or First Class mail. With respect to documents required that have been filed, the notice shall specify to the extent possible the deficiencies claimed in the reports.

c) The notice must also set a time, place and date for a pre-complaint conference to be held in accordance with Section 125.530. The conference will be afforded to any political committee or its chair or treasurer, or to any other person affected, prior to a complaint being filed by or on behalf of the Board.

d) For good cause shown, the Director of the Division of Campaign Disclosure of the Board may extend the time for compliance for an additional 30 days after the date of the pre-complaint conference. No further extensions of time shall be given without express Board approval, and in those cases in which the reporting committee is subject to a "Standing Order" provision as provided in Section 125.420, no extensions of time shall be given.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.530 Compliance Conference

Whenever a compliance conference is conducted, the parties shall be afforded an opportunity to come into compliance with any applicable requirement of the Election Code or any rule of the Board and to dispose of all matters in dispute by written stipulation or agreed order. However, if the campaign committee has previously failed to comply with the requirements of the Election Code or any rule of the Board, any stipulation or agreed order must be submitted to the Board and shall not be effective unless approved by the Board. Repeated failures to comply with the Election Code or rules of the Board shall entitle the Board to reject any proposed stipulation or agreed order and to direct that a complaint be filed.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.540 Staff Initiated Complaint (repealed)

History

• Source: Repealed at 14 Ill. Reg. 10832, effective June 22, 1990

26 Ill. Adm. Code 125.550 Investigations, Inquiries or Hearings

The Board, or General Counsel with prior consent of the Chairman and Vice Chairman, may undertake other investigations or inquiries as may be reasonable or necessary concerning any matter covered by the Act. Once an investigation or inquiry has been so undertaken, the General Counsel shall have the authority to hire factfinders or investigators or to carry out other directions the Board may give. Subpoenas may be issued upon vote by the Board in order to carry out the investigation, inquiry or hearing.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.610 Applicability

This Subpart shall apply to all rulemaking and other non-adjudicative hearings and procedures except for closed preliminary hearings under Subpart B of this Part. Hearings conducted pursuant to this Subpart shall be deemed in the nature of legislative hearings.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.620 Adoption of Rules

Whenever the Board proposes to adopt, amend or repeal a rule, the Board shall conduct a public hearing if it determines that this would be the most efficient way to facilitate public comment on the rulemaking or if the agency receives a request for a public hearing within the first 14 days after publication of the notice of proposed rulemaking in the Illinois Register from 25 interested persons, an association representing at least 100 interested persons, the Governor, the Joint Committee on Administrative Rules, or a unit of local government that may be affected [5 ILCS 100/5-40]. In all cases, the Board shall accept from interested persons all written comments pertaining to the rulemaking that are submitted during the 45 day First Notice period. If the Board finds that an emergency requires adoption of a rule, it shall proceed without prior notice or hearing, or upon any abbreviated notice and hearing that it finds practicable, to adopt an emergency rule that shall be effective for a period of up to 150 days.

a) Revision of Proposed Rules. After any rulemaking hearing and prior to submission of Second Notice to JCAR, the Board may revise the proposed rules in response to suggestions made at the hearing and written submissions received prior or subsequent to the hearing, without conducting a further hearing on the revisions.

b) Notice of Final Rule. Any person heard on the original proposal, who has given his or her name and address to the Board, shall be given notice of the Board's final action.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.630 Rulemaking Hearings

The Board may either:

a) hold rulemaking hearings itself; or

b) designate a subcommittee of the Board, a member of the Board's staff, or a Hearing Officer to hold such a hearing. Pursuant to Section 125.60(b), whenever possible, any person designated as a Hearing Officer shall be a licensed attorney in the State of Illinois.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.640 Notice of Hearing

a) Notice of Hearing shall be given at least 10 days prior to the date of the hearing:

1. By posting the Notice on the State Board of Elections website;

2. By posting the Notice at the principal and permanent branch offices of the State Board of Elections; and

3. If the Board determines necessary, by public advertisement in a newspaper of general circulation in Chicago or Springfield, depending on where the hearing is to take place.

b) The Board shall make available copies of any proposed rules and supporting statements, if any, at the time the hearing date on proposed rules is announced.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.650 Conduct of the Hearing

The hearing shall be conducted in such manner so as to insure a fair hearing, to avoid delay, to maintain order, and to ensure development of a clear and complete record. The hearing may provide for:

a) the prior submission of testimony and exhibits in writing;

b) the examination of witnesses under oath;

c) a limitation on the amount of time each witness may testify; and

d) restriction or elimination of merely cumulative testimony.

26 Ill. Adm. Code 125.660 Examination of Witness

Examination of witnesses by any member of the Board, by counsel to the Board or by a Hearing Officer shall be permitted. Examination by any other person shall be permitted in the discretion of the party conducting the hearing. Repetitious examination may be limited.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.670 Record

All testimony shall be recorded either stenographically or by electronic recording. The transcript, all written testimony, all exhibits offered in connection with the hearing, and all written submissions shall constitute the record.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.680 Report of Hearing

If a hearing is conducted by a member of the Board's staff, or by a Hearing Officer, a written report shall be submitted to the Board at its next regularly scheduled meeting. This report shall also be included in the submission of the proposed rulemaking to the Joint Committee on Administrative Rules (JCAR). The report shall summarize the record and shall include such other comments, suggestions, conclusions or recommendations as the party preparing the report deems necessary.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.710 Advisory Opinions

a) Request and Scope

1. An advisory opinion may be requested from the State Board of Elections by any of the following:

A) a member of the Board;

B) any candidate for public office or the chairman or treasurer of any campaign committee that is, or may be, required to file any campaign disclosure reports.

2. Advisory opinions under this Subpart shall be limited to issues pertaining to Section 9-8.10 of the Code.

b) The request must be submitted in writing to the General Counsel and shall set forth the specific facts, activity or transaction that the requesting party is undertaking, or intends to undertake, and the specific issues on which the requesting party seeks an advisory opinion.

1. Requests presenting general questions of interpretation, hypothetical questions, or matters relating to activities of third parties shall not qualify as requests for an advisory opinion.

2. Issuance of any advisory opinion shall at all times be discretionary with the Board.

c) The General Counsel shall review all requests for advisory opinions and, if the General Counsel determines that the request is incomplete or does not otherwise qualify under subsection (b), he or she shall, within 14 days after the receipt of the request, notify the requesting party and specify any deficiencies in the request. The requesting party may appeal any determination by the General Counsel directly to the Board.

d) If the General Counsel determines that the request may qualify for an advisory opinion, or if the Board overrules the determination by the General Counsel under subsection (c), the request shall be referred to the Campaign Disclosure Division of the State Board of Elections for review and written comment. The written comment shall be directed to the General Counsel, and the General Counsel shall in turn review and provide written comment on the request to the Board. The General Counsel shall also advise the party making the request for opinion that the request has been submitted to the Board.

e) Board Determination

1. Within 60 days after a request is received that qualifies for an advisory opinion, the Board shall issue to the requesting party either:

A) a written advisory opinion; or

B) a statement that the Board declines to issue an advisory opinion.

2. An advisory opinion shall be issued only upon the affirmative vote of 5 members of the Board.

f) An advisory opinion rendered by the Board may be relied upon by:

1. the requesting party;

2. any person involved in the specific transaction or activity with respect to which the advisory opinion is rendered; and

3. any person involved in any specific transaction or activity that is indistinguishable in all its material aspects from the transaction or activity with respect to which the advisory opinion is rendered.

g) Nothing contained in this Section shall preclude the distribution by the Board or any of its staff of information consistent with the Election Code, any prior opinions of the Board, and any relevant federal or state case law.

h) A copy of each advisory opinion shall be sent to the requesting partyand to any legal representatives of the requesting party.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.720 Reconsideration of Advisory Opinion

a) The Board may reconsider an advisory opinion previously issued if the circumstances under which the opinion was issued have changed and either:

1. The requesting party submits a written request for reconsideration within 30 calendar days after receipt of the opinion and, upon the motion of a member of the Board who voted with the majority that originally approved the opinion, the Board adopts the motion to reconsider by the affirmative vote of 5 members; or

2. Upon motion of a member of the Board who voted with the majority that originally adopted the advisory opinion, the Board adopts the motion to reconsider by an affirmative vote of 5 members.

b) Adoption of a motion to reconsider vacates the advisory opinion to which it relates. The advisory opinion shall cease to be effective:

1. With respect to the party requesting the opinion, when written notice of the adoption of the motion to reconsider is given to that party;

2. With respect to all other persons who might claim that the opinion applies to them pursuant to Section 125.710(f)(2), upon adoption of the motion to reconsider by the Board.

c) In the event an advisory opinion is reconsidered, action taken in good faith and in reliance upon the opinion prior to its reconsideration shall estop the Board from claiming any violation of Section 9-8.10 of the Election Code or of any rules or regulations of the Board to which the advisory opinion applied.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.730 Public Availability of Advisory Opinions

a) When issued, each advisory opinion shall be made public and shall be sent by mail or personal delivery to the requesting party.

b) A copy of all advisory opinions shall be kept on file and shall be made available for public inspection through the Office of the General Counsel in both the Chicago and Springfield offices. Opinions will be available for inspection during normal working hours.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.740 Conflict Between This Part and the Iapa

In the event of any conflict between this Part and the Illinois Administrative Procedure Act [5 ILCS 100], the provisions of the Illinois Administrative Procedure Act shall control.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.810 Ex Parte Communications

a) Except in the disposition of matters they are authorized by law to entertain or dispose of on an ex parte basis, members of the Board, employees of the Board and Hearing Officers shall not, after the commencement of any proceeding pursuant to Article 9 or this Part, communicate, directly or indirectly with any party in connection with any pending issue except upon notice and opportunity for all parties to participate. If a party contacts an employee of the Board or the Hearing Officer without notice and an opportunity for the remaining parties to participate, and the party specifically references a pending complaint, the employee or Hearing Officer may provide only the time and place of the next hearing and contact information for the Hearing Officer and remaining parties, and shall instruct the party that future communications regarding the matter must include all parties.

b) With respect to any complaint filed pursuant to Subpart B, the prohibition provided for in subsection (a) shall commence with the filing of the complaint.

c) Nothing in this Section shall prohibit Board staff or Board members from communicating with each other, or a Hearing Officer or Board member from communicating with employees of the Board, to obtain their aid and advice on technical matters that fall within the area of expertise of the employee consulted.

d) Ex parte communications may also be governed by Section 5-50 of the State Officials and Employees Ethics Act [5 ILCS 430].

e) The Board may institute sanctions against any violator of this Section as it may deem appropriate and authorized by law.

History

• Source: Amended at 47 Ill. Reg. 5503, effective March 30, 2023

26 Ill. Adm. Code 125.820 Effective Date (repealed)

History

• Source: Repealed at 35 Ill. Reg. 2351, effective February 4, 2011

26 Ill. Adm. Code 125.830 Interpretation

The use of the masculine shall include the feminine or neuter where appropriate; the use of the singular shall include the plural where necessary. Whenever the word "shall" is used it shall be considered mandatory. The use of "may" is deemed permissive.

26 Ill. Adm. Code 125.840 Severability

The rules promulgated in this Part are severable and the invalidity or unenforceability of one or more shall not affect the validity of any other rule that may be given independent effect or application.

History

• Source: Amended at 35 Ill. Reg. 2351, effective February 4, 2011

Part 150 Administrative Complaint Procedures for Violations of Title Iii of Hava

26 Ill. Adm. Code 150.5 Applicability

This Part shall apply to the procedures utilized by the State Board of Elections to resolve complaints filed pursuant to Title IV Section 402 of the Help America Vote Act. This Part is authorized by the Act and Section 10-5 of the Illinois Administrative Procedure Act [5 ILCS 100/10-5].

26 Ill. Adm. Code 150.10 Definitions

As used in this Part, the following terms shall have the meanings specified:

"Act" or "HAVA" means the Help America Vote Act (Public Law 107-252; 42 USC 15301) and all amendments.

"Board" means the State Board of Elections.

"Complainant" means a party initiating a proceeding under the Act by the filing of a complaint.

"Election Authority" means the county clerk in all counties that do not have a county board of election commissioners, the county board of election commissioners in those counties that have adopted the provisions of Article 6A of the Election Code and the city board of election commissioners in those cities that have adopted the provisions of Article 6 of the Election Code.

"Election Code" means the Illinois Election Code [10 ILCS 5].

"Federal Election" means any election in which candidates for federal office are scheduled to be elected or nominated. For purposes of this definition, federal offices are President and Vice President of the United States, United States Senator, Representative in the United States Congress, delegates and alternate delegates to the national nominating convention and candidates for the Presidential Preference Primary.

"Hearing" means the hearing held pursuant to Section 150.30(c).

"Respondent" means an Election Authority, the State Board of Elections, or any other entity subject to the provisions of Title III of HAVA against whom a complaint is filed.

History

• Source: Amended at 40 Ill. Reg. 1953, effective January 5, 2016

26 Ill. Adm. Code 150.15 Filing of a Complaint

Any person who believes that a violation of any provision of Title III of the Act has occurred, or is occurring, or is about to occur may file a complaint with the State Board of Elections. If filed after the occurrence of the violation, the complaint must be filed no later than 90 days after the occurrence of the violation or 90 days after the federal election in connection with which the violation occurred, whatever date is later. Any complaint filed under this Section must allege a violation, or threatened violation, of Title III of the Act and state sufficient facts as to constitute a cause of action under Title III. In addition, the complaint must state whether the complainant desires a hearing on the record before the State Board of Elections.

History

• Source: Amended at 40 Ill. Reg. 1953, effective January 5, 2016

26 Ill. Adm. Code 150.20 Form of Complaint

a) All complaints filed under this Part shall be in writing and signed and sworn to (or affirmed) by the person filing the complaint and shall be notarized. In addition, the complaint shall:

1. be directed to and state the name of the respondent against whom the complaint is directed;

2. state the specific provisions of Title III of the Act alleged to have been violated;

3. state the time, place and nature of the alleged offense; and

4. be verified, dated and signed by the complainant in substantially the following manner:

Verification

"I declare that this complaint (including any accompanying exhibits and statements) has been examined by me and to the best of my knowledge and belief is a true and correct complaint as required by section 402 of the Help America Vote Act."

Signed and sworn to (or affirmed) by

Name of Complainant

before me on this

day of

, 20

.

Signature of Notary Public

(SEAL OF NOTARY)

b) Upon filing of a complaint, the office of the Board's General Counsel shall assign a docket number to the complaint and proceeding, and all documents thereafter filed pertaining to that particular complaint or proceeding shall include the docket number first assigned.

c) The complaint shall bear the address, telephone number and fax number of the complainant or of his or her attorney. The address and fax number provided by the complainant may be relied upon by all other parties for the transmission of all documents pursuant to Section 150.35.

History

• Source: Amended at 40 Ill. Reg. 1953, effective January 5, 2016

26 Ill. Adm. Code 150.25 Service of Complaint

The complainant shall serve a copy of the complaint upon the respondent. Service shall be complete when the document is served as provided in the Civil Practice Law [735 ILCS 5/2-203(a)], in person upon the party or his attorney, or deposited for mailing with the United States Postal Service, postage prepaid, registered or certified, addressed to the party.

26 Ill. Adm. Code 150.30 Preliminary Review of Complaint

a) Preliminary Review

1. Upon the filing of a complaint, the General Counsel shall perform a preliminary review to determine whether the complaint meets the following requirements to constitute a valid complaint under the Act.

A) The complaint alleges a violation under Title III of the Act;

B) The complaint pertains to a federal election; and

C) The complaint states sufficient facts as to constitute a cause of action under the Act for which the Board can grant appropriate relief.

2. If the General Counsel determines that the complaint meets the criteria listed in subsection (a)(1) for a valid complaint under the Act, then the complaint shall proceed under subsections (b) and (c). If the General Counsel determines that the complaint has not met the listed criteria for a valid complaint under the Act, the complaint shall be presented to the Board for a final determination of its status. In addition, the complainant shall be notified in writing of the General Counsel's determination of the complaint's invalidity and be given an opportunity to appear before the Board to show cause as to why the complaint should not be dismissed. The decision of the Board as to the status of the complaint shall be in the form of a final order subject to appeal under the Illinois Administrative Review Law [735 ILCS 5/Art. III], within the parameters of Sections 9-22, 10-10.01 and 17-33 of the Election Code. As an alternative to summary dismissal of the complaint, the Board may determine that the complaint alleges a violation of the Election Code and refer it for investigation to the appropriate division of the Board or to the appropriate election authority or law enforcement agency.

b) After a determination by the General Counsel that the complaint meets the criteria set out in subsection (a), and upon the written request of the complainant, the Board shall appoint a hearing examiner to conduct a hearing. This hearing shall be held to determine whether the complaint is sufficiently grounded in fact and law. The request must be a part of or accompany the complaint when filed. Following the hearing, the hearing examiner shall make a written recommendation as to whether the complaint is sufficiently grounded in fact and law, and a copy of the recommendation shall be given to the General Counsel for his or her recommendation and to both parties to the complaint. Upon receipt of the recommendation of the hearing examiner and the General Counsel, the Board shall make a final determination as to the merits of the complaint and shall make a decision as to what, if any, action should be taken as a result of the complaint. The final determination and decision shall be in the form of a final order subject to appeal under the Illinois Administrative Review Law, within the parameters of Sections 9-22, 10-10.01 and 17-33 of the Election Code.

c) Should the complainant fail to request a hearing, the Board shall appoint a hearing examiner to make a recommendation based solely on the complaint, any evidence submitted with the complaint, and any response offered by the respondent as to whether the complaint is sufficiently grounded in fact and law. The hearing examiner shall allow the respondent an opportunity for a hearing to present evidence supporting any offered defense (both documentary and/or testimonial) prior to the hearing examiner submitting the recommendation to the General Counsel. The complainant shall be given notice and an opportunity to be present and participate in the hearing; however, failure of the complainant to appear at the hearing shall not factor into the hearing examiner's recommendation as to whether the complaint is sufficiently grounded in fact and law. After considering all evidence presented by the parties, the hearing examiner shall prepare a written recommendation to be given to the General Counsel for his or her recommendation and to the parties to the complaint. Upon receipt of the recommendation of the hearing examiner and the General Counsel, the Board shall make a final determination as to the merits of the complaint and shall make a decision as to what, if any, action should be taken as a result of the complaint. The final determination and decision shall be in the form of a final order subject to appeal under the Illinois Administrative Review Law, within the parameters of Sections 9-22, 10-10.01 and 17-33 of the Election Code.

d) The proceedings of the hearing shall be recorded either by a certified court reporter or by means of an electronic recording device. Any party may provide for his or her own recording of the proceedings of the hearing utilizing a court reporter or any other recording device. Any associated costs, however, shall be borne by the party providing for the recording.

e) The Board shall render a final determination of the matters alleged in the complaint within 90 days after the filing of the complaint. The time period may be extended by a written waiver of the complainant. If the Board fails to render a final determination with respect to the complaint by the end of the 90 day period and no such waiver is provided by the complainant, the Board shall order the matter to be resolved by an alternative dispute resolution mechanism described in Section 150.145.

History

• Source: Amended at 40 Ill. Reg. 1953, effective January 5, 2016

26 Ill. Adm. Code 150.35 Documents Pertaining to Hearings

All documents, including but not limited to complaints, notices and motions, shall be filed with the hearing examiner and a copy shall be served upon the adverse party or its attorney as provided by Section 150.25 or, if agreed to by the parties, facsimile or electronic mail transmission.

26 Ill. Adm. Code 150.40 Computation of Time

Computation of the 90 day period of time mandated by Section 150.30(f) shall begin with the first day following the day on which the complaint is filed and shall run until the end of the 90th day, or the next following business day if the 90th day is a Saturday, Sunday or State holiday as defined in Section 1-6 of the Election Code.

26 Ill. Adm. Code 150.45 Appearances

The parties to a complaint filed pursuant to this Part may appear on their own behalf or by an attorney at law who is licensed to practice in the State of Illinois. Any person appearing pro se or by an attorney shall file a written notice of appearance with the hearing examiner. The appearance form may be submitted at the beginning of the hearing; however, if no hearing is requested by the complainant, the appearance form shall be submitted to the hearing examiner, pursuant to Section 150.35, within 15 business days after the filing of the complaint.

26 Ill. Adm. Code 150.50 Non-Legal Assistance

Any party involved in the complaint proceeding shall have the right to the presence and participation of additional persons in order to provide technical assistance and/or consultation. To maintain order, the hearing examiner may at his discretion restrict the number of additional persons who may attend and participate in the proceedings. The State Board of Elections, including any hearing examiners, shall provide any required assistance to persons with disabilities. Assistance may include, but is not limited to, sign language interpreters, large print or Braille materials and access to the location of any hearings or meetings of the Board.

26 Ill. Adm. Code 150.55 Designation of Parties

If a complete determination of the complaint cannot be had without the presence of other parties, the General Counsel, the hearing examiner or the Board may direct those parties to be brought in. Service of process shall be as provided in Section 150.25 and any subsequent motions and other documents shall be as provided in Section 150.35. The 90 day time period for the Board to render its final decision shall be tolled from the date the General Counsel, hearing examiner or Board directs any additional party or parties to be brought in until the date of service on the last party. If the General Counsel, the hearing examiner or the Board determines that any unnecessary parties have been named by the complainant, those parties may be dismissed.

History

• Source: Amended at 40 Ill. Reg. 1953, effective January 5, 2016

26 Ill. Adm. Code 150.60 Answer

Any respondent may file a written answer to a complaint prior to or at the time of any proceeding or hearing, but shall not be required to file an answer. The failure to file an answer shall not be deemed an admission of any allegation in the complaint nor a consent to any requested relief. The answer shall be filed with the hearing examiner and at least one copy shall be served upon all other parties to the proceeding, pursuant to Section 150.35.

26 Ill. Adm. Code 150.65 Appointment and Qualifications of Hearing Examiner

Within 5 business days after the filing of a complaint, the General Counsel shall appoint a hearing examiner to hear the complaint who shall be a licensed attorney in the State of Illinois. If the Board is a respondent in the complaint, the General Counsel will appoint a non-staff attorney to act as the hearing examiner, who will act independently of the Board. Written notice of the appointment of the hearing examiner shall be provided to the parties within 5 business days after his or her appointment.

History

• Source: Amended at 40 Ill. Reg. 1953, effective January 5, 2016

26 Ill. Adm. Code 150.70 Authority of Hearing Examiner

The hearing examiner has the authority to conduct and preside over the hearing and is empowered to take all necessary action to avoid delay, to maintain order, to ensure compliance with all requirements contained in this Part, and to ensure the development of a clear and complete record and shall have all powers necessary to conduct a fair and impartial hearing.

26 Ill. Adm. Code 150.75 Disqualification of Hearing Examiner

Any party to a hearing may file a written request for disqualification of the hearing examiner, setting forth the nature of the personal bias, prejudice, or other grounds for disqualification. The request shall be made to the General Counsel who will make the decision as to whether the hearing examiner should be disqualified. When a hearing examiner is disqualified, or it becomes impractical for him or her to continue, another hearing examiner shall be appointed in the same manner as provided for the initial appointment. A hearing examiner may at any time voluntarily disqualify himself or herself. A request for disqualification made by a party shall be considered timely if made within 10 business days after the dispatch of the notice of the appointment of the hearing examiner and, if received by the General Counsel pursuant to Section 150.35, at least five business days prior to the commencement of the hearing.

26 Ill. Adm. Code 150.80 Motions

Unless otherwise directed by the hearing examiner, motions shall be in writing and submitted to the hearing examiner and the adverse party prior to the hearing, pursuant to Section 150.35. Where the Board is conducting a hearing to determine the final disposition of the complaint, motions shall be received as directed by the Board.

26 Ill. Adm. Code 150.85 Consolidation and Severance of Claims: Additional Parties

In the interest of convenience and the expeditious and complete determination of claims, the hearing examiner or the Board may consolidate or sever complaints involving any number of parties.

26 Ill. Adm. Code 150.90 Amendments

Complaints may be amended under any of the following circumstances:

a) at the request of the General Counsel following the preliminary review referred to in Section 150.30(a);

b) to correct any technical defects;

c) to conform to the evidence presented at the hearing;

d) to conform to new matters that arise at the hearing if it appears from the original and amended complaint that the cause of action asserted in the amended complaint grew out of the same transaction or occurrence.

26 Ill. Adm. Code 150.95 Pre-Hearing Conferences

a) At the request of the hearing examiner or either party and prior to the hearing, the hearing examiner may direct the parties or their attorneys to appear at a specified time and place for a conference, for the purposes listed in this subsection (a). The purposes for these conferences shall include:

1. the simplification of issues;

2. the necessity or desirability of amending the complaint;

3. the possibility of stipulations of fact;

4. the limitation of the number of witnesses;

5. and other matters that may aid in the simplification of the evidence and disposition of the proceeding.

b) In exercising discretion, the hearing examiner shall give due consideration to the time requirements of Section 150.30(f).

26 Ill. Adm. Code 150.98 Notice of Hearing

The hearing examiner shall provide written notice to the parties not less than 10 business days prior to the hearing. The notice shall include the date, time and location of the hearing and be sent via fax and certified mail with a requested return receipt.

26 Ill. Adm. Code 150.100 Settlement Pursuant to Conference

At any time prior to or during the hearing, an opportunity shall be afforded all parties to dispose of the case by written stipulation, agreed settlement or consent order, unless otherwise precluded by law. Any stipulation, agreed settlement, or consent order shall be submitted in writing to the Board and shall become effective only if approved by the Board.

26 Ill. Adm. Code 150.105 Continuances

A hearing may be continued for good cause by the hearing examiner upon his own motion or upon motion of a party to the hearing after due consideration of any time limitations required by law or by this Part. Notice of any postponement or continuance shall be given to all parties at least 3 business days in advance of the previously scheduled hearing date, pursuant to Section 150.35. All parties involved in a hearing shall attempt to avoid undue delay caused by repetitive continuances so that the hearing may be resolved expeditiously. Any undue delay, caused by either party may be grounds for assignment of alternative dispute resolution service costs to that party, pursuant to Section 150.145.

26 Ill. Adm. Code 150.110 Failure of Party to Appear

Failure of the respondent to appear on the date set for a hearing shall not deter the hearing from proceeding unless the hearing examiner shall, for good cause, order a continuance. Failure of the complainant to appear on the date set for hearing without good cause shown shall be grounds for dismissal of the complaint for want of prosecution.

26 Ill. Adm. Code 150.115 Evidence

The hearing is an inquiry to elicit evidence on the question of whether the complaint is sufficiently grounded in fact and law.

a) Except with respect to matters of privilege, the rules of evidence as applied in civil cases in courts of this State shall not be strictly applied to hearings under this Part. Admissibility of evidence shall be liberally interpreted in order to present all matters that are or may be relevant to the issues affecting the parties. Hearsay evidence shall be admissible if deemed to be reliable and trustworthy by the hearing examiner.

b) The hearing examiner shall exclude immaterial, irrelevant and repetitious evidence.

c) A party may conduct direct examinations or cross-examinations without rigid adherence to formal rules of evidence, provided the examination or cross-examination can be shown to be necessary and pertinent to a full and fair disclosure of the subject matters of the hearing.

d) Any person offering evidence, written or oral, shall affirm to the hearing examiner that his or her evidence is true to the best of his or her information and belief.

e) The hearing examiner may admit and rely upon, for his or her recommendation, evidence or information of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.

f) Evidence may be submitted in narrative form.

26 Ill. Adm. Code 150.120 Official Notice

Notice may be taken of matters of which the circuit courts of this State may take judicial notice. In addition, notice may be taken of generally recognized technical or scientific facts within the Board's specialized knowledge. The Board's experience, technical competence and specialized knowledge may be utilized in the evaluation of any evidence submitted by the parties.

26 Ill. Adm. Code 150.125 Subpoenas

a) Pursuant to Article 10 of the Illinois Administrative Procedure Act and Section 9-18 of the Election Code, and upon application to the hearing examiner by any party, or upon the request of the hearing examiner, the Board may authorize the General Counsel to issue a subpoena for attendance at the hearing, which may include a command to produce documents or other tangible things designated in the subpoena that are reasonably necessary to resolution of the matter under consideration. The hearing examiner, upon motion, and in any event at or before the time specified in the subpoena for compliance, may quash or modify the subpoena if it is unreasonable or oppressive.

b) Every subpoena shall state the title of the action and shall command each person to whom it is directed:

1. to attend and give testimony at the time and place specified; or

2. to produce books, papers, documents or tangible things designated at the time and place specified in the subpoena. The subpoena in this instance may provide that personal attendance is not required.

c) The party requesting the issuance of a subpoena compelling personal attendance shall tender with the subpoena a check reimbursing the witness for the round trip cost of travel between the witness's place of residence and the place where his or her presence is requested. Reimbursement shall be equal to that provided by the Governor's Travel Board for reimbursement of State employees traveling on official State business.

26 Ill. Adm. Code 150.130 Order of Proceeding, Record, Recommendation and Notice

a) The complainant shall present his or her case first unless the hearing examiner concludes that overall fairness demands a different order or the parties consent to a different order of presentation, approved by the hearing examiner.

b) At the close of the hearing, the hearing examiner shall summarize his or her conclusions concerning the evidence and information presented and draft a recommendation to the Board addressing the question of whether the complaint is sufficiently grounded in fact and law. The hearing examiner shall include any documents tendered to him or her during the hearing and submit them with the recommendation to the General Counsel for his or her consideration. The General Counsel shall then present the recommendation and accompanying documentation to the Board for its final determination.

c) The official record of a hearing shall consist of the transcript (or tape recording of the proceedings), copies of any motions submitted, documentary evidence, copies of all notices and the recommendation of the hearing examiner and General Counsel.

d) The State Board of Elections shall provide written notice to the parties not less than seven business days prior to the meeting of the State Board of Elections at which the complaint will be presented for final Board disposition. The notice shall include the time, date and location of the meeting and be sent via fax and certified mail with a requested return receipt.

26 Ill. Adm. Code 150.135 Responsibilities of the General Counsel

a) Upon receipt of a copy of the recommendation of the hearing examiner, the General Counsel shall:

1. Review the recommendation of the hearing examiner, the transcript of the proceedings, and all admitted evidence to determine whether the facts support the recommendation and whether questions of law have been properly applied;

2. Indicate in writing whether he or she concurs with the recommendation of the hearing examiner and, if not, state the reasons for the nonconcurrence; and

3. Transmit his or her remarks and recommendation to the Board within a reasonable time prior to the meeting at which the matter will be addressed by the Board.

b) If the Chairman of the Board determines that circumstances exist that would make it impossible for the General Counsel to provide a written recommendation to the Board, the recommendation may be given orally. For purposes of making the official record complete, the General Counsel shall, within three business days of giving his oral recommendation, create a written recommendation setting forth the same analysis and reasoning as that contained in the oral recommendation. The written recommendation shall be sent to the parties pursuant to Section 150.35.

26 Ill. Adm. Code 150.140 Board Determination

a) After the submission of the recommendation of the hearing examiner, the transcript (if requested by the Board), and the recommendation of the General Counsel, the Board shall make a final determination of whether the complaint was sufficiently grounded in fact and law and the determination shall be set forth in the form of a Board Order. If the Board determines that the complaint was sufficiently grounded in fact and law, the Board shall, in its order, take whatever action it is authorized under federal or State law and deems appropriate under the circumstances to correct the matter complained of and shall provide a timeframe in which its order must be complied with and the consequences of failure to comply. If the Board determines that the complaint is not sufficiently grounded in fact and law, and does not allege a violation of Title III of the Act, then the Board shall dismiss the complaint or refer it to the proper agency or department for consideration. Regardless of the Board's disposition of the matter, the Board shall issue a written final order, subject to the Administrative Review Law, within the parameters of Sections 9-22, 10-10.01 and 17-33 of the Election.

b) The Board may consider and discuss the hearing examiner's recommendation through a conference telephone call begun in open session and continued in executive session in lieu of an in-person meeting. The consideration and discussion shall be deemed part of the hearing process. Any action on the hearing examiner's recommendations must be taken in open session, or if taken as part of the telephonic conference call, that portion of the conference call shall be broadcast over a speaker phone or other similar device at the permanent and branch offices of the Board and that portion of the broadcast call shall be open to the media and public.

c) All final orders shall be posted on the State Board of Elections website. In addition, copies of the orders shall be given to the parties and be made available to the public.

26 Ill. Adm. Code 150.145 Alternative Dispute Resolution

If the State Board of Elections fails to resolve the complaint within 90 days after its filing, or the parties refuse to waive the 90 day deadline, the Board shall select a person, company or association providing dispute resolution services ("the service provider") to resolve the matter. If the parties object to the Board's selection, they shall be provided an opportunity to select a service provider and their selection shall then be presented to the Board. The Board shall select the service provider in consultation with the parties. If the Board and the parties fail to agree on the choice of the service provider, the names of the selections shall be placed in a container and the service provider shall be determined by lot, drawn by the Chairman of the Board. In all circumstances, the service provider shall have at least two years experience in providing mediation services in Illinois. Pursuant to section 402(a)(I) of HAVA, the matter shall be resolved within 60 days after its referral and this time limitation shall be included in any contract for the provision of alternative dispute resolution services. Costs of the service shall be borne by the Board. The record from any hearing conducted under this Part shall be made available for use by the service provider to have costs of the services shifted to either party. The decision of the service provider shall be subject to judicial review. The Board may petition the service provider to have the costs of the services shifted to either party. The petition shall set forth facts warranting the shifting of costs and must show, at a minimum, that a determination was made by the service provider that the complaint was completely lacking any basis in fact or law, or unreasonable delay caused by the party resulted in the matter not being resolved by the Board within the original 90-day time period.

History

• Source: Amended at 40 Ill. Reg. 1953, effective January 5, 2016

Part 201 Established Political Party Nominating Petitions

26 Ill. Adm. Code 201.10 Filing Times at the Office of the State Board of Elections

a) All petitions for nomination to political party office required by law to be filed with the State Board of Elections relating to offices to be filled or for which party nominations are to be made at the general Primary Election shall be filed at the principal office of the State Board of Elections at 2329 S. MacArthur Boulevard, Springfield, Illinois 62704.

b) During the statutory filing period, petitions will be received at the principal office of the State Board of Elections from 8:00 a.m. until 5:00 p.m., Monday through Friday. No nominating petitions will be accepted after 5:00 p.m.

History

• Source: Amended at 40 Ill. Reg. 8812, effective June 20, 2016

26 Ill. Adm. Code 201.20 Determination of Nominating Petition's Official Time of Filing

All nominating petitions received in the office of the State Board of Elections shall be deemed to have been filed in the following order:

a) Petitions received in the first regular mail delivery on the first day of filing shall be deemed filed as of 8:00 a.m. that date;

b) All petitions filed by persons waiting in line as of 8:00 a.m. on the first day of filing shall be deemed filed as of 8:00 a.m. that date;

c) Petitions filed in the office of the State Board of Elections thereafter shall be deemed to be filed as of the time they are actually received by the State Board of Elections.

History

• Source: Amended at 40 Ill. Reg. 8812, effective June 20, 2016

26 Ill. Adm. Code 201.30 Filing Times for Objections and Withdrawals

a) Objections to or withdrawals of nominating petitions filed with the State Board of Elections shall be received either in the principal office of the State Board of Elections in Springfield or at the permanent branch office at 100 West Randolph, Suite 14-100, Chicago, Illinois 60601 within five business days after the last day of the statutory period during which those petitions for nomination shall be filed.

b) During the statutory period in which objections and withdrawals shall be filed, objections and withdrawals will be received at the offices of the State Board of Elections from 8:00 a.m. until 5:00 p.m., Monday through Friday. No objections or withdrawals will be accepted after 5:00 p.m.

History

• Source: Amended at 40 Ill. Reg. 8812, effective June 20, 2016

26 Ill. Adm. Code 201.40 Simultaneous Filings for the Same Office – Lottery

Simultaneous filings of candidate nominating petitions for the same office occur only at 8:00 a.m. on the first day of filing, and in the last hour of filing on the last day of filing. The lottery system to be used by the State Board of Elections, the election authority, or the local election official to break ties resulting from simultaneous filings must be approved by the State Board of Elections. The following system has been so approved:

a) The names of all candidates who filed simultaneously for the same office shall be listed alphabetically and shall be numbered consecutively commencing with the number one, which shall be assigned to the candidate whose name is listed first on the alphabetical list; provided, however, that candidates filing a group petition for the same office shall be treated as one in the alphabetical listing using the name of the first candidate for that office to appear on the petitions as the name to be included in the alphabetical list. For example, if five candidates by the name of Downs, Brown, Edwards, Cook and Adams have filed simultaneously, they will be arranged alphabetically and assigned numbers as follows: Adams, one; Brown, two; Cook, three; Downs, four; and Edwards, five. However, if Cook and Adams filed a group petition and Cook's name appeared first on the petition, then the candidates would be arranged as follows: Brown, one; Cook and Adams, two; Downs, three; and Edwards, four.

b) All ties will be broken by a single drawing. A number shall be placed in a container representing each number assigned to each candidate and group of candidates pursuant to the alphabetical listing procedure set forth in subsection (a). For example, if the largest number to be used for any office is five, then numbers one, two, three, four and five will be placed in a container. In this manner, sufficient numbers will be placed in the container to conduct a drawing for all offices at the same time.

c) After the numbers are placed in the container they shall be drawn one at a time from the container after they have been thoroughly shaken and mixed. The candidate or group of candidates in the position on an alphabetical list corresponding to the first number drawn shall be certified ahead of the other candidates listed on the alphabetical list. The candidate or group of candidates in the position on the alphabetical list corresponding to the second number drawn will be certified second, and so forth until all numbers have been drawn. For example, when no group petitions were filed, if candidates Adams, Brown, Cook, Downs and Edwards filed simultaneously at 8:00 a.m. on the first day of filing, and the number three is the first drawn, then candidate Cook, who is listed in the third position on the alphabetical list, shall be certified first on the ballot. If the number one is drawn second, then candidate Adams, who is listed in the first position on the alphabetical list, shall be certified second on the ballot, and so on. For offices for which group petitions were filed, using the example set forth in this subsection (c) in which candidates Cook and Adams file a group petition for the same office, and Cook's name appears first on the petition, and number three is drawn first, then candidate Downs would be listed first. If the number two is drawn second, then candidates Cook and Adams would be certified second and third, respectively. If the number four is drawn third, then candidate Edwards would be certified fourth, and so on. In districts with fewer names on the alphabetical list than are in the drawing, then all numbers in excess of the number of candidates or group of candidates that appear on the particular alphabetical list shall be disregarded. Thus, if five numbers are placed in the container, and only four candidates or groups of candidates are on a particular list, then the number five shall be disregarded. For example, if candidates Adams and Cook, filing separate petitions, are the only candidates listed on the alphabetical list and five numbers are chosen in the following order, 3, 5, 4, 2 and 1, then candidate Cook's name will appear in the certification prior to the name of candidate Adams. For simultaneous petitions filed in the last hour on the last day of filing, the drawing shall operate in the same manner as outlined in this Section, except that the candidate associated with the first drawn number shall be certified last on the ballot, the candidate associated with the second drawn number shall be certified second to last on the ballot, and so on until all numbers are drawn.

d) All candidates shall be certified in the order in which petitions have been filed with the State Board of Elections, election authority or the local election official. In cases in which candidates have filed simultaneously, they shall be certified (in the order determined by the lottery procedure outlined in this Section) prior to candidates who filed for the same office who filed their petitions at a later time, except in those situations in which the law requires rotation on a district-by-district basis.

History

• Source: Amended at 40 Ill. Reg. 8812, effective June 20, 2016

Part 202 New Political Party and Independent Candidate Nominating Petitions

26 Ill. Adm. Code 202.10 Filing Times at the Office of the State Board of Elections

a) All new political party petitions for the formation of that party and for the nomination of candidates to public office, and all independent candidate petitions, with regard to all General Elections to be held on the first Tuesday after the first Monday in November of even numbered years, shall be filed at the principal office of the State Board of Elections, 2329 S. MacArthur Boulevard, Springfield, Illinois 62704.

b) During the statutory filing period, petitions will be received at the principal office of the State Board of Elections from 8:00 a.m. until 5:00 p.m., Monday through Friday. No nominating petitions will be accepted after 5:00 p.m.

History

• Source: Amended at 40 Ill. Reg. 8818, effective June 20, 2016

26 Ill. Adm. Code 202.20 Determination of Nominating Petition's Official Time of Filing

Petitions for nomination, when received in the principal office of the State Board of Elections, shall be deemed to have been filed in the following order:

a) Petitions received in the first regular mail delivery shall be deemed filed as of 8:00 a.m. that date;

b) All petitions filed by persons waiting in line as of 8:00 a.m. on the first day of filing shall be deemed filed as of 8:00 a.m. that date;

c) Petitions either received in the mail or filed in the principal office of the State Board of Elections thereafter shall be deemed filed as of the time they are actually received by the State Board of Elections.

History

• Source: Amended at 40 Ill. Reg. 8818, effective June 20, 2016

26 Ill. Adm. Code 202.30 Filing Times for Objections and Withdrawals

a) Objections to or withdrawals of the new political party or independent candidate petitions filed with the State Board of Elections shall be received either in the principal office of the State Board of Elections in Springfield or at the permanent branch office at 100 West Randolph, Suite 14-100, Chicago, Illinois 60601 within five business days after the last day of the statutory period during which new political party petitions for formation and nomination of candidates shall be filed.

b) During the statutory period wherein objections and withdrawals shall be filed, objections and withdrawals will be received at the offices of the State Board of Elections from 8:00 a.m. until 5:00 p.m., Monday through Friday. No objections or withdrawals will be accepted after 5:00 p.m.

History

• Source: Amended at 40 Ill. Reg. 8818, effective June 20, 2016

26 Ill. Adm. Code 202.40 Simultaneous Filings for the Same Office –- Lottery

Simultaneous filings of new political party petitions for full slates of candidates occur only at 8:00 a.m. on the first day of filing and in the last hour of filing on the last day of filing. The lottery system to be used by the State Board of Elections, the election authority, or the local election official to break ties resulting from such simultaneous filings must be approved by the State Board of Elections. The following system has been so approved:

a) New political party petitions received shall be classified according to the political subdivision to which they relate. Within each classification, petitions filed simultaneously shall be numbered consecutively commencing with the number one;

b) All ties in new political party filings shall be broken by a single drawing. A number shall be placed in a container representing each number assigned to the new political party petitions. For example, if five petitions are filed simultaneously, then five numbers, one, two, three, four and five shall be placed in the container;

c) After the numbers are placed in the container, they shall be drawn one at a time from the container after being thoroughly shaken and mixed. With respect to simultaneous filings at 8:00 a.m. on the first day of filing, the new political party petition corresponding to the first number drawn shall be certified first and so forth until all numbers are drawn. With respect to simultaneous filings in the last hour of the last day of filing, the new political party petition corresponding to the first number drawn shall be certified last and so forth until all numbers are drawn. No nominating petitions will be accepted after 5 p.m.;

d) All new political parties shall be certified after the established political parties in the order in which petitions have been filed or with regard to simultaneous filings, in the order determined by the lottery procedure outlined in this Section.

History

• Source: Amended at 40 Ill. Reg. 2841, effective January 25, 2016

26 Ill. Adm. Code 202.50 Nominating Petitions Filed with County Clerks (repealed)

History

• Source: Repealed at 40 Ill. Reg. 8818, effective June 20, 2016

Part 203 Independent Candidate Nominations in Certain Municipalities and Townships

26 Ill. Adm. Code 203.10 Independent Candidate Nominating Petition Filing Periods in Certain Municipalities

a) In municipalities, excluding the City of Chicago, not under the commission form of government, with a population of more than 5,000, independent candidates may file their nominating petitions either:

1. At the same time that candidates for party nominations would file their primary petitions – not more than 69 nor less than 59 days prior to the date of the primary election; or

2. during the filing period for independent candidates as if no primary election were to be held – not more than 99 nor less than 64 days prior to the general municipal election.

b) In municipalities not under the commission form of government, with a population of less than 5,000, independent candidates shall file their nominating petitions not more than 99 nor less than 64 days prior to the general municipal election.

26 Ill. Adm. Code 203.20 Independent Candidate Nominating Petition Filing Periods in Certain Townships

In a township of 5,000 or more inhabitants which is coextensive with or included wholly within a municipality not under commission form of municipal government, in a township of more than 7,500 inhabitants which is adjacent to a city of 75,000 or more inhabitants, or in a township not described in either of the above, wherein the township central committee determines that its candidates for township officers shall be nominated by primary election, i.e., in townships where primaries are permitted, independent candidates may file their nominating petitions either:

a) At the same time that candidates for party nominations would file their primary petitions – not more than 69 nor less than 59 days prior to the date of the primary election; or

b) during the filing period for independent candidates as if no primary election were to be held – not more than 99 nor less than 64 days prior to the general township election.

26 Ill. Adm. Code 203.30 Determination of Nominating Petition's Official Time of Filing

Where, pursuant to the provisions of either Regulation 3-1 or 3-2, any petition is filed containing one or more independent candidates, in the time period of not more than 69 nor less than 59 days prior to the date of the primary election, such petition shall be deemed to have been filed as of the opening of the office of the election authority on the first day for filing new political party petitions on the 99th day prior to the general election.

26 Ill. Adm. Code 203.40 Independent Candidate Nominating Petition Filing Periods in Municipalities Conducting Annual Partisan Elections (emergency Expired)

History

• Source: Emergency rule added at 7 Ill. Reg. 16064, effective November 17, 1983, for a maximum of 150 days

Part 204 Approval of Voting Systems

26 Ill. Adm. Code 204.10 General Provisions

Pursuant to Sections 24A-16 and 24A-17 of the Election Code [10 ILCS 5/24A-16 and 24A-17], no voting system shall be used in this State unless approved for use by the State Board of Elections in accordance with this Part.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.20 Definitions

"Applicant" is any individual, public official, public body, trust, partnership, committee, association, corporation, vendor, user or any other organization or group of persons seeking to use or market any voting system or voting system component.

"Commercial Off the Shelf" or "COTS" is any commercial, readily available hardware devices (such as printers or personal computers) or software products (such as operating systems, programming language compilers, or database management systems).

"Computer Code" consists of, but is not limited to, ballot counting source code, table structures, modules (compiled source code), program narratives, installation instructions, operations instructions, data flows, deployment platforms, compatibility considerations for hardware, software and firmware, and any other documentation relevant to the structure and operation of the ballot counting system.

"Preliminary Review" shall consist of a full technical and procedural review of the proposed voting system component and of no more than three different and separate preaudited ballot counting tests created by the Board's staff. The purpose of the review and testing is to determine the proposed system's ability to adhere to ballot management procedures required by statute and rule and to tabulate ballots and report results as prescribed by the Election Code [10 ILCS 5].

"User" is any individual, public official, public body, trust, partnership, committee, association, corporation or any other organization or group of persons owning, using, or contracting for the purchase or use of any voting system or voting system component involved in the election process.

"Vendor" is any individual, trust, partnership, committee, association, corporation or any other organization or group of persons contracting to supply any voting system or voting system component involved in the election process.

"Voting System" or "Electronic Voting System" means that combination of equipment and programs used in the casting, examination and tabulation of ballots and the cumulation and reporting of results by electronic means.

History

• Source: Amended at 33 Ill. Reg. 13937, effective September 16, 2009

26 Ill. Adm. Code 204.30 Jurisdiction Profile

The Board shall develop and maintain for each election jurisdiction a jurisdiction profile that will be used to assess a voting system's capability to be utilized and maintained in the proposed election jurisdiction. The profile shall consist of information such as:

a) Demographic characteristics that shall specify at a minimum the population size, densities, and characteristics.

b) Jurisdiction characteristics that shall specify at a minimum the number of registered voters; geographical size; computer facilities; availability of support functions; polling place locations and facilities; number of precincts; registered voters per precinct; average voter turnout; a record of voting system performance for each election; ratio of voters to machines/devices; type of tabulation activity; ballot size; complexity and configurations; number of qualified parties; number of primaries; number of elections per year; turnaround time between elections; and ballot rotation sequence difference.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.40 Criteria for Approval of Voting Systems

a) A full review of each voting system shall be conducted to ensure that no voting system shall be approved unless it fulfills the following requirements as set forth in Section 24A-16 of the Election Code:

1. It enables a voter to vote in absolute secrecy;

2. It enables a voter to vote a ticket selected in part from the nominees of one party, and in part from the nominees of any or all parties, and in part from independent candidates and in part of candidates whose names are written in by the voter;

3. It enables a voter to vote a written or printed ticket of his own selection for any person for any office for whom he may desire to vote;

4. It will reject all votes for an office or upon a proposition when the voter has cast more votes for such office or upon such proposition than he is entitled to cast;

5. It will accommodate all propositions to be submitted to the voters in the form provided by law or, where no form is provided, then in brief form, not to exceed 75 words.

b) Any review of a voting system shall consist of an evaluation of the characteristics of the system in order to determine what set of characteristics are needed to enable the system to fulfill the requirements set forth in subsection (a), such as:

1. Physical characteristics, including design, engineering, materials and ability to communicate;

2. Software performance, including, to the maximum extent possible, a review of application programs, audit trails of overvotes and undervotes, duplicate programs, object code, source code, support software, data integrity, media security, and multi-programming;

3. Ballot and voting characteristics, such as the capacity of the ballot to contain multiple configurations;

4. Ballot processing characteristics, including the preparation, accurate tabulation for both primary and general election ballots and transportation of ballots;

5. Function and service characteristics, including the interaction and relationship, if any, of non-election related system functions with election related functions;

6. Human performance standards, such as extent of training and degree of manual dexterity needed;

7. Management standards, including setup, maintenance and security procedures.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.50 Application for Approval of Voting Systems

a) In order to obtain Board approval of a voting system, a written application must be made to the Board. The application shall, at a minimum, contain the following:

1. A general description of the proposed system.

2. The description, nomenclature, specifications and intended use or uses of all voting system components comprising the proposed voting system.

3. A description of all contemplated and possible uses of the voting system software components.

4. A description of support services provided for the proposed voting system.

5. Applicant's primary address, telephone number and e-mail address and the names, addresses, e-mail addresses and telephone numbers of individuals and/or corporations who will be responsible for marketing the proposed voting system.

6. The time period in which the applicant has actively engaged in marketing the proposed voting system.

7. A complete list of election jurisdictions currently using the proposed voting system, including the size of the jurisdiction and the names and addresses of the election authorities.

8. A complete list of jurisdictions currently contracting with the applicant for voting system components.

9. A complete list of election jurisdictions in Illinois in which the applicant is seeking to market the proposed voting system.

10. If known, a complete list of election jurisdictions in Illinois in which the applicant proposes to experimentally use the proposed voting system.

b) Application Fee

1. The non-refundable application fee shall be allocated pursuant to the following:

A)

New system approval

$750

B)

Software modification of a previously approved system

$500

C)

Hardware modification of a previously approved system

$250

D)

Hardware modification limited to "Commercial Off the Shelf" hardware for a previously approved system such as printers and personal computers

$100

2. Failure to submit the application fee will cause the application to be incomplete and prevent the approval of the voting system or system modification. No State testing may begin prior to the Board's receipt of the fee and a complete application. Staff will notify the applicant in writing of the receipt of the application and the fee. Any incomplete application or incorrect fee will be returned to the applicant with a request for correction.

c) The Computer Code as defined in Section 204.20 shall be submitted as part of the completed application for approval.

d) No vendor or user shall offer to sell, lease, loan, give or otherwise supply to any user or potential user any voting system or voting system component, and no user shall place in operation any voting system or voting system component, without first submitting to the Illinois State Board of Elections the application for approval identified in subsection (a). A completed application for approval shall be submitted not less than six months prior to any election in which a voting system or support component is proposed for use.

e) Failure to provide the application in accordance with subsection (c) shall result in the denial of any application or request for emergency approval of an electronic voting system that might otherwise be appropriate under Section 204.160 of this Part.

f) The reasonable expenses incurred, except those expenses related to escrow of submitted Computer Code, by the State Board of Elections in conducting the approval process of the voting system shall be borne by the applicant for approval of the voting system or system component. Expenses for which the applicant shall be liable shall be limited to goods and materials necessary for the review process, necessary travel in accord with State travel regulations (80 Ill. Adm. Code 2800), use of contract consultants, and the actual cost of any computer support. Expenses shall be documented and submitted to the applicant at the end of full review prior to interim approval as defined in Section 204.90, and within 10 days after the completion of any testing conducted between interim and final approval as defined in Section 204.100. Payment of the costs shall be made by the applicant within 10 days after receipt. The Board shall not grant interim approval or full approval of a voting system or system component until the applicant has fully satisfied the monetary obligation incurred by the Board during the review process. Reasonable expenses are those customary and usual charges for goods and services of value and quality acceptable in the computer science industry. Board staff shall determine in the first instance what expenses are reasonable, and an applicant who believes that the staff determination is incorrect may ask for review of the determination by the State Board of Elections.

History

• Source: Amended at 33 Ill. Reg. 13937, effective September 16, 2009

26 Ill. Adm. Code 204.55 Provision of the Voting System Computer Code

a) All voting system vendors, whether currently providing an election authority with a voting system already approved by the State Board of Elections, submitting an application for approval of a voting system for the first time, or submitting for approval a modification, update or change in an existing voting system, shall provide to the Board the Computer Code associated with the voting system, to be placed in escrow with the Board. Failure to submit the code by December 1, 2005 or as part of an application for approval shall be cause for withdrawal of the approval subject to Section 204.120 or for rejection of the application for failure to submit a completed application for approval.

b) The Computer Code shall be placed in a safety deposit box located at a secure facility chosen by the State Board of Elections, with access limited to designated staff of the State Board of Elections and those persons specifically authorized by Section 23-15.1 of the Election Code to have access to the code in conjunction with the proceedings of an election contest. The safety deposit box shall at all times contain a log of its current contents. This log shall be a printed copy of an electronic document on file at the State Board of Elections. Access to this document shall be limited to designated staff of the State Board of Elections.

c) To maintain a chain of custody for the Computer Code, a log shall be maintained by the State Board of Elections tracking the whereabouts, handling and movement of any kind of the medium containing the code from the moment it comes into possession of the State Board of Elections until its return to the vendor who submitted it.

1. The log for the Computer Code shall include but not be limited to the following:

A) The name of the vendor submitting the code;

B) the name of the voting system containing the code;

C) whether the submission is for an approved or existing system, a proposed system or a modification of an existing system (if it is a modification of an existing system, the reason for the modification, along with the new version number, shall also be included);

D) the date the code was received, opened and examined by the designated State Board of Elections staff member, along with that staff member's name;

E) the date and initials of the designated staff person who delivered the medium to the safety deposit box; and

F) the date the old version of the Computer Code (if a newer source code is provided) was returned to the vendor.

2. The log shall also list any problems with the Computer Code medium, including but not limited to any non-compliant or unreadable media, along with the date that the medium was returned to the vendor.

3. A separate log shall be created in the event that a Computer Code is required to be copied and delivered to a judge or tribunal overseeing an election contest in which the Computer Code is a subject of the contest. This separate log shall indicate:

A) the date the code was requested and provided;

B) to whom it was provided;

C) the jurisdiction in which the voting system was used;

D) the election that was contested;

E) the name of the judge or tribunal presiding over the case, along with the venue and docket or case number;

F) the date of the order;

G) the date of the return of the Computer Code to the State Board of Elections; and

H) the designated staff persons who were responsible for the copying, delivery and receipt of the affected Computer Code medium.

d) Representatives of the voting system and vendors providing the Computer Code in question shall have access to the logs described in this subsection (c)(3) provided that the representatives make prior arrangements with the SBE in consideration of mutual convenience.

e) In the proceedings of an election contest, access to a vendor's Computer Code is limited to the particular code being used by the voting systems actually utilized in the election being contested and will only be released pursuant to an order of a judge or tribunal hearing the contest. In the event that an order is issued to provide the Computer Code, written notice will be given to the vendor as soon as practicable, but in no case shall it be given less than two business days from the date of receipt of the order by the State Board of Elections. Any authorized recipients of the Computer Code must enter into a nondisclosure agreement with the Board. The Board will provide the agreement to all authorized voting system vendors upon receipt of the code.

f) All Computer Code shall be provided in a medium chosen by the State Board of Elections and shall not be password protected. The Computer Code provided by each vendor shall be accompanied by a list describing what is being provided and, if necessary, instructions detailing the proper method for its reproduction. The list shall include the file names, file types, and file versions, a brief file description, and a reference to the corresponding object or Computer Code files. The vendor shall provide to the Board, at least 60 days prior to an election, a list of the names of all the Illinois election authorities who are using the approved Computer Code and, if more than one is being used in a jurisdiction, the versions being used. The lists required by this subsection shall be updated and submitted to the Board, upon any changes in the users or changes to the Computer Code, within 10 business days after the change, but in no case less than 5 days prior to an election. The Computer Code shall at no time be copied, reproduced, published, divulged or publicly disseminated in any way by the State Board of Elections unless a judge or tribunal overseeing an election contest orders its production.

g) Any staff member of the State Board of Elections who intends to handle or otherwise have access to a vendor's Computer Code required to be provided by Section 23-15.1 of the Election Code must be so designated by the Executive Director of the State Board of Elections.

h) Return of Escrowed Computer Code to Vendor

1. The State Board of Elections shall return all escrowed Computer Code to the vendor when:

A) the Board refuses to grant approval subject to Section 204.110 of this Part; or

B) the Board withdraws approval subject to Section 204.120 of this Part and at least 23 months have elapsed since the last election in which the Computer Code was used to tabulate ballots in the State, if no election contest is pending involving the code.

2. To insure the receipt of the returned escrowed Computer Code by the vendor, the State Board of Elections shall place the code in a suitable envelope or other appropriate container and send it to the vendor by registered mail, return receipt requested. If the code is returned to the State Board of Elections as non-deliverable, or the return of the code to the vendor is otherwise unable to be accomplished, it shall be destroyed by the State Board of Elections in a suitable manner.

History

• Source: Added at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.60 Preliminary Determination and Review of the Proposed Voting Systems

a) Upon the Board's receipt of a completed application requesting approval of a voting system and the appropriate application fee, a preliminary determination shall be made as to whether the proposed voting system has the capability of fulfilling the criteria prescribed in Section 204.40.

b) If the preliminary determination indicates that the proposed voting system appears to fulfill the criteria prescribed in Section 204.40, then the staff of the Board will conduct a preliminary review of the proposed voting system.

c) Insofar as practical, the preliminary review of the proposed voting system will consist of the creation of a pre-audited ballot counting test by the Board's staff that will be delivered to the applicant. The applicant shall tabulate the ballots contained within the pre-audited ballot counting test and generate, at a minimum, individual precinct result total reports and cumulative result total reports that, along with the pre-audited ballot counting test, will be delivered to the Board. The Board's staff shall review the reports submitted by the applicant and submit a preliminary review findings and conclusions report to the Board and the applicant.

d) If the preliminary review report indicates that the proposed voting system appears to demonstrate the capability to fulfill the criteria prescribed in Section 204.40, the staff of the Board shall continue with the full review process to demonstrate satisfactory performance of the proposed voting system as prescribed in Section 204.70. A system fails preliminary review when it fails to fulfill the criteria of Section 204.40 by the conclusion of the third ballot counting test.

e) If the preliminary review report indicates that the proposed system fails to demonstrate the capability to fulfill the criteria prescribed in Section 204.40, the staff of the Board shall cease any further review of the system. Any application for system approval offered by an applicant who has previously failed during the preliminary review or full review process shall not be considered by staff for a period of one year from the date of determination by the Board.

History

• Source: Amended at 33 Ill. Reg. 13937, effective September 16, 2009

26 Ill. Adm. Code 204.70 Full Review Procedures

a) Board staff shall, after giving written notice, make an on-site inspection to review production and testing of equipment and to interview personnel involved in the development of the proposed voting system.

b) Board staff shall prepare and perform a test of the proposed voting system to determine whether the system fulfills the criteria and requirements of Section 204.40. The test shall be conducted under conditions that, to the maximum extent possible, simulate election-day conditions.

c) Board staff shall prepare a profile showing:

1. The past performance experience and reliability of the proposed voting system as demonstrated in other election jurisdictions;

2. The reputation of the vendor's reliability in performing service and maintenance agreements.

d) Board staff shall prepare and submit a report to the Board stating the findings and conclusions of their review of the proposed voting system. A copy of the report shall be transmitted to the applicant.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.75 Review and Verification of Computer Code

The State Board of Elections shall conduct a review in each jurisdiction in which it conducts a test of the vote counting equipment pursuant to Section 207.40 to verify that the Computer Code being utilized by the voting system in that jurisdiction is consistent with the most recent Computer Code submitted by the vendor for use in that jurisdiction. A written record of the review shall be produced and maintained by the State Board of Elections for a period of 2 years following the review.

History

• Source: Added at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.80 Hearing to Consider Staff Review Report

a) The Board shall conduct a hearing to consider the staff's review report.

b) The applicant shall be given 21 days written notice of the date, time and location of the hearing.

c) The Board shall provide the applicant the opportunity to attend the hearing and present any additional evidence or material relevant to the staff review report that would assist the Board in making a preliminary determination, on the basis of the staff review report, as to whether to approve the proposed voting system.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.90 Interim Approval of Voting Systems

a) If the Board, based upon the staff review report or any additional data submitted to it by the applicant pursuant to Section 204.80(c), preliminarily determines that the proposed voting system demonstrates the capability to fulfill all of the requirements set forth in Sections 24A-16 of the Election Code and Section 204.40(a) of this Part, the Board shall approve the use of the system on an interim basis. Approval shall limit the use of the system to specific election jurisdictions or precincts, to specific elections, and to specific procedural functions if the Board determines the limitation to be necessary due to inability of the applicant to furnish system components and/or the ability of the system to address characteristics of the particular elections.

b) Any interim approval granted by the Board shall be for a period not to exceed 2 years.

c) During the interim approval period, the Board staff shall monitor the performance of the proposed voting system and shall, at the expiration of the interim approval period, submit a written report to the Board indicating staff's findings, conclusions, and final recommendations.

d) Within 30 days following the expiration of the interim approval period, the applicant shall submit to the Board a written request for final approval of the proposed voting system. The applicant shall also submit at the same time its own report identifying what problems, if any, were encountered by the proposed voting system during the interim approval period.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.100 Final Approval of Voting Systems

a) The Board, on the basis of the application on file before it, the findings, conclusions and recommendations of the staff, any reports or additional documentation submitted by the applicant, and the demonstrated performance of the proposed voting system during the interim approval period, shall make its determination whether to grant final approval of the proposed voting system for use in one or more election jurisdictions in Illinois.

b) The Board's final approval shall specify, at a minimum, the following:

1. The description, nomenclature, specifications and intended use or uses of all voting system components used in the proposed voting system.

2. Identification, size, and nature of the type of election jurisdiction where the proposed voting system may be employed.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.110 Refusal to Grant Approval of Voting Systems

Whenever the applicant fails to demonstrate, after the preliminary determination, the preliminary review or the full review, that the proposed voting system has the capability to fulfill the criteria prescribed in Section 204.40, the Board shall notify the applicant in writing that the Board will not grant approval of the proposed voting system and that the application is denied. Denial of the application shall prevent the applicant from submitting a new application for approval of the same voting system or system component to the Board within one year from the date of the Board's decision.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.120 Withdrawal of Approval of Voting Systems

a) If, at any time subsequent to the Board's approval or interim approval of a voting system, the Board determines that the approved voting system fails to fulfill the criteria prescribed in Section 204.40, or the vendor failed to submit or use the proper Computer Code or the Computer Code has not been used for at least 23 months to tabulate ballots in an election, the Board shall notify any users or vendors of that particular voting system that the Board's approval of that system is to be withdrawn. The notice shall be in writing, shall specify the reasons why approval of the system is being withdrawn, and shall specify the date on which the withdrawal is to become effective.

b) Any vendor or user of a voting system may request, in writing, that the Board reconsider its decision to withdraw approval of the voting system. Upon receipt of a request, the Board shall hold a public hearing for the purpose of reconsidering the decision to withdraw approval and any interested person shall be given an opportunity to make a presentation either in support of or in opposition to the Board's decision.

c) The Board shall, on the basis of the record before it, either affirm or reverse its decision to withdraw approval. In the alternative, the Board may also order that the voting system be given further review by the Board's staff in accordance with this Part and also, if appropriate, order that the voting system be subject to interim approval as determined by the Board.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.130 Subsequent Modification of Voting Systems

Any modification or change in the description, nomenclature, specifications, characteristics or use of any voting system components that relates to the election process shall constitute a change in the approved voting system and shall require submission and approval of an application and the appropriate application fee, as prescribed in Section 204.50, and submission of the Computer Code for the modification or change. However, modifications or changes that normally occur as a result of the election process, which shall include but not be limited to object code programming, instruction manual revisions, and ballot printing, shall not constitute a modification or change in the approved system.

History

• Source: Amended at 33 Ill. Reg. 13937, effective September 16, 2009

26 Ill. Adm. Code 204.140 Monitoring of Voting Systems

a) The staff of the Board shall have the authority and responsibility to test and monitor the use of approved voting systems to ensure that the system is operating according to specifications. Monitoring shall be conducted at times when the voting system is normally engaged by the election authority.

b) The State Board of Elections may select, on a rotation basis, election jurisdictions in which to order a special test of the automatic tabulating equipment and program prior to any regular election. In addition, the Board may order a special test in any election jurisdiction where, during the preceding 12 months, computer programming errors or other errors in the use of electronic voting systems resulted in vote tabulation errors. Not more than 35 days nor less than 30 days prior to any election, the State Board of Elections shall provide written notice of intent to conduct a test. The selected jurisdictions shall forward to the principal office of the State Board of Elections a copy of all specimen ballots. The Board's tests shall be conducted and completed not less than 2 days prior to the public test. The Board will provide testing materials, will supervise the test, and will cover reasonable costs of computer time required to conduct the special test.

c) Testing may be conducted at other times upon the request of the Board and with the agreement of the election authority.

d) Each election authority shall send to the State Board of Elections written notice of the type of voting system it will use for any regular or special election. The notice shall be on a form prescribed and supplied by the Board and shall include, but not be limited to, the hardware components and respective serial numbers, software vendors, hardware vendors, ballot card/sheet vendor, ballot card type, staff personnel authorized to operate the system, location where system shall operate, and backup support procedures if the system fails. The notice must arrive at the Board at least 45 days prior to any regular or special election. The Board shall supply the election authorities with sufficient copies of the notice form.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.150 Voting Systems in Use on the Effective Date of This Part (repealed)

History

• Source: Repealed at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.160 Emergency Approval of a Voting System

a) The Board shall have the authority, upon written request, to grant emergency approval of a voting system limited to one election. The emergency approval shall specify, at a minimum, the following:

1. The reason for the emergency approval;

2. The description of the voting system prepared for use in the emergency; and

3. The specific election jurisdiction and specific election in that the voting system will be employed.

b) The Board shall approve the application for emergency approval if the following conditions are met:

1. Error-free completion of a staff-prepared ballot tabulation test that demonstrates the system fulfills the provisions of Section 204.40(a);

2. Demonstration that an approved system is not available for use in the election in question; and

3. Demonstration that the requirements specified in Section 204.100(c)(1), (2), and (3) have, to the maximum extent possible, been complied with in connection with this emergency approval.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.170 Jurisdiction of Election Authority Over Voting System's Personnel

All persons, including programmers, systems analysts and machine operators, engaged in the counting of the ballots or in the planning for usage of tabulating or electronic equipment shall be deputized by, and under the jurisdiction of, the county clerk or board of election commissioners, as the case may be.

History

• Source: Amended at 29 Ill. Reg. 13734, effective August 25, 2005

26 Ill. Adm. Code 204.180 Number of Voting Booths

The number of voting booths shall remain under the jurisdiction of the local election authority.

History

• Source: Section 204.180 renumbered from Section 204.40 at 9 Ill. Reg. 10733, effective July 1, 1985

Part 205 Voting for Federal Offices – Voting Rights Act of 1970

26 Ill. Adm. Code 205.10 Voting by Unregistered Absent Illinois Resident for President and Vice-President Only

a) A current Illinois resident, who except for being not registered is otherwise qualified to vote by absentee ballot, may make special application for absentee registration, which shall also serve as an application for an absentee ballot, to vote for President and Vice-President only, as follows:

1. A voter may make such special application for absentee registration/application for absentee ballot, to the election authority which must be received by such election authority on or before 30 days before the election; and

2. The ballot shall include only the offices of President of the United States and Vice-President of the United States.

b) The special application form to be used by the election authority shall be substantially as follows:

SPECIAL ABSENTEE VOTER REGISTRATION AND

ABSENTEE BALLOT APPLICATION

(For Use By Non-Registered Illinois Residents Who Must Apply On Or Before Thirty Days Before The Election, To Vote For President And Vice-President Only.)

AFFIDAVIT

I hereby request an absentee ballot to vote for President and Vice-President only on November , 19 .

I am a citizen of the United States and a permanent resident of Illinois.

I have maintained, and still maintain, a permanent abode in Illinois for the past years at:

(House Number)

(Street)

(City)

(Village)

(Town)

I will not be able to regularly register in person as a voter because

.

(Give reason for temporary absence such as "Student," "Temporary job transfer," changed names, etc.)

I was born

(Month)

(Day)

(Year)

in

.

(State or County)

To be filled in only by a person who is foreign born (If answer is "yes" in either A) or B) below, fill in appropriate information in C)):

A)

One or both of my parents were United States citizens at the time of my birth?

( )

Yes

( )

No

B)

My United States citizenship was derived through an act of the Congress of the United States?

( )

Yes

( )

No

C)

The name of the court issuing papers and the date thereof upon which my United States citizenship was derived is ____________

located in

(City)

(State)

on

(Month)

(Day)

(Year)

(For persons who derived citizenship through papers issued through a parent or spouse, fill in the following:)

My parent's or spouse's name is:

.

(First)

(Middle)

(Last)

(Month)

(Day)

(Year)

is the date of my marriage or my age at which time I derived my citizenship.

I was last registered as a voter in

,

(County)

(State)

or if preceding left blank, this is my first voter registration.

I am not requesting a ballot from any other place and am not voting in any other manner in this election and I have not voted and do not intend to vote in this election at any other address. I request that you mail my ballot to the following address:

PRINT NAME

)

AND

)

COMPLETE

)

MAILING

)

ADDRESS

)

(Signature of person requesting ballot)

(Full Name, Printed or Typed)

Subscribed and sworn to before me on

(Month)

(Day)

(Year)

(Signature of Official Administering Oath)

(SEAL)

(Official Capacity)

Upon receipt of the absentee voter's ballot, the election authority shall, after the polls close, count and tally the ballots and add them to the total votes cast to be included in the official canvass of votes.

26 Ill. Adm. Code 205.20 Voting by Registered Illinois Voter for President and Vice-President Only Who Is Otherwise Disqualified from Voting Because of Move Preceding the Election

All persons regularly registered to vote in the State of Illinois who have moved from their election precinct within or without this state during the 30 days prior to the presidential election, may vote in person no later than the last day preceding the election, at the office of the election authority or make application to vote by mail no later than the fifth day preceding the election.

a) The ballot shall include the office of President of the United States and Vice-President of the United States; and

b) The special voter application form to be used by the election authorities proceeding under paragraph 2 of this regulation shall be substantially as follows:

SPECIAL VOTER APPLICATION

(For Use By Registered Illinois Voters Disqualified For Having Moved Outside The Precinct Within The State Or Outside The State On Or After The Thirtieth Day Preceding The Election, To Vote For President And Vice-President Only.)

This form may be used as an absentee or in-person ballot application.

AFFIDAVIT

I hereby request a ballot to vote for President and Vic-President only on November___, 19__.

I am a citizen of the United States; my present address is:

(House Number)

(Street)

(City

(Village)

(Town)

I moved on or after October___, 19___, and my moving date was: Month__________ Day____, 19___.

As of October___, 19__, I was a registered voter at

(House Number)

(Street)

(City)

(County)

(State)

I am not requesting a ballot from any other place and am not voting in any other manner in this election and I will not vote in this election at any other address.

If absentee request, I request that you mail my ballot to the following address:

PRINT NAME

)

AND

)

COMPLETE

)

MAILING

)

ADDRESS

)

(Signature of person requesting ballot)

(Full Name, Printed or Typed)

Subscribed and sworn to before me on

(Month)

(Day)

(Year)

(Signature of Official Administering Oath)

(SEAL)

(Official Capacity)

Upon receipt of the absentee voter's ballot, the election authority shall, after the polls close, count and tally the ballots and add them to the total votes cast to be included in the official canvass of votes.

Part 206 Pollwatchers

26 Ill. Adm. Code 206.10 Credential Issuance and General Rights – Township Primary and General Elections

a) This regulation pertains only to municipal and township primary and general elections.

b) For such elections, challengers and watchers shall hereinafter be classified as "pollwatchers."

c) All pollwatchers' credentials, whether for candidates, political parties, civic organizations, or proponent or opponent proposition groups shall be printed in sufficient quantities and be issued under the facsimile signature of the appropriate election authority to such candidates, political parties, civic organizations and proponent and opponent proposition groups, upon their request. Only in those instances where the request is clearly unreasonable shall the election authority limit the distribution of credentials to the requesting individuals.

d) All credentials shall be authorized under the real or facsimile signature of the following person:

1. The candidate who has authorized the pollwatcher shall sign the credentials for that candidate pollwatcher.

2. The chairman of the appropriate political party organization shall sign the credentials for political party watchers.

3. The chairman or presiding officer of the civic organization shall sign the credentials for civic organization pollwatchers.

4. The chairman of the proponent or opponent proposition group or committee shall sign the credentials for proponent or opponent proposition groups.

e) Such authorizing signatures shall appear on the face of the credential. Additionally, the pollwatcher shall affix his or her signature on the face thereof, the precinct or ward in which he resides and the county in which he is registered as a voter.

f) Pollwatchers must present their credentials to the Judges of Election upon entering the polling place. Pollwatcher credentials properly executed and signed shall be proof of the qualifications of the pollwatcher authorized thereby. Such credentials are retained by the judges and returned to the election authority at the end of the day with the other election materials. Once a pollwatcher has surrendered a valid credential, he may leave and re-enter the polling place provided that such continuing action does not disrupt the conduct of the election. After the polls have closed, pollwatchers shall be allowed to remain until the canvass of votes is completed; but may leave and re-enter only in cases of necessity, provided that such action is not so continuous as to disrupt the canvass of votes.

History

• Source: Amended at 3 Ill. Reg. 33, p. 396, effective August 17, 1979

26 Ill. Adm. Code 206.30 Qualifications and Allowable Number for School Districts and Community College District Elections

a) For school district or community college district elections, challengers and watchers shall hereinafter be classified as "pollwatchers."

b) The qualifications and allowable number of pollwatchers for such elections shall be:

1. SCHOOL DISTRICTS

A) Candidates are permitted two pollwatchers per precinct. Such pollwatchers must be registered as voters in the school district in which they are pollwatching.

B) Organized proponents of a ballot proposition are entitled to two pollwatchers per precinct. Organized opponents of a ballot proposition are entitled to two pollwatchers per precinct. Such proponent and opponent organizations must be registered with the election authority. Such proponent and opponent pollwatchers must be registered as voters in the school district in which they are pollwatchers.

C) A qualified civic organization, which has among its purposes the investigation or prosecution of election fraud, is entitled to one pollwatcher per precinct. Such qualified civic organizations must be registered with the election authority. Such pollwatcher must be registered as a voter in the school district in which he is pollwatching.

2. COMMUNITY COLLEGE DISTRICTS

A) Candidates are permitted two pollwatchers per precinct. Such pollwatchers must be registered as voters in the community college district in which they are pollwatching.

B) Organized proponents of a ballot proposition are entitled to two pollwatchers per precinct. Organized opponents of a ballot proposition are entitled to two pollwatchers per precinct. Such proponent and opponent organizations must be registered with the election authority. Such proponent and opponent pollwatchers must be registered as voters in the community college district in which they are pollwatchers.

History

• Source: Amended at 3 Ill. Reg. 33, p. 396, effective August 17, 1979

26 Ill. Adm. Code 206.40 Qualifications and Allowable Number for Park District Elections

a) For park district general elections, challengers and watchers shall hereinafter be classified as "pollwatchers."

b) The qualifications and allowable number of pollwatchers for a park district election shall be:

1. Candidates are permitted two pollwatchers per precinct. Such pollwatchers must be registered as voters as required by the Election Code in the park district in which they are pollwatching.

2. A qualified civic organization, which has among its purposes the investigation or prosecution of election fraud, is entitled to one pollwatcher per precinct. Such pollwatcher must be registered as a voter as required by the Election Code in the park district in which he is pollwatching.

3. Organized proponents of a ballot proposition are entitled to one pollwatcher per precinct. Organized opponents of a ballot proposition are entitled to one pollwatcher per precinct. Such proponent and opponent organizations must be registered with the election authority. Such proponent and opponent pollwatchers must be registered as voters as required by the Election Code in the park district in which they are pollwatchers.

Part 207 Miscellaneous

26 Ill. Adm. Code 207.10 Failure to Nominate Candidate

Where an established political party and/or the members thereof fail to nominate a candidate for any office provided for in Article 7 of "The Election Code," this vacancy in nomination may be filled by the proper party committee of the political party, except candidates for Judicial office.

History

• Source: Amended at 6 Ill. Reg. 8976, effective July 12, 1982

26 Ill. Adm. Code 207.20 Notice of Primary Election – County of 500,000 or More

a) In counties with a population of 500,000 or more, there shall be no requirement to post a notice of primary as provided in the Election Code (Ill. Rev. Stat. 1979, ch. 46, Article 7-15).

b) This regulation shall not be construed as dispensing with the requirement to publish a notice of primary as provided in the Election Code (Ill. Rev. Stat. 1979, ch. 46, Article 7-15).

26 Ill. Adm. Code 207.30 Document Copying Fees

As reimbursement of actual costs, the State Board of Elections shall be paid as follows:

a) For copies of any document, instrument or paper when the page to be copied does not exceed legal size (8½ inches wide and 14 inches long), where the fees and charges thereof are not otherwise fixed by law, 50 cents per page and $2 for the certification with seal; and

b) For copies of any document, instrument or paper when the page to be copied exceeds legal size (8½ inches wide and 14 inches long), where the fees and charges thereof are not otherwise fixed by law, $1 per page, or any portion thereof, and $2 for the certification with seal.

26 Ill. Adm. Code 207.40 County Clerk Notification to State Board of Elections of Certain Filings for Office

All county clerks, shall, by certified mail, at least 91 days prior to the General Election, notify the State Board of Elections of all nominations of independent candidates for the office of congressman, state senator and representative in the General Assembly, which have been filed with the said county clerk and are to appear on the General Election Ballot.

26 Ill. Adm. Code 207.50 Deputy Registrars; Definition of Bonafide State Civic Organization

a) For the purpose of determining eligibility for appointment as a deputy registrar pursuant to Sections 4-6.2, 5-16.2 and 6-50.2 of The Election Code (Ill. Rev. Stat. 1983, ch. 46 pars. 1-1 et seq.), a "bonafide State Civic organization" is defined to mean any corporation, unincorporated association or organization which,

1. as part or its written articles of incorporation, by-laws, charter, or by separate written declaration, has among its stated purposes the promotion of civic, patriotic or political goals, including the promotion of free and equal elections and the encouragement of political responsibility through informed and active participation of citizens in government;

2. is organized or conducts its activities primarily within the State of Illinois;

3. is organized on a not-for-profit basis;

4. continuously maintains an office or business location within the State of Illinois, together with a current listed telephone number (post office box numbers will not be acceptable); and

5. files with the State Board of Elections not less than 90 days before the next ensuing election for which the organization seeks to accept registrations a written application, verified by oath, which contains the following:

A) a statement that the organization has an interest in accepting registration of qualified persons in Illinois and wishes to have its officers and/or members appointed as deputy registrars for that purpose;

B) a description of the organization's qualifications to be designed as a bonafide State civic organization for the purpose of having its officers and/or members appointed as deputy registrars, including a copy of the organization's written articles of incorporation, by-laws, charter or separate written declaration;

C) a list, including street addresses (no post office box numbers will be accepted) and listed telephone numbers, of the organization's offices within the State from which the organization conducts it transactions;

D) a list of the names, street addresses (no post office box numbers will be accepted) and listed telephone numbers of each of the principal officers of the organization;

E) in the case of a parent organization which is also seeking the certification of any of its local chapters or affiliates, a list of the names, street addresses (no post office box numbers will be accepted) and listed telephone numbers of each local chapter, affiliate or subsidiary of the parent organization for which it is seeking certification, including the names and addresses of the principal officer or officers of such local chapter, affiliate or subsidiary.

b) Any corporation, unincorporated association or organization which fulfills the requirements of paragraphs (a)(1) through (a)(5) of this Rules shall be issued, within 7 days of the receipt of application, a certificate by the State Board of Elections certifying that the organization is, for purposes of Sections 4-6.2, 5-16.2 and 6-50.2 of The Election Code, a bona fide State civic organization.

c) If, the State Board of Elections determines that any corporation, unincorporated association or organization that is seeking certification as a bona fide State civic organization fails to fulfill any of the requirements of paragraphs (a)(1) through (a)(5) of this Section, the Board shall notify such corporation, unincorporated association or organization in writing that it is not a bona fide State civic organization and such notice shall specify the reason for such determination.

d) Any corporation, unincorporated association or organization that has been notified pursuant to paragraph (c) that it is not a bona fide State civic organization may request in writing that the State Board of Elections reconsider its determination. Upon receipt of such a written request, the Board, at its next regular or special meeting, shall conduct a public hearing in accordance with Subpart C, Part 125, Practice and Procedure, to reconsider its earlier determination. The corporation, unincorporated association or organization requesting such reconsideration shall be notified of the public hearing and shall be given an opportunity to appear and to present such additional evidence or argument which would tend to establish its eligibility under paragraph (a) as a bona fide State civic organization. The Board may request that the corporation, unincorporated association or organization provide additional data in support of its application for certification, such additional data shall be requested whenever the Board determines that such data will assist it in making an informed determination. Upon reconsideration, the Board shall make a determination, using the same standards as it did in making a Subpart (b) determination, whether the corporation, unincorporated association or organization is a bona fide State civic organization. The Board shall admit any evidence presented which supports or refutes the corporation's unincorporated associations' or organization's position that it meets the definition of bona fide State civic organization, unless such evidence is unduly repetitive. Such determination shall be in writing and shall state the findings of the Board.

e) In the event that the State Board of Elections determines that a corporation, unincorporated association or organization which has been issued a certificate pursuant to the provisions of paragraph (b) no longer fulfills the requirements of Subsection (a)(1) through (a)(5) and is no longer a bona fide State civic organization, the Board shall notify such corporation, unincorporated association or organization that its certificate is being suspended pending a public hearing on the question of whether the certificate should be revoked. Such notice shall be in writing, shall specify the reasons for the proposed revocation, and shall notify the corporation, unincorporated association or organization that it has the opportunity to appear at the public hearing and to present evidence and argument why the certificate should not be revoked. Following the public hearing, the Board shall make its determination whether to revoke the certificate. Such determination shall be in writing and shall state the findings of the Board.

History

• Source: Added at 8 Ill. Reg. 21615, effective October 22, 1984

26 Ill. Adm. Code 207.60 Chad Removal

a) Chad is that portion of a ballot card which has been dislodged or partly dislodged from the ballot card by a voter when recording a vote.

b) Chad shall be removed from ballot cards prior to their processing and tabulation in election jurisdictions which utilize a ballot card as a means of recording votes at an election. Election jurisdictions which utilize a mechanical means or device for chad removal as a component of their tabulation equipment shall use such means or device for chad removal.

History

• Source: Added at 8 Ill. Reg. 24560, effective December 6, 1984

26 Ill. Adm. Code 207.70 Post Tabulation Testing

a) The post-tabulation test of electronic voting systems required by Section 24A-9 of the Election Code (Ill. Rev. Stat., 1985, ch. 46, par. 24A-9) shall be performed using the same equipment which was used to perform the actual tabulation of votes. The term "same equipment" means the actual electronic and mechanical mechanisms and the actual disk, diskette, chip, tape, or other medium upon which the tabulation program is written, which were used in the tabulation of votes.

b) In cases where any component of an electronic voting system has been replaced during tabulation of votes and has been subjected to the tests required by the Election Code when components must be so replaced, the electronic voting system equipment in use for the tabulation of the last ballot tabulated shall be the electronic voting system used for the post tabulation test.

c) This rule shall not apply to jurisdictions where official tabulation of ballots is performed in the precinct, nor shall it apply for five years from the adoption of this rule to election jurisdictions which employ as of the date of adoption of this rule, and were employing as of January 1, 1983, any electronic voting system which, because of its design, is not technically capable of compliance with subsection (a) of this rule, provided that the five-year exemption provided in this subsection of this rule will cease if, within the five-year exemption use calls for exemption, ceases to be used by the jurisdiction.

History

• Source: Added 11 Ill. Reg. 18660, effective October 30, 1987

26 Ill. Adm. Code 207.80 Notation of Straight Party Tickets and of Overvotes and Undervotes by Electronic Voting Systems

a) The precinct return produced by an electronic voting system shall report every voted ballot on which the voter has cast a vote for all candidates of one party and no votes for candidates of any other party or for independent candidates as straight party ticket, and shall report all other voted ballots as split tickets.

b) All ballots not voted shall be reported as blank ballots.

c) For the purpose of subsections (a) and (b) of this Section 207.80, a voted ballot is a ballot card otherwise countable under the Election Code now or as hereafter amended which contains at least one (1) punched voting position.

d) The precinct return used by an electronic voting system shall produce an accurate report of all overvotes and undervotes.

e) For the purpose of subsection (a) of this Section an undervote occurs each time a voter fails or omits to cast a vote for each candidate or proposition for which he is entitled to cast a vote.

f) For the purpose of subsection (d) of this Section an overvote occurs each time a voter casts more votes than he is entitled to cast for an office or a proposition.

History

• Source: Added 11 Ill. Reg. 18660, effective October 30, 1987

26 Ill. Adm. Code 207.90 Reporting of Errors in Vote Tabulation Where Electronic Voting Systems Are in Use.

a) Each election authority shall verbally and in writing report to the State Board of Elections each instance of apparent failure or malfunction of electronic voting system equipment, either hardware or software, which occurs during any election conducted under the Election Code or during any test of electronic voting systems required by the Election Code.

b) The verbal report required by subsection (a) of this Section shall be made within 48 hours after the failure or error is discovered and shall be made to the senior staff member present at the Division of Voting Systems and Standards at the principal office of the State Board of Elections in Springfield, Illinois, or at the permanent branch office of the State Board of Elections in Chicago, Illinois, between the hours of 9:00 a.m. and 4:30 p.m.

c) The written report required by subsection (a) of this Section shall be made to the Director of the Division of Voting Systems and Standards at the permanent office of the State Board of Elections in Springfield, Illinois within 10 days after the discovery of the failure or error by the election authority. The written report may be in letter form and shall be sufficient if it includes

1. A one or two sentence description of the failure or error;

2. An identification by make and model number of the equipment or program which failed, if any; and

3. The corrective action taken.

4. Additional information concerning the error or failure may be included in the written report by the election authority.

d) The verbal report required by subsection (a) of this Section will be sufficient if it includes a statement that an error or failure has occurred.

History

• Source: Added at 11 Ill. Reg. 18660, effective October 30, 1987

26 Ill. Adm. Code 207.100 Requirements for Operator's Log

a) The operator's log required by Section 24A-13 of the Election Code (Ill. Rev. Stat., 1985, ch. 46, par. 24A-13) shall be kept on and provide the information required by the State Board of Elections form devised for that purpose and incorporated in this Part as Appendix A hereto.

b) The operator's log may be computer-generated so long as it conforms to and provides the information required by this Part and its Appendix A.

History

• Source: Added at 11 Ill. Reg. 18660, effective October 30, 1987

26 Ill. Adm. Code 207.110 Requirements for Voter Information Tapes

a) This Section implements Sections 4-8, 5-7, and 6-35 of the Election Code.

b) Electronic data processing information containing voter registration information required to be furnished by election authorities to the State Board of Elections ("Board") shall be furnished in the format identified in Appendix B of this Part. The physical and logical data structure, as well as form, are part of the format.

c) The following information must be furnished for all registered voters:

1. name;

2. residential address;

3. precinct;

4. ward, if the voter's residence is in a ward;

5. township, if the voter's address is in a county under township organization;

6. county;

7. representative district;

8. legislative district; and

9. congressional district.

d) The following information must be furnished for all voters registered after July 1, 1988, and for all registered voters irrespective of the date of registration, if available:

1. age; and

2. sex.

e) Telephone numbers must be furnished for a voter registered after May 1, 1990, and for all registered voters, irrespective of date of registration, if available.

f) Voter affiliation with an established political party, as such party is defined by Section 7-2 of the Election Code, shall, after December 1990, be furnished for all registered voters who affiliate with an established political party and choose that party's ballot at a general primary election or consolidated primary election. Party affiliation shall be cumulatively reported for a period beginning four years prior to the closing date for the reporting period, to the extent such affiliation data is available. From December 1990 forward, all election jurisdictions shall maintain voter party affiliation data for a four-year period.

g) Election authorities may, but need not, also furnish the registration date, physical impairment indicator, naturalization indicator, social security number, driver's license number, and voting history for elections other than primary elections, for registered voters in the respective jurisdictions.

h) The Board reviews voter registration data submissions furnished by election authorities pursuant to the Election Code and this Section for compliance with the statute and rule. If the submission is compliant with respect to contents and format, the submission will be accepted as of date of receipt by the Board. If the submission is noncompliant, it will be rejected and returned to the submitting election authority.

i) When a submission of voter registration data is determined to be noncompliant, the Board will notify the submitting election authority by first-class certified mail, return receipt requested. The Board will identify the reasons for rejection. The election authority shall have 10 days from the date of receipt of notice of noncompliance, or until the last date allowed by statute for data submission, whichever is later, to furnish a compliant data submission. An election authority may request, within the same time allowed for furnishing a compliant data submission, an extension of time in which to furnish a compliant submission. A request for an extension must be in writing, and will be routinely granted for an additional 20-day period.

j) Data submission must be within the times specified by statute. An election authority that knows it cannot comply with a statutory data submission deadline because of the absence of key personnel or computer malfunction will be granted an additional 20 days beyond the deadline in which to comply, if before the deadline the Board receives the election authority's written request for an extension, citing the grounds for the request. The Board will notify each election authority that fails to make data submission within the time prescribed by statute of its failure to make a timely submission. Notice shall be in writing, by first-class mail, and sent within 10 business days after the data submission is due. The Board will refer to the Illinois Attorney General for compliance enforcement each election authority that has not made a timely and compliant submission within 15 days after the submission was due, including any extensions.

k) Reimbursement will be made at the rates prescribed by statute only once for each semi-annual reporting period and only for compliant data submission. When multiple submissions are required by a Board determination of noncompliance, the election authority will be reimbursed for only the final and compliant submission.

l) Dissemination of data submissions will be to those authorized by statute to purchase them, at the rate of $60 plus $15 for each 150,000 voter files or portion of 150,000 voter files, payable in advance. Each eligible purchaser must, in addition, furnish to the Board blank magnetic tape reels sufficient to transfer the voter registration data requested. Payment must be made from the funds of the eligible purchasers, and not from the funds of third parties on behalf of the eligible purchaser. Money orders, cashier's checks, or treasurer's checks purchased by an eligible purchaser for the purpose of funds transmission are deemed to be the funds of the eligible purchaser. The Board will accept payment made by cash, credit card, money order, cashier's check, treasurer's check, or Automated Clearing House transfer. Personal checks will not be accepted. The purchaser is responsible for the payment of any fees associated with the chosen payment method.

History

• Source: Amended at 50 Ill. Reg. 5198, effective March 27, 2026

Chapter I State Board of Elections

Part 207 Miscellaneous

26 Ill. Adm. Code 207.120 Procedures for Election Night Equipment Failure

a) If a component of an electronic voting system needs to be repaired or replaced during vote tabulation on election night because of a malfunction or failure to operate, or if a sensor of an optical scanning system needs to be adjusted or recalibrated, the election authority shall run the pre-tabulation test required by Section 24A-9 of the Election Code [10 ILCS 5/24A-9] after the item of equipment has been repaired or replaced or the sensor adjusted or recalibrated, as the case may be. Before resuming vote tabulation the election authority shall retabulate the last precinct successfully tabulated before the failure occurred or the adjustment made. If the results of retabulation agree with the results produced when the precinct was originally tabulated, the election authority may resume tabulation of results with the precinct which was being tabulated when the failure occurred or the adjustment made. If the results of the retabulation of the last precinct successfully tabulated do not agree with the results of the original tabulation of that precinct, the election authority shall retabulate successive precincts in reverse order from the precinct which was being tabulated at the time the equipment failure occurred or the adjustment was made until the retabulation for a precinct agrees with the original tabulation for that same precinct. Tabulation of results shall resume with the precinct immediately following in regular order from the precinct for which retabulation agrees with the original tabulation.

b) If for any reason the pre-tabulation test identified in Section 24A-9 [10 ILCS 5/24A-9] of the Election Code is required to be run again on election night after vote tabulating begins it must run accurately the first time, or tabulation shall not continue. If it does not run accurately the first time, it may, in the judgment of the election authority, be rerun until it runs accurately but in such case tabulation shall not be resumed until the election authority has determined what caused the test to run inaccurately the first time. If no cause can be identified the entire electronic voting system must be replaced and successfully tested utilizing the pre-tabulation test before tabulation may be resumed. In such latter case all precincts must be retabulated using the new system.

c) If the post-tabulation test of the electronic voting system required by Section 24A-9 of the Election Code [10 ILCS 5/24A-9] does not run accurately when it is attempted the election authority shall determine the reason for the failure of the post-tabulation test to run accurately. If no reason can be determined, or if the reason is determined to be the mechanical or electronic failure of a component of the system, the entire electronic voting system shall be replaced and successfully tested utilizing the pre-tabulation test and the entire jurisdiction retabulated.

d) No fewer than 15 ballots per ballot style shall be required to constitute any pre-test conducted in satisfaction of the test mandated by Section 24A-9 of the Election Code [10 ILCS 5/24A-9].

History

• Source: Added at 18 Ill. Reg. 14714, effective September 9, 1994

26 Ill. Adm. Code 207.130 Testing Voting Systems

The State Board of Elections shall, whenever possible, conduct the special tests of voting systems authorized by Section 24A-9 of the Election Code [10 ILCS 5/24A-9] on Board's own equipment at its principal office or its permanent branch office, rather than conduct such tests in the field.

a) To facilitate such testing, each supplier or vendor of electronic vote tabulation systems shall, upon written request by the State Board of Elections, provide to the State Board of Elections a current, working copy of software programs which the supplier or vendor provides to the election authorities whose voter systems are to be tested, together with instructions for the installation and use of such programs.

b) Election authorities whose electronic voting systems are to be tested shall, upon written request from the State Board of Elections, provide on the standard electronic medium, and in the appropriate form for the system which is being tested, all ballot configuration data necessary to conduct a test of the vote tabulation system. Where such data changes after the election authority's initial submission of data, the election authority shall amend its submission to reflect those changes.

History

• Source: Added at 18 Ill. Reg. 14714, effective September 9, 1994

26 Ill. Adm. Code 207.140 Certification of Signature Imaging Systems

a) A signature imaging system is a system of computer hardware and software which captures, stores and reproduces an image of a signature from an original document.

b) Except for those signature imaging systems in use by election authorities on November 15, 1996, no signature imaging system may be employed by an election authority unless it is first approved by the State Board of Elections (Board) upon the application of the election authority seeking to employ the system.

c) Each election authority applying to the Board for the certification of a signature imaging system shall make its application in writing and shall represent to the Board that the system it seeks to have certified complies with applicable statutes. Such representation shall be sufficient evidence of compliance for the Board to certify the system.

d) The Board shall, for good cause shown, decertify any system previously certified for use by election authorities.

e) The application, approval, and decertification process shall be in accord with those procedures set out in 26 Ill. Adm. Code 204, Approval of Voting Systems, except that:

1. the election authority shall make the application for certification;

2. signature imaging systems shall not be required to meet the requirements of 26 Ill. Adm. Code 204.40 for interim or final approval, nothing in 26 Ill. Adm. Code 204 to the contrary withstanding;

3. the Board shall accept the representation of the election authority that the system complies with applicable statutes as prima facie evidence that the system does in fact so comply;

4. in the even that the Board determines to test a system in anticipation of decertification, it shall require the election authority to prepare a sample poll list of signature images of voters of the kind intended to be used in the polling place, not to exceed 5% of the precincts in the jurisdiction of the election authority, together with the original documents from which those signature images with the originals; and

5. The Board shall provide not less than thirty (30) days notice to an election authority prior to testing a certified system and shall not decertify a certified system in the thirty (30) days immediately preceding an election.

The Board shall prescribe the form of the application and shall publish and make available to election authorities procedural operation criteria that meet the requirements of applicable statutes.

f) Signature imaging systems which are in actual use or under lease or purchase agreement by election authorities on November 15, 1996 shall be deemed to comply with the requirements of this Section.

History

• Source: Added at 20 Ill. Reg. 2634, effective February 10, 1997

26 Ill. Adm. Code 207.150 Receipt and Dissemination of Absentee Voting Information

a) Sections 19-4 and 20-4 of the Election Code require the election authorities in Illinois to transmit to the State Board of Elections the name, street address, ward or township, and precinct number of every person who:

1. requests an absentee ballot to be voted either in person or by mail;

2. voted early under the provisions of Article 19A of the Election Code; or

3. voted under the provisions of grace period voting contained in Section 4-50, 5-50 or 6-100 of the Election Code.

b) The transmission shall occur within one business day after the public posting of the information in the office of the election authority and the information shall be transmitted electronically, in a standard format prescribed by the State Board of Elections.

c) For persons who vote at a primary election, the State Board of Elections shall request that, in addition to the information specified in subsection (a), the election authorities transmit the type of ballot requested: Democrat, Republican, other established political party, or non-partisan. For all elections in which a voter requests to vote absentee by mail, the request shall include the address to which the absentee ballot is to be sent.

d) Except as provided in subsection (f), the State Board of Elections shall make this information available to State and local political committees registered with the Board on a secure website containing search and download capabilities. To access this information, committees shall request and obtain an account and password from the Board. One password shall be issued to the committee by the Board and it shall be valid for the committee as a whole, regardless of how many officers are serving the committee. Only the chairman or treasurer of the committee, as listed on the committee's most current D-1 Statement of Organization, will be entitled to receive a user ID and password on behalf of the committee.

e) A committee may at any time request that its password issued by the Board be changed or voided entirely. The Board shall, after determining that the request was made by the current chairman or treasurer of the committee as described in subsection (d), change or void the password in accordance with the committee's request.

f) The State Board of Elections shall not make available to any person or political committee the address to which the applicant's absentee ballot is to be sent, if different from the address required by subsection (a). The retention of this information by the Board is for internal tracking purposes only.

g) In compliance with the intent of the General Assembly in enacting Sections 19-4 and 20-4 of the Election Code, the State Board of Elections will create a computer program that will keep a record of which political committees access absentee ballot information through the use of their designated account and password, and how frequently this access is initiated by the committee.

AGENCY NOTE: This Section interprets and applies Sections 19-4 and 20-4 of the Election Code [10 ILCS 5/19-4 and 20-4].

History

• Source: Added at 30 Ill. Reg. 16076, effective September 30, 2006

26 Ill. Adm. Code 207.160 Attendance of Members at Board Meetings Other Than by Physical Presence

Pursuant to the Open Meetings Act [5 ILCS 120], a quorum of Members of the Board must be physically present at the public and accessible location of any meeting of the Board and public notice must be given of such meeting. If a quorum of the Members of the Board is physically present, other Members of the Board may attend the meeting by participating in a video or audio conference, provided that:

a) The Member is prevented from physically attending the meeting by reason of:

1. personal illness or disability;

2. the duties of the Member, in the course of his or her employment or service (either with the State Board of Elections or other employment), prevent the Member from attending the meeting in person; or

3. a family or other emergency; for purposes of this Part, emergency shall be defined as a sudden, generally unexpected occurrence or set of circumstances demanding immediate action.

b) The Member wishing to attend the meeting by participating in a video or audio conference provides advance notice to the recording secretary of the meeting.

History

• Source: Added at 31 Ill. Reg. 7148, effective May 1, 2007

26 Ill. Adm. Code 207.170 Definitions

"Board" means the State Board of Elections created by the Code.

"Code" means the Election Code [10 ILCS 5].

"Contact", as defined in Section 12A-35 of the Code, includes the following means of communication: telephone, electronic mail, facsimile machine and/or United States Postal Service.

History

• Source: Added at 35 Ill. Reg. 19292, effective November 8, 2011

26 Ill. Adm. Code 207.180 Candidate Statement Deadlines

a) The Board shall publish, no later than the 45th day before a General Election in which a statewide candidate appears on the ballot, an Internet Voters' Guide.

b) Notification shall go out to all candidates who have been certified by the State Board of Elections to appear on the General Election ballot that an Internet Voters' Guide will be published.

c) Notification shall be by telephone, electronic mail, facsimile machine and/or United States Postal Service.

d) The Board will issue the notification not later than five business days after certification. In the event that an amended certification has been issued by the Board adding a candidate's name to the ballot and the new certification is issued no later than 55 days prior to the General Election, the five business day notice shall be provided to the new candidate as well. If a previously notified candidate has been removed from the ballot pursuant to an amended certification, that candidate will be notified, within five business days after the issuance of the amended certification, regardless of when the amended certification was issued, that his or her name will not be included in the Guide.

e) No statements or photographs will be accepted for inclusion in the Voters' Guide after 5:00 pm on the 50th day before the General Election.

History

• Source: Added at 35 Ill. Reg. 19292, effective November 8, 2011

26 Ill. Adm. Code 207.APPENDIX A Log for Vote Tabulation

(Equipment Name and Serial Number)

(Date of Election)

(Equipment Name and Serial Number)

(Signature of Operator

(Jurisdiction)

(Signature of Election Authority)

( I )

Pretabulation Test

Begun

Ended

RUN MORE

NUMBER

THAN ONCE

PRECINCT

TIME RUN

OF BALLOTS

(YES/NO)

IF YES, EXPLAIN

Post-tabulation text:

Begun

Ended

(II)

WAS PROGRAM ACCESSED (CHANGED) BETWEEN PUBLIC TEST AND POST TEST? IF YES, WAS THE PROGRAM ACCESSED IN RESPONSE TO A CONSOLE MESSAGE, WHAT WAS THE CONSOLE MESSAGE AND WHAT WAS THE CHANGE, EXPLAN:

Pretabulation Test Rerun Time:

Begun

Ended

(III)

USE THIS SECTION TO REPORT REQUIREMENT REPAIRS OR REPLACEMENTS

TIME OF

TIME BACK

MACHINE

SERIAL NUMBER

MALFUNCTION

IN SERVICE

REPLACED

DESCRIPTION OF MALFUNCTION:

PRETABULATION TEST RERUN

TIME:

BEGUN

ENDED

History

• Source: Amended at 18 Ill. Reg. 14714, effective September 9, 1994

26 Ill. Adm. Code 207.APPENDIX B Vis Format

STATE OF ILLINOIS

STATE BOARD OF ELECTIONS

VOTER INFORMATION SYSTEM

PRESCRIBED FORM

Technical Data

9 Track Magnetic Tape

No Label

EBCDIC

237 Bytes Per Record

1600 bpi or 6250 bpi

20 Records Per Block

DATA ITEM

A/N

LENGTH

FROM POS.

TO POS.

JURISDICTION CODE

N

3

1

3

VOTER IDENTIFICATION CODE

N

8

4

11

JURISDICTION DATA

CONGRESSIONAL DISTRICT

N

2

12

13

LEGISLATIVE DISTRICT

N

2

14

15

REPRESENTATIVE DISTRICT

N

3

16

18

TOWNSHIP CODE

A/N

2

19

20

CITY CODE

A/N

2

21

22

WARD

N

2

23

24

PRECINCT

N

4

25

28

VOTER DATA

REGISTRATION DATE

MONTH

N

2

29

30

DAY

N

2

31

32

YEAR

N

2

33

34

VOTER NAME

LAST NAME

A/N

20

35

54

FIRST NAME

A/N

15

55

69

MIDDLE NAME

A/N

15

70

84

NAME SUFFIX

A/N

3

85

87

VOTER ADDRESS

ADDRESS FORMAT INDICATOR

A/N

1

88

88

FREE FORM STREET

A/N

38

89

126

FORMATTED STREET

HOUSE NUMBER

A/N

5

89

93

HOUSE FRACTION

A/N

1

94

94

STREET DIRECTION

A/N

2

95

96

STREET NAME

A/N

24

97

120

RURAL ADDRESS

RURAL ADDR NAME

A/N

16

97

112

RURAL COORDINATE 1

N

4

113

116

RURAL COORDINATE 2

N

4

117

120

APARTMENT LOT BOX

INDICATOR

A/N

1

121

121

APARTMENT LOT BOX NUMBER

A/N

5

122

126

CITY

A/N

20

127

146

ZIP CODE

N

9

147

155

SEX CODE

A/N

1

156

156

BIRTH DATE

MONTH

N

2

157

158

DAY

N

2

159

160

CENTURY

N

2

161

162

YEAR

N

2

163

164

SOCIAL SECURITY NUMBER

N

9

165

173

DRIVERS LICENSE NUMBER

A/N

12

174

185

TELEPHONE NUMBER

N

10

186

195

REGISTRATION TYPE

A/N

1

196

196

PHYSICAL IMPAIRMENT

A/N

1

197

197

INDICATOR

VOTING HISTORY MATRIX

ELECTION YEAR

(1)

N

2

198

199

ELECTION TYPE

(1,1)

A/N

1

200

200

VOTE INDICATOR

(1,1)

A/N

1

201

201

ELECTION TYPE

(1,2)

A/N

1

202

202

VOTE INDICATOR

(1,2)

A/N

1

203

203

ELECTION TYPE

(1,3)

A/N

1

204

204

VOTE INDICATOR

(1,3)

A/N

1

205

205

ELECTION YEAR

(2)

N

2

206

207

ELECTION TYPE

(2,1)

A/N

1

208

208

VOTE INDICATOR

(2,1)

A/N

1

209

209

ELECTION TYPE

(2,2)

A/N

1

210

210

VOTE INDICATOR

(2,2)

A/N

1

211

211

ELECTION TYPE

(2,3)

A/N

1

212

212

VOTE INDICATOR

(2,3)

A/N

213

213

ELECTION YEAR

(3)

N

2

214

215

ELECTION TYPE

(3,1)

A/N

1

216

216

VOTE INDICATOR

(3,1)

A/N

1

217

217

ELECTIOIN TYPE

(3,2)

A/N

1

218

218

VOTE INDICATOR

(3,2)

A/N

1

219

219

ELECTION TYPE

(3,3)

A/N

1

220

220

VOTE INDICATOR

(3,3)

A/N

1

221

221

ELECTION YEAR

(4)

N

2

222

223

ELECTION TYPE

(4,1)

A/N

1

224

224

VOTE INDICATOR

(4,1)

A/N

1

225

225

ELECTION TYPE

(4,2)

A/N

1

226

226

VOTE INDICATOR

(4,2)

A/N

1

227

227

ELECTION TYPE

(4,3)

A/N

1

228

228

VOTE INDICATOR

(4,3)

A/N

1

229

229

ELECTION YEAR

(5)

N

2

230

231

ELECTION TYPE

(5,1)

A/N

1

232

232

VOTE INDICATOR

(5,1)

A/N

1

233

233

ELECTION TYPE

(5,2)

A/N

1

234

234

VOTE INDICATOR

(5,2)

A/N

1

235

235

ELECTION TYPE

(5,3)

A/N

1

236

236

VOTE INDICATOR

(5,3)

A/N

1

237

237

History

• Source: Amended at 20 Ill. Reg. 2634, effective February 10, 1997

Part 208 Constitutional Amendments and Statewide Questions of Public Policy

26 Ill. Adm. Code 208.10 Certification by the State Board of Elections of Proposed Amendments to the Illinois Constitution and Statewide Questions of Public Policy

a) WHEREAS, the Illinois Constitution of 1970, Article XIV, Section 2, provides that the General Assembly may initiate amendments to the Constitution and is not limited in the total number of amendments to be submitted to the electorate except in the constitutional restriction of amending not more than three (3) Articles of the Constitution at any one election; and

b) WHEREAS, the Illinois Constitution of 1970, Article XIV, Section 3, provides that amendments to Article IV of the Constitution may be proposed by a petition signed by a number of electors equal in number to at least 8% of the total votes cast for candidates for governor in the preceding gubernatorial election; and

c) WHEREAS, the Election Code (Ill. Rev. Stat. 1979, ch. 46, par. 28-1) provides, in pertinent part, that questions of public policy shall be submitted to the electorate upon receipt of petitions that contain the signatures of 10% of the registered voters in the state except that not more than three (3) propositions shall be submitted at the same election; and

d) WHEREAS, Illinois Revised Statutes, Chapter 46, Section 1-3(12) requires the State Board of Elections to certify the form of ballot for amendments to the Illinois Constitution and for statewide referenda;

e) WHEREFORE, the State Board of Elections shall certify amendments to the Illinois Constitution and statewide questions of public policy as hereinafter set forth;

1. The State Board of Elections shall prepare and certify the form of ballot to be used at the General Election for all proposed amendments to the Illinois Constitution, submitted either by the General Assembly or initiated by petition, according to the chronological order in which they are filed with the Secretary of State or State Board of Elections, as the case may be.

2. The State Board of Elections shall prepare and certify the form of ballot for statewide questions of public policy according to the chronological order in which they are filed with the State Board of Elections.

3. Petitions filed in the office of the State Board of Elections shall be deemed to be filed as of the time they are actually received by the State Board of Elections. If more than one set of petitions are offered for filing at the same time, such offering shall constitute a simultaneous filing and be subject to a lottery to determine which petition was first filed.

4. There shall be no limit on the number of proposed constitutional amendments initiated by petition to be placed on the ballot at the same election, nor shall there be a limit on the number of proposed constitutional amendments submitted by the General Assembly to be placed on the ballot at the same election except that the State Board of Elections shall not certify amendments to more than three (3) Articles of the Constitution at the same election.

Part 209 Voting Accessibility for the Elderly and Handicapped

26 Ill. Adm. Code 209.10 Purpose

a) The purpose of this Part is to establish minimum guidelines to be used in determining:

1. whether a system of registration is accessible to handicapped and elderly potential voters; and

2. whether facilities used as polling places in all elections are accessible to handicapped and elderly voters pursuant to the Federal "Voting Accessibility for the Elderly and Handicapped Act," Public Law 98-435 and Section 11-4.2 of the Election Code (The Act) (Ill. Rev. Stat. ch. 46, par. 11-4.2 as amended by Public Act 84-808, effective January 1, 1986).

b) A system of registration, and a polling place, are accessible if the requirements of this Part are met.

26 Ill. Adm. Code 209.20 Definitions

For the purpose of this rules, the following definitions shall apply:

"Accessible" means "open to" or "available" as defined in Section 11-4.2 of the Act.

"Accessible Polling Place Facility" describes the combination of the various elements of the built environment as prescribed by this Part which allows entrance to, egress from and use of polling place facilities by handicapped and elderly voters.

"Accessible System of Registration" is one which is accessible to the handicapped and elderly as prescribed in this Part.

"Blend to a Common Level" refers to the meeting of two or more surfaces so that there is no abrupt vertical change in any of the surfaces which could create a tripping hazard or divert the direction of the caster wheels on a wheelchair.

"Built Environment" means a constructed surrounding.

"Circulation Route" means a continuous path of travel from the curb or parking area to the polling place building, into and through the polling place building to the voting area and includes both horizontal and vertical travel.

"Curb" means the inside boundary of the street, driveway or parking lot.

"Elderly" means any person who is 65 years of age or older as defined in Section 1-3(19) of the Act.

"Exterior Circulation Route" means that part of a circulation route from the curb or parking area to the point of entry to the polling place building.

"Handicapped" means any person who has a temporary or permanent physical disability as defined in Section 1-3(2) of the Act.

"Interior Circulation Route" means that part of a circulation route from the point of entry to the polling place building through the polling place building to the voting area.

"Passenger Loading Zone" is a place specifically provided outside of the vehicular traffic flow designed for the drop-off of pick-up of passengers from vehicles.

26 Ill. Adm. Code 209.30 Guidelines for Accessibility

a) System of Registration

To be accessible to handicapped and elderly potential voters a system of registration shall provide an opportunity for each potential voter to register at the residence of such voter.

b) Polling Places

To be accessible to handicapped and elderly voters a polling place must have at least one circulation route which meets the following criteria:

1. Exterior Circulation Routes

There shall be at least one path of travel that shall have no steps or slope greater than 1:12 from the curb or parking area to an entrance of the polling place building and facilities.

A) Walks and Sidewalks

i) The narrowest unobstructed width of walks and sidewalks shall be 3'-0".

ii) Walks and sidewalks shall be of a continuing common surface, not interrupted by changes in level steeper than 1:20 and inconsistent with Section 209.30(d). Surfaces shall be firm and stable. A firm surface is one that is made of concrete, brick, packed gravel, asphalt, wood or other manmade surface.

iii) Walks with gradients steeper than 1:20 shall be considered as ramps and conform to the requirements of Section 209.30(d) of this Part. Ramps on walks shall not be steeper than 1:12.

iv) Walks with sustained gradients of no greater than 1:20 shall have level areas of at least 5' in length at intervals of not more than 110'.

v) No rigid or hard object shall project into the space above a walk lower than 7'6" measured from the surface.

vi) Wherever walks and sidewalks intersect with other walks and sidewalks, parking lots, driveways, or streets, the surfaces shall blend to a common level to allow smooth passage of wheelchairs. (See Appendix A)

B) Parking

i) If parking areas are provided, pursuant to a contractual agreement, as part of the premises used as a polling place by voters, they shall have parking spaces specifically for the handicapped and an accessible path of travel to the polling place building. There is no requirement that parking be provided. If passenger loading zones are provided, they shall be accessible to the handicapped and be close to the aforementioned path of travel.

ii) If parking spaces for the handicapped are provided, they shall be marked to indicate that they are reserved for disabled drivers, using the International Symbol for Accessibility. Such markings shall be placed on a pole or wall mounted and may be accompanied by markings painted on the surface (See Appendix C)

2. Entrances, Doors and Doorways

A) At least one entrance (exit) to the polling place building and rooms shall be accessible. The accessible entrance to the polling place should be identified and marked using the International Symbol for Accessibility. But, such marking is not required for the facility to be considered accessible. (See Appendix C)

B) The floor on the inside and outside of each doorway shall preferably be level, but may slope no more than 1:50.

C) Entrances shall have a minimum clear width of 2'-8". This dimension shall be measured from the face of the door to the face of the door stop. Where double doors are used, at least one leaf shall allow a 2'-8" clear opening. (See Appendix B: Illustration A)

D) The minimum space between two hinged doors in a series shall be the width of the door swinging into the space plus 4'-0". Door swings of doors in series shall open in the same direction. Single doors hung in series shall be hinged at the same side.

E) At vestibules where doors are at right angles to each other, the dimension between the wall with the inswinging door and the facing wall shall be 6'-6" minimum. The minimum dimension in the other direction shall be 5'-0".

F) If the specifications in Subsections (3), (4) and (5) above cannot be satisfied, then one of the two doors shall be securely fastened in an open position during the hours when the polling place is open. (See Appendix B: Illustration B)

G) The maximum height of thresholds at exterior and interior doors shall be ½". Where there are differences in floor level between rooms or spaces, the threshold shall be sloped at no more than 1:20.

H) Doors shall be operable without movements requiring a tight grasp, complex hand movements, or the exertion of great force.

3. Interior Circulation Routes

A) There shall be an accessible path of travel from an accessible entrance to the voting area.

B) The voting area in the polling place building shall be served from an accessible entrance by at least one path of travel that does not have stairs or escalators.

C) The minimum clear width of halls, corridors, passageways and aisles shall be 3'-0".

D) No rigid or hard objects shall project into the space above a path of travel unless the dimension from the bottom edge of the object to the walk surface is at least 7'-6".

4. Ramps

A) If possible, alternative design solutions to ramps should be provided because of the substantial energy demands required to negotiate them by those in wheelchairs, plus the difficulties encountered by amputees and others with gait problems on ascent and descent. Ramps shall allow unrestricted traffic flow, and be free of hazards. All ramps constructed or temporarily installed in a polling place building shall meet the requirements of this Part.

B) Any part of a circulation path shall be considered a ramp if it has a slope that is greater than 1:20. The following table gives allowable slopes and maximum lengths.

Allowable Slope

Maximum Rise in a Single Ramp

Total Number of Ramp Segments Permitted

Maximum Length of a Single Ramp Segment

Total Length of Ramp Permitted

1:8

6"

1

4' – 0"

4' – 0"

1:10

9"

1

7' – 6"

7' – 6"

1:12

2' – 6"

Unlimited

30' – 0"

Unlimited

1:16

2' – 6"

Unlimited

40' – 0"

Unlimited

1:20

2' – 6"

Unlimited

50' – 0"

Unlimited

C) All ramps in a rampway shall have identical slopes. Ramps of 1:8 are permitted to be used where the election authority determines that existing physical constraints prevent the construction of more gradually sloped ramps and the requirements of Subsection (2), above, are met.

D) All ramps with a rise greater than 9" shall have handrails on both sides. Handrails shall be continuous along the ramp segment.

E) Ramps shall have a minimum clear width of 3'-0".

F) Ramps shall have level platforms at the bottom and the top of each run, at least 5'-0" long and be at least as wide as the ramp. Intermediate platforms shall be 5'-0" minimum between each ramp segment. See above Table for the maximum allowable lengths of ramp segments.

G) Intermediate turning platforms shall be a minimum of 5'-0" in length and 7'-0" wide to allow wheelchair maneuvering through 180 degrees, and at least 5'-0" long in both directions for turns of 90 degrees.

H) If doors open out onto the ramp platform, a level area at least 5'-0" deep and 5'-0" wide shall be provided.

I) The ramp surface shall be slip resistant as set forth in 71 Ill. Adm. Code 400.1510(f).

J) No object shall be hung from above or the sides that projects into a rampway lower than 7'-6" from the surface of the ramp or landing. Below this height, no object shall project into a rampway other than the handrails.

5. Elevators

If elevators are necessary to access the voting area, the elevators shall be on an accessible route and shall comply with the American National Standard Safety Code for Elevators, Dumbwaiters, Escalators, and Moving Walks, ANSI A17.1-1978 and A17.1a-1979 and include no later amendments or additions.

26 Ill. Adm. Code 209.40 Determination of Accessibility

a) The County Board or Board of Election Commissioners shall survey every polling place facility to be used throughout the jurisdiction to determine whether such facilities are in compliance with the criteria set forth in this Part.

b) The survey shall be completed using the form prescribed by the State Board of Elections. This completed survey form shall be retained by the election authority for the period the site is used as a polling place. Copies of the survey shall be made available for public inspection and to the State Board of Elections upon request.

26 Ill. Adm. Code 209.50 Exemption Procedures

a)

1. A facility shall be considered to be a potential polling place when it can be leased for the hours needed on election day at the normal rate paid by the jurisdiction and meets the requirements of Sections 11-2 and 11-4 of the Act.

2. If all potential polling place facilities have been surveyed and no accessible facility is available and the facilities which are available cannot reasonably be made temporarily accessible, due to budgetary and available manpower constraints, the election authority shall request in writing to the State Board of Elections that the existing polling place be exempt from the criteria set forth in this Part. A separate request for exemption shall be submitted for each polling place not in compliance. Completion of a survey form is not required for facilities not used. Nothing herein shall require the installation of temporary ramps. (41 U.S.C. 1973ee-1(b))

b) In order to be granted an exemption by the State Board of Elections, the written request shall:

1. identify the polling place for which the exemption is requested;

2. identify the provisions of this Part with which the existing site is not in compliance;

3. describe the efforts made to locate a site in compliance with this Part;

4. describe what continued efforts will be made to achieve compliance during the period that the exemption is in effect;

5. be accompanied with a copy of the completed survey form; and

6. bear the signature of the election authority.

c) In order to be considered, a request for an exemption shall be filed within 10 days following the day the polling place is established by the County Board or Board of Election Commissioners, pursuant to Sections 11-2 and 11-4 of the Act. However, in 1986, a request for an exemption for any previously established polling place shall be filed with the State Board of Elections not later than February 1 of that year.

d) Within 10 working days following the receipt of an initial request for exemption, containing all information, forms and signatures required by Subsection (b) above, the State Board of Elections will grant a certification of exemption to the election authority for that polling place. Such exemption shall be valid for a period of 2 years from the date of issuance. If a second request for an exemption is submitted for a previously exempted polling place, the State Board of Elections shall respond in writing within 45 days following receipt of the request.

e) If one or more disabled persons contact the State Board of Elections concerning a specific exemption, the Board shall work in cooperation with the election authority and the disabled persons in locating an available accessible facility.

f) If the State Board of Elections is notified that an accessible facility which is a potential polling place as provided in Section 209.50(a) can be leased as a polling place by the election authority during the period that the exemption is in effect, Board staff shall verify the existence and accessibility of the facility. Upon verification by Board staff that the facility meets the requirements of this Part, written notification shall be sent to the election authority of the location of the accessible facility and of the fact that the requirements for an exemption for a polling place in that precinct are no longer met and that the previously granted exemption is no longer in effect.

g) The election authority shall notify the State Board of Elections of the change in polling place facility within 10 days of the establishment of the new polling place.

h) Upon the expiration of an exemption, no certification of exemption shall be granted by the State Board of Elections for any polling place in that precinct unless the Board determines that a potential polling place is not available and that no available facility can reasonably be made accessible.

i) The decision of whether a potential polling place required by Subsection (h) above, is available shall be made by the Board after consideration of a non-binding recommendation made by a joint committee. That committee is chosen by the election authority subject to the following requirements.

1. The election authority shall have one or more representatives;

2. The joint committee shall have at least one handicapped member, provided one or more handicapped persons volunteer for membership; and

3. One or more staff members of the State Board of Elections shall be appointed, subject to staff constraints. In allocation of Board staff, preference shall be given to joint committees with no handicapped members.

If no committee is formed, no exemption shall be granted by the Board.

j) To allow for maximum participation on the committee by the State Board of Elections, the election authority shall notify the State Board of Elections of the need for a committee to be formed not less than 15 business days before the committee is scheduled to meet.

k) Upon completion of its survey, the committee shall submit in writing to the State Board of Elections a report of its findings and a non-binding recommendation. If the committee recommends that an exemption be granted, a petition for exemption and a copy of the completed survey form shall accompany the recommendation.

26 Ill. Adm. Code 209.60 Emergency Provision

a) If an election authority has determined that an accessible polling place has become unavailable due to reasons such as discovery of previously-unknown leasing restraints, snow, fire, labor strikes, natural disasters or unforseen circumstances less than 30 days prior to an election, an emergency exists and this Part shall not apply.

b) Any alternate polling place not in compliance with this Part shall be considered temporary and cannot be used in ensuing elections without an exemption from the State Board of Elections.

c) Not more than 30 days following the election, the election authority shall notify the State Board of Elections in writing of the polling place change and describe the emergency which caused the alternate polling place to be used.

26 Ill. Adm. Code 209.70 Alternative Means for Casting Ballots at Inaccessible Polling Places

a) In those instances where an exemption has been granted pursuant to Section 209.50 of this Part, or where an alternate polling place which is not in compliance with Section 209.30 of this Part is established under Section 209.60 of this Part, any handicapped or elderly voter who is prevented from entering the polling place shall be entitled to request that a ballot be delivered to such voter at the point where the voter is unable to continue toward the polling place. However, no ballot shall be delivered to such voter beyond the farthest point of inaccessibility along the circulation route.

b) The voter shall certify to the election authority not later than the close of business on the day before the election, on a form prescribed by the State Board of Elections, that he or she is unable to enter the polling place and that he or she is requesting that a ballot be delivered to the voter at the point where he or she is unable to continue toward the polling place. However, no ballot shall be delivered to such voter beyond the farthest point of inaccessibility along the circulation route.

c) Two judges of election, not of the same political party, shall deliver to the voter the appropriate ballot to which the voter is entitled, a portable voting booth or other enclosure that will allow the voter to mark his or her ballot in secrecy and a marking device. (Section 7-47.1(b) of the Act)

d) In those instances where an established polling place has been moved after notice of the polling place location has been published by the local election authority, any handicapped voter may request that a ballot be delivered at a point where he or she is unable to continue toward the polling place; but in no case more than 50 feet from the entrance to the building in which the polling place is located. This request can be made at any time up through and including election day.

e) The voter must complete the entire voting process, including the application for ballot from which the judges of election shall compare the voter's signature with the signature on his or her registration record card in the precinct binder. (Section 7-47.1(c) of the Act)

f) After the voter has marked his or her ballot and placed it in the ballot envelope or security sleeve (or folded it in the manner prescribed for paper ballot), the 2 judges of election shall return the ballot to the polling place and give it to the judges in charge of the ballot box who shall deposit it therein. (Section 7-47.1(c) of the Act)

g) No assistance may be given to the voter in marking his or her ballot, unless the voter request such assistance and completes the affidavit required by Section 17-14 of the Election Code. (Sections 7-47.1(c) and 17-14 of the Act)

26 Ill. Adm. Code 209.75 Alternative Means for Casting Ballots at Accessible Polling Places

a) Any handicapped voter who, because of structural features of the building in which the polling place is located, is unable to access or enter the polling place may request that a ballot be delivered to such voter at the point where the voter is unable to continue toward the polling place; but in no case shall a ballot be delivered to the voter more than 50 feet from the entrance to the building in which the polling place is located. (Section 17-13(b) of the Act)

b) The voter shall certify to the election authority not later than the close of business on the day before the election, on a form prescribed by the State Board of Elections, that he or she is unable to enter the polling place and that he or she is requesting that a ballot be delivered to the voter at the point where he or she is unable to continue toward the polling place; but in no case more than 50 feet from the entrance to the building in which the polling place is located. (Section 17-13(b) of the Act)

c) Weather permitting, two judges of election, not of the same political party, shall deliver to the voter the appropriate ballot to which the voter is entitled, a portable voting booth or other enclosure that will allow the voter to mark his or her ballot in secrecy and a marking device. (Section 7-47.1(b) of the Act)

d) The voter must complete the entire voting process, including the application for ballot from which the judges of election shall compare the voter's signature with the signature on his or her registration record card in the precinct binder. (Section 7-47.1(c) of the Act)

e) After the voter has marked his or her ballot and placed it in the ballot envelope or security sleeve (or folded it in the manner prescribed for paper ballot), the 2 judges of election shall return the ballot to the polling place and give it to the judges in charge of the ballot box who shall deposit it therein. (Section 7-47.1(c) of the Act)

f) No assistance may be given to the voter in marking his or her ballot, unless the voter requests such assistance and completes the affidavit required by Section 17-14 of the Election Code. (Sections 7-47.1(c) and 17-14 of the Act)

26 Ill. Adm. Code 209.80 Responsibilities of the State Board of Elections

The State Board of Elections shall:

a) prepare a list of all polling places by election jurisdiction for which an exemption was granted. Such list shall contain the location of the polling place, the reason for the inaccessibility and the date the exemption was granted. Such list together with the petition for exemption shall be a public record at the office of the State Board of Elections;

b) within 2 days following the receipt of a written notification from the United States Attorney General or a person who is personally aggrieved by the noncompliance that an election jurisdiction is not in compliance with this Part, transmit a copy of the notification to the election authority. Upon receipt of this notice, the election authority shall make available to the State Board of Elections copies of the survey forms concerning the polling place facilities in question.

c) not later than September 1 of each even-numbered year, verify the list of exemptions with each election authority; and

d) not later than December 31 of each even-numbered year, report to the Federal Election Commission, in a manner to be determined by the Commission, the number of accessible and inaccessible polling places throughout the State on the date of the preceding general Federal election and the reason for any instance of inaccessibility. (42 U.S.C. 1973ee-1(c))

26 Ill. Adm. Code 209.90 Registration and Voting Aids for the Elderly and Handicapped

a) Each election authority shall make available registration and voting aids for elderly and handicapped individuals including:

1. instructions, printed in large type, displayed in an unobstructed manner at each permanent registration facility and each polling place. (Section 11-4.3 of the Act)

2. voting aids for visually impaired voters, such as a magnifying lens suitable to fit over the ballot booklet in each polling place, a sample ballot printed in large type, or sample ballot booklet pages printed in large type; and

3. a large-handled stylus for punching the ballot in each polling place.

b) Prior to each election, as part of the published notice of the location of the polling places for that election pursuant to Sections 12-1, 12-3, 12-4 and 12-5 of the Act, the election authority shall indicate those polling places which have been granted an exemption from the criteria set forth in this Part by the State Board of Elections. Such notice shall indicate that a polling place is "inaccessible."

History

• Source: Amended at 12 Ill. Reg. 10708, effective June 14, 1988

26 Ill. Adm. Code 209.APPENDIX A Exterior Circulation Routes

26 Ill. Adm. Code 209.APPENDIX B Entrances, Doors and Doorways

Section 209.ILLUSTRATION A Minimum Clear Door Openings

Section 209.APPENDIX B Entrances, Doors and Doorways

Section 209.ILLUSTRATION B Minimum Requirements For Doors Opening in Series

26 Ill. Adm. Code 209.APPENDIX C International Symbol for Accessibility

Part 210 Raffles Conducted by Political Committees

26 Ill. Adm. Code 210.10 Licensing of Raffles Conducted by Political Committees

a) No raffle or other game of chance defined in and authorized by Section 8.1 of the Raffles Act [230 ILCS 15/8.1] (the Act) shall be conducted unless a license has first been issued for such a purpose by the State Board of Elections (Board).

b) "Political committee" as used in this Part shall mean a political committee as defined by Section 9-1.8 of the Election Code [10 ILCS 5/9-1.8].

c) No political committee, group, association, or other entity shall receive a license to conduct a raffle unless it is a political committee as defined by this Part and Section 9-1.8 of the Election Code, and unless it meets all requirements of Section 8.1 of the Act.

d) Application for a license to conduct a raffle shall be made on forms provided by the Board and shall supply, over the oath of the applicant, all information requested by the application form. The form of the application is set out in Appendix A.

e) Only the chairman or treasurer of a political committee whose name is listed on the committee's D-1 statement at the time the application is filed shall sign the application for a license to conduct a raffle.

f) An officer of a political committee or an employee or person not otherwise disqualified by the Act itself shall be deemed to be of good moral character if he or she has never been convicted of an offense identified in Article 29 of the Election Code; provided that if an officer, employee or person has been convicted of such an offense he or she may nonetheless be deemed of good moral character if at least one year has elapsed between the completion of any sentence, including a sentence of probation, imposed upon such conviction and the date the application is sent to the Board as noted upon the application itself.

g) The information supplied by the applicant, over his or her oath, if it is complete as to each and every item of the application for which an answer is required, shall be deemed to be presumptively correct and sufficient for the Board to issue a license to the applicant to conduct a raffle.

h) Any person who has grounds to believe a committee has violated the terms of the Act or of its license may file a complaint before the State Board of Elections to determine whether a license holder remains in compliance with the terms of its license. The Board shall hear such a complaint under the provisions of 26 Ill. Adm. Code 125.Subpart C. The complainant shall prove its case before the Board. Nothing in this Part prohibits the Board from filing a complaint, but unless it does so, the Board shall not act as an advocate for the complainant. Failure of a committee to abide by the Act and its license voids the license whether or not a complaint is filed.

i) All receipts and/or expenditures for raffles conducted under this Section and the Act shall be reported on the report next required to be submitted by the committee after each separate raffle under Article 9 of the Election Code and on such other reports as may be required by that Article.

History

• Source: Amended at 35 Ill. Reg. 2407, effective February 4, 2011

26 Ill. Adm. Code 210.APPENDIX A Application Form

FORM DR

LICENSE APPLICATION TO

CONDUCT A RAFFLE

Name and address of political committee.

Type of Committee (Circle One)

Candidate

Political Party

Political Action Committee

Ballot Initiative

Name and address of officers.

A.

Chairman

Phone Number:

B.

Treasurer

Phone Number:

Name and address of individuals responsible for the conduct of the raffle.

Locations where raffle chances will be sold or issued.

First and last dates for sale of raffle chances.

Locations where winning chances will be determined.

Dates of determination of winning chances.

Briefly describe the prizes:

---

The undersigned hereby swear and affirm that __________________________________ is organized as a political committee in Illinois as required by Article 9 of the Election Code and is eligible to receive a raffle license as prescribed by law, and further, that the above stated facts are true. We acknowledge the receipt of copies of 230 ILCS 15/8.1 and of 26 Ill. Adm. Code 210.10 and understand that failure to abide by the Election Code shall void any license granted to this committee.

For Office Use Only

Chairman (Signature)

Identification No.

Date of Creation:

Treasurer (Signature)

Subscribed and Sworn to before me this

Approved

___ day of ________, 20.

(Date)

Notary Public

(Signature)

History

• Source: Amended at 35 Ill. Reg. 2407, effective February 4, 2011

Part 212 Personnel

26 Ill. Adm. Code 212.210 Introduction

a) General

1. Subject

This Part establishes the basic policies governing the personnel in the Office of the State Board of Elections.

2. Equal Employment

The Office of the State Board of Elections does not discriminate with respect to recruitment, hiring, promotion, renewal of employment, discharge, discipline, demotion, privileges or conditions of employment against any individual on any unlawful basis, including race, color, religion, sex, sexual orientation, age, marital status, physical or mental disability, national origin, citizenship, political affiliation, ancestry, military status or unfavorable discharge from military service.

3. Scope

All payroll employees of the Office of the State Board of Elections are subject to the provisions of this Part.

b) Definitions

"Administrative Services" means the Division of the Board responsible for accounting, human services and facility services.

"Allocation" means the distribution of duties within a job classification.

"Board" means the State Board of Elections created by the Illinois Constitution.

"Certified Employee" means an employee who has satisfactorily completed a required period of probation and attained certified status in any position during the employee's most recent period of continuous service with the Office.

"Certified Status" means status achieved through the successful completion of a probationary period.

"Director" means a designated head of an organizational unit as reflected in the organizational chart of the Board, including the Executive Director.

"Disclosure Statement" means an internal document that is a statement of outside employment that may cause a potential conflict of interest in performing job duties for the Board.

"Executive Director" means Executive Director of the State Board of Elections.

"Executive Employee" means the General Counsel, Executive Director, and Assistant Executive Director of the Board.

"General Counsel" means the designated head of legal counsel as reflected in the organizational chart of the Board.

"Immediate Family" means spouse, parents, stepparents, children, stepchildren, siblings, grandparents, grandchildren, same sex partners, and other persons abiding within the same household eligible to be covered as dependents for health insurance or claimed for income tax purposes.

"Office" means the Office of the State Board of Elections.

"Organizational Unit" means the unit to which an employee's position is assigned, as set forth in the Board's organizational chart.

"Personnel Transaction" means any transaction that affects an employee's salary, service date, title, and/or position number change.

"Probationary Employee" means an employee serving a probationary period after initial hiring from outside the Office.

"Probationary Period" means a period of at least six calendar months preceding receipt of notice of certification and after initial hiring from outside the Office or at least four months after appointment to a position within the Office in which the employee has not previously been certified.

"Retirement System" means the State Employees Retirement System.

"State Service" means employment with those agencies, boards and /or commissions covered under the State Employee Retirement System.

"Term Appointment" means a term of four years to which a Director is appointed by the Board. At the expiration of four years, the appointment automatically terminates unless renewed by the Board.

"Trainee Appointment" means the appointment of qualified employees to an established program of supervised training and experience necessary for satisfactory performance in technical or professional positions, which are, in the judgment of the Director and Executive Director, difficult to fill with qualified employees.

History

• Source: Amended at 46 Ill. Reg. 18866, effective November 3, 2022

26 Ill. Adm. Code 212.214 Position Classification and Compensation

a) Position Classification

1. Organizational Structure: The organizational structure of the Office shall be as established by the Executive Director and maintained on file in the Office of Administrative Services.

2. Positions and Service: The establishment and abolition of positions and duties shall be at the discretion of the Executive Director and the Board. All employees serve at the discretion of the Board, subject to the employee rights established by this Part.

3. Classification Plan: The Director of Administrative Services shall maintain, and revise when necessary, a uniform position classification plan for positions necessary to carry out the duties of the Office. The classification plan shall be based on the similarity of duties and responsibilities assigned so that the same schedule of pay may be equitably applied to all positions within a classification, under the same or substantially the same employment conditions. Employees shall be classified by position and each position classification shall be governed by a formal, written position description approved by the Executive Director. Any change in salary or position description shall be recorded as a personnel transaction.

4. Allocation: It is the responsibility of each Director to report to the Executive Director and the Director of Administrative Services any significant changes in the duties of any position within the organizational unit. At a Director's request and upon approval by the Executive Director and the Director of Administrative Services, a survey, audit, or other investigation as may be deemed necessary by the Director shall be made to determine the proper allocation of any position to a classification. Upon written request of an employee to a Director and upon approval of the Executive Director and the Director of Administrative Services, the investigation by a Director shall be made to determine the proper allocation of the employee's position. It shall be the responsibility of the Director of the organizational unit in which the position is located to notify the employee, the Executive Director and the Director of Administrative Services of the determination concerning the proper allocation of the employee's position.

5. Reconsideration:

A) Within 30 days after receiving notice of the determination concerning proper allocation of a position, the employee may make a request in writing to the Director for reconsideration of the determination. Thereafter, the Director shall reinvestigate the duties and responsibilities of the position and, if necessary, of related positions. The employee shall be given a reasonable opportunity to be heard by the Director.

B) After the re-investigation, the Director shall render a decision in writing and it shall be served on the employee in person or by certified mail, return receipt requested, at the employee's last address shown in the personnel file and to the Executive Director and the Director of Administrative Services. The effective date of the reconsidered decision shall be the effective date of the allocation decision giving rise to the reconsideration request.

C) An employee wishing to appeal the reconsidered decision shall be entitled to a hearing by the Grievance Review Committee in accordance with the procedure established in Section 212.270 of this Part.

6. Assignments to Other Classifications: An employee whose position has been allocated to a classification having a higher, lower, or same maximum permissible salary or rate may remain in the position; provided, however, that the Executive Director shall determine, in the case of allocation to a class having a higher maximum salary or rate, whether, considering the nature of the change in duties, the employee is qualified for the position.

7. Revised Class Requirements: When requirements for a classification are revised and the duties and responsibilities of positions comprising the classification remain essentially unchanged, incumbents in these positions who qualified under previous requirements for the classification shall be considered qualified.

b) Compensation Plan

1. Establishment of Plan: The Executive Director shall establish and maintain on file in the Office of Administrative Services a Pay Plan for all employees. The Pay Plan shall designate a salary range for each position classification. The salary for any particular position shall be fixed by the Executive Director within the designated salary range and based, in his or her discretion, on the duties, responsibilities and work requirements of that position as they relate to the total duties, responsibilities and work requirements of the Office.

2. Provisions of the Pay Plan:

A) The Pay Plan shall provide for starting rates of pay, and the time and manner in which subsequent changes of salary may be made. The rate each employee is to be paid shall be set forth in appropriate documents contained within his or her personnel file. The Pay Plan may also include other provisions not inconsistent with law to assist in the administration of good personnel practices for the Office.

B) The Director or the Executive Director shall have discretion, subject to Board approval, over whether to grant pay increases for any employee within his or her organizational unit. Merit increases shall not be granted automatically for time in service.

The Board shall have complete discretion over whether to grant pay increases for Executive Employees and Directors.

26 Ill. Adm. Code 212.218 Application and Appointment

a) Applications for Employment

1. Notice: Positions shall be advertised in both the Springfield office and the Chicago office by posting, unless the Executive Director directs otherwise. Other recruitment methods may be used as deemed appropriate.

2. Submission of Application:

A) Persons seeking employment must submit an application, resume or other documents demonstrating education and experience.

B) Employees seeking positions within the Office must apply in writing to the Director of the organizational unit in which the desired position is located. The Director shall submit copies of applications received to the Executive Director and the Director of Administrative Services.

3. Screening of Applicants:

A) Interviews: Directors or their designees are responsible for screening applications for non-Executive Employee positions. Interviews may be conducted as part of the screening process. Interviews shall be conducted by the Director of the organizational unit, or their designee, the Director of Administrative Services or their designee, and either the Human Resources Manager or another appropriate staff person chosen by either the Executive Director or the Director of Administrative Services. In any event, a minimum of two members of the interview panel must have successfully completed the course for Rutan certification.

B) Board Conducted Interviews: The Board shall conduct interviews for the positions of Executive Director, Assistant Executive Director, General Counsel and Director.

C) Examinations: The Executive Director may require any applicants for any positions to take examinations as a means to assess knowledge, skills and the ability to perform the duties of the position.

4. Criteria for Selection:

A) Selection may be based on education, experience, interviews, references, and examinations, if conducted. Other factors, such as experience within the Office, may also be considered.

B) Pre-employment screening of applicants may include, but is not limited to, background checks and routine reference verifications.

C) If, following the screening process, the Director desires to place an applicant in a position, the Director shall submit their recommendation to the Executive Director for final action, including the decision not to fill the position.

D) A central file of all applicants who applied for or were considered for a position, along with appropriate supporting material, shall be maintained in the Office of Administrative Services for a minimum of three years (application materials) or 10 years (interview and section materials) from the date the position is filled or a decision to not fill the position is made.

b) Appointment

1. Notice of Appointment: Upon approval of the Executive Director, the Director of Administrative Services shall notify applicants in writing of their appointment to a position. The notification shall state the position classification, work location, starting salary, and beginning date of employment, all contained in a conditions of employment agreement that shall be signed by all new appointees. Appointments become effective upon the applicant's reporting for work at the place and time designated in the notification.

2. Types of Appointment: The following types of appointments may be made by the Executive Director or a Director, subject to the concurrence of the Executive Director.

A) Probationary Employees: All appointments for newly hired employees shall be subject to the employee's performance through two consecutive performance appraisals by the Executive Director or a Director or their designee of approximately three months each and receipt of notification that the employee has been certified in the position to which appointed. At any time during this probationary period, newly hired employees may be discharged without notice, cause or any right to hearing.

B) Certified Employees: Employees successfully completing a probationary period shall be appointed to certified status. Appointment to certified status shall be effective upon receipt of written notice from the Executive Director or their designee.

C) Temporary Employees: Employees authorized by the Executive Director or a Director to perform duties and responsibilities on a temporary basis shall receive compensation at the designated rate of a temporary employment agency supplying the worker or as agreed to by the employee and the Executive Director.

D) Acting Status in a Non-Executive Employee Position: An employee assigned to acting status for any position shall, at the Executive Director's or a Director's discretion, be paid in accordance with the salary range allocated to the position and the responsibilities incurred as a result of the acting assignment; provided, however, that payment shall not be lower than the employee's base salary immediately prior to the acting assignment. An employee removed from acting status shall be returned to the same or a similar position to the one held prior to the acting status appointment. The employee's salary shall be not less than their salary at the time they were was appointed to the acting status.

E) Acting Status in an Executive Employee Position: An employee assigned to acting status to an Executive Employee position classification shall only be appointed by the Board and shall follow the procedures set forth in subsection (b)(2)(D).

F) Trainee Appointments: Employees appointed to a trainee position shall be promoted by the Director of the employee's organizational unit, subject to the concurrence of the Executive Director, to the permanent targeted title with no probationary period only after successful completion of the training period, which shall be a minimum of six months and shall not exceed 12 months. Employees appointed to trainee positions may be discharged at any time prior to promotion without rights to appeal.

3. Other Appointments: The following types of appointments shall be made only by the Board:

A) Executive Employees: Executive Employees serve at the discretion of the Board and may be discharged or demoted by the Board at any time without notice, cause or any rights to a hearing.

B) Term Appointments: Directors and other employees who are appointed for terms of no longer than four years may be discharged at the end of their term without cause or any rights to a hearing. Sixty days prior to the expiration of the term appointment, the Director of Administrative Services shall serve a notice upon the appointee either in person or by certified mail, return receipt requested, at the employee's last address listed in the personnel file. This notice shall also be given to the Chair of the Board and the Executive Director. The Chair of the Board shall notify the employee at least 30 days prior to the expiration of the term of the intention to renew or not renew the appointment.

c) Contractual Employees: Contractual employees have no rights under this Part.

History

• Source: Amended at 46 Ill. Reg. 9993, effective May 26, 2022

26 Ill. Adm. Code 212.222 Work Schedule and Attendance

a) The Executive Director shall establish and maintain on file in the Office of Administrative Services a schedule of working hours for the Office.

b) The Office of Administrative Services shall maintain daily attendance records for all employees.

c) An employee shall, whenever possible, provide advance notice of absence from work. For those positions specified in the Pay Plan, any time away from scheduled work hours that is not specifically authorized by a Director or his or her designee in writing shall constitute cause for a deduction from pay. Absence of an employee for five consecutive workdays without reporting to the appropriate Director may be cause for discharge.

d) Employees who do not have earned time off credited to their name, yet are absent from work, shall be marked as unexcused and their pay shall be adjusted to reflect the absence. More than three unexcused absences annually could result in disciplinary action, up to and including discharge.

e) Emergency Shut-Down:

1. The Executive Director (or his or her designee) shall declare an emergency shut-down of the Office when there occurs a disruption of the work at the worksite caused by a condition beyond the control of the Office, such as equipment failure, terrorist attack, fire, flood, snow, tornado or other natural disaster, or interruption of services such as water or electricity. The Executive Director may require certain employees to work during this period to maintain essential services, to help restore services or for other necessary purposes.

2. It shall be the responsibility of the Executive Director (or his or her designee) to notify affected employees of the emergency shut-down. Time in non-work status is with pay. Those employees on approved sick leave or vacation at the time of emergency shut-down shall be reimbursed for those days previously approved.

26 Ill. Adm. Code 212.226 Continuous Service

a) Definition:

1. Continuous service is the uninterrupted period of service from the date of original appointment to State service.

2. Employees who have previous State service that qualified for earning of vacation benefits shall be given credit for that service, as determined by the Office or as required by law.

b) Interruptions in Continuous Service:

1. Resignation; provided, however, that continuous service shall not be interrupted by resignation when an employee is employed in another position in State service within four calendar days after resignation.

2. Discharge; provided, however, that continuous service shall not be interrupted if the employee is retained in the position after a hearing before the Grievance Review Committee.

3. Termination; if an employee has not been reemployed by the Office within one year after layoff.

c) Deductions from Continuous Service: Except as provided in subsection (f), the following shall be deducted from, but shall not interrupt, continuous service:

1. Time away from work for any leave of absence without pay totaling more than 30 calendar days in any 12-month period;

2. Time away from work because of disciplinary suspensions totaling more than 30 calendar days in any 12-month period.

3. Time away from work because of layoff.

d) Veteran's Continuous Service: Leaves of absence shall be granted to all employees who leave their positions and enter military service for four years or less (exclusive of any additional service imposed pursuant to law). An employee shall be restored to the same or similar position on making an application within 90 days after separation from active duty or from hospitalization continuing after discharge of not more than one year. The employee must provide evidence of satisfactory completion of training and military service or a qualified health care provider's statement when making application and be qualified to perform duties of the position. Continuous service and reemployment rights for veterans subject to federal law shall be as provided in the Uniformed Services Employment and Reemployment Rights Act (38 USC 4301-4333).

e) Peace Corps or Job Corps Enrollees Continuous Service: Any employee who volunteers and is accepted for service in the overseas or domestic Peace Corps or Job Corps shall be given a leave of absence from his or her State employment for the duration of his or her initial period of service and be restored to the same or similar position provided that the employee returns to employment within 90 days after the termination of service or release from hospitalization from a Peace Corps or Job Corps service connected disability.

f) Accrual and Retention of Continuous Service During Certain Leaves: During an absence for family and medical, educational, administrative, military, Peace Corps or Job Corps, disaster service volunteer or service-connected disability leaves, an employee shall retain and accrue continuous service, provided appropriate application and return is made as required by this Part.

26 Ill. Adm. Code 212.230 Personnel Records and Performance Reviews

a) Personnel Records

1. A personnel file shall be established for each employee upon entry into employment and shall be maintained in the Division of Administrative Services. When the following records are maintained, they must be maintained in the personnel file:

A) Applications for employment, letters of recommendation, resumes and school transcripts

B) Offers and acceptances of employment

C) Employment information cards

D) Personnel transaction forms

E) Written commendations and disciplinary actions

F) Annual performance appraisals

2. Records that are non-confidential are not made confidential because of their inclusion in the personnel file.

3. An employee is entitled to view his or her personnel file during working hours with reasonable notice to the Director of Administrative Services or his or her designee. These records may be inspected only in the presence of the Executive Director or his or her designee or the Director of Administrative Services or his or her designee. Certain records in the personnel file, in accordance with the law, may be withheld from the employee's inspection. In addition, personnel files may be viewed by those who exercise direct supervision over that employee, members of the Board, the Executive Director, the Assistant Executive Director, the Director of Administrative Services, the Agency Human Resources Manager, and, to the extent legal advice is sought, attorneys in the Division of the General Counsel. Other employees, only at the discretion of the Executive Director, may view an employee's personnel file on a need to know basis only.

4. An employee shall be notified of any additions to or deletions from his or her personnel file. If an employee disagrees with any information contained in the personnel record, the employee may submit a written statement to the Director of Administrative Services explaining his or her position for inclusion in the employee's personnel file.

5. Performance records shall constitute material in an employee's personnel file that is relevant to determining the appropriateness of proposed or recommended personnel transactions.

6. Performance records shall be considered in all cases, unless excepted by this Part, of promotion, demotion, discharge, layoff, reinstatement, merit salary increases and certification. In considering any potential change in an employee's current status, the employee's most recent performance records may be given greater weight than the employee's earlier performance records.

b) Performance Evaluations: Performance records of non-Executive Employees shall include an evaluation of employee performance prepared at least annually on prescribed forms. Executive employees shall be evaluated in the time and manner prescribed by the Executive Director or the Board.

1. For an employee serving a 6-month probationary period, two evaluations shall be prepared by the Director and submitted to the Director of Administrative Services or his or her designee, one at the end of the third month of the employee's probationary period and another after the fifth month of the probationary period.

2. For an employee serving a 4-month probationary period as a result of a promotion, one evaluation shall be prepared by the Director and submitted to the Director of Administrative Services or his or her designee, after the third month of the probationary period.

3. Additional performance evaluations of individual employees may be conducted by the Executive Director or a Director as deemed necessary.

4. Performance evaluations shall be conducted by the Director of the employee's organizational unit or the employee's direct supervisor. The Executive Director shall conduct performance evaluations for Directors and Executive Employees.

5. Employees shall be required to sign all evaluation forms to indicate they have read the evaluation and it has been discussed with them by the Executive Director or the Director, whichever is appropriate.

History

• Source: Amended at 42 Ill. Reg. 5024, effective February 28, 2018

26 Ill. Adm. Code 212.234 Probationary Status

a) Probationary Period:

1. A probationary period of approximately six months shall be served by a full-time employee who is newly hired from outside the Office.

2. A probationary period of approximately four months shall be served by a full-time employee who is promoted. A probationary employee transferred during the probationary period shall serve that portion of the probationary period that was not completed at the time of the transfer. Trainee appointments promoted to the target title after successful completion of the trainee period shall not be subject to a probationary period.

3. If an employee is absent from work for more than 15 calendar days during the probationary period, the probationary period shall be extended by the length of the absence.

4. Probationary employees who have not attained certified status shall have no right to grievance procedures with regard to termination, demotion or other employment action.

b) Certified Status: A probationary employee shall attain certified status only after successful completion of a probationary period and receipt of notice of certification from the Executive Director or his or her designee.

26 Ill. Adm. Code 212.238 Promotion

a) Definition: A promotion is the appointment by a Director or the Executive Director of an employee to a position in a classification with a higher maximum permissible salary than the former classification. The promotion of an employee by a Director shall be subject to approval of the Executive Director.

b) Promotions from Within: If an outside applicant and an internal applicant are equally qualified for a position, the employee of the Office may be given preference.

c) Salary Increases Resulting from Promotion: Upon promotion, the salary of an employee shall be as provided in the Pay Plan.

d) Failure to Complete Probationary Period:

1. A promoted, previously certified employee who fails to satisfactorily complete the probationary period in the promoted position because of inability to perform the duties and responsibilities of the promoted position shall be returned to a position in the classification from which promoted without the appeal rights specified in Section 212.270 of this Part.

2. A promoted employee who has been previously certified in any position within the Office may be discharged during the probationary period and, in this event, the employee has the same rights to appeal as a certified employee.

3. No probationary employee shall be promoted unless the employee has previously held certified status during the current period of continuous service.

26 Ill. Adm. Code 212.242 Employee Transfer

a) Definition: A transfer is the assignment of an employee to a position whose classification has the same maximum permissible salary as the former classification.

b) Intra-Agency Transfer: An employee may be transferred to a position involving similar qualifications, duties, responsibilities, and salary range in another division, section, or other unit within the Office. Transfers may be made by the Executive Director as he or she deems necessary or desirable, in his or her sole discretion.

c) Inter-Agency Transfer: An employee may be transferred to a position in the same class, or to a position involving similar qualifications, duties, responsibilities and salary range in another agency of the State of Illinois, with the approval of the other agency and the Office, the Executive Director and/or a Director, and with the consent of the employee. For the purposes of this Section, however, an employee who has laterally transferred from another State agency with less than one year service in the Office shall not be awarded a promotion within the Office unless there are no eligible and qualified candidates with more than one year's service with the Office.

d) Geographical Transfer: Geographical transfer is the transfer of an employee, for the convenience of the employer, between the Chicago and Springfield offices for the performance of duties other than temporary assignments or details. An employee who refuses to accept a geographical transfer must report for duty at the new location on the designated date but may make a written appeal of the transfer to the Grievance Review Committee in accordance with the procedures established in Section 212.270 of this Part. An employee shall be reimbursed for all reasonable transportation and moving expenses incurred in moving to a new location because of a permanent geographical transfer with prior approval from the Executive Director, unless the transfer was requested by the employee.

e) Rights of Transferred Employees: A transferred employee shall retain status, continuous service, and all accrued benefits.

f) Transfer of Duties: When the duties of a position are relocated by transfer or by abolition and reestablishment and when the duties are substantially the same as the employee's current position classification, an incumbent employee may elect to relocate and retain the duties of the position. Expenses incurred for transportation and moving expenses are not subject to reimbursement.

26 Ill. Adm. Code 212.246 Demotion

a) Definition:

1. Demotion is the assignment of an employee to a position in a classification having a lower maximum permissible salary than the former classification, made for reasons of inability of the employee to perform the work of the position from which the demotion was made or due to the restructuring of duties and responsibilities within the organizational unit.

2. A Director may initiate demotion of an employee by submitting to the Executive Director and the Director of Administrative Services a written statement of reasons for demotion containing sufficient facts to show good cause for the demotion. No demotion shall become effective until prior approval of the Executive Director and written notice is served upon the employee.

b) Notice to Employee: If the statement of reasons for demotion of a certified employee is approved by the Executive Director, a copy of the approved statement of reasons for demotion shall be served on the employee in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

c) Employee Obligations: Upon receipt of the approved statement of reasons for demotion or upon the effective date of demotion, whichever is later, the employee shall leave the position in which assigned prior to receipt of the notice of demotion and report to work to the position to which demoted. An employee's report for work to the position to which demoted shall be without waiving any right to appeal under subsection (e).

d) Salary and Other Benefits of Employee: Upon receipt by the employee of the approved statement of reasons for demotion, or on the effective date of the demotion, whichever is later, all salaries and benefits of the employee in the position in which assigned prior to receipt of the reasons shall be adjusted to reflect the demotion. An employee assigned to a demotion due to a restructuring of duties and responsibilities within the organizational unit as defined in subsection (a)(1), upon receipt of the approved statement of demotion, or on the effective date of the demotion, whichever is later, shall continue at the same rate of pay of the position in which assigned prior to the receipt of notice of demotion for a period of six months. After six months in the demoted position, the employee's salary shall be adjusted to the appropriate rate of the demotion.

e) Appeal by Certified Employee: An employee who is certified in the position from which demoted may appeal the demotion to the Grievance Review Committee by submitting a request in writing to the Director within 15 calendar days after receipt of the approved statement of reasons for demotion. No later than 10 working days prior to the hearing, the employee shall submit a written statement setting forth his or her position to the Grievance Review Committee, unless the time is extended in writing by the Chair of the Grievance Review Committee.

f) Demotion of Other Employees: The Executive Director may approve the demotion of probationary employees. Notice of demotion shall be served on the employee in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file. The demotion of probationary employees is not subject to appeal.

g) Status of Demoted Employees: A demoted employee shall serve a probationary period in the position to which demoted unless the employee previously held certified status in that classification, in which case the demotion shall be to certified status in the demoted classification.

26 Ill. Adm. Code 212.250 Layoff

a) Layoff Procedure

1. A Director may request the layoff of an employee because of lack of funds, material change in duties or organization, reduced workload or lack of work, or the abolition of the employee's position. Based on classification, division or other designation, the order of layoffs shall be within organizational units justified by operations.

2. A proposed layoff plan prepared by the Director of Administrative Services is subject to the Executive Director's and the Board's approval before becoming effective and shall include the following:

A) A list of all employees in the organizational unit in classifications affected by the layoff plan, showing status and total continuous service for each employee;

B) A list of those employees to be laid off;

C) Performance records of all employees affected by the layoff plan; and

D) An explanation of the organizational unit selected, reflecting division, geographical, operational, and other elements deemed relevant by the Director.

b) Order of Layoff

1. No certified employee may be laid off until all newly-hired probationary employees in the same position classification, work location and organizational unit are terminated.

2. In accordance with the layoff plan submitted under subsection (a), consideration shall be given to performance records and continuous service.

c) Effective Date of Layoff: Unless extraordinary operating conditions or events are specified in the proposed layoff plan, no layoff shall be effective until 10 working days after the Executive Director's and the Board's approval of the layoff plan.

d) Layoff Rights: For a period of six months following the effective date of his or her layoff, a laid off employee shall be notified of any vacancy in the position classification, work location and organizational unit held by the employee at the time of layoff and be given an opportunity to apply for that vacancy.

26 Ill. Adm. Code 212.254 Voluntary Reduction

a) Voluntary Reduction of Certified and Probationary Employees: Certified and probationary employees may voluntarily request or accept assignment to a vacant position in the same organizational unit in a classification having a lower maximum permissible salary. All requests for or acceptances of the voluntary reductions shall be in writing and signed by the employee and be directed to the Director of the organizational unit in which the vacancy exists. No reduction shall become effective without the written approval of the Executive Director and upon delivery to the employee. A certified employee who is assigned and accepts a voluntary reduction shall be certified in the lower classification without serving a probationary period.

b) Certified employees who are subject to layoff shall be advised by the Director of Administrative Services by written notice of the opportunity to request a voluntary reduction. Requests for voluntary reduction must be received prior to the proposed effective date of layoff.

26 Ill. Adm. Code 212.258 Resignation and Reinstatement

a) Resignation: An employee who voluntarily leaves his or her position of employment with the Office shall, except in emergency circumstances approved by the Executive Director, give advance notice of intent not less than 10 working days before the effective date of the resignation. Once an employee submits a resignation, the resignation shall not be revoked unless the revocation is requested by the employee and the revocation is approved by the Executive Director. Resignation in good standing means that the employee gave the required notice, or that emergency circumstances justified failure to do so, and that the employee's conduct and work performance were satisfactory at the effective date of the resignation.

b) Reinstatement: On request of an employee and a Director, the Executive Director shall respond within 30 days after receipt of the request. At his or her discretion, the Executive Director may reinstate an employee who was formerly certified and who resigned or was terminated in good standing or whose position was reallocated downward or who was laterally transferred. The reinstatement may be to a position in the classification to which the employee was assigned prior to resignation, termination, downward allocation, lateral transfer, or layoff or to an equivalent or lower position in a related classification. If deemed necessary by the Executive Director, a reinstated employee may be required to serve a 6-month probationary period in the position to which reinstated.

26 Ill. Adm. Code 212.262 Employee Conduct

a) Standards of Conduct

Employees of the Office shall obey the rules of conduct of this Office and shall be aware that the absence of a specified published rule of conduct covering an act tending to discredit an employee, this Office or the State of Illinois does not mean that act is condoned or permissible or would not call for, and result in, disciplinary action. Any act of violence or threat of violence in the workplace, especially resulting in bodily harm or intent to commit bodily harm to another person, may be cause for immediate discharge.

b) Conflicts of Interest

1. General Provisions

No employee shall violate any law, rule, regulation, policy or standard concerning conflicts of interest nor shall any employee engage in any conduct in which the employee's private interests or involvements are, or may reasonably be construed to be, in conflict with or detrimental to the objective performance of his or her official duties and responsibilities.

2. Disclosure Statements

A) The purpose of the Disclosure Statement required by this subsection is to aid the Executive Director in maintaining the objectivity and impartiality of the conduct of the activities of the Office and, where a potential conflict is unavoidable, to provide for the full disclosure of the facts and circumstances involved.

B) Disclosure Statements shall be confidential. The Office of Administrative Services shall be responsible for the safekeeping of Disclosure Statements. The Executive Director, Assistant Executive Director, General Counsel, the Board and the Director of Administrative Services may review the Disclosure Statements.

C) The Executive Director and Director of Administrative Services shall review all Disclosure Statements. If a potential conflict of interest is found, the statements shall be submitted to the Board for review and response.

D) Each employee shall file a Disclosure Statement with the Division of Administrative Services immediately upon employment and shall re-file statements by May 1 annually thereafter indicating all involvements or relationships that could affect the employee's performance of his or her official duties. Employees shall be under a continuing duty to advise the Director of Administrative Services or his or her designee promptly in writing of any change that would affect an answer given on their current Disclosure Statements or that might affect the objective or efficient performance of their duties.

E) Statement of Economic Interests: Certain employees are required to file a Statement of Economic Interests as provided in the Illinois Governmental Ethics Act [5 ILCS 420/4A-101]. The Ethics Officer shall review completed statements prior to their being filed with the Secretary of State's Index Department.

c) Political Activities

1. Participation in Political Activities

No employee may participate in political activities, with the exception of voting, while in the employment of the State Board of Elections, pursuant to the Election Code [10 ILCS 5/1A-13].

2. Prohibited Activity

Employees shall not, at any time, use, threaten to use or offer to use the influence or authority of their position to coerce or to persuade any person to follow any course of political action or to make any contribution to a political cause.

d) Official Conduct

1. Criticism of Agencies

No employee shall make use of any information gained in the course of employment with the Office to publicly criticize any State, local, or private agency, such as confidential information obtained during the course of employment with the Office, such as information contained in the record of a closed preliminary hearing.

2. Handling Antagonism or Refusals

When an employee is faced with a situation in which a co-worker or any outside source appears hostile or antagonistic or refuses to release information or documentation relevant to the operation of the Office, unless the requested information is deemed privileged, the employee shall report the fact to his or her supervisor. Employees shall at no time threaten or coerce any person.

3. Self-disqualification from Certain Assignments

When an employee receives an assignment involving a person acting as a representative for any public or private agency or involving the entity itself with whom he or she has had business or other relationships of a nature that might impair, or give the appearance of impairing, the employee's impartiality or independence, the employee shall discuss with his or her supervisor the possible need to have the matter reassigned.

4. Use of Identification

Credentials issued to employees are for use only in establishing identity or authority in connection with official duties. An employee shall not allow the use of his or her credentials by any other person.

e) Use of State Time, Position and Property

1. Personal Use Prohibited

An employee is forbidden to use State time, position or property for personal purposes.

2. Protection of Property

An employee has a responsibility to protect and conserve all State property.

3. Liability for Damage or Loss

An employee may be held financially liable for damage or loss of State property resulting from his or her negligent, willful or wanton acts or omissions. Costs for damage to or loss of State property may be deducted from the responsible employee's pay.

4. Reporting Loss or Damage

An employee shall promptly report any loss, theft, or damage to State property or documents in his or her custody to the Director.

5. Return of Equipment

Upon leaving his or her position with the Office, the employee shall return to the Director of his organizational unit all property and credentials assigned to him or her. The Director shall assess the condition of property at the time of its return to assure all equipment is fully operational. At its option, the Office may withhold an employee's final paycheck pending return of State property and credentials assigned to or in the possession of that employee or deduct the value of any property from the departing employee's final paycheck.

f) Disclosure of Official or Confidential Information

1. Testifying and Responding to Subpoenas

When requested or subpoenaed to testify or produce documentation pertaining to confidential information before an executive or legislative commission, a court of law or an administrative tribunal, an employee shall notify the Executive Director and the General Counsel prior to giving the testimony or producing the documentation.

2. Engagements to Speak or Write

A) No employee may accept invitations for public addresses or submit articles for publication that concern the official activities of the Office without obtaining the prior approval of the Director of his or her organizational unit or, in the case of Executive Employees, the Executive Director.

B) An employee may not accept compensation, or permit his or her expenses to be paid by sources other than the State of Illinois, for speaking engagements or writings performed as official duties, except with the prior written approval of the Executive Director.

26 Ill. Adm. Code 212.266 Discipline and Discharge

a) Termination at the Discretion of the Executive Director: Probationary employees who have not obtained certified status and Executive Employees in the Office may be terminated at any time without notice, cause or any right to a hearing, upon the recommendation of the Director of the employee's organizational unit, at the discretion of the Board and/or the Executive Director. Probationary employees who have not obtained certified status in the Office do not have any right to progressive corrective discipline procedures, as set forth in this Section.

b) Progressive Corrective Discipline:

1. Unless grounds clearly are present warranting immediate discharge or suspension pending decision on discharge, employees shall be subject to corrective discipline progressively applied utilizing counseling, warnings, and/or suspensions as the facts and circumstances dictate, prior to discharge. If an employee's work or work-related conduct remains unacceptable after the application of progressive corrective discipline, the employee may be discharged in accordance with this Part. This subsection does not apply to employees subject to subsection (a).

2. Grounds warranting immediate discharge or suspension pending decision on discharge shall include, but are not limited to, violence within the workplace resulting in harm to another person, flagrant insubordination, or threat of violence causing imminent fear of physical harm.

c) Discipline – Written Warnings: A Director or his or her designee may warn an employee either orally or in writing as a disciplinary measure. A copy of any written warning shall be signed by the appropriate Director and placed in the employee's personnel file. A copy of the written warning shall be delivered within three working days after the warning in person or sent by certified mail, return receipt requested, to the last address of the employee appearing in the personnel file. An employee shall have the right to respond to the warning in writing within 10 calendar days after its receipt and any response shall be included in the employee's personnel file.

d) Suspension:

1. A Director or the Executive Director may suspend an employee without pay for up to 30 working days in any 12-month period. A longer suspension may be approved by the Executive Director. The Director or the Executive Director shall provide the employee with written reasons for the suspension in person or sent by certified mail, return receipt requested, to the last address of the employee appearing in the personnel file. The written charges shall be signed by the Director or the Executive Director and contain a clear and concise statement of facts showing cause for the suspension. One copy of the notice of suspension shall be placed in the employee's personnel file and one copy shall be delivered to the Director of Administrative Services. Unless delay will result in clear harm or damage to a division, the employee shall be informed in writing of the proposed suspension and the accompanying reasons, at least four working days prior to the effective date of the suspension. The employee shall have two working days after being informed of the proposed suspension within which to deliver to the Director or the Executive Director written rebuttal to the reasons given for the suspension. A decision not to suspend the employee shall be rendered in writing before the proposed suspension date by the Director or the Executive Director. In the Executive Director's absence, his or her designee shall render a decision.

2. The Executive Director shall have final approval on the decision to suspend or not to suspend an employee, unless the employee to be suspended is a Director. If the employee is a Director, the Executive Director shall follow the procedure in subsection (d)(1) and notify the Board of the intention to suspend. The Board shall have final approval on the decision to suspend or not to suspend a Director.

e) Discharge of Certified Employee:

1. Cause for Discharge: The Director of an employee's organizational unit, with the concurrence of the Executive Director, shall determine if there is cause for discharge consisting of some substantial shortcoming supported by disciplinary documentation that renders the continuance of an employee of the Office in some way detrimental to the discipline and/or efficiency of the Office and that the law or sound public policy recognizes as good cause for the employee to no longer being held in that position.

2. Pre-Termination Notification and Procedures: Before charges for discharge may be brought against any certified, non-Executive Employee, the employee shall be apprised of the basis for this action by the Director and the Executive Director and provided with an opportunity to respond to the charges in accordance with the following standards:

A) The employee shall be notified in writing by the Director and the Executive Director of the intended discharge.

B) A statement of charges in support of the proposed action, full and complete to the Office's knowledge at the time it is drawn, shall be given to the employee, including the name of any known witness and a copy of any document pertinent to the charges.

C) The employee shall have five working days after receipt of the charges in which to respond to them orally or in writing.

D) The Director and the Executive Director shall receive the response of the employee, whether it is oral or written.

E) The employee is entitled to be present and may be accompanied by a representative of his or her choice in any meeting. Only other persons as the Executive Director deems necessary shall be entitled to attend the meeting.

F) The employee, pending the response, may not necessarily be permitted to work or to be present at the Office.

G) The employee or the employee's representative shall be permitted access to a designated, secure area of the work place to investigate the charges and, upon request, be provided a copy of other pertinent documents. The documents may be inspected only in the presence of an authorized employee as designated by the Executive Director.

H) The employee or the employee's representative shall be given the opportunity to interview witnesses prior to the Pre-Termination Meeting.

I) The failure of the employee to respond to the charges within the time limits mentioned in subsection (e)(2)(C), shall not bar the Office from proceeding with the discharge.

J) When the investigation of the charges causes them to be altered in fact, form, context, or reference from those given the employee at the time the notice was issued and for which the employee has not had an opportunity to respond, a second notice and opportunity for response shall be given to the employee within five working days. Employees shall be given the opportunity to respond to the notice within five working days.

3. Suspension Pending Decision on Discharge: The Executive Director may suspend any employee for up to 30 working days pending the decision on whether charges for discharge shall be approved against the employee. The Executive Director shall, at the time of this suspension, provide the employee with written reasons for the suspension in person or by certified mail, return receipt requested, at the employee's last address appearing in the employee's personnel file. The Executive Director shall promptly investigate the facts and circumstances and render a decision. Should the Executive Director determine that the facts and circumstances do not warrant disciplinary suspension or charges for discharge, the employee shall be made whole pursuant to subsection (i). Should the Executive Director determine that discharge of the employee is appropriate, subsection (e)(4) shall apply in its entirety.

4. Discharge of Certified Employee: The Executive Director or his or her designee may, after compliance with subsection (e)(2), initiate discharge of a certified employee by filing signed written charges for discharge. Written charges shall contain a clear and concise statement of facts showing good cause for discharge, and shall be accompanied by a copy of the employee's evaluations. The final notice of discharge shall contain a statement that the response of the certified employee has been considered before a final decision was made, or that no response was submitted. Notice of approved charges for discharge shall be served on the employee, in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

f) Discharge of Probationary Employee: Upon recommendation of the Director of the employee's organizational unit, the Executive Director may approve the discharge or suspension of a probationary employee who has not attained certified status in the Office. Written notice of discharge or suspension shall be delivered to the employee in person or by certified mail, return receipt requested, at the employee's last address appearing in the personnel file.

g) Employee Obligations: Upon receipt by the employee of any disciplinary suspension or charges for discharge, the employee shall immediately leave the place of employment and return to the Director of his or her organizational unit any State Board of Elections identification and keys. The Office shall withhold the employee's final paycheck or take other action to insure compliance.

h) Hearing – Certified Employees: Certified employees who have been served with approved charges for suspension or discharge may appeal to the Grievance Review Committee by submitting a request for hearing in writing within 15 calendar days after receipt of the approved charges for suspension or discharge. No later than 10 working days prior to the hearing, the employee shall submit a written statement to the Executive Director setting forth his or her position, unless the time is extended in writing by the Executive Director.

i) Reinstatement from Suspension or Discharge: An employee reinstated for the period for which he or she was suspended or discharged shall receive full compensation for that period if subsequent investigation results in reversal of the charges. Full compensation shall mean compensation the suspended or discharged employee would have earned in the position during the period of suspension or discharge less any amounts earned by the employee from any other source and any unemployment compensation payments received during that period.

j) Suspension/Discharge Resulting from Arrest or Criminal Indictment:

1. The arrest or criminal indictment of any employee shall not necessarily result in immediate grounds for suspension or discharge. The facts resulting in either an arrest or criminal indictment may be grounds for suspension or discharge if they meet one or more of the following criteria:

A) resulted from an employee's conduct in the course of employment duties, including failure to perform these duties; or

B) occurred on or proximate to Office premises and as a result of the employee's conduct on those premises; or

C) raises reasonable doubt concerning the employee's suitability for continued Office employment in the present assignment or position.

2. If an employee is not subject to suspension or discharge under this subsection (j), upon recommendation of the Director of the employee's organizational unit, the Executive Director may, depending upon the needs of the Office, at the request of the employee, place the employee on indefinite leave status, without pay, pending a final court determination of the charges.

k) When the Executive Director is the Director of an employee's organizational unit, the Executive Director may perform any actions provided for in this Section relative to the employee without any required recommendation of any other Director.

26 Ill. Adm. Code 212.270 Grievance Procedure

a) Grievance: Any certified employee, unless otherwise excepted by this Part, may file a grievance as to the application of this Part or any policy arising under this Part as to the impact of the application upon his or her employment condition or his or her status. The existence of a grievance procedure is not intended to discourage the informal resolution of complaints. The Office intends this procedure to be used infrequently and only for major matters.

b) Grievance Procedure – Limitation: The rules of the Office and the official policy arising under those rules are not subject to grievance. The following are not subject to the grievance process: the discipline, demotion or discharge of executive employees and probationary employees who have not obtained certified status in the Office; the demotion of a certified employee from a position in which he or she is serving a probationary period; layoff; and appointment, discharge, reinstatement, and intra-agency transfers of employees.

c) An employee shall be allowed reasonable time with pay during working hours for the presentation of a grievance, provided that the employee has obtained permission from his or her Director, the employee is currently in active status on payroll, and the employee's absence will not interfere with agency operations.

d) Grievance Procedure – Abandonment – Extension:

1. Failure of either the grievant or the Grievance Review Committee to comply with the form or time requirements of the grievance procedure shall resolve the matter in favor of the other. The parties may mutually extend the time limits in writing at any level of the procedure. However, whenever the last day of a specified time requirement falls on a day on which the Office is closed for regular business, that time requirement shall automatically be extended to the next day on which the Office is open for regular business.

2. An employee's failure to advance a grievance to the next level of this procedure within specified time limits shall mean that the employee has withdrawn the grievance or, if the employee so indicated, accepted the last answer given in the grievance procedure.

e) Grievance Procedure – Steps:

1. Step 1: A grievant shall submit the grievance to the appropriate Director in writing, including the requested resolution to the grievance. The Director shall note the date and time upon receipt of the grievance and shall, within five working days after the grievance is filed, issue a written decision and serve a copy of the decision in person upon the grievant and place a copy of the decision in the employee's personnel file.

2. Step 2: If the grievance is not satisfactorily resolved or no answer is given within the time limit set forth in Step 1, the grievant may submit, within 10 calendar days from the date the Director's decision was due, to the Executive Director a copy of the written statement of grievance submitted in Step 1, along with a request for a grievance hearing.

f) Grievance Review Committee:

1. The Executive Director or Assistant Executive Director shall appoint a Chair. The Chair, no later than five working days following receipt of an employee's request for a grievance hearing, shall appoint a Grievance Review Committee. The Committee shall consist of three members. The Director or the immediate supervisor of the grievant shall not be appointed to the Committee. If the Chair is a party to the grievance or is unavailable, the Executive Director shall designate another committee member to chair the Grievance Review Committee.

2. Immediately upon appointment of the Committee, the Chair shall designate the location, time and date for hearing, which shall be no later than 20 working days after receipt of the employee's request for a grievance hearing. The grievant shall promptly be notified in person or by certified mail, return receipt requested, of the time, date and place of the hearing.

3. The grievant and others who have knowledge of the relevant facts shall have an opportunity to present evidence in person or by written statement, after which the Committee shall meet privately to reach a recommendation. The Chair may require that testimony be given under oath or by sworn affidavit and may be recorded by an audio recording device. In the event the testimony is recorded by an audio recording device, the recording shall be retained in the office of the Director of Administrative Services for a period of three years.

4. The members of the Committee shall reduce to writing their recommendations as to the disposition of the grievance and submit them to the Executive Director within five working days following the hearing. A dissenting member of the Committee may make separate recommendations. All recommendations will bear the signatures of the concurring Committee members. Upon receipt of the recommendations from a Grievance Review Committee, the Executive Director, or his or her designee, shall approve, disapprove or modify the Committee recommendations, render a decision in writing within five working days, and cause a copy of the decision to be served upon the parties. The Executive Director's decision shall be final as to the grievant.

5. The written statement of the employee's grievance, the recommendations of the Grievance Review Committee, and the decision of the Executive Director shall be made part of the grievant's personnel file.

6. The Executive Director, for good cause, may extend any deadline set forth in this subsection (f).

g) Representation: The grievant is entitled to be present and may be accompanied by a representative of his or her choice at the hearing. Only those persons the Chair deems advisable shall be entitled to attend the hearing.

History

• Source: Amended at 36 Ill. Reg. 16785, effective November 16, 2012

26 Ill. Adm. Code 212.274 Sick Leave

a) Accrual: Full-time employees shall earn sick leave at the rate of one day for each calendar month's service. Temporary employees do not earn sick leave. No employee shall accrue sick leave while remaining on the payroll to collect accrued vacation prior to the effective date of termination.

b) Use: Sick leave may be used in quarter hour up to full day increments for illness, disability or injury of the employee, appointments with doctors, dentists or other professional medical practitioners, and in the event of serious illness, disability, injury or death of an immediate family member of the employee. Documentation to substantiate that leave days were used for the purposes stated may be required by the Director if reasonable grounds to suspect abuse exist. In the event an employee does not use any sick leave in any calendar year, the employee shall be awarded one additional personal day on January 1 of the next calendar year after one year of service. A calendar year for the purposes of this provision is the period beginning January 1 and ending December 31 of each year. The additional personal leave shall be used in accordance with Section 212.282.

c) Accumulation: Employees shall be allowed to carry over any unused sick leave allowed under subsection (a), from year to year of continuous service.

d) Payment in lieu of Sick Leave:

1. Upon termination of employment for any reason, or upon indeterminate layoff, an employee or the employee's estate is entitled to be paid for unused sick leave that accrued on or after January 1, 1984 and prior to January 1, 1998, provided the employee is not employed in another position in State service within four calendar days after the termination.

2. Use of Sick Leave

A) For purposes of this subsection (d), sick leave is deemed to be used by an employee within the following priority order:

i) Sick leave earned through December 31, 1983.

ii) Sick leave earned on or after January 1, 1998.

iii) Sick leave earned on or after January 1, 1984 and prior to January 1, 1998.

B) The first earned sick leave shall be the first utilized within each category.

3. In order to determine the amount of sick leave to be paid upon termination of employment, the Office shall:

A) compute the number of sick leave days granted to the employee between January 1, 1984 and December 31, 1997;

B) compute the employee's sick leave balance for that time period at time of termination; and

C) cause lump sum payment to be made for one half of the amount of sick leave in subsection (d)(3)(A) or (B), whichever is the lesser amount, multiplied by the employee's current daily salary rate.

4. An employee who is reemployed, reinstated or recalled from indeterminate layoff and who received lump sum payment in lieu of unused sick days shall have these days restored provided the employee repays at his or her last rate of pay upon return to active employment the gross amount paid by the State for the number of days to be so restored to the employee's sick leave account.

5. The payment provided by this subsection (d) shall not be allowed if the purpose of the separation from employment and any subsequent reemployment is for the purpose of obtaining payment.

6. The accrued leave shall be certified in writing to the employee by the Office. This certification may be held by the employee or forwarded to the Retirement System.

History

• Source: Amended at 39 Ill. Reg. 6712, effective April 22, 2015

26 Ill. Adm. Code 212.278 Vacation Leave

a) Accrual:

1. Full-time employees shall earn vacation leave, accrued monthly on a pro-rated basis in accordance with the following schedule:

A) From the date of hire until the completion of five years of continuous service: 10 days annually.

B) From the completion of five years of continuous service until the completion of nine years of continuous service: 15 days annually.

C) From the completion of nine years of continuous service until the completion of 14 years of continuous service: 17 days annually.

D) From the completion of 14 years of continuous service until the completion of 19 years of continuous service: 20 days annually.

E) From the completion of 19 years of continuous service until the completion of 25 years of continuous service: 22 days annually.

F) From the completion of 25 years of continuous service: 25 days annually.

G) Temporary employees do not accrue vacation leave.

2. No employee shall accrue vacation leave while remaining on the payroll to collect accrued vacation prior to the effective date of termination.

b) Use: Vacation leave may be used in quarter hour up to full day increments. Employees may use vacation leave only upon the approval of a Director, or, if the employee is a Director, upon the approval of the Executive Director. No employee may approve his or her own request for vacation leave.

c) Continuous Service: Computation of vacation leave of Office employees who have interrupted continuous State service shall be determined as though all previous State service that qualified for earning of vacation benefits is continuous with present service.

d) Accumulation: Employees shall not be allowed to accumulate vacation time for more than 24 months after the end of the calendar year in which it is earned. If an employee does not request and take accrued vacation within the 24-month period, vacation earned during that calendar year shall be lost.

e) Payout:

1. Upon leaving employment with the Office, an employee, at his or her option:

A) may be paid in a lump sum for accrued and unused vacation days up to a maximum of 75 days; or

B) may remain on the payroll for the period of time equal to accrued and unused vacation days up to a maximum of 75 days. However, if, during this period, the employee is placed on another State payroll, he or she shall be removed from the Office's payroll. In that event, the employee may receive a lump sum payment for, or transfer to his or her account with the new employer, the remaining balance of his or her maximum accrued vacation days less any vacation days used under this subsection (e)(1)(B).

2. The payment provided by subsection (e)(1)(A) shall not be allowed if the purpose of the separation from employment and any subsequent reemployment is for the purpose of obtaining payment.

3. The payment provided by subsection (e)(1) shall not be deemed to extend the effective date of termination by the number of days represented by the payment. Payment shall be computed by multiplying the number of days (hours) of accumulated vacation by the employee's current daily (hourly) rate. The accrued leave amount shall be certified in writing to the employee and may be held by the employee or forwarded to the Retirement System.

4. Upon the death of a State employee, the person or persons specified in Section 14a of the State Finance Act [30 ILCS 104/14a] shall be entitled to receive from the appropriation for personal services available for payment of the employee's compensation, the sum for any accrued vacation period to which the employee was entitled at the time of death. The sum shall be computed by multiplying the employee's last daily rate of pay by the number of days of accrued vacation due.

History

• Source: Amended at 39 Ill. Reg. 6712, effective April 22, 2015

26 Ill. Adm. Code 212.282 Leave for Personal Business

a) Accrual: Full-time employees shall be permitted 22.5 hours of leave for personal business each calendar year with pay. Full-time employees who enter service with the Office during any calendar year shall be given credit for personal business leave at the rate of 3.75 hours for each two months of service for the calendar year in which hired. Temporary employees do not accrue personal leave. In the event an employee does not use any sick leave in any calendar year, the employee shall be awarded one additional personal day on January 1 of the next calendar year after one year of State service. A calendar year for the purposes of this provision is the period beginning January 1 and ending December 31 of each year.

b) Personal business leave may be used for occurrences or observance of religious holidays, absence due to severe weather conditions, or for other similar personal reasons, but shall not be used to extend a holiday, vacation or other leave without prior approval. Personal business leave may be used by employees in quarter hour up to full day increments. Except for those emergency situations that preclude the making of prior arrangements, personal business leave shall be scheduled sufficiently in advance to be consistent with the Office's operating needs.

c) Carry Over: Personal business leave shall not accumulate or carry over from year to year. If the services of an Office employee are terminated by reason of retirement, disability or death, the employee, or the employee's estate, as the case may be, shall be paid a lump sum for the number of days of leave for personal business that the employee had accumulated but not used as of the date the employee's services were terminated, in an amount equal to one half of the employee's last rate of pay per working day times the number of leave days accumulated. The accrued leave amount paid under this subsection shall be certified by the Office in writing to the employee. This certification shall be held by the employee or forwarded to the Retirement System.

History

• Source: Amended at 39 Ill. Reg. 6712, effective April 22, 2015

26 Ill. Adm. Code 212.286 Leaves of Absence

a) Types

1. Illness: An employee who has expended his or her accumulated sick leave may be granted a leave without pay, provided that he or she submits a required statement from an appropriate health care provider setting forth the reasons for the employee's inability to work. The leave may continue for an appropriate period approved by the Executive Director provided that an appropriate health care provider's statement is submitted within the first 10 calendar days of each month during the leave. The Office shall continue to pay the premiums for the basic (State-paid) health and life insurances for an employee on illness leave until expiration of authorized leave and return to active service, but not to exceed 24 months. Failure to submit a statement from an appropriate health care provider within the first 10 days of each month during the leave could result in termination of the leave.

2. On-the-Job Injury and Service-Connected Disease: An employee who suffers an on-the-job injury or contracts a service-connected disease shall provide notice to the Director and the Director of Administrative Services and be allowed full pay during the first five working days of absence without utilization of any accumulated sick leave or other benefits. Thereafter, the employee shall be permitted to utilize accumulated sick leave or other benefits unless the employee has applied for and been granted temporary total disability benefits in lieu of salary or wages pursuant to the Workers' Compensation Act [820 ILCS 305] or through the State's self-insurance program. In the event the service-connected illness or on-the-job injury becomes the subject of payment benefits provided in the Workers' Compensation Act by the Illinois Workers' Compensation Commission, the courts, the State self-insurance program or other appropriate authority, the employee shall restore to the State the dollar equivalent that duplicates payments made as sick leave or other accumulated benefit time, and the employee's benefit accounts shall be credited with leave time equivalents. Employees whose compensable service-connected injury or illness requires appointments with a doctor, dentist or other professional medical practitioner shall, with supervisor approval, be allowed to go to such appointments without loss of pay and without utilization of sick leave.

3. Family and Medical Leave:

A) Eligibility:

i) Employees who have been employed by the Office for at least 12 months and have worked at least 1,250 hours during the 12 months prior to the start of the federal Family Medical Leave Act of 1993 (FMLA) (29 USC 2601) leave are entitled to up to 12 workweeks leave in any 12-month period for one or more of the following reasons:

● because of the birth of a son or daughter of the employee and in order to care for the child;

● because of the placement of a son or daughter with the employee for adoption or foster care;

● to care for the spouse, or a son, daughter, or parent of the employee, if the spouse, son, daughter or parent has a serious health condition;

● because of a serious health condition that makes the employee unable to perform the function of the position of the employee.

ii) Spouses employed by the Office may be limited to a combined total of 12 workweeks of family leave for the birth and care of a child, placement of a child for adoption or foster care, or to care for an employee's parent who has a serious health condition.

B) Use: The entitlement to leave under subsections (a)(3)(A)(i) and (iii) expires at the end of the 12-month period beginning on the date of the birth or placement of a son or daughter. The entitlement to leave under subsections (a)(3)(A)(iii) and (iv) may be taken intermittently when medically necessary and when scheduled, so as to not unduly disrupt the Office's operations.

C) Benefits: Family and medical leave shall be unpaid. All accrued paid sick time must be exhausted before any unpaid FMLA leave time may be utilized. The employee may choose to substitute accrued paid vacation, personal and/or compensatory time for unpaid FMLA leave. If the employee elects not to substitute his or her accrued paid vacation, personal or compensatory time for unpaid FMLA leave, the employee remains entitled to previously accrued or earned paid vacation, personal or compensatory time. Paid benefit time utilized for FMLA purposes will be counted toward the 12-week FMLA entitlement. The Office shall continue to pay the premiums for the basic (State-paid) health and life insurances for an employee on family and medical leave.

D) Restoration: Employees who take leave under this subsection (a)(3) shall be returned to the same or equivalent position with equivalent benefits, pay and other terms and conditions of employment as held by the employee when the leave commenced.

E) Optional Extension: Family and medical leave may be extended up to a total of six months in any 12-month period at the discretion of the Executive Director.

F) Notice and Certification: An employee shall provide the Office with not less than 30 days' notice of the employee's intent to take family and medical leave, or other notice as is practical under the circumstances. Documentation supporting the reasons for taking a leave may be required. The Office may obtain a second opinion from a health care provider of its choosing. Authorization from an appropriate health care provider to return to work may be required.

G) The terms and conditions of family and medical leave shall be governed by the Federal Family and Medical Leave Act of 1993.

H) In determining whether a veteran meets the FMLA eligibility requirement, the months employed and the hours that were actually worked for the Office shall be combined with the months and hours that would have been worked during the 12 months prior to the start of the leave requested but for the military service.

4. Administrative Leave: The Executive Director may grant administrative leaves of absence to employees for purposes deemed appropriate. The Executive Director shall determine the duration of the leave and whether the leave shall be with or without pay, full or partial, and with or without State-paid benefits.

5. Excused Absence: An employee may be granted an excused absence with pay upon the approval of the Director to whom the employee reports.

6. Military, Job Corps and Peace Corps Leaves: Leaves of absence shall be allowed employees who enter military service, the Peace Corps or the Job Corps as provided below and as may be required by law.

A) Military Service Leave: Leave of absence without pay shall be granted to all employees who leave their positions and enter military service for four years or less (exclusive of any additional service imposed pursuant to law). An employee shall be restored to the same or a similar position on making application to the Executive Director within 90 days after separation from active duty or from hospitalization continuing after discharge for not more than one year. The employee must provide evidence of satisfactory completion of training and military service when making application for reinstatement and be qualified to perform the duties of the position. Continuous service and reemployment rights for veterans subject to federal law shall be as provided in the Uniformed Services Employment and Reemployment Rights Act (38 USC 4301 et seq.).

B) Military Reserve Training Leave:

i) Any full-time employee of the Office, other than an independent contractor, who is a member of any reserve component of the United States Armed Forces or of any reserve component of the Illinois State Militia, shall be granted leave from Office employment for any period actively spent in military service, including:

● basic training;

● special or advanced training, whether or not within the State and whether or not voluntary; and

● annual training.

ii) During the leaves, the employee's seniority and other benefits shall continue to accrue. During leaves for annual training, the employee shall continue to receive his or her regular compensation as a State employee. During leaves for basic training and for up to 60 days of special or advanced training, if an employee's compensation for military activities is less than his or her regular compensation as a State employee, he or she shall receive his or her regular compensation as a State employee minus amount of his or her base pay for military activities.

C) Federal or State Active Duty/Emergency Call Up: Any member of the National Guard employed by the Office whose absence from a position of employment is necessitated by reason of being called to State Active Duty, whether or not voluntary, shall be entitled to reemployment rights and benefits and other employment benefits as provided under the Illinois National Guard Employment Rights Law [20 ILCS 1805/Art. V] or the Uniformed Services Employment and Reemployment Rights Act (38 USC 4301) any other applicable State law, regulation or policy. Except as otherwise provided by law, a member entitled to reemployment upon completion of a period of Federal or State Active Duty shall be promptly reemployed in the position of employment that he or she left with the same increases in status, seniority and wages that were earned during the period of Federal or State Active Duty by employees in like positions who are on the job at the time the returning member entered Federal or State Active Duty, or to a position of like seniority, status and pay, unless the Office's circumstances have so changed as to make it impossible or unreasonable to do so. Any member of the National Guard who is reemployed or seeks reemployment to a position of employment under this subsection (a)(6)(C) shall be considered as having been on furlough or leave of absence during Federal or State Active Duty and shall be reemployed without loss of seniority and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices related to employees on furlough or leave of absence in effect at the time the member entered Federal or State Active Duty.

D) Active Duty Pay: Any full-time employee of the State of Illinois, other than an independent contractor, who is a member of the Illinois National Guard or a reserve component of the United States Armed Forces or the Illinois State Militia and who is mobilized to active duty shall continue during the period of active duty to receive benefits and regular compensation as a State employee, minus an amount equal to his or her military active duty base pay. The terms and conditions of active duty leave shall be as determined by the Department of Central Management Services and the State Comptroller. Employees on active duty leave retain all rights to reemployment benefits, including insurance.

E) Certification of Leave: To be eligible for military leave or emergency call-up pay, the employee must provide certification from the commanding officer of his or her unit that the leave taken was for either such purpose.

F) Leave for Military Physical Examinations: Any employee drafted into military service shall be allowed up to three days leave with pay to take a physical examination required by the draft. Upon request, the employee must provide the Office with certification by a responsible authority that the period of leave was actually used for that purpose.

G) Peace Corps or Job Corps Enrollees Continuous Service: Any employee who volunteers and is accepted for service in the overseas or domestic Peace Corps or Job Corps shall be given a leave of absence from State employment for the duration of the initial period of service. The employee shall be restored to the same or similar position provided that the employee returns to employment within 90 days after the termination of service or release from hospitalization for a Peace Corps or Job Corps service-connected disability, in which case a physician's statement shall be provided to the Office.

H) Veterans Hospital Leave: An employee who is also a veteran shall be permitted two days with pay per year to visit a veteran's hospital for examination of a military service-connected disability. The two days shall not be charged against any sick leave currently available to the employee.

7. Disaster Service Volunteer Leave: Any employee who is a certified disaster service volunteer of the American Red Cross or assigned to the Illinois Emergency Management Agency in accordance with the Illinois Emergency Management Act, the Emergency Management Assistance Compact Act, or other applicable administrative rules may be granted leave from work with pay for not more than 20 working days in any 12-month period to participate in specialized disaster relief services for the American Red Cross or for the Illinois Emergency Management Agency, as the case may be, upon the request of the American Red Cross or the Illinois Emergency Management Agency for the services of that employee and, upon the Executive Director's approval, the employee shall be granted disaster service volunteer leave without loss of seniority, pay, vacation time or any other employee benefit.

8. Attendance in Court: Any employee called for jury duty or subpoenaed by any legislative, judicial, or administrative tribunal shall be allowed time away from work with pay for these purposes. Upon receiving the sum paid for jury service or witness fee, the employee shall submit the warrant, or its equivalent minus the amount paid for mileage, to the Fiscal Office to be returned to the fund in the State Treasury from which the original payroll warrant was drawn; provided, however, an employee may elect to fulfill the call or subpoena on accrued time off and retain the full amount received for the service.

9. Parental Leave

A) All employees will be eligible for 10 weeks (50 work days) of paid parental leave, per six-month period which begins upon birth, for each pregnancy resulting in births or multiple births. Proof of pregnancy must be provided to Administrative Services no later than the 24th week of pregnancy. Proof of a parent-child relationship (birth certificate or other appropriate documentation) must be provided to Administrative Services for a non-covered spouse.

B) All employees will be eligible for 10 weeks (50 work days) of paid parental leave per six-month period for a new adoption. Employees must notify Administrative Services that the adoption has been initiated. If the adoption occurs after foster placement, the leave is permitted only if the child or children has/have not resided with the employee for more than three years. The six-month leave period begins either:

i) when physical custody of the child or children has been granted to the employee, provided that the employee can show that the formal adoption process is underway; or

ii) in cases of adoption following foster placement, upon filing of the Petition for Adoption.

C) Parental leave must be exhausted no later than six months after the birth or adoption of the child.

10. Educational Leave: The Executive Director may grant an employee an educational leave of absence for the purpose of engaging in a training course. No educational leave may be granted unless, in the Executive Director's judgment, the training course would benefit the Office by improving the employee's qualifications to perform the duties of the employee's position in Office service. During a period of educational leave, only State-paid health benefits and life insurance benefits shall continue as provided under Section 10(c) of the State Group Insurance Act [5 ILCS 375].

11. Organ Donor/Blood Donor Leave:

A) Upon request and approval by the Office, an employee may be entitled to organ donor and/or blood donor leave with pay as follows:

i) up to 30 days of organ donation leave in any 12-month period to serve as a bone marrow or organ donor. Medical documentation of the proposed organ or bone marrow donation shall be required before the leave is approved by the Director;

ii) up to one hour to donate blood every 56 days. Medical documentation to substantiate the use of leave time for this purpose may be required;

iii) up to two hours to donate blood platelets in accordance with appropriate medical standards established by the American Red Cross or other nationally recognized standards. Leave to donate blood platelets may not be granted more than 24 times in a 12-month period.

B) An employee may not be required to use accumulated sick or vacation leave time before being eligible for leave under this subsection (a)(11). Medical documentation to substantiate the use of leave time for these purposes may be required.

12. Leave Due to Domestic or Sexual Violence: An employee who is a victim of domestic or sexual violence or who has a family or household member who is a victim of domestic or sexual violence whose interests are not adverse to the employee as it relates to the domestic or sexual violence may be entitled to take up to 12 workweeks of unpaid leave during any 12-month period for the purposes and under the terms and conditions provided in the Victims' Economic Security and Safety Act [820 ILCS 180] and implementing regulations (56 Ill. Adm. Code 280).

b) Employee Rights After Leave: When an employee returns from a leave of absence of six months or less, the Office shall return the employee to the same or similar position in which the employee was incumbent prior to the commencement of leave, provided that all requirements for substantiation of use of leave or physical fitness have been furnished and that application for reassignment is made within the specified time limit of the leave. When an employee returns from a leave of absence exceeding six months in duration, other than leave of absence granted under subsection (a)(6), and there is no vacant position in the same position classification in which the employee was incumbent prior to the commencement of leave, the employee may be laid off. An employee returning from a leave of absence under subsection (a)(6) shall be returned to the same or similar position in which the employee was incumbent prior to the commencement of leave, provided that all requirements for substantiation of use of leave or physical fitness have been furnished, that application for reassignment is made within the specified time limits of the leave, and that the Office's circumstances have not changed so as to make reassignments impossible or unreasonable.

c) Failure to Return: Failure of an employee to return from leave within five working days after the expiration or termination date of a leave, whichever is applicable, may be cause for discharge. Leave shall automatically terminate upon the employee's securing other employment during the leave period. It shall be the employee's responsibility to notify the Director and the Director of Administrative Services of other employment.

d) Accrual and Retention of Continuous Service during Certain Leaves: During the following leaves, an employee shall retain and accrue continuous service, provided appropriate application and return is made as required by this Section: family and medical leave; educational leave; administrative leave; military leave; Peace Corps or Job Corps leave; disaster service volunteer leave; or service-connected disability leave.

History

• Source: Amended at 46 Ill. Reg. 18866, effective November 3, 2022

26 Ill. Adm. Code 212.290 Holidays

a) Authorized Holidays: All full-time employees shall have time off, with full salary payment, on the day designated as a holiday for the following:

1. New Year's Day

2. Martin Luther King Day

3. Lincoln's Birthday

4. Washington's Birthday (President's Day)

5. Memorial Day

6. Independence Day

7. Labor Day

8. Columbus Day

9. Veteran's Day

10. Thanksgiving

11. Christmas Day

12. General Election Day (on which members of the House of Representatives are elected). Notwithstanding, employees who are required to work regular hours on General Election Day shall be granted one and one-half days of compensatory time (11.25 hours). Employees who are required to work a 12-hour shift on General Election Day shall be granted two days of compensatory time (15.0 hours). Temporary employees shall not be compensated for non-working days or holidays.

13. Any additional days proclaimed by the Governor of the State of Illinois or the President of the United States.

b) Holiday Observance: Where employees are scheduled and required to work on a holiday, equivalent time off shall be granted within the following 12-month period at a time convenient to the employee and consistent with the Office's operating needs.

c) Holiday during Vacation: When a holiday falls on an employee's regularly scheduled work day during the employee's vacation period, an extra day shall be added to the employee's accumulated vacation days.

History

• Source: Amended at 42 Ill. Reg. 5024, effective February 28, 2018

26 Ill. Adm. Code 212.294 Overtime

a) Overtime: For those positions that are not considered executive, administrative or professional as defined under the provisions of 29 CFR 541 and for those executive, administrative or professional positions for which compensatory time is authorized by the Executive Director, authorized work in excess of the scheduled workweek as established by subsection (a)(2) shall be overtime. Overtime may be compensated in cash or compensatory time.

1. Each Director shall determine the need for and establish an overtime schedule that recognizes the unique mission and workload of the organizational unit. The Executive Director may require employees to work overtime or at times other than their regular work schedule to meet workloads or service requirements of the Office.

2. The definition of a scheduled workweek is as follows:

A) The Springfield office's regularly scheduled work hours shall be 37.5 hours, Monday through Friday, 8:00 A.M to 4:30 P.M.

B) The Chicago office's regularly scheduled work hours shall be 37.5 hours, Monday through Friday, 8:30 A.M. to 5:00 P.M.

C) Scheduled work hours for employees on an approved flex-time work schedule, as approved by the Executive Director, shall be reflected as designated by the Executive Director.

b) Compensatory Time: An employee's overtime accumulations shall be liquidated by the utilization of compensatory time off, when that utilization is practical. Compensation shall be made at a straight-time rate for work in excess of the scheduled workweek but less than a 40 hour workweek. For those positions that are not considered executive, administrative or professional, work in excess of a 40 hour week shall be compensated at time and one-half. For those employees in professional positions for which compensatory time is authorized by the Executive Director, work in excess of a 40 hour week shall be compensated on an hour for hour basis.

c) Compensatory Time Schedule: Compensatory time must be pre-approved by the Director of the employee's organizational unit, the Executive Director or the Assistant Executive Director.

d) Overtime Compensation Liquidation: Whenever it is not practical to liquidate an employee's overtime with compensatory time off, or whenever the employee's accrued compensatory time exceeds 240 hours, the employee shall be reimbursed on normal payroll, subject to withholding, at the employee's current rate of pay. Payment shall be made at a straight-time rate for work in excess of the scheduled workweek but less than a 40 hour workweek. For those positions that are not considered executive, administrative or professional, work in excess of a 40 hour workweek shall be paid at time and one-half. For those employees in professional positions for which compensatory time is authorized by the Executive Director, work in excess of a 40 hour week shall be compensated on an hour for hour basis.

e) Overtime − Accumulation: All employee overtime compensation shall be liquidated by the end of the fiscal year unless prior approval is obtained by the Executive Director to extend the time period.

f) All overtime records shall be approved by the Director and kept in the Office of Administrative Services and entered on the monthly Time and Attendance System.

26 Ill. Adm. Code 212.298 Interpretation and Application of Rules

The Executive Director shall determine the proper interpretation and application of each provision of this Part. The decision of the Executive Director as to the proper interpretation or application of any rule shall be final and binding upon all affected employees unless modified or reversed by the Grievance Review Committee, the courts or an administrative tribunal.

26 Ill. Adm. Code 212.299 Savings Clause

If any Section or part of any Section of this Part shall be held invalid, the remaining provisions of the Part shall have and be given full force and effect as completely as if the invalidated part had not been included therein.

Part 213 Cyber Navigator Program

26 Ill. Adm. Code 213.10 General Provisions and Definitions

a) The State Board of Elections shall provide by rule, after at least 2 public hearings of the Board and in consultation with the election authorities, a Cyber Navigator Program to support the efforts of election authorities to defend against cyber breaches and detect and recover from cyber-attacks. The rules shall include the Board's plan to allocate any resources received in accordance with the Help America Vote Act of 2002 (HAVA) Pub. L. No. 107–252, 116 Stat. 1666 (codified at 42 USC 15301 et seq. (2002)) and provide that no less than half of any funds received shall be allocated to the Cyber Navigator Program. The Cyber Navigator Program will be designed to provide equal support to all election authorities, with allowable modifications based on need. The remaining half of the Help America Vote Act funds shall be distributed as the State Board of Elections may determine, but no grants may be made to election authorities that do not participate in the Cyber Navigator Program. (Section 1A-55 of the Code)

b) Definitions

"Board" − The Illinois State Board of Elections.

"Code" − The Illinois Election Code [10 ILCS 5].

"Compromised" − The state in which a computer system, network, or data has had its integrity, availability, or confidentiality undermined by an attacker.

"Cyber" − Of, relating to, or involving computers or computer networks (such as the internet).

"Cyber Navigator" − Cybersecurity personnel directed by the State to enhance the cybersecurity posture of election jurisdictions.

"Cybersecurity" − The activity, process, ability, capability, or state by which information and communications systems and the information contained in those systems are protected from, and/or defended against, damage, unauthorized use or modification, or exploitation.

"Cybersecurity Posture" − Overall cyber security strength, particularly as it relates to the internet and vulnerability to outside threats.

"Database" − A structured set of data held in a computer, especially one that is accessible in various ways.

"Department of Innovation and Technology" or "DoIT" − The State agency with responsibility for the information technology (IT) functions of agencies under the jurisdiction of the Governor. This term also includes the agency tasked with managing the Illinois Century Network.

"EI-ISAC" − The Elections Infrastructure Information Sharing and Analysis Center.

"Illinois Century Network" or "ICN" − A service that creates and maintains high speed telecommunications networks providing communication links to and among Illinois schools, institutions of higher education, libraries, museums, research institutions, State agencies, units of local government, and other local entities providing services to Illinois citizens.

"MS-ISAC" − The Multi-State Information Sharing and Analysis Center.

"Phishing" − The fraudulent attempt to obtain sensitive information such as usernames, password and credit card details, often for malicious reasons, by disguising as a trustworthy entity in an electronic communication.

"STIC" − The Statewide Terrorism and Intelligence Center

"Spear-phishing" − A more targeted form of phishing in which attackers first gain knowledge of their intended target and in which the intended target is a small group or individual.

"Whitelist" − A list of items that are granted access to a certain system or protocol. When a whitelist is used, all entities are denied access, except those included in the whitelist.

c) The Board will use no less than half of the funds from the 2018 HAVA Election Security Grant to implement the Cyber Navigator Program as provided in this Part.

26 Ill. Adm. Code 213.20 Infrastructure – Illinois Century Network (ICN) Connectivity

a) The Board will modify the Statewide voter registration database, including the electronic canvas transmissions, to allow for connection from local election jurisdictions via an ICN established internal network.

1. The Board will make a reasonable effort for all direct connectivity to the Board's Statewide registration database to be from known whitelisted IP addresses.

2. Once all jurisdictions are connected via the ICN, the Board will require all system traffic between the election jurisdiction and the Board to use private IP addressing.

b) Each election jurisdiction participating in the Cyber Navigator Program shall connect to the Board's Statewide voter registration database via the ICN.

c) The Board will take the appropriate steps to establish an Interagency Agreement with DoIT to provide the election jurisdictions access to a reliable ICN connection, for the purposes outlined in this Section.

d) The Board shall take all reasonable steps to have DoIT provide such protective services as listed below to each election authority's connection on the ICN.

1. A firewall shall be configured such that it provides protections for the election authority's connection through the ICN.

2. Software shall be installed to provide protection against attempted Distributed Denial of Service Attacks (DDoS).

3. Election jurisdiction connections on the ICN shall be eligible to receive DoIT's Security Operation Center (SOC) 24/7 monitoring.

4. Election jurisdiction connections shall have Albert Sensor, or comparable device, intrusion detection.

e) If the ICN experiences a technical failure in excess of one hour, the Board will provide local election authorities with access to voter registration and Cyber Navigator applications and data through an alternative secured connection for the duration of the technical failure.

History

• Source: Amended at 49 Ill. Reg. 9781, effective July 11, 2025

Chapter I State Board of Elections

Part 213 Cyber Navigator Program

26 Ill. Adm. Code 213.30 Outreach - Cyber Security Information Sharing

The Board shall establish an Interagency Agreement with the Illinois State Police's Statewide Terrorism and Intelligence Center (STIC) to develop a cyber security outreach and/or awareness program. The Interagency Agreement shall include the following:

a) The Board shall hire at least one individual as the Program Manager and he/she shall:

1. Work with the Cyber Navigators to compile relative information for distribution to all affected parties.

2. Be assigned to STIC as the coordinator for conducting outreach to county election officials and election boards in the State of Illinois.

3. Contact or meet each county election official and election board commission staff. The Program Manager shall use already established professional associations and networks to facilitate the communication.

4. Identify the election official and person in charge of IT in each county and shall also identify the election board commissioners' person in charge of IT.

5. Process applications for those who have a "need to know" to receive information classified as For Official Use Only. The Program Manager shall maintain a database of these persons.

6. Disseminate information on "best practices" identified by DoIT or the Cyber Navigators to each county election official and election board or commission staff.

7. Share cyber-related information with the county election officials, election boards, and those in charge of the IT of those officials/boards/commissions. This information will come from a variety of sources, including, but not limited to: FBI, Department of Homeland Security, MS-ISAC, STIC. The Program Manager shall identify the official's/board's/commission's information needs and ensure these requirements are being met.

8. On a daily basis, research and gather information pertinent to cyber attacks and cyber resiliency. The Program Manager shall disseminate information daily by e-mail to vetted partners and produce intelligence notes based on information received from program participants by researching, validating, and analyzing the data.

9. Serve as a resource to assist county election officials and election boards with information on who to contact (e.g., STIC, FBI, DHS, MS-ISAC, DoIT, and the Illinois National Guard) regarding response to cyber attacks. STIC already has relationships with these entities.

10. Facilitate training webinars and conferences for information sharing.

11. Provide routine administrative updates to the Board and produce an annual report assessing the effectiveness of the program.

12. Be responsible for maturing the program.

13. Oversee security awareness training for election authorities and their staff.

b) Participants in the Cyber Navigator Program shall at least once per calendar year complete an online security awareness training on common areas of vulnerabilities, including spear-phishing and phishing assessments.

c) Data Sharing Related to a Known Compromise of an Election System

1. Election authorities shall notify the Board as soon as reasonably possible in the event of a security compromise related to any of their election systems.

2. The Board shall notify all election authorities as soon as reasonably possible in the event of a security compromise related to the Board's statewide registration database.

26 Ill. Adm. Code 213.40 Personnel - Cyber Navigators

a) The Board shall take steps to pursue entering into an interagency agreement with DoIT to provide cyber security personnel resources for an election jurisdiction cyber assistance program. These personnel will be known as Cyber Navigators and they:

1. shall work to increase election jurisdictions' cyber security posture;

2. analyze system and network documentation for accuracy;

3. recommend that software updates and patches are regularly applied to information systems;

4. make recommendations for secure e-mail accounts and best practices regarding these accounts;

5. provide guidance for anti-malware tools and their deployment on both servers and workstations;

6. perform risk assessments for each election jurisdiction;

7. assist jurisdictions and/or their IT departments with assessing their systems based on the Center for Internet Security's recommended procedures.

b) The proposed interagency agreement will direct DoIT to provide 9 Cyber Navigators on a personal services contract basis for an initial 12 month "startup" phase. The ongoing need will be evaluated as the program matures. The Board shall pay the associated costs (payroll, travel, etc.) using 2018 HAVA Election Security Grant funds, if available. The duties of these individuals is outlined in subsection (a).

26 Ill. Adm. Code 213.50 Participation in Cyber Navigator Program

In order for an election authority to be eligible for funds from the 2018 HAVA Election Security Grant, the jurisdiction must participate in the Cyber Navigator Program. Election authorities participating in the Cyber Navigator Program shall submit a completed Certification of Participation in the program that must be received by the Board no later than March 15, 2019 to be eligible for funds from the 2018 HAVA Election Security Grant.

a) Election Authority Minimum Requirements

1. The election authority must utilize the ICN for connectivity to the Board as outlined in this Part or enter into an agreement to do so as soon as practicable.

2. The election authority must participate in the outreach portion of the program, including:

A) Register with at least the Election Infrastructure EI-ISAC;

B) Work with the Program Manager to establish two-way data sharing; and

C) At least one designee from the election authority shall complete the security awareness training on at least a yearly basis as outlined in Section 213.30(b).

3. The election authority shall allow the Cyber Navigators to complete a risk assessment and an analysis against the Center for Internet Security's recommended procedures.

b) Program Manager/Cyber Navigator Requirements

1. The Program Manager shall provide in writing to the Board verification for each election authority that has met its requirements as outlined in subsection (a).

2. The Cyber Navigator shall provide in writing to the Program Manager verification for each election authority under review by that Navigator that has met the requirements outlined in subsection (a)(3).

Part 216 Registration of Voters

26 Ill. Adm. Code 216.10 Applicability

a) This Part implements the National Voter Registration Act of 1993 (42 U.S.C. Sections 1973gg et seq.) and the order of the Circuit Court of Cook County entered May 1, 1996 in Or, et al., v. Edgar, et al. 95 CO 246 and 95 CO 248 (Consolidated).

b) The requirements and procedures contained in this Part apply to election authorities accepting or transmitting Voter Registration Applications under the provisions of the National Voter Registration Act of 1993 and/or maintaining voter registration records under the provisions of Articles 4, 5, 6, and 6A of the Election Code.

c) The provisions of this Part are additional to any other method or provision for registration to vote contained in the Illinois Election Code [10 ILCS 5].

d) Unless a provision to the contrary is made by this Part, the requirements of the Election Code remain applicable to voter registration cards and to Voter Registration Applications.

26 Ill. Adm. Code 216.20 Definitions

"Applicant" – An applicant for purposes of this Part is a person who:

appears in person to request the Secretary of State of Illinois to issue a driver's license, including renewals and change of address or an identification card;

appears in person to sign a request to receive public assistance or to renew a request for public assistance, or certify that he or she remains eligible for public assistance from a township government in counties under township organization, or from the county commissioners of a county not under township organization;

meets the definition of an applicant under the statutes or rules which govern the administration of certain social services programs administered by designated agencies of the State of Illinois; or

submits directly to an election authority a Voter Registration Application designed by the Illinois State Board of Elections or the National Mail Voter Registration Booklet designed by the United States Federal Election Commission.

"Application" or "Voter Registration Application" – An application or Voter Registration Application for the purposes of this Part is an Illinois Voter Registration Application designed by the Illinois State Board of Elections or the National Mail Voter Registration Booklet designed by the United States Federal Election Commission or a document with identical purpose and conforming to the requirements of the National Voter Registration Act of 1993 and this Part generated by the Illinois Secretary of State, a designated agency, or an election authority.

"Deputy registrar" – A deputy registrar is a person appointed by an election authority for the limited and particular purpose of registering persons to vote in all elections in Illinois by use of the triplicate registration card. For purposes of this Part deputy registrar does not include an employee or contractor of the Secretary of State, designated agency, or township supervisor or county commissioner who accepts Voter Registration Applications but who is not so appointed, or any armed forces personnel designated by the United States Department of Defense to accept Voter Registration Applications not so appointed.

"Designated agency" – A designated agency is an agency of the State of Illinois or its contractors selected by the Governor of the State of Illinois to provide an opportunity to its clients to register to vote at the time the client applies for, reapplies for, or is recertified for services from one or more programs administered by the agency.

"Election authority" – An election authority is a city board of elections commissioners, a county board of elections commissioners, or a county clerk in counties not under the management of a county board of elections commissioners.

"Federal election" – For purposes of voter registration and voting by voters on inactive status, a federal election is a general or special election, including primary elections, for any federal office and a presidential preference primary election. For purposes of maintaining on inactive status voters who have registered to vote once transferred to inactive status and for keeping statistics required by Section 216.80 of this Part with respect to Voter Registration Applications, a federal election is a general election, excluding the general primary election.

"Federal office" – Federal office includes electors to elect the President and Vice-President of the United States, United States Senators and Members of the United States Congress.

"Inactive voter" – An inactive voter is a person who, having once submitted a Voter Registration Application subsequently acknowledged by the election authority having jurisdiction over the voter's place of residence, or a registration card, has not responded to a notice to confirm his or her address, but whose authority to vote has not yet been canceled.

"Non-discriminatory" – Non-discriminatory means without intentionally differing treatment of an individual by reason of his or her racial, religious, ethnic, political party, gender, or linguistic characteristics, or without intentional or unintentional disparate impact upon a group of persons identified by racial, religious, ethnic, political party, gender or linguistic characteristics.

"Record" – A record is a Voter Registration Application which has been accepted and acknowledged by an election authority. Record includes Voter Registration Applications which have been placed in a file of inactive voters, but does not include rejected or unacknowledged Voter Registration Applications.

"Secretary of State" – Secretary of State means the Division of Driver Services of the Office of the Illinois Secretary of State.

"Voter Registration Card" – A Voter Registration Card is a voter registration card authorized by the Illinois Election Code and used by election authorities to enroll voters to vote prior to the enactment of the National Voter Registration Act of 1993 and presently.

26 Ill. Adm. Code 216.30 Receipt of Voter Registration Applications

a) This Section implements Sections 4, 5, 6, and 7 of the National Voter Registration Act of 1993 (42 U.S.C. Sections 1973gg-2, gg-3, gg-4, and gg-5) and the order of the Circuit Court of Cook County entered May 1, 1996 in Or, et al., v. Edgar, et al. 95 CO 246 and 95 CO 248 (Consolidated).

b) Each election authority is authorized and directed to accept Voter Registration Applications tendered to it under circumstances complying with the provisions of the National Voter Registration Act of 1993, by the Secretary of State, designated agencies, county clerks and Board of Election Authorities and their employees and deputy registrars, township supervisors, county commissioners of counties not under township organization, recruitment offices of the United States Department of Defense and individual applicants using the United States Postal Service.

c) Each Voter Registration Application so accepted shall be processed by the election authority according to the provisions of the National Voter Registration Act of 1993, and each Voter Registration Application acknowledged by an election authority shall entitle the applicant to vote in all elections conducted in the State of Illinois under the Illinois Election Code.

d) Each election authority shall acknowledge every Voter Registration Application and Voter Registration Card which conforms to the requirements of the National Voter Registration Act of 1993 and this Part submitted by qualified voters as defined by 10 ILCS 5/3-1. Voter Registration Applications and Voter Registration Cards not conforming to the requirements of the National Voter Registration Act of 1993 shall be processed according to this Part.

26 Ill. Adm. Code 216.40 Maintaining Voter Records

a) This Section implements Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. Sections 1973gg-5 and gg-6) and the order of the Circuit Court of Cook County entered May 1, 1996 in Orr, et al. v. Edgar, et al., 95-CO-246 and 95-CO-248 (Consolidated).

b) Each election authority shall enter any Voter Registration Application it acknowledges into its master file of registered voters.

c) Each election authority shall make a copy of each Voter Registration Application it acknowledges and place such copy in the precinct binder of the precinct in which the applicant resides, or, where voter registration data is kept by signature digitization systems, enter such data into the signature digitization system.

d) At each election it conducts, each election authority shall send to each precinct polling place in its jurisdiction the precinct binder for that precinct or such list of eligible voters prepared by a signature digitization system as may be allowed by statute and rule of the State Board of Elections.

e) Beginning January 1, 1998, each election authority shall, at each election it conducts, prepare for each precinct polling place in its jurisdiction, a list or file of all Voter Registration Applications and Voter Registration Cards that have been transferred to inactive status in that precinct. Such list shall either, in the discretion of the election authority, include or be entirely composed of a computer-generated list of the electronically stored Voter Registration Applications and Voter Registration Cards of that precinct. The information to be included in the computer stored data shall be the name, address, date of birth, last four digits of the social security number and a computer-generated duplicate of the signature of the applicant. Such list, to the extent that it is not composed of a list generated from electronically stored data, shall consist of copies of Voter Registration Applications and duplicate Voter Registration Cards.

f) Each election authority shall keep all records concerning the implementation of programs and activities conducted to maintain the accuracy and currency of voter registration files for at least two years. Such records shall be made available to the public for inspection and where facilities permit, copies shall be provided at reasonable cost. However, nothing in this Section or any other to the contrary withstanding, information that relates to a voter's declination to register or identifies the agency through which a voter registered shall remain confidential.

g) Election authorities shall maintain a list of all voters to whom a forwardable confirmation of address notice has been sent. Such list shall note whether the voter has responded to the notice. The list shall be made available to the public and be current as of the date the request for public inspection is made.

h) Not earlier than February 1 and not later than March 1 of each odd-numbered year, each election authority shall report to the State Board of Elections the number of forwardable confirmation of address notices mailed and the number of responses received between the two previous federal elections.

i) After April 1, 1999 no election authority shall employ any electronic data storage or processing system for registration records which will not operate correctly after January 1, 2000.

History

• Source: Amended at 23 Ill. Reg. 3948, effective March 19, 1999

26 Ill. Adm. Code 216.50 Canceling Voter Registrations

a) This Section implements Section 8 of the National Voter Registration Act of 1993 (42 U.S.C Sections 1973gg-5 and gg-6) and the order of the Circuit Court of Cook County entered May 1, 1996 in Or, et al., v. Edgar, et al. 95 CO 246 and 95 CO 248 (Consolidated).

b) No voter registration may be canceled without following the procedures and providing the notice of suspension or cancellation required by Section 8(a) through (d) of the National Voter Registration Act of 1993. The Voter Registration Application or the Voter Registration Card of an inactive voter who has not voted in two consecutive general federal elections shall be canceled at the completion of procedures set forth in Section 8(d) of the National Voter Registration Act of 1993, provided that while such procedures are pending, the voter has taken no action specified in the National Voter Registration Act of 1993 to restore his or her name to active voter status.

c) An election authority shall cancel the Voter Registration Application or Voter Registration Card of a voter upon receipt of a request in writing from the voter to do so. A written acknowledgment by the voter that he or she has changed residence to a place beyond the jurisdiction of the election authority or an attempt to register in another jurisdiction shall be deemed a request to cancel the voter registration.

d) A voter's registration shall be canceled upon the election authority's receipt of:

1. a notice from the State Board of Elections that the voter has been incarcerated in a United States correctional facility by reason of conviction;

2. a certified notice from the a state department of corrections or a sheriff of a county in the United States that the voter has been incarcerated in a state or county correctional facility, as the case may be, if:

A) the certified notice states on its face that the incarceration is a result of a criminal conviction and the crime of which the voter has been convicted, or

B) the certified notice is accompanied by a certified judgment of conviction or equivalent document issued by the court in which the conviction was obtained;

3. a certified copy of a judgment of conviction from a court of record that the voter has been convicted of a crime in which it was found that the voter lacked the requisite qualifications to be a voter in Illinois either at the time of conviction or at the time application was made to become a voter, whether or not the voter was incarcerated as a result of such conviction;

4. a certified copy of a final judgment order of a court of record or a certified copy of the final determination of an administrative tribunal having jurisdiction in which it was found that the voter lacked the requisite qualifications to be a voter in Illinois either at the time of entry of the judgment or determination, or at the time application was made to become a voter; or

5. a certified copy of the voter's death certificate or equivalent document issued by a department of vital records, wherever situated.

26 Ill. Adm. Code 216.60 Forms

a) This Section implements Sections 5, 6, 7 and 8 of the National Voter Registration Act of 1993 (42 U.S.C. Sections 1973gg-3, gg-4, gg-5 and gg-6) and the order of the Circuit Court of Cook County entered May 1, 1996 in Or, et al., v. Edgar, et al. 95 CO 246 and 95 CO 248 (Consolidated).

b) Township supervisors and county commissioners in counties not under township organization shall, and the Illinois Secretary of State and designated agencies of the State of Illinois may, use the forms prescribed in Exhibits A, B, and C of this Part in taking and transmitting the Voter Registration Applications of applicants who choose to submit Voter Registration Applications, or in recording the decision of the applicants who decline to submit Voter Registration Applications if such agencies do not otherwise provide forms of their own design meeting the requirements of the National Voter Registration Act of 1993.

c) Election authorities shall use the forms prescribed in Exhibits D, E, F, G, and H in providing notice of decisions taken with respect to Voter Registration Applications and Voter Registration Cards.

d) The State Board of Elections shall supply to each election authority a quantity of the National Mail Voter Registration Booklets designed by the United States Federal Election Commission on an as-needed basis. Each election authority shall make a copy of the National Mail Voter Registration Booklet available to any person over 18 years of age in its jurisdiction who seeks to register to vote in another state, or refer a request from such person for a National Mail Voter Registration Booklet to the Illinois State Board of Elections in accord with subsection (h) of this Section.

e) Each election authority shall make a copy of the Illinois Voter Registration Application available to any person over 18 years of age in its jurisdiction who seeks to register to vote in Illinois. Each Voter Registration Application supplied to an individual shall be accompanied by instructions for completing the forms and returning it to the appropriate address. Such instructions may be oral where the form is supplied by a designated agency to an applicant.

f) Election authorities, the Secretary of State, and designated agencies shall obtain the Illinois Voter Registration Application for their own purposes and, in the case of election authorities, in sufficient quantities for distribution to the public. Each Voter Registration Application so produced shall conform to the measurements, paper weight, color and layout, and shall reproduce verbatim the text set forth in Exhibit A of this Part.

g) Voter Registration Applications made available to the general public to be returned by mail to the election authority shall be placed in holders or dispensers bearing the uniform logo designed for the purpose by the State Board of Elections. Control numbers assigned by the election authority may be added to Voter Registration Applications distributed to the general public, but no such control number shall be assigned to any Voter Registration Application supplied by the election authority to a designated registration agency, a township supervisor, or a county commissioner. Voter Registration Applications offered to the general public to be returned by mail must bear the mailing address of the election authority having jurisdiction over the place where the form dispenser is located. Whenever an election authority receives a Voter Registration Application for an applicant who does not reside in the election authority's jurisdiction, the election authority shall forward, within three days after its receipt, the Voter Registration Application to the election authority for the place where the applicant resides. The election authority shall include with the forwarding a transmittal notice of the kind identified in Appendix C of this Part. The election authority receiving such a transmitted application shall treat the application as if it had been originally filed with the receiving election authority. The postmark on the application or date of the application's receipt by the transmitting election authority shall determine the voter's eligibility to vote in the next ensuing election.

h) Election authorities shall limit the number of the National Mail Voter Registration Booklets supplied to an organization conducting a voter registration drive to 50. Requests for the National Mail Voter Registration Booklet in quantities exceeding 50 shall be referred to the State Board of Elections, which shall, prior to filling the request, require the organization making such a request to submit in writing a copy of its plan to distribute the booklets, including the states in which the organization intends to distribute the booklet and the quantities to be distributed in each state. The State Board of Elections shall deny the request if such a written plan is not submitted, and shall substitute the Voter Registration Application for any quantities of the National Mail Voter Registration Booklet intended for distribution in Illinois. The State Board of Elections shall charge the requesting party the actual cost of reproducing the National Mail Voter Registration Booklet for any quantities requested over 200.

26 Ill. Adm. Code 216.70 Processing Voter Registration Applications

a) The State Board of Elections shall, and all persons accepting from applicants Voter Registration Applications are encouraged to, transmit executed applications to the election authority:

1. not more than ten days after execution, if executed five days or more prior to the date upon which voter registration closes, or

2. not more than five days after execution, if executed less than five days prior to the date upon which registration closes but prior to the close of registration.

b) Applications arriving prior to the close of registration at an election authority unaccompanied by a Voter Registration Application Transmittal shall, for the purpose of first time voting only, be deemed to be applications received by mail, and all applicants whose applications are so transmitted shall be advised that they will be required to vote in person at the first election in which they vote.

c) A Voter Registration Application may be executed while voter registration is closed, but in such case such application shall not entitle the applicant to vote at any election held before registration reopens. Applications bearing no postmark arriving by mail not later than five days after the close of registration shall be deemed to have been filed prior to the close of registration. Applications arriving by mail after the close of registration, but bearing a postmark earlier than the day upon which registration closed shall be deemed to have been filed prior to the close of registration no matter when actually received. Applications which arrive by mail bearing a postmark later than the day upon which registration closed shall not be deemed to have been filed prior to the close of registration no matter when actually received.

d) The State Board of Elections shall assign to each township supervisor, county commissioner in counties not under township organization, and designated agency a block of document control numbers, the identity of which block shall be confidential, which such entities may use on each Voter Registration Application Transmittal accompanying batches of applications sent to election authorities.

e) Every Voter Registration Application Transmittal shall note on its face how many applications are being transmitted, a document control number from the block assigned to the entity submitting the Voter Registration Application Transmittal, identified in subsection (d) of this Section, and the date of transmittal.

f) Every application received by an election authority shall be examined to determine if the information contained on the application is sufficient on its face to cause the applicant to be listed among the voters of the jurisdiction, or if the application duplicates a record or Voter Registration Card already on file with the election authority.

1. If the application duplicates a record already on file with the election authority, the applicant shall be sent a forwardable Disposition of Registration notice advising the voter that he or she is already registered to vote.

2. If the information is insufficient, the election authority shall send the applicant a forwardable Disposition of Registration notice informing the applicant:

A) that his or her application has been rejected, identifying the reason for rejection, and

B) that he or she will not be entitled to vote until a new and sufficient application has been received by the election authority.

26 Ill. Adm. Code 216.80 Documenting Transactions

a) Each election authority shall generate and keep the following information from the registration activities it conducts:

1. the total number of Voter Registration Applications and Voter Registration Cards received, from whatever source, between the two immediately past federal elections, excepting those Voter Registration Applications and Voter Registration Cards which are deemed duplicates, are rejected or report only changes of address;

2. the total number of Voter Registration Applications received from the Secretary of State between the two immediate past federal elections, and the total number of these applications which are duplicates of already existing registrations;

3. the total number of Voter Registration Applications received by mail between the two immediately past federal elections, and the total number of these applications which are duplicates of already existing registrations;

4. the total number of Voter Registration Applications received from each office of a designated agency, township supervisor or county commissioner between the two immediately past federal elections, and the total number of these applications which are duplicates of already existing registrations;

5. the total number of Voter Registration Applications received from each office of armed forces personnel registering voters between the two immediately past federal elections, and the total number of these applications which are duplicates of already existing registrations;

6. the total number of Voter Registration Applications and Voter Registration Cards received from any other source not specifically enumerated in subsections (a)(2) through (5) of this Section, by source, between the two immediately past federal elections, and the total number of these applications and registration cards which are duplicates of already existing registrations;

7. the total number of Voter Registration Applications canceled, for whatever reason, between the two immediately past federal elections;

8. the number of name and address confirmation forms mailed out between the two immediately past federal elections, and the number of responses thereto; and

9. the postal costs incurred between the two immediately past federal elections for all mailings required to satisfy requirements of 42 U.S.C. 1973gg et seq.

b) "By mail", for purposes of this Section, excludes those applications transmitted by the Secretary of State, designated agencies, township supervisors and county commissioners, and armed forces personnel registering voters, even though applications arrive by means of the United States Postal Service.

c) The data required to be kept by this Section may be kept in electronic or paper copy format.

26 Ill. Adm. Code 216.90 Voting

a) Voters shall vote at the polling place for the precinct where they reside, except that:

1. a voter who moves without notice to the election authority to a different residence still within the same election jurisdiction (territory under the control, for voting and registration purposes, of an election authority) as the place from which he or she moved shall vote for the first time he or she offers to vote after changing residence in the polling place for the residence from which the voter most recently registered, and thereafter in the polling place for the voter's present residence;

2. such voters are entitled by this Part to vote for federal offices only (However, those persons may be entitled by the Election Code to vote for other offices; see, for example, 10 ILCS 5/6-27 and 6-53.); and

3. subject to the requirements of subsection (d) (c) of this Section, any voter otherwise qualified to vote an absentee ballot may vote by absentee ballot.

b) In jurisdictions employing an electronic system which utilizes ballot cards:

1. the ballot card for voters described in subsection (a)(2) shall be of stock of any color, provided that there shall be printed on the back of such cards, both on the stub and on the ballot card itself, the words "FEDERAL OFFICES ONLY" in type of no less than 15 pt., and may, at the option of the election authority, also bear the number of the Congressional district of the voters of the precinct. If, in a split precinct, no distinction in color is made between the ballot cards for differing Congressional districts, such ballots must also bear the number of the Congressional district for which they are to be used.

2. the number of federal office only ballot cards supplied to any polling place shall not exceed 10% of the number of registered voters assigned to the polling place.

c) The election authority shall transfer the record or registration card, as the case may be, of each voter described in subsection (a)(1) of this Section to the binder for the precinct encompassing the voter's new place of residence immediately after the first election at which the voter offers to vote after changing residence, making such notations on the record as are necessary to bring the information contained on it current, and thereafter the voter shall vote in the precinct polling place for the new residence.

d) An applicant who has submitted a Voter Registration Application by mail must vote in person at the first election at which he or she votes after his or her application is acknowledged unless the voter is entitled to cast an absentee ballot under the provisions of Article 20 of the Illinois Election Code or is eligible to vote an absentee ballot by any pertinent federal statute or law. Voting in person includes in-person absentee voting, nursing home voting and hospitalized voters voting under the provision of Section 19-13 of the Election Code [10 ILCS 5/19-13].

e) An absentee voter voting under the provisions of subsections (a) (1) through (3) of this Section shall also complete an Address Correction for Fail Safe Voters. A Fail Safe Voter is a voter who votes under the provisions of subsection (a)(1) of this Section.

History

• Source: Amended at 22 Ill. Reg. 19330, effective October 15, 1998

26 Ill. Adm. Code 216.100 Designation of Chief State Election Official

a) This Section implements Section 10 of the National Voter Registration Act of 1993 (42 U.S.C. Section 1973gg-8).

b) The Executive Director of the Illinois State Board of Elections is designated as the Chief State Election Official for the purposes of the National Voter Registration Act of 1993.

c) The Executive Director of the State Board of Elections may issue such opinions or directions as he or she deems necessary to insure that the National Voter Registration Act of 1993, the order of the Circuit Court of Cook County issued May 1, 1996 in Or, et al., v. Edgar, et al. and this Part are implemented uniformly throughout Illinois.

26 Ill. Adm. Code 216.110 Address Confidentiality Program Participants

a) Definitions. As used in this Section:

"ACP" or "Program" means the address confidentiality program administered by the Office of the Attorney General pursuant to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act [750 ILCS 61].

"ACP Participant File" is a secure, password protected list of program participants supplied to the Board by the Office of the Attorney General.

"Act" means the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act [750 ILCS 61/30].

"Board" or "SBE" means the Illinois State Board of Elections.

"Local System" means a local voter registration system, including associated applications, databases, and websites, or a combination thereof, necessary for proper data collection, data sharing, and interfacing necessary to perform functions related to federal, State, and local elections.

"Mark for Redaction or Exclusion" means an indication in a voter registration system that a registered voter is an ACP Participant or a shared household member.

"Participant" or "ACP Participant" means a person enrolled in the address confidentiality program administered by the Office of the Attorney General pursuant to the Address Confidentiality for Victims of Domestic Violence, Sexual Assault, Human Trafficking, or Stalking Act [750 ILCS 61].

"Personally Identifiable Information" means an individual's first name or first initial and last name in combination with the individual's:

full or partial Social Security Number;

driver's license number or State identification number; or

any combination of a full or partial Social Security Number, driver's license number, or State identification number.

"Political Activity" means an action taken under the Illinois Election Code, other than registering to vote and voting, which necessitates the disclosure of the actor's name and address or name and residence address. Political activity includes, but may not be limited to, contributing $150 or more to a candidate for political office or a political committee, filing an objection to a candidate's nomination papers, or signing a nominating petition for which SBE is the filing entity.

"Redact" means to remove an individual's address or residence address information from an otherwise publicly available document or database.

"Shared Household Member" means an individual who lives at the same residence address as a participant but who is not a participant.

"Statewide System" means the statewide voter registration system created and maintained by the Board pursuant to Code Section 1A-25, including associated applications, databases, and websites necessary for proper data collection, data sharing, and interfacing.

b) ACP Program Participation

1. The ACP Voter Registration Application is available only to ACP participants and only from the Office of the Attorney General.

2. At the time of application for the ACP Program, the participant will receive from the Office of the Attorney General the ACP Voter Registration Application, the name and address of the participant's local election authority, and the list of political activities.

3. When registering to vote, each ACP participant must provide the participant's residential address on the ACP Voter Registration Application.

4. The ACP Participant must mail or deliver the completed ACP Voter Registration Application to the participant's local election authority for processing and voter registration.

5. If an already registered voter becomes an ACP participant, the participant must re-register to vote using the ACP Voter Registration Application. The ACP Voter Registration Application must be mailed or hand-delivered to the participant's local election authority for processing and re-registration to vote.

6. While enrolled in the program, any ACP participant who changes residence address shall be required to update the participant's residence address with the local election authority by filing a completed paper ACP Voter Registration Application.

7. An ACP participant must vote by mail for the participant's name and residential address to remain confidential.

8. As detailed in subsection (c)(11), the Office of the Attorney General will provide each ACP participant with an informational sheet listing common types of political activity that could lead to the publication of a participant's address or residence address. An ACP participant must inform the Office of the Attorney General or SBE immediately after engaging in such political activity. If the participant fails to provide this timely notification, the SBE cannot guarantee the redaction of the participant's information from otherwise publicly available documents. The political activity contemplated by this subsection does not include registering to vote or voting by mail.

c) Agency Administration of ACP Program

1. The SBE shall develop and supply to the Office of the Attorney General an approved ACP Voter Registration Application for the sole purpose of registering or re-registering ACP participants to vote.

2. The ACP Voter Registration Application shall be consistent in form with the paper registration form otherwise supplied by the SBE, except that it shall be printed on red paper and require the ACP participant to supply the participant's relevant ACP information detailed in subsection (c)(6). The ACP Voter Registration Application shall be made available only in paper format.

3. The SBE will not distribute the ACP Voter Registration Application to any party other than the Office of the Attorney General, including to ACP participants.

4. Together with the Office of the Attorney General, the SBE shall establish a secure format and method of communication with the Office of the Attorney General to receive ACP participant files.

5. The Office of the Attorney General will use the method of communication established by subsection (c)(4) to supply the SBE the updated ACP participant file at least monthly.

6. The ACP participant file shall contain enough information for the SBE to identify ACP participants and shared household members in the statewide system and must minimally include the ACP participant's and shared household member's:

A) First name;

B) Last name;

C) Current residence address;

D) Date of birth;

E) ACP authorization number;

F) ACP certification date; and

G) ACP cancellation date, if applicable.

7. Upon receipt of the ACP participant file, the SBE shall take reasonable steps to mark for redaction or exclusion in the statewide system within 5 business days the registration records of ACP participants and shared household members found to be in any active, inactive, pending, or cancelled status at the address supplied on the ACP participant file.

8. The SBE will communicate at least twice annually with local election authorities, using local voter identification numbers or other unique identifiers excluding personally identifiable information, about ACP participants and shared household members known to the SBE that may need information redacted by the local election authorities in the local systems.

9. Upon receiving notice of an ACP cancellation date for an individual on the ACP participant file, the individual shall be deemed to no longer qualify for redaction or exclusion as of the date of that notice. The SBE will remove the mark for redaction or exclusion for the individual from the statewide system within 30 business days of receipt of the ACP participant file or written request from the Office of the Attorney General.

10. Upon receiving notice of an ACP cancellation date for an individual on the ACP participant file, that individual's shared household members shall be deemed to no longer qualify for redaction or exclusion if there are no additional active ACP participants residing at the address. In such a case, the SBE shall remove the mark for redaction or exclusion for shared household members from the statewide system within 30 business days of receipt of the ACP participant file or written request from the shared household member or the Office of the Attorney General.

11. SBE shall provide an informational sheet to be distributed by the Office of the Attorney General to all current and future ACP participants that details political activity that could lead to the publication of a participant's residence address. This sheet shall instruct an ACP participant to notify the Office of the Attorney General or SBE when the participant engages in political activity in order to allow SBE to redact the participant's address from public documents.

d) Local Election Authority Administration of ACP Program

1. A local election authority who receives an ACP Voter Registration Application shall ensure prompt registration or re-registration, as applicable, and mark the voter's name and address for redaction or exclusion within the local system and the statewide system within 5 business days of receipt.

2. A local election authority who receives a voter registration application from an ACP participant from any means other than the ACP Voter Registration Application will not be held responsible for a failure to ensure timely redaction. Once a local election authority is notified of an existing ACP participant with an ACP authorization number, the local election authority shall take reasonable steps to mark the voter's name and address for redaction or exclusion within the local system and the statewide system within 5 business days of the date of the notification.

3. Upon notice from the SBE that a voter is an ACP participant or shared household member, the local election authority shall provide written confirmation to the SBE that the information of the ACP participant or shared household member has been marked for redaction or exclusion in the local system within 3 business days.

4. Upon receiving notice of an ACP cancellation date for an individual on the ACP participant file, the individual shall be deemed to no longer qualify for redaction or exclusion from the local system. In such a case, the local election authority shall remove the mark for redaction or exclusion for the individual from the local system within 30 business days of receipt of the ACP participant file or written request from the Office of the Attorney General.

5. Upon receiving notice of an ACP cancellation date for an individual on the ACP participant file, that individual's shared household members shall be deemed to no longer qualify for redaction or exclusion if there are no additional active ACP participants residing at the address. In such a case, the local election authority shall remove the mark for redaction or exclusion for shared household members from the local system within 30 business days of receipt of the ACP participant file or written request from the shared household member or the Office of the Attorney General.

e) Lists of Registered Voters Created and Maintained Through the Statewide System. As a result of enrollment in the ACP program, the name and address or residence address of a participant and every shared household member will be subject to exclusion or redaction by the SBE from otherwise disclosed lists of registered voters.

1. The SBE shall take reasonable steps to ensure records marked for redaction or exclusion of ACP participants and shared household members will not be available via public search of the statewide system, any searchable, public page on its website, public dissemination of voter files, or any other electronic or nonelectronic information accessible by the public, including requests made under the Freedom of Information Act [5 ILCS 140].

2. The SBE shall redact name and address information belonging to an ACP participant or shared household member in voter information sent to any outside governmental or nongovernmental entity, including, but not limited to, responses to requests under the Freedom of Information Act [5 ILCS 140], except as permitted by Act Section 30(b) to a requesting law enforcement agency or to an entity directed by a court order.

3. Redaction or exclusion shall be maintained regardless of the ACP participant's voter registration status (e.g. active, inactive),

4. State and local political committees' access to ACP participant and shared household member information pursuant to Sections 1A-25, 19-4, and 19-7(b) of the Election Code [10 ILCS 5] shall be limited as follows:

A) The SBE shall redact the following information, to the extent published, from lists available to State and local political committees:

i) SUID;

ii) First name, last name, middle initial;

iii) Residence address;

iv) Mailing address;

v) Date of birth; and

v) Email address.

B) Accordingly, the only ACP participant or shared household member information appearing on lists of registered voters made available to State and local political committees pursuant to Sections 1A-25, 19-4, and 19-7(b) of the Election Code shall be limited to the following:

i) Jurisdiction;

ii) Party, if applicable;

iii) Ballot request date;

iv) Ballot return date; and

v) Ballot rejected, if applicable.

C) In the event the information included within lists of registered voters made available to State and local committees pursuant to Sections 1A-25 and 19-4 of the Code changes, the SBE shall redact all identifying and contact information associated with an ACP participant and shared household member.

f) Lists of registered voters created and maintained through a local system. As a result of enrollment in the ACP program, the name and address or residence address of a participant and every shared household member will be subject to exclusion or redaction by the local election authority from otherwise disclosed lists of registered voters.

1. Local election authorities are responsible for maintaining a local system capable of redacting and excluding every ACP participant or shared household member's name and address from any form of public inspection, including, but not limited to, voter registration cards, pollbooks, lists of early voting, grace period on election day, vote by mail lists, and requests made under the Freedom of Information Act [5 ILCS 140].

2. The name and address of every program participant and shared household member shall be excluded from any list of registered voters, vote by mail lists, or permanent vote by mail lists published pursuant to the Election Code.

3. A local election authority shall redact the name and residence address information belonging to every ACP participant or shared household member in voter information sent to any outside governmental or nongovernmental entity, including, but not limited to, responses to requests under the Freedom of Information Act [5 ILCS 140], except as permitted by Act Section 30(b) to a requesting law enforcement agency or to an entity directed by a court order.

4. Redaction or exclusion shall be maintained regardless of the ACP participant's voter registration status (e.g. active, inactive),

5. Election Authorities and Election Judges

A) ACP participants and shared household members' names and residence addresses shall not be redacted or excluded from the voter file or lists of registered voters created and maintained by election authorities for the purpose of registering or re-registering ACP participants to vote or for processing participants' vote by mail ballots.

B) Election authorities and election judges shall not disseminate any ACP participant's or shared household member's name, address, or other personally identifiable information and ACP participant information should only be accessed to register or re-register a participant or to process participants' vote by mail in accordance with Section 19-8 of the Election Code [10 ILCS 5].

g) ACP Participants and Disclosable Political Activity. Upon notification pursuant to subsection (b)(6), SBE shall redact the address information of ACP participants and shared household members whose addresses would otherwise appear in public documents as a result of political activity. Neither the ACP participant's nor shared household members’ names will be redacted from disclosures of disclosable political activity. These public documents include, but are not limited to, campaign disclosure reports filed under Article 9 of the Election Code and nomination petitions filed with the SBE.

h) Upon receipt of notice that an ACP participant or shared household member has signed a nomination paper filed with a local election authority or local election official, the SBE shall notify the relevant local election authority or local election official within 3 business days of receiving such a notice.

History

• Source: Added at 50 Ill. Reg. 142, effective December 17, 2025

Chapter I State Board of Elections

Part 216 Registration of Voters

26 Ill. Adm. Code 216.EXHIBIT A Voter Registration Application-Illinois

ILLINOIS VOTER REGISTRATION APPLICATION

YOU CAN USE THIS FORM TO:

(If you are not a citizen, do not continue)

˜

apply to register to vote in the State of Illinois

TO REGISTER YOU MUST:

˜

change your address on your voter registration card

˜

be a United States citizen

˜

change your name (change due to marriage, etc.)

˜

be at least 18 years old on or before the next election

˜

live in your election precinct at least 30 days before the next election

TO COMPLETE THIS FORM:

˜

Box 1 – If you do not have a middle name, print "none"

˜

not be convicted and in jail

˜

Box 3: – If you have never registered before, print “none”. If you do not remember your former address, print "unsure". If you have not changed your name, print "same".

˜

not claim the right to vote anywhere else

˜

Mail or deliver this form no later than 29 days before the next election.

˜

Box 8 – Read, date and personally sign your name or

make your mark in the box.

˜

If you do not receive a Notice within 2 weeks of mailing or delivering this form, call the County Clerk or Board of Election Commissioners named on the front of this card.

IF YOU HAVE NO STREET ADDRESS, describe your home: list the name of subdivisions; cross streets; roads; landmarks, mileage and/or neighbor's names.

IMPORTANT INFORMATION:

˜

if you register by mail, the first time you vote must be in person

N

W

E

˜

if you register at a public service agency, any information regarding the agency which assisted you will remain confidential as will any decision not to register

S

FOLD LINE

PRINT CLEARLY OR TYPE IN BLACK OR BLUE INK

Office Use

1. Last NAME

First Name

Middle Name or Initial

Suffix (Circle One)

JR. SR. II III IV

2. Address where you live (do not give P.O. address) House No. Street Name

City/Village/Town

Township

Apt. No./P.O. Box

County

Zip Code

3. Former Registration Address: (include City and State)

County

Former Name: (if changed)

4. Date of Birth:

5. Sex (Circle One)

6. Telephone Number (optional)

7. Full Social Security No. Or last 4 digits only

Month Day Year

M F

Voter Affidavit – Read all statements and sign within

This is my signature or mark in the space below.

the box to the right. I swear or affirm that

˜

I am a citizen of the United States:

˜

I will be at least 18 years old on or before the next election;

é

ù

˜

I will have lived in the State of Illinois and in my election precinct 30 days as of the date of the next election.

All of the above information is true. I understand that if it is not true, I can be convicted of perjury and fined up to $5,000 and/or jailed for 2 to 5 years.

ë

û

Date:

If you cannot sign your name, ask the person who helped you fill in this form to print their name, address and telephone number.

Name

Full Address

Telephone No.

FOLD ON DOTED LINES, PEEL OFF TAPE, SEAL AND MAIL

*Mandated Oct. 1996

YOUR ADDRESS

back of SBE No. R-19

PUT

FIRST

CLASS

STAMP

HERE

MAIL TO:

CHANGE OF ADDRESS

PCT

WARD

CODE

ADDRESS

CITY

ZIP

COUNTY

DATE

CLERK

SUSPENSION, CANCELLATION AND REINSTATEMENT

DATE

EXPLAIN

CLERK

DATE

EXPLAIN

CLERK

To Election Judges:

Voting Record

95 96 97 98 99 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20

For Primary, mark

Primary

D for Democrat

General

R for Republican

NonPartisan

for all other

Special

elections, markV

*Mandated: Oct. 1996

SBE No. R-19A

Office Use

1. Last Name First Name Middle Name or Initial

Suffix (Circle One)

JR. SR. II III IV

2. Address where you live (do not give P.O. address) House No. Street Name

City/Village/Town

Township

Apt. No./P.O. Box

County

Zip Code

3. Former Registration Address: (include City and State)

County

Former Name: (if changed)

4. Date of Birth:

Month Day Year

5. Sex (Circle One)

M F

6. Telephone Number (optional)

7. Full Social Security No. Or last 4 digits only

Voter Affidavit – Read all statements and sign within

This is my signature or mark in the space below.

the box to the right. I swear or affirm that

˜

I am a citizen of the United States;

˜

I will be at least 18 years old on or before the next

election;

é

ù

˜

I will have lived in the State of Illinois and in my

election precinct 30 days as of the date of the next

election.

ë

û

that if it is not true, I can be convicted of perjury and

fined up to $5,000 and/or jailed for 2 to 5 years.

Date:

If you cannot sign your name, ask the person who helped you fill in this form to print their name, address and telephone number.

Name

Full Address

Telephone No.

back of SBE No. R-19A

CHANGE OF ADDRESS

PCT

WARD

CODE

ADDRESS

CITY

ZIP

COUNTY

DATE

CLERK

SUSPENSION, CANCELLATION AND REINSTATEMENT

DATE

EXPLAIN

CLERK

DATE

EXPLAIN

CLERK

To Election Judges:

Voting Record

95 96 97 98 99 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20

For Primary, mark

Primary

D for Democrat

General

R for Republican

NonPartisan

for all other

Special

elections, markV

STOCK 110 lb. CARD OR COMPARABLE STOCK

COLOR WHITE

SIZE 5" x 8"

TYPEFACE SIMPLE SANS SERIF, 7 AND 8 PT.

AS MANDATED BY PUBLIC LAW 103-31, THE FOLLOWING INFORMATION MUST BE PRINTED IN THE SAME TYPEFACE (ONLY THIS MATERIAL, WILL BE PRINTED IN THE 8 PT. TYPEFACE): THE BULLETED INFORMATION IN THE INSTRUCTIONS SECTION ENTITLED "TO REGISTER YOU MUST" AND "IMPORTANT INFORMATION" AND THE INFORMATION ON THE REGISTRATION FORM #8 "VOTER AFFIDAVIT"

SEAL PULL OFF ADHESIVE TAPE

(bottom edge)

26 Ill. Adm. Code 216.EXHIBIT B Voter Registration Information

Mandated

July, 1995

SBE No. R-24

VOTER REGISTRATION INFORMATION

"If you are not registered to vote where you live now, would you like to apply to register here today?"

IMPORTANT!

(Public assistance agencies include the following:

"Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency.")

If you would like help filling out the voter registration application form, we will help you. The decision whether to seek or accept help is yours. You may fill out the application in private.

IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME.

□YES □NO

---

Signature

All information will remain confidential and will be used only for voter registration purposes. Anyone not choosing to register to vote and/or information regarding the office to which the application was submitted will remain confidential, to be used only for voter registration purposes.

---

Please Print Full Name

month day year

---

Date

(tear here)

------------------------------------------------------------------------------------------------------------COMPLAINT INFORMATION

If you believe that someone has interfered with your right to register or decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with Ronald D. Michaelson, Executive Director, State Board of Elections, 1020 South Spring Street, Springfield, Illinois 62704-2999 (217)782-4141 or TDD (217)782-1518.

(Half 8 ½" x 11" sheet)

26 Ill. Adm. Code 216.EXHIBIT C Voter Registration Application Transmittal

Suggested

July, 1995

SBE No. R-25

VOTER REGISTRATION APPLICATION

TRANSMITTAL

To: _________________________________ _____________________

Election Office Date

From: _________________________________

Agency Office Number or Designation

Number of Voter Registration Applications Enclosed: _________________________

Comments: _____________________________________________________________

---

---

(To be completed by Election Authority)

Date Received: _________________

Number of Applications Received:__________________________________________

Number of Duplicate Registrations in Group:_________________________________

Number of Incomplete Applications: _______________________________________

Problems or Other Comments: ____________________________________________

---

---

White Copy – Election Authority Yellow Copy – Agency

TRANSMITTAL FORM SPECIFICATIONS

PRINT AS TWO PART SELF DUPLICATING FORM

Bottom of original – "Election Authority Copy"

Bottom of second sheet – "Agency Copy"

SIZE 8-1/2" x 11"

26 Ill. Adm. Code 216.EXHIBIT D Disposition of Registration

Mandated

July, 1995

SBE No. R-23

(Application Rejected)

BACK

YOUR APPLICATION TO REGISTER TO VOTE HAS BEEN REFUSED FOR THE REASON(S) INDICATED BELOW. YOU MUST REAPPLY TO BE ENTITLED TO VOTE.

4 X 6

Address could not be verified.

Application incomplete.

Application rejected because

For questions about this notice call

County Clerk or

Board of Election Commissioners

Date

Phone No.

STREET ADDRESS OF PO BOX

U.S. POSTAGE

CITY, ST. 00000-0000

ANYTOWN, STATE

FRONT

PERMIT NO. 0000

4 X 6

OFFICIAL ELECTION MATERIAL

Non-Address Data

Name of Recipient

Information Attention Line

Delivery Address

Post Office (City) State Zip Code

26 Ill. Adm. Code 216.EXHIBIT E...voter Identification Card

10 ILCS 5/4-15, 5-21, 6-57

Suggested

Revised July, 1995

SBE No. R-15

SUGGESTED VOTER I.D. CARD

VOTERS CERTIFICATE OF REGISTRATION

Polling Place

(DISPOSITION OF REGISTRATION)

CONG.

LEG.

REP.

CO. BD.

I hereby certify that the person whose name and address appears

City/Village

below is a registered voter.

PCT.

WARD

TWP.

Elem. Sch. Dist.

County Clerk/Exec. Director

Jurisdiction

High Sch. Dist.

Twp.

Pct/Ward

Comm. Coll. Dist.

Name

Sanitary Dist.

Street No.

Street Name

Fire Dist.

Apt. No.

Park Dist.

City

State

Zip

Cem. Dist.

Date Issued

Judicial District

Judicial Circuit

(DO NOT DETACH)

(RETAIN THIS CARD)

(See reverse side)

SBE No. R-15 Reverse Side

SUGGESTED VOTER I.D. CARD

For Information Regarding Elections,

If you move to another address within________________________,

print your new address, sign your name and mail to______________

__________________________. Voters changing their names must reregister.

Voter Registration Contact

Name of Election Authority

New Address:

Twp.

Pct.

Address

Street Address

or RFD No.

City

If RFD Include County House No.

Rd. No

State

Zip

City

State

Zip

Date Moved

Telephone

Signature

(Change of Address cannot be accepted in the 28 Days Preceding an election)

26 Ill. Adm. Code 216.EXHIBIT F Confirmation of Address

SIDE A

(top) Second Notice

(Bottom) Addressee Side-Reply Card

(6 x 8" duo-fold Postcards)

Suggested

Revised, Jan. 1997

SBE No. R-26

CONFIRMATION OF ADDRESS

□ OUR RECORDS INDICATE THAT YOU HAVE MOVED TO ______________________________.

• To confirm this information complete and return the postcard at the bottom, not later than

_________________________________________ .

• This new address has been added to your voter registration record. Your new precinct is ______.

□ WE HAVE NOT BEEN ABLE TO CONFIRM YOUR ADDRESS.

• Please complete and return the postcard at the bottom, not later than _____________________.

• If this card is not returned, you may be required to confirm your address before being permitted to vote in a Federal election. If this card is not returned and you fail to vote during the period beginning on the date of this notice and ending on the date of the second general election that occurs after the date of the notice, your registration will be cancelled.

□ IF YOU HAVE MOVED TO AN ADDRESS OUTSIDE OF ________________________________

4 x 6

OUTGOING

POSTCARD

(jurisdiction)

• You will have to register with the County Clerk or Board of Election Commissioners where you live. (Consult your telephone directory.)

(tear here)

perforated

perforated

fold

fold

NO POSTAGE

NECESSARY

IF MAILED

BUSINESS REPLY MAIL

IN THE

UNITED STATES

preprinted FIMC

POSTAGE WILL BE PAID BY ADDRESSEE

OFFICIAL ELECTION MATERIAL

4 x 6

PREPAID

REPLY

ELECTION OFFICIAL

ELECTION OFFICE

STREET ADDRESS OR PO BOX

CITY, ST 00000-0000

Preprinted Address

Preprinted Bar Code

With Zip + 4

Corresponding to Zip + 4

back of SBE No. R-26

Preprinted FIMB If Postage Paid

Without Bar Code

Preprinted Address

Preprinted FIMC If Postage Paid

and Bar Code is Applied

ELECTION OFFICIAL

ELECTION OFFICE

Method of

OUTGOING

STREET ADDRESS OR PO BOX

FIRST CLASS MAIL

Postage at

FIRST CLASS

CITY, ST 00000-0000

U.S. POSTAGE PAID

Discretion of

POSTCARD

ANYTOWN, STATE

Election Authority

PERMIT NO. 0000

OFFICIAL ELECTION MATERIAL

Optional Line)

NON-ADDRESS DATA

(Top Line)

NAME OF RECIPIENT

(Optional Line)

INFORMATION/ATTENTION LINE

4 x 6

(Line Above Last)

DELIVERY ADDRESS

POST OFFICE (CITY) STATE ZIP CODE

Bar Code Area

If automatically

applied

perforated fold

PLEASE CHECK ONE

□ NEW ADDRESS

□ SAME ADDRESS

perforated fold

PRINT FULL NAME

(Include Middle Name)

DATE OF BIRTH

SOCIAL SECURITY NUMBER

4 x 6

(Last four numbers only)

REPLY

TELEPHONE NUMBER (Optional)

POSTCARD

MY ADDRESS IS

(Signature)

(Date)

*All of the above information is true. I understand that if it is not true, I can be convicted of perjury and fined up to $5,000. and/or jailed 2 to 5 years.

26 Ill. Adm. Code 216.EXHIBIT G Registration Deadline Notice

Suggested

July, 1995

SBE No. R-28

FRONT

4 x 6

postcard

BACK

26 Ill. Adm. Code 216.EXHIBIT H Address Correction for Fail Safe Voter

Mandated

December, 1995

SBE No. C-6

ADDRESS CORRECTION FOR FAIL-SAFE VOTER

□ FEDERAL BALLOT ONLY

· Voters who change residence to another address within Election Authority's jurisdiction.

· Voting in former residence polling place or when applying for absentee ballot.

Social Security Number (last four numbers: ______________________________

Date of Birth: ________________________

Voter's Full Name (Please Print):

---

Current Address:

---

City/Village ___________________________ Zip Code _________________

Former Address:

---

City/Village ___________________________ Zip Code _________________

---

Date Signature of Voter or Mark

Chapter I State Board of Elections

Part 217 Procedures for Ranked Balloting

26 Ill. Adm. Code 217.10 Applicability

a) This Part implements that portion of Section 16-5.01 of the Election Code.

b) This Part is applicable to those municipalities that have chosen to adopt a system of ranked balloting to be used in the consolidated election by qualified members of the United States armed forces or United States citizens who will be outside the United States on the dates of both the consolidated primary and consolidated election in any given year. Municipalities utilizing this ranked ballot system shall pass an ordinance to that effect prior to the first of the year in which any election occurs at which ranked ballots are intended to be used. The municipality is responsible for transmitting the ordinance to any election authority whose jurisdiction includes the municipality or any portion of the municipality. The transmittal must be completed no later than 5 business days following passage of the ordinance.

c) No municipality may offer or accept ranked ballots without first obtaining a written statement of administrative approval from every election authority whose jurisdiction contains a portion of that municipality.

d) Any statement of administrative approval shall only be effective for the next succeeding consolidated election at which ranked ballots will be used.

26 Ill. Adm. Code 217.20 Definitions

"Contested Primary" shall have the meaning ascribed by Section 7-12(10)(a) of the Code for established political party primaries or Sections 3.1-20-45, 3.1-25-20, 5-2-18.5, 5-2-18.7 and 5-2-19 of the Municipal Code, as applicable to non-partisan primaries for the municipality in question, as well as that ascribed by any other provisions of the Municipal Code or the Election Code.

"Election Authority" means a county clerk or a Board of Election Commissioners. [10 ILCS 5/1-3]

"Election Code" or "Code" means 10 ILCS 5.

"Municipal" or "Municipality" means a city, village, or incorporated town in the State of Illinois, but, unless the context otherwise provides, "municipal" or "municipality" does not include a township, town when used as the equivalent of a township, incorporated town that has superseded a civil township, county, school district, park district, sanitary district, or any other similar governmental district. If "municipal" or "municipality" is given a different definition in any particular Division or Section of the Municipal Code, that definition shall control in that Division or Section only. [65 ILCS 5/1-1-2]

"Municipal Code" means 65 ILCS 5.

"Qualified Person" means an individual qualified to cast an absentee ballot under the Election Code who is a member of the U.S. armed forces or a U.S. citizen who will be outside the United States on the dates of both the consolidated primary and consolidated election in any given year.

"Ranked Balloting" means a system in which a voter, in addition to voting a consolidated primary ballot, votes a "ranked ballot" in lieu of a consolidated election ballot. The voter indicates a numerical preference for each candidate listed on the ranked ballot. For each office, the winning candidate or candidates at the consolidated primary election who received the voter's highest numerical designation shall receive that voter's vote at the consolidated election. This system eliminates the need to send the voter a separate consolidated election ballot after the results of the consolidated primary election have been certified.

"Ranking Ballot" means a ballot issued, pursuant to Section 217.30, under a ranked balloting system.

26 Ill. Adm. Code 217.30 Issuance of Ballots

a) A ranking ballot shall be issued to any qualified person requesting a ballot. The qualified persons must maintain or have maintained a residence within the municipality immediately prior to the person being located outside of the United States.

b) Ranking ballots shall be issued and mailed with the consolidated primary ballot. An additional ballot containing races for which the voter is entitled to cast a vote but that do not appear on the consolidated primary ballot shall be sent to the voter as soon as they become available from the election authority in charge of printing the ballots.

c) All ranking ballots shall include a set of instructions directing the voter to rank his or her choices for each of the candidates listed on the ballot. The directions shall include a notice that the voter must make a numerical notation (1, 2, 3, and so on) designating a ranked preference for any candidate for which he or she intends to cast a vote. The directions shall also inform the voter that he or she is not required to indicate a numerical preference for more than one candidate on the ranked ballot.

26 Ill. Adm. Code 217.40 Ballots

a) All ranking ballots used under this Part shall include only those municipal and township offices scheduled to be voted on by the individual voter of the issuing municipality at the election in question.

b) The ballot form shall contain a blank line horizontally adjacent and left of the name of every candidate appearing on the ballot for the municipality and township in which the voter resides or previously resided, including those who appear on the ballot because of their potential to be nominated following a write-in candidacy.

c) The ballot shall not contain any blank line that may be used for writing in additional candidate choices.

d) Any municipality that chooses to use ranked balloting and whose officers are elected on a partisan basis shall conduct its lottery for political party position on the ballot after the certification of the primary ballot. All candidates, including write-in candidates, shall be listed in order of filing within each political party grouping. New party and independent candidates shall be listed as otherwise specified in the Election Code. For those municipalities that elect their officers on a non-partisan basis, the order of candidates appearing on the ballot shall be determined by the order of candidate filing, including the results of any lottery held to determine ballot position of those candidates who filed their nominating petitions simultaneously at the opening hour of the filing office.

e) The names of each candidate for each office shall be grouped together vertically. However, there shall be a distinct separation between candidate groupings for each office in order to clearly indicate to the voter where the grouping of candidates for each office begins and ends.

f) The ballot shall include a notation to each voter at the top of each column of candidates indicating to the voter that all candidates may be ranked for each race appearing on the ballot.

g) The election authority may use multiple columns of candidates on the same ballot form and may print candidate names on both sides of a single ballot, but must ensure that all of the candidate names for a given contest appear on the same side, and that writing on one side of the ballot will not obscure candidate names on the reverse side.

h) The ballot shall include an instruction directing the voter to write a numeral on the ballot, in ink, next to the name of each candidate that the voter wishes to rank, and that no two candidates should be assigned the same ranking number.

26 Ill. Adm. Code 217.50 Tabulation of Ranking Ballots

a) All ranking ballots shall be remade on a ballot of the same type that is used by in-precinct voters in the election authority's jurisdiction. Except as provided in this Section, the ballots shall be processed in the same manner as those processed at the central counting center (absentee, early and grace period). The provisions in the Election Code allowing for poll watchers during the counting of provisional ballots shall be applicable to the counting of ranking ballots.

b) A single remade ballot shall be used to record the voters' choices on the ranking ballot and the voters' choices on the consolidated ballot that contains non-municipal and township races. The remade ballot shall be marked so that the highest ranked (closest to "one") candidates among those candidates who appear on the consolidated election ballot shall receive the voter's votes. The remade ballot shall carry an identifying mark that indicates it was remade based on the corresponding ranking ballot and non-municipal and non-township ballot. The election authority shall maintain the voter's absentee ballot application, or a copy of the application, with its records for both the consolidated primary and consolidated election. The remade ballot shall be stored with the ranking and non-municipal and non-township ballots that were returned by the voter.

c) All ranking ballots must be received and accepted according to Article 19 or 21 of the Election Code. A ranking ballot shall be deemed to have been timely received if it arrives in the office of the election authority within 14 days after the consolidated election.

d) The election judges shall be responsible for any determination of voter intent, including but not limited to interpretation of illegible or obscured numerical indications. A majority vote of the judges shall be the final determination of the voter's intent.

e) If the voter's intent to cast a vote cannot be ascertained due to a lack of a numerical notation on the blank line opposite any of the candidate's names on the ballot at the consolidated election, no vote shall be cast for that candidate.

f) Ranking ballots shall be safeguarded and secured, as required by Section 17-20 of the Code, by the election authority during the period between the municipal primary and municipal election and will not be available for any public inspection. The ranking ballots shall be destroyed in accordance with Section 17-20 of the Code.

g) If the voter has the opportunity to vote for multiple positions within the same race, the highest ranked candidates appearing on the consolidated election ballot, up to the number of candidates to be elected to that office, shall receive the votes. The highest ranking shall be the ranking that is closest to the number one.

h) Ballots that are remade and cast pursuant to this Part shall be attributed to the precinct in which the voter resides.

i) Voter history shall be recorded for the consolidated election for each individual who casts a ranked ballot.

j) If the voter only returns a ranking ballot, it shall be remade and counted regardless of the fact that the voter did not return a consolidated primary or non-municipal or non-township ballot.

Part 218 Counting of Provisional Ballots

26 Ill. Adm. Code 218.10 General Provisions

This Part implements Article 18A of the Election Code, setting forth procedures to be followed when counting provisional ballots (see Section 18A-5 of the Code) that were voted and cast in a precinct other than the precinct in which the provisional voter is registered.

a) Definitions

"Citywide or Villagewide Office" means an office elected by the electors of an entire municipality.

"Correct Precinct" means the precinct containing the addresses at which the provisional voter resides and at which he/she is registered to vote.

"Countywide Office" means the offices of Clerk, Sheriff, State's Attorney, Circuit Court Clerk, Recorder, Auditor, County Board President, County Board Member or County Commissioner in those counties that elect those officers countywide, Coroner, Regional Superintendent of Schools, Sanitary District Commissioners/Trustees, Assessor, Board of Review Members in those counties that elect those officers countywide, and Treasurer. Some of the above offices are not elected offices in certain counties as they are appointed or simply do not exist in the county.

"Election Authority" means either the County Clerk, County Board of Election Commissioners or Municipal Board of Election Commissioners, as the case may be.

"Election Code" or "Code" means 10 ILCS 5.

"Election Jurisdiction" means an entire county, in the case of a county in which no city board of election commissioners is located or that is under the jurisdiction of a county board of election commissioners; the territorial jurisdiction of a city board of election commissioners; and the territory in a county outside of the jurisdiction of a city board of election commissioners. In each instance, election jurisdiction shall be determined according to which election authority maintains the permanent registration records of qualified electors.

"Incorrect Precinct" means the precinct in which the voter cast a provisional ballot, but is not the precinct containing the address at which he/she is registered to vote. In order for a provisional ballot to be eligible for counting when cast in an incorrect precinct, that precinct must be located within either the county or municipality in which the voter is registered.

"Leading Established Political Party" means one of the two political parties whose candidates for Governor at the most recent 3 gubernatorial elections received either the highest or second highest average number of votes. The first leading political party is the party whose candidate for Governor received the highest average number of votes in the 3 most recent gubernatorial elections and the second leading political party is the party whose candidate for Governor received the second highest average number of votes in the 3 most recent gubernatorial elections.

"Legislative District" means the district in which an Illinois State Senator is elected to serve the residents.

"Persons Entitled to Vote Provisionally" or "Provisional Voter" means a person claiming to be a registered voter who is entitled by Section 18A-5 of the Code to vote a provisional ballot under the following circumstances:

The person's name does not appear on the official list of eligible voters for the precinct in which the person seeks to vote;

The person's voting status has been successfully challenged by an election judge, a pollwatcher or any legal voter;

A federal or State court order extends the time for closing the polls beyond the time period established by State law and the person votes during the extended time period;

The voter registered to vote by mail and is required by law to present identification when voting either in person or by absentee ballot, but fails to do so;

The voter's name appears on the list of voters who voted during the early voting period, but the voter claims not to have voted during the early voting period; or

The voter received an absentee ballot but did not return the absentee ballot to the election authority, and failed to surrender it to the election judges. (Section 18A-5 of the Code)

"Statewide Office" means the Constitutional offices of Governor and Lt. Governor running jointly, Secretary of State, Attorney General, Comptroller and Treasurer.

"Township Office" means an office elected by the electors of an entire township.

b) Procedures for Voting Provisionally in the Polling Place

1. If any of the 6 reasons (cited in the definition of provisional voter in subsection (a)) for casting a provisional ballot exists, an election judge must accept any information provided by a person who casts a provisional ballot that the person believes supports his or her claim that he or she is a duly registered voter and qualified to vote in the election. However, if the person's residence address is outside the precinct boundaries, the election judge shall inform the person of that fact, give the person the appropriate telephone number of the election authority in order to locate the polling place assigned to serve that address (and/or consult any alternative tools provided by the election authority for determining a voter's correct precinct polling place) and instruct the person to go to the proper polling place to vote. (Section 18A-5(b)(1) of the Code)

2. Once it has been determined by the election judges that the person is entitled to receive a provisional ballot, and the voter has completed the provisional voter affidavit (see Section 18A-5(b)(2) of the Code), the voter shall be given a provisional ballot and shall proceed to vote that ballot. Upon receipt of the ballot by the election judges, the ballot shall be transmitted to the election authority in accordance with Section 18A-10(a) of the Election Code.

3. In the event that a provisional ballot is mistakenly cast in a precinct other than the precinct that contains the voter's address of registration, the following Section shall apply. (This is a situation in which the voter believed he/she registered in the precinct in which he/she voted provisionally, and the election judges should have, but did not direct the voter to vote in the correct precinct.)

26 Ill. Adm. Code 218.20 Counting Procedures for Provisional Ballots Cast in an Incorrect Precinct (within the Same Election Authority's Jurisdiction)

a) The election authority shall:

1. transmit to the State Board of Elections the provisional voter's identifying information and voting jurisdiction (see Section 18A-15(d) of the Code) within 2 calendar days. Following that, and subject to subsection (2) below, if the election authority having jurisdiction over the provisional voter determines that the voter has cast a provisional ballot in an incorrect precinct, the ballot shall still be counted using the procedures established in subsection (b) or Section 218.30 if applicable. Jurisdictions that use election machines authorized pursuant to Article 24C of the Election Code for casting provisional ballots may vary procedures of this Section and Section 218.30 as appropriate for the counting of provisional ballots cast on those machines.

2. determine whether the voter was entitled to cast a provisional ballot. The voter is entitled to cast a provisional ballot if:

A) the affidavit executed by the voter contains, at a minimum, the provisional voter's first and last name, house number and street name, and signature or mark (Section 18A-15(b)(2) of the Code);

B) the provisional voter is a registered voter based on information available to the county clerk or board of election commissioners provided by or obtained from the provisional voter, an election judge, the Statewide voter registration database maintained by the State Board of Elections, the records of the county clerk or board of election commissioners' database, or the records of the Secretary of State (Section 18A-15(b)(3) of the Code); and

C) the provisional voter did not vote by absentee ballot and did not vote during the period for early voting (Section 18A-15(b)(4) of the Code).

b) Once it has been determined by the election authority that the voter was entitled to vote a provisional ballot, even though it had been cast in an incorrect precinct, the election authority shall select a team or teams of 2 duly commissioned election judges, one from each of the two leading established political parties in Illinois (currently the Democratic Party and Republican Party) to count the votes that are eligible to be cast on the provisional ballot. In those jurisdictions that use election officials as defined in Section 18A-15(h) of the Code, these duties may be performed by those election officials.

1. Votes cast for Statewide offices, the Office of President of the United States (including votes cast in the Presidential Preference Primary), and United States Senate shall be counted on all provisional ballots cast in the incorrect precinct.

2. Votes cast for Representative in Congress, delegate/alternate delegate to a national nominating convention, State Senator, State Representative, or countywide, citywide or township office shall be counted if it is determined by the election judges or officials that the voter would have been entitled to vote for one or more of these offices had the voter voted in the precinct in which he or she is registered to vote (i.e., the correct precinct) and had the voter voted a ballot of the correct ballot style containing all the offices and candidates for which the voter was entitled to cast a ballot (the correct ballot style). This determination shall be made by comparing a sample ballot of the correct ballot style with the actual provisional ballot cast by the voter. If the same office (including the same district number for a Congressional, Legislative or Representative district) appears on both the correct ballot style sample ballot and the provisional ballot cast by the voter, votes for that office shall be counted. All votes cast for any remaining offices (offices for which the voter would not have been entitled to vote had he or she voted in the correct precinct) shall not be counted.

3. No votes shall be counted for an office when the voter voted for more candidates than he/she was allowed.

4. Once it has been determined which offices are to be counted and the provisional ballot contains no other votes, the provisional ballot shall be counted pursuant to the procedures set forth in this subsection (b).

5. If a provisional ballot does not contain any valid votes, the provisional ballot shall be marked invalid and shall not be counted.

6. Any provisional voting verification system established by an election authority shall inform the provisional voter that his or her provisional ballot was partially counted because it was cast in an incorrect precinct.

7. If a provisional ballot only contains votes cast for eligible offices, and does not contain any votes cast for ineligible offices, the ballot may be tabulated without having to be remade.

8. If a provisional ballot contains both valid votes that must be counted and invalid votes that cannot be counted:

A) the election judges, consisting in each case of at least one of each of the 2 leading political parties, shall, if the provisional ballot was cast on a paper ballot sheet, proceed to remake the voted ballot onto a blank ballot that includes all of the offices for which valid votes were cast, transferring only valid votes. The original provisional ballot shall be marked "Original Provisional Ballot" with a serial number commencing at "1" and continuing consecutively for ballots of that kind in the precinct. The duplicate provisional ballot shall be marked "Duplicate Provisional Ballot" and be given the same serial number as the original ballot from which it was duplicated. The duplicate provisional ballot shall then be treated in the same manner as other provisional ballots.

B) if the provisional ballot was cast on a direct recording electronic voting device, the election judges shall mark the original provisional ballot as a partially counted defective electronic provisional ballot because it was cast in the incorrect precinct (or bear some similar notation) and proceed to either:

i) remake the voted ballot by transferring all valid votes to a duplicate paper ballot sheet of the correct ballot style, marking the duplicate ballot "Duplicate Electronic Provisional Ballot" and then counting the duplicate provisional ballot in the same manner as the other provisional ballots marked on paper ballot sheets; or

ii) transfer, or cause to be transferred, all valid votes electronically to the correct precinct, which shall be counted and added to the vote totals for the correct precinct, excluding any votes that cannot be counted. If this method is used, a permanent paper record must be generated for both the defective provisional ballot and the duplicate electronic provisional ballot.

c) For provisional ballots cast at a partisan primary election, the judges shall use a duplicate ballot of the correct ballot style for the same political party as the ballot chosen by the voter.

d) At least one qualified pollwatcher for each candidate, political party, and civic organization, as authorized by Section 17-23 of the Code, shall be permitted to observe the ballot remaking process.

26 Ill. Adm. Code 218.30 Counting Procedures for Provisional Ballots Cast in an Incorrect Precinct (within a Different Election Authority's Jurisdiction)

a) Incorrect Precinct is Located in the Same County as the County Where the Voter is Registered

The election authority having possession of the provisional ballot shall first notify the election authority having jurisdiction over the provisional voter that the voter cast a provisional ballot in its jurisdiction and provide whatever information is needed for the election authority to comply with the notification requirements set forth in Section 18A-15(d) of the Code. For purpose of determining which election authority has jurisdiction over the provisional voter, the election authority having possession of the provisional ballot shall use the address listed on the provisional ballot affidavit that was provided by the voter. If that address is different from the address at which the voter is registered the ballot shall be rejected; however, the affidavit shall serve as a request to register at that address. If a voter cast a provisional ballot in an incorrect precinct located in the jurisdiction of an election authority other than the election authority having jurisdiction over the voter's correct precinct, but where the precinct is located within the same county as the 2 election authorities (e.g., a voter is registered in the City of Chicago, but casts a provisional ballot in suburban Cook County), the election authority in whose territory the provisional ballot was cast shall, after receipt of the provisional ballot, transmit it, along with the provisional voter's affidavit and any other documentation provided to the election judges, to the office of the election authority having jurisdiction over the voter's correct precinct. The ballot shall be sealed in a secure envelope or other suitable container and transmitted within 8 business days after the election at which it was cast. If the locations of the election authorities' offices are such that it is feasible to hand deliver the ballot, the ballot shall be sealed in a secure envelope and transmitted in that manner by 2 election judges (or election officials), one from each of the 2 leading political parties. If the locations of the 2 election authorities are such that it is not feasible to hand deliver the ballot, the election authority having jurisdiction over the incorrect precinct shall cause the ballot to be sealed in a secure envelope and transmitted via express mail within 8 business days after the election at which the ballot was cast, with a delivery date no later than the second business day following the mailing date. Upon receipt of the ballot by the election authority having jurisdiction over the correct precinct, the election authority shall proceed to remake, and count the votes on, the provisional ballot in accordance with the procedures described in Section 218.20, including the determination of eligibility to cast a provisional ballot. Any information provided to the election authority within the 7 day period provided for in Section 18A-15 of the Code shall be sealed in a secure envelope and transmitted to the office of the election authority having jurisdiction over the voter's correct precinct, along with the provisional ballot of that voter.

b) Incorrect Precinct is Located in a Different County from the County Where the Voter is Registered, but is Located in the Same Municipality and/or Legislative District as the One in Which the Voter is Registered

1. The election authority having possession of the provisional ballot shall first notify the election authority having jurisdiction over the provisional voter that the voter cast a provisional ballot in its jurisdiction and provide whatever information is needed for the election authority to comply with the notification requirements set forth in Section 18A-15(d) of the Code. For purposes of determining which election authority has jurisdiction over the provisional voter, the election authority having possession of the provisional ballot shall use the address listed on the provisional ballot affidavit that was provided by the voter. If that address is different from the address at which the voter is registered, the ballot shall be rejected; however, the affidavit shall serve as a request to register at that address. The election authority shall then cause the ballot, along with the provisional voter's affidavit and any other documentation provided to the election judges, to be transmitted via express mail within 8 business days after the election at which the ballot was cast, with a delivery date no later than the second business day following the mailing date. Upon receipt of the ballot by the election authority having jurisdiction over the correct precinct, that election authority shall proceed to remake and count the votes on the provisional ballot in accordance with the procedures described in Section 218.20, including the determination of eligibility to cast a provisional ballot. Any information provided to the election authority within the 7 day period provided for in Section 18A-15 of the Code shall be transmitted to the office of the election authority having jurisdiction over the voter's correct precinct, along with the provisional ballot of that voter.

2. If a voter casts a provisional ballot in a precinct outside of the county in which he or she is registered and outside of the municipality or Legislative District in which he or she is registered (if applicable), the ballot shall not be counted. It shall, however, be transmitted via the U.S. Postal Service to the election authority having jurisdiction over the voter's correct precinct within 14 days after the election and shall be kept for 2 months, the same length of time as is required for other voted ballots.

For purposes of determining which election authority has jurisdiction over the provisional voter, the election authority having possession of the provisional ballot shall use the address listed on the provisional ballot affidavit that was provided by the voter. If such address is different from the address at which the voter is registered, the ballot shall be rejected, however the affidavit shall serve as a request to register at such address.

26 Ill. Adm. Code 218.40 Follow-Up Procedures

The original provisional ballot cast by the voter shall be stored separately from other ballots voted in the election and shall be preserved in the same manner as original ballots that had to be remade for other reasons, such as a damaged ballot or as a result of a voter over-voting an office.

Chapter 1 State Board of Elections

Part 219 Procedures for Implementing the Electronic Canvass

26 Ill. Adm. Code 219.10 General Provisions

This Part implements Section 22-6 of the Election Code [10 ILCS 5/22-6], setting forth procedures and requirements for the implementation of the electronic canvass (eCanvass).

a) No later than 22 days after each election, each election authority must submit to the State Board of Elections (SBEL), an electronic canvass file, in accordance with the specifications listed in this Part, as well as a paper canvass. The paper canvass must be a report printed directly from the tabulation system that the election authority uses, and may be submitted as a PDF file via email in lieu of printing the report and mailing it via overnight mail. The paper canvass must include:

1. Total registered voters for the jurisdiction;

2. Total registered voters for each precinct;

3. Total ballots cast for the jurisdiction;

4. Total ballots cast for each precinct;

5. Ballots cast by party (primary only);

6. Precinct level results for all offices and candidates; and

7. Valid write-in candidates and valid votes cast for each.

b) Access to the eCanvass System

1. In order to access the eCanvass system, each election authority shall use its Illinois Voter Registration System (IVRS) login credentials. If the election authority would like to delegate this task to a deputy or another jurisdiction employee, it may request eCanvass access through that person's IVRS account.

2. The eCanvass system can be accessed through vendor accounts. The vendors that have been authorized by a jurisdiction to prepare its election results may prepare and complete all aspects of electronic canvassing, except the final certification. The final certification must be completed by the office of the election authority.

c) The Board will provide instructions to the election authority for use of the eCanvass system.

26 Ill. Adm. Code 219.20 Office, Candidate and Party Id Numbers

a) Offices and candidates that are certified by the State Board of Elections will have ID numbers assigned to them by SBEL. In most cases, office ID numbers will not change except in the event that reapportionment requires an increase or decrease in the number of Congressional Districts in Illinois. Judicial offices and statewide questions, which are unique to each election, will be created and assigned at each election.

b) Candidate IDs will be assigned and distributed after the ballot placement lottery conducted pursuant to Sections 7-12 and 10-6.2 of the Election Code has been performed. It is necessary to wait for the lottery results to ensure that the ID numbers generated are in the same order as the ballot order.

c) SBEL will also assign Party ID numbers/codes.

1. Party Codes:

Party

Numeric Code

Alpha Code

Democratic

11

DEM

Republican

12

REP

Green

13

GRN

Constitution

14

CON

Constitution Party of Illinois

15

CPI

Harold Washington

16

HWP

Honesty & Integrity

17

HON

Independent

18

IND

Libertarian

19

LIB

Moderate

20

MOD

Reform

21

REF

Jobs

22

JOB

Better Option

23

BET

10th District Unity

24

TDU

Nonpartisan

99

NP

2. New party codes will be added as needed, and SBEL will notify the jurisdictions of these codes when candidate and office ID numbers are issued.

3. For users of the WinEds, Unity and GEMS tabulation systems, the party ID numbers are two digit codes to associate each candidate with the proper party. In a primary election, the party ID must also be applied to the office. In a general election, the party ID will be 99 for all offices.

4. For users of the Hart Intercivic, Inc. tabulation system, the party ID will be an abbreviated alpha code. To incorporate the code for an office in a primary election, the code should be placed after two pipes (||) following the office name.

For example: UNITED STATES SENATOR ||DEM

ATTORNEY GENERAL ||REP

COMPTROLLER ||GRN

d) SBEL Office and Candidate ID Entry in Tabulation Software

1. GEMS Tabulation Software. The ID numbers must be incorporated into the Candidate and Contest Export ID fields in the following format: aaaa:bb

A) Contest Export ID

i) a = an integer representing the State issued office ID

number.

ii) b = an integer representing the State issued party ID

number. (In a general election, this will always be "99".)

B) Candidate Export ID

i) a = an integer representing the State issued candidate ID

number.

ii) b = an integer representing the State issued party ID

number.

2. Unity Tabulation Software

A) Using Unity EDM, the Candidate Alternate ID field must be entered as "PPCCCCppccccc", where:

i) PP is the State Contest Party Number – 2 digits;

ii) CCCC is the State Contest Number – 4 digits;

iii) pp is the State Candidate Party Number – 2 digits; and

iv) ccccc is the State Candidate Number – 5 digits.

B) NOTE: The ID field must be entered as a complete 13 digit code in order for eCanvass to properly recognize the numbers. Therefore, if part of the sequence has more digits available than are in the ID number, precede the ID number with zeroes in order to fill all digits/spaces.

3. WinEds Tabulation Software. The ID numbers must be entered in a manner that places them in the Illinois Export Master File according to the following specifications:

A) SBEL Office/Contest ID shall be placed in record type 5 in the 4th field.

B) SBEL Office/Contest Party ID shall be placed in record type 5 in the 6th field.

C) SBEL Candidate ID shall be placed in record type 6 in the 4th field.

D) SBEL Party ID shall be placed in record type 3 in the 6th field.

E) Jurisdiction Party ID shall be placed in record type 3 in the 2nd field.

4. Hart Intercivic, Inc. Tabulation Software

A) Jurisdictions that use Hart Intercivic, Inc. equipment and tabulation software must use the candidate and office/contest ID numbers issued by SBEL as their primary ID numbers. ID numbers used for local offices and candidates must be in the ranges established by SBEL. Under no circumstances may ID numbers assigned to any office or candidate that is certified by SBEL be used for any local office or candidate.

B) When entering Parties into the Hart system, the appropriate alpha code must be used because the Hart system is incapable of handling party ID numbers that are greater than 16.

e) Write-In Candidates

1. All results for candidates who filed a timely Declaration of Intent to be a write-in candidate with the proper election authority must be included in both the paper canvass and the election authority's eCanvass certification. These results must also be included when no valid votes were cast for the write-in candidate.

2. Electronic Reporting of Vote Totals for Write-In Candidates

A) Jurisdictions using tabulation systems that do not report vote totals for individual write-in candidates in the export files must enter the information through the eCanvass website (https://ecanvass.elections.il.gov).

B) When a write-in line is printed on the ballot, the data file will reflect this by including a candidate with the name "write-in" within the respective office.

C) Jurisdictions using tabulation systems capable of including individual write-in candidate totals must ensure that the candidates are properly coded to be recognized as write-in candidates.

i) Hart Intercivic, Inc. Tally exports shall label the candidates as type "WI" to identify that they are write-in candidates.

ii) GEMS software shall assign ID numbers in the range of 9000-9499 to write-in candidates. See subsection (e)(1)(B) for proper candidate ID formatting. Write-in candidates must NOT be entered manually on the website if they are included in the export file.

iii) New systems certified after adoption of this Part shall identify valid write-in candidates in the master file record structure, record type 6, in the 6th field.

iv) When valid write-in votes are included in the data file, the valid vote count reported for the write-in candidate must be subtracted from the count listed for the candidate "write-in", which will then reflect only invalid write-in votes cast.

f) Verification Files

All jurisdictions must upload a verification file to ensure that all ID numbers and offices are properly loaded in their election database. This verification file must be uploaded early enough (before the election) that changes to the election setup can be made and shall be created in accordance with the same procedures for creating a canvass data file.

26 Ill. Adm. Code 219.30 File Specification and Export Procedures

a) GEMS Tabulation Software. Jurisdictions must prepare a standard text file export to be uploaded to the eCanvass system with the following settings:

1. Label: A jurisdiction may name this export whatever it likes, as long as it will be recognized as the SBEL export;

2. County Code: Enter the jurisdiction name;

3. Field Delimiter: _{(located in the top left corner of most keyboards) NOTE: Make certain that, when this character is entered in the appropriate box, no space remains in front of the character. GEMS has a space in the text field by default and it needs to be deleted before entering} into the box;

4. Quote strings should NOT be checked;

5. Export Results for: All boxes should be checked;

6. Reporting Set: All races;

7. Row Definitions: All boxes should be checked;

8. Column Definitions: All boxes should be checked.

NOTE: If the jurisdiction has set up an administrative precinct for President/Vice President only ballots, a memory card must be created for this precinct. It must be downloaded and closed even if it only has zero totals and must be uploaded to GEMS in order to generate the same statistics as the other precincts in the database. The President/Vice President only precinct should be treated like all other precincts in the Presidential General Election.

b) Unity Tabulation Software. Jurisdictions must use the Unity ERM software to generate a "Results XML File" to be uploaded through the eCanvass system. To properly generate the file, follow these steps:

1. Click on the "State Transfer" menu;

2. Select "Create Results XML File";

3. For Verification Files: Select the option "Run the XML Create Program − Interim" and click "OK";

For Results Certification: Select the option "Run the XML Create Program – Final Results" and click "OK".

c) Tally Tabulation Software. Jurisdictions using Hart Intercivic, Inc. tabulation software must generate the EDX export file through the Tally Export Wizard.

1. Jurisdictions using Hart Intercivic, Inc. tabulation software must use ONLY "Tally" software to prepare their export files. The "Fusion" software must NOT be used as it will not maintain the original ID numbers.

2. If multiple databases are created for a single election, the jurisdiction must use "Tally" to create separate EDX export files for each database. After logging into eCanvass, the user must select how many files to be uploaded. In the event that multiple files have to be generated, this will facilitate combining the results and maintaining the original ID numbers.

d) WinEds Tabulation Software. Jurisdictions using Dominion Voting Systems WinEds tabulation software shall generate the IL State Export Master File and Vote File and upload both through the eCanvass system.

26 Ill. Adm. Code 219.40 New System Requirements

In order to facilitate accurate calculations for signature requirements, it is necessary to have ballot style level data from within each precinct. When precincts are split, there is no way to accurately attribute the portion of ballots cast within one district from those cast in a different district within the same precinct. Therefore, when a new system is certified in this State, in addition to this Part, the new system must meet the following requirements prior to being tested for certification in Illinois:

a) System must be able to generate election results/data for all elections in the preferred Appendix A (Illinois eCanvass File Format).

b) System must be able to provide votes by each ballot style from within each precinct (records will be in the vote file).

c) System must provide ballots cast for contests in which no candidate has filed. This is most common in primaries in which there are no candidates that file for a given established party. Under these circumstances, the number of times that the contest was on a ballot that was voted should be reported as a blank ballot for that contest. (In the vote file, the 4th field for this record shall be labeled as "9999997".)

26 Ill. Adm. Code 219.APPENDIX A Illinois Ecanvass File Format

Master File Record Structure

Column Start

Length

Date Type

Ballot Style

Precinct

Party

1

2

Record Type (Integer)

Record

Type = 1

Record

Type = 2

Record

Type = 3

3

7

Unique System Id (Integer)

Ballot Style ID [1]

Precinct ID [6]

(Vendor)

Party ID [9]

10

50

Name (String)

Ballot Style Name [2]

Precinct Name [7]

Party Name [10]

60

20

Code (String)

80

7

Display List Order (Integer)

87

7

Party ID (Vendor or State Number)

Ballot Style (Vendor) Party ID [3]

(SBE) Party ID [11]

94

1

Varies/Record

Dependent (Boolean 0 or 1)

Is Federal [4]

0 = Non-Federal

Ballot Style

1 = Federal Ballot Style

95

2

Vote For (Integer)

Proposition Only [5]

00 = No

01 = Yes

97

7

Varies/Record Dependent (Integer)

Registration [8]

(Master File Record Structure Cont.)

District

Contest

Candidate

Record

Type = 4

Record

Type = 5

Record

Type = 6

District ID [12]

(Vendor)

Contest ID [15]

(Vendor)

Candidate ID [21]

District Name [13]

Contest Name [16]

Candidate Name [22]

(SBE) Contest ID [17]

(SBE) Candidate ID [23]

District List Order [14]

Contest List Order [18]

Candidate List Order [24]

(SBE) Party ID [11]

(Vendor) Candidate Party ID [25]

Is Proposal [19]

0 = Normal Contest

1 = Proposal

Is Write-in [31]

0 = Regular Candidate

1 = Write-In Candidate

Vote For [20]

District ID [12]

(Vendor) Contest ID [15]

Vote File Record Structure

Column

Start

Length

Date Type

1

7

Precinct ID (Integer) [6]

8

7

Ballot Style ID (Integer) [1]

15

7

(Vendor) Contest ID (Integer) [15]

0 = Turnout Record [26]

22

7

(Vendor) Candidate Id (Integer) [21]

9999999 = Over Votes [27, 28]

9999998 = Under Votes [27, 29]

9999997 = Blank Ballot [27, 30]

0 = Turnout Record [26]

29

7

Vote Count (Integer)

Definitions

1 Ballot Style ID – A unique (to the jurisdiction) numeric identifier for the given ballot style

2 Ballot Style Name – A unique (to the jurisdiction) name assigned to the given ballot style

3 Ballot Style (Vendor) Party ID – Only applicable in a primary election, this party ID identifies the party for a given ballot style

4 Is Federal – Designates if a ballot style contains only federal contests

5 Proposition Only – Only applicable in a primary election, this identifies a ballot style as only having questions of public policy (referenda)

6 Precinct ID – Unique (to the jurisdiction) numeric identifier for the given precinct

7 Precinct Name – A unique (to the jurisdiction) name to identify the precinct

8 Registration – The number of registered voters within a precinct. This number should reflect only the "active" registered voters from that precinct

9 (Vendor) Party ID – Unique Identifier for the political parties active in a given election, assigned by the jurisdiction or tabulation vendor

10 Party Name – Name of a given political party

11 (SBEL) Party ID – ID assigned to a given political party by SBEL; SBEL party ID for a contest will reflect the party for a contest in a primary election; in a General Election this ID will be designated as "99" (Nonpartisan) since the office does not have a party affiliation in a General Election

12 District ID – Unique (to the jurisdiction) ID assigned by the jurisdiction to a given political district/unit of government

13 District Name – A unique text representation of the district/unit of government (e.g., 4TH APPELLATE COURT)

14 District List Order – A hierarchical number representing the order in which districts appear on the ballot

15 (Vendor) Contest ID – A unique ID number assigned to an office/contest by the jurisdiction or tabulation vendor

16 Contest Name – A unique text representation of the contest/office (e.g., 4TH APPELLATE COURT – SMITH VACANCY)

17 (SBEL) Contest ID – ID assigned to a given office/contest by SBEL; should be zero in the case that an ID is not assigned by SBEL for the given contest

18 Contest List Order – A hierarchical number representing the order in which offices/contests appear on the ballot

19 Is Proposal – Designates if a contest/office is actually a question of public policy (referenda)

20 Vote For – Number of candidates to be elected/nominated within a given office/contest

21 (Vendor) Candidate ID – Unique ID assigned to a candidate by jurisdiction/vendor

22 Candidate Name – Name of candidate or position on a referendum question

23 (SBEL) Candidate ID – ID assigned by SBEL for the given candidate; in the event that no ID is assigned by SBEL, this ID shall be zero

24 Candidate List Order – A hierarchical number representing the order in which candidates appear on the ballot

25 (Vendor) Candidate Party ID – ID assigned by the jurisdiction or vendor to the candidate

26 Turnout Record – In the vote file, a turnout record will have a contest ID of zero and a candidate ID of zero, and will have one record per precinct and ballot style combination; the turnout record will effectively report the number of times a ballot style was counted within a particular precinct

27 Reporting of Under Votes, Over Votes and Blank Ballots – Under votes, over votes and blank ballots shall be designated in the candidate ID field with codes of 9999998, 9999999 and 9999997, respectively, and shall have a corresponding contest ID

28 Under Votes – The number of times that the contest was on a tabulated ballot when votes cast are less than the Vote For number

29 Over Votes – The number of times that the contest was on a tabulated ballot when votes cast are more than the Vote For number

30 Blank Ballots – For a given contest, the number of times a ballot is cast when the contest has no candidates

31 Is Write-in – Identifies that the candidate is a write-in candidate

History

• Source: Amended at 41 Ill. Reg. 12883, effective September 26, 2017

26 Ill. Adm. Code 300.10 General Provisions

a) Sections 1A-16.1, 1A-16.2, 1A-16.5, and 1A-16.7 of the Election Code [10 ILCS 5/1A-16.1, 1A-16.2, 1A-16.5, and 1A-16.7] require the State Board of Elections to establish an automatic voter registration program.

b) This Part, pursuant to the Code, establishes the automatic voter registration program for the State of Illinois. This Part applies equally to any in-person or online transaction involving voter registration.

c) This Part implements the requirements of Code Sections 1A-16.1, 16.2, 16.5, and 16.7, establishes the framework for electronic voter registration, and maintains administrative efficiency while also protecting the integrity of the voter registration system and the legitimate privacy interests of the State Board, local election authorities, and the citizens of the State of Illinois.

26 Ill. Adm. Code 300.20 Definitions

As used in this Part:

"Attestation" means a provision included on the voter registration application that meets the requirements of Code Section 1A-16.2, is affirmed by the applicant, and is made under penalty of perjury.

"Board", "State Board", or "SBE" means the Illinois State Board of Elections.

"Code" means the Election Code [10 ILCS 5].

"Duplicate Application" means any application received by the SBE from a designated voter registration agency in which the following data fields are an exact match to a registered voter's information already in the Statewide voter registration database: voter's name, voter's date of birth, voter's driver's license or state identification card number or the last four digits of the voter's social security number, as the case may be, and voter's residence address.

"Election Authority" means a county clerk or a Board of Election Commissioners. [10 ILCS 5/1-3(8)]

"Individual" means a natural person. "Individual" does not include a corporation, association, organization, partnership, or any other non-natural person.

"Mailing Address" means an address, distinct from an individual's residence address, at which the individual receives mail.

"Pending Status" means the designation given to a voter registration application that does not contain a signature image as described by Code Section 1A-16.7(e).

"Residence Address" means the combination of street number, street, city, state, zip code, and other information that identifies an individual's permanent abode.

26 Ill. Adm. Code 300.30 State Board of Elections and Local Election Authority Requirements

The State Board and election authorities will implement the following procedures in the administration of automatic voter registration:

a) State Board

1. The SBE will not accept, store, or maintain any voter documents unrelated to voter registration, such as birth certificates, passports, or other citizenship documents.

2. Driver's license or state identification numbers, as well as the issue dates thereof, and last four digits of social security numbers will be stored to verify voter eligibility and may be used to obtain signature images.

3. The SBE will not transfer a duplicate application to an election authority if the application is deemed to have been submitted within 30 days after the first application.

4. The SBE will notify any designated voter registration agency of any statutory changes governing the administration of voter registration which impacts the agency's administration of its voter registration program or requires an amendment to the interagency agreement.

5. The SBE will continue to transmit to election authorities all complete voter registration applications received from designated automatic voter registration agencies after the period or periods for voter registration close under Articles 4, 5, and 6 of the Code.

b) Election Authorities

1. Election authorities will maintain a voter registration system capable of interfacing with the Statewide voter registration system for the purpose of receiving electronic voter registration applications.

2. Any written notice required by Code Section 1A-16.7(g) will be sent to the applicant within five days after the disposition of the voter registration application.

3. If the SBE is unable to provide a signature image to the election authority as part of the application, the following procedures, implementing the requirements outlined in Code Section 1A-16.7(e), will apply:

A) election authorities will not reject a voter registration application on the sole basis of a missing signature;

B) if an applicant's signature image cannot be otherwise obtained, an election authority will:

i) maintain the application in a pending status; and

ii) mail the applicant a paper-based voter registration form with a request to sign the application and provide a confirmation of the applicant's driver's license or State identification card number or the last four digits of the applicant's social security number;

C) individuals with an application in a pending status will not be afforded the opportunity to vote until the applicant provides the election authority a signature and identification that complies with Section 303 of the federal Help America Vote Act of 2002 (52 U.S.C. 21083); and

D) election authorities will not remove voters in pending status due to lack of signature from their voter rolls, except according to the procedures enumerated in Section 8(d) of the National Voter Registration Act (52 U.S.C. 20507(d)).

4. Election authorities will set the application date as the applicant's date of registration, and any voter registration application with an application date before the 16th day prior to an election day will be deemed timely received.

26 Ill. Adm. Code 300.40 Designated Automatic Voter Registration Agencies

a) When identified in Code Section 1A-16.2(g), an agency is a designated automatic voter registration agency. The agency will implement automatic voter registration in accordance with the applicable section of the jointly adopted rules of the agency and the Board.

b) Pursuant to Code Section 1A-16.2(g), the State Board will enter into an interagency agreement with a governmental agency other than an agency identified therein, allowing the agency to operate as a designated automatic voter registration agency for individuals in the State of Illinois, only if the agency complies with the following requirements:

1. As part of its usual course of business, the agency must provide applications, applications for renewal, change of address forms, or recertification forms to individuals for licenses, permits, or services. The State Board will not enter into an interagency agreement with an agency that offers licenses, permits, or services solely to non-individual applicants (e.g., groups or multi-individual business entities).

2. If the agency offers opt-in automatic voter registration or opt-out automatic voter registration, the applications collected or processed by the agency must contain the individual's:

A) full legal name (first name, last name);

B) residence address;

C) mailing address, if different from residence address;

D) date of birth;

E) sex;

F) Illinois driver's license number, state identification card number, or last 4 digits of the applicant's social security number; and

G) issue date of the individual's Illinois driver's license number or State identification card number, if applicable.

3. Upon implementation of a system for transmitting voter registration applications electronically to the State Board, the designated automatic voter registration agency may not require the applicant to use a paper registration form to complete a voter registration application if the voter can access the electronic voter registration method.

c) Types of Automatic Voter Registration Programs

1. In consideration of the technological capabilities of a designated automatic voter registration agency, the State Board will offer the following types of automatic voter registration programs:

A) Opt-In Automatic Voter Registration, which is an automatic voter registration program wherein an applicant affirmatively elects to register to vote or change an already registered voter's name, residence address, or both, through simultaneous application with a designated voter registration agency.

B) Opt-Out Automatic Voter Registration, which is an automatic voter registration program wherein an applicant's application with a designated automatic voter registration agency serves as simultaneous application to register to vote or to change an already registered voter's name, residence address, or both, unless the applicant affirmatively declines.

C) Website Transfer, which is an automatic voter registration program wherein an applicant affirmatively elects to register to vote or change an already registered voter's name, residence address, or both, by being given the opportunity to complete a website-based application to register or update registration information that has been prefilled with data provided to the designated automatic voter registration agency.

2. Whether an agency collects or cross-references reliable personal information indicating citizenship in the regular course of its application process will determine the type of automatic voter registration program the agency may implement.

3. As used in this Section, "reliable personal information indicating citizenship" means a government-issued source verifying that an individual is a citizen of the United States, and includes the following:

A) a valid, unexpired United States passport or United States passport card;

B) an original or certified copy of a birth certificate filed with the Division of Vital Records or equivalent agency in the applicant's state of birth;

C) a Consular Report of Birth Abroad issued by the United States Department of State, Form FS-240, DS-1350, or FS-545;

D) a Certificate of Naturalization issued by the United States Department of Homeland Security, Form N-550 or Form N-570; and

E) a Certificate of Citizenship issued by the United States Department of Homeland Security, Form N-560 or form N-561.

4. If an agency collects or cross-refences reliable personal information indicating citizenship in the regular course of its application process, the agency may implement opt-in, opt-out, or website transfer automatic voter registration.

5. If an agency does not collect or cross-reference reliable personal information indicating citizenship in the regular course of its application process, it may implement opt-in or website transfer automatic voter registration, but the agency may not implement opt-out automatic voter registration.

6. Under no circumstances will a designated voter registration agency that collects reliable personal information indicating citizenship forward to the SBE original or copies of any documents collected.

7. An agency designated as an automatic voter registration agency under Code Section 1A-16.2 must identify the type of automatic voter registration program in its interagency contract with the State Board.

8. An agency designated as an automatic voter registration agency under Code Section 1A-16.2 must identify specific implementation requirements as required by Code Section 1A-16.2.

d) Every type of automatic voter registration program identified in subsection (b) is subject to the following requirements:

1. The program may not require the applicant to provide duplicate information.

2. The program must incorporate the appropriate attestation under Code Sections 1A-16.2 and 1A-16.5(f) for the type of program implemented and as set forth in the agency's administrative rules jointly adopted with the State Board.

3. Pursuant to Code Section 1A-16.2, the agency must execute a data sharing agreement with the SBE prior to initiating an automatic voter registration program establishing minimum standards for data confidentiality, security, and retention.

4. The agency will produce and provide training to its employees on the requirements to register to vote in Illinois and the processing of voter registration applications.

5. The agency will conspicuously publish requirements to register to vote in Illinois in the location where an individual could complete a dual-purpose application. (See 10 ILCS 5/1A-16.2.)

6. Within 90 days of executing a data sharing agreement to initiate an automatic voter registration program, if additional rulemaking is required, the agency and SBE must initiate the adoption of jointly adopted rules to implement the automatic voter registration program.

26 Ill. Adm. Code 310.10 Automatic Voter Registration; Department of Employment Security

Each designated automatic voter registration agency shall, pursuant to an interagency contract and jointly adopted rules with the State Board of Elections, agree to participate in an automatic voter registration program established by the State Board Elections that satisfies the requirements of this Section and other applicable law. [10 ILCS 5//1A-16.2(a)] The Department of Employment Security (DES) and the State Board of Elections (SBE) will implement the following procedures in their administration of Sections 1A-16.2 and 1A-16.7 of the Election Code (Code) [10 ILCS 5]:

a) SBE will provide the technological means by which information contained on an individual's DES application for unemployment insurance benefits will be transferred to the SBE online voter registration system for completion by the voter registration applicant. The applicant will be provided the opportunity to complete the prefilled online voter registration application via the online voter registration system established and maintained by SBE in accordance with Section 1A-16.5(a) of the Code.

b) DES will make information available for transfer to the SBE online voter registration system that it collects in its usual course of business from unemployment insurance benefit applications. SBE will not knowingly forward to an election authority a voter registration application that contains a business address or post office box as primary residence or otherwise omits a required element of a voter registration application. (See 10 ILCS 5/1A-16).

c) If DES transmits information from unemployment insurance benefits applications to the SBE online voter registration system for completion, SBE will conspicuously inform applicants in writing when voter registration via electronic application is closed. SBE will make technological means available by which DES, as its technological capabilities allow, may submit voter registration applications to SBE during grace period registration under Sections 4-50, 5-50, or 6-100 of the Code. (See 10 ILCS 5/1A-16.2(a)).

26 Ill. Adm. Code 410.10 General Provisions

This Part implements Sections 4-33, 5-43, and 6-79 of the Election Code [10 ILCS 5] which require that the State Board of Elections shall certify that the system used by the election authority complies with the standards set forth in the respective Section of the Code. [10 ILCS 5/4-33(d); 5-43(d); 6-79(d)] A computer-based voter registration system will not have access to the statewide voter registration system unless it is certified in accordance with this Part.

26 Ill. Adm. Code 410.20 Definitions

As used in this Part:

"Board" means the Illinois State Board of Elections.

"Code" means the Election Code [10 ILCS 5].

"Computer-Based Voter Registration System" or "system" means a system developed pursuant to Code Section 4-33, 5-43, or 6-79 that is capable of aggregating, storing, or sharing a computer-based voter registration file, including, but not limited to, a system used to transfer, store, or reproduce a registrant's signature image. "Computer-based voter registration system" does not include a system or vendor-provided service that performs election administration functions for the Board under a contract with the State or federal government. "Computer-based voter registration system" includes systems that connect to the statewide database, including, but not limited to, voter registration portals and databases, but does not include electronic ballot delivery services, e-pollbooks, election night reporting systems, or other technologies certified under 26 Ill. Adm. Code 204.

"Computer-Based Voter Registration System Certification Standards" or "Certification Standards" means the technical and processing requirements for the approval of computer-based voter registration systems that are developed by the staff of the State Board of Elections and published on the Board website.

"Security Breach" means unauthorized access, modification, or acquisition of computerized data that compromises the security, confidentiality, or integrity of voter registration data maintained by the election authority or within the computer-based voter registration system. "Security breach" includes unauthorized access to a system's network of remote servers that store and deliver data, applications, and services over the internet.

"Statewide Voter Registration Database" or "statewide database" means the centralized statewide voter registration list created and maintained by the Board in accordance with Code Section 1A-25.

"Vendor" means any individual, company, or manufacturer contracting to supply a computer-based or voter registration system, system component, or support of the system.

26 Ill. Adm. Code 410.30 Requirements for the Use of Computer-Based Voter Registration Systems

The Board will not certify a computer-based voter registration system for use under Code Section 4-33, 5-43, or 6-79 unless the system meets the requirements set forth in the applicable Section and:

a) the computer-based voter registration system securely transmits required data in the manner outlined in the certification standards;

b) the computer-based voter registration system is capable of securely connecting to the Illinois Century Network;

c) the computer-based voter registration system meets minimum access and control standards for data security set forth in the certification standards, including, but not limited to, mandated use of multi-factor authentication; and

d) the applicable procedures for approval under this Part have been completed.

26 Ill. Adm. Code 410.40 Procedure for Certification

The Board will certify and allow access to the statewide voter registration database by a computer-based voter registration system in accordance with the following procedures:

a) For a computer-based voter registration system that has never been certified for access to the statewide voter registration database:

1. No later than 180 days before the first election the election authority anticipates using the computer-based voter registration system, the election authority shall inform Board staff in writing of its intent to begin using the computer-based voter registration system and the date the election authority intends to begin using the computer-based voter registration system.

2. After receiving notice from the election authority of its intent to begin using the computer-based voter registration system, Board staff will assess whether the computer-based voter registration system meets the certification standards.

3. As soon as practical, but not later than 60 days after the successful completion of each item of the certification standards verification process, Board staff will report at a regular meeting of the Board that the computer-based voter registration system has successfully demonstrated that it meets the certification standards.

4. No later than one week following the Board meeting at which the report of the successful completion of the certification standards verification process was included on the Board meeting agenda, the computer-based voter registration system will be granted access to the statewide database in accordance with its use by the election authority identified in subsection (a)(1).

5. At the Board meeting before each consolidated, primary, or general election, Board staff will give a report of any outstanding certifications and of any notifications that were received by the Board after the deadline under subsection (a)(1) of 180 days before the election. The report of the Board staff will include information about the progress of the certification standards verification process, and it may include recommendations concerning whether to allow the use of the computer-based voter registration system on a limited basis. After considering the report of the Board staff and any other documentation or statements provided at the meeting, the Board may allow the use of a computer-based voter registration system on a limited basis if, in the totality of the circumstances, doing so would be in the public interest. Any access to the statewide database given under this subsection (a)(5) will be revoked 60 days following the proclamation of the results of the election, unless the procedures outlined in subsection (a)(2) through (a)(4) are met.

b) For a computer-based voter registration system that has been certified by the Board for use by another election authority:

1. The election authority seeking to use a computer-based voter registration system shall inform Board staff in writing of its intent to begin using the computer-based voter registration system and the date of the election authority's intended transition thereto.

2. After receiving notice from the election authority of its intent to use the computer-based voter registration system, Board staff will assess whether the form and type of data submitted to the statewide database through the new computer-based voter registration system conforms with the data previously submitted to the statewide database via the previous system used by the election authority. Board staff will evaluate and confirm the type and form of data submitted through previous data transmissions and will confirm that the type and form of data transferred via the new system will meet requirements of the Code and this Part. Board staff may recommend processes and procedures to optimize the continuity of services during the transition to the new system.

3. The certification standards verification process need not be completed for a computer-based voter registration system seeking access to the statewide database under this subsection (b) unless there is a change to the signature capture method or storage. In those cases, the vendor of the computer-based voter registration system must complete the portion of the certification standards verification process pertaining to the signature digital application.

4. The election authority may use the computer-based voter registration system to access the statewide database upon receiving notice from the Board that the evaluation required by this subsection (b) has been successfully completed. Board staff will notify the Board at its next regular meeting of the expansion of the use of the previously approved computer-based voter registration system.

c) A computer-based voter registration system in use and/or accessing the statewide database on February 9, 2026 is required to complete the certification standards verification process before July 31, 2026.

1. Board staff will notify each election authority using a computer-based voter registration system of this requirement no later than February 9, 2026.

2. Board staff will proceed to assess whether the computer-based voter registration system meets the requirements of the Code and this Part by completing the certification standards verification process of this Section.

3. At the first regular Board meeting following the 180-day deadline set forth in this subsection (c), Board staff will submit a report that:

A) certifies the computer-based voter registration systems that have successfully completed the certification standards verification process of this Section; and

B) includes a list of computer-based voter registration systems that have not met the requirements of this subsection (c) and the election authorities that use those systems.

4. At the meeting at which the report under subsection (c)(3) was made, the Board, after listening to oral statements and considering written documentation submitted and determining that the totality of the circumstances warrant an extension, will extend the 180-day deadline for an additional 60 days. At the first regular Board meeting following this extension, Board staff will submit a report that:

A) certifies the computer-based voter registration systems that have successfully completed the certification standards verification process of this Section within the extension window; and

B) includes a list of computer-based voter registration systems that have not met the requirements of this subsection (c) within the extended timeframe and the election authorities that use those systems.

5. No later than one week following the Board meeting at which the report required by subsection (c)(3), or subsection (c)(4) if an extension is granted, was presented, Board staff will revoke access to the statewide database for each computer-based voter registration system that has not successfully completed the certification standards verification process as required.

6. Board staff will immediately restore any access revoked under this subsection (c) upon the successful completion of the certification standards verification process of this Section. Board staff will report any restoration under this subsection (c)(6) at the next regular meeting of the Board.

26 Ill. Adm. Code 410.50 Security of Data in Transit

The Board will ensure that data is protected in transit between the computer-based voter registration system and the statewide database. Election authorities are responsible for securing data while it is within their local systems and while it is in transit to and from and otherwise held by entities other than the Board.

26 Ill. Adm. Code 410.60 Recertification

a) To continue to be certified for use under Code Section 4-33, 5-43, or 6-79, a computer-based voter registration system must successfully be found by Board staff and reported at a meeting of the Board that the system meets the certification standards:

1. before December 31, 2027, and before December 31 of every odd-numbered year thereafter; and

2. within 90 days after a material change to the functionality, capability, reliability, or operation of the computer-based voter registration system that would impact the requirements noted in the certification standards.

b) The Board may stay any deadlines provided in subsection (a) that fall within 45 days of an election until 60 days after the proclamation of the results of the election, if doing so would be in the public interest.

c) At the first regular Board meeting following the deadlines set forth in this Section, Board staff will submit a report that:

1. certifies the computer-based voter registration systems that have successfully completed the certification standards verification process; and

2. includes a list of computer-based voter registration systems that have not met the requirements of this Part.

d) At the meeting at which the report under subsection (c) is made, the Board, after hearing statements and reviewing any documentation submitted and determining that the totality of the circumstances warrant an extension, may extend the deadline an additional 60 days. At the first regular Board meeting following this extension, Board staff will submit a report that:

1. certifies the computer-based voter registration systems that have successfully completed the certification standards verification process within the extension window; and

2. includes a list of computer-based voter registration systems that have not met the requirements of this Part within the extended timeframe and the election authorities that use those systems.

e) No later than one week following the Board meeting at which the report required by subsection (c) or subsection (d) was presented, Board staff will revoke access to the statewide database for each computer-based voter registration system that has not successfully completed the certification standards verification process as required by this Section.

f) Board staff will immediately restore any access revoked under subsection (e) upon the successful completion of the certification standards verification process required by this Section. Board staff will report any restoration under this subsection (f) at the next regular meeting of the Board.

26 Ill. Adm. Code 410.70 Required Notifications to the Board and Procedures Following Security Breach

a) Notwithstanding any other provision of law, every election authority and vendor is required to notify the Board:

1. as soon as practicable, but in no case more than 5 business days, following the discovery of any security breach in the computer-based voter registration system that subjects voter registration data to unlawful access; or

2. as soon as practicable, but in no case more than 30 days, following the implementation of a material change to the functionality, capability, reliability, or operation of the computer-based voter registration system.

b) A notification of a security breach under subsection (a)(1) may be made jointly by the election authority and vendor but must be accompanied by:

1. a complete timeline of events including when the security breach began, when the security breach was discovered, and the steps taken to address it; and

2. detailed documentation that identifies the systems and data affected and allows for identification of the root causes of the security breach.

c) Following a security breach in the computer-based voter registration system, Board staff will analyze the circumstances surrounding the security breach and make recommendations to the election authority and to the computer-based voter registration system vendor for the mitigation of future risk, including, but not limited to, bringing the computer-based voter registration system into compliance with any additional requirements of the certification standards verification process that have been added since the most recent certification of the computer-based voter registration system.

26 Ill. Adm. Code 410.80 Revocation of Access to the Statewide Database; Decertification

a) In the case of an immediate threat to the security of voter data, Board staff may immediately revoke access to the statewide database without notice. The Board will give notice of the revocation to an affected election authority as soon as practicable and will restore access to the statewide database as quickly as feasible following a revocation under this subsection (a).

b) Board staff will immediately revoke the access granted to the statewide database on a limited basis under Section 410.40(a)(5) if the procedures outlined in Section 410.40(a)(2) through (a)(4) are not met within 60 days following the proclamation of the results of the applicable election under Section 410.40(a)(5). Access to the statewide database will be restored upon the successful completion of the certification procedures outlined in Section 410.40(a)(2) through (a)(4).

c) A computer-based voter registration may be decertified under this Part and access to the statewide database by the decertified computer-based voter registration system may be revoked by Board staff if:

1. the election authority or computer-based voter registration system vendor fails to implement the risk mitigation recommendations made under Section 410.70(c) within 90 days of being sent notice of the risk mitigation recommendations;

2. the election authority or computer-based voter registration system vendor makes a material misrepresentation to the Board concerning the system or during the certification standards verification process; or

3. the election authority or computer-based voter registration system vendor fails to provide notification to the Board as required by Section 410.70 (a) or impedes the ability of Board staff to analyze the circumstances surrounding a security breach and make recommendations for the mitigation of future risk as set forth in Section 410.70(c).

d) The Board will follow the below procedure before access to the statewide database is revoked for a reason listed in subsection (c):

1. The Board will send notice of its intent to consider a revocation of access to the statewide database to each affected election authority and to the computer-based voter registration system via first-class mail and email, if an email address is available, at least 30 days prior to the Board meeting to consider the revocation.

2. At the Board meeting at which revocation under this subsection (d) is considered, the Board will consider any statements or documentation it deems relevant. The Board will vote to revoke access, allow continued access, or continue the matter until the next regular Board meeting.

3. If the Board votes to revoke access under subsection (d)(2) or does not vote to allow continued access at its next regular meeting following a continuance granted under that subsection, within 7 days after the Board meeting, Board staff will revoke access to the statewide database for the computer-based voter registration system.

26 Ill. Adm. Code 410.90 Approval After Decertification and Revocation

a) Following revocation of access to the statewide database under Section 410.80(d), a computer-based voter registration system will not be granted access to the statewide database again until the applicable procedures under Section 410.40(a) are completed.

b) The Board, if it determines that the totality of the circumstances warrant such action after considering presented statements or documentation, or both, may waive individual components of the certification standards verification process at the time it votes to revoke access to the statewide database or at a meeting following the revocation of access.

26 Ill. Adm. Code 410.100 Consolidation of Certification Process

If more than one election authority uses or seeks to use a computer-based voter registration system, Board staff will consolidate, with respect to the system vendor, any certification standards verification processes required by this Part.

26 Ill. Adm. Code 410.110 Contents of Certification Standards

The computer-based voter registration system certification standards will be developed by SBE in consultation with federal recommendations, election and cybersecurity industry standards, and statutory requirements. The certification standards will reflect the requirements of Code Sections 4-33, 5-43, and 6-79 and set forth, at a minimum, the following:

a) minimum data storage/retention standards;

b) minimum security standards surrounding data access and dissemination;

c) requirements concerning connectivity to the statewide database; and

d) data format requirements.

26 Ill. Adm. Code 410.120 Blackout Periods

Board staff may identify blackout periods throughout the year during which the Board will not engage in certification standards verification processes absent extraordinary circumstances. Any blackout periods will be published on the Board website.