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ee Page 87.



The Primary Election Law beginning
on page 87 of this pamphlet was declared
unconstitutional by the Supreme Court
April 5th, 1906.

The new Primary Law, approved by
the- Governor on May 23rd, and in force
July 1st, 1906, has been printed in sepa-
rate form.




X






:



ELECTION LAWS



STATE OF ILLINOIS



With Forms and Instructions for Carrying the
Same Into Effect.



PRINTED FOR THEi USE OF ELECTION OFFICERS



JAMES A. ROSE, Secretary of State
1906



)*** A.



*



SPRINGFIELD:

.I.INOIS STATK .ICTKN I'KIN 11 KS

1906



\



ELECTION LAWS



STATE OF ILLINOIS



"With Forms and Instructions for Carrying the
Same Into Effect.



PRINTED FOR THE USE OF ELECTION OFFICERS



JAMES A. ROSE, Secretary of State
1906



SPRINGFIELD:
ILLINOIS STATE JOURNAL Co., STATE PRINTERS,

1906




TABLE OF CONTENTS.



PAGE.

ELECTIONS, TIME OF HOLDING 7

CONSTITUTIONAL PROVISIONS 78

STATUTORY PROVISIONS:

Article I, Public Officers-\Vhen Elected 15

Article II, Election Precincts and Officers 21

Article III, Registration of Electors 26

Article IV, Compensation of Election Officers 29

Article V, Nomination of Candidates 30

Article VI, Notice of Election 35

Article VII, Ballots and Instructions 36

Article VIII, Ballot Boxes, Booths and Poll Books 40

Article IX, Qualifications of Voters 41

Article X, Manner of Conducting Elections 44

Article XI, Canvassing Returns 52

Article XII, Contesting Elections 54

ArticleXIII, Offenses and Penalties 58

Article XIV, Resignations and Vacancies 63

Article XV, Congressional Apportionment , 67

Article XVI, Senatorial and Representative Apportionment 69

Article XVII, Judicial Apportionment 75

Article XVIII, Publication of Propositions to be Voted for 78

Article XIX, Submission of Questions of Public Policy 78

Article XX, Voting Machines 79

Article XXI, Primary Elections The Primary Law of 1905 87

APPENDIX.

OPINIONS CONSTRUING THE PRIMARY ELECTION LAW OF 1905 139

PRIMARY ELECTIONS OF VOLUNTARY ASSOCIATIONS 155

PRIMARY ELECTIONS IN COUNTIES OF LESS THAN 125,000 163

PRIMARY ELECTIONS IN COUNTIES OF 125,000 OR OVER 168

FORMS PREPARED IN CONFORMITY WITH THE PROVISIONS OF THE

STATUTES 193

INDEX TO GENERAL ELECTION LAWS . 203

INDEX TO PRIMARY ELECTION LAWS .. 207




.257182



NOTE Repealed and obsolete sections have been omitted in this edition,
and the sections in force have been renumbered in regular sequence corre-
sponding with the head notes. In cities, towns and villages which have or
may hereafter adopt the act entitled, '"An act regulating the holding of elec-
tions, and declaring the result thereof in cities, villages and incorporated
towns in this State," approved June 19, 1885, in force July 1, 1885, that act
supersedes the general registry and election laws, when in conflict with that
act; but when not inconsistent or in conflict with the provisions of that act,
these acts continue in force and are applicable to such cities, towns and vil-
lages the same as if that act had not been adopted Section 15 of the act of
1885, the title of which is recited above.

The cities of Chicago and East St. Louis have adopted the law of 1885.



The attention of election officers is called to the following additions to and
changes in the -Election Laws made by the 41st, 42d, 43d and 44th General
Assemblies:

ADDITIONAL ACTS.

PAGE.

Primary Law 1905 87

Publication of propositions to be voted for 78

Submission of questions of public policy 78

Voting machines use authorized 79

AMENDMENTS.
Article



I, Sec
Hi
V,
VII,

x,

XI,
XII,
XV,
XVI,
XX,


tion 16


17


2, 3, 5 and 9


21,22,23,25


4a, 5 and 6 .


31


5, 6, and 8


38,39,40


1 6, lla and lib .


44,45,48,49


1, 5 and 7 .. ..


. .. 52,53


3


54


1, 2, 3arid 4


67


1, 2 and 3


69


34 and 46...


79



ELECTIONS.



The principal elections of Illinois occur on the following dates :

TUESDAY AFTER FIRST MONDAY IN NOVEMBER.

For Presidential Electors, Governor, Lieutenant Governor. Secretary of
State, Auditor of Public Accounts, Attorney General, State Senators in even
numbered districts, members of the State Board of Equalization, clerk of
Superior Court of Cook county, Clerks of the Circuit Court, State's attorneys,,
county surveyors and county corrners, every fourth year counting from 1872.

For State Treasurer, Representatives in Congress, Representatives in the
General Assembly, and three Trustees of the University of Illinois, every
second year counting- from 1 872.

For clerk of the Supreme Court, every sixth year, counting; from 1902.

For clerks of the Appellate Courts, every sixth year, counting- from 1878.

For Superintendent of Public Instruction, State Senators in odd numbered
districts, clerk of the criminal court of County, county clerks, county judg-es,
county treasurers, county superintendents of schools, and sheriffs, every
fourth year, counting- from 1874.

For judges of the Superior Court of Cook county, six judg-es every sixth
year, counting from 1904; four judges every sixth year, counting from 1905,
and one judge every sixth year, counting from 1907. [One judge, first Mon-
day in June every sixth year, counting from 1903.]

For county commissioners in counties not under township organization, one
each year.

FIRST MONDAY IN JUNE.

For judges of the circuit court, every sixth year, counting from 1873.

For judges of the Supreme Court, Fifth district, every ninth year, counting
from 1873; from the Fourth district, every ninth year, counting from 1876;
and from the First, Second, Third, Sixth and Seventh districts, every ninth
year, counting from 1879.

For one judge of the Superior Court of Cook county, every sixth year,
counting from 1903.

THIRD TUESDAY IN APRIL.

For Officers of cities organized under the General Law (except such as con-
tain within their corporate limits one or more townships), annually.

For officers of villages organized under the General Law (except where the
territorial limits coincide with the territorial limits of a township), annually.

FIKST TUESDAY IN APRIL.

For all town officers, officers in cities, containing one or more towns, and
officers in villages whose boundaries coincide with the boundaries of a town,
annually.

PRIMARY ELECTIONS.
LAST SATURDAY IN FEBRUARY.

In counties of 125,000 or more. Immediately preceding any regular Spring
or Summer election.

FIRST SATURDAY IN MARCH.

In counties of less than 125,000. In cities, villages and incorporated towns,
in the year in which their officers are elected.

LAST SATURDAY IN APRIL.

In counties of less than 125,000. In 1906 and every two years thereafter for
other than municipal offices.

In counties of 125,000 or more. Immediately preceding any regular Sum-
mer or Autumn election.



CONSTITUTIONAL PROVISIONS IN RELATION* TO

ELECTIONS.



ARTICLE IV.

TIME OF HOLDING.] Section 2. An election for members of the
General Assembly shall be held on the Tuesday next after the first
Monday in November, in the year of our Lord, one thousand eight
hundred and seventy, and every two years thereafter, in each county,
at such places therein as may be provided by law. When vacancies
occur in either house, the Governor, or persons exercising the powers
of Governor, shall issue writs of election to fill such vacancies.

APPORTIONMENT SENATORIAL.] Section 6. The General Assembly
shall apportion the State every ten years, beginning with the year
one thousand eight hundred and seventy-one, by dividing the pop-
ulation of the State, as ascertained by the federal census, by the
number fifty-one .and the quotient shall be the ratio of representation
in the Senate. The State shall be divided into fifty-one senatorial
districts, each of which shall elect one Senator, whose term of office
shall be four years. The Senators elected in the year of our Lord
one thousand eight hundred and seventy-two, in districts bearing odd
numbers, shall vacate their offices at the end of two years, and those
elected in districts bearing even numbers at the end of four years ;
and vacancies occurring by the expiration of term shall be filled by
the election of Senators for the full term. Senatorial districts shall
be formed of contiguous and compact territory, bounded by county
lines, and contain as near as practicable an equal number of inhabi-
tants; but no district shall contain less than four-fifths of the sena-
torial ratio. Counties containing not less than the ratio and three-
fourths may be divided into separate districts, and shall be entitled
to two Senators, and to one additional Senator for each number of
inhabitants equal to the ratio contained by such counties in excess
of twice the number of said ratio.

MINORITY REPRESENTATION.] Sections 7 and 8. The House of
Representatives shall consist of three times the number of the mem-
bers of the Senate, and the term of office shall be two years. Three
Representatives shall be elected in each senatorial district at the
general election in the year of our Lord one thousand eight hundred
and seventy-two, and every two years thereafter. In all elections of
Representatives aforesaid, each qualified voter may cast as many
votes for one candidate as there are representatives to be elected, or
may distribute the same, or equal parts thereof, among the candi-
dates, as he shall see fit; and the candidates highest in votes shall
be declared elected.



9
ARTICLE V.

STATE OFFICERS.

TERMS RESIDENCE DUTIES.] Section 1. The executive depart-
ment shall consist of a Governor, Lieutenant Governor, Secretary
of State, Auditor of Public Accounts, Treasurer, Superintendent of
Public Instruction and Attorney General, who shall each, with the
exception of the Treasurer, hold his office for the term of four years
from the second Monday in January next after his election, and until
his successor is elected and qualified. They shall, except the Lieu-
tenant Governor, reside at the seat of government during their term
of office, and keep the public records, books and papers there, and
shall perform such duties as may be prescribed by law.

ELECTION OF.] Section 3. An election for Governor, Lieutenant
Governor, Secretary of State, Auditor of Public Accounts and Attor-
ney General shall be held on the Tuesday next after the first Monday
of November, in the year of our Lord 1872, and every four years
thereafter; for Superintendent of Public Instruction, on the Tuesday
next after the first Monday of November, in the year 1870, and every
four years thereafter; and for Treasurer, on the day last above men-
tioned, and every two years thereafter, at such places and in such
manner as may be prescribed by law.

RETURNS OF ELECTION.] Section 4. The returns of every election
for the above named officers shall be sealed up and transmitted, by
the returning officers, to the Secretary of State, directed to "The
Speaker of the 'House of Representatives," who shall, immediately
after the organization of the House, and before proceeding to other
business, open and publish the same in the presence of a majority of
each house of the General Assembly, who shall, for that purpose,
assemble in the hall of the House of Representatives. The person
having the highest number of votes for either of said offices shall be
declared duly elected; but if two or more have an equal and the
highest number of votes, the General Assembly shall, by joint ballot,
choose one of such persons for said office. Contested elections for all
of said offices shall be determined by both houses of the General As-
sembly, by joint ballot, in such manner as may be prescribed by law.

ARTICLE VI.

COURTS.

CHIEF JUSTICE ELECTION TERM.] Section 6. At the time of
voting on the adoption of this Constitution, one judge of the Supreme
Court shall be elected by the electors thereof in each of the said dis-
tricts numbered two, three, six and seven, who shall hold his office
for the term of nine years, from the first Mon'day of June in the year
of our Lord 1870. The term of office of judges of the Supreme Court,
elected after the adoption of this Constitution, shall be nine years;
and on the first Monday of June of the year in which the term of any
of the judges in office at the adoption of this Constitution, or of the



10

judges then elected, shall expire, and every nine years thereafter, there
shall be an election for the successor or successors of such judges, in
the respective districts wherein the terms of such judges shall expire.
The chief justice shall continue to act as such until the expiration of
the term for which he was elected, after which the judges shall choose
one of their number chief justice.

*CLERK ELECTION TEEM.] Section 10. At the time of the elec-
tion for Representatives in the General Assembly, happening next
preceding the expiration of the terms of office of the present clerks
of said court, one clerk of said court for each division shall be
elected, whose term of office shall be six years from said election, but
who shall not enter upon the duties of his office until the expiration
of the term of his predecessor, and every six years thereafter one
clerk of said court for each division shall be elected.*

TIMES OF HOLDING COURT ELECTION OF CIRCUIT JUDGES.] Sec-
tion 14. The General Assembly shall provide for the time of holding
court in each county, which shall not be changed, except by the Gen-
eral Assembly next preceding the general election for judges of said
court, but additional terms may be provided for in any county. The
election of judges of the circuit courts shall be held on the first
Monday in June, in the year of our Lord 1873, and every six years
thereafter.

JUSTICES OF THE PEACE AND CONSTABLES.

ELECTION.] Section 21. Justices of the peace, police magistrates
and constables shall be elected in and for such districts, as are, or
may be provided by law. and the jurisdiction of such justices of the
peace and police magistrates shall be uniform.

STATE'S ATTORNEY.

ELECTION TERM.] Section 22. At the election for members of
the General Assembly in the year of our Lord 1872, and every four
years thereafter, there shall be elected a State's attorney in and for
each county, in lieu of the State's attorneys now provided by law,
whose term of office shall be four years.

COURTS OF COOK COUNTY.

COUNTY DECLARED ONE CIRCUIT.] Section 23. The county of
Cook shall be one judicial circuit. The circuit court of Cook county
shall consist of five judges until their number shall be increased as
herein provided. The present judge of the recorder's court of the
city of Chicago, and the present judge of the circuit court of Cook
county shall be two of said judges and shall remain in office for the
terms for which they were respectively elected, and until their suc-
cessors shall be elected and qualified: The Superior Court of Chicago
shall be continued, and called the Superior Court of Cook county. The



* Under authority conferred by section 4. article VI. of Constitution, the General Assem-
bly in 1897, provided for the election of a single clerk. See section 3a, Ch. 37, K. S.



11

General assembly may increase the number of said judges by adding
one to either of said courts for every additional 50,000 inhabitants in
said county, over and above a population of 400,000. The terms
of office of the judges of said courts hereafter elected, shall be six
years.

CLERKS OF COURTS OF COOK COUNTY.] Section 27. The present
clerk of the recorder's court of the city of Chicago shall be the clerk
of the criminal court of Cook county, during the term for which he
was elected. The present clerks of the Superior Court of Chicago,
and the present clerk of the circuit court of Cook county, shall con-
tinue in office during the terms for which they were respectively
elected; and thereafter there shall be but one clerk of the Superior
Court, to be elected by the qualified electors of said county, who shall
hold his office for the term of four years, and until his successor is
elected and qualified.

ARTICLE VIII.

COUNTY SUPERINTENDENT.] Section 5. There may be a county
superintendent of schools, in each county, whose qualifications,
powers, duties, compensation and time and manner of election and
term of office shall be prescribed by law.

ARTICLE X.

No TOWNSHIP ORGANIZATION COUNTY COMMISSIONERS.] Section 6.
At the first election of county judges, under this Constitution, there
shall be elected in each of the counties in this State, not under town-
ship organization, three officers, who shall be styled, u the board of
county commissioners,'' who shall hold sessions for the transaction
of county business as shall be provided by law. One of said commis-
sioners shall hold his office for one year, one for two years, and one
for three years, to be determined by lot, and every year thereafter
one such officer shall be elected in each of said counties for the term
of three years.

COOK COUNTY COMMISSIONERS.] Section 7. The county aftairs
of Cook county shall be managed by a board of commissioners of
15 persons, ten of whom shall be elected from the city of Chicago
and five from towns outside of said city, in such manner as may be
provided by law.

ARTICLE IV.

ELIGIBILITY.

ELIGIBILITY TO GENERAL ASSEMBLY.] Section 3. No person shall
be a Senator who shall not have attained the age of twenty-five years,
or a Representative who shall not yet have attained the age of twenty-
one years. No person shall be a Senator or Representative who
shall not be a citizen of the United States, and who shall not have
been for five years a resident of this State, and for two years next



12

preceding his election a resident within the territory forming the dis-
trict from which he is elected. No judge or clerk of any court, Secre-
tary of State, Attorney General, State's attorney, recorder, sheriff,
or collector of public revenue, member of either house of Congress, or
person holding any lucrative office under the United States or this
State, or any foreign government, shall have a seat in the General
Assembly: Provided, that appointments in the militia and the offices
of notary public and justice of the peace shall not be considered
lucrative. Nor shall any person holding any office of honor or profit
under any foreign government, or under the government of the United
States (except postmasters whose annual compensation does not
exceed the sum of $300). hold any office of honor or profit under
authority of this State.

DISQUALIFICATION FOR ALL OFFICES.] Section 4. No person who
has been, or hereafter shall be, convicted of bribery, perjury or other
infamous crime, nor any person who has been, or may be, a collector
or holder of public moneys, who shall not have accounted for and
paid over, according to law, ail such moneys due from him, shall be
eligible to the General Assembly, or to any office of profit or trust in
this State.

ARTICLE V.

TREASURER TERM SECURITY.] Section 2. The Treasurer shall
hold his office for the term of two years and until his successor is
elected and qualified, and shall be ineligible to said office for two
years next after the end of the term for which he was elected. He
may be required by the Governor to give reasonable additional
security, and in default of so doing his office shall be deemed vacant.

GOVERNOR LIEUTENANT GOVERNOR OTHER STATE OFFICERS.]
Section 5. No person shalll be eligible to the office of Governor or
Lieutenant Governor who shall not have attained the age of thirty
years, and been, for five years next preceding his election, a citizen
of the United States and -of this State. Neither the Governor,
Lieutenant Governor, Auditor of Public Accounts, Secretary of State,
Superintendent of Public Instruction nor Attorney General shall be
eligible to any other office during the period for which he shall have
been elected.

ARTICLE VI.

ELIGIBILITY TO OFFICE OF JUDGE.] Section 3. No person shall
be eligible to the office of judge of the Supreme Court unless he shall
be at least thirty years of age and a citizen of the United States, nor
unless he shall have resided in this State five years next preceding his
election, and be a resident of the district in which he shall be elected.

ELIGIBILITY FOR SEVERAL OFFICES.] Section 17. No person shall
be eligible to the office of judge of the circuit or any inferior court,
or to membership in the " board of county commissioners," unless he
shall be at least twenty- five years of age, and a citizen of the United
States, nor unless he shall have resided in this State five years next
preceding this election, and be a resident of the circuit, county, city,
cities or incorporated town in which he shall be elected.



13

OFFICERS TERM RESIDENCE DUTIES VACANCIES.] Section 32.
All officers provided for in this article shall hold their offices until
their successors shall be qualified, and they shall, respectively, reside
in the division, circuit, county or district for which they may be
elected or appointed. The terms of office of all such officers, where
not otherwise prescribed in this article, shall be four years. All
officers, Avhere not otherwise provided for in this article, shall perform
such duties and receive such compensation as is or may be provided
by law. Vacancies in such elective offices shall be tilled by election;
but where the unexpired term does not exceed one year, the vacancies
shall be filled by appointment, as follows: Of judges, by the Gov-
ernor; of clerks of courts, by the court to which the office appertains,
or by the judge or judges thereof ; and of all such other offices, by
the board of supervisors or board of county commissioners in the
county where the vacancy occurs.

ARTICLE IX.

MUNICIPAL OFFICERS ELIGIBILITY' SALARY.] Section 11. No
person who is in default, as collector or custodian of money or
property belonging to a municipal corporation, shall be eligible to
any office in or under such corporation. The fees, salary or com-
pensation of no municipal officer who is elected or appointed for a
definite term of office shall be increased or diminished during such
term.

ARTICLE X.

OFFICERS' TERMS.] Section 8. In each county there shall be
elected the following county officers, at the general election to be held
on the Tuesday after the first Monday in November, A. D., 1882. A
county judge, county clerk, sheriff and treasurer, and at the election
to be held on the Tuesday after the first Monday in November, A. D.
1884, a coroner and clerk of the circuit court (who may be ex officio
recorder of deeds, except in counties having sixty thousand and more
inhabitants, in which counties a recorder of deeds shall be elected at
the general election in 1884). Each of said officers shall enter upon
the duties of his office, respectively, on the first Monday of December
after his election, and they shall hold their respective offices for the
term of four years, and until their successors are elected and qualified.
Provided, that no person having once been elected to the office of
sheriff or treasurer shall be eligible to re-election to said office for
four years after the expiration of the term for which he shall have
been elected.

ARTICLE V.
VACANCIES.

VACANCY SUCCESSOR SEMI-ANNUAL REPORT OF MONEYS.] Section
20. If the office of Auditor of Public Accounts, Treasurer, Secretary
of State, Attorney General or Superintendent of Public Instruction
shall be vacated by death; resignation or otherwise, it shall be the



14

duty of the Governor to fill the same by appointment, and the
appointee shall hold his office until his successor shall be elected arid
qualified in such manner as may be provided by law. An account
shall be kept by the officers of the executive department, and of all
the public institutions of the State, of all moneys received or dis-
bursed by them, severally, from all sources, and for every service
performed, and a semi-annual report thereof be made to the Governor,
under oath; and any officer who makes a false report shall be guilty
of perjury and punished accordingly.

AETICLE VII.

SUFFRAGE.

QUALIFICATION OF LEGAL VOTERS.] Section 1. Every person
having resided in this State one year, in the county ninety days, and
in the election district thirty days next preceding any election therein,
who was an elector in this State on the first day of April, in the year
of our Lord 1848, or obtained a certificate of naturalization before any
court of record in this State prior to the first day of January, in the
year of our Lord 1870, or who shall be a male citizen of the United
States, above the age of 21 years, shall be entitled to vote at such



Online Librarystatutes Illinois. LawsElection laws of the state of Illinois with forms and instructions for carrying the same into effect → online text (page 1 of 25)