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J K




l



GIFT OF




of



James

ILLINOIS



ELECTION LAWS



1 908



PREPARED FOR THE USE OF
ELECTION OFFICERS



BY



JAMES A. ROSE, Secretary of State.



SPRINGFIELD:
PHILLIPS BROS., STATE PBINTIRS.

I 908



ILLINOIS



ELECTION LAWS



1 908



PREPARED FOR THE USE OF
ELECTION OFFICERS



BY



JAMES A. ROSE, Secretary of State.



SPRINGFIELD:
PHILLIPS BROS., STATB PRINTERS.

1908



TABLE OF CONTENTS.



Page.

EXPLANATORY NOTE i

ELECTION CALENDAR 5

ELECTORAL DISTRICTS 7

CONSTITUTIONAL PROVISIONS 9

STATUTORY PROVISIONS:

Article I. Public Officers When Elected 16

Article II. Election Precincts and Officers 21

Article III. Registration at Electors 27

Article IV. Compensation of Election Officers 30

Article V. Nomination of Candidates 31

Article VI. Notice of Election 36

Article VII. Ballots and Instructions 37

Article VIII. BallotBoxes, Booths and Poll Books 41

Article IX. Qualification of Voters 42

Article X. Manner of Conducting Elections 45

Article XI. Canvassing Returns 52

Article XII. Contesting Elections 54

Article XIII. Offenses and Penalties , 58

Article XIV. Resignations and Vacancies 64

Article XV. Congressional Apportionment 67

Article XVI. Senatorial and Representative Apportionment 69

Article XVII. Judicial Apportionment 76

Article XVIII Publication of Propositions to be Voted for 78

Article XIX. Submission of Questions of Public Policy 79

Article XX. Voting Machines 79

Article XXI. Primary Elections The Primary Law of 1908 88

FORMS 119-121

INDEX TO GENERAL ELECTION LAWS 122

INDEX TO PRIMARY ELECTION LAW... 126



257183



EXPLANATORY.



Repealed and obsolete sections have been omitted in this edition, and the
sections in force have been renumbered in regular sequence corresponding
with the head notes.

In cities, towns and villages which have or may hereafter adopt the Act
entitled, "An Act regulating the holding of elections, and declaring the re-
sult 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 villages the same as if that Act
had not been adopted. [Section 15 of the Act of 1885, the title of which is
recited above, and the provisions of which are not included in this compila-
tion.

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



ELECTION CALENDAR.



GENERAL ELECTIONS.
The principal general elections in Illinois occur on the following dates:

TUESDAY AFTER THE 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 Sta,te Board of Equalization, clerk of
superior court of Cook county, clerks of the circuit courts, State's attorneys,
county surveyors and county coroners, every fourth year, counting from 1908.

For State Treasurer, Representatives in Congress, Representatives in the
General Assembly, and three Trustees of the University of Illinois for term
of six years, every second year, counting from 1908.

For clerk of Supreme Court, every sixth year, counting from 1908.

For clerks of the appellate courts, every sixth year, counting from 1908.

For Superintendent of Public Instruction, State Senators in odd numbered
districts, clerk of the criminal court of Cook county, county clerks, county
judges, county treasurers, county superintendents of schools, and sheriffs,
every fourth year, counting from 1910.

For judges of the superior court of Cook county, six judges every sixth
year, counting from 1910; four judges every sixth year, counting from 1911.
[One judge, first Tuesday in April every sixth year, counting from 1907. One
judge, first Monday in June every sixth year, counting from 1909.]

For chief justice, clerk and bailiff of the municipal court of Chicago, every
sixth year, counting from 1912; for nine associate judges of said court for
term of six years, every second year, counting from 1908.

For county commissioners in counties not under township organization,
one each year for term of three years.

FIRST MONDAY IN JUNE.

For judges of the circuit court, every sixth year, counting from 1909.

For judges of the Supreme Court, Fifth district, every ninth year, counting
from 1909; Fourth district, every ninth year, counting from 1912; and First,
Second, Third, Sixth and Seventh districts, every ninth year, counting from
1915.

For one judge of the superior court of Cook county, every sixth year,
counting from 1909.

THIRD TUESDAY IN APRIL.

For officers of cities organized under the general law (except s^ch 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.



FIRST TUESDAY IN APRIL.

For one judge of the superior court of Cook county, every sixth year,
counting from 1907.

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

THIRD SATURDAY IN APRIL.

For school directors in districts having a population of less than 1,000 in-
habitants, annually.

For members of the board of education in districts having a population of
not less than 1,000 and not more than 100,000 inhabitants, annually.



PRIMARY ELECTIONS.

LAST TUESDAY IN FEHRUARY.

To nominate candidates to be voted for at the election on the first Tuesday
in April. .

SECOND TUESDAY IN MARCH.

To nominate candidates to be voted for at the election on the third Tues-
day in April.

SECOND TUESDAY IN APRIL.

To nominate candidates to be voted for at the election on the Tuesday after
the first Monday in November, and to elect precinct, senatorial and State
central committeemen every second year, counting from 1908.



ELECTORAL DISTRICTS.



Table of Counties Showing to What Electoral Districts Each Belongs.

[The seventeen counties marked * are not under township organization. The other eighty-
five have adopted township organization.]



County.


County Seat.


Senatorial
District.


Congres-
sional
District.


Judicial
Circuit.


JUDICIAL, DISTRICTS.


Appellate.


Supreme.




Quincv .


36
50
47
8
30
37
36
12
30
24
40
34
42
42
34
1,2,3,4,5,
6, 7, 9, 11,
13, 15, 17,
19,21,23, f

..

48
40
35
28
34
41
22
48
42
40
26
50
43
48
38
20
51
32
48
33
37
20
44
46
46
38
12
51


15
25
22
12
20
16
20
13
20
19
21
18
24
23
19

U.2,3.4, |
\ 5.6,7, [
f 8, 9, 10 j

23
18
12
19
19
11
18
24
23
23
17
25
15
24
20
12
24
14
24
14
15
18
25
23
23
20
13
24


8

3
17
8
13
8
15
8
6
4
5
4
4
5

Not
numbered .

2
5
16
6
6
16
5
2
4
4
11
2
9
2
7
13
2
9
2
9
14
12
1
4
2
7
15
1


3

4
3

3
2
3
3
3
3
4
4
3

1

4
3
2
3
3
2
3
4
4
4
3
4
3
4
3
2

3
4
2
2
2
4
4
4
3
2
4


4

1
2
6
4
5
2
6
4
3
2
2
2
1
3

7

2
2
6
3
3
7
3
1
2
2
3
1
4
1
2
5
1
4
1
4
5
3
1
2
1
2
6
1


*Alexander


Cairo
Greenville


Bond


Boone


Belvidere
Mt Sterling


Brown
Bureau


Princeton


*Calhoun
Carroll


Hardin


Mt. Carroll
Virginia . .
Urbana
Taylorville
Marshall
Louisville
Carlyle
Charleston . .


*Cass
Champaign
Christian
Clark


Clay
Clinton


Coles


Cook

Crawford
Cumberland
DeKalb
DeWitt .


Chicago I

Robinson
Toledo


Sycamore
Clinton


Douglas
DuPage
Edgar
*Edwards
Efflngham
Fayette
Ford


Tuscola


Wheaton
Paris
Albion


Emngham
Vandalia
Paxton ....


Franklin
Fulton


Benton
Lewistown


Gallatin
Greene


Shawneetown
Carrollton


Grundy


Morris . .


Hamilton McLeansboro ....

Hancock na.rthn.p-p


*Hardin


Elizabethtown . .
Oquawka


Henderson


Henry .


Cambridge
Watseka


Iroquois


Jackson
Jasper
Jefferson
Jersey
JoDaviess ;


Murphysboro
Newton
Mt. Vernon
Jersey ville
Galena
Vienna


*Johnson I



Electoral Districts Concluded .







Senatorial


Congres-


Judicial


JUDICIAL I


)ISTRICTS.


County. f


County Seat.


District.


sional
District.


Circuit.


Appellate.


Supreme.


Kane


Geneva


14


11


16


2


6


Kankakee


Kankakee


20


18


12


2


7


Kendall


Yorkville


14


12


16


2


6


Knox


Galesburg ..


43


15


9


2


5


Lake




8


10


17


2


7


LaSalle


Ottawa


39


12


13


2


5


Lawrence


Lawrenceville


48


23


2


4


2


Lee


Dixon


35


13


15


2


6




Pontiac


16


17


11


2


3


Logan


Lincoln


28


17


11


3


3


Macon


Decatur


28


19


6


3


3


Macoupin
Madison


Carlinville
Edwardsville


38

47


21
22


7
3


3
4


2
2


Marion


Salem


42


23


4


4


2


Marshall
Mason


Lacon
Havana


16
30


16
20


10

8


2
3


5
4


*Massac
McDonou gh


VIetropolis
Macomb


51
32


24
14


1
9


4

3


1
4


McHenry
McLean .


Woodstock
Bloomington ....


8
26


11
17


17
11


2
3


6
3


*Menard
Mercer


Petersburg
Aledo


30
33


20
14


8
14


3
2


4
4


*Monroe


Waterloo . x


44


22


3


4


1




Hillsboro


38


21


4


3


2


*Morgan


Jacksonville


45


20


7


3


4


Moultrie
Ogle .


Sullivan
Oregon


24
10


19
13


6
15


3
2


3
6


Peoria
*Perry


Peoria
Pinckneyville


18
44


16
25


10
3


2
4


5
1


Piatt


Monticello


24


19


6


3


3


Pike


Pittsfleld ...


36


20


8


3


2


*Pope


Golconda


51


24


1


4


1


*Pulaski
Putnam .


Mound City
Hennepin


50
16


25

16


1
10


4

2


1
5


*Randolph
Richland .


Chester
Olney


44

46


25
23


3
2


4
4


1
2


Rock Island
Saline . . .


Rock Island
Harrisburg


33
51


14
24


14
1


2

4


4

1


Sangamon
Schuyler
*Scott .


Springfield
Rushville
Winchester


45
30
36


21

15
20


7
8

7


3
3
3


3
4
2


Shelby
Stark .


Shelbyville
Toulon


40
37


19
16


4
10


3
2


2

5


St. Glair


Belleville


49


22


3


4


1


Stephenson


Freeport


12


13


15


2


6


Tazewell


Pekin


30


16


10


3


3


*Union
Vermilion


Jonesboro
Danville


50
22


25

18


1
5


4

3


1
3


*Wabash


Mt. Carmel . . ...


48


23


2


4


1


Warren


Monmouth .


32


14


g


2


4


Washington
Wayne
White .


Nashville
Fairfi eld . . .
Carmi


44

46

48


22
24
24


3
2
2


4
4
4


1
1
1


Whiteside


Morrison .


35


13


14


2


6


Will
Williamson
Winnebago


Joliet
Marion
Rockf ord


41
50
10


11
25
12


12

1
17


2
4
2


7
1
6


Woodford


Eureka


16


17


11


2


5

















CONSTITUTIONAL PROVISIONS IN RELATION TO

ELECTIONS.



ARTICLE IV.

TIME OF HOLDING.] Section 2. An election for members of the Gen-
eral 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 nearly as practicable an equal number of inhab-
itants ; 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 tyvo 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



10

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.

ARTICLE V.

STATE OFFICERS.

TERMS RESIDENCE DUTIES.] Section i. 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 said dis-
tricts numbered two, three, six and seven, who shall hold his office
for the term of nine years, from the first Monday of June in the year



II

of our Lord 1870. The term of offices of judges of 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
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 -ef-
the term for which he was elected, after which the judges shall choose
one of their number chief justice.

*CLERK ELECTION TERM.] 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 times 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
courts, but additional terms may be provided for in any county. The
election for judges of the circuit courts shall be held on the first
Monday in June, in the year of our Lord 1873, an< ^ 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-

* Under authority conferred by section 4, article VI, of Constitution, the General Assembly
in 1897, provided for the election of a single clerk. See section 3a, ch. 37, R. S.



12

cessors shall be elected and qualified. The Superior Court of Chicago
shall be continued, and called the Superior Court of Cook county. The
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, "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 affairs
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 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



13

been for five years a resident of this State, and for two years next
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 officers
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 ex-
ceed the sum of $300), hold any office of honor or profit under the au-
thority of this State.

DISQUALIFICATION FOR ALL OFFICERS.] 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, all 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.] Sec-
tion 5. No person shall be eligible to the office of Governor or Lieu-
tenant 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, Super-
intendent of Public Instruction nor Attorney General shall be eligi-
ble 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


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