SB 377 — ELEC CD-JOINT NOMIN GOV-LT GOV

The10. person circulating the petition, or the candidate on whose behalf the petition is circulated, may strike any signature from the petition, provided that:

(1)Amnesty theprogram. person striking the signature shall initial the petition at the place where the signature is struck;

andThe (2)Department theshall personestablish strikingan theamnesty signatureprogram shallfor signall ataxpayers certificationowing listingany thetax pageimposed numberby andreason lineof numberor pursuant to authorization by any law of eachthe signatureState struckof fromIllinois and collected by the petition.Department.

SuchThe certificationamnesty program shall be filedfor asa period from October 1, 2003 through November 15, 2003 and for a partperiod ofbeginning theon petition.October 1, 2010 and ending November 8, 2010.

SuchThe sheetsamnesty beforeprogram beingshall filedprovide shallthat, beupon neatlypayment fastenedby togethera intaxpayer bookof form,all bytaxes placingdue from that taxpayer to the sheetsState inof aIllinois pilefor any taxable period ending (i) after June 30, 1983 and fasteningprior themto togetherJuly at1, one2002 edgefor inthe atax secureamnesty period occurring from October 1, 2003 through November 15, 2003, and suitable(ii) manner,after June 30, 2002 and prior to July 1, 2009 for the sheetstax amnesty period beginning on October 1, 2010 through November 8, 2010, the Department shall thenabate and not seek to collect any interest or penalties that may be numberedapplicable consecutively.and the Department shall not seek civil or criminal prosecution for any taxpayer for the period of time for which amnesty has been granted to the taxpayer.

TheFailure sheetsto shallpay notall betaxes fasteneddue byto pastingthe themState togetherfor enda totaxable end,period soshall asinvalidate toany formamnesty agranted continuousunder stripthis orAct. roll.

AllAmnesty petitionshall be granted only if all amnesty conditions SB0377 EngrossedEnrolled - 5 - LRB096 06409 RCE 16493 b sheets which are filedsatisfied with the proper local election officials, election authorities or the State Board of Elections shall be the original sheets which have been signed by the voterstaxpayer. and by the circulator thereof, and not photocopies or duplicates of such sheets.

EachAmnesty petitionshall mustnot includebe asgranted ato parttaxpayers thereof,who are a statementparty ofto candidacyany forcriminal eachinvestigation ofor to any civil or criminal litigation that is pending in any circuit court or appellate court or the candidatesSupreme filing,Court of this State for nonpayment, delinquency, or fraud in whoserelation behalfto any State tax imposed by any law of the petitionState isof filed.Illinois.

ThisParticipation statementin shallan setamnesty outprogram theshall addressnot ofpreclude sucha candidate,taxpayer thefrom officeclaiming for which he is a candidate,refund shallfor statean thatoverpayment theof candidatetax ison aan qualifiedissue primaryunrelated voter of the party to which the petitionissues relates and is qualified for thewhich office specified (in the casetaxpayer ofclaimed aamnesty candidateor for State'san Attorneyoverpayment it shall state that the candidate is at the time of filingtax suchby statementtaxpayers aestimating licensed attorney-at-law of this State), shall state that he has filed (or will file before the close of the petition filing period) a statementnon-final ofliability economicfor interests as required by the Illinoisamnesty Governmentalprogram Ethicspursuant Act, shall request that the candidate's name be placed upon the official ballot, and shall be subscribed and sworn to bySection such506(b) candidate before some officer authorized to take acknowledgment of deeds in the StateIllinois andIncome shallTax beAct in(35 substantiallyILCS the5/506(b)). following form:

StatementVoluntary ofpayments Candidacymade Nameunder Addressthis OfficeAct Districtshall Partybe Johnmade Jonesby 102cash, Maincheck, St.guaranteed remittance, or ACH debit.

GovernorThe StatewideDepartment Republicanshall Belvidere,adopt Illinoisrules SB0377as Engrossednecessary -to 6implement -the LRB096provisions 06409 RCE 16493 b State of Illinois)this )Act. ss.

CountyExcept ofas .......)otherwise I,provided ....,in beingthis firstSection, dulyall sworn,money saycollected under this Act that Iwould resideotherwise atbe ....deposited into the General Revenue Fund shall be deposited as follows:

Street(i) inone-half theinto city (or village) of ...., in the countyCommon ofSchool ....,Fund; State of Illinois;

that(ii) Ione-half aminto athe qualifiedGeneral voterRevenue thereinFund. and am a qualified primary voter of the ....

party;Two percent of all money collected under this Act shall be deposited by the State Treasurer into the Tax Compliance and Administration Fund and, subject to appropriation, shall be used by the Department to cover costs associated with the administration of this Act.

thatSB0377 IEnrolled am- a6 candidate- forLRB096 nomination06409 (forRCE election16493 inb the(Source: case of committeeman and delegates and alternate delegates) to the office of ....

toP.A. be voted upon at the primary election to be held on (insert date);

that93-26, Ieff. am legally qualified (including being the holder of any license that may be an eligibility requirement for the office I seek the nomination for) to hold such office and that I have filed (or I will file before the close of the petition filing period) a statement of economic interests as required by the Illinois Governmental Ethics Act and I hereby request that my name be printed upon the official primary ballot for nomination for (or election to in the case of committeemen and delegates and alternate delegates) such office.

Signed6-20-03.) ......................Section 20.

SubscribedThe andUniform swornPenalty toand (orInterest affirmed)Act beforeis meamended by ....,changing whoSections is3-2, to3-3, me3-4, personally3-5, known,3-6, onand (insert3-7.5 date).as follows:

Signed(35 ....................ILCS 735/3-2) (from Ch.

(Official120, Character)par. SB0377 Engrossed - 7 - LRB096 06409 RCE 16493 b (Seal, if officer has one.) The petitions, when filed, shall not be withdrawn or added to, and no signatures shall be revoked except by revocation filed in writing with the State Board of Elections, election authority or local election official with whom the petition is required to be filed, and before the filing of such petition.

Whoever2603-2) forgesSec. the name of a signer upon any petition required by this Article is deemed guilty of a forgery and on conviction thereof shall be punished accordingly.

A3-2. candidate for the offices listed in this Section must obtain the number of signatures specified in this Section on his or her petition for nomination.

(a)Interest. Statewide office or delegate to a national nominating convention.

If(a) aInterest candidatepaid seeksby tothe runDepartment forto statewidetaxpayers officeand orinterest ascharged a delegate or alternate delegate to ataxpayers nationalby nominating convention elected from the StateDepartment at-large,shall thenbe thepaid candidate's petition for nomination must contain at leastthe 5,000annual butrate notdetermined moreby thanthe 10,000Department. signatures.

(b)For Congressionalperiods officeprior orto congressionalJanuary delegate1, to2004, athat nationalrate nominatingshall convention.be the underpayment rate established under Section 6621 of the Internal Revenue Code.

IfFor aperiods candidateafter seeksDecember to31, run2003, forthat Unitedrate Statesshall Congressbe: or as a congressional delegate or alternate congressional delegate to a national nominating convention elected from a congressional district, then the candidate's petition for nomination must contain at least the number of signatures equal to 0.5% of the qualified primary SB0377 Engrossed - 8 - LRB096 06409 RCE 16493 b electors of his or her party in his or her congressional district.

In(1) for the firstone-year primaryperiod electionbeginning followingwith athe redistrictingdate of congressionalunderpayment districts,or aoverpayment, candidate'sthe petitionshort-term forfederal nominationrate mustestablished containunder atSection least6621 600 signatures of qualified primary electors of the candidate'sInternal politicalRevenue partyCode. in his or her congressional district.

(c)(2) Countyfor office.any period beginning the day after the one-year period described in paragraph (1) of this subsection (a), the underpayment rate established under Section 6621 of the Internal Revenue Code.

If(b) aThe candidateinterest seeksrate toshall runbe foradjusted any countywide office, including but not limited to county board chairperson or county board member, elected on ana at-largesemiannual basis, inon aJanuary county1 otherand thanJuly Cook1, County,based thenupon the candidate'sunderpayment petitionrate foror nominationshort-term mustfederal containrate atgoing leastinto theeffect numberon ofthat signaturesJanuary equal1 toor 0.5%July of1 theunder qualifiedSection electors6621 of histhe orInternal herRevenue partySB0377 whoEnrolled cast- votes7 at- theLRB096 last06409 precedingRCE general16493 electionb inCode. his or her county.

If(c) aThis candidatesubsection seeks(c) tois runapplicable for county board member elected from a county board district, then the candidate's petition for nomination must contain at least the number of signatures equal to 0.5%returns ofdue theon qualifiedand primarybefore electorsDecember of31, his2000. or her party in the county board district.

InInterest theshall firstbe primarysimple electioninterest followingcalculated aon redistricting of county board districts or the initial establishment of county board districts, a candidate'sdaily petitionbasis. for nomination must contain at least the number of signatures equal to 0.5% of the qualified electors of his or her party in the entire county who cast votes at the last preceding general election divided by the total number of county board districts comprising the county board;

providedInterest that in no event shall theaccrue numberupon oftax SB0377and Engrossedpenalty -due. 9 - LRB096 06409 RCE 16493 b signatures be less than 25.

(d)If Countynotice office;and demand is made for the payment of any amount of tax due and if the amount due is paid within 30 days after the date of such notice and demand, interest under this Section on the amount so paid shall not be imposed for the period after the date of the notice and demand.

Cook(c-5) CountyThis only.subsection (c-5) is applicable to returns due on and after January 1, 2001.

(1)Interest Ifshall abe candidatesimple seeksinterest tocalculated runon fora countywidedaily officebasis. in Cook County, then the candidate's petition for nomination must contain at least the number of signatures equal to 0.5% of the qualified electors of his or her party who cast votes at the last preceding general election in Cook County.

(2)Interest Ifshall aaccrue candidateupon seekstax todue. run for Cook County Board Commissioner, then the candidate's petition for nomination must contain at least the number of signatures equal to 0.5% of the qualified primary electors of his or her party in his or her county board district.

InIf thenotice firstand primarydemand electionis followingmade afor redistrictingthe payment of Cookany Countyamount Board of Commissionerstax districts,due aand candidate'sif petitionthe foramount nominationdue mustis containpaid atwithin least30 thedays numberafter ofthe signaturesdate equal to 0.5% of the qualifiednotice electorsand ofdemand, hisinterest orunder herthis partySection inon the entireamount countyso whopaid castshall votesnot atbe theimposed lastfor precedingthe generalperiod electionafter divided by the totaldate number of county board districts comprising the countynotice board;and demand.

provided(d) thatNo ininterest noshall eventbe shallpaid upon any overpayment of tax if the numberoverpayment is refunded or a credit approved within 90 days after the last date prescribed for filing the original return, or within 90 days of signaturesthe bereceipt lessof thanthe 25.processable return, or within 90 days after the date of overpayment, whichever date is latest, as determined without regard to processing time by the Comptroller or without regard to the date on which the credit is applied to the taxpayer's account.

(3)In Iforder a candidate seeks to run for Cookan Countyoriginal Boardreturn ofto Reviewbe Commissioner,processable whichfor ispurposes electedSB0377 fromEnrolled a- district8 pursuant- toLRB096 subsection06409 (c)RCE of16493 Sectionb 5-5 of thethis PropertySection, Taxit Code, then the candidate's petition for nomination must containbe atin least the numberform ofprescribed signaturesor equalapproved toby 0.5%the ofDepartment, SB0377signed Engrossedby - 10 - LRB096 06409 RCE 16493 b the totalperson numberauthorized ofby registeredlaw, votersand incontain hisall orinformation, herschedules, boardand ofsupport reviewdocuments districtnecessary into determine the lasttax generaldue electionand at which a commissioner was regularly scheduled to bemake electedallocations fromof thattax boardas ofprescribed reviewby district.law.

InFor nothe eventpurposes shallof thecomputing numberinterest, ofa signaturesreturn requiredshall be greaterdeemed thanto be processable unless the requisiteDepartment numbernotifies forthe ataxpayer candidatethat whothe seeksreturn countywideis officenot inprocessable Cookwithin County90 underdays subsectionafter (d)(1)the receipt of thisthe Section.return;

Inhowever, theinterest firstshall primarynot electionaccumulate following a redistricting of Cook County Board of Review districts, a candidate's petition for nomination must contain at least 4,000 signatures or at least the numberperiod offollowing signaturesthis requireddate for a countywide candidate in Cook County, whichever is less, of thenotice. qualified electors of his or her party in the district.

(e)Interest Municipalon amounts refunded or townshipcredited office.pursuant to the filing of an amended return or claim for refund shall be determined from the due date of the original return or the date of overpayment, whichever is later, to the date of payment by the Department without regard to processing time by the Comptroller or the date of credit by the Department or without regard to the date on which the credit is applied to the taxpayer's account.

If a candidateclaim seeksfor torefund runrelates forto municipalan oroverpayment townshipattributable office,to thena thenet candidate'sloss petitioncarryback foras nominationprovided mustby containSection at207 leastof the numberIllinois ofIncome signaturesTax equalAct, tothe 0.5%date of theoverpayment qualifiedshall primarybe electorsthe oflast hisday orof herthe partytaxable year in which the municipalityloss orwas township.incurred.

If(e) aInterest candidateon seekserroneous torefunds. run for alderman of a municipality, then the candidate's petition for nomination must contain at least the number of signatures equal to 0.5% of the qualified primary electors of his or her party of the ward.

InAny theportion firstof primarythe electiontax followingimposed redistrictingby ofan aldermanicAct wardsto orwhich trusteethis districtsAct ofis aapplicable municipality or theany initialinterest establishment of wards or districts,penalty awhich candidate'shas petitionbeen forerroneously nominationrefunded mustand containwhich theis numberrecoverable ofby signatures equal to at SB0377 Engrossed - 11 - LRB096 06409 RCE 16493 b least 0.5% of the totalDepartment numbershall ofbear votesinterest castfrom for the candidatedate of thatpayment political party who received the highest number of votes in the entirerefund. municipality at the last regular election at which an officer was regularly scheduled to be elected from the entire municipality, divided by the number of wards or districts.

InHowever, no eventinterest shallwill be SB0377 Enrolled - 9 - LRB096 06409 RCE 16493 b charged if the numbererroneous ofrefund signaturesis befor an amount less than 25.$500 and is due to a mistake of the Department.

(f) StateIf centrala committeeperson.taxpayer has a tax liability for the taxable period ending after June 30, 1983 and prior to July 1, 2002 that is eligible for amnesty under the Tax Delinquency Amnesty Act and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the interest charged by the Department under this Section shall be imposed at a rate that is 200% of the rate that would otherwise be imposed under this Section.

(g) If a candidatetaxpayer seekshas toa runtax liability for Statethe centraltaxable committeeperson,period thenending after June 30, 2002 and prior to July 1, 2009 that is eligible for amnesty under the candidate'sTax petitionDelinquency Amnesty Act, except for nominationany musttax containliability atreported leastpursuant 100to signaturesSection 506(b) of the primaryIllinois electorsIncome ofTax hisAct or(35 herILCS party5/506(b)) that is not final, and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the interest charged by the Department under this Section shall be imposed in an amount that is 200% of histhe oramount herthat congressionalwould district.otherwise be imposed under this Section.

(g)(h) SanitaryNo districtinterest trustee.shall be paid to a taxpayer on any refund allowed under the Tax Delinquency Amnesty Act.

If a candidate seeks to run for trustee of a sanitary district in which trustees are not elected from wards, then the candidate's petition for nomination must contain at least the number of signatures equal to 0.5% of the primary electors of his or her party from the sanitary district.

If a candidate seeks to run for trustee of a sanitary district in which trustees are elected from wards, then the candidate's petition for nomination must contain at least the number of signatures equal to 0.5% of the primary electors of his or her party in the ward of that sanitary district.

In the first primary election following redistricting of sanitary districts elected from wards, a candidate's petition for nomination must contain at least the signatures of 150 qualified primary electors of his or her ward SB0377 Engrossed - 12 - LRB096 06409 RCE 16493 b of that sanitary district.

(h) Judicial office.

If a candidate seeks to run for judicial office in a district, then the candidate's petition for nomination must contain the number of signatures equal to 0.4% of the number of votes cast in that district for the candidate for his or her political party for the office of Governor at the last general election at which a Governor was elected, but in no event less than 500 signatures.

If a candidate seeks to run for judicial office in a circuit or subcircuit, then the candidate's petition for nomination must contain the number of signatures equal to 0.25% of the number of votes cast for the judicial candidate of his or her political party who received the highest number of votes at the last general election at which a judicial officer from the same circuit or subcircuit was regularly scheduled to be elected, but in no event less than 500 signatures.

(i) Precinct, ward, and township committeeperson.

If a candidate seeks to run for precinct committeeperson, then the candidate's petition for nomination must contain at least 10 signatures of the primary electors of his or her party for the precinct.

If a candidate seeks to run for ward committeeperson, then the candidate's petition for nomination must contain no less than the number of signatures equal to 10% of the primary electors of his or her party of the ward, but no more than 16% of those same electors;

provided that the maximum number of signatures may be 50 more than the minimum number, whichever is SB0377 Engrossed - 13 - LRB096 06409 RCE 16493 b greater.

If a candidate seeks to run for township committeeperson, then the candidate's petition for nomination must contain no less than the number of signatures equal to 5% of the primary electors of his or her party of the township, but no more than 8% of those same electors;

provided that the maximum number of signatures may be 50 more than the minimum number, whichever is greater.

(j) State's attorney or regional superintendent of schools for multiple counties.

If a candidate seeks to run for State's attorney or regional Superintendent of Schools who serves more than one county, then the candidate's petition for nomination must contain at least the number of signatures equal to 0.5% of the primary electors of his or her party in the territory comprising the counties.

(k) Any other office.

If a candidate seeks any other office, then the candidate's petition for nomination must contain at least the number of signatures equal to 0.5% of the registered voters of the political subdivision, district, or division for which the nomination is made or 25 signatures, whichever is greater.

For purposes of this Section the number of primary electors shall be determined by taking the total vote cast, in the applicable district, for the candidate for that political party who received the highest number of votes, statewide, at the last general election in the State at which electors for President of the United States were elected.

For political SB0377 Engrossed - 14 - LRB096 06409 RCE 16493 b subdivisions, the number of primary electors shall be determined by taking the total vote cast for the candidate for that political party who received the highest number of votes in the political subdivision at the last regular election at which an officer was regularly scheduled to be elected from that subdivision.

For wards or districts of political subdivisions, the number of primary electors shall be determined by taking the total vote cast for the candidate for that political party who received the highest number of votes in the ward or district at the last regular election at which an officer was regularly scheduled to be elected from that ward or district.

A "qualified primary elector" of a party may not sign petitions for or be a candidate in the primary of more than one party.

The changes made to this Section of this amendatory Act of the 93rd General Assembly are declarative of existing law, except for item (3) of subsection (d).

Petitions of candidates for nomination for offices herein specified, to be filed with the same officer, may contain the names of 2 or more candidates of the same political party for the same or different offices.

In the case of the offices of Governor and Lieutenant Governor, a joint petition including one candidate for each of those offices must be filed.

94-645,95-331, eff.

8-22-05;8-21-07.) (35 ILCS 735/3-3) (from Ch.

95-699,120, eff.par.

11-9-07;2603-3) SB0377 Enrolled - 10 - LRB096 06409 RCE 16493 b Sec.

95-916,3-3. eff.

8-26-08.)Penalty SB0377for Engrossedfailure -to 15file -or LRB096pay. 06409 RCE 16493 b (10 ILCS 5/7-19) (from Ch.

46,(a) par.This subsection (a) is applicable before January 1, 1996.

7-19)A Sec.penalty of 5% of the tax required to be shown due on a return shall be imposed for failure to file the tax return on or before the due date prescribed for filing determined with regard for any extension of time for filing (penalty for late filing or nonfiling).

7-19.If any unprocessable return is corrected and filed within 21 days after notice by the Department, the late filing or nonfiling penalty shall not apply.

TheIf primarya ballotpenalty offor eachlate politicalfiling partyor nonfiling is imposed in addition to a penalty for eachlate precinctpayment, the total penalty due shall be arrangedthe andsum printedof substantiallythe inlate filing penalty and the mannerapplicable following:late payment penalty.

1.Beginning on the effective date of this amendatory Act of 1995, in the case of any type of tax return required to be filed more frequently than annually, when the failure to file the tax return on or before the date prescribed for filing (including any extensions) is shown to be nonfraudulent and has not occurred in the 2 years immediately preceding the failure to file on the prescribed due date, the penalty imposed by Section 3-3(a) shall be abated.

Designating(a-5) words.This subsection (a-5) is applicable to returns due on and after January 1, 1996 and on or before December 31, 2000.

AtA thepenalty topequal to 2% of the ballottax shallrequired to be printedshown indue largeon capitala letters,return, wordsup designatingto a maximum amount of $250, determined without regard to any part of the ballot,tax ifthat ais Republicanpaid ballot,on time or by any credit that was properly allowable on the designatingdate wordsthe return was SB0377 Enrolled - 11 - LRB096 06409 RCE 16493 b required to be filed, shall be:be imposed for failure to file the tax return on or before the due date prescribed for filing determined with regard for any extension of time for filing.

"REPUBLICANHowever, PRIMARYif BALLOT";any return is not filed within 30 days after notice of nonfiling mailed by the Department to the last known address of the taxpayer contained in Department records, an additional penalty amount shall be imposed equal to the greater of $250 or 2% of the tax shown on the return.

ifHowever, athe Democraticadditional ballotpenalty amount may not exceed $5,000 and is determined without regard to any part of the designatingtax wordsthat shallis be:paid on time or by any credit that was properly allowable on the date the return was required to be filed (penalty for late filing or nonfiling).

"DEMOCRATICIf PRIMARYany BALLOT";unprocessable return is corrected and filed within 30 days after notice by the Department, the late filing or nonfiling penalty shall not apply.

andIf a penalty for late filing or nonfiling is imposed in likeaddition mannerto a penalty for eachlate politicalpayment, party.the total penalty due shall be the sum of the late filing penalty and the applicable late payment penalty.

2.In the case of any type of tax return required to be filed more frequently than annually, when the failure to file the tax return on or before the date prescribed for filing (including any extensions) is shown to be nonfraudulent and has not occurred in the 2 years immediately preceding the failure to file on the prescribed due date, the penalty imposed by Section 3-3(a-5) shall be abated.

Order(a-10) ofThis Names,subsection Directions(a-10) is applicable to Voters,returns etc.due SB0377 Enrolled - 12 - LRB096 06409 RCE 16493 b on and after January 1, 2001.

BeginningA notpenalty lessequal thanto one2% inchof belowthe designatingtax words,required theto namebe shown due on a return, up to a maximum amount of each$250, officereduced by any tax that is paid on time or by any credit that was properly allowable on the date the return was required to be filledfiled, shall be printedimposed infor capitalfailure letters.to file the tax return on or before the due date prescribed for filing determined with regard for any extension of time for filing.

SuchHowever, namesif mayany bereturn printedis onnot filed within 30 days after notice of nonfiling mailed by the ballotDepartment eitherto inthe alast singleknown columnaddress orof the taxpayer contained in 2Department orrecords, morean columnsadditional andpenalty inamount shall be imposed equal to the followinggreater order,of to-wit:$250 or 2% of the tax shown on the return.

PresidentHowever, of the Unitedadditional States,penalty Stateamount offices,may congressionalnot offices,exceed delegates$5,000 and alternateis delegatesdetermined towithout beregard elected from the State at large to Nationalany nominatingpart conventions, delegates and alternate delegates to be elected from congressional districts to National nominating conventions, member or members of the Statetax centralthat committee,is trusteespaid ofon sanitarytime districts,or countyby offices,any judicialcredit officers,that city,was villageproperly andallowable incorporatedon townthe offices,date town offices, or of such of the saidreturn officeswas asrequired candidates are to be nominatedfiled (penalty for atlate suchfiling primary, and precinct, township or wardnonfiling). SB0377 Engrossed - 16 - LRB096 06409 RCE 16493 b committeemen.

If twoany orunprocessable morereturn columnsis arecorrected used,and thefiled foregoingwithin offices30 todays andafter includingnotice memberby of the StateDepartment, central committee shall be listed in the left-handlate columnfiling andor Senatorialnonfiling offices,penalty as defined in Section 8-3, shall benot theapply. first offices listed in the second column.

BelowIf thea namepenalty offor eachlate officefiling or nonfiling is imposed in addition to a penalty for late payment, the total penalty due shall be printedthe insum smallof lettersthe late filing penalty and the directionsapplicable tolate voters:payment penalty.

"VoteIn the case of any type of tax return required to be filed more frequently than annually, when the failure to file the tax return on or before the date prescribed for one";filing (including any extensions) is shown to be nonfraudulent and has not occurred SB0377 Enrolled - 13 - LRB096 06409 RCE 16493 b in the 2 years immediately preceding the failure to file on the prescribed due date, the penalty imposed by Section 3-3(a-10) shall be abated.

"Vote(b) forThis notsubsection moreis thanapplicable two";before January 1, 1998.

"VoteA forpenalty notof more15% thanof three".the tax shown on the return or the tax required to be shown due on the return shall be imposed for failure to pay:

If(1) nothe candidatetax shown due on the return on or candidatesbefore filethe due date prescribed for payment of that tax, an officeamount andof ifunderpayment noof personestimated tax, or personsan fileamount athat declarationis asreported ain write-inan candidateamended forreturn thatother office,than thenan belowamended thereturn titletimely filed as required by subsection (b) of thatSection office506 of the electionIllinois authorityIncome insteadTax shallAct print(penalty "Nofor Candidate".late payment or nonpayment of admitted liability);

Nextor to(2) the namefull amount of eachany candidatetax forrequired delegateto orbe alternateshown delegatedue toon a nationalreturn nominatingand conventionwhich shallis appearnot eithershown (a)(penalty thefor namelate ofpayment theor candidate'snonpayment preferenceof foradditional Presidentliability), ofwithin the30 Uniteddays Statesafter ora thenotice wordof "uncommitted"arithmetic orerror, (b)notice noand officialdemand, designation,or dependinga uponfinal theassessment actionis takenissued by the StateDepartment. central committee pursuant to Section 7-10.3 of this Act.

BelowIn the namecase of eacha officefinal shallassessment bearising printedfollowing ina capitalprotest lettersand hearing, the names30-day ofperiod allshall candidates,not arrangedbegin until all proceedings in court for review of the orderfinal inassessment whichhave theirterminated petitionsor forthe nominationsperiod werefor filed,obtaining excepta asreview otherwisehas providedexpired inwithout Sectionsproceedings 7-14for anda 7-17review ofhaving thisbeen Article.instituted.

OppositeIn andthe incase front of thea namenotice of eachtax candidateliability shallthat bebecomes printeda final assessment without a squareprotest and allhearing, squaresSB0377 uponEnrolled - 14 - LRB096 06409 RCE 16493 b the primarypenalty ballotprovided in this paragraph (2) shall be imposed at the expiration of uniformthe size.period provided for the filing of a protest.

The(b-5) namesThis ofsubsection eachis teamapplicable ofto candidatesreturns fordue Governoron and Lieutenantafter Governor,January however,1, shall1998 be printed SB0377 Engrossed - 17 - LRB096 06409 RCE 16493 b within a bracket, and aon singleor squarebefore shallDecember be31, printed2000. in front of the bracket.

SpacesA betweenpenalty theof names20% of candidatesthe undertax eachshown officeon shall be uniform and sufficient spaces shall separate the namesreturn ofor candidates for one office from the namestax ofrequired candidates for another office, to avoidbe confusionshown anddue toon permit the writingreturn inshall ofbe theimposed namesfor offailure otherto candidates.pay:

Where(1) votingthe machinestax orshown electronicdue votingon systemsthe arereturn used,on or before the provisionsdue date prescribed for payment of thisthat Sectiontax, mayan beamount modifiedof asunderpayment requiredof estimated tax, or authorizedan amount that is reported in an amended return other than an amended return timely filed as required by Articlesubsection 24(b) orof ArticleSection 24A,506 whicheverof isthe applicable.Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability);

or (2) the full amount of any tax required to be shown due on a return and which is not shown (penalty for late payment or nonpayment of additional liability), within 30 days after a notice of arithmetic error, notice and demand, or a final assessment is issued by the Department.

In the case of a final assessment arising following a protest and hearing, the 30-day period shall not begin until all proceedings in court for review of the final assessment have terminated or the period for obtaining a review has expired without proceedings for a review having been instituted.

In the case of a notice of tax liability that SB0377 Enrolled - 15 - LRB096 06409 RCE 16493 b becomes a final assessment without a protest and hearing, the penalty provided in this paragraph (2) shall be imposed at the expiration of the period provided for the filing of a protest.

(b-10) This subsection (b-10) is applicable to returns due on and after January 1, 2001 and on or before December 31, 2003.

A penalty shall be imposed for failure to pay:

(1) the tax shown due on a return on or before the due date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability).

The amount of penalty imposed under this subsection (b-10)(1) shall be 2% of any amount that is paid no later than 30 days after the due date, 5% of any amount that is paid later than 30 days after the due date and not later than 90 days after the due date, 10% of any amount that is paid later than 90 days after the due date and not later than 180 days after the due date, and 15% of any amount that is paid later than 180 days after the due date.

If notice and demand is made for the payment of any amount of tax due and if the amount due is paid within 30 days after the date of the notice and demand, then the penalty for late payment or nonpayment of admitted liability under this subsection (b-10)(1) on the SB0377 Enrolled - 16 - LRB096 06409 RCE 16493 b amount so paid shall not accrue for the period after the date of the notice and demand.

(2) the full amount of any tax required to be shown due on a return and that is not shown (penalty for late payment or nonpayment of additional liability), within 30 days after a notice of arithmetic error, notice and demand, or a final assessment is issued by the Department.

In the case of a final assessment arising following a protest and hearing, the 30-day period shall not begin until all proceedings in court for review of the final assessment have terminated or the period for obtaining a review has expired without proceedings for a review having been instituted.

The amount of penalty imposed under this subsection (b-10)(2) shall be 20% of any amount that is not paid within the 30-day period.

In the case of a notice of tax liability that becomes a final assessment without a protest and hearing, the penalty provided in this subsection (b-10)(2) shall be imposed at the expiration of the period provided for the filing of a protest.

(b-15) This subsection (b-15) is applicable to returns due on and after January 1, 2004 and on or before December 31, 2004.

A penalty shall be imposed for failure to pay the tax shown due or required to be shown due on a return on or before the due date prescribed for payment of that tax, an amount of underpayment of estimated tax, or an amount that is reported in an amended return other than an amended return timely filed as SB0377 Enrolled - 17 - LRB096 06409 RCE 16493 b required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of admitted liability).

The amount of penalty imposed under this subsection (b-15)(1) shall be 2% of any amount that is paid no later than 30 days after the due date, 10% of any amount that is paid later than 30 days after the due date and not later than 90 days after the due date, 15% of any amount that is paid later than 90 days after the due date and not later than 180 days after the due date, and 20% of any amount that is paid later than 180 days after the due date.

If notice and demand is made for the payment of any amount of tax due and if the amount due is paid within 30 days after the date of this notice and demand, then the penalty for late payment or nonpayment of admitted liability under this subsection (b-15)(1) on the amount so paid shall not accrue for the period after the date of the notice and demand.

(b-20) This subsection (b-20) is applicable to returns due on and after January 1, 2005.

(1) A penalty shall be imposed for failure to pay, prior to the due date for payment, any amount of tax the payment of which is required to be made prior to the filing of a return or without a return (penalty for late payment or nonpayment of estimated or accelerated tax).

The amount of penalty imposed under this paragraph (1) shall be 2% of any amount that is paid no later than 30 days after the due date and 10% of any amount that is paid later than 30 days SB0377 Enrolled - 18 - LRB096 06409 RCE 16493 b after the due date.

(2) A penalty shall be imposed for failure to pay the tax shown due or required to be shown due on a return on or before the due date prescribed for payment of that tax or an amount that is reported in an amended return other than an amended return timely filed as required by subsection (b) of Section 506 of the Illinois Income Tax Act (penalty for late payment or nonpayment of tax).

The amount of penalty imposed under this paragraph (2) shall be 2% of any amount that is paid no later than 30 days after the due date, 10% of any amount that is paid later than 30 days after the due date and prior to the date the Department has initiated an audit or investigation of the taxpayer, and 20% of any amount that is paid after the date the Department has initiated an audit or investigation of the taxpayer;

provided that the penalty shall be reduced to 15% if the entire amount due is paid not later than 30 days after the Department has provided the taxpayer with an amended return (following completion of an occupation, use, or excise tax audit) or a form for waiver of restrictions on assessment (following completion of an income tax audit);

provided further that the reduction to 15% shall be rescinded if the taxpayer makes any claim for refund or credit of the tax, penalties, or interest determined to be due upon audit, except in the case of a claim filed pursuant to subsection (b) of Section 506 of SB0377 Enrolled - 19 - LRB096 06409 RCE 16493 b the Illinois Income Tax Act or to claim a carryover of a loss or credit, the availability of which was not determined in the audit.

For purposes of this paragraph (2), any overpayment reported on an original return that has been allowed as a refund or credit to the taxpayer shall be deemed to have not been paid on or before the due date for payment and any amount paid under protest pursuant to the provisions of the State Officers and Employees Money Disposition Act shall be deemed to have been paid after the Department has initiated an audit and more than 30 days after the Department has provided the taxpayer with an amended return (following completion of an occupation, use, or excise tax audit) or a form for waiver of restrictions on assessment (following completion of an income tax audit).

(3) The penalty imposed under this subsection (b-20) shall be deemed assessed at the time the tax upon which the penalty is computed is assessed, except that, if the reduction of the penalty imposed under paragraph (2) of this subsection (b-20) to 15% is rescinded because a claim for refund or credit has been filed, the increase in penalty shall be deemed assessed at the time the claim for refund or credit is filed.

(c) For purposes of the late payment penalties, the basis of the penalty shall be the tax shown or required to be shown on a return, whichever is applicable, reduced by any part of SB0377 Enrolled - 20 - LRB096 06409 RCE 16493 b the tax which is paid on time and by any credit which was properly allowable on the date the return was required to be filed.

(d) A penalty shall be applied to the tax required to be shown even if that amount is less than the tax shown on the return.

(e) This subsection (e) is applicable to returns due before January 1, 2001.

If both a subsection (b)(1) or (b-5)(1) penalty and a subsection (b)(2) or (b-5)(2) penalty are assessed against the same return, the subsection (b)(2) or (b-5)(2) penalty shall be assessed against only the additional tax found to be due.

(e-5) This subsection (e-5) is applicable to returns due on and after January 1, 2001.

If both a subsection (b-10)(1) penalty and a subsection (b-10)(2) penalty are assessed against the same return, the subsection (b-10)(2) penalty shall be assessed against only the additional tax found to be due.

(f) If the taxpayer has failed to file the return, the Department shall determine the correct tax according to its best judgment and information, which amount shall be prima facie evidence of the correctness of the tax due.

(g) The time within which to file a return or pay an amount of tax due without imposition of a penalty does not extend the time within which to file a protest to a notice of tax liability or a notice of deficiency.

(h) No return shall be determined to be unprocessable SB0377 Enrolled - 21 - LRB096 06409 RCE 16493 b because of the omission of any information requested on the return pursuant to Section 2505-575 of the Department of Revenue Law (20 ILCS 2505/2505-575).

(i) If a taxpayer has a tax liability for the taxable period ending after June 30, 1983 and prior to July 1, 2002 that is eligible for amnesty under the Tax Delinquency Amnesty Act and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the penalty imposed by the Department under this Section shall be imposed in an amount that is 200% of the amount that would otherwise be imposed under this Section.

(j) If a taxpayer has a tax liability for the taxable period ending after June 30, 2002 and prior to July 1, 2009 that is eligible for amnesty under the Tax Delinquency Amnesty Act, except for any tax liability reported pursuant to Section 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that is not final, and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the penalty imposed by the Department under this Section shall be imposed in an amount that is 200% of the amount that would otherwise be imposed under this Section.

95-862,92-742, eff.

8-19-08.)7-25-02; (10 ILCS 5/7-46) (from Ch.

46,93-26, par.eff.

7-46)6-20-03; Sec.

7-46.93-32, eff.

On6-20-03; receiving from the primary judges a primary ballot of his party, the primary elector shall forthwith and without leaving the polling place, retire alone to one of the voting booths and prepare such primary ballot by marking a cross (X) in the square in front of and opposite the name of each candidate of his choice for each office to be filled, and for delegates and alternate delegates to national nominating conventions, and for committeemen, if committeemen are being elected at such primary.

A93-1068, crosseff. (X) in the square in front of the bracket enclosing the names of a team of candidates for Governor and Lieutenant Governor counts as one vote for each of those candidates.

Any1-15-05.) primary(35 electorILCS may,735/3-4) instead(from ofCh. voting for any SB0377 Engrossed - 18 - LRB096 06409 RCE 16493 b candidate for nomination or for committeeman or for delegate or alternate delegate to national nominating conventions, whose name is printed on the primary ballot, write in the name of any other person affiliated with such party as a candidate for the nomination for any office, or for committeeman, or for delegates or alternate delegates to national nominating conventions, and indicate his choice of such candidate or committeeman or delegate or alternate delegate, by placing to the left of and opposite the name thus written a square and placing in the square a cross (X).

A120, primarypar. elector, however, may not by this method vote separately for Governor and Lieutenant Governor but must write in the names of candidates of his or her choice for both offices and indicate his or her choice of those names by placing a single square to the left of those names and placing in that square a cross (X).

Where2603-4) votingSB0377 machinesEnrolled or- electronic22 voting- systemsLRB096 are06409 used,RCE the16493 provisionsb ofSec. this section may be modified as required or authorized by Article 24 or Article 24A, whichever is applicable.

3-4.

Penalty for failure to file correct information returns.

(a) Failure to file correct information returns - imposition of penalty.

(1) In general.

Unless otherwise provided in a tax Act, in the case of a failure described in paragraph (2) of this subsection (a) by any person with respect to an information return, that person shall pay a penalty of $5 for each return or statement with respect to which the failure occurs, but the total amount imposed on that person for all such failures during any calendar year shall not exceed $25,000.

(2) Failures subject to penalty.

The following failures are subject to the penalty imposed in paragraph (1) of this subsection (a):

(A) any failure to file an information return with the Department on or before the required filing date, or (B) any failure to include all of the information required to be shown on the return or the inclusion of incorrect information.

(b) Reduction where correction in specified period.

(1) Correction within 60 days.

If any failure described in subsection (a) (2) is corrected within 60 days after the required filing date:

(A) the penalty imposed by subsection (a) shall be SB0377 Enrolled - 23 - LRB096 06409 RCE 16493 b reduced by 50%;

and (B) the total amount imposed on the person for all such failures during any calendar year which are so corrected shall not exceed 50% of the maximum prescribed in subsection (a) (1).

(c) Information return defined.

An information return is any tax return required by a tax Act to be filed with the Department that does not, by law, require the payment of a tax liability.

(d) If a taxpayer has a tax liability for the taxable period ending after June 30, 1983 and prior to July 1, 2002 that is eligible for amnesty under the Tax Delinquency Amnesty Act and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the penalty imposed by the Department under this Section shall be imposed in an amount that is 200% of the amount that would otherwise be imposed under this Section.

(e) If a taxpayer has a tax liability for the taxable period ending after June 30, 2002 and prior to July 1, 2009 that is eligible for amnesty under the Tax Delinquency Amnesty Act, except for any tax liability reported pursuant to Section 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that is not final, and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the penalty imposed by the Department under this Section shall be imposed in an amount SB0377 Enrolled - 24 - LRB096 06409 RCE 16493 b that is 200% of the amount that would otherwise be imposed under this Section.

LawsP.A. 1965, p.

2220.)93-26, (10eff. ILCS 5/7-52) (from Ch.

46,6-20-03.) par.(35 ILCS 735/3-5) (from Ch.

7-52)120, Sec.par.

7-52.2603-5) Sec.

Immediately3-5. upon closing the polls, the primary judges shall proceed to canvass the votes in the manner following:

(1)Penalty Theyfor shallnegligence. separate and count the ballots of each SB0377 Engrossed - 19 - LRB096 06409 RCE 16493 b political party.

(2)(a) TheyIf shallany thenreturn proceedor amended return is prepared negligently, but without intent to ascertaindefraud, theand numberfiled, in addition to any penalty imposed under Section 3-3 of namesthis enteredAct, ona thepenalty applicationsshall forbe ballotimposed underin eachan partyamount affiliation.equal to 20% of any resulting deficiency.

(3)(b) IfNegligence theincludes primary ballots of any politicalfailure partyto exceedmake thea numberreasonable ofattempt applicationsto forcomply ballotwith by voters of such political party, the primaryprovisions ballots of suchany politicaltax partyAct shall be folded and replacedincludes incareless, thereckless, ballotor box,intentional thedisregard box closed, well shaken and again opened and one of the primarylaw judges,or whoregulations. shall be blindfolded, shall draw out so many of the primary ballots of such political party as shall be equal to such excess.

Such(c) excessNo ballotspenalty shall be markedimposed "Excess-Notunder Counted"this andSection signedif byit ais majorityshown ofthat thefailure judgesto andcomply shallwith bethe placedtax inAct theis "Afterdue 6:00to p.m.reasonable cause.

DefectiveA Ballotstaxpayer Envelope".is not negligent if the taxpayer shows substantial authority to support the return as filed.

The(d) numberIf ofa excesstaxpayer ballotshas a tax liability for the taxable period ending after June 30, 1983 and prior to July 1, 2002 that is eligible for amnesty under the Tax Delinquency Amnesty Act and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the penalty imposed by the Department shall be notedimposed in thean remarksamount sectionthat is 200% of the Certificateamount ofthat Results.would SB0377 Enrolled - 25 - LRB096 06409 RCE 16493 b otherwise be imposed in accordance with this Section.

"Excess"(e) ballotsIf shalla taxpayer has a tax liability for the taxable period ending after June 30, 2002 and prior to July 1, 2009 that is eligible for amnesty under the Tax Delinquency Amnesty Act, except for any tax liability reported pursuant to Section 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that is not befinal, countedand the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the totalpenalty imposed by the Department under this Section shall be imposed in an amount that is 200% of "defective"the ballots;amount that would otherwise be imposed under this Section.

(4) The primary judges shall then proceed to count the primary ballots of each political party separately;

and as the primary judges shall open and read the primary ballots, 3 of the judges shall carefully and correctly mark upon separate tally sheets the votes which each candidate of the party whose name is written or printed on the primary ballot has received, in a separate column for that purpose, with the name of such candidate, the name of his political party and the name of the office for which he is a candidate for nomination at the head SB0377 Engrossed - 20 - LRB096 06409 RCE 16493 b of such column.

The same column, however, shall be used for both names of the same team of candidates for Governor and Lieutenant Governor.

Where voting machines or electronic voting systems are used, the provisions of this section may be modified as required or authorized by Article 24 or Article 24A, whichever is applicable.

80-484.)93-26, (10eff. ILCS 5/7-53) (from Ch.

46,6-20-03.) par.(35 ILCS 735/3-6) (from Ch.

7-53)120, Sec.par.

7-53.2603-6) Sec.

As3-6. soon as the ballots of a political party shall have been read and the votes of the political party counted, as provided in the last above section, the 3 judges in charge of the tally sheets shall foot up the tally sheets so as to show the total number of votes cast for each candidate of the political party and for each candidate for State Central committeeman and precinct committeeman, township committeeman or ward committeeman, and delegate and alternate delegate to National nominating conventions, and certify the same to be correct.

Thereupon,Penalty the primary judges shall set down in a certificate of results on the tally sheet, under the name of the political party, the name of each candidate voted for uponfraud. the primary ballot, written at full length, the name of the office for which he is a candidate for nomination or for committeeman, or delegate or alternate delegate to National nominating conventions, the total number of votes which the SB0377 Engrossed - 21 - LRB096 06409 RCE 16493 b candidate received, and they shall also set down the total number of ballots voted by the primary electors of the political party in the precinct.

The(a) certificateIf any return or amended return is filed with intent to defraud, in addition to any penalty imposed under Section 3-3 of resultsthis Act, a penalty shall be madeimposed substantially in thean followingamount form:equal to 50% of any resulting deficiency.

................(b) If any claim is filed with intent to defraud, a penalty shall be imposed in an amount equal to 50% of the amount fraudulently claimed for credit or refund.

Party(c) AtIf a taxpayer has a tax liability for the primarytaxable electionperiod heldending after June 30, 1983 and prior to July 1, 2002 that is eligible for amnesty under the Tax Delinquency Amnesty SB0377 Enrolled - 26 - LRB096 06409 RCE 16493 b Act and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the ....penalty imposed by the Department under this Section shall be imposed in an amount that is 200% of the amount that would otherwise be imposed under this Section.

precinct(d) ofIf a taxpayer has a tax liability for the (1)taxable *townshipperiod ending after June 30, 2002 and prior to July 1, 2009 that is eligible for amnesty under the Tax Delinquency Amnesty Act, except for any tax liability reported pursuant to Section 506(b) of ....,the orIllinois (2)Income *CityTax Act (35 ILCS 5/506(b)) that is not final, and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the penalty imposed by the Department under this Section shall be imposed in an amount that is 200% of ....,the oramount (3)that *....would otherwise be imposed under this Section.

ward in the city of ....

on (insert date), the primary electors of the ....

party voted ....

ballots, and the respective candidates whose names were written or printed on the primary ballot of the ....

party, received respectively the following votes:

Name of No.

of Candidate, Title of Office, Votes John Jones Governor 100 Jane James Lieutenant Governor 100 Sam Smith Governor 70 Samantha Smythe Lieutenant Governor 70 Frank Martin Attorney General 150 William Preston Rep.

in Congress 200 Frederick John Circuit Judge 50 *Fill in either (1), (2) or (3).

And so on for each candidate.

We hereby certify the above and foregoing to be true and correct.

Dated (insert date).

SB0377 Engrossed - 22 - LRB096 06409 RCE 16493 b ...................................

Name Address ...................................

Name Address ...................................

Name Address ...................................

Name Address ...................................

Name Address Judges of Primary Where voting machines or electronic voting systems are used, the provisions of this Section may be modified as required or authorized by Article 24 and Article 24A, whichever is applicable.

91-357,93-26, eff.

7-29-99.)6-20-03.) (10(35 ILCS 5/24B-6)735/3-7.5) Sec.

24B-6.3-7.5.

BallotBad Information;check penalty.

Arrangement;(a) In addition to any other penalty provided in this Act, a penalty of $25 shall be imposed on any person who issues a check or other draft to the Department that is not honored upon presentment.

ElectronicThe Precinctpenalty Tabulationimposed Opticalunder Scanthis TechnologySection Votingshall System;be deemed assessed at the time of presentment of the check or other draft and shall be treated for all purposes, including SB0377 Enrolled - 27 - LRB096 06409 RCE 16493 b collection and allocation, as part of the tax or other liability for which the check or other draft represented payment.

Absentee(b) Ballots;If a taxpayer has a tax liability for the taxable period ending after June 30, 1983 and prior to July 1, 2002 that is eligible for amnesty under the Tax Delinquency Amnesty Act and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the penalty imposed by the Department under this Section shall be imposed in an amount that is 200% of the amount that would otherwise be imposed under this Section.

Spoiled(c) Ballots.If a taxpayer has a tax liability for the taxable period ending after June 30, 2002 and prior to July 1, 2009 that is eligible for amnesty under the Tax Delinquency Amnesty Act, except for any tax liability reported pursuant to Section 506(b) of the Illinois Income Tax Act (35 ILCS 5/506(b)) that is not final, and the taxpayer fails to satisfy the tax liability during the amnesty period provided for in that Act for that taxable period, then the penalty imposed by the Department under this Section shall be imposed in an amount that is 200% of the amount that would otherwise be imposed under this Section.

The ballot information, shall, as far as practicable, be in the order of arrangement provided for paper ballots, except that the information may be in vertical or horizontal rows, or on a number of separate SB0377 Engrossed - 23 - LRB096 06409 RCE 16493 b pages or displays on the marking device.

Ballots for all questions or propositions to be voted on should be provided in a similar manner and must be arranged on the ballot sheet or marking device in the places provided for such purposes.

Ballots shall be of white paper unless provided otherwise by administrative rule of the State Board of Elections or otherwise specified.

All propositions, including but not limited to propositions calling for a constitutional convention, constitutional amendment, judicial retention, and public measures to be voted upon shall be placed on separate portions of the ballot sheet or marking device by utilizing borders or grey screens.

Candidates shall be listed on a separate portion of the ballot sheet or marking device by utilizing borders or grey screens.

Whenever a person has submitted a declaration of intent to be a write-in candidate as required in Sections 17-16.1 and 18-9.1, a line or lines on which the voter may select a write-in candidate shall be printed below the name of the last candidate nominated for such office.

Such line or lines shall be proximate to an area provided for marking votes for the write-in candidate or candidates.

The number of write-in lines for an office shall equal the number of persons who have filed declarations of intent to be write-in candidates plus an additional line or lines for write-in candidates who qualify to file declarations to be write-in candidates under Sections 17-16.1 and 18-9.1 when the certification of ballot SB0377 Engrossed - 24 - LRB096 06409 RCE 16493 b contains the words "OBJECTION PENDING" next to the name of that candidate, up to the number of candidates for which a voter may vote.

In the case of write-in lines for the offices of Governor and Lieutenant Governor, 2 lines shall be printed within a bracket and a single square shall be printed in front of the bracket.

More than one amendment to the constitution may be placed on the same portion of the ballot sheet or marking device.

Constitutional convention or constitutional amendment propositions shall be printed or displayed on a separate portion of the ballot sheet or marking device and designated by borders or grey screens, unless otherwise provided by administrative rule of the State Board of Elections.

More than one public measure or proposition may be placed on the same portion of the ballot sheet or marking device.

More than one proposition for retention of judges in office may be placed on the same portion of the ballot sheet or marking device.

Names of candidates shall be printed in black.

The party affiliation of each candidate or the word "independent" shall appear near or under the candidate's name, and the names of candidates for the same office shall be listed vertically under the title of that office, on separate pages of the marking device, or as otherwise approved by the State Board of Elections.

If no candidate or candidates file for an office and if no person or persons file a declaration as a write-in candidate for that office, then below the title of that office the election authority instead shall print "No Candidate".

In the case of SB0377 Engrossed - 25 - LRB096 06409 RCE 16493 b nonpartisan elections for officers of political subdivisions, unless the statute or an ordinance adopted pursuant to Article VII of the Constitution requires otherwise, the listing of nonpartisan candidates shall not include any party or "independent" designation.

Judicial retention questions and ballot questions for all public measures and other propositions shall be designated by borders or grey screens on the ballot or marking device.

In primary elections, a separate ballot, or displays on the marking device, shall be used for each political party holding a primary, with the ballot or marking device arranged to include names of the candidates of the party and public measures and other propositions to be voted upon on the day of the primary election.

If the ballot includes both candidates for office and public measures or propositions to be voted on, the election official in charge of the election shall divide the ballot or displays on the marking device in sections for "Candidates" and "Propositions", or separate ballots may be used.

Absentee ballots may consist of envelopes, paper ballots or ballot sheets voted in person in the office of the election official in charge of the election or voted by mail.

Where a Precinct Tabulation Optical Scan Technology ballot is used for voting by mail it must be accompanied by voter instructions.

Any voter who spoils his or her ballot, makes an error, or has a ballot returned by the automatic tabulating equipment may return the ballot to the judges of election and get another SB0377 Engrossed - 26 - LRB096 06409 RCE 16493 b ballot.

95-699,93-26, eff.

11-9-07;6-20-03.) Section 99.

95-862,Effective eff.date.

8-19-08.)This Act takes effect upon becoming law.