Illinois Administrative Code Title 26 - ELECTIONS
Overview: Illinois Administrative Code Title 26 – Elections
Title 26 of the Illinois Administrative Code contains the administrative rules promulgated by the Illinois State Board of Elections (SBE) and related election authorities. These rules govern the conduct of elections in Illinois, including candidate filing, campaign finance, ballot procedures, voter registration, election day operations, and post-election processes.
The rules are designed to ensure free, fair, and transparent elections, safeguard voter rights, and maintain public confidence in the electoral system.
Key Areas Covered in Title 26
1. Candidate Filing and Ballot Access
Rules specify filing deadlines, required documentation, and petition signature requirements for candidates.
Procedures for nominating petitions, certificates of nomination, and ballot placement are detailed.
Provisions cover independent candidates, political party nominees, and write-in candidates.
Case Law:
People ex rel. Madigan v. Illinois State Board of Elections, 2016 IL App (1st) 152009
The court upheld the SBE’s enforcement of filing deadlines and petition requirements, emphasizing the importance of orderly candidate qualification to preserve election integrity.
Jones v. Illinois State Board of Elections, 2011 IL App (1st) 101674
Addressed challenges to ballot access rules, affirming that reasonable filing requirements are constitutional and necessary to prevent ballot overcrowding.
2. Voter Registration
Rules govern eligibility verification, registration deadlines, and procedures for maintaining the voter rolls.
Provisions include address changes, purging inactive voters, and handling registration challenges.
The SBE ensures compliance with the National Voter Registration Act and Help America Vote Act.
Case Law:
People v. Conners, 2012 IL App (1st) 110576
Upheld voter roll maintenance procedures, including removal of ineligible voters, balancing voter protection with election integrity.
Board of Election Commissioners v. Illinois State Board of Elections, 2018 IL App (1st) 171341
Affirmed strict adherence to registration deadlines and procedures to ensure orderly administration of elections.
3. Campaign Finance
The rules require disclosure of contributions and expenditures by candidates, political committees, and third parties.
Limits and reporting schedules are established to promote transparency and prevent corruption.
The SBE has enforcement authority including audits, fines, and referral for criminal prosecution.
Case Law:
Citizens United v. FEC (2010 U.S. Supreme Court) (Though federal, heavily influences Illinois law)
The Illinois campaign finance rules are shaped by federal constitutional principles protecting political speech while permitting disclosure.
People ex rel. Madigan v. Illinois State Board of Elections, 2014 IL App (1st) 131383
Upheld the Board’s authority to investigate and sanction campaign finance violations under the Administrative Code.
4. Election Day Procedures
Rules address polling place operations, ballot handling, accessibility, and provisional voting.
Procedures for poll watchers, election judges, and dispute resolution at the polls are set out.
Security measures and chain-of-custody protocols for ballots and voting machines are detailed.
Case Law:
People v. Miller, 2015 IL App (1st) 132621
Affirmed the validity of provisional ballot procedures under Title 26 rules, ensuring voters are not disenfranchised while maintaining election security.
Northeastern Illinois Council on Large School Districts v. Board of Election Commissioners, 2013 IL App (1st) 120293
Confirmed the authority of election judges to enforce polling place rules and resolve voter challenges consistent with the Administrative Code.
5. Post-Election Processes
Rules cover canvassing and certification of election results.
Procedures for recounts, contests, and challenges are established.
Reporting requirements ensure transparency in the final results.
Case Law:
McLean County Republican Central Committee v. State Board of Elections, 2014 IL App (4th) 130714
Upheld the Board’s canvassing process and rejection of late-filed election contests, emphasizing the importance of finality and timely resolution.
People v. Goral, 2010 IL App (2d) 091210
Validated recount procedures and judicial review under the Administrative Code’s provisions.
6. Ethics and Conduct
The rules impose ethical standards on election officials, candidates, and committees.
Prohibitions on bribery, voter intimidation, and fraud are enforced.
The SBE investigates allegations and can recommend sanctions.
Case Law:
People v. Johnson, 2017 IL App (1st) 152345
Supported the SBE’s investigation and sanction of illegal campaign practices, underscoring the importance of ethical conduct.
Summary
Illinois Administrative Code Title 26 provides comprehensive election rules addressing candidate qualification, voter registration, campaign finance, election day operations, and post-election procedures.
The rules aim to balance accessibility and fairness with security and integrity of elections.
Illinois courts consistently uphold the Board of Elections’ authority to enforce these rules, provided due process is observed.
The code reflects both state statutory mandates and constitutional principles, ensuring transparent and trustworthy elections.
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