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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||
5 | Sections 1-3, 16-3, 17-11, 17-18, 18-5, and 18-9 and by adding | |||||||||||||||||||||||||||||||||
6 | Sections 16-4.2 and 17-18.2 as follows:
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7 | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
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8 | Sec. 1-3. As used in this Act, unless the context | |||||||||||||||||||||||||||||||||
9 | otherwise requires:
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10 | 1. "Election" includes the submission of all questions of | |||||||||||||||||||||||||||||||||
11 | public
policy, propositions, and all measures submitted to | |||||||||||||||||||||||||||||||||
12 | popular vote, and
includes primary elections when so indicated | |||||||||||||||||||||||||||||||||
13 | by the context.
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14 | 2. "Regular election" means the general, general primary,
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15 | consolidated and consolidated primary elections regularly | |||||||||||||||||||||||||||||||||
16 | scheduled in Article
2A. The even numbered year municipal | |||||||||||||||||||||||||||||||||
17 | primary established in Article 2A is
a regular election only | |||||||||||||||||||||||||||||||||
18 | with respect to those municipalities in which a
primary is | |||||||||||||||||||||||||||||||||
19 | required to be held on such date.
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20 | 3. "Special election" means an election not regularly | |||||||||||||||||||||||||||||||||
21 | recurring at fixed
intervals, irrespective of whether it is | |||||||||||||||||||||||||||||||||
22 | held at the same time and place and by
the same election | |||||||||||||||||||||||||||||||||
23 | officers as a regular election.
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1 | 4. "General election" means the biennial election at which | ||||||
2 | members of
the General Assembly are elected. "General primary | ||||||
3 | election", "consolidated election" and "consolidated primary | ||||||
4 | election" mean
the respective elections or the election dates | ||||||
5 | designated and established
in Article 2A of this Code.
| ||||||
6 | 5. "Municipal election" means an election or primary, | ||||||
7 | either regular
or special, in cities, villages, and | ||||||
8 | incorporated towns; and "municipality"
means any such city, | ||||||
9 | village or incorporated town.
| ||||||
10 | 6. "Political or governmental subdivision" means any unit | ||||||
11 | of local
government, or school district in which elections are | ||||||
12 | or may be held.
"Political or governmental subdivision" also | ||||||
13 | includes, for election purposes,
Regional Boards of School | ||||||
14 | Trustees, and Township Boards of School Trustees.
| ||||||
15 | 7. The word "township" and the word "town" shall apply
| ||||||
16 | interchangeably to the type of governmental organization | ||||||
17 | established in
accordance with the provisions of the Township | ||||||
18 | Code. The term
"incorporated town" shall mean a municipality | ||||||
19 | referred to as an
incorporated town in the Illinois Municipal | ||||||
20 | Code, as now or hereafter
amended.
| ||||||
21 | 8. "Election authority" means a county clerk or a Board of | ||||||
22 | Election
Commissioners.
| ||||||
23 | 9. "Election Jurisdiction" means (a) an entire county, in | ||||||
24 | the case of
a county in which no city board of election | ||||||
25 | commissioners is located or
which is under the jurisdiction of | ||||||
26 | a county board of election commissioners;
(b) the territorial |
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| |||||||
1 | jurisdiction of a city board of election commissioners;
and | ||||||
2 | (c) the territory in a county outside of the jurisdiction of a | ||||||
3 | city
board of election commissioners. In each instance | ||||||
4 | election jurisdiction
shall be determined according to which | ||||||
5 | election authority maintains the
permanent registration | ||||||
6 | records of qualified electors.
| ||||||
7 | 10. "Local election official" means the clerk or secretary | ||||||
8 | of a unit
of local government or school district, as the case | ||||||
9 | may be, the treasurer
of a township board of school trustees, | ||||||
10 | and the regional superintendent
of schools with respect to the | ||||||
11 | various school officer elections and school
referenda for | ||||||
12 | which the regional superintendent is assigned election duties
| ||||||
13 | by The School Code, as now or hereafter amended.
| ||||||
14 | 11. "Judges of election", "primary judges" and similar | ||||||
15 | terms, as
applied to cases where there are 2 sets of judges, | ||||||
16 | when used in
connection with duties at an election during the | ||||||
17 | hours the polls are
open, refer to the team of judges of | ||||||
18 | election on duty during such hours;
and, when used with | ||||||
19 | reference to duties after the closing of the polls,
refer to | ||||||
20 | the team of tally judges designated to count the vote after the
| ||||||
21 | closing of the polls and the holdover judges designated | ||||||
22 | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | ||||||
23 | after the closing of the
polls, any act is required to be | ||||||
24 | performed by each of the judges of
election, it shall be | ||||||
25 | performed by each of the tally judges and by each
of the | ||||||
26 | holdover judges.
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1 | 12. "Petition" of candidacy as used in Sections 7-10 and | ||||||
2 | 7-10.1
shall consist of a statement of candidacy, candidate's | ||||||
3 | statement
containing oath, and sheets containing signatures of | ||||||
4 | qualified primary
electors bound together.
| ||||||
5 | 13. "Election district" and "precinct", when used with | ||||||
6 | reference to
a 30-day residence requirement, means the | ||||||
7 | smallest constituent territory
in which electors vote as a | ||||||
8 | unit at the same polling place in any
election governed by this | ||||||
9 | Act.
| ||||||
10 | 14. "District" means any area which votes as a unit for the | ||||||
11 | election of
any officer, other than the State or a unit of | ||||||
12 | local government or school
district, and includes, but is not | ||||||
13 | limited to, legislative, congressional
and judicial districts, | ||||||
14 | judicial circuits, county board districts,
municipal and | ||||||
15 | sanitary district wards, school board districts, and | ||||||
16 | precincts.
| ||||||
17 | 15. "Question of public policy" or "public question"
means | ||||||
18 | any question, proposition or measure submitted to the voters | ||||||
19 | at an
election dealing with subject matter other than the | ||||||
20 | nomination or election
of candidates and shall include, but is | ||||||
21 | not limited to, any bond or tax
referendum, and questions | ||||||
22 | relating to the Constitution.
| ||||||
23 | 16. "Ordinance providing the form of government of a | ||||||
24 | municipality
or county pursuant to Article VII of the | ||||||
25 | Constitution" includes ordinances,
resolutions and petitions | ||||||
26 | adopted by referendum which provide for the form
of |
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1 | government, the officers or the manner of selection or terms | ||||||
2 | of office
of officers of such municipality or county, pursuant | ||||||
3 | to the provisions of
Sections 4, 6 or 7 of Article VII of the | ||||||
4 | Constitution.
| ||||||
5 | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | ||||||
6 | 6-60, and 6-66
shall include a computer tape or computer disc | ||||||
7 | or other electronic data
processing information containing | ||||||
8 | voter information.
| ||||||
9 | 18. "Accessible" means accessible to persons with | ||||||
10 | disabilities and elderly
individuals for the purpose of voting | ||||||
11 | or registration, as determined by
rule of the State Board of | ||||||
12 | Elections.
| ||||||
13 | 19. "Elderly" means 65 years of age or older.
| ||||||
14 | 20. "Person with a disability" means a person having a | ||||||
15 | temporary or permanent physical disability.
| ||||||
16 | 21. "Leading political party" means one of the two | ||||||
17 | political parties
whose candidates for governor at the most | ||||||
18 | recent three gubernatorial
elections received either the | ||||||
19 | highest or second highest average number of
votes. The | ||||||
20 | political party whose candidates for governor received the
| ||||||
21 | highest average number of votes shall be known as the first | ||||||
22 | leading
political party and the political party whose | ||||||
23 | candidates for governor
received the second highest average | ||||||
24 | number of votes shall be known as the
second leading political | ||||||
25 | party.
| ||||||
26 | 22. "Business day" means any day in which the office of an |
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| |||||||
1 | election
authority, local election official or the State Board | ||||||
2 | of Elections is open
to the public for a minimum of 7 hours.
| ||||||
3 | 23. "Homeless individual" means any person who has a | ||||||
4 | nontraditional
residence, including, but not limited to, a | ||||||
5 | shelter, day shelter, park
bench, street corner, or space | ||||||
6 | under a bridge.
| ||||||
7 | 24. "Signature" means a name signed in ink or in digitized | ||||||
8 | form. This definition does not apply to a nominating or | ||||||
9 | candidate petition or a referendum petition. | ||||||
10 | 25. "Intelligent mail barcode tracking system" means a | ||||||
11 | printed trackable barcode attached to the return business | ||||||
12 | reply envelope for mail-in ballots under Article 19 or Article | ||||||
13 | 20 that allows an election authority to determine the date the | ||||||
14 | envelope was mailed in absence of a postmark. | ||||||
15 | 26. "Office elected by ranked-choice voting" means any | ||||||
16 | member of the General Assembly, as well as the offices of | ||||||
17 | Governor, Lieutenant Governor, Attorney General, Secretary of | ||||||
18 | State, Comptroller, and Treasurer. These offices shall only be | ||||||
19 | elected by ranked-choice voting during a general or special | ||||||
20 | election, and not during a primary, consolidated primary, or | ||||||
21 | similar election. | ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
| ||||||
23 | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| ||||||
24 | Sec. 16-3. (a) Except as provided in Section 16-4.2 of | ||||||
25 | this Code, the The names of all candidates to be voted for in |
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| |||||||
1 | each
election district or precinct shall be printed on one | ||||||
2 | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 | ||||||
3 | of this Code Act and except as otherwise
provided in this Code | ||||||
4 | Act with respect to the odd year regular elections and
the | ||||||
5 | emergency referenda; all nominations
of any political party | ||||||
6 | being placed under the party appellation or title
of such | ||||||
7 | party as designated in the certificates of nomination or
| ||||||
8 | petitions. The names of all independent candidates shall be | ||||||
9 | printed upon
the ballot in a column or columns under the | ||||||
10 | heading "independent"
arranged under the names or titles of | ||||||
11 | the respective offices for which
such independent candidates | ||||||
12 | shall have been nominated and so far as
practicable, the name | ||||||
13 | or names of any independent candidate or
candidates for any | ||||||
14 | office shall be printed upon the ballot opposite the
name or | ||||||
15 | names of any candidate or candidates for the same office
| ||||||
16 | contained in any party column or columns upon said ballot. The | ||||||
17 | ballot
shall contain no other names, except that in cases of | ||||||
18 | electors for
President and Vice-President of the United | ||||||
19 | States, the names of the
candidates for President and | ||||||
20 | Vice-President may be added to the party
designation and words | ||||||
21 | calculated to aid the voter in his choice of candidates
may be | ||||||
22 | added, such as "Vote for one," "Vote for not more than three." | ||||||
23 | If no candidate or candidates file for an office and if no | ||||||
24 | person or persons file a declaration as a write-in candidate | ||||||
25 | for that office, then below the title of that office the | ||||||
26 | election authority instead shall print "No Candidate". When an |
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1 | electronic
voting system is used which utilizes a ballot label | ||||||
2 | booklet, the candidates
and questions shall appear on the | ||||||
3 | pages of such booklet in the order
provided by this Code; and, | ||||||
4 | in any case where candidates for an office
appear on a page | ||||||
5 | which does not contain the name of any candidate for
another | ||||||
6 | office, and where less than 50% of the page is utilized, the | ||||||
7 | name of
no candidate shall be printed on the lowest 25% of such | ||||||
8 | page. On the back or
outside of the ballot, so as to appear | ||||||
9 | when folded, shall be printed the words
"Official Ballot", | ||||||
10 | followed by the designation of the polling place for
which the | ||||||
11 | ballot is prepared, the date of the election and a facsimile
of | ||||||
12 | the signature of the election authority who has caused the | ||||||
13 | ballots to
be printed. The ballots shall be of plain white | ||||||
14 | paper, through which the
printing or writing cannot be read. | ||||||
15 | However, ballots for use at the
nonpartisan and consolidated | ||||||
16 | elections may be printed on different color
paper, except blue | ||||||
17 | paper, whenever necessary or desirable to facilitate
| ||||||
18 | distinguishing between ballots for different political | ||||||
19 | subdivisions. In
the case of nonpartisan elections for | ||||||
20 | officers of a political
subdivision, unless the statute or an | ||||||
21 | ordinance adopted pursuant to
Article VII of the Constitution | ||||||
22 | providing the form of government
therefor requires otherwise, | ||||||
23 | the column listing such nonpartisan
candidates shall be | ||||||
24 | printed with no appellation or circle at its head.
The party | ||||||
25 | appellation or title, or the word "independent" at the head of
| ||||||
26 | any column provided for independent candidates, shall be |
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1 | printed in letters not less than one-fourth of an inch in | ||||||
2 | height
and a
circle one-half inch in diameter shall be printed | ||||||
3 | at the beginning of
the line in which such appellation or title | ||||||
4 | is printed, provided,
however, that no such circle shall be | ||||||
5 | printed at the head of any column
or columns provided for such | ||||||
6 | independent candidates. The names of
candidates shall be | ||||||
7 | printed in letters not less than one-eighth
nor more than | ||||||
8 | one-fourth of an inch in height, and at the beginning of
each | ||||||
9 | line in which a name of a candidate is printed a square shall | ||||||
10 | be
printed, the sides of which shall be not less than | ||||||
11 | one-fourth of an inch
in length. However, the names of the | ||||||
12 | candidates for Governor and
Lieutenant Governor on the same | ||||||
13 | ticket shall be printed within a bracket
and a single square | ||||||
14 | shall be printed in front of the bracket. The list
of | ||||||
15 | candidates of the several parties and any such list of | ||||||
16 | independent
candidates shall be placed in separate columns on | ||||||
17 | the ballot in such
order as the election authorities charged | ||||||
18 | with the printing of the
ballots shall decide; provided, that | ||||||
19 | the names of the candidates of the
several political parties, | ||||||
20 | certified by the State Board of Elections to
the several | ||||||
21 | county clerks shall be printed by the county clerk of the
| ||||||
22 | proper county on the official ballot in the order certified by | ||||||
23 | the State
Board of Elections. Any county clerk refusing, | ||||||
24 | neglecting or failing to
print on the official ballot the | ||||||
25 | names of candidates of the several
political parties in the | ||||||
26 | order certified by the State Board of
Elections, and any |
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1 | county clerk who prints or causes to be printed upon
the | ||||||
2 | official ballot the name of a candidate, for an office to be | ||||||
3 | filled
by the Electors of the entire State, whose name has not | ||||||
4 | been duly
certified to him upon a certificate signed by the | ||||||
5 | State Board of
Elections shall be guilty of a Class C | ||||||
6 | misdemeanor.
| ||||||
7 | (b) When an electronic voting system is used which | ||||||
8 | utilizes a ballot
card,
on the inside flap of each ballot card | ||||||
9 | envelope there shall be printed
a form for write-in voting | ||||||
10 | which shall be substantially as follows:
| ||||||
11 | WRITE-IN VOTES
| ||||||
12 | (See card of instructions for specific information. | ||||||
13 | Duplicate form below
by hand for additional write-in votes.)
| ||||||
14 | .............................
| ||||||
15 | Title of Office
| ||||||
16 | ( ) .............................
| ||||||
17 | Name of Candidate
| ||||||
18 | Write-in lines equal to the number of candidates for which | ||||||
19 | a voter may vote shall be printed for an office only if one or | ||||||
20 | more persons filed declarations of intent to be write-in | ||||||
21 | candidates or qualify to file declarations to be write-in | ||||||
22 | candidates under Sections 17-16.1 and 18-9.1 when the | ||||||
23 | certification of ballot contains the words "OBJECTION | ||||||
24 | PENDING".
| ||||||
25 | (c) When an electronic voting system is used which uses a | ||||||
26 | ballot sheet,
the
instructions to voters on the ballot sheet |
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| |||||||
1 | shall refer the voter to the
card of instructions for specific | ||||||
2 | information on write-in voting. Below
each office appearing on | ||||||
3 | such ballot sheet there shall be a provision for
the casting of | ||||||
4 | a write-in vote. Write-in lines equal to the number of | ||||||
5 | candidates for which a voter may vote shall be printed for an | ||||||
6 | office only if one or more persons filed declarations of | ||||||
7 | intent to be write-in candidates or qualify to file | ||||||
8 | declarations to be write-in candidates under Sections 17-16.1 | ||||||
9 | and 18-9.1 when the certification of ballot contains the words | ||||||
10 | "OBJECTION PENDING".
| ||||||
11 | (d) When such electronic system is used, there shall be | ||||||
12 | printed on the
back of each ballot card, each ballot card | ||||||
13 | envelope, and
the first page of the ballot label when a ballot | ||||||
14 | label is used, the
words "Official Ballot," followed by the | ||||||
15 | number of the
precinct or other precinct identification, which | ||||||
16 | may be stamped, in lieu
thereof and, as applicable, the number | ||||||
17 | and name of the township, ward
or other election district for | ||||||
18 | which the ballot card, ballot card
envelope, and ballot label | ||||||
19 | are prepared, the date of the election and a
facsimile of the | ||||||
20 | signature of the election authority who has caused the
ballots | ||||||
21 | to be printed. The back of the ballot card shall also include
a | ||||||
22 | method of identifying the ballot configuration such as a | ||||||
23 | listing of the
political subdivisions and districts for which | ||||||
24 | votes may be cast on that
ballot, or a number code identifying | ||||||
25 | the ballot configuration or color coded
ballots, except that | ||||||
26 | where there is only one ballot configuration in a
precinct, |
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| |||||||
1 | the precinct identification, and any applicable ward
| ||||||
2 | identification, shall be sufficient. Ballot card envelopes | ||||||
3 | used in punch
card systems shall be of paper through which no | ||||||
4 | writing or punches may be
discerned and shall be of sufficient | ||||||
5 | length to enclose all voting
positions. However, the election | ||||||
6 | authority may provide
ballot card envelopes on which no | ||||||
7 | precinct number or township, ward or
other election district | ||||||
8 | designation, or election date are preprinted, if
space and a | ||||||
9 | preprinted form are provided below the space provided for
the | ||||||
10 | names of write-in candidates where such information may be | ||||||
11 | entered
by the judges of election. Whenever an election | ||||||
12 | authority utilizes
ballot card envelopes on which the election | ||||||
13 | date and precinct is not
preprinted, a judge of election shall | ||||||
14 | mark such information for the
particular precinct and election | ||||||
15 | on the envelope in ink before tallying
and counting any | ||||||
16 | write-in vote written thereon.
If some method of insuring | ||||||
17 | ballot secrecy other than an envelope is used,
such | ||||||
18 | information must be provided on the ballot itself.
| ||||||
19 | (e) In the designation of the name of a candidate on the | ||||||
20 | ballot, the
candidate's given name or names, initial or | ||||||
21 | initials, a nickname by
which the candidate is commonly known, | ||||||
22 | or a combination thereof, may be
used in addition to the | ||||||
23 | candidate's surname. If a candidate has changed his or her | ||||||
24 | name, whether by a statutory or common law procedure in | ||||||
25 | Illinois or any other jurisdiction, within 3 years before the | ||||||
26 | last day for filing the petition for nomination, nomination |
| |||||||
| |||||||
1 | papers, or certificate of nomination for that office, | ||||||
2 | whichever is applicable, then (i) the candidate's name on the | ||||||
3 | ballot must be followed by "formerly known as (list all prior | ||||||
4 | names during the 3-year period) until name changed on (list | ||||||
5 | date of each such name change)" and (ii) the petition, papers, | ||||||
6 | or certificate must be accompanied by the candidate's | ||||||
7 | affidavit stating the candidate's previous names during the | ||||||
8 | period specified in (i) and the date or dates each of those | ||||||
9 | names was changed; failure to meet these requirements shall be | ||||||
10 | grounds for denying certification of the candidate's name for | ||||||
11 | the ballot or removing the candidate's name from the ballot, | ||||||
12 | as appropriate, but these requirements do not apply to name | ||||||
13 | changes resulting from adoption to assume an adoptive parent's | ||||||
14 | or parents' surname, marriage or civil union to assume a | ||||||
15 | spouse's surname, or dissolution of marriage or civil union or | ||||||
16 | declaration of invalidity of marriage or civil union to assume | ||||||
17 | a former surname or a name change that conforms the | ||||||
18 | candidate's name to his or her gender identity. No other | ||||||
19 | designation such
as a political slogan, title, or degree or | ||||||
20 | nickname suggesting or
implying possession of a
title, degree | ||||||
21 | or professional status, or similar information may be used
in | ||||||
22 | connection with the candidate's surname.
For purposes of this | ||||||
23 | Section, a "political slogan" is defined as any
word or words | ||||||
24 | expressing or connoting a position, opinion, or belief that | ||||||
25 | the
candidate may espouse, including , but not limited to, any | ||||||
26 | word or words
conveying any meaning other than that of the |
| |||||||
| |||||||
1 | personal identity of the
candidate. A
candidate may not use a | ||||||
2 | political slogan as part of his or her name on the
ballot, | ||||||
3 | notwithstanding that the political slogan may be part of the
| ||||||
4 | candidate's name.
| ||||||
5 | (f) The State Board of Elections, a local election | ||||||
6 | official, or an
election
authority shall remove any | ||||||
7 | candidate's name designation from a ballot that is
| ||||||
8 | inconsistent with subsection (e) of this Section. In addition, | ||||||
9 | the State Board
of Elections, a local election official, or an | ||||||
10 | election authority shall not
certify to any election authority | ||||||
11 | any candidate name designation that is
inconsistent with | ||||||
12 | subsection (e) of this Section.
| ||||||
13 | (g) If the State Board of Elections, a local election | ||||||
14 | official, or an
election
authority removes a candidate's name | ||||||
15 | designation from a ballot under
subsection (f) of this | ||||||
16 | Section, then the aggrieved candidate may seek
appropriate | ||||||
17 | relief in circuit court.
| ||||||
18 | Where voting machines or electronic voting systems are | ||||||
19 | used, the
provisions of this Section may be modified as | ||||||
20 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
21 | is applicable.
| ||||||
22 | Nothing in this Section shall prohibit election | ||||||
23 | authorities from using
or reusing ballot card envelopes which | ||||||
24 | were printed before January 1, 1986 ( the effective
date of | ||||||
25 | Public Act 84-820) this amendatory Act of 1985 .
| ||||||
26 | (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/16-4.2 new) | ||||||
2 | Sec. 16-4.2. Ranked-choice ballots. | ||||||
3 | (a) For an election for an office elected by ranked-choice | ||||||
4 | voting that has more than 2 choices, the ballot shall be laid | ||||||
5 | out to allow the voter to rank the candidates for an office in | ||||||
6 | order of preference. Space shall be provided for a voter to | ||||||
7 | include one write-in candidate if he or she desires. The | ||||||
8 | ballot shall be as simple and easy to understand as possible. | ||||||
9 | Any ballot laid out in such a manner shall be tallied in | ||||||
10 | accordance with Section 17-18.2 of this Code. | ||||||
11 | (b) All other requirements of this Article apply with | ||||||
12 | regards to ballots for offices elected by ranked-choice voting | ||||||
13 | to the extent that they do not contradict the provisions of | ||||||
14 | this amendatory Act of the 103rd General Assembly.
| ||||||
15 | (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
| ||||||
16 | Sec. 17-11. On receipt of his ballot the voter shall | ||||||
17 | forthwith, and
without leaving the inclosed space, retire | ||||||
18 | alone, or accompanied by children as provided in Section 17-8,
| ||||||
19 | to one of the voting
booths so provided and shall prepare his | ||||||
20 | ballot by making in the
appropriate margin or place a cross (X) | ||||||
21 | opposite the name of the
candidate of his choice for each | ||||||
22 | office to be filled, or by writing in
the name of the candidate | ||||||
23 | of his choice in a blank space on said ticket,
making a cross | ||||||
24 | (X) opposite thereto; and in case of a question submitted
to |
| |||||||
| |||||||
1 | the vote of the people, by making in the appropriate margin or | ||||||
2 | place
a cross (X) against the answer he desires to give. A | ||||||
3 | cross (X) in the
square in front of the bracket enclosing the | ||||||
4 | names of a team of
candidates for Governor and Lieutenant | ||||||
5 | Governor counts as one vote for
each of such candidates. | ||||||
6 | Before leaving the voting booth the voter shall fold
his
| ||||||
7 | ballot in such manner as to conceal the marks thereon. He shall | ||||||
8 | then
vote forthwith in the manner herein provided, except that | ||||||
9 | the number
corresponding to the number of the voter on the poll | ||||||
10 | books shall not be
indorsed on the back of his ballot. He shall | ||||||
11 | mark and deliver his ballot
without undue delay, and shall | ||||||
12 | quit said inclosed space as soon as he
has voted; except that | ||||||
13 | immediately after voting, the voter shall be instructed | ||||||
14 | whether the voting equipment, if used, accepted or rejected | ||||||
15 | the ballot or identified the ballot as under-voted for a | ||||||
16 | statewide constitutional office. A voter whose ballot is | ||||||
17 | identified as under-voted may return to the voting booth and | ||||||
18 | complete the voting of that ballot. A voter whose ballot is not | ||||||
19 | accepted by the voting equipment may, upon surrendering the | ||||||
20 | ballot, request and vote another ballot. The voter's | ||||||
21 | surrendered ballot shall be initialed by the election judge | ||||||
22 | and handled as provided in the appropriate Article governing | ||||||
23 | that voting equipment. | ||||||
24 | No voter shall be allowed to occupy a voting booth already
| ||||||
25 | occupied by another, nor remain within said inclosed space | ||||||
26 | more than ten
minutes, nor to occupy a voting booth more than |
| |||||||
| |||||||
1 | five minutes in case all
of said voting booths are in use and | ||||||
2 | other voters waiting to occupy the
same. No voter not an | ||||||
3 | election officer, shall, after having voted, be
allowed to | ||||||
4 | re-enter said inclosed space during said election. No person
| ||||||
5 | shall take or remove any ballot from the polling place before | ||||||
6 | the close
of the poll. No voter shall vote or offer to vote any | ||||||
7 | ballot except such
as he has received from the judges of | ||||||
8 | election in charge of the ballots.
Any voter who shall, by | ||||||
9 | accident or mistake, spoil his ballot, may, on
returning said | ||||||
10 | spoiled ballot, receive another in place thereof only after
| ||||||
11 | the word "spoiled" has been written in ink diagonally across | ||||||
12 | the entire
face of the ballot returned by the voter.
| ||||||
13 | Where voting machines or electronic voting systems are | ||||||
14 | used, the
provisions of this section may be modified as | ||||||
15 | required or authorized by
Article 24,
24A, 24B, or 24C, | ||||||
16 | whichever is applicable, except that the requirements of this | ||||||
17 | Section that (i) the voter must be notified of the voting | ||||||
18 | equipment's acceptance or rejection of the voter's ballot or | ||||||
19 | identification of an under-vote for a statewide constitutional | ||||||
20 | office and (ii) the voter shall have the opportunity to | ||||||
21 | correct an under-vote or surrender the ballot that was not | ||||||
22 | accepted and vote another ballot shall not be modified.
| ||||||
23 | Where a ranked-choice balloting is used for an office | ||||||
24 | elected by ranked-choice balloting, the voter may rank his or | ||||||
25 | her preferences for the candidates for that office. A voter | ||||||
26 | shall not be required to rank all candidates for that office. A |
| |||||||
| |||||||
1 | cross (X) for only one candidate shall be interpreted as a vote | ||||||
2 | of rank 1 for that particular candidate, with no other | ||||||
3 | candidate being ranked. Crosses (X) for 2 or more candidates | ||||||
4 | shall not count as votes for any candidate, and shall cause the | ||||||
5 | ballot to be identified as under-voted, subject to the | ||||||
6 | provisions for under-voted ballots under Section 18-5. | ||||||
7 | (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
| ||||||
8 | (10 ILCS 5/17-18) (from Ch. 46, par. 17-18)
| ||||||
9 | Sec. 17-18.
Immediately upon closing the polls the judges | ||||||
10 | shall
proceed to canvass the votes polled. They shall first | ||||||
11 | count the whole
number of ballots in the box. If 2 or more | ||||||
12 | ballots are folded together
so as to appear to have been cast | ||||||
13 | by the same person, all of the ballots
so folded together shall | ||||||
14 | be marked and returned with the other ballots
in the same | ||||||
15 | conditions, as near as may be, in which they were found when
| ||||||
16 | first opened, but shall not be counted. If the remaining | ||||||
17 | ballots shall
be found to exceed the number of applications | ||||||
18 | for
ballot, the ballots shall be replaced in the box, and the | ||||||
19 | box closed and
well shaken and again opened and one of the | ||||||
20 | judges shall publicly draw
out so many ballots unopened as | ||||||
21 | shall be equal to such excess; and the
number of the ballots | ||||||
22 | agreeing with the poll lists, or being made to
agree. Such | ||||||
23 | excess ballots shall be marked "Excess-Not Counted" and
signed | ||||||
24 | by a majority of the judges and shall be placed in the "After
| ||||||
25 | 6:00 p.m. Defective Ballots Envelope". The number of excess |
| |||||||
| |||||||
1 | ballots
shall be noted in the remarks section of the | ||||||
2 | Certificate of Results.
"Excess" ballots shall not be counted | ||||||
3 | in the total of "defective"
ballots.
| ||||||
4 | The judges shall then proceed to count and record the | ||||||
5 | votes; and
when the judges of election shall open and read the | ||||||
6 | ballots, 3 judges,
with at least one from each political party | ||||||
7 | from which the precinct
judges were chosen, shall carefully | ||||||
8 | and correctly mark down upon the
three tally sheets the vote | ||||||
9 | each candidate has received, in a separate
box prepared for | ||||||
10 | that purpose, with the name of such candidate at the
head of | ||||||
11 | such box, and the office designated by the votes such | ||||||
12 | candidate
shall fill. Whenever a proposition is submitted to | ||||||
13 | the electors at the
same election, the ballots for or against | ||||||
14 | such proposition shall always
be canvassed, counted or | ||||||
15 | tallied. The votes shall be canvassed in the
room or place | ||||||
16 | where the election is held, and the judges shall not allow
the | ||||||
17 | ballot box, or any of the ballots, or the applications for | ||||||
18 | ballot,
or any of the tally sheets to be removed or carried | ||||||
19 | away from such room
or place, until the canvass of the vote is | ||||||
20 | completed, and the returns
carefully enveloped and sealed up | ||||||
21 | as provided by law.
| ||||||
22 | Where voting machines or electronic voting systems are | ||||||
23 | used, the
provisions of this section may be modified as | ||||||
24 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
25 | is applicable.
| ||||||
26 | Where ranked-choice ballot tallying is used for an office |
| |||||||
| |||||||
1 | elected by ranked-choice voting, the provisions of this | ||||||
2 | Section may be modified as required or authorized by Section | ||||||
3 | 16-4.2 or Section 17-18.2 of this Code, whichever is | ||||||
4 | applicable. | ||||||
5 | (Source: P.A. 83-333.)
| ||||||
6 | (10 ILCS 5/17-18.2 new) | ||||||
7 | Sec. 17-18.2. Ranked-choice ballot tallying. | ||||||
8 | (a) As used in this Section, | ||||||
9 | "Batch elimination" means the simultaneous defeat of | ||||||
10 | multiple candidates for whom it is mathematically impossible | ||||||
11 | to be elected. | ||||||
12 | "Continuing ballot" means a ballot that is not an | ||||||
13 | exhausted ballot. | ||||||
14 | "Continuing candidate" means a candidate who has not been | ||||||
15 | defeated. | ||||||
16 | "Exhausted ballot" means a ballot that does not rank any | ||||||
17 | continuing candidate, contains an overvote at the highest | ||||||
18 | continuing ranking or contains 2 or more sequential skipped | ||||||
19 | rankings before its highest continuing ranking. | ||||||
20 | "Highest continuing ranking" means the highest ranking on | ||||||
21 | a voter's ballot for a continuing candidate. | ||||||
22 | "Last-place candidate" means the candidate with the fewest | ||||||
23 | votes in a round of the ranked-choice voting tallying. | ||||||
24 | "Mathematically impossible to be elected," with respect to | ||||||
25 | a candidate, means either: |
| |||||||
| |||||||
1 | (1) the candidate cannot be elected because the | ||||||
2 | candidate's vote total in a round of the ranked-choice | ||||||
3 | voting tabulation plus all votes that could possibly be | ||||||
4 | transferred to the candidate in future rounds from | ||||||
5 | candidates with fewer votes or an equal number of votes | ||||||
6 | would not be enough to surpass the candidate with the | ||||||
7 | next-higher vote total in the round; or | ||||||
8 | (2) the candidate has a lower vote total than a | ||||||
9 | candidate described in subparagraph (1) of this | ||||||
10 | definition. | ||||||
11 | "Overvote" means a circumstance in which a voter has | ||||||
12 | ranked more than one candidate at the same ranking. | ||||||
13 | "Round" means an instance of the sequence of voting | ||||||
14 | tabulation steps established in subsection (b) of this | ||||||
15 | Section. | ||||||
16 | "Skipped ranking" means a circumstance in which a voter | ||||||
17 | has left a ranking blank and ranks a candidate at a subsequent | ||||||
18 | ranking. | ||||||
19 | (b) Except as provided in subsections (c) and (d) of this | ||||||
20 | Section, the following procedures are used to determine the | ||||||
21 | winner in an election for an office elected by ranked-choice | ||||||
22 | voting. Tallying must proceed in rounds. In each round, the | ||||||
23 | number of votes for each continuing candidate must be counted. | ||||||
24 | Each continuing ballot counts as one vote for its | ||||||
25 | highest-ranked continuing candidate for that round. Exhausted | ||||||
26 | ballots are not counted for any continuing candidate. The |
| |||||||
| |||||||
1 | round then ends with one of the following 2 potential | ||||||
2 | outcomes: | ||||||
3 | (1) If there are 2 or fewer continuing candidates, the | ||||||
4 | candidate with the most votes is declared the winner of | ||||||
5 | the election. | ||||||
6 | (2) If there are more than 2 continuing candidates, | ||||||
7 | the last-place candidate is defeated and a new round | ||||||
8 | begins. | ||||||
9 | (c) A tie under this Section between candidates for the | ||||||
10 | most votes in the final round or
a tie between last-place | ||||||
11 | candidates in any round must be decided by lot, and the | ||||||
12 | candidate chosen by lot is defeated. The result of the tie | ||||||
13 | resolution must be recorded and reused in the event of a | ||||||
14 | recount. Election authorities may resolve prospective ties | ||||||
15 | between candidates before the election. | ||||||
16 | (d) Modification of a ranked-choice voting ballot and | ||||||
17 | tabulation is permitted in accordance with the following: | ||||||
18 | (1) The number of allowable rankings may be limited to | ||||||
19 | no fewer than 6. | ||||||
20 | (2) Two or more candidates may be defeated | ||||||
21 | simultaneously by batch elimination in any round of | ||||||
22 | tabulation. | ||||||
23 | (e) For all statutory and constitutional provisions in the | ||||||
24 | State pertaining to the rights of political parties, the | ||||||
25 | number of votes cast for a party's candidate for an office | ||||||
26 | elected by ranked-choice voting is the number of votes |
| |||||||
| |||||||
1 | credited to that candidate after the initial counting in the | ||||||
2 | first round described in subsection (b). | ||||||
3 | (f) The State Board of Elections may adopt rules to | ||||||
4 | implement the provisions of this Section.
| ||||||
5 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| ||||||
6 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
7 | found upon
the register of voters by the person having charge | ||||||
8 | thereof, shall then
be questioned by one of the judges as to | ||||||
9 | his nativity, his term of
residence at present address, | ||||||
10 | precinct, State and United States, his
age, whether | ||||||
11 | naturalized and if so the date of naturalization papers and
| ||||||
12 | court from which secured, and he shall be asked to state his | ||||||
13 | residence
when last previously registered and the date of the | ||||||
14 | election for which
he then registered. The judges of elections | ||||||
15 | shall check each application
for ballot against the list of | ||||||
16 | voters registered in that precinct to whom
grace period, vote | ||||||
17 | by mail, and early ballots have been issued for that election, | ||||||
18 | which shall
be provided
by the election authority and which | ||||||
19 | list shall be available for inspection
by pollwatchers. A | ||||||
20 | voter applying to vote in
the precinct on
election day whose | ||||||
21 | name appears on the list as having been issued a grace period, | ||||||
22 | vote by mail,
or early ballot shall not be permitted to vote in | ||||||
23 | the precinct, except that a voter to whom a vote by mail ballot | ||||||
24 | was issued may vote in the precinct if the voter submits to the | ||||||
25 | election judges that vote by mail ballot for cancellation. If |
| |||||||
| |||||||
1 | the voter is unable to submit the vote by mail ballot, it shall | ||||||
2 | be sufficient for the voter to submit to the election judges | ||||||
3 | (i) a portion of the vote by mail ballot if the vote by mail | ||||||
4 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
5 | before the election judges specifying that (A) the voter never | ||||||
6 | received a vote by mail ballot or (B) the voter completed and | ||||||
7 | returned a vote by mail ballot and was informed that the | ||||||
8 | election authority did not receive that vote by mail ballot.
| ||||||
9 | If such person
so registered shall be challenged as | ||||||
10 | disqualified, the party challenging
shall assign his reasons | ||||||
11 | therefor, and thereupon one of the judges shall
administer to | ||||||
12 | him an oath to answer questions, and if he shall take the
oath | ||||||
13 | he shall then be questioned by the judge or judges touching | ||||||
14 | such cause
of challenge, and touching any other cause of | ||||||
15 | disqualification. And he may
also be questioned by the person | ||||||
16 | challenging him in regard to his
qualifications and identity. | ||||||
17 | But if a majority of the judges are of the
opinion that he is | ||||||
18 | the person so registered and a qualified voter, his vote
shall | ||||||
19 | then be received accordingly. But if his vote be rejected by | ||||||
20 | such
judges, such person may afterward produce and deliver an | ||||||
21 | affidavit to such
judges, subscribed and sworn to by him | ||||||
22 | before one of the judges, in which
it shall be stated how long | ||||||
23 | he has resided in such precinct, and state;
that he is a | ||||||
24 | citizen of the United States, and is a duly qualified voter in
| ||||||
25 | such precinct, and that he is the identical person so | ||||||
26 | registered.
In addition to such an affidavit, the person so |
| |||||||
| |||||||
1 | challenged shall provide
to the judges of election proof of | ||||||
2 | residence by producing 2 forms of
identification showing the | ||||||
3 | person's current residence address, provided
that such | ||||||
4 | identification may include a lease or contract for a residence | ||||||
5 | and not more than one piece of mail addressed to the person at | ||||||
6 | his current residence address and
postmarked not earlier than | ||||||
7 | 30 days prior to the date of the
election, or the person shall | ||||||
8 | procure a witness personally known to the
judges of election, | ||||||
9 | and resident in the precinct (or district), or who
shall be | ||||||
10 | proved by some legal voter of such precinct or district, known | ||||||
11 | to
the judges to be such, who shall take the oath following, | ||||||
12 | viz:
| ||||||
13 | I do solemnly swear (or affirm) that I am a resident of | ||||||
14 | this election
precinct (or district), and entitled to vote at | ||||||
15 | this election, and that I
have been a resident of this State | ||||||
16 | for 30 days last past, and am well
acquainted with the person | ||||||
17 | whose vote is now offered; that he is an actual
and bona fide | ||||||
18 | resident of this election precinct (or district), and has
| ||||||
19 | resided herein 30 days, and as I verily believe, in this State, | ||||||
20 | 30 days
next preceding this election.
| ||||||
21 | The oath in each case may be administered by one of the | ||||||
22 | judges of
election, or by any officer, resident in the | ||||||
23 | precinct or district,
authorized by law to administer oaths. | ||||||
24 | Also supported by an affidavit by a
registered voter residing | ||||||
25 | in such precinct, stating his own residence, and
that he knows | ||||||
26 | such person; and that he does reside at the place mentioned
and |
| |||||||
| |||||||
1 | has resided in such precinct and state for the length of time | ||||||
2 | as stated
by such person, which shall be subscribed and sworn | ||||||
3 | to in the same way.
For purposes of this Section, the | ||||||
4 | submission of a photo identification issued by a college or | ||||||
5 | university, accompanied by either (i) a copy of the | ||||||
6 | applicant's contract or lease for a residence or (ii) one | ||||||
7 | piece of mail addressed to the person at his or her current | ||||||
8 | residence address and postmarked not earlier than 30 days | ||||||
9 | prior to the date of the election, shall be sufficient to | ||||||
10 | establish proof of residence. Whereupon the vote of such | ||||||
11 | person shall be received, and entered as other
votes. But such | ||||||
12 | judges, having charge of such registers, shall state in
their | ||||||
13 | respective books the facts in such case, and the affidavits, | ||||||
14 | so
delivered to the judges, shall be preserved and returned to | ||||||
15 | the office of
the commissioners of election. Blank affidavits | ||||||
16 | of the character aforesaid
shall be sent out to the judges of | ||||||
17 | all the precincts, and the judges of
election shall furnish | ||||||
18 | the same on demand and administer the oaths without
criticism. | ||||||
19 | Such oaths, if administered by any other officer than such | ||||||
20 | judge
of election, shall not be received. Whenever a proposal | ||||||
21 | for a
constitutional amendment or for the calling of a | ||||||
22 | constitutional convention
is to be voted upon at the election, | ||||||
23 | the separate blue ballot or ballots
pertaining thereto shall | ||||||
24 | be placed on top of the other ballots to be voted
at the | ||||||
25 | election in such manner that the legend appearing on the back
| ||||||
26 | thereof, as prescribed in Section 16-6 of this Act, shall be |
| |||||||
| |||||||
1 | plainly
visible to the voter, and in this fashion the ballots | ||||||
2 | shall be handed to
the voter by the judge.
| ||||||
3 | Immediately after voting, the voter shall be instructed | ||||||
4 | whether the voting equipment, if used, accepted or rejected | ||||||
5 | the ballot or identified the ballot as under-voted. A voter | ||||||
6 | whose ballot is identified as under-voted for an office | ||||||
7 | elected by ranked-choice voting a statewide constitutional | ||||||
8 | office may return to the voting booth and complete the voting | ||||||
9 | of that ballot. A voter whose ballot is not accepted by the | ||||||
10 | voting equipment may, upon surrendering the ballot, request | ||||||
11 | and vote another ballot. If a ballot for an office elected by | ||||||
12 | ranked-choice voting is considered under-voted because the | ||||||
13 | ballot has crosses (X) for 2 or more candidates, the voter may, | ||||||
14 | upon surrendering the ballot, request and vote upon another | ||||||
15 | ballot. The voter's surrendered ballot shall be initialed by | ||||||
16 | the election judge and handled as provided in the appropriate | ||||||
17 | Article governing that voting equipment. | ||||||
18 | The voter shall, upon quitting the voting booth, deliver | ||||||
19 | to one of
the judges of election all of the ballots, properly | ||||||
20 | folded, which he
received. The judge of election to whom the | ||||||
21 | voter delivers his ballots
shall not accept the same unless | ||||||
22 | all of the ballots given to the voter
are returned by him. If a | ||||||
23 | voter delivers less than all of the ballots
given to him, the | ||||||
24 | judge to whom the same are offered shall advise him in
a voice | ||||||
25 | clearly audible to the other judges of election that the voter
| ||||||
26 | must return the remainder of the ballots. The statement of the |
| |||||||
| |||||||
1 | judge to
the voter shall clearly express the fact that the | ||||||
2 | voter is not required
to vote such remaining ballots but that | ||||||
3 | whether or not he votes them he
must fold and deliver them to | ||||||
4 | the judge. In making such statement the
judge of election | ||||||
5 | shall not indicate by word, gesture or intonation of
voice | ||||||
6 | that the unreturned ballots shall be voted in any particular
| ||||||
7 | manner. No new voter shall be permitted to enter the voting | ||||||
8 | booth of a
voter who has failed to deliver the total number of | ||||||
9 | ballots received by
him until such voter has returned to the | ||||||
10 | voting booth pursuant to the
judge's request and again quit | ||||||
11 | the booth with all of the ballots
required to be returned by | ||||||
12 | him. Upon receipt of all such ballots the
judges of election | ||||||
13 | shall enter the name of the voter, and his number, as
above | ||||||
14 | provided in this Section, and the judge to whom the ballots are
| ||||||
15 | delivered shall immediately put the ballots into the ballot | ||||||
16 | box. If any
voter who has failed to deliver all the ballots | ||||||
17 | received by him refuses
to return to the voting booth after | ||||||
18 | being advised by the judge of
election as herein provided, the | ||||||
19 | judge shall inform the other judges of
such refusal, and | ||||||
20 | thereupon the ballot or ballots returned to the judge
shall be | ||||||
21 | deposited in the ballot box, the voter shall be permitted to
| ||||||
22 | depart from the polling place, and a new voter shall be | ||||||
23 | permitted to
enter the voting booth.
| ||||||
24 | The judge of election who receives the ballot or ballots | ||||||
25 | from the
voter shall announce the residence and name of such | ||||||
26 | voter in a loud
voice. The judge shall put the ballot or |
| |||||||
| |||||||
1 | ballots received from the voter
into the ballot box in the | ||||||
2 | presence of the voter and the judges of
election, and in plain | ||||||
3 | view of the public. The judges having charge of
such registers | ||||||
4 | shall then, in a column prepared thereon, in the same
line of, | ||||||
5 | the name of the voter, mark "Voted" or the letter "V".
| ||||||
6 | No judge of election shall accept from any voter less than | ||||||
7 | the full
number of ballots received by such voter without | ||||||
8 | first advising the
voter in the manner above provided of the | ||||||
9 | necessity of returning all of
the ballots, nor shall any such | ||||||
10 | judge advise such voter in a manner
contrary to that which is | ||||||
11 | herein permitted, or in any other manner
violate the | ||||||
12 | provisions of this Section; provided, that the acceptance by
a | ||||||
13 | judge of election of less than the full number of ballots | ||||||
14 | delivered to
a voter who refuses to return to the voting booth | ||||||
15 | after being properly
advised by such judge shall not be a | ||||||
16 | violation of this Section.
| ||||||
17 | Where ranked-choice ballot tallying is used for an office | ||||||
18 | elected by ranked-choice voting, the voter may rank his or her | ||||||
19 | preferences for the candidates for that office. A voter shall | ||||||
20 | not be required to rank all candidates for that office. A cross | ||||||
21 | (X) for only one candidate shall be interpreted as a vote of | ||||||
22 | rank 1 for that particular candidate, with no other candidate | ||||||
23 | being ranked. Crosses (X) for 2 or more candidates shall not | ||||||
24 | count as votes for any candidate, and shall cause the ballot to | ||||||
25 | be identified as under-voted, shall be subject to the | ||||||
26 | provisions for under-voted ballots in this Section. |
| |||||||
| |||||||
1 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
2 | (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
| ||||||
3 | Sec. 18-9.
The judges of election shall first count the | ||||||
4 | whole number
of ballots in the box. If the ballots shall be | ||||||
5 | found to exceed the
number of applications for ballot, they | ||||||
6 | shall reject the ballots, if
any, found folded inside of a | ||||||
7 | ballot. And if the ballots and the
applications for ballot | ||||||
8 | still do not agree after such rejection, the
ballots shall be | ||||||
9 | replaced in the box and the box closed and well shaken,
and | ||||||
10 | again opened; and one of the judges shall publicly draw out so | ||||||
11 | many
ballots unopened as shall be equal to such excess. Such | ||||||
12 | excess ballots
shall be marked "Excess-Not Counted" and signed | ||||||
13 | by a majority of judges
and shall be placed in the "After 6:00 | ||||||
14 | p.m. Defective Ballots Envelope".
The number of excess ballots | ||||||
15 | shall be noted in the remarks section of
the Certificate of | ||||||
16 | Results. "Excess" ballots shall not
be counted in the total of | ||||||
17 | "defective" ballots. And the ballots and
applications for | ||||||
18 | ballot being made to agree in this way, the judges
shall | ||||||
19 | proceed to count the votes in the following manner: The judges
| ||||||
20 | shall open the ballots and place those which contain the same | ||||||
21 | names
together, so that the several kinds shall be in separate | ||||||
22 | piles or on
separate files. Each of the judges shall examine | ||||||
23 | the separate files
which are, or are supposed to be, alike, and | ||||||
24 | exclude from such files any
which may have a name or an | ||||||
25 | erasure, or in any manner shall be different
from the others of |
| |||||||
| |||||||
1 | such file. One of the judges shall then take one file
of the | ||||||
2 | kind of ballots which contain the same names, and count them by
| ||||||
3 | tens, carefully examining each name on each of the ballots. | ||||||
4 | Such judge
shall then pass the ten ballots aforesaid to the | ||||||
5 | judge sitting next to
him, who shall count them in the same | ||||||
6 | manner, who shall then pass them
to a third judge, who shall | ||||||
7 | also count them in the same manner. Then the
third judge shall | ||||||
8 | call the names of the persons named in the ten
ballots, and the | ||||||
9 | offices for which they are designated, and 2 of the
judges, who | ||||||
10 | did not assist in the counting shall tally ten votes for
each | ||||||
11 | of such persons, except as herein otherwise provided. When the
| ||||||
12 | judges shall have gone through such file of ballots, | ||||||
13 | containing the same
names, and shall count them by tens in the | ||||||
14 | same way, and shall call the
names of the persons named in the | ||||||
15 | ballots and the office for which they
are designated, the | ||||||
16 | tally judges shall tally the votes by tens for each
of such | ||||||
17 | persons in the same manner as in the first instance. When the
| ||||||
18 | counting of each file of ballots which contain the same names | ||||||
19 | shall be
completed, the tally judges shall compare their | ||||||
20 | tallies together and
ascertain the total number of ballots of | ||||||
21 | that kind so canvassed; and
when they agree upon the number, | ||||||
22 | one of them shall announce it in a loud
voice to the other | ||||||
23 | judges. The judges shall then canvass the other kinds
of | ||||||
24 | ballots which do not correspond, those containing names partly | ||||||
25 | from
one kind of ballots and partly from another, being those | ||||||
26 | from which the
name of the person proper to be voted for on |
| |||||||
| |||||||
1 | such ballots has been
omitted or erased, usually called | ||||||
2 | "scratched tickets". They shall be
canvassed separately by one | ||||||
3 | of the judges sitting between 2 other
judges, which judge | ||||||
4 | shall call each name to the tally judges and the
office for | ||||||
5 | which it is designated, and the other judges looking at the
| ||||||
6 | ballot at the same time, and the tally judges making tally of | ||||||
7 | the same.
When all the ballots have been canvassed in this | ||||||
8 | manner, the tally
judges shall compare their tallies together, | ||||||
9 | and ascertain the total
number of votes received by each | ||||||
10 | candidate and when they agree upon the
numbers one of them | ||||||
11 | shall announce in a loud voice to the judges the
number of | ||||||
12 | votes received by each candidate on each of the kinds of
| ||||||
13 | ballots containing his name, the number received by him on
| ||||||
14 | scratch tickets, and the total number of votes received by | ||||||
15 | him.
| ||||||
16 | The votes for the offices of Governor and Lieutenant | ||||||
17 | Governor shall
be counted and tallied jointly.
| ||||||
18 | Where voting machines or electronic voting systems are | ||||||
19 | used, the
provisions of this section may be modified as | ||||||
20 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
21 | is applicable.
| ||||||
22 | Where ranked-choice ballot tallying is used for an office | ||||||
23 | elected by ranked-choice voting, the provisions of this | ||||||
24 | Section may be modified as required or authorized by Section | ||||||
25 | 16-4.2 of this Code and the judges shall abide by Section | ||||||
26 | 17-18.2 of this Code, as applicable. |
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1 | (Source: P.A. 89-700, eff. 1-17-97.)
|