Bill Text: IL HB3749 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Amends the Ballots Article of the Election Code. Provides that the governing body of a municipality may adopt, upon submission of a written statement by the municipality's election authority attesting to the administrative ability of the election authority to administer an election using a ranked ballot to the municipality's governing body, an ordinance requiring a ranked vote by mail ballot for municipal and township office candidates to be voted on in the consolidated election or consolidated primary election (rather than only the consolidated election). Provides that the governing body of a municipality may adopt an ordinance allowing any qualified voter to use a ranked vote by mail ballot for any municipal and township election. Sets forth provisions concerning ranked ballots for nonpartisan primary elections. Removes language providing that a ranked ballot shall only be for use by a qualified voter who either is a member of the United States military or will be outside of the United States on the consolidated primary election day and the consolidated election day.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3749 Detail]

Download: Illinois-2023-HB3749-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3749 Introduced , by Rep. Kam Buckner SYNOPSIS AS INTRODUCED:
10 ILCS 5/16-5.01 from Ch. 46, par. 16-5.01
10 ILCS 5/16-5.02 new
Amends the Ballots Article of the Election Code. Provides that the governing body of a municipality may adopt, upon submission of a written statement by the municipality's election authority attesting to the administrative ability of the election authority to administer an election using a ranked ballot to the municipality's governing body, an ordinance requiring a ranked vote by mail ballot for municipal and township office candidates to be voted on in the consolidated election or consolidated primary election (rather than only the consolidated election). Provides that the governing body of a municipality may adopt an ordinance allowing any qualified voter to use a ranked vote by mail ballot for any municipal and township election. Sets forth provisions concerning ranked ballots for nonpartisan primary elections. Removes language providing that a ranked ballot shall only be for use by a qualified voter who either is a member of the United States military or will be outside of the United States on the consolidated primary election day and the consolidated election day.
LRB103 29708 BMS 56113 b
A BILL FOR
HB3749 LRB103 29708 BMS 56113 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Section 16-5.01 and by adding Section 16-5.02 as follows:
(10 ILCS 5/16-5.01) (from Ch. 46, par. 16-5.01)
Sec. 16-5.01. (a) Except as otherwise provided in this
Code, the election authority shall, at least 46 days prior to
the date of any election at which federal officers are elected
and 45 days prior to any other regular election, have a
sufficient number of ballots printed so that such ballots will
be available for mailing 45 days prior to the date of the
election to persons who have filed application for a ballot
under the provisions of Article 20 of this Code Act.
(b) If at any election at which federal offices are
elected or nominated the election authority is unable to
comply with the provisions of subsection (a), the election
authority shall mail to each such person, in lieu of the
ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.
The Special Write-in Vote by Mail Voter's Blank Ballot shall
be used at all elections at which federal officers are elected
or nominated and shall be prepared by the election authority
in substantially the following form:

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Special Write-in Vote by Mail Voter's Blank Ballot
(To vote for a person, write the title of the office and
his or her name on the lines provided. Place to the left of and
opposite the title of office a square and place a cross (X) in
the square.)
Title of Office Name of Candidate
( )
( )
( )
( )
( )
( )
The election authority shall send with the Special
Write-in Vote by Mail Voter's Blank Ballot a list of all
referenda for which the voter is qualified to vote and all
candidates for whom nomination papers have been filed and for
whom the voter is qualified to vote. The voter shall be
entitled to write in the name of any candidate seeking
election and any referenda for which he or she is entitled to
vote.
On the back or outside of the ballot, so as to appear when
folded, shall be printed the words "Official Ballot", the date
of the election and a facsimile of the signature of the
election authority who has caused the ballot to be printed.
The provisions of Article 20, insofar as they may be
applicable to the Special Write-in Vote by Mail Voter's Blank

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Ballot, shall be applicable herein.
(c) Notwithstanding any provision of this Code or other
law to the contrary, the governing body of a municipality may
adopt, upon submission of a written statement by the
municipality's election authority attesting to the
administrative ability of the election authority to administer
an election using a ranked ballot to the municipality's
governing body, an ordinance requiring, and that
municipality's election authority shall prepare, a ranked vote
by mail ballot for municipal and township office candidates to
be voted on in the consolidated election or consolidated
primary election. This ranked ballot shall be for use only by a
qualified voter who either is a member of the United States
military or will be outside of the United States on the
consolidated primary election day and the consolidated
election day. The governing body of a municipality may adopt
an ordinance allowing any qualified voter to use a ranked vote
by mail ballot for any municipal and township election. The
ranked ballot shall contain a list of the titles of all
municipal and township offices potentially contested at both
the consolidated primary election and the consolidated
election and the candidates for each office and shall permit
the elector to vote in the consolidated election by indicating
his or her order of preference for each candidate for each
office. To indicate his or her order of preference for each
candidate for each office, the voter shall put the number one

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next to the name of the candidate who is the voter's first
choice, the number 2 for his or her second choice, and so forth
so that, in consecutive numerical order, a number indicating
the voter's preference is written by the voter next to each
candidate's name on the ranked ballot. The voter shall not be
required to indicate his or her preference for more than one
candidate on the ranked ballot. The voter may not cast a
write-in vote using the ranked ballot for the consolidated
election. The election authority shall, if using the ranked
vote by mail ballot authorized by this subsection, also
prepare instructions for use of the ranked ballot. The ranked
ballot for the consolidated election shall be mailed to the
voter at the same time that the ballot for the consolidated
primary election is mailed to the voter and the election
authority shall accept the completed ranked ballot for the
consolidated election when the authority accepts the completed
ballot for the consolidated primary election.
The voter shall also be sent a vote by mail ballot for the
consolidated election for those races that are not related to
the results of the consolidated primary election as soon as
the consolidated election ballot is certified.
The State Board of Elections shall adopt rules for
election authorities for the implementation of this
subsection, including, but not limited to, the application for
and counting of ranked ballots.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

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(10 ILCS 5/16-5.02 new)
Sec. 16-5.02. Ranked ballot; nonpartisan primary
elections.
(a) The State Board of Elections is authorized to adopt
rules mandating all election authorities to conduct all State,
local, and federal primary elections, excluding the
presidential primary, utilizing a ranked ballot method.
(b) This Section only applies if more than 2 candidates
have been nominated for an office.
(c) All qualified voters shall be permitted to vote for
the candidate of their choice in a primary election regardless
of the voter's political party affiliation.
(d) Any person who meets the primary election
qualifications may petition as a candidate in a primary
election as a member of the political party in which the
candidate is registered.
(e) All candidates shall be listed on a single primary
ballot. The ballot shall clearly designate the party in which
each candidate is registered. The top 2 candidates as
determined by the ranked ballot method shall advance to the
general election regardless of political party affiliation.
The winner of the election shall be the candidate that
receives the greatest number of votes cast in the general
election.
(f) For offices subject to the ranked ballot method, the

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ballot shall be simple and easy to understand and allow a voter
to rank candidates for an office based on preference.
(g) Instructions on the ballot shall conform substantially
to the following specifications:
"Vote for candidates by indicating your first-choice
candidates in order of preference. Indicate your first
choice by marking the number "1" beside a candidate's
name, your second choice by marking the number "2" beside
a candidate's name, your third choice by marking a number
"3" beside a candidate's name, and so on in ascending
numerical order.
You may choose to rank only one candidate, but ranking
additional candidates will not hurt the chances of your
first-choice candidate. You may not rank more than 5
candidates. Do not mark the same number beside more than
one candidate. Do not skip numbers."
(h) A sample ballot for an office subject to the ranked
ballot method shall illustrate the voting procedure for the
ranked ballot method. A sample ballot shall be included with
each absentee ballot.
(i) The State Board of Elections shall conduct a voter
education campaign on the ranked ballot system to familiarize
voters with the ballot design, method of voting, and
advantages of determining a majority winner in a single
election.