Bill Text: IL SB0315 | 2023-2024 | 103rd General Assembly | Introduced
Bill Title: Creates the Ranked Choice Voting Article in the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, State Treasurer, Judge of the Supreme, Appellate, and Circuit Court, United States Representative, United States Senator, and President of the United States shall be elected by ranked choice voting. Allows the voter to rank the candidates for an office in order of preference. Provides that elections in which ranked choice voting is used with other methods, if possible, the same ballot must be used for all offices being voted on, with the different methods of voting clearly separated on the ballot. Provides tabulation procedures for first ranked choices and any subsequent rounds of voting required. Provides that if 2 or more candidates are tied and tabulation cannot continue until the candidate with the fewest votes is defeated, provides for the defeated candidate to be chosen by lot. Allows an election authority to resolve prospective ties between candidates before the election. Allows an election authority to modify the tabulation of ranked choice voting to include batch elimination. Provides that for elections using ranked choice voting, precinct returns must include the number of votes in the first ranking for each candidate. Allows the State Board of Elections and election authorities to modify the processes for precinct returns to allow for compliance with the provisions. Provides the State Board of Elections rulemaking authority to implement the provisions of the Article. Makes other and conforming changes throughout the Code.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Failed) 2025-01-07 - Session Sine Die [SB0315 Detail]
Download: Illinois-2023-SB0315-Introduced.html
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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, 7-46, 7-52, 7-53, 7-56, 7-59, 16-3, 17-11, | |||||||||||||||||||
6 | 17-18, 18-5, 18-9, 21-2, and 22-7 and by adding Article 22A as | |||||||||||||||||||
7 | follows:
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8 | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
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9 | Sec. 1-3. As used in this Act, unless the context | |||||||||||||||||||
10 | otherwise requires:
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11 | 1. "Election" includes the submission of all questions of | |||||||||||||||||||
12 | public
policy, propositions, and all measures submitted to | |||||||||||||||||||
13 | popular vote, and
includes primary elections when so indicated | |||||||||||||||||||
14 | by the context.
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15 | 2. "Regular election" means the general, general primary,
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16 | consolidated and consolidated primary elections regularly | |||||||||||||||||||
17 | scheduled in Article
2A. The even numbered year municipal | |||||||||||||||||||
18 | primary established in Article 2A is
a regular election only | |||||||||||||||||||
19 | with respect to those municipalities in which a
primary is | |||||||||||||||||||
20 | required to be held on such date.
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21 | 3. "Special election" means an election not regularly | |||||||||||||||||||
22 | recurring at fixed
intervals, irrespective of whether it is | |||||||||||||||||||
23 | held at the same time and place and by
the same election |
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1 | officers as a regular election.
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2 | 4. "General election" means the biennial election at which | ||||||
3 | members of
the General Assembly are elected. "General primary | ||||||
4 | election", "consolidated election" and "consolidated primary | ||||||
5 | election" mean
the respective elections or the election dates | ||||||
6 | designated and established
in Article 2A of this Code.
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7 | 5. "Municipal election" means an election or primary, | ||||||
8 | either regular
or special, in cities, villages, and | ||||||
9 | incorporated towns; and "municipality"
means any such city, | ||||||
10 | village or incorporated town.
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11 | 6. "Political or governmental subdivision" means any unit | ||||||
12 | of local
government, or school district in which elections are | ||||||
13 | or may be held.
"Political or governmental subdivision" also | ||||||
14 | includes, for election purposes,
Regional Boards of School | ||||||
15 | Trustees, and Township Boards of School Trustees.
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16 | 7. The word "township" and the word "town" shall apply
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17 | interchangeably to the type of governmental organization | ||||||
18 | established in
accordance with the provisions of the Township | ||||||
19 | Code. The term
"incorporated town" shall mean a municipality | ||||||
20 | referred to as an
incorporated town in the Illinois Municipal | ||||||
21 | Code, as now or hereafter
amended.
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22 | 8. "Election authority" means a county clerk or a Board of | ||||||
23 | Election
Commissioners.
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24 | 9. "Election Jurisdiction" means (a) an entire county, in | ||||||
25 | the case of
a county in which no city board of election | ||||||
26 | commissioners is located or
which is under the jurisdiction of |
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1 | a county board of election commissioners;
(b) the territorial | ||||||
2 | jurisdiction of a city board of election commissioners;
and | ||||||
3 | (c) the territory in a county outside of the jurisdiction of a | ||||||
4 | city
board of election commissioners. In each instance | ||||||
5 | election jurisdiction
shall be determined according to which | ||||||
6 | election authority maintains the
permanent registration | ||||||
7 | records of qualified electors.
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8 | 10. "Local election official" means the clerk or secretary | ||||||
9 | of a unit
of local government or school district, as the case | ||||||
10 | may be, the treasurer
of a township board of school trustees, | ||||||
11 | and the regional superintendent
of schools with respect to the | ||||||
12 | various school officer elections and school
referenda for | ||||||
13 | which the regional superintendent is assigned election duties
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14 | by The School Code, as now or hereafter amended.
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15 | 11. "Judges of election", "primary judges" and similar | ||||||
16 | terms, as
applied to cases where there are 2 sets of judges, | ||||||
17 | when used in
connection with duties at an election during the | ||||||
18 | hours the polls are
open, refer to the team of judges of | ||||||
19 | election on duty during such hours;
and, when used with | ||||||
20 | reference to duties after the closing of the polls,
refer to | ||||||
21 | the team of tally judges designated to count the vote after the
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22 | closing of the polls and the holdover judges designated | ||||||
23 | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | ||||||
24 | after the closing of the
polls, any act is required to be | ||||||
25 | performed by each of the judges of
election, it shall be | ||||||
26 | performed by each of the tally judges and by each
of the |
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1 | holdover judges.
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2 | 12. "Petition" of candidacy as used in Sections 7-10 and | ||||||
3 | 7-10.1
shall consist of a statement of candidacy, candidate's | ||||||
4 | statement
containing oath, and sheets containing signatures of | ||||||
5 | qualified primary
electors bound together.
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6 | 13. "Election district" and "precinct", when used with | ||||||
7 | reference to
a 30-day residence requirement, means the | ||||||
8 | smallest constituent territory
in which electors vote as a | ||||||
9 | unit at the same polling place in any
election governed by this | ||||||
10 | Act.
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11 | 14. "District" means any area which votes as a unit for the | ||||||
12 | election of
any officer, other than the State or a unit of | ||||||
13 | local government or school
district, and includes, but is not | ||||||
14 | limited to, legislative, congressional
and judicial districts, | ||||||
15 | judicial circuits, county board districts,
municipal and | ||||||
16 | sanitary district wards, school board districts, and | ||||||
17 | precincts.
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18 | 15. "Question of public policy" or "public question"
means | ||||||
19 | any question, proposition or measure submitted to the voters | ||||||
20 | at an
election dealing with subject matter other than the | ||||||
21 | nomination or election
of candidates and shall include, but is | ||||||
22 | not limited to, any bond or tax
referendum, and questions | ||||||
23 | relating to the Constitution.
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24 | 16. "Ordinance providing the form of government of a | ||||||
25 | municipality
or county pursuant to Article VII of the | ||||||
26 | Constitution" includes ordinances,
resolutions and petitions |
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1 | adopted by referendum which provide for the form
of | ||||||
2 | government, the officers or the manner of selection or terms | ||||||
3 | of office
of officers of such municipality or county, pursuant | ||||||
4 | to the provisions of
Sections 4, 6 or 7 of Article VII of the | ||||||
5 | Constitution.
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6 | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | ||||||
7 | 6-60, and 6-66
shall include a computer tape or computer disc | ||||||
8 | or other electronic data
processing information containing | ||||||
9 | voter information.
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10 | 18. "Accessible" means accessible to persons with | ||||||
11 | disabilities and elderly
individuals for the purpose of voting | ||||||
12 | or registration, as determined by
rule of the State Board of | ||||||
13 | Elections.
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14 | 19. "Elderly" means 65 years of age or older.
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15 | 20. "Person with a disability" means a person having a | ||||||
16 | temporary or permanent physical disability.
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17 | 21. "Leading political party" means one of the two | ||||||
18 | political parties
whose candidates for governor at the most | ||||||
19 | recent three gubernatorial
elections received either the | ||||||
20 | highest or second highest average number of
votes. The | ||||||
21 | political party whose candidates for governor received the
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22 | highest average number of votes shall be known as the first | ||||||
23 | leading
political party and the political party whose | ||||||
24 | candidates for governor
received the second highest average | ||||||
25 | number of votes shall be known as the
second leading political | ||||||
26 | party.
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1 | 22. "Business day" means any day in which the office of an | ||||||
2 | election
authority, local election official or the State Board | ||||||
3 | of Elections is open
to the public for a minimum of 7 hours.
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4 | 23. "Homeless individual" means any person who has a | ||||||
5 | nontraditional
residence, including, but not limited to, a | ||||||
6 | shelter, day shelter, park
bench, street corner, or space | ||||||
7 | under a bridge.
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8 | 24. "Signature" means a name signed in ink or in digitized | ||||||
9 | form. This definition does not apply to a nominating or | ||||||
10 | candidate petition or a referendum petition. | ||||||
11 | 25. "Intelligent mail barcode tracking system" means a | ||||||
12 | printed trackable barcode attached to the return business | ||||||
13 | reply envelope for mail-in ballots under Article 19 or Article | ||||||
14 | 20 that allows an election authority to determine the date the | ||||||
15 | envelope was mailed in absence of a postmark. | ||||||
16 | 26. "Office elected by ranked choice voting" means any of | ||||||
17 | the following offices: member of the General Assembly, | ||||||
18 | Governor, Lieutenant Governor, Attorney General, Secretary of | ||||||
19 | State, Comptroller, State Treasurer, Judges of the Supreme, | ||||||
20 | Appellate, and Circuit Courts, United States Representative, | ||||||
21 | United States Senator, and President of the United States. | ||||||
22 | These offices shall be elected by ranked choice voting during | ||||||
23 | a general or special election, and during a primary, | ||||||
24 | consolidated primary, or similar election. Presidential | ||||||
25 | preference primaries shall also be conducted by ranked choice | ||||||
26 | voting. |
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1 | (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
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2 | (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
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3 | Sec. 7-46.
On receiving from the primary judges a primary | ||||||
4 | ballot of his
party, the primary elector shall forthwith and | ||||||
5 | without leaving the polling
place, retire alone to one of the | ||||||
6 | voting booths and prepare such primary
ballot by marking a | ||||||
7 | cross (X) in the square in front of and opposite the
name of | ||||||
8 | each candidate of his choice for each office to be filled, and | ||||||
9 | for
delegates and alternate delegates to national nominating | ||||||
10 | conventions, and
for committeepersons, if committeepersons are | ||||||
11 | being elected at such primary. A cross (X) in the square in | ||||||
12 | front of the bracket enclosing the names of a team of | ||||||
13 | candidates for Governor and Lieutenant Governor counts as one | ||||||
14 | vote for each of those candidates.
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15 | Any primary elector may, instead of voting for any | ||||||
16 | candidate for
nomination or for committeeperson or for | ||||||
17 | delegate or alternate delegate to
national nominating | ||||||
18 | conventions, whose name is printed on the primary
ballot, | ||||||
19 | write in the name of any other person affiliated with such | ||||||
20 | party as
a candidate for the nomination for any office, or for | ||||||
21 | committeeperson, or for
delegates or alternate delegates to | ||||||
22 | national nominating conventions, and
indicate his choice of | ||||||
23 | such candidate or committeeperson or delegate or
alternate | ||||||
24 | delegate, by placing to the left of and opposite the name thus
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25 | written a square and placing in the square a cross (X). A |
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1 | primary elector, however, may not by this method vote | ||||||
2 | separately for Governor and Lieutenant Governor but must write | ||||||
3 | in the names of candidates of his or her choice for both | ||||||
4 | offices and indicate his or her choice of those names by | ||||||
5 | placing a single square to the left of those names and placing | ||||||
6 | in that square a cross (X).
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7 | Where voting machines or electronic voting systems are | ||||||
8 | used, the
provisions of this section may be modified as | ||||||
9 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
10 | is applicable.
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11 | For an office elected by ranked choice voting, the | ||||||
12 | provisions of this Section may be modified as required or | ||||||
13 | authorized by Article 22A. | ||||||
14 | (Source: P.A. 100-1027, eff. 1-1-19 .)
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15 | (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
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16 | Sec. 7-52.
Immediately upon closing the polls, the primary | ||||||
17 | judges
shall proceed to canvass the votes in the manner | ||||||
18 | following:
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19 | (1) They shall separate and count the ballots of each | ||||||
20 | political
party.
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21 | (2) They shall then proceed to ascertain the number of | ||||||
22 | names entered
on the applications for
ballot under each | ||||||
23 | party
affiliation.
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24 | (3) If the primary ballots of any political party | ||||||
25 | exceed
the number of applications for ballot by
voters of |
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1 | such political party, the primary ballots of such
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2 | political party shall be folded and replaced in the ballot | ||||||
3 | box, the box
closed, well shaken and again opened and one | ||||||
4 | of the primary judges, who
shall be blindfolded, shall | ||||||
5 | draw out so many of the primary
ballots of such political | ||||||
6 | party as shall be equal to such excess. Such
excess | ||||||
7 | ballots shall be marked "Excess-Not Counted" and signed by | ||||||
8 | a majority
of the judges and
shall be placed in the "After | ||||||
9 | 6:00 p.m. Defective Ballots Envelope".
The number of | ||||||
10 | excess ballots shall be noted in the remarks section of | ||||||
11 | the Certificate
of Results. "Excess" ballots shall not be | ||||||
12 | counted in the total of "defective"
ballots.
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13 | (4) The primary judges shall then proceed to count the
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14 | primary ballots of each political party separately; and as | ||||||
15 | the primary judges
shall open and read the primary | ||||||
16 | ballots, 3 of the judges shall carefully
and correctly | ||||||
17 | mark upon separate tally sheets the votes which each
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18 | candidate of the party whose name is written or printed on | ||||||
19 | the primary
ballot has received, in a separate column for | ||||||
20 | that purpose, with the
name of such candidate, the name of | ||||||
21 | his political party and the name of
the office for which he | ||||||
22 | is a candidate for nomination at the head of
such column. | ||||||
23 | The same column, however, shall be used for both names of | ||||||
24 | the same team of candidates for Governor and Lieutenant | ||||||
25 | Governor.
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26 | Where voting machines or electronic voting systems are |
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1 | used, the
provisions of this Section may be modified as | ||||||
2 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
3 | is applicable.
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4 | For an office elected by ranked choice voting, the | ||||||
5 | provisions of this Section may be modified as required or | ||||||
6 | authorized by Article 22A. | ||||||
7 | (Source: P.A. 96-1018, eff. 1-1-11; 97-333, eff. 8-12-11.)
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8 | (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
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9 | Sec. 7-53.
As soon as the ballots of a political party | ||||||
10 | shall have
been read and the votes of the political party | ||||||
11 | counted, as provided in
the last above section, the 3 judges in | ||||||
12 | charge of the tally sheets shall
foot up the tally sheets so as | ||||||
13 | to show the total number of votes cast
for each candidate of | ||||||
14 | the political party and for each candidate for
State Central | ||||||
15 | committeeperson and precinct committeeperson, township | ||||||
16 | committeeperson
or ward committeeperson, and delegate and | ||||||
17 | alternate delegate
to National nominating conventions, and | ||||||
18 | certify the same to be correct.
Thereupon, the primary judges | ||||||
19 | shall set down in a certificate of results
on the tally sheet, | ||||||
20 | under the name of the political party, the name of
each | ||||||
21 | candidate voted for upon the primary ballot, written at full
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22 | length, the name of the office for which he is a candidate for
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23 | nomination or for committeeperson, or delegate or alternate | ||||||
24 | delegate to
National nominating conventions, the total number | ||||||
25 | of votes which the
candidate received, and they shall also set |
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1 | down the total number of
ballots voted by the primary electors | ||||||||||||||||||||||||||||||||||||||||||||||
2 | of the political party in the
precinct. The certificate of | ||||||||||||||||||||||||||||||||||||||||||||||
3 | results shall be made substantially in the
following form:
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4 | ................ Party
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5 | At the primary election held in the .... precinct of the | ||||||||||||||||||||||||||||||||||||||||||||||
6 | (1) *township of
...., or (2) *City of ...., or (3) *.... ward | ||||||||||||||||||||||||||||||||||||||||||||||
7 | in the city of .... on (insert
date), the primary electors of | ||||||||||||||||||||||||||||||||||||||||||||||
8 | the ....
party voted .... ballots, and the respective | ||||||||||||||||||||||||||||||||||||||||||||||
9 | candidates whose names were
written or printed on the primary | ||||||||||||||||||||||||||||||||||||||||||||||
10 | ballot of the .... party, received
respectively the following | ||||||||||||||||||||||||||||||||||||||||||||||
11 | votes:
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21 | *Fill in either (1), (2) or (3).
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22 | And so on for each candidate.
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23 | We hereby certify the above and foregoing to be true and | ||||||||||||||||||||||||||||||||||||||||||||||
24 | correct.
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25 | Dated (insert date).
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26 | ...................................
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1 | Name Address
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2 | ...................................
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3 | Name Address | ||||||
4 | ...................................
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5 | Name Address | ||||||
6 | ...................................
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7 | Name Address
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8 | ...................................
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9 | Name Address | ||||||
10 | Judges of Primary
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11 | Where voting machines or electronic voting systems are | ||||||
12 | used, the
provisions of this Section may be modified as | ||||||
13 | required or authorized by
Article 24 and Article 24A, | ||||||
14 | whichever is applicable.
| ||||||
15 | For an office elected by ranked choice voting, the | ||||||
16 | provisions of this Section may be modified as required or | ||||||
17 | authorized by Article 22A. | ||||||
18 | (Source: P.A. 100-1027, eff. 1-1-19 .)
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19 | (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
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20 | Sec. 7-56. As soon as complete returns are delivered to | ||||||
21 | the proper election
authority, the returns shall be canvassed | ||||||
22 | for all primary elections as follows. The election authority | ||||||
23 | acting as the canvassing board
pursuant to Section 1-8 of this | ||||||
24 | Code shall also open
and canvass the returns of a primary. Upon |
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1 | the
completion of the canvass of the returns by the election | ||||||
2 | authority,
the election authority shall make a tabulated | ||||||
3 | statement of the returns
for each political party separately, | ||||||
4 | stating in appropriate columns and
under proper headings, the | ||||||
5 | total number of votes cast in said county for
each candidate | ||||||
6 | for nomination or election by said party, including candidates | ||||||
7 | for
President of the United States and for State central | ||||||
8 | committeepersons, and
for delegates and alternate delegates to | ||||||
9 | National nominating
conventions, and for precinct | ||||||
10 | committeepersons, township committeepersons, and
for ward | ||||||
11 | committeepersons. Within 2 days after the completion of said
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12 | canvass by the election authority, the county clerk shall mail | ||||||
13 | to the
State Board of Elections a certified copy of such | ||||||
14 | tabulated statement of
returns. The
election authority shall | ||||||
15 | also determine and set down as to each precinct the
number of | ||||||
16 | ballots voted by the primary electors of each party at the | ||||||
17 | primary.
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18 | In the case of the nomination or election of candidates | ||||||
19 | for offices,
including President of the United States and the | ||||||
20 | State central committeepersons, and delegates and alternate | ||||||
21 | delegates to National
nominating conventions, certified | ||||||
22 | tabulated statement of returns for
which are filed with the | ||||||
23 | State Board of Elections, said returns shall be
canvassed by | ||||||
24 | the election authority. And, provided, further, that within 5 | ||||||
25 | days after
said returns shall be canvassed by the said Board, | ||||||
26 | the Board shall provide each political party with the results |
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1 | of the ranked choice voting tabulation for President of the | ||||||
2 | United States, including the results after each round of | ||||||
3 | tabulation, and cause
to be published in one daily newspaper | ||||||
4 | of general circulation at the
seat of the State government in | ||||||
5 | Springfield a certified statement of the
returns filed in its | ||||||
6 | office, showing the total vote cast in the State
for each | ||||||
7 | candidate of each political party for President of the United
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8 | States, and showing the total vote for each candidate of each | ||||||
9 | political
party for President of the United States, cast in | ||||||
10 | each of the several
congressional districts in the State.
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11 | Within 48 hours of conducting a canvass, as required
by | ||||||
12 | this Code, of the consolidated
primary, the election authority | ||||||
13 | shall deliver
an original certificate of results to each local | ||||||
14 | election official, with
respect to whose political | ||||||
15 | subdivisions nominations were made at such primary,
for each | ||||||
16 | precinct in his jurisdiction in which such nominations were on
| ||||||
17 | the ballot. Such original certificate of results need not | ||||||
18 | include any offices
or nominations for any other political | ||||||
19 | subdivisions.
| ||||||
20 | (Source: P.A. 100-1027, eff. 1-1-19 .)
| ||||||
21 | (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
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22 | Sec. 7-59. (a) The person receiving the highest number of | ||||||
23 | votes at a
primary as a candidate of a party for the nomination | ||||||
24 | for an office shall
be the candidate of that party for such | ||||||
25 | office, and his name as such
candidate shall be placed on the |
| |||||||
| |||||||
1 | official ballot at the election then
next ensuing; provided , | ||||||
2 | that where there are 2 two or more persons to be
nominated for | ||||||
3 | the same office or board, the requisite number of persons
| ||||||
4 | receiving the highest number of votes shall be nominated , and | ||||||
5 | their names
shall be placed on the official ballot at the | ||||||
6 | following election. For an office elected by ranked choice | ||||||
7 | voting, the person receiving the highest number of votes is | ||||||
8 | determined by ranked choice voting tabulation as described in | ||||||
9 | Article 22A.
| ||||||
10 | Except as otherwise provided by Section 7-8 of this Code | ||||||
11 | Act , the
person receiving the highest number of votes of his | ||||||
12 | party for
State central committeeperson of his congressional | ||||||
13 | district shall be
declared elected State central | ||||||
14 | committeeperson from said congressional
district.
| ||||||
15 | Unless a national political party specifies that delegates | ||||||
16 | and
alternate delegates to a National nominating convention be | ||||||
17 | allocated by
proportional selection representation according | ||||||
18 | to the results of a
Presidential preference primary, the | ||||||
19 | requisite number of persons
receiving the highest number of | ||||||
20 | votes of their party for delegates and
alternate delegates to | ||||||
21 | National nominating conventions from the State at
large, and | ||||||
22 | the requisite number of persons receiving the highest number | ||||||
23 | of
votes of their party for delegates and alternate delegates | ||||||
24 | to National
nominating conventions in their respective | ||||||
25 | congressional districts shall be
declared elected delegates | ||||||
26 | and alternate delegates to the National
nominating conventions |
| |||||||
| |||||||
1 | of their party.
| ||||||
2 | A political party which elects the members to its State | ||||||
3 | Central Committee
by Alternative B under paragraph (a) of | ||||||
4 | Section 7-8 shall select its
congressional district delegates | ||||||
5 | and alternate delegates to its national
nominating convention | ||||||
6 | by proportional selection representation according to
the | ||||||
7 | results of a Presidential preference primary in each | ||||||
8 | congressional
district in the manner provided by the rules of | ||||||
9 | the national political
party and the State Central Committee, | ||||||
10 | when the rules and policies of the
national political party so | ||||||
11 | require.
| ||||||
12 | A political party which elects the members to its State | ||||||
13 | Central Committee
by Alternative B under paragraph (a) of | ||||||
14 | Section 7-8 shall select its
at large delegates and alternate | ||||||
15 | delegates to its national
nominating convention by | ||||||
16 | proportional selection representation according to
the results | ||||||
17 | of a Presidential preference primary in the whole State in the
| ||||||
18 | manner provided by the rules of the national political party | ||||||
19 | and the State
Central Committee, when the rules and policies | ||||||
20 | of the national political
party so require.
| ||||||
21 | The person receiving the highest number of votes of his | ||||||
22 | party for
precinct committeeperson of his precinct shall be | ||||||
23 | declared elected precinct committeeperson
from said precinct.
| ||||||
24 | The person receiving the highest number of votes of his | ||||||
25 | party for
township committeeperson of his township or part of | ||||||
26 | a township as the case
may be, shall be declared elected |
| |||||||
| |||||||
1 | township committeeperson from said
township or part of a | ||||||
2 | township as the case may be. In cities where ward | ||||||
3 | committeepersons
are elected, the person receiving the highest | ||||||
4 | number of
votes of his party for ward committeeperson of his | ||||||
5 | ward shall be declared
elected ward committeeperson from said | ||||||
6 | ward.
| ||||||
7 | When 2 two or more persons receive an equal and the highest | ||||||
8 | number of
votes for the nomination for the same office or for | ||||||
9 | committeeperson of the
same political party, or where more | ||||||
10 | than one person of the same
political party is to be nominated | ||||||
11 | as a candidate for office or committeeperson, if it appears | ||||||
12 | that more than the number of persons to be
nominated for an | ||||||
13 | office or elected committeeperson have the highest and an
| ||||||
14 | equal number of votes for the nomination for the same office or | ||||||
15 | for
election as committeeperson, the election authority by | ||||||
16 | which the returns of the primary
are canvassed shall decide by | ||||||
17 | lot which of said persons shall be
nominated or elected, as the | ||||||
18 | case may be. In such case the election authority shall issue | ||||||
19 | notice in writing to such persons of such tie vote
stating | ||||||
20 | therein the place, the day (which shall not be more than 5 days | ||||||
21 | thereafter) and the hour when such nomination or election | ||||||
22 | shall
be so determined.
| ||||||
23 | (b) Except as otherwise provided in this Code, write-in | ||||||
24 | votes shall be counted only for persons who have filed
| ||||||
25 | notarized declarations of intent to be write-in candidates | ||||||
26 | with the proper
election authority or authorities not later |
| |||||||
| |||||||
1 | than 61 days prior to
the primary. However, whenever an | ||||||
2 | objection to a candidate's nominating papers or petitions for | ||||||
3 | any office is sustained under Section 10-10 after the 61st day | ||||||
4 | before the election, then write-in votes shall be counted for | ||||||
5 | that candidate if he or she has filed a notarized declaration | ||||||
6 | of intent to be a write-in candidate for that office with the | ||||||
7 | proper election authority or authorities not later than 7 days | ||||||
8 | prior to the election.
| ||||||
9 | Forms for the declaration of intent to be a write-in | ||||||
10 | candidate shall be
supplied by the election authorities. Such | ||||||
11 | declaration shall specify the
office for which the person | ||||||
12 | seeks nomination or election as a write-in
candidate.
| ||||||
13 | The election authority or authorities shall deliver a list | ||||||
14 | of all persons
who have filed such declarations to the | ||||||
15 | election judges in the appropriate
precincts prior to the | ||||||
16 | primary.
| ||||||
17 | (c) (1) Notwithstanding any other provisions of this | ||||||
18 | Section, where
the number of candidates whose names have been | ||||||
19 | printed on a party's
ballot for nomination for or election to | ||||||
20 | an office at a primary is less
than the number of persons the | ||||||
21 | party is entitled to nominate for or elect
to the office at the | ||||||
22 | primary, a person whose name was not printed on the
party's | ||||||
23 | primary ballot as a candidate for nomination for or election | ||||||
24 | to the
office, is not nominated for or elected to that office | ||||||
25 | as a result of a
write-in vote at the primary unless the number | ||||||
26 | of votes he received equals
or exceeds the number of |
| |||||||
| |||||||
1 | signatures required on a petition for nomination
for that | ||||||
2 | office; or unless the number of votes he receives exceeds the
| ||||||
3 | number of votes received by at least one of the candidates | ||||||
4 | whose names were
printed on the primary ballot for nomination | ||||||
5 | for or election to the same
office.
| ||||||
6 | (2) Paragraph (1) of this subsection does not apply where | ||||||
7 | the number
of candidates whose names have been printed on the | ||||||
8 | party's ballot for
nomination for or election to the office at | ||||||
9 | the primary equals or exceeds
the number of persons the party | ||||||
10 | is entitled to nominate for or elect to the
office at the | ||||||
11 | primary.
| ||||||
12 | (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
| ||||||
13 | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| ||||||
14 | Sec. 16-3. (a) The names of all candidates to be voted for | ||||||
15 | in each
election district or precinct shall be printed on one | ||||||
16 | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 | ||||||
17 | of this Code Act and except as otherwise
provided in this Code | ||||||
18 | Act with respect to the odd year regular elections and
the | ||||||
19 | emergency referenda; all nominations
of any political party | ||||||
20 | being placed under the party appellation or title
of such | ||||||
21 | party as designated in the certificates of nomination or
| ||||||
22 | petitions. The names of all independent candidates shall be | ||||||
23 | printed upon
the ballot in a column or columns under the | ||||||
24 | heading "independent"
arranged under the names or titles of | ||||||
25 | the respective offices for which
such independent candidates |
| |||||||
| |||||||
1 | shall have been nominated and so far as
practicable, the name | ||||||
2 | or names of any independent candidate or
candidates for any | ||||||
3 | office shall be printed upon the ballot opposite the
name or | ||||||
4 | names of any candidate or candidates for the same office
| ||||||
5 | contained in any party column or columns upon said ballot. The | ||||||
6 | ballot
shall contain no other names, except that in cases of | ||||||
7 | electors for
President and Vice-President of the United | ||||||
8 | States, the names of the
candidates for President and | ||||||
9 | Vice-President may be added to the party
designation and words | ||||||
10 | calculated to aid the voter in his choice of candidates
may be | ||||||
11 | added, such as "Vote for one," "Vote for not more than three." | ||||||
12 | If no candidate or candidates file for an office and if no | ||||||
13 | person or persons file a declaration as a write-in candidate | ||||||
14 | for that office, then below the title of that office the | ||||||
15 | election authority instead shall print "No Candidate". When an | ||||||
16 | electronic
voting system is used which utilizes a ballot label | ||||||
17 | booklet, the candidates
and questions shall appear on the | ||||||
18 | pages of such booklet in the order
provided by this Code; and, | ||||||
19 | in any case where candidates for an office
appear on a page | ||||||
20 | which does not contain the name of any candidate for
another | ||||||
21 | office, and where less than 50% of the page is utilized, the | ||||||
22 | name of
no candidate shall be printed on the lowest 25% of such | ||||||
23 | page. On the back or
outside of the ballot, so as to appear | ||||||
24 | when folded, shall be printed the words
"Official Ballot", | ||||||
25 | followed by the designation of the polling place for
which the | ||||||
26 | ballot is prepared, the date of the election and a facsimile
of |
| |||||||
| |||||||
1 | the signature of the election authority who has caused the | ||||||
2 | ballots to
be printed. The ballots shall be of plain white | ||||||
3 | paper, through which the
printing or writing cannot be read. | ||||||
4 | However, ballots for use at the
nonpartisan and consolidated | ||||||
5 | elections may be printed on different color
paper, except blue | ||||||
6 | paper, whenever necessary or desirable to facilitate
| ||||||
7 | distinguishing between ballots for different political | ||||||
8 | subdivisions. In
the case of nonpartisan elections for | ||||||
9 | officers of a political
subdivision, unless the statute or an | ||||||
10 | ordinance adopted pursuant to
Article VII of the Constitution | ||||||
11 | providing the form of government
therefor requires otherwise, | ||||||
12 | the column listing such nonpartisan
candidates shall be | ||||||
13 | printed with no appellation or circle at its head.
The party | ||||||
14 | appellation or title, or the word "independent" at the head of
| ||||||
15 | any column provided for independent candidates, shall be | ||||||
16 | printed in letters not less than one-fourth of an inch in | ||||||
17 | height
and a
circle one-half inch in diameter shall be printed | ||||||
18 | at the beginning of
the line in which such appellation or title | ||||||
19 | is printed, provided,
however, that no such circle shall be | ||||||
20 | printed at the head of any column
or columns provided for such | ||||||
21 | independent candidates. The names of
candidates shall be | ||||||
22 | printed in letters not less than one-eighth
nor more than | ||||||
23 | one-fourth of an inch in height, and at the beginning of
each | ||||||
24 | line in which a name of a candidate is printed a square shall | ||||||
25 | be
printed, the sides of which shall be not less than | ||||||
26 | one-fourth of an inch
in length. However, the names of the |
| |||||||
| |||||||
1 | candidates for Governor and
Lieutenant Governor on the same | ||||||
2 | ticket shall be printed within a bracket
and a single square | ||||||
3 | shall be printed in front of the bracket. The list
of | ||||||
4 | candidates of the several parties and any such list of | ||||||
5 | independent
candidates shall be placed in separate columns on | ||||||
6 | the ballot in such
order as the election authorities charged | ||||||
7 | with the printing of the
ballots shall decide; provided, that | ||||||
8 | the names of the candidates of the
several political parties, | ||||||
9 | certified by the State Board of Elections to
the several | ||||||
10 | county clerks shall be printed by the county clerk of the
| ||||||
11 | proper county on the official ballot in the order certified by | ||||||
12 | the State
Board of Elections. Any county clerk refusing, | ||||||
13 | neglecting or failing to
print on the official ballot the | ||||||
14 | names of candidates of the several
political parties in the | ||||||
15 | order certified by the State Board of
Elections, and any | ||||||
16 | county clerk who prints or causes to be printed upon
the | ||||||
17 | official ballot the name of a candidate, for an office to be | ||||||
18 | filled
by the Electors of the entire State, whose name has not | ||||||
19 | been duly
certified to him upon a certificate signed by the | ||||||
20 | State Board of
Elections shall be guilty of a Class C | ||||||
21 | misdemeanor.
| ||||||
22 | (b) When an electronic voting system is used which | ||||||
23 | utilizes a ballot
card,
on the inside flap of each ballot card | ||||||
24 | envelope there shall be printed
a form for write-in voting | ||||||
25 | which shall be substantially as follows:
| ||||||
26 | WRITE-IN VOTES
|
| |||||||
| |||||||
1 | (See card of instructions for specific information. | ||||||
2 | Duplicate form below
by hand for additional write-in votes.)
| ||||||
3 | .............................
| ||||||
4 | Title of Office
| ||||||
5 | ( ) .............................
| ||||||
6 | Name of Candidate
| ||||||
7 | Write-in lines equal to the number of candidates for which | ||||||
8 | a voter may vote shall be printed for an office only if one or | ||||||
9 | more persons filed declarations of intent to be write-in | ||||||
10 | candidates or qualify to file declarations to be write-in | ||||||
11 | candidates under Sections 17-16.1 and 18-9.1 when the | ||||||
12 | certification of ballot contains the words "OBJECTION | ||||||
13 | PENDING".
| ||||||
14 | (c) When an electronic voting system is used which uses a | ||||||
15 | ballot sheet,
the
instructions to voters on the ballot sheet | ||||||
16 | shall refer the voter to the
card of instructions for specific | ||||||
17 | information on write-in voting. Below
each office appearing on | ||||||
18 | such ballot sheet there shall be a provision for
the casting of | ||||||
19 | a write-in vote. Write-in lines equal to the number of | ||||||
20 | candidates for which a voter may vote shall be printed for an | ||||||
21 | office only if one or more persons filed declarations of | ||||||
22 | intent to be write-in candidates or qualify to file | ||||||
23 | declarations to be write-in candidates under Sections 17-16.1 | ||||||
24 | and 18-9.1 when the certification of ballot contains the words | ||||||
25 | "OBJECTION PENDING".
| ||||||
26 | (d) When such electronic system is used, there shall be |
| |||||||
| |||||||
1 | printed on the
back of each ballot card, each ballot card | ||||||
2 | envelope, and
the first page of the ballot label when a ballot | ||||||
3 | label is used, the
words "Official Ballot," followed by the | ||||||
4 | number of the
precinct or other precinct identification, which | ||||||
5 | may be stamped, in lieu
thereof and, as applicable, the number | ||||||
6 | and name of the township, ward
or other election district for | ||||||
7 | which the ballot card, ballot card
envelope, and ballot label | ||||||
8 | are prepared, the date of the election and a
facsimile of the | ||||||
9 | signature of the election authority who has caused the
ballots | ||||||
10 | to be printed. The back of the ballot card shall also include
a | ||||||
11 | method of identifying the ballot configuration such as a | ||||||
12 | listing of the
political subdivisions and districts for which | ||||||
13 | votes may be cast on that
ballot, or a number code identifying | ||||||
14 | the ballot configuration or color coded
ballots, except that | ||||||
15 | where there is only one ballot configuration in a
precinct, | ||||||
16 | the precinct identification, and any applicable ward
| ||||||
17 | identification, shall be sufficient. Ballot card envelopes | ||||||
18 | used in punch
card systems shall be of paper through which no | ||||||
19 | writing or punches may be
discerned and shall be of sufficient | ||||||
20 | length to enclose all voting
positions. However, the election | ||||||
21 | authority may provide
ballot card envelopes on which no | ||||||
22 | precinct number or township, ward or
other election district | ||||||
23 | designation, or election date are preprinted, if
space and a | ||||||
24 | preprinted form are provided below the space provided for
the | ||||||
25 | names of write-in candidates where such information may be | ||||||
26 | entered
by the judges of election. Whenever an election |
| |||||||
| |||||||
1 | authority utilizes
ballot card envelopes on which the election | ||||||
2 | date and precinct is not
preprinted, a judge of election shall | ||||||
3 | mark such information for the
particular precinct and election | ||||||
4 | on the envelope in ink before tallying
and counting any | ||||||
5 | write-in vote written thereon.
If some method of insuring | ||||||
6 | ballot secrecy other than an envelope is used,
such | ||||||
7 | information must be provided on the ballot itself.
| ||||||
8 | (e) In the designation of the name of a candidate on the | ||||||
9 | ballot, the
candidate's given name or names, initial or | ||||||
10 | initials, a nickname by
which the candidate is commonly known, | ||||||
11 | or a combination thereof, may be
used in addition to the | ||||||
12 | candidate's surname. If a candidate has changed his or her | ||||||
13 | name, whether by a statutory or common law procedure in | ||||||
14 | Illinois or any other jurisdiction, within 3 years before the | ||||||
15 | last day for filing the petition for nomination, nomination | ||||||
16 | papers, or certificate of nomination for that office, | ||||||
17 | whichever is applicable, then (i) the candidate's name on the | ||||||
18 | ballot must be followed by "formerly known as (list all prior | ||||||
19 | names during the 3-year period) until name changed on (list | ||||||
20 | date of each such name change)" and (ii) the petition, papers, | ||||||
21 | or certificate must be accompanied by the candidate's | ||||||
22 | affidavit stating the candidate's previous names during the | ||||||
23 | period specified in (i) and the date or dates each of those | ||||||
24 | names was changed; failure to meet these requirements shall be | ||||||
25 | grounds for denying certification of the candidate's name for | ||||||
26 | the ballot or removing the candidate's name from the ballot, |
| |||||||
| |||||||
1 | as appropriate, but these requirements do not apply to name | ||||||
2 | changes resulting from adoption to assume an adoptive parent's | ||||||
3 | or parents' surname, marriage or civil union to assume a | ||||||
4 | spouse's surname, or dissolution of marriage or civil union or | ||||||
5 | declaration of invalidity of marriage or civil union to assume | ||||||
6 | a former surname or a name change that conforms the | ||||||
7 | candidate's name to his or her gender identity. No other | ||||||
8 | designation such
as a political slogan, title, or degree or | ||||||
9 | nickname suggesting or
implying possession of a
title, degree | ||||||
10 | or professional status, or similar information may be used
in | ||||||
11 | connection with the candidate's surname.
For purposes of this | ||||||
12 | Section, a "political slogan" is defined as any
word or words | ||||||
13 | expressing or connoting a position, opinion, or belief that | ||||||
14 | the
candidate may espouse, including , but not limited to, any | ||||||
15 | word or words
conveying any meaning other than that of the | ||||||
16 | personal identity of the
candidate. A
candidate may not use a | ||||||
17 | political slogan as part of his or her name on the
ballot, | ||||||
18 | notwithstanding that the political slogan may be part of the
| ||||||
19 | candidate's name.
| ||||||
20 | (f) The State Board of Elections, a local election | ||||||
21 | official, or an
election
authority shall remove any | ||||||
22 | candidate's name designation from a ballot that is
| ||||||
23 | inconsistent with subsection (e) of this Section. In addition, | ||||||
24 | the State Board
of Elections, a local election official, or an | ||||||
25 | election authority shall not
certify to any election authority | ||||||
26 | any candidate name designation that is
inconsistent with |
| |||||||
| |||||||
1 | subsection (e) of this Section.
| ||||||
2 | (g) If the State Board of Elections, a local election | ||||||
3 | official, or an
election
authority removes a candidate's name | ||||||
4 | designation from a ballot under
subsection (f) of this | ||||||
5 | Section, then the aggrieved candidate may seek
appropriate | ||||||
6 | relief in circuit court.
| ||||||
7 | (h) Where voting machines or electronic voting systems are | ||||||
8 | used, the
provisions of this Section may be modified as | ||||||
9 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
10 | is applicable.
| ||||||
11 | (i) Nothing in this Section shall prohibit election | ||||||
12 | authorities from using
or reusing ballot card envelopes which | ||||||
13 | were printed before January 1, 1986 ( the effective
date of | ||||||
14 | Public Act 84-820) this amendatory Act of 1985 . | ||||||
15 | (j) For an office elected by ranked choice voting, the | ||||||
16 | provisions of this Section may be modified as required or | ||||||
17 | authorized by Article 22A.
| ||||||
18 | (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
| ||||||
19 | (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
| ||||||
20 | Sec. 17-11. On receipt of his ballot the voter shall | ||||||
21 | forthwith, and
without leaving the inclosed space, retire | ||||||
22 | alone, or accompanied by children as provided in Section 17-8,
| ||||||
23 | to one of the voting
booths so provided and shall prepare his | ||||||
24 | ballot by making in the
appropriate margin or place a cross (X) | ||||||
25 | opposite the name of the
candidate of his choice for each |
| |||||||
| |||||||
1 | office to be filled, or by writing in
the name of the candidate | ||||||
2 | of his choice in a blank space on said ticket,
making a cross | ||||||
3 | (X) opposite thereto; and in case of a question submitted
to | ||||||
4 | the vote of the people, by making in the appropriate margin or | ||||||
5 | place
a cross (X) against the answer he desires to give. A | ||||||
6 | cross (X) in the
square in front of the bracket enclosing the | ||||||
7 | names of a team of
candidates for Governor and Lieutenant | ||||||
8 | Governor counts as one vote for
each of such candidates. | ||||||
9 | Before leaving the voting booth the voter shall fold
his
| ||||||
10 | ballot in such manner as to conceal the marks thereon. He shall | ||||||
11 | then
vote forthwith in the manner herein provided, except that | ||||||
12 | the number
corresponding to the number of the voter on the poll | ||||||
13 | books shall not be
indorsed on the back of his ballot. He shall | ||||||
14 | mark and deliver his ballot
without undue delay, and shall | ||||||
15 | quit said inclosed space as soon as he
has voted; except that | ||||||
16 | immediately after voting, the voter shall be instructed | ||||||
17 | whether the voting equipment, if used, accepted or rejected | ||||||
18 | the ballot or identified the ballot as under-voted for a | ||||||
19 | statewide constitutional office. A voter whose ballot is | ||||||
20 | identified as under-voted may return to the voting booth and | ||||||
21 | complete the voting of that ballot. A voter whose ballot is not | ||||||
22 | accepted by the voting equipment may, upon surrendering the | ||||||
23 | ballot, request and vote another ballot. If a ballot for an | ||||||
24 | office elected by ranked choice voting is considered | ||||||
25 | under-voted pursuant to Section 22A-5, the voter may, upon | ||||||
26 | surrendering the ballot, request and vote upon another ballot. |
| |||||||
| |||||||
1 | The voter's surrendered ballot shall be initialed by the | ||||||
2 | election judge and handled as provided in the appropriate | ||||||
3 | Article governing that voting equipment. | ||||||
4 | No voter shall be allowed to occupy a voting booth already
| ||||||
5 | occupied by another, nor remain within said inclosed space | ||||||
6 | more than ten
minutes, nor to occupy a voting booth more than | ||||||
7 | five minutes in case all
of said voting booths are in use and | ||||||
8 | other voters waiting to occupy the
same. No voter not an | ||||||
9 | election officer, shall, after having voted, be
allowed to | ||||||
10 | re-enter said inclosed space during said election. No person
| ||||||
11 | shall take or remove any ballot from the polling place before | ||||||
12 | the close
of the poll. No voter shall vote or offer to vote any | ||||||
13 | ballot except such
as he has received from the judges of | ||||||
14 | election in charge of the ballots.
Any voter who shall, by | ||||||
15 | accident or mistake, spoil his ballot, may, on
returning said | ||||||
16 | spoiled ballot, receive another in place thereof only after
| ||||||
17 | the word "spoiled" has been written in ink diagonally across | ||||||
18 | the entire
face of the ballot returned by the voter.
| ||||||
19 | Where voting machines or electronic voting systems are | ||||||
20 | used, the
provisions of this section may be modified as | ||||||
21 | required or authorized by
Article 24,
24A, 24B, or 24C, | ||||||
22 | whichever is applicable, except that the requirements of this | ||||||
23 | Section that (i) the voter must be notified of the voting | ||||||
24 | equipment's acceptance or rejection of the voter's ballot or | ||||||
25 | identification of an under-vote for a statewide constitutional | ||||||
26 | office and (ii) the voter shall have the opportunity to |
| |||||||
| |||||||
1 | correct an under-vote or surrender the ballot that was not | ||||||
2 | accepted and vote another ballot shall not be modified.
| ||||||
3 | For an office elected by ranked choice voting, the | ||||||
4 | provisions of this Section may be modified as required or | ||||||
5 | authorized by Article 22A. | ||||||
6 | (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
| ||||||
7 | (10 ILCS 5/17-18) (from Ch. 46, par. 17-18)
| ||||||
8 | Sec. 17-18.
Immediately upon closing the polls the judges | ||||||
9 | shall
proceed to canvass the votes polled. They shall first | ||||||
10 | count the whole
number of ballots in the box. If 2 or more | ||||||
11 | ballots are folded together
so as to appear to have been cast | ||||||
12 | by the same person, all of the ballots
so folded together shall | ||||||
13 | be marked and returned with the other ballots
in the same | ||||||
14 | conditions, as near as may be, in which they were found when
| ||||||
15 | first opened, but shall not be counted. If the remaining | ||||||
16 | ballots shall
be found to exceed the number of applications | ||||||
17 | for
ballot, the ballots shall be replaced in the box, and the | ||||||
18 | box closed and
well shaken and again opened and one of the | ||||||
19 | judges shall publicly draw
out so many ballots unopened as | ||||||
20 | shall be equal to such excess; and the
number of the ballots | ||||||
21 | agreeing with the poll lists, or being made to
agree. Such | ||||||
22 | excess ballots shall be marked "Excess-Not Counted" and
signed | ||||||
23 | by a majority of the judges and shall be placed in the "After
| ||||||
24 | 6:00 p.m. Defective Ballots Envelope". The number of excess | ||||||
25 | ballots
shall be noted in the remarks section of the |
| |||||||
| |||||||
1 | Certificate of Results.
"Excess" ballots shall not be counted | ||||||
2 | in the total of "defective"
ballots.
| ||||||
3 | The judges shall then proceed to count and record the | ||||||
4 | votes; and
when the judges of election shall open and read the | ||||||
5 | ballots, 3 judges,
with at least one from each political party | ||||||
6 | from which the precinct
judges were chosen, shall carefully | ||||||
7 | and correctly mark down upon the
three tally sheets the vote | ||||||
8 | each candidate has received, in a separate
box prepared for | ||||||
9 | that purpose, with the name of such candidate at the
head of | ||||||
10 | such box, and the office designated by the votes such | ||||||
11 | candidate
shall fill. Whenever a proposition is submitted to | ||||||
12 | the electors at the
same election, the ballots for or against | ||||||
13 | such proposition shall always
be canvassed, counted or | ||||||
14 | tallied. The votes shall be canvassed in the
room or place | ||||||
15 | where the election is held, and the judges shall not allow
the | ||||||
16 | ballot box, or any of the ballots, or the applications for | ||||||
17 | ballot,
or any of the tally sheets to be removed or carried | ||||||
18 | away from such room
or place, until the canvass of the vote is | ||||||
19 | completed, and the returns
carefully enveloped and sealed up | ||||||
20 | as provided by law.
| ||||||
21 | Where voting machines or electronic voting systems are | ||||||
22 | used, the
provisions of this section may be modified as | ||||||
23 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
24 | is applicable.
| ||||||
25 | For an office elected by ranked choice voting, the | ||||||
26 | provisions of this Section may be modified as required or |
| |||||||
| |||||||
1 | authorized by Article 22A. | ||||||
2 | (Source: P.A. 83-333.)
| ||||||
3 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
| ||||||
4 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
5 | found upon
the register of voters by the person having charge | ||||||
6 | thereof, shall then
be questioned by one of the judges as to | ||||||
7 | his nativity, his term of
residence at present address, | ||||||
8 | precinct, State and United States, his
age, whether | ||||||
9 | naturalized and if so the date of naturalization papers and
| ||||||
10 | court from which secured, and he shall be asked to state his | ||||||
11 | residence
when last previously registered and the date of the | ||||||
12 | election for which
he then registered. The judges of elections | ||||||
13 | shall check each application
for ballot against the list of | ||||||
14 | voters registered in that precinct to whom
grace period, vote | ||||||
15 | by mail, and early ballots have been issued for that election, | ||||||
16 | which shall
be provided
by the election authority and which | ||||||
17 | list shall be available for inspection
by pollwatchers. A | ||||||
18 | voter applying to vote in
the precinct on
election day whose | ||||||
19 | name appears on the list as having been issued a grace period, | ||||||
20 | vote by mail,
or early ballot shall not be permitted to vote in | ||||||
21 | the precinct, except that a voter to whom a vote by mail ballot | ||||||
22 | was issued may vote in the precinct if the voter submits to the | ||||||
23 | election judges that vote by mail ballot for cancellation. If | ||||||
24 | the voter is unable to submit the vote by mail ballot, it shall | ||||||
25 | be sufficient for the voter to submit to the election judges |
| |||||||
| |||||||
1 | (i) a portion of the vote by mail ballot if the vote by mail | ||||||
2 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
3 | before the election judges specifying that (A) the voter never | ||||||
4 | received a vote by mail ballot or (B) the voter completed and | ||||||
5 | returned a vote by mail ballot and was informed that the | ||||||
6 | election authority did not receive that vote by mail ballot.
| ||||||
7 | If such person
so registered shall be challenged as | ||||||
8 | disqualified, the party challenging
shall assign his reasons | ||||||
9 | therefor, and thereupon one of the judges shall
administer to | ||||||
10 | him an oath to answer questions, and if he shall take the
oath | ||||||
11 | he shall then be questioned by the judge or judges touching | ||||||
12 | such cause
of challenge, and touching any other cause of | ||||||
13 | disqualification. And he may
also be questioned by the person | ||||||
14 | challenging him in regard to his
qualifications and identity. | ||||||
15 | But if a majority of the judges are of the
opinion that he is | ||||||
16 | the person so registered and a qualified voter, his vote
shall | ||||||
17 | then be received accordingly. But if his vote be rejected by | ||||||
18 | such
judges, such person may afterward produce and deliver an | ||||||
19 | affidavit to such
judges, subscribed and sworn to by him | ||||||
20 | before one of the judges, in which
it shall be stated how long | ||||||
21 | he has resided in such precinct, and state;
that he is a | ||||||
22 | citizen of the United States, and is a duly qualified voter in
| ||||||
23 | such precinct, and that he is the identical person so | ||||||
24 | registered.
In addition to such an affidavit, the person so | ||||||
25 | challenged shall provide
to the judges of election proof of | ||||||
26 | residence by producing 2 forms of
identification showing the |
| |||||||
| |||||||
1 | person's current residence address, provided
that such | ||||||
2 | identification may include a lease or contract for a residence | ||||||
3 | and not more than one piece of mail addressed to the person at | ||||||
4 | his current residence address and
postmarked not earlier than | ||||||
5 | 30 days prior to the date of the
election, or the person shall | ||||||
6 | procure a witness personally known to the
judges of election, | ||||||
7 | and resident in the precinct (or district), or who
shall be | ||||||
8 | proved by some legal voter of such precinct or district, known | ||||||
9 | to
the judges to be such, who shall take the oath following, | ||||||
10 | viz:
| ||||||
11 | I do solemnly swear (or affirm) that I am a resident of | ||||||
12 | this election
precinct (or district), and entitled to vote at | ||||||
13 | this election, and that I
have been a resident of this State | ||||||
14 | for 30 days last past, and am well
acquainted with the person | ||||||
15 | whose vote is now offered; that he is an actual
and bona fide | ||||||
16 | resident of this election precinct (or district), and has
| ||||||
17 | resided herein 30 days, and as I verily believe, in this State, | ||||||
18 | 30 days
next preceding this election.
| ||||||
19 | The oath in each case may be administered by one of the | ||||||
20 | judges of
election, or by any officer, resident in the | ||||||
21 | precinct or district,
authorized by law to administer oaths. | ||||||
22 | Also supported by an affidavit by a
registered voter residing | ||||||
23 | in such precinct, stating his own residence, and
that he knows | ||||||
24 | such person; and that he does reside at the place mentioned
and | ||||||
25 | has resided in such precinct and state for the length of time | ||||||
26 | as stated
by such person, which shall be subscribed and sworn |
| |||||||
| |||||||
1 | to in the same way.
For purposes of this Section, the | ||||||
2 | submission of a photo identification issued by a college or | ||||||
3 | university, accompanied by either (i) a copy of the | ||||||
4 | applicant's contract or lease for a residence or (ii) one | ||||||
5 | piece of mail addressed to the person at his or her current | ||||||
6 | residence address and postmarked not earlier than 30 days | ||||||
7 | prior to the date of the election, shall be sufficient to | ||||||
8 | establish proof of residence. Whereupon the vote of such | ||||||
9 | person shall be received, and entered as other
votes. But such | ||||||
10 | judges, having charge of such registers, shall state in
their | ||||||
11 | respective books the facts in such case, and the affidavits, | ||||||
12 | so
delivered to the judges, shall be preserved and returned to | ||||||
13 | the office of
the commissioners of election. Blank affidavits | ||||||
14 | of the character aforesaid
shall be sent out to the judges of | ||||||
15 | all the precincts, and the judges of
election shall furnish | ||||||
16 | the same on demand and administer the oaths without
criticism. | ||||||
17 | Such oaths, if administered by any other officer than such | ||||||
18 | judge
of election, shall not be received. Whenever a proposal | ||||||
19 | for a
constitutional amendment or for the calling of a | ||||||
20 | constitutional convention
is to be voted upon at the election, | ||||||
21 | the separate blue ballot or ballots
pertaining thereto shall | ||||||
22 | be placed on top of the other ballots to be voted
at the | ||||||
23 | election in such manner that the legend appearing on the back
| ||||||
24 | thereof, as prescribed in Section 16-6 of this Act, shall be | ||||||
25 | plainly
visible to the voter, and in this fashion the ballots | ||||||
26 | shall be handed to
the voter by the judge.
|
| |||||||
| |||||||
1 | Immediately after voting, the voter shall be instructed | ||||||
2 | whether the voting equipment, if used, accepted or rejected | ||||||
3 | the ballot or identified the ballot as under-voted. A voter | ||||||
4 | whose ballot is identified as under-voted for a statewide | ||||||
5 | constitutional office may return to the voting booth and | ||||||
6 | complete the voting of that ballot. A voter whose ballot is not | ||||||
7 | accepted by the voting equipment may, upon surrendering the | ||||||
8 | ballot, request and vote another ballot. If a ballot for an | ||||||
9 | office elected by ranked choice voting is considered | ||||||
10 | under-voted as defined in Section 22A-5, the voter may, upon | ||||||
11 | surrendering the ballot, request and vote upon another ballot. | ||||||
12 | The voter's surrendered ballot shall be initialed by the | ||||||
13 | election judge and handled as provided in the appropriate | ||||||
14 | Article governing that voting equipment. | ||||||
15 | The voter shall, upon quitting the voting booth, deliver | ||||||
16 | to one of
the judges of election all of the ballots, properly | ||||||
17 | folded, which he
received. The judge of election to whom the | ||||||
18 | voter delivers his ballots
shall not accept the same unless | ||||||
19 | all of the ballots given to the voter
are returned by him. If a | ||||||
20 | voter delivers less than all of the ballots
given to him, the | ||||||
21 | judge to whom the same are offered shall advise him in
a voice | ||||||
22 | clearly audible to the other judges of election that the voter
| ||||||
23 | must return the remainder of the ballots. The statement of the | ||||||
24 | judge to
the voter shall clearly express the fact that the | ||||||
25 | voter is not required
to vote such remaining ballots but that | ||||||
26 | whether or not he votes them he
must fold and deliver them to |
| |||||||
| |||||||
1 | the judge. In making such statement the
judge of election | ||||||
2 | shall not indicate by word, gesture or intonation of
voice | ||||||
3 | that the unreturned ballots shall be voted in any particular
| ||||||
4 | manner. No new voter shall be permitted to enter the voting | ||||||
5 | booth of a
voter who has failed to deliver the total number of | ||||||
6 | ballots received by
him until such voter has returned to the | ||||||
7 | voting booth pursuant to the
judge's request and again quit | ||||||
8 | the booth with all of the ballots
required to be returned by | ||||||
9 | him. Upon receipt of all such ballots the
judges of election | ||||||
10 | shall enter the name of the voter, and his number, as
above | ||||||
11 | provided in this Section, and the judge to whom the ballots are
| ||||||
12 | delivered shall immediately put the ballots into the ballot | ||||||
13 | box. If any
voter who has failed to deliver all the ballots | ||||||
14 | received by him refuses
to return to the voting booth after | ||||||
15 | being advised by the judge of
election as herein provided, the | ||||||
16 | judge shall inform the other judges of
such refusal, and | ||||||
17 | thereupon the ballot or ballots returned to the judge
shall be | ||||||
18 | deposited in the ballot box, the voter shall be permitted to
| ||||||
19 | depart from the polling place, and a new voter shall be | ||||||
20 | permitted to
enter the voting booth.
| ||||||
21 | The judge of election who receives the ballot or ballots | ||||||
22 | from the
voter shall announce the residence and name of such | ||||||
23 | voter in a loud
voice. The judge shall put the ballot or | ||||||
24 | ballots received from the voter
into the ballot box in the | ||||||
25 | presence of the voter and the judges of
election, and in plain | ||||||
26 | view of the public. The judges having charge of
such registers |
| |||||||
| |||||||
1 | shall then, in a column prepared thereon, in the same
line of, | ||||||
2 | the name of the voter, mark "Voted" or the letter "V".
| ||||||
3 | No judge of election shall accept from any voter less than | ||||||
4 | the full
number of ballots received by such voter without | ||||||
5 | first advising the
voter in the manner above provided of the | ||||||
6 | necessity of returning all of
the ballots, nor shall any such | ||||||
7 | judge advise such voter in a manner
contrary to that which is | ||||||
8 | herein permitted, or in any other manner
violate the | ||||||
9 | provisions of this Section; provided, that the acceptance by
a | ||||||
10 | judge of election of less than the full number of ballots | ||||||
11 | delivered to
a voter who refuses to return to the voting booth | ||||||
12 | after being properly
advised by such judge shall not be a | ||||||
13 | violation of this Section.
| ||||||
14 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
15 | (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
| ||||||
16 | Sec. 18-9.
The judges of election shall first count the | ||||||
17 | whole number
of ballots in the box. If the ballots shall be | ||||||
18 | found to exceed the
number of applications for ballot, they | ||||||
19 | shall reject the ballots, if
any, found folded inside of a | ||||||
20 | ballot. And if the ballots and the
applications for ballot | ||||||
21 | still do not agree after such rejection, the
ballots shall be | ||||||
22 | replaced in the box and the box closed and well shaken,
and | ||||||
23 | again opened; and one of the judges shall publicly draw out so | ||||||
24 | many
ballots unopened as shall be equal to such excess. Such | ||||||
25 | excess ballots
shall be marked "Excess-Not Counted" and signed |
| |||||||
| |||||||
1 | by a majority of judges
and shall be placed in the "After 6:00 | ||||||
2 | p.m. Defective Ballots Envelope".
The number of excess ballots | ||||||
3 | shall be noted in the remarks section of
the Certificate of | ||||||
4 | Results. "Excess" ballots shall not
be counted in the total of | ||||||
5 | "defective" ballots. And the ballots and
applications for | ||||||
6 | ballot being made to agree in this way, the judges
shall | ||||||
7 | proceed to count the votes in the following manner: The judges
| ||||||
8 | shall open the ballots and place those which contain the same | ||||||
9 | names
together, so that the several kinds shall be in separate | ||||||
10 | piles or on
separate files. Each of the judges shall examine | ||||||
11 | the separate files
which are, or are supposed to be, alike, and | ||||||
12 | exclude from such files any
which may have a name or an | ||||||
13 | erasure, or in any manner shall be different
from the others of | ||||||
14 | such file. One of the judges shall then take one file
of the | ||||||
15 | kind of ballots which contain the same names, and count them by
| ||||||
16 | tens, carefully examining each name on each of the ballots. | ||||||
17 | Such judge
shall then pass the ten ballots aforesaid to the | ||||||
18 | judge sitting next to
him, who shall count them in the same | ||||||
19 | manner, who shall then pass them
to a third judge, who shall | ||||||
20 | also count them in the same manner. Then the
third judge shall | ||||||
21 | call the names of the persons named in the ten
ballots, and the | ||||||
22 | offices for which they are designated, and 2 of the
judges, who | ||||||
23 | did not assist in the counting shall tally ten votes for
each | ||||||
24 | of such persons, except as herein otherwise provided. When the
| ||||||
25 | judges shall have gone through such file of ballots, | ||||||
26 | containing the same
names, and shall count them by tens in the |
| |||||||
| |||||||
1 | same way, and shall call the
names of the persons named in the | ||||||
2 | ballots and the office for which they
are designated, the | ||||||
3 | tally judges shall tally the votes by tens for each
of such | ||||||
4 | persons in the same manner as in the first instance. When the
| ||||||
5 | counting of each file of ballots which contain the same names | ||||||
6 | shall be
completed, the tally judges shall compare their | ||||||
7 | tallies together and
ascertain the total number of ballots of | ||||||
8 | that kind so canvassed; and
when they agree upon the number, | ||||||
9 | one of them shall announce it in a loud
voice to the other | ||||||
10 | judges. The judges shall then canvass the other kinds
of | ||||||
11 | ballots which do not correspond, those containing names partly | ||||||
12 | from
one kind of ballots and partly from another, being those | ||||||
13 | from which the
name of the person proper to be voted for on | ||||||
14 | such ballots has been
omitted or erased, usually called | ||||||
15 | "scratched tickets". They shall be
canvassed separately by one | ||||||
16 | of the judges sitting between 2 other
judges, which judge | ||||||
17 | shall call each name to the tally judges and the
office for | ||||||
18 | which it is designated, and the other judges looking at the
| ||||||
19 | ballot at the same time, and the tally judges making tally of | ||||||
20 | the same.
When all the ballots have been canvassed in this | ||||||
21 | manner, the tally
judges shall compare their tallies together, | ||||||
22 | and ascertain the total
number of votes received by each | ||||||
23 | candidate and when they agree upon the
numbers one of them | ||||||
24 | shall announce in a loud voice to the judges the
number of | ||||||
25 | votes received by each candidate on each of the kinds of
| ||||||
26 | ballots containing his name, the number received by him on
|
| |||||||
| |||||||
1 | scratch tickets, and the total number of votes received by | ||||||
2 | him.
| ||||||
3 | The votes for the offices of Governor and Lieutenant | ||||||
4 | Governor shall
be counted and tallied jointly.
| ||||||
5 | Where voting machines or electronic voting systems are | ||||||
6 | used, the
provisions of this section may be modified as | ||||||
7 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
8 | is applicable.
| ||||||
9 | For an office elected by ranked choice voting, the | ||||||
10 | provisions of this Section may be modified as required or | ||||||
11 | authorized by Article 22A. | ||||||
12 | (Source: P.A. 89-700, eff. 1-17-97.)
| ||||||
13 | (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
| ||||||
14 | Sec. 21-2. The county clerks of the several counties | ||||||
15 | shall, within 21 days
next after holding the election named in | ||||||
16 | subsection (1) of Section 2A-1.2 and
Section 2A-2, make 2 | ||||||
17 | copies of the abstract of the votes cast for electors by
each | ||||||
18 | political party or group, as indicated by the voter for an | ||||||
19 | office elected by ranked choice voting , as aforesaid, by a
| ||||||
20 | cross in the square to the left of the bracket aforesaid, or as | ||||||
21 | indicated
by a cross in the appropriate place preceding the | ||||||
22 | appellation or title of
the particular political party or | ||||||
23 | group, and transmit by mail one of the
copies to the office of | ||||||
24 | the State Board of Elections and retain the other
in his | ||||||
25 | office, to be sent for by the electoral board in case the other
|
| |||||||
| |||||||
1 | should be mislaid. Within 31 days after the holding of such | ||||||
2 | election, and
sooner if all the returns are received by the | ||||||
3 | State Board of Elections, the
State Board of Elections shall | ||||||
4 | proceed to open and canvass said election
returns by ranked | ||||||
5 | choice voting tabulation as described in Article 22A, and to | ||||||
6 | declare which set of candidates for President and
| ||||||
7 | Vice-President received, as aforesaid, the highest number of | ||||||
8 | votes cast at
such election as aforesaid; and the electors of | ||||||
9 | that party whose candidates
for President and Vice-President | ||||||
10 | received the highest number of votes so
cast shall be taken and | ||||||
11 | deemed to be elected as electors of President and
| ||||||
12 | Vice-President, but should 2 or more sets of candidates for | ||||||
13 | President and
Vice-President be returned with an equal and the | ||||||
14 | highest vote, the State
Board of Elections shall cause a | ||||||
15 | notice of the same to be published, which
notice shall name | ||||||
16 | some day and place, not less than 5 days from the time of
such | ||||||
17 | publication of such notice, upon which the State Board of | ||||||
18 | Elections
will decide by lot which of the sets of candidates | ||||||
19 | for President and
Vice-President so equal and highest shall be | ||||||
20 | declared to be highest. And
upon the day and at the place so | ||||||
21 | appointed in the notice, the board shall
so decide by lot and | ||||||
22 | declare which is deemed highest of the sets of
candidates for | ||||||
23 | President and Vice-President so equal and highest, thereby
| ||||||
24 | determining only that the electors chosen as aforesaid by such | ||||||
25 | candidates'
party or group are thereby elected by general | ||||||
26 | ticket to be such electors.
|
| |||||||
| |||||||
1 | (Source: P.A. 100-863, eff. 8-14-18.)
| ||||||
2 | (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
| ||||||
3 | Sec. 22-7. Canvass of votes; declaration and proclamation | ||||||
4 | of result. The State Board of Elections, shall proceed within | ||||||
5 | 31 days
after the election,
and sooner if all the returns are | ||||||
6 | received, to canvass the votes given
for United States | ||||||
7 | Senators and Representatives to Congress, State
executive | ||||||
8 | officers, judges of the Supreme Court, judges of the Appellate
| ||||||
9 | Court, judges of the Circuit Court, Senators, Representatives | ||||||
10 | to the
General Assembly, State's Attorneys and Regional | ||||||
11 | Superintendents of Schools
elected from 2 or more counties, | ||||||
12 | respectively . For an office elected by ranked choice voting, | ||||||
13 | the canvass shall be done by ranked choice voting tabulation | ||||||
14 | as described in Article 22A. The , and the persons
having the | ||||||
15 | highest number of votes for the respective offices shall be
| ||||||
16 | declared duly elected, but if it appears that more than the | ||||||
17 | number of
persons to be elected have the highest and an equal | ||||||
18 | number of votes for
the same office, the electoral board shall | ||||||
19 | decide by lot which of such
persons shall be elected; and to | ||||||
20 | each person duly elected, the Governor
shall give a | ||||||
21 | certificate of election or commission, as the case may
| ||||||
22 | require, and shall cause proclamation to be made of the result | ||||||
23 | of the
canvass, and they shall at the same time and in the same | ||||||
24 | manner, canvass
the vote cast upon amendments to the | ||||||
25 | Constitution, and upon other
propositions submitted to the |
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1 | electors of the entire State; and the
Governor shall cause to | ||||||
2 | be made such proclamation of the result of the
canvass as the | ||||||
3 | statutes elsewhere provide. The State Board of Elections
shall | ||||||
4 | transmit to the State Comptroller a list of the persons | ||||||
5 | elected to
the various offices. The State Board of Elections | ||||||
6 | shall also transmit to
the Supreme Court the names of persons | ||||||
7 | elected to judgeships in
adversary elections and the names of | ||||||
8 | judges who fail to win retention in
office.
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9 | No person who is shown by the canvassing board's | ||||||
10 | proclamation to have been elected at the consolidated election | ||||||
11 | or general election as a write-in candidate shall take office | ||||||
12 | unless that person has first filed with the certifying office | ||||||
13 | or board a statement of candidacy pursuant to Section 7-10 or | ||||||
14 | Section 10-5, a statement pursuant to Section 7-10.1, and a | ||||||
15 | receipt for filing a statement of economic interests in | ||||||
16 | relation to the unit of government to which he or she has been | ||||||
17 | elected. For officers elected at the consolidated election, | ||||||
18 | the certifying officer shall notify the election authority of | ||||||
19 | the receipt of those documents, and the county clerk shall | ||||||
20 | issue the certification of election under the provisions of | ||||||
21 | Section 22-18. | ||||||
22 | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
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23 | (10 ILCS 5/Art. 22A heading new) | ||||||
24 | ARTICLE 22A. RANKED CHOICE VOTING |
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1 | (10 ILCS 5/22A-1 new) | ||||||
2 | Sec. 22A-1. Applicability. An election for an office | ||||||
3 | elected by ranked choice voting involving 3 or more | ||||||
4 | candidates, including qualified write-in candidates, shall be | ||||||
5 | conducted pursuant to the procedures set forth in this | ||||||
6 | Article.
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7 | (10 ILCS 5/22A-5 new) | ||||||
8 | Sec. 22A-5. Definitions. As used in this Article: | ||||||
9 | "Active ballot" means a ballot that is not an inactive | ||||||
10 | ballot. | ||||||
11 | "Active candidate" means a candidate who has not been | ||||||
12 | defeated. | ||||||
13 | "Highest-ranked active candidate" means the highest | ||||||
14 | ranking on a voter's ballot for an active candidate. | ||||||
15 | "Inactive ballot" is a ballot that does not count for any | ||||||
16 | candidate for any of the reasons given in Section 22A-45. | ||||||
17 | "Overvote" means a circumstance in which a voter has | ||||||
18 | ranked more than one candidate at the same ranking. | ||||||
19 | "Ranking" means the number available to be assigned by a | ||||||
20 | voter to a candidate to express the voter's choice for that | ||||||
21 | candidate. The number "1" is the highest ranking, followed by | ||||||
22 | "2" and then "3" and so on. | ||||||
23 | "Round" means an instance of the sequence of voting | ||||||
24 | tabulation steps established in Section 22A-30. | ||||||
25 | "Skipped ranking" means a voter has left a ranking |
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1 | unassigned but ranks a candidate at a subsequent ranking. | ||||||
2 | "Undervote" means a circumstance in which a voter has not | ||||||
3 | ranked any candidate for a particular office. | ||||||
4 | "Under-voted" means a case where a ballot does not contain | ||||||
5 | rankings for any candidate for a particular office.
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6 | (10 ILCS 5/22A-10 new) | ||||||
7 | Sec. 22A-10. Ranked choice voting ballots. A ranked choice | ||||||
8 | voting ballot shall be laid out to allow the voter to rank the | ||||||
9 | candidates for an office in order of preference. The ballot | ||||||
10 | shall allow voters to rank as many choices as there are | ||||||
11 | qualified candidates, including qualified write-in candidates, | ||||||
12 | except as provided in this Section. If the voting equipment | ||||||
13 | cannot accommodate a number of rankings on the ballot equal to | ||||||
14 | the number of qualified candidates, an election authority may | ||||||
15 | limit the number of choices a voter may rank on a ballot to the | ||||||
16 | maximum number allowed by the equipment. If multiple types of | ||||||
17 | voting equipment are used in an election for the same office, | ||||||
18 | the State Board of Elections shall ensure that every ballot | ||||||
19 | allows voters to rank the same number of candidates.
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20 | (10 ILCS 5/22A-15 new) | ||||||
21 | Sec. 22A-15. Mixed-election method ballots. If elections | ||||||
22 | are held in which ranked choice voting is used in addition to | ||||||
23 | other methods of voting, the ranked choice and non-ranked | ||||||
24 | choice voting elections must be on the same ballot if |
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1 | possible, with ranked choice voting and non-ranked choice | ||||||
2 | voting portions clearly separated on the ballot. If placement | ||||||
3 | of all offices to be elected cannot be placed on a single | ||||||
4 | ballot, a separate ballot may be used for those offices to be | ||||||
5 | elected using ranked choice voting. Ballots may deviate from | ||||||
6 | the ordering established in Section 7-19 to allow for | ||||||
7 | separation of ranked choice voting and non-ranked choice | ||||||
8 | voting elections.
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9 | (10 ILCS 5/22A-20 new) | ||||||
10 | Sec. 22A-20. Ballot requirements. All other ballot | ||||||
11 | requirements of this Code apply to ranked choice voting | ||||||
12 | ballots to the extent that they do not contradict the | ||||||
13 | requirements of this Article.
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14 | (10 ILCS 5/22A-25 new) | ||||||
15 | Sec. 22A-25. First ranked choice tabulation. | ||||||
16 | (a) A first ranked choice tabulation shall be done under | ||||||
17 | this Section before tabulation as described in Section 22A-30. | ||||||
18 | A first ranked choice tabulation will consist of a first round | ||||||
19 | only. Under the first ranked choice tabulation, the vote total | ||||||
20 | will be the sum of the number one ranked votes. | ||||||
21 | (b) If the vote total for a candidate is greater than 50% | ||||||
22 | of the active ballots, the candidate shall be declared duly | ||||||
23 | elected. If not, tabulation shall proceed in rounds as | ||||||
24 | described in Section 22A-30.
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1 | (10 ILCS 5/22A-30 new) | ||||||
2 | Sec. 22A-30. Ranked choice voting tabulation. Tabulation | ||||||
3 | must proceed in rounds as follows: | ||||||
4 | (1) If 2 or fewer active candidates remain, the | ||||||
5 | candidate with the greatest number of votes is declared | ||||||
6 | the winner of the election and tabulation is complete. | ||||||
7 | (2) If more than 2 active candidates remain, the | ||||||
8 | active candidate with the fewest votes is defeated. Votes | ||||||
9 | for the defeated candidate are transferred to each | ||||||
10 | ballot's next-highest-ranked active candidate and a new | ||||||
11 | round begins.
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12 | (10 ILCS 5/22A-35 new) | ||||||
13 | Sec. 22A-35. Ties. If during any round of tabulation 2 or | ||||||
14 | more candidates are tied with the fewest votes, and tabulation | ||||||
15 | cannot continue until the candidate with the fewest votes is | ||||||
16 | defeated, then the candidate to be defeated will be chosen by | ||||||
17 | lot. The result of the tie resolution must be recorded and | ||||||
18 | reused in the event of a recount. Election authorities may | ||||||
19 | resolve prospective ties between candidates before the | ||||||
20 | election.
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21 | (10 ILCS 5/22A-40 new) | ||||||
22 | Sec. 22A-40. Batch elimination. In any election conducted | ||||||
23 | by ranked choice voting, the election authority may modify the |
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1 | tabulation to include batch elimination. If the tabulation | ||||||
2 | does include batch elimination, then any time the active | ||||||
3 | candidate with the fewest votes would be defeated, all active | ||||||
4 | candidates in the elimination batch are simultaneously | ||||||
5 | defeated instead. An active candidate is in the elimination | ||||||
6 | batch if the number of elected and active candidates with more | ||||||
7 | votes than that candidate is greater than the number of | ||||||
8 | offices to be elected, and it is mathematically impossible for | ||||||
9 | that candidate to be elected for any of the following reasons: | ||||||
10 | (1) The candidate could never win because the | ||||||
11 | candidate's current vote total plus all votes that could | ||||||
12 | possibly be transferred to the candidate in future rounds | ||||||
13 | would not be enough to equal or surpass the active | ||||||
14 | candidate with the next higher current vote total. | ||||||
15 | (2) The candidate has a lower current vote total than | ||||||
16 | an active candidate who is described in paragraph (1).
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17 | (10 ILCS 5/22A-45 new) | ||||||
18 | Sec. 22A-45. Inactive ballots and undervotes. | ||||||
19 | (a) In any round of tabulation in an election conducted by | ||||||
20 | ranked choice voting, an inactive ballot does not count for | ||||||
21 | any candidate. A ballot is inactive if any of the following is | ||||||
22 | true: | ||||||
23 | (1) It does not contain any active candidates and is | ||||||
24 | not an undervote. | ||||||
25 | (2) It has reached an overvote. |
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1 | (3) It has reached 2 consecutive skipped rankings. | ||||||
2 | (b) A ballot that is under-voted does not count as an | ||||||
3 | active or inactive ballot in any round of tabulation.
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4 | (10 ILCS 5/22A-50 new) | ||||||
5 | Sec. 22A-50. Precinct returns. | ||||||
6 | (a) For elections for an office elected by ranked choice | ||||||
7 | voting, precinct returns must include, at minimum, the number | ||||||
8 | of votes in the first ranking for each candidate. | ||||||
9 | (b) The processes for making precinct returns, as | ||||||
10 | described in Articles 7, 17, and 18, may be modified by the | ||||||
11 | State Board of Elections or other election authority to allow | ||||||
12 | for compliance with this Section.
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13 | (10 ILCS 5/22A-55 new) | ||||||
14 | Sec. 22A-55. Rights of political parties. For all | ||||||
15 | statutory and constitutional provisions in the State | ||||||
16 | pertaining to the rights of political parties or the number of | ||||||
17 | votes cast for an officer or candidate, the number of votes | ||||||
18 | cast for a party's candidate for an office elected by ranked | ||||||
19 | choice voting is the number of votes credited to that | ||||||
20 | candidate in the first ranked choice tabulation described in | ||||||
21 | Section 22A-25.
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22 | (10 ILCS 5/22A-60 new) | ||||||
23 | Sec. 22A-60. Adoption of rules. The State Board of |
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2 | Article.
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