Bill Text: IL SB2363 | 2023-2024 | 103rd General Assembly | Introduced

---

Bill Title: Amends the Election Code. Provides that notwithstanding any provision to the contrary, all elections shall be conducted by ranked choice voting. Sets forth State Board of Elections procedures for counting ranked choice ballots. Creates an open-primary system. Provides that primary ballots shall list each candidate for office, regardless of party affiliation, participating in the primary election. Provides that the 2 candidates in any primary that received the most votes in the primary election, regardless of party affiliation of the candidates, shall be the only 2 candidates certified for participation in the general election. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2025-01-07 - Session Sine Die [SB2363 Detail]

Download: Illinois-2023-SB2363-Introduced.html

---

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2363 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
10 ILCS 5/1-23 new
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/7-44 from Ch. 46, par. 7-44
10 ILCS 5/7-60 from Ch. 46, par. 7-60
10 ILCS 5/17-45 new
10 ILCS 5/18-45 new
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/19-4.5 new
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1
10 ILCS 5/20-3 from Ch. 46, par. 20-3
10 ILCS 5/20-4 from Ch. 46, par. 20-4
10 ILCS 5/20-4.5 new
10 ILCS 5/20-5 from Ch. 46, par. 20-5
10 ILCS 5/20-8 from Ch. 46, par. 20-8
10 ILCS 5/7-2 rep.
10 ILCS 5/7-3 rep.
10 ILCS 5/Art. 10 rep.
Amends the Election Code. Provides that notwithstanding any provision to the contrary, all elections shall be conducted by ranked choice voting. Sets forth State Board of Elections procedures for counting ranked choice ballots. Creates an open-primary system. Provides that primary ballots shall list each candidate for office, regardless of party affiliation, participating in the primary election. Provides that the 2 candidates in any primary that received the most votes in the primary election, regardless of party affiliation of the candidates, shall be the only 2 candidates certified for participation in the general election. Makes conforming changes.
LRB103 30774 BMS 57261 b
A BILL FOR
SB2363 LRB103 30774 BMS 57261 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 7-10, 7-43, 7-44, 7-60, 19-3, 19-4, 19-5, 19-8,
19-12.1, 20-3, 20-4, 20-5, and 20-8 and by adding Sections
1-23, 17-45, 18-45, 19-4.5, and 20-4.5 as follows:
(10 ILCS 5/1-23 new)
Sec. 1-23. Ranked choice voting.
(a) As used in this Section:
"Continuing candidate" means a candidate who has not been
defeated.
"Inactive ballot" means a ballot that is no longer
tabulated, either in whole or in part, by the State Board of
Elections because the ballot does not rank any continuing
candidate, contains an overvote at the highest continuing
ranking, or contains 2 or more sequential skipped rankings
before its highest continuing ranking.
"Overvote" means an instance in which a voter has assigned
the same ranking to more than one candidate.
"Ranking" or "ranked" means the number assigned by a voter
to a candidate to express the voter's choice for that
candidate; a ranking of "1" is the highest ranking, followed

SB2363 - 2 - LRB103 30774 BMS 57261 b
by "2", and then "3", and so on in ascending numerical order.
"Round" means an instance of the sequence of voting
tabulation in a general election.
"Skipped ranking" means a blank ranking on a ballot on
which a voter has ranked another candidate at a subsequent
ranking.
(b) Notwithstanding any provision of this Code to the
contrary, all elections shall be conducted by ranked choice
voting.
(c) The State Board of Elections shall count ballots in a
general election as follows:
(1) A ballot containing an overvote shall be
considered an inactive ballot once the overvote is
encountered at the highest ranking for a continuing
candidate.
(2) If a ballot contains a skipped ranking, then the
State Board of Elections shall count the next ranking; if
the next ranking is another skipped ranking, then the
ballot shall be considered an inactive ballot.
(3) The State Board of Elections may not count an
inactive ballot for any candidate.
(4) If there is a tie between the final 2 continuing
candidates or a tie between 2 candidates with the fewest
votes, then the tie shall be resolved by lot to determine
which candidate is defeated.
(d) The State Board of Elections shall count each validly

SB2363 - 3 - LRB103 30774 BMS 57261 b
cast ballot as one vote for the highest-ranking continuing
candidate on that ballot or as an inactive ballot as follows:
(1) if a candidate is highest-ranked on more than
one-half of the active ballots, then that candidate is
elected and the tabulation is complete; otherwise,
tabulation continues under paragraph (2) of this
subsection;
(2) if 2 or fewer continuing candidates remain, then
the candidate with the greatest number of votes is elected
and the tabulation is complete; otherwise, tabulation
continues under paragraph (3) of this subsection; and
(3) the candidate with the fewest votes is defeated,
votes cast for the defeated candidate shall cease counting
for the defeated candidate and shall be added to the
totals of each ballot's next-highest-ranked continuing
candidate or considered an inactive ballot, and a new
round of tabulation begins under paragraph (1) of this
subsection.
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. The name of no
candidate for nomination, or State central committeeperson, or
township committeeperson, or precinct committeeperson, or ward
committeeperson or candidate for delegate or alternate
delegate to national nominating conventions, shall be printed
upon the primary ballot unless a petition for nomination has

SB2363 - 4 - LRB103 30774 BMS 57261 b
been filed in his behalf as provided in this Article in
substantially the following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party,
in the .... of ...., in the county of .... and State of
Illinois, do hereby petition that the following named person
or persons shall be a candidate or candidates of the .... party
for the nomination for (or in case of committeepersons for
election to) the office or offices hereinafter specified, to
be voted for at the primary election to be held on (insert
date).
Name Office Address
John Jones Governor Belvidere, Ill.
Jane James Lieutenant Governor Peoria, Ill.
Thomas Smith Attorney General Oakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I reside at No. ....
street, in the .... of ...., county of ...., and State of
....., that I am 18 years of age or older, that I am a citizen
of the United States, and that the signatures on this sheet
were signed in my presence, and are genuine, and that to the

SB2363 - 5 - LRB103 30774 BMS 57261 b
best of my knowledge and belief the persons so signing were at
the time of signing the petitions qualified voters of the ....
party, and that their respective residences are correctly
stated, as above set forth.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an
appropriate heading giving the information as to name of
candidate or candidates, in whose behalf such petition is
signed; the office, the political party that the candidate
prefers, represented and place of residence; and the heading
of each sheet shall be the same.
Such petition shall be signed by qualified primary
electors residing in the political division for which the
nomination is sought in their own proper persons only and
opposite the signature of each signer, his residence address
shall be written or printed. The residence address required to
be written or printed opposite each qualified primary
elector's name shall include the street address or rural route
number of the signer, as the case may be, as well as the
signer's county, and city, village or town, and state.
However, the county or city, village or town, and state of

SB2363 - 6 - LRB103 30774 BMS 57261 b
residence of the electors may be printed on the petition forms
where all of the electors signing the petition reside in the
same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address,
including street number, if any. At the bottom of each sheet of
such petition shall be added a circulator statement signed by
a person 18 years of age or older who is a citizen of the
United States, stating the street address or rural route
number, as the case may be, as well as the county, city,
village or town, and state; and certifying that the signatures
on that sheet of the petition were signed in his or her
presence and certifying that the signatures are genuine; and
either (1) indicating the dates on which that sheet was
circulated, or (2) indicating the first and last dates on
which the sheet was circulated, or (3) for elections where the
petition circulation period is 90 days, certifying that none
of the signatures on the sheet were signed more than 90 days
preceding the last day for the filing of the petition, or (4)
for the 2022 general primary election only, certify that the
signatures on the sheet were signed during the period of
January 13, 2022 through March 14, 2022 or certify that the
signatures on the sheet were signed during the period of
January 13, 2022 through the date on which this statement was
sworn or affirmed to and certifying that to the best of his or
her knowledge and belief the persons so signing were at the
time of signing the petitions qualified voters of the election

SB2363 - 7 - LRB103 30774 BMS 57261 b
political party for which a nomination is sought. Such
statement shall be sworn to before some officer authorized to
administer oaths in this State.
Except as otherwise provided in this Code, no petition
sheet shall be circulated more than 90 days preceding the last
day provided in Section 7-12 for the filing of such petition.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All petition
sheets which are filed with the proper local election
officials, election authorities or the State Board of
Elections shall be the original sheets which have been signed
by the voters and by the circulator thereof, and not

SB2363 - 8 - LRB103 30774 BMS 57261 b
photocopies or duplicates of such sheets. Each petition must
include as a part thereof, a statement of candidacy for each of
the candidates filing, or in whose behalf the petition is
filed. This statement shall set out the address of such
candidate, the office for which he is a candidate, shall state
that the candidate is a qualified primary voter of the
election for party to which the petition relates and is
qualified for the office specified (in the case of a candidate
for State's Attorney it shall state that the candidate is at
the time of filing such statement a licensed attorney-at-law
of this State), shall state that he has filed (or will file
before the close of the petition filing period) a statement of
economic interests as required by the Illinois Governmental
Ethics Act, shall request that the candidate's name be placed
upon the official ballot, and shall be subscribed and sworn to
by such candidate before some officer authorized to take
acknowledgment of deeds in the State and shall be in
substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois
State of Illinois)
) ss.

SB2363 - 9 - LRB103 30774 BMS 57261 b
County of .......)
I, ...., being first duly sworn, say that I reside at ....
Street in the city (or village) of ...., in the county of ....,
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of the .... party; that I am a
candidate for nomination (for election in the case of
committeeperson and delegates and alternate delegates) to the
office of .... to be voted upon at the primary election to be
held on (insert date); that I am legally qualified (including
being the holder of any license that may be an eligibility
requirement for the office I seek the nomination for) to hold
such office and that I have filed (or I will file before the
close of the petition filing period) a statement of economic
interests as required by the Illinois Governmental Ethics Act
and I hereby request that my name be printed upon the official
primary ballot for nomination for (or election to in the case
of committeepersons and delegates and alternate delegates)
such office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).
Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or added

SB2363 - 10 - LRB103 30774 BMS 57261 b
to, and no signatures shall be revoked except by revocation
filed in writing with the State Board of Elections, election
authority or local election official with whom the petition is
required to be filed, and before the filing of such petition.
Whoever forges the name of a signer upon any petition required
by this Article is deemed guilty of a forgery and on conviction
thereof shall be punished accordingly.
A candidate for the offices listed in this Section must
obtain the number of signatures specified in this Section on
his or her petition for nomination.
(a) Statewide office or delegate to a national nominating
convention. Except as otherwise provided in this Code, if a
candidate seeks to run for statewide office or as a delegate or
alternate delegate to a national nominating convention elected
from the State at-large, then the candidate's petition for
nomination must contain at least 5,000 but not more than
10,000 signatures.
(b) Congressional office or congressional delegate to a
national nominating convention. Except as otherwise provided
in this Code, if a candidate seeks to run for United States
Congress or as a congressional delegate or alternate
congressional delegate to a national nominating convention
elected from a congressional district, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in his or her congressional district. In the

SB2363 - 11 - LRB103 30774 BMS 57261 b
first primary election following a redistricting of
congressional districts, a candidate's petition for nomination
must contain at least 600 signatures of qualified primary
electors of the candidate's political party in his or her
congressional district.
(c) County office. Except as otherwise provided in this
Code, if a candidate seeks to run for any countywide office,
including, but not limited to, county board chairperson or
county board member, elected on an at-large basis, in a county
other than Cook County, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party who
cast votes at the last preceding general election in his or her
county. If a candidate seeks to run for county board member
elected from a county board district, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the county board district. In the first
primary election following a redistricting of county board
districts or the initial establishment of county board
districts, a candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the
qualified electors of his or her party in the entire county who
cast votes at the last preceding general election divided by
the total number of county board districts comprising the
county board; provided that in no event shall the number of

SB2363 - 12 - LRB103 30774 BMS 57261 b
signatures be less than 25.
(d) County office; Cook County only.
(1) If a candidate seeks to run for countywide office
in Cook County, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
who cast votes at the last preceding general election in
Cook County.
(2) If a candidate seeks to run for Cook County Board
Commissioner, then the candidate's petition for nomination
must contain at least the number of signatures equal to
0.5% of the qualified primary electors of his or her party
in his or her county board district. In the first primary
election following a redistricting of Cook County Board of
Commissioners districts, a candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
in the entire county who cast votes at the last preceding
general election divided by the total number of county
board districts comprising the county board; provided that
in no event shall the number of signatures be less than 25.
(3) Except as otherwise provided in this Code, if a
candidate seeks to run for Cook County Board of Review
Commissioner, which is elected from a district pursuant to
subsection (c) of Section 5-5 of the Property Tax Code,
then the candidate's petition for nomination must contain

SB2363 - 13 - LRB103 30774 BMS 57261 b
at least the number of signatures equal to 0.5% of the
total number of registered voters in his or her board of
review district in the last general election at which a
commissioner was regularly scheduled to be elected from
that board of review district. In no event shall the
number of signatures required be greater than the
requisite number for a candidate who seeks countywide
office in Cook County under subsection (d)(1) of this
Section. In the first primary election following a
redistricting of Cook County Board of Review districts, a
candidate's petition for nomination must contain at least
4,000 signatures or at least the number of signatures
required for a countywide candidate in Cook County,
whichever is less, of the qualified electors of his or her
party in the district.
(e) Municipal or township office. If a candidate seeks to
run for municipal or township office, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the municipality or township. If a
candidate seeks to run for alderperson of a municipality, then
the candidate's petition for nomination must contain at least
the number of signatures equal to 0.5% of the qualified
primary electors of his or her party of the ward. In the first
primary election following redistricting of wards or trustee
districts of a municipality or the initial establishment of

SB2363 - 14 - LRB103 30774 BMS 57261 b
wards or districts, a candidate's petition for nomination must
contain the number of signatures equal to at least 0.5% of the
total number of votes cast for the candidate of that political
party who received the highest number of votes in the entire
municipality at the last regular election at which an officer
was regularly scheduled to be elected from the entire
municipality, divided by the number of wards or districts. In
no event shall the number of signatures be less than 25.
(f) State central committeeperson. If a candidate seeks to
run for State central committeeperson, then the candidate's
petition for nomination must contain at least 100 signatures
of the primary electors of his or her party of his or her
congressional district.
(g) Sanitary district trustee. Except as otherwise
provided in this Code, if a candidate seeks to run for trustee
of a sanitary district in which trustees are not elected from
wards, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
primary electors of his or her party from the sanitary
district. If a candidate seeks to run for trustee of a sanitary
district in which trustees are elected from wards, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the primary electors of
his or her party in the ward of that sanitary district. In the
first primary election following redistricting of sanitary
districts elected from wards, a candidate's petition for

SB2363 - 15 - LRB103 30774 BMS 57261 b
nomination must contain at least the signatures of 150
qualified primary electors of his or her ward of that sanitary
district.
(h) Judicial office. Except as otherwise provided in this
Code, if a candidate seeks to run for judicial office in a
district, then the candidate's petition for nomination must
contain the number of signatures equal to 0.4% of the number of
votes cast in that district for the candidate for his or her
political party for the office of Governor at the last general
election at which a Governor was elected, but in no event less
than 500 signatures. If a candidate seeks to run for judicial
office in a circuit or subcircuit, then the candidate's
petition for nomination must contain the number of signatures
equal to 0.25% of the number of votes cast for the judicial
candidate of his or her political party who received the
highest number of votes at the last general election at which a
judicial officer from the same circuit or subcircuit was
regularly scheduled to be elected, but in no event less than
1,000 signatures in circuits and subcircuits located in the
First Judicial District or 500 signatures in every other
Judicial District.
(i) Precinct, ward, and township committeeperson. Except
as otherwise provided in this Code, if a candidate seeks to run
for precinct committeeperson, then the candidate's petition
for nomination must contain at least 10 signatures of the
primary electors of his or her party for the precinct. If a

SB2363 - 16 - LRB103 30774 BMS 57261 b
candidate seeks to run for ward committeeperson, then the
candidate's petition for nomination must contain no less than
the number of signatures equal to 10% of the primary electors
of his or her party of the ward, but no more than 16% of those
same electors; provided that the maximum number of signatures
may be 50 more than the minimum number, whichever is greater.
If a candidate seeks to run for township committeeperson, then
the candidate's petition for nomination must contain no less
than the number of signatures equal to 5% of the primary
electors of his or her party of the township, but no more than
8% of those same electors; provided that the maximum number of
signatures may be 50 more than the minimum number, whichever
is greater.
(j) State's attorney or regional superintendent of schools
for multiple counties. If a candidate seeks to run for State's
attorney or regional Superintendent of Schools who serves more
than one county, then the candidate's petition for nomination
must contain at least the number of signatures equal to 0.5% of
the primary electors of his or her party in the territory
comprising the counties.
(k) Any other office. If a candidate seeks any other
office, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
registered voters of the political subdivision, district, or
division for which the nomination is made or 25 signatures,
whichever is greater.

SB2363 - 17 - LRB103 30774 BMS 57261 b
For purposes of this Section the number of primary
electors shall be determined by taking the total vote cast, in
the applicable district, for the candidate for that political
party who received the highest number of votes, statewide, at
the last general election in the State at which electors for
President of the United States were elected. For political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the political subdivision at the last regular election at
which an officer was regularly scheduled to be elected from
that subdivision. For wards or districts of political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the ward or district at the last regular election at which
an officer was regularly scheduled to be elected from that
ward or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
The changes made to this Section by Public Act 93-574 are
declarative of existing law, except for item (3) of subsection
(d).
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the

SB2363 - 18 - LRB103 30774 BMS 57261 b
names of 2 or more candidates of the same political party for
the same or different offices. In the case of the offices of
Governor and Lieutenant Governor, a joint petition including
one candidate for each of those offices must be filed.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21;
102-692, eff. 1-7-22.)
(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
Sec. 7-43. Every person having resided in this State 6
months and in the precinct 30 days next preceding any primary
therein who shall be a citizen of the United States of the age
of 18 or more years shall be entitled to vote at such primary.
The following regulations shall be applicable to
primaries:
No person shall be entitled to vote at a primary:
(a) Unless he declares his party affiliations as
required by this Article.
(b) (Blank).
(c) (Blank).
(c.5) If that person has participated in the town
political party caucus, under Section 45-50 of the
Township Code, of another political party by signing
an affidavit of voters attending the caucus within 45
days before the first day of the calendar month in
which the primary is held.
(d) (Blank).

SB2363 - 19 - LRB103 30774 BMS 57261 b
(a) In cities, villages, and incorporated towns having
a board of election commissioners, only voters registered
as provided by Article 6 of this Code Act shall be entitled
to vote at such primary.
(b) No person shall be entitled to vote at a primary
unless he or she is registered under the provisions of
Article Articles 4, 5, or 6 of this Code Act, when his or
her registration is required by any of said Articles to
entitle him or her to vote at the election with reference
to which the primary is held.
A person (i) who filed a statement of candidacy for a
partisan office as a qualified primary voter of an established
political party or (ii) who voted the ballot of an established
political party at a general primary election may not file a
statement of candidacy as a candidate of a different
established political party, a new political party, or as an
independent candidate for a partisan office to be filled at
the general election immediately following the general primary
for which the person filed the statement or voted the ballot. A
person may file a statement of candidacy for a partisan office
as a qualified primary voter of an established political party
regardless of any prior filing of candidacy for a partisan
office or voting the ballot of an established political party
at any prior election.
(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

SB2363 - 20 - LRB103 30774 BMS 57261 b
(10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
Sec. 7-44. Voters; primary ballot. Any person desiring to
vote at a primary shall state his or her name and , residence
and party affiliation to the primary judges, one of whom shall
thereupon announce the same in a distinct tone of voice,
sufficiently loud to be heard by all persons in the polling
place. When article 4, 5, or 6 is applicable the Certificate of
Registered Voter therein prescribed shall be made and signed
and the official poll record shall be made. If the person
desiring to vote is not challenged, one of the primary judges
shall give to him or her one, and only one, primary ballot
listing each candidate for office, regardless of party
affiliation, participating in the primary election of the
political party with which he declares himself affiliated, on
the back of which the such primary judge shall endorse his or
her initials in such manner that they may be seen when the
primary ballot is properly folded. If the person desiring to
vote is challenged he or she shall not receive a primary ballot
from the primary judges until he or she shall have established
his or her right to vote as hereinafter provided in this
Article. No person who refuses to state his party affiliation
shall be allowed to vote at a primary.
A person who declares his party affiliation with a
statewide established political party and requests a primary
ballot of such party may nonetheless also declare his
affiliation with a political party established only within a

SB2363 - 21 - LRB103 30774 BMS 57261 b
political subdivision, and may also vote in the primary of
such local party on the same election day, provided that such
voter may not vote in both such party primaries with respect to
offices of the same political subdivision. However, no person
declaring his affiliation with a statewide established
political party may vote in the primary of any other statewide
political party on the same election day.
(Source: P.A. 81-1535.)
(10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
Sec. 7-60. Not less than 74 days before the date of the
general election, the State Board of Elections shall certify
to the county clerks the names of each of the candidates who
have been nominated as shown by the proclamation of the State
Board of Elections as a canvassing board or who have been
nominated to fill a vacancy in nomination and direct the
election authority to place upon the official ballot for the
general election the names of such candidates in the same
manner and in the same order as shown upon the certification,
except as otherwise provided in this Code.
Notwithstanding any other provision of law, the 2
candidates in any primary that received the most votes in the
primary election, regardless of party affiliation of the
candidates, shall be the only 2 candidates certified for
participation in the general election.
Except as otherwise provided in this Code, not less than

SB2363 - 22 - LRB103 30774 BMS 57261 b
68 days before the date of the general election, each county
clerk shall certify the names of each of the candidates for
county offices who have been nominated as shown by the
proclamation of the county election authority or who have been
nominated to fill a vacancy in nomination and declare that the
names of such candidates for the respective offices shall be
placed upon the official ballot for the general election in
the same manner and in the same order as shown upon the
certification, except as otherwise provided by this Section.
Each county clerk shall place a copy of the certification on
file in his or her office and at the same time issue to the
State Board of Elections a copy of such certification. In
addition, each county clerk in whose county there is a board of
election commissioners shall, not less than 68 days before the
date of the general election, issue to such board a copy of the
certification that has been filed in the county clerk's
office, together with a copy of the certification that has
been issued to the clerk by the State Board of Elections, with
directions to the board of election commissioners to place
upon the official ballot for the general election in that
election jurisdiction the names of all candidates that are
listed on such certifications, in the same manner and in the
same order as shown upon such certifications, except as
otherwise provided in this Section.
Whenever there are two or more persons nominated by the
same political party for multiple offices for any board, the

SB2363 - 23 - LRB103 30774 BMS 57261 b
name of the candidate of such party receiving the highest
number of votes in the primary election as a candidate for such
office, as shown by the official election returns of the
primary, shall be certified first under the name of such
offices, and the names of the remaining candidates of such
party for such offices shall follow in the order of the number
of votes received by them respectively at the primary election
as shown by the official election results.
No person who is shown by the final proclamation to have
been nominated or elected at the primary as a write-in
candidate shall have his or her name certified unless such
person shall have filed with the certifying office or board
within 10 days after the election authority's proclamation a
statement of candidacy pursuant to Section 7-10, a statement
pursuant to Section 7-10.1, and a receipt for the filing of a
statement of economic interests in relation to the unit of
government to which he or she has been elected or nominated.
Each county clerk and board of election commissioners
shall determine by a fair and impartial method of random
selection the order of placement of established political
party candidates for the general election ballot. Such
determination shall be made within 30 days following the
canvass and proclamation of the results of the general primary
in the office of the county clerk or board of election
commissioners and shall be open to the public. Seven days
written notice of the time and place of conducting such random

SB2363 - 24 - LRB103 30774 BMS 57261 b
selection shall be given, by each such election authority, to
the County Chair of each established political party, and to
each organization of citizens within the election jurisdiction
which was entitled, under this Article, at the next preceding
election, to have pollwatchers present on the day of election.
Each election authority shall post in a conspicuous, open and
public place, at the entrance of the election authority
office, notice of the time and place of such lottery. However,
a board of election commissioners may elect to place
established political party candidates on the general election
ballot in the same order determined by the county clerk of the
county in which the city under the jurisdiction of such board
is located.
Each certification shall indicate, where applicable, the
following:
(1) The political party affiliation of the candidates
for the respective offices;
(2) If there is to be more than one candidate elected
to an office from the State, political subdivision or
district;
(3) If the voter has the right to vote for more than
one candidate for an office;
(4) The term of office, if a vacancy is to be filled
for less than a full term or if the offices to be filled in
a political subdivision are for different terms.
The State Board of Elections or the county clerk, as the

SB2363 - 25 - LRB103 30774 BMS 57261 b
case may be, shall issue an amended certification whenever it
is discovered that the original certification is in error.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/17-45 new)
Sec. 17-45. Ranked choice voting. Notwithstanding any
provision of this Article to the contrary, all elections shall
comply with Section 1-23.
(10 ILCS 5/18-45 new)
Sec. 18-45. Ranked choice voting. Notwithstanding any
provision of this Article to the contrary, all elections shall
comply with Section 1-23.
(10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
Sec. 19-3. Application for a vote by mail ballot.
(a) The application for a vote by mail ballot for a single
election shall be substantially in the following form:
APPLICATION FOR VOTE BY MAIL BALLOT
To be voted at the .... election in the County of .... and
State of Illinois, in the .... precinct of the (1) *township of
.... (2) *City of .... or (3) *.... ward in the City of ....
I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois; that I have lived at such

SB2363 - 26 - LRB103 30774 BMS 57261 b
address for .... month(s) last past; that I am lawfully
entitled to vote in such precinct at the .... election to be
held therein on ....; and that I wish to vote by vote by mail
ballot.
I hereby make application for an official ballot or
ballots to be voted by me at such election, and I agree that I
shall return such ballot or ballots to the official issuing
the same prior to the closing of the polls on the date of the
election or, if returned by mail, postmarked no later than
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the
14th day following election day.
I understand that this application is made for an official
vote by mail ballot or ballots to be voted by me at the
election specified in this application and that I must submit
a separate application for an official vote by mail ballot or
ballots to be voted by me at any subsequent election.
Under penalties as provided by law pursuant to Section
29-10 of the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
*fill in either (1), (2) or (3).
Post office address to which ballot is mailed:
...............
(a-5) The application for a single vote by mail ballot
transmitted electronically pursuant to Section 19-2.6 shall be

SB2363 - 27 - LRB103 30774 BMS 57261 b
substantively similar to the application for a vote by mail
ballot for a single election and shall include:
I swear or affirm that I am a voter with a print
disability, and, as a result of this disability, I am
making a request to receive a vote by mail ballot
electronically so that I may privately and independently
mark, verify, and print my vote by mail ballot.
(b) The application for permanent vote by mail status
shall be substantially in the following form:
APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
I am currently a registered voter and wish to apply for
permanent vote by mail status.
I state that I am a resident of the City of .... residing
at .... in such city in the county of .... and State of
Illinois; that I have lived at such address for .... month(s)
last past; that I am lawfully entitled to vote in such precinct
at the .... election to be held therein on ....; and that I
wish to vote by vote by mail ballot in:
..... all subsequent elections that do not require a party
designation.
..... all subsequent elections, and I wish to receive a
................... Party vote by mail ballot in
elections that require a party designation.
I hereby make application for an official ballot or
ballots to be voted by me at such election, and I agree that I
shall return such ballot or ballots to the official issuing

SB2363 - 28 - LRB103 30774 BMS 57261 b
the same prior to the closing of the polls on the date of the
election or, if returned by mail, postmarked no later than
election day, for counting no later than during the period for
counting provisional ballots, the last day of which is the
14th day following election day.
Under penalties as provided by law under Section 29-10 of
the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
....
Post office address to which ballot is mailed:
...............
(b-5) The application for permanent vote by mail ballots
transmitted electronically pursuant to Section 19-2.6 shall be
substantively similar to the application for permanent vote by
mail status and shall include:
I swear or affirm that I am a voter with a
non-temporary print disability, and as a result of this
disability, I am making a request to receive vote by mail
ballots electronically so that I may privately and
independently mark, verify, and print my vote by mail
ballots.
(c) (Blank). However, if application is made for a primary
election ballot, such application shall require the applicant
to designate the name of the political party with which the
applicant is affiliated. The election authority shall allow
any voter on permanent vote by mail status to change his or her

SB2363 - 29 - LRB103 30774 BMS 57261 b
party affiliation for a primary election ballot by a method
and deadline published and selected by the election authority.
(d) If application is made electronically, the applicant
shall mark the box associated with the above described
statement included as part of the online application
certifying that the statements set forth in the application
under subsection (a) or (b) are true and correct, and a
signature is not required.
(e) Any person may produce, reproduce, distribute, or
return to an election authority an application under this
Section. If applications are sent to a post office box
controlled by any individual or organization that is not an
election authority, those applications shall (i) include a
valid and current phone number for the individual or
organization controlling the post office box and (ii) be
turned over to the appropriate election authority within 7
days of receipt or, if received within 2 weeks of the election
in which an applicant intends to vote, within 2 days of
receipt. Failure to turn over the applications in compliance
with this paragraph shall constitute a violation of this Code
and shall be punishable as a petty offense with a fine of $100
per application. Removing, tampering with, or otherwise
knowingly making the postmark on the application unreadable by
the election authority shall establish a rebuttable
presumption of a violation of this paragraph. Upon receipt,
the appropriate election authority shall accept and promptly

SB2363 - 30 - LRB103 30774 BMS 57261 b
process any application under this Section submitted in a form
substantially similar to that required by this Section,
including any substantially similar production or reproduction
generated by the applicant.
(f) An election authority may combine the applications in
subsections (a) and (b) onto one form, but the distinction
between the applications must be clear and the form must
provide check boxes for an applicant to indicate whether he or
she is applying for a single election vote by mail ballot or
for permanent vote by mail status.
(Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22.)
(10 ILCS 5/19-4.5 new)
Sec. 19-4.5. Absentee primary ballots.
(a) Notwithstanding any other provision of law, a person
entitled to vote by absentee ballot at a primary shall not be
required to declare his or her political party affiliation and
shall be provided with the ballot listing all candidates for
offices for which the absentee voter is entitled to vote at
that primary. The ballots provided for absentee voters shall
be the same open-primary ballots as provided under Section
7-44.
(b) With respect to the marking, casting, and counting of
primary ballots, absentee voting shall be conducted in
accordance with Sections 7-43 and 7-44 as well as the
provisions of this Article.

SB2363 - 31 - LRB103 30774 BMS 57261 b
(10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
Sec. 19-5. Folding and enclosure of ballots in unsealed
envelope; address on envelope; certification; instructions for
marking and returning ballots. It shall be the duty of the
election authority to fold the ballot or ballots in the manner
specified by the statute for folding ballots prior to their
deposit in the ballot box, and to enclose such ballot or
ballots in an envelope unsealed to be furnished by him, which
envelope shall bear upon the face thereof the name, official
title and post office address of the election authority, and
upon the other side a printed certification in substantially
the following form:
I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois, that I have lived at such
address for .... months last past; and that I am lawfully
entitled to vote in such precinct at the .... election to be
held on .....
*fill in either (1), (2) or (3).
I further state that I personally marked the enclosed
ballot in secret.
Under penalties of perjury as provided by law pursuant to
Section 29-10 of The Election Code, the undersigned certifies
that the statements set forth in this certification are true

SB2363 - 32 - LRB103 30774 BMS 57261 b
and correct.
.......................
If the ballot is to go to an elector who is physically
incapacitated and needs assistance marking the ballot, the
envelope shall bear upon the back thereof a certification in
substantially the following form:
I state that I am a resident of the .... precinct of the
(1) *township of .... (2) *City of .... or (3) *.... ward in
the city of .... residing at .... in such city or town in the
county of .... and State of Illinois, that I have lived at such
address for .... months last past; that I am lawfully entitled
to vote in such precinct at the .... election to be held on
....; that I am physically incapable of personally marking the
ballot for such election.
*fill in either (1), (2) or (3).
I further state that I marked the enclosed ballot in
secret with the assistance of
.................................
(Individual rendering assistance)
.................................
(Residence Address)
Under penalties of perjury as provided by law pursuant to
Section 29-10 of The Election Code, the undersigned certifies
that the statements set forth in this certification are true
and correct.
.......................

SB2363 - 33 - LRB103 30774 BMS 57261 b
In the case of a voter with a physical incapacity, marking
a ballot in secret includes marking a ballot with the
assistance of another individual, other than a candidate whose
name appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the
voter's employer, an agent of that employer, or an officer or
agent of the voter's union, when the voter's physical
incapacity necessitates such assistance.
In the case of a physically incapacitated voter, marking a
ballot in secret includes marking a ballot with the assistance
of another individual, other than a candidate whose name
appears on the ballot (unless the voter is the spouse or a
parent, child, brother, or sister of the candidate), the
voter's employer, an agent of that employer, or an officer or
agent of the voter's union, when the voter's physical
incapacity necessitates such assistance.
Provided, that if the ballot enclosed is to be voted at a
primary election, the certification shall designate the name
of the political party with which the voter is affiliated.
In addition to the above, the election authority shall
provide printed slips, or an electronic version thereof for
voters voting by mail pursuant to Section 19-2.6, giving full
instructions regarding the manner of marking and returning the
ballot in order that the same may be counted, and shall furnish
one of such printed slips or the electronic version thereof
for voters voting by mail pursuant to Section 19-2.6 to each of

SB2363 - 34 - LRB103 30774 BMS 57261 b
such applicants at the same time the ballot is delivered to
him. Such instructions shall include the following statement:
"In signing the certification on the vote by mail ballot
envelope, you are attesting that you personally marked this
vote by mail ballot in secret. If you are physically unable to
mark the ballot, a friend or relative may assist you after
completing the enclosed affidavit. Federal and State laws
prohibit a candidate whose name appears on the ballot (unless
you are the spouse or a parent, child, brother, or sister of
the candidate), your employer, your employer's agent or an
officer or agent of your union from assisting voters with
physical disabilities."
In addition to the above, if a ballot to be provided to an
elector pursuant to this Section contains a public question
described in subsection (b) of Section 28-6 and the territory
concerning which the question is to be submitted is not
described on the ballot due to the space limitations of such
ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a
description of the territory in the manner required by Section
16-7. The notice shall be furnished to the elector at the same
time the ballot is delivered to the elector.
Election authorities transmitting ballots by electronic
transmission pursuant to Section 19-2.6 shall, to the greatest
extent possible, provide those applicants with the same
instructions, certifications, and other balloting materials

SB2363 - 35 - LRB103 30774 BMS 57261 b
required when sending ballots by mail.
(Source: P.A. 102-819, eff. 5-13-22.)
(10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
Sec. 19-8. Time and place of counting ballots.
(a) (Blank.)
(b) Each vote by mail voter's ballot returned to an
election authority, by any means authorized by this Article,
and received by that election authority before the closing of
the polls on election day shall be endorsed by the receiving
election authority with the day and hour of receipt and may be
processed by the election authority beginning on the day it is
received by the election authority in the central ballot
counting location of the election authority, but the results
of the processing may not be counted until the day of the
election after 7:00 p.m., except as provided in subsections
(g) and (g-5).
(c) Each vote by mail voter's ballot that is mailed to an
election authority and postmarked no later than election day,
but that is received by the election authority after the polls
close on election day and before the close of the period for
counting provisional ballots cast at that election, shall be
endorsed by the receiving authority with the day and hour of
receipt and shall be counted at the central ballot counting
location of the election authority during the period for
counting provisional ballots.

SB2363 - 36 - LRB103 30774 BMS 57261 b
Each vote by mail voter's ballot that is mailed to an
election authority absent a postmark or a barcode usable with
an intelligent mail barcode tracking system, but that is
received by the election authority after the polls close on
election day and before the close of the period for counting
provisional ballots cast at that election, shall be endorsed
by the receiving authority with the day and hour of receipt,
opened to inspect the date inserted on the certification, and,
if the certification date is election day or earlier and the
ballot is otherwise found to be valid under the requirements
of this Section, counted at the central ballot counting
location of the election authority during the period for
counting provisional ballots. Absent a date on the
certification, the ballot shall not be counted.
If an election authority is using an intelligent mail
barcode tracking system, a ballot that is mailed to an
election authority absent a postmark may be counted if the
intelligent mail barcode tracking system verifies the envelope
was mailed no later than election day.
(d) Special write-in vote by mail voter's blank ballots
returned to an election authority, by any means authorized by
this Article, and received by the election authority at any
time before the closing of the polls on election day shall be
endorsed by the receiving election authority with the day and
hour of receipt and shall be counted at the central ballot
counting location of the election authority during the same

SB2363 - 37 - LRB103 30774 BMS 57261 b
period provided for counting vote by mail voters' ballots
under subsections (b), (g), and (g-5). Special write-in vote
by mail voter's blank ballots that are mailed to an election
authority and postmarked no later than election day, but that
are received by the election authority after the polls close
on election day and before the closing of the period for
counting provisional ballots cast at that election, shall be
endorsed by the receiving authority with the day and hour of
receipt and shall be counted at the central ballot counting
location of the election authority during the same periods
provided for counting vote by mail voters' ballots under
subsection (c).
(e) Except as otherwise provided in this Section, vote by
mail voters' ballots and special write-in vote by mail voter's
blank ballots received by the election authority after the
closing of the polls on an election day shall be endorsed by
the election authority receiving them with the day and hour of
receipt and shall be safely kept unopened by the election
authority for the period of time required for the preservation
of ballots used at the election, and shall then, without being
opened, be destroyed in like manner as the used ballots of that
election.
(f) Counting required under this Section to begin on
election day after the closing of the polls shall commence no
later than 8:00 p.m. and shall be conducted by a panel or
panels of election judges appointed in the manner provided by

SB2363 - 38 - LRB103 30774 BMS 57261 b
law. The counting shall continue until all vote by mail
voters' ballots and special write-in vote by mail voter's
blank ballots required to be counted on election day have been
counted.
(g) The procedures set forth in Articles 17 and 18 and,
with respect to primaries, in Section 19-4.5 of this Code
shall apply to all ballots counted under this Section. In
addition, within 2 days after a vote by mail ballot is
received, but in all cases before the close of the period for
counting provisional ballots, the election judge or official
shall compare the voter's signature on the certification
envelope of that vote by mail ballot with the signature of the
voter on file in the office of the election authority. If the
election judge or official determines that the 2 signatures
match, and that the vote by mail voter is otherwise qualified
to cast a vote by mail ballot, the election authority shall
cast and count the ballot on election day or the day the ballot
is determined to be valid, whichever is later, adding the
results to the precinct in which the voter is registered. If
the election judge or official determines that the signatures
do not match, or that the vote by mail voter is not qualified
to cast a vote by mail ballot, then without opening the
certification envelope, the judge or official shall mark
across the face of the certification envelope the word
"Rejected" and shall not cast or count the ballot.
In addition to the voter's signatures not matching, a vote

SB2363 - 39 - LRB103 30774 BMS 57261 b
by mail ballot may be rejected by the election judge or
official:
(1) if the ballot envelope is open or has been opened
and resealed;
(2) if the voter has already cast an early or grace
period ballot;
(3) if the voter voted in person on election day or the
voter is not a duly registered voter in the precinct; or
(4) on any other basis set forth in this Code.
If the election judge or official determines that any of
these reasons apply, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
(g-5) If a vote by mail ballot is rejected by the election
judge or official for any reason, the election authority
shall, within 2 days after the rejection but in all cases
before the close of the period for counting provisional
ballots, notify the vote by mail voter that his or her ballot
was rejected. The notice shall inform the voter of the reason
or reasons the ballot was rejected and shall state that the
voter may appear before the election authority, on or before
the 14th day after the election, to show cause as to why the
ballot should not be rejected. The voter may present evidence
to the election authority supporting his or her contention
that the ballot should be counted. The election authority
shall appoint a panel of 3 election judges to review the

SB2363 - 40 - LRB103 30774 BMS 57261 b
contested ballot, application, and certification envelope, as
well as any evidence submitted by the vote by mail voter. No
more than 2 election judges on the reviewing panel shall be of
the same political party. The reviewing panel of election
judges shall make a final determination as to the validity of
the contested vote by mail ballot. The judges' determination
shall not be reviewable either administratively or judicially.
A vote by mail ballot subject to this subsection that is
determined to be valid shall be counted before the close of the
period for counting provisional ballots.
(g-10) All vote by mail ballots determined to be valid
shall be added to the vote totals for the precincts for which
they were cast in the order in which the ballots were opened.
(h) Each political party, candidate, and qualified civic
organization shall be entitled to have present one pollwatcher
for each panel of election judges therein assigned.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
(10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
Sec. 19-12.1. Any qualified elector who has secured an
Illinois Person with a Disability Identification Card in
accordance with the Illinois Identification Card Act,
indicating that the person named thereon has a Class 1A or
Class 2 disability or any qualified voter who has a permanent
physical incapacity of such a nature as to make it improbable
that he will be able to be present at the polls at any future

SB2363 - 41 - LRB103 30774 BMS 57261 b
election, or any voter who is a resident of (i) a federally
operated veterans' home, hospital, or facility located in
Illinois or (ii) a facility licensed or certified pursuant to
the Nursing Home Care Act, the Specialized Mental Health
Rehabilitation Act of 2013, the ID/DD Community Care Act, or
the MC/DD Act and has a condition or disability of such a
nature as to make it improbable that he will be able to be
present at the polls at any future election, may secure a
voter's identification card for persons with disabilities or a
nursing home resident's identification card, which will enable
him to vote under this Article as a physically incapacitated
or nursing home voter. For the purposes of this Section,
"federally operated veterans' home, hospital, or facility"
means the long-term care facilities at the Jesse Brown VA
Medical Center, Illiana Health Care System, Edward Hines, Jr.
VA Hospital, Marion VA Medical Center, and Captain James A.
Lovell Federal Health Care Center.
Application for a voter's identification card for persons
with disabilities or a nursing home resident's identification
card shall be made either: (a) in writing, with voter's sworn
affidavit, to the county clerk or board of election
commissioners, as the case may be, and shall be accompanied by
the affidavit of the attending physician, advanced practice
registered nurse, or a physician assistant specifically
describing the nature of the physical incapacity or the fact
that the voter is a nursing home resident and is physically

SB2363 - 42 - LRB103 30774 BMS 57261 b
unable to be present at the polls on election days; or (b) by
presenting, in writing or otherwise, to the county clerk or
board of election commissioners, as the case may be, proof
that the applicant has secured an Illinois Person with a
Disability Identification Card indicating that the person
named thereon has a Class 1A or Class 2 disability. Upon the
receipt of either the sworn-to application and the
physician's, advanced practice registered nurse's, or a
physician assistant's affidavit or proof that the applicant
has secured an Illinois Person with a Disability
Identification Card indicating that the person named thereon
has a Class 1A or Class 2 disability, the county clerk or board
of election commissioners shall issue a voter's identification
card for persons with disabilities or a nursing home
resident's identification card. Such identification cards
shall be issued for a period of 5 years, upon the expiration of
which time the voter may secure a new card by making
application in the same manner as is prescribed for the
issuance of an original card, accompanied by a new affidavit
of the attending physician, advanced practice registered
nurse, or a physician assistant. The date of expiration of
such five-year period shall be made known to any interested
person by the election authority upon the request of such
person. Applications for the renewal of the identification
cards shall be mailed to the voters holding such cards not less
than 3 months prior to the date of expiration of the cards.

SB2363 - 43 - LRB103 30774 BMS 57261 b
Each voter's identification card for persons with
disabilities or nursing home resident's identification card
shall bear an identification number, which shall be clearly
noted on the voter's original and duplicate registration
record cards. In the event the holder becomes physically
capable of resuming normal voting, he must surrender his
voter's identification card for persons with disabilities or
nursing home resident's identification card to the county
clerk or board of election commissioners before the next
election.
The holder of a voter's identification card for persons
with disabilities or a nursing home resident's identification
card may make application by mail for an official ballot
within the time prescribed by Section 19-2. Such application
shall contain the same information as is included in the form
of application for ballot by a physically incapacitated
elector prescribed in Section 19-3 except that it shall also
include the applicant's voter's identification card for
persons with disabilities card number and except that it need
not be sworn to. If an examination of the records discloses
that the applicant is lawfully entitled to vote, he shall be
mailed a ballot as provided in Section 19-4 and, if
applicable, in Section 19-4.5. The ballot envelope shall be
the same as that prescribed in Section 19-5 for voters with
physical disabilities, and the manner of voting and returning
the ballot shall be the same as that provided in this Article

SB2363 - 44 - LRB103 30774 BMS 57261 b
for other vote by mail ballots, except that a statement to be
subscribed to by the voter but which need not be sworn to shall
be placed on the ballot envelope in lieu of the affidavit
prescribed by Section 19-5.
Any person who knowingly subscribes to a false statement
in connection with voting under this Section shall be guilty
of a Class A misdemeanor.
For the purposes of this Section, "nursing home resident"
includes a resident of (i) a federally operated veterans'
home, hospital, or facility located in Illinois or (ii) a
facility licensed under the ID/DD Community Care Act, the
MC/DD Act, or the Specialized Mental Health Rehabilitation Act
of 2013. For the purposes of this Section, "federally operated
veterans' home, hospital, or facility" means the long-term
care facilities at the Jesse Brown VA Medical Center, Illiana
Health Care System, Edward Hines, Jr. VA Hospital, Marion VA
Medical Center, and Captain James A. Lovell Federal Health
Care Center.
(Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
99-581, eff. 1-1-17; 99-642, eff. 6-28-16; 100-513, eff.
1-1-18.)
(10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
Sec. 20-3. The election authority shall furnish the
following applications for registration by mail or vote by
mail ballot which shall be considered a method of application

SB2363 - 45 - LRB103 30774 BMS 57261 b
in lieu of the official postcard.
1. Members of the United States Service and citizens of
the United States temporarily residing outside the territorial
limits of the United States may make application within the
periods prescribed in Sections 20-2 or 20-2.1, as the case may
be. Such application shall be substantially in the following
form:
"APPLICATION FOR BALLOT
To be voted at the ............ election in the precinct
in which is located my residence at ..............., in the
city/village/township of ............(insert home address)
County of ........... and State of Illinois.
I state that I am a citizen of the United States; that on
(insert date of election) I shall have resided in the State of
Illinois and in the election precinct for 30 days; that on the
above date I shall be the age of 18 years or above; that I am
lawfully entitled to vote in such precinct at that election;
that I am (check category 1, 2, or 3 below):
1. ( ) a member of the United States Service,
2. ( ) a citizen of the United States temporarily
residing outside the territorial limits of the United States
and that I expect to be absent from the said county of my
residence on the date of holding such election, and that I will
have no opportunity to vote in person on that day.
I hereby make application for an official ballot or
ballots to be voted by me at such election if I am absent from

SB2363 - 46 - LRB103 30774 BMS 57261 b
the said county of my residence, and I agree that I shall
return said ballot or ballots to the election authority
postmarked no later than election day, for counting no later
than during the period for counting provisional ballots, the
last day of which is the 14th day following election day or
shall destroy said ballot or ballots.
(Check below only if category 2 and not previously
registered)
( ) I hereby make application to become registered as a
voter and agree to return the forms and affidavits for
registration to the election authority not later than 30 days
before the election.
Under penalties as provided by law pursuant to Article 29
of the Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
.........................
Post office address or service address to which
registration materials or ballot should be mailed
.........................
.........................
.........................
........................"
If application is made for a primary election ballot, such
application shall designate the name of the political party
with which the applicant is affiliated.
Such applications may be obtained from the election

SB2363 - 47 - LRB103 30774 BMS 57261 b
authority having jurisdiction over the person's precinct of
residence.
2. A spouse or dependent of a member of the United States
Service, said spouse or dependent being a registered voter in
the county, may make application on behalf of said person in
the office of the election authority within the periods
prescribed in Section 20-2 which shall be substantially in the
following form:
"APPLICATION FOR BALLOT to be voted at the........... election
in the precinct in which is located the residence of the person
for whom this application is made at.............(insert
residence address) in the city/village/township of.........
County of.......... and State of Illinois.
I certify that the following named person................
(insert name of person) is a member of the United States
Service.
I state that said person is a citizen of the United States;
that on (insert date of election) said person shall have
resided in the State of Illinois and in the election precinct
for which this application is made for 30 days; that on the
above date said person shall be the age of 18 years or above;
that said person is lawfully entitled to vote in such precinct
at that election; that said person is a member of the United
States Service, and that in the course of his duties said
person expects to be absent from his county of residence on the
date of holding such election, and that said person will have

SB2363 - 48 - LRB103 30774 BMS 57261 b
no opportunity to vote in person on that day.
I hereby make application for an official ballot or
ballots to be voted by said person at such election and said
person agrees that he shall return said ballot or ballots to
the election authority postmarked no later than election day,
for counting no later than during the period for counting
provisional ballots, the last day of which is the 14th day
following election day, or shall destroy said ballot or
ballots.
I hereby certify that I am the (mother, father, sister,
brother, husband or wife) of the said elector, and that I am a
registered voter in the election precinct for which this
application is made. (Strike all but one that is applicable.)
Under penalties as provided by law pursuant to Article 29
of The Election Code, the undersigned certifies that the
statements set forth in this application are true and correct.
Name of applicant ......................
Residence address ........................
City/village/township........................
Service address to which ballot should be mailed:
.........................
.........................
.........................
........................"
If application is made for a primary election ballot, such
application shall designate the name of the political party

SB2363 - 49 - LRB103 30774 BMS 57261 b
with which the person for whom application is made is
affiliated.
Such applications may be obtained from the election
authority having jurisdiction over the voting precinct in
which the person for whom application is made is entitled to
vote.
(Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)
(10 ILCS 5/20-4) (from Ch. 46, par. 20-4)
Sec. 20-4. Immediately upon the receipt of the official
postcard or an application as provided in Section 20-3 within
the times heretofore prescribed, the election authority shall
ascertain whether or not such applicant is legally entitled to
vote as requested, including verification of the applicant's
signature by comparison with the signature on the official
registration record card, if any. If the election authority
ascertains that the applicant is lawfully entitled to vote, it
shall enter the name, street address, ward and precinct number
of such applicant on a list to be posted in his or its office
in a place accessible to the public. Within one day after
posting the name and other information of an applicant for a
ballot, the election authority shall transmit that name and
posted information to the State Board of Elections, which
shall maintain the names and other information in an
electronic format on its website, arranged by county and
accessible to State and local political committees. As soon as

SB2363 - 50 - LRB103 30774 BMS 57261 b
the official ballot is prepared the election authority shall
immediately deliver the same to the applicant in person, by
mail, by facsimile transmission, or by electronic transmission
as provided in Section 20-4.5, when applicable, and this
Article.
If any such election authority receives a second or
additional application which it believes is from the same
person, he or it shall submit it to the chief judge of the
circuit court or any judge of that court designated by the
chief judge. If the chief judge or his designate determines
that the application submitted to him is a second or
additional one, he shall so notify the election authority who
shall disregard the second or additional application.
The election authority shall maintain a list for each
election of the voters to whom it has issued vote by mail
ballots. The list shall be maintained for each precinct within
the jurisdiction of the election authority. Prior to the
opening of the polls on election day, the election authority
shall deliver to the judges of election in each precinct the
list of registered voters in that precinct to whom vote by mail
ballots have been issued.
Election authorities may transmit by facsimile or other
electronic means a ballot simultaneously with transmitting an
application for vote by mail ballot; however, no such ballot
shall be counted unless an application has been completed by
the voter and the election authority ascertains that the

SB2363 - 51 - LRB103 30774 BMS 57261 b
applicant is lawfully entitled to vote as provided in this
Section.
(Source: P.A. 98-1171, eff. 6-1-15.)
(10 ILCS 5/20-4.5 new)
Sec. 20-4.5. Primary ballots.
(a) Notwithstanding any other provision of law, a person
entitled to vote by absentee ballot at a primary shall not be
required to declare his or her political party affiliation and
shall be provided with a ballot including all candidates,
regardless of party affiliation of the candidates, for offices
for which the absentee voter is entitled to vote at that
primary.
(b) With respect to the marking, casting, and counting of
primary ballots, absentee voting shall be conducted in
accordance with Sections 7-43 and 7-44 as well as the
provisions of this Article.
(c) When voting absentee at a primary, the voter shall be
instructed to discard or otherwise destroy any ballot that the
voter does not intend to cast. Such a discarded or destroyed
ballot is not the ballot the voter agreed in the absentee
ballot application to return to the election authority.
(10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
Sec. 20-5. The election authority shall fold the ballot or
ballots in the manner specified by the statute for folding

SB2363 - 52 - LRB103 30774 BMS 57261 b
ballots prior to their deposit in the ballot box and shall
enclose such ballot in an envelope unsealed to be furnished by
it, which envelope shall bear upon the face thereof the name,
official title and post office address of the election
authority, and upon the other side of such envelope there
shall be printed a certification in substantially the
following form:
"CERTIFICATION
I state that I am a resident/former resident of the
....... precinct of the city/village/township of ............,
(Designation to be made by Election Authority) or of the ....
ward in the city of ........... (Designation to be made by
Election Authority) residing at ................ in said
city/village/township in the county of ........... and State
of Illinois; that I am a
1. ( ) member of the United States Service
2. ( ) citizen of the United States temporarily residing
outside the territorial limits of the United States
3. ( ) nonresident civilian citizen
and desire to cast the enclosed ballot pursuant to Article 20
of the Election Code; that I am lawfully entitled to vote in
such precinct at the ........... election to be held on
............
I further state that I marked the enclosed ballot in
secret.
Under penalties as provided by law pursuant to Article 29

SB2363 - 53 - LRB103 30774 BMS 57261 b
of the Election Code, the undersigned certifies that the
statements set forth in this certification are true and
correct.
...............(Name)
.....................
(Service Address)
.....................
.....................
....................."
If the ballot enclosed is to be voted at a primary
election, the certification shall designate the name of the
political party with which the voter is affiliated.
In addition to the above, the election authority shall
provide printed slips giving full instructions regarding the
manner of completing the forms and affidavits for registration
by mail or the manner of marking and returning the ballot in
order that the same may be counted, and shall furnish one of
the printed slips to each of the applicants at the same time
the registration materials or ballot is delivered to him.
In addition to the above, if a ballot to be provided to an
elector pursuant to this Section contains a public question
described in subsection (b) of Section 28-6 and the territory
concerning which the question is to be submitted is not
described on the ballot due to the space limitations of such
ballot, the election authority shall provide a printed copy of
a notice of the public question, which shall include a

SB2363 - 54 - LRB103 30774 BMS 57261 b
description of the territory in the manner required by Section
16-7. The notice shall be furnished to the elector at the same
time the ballot is delivered to the elector.
The envelope in which such registration or such ballot is
mailed to the voter as well as the envelope in which the
registration materials or the ballot is returned by the voter
shall have printed across the face thereof two parallel
horizontal red bars, each one-quarter inch wide, extending
from one side of the envelope to the other side, with an
intervening space of one-quarter inch, the top bar to be one
and one-quarter inches from the top of the envelope, and with
the words "Official Election Balloting Material-VIA AIR MAIL"
between the bars. In the upper right corner of such envelope in
a box, there shall be printed the words: "U.S. Postage Paid 42
USC 1973". All printing on the face of such envelopes shall be
in red, including an appropriate inscription or blank in the
upper left corner of return address of sender.
The envelope in which the ballot is returned to the
election authority may be delivered (i) by mail, postage paid,
(ii) in person, by the spouse, parent, child, brother, or
sister of the voter, or (iii) by a company engaged in the
business of making deliveries of property and licensed as a
motor carrier of property by the Illinois Commerce Commission
under the Illinois Commercial Transportation Law.
Election authorities transmitting ballots by facsimile or
electronic transmission shall, to the extent possible, provide

SB2363 - 55 - LRB103 30774 BMS 57261 b
those applicants with the same instructions, certification,
and other materials required when sending by mail.
(Source: P.A. 100-201, eff. 8-18-17.)
(10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
Sec. 20-8. Time and place of counting ballots.
(a) (Blank.)
(b) Each vote by mail voter's ballot returned to an
election authority, by any means authorized by this Article,
and received by that election authority may be processed by
the election authority beginning on the day it is received by
the election authority in the central ballot counting location
of the election authority, but the results of the processing
may not be counted until the day of the election after 7:00
p.m., except as provided in subsections (g) and (g-5).
(c) Each vote by mail voter's ballot that is mailed to an
election authority and postmarked no later than election day,
but that is received by the election authority after the polls
close on election day and before the close of the period for
counting provisional ballots cast at that election, shall be
endorsed by the receiving authority with the day and hour of
receipt and shall be counted at the central ballot counting
location of the election authority during the period for
counting provisional ballots.
Each vote by mail voter's ballot that is mailed to an
election authority absent a postmark or a barcode usable with

SB2363 - 56 - LRB103 30774 BMS 57261 b
an intelligent mail barcode tracking system, but that is
received by the election authority after the polls close on
election day and before the close of the period for counting
provisional ballots cast at that election, shall be endorsed
by the receiving authority with the day and hour of receipt,
opened to inspect the date inserted on the certification, and,
if the certification date is election day or earlier and the
ballot is otherwise found to be valid under the requirements
of this Section, counted at the central ballot counting
location of the election authority during the period for
counting provisional ballots. Absent a date on the
certification, the ballot shall not be counted.
If an election authority is using an intelligent mail
barcode tracking system, a ballot that is mailed to an
election authority absent a postmark may be counted if the
intelligent mail barcode tracking system verifies the envelope
was mailed no later than election day.
(d) Special write-in vote by mail voter's blank ballots
returned to an election authority, by any means authorized by
this Article, and received by the election authority at any
time before the closing of the polls on election day shall be
endorsed by the receiving election authority with the day and
hour of receipt and shall be counted at the central ballot
counting location of the election authority during the same
period provided for counting vote by mail voters' ballots
under subsections (b), (g), and (g-5). Special write-in vote

SB2363 - 57 - LRB103 30774 BMS 57261 b
by mail voter's blank ballot that are mailed to an election
authority and postmarked no later than election day, but that
are received by the election authority after the polls close
on election day and before the closing of the period for
counting provisional ballots cast at that election, shall be
endorsed by the receiving authority with the day and hour of
receipt and shall be counted at the central ballot counting
location of the election authority during the same periods
provided for counting vote by mail voters' ballots under
subsection (c).
(e) Except as otherwise provided in this Section, vote by
mail voters' ballots and special write-in vote by mail voter's
blank ballots received by the election authority after the
closing of the polls on the day of election shall be endorsed
by the person receiving the ballots with the day and hour of
receipt and shall be safely kept unopened by the election
authority for the period of time required for the preservation
of ballots used at the election, and shall then, without being
opened, be destroyed in like manner as the used ballots of that
election.
(f) Counting required under this Section to begin on
election day after the closing of the polls shall commence no
later than 8:00 p.m. and shall be conducted by a panel or
panels of election judges appointed in the manner provided by
law. The counting shall continue until all vote by mail
voters' ballots and special write-in vote by mail voter's

SB2363 - 58 - LRB103 30774 BMS 57261 b
blank ballots required to be counted on election day have been
counted.
(g) The procedures set forth in Articles 17 and 18 and,
with respect to primaries, in Section 20-4.5 of this Code
shall apply to all ballots counted under this Section. In
addition, within 2 days after a ballot subject to this Article
is received, but in all cases before the close of the period
for counting provisional ballots, the election judge or
official shall compare the voter's signature on the
certification envelope of that ballot with the signature of
the voter on file in the office of the election authority. If
the election judge or official determines that the 2
signatures match, and that the voter is otherwise qualified to
cast a ballot under this Article, the election authority shall
cast and count the ballot on election day or the day the ballot
is determined to be valid, whichever is later, adding the
results to the precinct in which the voter is registered. If
the election judge or official determines that the signatures
do not match, or that the voter is not qualified to cast a
ballot under this Article, then without opening the
certification envelope, the judge or official shall mark
across the face of the certification envelope the word
"Rejected" and shall not cast or count the ballot.
In addition to the voter's signatures not matching, a
ballot subject to this Article may be rejected by the election
judge or official:

SB2363 - 59 - LRB103 30774 BMS 57261 b
(1) if the ballot envelope is open or has been opened
and resealed;
(2) if the voter has already cast an early or grace
period ballot;
(3) if the voter voted in person on election day or the
voter is not a duly registered voter in the precinct; or
(4) on any other basis set forth in this Code.
If the election judge or official determines that any of
these reasons apply, the judge or official shall mark across
the face of the certification envelope the word "Rejected" and
shall not cast or count the ballot.
(g-5) If a ballot subject to this Article is rejected by
the election judge or official for any reason, the election
authority shall, within 2 days after the rejection but in all
cases before the close of the period for counting provisional
ballots, notify the voter that his or her ballot was rejected.
The notice shall inform the voter of the reason or reasons the
ballot was rejected and shall state that the voter may appear
before the election authority, on or before the 14th day after
the election, to show cause as to why the ballot should not be
rejected. The voter may present evidence to the election
authority supporting his or her contention that the ballot
should be counted. The election authority shall appoint a
panel of 3 election judges to review the contested ballot,
application, and certification envelope, as well as any
evidence submitted by the vote by mail voter. No more than 2

SB2363 - 60 - LRB103 30774 BMS 57261 b
election judges on the reviewing panel shall be of the same
political party. The reviewing panel of election judges shall
make a final determination as to the validity of the contested
ballot. The judges' determination shall not be reviewable
either administratively or judicially.
A ballot subject to this subsection that is determined to
be valid shall be counted before the close of the period for
counting provisional ballots.
(g-10) All ballots determined to be valid shall be added
to the vote totals for the precincts for which they were cast
in the order in which the ballots were opened.
(h) Each political party, candidate, and qualified civic
organization shall be entitled to have present one pollwatcher
for each panel of election judges therein assigned.
(Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
(10 ILCS 5/7-2 rep.)
(10 ILCS 5/7-3 rep.)
(10 ILCS 5/Art. 10 rep.)
Section 10. The Election Code is amended by repealing
Article 10 and Sections 7-2 and 7-3.