100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3233

 

Introduced , by Rep. Reginald Phillips

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/21-1  from Ch. 46, par. 21-1
10 ILCS 5/21-2  from Ch. 46, par. 21-2

    Amends the Election Code. Provides that the presidential elector with the highest number of votes in a congressional district casts an electoral vote for the presidential and vice presidential candidates of his or her political party. Provides that an at-large presidential elector who receives the highest or second highest number of votes statewide casts an electoral vote for the candidates of his or her party.


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A BILL FOR

 

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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 21-1 and 21-2 as follows:
 
6    (10 ILCS 5/21-1)  (from Ch. 46, par. 21-1)
7    Sec. 21-1. Choosing and election of electors of President
8and Vice-President of the United States shall be in the
9following manner:
10    (a) In each year in which a President and Vice-President of
11the United States are chosen, each political party or group in
12this State shall choose by its State Convention or State
13central committee electors of President and Vice-President of
14the United States and such State Convention or State central
15committee of such party or group shall also choose electors at
16large, if any are to be appointed for this State and such State
17Convention or State central committee of such party or group
18shall by its chairman and secretary certify the total list of
19such electors, designating one elector for each congressional
20district in the State, together with electors at large so
21chosen to the State Board of Elections.
22    The filing of such certificate with the Board, of such
23choosing of electors shall be deemed and taken to be the

 

 

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1choosing and selection of the electors of this State, if such
2party or group is successful at the polls as herein provided in
3choosing their candidates for President and Vice-President of
4the United States.
5    (b) The names of the candidates of the several political
6parties or groups for electors of President and Vice-President
7shall not be printed on the official ballot to be voted in the
8election to be held on the day in this Act above named. In lieu
9of the names of the candidates for such electors of President
10and Vice-President, immediately under the appellation of party
11name of a party or group in the column of its candidates on the
12official ballot, to be voted at said election first above named
13in subsection (1) of Section 2A-1.2 and Section 2A-2, there
14shall be printed within a bracket the name of the candidate for
15President and the name of the candidate for Vice-President of
16such party or group with a square to the left of such bracket.
17Each voter in this State from the several lists or sets of
18electors so chosen and selected by the said respective
19political parties or groups for each congressional district and
20at large, may choose and elect one of such lists or sets of
21electors by placing a cross in the square to the left of the
22bracket aforesaid of one of such parties or groups. Placing a
23cross within the square before the bracket enclosing the names
24of President and Vice-President shall not be deemed and taken
25as a direct vote for such candidates for President and
26Vice-President, or either of them, but shall only be deemed and

 

 

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1taken to be a vote for the entire list or set of electors
2chosen for that congressional district and at large by that
3political party or group so certified to the State Board of
4Elections as herein provided. Voting by means of placing a
5cross in the appropriate place preceding the appellation or
6title of the particular political party or group, shall not be
7deemed or taken as a direct vote for the candidates for
8President and Vice-President, or either of them, but instead to
9the Presidential vote, as a vote for the entire list or set of
10electors chosen by that political party or group so certified
11to the State Board of Elections as herein provided.
12    (c) Such certification by the respective political parties
13or groups in this State of electors of President and
14Vice-President shall be made to the State Board of Elections
15within 2 days after such State convention or meeting of the
16State central committee in which the electors were chosen.
17    (d) Should more than one certificate of choice and
18selection of electors of the same political party or group be
19filed by contesting conventions or contesting groups, it shall
20be the duty of the State Board of Elections within 10 days
21after the adjournment of the last of such conventions to meet
22and determine which set of nominees for electors of such party
23or group was chosen and selected by the authorized convention
24of such party or group. The Board, after notice to the chairman
25and secretaries or managers of the conventions or groups and
26after a hearing shall determine which set of electors was so

 

 

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1chosen by the authorized convention and shall so announce and
2publish the fact, and such decision shall be final and the set
3of electors so determined upon by the electoral board to be so
4chosen shall be the list or set of electors to be deemed
5elected if that party shall be successful at the polls, as
6herein provided.
7    (e) Should a vacancy occur in the choice of an elector in a
8congressional district, such vacancy may be filled by the
9executive committee of the party or group for such
10congressional district, to be certified by such committee to
11the State Board of Elections. Should a vacancy occur in the
12office of elector at large, such vacancy shall be filled by the
13State committee of such political party or group, and certified
14by it to the State Board of Elections.
15(Source: P.A. 99-522, eff. 6-30-16.)
 
16    (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)
17    Sec. 21-2. Election of electors; votes of electors.
18    (a) The county clerks of the several counties shall, within
1921 days next after holding the election named in subsection (1)
20of Section 2A-1.2 and Section 2A-2 make 2 copies of the
21abstract of the votes cast for electors by each political party
22or group, as indicated by the voter, as aforesaid, by a cross
23in the square to the left of the bracket aforesaid, or as
24indicated by a cross in the appropriate place preceding the
25appellation or title of the particular political party or

 

 

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1group, and transmit by mail one of the copies to the office of
2the State Board of Elections and retain the other in his
3office, to be sent for by the electoral board in case the other
4should be mislaid. Within 31 days after the holding of such
5election, and sooner if all the returns are received by the
6State Board of Elections, the State Board of Election, shall
7proceed to open and canvass said election returns and to
8declare which set of candidates for President and
9Vice-President received, as aforesaid, the highest number of
10votes cast at such election as aforesaid; and the electors of
11that party whose candidates for President and Vice-President
12received the highest number of votes so cast shall be taken and
13deemed to be elected as electors of President and
14Vice-President, but should 2 or more sets of candidates for
15President and Vice-President be returned with an equal and the
16highest vote, the State Board of Elections shall cause a notice
17of the same to be published, which notice shall name some day
18and place, not less than 5 days from the time of such
19publication of such notice, upon which the State Board of
20Elections will decide by lot which of the sets of candidates
21for President and Vice-President so equal and highest shall be
22declared to be highest. And upon the day and at the place so
23appointed in the notice, the board shall so decide by lot and
24declare which is deemed highest of the sets of candidates for
25President and Vice-President so equal and highest, thereby
26determining only that the electors chosen as aforesaid by such

 

 

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1candidates' party or group are thereby elected by general
2ticket to be such electors.
3    (b) Notwithstanding any law to the contrary, the elector of
4President and Vice President receiving the highest number of
5votes in a congressional district shall be elected an elector
6of President and Vice President and shall cast his or her vote
7pursuant to this Article for the candidates for President and
8Vice President of his or her political party or group. The
9electors of President and Vice President at-large who receive
10the highest or second highest number of votes statewide shall
11be electors of President and Vice President and shall cast
12their votes pursuant to this Article for the candidates for
13President and Vice President of those electors' political
14parties or groups.
15(Source: P.A. 93-847, eff. 7-30-04.)