State of Illinois
2017 and 2018


Introduced , by Rep. Steven A. Andersson


10 ILCS 5/16-3  from Ch. 46, par. 16-3

    Amends the Election Code. Provides that notwithstanding any other provision of law to the contrary, no general election ballot may indicate the political party or political affiliation of any candidate. Makes corresponding changes. Effective immediately.

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HB5264LRB100 19907 MJP 35187 b

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 Section
516-3 as follows:
6    (10 ILCS 5/16-3)  (from Ch. 46, par. 16-3)
7    Sec. 16-3. (a) The names of all candidates to be voted for
8in each election district or precinct shall be printed on one
9ballot, except as is provided in Sections 16-6.1 and 21-1.01 of
10this Act and except as otherwise provided in this Act with
11respect to the odd year regular elections and the emergency
12referenda; all nominations of any political party being placed
13under the party appellation or title of such party as
14designated in the certificates of nomination or petitions. The
15names of all independent candidates shall be printed upon the
16ballot in a column or columns under the heading "independent"
17arranged under the names or titles of the respective offices
18for which such independent candidates shall have been nominated
19and so far as practicable, the name or names of any independent
20candidate or candidates for any office shall be printed upon
21the ballot opposite the name or names of any candidate or
22candidates for the same office contained in any party column or
23columns upon said ballot. The ballot shall contain no other



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1names, except that in cases of electors for President and
2Vice-President of the United States, the names of the
3candidates for President and Vice-President may be added to the
4party designation and words calculated to aid the voter in his
5choice of candidates may be added, such as "Vote for one,"
6"Vote for not more than three." Notwithstanding any other
7provision of law to the contrary, no general election ballot
8may indicate the political party or political affiliation of
9any candidate. If no candidate or candidates file for an office
10and if no person or persons file a declaration as a write-in
11candidate for that office, then below the title of that office
12the election authority instead shall print "No Candidate". When
13an electronic voting system is used which utilizes a ballot
14label booklet, the candidates and questions shall appear on the
15pages of such booklet in the order provided by this Code; and,
16in any case where candidates for an office appear on a page
17which does not contain the name of any candidate for another
18office, and where less than 50% of the page is utilized, the
19name of no candidate shall be printed on the lowest 25% of such
20page. On the back or outside of the ballot, so as to appear
21when folded, shall be printed the words "Official Ballot",
22followed by the designation of the polling place for which the
23ballot is prepared, the date of the election and a facsimile of
24the signature of the election authority who has caused the
25ballots to be printed. The ballots shall be of plain white
26paper, through which the printing or writing cannot be read.



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1However, ballots for use at the nonpartisan and consolidated
2elections may be printed on different color paper, except blue
3paper, whenever necessary or desirable to facilitate
4distinguishing between ballots for different political
5subdivisions. In the case of nonpartisan elections for officers
6of a political subdivision, unless the statute or an ordinance
7adopted pursuant to Article VII of the Constitution providing
8the form of government therefor requires otherwise, the column
9listing such nonpartisan candidates shall be printed with no
10appellation or circle at its head. The party appellation or
11title, or the word "independent" at the head of any column
12provided for independent candidates, shall be printed in
13letters not less than one-fourth of an inch in height and a
14circle one-half inch in diameter shall be printed at the
15beginning of the line in which such appellation or title is
16printed, provided, however, that no such circle shall be
17printed at the head of any column or columns provided for such
18independent candidates. The names of candidates shall be
19printed in letters not less than one-eighth nor more than
20one-fourth of an inch in height, and at the beginning of each
21line in which a name of a candidate is printed a square shall
22be printed, the sides of which shall be not less than
23one-fourth of an inch in length. However, the names of the
24candidates for Governor and Lieutenant Governor on the same
25ticket shall be printed within a bracket and a single square
26shall be printed in front of the bracket. The list of



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1candidates of the several parties and any such list of
2independent candidates shall be placed in separate columns on
3the ballot in such order as the election authorities charged
4with the printing of the ballots shall decide; provided, that
5the names of the candidates of the several political parties,
6certified by the State Board of Elections to the several county
7clerks shall be printed by the county clerk of the proper
8county on the official ballot in the order certified by the
9State Board of Elections. Any county clerk refusing, neglecting
10or failing to print on the official ballot the names of
11candidates of the several political parties in the order
12certified by the State Board of Elections, and any county clerk
13who prints or causes to be printed upon the official ballot the
14name of a candidate, for an office to be filled by the Electors
15of the entire State, whose name has not been duly certified to
16him upon a certificate signed by the State Board of Elections
17shall be guilty of a Class C misdemeanor.
18    (b) When an electronic voting system is used which utilizes
19a ballot card, on the inside flap of each ballot card envelope
20there shall be printed a form for write-in voting which shall
21be substantially as follows:
23    (See card of instructions for specific information.
24Duplicate form below by hand for additional write-in votes.)  
25     _____________________________  
26     Title of Office



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1(   )  ____________________________  
2     Name of Candidate
3    Write-in lines equal to the number of candidates for which
4a voter may vote shall be printed for an office only if one or
5more persons filed declarations of intent to be write-in
6candidates or qualify to file declarations to be write-in
7candidates under Sections 17-16.1 and 18-9.1 when the
8certification of ballot contains the words "OBJECTION
10    (c) When an electronic voting system is used which uses a
11ballot sheet, the instructions to voters on the ballot sheet
12shall refer the voter to the card of instructions for specific
13information on write-in voting. Below each office appearing on
14such ballot sheet there shall be a provision for the casting of
15a write-in vote. Write-in lines equal to the number of
16candidates for which a voter may vote shall be printed for an
17office only if one or more persons filed declarations of intent
18to be write-in candidates or qualify to file declarations to be
19write-in candidates under Sections 17-16.1 and 18-9.1 when the
20certification of ballot contains the words "OBJECTION
22    (d) When such electronic system is used, there shall be
23printed on the back of each ballot card, each ballot card
24envelope, and the first page of the ballot label when a ballot
25label is used, the words "Official Ballot," followed by the
26number of the precinct or other precinct identification, which



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1may be stamped, in lieu thereof and, as applicable, the number
2and name of the township, ward or other election district for
3which the ballot card, ballot card envelope, and ballot label
4are prepared, the date of the election and a facsimile of the
5signature of the election authority who has caused the ballots
6to be printed. The back of the ballot card shall also include a
7method of identifying the ballot configuration such as a
8listing of the political subdivisions and districts for which
9votes may be cast on that ballot, or a number code identifying
10the ballot configuration or color coded ballots, except that
11where there is only one ballot configuration in a precinct, the
12precinct identification, and any applicable ward
13identification, shall be sufficient. Ballot card envelopes
14used in punch card systems shall be of paper through which no
15writing or punches may be discerned and shall be of sufficient
16length to enclose all voting positions. However, the election
17authority may provide ballot card envelopes on which no
18precinct number or township, ward or other election district
19designation, or election date are preprinted, if space and a
20preprinted form are provided below the space provided for the
21names of write-in candidates where such information may be
22entered by the judges of election. Whenever an election
23authority utilizes ballot card envelopes on which the election
24date and precinct is not preprinted, a judge of election shall
25mark such information for the particular precinct and election
26on the envelope in ink before tallying and counting any



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1write-in vote written thereon. If some method of insuring
2ballot secrecy other than an envelope is used, such information
3must be provided on the ballot itself.
4    (e) In the designation of the name of a candidate on the
5ballot, the candidate's given name or names, initial or
6initials, a nickname by which the candidate is commonly known,
7or a combination thereof, may be used in addition to the
8candidate's surname. If a candidate has changed his or her
9name, whether by a statutory or common law procedure in
10Illinois or any other jurisdiction, within 3 years before the
11last day for filing the petition for nomination, nomination
12papers, or certificate of nomination for that office, whichever
13is applicable, then (i) the candidate's name on the ballot must
14be followed by "formerly known as (list all prior names during
15the 3-year period) until name changed on (list date of each
16such name change)" and (ii) the petition, papers, or
17certificate must be accompanied by the candidate's affidavit
18stating the candidate's previous names during the period
19specified in (i) and the date or dates each of those names was
20changed; failure to meet these requirements shall be grounds
21for denying certification of the candidate's name for the
22ballot or removing the candidate's name from the ballot, as
23appropriate, but these requirements do not apply to name
24changes resulting from adoption to assume an adoptive parent's
25or parents' surname, marriage to assume a spouse's surname, or
26dissolution of marriage or declaration of invalidity of



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1marriage to assume a former surname. No other designation such
2as a political slogan, title, or degree or nickname suggesting
3or implying possession of a title, degree or professional
4status, or similar information may be used in connection with
5the candidate's surname. For purposes of this Section, a
6"political slogan" is defined as any word or words expressing
7or connoting a position, opinion, or belief that the candidate
8may espouse, including but not limited to, any word or words
9conveying any meaning other than that of the personal identity
10of the candidate. A candidate may not use a political slogan as
11part of his or her name on the ballot, notwithstanding that the
12political slogan may be part of the candidate's name.
13    (f) The State Board of Elections, a local election
14official, or an election authority shall remove any candidate's
15name designation from a ballot that is inconsistent with
16subsection (e) of this Section. In addition, the State Board of
17Elections, a local election official, or an election authority
18shall not certify to any election authority any candidate name
19designation that is inconsistent with subsection (e) of this
21    (g) If the State Board of Elections, a local election
22official, or an election authority removes a candidate's name
23designation from a ballot under subsection (f) of this Section,
24then the aggrieved candidate may seek appropriate relief in
25circuit court.
26    Where voting machines or electronic voting systems are



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1used, the provisions of this Section may be modified as
2required or authorized by Article 24 or Article 24A, whichever
3is applicable.
4    Nothing in this Section shall prohibit election
5authorities from using or reusing ballot card envelopes which
6were printed before the effective date of this amendatory Act
7of 1985.
8(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;
995-862, eff. 8-19-08.)
10    Section 99. Effective date. This Act takes effect upon
11becoming law.