103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5195

 

Introduced 2/9/2024, by Rep. Brad Halbrook

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/1-26 new
10 ILCS 5/16-5.01  from Ch. 46, par. 16-5.01

    Amends the Election Code. Provides that a ranked-choice voting method that allows voters to rank candidates for an office in order of preference and tabulates cast ballots in multiple rounds following the elimination of a candidate until a single candidate attains a majority shall not be used in determining the election or nomination of any candidate to any local, State, or federal elective office in this State. Provides that an ordinance existing on the effective date of the amendatory Act or adopted after the effective date of the amendatory Act by a county, a municipality, or any other unit of local government that is in conflict with the provisions is void. Repeals the provision on January 1, 2034. Removes a provision allowing a municipality to adopt an ordinance to administer an election using a ranked ballot for municipal and township office candidates to be voted on in the consolidated election.


LRB103 38458 SPS 68594 b

 

 

A BILL FOR

 

HB5195LRB103 38458 SPS 68594 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
5Section 16-5.01 and by adding Section 1-26 as follows:
 
6    (10 ILCS 5/1-26 new)
7    Sec. 1-26. Ranked-choice voting prohibited.
8    (a) A ranked-choice voting method that allows voters to
9rank candidates for an office in order of preference and
10tabulates cast ballots in multiple rounds following the
11elimination of a candidate until a single candidate attains a
12majority shall not be used in determining the election or
13nomination of any candidate to any local, State, or federal
14elective office in this State.
15    (b) An ordinance existing on the effective date of this
16amendatory Act of the 103rd General Assembly or adopted after
17the effective date of this amendatory Act of the 103rd General
18Assembly by a county, a municipality, or any other unit of
19local government that is in conflict with this Section is
20void.
21    (c) This Section is repealed on January 1, 2034.
 
22    (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)

 

 

HB5195- 2 -LRB103 38458 SPS 68594 b

1    Sec. 16-5.01. (a) Except as otherwise provided in this
2Code, the election authority shall, at least 46 days prior to
3the date of any election at which federal officers are elected
4and 45 days prior to any other regular election, have a
5sufficient number of ballots printed so that such ballots will
6be available for mailing 45 days prior to the date of the
7election to persons who have filed application for a ballot
8under the provisions of Article 20 of this Code.
9    (b) If at any election at which federal offices are
10elected or nominated the election authority is unable to
11comply with the provisions of subsection (a), the election
12authority shall mail to each such person, in lieu of the
13ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.
14The Special Write-in Vote by Mail Voter's Blank Ballot shall
15be used at all elections at which federal officers are elected
16or nominated and shall be prepared by the election authority
17in substantially the following form:
18
Special Write-in Vote by Mail Voter's Blank Ballot
19    (To vote for a person, write the title of the office and
20his or her name on the lines provided. Place to the left of and
21opposite the title of office a square and place a cross (X) in
22the square.)
23        Title of Office                 Name of Candidate
24(    )                         
25(    )                         
26(    )                         

 

 

HB5195- 3 -LRB103 38458 SPS 68594 b

1(    )                         
2(    )                         
3(    )                                                   
4    The election authority shall send with the Special
5Write-in Vote by Mail Voter's Blank Ballot a list of all
6referenda for which the voter is qualified to vote and all
7candidates for whom nomination papers have been filed and for
8whom the voter is qualified to vote. The voter shall be
9entitled to write in the name of any candidate seeking
10election and any referenda for which he or she is entitled to
11vote.
12    On the back or outside of the ballot, so as to appear when
13folded, shall be printed the words "Official Ballot", the date
14of the election and a facsimile of the signature of the
15election authority who has caused the ballot to be printed.
16    The provisions of Article 20, insofar as they may be
17applicable to the Special Write-in Vote by Mail Voter's Blank
18Ballot, shall be applicable herein.
19    (c) (Blank). Notwithstanding any provision of this Code or
20other law to the contrary, the governing body of a
21municipality may adopt, upon submission of a written statement
22by the municipality's election authority attesting to the
23administrative ability of the election authority to administer
24an election using a ranked ballot to the municipality's
25governing body, an ordinance requiring, and that
26municipality's election authority shall prepare, a ranked vote

 

 

HB5195- 4 -LRB103 38458 SPS 68594 b

1by mail ballot for municipal and township office candidates to
2be voted on in the consolidated election. This ranked ballot
3shall be for use only by a qualified voter who either is a
4member of the United States military or will be outside of the
5United States on the consolidated primary election day and the
6consolidated election day. The ranked ballot shall contain a
7list of the titles of all municipal and township offices
8potentially contested at both the consolidated primary
9election and the consolidated election and the candidates for
10each office and shall permit the elector to vote in the
11consolidated election by indicating his or her order of
12preference for each candidate for each office. To indicate his
13or her order of preference for each candidate for each office,
14the voter shall put the number one next to the name of the
15candidate who is the voter's first choice, the number 2 for his
16or her second choice, and so forth so that, in consecutive
17numerical order, a number indicating the voter's preference is
18written by the voter next to each candidate's name on the
19ranked ballot. The voter shall not be required to indicate his
20or her preference for more than one candidate on the ranked
21ballot. The voter may not cast a write-in vote using the ranked
22ballot for the consolidated election. The election authority
23shall, if using the ranked vote by mail ballot authorized by
24this subsection, also prepare instructions for use of the
25ranked ballot. The ranked ballot for the consolidated election
26shall be mailed to the voter at the same time that the ballot

 

 

HB5195- 5 -LRB103 38458 SPS 68594 b

1for the consolidated primary election is mailed to the voter
2and the election authority shall accept the completed ranked
3ballot for the consolidated election when the authority
4accepts the completed ballot for the consolidated primary
5election.
6    The voter shall also be sent a vote by mail ballot for the
7consolidated election for those races that are not related to
8the results of the consolidated primary election as soon as
9the consolidated election ballot is certified.
10    The State Board of Elections shall adopt rules for
11election authorities for the implementation of this
12subsection, including, but not limited to, the application for
13and counting of ranked ballots.
14(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.)