093_HB3301

 
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 1        AN ACT in relation to elections.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The  Election  Code  is  amended  by  adding
 5    Sections 7-80, 16-15, and 17-50 as follows:

 6        (10 ILCS 5/7-80 new)
 7        Sec.  7-80.  Municipal  run-off.  Any  provision  of this
 8    Article  to  the  contrary  notwithstanding,   the   election
 9    authority  of  a  municipality  may  conduct  instant run-off
10    elections as provided in the  Illinois  Municipal  Code.  Any
11    provision  of  this  Article that would otherwise preclude an
12    instant run-off election is deemed  inapplicable  to  instant
13    run-off  elections  conducted in accordance with the Illinois
14    Municipal Code.

15        (10 ILCS 5/16-15 new)
16        Sec. 16-15.  Municipal run-off.  Any  provision  of  this
17    Article   to   the  contrary  notwithstanding,  the  election
18    authority of  a  municipality  may  prepare  instant  run-off
19    election  ballots as provided in the Illinois Municipal Code.
20    Any provision of this Article that would  otherwise  preclude
21    an  instant run-off election ballot is deemed inapplicable to
22    instant run-off election ballots prepared in accordance  with
23    the Illinois Municipal Code.

24        (10 ILCS 5/17-50 new)
25        Sec.  17-50.  Municipal  run-off.  Any  provision of this
26    Article  to  the  contrary  notwithstanding,   the   election
27    authority  of  a  municipality  may  conduct  instant run-off
28    elections as provided in the  Illinois  Municipal  Code.  Any
29    provision  of  this  Article that would otherwise preclude an
 
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 1    instant run-off election is deemed  inapplicable  to  instant
 2    run-off  elections  conducted in accordance with the Illinois
 3    Municipal Code.

 4        Section 10.  The Illinois Municipal Code  is  amended  by
 5    adding   Sections  3.1-15-45,  3.1-15-50,  and  3.1-15-55  as
 6    follows:

 7        (65 ILCS 5/3.1-15-45 new)
 8        Sec. 3.1-15-45. Instant runoff voting.
 9        (a)  Whenever the question of  incorporation  as  a  city
10    under  this Code is submitted for adoption to the electors of
11    any territory, village,  incorporated  town,  or  city  under
12    special  charter, there may be submitted at the same time for
13    adoption or rejection the question of instant  runoff  voting
14    for mayor, city clerk, city treasurer, and city councilman or
15    alderman.  The  proposition  shall  be in the following form:
16    Shall instant runoff  voting  for  mayor,  city  clerk,  city
17    treasurer, and city councilman or alderman be adopted?
18        (b)  If  a  majority of the votes cast on the question at
19    any election are for instant runoff voting  for  mayor,  city
20    clerk,  city  treasurer, and city councilman or alderman, the
21    mayor, city clerk, city treasurer,  and  city  councilman  or
22    alderman,  except  as otherwise provided, thereafter shall be
23    elected as provided in Section 3.1-15-50.
24        (c)  If a majority of the votes cast on the  question  at
25    any  election  are  against  instant runoff voting for mayor,
26    city clerk, city treasurer, and city councilman or  alderman,
27    the mayor, city clerk, city treasurer, and city councilman or
28    alderman shall be elected as otherwise provided in this Code.
29        (d)  At  any time after the incorporation of a city under
30    this Code,  on  petition  of  electors  equal  in  number  to
31    one-eighth  the  number  of  legal  votes  cast  at  the next
32    preceding general municipal election, the  city  clerk  shall
 
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 1    certify  the question of the adoption or retention of instant
 2    runoff voting to the proper election authority for submission
 3    to the electors of that city. The proposition shall be in the
 4    same form as provided in this Section, except that  the  word
 5    "retained"  shall  be substituted for the word "adopted" when
 6    appropriate. A question of instant  runoff  voting,  however,
 7    shall not be submitted more than once within 32 months.

 8        (65 ILCS 5/3.1-15-50 new)
 9        Sec.  3.1-15-50.  Mayor,  city clerk, city treasurer, and
10    city councilman or alderman under instant runoff voting plan.
11        (a)  The ballot shall be designed to allow an elector  to
12    vote  for the elector's first, second, and third choices from
13    among the candidates,  including  candidates  listed  on  the
14    ballot or one write-in candidate.
15        (b)  Ballots shall be counted as follows:
16             (1)  The  elector's  vote  shall  be assigned to the
17        candidate marked as the elector's first  choice.  If  one
18        candidate  receives a majority of the first-choice votes,
19        that candidate shall be declared nominated.
20             (2)  If no candidate  receives  a  majority  of  the
21        first-choice  votes,  the  candidate receiving the fewest
22        first-choice votes shall be eliminated.  Each  vote  cast
23        for  the eliminated candidate shall be transferred to the
24        candidate who was  each  elector's  next  choice  on  the
25        ballot.
26             (3)  Candidates with the fewest votes shall continue
27        to  be  eliminated,  with  the votes for those candidates
28        transferred to the candidate who was each elector's  next
29        choice  on  the  ballot  until  a  candidate  receives  a
30        majority  of  the votes cast. When a candidate receives a
31        majority of  votes,  that  candidate  shall  be  declared
32        nominated.
33             (4)  Notwithstanding  any provision of this Section,
 
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 1        a candidate shall be eliminated before the first tally of
 2        ballots if the candidate receives fewer than  500  votes,
 3        or  fewer  than  10%  of  the  total  votes  cast for the
 4        nomination, whichever is less.
 5        (C)  An  elector  may  vote  the  elector's  choices   as
 6    follows:
 7             (1)  For  each  office for which there are 3 or more
 8        candidates listed on the ballot, an elector may  indicate
 9        3 choices.
10             (2)  For   each   office   for  which  there  are  2
11        candidates listed on the ballot, an elector may  indicate
12        2 choices.
13             (3)  For  each  office  for which there is one or no
14        candidate listed on the ballot, an elector  may  indicate
15        one choice.
16        (d)  If  all  candidates  for  whom an elector voted on a
17    ballot are eliminated, the ballot shall be declared exhausted
18    and may not be considered in any continuing determination  of
19    whether a candidate for the nomination received a majority of
20    votes  cast.  If  the  ballot of an elector does not list the
21    elector's choices in  numerical  order,  the  elector's  next
22    clearly  indicated  choice  in  order shall be counted. If an
23    elector's ballot assigns the same numeric choice to more than
24    one  candidate,  those  assignments  are  invalid,  and   the
25    elector's  vote is transferred to the next numeric choice, if
26    any.
27        (e)  If 2 or more candidates for the same  nomination  or
28    election,  after  a  recount of the votes cast, have an equal
29    number of votes at any stage of the counting of the votes and
30    one of the candidates is to be eliminated, the tie  shall  be
31    resolved by lot.

32        (65 ILCS 5/3.1-15-55 new)
33        Sec.  3.1-15-55.   Instant runoff election validation. In
 
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 1    any case in which a city held an election for city  officers,
 2    such election is declared to be legal and valid if an instant
 3    runoff method was used, as described in Section 3.1-15-45, if
 4    the election was in other respects in conformity with law.