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Full Text of SB0439  95th General Assembly



SB0439 Enrolled LRB095 10021 JAM 30235 b

1     AN ACT concerning 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 changing Section
5 16-5.01 as follows:
6     (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)
7     Sec. 16-5.01. (a) The election authority shall, at least 60
8 days prior to the date of any general election at which federal
9 officers are elected and 45 days prior to any other regular
10 election, have a sufficient number of ballots printed so that
11 such ballots will be available for mailing 60 days prior to the
12 date of the election to persons who have filed application for
13 a ballot under the provisions of Article 20 of this Act.
14     (b) If at any general election at which federal offices are
15 elected the election authority is unable to comply with the
16 provisions of subsection (a), the election authority shall mail
17 to each such person, in lieu of the ballot, a Special Write-in
18 Absentee Voter's Blank Ballot. The Special Write-in Absentee
19 Voter's Blank Ballot shall be used only at general elections at
20 which federal officers are elected and shall be prepared by the
21 election authority in substantially the following form:
Special Write-in Absentee Voter's Blank Ballot
23     (To vote for a person, write the title of the office and



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1 his or her name on the lines provided. Place to the left of and
2 opposite the title of office a square and place a cross (X) in
3 the square.)
4         Title of Office                 Name of Candidate
5 (    )                                                       
6 (    )                                                       
7 (    )                                                       
8 (    )                                                       
9 (    )                                                       
10 (    )                                                       
11     The election authority shall send with the Special Write-in
12 Absentee Voter's Blank Ballot a list of all referenda for which
13 the voter is qualified to vote and all candidates for whom
14 nomination papers have been filed and for whom the voter is
15 qualified to vote. The voter shall be entitled to write in the
16 name of any candidate seeking election and any referenda for
17 which he or she is entitled to vote.
18     On the back or outside of the ballot, so as to appear when
19 folded, shall be printed the words "Official Ballot", the date
20 of the election and a facsimile of the signature of the
21 election authority who has caused the ballot to be printed.
22     The provisions of Article 20, insofar as they may be
23 applicable to the Special Write-in Absentee Voter's Blank
24 Ballot, shall be applicable herein.
25     (c) Notwithstanding any provision of this Code or other law
26 to the contrary, the governing body of a municipality may



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1 adopt, upon submission of a written statement by the
2 municipality's election authority attesting to the
3 administrative ability of the election authority to administer
4 an election using a ranked ballot to the municipality's
5 governing body, an ordinance requiring, and that
6 municipality's election authority shall prepare, a ranked
7 absentee ballot for municipal and township office candidates to
8 be voted on in the consolidated election. This ranked ballot
9 shall be for use only by a qualified voter who either is a
10 member of the United States military or will be outside of the
11 United States on the consolidated primary election day and the
12 consolidated election day. The ranked ballot shall contain a
13 list of the titles of all municipal and township offices
14 potentially contested at both the consolidated primary
15 election and the consolidated election and the candidates for
16 each office and shall permit the elector to vote in the
17 consolidated election by indicating his or her order of
18 preference for each candidate for each office. To indicate his
19 or her order of preference for each candidate for each office,
20 the voter shall put the number one next to the name of the
21 candidate who is the voter's first choice, the number 2 for his
22 or her second choice, and so forth so that, in consecutive
23 numerical order, a number indicating the voter's preference is
24 written by the voter next to each candidate's name on the
25 ranked ballot. The voter shall not be required to indicate his
26 or her preference for more than one candidate on the ranked



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1 ballot. The voter may not cast a write-in vote using the ranked
2 ballot for the consolidated election. The election authority
3 shall, if using the ranked absentee ballot authorized by this
4 subsection, also prepare instructions for use of the ranked
5 ballot. The ranked ballot for the consolidated election shall
6 be mailed to the voter at the same time that the ballot for the
7 consolidated primary election is mailed to the voter and the
8 election authority shall accept the completed ranked ballot for
9 the consolidated election when the authority accepts the
10 completed ballot for the consolidated primary election.
11     The voter shall also be sent an absentee ballot for the
12 consolidated election for those races that are not related to
13 the results of the consolidated primary election as soon as the
14 consolidated election ballot is certified.
15     The State Board of Elections shall adopt rules for election
16 authorities for the implementation of this subsection,
17 including but not limited to the application for and counting
18 of ranked ballots.
19 (Source: P.A. 86-875.)