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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
() 10 ILCS 5/7-46
(10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
Sec. 7-46.
On receiving from the primary judges a primary ballot of his
party, the primary elector shall forthwith and without leaving the polling
place, retire alone to one of the voting booths and prepare such primary
ballot by marking a cross (X) in the square in front of and opposite the
name of each candidate of his choice for each office to be filled, and for
delegates and alternate delegates to national nominating conventions, and
for committeepersons, if committeepersons are being elected at such primary. A cross (X) in the square in front of the bracket enclosing the names of a team of candidates for Governor and Lieutenant Governor counts as one vote for each of those candidates.
Any primary elector may, instead of voting for any candidate for
nomination or for committeeperson or for delegate or alternate delegate to
national nominating conventions, whose name is printed on the primary
ballot, write in the name of any other person affiliated with such party as
a candidate for the nomination for any office, or for committeeperson, or for
delegates or alternate delegates to national nominating conventions, and
indicate his choice of such candidate or committeeperson or delegate or
alternate delegate, by placing to the left of and opposite the name thus
written a square and placing in the square a cross (X). A primary elector, however, may not by this method vote separately for Governor and Lieutenant Governor but must write in the names of candidates of his or her choice for both offices and indicate his or her choice of those names by placing a single square to the left of those names and placing in that square a cross (X).
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-47
(10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
Sec. 7-47.
Before leaving the booth, the primary elector shall fold his
primary ballot in such manner as to conceal the marks thereon. Such voter
shall then vote forthwith by handing the primary judge the primary ballot
received by such voter. Thereupon the primary judge shall deposit such
primary ballot in the ballot box. One of the judges shall thereupon enter
in the primary poll book the name of the primary elector, his residence and
his party affiliation or shall make the entries on the official poll record
as required by articles 4, 5 and 6, if any one of them is applicable.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: Laws 1965, p. 2220.)
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10 ILCS 5/7-47.1
(10 ILCS 5/7-47.1) (from Ch. 46, par. 7-47.1)
Sec. 7-47.1.
(a) In the case of an emergency, as determined by the
State Board of Elections, or if the Board determines that all potential
polling places have been surveyed by the election authority and that no
accessible polling place, as defined by rule of the State Board of
Elections, is available within a precinct nor is the election authority
able to make a polling place within the precinct temporarily accessible,
the Board, upon written application by the election authority, is
authorized to grant an exemption from the accessibility requirements of the
Federal Voting Accessibility for the Elderly and Handicapped Act (Public
Law 98-435). Such exemption shall be valid for a period of 2 years.
(b) Any temporarily or permanently physically disabled voter who,
because of structural features of the building in which the polling place
is located, is unable to access or enter the polling place, may request
that 2 judges of election of opposite party affiliation deliver a ballot to
him or her at the point where he or she is unable to continue forward
motion toward the polling place; but, in no case, shall a ballot be
delivered to the voter beyond 50 feet of the entrance to the building in
which the polling place is located. Such request shall be made to the
election authority not later than the close of business at the election
authority's office on the day before the election and on a form prescribed
by the State Board of Elections. The election authority shall notify the
judges of election for the appropriate precinct polling places of such requests.
Weather permitting, 2 judges of election shall deliver to the
disabled voter the ballot which he or she is entitled to vote, a portable
voting booth or other enclosure that will allow such voter to mark his or
her ballot in secrecy, and a marking device.
(c) The voter must complete the entire voting process, including the
application for ballot from which the judges of election shall compare the
voter's signature with the signature on his or her registration record card
in the precinct binder.
After the voter has marked his or her ballot and placed it in the
ballot envelope (or folded it in the manner prescribed for paper ballots),
the 2 judges of election shall return the ballot to the polling place and
give it to the judge in charge of the ballot box who shall deposit it therein.
Pollwatchers as provided in Sections 7-34 and 17-23 of this Code shall
be permitted to accompany the judges and observe the above procedure.
No assistance may be given to such voter in marking his or her ballot,
unless the voter requests assistance and completes the affidavit required
by Section 17-14 of this Code.
(Source: P.A. 84-808.)
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10 ILCS 5/7-48
(10 ILCS 5/7-48) (from Ch. 46, par. 7-48)
Sec. 7-48.
Any primary elector who may declare upon oath, properly
witnessed and with his or her signature or mark affixed, that he or she
requires assistance to vote by reason of blindness, physical disability or
inability to read, write or speak the English language, shall, upon
request, be assisted in marking his or her primary ballot in the same
manner as provided by this Act for general elections.
(Source: P.A. 84-808.)
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10 ILCS 5/7-49
(10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
Sec. 7-49.
After the opening of the polls at a primary no adjournment shall
be had nor recess taken until the canvass of all the votes is completed and
the returns carefully enveloped and sealed.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: Laws 1965, p. 2220.)
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10 ILCS 5/7-50
(10 ILCS 5/7-50) (from Ch. 46, par. 7-50)
Sec. 7-50.
The votes shall be canvassed in the room or place where the
primary is held and the primary judges shall not allow the ballot box or
any of the ballots, or the primary poll book, or any of the tally sheets to
be removed or carried away from such room or polling place until the
canvass of the votes is completed and the returns carefully enveloped and
sealed.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/7-51
(10 ILCS 5/7-51) (from Ch. 46, par. 7-51)
Sec. 7-51.
If the primary elector marks more names upon the primary
ballot than there are persons to be nominated as candidates for an
office, or for State central committeepersons, or precinct committeepersons, or
township committeepersons, or ward committeepersons, or delegates or alternate
delegates to National nominating conventions, or if for any reason it is
impossible to determine the primary elector's choice of a candidate for
the nomination for an office, or committeeperson, or delegate, his primary
ballot shall not be counted for the nomination for such office or committeeperson.
No primary ballot, without the endorsement of the judge's initials
thereon, shall be counted.
No judge shall omit to endorse his initials on a primary ballot, as
required by this Article, nor shall any person not authorized so to do
initial a primary ballot knowing that he is not so authorized.
Primary ballots not counted shall be marked "defective" on the back
thereof; and primary ballots to which objections have been made by
either of the primary judges or challengers shall be marked "objected
to" on the back thereof; and a memorandum, signed by the primary judges,
stating how it was counted, shall be written on the back of each primary
ballot so marked; and all primary ballots marked "defective" or
"objected to" shall be enclosed in an envelope and securely sealed, and
so marked and endorsed as to clearly disclose its contents. The envelope
to be used for enclosing ballots marked "defective" or "objected to"
shall bear upon its face, in not less than 1 1/2 inch type, the legend:
"This envelope is for use after 6:00 P.M. only." The envelope to be used
for enclosing ballots spoiled by voters while attempting to vote shall
bear upon its face, in not less than 1 1/2 inch type, the legend: "This
envelope is for use before 6:00 P.M. only."
All primary ballots not voted, and all that have been spoiled by
voters while attempting to vote, shall be returned to the proper election authority
by the primary judges, and a receipt taken therefor, and shall be
preserved 2 months. Such official shall keep a record of the number of
primary ballots delivered for each polling place, and he or they shall
also enter upon such record the number and character of primary ballots
returned, with the time when and the persons by whom they are returned.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-52
(10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
Sec. 7-52.
Immediately upon closing the polls, the primary judges
shall proceed to canvass the votes in the manner following:
(1) They shall separate and count the ballots of each | |
(2) They shall then proceed to ascertain the number
| | of names entered on the applications for ballot under each party affiliation.
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(3) If the primary ballots of any political party
| | exceed the number of applications for ballot by voters of such political party, the primary ballots of such political party shall be folded and replaced in the ballot box, the box closed, well shaken and again opened and one of the primary judges, who shall be blindfolded, shall draw out so many of the primary ballots of such political party as shall be equal to such excess. Such excess ballots shall be marked "Excess-Not Counted" and signed by a majority of the judges and shall be placed in the "After 6:00 p.m. Defective Ballots Envelope". The number of excess ballots shall be noted in the remarks section of the Certificate of Results. "Excess" ballots shall not be counted in the total of "defective" ballots.
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(4) The primary judges shall then proceed to count
| | the primary ballots of each political party separately; and as the primary judges shall open and read the primary ballots, 3 of the judges shall carefully and correctly mark upon separate tally sheets the votes which each candidate of the party whose name is written or printed on the primary ballot has received, in a separate column for that purpose, with the name of such candidate, the name of his political party and the name of the office for which he is a candidate for nomination at the head of such column. The same column, however, shall be used for both names of the same team of candidates for Governor and Lieutenant Governor.
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Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 96-1018, eff. 1-1-11; 97-333, eff. 8-12-11.)
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10 ILCS 5/7-53
(10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
Sec. 7-53.
As soon as the ballots of a political party shall have
been read and the votes of the political party counted, as provided in
the last above section, the 3 judges in charge of the tally sheets shall
foot up the tally sheets so as to show the total number of votes cast
for each candidate of the political party and for each candidate for
State Central committeeperson and precinct committeeperson, township committeeperson
or ward committeeperson, and delegate and alternate delegate
to National nominating conventions, and certify the same to be correct.
Thereupon, the primary judges shall set down in a certificate of results
on the tally sheet, under the name of the political party, the name of
each candidate voted for upon the primary ballot, written at full
length, the name of the office for which he is a candidate for
nomination or for committeeperson, or delegate or alternate delegate to
National nominating conventions, the total number of votes which the
candidate received, and they shall also set down the total number of
ballots voted by the primary electors of the political party in the
precinct. The certificate of results shall be made substantially in the
following form:
................ Party
At the primary election held in the .... precinct of the (1) *township of
...., or (2) *City of ...., or (3) *.... ward in the city of .... on (insert
date), the primary electors of the ....
party voted .... ballots, and the respective candidates whose names were
written or printed on the primary ballot of the .... party, received
respectively the following votes:
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Name of |
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No. of |
Candidate, |
Title of Office, |
Votes |
John Jones |
Governor |
100 |
Jane James | Lieutenant Governor | 100 |
Sam Smith |
Governor |
70 |
Samantha Smythe | Lieutenant Governor | 70 |
Frank Martin |
Attorney General |
150 |
William Preston |
Rep. in Congress |
200 |
Frederick John |
Circuit Judge |
50 |
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*Fill in either (1), (2) or (3).
And so on for each candidate.
We hereby certify the above and foregoing to be true and correct.
Dated (insert date).
...................................
Name Address
...................................
Name Address ...................................
Name Address ...................................
Name Address
...................................
Name Address Judges of Primary
Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 and Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-54
(10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
Sec. 7-54.
After the votes of a political party have been counted and
set down and the tally sheets footed and the entry made in the primary
poll books or return, as above provided, all the primary ballots of said
political party, except those marked "defective" or "objected to" shall
be securely bound, lengthwise and in width, with a soft cord having a
minimum tensile strength of 60 pounds separately for each political
party in the order in which said primary ballots have been read, and
shall thereupon be carefully sealed in an envelope, which envelope shall
be endorsed as follows:
"Primary ballots of the.... party of the.... precinct of the county
of.... and State of Illinois."
Below each endorsement, each primary judge shall write his name.
Immediately thereafter the judges shall designate one of their number to
go to the nearest
telephone and report to the office of the county clerk or board of
election commissioners (as the case may be) the results of such primary.
Such clerk or board shall keep his or its office open after the close of
the polls until he or it has received from each precinct under his or
its jurisdiction the report above provided for. Immediately upon
receiving such report such clerk or board shall cause the same to be
posted in a public place in his or its office for inspection by the
public. Immediately after making such report such judge shall return to
the polling place.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 81-1433.)
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10 ILCS 5/7-55
(10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
Sec. 7-55.
The primary poll books or the official poll record, and the
tally sheets with the certificates of the primary judges written thereon,
together with the envelopes containing the ballots, including the envelope
containing the ballots marked "defective" or "objected to", shall be
carefully enveloped and sealed up together, properly endorsed, and the
primary judges shall elect 2 judges (one from each of the major political
parties), who shall immediately deliver the same to the clerk from whom the
primary ballots were obtained, which clerk shall safely keep the same for 2
months, and thereafter shall safely keep the poll books until the next
primary. Each election authority shall keep the office of the election
authority, or any receiving stations designated by such authority, open
for at least 12 consecutive hours after the polls close,
or until the judges of each precinct under the jurisdiction of the election
authority have delivered to the election authority all the above materials
sealed up together and properly endorsed as provided herein. Materials
delivered to the election authority which are not in the condition required
by this Section shall not be accepted by the election authority until the
judges delivering the same make and sign the necessary corrections. Upon
acceptance of the materials by the election authority, the judges delivering
the same shall take a receipt signed by the election authority and stamped
with the time and date of
such delivery. The election judges whose duty it is to deliver any materials
as above provided shall, in the event such materials cannot be found when
needed, on proper request, produce the receipt which they are to take as
above provided.
The county clerk or board of election commissioners shall deliver a copy
of each tally sheet to the county chairmen of the two largest political
parties.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 and Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-56
(10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
Sec. 7-56. As soon as complete returns are delivered to the proper election
authority, the returns shall be canvassed for all primary elections as follows. The election authority acting as the canvassing board
pursuant to Section 1-8 of this Code shall also open
and canvass the returns of a primary. Upon the
completion of the canvass of the returns by the election authority,
the election authority shall make a tabulated statement of the returns
for each political party separately, stating in appropriate columns and
under proper headings, the total number of votes cast in said county for
each candidate for nomination or election by said party, including candidates for
President of the United States and for State central committeepersons, and
for delegates and alternate delegates to National nominating
conventions, and for precinct committeepersons, township committeepersons, and
for ward committeepersons. Within 2 days after the completion of said
canvass by the election authority, the county clerk shall mail to the
State Board of Elections a certified copy of such tabulated statement of
returns. The
election authority shall also determine and set down as to each precinct the
number of ballots voted by the primary electors of each party at the primary.
In the case of the nomination or election of candidates for offices,
including President of the United States and the State central committeepersons, and delegates and alternate delegates to National
nominating conventions, certified tabulated statement of returns for
which are filed with the State Board of Elections, said returns shall be
canvassed by the election authority. And, provided, further, that within 5 days after
said returns shall be canvassed by the said Board, the Board shall cause
to be published in one daily newspaper of general circulation at the
seat of the State government in Springfield a certified statement of the
returns filed in its office, showing the total vote cast in the State
for each candidate of each political party for President of the United
States, and showing the total vote for each candidate of each political
party for President of the United States, cast in each of the several
congressional districts in the State.
Within 48 hours of conducting a canvass, as required
by this Code, of the consolidated
primary, the election authority shall deliver
an original certificate of results to each local election official, with
respect to whose political subdivisions nominations were made at such primary,
for each precinct in his jurisdiction in which such nominations were on
the ballot. Such original certificate of results need not include any offices
or nominations for any other political subdivisions.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-56.1
(10 ILCS 5/7-56.1) (from Ch. 46, par. 7-56.1)
Sec. 7-56.1.
The county clerk or board of election commissioners shall, upon request,
and by mail if so requested, furnish free of charge to any candidate for
State office, including State Senator and Representative in the General
Assembly, whose name appeared upon the primary ballot within the
jurisdiction of the county clerk or board of election commissioners, a copy
of the abstract of votes by precinct for all candidates for the office for
which such person was a candidate. Such abstract shall be furnished no
later than 2 days after the receipt of the request or 8 days after the
completing of the canvass, whichever is later.
(Source: P.A. 78-775.)
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10 ILCS 5/7-56.2
(10 ILCS 5/7-56.2) (from Ch. 46, par. 7-56.2)
Sec. 7-56.2.
The provisions of this Article 7 governing the conduct of
primaries for the nomination of officers of units of local government at
the consolidated primary of odd numbered years, shall also govern the conduct
of those municipal primaries held in even numbered years 6 weeks before
the date of the general primary election pursuant to Article 2A of this
Code. In applying the provisions of this Article to those even numbered
year municipal elections, references to the "election" shall be construed
to refer to the municipal election to be held on the day of the general
primary, and references to the "consolidated primary" shall be construed
to refer to the municipal primary of the even numbered year.
(Source: P.A. 80-1469.)
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10 ILCS 5/7-57
(10 ILCS 5/7-57) (from Ch. 46, par. 7-57)
Sec. 7-57.
The death of any candidate prior to, or on, the date of the
primary shall not affect the canvass of the ballots. If the result of such
canvass discloses that such candidate, if he had lived, would have been
nominated, such candidate shall be declared nominated.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/7-58
(10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
Sec. 7-58. Each county clerk or board of election
commissioners shall, upon completion of the
canvassing of the returns, make and transmit to the State Board of
Elections and to each election authority whose duty it is to print the
official ballot for the election for which the nomination is made a
proclamation of the results of the primary. The proclamation shall state
the name of each candidate of each political party so
nominated or elected, as shown by the returns, together with the name of
the office for which he or she was nominated or elected, including precinct,
township and ward committeepersons, and including in the case of the State
Board of Elections, candidates for State central committeepersons, and
delegates and alternate delegates to National nominating conventions. If
a notice of contest is filed, the election authority shall, within one
business day after receiving a certified copy of the court's judgment or
order, amend its proclamation accordingly and proceed to file an amended
proclamation with the appropriate election authorities and with the State
Board of Elections.
The State Board of Elections shall issue a certificate of
election to each of the persons shown by the returns and the
proclamation thereof to be elected State central committeepersons, and
delegates and alternate delegates to National nominating conventions;
and the county clerk shall issue a certificate of election to each
person shown by the returns to be elected precinct, township or ward committeeperson. The certificate issued to such precinct committeeperson shall
state the number of ballots voted in his or her precinct by the primary
electors of his or her party at the primary at which he or she was elected. The
certificate issued to such township committeeperson shall state the number
of ballots voted in his or her township or part of a township, as the case may
be, by the primary electors of his or her party at the primary at which he or she was
elected. The certificate issued to such ward committeeperson shall state
the number of ballots voted in his or her ward by the primary electors of his or her
party at the primary at which he or she was elected.
(Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
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10 ILCS 5/7-59
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
Sec. 7-59. (a) The person receiving the highest number of votes at a
primary as a candidate of a party for the nomination for an office shall
be the candidate of that party for such office, and his name as such
candidate shall be placed on the official ballot at the election then
next ensuing; provided that where there are 2 or more persons to be
nominated for the same office or board, the requisite number of persons
receiving the highest number of votes shall be nominated, and their names
shall be placed on the official ballot at the following election.
Except as otherwise provided by Section 7-8 of this Code, the
person receiving the highest number of votes of his party for
State central committeeperson of his congressional district shall be
declared elected State central committeeperson from said congressional
district.
Unless a national political party specifies that delegates and
alternate delegates to a National nominating convention be allocated by
proportional selection representation according to the results of a
Presidential preference primary, the requisite number of persons
receiving the highest number of votes of their party for delegates and
alternate delegates to National nominating conventions from the State at
large, and the requisite number of persons receiving the highest number of
votes of their party for delegates and alternate delegates to National
nominating conventions in their respective congressional districts shall be
declared elected delegates and alternate delegates to the National
nominating conventions of their party.
A political party which elects the members to its State Central Committee
by Alternative B under paragraph (a) of Section 7-8 shall select its
congressional district delegates and alternate delegates to its national
nominating convention by proportional selection representation according to
the results of a Presidential preference primary in each congressional
district in the manner provided by the rules of the national political
party and the State Central Committee, when the rules and policies of the
national political party so require.
A political party which elects the members to its State Central Committee
by Alternative B under paragraph (a) of Section 7-8 shall select its
at large delegates and alternate delegates to its national
nominating convention by proportional selection representation according to
the results of a Presidential preference primary in the whole State in the
manner provided by the rules of the national political party and the State
Central Committee, when the rules and policies of the national political
party so require.
The person receiving the highest number of votes of his party for
precinct committeeperson of his precinct shall be declared elected precinct committeeperson
from said precinct.
The person receiving the highest number of votes of his party for
township committeeperson of his township or part of a township as the case
may be, shall be declared elected township committeeperson from said
township or part of a township as the case may be. In cities where ward committeepersons
are elected, the person receiving the highest number of
votes of his party for ward committeeperson of his ward shall be declared
elected ward committeeperson from said ward.
When 2 or more persons receive an equal and the highest number of
votes for the nomination for the same office or for committeeperson of the
same political party, or where more than one person of the same
political party is to be nominated as a candidate for office or committeeperson, if it appears that more than the number of persons to be
nominated for an office or elected committeeperson have the highest and an
equal number of votes for the nomination for the same office or for
election as committeeperson, the election authority by which the returns of the primary
are canvassed shall decide by lot which of said persons shall be
nominated or elected, as the case may be. In such case the election authority shall issue notice in writing to such persons of such tie vote
stating therein the place, the day (which shall not be more than 5 days thereafter) and the hour when such nomination or election shall
be so determined.
(b) Except as otherwise provided in this Code, write-in votes shall be counted only for persons who have filed
notarized declarations of intent to be write-in candidates with the proper
election authority or authorities not later than 61 days prior to
the primary. However, whenever an objection to a candidate's nominating papers or petitions for any office is sustained under Section 10-10 after the 61st day before the election, then write-in votes shall be counted for that candidate if he or she has filed a notarized declaration of intent to be a write-in candidate for that office with the proper election authority or authorities not later than 7 days prior to the election.
Forms for the declaration of intent to be a write-in candidate shall be
supplied by the election authorities. Such declaration shall specify the
office for which the person seeks nomination or election as a write-in
candidate.
The election authority or authorities shall deliver a list of all persons
who have filed such declarations to the election judges in the appropriate
precincts prior to the primary.
(c) (1) Notwithstanding any other provisions of this Section, where
the number of candidates whose names have been printed on a party's
ballot for nomination for or election to an office at a primary is less
than the number of persons the party is entitled to nominate for or elect
to the office at the primary, a person whose name was not printed on the
party's primary ballot as a candidate for nomination for or election to the
office, is not nominated for or elected to that office as a result of a
write-in vote at the primary unless the number of votes he received equals
or exceeds the number of signatures required on a petition for nomination
for that office; or unless the number of votes he receives exceeds the
number of votes received by at least one of the candidates whose names were
printed on the primary ballot for nomination for or election to the same
office.
(2) Paragraph (1) of this subsection does not apply where the number
of candidates whose names have been printed on the party's ballot for
nomination for or election to the office at the primary equals or exceeds
the number of persons the party is entitled to nominate for or elect to the
office at the primary.
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.)
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10 ILCS 5/7-60
(10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
Sec. 7-60. Not less than 74 days before the date of the general
election, the State Board of Elections shall certify to the county clerks
the names of each of the candidates who have been nominated as shown by the
proclamation of the State Board of Elections as a canvassing board or who
have been nominated to fill a vacancy in nomination and direct the election
authority to place upon the official ballot for the general election the
names of such candidates in the same manner and in the same order as shown
upon the certification, except as otherwise provided in this Code.
Except as otherwise provided in this Code, not less than 68 days before the date of the general election, each
county clerk shall certify the names of each of the candidates for county
offices who have been nominated as shown by the proclamation of the county
election authority or who have been nominated to fill a vacancy in nomination
and declare that the names of such candidates for the respective offices
shall be placed upon the official ballot for the general election in the
same manner and in the same order as shown upon the certification, except
as otherwise provided by this Section. Each county clerk shall place a
copy of the certification on file in his or her office and at the same
time issue to the State Board of Elections a copy of such certification.
In addition, each county clerk in whose county there is a board of election
commissioners shall, not less than 68 days before the date of the general
election, issue to such board a copy of the certification that has been
filed in the county clerk's office, together with a copy of the
certification that has been issued to the clerk by the State Board of
Elections, with directions to the board of election commissioners to place
upon the official ballot for the general election in that election
jurisdiction the names of all candidates that are listed on such
certifications, in the same manner and in the same order as shown upon such
certifications, except as otherwise provided in this Section.
Whenever there are two or more persons nominated by the same political
party for multiple offices for any board, the name of the candidate of such
party receiving the highest number of votes in the primary election as a
candidate for such office, as shown by the official election returns of the
primary, shall be certified first under the name of such offices, and the
names of the remaining candidates of such party for such offices shall
follow in the order of the number of votes received by them respectively at
the primary election as shown by the official election results.
No person who is shown by the final
proclamation to have
been nominated or elected at the primary as a write-in candidate shall have his or her
name certified unless such person shall have filed with the certifying
office or board within 10 days after the election authority's proclamation
a statement of candidacy pursuant to Section 7-10, a statement pursuant
to Section 7-10.1, and a receipt for the filing of a statement of economic interests in relation to the unit of government to which he or she has been elected or nominated.
Each county clerk and board of election commissioners shall determine
by a fair and impartial method of random selection the order of placement
of established political party candidates for the general election ballot.
Such determination shall be made within 30 days following the canvass and proclamation
of the results of the general primary
in the office of the county clerk or board of election commissioners and
shall be open to the public. Seven days written notice of the time and place
of conducting such random selection shall be given, by each such election
authority, to the County Chair of each established political party, and
to each organization of citizens within the election jurisdiction which
was entitled, under this Article, at the next preceding election, to have
pollwatchers present on the day of election. Each election authority shall
post in a conspicuous, open and public place, at the entrance of the election
authority office, notice of the time and place of such lottery. However,
a board of election commissioners may elect to place established political
party candidates on the general election ballot in the same order determined
by the county clerk of the county in which the city under the jurisdiction
of such board is located.
Each certification shall indicate, where applicable, the following:
(1) The political party affiliation of the candidates | | for the respective offices;
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(2) If there is to be more than one candidate elected
| | to an office from the State, political subdivision or district;
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(3) If the voter has the right to vote for more than
| | one candidate for an office;
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(4) The term of office, if a vacancy is to be filled
| | for less than a full term or if the offices to be filled in a political subdivision are for different terms.
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The State Board of Elections or the county clerk, as the case may be,
shall issue an amended certification whenever it is discovered that the
original certification is in error.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/7-60.1
(10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
Sec. 7-60.1. Certification of candidates - consolidated election.
Each local election official of a political subdivision in which candidates
for the respective local offices are nominated at the consolidated primary
shall, no later than 5 days following the canvass and proclamation of the
results of the consolidated primary, certify to each election authority
whose duty it is to prepare the official ballot for the consolidated
election in that political subdivision the names of each of the candidates
who have been nominated as shown by the proclamation of the appropriate election authority or who have been nominated to fill a vacancy in nomination
and direct the election authority to place upon the official ballot for the
consolidated election the names of such candidates in the same manner and
in the same order as shown upon the certification, except as otherwise
provided by this Section.
Whenever there are two or more persons nominated by the same political
party for multiple offices for any board, the name of the candidate of such
party receiving the highest number of votes in the consolidated primary
election as a candidate for such consolidated primary, shall be certified
first under the name of such office, and the names of the remaining
candidates of such party for such offices shall follow in the order of the
number of votes received by them respectively at the consolidated primary
election as shown by the official election results.
No person who is shown by the election authority's proclamation to have
been nominated at the consolidated primary as a write-in candidate shall
have his or her name certified unless such person shall have filed with the
certifying office or board within 5 days after the election authority's
proclamation a statement of candidacy pursuant to Section 7-10 and a
statement pursuant to Section 7-10.1.
Each board of election commissioners of the cities in which established
political party candidates for city offices are nominated at the
consolidated primary shall determine by a fair and impartial method of
random selection the order of placement of the established political party
candidates for the consolidated ballot. Such determination shall be made
within 5 days following the canvass and proclamation of the results of the
consolidated primary and shall be open to the public. Three days written
notice of the time and place of conducting such random selection shall be
given, by each such election authority, to the County Chair of each
established political party, and to each organization of citizens within
the election jurisdiction which was entitled, under this Article, at the
next preceding election, to have pollwatchers present on the day of
election. Each election authority shall post in a conspicuous, open and
public place, at the entrance of the election authority office, notice of
the time and place of such lottery.
Each local election official of a political subdivision in which
established political party candidates for the respective local offices are
nominated by primary shall determine by a fair and impartial method of
random selection the order of placement of the established political party
candidates for the consolidated election ballot and, in the case of certain
municipalities having annual elections, on the general primary ballot for
election. Such determination shall be made prior to the canvass and
proclamation of results of the consolidated primary or special municipal
primary, as the case may be, in the office of the local election official and
shall be open to the public. Three days written notice of the time and
place of conducting such random selection shall be given, by each such
local election official, to the County Chair of each established
political party, and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the next preceding
election, to have pollwatchers present on the day of election. Each local
election official shall post in a conspicuous, open and public place notice of
such lottery. Immediately thereafter, the local election official shall
certify the ballot placement order so determined to the proper election
authorities charged with the preparation of the consolidated election, or
general primary,
ballot for that political subdivision.
Not less than 68 days before the date of the consolidated election, each
local election official of a political subdivision in which established
political party candidates for the respective local offices have been
nominated by caucus or have been nominated because no primary was required
to be held shall certify to each election authority whose duty it is to
prepare the official ballot for the consolidated election in that political
subdivision the names of each of the candidates whose certificates of
nomination or nomination papers have been filed in his or her office and
direct the election authority to place upon the official ballot for the
consolidated election the names of such candidates in the same manner and
in the same order as shown upon the certification. Such local election
official shall, prior to certification, determine by a fair and impartial
method of random selection the order of placement of the established
political party candidates for the consolidated election ballot. Such
determination shall be made in the office of the local election official
and shall be open to the public. Three days written notice of the time and
place of conducting such random selection shall be given by each such local
election official to the county chair of each established political
party, and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the next preceding
election, to have pollwatchers present on the day of election. Each local
election official shall post in a conspicuous, open and public place, at the
entrance of the office, notice of the time and place of such lottery. The
local election official shall certify the ballot placement order so
determined as part of his official certification of candidates to the
election authorities whose duty it is to prepare the official ballot for
the consolidated election in that political subdivision.
The certification shall indicate, where applicable, the following:
(1) The political party affiliation of the candidates | | for the respective offices;
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(2) If there is to be more than one candidate elected
| | or nominated to an office from the State, political subdivision or district;
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(3) If the voter has the right to vote for more than
| | one candidate for an office;
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(4) The term of office, if a vacancy is to be filled
| | for less than a full term or if the offices to be filled in a political subdivision or district are for different terms.
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The local election official shall issue an amended certification whenever
it is discovered that the original certification is in error.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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