(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) (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) (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) (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) (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 | ||
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(2) They shall then proceed to ascertain the number | ||
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(3) If the primary ballots of any political party | ||
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(4) The primary judges shall then proceed to count | ||
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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) (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:
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
*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) (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) (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) (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) (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) (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) (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) (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) (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) (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 | ||
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(2) If there is to be more than one candidate elected | ||
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(3) If the voter has the right to vote for more than | ||
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(4) The term of office, if a vacancy is to be filled | ||
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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) (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 | ||
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(2) If there is to be more than one candidate elected | ||
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(3) If the voter has the right to vote for more than | ||
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(4) The term of office, if a vacancy is to be filled | ||
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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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(10 ILCS 5/7-61) (from Ch. 46, par. 7-61) Sec. 7-61. Whenever a special election is necessary, the provisions of this Article are applicable to the nomination of candidates to be voted for at such special election. In cases where a primary election is required, the officer or board or commission whose duty it is under the provisions of this Code relating to general elections to call an election shall fix a date for the primary for the nomination of candidates to be voted for at such special election. Notice of such primary shall be given at least 15 days prior to the maximum time provided for the filing of petitions for such a primary as provided in Section 7-12. Any vacancy in nomination under the provisions of this Article 7 occurring on or after the primary and prior to certification of candidates by the certifying board or officer must be filled prior to the date of certification. Any vacancy in nomination occurring after certification but prior to 15 days before the general election shall be filled within 8 days after the event creating the vacancy. The resolution filling the vacancy shall be sent by U. S. mail or personal delivery to the certifying officer or board within 3 days of the action by which the vacancy was filled; provided, if such resolution is sent by mail and the U. S. postmark on the envelope containing such resolution is dated prior to the expiration of such 3-day limit, the resolution shall be deemed filed within such 3-day limit. Failure to so transmit the resolution within the time specified in this Section shall authorize the certifying officer or board to certify the original candidate. Vacancies shall be filled by the officers of a local municipal or township political party as specified in subsection (h) of Section 7-8, other than a statewide political party, that is established only within a municipality or township and the managing committee (or legislative committee in case of a candidate for State Senator or representative committee in the case of a candidate for State Representative in the General Assembly or State central committee in the case of a candidate for statewide office, including, but not limited to, the office of United States Senator) of the respective political party for the territorial area in which such vacancy occurs. The resolution to fill a vacancy in nomination shall be duly acknowledged before an officer qualified to take acknowledgments of deeds and shall include, upon its face, the following information: (a) the name of the original nominee and the office | ||
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(b) the date on which the vacancy occurred; (c) the name and address of the nominee selected to | ||
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The resolution to fill a vacancy in nomination shall be accompanied by a Statement of Candidacy, as prescribed in Section 7-10, completed by the selected nominee and a receipt indicating that such nominee has filed a statement of economic interests as required by the Illinois Governmental Ethics Act. The provisions of Section 10-8 through 10-10.1 relating to objections to certificates of nomination and nomination papers, hearings on objections, and judicial review, shall apply to and govern objections to resolutions for filling a vacancy in nomination. Any vacancy in nomination occurring 15 days or less before the consolidated election or the general election shall not be filled. In this event, the certification of the original candidate shall stand and his name shall appear on the official ballot to be voted at the general election. A vacancy in nomination occurs when a candidate who has been nominated under the provisions of this Article 7 dies before the election (whether death occurs prior to, on or after the day of the primary), or declines the nomination; provided that nominations may become vacant for other reasons. If the name of no established political party candidate was printed on the consolidated primary ballot for a particular office and if no person was nominated as a write-in candidate for such office, a vacancy in nomination shall be created which may be filled in accordance with the requirements of this Section. Except as otherwise provided in this Code, if the name of no established political party candidate was printed on the general primary ballot for an office nominated under this Article and if no person was nominated as a write-in candidate for such office, a vacancy in nomination shall be filled only by a person designated by the appropriate committee of the political party and only if that designated person files nominating petitions with the number of signatures required for an established party candidate for that office within 75 days after the day of the general primary. The circulation period for those petitions begins on the day the appropriate committee designates that person. The person shall file his or her nominating petitions, statements of candidacy, notice of appointment by the appropriate committee, and receipt of filing his or her statement of economic interests together. These documents shall be filed at the same location as provided in Section 7-12. The electoral boards having jurisdiction under Section 10-9 to hear and pass upon objections to nominating petitions also shall hear and pass upon objections to nomination petitions filed by candidates under this paragraph. A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated for his or her nomination at such primary election, is ineligible to be listed on the ballot at that general or consolidated election as a candidate of another political party. A candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who is defeated for his or her nomination at such caucus is ineligible to be listed on the ballot at that general or consolidated election as a candidate of another political party. In the proceedings to nominate a candidate to fill a vacancy or to fill a vacancy in the nomination, each precinct, township, ward, county, or congressional district, as the case may be, shall, through its representative on such central or managing committee, be entitled to one vote for each ballot voted in such precinct, township, ward, county, or congressional district, as the case may be, by the primary electors of its party at the primary election immediately preceding the meeting at which such vacancy is to be filled. For purposes of this Section, the words "certify" and "certification" shall refer to the act of officially declaring the names of candidates entitled to be printed upon the official ballot at an election and directing election authorities to place the names of such candidates upon the official ballot. "Certifying officers or board" shall refer to the local election official, the election authority, or the State Board of Elections, as the case may be, with whom nomination papers, including certificates of nomination and resolutions to fill vacancies in nomination, are filed and whose duty it is to certify candidates. (Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23; 103-586, eff. 5-3-24.) |
(10 ILCS 5/7-62) (from Ch. 46, par. 7-62)
Sec. 7-62.
In cities having a board of election commissioners, the duties
herein imposed upon the county, city, incorporated town or village clerk,
as the case may be, shall be discharged by the board of election
commissioners in the same manner, as near as may be, and to the same extent
and with like effect that the similar duties imposed by this Article are
discharged by the county, city, incorporated town or village clerk, as the
case may be; and the ballots for the nomination of all candidates to be
voted for in such city shall be printed by the board of election
commissioners and the returns of the primary held in such city shall be
made to such board of election commissioners.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7-63) (from Ch. 46, par. 7-63)
Sec. 7-63. Any candidate whose name appears upon the primary ballot of any
political party may contest the election of the candidate or candidates
nominated for the office for which he or she was a candidate by his or her
political party, upon the face of the returns, by filing with the clerk of the
circuit court a petition in writing, setting forth the grounds of
contest, which petition shall be verified by the affidavit of the
petitioner or other person, and which petition shall be filed within 10
days after the completion of the canvass of the returns by the election authority making the final canvass of returns. The contestant
shall also file with that election authority (and if for the nomination
for an office, certified tabulated statements of the returns of which
are to be filed with the State Board of Elections, also with the election authorities in whose jurisdiction the
election was held), a notice of the pendency of the contest.
If the contest relates to an office involving more than one county,
the venue of the contest is (a) in the county in which the alleged
grounds of the contest exist or (b) if grounds for the contest are
alleged to exist in more than one county, then in any of those counties
or in the county in which any defendant resides.
Authority and jurisdiction are hereby vested in the circuit
court, to hear and determine primary contests. When a
petition to contest a primary is filed in the office of the clerk
of the court, the petition shall forthwith be presented to a judge
thereof, who shall note thereon the date of presentation, and shall note
thereon the day when the petition will be heard,
which shall not be more than 10 days thereafter.
Summons shall forthwith issue to each defendant named in the petition
and shall be served for the same manner as is provided for other civil
cases. Summons may be issued and served in any county in the State. The
case may be heard and determined by the circuit court at any time not
less than 5 days after service of process, and shall have preference in
the order of hearing to all other cases. The petitioner shall give
security for all costs.
Any defendant may file a counterclaim in the same manner as in
other civil cases.
The court shall
ascertain and declare by a judgment to be entered of record, the result
of such election. The judgment of the court shall be
appealable as in other civil cases. A certified copy of the judgment
shall forthwith be made by the clerk of the court and transmitted to the
election authority canvassing the returns for such office, and in case of contest, if
for nomination for an office, tabulated statements of returns for which
are filed with the State Board of Elections, also in the office of the election
authorities having jurisdiction. The proper election authority or authorities, as the case may be, shall correct the returns or the tabulated
statement of returns in accordance with the judgment.
(Source: P.A. 94-647, eff. 1-1-06.)
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