Illinois Compiled Statutes
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ELECTIONS10 ILCS 5/Art. 1
(10 ILCS 5/) Election Code.
(10 ILCS 5/Art. 1 heading)
10 ILCS 5/1-1
(10 ILCS 5/1-1)
(from Ch. 46, par. 1-1)
This Act may be cited as the Election Code. This Act is the
general election law of Illinois and
any reference in any other Act to "the general election law" or "the
general election law of this State" is a reference to this Act, as now or
(Source: P.A. 86-1475
10 ILCS 5/1-2
(10 ILCS 5/1-2)
(from Ch. 46, par. 1-2)
The provisions of this Act, so far as they are the same as those
of any prior statute, shall be construed as a continuation of such prior
provisions, and not as a new enactment.
If in any other statute reference is made to an Act of the General
Assembly, or a section of such an Act, which is continued in this election
Code, such reference shall be held to refer to the Act or section thereof
so continued in this Code.
(Source: Laws 1943, vol. 2, p. 1.)
10 ILCS 5/1-3
(10 ILCS 5/1-3)
(from Ch. 46, par. 1-3)
As used in this Act, unless the context otherwise requires:
1. "Election" includes the submission of all questions of public
policy, propositions, and all measures submitted to popular vote, and
includes primary elections when so indicated by the context.
2. "Regular election" means the general, general primary,
consolidated and consolidated primary elections regularly scheduled in Article
2A. The even numbered year municipal primary established in Article 2A is
a regular election only with respect to those municipalities in which a
primary is required to be held on such date.
3. "Special election" means an election not regularly recurring at fixed
intervals, irrespective of whether it is held at the same time and place and by
the same election officers as a regular election.
4. "General election" means the biennial election at which members of
the General Assembly are elected. "General primary election", "consolidated election" and "consolidated primary election" mean
the respective elections or the election dates designated and established
in Article 2A of this Code.
5. "Municipal election" means an election or primary, either regular
or special, in cities, villages, and incorporated towns; and "municipality"
means any such city, village or incorporated town.
6. "Political or governmental subdivision" means any unit of local
government, or school district in which elections are or may be held.
"Political or governmental subdivision" also includes, for election purposes,
Regional Boards of School Trustees, and Township Boards of School Trustees.
7. The word "township" and the word "town" shall apply
interchangeably to the type of governmental organization established in
accordance with the provisions of the Township Code. The term
"incorporated town" shall mean a municipality referred to as an
incorporated town in the Illinois Municipal Code, as now or hereafter
8. "Election authority" means a county clerk or a Board of Election
9. "Election Jurisdiction" means (a) an entire county, in the case of
a county in which no city board of election commissioners is located or
which is under the jurisdiction of a county board of election commissioners;
(b) the territorial jurisdiction of a city board of election commissioners;
and (c) the territory in a county outside of the jurisdiction of a city
board of election commissioners. In each instance election jurisdiction
shall be determined according to which election authority maintains the
permanent registration records of qualified electors.
10. "Local election official" means the clerk or secretary of a unit
of local government or school district, as the case may be, the treasurer
of a township board of school trustees, and the regional superintendent
of schools with respect to the various school officer elections and school
referenda for which the regional superintendent is assigned election duties
by The School Code, as now or hereafter amended.
11. "Judges of election", "primary judges" and similar terms, as
applied to cases where there are 2 sets of judges, when used in
connection with duties at an election during the hours the polls are
open, refer to the team of judges of election on duty during such hours;
and, when used with reference to duties after the closing of the polls,
refer to the team of tally judges designated to count the vote after the
closing of the polls and the holdover judges designated pursuant to
Section 13-6.2 or 14-5.2. In such case, where, after the closing of the
polls, any act is required to be performed by each of the judges of
election, it shall be performed by each of the tally judges and by each
of the holdover judges.
12. "Petition" of candidacy as used in Sections 7-10 and 7-10.1
shall consist of a statement of candidacy, candidate's statement
containing oath, and sheets containing signatures of qualified primary
electors bound together.
13. "Election district" and "precinct", when used with reference to
a 30-day residence requirement, means the smallest constituent territory
in which electors vote as a unit at the same polling place in any
election governed by this Act.
14. "District" means any area which votes as a unit for the election of
any officer, other than the State or a unit of local government or school
district, and includes, but is not limited to, legislative, congressional
and judicial districts, judicial circuits, county board districts,
municipal and sanitary district wards, school board districts, and precincts.
15. "Question of public policy" or "public question"
means any question, proposition or measure submitted to the voters at an
election dealing with subject matter other than the nomination or election
of candidates and shall include, but is not limited to, any bond or tax
referendum, and questions relating to the Constitution.
16. "Ordinance providing the form of government of a municipality
or county pursuant to Article VII of the Constitution" includes ordinances,
resolutions and petitions adopted by referendum which provide for the form
of government, the officers or the manner of selection or terms of office
of officers of such municipality or county, pursuant to the provisions of
Sections 4, 6 or 7 of Article VII of the Constitution.
17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, 6-60, and 6-66
shall include a computer tape or computer disc or other electronic data
processing information containing voter information.
18. "Accessible" means accessible to persons with disabilities and elderly
individuals for the purpose of voting or registration, as determined by
rule of the State Board of Elections.
19. "Elderly" means 65 years of age or older.
20. "Person with a disability" means a person having a temporary or permanent physical disability.
21. "Leading political party" means one of the two political parties
whose candidates for governor at the most recent three gubernatorial
elections received either the highest or second highest average number of
votes. The political party whose candidates for governor received the
highest average number of votes shall be known as the first leading
political party and the political party whose candidates for governor
received the second highest average number of votes shall be known as the
second leading political party.
22. "Business day" means any day in which the office of an election
authority, local election official or the State Board of Elections is open
to the public for a minimum of 7 hours.
23. "Homeless individual" means any person who has a nontraditional
residence, including, but not limited to, a shelter, day shelter, park
bench, street corner, or space under a bridge.
24. "Signature" means a name signed in ink or in digitized form. This definition does not apply to a nominating or candidate petition or a referendum petition.
25. "Intelligent mail barcode tracking system" means a printed trackable barcode attached to the return business reply envelope for mail-in ballots under Article 19 or Article 20 that allows an election authority to determine the date the envelope was mailed in absence of a postmark.
(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
10 ILCS 5/1-3.5
(10 ILCS 5/1-3.5)
Any references to absentee ballots, absentee voters, absentee registration, or absentee voting procedures in this Code shall be construed to refer to vote by mail ballots, persons who vote by mail, registration by mail, or voting by mail.
(Source: P.A. 98-1171, eff. 6-1-15
10 ILCS 5/1-4
(10 ILCS 5/1-4)
(from Ch. 46, par. 1-4)
(a) In any case in which this Act prescribes a period of time within
which petitions for nomination must be filed, the office in which
petitions must be filed shall remain open for the receipt of such
petitions until 5:00 P.M. on the last day of the filing period.
(b) For the 2013 consolidated election period, an election authority or local election official shall accept until 104 days before the election at which candidates are to be on the ballot any petitions for nomination or certificate of nomination required by this Code to be filed no earlier than 113 and no later than 106 days before the consolidated election. Notwithstanding any other provision of this Code, for purposes of this subsection (b) only, signatures and circulator statements on petitions for nomination filed with an election authority or local election official on the final day for filing petitions for nomination shall not be deemed invalid for the sole reason that the petitions were circulated between 90 and 92 days before the last day for filing petitions.
(Source: P.A. 97-1134, eff. 12-3-12.)
10 ILCS 5/1-5
(10 ILCS 5/1-5)
(from Ch. 46, par. 1-5)
(Source: P.A. 86-873. Repealed by P.A. 89-653, eff. 8-14-96.)
10 ILCS 5/1-6
(10 ILCS 5/1-6)
Computing dates of various acts; Saturday, Sunday, and holidays.
(a) If the first or last day fixed by law to do any act required or
allowed by this Code falls on a State holiday or a Saturday or a Sunday, the
period shall extend through the first business day next
following the day
otherwise fixed as the first or last day,
irrespective of whether any election authority or local election official
conducts business on the State holiday, Saturday, or Sunday.
(b) For the purposes of this Section, "State holiday" means New Year's
Day, Dr. Martin Luther King, Jr.'s Birthday, Lincoln's Birthday, President's
Day, Casimir Pulaski's Birthday, Good Friday, Memorial Day, Independence Day,
Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, Christmas Day, and
any other day from time to time declared by the President of the United States
or the Governor of Illinois to be a day during which the agencies of the State
of Illinois that are ordinarily open to do business with the public shall be
closed for business.
(c) Notwithstanding any other provision of this Code, nominating
papers, petitions of objection to nominating papers, certificates of withdrawal
of candidacy, and reports of political committees actually received by election
authorities and local election officials on a State holiday, a Saturday, or a
Sunday shall not be deemed invalid or defective for that reason alone.
(Source: P.A. 89-653, eff. 8-14-96; 90-672, eff. 7-31-98.)
10 ILCS 5/1-7
(10 ILCS 5/1-7)
No straight party voting.
Notwithstanding any provision of law
to the contrary, straight party voting by a single vote is not permitted in
(Source: P.A. 89-700, eff. 1-17-97.)
10 ILCS 5/1-8
(10 ILCS 5/1-8)
Canvassing boards abolished.
any other provision of this Code, local canvassing boards are
abolished. In this Code or any other law a reference to a
local or county canvassing board means (i) for elections in
which the political subdivision that is choosing
candidates or submitting a public question is located
entirely within the jurisdiction of a single election
authority, that election authority and (ii) for elections for offices and public questions not listed in Section 22-1 of this Code in
which the political subdivision that is choosing candidates
or submitting a public question is located within the
jurisdiction of 2 or more election authorities, the election
authority having jurisdiction over the location at which the
political subdivision has its principal office.
(Source: P.A. 94-647, eff. 1-1-06.)
10 ILCS 5/1-9
(10 ILCS 5/1-9)
Central counting of grace period, early, vote by mail, and provisional ballots.
Notwithstanding any statutory provision to the contrary enacted before the effective date of this amendatory Act of the 94th General Assembly, all grace period ballots, early voting ballots, vote by mail ballots, and provisional ballots to be counted shall be delivered to and counted at an election authority's central ballot counting location and not in precincts. References in this Code enacted before the effective date of this amendatory Act of the 94th General Assembly to delivery and counting of grace period ballots, early voting ballots, vote by mail ballots, or provisional ballots to or at a precinct polling place or to the proper polling place shall be construed as references to delivery and counting of those ballots to and at the election authority's central ballot counting location.
(Source: P.A. 98-1171, eff. 6-1-15
10 ILCS 5/1-9.1
(10 ILCS 5/1-9.1)
Ballot counting information dissemination.
Each election authority maintaining a website must provide 24-hour notice on its website of the date, time, and location of the analysis, processing, and counting of all ballot forms. Each election authority must notify any political party or pollwatcher of the same information 24 hours before the count begins if such political party or pollwatcher has requested to be notified. Notification may be by electronic mail at the address provided by the requester.
(Source: P.A. 98-1171, eff. 6-1-15
10 ILCS 5/1-9.2
(10 ILCS 5/1-9.2)
Uncounted ballot information on website.
No later than 48 hours after the closing of polling locations on election day, each election authority maintaining a website shall post the number of ballots that remain uncounted. The posting shall separate the number of ballots yet to be counted into the following categories: ballots cast on election day, early voting ballots, provisional ballots, vote by mail ballots received by the election authority but not counted, and vote by mail ballots sent by the election authority but have not been returned to the election authority. This information shall be updated on the website of the election authority each day until the period for counting provisional and vote by mail ballots has ended. All election authorities, regardless of whether they maintain a website, shall share the same information, separated in the same manner, with the State Board of Elections no later than 48 hours after the closing of polling locations on election day and each business day thereafter until the period for counting provisional and vote by mail ballots has ended.
(Source: P.A. 98-1171, eff. 6-1-15