Illinois Compiled Statutes
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ELECTIONS10 ILCS 5/24C-15
(10 ILCS 5/) Election Code.
(10 ILCS 5/24C-15)
Official Return of Precinct; Check of Totals;
The precinct return printed by the Direct Recording
Electronic Voting System tabulating equipment shall include the
number of ballots cast and votes cast for each candidate and
public question and shall constitute the official return of each
precinct. In addition to the precinct return, the election
authority shall provide the number of applications for ballots
in each precinct, the total number of ballots and vote by mail
ballots counted in each precinct for each political subdivision
and district and the number of registered voters in each
precinct. However, the election authority shall check the
totals shown by the precinct return and, if there is an obvious
discrepancy regarding the total number of votes cast in any
precinct, shall have the ballots for that precinct audited to
correct the return. The procedures for this audit shall apply
prior to and after the proclamation is completed; however, after
the proclamation of results, the election authority must obtain
a court order to unseal voted ballots or voting devices except
for election contests and discovery recounts. The certificate
of results, which has been prepared and signed by the judges of
election after the ballots have been
tabulated, shall be the document used for the canvass of votes
for such precinct. Whenever a discrepancy exists during the
canvass of votes between the unofficial results and the
certificate of results, or whenever a discrepancy exists during
the canvass of votes between the certificate of results and the
set of totals reflected on the certificate of results, the
ballots for that precinct shall be audited to correct the
Prior to the proclamation, the election authority shall
test the voting devices and equipment in 5% of the precincts
within the election jurisdiction, as well as 5% of the voting devices used in early voting. The precincts and the voting devices to be tested
shall be selected after election day on a random basis by the
State Board of Elections, so that every precinct and every device used in early voting in the election
jurisdiction has an equal mathematical chance of being selected.
The State Board of Elections shall design a standard and
scientific random method of selecting the precincts and voting devices that are to
be tested. The State central committee
chairman of each established political party shall be given prior written notice of the time
and place of the random selection procedure and may be
represented at the procedure.
The test shall be conducted by counting the votes marked on
the permanent paper record of each ballot cast in the tested
precinct printed by the voting system at the time that each
ballot was cast and comparing the results of this count with the
results shown by the certificate of results prepared by the
Direct Recording Electronic Voting System in the test precinct.
The election authority shall test count these votes either by
hand or by using an automatic tabulating device other than a
Direct Recording Electronic voting device that has been approved
by the State Board of Elections for that purpose and tested
before use to ensure accuracy. The election authority shall
print the results of each test count. If any error is detected,
the cause shall be determined and corrected, and an errorless
count shall be made prior to the official canvass and
proclamation of election results. If an errorless count cannot
be conducted and there continues to be difference in vote
results between the certificate of results produced by the
Direct Recording Electronic Voting System and the count of the
permanent paper records or if an error was detected and
corrected, the election authority shall immediately prepare and
forward to the appropriate canvassing board a written report
explaining the results of the test and any errors encountered
and the report shall be made available for public inspection.
The State Board of Elections, the State's Attorney and
other appropriate law enforcement agencies, the county chairman
of each established political party and qualified civic
organizations shall be given prior written notice of the time
and place of the test and may be represented at the test.
The results of this post-election test shall be treated in
the same manner and have the same effect as the results of the
discovery procedures set forth in Section 22-9.1 of this Code.
(Source: P.A. 97-81, eff. 7-5-11; 98-1171, eff. 6-1-15
10 ILCS 5/24C-15.01
(10 ILCS 5/24C-15.01)
Transporting Ballots to Central Counting
Station; Container. Upon completion of the tabulation, audit or
test of voting equipment pursuant to Sections 24C-11 through
24C-15, the ballots and the medium containing the ballots from
each precinct shall be replaced in the container in which they
were transported to the central counting station. If the
container is not a type which may be securely locked, then each
container, before being transferred from the counting station to
storage, shall be securely sealed.
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/24C-15.1
(10 ILCS 5/24C-15.1)
Discovery, Recounts and Election Contests.
Except as provided, discovery recounts and election contests
shall be conducted as otherwise provided for in this Code. The
Direct Recording Electronic Voting System equipment shall be
tested prior to the discovery recount or election contest as
provided in Section 24C-9, and then the official ballots shall
Any person who has filed a petition for discovery recount
may request that a redundant count be conducted in those
precincts in which the discovery recount is being conducted.
The additional costs of a redundant count shall be borne by the
The log of the computer operator and all materials retained
by the election authority in relation to vote tabulation and
canvass shall be made available for any discovery recount or
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/24C-16
(10 ILCS 5/24C-16)
Approval of Direct Recording Electronic Voting
The State Board of Elections shall approve
all Direct Recording Electronic Voting Systems that fulfill the
functional requirements provided by Section 24C-11 of this Code,
the mandatory requirements of the federal voting system
standards pertaining to Direct Recording Electronic Voting
Systems promulgated by the Federal Election Commission or the
Election Assistance Commission, the testing requirements of an
approved independent testing authority and the rules of the
State Board of Elections.
The State Board of Elections shall not approve any Direct Recording Electronic Voting System that includes an external Infrared Data Association (IrDA) communications port.
The State Board of Elections is authorized to withdraw its
approval of a Direct Recording Electronic Voting System if the
System, once approved, fails to fulfill the above requirements.
The vendor, person, or other private entity shall be solely responsible for the production and cost of: all application fees; all ballots; additional temporary workers; and other equipment or facilities needed and used in the testing of the vendor's, person's, or other private entity's respective equipment and software.
Any voting system vendor, person, or other private entity seeking the State Board of Elections' approval of a voting system shall, as part of the approval application, submit to the State Board a non-refundable fee. The State Board of Elections by rule shall establish an appropriate fee structure, taking into account the type of voting system approval that is requested (such as approval of a new system, a modification of an existing system, the size of the modification, etc.). No voting system or modification of a voting system shall be approved unless the fee is paid.
No vendor, person, or other entity may sell, lease, or loan, or have a written contract, including a contract contingent upon State Board approval of the voting system or voting system component, to sell, lease, or loan, a
Direct Recording Electronic Voting System or system component to
any election jurisdiction unless the system or system component
is first approved by the State Board of Elections pursuant to
(Source: P.A. 94-1000, eff. 7-3-06; 95-699, eff. 11-9-07.)
10 ILCS 5/24C-17
(10 ILCS 5/24C-17)
Rules; Number of Voting Stations.
Board of Elections may make reasonable rules for the
administration of this Article and may prescribe the number of
voting stations required for the various types of voting
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/24C-18
(10 ILCS 5/24C-18)
Specimen Ballots; Publication.
Direct Recording Electronic Voting System is used, the
election authority shall cause to be published, at least 5
days before the day of each general and general primary
election, in 2 or more newspapers published in and having a
general circulation in the county, a true and legible copy
of the specimen ballot containing the names of offices and
candidates and public questions to be voted on, as near as
may be, in the form in which they will appear on the
official ballot on election day. A true legible copy may
be in the form of an actual size ballot and shall be
published as required by this Section if distributed in 2
or more newspapers published and having a general
circulation in the county as an insert. For each election
prescribed in Article 2A of this Code, specimen ballots
shall be made available for public distribution and shall
be supplied to the judges of election for posting in the
polling place on the day of election. Notice for the
consolidated elections shall be given as provided in
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/24C-19
(10 ILCS 5/24C-19)
Additional Method of Voting.
foregoing Sections of this Article shall be deemed to
provide a method of voting in addition to the methods
otherwise provided in this Code.
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/Art. 25
(10 ILCS 5/Art. 25 heading)
RESIGNATIONS AND VACANCIES
10 ILCS 5/25-1
(10 ILCS 5/25-1)
(from Ch. 46, par. 25-1)
Except as otherwise provided in Section 25-2, resignations of
elective offices shall be made to the officer, court or county board authorized
by law to fill a vacancy in such office by appointment, or to order an election
to fill such vacancy.
(Source: P.A. 88-419.)
10 ILCS 5/25-2
(10 ILCS 5/25-2)
(from Ch. 46, par. 25-2)
Events on which an elective office becomes vacant.
elective office shall become vacant on the happening of any
of the following events before the expiration of the term of such office:
(1) The death of the incumbent.
(2) His or her resignation.
(3) His or her becoming a person under legal
(4) His or her ceasing to be an inhabitant of the
State; or if the office is local, his or her ceasing to be an inhabitant of the district, county, town, or precinct for which he or she was elected; provided, that the provisions of this paragraph shall not apply to township officers whose township boundaries are changed in accordance with Section 10-20 of the Township Code, to a township officer after disconnection as set forth in Section 15-17 of the Township Code, nor to township or multi-township assessors elected under Sections 2-5 through 2-15 of the Property Tax Code.
(5) His or her conviction of an infamous crime, or of
any offense involving a violation of official oath.
(6) His or her removal from office.
(7) His or her refusal or neglect to take his or her
oath of office, or to give or renew his or her official bond, or to deposit or file such oath or bond within the time prescribed by law.
(8) The decision of a competent tribunal declaring
his or her election void.
No elective office, except as herein otherwise provided, shall become
vacant until the successor of the incumbent of such office has been appointed
or elected, as the case may be, and qualified.
An unconditional resignation, effective at a future date, may not be
withdrawn after it is received by the officer authorized to fill the
vacancy. Such resignation shall create a vacancy in office for the purpose
of determining the time period which would require an election. The
resigning office holder may continue to hold such office until the date or
event specified in such resignation, but no later than the date at which
his or her successor is elected and qualified.
An admission of guilt of a criminal offense that would, upon conviction,
disqualify the holder of an elective office from holding that office, in the
form of a written agreement with State or federal prosecutors to plead guilty
to a felony, bribery, perjury, or other infamous crime under State or federal
law, shall constitute a resignation from that office, effective at the time the
plea agreement is made.
For purposes of this Section, a conviction for an offense that disqualifies
the holder of an elective office from holding that office shall occur on the
date of the return of a guilty verdict or, in the case of a trial by the court,
the entry of a finding of guilt.
This Section does not apply to any elected or appointed officers or officials of any municipality having a population under 500,000.
(Source: P.A. 94-529, eff. 8-10-05; 95-646, eff. 1-1-08.)
10 ILCS 5/25-3
(10 ILCS 5/25-3)
(from Ch. 46, par. 25-3)
(a) Whenever it is alleged that a vacancy in any office
exists, the officer, body, or county board who has authority to fill the
vacancy by appointment, or to order an election to fill such vacancy, shall
have power to determine whether or not the facts occasioning such vacancy
(b) On or before the 100th day previous to the day of election for
which judicial candidates are to be nominated:
(1) The Chief Justice of the Supreme Court shall
certify to the State Board of Elections the names of all judges who have died, resigned, retired or forfeited their office since the last general election and whose vacancies will be filled at the next general election.
(2) The secretary of the Illinois Courts Commission
shall certify to the State Board of Elections the names of judges who have been removed from office and whose vacancies will be filled at the next general election.
(3) The Secretary of State shall certify to the State
Board of Elections the names of judges who were eligible to stand for retention at the next general election, but failed to file a declaration of candidacy to succeed themselves in office or, having timely filed such a declaration, withdrew it.
(4) The State Board of Elections shall determine
whether the General Assembly has created new judgeships which are to be filled at the next general election.
If one of the events described in subsection (a) of Section 2A-9 of this
Code occurs between the 100th day and the 92nd day previous to the day of
election for which judicial candidates are to be nominated, the appropriate
aforementioned officer shall promptly certify the vacancy to the State Board of
(c) Except with regard to new judgeships which have been created by the
General Assembly, the State Board of Elections may rely upon the
certifications from the Supreme Court, the Illinois Courts Commission and
the Secretary of State to determine (1) when vacancies in judicial office
exist and (2) the judicial positions for which elections are to be held.
(Source: P.A. 86-1348
10 ILCS 5/25-4
(10 ILCS 5/25-4)
(from Ch. 46, par. 25-4)
In case of vacancies in the offices of Governor and
Lieutenant-Governor, the officer performing the duties of the office of
Governor, or if there is no such officer, the Secretary of State, shall
issue a proclamation appointing a day for a special election to fill such
vacancies, and shall issue a writ of election to the county clerks of the
several counties in the state, and shall also, when necessary, call a
special session of the General Assembly to canvass the votes cast at such
election; but if such vacancy shall occur not more than ninety (90) days
before a general election for members of the legislature, the vacancies
shall be filled at such general election, in which case no special session
of the General Assembly to canvass the votes shall be deemed necessary.
(Source: Laws 1943, vol. 2, p. 1.)
10 ILCS 5/25-5
(10 ILCS 5/25-5)
(from Ch. 46, par. 25-5)
In accordance with Section 7 of Article V of the Illinois Constitution of 1970, if the Attorney General, Secretary of State, Comptroller, or Treasurer fails to qualify, or if his or her office becomes vacant, the Governor shall fill the office by appointment. If there are 28 months or less remaining in the term at the time of the vacancy or failure to qualify, the appointed officer shall serve for the remainder of the term. If there are more than 28 months remaining in the term at the time of the vacancy or failure to qualify, the office shall be filled by a special election to be held at the next general election. In the case of a special election pursuant to this Section, the appointed officer shall serve until the election results are certified and the person elected at the special election is qualified. Nominations shall be made in accordance with Section 7-68 of this Code. For purposes of this Section, a special election shall not be held if the person elected to the office failed to qualify for a period of less than 30 calendar days. The office to be filled by special election shall appear on the regular ballot at the general election, and shall not require the use of a separate ballot.
(Source: P.A. 98-1170, eff. 1-12-15.)
10 ILCS 5/25-6
(10 ILCS 5/25-6)
(from Ch. 46, par. 25-6)
(a) When a vacancy occurs in the office of State Senator or
Representative in the General Assembly, the vacancy shall be filled within
30 days by appointment of the legislative or representative committee of
that legislative or representative district of the political
party of which the incumbent was a candidate at the time of his
election. The appointee shall be a member of the same political party as
the person he succeeds was at the time of his election, and shall be
otherwise eligible to serve as a member of the General Assembly.
(b) When a vacancy occurs in the office of a legislator elected
other than as a candidate of a political party, the vacancy shall be
filled within 30 days of such occurrence by appointment of the Governor.
The appointee shall not be a member of a political party, and shall be
otherwise eligible to serve as a member of the General Assembly.
Provided, however, the appropriate body of the General Assembly may, by
resolution, allow a legislator elected other than as a candidate of a
political party to affiliate with a political party for his term of
office in the General Assembly. A vacancy occurring in the office of any
such legislator who affiliates with a political party pursuant to
resolution shall be filled within 30 days of such occurrence by
appointment of the appropriate legislative or representative
committee of that legislative or representative district of the political
party with which the legislator so affiliates. The appointee shall be a
member of the political party with which the incumbent affiliated.
(c) For purposes of this Section, a person is a member of a
political party for 23 months after (i) signing a candidate petition, as
to the political party whose nomination is sought; (ii) signing a
statement of candidacy, as to the political party where nomination or
election is sought; (iii) signing a Petition of Political Party
Formation, as to the proposed political party; (iv) applying for and
receiving a primary ballot, as to the political party whose ballot is
received; or (v) becoming a candidate for election to or accepting
appointment to the office of ward, township, precinct or state central
(d) In making appointments under this Section, each committeeman of
the appropriate legislative or representative committee
shall be entitled to one vote for each vote that was received, in that
portion of the legislative or representative district which he represents
on the committee, by the Senator or Representative whose seat is vacant at the
general election at which that legislator was elected to the seat which
has been vacated and a majority of the total number of votes received in
such election by the Senator or Representative whose seat is vacant is
required for the appointment of his successor; provided,
however, that in making appointments in legislative or representative
districts comprising only one county or part of a county
other than a county containing 2,000,000 or more inhabitants, each
committeeman shall be entitled to cast only one vote.
(e) Appointments made under this Section shall be in writing
and shall be signed by members of the legislative or representative committee
whose total votes are sufficient to make the appointments or by the
Governor, as the case may be. Such appointments shall be filed with the
Secretary of State and with the Clerk of the House of Representatives or
the Secretary of the Senate, whichever is appropriate.
(f) An appointment made under this Section shall be for the
remainder of the term, except that, if the appointment is to fill a
vacancy in the office of State Senator and the vacancy occurs with more
than 28 months remaining in the term, the term of the
appointment shall expire at the time of
the next general election at which time a
Senator shall be elected for a new term commencing on the determination
of the results of the election and ending on the second Wednesday of
January in the second odd-numbered year next occurring. Whenever a
Senator has been appointed to fill a vacancy and
was thereafter elected to that office, the term of service under the
authority of the election shall
be considered a new term of service, separate from the term of service
rendered under the authority of the appointment.
(Source: P.A. 97-81, eff. 7-5-11.)
10 ILCS 5/25-7
(10 ILCS 5/25-7)
(from Ch. 46, par. 25-7)
(a) When any vacancy shall occur in the office of representative in congress
from this state more than 240 days before the next general election, the
Governor shall issue a writ of election within 5 days after the occurrence
of that vacancy to the county clerks of the several counties in the
district where the vacancy exists, appointing a day within 180 days of issuance of the writ to hold
a special election to fill such vacancy.
(b) Except as provided in this subsection (b), the provisions of Article 7 of this Code are applicable to petitions for the special primary election and special election. Petitions for nomination in accordance with Article 7 shall be filed in the principal office of the State Board of Elections not more than 85 and not less than 82 days prior to the date of the special primary election, excluding Saturday and Sunday. Petitions for the nomination of independent candidates and candidates of new political parties shall be filed in the principal office of the State Board of Elections not more than 93 and not less than 90 days prior to the date of the special election, excluding Saturday and Sunday.
Except as provided in this subsection, the State Board of Elections shall have authority to establish, in conjunction with the impacted election authorities, an election calendar for the special election and special primary.
(Source: P.A. 98-1171, eff. 6-1-15; 99-221, eff. 7-31-15.)