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ELECTIONS10 ILCS 5/24C-11
(10 ILCS 5/) Election Code.
(10 ILCS 5/24C-11)
A Direct Recording Electronic Voting System shall, in
addition to satisfying the other requirements of this Article,
fulfill the following functional requirements:
(a) Provide a voter in a primary election with the means
of casting a ballot containing votes for any and all candidates
of the party or parties of his or her choice, and for any and
all non-partisan candidates and public questions and preclude
the voter from voting for any candidate of any other political
party except when legally permitted. In a general election, the
system shall provide the voter with means of selecting the
appropriate number of candidates for any office, and of voting
on any public question on the ballot to which he or she is
entitled to vote.
(b) If a voter is not entitled to vote for particular
candidates or public questions appearing on the ballot, the
system shall prevent the selection of the prohibited votes.
(c) Once the proper ballot has been selected, the
system devices shall provide a means of enabling the recording
of votes and the casting of said ballot.
(d) System voting devices shall provide voting choices
that are clear to the voter and labels indicating the names of
every candidate and the text of every public question on the
voter's ballot. Each label shall identify the selection button
or switch, or the active area of the ballot associated with it.
The system shall be able to incorporate minimal, easy-to-follow
on-screen instruction for the voter on how to cast a ballot.
(e) Voting devices shall (i) enable the voter to vote for
any and all candidates and public questions appearing on the
ballot for which the voter is lawfully entitled to vote, in any
legal number and combination; (ii) detect and reject all votes
for an office or upon a public question when the voter has cast
more votes for the office or upon the public question than the
voter is entitled to cast; (iii) notify the voter if the voter's
choices as recorded on the ballot for an office or public
question are fewer than or exceed the number that the voter is
entitled to vote for on that office or public question and the
effect of casting more or fewer votes than legally permitted; (iv) notify
the voter if the voter has failed to completely cast a vote for
an office or public question appearing on the ballot; and (v)
permit the voter, in a private and independent manner, to verify
the votes selected by the voter, to change the ballot or to
correct any error on the ballot before the ballot is completely cast and
counted. A means shall be provided to indicate each selection
after it has been made or canceled.
(f) System voting devices shall provide a means for the
voter to signify that the selection of candidates and public
questions has been completed. Upon activation, the system shall
record an image of the completed ballot, increment the proper
ballot position registers, and shall signify to the voter that
the ballot has been cast. The system shall then prevent any
further attempt to vote until it has been reset or re-enabled by
a judge of election.
(g) Each system voting device shall be equipped with a
public counter that can be set to zero prior to the opening of
the polling place, and that records the number of ballots cast
at a particular election. The counter shall be incremented only
by the casting of a ballot. The counter shall be designed to
prevent disabling or resetting by other than authorized persons
after the polls close. The counter shall be visible to all
judges of election so long as the device is installed at the
(h) Each system voting device shall be equipped with a
protective counter that records all of the testing and election
ballots cast since the unit was built. This counter shall be
designed so that its reading cannot be changed by any cause
other than the casting of a ballot. The protective counter
shall be incapable of ever being reset and it shall be visible
at all times when the device is configured for testing,
maintenance, or election use.
(i) All system devices shall provide a means of preventing
further voting once the polling place has closed and after all
eligible voters have voted. Such means of control shall
incorporate a visible indication of system status. Each device
shall prevent any unauthorized use, prevent tampering with
ballot labels and preclude its re-opening once the poll closing
has been completed for that election.
(j) The system shall produce a printed summary report of
the votes cast upon each voting device. Until the proper
sequence of events associated with closing the polling place has
been completed, the system shall not allow the printing of a
report or the extraction of data. The printed report shall also
contain all system audit information to be required by the
election authority. Data shall not be altered or otherwise
destroyed by report generation and the system shall ensure the
integrity and security of data for a period of at least 6 months
after the polls close.
(k) If more than one voting device is used in a polling
place, the system shall provide a means to manually or
electronically consolidate the data from all such units into a
single report even if different voting systems are used to
record ballots. The system shall also be capable of
merging the vote tabulation results produced by other vote
tabulation systems, if necessary.
(l) System functions shall be implemented such that
unauthorized access to them is prevented and the execution of
authorized functions in an improper sequence is precluded.
System functions shall be executable only in the intended manner
and order, and only under the intended conditions. If the
preconditions to a system function have not been met, the
function shall be precluded from executing by the system's
(m) All system voting devices shall incorporate at least 3
memories in the machine itself and in its programmable memory
(n) The system shall include capabilities of recording and
reporting the date and time of normal and abnormal events and of
maintaining a permanent record of audit information that cannot
be turned off. Provisions shall be made to detect and record
significant events (e.g., casting a ballot, error conditions
that cannot be disposed of by the system itself, time-dependent
or programmed events that occur without the intervention of the
voter or a judge of election).
(o) The system and each system voting device must be
capable of creating, printing and maintaining a permanent paper
record and an electronic image of each ballot that is cast such
that records of individual ballots are maintained by a subsystem
independent and distinct from the main vote detection,
interpretation, processing and reporting path. The electronic
images of each ballot must protect the integrity of the data and
the anonymity of each voter, for example, by means of storage
location scrambling. The ballot image records may be either
machine-readable or manually transcribed, or both, at the
discretion of the election authority.
(p) The system shall include built-in test, measurement
and diagnostic software and hardware for detecting and reporting
the system's status and degree of operability.
(q) The system shall contain provisions for maintaining
the integrity of memory voting and audit data during an election
and for a period of at least 6 months thereafter and shall
provide the means for creating an audit trail.
(r) The system shall be fully accessible so as to permit blind or
visually impaired voters as well as voters with physical disabilities
to exercise their right to vote in private and without
(s) The system shall provide alternative language
accessibility if required pursuant to Section 203 of the Voting
Rights Act of 1965.
(t) Each voting device shall enable a voter to vote for a
person whose name does not appear on the ballot.
(u) The system shall record and count accurately each vote
properly cast for or against any candidate and for or against
any public question, including the names of all candidates whose
names are written in by the voters.
(v) The system shall allow for accepting provisional
ballots and for separating such provisional ballots from
precinct totals until authorized by the election authority.
(w) The system shall provide an effective audit trail as
defined in Section 24C-2 in this Code.
(x) The system shall be suitably designed for the purpose
used, be durably constructed, and be designed for safety,
accuracy and efficiency.
(y) The system shall comply with all provisions of
federal, State and local election laws and regulations and any
future modifications to those laws and regulations.
(Source: P.A. 98-1171, eff. 6-1-15; 99-143, eff. 7-27-15.)
10 ILCS 5/24C-12
(10 ILCS 5/24C-12)
Procedures for Counting and Tallying of
In an election jurisdiction where a Direct Recording
Electronic Voting System is used, the following procedures for
counting and tallying the ballots shall apply:
Before the opening of the polls, the judges of elections
shall assemble the voting equipment and devices and turn the
equipment on. The judges shall, if necessary, take steps to
activate the voting devices and counting equipment by inserting
into the equipment and voting devices appropriate data cards
containing passwords and data codes that will select the proper
ballot formats selected for that polling place and that will
prevent inadvertent or unauthorized activation of the poll-opening function.
Before voting begins and before ballots are
entered into the voting devices, the judges of election shall
cause to be printed a record of the following: the election's
identification data, the device's unit identification, the
ballot's format identification, the contents of each active
candidate register by office and of each active public question
register showing that they contain all zero votes, all ballot
fields that can be used to invoke special voting options, and
other information needed to ensure the readiness of the
equipment and to accommodate administrative reporting
requirements. The judges must also check to be sure that the
totals are all zeros in the counting columns and in the public
counter affixed to the voting devices.
After the judges have determined that a person is qualified
to vote, a voting device with the proper ballot to which the
voter is entitled shall be enabled to be used by the voter. The
ballot may then be cast by the voter by marking by appropriate
means the designated area of the ballot for the casting of a
vote for any candidate or for or against any public question.
The voter shall be able to vote for any and all candidates and
public measures appearing on the ballot in any legal number and
combination and the voter shall be able to delete, change or
correct his or her selections before the ballot is cast. The
voter shall be able to select candidates whose names do not
appear upon the ballot for any office by entering electronically
as many names of candidates as the voter is entitled to select
for each office.
Upon completing his or her selection of candidates or
public questions, the voter shall signify that voting has been
completed by activating the appropriate button, switch or active
area of the ballot screen associated with end of voting. Upon
activation, the voting system shall record an image of the
completed ballot, increment the proper ballot position
registers, and shall signify to the voter that the ballot has
been cast. Upon activation, the voting system shall also print
a permanent paper record of each ballot cast as defined in
Section 24C-2 of this Code. This permanent paper record shall
(i) be printed in a clear, readily readable format that can be easily reviewed by the voter for completeness and accuracy and (ii) either be self-contained within the voting device or be
deposited by the voter into a secure ballot box. No permanent
paper record shall be removed from the polling place except by
election officials as authorized by this Article. All permanent
paper records shall be preserved and secured by election
officials in the same manner as paper ballots and shall be
available as an official record for any recount, redundant
count, or verification or retabulation of the vote count
conducted with respect to any election in which the voting
system is used. The voter shall exit the voting station and
the voting system shall prevent any further attempt to vote
until it has been properly re-activated. If a voting device has
been enabled for voting but the voter leaves the polling place
without casting a ballot, 2 judges of election, one from each of
the 2 major political parties, shall spoil the ballot.
Throughout the election day and before the closing of the
polls, no person may check any vote totals for any candidate or
public question on the voting or counting equipment. Such
equipment shall be programmed so that no person may reset the
equipment for reentry of ballots unless provided the proper code
from an authorized representative of the election authority.
The precinct judges of election shall check the public
register to determine whether the number of ballots counted by
the voting equipment agrees with the number of voters voting as
shown by the applications for ballot. If the same do not agree,
the judges of election shall immediately contact the offices of
the election authority in charge of the election for further
instructions. If the number of ballots counted by the voting
equipment agrees with the number of voters voting as shown by
the application for ballot, the number shall be listed on the
"Statement of Ballots" form provided by the election authority.
The totals for all candidates and propositions shall be tabulated. One copy of an "In-Precinct Totals Report" shall be generated by the automatic tabulating equipment for return to the election authority. One copy of an "In-Precinct Totals Report" shall be generated and posted in a conspicuous place inside the polling place, provided that any authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots is present. The judges of election shall provide, if requested, a set for each authorized pollwatcher or other official authorized to be present in the polling place to observe the counting of ballots.
In addition, sufficient time
shall be provided by the judges of election to the pollwatchers
to allow them to copy information from the copy which has been
Until December 31, 2015, in elections at which fractional cumulative votes are cast for candidates, the tabulation of those fractional cumulative votes may be made by the election authority at its central office location, and 4 copies of a "Certificate of Results" shall be printed by the automatic tabulation equipment and shall be posted in 4 conspicuous places at the central office location where those fractional cumulative votes have been tabulated.
If instructed by the election authority, the judges of
election shall cause the tabulated returns to be transmitted
electronically to the offices of the election authority via
modem or other electronic medium.
The precinct judges of election shall select a bi-partisan
team of 2 judges, who shall immediately return the ballots in a
sealed container, along with all other election materials and
equipment as instructed by the election authority; provided,
however, that such container must first be sealed by the
election judges with filament tape or other approved sealing
devices provided for the purpose in a manner that the ballots
cannot be removed from the container without breaking the seal
or filament tape and disturbing any signatures affixed by the
election judges to the container. The election authority shall
keep the office of the election authority, or any receiving
stations designated by the authority, open for at least 12
consecutive hours after the polls close or until the ballots and
election material and equipment from all precincts within the
jurisdiction of the election authority have been returned to the
election authority. Ballots and election materials and
equipment returned to the office of the election authority which
are not signed and sealed as required by law shall not be
accepted by the election authority until the judges returning
the ballots make and sign the necessary corrections. Upon
acceptance of the ballots and election materials and equipment
by the election authority, the judges returning the ballots
shall take a receipt signed by the election authority and
stamped with the time and date of the return. The election
judges whose duty it is to return any ballots and election
materials and equipment as provided shall, in the event the
ballots, materials or equipment cannot be found when needed, on
proper request, produce the receipt which they are to take as
(Source: P.A. 96-1549, eff. 3-10-11; 97-766, eff. 7-6-12.)
10 ILCS 5/24C-13
(10 ILCS 5/24C-13)
Vote by Mail ballots; Early voting ballots; Proceedings at Location for
Central Counting; Employees; Approval of List.
(a) All jurisdictions using Direct Recording Electronic
Voting Systems shall use paper ballots or paper ballot sheets
approved for use under Articles 16, 24A or 24B of this Code when
conducting vote by mail voting. All vote by mail
ballots shall be counted at the central ballot counting location of the election
authority. The provisions of Section 24A-9, 24B-9 and 24C-9 of
this Code shall apply to the testing and notice requirements for
central count tabulation equipment, including comparing the
signature on the ballot envelope with the signature of the voter
on the permanent voter registration record card taken from the
master file. Vote results shall be recorded by precinct and shall
be added to the vote results for the precinct in which the vote by mail
voter was eligible to vote prior to completion of the
(b) All proceedings at the location for central counting
shall be under the direction of the county clerk or board of
election commissioners. Except for any specially trained
technicians required for the operation of the Direct Recording
Electronic Voting System, the employees at the counting station
shall be equally divided between members of the 2 leading
political parties and all duties performed by the employees
shall be by teams consisting of an equal number of members of
each political party. Thirty days before an election the county
clerk or board of election commissioners shall submit to the
chairman of each political party, for his or her approval or
disapproval, a list of persons of his or her party proposed to
be employed. If a chairman fails to notify the election
authority of his or her disapproval of any proposed employee
within a period of 10 days thereafter the list shall be deemed
(Source: P.A. 98-1171, eff. 6-1-15
10 ILCS 5/24C-14
(10 ILCS 5/24C-14)
Tabulating Votes; Direction;
Public; Computer Operator's Log and Canvass. The procedure for
tabulating the votes by the Direct Recording Electronic Voting
System shall be under the direction of the election authority
and shall conform to the requirements of the Direct Recording
Electronic Voting System. During any election-related activity
using the automatic Direct Recording Electronic Voting System
equipment, the election authority shall make a reasonable effort
to dedicate the equipment to vote processing to ensure the
security and integrity of the system.
A reasonable number of pollwatchers shall be admitted to
the counting location. Such persons may observe the tabulating
process at the discretion of the election authority; however, at
least one representative of each established political party and
authorized agents of the State Board of Elections shall be
permitted to observe this process at all times. No persons
except those employed and authorized for the purpose shall touch
any ballot, ballot box, return, or equipment.
The computer operator shall be designated by the election
authority and shall be sworn as a deputy of the election
authority. In conducting the vote tabulation and canvass, the
computer operator must maintain a log which shall include the
(a) alterations made to programs associated with the
(b) if applicable, console messages relating to the
program and the respective responses made by the operator;
(c) the starting time for each precinct counted, the
number of ballots counted for each precinct, any equipment problems and, insofar as practicable, the number of invalid security designations encountered during that count; and
(d) changes and repairs made to the equipment during
the vote tabulation and canvass.
The computer operator's log and canvass shall be available
for public inspection in the office of the election authority
for a period of 60 days following the proclamation of election
results. A copy of the computer operator's log and the canvass
shall be transmitted to the State Board of Elections upon its
request and at its expense.
(Source: P.A. 93-574, eff. 8-21-03.)
10 ILCS 5/24C-15
(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.)
10 ILCS 5/25-8
(10 ILCS 5/25-8)
(from Ch. 46, par. 25-8)
When a vacancy shall occur in the office of United States
Senator from this state, the Governor shall make temporary appointment to
fill such vacancy until the next election of representatives in Congress,
at which time such vacancy shall be filled by election, and the senator so
elected shall take office as soon thereafter as he shall receive his
certificate of election.
(Source: Laws 1943, vol. 2, p. 1.)
10 ILCS 5/25-10
(10 ILCS 5/25-10)
(from Ch. 46, par. 25-10)
This Section applies only to counties of 3,000,000 or more
population. When a vacancy occurs in the office of Clerk of the Circuit
Court of any of the counties in this State, it shall be the duty of the
Circuit Judges of the respective judicial circuit in which
such vacancy may occur, to make an appointment to fill the vacancy for
the remainder of the unexpired term. However, if more than 28 months
remain in the term, the appointment shall be until the next general
election, at which time a clerk of the circuit court shall be elected for
the balance of the unexpired term. 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 Clerk of the Circuit
Court. The Circuit Judges may appoint a Clerk Pro Tempore for whatever
period is necessary while reviewing the qualifications of candidates for
appointment to the office.
(Source: P.A. 90-672, eff. 7-31-98.)