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91_HB4326
LRB9112180JMmb
1 AN ACT to amend the Election Code.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5 Sections 7-46, 16-3, 17-16.1, 24A-7, and 24B-6 as follows:
6 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
7 Sec. 7-46. On receiving from the primary judges a primary
8 ballot of his party, the primary elector shall forthwith and
9 without leaving the polling place, retire alone to one of the
10 voting booths and prepare such primary ballot by marking a
11 cross (X) in the square in front of and opposite the name of
12 each candidate of his choice for each office to be filled,
13 and for delegates and alternate delegates to national
14 nominating conventions, and for committeemen, if committeemen
15 are being elected at such primary.
16 Any primary elector may, instead of voting for any
17 candidate for nomination or for committeeman or for delegate
18 or alternate delegate to national nominating conventions,
19 whose name is printed on the primary ballot, write in the
20 name of any other person affiliated with such party as a
21 candidate for the nomination for any office, or for
22 committeeman, or for delegates or alternate delegates to
23 national nominating conventions, and indicate his choice of
24 such candidate or committeeman or delegate or alternate
25 delegate, by placing to the left of and opposite the name
26 thus written either (i) a square and placing in the square a
27 cross (X) or (ii) any other mark that indicates his or her
28 intent to vote for that name.
29 Where voting machines or electronic voting systems are
30 used, the provisions of this section may be modified as
31 required or authorized by Article 24 or Article 24A,
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1 whichever is applicable.
2 (Source: Laws 1965, p. 2220.)
3 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
4 Sec. 16-3. The names of all candidates to be voted for
5 in each election district or precinct shall be printed on one
6 ballot, except as is provided in Sections 16-6.1 and 21-1.01
7 of this Act and except as otherwise provided in this Act with
8 respect to the odd year regular elections and the emergency
9 referenda; all nominations of any political party being
10 placed under the party appellation or title of such party as
11 designated in the certificates of nomination or petitions.
12 The names of all independent candidates shall be printed upon
13 the ballot in a column or columns under the heading
14 "independent" arranged under the names or titles of the
15 respective offices for which such independent candidates
16 shall have been nominated and so far as practicable, the name
17 or names of any independent candidate or candidates for any
18 office shall be printed upon the ballot opposite the name or
19 names of any candidate or candidates for the same office
20 contained in any party column or columns upon said ballot.
21 The ballot shall contain no other names, except that in cases
22 of electors for President and Vice-President of the United
23 States, the names of the candidates for President and
24 Vice-President may be added to the party designation and
25 words calculated to aid the voter in his choice of candidates
26 may be added, such as "Vote for one," "Vote for three." When
27 an electronic voting system is used which utilizes a ballot
28 label booklet, the candidates and questions shall appear on
29 the pages of such booklet in the order provided by this Code;
30 and, in any case where candidates for an office appear on a
31 page which does not contain the name of any candidate for
32 another office, and where less than 50% of the page is
33 utilized, the name of no candidate shall be printed on the
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1 lowest 25% of such page. On the back or outside of the
2 ballot, so as to appear when folded, shall be printed the
3 words "Official Ballot", followed by the designation of the
4 polling place for which the ballot is prepared, the date of
5 the election and a facsimile of the signature of the election
6 authority who has caused the ballots to be printed. The
7 ballots shall be of plain white paper, through which the
8 printing or writing cannot be read. However, ballots for use
9 at the nonpartisan and consolidated elections may be printed
10 on different color paper, except blue paper, whenever
11 necessary or desirable to facilitate distinguishing between
12 ballots for different political subdivisions. In the case of
13 nonpartisan elections for officers of a political
14 subdivision, unless the statute or an ordinance adopted
15 pursuant to Article VII of the Constitution providing the
16 form of government therefor requires otherwise, the column
17 listing such nonpartisan candidates shall be printed with no
18 appellation or circle at its head. The party appellation or
19 title, or the word "independent" at the head of any column
20 provided for independent candidates, shall be printed in
21 capital letters not less than one-fourth of an inch in height
22 and a circle one-half inch in diameter shall be printed at
23 the beginning of the line in which such appellation or title
24 is printed, provided, however, that no such circle shall be
25 printed at the head of any column or columns provided for
26 such independent candidates. The names of candidates shall be
27 printed in capital letters not less than one-eighth nor more
28 than one-fourth of an inch in height, and at the beginning of
29 each line in which a name of a candidate is printed a square
30 shall be printed, the sides of which shall be not less than
31 one-fourth of an inch in length. However, the names of the
32 candidates for Governor and Lieutenant Governor on the same
33 ticket shall be printed within a bracket and a single square
34 shall be printed in front of the bracket. The list of
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1 candidates of the several parties and any such list of
2 independent candidates shall be placed in separate columns on
3 the ballot in such order as the election authorities charged
4 with the printing of the ballots shall decide; provided, that
5 the names of the candidates of the several political parties,
6 certified by the State Board of Elections to the several
7 county clerks shall be printed by the county clerk of the
8 proper county on the official ballot in the order certified
9 by the State Board of Elections. Any county clerk refusing,
10 neglecting or failing to print on the official ballot the
11 names of candidates of the several political parties in the
12 order certified by the State Board of Elections, and any
13 county clerk who prints or causes to be printed upon the
14 official ballot the name of a candidate, for an office to be
15 filled by the Electors of the entire State, whose name has
16 not been duly certified to him upon a certificate signed by
17 the State Board of Elections shall be guilty of a Class C
18 misdemeanor.
19 A write-in vote shall be counted if the voter has placed
20 a mark to the left of and opposite the write-in name that
21 indicates his or her intent to vote for that name, whether or
22 not the mark is a cross (X).
23 When an electronic voting system is used which utilizes a
24 ballot card, on the inside flap of each ballot card envelope
25 there shall be printed a form for write-in voting which shall
26 be substantially as follows:
27 WRITE-IN VOTES
28 (See card of instructions for specific information.
29 Duplicate form below by hand for additional write-in votes.)
30 _____________________________
31 Title of Office
32 ( ) ____________________________
33 Name of Candidate
34 When an electronic voting system is used which uses a
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1 ballot sheet, the instructions to voters on the ballot sheet
2 shall refer the voter to the card of instructions for
3 specific information on write-in voting. Below each office
4 appearing on such ballot sheet there shall be a provision for
5 the casting of a write-in vote.
6 When such electronic system is used, there shall be
7 printed on the back of each ballot card, each ballot card
8 envelope, and the first page of the ballot label when a
9 ballot label is used, the words "Official Ballot," followed
10 by the number of the precinct or other precinct
11 identification, which may be stamped, in lieu thereof and, as
12 applicable, the number and name of the township, ward or
13 other election district for which the ballot card, ballot
14 card envelope, and ballot label are prepared, the date of the
15 election and a facsimile of the signature of the election
16 authority who has caused the ballots to be printed. The back
17 of the ballot card shall also include a method of identifying
18 the ballot configuration such as a listing of the political
19 subdivisions and districts for which votes may be cast on
20 that ballot, or a number code identifying the ballot
21 configuration or color coded ballots, except that where there
22 is only one ballot configuration in a precinct, the precinct
23 identification, and any applicable ward identification, shall
24 be sufficient. Ballot card envelopes used in punch card
25 systems shall be of paper through which no writing or punches
26 may be discerned and shall be of sufficient length to enclose
27 all voting positions. However, the election authority may
28 provide ballot card envelopes on which no precinct number or
29 township, ward or other election district designation, or
30 election date are preprinted, if space and a preprinted form
31 are provided below the space provided for the names of
32 write-in candidates where such information may be entered by
33 the judges of election. Whenever an election authority
34 utilizes ballot card envelopes on which the election date and
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1 precinct is not preprinted, a judge of election shall mark
2 such information for the particular precinct and election on
3 the envelope in ink before tallying and counting any write-in
4 vote written thereon. If some method of insuring ballot
5 secrecy other than an envelope is used, such information must
6 be provided on the ballot itself.
7 In the designation of the name of a candidate on the
8 ballot, the candidate's given name or names, initial or
9 initials, a nickname by which the candidate is commonly
10 known, or a combination thereof, may be used in addition to
11 the candidate's surname. No other designation such as a title
12 or degree or nickname suggesting or implying possession of a
13 title, degree or professional status, or similar information
14 may be used in connection with the candidate's surname,
15 except that the title "Mrs." may be used in the case of a
16 married woman.
17 Where voting machines or electronic voting systems are
18 used, the provisions of this Section may be modified as
19 required or authorized by Article 24 or Article 24A,
20 whichever is applicable.
21 Nothing in this Section shall prohibit election
22 authorities from using or reusing ballot card envelopes which
23 were printed before the effective date of this amendatory Act
24 of 1985.
25 (Source: P.A. 84-1308.)
26 (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
27 Sec. 17-16.1. Write-in votes. A write-in vote shall be
28 counted if the voter has placed a mark to the left of and
29 opposite the write-in name that indicates his or her intent
30 to vote for that name, whether or not the mark is a cross
31 (X). Write-in votes shall be counted only for persons who
32 have filed notarized declarations of intent to be write-in
33 candidates with the proper election authority or authorities
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1 not later than 5:00 p.m. on the Tuesday immediately preceding
2 the election.
3 Forms for the declaration of intent to be a write-in
4 candidate shall be supplied by the election authorities.
5 Such declaration shall specify the office for which the
6 person seeks election as a write-in candidate.
7 The election authority or authorities shall deliver a
8 list of all persons who have filed such declarations to the
9 election judges in the appropriate precincts prior to the
10 election.
11 A candidate for whom a nomination paper has been filed as
12 a partisan candidate at a primary election, and who is
13 defeated for his or her nomination at the primary election is
14 ineligible to file a declaration of intent to be a write-in
15 candidate for election in that general or consolidated
16 election.
17 A candidate seeking election to an office for which
18 candidates of political parties are nominated by caucus who
19 is a participant in the caucus and who is defeated for his or
20 her nomination at such caucus is ineligible to file a
21 declaration of intent to be a write-in candidate for election
22 in that general or consolidated election.
23 A candidate seeking election to an office for which
24 candidates are nominated at a primary election on a
25 nonpartisan basis and who is defeated for his or her
26 nomination at the primary election is ineligible to file a
27 declaration of intent to be a write-in candidate for election
28 in that general or consolidated election.
29 Nothing in this Section shall be construed to apply to
30 votes cast under the provisions of subsection (b) of Section
31 16-5.01.
32 (Source: P.A. 89-653, eff. 8-14-96.)
33 (10 ILCS 5/24A-7) (from Ch. 46, par. 24A-7)
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1 Sec. 24A-7. A separate write-in ballot, which may be in
2 the form of a paper ballot, card or envelope in which the
3 elector places his ballot card after voting, shall be
4 provided if necessary to permit electors to write in the
5 names of persons whose names are not on the ballot. The
6 ballots, ballot cards and ballot card envelopes may, at the
7 discretion of the election authority, be printed on white
8 paper and then striped with the appropriate colors. When an
9 electronic voting system is used which utilizes a ballot
10 card, each ballot card envelope shall contain the write-in
11 form and information required by Section 16-3 of this Act.
12 A write-in vote shall be counted if the voter has placed
13 a mark to the left of and opposite the write-in name that
14 indicates his or her intent to vote for that name, whether or
15 not the mark is a cross (X).
16 (Source: P.A. 83-110.)
17 (10 ILCS 5/24B-6)
18 Sec. 24B-6. Ballot Information; Arrangement; Electronic
19 Precinct Tabulation Optical Scan Technology Voting System;
20 Absentee Ballots; Spoiled Ballots. The ballot information,
21 shall, as far as practicable, be in the order of arrangement
22 provided for paper ballots, except that the information may
23 be in vertical or horizontal rows, or on a number of separate
24 pages. Ballots for all questions or propositions to be voted
25 on should be provided in a similar manner and must be
26 arranged on the ballot sheet in the places provided for such
27 purposes. Ballots shall be of white paper unless provided
28 otherwise by administrative rule of the State Board of
29 Elections or otherwise specified.
30 All propositions, including but not limited to
31 propositions calling for a constitutional convention,
32 constitutional amendment, judicial retention, and public
33 measures to be voted upon shall be placed on separate
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1 portions of the ballot sheet by utilizing borders or grey
2 screens. Candidates shall be listed on a separate portion of
3 the ballot sheet by utilizing borders or grey screens. Below
4 the name of the last candidate listed for an office shall be
5 printed a line or lines on which the name of a candidate or
6 candidates may be written by the voter, and proximate to such
7 lines an area shall be provided for marking votes for the
8 write-in candidate or candidates. The number of write-in
9 lines for an office shall equal the number of candidates for
10 which a voter may vote. A write-in vote shall be counted if
11 the voter has placed a mark to the left of and opposite the
12 write-in name that indicates his or her intent to vote for
13 that name, whether or not the mark is a cross (X). More than
14 one amendment to the constitution may be placed on the same
15 portion of the ballot sheet. Constitutional convention or
16 constitutional amendment propositions shall be printed on a
17 separate portion of the ballot sheet and designated by
18 borders or grey screens, unless otherwise provided by
19 administrative rule of the State Board of Elections. More
20 than one public measure or proposition may be placed on the
21 same portion of the ballot sheet. More than one proposition
22 for retention of judges in office may be placed on the same
23 portion of the ballot sheet. Names of candidates shall be
24 printed in black. The party affiliation of each candidate
25 or the word "independent" shall appear near or under the
26 candidate's name, and the names of candidates for the same
27 office shall be listed vertically under the title of that
28 office. In the case of nonpartisan elections for officers of
29 political subdivisions, unless the statute or an ordinance
30 adopted pursuant to Article VII of the Constitution requires
31 otherwise, the listing of nonpartisan candidates shall not
32 include any party or "independent" designation. Judicial
33 retention ballots shall be designated by borders or grey
34 screens. Ballots for all public measures and other
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1 propositions shall be designated by borders or grey screens.
2 In primary elections, a separate ballot, shall be used for
3 each political party holding a primary, with the ballot
4 arranged to include names of the candidates of the party and
5 public measures and other propositions to be voted upon on
6 the day of the primary election.
7 If the ballot includes both candidates for office and
8 public measures or propositions to be voted on, the election
9 official in charge of the election shall divide the ballot in
10 sections for "Candidates" and "Propositions", or separate
11 ballots may be used.
12 Absentee ballots may consist of envelopes, paper ballots
13 or ballot sheets voted in person in the office of the
14 election official in charge of the election or voted by mail.
15 Where a Precinct Tabulation Optical Scan Technology ballot is
16 used for voting by mail it must be accompanied by voter
17 instructions.
18 Any voter who spoils his or her ballot, makes an error,
19 or has a ballot returned by the automatic tabulating
20 equipment may return the ballot to the judges of election and
21 get another ballot.
22 (Source: P.A. 89-394, eff. 1-1-97; 89-700, eff. 1-17-97.)
23 Section 99. Effective date. This Act takes effect upon
24 becoming law.