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91_SB1913
LRB9112220JMmbB
1 AN ACT to amend the Election Code by changing Sections
2 7-46, 16-3, and 17-16.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Sections 7-46, 16-3, and 17-16.1 as follows:
7 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
8 Sec. 7-46. On receiving from the primary judges a primary
9 ballot of his party, the primary elector shall forthwith and
10 without leaving the polling place, retire alone to one of the
11 voting booths and prepare such primary ballot by marking a
12 cross (X) in the square in front of and opposite the name of
13 each candidate of his choice for each office to be filled,
14 and for delegates and alternate delegates to national
15 nominating conventions, and for committeemen, if committeemen
16 are being elected at such primary.
17 Any primary elector may, instead of voting for any
18 candidate for nomination or for committeeman or for delegate
19 or alternate delegate to national nominating conventions,
20 whose name is printed on the primary ballot, write in the
21 name of any other person affiliated with such party as a
22 candidate for the nomination for any office, or for
23 committeeman, or for delegates or alternate delegates to
24 national nominating conventions, and indicate his choice of
25 such candidate or committeeman or delegate or alternate
26 delegate, by either (i) placing to the left of and opposite
27 the name thus written a square and placing in the square a
28 cross (X) or (ii) marking the ballot in a manner that enables
29 his or her intent to vote for the write-in name to be
30 determined.
31 Where voting machines or electronic voting systems are
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1 used, the provisions of this section may be modified as
2 required or authorized by Article 24 or Article 24A,
3 whichever is applicable.
4 (Source: Laws 1965, p. 2220.)
5 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
6 Sec. 16-3. The names of all candidates to be voted for
7 in each election district or precinct shall be printed on one
8 ballot, except as is provided in Sections 16-6.1 and 21-1.01
9 of this Act and except as otherwise provided in this Act with
10 respect to the odd year regular elections and the emergency
11 referenda; all nominations of any political party being
12 placed under the party appellation or title of such party as
13 designated in the certificates of nomination or petitions.
14 The names of all independent candidates shall be printed upon
15 the ballot in a column or columns under the heading
16 "independent" arranged under the names or titles of the
17 respective offices for which such independent candidates
18 shall have been nominated and so far as practicable, the name
19 or names of any independent candidate or candidates for any
20 office shall be printed upon the ballot opposite the name or
21 names of any candidate or candidates for the same office
22 contained in any party column or columns upon said ballot.
23 The ballot shall contain no other names, except that in cases
24 of electors for President and Vice-President of the United
25 States, the names of the candidates for President and
26 Vice-President may be added to the party designation and
27 words calculated to aid the voter in his choice of candidates
28 may be added, such as "Vote for one," "Vote for three." When
29 an electronic voting system is used which utilizes a ballot
30 label booklet, the candidates and questions shall appear on
31 the pages of such booklet in the order provided by this Code;
32 and, in any case where candidates for an office appear on a
33 page which does not contain the name of any candidate for
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1 another office, and where less than 50% of the page is
2 utilized, the name of no candidate shall be printed on the
3 lowest 25% of such page. On the back or outside of the
4 ballot, so as to appear when folded, shall be printed the
5 words "Official Ballot", followed by the designation of the
6 polling place for which the ballot is prepared, the date of
7 the election and a facsimile of the signature of the election
8 authority who has caused the ballots to be printed. The
9 ballots shall be of plain white paper, through which the
10 printing or writing cannot be read. However, ballots for use
11 at the nonpartisan and consolidated elections may be printed
12 on different color paper, except blue paper, whenever
13 necessary or desirable to facilitate distinguishing between
14 ballots for different political subdivisions. In the case of
15 nonpartisan elections for officers of a political
16 subdivision, unless the statute or an ordinance adopted
17 pursuant to Article VII of the Constitution providing the
18 form of government therefor requires otherwise, the column
19 listing such nonpartisan candidates shall be printed with no
20 appellation or circle at its head. The party appellation or
21 title, or the word "independent" at the head of any column
22 provided for independent candidates, shall be printed in
23 capital letters not less than one-fourth of an inch in height
24 and a circle one-half inch in diameter shall be printed at
25 the beginning of the line in which such appellation or title
26 is printed, provided, however, that no such circle shall be
27 printed at the head of any column or columns provided for
28 such independent candidates. The names of candidates shall be
29 printed in capital letters not less than one-eighth nor more
30 than one-fourth of an inch in height, and at the beginning of
31 each line in which a name of a candidate is printed a square
32 shall be printed, the sides of which shall be not less than
33 one-fourth of an inch in length. However, the names of the
34 candidates for Governor and Lieutenant Governor on the same
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1 ticket shall be printed within a bracket and a single square
2 shall be printed in front of the bracket. The list of
3 candidates of the several parties and any such list of
4 independent candidates shall be placed in separate columns on
5 the ballot in such order as the election authorities charged
6 with the printing of the ballots shall decide; provided, that
7 the names of the candidates of the several political parties,
8 certified by the State Board of Elections to the several
9 county clerks shall be printed by the county clerk of the
10 proper county on the official ballot in the order certified
11 by the State Board of Elections. Any county clerk refusing,
12 neglecting or failing to print on the official ballot the
13 names of candidates of the several political parties in the
14 order certified by the State Board of Elections, and any
15 county clerk who prints or causes to be printed upon the
16 official ballot the name of a candidate, for an office to be
17 filled by the Electors of the entire State, whose name has
18 not been duly certified to him upon a certificate signed by
19 the State Board of Elections shall be guilty of a Class C
20 misdemeanor.
21 In determining how to count a ballot containing a
22 write-in vote, the intent of the voter, if it can be
23 determined by the ballot markings, shall be effectuated.
24 When an electronic voting system is used which utilizes a
25 ballot card, on the inside flap of each ballot card envelope
26 there shall be printed a form for write-in voting which shall
27 be substantially as follows:
28 WRITE-IN VOTES
29 Write in the title of the office sought and the name of
30 the candidate in the spaces provided below. Then mark a
31 cross (X) in the box below.
32 (See card of instructions for specific information.
33 Duplicate form below by hand for additional write-in votes.)
34 _____________________________
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1 Title of Office
2 ( ) ____________________________
3 Name of Candidate
4 When an electronic voting system is used which uses a
5 ballot sheet, the instructions to voters on the ballot sheet
6 shall refer the voter to the card of instructions for
7 specific information on write-in voting. Below each office
8 appearing on such ballot sheet there shall be a provision for
9 the casting of a write-in vote.
10 When such electronic system is used, there shall be
11 printed on the back of each ballot card, each ballot card
12 envelope, and the first page of the ballot label when a
13 ballot label is used, the words "Official Ballot," followed
14 by the number of the precinct or other precinct
15 identification, which may be stamped, in lieu thereof and, as
16 applicable, the number and name of the township, ward or
17 other election district for which the ballot card, ballot
18 card envelope, and ballot label are prepared, the date of the
19 election and a facsimile of the signature of the election
20 authority who has caused the ballots to be printed. The back
21 of the ballot card shall also include a method of identifying
22 the ballot configuration such as a listing of the political
23 subdivisions and districts for which votes may be cast on
24 that ballot, or a number code identifying the ballot
25 configuration or color coded ballots, except that where there
26 is only one ballot configuration in a precinct, the precinct
27 identification, and any applicable ward identification, shall
28 be sufficient. Ballot card envelopes used in punch card
29 systems shall be of paper through which no writing or punches
30 may be discerned and shall be of sufficient length to enclose
31 all voting positions. However, the election authority may
32 provide ballot card envelopes on which no precinct number or
33 township, ward or other election district designation, or
34 election date are preprinted, if space and a preprinted form
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1 are provided below the space provided for the names of
2 write-in candidates where such information may be entered by
3 the judges of election. Whenever an election authority
4 utilizes ballot card envelopes on which the election date and
5 precinct is not preprinted, a judge of election shall mark
6 such information for the particular precinct and election on
7 the envelope in ink before tallying and counting any write-in
8 vote written thereon. If some method of insuring ballot
9 secrecy other than an envelope is used, such information must
10 be provided on the ballot itself.
11 In the designation of the name of a candidate on the
12 ballot, the candidate's given name or names, initial or
13 initials, a nickname by which the candidate is commonly
14 known, or a combination thereof, may be used in addition to
15 the candidate's surname. No other designation such as a title
16 or degree or nickname suggesting or implying possession of a
17 title, degree or professional status, or similar information
18 may be used in connection with the candidate's surname,
19 except that the title "Mrs." may be used in the case of a
20 married woman.
21 Where voting machines or electronic voting systems are
22 used, the provisions of this Section may be modified as
23 required or authorized by Article 24 or Article 24A,
24 whichever is applicable.
25 Nothing in this Section shall prohibit election
26 authorities from using or reusing ballot card envelopes which
27 were printed before the effective date of this amendatory Act
28 of 1985.
29 (Source: P.A. 84-1308.)
30 (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
31 Sec. 17-16.1. Write-in votes. In determining how to
32 count a ballot containing a write-in vote, the intent of the
33 voter, if it can be determined by the ballot markings, shall
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1 be effectuated. Write-in votes shall be counted only for
2 persons who have filed notarized declarations of intent to be
3 write-in candidates with the proper election authority or
4 authorities not later than 5:00 p.m. on the Tuesday
5 immediately preceding the election.
6 Forms for the declaration of intent to be a write-in
7 candidate shall be supplied by the election authorities.
8 Such declaration shall specify the office for which the
9 person seeks election as a write-in candidate.
10 The election authority or authorities shall deliver a
11 list of all persons who have filed such declarations to the
12 election judges in the appropriate precincts prior to the
13 election.
14 A write-in vote shall be counted as valid if the voter
15 has placed a cross or other clear marking indicating his or
16 her choice inside the appropriate write-in box and has
17 written in a sufficient portion of the candidate's name and
18 the office sought by the candidate so as to enable the judges
19 of election to determine that the voter intended to cast a
20 vote for a write-in candidate whose name and office appear on
21 the list of write-in candidates who have filed declarations
22 of intent.
23 A candidate for whom a nomination paper has been filed as
24 a partisan candidate at a primary election, and who is
25 defeated for his or her nomination at the primary election is
26 ineligible to file a declaration of intent to be a write-in
27 candidate for election in that general or consolidated
28 election.
29 A candidate seeking election to an office for which
30 candidates of political parties are nominated by caucus who
31 is a participant in the caucus and who is defeated for his or
32 her nomination at such caucus is ineligible to file a
33 declaration of intent to be a write-in candidate for election
34 in that general or consolidated election.
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1 A candidate seeking election to an office for which
2 candidates are nominated at a primary election on a
3 nonpartisan basis and who is defeated for his or her
4 nomination at the primary election is ineligible to file a
5 declaration of intent to be a write-in candidate for election
6 in that general or consolidated election.
7 Nothing in this Section shall be construed to apply to
8 votes cast under the provisions of subsection (b) of Section
9 16-5.01.
10 (Source: P.A. 89-653, eff. 8-14-96.)