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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3233 Introduced , by Rep. Reginald Phillips SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/21-1 | from Ch. 46, par. 21-1 | 10 ILCS 5/21-2 | from Ch. 46, par. 21-2 |
| Amends the Election Code. Provides that the presidential elector with the highest number of votes in a congressional district casts an electoral vote for the presidential and vice presidential candidates of his or her political party. Provides that an at-large presidential elector who receives the highest or second highest number of votes statewide casts an electoral vote for the candidates of his or her party.
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| | A BILL FOR |
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1 | | AN ACT concerning elections.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Election Code is amended by changing |
5 | | Sections 21-1 and 21-2 as follows:
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6 | | (10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
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7 | | Sec. 21-1.
Choosing and election of electors of President |
8 | | and
Vice-President of the United States shall be in the |
9 | | following manner:
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10 | | (a) In each year in which a President and Vice-President of |
11 | | the United
States are chosen, each political party or group in |
12 | | this State shall choose
by its State Convention or State |
13 | | central committee electors of President and Vice-President of |
14 | | the
United States and such State Convention or State central |
15 | | committee of such party or group shall also
choose electors at |
16 | | large, if any are to be appointed for this State and
such State |
17 | | Convention or State central committee of such party or group |
18 | | shall by its chairman and
secretary certify the total list of |
19 | | such electors , designating one elector for each congressional |
20 | | district in the State, together with electors at
large so |
21 | | chosen to the State Board of Elections.
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22 | | The filing of such certificate with the Board, of such |
23 | | choosing of
electors shall be deemed and taken to be the |
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1 | | choosing and selection of the
electors of this State, if such |
2 | | party or group is successful at the polls
as herein provided in |
3 | | choosing their candidates for President and
Vice-President of |
4 | | the United States.
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5 | | (b) The names of the candidates of the several political |
6 | | parties or
groups for electors of President and Vice-President |
7 | | shall not be printed on
the official ballot to be voted in the |
8 | | election to be held on the day in
this Act above named. In lieu |
9 | | of the names of the candidates for such
electors of President |
10 | | and Vice-President, immediately under the appellation
of party |
11 | | name of a party or group in the column of its candidates on the
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12 | | official ballot, to be voted at said election first above named |
13 | | in
subsection (1) of Section 2A-1.2 and Section 2A-2, there |
14 | | shall be printed
within a bracket the name of the candidate for
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15 | | President and the name of the candidate for Vice-President of |
16 | | such party or
group with a square to the left of such bracket. |
17 | | Each voter in this State
from the several lists or sets of |
18 | | electors so chosen and selected by the
said respective |
19 | | political parties or groups for each congressional district and |
20 | | at large , may choose and elect one of
such lists or sets of |
21 | | electors by placing a cross in the square to the left
of the |
22 | | bracket aforesaid of one of such parties or groups. Placing a |
23 | | cross
within the square before the bracket enclosing the names |
24 | | of President and
Vice-President shall not be deemed and taken |
25 | | as a direct vote for such
candidates for President and |
26 | | Vice-President, or either of them, but shall
only be deemed and |
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1 | | taken to be a vote for the entire list or set of
electors |
2 | | chosen for that congressional district and at large by that |
3 | | political party or group so certified to the State
Board of |
4 | | Elections as herein provided. Voting by means of placing a |
5 | | cross
in the appropriate place preceding the appellation or |
6 | | title of the
particular political party or group, shall not be |
7 | | deemed or taken as a
direct vote for the candidates for |
8 | | President and Vice-President, or either
of them, but instead to |
9 | | the Presidential vote, as a vote for the entire
list or set of |
10 | | electors chosen by that political party or group so
certified |
11 | | to the State Board of Elections as herein provided.
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12 | | (c) Such certification by the respective political parties |
13 | | or groups in
this State of electors of President and |
14 | | Vice-President shall be made to the
State Board of Elections |
15 | | within 2 days after such State convention or meeting of the |
16 | | State central committee in which the electors were chosen.
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17 | | (d) Should more than one certificate of choice and |
18 | | selection of electors
of the same political party or group be |
19 | | filed by contesting conventions or
contesting groups, it shall |
20 | | be the duty of the State Board of Elections
within 10 days |
21 | | after the adjournment of the last of such conventions to
meet |
22 | | and determine which set of nominees for electors of such party |
23 | | or
group was chosen and selected by the authorized convention |
24 | | of such party or
group. The Board, after notice to the chairman |
25 | | and secretaries or managers
of the conventions or groups and |
26 | | after a hearing shall determine which set
of electors was so |
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1 | | chosen by the authorized convention and shall so
announce and |
2 | | publish the fact, and such decision shall be final and the set
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3 | | of electors so determined upon by the electoral board to be so |
4 | | chosen shall
be the list or set of electors to be deemed |
5 | | elected if that party shall be
successful at the polls, as |
6 | | herein provided.
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7 | | (e) Should a vacancy occur in the choice of an elector in a
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8 | | congressional district, such vacancy may be filled by the |
9 | | executive
committee of the party or group for such |
10 | | congressional district, to be
certified by such committee to |
11 | | the State Board of Elections. Should a
vacancy occur in the |
12 | | office of elector at large, such vacancy shall be
filled by the |
13 | | State committee of such political party or group, and
certified |
14 | | by it to the State Board of Elections.
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15 | | (Source: P.A. 99-522, eff. 6-30-16.)
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16 | | (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
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17 | | Sec. 21-2. Election of electors; votes of electors.
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18 | | (a) The county clerks of the several counties shall, within |
19 | | 21 days
next after holding the election named in subsection (1) |
20 | | of Section 2A-1.2 and
Section 2A-2 make 2 copies of the |
21 | | abstract of the votes cast for electors by
each political party |
22 | | or group, as indicated by the voter, as aforesaid, by a
cross |
23 | | in the square to the left of the bracket aforesaid, or as |
24 | | indicated
by a cross in the appropriate place preceding the |
25 | | appellation or title of
the particular political party or |
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1 | | group, and transmit by mail one of the
copies to the office of |
2 | | the State Board of Elections and retain the other
in his |
3 | | office, to be sent for by the electoral board in case the other
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4 | | should be mislaid. Within 31 days after the holding of such |
5 | | election, and
sooner if all the returns are received by the |
6 | | State Board of Elections, the
State Board of Election, shall |
7 | | proceed to open and canvass said election
returns and to |
8 | | declare which set of candidates for President and
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9 | | Vice-President received, as aforesaid, the highest number of |
10 | | votes cast at
such election as aforesaid; and the electors of |
11 | | that party whose candidates
for President and Vice-President |
12 | | received the highest number of votes so
cast shall be taken and |
13 | | deemed to be elected as electors of President and
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14 | | Vice-President, but should 2 or more sets of candidates for |
15 | | President and
Vice-President be returned with an equal and the |
16 | | highest vote, the State
Board of Elections shall cause a notice |
17 | | of the same to be published, which
notice shall name some day |
18 | | and place, not less than 5 days from the time of
such |
19 | | publication of such notice, upon which the State Board of |
20 | | Elections
will decide by lot which of the sets of candidates |
21 | | for President and
Vice-President so equal and highest shall be |
22 | | declared to be highest. And
upon the day and at the place so |
23 | | appointed in the notice, the board shall
so decide by lot and |
24 | | declare which is deemed highest of the sets of
candidates for |
25 | | President and Vice-President so equal and highest, thereby
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26 | | determining only that the electors chosen as aforesaid by such |
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1 | | candidates'
party or group are thereby elected by general |
2 | | ticket to be such electors.
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3 | | (b) Notwithstanding any law to the contrary, the elector of |
4 | | President and Vice President receiving the highest number of |
5 | | votes in a congressional district shall be elected an elector |
6 | | of President and Vice President and shall cast his or her vote |
7 | | pursuant to this Article for the candidates for President and |
8 | | Vice President of his or her political party or group. The |
9 | | electors of President and Vice President at-large who receive |
10 | | the highest or second highest number of votes statewide shall |
11 | | be electors of President and Vice President and shall cast |
12 | | their votes pursuant to this Article for the candidates for |
13 | | President and Vice President of those electors' political |
14 | | parties or groups.
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15 | | (Source: P.A. 93-847, eff. 7-30-04.)
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