Sen. Laura M. Murphy

Filed: 5/5/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1785

2    AMENDMENT NO. ______. Amend Senate Bill 1785 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 1-3, 7-46, 7-52, 7-53, 7-56, 7-59, 16-3, 17-11,
617-18, 18-5, 18-9, 21-2, and 22-7 and by adding Article 22A as
7follows:
 
8    (10 ILCS 5/1-3)  (from Ch. 46, par. 1-3)
9    Sec. 1-3. As used in this Act, unless the context
10otherwise requires:
11    1. "Election" includes the submission of all questions of
12public policy, propositions, and all measures submitted to
13popular vote, and includes primary elections when so indicated
14by the context.
15    2. "Regular election" means the general, general primary,
16consolidated and consolidated primary elections regularly

 

 

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1scheduled in Article 2A. The even numbered year municipal
2primary established in Article 2A is a regular election only
3with respect to those municipalities in which a primary is
4required to be held on such date.
5    3. "Special election" means an election not regularly
6recurring at fixed intervals, irrespective of whether it is
7held at the same time and place and by the same election
8officers as a regular election.
9    4. "General election" means the biennial election at which
10members of the General Assembly are elected. "General primary
11election", "consolidated election" and "consolidated primary
12election" mean the respective elections or the election dates
13designated and established in Article 2A of this Code.
14    5. "Municipal election" means an election or primary,
15either regular or special, in cities, villages, and
16incorporated towns; and "municipality" means any such city,
17village or incorporated town.
18    6. "Political or governmental subdivision" means any unit
19of local government, or school district in which elections are
20or may be held. "Political or governmental subdivision" also
21includes, for election purposes, Regional Boards of School
22Trustees, and Township Boards of School Trustees.
23    7. The word "township" and the word "town" shall apply
24interchangeably to the type of governmental organization
25established in accordance with the provisions of the Township
26Code. The term "incorporated town" shall mean a municipality

 

 

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1referred to as an incorporated town in the Illinois Municipal
2Code, as now or hereafter amended.
3    8. "Election authority" means a county clerk or a Board of
4Election Commissioners.
5    9. "Election Jurisdiction" means (a) an entire county, in
6the case of a county in which no city board of election
7commissioners is located or which is under the jurisdiction of
8a county board of election commissioners; (b) the territorial
9jurisdiction of a city board of election commissioners; and
10(c) the territory in a county outside of the jurisdiction of a
11city board of election commissioners. In each instance
12election jurisdiction shall be determined according to which
13election authority maintains the permanent registration
14records of qualified electors.
15    10. "Local election official" means the clerk or secretary
16of a unit of local government or school district, as the case
17may be, the treasurer of a township board of school trustees,
18and the regional superintendent of schools with respect to the
19various school officer elections and school referenda for
20which the regional superintendent is assigned election duties
21by The School Code, as now or hereafter amended.
22    11. "Judges of election", "primary judges" and similar
23terms, as applied to cases where there are 2 sets of judges,
24when used in connection with duties at an election during the
25hours the polls are open, refer to the team of judges of
26election on duty during such hours; and, when used with

 

 

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1reference to duties after the closing of the polls, refer to
2the team of tally judges designated to count the vote after the
3closing of the polls and the holdover judges designated
4pursuant to Section 13-6.2 or 14-5.2. In such case, where,
5after the closing of the polls, any act is required to be
6performed by each of the judges of election, it shall be
7performed by each of the tally judges and by each of the
8holdover judges.
9    12. "Petition" of candidacy as used in Sections 7-10 and
107-10.1 shall consist of a statement of candidacy, candidate's
11statement containing oath, and sheets containing signatures of
12qualified primary electors bound together.
13    13. "Election district" and "precinct", when used with
14reference to a 30-day residence requirement, means the
15smallest constituent territory in which electors vote as a
16unit at the same polling place in any election governed by this
17Act.
18    14. "District" means any area which votes as a unit for the
19election of any officer, other than the State or a unit of
20local government or school district, and includes, but is not
21limited to, legislative, congressional and judicial districts,
22judicial circuits, county board districts, municipal and
23sanitary district wards, school board districts, and
24precincts.
25    15. "Question of public policy" or "public question" means
26any question, proposition or measure submitted to the voters

 

 

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1at an election dealing with subject matter other than the
2nomination or election of candidates and shall include, but is
3not limited to, any bond or tax referendum, and questions
4relating to the Constitution.
5    16. "Ordinance providing the form of government of a
6municipality or county pursuant to Article VII of the
7Constitution" includes ordinances, resolutions and petitions
8adopted by referendum which provide for the form of
9government, the officers or the manner of selection or terms
10of office of officers of such municipality or county, pursuant
11to the provisions of Sections 4, 6 or 7 of Article VII of the
12Constitution.
13    17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
146-60, and 6-66 shall include a computer tape or computer disc
15or other electronic data processing information containing
16voter information.
17    18. "Accessible" means accessible to persons with
18disabilities and elderly individuals for the purpose of voting
19or registration, as determined by rule of the State Board of
20Elections.
21    19. "Elderly" means 65 years of age or older.
22    20. "Person with a disability" means a person having a
23temporary or permanent physical disability.
24    21. "Leading political party" means one of the two
25political parties whose candidates for governor at the most
26recent three gubernatorial elections received either the

 

 

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1highest or second highest average number of votes. The
2political party whose candidates for governor received the
3highest average number of votes shall be known as the first
4leading political party and the political party whose
5candidates for governor received the second highest average
6number of votes shall be known as the second leading political
7party.
8    22. "Business day" means any day in which the office of an
9election authority, local election official or the State Board
10of Elections is open to the public for a minimum of 7 hours.
11    23. "Homeless individual" means any person who has a
12nontraditional residence, including, but not limited to, a
13shelter, day shelter, park bench, street corner, or space
14under a bridge.
15    24. "Signature" means a name signed in ink or in digitized
16form. This definition does not apply to a nominating or
17candidate petition or a referendum petition.
18    25. "Intelligent mail barcode tracking system" means a
19printed trackable barcode attached to the return business
20reply envelope for mail-in ballots under Article 19 or Article
2120 that allows an election authority to determine the date the
22envelope was mailed in absence of a postmark.
23    26. "Office elected by ranked choice voting" means any of
24the following offices: member of the General Assembly,
25Governor, Lieutenant Governor, Attorney General, Secretary of
26State, Comptroller, State Treasurer, Judges of the Supreme,

 

 

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1Appellate, and Circuit Courts, United States Representative,
2United States Senator, and President of the United States.
3These offices shall be elected by ranked choice voting during
4a general or special election, and during a primary,
5consolidated primary, or similar election. Presidential
6preference primaries shall also be conducted by ranked choice
7voting.
8(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
 
9    (10 ILCS 5/7-46)  (from Ch. 46, par. 7-46)
10    Sec. 7-46. On receiving from the primary judges a primary
11ballot of his party, the primary elector shall forthwith and
12without leaving the polling place, retire alone to one of the
13voting booths and prepare such primary ballot by marking a
14cross (X) in the square in front of and opposite the name of
15each candidate of his choice for each office to be filled, and
16for delegates and alternate delegates to national nominating
17conventions, and for committeepersons, if committeepersons are
18being elected at such primary. A cross (X) in the square in
19front of the bracket enclosing the names of a team of
20candidates for Governor and Lieutenant Governor counts as one
21vote for each of those candidates.
22    Any primary elector may, instead of voting for any
23candidate for nomination or for committeeperson or for
24delegate or alternate delegate to national nominating
25conventions, whose name is printed on the primary ballot,

 

 

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1write in the name of any other person affiliated with such
2party as a candidate for the nomination for any office, or for
3committeeperson, or for delegates or alternate delegates to
4national nominating conventions, and indicate his choice of
5such candidate or committeeperson or delegate or alternate
6delegate, by placing to the left of and opposite the name thus
7written a square and placing in the square a cross (X). A
8primary elector, however, may not by this method vote
9separately for Governor and Lieutenant Governor but must write
10in the names of candidates of his or her choice for both
11offices and indicate his or her choice of those names by
12placing a single square to the left of those names and placing
13in that square a cross (X).
14    Where voting machines or electronic voting systems are
15used, the provisions of this section may be modified as
16required or authorized by Article 24 or Article 24A, whichever
17is applicable.
18    For an office elected by ranked choice voting, the
19provisions of this Section may be modified as required or
20authorized by Article 22A.
21(Source: P.A. 100-1027, eff. 1-1-19.)
 
22    (10 ILCS 5/7-52)  (from Ch. 46, par. 7-52)
23    Sec. 7-52. Immediately upon closing the polls, the primary
24judges shall proceed to canvass the votes in the manner
25following:

 

 

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1        (1) They shall separate and count the ballots of each
2    political party.
3        (2) They shall then proceed to ascertain the number of
4    names entered on the applications for ballot under each
5    party affiliation.
6        (3) If the primary ballots of any political party
7    exceed the number of applications for ballot by voters of
8    such political party, the primary ballots of such
9    political party shall be folded and replaced in the ballot
10    box, the box closed, well shaken and again opened and one
11    of the primary judges, who shall be blindfolded, shall
12    draw out so many of the primary ballots of such political
13    party as shall be equal to such excess. Such excess
14    ballots shall be marked "Excess-Not Counted" and signed by
15    a majority of the judges and shall be placed in the "After
16    6:00 p.m. Defective Ballots Envelope". The number of
17    excess ballots shall be noted in the remarks section of
18    the Certificate of Results. "Excess" ballots shall not be
19    counted in the total of "defective" ballots.
20        (4) The primary judges shall then proceed to count the
21    primary ballots of each political party separately; and as
22    the primary judges shall open and read the primary
23    ballots, 3 of the judges shall carefully and correctly
24    mark upon separate tally sheets the votes which each
25    candidate of the party whose name is written or printed on
26    the primary ballot has received, in a separate column for

 

 

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1    that purpose, with the name of such candidate, the name of
2    his political party and the name of the office for which he
3    is a candidate for nomination at the head of such column.
4    The same column, however, shall be used for both names of
5    the same team of candidates for Governor and Lieutenant
6    Governor.
7    Where voting machines or electronic voting systems are
8used, the provisions of this Section may be modified as
9required or authorized by Article 24 or Article 24A, whichever
10is applicable.
11    For an office elected by ranked choice voting, the
12provisions of this Section may be modified as required or
13authorized by Article 22A.
14(Source: P.A. 96-1018, eff. 1-1-11; 97-333, eff. 8-12-11.)
 
15    (10 ILCS 5/7-53)  (from Ch. 46, par. 7-53)
16    Sec. 7-53. As soon as the ballots of a political party
17shall have been read and the votes of the political party
18counted, as provided in the last above section, the 3 judges in
19charge of the tally sheets shall foot up the tally sheets so as
20to show the total number of votes cast for each candidate of
21the political party and for each candidate for State Central
22committeeperson and precinct committeeperson, township
23committeeperson or ward committeeperson, and delegate and
24alternate delegate to National nominating conventions, and
25certify the same to be correct. Thereupon, the primary judges

 

 

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1shall set down in a certificate of results on the tally sheet,
2under the name of the political party, the name of each
3candidate voted for upon the primary ballot, written at full
4length, the name of the office for which he is a candidate for
5nomination or for committeeperson, or delegate or alternate
6delegate to National nominating conventions, the total number
7of votes which the candidate received, and they shall also set
8down the total number of ballots voted by the primary electors
9of the political party in the precinct. The certificate of
10results shall be made substantially in the following form:
11
................ Party
12    At the primary election held in the .... precinct of the
13(1) *township of ...., or (2) *City of ...., or (3) *.... ward
14in the city of .... on (insert date), the primary electors of
15the .... party voted .... ballots, and the respective
16candidates whose names were written or printed on the primary
17ballot of the .... party, received respectively the following
18votes:
19Name ofNo. of
20Candidate,Title of Office,Votes
21John JonesGovernor100
22Jane James Lieutenant Governor 100
23Sam SmithGovernor70
24Samantha Smythe Lieutenant Governor 70
25Frank MartinAttorney General150
26William PrestonRep. in Congress200

 

 

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1Frederick JohnCircuit Judge50
2    *Fill in either (1), (2) or (3).
3    And so on for each candidate.
4    We hereby certify the above and foregoing to be true and
5correct.
6    Dated (insert date).
7
...................................
8                           Name                       Address
9
...................................
10                           Name                       Address
11
...................................
12                           Name                       Address
13
...................................
14                           Name                       Address
15
...................................
16                           Name                       Address
17                                 Judges of Primary
 
18    Where voting machines or electronic voting systems are
19used, the provisions of this Section may be modified as
20required or authorized by Article 24 and Article 24A,
21whichever is applicable.
22    For an office elected by ranked choice voting, the
23provisions of this Section may be modified as required or
24authorized by Article 22A.
25(Source: P.A. 100-1027, eff. 1-1-19.)
 

 

 

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1    (10 ILCS 5/7-56)  (from Ch. 46, par. 7-56)
2    Sec. 7-56. As soon as complete returns are delivered to
3the proper election authority, the returns shall be canvassed
4for all primary elections as follows. The election authority
5acting as the canvassing board pursuant to Section 1-8 of this
6Code shall also open and canvass the returns of a primary. Upon
7the completion of the canvass of the returns by the election
8authority, the election authority shall make a tabulated
9statement of the returns for each political party separately,
10stating in appropriate columns and under proper headings, the
11total number of votes cast in said county for each candidate
12for nomination or election by said party, including candidates
13for President of the United States and for State central
14committeepersons, and for delegates and alternate delegates to
15National nominating conventions, and for precinct
16committeepersons, township committeepersons, and for ward
17committeepersons. Within 2 days after the completion of said
18canvass by the election authority, the county clerk shall mail
19to the State Board of Elections a certified copy of such
20tabulated statement of returns. The election authority shall
21also determine and set down as to each precinct the number of
22ballots voted by the primary electors of each party at the
23primary.
24    In the case of the nomination or election of candidates
25for offices, including President of the United States and the

 

 

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1State central committeepersons, and delegates and alternate
2delegates to National nominating conventions, certified
3tabulated statement of returns for which are filed with the
4State Board of Elections, said returns shall be canvassed by
5the election authority. And, provided, further, that within 5
6days after said returns shall be canvassed by the said Board,
7the Board shall provide each political party with the results
8of the ranked choice voting tabulation for President of the
9United States, including the results after each round of
10tabulation, and cause to be published in one daily newspaper
11of general circulation at the seat of the State government in
12Springfield a certified statement of the returns filed in its
13office, showing the total vote cast in the State for each
14candidate of each political party for President of the United
15States, and showing the total vote for each candidate of each
16political party for President of the United States, cast in
17each of the several congressional districts in the State.
18    Within 48 hours of conducting a canvass, as required by
19this Code, of the consolidated primary, the election authority
20shall deliver an original certificate of results to each local
21election official, with respect to whose political
22subdivisions nominations were made at such primary, for each
23precinct in his jurisdiction in which such nominations were on
24the ballot. Such original certificate of results need not
25include any offices or nominations for any other political
26subdivisions.

 

 

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1(Source: P.A. 100-1027, eff. 1-1-19.)
 
2    (10 ILCS 5/7-59)  (from Ch. 46, par. 7-59)
3    Sec. 7-59. (a) The person receiving the highest number of
4votes at a primary as a candidate of a party for the nomination
5for an office shall be the candidate of that party for such
6office, and his name as such candidate shall be placed on the
7official ballot at the election then next ensuing; provided,
8that where there are two or more persons to be nominated for
9the same office or board, the requisite number of persons
10receiving the highest number of votes shall be nominated and
11their names shall be placed on the official ballot at the
12following election. For an office elected by ranked choice
13voting, the person receiving the highest number of votes is
14determined by ranked choice voting tabulation as described in
15Article 22A.
16    Except as otherwise provided by Section 7-8 of this Act,
17the person receiving the highest number of votes of his party
18for State central committeeperson of his congressional
19district shall be declared elected State central
20committeeperson from said congressional district.
21    Unless a national political party specifies that delegates
22and alternate delegates to a National nominating convention be
23allocated by proportional selection representation according
24to the results of a Presidential preference primary, the
25requisite number of persons receiving the highest number of

 

 

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1votes of their party for delegates and alternate delegates to
2National nominating conventions from the State at large, and
3the requisite number of persons receiving the highest number
4of votes of their party for delegates and alternate delegates
5to National nominating conventions in their respective
6congressional districts shall be declared elected delegates
7and alternate delegates to the National nominating conventions
8of their party.
9    A political party which elects the members to its State
10Central Committee by Alternative B under paragraph (a) of
11Section 7-8 shall select its congressional district delegates
12and alternate delegates to its national nominating convention
13by proportional selection representation according to the
14results of a Presidential preference primary in each
15congressional district in the manner provided by the rules of
16the national political party and the State Central Committee,
17when the rules and policies of the national political party so
18require.
19    A political party which elects the members to its State
20Central Committee by Alternative B under paragraph (a) of
21Section 7-8 shall select its at large delegates and alternate
22delegates to its national nominating convention by
23proportional selection representation according to the results
24of a Presidential preference primary in the whole State in the
25manner provided by the rules of the national political party
26and the State Central Committee, when the rules and policies

 

 

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1of the national political party so require.
2    The person receiving the highest number of votes of his
3party for precinct committeeperson of his precinct shall be
4declared elected precinct committeeperson from said precinct.
5    The person receiving the highest number of votes of his
6party for township committeeperson of his township or part of
7a township as the case may be, shall be declared elected
8township committeeperson from said township or part of a
9township as the case may be. In cities where ward
10committeepersons are elected, the person receiving the highest
11number of votes of his party for ward committeeperson of his
12ward shall be declared elected ward committeeperson from said
13ward.
14    When two or more persons receive an equal and the highest
15number of votes for the nomination for the same office or for
16committeeperson of the same political party, or where more
17than one person of the same political party is to be nominated
18as a candidate for office or committeeperson, if it appears
19that more than the number of persons to be nominated for an
20office or elected committeeperson have the highest and an
21equal number of votes for the nomination for the same office or
22for election as committeeperson, the election authority by
23which the returns of the primary are canvassed shall decide by
24lot which of said persons shall be nominated or elected, as the
25case may be. In such case the election authority shall issue
26notice in writing to such persons of such tie vote stating

 

 

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1therein the place, the day (which shall not be more than 5 days
2thereafter) and the hour when such nomination or election
3shall be so determined.
4    (b) Write-in votes shall be counted only for persons who
5have filed notarized declarations of intent to be write-in
6candidates with the proper election authority or authorities
7not later than 61 days prior to the primary. However, whenever
8an objection to a candidate's nominating papers or petitions
9for any office is sustained under Section 10-10 after the 61st
10day before the election, then write-in votes shall be counted
11for that candidate if he or she has filed a notarized
12declaration of intent to be a write-in candidate for that
13office with the proper election authority or authorities not
14later than 7 days prior to the election.
15    Forms for the declaration of intent to be a write-in
16candidate shall be supplied by the election authorities. Such
17declaration shall specify the office for which the person
18seeks nomination or election as a write-in candidate.
19    The election authority or authorities shall deliver a list
20of all persons who have filed such declarations to the
21election judges in the appropriate precincts prior to the
22primary.
23    (c) (1) Notwithstanding any other provisions of this
24Section, where the number of candidates whose names have been
25printed on a party's ballot for nomination for or election to
26an office at a primary is less than the number of persons the

 

 

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1party is entitled to nominate for or elect to the office at the
2primary, a person whose name was not printed on the party's
3primary ballot as a candidate for nomination for or election
4to the office, is not nominated for or elected to that office
5as a result of a write-in vote at the primary unless the number
6of votes he received equals or exceeds the number of
7signatures required on a petition for nomination for that
8office; or unless the number of votes he receives exceeds the
9number of votes received by at least one of the candidates
10whose names were printed on the primary ballot for nomination
11for or election to the same office.
12    (2) Paragraph (1) of this subsection does not apply where
13the number of candidates whose names have been printed on the
14party's ballot for nomination for or election to the office at
15the primary equals or exceeds the number of persons the party
16is entitled to nominate for or elect to the office at the
17primary.
18(Source: P.A. 100-1027, eff. 1-1-19.)
 
19    (10 ILCS 5/16-3)  (from Ch. 46, par. 16-3)
20    Sec. 16-3. (a) The names of all candidates to be voted for
21in each election district or precinct shall be printed on one
22ballot, except as is provided in Sections 16-6.1 and 21-1.01
23of this Act and except as otherwise provided in this Act with
24respect to the odd year regular elections and the emergency
25referenda; all nominations of any political party being placed

 

 

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1under the party appellation or title of such party as
2designated in the certificates of nomination or petitions. The
3names of all independent candidates shall be printed upon the
4ballot in a column or columns under the heading "independent"
5arranged under the names or titles of the respective offices
6for which such independent candidates shall have been
7nominated and so far as practicable, the name or names of any
8independent candidate or candidates for any office shall be
9printed upon the ballot opposite the name or names of any
10candidate or candidates for the same office contained in any
11party column or columns upon said ballot. The ballot shall
12contain no other names, except that in cases of electors for
13President and Vice-President of the United States, the names
14of the candidates for President and Vice-President may be
15added to the party designation and words calculated to aid the
16voter in his choice of candidates may be added, such as "Vote
17for one," "Vote for not more than three." If no candidate or
18candidates file for an office and if no person or persons file
19a declaration as a write-in candidate for that office, then
20below the title of that office the election authority instead
21shall print "No Candidate". When an electronic voting system
22is used which utilizes a ballot label booklet, the candidates
23and questions shall appear on the pages of such booklet in the
24order provided by this Code; and, in any case where candidates
25for an office appear on a page which does not contain the name
26of any candidate for another office, and where less than 50% of

 

 

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1the page is utilized, the name of no candidate shall be printed
2on the lowest 25% of such page. On the back or outside of the
3ballot, so as to appear when folded, shall be printed the words
4"Official Ballot", followed by the designation of the polling
5place for which the ballot is prepared, the date of the
6election and a facsimile of the signature of the election
7authority who has caused the ballots to be printed. The
8ballots shall be of plain white paper, through which the
9printing or writing cannot be read. However, ballots for use
10at the nonpartisan and consolidated elections may be printed
11on different color paper, except blue paper, whenever
12necessary or desirable to facilitate distinguishing between
13ballots for different political subdivisions. In the case of
14nonpartisan elections for officers of a political subdivision,
15unless the statute or an ordinance adopted pursuant to Article
16VII of the Constitution providing the form of government
17therefor requires otherwise, the column listing such
18nonpartisan candidates shall be printed with no appellation or
19circle at its head. The party appellation or title, or the word
20"independent" at the head of any column provided for
21independent candidates, shall be printed in letters not less
22than one-fourth of an inch in height and a circle one-half inch
23in diameter shall be printed at the beginning of the line in
24which such appellation or title is printed, provided, however,
25that no such circle shall be printed at the head of any column
26or columns provided for such independent candidates. The names

 

 

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1of candidates shall be printed in letters not less than
2one-eighth nor more than one-fourth of an inch in height, and
3at the beginning of each line in which a name of a candidate is
4printed a square shall be printed, the sides of which shall be
5not less than one-fourth of an inch in length. However, the
6names of the candidates for Governor and Lieutenant Governor
7on the same ticket shall be printed within a bracket and a
8single square shall be printed in front of the bracket. The
9list of candidates of the several parties and any such list of
10independent candidates shall be placed in separate columns on
11the ballot in such order as the election authorities charged
12with the printing of the ballots shall decide; provided, that
13the names of the candidates of the several political parties,
14certified by the State Board of Elections to the several
15county clerks shall be printed by the county clerk of the
16proper county on the official ballot in the order certified by
17the State Board of Elections. Any county clerk refusing,
18neglecting or failing to print on the official ballot the
19names of candidates of the several political parties in the
20order certified by the State Board of Elections, and any
21county clerk who prints or causes to be printed upon the
22official ballot the name of a candidate, for an office to be
23filled by the Electors of the entire State, whose name has not
24been duly certified to him upon a certificate signed by the
25State Board of Elections shall be guilty of a Class C
26misdemeanor.

 

 

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1    (b) When an electronic voting system is used which
2utilizes a ballot card, on the inside flap of each ballot card
3envelope there shall be printed a form for write-in voting
4which shall be substantially as follows:
5
WRITE-IN VOTES
6    (See card of instructions for specific information.
7Duplicate form below by hand for additional write-in votes.)  
8     _____________________________  
9     Title of Office
10(   )  ____________________________  
11     Name of Candidate
12    Write-in lines equal to the number of candidates for which
13a voter may vote shall be printed for an office only if one or
14more persons filed declarations of intent to be write-in
15candidates or qualify to file declarations to be write-in
16candidates under Sections 17-16.1 and 18-9.1 when the
17certification of ballot contains the words "OBJECTION
18PENDING".
19    (c) When an electronic voting system is used which uses a
20ballot sheet, the instructions to voters on the ballot sheet
21shall refer the voter to the card of instructions for specific
22information on write-in voting. Below each office appearing on
23such ballot sheet there shall be a provision for the casting of
24a write-in vote. Write-in lines equal to the number of
25candidates for which a voter may vote shall be printed for an
26office only if one or more persons filed declarations of

 

 

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1intent to be write-in candidates or qualify to file
2declarations to be write-in candidates under Sections 17-16.1
3and 18-9.1 when the certification of ballot contains the words
4"OBJECTION PENDING".
5    (d) When such electronic system is used, there shall be
6printed on the back of each ballot card, each ballot card
7envelope, and the first page of the ballot label when a ballot
8label is used, the words "Official Ballot," followed by the
9number of the precinct or other precinct identification, which
10may be stamped, in lieu thereof and, as applicable, the number
11and name of the township, ward or other election district for
12which the ballot card, ballot card envelope, and ballot label
13are prepared, the date of the election and a facsimile of the
14signature of the election authority who has caused the ballots
15to be printed. The back of the ballot card shall also include a
16method of identifying the ballot configuration such as a
17listing of the political subdivisions and districts for which
18votes may be cast on that ballot, or a number code identifying
19the ballot configuration or color coded ballots, except that
20where there is only one ballot configuration in a precinct,
21the precinct identification, and any applicable ward
22identification, shall be sufficient. Ballot card envelopes
23used in punch card systems shall be of paper through which no
24writing or punches may be discerned and shall be of sufficient
25length to enclose all voting positions. However, the election
26authority may provide ballot card envelopes on which no

 

 

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1precinct number or township, ward or other election district
2designation, or election date are preprinted, if space and a
3preprinted form are provided below the space provided for the
4names of write-in candidates where such information may be
5entered by the judges of election. Whenever an election
6authority utilizes ballot card envelopes on which the election
7date and precinct is not preprinted, a judge of election shall
8mark such information for the particular precinct and election
9on the envelope in ink before tallying and counting any
10write-in vote written thereon. If some method of insuring
11ballot secrecy other than an envelope is used, such
12information must be provided on the ballot itself.
13    (e) In the designation of the name of a candidate on the
14ballot, the candidate's given name or names, initial or
15initials, a nickname by which the candidate is commonly known,
16or a combination thereof, may be used in addition to the
17candidate's surname. If a candidate has changed his or her
18name, whether by a statutory or common law procedure in
19Illinois or any other jurisdiction, within 3 years before the
20last day for filing the petition for nomination, nomination
21papers, or certificate of nomination for that office,
22whichever is applicable, then (i) the candidate's name on the
23ballot must be followed by "formerly known as (list all prior
24names during the 3-year period) until name changed on (list
25date of each such name change)" and (ii) the petition, papers,
26or certificate must be accompanied by the candidate's

 

 

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1affidavit stating the candidate's previous names during the
2period specified in (i) and the date or dates each of those
3names was changed; failure to meet these requirements shall be
4grounds for denying certification of the candidate's name for
5the ballot or removing the candidate's name from the ballot,
6as appropriate, but these requirements do not apply to name
7changes resulting from adoption to assume an adoptive parent's
8or parents' surname, marriage to assume a spouse's surname, or
9dissolution of marriage or declaration of invalidity of
10marriage to assume a former surname. No other designation such
11as a political slogan, title, or degree or nickname suggesting
12or implying possession of a title, degree or professional
13status, or similar information may be used in connection with
14the candidate's surname. For purposes of this Section, a
15"political slogan" is defined as any word or words expressing
16or connoting a position, opinion, or belief that the candidate
17may espouse, including but not limited to, any word or words
18conveying any meaning other than that of the personal identity
19of the candidate. A candidate may not use a political slogan as
20part of his or her name on the ballot, notwithstanding that the
21political slogan may be part of the candidate's name.
22    (f) The State Board of Elections, a local election
23official, or an election authority shall remove any
24candidate's name designation from a ballot that is
25inconsistent with subsection (e) of this Section. In addition,
26the State Board of Elections, a local election official, or an

 

 

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1election authority shall not certify to any election authority
2any candidate name designation that is inconsistent with
3subsection (e) of this Section.
4    (g) If the State Board of Elections, a local election
5official, or an election authority removes a candidate's name
6designation from a ballot under subsection (f) of this
7Section, then the aggrieved candidate may seek appropriate
8relief in circuit court.
9    (h) Where voting machines or electronic voting systems are
10used, the provisions of this Section may be modified as
11required or authorized by Article 24 or Article 24A, whichever
12is applicable.
13    (i) Nothing in this Section shall prohibit election
14authorities from using or reusing ballot card envelopes which
15were printed before the effective date of this amendatory Act
16of 1985.
17    (j) For an office elected by ranked choice voting, the
18provisions of this Section may be modified as required or
19authorized by Article 22A.
20(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;
2195-862, eff. 8-19-08.)
 
22    (10 ILCS 5/17-11)  (from Ch. 46, par. 17-11)
23    Sec. 17-11. On receipt of his ballot the voter shall
24forthwith, and without leaving the inclosed space, retire
25alone, or accompanied by children as provided in Section 17-8,

 

 

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1to one of the voting booths so provided and shall prepare his
2ballot by making in the appropriate margin or place a cross (X)
3opposite the name of the candidate of his choice for each
4office to be filled, or by writing in the name of the candidate
5of his choice in a blank space on said ticket, making a cross
6(X) opposite thereto; and in case of a question submitted to
7the vote of the people, by making in the appropriate margin or
8place a cross (X) against the answer he desires to give. A
9cross (X) in the square in front of the bracket enclosing the
10names of a team of candidates for Governor and Lieutenant
11Governor counts as one vote for each of such candidates.
12Before leaving the voting booth the voter shall fold his
13ballot in such manner as to conceal the marks thereon. He shall
14then vote forthwith in the manner herein provided, except that
15the number corresponding to the number of the voter on the poll
16books shall not be indorsed on the back of his ballot. He shall
17mark and deliver his ballot without undue delay, and shall
18quit said inclosed space as soon as he has voted; except that
19immediately after voting, the voter shall be instructed
20whether the voting equipment, if used, accepted or rejected
21the ballot or identified the ballot as under-voted for a
22statewide constitutional office. A voter whose ballot is
23identified as under-voted may return to the voting booth and
24complete the voting of that ballot. A voter whose ballot is not
25accepted by the voting equipment may, upon surrendering the
26ballot, request and vote another ballot. If a ballot for an

 

 

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1office elected by ranked choice voting is considered
2under-voted pursuant to Section 22A-5, the voter may, upon
3surrendering the ballot, request and vote upon another ballot.
4The voter's surrendered ballot shall be initialed by the
5election judge and handled as provided in the appropriate
6Article governing that voting equipment.
7    No voter shall be allowed to occupy a voting booth already
8occupied by another, nor remain within said inclosed space
9more than ten minutes, nor to occupy a voting booth more than
10five minutes in case all of said voting booths are in use and
11other voters waiting to occupy the same. No voter not an
12election officer, shall, after having voted, be allowed to
13re-enter said inclosed space during said election. No person
14shall take or remove any ballot from the polling place before
15the close of the poll. No voter shall vote or offer to vote any
16ballot except such as he has received from the judges of
17election in charge of the ballots. Any voter who shall, by
18accident or mistake, spoil his ballot, may, on returning said
19spoiled ballot, receive another in place thereof only after
20the word "spoiled" has been written in ink diagonally across
21the entire face of the ballot returned by the voter.
22    Where voting machines or electronic voting systems are
23used, the provisions of this section may be modified as
24required or authorized by Article 24, 24A, 24B, or 24C,
25whichever is applicable, except that the requirements of this
26Section that (i) the voter must be notified of the voting

 

 

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1equipment's acceptance or rejection of the voter's ballot or
2identification of an under-vote for a statewide constitutional
3office and (ii) the voter shall have the opportunity to
4correct an under-vote or surrender the ballot that was not
5accepted and vote another ballot shall not be modified.
6    For an office elected by ranked choice voting, the
7provisions of this Section may be modified as required or
8authorized by Article 22A.
9(Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
 
10    (10 ILCS 5/17-18)  (from Ch. 46, par. 17-18)
11    Sec. 17-18. Immediately upon closing the polls the judges
12shall proceed to canvass the votes polled. They shall first
13count the whole number of ballots in the box. If 2 or more
14ballots are folded together so as to appear to have been cast
15by the same person, all of the ballots so folded together shall
16be marked and returned with the other ballots in the same
17conditions, as near as may be, in which they were found when
18first opened, but shall not be counted. If the remaining
19ballots shall be found to exceed the number of applications
20for ballot, the ballots shall be replaced in the box, and the
21box closed and well shaken and again opened and one of the
22judges shall publicly draw out so many ballots unopened as
23shall be equal to such excess; and the number of the ballots
24agreeing with the poll lists, or being made to agree. Such
25excess ballots shall be marked "Excess-Not Counted" and signed

 

 

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1by a majority of the judges and shall be placed in the "After
26:00 p.m. Defective Ballots Envelope". The number of excess
3ballots shall be noted in the remarks section of the
4Certificate of Results. "Excess" ballots shall not be counted
5in the total of "defective" ballots.
6    The judges shall then proceed to count and record the
7votes; and when the judges of election shall open and read the
8ballots, 3 judges, with at least one from each political party
9from which the precinct judges were chosen, shall carefully
10and correctly mark down upon the three tally sheets the vote
11each candidate has received, in a separate box prepared for
12that purpose, with the name of such candidate at the head of
13such box, and the office designated by the votes such
14candidate shall fill. Whenever a proposition is submitted to
15the electors at the same election, the ballots for or against
16such proposition shall always be canvassed, counted or
17tallied. The votes shall be canvassed in the room or place
18where the election is held, and the judges shall not allow the
19ballot box, or any of the ballots, or the applications for
20ballot, or any of the tally sheets to be removed or carried
21away from such room or place, until the canvass of the vote is
22completed, and the returns carefully enveloped and sealed up
23as provided by law.
24    Where voting machines or electronic voting systems are
25used, the provisions of this section may be modified as
26required or authorized by Article 24 or Article 24A, whichever

 

 

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1is applicable.
2    For an office elected by ranked choice voting, the
3provisions of this Section may be modified as required or
4authorized by Article 22A.
5(Source: P.A. 83-333.)
 
6    (10 ILCS 5/18-5)  (from Ch. 46, par. 18-5)
7    Sec. 18-5. Any person desiring to vote and whose name is
8found upon the register of voters by the person having charge
9thereof, shall then be questioned by one of the judges as to
10his nativity, his term of residence at present address,
11precinct, State and United States, his age, whether
12naturalized and if so the date of naturalization papers and
13court from which secured, and he shall be asked to state his
14residence when last previously registered and the date of the
15election for which he then registered. The judges of elections
16shall check each application for ballot against the list of
17voters registered in that precinct to whom grace period, vote
18by mail, and early ballots have been issued for that election,
19which shall be provided by the election authority and which
20list shall be available for inspection by pollwatchers. A
21voter applying to vote in the precinct on election day whose
22name appears on the list as having been issued a grace period,
23vote by mail, or early ballot shall not be permitted to vote in
24the precinct, except that a voter to whom a vote by mail ballot
25was issued may vote in the precinct if the voter submits to the

 

 

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1election judges that vote by mail ballot for cancellation. If
2the voter is unable to submit the vote by mail ballot, it shall
3be sufficient for the voter to submit to the election judges
4(i) a portion of the vote by mail ballot if the vote by mail
5ballot was torn or mutilated or (ii) an affidavit executed
6before the election judges specifying that (A) the voter never
7received a vote by mail ballot or (B) the voter completed and
8returned a vote by mail ballot and was informed that the
9election authority did not receive that vote by mail ballot.
10If such person so registered shall be challenged as
11disqualified, the party challenging shall assign his reasons
12therefor, and thereupon one of the judges shall administer to
13him an oath to answer questions, and if he shall take the oath
14he shall then be questioned by the judge or judges touching
15such cause of challenge, and touching any other cause of
16disqualification. And he may also be questioned by the person
17challenging him in regard to his qualifications and identity.
18But if a majority of the judges are of the opinion that he is
19the person so registered and a qualified voter, his vote shall
20then be received accordingly. But if his vote be rejected by
21such judges, such person may afterward produce and deliver an
22affidavit to such judges, subscribed and sworn to by him
23before one of the judges, in which it shall be stated how long
24he has resided in such precinct, and state; that he is a
25citizen of the United States, and is a duly qualified voter in
26such precinct, and that he is the identical person so

 

 

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1registered. In addition to such an affidavit, the person so
2challenged shall provide to the judges of election proof of
3residence by producing 2 forms of identification showing the
4person's current residence address, provided that such
5identification may include a lease or contract for a residence
6and not more than one piece of mail addressed to the person at
7his current residence address and postmarked not earlier than
830 days prior to the date of the election, or the person shall
9procure a witness personally known to the judges of election,
10and resident in the precinct (or district), or who shall be
11proved by some legal voter of such precinct or district, known
12to the judges to be such, who shall take the oath following,
13viz:
14    I do solemnly swear (or affirm) that I am a resident of
15this election precinct (or district), and entitled to vote at
16this election, and that I have been a resident of this State
17for 30 days last past, and am well acquainted with the person
18whose vote is now offered; that he is an actual and bona fide
19resident of this election precinct (or district), and has
20resided herein 30 days, and as I verily believe, in this State,
2130 days next preceding this election.
22    The oath in each case may be administered by one of the
23judges of election, or by any officer, resident in the
24precinct or district, authorized by law to administer oaths.
25Also supported by an affidavit by a registered voter residing
26in such precinct, stating his own residence, and that he knows

 

 

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1such person; and that he does reside at the place mentioned and
2has resided in such precinct and state for the length of time
3as stated by such person, which shall be subscribed and sworn
4to in the same way. For purposes of this Section, the
5submission of a photo identification issued by a college or
6university, accompanied by either (i) a copy of the
7applicant's contract or lease for a residence or (ii) one
8piece of mail addressed to the person at his or her current
9residence address and postmarked not earlier than 30 days
10prior to the date of the election, shall be sufficient to
11establish proof of residence. Whereupon the vote of such
12person shall be received, and entered as other votes. But such
13judges, having charge of such registers, shall state in their
14respective books the facts in such case, and the affidavits,
15so delivered to the judges, shall be preserved and returned to
16the office of the commissioners of election. Blank affidavits
17of the character aforesaid shall be sent out to the judges of
18all the precincts, and the judges of election shall furnish
19the same on demand and administer the oaths without criticism.
20Such oaths, if administered by any other officer than such
21judge of election, shall not be received. Whenever a proposal
22for a constitutional amendment or for the calling of a
23constitutional convention is to be voted upon at the election,
24the separate blue ballot or ballots pertaining thereto shall
25be placed on top of the other ballots to be voted at the
26election in such manner that the legend appearing on the back

 

 

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1thereof, as prescribed in Section 16-6 of this Act, shall be
2plainly visible to the voter, and in this fashion the ballots
3shall be handed to the voter by the judge.
4    Immediately after voting, the voter shall be instructed
5whether the voting equipment, if used, accepted or rejected
6the ballot or identified the ballot as under-voted. A voter
7whose ballot is identified as under-voted for a statewide
8constitutional office may return to the voting booth and
9complete the voting of that ballot. A voter whose ballot is not
10accepted by the voting equipment may, upon surrendering the
11ballot, request and vote another ballot. If a ballot for an
12office elected by ranked choice voting is considered
13under-voted as defined in Section 22A-5, the voter may, upon
14surrendering the ballot, request and vote upon another ballot.
15The voter's surrendered ballot shall be initialed by the
16election judge and handled as provided in the appropriate
17Article governing that voting equipment.
18    The voter shall, upon quitting the voting booth, deliver
19to one of the judges of election all of the ballots, properly
20folded, which he received. The judge of election to whom the
21voter delivers his ballots shall not accept the same unless
22all of the ballots given to the voter are returned by him. If a
23voter delivers less than all of the ballots given to him, the
24judge to whom the same are offered shall advise him in a voice
25clearly audible to the other judges of election that the voter
26must return the remainder of the ballots. The statement of the

 

 

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1judge to the voter shall clearly express the fact that the
2voter is not required to vote such remaining ballots but that
3whether or not he votes them he must fold and deliver them to
4the judge. In making such statement the judge of election
5shall not indicate by word, gesture or intonation of voice
6that the unreturned ballots shall be voted in any particular
7manner. No new voter shall be permitted to enter the voting
8booth of a voter who has failed to deliver the total number of
9ballots received by him until such voter has returned to the
10voting booth pursuant to the judge's request and again quit
11the booth with all of the ballots required to be returned by
12him. Upon receipt of all such ballots the judges of election
13shall enter the name of the voter, and his number, as above
14provided in this Section, and the judge to whom the ballots are
15delivered shall immediately put the ballots into the ballot
16box. If any voter who has failed to deliver all the ballots
17received by him refuses to return to the voting booth after
18being advised by the judge of election as herein provided, the
19judge shall inform the other judges of such refusal, and
20thereupon the ballot or ballots returned to the judge shall be
21deposited in the ballot box, the voter shall be permitted to
22depart from the polling place, and a new voter shall be
23permitted to enter the voting booth.
24    The judge of election who receives the ballot or ballots
25from the voter shall announce the residence and name of such
26voter in a loud voice. The judge shall put the ballot or

 

 

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1ballots received from the voter into the ballot box in the
2presence of the voter and the judges of election, and in plain
3view of the public. The judges having charge of such registers
4shall then, in a column prepared thereon, in the same line of,
5the name of the voter, mark "Voted" or the letter "V".
6    No judge of election shall accept from any voter less than
7the full number of ballots received by such voter without
8first advising the voter in the manner above provided of the
9necessity of returning all of the ballots, nor shall any such
10judge advise such voter in a manner contrary to that which is
11herein permitted, or in any other manner violate the
12provisions of this Section; provided, that the acceptance by a
13judge of election of less than the full number of ballots
14delivered to a voter who refuses to return to the voting booth
15after being properly advised by such judge shall not be a
16violation of this Section.
17(Source: P.A. 98-1171, eff. 6-1-15.)
 
18    (10 ILCS 5/18-9)  (from Ch. 46, par. 18-9)
19    Sec. 18-9. The judges of election shall first count the
20whole number of ballots in the box. If the ballots shall be
21found to exceed the number of applications for ballot, they
22shall reject the ballots, if any, found folded inside of a
23ballot. And if the ballots and the applications for ballot
24still do not agree after such rejection, the ballots shall be
25replaced in the box and the box closed and well shaken, and

 

 

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1again opened; and one of the judges shall publicly draw out so
2many ballots unopened as shall be equal to such excess. Such
3excess ballots shall be marked "Excess-Not Counted" and signed
4by a majority of judges and shall be placed in the "After 6:00
5p.m. Defective Ballots Envelope". The number of excess ballots
6shall be noted in the remarks section of the Certificate of
7Results. "Excess" ballots shall not be counted in the total of
8"defective" ballots. And the ballots and applications for
9ballot being made to agree in this way, the judges shall
10proceed to count the votes in the following manner: The judges
11shall open the ballots and place those which contain the same
12names together, so that the several kinds shall be in separate
13piles or on separate files. Each of the judges shall examine
14the separate files which are, or are supposed to be, alike, and
15exclude from such files any which may have a name or an
16erasure, or in any manner shall be different from the others of
17such file. One of the judges shall then take one file of the
18kind of ballots which contain the same names, and count them by
19tens, carefully examining each name on each of the ballots.
20Such judge shall then pass the ten ballots aforesaid to the
21judge sitting next to him, who shall count them in the same
22manner, who shall then pass them to a third judge, who shall
23also count them in the same manner. Then the third judge shall
24call the names of the persons named in the ten ballots, and the
25offices for which they are designated, and 2 of the judges, who
26did not assist in the counting shall tally ten votes for each

 

 

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1of such persons, except as herein otherwise provided. When the
2judges shall have gone through such file of ballots,
3containing the same names, and shall count them by tens in the
4same way, and shall call the names of the persons named in the
5ballots and the office for which they are designated, the
6tally judges shall tally the votes by tens for each of such
7persons in the same manner as in the first instance. When the
8counting of each file of ballots which contain the same names
9shall be completed, the tally judges shall compare their
10tallies together and ascertain the total number of ballots of
11that kind so canvassed; and when they agree upon the number,
12one of them shall announce it in a loud voice to the other
13judges. The judges shall then canvass the other kinds of
14ballots which do not correspond, those containing names partly
15from one kind of ballots and partly from another, being those
16from which the name of the person proper to be voted for on
17such ballots has been omitted or erased, usually called
18"scratched tickets". They shall be canvassed separately by one
19of the judges sitting between 2 other judges, which judge
20shall call each name to the tally judges and the office for
21which it is designated, and the other judges looking at the
22ballot at the same time, and the tally judges making tally of
23the same. When all the ballots have been canvassed in this
24manner, the tally judges shall compare their tallies together,
25and ascertain the total number of votes received by each
26candidate and when they agree upon the numbers one of them

 

 

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1shall announce in a loud voice to the judges the number of
2votes received by each candidate on each of the kinds of
3ballots containing his name, the number received by him on
4scratch tickets, and the total number of votes received by
5him.
6    The votes for the offices of Governor and Lieutenant
7Governor shall be counted and tallied jointly.
8    Where voting machines or electronic voting systems are
9used, the provisions of this section may be modified as
10required or authorized by Article 24 or Article 24A, whichever
11is applicable.
12    For an office elected by ranked choice voting, the
13provisions of this Section may be modified as required or
14authorized by Article 22A.
15(Source: P.A. 89-700, eff. 1-17-97.)
 
16    (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)
17    Sec. 21-2. The county clerks of the several counties
18shall, within 21 days next after holding the election named in
19subsection (1) of Section 2A-1.2 and Section 2A-2, make 2
20copies of the abstract of the votes cast for electors by each
21political party or group, as indicated by the voter for an
22office elected by ranked choice voting, as aforesaid, by a
23cross in the square to the left of the bracket aforesaid, or as
24indicated by a cross in the appropriate place preceding the
25appellation or title of the particular political party or

 

 

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1group, and transmit by mail one of the copies to the office of
2the State Board of Elections and retain the other in his
3office, to be sent for by the electoral board in case the other
4should be mislaid. Within 31 days after the holding of such
5election, and sooner if all the returns are received by the
6State Board of Elections, the State Board of Elections shall
7proceed to open and canvass said election returns by ranked
8choice voting tabulation as described in Article 22A, and to
9declare which set of candidates for President and
10Vice-President received, as aforesaid, the highest number of
11votes cast at such election as aforesaid; and the electors of
12that party whose candidates for President and Vice-President
13received the highest number of votes so cast shall be taken and
14deemed to be elected as electors of President and
15Vice-President, but should 2 or more sets of candidates for
16President and Vice-President be returned with an equal and the
17highest vote, the State Board of Elections shall cause a
18notice of the same to be published, which notice shall name
19some day and place, not less than 5 days from the time of such
20publication of such notice, upon which the State Board of
21Elections will decide by lot which of the sets of candidates
22for President and Vice-President so equal and highest shall be
23declared to be highest. And upon the day and at the place so
24appointed in the notice, the board shall so decide by lot and
25declare which is deemed highest of the sets of candidates for
26President and Vice-President so equal and highest, thereby

 

 

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1determining only that the electors chosen as aforesaid by such
2candidates' party or group are thereby elected by general
3ticket to be such electors.
4(Source: P.A. 100-863, eff. 8-14-18.)
 
5    (10 ILCS 5/22-7)   (from Ch. 46, par. 22-7)
6    Sec. 22-7. Canvass of votes; declaration and proclamation
7of result. The State Board of Elections, shall proceed within
831 days after the election, and sooner if all the returns are
9received, to canvass the votes given for United States
10Senators and Representatives to Congress, State executive
11officers, judges of the Supreme Court, judges of the Appellate
12Court, judges of the Circuit Court, Senators, Representatives
13to the General Assembly, State's Attorneys and Regional
14Superintendents of Schools elected from 2 or more counties,
15respectively. For an office elected by ranked choice voting,
16the canvass shall be done by ranked choice voting tabulation
17as described in Article 22A. The , and the persons having the
18highest number of votes for the respective offices shall be
19declared duly elected, but if it appears that more than the
20number of persons to be elected have the highest and an equal
21number of votes for the same office, the electoral board shall
22decide by lot which of such persons shall be elected; and to
23each person duly elected, the Governor shall give a
24certificate of election or commission, as the case may
25require, and shall cause proclamation to be made of the result

 

 

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1of the canvass, and they shall at the same time and in the same
2manner, canvass the vote cast upon amendments to the
3Constitution, and upon other propositions submitted to the
4electors of the entire State; and the Governor shall cause to
5be made such proclamation of the result of the canvass as the
6statutes elsewhere provide. The State Board of Elections shall
7transmit to the State Comptroller a list of the persons
8elected to the various offices. The State Board of Elections
9shall also transmit to the Supreme Court the names of persons
10elected to judgeships in adversary elections and the names of
11judges who fail to win retention in office.
12    No person who is shown by the canvassing board's
13proclamation to have been elected at the consolidated election
14or general election as a write-in candidate shall take office
15unless that person has first filed with the certifying office
16or board a statement of candidacy pursuant to Section 7-10 or
17Section 10-5, a statement pursuant to Section 7-10.1, and a
18receipt for filing a statement of economic interests in
19relation to the unit of government to which he or she has been
20elected. For officers elected at the consolidated election,
21the certifying officer shall notify the election authority of
22the receipt of those documents, and the county clerk shall
23issue the certification of election under the provisions of
24Section 22-18.
25(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
 

 

 

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1    (10 ILCS 5/Art. 22A heading new)
2
ARTICLE 22A. RANKED CHOICE VOTING

 
3    (10 ILCS 5/22A-1 new)
4    Sec. 22A-1. Applicability. An election for an office
5elected by ranked choice voting involving 3 or more
6candidates, including qualified write-in candidates, shall be
7conducted pursuant to the procedures set forth in this
8Article.
 
9    (10 ILCS 5/22A-5 new)
10    Sec. 22A-5. Definitions. As used in this Article:
11    "Active ballot" means a ballot that is not an inactive
12ballot.
13    "Active candidate" means a candidate who has not been
14defeated.
15    "Inactive ballot" is a ballot that does not count for any
16candidate for any of the reasons given in Section 22A-45.
17    "Highest-ranked active candidate" means the highest
18ranking on a voter's ballot for an active candidate.
19    "Overvote" means a circumstance in which a voter has
20ranked more than one candidate at the same ranking.
21    "Ranking" means the number available to be assigned by a
22voter to a candidate to express the voter's choice for that
23candidate. The number "1" is the highest ranking, followed by
24"2" and then "3" and so on.

 

 

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1    "Round" means an instance of the sequence of voting
2tabulation steps established in Section 22A-30.
3    "Skipped ranking" means a voter has left a ranking
4unassigned but ranks a candidate at a subsequent ranking.
5    "Undervote" means a circumstance in which a voter has not
6ranked any candidate for a particular office.
7    "Under-voted" means a case where a ballot does not contain
8rankings for any candidate for a particular office.
 
9    (10 ILCS 5/22A-10 new)
10    Sec. 22A-10. Ranked choice voting ballots. A ranked choice
11voting ballot shall be laid out to allow the voter to rank the
12candidates for an office in order of preference. The ballot
13shall allow voters to rank as many choices as there are
14qualified candidates, including qualified write-in candidates,
15except as provided in this Section. If the voting equipment
16cannot accommodate a number of rankings on the ballot equal to
17the number of qualified candidates, an election authority may
18limit the number of choices a voter may rank on a ballot to the
19maximum number allowed by the equipment. If multiple types of
20voting equipment are used in an election for the same office,
21the State Board of Elections shall ensure that every ballot
22allows voters to rank the same number of candidates.
 
23    (10 ILCS 5/22A-15 new)
24    Sec. 22A-15. Mixed-election method ballots. If elections

 

 

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1are held in which ranked choice voting is used in addition to
2other methods of voting, the ranked choice and non-ranked
3choice voting elections must be on the same ballot if
4possible, with ranked choice voting and non-ranked choice
5voting portions clearly separated on the ballot. If placement
6of all offices to be elected cannot be placed on a single
7ballot, a separate ballot may be used for those offices to be
8elected using ranked choice voting. Ballots may deviate from
9the ordering established in Section 7-19 to allow for
10separation of ranked choice voting and non-ranked choice
11voting elections.
 
12    (10 ILCS 5/22A-20 new)
13    Sec. 22A-20. Ballot requirements. All other ballot
14requirements of this Code apply to ranked choice voting
15ballots to the extent that they do not contradict the
16requirements of this Article.
 
17    (10 ILCS 5/22A-25 new)
18    Sec. 22A-25. First ranked choice tabulation.
19    (a) A first ranked choice tabulation shall be done under
20this Section before tabulation as described in Section 22A-30.
21A first ranked choice tabulation will consist of a first round
22only. Under the first ranked choice tabulation, the vote total
23will be the sum of the number 1 ranked votes.
24    (b) If the vote total for a candidate is greater than 50%

 

 

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1of the active ballots, the candidate shall be declared duly
2elected. If not, tabulation shall proceed in rounds as
3described in Section 22A-30.
 
4    (10 ILCS 5/22A-30 new)
5    Sec. 22A-30. Ranked choice voting tabulation. Tabulation
6must proceed in rounds as follows:
7        (1) If 2 or fewer active candidates remain, the
8    candidate with the greatest number of votes is declared
9    the winner of the election and tabulation is complete.
10        (2) If more than 2 active candidates remain, the
11    active candidate with the fewest votes is defeated. Votes
12    for the defeated candidate are transferred to each
13    ballot's next-highest-ranked active candidate and a new
14    round begins.
 
15    (10 ILCS 5/22A-35 new)
16    Sec. 22A-35. Ties. If during any round of tabulation 2 or
17more candidates are tied with the fewest votes, and tabulation
18cannot continue until the candidate with the fewest votes is
19defeated, then the candidate to be defeated will be chosen by
20lot. The result of the tie resolution must be recorded and
21reused in the event of a recount. Election authorities may
22resolve prospective ties between candidates before the
23election.
 

 

 

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1    (10 ILCS 5/22A-40 new)
2    Sec. 22A-40. Batch elimination. In any election conducted
3by ranked choice voting, the election authority may modify the
4tabulation to include batch elimination. If the tabulation
5does include batch elimination, then any time the active
6candidate with the fewest votes would be defeated, all active
7candidates in the elimination batch are simultaneously
8defeated instead. An active candidate is in the elimination
9batch if the number of elected and active candidates with more
10votes than that candidate is greater than the number of
11offices to be elected, and it is mathematically impossible for
12that candidate to be elected for any of the following reasons:
13        (1) The candidate could never win because the
14    candidate's current vote total plus all votes that could
15    possibly be transferred to the candidate in future rounds
16    would not be enough to equal or surpass the active
17    candidate with the next higher current vote total.
18        (2) The candidate has a lower current vote total than
19    an active candidate who is described in paragraph (1).
 
20    (10 ILCS 5/22A-45 new)
21    Sec. 22A-45. Inactive ballots and undervotes.
22    (a) In any round of tabulation in an election conducted by
23ranked choice voting, an inactive ballot does not count for
24any candidate. A ballot is inactive if any of the following is
25true:

 

 

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1        (1) It does not contain any active candidates and is
2    not an undervote.
3        (2) It has reached an overvote.
4        (3) It has reached 2 consecutive skipped rankings.
5    (b) A ballot that is under-voted does not count as an
6active or inactive ballot in any round of tabulation.
 
7    (10 ILCS 5/22A-50 new)
8    Sec. 22A-50. Precinct returns.
9    (a) For elections for an office elected by ranked choice
10voting, precinct returns must include, at minimum, the number
11of votes in the first ranking for each candidate.
12    (b) The processes for making precinct returns, as
13described in Articles 7, 17, and 18, may be modified by the
14State Board of Elections or other election authority to allow
15for compliance with this Section.
 
16    (10 ILCS 5/22A-55 new)
17    Sec. 22A-55. Rights of political parties. For all
18statutory and constitutional provisions in the State
19pertaining to the rights of political parties or the number of
20votes cast for an officer or candidate, the number of votes
21cast for a party's candidate for an office elected by ranked
22choice voting is the number of votes credited to that
23candidate in the first ranked choice tabulation described in
24Section 22A-25.
 

 

 

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1    (10 ILCS 5/22A-60 new)
2    Sec. 22A-60. Adoption of rules. The State Board of
3Elections may adopt rules to implement the provisions of this
4Article.".