State of Illinois
2007 and 2008


Introduced 2/8/2007, by Sen. Michael W. Frerichs


10 ILCS 5/16-5.01   from Ch. 46, par. 16-5.01

    Amends the Election Code. Permits a municipality to require its election authority to prepare and provide special consolidated primary election absentee ballots that permit ranked run-off voting for municipal office candidates for use by absentee voters in the United States military or outside the United States on the consolidated primary and consolidated election days. Requires the State Board of Elections to adopt implementing rules.

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1     AN ACT concerning elections.
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4     Section 5. The Election Code is amended by changing Section
5 16-5.01 as follows:
6     (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)
7     Sec. 16-5.01. (a) The election authority shall, at least 60
8 days prior to the date of any general election at which federal
9 officers are elected and 45 days prior to any other regular
10 election, have a sufficient number of ballots printed so that
11 such ballots will be available for mailing 60 days prior to the
12 date of the election to persons who have filed application for
13 a ballot under the provisions of Article 20 of this Act.
14     (b) If at any general election at which federal offices are
15 elected the election authority is unable to comply with the
16 provisions of subsection (a), the election authority shall mail
17 to each such person, in lieu of the ballot, a Special Write-in
18 Absentee Voter's Blank Ballot. The Special Write-in Absentee
19 Voter's Blank Ballot shall be used only at general elections at
20 which federal officers are elected and shall be prepared by the
21 election authority in substantially the following form:
Special Write-in Absentee Voter's Blank Ballot
23     (To vote for a person, write the title of the office and



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1 his or her name on the lines provided. Place to the left of and
2 opposite the title of office a square and place a cross (X) in
3 the square.)
4         Title of Office                 Name of Candidate
5 (    )                                                       
6 (    )                                                       
7 (    )                                                       
8 (    )                                                       
9 (    )                                                       
10 (    )                                                       
11     The election authority shall send with the Special Write-in
12 Absentee Voter's Blank Ballot a list of all referenda for which
13 the voter is qualified to vote and all candidates for whom
14 nomination papers have been filed and for whom the voter is
15 qualified to vote. The voter shall be entitled to write in the
16 name of any candidate seeking election and any referenda for
17 which he or she is entitled to vote.
18     On the back or outside of the ballot, so as to appear when
19 folded, shall be printed the words "Official Ballot", the date
20 of the election and a facsimile of the signature of the
21 election authority who has caused the ballot to be printed.
22     The provisions of Article 20, insofar as they may be
23 applicable to the Special Write-in Absentee Voter's Blank
24 Ballot, shall be applicable herein.
25     (c) Notwithstanding any provision of this Code or other law
26 to the contrary, the governing body of a municipality may adopt



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1 an ordinance requiring, and that municipality's election
2 authority shall prepare, a special absentee ballot for
3 municipal office candidates to be voted on in the consolidated
4 primary election. This special ballot shall be for use only by
5 a qualified voter who either is a member of the United States
6 military or will be outside of the United States on the
7 consolidated primary election day and the consolidated
8 election day. The special ballot shall contain a list of the
9 titles of all municipal offices contested at the consolidated
10 primary election and the candidates for each office and shall
11 permit the elector to vote in the run-off election by
12 indicating his or her order of preference for each candidate
13 for each office. To indicate his or her order of preference for
14 each candidate for each office, the voter shall put the number
15 one next to the name of the candidate who is the voter's first
16 choice, the number 2 for his or her second choice, and so forth
17 so that, in consecutive numerical order, a number indicating
18 the voter's preference is written by the voter next to each
19 candidate's name on the ballot. The voter shall not be required
20 to indicate his or her preference for more than one candidate
21 on the ballot. The election authority shall, if using the
22 special absentee ballot authorized by this subsection, also
23 prepare instructions for use of the special ballot.
24     The State Board of Elections shall adopt rules for election
25 authorities for the implementation of this subsection,
26 including but not limited to the application for and counting



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1 of special ballots.
2 (Source: P.A. 86-875.)