Illinois General Assembly - Full Text of SB0439
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Full Text of SB0439  95th General Assembly


Sen. Michael W. Frerichs

Filed: 3/13/2007





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2     AMENDMENT NO. ______. Amend Senate Bill 439 by replacing
3 everything after the enacting clause with the following:
4     "Section 5. The Election Code is amended by changing
5 Section 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



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1 to each such person, in lieu of the ballot, a Special Write-in
2 Absentee Voter's Blank Ballot. The Special Write-in Absentee
3 Voter's Blank Ballot shall be used only at general elections at
4 which federal officers are elected and shall be prepared by the
5 election authority in substantially the following form:
Special Write-in Absentee Voter's Blank Ballot
7     (To vote for a person, write the title of the office and
8 his or her name on the lines provided. Place to the left of and
9 opposite the title of office a square and place a cross (X) in
10 the square.)
11         Title of Office                 Name of Candidate
12 (    )                                                       
13 (    )                                                       
14 (    )                                                       
15 (    )                                                       
16 (    )                                                       
17 (    )                                                       
18     The election authority shall send with the Special Write-in
19 Absentee Voter's Blank Ballot a list of all referenda for which
20 the voter is qualified to vote and all candidates for whom
21 nomination papers have been filed and for whom the voter is
22 qualified to vote. The voter shall be entitled to write in the
23 name of any candidate seeking election and any referenda for
24 which he or she is entitled to vote.
25     On the back or outside of the ballot, so as to appear when
26 folded, shall be printed the words "Official Ballot", the date



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1 of the election and a facsimile of the signature of the
2 election authority who has caused the ballot to be printed.
3     The provisions of Article 20, insofar as they may be
4 applicable to the Special Write-in Absentee Voter's Blank
5 Ballot, shall be applicable herein.
6     (c) Notwithstanding any provision of this Code or other law
7 to the contrary, the governing body of a municipality may
8 adopt, upon submission of a written statement by the
9 municipality's election authority attesting to the
10 administrative ability of the election authority to administer
11 an election using a ranked ballot to the municipality's
12 governing body, an ordinance requiring, and that
13 municipality's election authority shall prepare, a ranked
14 absentee ballot for municipal and township office candidates to
15 be voted on in the consolidated election. This ranked ballot
16 shall be for use only by a qualified voter who either is a
17 member of the United States military or will be outside of the
18 United States on the consolidated primary election day and the
19 consolidated election day. The ranked ballot shall contain a
20 list of the titles of all municipal and township offices
21 potentially contested at both the consolidated primary
22 election and the consolidated election and the candidates for
23 each office and shall permit the elector to vote in the
24 consolidated election by indicating his or her order of
25 preference for each candidate for each office. To indicate his
26 or her order of preference for each candidate for each office,



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1 the voter shall put the number one next to the name of the
2 candidate who is the voter's first choice, the number 2 for his
3 or her second choice, and so forth so that, in consecutive
4 numerical order, a number indicating the voter's preference is
5 written by the voter next to each candidate's name on the
6 ranked ballot. The voter shall not be required to indicate his
7 or her preference for more than one candidate on the ranked
8 ballot. The voter may not cast a write-in vote using the ranked
9 ballot for the consolidated election. The election authority
10 shall, if using the ranked absentee ballot authorized by this
11 subsection, also prepare instructions for use of the ranked
12 ballot. The ranked ballot for the consolidated election shall
13 be mailed to the voter at the same time that the ballot for the
14 consolidated primary election is mailed to the voter and the
15 election authority shall accept the completed ranked ballot for
16 the consolidated election when the authority accepts the
17 completed ballot for the consolidated primary election.
18     The voter shall also be sent an absentee ballot for the
19 consolidated election for those races that are not related to
20 the results of the consolidated primary election as soon as the
21 consolidated election ballot is certified.
22     The State Board of Elections shall adopt rules for election
23 authorities for the implementation of this subsection,
24 including but not limited to the application for and counting
25 of ranked ballots.
26 (Source: P.A. 86-875.)".