Full Text of SB1785 102nd General Assembly
SB1785sam001 102ND GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 1-3, 7-46, 7-52, 7-53, 7-56, 7-59, 16-3, 17-11, | 6 | | 17-18, 18-5, 18-9, 21-2, and 22-7 and by adding Article 22A as | 7 | | follows:
| 8 | | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
| 9 | | Sec. 1-3. As used in this Act, unless the context | 10 | | otherwise requires:
| 11 | | 1. "Election" includes the submission of all questions of | 12 | | public
policy, propositions, and all measures submitted to | 13 | | popular vote, and
includes primary elections when so indicated | 14 | | by the context.
| 15 | | 2. "Regular election" means the general, general primary,
| 16 | | consolidated and consolidated primary elections regularly |
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| 1 | | scheduled in Article
2A. The even numbered year municipal | 2 | | primary established in Article 2A is
a regular election only | 3 | | with respect to those municipalities in which a
primary is | 4 | | required to be held on such date.
| 5 | | 3. "Special election" means an election not regularly | 6 | | recurring at fixed
intervals, irrespective of whether it is | 7 | | held at the same time and place and by
the same election | 8 | | officers as a regular election.
| 9 | | 4. "General election" means the biennial election at which | 10 | | members of
the General Assembly are elected. "General primary | 11 | | election", "consolidated election" and "consolidated primary | 12 | | election" mean
the respective elections or the election dates | 13 | | designated and established
in Article 2A of this Code.
| 14 | | 5. "Municipal election" means an election or primary, | 15 | | either regular
or special, in cities, villages, and | 16 | | incorporated towns; and "municipality"
means any such city, | 17 | | village or incorporated town.
| 18 | | 6. "Political or governmental subdivision" means any unit | 19 | | of local
government, or school district in which elections are | 20 | | or may be held.
"Political or governmental subdivision" also | 21 | | includes, for election purposes,
Regional Boards of School | 22 | | Trustees, and Township Boards of School Trustees.
| 23 | | 7. The word "township" and the word "town" shall apply
| 24 | | interchangeably to the type of governmental organization | 25 | | established in
accordance with the provisions of the Township | 26 | | Code. The term
"incorporated town" shall mean a municipality |
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| 1 | | referred to as an
incorporated town in the Illinois Municipal | 2 | | Code, as now or hereafter
amended.
| 3 | | 8. "Election authority" means a county clerk or a Board of | 4 | | Election
Commissioners.
| 5 | | 9. "Election Jurisdiction" means (a) an entire county, in | 6 | | the case of
a county in which no city board of election | 7 | | commissioners is located or
which is under the jurisdiction of | 8 | | a county board of election commissioners;
(b) the territorial | 9 | | jurisdiction of a city board of election commissioners;
and | 10 | | (c) the territory in a county outside of the jurisdiction of a | 11 | | city
board of election commissioners. In each instance | 12 | | election jurisdiction
shall be determined according to which | 13 | | election authority maintains the
permanent registration | 14 | | records of qualified electors.
| 15 | | 10. "Local election official" means the clerk or secretary | 16 | | of a unit
of local government or school district, as the case | 17 | | may be, the treasurer
of a township board of school trustees, | 18 | | and the regional superintendent
of schools with respect to the | 19 | | various school officer elections and school
referenda for | 20 | | which the regional superintendent is assigned election duties
| 21 | | by The School Code, as now or hereafter amended.
| 22 | | 11. "Judges of election", "primary judges" and similar | 23 | | terms, as
applied to cases where there are 2 sets of judges, | 24 | | when used in
connection with duties at an election during the | 25 | | hours the polls are
open, refer to the team of judges of | 26 | | election on duty during such hours;
and, when used with |
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| 1 | | reference to duties after the closing of the polls,
refer to | 2 | | the team of tally judges designated to count the vote after the
| 3 | | closing of the polls and the holdover judges designated | 4 | | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, | 5 | | after the closing of the
polls, any act is required to be | 6 | | performed by each of the judges of
election, it shall be | 7 | | performed by each of the tally judges and by each
of the | 8 | | holdover judges.
| 9 | | 12. "Petition" of candidacy as used in Sections 7-10 and | 10 | | 7-10.1
shall consist of a statement of candidacy, candidate's | 11 | | statement
containing oath, and sheets containing signatures of | 12 | | qualified primary
electors bound together.
| 13 | | 13. "Election district" and "precinct", when used with | 14 | | reference to
a 30-day residence requirement, means the | 15 | | smallest constituent territory
in which electors vote as a | 16 | | unit at the same polling place in any
election governed by this | 17 | | Act.
| 18 | | 14. "District" means any area which votes as a unit for the | 19 | | election of
any officer, other than the State or a unit of | 20 | | local government or school
district, and includes, but is not | 21 | | limited to, legislative, congressional
and judicial districts, | 22 | | judicial circuits, county board districts,
municipal and | 23 | | sanitary district wards, school board districts, and | 24 | | precincts.
| 25 | | 15. "Question of public policy" or "public question"
means | 26 | | any question, proposition or measure submitted to the voters |
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| 1 | | at an
election dealing with subject matter other than the | 2 | | nomination or election
of candidates and shall include, but is | 3 | | not limited to, any bond or tax
referendum, and questions | 4 | | relating to the Constitution.
| 5 | | 16. "Ordinance providing the form of government of a | 6 | | municipality
or county pursuant to Article VII of the | 7 | | Constitution" includes ordinances,
resolutions and petitions | 8 | | adopted by referendum which provide for the form
of | 9 | | government, the officers or the manner of selection or terms | 10 | | of office
of officers of such municipality or county, pursuant | 11 | | to the provisions of
Sections 4, 6 or 7 of Article VII of the | 12 | | Constitution.
| 13 | | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | 14 | | 6-60, and 6-66
shall include a computer tape or computer disc | 15 | | or other electronic data
processing information containing | 16 | | voter information.
| 17 | | 18. "Accessible" means accessible to persons with | 18 | | disabilities and elderly
individuals for the purpose of voting | 19 | | or registration, as determined by
rule of the State Board of | 20 | | Elections.
| 21 | | 19. "Elderly" means 65 years of age or older.
| 22 | | 20. "Person with a disability" means a person having a | 23 | | temporary or permanent physical disability.
| 24 | | 21. "Leading political party" means one of the two | 25 | | political parties
whose candidates for governor at the most | 26 | | recent three gubernatorial
elections received either the |
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| 1 | | highest or second highest average number of
votes. The | 2 | | political party whose candidates for governor received the
| 3 | | highest average number of votes shall be known as the first | 4 | | leading
political party and the political party whose | 5 | | candidates for governor
received the second highest average | 6 | | number of votes shall be known as the
second leading political | 7 | | party.
| 8 | | 22. "Business day" means any day in which the office of an | 9 | | election
authority, local election official or the State Board | 10 | | of Elections is open
to the public for a minimum of 7 hours.
| 11 | | 23. "Homeless individual" means any person who has a | 12 | | nontraditional
residence, including, but not limited to, a | 13 | | shelter, day shelter, park
bench, street corner, or space | 14 | | under a bridge.
| 15 | | 24. "Signature" means a name signed in ink or in digitized | 16 | | form. This definition does not apply to a nominating or | 17 | | candidate petition or a referendum petition. | 18 | | 25. "Intelligent mail barcode tracking system" means a | 19 | | printed trackable barcode attached to the return business | 20 | | reply envelope for mail-in ballots under Article 19 or Article | 21 | | 20 that allows an election authority to determine the date the | 22 | | envelope was mailed in absence of a postmark. | 23 | | 26. "Office elected by ranked choice voting" means any of | 24 | | the following offices: member of the General Assembly, | 25 | | Governor, Lieutenant Governor, Attorney General, Secretary of | 26 | | State, Comptroller, State Treasurer, Judges of the Supreme, |
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| 1 | | Appellate, and Circuit Courts, United States Representative, | 2 | | United States Senator, and President of the United States. | 3 | | These offices shall be elected by ranked choice voting during | 4 | | a general or special election, and during a primary, | 5 | | consolidated primary, or similar election. Presidential | 6 | | preference primaries shall also be conducted by ranked choice | 7 | | voting. | 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 | 11 | | ballot of his
party, the primary elector shall forthwith and | 12 | | without leaving the polling
place, retire alone to one of the | 13 | | voting booths and prepare such primary
ballot by marking a | 14 | | cross (X) in the square in front of and opposite the
name of | 15 | | each candidate of his choice for each office to be filled, and | 16 | | for
delegates and alternate delegates to national nominating | 17 | | conventions, and
for committeepersons, if committeepersons are | 18 | | being elected at such primary. A cross (X) in the square in | 19 | | front of the bracket enclosing the names of a team of | 20 | | candidates for Governor and Lieutenant Governor counts as one | 21 | | vote for each of those candidates.
| 22 | | Any primary elector may, instead of voting for any | 23 | | candidate for
nomination or for committeeperson or for | 24 | | delegate or alternate delegate to
national nominating | 25 | | conventions, whose name is printed on the primary
ballot, |
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| 1 | | write in the name of any other person affiliated with such | 2 | | party as
a candidate for the nomination for any office, or for | 3 | | committeeperson, or for
delegates or alternate delegates to | 4 | | national nominating conventions, and
indicate his choice of | 5 | | such candidate or committeeperson or delegate or
alternate | 6 | | delegate, by placing to the left of and opposite the name thus
| 7 | | written a square and placing in the square a cross (X). A | 8 | | primary elector, however, may not by this method vote | 9 | | separately for Governor and Lieutenant Governor but must write | 10 | | in the names of candidates of his or her choice for both | 11 | | offices and indicate his or her choice of those names by | 12 | | placing a single square to the left of those names and placing | 13 | | in that square a cross (X).
| 14 | | Where voting machines or electronic voting systems are | 15 | | used, the
provisions of this section may be modified as | 16 | | required or authorized by
Article 24 or Article 24A, whichever | 17 | | is applicable.
| 18 | | For an office elected by ranked choice voting, the | 19 | | provisions of this Section may be modified as required or | 20 | | authorized 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 | 24 | | judges
shall proceed to canvass the votes in the manner | 25 | | following:
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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 | 8 | | used, the
provisions of this Section may be modified as | 9 | | required or authorized by
Article 24 or Article 24A, whichever | 10 | | is applicable.
| 11 | | For an office elected by ranked choice voting, the | 12 | | provisions of this Section may be modified as required or | 13 | | authorized 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 | 17 | | shall have
been read and the votes of the political party | 18 | | counted, as provided in
the last above section, the 3 judges in | 19 | | charge of the tally sheets shall
foot up the tally sheets so as | 20 | | to show the total number of votes cast
for each candidate of | 21 | | the political party and for each candidate for
State Central | 22 | | committeeperson and precinct committeeperson, township | 23 | | committeeperson
or ward committeeperson, and delegate and | 24 | | alternate delegate
to National nominating conventions, and | 25 | | certify the same to be correct.
Thereupon, the primary judges |
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| 1 | | shall set down in a certificate of results
on the tally sheet, | 2 | | under the name of the political party, the name of
each | 3 | | candidate voted for upon the primary ballot, written at full
| 4 | | length, the name of the office for which he is a candidate for
| 5 | | nomination or for committeeperson, or delegate or alternate | 6 | | delegate to
National nominating conventions, the total number | 7 | | of votes which the
candidate received, and they shall also set | 8 | | down the total number of
ballots voted by the primary electors | 9 | | of the political party in the
precinct. The certificate of | 10 | | results 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 | 14 | | in the city of .... on (insert
date), the primary electors of | 15 | | the ....
party voted .... ballots, and the respective | 16 | | candidates whose names were
written or printed on the primary | 17 | | ballot of the .... party, received
respectively the following | 18 | | votes:
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19 | | Name of |
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No. of |
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20 | | Candidate, |
Title of Office, |
Votes |
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21 | | John Jones |
Governor |
100 |
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22 | | Jane James | Lieutenant Governor | 100 |
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23 | | Sam Smith |
Governor |
70 |
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24 | | Samantha Smythe | Lieutenant Governor | 70 |
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25 | | Frank Martin |
Attorney General |
150 |
|
26 | | William Preston |
Rep. in Congress |
200 |
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| 1 | | Frederick John |
Circuit Judge |
50 |
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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 | 5 | | correct.
| 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 | 19 | | used, the
provisions of this Section may be modified as | 20 | | required or authorized by
Article 24 and Article 24A, | 21 | | whichever is applicable.
| 22 | | For an office elected by ranked choice voting, the | 23 | | provisions of this Section may be modified as required or | 24 | | authorized 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 | 3 | | the proper election
authority, the returns shall be canvassed | 4 | | for all primary elections as follows. The election authority | 5 | | acting as the canvassing board
pursuant to Section 1-8 of this | 6 | | Code shall also open
and canvass the returns of a primary. Upon | 7 | | the
completion of the canvass of the returns by the election | 8 | | authority,
the election authority shall make a tabulated | 9 | | statement of the returns
for each political party separately, | 10 | | stating in appropriate columns and
under proper headings, the | 11 | | total number of votes cast in said county for
each candidate | 12 | | for nomination or election by said party, including candidates | 13 | | for
President of the United States and for State central | 14 | | committeepersons, and
for delegates and alternate delegates to | 15 | | National nominating
conventions, and for precinct | 16 | | committeepersons, township committeepersons, and
for ward | 17 | | committeepersons. Within 2 days after the completion of said
| 18 | | canvass by the election authority, the county clerk shall mail | 19 | | to the
State Board of Elections a certified copy of such | 20 | | tabulated statement of
returns. The
election authority shall | 21 | | also determine and set down as to each precinct the
number of | 22 | | ballots voted by the primary electors of each party at the | 23 | | primary.
| 24 | | In the case of the nomination or election of candidates | 25 | | for offices,
including President of the United States and the |
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| 1 | | State central committeepersons, and delegates and alternate | 2 | | delegates to National
nominating conventions, certified | 3 | | tabulated statement of returns for
which are filed with the | 4 | | State Board of Elections, said returns shall be
canvassed by | 5 | | the election authority. And, provided, further, that within 5 | 6 | | days after
said returns shall be canvassed by the said Board, | 7 | | the Board shall provide each political party with the results | 8 | | of the ranked choice voting tabulation for President of the | 9 | | United States, including the results after each round of | 10 | | tabulation, and cause
to be published in one daily newspaper | 11 | | of general circulation at the
seat of the State government in | 12 | | Springfield a certified statement of the
returns filed in its | 13 | | office, showing the total vote cast in the State
for each | 14 | | candidate of each political party for President of the United
| 15 | | States, and showing the total vote for each candidate of each | 16 | | political
party for President of the United States, cast in | 17 | | each of the several
congressional districts in the State.
| 18 | | Within 48 hours of conducting a canvass, as required
by | 19 | | this Code, of the consolidated
primary, the election authority | 20 | | shall deliver
an original certificate of results to each local | 21 | | election official, with
respect to whose political | 22 | | subdivisions nominations were made at such primary,
for each | 23 | | precinct in his jurisdiction in which such nominations were on
| 24 | | the ballot. Such original certificate of results need not | 25 | | include any offices
or nominations for any other political | 26 | | subdivisions.
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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 | 4 | | votes at a
primary as a candidate of a party for the nomination | 5 | | for an office shall
be the candidate of that party for such | 6 | | office, and his name as such
candidate shall be placed on the | 7 | | official ballot at the election then
next ensuing; provided, | 8 | | that where there are two or more persons to be
nominated for | 9 | | the same office or board, the requisite number of persons
| 10 | | receiving the highest number of votes shall be nominated and | 11 | | their names
shall be placed on the official ballot at the | 12 | | following election. For an office elected by ranked choice | 13 | | voting, the person receiving the highest number of votes is | 14 | | determined by ranked choice voting tabulation as described in | 15 | | Article 22A.
| 16 | | Except as otherwise provided by Section 7-8 of this Act, | 17 | | the
person receiving the highest number of votes of his party | 18 | | for
State central committeeperson of his congressional | 19 | | district shall be
declared elected State central | 20 | | committeeperson from said congressional
district.
| 21 | | Unless a national political party specifies that delegates | 22 | | and
alternate delegates to a National nominating convention be | 23 | | allocated by
proportional selection representation according | 24 | | to the results of a
Presidential preference primary, the | 25 | | requisite number of persons
receiving the highest number of |
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| 1 | | votes of their party for delegates and
alternate delegates to | 2 | | National nominating conventions from the State at
large, and | 3 | | the requisite number of persons receiving the highest number | 4 | | of
votes of their party for delegates and alternate delegates | 5 | | to National
nominating conventions in their respective | 6 | | congressional districts shall be
declared elected delegates | 7 | | and alternate delegates to the National
nominating conventions | 8 | | of their party.
| 9 | | A political party which elects the members to its State | 10 | | Central Committee
by Alternative B under paragraph (a) of | 11 | | Section 7-8 shall select its
congressional district delegates | 12 | | and alternate delegates to its national
nominating convention | 13 | | by proportional selection representation according to
the | 14 | | results of a Presidential preference primary in each | 15 | | congressional
district in the manner provided by the rules of | 16 | | the national political
party and the State Central Committee, | 17 | | when the rules and policies of the
national political party so | 18 | | require.
| 19 | | A political party which elects the members to its State | 20 | | Central Committee
by Alternative B under paragraph (a) of | 21 | | Section 7-8 shall select its
at large delegates and alternate | 22 | | delegates to its national
nominating convention by | 23 | | proportional selection representation according to
the results | 24 | | of a Presidential preference primary in the whole State in the
| 25 | | manner provided by the rules of the national political party | 26 | | and the State
Central Committee, when the rules and policies |
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| 1 | | of the national political
party so require.
| 2 | | The person receiving the highest number of votes of his | 3 | | party for
precinct committeeperson of his precinct shall be | 4 | | declared elected precinct committeeperson
from said precinct.
| 5 | | The person receiving the highest number of votes of his | 6 | | party for
township committeeperson of his township or part of | 7 | | a township as the case
may be, shall be declared elected | 8 | | township committeeperson from said
township or part of a | 9 | | township as the case may be. In cities where ward | 10 | | committeepersons
are elected, the person receiving the highest | 11 | | number of
votes of his party for ward committeeperson of his | 12 | | ward shall be declared
elected ward committeeperson from said | 13 | | ward.
| 14 | | When two or more persons receive an equal and the highest | 15 | | number of
votes for the nomination for the same office or for | 16 | | committeeperson of the
same political party, or where more | 17 | | than one person of the same
political party is to be nominated | 18 | | as a candidate for office or committeeperson, if it appears | 19 | | that more than the number of persons to be
nominated for an | 20 | | office or elected committeeperson have the highest and an
| 21 | | equal number of votes for the nomination for the same office or | 22 | | for
election as committeeperson, the election authority by | 23 | | which the returns of the primary
are canvassed shall decide by | 24 | | lot which of said persons shall be
nominated or elected, as the | 25 | | case may be. In such case the election authority shall issue | 26 | | notice in writing to such persons of such tie vote
stating |
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| 1 | | therein the place, the day (which shall not be more than 5 days | 2 | | thereafter) and the hour when such nomination or election | 3 | | shall
be so determined.
| 4 | | (b) Write-in votes shall be counted only for persons who | 5 | | have filed
notarized declarations of intent to be write-in | 6 | | candidates with the proper
election authority or authorities | 7 | | not later than 61 days prior to
the primary. However, whenever | 8 | | an objection to a candidate's nominating papers or petitions | 9 | | for any office is sustained under Section 10-10 after the 61st | 10 | | day before the election, then write-in votes shall be counted | 11 | | for that candidate if he or she has filed a notarized | 12 | | declaration of intent to be a write-in candidate for that | 13 | | office with the proper election authority or authorities not | 14 | | later than 7 days prior to the election.
| 15 | | Forms for the declaration of intent to be a write-in | 16 | | candidate shall be
supplied by the election authorities. Such | 17 | | declaration shall specify the
office for which the person | 18 | | seeks nomination or election as a write-in
candidate.
| 19 | | The election authority or authorities shall deliver a list | 20 | | of all persons
who have filed such declarations to the | 21 | | election judges in the appropriate
precincts prior to the | 22 | | primary.
| 23 | | (c) (1) Notwithstanding any other provisions of this | 24 | | Section, where
the number of candidates whose names have been | 25 | | printed on a party's
ballot for nomination for or election to | 26 | | an office at a primary is less
than the number of persons the |
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| 1 | | party is entitled to nominate for or elect
to the office at the | 2 | | primary, a person whose name was not printed on the
party's | 3 | | primary ballot as a candidate for nomination for or election | 4 | | to the
office, is not nominated for or elected to that office | 5 | | as a result of a
write-in vote at the primary unless the number | 6 | | of votes he received equals
or exceeds the number of | 7 | | signatures required on a petition for nomination
for that | 8 | | office; or unless the number of votes he receives exceeds the
| 9 | | number of votes received by at least one of the candidates | 10 | | whose names were
printed on the primary ballot for nomination | 11 | | for or election to the same
office.
| 12 | | (2) Paragraph (1) of this subsection does not apply where | 13 | | the number
of candidates whose names have been printed on the | 14 | | party's ballot for
nomination for or election to the office at | 15 | | the primary equals or exceeds
the number of persons the party | 16 | | is entitled to nominate for or elect to the
office at the | 17 | | primary.
| 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 | 21 | | in each
election district or precinct shall be printed on one | 22 | | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 | 23 | | of this Act and except as otherwise
provided in this Act with | 24 | | respect to the odd year regular elections and
the emergency | 25 | | referenda; all nominations
of any political party being placed |
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| 1 | | under the party appellation or title
of such party as | 2 | | designated in the certificates of nomination or
petitions. The | 3 | | names of all independent candidates shall be printed upon
the | 4 | | ballot in a column or columns under the heading "independent"
| 5 | | arranged under the names or titles of the respective offices | 6 | | for which
such independent candidates shall have been | 7 | | nominated and so far as
practicable, the name or names of any | 8 | | independent candidate or
candidates for any office shall be | 9 | | printed upon the ballot opposite the
name or names of any | 10 | | candidate or candidates for the same office
contained in any | 11 | | party column or columns upon said ballot. The ballot
shall | 12 | | contain no other names, except that in cases of electors for
| 13 | | President and Vice-President of the United States, the names | 14 | | of the
candidates for President and Vice-President may be | 15 | | added to the party
designation and words calculated to aid the | 16 | | voter in his choice of candidates
may be added, such as "Vote | 17 | | for one," "Vote for not more than three." If no candidate or | 18 | | candidates file for an office and if no person or persons file | 19 | | a declaration as a write-in candidate for that office, then | 20 | | below the title of that office the election authority instead | 21 | | shall print "No Candidate". When an electronic
voting system | 22 | | is used which utilizes a ballot label booklet, the candidates
| 23 | | and questions shall appear on the pages of such booklet in the | 24 | | order
provided by this Code; and, in any case where candidates | 25 | | for an office
appear on a page which does not contain the name | 26 | | of any candidate for
another office, and where less than 50% of |
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| 1 | | the page is utilized, the name of
no candidate shall be printed | 2 | | on the lowest 25% of such page. On the back or
outside of the | 3 | | ballot, so as to appear when folded, shall be printed the words
| 4 | | "Official Ballot", followed by the designation of the polling | 5 | | place for
which the ballot is prepared, the date of the | 6 | | election and a facsimile
of the signature of the election | 7 | | authority who has caused the ballots to
be printed. The | 8 | | ballots shall be of plain white paper, through which the
| 9 | | printing or writing cannot be read. However, ballots for use | 10 | | at the
nonpartisan and consolidated elections may be printed | 11 | | on different color
paper, except blue paper, whenever | 12 | | necessary or desirable to facilitate
distinguishing between | 13 | | ballots for different political subdivisions. In
the case of | 14 | | nonpartisan elections for officers of a political
subdivision, | 15 | | unless the statute or an ordinance adopted pursuant to
Article | 16 | | VII of the Constitution providing the form of government
| 17 | | therefor requires otherwise, the column listing such | 18 | | nonpartisan
candidates shall be printed with no appellation or | 19 | | circle at its head.
The party appellation or title, or the word | 20 | | "independent" at the head of
any column provided for | 21 | | independent candidates, shall be printed in letters not less | 22 | | than one-fourth of an inch in height
and a
circle one-half inch | 23 | | in diameter shall be printed at the beginning of
the line in | 24 | | which such appellation or title is printed, provided,
however, | 25 | | that no such circle shall be printed at the head of any column
| 26 | | or columns provided for such independent candidates. The names |
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| 1 | | of
candidates shall be printed in letters not less than | 2 | | one-eighth
nor more than one-fourth of an inch in height, and | 3 | | at the beginning of
each line in which a name of a candidate is | 4 | | printed a square shall be
printed, the sides of which shall be | 5 | | not less than one-fourth of an inch
in length. However, the | 6 | | names of the candidates for Governor and
Lieutenant Governor | 7 | | on the same ticket shall be printed within a bracket
and a | 8 | | single square shall be printed in front of the bracket. The | 9 | | list
of candidates of the several parties and any such list of | 10 | | independent
candidates shall be placed in separate columns on | 11 | | the ballot in such
order as the election authorities charged | 12 | | with the printing of the
ballots shall decide; provided, that | 13 | | the names of the candidates of the
several political parties, | 14 | | certified by the State Board of Elections to
the several | 15 | | county clerks shall be printed by the county clerk of the
| 16 | | proper county on the official ballot in the order certified by | 17 | | the State
Board of Elections. Any county clerk refusing, | 18 | | neglecting or failing to
print on the official ballot the | 19 | | names of candidates of the several
political parties in the | 20 | | order certified by the State Board of
Elections, and any | 21 | | county clerk who prints or causes to be printed upon
the | 22 | | official ballot the name of a candidate, for an office to be | 23 | | filled
by the Electors of the entire State, whose name has not | 24 | | been duly
certified to him upon a certificate signed by the | 25 | | State Board of
Elections shall be guilty of a Class C | 26 | | misdemeanor.
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| 1 | | (b) When an electronic voting system is used which | 2 | | utilizes a ballot
card,
on the inside flap of each ballot card | 3 | | envelope there shall be printed
a form for write-in voting | 4 | | which shall be substantially as follows:
| 5 | | WRITE-IN VOTES
| 6 | | (See card of instructions for specific information. | 7 | | Duplicate 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 | 13 | | a voter may vote shall be printed for an office only if one or | 14 | | more persons filed declarations of intent to be write-in | 15 | | candidates or qualify to file declarations to be write-in | 16 | | candidates under Sections 17-16.1 and 18-9.1 when the | 17 | | certification of ballot contains the words "OBJECTION | 18 | | PENDING".
| 19 | | (c) When an electronic voting system is used which uses a | 20 | | ballot sheet,
the
instructions to voters on the ballot sheet | 21 | | shall refer the voter to the
card of instructions for specific | 22 | | information on write-in voting. Below
each office appearing on | 23 | | such ballot sheet there shall be a provision for
the casting of | 24 | | a write-in vote. Write-in lines equal to the number of | 25 | | candidates for which a voter may vote shall be printed for an | 26 | | office only if one or more persons filed declarations of |
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| 1 | | intent to be write-in candidates or qualify to file | 2 | | declarations to be write-in candidates under Sections 17-16.1 | 3 | | and 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 | 6 | | printed on the
back of each ballot card, each ballot card | 7 | | envelope, and
the first page of the ballot label when a ballot | 8 | | label is used, the
words "Official Ballot," followed by the | 9 | | number of the
precinct or other precinct identification, which | 10 | | may be stamped, in lieu
thereof and, as applicable, the number | 11 | | and name of the township, ward
or other election district for | 12 | | which the ballot card, ballot card
envelope, and ballot label | 13 | | are prepared, the date of the election and a
facsimile of the | 14 | | signature of the election authority who has caused the
ballots | 15 | | to be printed. The back of the ballot card shall also include
a | 16 | | method of identifying the ballot configuration such as a | 17 | | listing of the
political subdivisions and districts for which | 18 | | votes may be cast on that
ballot, or a number code identifying | 19 | | the ballot configuration or color coded
ballots, except that | 20 | | where there is only one ballot configuration in a
precinct, | 21 | | the precinct identification, and any applicable ward
| 22 | | identification, shall be sufficient. Ballot card envelopes | 23 | | used in punch
card systems shall be of paper through which no | 24 | | writing or punches may be
discerned and shall be of sufficient | 25 | | length to enclose all voting
positions. However, the election | 26 | | authority may provide
ballot card envelopes on which no |
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| 1 | | precinct number or township, ward or
other election district | 2 | | designation, or election date are preprinted, if
space and a | 3 | | preprinted form are provided below the space provided for
the | 4 | | names of write-in candidates where such information may be | 5 | | entered
by the judges of election. Whenever an election | 6 | | authority utilizes
ballot card envelopes on which the election | 7 | | date and precinct is not
preprinted, a judge of election shall | 8 | | mark such information for the
particular precinct and election | 9 | | on the envelope in ink before tallying
and counting any | 10 | | write-in vote written thereon.
If some method of insuring | 11 | | ballot secrecy other than an envelope is used,
such | 12 | | information must be provided on the ballot itself.
| 13 | | (e) In the designation of the name of a candidate on the | 14 | | ballot, the
candidate's given name or names, initial or | 15 | | initials, a nickname by
which the candidate is commonly known, | 16 | | or a combination thereof, may be
used in addition to the | 17 | | candidate's surname. If a candidate has changed his or her | 18 | | name, whether by a statutory or common law procedure in | 19 | | Illinois or any other jurisdiction, within 3 years before the | 20 | | last day for filing the petition for nomination, nomination | 21 | | papers, or certificate of nomination for that office, | 22 | | whichever is applicable, then (i) the candidate's name on the | 23 | | ballot must be followed by "formerly known as (list all prior | 24 | | names during the 3-year period) until name changed on (list | 25 | | date of each such name change)" and (ii) the petition, papers, | 26 | | or certificate must be accompanied by the candidate's |
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| 1 | | affidavit stating the candidate's previous names during the | 2 | | period specified in (i) and the date or dates each of those | 3 | | names was changed; failure to meet these requirements shall be | 4 | | grounds for denying certification of the candidate's name for | 5 | | the ballot or removing the candidate's name from the ballot, | 6 | | as appropriate, but these requirements do not apply to name | 7 | | changes resulting from adoption to assume an adoptive parent's | 8 | | or parents' surname, marriage to assume a spouse's surname, or | 9 | | dissolution of marriage or declaration of invalidity of | 10 | | marriage to assume a former surname. No other designation such
| 11 | | as a political slogan, title, or degree or nickname suggesting | 12 | | or
implying possession of a
title, degree or professional | 13 | | status, or similar information may be used
in connection with | 14 | | the candidate's surname.
For purposes of this Section, a | 15 | | "political slogan" is defined as any
word or words expressing | 16 | | or connoting a position, opinion, or belief that the
candidate | 17 | | may espouse, including but not limited to, any word or words
| 18 | | conveying any meaning other than that of the personal identity | 19 | | of the
candidate. A
candidate may not use a political slogan as | 20 | | part of his or her name on the
ballot, notwithstanding that the | 21 | | political slogan may be part of the
candidate's name.
| 22 | | (f) The State Board of Elections, a local election | 23 | | official, or an
election
authority shall remove any | 24 | | candidate's name designation from a ballot that is
| 25 | | inconsistent with subsection (e) of this Section. In addition, | 26 | | the State Board
of Elections, a local election official, or an |
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| 1 | | election authority shall not
certify to any election authority | 2 | | any candidate name designation that is
inconsistent with | 3 | | subsection (e) of this Section.
| 4 | | (g) If the State Board of Elections, a local election | 5 | | official, or an
election
authority removes a candidate's name | 6 | | designation from a ballot under
subsection (f) of this | 7 | | Section, then the aggrieved candidate may seek
appropriate | 8 | | relief in circuit court.
| 9 | | (h) Where voting machines or electronic voting systems are | 10 | | used, the
provisions of this Section may be modified as | 11 | | required or authorized by
Article 24 or Article 24A, whichever | 12 | | is applicable.
| 13 | | (i) Nothing in this Section shall prohibit election | 14 | | authorities from using
or reusing ballot card envelopes which | 15 | | were printed before the effective
date of this amendatory Act | 16 | | of 1985.
| 17 | | (j) For an office elected by ranked choice voting, the | 18 | | provisions of this Section may be modified as required or | 19 | | authorized by Article 22A. | 20 | | (Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07; | 21 | | 95-862, 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 | 24 | | forthwith, and
without leaving the inclosed space, retire | 25 | | alone, or accompanied by children as provided in Section 17-8,
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| 1 | | to one of the voting
booths so provided and shall prepare his | 2 | | ballot by making in the
appropriate margin or place a cross (X) | 3 | | opposite the name of the
candidate of his choice for each | 4 | | office to be filled, or by writing in
the name of the candidate | 5 | | of his choice in a blank space on said ticket,
making a cross | 6 | | (X) opposite thereto; and in case of a question submitted
to | 7 | | the vote of the people, by making in the appropriate margin or | 8 | | place
a cross (X) against the answer he desires to give. A | 9 | | cross (X) in the
square in front of the bracket enclosing the | 10 | | names of a team of
candidates for Governor and Lieutenant | 11 | | Governor counts as one vote for
each of such candidates. | 12 | | Before leaving the voting booth the voter shall fold
his
| 13 | | ballot in such manner as to conceal the marks thereon. He shall | 14 | | then
vote forthwith in the manner herein provided, except that | 15 | | the number
corresponding to the number of the voter on the poll | 16 | | books shall not be
indorsed on the back of his ballot. He shall | 17 | | mark and deliver his ballot
without undue delay, and shall | 18 | | quit said inclosed space as soon as he
has voted; except that | 19 | | immediately after voting, the voter shall be instructed | 20 | | whether the voting equipment, if used, accepted or rejected | 21 | | the ballot or identified the ballot as under-voted for a | 22 | | statewide constitutional office. A voter whose ballot is | 23 | | identified as under-voted may return to the voting booth and | 24 | | complete the voting of that ballot. A voter whose ballot is not | 25 | | accepted by the voting equipment may, upon surrendering the | 26 | | ballot, request and vote another ballot. If a ballot for an |
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| 1 | | office elected by ranked choice voting is considered | 2 | | under-voted pursuant to Section 22A-5, the voter may, upon | 3 | | surrendering the ballot, request and vote upon another ballot. | 4 | | The voter's surrendered ballot shall be initialed by the | 5 | | election judge and handled as provided in the appropriate | 6 | | Article governing that voting equipment. | 7 | | No voter shall be allowed to occupy a voting booth already
| 8 | | occupied by another, nor remain within said inclosed space | 9 | | more than ten
minutes, nor to occupy a voting booth more than | 10 | | five minutes in case all
of said voting booths are in use and | 11 | | other voters waiting to occupy the
same. No voter not an | 12 | | election officer, shall, after having voted, be
allowed to | 13 | | re-enter said inclosed space during said election. No person
| 14 | | shall take or remove any ballot from the polling place before | 15 | | the close
of the poll. No voter shall vote or offer to vote any | 16 | | ballot except such
as he has received from the judges of | 17 | | election in charge of the ballots.
Any voter who shall, by | 18 | | accident or mistake, spoil his ballot, may, on
returning said | 19 | | spoiled ballot, receive another in place thereof only after
| 20 | | the word "spoiled" has been written in ink diagonally across | 21 | | the entire
face of the ballot returned by the voter.
| 22 | | Where voting machines or electronic voting systems are | 23 | | used, the
provisions of this section may be modified as | 24 | | required or authorized by
Article 24,
24A, 24B, or 24C, | 25 | | whichever is applicable, except that the requirements of this | 26 | | Section that (i) the voter must be notified of the voting |
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| 1 | | equipment's acceptance or rejection of the voter's ballot or | 2 | | identification of an under-vote for a statewide constitutional | 3 | | office and (ii) the voter shall have the opportunity to | 4 | | correct an under-vote or surrender the ballot that was not | 5 | | accepted and vote another ballot shall not be modified.
| 6 | | For an office elected by ranked choice voting, the | 7 | | provisions of this Section may be modified as required or | 8 | | authorized 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 | 12 | | shall
proceed to canvass the votes polled. They shall first | 13 | | count the whole
number of ballots in the box. If 2 or more | 14 | | ballots are folded together
so as to appear to have been cast | 15 | | by the same person, all of the ballots
so folded together shall | 16 | | be marked and returned with the other ballots
in the same | 17 | | conditions, as near as may be, in which they were found when
| 18 | | first opened, but shall not be counted. If the remaining | 19 | | ballots shall
be found to exceed the number of applications | 20 | | for
ballot, the ballots shall be replaced in the box, and the | 21 | | box closed and
well shaken and again opened and one of the | 22 | | judges shall publicly draw
out so many ballots unopened as | 23 | | shall be equal to such excess; and the
number of the ballots | 24 | | agreeing with the poll lists, or being made to
agree. Such | 25 | | excess ballots shall be marked "Excess-Not Counted" and
signed |
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| 1 | | by a majority of the judges and shall be placed in the "After
| 2 | | 6:00 p.m. Defective Ballots Envelope". The number of excess | 3 | | ballots
shall be noted in the remarks section of the | 4 | | Certificate of Results.
"Excess" ballots shall not be counted | 5 | | in the total of "defective"
ballots.
| 6 | | The judges shall then proceed to count and record the | 7 | | votes; and
when the judges of election shall open and read the | 8 | | ballots, 3 judges,
with at least one from each political party | 9 | | from which the precinct
judges were chosen, shall carefully | 10 | | and correctly mark down upon the
three tally sheets the vote | 11 | | each candidate has received, in a separate
box prepared for | 12 | | that purpose, with the name of such candidate at the
head of | 13 | | such box, and the office designated by the votes such | 14 | | candidate
shall fill. Whenever a proposition is submitted to | 15 | | the electors at the
same election, the ballots for or against | 16 | | such proposition shall always
be canvassed, counted or | 17 | | tallied. The votes shall be canvassed in the
room or place | 18 | | where the election is held, and the judges shall not allow
the | 19 | | ballot box, or any of the ballots, or the applications for | 20 | | ballot,
or any of the tally sheets to be removed or carried | 21 | | away from such room
or place, until the canvass of the vote is | 22 | | completed, and the returns
carefully enveloped and sealed up | 23 | | as provided by law.
| 24 | | Where voting machines or electronic voting systems are | 25 | | used, the
provisions of this section may be modified as | 26 | | required or authorized by
Article 24 or Article 24A, whichever |
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| 1 | | is applicable.
| 2 | | For an office elected by ranked choice voting, the | 3 | | provisions of this Section may be modified as required or | 4 | | authorized 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 | 8 | | found upon
the register of voters by the person having charge | 9 | | thereof, shall then
be questioned by one of the judges as to | 10 | | his nativity, his term of
residence at present address, | 11 | | precinct, State and United States, his
age, whether | 12 | | naturalized and if so the date of naturalization papers and
| 13 | | court from which secured, and he shall be asked to state his | 14 | | residence
when last previously registered and the date of the | 15 | | election for which
he then registered. The judges of elections | 16 | | shall check each application
for ballot against the list of | 17 | | voters registered in that precinct to whom
grace period, vote | 18 | | by mail, and early ballots have been issued for that election, | 19 | | which shall
be provided
by the election authority and which | 20 | | list shall be available for inspection
by pollwatchers. A | 21 | | voter applying to vote in
the precinct on
election day whose | 22 | | name appears on the list as having been issued a grace period, | 23 | | vote by mail,
or early ballot shall not be permitted to vote in | 24 | | the precinct, except that a voter to whom a vote by mail ballot | 25 | | was issued may vote in the precinct if the voter submits to the |
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| 1 | | election judges that vote by mail ballot for cancellation. If | 2 | | the voter is unable to submit the vote by mail ballot, it shall | 3 | | be 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 | 5 | | ballot was torn or mutilated or (ii) an affidavit executed | 6 | | before the election judges specifying that (A) the voter never | 7 | | received a vote by mail ballot or (B) the voter completed and | 8 | | returned a vote by mail ballot and was informed that the | 9 | | election authority did not receive that vote by mail ballot.
| 10 | | If such person
so registered shall be challenged as | 11 | | disqualified, the party challenging
shall assign his reasons | 12 | | therefor, and thereupon one of the judges shall
administer to | 13 | | him an oath to answer questions, and if he shall take the
oath | 14 | | he shall then be questioned by the judge or judges touching | 15 | | such cause
of challenge, and touching any other cause of | 16 | | disqualification. And he may
also be questioned by the person | 17 | | challenging him in regard to his
qualifications and identity. | 18 | | But if a majority of the judges are of the
opinion that he is | 19 | | the person so registered and a qualified voter, his vote
shall | 20 | | then be received accordingly. But if his vote be rejected by | 21 | | such
judges, such person may afterward produce and deliver an | 22 | | affidavit to such
judges, subscribed and sworn to by him | 23 | | before one of the judges, in which
it shall be stated how long | 24 | | he has resided in such precinct, and state;
that he is a | 25 | | citizen of the United States, and is a duly qualified voter in
| 26 | | such precinct, and that he is the identical person so |
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| 1 | | registered.
In addition to such an affidavit, the person so | 2 | | challenged shall provide
to the judges of election proof of | 3 | | residence by producing 2 forms of
identification showing the | 4 | | person's current residence address, provided
that such | 5 | | identification may include a lease or contract for a residence | 6 | | and not more than one piece of mail addressed to the person at | 7 | | his current residence address and
postmarked not earlier than | 8 | | 30 days prior to the date of the
election, or the person shall | 9 | | procure a witness personally known to the
judges of election, | 10 | | and resident in the precinct (or district), or who
shall be | 11 | | proved by some legal voter of such precinct or district, known | 12 | | to
the judges to be such, who shall take the oath following, | 13 | | viz:
| 14 | | I do solemnly swear (or affirm) that I am a resident of | 15 | | this election
precinct (or district), and entitled to vote at | 16 | | this election, and that I
have been a resident of this State | 17 | | for 30 days last past, and am well
acquainted with the person | 18 | | whose vote is now offered; that he is an actual
and bona fide | 19 | | resident of this election precinct (or district), and has
| 20 | | resided herein 30 days, and as I verily believe, in this State, | 21 | | 30 days
next preceding this election.
| 22 | | The oath in each case may be administered by one of the | 23 | | judges of
election, or by any officer, resident in the | 24 | | precinct or district,
authorized by law to administer oaths. | 25 | | Also supported by an affidavit by a
registered voter residing | 26 | | in such precinct, stating his own residence, and
that he knows |
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| 1 | | such person; and that he does reside at the place mentioned
and | 2 | | has resided in such precinct and state for the length of time | 3 | | as stated
by such person, which shall be subscribed and sworn | 4 | | to in the same way.
For purposes of this Section, the | 5 | | submission of a photo identification issued by a college or | 6 | | university, accompanied by either (i) a copy of the | 7 | | applicant's contract or lease for a residence or (ii) one | 8 | | piece of mail addressed to the person at his or her current | 9 | | residence address and postmarked not earlier than 30 days | 10 | | prior to the date of the election, shall be sufficient to | 11 | | establish proof of residence. Whereupon the vote of such | 12 | | person shall be received, and entered as other
votes. But such | 13 | | judges, having charge of such registers, shall state in
their | 14 | | respective books the facts in such case, and the affidavits, | 15 | | so
delivered to the judges, shall be preserved and returned to | 16 | | the office of
the commissioners of election. Blank affidavits | 17 | | of the character aforesaid
shall be sent out to the judges of | 18 | | all the precincts, and the judges of
election shall furnish | 19 | | the same on demand and administer the oaths without
criticism. | 20 | | Such oaths, if administered by any other officer than such | 21 | | judge
of election, shall not be received. Whenever a proposal | 22 | | for a
constitutional amendment or for the calling of a | 23 | | constitutional convention
is to be voted upon at the election, | 24 | | the separate blue ballot or ballots
pertaining thereto shall | 25 | | be placed on top of the other ballots to be voted
at the | 26 | | election in such manner that the legend appearing on the back
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| 1 | | thereof, as prescribed in Section 16-6 of this Act, shall be | 2 | | plainly
visible to the voter, and in this fashion the ballots | 3 | | shall be handed to
the voter by the judge.
| 4 | | Immediately after voting, the voter shall be instructed | 5 | | whether the voting equipment, if used, accepted or rejected | 6 | | the ballot or identified the ballot as under-voted. A voter | 7 | | whose ballot is identified as under-voted for a statewide | 8 | | constitutional office may return to the voting booth and | 9 | | complete the voting of that ballot. A voter whose ballot is not | 10 | | accepted by the voting equipment may, upon surrendering the | 11 | | ballot, request and vote another ballot. If a ballot for an | 12 | | office elected by ranked choice voting is considered | 13 | | under-voted as defined in Section 22A-5, the voter may, upon | 14 | | surrendering the ballot, request and vote upon another ballot. | 15 | | The voter's surrendered ballot shall be initialed by the | 16 | | election judge and handled as provided in the appropriate | 17 | | Article governing that voting equipment. | 18 | | The voter shall, upon quitting the voting booth, deliver | 19 | | to one of
the judges of election all of the ballots, properly | 20 | | folded, which he
received. The judge of election to whom the | 21 | | voter delivers his ballots
shall not accept the same unless | 22 | | all of the ballots given to the voter
are returned by him. If a | 23 | | voter delivers less than all of the ballots
given to him, the | 24 | | judge to whom the same are offered shall advise him in
a voice | 25 | | clearly audible to the other judges of election that the voter
| 26 | | must return the remainder of the ballots. The statement of the |
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| 1 | | judge to
the voter shall clearly express the fact that the | 2 | | voter is not required
to vote such remaining ballots but that | 3 | | whether or not he votes them he
must fold and deliver them to | 4 | | the judge. In making such statement the
judge of election | 5 | | shall not indicate by word, gesture or intonation of
voice | 6 | | that the unreturned ballots shall be voted in any particular
| 7 | | manner. No new voter shall be permitted to enter the voting | 8 | | booth of a
voter who has failed to deliver the total number of | 9 | | ballots received by
him until such voter has returned to the | 10 | | voting booth pursuant to the
judge's request and again quit | 11 | | the booth with all of the ballots
required to be returned by | 12 | | him. Upon receipt of all such ballots the
judges of election | 13 | | shall enter the name of the voter, and his number, as
above | 14 | | provided in this Section, and the judge to whom the ballots are
| 15 | | delivered shall immediately put the ballots into the ballot | 16 | | box. If any
voter who has failed to deliver all the ballots | 17 | | received by him refuses
to return to the voting booth after | 18 | | being advised by the judge of
election as herein provided, the | 19 | | judge shall inform the other judges of
such refusal, and | 20 | | thereupon the ballot or ballots returned to the judge
shall be | 21 | | deposited in the ballot box, the voter shall be permitted to
| 22 | | depart from the polling place, and a new voter shall be | 23 | | permitted to
enter the voting booth.
| 24 | | The judge of election who receives the ballot or ballots | 25 | | from the
voter shall announce the residence and name of such | 26 | | voter in a loud
voice. The judge shall put the ballot or |
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| 1 | | ballots received from the voter
into the ballot box in the | 2 | | presence of the voter and the judges of
election, and in plain | 3 | | view of the public. The judges having charge of
such registers | 4 | | shall then, in a column prepared thereon, in the same
line of, | 5 | | the name of the voter, mark "Voted" or the letter "V".
| 6 | | No judge of election shall accept from any voter less than | 7 | | the full
number of ballots received by such voter without | 8 | | first advising the
voter in the manner above provided of the | 9 | | necessity of returning all of
the ballots, nor shall any such | 10 | | judge advise such voter in a manner
contrary to that which is | 11 | | herein permitted, or in any other manner
violate the | 12 | | provisions of this Section; provided, that the acceptance by
a | 13 | | judge of election of less than the full number of ballots | 14 | | delivered to
a voter who refuses to return to the voting booth | 15 | | after being properly
advised by such judge shall not be a | 16 | | violation 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 | 20 | | whole number
of ballots in the box. If the ballots shall be | 21 | | found to exceed the
number of applications for ballot, they | 22 | | shall reject the ballots, if
any, found folded inside of a | 23 | | ballot. And if the ballots and the
applications for ballot | 24 | | still do not agree after such rejection, the
ballots shall be | 25 | | replaced in the box and the box closed and well shaken,
and |
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| 1 | | again opened; and one of the judges shall publicly draw out so | 2 | | many
ballots unopened as shall be equal to such excess. Such | 3 | | excess ballots
shall be marked "Excess-Not Counted" and signed | 4 | | by a majority of judges
and shall be placed in the "After 6:00 | 5 | | p.m. Defective Ballots Envelope".
The number of excess ballots | 6 | | shall be noted in the remarks section of
the Certificate of | 7 | | Results. "Excess" ballots shall not
be counted in the total of | 8 | | "defective" ballots. And the ballots and
applications for | 9 | | ballot being made to agree in this way, the judges
shall | 10 | | proceed to count the votes in the following manner: The judges
| 11 | | shall open the ballots and place those which contain the same | 12 | | names
together, so that the several kinds shall be in separate | 13 | | piles or on
separate files. Each of the judges shall examine | 14 | | the separate files
which are, or are supposed to be, alike, and | 15 | | exclude from such files any
which may have a name or an | 16 | | erasure, or in any manner shall be different
from the others of | 17 | | such file. One of the judges shall then take one file
of the | 18 | | kind of ballots which contain the same names, and count them by
| 19 | | tens, carefully examining each name on each of the ballots. | 20 | | Such judge
shall then pass the ten ballots aforesaid to the | 21 | | judge sitting next to
him, who shall count them in the same | 22 | | manner, who shall then pass them
to a third judge, who shall | 23 | | also count them in the same manner. Then the
third judge shall | 24 | | call the names of the persons named in the ten
ballots, and the | 25 | | offices for which they are designated, and 2 of the
judges, who | 26 | | did not assist in the counting shall tally ten votes for
each |
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| 1 | | of such persons, except as herein otherwise provided. When the
| 2 | | judges shall have gone through such file of ballots, | 3 | | containing the same
names, and shall count them by tens in the | 4 | | same way, and shall call the
names of the persons named in the | 5 | | ballots and the office for which they
are designated, the | 6 | | tally judges shall tally the votes by tens for each
of such | 7 | | persons in the same manner as in the first instance. When the
| 8 | | counting of each file of ballots which contain the same names | 9 | | shall be
completed, the tally judges shall compare their | 10 | | tallies together and
ascertain the total number of ballots of | 11 | | that kind so canvassed; and
when they agree upon the number, | 12 | | one of them shall announce it in a loud
voice to the other | 13 | | judges. The judges shall then canvass the other kinds
of | 14 | | ballots which do not correspond, those containing names partly | 15 | | from
one kind of ballots and partly from another, being those | 16 | | from which the
name of the person proper to be voted for on | 17 | | such ballots has been
omitted or erased, usually called | 18 | | "scratched tickets". They shall be
canvassed separately by one | 19 | | of the judges sitting between 2 other
judges, which judge | 20 | | shall call each name to the tally judges and the
office for | 21 | | which it is designated, and the other judges looking at the
| 22 | | ballot at the same time, and the tally judges making tally of | 23 | | the same.
When all the ballots have been canvassed in this | 24 | | manner, the tally
judges shall compare their tallies together, | 25 | | and ascertain the total
number of votes received by each | 26 | | candidate and when they agree upon the
numbers one of them |
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| 1 | | shall announce in a loud voice to the judges the
number of | 2 | | votes received by each candidate on each of the kinds of
| 3 | | ballots containing his name, the number received by him on
| 4 | | scratch tickets, and the total number of votes received by | 5 | | him.
| 6 | | The votes for the offices of Governor and Lieutenant | 7 | | Governor shall
be counted and tallied jointly.
| 8 | | Where voting machines or electronic voting systems are | 9 | | used, the
provisions of this section may be modified as | 10 | | required or authorized by
Article 24 or Article 24A, whichever | 11 | | is applicable.
| 12 | | For an office elected by ranked choice voting, the | 13 | | provisions of this Section may be modified as required or | 14 | | authorized 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 | 18 | | shall, within 21 days
next after holding the election named in | 19 | | subsection (1) of Section 2A-1.2 and
Section 2A-2, make 2 | 20 | | copies of the abstract of the votes cast for electors by
each | 21 | | political party or group, as indicated by the voter for an | 22 | | office elected by ranked choice voting , as aforesaid, by a
| 23 | | cross 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
| 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 Elections shall | 7 | | proceed to open and canvass said election
returns by ranked | 8 | | choice voting tabulation as described in Article 22A, and to | 9 | | declare which set of candidates for President and
| 10 | | Vice-President received, as aforesaid, the highest number of | 11 | | votes cast at
such election as aforesaid; and the electors of | 12 | | that party whose candidates
for President and Vice-President | 13 | | received the highest number of votes so
cast shall be taken and | 14 | | deemed to be elected as electors of President and
| 15 | | Vice-President, but should 2 or more sets of candidates for | 16 | | President and
Vice-President be returned with an equal and the | 17 | | highest vote, the State
Board of Elections shall cause a | 18 | | notice of the same to be published, which
notice shall name | 19 | | some day and place, not less than 5 days from the time of
such | 20 | | publication of such notice, upon which the State Board of | 21 | | Elections
will decide by lot which of the sets of candidates | 22 | | for President and
Vice-President so equal and highest shall be | 23 | | declared to be highest. And
upon the day and at the place so | 24 | | appointed in the notice, the board shall
so decide by lot and | 25 | | declare which is deemed highest of the sets of
candidates for | 26 | | President and Vice-President so equal and highest, thereby
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| 1 | | determining only that the electors chosen as aforesaid by such | 2 | | candidates'
party or group are thereby elected by general | 3 | | ticket 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 | 7 | | of result. The State Board of Elections, shall proceed within | 8 | | 31 days
after the election,
and sooner if all the returns are | 9 | | received, to canvass the votes given
for United States | 10 | | Senators and Representatives to Congress, State
executive | 11 | | officers, judges of the Supreme Court, judges of the Appellate
| 12 | | Court, judges of the Circuit Court, Senators, Representatives | 13 | | to the
General Assembly, State's Attorneys and Regional | 14 | | Superintendents of Schools
elected from 2 or more counties, | 15 | | respectively . For an office elected by ranked choice voting, | 16 | | the canvass shall be done by ranked choice voting tabulation | 17 | | as described in Article 22A. The , and the persons
having the | 18 | | highest number of votes for the respective offices shall be
| 19 | | declared duly elected, but if it appears that more than the | 20 | | number of
persons to be elected have the highest and an equal | 21 | | number of votes for
the same office, the electoral board shall | 22 | | decide by lot which of such
persons shall be elected; and to | 23 | | each person duly elected, the Governor
shall give a | 24 | | certificate of election or commission, as the case may
| 25 | | require, and shall cause proclamation to be made of the result |
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| 1 | | of the
canvass, and they shall at the same time and in the same | 2 | | manner, canvass
the vote cast upon amendments to the | 3 | | Constitution, and upon other
propositions submitted to the | 4 | | electors of the entire State; and the
Governor shall cause to | 5 | | be made such proclamation of the result of the
canvass as the | 6 | | statutes elsewhere provide. The State Board of Elections
shall | 7 | | transmit to the State Comptroller a list of the persons | 8 | | elected to
the various offices. The State Board of Elections | 9 | | shall also transmit to
the Supreme Court the names of persons | 10 | | elected to judgeships in
adversary elections and the names of | 11 | | judges who fail to win retention in
office.
| 12 | | No person who is shown by the canvassing board's | 13 | | proclamation to have been elected at the consolidated election | 14 | | or general election as a write-in candidate shall take office | 15 | | unless that person has first filed with the certifying office | 16 | | or board a statement of candidacy pursuant to Section 7-10 or | 17 | | Section 10-5, a statement pursuant to Section 7-10.1, and a | 18 | | receipt for filing a statement of economic interests in | 19 | | relation to the unit of government to which he or she has been | 20 | | elected. For officers elected at the consolidated election, | 21 | | the certifying officer shall notify the election authority of | 22 | | the receipt of those documents, and the county clerk shall | 23 | | issue the certification of election under the provisions of | 24 | | Section 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 | 5 | | elected by ranked choice voting involving 3 or more | 6 | | candidates, including qualified write-in candidates, shall be | 7 | | conducted pursuant to the procedures set forth in this | 8 | | Article. | 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 | 12 | | ballot. | 13 | | "Active candidate" means a candidate who has not been | 14 | | defeated. | 15 | | "Inactive ballot" is a ballot that does not count for any | 16 | | candidate for any of the reasons given in Section 22A-45. | 17 | | "Highest-ranked active candidate" means the highest | 18 | | ranking on a voter's ballot for an active candidate. | 19 | | "Overvote" means a circumstance in which a voter has | 20 | | ranked more than one candidate at the same ranking. | 21 | | "Ranking" means the number available to be assigned by a | 22 | | voter to a candidate to express the voter's choice for that | 23 | | candidate. 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 | 2 | | tabulation steps established in Section 22A-30. | 3 | | "Skipped ranking" means a voter has left a ranking | 4 | | unassigned but ranks a candidate at a subsequent ranking. | 5 | | "Undervote" means a circumstance in which a voter has not | 6 | | ranked any candidate for a particular office. | 7 | | "Under-voted" means a case where a ballot does not contain | 8 | | rankings 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 | 11 | | voting ballot shall be laid out to allow the voter to rank the | 12 | | candidates for an office in order of preference. The ballot | 13 | | shall allow voters to rank as many choices as there are | 14 | | qualified candidates, including qualified write-in candidates, | 15 | | except as provided in this Section. If the voting equipment | 16 | | cannot accommodate a number of rankings on the ballot equal to | 17 | | the number of qualified candidates, an election authority may | 18 | | limit the number of choices a voter may rank on a ballot to the | 19 | | maximum number allowed by the equipment. If multiple types of | 20 | | voting equipment are used in an election for the same office, | 21 | | the State Board of Elections shall ensure that every ballot | 22 | | allows 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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| 1 | | are held in which ranked choice voting is used in addition to | 2 | | other methods of voting, the ranked choice and non-ranked | 3 | | choice voting elections must be on the same ballot if | 4 | | possible, with ranked choice voting and non-ranked choice | 5 | | voting portions clearly separated on the ballot. If placement | 6 | | of all offices to be elected cannot be placed on a single | 7 | | ballot, a separate ballot may be used for those offices to be | 8 | | elected using ranked choice voting. Ballots may deviate from | 9 | | the ordering established in Section 7-19 to allow for | 10 | | separation of ranked choice voting and non-ranked choice | 11 | | voting elections. | 12 | | (10 ILCS 5/22A-20 new) | 13 | | Sec. 22A-20. Ballot requirements. All other ballot | 14 | | requirements of this Code apply to ranked choice voting | 15 | | ballots to the extent that they do not contradict the | 16 | | requirements 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 | 20 | | this Section before tabulation as described in Section 22A-30. | 21 | | A first ranked choice tabulation will consist of a first round | 22 | | only. Under the first ranked choice tabulation, the vote total | 23 | | will 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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| 1 | | of the active ballots, the candidate shall be declared duly | 2 | | elected. If not, tabulation shall proceed in rounds as | 3 | | described in Section 22A-30. | 4 | | (10 ILCS 5/22A-30 new) | 5 | | Sec. 22A-30. Ranked choice voting tabulation. Tabulation | 6 | | must 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 | 17 | | more candidates are tied with the fewest votes, and tabulation | 18 | | cannot continue until the candidate with the fewest votes is | 19 | | defeated, then the candidate to be defeated will be chosen by | 20 | | lot. The result of the tie resolution must be recorded and | 21 | | reused in the event of a recount. Election authorities may | 22 | | resolve prospective ties between candidates before the | 23 | | election. |
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| 1 | | (10 ILCS 5/22A-40 new) | 2 | | Sec. 22A-40. Batch elimination. In any election conducted | 3 | | by ranked choice voting, the election authority may modify the | 4 | | tabulation to include batch elimination. If the tabulation | 5 | | does include batch elimination, then any time the active | 6 | | candidate with the fewest votes would be defeated, all active | 7 | | candidates in the elimination batch are simultaneously | 8 | | defeated instead. An active candidate is in the elimination | 9 | | batch if the number of elected and active candidates with more | 10 | | votes than that candidate is greater than the number of | 11 | | offices to be elected, and it is mathematically impossible for | 12 | | that 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 | 23 | | ranked choice voting, an inactive ballot does not count for | 24 | | any candidate. A ballot is inactive if any of the following is | 25 | | true: |
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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 | 6 | | active 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 | 10 | | voting, precinct returns must include, at minimum, the number | 11 | | of votes in the first ranking for each candidate. | 12 | | (b) The processes for making precinct returns, as | 13 | | described in Articles 7, 17, and 18, may be modified by the | 14 | | State Board of Elections or other election authority to allow | 15 | | for compliance with this Section. | 16 | | (10 ILCS 5/22A-55 new) | 17 | | Sec. 22A-55. Rights of political parties. For all | 18 | | statutory and constitutional provisions in the State | 19 | | pertaining to the rights of political parties or the number of | 20 | | votes cast for an officer or candidate, the number of votes | 21 | | cast for a party's candidate for an office elected by ranked | 22 | | choice voting is the number of votes credited to that | 23 | | candidate in the first ranked choice tabulation described in | 24 | | Section 22A-25. |
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| 1 | | (10 ILCS 5/22A-60 new) | 2 | | Sec. 22A-60. Adoption of rules. The State Board of | 3 | | Elections may adopt rules to implement the provisions of this | 4 | | Article. ".
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