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Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide. Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.
ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/7-39
(10 ILCS 5/7-39) (from Ch. 46, par. 7-39)
Sec. 7-39.
Upon the opening of the polls one of the primary judges shall
make proclamation of the same. And at least thirty (30) minutes before the
closing of the polls proclamation shall be made in like manner that the
polls will be closed in half an hour.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/7-40
(10 ILCS 5/7-40) (from Ch. 46, par. 7-40)
Sec. 7-40.
(a) Before voting begins, the ballot box shall be emptied and shall be
opened and shown to those present to be empty, after which it shall be
locked and the key delivered to one of the primary judges, and such ballot
box shall not be removed from public view from the time it is shown to be
empty until after the close of the polls. This paragraph (a) applies
whenever permanent type ballot boxes are used, and does not apply when
ballot boxes are used in accordance with paragraph (b) of this Section.
(b) The election authority charged with providing ballot boxes for the
conduct of an election under this Article may provide non-permanent type
ballot boxes as authorized under Section 15-1, paragraph (b), and Section
15-4, paragraph (b). When such ballot boxes are used, prior to the
commencement of voting and before any ballots are deposited therein, the
judges shall examine each such sealed ballot box, show it to those present
and insure that it is in fact sealed and empty; the sealed slot shall be
broken open before those present and the box inspected to insure that it is
empty and such ballot box shall not be removed from public view from the
time it is so inspected until after the close of the polls. The sealed
opening on the side of the box shall not be unsealed or opened until after
the close of the polls.
(Source: P.A. 77-6.)
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10 ILCS 5/7-41
(10 ILCS 5/7-41) (from Ch. 46, par. 7-41)
Sec. 7-41. (a) All officers upon whom is imposed by law the duty of
designating and providing polling places for general elections, shall provide
in each such polling place so designated and provided, a sufficient number of
booths for such primary election, which booths shall be provided with
shelves, such supplies and pencils as will enable the voter to prepare his
ballot for voting and in which voters may prepare their ballots screened
from all observation as to the manner in which they do so. Such booths shall be
within plain view of the election officers and both they and the ballot boxes
shall be within plain view of those within the proximity of the voting booths.
No person other than election officers and the challengers allowed by law and
those admitted for the purpose of voting, as hereinafter provided, shall be
permitted within the proximity of the voting booths, except
by authority of the primary officers to keep order and enforce the law.
(b) The number of such voting booths shall not be less than one to every
seventy-five voters or fraction thereof, who voted at the last preceding
election in the precinct or election district.
(c) No person shall do any electioneering or soliciting of votes on
primary day within any polling place or within one hundred feet of any polling
place, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place. Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building that is a private business, a public or private
school, or a church or other organization founded for the purpose of religious
worship and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private building with 2 or more floors and the polling room is located on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection. Notwithstanding any other provision of this Section, a church or private school may choose to apply the campaign free zone to its entire property, and, if so, the markers shall be placed near the boundaries on the grounds adjacent to the thoroughfares or walkways leading to the entrances used by the voters.
At or near the door of each polling place, the election judges shall place signage indicating the proper entrance to the polling place. In addition, the election judges shall ensure that a sign identifying the location of the polling place is placed on a nearby public roadway. The State Board of Elections shall establish guidelines for the placement of polling place signage.
The area on polling place property beyond the campaign free zone, whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are
open on an election day.
(d) The regulation of electioneering on polling place property on an
election
day, including but not limited to the placement of temporary signs, is an
exclusive power and function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to subsection (c) is
declared void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 95-699, eff. 11-9-07.)
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10 ILCS 5/7-42
(10 ILCS 5/7-42) (from Ch. 46, par. 7-42)
Sec. 7-42.
(a) Any person entitled to vote at such primary shall, on the day of
such primary, with the consent of his employer, be entitled to absent
himself from any service or employment in which he is then engaged or
employed for a period of 2 hours between the time of opening and closing
the polls. The employer may specify the hours during which said employee may
absent himself.
(b) Beginning the 15th day before the primary election or on the day of the primary election, any student entitled to vote at such primary shall be entitled to be absent from school for a period of 2 hours during the school day in order to vote. The school may specify the hours during which the eligible student may be absent. A student who is absent from school under this subsection (b) is not considered absent for the purpose of calculating enrollment under Section 18-8.15 of the School Code. (Source: P.A. 103-154, eff. 6-30-23.)
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10 ILCS 5/7-43
(10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
Sec. 7-43. Every person having resided in this State 6 months and
in the precinct 30 days next preceding any primary therein who shall be
a citizen of the United States of the age of 18 or more
years shall be
entitled to vote at such primary.
The following regulations shall be applicable to primaries:
No person shall be entitled to vote at a primary:
(a) Unless he declares his party affiliations as | | required by this Article.
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(b) (Blank).
(c) (Blank).
(c.5) If that person has participated in the town
| | political party caucus, under Section 45-50 of the Township Code, of another political party by signing an affidavit of voters attending the caucus within 45 days before the first day of the calendar month in which the primary is held.
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(d) (Blank).
In cities, villages, and incorporated towns having a
| | board of election commissioners, only voters registered as provided by Article 6 of this Code shall be entitled to vote at such primary.
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No person shall be entitled to vote at a primary
| | unless he is registered under the provisions of Article 4, 5, or 6 of this Code, when his registration is required by any of said Articles to entitle him to vote at the election with reference to which the primary is held.
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A person (i) who filed a statement of candidacy for a partisan office as a qualified primary voter of an established political party or (ii) who voted the ballot of an established political party at a general primary election may not file a statement of candidacy as a candidate of a different established political party, a new political party, or as an independent candidate for a partisan office to be filled at the general election immediately following the general primary for which the person filed the statement or voted the ballot. A person may file a statement of candidacy for a partisan office as a qualified primary voter of an established political party regardless of any prior filing of candidacy for a partisan office or voting the ballot of an established political party at any prior election.
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.)
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10 ILCS 5/7-44
(10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
Sec. 7-44.
Any person desiring to vote at a primary shall state his name,
residence and party affiliation to the primary judges, one of whom shall
thereupon announce the same in a distinct tone of voice, sufficiently loud
to be heard by all persons in the polling place. When article 4, 5 or 6
is applicable the Certificate of Registered Voter therein prescribed shall
be made and signed and the official poll record shall be made. If the
person desiring to vote is not challenged, one of the primary judges shall
give to him one, and only one, primary ballot of the political party with
which he declares himself affiliated, on the back of which such primary
judge shall endorse his initials in such manner that they may be seen when
the primary ballot is properly folded. If the person desiring to vote is
challenged he shall not receive a primary ballot from the primary judges
until he shall have established his right to vote as hereinafter provided.
No person who refuses to state his party affiliation shall be allowed to
vote at a primary.
A person who declares his party affiliation with a statewide established
political party and requests a primary ballot of such party may nonetheless
also declare his affiliation with a political party established only within
a political subdivision, and may also vote in the primary of such local
party on the same election day, provided that such voter may not vote in
both such party primaries with respect to offices of the same political
subdivision. However, no person declaring his affiliation with a statewide
established political party may vote in the primary of any other statewide
political party on the same election day.
(Source: P.A. 81-1535.)
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10 ILCS 5/7-45
(10 ILCS 5/7-45) (from Ch. 46, par. 7-45)
Sec. 7-45.
Whenever a person offering to vote at a primary is
challenged, and is not personally known to the judges of election to have
the qualifications required in this Article to vote, the person so
challenged shall make and subscribe an
affidavit in the following form, which shall be presented to and
retained by the primary judges and returned by them affixed to the
primary poll book or with the official poll record:
State of Illinois) )ss. County of .......)
I, ...., do solemnly swear (or affirm) that I am a citizen of the
United States, of the age of 18 years or over, and am qualified to vote
under and by virtue of the Constitution and laws of the State of
Illinois, and am a legally qualified voter of the precinct; that I now
reside at ....(insert street and number, if any) in this precinct, and
am a member of and affiliated with the .... party; that I have not
voted at a primary of another political party within a period of 23
calendar months prior to the calendar month in which this primary is
being held; and that I voted at the .... city, village, incorporated
town, or town primary, with the .... political party at the ....
election held in ...., .... which the .... political party was
entitled at such primary to make nominations of candidates for city,
village, incorporated town or town offices only, and for no other
offices, and that the name or names of no candidate or candidates of the
.... political party (the political party with which the primary
elector declares himself affiliated) were, at such city, village,
incorporated town or town primary, printed on the primary ballot; that I
have not signed the petition for nomination of a candidate of a
political party with which I am not affiliated, and that I have not
signed the nominating papers of an independent candidate for any office
for which office candidates for nomination are voted for at this
primary.
.........................
Subscribed and sworn to before me, this .... day of ...., ....
.........................
Judge of Primary
In addition to such affidavit the person so challenged shall provide to
the judges of election proof of residence by producing two
forms of identification showing the person's current residence address,
provided that such identification may include not more than
one piece of mail addressed to the person at his current residence address
and postmarked not earlier than 30 days prior to the date of the primary
election, or the person shall produce the affidavit of one voter of the
precinct, who shall be a qualified
voter at such primary, and who shall be personally known or proved to
the judges to be a voter in the precinct, which affidavit shall be in
the following form:
State of Illinois) )ss. County of........)
I,...., do solemnly swear (or affirm) that I am a voter of this
precinct and entitled to vote at this primary; that I am acquainted with
....(name of the party challenged), whose right to vote at this primary
has been challenged; that I know him or her to be an actual bona fide resident
of this precinct, and that he has resided herein 30 days, and I verily
believe he or she has resided in this State 30 days next preceding this
primary; that I verily believe he or she is a member of and affiliated with the
.... party.
.........................
Subscribed and sworn to before me, this .... day of ...., ....
.........................
Judge of Primary
(Source: P.A. 86-867.)
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10 ILCS 5/7-46
(10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
Sec. 7-46.
On receiving from the primary judges a primary ballot of his
party, the primary elector shall forthwith and without leaving the polling
place, retire alone to one of the voting booths and prepare such primary
ballot by marking a cross (X) in the square in front of and opposite the
name of each candidate of his choice for each office to be filled, and for
delegates and alternate delegates to national nominating conventions, and
for committeepersons, if committeepersons are being elected at such primary. A cross (X) in the square in front of the bracket enclosing the names of a team of candidates for Governor and Lieutenant Governor counts as one vote for each of those candidates.
Any primary elector may, instead of voting for any candidate for
nomination or for committeeperson or for delegate or alternate delegate to
national nominating conventions, whose name is printed on the primary
ballot, write in the name of any other person affiliated with such party as
a candidate for the nomination for any office, or for committeeperson, or for
delegates or alternate delegates to national nominating conventions, and
indicate his choice of such candidate or committeeperson or delegate or
alternate delegate, by placing to the left of and opposite the name thus
written a square and placing in the square a cross (X). A primary elector, however, may not by this method vote separately for Governor and Lieutenant Governor but must write in the names of candidates of his or her choice for both offices and indicate his or her choice of those names by placing a single square to the left of those names and placing in that square a cross (X).
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-47
(10 ILCS 5/7-47) (from Ch. 46, par. 7-47)
Sec. 7-47.
Before leaving the booth, the primary elector shall fold his
primary ballot in such manner as to conceal the marks thereon. Such voter
shall then vote forthwith by handing the primary judge the primary ballot
received by such voter. Thereupon the primary judge shall deposit such
primary ballot in the ballot box. One of the judges shall thereupon enter
in the primary poll book the name of the primary elector, his residence and
his party affiliation or shall make the entries on the official poll record
as required by articles 4, 5 and 6, if any one of them is applicable.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: Laws 1965, p. 2220.)
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10 ILCS 5/7-47.1
(10 ILCS 5/7-47.1) (from Ch. 46, par. 7-47.1)
Sec. 7-47.1.
(a) In the case of an emergency, as determined by the
State Board of Elections, or if the Board determines that all potential
polling places have been surveyed by the election authority and that no
accessible polling place, as defined by rule of the State Board of
Elections, is available within a precinct nor is the election authority
able to make a polling place within the precinct temporarily accessible,
the Board, upon written application by the election authority, is
authorized to grant an exemption from the accessibility requirements of the
Federal Voting Accessibility for the Elderly and Handicapped Act (Public
Law 98-435). Such exemption shall be valid for a period of 2 years.
(b) Any temporarily or permanently physically disabled voter who,
because of structural features of the building in which the polling place
is located, is unable to access or enter the polling place, may request
that 2 judges of election of opposite party affiliation deliver a ballot to
him or her at the point where he or she is unable to continue forward
motion toward the polling place; but, in no case, shall a ballot be
delivered to the voter beyond 50 feet of the entrance to the building in
which the polling place is located. Such request shall be made to the
election authority not later than the close of business at the election
authority's office on the day before the election and on a form prescribed
by the State Board of Elections. The election authority shall notify the
judges of election for the appropriate precinct polling places of such requests.
Weather permitting, 2 judges of election shall deliver to the
disabled voter the ballot which he or she is entitled to vote, a portable
voting booth or other enclosure that will allow such voter to mark his or
her ballot in secrecy, and a marking device.
(c) The voter must complete the entire voting process, including the
application for ballot from which the judges of election shall compare the
voter's signature with the signature on his or her registration record card
in the precinct binder.
After the voter has marked his or her ballot and placed it in the
ballot envelope (or folded it in the manner prescribed for paper ballots),
the 2 judges of election shall return the ballot to the polling place and
give it to the judge in charge of the ballot box who shall deposit it therein.
Pollwatchers as provided in Sections 7-34 and 17-23 of this Code shall
be permitted to accompany the judges and observe the above procedure.
No assistance may be given to such voter in marking his or her ballot,
unless the voter requests assistance and completes the affidavit required
by Section 17-14 of this Code.
(Source: P.A. 84-808.)
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10 ILCS 5/7-48
(10 ILCS 5/7-48) (from Ch. 46, par. 7-48)
Sec. 7-48.
Any primary elector who may declare upon oath, properly
witnessed and with his or her signature or mark affixed, that he or she
requires assistance to vote by reason of blindness, physical disability or
inability to read, write or speak the English language, shall, upon
request, be assisted in marking his or her primary ballot in the same
manner as provided by this Act for general elections.
(Source: P.A. 84-808.)
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10 ILCS 5/7-49
(10 ILCS 5/7-49) (from Ch. 46, par. 7-49)
Sec. 7-49.
After the opening of the polls at a primary no adjournment shall
be had nor recess taken until the canvass of all the votes is completed and
the returns carefully enveloped and sealed.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: Laws 1965, p. 2220.)
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10 ILCS 5/7-50
(10 ILCS 5/7-50) (from Ch. 46, par. 7-50)
Sec. 7-50.
The votes shall be canvassed in the room or place where the
primary is held and the primary judges shall not allow the ballot box or
any of the ballots, or the primary poll book, or any of the tally sheets to
be removed or carried away from such room or polling place until the
canvass of the votes is completed and the returns carefully enveloped and
sealed.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/7-51
(10 ILCS 5/7-51) (from Ch. 46, par. 7-51)
Sec. 7-51.
If the primary elector marks more names upon the primary
ballot than there are persons to be nominated as candidates for an
office, or for State central committeepersons, or precinct committeepersons, or
township committeepersons, or ward committeepersons, or delegates or alternate
delegates to National nominating conventions, or if for any reason it is
impossible to determine the primary elector's choice of a candidate for
the nomination for an office, or committeeperson, or delegate, his primary
ballot shall not be counted for the nomination for such office or committeeperson.
No primary ballot, without the endorsement of the judge's initials
thereon, shall be counted.
No judge shall omit to endorse his initials on a primary ballot, as
required by this Article, nor shall any person not authorized so to do
initial a primary ballot knowing that he is not so authorized.
Primary ballots not counted shall be marked "defective" on the back
thereof; and primary ballots to which objections have been made by
either of the primary judges or challengers shall be marked "objected
to" on the back thereof; and a memorandum, signed by the primary judges,
stating how it was counted, shall be written on the back of each primary
ballot so marked; and all primary ballots marked "defective" or
"objected to" shall be enclosed in an envelope and securely sealed, and
so marked and endorsed as to clearly disclose its contents. The envelope
to be used for enclosing ballots marked "defective" or "objected to"
shall bear upon its face, in not less than 1 1/2 inch type, the legend:
"This envelope is for use after 6:00 P.M. only." The envelope to be used
for enclosing ballots spoiled by voters while attempting to vote shall
bear upon its face, in not less than 1 1/2 inch type, the legend: "This
envelope is for use before 6:00 P.M. only."
All primary ballots not voted, and all that have been spoiled by
voters while attempting to vote, shall be returned to the proper election authority
by the primary judges, and a receipt taken therefor, and shall be
preserved 2 months. Such official shall keep a record of the number of
primary ballots delivered for each polling place, and he or they shall
also enter upon such record the number and character of primary ballots
returned, with the time when and the persons by whom they are returned.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-52
(10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
Sec. 7-52.
Immediately upon closing the polls, the primary judges
shall proceed to canvass the votes in the manner following:
(1) They shall separate and count the ballots of each | |
(2) They shall then proceed to ascertain the number
| | of names entered on the applications for ballot under each party affiliation.
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(3) If the primary ballots of any political party
| | exceed the number of applications for ballot by voters of such political party, the primary ballots of such political party shall be folded and replaced in the ballot box, the box closed, well shaken and again opened and one of the primary judges, who shall be blindfolded, shall draw out so many of the primary ballots of such political party as shall be equal to such excess. Such excess ballots shall be marked "Excess-Not Counted" and signed by a majority of the judges and shall be placed in the "After 6:00 p.m. Defective Ballots Envelope". The number of excess ballots shall be noted in the remarks section of the Certificate of Results. "Excess" ballots shall not be counted in the total of "defective" ballots.
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(4) The primary judges shall then proceed to count
| | the primary ballots of each political party separately; and as the primary judges shall open and read the primary ballots, 3 of the judges shall carefully and correctly mark upon separate tally sheets the votes which each candidate of the party whose name is written or printed on the primary ballot has received, in a separate column for that purpose, with the name of such candidate, the name of his political party and the name of the office for which he is a candidate for nomination at the head of such column. The same column, however, shall be used for both names of the same team of candidates for Governor and Lieutenant Governor.
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Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 96-1018, eff. 1-1-11; 97-333, eff. 8-12-11.)
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10 ILCS 5/7-53
(10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
Sec. 7-53.
As soon as the ballots of a political party shall have
been read and the votes of the political party counted, as provided in
the last above section, the 3 judges in charge of the tally sheets shall
foot up the tally sheets so as to show the total number of votes cast
for each candidate of the political party and for each candidate for
State Central committeeperson and precinct committeeperson, township committeeperson
or ward committeeperson, and delegate and alternate delegate
to National nominating conventions, and certify the same to be correct.
Thereupon, the primary judges shall set down in a certificate of results
on the tally sheet, under the name of the political party, the name of
each candidate voted for upon the primary ballot, written at full
length, the name of the office for which he is a candidate for
nomination or for committeeperson, or delegate or alternate delegate to
National nominating conventions, the total number of votes which the
candidate received, and they shall also set down the total number of
ballots voted by the primary electors of the political party in the
precinct. The certificate of results shall be made substantially in the
following form:
................ Party
At the primary election held in the .... precinct of the (1) *township of
...., or (2) *City of ...., or (3) *.... ward in the city of .... on (insert
date), the primary electors of the ....
party voted .... ballots, and the respective candidates whose names were
written or printed on the primary ballot of the .... party, received
respectively the following votes:
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Name of |
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No. of |
Candidate, |
Title of Office, |
Votes |
John Jones |
Governor |
100 |
Jane James | Lieutenant Governor | 100 |
Sam Smith |
Governor |
70 |
Samantha Smythe | Lieutenant Governor | 70 |
Frank Martin |
Attorney General |
150 |
William Preston |
Rep. in Congress |
200 |
Frederick John |
Circuit Judge |
50 |
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*Fill in either (1), (2) or (3).
And so on for each candidate.
We hereby certify the above and foregoing to be true and correct.
Dated (insert date).
...................................
Name Address
...................................
Name Address ...................................
Name Address ...................................
Name Address
...................................
Name Address Judges of Primary
Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 and Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-54
(10 ILCS 5/7-54) (from Ch. 46, par. 7-54)
Sec. 7-54.
After the votes of a political party have been counted and
set down and the tally sheets footed and the entry made in the primary
poll books or return, as above provided, all the primary ballots of said
political party, except those marked "defective" or "objected to" shall
be securely bound, lengthwise and in width, with a soft cord having a
minimum tensile strength of 60 pounds separately for each political
party in the order in which said primary ballots have been read, and
shall thereupon be carefully sealed in an envelope, which envelope shall
be endorsed as follows:
"Primary ballots of the.... party of the.... precinct of the county
of.... and State of Illinois."
Below each endorsement, each primary judge shall write his name.
Immediately thereafter the judges shall designate one of their number to
go to the nearest
telephone and report to the office of the county clerk or board of
election commissioners (as the case may be) the results of such primary.
Such clerk or board shall keep his or its office open after the close of
the polls until he or it has received from each precinct under his or
its jurisdiction the report above provided for. Immediately upon
receiving such report such clerk or board shall cause the same to be
posted in a public place in his or its office for inspection by the
public. Immediately after making such report such judge shall return to
the polling place.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 or Article 24A, whichever is applicable.
(Source: P.A. 81-1433.)
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10 ILCS 5/7-55
(10 ILCS 5/7-55) (from Ch. 46, par. 7-55)
Sec. 7-55.
The primary poll books or the official poll record, and the
tally sheets with the certificates of the primary judges written thereon,
together with the envelopes containing the ballots, including the envelope
containing the ballots marked "defective" or "objected to", shall be
carefully enveloped and sealed up together, properly endorsed, and the
primary judges shall elect 2 judges (one from each of the major political
parties), who shall immediately deliver the same to the clerk from whom the
primary ballots were obtained, which clerk shall safely keep the same for 2
months, and thereafter shall safely keep the poll books until the next
primary. Each election authority shall keep the office of the election
authority, or any receiving stations designated by such authority, open
for at least 12 consecutive hours after the polls close,
or until the judges of each precinct under the jurisdiction of the election
authority have delivered to the election authority all the above materials
sealed up together and properly endorsed as provided herein. Materials
delivered to the election authority which are not in the condition required
by this Section shall not be accepted by the election authority until the
judges delivering the same make and sign the necessary corrections. Upon
acceptance of the materials by the election authority, the judges delivering
the same shall take a receipt signed by the election authority and stamped
with the time and date of
such delivery. The election judges whose duty it is to deliver any materials
as above provided shall, in the event such materials cannot be found when
needed, on proper request, produce the receipt which they are to take as
above provided.
The county clerk or board of election commissioners shall deliver a copy
of each tally sheet to the county chairmen of the two largest political
parties.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 and Article 24A, whichever is applicable.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-56
(10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
Sec. 7-56. As soon as complete returns are delivered to the proper election
authority, the returns shall be canvassed for all primary elections as follows. The election authority acting as the canvassing board
pursuant to Section 1-8 of this Code shall also open
and canvass the returns of a primary. Upon the
completion of the canvass of the returns by the election authority,
the election authority shall make a tabulated statement of the returns
for each political party separately, stating in appropriate columns and
under proper headings, the total number of votes cast in said county for
each candidate for nomination or election by said party, including candidates for
President of the United States and for State central committeepersons, and
for delegates and alternate delegates to National nominating
conventions, and for precinct committeepersons, township committeepersons, and
for ward committeepersons. Within 2 days after the completion of said
canvass by the election authority, the county clerk shall mail to the
State Board of Elections a certified copy of such tabulated statement of
returns. The
election authority shall also determine and set down as to each precinct the
number of ballots voted by the primary electors of each party at the primary.
In the case of the nomination or election of candidates for offices,
including President of the United States and the State central committeepersons, and delegates and alternate delegates to National
nominating conventions, certified tabulated statement of returns for
which are filed with the State Board of Elections, said returns shall be
canvassed by the election authority. And, provided, further, that within 5 days after
said returns shall be canvassed by the said Board, the Board shall cause
to be published in one daily newspaper of general circulation at the
seat of the State government in Springfield a certified statement of the
returns filed in its office, showing the total vote cast in the State
for each candidate of each political party for President of the United
States, and showing the total vote for each candidate of each political
party for President of the United States, cast in each of the several
congressional districts in the State.
Within 48 hours of conducting a canvass, as required
by this Code, of the consolidated
primary, the election authority shall deliver
an original certificate of results to each local election official, with
respect to whose political subdivisions nominations were made at such primary,
for each precinct in his jurisdiction in which such nominations were on
the ballot. Such original certificate of results need not include any offices
or nominations for any other political subdivisions.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-56.1
(10 ILCS 5/7-56.1) (from Ch. 46, par. 7-56.1)
Sec. 7-56.1.
The county clerk or board of election commissioners shall, upon request,
and by mail if so requested, furnish free of charge to any candidate for
State office, including State Senator and Representative in the General
Assembly, whose name appeared upon the primary ballot within the
jurisdiction of the county clerk or board of election commissioners, a copy
of the abstract of votes by precinct for all candidates for the office for
which such person was a candidate. Such abstract shall be furnished no
later than 2 days after the receipt of the request or 8 days after the
completing of the canvass, whichever is later.
(Source: P.A. 78-775.)
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10 ILCS 5/7-56.2
(10 ILCS 5/7-56.2) (from Ch. 46, par. 7-56.2)
Sec. 7-56.2.
The provisions of this Article 7 governing the conduct of
primaries for the nomination of officers of units of local government at
the consolidated primary of odd numbered years, shall also govern the conduct
of those municipal primaries held in even numbered years 6 weeks before
the date of the general primary election pursuant to Article 2A of this
Code. In applying the provisions of this Article to those even numbered
year municipal elections, references to the "election" shall be construed
to refer to the municipal election to be held on the day of the general
primary, and references to the "consolidated primary" shall be construed
to refer to the municipal primary of the even numbered year.
(Source: P.A. 80-1469.)
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10 ILCS 5/7-57
(10 ILCS 5/7-57) (from Ch. 46, par. 7-57)
Sec. 7-57.
The death of any candidate prior to, or on, the date of the
primary shall not affect the canvass of the ballots. If the result of such
canvass discloses that such candidate, if he had lived, would have been
nominated, such candidate shall be declared nominated.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/7-58
(10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
Sec. 7-58. Each county clerk or board of election
commissioners shall, upon completion of the
canvassing of the returns, make and transmit to the State Board of
Elections and to each election authority whose duty it is to print the
official ballot for the election for which the nomination is made a
proclamation of the results of the primary. The proclamation shall state
the name of each candidate of each political party so
nominated or elected, as shown by the returns, together with the name of
the office for which he or she was nominated or elected, including precinct,
township and ward committeepersons, and including in the case of the State
Board of Elections, candidates for State central committeepersons, and
delegates and alternate delegates to National nominating conventions. If
a notice of contest is filed, the election authority shall, within one
business day after receiving a certified copy of the court's judgment or
order, amend its proclamation accordingly and proceed to file an amended
proclamation with the appropriate election authorities and with the State
Board of Elections.
The State Board of Elections shall issue a certificate of
election to each of the persons shown by the returns and the
proclamation thereof to be elected State central committeepersons, and
delegates and alternate delegates to National nominating conventions;
and the county clerk shall issue a certificate of election to each
person shown by the returns to be elected precinct, township or ward committeeperson. The certificate issued to such precinct committeeperson shall
state the number of ballots voted in his or her precinct by the primary
electors of his or her party at the primary at which he or she was elected. The
certificate issued to such township committeeperson shall state the number
of ballots voted in his or her township or part of a township, as the case may
be, by the primary electors of his or her party at the primary at which he or she was
elected. The certificate issued to such ward committeeperson shall state
the number of ballots voted in his or her ward by the primary electors of his or her
party at the primary at which he or she was elected.
(Source: P.A. 100-1027, eff. 1-1-19; 101-81, eff. 7-12-19.)
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10 ILCS 5/7-59
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
Sec. 7-59. (a) The person receiving the highest number of votes at a
primary as a candidate of a party for the nomination for an office shall
be the candidate of that party for such office, and his name as such
candidate shall be placed on the official ballot at the election then
next ensuing; provided that where there are 2 or more persons to be
nominated for the same office or board, the requisite number of persons
receiving the highest number of votes shall be nominated, and their names
shall be placed on the official ballot at the following election.
Except as otherwise provided by Section 7-8 of this Code, the
person receiving the highest number of votes of his party for
State central committeeperson of his congressional district shall be
declared elected State central committeeperson from said congressional
district.
Unless a national political party specifies that delegates and
alternate delegates to a National nominating convention be allocated by
proportional selection representation according to the results of a
Presidential preference primary, the requisite number of persons
receiving the highest number of votes of their party for delegates and
alternate delegates to National nominating conventions from the State at
large, and the requisite number of persons receiving the highest number of
votes of their party for delegates and alternate delegates to National
nominating conventions in their respective congressional districts shall be
declared elected delegates and alternate delegates to the National
nominating conventions of their party.
A political party which elects the members to its State Central Committee
by Alternative B under paragraph (a) of Section 7-8 shall select its
congressional district delegates and alternate delegates to its national
nominating convention by proportional selection representation according to
the results of a Presidential preference primary in each congressional
district in the manner provided by the rules of the national political
party and the State Central Committee, when the rules and policies of the
national political party so require.
A political party which elects the members to its State Central Committee
by Alternative B under paragraph (a) of Section 7-8 shall select its
at large delegates and alternate delegates to its national
nominating convention by proportional selection representation according to
the results of a Presidential preference primary in the whole State in the
manner provided by the rules of the national political party and the State
Central Committee, when the rules and policies of the national political
party so require.
The person receiving the highest number of votes of his party for
precinct committeeperson of his precinct shall be declared elected precinct committeeperson
from said precinct.
The person receiving the highest number of votes of his party for
township committeeperson of his township or part of a township as the case
may be, shall be declared elected township committeeperson from said
township or part of a township as the case may be. In cities where ward committeepersons
are elected, the person receiving the highest number of
votes of his party for ward committeeperson of his ward shall be declared
elected ward committeeperson from said ward.
When 2 or more persons receive an equal and the highest number of
votes for the nomination for the same office or for committeeperson of the
same political party, or where more than one person of the same
political party is to be nominated as a candidate for office or committeeperson, if it appears that more than the number of persons to be
nominated for an office or elected committeeperson have the highest and an
equal number of votes for the nomination for the same office or for
election as committeeperson, the election authority by which the returns of the primary
are canvassed shall decide by lot which of said persons shall be
nominated or elected, as the case may be. In such case the election authority shall issue notice in writing to such persons of such tie vote
stating therein the place, the day (which shall not be more than 5 days thereafter) and the hour when such nomination or election shall
be so determined.
(b) Except as otherwise provided in this Code, write-in votes shall be counted only for persons who have filed
notarized declarations of intent to be write-in candidates with the proper
election authority or authorities not later than 61 days prior to
the primary. However, whenever an objection to a candidate's nominating papers or petitions for any office is sustained under Section 10-10 after the 61st day before the election, then write-in votes shall be counted for that candidate if he or she has filed a notarized declaration of intent to be a write-in candidate for that office with the proper election authority or authorities not later than 7 days prior to the election.
Forms for the declaration of intent to be a write-in candidate shall be
supplied by the election authorities. Such declaration shall specify the
office for which the person seeks nomination or election as a write-in
candidate.
The election authority or authorities shall deliver a list of all persons
who have filed such declarations to the election judges in the appropriate
precincts prior to the primary.
(c) (1) Notwithstanding any other provisions of this Section, where
the number of candidates whose names have been printed on a party's
ballot for nomination for or election to an office at a primary is less
than the number of persons the party is entitled to nominate for or elect
to the office at the primary, a person whose name was not printed on the
party's primary ballot as a candidate for nomination for or election to the
office, is not nominated for or elected to that office as a result of a
write-in vote at the primary unless the number of votes he received equals
or exceeds the number of signatures required on a petition for nomination
for that office; or unless the number of votes he receives exceeds the
number of votes received by at least one of the candidates whose names were
printed on the primary ballot for nomination for or election to the same
office.
(2) Paragraph (1) of this subsection does not apply where the number
of candidates whose names have been printed on the party's ballot for
nomination for or election to the office at the primary equals or exceeds
the number of persons the party is entitled to nominate for or elect to the
office at the primary.
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.)
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10 ILCS 5/7-60
(10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
Sec. 7-60. Not less than 74 days before the date of the general
election, the State Board of Elections shall certify to the county clerks
the names of each of the candidates who have been nominated as shown by the
proclamation of the State Board of Elections as a canvassing board or who
have been nominated to fill a vacancy in nomination and direct the election
authority to place upon the official ballot for the general election the
names of such candidates in the same manner and in the same order as shown
upon the certification, except as otherwise provided in this Code.
Except as otherwise provided in this Code, not less than 68 days before the date of the general election, each
county clerk shall certify the names of each of the candidates for county
offices who have been nominated as shown by the proclamation of the county
election authority or who have been nominated to fill a vacancy in nomination
and declare that the names of such candidates for the respective offices
shall be placed upon the official ballot for the general election in the
same manner and in the same order as shown upon the certification, except
as otherwise provided by this Section. Each county clerk shall place a
copy of the certification on file in his or her office and at the same
time issue to the State Board of Elections a copy of such certification.
In addition, each county clerk in whose county there is a board of election
commissioners shall, not less than 68 days before the date of the general
election, issue to such board a copy of the certification that has been
filed in the county clerk's office, together with a copy of the
certification that has been issued to the clerk by the State Board of
Elections, with directions to the board of election commissioners to place
upon the official ballot for the general election in that election
jurisdiction the names of all candidates that are listed on such
certifications, in the same manner and in the same order as shown upon such
certifications, except as otherwise provided in this Section.
Whenever there are two or more persons nominated by the same political
party for multiple offices for any board, the name of the candidate of such
party receiving the highest number of votes in the primary election as a
candidate for such office, as shown by the official election returns of the
primary, shall be certified first under the name of such offices, and the
names of the remaining candidates of such party for such offices shall
follow in the order of the number of votes received by them respectively at
the primary election as shown by the official election results.
No person who is shown by the final
proclamation to have
been nominated or elected at the primary as a write-in candidate shall have his or her
name certified unless such person shall have filed with the certifying
office or board within 10 days after the election authority's proclamation
a statement of candidacy pursuant to Section 7-10, a statement pursuant
to Section 7-10.1, and a receipt for the filing of a statement of economic interests in relation to the unit of government to which he or she has been elected or nominated.
Each county clerk and board of election commissioners shall determine
by a fair and impartial method of random selection the order of placement
of established political party candidates for the general election ballot.
Such determination shall be made within 30 days following the canvass and proclamation
of the results of the general primary
in the office of the county clerk or board of election commissioners and
shall be open to the public. Seven days written notice of the time and place
of conducting such random selection shall be given, by each such election
authority, to the County Chair of each established political party, and
to each organization of citizens within the election jurisdiction which
was entitled, under this Article, at the next preceding election, to have
pollwatchers present on the day of election. Each election authority shall
post in a conspicuous, open and public place, at the entrance of the election
authority office, notice of the time and place of such lottery. However,
a board of election commissioners may elect to place established political
party candidates on the general election ballot in the same order determined
by the county clerk of the county in which the city under the jurisdiction
of such board is located.
Each certification shall indicate, where applicable, the following:
(1) The political party affiliation of the candidates | | for the respective offices;
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(2) If there is to be more than one candidate elected
| | to an office from the State, political subdivision or district;
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(3) If the voter has the right to vote for more than
| | one candidate for an office;
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(4) The term of office, if a vacancy is to be filled
| | for less than a full term or if the offices to be filled in a political subdivision are for different terms.
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The State Board of Elections or the county clerk, as the case may be,
shall issue an amended certification whenever it is discovered that the
original certification is in error.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/7-60.1
(10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
Sec. 7-60.1. Certification of candidates - consolidated election.
Each local election official of a political subdivision in which candidates
for the respective local offices are nominated at the consolidated primary
shall, no later than 5 days following the canvass and proclamation of the
results of the consolidated primary, certify to each election authority
whose duty it is to prepare the official ballot for the consolidated
election in that political subdivision the names of each of the candidates
who have been nominated as shown by the proclamation of the appropriate election authority or who have been nominated to fill a vacancy in nomination
and direct the election authority to place upon the official ballot for the
consolidated election the names of such candidates in the same manner and
in the same order as shown upon the certification, except as otherwise
provided by this Section.
Whenever there are two or more persons nominated by the same political
party for multiple offices for any board, the name of the candidate of such
party receiving the highest number of votes in the consolidated primary
election as a candidate for such consolidated primary, shall be certified
first under the name of such office, and the names of the remaining
candidates of such party for such offices shall follow in the order of the
number of votes received by them respectively at the consolidated primary
election as shown by the official election results.
No person who is shown by the election authority's proclamation to have
been nominated at the consolidated primary as a write-in candidate shall
have his or her name certified unless such person shall have filed with the
certifying office or board within 5 days after the election authority's
proclamation a statement of candidacy pursuant to Section 7-10 and a
statement pursuant to Section 7-10.1.
Each board of election commissioners of the cities in which established
political party candidates for city offices are nominated at the
consolidated primary shall determine by a fair and impartial method of
random selection the order of placement of the established political party
candidates for the consolidated ballot. Such determination shall be made
within 5 days following the canvass and proclamation of the results of the
consolidated primary and shall be open to the public. Three days written
notice of the time and place of conducting such random selection shall be
given, by each such election authority, to the County Chair of each
established political party, and to each organization of citizens within
the election jurisdiction which was entitled, under this Article, at the
next preceding election, to have pollwatchers present on the day of
election. Each election authority shall post in a conspicuous, open and
public place, at the entrance of the election authority office, notice of
the time and place of such lottery.
Each local election official of a political subdivision in which
established political party candidates for the respective local offices are
nominated by primary shall determine by a fair and impartial method of
random selection the order of placement of the established political party
candidates for the consolidated election ballot and, in the case of certain
municipalities having annual elections, on the general primary ballot for
election. Such determination shall be made prior to the canvass and
proclamation of results of the consolidated primary or special municipal
primary, as the case may be, in the office of the local election official and
shall be open to the public. Three days written notice of the time and
place of conducting such random selection shall be given, by each such
local election official, to the County Chair of each established
political party, and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the next preceding
election, to have pollwatchers present on the day of election. Each local
election official shall post in a conspicuous, open and public place notice of
such lottery. Immediately thereafter, the local election official shall
certify the ballot placement order so determined to the proper election
authorities charged with the preparation of the consolidated election, or
general primary,
ballot for that political subdivision.
Not less than 68 days before the date of the consolidated election, each
local election official of a political subdivision in which established
political party candidates for the respective local offices have been
nominated by caucus or have been nominated because no primary was required
to be held shall certify to each election authority whose duty it is to
prepare the official ballot for the consolidated election in that political
subdivision the names of each of the candidates whose certificates of
nomination or nomination papers have been filed in his or her office and
direct the election authority to place upon the official ballot for the
consolidated election the names of such candidates in the same manner and
in the same order as shown upon the certification. Such local election
official shall, prior to certification, determine by a fair and impartial
method of random selection the order of placement of the established
political party candidates for the consolidated election ballot. Such
determination shall be made in the office of the local election official
and shall be open to the public. Three days written notice of the time and
place of conducting such random selection shall be given by each such local
election official to the county chair of each established political
party, and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the next preceding
election, to have pollwatchers present on the day of election. Each local
election official shall post in a conspicuous, open and public place, at the
entrance of the office, notice of the time and place of such lottery. The
local election official shall certify the ballot placement order so
determined as part of his official certification of candidates to the
election authorities whose duty it is to prepare the official ballot for
the consolidated election in that political subdivision.
The certification shall indicate, where applicable, the following:
(1) The political party affiliation of the candidates | | for the respective offices;
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(2) If there is to be more than one candidate elected
| | or nominated to an office from the State, political subdivision or district;
|
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(3) If the voter has the right to vote for more than
| | one candidate for an office;
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(4) The term of office, if a vacancy is to be filled
| | for less than a full term or if the offices to be filled in a political subdivision or district are for different terms.
|
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The local election official shall issue an amended certification whenever
it is discovered that the original certification is in error.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/7-61 (10 ILCS 5/7-61) (from Ch. 46, par. 7-61) Sec. 7-61. Whenever a special election is necessary, the provisions of this Article are applicable to the nomination of candidates to be voted for at such special election. In cases where a primary election is required, the officer or board or commission whose duty it is under the provisions of this Code relating to general elections to call an election shall fix a date for the primary for the nomination of candidates to be voted for at such special election. Notice of such primary shall be given at least 15 days prior to the maximum time provided for the filing of petitions for such a primary as provided in Section 7-12. Any vacancy in nomination under the provisions of this Article 7 occurring on or after the primary and prior to certification of candidates by the certifying board or officer must be filled prior to the date of certification. Any vacancy in nomination occurring after certification but prior to 15 days before the general election shall be filled within 8 days after the event creating the vacancy. The resolution filling the vacancy shall be sent by U. S. mail or personal delivery to the certifying officer or board within 3 days of the action by which the vacancy was filled; provided, if such resolution is sent by mail and the U. S. postmark on the envelope containing such resolution is dated prior to the expiration of such 3-day limit, the resolution shall be deemed filed within such 3-day limit. Failure to so transmit the resolution within the time specified in this Section shall authorize the certifying officer or board to certify the original candidate. Vacancies shall be filled by the officers of a local municipal or township political party as specified in subsection (h) of Section 7-8, other than a statewide political party, that is established only within a municipality or township and the managing committee (or legislative committee in case of a candidate for State Senator or representative committee in the case of a candidate for State Representative in the General Assembly or State central committee in the case of a candidate for statewide office, including, but not limited to, the office of United States Senator) of the respective political party for the territorial area in which such vacancy occurs. The resolution to fill a vacancy in nomination shall be duly acknowledged before an officer qualified to take acknowledgments of deeds and shall include, upon its face, the following information: (a) the name of the original nominee and the office | | (b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to
| | fill the vacancy and the date of selection.
|
| The resolution to fill a vacancy in nomination shall be accompanied by a Statement of Candidacy, as prescribed in Section 7-10, completed by the selected nominee and a receipt indicating that such nominee has filed a statement of economic interests as required by the Illinois Governmental Ethics Act.
The provisions of Section 10-8 through 10-10.1 relating to objections to certificates of nomination and nomination papers, hearings on objections, and judicial review, shall apply to and govern objections to resolutions for filling a vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before the consolidated election or the general election shall not be filled. In this event, the certification of the original candidate shall stand and his name shall appear on the official ballot to be voted at the general election.
A vacancy in nomination occurs when a candidate who has been nominated under the provisions of this Article 7 dies before the election (whether death occurs prior to, on or after the day of the primary), or declines the nomination; provided that nominations may become vacant for other reasons.
If the name of no established political party candidate was printed on the consolidated primary ballot for a particular office and if no person was nominated as a write-in candidate for such office, a vacancy in nomination shall be created which may be filled in accordance with the requirements of this Section. Except as otherwise provided in this Code, if the name of no established political party candidate was printed on the general primary ballot for an office nominated under this Article and if no person was nominated as a write-in candidate for such office, a vacancy in nomination shall be filled only by a person designated by the appropriate committee of the political party and only if that designated person files nominating petitions with the number of signatures required for an established party candidate for that office within 75 days after the day of the general primary. The circulation period for those petitions begins on the day the appropriate committee designates that person. The person shall file his or her nominating petitions, statements of candidacy, notice of appointment by the appropriate committee, and receipt of filing his or her statement of economic interests together. These documents shall be filed at the same location as provided in Section 7-12. The electoral boards having jurisdiction under Section 10-9 to hear and pass upon objections to nominating petitions also shall hear and pass upon objections to nomination petitions filed by candidates under this paragraph.
A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated for his or her nomination at such primary election, is ineligible to be listed on the ballot at that general or consolidated election as a candidate of another political party.
A candidate seeking election to an office for which candidates of political parties are nominated by caucus who is a participant in the caucus and who is defeated for his or her nomination at such caucus is ineligible to be listed on the ballot at that general or consolidated election as a candidate of another political party.
In the proceedings to nominate a candidate to fill a vacancy or to fill a vacancy in the nomination, each precinct, township, ward, county, or congressional district, as the case may be, shall, through its representative on such central or managing committee, be entitled to one vote for each ballot voted in such precinct, township, ward, county, or congressional district, as the case may be, by the primary electors of its party at the primary election immediately preceding the meeting at which such vacancy is to be filled.
For purposes of this Section, the words "certify" and "certification" shall refer to the act of officially declaring the names of candidates entitled to be printed upon the official ballot at an election and directing election authorities to place the names of such candidates upon the official ballot. "Certifying officers or board" shall refer to the local election official, the election authority, or the State Board of Elections, as the case may be, with whom nomination papers, including certificates of nomination and resolutions to fill vacancies in nomination, are filed and whose duty it is to certify candidates.
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23; 103-586, eff. 5-3-24.)
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10 ILCS 5/7-62
(10 ILCS 5/7-62) (from Ch. 46, par. 7-62)
Sec. 7-62.
In cities having a board of election commissioners, the duties
herein imposed upon the county, city, incorporated town or village clerk,
as the case may be, shall be discharged by the board of election
commissioners in the same manner, as near as may be, and to the same extent
and with like effect that the similar duties imposed by this Article are
discharged by the county, city, incorporated town or village clerk, as the
case may be; and the ballots for the nomination of all candidates to be
voted for in such city shall be printed by the board of election
commissioners and the returns of the primary held in such city shall be
made to such board of election commissioners.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/7-63
(10 ILCS 5/7-63) (from Ch. 46, par. 7-63)
Sec. 7-63. Any candidate whose name appears upon the primary ballot of any
political party may contest the election of the candidate or candidates
nominated for the office for which he or she was a candidate by his or her
political party, upon the face of the returns, by filing with the clerk of the
circuit court a petition in writing, setting forth the grounds of
contest, which petition shall be verified by the affidavit of the
petitioner or other person, and which petition shall be filed within 10
days after the completion of the canvass of the returns by the election authority making the final canvass of returns. The contestant
shall also file with that election authority (and if for the nomination
for an office, certified tabulated statements of the returns of which
are to be filed with the State Board of Elections, also with the election authorities in whose jurisdiction the
election was held), a notice of the pendency of the contest.
If the contest relates to an office involving more than one county,
the venue of the contest is (a) in the county in which the alleged
grounds of the contest exist or (b) if grounds for the contest are
alleged to exist in more than one county, then in any of those counties
or in the county in which any defendant resides.
Authority and jurisdiction are hereby vested in the circuit
court, to hear and determine primary contests. When a
petition to contest a primary is filed in the office of the clerk
of the court, the petition shall forthwith be presented to a judge
thereof, who shall note thereon the date of presentation, and shall note
thereon the day when the petition will be heard,
which shall not be more than 10 days thereafter.
Summons shall forthwith issue to each defendant named in the petition
and shall be served for the same manner as is provided for other civil
cases. Summons may be issued and served in any county in the State. The
case may be heard and determined by the circuit court at any time not
less than 5 days after service of process, and shall have preference in
the order of hearing to all other cases. The petitioner shall give
security for all costs.
Any defendant may file a counterclaim in the same manner as in
other civil cases.
The court shall
ascertain and declare by a judgment to be entered of record, the result
of such election. The judgment of the court shall be
appealable as in other civil cases. A certified copy of the judgment
shall forthwith be made by the clerk of the court and transmitted to the
election authority canvassing the returns for such office, and in case of contest, if
for nomination for an office, tabulated statements of returns for which
are filed with the State Board of Elections, also in the office of the election
authorities having jurisdiction. The proper election authority or authorities, as the case may be, shall correct the returns or the tabulated
statement of returns in accordance with the judgment.
(Source: P.A. 94-647, eff. 1-1-06.)
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10 ILCS 5/7-64
(10 ILCS 5/7-64) (from Ch. 46, par. 7-64)
Sec. 7-64.
Nothing in this article contained shall be construed to prevent
the nomination of independent candidates by petition, as is now or may
hereafter be provided by this Act or any other law.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/7-65
(10 ILCS 5/7-65) (from Ch. 46, par. 7-65)
Sec. 7-65.
The invalidity of any portion of this Article 7 shall not affect
the validity of any other portion hereof, which can be given effect without
such invalid part.
(Source: Laws 1943, vol. 2, p. 253 .)
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10 ILCS 5/7-66
(10 ILCS 5/7-66)
Sec. 7-66.
Precinct tabulation optical scan technology voting equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 7, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 89-394, eff. 1-1-97.)
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10 ILCS 5/7-67 (10 ILCS 5/7-67) Sec. 7-67. Nominations; regional superintendents of schools. (a) Notwithstanding any provision of law to the contrary, this Section shall apply only to the making of nominations for established party candidates for regional superintendent of schools in the 2014 general primary election. (b) A candidate's petition for nomination must contain at least 200 signatures or the number of signatures equal to 0.5% of the primary electors of his or her party in the territory comprising the county or counties, whichever is less. For purposes of this subsection, the number of primary electors shall be determined by taking the total votes cast in the applicable district for the candidate for that political party who received the highest number of votes, statewide, at the last general election in the State at which electors for President of the United States were elected. (c) Petitions for nomination for regional superintendent of schools shall be filed no earlier than December 16, 2013, and no later than December 23, 2013. (d) Petitions for single-county districts shall be filed with the county election authority. Petitions for multi-county districts shall be filed with the State Board of Elections. Signatures and circulator statements on petitions for nomination filed with the State Board of Elections or county election authority during the filing period for nominations shall not be deemed invalid for the sole reason that the petitions were circulated between 90 and 111 days before the last day for filing petitions. (e) In the case of a conflict between the provisions of this Section and any other provision of this Code, the provisions of this Section shall control.
(Source: P.A. 98-594, eff. 11-15-13.) |
10 ILCS 5/7-68 (10 ILCS 5/7-68) Sec. 7-68. Nominations for special election for Attorney General, Secretary of State, Comptroller, or Treasurer. (a) Whenever a special election for the office of Attorney General, Secretary of State, Comptroller, or Treasurer is to be held pursuant to Section 25-5 of this Code, nominations shall be made and any vacancy in nomination shall be filled pursuant to this Section. (1) If the vacancy in office or failure to qualify | | for the office occurs before the first date provided in Section 7-12 for filing nomination papers for the primary in the next even-numbered year following the commencement of the term, the nominations for the special election shall be made as otherwise provided in this Article 7. The nomination for the office to be filled by special election shall appear on the regular ballot at the primary election, and shall not require the use of a separate ballot.
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| (2) If the vacancy in office or failure to qualify
| | occurs on or after the first day provided in Section 7-12 for filing nomination papers for the primary in the next even-numbered year following the commencement of the term, a vacancy in nomination shall be deemed to have occurred and the State central committee of each established political party shall nominate, by resolution, a candidate to fill such vacancy in nomination for the election to such office at such general election.
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| The resolution to fill the vacancy in nomination
| | shall include the following information:
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| (A) the names of the original office holder and
| | (B) the date on which the vacancy in nomination
| | (C) the name and address of the nominee selected
| | to fill the vacancy in nomination and the date of selection.
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| The resolution to fill the vacancy in nomination
| | shall be accompanied by a Statement of Candidacy, as prescribed in Section 7-10, completed by the selected nominee and a receipt indicating that such nominee has filed a statement of economic interests as required by the Illinois Governmental Ethics Act.
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| (b) Any vacancy in nomination occurring on or after the primary and prior to certification must be filled prior to the date of certification. Any vacancy in nomination occurring after certification but prior to 15 days before the general election shall be filled within 8 days after the event creating the vacancy in nomination.
(c) The provisions of Sections 10-8 through 10-10.1 relating to objections to nomination papers, hearings on objections and judicial review, shall also apply to and govern objections to nomination papers and resolutions for filling vacancies in nomination filed pursuant to this Section.
(d) Unless otherwise specified herein, the nomination and special election provided for in this Section shall be governed by this Code.
(Source: P.A. 98-1170, eff. 1-12-15.)
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10 ILCS 5/7-100
(10 ILCS 5/7-100)
Sec. 7-100. Definition of a vote.
(a) Notwithstanding any law to the contrary, for the purpose of this
Article, a person casts a valid vote on a punch card ballot when:
(1) A chad on the card has at least one corner | |
(2) The fibers of paper on at least one edge of the
| | chad are broken in a way that permits unimpeded light to be seen through the card; or
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(3) An indentation on the chad from the stylus or
| | other object is present and indicates a clearly ascertainable intent of the voter to vote based on the totality of the circumstances, including but not limited to any pattern or frequency of indentations on other ballot positions from the same ballot card.
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(b) Write-in votes shall be counted in a manner consistent with the existing
provisions of this Code.
(c) For purposes of this Section, a "chad" is that portion of a ballot card
that a voter punches or perforates with a stylus or other designated marking
device to manifest his or her vote for a particular ballot position on a ballot
card as defined in subsection (a).
(d) Prior to the original counting of any punch card ballots, an election judge may not alter a punch card ballot in any manner, including, but not limited to, the removal or manipulation of chads.
(Source: P.A. 94-645, eff. 8-22-05.)
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10 ILCS 5/Art. 7A
(10 ILCS 5/Art. 7A heading)
ARTICLE 7A.
JUDGES' DECLARATION OF
INTENT TO SEEK RETENTION IN OFFICE
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10 ILCS 5/7A-1
(10 ILCS 5/7A-1) (from Ch. 46, par. 7A-1)
Sec. 7A-1.
Any Supreme, Appellate or Circuit Judge who has been elected
to that office and who seeks to be retained in that office under subsection
(d) of Section 12 of Article VI of the Constitution shall file a declaration
of candidacy to succeed himself in the office of the Secretary of State
not less than 6 months before the general election preceding
the expiration of his term of office. Within 3 business days thereafter,
the Secretary of State shall certify to the State Board of Elections the
names of all incumbent judges who were eligible to stand for retention at
the next general election but failed to timely file a declaration of
candidacy to succeed themselves in office or, having timely filed such a
declaration, withdrew it. The State Board of Elections may rely upon the
certification from the Secretary of State (a) to determine when vacancies
in judicial office exist and (b) to determine the judicial positions for
which elections will be held. The Secretary of State, not less
than 63 days before the election, shall certify the Judge's candidacy to
the proper election officials. The names of Judges seeking retention shall
be submitted to the electors, separately and without party designation,
on the sole question whether each Judge shall be retained in office for
another term. The retention elections shall be conducted at general elections
in the appropriate Judicial District, for Supreme and Appellate Judges,
and in the circuit for Circuit Judges. The affirmative vote of three-fifths
of the electors voting on the question shall elect the Judge to the office
for a term commencing on the first Monday in December following his election.
Upon certification of a Judge's candidacy for retention by the Secretary of State, the judicial candidate may file a written request with the Secretary of State for redaction of the judicial candidate's home address information from the candidate's declaration of candidacy for retention. After receipt of the candidate's written request, the Secretary of State shall redact or cause redaction of the judicial candidate's home address from the candidate's declaration of candidacy for retention within 5 business days. For the purposes of this subsection, "home address" has the meaning as defined in Section 1-10 of the Judicial Privacy Act. (Source: P.A. 96-886, eff. 1-1-11; 97-847, eff. 9-22-12 .)
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10 ILCS 5/Art. 8
(10 ILCS 5/Art. 8 heading)
ARTICLE 8.
NOMINATIONS OF MEMBERS OF THE GENERAL ASSEMBLY
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10 ILCS 5/8-1
(10 ILCS 5/8-1) (from Ch. 46, par. 8-1)
Sec. 8-1.
The nomination of all candidates for members of the General Assembly by
all political parties as defined in Section 8-2 of this article shall be
made in the manner provided in this article 8 and not otherwise.
The name of no person, nominated by a party required hereunder to make
nominations of candidates for members of the General Assembly shall be
placed upon the official ballot to be voted at the general election
as a candidate unless such person shall have
been nominated for such office under the provisions of this article 8.
(Source: P.A. 82-750.)
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10 ILCS 5/8-2
(10 ILCS 5/8-2) (from Ch. 46, par. 8-2)
Sec. 8-2.
The term "political party" as used in this article shall mean a
political party which, at the next preceding election for governor, polled
at least five per cent of the entire vote cast in the State; Provided, that
no political organization or group shall be qualified as a political party
hereunder, or given a place on a ballot, which organization or group is
associated, directly or indirectly, with Communist, Fascist, Nazi or other
un-American principles and engages in activities or propaganda designed to
teach subservience to the political principles and ideals of foreign
nations or the overthrow by violence of the established constitutional form
of government of the United States and the State of Illinois.
(Source: Laws 1943, vol. 2, p. 1.)
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10 ILCS 5/8-3
(10 ILCS 5/8-3) (from Ch. 46, par. 8-3)
Sec. 8-3.
The following words and phrases in this article
shall, unless the same be inconsistent with the context, be construed as follows:
(1) The terms "legislative office",
"legislative officer" or "legislator" shall mean a State Senator
or Representative in the General Assembly.
(2) The term "legislative district" shall mean the territorial area
from which a State Senator is to be elected.
(3) The term "representative district" shall mean the territorial area
from which a Representative in the General Assembly is to be elected.
(Source: P.A. 82-750.)
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10 ILCS 5/8-4
(10 ILCS 5/8-4) (from Ch. 46, par. 8-4)
Sec. 8-4. The nomination of candidates for
legislative offices shall be made at the general primary election.
(Source: P.A. 95-6, eff. 6-20-07.)
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10 ILCS 5/8-5
(10 ILCS 5/8-5) (from Ch. 46, par. 8-5)
Sec. 8-5. Legislative committees; representative committees. There shall be constituted one legislative committee for each
political party in each legislative district and one representative committee
for each political party in each representative district. Legislative and
representative committees shall be composed as follows:
In legislative or representative districts within or including a portion
of any county containing 2,000,000 or more inhabitants, the legislative
or representative committee of a
political party shall consist of the committeepersons of such party
representing each township or ward of such county any portion of which
township or ward is included within such legislative or representative
district and the chair
of each county central committee of such party of any county
containing less than 2,000,000 inhabitants any portion of which county
is included within such legislative or representative district.
In the remainder of the State, the legislative or representative committee
of a political
party shall consist of the chair of each county central committee of
such party, any portion of which county is included within such
legislative or representative district; but if a legislative or representative
district comprises only one
county, or part of a county, its legislative or representative committee
shall consist of
the chair of the county central committee and 2 members of the county
central committee appointed by the chair of the county central committee.
Within 180 days after the primary of the even-numbered year immediately
following the decennial redistricting required by Section 3 of Article IV
of the Illinois Constitution of 1970, the ward committeepersons, township committeepersons
or chairmen of county central committees within each of the
redistricted legislative and representative districts shall meet and
proceed to organize by electing from among their own number a chair and,
either from among their own number or otherwise, such other officers as
they may deem necessary or expedient. The ward committeepersons, township committeepersons
or chairmen of county central committees shall determine the
time and place (which shall be in the limits of such district) of such
meeting. Immediately upon completion of organization, the chair shall
forward to the State Board of Elections the names and addresses of the chair
and secretary of the committee. A vacancy shall occur when a
member dies, resigns or ceases to reside in the county, township or ward
which he represented.
Within 180 days after the primary of each other even-numbered year, each
legislative committee and representative committee shall meet and proceed
to organize by electing from among its own number a chair, and either
from its own number or otherwise, such other officers as each committee
may deem necessary or expedient. Immediately upon completion of
organization, the chair shall forward to the State Board of
Elections, the names and addresses of the chair and secretary of the
committee. The outgoing chair of such committee shall notify the
members of the time and place (which shall be in the limits of such
district) of such meeting. A vacancy shall occur when a member dies,
resigns, or ceases to reside in the county, township or ward, which he
represented.
If any change is made in the boundaries of any precinct, township or
ward, the committeeperson previously elected therefrom shall continue to
serve, as if no boundary change had occurred, for the purpose of acting
as a member of a legislative or representative committee until his successor
is elected or appointed.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/8-6
(10 ILCS 5/8-6) (from Ch. 46, par. 8-6)
Sec. 8-6.
In legislative or representative districts wholly contained
within counties having 2,000,000
or more inhabitants each member of each legislative or representative
committee shall in its
organization and proceedings be entitled to
one vote for each ballot voted in that portion of his township or ward in
the legislative or representative district by the primary electors of
his party at the last
primary at which members of the General Assembly were nominated. If a portion
of the legislative or representative district is within a county containing
2,000,000 or more inhabitants then each legislative or representative
committee member shall be entitled to vote as follows: (a) in the portion
of the district lying within a county of 2,000,000 or more inhabitants,
each committeeperson shall be entitled to one vote for each ballot voted in
that portion of his township or ward in the legislative or representative
district by primary electors of his party at the last primary at which
township or ward committeepersons were elected; (b) in the portion of the
district lying outside a county of 2,000,000 or more inhabitants, each chair
of a county central committee shall be entitled to one vote for
each ballot voted in that portion of his county in the legislative or
representative district by the primary electors of his party at the last
primary at which members of the General Assembly were nominated. In the
remainder of the State, each member shall be entitled to cast one vote for
each ballot voted in that portion of his county in the legislative or
representative district by the primary electors of his party at the last
primary at which members of the General Assembly were nominated. However,
in counties under 2,000,000 population, if the legislative or
representative district comprises only one county, or part of a county,
each legislative or representative committee member shall be entitled to cast one vote.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/8-7
(10 ILCS 5/8-7) (from Ch. 46, par. 8-7)
Sec. 8-7.
The various political party committees now in existence are
hereby recognized and shall exercise the powers and perform the duties
herein prescribed until committeepersons are chosen, in accordance with the
provisions of this Article.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/8-8
(10 ILCS 5/8-8) (from Ch. 46, par. 8-8)
Sec. 8-8. Form of petition for nomination. The name of no candidate for nomination shall be printed
upon the primary ballot unless a petition for nomination shall have been
filed in his behalf as provided for in this Section. Each such petition
shall include as a part thereof the oath required by Section 7-10.1 of
this Code and a statement of candidacy by the candidate filing or in
whose behalf the petition is filed. This statement shall set out the
address of such candidate and the office for which he is a candidate; shall
state that the candidate is a qualified primary voter of the party to
which the petition relates, is qualified for the office specified, and
has filed a statement of economic interests as required by the Illinois
Governmental Ethics Act; shall request that the candidate's name be
placed upon the official ballot; and shall be subscribed and sworn by
such candidate before some officer authorized to take acknowledgment of
deeds in this State and may be in substantially the following form:
State of Illinois) ) ss. County ..........)
I, ...., being first duly sworn, say that I reside at .... street in
the city (or village of) .... in the county of .... State of Illinois;
that I am a qualified voter therein and am a qualified primary voter of
.... party; that I am a candidate for nomination to the office of ....
to be voted upon at the primary election to be held on (insert date);
that I am legally qualified to hold such office and
that I have filed a statement of economic interests as required by the
Illinois Governmental Ethics Act and I hereby request that my name be
printed upon the official primary ballot for nomination for such office.
Signed ....................
Subscribed and sworn to (or affirmed) before me by ...., who is to me
personally known, on (insert date).
Signed .... (Official Character)
(Seal if officer has one.)
The receipt issued by the Secretary of State indicating that the candidate has filed the statement of economic interests required by the Illinois Governmental Ethics Act must be filed with the petitions for nomination as provided in subsection (8) of Section 7-12 of this Code.
Except as otherwise provided in this Code, all petitions for nomination for the office of State Senator shall be signed
by at least 1,000 but not more than 3,000 of the qualified primary electors of
the candidate's party in his legislative district.
Except as otherwise provided in this Code, all petitions for nomination for the office of Representative in the General
Assembly shall be signed by at least 500 but not more than 1,500 of
the qualified primary electors of the candidate's party in his or her
representative district.
Opposite the signature of each qualified primary elector who signs a
petition for nomination for the office of State Representative or State
Senator such elector's residence address shall be written or printed. The
residence address required to be written or printed opposite each qualified
primary elector's name shall include the street address or rural route
number of the signer, as the case may be, as well as the signer's county
and city, village, or town.
For the purposes of this Section, the number of primary electors shall
be determined by taking the total vote cast, in the applicable district,
for the candidate for such political party who received the highest number
of votes, state-wide, at the last general election in the State at which
electors for President of the United States were elected.
A "qualified primary elector" of a party may not sign petitions for or be a
candidate in the primary of more than one party.
In the affidavit at the bottom of each sheet, the petition circulator,
who shall be a person 18 years of age or older who is a citizen of the United
States, shall state his or her street address or rural route
number, as the
case may be, as well as his or her county, city, village or
town, and state; and
shall certify that the signatures on that sheet of the petition were signed in
his or her presence; and shall certify that the signatures are genuine; and
shall certify
that, to the best of his or her knowledge and belief, the persons so signing were
at the time of signing the petition qualified primary voters for which the
nomination is sought.
In the affidavit at the bottom of each petition sheet, the petition
circulator shall (1) indicate the dates on which he or she
circulated that sheet, or (2) indicate the first and last dates on which
the sheet was circulated, or (3) for elections where the petition circulation period is 90 days, certify that none of the signatures on the
sheet were signed more than 90 days preceding the last day for the filing
of the petition, or (4) for the 2022 general primary election only, certify that the signatures on the sheet were signed during the period of January 13, 2022 through March 14, 2022 or certify that the signatures on the sheet were signed during the period of January 13, 2022 through the date on which this statement was sworn or affirmed to. No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 8-9 for the filing of such petition.
All petition sheets which are filed with the State Board of Elections shall
be the original sheets which have been signed by the voters and by the
circulator, and not photocopies or duplicates of such sheets.
The person circulating the petition, or the candidate on whose behalf
the petition is circulated, may strike any signature from the petition,
provided that:
(1) the person striking the signature shall initial | | the petition at the place where the signature is struck; and
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(2) the person striking the signature shall sign a
| | certification listing the page number and line number of each signature struck from the petition. Such certification shall be filed as a part of the petition.
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(Source: P.A. 102-15, eff. 6-17-21; 102-692, eff. 1-7-22; 103-154, eff. 6-30-23.)
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10 ILCS 5/8-8.1
(10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
Sec. 8-8.1. In the designation of the name of a candidate on a petition for
nomination, the candidate's given name or names, initial or initials, a
nickname by which the candidate is commonly known, or a combination
thereof, may be used in addition to the candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the petition for that office, then (i) the candidate's name on the petition must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the petition must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot or removing the candidate's name from the ballot, as appropriate, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage or civil union to assume a spouse's surname, or dissolution of marriage or civil union or declaration of invalidity of marriage or civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. No other
designation such as a political slogan, title, or degree, or nickname
suggesting or implying
possession of a title, degree or professional status, or similar information
may be used
in connection with the candidate's surname.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/8-9 (10 ILCS 5/8-9) (from Ch. 46, par. 8-9) Sec. 8-9. All petitions for nomination shall be filed by mail or in person as follows: (1) Where the nomination is made for a legislative | | office, such petition for nomination shall be filed in the principal office of the State Board of Elections not more than 141 and not less than 134 days prior to the date of the primary.
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| (2) The State Board of Elections shall, upon receipt
| | of each petition, endorse thereon the day and hour on which it was filed. Petitions filed by mail and received after midnight on the first day for filing and in the first mail delivery or pickup of that day, shall be deemed as filed as of 8:00 a.m. of that day or as of the normal opening hour of such day as the case may be, and all petitions received thereafter shall be deemed as filed in the order of actual receipt. However, 2 or more petitions filed within the last hour of the filing deadline shall be deemed to have been filed simultaneously. Where 2 or more petitions are received simultaneously, the State Board of Elections shall break ties and determine the order of filing, by means of a lottery as provided in Section 7-12 of this Code.
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| (3) Any person for whom a petition for nomination has
| | been filed, may cause his name to be withdrawn by a request in writing, signed by him, duly acknowledged before an officer qualified to take acknowledgments of deeds, and filed in the principal or permanent branch office of the State Board of Elections not later than the date of certification of candidates for the general primary ballot, and no names so withdrawn shall be certified by the State Board of Elections to the county clerk, or printed on the primary ballot. If petitions for nomination have been filed for the same person with respect to more than one political party, his name shall not be certified nor printed on the primary ballot of any party. If petitions for nomination have been filed for the same person for 2 or more offices which are incompatible so that the same person could not serve in more than one of such offices if elected, that person must withdraw as a candidate for all but one of such offices within the 5 business days following the last day for petition filing. If he fails to withdraw as a candidate for all but one of such offices within such time, his name shall not be certified, nor printed on the primary ballot, for any office. For the purpose of the foregoing provisions, an office in a political party is not incompatible with any other office.
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| (4) If multiple sets of nomination papers are filed
| | for a candidate to the same office, the State Board of Elections shall within 2 business days notify the candidate of his or her multiple petition filings and that the candidate has 3 business days after receipt of the notice to notify the State Board of Elections that he or she may cancel prior sets of petitions. If the candidate notifies the State Board of Elections the last set of petitions filed shall be the only petitions to be considered valid by the State Board of Elections. If the candidate fails to notify the State Board then only the first set of petitions filed shall be valid and all subsequent petitions shall be void.
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| (Source: P.A. 103-600, eff. 7-1-24.)
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10 ILCS 5/8-9.1
(10 ILCS 5/8-9.1) (from Ch. 46, par. 8-9.1)
Sec. 8-9.1.
The provisions of Sections 10-8 through 10-10.1 relating to
objections to certificates of nomination and nomination papers, hearings on
objections, and judicial review, shall also apply to and govern objections
to petitions for nomination filed under this Article.
(Source: Laws 1967, p. 597.)
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10 ILCS 5/8-10
(10 ILCS 5/8-10) (from Ch. 46, par. 8-10)
Sec. 8-10.
Except as otherwise provided in this Code, not less than 68 days prior to the date of the primary, the State Board
of Elections shall certify to the county clerk for each county, the names
of all candidates for legislative offices, as specified
in the petitions for
nominations on file in its office, which are to be voted for in such
county, stating in such certificates the political affiliation of each
candidate for nomination, as specified in the petitions. The State Board
of Elections shall, in its
certificate to the county clerk, certify to the county clerk the names of
the candidates in the order in which the names shall appear upon the
primary ballot, the names to appear in the order in which petitions have
been filed.
Not less than 62 days prior to the date of the primary, the county clerk
shall certify to the board of election commissioners if there be any such
board in his county, the names of all candidates so certified to him by the
State Board of Elections in the districts wholly or partly within the
jurisdiction of said board and in the order in which such names are
certified to him.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/8-11
(10 ILCS 5/8-11) (from Ch. 46, par. 8-11)
Sec. 8-11.
The county clerk of each county or the board of election commissioners,
as the case may be, shall prepare and cause to be printed the primary
ballot of each political party for each precinct in his respective county,
and the names of all candidates provided in this Article 8, which are
certified to the office of the county clerk by the electoral board, shall
be placed on the same ballot as candidates for other offices for
nominations to be voted for at the same primary election, properly
arranged, however, under the name of each office.
(Source: P.A. 82-750.)
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10 ILCS 5/8-12
(10 ILCS 5/8-12) (from Ch. 46, par. 8-12)
Sec. 8-12.
The State Board of Elections shall, in its certificate
to the county clerk,
certify to the county clerk the position which the names of candidates for
legislative offices shall occupy upon the primary ballot
with reference to
the position of candidates for other offices; provided that, where the
candidates on the primary ballot are listed in two or more columns,
legislative offices shall be the first offices listed
in the second column.
(Source: P.A. 82-750.)
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