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Sen. Laura M. Murphy
Filed: 5/5/2021
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1 | | AMENDMENT TO SENATE BILL 1785
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2 | | AMENDMENT NO. ______. Amend Senate Bill 1785 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Election Code is amended by changing |
5 | | Sections 1-3, 7-46, 7-52, 7-53, 7-56, 7-59, 16-3, 17-11, |
6 | | 17-18, 18-5, 18-9, 21-2, and 22-7 and by adding Article 22A as |
7 | | follows:
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8 | | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
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9 | | Sec. 1-3. As used in this Act, unless the context |
10 | | otherwise requires:
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11 | | 1. "Election" includes the submission of all questions of |
12 | | public
policy, propositions, and all measures submitted to |
13 | | popular vote, and
includes primary elections when so indicated |
14 | | by the context.
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15 | | 2. "Regular election" means the general, general primary,
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16 | | consolidated and consolidated primary elections regularly |
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1 | | scheduled in Article
2A. The even numbered year municipal |
2 | | primary established in Article 2A is
a regular election only |
3 | | with respect to those municipalities in which a
primary is |
4 | | required to be held on such date.
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5 | | 3. "Special election" means an election not regularly |
6 | | recurring at fixed
intervals, irrespective of whether it is |
7 | | held at the same time and place and by
the same election |
8 | | officers as a regular election.
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9 | | 4. "General election" means the biennial election at which |
10 | | members of
the General Assembly are elected. "General primary |
11 | | election", "consolidated election" and "consolidated primary |
12 | | election" mean
the respective elections or the election dates |
13 | | designated and established
in Article 2A of this Code.
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14 | | 5. "Municipal election" means an election or primary, |
15 | | either regular
or special, in cities, villages, and |
16 | | incorporated towns; and "municipality"
means any such city, |
17 | | village or incorporated town.
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18 | | 6. "Political or governmental subdivision" means any unit |
19 | | of local
government, or school district in which elections are |
20 | | or may be held.
"Political or governmental subdivision" also |
21 | | includes, for election purposes,
Regional Boards of School |
22 | | Trustees, and Township Boards of School Trustees.
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23 | | 7. The word "township" and the word "town" shall apply
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24 | | interchangeably to the type of governmental organization |
25 | | established in
accordance with the provisions of the Township |
26 | | Code. The term
"incorporated town" shall mean a municipality |
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1 | | referred to as an
incorporated town in the Illinois Municipal |
2 | | Code, as now or hereafter
amended.
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3 | | 8. "Election authority" means a county clerk or a Board of |
4 | | Election
Commissioners.
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5 | | 9. "Election Jurisdiction" means (a) an entire county, in |
6 | | the case of
a county in which no city board of election |
7 | | commissioners is located or
which is under the jurisdiction of |
8 | | a county board of election commissioners;
(b) the territorial |
9 | | jurisdiction of a city board of election commissioners;
and |
10 | | (c) the territory in a county outside of the jurisdiction of a |
11 | | city
board of election commissioners. In each instance |
12 | | election jurisdiction
shall be determined according to which |
13 | | election authority maintains the
permanent registration |
14 | | records of qualified electors.
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15 | | 10. "Local election official" means the clerk or secretary |
16 | | of a unit
of local government or school district, as the case |
17 | | may be, the treasurer
of a township board of school trustees, |
18 | | and the regional superintendent
of schools with respect to the |
19 | | various school officer elections and school
referenda for |
20 | | which the regional superintendent is assigned election duties
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21 | | by The School Code, as now or hereafter amended.
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22 | | 11. "Judges of election", "primary judges" and similar |
23 | | terms, as
applied to cases where there are 2 sets of judges, |
24 | | when used in
connection with duties at an election during the |
25 | | hours the polls are
open, refer to the team of judges of |
26 | | election on duty during such hours;
and, when used with |
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1 | | reference to duties after the closing of the polls,
refer to |
2 | | the team of tally judges designated to count the vote after the
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3 | | closing of the polls and the holdover judges designated |
4 | | pursuant to
Section 13-6.2 or 14-5.2. In such case, where, |
5 | | after the closing of the
polls, any act is required to be |
6 | | performed by each of the judges of
election, it shall be |
7 | | performed by each of the tally judges and by each
of the |
8 | | holdover judges.
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9 | | 12. "Petition" of candidacy as used in Sections 7-10 and |
10 | | 7-10.1
shall consist of a statement of candidacy, candidate's |
11 | | statement
containing oath, and sheets containing signatures of |
12 | | qualified primary
electors bound together.
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13 | | 13. "Election district" and "precinct", when used with |
14 | | reference to
a 30-day residence requirement, means the |
15 | | smallest constituent territory
in which electors vote as a |
16 | | unit at the same polling place in any
election governed by this |
17 | | Act.
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18 | | 14. "District" means any area which votes as a unit for the |
19 | | election of
any officer, other than the State or a unit of |
20 | | local government or school
district, and includes, but is not |
21 | | limited to, legislative, congressional
and judicial districts, |
22 | | judicial circuits, county board districts,
municipal and |
23 | | sanitary district wards, school board districts, and |
24 | | precincts.
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25 | | 15. "Question of public policy" or "public question"
means |
26 | | any question, proposition or measure submitted to the voters |
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1 | | at an
election dealing with subject matter other than the |
2 | | nomination or election
of candidates and shall include, but is |
3 | | not limited to, any bond or tax
referendum, and questions |
4 | | relating to the Constitution.
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5 | | 16. "Ordinance providing the form of government of a |
6 | | municipality
or county pursuant to Article VII of the |
7 | | Constitution" includes ordinances,
resolutions and petitions |
8 | | adopted by referendum which provide for the form
of |
9 | | government, the officers or the manner of selection or terms |
10 | | of office
of officers of such municipality or county, pursuant |
11 | | to the provisions of
Sections 4, 6 or 7 of Article VII of the |
12 | | Constitution.
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13 | | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, |
14 | | 6-60, and 6-66
shall include a computer tape or computer disc |
15 | | or other electronic data
processing information containing |
16 | | voter information.
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17 | | 18. "Accessible" means accessible to persons with |
18 | | disabilities and elderly
individuals for the purpose of voting |
19 | | or registration, as determined by
rule of the State Board of |
20 | | Elections.
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21 | | 19. "Elderly" means 65 years of age or older.
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22 | | 20. "Person with a disability" means a person having a |
23 | | temporary or permanent physical disability.
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24 | | 21. "Leading political party" means one of the two |
25 | | political parties
whose candidates for governor at the most |
26 | | recent three gubernatorial
elections received either the |
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1 | | highest or second highest average number of
votes. The |
2 | | political party whose candidates for governor received the
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3 | | highest average number of votes shall be known as the first |
4 | | leading
political party and the political party whose |
5 | | candidates for governor
received the second highest average |
6 | | number of votes shall be known as the
second leading political |
7 | | party.
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8 | | 22. "Business day" means any day in which the office of an |
9 | | election
authority, local election official or the State Board |
10 | | of Elections is open
to the public for a minimum of 7 hours.
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11 | | 23. "Homeless individual" means any person who has a |
12 | | nontraditional
residence, including, but not limited to, a |
13 | | shelter, day shelter, park
bench, street corner, or space |
14 | | under a bridge.
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15 | | 24. "Signature" means a name signed in ink or in digitized |
16 | | form. This definition does not apply to a nominating or |
17 | | candidate petition or a referendum petition. |
18 | | 25. "Intelligent mail barcode tracking system" means a |
19 | | printed trackable barcode attached to the return business |
20 | | reply envelope for mail-in ballots under Article 19 or Article |
21 | | 20 that allows an election authority to determine the date the |
22 | | envelope was mailed in absence of a postmark. |
23 | | 26. "Office elected by ranked choice voting" means any of |
24 | | the following offices: member of the General Assembly, |
25 | | Governor, Lieutenant Governor, Attorney General, Secretary of |
26 | | State, Comptroller, State Treasurer, Judges of the Supreme, |
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1 | | Appellate, and Circuit Courts, United States Representative, |
2 | | United States Senator, and President of the United States. |
3 | | These offices shall be elected by ranked choice voting during |
4 | | a general or special election, and during a primary, |
5 | | consolidated primary, or similar election. Presidential |
6 | | preference primaries shall also be conducted by ranked choice |
7 | | voting. |
8 | | (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
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9 | | (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
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10 | | Sec. 7-46.
On receiving from the primary judges a primary |
11 | | ballot of his
party, the primary elector shall forthwith and |
12 | | without leaving the polling
place, retire alone to one of the |
13 | | voting booths and prepare such primary
ballot by marking a |
14 | | cross (X) in the square in front of and opposite the
name of |
15 | | each candidate of his choice for each office to be filled, and |
16 | | for
delegates and alternate delegates to national nominating |
17 | | conventions, and
for committeepersons, if committeepersons are |
18 | | being elected at such primary. A cross (X) in the square in |
19 | | front of the bracket enclosing the names of a team of |
20 | | candidates for Governor and Lieutenant Governor counts as one |
21 | | vote for each of those candidates.
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22 | | Any primary elector may, instead of voting for any |
23 | | candidate for
nomination or for committeeperson or for |
24 | | delegate or alternate delegate to
national nominating |
25 | | conventions, whose name is printed on the primary
ballot, |
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1 | | write in the name of any other person affiliated with such |
2 | | party as
a candidate for the nomination for any office, or for |
3 | | committeeperson, or for
delegates or alternate delegates to |
4 | | national nominating conventions, and
indicate his choice of |
5 | | such candidate or committeeperson or delegate or
alternate |
6 | | delegate, by placing to the left of and opposite the name thus
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7 | | written a square and placing in the square a cross (X). A |
8 | | primary elector, however, may not by this method vote |
9 | | separately for Governor and Lieutenant Governor but must write |
10 | | in the names of candidates of his or her choice for both |
11 | | offices and indicate his or her choice of those names by |
12 | | placing a single square to the left of those names and placing |
13 | | in that square a cross (X).
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14 | | Where voting machines or electronic voting systems are |
15 | | used, the
provisions of this section may be modified as |
16 | | required or authorized by
Article 24 or Article 24A, whichever |
17 | | is applicable.
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18 | | For an office elected by ranked choice voting, the |
19 | | provisions of this Section may be modified as required or |
20 | | authorized by Article 22A. |
21 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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22 | | (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
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23 | | Sec. 7-52.
Immediately upon closing the polls, the primary |
24 | | judges
shall proceed to canvass the votes in the manner |
25 | | following:
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1 | | (1) They shall separate and count the ballots of each |
2 | | political
party.
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3 | | (2) They shall then proceed to ascertain the number of |
4 | | names entered
on the applications for
ballot under each |
5 | | party
affiliation.
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6 | | (3) If the primary ballots of any political party |
7 | | exceed
the number of applications for ballot by
voters of |
8 | | such political party, the primary ballots of such
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9 | | political party shall be folded and replaced in the ballot |
10 | | box, the box
closed, well shaken and again opened and one |
11 | | of the primary judges, who
shall be blindfolded, shall |
12 | | draw out so many of the primary
ballots of such political |
13 | | party as shall be equal to such excess. Such
excess |
14 | | ballots shall be marked "Excess-Not Counted" and signed by |
15 | | a majority
of the judges and
shall be placed in the "After |
16 | | 6:00 p.m. Defective Ballots Envelope".
The number of |
17 | | excess ballots shall be noted in the remarks section of |
18 | | the Certificate
of Results. "Excess" ballots shall not be |
19 | | counted in the total of "defective"
ballots.
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20 | | (4) The primary judges shall then proceed to count the
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21 | | primary ballots of each political party separately; and as |
22 | | the primary judges
shall open and read the primary |
23 | | ballots, 3 of the judges shall carefully
and correctly |
24 | | mark upon separate tally sheets the votes which each
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25 | | candidate of the party whose name is written or printed on |
26 | | the primary
ballot has received, in a separate column for |
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1 | | that purpose, with the
name of such candidate, the name of |
2 | | his political party and the name of
the office for which he |
3 | | is a candidate for nomination at the head of
such column. |
4 | | The same column, however, shall be used for both names of |
5 | | the same team of candidates for Governor and Lieutenant |
6 | | Governor.
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7 | | Where voting machines or electronic voting systems are |
8 | | used, the
provisions of this Section may be modified as |
9 | | required or authorized by
Article 24 or Article 24A, whichever |
10 | | is applicable.
|
11 | | For an office elected by ranked choice voting, the |
12 | | provisions of this Section may be modified as required or |
13 | | authorized by Article 22A. |
14 | | (Source: P.A. 96-1018, eff. 1-1-11; 97-333, eff. 8-12-11.)
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15 | | (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
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16 | | Sec. 7-53.
As soon as the ballots of a political party |
17 | | shall have
been read and the votes of the political party |
18 | | counted, as provided in
the last above section, the 3 judges in |
19 | | charge of the tally sheets shall
foot up the tally sheets so as |
20 | | to show the total number of votes cast
for each candidate of |
21 | | the political party and for each candidate for
State Central |
22 | | committeeperson and precinct committeeperson, township |
23 | | committeeperson
or ward committeeperson, and delegate and |
24 | | alternate delegate
to National nominating conventions, and |
25 | | certify the same to be correct.
Thereupon, the primary judges |
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1 | | shall set down in a certificate of results
on the tally sheet, |
2 | | under the name of the political party, the name of
each |
3 | | candidate voted for upon the primary ballot, written at full
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4 | | length, the name of the office for which he is a candidate for
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5 | | nomination or for committeeperson, or delegate or alternate |
6 | | delegate to
National nominating conventions, the total number |
7 | | of votes which the
candidate received, and they shall also set |
8 | | down the total number of
ballots voted by the primary electors |
9 | | of the political party in the
precinct. The certificate of |
10 | | results shall be made substantially in the
following form:
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11 | | ................ Party
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12 | | At the primary election held in the .... precinct of the |
13 | | (1) *township of
...., or (2) *City of ...., or (3) *.... ward |
14 | | in the city of .... on (insert
date), the primary electors of |
15 | | the ....
party voted .... ballots, and the respective |
16 | | candidates whose names were
written or printed on the primary |
17 | | ballot of the .... party, received
respectively the following |
18 | | votes:
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19 | | Name of |
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No. of |
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20 | | Candidate, |
Title of Office, |
Votes |
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21 | | John Jones |
Governor |
100 |
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22 | | Jane James | Lieutenant Governor | 100 |
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23 | | Sam Smith |
Governor |
70 |
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24 | | Samantha Smythe | Lieutenant Governor | 70 |
|
25 | | Frank Martin |
Attorney General |
150 |
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26 | | William Preston |
Rep. in Congress |
200 |
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1 | | Frederick John |
Circuit Judge |
50 |
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2 | | *Fill in either (1), (2) or (3).
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3 | | And so on for each candidate.
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4 | | We hereby certify the above and foregoing to be true and |
5 | | correct.
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6 | | Dated (insert date).
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7 | | ...................................
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8 | | Name Address
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9 | | ...................................
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10 | | Name Address |
11 | | ...................................
|
12 | | Name Address |
13 | | ...................................
|
14 | | Name Address
|
15 | | ...................................
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16 | | Name Address |
17 | | Judges of Primary
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18 | | Where voting machines or electronic voting systems are |
19 | | used, the
provisions of this Section may be modified as |
20 | | required or authorized by
Article 24 and Article 24A, |
21 | | whichever is applicable.
|
22 | | For an office elected by ranked choice voting, the |
23 | | provisions of this Section may be modified as required or |
24 | | authorized by Article 22A. |
25 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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1 | | (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
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2 | | Sec. 7-56. As soon as complete returns are delivered to |
3 | | the proper election
authority, the returns shall be canvassed |
4 | | for all primary elections as follows. The election authority |
5 | | acting as the canvassing board
pursuant to Section 1-8 of this |
6 | | Code shall also open
and canvass the returns of a primary. Upon |
7 | | the
completion of the canvass of the returns by the election |
8 | | authority,
the election authority shall make a tabulated |
9 | | statement of the returns
for each political party separately, |
10 | | stating in appropriate columns and
under proper headings, the |
11 | | total number of votes cast in said county for
each candidate |
12 | | for nomination or election by said party, including candidates |
13 | | for
President of the United States and for State central |
14 | | committeepersons, and
for delegates and alternate delegates to |
15 | | National nominating
conventions, and for precinct |
16 | | committeepersons, township committeepersons, and
for ward |
17 | | committeepersons. Within 2 days after the completion of said
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18 | | canvass by the election authority, the county clerk shall mail |
19 | | to the
State Board of Elections a certified copy of such |
20 | | tabulated statement of
returns. The
election authority shall |
21 | | also determine and set down as to each precinct the
number of |
22 | | ballots voted by the primary electors of each party at the |
23 | | primary.
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24 | | In the case of the nomination or election of candidates |
25 | | for offices,
including President of the United States and the |
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1 | | State central committeepersons, and delegates and alternate |
2 | | delegates to National
nominating conventions, certified |
3 | | tabulated statement of returns for
which are filed with the |
4 | | State Board of Elections, said returns shall be
canvassed by |
5 | | the election authority. And, provided, further, that within 5 |
6 | | days after
said returns shall be canvassed by the said Board, |
7 | | the Board shall provide each political party with the results |
8 | | of the ranked choice voting tabulation for President of the |
9 | | United States, including the results after each round of |
10 | | tabulation, and cause
to be published in one daily newspaper |
11 | | of general circulation at the
seat of the State government in |
12 | | Springfield a certified statement of the
returns filed in its |
13 | | office, showing the total vote cast in the State
for each |
14 | | candidate of each political party for President of the United
|
15 | | States, and showing the total vote for each candidate of each |
16 | | political
party for President of the United States, cast in |
17 | | each of the several
congressional districts in the State.
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18 | | Within 48 hours of conducting a canvass, as required
by |
19 | | this Code, of the consolidated
primary, the election authority |
20 | | shall deliver
an original certificate of results to each local |
21 | | election official, with
respect to whose political |
22 | | subdivisions nominations were made at such primary,
for each |
23 | | precinct in his jurisdiction in which such nominations were on
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24 | | the ballot. Such original certificate of results need not |
25 | | include any offices
or nominations for any other political |
26 | | subdivisions.
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1 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
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2 | | (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
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3 | | Sec. 7-59. (a) The person receiving the highest number of |
4 | | votes at a
primary as a candidate of a party for the nomination |
5 | | for an office shall
be the candidate of that party for such |
6 | | office, and his name as such
candidate shall be placed on the |
7 | | official ballot at the election then
next ensuing; provided, |
8 | | that where there are two or more persons to be
nominated for |
9 | | the same office or board, the requisite number of persons
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10 | | receiving the highest number of votes shall be nominated and |
11 | | their names
shall be placed on the official ballot at the |
12 | | following election. For an office elected by ranked choice |
13 | | voting, the person receiving the highest number of votes is |
14 | | determined by ranked choice voting tabulation as described in |
15 | | Article 22A.
|
16 | | Except as otherwise provided by Section 7-8 of this Act, |
17 | | the
person receiving the highest number of votes of his party |
18 | | for
State central committeeperson of his congressional |
19 | | district shall be
declared elected State central |
20 | | committeeperson from said congressional
district.
|
21 | | Unless a national political party specifies that delegates |
22 | | and
alternate delegates to a National nominating convention be |
23 | | allocated by
proportional selection representation according |
24 | | to the results of a
Presidential preference primary, the |
25 | | requisite number of persons
receiving the highest number of |
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1 | | votes of their party for delegates and
alternate delegates to |
2 | | National nominating conventions from the State at
large, and |
3 | | the requisite number of persons receiving the highest number |
4 | | of
votes of their party for delegates and alternate delegates |
5 | | to National
nominating conventions in their respective |
6 | | congressional districts shall be
declared elected delegates |
7 | | and alternate delegates to the National
nominating conventions |
8 | | of their party.
|
9 | | A political party which elects the members to its State |
10 | | Central Committee
by Alternative B under paragraph (a) of |
11 | | Section 7-8 shall select its
congressional district delegates |
12 | | and alternate delegates to its national
nominating convention |
13 | | by proportional selection representation according to
the |
14 | | results of a Presidential preference primary in each |
15 | | congressional
district in the manner provided by the rules of |
16 | | the national political
party and the State Central Committee, |
17 | | when the rules and policies of the
national political party so |
18 | | require.
|
19 | | A political party which elects the members to its State |
20 | | Central Committee
by Alternative B under paragraph (a) of |
21 | | Section 7-8 shall select its
at large delegates and alternate |
22 | | delegates to its national
nominating convention by |
23 | | proportional selection representation according to
the results |
24 | | of a Presidential preference primary in the whole State in the
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25 | | manner provided by the rules of the national political party |
26 | | and the State
Central Committee, when the rules and policies |
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1 | | of the national political
party so require.
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2 | | The person receiving the highest number of votes of his |
3 | | party for
precinct committeeperson of his precinct shall be |
4 | | declared elected precinct committeeperson
from said precinct.
|
5 | | The person receiving the highest number of votes of his |
6 | | party for
township committeeperson of his township or part of |
7 | | a township as the case
may be, shall be declared elected |
8 | | township committeeperson from said
township or part of a |
9 | | township as the case may be. In cities where ward |
10 | | committeepersons
are elected, the person receiving the highest |
11 | | number of
votes of his party for ward committeeperson of his |
12 | | ward shall be declared
elected ward committeeperson from said |
13 | | ward.
|
14 | | When two or more persons receive an equal and the highest |
15 | | number of
votes for the nomination for the same office or for |
16 | | committeeperson of the
same political party, or where more |
17 | | than one person of the same
political party is to be nominated |
18 | | as a candidate for office or committeeperson, if it appears |
19 | | that more than the number of persons to be
nominated for an |
20 | | office or elected committeeperson have the highest and an
|
21 | | equal number of votes for the nomination for the same office or |
22 | | for
election as committeeperson, the election authority by |
23 | | which the returns of the primary
are canvassed shall decide by |
24 | | lot which of said persons shall be
nominated or elected, as the |
25 | | case may be. In such case the election authority shall issue |
26 | | notice in writing to such persons of such tie vote
stating |
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1 | | therein the place, the day (which shall not be more than 5 days |
2 | | thereafter) and the hour when such nomination or election |
3 | | shall
be so determined.
|
4 | | (b) Write-in votes shall be counted only for persons who |
5 | | have filed
notarized declarations of intent to be write-in |
6 | | candidates with the proper
election authority or authorities |
7 | | not later than 61 days prior to
the primary. However, whenever |
8 | | an objection to a candidate's nominating papers or petitions |
9 | | for any office is sustained under Section 10-10 after the 61st |
10 | | day before the election, then write-in votes shall be counted |
11 | | for that candidate if he or she has filed a notarized |
12 | | declaration of intent to be a write-in candidate for that |
13 | | office with the proper election authority or authorities not |
14 | | later than 7 days prior to the election.
|
15 | | Forms for the declaration of intent to be a write-in |
16 | | candidate shall be
supplied by the election authorities. Such |
17 | | declaration shall specify the
office for which the person |
18 | | seeks nomination or election as a write-in
candidate.
|
19 | | The election authority or authorities shall deliver a list |
20 | | of all persons
who have filed such declarations to the |
21 | | election judges in the appropriate
precincts prior to the |
22 | | primary.
|
23 | | (c) (1) Notwithstanding any other provisions of this |
24 | | Section, where
the number of candidates whose names have been |
25 | | printed on a party's
ballot for nomination for or election to |
26 | | an office at a primary is less
than the number of persons the |
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1 | | party is entitled to nominate for or elect
to the office at the |
2 | | primary, a person whose name was not printed on the
party's |
3 | | primary ballot as a candidate for nomination for or election |
4 | | to the
office, is not nominated for or elected to that office |
5 | | as a result of a
write-in vote at the primary unless the number |
6 | | of votes he received equals
or exceeds the number of |
7 | | signatures required on a petition for nomination
for that |
8 | | office; or unless the number of votes he receives exceeds the
|
9 | | number of votes received by at least one of the candidates |
10 | | whose names were
printed on the primary ballot for nomination |
11 | | for or election to the same
office.
|
12 | | (2) Paragraph (1) of this subsection does not apply where |
13 | | the number
of candidates whose names have been printed on the |
14 | | party's ballot for
nomination for or election to the office at |
15 | | the primary equals or exceeds
the number of persons the party |
16 | | is entitled to nominate for or elect to the
office at the |
17 | | primary.
|
18 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
|
19 | | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
|
20 | | Sec. 16-3. (a) The names of all candidates to be voted for |
21 | | in each
election district or precinct shall be printed on one |
22 | | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 |
23 | | of this Act and except as otherwise
provided in this Act with |
24 | | respect to the odd year regular elections and
the emergency |
25 | | referenda; all nominations
of any political party being placed |
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1 | | under the party appellation or title
of such party as |
2 | | designated in the certificates of nomination or
petitions. The |
3 | | names of all independent candidates shall be printed upon
the |
4 | | ballot in a column or columns under the heading "independent"
|
5 | | arranged under the names or titles of the respective offices |
6 | | for which
such independent candidates shall have been |
7 | | nominated and so far as
practicable, the name or names of any |
8 | | independent candidate or
candidates for any office shall be |
9 | | printed upon the ballot opposite the
name or names of any |
10 | | candidate or candidates for the same office
contained in any |
11 | | party column or columns upon said ballot. The ballot
shall |
12 | | contain no other names, except that in cases of electors for
|
13 | | President and Vice-President of the United States, the names |
14 | | of the
candidates for President and Vice-President may be |
15 | | added to the party
designation and words calculated to aid the |
16 | | voter in his choice of candidates
may be added, such as "Vote |
17 | | for one," "Vote for not more than three." If no candidate or |
18 | | candidates file for an office and if no person or persons file |
19 | | a declaration as a write-in candidate for that office, then |
20 | | below the title of that office the election authority instead |
21 | | shall print "No Candidate". When an electronic
voting system |
22 | | is used which utilizes a ballot label booklet, the candidates
|
23 | | and questions shall appear on the pages of such booklet in the |
24 | | order
provided by this Code; and, in any case where candidates |
25 | | for an office
appear on a page which does not contain the name |
26 | | of any candidate for
another office, and where less than 50% of |
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1 | | the page is utilized, the name of
no candidate shall be printed |
2 | | on the lowest 25% of such page. On the back or
outside of the |
3 | | ballot, so as to appear when folded, shall be printed the words
|
4 | | "Official Ballot", followed by the designation of the polling |
5 | | place for
which the ballot is prepared, the date of the |
6 | | election and a facsimile
of the signature of the election |
7 | | authority who has caused the ballots to
be printed. The |
8 | | ballots shall be of plain white paper, through which the
|
9 | | printing or writing cannot be read. However, ballots for use |
10 | | at the
nonpartisan and consolidated elections may be printed |
11 | | on different color
paper, except blue paper, whenever |
12 | | necessary or desirable to facilitate
distinguishing between |
13 | | ballots for different political subdivisions. In
the case of |
14 | | nonpartisan elections for officers of a political
subdivision, |
15 | | unless the statute or an ordinance adopted pursuant to
Article |
16 | | VII of the Constitution providing the form of government
|
17 | | therefor requires otherwise, the column listing such |
18 | | nonpartisan
candidates shall be printed with no appellation or |
19 | | circle at its head.
The party appellation or title, or the word |
20 | | "independent" at the head of
any column provided for |
21 | | independent candidates, shall be printed in letters not less |
22 | | than one-fourth of an inch in height
and a
circle one-half inch |
23 | | in diameter shall be printed at the beginning of
the line in |
24 | | which such appellation or title is printed, provided,
however, |
25 | | that no such circle shall be printed at the head of any column
|
26 | | or columns provided for such independent candidates. The names |
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1 | | of
candidates shall be printed in letters not less than |
2 | | one-eighth
nor more than one-fourth of an inch in height, and |
3 | | at the beginning of
each line in which a name of a candidate is |
4 | | printed a square shall be
printed, the sides of which shall be |
5 | | not less than one-fourth of an inch
in length. However, the |
6 | | names of the candidates for Governor and
Lieutenant Governor |
7 | | on the same ticket shall be printed within a bracket
and a |
8 | | single square shall be printed in front of the bracket. The |
9 | | list
of candidates of the several parties and any such list of |
10 | | independent
candidates shall be placed in separate columns on |
11 | | the ballot in such
order as the election authorities charged |
12 | | with the printing of the
ballots shall decide; provided, that |
13 | | the names of the candidates of the
several political parties, |
14 | | certified by the State Board of Elections to
the several |
15 | | county clerks shall be printed by the county clerk of the
|
16 | | proper county on the official ballot in the order certified by |
17 | | the State
Board of Elections. Any county clerk refusing, |
18 | | neglecting or failing to
print on the official ballot the |
19 | | names of candidates of the several
political parties in the |
20 | | order certified by the State Board of
Elections, and any |
21 | | county clerk who prints or causes to be printed upon
the |
22 | | official ballot the name of a candidate, for an office to be |
23 | | filled
by the Electors of the entire State, whose name has not |
24 | | been duly
certified to him upon a certificate signed by the |
25 | | State Board of
Elections shall be guilty of a Class C |
26 | | misdemeanor.
|
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1 | | (b) When an electronic voting system is used which |
2 | | utilizes a ballot
card,
on the inside flap of each ballot card |
3 | | envelope there shall be printed
a form for write-in voting |
4 | | which shall be substantially as follows:
|
5 | | WRITE-IN VOTES
|
6 | | (See card of instructions for specific information. |
7 | | Duplicate form below
by hand for additional write-in votes.)
|
8 | | _____________________________
|
9 | | Title of Office
|
10 | | ( ) ____________________________
|
11 | | Name of Candidate
|
12 | | Write-in lines equal to the number of candidates for which |
13 | | a voter may vote shall be printed for an office only if one or |
14 | | more persons filed declarations of intent to be write-in |
15 | | candidates or qualify to file declarations to be write-in |
16 | | candidates under Sections 17-16.1 and 18-9.1 when the |
17 | | certification of ballot contains the words "OBJECTION |
18 | | PENDING".
|
19 | | (c) When an electronic voting system is used which uses a |
20 | | ballot sheet,
the
instructions to voters on the ballot sheet |
21 | | shall refer the voter to the
card of instructions for specific |
22 | | information on write-in voting. Below
each office appearing on |
23 | | such ballot sheet there shall be a provision for
the casting of |
24 | | a write-in vote. Write-in lines equal to the number of |
25 | | candidates for which a voter may vote shall be printed for an |
26 | | office only if one or more persons filed declarations of |
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1 | | intent to be write-in candidates or qualify to file |
2 | | declarations to be write-in candidates under Sections 17-16.1 |
3 | | and 18-9.1 when the certification of ballot contains the words |
4 | | "OBJECTION PENDING".
|
5 | | (d) When such electronic system is used, there shall be |
6 | | printed on the
back of each ballot card, each ballot card |
7 | | envelope, and
the first page of the ballot label when a ballot |
8 | | label is used, the
words "Official Ballot," followed by the |
9 | | number of the
precinct or other precinct identification, which |
10 | | may be stamped, in lieu
thereof and, as applicable, the number |
11 | | and name of the township, ward
or other election district for |
12 | | which the ballot card, ballot card
envelope, and ballot label |
13 | | are prepared, the date of the election and a
facsimile of the |
14 | | signature of the election authority who has caused the
ballots |
15 | | to be printed. The back of the ballot card shall also include
a |
16 | | method of identifying the ballot configuration such as a |
17 | | listing of the
political subdivisions and districts for which |
18 | | votes may be cast on that
ballot, or a number code identifying |
19 | | the ballot configuration or color coded
ballots, except that |
20 | | where there is only one ballot configuration in a
precinct, |
21 | | the precinct identification, and any applicable ward
|
22 | | identification, shall be sufficient. Ballot card envelopes |
23 | | used in punch
card systems shall be of paper through which no |
24 | | writing or punches may be
discerned and shall be of sufficient |
25 | | length to enclose all voting
positions. However, the election |
26 | | authority may provide
ballot card envelopes on which no |
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1 | | precinct number or township, ward or
other election district |
2 | | designation, or election date are preprinted, if
space and a |
3 | | preprinted form are provided below the space provided for
the |
4 | | names of write-in candidates where such information may be |
5 | | entered
by the judges of election. Whenever an election |
6 | | authority utilizes
ballot card envelopes on which the election |
7 | | date and precinct is not
preprinted, a judge of election shall |
8 | | mark such information for the
particular precinct and election |
9 | | on the envelope in ink before tallying
and counting any |
10 | | write-in vote written thereon.
If some method of insuring |
11 | | ballot secrecy other than an envelope is used,
such |
12 | | information must be provided on the ballot itself.
|
13 | | (e) In the designation of the name of a candidate on the |
14 | | ballot, the
candidate's given name or names, initial or |
15 | | initials, a nickname by
which the candidate is commonly known, |
16 | | or a combination thereof, may be
used in addition to the |
17 | | candidate's surname. If a candidate has changed his or her |
18 | | name, whether by a statutory or common law procedure in |
19 | | Illinois or any other jurisdiction, within 3 years before the |
20 | | last day for filing the petition for nomination, nomination |
21 | | papers, or certificate of nomination for that office, |
22 | | whichever is applicable, then (i) the candidate's name on the |
23 | | ballot must be followed by "formerly known as (list all prior |
24 | | names during the 3-year period) until name changed on (list |
25 | | date of each such name change)" and (ii) the petition, papers, |
26 | | or certificate must be accompanied by the candidate's |
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1 | | affidavit stating the candidate's previous names during the |
2 | | period specified in (i) and the date or dates each of those |
3 | | names was changed; failure to meet these requirements shall be |
4 | | grounds for denying certification of the candidate's name for |
5 | | the ballot or removing the candidate's name from the ballot, |
6 | | as appropriate, but these requirements do not apply to name |
7 | | changes resulting from adoption to assume an adoptive parent's |
8 | | or parents' surname, marriage to assume a spouse's surname, or |
9 | | dissolution of marriage or declaration of invalidity of |
10 | | marriage to assume a former surname. No other designation such
|
11 | | as a political slogan, title, or degree or nickname suggesting |
12 | | or
implying possession of a
title, degree or professional |
13 | | status, or similar information may be used
in connection with |
14 | | the candidate's surname.
For purposes of this Section, a |
15 | | "political slogan" is defined as any
word or words expressing |
16 | | or connoting a position, opinion, or belief that the
candidate |
17 | | may espouse, including but not limited to, any word or words
|
18 | | conveying any meaning other than that of the personal identity |
19 | | of the
candidate. A
candidate may not use a political slogan as |
20 | | part of his or her name on the
ballot, notwithstanding that the |
21 | | political slogan may be part of the
candidate's name.
|
22 | | (f) The State Board of Elections, a local election |
23 | | official, or an
election
authority shall remove any |
24 | | candidate's name designation from a ballot that is
|
25 | | inconsistent with subsection (e) of this Section. In addition, |
26 | | the State Board
of Elections, a local election official, or an |
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1 | | election authority shall not
certify to any election authority |
2 | | any candidate name designation that is
inconsistent with |
3 | | subsection (e) of this Section.
|
4 | | (g) If the State Board of Elections, a local election |
5 | | official, or an
election
authority removes a candidate's name |
6 | | designation from a ballot under
subsection (f) of this |
7 | | Section, then the aggrieved candidate may seek
appropriate |
8 | | relief in circuit court.
|
9 | | (h) Where voting machines or electronic voting systems are |
10 | | used, the
provisions of this Section may be modified as |
11 | | required or authorized by
Article 24 or Article 24A, whichever |
12 | | is applicable.
|
13 | | (i) Nothing in this Section shall prohibit election |
14 | | authorities from using
or reusing ballot card envelopes which |
15 | | were printed before the effective
date of this amendatory Act |
16 | | of 1985.
|
17 | | (j) For an office elected by ranked choice voting, the |
18 | | provisions of this Section may be modified as required or |
19 | | authorized by Article 22A. |
20 | | (Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07; |
21 | | 95-862, eff. 8-19-08.)
|
22 | | (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
|
23 | | Sec. 17-11. On receipt of his ballot the voter shall |
24 | | forthwith, and
without leaving the inclosed space, retire |
25 | | alone, or accompanied by children as provided in Section 17-8,
|
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1 | | to one of the voting
booths so provided and shall prepare his |
2 | | ballot by making in the
appropriate margin or place a cross (X) |
3 | | opposite the name of the
candidate of his choice for each |
4 | | office to be filled, or by writing in
the name of the candidate |
5 | | of his choice in a blank space on said ticket,
making a cross |
6 | | (X) opposite thereto; and in case of a question submitted
to |
7 | | the vote of the people, by making in the appropriate margin or |
8 | | place
a cross (X) against the answer he desires to give. A |
9 | | cross (X) in the
square in front of the bracket enclosing the |
10 | | names of a team of
candidates for Governor and Lieutenant |
11 | | Governor counts as one vote for
each of such candidates. |
12 | | Before leaving the voting booth the voter shall fold
his
|
13 | | ballot in such manner as to conceal the marks thereon. He shall |
14 | | then
vote forthwith in the manner herein provided, except that |
15 | | the number
corresponding to the number of the voter on the poll |
16 | | books shall not be
indorsed on the back of his ballot. He shall |
17 | | mark and deliver his ballot
without undue delay, and shall |
18 | | quit said inclosed space as soon as he
has voted; except that |
19 | | immediately after voting, the voter shall be instructed |
20 | | whether the voting equipment, if used, accepted or rejected |
21 | | the ballot or identified the ballot as under-voted for a |
22 | | statewide constitutional office. A voter whose ballot is |
23 | | identified as under-voted may return to the voting booth and |
24 | | complete the voting of that ballot. A voter whose ballot is not |
25 | | accepted by the voting equipment may, upon surrendering the |
26 | | ballot, request and vote another ballot. If a ballot for an |
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1 | | office elected by ranked choice voting is considered |
2 | | under-voted pursuant to Section 22A-5, the voter may, upon |
3 | | surrendering the ballot, request and vote upon another ballot. |
4 | | The voter's surrendered ballot shall be initialed by the |
5 | | election judge and handled as provided in the appropriate |
6 | | Article governing that voting equipment. |
7 | | No voter shall be allowed to occupy a voting booth already
|
8 | | occupied by another, nor remain within said inclosed space |
9 | | more than ten
minutes, nor to occupy a voting booth more than |
10 | | five minutes in case all
of said voting booths are in use and |
11 | | other voters waiting to occupy the
same. No voter not an |
12 | | election officer, shall, after having voted, be
allowed to |
13 | | re-enter said inclosed space during said election. No person
|
14 | | shall take or remove any ballot from the polling place before |
15 | | the close
of the poll. No voter shall vote or offer to vote any |
16 | | ballot except such
as he has received from the judges of |
17 | | election in charge of the ballots.
Any voter who shall, by |
18 | | accident or mistake, spoil his ballot, may, on
returning said |
19 | | spoiled ballot, receive another in place thereof only after
|
20 | | the word "spoiled" has been written in ink diagonally across |
21 | | the entire
face of the ballot returned by the voter.
|
22 | | Where voting machines or electronic voting systems are |
23 | | used, the
provisions of this section may be modified as |
24 | | required or authorized by
Article 24,
24A, 24B, or 24C, |
25 | | whichever is applicable, except that the requirements of this |
26 | | Section that (i) the voter must be notified of the voting |
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1 | | equipment's acceptance or rejection of the voter's ballot or |
2 | | identification of an under-vote for a statewide constitutional |
3 | | office and (ii) the voter shall have the opportunity to |
4 | | correct an under-vote or surrender the ballot that was not |
5 | | accepted and vote another ballot shall not be modified.
|
6 | | For an office elected by ranked choice voting, the |
7 | | provisions of this Section may be modified as required or |
8 | | authorized by Article 22A. |
9 | | (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
|
10 | | (10 ILCS 5/17-18) (from Ch. 46, par. 17-18)
|
11 | | Sec. 17-18.
Immediately upon closing the polls the judges |
12 | | shall
proceed to canvass the votes polled. They shall first |
13 | | count the whole
number of ballots in the box. If 2 or more |
14 | | ballots are folded together
so as to appear to have been cast |
15 | | by the same person, all of the ballots
so folded together shall |
16 | | be marked and returned with the other ballots
in the same |
17 | | conditions, as near as may be, in which they were found when
|
18 | | first opened, but shall not be counted. If the remaining |
19 | | ballots shall
be found to exceed the number of applications |
20 | | for
ballot, the ballots shall be replaced in the box, and the |
21 | | box closed and
well shaken and again opened and one of the |
22 | | judges shall publicly draw
out so many ballots unopened as |
23 | | shall be equal to such excess; and the
number of the ballots |
24 | | agreeing with the poll lists, or being made to
agree. Such |
25 | | excess ballots shall be marked "Excess-Not Counted" and
signed |
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1 | | by a majority of the judges and shall be placed in the "After
|
2 | | 6:00 p.m. Defective Ballots Envelope". The number of excess |
3 | | ballots
shall be noted in the remarks section of the |
4 | | Certificate of Results.
"Excess" ballots shall not be counted |
5 | | in the total of "defective"
ballots.
|
6 | | The judges shall then proceed to count and record the |
7 | | votes; and
when the judges of election shall open and read the |
8 | | ballots, 3 judges,
with at least one from each political party |
9 | | from which the precinct
judges were chosen, shall carefully |
10 | | and correctly mark down upon the
three tally sheets the vote |
11 | | each candidate has received, in a separate
box prepared for |
12 | | that purpose, with the name of such candidate at the
head of |
13 | | such box, and the office designated by the votes such |
14 | | candidate
shall fill. Whenever a proposition is submitted to |
15 | | the electors at the
same election, the ballots for or against |
16 | | such proposition shall always
be canvassed, counted or |
17 | | tallied. The votes shall be canvassed in the
room or place |
18 | | where the election is held, and the judges shall not allow
the |
19 | | ballot box, or any of the ballots, or the applications for |
20 | | ballot,
or any of the tally sheets to be removed or carried |
21 | | away from such room
or place, until the canvass of the vote is |
22 | | completed, and the returns
carefully enveloped and sealed up |
23 | | as provided by law.
|
24 | | Where voting machines or electronic voting systems are |
25 | | used, the
provisions of this section may be modified as |
26 | | required or authorized by
Article 24 or Article 24A, whichever |
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1 | | is applicable.
|
2 | | For an office elected by ranked choice voting, the |
3 | | provisions of this Section may be modified as required or |
4 | | authorized by Article 22A. |
5 | | (Source: P.A. 83-333.)
|
6 | | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
|
7 | | Sec. 18-5. Any person desiring to vote and whose name is |
8 | | found upon
the register of voters by the person having charge |
9 | | thereof, shall then
be questioned by one of the judges as to |
10 | | his nativity, his term of
residence at present address, |
11 | | precinct, State and United States, his
age, whether |
12 | | naturalized and if so the date of naturalization papers and
|
13 | | court from which secured, and he shall be asked to state his |
14 | | residence
when last previously registered and the date of the |
15 | | election for which
he then registered. The judges of elections |
16 | | shall check each application
for ballot against the list of |
17 | | voters registered in that precinct to whom
grace period, vote |
18 | | by mail, and early ballots have been issued for that election, |
19 | | which shall
be provided
by the election authority and which |
20 | | list shall be available for inspection
by pollwatchers. A |
21 | | voter applying to vote in
the precinct on
election day whose |
22 | | name appears on the list as having been issued a grace period, |
23 | | vote by mail,
or early ballot shall not be permitted to vote in |
24 | | the precinct, except that a voter to whom a vote by mail ballot |
25 | | was issued may vote in the precinct if the voter submits to the |
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1 | | election judges that vote by mail ballot for cancellation. If |
2 | | the voter is unable to submit the vote by mail ballot, it shall |
3 | | be sufficient for the voter to submit to the election judges |
4 | | (i) a portion of the vote by mail ballot if the vote by mail |
5 | | ballot was torn or mutilated or (ii) an affidavit executed |
6 | | before the election judges specifying that (A) the voter never |
7 | | received a vote by mail ballot or (B) the voter completed and |
8 | | returned a vote by mail ballot and was informed that the |
9 | | election authority did not receive that vote by mail ballot.
|
10 | | If such person
so registered shall be challenged as |
11 | | disqualified, the party challenging
shall assign his reasons |
12 | | therefor, and thereupon one of the judges shall
administer to |
13 | | him an oath to answer questions, and if he shall take the
oath |
14 | | he shall then be questioned by the judge or judges touching |
15 | | such cause
of challenge, and touching any other cause of |
16 | | disqualification. And he may
also be questioned by the person |
17 | | challenging him in regard to his
qualifications and identity. |
18 | | But if a majority of the judges are of the
opinion that he is |
19 | | the person so registered and a qualified voter, his vote
shall |
20 | | then be received accordingly. But if his vote be rejected by |
21 | | such
judges, such person may afterward produce and deliver an |
22 | | affidavit to such
judges, subscribed and sworn to by him |
23 | | before one of the judges, in which
it shall be stated how long |
24 | | he has resided in such precinct, and state;
that he is a |
25 | | citizen of the United States, and is a duly qualified voter in
|
26 | | such precinct, and that he is the identical person so |
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1 | | registered.
In addition to such an affidavit, the person so |
2 | | challenged shall provide
to the judges of election proof of |
3 | | residence by producing 2 forms of
identification showing the |
4 | | person's current residence address, provided
that such |
5 | | identification may include a lease or contract for a residence |
6 | | and not more than one piece of mail addressed to the person at |
7 | | his current residence address and
postmarked not earlier than |
8 | | 30 days prior to the date of the
election, or the person shall |
9 | | procure a witness personally known to the
judges of election, |
10 | | and resident in the precinct (or district), or who
shall be |
11 | | proved by some legal voter of such precinct or district, known |
12 | | to
the judges to be such, who shall take the oath following, |
13 | | viz:
|
14 | | I do solemnly swear (or affirm) that I am a resident of |
15 | | this election
precinct (or district), and entitled to vote at |
16 | | this election, and that I
have been a resident of this State |
17 | | for 30 days last past, and am well
acquainted with the person |
18 | | whose vote is now offered; that he is an actual
and bona fide |
19 | | resident of this election precinct (or district), and has
|
20 | | resided herein 30 days, and as I verily believe, in this State, |
21 | | 30 days
next preceding this election.
|
22 | | The oath in each case may be administered by one of the |
23 | | judges of
election, or by any officer, resident in the |
24 | | precinct or district,
authorized by law to administer oaths. |
25 | | Also supported by an affidavit by a
registered voter residing |
26 | | in such precinct, stating his own residence, and
that he knows |
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1 | | such person; and that he does reside at the place mentioned
and |
2 | | has resided in such precinct and state for the length of time |
3 | | as stated
by such person, which shall be subscribed and sworn |
4 | | to in the same way.
For purposes of this Section, the |
5 | | submission of a photo identification issued by a college or |
6 | | university, accompanied by either (i) a copy of the |
7 | | applicant's contract or lease for a residence or (ii) one |
8 | | piece of mail addressed to the person at his or her current |
9 | | residence address and postmarked not earlier than 30 days |
10 | | prior to the date of the election, shall be sufficient to |
11 | | establish proof of residence. Whereupon the vote of such |
12 | | person shall be received, and entered as other
votes. But such |
13 | | judges, having charge of such registers, shall state in
their |
14 | | respective books the facts in such case, and the affidavits, |
15 | | so
delivered to the judges, shall be preserved and returned to |
16 | | the office of
the commissioners of election. Blank affidavits |
17 | | of the character aforesaid
shall be sent out to the judges of |
18 | | all the precincts, and the judges of
election shall furnish |
19 | | the same on demand and administer the oaths without
criticism. |
20 | | Such oaths, if administered by any other officer than such |
21 | | judge
of election, shall not be received. Whenever a proposal |
22 | | for a
constitutional amendment or for the calling of a |
23 | | constitutional convention
is to be voted upon at the election, |
24 | | the separate blue ballot or ballots
pertaining thereto shall |
25 | | be placed on top of the other ballots to be voted
at the |
26 | | election in such manner that the legend appearing on the back
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1 | | thereof, as prescribed in Section 16-6 of this Act, shall be |
2 | | plainly
visible to the voter, and in this fashion the ballots |
3 | | shall be handed to
the voter by the judge.
|
4 | | Immediately after voting, the voter shall be instructed |
5 | | whether the voting equipment, if used, accepted or rejected |
6 | | the ballot or identified the ballot as under-voted. A voter |
7 | | whose ballot is identified as under-voted for a statewide |
8 | | constitutional office may return to the voting booth and |
9 | | complete the voting of that ballot. A voter whose ballot is not |
10 | | accepted by the voting equipment may, upon surrendering the |
11 | | ballot, request and vote another ballot. If a ballot for an |
12 | | office elected by ranked choice voting is considered |
13 | | under-voted as defined in Section 22A-5, the voter may, upon |
14 | | surrendering the ballot, request and vote upon another ballot. |
15 | | The voter's surrendered ballot shall be initialed by the |
16 | | election judge and handled as provided in the appropriate |
17 | | Article governing that voting equipment. |
18 | | The voter shall, upon quitting the voting booth, deliver |
19 | | to one of
the judges of election all of the ballots, properly |
20 | | folded, which he
received. The judge of election to whom the |
21 | | voter delivers his ballots
shall not accept the same unless |
22 | | all of the ballots given to the voter
are returned by him. If a |
23 | | voter delivers less than all of the ballots
given to him, the |
24 | | judge to whom the same are offered shall advise him in
a voice |
25 | | clearly audible to the other judges of election that the voter
|
26 | | must return the remainder of the ballots. The statement of the |
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1 | | judge to
the voter shall clearly express the fact that the |
2 | | voter is not required
to vote such remaining ballots but that |
3 | | whether or not he votes them he
must fold and deliver them to |
4 | | the judge. In making such statement the
judge of election |
5 | | shall not indicate by word, gesture or intonation of
voice |
6 | | that the unreturned ballots shall be voted in any particular
|
7 | | manner. No new voter shall be permitted to enter the voting |
8 | | booth of a
voter who has failed to deliver the total number of |
9 | | ballots received by
him until such voter has returned to the |
10 | | voting booth pursuant to the
judge's request and again quit |
11 | | the booth with all of the ballots
required to be returned by |
12 | | him. Upon receipt of all such ballots the
judges of election |
13 | | shall enter the name of the voter, and his number, as
above |
14 | | provided in this Section, and the judge to whom the ballots are
|
15 | | delivered shall immediately put the ballots into the ballot |
16 | | box. If any
voter who has failed to deliver all the ballots |
17 | | received by him refuses
to return to the voting booth after |
18 | | being advised by the judge of
election as herein provided, the |
19 | | judge shall inform the other judges of
such refusal, and |
20 | | thereupon the ballot or ballots returned to the judge
shall be |
21 | | deposited in the ballot box, the voter shall be permitted to
|
22 | | depart from the polling place, and a new voter shall be |
23 | | permitted to
enter the voting booth.
|
24 | | The judge of election who receives the ballot or ballots |
25 | | from the
voter shall announce the residence and name of such |
26 | | voter in a loud
voice. The judge shall put the ballot or |
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1 | | ballots received from the voter
into the ballot box in the |
2 | | presence of the voter and the judges of
election, and in plain |
3 | | view of the public. The judges having charge of
such registers |
4 | | shall then, in a column prepared thereon, in the same
line of, |
5 | | the name of the voter, mark "Voted" or the letter "V".
|
6 | | No judge of election shall accept from any voter less than |
7 | | the full
number of ballots received by such voter without |
8 | | first advising the
voter in the manner above provided of the |
9 | | necessity of returning all of
the ballots, nor shall any such |
10 | | judge advise such voter in a manner
contrary to that which is |
11 | | herein permitted, or in any other manner
violate the |
12 | | provisions of this Section; provided, that the acceptance by
a |
13 | | judge of election of less than the full number of ballots |
14 | | delivered to
a voter who refuses to return to the voting booth |
15 | | after being properly
advised by such judge shall not be a |
16 | | violation of this Section.
|
17 | | (Source: P.A. 98-1171, eff. 6-1-15 .)
|
18 | | (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
|
19 | | Sec. 18-9.
The judges of election shall first count the |
20 | | whole number
of ballots in the box. If the ballots shall be |
21 | | found to exceed the
number of applications for ballot, they |
22 | | shall reject the ballots, if
any, found folded inside of a |
23 | | ballot. And if the ballots and the
applications for ballot |
24 | | still do not agree after such rejection, the
ballots shall be |
25 | | replaced in the box and the box closed and well shaken,
and |
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1 | | again opened; and one of the judges shall publicly draw out so |
2 | | many
ballots unopened as shall be equal to such excess. Such |
3 | | excess ballots
shall be marked "Excess-Not Counted" and signed |
4 | | by a majority of judges
and shall be placed in the "After 6:00 |
5 | | p.m. Defective Ballots Envelope".
The number of excess ballots |
6 | | shall be noted in the remarks section of
the Certificate of |
7 | | Results. "Excess" ballots shall not
be counted in the total of |
8 | | "defective" ballots. And the ballots and
applications for |
9 | | ballot being made to agree in this way, the judges
shall |
10 | | proceed to count the votes in the following manner: The judges
|
11 | | shall open the ballots and place those which contain the same |
12 | | names
together, so that the several kinds shall be in separate |
13 | | piles or on
separate files. Each of the judges shall examine |
14 | | the separate files
which are, or are supposed to be, alike, and |
15 | | exclude from such files any
which may have a name or an |
16 | | erasure, or in any manner shall be different
from the others of |
17 | | such file. One of the judges shall then take one file
of the |
18 | | kind of ballots which contain the same names, and count them by
|
19 | | tens, carefully examining each name on each of the ballots. |
20 | | Such judge
shall then pass the ten ballots aforesaid to the |
21 | | judge sitting next to
him, who shall count them in the same |
22 | | manner, who shall then pass them
to a third judge, who shall |
23 | | also count them in the same manner. Then the
third judge shall |
24 | | call the names of the persons named in the ten
ballots, and the |
25 | | offices for which they are designated, and 2 of the
judges, who |
26 | | did not assist in the counting shall tally ten votes for
each |
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1 | | of such persons, except as herein otherwise provided. When the
|
2 | | judges shall have gone through such file of ballots, |
3 | | containing the same
names, and shall count them by tens in the |
4 | | same way, and shall call the
names of the persons named in the |
5 | | ballots and the office for which they
are designated, the |
6 | | tally judges shall tally the votes by tens for each
of such |
7 | | persons in the same manner as in the first instance. When the
|
8 | | counting of each file of ballots which contain the same names |
9 | | shall be
completed, the tally judges shall compare their |
10 | | tallies together and
ascertain the total number of ballots of |
11 | | that kind so canvassed; and
when they agree upon the number, |
12 | | one of them shall announce it in a loud
voice to the other |
13 | | judges. The judges shall then canvass the other kinds
of |
14 | | ballots which do not correspond, those containing names partly |
15 | | from
one kind of ballots and partly from another, being those |
16 | | from which the
name of the person proper to be voted for on |
17 | | such ballots has been
omitted or erased, usually called |
18 | | "scratched tickets". They shall be
canvassed separately by one |
19 | | of the judges sitting between 2 other
judges, which judge |
20 | | shall call each name to the tally judges and the
office for |
21 | | which it is designated, and the other judges looking at the
|
22 | | ballot at the same time, and the tally judges making tally of |
23 | | the same.
When all the ballots have been canvassed in this |
24 | | manner, the tally
judges shall compare their tallies together, |
25 | | and ascertain the total
number of votes received by each |
26 | | candidate and when they agree upon the
numbers one of them |
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1 | | shall announce in a loud voice to the judges the
number of |
2 | | votes received by each candidate on each of the kinds of
|
3 | | ballots containing his name, the number received by him on
|
4 | | scratch tickets, and the total number of votes received by |
5 | | him.
|
6 | | The votes for the offices of Governor and Lieutenant |
7 | | Governor shall
be counted and tallied jointly.
|
8 | | Where voting machines or electronic voting systems are |
9 | | used, the
provisions of this section may be modified as |
10 | | required or authorized by
Article 24 or Article 24A, whichever |
11 | | is applicable.
|
12 | | For an office elected by ranked choice voting, the |
13 | | provisions of this Section may be modified as required or |
14 | | authorized by Article 22A. |
15 | | (Source: P.A. 89-700, eff. 1-17-97.)
|
16 | | (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
|
17 | | Sec. 21-2. The county clerks of the several counties |
18 | | shall, within 21 days
next after holding the election named in |
19 | | subsection (1) of Section 2A-1.2 and
Section 2A-2, make 2 |
20 | | copies of the abstract of the votes cast for electors by
each |
21 | | political party or group, as indicated by the voter for an |
22 | | office elected by ranked choice voting , as aforesaid, by a
|
23 | | cross in the square to the left of the bracket aforesaid, or as |
24 | | indicated
by a cross in the appropriate place preceding the |
25 | | appellation or title of
the particular political party or |
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1 | | group, and transmit by mail one of the
copies to the office of |
2 | | the State Board of Elections and retain the other
in his |
3 | | office, to be sent for by the electoral board in case the other
|
4 | | should be mislaid. Within 31 days after the holding of such |
5 | | election, and
sooner if all the returns are received by the |
6 | | State Board of Elections, the
State Board of Elections shall |
7 | | proceed to open and canvass said election
returns by ranked |
8 | | choice voting tabulation as described in Article 22A, and to |
9 | | declare which set of candidates for President and
|
10 | | Vice-President received, as aforesaid, the highest number of |
11 | | votes cast at
such election as aforesaid; and the electors of |
12 | | that party whose candidates
for President and Vice-President |
13 | | received the highest number of votes so
cast shall be taken and |
14 | | deemed to be elected as electors of President and
|
15 | | Vice-President, but should 2 or more sets of candidates for |
16 | | President and
Vice-President be returned with an equal and the |
17 | | highest vote, the State
Board of Elections shall cause a |
18 | | notice of the same to be published, which
notice shall name |
19 | | some day and place, not less than 5 days from the time of
such |
20 | | publication of such notice, upon which the State Board of |
21 | | Elections
will decide by lot which of the sets of candidates |
22 | | for President and
Vice-President so equal and highest shall be |
23 | | declared to be highest. And
upon the day and at the place so |
24 | | appointed in the notice, the board shall
so decide by lot and |
25 | | declare which is deemed highest of the sets of
candidates for |
26 | | President and Vice-President so equal and highest, thereby
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1 | | determining only that the electors chosen as aforesaid by such |
2 | | candidates'
party or group are thereby elected by general |
3 | | ticket to be such electors.
|
4 | | (Source: P.A. 100-863, eff. 8-14-18.)
|
5 | | (10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
|
6 | | Sec. 22-7. Canvass of votes; declaration and proclamation |
7 | | of result. The State Board of Elections, shall proceed within |
8 | | 31 days
after the election,
and sooner if all the returns are |
9 | | received, to canvass the votes given
for United States |
10 | | Senators and Representatives to Congress, State
executive |
11 | | officers, judges of the Supreme Court, judges of the Appellate
|
12 | | Court, judges of the Circuit Court, Senators, Representatives |
13 | | to the
General Assembly, State's Attorneys and Regional |
14 | | Superintendents of Schools
elected from 2 or more counties, |
15 | | respectively . For an office elected by ranked choice voting, |
16 | | the canvass shall be done by ranked choice voting tabulation |
17 | | as described in Article 22A. The , and the persons
having the |
18 | | highest number of votes for the respective offices shall be
|
19 | | declared duly elected, but if it appears that more than the |
20 | | number of
persons to be elected have the highest and an equal |
21 | | number of votes for
the same office, the electoral board shall |
22 | | decide by lot which of such
persons shall be elected; and to |
23 | | each person duly elected, the Governor
shall give a |
24 | | certificate of election or commission, as the case may
|
25 | | require, and shall cause proclamation to be made of the result |
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1 | | of the
canvass, and they shall at the same time and in the same |
2 | | manner, canvass
the vote cast upon amendments to the |
3 | | Constitution, and upon other
propositions submitted to the |
4 | | electors of the entire State; and the
Governor shall cause to |
5 | | be made such proclamation of the result of the
canvass as the |
6 | | statutes elsewhere provide. The State Board of Elections
shall |
7 | | transmit to the State Comptroller a list of the persons |
8 | | elected to
the various offices. The State Board of Elections |
9 | | shall also transmit to
the Supreme Court the names of persons |
10 | | elected to judgeships in
adversary elections and the names of |
11 | | judges who fail to win retention in
office.
|
12 | | No person who is shown by the canvassing board's |
13 | | proclamation to have been elected at the consolidated election |
14 | | or general election as a write-in candidate shall take office |
15 | | unless that person has first filed with the certifying office |
16 | | or board a statement of candidacy pursuant to Section 7-10 or |
17 | | Section 10-5, a statement pursuant to Section 7-10.1, and a |
18 | | receipt for filing a statement of economic interests in |
19 | | relation to the unit of government to which he or she has been |
20 | | elected. For officers elected at the consolidated election, |
21 | | the certifying officer shall notify the election authority of |
22 | | the receipt of those documents, and the county clerk shall |
23 | | issue the certification of election under the provisions of |
24 | | Section 22-18. |
25 | | (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
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1 | | (10 ILCS 5/Art. 22A heading new) |
2 | | ARTICLE 22A. RANKED CHOICE VOTING |
3 | | (10 ILCS 5/22A-1 new) |
4 | | Sec. 22A-1. Applicability. An election for an office |
5 | | elected by ranked choice voting involving 3 or more |
6 | | candidates, including qualified write-in candidates, shall be |
7 | | conducted pursuant to the procedures set forth in this |
8 | | Article. |
9 | | (10 ILCS 5/22A-5 new) |
10 | | Sec. 22A-5. Definitions. As used in this Article: |
11 | | "Active ballot" means a ballot that is not an inactive |
12 | | ballot. |
13 | | "Active candidate" means a candidate who has not been |
14 | | defeated. |
15 | | "Inactive ballot" is a ballot that does not count for any |
16 | | candidate for any of the reasons given in Section 22A-45. |
17 | | "Highest-ranked active candidate" means the highest |
18 | | ranking on a voter's ballot for an active candidate. |
19 | | "Overvote" means a circumstance in which a voter has |
20 | | ranked more than one candidate at the same ranking. |
21 | | "Ranking" means the number available to be assigned by a |
22 | | voter to a candidate to express the voter's choice for that |
23 | | candidate. The number "1" is the highest ranking, followed by |
24 | | "2" and then "3" and so on. |
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1 | | "Round" means an instance of the sequence of voting |
2 | | tabulation steps established in Section 22A-30. |
3 | | "Skipped ranking" means a voter has left a ranking |
4 | | unassigned but ranks a candidate at a subsequent ranking. |
5 | | "Undervote" means a circumstance in which a voter has not |
6 | | ranked any candidate for a particular office. |
7 | | "Under-voted" means a case where a ballot does not contain |
8 | | rankings for any candidate for a particular office. |
9 | | (10 ILCS 5/22A-10 new) |
10 | | Sec. 22A-10. Ranked choice voting ballots. A ranked choice |
11 | | voting ballot shall be laid out to allow the voter to rank the |
12 | | candidates for an office in order of preference. The ballot |
13 | | shall allow voters to rank as many choices as there are |
14 | | qualified candidates, including qualified write-in candidates, |
15 | | except as provided in this Section. If the voting equipment |
16 | | cannot accommodate a number of rankings on the ballot equal to |
17 | | the number of qualified candidates, an election authority may |
18 | | limit the number of choices a voter may rank on a ballot to the |
19 | | maximum number allowed by the equipment. If multiple types of |
20 | | voting equipment are used in an election for the same office, |
21 | | the State Board of Elections shall ensure that every ballot |
22 | | allows voters to rank the same number of candidates. |
23 | | (10 ILCS 5/22A-15 new) |
24 | | Sec. 22A-15. Mixed-election method ballots. If elections |
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1 | | are held in which ranked choice voting is used in addition to |
2 | | other methods of voting, the ranked choice and non-ranked |
3 | | choice voting elections must be on the same ballot if |
4 | | possible, with ranked choice voting and non-ranked choice |
5 | | voting portions clearly separated on the ballot. If placement |
6 | | of all offices to be elected cannot be placed on a single |
7 | | ballot, a separate ballot may be used for those offices to be |
8 | | elected using ranked choice voting. Ballots may deviate from |
9 | | the ordering established in Section 7-19 to allow for |
10 | | separation of ranked choice voting and non-ranked choice |
11 | | voting elections. |
12 | | (10 ILCS 5/22A-20 new) |
13 | | Sec. 22A-20. Ballot requirements. All other ballot |
14 | | requirements of this Code apply to ranked choice voting |
15 | | ballots to the extent that they do not contradict the |
16 | | requirements of this Article. |
17 | | (10 ILCS 5/22A-25 new) |
18 | | Sec. 22A-25. First ranked choice tabulation. |
19 | | (a) A first ranked choice tabulation shall be done under |
20 | | this Section before tabulation as described in Section 22A-30. |
21 | | A first ranked choice tabulation will consist of a first round |
22 | | only. Under the first ranked choice tabulation, the vote total |
23 | | will be the sum of the number 1 ranked votes. |
24 | | (b) If the vote total for a candidate is greater than 50% |
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1 | | of the active ballots, the candidate shall be declared duly |
2 | | elected. If not, tabulation shall proceed in rounds as |
3 | | described in Section 22A-30. |
4 | | (10 ILCS 5/22A-30 new) |
5 | | Sec. 22A-30. Ranked choice voting tabulation. Tabulation |
6 | | must proceed in rounds as follows: |
7 | | (1) If 2 or fewer active candidates remain, the |
8 | | candidate with the greatest number of votes is declared |
9 | | the winner of the election and tabulation is complete. |
10 | | (2) If more than 2 active candidates remain, the |
11 | | active candidate with the fewest votes is defeated. Votes |
12 | | for the defeated candidate are transferred to each |
13 | | ballot's next-highest-ranked active candidate and a new |
14 | | round begins. |
15 | | (10 ILCS 5/22A-35 new) |
16 | | Sec. 22A-35. Ties. If during any round of tabulation 2 or |
17 | | more candidates are tied with the fewest votes, and tabulation |
18 | | cannot continue until the candidate with the fewest votes is |
19 | | defeated, then the candidate to be defeated will be chosen by |
20 | | lot. The result of the tie resolution must be recorded and |
21 | | reused in the event of a recount. Election authorities may |
22 | | resolve prospective ties between candidates before the |
23 | | election. |
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1 | | (10 ILCS 5/22A-40 new) |
2 | | Sec. 22A-40. Batch elimination. In any election conducted |
3 | | by ranked choice voting, the election authority may modify the |
4 | | tabulation to include batch elimination. If the tabulation |
5 | | does include batch elimination, then any time the active |
6 | | candidate with the fewest votes would be defeated, all active |
7 | | candidates in the elimination batch are simultaneously |
8 | | defeated instead. An active candidate is in the elimination |
9 | | batch if the number of elected and active candidates with more |
10 | | votes than that candidate is greater than the number of |
11 | | offices to be elected, and it is mathematically impossible for |
12 | | that candidate to be elected for any of the following reasons: |
13 | | (1) The candidate could never win because the |
14 | | candidate's current vote total plus all votes that could |
15 | | possibly be transferred to the candidate in future rounds |
16 | | would not be enough to equal or surpass the active |
17 | | candidate with the next higher current vote total. |
18 | | (2) The candidate has a lower current vote total than |
19 | | an active candidate who is described in paragraph (1). |
20 | | (10 ILCS 5/22A-45 new) |
21 | | Sec. 22A-45. Inactive ballots and undervotes. |
22 | | (a) In any round of tabulation in an election conducted by |
23 | | ranked choice voting, an inactive ballot does not count for |
24 | | any candidate. A ballot is inactive if any of the following is |
25 | | true: |
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1 | | (1) It does not contain any active candidates and is |
2 | | not an undervote. |
3 | | (2) It has reached an overvote. |
4 | | (3) It has reached 2 consecutive skipped rankings. |
5 | | (b) A ballot that is under-voted does not count as an |
6 | | active or inactive ballot in any round of tabulation. |
7 | | (10 ILCS 5/22A-50 new) |
8 | | Sec. 22A-50. Precinct returns. |
9 | | (a) For elections for an office elected by ranked choice |
10 | | voting, precinct returns must include, at minimum, the number |
11 | | of votes in the first ranking for each candidate. |
12 | | (b) The processes for making precinct returns, as |
13 | | described in Articles 7, 17, and 18, may be modified by the |
14 | | State Board of Elections or other election authority to allow |
15 | | for compliance with this Section. |
16 | | (10 ILCS 5/22A-55 new) |
17 | | Sec. 22A-55. Rights of political parties. For all |
18 | | statutory and constitutional provisions in the State |
19 | | pertaining to the rights of political parties or the number of |
20 | | votes cast for an officer or candidate, the number of votes |
21 | | cast for a party's candidate for an office elected by ranked |
22 | | choice voting is the number of votes credited to that |
23 | | candidate in the first ranked choice tabulation described in |
24 | | Section 22A-25. |