HB3749 103RD GENERAL ASSEMBLY

LRB103 29708 BMS 56113 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3749

Introduced 2/17/2023, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

10 ILCS 5/16-5.01	from Ch. 46, par. 16-5.01
10 ILCS 5/16-5.02 new

Amends the Ballots Article of the Election Code. Provides that the governing body of a municipality may adopt, upon submission of a written statement by the municipality's election authority attesting to the administrative ability of the election authority to administer an election using a ranked ballot to the municipality's governing body, an ordinance requiring a ranked vote by mail ballot for municipal and township office candidates to be voted on in the consolidated election or consolidated primary election (rather than only the consolidated election). Provides that the governing body of a municipality may adopt an ordinance allowing any qualified voter to use a ranked vote by mail ballot for any municipal and township election. Sets forth provisions concerning ranked ballots for nonpartisan primary elections. Removes language providing that a ranked ballot shall only be for use by a qualified voter who either is a member of the United States military or will be outside of the United States on the consolidated primary election day and the consolidated election day.

A BILL FOR

AN ACT concerning elections.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Election Code is amended by changing Section 16-5.01 and by adding Section 16-5.02 as follows:

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

Sec. 16-5.01. (a) Except as otherwise provided in this Code, the election authority shall, at least 46 days prior to the date of any election at which federal officers are elected and 45 days prior to any other regular election, have a sufficient number of ballots printed so that such ballots will be available for mailing 45 days prior to the date of the election to persons who have filed application for a ballot under the provisions of Article 20 of this Code Act.

(b) If at any election at which federal offices are elected or nominated the election authority is unable to comply with the provisions of subsection (a), the election authority shall mail to each such person, in lieu of the ballot, a Special Write-in Vote by Mail Voter's Blank Ballot. The Special Write-in Vote by Mail Voter's Blank Ballot shall be used at all elections at which federal officers are elected or nominated and shall be prepared by the election authority in substantially the following form:

Special Write-in Vote by Mail Voter's Blank Ballot

(To vote for a person, write the title of the office and his or her name on the lines provided. Place to the left of and opposite the title of office a square and place a cross (X) in the square.)

Title of Office Name of Candidate

( )

( )

( )

( )

( )

( )

The election authority shall send with the Special Write-in Vote by Mail Voter's Blank Ballot a list of all referenda for which the voter is qualified to vote and all candidates for whom nomination papers have been filed and for whom the voter is qualified to vote. The voter shall be entitled to write in the name of any candidate seeking election and any referenda for which he or she is entitled to vote.

On the back or outside of the ballot, so as to appear when folded, shall be printed the words "Official Ballot", the date of the election and a facsimile of the signature of the election authority who has caused the ballot to be printed.

The provisions of Article 20, insofar as they may be applicable to the Special Write-in Vote by Mail Voter's Blank Ballot, shall be applicable herein.

(c) Notwithstanding any provision of this Code or other law to the contrary, the governing body of a municipality may adopt, upon submission of a written statement by the municipality's election authority attesting to the administrative ability of the election authority to administer an election using a ranked ballot to the municipality's governing body, an ordinance requiring, and that municipality's election authority shall prepare, a ranked vote by mail ballot for municipal and township office candidates to be voted on in the consolidated election or consolidated primary election. This ranked ballot shall be for use only by a qualified voter who either is a member of the United States military or will be outside of the United States on the consolidated primary election day and the consolidated election day. The governing body of a municipality may adopt an ordinance allowing any qualified voter to use a ranked vote by mail ballot for any municipal and township election. The ranked ballot shall contain a list of the titles of all municipal and township offices potentially contested at both the consolidated primary election and the consolidated election and the candidates for each office and shall permit the elector to vote in the consolidated election by indicating his or her order of preference for each candidate for each office. To indicate his or her order of preference for each candidate for each office, the voter shall put the number one next to the name of the candidate who is the voter's first choice, the number 2 for his or her second choice, and so forth so that, in consecutive numerical order, a number indicating the voter's preference is written by the voter next to each candidate's name on the ranked ballot. The voter shall not be required to indicate his or her preference for more than one candidate on the ranked ballot. The voter may not cast a write-in vote using the ranked ballot for the consolidated election. The election authority shall, if using the ranked vote by mail ballot authorized by this subsection, also prepare instructions for use of the ranked ballot. The ranked ballot for the consolidated election shall be mailed to the voter at the same time that the ballot for the consolidated primary election is mailed to the voter and the election authority shall accept the completed ranked ballot for the consolidated election when the authority accepts the completed ballot for the consolidated primary election.

The voter shall also be sent a vote by mail ballot for the consolidated election for those races that are not related to the results of the consolidated primary election as soon as the consolidated election ballot is certified.

The State Board of Elections shall adopt rules for election authorities for the implementation of this subsection, including, but not limited to, the application for and counting of ranked ballots.

(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

(10 ILCS 5/16-5.02 new)

Sec. 16-5.02. Ranked ballot; nonpartisan primary elections.

(a) The State Board of Elections is authorized to adopt rules mandating all election authorities to conduct all State, local, and federal primary elections, excluding the presidential primary, utilizing a ranked ballot method.

(b) This Section only applies if more than 2 candidates have been nominated for an office.

(c) All qualified voters shall be permitted to vote for the candidate of their choice in a primary election regardless of the voter's political party affiliation.

(d) Any person who meets the primary election qualifications may petition as a candidate in a primary election as a member of the political party in which the candidate is registered.

(e) All candidates shall be listed on a single primary ballot. The ballot shall clearly designate the party in which each candidate is registered. The top 2 candidates as determined by the ranked ballot method shall advance to the general election regardless of political party affiliation. The winner of the election shall be the candidate that receives the greatest number of votes cast in the general election.

(f) For offices subject to the ranked ballot method, the ballot shall be simple and easy to understand and allow a voter to rank candidates for an office based on preference.

(g) Instructions on the ballot shall conform substantially to the following specifications:

"Vote for candidates by indicating your first-choice candidates in order of preference. Indicate your first choice by marking the number "1" beside a candidate's name, your second choice by marking the number "2" beside a candidate's name, your third choice by marking a number "3" beside a candidate's name, and so on in ascending numerical order.

You may choose to rank only one candidate, but ranking additional candidates will not hurt the chances of your first-choice candidate. You may not rank more than 5 candidates. Do not mark the same number beside more than one candidate. Do not skip numbers."

(h) A sample ballot for an office subject to the ranked ballot method shall illustrate the voting procedure for the ranked ballot method. A sample ballot shall be included with each absentee ballot.

(i) The State Board of Elections shall conduct a voter education campaign on the ranked ballot system to familiarize voters with the ballot design, method of voting, and advantages of determining a majority winner in a single election.