103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2268

 

Introduced 2/10/2023, by Sen. Omar Aquino

 

SYNOPSIS AS INTRODUCED:
 
5 ILCS 20/2  from Ch. 1, par. 103
5 ILCS 20/4  from Ch. 1, par. 106
10 ILCS 5/16-3  from Ch. 46, par. 16-3
10 ILCS 5/16-6  from Ch. 46, par. 16-6

    Amends the Illinois Constitutional Amendment Act. Provides that at least 2 months before the next election of members of the General Assembly, following the passage of a proposed amendment, the Secretary of State shall publish the amendment in a specified number of newspapers of general circulation in every county in the State in which a newspaper is published and its digital equivalent (instead of only newspapers of general circulation in every county in the State in which a newspaper is published). Provides that at the election, a proposed amendment and explanation shall be printed on the top of the ballot preceding all nominations of any political party (instead of upon a separate ballot). Amends the Election Code. Provides that whenever one or more proposals for amendment of the constitution or the calling of a constitutional convention or any combination thereof is or are to be voted upon by the people, the proposition or propositions for the adoption or rejection of such amendment or amendments or convention shall be submitted upon the same, single "Official Ballot" containing the names of candidates for State and other offices to be voted at such election (instead of a ballot separate from the "Official Ballot"). Provides that a proposal for amendment of the constitution or the calling of a constitutional amendment or any combination thereof shall be printed at the top of the "Official Ballot" preceding the names of candidates for State and other offices to be voted at such election; and that the proposition or propositions shall be printed upon plain white paper with no shading, highlighting, or other distinct markings and shall include the official title of the section so named to be added or amended in the Constitution. Provides that included with the ballot (instead of on the back or outside of the ballot so as to appear when folded) there shall be a printed notice with the words "CONSTITUTION AMENDMENT" (instead of "CONSTITUTION BALLOT"). Removes language concerning a separate ballot. Makes other changes.


LRB103 26374 BMS 57022 b

 

 

A BILL FOR

 

SB2268LRB103 26374 BMS 57022 b

1    AN ACT concerning State government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Constitutional Amendment Act is
5amended by changing Sections 2 and 4 as follows:
 
6    (5 ILCS 20/2)  (from Ch. 1, par. 103)
7    Sec. 2. (a) The General Assembly in submitting an
8amendment to the Constitution to the electors, or the
9proponents of an amendment to Article IV of the Constitution
10submitted by petition, shall prepare a brief explanation of
11such amendment, a brief argument in favor of the same, and the
12form in which such amendment will appear on the separate
13ballot as provided by Section 16-6 of the Election Code, as
14amended. The minority of the General Assembly, or if there is
15no minority, anyone designated by the General Assembly shall
16prepare a brief argument against such amendment. The
17explanation, the arguments for and against each constitutional
18amendment, and the form in which the amendment will appear on
19the separate ballot shall be approved by a joint resolution of
20the General Assembly and filed in the office of the Secretary
21of State with the proposed amendment.
22    (b) In the case of an amendment to Article IV of the
23Constitution initiated pursuant to Section 3 of Article XIV of

 

 

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1the Constitution, the proponents shall be those persons so
2designated at the time of the filing of the petition as
3provided in Section 10-8 of the Election Code, and the
4opponents shall be those members of the General Assembly
5opposing such amendment, or if there are none, anyone
6designated by the General Assembly and such opponents shall
7prepare a brief argument against such amendment. The
8proponent's explanation and argument in favor of and the
9opponents argument against an amendment to Article IV
10initiated by petition must be submitted to the Attorney
11General, who may rewrite them for accuracy and fairness. The
12explanation, the arguments for and against each constitutional
13amendment, and the form in which the amendment will appear on
14the separate ballot shall be filed in the office of the
15Secretary of State with the proposed amendment.
16    (c) At least 2 months before the next election of members
17of the General Assembly, following the passage of the proposed
18amendment, the Secretary of State shall publish the amendment,
19in full in 8 point type, or the equivalent thereto, in at least
20one secular newspaper of general circulation in every county
21in this State in which a newspaper is published and its digital
22equivalent. In counties in which 2 or more newspapers are
23published, the Secretary of State shall cause such amendment
24to be published in 2 newspapers and their digital equivalent.
25In counties having a population of 500,000 or more, such
26amendment shall be published in not less than 6 newspapers of

 

 

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1general circulation and their digital equivalent. After the
2first publication, the publication of such amendment shall be
3repeated once each week for 2 consecutive weeks. In selecting
4newspapers in which to publish such amendment the Secretary of
5State shall have regard solely to the circulation of such
6newspapers, selecting secular newspapers in every case having
7the largest circulation. The proposed amendment shall have a
8notice prefixed thereto in said publications, that at such
9election the proposed amendment will be submitted to the
10electors for adoption or rejection, and at the end of the
11official publication, he shall also publish the form in which
12the proposed amendment will appear on the separate ballot. The
13Secretary of State shall fix the publication fees to be paid
14newspapers for making such publication, but in no case shall
15such publication fee exceed the amount charged by such
16newspapers to private individuals for a like publication.
17    (d) In addition to the notice hereby required to be
18published, the Secretary of State shall also cause the
19existing form of the constitutional provision proposed to be
20amended, the proposed amendment, the explanation of the same,
21the arguments for and against the same, and the form in which
22such amendment will appear on the separate ballot, to be
23published in pamphlet form in 8 point type or the equivalent
24thereto in English, in additional languages as required by
25Section 203 of Title III of the federal Voting Rights Act of
261965, and in braille. The Secretary of State shall publish the

 

 

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1pamphlet on the Secretary's website in a downloadable,
2printable format and maintain a reasonable supply of printed
3pamphlets to be available upon request. The Secretary of State
4shall publish an audio version of the pamphlet, which shall be
5available for playback on the Secretary's website and made
6available to any individual or entity upon request.
7    (e) Except as provided in subsection (f), the Secretary of
8State shall mail such pamphlet to every mailing address in the
9State, addressed to the attention of the Postal Patron. He
10shall also maintain a reasonable supply of such pamphlets so
11as to make them available to any person requesting one.
12    (f) For any proposed constitutional amendment appearing on
13the ballot for the general election on November 8, 2022, the
14Secretary of State, in lieu of the requirement in subsection
15(e) of this Act, shall mail a postcard to every mailing address
16in the State advising that a proposed constitutional amendment
17will be considered at the general election. The postcard shall
18include a URL to the Secretary of State's website that
19contains the information required in subsection (d).
20(Source: P.A. 102-699, eff. 4-19-22.)
 
21    (5 ILCS 20/4)  (from Ch. 1, par. 106)
22    Sec. 4. At the election, the proposed amendment and
23explanation shall be printed on the top of the "Official
24Ballot" preceding all nominations of any political party upon
25a single the separate ballot in accordance with the provisions

 

 

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1of Section 16-6 of the Election Code "An Act concerning
2elections," approved May 11, 1943, as amended.
3(Source: Laws 1949, p. 18.)
 
4    Section 10. The Election Code is amended by changing
5Sections 16-3 and 16-6 as follows:
 
6    (10 ILCS 5/16-3)  (from Ch. 46, par. 16-3)
7    Sec. 16-3. (a) The names of all candidates to be voted for
8in each election district or precinct shall be printed on one
9ballot, except as is provided in Sections 16-6, 16-6.1, and
1021-1.01 of this Code Act and except as otherwise provided in
11this Code Act with respect to the odd year regular elections
12and the emergency referenda; all nominations of any political
13party being placed under the party appellation or title of
14such party as designated in the certificates of nomination or
15petitions. The names of all independent candidates shall be
16printed upon the ballot in a column or columns under the
17heading "independent" arranged under the names or titles of
18the respective offices for which such independent candidates
19shall have been nominated and so far as practicable, the name
20or names of any independent candidate or candidates for any
21office shall be printed upon the ballot opposite the name or
22names of any candidate or candidates for the same office
23contained in any party column or columns upon said ballot. The
24ballot shall contain no other names, except that in cases of

 

 

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1electors for President and Vice-President of the United
2States, the names of the candidates for President and
3Vice-President may be added to the party designation and words
4calculated to aid the voter in his choice of candidates may be
5added, such as "Vote for one," "Vote for not more than three."
6If no candidate or candidates file for an office and if no
7person or persons file a declaration as a write-in candidate
8for that office, then below the title of that office the
9election authority instead shall print "No Candidate". When an
10electronic voting system is used which utilizes a ballot label
11booklet, the candidates and questions shall appear on the
12pages of such booklet in the order provided by this Code; and,
13in any case where candidates for an office appear on a page
14which does not contain the name of any candidate for another
15office, and where less than 50% of the page is utilized, the
16name of no candidate shall be printed on the lowest 25% of such
17page. On the back or outside of the ballot, so as to appear
18when folded, shall be printed the words "Official Ballot",
19followed by the designation of the polling place for which the
20ballot is prepared, the date of the election and a facsimile of
21the signature of the election authority who has caused the
22ballots to be printed. The ballots shall be of plain white
23paper, through which the printing or writing cannot be read.
24However, ballots for use at the nonpartisan and consolidated
25elections may be printed on different color paper, except blue
26paper, whenever necessary or desirable to facilitate

 

 

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1distinguishing between ballots for different political
2subdivisions. In the case of nonpartisan elections for
3officers of a political subdivision, unless the statute or an
4ordinance adopted pursuant to Article VII of the Constitution
5providing the form of government therefor requires otherwise,
6the column listing such nonpartisan candidates shall be
7printed with no appellation or circle at its head. The party
8appellation or title, or the word "independent" at the head of
9any column provided for independent candidates, shall be
10printed in letters not less than one-fourth of an inch in
11height and a circle one-half inch in diameter shall be printed
12at the beginning of the line in which such appellation or title
13is printed, provided, however, that no such circle shall be
14printed at the head of any column or columns provided for such
15independent candidates. The names of candidates shall be
16printed in letters not less than one-eighth nor more than
17one-fourth of an inch in height, and at the beginning of each
18line in which a name of a candidate is printed a square shall
19be printed, the sides of which shall be not less than
20one-fourth of an inch in length. However, the names of the
21candidates for Governor and Lieutenant Governor on the same
22ticket shall be printed within a bracket and a single square
23shall be printed in front of the bracket. The list of
24candidates of the several parties and any such list of
25independent candidates shall be placed in separate columns on
26the ballot in such order as the election authorities charged

 

 

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1with the printing of the ballots shall decide; provided, that
2the names of the candidates of the several political parties,
3certified by the State Board of Elections to the several
4county clerks shall be printed by the county clerk of the
5proper county on the official ballot in the order certified by
6the State Board of Elections. Any county clerk refusing,
7neglecting or failing to print on the official ballot the
8names of candidates of the several political parties in the
9order certified by the State Board of Elections, and any
10county clerk who prints or causes to be printed upon the
11official ballot the name of a candidate, for an office to be
12filled by the Electors of the entire State, whose name has not
13been duly certified to him upon a certificate signed by the
14State Board of Elections shall be guilty of a Class C
15misdemeanor.
16    (b) When an electronic voting system is used which
17utilizes a ballot card, on the inside flap of each ballot card
18envelope there shall be printed a form for write-in voting
19which shall be substantially as follows:
20
WRITE-IN VOTES
21    (See card of instructions for specific information.
22Duplicate form below by hand for additional write-in votes.)  
23     .............................  
24     Title of Office
25(   ) .............................  
26     Name of Candidate

 

 

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1    Write-in lines equal to the number of candidates for which
2a voter may vote shall be printed for an office only if one or
3more persons filed declarations of intent to be write-in
4candidates or qualify to file declarations to be write-in
5candidates under Sections 17-16.1 and 18-9.1 when the
6certification of ballot contains the words "OBJECTION
7PENDING".
8    (c) When an electronic voting system is used which uses a
9ballot sheet, the instructions to voters on the ballot sheet
10shall refer the voter to the card of instructions for specific
11information on write-in voting. Below each office appearing on
12such ballot sheet there shall be a provision for the casting of
13a write-in vote. Write-in lines equal to the number of
14candidates for which a voter may vote shall be printed for an
15office only if one or more persons filed declarations of
16intent to be write-in candidates or qualify to file
17declarations to be write-in candidates under Sections 17-16.1
18and 18-9.1 when the certification of ballot contains the words
19"OBJECTION PENDING".
20    (d) When such electronic system is used, there shall be
21printed on the back of each ballot card, each ballot card
22envelope, and the first page of the ballot label when a ballot
23label is used, the words "Official Ballot," followed by the
24number of the precinct or other precinct identification, which
25may be stamped, in lieu thereof and, as applicable, the number
26and name of the township, ward or other election district for

 

 

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1which the ballot card, ballot card envelope, and ballot label
2are prepared, the date of the election and a facsimile of the
3signature of the election authority who has caused the ballots
4to be printed. The back of the ballot card shall also include a
5method of identifying the ballot configuration such as a
6listing of the political subdivisions and districts for which
7votes may be cast on that ballot, or a number code identifying
8the ballot configuration or color coded ballots, except that
9where there is only one ballot configuration in a precinct,
10the precinct identification, and any applicable ward
11identification, shall be sufficient. Ballot card envelopes
12used in punch card systems shall be of paper through which no
13writing or punches may be discerned and shall be of sufficient
14length to enclose all voting positions. However, the election
15authority may provide ballot card envelopes on which no
16precinct number or township, ward or other election district
17designation, or election date are preprinted, if space and a
18preprinted form are provided below the space provided for the
19names of write-in candidates where such information may be
20entered by the judges of election. Whenever an election
21authority utilizes ballot card envelopes on which the election
22date and precinct is not preprinted, a judge of election shall
23mark such information for the particular precinct and election
24on the envelope in ink before tallying and counting any
25write-in vote written thereon. If some method of insuring
26ballot secrecy other than an envelope is used, such

 

 

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1information must be provided on the ballot itself.
2    (e) In the designation of the name of a candidate on the
3ballot, the candidate's given name or names, initial or
4initials, a nickname by which the candidate is commonly known,
5or a combination thereof, may be used in addition to the
6candidate's surname. If a candidate has changed his or her
7name, whether by a statutory or common law procedure in
8Illinois or any other jurisdiction, within 3 years before the
9last day for filing the petition for nomination, nomination
10papers, or certificate of nomination for that office,
11whichever is applicable, then (i) the candidate's name on the
12ballot must be followed by "formerly known as (list all prior
13names during the 3-year period) until name changed on (list
14date of each such name change)" and (ii) the petition, papers,
15or certificate must be accompanied by the candidate's
16affidavit stating the candidate's previous names during the
17period specified in (i) and the date or dates each of those
18names was changed; failure to meet these requirements shall be
19grounds for denying certification of the candidate's name for
20the ballot or removing the candidate's name from the ballot,
21as appropriate, but these requirements do not apply to name
22changes resulting from adoption to assume an adoptive parent's
23or parents' surname, marriage or civil union to assume a
24spouse's surname, or dissolution of marriage or civil union or
25declaration of invalidity of marriage or civil union to assume
26a former surname or a name change that conforms the

 

 

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1candidate's name to his or her gender identity. No other
2designation such as a political slogan, title, or degree or
3nickname suggesting or implying possession of a title, degree
4or professional status, or similar information may be used in
5connection with the candidate's surname. For purposes of this
6Section, a "political slogan" is defined as any word or words
7expressing or connoting a position, opinion, or belief that
8the candidate may espouse, including, but not limited to, any
9word or words conveying any meaning other than that of the
10personal identity of the candidate. A candidate may not use a
11political slogan as part of his or her name on the ballot,
12notwithstanding that the political slogan may be part of the
13candidate's name.
14    (f) The State Board of Elections, a local election
15official, or an election authority shall remove any
16candidate's name designation from a ballot that is
17inconsistent with subsection (e) of this Section. In addition,
18the State Board of Elections, a local election official, or an
19election authority shall not certify to any election authority
20any candidate name designation that is inconsistent with
21subsection (e) of this Section.
22    (g) If the State Board of Elections, a local election
23official, or an election authority removes a candidate's name
24designation from a ballot under subsection (f) of this
25Section, then the aggrieved candidate may seek appropriate
26relief in circuit court.

 

 

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1    Where voting machines or electronic voting systems are
2used, the provisions of this Section may be modified as
3required or authorized by Article 24 or Article 24A, whichever
4is applicable.
5    Nothing in this Section shall prohibit election
6authorities from using or reusing ballot card envelopes which
7were printed before January 1, 1986 (the effective date of
8Public Act 84-820) this amendatory Act of 1985.
9(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
 
10    (10 ILCS 5/16-6)  (from Ch. 46, par. 16-6)
11    Sec. 16-6. Whenever one or more proposals for amendment of
12the constitution or the calling of a constitutional convention
13or any combination thereof is or are to be voted upon by the
14people, the proposition or propositions for the adoption or
15rejection of such amendment or amendments or convention shall
16be submitted upon the same, single a ballot separate from the
17"Official Ballot" containing the names of candidates for State
18and other offices to be voted at such election. Such
19proposition or propositions shall be printed at the top of the
20"Official Ballot" preceding the names of candidates for State
21and other offices to be voted at such election. Such
22proposition or propositions shall be printed upon plain white
23paper with no shading, highlighting, or other distinct
24markings and shall include the official title of the section
25so named to be added or amended in the Constitution. Such

 

 

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1separate ballot shall be printed upon paper of a distinctly
2blue color and shall, as near as may be practicable, be of
3uniform size and blue color, but any variation in the size of
4such ballots or in the tincture of blue employed shall not
5affect or impair the validity thereof. Preceding each proposal
6to amend the constitution shall be printed the brief
7explanation of the amendment, prepared by the General
8Assembly, or in the case of a proposed amendment initiated by
9petition pursuant to Section 3 of Article XIV of the
10Constitution of the State of Illinois by the principal
11proponents of the amendment as approved by the Attorney
12General, and immediately below the explanation, the
13proposition shall be printed in substantially the following
14form:
15-------------------------------------------------------------
16       YES         For the proposed amendment -
17----------     to Article ______ (or Section
18       NO       _______ of Article ______) of
19                the Constitution.
20-------------------------------------------------------------
21    In the case of a proposition for the calling of a
22constitutional convention, such proposition shall be printed
23in substantially the following form:
24-------------------------------------------------------------
25       YES            For the calling -
26----------       of a Constitutional

 

 

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1       NO         Convention.
2-------------------------------------------------------------
3    Included with the ballot there On the back or outside of
4the ballot so as to appear when folded, shall be a printed
5notice with the words "CONSTITUTION AMENDMENT BALLOT",
6followed by the designation of the polling place for which the
7ballot is prepared, the date of the election and a facsimile of
8the signature of the clerk or other officer who has caused the
9ballots to be printed. Immediately above the words
10"CONSTITUTION AMENDMENT BALLOT" in the case of a proposition
11for the calling of a constitutional convention or a
12proposition to amend the Constitution the following legend
13shall be printed in bold face type:
14
"NOTICE
15    THE FAILURE TO VOTE THIS BALLOT MAY BE THE EQUIVALENT OF A
16NEGATIVE VOTE, BECAUSE A CONVENTION SHALL BE CALLED OR THE
17AMENDMENT SHALL BECOME EFFECTIVE IF APPROVED BY EITHER
18THREE-FIFTHS OF THOSE VOTING ON THE QUESTION OR A MAJORITY OF
19THOSE VOTING IN THE ELECTION. (THIS IS NOT TO BE CONSTRUED AS A
20DIRECTION THAT YOUR VOTE IS REQUIRED TO BE CAST EITHER IN FAVOR
21OF OR IN OPPOSITION TO THE PROPOSITION HEREIN CONTAINED.)
22    WHETHER YOU VOTE THIS BALLOT OR NOT YOU MUST RETURN IT TO
23THE ELECTION JUDGE WHEN YOU LEAVE THE VOTING BOOTH".
24    If a proposition for the calling of a constitutional
25convention is submitted at the same election as one or more
26propositions to amend the constitution, the proposition for

 

 

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1the calling of a constitutional convention shall be printed at
2the top of the ballot. In such case, the constitution
3amendment notice the back or outside of the ballot shall be
4printed the same as if it were a proposal solely to amend the
5constitution.
6    Where voting machines or electronic voting systems are
7used, the provisions of this Section may be modified as
8required or authorized by Article 24 or Article 24A, whichever
9is applicable.
10(Source: P.A. 97-766, eff. 7-6-12.)