093_HB3301
LRB093 11139 JAM 11967 b
1 AN ACT in relation to elections.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Election Code is amended by adding
5 Sections 7-80, 16-15, and 17-50 as follows:
6 (10 ILCS 5/7-80 new)
7 Sec. 7-80. Municipal run-off. Any provision of this
8 Article to the contrary notwithstanding, the election
9 authority of a municipality may conduct instant run-off
10 elections as provided in the Illinois Municipal Code. Any
11 provision of this Article that would otherwise preclude an
12 instant run-off election is deemed inapplicable to instant
13 run-off elections conducted in accordance with the Illinois
14 Municipal Code.
15 (10 ILCS 5/16-15 new)
16 Sec. 16-15. Municipal run-off. Any provision of this
17 Article to the contrary notwithstanding, the election
18 authority of a municipality may prepare instant run-off
19 election ballots as provided in the Illinois Municipal Code.
20 Any provision of this Article that would otherwise preclude
21 an instant run-off election ballot is deemed inapplicable to
22 instant run-off election ballots prepared in accordance with
23 the Illinois Municipal Code.
24 (10 ILCS 5/17-50 new)
25 Sec. 17-50. Municipal run-off. Any provision of this
26 Article to the contrary notwithstanding, the election
27 authority of a municipality may conduct instant run-off
28 elections as provided in the Illinois Municipal Code. Any
29 provision of this Article that would otherwise preclude an
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1 instant run-off election is deemed inapplicable to instant
2 run-off elections conducted in accordance with the Illinois
3 Municipal Code.
4 Section 10. The Illinois Municipal Code is amended by
5 adding Sections 3.1-15-45, 3.1-15-50, and 3.1-15-55 as
6 follows:
7 (65 ILCS 5/3.1-15-45 new)
8 Sec. 3.1-15-45. Instant runoff voting.
9 (a) Whenever the question of incorporation as a city
10 under this Code is submitted for adoption to the electors of
11 any territory, village, incorporated town, or city under
12 special charter, there may be submitted at the same time for
13 adoption or rejection the question of instant runoff voting
14 for mayor, city clerk, city treasurer, and city councilman or
15 alderman. The proposition shall be in the following form:
16 Shall instant runoff voting for mayor, city clerk, city
17 treasurer, and city councilman or alderman be adopted?
18 (b) If a majority of the votes cast on the question at
19 any election are for instant runoff voting for mayor, city
20 clerk, city treasurer, and city councilman or alderman, the
21 mayor, city clerk, city treasurer, and city councilman or
22 alderman, except as otherwise provided, thereafter shall be
23 elected as provided in Section 3.1-15-50.
24 (c) If a majority of the votes cast on the question at
25 any election are against instant runoff voting for mayor,
26 city clerk, city treasurer, and city councilman or alderman,
27 the mayor, city clerk, city treasurer, and city councilman or
28 alderman shall be elected as otherwise provided in this Code.
29 (d) At any time after the incorporation of a city under
30 this Code, on petition of electors equal in number to
31 one-eighth the number of legal votes cast at the next
32 preceding general municipal election, the city clerk shall
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1 certify the question of the adoption or retention of instant
2 runoff voting to the proper election authority for submission
3 to the electors of that city. The proposition shall be in the
4 same form as provided in this Section, except that the word
5 "retained" shall be substituted for the word "adopted" when
6 appropriate. A question of instant runoff voting, however,
7 shall not be submitted more than once within 32 months.
8 (65 ILCS 5/3.1-15-50 new)
9 Sec. 3.1-15-50. Mayor, city clerk, city treasurer, and
10 city councilman or alderman under instant runoff voting plan.
11 (a) The ballot shall be designed to allow an elector to
12 vote for the elector's first, second, and third choices from
13 among the candidates, including candidates listed on the
14 ballot or one write-in candidate.
15 (b) Ballots shall be counted as follows:
16 (1) The elector's vote shall be assigned to the
17 candidate marked as the elector's first choice. If one
18 candidate receives a majority of the first-choice votes,
19 that candidate shall be declared nominated.
20 (2) If no candidate receives a majority of the
21 first-choice votes, the candidate receiving the fewest
22 first-choice votes shall be eliminated. Each vote cast
23 for the eliminated candidate shall be transferred to the
24 candidate who was each elector's next choice on the
25 ballot.
26 (3) Candidates with the fewest votes shall continue
27 to be eliminated, with the votes for those candidates
28 transferred to the candidate who was each elector's next
29 choice on the ballot until a candidate receives a
30 majority of the votes cast. When a candidate receives a
31 majority of votes, that candidate shall be declared
32 nominated.
33 (4) Notwithstanding any provision of this Section,
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1 a candidate shall be eliminated before the first tally of
2 ballots if the candidate receives fewer than 500 votes,
3 or fewer than 10% of the total votes cast for the
4 nomination, whichever is less.
5 (C) An elector may vote the elector's choices as
6 follows:
7 (1) For each office for which there are 3 or more
8 candidates listed on the ballot, an elector may indicate
9 3 choices.
10 (2) For each office for which there are 2
11 candidates listed on the ballot, an elector may indicate
12 2 choices.
13 (3) For each office for which there is one or no
14 candidate listed on the ballot, an elector may indicate
15 one choice.
16 (d) If all candidates for whom an elector voted on a
17 ballot are eliminated, the ballot shall be declared exhausted
18 and may not be considered in any continuing determination of
19 whether a candidate for the nomination received a majority of
20 votes cast. If the ballot of an elector does not list the
21 elector's choices in numerical order, the elector's next
22 clearly indicated choice in order shall be counted. If an
23 elector's ballot assigns the same numeric choice to more than
24 one candidate, those assignments are invalid, and the
25 elector's vote is transferred to the next numeric choice, if
26 any.
27 (e) If 2 or more candidates for the same nomination or
28 election, after a recount of the votes cast, have an equal
29 number of votes at any stage of the counting of the votes and
30 one of the candidates is to be eliminated, the tie shall be
31 resolved by lot.
32 (65 ILCS 5/3.1-15-55 new)
33 Sec. 3.1-15-55. Instant runoff election validation. In
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1 any case in which a city held an election for city officers,
2 such election is declared to be legal and valid if an instant
3 runoff method was used, as described in Section 3.1-15-45, if
4 the election was in other respects in conformity with law.