HB4011 93RD GENERAL ASSEMBLY

LRB093 14644 JAM 40157 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4011

Introduced 1/14/2004, by Paul D. Froehlich, Barbara Flynn Currie, Elaine Nekritz, Julie Hamos

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-80 new
10 ILCS 5/16-15 new
10 ILCS 5/17-50 new
65 ILCS 5/3.1-15-45 new
65 ILCS 5/3.1-15-50 new
65 ILCS 5/3.1-15-55 new

Amends the Election Code and the Illinois Municipal Code. Authorizes municipalities by referendum to adopt an instant run-off voting method for the nonpartisan offices of mayor, city clerk, city treasurer, and city councilman or alderman from single-member districts. Provides procedures for marking and counting ballots. Declares that a municipal election using instant runoff voting is valid if it otherwise conformed to law. Effective immediately.

A BILL FOR

AN ACT in relation to 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 adding Sections 7-80, 16-15, and 17-50 as follows:

(10 ILCS 5/7-80 new)

Sec. 7-80. Municipal run-off. Any provision of this Article to the contrary notwithstanding, the election authority of a municipality may conduct instant run-off elections as provided in the Illinois Municipal Code. Any provision of this Article that would otherwise preclude an instant run-off election is deemed inapplicable to instant run-off elections conducted in accordance with the Illinois Municipal Code.

(10 ILCS 5/16-15 new)

Sec. 16-15. Municipal run-off. Any provision of this Article to the contrary notwithstanding, the election authority of a municipality may prepare instant run-off election ballots as provided in the Illinois Municipal Code. Any provision of this Article that would otherwise preclude an instant run-off election ballot is deemed inapplicable to instant run-off election ballots prepared in accordance with the Illinois Municipal Code.

(10 ILCS 5/17-50 new)

Sec. 17-50. Municipal run-off. Any provision of this Article to the contrary notwithstanding, the election authority of a municipality may conduct instant run-off elections as provided in the Illinois Municipal Code. Any provision of this Article that would otherwise preclude an instant run-off election is deemed inapplicable to instant run-off elections conducted in accordance with the Illinois Municipal Code.

Section 10. The Illinois Municipal Code is amended by adding Sections 3.1-15-45, 3.1-15-50, and 3.1-15-55 as follows:

(65 ILCS 5/3.1-15-45 new)

Sec. 3.1-15-45. Instant runoff voting.

(a) Whenever the question of incorporation as a city under this Code is submitted for adoption to the electors of any territory, village, incorporated town, or city under special charter, there may be submitted at the same time for adoption or rejection the question of instant runoff voting for mayor, city clerk, city treasurer, and city councilman or alderman, provided that those offices are to be nonpartisan and that the councilmen or aldermen are to be elected from single-member districts. The proposition shall be in the following form: Shall instant runoff voting for mayor, city clerk, city treasurer, and city councilman or alderman be adopted?

(b) If a majority of the votes cast on the question at any election are for instant runoff voting for mayor, city clerk, city treasurer, and city councilman or alderman, the mayor, city clerk, city treasurer, and city councilman or alderman, except as otherwise provided, thereafter shall be elected as provided in Section 3.1-15-50.

(c) If a majority of the votes cast on the question at any election are against instant runoff voting for mayor, city clerk, city treasurer, and city councilman or alderman, the mayor, city clerk, city treasurer, and city councilman or alderman shall be elected as otherwise provided in this Code.

(d) At any time after the incorporation of a city under this Code, on petition of electors equal in number to one-eighth the number of legal votes cast at the next preceding consolidated election, the city clerk shall certify the question of the adoption or retention of instant runoff voting to the proper election authority for submission to the electors of that city. The proposition shall be in the same form as provided in this Section, except that the word "retained" shall be substituted for the word "adopted" when appropriate. A question of instant runoff voting, however, shall not be submitted more than once within 32 months.

(65 ILCS 5/3.1-15-50 new)

Sec. 3.1-15-50. Mayor, city clerk, city treasurer, and city councilman or alderman under instant runoff voting plan.

(a) The ballot shall be designed to allow an elector to vote for the elector's first, second, and third choices from among the candidates, including candidates listed on the ballot or one write-in candidate.

(b) Ballots shall be counted as follows:

(1) The elector's vote shall be assigned to the candidate marked as the elector's first choice. If one candidate receives a majority of the first-choice votes, that candidate shall be declared elected.

(2) If no candidate receives a majority of the first-choice votes, the candidate receiving the fewest first-choice votes shall be eliminated. Each vote cast for the eliminated candidate shall be transferred to the candidate who was each elector's next choice on the ballot.

(3) Candidates with the fewest votes shall continue to be eliminated, with the votes for those candidates transferred to the candidate who was each elector's next choice on the ballot until a candidate receives a majority of the votes cast. When a candidate receives a majority of votes, that candidate shall be declared elected.

(4) Notwithstanding any provision of this Section, a candidate shall be eliminated before the first tally of ballots if the candidate receives fewer than 500 votes, or fewer than 10% of the total votes cast for that office, whichever is less.

(c) An elector may vote the elector's choices as follows:

(1) For each office for which there are 3 or more candidates listed on the ballot, an elector may indicate 3 choices.

(2) For each office for which there are 2 candidates listed on the ballot, an elector may indicate 2 choices.

(3) For each office for which there is one or no candidate listed on the ballot, an elector may indicate one choice.

(d) If all candidates for whom an elector voted on a ballot are eliminated, the ballot shall be declared exhausted and may not be considered in any continuing determination of whether a candidate received a majority of votes cast. If the ballot of an elector does not list the elector's choices in numerical order, the elector's next clearly indicated choice in order shall be counted. If an elector's ballot assigns the same numeric choice to more than one candidate, those assignments are invalid, and the elector's vote is transferred to the next numeric choice, if any.

(e) If 2 or more candidates for the same office, after a recount of the votes cast, have an equal number of votes at any stage of the counting of the votes and one of the candidates is to be eliminated, the tie shall be resolved by lot.

(65 ILCS 5/3.1-15-55 new)

Sec. 3.1-15-55. Instant runoff election validation. In any case in which a city held an election for city officers, such election is declared to be legal and valid if an instant runoff method was used, as described in Section 3.1-15-45, if the election was in other respects in conformity with law.

Section 99. Effective date. This Act takes effect upon becoming law.