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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | ||||||||||||||||||||||||||
5 | Sections 21-1 and 21-2 as follows:
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6 | (10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
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7 | Sec. 21-1. Choosing and election of electors of President | ||||||||||||||||||||||||||
8 | and
Vice-President of the United States shall be in the | ||||||||||||||||||||||||||
9 | following manner:
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10 | (a) In each year in which a President and Vice-President of | ||||||||||||||||||||||||||
11 | the United
States are chosen, each political party or group in | ||||||||||||||||||||||||||
12 | this State shall choose
by its State Convention electors of | ||||||||||||||||||||||||||
13 | President and Vice-President of the
United States and such | ||||||||||||||||||||||||||
14 | State Convention of such party or group shall also
choose | ||||||||||||||||||||||||||
15 | electors at large, if any are to be appointed for this State | ||||||||||||||||||||||||||
16 | and
such State Convention of such party or group shall by its | ||||||||||||||||||||||||||
17 | chairman and
secretary certify the total list of such electors , | ||||||||||||||||||||||||||
18 | designating one elector for each congressional district in the | ||||||||||||||||||||||||||
19 | State, together with electors at
large so chosen to the State | ||||||||||||||||||||||||||
20 | Board of Elections.
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21 | The filing of such certificate with the Board, of such | ||||||||||||||||||||||||||
22 | choosing of
electors shall be deemed and taken to be the | ||||||||||||||||||||||||||
23 | choosing and selection of the
electors of this State, if such | ||||||||||||||||||||||||||
24 | party or group is successful at the polls
as herein provided in | ||||||||||||||||||||||||||
25 | choosing their candidates for President and
Vice-President of | ||||||||||||||||||||||||||
26 | the United States.
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27 | (b) The names of the candidates of the several political | ||||||||||||||||||||||||||
28 | parties or
groups for electors of President and Vice-President | ||||||||||||||||||||||||||
29 | shall not be printed on
the official ballot to be voted in the | ||||||||||||||||||||||||||
30 | election to be held on the day in
this Act above named. In lieu | ||||||||||||||||||||||||||
31 | of the names of the candidates for such
electors of President | ||||||||||||||||||||||||||
32 | and Vice-President, immediately under the appellation
of party |
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1 | name of a party or group in the column of its candidates on the
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2 | official ballot, to be voted at said election first above named | ||||||
3 | in
subsection (1) of Section 2A-1.2 and Section 2A-2, there | ||||||
4 | shall be printed
within a bracket the name of the candidate for
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5 | President and the name of the candidate for Vice-President of | ||||||
6 | such party or
group with a square to the left of such bracket. | ||||||
7 | Each voter in this State
from the several lists or sets of | ||||||
8 | electors so chosen and selected by the
said respective | ||||||
9 | political parties or groups for each congressional district and | ||||||
10 | at large , may choose and elect one of
such lists or sets of | ||||||
11 | electors by placing a cross in the square to the left
of the | ||||||
12 | bracket aforesaid of one of such parties or groups. Placing a | ||||||
13 | cross
within the square before the bracket enclosing the names | ||||||
14 | of President and
Vice-President shall not be deemed and taken | ||||||
15 | as a direct vote for such
candidates for President and | ||||||
16 | Vice-President, or either of them, but shall
only be deemed and | ||||||
17 | taken to be a vote for the entire list or set of
electors | ||||||
18 | chosen for that congressional district and at large by that | ||||||
19 | political party or group so certified to the State
Board of | ||||||
20 | Elections as herein provided. Voting by means of placing a | ||||||
21 | cross
in the appropriate place preceding the appellation or | ||||||
22 | title of the
particular political party or group, shall not be | ||||||
23 | deemed or taken as a
direct vote for the candidates for | ||||||
24 | President and Vice-President, or either
of them, but instead to | ||||||
25 | the Presidential vote, as a vote for the entire
list or set of | ||||||
26 | electors chosen by that political party or group so
certified | ||||||
27 | to the State Board of Elections as herein provided.
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28 | (c) Such certification by the respective political parties | ||||||
29 | or groups in
this State of electors of President and | ||||||
30 | Vice-President shall be made to the
State Board of Elections | ||||||
31 | within 2 days after such State convention.
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32 | (d) Should more than one certificate of choice and | ||||||
33 | selection of electors
of the same political party or group be | ||||||
34 | filed by contesting conventions or
contesting groups, it shall | ||||||
35 | be the duty of the State Board of Elections
within 10 days | ||||||
36 | after the adjournment of the last of such conventions to
meet |
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1 | and determine which set of nominees for electors of such party | ||||||
2 | or
group was chosen and selected by the authorized convention | ||||||
3 | of such party or
group. The Board, after notice to the chairman | ||||||
4 | and secretaries or managers
of the conventions or groups and | ||||||
5 | after a hearing shall determine which set
of electors was so | ||||||
6 | chosen by the authorized convention and shall so
announce and | ||||||
7 | publish the fact, and such decision shall be final and the set
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8 | of electors so determined upon by the electoral board to be so | ||||||
9 | chosen shall
be the list or set of electors to be deemed | ||||||
10 | elected if that party shall be
successful at the polls, as | ||||||
11 | herein provided.
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12 | (e) Should a vacancy occur in the choice of an elector in a
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13 | congressional district, such vacancy may be filled by the | ||||||
14 | executive
committee of the party or group for such | ||||||
15 | congressional district, to be
certified by such committee to | ||||||
16 | the State Board of Elections. Should a
vacancy occur in the | ||||||
17 | office of elector at large, such vacancy shall be
filled by the | ||||||
18 | State committee of such political party or group, and
certified | ||||||
19 | by it to the State Board of Elections.
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20 | (Source: P.A. 84-861.)
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21 | (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
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22 | Sec. 21-2. Election of electors; votes of electors.
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23 | (a) The county clerks of the several counties shall, within | ||||||
24 | 21 days
next after holding the election named in subsection (1) | ||||||
25 | of Section 2A-1.2 and
Section 2A-2 make 2 copies of the | ||||||
26 | abstract of the votes cast for electors by
each political party | ||||||
27 | or group, as indicated by the voter, as aforesaid, by a
cross | ||||||
28 | in the square to the left of the bracket aforesaid, or as | ||||||
29 | indicated
by a cross in the appropriate place preceding the | ||||||
30 | appellation or title of
the particular political party or | ||||||
31 | group, and transmit by mail one of the
copies to the office of | ||||||
32 | the State Board of Elections and retain the other
in his | ||||||
33 | office, to be sent for by the electoral board in case the other
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34 | should be mislaid. Within 31 days after the holding of such | ||||||
35 | election, and
sooner if all the returns are received by the |
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1 | State Board of Elections, the
State Board of Election, shall | ||||||
2 | proceed to open and canvass said election
returns and to | ||||||
3 | declare which set of candidates for President and
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4 | Vice-President received, as aforesaid, the highest number of | ||||||
5 | votes cast at
such election as aforesaid; and the electors of | ||||||
6 | that party whose candidates
for President and Vice-President | ||||||
7 | received the highest number of votes so
cast shall be taken and | ||||||
8 | deemed to be elected as electors of President and
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9 | Vice-President, but should 2 or more sets of candidates for | ||||||
10 | President and
Vice-President be returned with an equal and the | ||||||
11 | highest vote, the State
Board of Elections shall cause a notice | ||||||
12 | of the same to be published, which
notice shall name some day | ||||||
13 | and place, not less than 5 days from the time of
such | ||||||
14 | publication of such notice, upon which the State Board of | ||||||
15 | Elections
will decide by lot which of the sets of candidates | ||||||
16 | for President and
Vice-President so equal and highest shall be | ||||||
17 | declared to be highest. And
upon the day and at the place so | ||||||
18 | appointed in the notice, the board shall
so decide by lot and | ||||||
19 | declare which is deemed highest of the sets of
candidates for | ||||||
20 | President and Vice-President so equal and highest, thereby
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21 | determining only that the electors chosen as aforesaid by such | ||||||
22 | candidates'
party or group are thereby elected by general | ||||||
23 | ticket to be such electors.
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24 | (b) Notwithstanding any law to the contrary, the elector of | ||||||
25 | President and Vice President receiving the highest number of | ||||||
26 | votes in a congressional district shall be elected an elector | ||||||
27 | of President and Vice President and shall cast his or her vote | ||||||
28 | pursuant to this Article for the candidates for President and | ||||||
29 | Vice President of his or her political party or group. The | ||||||
30 | electors of President and Vice President at large who receive | ||||||
31 | the highest or second highest number of votes statewide shall | ||||||
32 | be electors of President and Vice President and shall cast | ||||||
33 | their votes pursuant to this Article for the candidates for | ||||||
34 | President and Vice President of those electors' political | ||||||
35 | parties or groups.
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36 | (Source: P.A. 93-847, eff. 7-30-04.)
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