93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB7351


 
Introduced 11/09/04, by Rep. Jim Watson
 
SYNOPSIS AS INTRODUCED:
 		
















10 ILCS 5/21-1
  from Ch. 46, par. 21-1


10 ILCS 5/21-2
  from Ch. 46, par. 21-2







    Amends the Election Code.  Provides that the presidential elector with the highest number of votes in a congressional district casts an electoral vote for the presidential and vice presidential candidates of his or her political party.  Provides that an at large presidential elector who receives the highest or second highest number of votes statewide casts an electoral vote for the candidates of his or her party.

















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FISCAL NOTE ACT MAY APPLY
















 


 


A BILL FOR









 











HB7351

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1
    AN ACT concerning 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 changing 
5
Sections 21-1 and 21-2 as follows:
 



6
    (10 ILCS 5/21-1)  (from Ch. 46, par. 21-1)



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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    (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.

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.

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

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

5
President and the name of the candidate for Vice-President of 
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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.

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.

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

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.

12
    (e) Should a vacancy occur in the choice of an elector in a

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.

20
(Source: P.A. 84-861.)

 



21
    (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)



22
    Sec. 21-2. Election of electors; votes of electors.

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

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

4
Vice-President received, as aforesaid, the highest number of 
5
votes cast at
such election as aforesaid; and the electors of 
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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

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

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.

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.

36
(Source: P.A. 93-847, eff. 7-30-04.)