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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 Section | |||||||||||||||||||
5 | 21-2 as follows:
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6 | (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
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7 | Sec. 21-2. Election of electors; voting of electors; | |||||||||||||||||||
8 | proportional allocation of electoral votes.
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9 | (a) As used in this Section: | |||||||||||||||||||
10 | "Presidential ticket" means candidates for President and | |||||||||||||||||||
11 | Vice President of the United States who run for their | |||||||||||||||||||
12 | respective offices jointly in Illinois. | |||||||||||||||||||
13 | "Rounded to the nearest whole number" means: | |||||||||||||||||||
14 | (1) Increased to the next whole number if the | |||||||||||||||||||
15 | fractional proportion of an electoral vote allocated is | |||||||||||||||||||
16 | equal to or greater than .5. | |||||||||||||||||||
17 | (2) Decreased to the preceding whole number if the | |||||||||||||||||||
18 | fractional proportion of an electoral vote allocated is | |||||||||||||||||||
19 | less than .5. | |||||||||||||||||||
20 | "Whole number" means positive integer, including zero.
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21 | (b) The county clerks of the several counties shall, within | |||||||||||||||||||
22 | 21 days
next after holding the election named in subsection (1) | |||||||||||||||||||
23 | of Section 2A-1.2 and
Section 2A-2 make 2 copies of the | |||||||||||||||||||
24 | abstract of the votes cast for electors by
each political party | |||||||||||||||||||
25 | or group, as indicated by the voter, as aforesaid, by a
cross | |||||||||||||||||||
26 | in the square to the left of the bracket aforesaid, or as | |||||||||||||||||||
27 | indicated
by a cross in the appropriate place preceding the | |||||||||||||||||||
28 | appellation or title of
the particular political party or | |||||||||||||||||||
29 | group, and transmit by mail one of the
copies to the office of | |||||||||||||||||||
30 | the State Board of Elections and retain the other
in his | |||||||||||||||||||
31 | office, to be sent for by the electoral board in case the other
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32 | should be mislaid. |
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1 | (c) Within 31 days after the holding of such election, and
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2 | sooner if all the returns are received by the State Board of | ||||||
3 | Elections, the
State Board of Election, shall proceed to open | ||||||
4 | and canvass said election
returns to declare which set of | ||||||
5 | candidates for President and Vice President received which | ||||||
6 | percentage of the popular vote and determine the number of | ||||||
7 | electoral votes assigned to each presidential ticket in the | ||||||
8 | manner described in subsection (d). | ||||||
9 | (d) The presidential ticket receiving the highest number of | ||||||
10 | votes cast at the election shall receive 2 electoral votes, and | ||||||
11 | the electors of the party whose candidates for President and | ||||||
12 | Vice President received the highest number of votes cast shall | ||||||
13 | be taken and deemed to be elected as electors of the President | ||||||
14 | and Vice President. | ||||||
15 | The remaining electoral votes shall be divided among the | ||||||
16 | presidential tickets on the general election ballot, based upon | ||||||
17 | the popular proportional share of the total ballots cast | ||||||
18 | statewide for each presidential ticket. The allocation of a | ||||||
19 | presidential ticket's popular proportion of this State's | ||||||
20 | electoral votes shall be in whole numbers and shall be made in | ||||||
21 | the following manner subject to paragraphs (1) through (3) of | ||||||
22 | this subsection. | ||||||
23 | (1) The total number of ballots cast in this State for | ||||||
24 | each presidential ticket at a general election shall be | ||||||
25 | divided by the total number of ballots cast for all | ||||||
26 | presidential tickets that receive votes at that general | ||||||
27 | election. | ||||||
28 | (2) The proportion of a presidential ticket's popular | ||||||
29 | vote, as determined in paragraph (1), shall be multiplied | ||||||
30 | by the number of electoral votes to which Illinois is | ||||||
31 | entitled minus 2 which have already been designated as | ||||||
32 | provided in this subsection. | ||||||
33 | (3) The number of electoral votes that is attributable | ||||||
34 | to the ballots cast for any presidential ticket, as | ||||||
35 | determined in paragraphs (1) and (2), shall be rounded to | ||||||
36 | the nearest whole number subject to the following |
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1 | limitations: | ||||||
2 | (i) No presidential ticket shall receive any | ||||||
3 | electoral votes from this State if its proportion of | ||||||
4 | the total ballots cast for all presidential tickets | ||||||
5 | would reflect less than a full electoral vote after | ||||||
6 | rounding to the nearest whole number. | ||||||
7 | (ii) If the sum of the electoral votes allocated | ||||||
8 | pursuant to subparagraph (i) of this paragraph (3) is | ||||||
9 | greater than the number of electoral votes to which | ||||||
10 | Illinois is entitled: | ||||||
11 | (A) The allocation of electoral votes to the | ||||||
12 | presidential ticket receiving at least one | ||||||
13 | electoral vote and the fewest number of ballots | ||||||
14 | cast shall be reduced by whole electoral votes | ||||||
15 | until only that number of electoral votes to which | ||||||
16 | Illinois is entitled has been allocated. | ||||||
17 | (B) The process set forth in item (A) of this | ||||||
18 | subparagraph shall be repeated if, after reduction | ||||||
19 | of electoral votes as set forth in item (A), the | ||||||
20 | total number of electoral votes allocated to all | ||||||
21 | presidential tickets remains greater than the | ||||||
22 | total number of electoral votes to which this State | ||||||
23 | is entitled, and that process shall be applied to | ||||||
24 | the presidential ticket receiving at least one | ||||||
25 | electoral vote and the fewest number of ballots | ||||||
26 | cast until the total number of electoral votes | ||||||
27 | allocated to all presidential tickets is equal to | ||||||
28 | the total number of electoral votes to which this | ||||||
29 | State is entitled. | ||||||
30 | (e) If the sum of all electoral votes allocated would be | ||||||
31 | less than the number of electoral votes to which Illinois is | ||||||
32 | entitled, the presidential ticket receiving the greatest | ||||||
33 | number of ballots cast shall receive any unallocated electoral | ||||||
34 | votes until all of the electoral votes to which Illinois is | ||||||
35 | entitled have been allocated. | ||||||
36 | (f) If 2 or more presidential tickets receive the identical |
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1 | total number of ballots cast for all presidential tickets and | ||||||
2 | the allocation of electoral votes to which Illinois is entitled | ||||||
3 | cannot be proportionally allocated in the whole electoral votes | ||||||
4 | to these presidential tickets, the State Board of Elections | ||||||
5 | shall determine by lot which of these presidential tickets | ||||||
6 | shall have their number of electoral votes increased or | ||||||
7 | decreased by whole electoral vote until all of the electoral | ||||||
8 | votes to which Illinois is entitled have been allocated.
and to | ||||||
9 | declare which set of candidates for President and
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10 | Vice-President received, as aforesaid, the highest number of | ||||||
11 | votes cast at
such election as aforesaid; and the electors of | ||||||
12 | that party whose candidates
for President and Vice-President | ||||||
13 | received the highest number of votes so
cast shall be taken and | ||||||
14 | deemed to be elected as electors of President and
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15 | Vice-President, but should 2 or more sets of candidates for | ||||||
16 | President and
Vice-President be returned with an equal and the | ||||||
17 | highest vote, the State
Board of Elections shall cause a notice | ||||||
18 | of the same to be published, which
notice shall name some day | ||||||
19 | and place, not less than 5 days from the time of
such | ||||||
20 | publication of such notice, upon which the State Board of | ||||||
21 | Elections
will decide by lot which of the sets of candidates | ||||||
22 | for President and
Vice-President so equal and highest shall be | ||||||
23 | declared to be highest. And
upon the day and at the place so | ||||||
24 | appointed in the notice, the board shall
so decide by lot and | ||||||
25 | declare which is deemed highest of the sets of
candidates for | ||||||
26 | President and Vice-President so equal and highest, thereby
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27 | determining only that the electors chosen as aforesaid by such | ||||||
28 | candidates'
party or group are thereby elected by general | ||||||
29 | ticket to be such electors.
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30 | (Source: P.A. 93-847, eff. 7-30-04.)
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