|
|||||||
| |||||||
| |||||||
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 16-3, 17-16.1, 18-9.1, 19-8, and 20-8 as follows:
| ||||||
6 | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| ||||||
7 | (Text of Section before amendment by P.A. 94-1090 )
| ||||||
8 | Sec. 16-3. (a) The names of all candidates to be voted for | ||||||
9 | in each
election district or precinct shall be printed on one | ||||||
10 | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | ||||||
11 | this Act and except as otherwise
provided in this Act with | ||||||
12 | respect to the odd year regular elections and
the emergency | ||||||
13 | referenda; all nominations
of any political party being placed | ||||||
14 | under the party appellation or title
of such party as | ||||||
15 | designated in the certificates of nomination or
petitions. The | ||||||
16 | names of all independent candidates shall be printed upon
the | ||||||
17 | ballot in a column or columns under the heading "independent"
| ||||||
18 | arranged under the names or titles of the respective offices | ||||||
19 | for which
such independent candidates shall have been nominated | ||||||
20 | and so far as
practicable, the name or names of any independent | ||||||
21 | candidate or
candidates for any office shall be printed upon | ||||||
22 | the ballot opposite the
name or names of any candidate or | ||||||
23 | candidates for the same office
contained in any party column or |
| |||||||
| |||||||
1 | columns upon said ballot. The ballot
shall contain no other | ||||||
2 | names, except that in cases of electors for
President and | ||||||
3 | Vice-President of the United States, the names of the
| ||||||
4 | candidates for President and Vice-President may be added to the | ||||||
5 | party
designation and words calculated to aid the voter in his | ||||||
6 | choice of candidates
may be added, such as "Vote for one," | ||||||
7 | "Vote for three." When an electronic
voting system is used | ||||||
8 | which utilizes a ballot label booklet, the candidates
and | ||||||
9 | questions shall appear on the pages of such booklet in the | ||||||
10 | order
provided by this Code; and, in any case where candidates | ||||||
11 | for an office
appear on a page which does not contain the name | ||||||
12 | of any candidate for
another office, and where less than 50% of | ||||||
13 | the page is utilized, the name of
no candidate shall be printed | ||||||
14 | on the lowest 25% of such page. On the back or
outside of the | ||||||
15 | ballot, so as to appear when folded, shall be printed the words
| ||||||
16 | "Official Ballot", followed by the designation of the polling | ||||||
17 | place for
which the ballot is prepared, the date of the | ||||||
18 | election and a facsimile
of the signature of the election | ||||||
19 | authority who has caused the ballots to
be printed. The ballots | ||||||
20 | shall be of plain white paper, through which the
printing or | ||||||
21 | writing cannot be read. However, ballots for use at the
| ||||||
22 | nonpartisan and consolidated elections may be printed on | ||||||
23 | different color
paper, except blue paper, whenever necessary or | ||||||
24 | desirable to facilitate
distinguishing between ballots for | ||||||
25 | different political subdivisions. In
the case of nonpartisan | ||||||
26 | elections for officers of a political
subdivision, unless the |
| |||||||
| |||||||
1 | statute or an ordinance adopted pursuant to
Article VII of the | ||||||
2 | Constitution providing the form of government
therefor | ||||||
3 | requires otherwise, the column listing such nonpartisan
| ||||||
4 | candidates shall be printed with no appellation or circle at | ||||||
5 | its head.
The party appellation or title, or the word | ||||||
6 | "independent" at the head of
any column provided for | ||||||
7 | independent candidates, shall be printed in letters not less | ||||||
8 | than one-fourth of an inch in height
and a
circle one-half inch | ||||||
9 | in diameter shall be printed at the beginning of
the line in | ||||||
10 | which such appellation or title is printed, provided,
however, | ||||||
11 | that no such circle shall be printed at the head of any column
| ||||||
12 | or columns provided for such independent candidates. The names | ||||||
13 | of
candidates shall be printed in letters not less than | ||||||
14 | one-eighth
nor more than one-fourth of an inch in height, and | ||||||
15 | at the beginning of
each line in which a name of a candidate is | ||||||
16 | printed a square shall be
printed, the sides of which shall be | ||||||
17 | not less than one-fourth of an inch
in length. However, the | ||||||
18 | names of the candidates for Governor and
Lieutenant Governor on | ||||||
19 | the same ticket shall be printed within a bracket
and a single | ||||||
20 | square shall be printed in front of the bracket. The list
of | ||||||
21 | candidates of the several parties and any such list of | ||||||
22 | independent
candidates shall be placed in separate columns on | ||||||
23 | the ballot in such
order as the election authorities charged | ||||||
24 | with the printing of the
ballots shall decide; provided, that | ||||||
25 | the names of the candidates of the
several political parties, | ||||||
26 | certified by the State Board of Elections to
the several county |
| |||||||
| |||||||
1 | clerks shall be printed by the county clerk of the
proper | ||||||
2 | county on the official ballot in the order certified by the | ||||||
3 | State
Board of Elections. Any county clerk refusing, neglecting | ||||||
4 | or failing to
print on the official ballot the names of | ||||||
5 | candidates of the several
political parties in the order | ||||||
6 | certified by the State Board of
Elections, and any county clerk | ||||||
7 | who prints or causes to be printed upon
the official ballot the | ||||||
8 | name of a candidate, for an office to be filled
by the Electors | ||||||
9 | of the entire State, whose name has not been duly
certified to | ||||||
10 | him upon a certificate signed by the State Board of
Elections | ||||||
11 | shall be guilty of a Class C misdemeanor.
| ||||||
12 | (b) When an electronic voting system is used which utilizes | ||||||
13 | a ballot
card,
on the inside flap of each ballot card envelope | ||||||
14 | there shall be printed
a form for write-in voting which shall | ||||||
15 | be substantially as follows:
| ||||||
16 | WRITE-IN VOTES
| ||||||
17 | (See card of instructions for specific information. | ||||||
18 | Duplicate form below
by hand for additional write-in votes.)
| ||||||
19 | _____________________________
| ||||||
20 | Title of Office
| ||||||
21 | ( ) ____________________________
| ||||||
22 | Name of Candidate
| ||||||
23 | (c) When an electronic voting system is used which uses a | ||||||
24 | ballot sheet,
the
instructions to voters on the ballot sheet | ||||||
25 | shall refer the voter to the
card of instructions for specific | ||||||
26 | information on write-in voting. A provision for the casting of |
| |||||||
| |||||||
1 | a write-in vote shall be made either (i) below each office | ||||||
2 | appearing on the ballot sheet or (ii) in the space following | ||||||
3 | all ballot questions, using the form for write-in voting set | ||||||
4 | forth in subsection (b).
Below
each office appearing on such | ||||||
5 | ballot sheet there shall be a provision for
the casting of a | ||||||
6 | write-in vote.
| ||||||
7 | (d) When such electronic system is used, there shall be | ||||||
8 | printed on the
back of each ballot card, each ballot card | ||||||
9 | envelope, and
the first page of the ballot label when a ballot | ||||||
10 | label is used, the
words "Official Ballot," followed by the | ||||||
11 | number of the
precinct or other precinct identification, which | ||||||
12 | may be stamped, in lieu
thereof and, as applicable, the number | ||||||
13 | and name of the township, ward
or other election district for | ||||||
14 | which the ballot card, ballot card
envelope, and ballot label | ||||||
15 | are prepared, the date of the election and a
facsimile of the | ||||||
16 | signature of the election authority who has caused the
ballots | ||||||
17 | to be printed. The back of the ballot card shall also include
a | ||||||
18 | method of identifying the ballot configuration such as a | ||||||
19 | listing of the
political subdivisions and districts for which | ||||||
20 | votes may be cast on that
ballot, or a number code identifying | ||||||
21 | the ballot configuration or color coded
ballots, except that | ||||||
22 | where there is only one ballot configuration in a
precinct, the | ||||||
23 | precinct identification, and any applicable ward
| ||||||
24 | identification, shall be sufficient. Ballot card envelopes | ||||||
25 | used in punch
card systems shall be of paper through which no | ||||||
26 | writing or punches may be
discerned and shall be of sufficient |
| |||||||
| |||||||
1 | length to enclose all voting
positions. However, the election | ||||||
2 | authority may provide
ballot card envelopes on which no | ||||||
3 | precinct number or township, ward or
other election district | ||||||
4 | designation, or election date are preprinted, if
space and a | ||||||
5 | preprinted form are provided below the space provided for
the | ||||||
6 | names of write-in candidates where such information may be | ||||||
7 | entered
by the judges of election. Whenever an election | ||||||
8 | authority utilizes
ballot card envelopes on which the election | ||||||
9 | date and precinct is not
preprinted, a judge of election shall | ||||||
10 | mark such information for the
particular precinct and election | ||||||
11 | on the envelope in ink before tallying
and counting any | ||||||
12 | write-in vote written thereon.
If some method of insuring | ||||||
13 | ballot secrecy other than an envelope is used,
such information | ||||||
14 | must be provided on the ballot itself.
| ||||||
15 | (e) In the designation of the name of a candidate on the | ||||||
16 | ballot, the
candidate's given name or names, initial or | ||||||
17 | initials, a nickname by
which the candidate is commonly known, | ||||||
18 | or a combination thereof, may be
used in addition to the | ||||||
19 | candidate's surname. No other designation such
as a political | ||||||
20 | slogan, title, or degree or nickname suggesting or
implying | ||||||
21 | possession of a
title, degree or professional status, or | ||||||
22 | similar information may be used
in connection with the | ||||||
23 | candidate's surname, except that the title "Mrs."
may be used | ||||||
24 | in the case of a married woman.
For purposes of this Section, a | ||||||
25 | "political slogan" is defined as any
word or words expressing | ||||||
26 | or connoting a position, opinion, or belief that the
candidate |
| |||||||
| |||||||
1 | may espouse, including but not limited to, any word or words
| ||||||
2 | conveying any meaning other than that of the personal identity | ||||||
3 | of the
candidate. A
candidate may not use a political slogan as | ||||||
4 | part of his or her name on the
ballot, notwithstanding that the | ||||||
5 | political slogan may be part of the
candidate's name.
| ||||||
6 | (f) The State Board of Elections, a local election | ||||||
7 | official, or an
election
authority shall remove any candidate's | ||||||
8 | name designation from a ballot that is
inconsistent with | ||||||
9 | subsection (e) of this Section. In addition, the State Board
of | ||||||
10 | Elections, a local election official, or an election authority | ||||||
11 | shall not
certify to any election authority any candidate name | ||||||
12 | designation that is
inconsistent with subsection (e) of this | ||||||
13 | Section.
| ||||||
14 | (g) If the State Board of Elections, a local election | ||||||
15 | official, or an
election
authority removes a candidate's name | ||||||
16 | designation from a ballot under
subsection (f) of this Section, | ||||||
17 | then the aggrieved candidate may seek
appropriate relief in | ||||||
18 | circuit court.
| ||||||
19 | Where voting machines or electronic voting systems are | ||||||
20 | used, the
provisions of this Section may be modified as | ||||||
21 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
22 | is applicable.
| ||||||
23 | Nothing in this Section shall prohibit election | ||||||
24 | authorities from using
or reusing ballot card envelopes which | ||||||
25 | were printed before the effective
date of this amendatory Act | ||||||
26 | of 1985.
|
| |||||||
| |||||||
1 | (Source: P.A. 92-178, eff. 1-1-02; 93-574, eff. 8-21-03.)
| ||||||
2 | (Text of Section after amendment by P.A. 94-1090 )
| ||||||
3 | Sec. 16-3. (a) The names of all candidates to be voted for | ||||||
4 | in each
election district or precinct shall be printed on one | ||||||
5 | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | ||||||
6 | this Act and except as otherwise
provided in this Act with | ||||||
7 | respect to the odd year regular elections and
the emergency | ||||||
8 | referenda; all nominations
of any political party being placed | ||||||
9 | under the party appellation or title
of such party as | ||||||
10 | designated in the certificates of nomination or
petitions. The | ||||||
11 | names of all independent candidates shall be printed upon
the | ||||||
12 | ballot in a column or columns under the heading "independent"
| ||||||
13 | arranged under the names or titles of the respective offices | ||||||
14 | for which
such independent candidates shall have been nominated | ||||||
15 | and so far as
practicable, the name or names of any independent | ||||||
16 | candidate or
candidates for any office shall be printed upon | ||||||
17 | the ballot opposite the
name or names of any candidate or | ||||||
18 | candidates for the same office
contained in any party column or | ||||||
19 | columns upon said ballot. The ballot
shall contain no other | ||||||
20 | names, except that in cases of electors for
President and | ||||||
21 | Vice-President of the United States, the names of the
| ||||||
22 | candidates for President and Vice-President may be added to the | ||||||
23 | party
designation and words calculated to aid the voter in his | ||||||
24 | choice of candidates
may be added, such as "Vote for one," | ||||||
25 | "Vote for three." When an electronic
voting system is used |
| |||||||
| |||||||
1 | which utilizes a ballot label booklet, the candidates
and | ||||||
2 | questions shall appear on the pages of such booklet in the | ||||||
3 | order
provided by this Code; and, in any case where candidates | ||||||
4 | for an office
appear on a page which does not contain the name | ||||||
5 | of any candidate for
another office, and where less than 50% of | ||||||
6 | the page is utilized, the name of
no candidate shall be printed | ||||||
7 | on the lowest 25% of such page. On the back or
outside of the | ||||||
8 | ballot, so as to appear when folded, shall be printed the words
| ||||||
9 | "Official Ballot", followed by the designation of the polling | ||||||
10 | place for
which the ballot is prepared, the date of the | ||||||
11 | election and a facsimile
of the signature of the election | ||||||
12 | authority who has caused the ballots to
be printed. The ballots | ||||||
13 | shall be of plain white paper, through which the
printing or | ||||||
14 | writing cannot be read. However, ballots for use at the
| ||||||
15 | nonpartisan and consolidated elections may be printed on | ||||||
16 | different color
paper, except blue paper, whenever necessary or | ||||||
17 | desirable to facilitate
distinguishing between ballots for | ||||||
18 | different political subdivisions. In
the case of nonpartisan | ||||||
19 | elections for officers of a political
subdivision, unless the | ||||||
20 | statute or an ordinance adopted pursuant to
Article VII of the | ||||||
21 | Constitution providing the form of government
therefor | ||||||
22 | requires otherwise, the column listing such nonpartisan
| ||||||
23 | candidates shall be printed with no appellation or circle at | ||||||
24 | its head.
The party appellation or title, or the word | ||||||
25 | "independent" at the head of
any column provided for | ||||||
26 | independent candidates, shall be printed in letters not less |
| |||||||
| |||||||
1 | than one-fourth of an inch in height
and a
circle one-half inch | ||||||
2 | in diameter shall be printed at the beginning of
the line in | ||||||
3 | which such appellation or title is printed, provided,
however, | ||||||
4 | that no such circle shall be printed at the head of any column
| ||||||
5 | or columns provided for such independent candidates. The names | ||||||
6 | of
candidates shall be printed in letters not less than | ||||||
7 | one-eighth
nor more than one-fourth of an inch in height, and | ||||||
8 | at the beginning of
each line in which a name of a candidate is | ||||||
9 | printed a square shall be
printed, the sides of which shall be | ||||||
10 | not less than one-fourth of an inch
in length. However, the | ||||||
11 | names of the candidates for Governor and
Lieutenant Governor on | ||||||
12 | the same ticket shall be printed within a bracket
and a single | ||||||
13 | square shall be printed in front of the bracket. The list
of | ||||||
14 | candidates of the several parties and any such list of | ||||||
15 | independent
candidates shall be placed in separate columns on | ||||||
16 | the ballot in such
order as the election authorities charged | ||||||
17 | with the printing of the
ballots shall decide; provided, that | ||||||
18 | the names of the candidates of the
several political parties, | ||||||
19 | certified by the State Board of Elections to
the several county | ||||||
20 | clerks shall be printed by the county clerk of the
proper | ||||||
21 | county on the official ballot in the order certified by the | ||||||
22 | State
Board of Elections. Any county clerk refusing, neglecting | ||||||
23 | or failing to
print on the official ballot the names of | ||||||
24 | candidates of the several
political parties in the order | ||||||
25 | certified by the State Board of
Elections, and any county clerk | ||||||
26 | who prints or causes to be printed upon
the official ballot the |
| |||||||
| |||||||
1 | name of a candidate, for an office to be filled
by the Electors | ||||||
2 | of the entire State, whose name has not been duly
certified to | ||||||
3 | him upon a certificate signed by the State Board of
Elections | ||||||
4 | shall be guilty of a Class C misdemeanor.
| ||||||
5 | (b) When an electronic voting system is used which utilizes | ||||||
6 | a ballot
card,
on the inside flap of each ballot card envelope | ||||||
7 | there shall be printed
a form for write-in voting which shall | ||||||
8 | be substantially as follows:
| ||||||
9 | WRITE-IN VOTES
| ||||||
10 | (See card of instructions for specific information. | ||||||
11 | Duplicate form below
by hand for additional write-in votes.)
| ||||||
12 | _____________________________
| ||||||
13 | Title of Office
| ||||||
14 | ( ) ____________________________
| ||||||
15 | Name of Candidate
| ||||||
16 | (c) When an electronic voting system is used which uses a | ||||||
17 | ballot sheet,
the
instructions to voters on the ballot sheet | ||||||
18 | shall refer the voter to the
card of instructions for specific | ||||||
19 | information on write-in voting. A provision for the casting of | ||||||
20 | a write-in vote shall be made either (i) below each office | ||||||
21 | appearing on the ballot sheet or (ii) in the space following | ||||||
22 | all ballot questions, using the form for write-in voting set | ||||||
23 | forth in subsection (b).
Below
each office appearing on such | ||||||
24 | ballot sheet there shall be a provision for
the casting of a | ||||||
25 | write-in vote.
| ||||||
26 | (d) When such electronic system is used, there shall be |
| |||||||
| |||||||
1 | printed on the
back of each ballot card, each ballot card | ||||||
2 | envelope, and
the first page of the ballot label when a ballot | ||||||
3 | label is used, the
words "Official Ballot," followed by the | ||||||
4 | number of the
precinct or other precinct identification, which | ||||||
5 | may be stamped, in lieu
thereof and, as applicable, the number | ||||||
6 | and name of the township, ward
or other election district for | ||||||
7 | which the ballot card, ballot card
envelope, and ballot label | ||||||
8 | are prepared, the date of the election and a
facsimile of the | ||||||
9 | signature of the election authority who has caused the
ballots | ||||||
10 | to be printed. The back of the ballot card shall also include
a | ||||||
11 | method of identifying the ballot configuration such as a | ||||||
12 | listing of the
political subdivisions and districts for which | ||||||
13 | votes may be cast on that
ballot, or a number code identifying | ||||||
14 | the ballot configuration or color coded
ballots, except that | ||||||
15 | where there is only one ballot configuration in a
precinct, the | ||||||
16 | precinct identification, and any applicable ward
| ||||||
17 | identification, shall be sufficient. Ballot card envelopes | ||||||
18 | used in punch
card systems shall be of paper through which no | ||||||
19 | writing or punches may be
discerned and shall be of sufficient | ||||||
20 | length to enclose all voting
positions. However, the election | ||||||
21 | authority may provide
ballot card envelopes on which no | ||||||
22 | precinct number or township, ward or
other election district | ||||||
23 | designation, or election date are preprinted, if
space and a | ||||||
24 | preprinted form are provided below the space provided for
the | ||||||
25 | names of write-in candidates where such information may be | ||||||
26 | entered
by the judges of election. Whenever an election |
| |||||||
| |||||||
1 | authority utilizes
ballot card envelopes on which the election | ||||||
2 | date and precinct is not
preprinted, a judge of election shall | ||||||
3 | mark such information for the
particular precinct and election | ||||||
4 | on the envelope in ink before tallying
and counting any | ||||||
5 | write-in vote written thereon.
If some method of insuring | ||||||
6 | ballot secrecy other than an envelope is used,
such information | ||||||
7 | must be provided on the ballot itself.
| ||||||
8 | (e) In the designation of the name of a candidate on the | ||||||
9 | ballot, the
candidate's given name or names, initial or | ||||||
10 | initials, a nickname by
which the candidate is commonly known, | ||||||
11 | or a combination thereof, may be
used in addition to the | ||||||
12 | candidate's surname. If a candidate has changed his or her | ||||||
13 | name, whether by a statutory or common law procedure in | ||||||
14 | Illinois or any other jurisdiction, within 3 years before the | ||||||
15 | last day for filing the petition for nomination, nomination | ||||||
16 | papers, or certificate of nomination for that office, whichever | ||||||
17 | is applicable, then (i) the candidate's name on the ballot must | ||||||
18 | be followed by "formerly known as (list all prior names during | ||||||
19 | the 3-year period) until name changed on (list date of each | ||||||
20 | such name change)" and (ii) the petition, papers, or | ||||||
21 | certificate must be accompanied by the candidate's affidavit | ||||||
22 | stating the candidate's previous names during the period | ||||||
23 | specified in (i) and the date or dates each of those names was | ||||||
24 | changed; failure to meet these requirements shall be grounds | ||||||
25 | for denying certification of the candidate's name for the | ||||||
26 | ballot or removing the candidate's name from the ballot, as |
| |||||||
| |||||||
1 | appropriate, but these requirements do not apply to name | ||||||
2 | changes resulting from adoption to assume an adoptive parent's | ||||||
3 | or parents' surname, marriage to assume a spouse's surname, or | ||||||
4 | dissolution of marriage or declaration of invalidity of | ||||||
5 | marriage to assume a former surname. No other designation such
| ||||||
6 | as a political slogan, title, or degree or nickname suggesting | ||||||
7 | or
implying possession of a
title, degree or professional | ||||||
8 | status, or similar information may be used
in connection with | ||||||
9 | the candidate's surname.
For purposes of this Section, a | ||||||
10 | "political slogan" is defined as any
word or words expressing | ||||||
11 | or connoting a position, opinion, or belief that the
candidate | ||||||
12 | may espouse, including but not limited to, any word or words
| ||||||
13 | conveying any meaning other than that of the personal identity | ||||||
14 | of the
candidate. A
candidate may not use a political slogan as | ||||||
15 | part of his or her name on the
ballot, notwithstanding that the | ||||||
16 | political slogan may be part of the
candidate's name.
| ||||||
17 | (f) The State Board of Elections, a local election | ||||||
18 | official, or an
election
authority shall remove any candidate's | ||||||
19 | name designation from a ballot that is
inconsistent with | ||||||
20 | subsection (e) of this Section. In addition, the State Board
of | ||||||
21 | Elections, a local election official, or an election authority | ||||||
22 | shall not
certify to any election authority any candidate name | ||||||
23 | designation that is
inconsistent with subsection (e) of this | ||||||
24 | Section.
| ||||||
25 | (g) If the State Board of Elections, a local election | ||||||
26 | official, or an
election
authority removes a candidate's name |
| |||||||
| |||||||
1 | designation from a ballot under
subsection (f) of this Section, | ||||||
2 | then the aggrieved candidate may seek
appropriate relief in | ||||||
3 | circuit court.
| ||||||
4 | Where voting machines or electronic voting systems are | ||||||
5 | used, the
provisions of this Section may be modified as | ||||||
6 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
7 | is applicable.
| ||||||
8 | Nothing in this Section shall prohibit election | ||||||
9 | authorities from using
or reusing ballot card envelopes which | ||||||
10 | were printed before the effective
date of this amendatory Act | ||||||
11 | of 1985.
| ||||||
12 | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
| ||||||
13 | (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
| ||||||
14 | Sec. 17-16.1. Write-in votes shall be counted only for | ||||||
15 | persons who have
filed notarized declarations of intent to be | ||||||
16 | write-in candidates with
the proper election authority or | ||||||
17 | authorities not later than 5:00 p.m. on
the
Tuesday immediately | ||||||
18 | preceding the election.
| ||||||
19 | Forms for the declaration of intent to be a write-in | ||||||
20 | candidate shall
be supplied by the election authorities. Such | ||||||
21 | declaration shall specify
the office for which the person seeks | ||||||
22 | election as a write-in candidate.
| ||||||
23 | The election authority or authorities shall deliver a list | ||||||
24 | of all persons
who have filed such declarations to the election | ||||||
25 | judges in the appropriate
precincts prior to the election.
|
| |||||||
| |||||||
1 | A candidate for whom a nomination paper has been filed as a | ||||||
2 | partisan
candidate at a primary election, and who is defeated | ||||||
3 | for his or her
nomination at the primary election is ineligible | ||||||
4 | to file a declaration of
intent to be a write-in candidate for | ||||||
5 | election in that general or consolidated
election.
| ||||||
6 | A candidate seeking election to an office for which | ||||||
7 | candidates of
political parties are nominated by caucus who is | ||||||
8 | a participant in the
caucus and who is defeated for his or her | ||||||
9 | nomination at such caucus is
ineligible to file a declaration | ||||||
10 | of intent to be a write-in candidate for
election in that | ||||||
11 | general or consolidated election.
| ||||||
12 | A candidate seeking election to an office for which | ||||||
13 | candidates are
nominated at a primary election on a nonpartisan | ||||||
14 | basis and who is defeated
for his or her nomination at the | ||||||
15 | primary election is ineligible to file a
declaration of intent | ||||||
16 | to be a write-in candidate for election in that
general or | ||||||
17 | consolidated election.
| ||||||
18 | When a ballot is otherwise validly marked for a candidate | ||||||
19 | whose name is printed on the ballot, any write-in vote or votes | ||||||
20 | for that or any other candidate for that office shall be void | ||||||
21 | if counting the write-in vote or votes would result in the | ||||||
22 | voter over-voting with respect to that office.
| ||||||
23 | Nothing in this Section shall be construed to apply to | ||||||
24 | votes
cast under the provisions of subsection (b) of Section | ||||||
25 | 16-5.01.
| ||||||
26 | (Source: P.A. 89-653, eff. 8-14-96.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
| ||||||
2 | Sec. 18-9.1. Write-in votes shall be counted only for | ||||||
3 | persons who have
filed notarized declarations of intent to be | ||||||
4 | write-in candidates with
the proper election authority or | ||||||
5 | authorities not later than 5:00 p.m. on
the
Tuesday immediately | ||||||
6 | preceding the election.
| ||||||
7 | Forms for the declaration of intent to be a write-in | ||||||
8 | candidate shall
be supplied by the election authorities. Such | ||||||
9 | declaration shall specify
the office for which the person seeks | ||||||
10 | election as a write-in candidate.
| ||||||
11 | The election authority or authorities shall deliver a list | ||||||
12 | of all persons
who have filed such declarations to the election | ||||||
13 | judges in the appropriate
precincts prior to the election.
| ||||||
14 | A candidate for whom a nomination paper has been filed as a | ||||||
15 | partisan
candidate at a primary election, and who is defeated | ||||||
16 | for his or her
nomination at the primary election, is | ||||||
17 | ineligible to file a declaration of
intent to be a write-in | ||||||
18 | candidate for election in that general or
consolidated | ||||||
19 | election.
| ||||||
20 | A candidate seeking election to an office for which | ||||||
21 | candidates of
political parties are nominated by caucus who is | ||||||
22 | a participant in the
caucus and who is defeated for his or her | ||||||
23 | nomination at such caucus is
ineligible to file a declaration | ||||||
24 | of intent to be a write-in candidate for
election in that | ||||||
25 | general or consolidated election.
|
| |||||||
| |||||||
1 | A candidate seeking election to an office for which | ||||||
2 | candidates are
nominated at a primary election on a nonpartisan | ||||||
3 | basis and who is defeated
for his or her nomination at the | ||||||
4 | primary election is ineligible to file a
declaration of intent | ||||||
5 | to be a write-in candidate for election in that
general or | ||||||
6 | consolidated election.
| ||||||
7 | When a ballot is otherwise validly marked for a candidate | ||||||
8 | whose name is printed on the ballot, any write-in vote or votes | ||||||
9 | for that or any other candidate for that office shall be void | ||||||
10 | if counting the write-in vote or votes would result in the | ||||||
11 | voter over-voting with respect to that office.
| ||||||
12 | Nothing in this Section shall be construed to apply to | ||||||
13 | votes
cast under the provisions of subsection (b) of Section | ||||||
14 | 16-5.01.
| ||||||
15 | (Source: P.A. 89-653, eff. 8-14-96.)
| ||||||
16 | (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
| ||||||
17 | Sec. 19-8. Time and place of counting ballots. | ||||||
18 | (a) (Blank.) | ||||||
19 | (b) Each absent voter's ballot returned to an election | ||||||
20 | authority, by any means authorized by this Article, and | ||||||
21 | received by that election authority before the closing of the | ||||||
22 | polls on election day shall be endorsed by the receiving | ||||||
23 | election authority with the day and hour of receipt and shall | ||||||
24 | be counted in the central ballot counting location of the | ||||||
25 | election authority on the day of the election after 7:00 p.m., |
| |||||||
| |||||||
1 | except as provided in subsections (g) and (g-5).
| ||||||
2 | (c) Each absent voter's ballot that is mailed to an | ||||||
3 | election authority and postmarked by the midnight preceding the | ||||||
4 | opening of the polls on election day, but that is received by | ||||||
5 | the election authority after the polls close on election day | ||||||
6 | and before the close of the period for counting provisional | ||||||
7 | ballots cast at that election, shall be endorsed by the | ||||||
8 | receiving authority with the day and hour of receipt and shall | ||||||
9 | be counted at the central ballot counting location of the | ||||||
10 | election authority during the period for counting provisional | ||||||
11 | ballots. | ||||||
12 | (d) Special write-in absentee voter's blank ballots | ||||||
13 | returned to an election authority, by any means authorized by | ||||||
14 | this Article, and received by the election authority at any | ||||||
15 | time before the closing of the polls on election day shall be | ||||||
16 | endorsed by the receiving election authority with the day and | ||||||
17 | hour of receipt and shall be counted at the central ballot | ||||||
18 | counting location of the election authority during the same | ||||||
19 | period provided for counting absent voters' ballots under | ||||||
20 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
21 | voter's blank ballots that are mailed to an election authority | ||||||
22 | and postmarked by the midnight preceding the opening of the | ||||||
23 | polls on election day, but that are received by the election | ||||||
24 | authority after the polls close on election day and before the | ||||||
25 | closing of the period for counting provisional ballots cast at | ||||||
26 | that election, shall be endorsed by the receiving authority |
| |||||||
| |||||||
1 | with the day and hour of receipt and shall be counted at the | ||||||
2 | central ballot counting location of the election authority | ||||||
3 | during the same periods provided for counting absent voters' | ||||||
4 | ballots under subsection (c). | ||||||
5 | (e) Except as otherwise provided in this Section, absent | ||||||
6 | voters' ballots and special write-in absentee voter's blank | ||||||
7 | ballots received by the election authority after the closing of | ||||||
8 | the polls on an
election day shall be endorsed by the election | ||||||
9 | authority receiving them
with the day and hour of receipt and | ||||||
10 | shall be safely kept unopened by the
election authority for the | ||||||
11 | period of time required for the preservation of
ballots used at | ||||||
12 | the election, and shall then, without being opened, be
| ||||||
13 | destroyed in like manner as the used ballots of that election.
| ||||||
14 | (f) Counting required under this Section to begin on | ||||||
15 | election day after the closing of the polls shall commence no | ||||||
16 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
17 | panels of election judges appointed in the manner provided
by | ||||||
18 | law. The counting shall continue until all absent voters' | ||||||
19 | ballots and special write-in absentee voter's blank ballots | ||||||
20 | required to be counted on election day have been counted.
| ||||||
21 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
22 | Code shall apply to all ballots counted under
this Section. In | ||||||
23 | addition, within 2 days after an absentee ballot, other than an | ||||||
24 | in-person absentee ballot, is received, but in all cases before | ||||||
25 | the close of the period for counting provisional ballots, the | ||||||
26 | election judge or official shall compare the voter's signature |
| |||||||
| |||||||
1 | on the certification envelope of that absentee ballot with the | ||||||
2 | signature of the voter on file in the office of the election | ||||||
3 | authority. If the election judge or official determines that | ||||||
4 | the 2 signatures match, and that the absentee voter is | ||||||
5 | otherwise qualified to cast an absentee ballot, the election | ||||||
6 | authority shall cast and count the ballot on election day or | ||||||
7 | the day the ballot is determined to be valid, whichever is | ||||||
8 | later, adding the results to the precinct in which the voter is | ||||||
9 | registered. If the election judge or official determines that | ||||||
10 | the signatures do not match, or that the absentee voter is not | ||||||
11 | qualified to cast an absentee ballot, then without opening the | ||||||
12 | certification envelope, the judge or official shall mark across | ||||||
13 | the face of the certification envelope the word "Rejected" and | ||||||
14 | shall not cast or count the ballot. | ||||||
15 | In addition to the voter's signatures not matching, an | ||||||
16 | absentee ballot may be rejected by the election judge or | ||||||
17 | official: | ||||||
18 | (1) if the ballot envelope is open or has been opened | ||||||
19 | and resealed; | ||||||
20 | (2) if the voter has already cast an early or grace | ||||||
21 | period ballot; | ||||||
22 | (3) if the voter voted in person on election day or the | ||||||
23 | voter is not a duly registered voter in the precinct; or | ||||||
24 | (4) on any other basis set forth in this Code. | ||||||
25 | If the election judge or official determines that any of | ||||||
26 | these reasons apply, the judge or official shall mark across |
| |||||||
| |||||||
1 | the face of the certification envelope the word "Rejected" and | ||||||
2 | shall not cast or count the ballot.
| ||||||
3 | (g-5) If an absentee ballot, other than an in-person | ||||||
4 | absentee ballot, is rejected by the election judge or official | ||||||
5 | for any reason, the election authority shall, within 2 days | ||||||
6 | after the rejection but in all cases before the close of the | ||||||
7 | period for counting provisional ballots, notify the absentee | ||||||
8 | voter that his or her ballot was rejected. The notice shall | ||||||
9 | inform the voter of the reason or reasons the ballot was | ||||||
10 | rejected and shall state that the voter may appear before the | ||||||
11 | election authority, on or before the 14th day after the | ||||||
12 | election, to show cause as to why the ballot should not be | ||||||
13 | rejected. The voter may present evidence to the election | ||||||
14 | authority supporting his or her contention that the ballot | ||||||
15 | should be counted. The election authority shall appoint a panel | ||||||
16 | of 3 election judges to review the contested ballot, | ||||||
17 | application, and certification envelope, as well as any | ||||||
18 | evidence submitted by the absentee voter. No more than 2 | ||||||
19 | election judges on the reviewing panel shall be of the same | ||||||
20 | political party. The reviewing panel of election judges shall | ||||||
21 | make a final determination as to the validity of the contested | ||||||
22 | absentee ballot. The judges' determination shall not be | ||||||
23 | reviewable either administratively or judicially. | ||||||
24 | An absentee ballot subject to this subsection that is | ||||||
25 | determined to be valid shall be counted before the close of the | ||||||
26 | period for counting provisional ballots.
|
| |||||||
| |||||||
1 | (g-8) When an absentee ballot is otherwise validly marked | ||||||
2 | for a candidate whose name is printed on the ballot, any | ||||||
3 | write-in vote or votes for that or any other candidate for that | ||||||
4 | office shall be void if counting the write-in vote or votes | ||||||
5 | would result in the voter over-voting with respect to that | ||||||
6 | office.
| ||||||
7 | (g-10) All absentee ballots determined to be valid shall be | ||||||
8 | added to the vote totals for the precincts for which they were | ||||||
9 | cast in the order in which the ballots were opened.
| ||||||
10 | (h) Each political party, candidate, and qualified civic | ||||||
11 | organization shall be entitled to have present one pollwatcher | ||||||
12 | for each panel of election judges therein assigned.
| ||||||
13 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
| ||||||
14 | (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
| ||||||
15 | Sec. 20-8. Time and place of counting ballots. | ||||||
16 | (a) (Blank.) | ||||||
17 | (b) Each absent voter's ballot returned to an election | ||||||
18 | authority, by any means authorized by this Article, and | ||||||
19 | received by that election authority before the closing of the | ||||||
20 | polls on election day shall be endorsed by the receiving | ||||||
21 | election authority with the day and hour of receipt and shall | ||||||
22 | be counted in the central ballot counting location of the | ||||||
23 | election authority on the day of the election after 7:00 p.m., | ||||||
24 | except as provided in subsections (g) and (g-5).
| ||||||
25 | (c) Each absent voter's ballot that is mailed to an |
| |||||||
| |||||||
1 | election authority and postmarked by the midnight preceding the | ||||||
2 | opening of the polls on election day, but that is received by | ||||||
3 | the election authority after the polls close on election day | ||||||
4 | and before the close of the period for counting provisional | ||||||
5 | ballots cast at that election, shall be endorsed by the | ||||||
6 | receiving authority with the day and hour of receipt and shall | ||||||
7 | be counted at the central ballot counting location of the | ||||||
8 | election authority during the period for counting provisional | ||||||
9 | ballots. | ||||||
10 | (d) Special write-in absentee voter's blank ballots | ||||||
11 | returned to an election authority, by any means authorized by | ||||||
12 | this Article, and received by the election authority at any | ||||||
13 | time before the closing of the polls on election day shall be | ||||||
14 | endorsed by the receiving election authority with the day and | ||||||
15 | hour of receipt and shall be counted at the central ballot | ||||||
16 | counting location of the election authority during the same | ||||||
17 | period provided for counting absent voters' ballots under | ||||||
18 | subsections (b), (g), and (g-5). Special write-in absentee | ||||||
19 | voter's blank ballot that are mailed to an election authority | ||||||
20 | and postmarked by midnight preceding the opening of the polls | ||||||
21 | on election day, but that are received by the election | ||||||
22 | authority after the polls close on election day and before the | ||||||
23 | closing of the period for counting provisional ballots cast at | ||||||
24 | that election, shall be endorsed by the receiving authority | ||||||
25 | with the day and hour of receipt and shall be counted at the | ||||||
26 | central ballot counting location of the election authority |
| |||||||
| |||||||
1 | during the same periods provided for counting absent voters' | ||||||
2 | ballots under subsection (c).
| ||||||
3 | (e) Except as otherwise provided in this Section, absent | ||||||
4 | voters' ballots and special write-in absentee voter's blank | ||||||
5 | ballots received by the election authority after the closing of | ||||||
6 | the polls on the day of election shall be
endorsed by the | ||||||
7 | person receiving the ballots with the day and hour of
receipt | ||||||
8 | and shall be safely kept unopened by the election authority for
| ||||||
9 | the period of time required for the preservation of ballots | ||||||
10 | used at the
election, and shall then, without being opened, be | ||||||
11 | destroyed in like
manner as the used ballots of that election.
| ||||||
12 | (f) Counting required under this Section to begin on | ||||||
13 | election day after the closing of the polls shall commence no | ||||||
14 | later than 8:00 p.m. and shall be conducted
by a panel or | ||||||
15 | panels of election judges appointed in the manner provided
by | ||||||
16 | law. The counting shall continue until all absent voters' | ||||||
17 | ballots and special write-in absentee voter's blank ballots | ||||||
18 | required to be counted on election day have been counted.
| ||||||
19 | (g) The procedures set forth in Articles 17 and
18 of this | ||||||
20 | Code shall apply to all ballots counted under
this Section. In | ||||||
21 | addition, within 2 days after a ballot subject to this Article | ||||||
22 | is received, but in all cases before the close of the period | ||||||
23 | for counting provisional ballots, the election judge or | ||||||
24 | official shall compare the voter's signature on the | ||||||
25 | certification envelope of that ballot with the signature of the | ||||||
26 | voter on file in the office of the election authority. If the |
| |||||||
| |||||||
1 | election judge or official determines that the 2 signatures | ||||||
2 | match, and that the voter is otherwise qualified to cast a | ||||||
3 | ballot under this Article, the election authority shall cast | ||||||
4 | and count the ballot on election day or the day the ballot is | ||||||
5 | determined to be valid, whichever is later, adding the results | ||||||
6 | to the precinct in which the voter is registered. If the | ||||||
7 | election judge or official determines that the signatures do | ||||||
8 | not match, or that the voter is not qualified to cast a ballot | ||||||
9 | under this Article, then without opening the certification | ||||||
10 | envelope, the judge or official shall mark across the face of | ||||||
11 | the certification envelope the word "Rejected" and shall not | ||||||
12 | cast or count the ballot. | ||||||
13 | In addition to the voter's signatures not matching, a | ||||||
14 | ballot subject to this Article may be rejected by the election | ||||||
15 | judge or official: | ||||||
16 | (1) if the ballot envelope is open or has been opened | ||||||
17 | and resealed; | ||||||
18 | (2) if the voter has already cast an early or grace | ||||||
19 | period ballot; | ||||||
20 | (3) if the voter voted in person on election day or the | ||||||
21 | voter is not a duly registered voter in the precinct; or | ||||||
22 | (4) on any other basis set forth in this Code. | ||||||
23 | If the election judge or official determines that any of | ||||||
24 | these reasons apply, the judge or official shall mark across | ||||||
25 | the face of the certification envelope the word "Rejected" and | ||||||
26 | shall not cast or count the ballot. |
| |||||||
| |||||||
1 | (g-5) If a ballot subject to this Article is rejected by | ||||||
2 | the election judge or official for any reason, the election | ||||||
3 | authority shall, within 2 days after the rejection but in all | ||||||
4 | cases before the close of the period for counting provisional | ||||||
5 | ballots, notify the voter that his or her ballot was rejected. | ||||||
6 | The notice shall inform the voter of the reason or reasons the | ||||||
7 | ballot was rejected and shall state that the voter may appear | ||||||
8 | before the election authority, on or before the 14th day after | ||||||
9 | the election, to show cause as to why the ballot should not be | ||||||
10 | rejected. The voter may present evidence to the election | ||||||
11 | authority supporting his or her contention that the ballot | ||||||
12 | should be counted. The election authority shall appoint a panel | ||||||
13 | of 3 election judges to review the contested ballot, | ||||||
14 | application, and certification envelope, as well as any | ||||||
15 | evidence submitted by the absentee voter. No more than 2 | ||||||
16 | election judges on the reviewing panel shall be of the same | ||||||
17 | political party. The reviewing panel of election judges shall | ||||||
18 | make a final determination as to the validity of the contested | ||||||
19 | ballot. The judges' determination shall not be reviewable | ||||||
20 | either administratively or judicially. | ||||||
21 | A ballot subject to this subsection that is determined to | ||||||
22 | be valid shall be counted before the close of the period for | ||||||
23 | counting provisional ballots. | ||||||
24 | (g-8) When an absentee ballot is otherwise validly marked | ||||||
25 | for a candidate whose name is printed on the ballot, any | ||||||
26 | write-in vote or votes for that or any other candidate for that |
| |||||||
| |||||||
1 | office shall be void if counting the write-in vote or votes | ||||||
2 | would result in the voter over-voting with respect to that | ||||||
3 | office.
| ||||||
4 | (g-10) All ballots determined to be valid shall be added to | ||||||
5 | the vote totals for the precincts for which they were cast in | ||||||
6 | the order in which the ballots were opened.
| ||||||
7 | (h) Each political party,
candidate, and qualified civic | ||||||
8 | organization shall be entitled to have
present one pollwatcher | ||||||
9 | for each panel of election judges therein assigned.
| ||||||
10 | (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
| ||||||
11 | Section 95. No acceleration or delay. Where this Act makes | ||||||
12 | changes in a statute that is represented in this Act by text | ||||||
13 | that is not yet or no longer in effect (for example, a Section | ||||||
14 | represented by multiple versions), the use of that text does | ||||||
15 | not accelerate or delay the taking effect of (i) the changes | ||||||
16 | made by this Act or (ii) provisions derived from any other | ||||||
17 | Public Act.
|