Sen. Michael W. Frerichs
Filed: 3/13/2007
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 439 




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    AMENDMENT NO. ______. Amend Senate Bill 439  by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Election Code is amended by changing 
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Section 16-5.01 as
follows:


 



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    (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)



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    Sec. 16-5.01. (a) The election authority shall, at least 60

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days prior to the date of any general election at which federal 
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officers
are elected and 45 days prior to any other regular 
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election, have a
sufficient number of ballots printed so that 
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such ballots will be available
for mailing 60 days prior to the 
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date of the election to persons who have
filed application for 
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a ballot under the provisions of Article 20 of this Act.

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    (b) If at any general election at which federal offices are 
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elected
the election authority is unable to comply with the 
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provisions
of subsection (a), the election authority shall mail 
 


 






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to each such person, in
lieu of the ballot, a Special Write-in 
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Absentee Voter's Blank Ballot.
The Special Write-in Absentee 
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Voter's Blank Ballot shall be used only at
general elections at 
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which federal officers are elected and shall be
prepared by the 
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election authority in substantially the following form:

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Special Write-in Absentee Voter's Blank Ballot


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    (To vote for a person, write the title of the office and 
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his or her name
on the lines provided.  Place to the left of and 
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opposite the title of
office a square and place a cross (X) in 
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the square.)

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        Title of Office                 Name of Candidate

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(    )                                                       

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(    )                                                       

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(    )                                                       

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(    )                                                       

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(    )                                                       

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(    )                                                       

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    The election authority shall send with the Special Write-in 
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Absentee
Voter's Blank Ballot a list of all referenda for which 
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the voter is qualified
to vote and all candidates for whom 
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nomination papers have been filed and
for whom the voter is 
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qualified to vote.  The voter shall be entitled to
write in the 
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name of any candidate seeking
election and any referenda for 
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which he or she is entitled to vote.

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    On the back or outside of the ballot, so as to appear when 
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folded, shall
be printed the words "Official Ballot", the date 
 


 






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of the election and a
facsimile of the signature of the 
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election authority who has caused the
ballot to be printed.

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    The provisions of Article 20, insofar as they may be 
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applicable to the
Special Write-in Absentee Voter's Blank 
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Ballot, shall be applicable herein.

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    (c) Notwithstanding any provision of this Code or other law


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to the contrary, the governing body of a municipality may 
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adopt, upon submission of a written statement by the 
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municipality's election authority attesting to the 
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administrative ability of the election authority to administer 
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an election using a ranked ballot to the municipality's 
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governing body,



an ordinance requiring, and that 
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municipality's election

authority shall prepare, a ranked 
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absentee ballot for

municipal and township office candidates to 
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be voted on in the consolidated

election.

This ranked ballot 
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shall be for use only by

a qualified voter who either is a 
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member of the United States

military or will be outside of the 
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United States on the

consolidated primary election day and the 
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consolidated

election day. The ranked ballot shall contain a 
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list of the

titles of all municipal and township offices 
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potentially contested at both the consolidated

primary 
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election and the consolidated election and the candidates for 
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each office and shall

permit the elector to vote in the 
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consolidated election by

indicating his or her order of 
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preference for each candidate

for each office. To indicate his 
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or her order of preference for

each candidate for each office, 
 


 






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the voter shall put the number

one next to the name of the 
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candidate who is the voter's first

choice, the number 2 for his 
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or her second choice, and so forth

so that, in consecutive 
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numerical order, a number indicating

the voter's preference is 
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written by the voter next to each

candidate's name on the 
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ranked ballot. The voter shall not be required

to indicate his 
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or her preference for more than one candidate

on the ranked 
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ballot. The voter may not cast a write-in vote using the ranked 
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ballot for the consolidated election. The election authority 
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shall, if using the

ranked absentee ballot authorized by this 
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subsection, also

prepare instructions for use of the ranked 
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ballot. The ranked ballot for the consolidated election shall 
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be mailed to the voter at the same time that the ballot for the 
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consolidated primary election is mailed to the voter and the 
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election authority shall accept the completed ranked ballot for 
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the consolidated election when the authority accepts the 
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completed ballot for the consolidated primary election.

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    The voter shall also be sent an absentee ballot for the 
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consolidated election for those races that are not related to 
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the results of the consolidated primary election as soon as the 
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consolidated election ballot is certified.

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    The State Board of Elections shall adopt rules for election


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authorities for the implementation of this subsection,


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including but not limited to the application for and counting


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of ranked ballots.

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(Source: P.A. 86-875.)".