102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB1762

 

Introduced 2/26/2021, by Sen. Neil Anderson

 

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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A BILL FOR

 

SB1762LRB102 14436 SMS 19788 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 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
8and Vice-President of the United States shall be in the
9following manner:
10    (a) In each year in which a President and Vice-President
11of the United States are chosen, each political party or group
12in this State shall choose by its State Convention or State
13central committee electors of President and Vice-President of
14the United States and such State Convention or State central
15committee of such party or group shall also choose electors at
16large, if any are to be appointed for this State and such State
17Convention or State central committee of such party or group
18shall by its chair and secretary certify the total list of such
19electors, designating one elector for each congressional
20district in the State, together with electors at large so
21chosen to the State Board of Elections.
22    The filing of such certificate with the Board, of such
23choosing of electors shall be deemed and taken to be the

 

 

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1choosing and selection of the electors of this State, if such
2party or group is successful at the polls as herein provided in
3choosing their candidates for President and Vice-President of
4the United States.
5    (b) The names of the candidates of the several political
6parties or groups for electors of President and Vice-President
7shall not be printed on the official ballot to be voted in the
8election to be held on the day in this Act above named. In lieu
9of the names of the candidates for such electors of President
10and Vice-President, immediately under the appellation of party
11name of a party or group in the column of its candidates on the
12official ballot, to be voted at said election first above
13named in subsection (1) of Section 2A-1.2 and Section 2A-2,
14there shall be printed within a bracket the name of the
15candidate for President and the name of the candidate for
16Vice-President of such party or group with a square to the left
17of such bracket. Each voter in this State from the several
18lists or sets of electors so chosen and selected by the said
19respective political parties or groups for each congressional
20district and at large, may choose and elect one of such lists
21or sets of electors by placing a cross in the square to the
22left of the bracket aforesaid of one of such parties or groups.
23Placing a cross within the square before the bracket enclosing
24the names of President and Vice-President shall not be deemed
25and taken as a direct vote for such candidates for President
26and Vice-President, or either of them, but shall only be

 

 

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1deemed and taken to be a vote for the entire list or set of
2electors chosen for that congressional district and at large
3by that political party or group so certified to the State
4Board of Elections as herein provided. Voting by means of
5placing a cross in the appropriate place preceding the
6appellation or title of the particular political party or
7group, shall not be deemed or taken as a direct vote for the
8candidates for President and Vice-President, or either of
9them, but instead to the Presidential vote, as a vote for the
10entire list or set of electors chosen by that political party
11or group so certified to the State Board of Elections as herein
12provided.
13    (c) Such certification by the respective political parties
14or groups in this State of electors of President and
15Vice-President shall be made to the State Board of Elections
16within 2 days after such State convention or meeting of the
17State central committee in which the electors were chosen.
18    (d) Should more than one certificate of choice and
19selection of electors of the same political party or group be
20filed by contesting conventions or contesting groups, it shall
21be the duty of the State Board of Elections within 10 days
22after the adjournment of the last of such conventions to meet
23and determine which set of nominees for electors of such party
24or group was chosen and selected by the authorized convention
25of such party or group. The Board, after notice to the chair
26and secretaries or managers of the conventions or groups and

 

 

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1after a hearing shall determine which set of electors was so
2chosen by the authorized convention and shall so announce and
3publish the fact, and such decision shall be final and the set
4of electors so determined upon by the electoral board to be so
5chosen shall be the list or set of electors to be deemed
6elected if that party shall be successful at the polls, as
7herein provided.
8    (e) Should a vacancy occur in the choice of an elector in a
9congressional district, such vacancy may be filled by the
10executive committee of the party or group for such
11congressional district, to be certified by such committee to
12the State Board of Elections. Should a vacancy occur in the
13office of elector at large, such vacancy shall be filled by the
14State committee of such political party or group, and
15certified by it to the State Board of Elections.
16(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)
 
17    (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)
18    Sec. 21-2. Election of electors; votes of electors.     
19    (a) The county clerks of the several counties shall, within 21
20days next after holding the election named in subsection (1)
21of Section 2A-1.2 and Section 2A-2, make 2 copies of the
22abstract of the votes cast for electors by each political
23party or group, as indicated by the voter, as aforesaid, by a
24cross in the square to the left of the bracket aforesaid, or as
25indicated by a cross in the appropriate place preceding the

 

 

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1appellation or title of the particular political party or
2group, and transmit by mail one of the copies to the office of
3the State Board of Elections and retain the other in his
4office, to be sent for by the electoral board in case the other
5should be mislaid. Within 31 days after the holding of such
6election, and sooner if all the returns are received by the
7State Board of Elections, the State Board of Elections shall
8proceed to open and canvass said election returns and to
9declare which set of candidates for President and
10Vice-President received, as aforesaid, the highest number of
11votes cast at such election as aforesaid; and the electors of
12that party whose candidates for President and Vice-President
13received the highest number of votes so cast shall be taken and
14deemed to be elected as electors of President and
15Vice-President, but should 2 or more sets of candidates for
16President and Vice-President be returned with an equal and the
17highest vote, the State Board of Elections shall cause a
18notice of the same to be published, which notice shall name
19some day and place, not less than 5 days from the time of such
20publication of such notice, upon which the State Board of
21Elections will decide by lot which of the sets of candidates
22for President and Vice-President so equal and highest shall be
23declared to be highest. And upon the day and at the place so
24appointed in the notice, the board shall so decide by lot and
25declare which is deemed highest of the sets of candidates for
26President and Vice-President so equal and highest, thereby

 

 

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1determining only that the electors chosen as aforesaid by such
2candidates' party or group are thereby elected by general
3ticket to be such electors.
4    (b) Notwithstanding any law to the contrary, the elector
5of President and Vice President receiving the highest number
6of votes in a congressional district shall be elected an
7elector of President and Vice President and shall cast his or
8her vote pursuant to this Article for the candidates for
9President and Vice President of his or her political party or
10group. The electors of President and Vice President at large
11who receive the highest or second highest number of votes
12statewide shall be electors of President and Vice President
13and shall cast their votes pursuant to this Article for the
14candidates for President and Vice President of those electors'
15political parties or groups.
16(Source: P.A. 100-863, eff. 8-14-18.)