Illinois General Assembly - Full Text of HB3175
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Full Text of HB3175  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/17/2023, by Rep. Tom Weber


10 ILCS 5/16-3  from Ch. 46, par. 16-3

    Amends the Election Code. Provides that ballots used in all elections held in the State must contain an "Illinois State Board of Elections" watermark, and the ballots prepared by each election authority responsible for having the official ballot prepared shall be numbered consecutively, beginning with the number "1". Provides that no linkage of the ballot number to the voter may be recorded.

LRB103 29938 BMS 56353 b





HB3175LRB103 29938 BMS 56353 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
5Section 16-3 as follows:
6    (10 ILCS 5/16-3)  (from Ch. 46, par. 16-3)
7    Sec. 16-3. (a) Ballots used in all elections held in this
8State must contain an "Illinois State Board of Elections"
9watermark, and the ballots prepared by each election authority
10responsible for having the official ballot prepared shall be
11numbered consecutively, beginning with the number "1". No
12linkage of the ballot number to the voter may be recorded. The
13names of all candidates to be voted for in each election
14district or precinct shall be printed on one ballot, except as
15is provided in Sections 16-6.1 and 21-1.01 of this Code Act and
16except as otherwise provided in this Code Act with respect to
17the odd year regular elections and the emergency referenda;
18all nominations of any political party being placed under the
19party appellation or title of such party as designated in the
20certificates of nomination or petitions. The names of all
21independent candidates shall be printed upon the ballot in a
22column or columns under the heading "independent" arranged
23under the names or titles of the respective offices for which



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1such independent candidates shall have been nominated and so
2far as practicable, the name or names of any independent
3candidate or candidates for any office shall be printed upon
4the ballot opposite the name or names of any candidate or
5candidates for the same office contained in any party column
6or columns upon said ballot. The ballot shall contain no other
7names, except that in cases of electors for President and
8Vice-President of the United States, the names of the
9candidates for President and Vice-President may be added to
10the party designation and words calculated to aid the voter in
11his choice of candidates may be added, such as "Vote for one,"
12"Vote for not more than three." If no candidate or candidates
13file for an office and if no person or persons file a
14declaration as a write-in candidate for that office, then
15below the title of that office the election authority instead
16shall print "No Candidate". When an electronic voting system
17is used which utilizes a ballot label booklet, the candidates
18and questions shall appear on the pages of such booklet in the
19order provided by this Code; and, in any case where candidates
20for an office appear on a page which does not contain the name
21of any candidate for another office, and where less than 50% of
22the page is utilized, the name of no candidate shall be printed
23on the lowest 25% of such page. On the back or outside of the
24ballot, so as to appear when folded, shall be printed the words
25"Official Ballot", followed by the designation of the polling
26place for which the ballot is prepared, the date of the



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1election and a facsimile of the signature of the election
2authority who has caused the ballots to be printed. The
3ballots shall be of plain white paper, through which the
4printing or writing cannot be read. However, ballots for use
5at the nonpartisan and consolidated elections may be printed
6on different color paper, except blue paper, whenever
7necessary or desirable to facilitate distinguishing between
8ballots for different political subdivisions. In the case of
9nonpartisan elections for officers of a political subdivision,
10unless the statute or an ordinance adopted pursuant to Article
11VII of the Constitution providing the form of government
12therefor requires otherwise, the column listing such
13nonpartisan candidates shall be printed with no appellation or
14circle at its head. The party appellation or title, or the word
15"independent" at the head of any column provided for
16independent candidates, shall be printed in letters not less
17than one-fourth of an inch in height and a circle one-half inch
18in diameter shall be printed at the beginning of the line in
19which such appellation or title is printed, provided, however,
20that no such circle shall be printed at the head of any column
21or columns provided for such independent candidates. The names
22of candidates shall be printed in letters not less than
23one-eighth nor more than one-fourth of an inch in height, and
24at the beginning of each line in which a name of a candidate is
25printed a square shall be printed, the sides of which shall be
26not less than one-fourth of an inch in length. However, the



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1names of the candidates for Governor and Lieutenant Governor
2on the same ticket shall be printed within a bracket and a
3single square shall be printed in front of the bracket. The
4list of candidates of the several parties and any such list of
5independent candidates shall be placed in separate columns on
6the ballot in such order as the election authorities charged
7with the printing of the ballots shall decide; provided, that
8the names of the candidates of the several political parties,
9certified by the State Board of Elections to the several
10county clerks shall be printed by the county clerk of the
11proper county on the official ballot in the order certified by
12the State Board of Elections. Any county clerk refusing,
13neglecting or failing to print on the official ballot the
14names of candidates of the several political parties in the
15order certified by the State Board of Elections, and any
16county clerk who prints or causes to be printed upon the
17official ballot the name of a candidate, for an office to be
18filled by the Electors of the entire State, whose name has not
19been duly certified to him upon a certificate signed by the
20State Board of Elections shall be guilty of a Class C
22    (b) When an electronic voting system is used which
23utilizes a ballot card, on the inside flap of each ballot card
24envelope there shall be printed a form for write-in voting
25which shall be substantially as follows:



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1    (See card of instructions for specific information.
2Duplicate form below by hand for additional write-in votes.)  
3     .............................  
4     Title of Office
5(   ) .............................  
6     Name of Candidate
7    Write-in lines equal to the number of candidates for which
8a voter may vote shall be printed for an office only if one or
9more persons filed declarations of intent to be write-in
10candidates or qualify to file declarations to be write-in
11candidates under Sections 17-16.1 and 18-9.1 when the
12certification of ballot contains the words "OBJECTION
14    (c) When an electronic voting system is used which uses a
15ballot sheet, the instructions to voters on the ballot sheet
16shall refer the voter to the card of instructions for specific
17information on write-in voting. Below each office appearing on
18such ballot sheet there shall be a provision for the casting of
19a write-in vote. Write-in lines equal to the number of
20candidates for which a voter may vote shall be printed for an
21office only if one or more persons filed declarations of
22intent to be write-in candidates or qualify to file
23declarations to be write-in candidates under Sections 17-16.1
24and 18-9.1 when the certification of ballot contains the words
26    (d) When such electronic system is used, there shall be



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1printed on the back of each ballot card, each ballot card
2envelope, and the first page of the ballot label when a ballot
3label is used, the words "Official Ballot," followed by the
4number of the precinct or other precinct identification, which
5may be stamped, in lieu thereof and, as applicable, the number
6and name of the township, ward or other election district for
7which the ballot card, ballot card envelope, and ballot label
8are prepared, the date of the election and a facsimile of the
9signature of the election authority who has caused the ballots
10to be printed. The back of the ballot card shall also include a
11method of identifying the ballot configuration such as a
12listing of the political subdivisions and districts for which
13votes may be cast on that ballot, or a number code identifying
14the ballot configuration or color coded ballots, except that
15where there is only one ballot configuration in a precinct,
16the precinct identification, and any applicable ward
17identification, shall be sufficient. Ballot card envelopes
18used in punch card systems shall be of paper through which no
19writing or punches may be discerned and shall be of sufficient
20length to enclose all voting positions. However, the election
21authority may provide ballot card envelopes on which no
22precinct number or township, ward or other election district
23designation, or election date are preprinted, if space and a
24preprinted form are provided below the space provided for the
25names of write-in candidates where such information may be
26entered by the judges of election. Whenever an election



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1authority utilizes ballot card envelopes on which the election
2date and precinct is not preprinted, a judge of election shall
3mark such information for the particular precinct and election
4on the envelope in ink before tallying and counting any
5write-in vote written thereon. If some method of insuring
6ballot secrecy other than an envelope is used, such
7information must be provided on the ballot itself.
8    (e) In the designation of the name of a candidate on the
9ballot, the candidate's given name or names, initial or
10initials, a nickname by which the candidate is commonly known,
11or a combination thereof, may be used in addition to the
12candidate's surname. If a candidate has changed his or her
13name, whether by a statutory or common law procedure in
14Illinois or any other jurisdiction, within 3 years before the
15last day for filing the petition for nomination, nomination
16papers, or certificate of nomination for that office,
17whichever is applicable, then (i) the candidate's name on the
18ballot must be followed by "formerly known as (list all prior
19names during the 3-year period) until name changed on (list
20date of each such name change)" and (ii) the petition, papers,
21or certificate must be accompanied by the candidate's
22affidavit stating the candidate's previous names during the
23period specified in (i) and the date or dates each of those
24names was changed; failure to meet these requirements shall be
25grounds for denying certification of the candidate's name for
26the ballot or removing the candidate's name from the ballot,



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1as appropriate, but these requirements do not apply to name
2changes resulting from adoption to assume an adoptive parent's
3or parents' surname, marriage or civil union to assume a
4spouse's surname, or dissolution of marriage or civil union or
5declaration of invalidity of marriage or civil union to assume
6a former surname or a name change that conforms the
7candidate's name to his or her gender identity. No other
8designation such as a political slogan, title, or degree or
9nickname suggesting or implying possession of a title, degree
10or professional status, or similar information may be used in
11connection with the candidate's surname. For purposes of this
12Section, a "political slogan" is defined as any word or words
13expressing or connoting a position, opinion, or belief that
14the candidate may espouse, including, but not limited to, any
15word or words conveying any meaning other than that of the
16personal identity of the candidate. A candidate may not use a
17political slogan as part of his or her name on the ballot,
18notwithstanding that the political slogan may be part of the
19candidate's name.
20    (f) The State Board of Elections, a local election
21official, or an election authority shall remove any
22candidate's name designation from a ballot that is
23inconsistent with subsection (e) of this Section. In addition,
24the State Board of Elections, a local election official, or an
25election authority shall not certify to any election authority
26any candidate name designation that is inconsistent with



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1subsection (e) of this Section.
2    (g) If the State Board of Elections, a local election
3official, or an election authority removes a candidate's name
4designation from a ballot under subsection (f) of this
5Section, then the aggrieved candidate may seek appropriate
6relief in circuit court.
7    Where voting machines or electronic voting systems are
8used, the provisions of this Section may be modified as
9required or authorized by Article 24 or Article 24A, whichever
10is applicable.
11    Nothing in this Section shall prohibit election
12authorities from using or reusing ballot card envelopes which
13were printed before January 1, 1986 (the effective date of
14Public Act 84-820) this amendatory Act of 1985.
15(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)