Full Text of HB4011 93rd General Assembly
HB4011 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4011
Introduced 1/14/2004, by Paul D. Froehlich, Barbara Flynn Currie, Elaine Nekritz, Julie Hamos SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-80 new |
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10 ILCS 5/16-15 new |
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10 ILCS 5/17-50 new |
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65 ILCS 5/3.1-15-45 new |
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65 ILCS 5/3.1-15-50 new |
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65 ILCS 5/3.1-15-55 new |
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Amends the Election Code and the Illinois Municipal Code.
Authorizes municipalities by referendum to adopt an instant run-off voting
method for the
nonpartisan offices of mayor,
city clerk, city treasurer, and city councilman or alderman from single-member districts. Provides procedures for marking and counting ballots. Declares that a
municipal election using
instant runoff voting is valid if it otherwise conformed to law.
Effective immediately. |
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A BILL FOR
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HB4011 |
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LRB093 14644 JAM 40157 b |
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| AN ACT in relation to elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by adding Sections | 5 |
| 7-80, 16-15, and
17-50 as follows:
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| (10 ILCS 5/7-80 new)
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| Sec. 7-80. Municipal run-off. Any provision of this | 8 |
| Article to the
contrary notwithstanding, the election | 9 |
| authority of a municipality may conduct
instant run-off | 10 |
| elections as provided in the Illinois Municipal Code. Any
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| provision of
this Article that would otherwise preclude an | 12 |
| instant run-off election is
deemed inapplicable to instant | 13 |
| run-off elections conducted in accordance with
the Illinois | 14 |
| Municipal Code.
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| (10 ILCS 5/16-15 new)
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| Sec. 16-15. Municipal run-off. Any provision of this | 17 |
| Article to the
contrary notwithstanding, the election | 18 |
| authority of a municipality may prepare
instant
run-off | 19 |
| election ballots as provided in the Illinois Municipal Code. | 20 |
| Any
provision of this Article that would otherwise preclude an | 21 |
| instant run-off
election ballot is deemed inapplicable to | 22 |
| instant run-off election ballots
prepared in accordance with | 23 |
| the Illinois Municipal Code.
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| (10 ILCS 5/17-50 new)
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| Sec. 17-50. Municipal run-off. Any provision of this | 26 |
| Article to the
contrary notwithstanding, the election | 27 |
| authority of a municipality may conduct
instant
run-off | 28 |
| elections as provided in the Illinois Municipal Code. Any | 29 |
| provision of
this Article that
would otherwise preclude an | 30 |
| instant run-off election is deemed inapplicable to
instant |
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HB4011 |
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LRB093 14644 JAM 40157 b |
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| run-off elections conducted in accordance with the Illinois | 2 |
| Municipal
Code.
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| Section 10. The Illinois Municipal Code is amended by | 4 |
| adding Sections
3.1-15-45, 3.1-15-50, and 3.1-15-55 as | 5 |
| follows:
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| (65 ILCS 5/3.1-15-45 new)
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| Sec. 3.1-15-45. Instant runoff voting.
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| (a) Whenever the question of incorporation as a city under | 9 |
| this Code is
submitted for
adoption to the electors of any | 10 |
| territory, village, incorporated town, or city
under
special | 11 |
| charter, there may be submitted at the same time for adoption | 12 |
| or
rejection the
question of instant runoff voting for mayor, | 13 |
| city clerk, city treasurer, and
city councilman or alderman, | 14 |
| provided that those offices are to be nonpartisan and that the | 15 |
| councilmen or aldermen are to be elected from single-member | 16 |
| districts.
The
proposition
shall be in the following form:
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| Shall instant runoff voting for mayor, city clerk, city | 18 |
| treasurer, and city
councilman or alderman be
adopted?
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| (b) If a majority of the votes cast on the question at any | 20 |
| election are for
instant runoff
voting for mayor, city clerk, | 21 |
| city treasurer, and city councilman or alderman,
the mayor, | 22 |
| city clerk, city
treasurer, and city councilman or alderman, | 23 |
| except as otherwise provided,
thereafter shall be elected as
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| provided in
Section 3.1-15-50.
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| (c) If a majority of the votes cast on the question at any | 26 |
| election are
against instant
runoff voting for mayor, city | 27 |
| clerk, city treasurer, and city councilman or
alderman, the | 28 |
| mayor, city
clerk, city
treasurer, and city councilman or | 29 |
| alderman shall be elected as otherwise
provided in this Code.
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| (d) At any time after the incorporation of a city under | 31 |
| this Code, on
petition
of electors
equal in number to | 32 |
| one-eighth the number of legal votes cast at the next
preceding | 33 |
| consolidated election, the city clerk shall certify the
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| question of the
adoption or retention of instant runoff voting |
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HB4011 |
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LRB093 14644 JAM 40157 b |
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| to the proper election
authority for
submission to the electors | 2 |
| of that city. The proposition shall be in the
same form as
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| provided in this Section, except that the word "retained" shall | 4 |
| be
substituted for the
word "adopted" when appropriate. A | 5 |
| question of instant runoff voting,
however,
shall not be | 6 |
| submitted more than once within 32 months.
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| (65 ILCS 5/3.1-15-50 new)
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| Sec. 3.1-15-50. Mayor, city clerk, city treasurer, and city | 9 |
| councilman or
alderman under instant runoff
voting plan.
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| (a) The ballot shall be designed to allow an elector to | 11 |
| vote for the
elector's
first, second,
and third choices from | 12 |
| among the candidates, including candidates listed on the
ballot | 13 |
| or
one write-in candidate.
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| (b) Ballots shall be counted as follows:
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| (1) The elector's vote shall be assigned to the | 16 |
| candidate marked as the
elector's first
choice. If one | 17 |
| candidate receives a majority of the first-choice votes, | 18 |
| that
candidate shall
be declared elected.
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| (2) If no candidate receives a majority of the | 20 |
| first-choice votes, the
candidate
receiving the fewest | 21 |
| first-choice votes shall be eliminated. Each vote
cast for | 22 |
| the
eliminated candidate shall be transferred to the | 23 |
| candidate who was each
elector's
next choice on the ballot.
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| (3) Candidates with the fewest votes shall continue to | 25 |
| be eliminated, with
the votes
for those candidates | 26 |
| transferred to the candidate who was each
elector's next
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| choice on the ballot until a candidate receives a majority | 28 |
| of the votes
cast. When
a candidate receives a majority of | 29 |
| votes, that candidate shall be
declared
elected.
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| (4) Notwithstanding any provision of this Section, a | 31 |
| candidate shall be
eliminated
before the first tally of | 32 |
| ballots if the candidate receives fewer than
500 votes, or
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| fewer than 10% of the total votes cast for that office,
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| whichever is less.
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| (c) An elector may vote the elector's choices as follows:
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LRB093 14644 JAM 40157 b |
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| (1) For each office for which there are 3 or more
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| candidates listed on
the ballot, an elector may indicate 3 | 3 |
| choices.
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| (2) For each office for which there are 2 candidates | 5 |
| listed
on the
ballot, an elector may indicate 2 choices.
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| (3) For each office for which there is one or no | 7 |
| candidate
listed on the
ballot, an elector may indicate one | 8 |
| choice.
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| (d) If all candidates for whom an elector voted on a ballot | 10 |
| are eliminated,
the
ballot shall
be declared exhausted and may | 11 |
| not be considered in any continuing
determination of
whether a | 12 |
| candidate received a majority of votes cast. If
the ballot
of | 13 |
| an elector does not list the elector's choices in numerical | 14 |
| order, the
elector's next
clearly indicated choice in order | 15 |
| shall be counted. If an elector's ballot
assigns the
same | 16 |
| numeric choice to more than one candidate, those assignments | 17 |
| are
invalid, and
the elector's vote is transferred to the next | 18 |
| numeric choice, if any.
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| (e) If 2 or more candidates for the same office, after a
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| recount of the
votes cast, have an equal number of votes at any | 21 |
| stage of the counting of
the votes
and one of the candidates is | 22 |
| to be eliminated, the tie shall be resolved by
lot.
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| (65 ILCS 5/3.1-15-55 new)
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| Sec. 3.1-15-55. Instant runoff election validation. In any | 25 |
| case in which a city held an election for city officers, such | 26 |
| election
is declared
to be legal and valid if an instant runoff | 27 |
| method was used, as described in
Section 3.1-15-45, if the | 28 |
| election was in other respects in conformity with
law.
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| Section 99. Effective date. This Act takes effect upon | 30 |
| becoming law. |
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