Public Act 095-0889
 		





SB0439 Enrolled
LRB095 10021 JAM 30235 b






    AN ACT concerning elections. 

 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly: 

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


 



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



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

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

    (b) If at any general election at which federal offices are 
elected
the election authority is unable to comply with the 
provisions
of subsection (a), the election authority shall mail 
to each such person, in
lieu of the ballot, a Special Write-in 
Absentee Voter's Blank Ballot.
The Special Write-in Absentee 
Voter's Blank Ballot shall be used only at
general elections at 
which federal officers are elected and shall be
prepared by the 
election authority in substantially the following form:

Special Write-in Absentee Voter's Blank Ballot


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

        Title of Office                 Name of Candidate

(    )                                                       

(    )                                                       

(    )                                                       

(    )                                                       

(    )                                                       

(    )                                                       

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

    On the back or outside of the ballot, so as to appear when 
folded, shall
be printed the words "Official Ballot", the date 
of the election and a
facsimile of the signature of the 
election authority who has caused the
ballot to be printed.

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

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


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



an ordinance requiring, and that 
municipality's election

authority shall prepare, a ranked 
absentee ballot for

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

election.

This ranked ballot 
shall be for use only by

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

military or will be outside of the 
United States on the

consolidated primary election day and the 
consolidated

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

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

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

permit the elector to vote in the 
consolidated election by

indicating his or her order of 
preference for each candidate

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

each candidate for each office, 
the voter shall put the number

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

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

so that, in consecutive 
numerical order, a number indicating

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

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

to indicate his 
or her preference for more than one candidate

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

ranked absentee ballot authorized by this 
subsection, also

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

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

    The State Board of Elections shall adopt rules for election


authorities for the implementation of this subsection,


including but not limited to the application for and counting


of ranked ballots.

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





Effective Date:  1/1/2009