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Public Act 92-0178
HB1914 Enrolled LRB9205518JMmb
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
Sections 16-3 and 16-6.1 as follows:
(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
Sec. 16-3. The names of all candidates to be voted for
in each election district or precinct shall be printed on one
ballot, except as is provided in Sections 16-6.1 and 21-1.01
of this Act and except as otherwise provided in this Act with
respect to the odd year regular elections and the emergency
referenda; all nominations of any political party being
placed under the party appellation or title of such party as
designated in the certificates of nomination or petitions.
The names of all independent candidates shall be printed upon
the ballot in a column or columns under the heading
"independent" arranged under the names or titles of the
respective offices for which such independent candidates
shall have been nominated and so far as practicable, the name
or names of any independent candidate or candidates for any
office shall be printed upon the ballot opposite the name or
names of any candidate or candidates for the same office
contained in any party column or columns upon said ballot.
The ballot shall contain no other names, except that in cases
of electors for President and Vice-President of the United
States, the names of the candidates for President and
Vice-President may be added to the party designation and
words calculated to aid the voter in his choice of candidates
may be added, such as "Vote for one," "Vote for three." When
an electronic voting system is used which utilizes a ballot
label booklet, the candidates and questions shall appear on
the pages of such booklet in the order provided by this Code;
and, in any case where candidates for an office appear on a
page which does not contain the name of any candidate for
another office, and where less than 50% of the page is
utilized, the name of no candidate shall be printed on the
lowest 25% of such page. On the back or outside of the
ballot, so as to appear when folded, shall be printed the
words "Official Ballot", followed by the designation of the
polling place for which the ballot is prepared, the date of
the election and a facsimile of the signature of the election
authority who has caused the ballots to be printed. The
ballots shall be of plain white paper, through which the
printing or writing cannot be read. However, ballots for use
at the nonpartisan and consolidated elections may be printed
on different color paper, except blue paper, whenever
necessary or desirable to facilitate distinguishing between
ballots for different political subdivisions. In the case of
nonpartisan elections for officers of a political
subdivision, unless the statute or an ordinance adopted
pursuant to Article VII of the Constitution providing the
form of government therefor requires otherwise, the column
listing such nonpartisan candidates shall be printed with no
appellation or circle at its head. The party appellation or
title, or the word "independent" at the head of any column
provided for independent candidates, shall be printed in
capital letters not less than one-fourth of an inch in height
and a circle one-half inch in diameter shall be printed at
the beginning of the line in which such appellation or title
is printed, provided, however, that no such circle shall be
printed at the head of any column or columns provided for
such independent candidates. The names of candidates shall be
printed in capital letters not less than one-eighth nor more
than one-fourth of an inch in height, and at the beginning of
each line in which a name of a candidate is printed a square
shall be printed, the sides of which shall be not less than
one-fourth of an inch in length. However, the names of the
candidates for Governor and Lieutenant Governor on the same
ticket shall be printed within a bracket and a single square
shall be printed in front of the bracket. The list of
candidates of the several parties and any such list of
independent candidates shall be placed in separate columns on
the ballot in such order as the election authorities charged
with the printing of the ballots shall decide; provided, that
the names of the candidates of the several political parties,
certified by the State Board of Elections to the several
county clerks shall be printed by the county clerk of the
proper county on the official ballot in the order certified
by the State Board of Elections. Any county clerk refusing,
neglecting or failing to print on the official ballot the
names of candidates of the several political parties in the
order certified by the State Board of Elections, and any
county clerk who prints or causes to be printed upon the
official ballot the name of a candidate, for an office to be
filled by the Electors of the entire State, whose name has
not been duly certified to him upon a certificate signed by
the State Board of Elections shall be guilty of a Class C
misdemeanor.
When an electronic voting system is used which utilizes a
ballot card, on the inside flap of each ballot card envelope
there shall be printed a form for write-in voting which shall
be substantially as follows:
WRITE-IN VOTES
(See card of instructions for specific information.
Duplicate form below by hand for additional write-in votes.)
_____________________________
Title of Office
( ) ____________________________
Name of Candidate
When an electronic voting system is used which uses a
ballot sheet, the instructions to voters on the ballot sheet
shall refer the voter to the card of instructions for
specific information on write-in voting. Below each office
appearing on such ballot sheet there shall be a provision for
the casting of a write-in vote.
When such electronic system is used, there shall be
printed on the back of each ballot card, each ballot card
envelope, and the first page of the ballot label when a
ballot label is used, the words "Official Ballot," followed
by the number of the precinct or other precinct
identification, which may be stamped, in lieu thereof and, as
applicable, the number and name of the township, ward or
other election district for which the ballot card, ballot
card envelope, and ballot label are prepared, the date of the
election and a facsimile of the signature of the election
authority who has caused the ballots to be printed. The back
of the ballot card shall also include a method of identifying
the ballot configuration such as a listing of the political
subdivisions and districts for which votes may be cast on
that ballot, or a number code identifying the ballot
configuration or color coded ballots, except that where there
is only one ballot configuration in a precinct, the precinct
identification, and any applicable ward identification, shall
be sufficient. Ballot card envelopes used in punch card
systems shall be of paper through which no writing or punches
may be discerned and shall be of sufficient length to enclose
all voting positions. However, the election authority may
provide ballot card envelopes on which no precinct number or
township, ward or other election district designation, or
election date are preprinted, if space and a preprinted form
are provided below the space provided for the names of
write-in candidates where such information may be entered by
the judges of election. Whenever an election authority
utilizes ballot card envelopes on which the election date and
precinct is not preprinted, a judge of election shall mark
such information for the particular precinct and election on
the envelope in ink before tallying and counting any write-in
vote written thereon. If some method of insuring ballot
secrecy other than an envelope is used, such information must
be provided on the ballot itself.
In the designation of the name of a candidate on the
ballot, the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly
known, or a combination thereof, may be used in addition to
the candidate's surname. No other designation such as a title
or degree or nickname suggesting or implying possession of a
title, degree or professional status, or similar information
may be used in connection with the candidate's surname,
except that the title "Mrs." may be used in the case of a
married woman.
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A,
whichever is applicable.
Nothing in this Section shall prohibit election
authorities from using or reusing ballot card envelopes which
were printed before the effective date of this amendatory Act
of 1985.
(Source: P.A. 84-1308.)
(10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
Sec. 16-6.1. In elections held pursuant to the
provisions of Section 12 of Article VI of the Constitution
relating to retention of judges in office, the form of the
proposition to be submitted for each candidate shall be as
provided in paragraph (1) or (2), as the election authority
may choose.
(1) The names of all persons seeking retention in
the same office shall be listed, in the order provided in
this Section, with one proposition that reads
substantially as follows: "Shall each of the persons
listed be retained in office as (insert name of office
and court)?". To the right of each candidate's name must
be places for the voter to mark "Yes" or "No". If the
list of candidates for retention in the same office
exceeds one page of the ballot, the proposition must
appear on each page upon which the list of candidates
continues.
(2) The form of the proposition for each candidate
shall be substantially as follows:
___________________________________________________
Shall ....... (insert name YES
of candidate) be retained in
office as ..... (insert name
of office and Court)? NO
___________________________________________________
The names of all candidates thus submitting their names
for retention in office in any particular judicial district
or circuit shall appear on the same ballot which shall be
separate from all other ballots voted on at the general
election.
Propositions on Supreme Court judges, if any are seeking
retention, shall appear on the ballot in the first group, for
judges of the Appellate Court in the second group immediately
under the first, and for circuit judges in the last group.
The grouping of candidates for the same office shall be
preceded by a heading describing the office and the court.
If there are two or more candidates for each office, the
names of such candidates in each group shall be listed in the
order determined as follows: The name of the person with the
greatest length of time served in the specified office of the
specified court shall be listed first in each group. The
rest of the names shall be listed in the appropriate order
based on the same seniority standard. If two or more
candidates for each office have served identical periods of
time in the specified office, such candidates shall be listed
alphabetically at the appropriate place in the order of names
based on seniority in the office as described. Circuit
judges shall be credited for the purposes of this section
with service as associate judges prior to July 1, 1971 and
with service on any court the judges of which were made
associate judges on January 1, 1964 by virtue of Paragraph 4,
subparagraphs (c) and (d) of the Schedule to Article VI of
the former Illinois Constitution.
At the top of the ballot on the same side as the
propositions on the candidates are listed shall be printed an
explanation to read substantially as follows: "Vote on the
proposition with respect to all or any of the judges listed
on this ballot. No judge listed is running against any other
judge. The sole question is whether each judge shall be
retained in his present office".
Such separate ballot shall be printed on paper of
sufficient size so that when folded once it shall be large
enough to contain the following words, which shall be printed
on the back, "Ballot for judicial candidates seeking
retention in office". Such ballot shall be handed to the
elector at the same time as the ballot containing the names
of other candidates for the general election and shall be
returned therewith by the elector to the proper officer in
the manner designated by this Act. All provisions of this
Act relating to ballots shall apply to such separate ballot,
except as otherwise specifically provided in this section.
Such separate ballot shall be printed upon paper of a green
color. No other ballot at the same election shall be green
in color.
In precincts in which voting machines are used, the
special ballot containing the propositions on the retention
of judges may be placed on the voting machines if such voting
machines permit the casting of votes on such propositions.
An electronic voting system authorized by Article 24A may
be used in voting and tabulating the judicial retention
ballots. When an electronic voting system is used which
utilizes a ballot label booklet and ballot card, there shall
be used in the label booklet a separate ballot label page or
pages as required for such proposition, which page or pages
for such proposition shall be of a green color separate and
distinct from the ballot label page or pages used for any
other proposition or candidates.
(Source: P.A. 79-201.)
Passed in the General Assembly May 03, 2001.
Approved July 27, 2001.
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