Illinois 2023-2024 Regular Session

Illinois House Bill HB2716 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2716 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-3 from Ch. 46, par. 1-3 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 ILCS 5/16-4.2 new 10 ILCS 5/17-11 from Ch. 46, par. 17-11 10 ILCS 5/17-18 from Ch. 46, par. 17-18 10 ILCS 5/17-18.2 new10 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18-9 from Ch. 46, par. 18-9 Amends the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer shall be elected by ranked-choice voting. Provides for ranked-choice ballots to be produced. Provides that voters may rank their choice for candidates for those offices and provides for interpretations of certain ballot marks. Provides that tallying ranked-choice votes proceeds in rounds. Provides that in each round, the number of votes for each continuing candidate must be counted, that each continuing ballot counts as one vote for its highest-ranked continuing candidate for that round, and that exhausted ballots are not counted for any continuing candidate. Provides that if only 2 candidates remain, the candidate with the higher vote total wins, and that if more than 2 candidates remain, the last-place candidate is eliminated and another round of tallying is to commence. Provides that rounds continue until a winner is found. Makes conforming changes. LRB103 29632 BMS 56028 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2716 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-3 from Ch. 46, par. 1-3 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 ILCS 5/16-4.2 new 10 ILCS 5/17-11 from Ch. 46, par. 17-11 10 ILCS 5/17-18 from Ch. 46, par. 17-18 10 ILCS 5/17-18.2 new10 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18-9 from Ch. 46, par. 18-9 10 ILCS 5/1-3 from Ch. 46, par. 1-3 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 ILCS 5/16-4.2 new 10 ILCS 5/17-11 from Ch. 46, par. 17-11 10 ILCS 5/17-18 from Ch. 46, par. 17-18 10 ILCS 5/17-18.2 new 10 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18-9 from Ch. 46, par. 18-9 Amends the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer shall be elected by ranked-choice voting. Provides for ranked-choice ballots to be produced. Provides that voters may rank their choice for candidates for those offices and provides for interpretations of certain ballot marks. Provides that tallying ranked-choice votes proceeds in rounds. Provides that in each round, the number of votes for each continuing candidate must be counted, that each continuing ballot counts as one vote for its highest-ranked continuing candidate for that round, and that exhausted ballots are not counted for any continuing candidate. Provides that if only 2 candidates remain, the candidate with the higher vote total wins, and that if more than 2 candidates remain, the last-place candidate is eliminated and another round of tallying is to commence. Provides that rounds continue until a winner is found. Makes conforming changes. LRB103 29632 BMS 56028 b LRB103 29632 BMS 56028 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2716 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
3	3	10 ILCS 5/1-3 from Ch. 46, par. 1-3 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 ILCS 5/16-4.2 new 10 ILCS 5/17-11 from Ch. 46, par. 17-11 10 ILCS 5/17-18 from Ch. 46, par. 17-18 10 ILCS 5/17-18.2 new10 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18-9 from Ch. 46, par. 18-9 10 ILCS 5/1-3 from Ch. 46, par. 1-3 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 ILCS 5/16-4.2 new 10 ILCS 5/17-11 from Ch. 46, par. 17-11 10 ILCS 5/17-18 from Ch. 46, par. 17-18 10 ILCS 5/17-18.2 new 10 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18-9 from Ch. 46, par. 18-9
4	4	10 ILCS 5/1-3 from Ch. 46, par. 1-3
5	5	10 ILCS 5/16-3 from Ch. 46, par. 16-3
6	6	10 ILCS 5/16-4.2 new
7	7	10 ILCS 5/17-11 from Ch. 46, par. 17-11
8	8	10 ILCS 5/17-18 from Ch. 46, par. 17-18
9	9	10 ILCS 5/17-18.2 new
10	10	10 ILCS 5/18-5 from Ch. 46, par. 18-5
11	11	10 ILCS 5/18-9 from Ch. 46, par. 18-9
12	12	Amends the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer shall be elected by ranked-choice voting. Provides for ranked-choice ballots to be produced. Provides that voters may rank their choice for candidates for those offices and provides for interpretations of certain ballot marks. Provides that tallying ranked-choice votes proceeds in rounds. Provides that in each round, the number of votes for each continuing candidate must be counted, that each continuing ballot counts as one vote for its highest-ranked continuing candidate for that round, and that exhausted ballots are not counted for any continuing candidate. Provides that if only 2 candidates remain, the candidate with the higher vote total wins, and that if more than 2 candidates remain, the last-place candidate is eliminated and another round of tallying is to commence. Provides that rounds continue until a winner is found. Makes conforming changes.
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16	16	HB2716LRB103 29632 BMS 56028 b HB2716 LRB103 29632 BMS 56028 b
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18	18	1 AN ACT concerning elections.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 5. The Election Code is amended by changing
22	22	5 Sections 1-3, 16-3, 17-11, 17-18, 18-5, and 18-9 and by adding
23	23	6 Sections 16-4.2 and 17-18.2 as follows:
24	24	7 (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
25	25	8 Sec. 1-3. As used in this Act, unless the context
26	26	9 otherwise requires:
27	27	10 1. "Election" includes the submission of all questions of
28	28	11 public policy, propositions, and all measures submitted to
29	29	12 popular vote, and includes primary elections when so indicated
30	30	13 by the context.
31	31	14 2. "Regular election" means the general, general primary,
32	32	15 consolidated and consolidated primary elections regularly
33	33	16 scheduled in Article 2A. The even numbered year municipal
34	34	17 primary established in Article 2A is a regular election only
35	35	18 with respect to those municipalities in which a primary is
36	36	19 required to be held on such date.
37	37	20 3. "Special election" means an election not regularly
38	38	21 recurring at fixed intervals, irrespective of whether it is
39	39	22 held at the same time and place and by the same election
40	40	23 officers as a regular election.
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44	44	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2716 Introduced , by Rep. Nabeela Syed SYNOPSIS AS INTRODUCED:
45	45	10 ILCS 5/1-3 from Ch. 46, par. 1-3 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 ILCS 5/16-4.2 new 10 ILCS 5/17-11 from Ch. 46, par. 17-11 10 ILCS 5/17-18 from Ch. 46, par. 17-18 10 ILCS 5/17-18.2 new10 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18-9 from Ch. 46, par. 18-9 10 ILCS 5/1-3 from Ch. 46, par. 1-3 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 ILCS 5/16-4.2 new 10 ILCS 5/17-11 from Ch. 46, par. 17-11 10 ILCS 5/17-18 from Ch. 46, par. 17-18 10 ILCS 5/17-18.2 new 10 ILCS 5/18-5 from Ch. 46, par. 18-5 10 ILCS 5/18-9 from Ch. 46, par. 18-9
46	46	10 ILCS 5/1-3 from Ch. 46, par. 1-3
47	47	10 ILCS 5/16-3 from Ch. 46, par. 16-3
48	48	10 ILCS 5/16-4.2 new
49	49	10 ILCS 5/17-11 from Ch. 46, par. 17-11
50	50	10 ILCS 5/17-18 from Ch. 46, par. 17-18
51	51	10 ILCS 5/17-18.2 new
52	52	10 ILCS 5/18-5 from Ch. 46, par. 18-5
53	53	10 ILCS 5/18-9 from Ch. 46, par. 18-9
54	54	Amends the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer shall be elected by ranked-choice voting. Provides for ranked-choice ballots to be produced. Provides that voters may rank their choice for candidates for those offices and provides for interpretations of certain ballot marks. Provides that tallying ranked-choice votes proceeds in rounds. Provides that in each round, the number of votes for each continuing candidate must be counted, that each continuing ballot counts as one vote for its highest-ranked continuing candidate for that round, and that exhausted ballots are not counted for any continuing candidate. Provides that if only 2 candidates remain, the candidate with the higher vote total wins, and that if more than 2 candidates remain, the last-place candidate is eliminated and another round of tallying is to commence. Provides that rounds continue until a winner is found. Makes conforming changes.
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57	57	A BILL FOR
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63	63	10 ILCS 5/1-3 from Ch. 46, par. 1-3
64	64	10 ILCS 5/16-3 from Ch. 46, par. 16-3
65	65	10 ILCS 5/16-4.2 new
66	66	10 ILCS 5/17-11 from Ch. 46, par. 17-11
67	67	10 ILCS 5/17-18 from Ch. 46, par. 17-18
68	68	10 ILCS 5/17-18.2 new
69	69	10 ILCS 5/18-5 from Ch. 46, par. 18-5
70	70	10 ILCS 5/18-9 from Ch. 46, par. 18-9
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89	89	1 4. "General election" means the biennial election at which
90	90	2 members of the General Assembly are elected. "General primary
91	91	3 election", "consolidated election" and "consolidated primary
92	92	4 election" mean the respective elections or the election dates
93	93	5 designated and established in Article 2A of this Code.
94	94	6 5. "Municipal election" means an election or primary,
95	95	7 either regular or special, in cities, villages, and
96	96	8 incorporated towns; and "municipality" means any such city,
97	97	9 village or incorporated town.
98	98	10 6. "Political or governmental subdivision" means any unit
99	99	11 of local government, or school district in which elections are
100	100	12 or may be held. "Political or governmental subdivision" also
101	101	13 includes, for election purposes, Regional Boards of School
102	102	14 Trustees, and Township Boards of School Trustees.
103	103	15 7. The word "township" and the word "town" shall apply
104	104	16 interchangeably to the type of governmental organization
105	105	17 established in accordance with the provisions of the Township
106	106	18 Code. The term "incorporated town" shall mean a municipality
107	107	19 referred to as an incorporated town in the Illinois Municipal
108	108	20 Code, as now or hereafter amended.
109	109	21 8. "Election authority" means a county clerk or a Board of
110	110	22 Election Commissioners.
111	111	23 9. "Election Jurisdiction" means (a) an entire county, in
112	112	24 the case of a county in which no city board of election
113	113	25 commissioners is located or which is under the jurisdiction of
114	114	26 a county board of election commissioners; (b) the territorial
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125	125	1 jurisdiction of a city board of election commissioners; and
126	126	2 (c) the territory in a county outside of the jurisdiction of a
127	127	3 city board of election commissioners. In each instance
128	128	4 election jurisdiction shall be determined according to which
129	129	5 election authority maintains the permanent registration
130	130	6 records of qualified electors.
131	131	7 10. "Local election official" means the clerk or secretary
132	132	8 of a unit of local government or school district, as the case
133	133	9 may be, the treasurer of a township board of school trustees,
134	134	10 and the regional superintendent of schools with respect to the
135	135	11 various school officer elections and school referenda for
136	136	12 which the regional superintendent is assigned election duties
137	137	13 by The School Code, as now or hereafter amended.
138	138	14 11. "Judges of election", "primary judges" and similar
139	139	15 terms, as applied to cases where there are 2 sets of judges,
140	140	16 when used in connection with duties at an election during the
141	141	17 hours the polls are open, refer to the team of judges of
142	142	18 election on duty during such hours; and, when used with
143	143	19 reference to duties after the closing of the polls, refer to
144	144	20 the team of tally judges designated to count the vote after the
145	145	21 closing of the polls and the holdover judges designated
146	146	22 pursuant to Section 13-6.2 or 14-5.2. In such case, where,
147	147	23 after the closing of the polls, any act is required to be
148	148	24 performed by each of the judges of election, it shall be
149	149	25 performed by each of the tally judges and by each of the
150	150	26 holdover judges.
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161	161	1 12. "Petition" of candidacy as used in Sections 7-10 and
162	162	2 7-10.1 shall consist of a statement of candidacy, candidate's
163	163	3 statement containing oath, and sheets containing signatures of
164	164	4 qualified primary electors bound together.
165	165	5 13. "Election district" and "precinct", when used with
166	166	6 reference to a 30-day residence requirement, means the
167	167	7 smallest constituent territory in which electors vote as a
168	168	8 unit at the same polling place in any election governed by this
169	169	9 Act.
170	170	10 14. "District" means any area which votes as a unit for the
171	171	11 election of any officer, other than the State or a unit of
172	172	12 local government or school district, and includes, but is not
173	173	13 limited to, legislative, congressional and judicial districts,
174	174	14 judicial circuits, county board districts, municipal and
175	175	15 sanitary district wards, school board districts, and
176	176	16 precincts.
177	177	17 15. "Question of public policy" or "public question" means
178	178	18 any question, proposition or measure submitted to the voters
179	179	19 at an election dealing with subject matter other than the
180	180	20 nomination or election of candidates and shall include, but is
181	181	21 not limited to, any bond or tax referendum, and questions
182	182	22 relating to the Constitution.
183	183	23 16. "Ordinance providing the form of government of a
184	184	24 municipality or county pursuant to Article VII of the
185	185	25 Constitution" includes ordinances, resolutions and petitions
186	186	26 adopted by referendum which provide for the form of
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197	197	1 government, the officers or the manner of selection or terms
198	198	2 of office of officers of such municipality or county, pursuant
199	199	3 to the provisions of Sections 4, 6 or 7 of Article VII of the
200	200	4 Constitution.
201	201	5 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
202	202	6 6-60, and 6-66 shall include a computer tape or computer disc
203	203	7 or other electronic data processing information containing
204	204	8 voter information.
205	205	9 18. "Accessible" means accessible to persons with
206	206	10 disabilities and elderly individuals for the purpose of voting
207	207	11 or registration, as determined by rule of the State Board of
208	208	12 Elections.
209	209	13 19. "Elderly" means 65 years of age or older.
210	210	14 20. "Person with a disability" means a person having a
211	211	15 temporary or permanent physical disability.
212	212	16 21. "Leading political party" means one of the two
213	213	17 political parties whose candidates for governor at the most
214	214	18 recent three gubernatorial elections received either the
215	215	19 highest or second highest average number of votes. The
216	216	20 political party whose candidates for governor received the
217	217	21 highest average number of votes shall be known as the first
218	218	22 leading political party and the political party whose
219	219	23 candidates for governor received the second highest average
220	220	24 number of votes shall be known as the second leading political
221	221	25 party.
222	222	26 22. "Business day" means any day in which the office of an
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233	233	1 election authority, local election official or the State Board
234	234	2 of Elections is open to the public for a minimum of 7 hours.
235	235	3 23. "Homeless individual" means any person who has a
236	236	4 nontraditional residence, including, but not limited to, a
237	237	5 shelter, day shelter, park bench, street corner, or space
238	238	6 under a bridge.
239	239	7 24. "Signature" means a name signed in ink or in digitized
240	240	8 form. This definition does not apply to a nominating or
241	241	9 candidate petition or a referendum petition.
242	242	10 25. "Intelligent mail barcode tracking system" means a
243	243	11 printed trackable barcode attached to the return business
244	244	12 reply envelope for mail-in ballots under Article 19 or Article
245	245	13 20 that allows an election authority to determine the date the
246	246	14 envelope was mailed in absence of a postmark.
247	247	15 26. "Office elected by ranked-choice voting" means any
248	248	16 member of the General Assembly, as well as the offices of
249	249	17 Governor, Lieutenant Governor, Attorney General, Secretary of
250	250	18 State, Comptroller, and Treasurer. These offices shall only be
251	251	19 elected by ranked-choice voting during a general or special
252	252	20 election, and not during a primary, consolidated primary, or
253	253	21 similar election.
254	254	22 (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
255	255	23 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
256	256	24 Sec. 16-3. (a) Except as provided in Section 16-4.2 of
257	257	25 this Code, the The names of all candidates to be voted for in
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268	268	1 each election district or precinct shall be printed on one
269	269	2 ballot, except as is provided in Sections 16-6.1 and 21-1.01
270	270	3 of this Code Act and except as otherwise provided in this Code
271	271	4 Act with respect to the odd year regular elections and the
272	272	5 emergency referenda; all nominations of any political party
273	273	6 being placed under the party appellation or title of such
274	274	7 party as designated in the certificates of nomination or
275	275	8 petitions. The names of all independent candidates shall be
276	276	9 printed upon the ballot in a column or columns under the
277	277	10 heading "independent" arranged under the names or titles of
278	278	11 the respective offices for which such independent candidates
279	279	12 shall have been nominated and so far as practicable, the name
280	280	13 or names of any independent candidate or candidates for any
281	281	14 office shall be printed upon the ballot opposite the name or
282	282	15 names of any candidate or candidates for the same office
283	283	16 contained in any party column or columns upon said ballot. The
284	284	17 ballot shall contain no other names, except that in cases of
285	285	18 electors for President and Vice-President of the United
286	286	19 States, the names of the candidates for President and
287	287	20 Vice-President may be added to the party designation and words
288	288	21 calculated to aid the voter in his choice of candidates may be
289	289	22 added, such as "Vote for one," "Vote for not more than three."
290	290	23 If no candidate or candidates file for an office and if no
291	291	24 person or persons file a declaration as a write-in candidate
292	292	25 for that office, then below the title of that office the
293	293	26 election authority instead shall print "No Candidate". When an
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304	304	1 electronic voting system is used which utilizes a ballot label
305	305	2 booklet, the candidates and questions shall appear on the
306	306	3 pages of such booklet in the order provided by this Code; and,
307	307	4 in any case where candidates for an office appear on a page
308	308	5 which does not contain the name of any candidate for another
309	309	6 office, and where less than 50% of the page is utilized, the
310	310	7 name of no candidate shall be printed on the lowest 25% of such
311	311	8 page. On the back or outside of the ballot, so as to appear
312	312	9 when folded, shall be printed the words "Official Ballot",
313	313	10 followed by the designation of the polling place for which the
314	314	11 ballot is prepared, the date of the election and a facsimile of
315	315	12 the signature of the election authority who has caused the
316	316	13 ballots to be printed. The ballots shall be of plain white
317	317	14 paper, through which the printing or writing cannot be read.
318	318	15 However, ballots for use at the nonpartisan and consolidated
319	319	16 elections may be printed on different color paper, except blue
320	320	17 paper, whenever necessary or desirable to facilitate
321	321	18 distinguishing between ballots for different political
322	322	19 subdivisions. In the case of nonpartisan elections for
323	323	20 officers of a political subdivision, unless the statute or an
324	324	21 ordinance adopted pursuant to Article VII of the Constitution
325	325	22 providing the form of government therefor requires otherwise,
326	326	23 the column listing such nonpartisan candidates shall be
327	327	24 printed with no appellation or circle at its head. The party
328	328	25 appellation or title, or the word "independent" at the head of
329	329	26 any column provided for independent candidates, shall be
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340	340	1 printed in letters not less than one-fourth of an inch in
341	341	2 height and a circle one-half inch in diameter shall be printed
342	342	3 at the beginning of the line in which such appellation or title
343	343	4 is printed, provided, however, that no such circle shall be
344	344	5 printed at the head of any column or columns provided for such
345	345	6 independent candidates. The names of candidates shall be
346	346	7 printed in letters not less than one-eighth nor more than
347	347	8 one-fourth of an inch in height, and at the beginning of each
348	348	9 line in which a name of a candidate is printed a square shall
349	349	10 be printed, the sides of which shall be not less than
350	350	11 one-fourth of an inch in length. However, the names of the
351	351	12 candidates for Governor and Lieutenant Governor on the same
352	352	13 ticket shall be printed within a bracket and a single square
353	353	14 shall be printed in front of the bracket. The list of
354	354	15 candidates of the several parties and any such list of
355	355	16 independent candidates shall be placed in separate columns on
356	356	17 the ballot in such order as the election authorities charged
357	357	18 with the printing of the ballots shall decide; provided, that
358	358	19 the names of the candidates of the several political parties,
359	359	20 certified by the State Board of Elections to the several
360	360	21 county clerks shall be printed by the county clerk of the
361	361	22 proper county on the official ballot in the order certified by
362	362	23 the State Board of Elections. Any county clerk refusing,
363	363	24 neglecting or failing to print on the official ballot the
364	364	25 names of candidates of the several political parties in the
365	365	26 order certified by the State Board of Elections, and any
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376	376	1 county clerk who prints or causes to be printed upon the
377	377	2 official ballot the name of a candidate, for an office to be
378	378	3 filled by the Electors of the entire State, whose name has not
379	379	4 been duly certified to him upon a certificate signed by the
380	380	5 State Board of Elections shall be guilty of a Class C
381	381	6 misdemeanor.
382	382	7 (b) When an electronic voting system is used which
383	383	8 utilizes a ballot card, on the inside flap of each ballot card
384	384	9 envelope there shall be printed a form for write-in voting
385	385	10 which shall be substantially as follows:
386	386	11 WRITE-IN VOTES
387	387	12 (See card of instructions for specific information.
388	388	13 Duplicate form below by hand for additional write-in votes.)
389	389	14 .............................
390	390	15 Title of Office
391	391	16 ( ) .............................
392	392	17 Name of Candidate
393	393	18 Write-in lines equal to the number of candidates for which
394	394	19 a voter may vote shall be printed for an office only if one or
395	395	20 more persons filed declarations of intent to be write-in
396	396	21 candidates or qualify to file declarations to be write-in
397	397	22 candidates under Sections 17-16.1 and 18-9.1 when the
398	398	23 certification of ballot contains the words "OBJECTION
399	399	24 PENDING".
400	400	25 (c) When an electronic voting system is used which uses a
401	401	26 ballot sheet, the instructions to voters on the ballot sheet
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412	412	1 shall refer the voter to the card of instructions for specific
413	413	2 information on write-in voting. Below each office appearing on
414	414	3 such ballot sheet there shall be a provision for the casting of
415	415	4 a write-in vote. Write-in lines equal to the number of
416	416	5 candidates for which a voter may vote shall be printed for an
417	417	6 office only if one or more persons filed declarations of
418	418	7 intent to be write-in candidates or qualify to file
419	419	8 declarations to be write-in candidates under Sections 17-16.1
420	420	9 and 18-9.1 when the certification of ballot contains the words
421	421	10 "OBJECTION PENDING".
422	422	11 (d) When such electronic system is used, there shall be
423	423	12 printed on the back of each ballot card, each ballot card
424	424	13 envelope, and the first page of the ballot label when a ballot
425	425	14 label is used, the words "Official Ballot," followed by the
426	426	15 number of the precinct or other precinct identification, which
427	427	16 may be stamped, in lieu thereof and, as applicable, the number
428	428	17 and name of the township, ward or other election district for
429	429	18 which the ballot card, ballot card envelope, and ballot label
430	430	19 are prepared, the date of the election and a facsimile of the
431	431	20 signature of the election authority who has caused the ballots
432	432	21 to be printed. The back of the ballot card shall also include a
433	433	22 method of identifying the ballot configuration such as a
434	434	23 listing of the political subdivisions and districts for which
435	435	24 votes may be cast on that ballot, or a number code identifying
436	436	25 the ballot configuration or color coded ballots, except that
437	437	26 where there is only one ballot configuration in a precinct,
438	438
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448	448	1 the precinct identification, and any applicable ward
449	449	2 identification, shall be sufficient. Ballot card envelopes
450	450	3 used in punch card systems shall be of paper through which no
451	451	4 writing or punches may be discerned and shall be of sufficient
452	452	5 length to enclose all voting positions. However, the election
453	453	6 authority may provide ballot card envelopes on which no
454	454	7 precinct number or township, ward or other election district
455	455	8 designation, or election date are preprinted, if space and a
456	456	9 preprinted form are provided below the space provided for the
457	457	10 names of write-in candidates where such information may be
458	458	11 entered by the judges of election. Whenever an election
459	459	12 authority utilizes ballot card envelopes on which the election
460	460	13 date and precinct is not preprinted, a judge of election shall
461	461	14 mark such information for the particular precinct and election
462	462	15 on the envelope in ink before tallying and counting any
463	463	16 write-in vote written thereon. If some method of insuring
464	464	17 ballot secrecy other than an envelope is used, such
465	465	18 information must be provided on the ballot itself.
466	466	19 (e) In the designation of the name of a candidate on the
467	467	20 ballot, the candidate's given name or names, initial or
468	468	21 initials, a nickname by which the candidate is commonly known,
469	469	22 or a combination thereof, may be used in addition to the
470	470	23 candidate's surname. If a candidate has changed his or her
471	471	24 name, whether by a statutory or common law procedure in
472	472	25 Illinois or any other jurisdiction, within 3 years before the
473	473	26 last day for filing the petition for nomination, nomination
474	474
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476	476
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484	484	1 papers, or certificate of nomination for that office,
485	485	2 whichever is applicable, then (i) the candidate's name on the
486	486	3 ballot must be followed by "formerly known as (list all prior
487	487	4 names during the 3-year period) until name changed on (list
488	488	5 date of each such name change)" and (ii) the petition, papers,
489	489	6 or certificate must be accompanied by the candidate's
490	490	7 affidavit stating the candidate's previous names during the
491	491	8 period specified in (i) and the date or dates each of those
492	492	9 names was changed; failure to meet these requirements shall be
493	493	10 grounds for denying certification of the candidate's name for
494	494	11 the ballot or removing the candidate's name from the ballot,
495	495	12 as appropriate, but these requirements do not apply to name
496	496	13 changes resulting from adoption to assume an adoptive parent's
497	497	14 or parents' surname, marriage or civil union to assume a
498	498	15 spouse's surname, or dissolution of marriage or civil union or
499	499	16 declaration of invalidity of marriage or civil union to assume
500	500	17 a former surname or a name change that conforms the
501	501	18 candidate's name to his or her gender identity. No other
502	502	19 designation such as a political slogan, title, or degree or
503	503	20 nickname suggesting or implying possession of a title, degree
504	504	21 or professional status, or similar information may be used in
505	505	22 connection with the candidate's surname. For purposes of this
506	506	23 Section, a "political slogan" is defined as any word or words
507	507	24 expressing or connoting a position, opinion, or belief that
508	508	25 the candidate may espouse, including, but not limited to, any
509	509	26 word or words conveying any meaning other than that of the
510	510
511	511
512	512
513	513
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520	520	1 personal identity of the candidate. A candidate may not use a
521	521	2 political slogan as part of his or her name on the ballot,
522	522	3 notwithstanding that the political slogan may be part of the
523	523	4 candidate's name.
524	524	5 (f) The State Board of Elections, a local election
525	525	6 official, or an election authority shall remove any
526	526	7 candidate's name designation from a ballot that is
527	527	8 inconsistent with subsection (e) of this Section. In addition,
528	528	9 the State Board of Elections, a local election official, or an
529	529	10 election authority shall not certify to any election authority
530	530	11 any candidate name designation that is inconsistent with
531	531	12 subsection (e) of this Section.
532	532	13 (g) If the State Board of Elections, a local election
533	533	14 official, or an election authority removes a candidate's name
534	534	15 designation from a ballot under subsection (f) of this
535	535	16 Section, then the aggrieved candidate may seek appropriate
536	536	17 relief in circuit court.
537	537	18 Where voting machines or electronic voting systems are
538	538	19 used, the provisions of this Section may be modified as
539	539	20 required or authorized by Article 24 or Article 24A, whichever
540	540	21 is applicable.
541	541	22 Nothing in this Section shall prohibit election
542	542	23 authorities from using or reusing ballot card envelopes which
543	543	24 were printed before January 1, 1986 (the effective date of
544	544	25 Public Act 84-820) this amendatory Act of 1985.
545	545	26 (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
546	546
547	547
548	548
549	549
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556	556	1 (10 ILCS 5/16-4.2 new)
557	557	2 Sec. 16-4.2. Ranked-choice ballots.
558	558	3 (a) For an election for an office elected by ranked-choice
559	559	4 voting that has more than 2 choices, the ballot shall be laid
560	560	5 out to allow the voter to rank the candidates for an office in
561	561	6 order of preference. Space shall be provided for a voter to
562	562	7 include one write-in candidate if he or she desires. The
563	563	8 ballot shall be as simple and easy to understand as possible.
564	564	9 Any ballot laid out in such a manner shall be tallied in
565	565	10 accordance with Section 17-18.2 of this Code.
566	566	11 (b) All other requirements of this Article apply with
567	567	12 regards to ballots for offices elected by ranked-choice voting
568	568	13 to the extent that they do not contradict the provisions of
569	569	14 this amendatory Act of the 103rd General Assembly.
570	570	15 (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
571	571	16 Sec. 17-11. On receipt of his ballot the voter shall
572	572	17 forthwith, and without leaving the inclosed space, retire
573	573	18 alone, or accompanied by children as provided in Section 17-8,
574	574	19 to one of the voting booths so provided and shall prepare his
575	575	20 ballot by making in the appropriate margin or place a cross (X)
576	576	21 opposite the name of the candidate of his choice for each
577	577	22 office to be filled, or by writing in the name of the candidate
578	578	23 of his choice in a blank space on said ticket, making a cross
579	579	24 (X) opposite thereto; and in case of a question submitted to
580	580
581	581
582	582
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590	590	1 the vote of the people, by making in the appropriate margin or
591	591	2 place a cross (X) against the answer he desires to give. A
592	592	3 cross (X) in the square in front of the bracket enclosing the
593	593	4 names of a team of candidates for Governor and Lieutenant
594	594	5 Governor counts as one vote for each of such candidates.
595	595	6 Before leaving the voting booth the voter shall fold his
596	596	7 ballot in such manner as to conceal the marks thereon. He shall
597	597	8 then vote forthwith in the manner herein provided, except that
598	598	9 the number corresponding to the number of the voter on the poll
599	599	10 books shall not be indorsed on the back of his ballot. He shall
600	600	11 mark and deliver his ballot without undue delay, and shall
601	601	12 quit said inclosed space as soon as he has voted; except that
602	602	13 immediately after voting, the voter shall be instructed
603	603	14 whether the voting equipment, if used, accepted or rejected
604	604	15 the ballot or identified the ballot as under-voted for a
605	605	16 statewide constitutional office. A voter whose ballot is
606	606	17 identified as under-voted may return to the voting booth and
607	607	18 complete the voting of that ballot. A voter whose ballot is not
608	608	19 accepted by the voting equipment may, upon surrendering the
609	609	20 ballot, request and vote another ballot. The voter's
610	610	21 surrendered ballot shall be initialed by the election judge
611	611	22 and handled as provided in the appropriate Article governing
612	612	23 that voting equipment.
613	613	24 No voter shall be allowed to occupy a voting booth already
614	614	25 occupied by another, nor remain within said inclosed space
615	615	26 more than ten minutes, nor to occupy a voting booth more than
616	616
617	617
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619	619
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626	626	1 five minutes in case all of said voting booths are in use and
627	627	2 other voters waiting to occupy the same. No voter not an
628	628	3 election officer, shall, after having voted, be allowed to
629	629	4 re-enter said inclosed space during said election. No person
630	630	5 shall take or remove any ballot from the polling place before
631	631	6 the close of the poll. No voter shall vote or offer to vote any
632	632	7 ballot except such as he has received from the judges of
633	633	8 election in charge of the ballots. Any voter who shall, by
634	634	9 accident or mistake, spoil his ballot, may, on returning said
635	635	10 spoiled ballot, receive another in place thereof only after
636	636	11 the word "spoiled" has been written in ink diagonally across
637	637	12 the entire face of the ballot returned by the voter.
638	638	13 Where voting machines or electronic voting systems are
639	639	14 used, the provisions of this section may be modified as
640	640	15 required or authorized by Article 24, 24A, 24B, or 24C,
641	641	16 whichever is applicable, except that the requirements of this
642	642	17 Section that (i) the voter must be notified of the voting
643	643	18 equipment's acceptance or rejection of the voter's ballot or
644	644	19 identification of an under-vote for a statewide constitutional
645	645	20 office and (ii) the voter shall have the opportunity to
646	646	21 correct an under-vote or surrender the ballot that was not
647	647	22 accepted and vote another ballot shall not be modified.
648	648	23 Where a ranked-choice balloting is used for an office
649	649	24 elected by ranked-choice balloting, the voter may rank his or
650	650	25 her preferences for the candidates for that office. A voter
651	651	26 shall not be required to rank all candidates for that office. A
652	652
653	653
654	654
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662	662	1 cross (X) for only one candidate shall be interpreted as a vote
663	663	2 of rank 1 for that particular candidate, with no other
664	664	3 candidate being ranked. Crosses (X) for 2 or more candidates
665	665	4 shall not count as votes for any candidate, and shall cause the
666	666	5 ballot to be identified as under-voted, subject to the
667	667	6 provisions for under-voted ballots under Section 18-5.
668	668	7 (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
669	669	8 (10 ILCS 5/17-18) (from Ch. 46, par. 17-18)
670	670	9 Sec. 17-18. Immediately upon closing the polls the judges
671	671	10 shall proceed to canvass the votes polled. They shall first
672	672	11 count the whole number of ballots in the box. If 2 or more
673	673	12 ballots are folded together so as to appear to have been cast
674	674	13 by the same person, all of the ballots so folded together shall
675	675	14 be marked and returned with the other ballots in the same
676	676	15 conditions, as near as may be, in which they were found when
677	677	16 first opened, but shall not be counted. If the remaining
678	678	17 ballots shall be found to exceed the number of applications
679	679	18 for ballot, the ballots shall be replaced in the box, and the
680	680	19 box closed and well shaken and again opened and one of the
681	681	20 judges shall publicly draw out so many ballots unopened as
682	682	21 shall be equal to such excess; and the number of the ballots
683	683	22 agreeing with the poll lists, or being made to agree. Such
684	684	23 excess ballots shall be marked "Excess-Not Counted" and signed
685	685	24 by a majority of the judges and shall be placed in the "After
686	686	25 6:00 p.m. Defective Ballots Envelope". The number of excess
687	687
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697	697	1 ballots shall be noted in the remarks section of the
698	698	2 Certificate of Results. "Excess" ballots shall not be counted
699	699	3 in the total of "defective" ballots.
700	700	4 The judges shall then proceed to count and record the
701	701	5 votes; and when the judges of election shall open and read the
702	702	6 ballots, 3 judges, with at least one from each political party
703	703	7 from which the precinct judges were chosen, shall carefully
704	704	8 and correctly mark down upon the three tally sheets the vote
705	705	9 each candidate has received, in a separate box prepared for
706	706	10 that purpose, with the name of such candidate at the head of
707	707	11 such box, and the office designated by the votes such
708	708	12 candidate shall fill. Whenever a proposition is submitted to
709	709	13 the electors at the same election, the ballots for or against
710	710	14 such proposition shall always be canvassed, counted or
711	711	15 tallied. The votes shall be canvassed in the room or place
712	712	16 where the election is held, and the judges shall not allow the
713	713	17 ballot box, or any of the ballots, or the applications for
714	714	18 ballot, or any of the tally sheets to be removed or carried
715	715	19 away from such room or place, until the canvass of the vote is
716	716	20 completed, and the returns carefully enveloped and sealed up
717	717	21 as provided by law.
718	718	22 Where voting machines or electronic voting systems are
719	719	23 used, the provisions of this section may be modified as
720	720	24 required or authorized by Article 24 or Article 24A, whichever
721	721	25 is applicable.
722	722	26 Where ranked-choice ballot tallying is used for an office
723	723
724	724
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733	733	1 elected by ranked-choice voting, the provisions of this
734	734	2 Section may be modified as required or authorized by Section
735	735	3 16-4.2 or Section 17-18.2 of this Code, whichever is
736	736	4 applicable.
737	737	5 (Source: P.A. 83-333.)
738	738	6 (10 ILCS 5/17-18.2 new)
739	739	7 Sec. 17-18.2. Ranked-choice ballot tallying.
740	740	8 (a) As used in this Section,
741	741	9 "Batch elimination" means the simultaneous defeat of
742	742	10 multiple candidates for whom it is mathematically impossible
743	743	11 to be elected.
744	744	12 "Continuing ballot" means a ballot that is not an
745	745	13 exhausted ballot.
746	746	14 "Continuing candidate" means a candidate who has not been
747	747	15 defeated.
748	748	16 "Exhausted ballot" means a ballot that does not rank any
749	749	17 continuing candidate, contains an overvote at the highest
750	750	18 continuing ranking or contains 2 or more sequential skipped
751	751	19 rankings before its highest continuing ranking.
752	752	20 "Highest continuing ranking" means the highest ranking on
753	753	21 a voter's ballot for a continuing candidate.
754	754	22 "Last-place candidate" means the candidate with the fewest
755	755	23 votes in a round of the ranked-choice voting tallying.
756	756	24 "Mathematically impossible to be elected," with respect to
757	757	25 a candidate, means either:
758	758
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768	768	1 (1) the candidate cannot be elected because the
769	769	2 candidate's vote total in a round of the ranked-choice
770	770	3 voting tabulation plus all votes that could possibly be
771	771	4 transferred to the candidate in future rounds from
772	772	5 candidates with fewer votes or an equal number of votes
773	773	6 would not be enough to surpass the candidate with the
774	774	7 next-higher vote total in the round; or
775	775	8 (2) the candidate has a lower vote total than a
776	776	9 candidate described in subparagraph (1) of this
777	777	10 definition.
778	778	11 "Overvote" means a circumstance in which a voter has
779	779	12 ranked more than one candidate at the same ranking.
780	780	13 "Round" means an instance of the sequence of voting
781	781	14 tabulation steps established in subsection (b) of this
782	782	15 Section.
783	783	16 "Skipped ranking" means a circumstance in which a voter
784	784	17 has left a ranking blank and ranks a candidate at a subsequent
785	785	18 ranking.
786	786	19 (b) Except as provided in subsections (c) and (d) of this
787	787	20 Section, the following procedures are used to determine the
788	788	21 winner in an election for an office elected by ranked-choice
789	789	22 voting. Tallying must proceed in rounds. In each round, the
790	790	23 number of votes for each continuing candidate must be counted.
791	791	24 Each continuing ballot counts as one vote for its
792	792	25 highest-ranked continuing candidate for that round. Exhausted
793	793	26 ballots are not counted for any continuing candidate. The
794	794
795	795
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804	804	1 round then ends with one of the following 2 potential
805	805	2 outcomes:
806	806	3 (1) If there are 2 or fewer continuing candidates, the
807	807	4 candidate with the most votes is declared the winner of
808	808	5 the election.
809	809	6 (2) If there are more than 2 continuing candidates,
810	810	7 the last-place candidate is defeated and a new round
811	811	8 begins.
812	812	9 (c) A tie under this Section between candidates for the
813	813	10 most votes in the final round or a tie between last-place
814	814	11 candidates in any round must be decided by lot, and the
815	815	12 candidate chosen by lot is defeated. The result of the tie
816	816	13 resolution must be recorded and reused in the event of a
817	817	14 recount. Election authorities may resolve prospective ties
818	818	15 between candidates before the election.
819	819	16 (d) Modification of a ranked-choice voting ballot and
820	820	17 tabulation is permitted in accordance with the following:
821	821	18 (1) The number of allowable rankings may be limited to
822	822	19 no fewer than 6.
823	823	20 (2) Two or more candidates may be defeated
824	824	21 simultaneously by batch elimination in any round of
825	825	22 tabulation.
826	826	23 (e) For all statutory and constitutional provisions in the
827	827	24 State pertaining to the rights of political parties, the
828	828	25 number of votes cast for a party's candidate for an office
829	829	26 elected by ranked-choice voting is the number of votes
830	830
831	831
832	832
833	833
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836	836
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840	840	1 credited to that candidate after the initial counting in the
841	841	2 first round described in subsection (b).
842	842	3 (f) The State Board of Elections may adopt rules to
843	843	4 implement the provisions of this Section.
844	844	5 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
845	845	6 Sec. 18-5. Any person desiring to vote and whose name is
846	846	7 found upon the register of voters by the person having charge
847	847	8 thereof, shall then be questioned by one of the judges as to
848	848	9 his nativity, his term of residence at present address,
849	849	10 precinct, State and United States, his age, whether
850	850	11 naturalized and if so the date of naturalization papers and
851	851	12 court from which secured, and he shall be asked to state his
852	852	13 residence when last previously registered and the date of the
853	853	14 election for which he then registered. The judges of elections
854	854	15 shall check each application for ballot against the list of
855	855	16 voters registered in that precinct to whom grace period, vote
856	856	17 by mail, and early ballots have been issued for that election,
857	857	18 which shall be provided by the election authority and which
858	858	19 list shall be available for inspection by pollwatchers. A
859	859	20 voter applying to vote in the precinct on election day whose
860	860	21 name appears on the list as having been issued a grace period,
861	861	22 vote by mail, or early ballot shall not be permitted to vote in
862	862	23 the precinct, except that a voter to whom a vote by mail ballot
863	863	24 was issued may vote in the precinct if the voter submits to the
864	864	25 election judges that vote by mail ballot for cancellation. If
865	865
866	866
867	867
868	868
869	869
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871	871
872	872
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874	874	HB2716 - 24 - LRB103 29632 BMS 56028 b
875	875	1 the voter is unable to submit the vote by mail ballot, it shall
876	876	2 be sufficient for the voter to submit to the election judges
877	877	3 (i) a portion of the vote by mail ballot if the vote by mail
878	878	4 ballot was torn or mutilated or (ii) an affidavit executed
879	879	5 before the election judges specifying that (A) the voter never
880	880	6 received a vote by mail ballot or (B) the voter completed and
881	881	7 returned a vote by mail ballot and was informed that the
882	882	8 election authority did not receive that vote by mail ballot.
883	883	9 If such person so registered shall be challenged as
884	884	10 disqualified, the party challenging shall assign his reasons
885	885	11 therefor, and thereupon one of the judges shall administer to
886	886	12 him an oath to answer questions, and if he shall take the oath
887	887	13 he shall then be questioned by the judge or judges touching
888	888	14 such cause of challenge, and touching any other cause of
889	889	15 disqualification. And he may also be questioned by the person
890	890	16 challenging him in regard to his qualifications and identity.
891	891	17 But if a majority of the judges are of the opinion that he is
892	892	18 the person so registered and a qualified voter, his vote shall
893	893	19 then be received accordingly. But if his vote be rejected by
894	894	20 such judges, such person may afterward produce and deliver an
895	895	21 affidavit to such judges, subscribed and sworn to by him
896	896	22 before one of the judges, in which it shall be stated how long
897	897	23 he has resided in such precinct, and state; that he is a
898	898	24 citizen of the United States, and is a duly qualified voter in
899	899	25 such precinct, and that he is the identical person so
900	900	26 registered. In addition to such an affidavit, the person so
901	901
902	902
903	903
904	904
905	905
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907	907
908	908
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910	910	HB2716 - 25 - LRB103 29632 BMS 56028 b
911	911	1 challenged shall provide to the judges of election proof of
912	912	2 residence by producing 2 forms of identification showing the
913	913	3 person's current residence address, provided that such
914	914	4 identification may include a lease or contract for a residence
915	915	5 and not more than one piece of mail addressed to the person at
916	916	6 his current residence address and postmarked not earlier than
917	917	7 30 days prior to the date of the election, or the person shall
918	918	8 procure a witness personally known to the judges of election,
919	919	9 and resident in the precinct (or district), or who shall be
920	920	10 proved by some legal voter of such precinct or district, known
921	921	11 to the judges to be such, who shall take the oath following,
922	922	12 viz:
923	923	13 I do solemnly swear (or affirm) that I am a resident of
924	924	14 this election precinct (or district), and entitled to vote at
925	925	15 this election, and that I have been a resident of this State
926	926	16 for 30 days last past, and am well acquainted with the person
927	927	17 whose vote is now offered; that he is an actual and bona fide
928	928	18 resident of this election precinct (or district), and has
929	929	19 resided herein 30 days, and as I verily believe, in this State,
930	930	20 30 days next preceding this election.
931	931	21 The oath in each case may be administered by one of the
932	932	22 judges of election, or by any officer, resident in the
933	933	23 precinct or district, authorized by law to administer oaths.
934	934	24 Also supported by an affidavit by a registered voter residing
935	935	25 in such precinct, stating his own residence, and that he knows
936	936	26 such person; and that he does reside at the place mentioned and
937	937
938	938
939	939
940	940
941	941
942	942	HB2716 - 25 - LRB103 29632 BMS 56028 b
943	943
944	944
945	945	HB2716- 26 -LRB103 29632 BMS 56028 b HB2716 - 26 - LRB103 29632 BMS 56028 b
946	946	HB2716 - 26 - LRB103 29632 BMS 56028 b
947	947	1 has resided in such precinct and state for the length of time
948	948	2 as stated by such person, which shall be subscribed and sworn
949	949	3 to in the same way. For purposes of this Section, the
950	950	4 submission of a photo identification issued by a college or
951	951	5 university, accompanied by either (i) a copy of the
952	952	6 applicant's contract or lease for a residence or (ii) one
953	953	7 piece of mail addressed to the person at his or her current
954	954	8 residence address and postmarked not earlier than 30 days
955	955	9 prior to the date of the election, shall be sufficient to
956	956	10 establish proof of residence. Whereupon the vote of such
957	957	11 person shall be received, and entered as other votes. But such
958	958	12 judges, having charge of such registers, shall state in their
959	959	13 respective books the facts in such case, and the affidavits,
960	960	14 so delivered to the judges, shall be preserved and returned to
961	961	15 the office of the commissioners of election. Blank affidavits
962	962	16 of the character aforesaid shall be sent out to the judges of
963	963	17 all the precincts, and the judges of election shall furnish
964	964	18 the same on demand and administer the oaths without criticism.
965	965	19 Such oaths, if administered by any other officer than such
966	966	20 judge of election, shall not be received. Whenever a proposal
967	967	21 for a constitutional amendment or for the calling of a
968	968	22 constitutional convention is to be voted upon at the election,
969	969	23 the separate blue ballot or ballots pertaining thereto shall
970	970	24 be placed on top of the other ballots to be voted at the
971	971	25 election in such manner that the legend appearing on the back
972	972	26 thereof, as prescribed in Section 16-6 of this Act, shall be
973	973
974	974
975	975
976	976
977	977
978	978	HB2716 - 26 - LRB103 29632 BMS 56028 b
979	979
980	980
981	981	HB2716- 27 -LRB103 29632 BMS 56028 b HB2716 - 27 - LRB103 29632 BMS 56028 b
982	982	HB2716 - 27 - LRB103 29632 BMS 56028 b
983	983	1 plainly visible to the voter, and in this fashion the ballots
984	984	2 shall be handed to the voter by the judge.
985	985	3 Immediately after voting, the voter shall be instructed
986	986	4 whether the voting equipment, if used, accepted or rejected
987	987	5 the ballot or identified the ballot as under-voted. A voter
988	988	6 whose ballot is identified as under-voted for an office
989	989	7 elected by ranked-choice voting a statewide constitutional
990	990	8 office may return to the voting booth and complete the voting
991	991	9 of that ballot. A voter whose ballot is not accepted by the
992	992	10 voting equipment may, upon surrendering the ballot, request
993	993	11 and vote another ballot. If a ballot for an office elected by
994	994	12 ranked-choice voting is considered under-voted because the
995	995	13 ballot has crosses (X) for 2 or more candidates, the voter may,
996	996	14 upon surrendering the ballot, request and vote upon another
997	997	15 ballot. The voter's surrendered ballot shall be initialed by
998	998	16 the election judge and handled as provided in the appropriate
999	999	17 Article governing that voting equipment.
1000	1000	18 The voter shall, upon quitting the voting booth, deliver
1001	1001	19 to one of the judges of election all of the ballots, properly
1002	1002	20 folded, which he received. The judge of election to whom the
1003	1003	21 voter delivers his ballots shall not accept the same unless
1004	1004	22 all of the ballots given to the voter are returned by him. If a
1005	1005	23 voter delivers less than all of the ballots given to him, the
1006	1006	24 judge to whom the same are offered shall advise him in a voice
1007	1007	25 clearly audible to the other judges of election that the voter
1008	1008	26 must return the remainder of the ballots. The statement of the
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013
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1015	1015
1016	1016
1017	1017	HB2716- 28 -LRB103 29632 BMS 56028 b HB2716 - 28 - LRB103 29632 BMS 56028 b
1018	1018	HB2716 - 28 - LRB103 29632 BMS 56028 b
1019	1019	1 judge to the voter shall clearly express the fact that the
1020	1020	2 voter is not required to vote such remaining ballots but that
1021	1021	3 whether or not he votes them he must fold and deliver them to
1022	1022	4 the judge. In making such statement the judge of election
1023	1023	5 shall not indicate by word, gesture or intonation of voice
1024	1024	6 that the unreturned ballots shall be voted in any particular
1025	1025	7 manner. No new voter shall be permitted to enter the voting
1026	1026	8 booth of a voter who has failed to deliver the total number of
1027	1027	9 ballots received by him until such voter has returned to the
1028	1028	10 voting booth pursuant to the judge's request and again quit
1029	1029	11 the booth with all of the ballots required to be returned by
1030	1030	12 him. Upon receipt of all such ballots the judges of election
1031	1031	13 shall enter the name of the voter, and his number, as above
1032	1032	14 provided in this Section, and the judge to whom the ballots are
1033	1033	15 delivered shall immediately put the ballots into the ballot
1034	1034	16 box. If any voter who has failed to deliver all the ballots
1035	1035	17 received by him refuses to return to the voting booth after
1036	1036	18 being advised by the judge of election as herein provided, the
1037	1037	19 judge shall inform the other judges of such refusal, and
1038	1038	20 thereupon the ballot or ballots returned to the judge shall be
1039	1039	21 deposited in the ballot box, the voter shall be permitted to
1040	1040	22 depart from the polling place, and a new voter shall be
1041	1041	23 permitted to enter the voting booth.
1042	1042	24 The judge of election who receives the ballot or ballots
1043	1043	25 from the voter shall announce the residence and name of such
1044	1044	26 voter in a loud voice. The judge shall put the ballot or
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049
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1051	1051
1052	1052
1053	1053	HB2716- 29 -LRB103 29632 BMS 56028 b HB2716 - 29 - LRB103 29632 BMS 56028 b
1054	1054	HB2716 - 29 - LRB103 29632 BMS 56028 b
1055	1055	1 ballots received from the voter into the ballot box in the
1056	1056	2 presence of the voter and the judges of election, and in plain
1057	1057	3 view of the public. The judges having charge of such registers
1058	1058	4 shall then, in a column prepared thereon, in the same line of,
1059	1059	5 the name of the voter, mark "Voted" or the letter "V".
1060	1060	6 No judge of election shall accept from any voter less than
1061	1061	7 the full number of ballots received by such voter without
1062	1062	8 first advising the voter in the manner above provided of the
1063	1063	9 necessity of returning all of the ballots, nor shall any such
1064	1064	10 judge advise such voter in a manner contrary to that which is
1065	1065	11 herein permitted, or in any other manner violate the
1066	1066	12 provisions of this Section; provided, that the acceptance by a
1067	1067	13 judge of election of less than the full number of ballots
1068	1068	14 delivered to a voter who refuses to return to the voting booth
1069	1069	15 after being properly advised by such judge shall not be a
1070	1070	16 violation of this Section.
1071	1071	17 Where ranked-choice ballot tallying is used for an office
1072	1072	18 elected by ranked-choice voting, the voter may rank his or her
1073	1073	19 preferences for the candidates for that office. A voter shall
1074	1074	20 not be required to rank all candidates for that office. A cross
1075	1075	21 (X) for only one candidate shall be interpreted as a vote of
1076	1076	22 rank 1 for that particular candidate, with no other candidate
1077	1077	23 being ranked. Crosses (X) for 2 or more candidates shall not
1078	1078	24 count as votes for any candidate, and shall cause the ballot to
1079	1079	25 be identified as under-voted, shall be subject to the
1080	1080	26 provisions for under-voted ballots in this Section.
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085
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1087	1087
1088	1088
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1090	1090	HB2716 - 30 - LRB103 29632 BMS 56028 b
1091	1091	1 (Source: P.A. 98-1171, eff. 6-1-15.)
1092	1092	2 (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
1093	1093	3 Sec. 18-9. The judges of election shall first count the
1094	1094	4 whole number of ballots in the box. If the ballots shall be
1095	1095	5 found to exceed the number of applications for ballot, they
1096	1096	6 shall reject the ballots, if any, found folded inside of a
1097	1097	7 ballot. And if the ballots and the applications for ballot
1098	1098	8 still do not agree after such rejection, the ballots shall be
1099	1099	9 replaced in the box and the box closed and well shaken, and
1100	1100	10 again opened; and one of the judges shall publicly draw out so
1101	1101	11 many ballots unopened as shall be equal to such excess. Such
1102	1102	12 excess ballots shall be marked "Excess-Not Counted" and signed
1103	1103	13 by a majority of judges and shall be placed in the "After 6:00
1104	1104	14 p.m. Defective Ballots Envelope". The number of excess ballots
1105	1105	15 shall be noted in the remarks section of the Certificate of
1106	1106	16 Results. "Excess" ballots shall not be counted in the total of
1107	1107	17 "defective" ballots. And the ballots and applications for
1108	1108	18 ballot being made to agree in this way, the judges shall
1109	1109	19 proceed to count the votes in the following manner: The judges
1110	1110	20 shall open the ballots and place those which contain the same
1111	1111	21 names together, so that the several kinds shall be in separate
1112	1112	22 piles or on separate files. Each of the judges shall examine
1113	1113	23 the separate files which are, or are supposed to be, alike, and
1114	1114	24 exclude from such files any which may have a name or an
1115	1115	25 erasure, or in any manner shall be different from the others of
1116	1116
1117	1117
1118	1118
1119	1119
1120	1120
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1122	1122
1123	1123
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1126	1126	1 such file. One of the judges shall then take one file of the
1127	1127	2 kind of ballots which contain the same names, and count them by
1128	1128	3 tens, carefully examining each name on each of the ballots.
1129	1129	4 Such judge shall then pass the ten ballots aforesaid to the
1130	1130	5 judge sitting next to him, who shall count them in the same
1131	1131	6 manner, who shall then pass them to a third judge, who shall
1132	1132	7 also count them in the same manner. Then the third judge shall
1133	1133	8 call the names of the persons named in the ten ballots, and the
1134	1134	9 offices for which they are designated, and 2 of the judges, who
1135	1135	10 did not assist in the counting shall tally ten votes for each
1136	1136	11 of such persons, except as herein otherwise provided. When the
1137	1137	12 judges shall have gone through such file of ballots,
1138	1138	13 containing the same names, and shall count them by tens in the
1139	1139	14 same way, and shall call the names of the persons named in the
1140	1140	15 ballots and the office for which they are designated, the
1141	1141	16 tally judges shall tally the votes by tens for each of such
1142	1142	17 persons in the same manner as in the first instance. When the
1143	1143	18 counting of each file of ballots which contain the same names
1144	1144	19 shall be completed, the tally judges shall compare their
1145	1145	20 tallies together and ascertain the total number of ballots of
1146	1146	21 that kind so canvassed; and when they agree upon the number,
1147	1147	22 one of them shall announce it in a loud voice to the other
1148	1148	23 judges. The judges shall then canvass the other kinds of
1149	1149	24 ballots which do not correspond, those containing names partly
1150	1150	25 from one kind of ballots and partly from another, being those
1151	1151	26 from which the name of the person proper to be voted for on
1152	1152
1153	1153
1154	1154
1155	1155
1156	1156
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1158	1158
1159	1159
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1162	1162	1 such ballots has been omitted or erased, usually called
1163	1163	2 "scratched tickets". They shall be canvassed separately by one
1164	1164	3 of the judges sitting between 2 other judges, which judge
1165	1165	4 shall call each name to the tally judges and the office for
1166	1166	5 which it is designated, and the other judges looking at the
1167	1167	6 ballot at the same time, and the tally judges making tally of
1168	1168	7 the same. When all the ballots have been canvassed in this
1169	1169	8 manner, the tally judges shall compare their tallies together,
1170	1170	9 and ascertain the total number of votes received by each
1171	1171	10 candidate and when they agree upon the numbers one of them
1172	1172	11 shall announce in a loud voice to the judges the number of
1173	1173	12 votes received by each candidate on each of the kinds of
1174	1174	13 ballots containing his name, the number received by him on
1175	1175	14 scratch tickets, and the total number of votes received by
1176	1176	15 him.
1177	1177	16 The votes for the offices of Governor and Lieutenant
1178	1178	17 Governor shall be counted and tallied jointly.
1179	1179	18 Where voting machines or electronic voting systems are
1180	1180	19 used, the provisions of this section may be modified as
1181	1181	20 required or authorized by Article 24 or Article 24A, whichever
1182	1182	21 is applicable.
1183	1183	22 Where ranked-choice ballot tallying is used for an office
1184	1184	23 elected by ranked-choice voting, the provisions of this
1185	1185	24 Section may be modified as required or authorized by Section
1186	1186	25 16-4.2 of this Code and the judges shall abide by Section
1187	1187	26 17-18.2 of this Code, as applicable.
1188	1188
1189	1189
1190	1190
1191	1191
1192	1192
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1194	1194
1195	1195
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1197	1197	HB2716 - 33 - LRB103 29632 BMS 56028 b
1198	1198	1 (Source: P.A. 89-700, eff. 1-17-97.)
1199	1199
1200	1200
1201	1201
1202	1202
1203	1203
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