Illinois 2023-2024 Regular Session

Illinois Senate Bill SB0315 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 SB0315 Introduced 2/2/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: See Index Creates the Ranked Choice Voting Article in the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, State Treasurer, Judge of the Supreme, Appellate, and Circuit Court, United States Representative, United States Senator, and President of the United States shall be elected by ranked choice voting. Allows the voter to rank the candidates for an office in order of preference. Provides that elections in which ranked choice voting is used with other methods, if possible, the same ballot must be used for all offices being voted on, with the different methods of voting clearly separated on the ballot. Provides tabulation procedures for first ranked choices and any subsequent rounds of voting required. Provides that if 2 or more candidates are tied and tabulation cannot continue until the candidate with the fewest votes is defeated, provides for the defeated candidate to be chosen by lot. Allows an election authority to resolve prospective ties between candidates before the election. Allows an election authority to modify the tabulation of ranked choice voting to include batch elimination. Provides that for elections using ranked choice voting, precinct returns must include the number of votes in the first ranking for each candidate. Allows the State Board of Elections and election authorities to modify the processes for precinct returns to allow for compliance with the provisions. Provides the State Board of Elections rulemaking authority to implement the provisions of the Article. Makes other and conforming changes throughout the Code. LRB103 26093 BMS 52448 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0315 Introduced 2/2/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: See Index See Index Creates the Ranked Choice Voting Article in the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, State Treasurer, Judge of the Supreme, Appellate, and Circuit Court, United States Representative, United States Senator, and President of the United States shall be elected by ranked choice voting. Allows the voter to rank the candidates for an office in order of preference. Provides that elections in which ranked choice voting is used with other methods, if possible, the same ballot must be used for all offices being voted on, with the different methods of voting clearly separated on the ballot. Provides tabulation procedures for first ranked choices and any subsequent rounds of voting required. Provides that if 2 or more candidates are tied and tabulation cannot continue until the candidate with the fewest votes is defeated, provides for the defeated candidate to be chosen by lot. Allows an election authority to resolve prospective ties between candidates before the election. Allows an election authority to modify the tabulation of ranked choice voting to include batch elimination. Provides that for elections using ranked choice voting, precinct returns must include the number of votes in the first ranking for each candidate. Allows the State Board of Elections and election authorities to modify the processes for precinct returns to allow for compliance with the provisions. Provides the State Board of Elections rulemaking authority to implement the provisions of the Article. Makes other and conforming changes throughout the Code. LRB103 26093 BMS 52448 b LRB103 26093 BMS 52448 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0315 Introduced 2/2/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
3	3	See Index See Index
4	4	See Index
5	5	Creates the Ranked Choice Voting Article in the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, State Treasurer, Judge of the Supreme, Appellate, and Circuit Court, United States Representative, United States Senator, and President of the United States shall be elected by ranked choice voting. Allows the voter to rank the candidates for an office in order of preference. Provides that elections in which ranked choice voting is used with other methods, if possible, the same ballot must be used for all offices being voted on, with the different methods of voting clearly separated on the ballot. Provides tabulation procedures for first ranked choices and any subsequent rounds of voting required. Provides that if 2 or more candidates are tied and tabulation cannot continue until the candidate with the fewest votes is defeated, provides for the defeated candidate to be chosen by lot. Allows an election authority to resolve prospective ties between candidates before the election. Allows an election authority to modify the tabulation of ranked choice voting to include batch elimination. Provides that for elections using ranked choice voting, precinct returns must include the number of votes in the first ranking for each candidate. Allows the State Board of Elections and election authorities to modify the processes for precinct returns to allow for compliance with the provisions. Provides the State Board of Elections rulemaking authority to implement the provisions of the Article. Makes other and conforming changes throughout the Code.
6	6	LRB103 26093 BMS 52448 b LRB103 26093 BMS 52448 b
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8	8	A BILL FOR
9	9	SB0315LRB103 26093 BMS 52448 b SB0315 LRB103 26093 BMS 52448 b
10	10	SB0315 LRB103 26093 BMS 52448 b
11	11	1 AN ACT concerning elections.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Election Code is amended by changing
15	15	5 Sections 1-3, 7-46, 7-52, 7-53, 7-56, 7-59, 16-3, 17-11,
16	16	6 17-18, 18-5, 18-9, 21-2, and 22-7 and by adding Article 22A as
17	17	7 follows:
18	18	8 (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
19	19	9 Sec. 1-3. As used in this Act, unless the context
20	20	10 otherwise requires:
21	21	11 1. "Election" includes the submission of all questions of
22	22	12 public policy, propositions, and all measures submitted to
23	23	13 popular vote, and includes primary elections when so indicated
24	24	14 by the context.
25	25	15 2. "Regular election" means the general, general primary,
26	26	16 consolidated and consolidated primary elections regularly
27	27	17 scheduled in Article 2A. The even numbered year municipal
28	28	18 primary established in Article 2A is a regular election only
29	29	19 with respect to those municipalities in which a primary is
30	30	20 required to be held on such date.
31	31	21 3. "Special election" means an election not regularly
32	32	22 recurring at fixed intervals, irrespective of whether it is
33	33	23 held at the same time and place and by the same election
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB0315 Introduced 2/2/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
38	38	See Index See Index
39	39	See Index
40	40	Creates the Ranked Choice Voting Article in the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, State Treasurer, Judge of the Supreme, Appellate, and Circuit Court, United States Representative, United States Senator, and President of the United States shall be elected by ranked choice voting. Allows the voter to rank the candidates for an office in order of preference. Provides that elections in which ranked choice voting is used with other methods, if possible, the same ballot must be used for all offices being voted on, with the different methods of voting clearly separated on the ballot. Provides tabulation procedures for first ranked choices and any subsequent rounds of voting required. Provides that if 2 or more candidates are tied and tabulation cannot continue until the candidate with the fewest votes is defeated, provides for the defeated candidate to be chosen by lot. Allows an election authority to resolve prospective ties between candidates before the election. Allows an election authority to modify the tabulation of ranked choice voting to include batch elimination. Provides that for elections using ranked choice voting, precinct returns must include the number of votes in the first ranking for each candidate. Allows the State Board of Elections and election authorities to modify the processes for precinct returns to allow for compliance with the provisions. Provides the State Board of Elections rulemaking authority to implement the provisions of the Article. Makes other and conforming changes throughout the Code.
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49	49	See Index
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68	68	1 officers as a regular election.
69	69	2 4. "General election" means the biennial election at which
70	70	3 members of the General Assembly are elected. "General primary
71	71	4 election", "consolidated election" and "consolidated primary
72	72	5 election" mean the respective elections or the election dates
73	73	6 designated and established in Article 2A of this Code.
74	74	7 5. "Municipal election" means an election or primary,
75	75	8 either regular or special, in cities, villages, and
76	76	9 incorporated towns; and "municipality" means any such city,
77	77	10 village or incorporated town.
78	78	11 6. "Political or governmental subdivision" means any unit
79	79	12 of local government, or school district in which elections are
80	80	13 or may be held. "Political or governmental subdivision" also
81	81	14 includes, for election purposes, Regional Boards of School
82	82	15 Trustees, and Township Boards of School Trustees.
83	83	16 7. The word "township" and the word "town" shall apply
84	84	17 interchangeably to the type of governmental organization
85	85	18 established in accordance with the provisions of the Township
86	86	19 Code. The term "incorporated town" shall mean a municipality
87	87	20 referred to as an incorporated town in the Illinois Municipal
88	88	21 Code, as now or hereafter amended.
89	89	22 8. "Election authority" means a county clerk or a Board of
90	90	23 Election Commissioners.
91	91	24 9. "Election Jurisdiction" means (a) an entire county, in
92	92	25 the case of a county in which no city board of election
93	93	26 commissioners is located or which is under the jurisdiction of
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104	104	1 a county board of election commissioners; (b) the territorial
105	105	2 jurisdiction of a city board of election commissioners; and
106	106	3 (c) the territory in a county outside of the jurisdiction of a
107	107	4 city board of election commissioners. In each instance
108	108	5 election jurisdiction shall be determined according to which
109	109	6 election authority maintains the permanent registration
110	110	7 records of qualified electors.
111	111	8 10. "Local election official" means the clerk or secretary
112	112	9 of a unit of local government or school district, as the case
113	113	10 may be, the treasurer of a township board of school trustees,
114	114	11 and the regional superintendent of schools with respect to the
115	115	12 various school officer elections and school referenda for
116	116	13 which the regional superintendent is assigned election duties
117	117	14 by The School Code, as now or hereafter amended.
118	118	15 11. "Judges of election", "primary judges" and similar
119	119	16 terms, as applied to cases where there are 2 sets of judges,
120	120	17 when used in connection with duties at an election during the
121	121	18 hours the polls are open, refer to the team of judges of
122	122	19 election on duty during such hours; and, when used with
123	123	20 reference to duties after the closing of the polls, refer to
124	124	21 the team of tally judges designated to count the vote after the
125	125	22 closing of the polls and the holdover judges designated
126	126	23 pursuant to Section 13-6.2 or 14-5.2. In such case, where,
127	127	24 after the closing of the polls, any act is required to be
128	128	25 performed by each of the judges of election, it shall be
129	129	26 performed by each of the tally judges and by each of the
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140	140	1 holdover judges.
141	141	2 12. "Petition" of candidacy as used in Sections 7-10 and
142	142	3 7-10.1 shall consist of a statement of candidacy, candidate's
143	143	4 statement containing oath, and sheets containing signatures of
144	144	5 qualified primary electors bound together.
145	145	6 13. "Election district" and "precinct", when used with
146	146	7 reference to a 30-day residence requirement, means the
147	147	8 smallest constituent territory in which electors vote as a
148	148	9 unit at the same polling place in any election governed by this
149	149	10 Act.
150	150	11 14. "District" means any area which votes as a unit for the
151	151	12 election of any officer, other than the State or a unit of
152	152	13 local government or school district, and includes, but is not
153	153	14 limited to, legislative, congressional and judicial districts,
154	154	15 judicial circuits, county board districts, municipal and
155	155	16 sanitary district wards, school board districts, and
156	156	17 precincts.
157	157	18 15. "Question of public policy" or "public question" means
158	158	19 any question, proposition or measure submitted to the voters
159	159	20 at an election dealing with subject matter other than the
160	160	21 nomination or election of candidates and shall include, but is
161	161	22 not limited to, any bond or tax referendum, and questions
162	162	23 relating to the Constitution.
163	163	24 16. "Ordinance providing the form of government of a
164	164	25 municipality or county pursuant to Article VII of the
165	165	26 Constitution" includes ordinances, resolutions and petitions
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176	176	1 adopted by referendum which provide for the form of
177	177	2 government, the officers or the manner of selection or terms
178	178	3 of office of officers of such municipality or county, pursuant
179	179	4 to the provisions of Sections 4, 6 or 7 of Article VII of the
180	180	5 Constitution.
181	181	6 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
182	182	7 6-60, and 6-66 shall include a computer tape or computer disc
183	183	8 or other electronic data processing information containing
184	184	9 voter information.
185	185	10 18. "Accessible" means accessible to persons with
186	186	11 disabilities and elderly individuals for the purpose of voting
187	187	12 or registration, as determined by rule of the State Board of
188	188	13 Elections.
189	189	14 19. "Elderly" means 65 years of age or older.
190	190	15 20. "Person with a disability" means a person having a
191	191	16 temporary or permanent physical disability.
192	192	17 21. "Leading political party" means one of the two
193	193	18 political parties whose candidates for governor at the most
194	194	19 recent three gubernatorial elections received either the
195	195	20 highest or second highest average number of votes. The
196	196	21 political party whose candidates for governor received the
197	197	22 highest average number of votes shall be known as the first
198	198	23 leading political party and the political party whose
199	199	24 candidates for governor received the second highest average
200	200	25 number of votes shall be known as the second leading political
201	201	26 party.
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212	212	1 22. "Business day" means any day in which the office of an
213	213	2 election authority, local election official or the State Board
214	214	3 of Elections is open to the public for a minimum of 7 hours.
215	215	4 23. "Homeless individual" means any person who has a
216	216	5 nontraditional residence, including, but not limited to, a
217	217	6 shelter, day shelter, park bench, street corner, or space
218	218	7 under a bridge.
219	219	8 24. "Signature" means a name signed in ink or in digitized
220	220	9 form. This definition does not apply to a nominating or
221	221	10 candidate petition or a referendum petition.
222	222	11 25. "Intelligent mail barcode tracking system" means a
223	223	12 printed trackable barcode attached to the return business
224	224	13 reply envelope for mail-in ballots under Article 19 or Article
225	225	14 20 that allows an election authority to determine the date the
226	226	15 envelope was mailed in absence of a postmark.
227	227	16 26. "Office elected by ranked choice voting" means any of
228	228	17 the following offices: member of the General Assembly,
229	229	18 Governor, Lieutenant Governor, Attorney General, Secretary of
230	230	19 State, Comptroller, State Treasurer, Judges of the Supreme,
231	231	20 Appellate, and Circuit Courts, United States Representative,
232	232	21 United States Senator, and President of the United States.
233	233	22 These offices shall be elected by ranked choice voting during
234	234	23 a general or special election, and during a primary,
235	235	24 consolidated primary, or similar election. Presidential
236	236	25 preference primaries shall also be conducted by ranked choice
237	237	26 voting.
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248	248	1 (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
249	249	2 (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
250	250	3 Sec. 7-46. On receiving from the primary judges a primary
251	251	4 ballot of his party, the primary elector shall forthwith and
252	252	5 without leaving the polling place, retire alone to one of the
253	253	6 voting booths and prepare such primary ballot by marking a
254	254	7 cross (X) in the square in front of and opposite the name of
255	255	8 each candidate of his choice for each office to be filled, and
256	256	9 for delegates and alternate delegates to national nominating
257	257	10 conventions, and for committeepersons, if committeepersons are
258	258	11 being elected at such primary. A cross (X) in the square in
259	259	12 front of the bracket enclosing the names of a team of
260	260	13 candidates for Governor and Lieutenant Governor counts as one
261	261	14 vote for each of those candidates.
262	262	15 Any primary elector may, instead of voting for any
263	263	16 candidate for nomination or for committeeperson or for
264	264	17 delegate or alternate delegate to national nominating
265	265	18 conventions, whose name is printed on the primary ballot,
266	266	19 write in the name of any other person affiliated with such
267	267	20 party as a candidate for the nomination for any office, or for
268	268	21 committeeperson, or for delegates or alternate delegates to
269	269	22 national nominating conventions, and indicate his choice of
270	270	23 such candidate or committeeperson or delegate or alternate
271	271	24 delegate, by placing to the left of and opposite the name thus
272	272	25 written a square and placing in the square a cross (X). A
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283	283	1 primary elector, however, may not by this method vote
284	284	2 separately for Governor and Lieutenant Governor but must write
285	285	3 in the names of candidates of his or her choice for both
286	286	4 offices and indicate his or her choice of those names by
287	287	5 placing a single square to the left of those names and placing
288	288	6 in that square a cross (X).
289	289	7 Where voting machines or electronic voting systems are
290	290	8 used, the provisions of this section may be modified as
291	291	9 required or authorized by Article 24 or Article 24A, whichever
292	292	10 is applicable.
293	293	11 For an office elected by ranked choice voting, the
294	294	12 provisions of this Section may be modified as required or
295	295	13 authorized by Article 22A.
296	296	14 (Source: P.A. 100-1027, eff. 1-1-19.)
297	297	15 (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
298	298	16 Sec. 7-52. Immediately upon closing the polls, the primary
299	299	17 judges shall proceed to canvass the votes in the manner
300	300	18 following:
301	301	19 (1) They shall separate and count the ballots of each
302	302	20 political party.
303	303	21 (2) They shall then proceed to ascertain the number of
304	304	22 names entered on the applications for ballot under each
305	305	23 party affiliation.
306	306	24 (3) If the primary ballots of any political party
307	307	25 exceed the number of applications for ballot by voters of
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318	318	1 such political party, the primary ballots of such
319	319	2 political party shall be folded and replaced in the ballot
320	320	3 box, the box closed, well shaken and again opened and one
321	321	4 of the primary judges, who shall be blindfolded, shall
322	322	5 draw out so many of the primary ballots of such political
323	323	6 party as shall be equal to such excess. Such excess
324	324	7 ballots shall be marked "Excess-Not Counted" and signed by
325	325	8 a majority of the judges and shall be placed in the "After
326	326	9 6:00 p.m. Defective Ballots Envelope". The number of
327	327	10 excess ballots shall be noted in the remarks section of
328	328	11 the Certificate of Results. "Excess" ballots shall not be
329	329	12 counted in the total of "defective" ballots.
330	330	13 (4) The primary judges shall then proceed to count the
331	331	14 primary ballots of each political party separately; and as
332	332	15 the primary judges shall open and read the primary
333	333	16 ballots, 3 of the judges shall carefully and correctly
334	334	17 mark upon separate tally sheets the votes which each
335	335	18 candidate of the party whose name is written or printed on
336	336	19 the primary ballot has received, in a separate column for
337	337	20 that purpose, with the name of such candidate, the name of
338	338	21 his political party and the name of the office for which he
339	339	22 is a candidate for nomination at the head of such column.
340	340	23 The same column, however, shall be used for both names of
341	341	24 the same team of candidates for Governor and Lieutenant
342	342	25 Governor.
343	343	26 Where voting machines or electronic voting systems are
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354	354	1 used, the provisions of this Section may be modified as
355	355	2 required or authorized by Article 24 or Article 24A, whichever
356	356	3 is applicable.
357	357	4 For an office elected by ranked choice voting, the
358	358	5 provisions of this Section may be modified as required or
359	359	6 authorized by Article 22A.
360	360	7 (Source: P.A. 96-1018, eff. 1-1-11; 97-333, eff. 8-12-11.)
361	361	8 (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
362	362	9 Sec. 7-53. As soon as the ballots of a political party
363	363	10 shall have been read and the votes of the political party
364	364	11 counted, as provided in the last above section, the 3 judges in
365	365	12 charge of the tally sheets shall foot up the tally sheets so as
366	366	13 to show the total number of votes cast for each candidate of
367	367	14 the political party and for each candidate for State Central
368	368	15 committeeperson and precinct committeeperson, township
369	369	16 committeeperson or ward committeeperson, and delegate and
370	370	17 alternate delegate to National nominating conventions, and
371	371	18 certify the same to be correct. Thereupon, the primary judges
372	372	19 shall set down in a certificate of results on the tally sheet,
373	373	20 under the name of the political party, the name of each
374	374	21 candidate voted for upon the primary ballot, written at full
375	375	22 length, the name of the office for which he is a candidate for
376	376	23 nomination or for committeeperson, or delegate or alternate
377	377	24 delegate to National nominating conventions, the total number
378	378	25 of votes which the candidate received, and they shall also set
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389	389	1 down the total number of ballots voted by the primary electors
390	390	2 of the political party in the precinct. The certificate of
391	391	3 results shall be made substantially in the following form:
392	392	4 ................ Party
393	393	5 At the primary election held in the .... precinct of the
394	394	6 (1) township of ...., or (2) City of ...., or (3) *.... ward
395	395	7 in the city of .... on (insert date), the primary electors of
396	396	8 the .... party voted .... ballots, and the respective
397	397	9 candidates whose names were written or printed on the primary
398	398	10 ballot of the .... party, received respectively the following
399	399	11 votes:
400	400	12Name of No. of 13Candidate, Title of Office, Votes 14John Jones Governor 100 15Jane James Lieutenant Governor 100 16Sam Smith Governor 70 17Samantha Smythe Lieutenant Governor 70 18Frank Martin Attorney General 150 19William Preston Rep. in Congress 200 20Frederick John Circuit Judge 50 12 Name of No. of 13 Candidate, Title of Office, Votes 14 John Jones Governor 100 15 Jane James Lieutenant Governor 100 16 Sam Smith Governor 70 17 Samantha Smythe Lieutenant Governor 70 18 Frank Martin Attorney General 150 19 William Preston Rep. in Congress 200 20 Frederick John Circuit Judge 50
401	401	12 Name of No. of
402	402	13 Candidate, Title of Office, Votes
403	403	14 John Jones Governor 100
404	404	15 Jane James Lieutenant Governor 100
405	405	16 Sam Smith Governor 70
406	406	17 Samantha Smythe Lieutenant Governor 70
407	407	18 Frank Martin Attorney General 150
408	408	19 William Preston Rep. in Congress 200
409	409	20 Frederick John Circuit Judge 50
410	410	21 *Fill in either (1), (2) or (3).
411	411	22 And so on for each candidate.
412	412	23 We hereby certify the above and foregoing to be true and
413	413	24 correct.
414	414	25 Dated (insert date).
415	415	26 ...................................
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423	423	................ Party
424	424
425	425
426	426	12 Name of No. of
427	427	13 Candidate, Title of Office, Votes
428	428	14 John Jones Governor 100
429	429	15 Jane James Lieutenant Governor 100
430	430	16 Sam Smith Governor 70
431	431	17 Samantha Smythe Lieutenant Governor 70
432	432	18 Frank Martin Attorney General 150
433	433	19 William Preston Rep. in Congress 200
434	434	20 Frederick John Circuit Judge 50
435	435
436	436	...................................
437	437
438	438
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441	441	1 Name Address
442	442	2 ...................................
443	443	3 Name Address
444	444	4 ...................................
445	445	5 Name Address
446	446	6 ...................................
447	447	7 Name Address
448	448	8 ...................................
449	449	9 Name Address
450	450	10 Judges of Primary
451	451	11 Where voting machines or electronic voting systems are
452	452	12 used, the provisions of this Section may be modified as
453	453	13 required or authorized by Article 24 and Article 24A,
454	454	14 whichever is applicable.
455	455	15 For an office elected by ranked choice voting, the
456	456	16 provisions of this Section may be modified as required or
457	457	17 authorized by Article 22A.
458	458	18 (Source: P.A. 100-1027, eff. 1-1-19.)
459	459	19 (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
460	460	20 Sec. 7-56. As soon as complete returns are delivered to
461	461	21 the proper election authority, the returns shall be canvassed
462	462	22 for all primary elections as follows. The election authority
463	463	23 acting as the canvassing board pursuant to Section 1-8 of this
464	464	24 Code shall also open and canvass the returns of a primary. Upon
465	465
466	466
467	467
468	468
469	469
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471	471
472	472	...................................
473	473
474	474	...................................
475	475
476	476	...................................
477	477
478	478	...................................
479	479
480	480
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483	483	1 the completion of the canvass of the returns by the election
484	484	2 authority, the election authority shall make a tabulated
485	485	3 statement of the returns for each political party separately,
486	486	4 stating in appropriate columns and under proper headings, the
487	487	5 total number of votes cast in said county for each candidate
488	488	6 for nomination or election by said party, including candidates
489	489	7 for President of the United States and for State central
490	490	8 committeepersons, and for delegates and alternate delegates to
491	491	9 National nominating conventions, and for precinct
492	492	10 committeepersons, township committeepersons, and for ward
493	493	11 committeepersons. Within 2 days after the completion of said
494	494	12 canvass by the election authority, the county clerk shall mail
495	495	13 to the State Board of Elections a certified copy of such
496	496	14 tabulated statement of returns. The election authority shall
497	497	15 also determine and set down as to each precinct the number of
498	498	16 ballots voted by the primary electors of each party at the
499	499	17 primary.
500	500	18 In the case of the nomination or election of candidates
501	501	19 for offices, including President of the United States and the
502	502	20 State central committeepersons, and delegates and alternate
503	503	21 delegates to National nominating conventions, certified
504	504	22 tabulated statement of returns for which are filed with the
505	505	23 State Board of Elections, said returns shall be canvassed by
506	506	24 the election authority. And, provided, further, that within 5
507	507	25 days after said returns shall be canvassed by the said Board,
508	508	26 the Board shall provide each political party with the results
509	509
510	510
511	511
512	512
513	513
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515	515
516	516
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519	519	1 of the ranked choice voting tabulation for President of the
520	520	2 United States, including the results after each round of
521	521	3 tabulation, and cause to be published in one daily newspaper
522	522	4 of general circulation at the seat of the State government in
523	523	5 Springfield a certified statement of the returns filed in its
524	524	6 office, showing the total vote cast in the State for each
525	525	7 candidate of each political party for President of the United
526	526	8 States, and showing the total vote for each candidate of each
527	527	9 political party for President of the United States, cast in
528	528	10 each of the several congressional districts in the State.
529	529	11 Within 48 hours of conducting a canvass, as required by
530	530	12 this Code, of the consolidated primary, the election authority
531	531	13 shall deliver an original certificate of results to each local
532	532	14 election official, with respect to whose political
533	533	15 subdivisions nominations were made at such primary, for each
534	534	16 precinct in his jurisdiction in which such nominations were on
535	535	17 the ballot. Such original certificate of results need not
536	536	18 include any offices or nominations for any other political
537	537	19 subdivisions.
538	538	20 (Source: P.A. 100-1027, eff. 1-1-19.)
539	539	21 (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
540	540	22 Sec. 7-59. (a) The person receiving the highest number of
541	541	23 votes at a primary as a candidate of a party for the nomination
542	542	24 for an office shall be the candidate of that party for such
543	543	25 office, and his name as such candidate shall be placed on the
544	544
545	545
546	546
547	547
548	548
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554	554	1 official ballot at the election then next ensuing; provided,
555	555	2 that where there are 2 two or more persons to be nominated for
556	556	3 the same office or board, the requisite number of persons
557	557	4 receiving the highest number of votes shall be nominated, and
558	558	5 their names shall be placed on the official ballot at the
559	559	6 following election. For an office elected by ranked choice
560	560	7 voting, the person receiving the highest number of votes is
561	561	8 determined by ranked choice voting tabulation as described in
562	562	9 Article 22A.
563	563	10 Except as otherwise provided by Section 7-8 of this Code
564	564	11 Act, the person receiving the highest number of votes of his
565	565	12 party for State central committeeperson of his congressional
566	566	13 district shall be declared elected State central
567	567	14 committeeperson from said congressional district.
568	568	15 Unless a national political party specifies that delegates
569	569	16 and alternate delegates to a National nominating convention be
570	570	17 allocated by proportional selection representation according
571	571	18 to the results of a Presidential preference primary, the
572	572	19 requisite number of persons receiving the highest number of
573	573	20 votes of their party for delegates and alternate delegates to
574	574	21 National nominating conventions from the State at large, and
575	575	22 the requisite number of persons receiving the highest number
576	576	23 of votes of their party for delegates and alternate delegates
577	577	24 to National nominating conventions in their respective
578	578	25 congressional districts shall be declared elected delegates
579	579	26 and alternate delegates to the National nominating conventions
580	580
581	581
582	582
583	583
584	584
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586	586
587	587
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590	590	1 of their party.
591	591	2 A political party which elects the members to its State
592	592	3 Central Committee by Alternative B under paragraph (a) of
593	593	4 Section 7-8 shall select its congressional district delegates
594	594	5 and alternate delegates to its national nominating convention
595	595	6 by proportional selection representation according to the
596	596	7 results of a Presidential preference primary in each
597	597	8 congressional district in the manner provided by the rules of
598	598	9 the national political party and the State Central Committee,
599	599	10 when the rules and policies of the national political party so
600	600	11 require.
601	601	12 A political party which elects the members to its State
602	602	13 Central Committee by Alternative B under paragraph (a) of
603	603	14 Section 7-8 shall select its at large delegates and alternate
604	604	15 delegates to its national nominating convention by
605	605	16 proportional selection representation according to the results
606	606	17 of a Presidential preference primary in the whole State in the
607	607	18 manner provided by the rules of the national political party
608	608	19 and the State Central Committee, when the rules and policies
609	609	20 of the national political party so require.
610	610	21 The person receiving the highest number of votes of his
611	611	22 party for precinct committeeperson of his precinct shall be
612	612	23 declared elected precinct committeeperson from said precinct.
613	613	24 The person receiving the highest number of votes of his
614	614	25 party for township committeeperson of his township or part of
615	615	26 a township as the case may be, shall be declared elected
616	616
617	617
618	618
619	619
620	620
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622	622
623	623
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626	626	1 township committeeperson from said township or part of a
627	627	2 township as the case may be. In cities where ward
628	628	3 committeepersons are elected, the person receiving the highest
629	629	4 number of votes of his party for ward committeeperson of his
630	630	5 ward shall be declared elected ward committeeperson from said
631	631	6 ward.
632	632	7 When 2 two or more persons receive an equal and the highest
633	633	8 number of votes for the nomination for the same office or for
634	634	9 committeeperson of the same political party, or where more
635	635	10 than one person of the same political party is to be nominated
636	636	11 as a candidate for office or committeeperson, if it appears
637	637	12 that more than the number of persons to be nominated for an
638	638	13 office or elected committeeperson have the highest and an
639	639	14 equal number of votes for the nomination for the same office or
640	640	15 for election as committeeperson, the election authority by
641	641	16 which the returns of the primary are canvassed shall decide by
642	642	17 lot which of said persons shall be nominated or elected, as the
643	643	18 case may be. In such case the election authority shall issue
644	644	19 notice in writing to such persons of such tie vote stating
645	645	20 therein the place, the day (which shall not be more than 5 days
646	646	21 thereafter) and the hour when such nomination or election
647	647	22 shall be so determined.
648	648	23 (b) Except as otherwise provided in this Code, write-in
649	649	24 votes shall be counted only for persons who have filed
650	650	25 notarized declarations of intent to be write-in candidates
651	651	26 with the proper election authority or authorities not later
652	652
653	653
654	654
655	655
656	656
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658	658
659	659
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662	662	1 than 61 days prior to the primary. However, whenever an
663	663	2 objection to a candidate's nominating papers or petitions for
664	664	3 any office is sustained under Section 10-10 after the 61st day
665	665	4 before the election, then write-in votes shall be counted for
666	666	5 that candidate if he or she has filed a notarized declaration
667	667	6 of intent to be a write-in candidate for that office with the
668	668	7 proper election authority or authorities not later than 7 days
669	669	8 prior to the election.
670	670	9 Forms for the declaration of intent to be a write-in
671	671	10 candidate shall be supplied by the election authorities. Such
672	672	11 declaration shall specify the office for which the person
673	673	12 seeks nomination or election as a write-in candidate.
674	674	13 The election authority or authorities shall deliver a list
675	675	14 of all persons who have filed such declarations to the
676	676	15 election judges in the appropriate precincts prior to the
677	677	16 primary.
678	678	17 (c) (1) Notwithstanding any other provisions of this
679	679	18 Section, where the number of candidates whose names have been
680	680	19 printed on a party's ballot for nomination for or election to
681	681	20 an office at a primary is less than the number of persons the
682	682	21 party is entitled to nominate for or elect to the office at the
683	683	22 primary, a person whose name was not printed on the party's
684	684	23 primary ballot as a candidate for nomination for or election
685	685	24 to the office, is not nominated for or elected to that office
686	686	25 as a result of a write-in vote at the primary unless the number
687	687	26 of votes he received equals or exceeds the number of
688	688
689	689
690	690
691	691
692	692
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694	694
695	695
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698	698	1 signatures required on a petition for nomination for that
699	699	2 office; or unless the number of votes he receives exceeds the
700	700	3 number of votes received by at least one of the candidates
701	701	4 whose names were printed on the primary ballot for nomination
702	702	5 for or election to the same office.
703	703	6 (2) Paragraph (1) of this subsection does not apply where
704	704	7 the number of candidates whose names have been printed on the
705	705	8 party's ballot for nomination for or election to the office at
706	706	9 the primary equals or exceeds the number of persons the party
707	707	10 is entitled to nominate for or elect to the office at the
708	708	11 primary.
709	709	12 (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
710	710	13 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
711	711	14 Sec. 16-3. (a) The names of all candidates to be voted for
712	712	15 in each election district or precinct shall be printed on one
713	713	16 ballot, except as is provided in Sections 16-6.1 and 21-1.01
714	714	17 of this Code Act and except as otherwise provided in this Code
715	715	18 Act with respect to the odd year regular elections and the
716	716	19 emergency referenda; all nominations of any political party
717	717	20 being placed under the party appellation or title of such
718	718	21 party as designated in the certificates of nomination or
719	719	22 petitions. The names of all independent candidates shall be
720	720	23 printed upon the ballot in a column or columns under the
721	721	24 heading "independent" arranged under the names or titles of
722	722	25 the respective offices for which such independent candidates
723	723
724	724
725	725
726	726
727	727
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729	729
730	730
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733	733	1 shall have been nominated and so far as practicable, the name
734	734	2 or names of any independent candidate or candidates for any
735	735	3 office shall be printed upon the ballot opposite the name or
736	736	4 names of any candidate or candidates for the same office
737	737	5 contained in any party column or columns upon said ballot. The
738	738	6 ballot shall contain no other names, except that in cases of
739	739	7 electors for President and Vice-President of the United
740	740	8 States, the names of the candidates for President and
741	741	9 Vice-President may be added to the party designation and words
742	742	10 calculated to aid the voter in his choice of candidates may be
743	743	11 added, such as "Vote for one," "Vote for not more than three."
744	744	12 If no candidate or candidates file for an office and if no
745	745	13 person or persons file a declaration as a write-in candidate
746	746	14 for that office, then below the title of that office the
747	747	15 election authority instead shall print "No Candidate". When an
748	748	16 electronic voting system is used which utilizes a ballot label
749	749	17 booklet, the candidates and questions shall appear on the
750	750	18 pages of such booklet in the order provided by this Code; and,
751	751	19 in any case where candidates for an office appear on a page
752	752	20 which does not contain the name of any candidate for another
753	753	21 office, and where less than 50% of the page is utilized, the
754	754	22 name of no candidate shall be printed on the lowest 25% of such
755	755	23 page. On the back or outside of the ballot, so as to appear
756	756	24 when folded, shall be printed the words "Official Ballot",
757	757	25 followed by the designation of the polling place for which the
758	758	26 ballot is prepared, the date of the election and a facsimile of
759	759
760	760
761	761
762	762
763	763
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766	766
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769	769	1 the signature of the election authority who has caused the
770	770	2 ballots to be printed. The ballots shall be of plain white
771	771	3 paper, through which the printing or writing cannot be read.
772	772	4 However, ballots for use at the nonpartisan and consolidated
773	773	5 elections may be printed on different color paper, except blue
774	774	6 paper, whenever necessary or desirable to facilitate
775	775	7 distinguishing between ballots for different political
776	776	8 subdivisions. In the case of nonpartisan elections for
777	777	9 officers of a political subdivision, unless the statute or an
778	778	10 ordinance adopted pursuant to Article VII of the Constitution
779	779	11 providing the form of government therefor requires otherwise,
780	780	12 the column listing such nonpartisan candidates shall be
781	781	13 printed with no appellation or circle at its head. The party
782	782	14 appellation or title, or the word "independent" at the head of
783	783	15 any column provided for independent candidates, shall be
784	784	16 printed in letters not less than one-fourth of an inch in
785	785	17 height and a circle one-half inch in diameter shall be printed
786	786	18 at the beginning of the line in which such appellation or title
787	787	19 is printed, provided, however, that no such circle shall be
788	788	20 printed at the head of any column or columns provided for such
789	789	21 independent candidates. The names of candidates shall be
790	790	22 printed in letters not less than one-eighth nor more than
791	791	23 one-fourth of an inch in height, and at the beginning of each
792	792	24 line in which a name of a candidate is printed a square shall
793	793	25 be printed, the sides of which shall be not less than
794	794	26 one-fourth of an inch in length. However, the names of the
795	795
796	796
797	797
798	798
799	799
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801	801
802	802
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805	805	1 candidates for Governor and Lieutenant Governor on the same
806	806	2 ticket shall be printed within a bracket and a single square
807	807	3 shall be printed in front of the bracket. The list of
808	808	4 candidates of the several parties and any such list of
809	809	5 independent candidates shall be placed in separate columns on
810	810	6 the ballot in such order as the election authorities charged
811	811	7 with the printing of the ballots shall decide; provided, that
812	812	8 the names of the candidates of the several political parties,
813	813	9 certified by the State Board of Elections to the several
814	814	10 county clerks shall be printed by the county clerk of the
815	815	11 proper county on the official ballot in the order certified by
816	816	12 the State Board of Elections. Any county clerk refusing,
817	817	13 neglecting or failing to print on the official ballot the
818	818	14 names of candidates of the several political parties in the
819	819	15 order certified by the State Board of Elections, and any
820	820	16 county clerk who prints or causes to be printed upon the
821	821	17 official ballot the name of a candidate, for an office to be
822	822	18 filled by the Electors of the entire State, whose name has not
823	823	19 been duly certified to him upon a certificate signed by the
824	824	20 State Board of Elections shall be guilty of a Class C
825	825	21 misdemeanor.
826	826	22 (b) When an electronic voting system is used which
827	827	23 utilizes a ballot card, on the inside flap of each ballot card
828	828	24 envelope there shall be printed a form for write-in voting
829	829	25 which shall be substantially as follows:
830	830	26 WRITE-IN VOTES
831	831
832	832
833	833
834	834
835	835
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837	837
838	838
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841	841	1 (See card of instructions for specific information.
842	842	2 Duplicate form below by hand for additional write-in votes.)
843	843	3 .............................
844	844	4 Title of Office
845	845	5 ( ) .............................
846	846	6 Name of Candidate
847	847	7 Write-in lines equal to the number of candidates for which
848	848	8 a voter may vote shall be printed for an office only if one or
849	849	9 more persons filed declarations of intent to be write-in
850	850	10 candidates or qualify to file declarations to be write-in
851	851	11 candidates under Sections 17-16.1 and 18-9.1 when the
852	852	12 certification of ballot contains the words "OBJECTION
853	853	13 PENDING".
854	854	14 (c) When an electronic voting system is used which uses a
855	855	15 ballot sheet, the instructions to voters on the ballot sheet
856	856	16 shall refer the voter to the card of instructions for specific
857	857	17 information on write-in voting. Below each office appearing on
858	858	18 such ballot sheet there shall be a provision for the casting of
859	859	19 a write-in vote. Write-in lines equal to the number of
860	860	20 candidates for which a voter may vote shall be printed for an
861	861	21 office only if one or more persons filed declarations of
862	862	22 intent to be write-in candidates or qualify to file
863	863	23 declarations to be write-in candidates under Sections 17-16.1
864	864	24 and 18-9.1 when the certification of ballot contains the words
865	865	25 "OBJECTION PENDING".
866	866	26 (d) When such electronic system is used, there shall be
867	867
868	868
869	869
870	870
871	871
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877	877	1 printed on the back of each ballot card, each ballot card
878	878	2 envelope, and the first page of the ballot label when a ballot
879	879	3 label is used, the words "Official Ballot," followed by the
880	880	4 number of the precinct or other precinct identification, which
881	881	5 may be stamped, in lieu thereof and, as applicable, the number
882	882	6 and name of the township, ward or other election district for
883	883	7 which the ballot card, ballot card envelope, and ballot label
884	884	8 are prepared, the date of the election and a facsimile of the
885	885	9 signature of the election authority who has caused the ballots
886	886	10 to be printed. The back of the ballot card shall also include a
887	887	11 method of identifying the ballot configuration such as a
888	888	12 listing of the political subdivisions and districts for which
889	889	13 votes may be cast on that ballot, or a number code identifying
890	890	14 the ballot configuration or color coded ballots, except that
891	891	15 where there is only one ballot configuration in a precinct,
892	892	16 the precinct identification, and any applicable ward
893	893	17 identification, shall be sufficient. Ballot card envelopes
894	894	18 used in punch card systems shall be of paper through which no
895	895	19 writing or punches may be discerned and shall be of sufficient
896	896	20 length to enclose all voting positions. However, the election
897	897	21 authority may provide ballot card envelopes on which no
898	898	22 precinct number or township, ward or other election district
899	899	23 designation, or election date are preprinted, if space and a
900	900	24 preprinted form are provided below the space provided for the
901	901	25 names of write-in candidates where such information may be
902	902	26 entered by the judges of election. Whenever an election
903	903
904	904
905	905
906	906
907	907
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913	913	1 authority utilizes ballot card envelopes on which the election
914	914	2 date and precinct is not preprinted, a judge of election shall
915	915	3 mark such information for the particular precinct and election
916	916	4 on the envelope in ink before tallying and counting any
917	917	5 write-in vote written thereon. If some method of insuring
918	918	6 ballot secrecy other than an envelope is used, such
919	919	7 information must be provided on the ballot itself.
920	920	8 (e) In the designation of the name of a candidate on the
921	921	9 ballot, the candidate's given name or names, initial or
922	922	10 initials, a nickname by which the candidate is commonly known,
923	923	11 or a combination thereof, may be used in addition to the
924	924	12 candidate's surname. If a candidate has changed his or her
925	925	13 name, whether by a statutory or common law procedure in
926	926	14 Illinois or any other jurisdiction, within 3 years before the
927	927	15 last day for filing the petition for nomination, nomination
928	928	16 papers, or certificate of nomination for that office,
929	929	17 whichever is applicable, then (i) the candidate's name on the
930	930	18 ballot must be followed by "formerly known as (list all prior
931	931	19 names during the 3-year period) until name changed on (list
932	932	20 date of each such name change)" and (ii) the petition, papers,
933	933	21 or certificate must be accompanied by the candidate's
934	934	22 affidavit stating the candidate's previous names during the
935	935	23 period specified in (i) and the date or dates each of those
936	936	24 names was changed; failure to meet these requirements shall be
937	937	25 grounds for denying certification of the candidate's name for
938	938	26 the ballot or removing the candidate's name from the ballot,
939	939
940	940
941	941
942	942
943	943
944	944	SB0315 - 25 - LRB103 26093 BMS 52448 b
945	945
946	946
947	947	SB0315- 26 -LRB103 26093 BMS 52448 b SB0315 - 26 - LRB103 26093 BMS 52448 b
948	948	SB0315 - 26 - LRB103 26093 BMS 52448 b
949	949	1 as appropriate, but these requirements do not apply to name
950	950	2 changes resulting from adoption to assume an adoptive parent's
951	951	3 or parents' surname, marriage or civil union to assume a
952	952	4 spouse's surname, or dissolution of marriage or civil union or
953	953	5 declaration of invalidity of marriage or civil union to assume
954	954	6 a former surname or a name change that conforms the
955	955	7 candidate's name to his or her gender identity. No other
956	956	8 designation such as a political slogan, title, or degree or
957	957	9 nickname suggesting or implying possession of a title, degree
958	958	10 or professional status, or similar information may be used in
959	959	11 connection with the candidate's surname. For purposes of this
960	960	12 Section, a "political slogan" is defined as any word or words
961	961	13 expressing or connoting a position, opinion, or belief that
962	962	14 the candidate may espouse, including, but not limited to, any
963	963	15 word or words conveying any meaning other than that of the
964	964	16 personal identity of the candidate. A candidate may not use a
965	965	17 political slogan as part of his or her name on the ballot,
966	966	18 notwithstanding that the political slogan may be part of the
967	967	19 candidate's name.
968	968	20 (f) The State Board of Elections, a local election
969	969	21 official, or an election authority shall remove any
970	970	22 candidate's name designation from a ballot that is
971	971	23 inconsistent with subsection (e) of this Section. In addition,
972	972	24 the State Board of Elections, a local election official, or an
973	973	25 election authority shall not certify to any election authority
974	974	26 any candidate name designation that is inconsistent with
975	975
976	976
977	977
978	978
979	979
980	980	SB0315 - 26 - LRB103 26093 BMS 52448 b
981	981
982	982
983	983	SB0315- 27 -LRB103 26093 BMS 52448 b SB0315 - 27 - LRB103 26093 BMS 52448 b
984	984	SB0315 - 27 - LRB103 26093 BMS 52448 b
985	985	1 subsection (e) of this Section.
986	986	2 (g) If the State Board of Elections, a local election
987	987	3 official, or an election authority removes a candidate's name
988	988	4 designation from a ballot under subsection (f) of this
989	989	5 Section, then the aggrieved candidate may seek appropriate
990	990	6 relief in circuit court.
991	991	7 (h) Where voting machines or electronic voting systems are
992	992	8 used, the provisions of this Section may be modified as
993	993	9 required or authorized by Article 24 or Article 24A, whichever
994	994	10 is applicable.
995	995	11 (i) Nothing in this Section shall prohibit election
996	996	12 authorities from using or reusing ballot card envelopes which
997	997	13 were printed before January 1, 1986 (the effective date of
998	998	14 Public Act 84-820) this amendatory Act of 1985.
999	999	15 (j) For an office elected by ranked choice voting, the
1000	1000	16 provisions of this Section may be modified as required or
1001	1001	17 authorized by Article 22A.
1002	1002	18 (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
1003	1003	19 (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
1004	1004	20 Sec. 17-11. On receipt of his ballot the voter shall
1005	1005	21 forthwith, and without leaving the inclosed space, retire
1006	1006	22 alone, or accompanied by children as provided in Section 17-8,
1007	1007	23 to one of the voting booths so provided and shall prepare his
1008	1008	24 ballot by making in the appropriate margin or place a cross (X)
1009	1009	25 opposite the name of the candidate of his choice for each
1010	1010
1011	1011
1012	1012
1013	1013
1014	1014
1015	1015	SB0315 - 27 - LRB103 26093 BMS 52448 b
1016	1016
1017	1017
1018	1018	SB0315- 28 -LRB103 26093 BMS 52448 b SB0315 - 28 - LRB103 26093 BMS 52448 b
1019	1019	SB0315 - 28 - LRB103 26093 BMS 52448 b
1020	1020	1 office to be filled, or by writing in the name of the candidate
1021	1021	2 of his choice in a blank space on said ticket, making a cross
1022	1022	3 (X) opposite thereto; and in case of a question submitted to
1023	1023	4 the vote of the people, by making in the appropriate margin or
1024	1024	5 place a cross (X) against the answer he desires to give. A
1025	1025	6 cross (X) in the square in front of the bracket enclosing the
1026	1026	7 names of a team of candidates for Governor and Lieutenant
1027	1027	8 Governor counts as one vote for each of such candidates.
1028	1028	9 Before leaving the voting booth the voter shall fold his
1029	1029	10 ballot in such manner as to conceal the marks thereon. He shall
1030	1030	11 then vote forthwith in the manner herein provided, except that
1031	1031	12 the number corresponding to the number of the voter on the poll
1032	1032	13 books shall not be indorsed on the back of his ballot. He shall
1033	1033	14 mark and deliver his ballot without undue delay, and shall
1034	1034	15 quit said inclosed space as soon as he has voted; except that
1035	1035	16 immediately after voting, the voter shall be instructed
1036	1036	17 whether the voting equipment, if used, accepted or rejected
1037	1037	18 the ballot or identified the ballot as under-voted for a
1038	1038	19 statewide constitutional office. A voter whose ballot is
1039	1039	20 identified as under-voted may return to the voting booth and
1040	1040	21 complete the voting of that ballot. A voter whose ballot is not
1041	1041	22 accepted by the voting equipment may, upon surrendering the
1042	1042	23 ballot, request and vote another ballot. If a ballot for an
1043	1043	24 office elected by ranked choice voting is considered
1044	1044	25 under-voted pursuant to Section 22A-5, the voter may, upon
1045	1045	26 surrendering the ballot, request and vote upon another ballot.
1046	1046
1047	1047
1048	1048
1049	1049
1050	1050
1051	1051	SB0315 - 28 - LRB103 26093 BMS 52448 b
1052	1052
1053	1053
1054	1054	SB0315- 29 -LRB103 26093 BMS 52448 b SB0315 - 29 - LRB103 26093 BMS 52448 b
1055	1055	SB0315 - 29 - LRB103 26093 BMS 52448 b
1056	1056	1 The voter's surrendered ballot shall be initialed by the
1057	1057	2 election judge and handled as provided in the appropriate
1058	1058	3 Article governing that voting equipment.
1059	1059	4 No voter shall be allowed to occupy a voting booth already
1060	1060	5 occupied by another, nor remain within said inclosed space
1061	1061	6 more than ten minutes, nor to occupy a voting booth more than
1062	1062	7 five minutes in case all of said voting booths are in use and
1063	1063	8 other voters waiting to occupy the same. No voter not an
1064	1064	9 election officer, shall, after having voted, be allowed to
1065	1065	10 re-enter said inclosed space during said election. No person
1066	1066	11 shall take or remove any ballot from the polling place before
1067	1067	12 the close of the poll. No voter shall vote or offer to vote any
1068	1068	13 ballot except such as he has received from the judges of
1069	1069	14 election in charge of the ballots. Any voter who shall, by
1070	1070	15 accident or mistake, spoil his ballot, may, on returning said
1071	1071	16 spoiled ballot, receive another in place thereof only after
1072	1072	17 the word "spoiled" has been written in ink diagonally across
1073	1073	18 the entire face of the ballot returned by the voter.
1074	1074	19 Where voting machines or electronic voting systems are
1075	1075	20 used, the provisions of this section may be modified as
1076	1076	21 required or authorized by Article 24, 24A, 24B, or 24C,
1077	1077	22 whichever is applicable, except that the requirements of this
1078	1078	23 Section that (i) the voter must be notified of the voting
1079	1079	24 equipment's acceptance or rejection of the voter's ballot or
1080	1080	25 identification of an under-vote for a statewide constitutional
1081	1081	26 office and (ii) the voter shall have the opportunity to
1082	1082
1083	1083
1084	1084
1085	1085
1086	1086
1087	1087	SB0315 - 29 - LRB103 26093 BMS 52448 b
1088	1088
1089	1089
1090	1090	SB0315- 30 -LRB103 26093 BMS 52448 b SB0315 - 30 - LRB103 26093 BMS 52448 b
1091	1091	SB0315 - 30 - LRB103 26093 BMS 52448 b
1092	1092	1 correct an under-vote or surrender the ballot that was not
1093	1093	2 accepted and vote another ballot shall not be modified.
1094	1094	3 For an office elected by ranked choice voting, the
1095	1095	4 provisions of this Section may be modified as required or
1096	1096	5 authorized by Article 22A.
1097	1097	6 (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
1098	1098	7 (10 ILCS 5/17-18) (from Ch. 46, par. 17-18)
1099	1099	8 Sec. 17-18. Immediately upon closing the polls the judges
1100	1100	9 shall proceed to canvass the votes polled. They shall first
1101	1101	10 count the whole number of ballots in the box. If 2 or more
1102	1102	11 ballots are folded together so as to appear to have been cast
1103	1103	12 by the same person, all of the ballots so folded together shall
1104	1104	13 be marked and returned with the other ballots in the same
1105	1105	14 conditions, as near as may be, in which they were found when
1106	1106	15 first opened, but shall not be counted. If the remaining
1107	1107	16 ballots shall be found to exceed the number of applications
1108	1108	17 for ballot, the ballots shall be replaced in the box, and the
1109	1109	18 box closed and well shaken and again opened and one of the
1110	1110	19 judges shall publicly draw out so many ballots unopened as
1111	1111	20 shall be equal to such excess; and the number of the ballots
1112	1112	21 agreeing with the poll lists, or being made to agree. Such
1113	1113	22 excess ballots shall be marked "Excess-Not Counted" and signed
1114	1114	23 by a majority of the judges and shall be placed in the "After
1115	1115	24 6:00 p.m. Defective Ballots Envelope". The number of excess
1116	1116	25 ballots shall be noted in the remarks section of the
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121
1122	1122	SB0315 - 30 - LRB103 26093 BMS 52448 b
1123	1123
1124	1124
1125	1125	SB0315- 31 -LRB103 26093 BMS 52448 b SB0315 - 31 - LRB103 26093 BMS 52448 b
1126	1126	SB0315 - 31 - LRB103 26093 BMS 52448 b
1127	1127	1 Certificate of Results. "Excess" ballots shall not be counted
1128	1128	2 in the total of "defective" ballots.
1129	1129	3 The judges shall then proceed to count and record the
1130	1130	4 votes; and when the judges of election shall open and read the
1131	1131	5 ballots, 3 judges, with at least one from each political party
1132	1132	6 from which the precinct judges were chosen, shall carefully
1133	1133	7 and correctly mark down upon the three tally sheets the vote
1134	1134	8 each candidate has received, in a separate box prepared for
1135	1135	9 that purpose, with the name of such candidate at the head of
1136	1136	10 such box, and the office designated by the votes such
1137	1137	11 candidate shall fill. Whenever a proposition is submitted to
1138	1138	12 the electors at the same election, the ballots for or against
1139	1139	13 such proposition shall always be canvassed, counted or
1140	1140	14 tallied. The votes shall be canvassed in the room or place
1141	1141	15 where the election is held, and the judges shall not allow the
1142	1142	16 ballot box, or any of the ballots, or the applications for
1143	1143	17 ballot, or any of the tally sheets to be removed or carried
1144	1144	18 away from such room or place, until the canvass of the vote is
1145	1145	19 completed, and the returns carefully enveloped and sealed up
1146	1146	20 as provided by law.
1147	1147	21 Where voting machines or electronic voting systems are
1148	1148	22 used, the provisions of this section may be modified as
1149	1149	23 required or authorized by Article 24 or Article 24A, whichever
1150	1150	24 is applicable.
1151	1151	25 For an office elected by ranked choice voting, the
1152	1152	26 provisions of this Section may be modified as required or
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157
1158	1158	SB0315 - 31 - LRB103 26093 BMS 52448 b
1159	1159
1160	1160
1161	1161	SB0315- 32 -LRB103 26093 BMS 52448 b SB0315 - 32 - LRB103 26093 BMS 52448 b
1162	1162	SB0315 - 32 - LRB103 26093 BMS 52448 b
1163	1163	1 authorized by Article 22A.
1164	1164	2 (Source: P.A. 83-333.)
1165	1165	3 (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
1166	1166	4 Sec. 18-5. Any person desiring to vote and whose name is
1167	1167	5 found upon the register of voters by the person having charge
1168	1168	6 thereof, shall then be questioned by one of the judges as to
1169	1169	7 his nativity, his term of residence at present address,
1170	1170	8 precinct, State and United States, his age, whether
1171	1171	9 naturalized and if so the date of naturalization papers and
1172	1172	10 court from which secured, and he shall be asked to state his
1173	1173	11 residence when last previously registered and the date of the
1174	1174	12 election for which he then registered. The judges of elections
1175	1175	13 shall check each application for ballot against the list of
1176	1176	14 voters registered in that precinct to whom grace period, vote
1177	1177	15 by mail, and early ballots have been issued for that election,
1178	1178	16 which shall be provided by the election authority and which
1179	1179	17 list shall be available for inspection by pollwatchers. A
1180	1180	18 voter applying to vote in the precinct on election day whose
1181	1181	19 name appears on the list as having been issued a grace period,
1182	1182	20 vote by mail, or early ballot shall not be permitted to vote in
1183	1183	21 the precinct, except that a voter to whom a vote by mail ballot
1184	1184	22 was issued may vote in the precinct if the voter submits to the
1185	1185	23 election judges that vote by mail ballot for cancellation. If
1186	1186	24 the voter is unable to submit the vote by mail ballot, it shall
1187	1187	25 be sufficient for the voter to submit to the election judges
1188	1188
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193	SB0315 - 32 - LRB103 26093 BMS 52448 b
1194	1194
1195	1195
1196	1196	SB0315- 33 -LRB103 26093 BMS 52448 b SB0315 - 33 - LRB103 26093 BMS 52448 b
1197	1197	SB0315 - 33 - LRB103 26093 BMS 52448 b
1198	1198	1 (i) a portion of the vote by mail ballot if the vote by mail
1199	1199	2 ballot was torn or mutilated or (ii) an affidavit executed
1200	1200	3 before the election judges specifying that (A) the voter never
1201	1201	4 received a vote by mail ballot or (B) the voter completed and
1202	1202	5 returned a vote by mail ballot and was informed that the
1203	1203	6 election authority did not receive that vote by mail ballot.
1204	1204	7 If such person so registered shall be challenged as
1205	1205	8 disqualified, the party challenging shall assign his reasons
1206	1206	9 therefor, and thereupon one of the judges shall administer to
1207	1207	10 him an oath to answer questions, and if he shall take the oath
1208	1208	11 he shall then be questioned by the judge or judges touching
1209	1209	12 such cause of challenge, and touching any other cause of
1210	1210	13 disqualification. And he may also be questioned by the person
1211	1211	14 challenging him in regard to his qualifications and identity.
1212	1212	15 But if a majority of the judges are of the opinion that he is
1213	1213	16 the person so registered and a qualified voter, his vote shall
1214	1214	17 then be received accordingly. But if his vote be rejected by
1215	1215	18 such judges, such person may afterward produce and deliver an
1216	1216	19 affidavit to such judges, subscribed and sworn to by him
1217	1217	20 before one of the judges, in which it shall be stated how long
1218	1218	21 he has resided in such precinct, and state; that he is a
1219	1219	22 citizen of the United States, and is a duly qualified voter in
1220	1220	23 such precinct, and that he is the identical person so
1221	1221	24 registered. In addition to such an affidavit, the person so
1222	1222	25 challenged shall provide to the judges of election proof of
1223	1223	26 residence by producing 2 forms of identification showing the
1224	1224
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229	SB0315 - 33 - LRB103 26093 BMS 52448 b
1230	1230
1231	1231
1232	1232	SB0315- 34 -LRB103 26093 BMS 52448 b SB0315 - 34 - LRB103 26093 BMS 52448 b
1233	1233	SB0315 - 34 - LRB103 26093 BMS 52448 b
1234	1234	1 person's current residence address, provided that such
1235	1235	2 identification may include a lease or contract for a residence
1236	1236	3 and not more than one piece of mail addressed to the person at
1237	1237	4 his current residence address and postmarked not earlier than
1238	1238	5 30 days prior to the date of the election, or the person shall
1239	1239	6 procure a witness personally known to the judges of election,
1240	1240	7 and resident in the precinct (or district), or who shall be
1241	1241	8 proved by some legal voter of such precinct or district, known
1242	1242	9 to the judges to be such, who shall take the oath following,
1243	1243	10 viz:
1244	1244	11 I do solemnly swear (or affirm) that I am a resident of
1245	1245	12 this election precinct (or district), and entitled to vote at
1246	1246	13 this election, and that I have been a resident of this State
1247	1247	14 for 30 days last past, and am well acquainted with the person
1248	1248	15 whose vote is now offered; that he is an actual and bona fide
1249	1249	16 resident of this election precinct (or district), and has
1250	1250	17 resided herein 30 days, and as I verily believe, in this State,
1251	1251	18 30 days next preceding this election.
1252	1252	19 The oath in each case may be administered by one of the
1253	1253	20 judges of election, or by any officer, resident in the
1254	1254	21 precinct or district, authorized by law to administer oaths.
1255	1255	22 Also supported by an affidavit by a registered voter residing
1256	1256	23 in such precinct, stating his own residence, and that he knows
1257	1257	24 such person; and that he does reside at the place mentioned and
1258	1258	25 has resided in such precinct and state for the length of time
1259	1259	26 as stated by such person, which shall be subscribed and sworn
1260	1260
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265	SB0315 - 34 - LRB103 26093 BMS 52448 b
1266	1266
1267	1267
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1269	1269	SB0315 - 35 - LRB103 26093 BMS 52448 b
1270	1270	1 to in the same way. For purposes of this Section, the
1271	1271	2 submission of a photo identification issued by a college or
1272	1272	3 university, accompanied by either (i) a copy of the
1273	1273	4 applicant's contract or lease for a residence or (ii) one
1274	1274	5 piece of mail addressed to the person at his or her current
1275	1275	6 residence address and postmarked not earlier than 30 days
1276	1276	7 prior to the date of the election, shall be sufficient to
1277	1277	8 establish proof of residence. Whereupon the vote of such
1278	1278	9 person shall be received, and entered as other votes. But such
1279	1279	10 judges, having charge of such registers, shall state in their
1280	1280	11 respective books the facts in such case, and the affidavits,
1281	1281	12 so delivered to the judges, shall be preserved and returned to
1282	1282	13 the office of the commissioners of election. Blank affidavits
1283	1283	14 of the character aforesaid shall be sent out to the judges of
1284	1284	15 all the precincts, and the judges of election shall furnish
1285	1285	16 the same on demand and administer the oaths without criticism.
1286	1286	17 Such oaths, if administered by any other officer than such
1287	1287	18 judge of election, shall not be received. Whenever a proposal
1288	1288	19 for a constitutional amendment or for the calling of a
1289	1289	20 constitutional convention is to be voted upon at the election,
1290	1290	21 the separate blue ballot or ballots pertaining thereto shall
1291	1291	22 be placed on top of the other ballots to be voted at the
1292	1292	23 election in such manner that the legend appearing on the back
1293	1293	24 thereof, as prescribed in Section 16-6 of this Act, shall be
1294	1294	25 plainly visible to the voter, and in this fashion the ballots
1295	1295	26 shall be handed to the voter by the judge.
1296	1296
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301	SB0315 - 35 - LRB103 26093 BMS 52448 b
1302	1302
1303	1303
1304	1304	SB0315- 36 -LRB103 26093 BMS 52448 b SB0315 - 36 - LRB103 26093 BMS 52448 b
1305	1305	SB0315 - 36 - LRB103 26093 BMS 52448 b
1306	1306	1 Immediately after voting, the voter shall be instructed
1307	1307	2 whether the voting equipment, if used, accepted or rejected
1308	1308	3 the ballot or identified the ballot as under-voted. A voter
1309	1309	4 whose ballot is identified as under-voted for a statewide
1310	1310	5 constitutional office may return to the voting booth and
1311	1311	6 complete the voting of that ballot. A voter whose ballot is not
1312	1312	7 accepted by the voting equipment may, upon surrendering the
1313	1313	8 ballot, request and vote another ballot. If a ballot for an
1314	1314	9 office elected by ranked choice voting is considered
1315	1315	10 under-voted as defined in Section 22A-5, the voter may, upon
1316	1316	11 surrendering the ballot, request and vote upon another ballot.
1317	1317	12 The voter's surrendered ballot shall be initialed by the
1318	1318	13 election judge and handled as provided in the appropriate
1319	1319	14 Article governing that voting equipment.
1320	1320	15 The voter shall, upon quitting the voting booth, deliver
1321	1321	16 to one of the judges of election all of the ballots, properly
1322	1322	17 folded, which he received. The judge of election to whom the
1323	1323	18 voter delivers his ballots shall not accept the same unless
1324	1324	19 all of the ballots given to the voter are returned by him. If a
1325	1325	20 voter delivers less than all of the ballots given to him, the
1326	1326	21 judge to whom the same are offered shall advise him in a voice
1327	1327	22 clearly audible to the other judges of election that the voter
1328	1328	23 must return the remainder of the ballots. The statement of the
1329	1329	24 judge to the voter shall clearly express the fact that the
1330	1330	25 voter is not required to vote such remaining ballots but that
1331	1331	26 whether or not he votes them he must fold and deliver them to
1332	1332
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337	SB0315 - 36 - LRB103 26093 BMS 52448 b
1338	1338
1339	1339
1340	1340	SB0315- 37 -LRB103 26093 BMS 52448 b SB0315 - 37 - LRB103 26093 BMS 52448 b
1341	1341	SB0315 - 37 - LRB103 26093 BMS 52448 b
1342	1342	1 the judge. In making such statement the judge of election
1343	1343	2 shall not indicate by word, gesture or intonation of voice
1344	1344	3 that the unreturned ballots shall be voted in any particular
1345	1345	4 manner. No new voter shall be permitted to enter the voting
1346	1346	5 booth of a voter who has failed to deliver the total number of
1347	1347	6 ballots received by him until such voter has returned to the
1348	1348	7 voting booth pursuant to the judge's request and again quit
1349	1349	8 the booth with all of the ballots required to be returned by
1350	1350	9 him. Upon receipt of all such ballots the judges of election
1351	1351	10 shall enter the name of the voter, and his number, as above
1352	1352	11 provided in this Section, and the judge to whom the ballots are
1353	1353	12 delivered shall immediately put the ballots into the ballot
1354	1354	13 box. If any voter who has failed to deliver all the ballots
1355	1355	14 received by him refuses to return to the voting booth after
1356	1356	15 being advised by the judge of election as herein provided, the
1357	1357	16 judge shall inform the other judges of such refusal, and
1358	1358	17 thereupon the ballot or ballots returned to the judge shall be
1359	1359	18 deposited in the ballot box, the voter shall be permitted to
1360	1360	19 depart from the polling place, and a new voter shall be
1361	1361	20 permitted to enter the voting booth.
1362	1362	21 The judge of election who receives the ballot or ballots
1363	1363	22 from the voter shall announce the residence and name of such
1364	1364	23 voter in a loud voice. The judge shall put the ballot or
1365	1365	24 ballots received from the voter into the ballot box in the
1366	1366	25 presence of the voter and the judges of election, and in plain
1367	1367	26 view of the public. The judges having charge of such registers
1368	1368
1369	1369
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1378	1378	1 shall then, in a column prepared thereon, in the same line of,
1379	1379	2 the name of the voter, mark "Voted" or the letter "V".
1380	1380	3 No judge of election shall accept from any voter less than
1381	1381	4 the full number of ballots received by such voter without
1382	1382	5 first advising the voter in the manner above provided of the
1383	1383	6 necessity of returning all of the ballots, nor shall any such
1384	1384	7 judge advise such voter in a manner contrary to that which is
1385	1385	8 herein permitted, or in any other manner violate the
1386	1386	9 provisions of this Section; provided, that the acceptance by a
1387	1387	10 judge of election of less than the full number of ballots
1388	1388	11 delivered to a voter who refuses to return to the voting booth
1389	1389	12 after being properly advised by such judge shall not be a
1390	1390	13 violation of this Section.
1391	1391	14 (Source: P.A. 98-1171, eff. 6-1-15.)
1392	1392	15 (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
1393	1393	16 Sec. 18-9. The judges of election shall first count the
1394	1394	17 whole number of ballots in the box. If the ballots shall be
1395	1395	18 found to exceed the number of applications for ballot, they
1396	1396	19 shall reject the ballots, if any, found folded inside of a
1397	1397	20 ballot. And if the ballots and the applications for ballot
1398	1398	21 still do not agree after such rejection, the ballots shall be
1399	1399	22 replaced in the box and the box closed and well shaken, and
1400	1400	23 again opened; and one of the judges shall publicly draw out so
1401	1401	24 many ballots unopened as shall be equal to such excess. Such
1402	1402	25 excess ballots shall be marked "Excess-Not Counted" and signed
1403	1403
1404	1404
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1413	1413	1 by a majority of judges and shall be placed in the "After 6:00
1414	1414	2 p.m. Defective Ballots Envelope". The number of excess ballots
1415	1415	3 shall be noted in the remarks section of the Certificate of
1416	1416	4 Results. "Excess" ballots shall not be counted in the total of
1417	1417	5 "defective" ballots. And the ballots and applications for
1418	1418	6 ballot being made to agree in this way, the judges shall
1419	1419	7 proceed to count the votes in the following manner: The judges
1420	1420	8 shall open the ballots and place those which contain the same
1421	1421	9 names together, so that the several kinds shall be in separate
1422	1422	10 piles or on separate files. Each of the judges shall examine
1423	1423	11 the separate files which are, or are supposed to be, alike, and
1424	1424	12 exclude from such files any which may have a name or an
1425	1425	13 erasure, or in any manner shall be different from the others of
1426	1426	14 such file. One of the judges shall then take one file of the
1427	1427	15 kind of ballots which contain the same names, and count them by
1428	1428	16 tens, carefully examining each name on each of the ballots.
1429	1429	17 Such judge shall then pass the ten ballots aforesaid to the
1430	1430	18 judge sitting next to him, who shall count them in the same
1431	1431	19 manner, who shall then pass them to a third judge, who shall
1432	1432	20 also count them in the same manner. Then the third judge shall
1433	1433	21 call the names of the persons named in the ten ballots, and the
1434	1434	22 offices for which they are designated, and 2 of the judges, who
1435	1435	23 did not assist in the counting shall tally ten votes for each
1436	1436	24 of such persons, except as herein otherwise provided. When the
1437	1437	25 judges shall have gone through such file of ballots,
1438	1438	26 containing the same names, and shall count them by tens in the
1439	1439
1440	1440
1441	1441
1442	1442
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1445	1445
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1449	1449	1 same way, and shall call the names of the persons named in the
1450	1450	2 ballots and the office for which they are designated, the
1451	1451	3 tally judges shall tally the votes by tens for each of such
1452	1452	4 persons in the same manner as in the first instance. When the
1453	1453	5 counting of each file of ballots which contain the same names
1454	1454	6 shall be completed, the tally judges shall compare their
1455	1455	7 tallies together and ascertain the total number of ballots of
1456	1456	8 that kind so canvassed; and when they agree upon the number,
1457	1457	9 one of them shall announce it in a loud voice to the other
1458	1458	10 judges. The judges shall then canvass the other kinds of
1459	1459	11 ballots which do not correspond, those containing names partly
1460	1460	12 from one kind of ballots and partly from another, being those
1461	1461	13 from which the name of the person proper to be voted for on
1462	1462	14 such ballots has been omitted or erased, usually called
1463	1463	15 "scratched tickets". They shall be canvassed separately by one
1464	1464	16 of the judges sitting between 2 other judges, which judge
1465	1465	17 shall call each name to the tally judges and the office for
1466	1466	18 which it is designated, and the other judges looking at the
1467	1467	19 ballot at the same time, and the tally judges making tally of
1468	1468	20 the same. When all the ballots have been canvassed in this
1469	1469	21 manner, the tally judges shall compare their tallies together,
1470	1470	22 and ascertain the total number of votes received by each
1471	1471	23 candidate and when they agree upon the numbers one of them
1472	1472	24 shall announce in a loud voice to the judges the number of
1473	1473	25 votes received by each candidate on each of the kinds of
1474	1474	26 ballots containing his name, the number received by him on
1475	1475
1476	1476
1477	1477
1478	1478
1479	1479
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1481	1481
1482	1482
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1485	1485	1 scratch tickets, and the total number of votes received by
1486	1486	2 him.
1487	1487	3 The votes for the offices of Governor and Lieutenant
1488	1488	4 Governor shall be counted and tallied jointly.
1489	1489	5 Where voting machines or electronic voting systems are
1490	1490	6 used, the provisions of this section may be modified as
1491	1491	7 required or authorized by Article 24 or Article 24A, whichever
1492	1492	8 is applicable.
1493	1493	9 For an office elected by ranked choice voting, the
1494	1494	10 provisions of this Section may be modified as required or
1495	1495	11 authorized by Article 22A.
1496	1496	12 (Source: P.A. 89-700, eff. 1-17-97.)
1497	1497	13 (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
1498	1498	14 Sec. 21-2. The county clerks of the several counties
1499	1499	15 shall, within 21 days next after holding the election named in
1500	1500	16 subsection (1) of Section 2A-1.2 and Section 2A-2, make 2
1501	1501	17 copies of the abstract of the votes cast for electors by each
1502	1502	18 political party or group, as indicated by the voter for an
1503	1503	19 office elected by ranked choice voting, as aforesaid, by a
1504	1504	20 cross in the square to the left of the bracket aforesaid, or as
1505	1505	21 indicated by a cross in the appropriate place preceding the
1506	1506	22 appellation or title of the particular political party or
1507	1507	23 group, and transmit by mail one of the copies to the office of
1508	1508	24 the State Board of Elections and retain the other in his
1509	1509	25 office, to be sent for by the electoral board in case the other
1510	1510
1511	1511
1512	1512
1513	1513
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1516	1516
1517	1517
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1520	1520	1 should be mislaid. Within 31 days after the holding of such
1521	1521	2 election, and sooner if all the returns are received by the
1522	1522	3 State Board of Elections, the State Board of Elections shall
1523	1523	4 proceed to open and canvass said election returns by ranked
1524	1524	5 choice voting tabulation as described in Article 22A, and to
1525	1525	6 declare which set of candidates for President and
1526	1526	7 Vice-President received, as aforesaid, the highest number of
1527	1527	8 votes cast at such election as aforesaid; and the electors of
1528	1528	9 that party whose candidates for President and Vice-President
1529	1529	10 received the highest number of votes so cast shall be taken and
1530	1530	11 deemed to be elected as electors of President and
1531	1531	12 Vice-President, but should 2 or more sets of candidates for
1532	1532	13 President and Vice-President be returned with an equal and the
1533	1533	14 highest vote, the State Board of Elections shall cause a
1534	1534	15 notice of the same to be published, which notice shall name
1535	1535	16 some day and place, not less than 5 days from the time of such
1536	1536	17 publication of such notice, upon which the State Board of
1537	1537	18 Elections will decide by lot which of the sets of candidates
1538	1538	19 for President and Vice-President so equal and highest shall be
1539	1539	20 declared to be highest. And upon the day and at the place so
1540	1540	21 appointed in the notice, the board shall so decide by lot and
1541	1541	22 declare which is deemed highest of the sets of candidates for
1542	1542	23 President and Vice-President so equal and highest, thereby
1543	1543	24 determining only that the electors chosen as aforesaid by such
1544	1544	25 candidates' party or group are thereby elected by general
1545	1545	26 ticket to be such electors.
1546	1546
1547	1547
1548	1548
1549	1549
1550	1550
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1552	1552
1553	1553
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1556	1556	1 (Source: P.A. 100-863, eff. 8-14-18.)
1557	1557	2 (10 ILCS 5/22-7) (from Ch. 46, par. 22-7)
1558	1558	3 Sec. 22-7. Canvass of votes; declaration and proclamation
1559	1559	4 of result. The State Board of Elections, shall proceed within
1560	1560	5 31 days after the election, and sooner if all the returns are
1561	1561	6 received, to canvass the votes given for United States
1562	1562	7 Senators and Representatives to Congress, State executive
1563	1563	8 officers, judges of the Supreme Court, judges of the Appellate
1564	1564	9 Court, judges of the Circuit Court, Senators, Representatives
1565	1565	10 to the General Assembly, State's Attorneys and Regional
1566	1566	11 Superintendents of Schools elected from 2 or more counties,
1567	1567	12 respectively. For an office elected by ranked choice voting,
1568	1568	13 the canvass shall be done by ranked choice voting tabulation
1569	1569	14 as described in Article 22A. The , and the persons having the
1570	1570	15 highest number of votes for the respective offices shall be
1571	1571	16 declared duly elected, but if it appears that more than the
1572	1572	17 number of persons to be elected have the highest and an equal
1573	1573	18 number of votes for the same office, the electoral board shall
1574	1574	19 decide by lot which of such persons shall be elected; and to
1575	1575	20 each person duly elected, the Governor shall give a
1576	1576	21 certificate of election or commission, as the case may
1577	1577	22 require, and shall cause proclamation to be made of the result
1578	1578	23 of the canvass, and they shall at the same time and in the same
1579	1579	24 manner, canvass the vote cast upon amendments to the
1580	1580	25 Constitution, and upon other propositions submitted to the
1581	1581
1582	1582
1583	1583
1584	1584
1585	1585
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1587	1587
1588	1588
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1591	1591	1 electors of the entire State; and the Governor shall cause to
1592	1592	2 be made such proclamation of the result of the canvass as the
1593	1593	3 statutes elsewhere provide. The State Board of Elections shall
1594	1594	4 transmit to the State Comptroller a list of the persons
1595	1595	5 elected to the various offices. The State Board of Elections
1596	1596	6 shall also transmit to the Supreme Court the names of persons
1597	1597	7 elected to judgeships in adversary elections and the names of
1598	1598	8 judges who fail to win retention in office.
1599	1599	9 No person who is shown by the canvassing board's
1600	1600	10 proclamation to have been elected at the consolidated election
1601	1601	11 or general election as a write-in candidate shall take office
1602	1602	12 unless that person has first filed with the certifying office
1603	1603	13 or board a statement of candidacy pursuant to Section 7-10 or
1604	1604	14 Section 10-5, a statement pursuant to Section 7-10.1, and a
1605	1605	15 receipt for filing a statement of economic interests in
1606	1606	16 relation to the unit of government to which he or she has been
1607	1607	17 elected. For officers elected at the consolidated election,
1608	1608	18 the certifying officer shall notify the election authority of
1609	1609	19 the receipt of those documents, and the county clerk shall
1610	1610	20 issue the certification of election under the provisions of
1611	1611	21 Section 22-18.
1612	1612	22 (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
1613	1613	23 (10 ILCS 5/Art. 22A heading new)
1614	1614	24 ARTICLE 22A. RANKED CHOICE VOTING
1615	1615
1616	1616
1617	1617
1618	1618
1619	1619
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1621	1621
1622	1622
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1625	1625	1 (10 ILCS 5/22A-1 new)
1626	1626	2 Sec. 22A-1. Applicability. An election for an office
1627	1627	3 elected by ranked choice voting involving 3 or more
1628	1628	4 candidates, including qualified write-in candidates, shall be
1629	1629	5 conducted pursuant to the procedures set forth in this
1630	1630	6 Article.
1631	1631	7 (10 ILCS 5/22A-5 new)
1632	1632	8 Sec. 22A-5. Definitions. As used in this Article:
1633	1633	9 "Active ballot" means a ballot that is not an inactive
1634	1634	10 ballot.
1635	1635	11 "Active candidate" means a candidate who has not been
1636	1636	12 defeated.
1637	1637	13 "Highest-ranked active candidate" means the highest
1638	1638	14 ranking on a voter's ballot for an active candidate.
1639	1639	15 "Inactive ballot" is a ballot that does not count for any
1640	1640	16 candidate for any of the reasons given in Section 22A-45.
1641	1641	17 "Overvote" means a circumstance in which a voter has
1642	1642	18 ranked more than one candidate at the same ranking.
1643	1643	19 "Ranking" means the number available to be assigned by a
1644	1644	20 voter to a candidate to express the voter's choice for that
1645	1645	21 candidate. The number "1" is the highest ranking, followed by
1646	1646	22 "2" and then "3" and so on.
1647	1647	23 "Round" means an instance of the sequence of voting
1648	1648	24 tabulation steps established in Section 22A-30.
1649	1649	25 "Skipped ranking" means a voter has left a ranking
1650	1650
1651	1651
1652	1652
1653	1653
1654	1654
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1656	1656
1657	1657
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1660	1660	1 unassigned but ranks a candidate at a subsequent ranking.
1661	1661	2 "Undervote" means a circumstance in which a voter has not
1662	1662	3 ranked any candidate for a particular office.
1663	1663	4 "Under-voted" means a case where a ballot does not contain
1664	1664	5 rankings for any candidate for a particular office.
1665	1665	6 (10 ILCS 5/22A-10 new)
1666	1666	7 Sec. 22A-10. Ranked choice voting ballots. A ranked choice
1667	1667	8 voting ballot shall be laid out to allow the voter to rank the
1668	1668	9 candidates for an office in order of preference. The ballot
1669	1669	10 shall allow voters to rank as many choices as there are
1670	1670	11 qualified candidates, including qualified write-in candidates,
1671	1671	12 except as provided in this Section. If the voting equipment
1672	1672	13 cannot accommodate a number of rankings on the ballot equal to
1673	1673	14 the number of qualified candidates, an election authority may
1674	1674	15 limit the number of choices a voter may rank on a ballot to the
1675	1675	16 maximum number allowed by the equipment. If multiple types of
1676	1676	17 voting equipment are used in an election for the same office,
1677	1677	18 the State Board of Elections shall ensure that every ballot
1678	1678	19 allows voters to rank the same number of candidates.
1679	1679	20 (10 ILCS 5/22A-15 new)
1680	1680	21 Sec. 22A-15. Mixed-election method ballots. If elections
1681	1681	22 are held in which ranked choice voting is used in addition to
1682	1682	23 other methods of voting, the ranked choice and non-ranked
1683	1683	24 choice voting elections must be on the same ballot if
1684	1684
1685	1685
1686	1686
1687	1687
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1690	1690
1691	1691
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1694	1694	1 possible, with ranked choice voting and non-ranked choice
1695	1695	2 voting portions clearly separated on the ballot. If placement
1696	1696	3 of all offices to be elected cannot be placed on a single
1697	1697	4 ballot, a separate ballot may be used for those offices to be
1698	1698	5 elected using ranked choice voting. Ballots may deviate from
1699	1699	6 the ordering established in Section 7-19 to allow for
1700	1700	7 separation of ranked choice voting and non-ranked choice
1701	1701	8 voting elections.
1702	1702	9 (10 ILCS 5/22A-20 new)
1703	1703	10 Sec. 22A-20. Ballot requirements. All other ballot
1704	1704	11 requirements of this Code apply to ranked choice voting
1705	1705	12 ballots to the extent that they do not contradict the
1706	1706	13 requirements of this Article.
1707	1707	14 (10 ILCS 5/22A-25 new)
1708	1708	15 Sec. 22A-25. First ranked choice tabulation.
1709	1709	16 (a) A first ranked choice tabulation shall be done under
1710	1710	17 this Section before tabulation as described in Section 22A-30.
1711	1711	18 A first ranked choice tabulation will consist of a first round
1712	1712	19 only. Under the first ranked choice tabulation, the vote total
1713	1713	20 will be the sum of the number one ranked votes.
1714	1714	21 (b) If the vote total for a candidate is greater than 50%
1715	1715	22 of the active ballots, the candidate shall be declared duly
1716	1716	23 elected. If not, tabulation shall proceed in rounds as
1717	1717	24 described in Section 22A-30.
1718	1718
1719	1719
1720	1720
1721	1721
1722	1722
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1724	1724
1725	1725
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1728	1728	1 (10 ILCS 5/22A-30 new)
1729	1729	2 Sec. 22A-30. Ranked choice voting tabulation. Tabulation
1730	1730	3 must proceed in rounds as follows:
1731	1731	4 (1) If 2 or fewer active candidates remain, the
1732	1732	5 candidate with the greatest number of votes is declared
1733	1733	6 the winner of the election and tabulation is complete.
1734	1734	7 (2) If more than 2 active candidates remain, the
1735	1735	8 active candidate with the fewest votes is defeated. Votes
1736	1736	9 for the defeated candidate are transferred to each
1737	1737	10 ballot's next-highest-ranked active candidate and a new
1738	1738	11 round begins.
1739	1739	12 (10 ILCS 5/22A-35 new)
1740	1740	13 Sec. 22A-35. Ties. If during any round of tabulation 2 or
1741	1741	14 more candidates are tied with the fewest votes, and tabulation
1742	1742	15 cannot continue until the candidate with the fewest votes is
1743	1743	16 defeated, then the candidate to be defeated will be chosen by
1744	1744	17 lot. The result of the tie resolution must be recorded and
1745	1745	18 reused in the event of a recount. Election authorities may
1746	1746	19 resolve prospective ties between candidates before the
1747	1747	20 election.
1748	1748	21 (10 ILCS 5/22A-40 new)
1749	1749	22 Sec. 22A-40. Batch elimination. In any election conducted
1750	1750	23 by ranked choice voting, the election authority may modify the
1751	1751
1752	1752
1753	1753
1754	1754
1755	1755
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1757	1757
1758	1758
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1761	1761	1 tabulation to include batch elimination. If the tabulation
1762	1762	2 does include batch elimination, then any time the active
1763	1763	3 candidate with the fewest votes would be defeated, all active
1764	1764	4 candidates in the elimination batch are simultaneously
1765	1765	5 defeated instead. An active candidate is in the elimination
1766	1766	6 batch if the number of elected and active candidates with more
1767	1767	7 votes than that candidate is greater than the number of
1768	1768	8 offices to be elected, and it is mathematically impossible for
1769	1769	9 that candidate to be elected for any of the following reasons:
1770	1770	10 (1) The candidate could never win because the
1771	1771	11 candidate's current vote total plus all votes that could
1772	1772	12 possibly be transferred to the candidate in future rounds
1773	1773	13 would not be enough to equal or surpass the active
1774	1774	14 candidate with the next higher current vote total.
1775	1775	15 (2) The candidate has a lower current vote total than
1776	1776	16 an active candidate who is described in paragraph (1).
1777	1777	17 (10 ILCS 5/22A-45 new)
1778	1778	18 Sec. 22A-45. Inactive ballots and undervotes.
1779	1779	19 (a) In any round of tabulation in an election conducted by
1780	1780	20 ranked choice voting, an inactive ballot does not count for
1781	1781	21 any candidate. A ballot is inactive if any of the following is
1782	1782	22 true:
1783	1783	23 (1) It does not contain any active candidates and is
1784	1784	24 not an undervote.
1785	1785	25 (2) It has reached an overvote.
1786	1786
1787	1787
1788	1788
1789	1789
1790	1790
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1792	1792
1793	1793
1794	1794	SB0315- 50 -LRB103 26093 BMS 52448 b SB0315 - 50 - LRB103 26093 BMS 52448 b
1795	1795	SB0315 - 50 - LRB103 26093 BMS 52448 b
1796	1796	1 (3) It has reached 2 consecutive skipped rankings.
1797	1797	2 (b) A ballot that is under-voted does not count as an
1798	1798	3 active or inactive ballot in any round of tabulation.
1799	1799	4 (10 ILCS 5/22A-50 new)
1800	1800	5 Sec. 22A-50. Precinct returns.
1801	1801	6 (a) For elections for an office elected by ranked choice
1802	1802	7 voting, precinct returns must include, at minimum, the number
1803	1803	8 of votes in the first ranking for each candidate.
1804	1804	9 (b) The processes for making precinct returns, as
1805	1805	10 described in Articles 7, 17, and 18, may be modified by the
1806	1806	11 State Board of Elections or other election authority to allow
1807	1807	12 for compliance with this Section.
1808	1808	13 (10 ILCS 5/22A-55 new)
1809	1809	14 Sec. 22A-55. Rights of political parties. For all
1810	1810	15 statutory and constitutional provisions in the State
1811	1811	16 pertaining to the rights of political parties or the number of
1812	1812	17 votes cast for an officer or candidate, the number of votes
1813	1813	18 cast for a party's candidate for an office elected by ranked
1814	1814	19 choice voting is the number of votes credited to that
1815	1815	20 candidate in the first ranked choice tabulation described in
1816	1816	21 Section 22A-25.
1817	1817	22 (10 ILCS 5/22A-60 new)
1818	1818	23 Sec. 22A-60. Adoption of rules. The State Board of
1819	1819
1820	1820
1821	1821
1822	1822
1823	1823
1824	1824	SB0315 - 50 - LRB103 26093 BMS 52448 b
1825	1825
1826	1826
1827	1827	SB0315- 51 -LRB103 26093 BMS 52448 b SB0315 - 51 - LRB103 26093 BMS 52448 b
1828	1828	SB0315 - 51 - LRB103 26093 BMS 52448 b
1829	1829	1 Elections may adopt rules to implement the provisions of this
1830	1830	2 Article.
1831	1831	SB0315- 52 -LRB103 26093 BMS 52448 b 1 INDEX 2 Statutes amended in order of appearance 3 10 ILCS 5/1-3from Ch. 46, par. 1-3 4 10 ILCS 5/7-46from Ch. 46, par. 7-46 5 10 ILCS 5/7-52from Ch. 46, par. 7-52 6 10 ILCS 5/7-53from Ch. 46, par. 7-53 7 10 ILCS 5/7-56from Ch. 46, par. 7-56 8 10 ILCS 5/7-59from Ch. 46, par. 7-59 9 10 ILCS 5/16-3from Ch. 46, par. 16-3 10 10 ILCS 5/17-11from Ch. 46, par. 17-11 11 10 ILCS 5/17-18from Ch. 46, par. 17-18 12 10 ILCS 5/18-5from Ch. 46, par. 18-5 13 10 ILCS 5/18-9from Ch. 46, par. 18-9 14 10 ILCS 5/21-2from Ch. 46, par. 21-2 15 10 ILCS 5/22-7 from Ch. 46, par. 22-7 16 10 ILCS 5/Art. 22A heading 17 new18 10 ILCS 5/22A-1 new19 10 ILCS 5/22A-5 new20 10 ILCS 5/22A-10 new21 10 ILCS 5/22A-15 new22 10 ILCS 5/22A-20 new23 10 ILCS 5/22A-25 new24 10 ILCS 5/22A-30 new25 10 ILCS 5/22A-35 new SB0315- 53 -LRB103 26093 BMS 52448 b SB0315- 52 -LRB103 26093 BMS 52448 b SB0315 - 52 - LRB103 26093 BMS 52448 b 1 INDEX 2 Statutes amended in order of appearance 3 10 ILCS 5/1-3 from Ch. 46, par. 1-3 4 10 ILCS 5/7-46 from Ch. 46, par. 7-46 5 10 ILCS 5/7-52 from Ch. 46, par. 7-52 6 10 ILCS 5/7-53 from Ch. 46, par. 7-53 7 10 ILCS 5/7-56 from Ch. 46, par. 7-56 8 10 ILCS 5/7-59 from Ch. 46, par. 7-59 9 10 ILCS 5/16-3 from Ch. 46, par. 16-3 10 10 ILCS 5/17-11 from Ch. 46, par. 17-11 11 10 ILCS 5/17-18 from Ch. 46, par. 17-18 12 10 ILCS 5/18-5 from Ch. 46, par. 18-5 13 10 ILCS 5/18-9 from Ch. 46, par. 18-9 14 10 ILCS 5/21-2 from Ch. 46, par. 21-2 15 10 ILCS 5/22-7 from Ch. 46, par. 22-7 16 10 ILCS 5/Art. 22A heading 17 new 18 10 ILCS 5/22A-1 new 19 10 ILCS 5/22A-5 new 20 10 ILCS 5/22A-10 new 21 10 ILCS 5/22A-15 new 22 10 ILCS 5/22A-20 new 23 10 ILCS 5/22A-25 new 24 10 ILCS 5/22A-30 new 25 10 ILCS 5/22A-35 new SB0315- 53 -LRB103 26093 BMS 52448 b SB0315 - 53 - LRB103 26093 BMS 52448 b
1832	1832	SB0315- 52 -LRB103 26093 BMS 52448 b SB0315 - 52 - LRB103 26093 BMS 52448 b
1833	1833	SB0315 - 52 - LRB103 26093 BMS 52448 b
1834	1834	1 INDEX
1835	1835	2 Statutes amended in order of appearance
1836	1836	3 10 ILCS 5/1-3 from Ch. 46, par. 1-3
1837	1837	4 10 ILCS 5/7-46 from Ch. 46, par. 7-46
1838	1838	5 10 ILCS 5/7-52 from Ch. 46, par. 7-52
1839	1839	6 10 ILCS 5/7-53 from Ch. 46, par. 7-53
1840	1840	7 10 ILCS 5/7-56 from Ch. 46, par. 7-56
1841	1841	8 10 ILCS 5/7-59 from Ch. 46, par. 7-59
1842	1842	9 10 ILCS 5/16-3 from Ch. 46, par. 16-3
1843	1843	10 10 ILCS 5/17-11 from Ch. 46, par. 17-11
1844	1844	11 10 ILCS 5/17-18 from Ch. 46, par. 17-18
1845	1845	12 10 ILCS 5/18-5 from Ch. 46, par. 18-5
1846	1846	13 10 ILCS 5/18-9 from Ch. 46, par. 18-9
1847	1847	14 10 ILCS 5/21-2 from Ch. 46, par. 21-2
1848	1848	15 10 ILCS 5/22-7 from Ch. 46, par. 22-7
1849	1849	16 10 ILCS 5/Art. 22A heading
1850	1850	17 new
1851	1851	18 10 ILCS 5/22A-1 new
1852	1852	19 10 ILCS 5/22A-5 new
1853	1853	20 10 ILCS 5/22A-10 new
1854	1854	21 10 ILCS 5/22A-15 new
1855	1855	22 10 ILCS 5/22A-20 new
1856	1856	23 10 ILCS 5/22A-25 new
1857	1857	24 10 ILCS 5/22A-30 new
1858	1858	25 10 ILCS 5/22A-35 new
1859	1859	SB0315- 53 -LRB103 26093 BMS 52448 b SB0315 - 53 - LRB103 26093 BMS 52448 b
1860	1860	SB0315 - 53 - LRB103 26093 BMS 52448 b
1861	1861
1862	1862
1863	1863
1864	1864
1865	1865
1866	1866	SB0315 - 51 - LRB103 26093 BMS 52448 b
1867	1867
1868	1868
1869	1869
1870	1870	SB0315- 52 -LRB103 26093 BMS 52448 b SB0315 - 52 - LRB103 26093 BMS 52448 b
1871	1871	SB0315 - 52 - LRB103 26093 BMS 52448 b
1872	1872	1 INDEX
1873	1873	2 Statutes amended in order of appearance
1874	1874	3 10 ILCS 5/1-3 from Ch. 46, par. 1-3
1875	1875	4 10 ILCS 5/7-46 from Ch. 46, par. 7-46
1876	1876	5 10 ILCS 5/7-52 from Ch. 46, par. 7-52
1877	1877	6 10 ILCS 5/7-53 from Ch. 46, par. 7-53
1878	1878	7 10 ILCS 5/7-56 from Ch. 46, par. 7-56
1879	1879	8 10 ILCS 5/7-59 from Ch. 46, par. 7-59
1880	1880	9 10 ILCS 5/16-3 from Ch. 46, par. 16-3
1881	1881	10 10 ILCS 5/17-11 from Ch. 46, par. 17-11
1882	1882	11 10 ILCS 5/17-18 from Ch. 46, par. 17-18
1883	1883	12 10 ILCS 5/18-5 from Ch. 46, par. 18-5
1884	1884	13 10 ILCS 5/18-9 from Ch. 46, par. 18-9
1885	1885	14 10 ILCS 5/21-2 from Ch. 46, par. 21-2
1886	1886	15 10 ILCS 5/22-7 from Ch. 46, par. 22-7
1887	1887	16 10 ILCS 5/Art. 22A heading
1888	1888	17 new
1889	1889	18 10 ILCS 5/22A-1 new
1890	1890	19 10 ILCS 5/22A-5 new
1891	1891	20 10 ILCS 5/22A-10 new
1892	1892	21 10 ILCS 5/22A-15 new
1893	1893	22 10 ILCS 5/22A-20 new
1894	1894	23 10 ILCS 5/22A-25 new
1895	1895	24 10 ILCS 5/22A-30 new
1896	1896	25 10 ILCS 5/22A-35 new
1897	1897
1898	1898
1899	1899
1900	1900
1901	1901
1902	1902	SB0315 - 52 - LRB103 26093 BMS 52448 b
1903	1903
1904	1904
1905	1905	SB0315- 53 -LRB103 26093 BMS 52448 b SB0315 - 53 - LRB103 26093 BMS 52448 b
1906	1906	SB0315 - 53 - LRB103 26093 BMS 52448 b
1907	1907
1908	1908
1909	1909
1910	1910
1911	1911
1912	1912	SB0315 - 53 - LRB103 26093 BMS 52448 b