Illinois Senate Bill SB0315 Latest Draft

                            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
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
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
    LRB103 26093 BMS 52448 b
A BILL FOR
SB0315LRB103 26093 BMS 52448 b   SB0315  LRB103 26093 BMS 52448 b
  SB0315  LRB103 26093 BMS 52448 b
1  AN ACT concerning elections.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Election Code is amended by changing
5  Sections 1-3, 7-46, 7-52, 7-53, 7-56, 7-59, 16-3, 17-11,
6  17-18, 18-5, 18-9, 21-2, and 22-7 and by adding Article 22A as
7  follows:
8  (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
9  Sec. 1-3. As used in this Act, unless the context
10  otherwise requires:
11  1. "Election" includes the submission of all questions of
12  public policy, propositions, and all measures submitted to
13  popular vote, and includes primary elections when so indicated
14  by the context.
15  2. "Regular election" means the general, general primary,
16  consolidated and consolidated primary elections regularly
17  scheduled in Article 2A. The even numbered year municipal
18  primary established in Article 2A is a regular election only
19  with respect to those municipalities in which a primary is
20  required to be held on such date.
21  3. "Special election" means an election not regularly
22  recurring at fixed intervals, irrespective of whether it is
23  held at the same time and place and by the same election

 

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
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
    LRB103 26093 BMS 52448 b
A BILL FOR

 

 

See Index



    LRB103 26093 BMS 52448 b

 

 



 

  SB0315  LRB103 26093 BMS 52448 b


SB0315- 2 -LRB103 26093 BMS 52448 b   SB0315 - 2 - LRB103 26093 BMS 52448 b
  SB0315 - 2 - LRB103 26093 BMS 52448 b
1  officers as a regular election.
2  4. "General election" means the biennial election at which
3  members of the General Assembly are elected. "General primary
4  election", "consolidated election" and "consolidated primary
5  election" mean the respective elections or the election dates
6  designated and established in Article 2A of this Code.
7  5. "Municipal election" means an election or primary,
8  either regular or special, in cities, villages, and
9  incorporated towns; and "municipality" means any such city,
10  village or incorporated town.
11  6. "Political or governmental subdivision" means any unit
12  of local government, or school district in which elections are
13  or may be held. "Political or governmental subdivision" also
14  includes, for election purposes, Regional Boards of School
15  Trustees, and Township Boards of School Trustees.
16  7. The word "township" and the word "town" shall apply
17  interchangeably to the type of governmental organization
18  established in accordance with the provisions of the Township
19  Code. The term "incorporated town" shall mean a municipality
20  referred to as an incorporated town in the Illinois Municipal
21  Code, as now or hereafter amended.
22  8. "Election authority" means a county clerk or a Board of
23  Election Commissioners.
24  9. "Election Jurisdiction" means (a) an entire county, in
25  the case of a county in which no city board of election
26  commissioners is located or which is under the jurisdiction of

 

 

  SB0315 - 2 - LRB103 26093 BMS 52448 b


SB0315- 3 -LRB103 26093 BMS 52448 b   SB0315 - 3 - LRB103 26093 BMS 52448 b
  SB0315 - 3 - LRB103 26093 BMS 52448 b
1  a county board of election commissioners; (b) the territorial
2  jurisdiction of a city board of election commissioners; and
3  (c) the territory in a county outside of the jurisdiction of a
4  city board of election commissioners. In each instance
5  election jurisdiction shall be determined according to which
6  election authority maintains the permanent registration
7  records of qualified electors.
8  10. "Local election official" means the clerk or secretary
9  of a unit of local government or school district, as the case
10  may be, the treasurer of a township board of school trustees,
11  and the regional superintendent of schools with respect to the
12  various school officer elections and school referenda for
13  which the regional superintendent is assigned election duties
14  by The School Code, as now or hereafter amended.
15  11. "Judges of election", "primary judges" and similar
16  terms, as applied to cases where there are 2 sets of judges,
17  when used in connection with duties at an election during the
18  hours the polls are open, refer to the team of judges of
19  election on duty during such hours; and, when used with
20  reference to duties after the closing of the polls, refer to
21  the team of tally judges designated to count the vote after the
22  closing of the polls and the holdover judges designated
23  pursuant to Section 13-6.2 or 14-5.2. In such case, where,
24  after the closing of the polls, any act is required to be
25  performed by each of the judges of election, it shall be
26  performed by each of the tally judges and by each of the

 

 

  SB0315 - 3 - LRB103 26093 BMS 52448 b


SB0315- 4 -LRB103 26093 BMS 52448 b   SB0315 - 4 - LRB103 26093 BMS 52448 b
  SB0315 - 4 - LRB103 26093 BMS 52448 b
1  holdover judges.
2  12. "Petition" of candidacy as used in Sections 7-10 and
3  7-10.1 shall consist of a statement of candidacy, candidate's
4  statement containing oath, and sheets containing signatures of
5  qualified primary electors bound together.
6  13. "Election district" and "precinct", when used with
7  reference to a 30-day residence requirement, means the
8  smallest constituent territory in which electors vote as a
9  unit at the same polling place in any election governed by this
10  Act.
11  14. "District" means any area which votes as a unit for the
12  election of any officer, other than the State or a unit of
13  local government or school district, and includes, but is not
14  limited to, legislative, congressional and judicial districts,
15  judicial circuits, county board districts, municipal and
16  sanitary district wards, school board districts, and
17  precincts.
18  15. "Question of public policy" or "public question" means
19  any question, proposition or measure submitted to the voters
20  at an election dealing with subject matter other than the
21  nomination or election of candidates and shall include, but is
22  not limited to, any bond or tax referendum, and questions
23  relating to the Constitution.
24  16. "Ordinance providing the form of government of a
25  municipality or county pursuant to Article VII of the
26  Constitution" includes ordinances, resolutions and petitions

 

 

  SB0315 - 4 - LRB103 26093 BMS 52448 b


SB0315- 5 -LRB103 26093 BMS 52448 b   SB0315 - 5 - LRB103 26093 BMS 52448 b
  SB0315 - 5 - LRB103 26093 BMS 52448 b
1  adopted by referendum which provide for the form of
2  government, the officers or the manner of selection or terms
3  of office of officers of such municipality or county, pursuant
4  to the provisions of Sections 4, 6 or 7 of Article VII of the
5  Constitution.
6  17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29,
7  6-60, and 6-66 shall include a computer tape or computer disc
8  or other electronic data processing information containing
9  voter information.
10  18. "Accessible" means accessible to persons with
11  disabilities and elderly individuals for the purpose of voting
12  or registration, as determined by rule of the State Board of
13  Elections.
14  19. "Elderly" means 65 years of age or older.
15  20. "Person with a disability" means a person having a
16  temporary or permanent physical disability.
17  21. "Leading political party" means one of the two
18  political parties whose candidates for governor at the most
19  recent three gubernatorial elections received either the
20  highest or second highest average number of votes. The
21  political party whose candidates for governor received the
22  highest average number of votes shall be known as the first
23  leading political party and the political party whose
24  candidates for governor received the second highest average
25  number of votes shall be known as the second leading political
26  party.

 

 

  SB0315 - 5 - LRB103 26093 BMS 52448 b


SB0315- 6 -LRB103 26093 BMS 52448 b   SB0315 - 6 - LRB103 26093 BMS 52448 b
  SB0315 - 6 - LRB103 26093 BMS 52448 b
1  22. "Business day" means any day in which the office of an
2  election authority, local election official or the State Board
3  of Elections is open to the public for a minimum of 7 hours.
4  23. "Homeless individual" means any person who has a
5  nontraditional residence, including, but not limited to, a
6  shelter, day shelter, park bench, street corner, or space
7  under a bridge.
8  24. "Signature" means a name signed in ink or in digitized
9  form. This definition does not apply to a nominating or
10  candidate petition or a referendum petition.
11  25. "Intelligent mail barcode tracking system" means a
12  printed trackable barcode attached to the return business
13  reply envelope for mail-in ballots under Article 19 or Article
14  20 that allows an election authority to determine the date the
15  envelope was mailed in absence of a postmark.
16  26. "Office elected by ranked choice voting" means any of
17  the following offices: member of the General Assembly,
18  Governor, Lieutenant Governor, Attorney General, Secretary of
19  State, Comptroller, State Treasurer, Judges of the Supreme,
20  Appellate, and Circuit Courts, United States Representative,
21  United States Senator, and President of the United States.
22  These offices shall be elected by ranked choice voting during
23  a general or special election, and during a primary,
24  consolidated primary, or similar election. Presidential
25  preference primaries shall also be conducted by ranked choice
26  voting.

 

 

  SB0315 - 6 - LRB103 26093 BMS 52448 b


SB0315- 7 -LRB103 26093 BMS 52448 b   SB0315 - 7 - LRB103 26093 BMS 52448 b
  SB0315 - 7 - LRB103 26093 BMS 52448 b
1  (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
2  (10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
3  Sec. 7-46.  On receiving from the primary judges a primary
4  ballot of his party, the primary elector shall forthwith and
5  without leaving the polling place, retire alone to one of the
6  voting booths and prepare such primary ballot by marking a
7  cross (X) in the square in front of and opposite the name of
8  each candidate of his choice for each office to be filled, and
9  for delegates and alternate delegates to national nominating
10  conventions, and for committeepersons, if committeepersons are
11  being elected at such primary. A cross (X) in the square in
12  front of the bracket enclosing the names of a team of
13  candidates for Governor and Lieutenant Governor counts as one
14  vote for each of those candidates.
15  Any primary elector may, instead of voting for any
16  candidate for nomination or for committeeperson or for
17  delegate or alternate delegate to national nominating
18  conventions, whose name is printed on the primary ballot,
19  write in the name of any other person affiliated with such
20  party as a candidate for the nomination for any office, or for
21  committeeperson, or for delegates or alternate delegates to
22  national nominating conventions, and indicate his choice of
23  such candidate or committeeperson or delegate or alternate
24  delegate, by placing to the left of and opposite the name thus
25  written a square and placing in the square a cross (X). A

 

 

  SB0315 - 7 - LRB103 26093 BMS 52448 b


SB0315- 8 -LRB103 26093 BMS 52448 b   SB0315 - 8 - LRB103 26093 BMS 52448 b
  SB0315 - 8 - LRB103 26093 BMS 52448 b
1  primary elector, however, may not by this method vote
2  separately for Governor and Lieutenant Governor but must write
3  in the names of candidates of his or her choice for both
4  offices and indicate his or her choice of those names by
5  placing a single square to the left of those names and placing
6  in that square a cross (X).
7  Where voting machines or electronic voting systems are
8  used, the provisions of this section may be modified as
9  required or authorized by Article 24 or Article 24A, whichever
10  is applicable.
11  For an office elected by ranked choice voting, the
12  provisions of this Section may be modified as required or
13  authorized by Article 22A.
14  (Source: P.A. 100-1027, eff. 1-1-19.)
15  (10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
16  Sec. 7-52.  Immediately upon closing the polls, the primary
17  judges shall proceed to canvass the votes in the manner
18  following:
19  (1) They shall separate and count the ballots of each
20  political party.
21  (2) They shall then proceed to ascertain the number of
22  names entered on the applications for ballot under each
23  party affiliation.
24  (3) If the primary ballots of any political party
25  exceed the number of applications for ballot by voters of

 

 

  SB0315 - 8 - LRB103 26093 BMS 52448 b


SB0315- 9 -LRB103 26093 BMS 52448 b   SB0315 - 9 - LRB103 26093 BMS 52448 b
  SB0315 - 9 - LRB103 26093 BMS 52448 b
1  such political party, the primary ballots of such
2  political party shall be folded and replaced in the ballot
3  box, the box closed, well shaken and again opened and one
4  of the primary judges, who shall be blindfolded, shall
5  draw out so many of the primary ballots of such political
6  party as shall be equal to such excess. Such excess
7  ballots shall be marked "Excess-Not Counted" and signed by
8  a majority of the judges and shall be placed in the "After
9  6:00 p.m. Defective Ballots Envelope". The number of
10  excess ballots shall be noted in the remarks section of
11  the Certificate of Results. "Excess" ballots shall not be
12  counted in the total of "defective" ballots.
13  (4) The primary judges shall then proceed to count the
14  primary ballots of each political party separately; and as
15  the primary judges shall open and read the primary
16  ballots, 3 of the judges shall carefully and correctly
17  mark upon separate tally sheets the votes which each
18  candidate of the party whose name is written or printed on
19  the primary ballot has received, in a separate column for
20  that purpose, with the name of such candidate, the name of
21  his political party and the name of the office for which he
22  is a candidate for nomination at the head of such column.
23  The same column, however, shall be used for both names of
24  the same team of candidates for Governor and Lieutenant
25  Governor.
26  Where voting machines or electronic voting systems are

 

 

  SB0315 - 9 - LRB103 26093 BMS 52448 b


SB0315- 10 -LRB103 26093 BMS 52448 b   SB0315 - 10 - LRB103 26093 BMS 52448 b
  SB0315 - 10 - LRB103 26093 BMS 52448 b
1  used, the provisions of this Section may be modified as
2  required or authorized by Article 24 or Article 24A, whichever
3  is applicable.
4  For an office elected by ranked choice voting, the
5  provisions of this Section may be modified as required or
6  authorized by Article 22A.
7  (Source: P.A. 96-1018, eff. 1-1-11; 97-333, eff. 8-12-11.)
8  (10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
9  Sec. 7-53.  As soon as the ballots of a political party
10  shall have been read and the votes of the political party
11  counted, as provided in the last above section, the 3 judges in
12  charge of the tally sheets shall foot up the tally sheets so as
13  to show the total number of votes cast for each candidate of
14  the political party and for each candidate for State Central
15  committeeperson and precinct committeeperson, township
16  committeeperson or ward committeeperson, and delegate and
17  alternate delegate to National nominating conventions, and
18  certify the same to be correct. Thereupon, the primary judges
19  shall set down in a certificate of results on the tally sheet,
20  under the name of the political party, the name of each
21  candidate voted for upon the primary ballot, written at full
22  length, the name of the office for which he is a candidate for
23  nomination or for committeeperson, or delegate or alternate
24  delegate to National nominating conventions, the total number
25  of votes which the candidate received, and they shall also set

 

 

  SB0315 - 10 - LRB103 26093 BMS 52448 b


SB0315- 11 -LRB103 26093 BMS 52448 b   SB0315 - 11 - LRB103 26093 BMS 52448 b
  SB0315 - 11 - LRB103 26093 BMS 52448 b
1  down the total number of ballots voted by the primary electors
2  of the political party in the precinct. The certificate of
3  results shall be made substantially in the following form:
4  ................ Party
5  At the primary election held in the .... precinct of the
6  (1) *township of ...., or (2) *City of ...., or (3) *.... ward
7  in the city of .... on (insert date), the primary electors of
8  the .... party voted .... ballots, and the respective
9  candidates whose names were written or printed on the primary
10  ballot of the .... party, received respectively the following
11  votes:
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
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
21  *Fill in either (1), (2) or (3).
22  And so on for each candidate.
23  We hereby certify the above and foregoing to be true and
24  correct.
25  Dated (insert date).
26  ...................................

 

 

  SB0315 - 11 - LRB103 26093 BMS 52448 b

................ Party


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

...................................


SB0315- 12 -LRB103 26093 BMS 52448 b   SB0315 - 12 - LRB103 26093 BMS 52448 b
  SB0315 - 12 - LRB103 26093 BMS 52448 b
1  Name Address
2  ...................................
3  Name Address
4  ...................................
5  Name Address
6  ...................................
7  Name Address
8  ...................................
9  Name Address
10  Judges of Primary
11  Where voting machines or electronic voting systems are
12  used, the provisions of this Section may be modified as
13  required or authorized by Article 24 and Article 24A,
14  whichever is applicable.
15  For an office elected by ranked choice voting, the
16  provisions of this Section may be modified as required or
17  authorized by Article 22A.
18  (Source: P.A. 100-1027, eff. 1-1-19.)
19  (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
20  Sec. 7-56. As soon as complete returns are delivered to
21  the proper election authority, the returns shall be canvassed
22  for all primary elections as follows. The election authority
23  acting as the canvassing board pursuant to Section 1-8 of this
24  Code shall also open and canvass the returns of a primary. Upon

 

 

  SB0315 - 12 - LRB103 26093 BMS 52448 b

...................................

...................................

...................................

...................................


SB0315- 13 -LRB103 26093 BMS 52448 b   SB0315 - 13 - LRB103 26093 BMS 52448 b
  SB0315 - 13 - LRB103 26093 BMS 52448 b
1  the completion of the canvass of the returns by the election
2  authority, the election authority shall make a tabulated
3  statement of the returns for each political party separately,
4  stating in appropriate columns and under proper headings, the
5  total number of votes cast in said county for each candidate
6  for nomination or election by said party, including candidates
7  for President of the United States and for State central
8  committeepersons, and for delegates and alternate delegates to
9  National nominating conventions, and for precinct
10  committeepersons, township committeepersons, and for ward
11  committeepersons. Within 2 days after the completion of said
12  canvass by the election authority, the county clerk shall mail
13  to the State Board of Elections a certified copy of such
14  tabulated statement of returns. The election authority shall
15  also determine and set down as to each precinct the number of
16  ballots voted by the primary electors of each party at the
17  primary.
18  In the case of the nomination or election of candidates
19  for offices, including President of the United States and the
20  State central committeepersons, and delegates and alternate
21  delegates to National nominating conventions, certified
22  tabulated statement of returns for which are filed with the
23  State Board of Elections, said returns shall be canvassed by
24  the election authority. And, provided, further, that within 5
25  days after said returns shall be canvassed by the said Board,
26  the Board shall provide each political party with the results

 

 

  SB0315 - 13 - LRB103 26093 BMS 52448 b


SB0315- 14 -LRB103 26093 BMS 52448 b   SB0315 - 14 - LRB103 26093 BMS 52448 b
  SB0315 - 14 - LRB103 26093 BMS 52448 b
1  of the ranked choice voting tabulation for President of the
2  United States, including the results after each round of
3  tabulation, and cause to be published in one daily newspaper
4  of general circulation at the seat of the State government in
5  Springfield a certified statement of the returns filed in its
6  office, showing the total vote cast in the State for each
7  candidate of each political party for President of the United
8  States, and showing the total vote for each candidate of each
9  political party for President of the United States, cast in
10  each of the several congressional districts in the State.
11  Within 48 hours of conducting a canvass, as required by
12  this Code, of the consolidated primary, the election authority
13  shall deliver an original certificate of results to each local
14  election official, with respect to whose political
15  subdivisions nominations were made at such primary, for each
16  precinct in his jurisdiction in which such nominations were on
17  the ballot. Such original certificate of results need not
18  include any offices or nominations for any other political
19  subdivisions.
20  (Source: P.A. 100-1027, eff. 1-1-19.)
21  (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
22  Sec. 7-59. (a) The person receiving the highest number of
23  votes at a primary as a candidate of a party for the nomination
24  for an office shall be the candidate of that party for such
25  office, and his name as such candidate shall be placed on the

 

 

  SB0315 - 14 - LRB103 26093 BMS 52448 b


SB0315- 15 -LRB103 26093 BMS 52448 b   SB0315 - 15 - LRB103 26093 BMS 52448 b
  SB0315 - 15 - LRB103 26093 BMS 52448 b
1  official ballot at the election then next ensuing; provided,
2  that where there are 2 two or more persons to be nominated for
3  the same office or board, the requisite number of persons
4  receiving the highest number of votes shall be nominated, and
5  their names shall be placed on the official ballot at the
6  following election. For an office elected by ranked choice
7  voting, the person receiving the highest number of votes is
8  determined by ranked choice voting tabulation as described in
9  Article 22A.
10  Except as otherwise provided by Section 7-8 of this Code
11  Act, the person receiving the highest number of votes of his
12  party for State central committeeperson of his congressional
13  district shall be declared elected State central
14  committeeperson from said congressional district.
15  Unless a national political party specifies that delegates
16  and alternate delegates to a National nominating convention be
17  allocated by proportional selection representation according
18  to the results of a Presidential preference primary, the
19  requisite number of persons receiving the highest number of
20  votes of their party for delegates and alternate delegates to
21  National nominating conventions from the State at large, and
22  the requisite number of persons receiving the highest number
23  of votes of their party for delegates and alternate delegates
24  to National nominating conventions in their respective
25  congressional districts shall be declared elected delegates
26  and alternate delegates to the National nominating conventions

 

 

  SB0315 - 15 - LRB103 26093 BMS 52448 b


SB0315- 16 -LRB103 26093 BMS 52448 b   SB0315 - 16 - LRB103 26093 BMS 52448 b
  SB0315 - 16 - LRB103 26093 BMS 52448 b
1  of their party.
2  A political party which elects the members to its State
3  Central Committee by Alternative B under paragraph (a) of
4  Section 7-8 shall select its congressional district delegates
5  and alternate delegates to its national nominating convention
6  by proportional selection representation according to the
7  results of a Presidential preference primary in each
8  congressional district in the manner provided by the rules of
9  the national political party and the State Central Committee,
10  when the rules and policies of the national political party so
11  require.
12  A political party which elects the members to its State
13  Central Committee by Alternative B under paragraph (a) of
14  Section 7-8 shall select its at large delegates and alternate
15  delegates to its national nominating convention by
16  proportional selection representation according to the results
17  of a Presidential preference primary in the whole State in the
18  manner provided by the rules of the national political party
19  and the State Central Committee, when the rules and policies
20  of the national political party so require.
21  The person receiving the highest number of votes of his
22  party for precinct committeeperson of his precinct shall be
23  declared elected precinct committeeperson from said precinct.
24  The person receiving the highest number of votes of his
25  party for township committeeperson of his township or part of
26  a township as the case may be, shall be declared elected

 

 

  SB0315 - 16 - LRB103 26093 BMS 52448 b


SB0315- 17 -LRB103 26093 BMS 52448 b   SB0315 - 17 - LRB103 26093 BMS 52448 b
  SB0315 - 17 - LRB103 26093 BMS 52448 b
1  township committeeperson from said township or part of a
2  township as the case may be. In cities where ward
3  committeepersons are elected, the person receiving the highest
4  number of votes of his party for ward committeeperson of his
5  ward shall be declared elected ward committeeperson from said
6  ward.
7  When 2 two or more persons receive an equal and the highest
8  number of votes for the nomination for the same office or for
9  committeeperson of the same political party, or where more
10  than one person of the same political party is to be nominated
11  as a candidate for office or committeeperson, if it appears
12  that more than the number of persons to be nominated for an
13  office or elected committeeperson have the highest and an
14  equal number of votes for the nomination for the same office or
15  for election as committeeperson, the election authority by
16  which the returns of the primary are canvassed shall decide by
17  lot which of said persons shall be nominated or elected, as the
18  case may be. In such case the election authority shall issue
19  notice in writing to such persons of such tie vote stating
20  therein the place, the day (which shall not be more than 5 days
21  thereafter) and the hour when such nomination or election
22  shall be so determined.
23  (b) Except as otherwise provided in this Code, write-in
24  votes shall be counted only for persons who have filed
25  notarized declarations of intent to be write-in candidates
26  with the proper election authority or authorities not later

 

 

  SB0315 - 17 - LRB103 26093 BMS 52448 b


SB0315- 18 -LRB103 26093 BMS 52448 b   SB0315 - 18 - LRB103 26093 BMS 52448 b
  SB0315 - 18 - LRB103 26093 BMS 52448 b
1  than 61 days prior to the primary. However, whenever an
2  objection to a candidate's nominating papers or petitions for
3  any office is sustained under Section 10-10 after the 61st day
4  before the election, then write-in votes shall be counted for
5  that candidate if he or she has filed a notarized declaration
6  of intent to be a write-in candidate for that office with the
7  proper election authority or authorities not later than 7 days
8  prior to the election.
9  Forms for the declaration of intent to be a write-in
10  candidate shall be supplied by the election authorities. Such
11  declaration shall specify the office for which the person
12  seeks nomination or election as a write-in candidate.
13  The election authority or authorities shall deliver a list
14  of all persons who have filed such declarations to the
15  election judges in the appropriate precincts prior to the
16  primary.
17  (c) (1) Notwithstanding any other provisions of this
18  Section, where the number of candidates whose names have been
19  printed on a party's ballot for nomination for or election to
20  an office at a primary is less than the number of persons the
21  party is entitled to nominate for or elect to the office at the
22  primary, a person whose name was not printed on the party's
23  primary ballot as a candidate for nomination for or election
24  to the office, is not nominated for or elected to that office
25  as a result of a write-in vote at the primary unless the number
26  of votes he received equals or exceeds the number of

 

 

  SB0315 - 18 - LRB103 26093 BMS 52448 b


SB0315- 19 -LRB103 26093 BMS 52448 b   SB0315 - 19 - LRB103 26093 BMS 52448 b
  SB0315 - 19 - LRB103 26093 BMS 52448 b
1  signatures required on a petition for nomination for that
2  office; or unless the number of votes he receives exceeds the
3  number of votes received by at least one of the candidates
4  whose names were printed on the primary ballot for nomination
5  for or election to the same office.
6  (2) Paragraph (1) of this subsection does not apply where
7  the number of candidates whose names have been printed on the
8  party's ballot for nomination for or election to the office at
9  the primary equals or exceeds the number of persons the party
10  is entitled to nominate for or elect to the office at the
11  primary.
12  (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
13  (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
14  Sec. 16-3. (a) The names of all candidates to be voted for
15  in each election district or precinct shall be printed on one
16  ballot, except as is provided in Sections 16-6.1 and 21-1.01
17  of this Code Act and except as otherwise provided in this Code
18  Act with respect to the odd year regular elections and the
19  emergency referenda; all nominations of any political party
20  being placed under the party appellation or title of such
21  party as designated in the certificates of nomination or
22  petitions. The names of all independent candidates shall be
23  printed upon the ballot in a column or columns under the
24  heading "independent" arranged under the names or titles of
25  the respective offices for which such independent candidates

 

 

  SB0315 - 19 - LRB103 26093 BMS 52448 b


SB0315- 20 -LRB103 26093 BMS 52448 b   SB0315 - 20 - LRB103 26093 BMS 52448 b
  SB0315 - 20 - LRB103 26093 BMS 52448 b
1  shall have been nominated and so far as practicable, the name
2  or names of any independent candidate or candidates for any
3  office shall be printed upon the ballot opposite the name or
4  names of any candidate or candidates for the same office
5  contained in any party column or columns upon said ballot. The
6  ballot shall contain no other names, except that in cases of
7  electors for President and Vice-President of the United
8  States, the names of the candidates for President and
9  Vice-President may be added to the party designation and words
10  calculated to aid the voter in his choice of candidates may be
11  added, such as "Vote for one," "Vote for not more than three."
12  If no candidate or candidates file for an office and if no
13  person or persons file a declaration as a write-in candidate
14  for that office, then below the title of that office the
15  election authority instead shall print "No Candidate". When an
16  electronic voting system is used which utilizes a ballot label
17  booklet, the candidates and questions shall appear on the
18  pages of such booklet in the order provided by this Code; and,
19  in any case where candidates for an office appear on a page
20  which does not contain the name of any candidate for another
21  office, and where less than 50% of the page is utilized, the
22  name of no candidate shall be printed on the lowest 25% of such
23  page. On the back or outside of the ballot, so as to appear
24  when folded, shall be printed the words "Official Ballot",
25  followed by the designation of the polling place for which the
26  ballot is prepared, the date of the election and a facsimile of

 

 

  SB0315 - 20 - LRB103 26093 BMS 52448 b


SB0315- 21 -LRB103 26093 BMS 52448 b   SB0315 - 21 - LRB103 26093 BMS 52448 b
  SB0315 - 21 - LRB103 26093 BMS 52448 b
1  the signature of the election authority who has caused the
2  ballots to be printed. The ballots shall be of plain white
3  paper, through which the printing or writing cannot be read.
4  However, ballots for use at the nonpartisan and consolidated
5  elections may be printed on different color paper, except blue
6  paper, whenever necessary or desirable to facilitate
7  distinguishing between ballots for different political
8  subdivisions. In the case of nonpartisan elections for
9  officers of a political subdivision, unless the statute or an
10  ordinance adopted pursuant to Article VII of the Constitution
11  providing the form of government therefor requires otherwise,
12  the column listing such nonpartisan candidates shall be
13  printed with no appellation or circle at its head. The party
14  appellation or title, or the word "independent" at the head of
15  any column provided for independent candidates, shall be
16  printed in letters not less than one-fourth of an inch in
17  height and a circle one-half inch in diameter shall be printed
18  at the beginning of the line in which such appellation or title
19  is printed, provided, however, that no such circle shall be
20  printed at the head of any column or columns provided for such
21  independent candidates. The names of candidates shall be
22  printed in letters not less than one-eighth nor more than
23  one-fourth of an inch in height, and at the beginning of each
24  line in which a name of a candidate is printed a square shall
25  be printed, the sides of which shall be not less than
26  one-fourth of an inch in length. However, the names of the

 

 

  SB0315 - 21 - LRB103 26093 BMS 52448 b


SB0315- 22 -LRB103 26093 BMS 52448 b   SB0315 - 22 - LRB103 26093 BMS 52448 b
  SB0315 - 22 - LRB103 26093 BMS 52448 b
1  candidates for Governor and Lieutenant Governor on the same
2  ticket shall be printed within a bracket and a single square
3  shall be printed in front of the bracket. The list of
4  candidates of the several parties and any such list of
5  independent candidates shall be placed in separate columns on
6  the ballot in such order as the election authorities charged
7  with the printing of the ballots shall decide; provided, that
8  the names of the candidates of the several political parties,
9  certified by the State Board of Elections to the several
10  county clerks shall be printed by the county clerk of the
11  proper county on the official ballot in the order certified by
12  the State Board of Elections. Any county clerk refusing,
13  neglecting or failing to print on the official ballot the
14  names of candidates of the several political parties in the
15  order certified by the State Board of Elections, and any
16  county clerk who prints or causes to be printed upon the
17  official ballot the name of a candidate, for an office to be
18  filled by the Electors of the entire State, whose name has not
19  been duly certified to him upon a certificate signed by the
20  State Board of Elections shall be guilty of a Class C
21  misdemeanor.
22  (b) When an electronic voting system is used which
23  utilizes a ballot card, on the inside flap of each ballot card
24  envelope there shall be printed a form for write-in voting
25  which shall be substantially as follows:
26  WRITE-IN VOTES

 

 

  SB0315 - 22 - LRB103 26093 BMS 52448 b


SB0315- 23 -LRB103 26093 BMS 52448 b   SB0315 - 23 - LRB103 26093 BMS 52448 b
  SB0315 - 23 - LRB103 26093 BMS 52448 b
1  (See card of instructions for specific information.
2  Duplicate form below by hand for additional write-in votes.)
3  .............................
4  Title of Office
5  ( ) .............................
6  Name of Candidate
7  Write-in lines equal to the number of candidates for which
8  a voter may vote shall be printed for an office only if one or
9  more persons filed declarations of intent to be write-in
10  candidates or qualify to file declarations to be write-in
11  candidates under Sections 17-16.1 and 18-9.1 when the
12  certification of ballot contains the words "OBJECTION
13  PENDING".
14  (c) When an electronic voting system is used which uses a
15  ballot sheet, the instructions to voters on the ballot sheet
16  shall refer the voter to the card of instructions for specific
17  information on write-in voting. Below each office appearing on
18  such ballot sheet there shall be a provision for the casting of
19  a write-in vote. Write-in lines equal to the number of
20  candidates for which a voter may vote shall be printed for an
21  office only if one or more persons filed declarations of
22  intent to be write-in candidates or qualify to file
23  declarations to be write-in candidates under Sections 17-16.1
24  and 18-9.1 when the certification of ballot contains the words
25  "OBJECTION PENDING".
26  (d) When such electronic system is used, there shall be

 

 

  SB0315 - 23 - LRB103 26093 BMS 52448 b


SB0315- 24 -LRB103 26093 BMS 52448 b   SB0315 - 24 - LRB103 26093 BMS 52448 b
  SB0315 - 24 - LRB103 26093 BMS 52448 b
1  printed on the back of each ballot card, each ballot card
2  envelope, and the first page of the ballot label when a ballot
3  label is used, the words "Official Ballot," followed by the
4  number of the precinct or other precinct identification, which
5  may be stamped, in lieu thereof and, as applicable, the number
6  and name of the township, ward or other election district for
7  which the ballot card, ballot card envelope, and ballot label
8  are prepared, the date of the election and a facsimile of the
9  signature of the election authority who has caused the ballots
10  to be printed. The back of the ballot card shall also include a
11  method of identifying the ballot configuration such as a
12  listing of the political subdivisions and districts for which
13  votes may be cast on that ballot, or a number code identifying
14  the ballot configuration or color coded ballots, except that
15  where there is only one ballot configuration in a precinct,
16  the precinct identification, and any applicable ward
17  identification, shall be sufficient. Ballot card envelopes
18  used in punch card systems shall be of paper through which no
19  writing or punches may be discerned and shall be of sufficient
20  length to enclose all voting positions. However, the election
21  authority may provide ballot card envelopes on which no
22  precinct number or township, ward or other election district
23  designation, or election date are preprinted, if space and a
24  preprinted form are provided below the space provided for the
25  names of write-in candidates where such information may be
26  entered by the judges of election. Whenever an election

 

 

  SB0315 - 24 - LRB103 26093 BMS 52448 b


SB0315- 25 -LRB103 26093 BMS 52448 b   SB0315 - 25 - LRB103 26093 BMS 52448 b
  SB0315 - 25 - LRB103 26093 BMS 52448 b
1  authority utilizes ballot card envelopes on which the election
2  date and precinct is not preprinted, a judge of election shall
3  mark such information for the particular precinct and election
4  on the envelope in ink before tallying and counting any
5  write-in vote written thereon. If some method of insuring
6  ballot secrecy other than an envelope is used, such
7  information must be provided on the ballot itself.
8  (e) In the designation of the name of a candidate on the
9  ballot, the candidate's given name or names, initial or
10  initials, a nickname by which the candidate is commonly known,
11  or a combination thereof, may be used in addition to the
12  candidate's surname. If a candidate has changed his or her
13  name, whether by a statutory or common law procedure in
14  Illinois or any other jurisdiction, within 3 years before the
15  last day for filing the petition for nomination, nomination
16  papers, or certificate of nomination for that office,
17  whichever is applicable, then (i) the candidate's name on the
18  ballot must be followed by "formerly known as (list all prior
19  names during the 3-year period) until name changed on (list
20  date of each such name change)" and (ii) the petition, papers,
21  or certificate must be accompanied by the candidate's
22  affidavit stating the candidate's previous names during the
23  period specified in (i) and the date or dates each of those
24  names was changed; failure to meet these requirements shall be
25  grounds for denying certification of the candidate's name for
26  the ballot or removing the candidate's name from the ballot,

 

 

  SB0315 - 25 - LRB103 26093 BMS 52448 b


SB0315- 26 -LRB103 26093 BMS 52448 b   SB0315 - 26 - LRB103 26093 BMS 52448 b
  SB0315 - 26 - LRB103 26093 BMS 52448 b
1  as appropriate, but these requirements do not apply to name
2  changes resulting from adoption to assume an adoptive parent's
3  or parents' surname, marriage or civil union to assume a
4  spouse's surname, or dissolution of marriage or civil union or
5  declaration of invalidity of marriage or civil union to assume
6  a former surname or a name change that conforms the
7  candidate's name to his or her gender identity. No other
8  designation such as a political slogan, title, or degree or
9  nickname suggesting or implying possession of a title, degree
10  or professional status, or similar information may be used in
11  connection with the candidate's surname. For purposes of this
12  Section, a "political slogan" is defined as any word or words
13  expressing or connoting a position, opinion, or belief that
14  the candidate may espouse, including, but not limited to, any
15  word or words conveying any meaning other than that of the
16  personal identity of the candidate. A candidate may not use a
17  political slogan as part of his or her name on the ballot,
18  notwithstanding that the political slogan may be part of the
19  candidate's name.
20  (f) The State Board of Elections, a local election
21  official, or an election authority shall remove any
22  candidate's name designation from a ballot that is
23  inconsistent with subsection (e) of this Section. In addition,
24  the State Board of Elections, a local election official, or an
25  election authority shall not certify to any election authority
26  any candidate name designation that is inconsistent with

 

 

  SB0315 - 26 - LRB103 26093 BMS 52448 b


SB0315- 27 -LRB103 26093 BMS 52448 b   SB0315 - 27 - LRB103 26093 BMS 52448 b
  SB0315 - 27 - LRB103 26093 BMS 52448 b
1  subsection (e) of this Section.
2  (g) If the State Board of Elections, a local election
3  official, or an election authority removes a candidate's name
4  designation from a ballot under subsection (f) of this
5  Section, then the aggrieved candidate may seek appropriate
6  relief in circuit court.
7  (h) Where voting machines or electronic voting systems are
8  used, the provisions of this Section may be modified as
9  required or authorized by Article 24 or Article 24A, whichever
10  is applicable.
11  (i) Nothing in this Section shall prohibit election
12  authorities from using or reusing ballot card envelopes which
13  were printed before January 1, 1986 (the effective date of
14  Public Act 84-820) this amendatory Act of 1985.
15  (j) For an office elected by ranked choice voting, the
16  provisions of this Section may be modified as required or
17  authorized by Article 22A.
18  (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
19  (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
20  Sec. 17-11. On receipt of his ballot the voter shall
21  forthwith, and without leaving the inclosed space, retire
22  alone, or accompanied by children as provided in Section 17-8,
23  to one of the voting booths so provided and shall prepare his
24  ballot by making in the appropriate margin or place a cross (X)
25  opposite the name of the candidate of his choice for each

 

 

  SB0315 - 27 - LRB103 26093 BMS 52448 b


SB0315- 28 -LRB103 26093 BMS 52448 b   SB0315 - 28 - LRB103 26093 BMS 52448 b
  SB0315 - 28 - LRB103 26093 BMS 52448 b
1  office to be filled, or by writing in the name of the candidate
2  of his choice in a blank space on said ticket, making a cross
3  (X) opposite thereto; and in case of a question submitted to
4  the vote of the people, by making in the appropriate margin or
5  place a cross (X) against the answer he desires to give. A
6  cross (X) in the square in front of the bracket enclosing the
7  names of a team of candidates for Governor and Lieutenant
8  Governor counts as one vote for each of such candidates.
9  Before leaving the voting booth the voter shall fold his
10  ballot in such manner as to conceal the marks thereon. He shall
11  then vote forthwith in the manner herein provided, except that
12  the number corresponding to the number of the voter on the poll
13  books shall not be indorsed on the back of his ballot. He shall
14  mark and deliver his ballot without undue delay, and shall
15  quit said inclosed space as soon as he has voted; except that
16  immediately after voting, the voter shall be instructed
17  whether the voting equipment, if used, accepted or rejected
18  the ballot or identified the ballot as under-voted for a
19  statewide constitutional office. A voter whose ballot is
20  identified as under-voted may return to the voting booth and
21  complete the voting of that ballot. A voter whose ballot is not
22  accepted by the voting equipment may, upon surrendering the
23  ballot, request and vote another ballot. If a ballot for an
24  office elected by ranked choice voting is considered
25  under-voted pursuant to Section 22A-5, the voter may, upon
26  surrendering the ballot, request and vote upon another ballot.

 

 

  SB0315 - 28 - LRB103 26093 BMS 52448 b


SB0315- 29 -LRB103 26093 BMS 52448 b   SB0315 - 29 - LRB103 26093 BMS 52448 b
  SB0315 - 29 - LRB103 26093 BMS 52448 b
1  The voter's surrendered ballot shall be initialed by the
2  election judge and handled as provided in the appropriate
3  Article governing that voting equipment.
4  No voter shall be allowed to occupy a voting booth already
5  occupied by another, nor remain within said inclosed space
6  more than ten minutes, nor to occupy a voting booth more than
7  five minutes in case all of said voting booths are in use and
8  other voters waiting to occupy the same. No voter not an
9  election officer, shall, after having voted, be allowed to
10  re-enter said inclosed space during said election. No person
11  shall take or remove any ballot from the polling place before
12  the close of the poll. No voter shall vote or offer to vote any
13  ballot except such as he has received from the judges of
14  election in charge of the ballots. Any voter who shall, by
15  accident or mistake, spoil his ballot, may, on returning said
16  spoiled ballot, receive another in place thereof only after
17  the word "spoiled" has been written in ink diagonally across
18  the entire face of the ballot returned by the voter.
19  Where voting machines or electronic voting systems are
20  used, the provisions of this section may be modified as
21  required or authorized by Article 24, 24A, 24B, or 24C,
22  whichever is applicable, except that the requirements of this
23  Section that (i) the voter must be notified of the voting
24  equipment's acceptance or rejection of the voter's ballot or
25  identification of an under-vote for a statewide constitutional
26  office and (ii) the voter shall have the opportunity to

 

 

  SB0315 - 29 - LRB103 26093 BMS 52448 b


SB0315- 30 -LRB103 26093 BMS 52448 b   SB0315 - 30 - LRB103 26093 BMS 52448 b
  SB0315 - 30 - LRB103 26093 BMS 52448 b
1  correct an under-vote or surrender the ballot that was not
2  accepted and vote another ballot shall not be modified.
3  For an office elected by ranked choice voting, the
4  provisions of this Section may be modified as required or
5  authorized by Article 22A.
6  (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
7  (10 ILCS 5/17-18) (from Ch. 46, par. 17-18)
8  Sec. 17-18.  Immediately upon closing the polls the judges
9  shall proceed to canvass the votes polled. They shall first
10  count the whole number of ballots in the box. If 2 or more
11  ballots are folded together so as to appear to have been cast
12  by the same person, all of the ballots so folded together shall
13  be marked and returned with the other ballots in the same
14  conditions, as near as may be, in which they were found when
15  first opened, but shall not be counted. If the remaining
16  ballots shall be found to exceed the number of applications
17  for ballot, the ballots shall be replaced in the box, and the
18  box closed and well shaken and again opened and one of the
19  judges shall publicly draw out so many ballots unopened as
20  shall be equal to such excess; and the number of the ballots
21  agreeing with the poll lists, or being made to agree. Such
22  excess ballots shall be marked "Excess-Not Counted" and signed
23  by a majority of the judges and shall be placed in the "After
24  6:00 p.m. Defective Ballots Envelope". The number of excess
25  ballots shall be noted in the remarks section of the

 

 

  SB0315 - 30 - LRB103 26093 BMS 52448 b


SB0315- 31 -LRB103 26093 BMS 52448 b   SB0315 - 31 - LRB103 26093 BMS 52448 b
  SB0315 - 31 - LRB103 26093 BMS 52448 b
1  Certificate of Results. "Excess" ballots shall not be counted
2  in the total of "defective" ballots.
3  The judges shall then proceed to count and record the
4  votes; and when the judges of election shall open and read the
5  ballots, 3 judges, with at least one from each political party
6  from which the precinct judges were chosen, shall carefully
7  and correctly mark down upon the three tally sheets the vote
8  each candidate has received, in a separate box prepared for
9  that purpose, with the name of such candidate at the head of
10  such box, and the office designated by the votes such
11  candidate shall fill. Whenever a proposition is submitted to
12  the electors at the same election, the ballots for or against
13  such proposition shall always be canvassed, counted or
14  tallied. The votes shall be canvassed in the room or place
15  where the election is held, and the judges shall not allow the
16  ballot box, or any of the ballots, or the applications for
17  ballot, or any of the tally sheets to be removed or carried
18  away from such room or place, until the canvass of the vote is
19  completed, and the returns carefully enveloped and sealed up
20  as provided by law.
21  Where voting machines or electronic voting systems are
22  used, the provisions of this section may be modified as
23  required or authorized by Article 24 or Article 24A, whichever
24  is applicable.
25  For an office elected by ranked choice voting, the
26  provisions of this Section may be modified as required or

 

 

  SB0315 - 31 - LRB103 26093 BMS 52448 b


SB0315- 32 -LRB103 26093 BMS 52448 b   SB0315 - 32 - LRB103 26093 BMS 52448 b
  SB0315 - 32 - LRB103 26093 BMS 52448 b
1  authorized by Article 22A.
2  (Source: P.A. 83-333.)
3  (10 ILCS 5/18-5) (from Ch. 46, par. 18-5)
4  Sec. 18-5. Any person desiring to vote and whose name is
5  found upon the register of voters by the person having charge
6  thereof, shall then be questioned by one of the judges as to
7  his nativity, his term of residence at present address,
8  precinct, State and United States, his age, whether
9  naturalized and if so the date of naturalization papers and
10  court from which secured, and he shall be asked to state his
11  residence when last previously registered and the date of the
12  election for which he then registered. The judges of elections
13  shall check each application for ballot against the list of
14  voters registered in that precinct to whom grace period, vote
15  by mail, and early ballots have been issued for that election,
16  which shall be provided by the election authority and which
17  list shall be available for inspection by pollwatchers. A
18  voter applying to vote in the precinct on election day whose
19  name appears on the list as having been issued a grace period,
20  vote by mail, or early ballot shall not be permitted to vote in
21  the precinct, except that a voter to whom a vote by mail ballot
22  was issued may vote in the precinct if the voter submits to the
23  election judges that vote by mail ballot for cancellation. If
24  the voter is unable to submit the vote by mail ballot, it shall
25  be sufficient for the voter to submit to the election judges

 

 

  SB0315 - 32 - LRB103 26093 BMS 52448 b


SB0315- 33 -LRB103 26093 BMS 52448 b   SB0315 - 33 - LRB103 26093 BMS 52448 b
  SB0315 - 33 - LRB103 26093 BMS 52448 b
1  (i) a portion of the vote by mail ballot if the vote by mail
2  ballot was torn or mutilated or (ii) an affidavit executed
3  before the election judges specifying that (A) the voter never
4  received a vote by mail ballot or (B) the voter completed and
5  returned a vote by mail ballot and was informed that the
6  election authority did not receive that vote by mail ballot.
7  If such person so registered shall be challenged as
8  disqualified, the party challenging shall assign his reasons
9  therefor, and thereupon one of the judges shall administer to
10  him an oath to answer questions, and if he shall take the oath
11  he shall then be questioned by the judge or judges touching
12  such cause of challenge, and touching any other cause of
13  disqualification. And he may also be questioned by the person
14  challenging him in regard to his qualifications and identity.
15  But if a majority of the judges are of the opinion that he is
16  the person so registered and a qualified voter, his vote shall
17  then be received accordingly. But if his vote be rejected by
18  such judges, such person may afterward produce and deliver an
19  affidavit to such judges, subscribed and sworn to by him
20  before one of the judges, in which it shall be stated how long
21  he has resided in such precinct, and state; that he is a
22  citizen of the United States, and is a duly qualified voter in
23  such precinct, and that he is the identical person so
24  registered. In addition to such an affidavit, the person so
25  challenged shall provide to the judges of election proof of
26  residence by producing 2 forms of identification showing the

 

 

  SB0315 - 33 - LRB103 26093 BMS 52448 b


SB0315- 34 -LRB103 26093 BMS 52448 b   SB0315 - 34 - LRB103 26093 BMS 52448 b
  SB0315 - 34 - LRB103 26093 BMS 52448 b
1  person's current residence address, provided that such
2  identification may include a lease or contract for a residence
3  and not more than one piece of mail addressed to the person at
4  his current residence address and postmarked not earlier than
5  30 days prior to the date of the election, or the person shall
6  procure a witness personally known to the judges of election,
7  and resident in the precinct (or district), or who shall be
8  proved by some legal voter of such precinct or district, known
9  to the judges to be such, who shall take the oath following,
10  viz:
11  I do solemnly swear (or affirm) that I am a resident of
12  this election precinct (or district), and entitled to vote at
13  this election, and that I have been a resident of this State
14  for 30 days last past, and am well acquainted with the person
15  whose vote is now offered; that he is an actual and bona fide
16  resident of this election precinct (or district), and has
17  resided herein 30 days, and as I verily believe, in this State,
18  30 days next preceding this election.
19  The oath in each case may be administered by one of the
20  judges of election, or by any officer, resident in the
21  precinct or district, authorized by law to administer oaths.
22  Also supported by an affidavit by a registered voter residing
23  in such precinct, stating his own residence, and that he knows
24  such person; and that he does reside at the place mentioned and
25  has resided in such precinct and state for the length of time
26  as stated by such person, which shall be subscribed and sworn

 

 

  SB0315 - 34 - LRB103 26093 BMS 52448 b


SB0315- 35 -LRB103 26093 BMS 52448 b   SB0315 - 35 - LRB103 26093 BMS 52448 b
  SB0315 - 35 - LRB103 26093 BMS 52448 b
1  to in the same way. For purposes of this Section, the
2  submission of a photo identification issued by a college or
3  university, accompanied by either (i) a copy of the
4  applicant's contract or lease for a residence or (ii) one
5  piece of mail addressed to the person at his or her current
6  residence address and postmarked not earlier than 30 days
7  prior to the date of the election, shall be sufficient to
8  establish proof of residence. Whereupon the vote of such
9  person shall be received, and entered as other votes. But such
10  judges, having charge of such registers, shall state in their
11  respective books the facts in such case, and the affidavits,
12  so delivered to the judges, shall be preserved and returned to
13  the office of the commissioners of election. Blank affidavits
14  of the character aforesaid shall be sent out to the judges of
15  all the precincts, and the judges of election shall furnish
16  the same on demand and administer the oaths without criticism.
17  Such oaths, if administered by any other officer than such
18  judge of election, shall not be received. Whenever a proposal
19  for a constitutional amendment or for the calling of a
20  constitutional convention is to be voted upon at the election,
21  the separate blue ballot or ballots pertaining thereto shall
22  be placed on top of the other ballots to be voted at the
23  election in such manner that the legend appearing on the back
24  thereof, as prescribed in Section 16-6 of this Act, shall be
25  plainly visible to the voter, and in this fashion the ballots
26  shall be handed to the voter by the judge.

 

 

  SB0315 - 35 - LRB103 26093 BMS 52448 b


SB0315- 36 -LRB103 26093 BMS 52448 b   SB0315 - 36 - LRB103 26093 BMS 52448 b
  SB0315 - 36 - LRB103 26093 BMS 52448 b
1  Immediately after voting, the voter shall be instructed
2  whether the voting equipment, if used, accepted or rejected
3  the ballot or identified the ballot as under-voted. A voter
4  whose ballot is identified as under-voted for a statewide
5  constitutional office may return to the voting booth and
6  complete the voting of that ballot. A voter whose ballot is not
7  accepted by the voting equipment may, upon surrendering the
8  ballot, request and vote another ballot. If a ballot for an
9  office elected by ranked choice voting is considered
10  under-voted as defined in Section 22A-5, the voter may, upon
11  surrendering the ballot, request and vote upon another ballot.
12  The voter's surrendered ballot shall be initialed by the
13  election judge and handled as provided in the appropriate
14  Article governing that voting equipment.
15  The voter shall, upon quitting the voting booth, deliver
16  to one of the judges of election all of the ballots, properly
17  folded, which he received. The judge of election to whom the
18  voter delivers his ballots shall not accept the same unless
19  all of the ballots given to the voter are returned by him. If a
20  voter delivers less than all of the ballots given to him, the
21  judge to whom the same are offered shall advise him in a voice
22  clearly audible to the other judges of election that the voter
23  must return the remainder of the ballots. The statement of the
24  judge to the voter shall clearly express the fact that the
25  voter is not required to vote such remaining ballots but that
26  whether or not he votes them he must fold and deliver them to

 

 

  SB0315 - 36 - LRB103 26093 BMS 52448 b


SB0315- 37 -LRB103 26093 BMS 52448 b   SB0315 - 37 - LRB103 26093 BMS 52448 b
  SB0315 - 37 - LRB103 26093 BMS 52448 b
1  the judge. In making such statement the judge of election
2  shall not indicate by word, gesture or intonation of voice
3  that the unreturned ballots shall be voted in any particular
4  manner. No new voter shall be permitted to enter the voting
5  booth of a voter who has failed to deliver the total number of
6  ballots received by him until such voter has returned to the
7  voting booth pursuant to the judge's request and again quit
8  the booth with all of the ballots required to be returned by
9  him. Upon receipt of all such ballots the judges of election
10  shall enter the name of the voter, and his number, as above
11  provided in this Section, and the judge to whom the ballots are
12  delivered shall immediately put the ballots into the ballot
13  box. If any voter who has failed to deliver all the ballots
14  received by him refuses to return to the voting booth after
15  being advised by the judge of election as herein provided, the
16  judge shall inform the other judges of such refusal, and
17  thereupon the ballot or ballots returned to the judge shall be
18  deposited in the ballot box, the voter shall be permitted to
19  depart from the polling place, and a new voter shall be
20  permitted to enter the voting booth.
21  The judge of election who receives the ballot or ballots
22  from the voter shall announce the residence and name of such
23  voter in a loud voice. The judge shall put the ballot or
24  ballots received from the voter into the ballot box in the
25  presence of the voter and the judges of election, and in plain
26  view of the public. The judges having charge of such registers

 

 

  SB0315 - 37 - LRB103 26093 BMS 52448 b


SB0315- 38 -LRB103 26093 BMS 52448 b   SB0315 - 38 - LRB103 26093 BMS 52448 b
  SB0315 - 38 - LRB103 26093 BMS 52448 b
1  shall then, in a column prepared thereon, in the same line of,
2  the name of the voter, mark "Voted" or the letter "V".
3  No judge of election shall accept from any voter less than
4  the full number of ballots received by such voter without
5  first advising the voter in the manner above provided of the
6  necessity of returning all of the ballots, nor shall any such
7  judge advise such voter in a manner contrary to that which is
8  herein permitted, or in any other manner violate the
9  provisions of this Section; provided, that the acceptance by a
10  judge of election of less than the full number of ballots
11  delivered to a voter who refuses to return to the voting booth
12  after being properly advised by such judge shall not be a
13  violation of this Section.
14  (Source: P.A. 98-1171, eff. 6-1-15.)
15  (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)
16  Sec. 18-9.  The judges of election shall first count the
17  whole number of ballots in the box. If the ballots shall be
18  found to exceed the number of applications for ballot, they
19  shall reject the ballots, if any, found folded inside of a
20  ballot. And if the ballots and the applications for ballot
21  still do not agree after such rejection, the ballots shall be
22  replaced in the box and the box closed and well shaken, and
23  again opened; and one of the judges shall publicly draw out so
24  many ballots unopened as shall be equal to such excess. Such
25  excess ballots shall be marked "Excess-Not Counted" and signed

 

 

  SB0315 - 38 - LRB103 26093 BMS 52448 b


SB0315- 39 -LRB103 26093 BMS 52448 b   SB0315 - 39 - LRB103 26093 BMS 52448 b
  SB0315 - 39 - LRB103 26093 BMS 52448 b
1  by a majority of judges and shall be placed in the "After 6:00
2  p.m. Defective Ballots Envelope". The number of excess ballots
3  shall be noted in the remarks section of the Certificate of
4  Results. "Excess" ballots shall not be counted in the total of
5  "defective" ballots. And the ballots and applications for
6  ballot being made to agree in this way, the judges shall
7  proceed to count the votes in the following manner: The judges
8  shall open the ballots and place those which contain the same
9  names together, so that the several kinds shall be in separate
10  piles or on separate files. Each of the judges shall examine
11  the separate files which are, or are supposed to be, alike, and
12  exclude from such files any which may have a name or an
13  erasure, or in any manner shall be different from the others of
14  such file. One of the judges shall then take one file of the
15  kind of ballots which contain the same names, and count them by
16  tens, carefully examining each name on each of the ballots.
17  Such judge shall then pass the ten ballots aforesaid to the
18  judge sitting next to him, who shall count them in the same
19  manner, who shall then pass them to a third judge, who shall
20  also count them in the same manner. Then the third judge shall
21  call the names of the persons named in the ten ballots, and the
22  offices for which they are designated, and 2 of the judges, who
23  did not assist in the counting shall tally ten votes for each
24  of such persons, except as herein otherwise provided. When the
25  judges shall have gone through such file of ballots,
26  containing the same names, and shall count them by tens in the

 

 

  SB0315 - 39 - LRB103 26093 BMS 52448 b


SB0315- 40 -LRB103 26093 BMS 52448 b   SB0315 - 40 - LRB103 26093 BMS 52448 b
  SB0315 - 40 - LRB103 26093 BMS 52448 b
1  same way, and shall call the names of the persons named in the
2  ballots and the office for which they are designated, the
3  tally judges shall tally the votes by tens for each of such
4  persons in the same manner as in the first instance. When the
5  counting of each file of ballots which contain the same names
6  shall be completed, the tally judges shall compare their
7  tallies together and ascertain the total number of ballots of
8  that kind so canvassed; and when they agree upon the number,
9  one of them shall announce it in a loud voice to the other
10  judges. The judges shall then canvass the other kinds of
11  ballots which do not correspond, those containing names partly
12  from one kind of ballots and partly from another, being those
13  from which the name of the person proper to be voted for on
14  such ballots has been omitted or erased, usually called
15  "scratched tickets". They shall be canvassed separately by one
16  of the judges sitting between 2 other judges, which judge
17  shall call each name to the tally judges and the office for
18  which it is designated, and the other judges looking at the
19  ballot at the same time, and the tally judges making tally of
20  the same. When all the ballots have been canvassed in this
21  manner, the tally judges shall compare their tallies together,
22  and ascertain the total number of votes received by each
23  candidate and when they agree upon the numbers one of them
24  shall announce in a loud voice to the judges the number of
25  votes received by each candidate on each of the kinds of
26  ballots containing his name, the number received by him on

 

 

  SB0315 - 40 - LRB103 26093 BMS 52448 b


SB0315- 41 -LRB103 26093 BMS 52448 b   SB0315 - 41 - LRB103 26093 BMS 52448 b
  SB0315 - 41 - LRB103 26093 BMS 52448 b
1  scratch tickets, and the total number of votes received by
2  him.
3  The votes for the offices of Governor and Lieutenant
4  Governor shall be counted and tallied jointly.
5  Where voting machines or electronic voting systems are
6  used, the provisions of this section may be modified as
7  required or authorized by Article 24 or Article 24A, whichever
8  is applicable.
9  For an office elected by ranked choice voting, the
10  provisions of this Section may be modified as required or
11  authorized by Article 22A.
12  (Source: P.A. 89-700, eff. 1-17-97.)
13  (10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
14  Sec. 21-2. The county clerks of the several counties
15  shall, within 21 days next after holding the election named in
16  subsection (1) of Section 2A-1.2 and Section 2A-2, make 2
17  copies of the abstract of the votes cast for electors by each
18  political party or group, as indicated by the voter for an
19  office elected by ranked choice voting, as aforesaid, by a
20  cross in the square to the left of the bracket aforesaid, or as
21  indicated by a cross in the appropriate place preceding the
22  appellation or title of the particular political party or
23  group, and transmit by mail one of the copies to the office of
24  the State Board of Elections and retain the other in his
25  office, to be sent for by the electoral board in case the other

 

 

  SB0315 - 41 - LRB103 26093 BMS 52448 b


SB0315- 42 -LRB103 26093 BMS 52448 b   SB0315 - 42 - LRB103 26093 BMS 52448 b
  SB0315 - 42 - LRB103 26093 BMS 52448 b
1  should be mislaid. Within 31 days after the holding of such
2  election, and sooner if all the returns are received by the
3  State Board of Elections, the State Board of Elections shall
4  proceed to open and canvass said election returns by ranked
5  choice voting tabulation as described in Article 22A, and to
6  declare which set of candidates for President and
7  Vice-President received, as aforesaid, the highest number of
8  votes cast at such election as aforesaid; and the electors of
9  that party whose candidates for President and Vice-President
10  received the highest number of votes so cast shall be taken and
11  deemed to be elected as electors of President and
12  Vice-President, but should 2 or more sets of candidates for
13  President and Vice-President be returned with an equal and the
14  highest vote, the State Board of Elections shall cause a
15  notice of the same to be published, which notice shall name
16  some day and place, not less than 5 days from the time of such
17  publication of such notice, upon which the State Board of
18  Elections will decide by lot which of the sets of candidates
19  for President and Vice-President so equal and highest shall be
20  declared to be highest. And upon the day and at the place so
21  appointed in the notice, the board shall so decide by lot and
22  declare which is deemed highest of the sets of candidates for
23  President and Vice-President so equal and highest, thereby
24  determining only that the electors chosen as aforesaid by such
25  candidates' party or group are thereby elected by general
26  ticket to be such electors.

 

 

  SB0315 - 42 - LRB103 26093 BMS 52448 b


SB0315- 43 -LRB103 26093 BMS 52448 b   SB0315 - 43 - LRB103 26093 BMS 52448 b
  SB0315 - 43 - LRB103 26093 BMS 52448 b
1  (Source: P.A. 100-863, eff. 8-14-18.)
2  (10 ILCS 5/22-7)  (from Ch. 46, par. 22-7)
3  Sec. 22-7. Canvass of votes; declaration and proclamation
4  of result. The State Board of Elections, shall proceed within
5  31 days after the election, and sooner if all the returns are
6  received, to canvass the votes given for United States
7  Senators and Representatives to Congress, State executive
8  officers, judges of the Supreme Court, judges of the Appellate
9  Court, judges of the Circuit Court, Senators, Representatives
10  to the General Assembly, State's Attorneys and Regional
11  Superintendents of Schools elected from 2 or more counties,
12  respectively. For an office elected by ranked choice voting,
13  the canvass shall be done by ranked choice voting tabulation
14  as described in Article 22A. The , and the persons having the
15  highest number of votes for the respective offices shall be
16  declared duly elected, but if it appears that more than the
17  number of persons to be elected have the highest and an equal
18  number of votes for the same office, the electoral board shall
19  decide by lot which of such persons shall be elected; and to
20  each person duly elected, the Governor shall give a
21  certificate of election or commission, as the case may
22  require, and shall cause proclamation to be made of the result
23  of the canvass, and they shall at the same time and in the same
24  manner, canvass the vote cast upon amendments to the
25  Constitution, and upon other propositions submitted to the

 

 

  SB0315 - 43 - LRB103 26093 BMS 52448 b


SB0315- 44 -LRB103 26093 BMS 52448 b   SB0315 - 44 - LRB103 26093 BMS 52448 b
  SB0315 - 44 - LRB103 26093 BMS 52448 b
1  electors of the entire State; and the Governor shall cause to
2  be made such proclamation of the result of the canvass as the
3  statutes elsewhere provide. The State Board of Elections shall
4  transmit to the State Comptroller a list of the persons
5  elected to the various offices. The State Board of Elections
6  shall also transmit to the Supreme Court the names of persons
7  elected to judgeships in adversary elections and the names of
8  judges who fail to win retention in office.
9  No person who is shown by the canvassing board's
10  proclamation to have been elected at the consolidated election
11  or general election as a write-in candidate shall take office
12  unless that person has first filed with the certifying office
13  or board a statement of candidacy pursuant to Section 7-10 or
14  Section 10-5, a statement pursuant to Section 7-10.1, and a
15  receipt for filing a statement of economic interests in
16  relation to the unit of government to which he or she has been
17  elected. For officers elected at the consolidated election,
18  the certifying officer shall notify the election authority of
19  the receipt of those documents, and the county clerk shall
20  issue the certification of election under the provisions of
21  Section 22-18.
22  (Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
23  (10 ILCS 5/Art. 22A heading new)
24  ARTICLE 22A.  RANKED CHOICE VOTING

 

 

  SB0315 - 44 - LRB103 26093 BMS 52448 b


SB0315- 45 -LRB103 26093 BMS 52448 b   SB0315 - 45 - LRB103 26093 BMS 52448 b
  SB0315 - 45 - LRB103 26093 BMS 52448 b
1  (10 ILCS 5/22A-1 new)
2  Sec. 22A-1. Applicability. An election for an office
3  elected by ranked choice voting involving 3 or more
4  candidates, including qualified write-in candidates, shall be
5  conducted pursuant to the procedures set forth in this
6  Article.
7  (10 ILCS 5/22A-5 new)
8  Sec. 22A-5. Definitions.  As used in this Article:
9  "Active ballot" means a ballot that is not an inactive
10  ballot.
11  "Active candidate" means a candidate who has not been
12  defeated.
13  "Highest-ranked active candidate" means the highest
14  ranking on a voter's ballot for an active candidate.
15  "Inactive ballot" is a ballot that does not count for any
16  candidate for any of the reasons given in Section 22A-45.
17  "Overvote" means a circumstance in which a voter has
18  ranked more than one candidate at the same ranking.
19  "Ranking" means the number available to be assigned by a
20  voter to a candidate to express the voter's choice for that
21  candidate. The number "1" is the highest ranking, followed by
22  "2" and then "3" and so on.
23  "Round" means an instance of the sequence of voting
24  tabulation steps established in Section 22A-30.
25  "Skipped ranking" means a voter has left a ranking

 

 

  SB0315 - 45 - LRB103 26093 BMS 52448 b


SB0315- 46 -LRB103 26093 BMS 52448 b   SB0315 - 46 - LRB103 26093 BMS 52448 b
  SB0315 - 46 - LRB103 26093 BMS 52448 b
1  unassigned but ranks a candidate at a subsequent ranking.
2  "Undervote" means a circumstance in which a voter has not
3  ranked any candidate for a particular office.
4  "Under-voted" means a case where a ballot does not contain
5  rankings for any candidate for a particular office.
6  (10 ILCS 5/22A-10 new)
7  Sec. 22A-10. Ranked choice voting ballots. A ranked choice
8  voting ballot shall be laid out to allow the voter to rank the
9  candidates for an office in order of preference. The ballot
10  shall allow voters to rank as many choices as there are
11  qualified candidates, including qualified write-in candidates,
12  except as provided in this Section. If the voting equipment
13  cannot accommodate a number of rankings on the ballot equal to
14  the number of qualified candidates, an election authority may
15  limit the number of choices a voter may rank on a ballot to the
16  maximum number allowed by the equipment. If multiple types of
17  voting equipment are used in an election for the same office,
18  the State Board of Elections shall ensure that every ballot
19  allows voters to rank the same number of candidates.
20  (10 ILCS 5/22A-15 new)
21  Sec. 22A-15. Mixed-election method ballots. If elections
22  are held in which ranked choice voting is used in addition to
23  other methods of voting, the ranked choice and non-ranked
24  choice voting elections must be on the same ballot if

 

 

  SB0315 - 46 - LRB103 26093 BMS 52448 b


SB0315- 47 -LRB103 26093 BMS 52448 b   SB0315 - 47 - LRB103 26093 BMS 52448 b
  SB0315 - 47 - LRB103 26093 BMS 52448 b
1  possible, with ranked choice voting and non-ranked choice
2  voting portions clearly separated on the ballot. If placement
3  of all offices to be elected cannot be placed on a single
4  ballot, a separate ballot may be used for those offices to be
5  elected using ranked choice voting. Ballots may deviate from
6  the ordering established in Section 7-19 to allow for
7  separation of ranked choice voting and non-ranked choice
8  voting elections.
9  (10 ILCS 5/22A-20 new)
10  Sec. 22A-20. Ballot requirements. All other ballot
11  requirements of this Code apply to ranked choice voting
12  ballots to the extent that they do not contradict the
13  requirements of this Article.
14  (10 ILCS 5/22A-25 new)
15  Sec. 22A-25. First ranked choice tabulation.
16  (a) A first ranked choice tabulation shall be done under
17  this Section before tabulation as described in Section 22A-30.
18  A first ranked choice tabulation will consist of a first round
19  only. Under the first ranked choice tabulation, the vote total
20  will be the sum of the number one ranked votes.
21  (b) If the vote total for a candidate is greater than 50%
22  of the active ballots, the candidate shall be declared duly
23  elected. If not, tabulation shall proceed in rounds as
24  described in Section 22A-30.

 

 

  SB0315 - 47 - LRB103 26093 BMS 52448 b


SB0315- 48 -LRB103 26093 BMS 52448 b   SB0315 - 48 - LRB103 26093 BMS 52448 b
  SB0315 - 48 - LRB103 26093 BMS 52448 b
1  (10 ILCS 5/22A-30 new)
2  Sec. 22A-30. Ranked choice voting tabulation. Tabulation
3  must proceed in rounds as follows:
4  (1) If 2 or fewer active candidates remain, the
5  candidate with the greatest number of votes is declared
6  the winner of the election and tabulation is complete.
7  (2) If more than 2 active candidates remain, the
8  active candidate with the fewest votes is defeated. Votes
9  for the defeated candidate are transferred to each
10  ballot's next-highest-ranked active candidate and a new
11  round begins.
12  (10 ILCS 5/22A-35 new)
13  Sec. 22A-35. Ties. If during any round of tabulation 2 or
14  more candidates are tied with the fewest votes, and tabulation
15  cannot continue until the candidate with the fewest votes is
16  defeated, then the candidate to be defeated will be chosen by
17  lot. The result of the tie resolution must be recorded and
18  reused in the event of a recount. Election authorities may
19  resolve prospective ties between candidates before the
20  election.
21  (10 ILCS 5/22A-40 new)
22  Sec. 22A-40. Batch elimination. In any election conducted
23  by ranked choice voting, the election authority may modify the

 

 

  SB0315 - 48 - LRB103 26093 BMS 52448 b


SB0315- 49 -LRB103 26093 BMS 52448 b   SB0315 - 49 - LRB103 26093 BMS 52448 b
  SB0315 - 49 - LRB103 26093 BMS 52448 b
1  tabulation to include batch elimination. If the tabulation
2  does include batch elimination, then any time the active
3  candidate with the fewest votes would be defeated, all active
4  candidates in the elimination batch are simultaneously
5  defeated instead. An active candidate is in the elimination
6  batch if the number of elected and active candidates with more
7  votes than that candidate is greater than the number of
8  offices to be elected, and it is mathematically impossible for
9  that candidate to be elected for any of the following reasons:
10  (1) The candidate could never win because the
11  candidate's current vote total plus all votes that could
12  possibly be transferred to the candidate in future rounds
13  would not be enough to equal or surpass the active
14  candidate with the next higher current vote total.
15  (2) The candidate has a lower current vote total than
16  an active candidate who is described in paragraph (1).
17  (10 ILCS 5/22A-45 new)
18  Sec. 22A-45. Inactive ballots and undervotes.
19  (a) In any round of tabulation in an election conducted by
20  ranked choice voting, an inactive ballot does not count for
21  any candidate. A ballot is inactive if any of the following is
22  true:
23  (1) It does not contain any active candidates and is
24  not an undervote.
25  (2) It has reached an overvote.

 

 

  SB0315 - 49 - LRB103 26093 BMS 52448 b


SB0315- 50 -LRB103 26093 BMS 52448 b   SB0315 - 50 - LRB103 26093 BMS 52448 b
  SB0315 - 50 - LRB103 26093 BMS 52448 b
1  (3) It has reached 2 consecutive skipped rankings.
2  (b) A ballot that is under-voted does not count as an
3  active or inactive ballot in any round of tabulation.
4  (10 ILCS 5/22A-50 new)
5  Sec. 22A-50. Precinct returns.
6  (a) For elections for an office elected by ranked choice
7  voting, precinct returns must include, at minimum, the number
8  of votes in the first ranking for each candidate.
9  (b) The processes for making precinct returns, as
10  described in Articles 7, 17, and 18, may be modified by the
11  State Board of Elections or other election authority to allow
12  for compliance with this Section.
13  (10 ILCS 5/22A-55 new)
14  Sec. 22A-55. Rights of political parties. For all
15  statutory and constitutional provisions in the State
16  pertaining to the rights of political parties or the number of
17  votes cast for an officer or candidate, the number of votes
18  cast for a party's candidate for an office elected by ranked
19  choice voting is the number of votes credited to that
20  candidate in the first ranked choice tabulation described in
21  Section 22A-25.
22  (10 ILCS 5/22A-60 new)
23  Sec. 22A-60. Adoption of rules. The State Board of

 

 

  SB0315 - 50 - LRB103 26093 BMS 52448 b


SB0315- 51 -LRB103 26093 BMS 52448 b   SB0315 - 51 - LRB103 26093 BMS 52448 b
  SB0315 - 51 - LRB103 26093 BMS 52448 b
1  Elections may adopt rules to implement the provisions of this
2  Article.
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
SB0315- 52 -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
  SB0315 - 53 - LRB103 26093 BMS 52448 b

 

 

  SB0315 - 51 - LRB103 26093 BMS 52448 b



SB0315- 52 -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 - 52 - LRB103 26093 BMS 52448 b


SB0315- 53 -LRB103 26093 BMS 52448 b   SB0315 - 53 - LRB103 26093 BMS 52448 b
  SB0315 - 53 - LRB103 26093 BMS 52448 b

 

 

  SB0315 - 53 - LRB103 26093 BMS 52448 b