103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1456 Introduced 2/7/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: New Act Creates the Presidential Primary Ranked Choice Voting Act. Provides that any State-administered primary election for the President of the United States shall be conducted using ranked choice voting. Sets forth provisions concerning form of ballot, tabulation, inactive ballots and undervotes, and ties for ranked choice voting. Provides that at least 150 days before the date of the presidential primary election, the State committee of each political party that intends to use the State-administered presidential primary in its nomination process shall inform the State Board of Elections in writing of its intention. Provides that the State committee's written notice shall indicate whether the party prefers tabulation to occur on a winner-take-all basis or on a proportional basis. Provides that if a party's notice fails to specify how to tabulate ballots, the State-administered presidential primary election for that party shall be tabulated on a statewide winner-take-all basis. Provides that the State Board of Elections shall adopt rules or guidance to facilitate the release of unofficial preliminary round-by-round results and unofficial preliminary cast vote records as soon as feasible after the polls close and at regular intervals thereafter until the counting of ballots is complete. Sets forth information that the State Board of Elections shall make public. Provides that the State Board of Elections shall have the authority to adopt any rules necessary to implement the provisions. Defines terms. LRB103 25883 BMS 52234 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1456 Introduced 2/7/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: New Act New Act Creates the Presidential Primary Ranked Choice Voting Act. Provides that any State-administered primary election for the President of the United States shall be conducted using ranked choice voting. Sets forth provisions concerning form of ballot, tabulation, inactive ballots and undervotes, and ties for ranked choice voting. Provides that at least 150 days before the date of the presidential primary election, the State committee of each political party that intends to use the State-administered presidential primary in its nomination process shall inform the State Board of Elections in writing of its intention. Provides that the State committee's written notice shall indicate whether the party prefers tabulation to occur on a winner-take-all basis or on a proportional basis. Provides that if a party's notice fails to specify how to tabulate ballots, the State-administered presidential primary election for that party shall be tabulated on a statewide winner-take-all basis. Provides that the State Board of Elections shall adopt rules or guidance to facilitate the release of unofficial preliminary round-by-round results and unofficial preliminary cast vote records as soon as feasible after the polls close and at regular intervals thereafter until the counting of ballots is complete. Sets forth information that the State Board of Elections shall make public. Provides that the State Board of Elections shall have the authority to adopt any rules necessary to implement the provisions. Defines terms. LRB103 25883 BMS 52234 b LRB103 25883 BMS 52234 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1456 Introduced 2/7/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: New Act New Act New Act Creates the Presidential Primary Ranked Choice Voting Act. Provides that any State-administered primary election for the President of the United States shall be conducted using ranked choice voting. Sets forth provisions concerning form of ballot, tabulation, inactive ballots and undervotes, and ties for ranked choice voting. Provides that at least 150 days before the date of the presidential primary election, the State committee of each political party that intends to use the State-administered presidential primary in its nomination process shall inform the State Board of Elections in writing of its intention. Provides that the State committee's written notice shall indicate whether the party prefers tabulation to occur on a winner-take-all basis or on a proportional basis. Provides that if a party's notice fails to specify how to tabulate ballots, the State-administered presidential primary election for that party shall be tabulated on a statewide winner-take-all basis. Provides that the State Board of Elections shall adopt rules or guidance to facilitate the release of unofficial preliminary round-by-round results and unofficial preliminary cast vote records as soon as feasible after the polls close and at regular intervals thereafter until the counting of ballots is complete. Sets forth information that the State Board of Elections shall make public. Provides that the State Board of Elections shall have the authority to adopt any rules necessary to implement the provisions. Defines terms. LRB103 25883 BMS 52234 b LRB103 25883 BMS 52234 b LRB103 25883 BMS 52234 b A BILL FOR SB1456LRB103 25883 BMS 52234 b SB1456 LRB103 25883 BMS 52234 b SB1456 LRB103 25883 BMS 52234 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 1. Short title. This Act may be cited as the 5 Presidential Primary Ranked Choice Voting Act. 6 Section 5. Definitions. 7 As used in this Act: 8 "Active candidate" means any candidate who has not been 9 eliminated during tabulation or is not a withdrawn candidate. 10 "Highest-ranked active candidate" means the active 11 candidate assigned to a higher ranking than any other active 12 candidates on a ballot. 13 "Inactive ballot" means a ballot that does not count for 14 any candidate for any of the reasons set forth in subsection 15 (a) of Section 25. 16 "Overvote" means an instance in which a voter has ranked 17 more than one candidate at the same ranking order. 18 "Ranking order" means the number available to be assigned 19 by a voter to a candidate to express the voter's choice for 20 that candidate; the number "1" is the highest ranking order, 21 followed by "2", and then "3" and so on in ascending numerical 22 order. 23 "Round" means an instance of the sequence of voting 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB1456 Introduced 2/7/2023, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: New Act New Act New Act Creates the Presidential Primary Ranked Choice Voting Act. Provides that any State-administered primary election for the President of the United States shall be conducted using ranked choice voting. Sets forth provisions concerning form of ballot, tabulation, inactive ballots and undervotes, and ties for ranked choice voting. Provides that at least 150 days before the date of the presidential primary election, the State committee of each political party that intends to use the State-administered presidential primary in its nomination process shall inform the State Board of Elections in writing of its intention. Provides that the State committee's written notice shall indicate whether the party prefers tabulation to occur on a winner-take-all basis or on a proportional basis. Provides that if a party's notice fails to specify how to tabulate ballots, the State-administered presidential primary election for that party shall be tabulated on a statewide winner-take-all basis. Provides that the State Board of Elections shall adopt rules or guidance to facilitate the release of unofficial preliminary round-by-round results and unofficial preliminary cast vote records as soon as feasible after the polls close and at regular intervals thereafter until the counting of ballots is complete. Sets forth information that the State Board of Elections shall make public. Provides that the State Board of Elections shall have the authority to adopt any rules necessary to implement the provisions. Defines terms. LRB103 25883 BMS 52234 b LRB103 25883 BMS 52234 b LRB103 25883 BMS 52234 b A BILL FOR New Act LRB103 25883 BMS 52234 b SB1456 LRB103 25883 BMS 52234 b SB1456- 2 -LRB103 25883 BMS 52234 b SB1456 - 2 - LRB103 25883 BMS 52234 b SB1456 - 2 - LRB103 25883 BMS 52234 b 1 tabulation conducted in accordance with subsection (b) of 2 Section 20 for winner-take-all selection of delegates or 3 subsection (c) of Section 20 for proportional selection of 4 delegates. 5 "Skipped ranking" means a voter has left a ranking order 6 unassigned but ranks a candidate at a subsequent ranking 7 order. 8 "Threshold for receiving delegates" means the amount of 9 votes necessary for a candidate to receive delegates in 10 primary elections conducted in accordance with subsection (c) 11 of Section 20. 12 "Undervote" means a ballot that does not contain any 13 candidates at any ranking in a particular contest. 14 "Withdrawn candidate" means any candidate who: 15 (1) has filed a signed letter of withdrawal with the 16 national and State party chairs in compliance with any 17 applicable party rules that may exist governing the 18 timing, procedures, or substance of candidate withdrawals 19 or suspensions; and 20 (2) has filed a signed letter of withdrawal before 21 election day with the State election official designated 22 to receive the letter. 23 Section 10. Ranked choice voting for presidential primary 24 elections. Any State-administered primary election for the 25 President of the United States shall be conducted using ranked SB1456 - 2 - LRB103 25883 BMS 52234 b SB1456- 3 -LRB103 25883 BMS 52234 b SB1456 - 3 - LRB103 25883 BMS 52234 b SB1456 - 3 - LRB103 25883 BMS 52234 b 1 choice voting as set forth in this Act. 2 Section 15. Ranked choice voting; form of ballot. 3 (a) Any ballot used to conduct ranked choice voting shall 4 allow voters to rank candidates in order of choice. 5 (b) Any ballot used to conduct ranked choice voting shall 6 allow voters to rank up to 5 qualified candidates. If voting 7 equipment cannot accommodate 5 rankings, the State Board of 8 Elections may limit the number of choices a voter may rank on 9 the ballot to the maximum number allowed by the equipment, 10 however, the number of rankings allowed shall be no fewer than 11 3 and shall be uniform across the State. 12 (c) Nothing in subsection (b) shall be construed to allow 13 a voter to vote for candidates of any party in a primary in 14 which the voter is not eligible to vote. 15 Section 20. Ranked choice voting; tabulation. 16 (a) In any State-administered primary election for 17 President of the United States conducted using ranked choice 18 voting, each ballot shall count as one vote for the 19 highest-ranked active candidate on that ballot. Ranking orders 20 containing withdrawn candidates shall be treated the same as 21 ranking orders containing candidates who have been eliminated 22 from tabulation. Otherwise, each round proceeds sequentially 23 as described in subsection (b) or (c), as applicable. 24 (b) If a party awards delegates to a single candidate on a SB1456 - 3 - LRB103 25883 BMS 52234 b SB1456- 4 -LRB103 25883 BMS 52234 b SB1456 - 4 - LRB103 25883 BMS 52234 b SB1456 - 4 - LRB103 25883 BMS 52234 b 1 winner-take-all basis, tabulation shall proceed as follows: 2 (1) If 2 or fewer active candidates remain, then 3 tabulation is complete; otherwise, tabulation proceeds 4 pursuant to paragraph (2) of this subsection. 5 (2) If tabulation is not complete, then the active 6 candidate with the fewest votes is eliminated, votes for 7 the eliminated candidate are transferred to each ballot's 8 next-ranked active candidate, and a new round begins 9 pursuant to paragraph (1). 10 (c) If a party awards delegates to multiple candidates on 11 a proportional basis, tabulation shall proceed as follows: 12 (1) If the vote total of every active candidate is 13 above the party's threshold for receiving delegates, then 14 tabulation is complete; otherwise, tabulation proceeds 15 pursuant to paragraph (2) of this subsection. 16 (2) If tabulation is not complete, then the active 17 candidate with the fewest votes is eliminated, votes for 18 the eliminated candidate are transferred to each ballot's 19 next-ranked active candidate, and a new round begins 20 pursuant to paragraph (1). 21 (d) When the State Board of Elections certifies the 22 results of the election, the official shall certify the 23 results of each round tabulated pursuant to subsection (b) or 24 (c) and any other information required under Section 40 to the 25 State chairperson and the national committee of each political 26 party that had at least one candidate on the SB1456 - 4 - LRB103 25883 BMS 52234 b SB1456- 5 -LRB103 25883 BMS 52234 b SB1456 - 5 - LRB103 25883 BMS 52234 b SB1456 - 5 - LRB103 25883 BMS 52234 b 1 State-administered presidential primary election ballot to 2 allocate national delegate votes in accordance with the 3 party's State and national rules. 4 (e) Nothing in this Act shall be construed to preclude a 5 political party from allocating delegates according to its own 6 rules for allocating such delegates. 7 Section 25. Ranked choice voting; inactive ballots and 8 undervotes. 9 (a) An inactive ballot does not count for any candidate. A 10 ballot is inactive if any of the following is true: 11 (1) The ballot does not contain any active candidates 12 and is not an undervote. 13 (2) The ballot has reached an overvote. 14 (3) The ballot has reached 2 consecutive skipped 15 rankings. 16 (b) An undervote does not count as an active or inactive 17 ballot in any round of tabulation. 18 Section 30. Ranked choice voting; ties. If 2 or more 19 candidates are tied with the fewest votes and tabulation 20 cannot continue until the candidate with the fewest votes is 21 eliminated, then the candidate to be eliminated shall be 22 determined by lot. Election officials may resolve prospective 23 ties between candidates before tabulation after all votes are 24 cast. The result of any tie resolution must be recorded and SB1456 - 5 - LRB103 25883 BMS 52234 b SB1456- 6 -LRB103 25883 BMS 52234 b SB1456 - 6 - LRB103 25883 BMS 52234 b SB1456 - 6 - LRB103 25883 BMS 52234 b 1 reused in the event of a recount. 2 Section 35. Political party notice regarding participation 3 in primary, type of primary, and threshold for receiving 4 delegates. 5 (a) At least 150 days before the date of the presidential 6 primary election, the State committee of each political party 7 that intends to use the State-administered presidential 8 primary in its nomination process shall inform the State Board 9 of Elections in writing of its intention. The State 10 committee's written notice shall indicate whether the party 11 prefers tabulation to occur on a winner-take-all basis in 12 accordance with subsection (b) of Section 20 or on a 13 proportional basis in accordance with subsection (c) of 14 Section 20. If the party requests that tabulation occur on a 15 proportional basis, the party shall indicate what the 16 applicable threshold for receiving delegates will be. If a 17 party allocates any delegates by congressional district or 18 other geographical unit, then the party shall indicate the 19 geographical basis for its allocation. If a party's notice 20 fails to specify how to tabulate ballots, the 21 State-administered presidential primary election for that 22 party shall be tabulated on a statewide winner-take-all basis 23 in accordance with subsection (b) of Section 20. 24 (b) At least 120 days before the date of the presidential 25 primary election, the State Board of Elections shall confirm SB1456 - 6 - LRB103 25883 BMS 52234 b SB1456- 7 -LRB103 25883 BMS 52234 b SB1456 - 7 - LRB103 25883 BMS 52234 b SB1456 - 7 - LRB103 25883 BMS 52234 b 1 with the State committee of each political party that the 2 State is capable of implementing the party's preferences as 3 declared under subsection (a) or shall notify the State 4 committee of any feasibility constraints that could prevent 5 the State from implementing the party's preferences. 6 Section 40. Results reporting. 7 (a) The State Board of Elections shall adopt rules or 8 guidance to facilitate the release of unofficial preliminary 9 round-by-round results and unofficial preliminary cast vote 10 records as soon as feasible after the polls close and at 11 regular intervals thereafter until the counting of ballots is 12 complete. 13 (1) Unofficial preliminary round-by-round results 14 shall be clearly labeled as preliminary and, to the extent 15 feasible, shall include the percentage of ballots counted 16 to date. 17 (2) Unofficial preliminary cast vote records shall be: 18 (A) clearly labeled as preliminary and, to the 19 extent feasible, shall include the percentage of 20 ballots counted to date; 21 (B) published online in a publicly accessible, 22 electronic format; and 23 (C) published in a manner consistent with the need 24 to maintain voter privacy. 25 (3) In adopting rules or guidance under this SB1456 - 7 - LRB103 25883 BMS 52234 b SB1456- 8 -LRB103 25883 BMS 52234 b SB1456 - 8 - LRB103 25883 BMS 52234 b SB1456 - 8 - LRB103 25883 BMS 52234 b 1 subsection, the State Board of Elections shall consult 2 with and allow for input from county clerks, local 3 election officials, and national and State party 4 representatives. 5 (b) In addition to any other information required by law 6 to be reported with final results, the State Board of 7 Elections shall make public: 8 (1) the total number of votes each candidate received 9 in each round of the official tabulation, including votes 10 for withdrawn candidates; 11 (2) the total number of ballots that became inactive 12 in each round because they did not contain any active 13 candidates, reached an overvote, or reached 2 consecutive 14 skipped rankings, reported as separate figures; and 15 (3) the cast vote records in a publicly accessible, 16 electronic format and by precinct, published in a manner 17 consistent with the need to maintain voter privacy. 18 (c) If a party allocates delegates by congressional 19 district or other geographical unit, the State Board of 20 Elections shall provide round-by-round results by 21 congressional district or other geographical unit in addition 22 to providing statewide results. 23 Section 45. Rulemaking. The State Board of Elections shall 24 have the authority to adopt any rules necessary to implement 25 this Act. SB1456 - 8 - LRB103 25883 BMS 52234 b SB1456- 9 -LRB103 25883 BMS 52234 b SB1456 - 9 - LRB103 25883 BMS 52234 b SB1456 - 9 - LRB103 25883 BMS 52234 b 1 Section 97. Severability. The provisions of this Act are 2 severable under Section 1.31 of the Statute on Statutes. SB1456 - 9 - LRB103 25883 BMS 52234 b