Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2363 Latest Draft

Bill / Introduced Version Filed 02/10/2023

103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2363 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-23 new 10 ILCS 5/7-10 from Ch. 46, par. 7-10 10 ILCS 5/7-43 from Ch. 46, par. 7-43 10 ILCS 5/7-44 from Ch. 46, par. 7-44 10 ILCS 5/7-60 from Ch. 46, par. 7-60 10 ILCS 5/17-45 new10 ILCS 5/18-45 new10 ILCS 5/19-3 from Ch. 46, par. 19-310 ILCS 5/19-4.5 new10 ILCS 5/19-5 from Ch. 46, par. 19-5 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 10 ILCS 5/20-4 from Ch. 46, par. 20-4 10 ILCS 5/20-4.5 new 10 ILCS 5/20-5 from Ch. 46, par. 20-5 10 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/7-2 rep.10 ILCS 5/7-3 rep.10 ILCS 5/Art. 10 rep. Amends the Election Code. Provides that notwithstanding any provision to the contrary, all elections shall be conducted by ranked choice voting. Sets forth State Board of Elections procedures for counting ranked choice ballots. Creates an open-primary system. Provides that primary ballots shall list each candidate for office, regardless of party affiliation, participating in the primary election. Provides that the 2 candidates in any primary that received the most votes in the primary election, regardless of party affiliation of the candidates, shall be the only 2 candidates certified for participation in the general election. Makes conforming changes. LRB103 30774 BMS 57261 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2363 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED: 10 ILCS 5/1-23 new 10 ILCS 5/7-10 from Ch. 46, par. 7-10 10 ILCS 5/7-43 from Ch. 46, par. 7-43 10 ILCS 5/7-44 from Ch. 46, par. 7-44 10 ILCS 5/7-60 from Ch. 46, par. 7-60 10 ILCS 5/17-45 new10 ILCS 5/18-45 new10 ILCS 5/19-3 from Ch. 46, par. 19-310 ILCS 5/19-4.5 new10 ILCS 5/19-5 from Ch. 46, par. 19-5 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 10 ILCS 5/20-4 from Ch. 46, par. 20-4 10 ILCS 5/20-4.5 new 10 ILCS 5/20-5 from Ch. 46, par. 20-5 10 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/7-2 rep.10 ILCS 5/7-3 rep.10 ILCS 5/Art. 10 rep. 10 ILCS 5/1-23 new 10 ILCS 5/7-10 from Ch. 46, par. 7-10 10 ILCS 5/7-43 from Ch. 46, par. 7-43 10 ILCS 5/7-44 from Ch. 46, par. 7-44 10 ILCS 5/7-60 from Ch. 46, par. 7-60 10 ILCS 5/17-45 new 10 ILCS 5/18-45 new 10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/19-4.5 new 10 ILCS 5/19-5 from Ch. 46, par. 19-5 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 10 ILCS 5/20-4 from Ch. 46, par. 20-4 10 ILCS 5/20-4.5 new 10 ILCS 5/20-5 from Ch. 46, par. 20-5 10 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/7-2 rep. 10 ILCS 5/7-3 rep. 10 ILCS 5/Art. 10 rep. Amends the Election Code. Provides that notwithstanding any provision to the contrary, all elections shall be conducted by ranked choice voting. Sets forth State Board of Elections procedures for counting ranked choice ballots. Creates an open-primary system. Provides that primary ballots shall list each candidate for office, regardless of party affiliation, participating in the primary election. Provides that the 2 candidates in any primary that received the most votes in the primary election, regardless of party affiliation of the candidates, shall be the only 2 candidates certified for participation in the general election. Makes conforming changes. LRB103 30774 BMS 57261 b LRB103 30774 BMS 57261 b A BILL FOR
103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2363 Introduced 2/10/2023, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
10 ILCS 5/1-23 new 10 ILCS 5/7-10 from Ch. 46, par. 7-10 10 ILCS 5/7-43 from Ch. 46, par. 7-43 10 ILCS 5/7-44 from Ch. 46, par. 7-44 10 ILCS 5/7-60 from Ch. 46, par. 7-60 10 ILCS 5/17-45 new10 ILCS 5/18-45 new10 ILCS 5/19-3 from Ch. 46, par. 19-310 ILCS 5/19-4.5 new10 ILCS 5/19-5 from Ch. 46, par. 19-5 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 10 ILCS 5/20-4 from Ch. 46, par. 20-4 10 ILCS 5/20-4.5 new 10 ILCS 5/20-5 from Ch. 46, par. 20-5 10 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/7-2 rep.10 ILCS 5/7-3 rep.10 ILCS 5/Art. 10 rep. 10 ILCS 5/1-23 new 10 ILCS 5/7-10 from Ch. 46, par. 7-10 10 ILCS 5/7-43 from Ch. 46, par. 7-43 10 ILCS 5/7-44 from Ch. 46, par. 7-44 10 ILCS 5/7-60 from Ch. 46, par. 7-60 10 ILCS 5/17-45 new 10 ILCS 5/18-45 new 10 ILCS 5/19-3 from Ch. 46, par. 19-3 10 ILCS 5/19-4.5 new 10 ILCS 5/19-5 from Ch. 46, par. 19-5 10 ILCS 5/19-8 from Ch. 46, par. 19-8 10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1 10 ILCS 5/20-3 from Ch. 46, par. 20-3 10 ILCS 5/20-4 from Ch. 46, par. 20-4 10 ILCS 5/20-4.5 new 10 ILCS 5/20-5 from Ch. 46, par. 20-5 10 ILCS 5/20-8 from Ch. 46, par. 20-8 10 ILCS 5/7-2 rep. 10 ILCS 5/7-3 rep. 10 ILCS 5/Art. 10 rep.
10 ILCS 5/1-23 new
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/7-44 from Ch. 46, par. 7-44
10 ILCS 5/7-60 from Ch. 46, par. 7-60
10 ILCS 5/17-45 new
10 ILCS 5/18-45 new
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/19-4.5 new
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1
10 ILCS 5/20-3 from Ch. 46, par. 20-3
10 ILCS 5/20-4 from Ch. 46, par. 20-4
10 ILCS 5/20-4.5 new
10 ILCS 5/20-5 from Ch. 46, par. 20-5
10 ILCS 5/20-8 from Ch. 46, par. 20-8
10 ILCS 5/7-2 rep.
10 ILCS 5/7-3 rep.
10 ILCS 5/Art. 10 rep.
Amends the Election Code. Provides that notwithstanding any provision to the contrary, all elections shall be conducted by ranked choice voting. Sets forth State Board of Elections procedures for counting ranked choice ballots. Creates an open-primary system. Provides that primary ballots shall list each candidate for office, regardless of party affiliation, participating in the primary election. Provides that the 2 candidates in any primary that received the most votes in the primary election, regardless of party affiliation of the candidates, shall be the only 2 candidates certified for participation in the general election. Makes conforming changes.
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LRB103 30774 BMS 57261 b
A BILL FOR
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SB2363 LRB103 30774 BMS 57261 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 7-10, 7-43, 7-44, 7-60, 19-3, 19-4, 19-5, 19-8,
6 19-12.1, 20-3, 20-4, 20-5, and 20-8 and by adding Sections
7 1-23, 17-45, 18-45, 19-4.5, and 20-4.5 as follows:
8 (10 ILCS 5/1-23 new)
9 Sec. 1-23. Ranked choice voting.
10 (a) As used in this Section:
11 "Continuing candidate" means a candidate who has not been
12 defeated.
13 "Inactive ballot" means a ballot that is no longer
14 tabulated, either in whole or in part, by the State Board of
15 Elections because the ballot does not rank any continuing
16 candidate, contains an overvote at the highest continuing
17 ranking, or contains 2 or more sequential skipped rankings
18 before its highest continuing ranking.
19 "Overvote" means an instance in which a voter has assigned
20 the same ranking to more than one candidate.
21 "Ranking" or "ranked" means the number assigned by a voter
22 to a candidate to express the voter's choice for that
23 candidate; a ranking of "1" is the highest ranking, followed

10 ILCS 5/1-23 new
10 ILCS 5/7-10 from Ch. 46, par. 7-10
10 ILCS 5/7-43 from Ch. 46, par. 7-43
10 ILCS 5/7-44 from Ch. 46, par. 7-44
10 ILCS 5/7-60 from Ch. 46, par. 7-60
10 ILCS 5/17-45 new
10 ILCS 5/18-45 new
10 ILCS 5/19-3 from Ch. 46, par. 19-3
10 ILCS 5/19-4.5 new
10 ILCS 5/19-5 from Ch. 46, par. 19-5
10 ILCS 5/19-8 from Ch. 46, par. 19-8
10 ILCS 5/19-12.1 from Ch. 46, par. 19-12.1
10 ILCS 5/20-3 from Ch. 46, par. 20-3
10 ILCS 5/20-4 from Ch. 46, par. 20-4
10 ILCS 5/20-4.5 new
10 ILCS 5/20-5 from Ch. 46, par. 20-5
10 ILCS 5/20-8 from Ch. 46, par. 20-8
10 ILCS 5/7-2 rep.
10 ILCS 5/7-3 rep.
10 ILCS 5/Art. 10 rep.

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1 by "2", and then "3", and so on in ascending numerical order.
2 "Round" means an instance of the sequence of voting
3 tabulation in a general election.
4 "Skipped ranking" means a blank ranking on a ballot on
5 which a voter has ranked another candidate at a subsequent
6 ranking.
7 (b) Notwithstanding any provision of this Code to the
8 contrary, all elections shall be conducted by ranked choice
9 voting.
10 (c) The State Board of Elections shall count ballots in a
11 general election as follows:
12 (1) A ballot containing an overvote shall be
13 considered an inactive ballot once the overvote is
14 encountered at the highest ranking for a continuing
15 candidate.
16 (2) If a ballot contains a skipped ranking, then the
17 State Board of Elections shall count the next ranking; if
18 the next ranking is another skipped ranking, then the
19 ballot shall be considered an inactive ballot.
20 (3) The State Board of Elections may not count an
21 inactive ballot for any candidate.
22 (4) If there is a tie between the final 2 continuing
23 candidates or a tie between 2 candidates with the fewest
24 votes, then the tie shall be resolved by lot to determine
25 which candidate is defeated.
26 (d) The State Board of Elections shall count each validly

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1 cast ballot as one vote for the highest-ranking continuing
2 candidate on that ballot or as an inactive ballot as follows:
3 (1) if a candidate is highest-ranked on more than
4 one-half of the active ballots, then that candidate is
5 elected and the tabulation is complete; otherwise,
6 tabulation continues under paragraph (2) of this
7 subsection;
8 (2) if 2 or fewer continuing candidates remain, then
9 the candidate with the greatest number of votes is elected
10 and the tabulation is complete; otherwise, tabulation
11 continues under paragraph (3) of this subsection; and
12 (3) the candidate with the fewest votes is defeated,
13 votes cast for the defeated candidate shall cease counting
14 for the defeated candidate and shall be added to the
15 totals of each ballot's next-highest-ranked continuing
16 candidate or considered an inactive ballot, and a new
17 round of tabulation begins under paragraph (1) of this
18 subsection.
19 (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
20 Sec. 7-10. Form of petition for nomination. The name of no
21 candidate for nomination, or State central committeeperson, or
22 township committeeperson, or precinct committeeperson, or ward
23 committeeperson or candidate for delegate or alternate
24 delegate to national nominating conventions, shall be printed
25 upon the primary ballot unless a petition for nomination has

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1 been filed in his behalf as provided in this Article in
2 substantially the following form:
3 We, the undersigned, members of and affiliated with the
4 .... party and qualified primary electors of the .... party,
5 in the .... of ...., in the county of .... and State of
6 Illinois, do hereby petition that the following named person
7 or persons shall be a candidate or candidates of the .... party
8 for the nomination for (or in case of committeepersons for
9 election to) the office or offices hereinafter specified, to
10 be voted for at the primary election to be held on (insert
11 date).
12 Name Office Address 13John Jones Governor Belvidere, Ill. 14Jane James Lieutenant Governor Peoria, Ill. 15Thomas Smith Attorney General Oakland, Ill. 12 Name Office Address 13 John Jones Governor Belvidere, Ill. 14 Jane James Lieutenant Governor Peoria, Ill. 15 Thomas Smith Attorney General Oakland, Ill.
12 Name Office Address
13 John Jones Governor Belvidere, Ill.
14 Jane James Lieutenant Governor Peoria, Ill.
15 Thomas Smith Attorney General Oakland, Ill.
16 Name.................. Address.......................
17 State of Illinois)
18 ) ss.
19 County of........)
20 I, ...., do hereby certify that I reside at No. ....
21 street, in the .... of ...., county of ...., and State of
22 ....., that I am 18 years of age or older, that I am a citizen
23 of the United States, and that the signatures on this sheet
24 were signed in my presence, and are genuine, and that to the

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12 Name Office Address
13 John Jones Governor Belvidere, Ill.
14 Jane James Lieutenant Governor Peoria, Ill.
15 Thomas Smith Attorney General Oakland, Ill.

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1 best of my knowledge and belief the persons so signing were at
2 the time of signing the petitions qualified voters of the ....
3 party, and that their respective residences are correctly
4 stated, as above set forth.
5 .........................
6 Subscribed and sworn to before me on (insert date).
7 .........................
8 Each sheet of the petition other than the statement of
9 candidacy and candidate's statement shall be of uniform size
10 and shall contain above the space for signatures an
11 appropriate heading giving the information as to name of
12 candidate or candidates, in whose behalf such petition is
13 signed; the office, the political party that the candidate
14 prefers, represented and place of residence; and the heading
15 of each sheet shall be the same.
16 Such petition shall be signed by qualified primary
17 electors residing in the political division for which the
18 nomination is sought in their own proper persons only and
19 opposite the signature of each signer, his residence address
20 shall be written or printed. The residence address required to
21 be written or printed opposite each qualified primary
22 elector's name shall include the street address or rural route
23 number of the signer, as the case may be, as well as the
24 signer's county, and city, village or town, and state.
25 However, the county or city, village or town, and state of

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

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1 residence of the electors may be printed on the petition forms
2 where all of the electors signing the petition reside in the
3 same county or city, village or town, and state. Standard
4 abbreviations may be used in writing the residence address,
5 including street number, if any. At the bottom of each sheet of
6 such petition shall be added a circulator statement signed by
7 a person 18 years of age or older who is a citizen of the
8 United States, stating the street address or rural route
9 number, as the case may be, as well as the county, city,
10 village or town, and state; and certifying that the signatures
11 on that sheet of the petition were signed in his or her
12 presence and certifying that the signatures are genuine; and
13 either (1) indicating the dates on which that sheet was
14 circulated, or (2) indicating the first and last dates on
15 which the sheet was circulated, or (3) for elections where the
16 petition circulation period is 90 days, certifying that none
17 of the signatures on the sheet were signed more than 90 days
18 preceding the last day for the filing of the petition, or (4)
19 for the 2022 general primary election only, certify that the
20 signatures on the sheet were signed during the period of
21 January 13, 2022 through March 14, 2022 or certify that the
22 signatures on the sheet were signed during the period of
23 January 13, 2022 through the date on which this statement was
24 sworn or affirmed to and certifying that to the best of his or
25 her knowledge and belief the persons so signing were at the
26 time of signing the petitions qualified voters of the election

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1 political party for which a nomination is sought. Such
2 statement shall be sworn to before some officer authorized to
3 administer oaths in this State.
4 Except as otherwise provided in this Code, no petition
5 sheet shall be circulated more than 90 days preceding the last
6 day provided in Section 7-12 for the filing of such petition.
7 The person circulating the petition, or the candidate on
8 whose behalf the petition is circulated, may strike any
9 signature from the petition, provided that:
10 (1) the person striking the signature shall initial
11 the petition at the place where the signature is struck;
12 and
13 (2) the person striking the signature shall sign a
14 certification listing the page number and line number of
15 each signature struck from the petition. Such
16 certification shall be filed as a part of the petition.
17 Such sheets before being filed shall be neatly fastened
18 together in book form, by placing the sheets in a pile and
19 fastening them together at one edge in a secure and suitable
20 manner, and the sheets shall then be numbered consecutively.
21 The sheets shall not be fastened by pasting them together end
22 to end, so as to form a continuous strip or roll. All petition
23 sheets which are filed with the proper local election
24 officials, election authorities or the State Board of
25 Elections shall be the original sheets which have been signed
26 by the voters and by the circulator thereof, and not

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1 photocopies or duplicates of such sheets. Each petition must
2 include as a part thereof, a statement of candidacy for each of
3 the candidates filing, or in whose behalf the petition is
4 filed. This statement shall set out the address of such
5 candidate, the office for which he is a candidate, shall state
6 that the candidate is a qualified primary voter of the
7 election for party to which the petition relates and is
8 qualified for the office specified (in the case of a candidate
9 for State's Attorney it shall state that the candidate is at
10 the time of filing such statement a licensed attorney-at-law
11 of this State), shall state that he has filed (or will file
12 before the close of the petition filing period) a statement of
13 economic interests as required by the Illinois Governmental
14 Ethics Act, shall request that the candidate's name be placed
15 upon the official ballot, and shall be subscribed and sworn to
16 by such candidate before some officer authorized to take
17 acknowledgment of deeds in the State and shall be in
18 substantially the following form:
19 Statement of Candidacy
20Name Address Office District Party 21John Jones 102 Main St. Governor Statewide Republican 22 Belvidere, 23 Illinois 20 Name Address Office District Party 21 John Jones 102 Main St. Governor Statewide Republican 22 Belvidere, 23 Illinois
20 Name Address Office District Party
21 John Jones 102 Main St. Governor Statewide Republican
22 Belvidere,
23 Illinois
24 State of Illinois)
25 ) ss.

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20 Name Address Office District Party
21 John Jones 102 Main St. Governor Statewide Republican
22 Belvidere,
23 Illinois

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1 County of .......)
2 I, ...., being first duly sworn, say that I reside at ....
3 Street in the city (or village) of ...., in the county of ....,
4 State of Illinois; that I am a qualified voter therein and am a
5 qualified primary voter of the .... party; that I am a
6 candidate for nomination (for election in the case of
7 committeeperson and delegates and alternate delegates) to the
8 office of .... to be voted upon at the primary election to be
9 held on (insert date); that I am legally qualified (including
10 being the holder of any license that may be an eligibility
11 requirement for the office I seek the nomination for) to hold
12 such office and that I have filed (or I will file before the
13 close of the petition filing period) a statement of economic
14 interests as required by the Illinois Governmental Ethics Act
15 and I hereby request that my name be printed upon the official
16 primary ballot for nomination for (or election to in the case
17 of committeepersons and delegates and alternate delegates)
18 such office.
19 Signed ......................
20 Subscribed and sworn to (or affirmed) before me by ....,
21 who is to me personally known, on (insert date).
22 Signed ....................
23 (Official Character)
24 (Seal, if officer has one.)
25 The petitions, when filed, shall not be withdrawn or added

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Signed ......................

Signed ....................

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1 to, and no signatures shall be revoked except by revocation
2 filed in writing with the State Board of Elections, election
3 authority or local election official with whom the petition is
4 required to be filed, and before the filing of such petition.
5 Whoever forges the name of a signer upon any petition required
6 by this Article is deemed guilty of a forgery and on conviction
7 thereof shall be punished accordingly.
8 A candidate for the offices listed in this Section must
9 obtain the number of signatures specified in this Section on
10 his or her petition for nomination.
11 (a) Statewide office or delegate to a national nominating
12 convention. Except as otherwise provided in this Code, if a
13 candidate seeks to run for statewide office or as a delegate or
14 alternate delegate to a national nominating convention elected
15 from the State at-large, then the candidate's petition for
16 nomination must contain at least 5,000 but not more than
17 10,000 signatures.
18 (b) Congressional office or congressional delegate to a
19 national nominating convention. Except as otherwise provided
20 in this Code, if a candidate seeks to run for United States
21 Congress or as a congressional delegate or alternate
22 congressional delegate to a national nominating convention
23 elected from a congressional district, then the candidate's
24 petition for nomination must contain at least the number of
25 signatures equal to 0.5% of the qualified primary electors of
26 his or her party in his or her congressional district. In the

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1 first primary election following a redistricting of
2 congressional districts, a candidate's petition for nomination
3 must contain at least 600 signatures of qualified primary
4 electors of the candidate's political party in his or her
5 congressional district.
6 (c) County office. Except as otherwise provided in this
7 Code, if a candidate seeks to run for any countywide office,
8 including, but not limited to, county board chairperson or
9 county board member, elected on an at-large basis, in a county
10 other than Cook County, then the candidate's petition for
11 nomination must contain at least the number of signatures
12 equal to 0.5% of the qualified electors of his or her party who
13 cast votes at the last preceding general election in his or her
14 county. If a candidate seeks to run for county board member
15 elected from a county board district, then the candidate's
16 petition for nomination must contain at least the number of
17 signatures equal to 0.5% of the qualified primary electors of
18 his or her party in the county board district. In the first
19 primary election following a redistricting of county board
20 districts or the initial establishment of county board
21 districts, a candidate's petition for nomination must contain
22 at least the number of signatures equal to 0.5% of the
23 qualified electors of his or her party in the entire county who
24 cast votes at the last preceding general election divided by
25 the total number of county board districts comprising the
26 county board; provided that in no event shall the number of

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1 signatures be less than 25.
2 (d) County office; Cook County only.
3 (1) If a candidate seeks to run for countywide office
4 in Cook County, then the candidate's petition for
5 nomination must contain at least the number of signatures
6 equal to 0.5% of the qualified electors of his or her party
7 who cast votes at the last preceding general election in
8 Cook County.
9 (2) If a candidate seeks to run for Cook County Board
10 Commissioner, then the candidate's petition for nomination
11 must contain at least the number of signatures equal to
12 0.5% of the qualified primary electors of his or her party
13 in his or her county board district. In the first primary
14 election following a redistricting of Cook County Board of
15 Commissioners districts, a candidate's petition for
16 nomination must contain at least the number of signatures
17 equal to 0.5% of the qualified electors of his or her party
18 in the entire county who cast votes at the last preceding
19 general election divided by the total number of county
20 board districts comprising the county board; provided that
21 in no event shall the number of signatures be less than 25.
22 (3) Except as otherwise provided in this Code, if a
23 candidate seeks to run for Cook County Board of Review
24 Commissioner, which is elected from a district pursuant to
25 subsection (c) of Section 5-5 of the Property Tax Code,
26 then the candidate's petition for nomination must contain

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1 at least the number of signatures equal to 0.5% of the
2 total number of registered voters in his or her board of
3 review district in the last general election at which a
4 commissioner was regularly scheduled to be elected from
5 that board of review district. In no event shall the
6 number of signatures required be greater than the
7 requisite number for a candidate who seeks countywide
8 office in Cook County under subsection (d)(1) of this
9 Section. In the first primary election following a
10 redistricting of Cook County Board of Review districts, a
11 candidate's petition for nomination must contain at least
12 4,000 signatures or at least the number of signatures
13 required for a countywide candidate in Cook County,
14 whichever is less, of the qualified electors of his or her
15 party in the district.
16 (e) Municipal or township office. If a candidate seeks to
17 run for municipal or township office, then the candidate's
18 petition for nomination must contain at least the number of
19 signatures equal to 0.5% of the qualified primary electors of
20 his or her party in the municipality or township. If a
21 candidate seeks to run for alderperson of a municipality, then
22 the candidate's petition for nomination must contain at least
23 the number of signatures equal to 0.5% of the qualified
24 primary electors of his or her party of the ward. In the first
25 primary election following redistricting of wards or trustee
26 districts of a municipality or the initial establishment of

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1 wards or districts, a candidate's petition for nomination must
2 contain the number of signatures equal to at least 0.5% of the
3 total number of votes cast for the candidate of that political
4 party who received the highest number of votes in the entire
5 municipality at the last regular election at which an officer
6 was regularly scheduled to be elected from the entire
7 municipality, divided by the number of wards or districts. In
8 no event shall the number of signatures be less than 25.
9 (f) State central committeeperson. If a candidate seeks to
10 run for State central committeeperson, then the candidate's
11 petition for nomination must contain at least 100 signatures
12 of the primary electors of his or her party of his or her
13 congressional district.
14 (g) Sanitary district trustee. Except as otherwise
15 provided in this Code, if a candidate seeks to run for trustee
16 of a sanitary district in which trustees are not elected from
17 wards, then the candidate's petition for nomination must
18 contain at least the number of signatures equal to 0.5% of the
19 primary electors of his or her party from the sanitary
20 district. If a candidate seeks to run for trustee of a sanitary
21 district in which trustees are elected from wards, then the
22 candidate's petition for nomination must contain at least the
23 number of signatures equal to 0.5% of the primary electors of
24 his or her party in the ward of that sanitary district. In the
25 first primary election following redistricting of sanitary
26 districts elected from wards, a candidate's petition for

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1 nomination must contain at least the signatures of 150
2 qualified primary electors of his or her ward of that sanitary
3 district.
4 (h) Judicial office. Except as otherwise provided in this
5 Code, if a candidate seeks to run for judicial office in a
6 district, then the candidate's petition for nomination must
7 contain the number of signatures equal to 0.4% of the number of
8 votes cast in that district for the candidate for his or her
9 political party for the office of Governor at the last general
10 election at which a Governor was elected, but in no event less
11 than 500 signatures. If a candidate seeks to run for judicial
12 office in a circuit or subcircuit, then the candidate's
13 petition for nomination must contain the number of signatures
14 equal to 0.25% of the number of votes cast for the judicial
15 candidate of his or her political party who received the
16 highest number of votes at the last general election at which a
17 judicial officer from the same circuit or subcircuit was
18 regularly scheduled to be elected, but in no event less than
19 1,000 signatures in circuits and subcircuits located in the
20 First Judicial District or 500 signatures in every other
21 Judicial District.
22 (i) Precinct, ward, and township committeeperson. Except
23 as otherwise provided in this Code, if a candidate seeks to run
24 for precinct committeeperson, then the candidate's petition
25 for nomination must contain at least 10 signatures of the
26 primary electors of his or her party for the precinct. If a

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1 candidate seeks to run for ward committeeperson, then the
2 candidate's petition for nomination must contain no less than
3 the number of signatures equal to 10% of the primary electors
4 of his or her party of the ward, but no more than 16% of those
5 same electors; provided that the maximum number of signatures
6 may be 50 more than the minimum number, whichever is greater.
7 If a candidate seeks to run for township committeeperson, then
8 the candidate's petition for nomination must contain no less
9 than the number of signatures equal to 5% of the primary
10 electors of his or her party of the township, but no more than
11 8% of those same electors; provided that the maximum number of
12 signatures may be 50 more than the minimum number, whichever
13 is greater.
14 (j) State's attorney or regional superintendent of schools
15 for multiple counties. If a candidate seeks to run for State's
16 attorney or regional Superintendent of Schools who serves more
17 than one county, then the candidate's petition for nomination
18 must contain at least the number of signatures equal to 0.5% of
19 the primary electors of his or her party in the territory
20 comprising the counties.
21 (k) Any other office. If a candidate seeks any other
22 office, then the candidate's petition for nomination must
23 contain at least the number of signatures equal to 0.5% of the
24 registered voters of the political subdivision, district, or
25 division for which the nomination is made or 25 signatures,
26 whichever is greater.

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1 For purposes of this Section the number of primary
2 electors shall be determined by taking the total vote cast, in
3 the applicable district, for the candidate for that political
4 party who received the highest number of votes, statewide, at
5 the last general election in the State at which electors for
6 President of the United States were elected. For political
7 subdivisions, the number of primary electors shall be
8 determined by taking the total vote cast for the candidate for
9 that political party who received the highest number of votes
10 in the political subdivision at the last regular election at
11 which an officer was regularly scheduled to be elected from
12 that subdivision. For wards or districts of political
13 subdivisions, the number of primary electors shall be
14 determined by taking the total vote cast for the candidate for
15 that political party who received the highest number of votes
16 in the ward or district at the last regular election at which
17 an officer was regularly scheduled to be elected from that
18 ward or district.
19 A "qualified primary elector" of a party may not sign
20 petitions for or be a candidate in the primary of more than one
21 party.
22 The changes made to this Section by Public Act 93-574 are
23 declarative of existing law, except for item (3) of subsection
24 (d).
25 Petitions of candidates for nomination for offices herein
26 specified, to be filed with the same officer, may contain the

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1 names of 2 or more candidates of the same political party for
2 the same or different offices. In the case of the offices of
3 Governor and Lieutenant Governor, a joint petition including
4 one candidate for each of those offices must be filed.
5 (Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21;
6 102-692, eff. 1-7-22.)
7 (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
8 Sec. 7-43. Every person having resided in this State 6
9 months and in the precinct 30 days next preceding any primary
10 therein who shall be a citizen of the United States of the age
11 of 18 or more years shall be entitled to vote at such primary.
12 The following regulations shall be applicable to
13 primaries:
14 No person shall be entitled to vote at a primary:
15 (a) Unless he declares his party affiliations as
16 required by this Article.
17 (b) (Blank).
18 (c) (Blank).
19 (c.5) If that person has participated in the town
20 political party caucus, under Section 45-50 of the
21 Township Code, of another political party by signing
22 an affidavit of voters attending the caucus within 45
23 days before the first day of the calendar month in
24 which the primary is held.
25 (d) (Blank).

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1 (a) In cities, villages, and incorporated towns having
2 a board of election commissioners, only voters registered
3 as provided by Article 6 of this Code Act shall be entitled
4 to vote at such primary.
5 (b) No person shall be entitled to vote at a primary
6 unless he or she is registered under the provisions of
7 Article Articles 4, 5, or 6 of this Code Act, when his or
8 her registration is required by any of said Articles to
9 entitle him or her to vote at the election with reference
10 to which the primary is held.
11 A person (i) who filed a statement of candidacy for a
12 partisan office as a qualified primary voter of an established
13 political party or (ii) who voted the ballot of an established
14 political party at a general primary election may not file a
15 statement of candidacy as a candidate of a different
16 established political party, a new political party, or as an
17 independent candidate for a partisan office to be filled at
18 the general election immediately following the general primary
19 for which the person filed the statement or voted the ballot. A
20 person may file a statement of candidacy for a partisan office
21 as a qualified primary voter of an established political party
22 regardless of any prior filing of candidacy for a partisan
23 office or voting the ballot of an established political party
24 at any prior election.
25 (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)

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1 (10 ILCS 5/7-44) (from Ch. 46, par. 7-44)
2 Sec. 7-44. Voters; primary ballot. Any person desiring to
3 vote at a primary shall state his or her name and , residence
4 and party affiliation to the primary judges, one of whom shall
5 thereupon announce the same in a distinct tone of voice,
6 sufficiently loud to be heard by all persons in the polling
7 place. When article 4, 5, or 6 is applicable the Certificate of
8 Registered Voter therein prescribed shall be made and signed
9 and the official poll record shall be made. If the person
10 desiring to vote is not challenged, one of the primary judges
11 shall give to him or her one, and only one, primary ballot
12 listing each candidate for office, regardless of party
13 affiliation, participating in the primary election of the
14 political party with which he declares himself affiliated, on
15 the back of which the such primary judge shall endorse his or
16 her initials in such manner that they may be seen when the
17 primary ballot is properly folded. If the person desiring to
18 vote is challenged he or she shall not receive a primary ballot
19 from the primary judges until he or she shall have established
20 his or her right to vote as hereinafter provided in this
21 Article. No person who refuses to state his party affiliation
22 shall be allowed to vote at a primary.
23 A person who declares his party affiliation with a
24 statewide established political party and requests a primary
25 ballot of such party may nonetheless also declare his
26 affiliation with a political party established only within a

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1 political subdivision, and may also vote in the primary of
2 such local party on the same election day, provided that such
3 voter may not vote in both such party primaries with respect to
4 offices of the same political subdivision. However, no person
5 declaring his affiliation with a statewide established
6 political party may vote in the primary of any other statewide
7 political party on the same election day.
8 (Source: P.A. 81-1535.)
9 (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
10 Sec. 7-60. Not less than 74 days before the date of the
11 general election, the State Board of Elections shall certify
12 to the county clerks the names of each of the candidates who
13 have been nominated as shown by the proclamation of the State
14 Board of Elections as a canvassing board or who have been
15 nominated to fill a vacancy in nomination and direct the
16 election authority to place upon the official ballot for the
17 general election the names of such candidates in the same
18 manner and in the same order as shown upon the certification,
19 except as otherwise provided in this Code.
20 Notwithstanding any other provision of law, the 2
21 candidates in any primary that received the most votes in the
22 primary election, regardless of party affiliation of the
23 candidates, shall be the only 2 candidates certified for
24 participation in the general election.
25 Except as otherwise provided in this Code, not less than

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1 68 days before the date of the general election, each county
2 clerk shall certify the names of each of the candidates for
3 county offices who have been nominated as shown by the
4 proclamation of the county election authority or who have been
5 nominated to fill a vacancy in nomination and declare that the
6 names of such candidates for the respective offices shall be
7 placed upon the official ballot for the general election in
8 the same manner and in the same order as shown upon the
9 certification, except as otherwise provided by this Section.
10 Each county clerk shall place a copy of the certification on
11 file in his or her office and at the same time issue to the
12 State Board of Elections a copy of such certification. In
13 addition, each county clerk in whose county there is a board of
14 election commissioners shall, not less than 68 days before the
15 date of the general election, issue to such board a copy of the
16 certification that has been filed in the county clerk's
17 office, together with a copy of the certification that has
18 been issued to the clerk by the State Board of Elections, with
19 directions to the board of election commissioners to place
20 upon the official ballot for the general election in that
21 election jurisdiction the names of all candidates that are
22 listed on such certifications, in the same manner and in the
23 same order as shown upon such certifications, except as
24 otherwise provided in this Section.
25 Whenever there are two or more persons nominated by the
26 same political party for multiple offices for any board, the

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1 name of the candidate of such party receiving the highest
2 number of votes in the primary election as a candidate for such
3 office, as shown by the official election returns of the
4 primary, shall be certified first under the name of such
5 offices, and the names of the remaining candidates of such
6 party for such offices shall follow in the order of the number
7 of votes received by them respectively at the primary election
8 as shown by the official election results.
9 No person who is shown by the final proclamation to have
10 been nominated or elected at the primary as a write-in
11 candidate shall have his or her name certified unless such
12 person shall have filed with the certifying office or board
13 within 10 days after the election authority's proclamation a
14 statement of candidacy pursuant to Section 7-10, a statement
15 pursuant to Section 7-10.1, and a receipt for the filing of a
16 statement of economic interests in relation to the unit of
17 government to which he or she has been elected or nominated.
18 Each county clerk and board of election commissioners
19 shall determine by a fair and impartial method of random
20 selection the order of placement of established political
21 party candidates for the general election ballot. Such
22 determination shall be made within 30 days following the
23 canvass and proclamation of the results of the general primary
24 in the office of the county clerk or board of election
25 commissioners and shall be open to the public. Seven days
26 written notice of the time and place of conducting such random

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1 selection shall be given, by each such election authority, to
2 the County Chair of each established political party, and to
3 each organization of citizens within the election jurisdiction
4 which was entitled, under this Article, at the next preceding
5 election, to have pollwatchers present on the day of election.
6 Each election authority shall post in a conspicuous, open and
7 public place, at the entrance of the election authority
8 office, notice of the time and place of such lottery. However,
9 a board of election commissioners may elect to place
10 established political party candidates on the general election
11 ballot in the same order determined by the county clerk of the
12 county in which the city under the jurisdiction of such board
13 is located.
14 Each certification shall indicate, where applicable, the
15 following:
16 (1) The political party affiliation of the candidates
17 for the respective offices;
18 (2) If there is to be more than one candidate elected
19 to an office from the State, political subdivision or
20 district;
21 (3) If the voter has the right to vote for more than
22 one candidate for an office;
23 (4) The term of office, if a vacancy is to be filled
24 for less than a full term or if the offices to be filled in
25 a political subdivision are for different terms.
26 The State Board of Elections or the county clerk, as the

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1 case may be, shall issue an amended certification whenever it
2 is discovered that the original certification is in error.
3 (Source: P.A. 102-15, eff. 6-17-21.)
4 (10 ILCS 5/17-45 new)
5 Sec. 17-45. Ranked choice voting. Notwithstanding any
6 provision of this Article to the contrary, all elections shall
7 comply with Section 1-23.
8 (10 ILCS 5/18-45 new)
9 Sec. 18-45. Ranked choice voting. Notwithstanding any
10 provision of this Article to the contrary, all elections shall
11 comply with Section 1-23.
12 (10 ILCS 5/19-3) (from Ch. 46, par. 19-3)
13 Sec. 19-3. Application for a vote by mail ballot.
14 (a) The application for a vote by mail ballot for a single
15 election shall be substantially in the following form:
16 APPLICATION FOR VOTE BY MAIL BALLOT
17 To be voted at the .... election in the County of .... and
18 State of Illinois, in the .... precinct of the (1) *township of
19 .... (2) *City of .... or (3) *.... ward in the City of ....
20 I state that I am a resident of the .... precinct of the
21 (1) *township of .... (2) *City of .... or (3) *.... ward in
22 the city of .... residing at .... in such city or town in the
23 county of .... and State of Illinois; that I have lived at such

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1 address for .... month(s) last past; that I am lawfully
2 entitled to vote in such precinct at the .... election to be
3 held therein on ....; and that I wish to vote by vote by mail
4 ballot.
5 I hereby make application for an official ballot or
6 ballots to be voted by me at such election, and I agree that I
7 shall return such ballot or ballots to the official issuing
8 the same prior to the closing of the polls on the date of the
9 election or, if returned by mail, postmarked no later than
10 election day, for counting no later than during the period for
11 counting provisional ballots, the last day of which is the
12 14th day following election day.
13 I understand that this application is made for an official
14 vote by mail ballot or ballots to be voted by me at the
15 election specified in this application and that I must submit
16 a separate application for an official vote by mail ballot or
17 ballots to be voted by me at any subsequent election.
18 Under penalties as provided by law pursuant to Section
19 29-10 of the Election Code, the undersigned certifies that the
20 statements set forth in this application are true and correct.
21 ....
22 *fill in either (1), (2) or (3).
23 Post office address to which ballot is mailed:
24 ...............
25 (a-5) The application for a single vote by mail ballot
26 transmitted electronically pursuant to Section 19-2.6 shall be

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1 substantively similar to the application for a vote by mail
2 ballot for a single election and shall include:
3 I swear or affirm that I am a voter with a print
4 disability, and, as a result of this disability, I am
5 making a request to receive a vote by mail ballot
6 electronically so that I may privately and independently
7 mark, verify, and print my vote by mail ballot.
8 (b) The application for permanent vote by mail status
9 shall be substantially in the following form:
10 APPLICATION FOR PERMANENT VOTE BY MAIL STATUS
11 I am currently a registered voter and wish to apply for
12 permanent vote by mail status.
13 I state that I am a resident of the City of .... residing
14 at .... in such city in the county of .... and State of
15 Illinois; that I have lived at such address for .... month(s)
16 last past; that I am lawfully entitled to vote in such precinct
17 at the .... election to be held therein on ....; and that I
18 wish to vote by vote by mail ballot in:
19 ..... all subsequent elections that do not require a party
20 designation.
21 ..... all subsequent elections, and I wish to receive a
22 ................... Party vote by mail ballot in
23 elections that require a party designation.
24 I hereby make application for an official ballot or
25 ballots to be voted by me at such election, and I agree that I
26 shall return such ballot or ballots to the official issuing

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1 the same prior to the closing of the polls on the date of the
2 election or, if returned by mail, postmarked no later than
3 election day, for counting no later than during the period for
4 counting provisional ballots, the last day of which is the
5 14th day following election day.
6 Under penalties as provided by law under Section 29-10 of
7 the Election Code, the undersigned certifies that the
8 statements set forth in this application are true and correct.
9 ....
10 Post office address to which ballot is mailed:
11 ...............
12 (b-5) The application for permanent vote by mail ballots
13 transmitted electronically pursuant to Section 19-2.6 shall be
14 substantively similar to the application for permanent vote by
15 mail status and shall include:
16 I swear or affirm that I am a voter with a
17 non-temporary print disability, and as a result of this
18 disability, I am making a request to receive vote by mail
19 ballots electronically so that I may privately and
20 independently mark, verify, and print my vote by mail
21 ballots.
22 (c) (Blank). However, if application is made for a primary
23 election ballot, such application shall require the applicant
24 to designate the name of the political party with which the
25 applicant is affiliated. The election authority shall allow
26 any voter on permanent vote by mail status to change his or her

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1 party affiliation for a primary election ballot by a method
2 and deadline published and selected by the election authority.
3 (d) If application is made electronically, the applicant
4 shall mark the box associated with the above described
5 statement included as part of the online application
6 certifying that the statements set forth in the application
7 under subsection (a) or (b) are true and correct, and a
8 signature is not required.
9 (e) Any person may produce, reproduce, distribute, or
10 return to an election authority an application under this
11 Section. If applications are sent to a post office box
12 controlled by any individual or organization that is not an
13 election authority, those applications shall (i) include a
14 valid and current phone number for the individual or
15 organization controlling the post office box and (ii) be
16 turned over to the appropriate election authority within 7
17 days of receipt or, if received within 2 weeks of the election
18 in which an applicant intends to vote, within 2 days of
19 receipt. Failure to turn over the applications in compliance
20 with this paragraph shall constitute a violation of this Code
21 and shall be punishable as a petty offense with a fine of $100
22 per application. Removing, tampering with, or otherwise
23 knowingly making the postmark on the application unreadable by
24 the election authority shall establish a rebuttable
25 presumption of a violation of this paragraph. Upon receipt,
26 the appropriate election authority shall accept and promptly

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1 process any application under this Section submitted in a form
2 substantially similar to that required by this Section,
3 including any substantially similar production or reproduction
4 generated by the applicant.
5 (f) An election authority may combine the applications in
6 subsections (a) and (b) onto one form, but the distinction
7 between the applications must be clear and the form must
8 provide check boxes for an applicant to indicate whether he or
9 she is applying for a single election vote by mail ballot or
10 for permanent vote by mail status.
11 (Source: P.A. 102-15, eff. 6-17-21; 102-819, eff. 5-13-22.)
12 (10 ILCS 5/19-4.5 new)
13 Sec. 19-4.5. Absentee primary ballots.
14 (a) Notwithstanding any other provision of law, a person
15 entitled to vote by absentee ballot at a primary shall not be
16 required to declare his or her political party affiliation and
17 shall be provided with the ballot listing all candidates for
18 offices for which the absentee voter is entitled to vote at
19 that primary. The ballots provided for absentee voters shall
20 be the same open-primary ballots as provided under Section
21 7-44.
22 (b) With respect to the marking, casting, and counting of
23 primary ballots, absentee voting shall be conducted in
24 accordance with Sections 7-43 and 7-44 as well as the
25 provisions of this Article.

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1 (10 ILCS 5/19-5) (from Ch. 46, par. 19-5)
2 Sec. 19-5. Folding and enclosure of ballots in unsealed
3 envelope; address on envelope; certification; instructions for
4 marking and returning ballots. It shall be the duty of the
5 election authority to fold the ballot or ballots in the manner
6 specified by the statute for folding ballots prior to their
7 deposit in the ballot box, and to enclose such ballot or
8 ballots in an envelope unsealed to be furnished by him, which
9 envelope shall bear upon the face thereof the name, official
10 title and post office address of the election authority, and
11 upon the other side a printed certification in substantially
12 the following form:
13 I state that I am a resident of the .... precinct of the
14 (1) *township of .... (2) *City of .... or (3) *.... ward in
15 the city of .... residing at .... in such city or town in the
16 county of .... and State of Illinois, that I have lived at such
17 address for .... months last past; and that I am lawfully
18 entitled to vote in such precinct at the .... election to be
19 held on .....
20 *fill in either (1), (2) or (3).
21 I further state that I personally marked the enclosed
22 ballot in secret.
23 Under penalties of perjury as provided by law pursuant to
24 Section 29-10 of The Election Code, the undersigned certifies
25 that the statements set forth in this certification are true

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1 and correct.
2 .......................
3 If the ballot is to go to an elector who is physically
4 incapacitated and needs assistance marking the ballot, the
5 envelope shall bear upon the back thereof a certification in
6 substantially the following form:
7 I state that I am a resident of the .... precinct of the
8 (1) *township of .... (2) *City of .... or (3) *.... ward in
9 the city of .... residing at .... in such city or town in the
10 county of .... and State of Illinois, that I have lived at such
11 address for .... months last past; that I am lawfully entitled
12 to vote in such precinct at the .... election to be held on
13 ....; that I am physically incapable of personally marking the
14 ballot for such election.
15 *fill in either (1), (2) or (3).
16 I further state that I marked the enclosed ballot in
17 secret with the assistance of
18 .................................
19 (Individual rendering assistance)
20 .................................
21 (Residence Address)
22 Under penalties of perjury as provided by law pursuant to
23 Section 29-10 of The Election Code, the undersigned certifies
24 that the statements set forth in this certification are true
25 and correct.
26 .......................

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

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

(Individual rendering assistance)

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

(Residence Address)

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

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1 In the case of a voter with a physical incapacity, marking
2 a ballot in secret includes marking a ballot with the
3 assistance of another individual, other than a candidate whose
4 name appears on the ballot (unless the voter is the spouse or a
5 parent, child, brother, or sister of the candidate), the
6 voter's employer, an agent of that employer, or an officer or
7 agent of the voter's union, when the voter's physical
8 incapacity necessitates such assistance.
9 In the case of a physically incapacitated voter, marking a
10 ballot in secret includes marking a ballot with the assistance
11 of another individual, other than a candidate whose name
12 appears on the ballot (unless the voter is the spouse or a
13 parent, child, brother, or sister of the candidate), the
14 voter's employer, an agent of that employer, or an officer or
15 agent of the voter's union, when the voter's physical
16 incapacity necessitates such assistance.
17 Provided, that if the ballot enclosed is to be voted at a
18 primary election, the certification shall designate the name
19 of the political party with which the voter is affiliated.
20 In addition to the above, the election authority shall
21 provide printed slips, or an electronic version thereof for
22 voters voting by mail pursuant to Section 19-2.6, giving full
23 instructions regarding the manner of marking and returning the
24 ballot in order that the same may be counted, and shall furnish
25 one of such printed slips or the electronic version thereof
26 for voters voting by mail pursuant to Section 19-2.6 to each of

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1 such applicants at the same time the ballot is delivered to
2 him. Such instructions shall include the following statement:
3 "In signing the certification on the vote by mail ballot
4 envelope, you are attesting that you personally marked this
5 vote by mail ballot in secret. If you are physically unable to
6 mark the ballot, a friend or relative may assist you after
7 completing the enclosed affidavit. Federal and State laws
8 prohibit a candidate whose name appears on the ballot (unless
9 you are the spouse or a parent, child, brother, or sister of
10 the candidate), your employer, your employer's agent or an
11 officer or agent of your union from assisting voters with
12 physical disabilities."
13 In addition to the above, if a ballot to be provided to an
14 elector pursuant to this Section contains a public question
15 described in subsection (b) of Section 28-6 and the territory
16 concerning which the question is to be submitted is not
17 described on the ballot due to the space limitations of such
18 ballot, the election authority shall provide a printed copy of
19 a notice of the public question, which shall include a
20 description of the territory in the manner required by Section
21 16-7. The notice shall be furnished to the elector at the same
22 time the ballot is delivered to the elector.
23 Election authorities transmitting ballots by electronic
24 transmission pursuant to Section 19-2.6 shall, to the greatest
25 extent possible, provide those applicants with the same
26 instructions, certifications, and other balloting materials

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1 required when sending ballots by mail.
2 (Source: P.A. 102-819, eff. 5-13-22.)
3 (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
4 Sec. 19-8. Time and place of counting ballots.
5 (a) (Blank.)
6 (b) Each vote by mail voter's ballot returned to an
7 election authority, by any means authorized by this Article,
8 and received by that election authority before the closing of
9 the polls on election day shall be endorsed by the receiving
10 election authority with the day and hour of receipt and may be
11 processed by the election authority beginning on the day it is
12 received by the election authority in the central ballot
13 counting location of the election authority, but the results
14 of the processing may not be counted until the day of the
15 election after 7:00 p.m., except as provided in subsections
16 (g) and (g-5).
17 (c) Each vote by mail voter's ballot that is mailed to an
18 election authority and postmarked no later than election day,
19 but that is received by the election authority after the polls
20 close on election day and before the close of the period for
21 counting provisional ballots cast at that election, shall be
22 endorsed by the receiving authority with the day and hour of
23 receipt and shall be counted at the central ballot counting
24 location of the election authority during the period for
25 counting provisional ballots.

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1 Each vote by mail voter's ballot that is mailed to an
2 election authority absent a postmark or a barcode usable with
3 an intelligent mail barcode tracking system, but that is
4 received by the election authority after the polls close on
5 election day and before the close of the period for counting
6 provisional ballots cast at that election, shall be endorsed
7 by the receiving authority with the day and hour of receipt,
8 opened to inspect the date inserted on the certification, and,
9 if the certification date is election day or earlier and the
10 ballot is otherwise found to be valid under the requirements
11 of this Section, counted at the central ballot counting
12 location of the election authority during the period for
13 counting provisional ballots. Absent a date on the
14 certification, the ballot shall not be counted.
15 If an election authority is using an intelligent mail
16 barcode tracking system, a ballot that is mailed to an
17 election authority absent a postmark may be counted if the
18 intelligent mail barcode tracking system verifies the envelope
19 was mailed no later than election day.
20 (d) Special write-in vote by mail voter's blank ballots
21 returned to an election authority, by any means authorized by
22 this Article, and received by the election authority at any
23 time before the closing of the polls on election day shall be
24 endorsed by the receiving election authority with the day and
25 hour of receipt and shall be counted at the central ballot
26 counting location of the election authority during the same

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1 period provided for counting vote by mail voters' ballots
2 under subsections (b), (g), and (g-5). Special write-in vote
3 by mail voter's blank ballots that are mailed to an election
4 authority and postmarked no later than election day, but that
5 are received by the election authority after the polls close
6 on election day and before the closing of the period for
7 counting provisional ballots cast at that election, shall be
8 endorsed by the receiving authority with the day and hour of
9 receipt and shall be counted at the central ballot counting
10 location of the election authority during the same periods
11 provided for counting vote by mail voters' ballots under
12 subsection (c).
13 (e) Except as otherwise provided in this Section, vote by
14 mail voters' ballots and special write-in vote by mail voter's
15 blank ballots received by the election authority after the
16 closing of the polls on an election day shall be endorsed by
17 the election authority receiving them with the day and hour of
18 receipt and shall be safely kept unopened by the election
19 authority for the period of time required for the preservation
20 of ballots used at the election, and shall then, without being
21 opened, be destroyed in like manner as the used ballots of that
22 election.
23 (f) Counting required under this Section to begin on
24 election day after the closing of the polls shall commence no
25 later than 8:00 p.m. and shall be conducted by a panel or
26 panels of election judges appointed in the manner provided by

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1 law. The counting shall continue until all vote by mail
2 voters' ballots and special write-in vote by mail voter's
3 blank ballots required to be counted on election day have been
4 counted.
5 (g) The procedures set forth in Articles 17 and 18 and,
6 with respect to primaries, in Section 19-4.5 of this Code
7 shall apply to all ballots counted under this Section. In
8 addition, within 2 days after a vote by mail ballot is
9 received, but in all cases before the close of the period for
10 counting provisional ballots, the election judge or official
11 shall compare the voter's signature on the certification
12 envelope of that vote by mail ballot with the signature of the
13 voter on file in the office of the election authority. If the
14 election judge or official determines that the 2 signatures
15 match, and that the vote by mail voter is otherwise qualified
16 to cast a vote by mail ballot, the election authority shall
17 cast and count the ballot on election day or the day the ballot
18 is determined to be valid, whichever is later, adding the
19 results to the precinct in which the voter is registered. If
20 the election judge or official determines that the signatures
21 do not match, or that the vote by mail voter is not qualified
22 to cast a vote by mail ballot, then without opening the
23 certification envelope, the judge or official shall mark
24 across the face of the certification envelope the word
25 "Rejected" and shall not cast or count the ballot.
26 In addition to the voter's signatures not matching, a vote

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1 by mail ballot may be rejected by the election judge or
2 official:
3 (1) if the ballot envelope is open or has been opened
4 and resealed;
5 (2) if the voter has already cast an early or grace
6 period ballot;
7 (3) if the voter voted in person on election day or the
8 voter is not a duly registered voter in the precinct; or
9 (4) on any other basis set forth in this Code.
10 If the election judge or official determines that any of
11 these reasons apply, the judge or official shall mark across
12 the face of the certification envelope the word "Rejected" and
13 shall not cast or count the ballot.
14 (g-5) If a vote by mail ballot is rejected by the election
15 judge or official for any reason, the election authority
16 shall, within 2 days after the rejection but in all cases
17 before the close of the period for counting provisional
18 ballots, notify the vote by mail voter that his or her ballot
19 was rejected. The notice shall inform the voter of the reason
20 or reasons the ballot was rejected and shall state that the
21 voter may appear before the election authority, on or before
22 the 14th day after the election, to show cause as to why the
23 ballot should not be rejected. The voter may present evidence
24 to the election authority supporting his or her contention
25 that the ballot should be counted. The election authority
26 shall appoint a panel of 3 election judges to review the

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1 contested ballot, application, and certification envelope, as
2 well as any evidence submitted by the vote by mail voter. No
3 more than 2 election judges on the reviewing panel shall be of
4 the same political party. The reviewing panel of election
5 judges shall make a final determination as to the validity of
6 the contested vote by mail ballot. The judges' determination
7 shall not be reviewable either administratively or judicially.
8 A vote by mail ballot subject to this subsection that is
9 determined to be valid shall be counted before the close of the
10 period for counting provisional ballots.
11 (g-10) All vote by mail ballots determined to be valid
12 shall be added to the vote totals for the precincts for which
13 they were cast in the order in which the ballots were opened.
14 (h) Each political party, candidate, and qualified civic
15 organization shall be entitled to have present one pollwatcher
16 for each panel of election judges therein assigned.
17 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
18 (10 ILCS 5/19-12.1) (from Ch. 46, par. 19-12.1)
19 Sec. 19-12.1. Any qualified elector who has secured an
20 Illinois Person with a Disability Identification Card in
21 accordance with the Illinois Identification Card Act,
22 indicating that the person named thereon has a Class 1A or
23 Class 2 disability or any qualified voter who has a permanent
24 physical incapacity of such a nature as to make it improbable
25 that he will be able to be present at the polls at any future

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1 election, or any voter who is a resident of (i) a federally
2 operated veterans' home, hospital, or facility located in
3 Illinois or (ii) a facility licensed or certified pursuant to
4 the Nursing Home Care Act, the Specialized Mental Health
5 Rehabilitation Act of 2013, the ID/DD Community Care Act, or
6 the MC/DD Act and has a condition or disability of such a
7 nature as to make it improbable that he will be able to be
8 present at the polls at any future election, may secure a
9 voter's identification card for persons with disabilities or a
10 nursing home resident's identification card, which will enable
11 him to vote under this Article as a physically incapacitated
12 or nursing home voter. For the purposes of this Section,
13 "federally operated veterans' home, hospital, or facility"
14 means the long-term care facilities at the Jesse Brown VA
15 Medical Center, Illiana Health Care System, Edward Hines, Jr.
16 VA Hospital, Marion VA Medical Center, and Captain James A.
17 Lovell Federal Health Care Center.
18 Application for a voter's identification card for persons
19 with disabilities or a nursing home resident's identification
20 card shall be made either: (a) in writing, with voter's sworn
21 affidavit, to the county clerk or board of election
22 commissioners, as the case may be, and shall be accompanied by
23 the affidavit of the attending physician, advanced practice
24 registered nurse, or a physician assistant specifically
25 describing the nature of the physical incapacity or the fact
26 that the voter is a nursing home resident and is physically

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1 unable to be present at the polls on election days; or (b) by
2 presenting, in writing or otherwise, to the county clerk or
3 board of election commissioners, as the case may be, proof
4 that the applicant has secured an Illinois Person with a
5 Disability Identification Card indicating that the person
6 named thereon has a Class 1A or Class 2 disability. Upon the
7 receipt of either the sworn-to application and the
8 physician's, advanced practice registered nurse's, or a
9 physician assistant's affidavit or proof that the applicant
10 has secured an Illinois Person with a Disability
11 Identification Card indicating that the person named thereon
12 has a Class 1A or Class 2 disability, the county clerk or board
13 of election commissioners shall issue a voter's identification
14 card for persons with disabilities or a nursing home
15 resident's identification card. Such identification cards
16 shall be issued for a period of 5 years, upon the expiration of
17 which time the voter may secure a new card by making
18 application in the same manner as is prescribed for the
19 issuance of an original card, accompanied by a new affidavit
20 of the attending physician, advanced practice registered
21 nurse, or a physician assistant. The date of expiration of
22 such five-year period shall be made known to any interested
23 person by the election authority upon the request of such
24 person. Applications for the renewal of the identification
25 cards shall be mailed to the voters holding such cards not less
26 than 3 months prior to the date of expiration of the cards.

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1 Each voter's identification card for persons with
2 disabilities or nursing home resident's identification card
3 shall bear an identification number, which shall be clearly
4 noted on the voter's original and duplicate registration
5 record cards. In the event the holder becomes physically
6 capable of resuming normal voting, he must surrender his
7 voter's identification card for persons with disabilities or
8 nursing home resident's identification card to the county
9 clerk or board of election commissioners before the next
10 election.
11 The holder of a voter's identification card for persons
12 with disabilities or a nursing home resident's identification
13 card may make application by mail for an official ballot
14 within the time prescribed by Section 19-2. Such application
15 shall contain the same information as is included in the form
16 of application for ballot by a physically incapacitated
17 elector prescribed in Section 19-3 except that it shall also
18 include the applicant's voter's identification card for
19 persons with disabilities card number and except that it need
20 not be sworn to. If an examination of the records discloses
21 that the applicant is lawfully entitled to vote, he shall be
22 mailed a ballot as provided in Section 19-4 and, if
23 applicable, in Section 19-4.5. The ballot envelope shall be
24 the same as that prescribed in Section 19-5 for voters with
25 physical disabilities, and the manner of voting and returning
26 the ballot shall be the same as that provided in this Article

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1 for other vote by mail ballots, except that a statement to be
2 subscribed to by the voter but which need not be sworn to shall
3 be placed on the ballot envelope in lieu of the affidavit
4 prescribed by Section 19-5.
5 Any person who knowingly subscribes to a false statement
6 in connection with voting under this Section shall be guilty
7 of a Class A misdemeanor.
8 For the purposes of this Section, "nursing home resident"
9 includes a resident of (i) a federally operated veterans'
10 home, hospital, or facility located in Illinois or (ii) a
11 facility licensed under the ID/DD Community Care Act, the
12 MC/DD Act, or the Specialized Mental Health Rehabilitation Act
13 of 2013. For the purposes of this Section, "federally operated
14 veterans' home, hospital, or facility" means the long-term
15 care facilities at the Jesse Brown VA Medical Center, Illiana
16 Health Care System, Edward Hines, Jr. VA Hospital, Marion VA
17 Medical Center, and Captain James A. Lovell Federal Health
18 Care Center.
19 (Source: P.A. 99-143, eff. 7-27-15; 99-180, eff. 7-29-15;
20 99-581, eff. 1-1-17; 99-642, eff. 6-28-16; 100-513, eff.
21 1-1-18.)
22 (10 ILCS 5/20-3) (from Ch. 46, par. 20-3)
23 Sec. 20-3. The election authority shall furnish the
24 following applications for registration by mail or vote by
25 mail ballot which shall be considered a method of application

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1 in lieu of the official postcard.
2 1. Members of the United States Service and citizens of
3 the United States temporarily residing outside the territorial
4 limits of the United States may make application within the
5 periods prescribed in Sections 20-2 or 20-2.1, as the case may
6 be. Such application shall be substantially in the following
7 form:
8 "APPLICATION FOR BALLOT
9 To be voted at the ............ election in the precinct
10 in which is located my residence at ..............., in the
11 city/village/township of ............(insert home address)
12 County of ........... and State of Illinois.
13 I state that I am a citizen of the United States; that on
14 (insert date of election) I shall have resided in the State of
15 Illinois and in the election precinct for 30 days; that on the
16 above date I shall be the age of 18 years or above; that I am
17 lawfully entitled to vote in such precinct at that election;
18 that I am (check category 1, 2, or 3 below):
19 1. ( ) a member of the United States Service,
20 2. ( ) a citizen of the United States temporarily
21 residing outside the territorial limits of the United States
22 and that I expect to be absent from the said county of my
23 residence on the date of holding such election, and that I will
24 have no opportunity to vote in person on that day.
25 I hereby make application for an official ballot or
26 ballots to be voted by me at such election if I am absent from

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1 the said county of my residence, and I agree that I shall
2 return said ballot or ballots to the election authority
3 postmarked no later than election day, for counting no later
4 than during the period for counting provisional ballots, the
5 last day of which is the 14th day following election day or
6 shall destroy said ballot or ballots.
7 (Check below only if category 2 and not previously
8 registered)
9 ( ) I hereby make application to become registered as a
10 voter and agree to return the forms and affidavits for
11 registration to the election authority not later than 30 days
12 before the election.
13 Under penalties as provided by law pursuant to Article 29
14 of the Election Code, the undersigned certifies that the
15 statements set forth in this application are true and correct.
16 .........................
17 Post office address or service address to which
18 registration materials or ballot should be mailed
19 .........................
20 .........................
21 .........................
22 ........................"
23 If application is made for a primary election ballot, such
24 application shall designate the name of the political party
25 with which the applicant is affiliated.
26 Such applications may be obtained from the election

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

........................"

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1 authority having jurisdiction over the person's precinct of
2 residence.
3 2. A spouse or dependent of a member of the United States
4 Service, said spouse or dependent being a registered voter in
5 the county, may make application on behalf of said person in
6 the office of the election authority within the periods
7 prescribed in Section 20-2 which shall be substantially in the
8 following form:
9 "APPLICATION FOR BALLOT to be voted at the........... election
10 in the precinct in which is located the residence of the person
11 for whom this application is made at.............(insert
12 residence address) in the city/village/township of.........
13 County of.......... and State of Illinois.
14 I certify that the following named person................
15 (insert name of person) is a member of the United States
16 Service.
17 I state that said person is a citizen of the United States;
18 that on (insert date of election) said person shall have
19 resided in the State of Illinois and in the election precinct
20 for which this application is made for 30 days; that on the
21 above date said person shall be the age of 18 years or above;
22 that said person is lawfully entitled to vote in such precinct
23 at that election; that said person is a member of the United
24 States Service, and that in the course of his duties said
25 person expects to be absent from his county of residence on the
26 date of holding such election, and that said person will have

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1 no opportunity to vote in person on that day.
2 I hereby make application for an official ballot or
3 ballots to be voted by said person at such election and said
4 person agrees that he shall return said ballot or ballots to
5 the election authority postmarked no later than election day,
6 for counting no later than during the period for counting
7 provisional ballots, the last day of which is the 14th day
8 following election day, or shall destroy said ballot or
9 ballots.
10 I hereby certify that I am the (mother, father, sister,
11 brother, husband or wife) of the said elector, and that I am a
12 registered voter in the election precinct for which this
13 application is made. (Strike all but one that is applicable.)
14 Under penalties as provided by law pursuant to Article 29
15 of The Election Code, the undersigned certifies that the
16 statements set forth in this application are true and correct.
17 Name of applicant ......................
18 Residence address ........................
19 City/village/township........................
20 Service address to which ballot should be mailed:
21 .........................
22 .........................
23 .........................
24 ........................"
25 If application is made for a primary election ballot, such
26 application shall designate the name of the political party

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Name of applicant ......................

Residence address ........................

City/village/township........................

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

........................"

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1 with which the person for whom application is made is
2 affiliated.
3 Such applications may be obtained from the election
4 authority having jurisdiction over the voting precinct in
5 which the person for whom application is made is entitled to
6 vote.
7 (Source: P.A. 101-270, eff. 1-1-21; 102-292, eff. 1-1-22.)
8 (10 ILCS 5/20-4) (from Ch. 46, par. 20-4)
9 Sec. 20-4. Immediately upon the receipt of the official
10 postcard or an application as provided in Section 20-3 within
11 the times heretofore prescribed, the election authority shall
12 ascertain whether or not such applicant is legally entitled to
13 vote as requested, including verification of the applicant's
14 signature by comparison with the signature on the official
15 registration record card, if any. If the election authority
16 ascertains that the applicant is lawfully entitled to vote, it
17 shall enter the name, street address, ward and precinct number
18 of such applicant on a list to be posted in his or its office
19 in a place accessible to the public. Within one day after
20 posting the name and other information of an applicant for a
21 ballot, the election authority shall transmit that name and
22 posted information to the State Board of Elections, which
23 shall maintain the names and other information in an
24 electronic format on its website, arranged by county and
25 accessible to State and local political committees. As soon as

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1 the official ballot is prepared the election authority shall
2 immediately deliver the same to the applicant in person, by
3 mail, by facsimile transmission, or by electronic transmission
4 as provided in Section 20-4.5, when applicable, and this
5 Article.
6 If any such election authority receives a second or
7 additional application which it believes is from the same
8 person, he or it shall submit it to the chief judge of the
9 circuit court or any judge of that court designated by the
10 chief judge. If the chief judge or his designate determines
11 that the application submitted to him is a second or
12 additional one, he shall so notify the election authority who
13 shall disregard the second or additional application.
14 The election authority shall maintain a list for each
15 election of the voters to whom it has issued vote by mail
16 ballots. The list shall be maintained for each precinct within
17 the jurisdiction of the election authority. Prior to the
18 opening of the polls on election day, the election authority
19 shall deliver to the judges of election in each precinct the
20 list of registered voters in that precinct to whom vote by mail
21 ballots have been issued.
22 Election authorities may transmit by facsimile or other
23 electronic means a ballot simultaneously with transmitting an
24 application for vote by mail ballot; however, no such ballot
25 shall be counted unless an application has been completed by
26 the voter and the election authority ascertains that the

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1 applicant is lawfully entitled to vote as provided in this
2 Section.
3 (Source: P.A. 98-1171, eff. 6-1-15.)
4 (10 ILCS 5/20-4.5 new)
5 Sec. 20-4.5. Primary ballots.
6 (a) Notwithstanding any other provision of law, a person
7 entitled to vote by absentee ballot at a primary shall not be
8 required to declare his or her political party affiliation and
9 shall be provided with a ballot including all candidates,
10 regardless of party affiliation of the candidates, for offices
11 for which the absentee voter is entitled to vote at that
12 primary.
13 (b) With respect to the marking, casting, and counting of
14 primary ballots, absentee voting shall be conducted in
15 accordance with Sections 7-43 and 7-44 as well as the
16 provisions of this Article.
17 (c) When voting absentee at a primary, the voter shall be
18 instructed to discard or otherwise destroy any ballot that the
19 voter does not intend to cast. Such a discarded or destroyed
20 ballot is not the ballot the voter agreed in the absentee
21 ballot application to return to the election authority.
22 (10 ILCS 5/20-5) (from Ch. 46, par. 20-5)
23 Sec. 20-5. The election authority shall fold the ballot or
24 ballots in the manner specified by the statute for folding

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1 ballots prior to their deposit in the ballot box and shall
2 enclose such ballot in an envelope unsealed to be furnished by
3 it, which envelope shall bear upon the face thereof the name,
4 official title and post office address of the election
5 authority, and upon the other side of such envelope there
6 shall be printed a certification in substantially the
7 following form:
8 "CERTIFICATION
9 I state that I am a resident/former resident of the
10 ....... precinct of the city/village/township of ............,
11 (Designation to be made by Election Authority) or of the ....
12 ward in the city of ........... (Designation to be made by
13 Election Authority) residing at ................ in said
14 city/village/township in the county of ........... and State
15 of Illinois; that I am a
16 1. ( ) member of the United States Service
17 2. ( ) citizen of the United States temporarily residing
18 outside the territorial limits of the United States
19 3. ( ) nonresident civilian citizen
20 and desire to cast the enclosed ballot pursuant to Article 20
21 of the Election Code; that I am lawfully entitled to vote in
22 such precinct at the ........... election to be held on
23 ............
24 I further state that I marked the enclosed ballot in
25 secret.
26 Under penalties as provided by law pursuant to Article 29

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1 of the Election Code, the undersigned certifies that the
2 statements set forth in this certification are true and
3 correct.
4 ...............(Name)
5 .....................
6 (Service Address)
7 .....................
8 .....................
9 ....................."
10 If the ballot enclosed is to be voted at a primary
11 election, the certification shall designate the name of the
12 political party with which the voter is affiliated.
13 In addition to the above, the election authority shall
14 provide printed slips giving full instructions regarding the
15 manner of completing the forms and affidavits for registration
16 by mail or the manner of marking and returning the ballot in
17 order that the same may be counted, and shall furnish one of
18 the printed slips to each of the applicants at the same time
19 the registration materials or ballot is delivered to him.
20 In addition to the above, if a ballot to be provided to an
21 elector pursuant to this Section contains a public question
22 described in subsection (b) of Section 28-6 and the territory
23 concerning which the question is to be submitted is not
24 described on the ballot due to the space limitations of such
25 ballot, the election authority shall provide a printed copy of
26 a notice of the public question, which shall include a

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...............(Name)

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

(Service Address)

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

....................."

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1 description of the territory in the manner required by Section
2 16-7. The notice shall be furnished to the elector at the same
3 time the ballot is delivered to the elector.
4 The envelope in which such registration or such ballot is
5 mailed to the voter as well as the envelope in which the
6 registration materials or the ballot is returned by the voter
7 shall have printed across the face thereof two parallel
8 horizontal red bars, each one-quarter inch wide, extending
9 from one side of the envelope to the other side, with an
10 intervening space of one-quarter inch, the top bar to be one
11 and one-quarter inches from the top of the envelope, and with
12 the words "Official Election Balloting Material-VIA AIR MAIL"
13 between the bars. In the upper right corner of such envelope in
14 a box, there shall be printed the words: "U.S. Postage Paid 42
15 USC 1973". All printing on the face of such envelopes shall be
16 in red, including an appropriate inscription or blank in the
17 upper left corner of return address of sender.
18 The envelope in which the ballot is returned to the
19 election authority may be delivered (i) by mail, postage paid,
20 (ii) in person, by the spouse, parent, child, brother, or
21 sister of the voter, or (iii) by a company engaged in the
22 business of making deliveries of property and licensed as a
23 motor carrier of property by the Illinois Commerce Commission
24 under the Illinois Commercial Transportation Law.
25 Election authorities transmitting ballots by facsimile or
26 electronic transmission shall, to the extent possible, provide

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1 those applicants with the same instructions, certification,
2 and other materials required when sending by mail.
3 (Source: P.A. 100-201, eff. 8-18-17.)
4 (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
5 Sec. 20-8. Time and place of counting ballots.
6 (a) (Blank.)
7 (b) Each vote by mail voter's ballot returned to an
8 election authority, by any means authorized by this Article,
9 and received by that election authority may be processed by
10 the election authority beginning on the day it is received by
11 the election authority in the central ballot counting location
12 of the election authority, but the results of the processing
13 may not be counted until the day of the election after 7:00
14 p.m., except as provided in subsections (g) and (g-5).
15 (c) Each vote by mail voter's ballot that is mailed to an
16 election authority and postmarked no later than election day,
17 but that is received by the election authority after the polls
18 close on election day and before the close of the period for
19 counting provisional ballots cast at that election, shall be
20 endorsed by the receiving authority with the day and hour of
21 receipt and shall be counted at the central ballot counting
22 location of the election authority during the period for
23 counting provisional ballots.
24 Each vote by mail voter's ballot that is mailed to an
25 election authority absent a postmark or a barcode usable with

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1 an intelligent mail barcode tracking system, but that is
2 received by the election authority after the polls close on
3 election day and before the close of the period for counting
4 provisional ballots cast at that election, shall be endorsed
5 by the receiving authority with the day and hour of receipt,
6 opened to inspect the date inserted on the certification, and,
7 if the certification date is election day or earlier and the
8 ballot is otherwise found to be valid under the requirements
9 of this Section, counted at the central ballot counting
10 location of the election authority during the period for
11 counting provisional ballots. Absent a date on the
12 certification, the ballot shall not be counted.
13 If an election authority is using an intelligent mail
14 barcode tracking system, a ballot that is mailed to an
15 election authority absent a postmark may be counted if the
16 intelligent mail barcode tracking system verifies the envelope
17 was mailed no later than election day.
18 (d) Special write-in vote by mail voter's blank ballots
19 returned to an election authority, by any means authorized by
20 this Article, and received by the election authority at any
21 time before the closing of the polls on election day shall be
22 endorsed by the receiving election authority with the day and
23 hour of receipt and shall be counted at the central ballot
24 counting location of the election authority during the same
25 period provided for counting vote by mail voters' ballots
26 under subsections (b), (g), and (g-5). Special write-in vote

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1 by mail voter's blank ballot that are mailed to an election
2 authority and postmarked no later than election day, but that
3 are received by the election authority after the polls close
4 on election day and before the closing of the period for
5 counting provisional ballots cast at that election, shall be
6 endorsed by the receiving authority with the day and hour of
7 receipt and shall be counted at the central ballot counting
8 location of the election authority during the same periods
9 provided for counting vote by mail voters' ballots under
10 subsection (c).
11 (e) Except as otherwise provided in this Section, vote by
12 mail voters' ballots and special write-in vote by mail voter's
13 blank ballots received by the election authority after the
14 closing of the polls on the day of election shall be endorsed
15 by the person receiving the ballots with the day and hour of
16 receipt and shall be safely kept unopened by the election
17 authority for the period of time required for the preservation
18 of ballots used at the election, and shall then, without being
19 opened, be destroyed in like manner as the used ballots of that
20 election.
21 (f) Counting required under this Section to begin on
22 election day after the closing of the polls shall commence no
23 later than 8:00 p.m. and shall be conducted by a panel or
24 panels of election judges appointed in the manner provided by
25 law. The counting shall continue until all vote by mail
26 voters' ballots and special write-in vote by mail voter's

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1 blank ballots required to be counted on election day have been
2 counted.
3 (g) The procedures set forth in Articles 17 and 18 and,
4 with respect to primaries, in Section 20-4.5 of this Code
5 shall apply to all ballots counted under this Section. In
6 addition, within 2 days after a ballot subject to this Article
7 is received, but in all cases before the close of the period
8 for counting provisional ballots, the election judge or
9 official shall compare the voter's signature on the
10 certification envelope of that ballot with the signature of
11 the voter on file in the office of the election authority. If
12 the election judge or official determines that the 2
13 signatures match, and that the voter is otherwise qualified to
14 cast a ballot under this Article, the election authority shall
15 cast and count the ballot on election day or the day the ballot
16 is determined to be valid, whichever is later, adding the
17 results to the precinct in which the voter is registered. If
18 the election judge or official determines that the signatures
19 do not match, or that the voter is not qualified to cast a
20 ballot under this Article, then without opening the
21 certification envelope, the judge or official shall mark
22 across the face of the certification envelope the word
23 "Rejected" and shall not cast or count the ballot.
24 In addition to the voter's signatures not matching, a
25 ballot subject to this Article may be rejected by the election
26 judge or official:

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1 (1) if the ballot envelope is open or has been opened
2 and resealed;
3 (2) if the voter has already cast an early or grace
4 period ballot;
5 (3) if the voter voted in person on election day or the
6 voter is not a duly registered voter in the precinct; or
7 (4) on any other basis set forth in this Code.
8 If the election judge or official determines that any of
9 these reasons apply, the judge or official shall mark across
10 the face of the certification envelope the word "Rejected" and
11 shall not cast or count the ballot.
12 (g-5) If a ballot subject to this Article is rejected by
13 the election judge or official for any reason, the election
14 authority shall, within 2 days after the rejection but in all
15 cases before the close of the period for counting provisional
16 ballots, notify the voter that his or her ballot was rejected.
17 The notice shall inform the voter of the reason or reasons the
18 ballot was rejected and shall state that the voter may appear
19 before the election authority, on or before the 14th day after
20 the election, to show cause as to why the ballot should not be
21 rejected. The voter may present evidence to the election
22 authority supporting his or her contention that the ballot
23 should be counted. The election authority shall appoint a
24 panel of 3 election judges to review the contested ballot,
25 application, and certification envelope, as well as any
26 evidence submitted by the vote by mail voter. No more than 2

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1 election judges on the reviewing panel shall be of the same
2 political party. The reviewing panel of election judges shall
3 make a final determination as to the validity of the contested
4 ballot. The judges' determination shall not be reviewable
5 either administratively or judicially.
6 A ballot subject to this subsection that is determined to
7 be valid shall be counted before the close of the period for
8 counting provisional ballots.
9 (g-10) All ballots determined to be valid shall be added
10 to the vote totals for the precincts for which they were cast
11 in the order in which the ballots were opened.
12 (h) Each political party, candidate, and qualified civic
13 organization shall be entitled to have present one pollwatcher
14 for each panel of election judges therein assigned.
15 (Source: P.A. 98-1171, eff. 6-1-15; 99-522, eff. 6-30-16.)
16 (10 ILCS 5/7-2 rep.)
17 (10 ILCS 5/7-3 rep.)
18 (10 ILCS 5/Art. 10 rep.)
19 Section 10. The Election Code is amended by repealing
20 Article 10 and Sections 7-2 and 7-3.

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