Bill Amendment: IL SB2651 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: ELECTIONS-PARTY MANAGING CMTE
Status: 2018-07-20 - Public Act . . . . . . . . . 100-0623 [SB2651 Detail]
Download: Illinois-2017-SB2651-Senate_Amendment_001.html
Bill Title: ELECTIONS-PARTY MANAGING CMTE
Status: 2018-07-20 - Public Act . . . . . . . . . 100-0623 [SB2651 Detail]
Download: Illinois-2017-SB2651-Senate_Amendment_001.html
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| 1 | AMENDMENT TO SENATE BILL 2651
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| 2 | AMENDMENT NO. ______. Amend Senate Bill 2651 on page 1, by | ||||||
| 3 | replacing lines 4 and 5 with the following: | ||||||
| 4 | "The Election Code is amended by changing Sections 1A-8, 7-5, | ||||||
| 5 | 7-7, 7-9, 7-12, 7-59, 13-1, 13-2, 14-1, 17-16.1, 18-9.1, and | ||||||
| 6 | 19-3 and by adding Sections 1-17 and 22-19 as follows:
| ||||||
| 7 | (10 ILCS 5/1-17 new) | ||||||
| 8 | Sec. 1-17. Election authority voting equipment | ||||||
| 9 | information. Every 2 years, each election authority shall | ||||||
| 10 | submit information on the voting equipment used within the | ||||||
| 11 | jurisdiction of the election authority to the State Board of | ||||||
| 12 | Elections. The information must include: | ||||||
| 13 | (1) the age and functionality of each item of voting | ||||||
| 14 | equipment; and | ||||||
| 15 | (2) a formal letter containing a general description of | ||||||
| 16 | the status of the voting equipment, the election | ||||||
| 17 | authority's perceived need for new voting equipment, and | ||||||
| |||||||
| |||||||
| 1 | the costs associated with obtaining new equipment. | ||||||
| 2 | Each election authority must publish the information submitted | ||||||
| 3 | under this Section online.
| ||||||
| 4 |
| ||||||
| 5 | (10 ILCS 5/1A-8) (from Ch. 46, par. 1A-8)
| ||||||
| 6 | Sec. 1A-8. The State Board of Elections shall exercise the | ||||||
| 7 | following
powers and perform the following duties in addition | ||||||
| 8 | to any powers or duties
otherwise provided for by law:
| ||||||
| 9 | (1) Assume all duties and responsibilities of the State | ||||||
| 10 | Electoral Board
and the Secretary of State as heretofore | ||||||
| 11 | provided in this Code Act;
| ||||||
| 12 | (2) Disseminate information to and consult with | ||||||
| 13 | election authorities
concerning the conduct of elections | ||||||
| 14 | and registration in accordance with the
laws of this State | ||||||
| 15 | and the laws of the United States;
| ||||||
| 16 | (3) Furnish to each election authority prior to each | ||||||
| 17 | primary and general
election and any other election it | ||||||
| 18 | deems necessary, a manual of uniform
instructions | ||||||
| 19 | consistent with the provisions of this Code Act which shall | ||||||
| 20 | be used
by election authorities in the preparation of the | ||||||
| 21 | official manual of
instruction to be used by the judges of | ||||||
| 22 | election in any such election. In
preparing such manual, | ||||||
| 23 | the State Board shall consult with representatives
of the | ||||||
| 24 | election authorities throughout the State. The State Board | ||||||
| 25 | may
provide separate portions of the uniform instructions | ||||||
| |||||||
| |||||||
| 1 | applicable to
different election jurisdictions which | ||||||
| 2 | administer elections under different
options provided by | ||||||
| 3 | law. The State Board may by regulation require
particular | ||||||
| 4 | portions of the uniform instructions to be included in any
| ||||||
| 5 | official manual of instructions published by election | ||||||
| 6 | authorities. Any
manual of instructions published by any | ||||||
| 7 | election authority shall be
identical with the manual of | ||||||
| 8 | uniform instructions issued by the Board, but
may be | ||||||
| 9 | adapted by the election authority to accommodate special or | ||||||
| 10 | unusual
local election problems, provided that all manuals | ||||||
| 11 | published by election
authorities must be consistent with | ||||||
| 12 | the provisions of this Code Act in all
respects and must | ||||||
| 13 | receive the approval of the State Board of Elections
prior | ||||||
| 14 | to publication; provided further that if the State Board | ||||||
| 15 | does not
approve or disapprove of a proposed manual within | ||||||
| 16 | 60 days of its
submission, the manual shall be deemed | ||||||
| 17 | approved.
| ||||||
| 18 | (4) Prescribe and require the use of such uniform | ||||||
| 19 | forms, notices, and
other supplies not inconsistent with | ||||||
| 20 | the provisions of this Code Act as it shall
deem advisable | ||||||
| 21 | which shall be used by election authorities in the conduct
| ||||||
| 22 | of elections and registrations;
| ||||||
| 23 | (5) Prepare and certify the form of ballot for any | ||||||
| 24 | proposed amendment to
the Constitution of the State of | ||||||
| 25 | Illinois, or any referendum to be
submitted to the electors | ||||||
| 26 | throughout the State or, when required to do so
by law, to | ||||||
| |||||||
| |||||||
| 1 | the voters of any area or unit of local government of the | ||||||
| 2 | State;
| ||||||
| 3 | (6) Require such statistical reports regarding the | ||||||
| 4 | conduct of elections
and registration from election | ||||||
| 5 | authorities as may be deemed necessary;
| ||||||
| 6 | (7) Review and inspect procedures and records relating | ||||||
| 7 | to conduct of
elections and registration as may be deemed | ||||||
| 8 | necessary, and to report
violations of election laws to the | ||||||
| 9 | appropriate State's Attorney or the Attorney General;
| ||||||
| 10 | (8) Recommend to the General Assembly legislation to | ||||||
| 11 | improve the
administration of elections and registration;
| ||||||
| 12 | (9) Adopt, amend or rescind rules and regulations in | ||||||
| 13 | the performance of
its duties provided that all such rules | ||||||
| 14 | and regulations must be consistent
with the provisions of | ||||||
| 15 | this Article 1A or issued pursuant to authority
otherwise | ||||||
| 16 | provided by law;
| ||||||
| 17 | (10) Determine the validity and sufficiency of | ||||||
| 18 | petitions filed under
Article XIV, Section 3, of the | ||||||
| 19 | Constitution of the State of Illinois of 1970;
| ||||||
| 20 | (11) Maintain in its principal office a research | ||||||
| 21 | library that includes,
but is not limited to, abstracts of | ||||||
| 22 | votes by precinct for general primary
elections and general | ||||||
| 23 | elections, current precinct maps and current precinct
poll | ||||||
| 24 | lists from all election jurisdictions within the State. The | ||||||
| 25 | research
library shall be open to the public during regular | ||||||
| 26 | business hours. Such
abstracts, maps and lists shall be | ||||||
| |||||||
| |||||||
| 1 | preserved as permanent records and shall
be available for | ||||||
| 2 | examination and copying at a reasonable cost;
| ||||||
| 3 | (12) Supervise the administration of the registration | ||||||
| 4 | and election laws
throughout the State;
| ||||||
| 5 | (13) Obtain from the Department of Central Management | ||||||
| 6 | Services,
under Section 405-250 of the Department of | ||||||
| 7 | Central Management
Services Law (20 ILCS 405/405-250),
| ||||||
| 8 | such use
of electronic data processing equipment as may be | ||||||
| 9 | required to perform the
duties of the State Board of | ||||||
| 10 | Elections and to provide election-related
information to | ||||||
| 11 | candidates, public and party officials, interested civic
| ||||||
| 12 | organizations and the general public in a timely and | ||||||
| 13 | efficient manner;
| ||||||
| 14 | (14) To take such action as may be necessary or | ||||||
| 15 | required to give
effect to directions of the national | ||||||
| 16 | committee or State central committee of an established
| ||||||
| 17 | political party under Sections 7-8, 7-11, and 7-14.1 or | ||||||
| 18 | such other
provisions as may be applicable pertaining to | ||||||
| 19 | the selection of delegates
and alternate delegates to an | ||||||
| 20 | established political party's national
nominating | ||||||
| 21 | conventions or, notwithstanding any candidate | ||||||
| 22 | certification
schedule contained within this the Election | ||||||
| 23 | Code, the certification of the
Presidential and Vice
| ||||||
| 24 | Presidential candidate selected by the established | ||||||
| 25 | political party's national nominating
convention;
| ||||||
| 26 | (15) To post all early voting sites separated by | ||||||
| |||||||
| |||||||
| 1 | election authority and hours of operation on its website at | ||||||
| 2 | least 5 business days before the period for early voting | ||||||
| 3 | begins; and | ||||||
| 4 | (16) To post on its website the statewide totals, and | ||||||
| 5 | totals separated by each election authority, for each of | ||||||
| 6 | the counts received pursuant to Section 1-9.2; and . | ||||||
| 7 | (17) To post on its website, in a downloadable format, | ||||||
| 8 | the information received from each election authority | ||||||
| 9 | under Section 1-17. | ||||||
| 10 | The Board may by regulation delegate any of its duties or
| ||||||
| 11 | functions under this Article, except that final determinations | ||||||
| 12 | and orders
under this Article shall be issued only by the | ||||||
| 13 | Board.
| ||||||
| 14 | The requirement for reporting to the General Assembly shall | ||||||
| 15 | be satisfied
by filing copies of the report with the Speaker, | ||||||
| 16 | the Minority Leader, and
the Clerk of the House of | ||||||
| 17 | Representatives, and the President, the Minority
Leader, and | ||||||
| 18 | the Secretary of the Senate, and the Legislative Research
Unit, | ||||||
| 19 | as required by Section 3.1 of the General Assembly Organization | ||||||
| 20 | Act "An Act to revise the law in relation
to the General | ||||||
| 21 | Assembly", approved February 25, 1874, as amended, and
filing | ||||||
| 22 | such additional copies with the State Government Report | ||||||
| 23 | Distribution
Center for the General Assembly as is required | ||||||
| 24 | under paragraph (t) of
Section 7 of the State Library Act.
| ||||||
| 25 | (Source: P.A. 98-1171, eff. 6-1-15; revised 9-21-17.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
| ||||||
| 2 | Sec. 7-5.
(a) Primary elections shall be held on the dates | ||||||
| 3 | prescribed in
Article 2A.
| ||||||
| 4 | (b) Notwithstanding the provisions of any other statute, no | ||||||
| 5 | primary
shall be held for an established political party in any | ||||||
| 6 | township,
municipality, or ward thereof, where the nomination | ||||||
| 7 | of such
party for every office to be voted upon by the electors | ||||||
| 8 | of such
township, municipality, or ward thereof, is | ||||||
| 9 | uncontested. Whenever a
political party's nomination of | ||||||
| 10 | candidates is uncontested as to one or
more, but not all, of | ||||||
| 11 | the offices to be voted upon by the electors of a
township, | ||||||
| 12 | municipality, or ward thereof, then a primary shall
be held for | ||||||
| 13 | that party in such township, municipality, or ward thereof;
| ||||||
| 14 | provided that the primary ballot shall not include those | ||||||
| 15 | offices
within such township, municipality, or ward thereof, | ||||||
| 16 | for which the
nomination is uncontested. For purposes of this | ||||||
| 17 | Article, the nomination of
an established political party of a | ||||||
| 18 | candidate for election to an office shall
be deemed to be | ||||||
| 19 | uncontested where not more than the number of persons to be
| ||||||
| 20 | nominated have timely filed valid nomination papers seeking the | ||||||
| 21 | nomination
of such party for election to such office.
| ||||||
| 22 | (c) Notwithstanding the provisions of any other statute, no | ||||||
| 23 | primary
election shall be held for an established political | ||||||
| 24 | party for any special
primary election called for the purpose | ||||||
| 25 | of filling a vacancy in the office
of representative in the | ||||||
| 26 | United States Congress where the nomination of
such political | ||||||
| |||||||
| |||||||
| 1 | party for said office is uncontested. For the purposes of
this | ||||||
| 2 | Article, the nomination of an established political party of a
| ||||||
| 3 | candidate for election to said office shall be deemed to be | ||||||
| 4 | uncontested
where not more than the number of persons to be | ||||||
| 5 | nominated have timely filed
valid nomination papers seeking the | ||||||
| 6 | nomination of such established party
for election to said | ||||||
| 7 | office. This subsection (c) shall not apply if such
primary | ||||||
| 8 | election is conducted on a regularly scheduled election day.
| ||||||
| 9 | (d) Notwithstanding the provisions of any other law to the | ||||||
| 10 | contrary, in subsection (b) and (c) of this
Section whenever a | ||||||
| 11 | person who has not timely filed valid nomination papers
and who | ||||||
| 12 | intends to become a write-in candidate for a political party's
| ||||||
| 13 | nomination for any office for which the nomination is | ||||||
| 14 | uncontested files a
written statement or notice of that intent | ||||||
| 15 | with the State Board of
Elections or the local election | ||||||
| 16 | official with whom nomination papers for
such office are filed, | ||||||
| 17 | no primary ballot shall be printed. Where no primary is held, a | ||||||
| 18 | person intending to become a write-in candidate at the | ||||||
| 19 | consolidated primary election shall re-file a declaration of | ||||||
| 20 | intent to be a write-in candidate for the consolidated election | ||||||
| 21 | with the appropriate election authority or authorities a | ||||||
| 22 | primary ballot shall be prepared and a primary
shall be held | ||||||
| 23 | for that office. Such statement or notice shall be filed on
or | ||||||
| 24 | before the date established in this Article for certifying | ||||||
| 25 | candidates
for the primary ballot. Such statement or notice | ||||||
| 26 | shall contain (i) the
name and address of the person intending | ||||||
| |||||||
| |||||||
| 1 | to become a write-in candidate,
(ii) a statement that the | ||||||
| 2 | person is a qualified primary elector of the
political party | ||||||
| 3 | from whom the nomination is sought, (iii) a statement that
the | ||||||
| 4 | person intends to become a write-in candidate for the party's
| ||||||
| 5 | nomination, and (iv) the office the person is seeking as a | ||||||
| 6 | write-in
candidate. An election authority shall have no duty to | ||||||
| 7 | conduct a primary
and prepare a primary ballot for any office | ||||||
| 8 | for which the nomination is
uncontested, unless a statement or | ||||||
| 9 | notice meeting the requirements of this
Section is filed in a | ||||||
| 10 | timely manner.
| ||||||
| 11 | (e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
| ||||||
| 12 | (Source: P.A. 86-873.)"; and
| ||||||
| 13 | on page 2, immediately below line 14, by inserting the | ||||||
| 14 | following:
| ||||||
| 15 | "(10 ILCS 5/7-9) (from Ch. 46, par. 7-9)
| ||||||
| 16 | Sec. 7-9. County central committee; county and State | ||||||
| 17 | conventions.
| ||||||
| 18 | (a) On the 27th 29th day next succeeding the primary at | ||||||
| 19 | which
committeemen are elected, the county central committee of | ||||||
| 20 | each political
party shall meet within the county and proceed | ||||||
| 21 | to
organize by electing from its own number a chairman and | ||||||
| 22 | either from its
own number, or otherwise, such other officers | ||||||
| 23 | as such committee may deem
necessary or expedient. Such meeting | ||||||
| 24 | of the county central committee
shall be known as the county | ||||||
| |||||||
| |||||||
| 1 | convention. Such convention shall not be scheduled to conflict | ||||||
| 2 | with a scheduled session of the General Assembly. If the county | ||||||
| 3 | central committee is unable to organize on the 27th day, the | ||||||
| 4 | convention may be recessed. If the convention is recessed, it | ||||||
| 5 | shall be to a date and time certain on or before the 36th day | ||||||
| 6 | next succeeding the primary at which committeemen are elected. | ||||||
| 7 | Notice of the recessed convention, including the recessed date | ||||||
| 8 | and time shall be given to each committeeman.
| ||||||
| 9 | The chairman of each county committee shall within 10 days | ||||||
| 10 | after the
organization, forward to the State Board of | ||||||
| 11 | Elections, the names and
post office addresses of the officers, | ||||||
| 12 | precinct committeemen and
representative committeemen elected | ||||||
| 13 | by his political party.
| ||||||
| 14 | The county convention of each political party shall choose | ||||||
| 15 | delegates
to the State convention of its party, if the party | ||||||
| 16 | chooses to hold a State convention; but in any county having | ||||||
| 17 | within
its limits any city having a population of 200,000, or | ||||||
| 18 | over the
delegates from such city shall be chosen by wards, the | ||||||
| 19 | ward committeemen
from the respective wards choosing the number | ||||||
| 20 | of delegates to which such
ward is entitled on the basis | ||||||
| 21 | prescribed in paragraph (e) of this
Section such delegates to | ||||||
| 22 | be members of the delegation to the State
convention from such | ||||||
| 23 | county. In all counties containing a population of
2,000,000 or | ||||||
| 24 | more outside of cities having a population of 200,000 or
more, | ||||||
| 25 | the delegates from each of the townships or parts of townships | ||||||
| 26 | as
the case may be shall be chosen by townships or parts of | ||||||
| |||||||
| |||||||
| 1 | townships as
the case may be, the township committeemen from | ||||||
| 2 | the respective townships
or parts of townships as the case may | ||||||
| 3 | be choosing the number of
delegates to which such townships or | ||||||
| 4 | parts of townships as the case may
be are entitled, on the | ||||||
| 5 | basis prescribed in paragraph (e) of this
Section such | ||||||
| 6 | delegates to be members of the delegation to the State
| ||||||
| 7 | convention from such county.
| ||||||
| 8 | Each member of the State Central Committee of a political | ||||||
| 9 | party which
elects its members by Alternative B under paragraph | ||||||
| 10 | (a) of Section 7-8
shall be a delegate to the State Convention, | ||||||
| 11 | if the party chooses to hold a State convention, ex officio.
| ||||||
| 12 | Each member of the State Central Committee of a political | ||||||
| 13 | party which
elects its members by Alternative B under paragraph | ||||||
| 14 | (a) of Section 7-8 may
appoint 2 delegates to the State | ||||||
| 15 | Convention, if the party chooses to hold a State convention, | ||||||
| 16 | who must be residents of the
member's Congressional District.
| ||||||
| 17 | (b) State conventions may be held within 180 days after the
| ||||||
| 18 | general primary in the year 2000 and every 4 years thereafter. | ||||||
| 19 | In the year 1998, and every 4 years thereafter,
the chairman of | ||||||
| 20 | a State central committee may issue a call for a State
| ||||||
| 21 | convention within 180 days after the general primary.
| ||||||
| 22 | The State
convention of each political party, if the party | ||||||
| 23 | chooses to hold a State convention, has power to make
| ||||||
| 24 | nominations of candidates of its political party for the | ||||||
| 25 | electors of
President and Vice President of the United States, | ||||||
| 26 | and to adopt any party
platform, and, to the
extent determined | ||||||
| |||||||
| |||||||
| 1 | by the State central committee as provided in Section
7-14, to | ||||||
| 2 | choose and select delegates and alternate delegates at large to
| ||||||
| 3 | national nominating conventions. The State Central Committee | ||||||
| 4 | may adopt
rules to provide for and govern the procedures of the | ||||||
| 5 | State convention.
| ||||||
| 6 | (c) The chairman and secretary of each State convention, if | ||||||
| 7 | the party chooses to hold a State convention, shall,
within 2 | ||||||
| 8 | days thereafter, transmit to the State Board of Elections of
| ||||||
| 9 | this State a certificate setting forth the names and addresses | ||||||
| 10 | of all
persons nominated by such State convention for electors | ||||||
| 11 | of President and
Vice President of the United States, and of | ||||||
| 12 | any persons selected by the State
convention for
delegates and | ||||||
| 13 | alternate delegates at large to national nominating
| ||||||
| 14 | conventions; and the names of such candidates so chosen by such | ||||||
| 15 | State
convention for electors of President and Vice President | ||||||
| 16 | of the United
States, shall be caused by
the State Board of | ||||||
| 17 | Elections to be printed upon the official ballot at
the general | ||||||
| 18 | election, in the manner required by law, and shall be
certified | ||||||
| 19 | to the various county clerks of the proper counties in the
| ||||||
| 20 | manner as provided in Section 7-60 of this Article 7 for the | ||||||
| 21 | certifying
of the names of persons nominated by any party for | ||||||
| 22 | State offices. If and
as long as this Act prescribes that the | ||||||
| 23 | names of such electors be not
printed on the ballot, then the | ||||||
| 24 | names of such electors shall be
certified in such manner as may | ||||||
| 25 | be prescribed by the parts of this Act
applicable thereto.
| ||||||
| 26 | (d) Each convention, if the party chooses to hold a State | ||||||
| |||||||
| |||||||
| 1 | convention, may perform all other functions inherent to such
| ||||||
| 2 | political organization and not inconsistent with this Article.
| ||||||
| 3 | (e) At least 33 days before the date of a State convention, | ||||||
| 4 | if the party chooses to hold a State convention, the chairman | ||||||
| 5 | of the State central committee of each political
party shall | ||||||
| 6 | file in the principal office of the State Board of
Elections a | ||||||
| 7 | call for the State convention. Such call shall state, among
| ||||||
| 8 | other things, the time and place (designating the building or | ||||||
| 9 | hall) for
holding the State convention. Such call shall be | ||||||
| 10 | signed by the chairman
and attested by the secretary of the | ||||||
| 11 | committee. In such convention each
county shall be entitled to | ||||||
| 12 | one delegate for each 500 ballots voted by
the primary electors | ||||||
| 13 | of the party in such county at the primary to be
held next | ||||||
| 14 | after the issuance of such call; and if in such county, less
| ||||||
| 15 | than 500 ballots are so voted or if the number of ballots so | ||||||
| 16 | voted is
not exactly a multiple of 500, there shall be one | ||||||
| 17 | delegate for such
group which is less than 500, or for such | ||||||
| 18 | group representing the number
of votes over the multiple of | ||||||
| 19 | 500, which delegate shall have 1/500 of
one vote for each | ||||||
| 20 | primary vote so represented by him. The call for such
| ||||||
| 21 | convention shall set forth this paragraph (e) of Section 7-9 in | ||||||
| 22 | full and
shall direct that the number of delegates to be chosen | ||||||
| 23 | be calculated in
compliance herewith and that such number of | ||||||
| 24 | delegates be chosen.
| ||||||
| 25 | (f) All precinct, township and ward committeemen when | ||||||
| 26 | elected as
provided in this Section shall serve as though | ||||||
| |||||||
| |||||||
| 1 | elected at large
irrespective of any changes that may be made | ||||||
| 2 | in precinct, township or
ward boundaries and the voting | ||||||
| 3 | strength of each committeeman shall
remain as provided in this | ||||||
| 4 | Section for the entire time for which he is
elected.
| ||||||
| 5 | (g) The officers elected at any convention provided for in | ||||||
| 6 | this
Section shall serve until their successors are elected as | ||||||
| 7 | provided in
this Act.
| ||||||
| 8 | (h) A special meeting of any central committee may be | ||||||
| 9 | called by the
chairman, or by not less than 25% of the members | ||||||
| 10 | of such committee, by
giving 5 days notice to members of such | ||||||
| 11 | committee in writing designating
the time and place at which | ||||||
| 12 | such special meeting is to be held and the
business which it is | ||||||
| 13 | proposed to present at such special meeting.
| ||||||
| 14 | (i) Except as otherwise provided in this Act, whenever a | ||||||
| 15 | vacancy
exists in the office of precinct committeeman because | ||||||
| 16 | no one was elected
to that office or because the precinct | ||||||
| 17 | committeeman ceases to reside in
the precinct or for any other | ||||||
| 18 | reason, the chairman of the county
central committee of the | ||||||
| 19 | appropriate political party may fill the
vacancy in such office | ||||||
| 20 | by appointment of a qualified resident of the
county and the | ||||||
| 21 | appointed precinct committeeman shall serve as though
elected; | ||||||
| 22 | however, no such appointment may be made between the general
| ||||||
| 23 | primary election and the 30th day after the general primary | ||||||
| 24 | election.
| ||||||
| 25 | (j) If the number of Congressional Districts in the State | ||||||
| 26 | of Illinois
is reduced as a result of reapportionment of | ||||||
| |||||||
| |||||||
| 1 | Congressional Districts
following a federal decennial census, | ||||||
| 2 | the State Central Committeemen and
Committeewomen of a | ||||||
| 3 | political
party which elects its State Central
Committee by | ||||||
| 4 | either Alternative A or by Alternative B under paragraph (a)
of | ||||||
| 5 | Section 7-8 who were
previously elected shall continue to serve | ||||||
| 6 | as if no reapportionment had
occurred until the expiration of | ||||||
| 7 | their terms.
| ||||||
| 8 | (Source: P.A. 99-522, eff. 6-30-16.)
| ||||||
| 9 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| ||||||
| 10 | Sec. 7-12. All petitions for nomination shall be filed by | ||||||
| 11 | mail or
in person as follows: | ||||||
| 12 | (1) Where the nomination is to be made for a State, | ||||||
| 13 | congressional, or
judicial office, or for any office a | ||||||
| 14 | nomination for which is made for a
territorial division or | ||||||
| 15 | district which comprises more than one county or
is partly | ||||||
| 16 | in one county and partly in another county or counties, | ||||||
| 17 | then,
except as otherwise provided in this Section, such | ||||||
| 18 | petition for nomination
shall be filed in the principal | ||||||
| 19 | office of the State Board of Elections not
more than 113 | ||||||
| 20 | and not less than 106 days prior to the date of the | ||||||
| 21 | primary,
but, in the case of petitions for nomination to | ||||||
| 22 | fill a vacancy by special
election in the office of | ||||||
| 23 | representative in Congress from this State, such
petition | ||||||
| 24 | for nomination shall be filed in the principal office of | ||||||
| 25 | the State
Board of Elections not more than 85 days and not | ||||||
| |||||||
| |||||||
| 1 | less than 82 days prior to
the date of the primary.
| ||||||
| 2 | Where a vacancy occurs in the office of Supreme, | ||||||
| 3 | Appellate or Circuit
Court Judge within the 3-week period | ||||||
| 4 | preceding the 106th day before a
general primary election, | ||||||
| 5 | petitions for nomination for the office in which
the | ||||||
| 6 | vacancy has occurred shall be filed in the principal office | ||||||
| 7 | of the
State Board of Elections not more than 92 nor less | ||||||
| 8 | than 85 days prior to
the date of the general primary | ||||||
| 9 | election.
| ||||||
| 10 | Where the nomination is to be made for delegates or | ||||||
| 11 | alternate
delegates to a national nominating convention, | ||||||
| 12 | then such petition for
nomination shall be filed in the | ||||||
| 13 | principal office of the State Board of
Elections not more | ||||||
| 14 | than 113 and not less than 106 days prior to the date of
| ||||||
| 15 | the primary; provided, however, that if the rules or | ||||||
| 16 | policies of a national
political party conflict with such | ||||||
| 17 | requirements for filing petitions for
nomination for | ||||||
| 18 | delegates or alternate delegates to a national nominating
| ||||||
| 19 | convention, the chairman of the State central committee of | ||||||
| 20 | such national
political party shall notify the Board in | ||||||
| 21 | writing, citing by reference the
rules or policies of the | ||||||
| 22 | national political party in conflict, and in such
case the | ||||||
| 23 | Board shall direct such petitions to be filed in accordance | ||||||
| 24 | with the delegate selection plan adopted by the state | ||||||
| 25 | central committee of such national political party.
| ||||||
| 26 | (2) Where the nomination is to be made for a county | ||||||
| |||||||
| |||||||
| 1 | office or trustee
of a sanitary district then such petition | ||||||
| 2 | shall be filed in the office
of the county clerk not more | ||||||
| 3 | than 113 nor less than 106 days prior to the
date of the | ||||||
| 4 | primary.
| ||||||
| 5 | (3) Where the nomination is to be made for a municipal | ||||||
| 6 | or township
office, such petitions for nomination shall be | ||||||
| 7 | filed in the office of
the local election official, not | ||||||
| 8 | more than 99 nor less than 92 days
prior to the date of the | ||||||
| 9 | primary; provided, where a municipality's or
township's | ||||||
| 10 | boundaries are coextensive with or are entirely within the
| ||||||
| 11 | jurisdiction of a municipal board of election | ||||||
| 12 | commissioners, the petitions
shall be filed in the office | ||||||
| 13 | of such board; and provided, that petitions
for the office | ||||||
| 14 | of multi-township assessor shall be filed with the election
| ||||||
| 15 | authority.
| ||||||
| 16 | (4) The petitions of candidates for State central | ||||||
| 17 | committeeman shall
be filed in the principal office of the | ||||||
| 18 | State Board of Elections not
more than 113 nor less than | ||||||
| 19 | 106 days prior to the date of the primary.
| ||||||
| 20 | (5) Petitions of candidates for precinct, township or | ||||||
| 21 | ward
committeemen shall be filed in the office of the | ||||||
| 22 | county clerk not more
than 113 nor less than 106 days prior | ||||||
| 23 | to the date of the primary.
| ||||||
| 24 | (6) The State Board of Elections and the various | ||||||
| 25 | election authorities
and local election officials with | ||||||
| 26 | whom such petitions for nominations
are filed shall specify | ||||||
| |||||||
| |||||||
| 1 | the place where filings shall be made and upon
receipt | ||||||
| 2 | shall endorse thereon the day and hour on which each | ||||||
| 3 | petition
was filed. All petitions filed by persons waiting | ||||||
| 4 | in line as of 8:00
a.m. on the first day for filing, or as | ||||||
| 5 | of the normal opening hour of
the office involved on such | ||||||
| 6 | day, shall be deemed filed as of 8:00 a.m.
or the normal | ||||||
| 7 | opening hour, as the case may be. Petitions filed by mail
| ||||||
| 8 | and received after midnight of the first day for filing and | ||||||
| 9 | in the first
mail delivery or pickup of that day shall be | ||||||
| 10 | deemed as filed as of 8:00
a.m. of that day or as of the | ||||||
| 11 | normal opening hour of such day, as the
case may be. All | ||||||
| 12 | petitions received thereafter shall be deemed as filed
in | ||||||
| 13 | the order of actual receipt. However, 2 or more petitions | ||||||
| 14 | filed within the last hour of the filing deadline shall be | ||||||
| 15 | deemed filed simultaneously. Where 2 or more petitions are | ||||||
| 16 | received
simultaneously, the State Board of Elections or | ||||||
| 17 | the various election
authorities or local election | ||||||
| 18 | officials with whom such petitions are
filed shall break | ||||||
| 19 | ties and determine the order of filing, by means of a
| ||||||
| 20 | lottery or other fair and impartial method of random | ||||||
| 21 | selection approved
by the State Board of Elections. Such | ||||||
| 22 | lottery shall be conducted within
9 days following the last | ||||||
| 23 | day for petition filing and shall be open to the
public. | ||||||
| 24 | Seven days written notice of the time and place of | ||||||
| 25 | conducting such
random selection shall be given by the | ||||||
| 26 | State Board of Elections to the
chairman of the State | ||||||
| |||||||
| |||||||
| 1 | central committee of each established political
party, and | ||||||
| 2 | by each election authority or local election official, to | ||||||
| 3 | the
County Chairman of each established political party, | ||||||
| 4 | and to each
organization of citizens within the election | ||||||
| 5 | jurisdiction which was
entitled, under this Article, at the | ||||||
| 6 | next preceding election, to have
pollwatchers present on | ||||||
| 7 | the day of election. The State Board of Elections,
election | ||||||
| 8 | authority or local election official shall post in a | ||||||
| 9 | conspicuous,
open and public place, at the entrance of the | ||||||
| 10 | office, notice of the time
and place of such lottery. The | ||||||
| 11 | State Board of Elections shall adopt rules
and regulations | ||||||
| 12 | governing the procedures for the conduct of such lottery.
| ||||||
| 13 | All candidates shall be certified in the order in which | ||||||
| 14 | their petitions
have been filed. Where candidates have | ||||||
| 15 | filed simultaneously, they shall be
certified in the order | ||||||
| 16 | determined by lot and prior to candidates who filed
for the | ||||||
| 17 | same office at a later time.
| ||||||
| 18 | (7) The State Board of Elections or the appropriate | ||||||
| 19 | election
authority or local election official with whom | ||||||
| 20 | such a petition for
nomination is filed shall notify the | ||||||
| 21 | person for whom a petition for
nomination has been filed of | ||||||
| 22 | the obligation to file statements of
organization, reports | ||||||
| 23 | of campaign contributions, and annual reports of
campaign | ||||||
| 24 | contributions and expenditures under Article 9 of this Act.
| ||||||
| 25 | Such notice shall be given in the manner prescribed by | ||||||
| 26 | paragraph (7) of
Section 9-16 of this Code.
| ||||||
| |||||||
| |||||||
| 1 | (8) Nomination papers filed under this Section are not | ||||||
| 2 | valid if the
candidate named therein fails to file a | ||||||
| 3 | statement of economic interests
as required by the Illinois | ||||||
| 4 | Governmental Ethics Act in relation to his
candidacy with | ||||||
| 5 | the appropriate officer by the end of the period for the
| ||||||
| 6 | filing of nomination papers unless he has filed a statement | ||||||
| 7 | of economic
interests in relation to the same governmental | ||||||
| 8 | unit with that officer
within a year preceding the date on | ||||||
| 9 | which such nomination papers were
filed. If the nomination | ||||||
| 10 | papers of any candidate and the statement of
economic | ||||||
| 11 | interest of that candidate are not required to be filed | ||||||
| 12 | with
the same officer, the candidate must file with the | ||||||
| 13 | officer with whom the
nomination papers are filed a receipt | ||||||
| 14 | from the officer with whom the
statement of economic | ||||||
| 15 | interests is filed showing the date on which such
statement | ||||||
| 16 | was filed. Such receipt shall be so filed not later than | ||||||
| 17 | the
last day on which nomination papers may be filed.
| ||||||
| 18 | (9) Any person for whom a petition for nomination, or | ||||||
| 19 | for committeeman or
for delegate or alternate delegate to a | ||||||
| 20 | national nominating convention has
been filed may cause his | ||||||
| 21 | name to be withdrawn by request in writing, signed
by him | ||||||
| 22 | and duly acknowledged before an officer qualified to take
| ||||||
| 23 | acknowledgments of deeds, and filed in the principal or | ||||||
| 24 | permanent branch
office of the State Board of Elections or | ||||||
| 25 | with the appropriate election
authority or local election | ||||||
| 26 | official, not later than the date of
certification of | ||||||
| |||||||
| |||||||
| 1 | candidates for the consolidated primary or general primary
| ||||||
| 2 | ballot. No names so withdrawn shall be certified or printed | ||||||
| 3 | on the
primary ballot. If petitions for nomination have | ||||||
| 4 | been filed for the
same person with respect to more than | ||||||
| 5 | one political party, his name
shall not be certified nor | ||||||
| 6 | printed on the primary ballot of any party.
If petitions | ||||||
| 7 | for nomination have been filed for the same person for 2 or
| ||||||
| 8 | more offices which are incompatible so that the same person | ||||||
| 9 | could not
serve in more than one of such offices if | ||||||
| 10 | elected, that person must
withdraw as a candidate for all | ||||||
| 11 | but one of such offices within the
5 business days | ||||||
| 12 | following the last day for petition filing. A candidate in | ||||||
| 13 | a judicial election may file petitions for nomination for | ||||||
| 14 | only one vacancy in a subcircuit and only one vacancy in a | ||||||
| 15 | circuit in any one filing period, and if petitions for | ||||||
| 16 | nomination have been filed for the same person for 2 or | ||||||
| 17 | more vacancies in the same circuit or subcircuit in the | ||||||
| 18 | same filing period, his or her name shall be certified only | ||||||
| 19 | for the first vacancy for which the petitions for | ||||||
| 20 | nomination were filed. If he fails to
withdraw as a | ||||||
| 21 | candidate for all but one of such offices within such time
| ||||||
| 22 | his name shall not be certified, nor printed on the primary | ||||||
| 23 | ballot, for any
office. For the purpose of the foregoing | ||||||
| 24 | provisions, an office in a
political party is not | ||||||
| 25 | incompatible with any other office.
| ||||||
| 26 | (10)(a) Notwithstanding the provisions of any other | ||||||
| |||||||
| |||||||
| 1 | statute, no primary
shall be held for an established | ||||||
| 2 | political party in any township,
municipality, or ward | ||||||
| 3 | thereof, where the nomination of such
party for every | ||||||
| 4 | office to be voted upon by the electors of such
township, | ||||||
| 5 | municipality, or ward thereof, is uncontested. Whenever a
| ||||||
| 6 | political party's nomination of candidates is uncontested | ||||||
| 7 | as to one or
more, but not all, of the offices to be voted | ||||||
| 8 | upon by the electors of a
township, municipality, or ward | ||||||
| 9 | thereof, then a primary shall
be held for that party in | ||||||
| 10 | such township, municipality, or ward thereof;
provided | ||||||
| 11 | that the primary ballot shall not include those offices
| ||||||
| 12 | within such township, municipality, or ward thereof, for | ||||||
| 13 | which the
nomination is uncontested. For purposes of this | ||||||
| 14 | Article, the nomination
of an established political party | ||||||
| 15 | of a candidate for election to an office
shall be deemed to | ||||||
| 16 | be uncontested where not more than the number of persons
to | ||||||
| 17 | be nominated have timely filed valid nomination papers | ||||||
| 18 | seeking the
nomination of such party for election to such | ||||||
| 19 | office.
| ||||||
| 20 | (b) Notwithstanding the provisions of any other | ||||||
| 21 | statute, no primary
election shall be held for an | ||||||
| 22 | established political party for any special
primary | ||||||
| 23 | election called for the purpose of filling a vacancy in the | ||||||
| 24 | office
of representative in the United States Congress | ||||||
| 25 | where the nomination of
such political party for said | ||||||
| 26 | office is uncontested. For the purposes of
this Article, | ||||||
| |||||||
| |||||||
| 1 | the nomination of an established political party of a
| ||||||
| 2 | candidate for election to said office shall be deemed to be | ||||||
| 3 | uncontested
where not more than the number of persons to be | ||||||
| 4 | nominated have timely filed
valid nomination papers | ||||||
| 5 | seeking the nomination of such established party
for | ||||||
| 6 | election to said office. This subsection (b) shall not | ||||||
| 7 | apply if such
primary election is conducted on a regularly | ||||||
| 8 | scheduled election day.
| ||||||
| 9 | (c) Notwithstanding the provisions of any other law to | ||||||
| 10 | the contrary in subparagraph (a) and (b) of this
paragraph | ||||||
| 11 | (10), whenever a person who has not timely filed valid | ||||||
| 12 | nomination
papers and who intends to become a write-in | ||||||
| 13 | candidate for a political
party's nomination for any office | ||||||
| 14 | for which the nomination is uncontested
files a written | ||||||
| 15 | statement or notice of that intent with the State Board of
| ||||||
| 16 | Elections or the local election official with whom | ||||||
| 17 | nomination papers for
such office are filed, no primary | ||||||
| 18 | ballot shall be printed. Where no primary is held, a person | ||||||
| 19 | intending to become a write-in candidate at the | ||||||
| 20 | consolidated primary election shall re-file a declaration | ||||||
| 21 | of intent to be a write-in candidate for the consolidated | ||||||
| 22 | election with the appropriate election authority or | ||||||
| 23 | authorities a primary ballot shall be prepared and a | ||||||
| 24 | primary
shall be held for that office. Such statement or | ||||||
| 25 | notice shall be filed on
or before the date established in | ||||||
| 26 | this Article for certifying candidates
for the primary | ||||||
| |||||||
| |||||||
| 1 | ballot. Such statement or notice shall contain (i) the
name | ||||||
| 2 | and address of the person intending to become a write-in | ||||||
| 3 | candidate,
(ii) a statement that the person is a qualified | ||||||
| 4 | primary elector of the
political party from whom the | ||||||
| 5 | nomination is sought, (iii) a statement that
the person | ||||||
| 6 | intends to become a write-in candidate for the party's
| ||||||
| 7 | nomination, and (iv) the office the person is seeking as a | ||||||
| 8 | write-in
candidate. An election authority shall have no | ||||||
| 9 | duty to conduct a primary
and prepare a primary ballot for | ||||||
| 10 | any office for which the nomination is
uncontested unless a | ||||||
| 11 | statement or notice meeting the requirements of this
| ||||||
| 12 | Section is filed in a timely manner.
| ||||||
| 13 | (11) If multiple sets of nomination papers are filed | ||||||
| 14 | for a candidate to
the same office, the State Board of | ||||||
| 15 | Elections, appropriate election
authority or local | ||||||
| 16 | election official where the petitions are filed shall
| ||||||
| 17 | within 2 business days notify the candidate of his or her | ||||||
| 18 | multiple petition
filings and that the candidate has 3 | ||||||
| 19 | business days after receipt of the
notice to notify the | ||||||
| 20 | State Board of Elections, appropriate election
authority | ||||||
| 21 | or local election official that he or she may cancel prior | ||||||
| 22 | sets
of petitions. If the candidate notifies the State | ||||||
| 23 | Board of Elections,
appropriate election authority or | ||||||
| 24 | local election official, the last set of
petitions filed | ||||||
| 25 | shall be the only petitions to be considered valid by the
| ||||||
| 26 | State Board of Elections, election authority or local | ||||||
| |||||||
| |||||||
| 1 | election official. If
the candidate fails to notify the | ||||||
| 2 | State Board of Elections, election authority
or local
| ||||||
| 3 | election official then only the first set of petitions | ||||||
| 4 | filed shall be valid
and all subsequent petitions shall be | ||||||
| 5 | void.
| ||||||
| 6 | (12) All nominating petitions shall be available for | ||||||
| 7 | public inspection
and shall be preserved for a period of | ||||||
| 8 | not less than 6 months.
| ||||||
| 9 | (Source: P.A. 99-221, eff. 7-31-15.)
| ||||||
| 10 | (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
| ||||||
| 11 | Sec. 7-59. (a) The person receiving the highest number of | ||||||
| 12 | votes at a
primary as a candidate of a party for the nomination | ||||||
| 13 | for an office shall
be the candidate of that party for such | ||||||
| 14 | office, and his name as such
candidate shall be placed on the | ||||||
| 15 | official ballot at the election then
next ensuing; provided, | ||||||
| 16 | that where there are two or more persons to be
nominated for | ||||||
| 17 | the same office or board, the requisite number of persons
| ||||||
| 18 | receiving the highest number of votes shall be nominated and | ||||||
| 19 | their names
shall be placed on the official ballot at the | ||||||
| 20 | following election.
| ||||||
| 21 | Except as otherwise provided by Section 7-8 of this Act, | ||||||
| 22 | the
person receiving the highest number of votes of his party | ||||||
| 23 | for
State central committeeman of his congressional district | ||||||
| 24 | shall be
declared elected State central committeeman from said | ||||||
| 25 | congressional
district.
| ||||||
| |||||||
| |||||||
| 1 | Unless a national political party specifies that delegates | ||||||
| 2 | and
alternate delegates to a National nominating convention be | ||||||
| 3 | allocated by
proportional selection representation according | ||||||
| 4 | to the results of a
Presidential preference primary, the | ||||||
| 5 | requisite number of persons
receiving the highest number of | ||||||
| 6 | votes of their party for delegates and
alternate delegates to | ||||||
| 7 | National nominating conventions from the State at
large, and | ||||||
| 8 | the requisite number of persons receiving the highest number of
| ||||||
| 9 | votes of their party for delegates and alternate delegates to | ||||||
| 10 | National
nominating conventions in their respective | ||||||
| 11 | congressional districts shall be
declared elected delegates | ||||||
| 12 | and alternate delegates to the National
nominating conventions | ||||||
| 13 | of their party.
| ||||||
| 14 | A political party which elects the members to its State | ||||||
| 15 | Central Committee
by Alternative B under paragraph (a) of | ||||||
| 16 | Section 7-8 shall select its
congressional district delegates | ||||||
| 17 | and alternate delegates to its national
nominating convention | ||||||
| 18 | by proportional selection representation according to
the | ||||||
| 19 | results of a Presidential preference primary in each | ||||||
| 20 | congressional
district in the manner provided by the rules of | ||||||
| 21 | the national political
party and the State Central Committee, | ||||||
| 22 | when the rules and policies of the
national political party so | ||||||
| 23 | require.
| ||||||
| 24 | A political party which elects the members to its State | ||||||
| 25 | Central Committee
by Alternative B under paragraph (a) of | ||||||
| 26 | Section 7-8 shall select its
at large delegates and alternate | ||||||
| |||||||
| |||||||
| 1 | delegates to its national
nominating convention by | ||||||
| 2 | proportional selection representation according to
the results | ||||||
| 3 | of a Presidential preference primary in the whole State in the
| ||||||
| 4 | manner provided by the rules of the national political party | ||||||
| 5 | and the State
Central Committee, when the rules and policies of | ||||||
| 6 | the national political
party so require.
| ||||||
| 7 | The person receiving the highest number of votes of his | ||||||
| 8 | party for
precinct committeeman of his precinct shall be | ||||||
| 9 | declared elected precinct
committeeman from said precinct.
| ||||||
| 10 | The person receiving the highest number of votes of his | ||||||
| 11 | party for
township committeeman of his township or part of a | ||||||
| 12 | township as the case
may be, shall be declared elected township | ||||||
| 13 | committeeman from said
township or part of a township as the | ||||||
| 14 | case may be. In cities where ward
committeemen are elected, the | ||||||
| 15 | person receiving the highest number of
votes of his party for | ||||||
| 16 | ward committeeman of his ward shall be declared
elected ward | ||||||
| 17 | committeeman from said ward.
| ||||||
| 18 | When two or more persons receive an equal and the highest | ||||||
| 19 | number of
votes for the nomination for the same office or for | ||||||
| 20 | committeeman of the
same political party, or where more than | ||||||
| 21 | one person of the same
political party is to be nominated as a | ||||||
| 22 | candidate for office or
committeeman, if it appears that more | ||||||
| 23 | than the number of persons to be
nominated for an office or | ||||||
| 24 | elected committeeman have the highest and an
equal number of | ||||||
| 25 | votes for the nomination for the same office or for
election as | ||||||
| 26 | committeeman, the election authority by which the returns of | ||||||
| |||||||
| |||||||
| 1 | the primary
are canvassed shall decide by lot which of said | ||||||
| 2 | persons shall be
nominated or elected, as the case may be. In | ||||||
| 3 | such case the election authority shall issue notice in writing | ||||||
| 4 | to such persons of such tie vote
stating therein the place, the | ||||||
| 5 | day (which shall not be more than 5 days thereafter) and the | ||||||
| 6 | hour when such nomination or election shall
be so determined.
| ||||||
| 7 | (b) Write-in votes shall be counted only for persons who | ||||||
| 8 | have filed
notarized declarations of intent to be write-in | ||||||
| 9 | candidates with the proper
election authority or authorities no | ||||||
| 10 | more than 106 days before, and not later than 61 days prior to
| ||||||
| 11 | the primary. However, whenever an objection to a candidate's | ||||||
| 12 | nominating papers or petitions for any office is sustained | ||||||
| 13 | under Section 10-10 after the 61st day before the election, | ||||||
| 14 | then write-in votes shall be counted for that candidate if he | ||||||
| 15 | or she has filed a notarized declaration of intent to be a | ||||||
| 16 | write-in candidate for that office with the proper election | ||||||
| 17 | authority or authorities not later than 7 days prior to the | ||||||
| 18 | election.
| ||||||
| 19 | Forms for the declaration of intent to be a write-in | ||||||
| 20 | candidate shall be
supplied by the election authorities. A | ||||||
| 21 | declaration of intent to be a write-in candidate shall include: | ||||||
| 22 | (1) the name and address of the person intending to | ||||||
| 23 | become a write-in candidate; | ||||||
| 24 | (2) the office sought; | ||||||
| 25 | (3) the date of the election; and | ||||||
| 26 | (4) the notarized signature of the candidate or | ||||||
| |||||||
| |||||||
| 1 | candidates. | ||||||
| 2 | A declaration of intent to be a write-in candidate that | ||||||
| 3 | does not include the information required by paragraphs (1) | ||||||
| 4 | through (4) shall not be accepted. | ||||||
| 5 | Persons intending to become write-in candidates for | ||||||
| 6 | the offices of President of the United States and Vice | ||||||
| 7 | President of the United States or Governor and Lieutenant | ||||||
| 8 | Governor shall file one joint declaration of intent to be a | ||||||
| 9 | write-in candidate that identifies the candidate for each | ||||||
| 10 | office. Such declaration shall specify the
office for which | ||||||
| 11 | the person seeks nomination or election as a write-in
| ||||||
| 12 | candidate.
| ||||||
| 13 | The election authority or authorities shall deliver a list | ||||||
| 14 | of all persons
who have filed such declarations to the election | ||||||
| 15 | judges in the appropriate
precincts prior to the primary.
| ||||||
| 16 | (c) (1) Notwithstanding any other provisions of this | ||||||
| 17 | Section, where
the number of candidates whose names have been | ||||||
| 18 | printed on a party's
ballot for nomination for or election to | ||||||
| 19 | an office at a primary is less
than the number of persons the | ||||||
| 20 | party is entitled to nominate for or elect
to the office at the | ||||||
| 21 | primary, a person whose name was not printed on the
party's | ||||||
| 22 | primary ballot as a candidate for nomination for or election to | ||||||
| 23 | the
office, is not nominated for or elected to that office as a | ||||||
| 24 | result of a
write-in vote at the primary unless the number of | ||||||
| 25 | votes he received equals
or exceeds the number of signatures | ||||||
| 26 | required on a petition for nomination
for that office; or | ||||||
| |||||||
| |||||||
| 1 | unless the number of votes he receives exceeds the
number of | ||||||
| 2 | votes received by at least one of the candidates whose names | ||||||
| 3 | were
printed on the primary ballot for nomination for or | ||||||
| 4 | election to the same
office.
| ||||||
| 5 | (2) Paragraph (1) of this subsection does not apply where | ||||||
| 6 | the number
of candidates whose names have been printed on the | ||||||
| 7 | party's ballot for
nomination for or election to the office at | ||||||
| 8 | the primary equals or exceeds
the number of persons the party | ||||||
| 9 | is entitled to nominate for or elect to the
office at the | ||||||
| 10 | primary.
| ||||||
| 11 | (Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
| ||||||
| 12 | (10 ILCS 5/13-1) (from Ch. 46, par. 13-1)
| ||||||
| 13 | Sec. 13-1. In counties not under township organization, the | ||||||
| 14 | county
board of commissioners shall at its meeting in July
in | ||||||
| 15 | each
even-numbered year appoint in each election precinct 5 | ||||||
| 16 | capable and
discreet persons meeting the qualifications of | ||||||
| 17 | Section 13-4 to
be judges of election. Where neither voting | ||||||
| 18 | machines nor electronic,
mechanical or electric voting systems | ||||||
| 19 | are used, the county board may,
for any precinct with respect | ||||||
| 20 | to which the board considers such action
necessary or desirable | ||||||
| 21 | in view of the number of voters, and shall for
general | ||||||
| 22 | elections for any precinct containing more than 600 registered
| ||||||
| 23 | voters, appoint in addition to the 5 judges of election a team | ||||||
| 24 | of 5
tally judges. In such precincts the judges of election | ||||||
| 25 | shall preside
over the election during the hours the polls are | ||||||
| |||||||
| |||||||
| 1 | open, and the tally
judges, with the assistance of the holdover | ||||||
| 2 | judges designated pursuant
to Section 13-6.2, shall count the | ||||||
| 3 | vote after the closing of the polls.
However, the County Board | ||||||
| 4 | of Commissioners may appoint 3 judges of election
to serve in | ||||||
| 5 | lieu of the 5 judges of election otherwise required by this
| ||||||
| 6 | Section (1) to serve in any emergency referendum, or in any | ||||||
| 7 | odd-year regular
election or in any special primary or special | ||||||
| 8 | election called
for the purpose of filling a vacancy in the | ||||||
| 9 | office of representative in
the United States Congress or to | ||||||
| 10 | nominate candidates for such purpose or (2) if the county board | ||||||
| 11 | passes an ordinance to reduce the number of judges of election | ||||||
| 12 | to 3 for primary elections. In addition, an election authority | ||||||
| 13 | may reduce the number of judges of election in each precinct | ||||||
| 14 | from 5 to 3 for any election.
The tally judges shall possess | ||||||
| 15 | the same qualifications and shall be
appointed in the same | ||||||
| 16 | manner and with the same division between
political parties as | ||||||
| 17 | is provided for judges of election.
| ||||||
| 18 | In addition to such precinct judges, the county board of
| ||||||
| 19 | commissioners shall appoint special panels of 3 judges each, | ||||||
| 20 | who shall
possess the same qualifications and shall be | ||||||
| 21 | appointed in the same
manner and with the same division between | ||||||
| 22 | political parties as is
provided for other judges of election. | ||||||
| 23 | The number of such panels of
judges required shall be | ||||||
| 24 | determined by regulations of the State Board of
Elections which | ||||||
| 25 | shall base the required numbers of special panels on the
number | ||||||
| 26 | of registered voters in the jurisdiction or the number of vote | ||||||
| |||||||
| |||||||
| 1 | by mail
ballots voted at recent elections, or any combination | ||||||
| 2 | of such factors.
| ||||||
| 3 | Such appointment shall be confirmed by the court as | ||||||
| 4 | provided in
Section 13-3 of this Article. No more than 3 | ||||||
| 5 | persons of the same
political party shall be appointed judges | ||||||
| 6 | of the same election precinct
or election judge panel. The | ||||||
| 7 | appointment shall be made in the following
manner: The county | ||||||
| 8 | board of commissioners shall select and approve 3
persons as | ||||||
| 9 | judges of election in each election precinct from a certified
| ||||||
| 10 | list, furnished by the chairman of the County Central Committee | ||||||
| 11 | of the
first leading political party in such precinct; and the | ||||||
| 12 | county board of
commissioners shall also select and approve 2 | ||||||
| 13 | persons as judges of
election in each election precinct from a | ||||||
| 14 | certified list, furnished by
the chairman of the County Central | ||||||
| 15 | Committee of the second leading
political party. However, if | ||||||
| 16 | only 3 judges of election serve in each
election precinct, no | ||||||
| 17 | more than 2 persons of the same political party shall
be judges | ||||||
| 18 | of election in the same election precinct; and which political
| ||||||
| 19 | party is entitled to 2 judges of election and which political | ||||||
| 20 | party is
entitled to one judge of election shall be determined | ||||||
| 21 | in the same manner as
set forth in the next two preceding | ||||||
| 22 | sentences with regard to 5 election
judges in each precinct. | ||||||
| 23 | Such certified list shall be filed with the county
clerk not | ||||||
| 24 | less than 10 days before the annual meeting of the county
board | ||||||
| 25 | of commissioners. Such list shall be arranged according to
| ||||||
| 26 | precincts. The chairman of each county central committee shall, | ||||||
| |||||||
| |||||||
| 1 | insofar
as possible, list persons who reside within the | ||||||
| 2 | precinct in which they
are to serve as judges. However, he may, | ||||||
| 3 | in his sole discretion, submit
the names of persons who reside | ||||||
| 4 | outside the precinct but within the
county embracing the | ||||||
| 5 | precinct in which they are to serve. He must,
however, submit | ||||||
| 6 | the names of at least 2 residents of the precinct for
each | ||||||
| 7 | precinct in which his party is to have 3 judges and must submit | ||||||
| 8 | the
name of at least one resident of the precinct for each | ||||||
| 9 | precinct in which
his party is to have 2 judges. The county | ||||||
| 10 | board of commissioners shall
acknowledge in writing to each | ||||||
| 11 | county chairman the names of all persons
submitted on such | ||||||
| 12 | certified list and the total number of persons listed
thereon. | ||||||
| 13 | If no such list is filed or such list is incomplete (that is,
| ||||||
| 14 | no names or an insufficient number of names are furnished for | ||||||
| 15 | certain
election precincts), the county board of commissioners | ||||||
| 16 | shall make or
complete such list from the names contained in | ||||||
| 17 | the supplemental list
provided for in Section 13-1.1. The | ||||||
| 18 | election judges shall hold their
office for 2 years from their | ||||||
| 19 | appointment, and until their successors
are duly appointed in | ||||||
| 20 | the manner provided in this Act. The county board
of | ||||||
| 21 | commissioners shall fill all vacancies in the office of judge | ||||||
| 22 | of
election at any time in the manner provided in this Act.
| ||||||
| 23 | (Source: P.A. 100-337, eff. 8-25-17.)
| ||||||
| 24 | (10 ILCS 5/13-2) (from Ch. 46, par. 13-2)
| ||||||
| 25 | Sec. 13-2. In counties under the township organization the | ||||||
| |||||||
| |||||||
| 1 | county
board shall at its meeting in July in each even-numbered | ||||||
| 2 | year
except in counties containing a population of 3,000,000 | ||||||
| 3 | inhabitants or
over and except when such judges are appointed | ||||||
| 4 | by election
commissioners, select in each election precinct in | ||||||
| 5 | the county, 5 capable
and discreet persons to be judges of | ||||||
| 6 | election who shall
possess the
qualifications required by this | ||||||
| 7 | Act for such judges. Where neither
voting machines nor | ||||||
| 8 | electronic, mechanical or electric voting systems
are used, the | ||||||
| 9 | county board may, for any precinct with respect to which
the | ||||||
| 10 | board considers such action necessary or desirable in view of | ||||||
| 11 | the
number of voters, and shall for general elections for any | ||||||
| 12 | precinct
containing more than 600 registered voters, appoint in | ||||||
| 13 | addition to the 5
judges of election a team of 5 tally judges. | ||||||
| 14 | In such precincts the
judges of election shall preside over the | ||||||
| 15 | election during the hours the
polls are open, and the tally | ||||||
| 16 | judges, with the assistance of the
holdover judges designated | ||||||
| 17 | pursuant to Section 13-6.2, shall count the
vote after the | ||||||
| 18 | closing of the polls. The tally judges shall possess the
same | ||||||
| 19 | qualifications and shall be appointed in the same manner and | ||||||
| 20 | with
the same division between political parties as is provided | ||||||
| 21 | for judges of
election.
| ||||||
| 22 | However, the county board may appoint 3 judges of election | ||||||
| 23 | to serve in
lieu of the 5 judges of election otherwise required | ||||||
| 24 | by this Section (1) to serve
in any emergency referendum, or in | ||||||
| 25 | any odd-year regular election
or in any special primary or | ||||||
| 26 | special election called for the purpose of
filling a vacancy in | ||||||
| |||||||
| |||||||
| 1 | the office of representative in the United States Congress
or | ||||||
| 2 | to nominate candidates for such purpose or (2) if the county | ||||||
| 3 | board passes an ordinance to reduce the number of judges of | ||||||
| 4 | election to 3 for primary elections. In addition, an election | ||||||
| 5 | authority may reduce the number of judges of election in each | ||||||
| 6 | precinct from 5 to 3 for any election.
| ||||||
| 7 | In addition to such precinct judges, the county board shall | ||||||
| 8 | appoint
special panels of 3 judges each, who shall possess the | ||||||
| 9 | same
qualifications and shall be appointed in the same manner | ||||||
| 10 | and with the
same division between political parties as is | ||||||
| 11 | provided for other judges
of election. The number of such | ||||||
| 12 | panels of judges required shall be
determined by regulations of | ||||||
| 13 | the State Board of Elections, which shall
base the required | ||||||
| 14 | number of special panels on the number of registered
voters in | ||||||
| 15 | the jurisdiction or the number of absentee ballots voted at
| ||||||
| 16 | recent elections or any combination of such factors.
| ||||||
| 17 | No more than 3 persons of the same political party shall be | ||||||
| 18 | appointed
judges in the same election district or undivided | ||||||
| 19 | precinct. The election
of the judges of election in the various | ||||||
| 20 | election precincts shall be
made in the following manner: The | ||||||
| 21 | county board shall
select and approve 3 of the election judges | ||||||
| 22 | in each precinct from a
certified list furnished by the | ||||||
| 23 | chairman of the County Central Committee
of the first leading | ||||||
| 24 | political party in such election precinct and shall also
select | ||||||
| 25 | and approve 2 judges of election in each election precinct from | ||||||
| 26 | a
certified list furnished by the chairman of the County | ||||||
| |||||||
| |||||||
| 1 | Central Committee
of the second leading political party in such | ||||||
| 2 | election precinct. However,
if only 3 judges of election serve | ||||||
| 3 | in each election precinct, no more than 2
persons of the same | ||||||
| 4 | political party shall be judges of election in the same
| ||||||
| 5 | election precinct; and which political party is entitled to 2 | ||||||
| 6 | judges of
election and which political party is entitled to one | ||||||
| 7 | judge of election shall
be determined in the same manner as set | ||||||
| 8 | forth in the next two preceding
sentences with regard to 5 | ||||||
| 9 | election judges in each precinct. The respective
County Central | ||||||
| 10 | Committee chairman shall notify the county board by June 1 of
| ||||||
| 11 | each odd-numbered year immediately preceding the annual | ||||||
| 12 | meeting of the county
board whether or not such certified list | ||||||
| 13 | will be filed by such chairman. Such
list shall be arranged | ||||||
| 14 | according to precincts. The chairman of each county
central | ||||||
| 15 | committee shall, insofar as possible, list persons who reside | ||||||
| 16 | within
the precinct in which they are to serve as judges. | ||||||
| 17 | However, he may, in his sole
discretion, submit the names of | ||||||
| 18 | persons who reside outside the precinct but
within the county | ||||||
| 19 | embracing the precinct in which they are to serve. He must,
| ||||||
| 20 | however, submit the names of at least 2 residents of the | ||||||
| 21 | precinct for each
precinct in which his party is to have 3 | ||||||
| 22 | judges and must submit the name of at
least one resident of the | ||||||
| 23 | precinct for each precinct in which his party is to
have 2 | ||||||
| 24 | judges. Such certified list, if filed, shall be filed with the | ||||||
| 25 | county
clerk not less than 20 days before the annual meeting of | ||||||
| 26 | the county board. The
county board shall acknowledge in writing | ||||||
| |||||||
| |||||||
| 1 | to each county chairman the names of
all persons submitted on | ||||||
| 2 | such certified list and the total number of persons
listed | ||||||
| 3 | thereon. If no such list is filed or the list is incomplete | ||||||
| 4 | (that is, no
names or an insufficient number of names are | ||||||
| 5 | furnished for certain election
precincts), the county board | ||||||
| 6 | shall make or complete such list from the names
contained in | ||||||
| 7 | the supplemental list provided for in Section 13-1.1. Provided,
| ||||||
| 8 | further, that in any case where a township has been or shall be | ||||||
| 9 | redistricted,
in whole or in part, subsequent to one general | ||||||
| 10 | election for Governor, and prior
to the next, the judges of | ||||||
| 11 | election to be selected for all new or altered
precincts shall | ||||||
| 12 | be selected in that one of the methods above detailed, which
| ||||||
| 13 | shall be applicable according to the facts and circumstances of | ||||||
| 14 | the particular
case, but the majority of such judges for each | ||||||
| 15 | such precinct shall be selected
from the first leading | ||||||
| 16 | political party, and the minority judges from the second
| ||||||
| 17 | leading political party. Provided, further, that in counties | ||||||
| 18 | having a
population of 3,000,000 inhabitants or over the | ||||||
| 19 | selection of judges of election
shall be made in the same | ||||||
| 20 | manner in all respects as in other counties, except
that the | ||||||
| 21 | provisions relating to tally judges are inapplicable to such | ||||||
| 22 | counties
and except that the county board shall meet during the | ||||||
| 23 | month of January for the
purpose of making such selection, each | ||||||
| 24 | township committeeperson shall assume the responsibilities | ||||||
| 25 | given to the chairman of the county central committee in this | ||||||
| 26 | Section for the precincts within his or her township, and the | ||||||
| |||||||
| |||||||
| 1 | township committeeperson shall notify the county board by the | ||||||
| 2 | preceding October 1 whether or
not the certified list will be | ||||||
| 3 | filed. Such judges of election shall hold their
office for 2 | ||||||
| 4 | years from their appointment and until their successors are | ||||||
| 5 | duly
appointed in the manner provided in this Act. The county | ||||||
| 6 | board shall fill all
vacancies in the office of judges of | ||||||
| 7 | elections at any time in the manner herein
provided.
| ||||||
| 8 | Such selections under this Section shall be confirmed by | ||||||
| 9 | the circuit
court as provided in Section 13-3 of this Article.
| ||||||
| 10 | (Source: P.A. 100-337, eff. 8-25-17.)
| ||||||
| 11 | (10 ILCS 5/14-1) (from Ch. 46, par. 14-1)
| ||||||
| 12 | Sec. 14-1. (a) The board of election commissioners | ||||||
| 13 | established
or existing under Article 6 shall, at the time and | ||||||
| 14 | in the
manner provided in Section 14-3.1, select and choose no | ||||||
| 15 | less than 3 5 persons,
men or women, as judges of election for | ||||||
| 16 | each precinct in such
city, village or incorporated town.
| ||||||
| 17 | Where neither voting machines nor electronic, mechanical | ||||||
| 18 | or
electric voting systems are used, the board of election
| ||||||
| 19 | commissioners may, for any precinct with respect to which the
| ||||||
| 20 | board considers such action necessary or desirable in view of
| ||||||
| 21 | the number of voters, and shall for general elections for any
| ||||||
| 22 | precinct containing more than 600 registered voters, appoint
in | ||||||
| 23 | addition to the 5 judges of election chosen under this | ||||||
| 24 | subsection a team of 5 tally judges.
In such precincts the | ||||||
| 25 | judges of election shall preside over the
election during the | ||||||
| |||||||
| |||||||
| 1 | hours the polls are open, and the tally
judges, with the | ||||||
| 2 | assistance of the holdover judges designated
pursuant to | ||||||
| 3 | Section
14-5.2, shall count the vote after the closing of the | ||||||
| 4 | polls.
The tally judges shall possess the same qualifications | ||||||
| 5 | and
shall be appointed in the same manner and with the same | ||||||
| 6 | division
between political parties as is provided for judges of | ||||||
| 7 | election.
The foregoing provisions relating to the appointment | ||||||
| 8 | of tally
judges are inapplicable in counties with a population | ||||||
| 9 | of
1,000,000 or more.
| ||||||
| 10 | (b) To qualify as judges the persons must:
| ||||||
| 11 | (1) be citizens of the United States;
| ||||||
| 12 | (2) be of good repute and character and not subject to | ||||||
| 13 | the registration requirement of the Sex Offender | ||||||
| 14 | Registration Act;
| ||||||
| 15 | (3) be able to speak, read and write the English | ||||||
| 16 | language;
| ||||||
| 17 | (4) be skilled in the 4 fundamental rules of | ||||||
| 18 | arithmetic;
| ||||||
| 19 | (5) be of good understanding and capable;
| ||||||
| 20 | (6) not be candidates for any office at the election | ||||||
| 21 | and not
be elected committeemen;
| ||||||
| 22 | (7) reside and be entitled to vote in the precinct in | ||||||
| 23 | which
they are selected to serve, except that in each | ||||||
| 24 | precinct not
more than one judge of each party may be | ||||||
| 25 | appointed from outside
such precinct. Any judge so | ||||||
| 26 | appointed to serve in any precinct
in which he is not | ||||||
| |||||||
| |||||||
| 1 | entitled to vote must be entitled to vote
elsewhere within | ||||||
| 2 | the county which encompasses the precinct in
which such | ||||||
| 3 | judge is appointed and such judge must otherwise
meet the | ||||||
| 4 | qualifications of this Section, except as provided in | ||||||
| 5 | subsection (c)
or (c-5).
| ||||||
| 6 | (c) An election authority may establish a program to permit | ||||||
| 7 | a person who
is not entitled to vote
to be appointed as an | ||||||
| 8 | election judge if, as of the date of the election at
which the | ||||||
| 9 | person serves as a judge, he or she:
| ||||||
| 10 | (1) is a U.S. citizen;
| ||||||
| 11 | (2) is a junior or senior in good standing enrolled in | ||||||
| 12 | a public or private secondary
school;
| ||||||
| 13 | (3) has a cumulative grade point average equivalent to | ||||||
| 14 | at least 3.0 on a
4.0 scale;
| ||||||
| 15 | (4) has the written approval of the principal of the | ||||||
| 16 | secondary school he
or she attends at the time of | ||||||
| 17 | appointment;
| ||||||
| 18 | (5) has the written approval of his or her parent or | ||||||
| 19 | legal guardian;
| ||||||
| 20 | (6) has satisfactorily completed the training course | ||||||
| 21 | for judges of
election
described in Sections 13-2.1, | ||||||
| 22 | 13-2.2, and 14-4.1; and
| ||||||
| 23 | (7) meets all other qualifications for appointment and | ||||||
| 24 | service as an
election judge.
| ||||||
| 25 | No more than one election judge qualifying under this | ||||||
| 26 | subsection may serve
per political party per precinct.
Prior to | ||||||
| |||||||
| |||||||
| 1 | appointment, a judge qualifying under this subsection must | ||||||
| 2 | certify
in writing to the election authority the political | ||||||
| 3 | party the judge chooses to
affiliate with.
| ||||||
| 4 | Students appointed as election judges under this | ||||||
| 5 | subsection
shall not be counted as absent from school on the | ||||||
| 6 | day they serve as judges.
| ||||||
| 7 | (c-5) An election authority may establish a program to | ||||||
| 8 | permit a person who
is not entitled to vote in that precinct or | ||||||
| 9 | county to be appointed as an
election judge if, as of the date | ||||||
| 10 | of the election at which the person serves as
a judge, he or | ||||||
| 11 | she:
| ||||||
| 12 | (1) is a U.S. citizen;
| ||||||
| 13 | (2) is currently enrolled in a community college, as | ||||||
| 14 | defined in the Public Community College Act, or a public or | ||||||
| 15 | private Illinois university or
college;
| ||||||
| 16 | (3) has a cumulative grade point average equivalent to | ||||||
| 17 | at least 3.0 on a
4.0 scale;
| ||||||
| 18 | (4) has satisfactorily completed the training course | ||||||
| 19 | for judges of
election
described in Sections 13-2.1, | ||||||
| 20 | 13-2.2, and 14-4.1; and
| ||||||
| 21 | (5) meets all other qualifications for appointment and | ||||||
| 22 | service as an
election judge.
| ||||||
| 23 | No more than one election judge qualifying under this | ||||||
| 24 | subsection may serve
per political party per precinct.
Prior to | ||||||
| 25 | appointment, a judge qualifying under this subsection must | ||||||
| 26 | certify
in writing to the election authority the political | ||||||
| |||||||
| |||||||
| 1 | party the judge chooses to
affiliate with.
| ||||||
| 2 | Students appointed as election judges under this | ||||||
| 3 | subsection
shall not be counted as absent from school on the | ||||||
| 4 | day they serve as judges.
| ||||||
| 5 | (d) The board of election commissioners may select 2 | ||||||
| 6 | additional
judges of election, one from each of the major | ||||||
| 7 | political parties,
for each 200 voters in excess of 600 in any | ||||||
| 8 | precinct having more
than 600 voters as authorized
by Section | ||||||
| 9 | 11-3. These additional judges must meet the
qualifications | ||||||
| 10 | prescribed in this Section.
| ||||||
| 11 | (Source: P.A. 95-699, eff. 11-9-07; 95-818, eff. 1-1-09; | ||||||
| 12 | 96-328, eff. 8-11-09.)
| ||||||
| 13 | (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
| ||||||
| 14 | Sec. 17-16.1. Write-in votes shall be counted only for | ||||||
| 15 | persons who have
filed notarized declarations of intent to be | ||||||
| 16 | write-in candidates with
the proper election authority or | ||||||
| 17 | authorities no more than 106 days before, and not later than 61 | ||||||
| 18 | days prior to
the election. However, whenever an objection to a | ||||||
| 19 | candidate's nominating papers or petitions for any office is | ||||||
| 20 | sustained under Section 10-10 after the 61st day before the | ||||||
| 21 | election, then write-in votes shall be counted for that | ||||||
| 22 | candidate if he or she has filed a notarized declaration of | ||||||
| 23 | intent to be a write-in candidate for that office with the | ||||||
| 24 | proper election authority or authorities not later than 7 days | ||||||
| 25 | prior to the election.
| ||||||
| |||||||
| |||||||
| 1 | Forms for the declaration of intent to be a write-in | ||||||
| 2 | candidate shall
be supplied by the election authorities. A | ||||||
| 3 | declaration of intent to be a write-in candidate shall include: | ||||||
| 4 | (1) the name and address of the person intending to | ||||||
| 5 | become a write-in candidate; | ||||||
| 6 | (2) the office sought; | ||||||
| 7 | (3) the date of the election; and | ||||||
| 8 | (4) the notarized signature of the candidate or | ||||||
| 9 | candidates. | ||||||
| 10 | A declaration of intent to be a write-in candidate that | ||||||
| 11 | does not include the information required by paragraphs (1) | ||||||
| 12 | through (4) shall not be accepted. | ||||||
| 13 | Persons intending to become write-in candidates for | ||||||
| 14 | the offices of President of the United States and Vice | ||||||
| 15 | President of the United States or Governor and Lieutenant | ||||||
| 16 | Governor shall file one joint declaration of intent to be a | ||||||
| 17 | write-in candidate that identifies the candidate for each | ||||||
| 18 | office. A vote cast for either candidate shall constitute a | ||||||
| 19 | valid write-in vote for the team of candidates. Such | ||||||
| 20 | declaration shall specify
the office for which the person | ||||||
| 21 | seeks election as a write-in candidate.
| ||||||
| 22 | The election authority or authorities shall deliver a list | ||||||
| 23 | of all persons
who have filed such declarations to the election | ||||||
| 24 | judges in the appropriate
precincts prior to the election.
| ||||||
| 25 | A candidate for whom a nomination paper has been filed as a | ||||||
| 26 | partisan
candidate at a primary election, and who is defeated | ||||||
| |||||||
| |||||||
| 1 | for his or her
nomination at the primary election is ineligible | ||||||
| 2 | to file a declaration of
intent to be a write-in candidate for | ||||||
| 3 | election in that general or consolidated
election.
| ||||||
| 4 | A candidate seeking election to an office for which | ||||||
| 5 | candidates of
political parties are nominated by caucus who is | ||||||
| 6 | a participant in the
caucus and who is defeated for his or her | ||||||
| 7 | nomination at such caucus is
ineligible to file a declaration | ||||||
| 8 | of intent to be a write-in candidate for
election in that | ||||||
| 9 | general or consolidated election.
| ||||||
| 10 | A candidate seeking election to an office for which | ||||||
| 11 | candidates are
nominated at a primary election on a nonpartisan | ||||||
| 12 | basis and who is defeated
for his or her nomination at the | ||||||
| 13 | primary election is ineligible to file a
declaration of intent | ||||||
| 14 | to be a write-in candidate for election in that
general or | ||||||
| 15 | consolidated election.
| ||||||
| 16 | Nothing in this Section shall be construed to apply to | ||||||
| 17 | votes
cast under the provisions of subsection (b) of Section | ||||||
| 18 | 16-5.01.
| ||||||
| 19 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
| 20 | (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
| ||||||
| 21 | Sec. 18-9.1. Write-in votes shall be counted only for | ||||||
| 22 | persons who have
filed notarized declarations of intent to be | ||||||
| 23 | write-in candidates with
the proper election authority or | ||||||
| 24 | authorities no more than 106 days before, and not later than 61 | ||||||
| 25 | days prior to
the election. However, whenever an objection to a | ||||||
| |||||||
| |||||||
| 1 | candidate's nominating papers or petitions is sustained under | ||||||
| 2 | Section 10-10 after the 61st day before the election, then | ||||||
| 3 | write-in votes shall be counted for that candidate if he or she | ||||||
| 4 | has filed a notarized declaration of intent to be a write-in | ||||||
| 5 | candidate for that office with the proper election authority or | ||||||
| 6 | authorities not later than 7 days prior to the election.
| ||||||
| 7 | Forms for the declaration of intent to be a write-in | ||||||
| 8 | candidate shall
be supplied by the election authorities. A | ||||||
| 9 | declaration of intent to be a write-in candidate shall include: | ||||||
| 10 | (1) the name and address of the person intending to | ||||||
| 11 | become a write-in candidate; | ||||||
| 12 | (2) the office sought; | ||||||
| 13 | (3) the date of the election; and | ||||||
| 14 | (4) the notarized signature of the candidate or | ||||||
| 15 | candidates. | ||||||
| 16 | A declaration of intent to be a write-in candidate that | ||||||
| 17 | does not include the information required by paragraphs (1) | ||||||
| 18 | through (4) shall not be accepted. | ||||||
| 19 | Persons intending to become write-in candidates for | ||||||
| 20 | the offices of President of the United States and Vice | ||||||
| 21 | President of the United States or Governor and Lieutenant | ||||||
| 22 | Governor shall file one joint declaration of intent to be a | ||||||
| 23 | write-in candidate that identifies the candidate for each | ||||||
| 24 | office. A vote cast for either candidate shall constitute a | ||||||
| 25 | valid write-in vote for the team of candidates. Such | ||||||
| 26 | declaration shall specify
the office for which the person | ||||||
| |||||||
| |||||||
| 1 | seeks election as a write-in candidate.
| ||||||
| 2 | The election authority or authorities shall deliver a list | ||||||
| 3 | of all persons
who have filed such declarations to the election | ||||||
| 4 | judges in the appropriate
precincts prior to the election.
| ||||||
| 5 | A candidate for whom a nomination paper has been filed as a | ||||||
| 6 | partisan
candidate at a primary election, and who is defeated | ||||||
| 7 | for his or her
nomination at the primary election, is | ||||||
| 8 | ineligible to file a declaration of
intent to be a write-in | ||||||
| 9 | candidate for election in that general or
consolidated | ||||||
| 10 | election.
| ||||||
| 11 | A candidate seeking election to an office for which | ||||||
| 12 | candidates of
political parties are nominated by caucus who is | ||||||
| 13 | a participant in the
caucus and who is defeated for his or her | ||||||
| 14 | nomination at such caucus is
ineligible to file a declaration | ||||||
| 15 | of intent to be a write-in candidate for
election in that | ||||||
| 16 | general or consolidated election.
| ||||||
| 17 | A candidate seeking election to an office for which | ||||||
| 18 | candidates are
nominated at a primary election on a nonpartisan | ||||||
| 19 | basis and who is defeated
for his or her nomination at the | ||||||
| 20 | primary election is ineligible to file a
declaration of intent | ||||||
| 21 | to be a write-in candidate for election in that
general or | ||||||
| 22 | consolidated election.
| ||||||
| 23 | Nothing in this Section shall be construed to apply to | ||||||
| 24 | votes
cast under the provisions of subsection (b) of Section | ||||||
| 25 | 16-5.01.
| ||||||
| 26 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
| |||||||
| |||||||
| 1 | (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | ||||||
| 2 | Sec. 19-3. The
application for vote by mail ballot shall be | ||||||
| 3 | substantially in the
following form: | ||||||
| 4 | APPLICATION FOR VOTE BY MAIL BALLOT | ||||||
| 5 | To be voted at the .... election in the County of .... and | ||||||
| 6 | State of
Illinois, in the .... precinct of the (1) *township of | ||||||
| 7 | .... (2) *City of
.... or (3) *.... ward in the City of .... | ||||||
| 8 | I state that I am a resident of the .... precinct of the | ||||||
| 9 | (1)
*township of .... (2) *City of .... or (3) *.... ward in | ||||||
| 10 | the city of
.... residing at .... in such city or town in the | ||||||
| 11 | county of .... and
State of Illinois; that I have lived at such | ||||||
| 12 | address for .... month(s)
last past; that I am lawfully | ||||||
| 13 | entitled to vote in such precinct at the
.... election to be | ||||||
| 14 | held therein on ....; and that I wish to vote by vote by mail | ||||||
| 15 | ballot. | ||||||
| 16 | I hereby make application for an official ballot or ballots | ||||||
| 17 | to be
voted by me at such election, and I agree that I shall | ||||||
| 18 | return such ballot or ballots to the
official issuing the same | ||||||
| 19 | prior to the closing of the polls on the date
of the election | ||||||
| 20 | or, if returned by mail, postmarked no later than election day, | ||||||
| 21 | for counting no later than during the period for counting | ||||||
| 22 | provisional ballots, the last day of which is the 14th day | ||||||
| 23 | following election day. | ||||||
| 24 | I understand that this application is made for an official | ||||||
| 25 | vote by mail ballot or ballots to be voted by me at the | ||||||
| |||||||
| |||||||
| 1 | election specified in this application and that I must submit a | ||||||
| 2 | separate application for an official vote by mail ballot or | ||||||
| 3 | ballots to be voted by me at any subsequent election. | ||||||
| 4 | Under penalties as provided by law pursuant to Section | ||||||
| 5 | 29-10 of the
Election Code, the undersigned certifies that the | ||||||
| 6 | statements set forth
in this application are true and correct. | ||||||
| 7 | .... | ||||||
| 8 | *fill in either (1), (2) or (3). | ||||||
| 9 | Post office address to which ballot is mailed: | ||||||
| 10 | ............... | ||||||
| 11 | However, if application is made for a primary election | ||||||
| 12 | ballot, such
application shall require the applicant to | ||||||
| 13 | designate the name of the political party with which
the | ||||||
| 14 | applicant is affiliated. | ||||||
| 15 | If application is made electronically, the applicant shall | ||||||
| 16 | mark the box associated with the above described statement | ||||||
| 17 | included as part of the online application certifying that the | ||||||
| 18 | statements set forth in this application are true and correct, | ||||||
| 19 | and a signature is not required. | ||||||
| 20 | Any person may produce, reproduce, distribute, or return to | ||||||
| 21 | an election authority the application for vote by mail ballot. | ||||||
| 22 | Any campaign, party, or other organization or individual that | ||||||
| 23 | engages in a vote by mail operation in which voters are sent | ||||||
| 24 | applications for vote by mail ballots shall also provide the | ||||||
| 25 | voter with a return envelope addressed only to the appropriate | ||||||
| 26 | local election authority for that registered voter. Removing, | ||||||
| |||||||
| |||||||
| 1 | tampering with, or otherwise knowingly making the postmark on | ||||||
| 2 | the application unreadable by the election authority shall | ||||||
| 3 | establish a rebuttable presumption of a violation of this | ||||||
| 4 | paragraph. Upon receipt, the appropriate election authority | ||||||
| 5 | shall accept and promptly process any application for vote by | ||||||
| 6 | mail ballot submitted in a form substantially similar to that | ||||||
| 7 | required by this Section, including any substantially similar | ||||||
| 8 | production or reproduction generated by the applicant. | ||||||
| 9 | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15; | ||||||
| 10 | 99-522, eff. 6-30-16.)
| ||||||
| 11 | (10 ILCS 5/22-19 new) | ||||||
| 12 | Sec. 22-19. Risk-limiting election audits. | ||||||
| 13 | (a) Notwithstanding any other provision of law, an election | ||||||
| 14 | authority is authorized to conduct a risk-limiting audit before | ||||||
| 15 | the certification of the results of an election as provided | ||||||
| 16 | under Section 22-18. The determination to conduct a | ||||||
| 17 | risk-limiting audit, the scope of an audit, and the uses of the | ||||||
| 18 | results of an audit are entirely within the discretion of the | ||||||
| 19 | election authority. The provisions of the law regarding the | ||||||
| 20 | anonymity of the ballot and chain of custody shall be observed | ||||||
| 21 | in any process conducted under this subsection (a). | ||||||
| 22 | (b) Notwithstanding any other provision of law, an election | ||||||
| 23 | authority is authorized to conduct a risk-limiting audit after | ||||||
| 24 | the results of an election have been certified and the period | ||||||
| 25 | for filing an election contest has expired. The determination | ||||||
| |||||||
| |||||||
| 1 | to conduct a risk-limiting audit, the scope of an audit, and | ||||||
| 2 | the uses of the results of an audit are entirely within the | ||||||
| 3 | discretion of the election authority. | ||||||
| 4 | (c) The State Board of Elections shall adopt rules to | ||||||
| 5 | create a certification process for certifying that the | ||||||
| 6 | procedure to be used by an election authority comports with the | ||||||
| 7 | requirements of this Section, uses generally-accepted | ||||||
| 8 | statistical methods, and meets the standards for best practices | ||||||
| 9 | to insure statistically sound results. Upon application by an | ||||||
| 10 | election authority, accompanied by a sufficient showing of the | ||||||
| 11 | statistical soundness of an election authority's risk-limiting | ||||||
| 12 | audit methods, the State Board of Elections may waive the | ||||||
| 13 | certification process requirement for that election authority, | ||||||
| 14 | notwithstanding the rules adopted under this subsection (c). | ||||||
| 15 | (d) For the purposes of this Section, "risk-limiting audit" | ||||||
| 16 | means a process of examining election materials, including | ||||||
| 17 | ballots, under an audit protocol that makes use of statistical | ||||||
| 18 | methods and is designed to limit the risk of the certification | ||||||
| 19 | of an incorrect election outcome. The method used in a | ||||||
| 20 | risk-limiting audit shall be capable of producing an outcome | ||||||
| 21 | that demonstrates a strong statistical likelihood that the | ||||||
| 22 | outcome of an election is correct.".
| ||||||
