Bill Text: IL HB2060 | 2023-2024 | 103rd General Assembly | Introduced

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Bill Title: Creates the Uniform Faithful Presidential Electors Act. Concerning electors for the Electoral College, provides for an alternate elector to fill a vacant position (replacing the procedure currently in the Election Code), including if an elector has marked a ballot in violation of his or her pledge. Requires a political party or group or independent candidate to submit a Presidential and Vice Presidential elector nominee and an alternate elector nominee to the Secretary of State. Requires an elector nominee and an alternate elector nominee to pledge to vote for the President and Vice President nominees of the party that nominated the elector and alternate elector. Makes conforming changes in the Election Code. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-02-07 - Referred to Rules Committee [HB2060 Detail]

Download: Illinois-2023-HB2060-Introduced.html

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103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2060 Introduced , by Rep. Daniel Didech SYNOPSIS AS INTRODUCED:
New Act
10 ILCS 5/10-3 from Ch. 46, par. 10-3
10 ILCS 5/21-1 from Ch. 46, par. 21-1
10 ILCS 5/21-2 from Ch. 46, par. 21-2
10 ILCS 5/21-3 from Ch. 46, par. 21-3
10 ILCS 5/21-4 from Ch. 46, par. 21-4
10 ILCS 5/21.6 new
10 ILCS 5/21-5 rep.
Creates the Uniform Faithful Presidential Electors Act. Concerning electors for the Electoral College, provides for an alternate elector to fill a vacant position (replacing the procedure currently in the Election Code), including if an elector has marked a ballot in violation of his or her pledge. Requires a political party or group or independent candidate to submit a Presidential and Vice Presidential elector nominee and an alternate elector nominee to the Secretary of State. Requires an elector nominee and an alternate elector nominee to pledge to vote for the President and Vice President nominees of the party that nominated the elector and alternate elector. Makes conforming changes in the Election Code. Effective immediately.
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A BILL FOR
HB2060 LRB103 04734 AWJ 49743 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Uniform Faithful Presidential Electors Act.
Section 5. Definitions. As used in this Act:
"Cast" means accepted by the Secretary of State in
accordance with subsection (b) of Section 30.
"Elector" means an individual selected as a presidential
elector under Article 21 of the Election Code and this Act.
"President" means the President of the United States.
"Unaffiliated presidential candidate" means an independent
candidate for President who is nominated for the general
election ballot in this State under Section 10-3 of the
Election Code.
"Vice President" means the Vice President of the United
States.
Section 10. Designation of State elector nominees. For
each elector position in this State, a political party or
group or an unaffiliated presidential candidate shall submit
to the Secretary of State the names of 2 qualified individuals
under Article 21 of the Election Code. One of the individuals

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must be designated "elector nominee" and the other "alternate
elector nominee". Except as otherwise provided in Sections 20
through 35 of this Act, this State's electors are the winning
elector nominees under Section 21-3 of the Election Code.
Section 15. Pledge. Each elector nominee and alternate
elector nominee of a political party or group shall execute
the following pledge: "If selected for the position of
elector, I agree to serve and to mark my ballots for President
and Vice President for the nominees for those offices of the
party or group that nominated me.". Each elector nominee and
alternate elector nominee of an unaffiliated presidential
candidate shall execute the following pledge: "If selected for
the position of elector as a nominee of an unaffiliated
presidential candidate, I agree to serve and to mark my
ballots for that candidate and for that candidate's
vice-presidential running mate.". The executed pledges must
accompany the submission of the corresponding names to the
Secretary of State.
Section 20. Certification of electors. In submitting this
State's certificate of ascertainment as required by 3 U.S.C.
6, the Governor shall certify this State's electors and state
in the certificate that:
(1) the electors will serve as electors unless a
vacancy occurs in the office of elector before the end of

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the meeting at which elector votes are cast, in which case
an alternate elector will fill the vacancy; and
(2) if an alternate elector is appointed to fill a
vacancy, the Governor will submit an amended certificate
of ascertainment stating the names on the final list of
this State's electors.
Section 25. Presiding officer of the meeting of electors;
elector vacancy.
(a) The Secretary of State shall preside at the meeting of
electors described in Section 21-4 of the Election Code.
(b) The position of an elector not present to vote at the
meeting of electors is vacant. The Secretary of State shall
appoint an individual as an alternate elector to fill a
vacancy as follows:
(1) if the alternate elector is present to vote, by
appointing the alternate elector for the vacant position;
(2) if the alternate elector for the vacant position
is not present to vote, by appointing an elector chosen by
lot from among the alternate electors present to vote who
were nominated by the same political party or group or
unaffiliated presidential candidate;
(3) if the number of alternate electors present to
vote is insufficient to fill any vacant position pursuant
to paragraphs (1) and (2), by appointing any immediately
available individual who is qualified to serve as an

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elector and chosen through nomination by and plurality
vote of the remaining electors, including nomination and
vote by a single elector if only one remains;
(4) if there is a tie between at least 2 nominees for
alternate elector in a vote conducted under paragraph (3),
by appointing an elector chosen by lot from among those
nominees; or
(5) if all elector positions are vacant and cannot be
filled pursuant to paragraphs (1) through (4), by
appointing a single presidential elector, with remaining
vacant positions to be filled under paragraph (3) and, if
necessary, paragraph (4).
(c) To qualify as an alternate elector under subsection
(b) of this Section, an individual who has not executed the
pledge required under Section 15 shall execute the following
pledge: "I agree to serve and to mark my ballots for President
and Vice President consistent with the pledge of the
individual to whose elector position I have succeeded.".
Section 30. Meeting of electors; elector voting.
(a) At the time designated for elector voting at the
meeting of electors and after all vacant positions have been
filled under Section 25, the Secretary of State shall provide
each elector with a presidential and a vice-presidential
ballot. The elector shall mark the elector's presidential and
vice-presidential ballots with the elector's votes for the

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offices of President and Vice President, respectively, along
with the elector's signature and the elector's legibly printed
name.
(b) Each elector shall present both completed ballots to
the Secretary of State, who shall examine the ballots and
accept as cast all ballots of electors whose votes are
consistent with their pledges executed under Section 15 or
subsection (c) of Section 25. The Secretary of State may not
accept and may not count either an elector's presidential or
vice-presidential ballot if the elector has not marked both
ballots or has marked a ballot in violation of the elector's
pledge.
(c) An elector who refuses to present a ballot, presents
an unmarked ballot, or presents a ballot marked in violation
of the elector's pledge executed under Section 15 or
subsection (c) of Section 25 vacates the office of elector,
creating a vacant position to be filled under Section 25.
Section 35. Elector replacement; associated certificates.
(a) After the vote of this State's electors is completed,
if the final list of electors differs from any list that the
Governor previously included on a certificate of ascertainment
prepared and transmitted under 3 U.S.C. 6, the Secretary of
State immediately shall prepare an amended certificate of
ascertainment and transmit it to the Governor for the
Governor's signature.

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(b) The Governor immediately shall deliver the signed
amended certificate of ascertainment to the Secretary of State
and a signed duplicate original of the amended certificate of
ascertainment to all individuals entitled to receive this
State's certificate of ascertainment, indicating that the
amended certificate of ascertainment is to be substituted for
the certificate of ascertainment previously submitted.
(c) The Secretary of State shall prepare a certificate of
vote. The electors on the final list shall sign the
certificate of vote. The Secretary of State shall process and
transmit the signed certificate of vote with the amended
certificate of ascertainment under 3 U.S.C. Sections 9, 10,
and 11.
Section 40. Uniformity of application and construction. In
applying and construing this uniform Act, consideration must
be given to the need to promote uniformity of the law with
respect to its subject matter among states that enact it.
Section 100. The Election Code is amended by changing
Sections 10-3, 21-1, 21-2, 21-3, 21-4, and 21.6 as follows:
(10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
Sec. 10-3. Nomination of independent candidates (not
candidates of any political party), for any office to be
filled by the voters of the State at large may also be made by

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nomination papers signed in the aggregate for each candidate
by 1% of the number of voters who voted in the next preceding
Statewide general election or 25,000 qualified voters of the
State, whichever is less. Nominations of independent
candidates for public office within any district or political
subdivision less than the State, may be made by nomination
papers signed in the aggregate for each candidate by qualified
voters of such district, or political subdivision, equaling
not less than 5%, nor more than 8% (or 50 more than the
minimum, whichever is greater) of the number of persons, who
voted at the next preceding regular election in such district
or political subdivision in which such district or political
subdivision voted as a unit for the election of officers to
serve its respective territorial area. However, whenever the
minimum signature requirement for an independent candidate
petition for a district or political subdivision office shall
exceed the minimum number of signatures for an independent
candidate petition for an office to be filled by the voters of
the State at large at the next preceding State-wide general
election, such State-wide petition signature requirement shall
be the minimum for an independent candidate petition for such
district or political subdivision office. For the first
election following a redistricting of congressional districts,
nomination papers for an independent candidate for
congressperson shall be signed by at least 5,000 qualified
voters of the congressional district. For the first election

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following a redistricting of legislative districts, nomination
papers for an independent candidate for State Senator in the
General Assembly shall be signed by at least 3,000 qualified
voters of the legislative district. For the first election
following a redistricting of representative districts,
nomination papers for an independent candidate for State
Representative in the General Assembly shall be signed by at
least 1,500 qualified voters of the representative district.
For the first election following redistricting of county board
districts, or of municipal wards or districts, or for the
first election following the initial establishment of such
districts or wards in a county or municipality, nomination
papers for an independent candidate for county board member,
or for alderperson or trustee of such municipality, shall be
signed by qualified voters of the district or ward equal to not
less than 5% nor more than 8% (or 50 more than the minimum,
whichever is greater) of the total number of votes cast at the
preceding general or general municipal election, as the case
may be, for the county or municipal office voted on throughout
such county or municipality for which the greatest total
number of votes were cast for all candidates, divided by the
number of districts or wards, but in any event not less than 25
qualified voters of the district or ward. Each voter signing a
nomination paper shall add to his signature his place of
residence, and each voter may subscribe to one nomination for
such office to be filled, and no more: Provided that the name

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of any candidate whose name may appear in any other place upon
the ballot shall not be so added by petition for the same
office.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that;
(1) the person striking the signature shall initial
the petition at the place where the signature is struck;
and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
(3) the persons striking signatures from the petition
shall each sign an additional certificate specifying the
number of certification pages listing stricken signatures
which are attached to the petition and the page numbers
indicated on such certifications. The certificate shall be
filed as a part of the petition, shall be numbered, and
shall be attached immediately following the last page of
voters' signatures and before the certifications of
stricken signatures.
(4) all of the foregoing requirements shall be
necessary to effect a valid striking of any signature. The
provisions of this Section authorizing the striking of
signatures shall not impose any criminal liability on any

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person so authorized for signatures which may be
fraudulent.
In the case of the offices of Governor and Lieutenant
Governor a joint petition, including one candidate for each of
those offices, must be filed. In the case of the offices of
President of the United States and Vice President of the
United States, a joint petition, including one candidate for
each of those offices, must be filed.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election, is
ineligible to be placed on the ballot as an independent
candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus, is ineligible to be listed on the
ballot at that general or consolidated election as an
independent candidate.
(Source: P.A. 102-15, eff. 6-17-21.)
(10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
Sec. 21-1. Choosing and election of electors of President
and Vice-President of the United States shall be in the
following manner:

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(a) In each year in which a President and Vice-President
of the United States are chosen, each political party or group
in this State shall choose by its State Convention or State
central committee electors and alternate electors of President
and Vice-President of the United States and such State
Convention or State central committee of such party or group
shall also choose electors at large and alternate electors at
large, if any are to be appointed for this State and such State
Convention or State central committee of such party or group
shall by its chair and secretary certify the total list of such
electors and alternate electors together with electors at
large and alternate electors at large so chosen to the State
Board of Elections.
In each year in which a President and Vice-President of
the United States are chosen, an unaffiliated presidential
candidate shall choose the candidate's choice of electors and
alternate electors of President and Vice-President of the
United States and the candidate shall also choose electors at
large and alternate electors at large, if any are to be
appointed for this State, and the candidate shall certify the
total list of these electors and alternate electors, together
with electors at large and alternate electors at large, so
chosen to the State Board of Elections.
The filing of such certificate with the Board, of such
choosing of electors and alternate electors shall be deemed
and taken to be the choosing and selection of the electors and

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alternate electors of this State, if such party or group or
unaffiliated presidential candidate is successful at the polls
as herein provided in choosing their candidates for President
and Vice-President of the United States.
(b) The names of the candidates of the several political
parties or groups and unaffiliated presidential candidates for
electors and alternate electors of President and
Vice-President shall not be printed on the official ballot to
be voted in the election to be held on the day in this Act
above named. In lieu of the names of the candidates for such
electors and alternate electors of President and
Vice-President, immediately under the appellation of party
name of a party or group in the column of its candidates on the
official ballot or immediately under the unaffiliated
presidential candidate's name, to be voted at said election
first above named in subsection (1) of Section 2A-1.2 and
Section 2A-2, there shall be printed within a bracket the name
of the candidate for President and the name of the candidate
for Vice-President of such party or group or unaffiliated
presidential candidate with a square to the left of such
bracket. Each voter in this State from the several lists or
sets of electors and alternate electors so chosen and selected
by the said respective political parties or groups or
unaffiliated presidential candidates, may choose and elect one
of such lists or sets of electors and alternate electors by
placing a cross in the square to the left of the bracket

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aforesaid of one of such parties or groups or unaffiliated
presidential candidates. Placing a cross within the square
before the bracket enclosing the names of President and
Vice-President shall not be deemed and taken as a direct vote
for such candidates for President and Vice-President, or
either of them, but shall only be deemed and taken to be a vote
for the entire list or set of electors and alternate electors
chosen by that political party or group or unaffiliated
presidential candidate so certified to the State Board of
Elections as herein provided. Voting by means of placing a
cross in the appropriate place preceding the appellation or
title of the particular political party or group or
unaffiliated presidential candidate , shall not be deemed or
taken as a direct vote for the candidates for President and
Vice-President, or either of them, but instead to the
Presidential vote, as a vote for the entire list or set of
electors and alternate electors chosen by that political party
or group or unaffiliated presidential candidate so certified
to the State Board of Elections as herein provided.
(c) Such certification by the respective political parties
or groups in this State of electors and alternate electors of
President and Vice-President shall be made to the State Board
of Elections within 2 days after such State convention or
meeting of the State central committee in which the electors
and alternate electors were chosen. Certification of electors
by an unaffiliated presidential candidate under subsection (a)

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for President and Vice President shall be made to the State
Board of Elections no later than the 31st day after the general
primary election in the year of the presidential election.
(d) Should more than one certificate of choice and
selection of electors and alternate electors of the same
political party or group be filed by contesting conventions or
contesting groups, it shall be the duty of the State Board of
Elections within 10 days after the adjournment of the last of
such conventions to meet and determine which set of nominees
for electors and alternate electors of such party or group was
chosen and selected by the authorized convention of such party
or group. The Board, after notice to the chair and secretaries
or managers of the conventions or groups and after a hearing
shall determine which set of electors and alternate electors
was so chosen by the authorized convention and shall so
announce and publish the fact, and such decision shall be
final and the set of electors and alternate electors so
determined upon by the electoral board to be so chosen shall be
the list or set of electors and alternate electors to be deemed
elected if that party shall be successful at the polls, as
herein provided.
(e) Should a vacancy occur in the choice of an elector in a
congressional district, such vacancy may be filled by the
executive committee of the party or group for such
congressional district, to be certified by such committee to
the State Board of Elections. Should a vacancy occur in the

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office of elector at large, such vacancy shall be filled under
Section 25 of the Uniform Faithful Presidential Electors Act.
by the State committee of such political party or group, and
certified by it to the State Board of Elections.
(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)
(10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
Sec. 21-2. The county clerks of the several counties
shall, within 21 days next after holding the election named in
subsection (1) of Section 2A-1.2 and Section 2A-2, make 2
copies of the abstract of the votes cast for electors and
alternate electors by each political party or group and
unaffiliated presidential candidate, as indicated by the
voter, as aforesaid, by a cross in the square to the left of
the bracket aforesaid, or as indicated by a cross in the
appropriate place preceding the appellation or title of the
particular political party or group or unaffiliated
presidential candidate, and transmit by mail one of the copies
to the office of the State Board of Elections and retain the
other in his office, to be sent for by the electoral board in
case the other should be mislaid. Within 31 days after the
holding of such election, and sooner if all the returns are
received by the State Board of Elections, the State Board of
Elections shall proceed to open and canvass said election
returns and to declare which set of candidates for President
and Vice-President received, as aforesaid, the highest number

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of votes cast at such election as aforesaid; and the electors
and alternate electors of that party or group or unaffiliated
presidential candidate whose candidates for President and
Vice-President received the highest number of votes so cast
shall be taken and deemed to be elected as electors and
alternate electors of President and Vice-President, but should
2 or more sets of candidates for President and Vice-President
be returned with an equal and the highest vote, the State Board
of Elections shall cause a notice of the same to be published,
which notice shall name some day and place, not less than 5
days from the time of such publication of such notice, upon
which the State Board of Elections will decide by lot which of
the sets of candidates for President and Vice-President so
equal and highest shall be declared to be highest. And upon the
day and at the place so appointed in the notice, the board
shall so decide by lot and declare which is deemed highest of
the sets of candidates for President and Vice-President so
equal and highest, thereby determining only that the electors
and alternate electors chosen as aforesaid by such candidates'
party or group or unaffiliated presidential candidate are
thereby elected by general ticket to be such electors and
alternate electors.
(Source: P.A. 100-863, eff. 8-14-18.)
(10 ILCS 5/21-3) (from Ch. 46, par. 21-3)
Sec. 21-3. Within five days after the votes shall have

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been canvassed and the results declared or the result declared
by lot as provided for in Section 21-2 above, the Governor
shall cause the result of said election to be published, and
shall proclaim the persons electors and alternate electors of
President and Vice-President so chosen composing the list so
elected, by transmitting by mail to the several persons so
chosen and composing the list or set elected, electors of
President and Vice-President certificates in triplicate, under
the Seal of State of their appointment, and shall also
transmit under the Seal of State to the Secretary of State of
the United States the certificate of the election of said
electors and alternate electors as required by the laws of
Congress.
(Source: Laws 1943, vol. 2, p. 1.)
(10 ILCS 5/21-4) (from Ch. 46, par. 21-4)
Sec. 21-4. Presidential electors; meeting; allowance. The
electors and alternate electors, elected under this Article,
shall meet at the office of the Secretary of State in a room to
be designated by the Secretary in the Capitol at Springfield
in this State, at the time appointed by the laws of the United
States at the hour of ten o'clock in the forenoon of that day,
and the electors give their votes for President and for
Vice-President of the United States, in the manner provided by
the Uniform Faithful Presidential Electors Act in this
Article, and perform such duties as are or may be required by

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law. Each elector and alternate elector shall receive an
allowance for food and lodging equal to the amount per day
permitted to be deducted for such expenses under the Internal
Revenue Code, plus a mileage allowance at the rate in effect
under regulations promulgated pursuant to 5 U.S.C. 5707(b)(2)
for the number of highway miles necessarily and conveniently
traveled, for going to the seat of government to give his or
her vote and returning to his or her residence and otherwise
performing the official duties of an elector and alternate
elector, to be paid on the warrant of the State Comptroller,
out of any money in the treasury not otherwise appropriated,
and any person appointed by the electors assembled to fill a
vacancy shall also receive the allowances provided for
electors appointed.
(Source: P.A. 92-359, eff. 1-1-02.)
(10 ILCS 5/21.6 new)
Sec. 21.6. Unaffiliated presidential candidate. As used in
this Division, "unaffiliated presidential candidate" has the
meaning ascribed to that term in Section 5 of the Uniform
Faithful Presidential Electors Act.
(10 ILCS 5/21-5 rep.)
Section 105. The Election Code is amended by repealing
Section 21-5.
Section 999. Effective date. This Act takes effect upon

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becoming law.