Bill Text: IL HB2416 | 2021-2022 | 102nd General Assembly | Introduced


Bill Title: Amends the Election Code. Provides that members of the General Assembly and the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer shall be elected by ranked-choice voting. Provides for ranked-choice ballots to be produced. Provides that voters may rank their choice for candidates for those offices and provides for interpretations of certain ballot marks. Provides that tallying ranked-choice votes proceeds in rounds. Provides that in each round, the number of votes for each continuing candidate must be counted, that each continuing ballot counts as one vote for its highest-ranked continuing candidate for that round, and that exhausted ballots are not counted for any continuing candidate. Provides that if only 2 candidates remain, the candidate with the higher vote total wins, and that if more than 2 candidates remain, the last-place candidate is eliminated and another round of tallying is to commence. Provides that rounds continue until a winner is found. Makes conforming changes.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB2416 Detail]

Download: Illinois-2021-HB2416-Introduced.html


102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2416

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:
10 ILCS 5/1-3 from Ch. 46, par. 1-3
10 ILCS 5/16-3 from Ch. 46, par. 16-3
10 ILCS 5/16-4.2 new
10 ILCS 5/17-11 from Ch. 46, par. 17-11
10 ILCS 5/17-18 from Ch. 46, par. 17-18
10 ILCS 5/17-18.2 new
10 ILCS 5/18-5 from Ch. 46, par. 18-5
10 ILCS 5/18-9 from Ch. 46, par. 18-9

Amends the Election Code. Provides that members of the General Assembly and the offices Governor, Lieutenant Governor, Attorney General, Secretary of State, Comptroller, and Treasurer shall be elected by ranked-choice voting. Provides for ranked-choice ballots to be produced. Provides that voters may rank their choice for candidates for those offices and provides for interpretations of certain ballot marks. Provides that tallying ranked-choice votes proceeds in rounds. Provides that in each round, the number of votes for each continuing candidate must be counted, that each continuing ballot counts as one vote for its highest-ranked continuing candidate for that round, and that exhausted ballots are not counted for any continuing candidate. Provides that if only 2 candidates remain, the candidate with the higher vote total wins, and that if more than 2 candidates remain, the last-place candidate is eliminated and another round of tallying is to commence. Provides that rounds continue until a winner is found. Makes conforming changes.
LRB102 14268 SMS 19620 b
FISCAL NOTE ACT MAY APPLY

A BILL FOR

HB2416LRB102 14268 SMS 19620 b
1 AN ACT concerning elections.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Election Code is amended by changing
5Sections 1-3, 16-3, 17-11, 17-18, 18-5, and 18-9 and by adding
6Sections 16-4.2 and 17-18.2 as follows:
7 (10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
8 Sec. 1-3. As used in this Act, unless the context
9otherwise requires:
10 1. "Election" includes the submission of all questions of
11public policy, propositions, and all measures submitted to
12popular vote, and includes primary elections when so indicated
13by the context.
14 2. "Regular election" means the general, general primary,
15consolidated and consolidated primary elections regularly
16scheduled in Article 2A. The even numbered year municipal
17primary established in Article 2A is a regular election only
18with respect to those municipalities in which a primary is
19required to be held on such date.
20 3. "Special election" means an election not regularly
21recurring at fixed intervals, irrespective of whether it is
22held at the same time and place and by the same election
23officers as a regular election.

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

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

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1 12. "Petition" of candidacy as used in Sections 7-10 and
27-10.1 shall consist of a statement of candidacy, candidate's
3statement containing oath, and sheets containing signatures of
4qualified primary electors bound together.
5 13. "Election district" and "precinct", when used with
6reference to a 30-day residence requirement, means the
7smallest constituent territory in which electors vote as a
8unit at the same polling place in any election governed by this
9Act.
10 14. "District" means any area which votes as a unit for the
11election of any officer, other than the State or a unit of
12local government or school district, and includes, but is not
13limited to, legislative, congressional and judicial districts,
14judicial circuits, county board districts, municipal and
15sanitary district wards, school board districts, and
16precincts.
17 15. "Question of public policy" or "public question" means
18any question, proposition or measure submitted to the voters
19at an election dealing with subject matter other than the
20nomination or election of candidates and shall include, but is
21not limited to, any bond or tax referendum, and questions
22relating to the Constitution.
23 16. "Ordinance providing the form of government of a
24municipality or county pursuant to Article VII of the
25Constitution" includes ordinances, resolutions and petitions
26adopted by referendum which provide for the form of

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

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1election authority, local election official or the State Board
2of Elections is open to the public for a minimum of 7 hours.
3 23. "Homeless individual" means any person who has a
4nontraditional residence, including, but not limited to, a
5shelter, day shelter, park bench, street corner, or space
6under a bridge.
7 24. "Signature" means a name signed in ink or in digitized
8form. This definition does not apply to a nominating or
9candidate petition or a referendum petition.
10 25. "Intelligent mail barcode tracking system" means a
11printed trackable barcode attached to the return business
12reply envelope for mail-in ballots under Article 19 or Article
1320 that allows an election authority to determine the date the
14envelope was mailed in absence of a postmark.
15 26. "Office elected by ranked-choice voting" means any
16member of the General Assembly, as well as the offices of
17Governor, Lieutenant Governor, Attorney General, Secretary of
18State, Comptroller, and Treasurer. These offices shall only be
19elected by ranked-choice voting during a general or special
20election, and not during a primary, consolidated primary, or
21similar election.
22(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
23 (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
24 Sec. 16-3. (a) Except as provided in Section 16-4.2 of
25this Code, the The names of all candidates to be voted for in

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1each election district or precinct shall be printed on one
2ballot, except as is provided in Sections 16-6.1 and 21-1.01
3of this Act and except as otherwise provided in this Act with
4respect to the odd year regular elections and the emergency
5referenda; all nominations of any political party being placed
6under the party appellation or title of such party as
7designated in the certificates of nomination or petitions. The
8names of all independent candidates shall be printed upon the
9ballot in a column or columns under the heading "independent"
10arranged under the names or titles of the respective offices
11for which such independent candidates shall have been
12nominated and so far as practicable, the name or names of any
13independent candidate or candidates for any office shall be
14printed upon the ballot opposite the name or names of any
15candidate or candidates for the same office contained in any
16party column or columns upon said ballot. The ballot shall
17contain no other names, except that in cases of electors for
18President and Vice-President of the United States, the names
19of the candidates for President and Vice-President may be
20added to the party designation and words calculated to aid the
21voter in his choice of candidates may be added, such as "Vote
22for one," "Vote for not more than three." If no candidate or
23candidates file for an office and if no person or persons file
24a declaration as a write-in candidate for that office, then
25below the title of that office the election authority instead
26shall print "No Candidate". When an electronic voting system

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1is used which utilizes a ballot label booklet, the candidates
2and questions shall appear on the pages of such booklet in the
3order provided by this Code; and, in any case where candidates
4for an office appear on a page which does not contain the name
5of any candidate for another office, and where less than 50% of
6the page is utilized, the name of no candidate shall be printed
7on the lowest 25% of such page. On the back or outside of the
8ballot, so as to appear when folded, shall be printed the words
9"Official Ballot", followed by the designation of the polling
10place for which the ballot is prepared, the date of the
11election and a facsimile of the signature of the election
12authority who has caused the ballots to be printed. The
13ballots shall be of plain white paper, through which the
14printing or writing cannot be read. However, ballots for use
15at the nonpartisan and consolidated elections may be printed
16on different color paper, except blue paper, whenever
17necessary or desirable to facilitate distinguishing between
18ballots for different political subdivisions. In the case of
19nonpartisan elections for officers of a political subdivision,
20unless the statute or an ordinance adopted pursuant to Article
21VII of the Constitution providing the form of government
22therefor requires otherwise, the column listing such
23nonpartisan candidates shall be printed with no appellation or
24circle at its head. The party appellation or title, or the word
25"independent" at the head of any column provided for
26independent candidates, shall be printed in letters not less

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1than one-fourth of an inch in height and a circle one-half inch
2in diameter shall be printed at the beginning of the line in
3which such appellation or title is printed, provided, however,
4that no such circle shall be printed at the head of any column
5or columns provided for such independent candidates. The names
6of candidates shall be printed in letters not less than
7one-eighth nor more than one-fourth of an inch in height, and
8at the beginning of each line in which a name of a candidate is
9printed a square shall be printed, the sides of which shall be
10not less than one-fourth of an inch in length. However, the
11names of the candidates for Governor and Lieutenant Governor
12on the same ticket shall be printed within a bracket and a
13single square shall be printed in front of the bracket. The
14list of candidates of the several parties and any such list of
15independent candidates shall be placed in separate columns on
16the ballot in such order as the election authorities charged
17with the printing of the ballots shall decide; provided, that
18the names of the candidates of the several political parties,
19certified by the State Board of Elections to the several
20county clerks shall be printed by the county clerk of the
21proper county on the official ballot in the order certified by
22the State Board of Elections. Any county clerk refusing,
23neglecting or failing to print on the official ballot the
24names of candidates of the several political parties in the
25order certified by the State Board of Elections, and any
26county clerk who prints or causes to be printed upon the

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1official ballot the name of a candidate, for an office to be
2filled by the Electors of the entire State, whose name has not
3been duly certified to him upon a certificate signed by the
4State Board of Elections shall be guilty of a Class C
5misdemeanor.
6 (b) When an electronic voting system is used which
7utilizes a ballot card, on the inside flap of each ballot card
8envelope there shall be printed a form for write-in voting
9which shall be substantially as follows:
10
WRITE-IN VOTES
11 (See card of instructions for specific information.
12Duplicate form below by hand for additional write-in votes.)
13 _____________________________
14 Title of Office
15( ) ____________________________
16 Name of Candidate
17 Write-in lines equal to the number of candidates for which
18a voter may vote shall be printed for an office only if one or
19more persons filed declarations of intent to be write-in
20candidates or qualify to file declarations to be write-in
21candidates under Sections 17-16.1 and 18-9.1 when the
22certification of ballot contains the words "OBJECTION
23PENDING".
24 (c) When an electronic voting system is used which uses a
25ballot sheet, the instructions to voters on the ballot sheet
26shall refer the voter to the card of instructions for specific

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1information on write-in voting. Below each office appearing on
2such ballot sheet there shall be a provision for the casting of
3a write-in vote. Write-in lines equal to the number of
4candidates for which a voter may vote shall be printed for an
5office only if one or more persons filed declarations of
6intent to be write-in candidates or qualify to file
7declarations to be write-in candidates under Sections 17-16.1
8and 18-9.1 when the certification of ballot contains the words
9"OBJECTION PENDING".
10 (d) When such electronic system is used, there shall be
11printed on the back of each ballot card, each ballot card
12envelope, and the first page of the ballot label when a ballot
13label is used, the words "Official Ballot," followed by the
14number of the precinct or other precinct identification, which
15may be stamped, in lieu thereof and, as applicable, the number
16and name of the township, ward or other election district for
17which the ballot card, ballot card envelope, and ballot label
18are prepared, the date of the election and a facsimile of the
19signature of the election authority who has caused the ballots
20to be printed. The back of the ballot card shall also include a
21method of identifying the ballot configuration such as a
22listing of the political subdivisions and districts for which
23votes may be cast on that ballot, or a number code identifying
24the ballot configuration or color coded ballots, except that
25where there is only one ballot configuration in a precinct,
26the precinct identification, and any applicable ward

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1identification, shall be sufficient. Ballot card envelopes
2used in punch card systems shall be of paper through which no
3writing or punches may be discerned and shall be of sufficient
4length to enclose all voting positions. However, the election
5authority may provide ballot card envelopes on which no
6precinct number or township, ward or other election district
7designation, or election date are preprinted, if space and a
8preprinted form are provided below the space provided for the
9names of write-in candidates where such information may be
10entered by the judges of election. Whenever an election
11authority utilizes ballot card envelopes on which the election
12date and precinct is not preprinted, a judge of election shall
13mark such information for the particular precinct and election
14on the envelope in ink before tallying and counting any
15write-in vote written thereon. If some method of insuring
16ballot secrecy other than an envelope is used, such
17information must be provided on the ballot itself.
18 (e) In the designation of the name of a candidate on the
19ballot, the candidate's given name or names, initial or
20initials, a nickname by which the candidate is commonly known,
21or a combination thereof, may be used in addition to the
22candidate's surname. If a candidate has changed his or her
23name, whether by a statutory or common law procedure in
24Illinois or any other jurisdiction, within 3 years before the
25last day for filing the petition for nomination, nomination
26papers, or certificate of nomination for that office,

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1whichever is applicable, then (i) the candidate's name on the
2ballot must be followed by "formerly known as (list all prior
3names during the 3-year period) until name changed on (list
4date of each such name change)" and (ii) the petition, papers,
5or certificate must be accompanied by the candidate's
6affidavit stating the candidate's previous names during the
7period specified in (i) and the date or dates each of those
8names was changed; failure to meet these requirements shall be
9grounds for denying certification of the candidate's name for
10the ballot or removing the candidate's name from the ballot,
11as appropriate, but these requirements do not apply to name
12changes resulting from adoption to assume an adoptive parent's
13or parents' surname, marriage to assume a spouse's surname, or
14dissolution of marriage or declaration of invalidity of
15marriage to assume a former surname. No other designation such
16as a political slogan, title, or degree or nickname suggesting
17or implying possession of a title, degree or professional
18status, or similar information may be used in connection with
19the candidate's surname. For purposes of this Section, a
20"political slogan" is defined as any word or words expressing
21or connoting a position, opinion, or belief that the candidate
22may espouse, including but not limited to, any word or words
23conveying any meaning other than that of the personal identity
24of the candidate. A candidate may not use a political slogan as
25part of his or her name on the ballot, notwithstanding that the
26political slogan may be part of the candidate's name.

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1 (f) The State Board of Elections, a local election
2official, or an election authority shall remove any
3candidate's name designation from a ballot that is
4inconsistent with subsection (e) of this Section. In addition,
5the State Board of Elections, a local election official, or an
6election authority shall not certify to any election authority
7any candidate name designation that is inconsistent with
8subsection (e) of this Section.
9 (g) If the State Board of Elections, a local election
10official, or an election authority removes a candidate's name
11designation from a ballot under subsection (f) of this
12Section, then the aggrieved candidate may seek appropriate
13relief in circuit court.
14 Where voting machines or electronic voting systems are
15used, the provisions of this Section may be modified as
16required or authorized by Article 24 or Article 24A, whichever
17is applicable.
18 Nothing in this Section shall prohibit election
19authorities from using or reusing ballot card envelopes which
20were printed before the effective date of this amendatory Act
21of 1985.
22(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;
2395-862, eff. 8-19-08.)
24 (10 ILCS 5/16-4.2 new)
25 Sec. 16-4.2. Ranked-choice ballots.

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1 (a) For an election for an office elected by ranked-choice
2voting that has more than 2 choices, the ballot shall be laid
3out to allow the voter to rank the candidates for an office in
4order of preference. Space shall be provided for a voter to
5include one write-in candidate if he or she desires. The
6ballot shall be as simple and easy to understand as possible.
7Any ballot laid out in such a manner shall be tallied in
8accordance with Section 17-18.2 of this Code.
9 (b) All other requirements of this Article apply with
10regards to ballots for offices elected by ranked-choice voting
11to the extent that they do not contradict the provisions of
12this amendatory Act of the 102nd General Assembly.
13 (10 ILCS 5/17-11) (from Ch. 46, par. 17-11)
14 Sec. 17-11. On receipt of his ballot the voter shall
15forthwith, and without leaving the inclosed space, retire
16alone, or accompanied by children as provided in Section 17-8,
17to one of the voting booths so provided and shall prepare his
18ballot by making in the appropriate margin or place a cross (X)
19opposite the name of the candidate of his choice for each
20office to be filled, or by writing in the name of the candidate
21of his choice in a blank space on said ticket, making a cross
22(X) opposite thereto; and in case of a question submitted to
23the vote of the people, by making in the appropriate margin or
24place a cross (X) against the answer he desires to give. A
25cross (X) in the square in front of the bracket enclosing the

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1names of a team of candidates for Governor and Lieutenant
2Governor counts as one vote for each of such candidates.
3Before leaving the voting booth the voter shall fold his
4ballot in such manner as to conceal the marks thereon. He shall
5then vote forthwith in the manner herein provided, except that
6the number corresponding to the number of the voter on the poll
7books shall not be indorsed on the back of his ballot. He shall
8mark and deliver his ballot without undue delay, and shall
9quit said inclosed space as soon as he has voted; except that
10immediately after voting, the voter shall be instructed
11whether the voting equipment, if used, accepted or rejected
12the ballot or identified the ballot as under-voted for a
13statewide constitutional office. A voter whose ballot is
14identified as under-voted may return to the voting booth and
15complete the voting of that ballot. A voter whose ballot is not
16accepted by the voting equipment may, upon surrendering the
17ballot, request and vote another ballot. The voter's
18surrendered ballot shall be initialed by the election judge
19and handled as provided in the appropriate Article governing
20that voting equipment.
21 No voter shall be allowed to occupy a voting booth already
22occupied by another, nor remain within said inclosed space
23more than ten minutes, nor to occupy a voting booth more than
24five minutes in case all of said voting booths are in use and
25other voters waiting to occupy the same. No voter not an
26election officer, shall, after having voted, be allowed to

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1re-enter said inclosed space during said election. No person
2shall take or remove any ballot from the polling place before
3the close of the poll. No voter shall vote or offer to vote any
4ballot except such as he has received from the judges of
5election in charge of the ballots. Any voter who shall, by
6accident or mistake, spoil his ballot, may, on returning said
7spoiled ballot, receive another in place thereof only after
8the word "spoiled" has been written in ink diagonally across
9the entire face of the ballot returned by the voter.
10 Where voting machines or electronic voting systems are
11used, the provisions of this section may be modified as
12required or authorized by Article 24, 24A, 24B, or 24C,
13whichever is applicable, except that the requirements of this
14Section that (i) the voter must be notified of the voting
15equipment's acceptance or rejection of the voter's ballot or
16identification of an under-vote for a statewide constitutional
17office and (ii) the voter shall have the opportunity to
18correct an under-vote or surrender the ballot that was not
19accepted and vote another ballot shall not be modified.
20 Where a ranked-choice balloting is used for an office
21elected by ranked-choice balloting, the voter may rank his or
22her preferences for the candidates for that office. A voter
23shall not be required to rank all candidates for that office. A
24cross (X) for only one candidate shall be interpreted as a vote
25of rank 1 for that particular candidate, with no other
26candidate being ranked. Crosses (X) for 2 or more candidates

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1shall not count as votes for any candidate, and shall cause the
2ballot to be identified as under-voted, subject to the
3provisions for under-voted ballots under Section 18-5.
4(Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
5 (10 ILCS 5/17-18) (from Ch. 46, par. 17-18)
6 Sec. 17-18. Immediately upon closing the polls the judges
7shall proceed to canvass the votes polled. They shall first
8count the whole number of ballots in the box. If 2 or more
9ballots are folded together so as to appear to have been cast
10by the same person, all of the ballots so folded together shall
11be marked and returned with the other ballots in the same
12conditions, as near as may be, in which they were found when
13first opened, but shall not be counted. If the remaining
14ballots shall be found to exceed the number of applications
15for ballot, the ballots shall be replaced in the box, and the
16box closed and well shaken and again opened and one of the
17judges shall publicly draw out so many ballots unopened as
18shall be equal to such excess; and the number of the ballots
19agreeing with the poll lists, or being made to agree. Such
20excess ballots shall be marked "Excess-Not Counted" and signed
21by a majority of the judges and shall be placed in the "After
226:00 p.m. Defective Ballots Envelope". The number of excess
23ballots shall be noted in the remarks section of the
24Certificate of Results. "Excess" ballots shall not be counted
25in the total of "defective" ballots.

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1 The judges shall then proceed to count and record the
2votes; and when the judges of election shall open and read the
3ballots, 3 judges, with at least one from each political party
4from which the precinct judges were chosen, shall carefully
5and correctly mark down upon the three tally sheets the vote
6each candidate has received, in a separate box prepared for
7that purpose, with the name of such candidate at the head of
8such box, and the office designated by the votes such
9candidate shall fill. Whenever a proposition is submitted to
10the electors at the same election, the ballots for or against
11such proposition shall always be canvassed, counted or
12tallied. The votes shall be canvassed in the room or place
13where the election is held, and the judges shall not allow the
14ballot box, or any of the ballots, or the applications for
15ballot, or any of the tally sheets to be removed or carried
16away from such room or place, until the canvass of the vote is
17completed, and the returns carefully enveloped and sealed up
18as provided by law.
19 Where voting machines or electronic voting systems are
20used, the provisions of this section may be modified as
21required or authorized by Article 24 or Article 24A, whichever
22is applicable.
23 Where ranked-choice ballot tallying is used for an office
24elected by ranked-choice voting, the provisions of this
25Section may be modified as required or authorized by Section
2616-4.2 or Section 17-18.2 of this Code, whichever is

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1applicable.
2(Source: P.A. 83-333.)
3 (10 ILCS 5/17-18.2 new)
4 Sec. 17-18.2. Ranked-choice ballot tallying.
5 (a) As used in this Section,
6 "Batch elimination" means the simultaneous defeat of
7multiple candidates for whom it is mathematically impossible
8to be elected.
9 "Continuing ballot" means a ballot that is not an
10exhausted ballot.
11 "Continuing candidate" means a candidate who has not been
12defeated.
13 "Exhausted ballot" means a ballot that does not rank any
14continuing candidate, contains an overvote at the highest
15continuing ranking or contains 2 or more sequential skipped
16rankings before its highest continuing ranking.
17 "Highest continuing ranking" means the highest ranking on
18a voter's ballot for a continuing candidate.
19 "Last-place candidate" means the candidate with the fewest
20votes in a round of the ranked-choice voting tallying.
21 "Mathematically impossible to be elected," with respect to
22a candidate, means either:
23 (1) the candidate cannot be elected because the
24 candidate's vote total in a round of the ranked-choice
25 voting tabulation plus all votes that could possibly be

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1 transferred to the candidate in future rounds from
2 candidates with fewer votes or an equal number of votes
3 would not be enough to surpass the candidate with the
4 next-higher vote total in the round; or
5 (2) the candidate has a lower vote total than a
6 candidate described in subparagraph (1) of this
7 definition.
8 "Overvote" means a circumstance in which a voter has
9ranked more than one candidate at the same ranking.
10 "Round" means an instance of the sequence of voting
11tabulation steps established in subsection (b) of this
12Section.
13 "Skipped ranking" means a circumstance in which a voter
14has left a ranking blank and ranks a candidate at a subsequent
15ranking.
16 (b) Except as provided in subsections (c) and (d) of this
17Section, the following procedures are used to determine the
18winner in an election for an office elected by ranked-choice
19voting. Tallying must proceed in rounds. In each round, the
20number of votes for each continuing candidate must be counted.
21Each continuing ballot counts as one vote for its
22highest-ranked continuing candidate for that round. Exhausted
23ballots are not counted for any continuing candidate. The
24round then ends with one of the following 2 potential
25outcomes:
26 (1) If there are 2 or fewer continuing candidates, the

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1 candidate with the most votes is declared the winner of
2 the election.
3 (2) If there are more than 2 continuing candidates,
4 the last-place candidate is defeated and a new round
5 begins.
6 (c) A tie under this Section between candidates for the
7most votes in the final round or a tie between last-place
8candidates in any round must be decided by lot, and the
9candidate chosen by lot is defeated. The result of the tie
10resolution must be recorded and reused in the event of a
11recount. Election authorities may resolve prospective ties
12between candidates before the election.
13 (d) Modification of a ranked-choice voting ballot and
14tabulation is permitted in accordance with the following:
15 (1) The number of allowable rankings may be limited to
16 no fewer than 6.
17 (2) Two or more candidates may be defeated
18 simultaneously by batch elimination in any round of
19 tabulation.
20 (e) For all statutory and constitutional provisions in the
21State pertaining to the rights of political parties, the
22number of votes cast for a party's candidate for an office
23elected by ranked-choice voting is the number of votes
24credited to that candidate after the initial counting in the
25first round described in subsection (b).
26 (f) The State Board of Elections may adopt rules to

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

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

HB2416- 25 -LRB102 14268 SMS 19620 b
1identification may include a lease or contract for a residence
2and not more than one piece of mail addressed to the person at
3his current residence address and postmarked not earlier than
430 days prior to the date of the election, or the person shall
5procure a witness personally known to the judges of election,
6and resident in the precinct (or district), or who shall be
7proved by some legal voter of such precinct or district, known
8to the judges to be such, who shall take the oath following,
9viz:
10 I do solemnly swear (or affirm) that I am a resident of
11this election precinct (or district), and entitled to vote at
12this election, and that I have been a resident of this State
13for 30 days last past, and am well acquainted with the person
14whose vote is now offered; that he is an actual and bona fide
15resident of this election precinct (or district), and has
16resided herein 30 days, and as I verily believe, in this State,
1730 days next preceding this election.
18 The oath in each case may be administered by one of the
19judges of election, or by any officer, resident in the
20precinct or district, authorized by law to administer oaths.
21Also supported by an affidavit by a registered voter residing
22in such precinct, stating his own residence, and that he knows
23such person; and that he does reside at the place mentioned and
24has resided in such precinct and state for the length of time
25as stated by such person, which shall be subscribed and sworn
26to in the same way. For purposes of this Section, the

HB2416- 26 -LRB102 14268 SMS 19620 b
1submission of a photo identification issued by a college or
2university, accompanied by either (i) a copy of the
3applicant's contract or lease for a residence or (ii) one
4piece of mail addressed to the person at his or her current
5residence address and postmarked not earlier than 30 days
6prior to the date of the election, shall be sufficient to
7establish proof of residence. Whereupon the vote of such
8person shall be received, and entered as other votes. But such
9judges, having charge of such registers, shall state in their
10respective books the facts in such case, and the affidavits,
11so delivered to the judges, shall be preserved and returned to
12the office of the commissioners of election. Blank affidavits
13of the character aforesaid shall be sent out to the judges of
14all the precincts, and the judges of election shall furnish
15the same on demand and administer the oaths without criticism.
16Such oaths, if administered by any other officer than such
17judge of election, shall not be received. Whenever a proposal
18for a constitutional amendment or for the calling of a
19constitutional convention is to be voted upon at the election,
20the separate blue ballot or ballots pertaining thereto shall
21be placed on top of the other ballots to be voted at the
22election in such manner that the legend appearing on the back
23thereof, as prescribed in Section 16-6 of this Act, shall be
24plainly visible to the voter, and in this fashion the ballots
25shall be handed to the voter by the judge.
26 Immediately after voting, the voter shall be instructed

HB2416- 27 -LRB102 14268 SMS 19620 b
1whether the voting equipment, if used, accepted or rejected
2the ballot or identified the ballot as under-voted. A voter
3whose ballot is identified as under-voted for an office
4elected by ranked-choice voting a statewide constitutional
5office may return to the voting booth and complete the voting
6of that ballot. A voter whose ballot is not accepted by the
7voting equipment may, upon surrendering the ballot, request
8and vote another ballot. If a ballot for an office elected by
9ranked-choice voting is considered under-voted because the
10ballot has crosses (X) for 2 or more candidates, the voter may,
11upon surrendering the ballot, request and vote upon another
12ballot. The voter's surrendered ballot shall be initialed by
13the election judge and handled as provided in the appropriate
14Article governing that voting equipment.
15 The voter shall, upon quitting the voting booth, deliver
16to one of the judges of election all of the ballots, properly
17folded, which he received. The judge of election to whom the
18voter delivers his ballots shall not accept the same unless
19all of the ballots given to the voter are returned by him. If a
20voter delivers less than all of the ballots given to him, the
21judge to whom the same are offered shall advise him in a voice
22clearly audible to the other judges of election that the voter
23must return the remainder of the ballots. The statement of the
24judge to the voter shall clearly express the fact that the
25voter is not required to vote such remaining ballots but that
26whether or not he votes them he must fold and deliver them to

HB2416- 28 -LRB102 14268 SMS 19620 b
1the judge. In making such statement the judge of election
2shall not indicate by word, gesture or intonation of voice
3that the unreturned ballots shall be voted in any particular
4manner. No new voter shall be permitted to enter the voting
5booth of a voter who has failed to deliver the total number of
6ballots received by him until such voter has returned to the
7voting booth pursuant to the judge's request and again quit
8the booth with all of the ballots required to be returned by
9him. Upon receipt of all such ballots the judges of election
10shall enter the name of the voter, and his number, as above
11provided in this Section, and the judge to whom the ballots are
12delivered shall immediately put the ballots into the ballot
13box. If any voter who has failed to deliver all the ballots
14received by him refuses to return to the voting booth after
15being advised by the judge of election as herein provided, the
16judge shall inform the other judges of such refusal, and
17thereupon the ballot or ballots returned to the judge shall be
18deposited in the ballot box, the voter shall be permitted to
19depart from the polling place, and a new voter shall be
20permitted to enter the voting booth.
21 The judge of election who receives the ballot or ballots
22from the voter shall announce the residence and name of such
23voter in a loud voice. The judge shall put the ballot or
24ballots received from the voter into the ballot box in the
25presence of the voter and the judges of election, and in plain
26view of the public. The judges having charge of such registers

HB2416- 29 -LRB102 14268 SMS 19620 b
1shall then, in a column prepared thereon, in the same line of,
2the name of the voter, mark "Voted" or the letter "V".
3 No judge of election shall accept from any voter less than
4the full number of ballots received by such voter without
5first advising the voter in the manner above provided of the
6necessity of returning all of the ballots, nor shall any such
7judge advise such voter in a manner contrary to that which is
8herein permitted, or in any other manner violate the
9provisions of this Section; provided, that the acceptance by a
10judge of election of less than the full number of ballots
11delivered to a voter who refuses to return to the voting booth
12after being properly advised by such judge shall not be a
13violation of this Section.
14 Where ranked-choice ballot tallying is used for an office
15elected by ranked-choice voting, the voter may rank his or her
16preferences for the candidates for that office. A voter shall
17not be required to rank all candidates for that office. A cross
18(X) for only one candidate shall be interpreted as a vote of
19rank 1 for that particular candidate, with no other candidate
20being ranked. Crosses (X) for 2 or more candidates shall not
21count as votes for any candidate, and shall cause the ballot to
22be identified as under-voted, shall be subject to the
23provisions for under-voted ballots in this Section.
24(Source: P.A. 98-1171, eff. 6-1-15.)
25 (10 ILCS 5/18-9) (from Ch. 46, par. 18-9)

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1 Sec. 18-9. The judges of election shall first count the
2whole number of ballots in the box. If the ballots shall be
3found to exceed the number of applications for ballot, they
4shall reject the ballots, if any, found folded inside of a
5ballot. And if the ballots and the applications for ballot
6still do not agree after such rejection, the ballots shall be
7replaced in the box and the box closed and well shaken, and
8again opened; and one of the judges shall publicly draw out so
9many ballots unopened as shall be equal to such excess. Such
10excess ballots shall be marked "Excess-Not Counted" and signed
11by a majority of judges and shall be placed in the "After 6:00
12p.m. Defective Ballots Envelope". The number of excess ballots
13shall be noted in the remarks section of the Certificate of
14Results. "Excess" ballots shall not be counted in the total of
15"defective" ballots. And the ballots and applications for
16ballot being made to agree in this way, the judges shall
17proceed to count the votes in the following manner: The judges
18shall open the ballots and place those which contain the same
19names together, so that the several kinds shall be in separate
20piles or on separate files. Each of the judges shall examine
21the separate files which are, or are supposed to be, alike, and
22exclude from such files any which may have a name or an
23erasure, or in any manner shall be different from the others of
24such file. One of the judges shall then take one file of the
25kind of ballots which contain the same names, and count them by
26tens, carefully examining each name on each of the ballots.

HB2416- 31 -LRB102 14268 SMS 19620 b
1Such judge shall then pass the ten ballots aforesaid to the
2judge sitting next to him, who shall count them in the same
3manner, who shall then pass them to a third judge, who shall
4also count them in the same manner. Then the third judge shall
5call the names of the persons named in the ten ballots, and the
6offices for which they are designated, and 2 of the judges, who
7did not assist in the counting shall tally ten votes for each
8of such persons, except as herein otherwise provided. When the
9judges shall have gone through such file of ballots,
10containing the same names, and shall count them by tens in the
11same way, and shall call the names of the persons named in the
12ballots and the office for which they are designated, the
13tally judges shall tally the votes by tens for each of such
14persons in the same manner as in the first instance. When the
15counting of each file of ballots which contain the same names
16shall be completed, the tally judges shall compare their
17tallies together and ascertain the total number of ballots of
18that kind so canvassed; and when they agree upon the number,
19one of them shall announce it in a loud voice to the other
20judges. The judges shall then canvass the other kinds of
21ballots which do not correspond, those containing names partly
22from one kind of ballots and partly from another, being those
23from which the name of the person proper to be voted for on
24such ballots has been omitted or erased, usually called
25"scratched tickets". They shall be canvassed separately by one
26of the judges sitting between 2 other judges, which judge

HB2416- 32 -LRB102 14268 SMS 19620 b
1shall call each name to the tally judges and the office for
2which it is designated, and the other judges looking at the
3ballot at the same time, and the tally judges making tally of
4the same. When all the ballots have been canvassed in this
5manner, the tally judges shall compare their tallies together,
6and ascertain the total number of votes received by each
7candidate and when they agree upon the numbers one of them
8shall announce in a loud voice to the judges the number of
9votes received by each candidate on each of the kinds of
10ballots containing his name, the number received by him on
11scratch tickets, and the total number of votes received by
12him.
13 The votes for the offices of Governor and Lieutenant
14Governor shall be counted and tallied jointly.
15 Where voting machines or electronic voting systems are
16used, the provisions of this section may be modified as
17required or authorized by Article 24 or Article 24A, whichever
18is applicable.
19 Where ranked-choice ballot tallying is used for an office
20elected by ranked-choice voting, the provisions of this
21Section may be modified as required or authorized by Section
2216-4.2 of this Code and the judges shall abide by Section
2317-18.2 of this Code, as applicable.
24(Source: P.A. 89-700, eff. 1-17-97.)
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