Bill Text: IL HB2431 | 2025-2026 | 104th 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) 2025-02-04 - Referred to Rules Committee [HB2431 Detail]
Download: Illinois-2025-HB2431-Introduced.html
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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||||
3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||||||||||||||||
5 | Sections 1-3, 16-3, 17-11, 17-18, 18-5, and 18-9 and by adding | |||||||||||||||||||||||||||||||||
6 | Sections 16-4.2 and 17-18.2 as follows:
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7 | (10 ILCS 5/1-3) (from Ch. 46, par. 1-3) | |||||||||||||||||||||||||||||||||
8 | Sec. 1-3. As used in this Act, unless the context | |||||||||||||||||||||||||||||||||
9 | otherwise requires: | |||||||||||||||||||||||||||||||||
10 | 1. "Election" includes the submission of all questions of | |||||||||||||||||||||||||||||||||
11 | public policy, propositions, and all measures submitted to | |||||||||||||||||||||||||||||||||
12 | popular vote, and includes primary elections when so indicated | |||||||||||||||||||||||||||||||||
13 | by the context. | |||||||||||||||||||||||||||||||||
14 | 2. "Regular election" means the general, general primary, | |||||||||||||||||||||||||||||||||
15 | consolidated and consolidated primary elections regularly | |||||||||||||||||||||||||||||||||
16 | scheduled in Article 2A. The even numbered year municipal | |||||||||||||||||||||||||||||||||
17 | primary established in Article 2A is a regular election only | |||||||||||||||||||||||||||||||||
18 | with respect to those municipalities in which a primary is | |||||||||||||||||||||||||||||||||
19 | required to be held on such date. | |||||||||||||||||||||||||||||||||
20 | 3. "Special election" means an election not regularly | |||||||||||||||||||||||||||||||||
21 | recurring at fixed intervals, irrespective of whether it is | |||||||||||||||||||||||||||||||||
22 | held at the same time and place and by the same election | |||||||||||||||||||||||||||||||||
23 | officers as a regular election. |
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1 | 4. "General election" means the biennial election at which | ||||||
2 | members of the General Assembly are elected. "General primary | ||||||
3 | election", "consolidated election" and "consolidated primary | ||||||
4 | election" mean the respective elections or the election dates | ||||||
5 | designated and established in Article 2A of this Code. | ||||||
6 | 5. "Municipal election" means an election or primary, | ||||||
7 | either regular or special, in cities, villages, and | ||||||
8 | incorporated towns; and "municipality" means any such city, | ||||||
9 | village or incorporated town. | ||||||
10 | 6. "Political or governmental subdivision" means any unit | ||||||
11 | of local government, or school district in which elections are | ||||||
12 | or may be held. "Political or governmental subdivision" also | ||||||
13 | includes, for election purposes, Regional Boards of School | ||||||
14 | Trustees, and Township Boards of School Trustees. | ||||||
15 | 7. The word "township" and the word "town" shall apply | ||||||
16 | interchangeably to the type of governmental organization | ||||||
17 | established in accordance with the provisions of the Township | ||||||
18 | Code. The term "incorporated town" shall mean a municipality | ||||||
19 | referred to as an incorporated town in the Illinois Municipal | ||||||
20 | Code, as now or hereafter amended. | ||||||
21 | 8. "Election authority" means a county clerk or a Board of | ||||||
22 | Election Commissioners. | ||||||
23 | 9. "Election Jurisdiction" means (a) an entire county, in | ||||||
24 | the case of a county in which no city board of election | ||||||
25 | commissioners is located or which is under the jurisdiction of | ||||||
26 | a county board of election commissioners; (b) the territorial |
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1 | jurisdiction of a city board of election commissioners; and | ||||||
2 | (c) the territory in a county outside of the jurisdiction of a | ||||||
3 | city board of election commissioners. In each instance | ||||||
4 | election jurisdiction shall be determined according to which | ||||||
5 | election authority maintains the permanent registration | ||||||
6 | records of qualified electors. | ||||||
7 | 10. "Local election official" means the clerk or secretary | ||||||
8 | of a unit of local government or school district, as the case | ||||||
9 | may be, the treasurer of a township board of school trustees, | ||||||
10 | and the regional superintendent of schools with respect to the | ||||||
11 | various school officer elections and school referenda for | ||||||
12 | which the regional superintendent is assigned election duties | ||||||
13 | by The School Code, as now or hereafter amended. | ||||||
14 | 11. "Judges of election", "primary judges" and similar | ||||||
15 | terms, as applied to cases where there are 2 sets of judges, | ||||||
16 | when used in connection with duties at an election during the | ||||||
17 | hours the polls are open, refer to the team of judges of | ||||||
18 | election on duty during such hours; and, when used with | ||||||
19 | reference to duties after the closing of the polls, refer to | ||||||
20 | the team of tally judges designated to count the vote after the | ||||||
21 | closing of the polls and the holdover judges designated | ||||||
22 | pursuant to Section 13-6.2 or 14-5.2. In such case, where, | ||||||
23 | after the closing of the polls, any act is required to be | ||||||
24 | performed by each of the judges of election, it shall be | ||||||
25 | performed by each of the tally judges and by each of the | ||||||
26 | holdover judges. |
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1 | 12. "Petition" of candidacy as used in Sections 7-10 and | ||||||
2 | 7-10.1 shall consist of a statement of candidacy, candidate's | ||||||
3 | statement containing oath, and sheets containing signatures of | ||||||
4 | qualified primary electors bound together. | ||||||
5 | 13. "Election district" and "precinct", when used with | ||||||
6 | reference to a 30-day residence requirement, means the | ||||||
7 | smallest constituent territory in which electors vote as a | ||||||
8 | unit at the same polling place in any election governed by this | ||||||
9 | Act. | ||||||
10 | 14. "District" means any area which votes as a unit for the | ||||||
11 | election of any officer, other than the State or a unit of | ||||||
12 | local government or school district, and includes, but is not | ||||||
13 | limited to, legislative, congressional and judicial districts, | ||||||
14 | judicial circuits, county board districts, municipal and | ||||||
15 | sanitary district wards, school board districts, and | ||||||
16 | precincts. | ||||||
17 | 15. "Question of public policy" or "public question" means | ||||||
18 | any question, proposition or measure submitted to the voters | ||||||
19 | at an election dealing with subject matter other than the | ||||||
20 | nomination or election of candidates and shall include, but is | ||||||
21 | not limited to, any bond or tax referendum, and questions | ||||||
22 | relating to the Constitution. | ||||||
23 | 16. "Ordinance providing the form of government of a | ||||||
24 | municipality or county pursuant to Article VII of the | ||||||
25 | Constitution" includes ordinances, resolutions and petitions | ||||||
26 | adopted by referendum which provide for the form of |
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1 | government, the officers or the manner of selection or terms | ||||||
2 | of office of officers of such municipality or county, pursuant | ||||||
3 | to the provisions of Sections 4, 6 or 7 of Article VII of the | ||||||
4 | Constitution. | ||||||
5 | 17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, | ||||||
6 | 6-60, and 6-66 shall include a computer tape or computer disc | ||||||
7 | or other electronic data processing information containing | ||||||
8 | voter information. | ||||||
9 | 18. "Accessible" means accessible to persons with | ||||||
10 | disabilities and elderly individuals for the purpose of voting | ||||||
11 | or registration, as determined by rule of the State Board of | ||||||
12 | Elections. | ||||||
13 | 19. "Elderly" means 65 years of age or older. | ||||||
14 | 20. "Person with a disability" means a person having a | ||||||
15 | temporary or permanent physical disability. | ||||||
16 | 21. "Leading political party" means one of the two | ||||||
17 | political parties whose candidates for governor at the most | ||||||
18 | recent three gubernatorial elections received either the | ||||||
19 | highest or second highest average number of votes. The | ||||||
20 | political party whose candidates for governor received the | ||||||
21 | highest average number of votes shall be known as the first | ||||||
22 | leading political party and the political party whose | ||||||
23 | candidates for governor received the second highest average | ||||||
24 | number of votes shall be known as the second leading political | ||||||
25 | party. | ||||||
26 | 22. "Business day" means any day in which the office of an |
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1 | election authority, local election official or the State Board | ||||||
2 | of Elections is open to the public for a minimum of 7 hours. | ||||||
3 | 23. "Homeless individual" means any person who has a | ||||||
4 | nontraditional residence, including, but not limited to, a | ||||||
5 | shelter, day shelter, park bench, street corner, or space | ||||||
6 | under a bridge. | ||||||
7 | 24. "Signature" means a name signed in ink or in digitized | ||||||
8 | form. This definition does not apply to a nominating or | ||||||
9 | candidate petition or a referendum petition. | ||||||
10 | 25. "Intelligent mail barcode tracking system" means a | ||||||
11 | printed trackable barcode attached to the return business | ||||||
12 | reply envelope for mail-in ballots under Article 19 or Article | ||||||
13 | 20 that allows an election authority to determine the date the | ||||||
14 | envelope was mailed in absence of a postmark. | ||||||
15 | 26. "Office elected by ranked-choice voting" means any | ||||||
16 | member of the General Assembly, as well as the offices of | ||||||
17 | Governor, Lieutenant Governor, Attorney General, Secretary of | ||||||
18 | State, Comptroller, and Treasurer. These offices shall only be | ||||||
19 | elected by ranked-choice voting during a general or special | ||||||
20 | election, and not during a primary, consolidated primary, or | ||||||
21 | similar election. | ||||||
22 | (Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)
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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 | ||||||
25 | this Code, the The names of all candidates to be voted for in |
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1 | each election district or precinct shall be printed on one | ||||||
2 | ballot, except as is provided in Sections 16-6, 16-6.1, and | ||||||
3 | 21-1.01 of this Code and except as otherwise provided in this | ||||||
4 | Code with respect to the odd year regular elections and the | ||||||
5 | emergency referenda. The lettering of candidate names on a | ||||||
6 | ballot shall be in both capital and lowercase letters in | ||||||
7 | conformance with standard English language guidelines, unless | ||||||
8 | compliance is not feasible due to the election system utilized | ||||||
9 | by the election authority. All nominations of any political | ||||||
10 | party shall be placed under the party appellation or title of | ||||||
11 | such party as designated in the certificates of nomination or | ||||||
12 | petitions. The names of all independent candidates shall be | ||||||
13 | printed upon the ballot in a column or columns under the | ||||||
14 | heading "independent" arranged under the names or titles of | ||||||
15 | the respective offices for which such independent candidates | ||||||
16 | shall have been nominated and so far as practicable, the name | ||||||
17 | or names of any independent candidate or candidates for any | ||||||
18 | office shall be printed upon the ballot opposite the name or | ||||||
19 | names of any candidate or candidates for the same office | ||||||
20 | contained in any party column or columns upon said ballot. The | ||||||
21 | ballot shall contain no other names, except that in cases of | ||||||
22 | electors for President and Vice-President of the United | ||||||
23 | States, the names of the candidates for President and | ||||||
24 | Vice-President may be added to the party designation and words | ||||||
25 | calculated to aid the voter in his choice of candidates may be | ||||||
26 | added, such as "Vote for one , " or "Vote for not more than |
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1 | three " . " If no candidate or candidates file for an office and | ||||||
2 | if no person or persons file a declaration as a write-in | ||||||
3 | candidate for that office, then below the title of that office | ||||||
4 | the election authority instead shall print "No Candidate". | ||||||
5 | When an electronic voting system is used which utilizes a | ||||||
6 | ballot label booklet, the candidates and questions shall | ||||||
7 | appear on the pages of such booklet in the order provided by | ||||||
8 | this Code; and, in any case where candidates for an office | ||||||
9 | appear on a page which does not contain the name of any | ||||||
10 | candidate for another office, and where less than 50% of the | ||||||
11 | page is utilized, the name of no candidate shall be printed on | ||||||
12 | the lowest 25% of such page. On the back or outside of the | ||||||
13 | ballot, so as to appear when folded, shall be printed the words | ||||||
14 | "Official Ballot", followed by the designation of the polling | ||||||
15 | place for which the ballot is prepared, the date of the | ||||||
16 | election and a facsimile of the signature of the election | ||||||
17 | authority who has caused the ballots to be printed. The | ||||||
18 | ballots shall be of plain white paper, through which the | ||||||
19 | printing or writing cannot be read. However, ballots for use | ||||||
20 | at the nonpartisan and consolidated elections may be printed | ||||||
21 | on different color paper, except blue paper, whenever | ||||||
22 | necessary or desirable to facilitate distinguishing between | ||||||
23 | ballots for different political subdivisions. In the case of | ||||||
24 | nonpartisan elections for officers of a political subdivision, | ||||||
25 | unless the statute or an ordinance adopted pursuant to Article | ||||||
26 | VII of the Constitution providing the form of government |
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1 | therefor requires otherwise, the column listing such | ||||||
2 | nonpartisan candidates shall be printed with no appellation or | ||||||
3 | circle at its head. The party appellation or title, or the word | ||||||
4 | "independent" at the head of any column provided for | ||||||
5 | independent candidates, shall be printed in letters not less | ||||||
6 | than one-fourth of an inch in height and a circle one-half inch | ||||||
7 | in diameter shall be printed at the beginning of the line in | ||||||
8 | which such appellation or title is printed, provided, however, | ||||||
9 | that no such circle shall be printed at the head of any column | ||||||
10 | or columns provided for such independent candidates. The names | ||||||
11 | of candidates shall be printed in letters not less than | ||||||
12 | one-eighth nor more than one-fourth of an inch in height, and | ||||||
13 | at the beginning of each line in which a name of a candidate is | ||||||
14 | printed a square shall be printed, the sides of which shall be | ||||||
15 | not less than one-fourth of an inch in length. However, the | ||||||
16 | names of the candidates for Governor and Lieutenant Governor | ||||||
17 | on the same ticket shall be printed within a bracket and a | ||||||
18 | single square shall be printed in front of the bracket. The | ||||||
19 | list of candidates of the several parties and any such list of | ||||||
20 | independent candidates shall be placed in separate columns on | ||||||
21 | the ballot in such order as the election authorities charged | ||||||
22 | with the printing of the ballots shall decide; provided, that | ||||||
23 | the names of the candidates of the several political parties, | ||||||
24 | certified by the State Board of Elections to the several | ||||||
25 | county clerks shall be printed by the county clerk of the | ||||||
26 | proper county on the official ballot in the order certified by |
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1 | the State Board of Elections. Any county clerk refusing, | ||||||
2 | neglecting or failing to print on the official ballot the | ||||||
3 | names of candidates of the several political parties in the | ||||||
4 | order certified by the State Board of Elections, and any | ||||||
5 | county clerk who prints or causes to be printed upon the | ||||||
6 | official ballot the name of a candidate, for an office to be | ||||||
7 | filled by the Electors of the entire State, whose name has not | ||||||
8 | been duly certified to him upon a certificate signed by the | ||||||
9 | State Board of Elections shall be guilty of a Class C | ||||||
10 | misdemeanor. | ||||||
11 | (b) When an electronic voting system is used which | ||||||
12 | utilizes a ballot card, on the inside flap of each ballot card | ||||||
13 | envelope there shall be printed a form for write-in voting | ||||||
14 | which shall be substantially as follows: | ||||||
15 | WRITE-IN VOTES | ||||||
16 | (See card of instructions for specific information. | ||||||
17 | Duplicate form below by hand for additional write-in votes.) | ||||||
18 | .............................
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19 | Title of Office
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20 | ( ) .............................
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21 | Name of Candidate | ||||||
22 | Write-in lines equal to the number of candidates for which | ||||||
23 | a voter may vote shall be printed for an office only if one or | ||||||
24 | more persons filed declarations of intent to be write-in | ||||||
25 | candidates or qualify to file declarations to be write-in | ||||||
26 | candidates under Sections 17-16.1 and 18-9.1 when the |
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1 | certification of ballot contains the words "OBJECTION | ||||||
2 | PENDING". | ||||||
3 | (c) When an electronic voting system is used which uses a | ||||||
4 | ballot sheet, the instructions to voters on the ballot sheet | ||||||
5 | shall refer the voter to the card of instructions for specific | ||||||
6 | information on write-in voting. Below each office appearing on | ||||||
7 | such ballot sheet there shall be a provision for the casting of | ||||||
8 | a write-in vote. Write-in lines equal to the number of | ||||||
9 | candidates for which a voter may vote shall be printed for an | ||||||
10 | office only if one or more persons filed declarations of | ||||||
11 | intent to be write-in candidates or qualify to file | ||||||
12 | declarations to be write-in candidates under Sections 17-16.1 | ||||||
13 | and 18-9.1 when the certification of ballot contains the words | ||||||
14 | "OBJECTION PENDING". | ||||||
15 | (d) When such electronic system is used, there shall be | ||||||
16 | printed on the back of each ballot card, each ballot card | ||||||
17 | envelope, and the first page of the ballot label when a ballot | ||||||
18 | label is used, the words "Official Ballot," followed by the | ||||||
19 | number of the precinct or other precinct identification, which | ||||||
20 | may be stamped, in lieu thereof and, as applicable, the number | ||||||
21 | and name of the township, ward or other election district for | ||||||
22 | which the ballot card, ballot card envelope, and ballot label | ||||||
23 | are prepared, the date of the election and a facsimile of the | ||||||
24 | signature of the election authority who has caused the ballots | ||||||
25 | to be printed. The back of the ballot card shall also include a | ||||||
26 | method of identifying the ballot configuration such as a |
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1 | listing of the political subdivisions and districts for which | ||||||
2 | votes may be cast on that ballot, or a number code identifying | ||||||
3 | the ballot configuration or color coded ballots, except that | ||||||
4 | where there is only one ballot configuration in a precinct, | ||||||
5 | the precinct identification, and any applicable ward | ||||||
6 | identification, shall be sufficient. Ballot card envelopes | ||||||
7 | used in punch card systems shall be of paper through which no | ||||||
8 | writing or punches may be discerned and shall be of sufficient | ||||||
9 | length to enclose all voting positions. However, the election | ||||||
10 | authority may provide ballot card envelopes on which no | ||||||
11 | precinct number or township, ward or other election district | ||||||
12 | designation, or election date are preprinted, if space and a | ||||||
13 | preprinted form are provided below the space provided for the | ||||||
14 | names of write-in candidates where such information may be | ||||||
15 | entered by the judges of election. Whenever an election | ||||||
16 | authority utilizes ballot card envelopes on which the election | ||||||
17 | date and precinct is not preprinted, a judge of election shall | ||||||
18 | mark such information for the particular precinct and election | ||||||
19 | on the envelope in ink before tallying and counting any | ||||||
20 | write-in vote written thereon. If some method of insuring | ||||||
21 | ballot secrecy other than an envelope is used, such | ||||||
22 | information must be provided on the ballot itself. | ||||||
23 | (e) In the designation of the name of a candidate on the | ||||||
24 | ballot, the candidate's given name or names, initial or | ||||||
25 | initials, a nickname by which the candidate is commonly known, | ||||||
26 | or a combination thereof, may be used in addition to the |
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1 | candidate's surname. If a candidate has changed his or her | ||||||
2 | name, whether by a statutory or common law procedure in | ||||||
3 | Illinois or any other jurisdiction, within 3 years before the | ||||||
4 | last day for filing the petition for nomination, nomination | ||||||
5 | papers, or certificate of nomination for that office, | ||||||
6 | whichever is applicable, then (i) the candidate's name on the | ||||||
7 | ballot must be followed by "formerly known as (list all prior | ||||||
8 | names during the 3-year period) until name changed on (list | ||||||
9 | date of each such name change)" and (ii) the petition, papers, | ||||||
10 | or certificate must be accompanied by the candidate's | ||||||
11 | affidavit stating the candidate's previous names during the | ||||||
12 | period specified in (i) and the date or dates each of those | ||||||
13 | names was changed; failure to meet these requirements shall be | ||||||
14 | grounds for denying certification of the candidate's name for | ||||||
15 | the ballot or removing the candidate's name from the ballot, | ||||||
16 | as appropriate, but these requirements do not apply to name | ||||||
17 | changes resulting from adoption to assume an adoptive parent's | ||||||
18 | or parents' surname, marriage or civil union to assume a | ||||||
19 | spouse's surname, or dissolution of marriage or civil union or | ||||||
20 | declaration of invalidity of marriage or civil union to assume | ||||||
21 | a former surname or a name change that conforms the | ||||||
22 | candidate's name to his or her gender identity. No other | ||||||
23 | designation such as a political slogan, title, or degree or | ||||||
24 | nickname suggesting or implying possession of a title, degree | ||||||
25 | or professional status, or similar information may be used in | ||||||
26 | connection with the candidate's surname. For purposes of this |
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1 | Section, a "political slogan" is defined as any word or words | ||||||
2 | expressing or connoting a position, opinion, or belief that | ||||||
3 | the candidate may espouse, including, but not limited to, any | ||||||
4 | word or words conveying any meaning other than that of the | ||||||
5 | personal identity of the candidate. A candidate may not use a | ||||||
6 | political slogan as part of his or her name on the ballot, | ||||||
7 | notwithstanding that the political slogan may be part of the | ||||||
8 | candidate's name. | ||||||
9 | (f) The State Board of Elections, a local election | ||||||
10 | official, or an election authority shall remove any | ||||||
11 | candidate's name designation from a ballot that is | ||||||
12 | inconsistent with subsection (e) of this Section. In addition, | ||||||
13 | the State Board of Elections, a local election official, or an | ||||||
14 | election authority shall not certify to any election authority | ||||||
15 | any candidate name designation that is inconsistent with | ||||||
16 | subsection (e) of this Section. | ||||||
17 | (g) If the State Board of Elections, a local election | ||||||
18 | official, or an election authority removes a candidate's name | ||||||
19 | designation from a ballot under subsection (f) of this | ||||||
20 | Section, then the aggrieved candidate may seek appropriate | ||||||
21 | relief in circuit court. | ||||||
22 | Where voting machines or electronic voting systems are | ||||||
23 | used, the provisions of this Section may be modified as | ||||||
24 | required or authorized by Article 24 or Article 24A, whichever | ||||||
25 | is applicable. | ||||||
26 | Nothing in this Section shall prohibit election |
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1 | authorities from using or reusing ballot card envelopes which | ||||||
2 | were printed before January 1, 1986 (the effective date of | ||||||
3 | Public Act 84-820). | ||||||
4 | (Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23; | ||||||
5 | 103-467, eff. 8-4-23; revised 7-23-24.)
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6 | (10 ILCS 5/16-4.2 new) | ||||||
7 | Sec. 16-4.2. Ranked-choice ballots. | ||||||
8 | (a) For an election for an office elected by ranked-choice | ||||||
9 | voting that has more than 2 choices, the ballot shall be laid | ||||||
10 | out to allow the voter to rank the candidates for an office in | ||||||
11 | order of preference. Space shall be provided for a voter to | ||||||
12 | include one write-in candidate if he or she desires. The | ||||||
13 | ballot shall be as simple and easy to understand as possible. | ||||||
14 | Any ballot laid out in such a manner shall be tallied in | ||||||
15 | accordance with Section 17-18.2 of this Code. | ||||||
16 | (b) All other requirements of this Article apply with | ||||||
17 | regards to ballots for offices elected by ranked-choice voting | ||||||
18 | to the extent that they do not contradict the provisions of | ||||||
19 | this amendatory Act of the 104th General Assembly.
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20 | (10 ILCS 5/17-11) (from Ch. 46, par. 17-11) | ||||||
21 | Sec. 17-11. On receipt of his ballot the voter shall | ||||||
22 | forthwith, and without leaving the inclosed space, retire | ||||||
23 | alone, or accompanied by children as provided in Section 17-8, | ||||||
24 | to one of the voting booths so provided and shall prepare his |
| |||||||
| |||||||
1 | ballot by making in the appropriate margin or place a cross (X) | ||||||
2 | opposite the name of the candidate of his choice for each | ||||||
3 | office to be filled, or by writing in the name of the candidate | ||||||
4 | of his choice in a blank space on said ticket, making a cross | ||||||
5 | (X) opposite thereto; and in case of a question submitted to | ||||||
6 | the vote of the people, by making in the appropriate margin or | ||||||
7 | place a cross (X) against the answer he desires to give. A | ||||||
8 | cross (X) in the square in front of the bracket enclosing the | ||||||
9 | names of a team of candidates for Governor and Lieutenant | ||||||
10 | Governor counts as one vote for each of such candidates. | ||||||
11 | Before leaving the voting booth the voter shall fold his | ||||||
12 | ballot in such manner as to conceal the marks thereon. He shall | ||||||
13 | then vote forthwith in the manner herein provided, except that | ||||||
14 | the number corresponding to the number of the voter on the poll | ||||||
15 | books shall not be indorsed on the back of his ballot. He shall | ||||||
16 | mark and deliver his ballot without undue delay, and shall | ||||||
17 | quit said inclosed space as soon as he has voted; except that | ||||||
18 | immediately after voting, the voter shall be instructed | ||||||
19 | whether the voting equipment, if used, accepted or rejected | ||||||
20 | the ballot or identified the ballot as under-voted for a | ||||||
21 | statewide constitutional office. A voter whose ballot is | ||||||
22 | identified as under-voted may return to the voting booth and | ||||||
23 | complete the voting of that ballot. A voter whose ballot is not | ||||||
24 | accepted by the voting equipment may, upon surrendering the | ||||||
25 | ballot, request and vote another ballot. The voter's | ||||||
26 | surrendered ballot shall be initialed by the election judge |
| |||||||
| |||||||
1 | and handled as provided in the appropriate Article governing | ||||||
2 | that voting equipment. | ||||||
3 | No voter shall be allowed to occupy a voting booth already | ||||||
4 | occupied by another, nor remain within said inclosed space | ||||||
5 | more than ten minutes, nor to occupy a voting booth more than | ||||||
6 | five minutes in case all of said voting booths are in use and | ||||||
7 | other voters waiting to occupy the same. No voter not an | ||||||
8 | election officer, shall, after having voted, be allowed to | ||||||
9 | re-enter said inclosed space during said election. No person | ||||||
10 | shall take or remove any ballot from the polling place before | ||||||
11 | the close of the poll. No voter shall vote or offer to vote any | ||||||
12 | ballot except such as he has received from the judges of | ||||||
13 | election in charge of the ballots. Any voter who shall, by | ||||||
14 | accident or mistake, spoil his ballot, may, on returning said | ||||||
15 | spoiled ballot, receive another in place thereof only after | ||||||
16 | the word "spoiled" has been written in ink diagonally across | ||||||
17 | the entire face of the ballot returned by the voter. | ||||||
18 | Where voting machines or electronic voting systems are | ||||||
19 | used, the provisions of this section may be modified as | ||||||
20 | required or authorized by Article 24, 24A, 24B, or 24C, | ||||||
21 | whichever is applicable, except that the requirements of this | ||||||
22 | Section that (i) the voter must be notified of the voting | ||||||
23 | equipment's acceptance or rejection of the voter's ballot or | ||||||
24 | identification of an under-vote for a statewide constitutional | ||||||
25 | office and (ii) the voter shall have the opportunity to | ||||||
26 | correct an under-vote or surrender the ballot that was not |
| |||||||
| |||||||
1 | accepted and vote another ballot shall not be modified. | ||||||
2 | Where a ranked-choice balloting is used for an office | ||||||
3 | elected by ranked-choice balloting, the voter may rank his or | ||||||
4 | her preferences for the candidates for that office. A voter | ||||||
5 | shall not be required to rank all candidates for that office. A | ||||||
6 | cross (X) for only one candidate shall be interpreted as a vote | ||||||
7 | of rank 1 for that particular candidate, with no other | ||||||
8 | candidate being ranked. Crosses (X) for 2 or more candidates | ||||||
9 | shall not count as votes for any candidate, and shall cause the | ||||||
10 | ballot to be identified as under-voted, subject to the | ||||||
11 | provisions for under-voted ballots under Section 18-5. | ||||||
12 | (Source: P.A. 94-288, eff. 1-1-06; 95-699, eff. 11-9-07.)
| ||||||
13 | (10 ILCS 5/17-18) (from Ch. 46, par. 17-18) | ||||||
14 | Sec. 17-18. Immediately upon closing the polls the judges | ||||||
15 | shall proceed to canvass the votes polled. They shall first | ||||||
16 | count the whole number of ballots in the box. If 2 or more | ||||||
17 | ballots are folded together so as to appear to have been cast | ||||||
18 | by the same person, all of the ballots so folded together shall | ||||||
19 | be marked and returned with the other ballots in the same | ||||||
20 | conditions, as near as may be, in which they were found when | ||||||
21 | first opened, but shall not be counted. If the remaining | ||||||
22 | ballots shall be found to exceed the number of applications | ||||||
23 | for ballot, the ballots shall be replaced in the box, and the | ||||||
24 | box closed and well shaken and again opened and one of the | ||||||
25 | judges shall publicly draw out so many ballots unopened as |
| |||||||
| |||||||
1 | shall be equal to such excess; and the number of the ballots | ||||||
2 | agreeing with the poll lists, or being made to agree. Such | ||||||
3 | excess ballots shall be marked "Excess-Not Counted" and signed | ||||||
4 | by a majority of the judges and shall be placed in the "After | ||||||
5 | 6:00 p.m. Defective Ballots Envelope". The number of excess | ||||||
6 | ballots shall be noted in the remarks section of the | ||||||
7 | Certificate of Results. "Excess" ballots shall not be counted | ||||||
8 | in the total of "defective" ballots. | ||||||
9 | The judges shall then proceed to count and record the | ||||||
10 | votes; and when the judges of election shall open and read the | ||||||
11 | ballots, 3 judges, with at least one from each political party | ||||||
12 | from which the precinct judges were chosen, shall carefully | ||||||
13 | and correctly mark down upon the three tally sheets the vote | ||||||
14 | each candidate has received, in a separate box prepared for | ||||||
15 | that purpose, with the name of such candidate at the head of | ||||||
16 | such box, and the office designated by the votes such | ||||||
17 | candidate shall fill. Whenever a proposition is submitted to | ||||||
18 | the electors at the same election, the ballots for or against | ||||||
19 | such proposition shall always be canvassed, counted or | ||||||
20 | tallied. The votes shall be canvassed in the room or place | ||||||
21 | where the election is held, and the judges shall not allow the | ||||||
22 | ballot box, or any of the ballots, or the applications for | ||||||
23 | ballot, or any of the tally sheets to be removed or carried | ||||||
24 | away from such room or place, until the canvass of the vote is | ||||||
25 | completed, and the returns carefully enveloped and sealed up | ||||||
26 | as provided by law. |
| |||||||
| |||||||
1 | Where voting machines or electronic voting systems are | ||||||
2 | used, the provisions of this section may be modified as | ||||||
3 | required or authorized by Article 24 or Article 24A, whichever | ||||||
4 | is applicable. | ||||||
5 | Where ranked-choice ballot tallying is used for an office | ||||||
6 | elected by ranked-choice voting, the provisions of this | ||||||
7 | Section may be modified as required or authorized by Section | ||||||
8 | 16-4.2 or Section 17-18.2 of this Code, whichever is | ||||||
9 | applicable. | ||||||
10 | (Source: P.A. 83-333.)
| ||||||
11 | (10 ILCS 5/17-18.2 new) | ||||||
12 | Sec. 17-18.2. Ranked-choice ballot tallying. | ||||||
13 | (a) As used in this Section, | ||||||
14 | "Batch elimination" means the simultaneous defeat of | ||||||
15 | multiple candidates for whom it is mathematically impossible | ||||||
16 | to be elected. | ||||||
17 | "Continuing ballot" means a ballot that is not an | ||||||
18 | exhausted ballot. | ||||||
19 | "Continuing candidate" means a candidate who has not been | ||||||
20 | defeated. | ||||||
21 | "Exhausted ballot" means a ballot that does not rank any | ||||||
22 | continuing candidate, contains an overvote at the highest | ||||||
23 | continuing ranking or contains 2 or more sequential skipped | ||||||
24 | rankings before its highest continuing ranking. | ||||||
25 | "Highest continuing ranking" means the highest ranking on |
| |||||||
| |||||||
1 | a voter's ballot for a continuing candidate. | ||||||
2 | "Last-place candidate" means the candidate with the fewest | ||||||
3 | votes in a round of the ranked-choice voting tallying. | ||||||
4 | "Mathematically impossible to be elected," with respect to | ||||||
5 | a candidate, means either: | ||||||
6 | (1) the candidate cannot be elected because the | ||||||
7 | candidate's vote total in a round of the ranked-choice | ||||||
8 | voting tabulation plus all votes that could possibly be | ||||||
9 | transferred to the candidate in future rounds from | ||||||
10 | candidates with fewer votes or an equal number of votes | ||||||
11 | would not be enough to surpass the candidate with the | ||||||
12 | next-higher vote total in the round; or | ||||||
13 | (2) the candidate has a lower vote total than a | ||||||
14 | candidate described in subparagraph (1) of this | ||||||
15 | definition. | ||||||
16 | "Overvote" means a circumstance in which a voter has | ||||||
17 | ranked more than one candidate at the same ranking. | ||||||
18 | "Round" means an instance of the sequence of voting | ||||||
19 | tabulation steps established in subsection (b) of this | ||||||
20 | Section. | ||||||
21 | "Skipped ranking" means a circumstance in which a voter | ||||||
22 | has left a ranking blank and ranks a candidate at a subsequent | ||||||
23 | ranking. | ||||||
24 | (b) Except as provided in subsections (c) and (d) of this | ||||||
25 | Section, the following procedures are used to determine the | ||||||
26 | winner in an election for an office elected by ranked-choice |
| |||||||
| |||||||
1 | voting. Tallying must proceed in rounds. In each round, the | ||||||
2 | number of votes for each continuing candidate must be counted. | ||||||
3 | Each continuing ballot counts as one vote for its | ||||||
4 | highest-ranked continuing candidate for that round. Exhausted | ||||||
5 | ballots are not counted for any continuing candidate. The | ||||||
6 | round then ends with one of the following 2 potential | ||||||
7 | outcomes: | ||||||
8 | (1) If there are 2 or fewer continuing candidates, the | ||||||
9 | candidate with the most votes is declared the winner of | ||||||
10 | the election. | ||||||
11 | (2) If there are more than 2 continuing candidates, | ||||||
12 | the last-place candidate is defeated and a new round | ||||||
13 | begins. | ||||||
14 | (c) A tie under this Section between candidates for the | ||||||
15 | most votes in the final round or a tie between last-place | ||||||
16 | candidates in any round must be decided by lot, and the | ||||||
17 | candidate chosen by lot is defeated. The result of the tie | ||||||
18 | resolution must be recorded and reused in the event of a | ||||||
19 | recount. Election authorities may resolve prospective ties | ||||||
20 | between candidates before the election. | ||||||
21 | (d) Modification of a ranked-choice voting ballot and | ||||||
22 | tabulation is permitted in accordance with the following: | ||||||
23 | (1) The number of allowable rankings may be limited to | ||||||
24 | no fewer than 6. | ||||||
25 | (2) Two or more candidates may be defeated | ||||||
26 | simultaneously by batch elimination in any round of |
| |||||||
| |||||||
1 | tabulation. | ||||||
2 | (e) For all statutory and constitutional provisions in the | ||||||
3 | State pertaining to the rights of political parties, the | ||||||
4 | number of votes cast for a party's candidate for an office | ||||||
5 | elected by ranked-choice voting is the number of votes | ||||||
6 | credited to that candidate after the initial counting in the | ||||||
7 | first round described in subsection (b). | ||||||
8 | (f) The State Board of Elections may adopt rules to | ||||||
9 | implement the provisions of this Section.
| ||||||
10 | (10 ILCS 5/18-5) (from Ch. 46, par. 18-5) | ||||||
11 | Sec. 18-5. Any person desiring to vote and whose name is | ||||||
12 | found upon the register of voters by the person having charge | ||||||
13 | thereof, shall then be questioned by one of the judges as to | ||||||
14 | his nativity, his term of residence at present address, | ||||||
15 | precinct, State and United States, his age, whether | ||||||
16 | naturalized and if so the date of naturalization papers and | ||||||
17 | court from which secured, and he shall be asked to state his | ||||||
18 | residence when last previously registered and the date of the | ||||||
19 | election for which he then registered. The judges of elections | ||||||
20 | shall check each application for ballot against the list of | ||||||
21 | voters registered in that precinct to whom grace period, vote | ||||||
22 | by mail, and early ballots have been issued for that election, | ||||||
23 | which shall be provided by the election authority and which | ||||||
24 | list shall be available for inspection by pollwatchers. A | ||||||
25 | voter applying to vote in the precinct on election day whose |
| |||||||
| |||||||
1 | name appears on the list as having been issued a grace period, | ||||||
2 | vote by mail, or early ballot shall not be permitted to vote in | ||||||
3 | the precinct, except that a voter to whom a vote by mail ballot | ||||||
4 | was issued may vote in the precinct if the voter submits to the | ||||||
5 | election judges that vote by mail ballot for cancellation. If | ||||||
6 | the voter is unable to submit the vote by mail ballot, it shall | ||||||
7 | be sufficient for the voter to submit to the election judges | ||||||
8 | (i) a portion of the vote by mail ballot if the vote by mail | ||||||
9 | ballot was torn or mutilated or (ii) an affidavit executed | ||||||
10 | before the election judges specifying that (A) the voter never | ||||||
11 | received a vote by mail ballot or (B) the voter completed and | ||||||
12 | returned a vote by mail ballot and was informed that the | ||||||
13 | election authority did not receive that vote by mail ballot. | ||||||
14 | If such person so registered shall be challenged as | ||||||
15 | disqualified, the party challenging shall assign his reasons | ||||||
16 | therefor, and thereupon one of the judges shall administer to | ||||||
17 | him an oath to answer questions, and if he shall take the oath | ||||||
18 | he shall then be questioned by the judge or judges touching | ||||||
19 | such cause of challenge, and touching any other cause of | ||||||
20 | disqualification. And he may also be questioned by the person | ||||||
21 | challenging him in regard to his qualifications and identity. | ||||||
22 | But if a majority of the judges are of the opinion that he is | ||||||
23 | the person so registered and a qualified voter, his vote shall | ||||||
24 | then be received accordingly. But if his vote be rejected by | ||||||
25 | such judges, such person may afterward produce and deliver an | ||||||
26 | affidavit to such judges, subscribed and sworn to by him |
| |||||||
| |||||||
1 | before one of the judges, in which it shall be stated how long | ||||||
2 | he has resided in such precinct, and state; that he is a | ||||||
3 | citizen of the United States, and is a duly qualified voter in | ||||||
4 | such precinct, and that he is the identical person so | ||||||
5 | registered. In addition to such an affidavit, the person so | ||||||
6 | challenged shall provide to the judges of election proof of | ||||||
7 | residence by producing 2 forms of identification showing the | ||||||
8 | person's current residence address, provided that such | ||||||
9 | identification may include a lease or contract for a residence | ||||||
10 | and not more than one piece of mail addressed to the person at | ||||||
11 | his current residence address and postmarked not earlier than | ||||||
12 | 30 days prior to the date of the election, or the person shall | ||||||
13 | procure a witness personally known to the judges of election, | ||||||
14 | and resident in the precinct (or district), or who shall be | ||||||
15 | proved by some legal voter of such precinct or district, known | ||||||
16 | to the judges to be such, who shall take the oath following, | ||||||
17 | viz: | ||||||
18 | I do solemnly swear (or affirm) that I am a resident of | ||||||
19 | this election precinct (or district), and entitled to vote at | ||||||
20 | this election, and that I have been a resident of this State | ||||||
21 | for 30 days last past, and am well acquainted with the person | ||||||
22 | whose vote is now offered; that he is an actual and bona fide | ||||||
23 | resident of this election precinct (or district), and has | ||||||
24 | resided herein 30 days, and as I verily believe, in this State, | ||||||
25 | 30 days next preceding this election. | ||||||
26 | The oath in each case may be administered by one of the |
| |||||||
| |||||||
1 | judges of election, or by any officer, resident in the | ||||||
2 | precinct or district, authorized by law to administer oaths. | ||||||
3 | Also supported by an affidavit by a registered voter residing | ||||||
4 | in such precinct, stating his own residence, and that he knows | ||||||
5 | such person; and that he does reside at the place mentioned and | ||||||
6 | has resided in such precinct and state for the length of time | ||||||
7 | as stated by such person, which shall be subscribed and sworn | ||||||
8 | to in the same way. For purposes of this Section, the | ||||||
9 | submission of a photo identification issued by a college or | ||||||
10 | university, accompanied by either (i) a copy of the | ||||||
11 | applicant's contract or lease for a residence or (ii) one | ||||||
12 | piece of mail addressed to the person at his or her current | ||||||
13 | residence address and postmarked not earlier than 30 days | ||||||
14 | prior to the date of the election, shall be sufficient to | ||||||
15 | establish proof of residence. Whereupon the vote of such | ||||||
16 | person shall be received, and entered as other votes. But such | ||||||
17 | judges, having charge of such registers, shall state in their | ||||||
18 | respective books the facts in such case, and the affidavits, | ||||||
19 | so delivered to the judges, shall be preserved and returned to | ||||||
20 | the office of the commissioners of election. Blank affidavits | ||||||
21 | of the character aforesaid shall be sent out to the judges of | ||||||
22 | all the precincts, and the judges of election shall furnish | ||||||
23 | the same on demand and administer the oaths without criticism. | ||||||
24 | Such oaths, if administered by any other officer than such | ||||||
25 | judge of election, shall not be received. Whenever a proposal | ||||||
26 | for a constitutional amendment or for the calling of a |
| |||||||
| |||||||
1 | constitutional convention is to be voted upon at the election, | ||||||
2 | the separate blue ballot or ballots pertaining thereto shall | ||||||
3 | be placed on top of the other ballots to be voted at the | ||||||
4 | election in such manner that the legend appearing on the back | ||||||
5 | thereof, as prescribed in Section 16-6 of this Act, shall be | ||||||
6 | plainly visible to the voter, and in this fashion the ballots | ||||||
7 | shall be handed to the voter by the judge. | ||||||
8 | Immediately after voting, the voter shall be instructed | ||||||
9 | whether the voting equipment, if used, accepted or rejected | ||||||
10 | the ballot or identified the ballot as under-voted. A voter | ||||||
11 | whose ballot is identified as under-voted for an office | ||||||
12 | elected by ranked-choice voting a statewide constitutional | ||||||
13 | office may return to the voting booth and complete the voting | ||||||
14 | of that ballot. A voter whose ballot is not accepted by the | ||||||
15 | voting equipment may, upon surrendering the ballot, request | ||||||
16 | and vote another ballot. If a ballot for an office elected by | ||||||
17 | ranked-choice voting is considered under-voted because the | ||||||
18 | ballot has crosses (X) for 2 or more candidates, the voter may, | ||||||
19 | upon surrendering the ballot, request and vote upon another | ||||||
20 | ballot. The voter's surrendered ballot shall be initialed by | ||||||
21 | the election judge and handled as provided in the appropriate | ||||||
22 | Article governing that voting equipment. | ||||||
23 | The voter shall, upon quitting the voting booth, deliver | ||||||
24 | to one of the judges of election all of the ballots, properly | ||||||
25 | folded, which he received. The judge of election to whom the | ||||||
26 | voter delivers his ballots shall not accept the same unless |
| |||||||
| |||||||
1 | all of the ballots given to the voter are returned by him. If a | ||||||
2 | voter delivers less than all of the ballots given to him, the | ||||||
3 | judge to whom the same are offered shall advise him in a voice | ||||||
4 | clearly audible to the other judges of election that the voter | ||||||
5 | must return the remainder of the ballots. The statement of the | ||||||
6 | judge to the voter shall clearly express the fact that the | ||||||
7 | voter is not required to vote such remaining ballots but that | ||||||
8 | whether or not he votes them he must fold and deliver them to | ||||||
9 | the judge. In making such statement the judge of election | ||||||
10 | shall not indicate by word, gesture or intonation of voice | ||||||
11 | that the unreturned ballots shall be voted in any particular | ||||||
12 | manner. No new voter shall be permitted to enter the voting | ||||||
13 | booth of a voter who has failed to deliver the total number of | ||||||
14 | ballots received by him until such voter has returned to the | ||||||
15 | voting booth pursuant to the judge's request and again quit | ||||||
16 | the booth with all of the ballots required to be returned by | ||||||
17 | him. Upon receipt of all such ballots the judges of election | ||||||
18 | shall enter the name of the voter, and his number, as above | ||||||
19 | provided in this Section, and the judge to whom the ballots are | ||||||
20 | delivered shall immediately put the ballots into the ballot | ||||||
21 | box. If any voter who has failed to deliver all the ballots | ||||||
22 | received by him refuses to return to the voting booth after | ||||||
23 | being advised by the judge of election as herein provided, the | ||||||
24 | judge shall inform the other judges of such refusal, and | ||||||
25 | thereupon the ballot or ballots returned to the judge shall be | ||||||
26 | deposited in the ballot box, the voter shall be permitted to |
| |||||||
| |||||||
1 | depart from the polling place, and a new voter shall be | ||||||
2 | permitted to enter the voting booth. | ||||||
3 | The judge of election who receives the ballot or ballots | ||||||
4 | from the voter shall announce the residence and name of such | ||||||
5 | voter in a loud voice. The judge shall put the ballot or | ||||||
6 | ballots received from the voter into the ballot box in the | ||||||
7 | presence of the voter and the judges of election, and in plain | ||||||
8 | view of the public. The judges having charge of such registers | ||||||
9 | shall then, in a column prepared thereon, in the same line of, | ||||||
10 | the name of the voter, mark "Voted" or the letter "V". | ||||||
11 | No judge of election shall accept from any voter less than | ||||||
12 | the full number of ballots received by such voter without | ||||||
13 | first advising the voter in the manner above provided of the | ||||||
14 | necessity of returning all of the ballots, nor shall any such | ||||||
15 | judge advise such voter in a manner contrary to that which is | ||||||
16 | herein permitted, or in any other manner violate the | ||||||
17 | provisions of this Section; provided, that the acceptance by a | ||||||
18 | judge of election of less than the full number of ballots | ||||||
19 | delivered to a voter who refuses to return to the voting booth | ||||||
20 | after being properly advised by such judge shall not be a | ||||||
21 | violation of this Section. | ||||||
22 | Where ranked-choice ballot tallying is used for an office | ||||||
23 | elected by ranked-choice voting, the voter may rank his or her | ||||||
24 | preferences for the candidates for that office. A voter shall | ||||||
25 | not be required to rank all candidates for that office. A cross | ||||||
26 | (X) for only one candidate shall be interpreted as a vote of |
| |||||||
| |||||||
1 | rank 1 for that particular candidate, with no other candidate | ||||||
2 | being ranked. Crosses (X) for 2 or more candidates shall not | ||||||
3 | count as votes for any candidate, and shall cause the ballot to | ||||||
4 | be identified as under-voted, shall be subject to the | ||||||
5 | provisions for under-voted ballots in this Section. | ||||||
6 | (Source: P.A. 98-1171, eff. 6-1-15 .)
| ||||||
7 | (10 ILCS 5/18-9) (from Ch. 46, par. 18-9) | ||||||
8 | Sec. 18-9. The judges of election shall first count the | ||||||
9 | whole number of ballots in the box. If the ballots shall be | ||||||
10 | found to exceed the number of applications for ballot, they | ||||||
11 | shall reject the ballots, if any, found folded inside of a | ||||||
12 | ballot. And if the ballots and the applications for ballot | ||||||
13 | still do not agree after such rejection, the ballots shall be | ||||||
14 | replaced in the box and the box closed and well shaken, and | ||||||
15 | again opened; and one of the judges shall publicly draw out so | ||||||
16 | many ballots unopened as shall be equal to such excess. Such | ||||||
17 | excess ballots shall be marked "Excess-Not Counted" and signed | ||||||
18 | by a majority of judges and shall be placed in the "After 6:00 | ||||||
19 | p.m. Defective Ballots Envelope". The number of excess ballots | ||||||
20 | shall be noted in the remarks section of the Certificate of | ||||||
21 | Results. "Excess" ballots shall not be counted in the total of | ||||||
22 | "defective" ballots. And the ballots and applications for | ||||||
23 | ballot being made to agree in this way, the judges shall | ||||||
24 | proceed to count the votes in the following manner: The judges | ||||||
25 | shall open the ballots and place those which contain the same |
| |||||||
| |||||||
1 | names together, so that the several kinds shall be in separate | ||||||
2 | piles or on separate files. Each of the judges shall examine | ||||||
3 | the separate files which are, or are supposed to be, alike, and | ||||||
4 | exclude from such files any which may have a name or an | ||||||
5 | erasure, or in any manner shall be different from the others of | ||||||
6 | such file. One of the judges shall then take one file of the | ||||||
7 | kind of ballots which contain the same names, and count them by | ||||||
8 | tens, carefully examining each name on each of the ballots. | ||||||
9 | Such judge shall then pass the ten ballots aforesaid to the | ||||||
10 | judge sitting next to him, who shall count them in the same | ||||||
11 | manner, who shall then pass them to a third judge, who shall | ||||||
12 | also count them in the same manner. Then the third judge shall | ||||||
13 | call the names of the persons named in the ten ballots, and the | ||||||
14 | offices for which they are designated, and 2 of the judges, who | ||||||
15 | did not assist in the counting shall tally ten votes for each | ||||||
16 | of such persons, except as herein otherwise provided. When the | ||||||
17 | judges shall have gone through such file of ballots, | ||||||
18 | containing the same names, and shall count them by tens in the | ||||||
19 | same way, and shall call the names of the persons named in the | ||||||
20 | ballots and the office for which they are designated, the | ||||||
21 | tally judges shall tally the votes by tens for each of such | ||||||
22 | persons in the same manner as in the first instance. When the | ||||||
23 | counting of each file of ballots which contain the same names | ||||||
24 | shall be completed, the tally judges shall compare their | ||||||
25 | tallies together and ascertain the total number of ballots of | ||||||
26 | that kind so canvassed; and when they agree upon the number, |
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1 | one of them shall announce it in a loud voice to the other | ||||||
2 | judges. The judges shall then canvass the other kinds of | ||||||
3 | ballots which do not correspond, those containing names partly | ||||||
4 | from one kind of ballots and partly from another, being those | ||||||
5 | from which the name of the person proper to be voted for on | ||||||
6 | such ballots has been omitted or erased, usually called | ||||||
7 | "scratched tickets". They shall be canvassed separately by one | ||||||
8 | of the judges sitting between 2 other judges, which judge | ||||||
9 | shall call each name to the tally judges and the office for | ||||||
10 | which it is designated, and the other judges looking at the | ||||||
11 | ballot at the same time, and the tally judges making tally of | ||||||
12 | the same. When all the ballots have been canvassed in this | ||||||
13 | manner, the tally judges shall compare their tallies together, | ||||||
14 | and ascertain the total number of votes received by each | ||||||
15 | candidate and when they agree upon the numbers one of them | ||||||
16 | shall announce in a loud voice to the judges the number of | ||||||
17 | votes received by each candidate on each of the kinds of | ||||||
18 | ballots containing his name, the number received by him on | ||||||
19 | scratch tickets, and the total number of votes received by | ||||||
20 | him. | ||||||
21 | The votes for the offices of Governor and Lieutenant | ||||||
22 | Governor shall be counted and tallied jointly. | ||||||
23 | Where voting machines or electronic voting systems are | ||||||
24 | used, the provisions of this section may be modified as | ||||||
25 | required or authorized by Article 24 or Article 24A, whichever | ||||||
26 | is applicable. |
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1 | Where ranked-choice ballot tallying is used for an office | ||||||
2 | elected by ranked-choice voting, the provisions of this | ||||||
3 | Section may be modified as required or authorized by Section | ||||||
4 | 16-4.2 of this Code and the judges shall abide by Section | ||||||
5 | 17-18.2 of this Code, as applicable. | ||||||
6 | (Source: P.A. 89-700, eff. 1-17-97.) |