104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB2431
 
Introduced , by Rep. Nabeela Syed
 
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 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.


LRB104 09846 SPS 19914 b


 
 
A BILL FOR
 
HB2431LRB104 09846 SPS 19914 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, 16-6.1, and 
321-1.01 of this Code and except as otherwise provided in this 
4Code with respect to the odd year regular elections and the 
5emergency referenda. The lettering of candidate names on a 
6ballot shall be in both capital and lowercase letters in 
7conformance with standard English language guidelines, unless 
8compliance is not feasible due to the election system utilized 
9by the election authority. All nominations of any political 
10party shall be placed under the party appellation or title of 
11such party as designated in the certificates of nomination or 
12petitions. The names of all independent candidates shall be 
13printed upon the ballot in a column or columns under the 
14heading "independent" arranged under the names or titles of 
15the respective offices for which such independent candidates 
16shall have been nominated and so far as practicable, the name 
17or names of any independent candidate or candidates for any 
18office shall be printed upon the ballot opposite the name or 
19names of any candidate or candidates for the same office 
20contained in any party column or columns upon said ballot. The 
21ballot shall contain no other names, except that in cases of 
22electors for President and Vice-President of the United 
23States, the names of the candidates for President and 
24Vice-President may be added to the party designation and words 
25calculated to aid the voter in his choice of candidates may be 
26added, such as "Vote for one," or "Vote for not more than 
 
 
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1three"." If no candidate or candidates file for an office and 
2if no person or persons file a declaration as a write-in 
3candidate for that office, then below the title of that office 
4the election authority instead shall print "No Candidate". 
5When an electronic voting system is used which utilizes a 
6ballot label booklet, the candidates and questions shall 
7appear on the pages of such booklet in the order provided by 
8this Code; and, in any case where candidates for an office 
9appear on a page which does not contain the name of any 
10candidate for another office, and where less than 50% of the 
11page is utilized, the name of no candidate shall be printed on 
12the lowest 25% of such page. On the back or outside of the 
13ballot, so as to appear when folded, shall be printed the words 
14"Official Ballot", followed by the designation of the polling 
15place for which the ballot is prepared, the date of the 
16election and a facsimile of the signature of the election 
17authority who has caused the ballots to be printed. The 
18ballots shall be of plain white paper, through which the 
19printing or writing cannot be read. However, ballots for use 
20at the nonpartisan and consolidated elections may be printed 
21on different color paper, except blue paper, whenever 
22necessary or desirable to facilitate distinguishing between 
23ballots for different political subdivisions. In the case of 
24nonpartisan elections for officers of a political subdivision, 
25unless the statute or an ordinance adopted pursuant to Article 
26VII of the Constitution providing the form of government 
 
 
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1therefor requires otherwise, the column listing such 
2nonpartisan candidates shall be printed with no appellation or 
3circle at its head. The party appellation or title, or the word 
4"independent" at the head of any column provided for 
5independent candidates, shall be printed in letters not less 
6than one-fourth of an inch in height and a circle one-half inch 
7in diameter shall be printed at the beginning of the line in 
8which such appellation or title is printed, provided, however, 
9that no such circle shall be printed at the head of any column 
10or columns provided for such independent candidates. The names 
11of candidates shall be printed in letters not less than 
12one-eighth nor more than one-fourth of an inch in height, and 
13at the beginning of each line in which a name of a candidate is 
14printed a square shall be printed, the sides of which shall be 
15not less than one-fourth of an inch in length. However, the 
16names of the candidates for Governor and Lieutenant Governor 
17on the same ticket shall be printed within a bracket and a 
18single square shall be printed in front of the bracket. The 
19list of candidates of the several parties and any such list of 
20independent candidates shall be placed in separate columns on 
21the ballot in such order as the election authorities charged 
22with the printing of the ballots shall decide; provided, that 
23the names of the candidates of the several political parties, 
24certified by the State Board of Elections to the several 
25county clerks shall be printed by the county clerk of the 
26proper county on the official ballot in the order certified by 
 
 
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1the State Board of Elections. Any county clerk refusing, 
2neglecting or failing to print on the official ballot the 
3names of candidates of the several political parties in the 
4order certified by the State Board of Elections, and any 
5county clerk who prints or causes to be printed upon the 
6official ballot the name of a candidate, for an office to be 
7filled by the Electors of the entire State, whose name has not 
8been duly certified to him upon a certificate signed by the 
9State Board of Elections shall be guilty of a Class C 
10misdemeanor.
11    (b) When an electronic voting system is used which 
12utilizes a ballot card, on the inside flap of each ballot card 
13envelope there shall be printed a form for write-in voting 
14which shall be substantially as follows:
15
WRITE-IN VOTES
16    (See card of instructions for specific information. 
17Duplicate form below by hand for additional write-in votes.)    
18                    .............................
    
19                    Title of Office

20( ) .............................
    
21                    Name of Candidate
22    Write-in lines equal to the number of candidates for which 
23a voter may vote shall be printed for an office only if one or 
24more persons filed declarations of intent to be write-in 
25candidates or qualify to file declarations to be write-in 
26candidates under Sections 17-16.1 and 18-9.1 when the 
 
 
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1certification of ballot contains the words "OBJECTION 
2PENDING". 
3    (c) When an electronic voting system is used which uses a 
4ballot sheet, the instructions to voters on the ballot sheet 
5shall refer the voter to the card of instructions for specific 
6information on write-in voting. Below each office appearing on 
7such ballot sheet there shall be a provision for the casting of 
8a write-in vote. Write-in lines equal to the number of 
9candidates for which a voter may vote shall be printed for an 
10office only if one or more persons filed declarations of 
11intent to be write-in candidates or qualify to file 
12declarations to be write-in candidates under Sections 17-16.1 
13and 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 
16printed on the back of each ballot card, each ballot card 
17envelope, and the first page of the ballot label when a ballot 
18label is used, the words "Official Ballot," followed by the 
19number of the precinct or other precinct identification, which 
20may be stamped, in lieu thereof and, as applicable, the number 
21and name of the township, ward or other election district for 
22which the ballot card, ballot card envelope, and ballot label 
23are prepared, the date of the election and a facsimile of the 
24signature of the election authority who has caused the ballots 
25to be printed. The back of the ballot card shall also include a 
26method of identifying the ballot configuration such as a 
 
 
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1listing of the political subdivisions and districts for which 
2votes may be cast on that ballot, or a number code identifying 
3the ballot configuration or color coded ballots, except that 
4where there is only one ballot configuration in a precinct, 
5the precinct identification, and any applicable ward 
6identification, shall be sufficient. Ballot card envelopes 
7used in punch card systems shall be of paper through which no 
8writing or punches may be discerned and shall be of sufficient 
9length to enclose all voting positions. However, the election 
10authority may provide ballot card envelopes on which no 
11precinct number or township, ward or other election district 
12designation, or election date are preprinted, if space and a 
13preprinted form are provided below the space provided for the 
14names of write-in candidates where such information may be 
15entered by the judges of election. Whenever an election 
16authority utilizes ballot card envelopes on which the election 
17date and precinct is not preprinted, a judge of election shall 
18mark such information for the particular precinct and election 
19on the envelope in ink before tallying and counting any 
20write-in vote written thereon. If some method of insuring 
21ballot secrecy other than an envelope is used, such 
22information must be provided on the ballot itself.
23    (e) In the designation of the name of a candidate on the 
24ballot, the candidate's given name or names, initial or 
25initials, a nickname by which the candidate is commonly known, 
26or a combination thereof, may be used in addition to the 
 
 
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1candidate's surname. If a candidate has changed his or her 
2name, whether by a statutory or common law procedure in 
3Illinois or any other jurisdiction, within 3 years before the 
4last day for filing the petition for nomination, nomination 
5papers, or certificate of nomination for that office, 
6whichever is applicable, then (i) the candidate's name on the 
7ballot must be followed by "formerly known as (list all prior 
8names during the 3-year period) until name changed on (list 
9date of each such name change)" and (ii) the petition, papers, 
10or certificate must be accompanied by the candidate's 
11affidavit stating the candidate's previous names during the 
12period specified in (i) and the date or dates each of those 
13names was changed; failure to meet these requirements shall be 
14grounds for denying certification of the candidate's name for 
15the ballot or removing the candidate's name from the ballot, 
16as appropriate, but these requirements do not apply to name 
17changes resulting from adoption to assume an adoptive parent's 
18or parents' surname, marriage or civil union to assume a 
19spouse's surname, or dissolution of marriage or civil union or 
20declaration of invalidity of marriage or civil union to assume 
21a former surname or a name change that conforms the 
22candidate's name to his or her gender identity. No other 
23designation such as a political slogan, title, or degree or 
24nickname suggesting or implying possession of a title, degree 
25or professional status, or similar information may be used in 
26connection with the candidate's surname. For purposes of this 
 
 
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1Section, a "political slogan" is defined as any word or words 
2expressing or connoting a position, opinion, or belief that 
3the candidate may espouse, including, but not limited to, any 
4word or words conveying any meaning other than that of the 
5personal identity of the candidate. A candidate may not use a 
6political slogan as part of his or her name on the ballot, 
7notwithstanding that the political slogan may be part of the 
8candidate's name.
9    (f) The State Board of Elections, a local election 
10official, or an election authority shall remove any 
11candidate's name designation from a ballot that is 
12inconsistent with subsection (e) of this Section. In addition, 
13the State Board of Elections, a local election official, or an 
14election authority shall not certify to any election authority 
15any candidate name designation that is inconsistent with 
16subsection (e) of this Section.
17    (g) If the State Board of Elections, a local election 
18official, or an election authority removes a candidate's name 
19designation from a ballot under subsection (f) of this 
20Section, then the aggrieved candidate may seek appropriate 
21relief in circuit court.
22    Where voting machines or electronic voting systems are 
23used, the provisions of this Section may be modified as 
24required or authorized by Article 24 or Article 24A, whichever 
25is applicable.
26    Nothing in this Section shall prohibit election 
 
 
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1authorities from using or reusing ballot card envelopes which 
2were printed before January 1, 1986 (the effective date of 
3Public Act 84-820).
4(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23; 
5103-467, eff. 8-4-23; revised 7-23-24.)

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 
9voting that has more than 2 choices, the ballot shall be laid 
10out to allow the voter to rank the candidates for an office in 
11order of preference. Space shall be provided for a voter to 
12include one write-in candidate if he or she desires. The 
13ballot shall be as simple and easy to understand as possible. 
14Any ballot laid out in such a manner shall be tallied in 
15accordance with Section 17-18.2 of this Code.
16    (b) All other requirements of this Article apply with 
17regards to ballots for offices elected by ranked-choice voting 
18to the extent that they do not contradict the provisions of 
19this amendatory Act of the 104th General Assembly.

20    (10 ILCS 5/17-11)    (from Ch. 46, par. 17-11)
21    Sec. 17-11. On receipt of his ballot the voter shall 
22forthwith, and without leaving the inclosed space, retire 
23alone, or accompanied by children as provided in Section 17-8, 
24to one of the voting booths so provided and shall prepare his 
 
 
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1ballot by making in the appropriate margin or place a cross (X) 
2opposite the name of the candidate of his choice for each 
3office to be filled, or by writing in the name of the candidate 
4of his choice in a blank space on said ticket, making a cross 
5(X) opposite thereto; and in case of a question submitted to 
6the vote of the people, by making in the appropriate margin or 
7place a cross (X) against the answer he desires to give. A 
8cross (X) in the square in front of the bracket enclosing the 
9names of a team of candidates for Governor and Lieutenant 
10Governor counts as one vote for each of such candidates. 
11Before leaving the voting booth the voter shall fold his 
12ballot in such manner as to conceal the marks thereon. He shall 
13then vote forthwith in the manner herein provided, except that 
14the number corresponding to the number of the voter on the poll 
15books shall not be indorsed on the back of his ballot. He shall 
16mark and deliver his ballot without undue delay, and shall 
17quit said inclosed space as soon as he has voted; except that 
18immediately after voting, the voter shall be instructed 
19whether the voting equipment, if used, accepted or rejected 
20the ballot or identified the ballot as under-voted for a 
21statewide constitutional office. A voter whose ballot is 
22identified as under-voted may return to the voting booth and 
23complete the voting of that ballot. A voter whose ballot is not 
24accepted by the voting equipment may, upon surrendering the 
25ballot, request and vote another ballot. The voter's 
26surrendered ballot shall be initialed by the election judge 
 
 
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1and handled as provided in the appropriate Article governing 
2that voting equipment. 
3    No voter shall be allowed to occupy a voting booth already 
4occupied by another, nor remain within said inclosed space 
5more than ten minutes, nor to occupy a voting booth more than 
6five minutes in case all of said voting booths are in use and 
7other voters waiting to occupy the same. No voter not an 
8election officer, shall, after having voted, be allowed to 
9re-enter said inclosed space during said election. No person 
10shall take or remove any ballot from the polling place before 
11the close of the poll. No voter shall vote or offer to vote any 
12ballot except such as he has received from the judges of 
13election in charge of the ballots. Any voter who shall, by 
14accident or mistake, spoil his ballot, may, on returning said 
15spoiled ballot, receive another in place thereof only after 
16the word "spoiled" has been written in ink diagonally across 
17the entire face of the ballot returned by the voter.
18    Where voting machines or electronic voting systems are 
19used, the provisions of this section may be modified as 
20required or authorized by Article 24, 24A, 24B, or 24C, 
21whichever is applicable, except that the requirements of this 
22Section that (i) the voter must be notified of the voting 
23equipment's acceptance or rejection of the voter's ballot or 
24identification of an under-vote for a statewide constitutional 
25office and (ii) the voter shall have the opportunity to 
26correct an under-vote or surrender the ballot that was not 
 
 
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1accepted and vote another ballot shall not be modified.
2    Where a ranked-choice balloting is used for an office 
3elected by ranked-choice balloting, the voter may rank his or 
4her preferences for the candidates for that office. A voter 
5shall not be required to rank all candidates for that office. A 
6cross (X) for only one candidate shall be interpreted as a vote 
7of rank 1 for that particular candidate, with no other 
8candidate being ranked. Crosses (X) for 2 or more candidates 
9shall not count as votes for any candidate, and shall cause the 
10ballot to be identified as under-voted, subject to the 
11provisions 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 
15shall proceed to canvass the votes polled. They shall first 
16count the whole number of ballots in the box. If 2 or more 
17ballots are folded together so as to appear to have been cast 
18by the same person, all of the ballots so folded together shall 
19be marked and returned with the other ballots in the same 
20conditions, as near as may be, in which they were found when 
21first opened, but shall not be counted. If the remaining 
22ballots shall be found to exceed the number of applications 
23for ballot, the ballots shall be replaced in the box, and the 
24box closed and well shaken and again opened and one of the 
25judges shall publicly draw out so many ballots unopened as 
 
 
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1shall be equal to such excess; and the number of the ballots 
2agreeing with the poll lists, or being made to agree. Such 
3excess ballots shall be marked "Excess-Not Counted" and signed 
4by a majority of the judges and shall be placed in the "After 
56:00 p.m. Defective Ballots Envelope". The number of excess 
6ballots shall be noted in the remarks section of the 
7Certificate of Results. "Excess" ballots shall not be counted 
8in the total of "defective" ballots.
9    The judges shall then proceed to count and record the 
10votes; and when the judges of election shall open and read the 
11ballots, 3 judges, with at least one from each political party 
12from which the precinct judges were chosen, shall carefully 
13and correctly mark down upon the three tally sheets the vote 
14each candidate has received, in a separate box prepared for 
15that purpose, with the name of such candidate at the head of 
16such box, and the office designated by the votes such 
17candidate shall fill. Whenever a proposition is submitted to 
18the electors at the same election, the ballots for or against 
19such proposition shall always be canvassed, counted or 
20tallied. The votes shall be canvassed in the room or place 
21where the election is held, and the judges shall not allow the 
22ballot box, or any of the ballots, or the applications for 
23ballot, or any of the tally sheets to be removed or carried 
24away from such room or place, until the canvass of the vote is 
25completed, and the returns carefully enveloped and sealed up 
26as provided by law.
 
 
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1    Where voting machines or electronic voting systems are 
2used, the provisions of this section may be modified as 
3required or authorized by Article 24 or Article 24A, whichever 
4is applicable.
5    Where ranked-choice ballot tallying is used for an office 
6elected by ranked-choice voting, the provisions of this 
7Section may be modified as required or authorized by Section 
816-4.2 or Section 17-18.2 of this Code, whichever is 
9applicable.    
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 
15multiple candidates for whom it is mathematically impossible 
16to be elected.
17    "Continuing ballot" means a ballot that is not an 
18exhausted ballot.
19    "Continuing candidate" means a candidate who has not been 
20defeated.
21    "Exhausted ballot" means a ballot that does not rank any 
22continuing candidate, contains an overvote at the highest 
23continuing ranking or contains 2 or more sequential skipped 
24rankings before its highest continuing ranking.
25    "Highest continuing ranking" means the highest ranking on 
 
 
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1a voter's ballot for a continuing candidate.
2    "Last-place candidate" means the candidate with the fewest 
3votes in a round of the ranked-choice voting tallying.
4    "Mathematically impossible to be elected," with respect to 
5a 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 
17ranked more than one candidate at the same ranking.
18    "Round" means an instance of the sequence of voting 
19tabulation steps established in subsection (b) of this 
20Section.
21    "Skipped ranking" means a circumstance in which a voter 
22has left a ranking blank and ranks a candidate at a subsequent 
23ranking.
24    (b) Except as provided in subsections (c) and (d) of this 
25Section, the following procedures are used to determine the 
26winner in an election for an office elected by ranked-choice 
 
 
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1voting. Tallying must proceed in rounds. In each round, the 
2number of votes for each continuing candidate must be counted. 
3Each continuing ballot counts as one vote for its 
4highest-ranked continuing candidate for that round. Exhausted 
5ballots are not counted for any continuing candidate. The 
6round then ends with one of the following 2 potential 
7outcomes:
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 
15most votes in the final round or a tie between last-place 
16candidates in any round must be decided by lot, and the 
17candidate chosen by lot is defeated. The result of the tie 
18resolution must be recorded and reused in the event of a 
19recount. Election authorities may resolve prospective ties 
20between candidates before the election.
21    (d) Modification of a ranked-choice voting ballot and 
22tabulation 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 
 
 
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1 tabulation.
2    (e) For all statutory and constitutional provisions in the 
3State pertaining to the rights of political parties, the 
4number of votes cast for a party's candidate for an office 
5elected by ranked-choice voting is the number of votes 
6credited to that candidate after the initial counting in the 
7first round described in subsection (b).
8    (f) The State Board of Elections may adopt rules to 
9implement 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 
12found upon the register of voters by the person having charge 
13thereof, shall then be questioned by one of the judges as to 
14his nativity, his term of residence at present address, 
15precinct, State and United States, his age, whether 
16naturalized and if so the date of naturalization papers and 
17court from which secured, and he shall be asked to state his 
18residence when last previously registered and the date of the 
19election for which he then registered. The judges of elections 
20shall check each application for ballot against the list of 
21voters registered in that precinct to whom grace period, vote 
22by mail, and early ballots have been issued for that election, 
23which shall be provided by the election authority and which 
24list shall be available for inspection by pollwatchers. A 
25voter applying to vote in the precinct on election day whose 
 
 
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1name appears on the list as having been issued a grace period, 
2vote by mail, or early ballot shall not be permitted to vote in 
3the precinct, except that a voter to whom a vote by mail ballot 
4was issued may vote in the precinct if the voter submits to the 
5election judges that vote by mail ballot for cancellation. If 
6the voter is unable to submit the vote by mail ballot, it shall 
7be 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 
9ballot was torn or mutilated or (ii) an affidavit executed 
10before the election judges specifying that (A) the voter never 
11received a vote by mail ballot or (B) the voter completed and 
12returned a vote by mail ballot and was informed that the 
13election authority did not receive that vote by mail ballot. 
14If such person so registered shall be challenged as 
15disqualified, the party challenging shall assign his reasons 
16therefor, and thereupon one of the judges shall administer to 
17him an oath to answer questions, and if he shall take the oath 
18he shall then be questioned by the judge or judges touching 
19such cause of challenge, and touching any other cause of 
20disqualification. And he may also be questioned by the person 
21challenging him in regard to his qualifications and identity. 
22But if a majority of the judges are of the opinion that he is 
23the person so registered and a qualified voter, his vote shall 
24then be received accordingly. But if his vote be rejected by 
25such judges, such person may afterward produce and deliver an 
26affidavit to such judges, subscribed and sworn to by him 
 
 
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1before one of the judges, in which it shall be stated how long 
2he has resided in such precinct, and state; that he is a 
3citizen of the United States, and is a duly qualified voter in 
4such precinct, and that he is the identical person so 
5registered. In addition to such an affidavit, the person so 
6challenged shall provide to the judges of election proof of 
7residence by producing 2 forms of identification showing the 
8person's current residence address, provided that such 
9identification may include a lease or contract for a residence 
10and not more than one piece of mail addressed to the person at 
11his current residence address and postmarked not earlier than 
1230 days prior to the date of the election, or the person shall 
13procure a witness personally known to the judges of election, 
14and resident in the precinct (or district), or who shall be 
15proved by some legal voter of such precinct or district, known 
16to the judges to be such, who shall take the oath following, 
17viz: 
18    I do solemnly swear (or affirm) that I am a resident of 
19this election precinct (or district), and entitled to vote at 
20this election, and that I have been a resident of this State 
21for 30 days last past, and am well acquainted with the person 
22whose vote is now offered; that he is an actual and bona fide 
23resident of this election precinct (or district), and has 
24resided herein 30 days, and as I verily believe, in this State, 
2530 days next preceding this election. 
26    The oath in each case may be administered by one of the 
 
 
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1judges of election, or by any officer, resident in the 
2precinct or district, authorized by law to administer oaths. 
3Also supported by an affidavit by a registered voter residing 
4in such precinct, stating his own residence, and that he knows 
5such person; and that he does reside at the place mentioned and 
6has resided in such precinct and state for the length of time 
7as stated by such person, which shall be subscribed and sworn 
8to in the same way. For purposes of this Section, the 
9submission of a photo identification issued by a college or 
10university, accompanied by either (i) a copy of the 
11applicant's contract or lease for a residence or (ii) one 
12piece of mail addressed to the person at his or her current 
13residence address and postmarked not earlier than 30 days 
14prior to the date of the election, shall be sufficient to 
15establish proof of residence. Whereupon the vote of such 
16person shall be received, and entered as other votes. But such 
17judges, having charge of such registers, shall state in their 
18respective books the facts in such case, and the affidavits, 
19so delivered to the judges, shall be preserved and returned to 
20the office of the commissioners of election. Blank affidavits 
21of the character aforesaid shall be sent out to the judges of 
22all the precincts, and the judges of election shall furnish 
23the same on demand and administer the oaths without criticism. 
24Such oaths, if administered by any other officer than such 
25judge of election, shall not be received. Whenever a proposal 
26for a constitutional amendment or for the calling of a 
 
 
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1constitutional convention is to be voted upon at the election, 
2the separate blue ballot or ballots pertaining thereto shall 
3be placed on top of the other ballots to be voted at the 
4election in such manner that the legend appearing on the back 
5thereof, as prescribed in Section 16-6 of this Act, shall be 
6plainly visible to the voter, and in this fashion the ballots 
7shall be handed to the voter by the judge. 
8    Immediately after voting, the voter shall be instructed 
9whether the voting equipment, if used, accepted or rejected 
10the ballot or identified the ballot as under-voted. A voter 
11whose ballot is identified as under-voted for an office 
12elected by ranked-choice voting a statewide constitutional 
13office may return to the voting booth and complete the voting 
14of that ballot. A voter whose ballot is not accepted by the 
15voting equipment may, upon surrendering the ballot, request 
16and vote another ballot. If a ballot for an office elected by 
17ranked-choice voting is considered under-voted because the 
18ballot has crosses (X) for 2 or more candidates, the voter may, 
19upon surrendering the ballot, request and vote upon another 
20ballot. The voter's surrendered ballot shall be initialed by 
21the election judge and handled as provided in the appropriate 
22Article governing that voting equipment.
23    The voter shall, upon quitting the voting booth, deliver 
24to one of the judges of election all of the ballots, properly 
25folded, which he received. The judge of election to whom the 
26voter delivers his ballots shall not accept the same unless 
 
 
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1all of the ballots given to the voter are returned by him. If a 
2voter delivers less than all of the ballots given to him, the 
3judge to whom the same are offered shall advise him in a voice 
4clearly audible to the other judges of election that the voter 
5must return the remainder of the ballots. The statement of the 
6judge to the voter shall clearly express the fact that the 
7voter is not required to vote such remaining ballots but that 
8whether or not he votes them he must fold and deliver them to 
9the judge. In making such statement the judge of election 
10shall not indicate by word, gesture or intonation of voice 
11that the unreturned ballots shall be voted in any particular 
12manner. No new voter shall be permitted to enter the voting 
13booth of a voter who has failed to deliver the total number of 
14ballots received by him until such voter has returned to the 
15voting booth pursuant to the judge's request and again quit 
16the booth with all of the ballots required to be returned by 
17him. Upon receipt of all such ballots the judges of election 
18shall enter the name of the voter, and his number, as above 
19provided in this Section, and the judge to whom the ballots are 
20delivered shall immediately put the ballots into the ballot 
21box. If any voter who has failed to deliver all the ballots 
22received by him refuses to return to the voting booth after 
23being advised by the judge of election as herein provided, the 
24judge shall inform the other judges of such refusal, and 
25thereupon the ballot or ballots returned to the judge shall be 
26deposited in the ballot box, the voter shall be permitted to 
 
 
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1depart from the polling place, and a new voter shall be 
2permitted to enter the voting booth. 
3    The judge of election who receives the ballot or ballots 
4from the voter shall announce the residence and name of such 
5voter in a loud voice. The judge shall put the ballot or 
6ballots received from the voter into the ballot box in the 
7presence of the voter and the judges of election, and in plain 
8view of the public. The judges having charge of such registers 
9shall then, in a column prepared thereon, in the same line of, 
10the name of the voter, mark "Voted" or the letter "V". 
11    No judge of election shall accept from any voter less than 
12the full number of ballots received by such voter without 
13first advising the voter in the manner above provided of the 
14necessity of returning all of the ballots, nor shall any such 
15judge advise such voter in a manner contrary to that which is 
16herein permitted, or in any other manner violate the 
17provisions of this Section; provided, that the acceptance by a 
18judge of election of less than the full number of ballots 
19delivered to a voter who refuses to return to the voting booth 
20after being properly advised by such judge shall not be a 
21violation of this Section. 
22    Where ranked-choice ballot tallying is used for an office 
23elected by ranked-choice voting, the voter may rank his or her 
24preferences for the candidates for that office. A voter shall 
25not be required to rank all candidates for that office. A cross 
26(X) for only one candidate shall be interpreted as a vote of 
 
 
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1rank 1 for that particular candidate, with no other candidate 
2being ranked. Crosses (X) for 2 or more candidates shall not 
3count as votes for any candidate, and shall cause the ballot to 
4be identified as under-voted, shall be subject to the 
5provisions 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 
9whole number of ballots in the box. If the ballots shall be 
10found to exceed the number of applications for ballot, they 
11shall reject the ballots, if any, found folded inside of a 
12ballot. And if the ballots and the applications for ballot 
13still do not agree after such rejection, the ballots shall be 
14replaced in the box and the box closed and well shaken, and 
15again opened; and one of the judges shall publicly draw out so 
16many ballots unopened as shall be equal to such excess. Such 
17excess ballots shall be marked "Excess-Not Counted" and signed 
18by a majority of judges and shall be placed in the "After 6:00 
19p.m. Defective Ballots Envelope". The number of excess ballots 
20shall be noted in the remarks section of the Certificate of 
21Results. "Excess" ballots shall not be counted in the total of 
22"defective" ballots. And the ballots and applications for 
23ballot being made to agree in this way, the judges shall 
24proceed to count the votes in the following manner: The judges 
25shall open the ballots and place those which contain the same 
 
 
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1names together, so that the several kinds shall be in separate 
2piles or on separate files. Each of the judges shall examine 
3the separate files which are, or are supposed to be, alike, and 
4exclude from such files any which may have a name or an 
5erasure, or in any manner shall be different from the others of 
6such file. One of the judges shall then take one file of the 
7kind of ballots which contain the same names, and count them by 
8tens, carefully examining each name on each of the ballots. 
9Such judge shall then pass the ten ballots aforesaid to the 
10judge sitting next to him, who shall count them in the same 
11manner, who shall then pass them to a third judge, who shall 
12also count them in the same manner. Then the third judge shall 
13call the names of the persons named in the ten ballots, and the 
14offices for which they are designated, and 2 of the judges, who 
15did not assist in the counting shall tally ten votes for each 
16of such persons, except as herein otherwise provided. When the 
17judges shall have gone through such file of ballots, 
18containing the same names, and shall count them by tens in the 
19same way, and shall call the names of the persons named in the 
20ballots and the office for which they are designated, the 
21tally judges shall tally the votes by tens for each of such 
22persons in the same manner as in the first instance. When the 
23counting of each file of ballots which contain the same names 
24shall be completed, the tally judges shall compare their 
25tallies together and ascertain the total number of ballots of 
26that kind so canvassed; and when they agree upon the number, 
 
 
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1one of them shall announce it in a loud voice to the other 
2judges. The judges shall then canvass the other kinds of 
3ballots which do not correspond, those containing names partly 
4from one kind of ballots and partly from another, being those 
5from which the name of the person proper to be voted for on 
6such ballots has been omitted or erased, usually called 
7"scratched tickets". They shall be canvassed separately by one 
8of the judges sitting between 2 other judges, which judge 
9shall call each name to the tally judges and the office for 
10which it is designated, and the other judges looking at the 
11ballot at the same time, and the tally judges making tally of 
12the same. When all the ballots have been canvassed in this 
13manner, the tally judges shall compare their tallies together, 
14and ascertain the total number of votes received by each 
15candidate and when they agree upon the numbers one of them 
16shall announce in a loud voice to the judges the number of 
17votes received by each candidate on each of the kinds of 
18ballots containing his name, the number received by him on 
19scratch tickets, and the total number of votes received by 
20him. 
21    The votes for the offices of Governor and Lieutenant 
22Governor shall be counted and tallied jointly.
23    Where voting machines or electronic voting systems are 
24used, the provisions of this section may be modified as 
25required or authorized by Article 24 or Article 24A, whichever 
26is applicable.
 
 
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1    Where ranked-choice ballot tallying is used for an office 
2elected by ranked-choice voting, the provisions of this 
3Section may be modified as required or authorized by Section 
416-4.2 of this Code and the judges shall abide by Section 
517-18.2 of this Code, as applicable.    
6(Source: P.A. 89-700, eff. 1-17-97.)