Bill Text: IL HB3233 | 2017-2018 | 100th General Assembly | Introduced

---

Bill Title: Amends the Election Code. Provides that the presidential elector with the highest number of votes in a congressional district casts an electoral vote for the presidential and vice presidential candidates of his or her political party. Provides that an at-large presidential elector who receives the highest or second highest number of votes statewide casts an electoral vote for the candidates of his or her party.

Sponsorship: Partisan Bill (Republican 1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3233 Detail]

Download: Illinois-2017-HB3233-Introduced.html

---

100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3233 Introduced , by Rep. Reginald Phillips SYNOPSIS AS INTRODUCED:
10 ILCS 5/21-1 from Ch. 46, par. 21-1
10 ILCS 5/21-2 from Ch. 46, par. 21-2
Amends the Election Code. Provides that the presidential elector with the highest number of votes in a congressional district casts an electoral vote for the presidential and vice presidential candidates of his or her political party. Provides that an at-large presidential elector who receives the highest or second highest number of votes statewide casts an electoral vote for the candidates of his or her party.
LRB100 06809 MLM 16858 b
A BILL FOR
HB3233 LRB100 06809 MLM 16858 b
AN ACT concerning elections.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Election Code is amended by changing
Sections 21-1 and 21-2 as follows:
(10 ILCS 5/21-1) (from Ch. 46, par. 21-1)
Sec. 21-1. Choosing and election of electors of President
and Vice-President of the United States shall be in the
following manner:
(a) In each year in which a President and Vice-President of
the United States are chosen, each political party or group in
this State shall choose by its State Convention or State
central committee electors of President and Vice-President of
the United States and such State Convention or State central
committee of such party or group shall also choose electors at
large, if any are to be appointed for this State and such State
Convention or State central committee of such party or group
shall by its chairman and secretary certify the total list of
such electors, designating one elector for each congressional
district in the State, together with electors at large so
chosen to the State Board of Elections.
The filing of such certificate with the Board, of such
choosing of electors shall be deemed and taken to be the

HB3233 - 2 - LRB100 06809 MLM 16858 b
choosing and selection of the electors of this State, if such
party or group is successful at the polls as herein provided in
choosing their candidates for President and Vice-President of
the United States.
(b) The names of the candidates of the several political
parties or groups for electors of President and Vice-President
shall not be printed on the official ballot to be voted in the
election to be held on the day in this Act above named. In lieu
of the names of the candidates for such electors of President
and Vice-President, immediately under the appellation of party
name of a party or group in the column of its candidates on the
official ballot, to be voted at said election first above named
in subsection (1) of Section 2A-1.2 and Section 2A-2, there
shall be printed within a bracket the name of the candidate for
President and the name of the candidate for Vice-President of
such party or group with a square to the left of such bracket.
Each voter in this State from the several lists or sets of
electors so chosen and selected by the said respective
political parties or groups for each congressional district and
at large, may choose and elect one of such lists or sets of
electors by placing a cross in the square to the left of the
bracket aforesaid of one of such parties or groups. Placing a
cross within the square before the bracket enclosing the names
of President and Vice-President shall not be deemed and taken
as a direct vote for such candidates for President and
Vice-President, or either of them, but shall only be deemed and

HB3233 - 3 - LRB100 06809 MLM 16858 b
taken to be a vote for the entire list or set of electors
chosen for that congressional district and at large by that
political party or group so certified to the State Board of
Elections as herein provided. Voting by means of placing a
cross in the appropriate place preceding the appellation or
title of the particular political party or group, shall not be
deemed or taken as a direct vote for the candidates for
President and Vice-President, or either of them, but instead to
the Presidential vote, as a vote for the entire list or set of
electors chosen by that political party or group so certified
to the State Board of Elections as herein provided.
(c) Such certification by the respective political parties
or groups in this State of electors of President and
Vice-President shall be made to the State Board of Elections
within 2 days after such State convention or meeting of the
State central committee in which the electors were chosen.
(d) Should more than one certificate of choice and
selection of electors of the same political party or group be
filed by contesting conventions or contesting groups, it shall
be the duty of the State Board of Elections within 10 days
after the adjournment of the last of such conventions to meet
and determine which set of nominees for electors of such party
or group was chosen and selected by the authorized convention
of such party or group. The Board, after notice to the chairman
and secretaries or managers of the conventions or groups and
after a hearing shall determine which set of electors was so

HB3233 - 4 - LRB100 06809 MLM 16858 b
chosen by the authorized convention and shall so announce and
publish the fact, and such decision shall be final and the set
of electors so determined upon by the electoral board to be so
chosen shall be the list or set of electors to be deemed
elected if that party shall be successful at the polls, as
herein provided.
(e) Should a vacancy occur in the choice of an elector in a
congressional district, such vacancy may be filled by the
executive committee of the party or group for such
congressional district, to be certified by such committee to
the State Board of Elections. Should a vacancy occur in the
office of elector at large, such vacancy shall be filled by the
State committee of such political party or group, and certified
by it to the State Board of Elections.
(Source: P.A. 99-522, eff. 6-30-16.)
(10 ILCS 5/21-2) (from Ch. 46, par. 21-2)
Sec. 21-2. Election of electors; votes of electors.
(a) The county clerks of the several counties shall, within
21 days next after holding the election named in subsection (1)
of Section 2A-1.2 and Section 2A-2 make 2 copies of the
abstract of the votes cast for electors by each political party
or group, as indicated by the voter, as aforesaid, by a cross
in the square to the left of the bracket aforesaid, or as
indicated by a cross in the appropriate place preceding the
appellation or title of the particular political party or

HB3233 - 5 - LRB100 06809 MLM 16858 b
group, and transmit by mail one of the copies to the office of
the State Board of Elections and retain the other in his
office, to be sent for by the electoral board in case the other
should be mislaid. Within 31 days after the holding of such
election, and sooner if all the returns are received by the
State Board of Elections, the State Board of Election, shall
proceed to open and canvass said election returns and to
declare which set of candidates for President and
Vice-President received, as aforesaid, the highest number of
votes cast at such election as aforesaid; and the electors of
that party whose candidates for President and Vice-President
received the highest number of votes so cast shall be taken and
deemed to be elected as electors of President and
Vice-President, but should 2 or more sets of candidates for
President and Vice-President be returned with an equal and the
highest vote, the State Board of Elections shall cause a notice
of the same to be published, which notice shall name some day
and place, not less than 5 days from the time of such
publication of such notice, upon which the State Board of
Elections will decide by lot which of the sets of candidates
for President and Vice-President so equal and highest shall be
declared to be highest. And upon the day and at the place so
appointed in the notice, the board shall so decide by lot and
declare which is deemed highest of the sets of candidates for
President and Vice-President so equal and highest, thereby
determining only that the electors chosen as aforesaid by such

HB3233 - 6 - LRB100 06809 MLM 16858 b
candidates' party or group are thereby elected by general
ticket to be such electors.
(b) Notwithstanding any law to the contrary, the elector of
President and Vice President receiving the highest number of
votes in a congressional district shall be elected an elector
of President and Vice President and shall cast his or her vote
pursuant to this Article for the candidates for President and
Vice President of his or her political party or group. The
electors of President and Vice President at-large who receive
the highest or second highest number of votes statewide shall
be electors of President and Vice President and shall cast
their votes pursuant to this Article for the candidates for
President and Vice President of those electors' political
parties or groups.
(Source: P.A. 93-847, eff. 7-30-04.)