Bill Text: IL HB5264 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that notwithstanding any other provision of law to the contrary, no general election ballot may indicate the political party or political affiliation of any candidate. Makes corresponding changes. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Failed) 2019-01-08 - Session Sine Die [HB5264 Detail]

Download: Illinois-2017-HB5264-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5264 Introduced , by Rep. Steven A. Andersson SYNOPSIS AS INTRODUCED:
10 ILCS 5/16-3 from Ch. 46, par. 16-3
Amends the Election Code. Provides that notwithstanding any other provision of law to the contrary, no general election ballot may indicate the political party or political affiliation of any candidate. Makes corresponding changes. Effective immediately.
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A BILL FOR
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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 Section
16-3 as follows:
(10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
Sec. 16-3. (a) The names of all candidates to be voted for
in each election district or precinct shall be printed on one
ballot, except as is provided in Sections 16-6.1 and 21-1.01 of
this Act and except as otherwise provided in this Act with
respect to the odd year regular elections and the emergency
referenda; all nominations of any political party being placed
under the party appellation or title of such party as
designated in the certificates of nomination or petitions. The
names of all independent candidates shall be printed upon the
ballot in a column or columns under the heading "independent"
arranged under the names or titles of the respective offices
for which such independent candidates shall have been nominated
and so far as practicable, the name or names of any independent
candidate or candidates for any office shall be printed upon
the ballot opposite the name or names of any candidate or
candidates for the same office contained in any party column or
columns upon said ballot. The ballot shall contain no other

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names, except that in cases of electors for President and
Vice-President of the United States, the names of the
candidates for President and Vice-President may be added to the
party designation and words calculated to aid the voter in his
choice of candidates may be added, such as "Vote for one,"
"Vote for not more than three." Notwithstanding any other
provision of law to the contrary, no general election ballot
may indicate the political party or political affiliation of
any candidate. If no candidate or candidates file for an office
and if no person or persons file a declaration as a write-in
candidate for that office, then below the title of that office
the election authority instead shall print "No Candidate". When
an electronic voting system is used which utilizes a ballot
label booklet, the candidates and questions shall appear on the
pages of such booklet in the order provided by this Code; and,
in any case where candidates for an office appear on a page
which does not contain the name of any candidate for another
office, and where less than 50% of the page is utilized, the
name of no candidate shall be printed on the lowest 25% of such
page. On the back or outside of the ballot, so as to appear
when folded, shall be printed the words "Official Ballot",
followed by the designation of the polling place for which the
ballot is prepared, the date of the election and a facsimile of
the signature of the election authority who has caused the
ballots to be printed. The ballots shall be of plain white
paper, through which the printing or writing cannot be read.

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However, ballots for use at the nonpartisan and consolidated
elections may be printed on different color paper, except blue
paper, whenever necessary or desirable to facilitate
distinguishing between ballots for different political
subdivisions. In the case of nonpartisan elections for officers
of a political subdivision, unless the statute or an ordinance
adopted pursuant to Article VII of the Constitution providing
the form of government therefor requires otherwise, the column
listing such nonpartisan candidates shall be printed with no
appellation or circle at its head. The party appellation or
title, or the word "independent" at the head of any column
provided for independent candidates, shall be printed in
letters not less than one-fourth of an inch in height and a
circle one-half inch in diameter shall be printed at the
beginning of the line in which such appellation or title is
printed, provided, however, that no such circle shall be
printed at the head of any column or columns provided for such
independent candidates. The names of candidates shall be
printed in letters not less than one-eighth nor more than
one-fourth of an inch in height, and at the beginning of each
line in which a name of a candidate is printed a square shall
be printed, the sides of which shall be not less than
one-fourth of an inch in length. However, the names of the
candidates for Governor and Lieutenant Governor on the same
ticket shall be printed within a bracket and a single square
shall be printed in front of the bracket. The list of

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candidates of the several parties and any such list of
independent candidates shall be placed in separate columns on
the ballot in such order as the election authorities charged
with the printing of the ballots shall decide; provided, that
the names of the candidates of the several political parties,
certified by the State Board of Elections to the several county
clerks shall be printed by the county clerk of the proper
county on the official ballot in the order certified by the
State Board of Elections. Any county clerk refusing, neglecting
or failing to print on the official ballot the names of
candidates of the several political parties in the order
certified by the State Board of Elections, and any county clerk
who prints or causes to be printed upon the official ballot the
name of a candidate, for an office to be filled by the Electors
of the entire State, whose name has not been duly certified to
him upon a certificate signed by the State Board of Elections
shall be guilty of a Class C misdemeanor.
(b) When an electronic voting system is used which utilizes
a ballot card, on the inside flap of each ballot card envelope
there shall be printed a form for write-in voting which shall
be substantially as follows:
WRITE-IN VOTES
(See card of instructions for specific information.
Duplicate form below by hand for additional write-in votes.)
_____________________________
Title of Office

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( ) ____________________________
Name of Candidate
Write-in lines equal to the number of candidates for which
a voter may vote shall be printed for an office only if one or
more persons filed declarations of intent to be write-in
candidates or qualify to file declarations to be write-in
candidates under Sections 17-16.1 and 18-9.1 when the
certification of ballot contains the words "OBJECTION
PENDING".
(c) When an electronic voting system is used which uses a
ballot sheet, the instructions to voters on the ballot sheet
shall refer the voter to the card of instructions for specific
information on write-in voting. Below each office appearing on
such ballot sheet there shall be a provision for the casting of
a write-in vote. Write-in lines equal to the number of
candidates for which a voter may vote shall be printed for an
office only if one or more persons filed declarations of intent
to be write-in candidates or qualify to file declarations to be
write-in candidates under Sections 17-16.1 and 18-9.1 when the
certification of ballot contains the words "OBJECTION
PENDING".
(d) When such electronic system is used, there shall be
printed on the back of each ballot card, each ballot card
envelope, and the first page of the ballot label when a ballot
label is used, the words "Official Ballot," followed by the
number of the precinct or other precinct identification, which

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may be stamped, in lieu thereof and, as applicable, the number
and name of the township, ward or other election district for
which the ballot card, ballot card envelope, and ballot label
are prepared, the date of the election and a facsimile of the
signature of the election authority who has caused the ballots
to be printed. The back of the ballot card shall also include a
method of identifying the ballot configuration such as a
listing of the political subdivisions and districts for which
votes may be cast on that ballot, or a number code identifying
the ballot configuration or color coded ballots, except that
where there is only one ballot configuration in a precinct, the
precinct identification, and any applicable ward
identification, shall be sufficient. Ballot card envelopes
used in punch card systems shall be of paper through which no
writing or punches may be discerned and shall be of sufficient
length to enclose all voting positions. However, the election
authority may provide ballot card envelopes on which no
precinct number or township, ward or other election district
designation, or election date are preprinted, if space and a
preprinted form are provided below the space provided for the
names of write-in candidates where such information may be
entered by the judges of election. Whenever an election
authority utilizes ballot card envelopes on which the election
date and precinct is not preprinted, a judge of election shall
mark such information for the particular precinct and election
on the envelope in ink before tallying and counting any

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write-in vote written thereon. If some method of insuring
ballot secrecy other than an envelope is used, such information
must be provided on the ballot itself.
(e) In the designation of the name of a candidate on the
ballot, the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition for nomination, nomination
papers, or certificate of nomination for that office, whichever
is applicable, then (i) the candidate's name on the ballot must
be followed by "formerly known as (list all prior names during
the 3-year period) until name changed on (list date of each
such name change)" and (ii) the petition, papers, or
certificate must be accompanied by the candidate's affidavit
stating the candidate's previous names during the period
specified in (i) and the date or dates each of those names was
changed; failure to meet these requirements shall be grounds
for denying certification of the candidate's name for the
ballot or removing the candidate's name from the ballot, as
appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage to assume a spouse's surname, or
dissolution of marriage or declaration of invalidity of

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marriage to assume a former surname. No other designation such
as a political slogan, title, or degree or nickname suggesting
or implying possession of a title, degree or professional
status, or similar information may be used in connection with
the candidate's surname. For purposes of this Section, a
"political slogan" is defined as any word or words expressing
or connoting a position, opinion, or belief that the candidate
may espouse, including but not limited to, any word or words
conveying any meaning other than that of the personal identity
of the candidate. A candidate may not use a political slogan as
part of his or her name on the ballot, notwithstanding that the
political slogan may be part of the candidate's name.
(f) The State Board of Elections, a local election
official, or an election authority shall remove any candidate's
name designation from a ballot that is inconsistent with
subsection (e) of this Section. In addition, the State Board of
Elections, a local election official, or an election authority
shall not certify to any election authority any candidate name
designation that is inconsistent with subsection (e) of this
Section.
(g) If the State Board of Elections, a local election
official, or an election authority removes a candidate's name
designation from a ballot under subsection (f) of this Section,
then the aggrieved candidate may seek appropriate relief in
circuit court.
Where voting machines or electronic voting systems are

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used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
Nothing in this Section shall prohibit election
authorities from using or reusing ballot card envelopes which
were printed before the effective date of this amendatory Act
of 1985.
(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07;
95-862, eff. 8-19-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.