Bill Text: IL HB5820 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Election Code. Provides for the joint nomination of candidates for the offices of Governor and Lieutenant Governor.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Passed) 2010-07-12 - Public Act . . . . . . . . . 96-1018 [HB5820 Detail]

Download: Illinois-2009-HB5820-Enrolled.html

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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
Sections 7-10, 7-19, 7-46, 7-52, 7-53, and 24B-6 as follows:
(10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
Sec. 7-10. Form of petition for nomination. The name of no
candidate for nomination, or State central committeeman, or
township committeeman, or precinct committeeman, or ward
committeeman or candidate for delegate or alternate delegate to
national nominating conventions, shall be printed upon the
primary ballot unless a petition for nomination has been filed
in his behalf as provided in this Article in substantially the
following form:
We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party, in
the .... of ...., in the county of .... and State of Illinois,
do hereby petition that the following named person or persons
shall be a candidate or candidates of the .... party for the
nomination for (or in case of committeemen for election to) the
office or offices hereinafter specified, to be voted for at the
primary election to be held on (insert date).
Name Office Address

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John Jones Governor Belvidere, Ill.
Jane James Lieutenant Governor Peoria, Ill.
Thomas Smith Attorney General Oakland, Ill.
Name.................. Address.......................
State of Illinois)
) ss.
County of........)
I, ...., do hereby certify that I reside at No. ....
street, in the .... of ...., county of ...., and State of
....., that I am 18 years of age or older, that I am a citizen
of the United States, and that the signatures on this sheet
were signed in my presence, and are genuine, and that to the
best of my knowledge and belief the persons so signing were at
the time of signing the petitions qualified voters of the ....
party, and that their respective residences are correctly
stated, as above set forth.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an appropriate
heading giving the information as to name of candidate or

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candidates, in whose behalf such petition is signed; the
office, the political party represented and place of residence;
and the heading of each sheet shall be the same.
Such petition shall be signed by qualified primary electors
residing in the political division for which the nomination is
sought in their own proper persons only and opposite the
signature of each signer, his residence address shall be
written or printed. The residence address required to be
written or printed opposite each qualified primary elector's
name shall include the street address or rural route number of
the signer, as the case may be, as well as the signer's county,
and city, village or town, and state. However the county or
city, village or town, and state of residence of the electors
may be printed on the petition forms where all of the electors
signing the petition reside in the same county or city, village
or town, and state. Standard abbreviations may be used in
writing the residence address, including street number, if any.
At the bottom of each sheet of such petition shall be added a
circulator statement signed by a person 18 years of age or
older who is a citizen of the United States, stating the street
address or rural route number, as the case may be, as well as
the county, city, village or town, and state; and certifying
that the signatures on that sheet of the petition were signed
in his or her presence and certifying that the signatures are
genuine; and either (1) indicating the dates on which that
sheet was circulated, or (2) indicating the first and last

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dates on which the sheet was circulated, or (3) certifying that
none of the signatures on the sheet were signed more than 90
days preceding the last day for the filing of the petition and
certifying that to the best of his or her knowledge and belief
the persons so signing were at the time of signing the
petitions qualified voters of the political party for which a
nomination is sought. Such statement shall be sworn to before
some officer authorized to administer oaths in this State.
No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 7-12 for the filing
of such petition.
The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
(1) the person striking the signature shall initial the
petition at the place where the signature is struck; and
(2) the person striking the signature shall sign a
certification listing the page number and line number of
each signature struck from the petition. Such
certification shall be filed as a part of the petition.
Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All petition

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sheets which are filed with the proper local election
officials, election authorities or the State Board of Elections
shall be the original sheets which have been signed by the
voters and by the circulator thereof, and not photocopies or
duplicates of such sheets. Each petition must include as a part
thereof, a statement of candidacy for each of the candidates
filing, or in whose behalf the petition is filed. This
statement shall set out the address of such candidate, the
office for which he is a candidate, shall state that the
candidate is a qualified primary voter of the party to which
the petition relates and is qualified for the office specified
(in the case of a candidate for State's Attorney it shall state
that the candidate is at the time of filing such statement a
licensed attorney-at-law of this State), shall state that he
has filed (or will file before the close of the petition filing
period) a statement of economic interests as required by the
Illinois Governmental Ethics Act, shall request that the
candidate's name be placed upon the official ballot, and shall
be subscribed and sworn to by such candidate before some
officer authorized to take acknowledgment of deeds in the State
and shall be in substantially the following form:
Statement of Candidacy
Name Address Office District Party
John Jones 102 Main St. Governor Statewide Republican
Belvidere,
Illinois

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State of Illinois)
) ss.
County of .......)
I, ...., being first duly sworn, say that I reside at ....
Street in the city (or village) of ...., in the county of ....,
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of the .... party; that I am a
candidate for nomination (for election in the case of
committeeman and delegates and alternate delegates) to the
office of .... to be voted upon at the primary election to be
held on (insert date); that I am legally qualified (including
being the holder of any license that may be an eligibility
requirement for the office I seek the nomination for) to hold
such office and that I have filed (or I will file before the
close of the petition filing period) a statement of economic
interests as required by the Illinois Governmental Ethics Act
and I hereby request that my name be printed upon the official
primary ballot for nomination for (or election to in the case
of committeemen and delegates and alternate delegates) such
office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).
Signed ....................
(Official Character)

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(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or added
to, and no signatures shall be revoked except by revocation
filed in writing with the State Board of Elections, election
authority or local election official with whom the petition is
required to be filed, and before the filing of such petition.
Whoever forges the name of a signer upon any petition required
by this Article is deemed guilty of a forgery and on conviction
thereof shall be punished accordingly.
A candidate for the offices listed in this Section must
obtain the number of signatures specified in this Section on
his or her petition for nomination.
(a) Statewide office or delegate to a national nominating
convention. If a candidate seeks to run for statewide office or
as a delegate or alternate delegate to a national nominating
convention elected from the State at-large, then the
candidate's petition for nomination must contain at least 5,000
but not more than 10,000 signatures.
(b) Congressional office or congressional delegate to a
national nominating convention. If a candidate seeks to run for
United States Congress or as a congressional delegate or
alternate congressional delegate to a national nominating
convention elected from a congressional district, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary

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electors of his or her party in his or her congressional
district. In the first primary election following a
redistricting of congressional districts, a candidate's
petition for nomination must contain at least 600 signatures of
qualified primary electors of the candidate's political party
in his or her congressional district.
(c) County office. If a candidate seeks to run for any
countywide office, including but not limited to county board
chairperson or county board member, elected on an at-large
basis, in a county other than Cook County, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified electors of his or
her party who cast votes at the last preceding general election
in his or her county. If a candidate seeks to run for county
board member elected from a county board district, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary
electors of his or her party in the county board district. In
the first primary election following a redistricting of county
board districts or the initial establishment of county board
districts, a candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the
qualified electors of his or her party in the entire county who
cast votes at the last preceding general election divided by
the total number of county board districts comprising the
county board; provided that in no event shall the number of

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signatures be less than 25.
(d) County office; Cook County only.
(1) If a candidate seeks to run for countywide office
in Cook County, then the candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
who cast votes at the last preceding general election in
Cook County.
(2) If a candidate seeks to run for Cook County Board
Commissioner, then the candidate's petition for nomination
must contain at least the number of signatures equal to
0.5% of the qualified primary electors of his or her party
in his or her county board district. In the first primary
election following a redistricting of Cook County Board of
Commissioners districts, a candidate's petition for
nomination must contain at least the number of signatures
equal to 0.5% of the qualified electors of his or her party
in the entire county who cast votes at the last preceding
general election divided by the total number of county
board districts comprising the county board; provided that
in no event shall the number of signatures be less than 25.
(3) If a candidate seeks to run for Cook County Board
of Review Commissioner, which is elected from a district
pursuant to subsection (c) of Section 5-5 of the Property
Tax Code, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of

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the total number of registered voters in his or her board
of review district in the last general election at which a
commissioner was regularly scheduled to be elected from
that board of review district. In no event shall the number
of signatures required be greater than the requisite number
for a candidate who seeks countywide office in Cook County
under subsection (d)(1) of this Section. In the first
primary election following a redistricting of Cook County
Board of Review districts, a candidate's petition for
nomination must contain at least 4,000 signatures or at
least the number of signatures required for a countywide
candidate in Cook County, whichever is less, of the
qualified electors of his or her party in the district.
(e) Municipal or township office. If a candidate seeks to
run for municipal or township office, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the municipality or township. If a
candidate seeks to run for alderman of a municipality, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary
electors of his or her party of the ward. In the first primary
election following redistricting of aldermanic wards or
trustee districts of a municipality or the initial
establishment of wards or districts, a candidate's petition for
nomination must contain the number of signatures equal to at

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least 0.5% of the total number of votes cast for the candidate
of that political party who received the highest number of
votes in the entire municipality at the last regular election
at which an officer was regularly scheduled to be elected from
the entire municipality, divided by the number of wards or
districts. In no event shall the number of signatures be less
than 25.
(f) State central committeeperson. If a candidate seeks to
run for State central committeeperson, then the candidate's
petition for nomination must contain at least 100 signatures of
the primary electors of his or her party of his or her
congressional district.
(g) Sanitary district trustee. If a candidate seeks to run
for trustee of a sanitary district in which trustees are not
elected from wards, then the candidate's petition for
nomination must contain at least the number of signatures equal
to 0.5% of the primary electors of his or her party from the
sanitary district. If a candidate seeks to run for trustee of a
sanitary district in which trustees are elected from wards,
then the candidate's petition for nomination must contain at
least the number of signatures equal to 0.5% of the primary
electors of his or her party in the ward of that sanitary
district. In the first primary election following
redistricting of sanitary districts elected from wards, a
candidate's petition for nomination must contain at least the
signatures of 150 qualified primary electors of his or her ward

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of that sanitary district.
(h) Judicial office. If a candidate seeks to run for
judicial office in a district, then the candidate's petition
for nomination must contain the number of signatures equal to
0.4% of the number of votes cast in that district for the
candidate for his or her political party for the office of
Governor at the last general election at which a Governor was
elected, but in no event less than 500 signatures. If a
candidate seeks to run for judicial office in a circuit or
subcircuit, then the candidate's petition for nomination must
contain the number of signatures equal to 0.25% of the number
of votes cast for the judicial candidate of his or her
political party who received the highest number of votes at the
last general election at which a judicial officer from the same
circuit or subcircuit was regularly scheduled to be elected,
but in no event less than 500 signatures.
(i) Precinct, ward, and township committeeperson. If a
candidate seeks to run for precinct committeeperson, then the
candidate's petition for nomination must contain at least 10
signatures of the primary electors of his or her party for the
precinct. If a candidate seeks to run for ward committeeperson,
then the candidate's petition for nomination must contain no
less than the number of signatures equal to 10% of the primary
electors of his or her party of the ward, but no more than 16%
of those same electors; provided that the maximum number of
signatures may be 50 more than the minimum number, whichever is

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greater. If a candidate seeks to run for township
committeeperson, then the candidate's petition for nomination
must contain no less than the number of signatures equal to 5%
of the primary electors of his or her party of the township,
but no more than 8% of those same electors; provided that the
maximum number of signatures may be 50 more than the minimum
number, whichever is greater.
(j) State's attorney or regional superintendent of schools
for multiple counties. If a candidate seeks to run for State's
attorney or regional Superintendent of Schools who serves more
than one county, then the candidate's petition for nomination
must contain at least the number of signatures equal to 0.5% of
the primary electors of his or her party in the territory
comprising the counties.
(k) Any other office. If a candidate seeks any other
office, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
registered voters of the political subdivision, district, or
division for which the nomination is made or 25 signatures,
whichever is greater.
For purposes of this Section the number of primary electors
shall be determined by taking the total vote cast, in the
applicable district, for the candidate for that political party
who received the highest number of votes, statewide, at the
last general election in the State at which electors for
President of the United States were elected. For political

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subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the political subdivision at the last regular election at
which an officer was regularly scheduled to be elected from
that subdivision. For wards or districts of political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the ward or district at the last regular election at which
an officer was regularly scheduled to be elected from that ward
or district.
A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
The changes made to this Section of this amendatory Act of
the 93rd General Assembly are declarative of existing law,
except for item (3) of subsection (d).
Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices. In the case of the offices of
Governor and Lieutenant Governor, a joint petition including
one candidate for each of those offices must be filed.
(Source: P.A. 94-645, eff. 8-22-05; 95-699, eff. 11-9-07;
95-916, eff. 8-26-08.)

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(10 ILCS 5/7-19) (from Ch. 46, par. 7-19)
Sec. 7-19. The primary ballot of each political party for
each precinct shall be arranged and printed substantially in
the manner following:
1. Designating words. At the top of the ballot shall be
printed in large capital letters, words designating the ballot,
if a Republican ballot, the designating words shall be:
"REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the
designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and in
like manner for each political party.
2. Order of Names, Directions to Voters, etc. Beginning not
less than one inch below designating words, the name of each
office to be filled shall be printed in capital letters. Such
names may be printed on the ballot either in a single column or
in 2 or more columns and in the following order, to-wit:
President of the United States, State offices,
congressional offices, delegates and alternate delegates to be
elected from the State at large to National nominating
conventions, delegates and alternate delegates to be elected
from congressional districts to National nominating
conventions, member or members of the State central committee,
trustees of sanitary districts, county offices, judicial
officers, city, village and incorporated town offices, town
offices, or of such of the said offices as candidates are to be
nominated for at such primary, and precinct, township or ward

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committeemen. If two or more columns are used, the foregoing
offices to and including member of the State central committee
shall be listed in the left-hand column and Senatorial offices,
as defined in Section 8-3, shall be the first offices listed in
the second column.
Below the name of each office shall be printed in small
letters the directions to voters: "Vote for one"; "Vote for not
more than two"; "Vote for not more than three". 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".
Next to the name of each candidate for delegate or
alternate delegate to a national nominating convention shall
appear either (a) the name of the candidate's preference for
President of the United States or the word "uncommitted" or (b)
no official designation, depending upon the action taken by the
State central committee pursuant to Section 7-10.3 of this Act.
Below the name of each office shall be printed in capital
letters the names of all candidates, arranged in the order in
which their petitions for nominations were filed, except as
otherwise provided in Sections 7-14 and 7-17 of this Article.
Opposite and in front of the name of each candidate shall be
printed a square and all squares upon the primary ballot shall
be of uniform size. The names of each team of candidates for
Governor and Lieutenant Governor, however, shall be printed

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within a bracket, and a single square shall be printed in front
of the bracket. Spaces between the names of candidates under
each office shall be uniform and sufficient spaces shall
separate the names of candidates for one office from the names
of candidates for another office, to avoid confusion and to
permit the writing in of the names of other candidates.
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
(Source: P.A. 95-862, eff. 8-19-08.)
(10 ILCS 5/7-46) (from Ch. 46, par. 7-46)
Sec. 7-46. On receiving from the primary judges a primary
ballot of his party, the primary elector shall forthwith and
without leaving the polling place, retire alone to one of the
voting booths and prepare such primary ballot by marking a
cross (X) in the square in front of and opposite the name of
each candidate of his choice for each office to be filled, and
for delegates and alternate delegates to national nominating
conventions, and for committeemen, if committeemen are being
elected at such primary. A cross (X) in the square in front of
the bracket enclosing the names of a team of candidates for
Governor and Lieutenant Governor counts as one vote for each of
those candidates.
Any primary elector may, instead of voting for any

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candidate for nomination or for committeeman or for delegate or
alternate delegate to national nominating conventions, whose
name is printed on the primary ballot, write in the name of any
other person affiliated with such party as a candidate for the
nomination for any office, or for committeeman, or for
delegates or alternate delegates to national nominating
conventions, and indicate his choice of such candidate or
committeeman or delegate or alternate delegate, by placing to
the left of and opposite the name thus written a square and
placing in the square a cross (X). A primary elector, however,
may not by this method vote separately for Governor and
Lieutenant Governor but must write in the names of candidates
of his or her choice for both offices and indicate his or her
choice of those names by placing a single square to the left of
those names and placing in that square a cross (X).
Where voting machines or electronic voting systems are
used, the provisions of this section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
(Source: Laws 1965, p. 2220.)
(10 ILCS 5/7-52) (from Ch. 46, par. 7-52)
Sec. 7-52. Immediately upon closing the polls, the primary
judges shall proceed to canvass the votes in the manner
following:
(1) They shall separate and count the ballots of each

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political party.
(2) They shall then proceed to ascertain the number of
names entered on the applications for ballot under each party
affiliation.
(3) If the primary ballots of any political party exceed
the number of applications for ballot by voters of such
political party, the primary ballots of such political party
shall be folded and replaced in the ballot box, the box closed,
well shaken and again opened and one of the primary judges, who
shall be blindfolded, shall draw out so many of the primary
ballots of such political party as shall be equal to such
excess. Such excess ballots shall be marked "Excess-Not
Counted" and signed by a majority of the judges and shall be
placed in the "After 6:00 p.m. Defective Ballots Envelope". The
number of excess ballots shall be noted in the remarks section
of the Certificate of Results. "Excess" ballots shall not be
counted in the total of "defective" ballots;
(4) The primary judges shall then proceed to count the
primary ballots of each political party separately; and as the
primary judges shall open and read the primary ballots, 3 of
the judges shall carefully and correctly mark upon separate
tally sheets the votes which each candidate of the party whose
name is written or printed on the primary ballot has received,
in a separate column for that purpose, with the name of such
candidate, the name of his political party and the name of the
office for which he is a candidate for nomination at the head

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of such column. The same column, however, shall be used for
both names of the same team of candidates for Governor and
Lieutenant Governor.
Where voting machines or electronic voting systems are
used, the provisions of this section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
(Source: P.A. 80-484.)
(10 ILCS 5/7-53) (from Ch. 46, par. 7-53)
Sec. 7-53. As soon as the ballots of a political party
shall have been read and the votes of the political party
counted, as provided in the last above section, the 3 judges in
charge of the tally sheets shall foot up the tally sheets so as
to show the total number of votes cast for each candidate of
the political party and for each candidate for State Central
committeeman and precinct committeeman, township committeeman
or ward committeeman, and delegate and alternate delegate to
National nominating conventions, and certify the same to be
correct. Thereupon, the primary judges shall set down in a
certificate of results on the tally sheet, under the name of
the political party, the name of each candidate voted for upon
the primary ballot, written at full length, the name of the
office for which he is a candidate for nomination or for
committeeman, or delegate or alternate delegate to National
nominating conventions, the total number of votes which the

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candidate received, and they shall also set down the total
number of ballots voted by the primary electors of the
political party in the precinct. The certificate of results
shall be made substantially in the following form:
................ Party
At the primary election held in the .... precinct of the
(1) *township of ...., or (2) *City of ...., or (3) *.... ward
in the city of .... on (insert date), the primary electors of
the .... party voted .... ballots, and the respective
candidates whose names were written or printed on the primary
ballot of the .... party, received respectively the following
votes:
Name of No. of
Candidate, Title of Office, Votes
John Jones Governor 100
Jane James Lieutenant Governor 100
Sam Smith Governor 70
Samantha Smythe Lieutenant Governor 70
Frank Martin Attorney General 150
William Preston Rep. in Congress 200
Frederick John Circuit Judge 50
*Fill in either (1), (2) or (3).
And so on for each candidate.
We hereby certify the above and foregoing to be true and
correct.
Dated (insert date).

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...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
Judges of Primary
Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 and Article 24A, whichever
is applicable.
(Source: P.A. 91-357, eff. 7-29-99.)
(10 ILCS 5/24B-6)
Sec. 24B-6. Ballot Information; Arrangement; Electronic
Precinct Tabulation Optical Scan Technology Voting System;
Absentee Ballots; Spoiled Ballots. The ballot information,
shall, as far as practicable, be in the order of arrangement
provided for paper ballots, except that the information may be
in vertical or horizontal rows, or on a number of separate

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pages or displays on the marking device. Ballots for all
questions or propositions to be voted on should be provided in
a similar manner and must be arranged on the ballot sheet or
marking device in the places provided for such purposes.
Ballots shall be of white paper unless provided otherwise by
administrative rule of the State Board of Elections or
otherwise specified.
All propositions, including but not limited to
propositions calling for a constitutional convention,
constitutional amendment, judicial retention, and public
measures to be voted upon shall be placed on separate portions
of the ballot sheet or marking device by utilizing borders or
grey screens. Candidates shall be listed on a separate portion
of the ballot sheet or marking device by utilizing borders or
grey screens. Whenever a person has submitted a declaration of
intent to be a write-in candidate as required in Sections
17-16.1 and 18-9.1, a line or lines on which the voter may
select a write-in candidate shall be printed below the name of
the last candidate nominated for such office. Such line or
lines shall be proximate to an area provided for marking votes
for the write-in candidate or candidates. The number of
write-in lines for an office shall equal the number of persons
who have filed declarations of intent to be write-in candidates
plus an additional line or lines for write-in candidates who
qualify to file declarations to be write-in candidates under
Sections 17-16.1 and 18-9.1 when the certification of ballot

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contains the words "OBJECTION PENDING" next to the name of that
candidate, up to the number of candidates for which a voter may
vote. In the case of write-in lines for the offices of Governor
and Lieutenant Governor, 2 lines shall be printed within a
bracket and a single square shall be printed in front of the
bracket. More than one amendment to the constitution may be
placed on the same portion of the ballot sheet or marking
device. Constitutional convention or constitutional amendment
propositions shall be printed or displayed on a separate
portion of the ballot sheet or marking device and designated by
borders or grey screens, unless otherwise provided by
administrative rule of the State Board of Elections. More than
one public measure or proposition may be placed on the same
portion of the ballot sheet or marking device. More than one
proposition for retention of judges in office may be placed on
the same portion of the ballot sheet or marking device. Names
of candidates shall be printed in black. The party affiliation
of each candidate or the word "independent" shall appear near
or under the candidate's name, and the names of candidates for
the same office shall be listed vertically under the title of
that office, on separate pages of the marking device, or as
otherwise approved by the State Board of Elections. 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". In the case of

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nonpartisan elections for officers of political subdivisions,
unless the statute or an ordinance adopted pursuant to Article
VII of the Constitution requires otherwise, the listing of
nonpartisan candidates shall not include any party or
"independent" designation. Judicial retention questions and
ballot questions for all public measures and other propositions
shall be designated by borders or grey screens on the ballot or
marking device. In primary elections, a separate ballot, or
displays on the marking device, shall be used for each
political party holding a primary, with the ballot or marking
device arranged to include names of the candidates of the party
and public measures and other propositions to be voted upon on
the day of the primary election.
If the ballot includes both candidates for office and
public measures or propositions to be voted on, the election
official in charge of the election shall divide the ballot or
displays on the marking device in sections for "Candidates" and
"Propositions", or separate ballots may be used.
Absentee ballots may consist of envelopes, paper ballots or
ballot sheets voted in person in the office of the election
official in charge of the election or voted by mail. Where a
Precinct Tabulation Optical Scan Technology ballot is used for
voting by mail it must be accompanied by voter instructions.
Any voter who spoils his or her ballot, makes an error, or
has a ballot returned by the automatic tabulating equipment may
return the ballot to the judges of election and get another

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ballot.
(Source: P.A. 95-699, eff. 11-9-07; 95-862, eff. 8-19-08.)