Bill Text: IL SB2477 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Amends the Election Code. Provides that when a person who intends to be a write-in candidate for an uncontested office has not timely filed nomination papers but has filed a written statement or notice of his or her intent, no primary ballot shall be printed (rather than requiring a primary ballot to be prepared and a primary election held). Removes language concerning requirements for the written statement or notice. Removes language providing that an election authority has no duty to conduct a primary and prepare a ballot for a uncontested office, unless the written statement or notice is filed in a timely manner. Provides that where no primary is held, a person intending to become a write-in candidate shall re-file a declaration of intent to be a write-in candidate for the consolidated election with the appropriate election authority or authorities. Provides that a write-in candidate's notarized declaration of intent needs to be filed no more than 106 days before a primary or election for write-in votes for the candidate to be counted. Provides that a declaration of intent to be a write-in candidate shall include specified information, otherwise, the declaration shall not be accepted. Provides that persons intending to become write-in candidates for President and Vice President or Governor and Lieutenant Governor shall file a joint declaration of intent to be a write-in candidate that identifies the candidate for each office. Provides that a vote cast for either candidate shall constitute a valid write-in vote for the team of candidates.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2019-01-09 - Session Sine Die [SB2477 Detail]

Download: Illinois-2017-SB2477-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 SB2477 Introduced 1/30/2018, by Sen. Terry Link SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-5 from Ch. 46, par. 7-5
10 ILCS 5/7-12 from Ch. 46, par. 7-12
10 ILCS 5/7-59 from Ch. 46, par. 7-59
10 ILCS 5/17-16.1 from Ch. 46, par. 17-16.1
10 ILCS 5/18-9.1 from Ch. 46, par. 18-9.1
Amends the Election Code. Provides that when a person who intends to be a write-in candidate for an uncontested office has not timely filed nomination papers but has filed a written statement or notice of his or her intent, no primary ballot shall be printed (rather than requiring a primary ballot to be prepared and a primary election held). Removes language concerning requirements for the written statement or notice. Removes language providing that an election authority has no duty to conduct a primary and prepare a ballot for a uncontested office, unless the written statement or notice is filed in a timely manner. Provides that where no primary is held, a person intending to become a write-in candidate shall re-file a declaration of intent to be a write-in candidate for the consolidated election with the appropriate election authority or authorities. Provides that a write-in candidate's notarized declaration of intent needs to be filed no more than 106 days before a primary or election for write-in votes for the candidate to be counted. Provides that a declaration of intent to be a write-in candidate shall include specified information, otherwise, the declaration shall not be accepted. Provides that person intending to become write-in candidates for President and Vice President or Governor and Lieutenant Governor shall file a joint declaration of intent to be a write in candidate that identifies the candidate for each office. Provides that a vote cast for either candidate shall constitute a valid write-in vote for the team of candidates.
LRB100 17213 MJP 32372 b
A BILL FOR
SB2477 LRB100 17213 MJP 32372 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 7-5, 7-12, 7-59, 17-16.1, and 18-9.1 as follows:
(10 ILCS 5/7-5) (from Ch. 46, par. 7-5)
Sec. 7-5. (a) Primary elections shall be held on the dates
prescribed in Article 2A.
(b) Notwithstanding the provisions of any other statute, no
primary shall be held for an established political party in any
township, municipality, or ward thereof, where the nomination
of such party for every office to be voted upon by the electors
of such township, municipality, or ward thereof, is
uncontested. Whenever a political party's nomination of
candidates is uncontested as to one or more, but not all, of
the offices to be voted upon by the electors of a township,
municipality, or ward thereof, then a primary shall be held for
that party in such township, municipality, or ward thereof;
provided that the primary ballot shall not include those
offices within such township, municipality, or ward thereof,
for which the nomination is uncontested. For purposes of this
Article, the nomination of an established political party of a
candidate for election to an office shall be deemed to be

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uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers seeking the
nomination of such party for election to such office.
(c) Notwithstanding the provisions of any other statute, no
primary election shall be held for an established political
party for any special primary election called for the purpose
of filling a vacancy in the office of representative in the
United States Congress where the nomination of such political
party for said office is uncontested. For the purposes of this
Article, the nomination of an established political party of a
candidate for election to said office shall be deemed to be
uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers seeking the
nomination of such established party for election to said
office. This subsection (c) shall not apply if such primary
election is conducted on a regularly scheduled election day.
(d) Notwithstanding the provisions of any other law to the
contrary, in subsection (b) and (c) of this Section whenever a
person who has not timely filed valid nomination papers and who
intends to become a write-in candidate for a political party's
nomination for any office for which the nomination is
uncontested files a written statement or notice of that intent
with the State Board of Elections or the local election
official with whom nomination papers for such office are filed,
no primary ballot shall be printed. Where no primary is held, a
person intending to become a write-in candidate at the

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consolidated primary election shall re-file a declaration of
intent to be a write-in candidate for the consolidated election
with the appropriate election authority or authorities a
primary ballot shall be prepared and a primary shall be held
for that office. Such statement or notice shall be filed on or
before the date established in this Article for certifying
candidates for the primary ballot. Such statement or notice
shall contain (i) the name and address of the person intending
to become a write-in candidate, (ii) a statement that the
person is a qualified primary elector of the political party
from whom the nomination is sought, (iii) a statement that the
person intends to become a write-in candidate for the party's
nomination, and (iv) the office the person is seeking as a
write-in candidate. An election authority shall have no duty to
conduct a primary and prepare a primary ballot for any office
for which the nomination is uncontested, unless a statement or
notice meeting the requirements of this Section is filed in a
timely manner.
(e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
(Source: P.A. 86-873.)
(10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
Sec. 7-12. All petitions for nomination shall be filed by
mail or in person as follows:
(1) Where the nomination is to be made for a State,
congressional, or judicial office, or for any office a

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nomination for which is made for a territorial division or
district which comprises more than one county or is partly
in one county and partly in another county or counties,
then, except as otherwise provided in this Section, such
petition for nomination shall be filed in the principal
office of the State Board of Elections not more than 113
and not less than 106 days prior to the date of the
primary, but, in the case of petitions for nomination to
fill a vacancy by special election in the office of
representative in Congress from this State, such petition
for nomination shall be filed in the principal office of
the State Board of Elections not more than 85 days and not
less than 82 days prior to the date of the primary.
Where a vacancy occurs in the office of Supreme,
Appellate or Circuit Court Judge within the 3-week period
preceding the 106th day before a general primary election,
petitions for nomination for the office in which the
vacancy has occurred shall be filed in the principal office
of the State Board of Elections not more than 92 nor less
than 85 days prior to the date of the general primary
election.
Where the nomination is to be made for delegates or
alternate delegates to a national nominating convention,
then such petition for nomination shall be filed in the
principal office of the State Board of Elections not more
than 113 and not less than 106 days prior to the date of

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the primary; provided, however, that if the rules or
policies of a national political party conflict with such
requirements for filing petitions for nomination for
delegates or alternate delegates to a national nominating
convention, the chairman of the State central committee of
such national political party shall notify the Board in
writing, citing by reference the rules or policies of the
national political party in conflict, and in such case the
Board shall direct such petitions to be filed in accordance
with the delegate selection plan adopted by the state
central committee of such national political party.
(2) Where the nomination is to be made for a county
office or trustee of a sanitary district then such petition
shall be filed in the office of the county clerk not more
than 113 nor less than 106 days prior to the date of the
primary.
(3) Where the nomination is to be made for a municipal
or township office, such petitions for nomination shall be
filed in the office of the local election official, not
more than 99 nor less than 92 days prior to the date of the
primary; provided, where a municipality's or township's
boundaries are coextensive with or are entirely within the
jurisdiction of a municipal board of election
commissioners, the petitions shall be filed in the office
of such board; and provided, that petitions for the office
of multi-township assessor shall be filed with the election

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authority.
(4) The petitions of candidates for State central
committeeman shall be filed in the principal office of the
State Board of Elections not more than 113 nor less than
106 days prior to the date of the primary.
(5) Petitions of candidates for precinct, township or
ward committeemen shall be filed in the office of the
county clerk not more than 113 nor less than 106 days prior
to the date of the primary.
(6) The State Board of Elections and the various
election authorities and local election officials with
whom such petitions for nominations are filed shall specify
the place where filings shall be made and upon receipt
shall endorse thereon the day and hour on which each
petition was filed. All petitions filed by persons waiting
in line as of 8:00 a.m. on the first day for filing, or as
of the normal opening hour of the office involved on such
day, shall be deemed filed as of 8:00 a.m. or the normal
opening hour, as the case may be. Petitions filed by mail
and received after midnight of the first day for filing and
in the first mail delivery or pickup of that day shall be
deemed as filed as of 8:00 a.m. of that day or as of the
normal opening hour of such day, as the case may be. All
petitions received thereafter shall be deemed as filed in
the order of actual receipt. However, 2 or more petitions
filed within the last hour of the filing deadline shall be

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deemed filed simultaneously. Where 2 or more petitions are
received simultaneously, the State Board of Elections or
the various election authorities or local election
officials with whom such petitions are filed shall break
ties and determine the order of filing, by means of a
lottery or other fair and impartial method of random
selection approved by the State Board of Elections. Such
lottery shall be conducted within 9 days following the last
day for petition filing and shall be open to the public.
Seven days written notice of the time and place of
conducting such random selection shall be given by the
State Board of Elections to the chairman of the State
central committee of each established political party, and
by each election authority or local election official, to
the County Chairman of each established political party,
and to each organization of citizens within the election
jurisdiction which was entitled, under this Article, at the
next preceding election, to have pollwatchers present on
the day of election. The State Board of Elections, election
authority or local election official shall post in a
conspicuous, open and public place, at the entrance of the
office, notice of the time and place of such lottery. The
State Board of Elections shall adopt rules and regulations
governing the procedures for the conduct of such lottery.
All candidates shall be certified in the order in which
their petitions have been filed. Where candidates have

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filed simultaneously, they shall be certified in the order
determined by lot and prior to candidates who filed for the
same office at a later time.
(7) The State Board of Elections or the appropriate
election authority or local election official with whom
such a petition for nomination is filed shall notify the
person for whom a petition for nomination has been filed of
the obligation to file statements of organization, reports
of campaign contributions, and annual reports of campaign
contributions and expenditures under Article 9 of this Act.
Such notice shall be given in the manner prescribed by
paragraph (7) of Section 9-16 of this Code.
(8) Nomination papers filed under this Section are not
valid if the candidate named therein fails to file a
statement of economic interests as required by the Illinois
Governmental Ethics Act in relation to his candidacy with
the appropriate officer by the end of the period for the
filing of nomination papers unless he has filed a statement
of economic interests in relation to the same governmental
unit with that officer within a year preceding the date on
which such nomination papers were filed. If the nomination
papers of any candidate and the statement of economic
interest of that candidate are not required to be filed
with the same officer, the candidate must file with the
officer with whom the nomination papers are filed a receipt
from the officer with whom the statement of economic

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interests is filed showing the date on which such statement
was filed. Such receipt shall be so filed not later than
the last day on which nomination papers may be filed.
(9) Any person for whom a petition for nomination, or
for committeeman or for delegate or alternate delegate to a
national nominating convention has been filed may cause his
name to be withdrawn by request in writing, signed by him
and duly acknowledged before an officer qualified to take
acknowledgments of deeds, and filed in the principal or
permanent branch office of the State Board of Elections or
with the appropriate election authority or local election
official, not later than the date of certification of
candidates for the consolidated primary or general primary
ballot. No names so withdrawn shall be certified or printed
on the primary ballot. If petitions for nomination have
been filed for the same person with respect to more than
one political party, his name shall not be certified nor
printed on the primary ballot of any party. If petitions
for nomination have been filed for the same person for 2 or
more offices which are incompatible so that the same person
could not serve in more than one of such offices if
elected, that person must withdraw as a candidate for all
but one of such offices within the 5 business days
following the last day for petition filing. A candidate in
a judicial election may file petitions for nomination for
only one vacancy in a subcircuit and only one vacancy in a

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circuit in any one filing period, and if petitions for
nomination have been filed for the same person for 2 or
more vacancies in the same circuit or subcircuit in the
same filing period, his or her name shall be certified only
for the first vacancy for which the petitions for
nomination were filed. If he fails to withdraw as a
candidate for all but one of such offices within such time
his name shall not be certified, nor printed on the primary
ballot, for any office. For the purpose of the foregoing
provisions, an office in a political party is not
incompatible with any other office.
(10)(a) Notwithstanding the provisions of any other
statute, no primary shall be held for an established
political party in any township, municipality, or ward
thereof, where the nomination of such party for every
office to be voted upon by the electors of such township,
municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested
as to one or more, but not all, of the offices to be voted
upon by the electors of a township, municipality, or ward
thereof, then a primary shall be held for that party in
such township, municipality, or ward thereof; provided
that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for
which the nomination is uncontested. For purposes of this
Article, the nomination of an established political party

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of a candidate for election to an office shall be deemed to
be uncontested where not more than the number of persons to
be nominated have timely filed valid nomination papers
seeking the nomination of such party for election to such
office.
(b) Notwithstanding the provisions of any other
statute, no primary election shall be held for an
established political party for any special primary
election called for the purpose of filling a vacancy in the
office of representative in the United States Congress
where the nomination of such political party for said
office is uncontested. For the purposes of this Article,
the nomination of an established political party of a
candidate for election to said office shall be deemed to be
uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers
seeking the nomination of such established party for
election to said office. This subsection (b) shall not
apply if such primary election is conducted on a regularly
scheduled election day.
(c) Notwithstanding the provisions of any other law to
the contrary in subparagraph (a) and (b) of this paragraph
(10), whenever a person who has not timely filed valid
nomination papers and who intends to become a write-in
candidate for a political party's nomination for any office
for which the nomination is uncontested files a written

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statement or notice of that intent with the State Board of
Elections or the local election official with whom
nomination papers for such office are filed, no primary
ballot shall be printed. Where no primary is held, a person
intending to become a write-in candidate at the
consolidated primary election shall re-file a declaration
of intent to be a write-in candidate for the consolidated
election with the appropriate election authority or
authorities a primary ballot shall be prepared and a
primary shall be held for that office. Such statement or
notice shall be filed on or before the date established in
this Article for certifying candidates for the primary
ballot. Such statement or notice shall contain (i) the name
and address of the person intending to become a write-in
candidate, (ii) a statement that the person is a qualified
primary elector of the political party from whom the
nomination is sought, (iii) a statement that the person
intends to become a write-in candidate for the party's
nomination, and (iv) the office the person is seeking as a
write-in candidate. An election authority shall have no
duty to conduct a primary and prepare a primary ballot for
any office for which the nomination is uncontested unless a
statement or notice meeting the requirements of this
Section is filed in a timely manner.
(11) If multiple sets of nomination papers are filed
for a candidate to the same office, the State Board of

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Elections, appropriate election authority or local
election official where the petitions are filed shall
within 2 business days notify the candidate of his or her
multiple petition filings and that the candidate has 3
business days after receipt of the notice to notify the
State Board of Elections, appropriate election authority
or local election official that he or she may cancel prior
sets of petitions. If the candidate notifies the State
Board of Elections, appropriate election authority or
local election official, the last set of petitions filed
shall be the only petitions to be considered valid by the
State Board of Elections, election authority or local
election official. If the candidate fails to notify the
State Board of Elections, election authority or local
election official then only the first set of petitions
filed shall be valid and all subsequent petitions shall be
void.
(12) All nominating petitions shall be available for
public inspection and shall be preserved for a period of
not less than 6 months.
(Source: P.A. 99-221, eff. 7-31-15.)
(10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
Sec. 7-59. (a) The person receiving the highest number of
votes at a primary as a candidate of a party for the nomination
for an office shall be the candidate of that party for such

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office, and his name as such candidate shall be placed on the
official ballot at the election then next ensuing; provided,
that where there are two or more persons to be nominated for
the same office or board, the requisite number of persons
receiving the highest number of votes shall be nominated and
their names shall be placed on the official ballot at the
following election.
Except as otherwise provided by Section 7-8 of this Act,
the person receiving the highest number of votes of his party
for State central committeeman of his congressional district
shall be declared elected State central committeeman from said
congressional district.
Unless a national political party specifies that delegates
and alternate delegates to a National nominating convention be
allocated by proportional selection representation according
to the results of a Presidential preference primary, the
requisite number of persons receiving the highest number of
votes of their party for delegates and alternate delegates to
National nominating conventions from the State at large, and
the requisite number of persons receiving the highest number of
votes of their party for delegates and alternate delegates to
National nominating conventions in their respective
congressional districts shall be declared elected delegates
and alternate delegates to the National nominating conventions
of their party.
A political party which elects the members to its State

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Central Committee by Alternative B under paragraph (a) of
Section 7-8 shall select its congressional district delegates
and alternate delegates to its national nominating convention
by proportional selection representation according to the
results of a Presidential preference primary in each
congressional district in the manner provided by the rules of
the national political party and the State Central Committee,
when the rules and policies of the national political party so
require.
A political party which elects the members to its State
Central Committee by Alternative B under paragraph (a) of
Section 7-8 shall select its at large delegates and alternate
delegates to its national nominating convention by
proportional selection representation according to the results
of a Presidential preference primary in the whole State in the
manner provided by the rules of the national political party
and the State Central Committee, when the rules and policies of
the national political party so require.
The person receiving the highest number of votes of his
party for precinct committeeman of his precinct shall be
declared elected precinct committeeman from said precinct.
The person receiving the highest number of votes of his
party for township committeeman of his township or part of a
township as the case may be, shall be declared elected township
committeeman from said township or part of a township as the
case may be. In cities where ward committeemen are elected, the

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person receiving the highest number of votes of his party for
ward committeeman of his ward shall be declared elected ward
committeeman from said ward.
When two or more persons receive an equal and the highest
number of votes for the nomination for the same office or for
committeeman of the same political party, or where more than
one person of the same political party is to be nominated as a
candidate for office or committeeman, if it appears that more
than the number of persons to be nominated for an office or
elected committeeman have the highest and an equal number of
votes for the nomination for the same office or for election as
committeeman, the election authority by which the returns of
the primary are canvassed shall decide by lot which of said
persons shall be nominated or elected, as the case may be. In
such case the election authority shall issue notice in writing
to such persons of such tie vote stating therein the place, the
day (which shall not be more than 5 days thereafter) and the
hour when such nomination or election shall be so determined.
(b) Write-in votes shall be counted only for persons who
have filed notarized declarations of intent to be write-in
candidates with the proper election authority or authorities no
more than 106 days before, and not later than 61 days prior to
the primary. However, whenever an objection to a candidate's
nominating papers or petitions for any office is sustained
under Section 10-10 after the 61st day before the election,
then write-in votes shall be counted for that candidate if he

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or she has filed a notarized declaration of intent to be a
write-in candidate for that office with the proper election
authority or authorities not later than 7 days prior to the
election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities. A
declaration of intent to be a write-in candidate shall include:
(1) the name and address of the person intending to
become a write-in candidate;
(2) the office sought;
(3) the date of the election; and
(4) the notarized signature of the candidate or
candidates.
A declaration of intent to be a write-in candidate that
does not include the information required by paragraphs (1)
through (4) shall not be accepted.
Persons intending to become write-in candidates for
the offices of President of the United States and Vice
President of the United States or Governor and Lieutenant
Governor shall file one joint declaration of intent to be a
write-in candidate that identifies the candidate for each
office. Such declaration shall specify the office for which
the person seeks nomination or election as a write-in
candidate.
The election authority or authorities shall deliver a list
of all persons who have filed such declarations to the election

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judges in the appropriate precincts prior to the primary.
(c) (1) Notwithstanding any other provisions of this
Section, where the number of candidates whose names have been
printed on a party's ballot for nomination for or election to
an office at a primary is less than the number of persons the
party is entitled to nominate for or elect to the office at the
primary, a person whose name was not printed on the party's
primary ballot as a candidate for nomination for or election to
the office, is not nominated for or elected to that office as a
result of a write-in vote at the primary unless the number of
votes he received equals or exceeds the number of signatures
required on a petition for nomination for that office; or
unless the number of votes he receives exceeds the number of
votes received by at least one of the candidates whose names
were printed on the primary ballot for nomination for or
election to the same office.
(2) Paragraph (1) of this subsection does not apply where
the number of candidates whose names have been printed on the
party's ballot for nomination for or election to the office at
the primary equals or exceeds the number of persons the party
is entitled to nominate for or elect to the office at the
primary.
(Source: P.A. 94-647, eff. 1-1-06; 95-699, eff. 11-9-07.)
(10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
Sec. 17-16.1. Write-in votes shall be counted only for

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persons who have filed notarized declarations of intent to be
write-in candidates with the proper election authority or
authorities no more than 106 days before, and not later than 61
days prior to the election. However, whenever an objection to a
candidate's nominating papers or petitions for any office is
sustained under Section 10-10 after the 61st day before the
election, then write-in votes shall be counted for that
candidate if he or she has filed a notarized declaration of
intent to be a write-in candidate for that office with the
proper election authority or authorities not later than 7 days
prior to the election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities. A
declaration of intent to be a write-in candidate shall include:
(1) the name and address of the person intending to
become a write-in candidate;
(2) the office sought;
(3) the date of the election; and
(4) the notarized signature of the candidate or
candidates.
A declaration of intent to be a write-in candidate that
does not include the information required by paragraphs (1)
through (4) shall not be accepted.
Persons intending to become write-in candidates for
the offices of President of the United States and Vice
President of the United States or Governor and Lieutenant

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Governor shall file one joint declaration of intent to be a
write-in candidate that identifies the candidate for each
office. A vote cast for either candidate shall constitute a
valid write-in vote for the team of candidates. Such
declaration shall specify the office for which the person
seeks election as a write-in candidate.
The election authority or authorities shall deliver a list
of all persons who have filed such declarations to the election
judges in the appropriate precincts prior to the election.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election is ineligible
to file a declaration of intent to be a write-in candidate for
election in that general or consolidated election.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus is ineligible to file a declaration
of intent to be a write-in candidate for election in that
general or consolidated election.
A candidate seeking election to an office for which
candidates are nominated at a primary election on a nonpartisan
basis and who is defeated for his or her nomination at the
primary election is ineligible to file a declaration of intent
to be a write-in candidate for election in that general or
consolidated election.

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Nothing in this Section shall be construed to apply to
votes cast under the provisions of subsection (b) of Section
16-5.01.
(Source: P.A. 95-699, eff. 11-9-07.)
(10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
Sec. 18-9.1. Write-in votes shall be counted only for
persons who have filed notarized declarations of intent to be
write-in candidates with the proper election authority or
authorities no more than 106 days before, and not later than 61
days prior to the election. However, whenever an objection to a
candidate's nominating papers or petitions is sustained under
Section 10-10 after the 61st day before the election, then
write-in votes shall be counted for that candidate if he or she
has filed a notarized declaration of intent to be a write-in
candidate for that office with the proper election authority or
authorities not later than 7 days prior to the election.
Forms for the declaration of intent to be a write-in
candidate shall be supplied by the election authorities. A
declaration of intent to be a write-in candidate shall include:
(1) the name and address of the person intending to
become a write-in candidate;
(2) the office sought;
(3) the date of the election; and
(4) the notarized signature of the candidate or
candidates.

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A declaration of intent to be a write-in candidate that
does not include the information required by paragraphs (1)
through (4) shall not be accepted.
Persons intending to become write-in candidates for
the offices of President of the United States and Vice
President of the United States or Governor and Lieutenant
Governor shall file one joint declaration of intent to be a
write-in candidate that identifies the candidate for each
office. A vote cast for either candidate shall constitute a
valid write-in vote for the team of candidates. Such
declaration shall specify the office for which the person
seeks election as a write-in candidate.
The election authority or authorities shall deliver a list
of all persons who have filed such declarations to the election
judges in the appropriate precincts prior to the election.
A candidate for whom a nomination paper has been filed as a
partisan candidate at a primary election, and who is defeated
for his or her nomination at the primary election, is
ineligible to file a declaration of intent to be a write-in
candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which
candidates of political parties are nominated by caucus who is
a participant in the caucus and who is defeated for his or her
nomination at such caucus is ineligible to file a declaration
of intent to be a write-in candidate for election in that

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general or consolidated election.
A candidate seeking election to an office for which
candidates are nominated at a primary election on a nonpartisan
basis and who is defeated for his or her nomination at the
primary election is ineligible to file a declaration of intent
to be a write-in candidate for election in that general or
consolidated election.
Nothing in this Section shall be construed to apply to
votes cast under the provisions of subsection (b) of Section
16-5.01.
(Source: P.A. 95-699, eff. 11-9-07.)