Bill Text: IL SB2764 | 2025-2026 | 104th General Assembly | Introduced

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Bill Title: Amends the Election Code. In provisions concerning ballot forfeiture, provides that any civil penalty paid after the State Board of Elections transmits the list of all candidates whose political committees have not paid an assessed civil penalty shall not result in the election authority placing the candidate who paid the civil penalty on the ballot. Provides that, if a candidate forfeits his or her ballot under the provision, then that candidate may not be appointed to fulfill the resulting vacancy. In provisions concerning the making of nominations, provides that any vacancy in nomination occurring after certification shall be filled at least 45 days before the election for which there is a vacancy (rather than within 8 days after the event creating the vacancy). Provides that, unless a candidate has appealed a civil penalty assessment and the Board has not disposed of the appeal by the certification date, the election authority shall not place upon the ballot the name of any candidate appearing on this list for any office in any election. Provides that any civil penalty paid after the Board certifies the ballot (rather than transmits the list of all candidates whose political committees have not paid any civil penalty) shall not result in the election authority placing the candidate who paid the civil penalty on the ballot. In provisions concerning the delivery of ballots, provides that, if a consolidated primary election is required, vote by mail ballots for the consolidated election shall be mailed no later than 5 business days after the completion of the canvass of the consolidated primary election. Makes other changes.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2026-05-22 - Senate Committee Amendment No. 1 Rule 3-9(a) / Re-referred to Assignments [SB2764 Detail]

Download: Illinois-2025-SB2764-Introduced.html

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104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026SB2764 Introduced 1/13/2026, by Sen. Rachel Ventura SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-61 from Ch. 46, par. 7-61
10 ILCS 5/9-30
10 ILCS 5/10-11 from Ch. 46, par. 10-11
10 ILCS 5/19-4 from Ch. 46, par. 19-4
10 ILCS 5/19A-35
Amends the Election Code. In provisions concerning ballot forfeiture, provides that any civil penalty paid after the State Board of Elections transmits the list of all candidates whose political committees have not paid an assessed civil penalty shall not result in the election authority placing the candidate who paid the civil penalty on the ballot. Provides that, if a candidate forfeits his or her ballot under the provision, then that candidate may not be appointed to fulfill the resulting vacancy. In provisions concerning the making of nominations, provides that any vacancy in nomination occurring after certification shall be filled at least 45 days before the election for which there is a vacancy (rather than within 8 days after the event creating the vacancy). Provides that, unless a candidate has appealed a civil penalty assessment and the Board has not disposed of the appeal by the certification date, the election authority shall not place upon the ballot the name of any candidate appearing on this list for any office in any election. Provides that any civil penalty paid after the Board certifies the ballot (rather than transmits the list of all candidates whose political committees have not paid any civil penalty) shall not result in the election authority placing the candidate who paid the civil penalty on the ballot. In provisions concerning the delivery of ballots, provides that, if a consolidated primary election is required, vote by mail ballots for the consolidated election shall be mailed no later than 5 business days after the completion of the canvass of the consolidated primary election. Makes other changes.
LRB104 16267 SPS 29651 b
A BILL FOR
SB2764 LRB104 16267 SPS 29651 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 7-61, 9-30, 10-11, 19-4, and 19A-35 as follows:
(10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
Sec. 7-61. Whenever a special election is necessary, the
provisions of this Article are applicable to the nomination of
candidates to be voted for at such special election.
In cases where a primary election is required, the officer
or board or commission whose duty it is under the provisions of
this Code relating to general elections to call an election
shall fix a date for the primary for the nomination of
candidates to be voted for at such special election. Notice of
such primary shall be given at least 15 days prior to the
maximum time provided for the filing of petitions for such a
primary as provided in Section 7-12.
Any vacancy in nomination under the provisions of this
Article 7 occurring on or after the primary and prior to
certification of candidates by the certifying board or officer
must be filled prior to the date of certification. Any vacancy
in nomination occurring after certification but prior to 15
days before the general election shall be filled at least 45

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within 8 days before the election for which there is a after
the event creating the vacancy. The resolution filling the
vacancy shall be sent by U. S. mail or personal delivery to the
certifying officer or board within 3 days of the action by
which the vacancy was filled; provided, if such resolution is
sent by mail and the U. S. postmark on the envelope containing
such resolution is dated prior to the expiration of such 3-day
limit, the resolution shall be deemed filed within such 3-day
limit. Failure to so transmit the resolution within the time
specified in this Section shall authorize the certifying
officer or board to certify the original candidate. Vacancies
shall be filled by the officers of a local municipal or
township political party as specified in subsection (h) of
Section 7-8, other than a statewide political party, that is
established only within a municipality or township and the
managing committee (or legislative committee in case of a
candidate for State Senator or representative committee in the
case of a candidate for State Representative in the General
Assembly or State central committee in the case of a candidate
for statewide office, including, but not limited to, the
office of United States Senator) of the respective political
party for the territorial area in which such vacancy occurs.
The resolution to fill a vacancy in nomination shall be
duly acknowledged before an officer qualified to take
acknowledgments of deeds and shall include, upon its face, the
following information:

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(a) the name of the original nominee and the office
vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to
fill the vacancy and the date of selection.
The resolution to fill a vacancy in nomination shall be
accompanied by a Statement of Candidacy, as prescribed in
Section 7-10, completed by the selected nominee and a receipt
indicating that such nominee has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
The provisions of Section 10-8 through 10-10.1 relating to
objections to certificates of nomination and nomination
papers, hearings on objections, and judicial review, shall
apply to and govern objections to resolutions for filling a
vacancy in nomination.
Any vacancy in nomination occurring 15 days or less than
45 days before the consolidated election or the general
election shall not be filled. In this event, the certification
of the original candidate shall stand and his name shall
appear on the official ballot to be voted at the general
election.
A vacancy in nomination occurs when a candidate who has
been nominated under the provisions of this Article 7 dies
before the election (whether death occurs prior to, on or
after the day of the primary), or declines the nomination;
provided that nominations may become vacant for other reasons.

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If the name of no established political party candidate
was printed on the consolidated primary ballot for a
particular office and if no person was nominated as a write-in
candidate for such office, a vacancy in nomination shall be
created which may be filled in accordance with the
requirements of this Section. Except as otherwise provided in
this Code, if the name of no established political party
candidate was printed on the general primary ballot for an
office nominated under this Article and if no person was
nominated as a write-in candidate for such office, a vacancy
in nomination shall be filled only by a person designated by
the appropriate committee of the political party and only if
that designated person files nominating petitions with the
number of signatures required for an established party
candidate for that office within 75 days after the day of the
general primary. The circulation period for those petitions
begins on the day the appropriate committee designates that
person. The person shall file his or her nominating petitions,
statements of candidacy, notice of appointment by the
appropriate committee, and receipt of filing his or her
statement of economic interests together. These documents
shall be filed at the same location as provided in Section
7-12. The electoral boards having jurisdiction under Section
10-9 to hear and pass upon objections to nominating petitions
also shall hear and pass upon objections to nomination
petitions filed by candidates under this paragraph.

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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 such primary election, is
ineligible to be listed on the ballot at that general or
consolidated election as a candidate of another political
party.
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 be listed on the
ballot at that general or consolidated election as a candidate
of another political party.
In the proceedings to nominate a candidate to fill a
vacancy or to fill a vacancy in the nomination, each precinct,
township, ward, county, or congressional district, as the case
may be, shall, through its representative on such central or
managing committee, be entitled to one vote for each ballot
voted in such precinct, township, ward, county, or
congressional district, as the case may be, by the primary
electors of its party at the primary election immediately
preceding the meeting at which such vacancy is to be filled.
For purposes of this Section, the words "certify" and
"certification" shall refer to the act of officially declaring
the names of candidates entitled to be printed upon the
official ballot at an election and directing election
authorities to place the names of such candidates upon the

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official ballot. "Certifying officers or board" shall refer to
the local election official, the election authority, or the
State Board of Elections, as the case may be, with whom
nomination papers, including certificates of nomination and
resolutions to fill vacancies in nomination, are filed and
whose duty it is to certify candidates.
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23;
103-586, eff. 5-3-24.)
(10 ILCS 5/9-30)
Sec. 9-30. Ballot forfeiture. The State Board of
Elections shall not certify the name of any person who has not
paid a civil penalty imposed against his or her political
committee under this Article to appear upon any ballot for any
office in any election if the penalty is unpaid by the date
required for certification.
The State Board of Elections shall generate a list of all
candidates whose political committees have not paid any civil
penalty assessed against them under this Article. The list
shall note which candidates have civil assessment appeals
pending before the Board. Such list shall be transmitted to
any election authority whose duty it is to place the name of
any such candidate on the ballot. Unless the candidate has
appealed the civil penalty assessment and the Board has not
disposed of the appeal by the certification date, the The
election authority shall not place upon the ballot the name of

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any candidate appearing on this list for any office in any
election. Any civil penalty paid after the Board certifies the
ballot shall not result in the election authority placing the
candidate who paid the civil penalty on the ballot. If a
candidate forfeits placement on the ballot under this Section,
then that candidate may not be appointed to fulfill the
resulting vacancy while the penalty is unpaid, unless the
candidate has requested a hearing and the Board has not
disposed of the matter by the date of certification.
Any person who has an unpaid civil penalty imposed against
his or her political committee may appeal the civil penalty
assessment with the State Board of Elections in accordance
with this Article.
(Source: P.A. 96-832, eff. 1-1-11.)
(10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
Sec. 10-11. Any vacancy in the nomination of a new
political party candidate occurring prior to the date of
certification of candidates for the ballot by the certifying
board or officer must be filled prior to the date of
certification. The resolution to fill such vacancy shall be
sent by U.S. mail or personal delivery to the certifying
officer or board within 3 days of the action by which the
vacancy was filled; provided, if such resolution is sent by
mail and the U.S. postmark on the envelope containing such
resolution is dated prior to the expiration of such 3 day

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limit, the notice or resolution shall be deemed filed within
such 3 day limit. Failure to so transmit the notice or
resolution within the time specified in this Section shall
authorize the certifying officer or board to certify the
original candidate. Vacancies shall be filled by the new
political party officers.
Any vacancy in nomination occurring after certification
but prior to 15 days before a regular election shall be filled
by the new political party officers at least 45 within 8 days
before the election for which there is a after the event
creating the vacancy in the manner heretofore prescribed.
The resolution to fill a vacancy in nomination shall be
duly acknowledged before an officer qualified to take
acknowledgements of deeds and shall include, upon its face,
the following information:
(a) the name of the original nominee and the office
vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill
the vacancy and the date of selection.
The resolution to fill a vacancy in nomination shall be
accompanied by a Statement of Candidacy, as prescribed in
Section 10-5, completed by the selected nominee and a receipt
indicating that such nominee has filed a statement of economic
interests as required by the Illinois Governmental Ethics Act.
The provisions of Sections 10-8 through 10-10.1 relating

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to objections to certificates of nomination and nomination
papers, hearings on objections, and judicial review, shall
apply to and govern objections to resolutions for filling a
vacancy in nomination.
Any vacancy in nomination occurring 15 days or less than
45 days before a regular election shall not be filled. In this
event the certification of the original candidate shall stand
and his name shall appear on the official ballot to be voted at
the election.
A vacancy in nomination occurs when a candidate who has
been nominated under the provisions of Section 10-2 dies
before the election, or declines the nomination; provided that
nomination may become vacant for other reasons.
However, the provisions of this Section shall not apply to
any vacancy in nomination for a municipal office for which the
Municipal Code, as now or hereafter amended, provides a
different method for filling such vacancy, and the applicable
provision of the Municipal Code shall govern in such cases.
Any vacancy in a nomination by caucus of an established
political party for a township or municipal office shall be
filled in accordance with Section 7-61 of this Code.
For purposes of this Section, the words "certify" and
"certification" shall refer to the act of officially declaring
the names of candidates entitled to be printed upon the
official ballot at an election and directing election
authorities to place the names of such candidates upon the

SB2764 - 10 - LRB104 16267 SPS 29651 b
official ballot. "Certifying officers or board" shall refer to
the local election official, election authority or the State
Board of Elections, as the case may be, with whom nomination
papers, certificates of nomination papers and resolutions to
fill vacancies in nomination are filed and whose duty it is to
"certify" candidates.
(Source: P.A. 84-757.)
(10 ILCS 5/19-4) (from Ch. 46, par. 19-4)
Sec. 19-4. Mailing or delivery of ballots; time.
Immediately upon the receipt of such application either by
mail or electronic means, not more than 90 days nor less than 5
days prior to such election, or by personal delivery not more
than 90 days nor less than one day prior to such election, at
the office of such election authority, it shall be the duty of
such election authority to examine the records to ascertain
whether or not such applicant is lawfully entitled to vote as
requested, including a verification of the applicant's
signature on file with the office of the election authority,
and if found so to be entitled to vote, to post within one
business day thereafter the name, street address, ward and
precinct number or township and district number, as the case
may be, of such applicant given on a list, the pages of which
are to be numbered consecutively to be kept by such election
authority for such purpose in a conspicuous, open and public
place accessible to the public at the entrance of the office of

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such election authority, and in such a manner that such list
may be viewed without necessity of requesting permission
therefor. Within one day after posting the name and other
information of an applicant for a vote by mail ballot, the
election authority shall transmit by electronic means pursuant
to a process established by the State Board of Elections that
name and other posted information to the State Board of
Elections, which shall maintain those names and other
information in an electronic format on its website, arranged
by county and accessible to State and local political
committees. Within 2 business days after posting a name and
other information on the list within its office, but no sooner
than 40 days before an election, the election authority shall
mail, postage prepaid, or deliver in person in such office, or
deliver via electronic transmission pursuant to Section
19-2.6, an official ballot or ballots if more than one are to
be voted at said election. Mail delivery of Temporarily Absent
Student ballot applications pursuant to Section 19-12.3 shall
be by nonforwardable mail. However, if a consolidated primary
election is required for the consolidated election, vote by
mail ballots for the consolidated election shall be mailed no
later than 5 business days after the completion of the canvass
of the consolidated primary election to accommodate the
preparation of certain precincts may be delivered to
applicants not less than 25 days before the election if so much
time is required to have prepared and printed the ballots

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containing the names of persons nominated for offices at the
consolidated primary. The election authority shall enclose
with each vote by mail ballot or application written
instructions on how voting assistance shall be provided
pursuant to Section 17-14 and a document, written and approved
by the State Board of Elections, informing the vote by mail
voter of the required postage for returning the application
and ballot, and enumerating the circumstances under which a
person is authorized to vote by vote by mail ballot pursuant to
this Article; such document shall also include a statement
informing the applicant that if he or she falsifies or is
solicited by another to falsify his or her eligibility to cast
a vote by mail ballot, such applicant or other is subject to
penalties pursuant to Section 29-10 and Section 29-20 of the
Election Code. Each election authority shall maintain a list
of the name, street address, ward and precinct, or township
and district number, as the case may be, of all applicants who
have returned vote by mail ballots to such authority, and the
name of such vote by mail voter shall be added to such list
within one business day from receipt of such ballot. If the
vote by mail ballot envelope indicates that the voter was
assisted in casting the ballot, the name of the person so
assisting shall be included on the list. The list, the pages of
which are to be numbered consecutively, shall be kept by each
election authority in a conspicuous, open, and public place
accessible to the public at the entrance of the office of the

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election authority and in a manner that the list may be viewed
without necessity of requesting permission for viewing.
Each election authority shall maintain a list for each
election of the voters to whom it has issued vote by mail
ballots. The list shall be maintained for each precinct within
the jurisdiction of the election authority. Prior to the
opening of the polls on election day, the election authority
shall deliver to the judges of election in each precinct the
list of registered voters in that precinct to whom vote by mail
ballots have been issued by mail.
Each election authority shall maintain a list for each
election of voters to whom it has issued temporarily absent
student ballots. The list shall be maintained for each
election jurisdiction within which such voters temporarily
abide. Immediately after the close of the period during which
application may be made by mail or electronic means for vote by
mail ballots, each election authority shall mail to each other
election authority within the State a certified list of all
such voters temporarily abiding within the jurisdiction of the
other election authority.
In the event that the return address of an application for
ballot by a physically incapacitated elector is that of a
facility licensed or certified under the Nursing Home Care
Act, the Specialized Mental Health Rehabilitation Act of 2013,
the ID/DD Community Care Act, or the MC/DD Act, within the
jurisdiction of the election authority, and the applicant is a

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registered voter in the precinct in which such facility is
located, the ballots shall be prepared and transmitted to a
responsible judge of election no later than 9 a.m. on the
Friday, Saturday, Sunday, or Monday immediately preceding the
election as designated by the election authority under Section
19-12.2. Such judge shall deliver in person on the designated
day the ballot to the applicant on the premises of the facility
from which application was made. The election authority shall
by mail notify the applicant in such facility that the ballot
will be delivered by a judge of election on the designated day.
All applications for vote by mail ballots shall be
available at the office of the election authority for public
inspection upon request from the time of receipt thereof by
the election authority until 30 days after the election,
except during the time such applications are kept in the
office of the election authority pursuant to Section 19-7, and
except during the time such applications are in the possession
of the judges of election.
Notwithstanding any provision of this Section to the
contrary, pursuant to subsection (a) of Section 30 of the
Address Confidentiality for Victims of Domestic Violence,
Sexual Assault, Human Trafficking, or Stalking Act, neither
the name nor the address of a program participant under that
Act shall be included in any list of registered voters
available to the public, including the lists referenced in
this Section.

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(Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22;
102-1126, eff. 2-10-23.)
(10 ILCS 5/19A-35)
Sec. 19A-35. Procedure for voting.
(a) Not more than 23 days before the start of the election,
the county clerk shall make available to the election official
conducting early voting by personal appearance a sufficient
number of early ballots, envelopes, and printed voting
instruction slips for the use of early voters. However, in
odd-numbered years when a consolidated primary election is
required, not more than 5 business days after the completion
of the canvass of the consolidated primary election, the
county clerk shall make available to the election official
conducting early voting by personal appearance a sufficient
number of early ballots, envelopes, and printed voting
instruction slips for the use of early voters. The election
official shall receipt for all ballots received and shall
return unused or spoiled ballots at the close of the early
voting period to the county clerk and must strictly account
for all ballots received. The ballots delivered to the
election official must include early ballots for each precinct
in the election authority's jurisdiction and must include
separate ballots for each political subdivision conducting an
election of officers or a referendum at that election.
(b) In conducting early voting under this Article, the

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election judge or official is required to verify the signature
of the early voter by comparison with the signature on the
official registration card, and the judge or official must
verify (i) that the applicant is a registered voter, (ii) the
precinct in which the applicant is registered, and (iii) the
proper ballots of the political subdivision in which the
applicant resides and is entitled to vote before providing an
early ballot to the applicant. The election judge or official
must verify the applicant's registration from the most recent
poll list provided by the election authority, and if the
applicant is not listed on that poll list, by telephoning the
office of the election authority.
(b-5) A person requesting an early voting ballot to whom a
vote by mail ballot was issued may vote early if the person
submits that vote by mail ballot to the judges of election or
official conducting early voting for cancellation. If the
voter is unable to submit the vote by mail ballot, it shall be
sufficient for the voter to submit to the judges or official
(i) a portion of the vote by mail ballot if the vote by mail
ballot was torn or mutilated or (ii) an affidavit executed
before the judges or official specifying that (A) the voter
never received a vote by mail ballot or (B) the voter completed
and returned a vote by mail ballot and was informed that the
election authority did not receive that vote by mail ballot.
(b-10) Within one day after a voter casts an early voting
ballot, the election authority shall transmit the voter's

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name, street address, and precinct, ward, township, and
district numbers, as the case may be, to the State Board of
Elections, which shall maintain those names and that
information in an electronic format on its website, arranged
by county and accessible to State and local political
committees.
(b-15) Immediately after voting an early ballot, the voter
shall be instructed whether the voting equipment accepted or
rejected the ballot or identified that ballot as under-voted
for a statewide constitutional office. A voter whose ballot is
identified as under-voted may return to the voting booth and
complete the voting of that ballot. A voter whose early voting
ballot is not accepted by the voting equipment may, upon
surrendering the ballot, request and vote another early voting
ballot. The voter's surrendered ballot shall be initialed by
the election judge or official conducting the early voting and
handled as provided in the appropriate Article governing the
voting equipment used.
(c) The sealed early ballots in their carrier envelope
shall be delivered by the election authority to the central
ballot counting location before the close of the polls on the
day of the election.
(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)