(10 ILCS 5/20-11) (from Ch. 46, par. 20-11)
Sec. 20-11.
Whenever it shall be made to appear by due proof to the judges
of election that any elector who has marked and forwarded his ballot as
provided in this article has died prior to the opening of the polls on the
date of the election, then the ballot of such deceased voter shall be
returned by the judges of election in the same manner as provided for
rejected ballots above; but the casting of the ballot of a deceased voter
shall not invalidate the election.
(Source: Laws 1944, 1st S.S., p. 6.)
|
(10 ILCS 5/20-12) (from Ch. 46, par. 20-12)
Sec. 20-12.
In all counties, cities, towns and precincts in which
voting machines are used, all the provisions of this Act, and not
inconsistent with the provisions of this article, relating to the
furnishing of ballot boxes, printing and furnishing official ballots and
supplies in such number as provided by law, the canvassing of the
ballots and making the proper return of the result of the election,
shall, to the extent necessary to make this article effective, apply
with full force and effect; Provided, however, that the number of
ballots to be printed shall be in the discretion of the election authority.
(Source: P.A. 80-1469.)
|
(10 ILCS 5/20-13) (from Ch. 46, par. 20-13)
Sec. 20-13.
If otherwise qualified to vote, any person not covered by Section
20-2, 20-2.1, or 20-2.2 of this Article who is not registered to
vote and who is temporarily absent from his county of residence, may make
special application to the election authority having jurisdiction over
his precinct of permanent residence, not less than 5 days
before a presidential election, for a vote by mail ballot to vote for the
president and vice-president only. Such application shall be furnished by
the election authority and shall be in substantially the following form:
SPECIAL VOTE BY MAIL BALLOT APPLICATION (For use by non-registered Illinois
residents temporarily absent from the county to vote for the president and
vice-president only)
AFFIDAVIT
1. I hereby request a vote by mail ballot to vote for the president and
vice-president only ......... (insert date of general election)
2. I am a citizen of the United States and a permanent resident of Illinois.
3. I have maintained, and still maintain, a permanent abode in Illinois
for the past .......... years at: .......... (House) .......... (Number)
.......... (Street) .......... (City) .......... (Village) .......... (Town)
4. I will not be able to regularly register in person as a voter because
.................... (Give reason for temporary absence such as "Student",
"Temporary job transfer", etc.)
5. I was born .......... (Month) .......... (Day) .......... (Year) in
.................... (State or County);
6. To be filled in only by a person who is foreign-born (If answer is
"yes" in either a. or b. below, fill in appropriate information in c.):
a. One or both of my parents were United States citizens at the
time of my birth?
( ) YES ( ) NO
b. My United States citizenship was derived through an act of the Congress
of the United States?
( ) YES ( ) NO
c. The name of the court issuing papers and the date thereof upon which
my United States citizenship was derived is .................... located
in .......... (City) .......... (State) on .......... (Month) ..........
(Day) .......... (Year)
(For persons who derived citizenship through papers issued through a parent
or spouse, fill in the following)
(1) My parents or spouse's name is:
......... (First) .......... (Middle) .......... (Last)
(2) ........ (Month) .......... (Day) .......... (Year)
is the date of my marriage or my age at which time I derived my citizenship.
7. I am not registered as a voter in any other county in the State of
Illinois or in any other State.
8. I am not requesting a ballot from any other place and am not voting
in any other manner in this election and I have not voted and do not intend
to vote in this election at any other address. I request that you mail
my ballot to the following address:
(Print name and complete mailing address)
.........................................
.........................................
.........................................
9. Under penalties as provided by law pursuant to Article 29 of the
Election Code, the undersigned certifies that the statements set forth in
this application are true and correct.
......................
Signature of Applicant
The procedures set forth in Sections 20-4 through 20-12 of this Article,
insofar as they may be made applicable, shall be applicable to vote by mail
voting under this Section.
(Source: P.A. 100-201, eff. 8-18-17.)
|
(10 ILCS 5/20-13.1) (from Ch. 46, par. 20-13.1)
Sec. 20-13.1.
Any person not covered by Sections 20-2, 20-2.1 or 20-2.2
of this Article who is registered to vote but who is disqualified from voting
because he moved outside his election precinct during the 30 days preceding
a presidential election may make special application to the election authority
having jurisdiction over his precinct of former residence by mail, not more
than 30 nor less than 5 days before a Federal election, or in person in
the office of the election authority, not more than 30 nor less than 1 day
before a Federal election, for a vote by mail ballot to vote for the president
and vice-president only. Such application shall be furnished by the election
authority and shall be in substantially the following form:
SPECIAL VOTER APPLICATION
(For use by registered Illinois voters disqualified for having moved
outside their precinct on or after the 30th day preceding the election,
to vote for president and vice-president only.)
1. I hereby request a ballot to vote for president and vice-president
only on .......... (insert date of general election).
2. I am a citizen of the United States and my present address is:
....................
(Residence Number) .......... (Street) ....................
(City/Village/Township)
.......... (County) .......... (State).
3. As of .......... (Month), .......... (Day), .......... (Year) I was
a registered voter at .......... (Residence Number) .......... (Street)
.................... (City/Village/Township).
4. I moved to my present address on .......... (Month) .......... (Day)
.......... (Year).
5. I have not registered to vote from nor have I requested a ballot in
any other election jurisdiction in this State or in another State.
6. (If vote by mail request), I request that you mail the ballot to the following address:
Print name and complete mailing address.
........................................
........................................
........................................
Under the penalties as provided by law pursuant to Article 29 of The Election
Code, the undersigned certifies that the statements set forth in
this application are true and correct.
........................
(Signature of Applicant)
7. Subscribed and sworn to before me on .......... (Month) ..........
(Day) .......... (Year)
........................
(Signature of Official
Administering Oath)
The procedures set forth in Sections 20-4 through 20-12 of this Article,
insofar as they may be made applicable, shall be applicable to vote by mail
voting under this Section.
(Source: P.A. 98-1171, eff. 6-1-15 .)
|
(10 ILCS 5/20-14) (from Ch. 46, par. 20-14)
Sec. 20-14.
The foregoing sections of this article shall be deemed to
provide a method of registration and of voting in addition to the methods
otherwise provided in this Code.
(Source: P.A. 81-953.)
|
(10 ILCS 5/20-15)
Sec. 20-15. Precinct tabulation optical scan technology
voting equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 20, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents, provided that ballots under this Article must be counted at the election authority's central ballot counting location. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment, at the central ballot counting location, authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 94-1000, eff. 7-3-06.)
|
(10 ILCS 5/20-20)
Sec. 20-20. Report on ballots. On or before the 21st day after an election, each election authority shall transmit to the State Board of Elections the following information with respect to that election: (1) The number, by precinct, of ballots subject to | ||
| ||
(2) The number of rejected ballots subject to this | ||
| ||
(3) The number of voters seeking review of rejected | ||
| ||
(4) The number of ballots counted following review | ||
| ||
On or before the 28th day after an election, the State Board of Elections shall compile the information received under this Section with respect to that election and make that information available to the public.
(Source: P.A. 94-1000, eff. 7-3-06.) |
(10 ILCS 5/20-25) Sec. 20-25. Extraordinary procedures. In the event of a deployment of the United States Armed Forces or the declaration of an emergency by the President of the United States or the Governor of Illinois, The Governor or the executive director of the State Board of Elections may modify the registration and voting procedures established by this Article or by rules adopted pursuant to this Article for the duration of the deployment or emergency in order to facilitate vote by mail voting under this Article. The Governor or executive director, as the case may be, then promptly shall notify each election authority of the changes in procedures. Each election authority shall publicize the modifications and shall provide notice of the modifications to each person under its jurisdiction subject to this Article for whom the election authority has contact information.
(Source: P.A. 98-1171, eff. 6-1-15 .) |
(10 ILCS 5/Art. 21 heading) ARTICLE 21.
ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF UNITED STATES
|
(10 ILCS 5/21-1) (from Ch. 46, par. 21-1) Sec. 21-1. Choosing and election of electors of President and Vice-President of the United States shall be in the following manner: (a) In each year in which a President and Vice-President of the United States are chosen, each political party or group in this State shall choose by its State Convention or State central committee electors and alternate electors of President and Vice-President of the United States and such State Convention or State central committee of such party or group shall also choose electors at large and alternate electors at large, if any are to be appointed for this State and such State Convention or State central committee of such party or group shall by its chair and secretary certify the total list of such electors and alternate electors together with electors at large and alternate electors at large so chosen to the State Board of Elections. The filing of such certificate with the Board, of such choosing of electors and alternate electors shall be deemed and taken to be the choosing and selection of the electors and alternate electors of this State, if such party or group is successful at the polls as herein provided in choosing their candidates for President and Vice-President of the United States. (b) The names of the candidates of the several political parties or groups for electors and alternate electors of President and Vice-President shall not be printed on the official ballot to be voted in the election to be held on the day in this Act above named. In lieu of the names of the candidates for such electors and alternate electors of President and Vice-President, immediately under the appellation of party name of a party or group in the column of its candidates on the official ballot, to be voted at said election first above named in subsection (1) of Section 2A-1.2 and Section 2A-2, there shall be printed within a bracket the name of the candidate for President and the name of the candidate for Vice-President of such party or group with a square to the left of such bracket. Each voter in this State from the several lists or sets of electors and alternate electors so chosen and selected by the said respective political parties or groups, may choose and elect one of such lists or sets of electors and alternate electors by placing a cross in the square to the left of the bracket aforesaid of one of such parties or groups. Placing a cross within the square before the bracket enclosing the names of President and Vice-President shall not be deemed and taken as a direct vote for such candidates for President and Vice-President, or either of them, but shall only be deemed and taken to be a vote for the entire list or set of electors and alternate electors chosen by that political party or group so certified to the State Board of Elections as herein provided. Voting by means of placing a cross in the appropriate place preceding the appellation or title of the particular political party or group, shall not be deemed or taken as a direct vote for the candidates for President and Vice-President, or either of them, but instead to the Presidential vote, as a vote for the entire list or set of electors and alternate electors chosen by that political party or group so certified to the State Board of Elections as herein provided. (c) Such certification by the respective political parties or groups in this State of electors and alternate electors of President and Vice-President shall be made to the State Board of Elections within 2 days after such State convention or meeting of the State central committee in which the electors and alternate electors were chosen. (d) Should more than one certificate of choice and selection of electors and alternate electors of the same political party or group be filed by contesting conventions or contesting groups, it shall be the duty of the State Board of Elections within 10 days after the adjournment of the last of such conventions to meet and determine which set of nominees for electors and alternate electors of such party or group was chosen and selected by the authorized convention of such party or group. The Board, after notice to the chair and secretaries or managers of the conventions or groups and after a hearing shall determine which set of electors and alternate electors was so chosen by the authorized convention and shall so announce and publish the fact, and such decision shall be final and the set of electors and alternate electors so determined upon by the electoral board to be so chosen shall be the list or set of electors and alternate electors to be deemed elected if that party shall be successful at the polls, as herein provided. (e) Should a vacancy occur in the office of elector, such vacancy shall be filled in accordance with Section 25 of the Uniform Faithful Presidential Electors Act. (Source: P.A. 103-600, eff. 7-1-24.) |
(10 ILCS 5/21-2) (from Ch. 46, par. 21-2) Sec. 21-2. The county clerks of the several counties shall, within 21 days next after holding the election named in subsection (1) of Section 2A-1.2 and Section 2A-2, make 2 copies of the abstract of the votes cast for electors and alternate electors by each political party or group, as indicated by the voter, as aforesaid, by a cross in the square to the left of the bracket aforesaid, or as indicated by a cross in the appropriate place preceding the appellation or title of the particular political party or group, and transmit by mail one of the copies to the office of the State Board of Elections and retain the other in his office, to be sent for by the electoral board in case the other should be mislaid. Within 31 days after the holding of such election, and sooner if all the returns are received by the State Board of Elections, the State Board of Elections shall proceed to open and canvass said election returns and to declare which set of candidates for President and Vice-President received, as aforesaid, the highest number of votes cast at such election as aforesaid; and the electors and alternate electors of that party whose candidates for President and Vice-President received the highest number of votes so cast shall be taken and deemed to be elected as electors and alternate electors of President and Vice-President, but should 2 or more sets of candidates for President and Vice-President be returned with an equal and the highest vote, the State Board of Elections shall cause a notice of the same to be published, which notice shall name some day and place, not less than 5 days from the time of such publication of such notice, upon which the State Board of Elections will decide by lot which of the sets of candidates for President and Vice-President so equal and highest shall be declared to be highest. And upon the day and at the place so appointed in the notice, the board shall so decide by lot and declare which is deemed highest of the sets of candidates for President and Vice-President so equal and highest, thereby determining only that the electors and alternate electors chosen as aforesaid by such candidates' party or group are thereby elected by general ticket to be such electors and alternate electors. (Source: P.A. 103-600, eff. 7-1-24.) |
(10 ILCS 5/21-3) (from Ch. 46, par. 21-3) Sec. 21-3. Within five days after the votes shall have been canvassed and the results declared or the result declared by lot as provided for in Section 21-2 above, the Governor shall cause the result of said election to be published, and shall proclaim the persons electors and alternate electors of President and Vice-President so chosen composing the list so elected, by transmitting by mail to the several persons so chosen and composing the list or set elected, electors of President and Vice-President certificates in triplicate, under the Seal of State of their appointment, and shall also transmit under the Seal of State to the Secretary of State of the United States the certificate of the election of said electors and alternate electors as required by the laws of Congress. (Source: P.A. 103-600, eff. 7-1-24.) |
(10 ILCS 5/21-4) (from Ch. 46, par. 21-4) Sec. 21-4. Presidential electors; meeting; allowance. The electors and alternate electors, elected under this Article, shall meet at the office of the Secretary of State in a room to be designated by the Secretary in the Capitol at Springfield in this State, at the time appointed by the laws of the United States at the hour of ten o'clock in the forenoon of that day, and give their votes for President and for Vice-President of the United States, in the manner provided by the Uniform Faithful Presidential Electors Act, and perform such duties as are or may be required by law. Each elector and alternate elector shall receive an allowance for food and lodging equal to the amount per day permitted to be deducted for such expenses under the Internal Revenue Code, plus a mileage allowance at the rate in effect under regulations promulgated pursuant to 5 U.S.C. 5707(b)(2) for the number of highway miles necessarily and conveniently traveled, for going to the seat of government to give his or her vote and returning to his or her residence and otherwise performing the official duties of an elector and alternate elector, to be paid on the warrant of the State Comptroller, out of any money in the treasury not otherwise appropriated, and any person appointed to fill a vacancy shall also receive the allowances provided for electors appointed. However, an elector who refuses to present a ballot, presents an unmarked ballot, or presents a ballot marked in violation of the elector's pledge in the Uniform Faithful Presidential Electors Act may not receive an allowance for food and lodging. (Source: P.A. 103-600, eff. 7-1-24.) |
(10 ILCS 5/21-5) Sec. 21-5. (Repealed). (Source: Laws 1943, vol. 2, p. 1. Repealed by P.A. 103-600, eff. 7-1-24.) |
(10 ILCS 5/Art. 21A heading) ARTICLE 21A. NON-RESIDENT CIVILIAN CITIZENS (Repealed) |
(10 ILCS 5/Art. 22 heading) ARTICLE 22.
CANVASSING VOTES
|
(10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
Sec. 22-1. Abstracts of votes. Within 21 days after the
close of the
election at which candidates for offices hereinafter named in this Section are
voted upon, the election authorities of the respective counties shall open the returns and make abstracts of
the votes on a separate sheet for each of the following:
A. For Governor and Lieutenant Governor;
B. For State officers;
C. For presidential electors;
D. For United States Senators and Representatives to | ||
| ||
E. For judges of the Supreme Court;
F. For judges of the Appellate Court;
G. For judges of the circuit court;
H. For Senators and Representatives to the General | ||
| ||
I. For State's Attorneys elected from 2 or more | ||
| ||
J. For amendments to the Constitution, and for other | ||
| ||
K. For county officers and for propositions submitted | ||
| ||
L. For Regional Superintendent of Schools;
M. For trustees of Sanitary Districts; and
N. For Trustee of a Regional Board of School Trustees.
Each sheet shall report the returns by precinct or ward. Multiple originals of each of the sheets shall be prepared and one of
each shall be turned over to the chair of the county central
committee of each of the then existing established political parties, as
defined in Section 10-2, or his duly authorized representative
immediately after the completion of the entries on the sheets and before
the totals have been compiled.
The foregoing abstracts shall be preserved by the election authority in its office.
Whenever any county clerk is unable to canvass the vote,
the deputy county clerk or a designee of the county clerk shall serve in his or her place.
The powers and duties of the election authority canvassing the votes are limited to
those specified in this Section.
No person who is shown by the election authority's proclamation to have been elected at the consolidated election or general election as a write-in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7-10 or Section 10-5, a statement pursuant to Section 7-10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected. For officers elected at the consolidated election, the certifying officer shall notify the election authority of the receipt of those documents, and the county clerk shall issue the certification of election under the provisions of Section 22-18. (Source: P.A. 100-1027, eff. 1-1-19 .)
|
(10 ILCS 5/22-1.2)
Sec. 22-1.2. (Repealed).
(Source: P.A. 81-1149. Repealed by P.A. 94-647, eff. 1-1-06.)
|
(10 ILCS 5/22-2) (from Ch. 46, par. 22-2)
Sec. 22-2.
The county clerk shall make out a certificate of election to
each of the persons having the highest number of votes, for the several
county offices, and deliver such certificate to the person entitled to it,
on his application.
(Source: Laws 1943, vol. 2, p. 1.)
|
(10 ILCS 5/22-3) (from Ch. 46, par. 22-3)
Sec. 22-3. When two (2) or more persons receive an equal and the highest
number of votes for an office to be filled by the county alone, the county
clerk shall issue a notice to such persons of such tie vote, and require
them to appear at his office, on a day named in the notice, no later than 21 days following an election, and determine by lot which of them is to be
declared elected.
(Source: P.A. 93-847, eff. 7-30-04.)
|
(10 ILCS 5/22-4) (from Ch. 46, par. 22-4)
Sec. 22-4.
On the day appointed, the clerk and the chair (or vice-chair
or secretary, as the case may be) of the county central
committees of the Republican and Democratic parties and other canvassers,
or, in case of their absence the state's attorney or sheriff, shall attend,
and the parties interested shall appear and determine by lot which of them
is to be declared elected; and the clerk shall issue his certificate of
election to the person thus declared elected.
(Source: P.A. 100-1027, eff. 1-1-19 .)
|
(10 ILCS 5/22-5) (from Ch. 46, par. 22-5)
Sec. 22-5. Immediately after the completion of the abstracts of votes by precinct or ward, the county
clerk shall make 2 correct copies of the abstracts of votes for Governor,
Lieutenant Governor, Secretary of State, State Comptroller, Treasurer,
Attorney General, both of which said copies he shall envelope and seal up,
and endorse upon the envelopes in substance, "Abstracts of votes for State
Officers from .... County"; and shall seal up a copy of each of the
abstracts of votes for other officers and amendments to the Constitution
and other propositions voted on, and endorse the same so as to show the
contents of the package, and address the same to the State Board of
Elections. The several packages shall then be placed in one envelope and
addressed to the State Board of Elections.
The county clerk shall send the sealed envelope addressed to the State Board
of Elections
via overnight mail so it arrives at the address the following calendar day.
(Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05.)
|
(10 ILCS 5/22-6) (from Ch. 46, par. 22-6)
Sec. 22-6. E-Canvass. (a) Within 22 days after each election, each Election Authority shall provide unit-by-unit vote totals to the State Board of Elections in an electronic format to be prescribed by the State Board of Elections. The State Board of Elections shall promulgate rules necessary for the implementation of this Section.
(b) Beginning with the November 2014 general election and every primary, consolidated, general, and special election thereafter, within 52 days after each election, the State Board of Elections shall publish the precinct-by-precinct vote totals on its website and make them available in a downloadable form. (Source: P.A. 98-115, eff. 7-29-13.)
|
(10 ILCS 5/22-7)
(from Ch. 46, par. 22-7)
Sec. 22-7. Canvass of votes; declaration and proclamation of result. The State Board of Elections, shall proceed within 31 days
after the election,
and sooner if all the returns are received, to canvass the votes given
for United States Senators and Representatives to Congress, State
executive officers, judges of the Supreme Court, judges of the Appellate
Court, judges of the Circuit Court, Senators, Representatives to the
General Assembly, State's Attorneys and Regional Superintendents of Schools
elected from 2 or more counties, respectively, and the persons
having the highest number of votes for the respective offices shall be
declared duly elected, but if it appears that more than the number of
persons to be elected have the highest and an equal number of votes for
the same office, the electoral board shall decide by lot which of such
persons shall be elected; and to each person duly elected, the Governor
shall give a certificate of election or commission, as the case may
require, and shall cause proclamation to be made of the result of the
canvass, and they shall at the same time and in the same manner, canvass
the vote cast upon amendments to the Constitution, and upon other
propositions submitted to the electors of the entire State; and the
Governor shall cause to be made such proclamation of the result of the
canvass as the statutes elsewhere provide. The State Board of Elections
shall transmit to the State Comptroller a list of the persons elected to
the various offices. The State Board of Elections shall also transmit to
the Supreme Court the names of persons elected to judgeships in
adversary elections and the names of judges who fail to win retention in
office.
No person who is shown by the canvassing board's proclamation to have been elected at the consolidated election or general election as a write-in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7-10 or Section 10-5, a statement pursuant to Section 7-10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected. For officers elected at the consolidated election, the certifying officer shall notify the election authority of the receipt of those documents, and the county clerk shall issue the certification of election under the provisions of Section 22-18.
(Source: P.A. 93-847, eff. 7-30-04; 94-645, eff. 8-22-05.)
|
(10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
Sec. 22-8. In municipalities operating under Article 6 of this Act,
within 21 days after the close of such election, the board of election
commissioners
shall open all returns and shall make abstracts or
statements of the votes for all offices and questions voted on at the election.
Each abstract or statement shall report the returns by precinct or ward.
Multiple originals of each of the abstracts or statements shall be prepared and one of
each shall be turned over to the chair of the county central committee
of each of the then existing established political parties, as defined in
Section 10-2.
(Source: P.A. 100-1027, eff. 1-1-19 .)
|
(10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
Sec. 22-9. It shall be the duty of the election authority to canvass and add up
and declare the result of every election hereafter held within the
boundaries of such city, village or incorporated town operating under
Article 6 of this Act. The election authority shall file a certified copy of the
record with the County Clerk of the county; and
such abstracts or results shall be treated, by the County Clerk in all
respects, as if made by the election authority now provided by the foregoing
sections of this law, and he shall transmit the same, by facsimile, e-mail, or other electronic means, to the State Board of
Elections, or other proper officer, as required hereinabove.
The county clerk or board of election commissioners, as the case may be,
shall also send the
abstract by precinct or ward and result in a sealed envelope addressed to the State Board of
Elections via
overnight mail so it arrives at the address the following calendar day.
And such
abstracts or results so declared, and a certified
copy thereof, shall be treated everywhere within the state, and by all
public officers, with the same binding force and effect as the abstract of
votes now authorized by the foregoing provisions of this Act.
(Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; 95-331, eff. 8-21-07.)
|
(10 ILCS 5/22-9.1) (from Ch. 46, par. 22-9.1)
Sec. 22-9.1. Within 5 days after the last day for proclamation of the results of any
canvass declaring persons nominated, elected or declared eligible for a
runoff election for any office or declaring the
adoption or rejection of a question of public policy, the following
persons may file a petition for discovery:
(a) any candidate who, in the entire area in which | ||
| ||
(b) any 5 electors of the same area within which | ||
| ||
A petition under this Section shall be filed with the election authority
for purposes of
discovery only. The petition shall ask that ballots, voting machines,
or ballot cards - as the case may be - shall be examined, that any
automatic tabulating equipment shall be tested, and that ballots,
recorded votes, or ballot cards - as the case may be - shall be counted
in specified precincts, not exceeding 25% of the
total number of precincts within the jurisdiction
of the election authority. Where there are fewer than 4 precincts under
the jurisdiction of the election authority and within the area in which
votes could be cast
in the election in connection with which the petition has been filed,
discovery shall be permitted in one of such precincts.
A petition filed under this Section shall be accompanied by the
payment of a fee of $50 per precinct specified.
All such fees shall be paid by the election authority into the county or city
treasury, as the case may be.
After 3 days notice in writing to the successful candidate for the
same office or, in the case of a question of public policy, such
notice as will reasonably inform interested persons of the time and
place of the discovery proceedings, the election authority shall examine the
ballots, voting machines, ballot cards, voter affidavits and applications
for ballot, test the automatic
tabulating equipment, and count the ballots, recorded votes, and ballot
cards in the specified election districts or precincts. At the request
of any candidate entitled to participate in the discovery proceedings, the
election authority shall also make available for examination the ballot
applications and voter affidavits for the specified precincts. Each candidate
affected by such examination shall have the right to attend the same in
person or by his representative. In the case of a question of public
policy, the board shall permit an equal number of acknowledged
proponents and acknowledged opponents to attend the examination.
On completion of the count of any ballots in each district or
precinct, the ballots shall be secured and sealed in the same manner
required of judges of election by Sections 7-54 and 17-20 of the Election Code.
The handling of the ballots in accord with this Section shall not of
itself affect the admissibility in evidence of the ballots in any other
proceedings, either legislative or judicial.
The results of the examination and count shall not be certified, used
to amend or change the abstracts of the votes previously completed, used
to deny the successful candidate for the same office his certificate of
nomination or election, nor used to change the previously declared result of the vote
on a question of public policy. Such count shall not be binding in an
election contest brought about under the provisions of the Election
Code, shall not be a prerequisite to bringing such an election contest,
shall not prevent the bringing of such an election contest, nor shall it
affect the results of the canvass previously proclaimed.
(Source: P.A. 103-467, eff. 8-4-23.)
|
(10 ILCS 5/22-10) (from Ch. 46, par. 22-10)
Sec. 22-10.
The County Clerk shall make out a certificate of election
to each person having the highest number of votes for the several county
offices, and deliver such certificate of election to the person
entitled to it, on his application.
(Source: P.A. 80-1469.)
|
(10 ILCS 5/22-12) (from Ch. 46, par. 22-12)
Sec. 22-12. In the canvass of such votes by the election
authority, provided
in section 22-8 hereof, the election
authority shall declare who is elected to any
city or town office. In the case of a tie in the election to any city, or
to any office voted for only within the territory of such city, it shall be
determined by lot, in such manner as such canvassers shall direct, which
candidate or candidates shall hold the office, and thereupon the person in
whose favor it shall result, shall be declared elected by the order entered
in the court as aforesaid.
(Source: P.A. 94-647, eff. 1-1-06.)
|
(10 ILCS 5/22-14)
Sec. 22-14. (Repealed).
(Source: P.A. 83-334. Repealed by P.A. 94-647, eff. 1-1-06.)
|
(10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
Sec. 22-15. The election
authority shall, upon request,
and by mail if so requested, furnish free of charge to any candidate for any office, whose name appeared
upon the ballot within the jurisdiction of
the election
authority, a copy of the abstract
of votes by precinct or ward for all candidates for the office for which such
person was a candidate. Such abstract shall be furnished no later than 2
days after the receipt of the request or 8 days after the completing of the
canvass, whichever is later.
Within one calendar day following the canvass and
proclamation of each general
primary election and general election, each election authority shall transmit
to the principal office of the State Board of Elections copies of the abstracts
of votes by precinct or ward for the offices of
ward, township, and precinct committeeperson via overnight mail so that the
abstract of votes arrives at the address the following calendar day. Each
election authority shall
also transmit to the principal office of the State Board of Elections copies
of current precinct poll lists.
(Source: P.A. 100-1027, eff. 1-1-19 .)
|
(10 ILCS 5/22-15.1) (from Ch. 46, par. 22-15.1)
Sec. 22-15.1. (a) Within 60 days following the canvass
of the general election within each election jurisdiction, the election
authority shall
prepare, in typewritten or legible computer-generated form, a report of the
abstracts of votes by precinct for all offices and
questions of public policy in connection with which votes were cast within
the election jurisdiction at the general election. The report shall
include the total number of ballots cast within each precinct or ward and the
total
number of registered voters within each precinct or ward. The election
authority shall provide a copy of the report to the chair of the county
central committee of each established political party in the county within
which the election jurisdiction is contained, and shall make a reasonable
number of copies of the report available for distribution to the public.
(b) Within 60 days after the effective date of this amendatory Act of
1985, each election authority shall prepare, in typewritten or legible
computer-generated form, a report of the type required
by subsection (a) concerning the general election of 1984. The election
authority shall provide a copy of the report to the chairperson of the county
central committee of each established political party in the county in
which the election jurisdiction is contained, and shall make a reasonable
number of copies of the report available for distribution to the public.
(c) An election authority may charge a fee to reimburse the actual cost
of duplicating each copy of a report provided pursuant to subsection (a) or
(b).
(Source: P.A. 100-1027, eff. 1-1-19 .)
|
(10 ILCS 5/22-16) (from Ch. 46, par. 22-16)
Sec. 22-16.
If the result of a canvass disclosed that a person
elected to office is a person whose nomination for said office was
vacated and not filled pursuant to Section 7-61 or 10-11, such
person shall be declared elected and the office thereupon shall become
vacant. Such vacancy in office shall be filled under the applicable
provision of Article 25.
(Source: P.A. 84-861.)
|
(10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
Sec. 22-17. (a) Except as provided in subsection (b),
the canvass of votes cast at the consolidated election
shall be conducted by the election authority within 21 days
after the close of such elections.
(b) The board of election commissioners as provided in Section 22-8 shall canvass
the votes cast at the consolidated election for offices
of any political subdivision entirely within the jurisdiction of a
municipal board of election commissioners.
(c) The canvass of votes cast upon any public questions submitted to
the voters of any political subdivision, or any precinct or combination of
precincts within a political subdivision, at any regular election or at
any emergency referendum election, including votes cast by voters
outside of the political subdivision where the question is for
annexation thereto, shall be canvassed by the same election
authority as for the canvass of votes of the officers of such political
subdivision. However, referenda conducted throughout a county and
referenda of sanitary districts whose officers are elected at general
elections shall be canvassed by the county clerk. The votes
cast on a public question for the formation of a political subdivision
shall be canvassed by the relevant election authority and filed with the circuit court that ordered the question
submitted.
(c-5) No person who is shown by the election authority's proclamation to have been elected at the consolidated election or general election as a write-in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7-10 or Section 10-5, a statement pursuant to Section 7-10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected. For officers elected at the consolidated election, the certifying officer shall notify the election authority of the receipt of those documents, and the county clerk shall issue the certification of election under the provisions of Section 22-18. (d) The canvass of votes for offices of political subdivisions cast
at special elections to fill vacancies held on the day of any regular
election shall be conducted by the election
authority which is responsible
for canvassing the votes at the regularly scheduled election for such office.
(e) Abstracts of votes prepared pursuant to canvasses under this Section shall report returns by precinct or ward. (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; 95-331, eff. 8-21-07.)
|
(10 ILCS 5/22-18) (from Ch. 46, par. 22-18)
Sec. 22-18. The canvass of votes and the proclamation
of results by the election
authority provided in Section 22-17
shall be conducted in accordance with the procedures and
requirements otherwise provided in this Article. A signed copy or original duplicate of
its completed abstract of votes must be transmitted to each election authority having
jurisdiction over any of the territory of the respective political
subdivision and transmitted, by
facsimile, e-mail, or any other electronic means, to the State Board of Elections in the same manner as
provided in Section 22-5.
The county clerk shall make out a certificate of election to each
person declared elected to an office by the election
authorities
and transmit such certificate to the person so entitled, upon his
application. For political subdivisions whose territory extends into
more than one county, the certificates of election shall be issued by
the county clerk of the county which contains the principal office of
the political subdivision.
Whenever an election
authority canvasses the votes cast upon a public
question submitted to referendum pursuant to a court order, the election
authority
shall immediately transmit a signed copy or an original duplicate of its
completed abstract of the votes to the court which ordered the
referendum.
(Source: P.A. 94-647, eff. 1-1-06.)
|
(10 ILCS 5/Art. 23 heading) ARTICLE 23.
CONTESTING ELECTIONS
|
(10 ILCS 5/23-1.1a) (from Ch. 46, par. 23-1.1a)
Sec. 23-1.1a.
Election contest - Statewide - Jurisdiction.
The Supreme
Court shall have jurisdiction over contests of the results of any election,
including a primary, for an elected officer provided for in Article V of
the Constitution, and shall
retain jurisdiction throughout the course of such election contests.
(Source: P.A. 89-5, eff. 1-1-96.)
|
(10 ILCS 5/23-1.2a) (from Ch. 46, par. 23-1.2a)
Sec. 23-1.2a.
Election contest - Statewide offices - Who may
contest - Time and place for filing - Fee. The results of an election,
including a primary, for an elected executive officer provided for in
Article V of the Constitution
may be challenged (1) by any candidate whose
name was on the ballot for that office, (2) by any person who filed a
declaration of intent to be a write-in candidate for that office, or (3)
by any person who voted in that election, provided that such person's
challenge is supported by a verified petition signed by persons who voted
in the election in a number no less than the largest number of signatures
required to nominate a person to be a candidate of any political party
which nominated a candidate for the office being contested.
Any person, including a candidate, qualified pursuant to this Section and
desiring to contest the results of an election for such an office shall,
within 15 days of the date of the official proclamation of results of such
election, file a Petition of State Election Contest with the clerk of the
Supreme Court together with a filing fee in the amount of $10,000.
(Source: P.A. 89-5, eff. 1-1-96.)
|
(10 ILCS 5/23-1.3a) (from Ch. 46, par. 23-1.3a)
Sec. 23-1.3a.
Election contest - Statewide - Petition - Contents.
A
Petition of State Election Contest shall be signed and verified by each
person contesting the results of the election and shall contain:
(a) The name of each candidate who received at least 1% of the votes
cast for the office contested and the residence address of each such
candidate as shown in the Statement of Candidacy of each candidate or, in
the case of a write-in candidate, such candidate's residence address as
determined by a diligent search;
(b) The results of the contested election as certified in the official
proclamation;
(c) A statement that the Petitioner cast a ballot in the election
contested, was a candidate whose name was on the ballot for the office
which is the subject of the election contest, or filed a declaration of
intent to be a write-in candidate for the office which is the subject of
the election contest;
(d) A statement that each petitioner believes (i) mistake or fraud has
been committed in the casting, counting or return or canvass of the votes
for the office involved or (ii) there was some other irregularity in the
conduct of the contested election, or both;
(e) A statement declaring with particularity the specific precincts in
which the mistake, fraud or irregularity relied upon by the Petitioner is
believed to have occurred;
(f) The names and addresses of each election authority in whose
jurisdiction the election was held, clearly indicating which election
authorities had jurisdiction over the precincts in which each alleged
mistake, fraud or irregularity occurred;
(g) A statement declaring that, as a consequence of the mistake, fraud
or irregularity alleged, the result of the election, as officially
proclaimed, was incorrect; and
(h) A statement declaring the Petitioner's belief as to which candidate
did receive the highest number of votes.
(Source: P.A. 86-873.)
|
(10 ILCS 5/23-1.4a) (from Ch. 46, par. 23-1.4a)
Sec. 23-1.4a.
Election contest - Statewide - Notice to parties.
Upon
receipt of a properly executed Petition of State Election Contest and the
filing fee, the Clerk of the Supreme Court shall within 48 hours (a)
mail, by certified first class mail, return receipt requested, a copy of
the Petition to each candidate and each election authority listed in the
Petition at their addresses shown therein and to the State Board of
Elections, and (b) notify the Chief Justice of the Supreme Court that a
Petition of State Election Contest has been filed.
(Source: P.A. 86-873.)
|
(10 ILCS 5/23-1.5a) (from Ch. 46, par. 23-1.5a)
Sec. 23-1.5a.
Election contest - Statewide - Appearances and responsive
pleadings - Time. Within 20 days of the filing of a Petition of State
Election Contest, each candidate in the election contested may become a
party to the contest proceeding by entering his or her written appearance
or otherwise filing written pleadings in response to the Petition of State
Election Contest with the Clerk of the Supreme Court. The responsive
pleadings may include a motion to dismiss, challenging the sufficiency of
the Petition of State Election contest or any part thereof. Any candidate
who does not so enter his or her appearance shall not be entitled to
further notice of the contest proceeding nor be permitted to take part in
the proceeding on his or her own behalf. Failure to file an appearance,
however, shall not affect a candidate's right to office if he or she is
determined to have received the highest number of votes.
(Source: P.A. 86-873.)
|
(10 ILCS 5/23-1.6a) (from Ch. 46, par. 23-1.6a)
Sec. 23-1.6a.
Election contest - Statewide - Examination of
records - Procedure. If a petitioner in any election contest desires to
examine records and equipment under the control of an election authority,
he or she shall file with the Clerk of the Supreme Court a Request for
Record Examination within 30 days of the date of the filing of the Petition
and shall serve copies thereof on all parties to the contest and upon all
election authorities having jurisdiction over the precincts in which votes
were cast in the contested election. Within 5 days of receipt of such a
Request, or between the 31st and 36th day after a petition is filed if no
such Request is received, any other party to the election contest may file
with the Clerk of the Supreme Court a request for Record Examination
indicating the records and equipment not previously requested by the
petitioner which such party desires to examine, serving a copy thereof upon
all parties to the contest and upon all election authorities having
jurisdiction over the precincts in which votes were cast in the contested
election. Any party who fails to timely file a Request for Record
Examination shall thereafter be barred from filing such a Request. A
Request for Record Examination shall clearly set forth by precincts the
records and equipment which the person filing the Request desires to
examine and shall not be altered or amended after filing. Each Request for
Record Examination shall be accompanied by a bond, with adequate surety, in
an amount equal to $50 per precinct listed, or $75,000, whichever is less,
to secure the payment by the party submitting the Request, of any
assessment of the costs of the examination ordered by the Supreme Court.
(Source: P.A. 86-873.)
|
(10 ILCS 5/23-1.7a) (from Ch. 46, par. 23-1.7a)
Sec. 23-1.7a.
Election contest - Statewide - Initial procedures and
rules. Subsequent to the time that all candidates in the election contest
have appeared or are required to appear, and all Requests for Records
Examination are required to be filed, the Chief Justice of the Supreme
Court shall call the Supreme Court into session to consider the Petition of
State Election Contest and any responsive pleadings, together with any
Requests for Record Examination, receiving such briefs and argument as the
Court shall deem appropriate. Thereafter, the Supreme Court shall:
(a) Determine the sufficiency of the Petition, and shall dismiss the
Petition or any part of it if found insufficient;
(b) Issue rulings on any issues as to which there are no material facts
in dispute;
(c) Identify those election jurisdictions, if any, for which a recount
or hearing is appropriate; and
(d) In its discretion, establish rules of procedure for the
determination of disputed facts.
(Source: P.A. 86-873.)
|
(10 ILCS 5/23-1.8a) (from Ch. 46, par. 23-1.8a)
Sec. 23-1.8a.
Election contest - Statewide - Procedures for recount and
initial hearing. In all cases for which the Supreme Court finds it
appropriate that there be conducted a recount or partial recount of ballots
cast in any election jurisdiction, or a hearing regarding the conduct of
the election within any election jurisdiction, the Supreme Court shall, in
consultation with the Chief Judge of the Judicial Circuit in which each
such election jurisdiction is located, assign a Circuit Judge of that
Judicial circuit to preside over the recount or hearing. If more than one
election jurisdiction within a single Judicial circuit is subject to
recount or hearing, the Supreme Court may assign a different Circuit Judge
to preside over the recount or hearing for each such election jurisdiction.
Each Circuit Judge appointed pursuant to this Section shall supervise the
examination of the records or equipment of the election authority whose
jurisdiction is subject to the recount or hearing, and shall take evidence
in the same manner and upon like notice as in other civil cases. At the
conclusion of the recount or hearing, the Circuit Judge shall make a
recommendation as to the assessment of the costs of any examination of
records and equipment of the election authority against the party
requesting the examination; provided that such recommendation shall not
call for the assessment of more than $50 per precinct. If one party
requests the right to examine some but not all records and equipment in one
precinct and another party requests the right to examine other records or
equipment in the same precinct, the Circuit Judge shall recommend an
appropriate apportionment of the costs between the parties. During any
recount or hearing presided over by a Circuit Judge, pursuant to this
Section the Supreme Court shall retain jurisdiction over the contest, and
may issue procedural orders or interim rulings regarding the recount
or hearing, either upon motion of a party or upon its own motion.
(Source: P.A. 86-873.)
|