Illinois General Assembly - Full Text of SB2004

LRB104 11266 SPS 21350 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2004

Introduced 2/6/2025, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

10 ILCS 5/7-99 new
10 ILCS 5/16-99 new
10 ILCS 5/17-99 new
10 ILCS 5/18-99 new
10 ILCS 5/Art. 22A heading new
10 ILCS 5/22A-1 new
10 ILCS 5/22A-5 new
10 ILCS 5/22A-10 new
10 ILCS 5/22A-15 new
10 ILCS 5/22A-20 new
10 ILCS 5/22A-25 new

Amends the Election Code. Creates the Ranked-Choice Voting Article. Provides that a unit of local government may allow for any local primary election, general election, or special election to be conducted by ranked-choice voting. Sets forth provisions concerning ranked choice voting elections. Makes conforming changes. Effective immediately.

A BILL FOR

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 2A-1.2 and 10-6 and by adding Sections 7-99, 16-99, 17-99, 18-99, and Article 22A as follows:

(10 ILCS 5/7-99 new)

Sec. 7-99. Ranked-choice voting. For an election conducted using ranked-choice voting, the provisions of this Article may be modified or interpreted to the extent necessary to implement the provisions of Article 22A.

(10 ILCS 5/16-99 new)

Sec. 16-99. Ranked-choice voting.For an election conducted using ranked-choice voting, the provisions of this Article may be modified or interpreted to the extent necessary to implement ranked-choice voting elections under Article 22A.

(10 ILCS 5/17-99 new)

Sec. 17-99. Ranked-choice voting. For an election conducted using ranked-choice voting, the provisions of this Article may be modified or interpreted to the extent necessary to implement the provisions of Article 22A.

(10 ILCS 5/18-99 new)

Sec. 18-99. Ranked-choice voting. For an election conducted using ranked-choice voting, the provisions of this Article may be modified or interpreted to the extent necessary to implement the provisions of Article 22A.

(10 ILCS 5/Art. 22A heading new)

ARTICLE 22A. RANKED-CHOICE VOTING

(10 ILCS 5/22A-1 new)

Sec. 22A-1. Definitions. As used in this Article:

"Active ballot" means a ballot that counts for an active candidate.

"Active candidate" means any candidate who has not been eliminated or elected.

"Ranking" means the number available to be assigned by a voter to a candidate to express the voter's preference for that candidate.

"Round" means an instance of the sequence of vote tabulation.

(10 ILCS 5/22A-5 new)

Sec. 22A-5. Ranked-choice voting in local elections.

(a) A unit of local government may allow for any local primary election, general election, or special election to be conducted by ranked-choice voting in accordance with this Article. A unit of local government that conducts its general election or special election by ranked-choice voting may do so without holding a separate primary election or runoff election.

(b) A unit of local government that implements ranked-choice voting shall:

(1) specify whether the system will be used for single-seat elections, multi-seat elections, or both;

(2) ensure that voting systems used are compatible with ranked-choice voting and are certified by the State Board of Elections; and

(3) provide voter education materials to inform the electorate about ranked-choice voting.

(10 ILCS 5/22A-10 new)

Sec. 22A-10. Ranked-choice voting ballot. In an election conducted by ranked-choice voting, the ballot shall allow voters to rank candidates in order of preference as follows:

(1) in a single-winner ranked-choice voting election, the ballot shall allow voters to rank at least 5 candidates, including declared write-in candidates; or

(2) in a multi-winner ranked-choice voting election, the ballot shall allow voters to rank at least 4 more candidates than the number of seats to be nominated or elected, including declared write-in candidates.

If there are fewer candidates than the number of rankings required in this Section, the number of rankings may be reduced as necessary. The number of rankings allowed in an election for any office shall be uniform for all elections for that office in this State.

(10 ILCS 5/22A-15 new)

Sec. 22A-15. Application of ranked-choice voting to localities.

(a) In any an election for one office is conducted by ranked-choice voting, each ballot counts as one vote for its highest-ranked active candidate. The candidate with the highest number of votes at the end of tabulation is nominated or elected. The tabulation of votes proceeds in rounds as follows:

(1) if no active candidate has received a majority of active ballots, the active candidate with the fewest votes is eliminated, and votes for the eliminated candidate count for each ballot's next-ranked active candidate; and

(2) if a candidate is ranked the highest on a majority of active ballots, the tabulation of votes is complete.

(b) In an election for more than one office conducted by ranked-choice voting, each ballot counts in whole or in part for its highest-ranked active candidate. Candidates are nominated or elected if they receive the minimum whole number of votes needed to win. To determine the threshold required to win, the total number of valid votes cast shall be divided by the sum of one and the number of seats to be filled, rounded down to the nearest whole number, and added by one. If a candidate receives more votes than the threshold, part of each vote received by that candidate counts for each ballot's next-ranked active candidate instead. If no active candidate meets the threshold, the candidate with the fewest votes is eliminated and votes for that candidate count for each ballot's next-ranked active candidate. The State Board of Elections shall establish guidelines and best practices for administering multi-winner ranked-choice elections.

(c) Ballots in a ranked-choice voting election shall be treated as follows:

(1) an under-vote does not count as an active or inactive ballot in any round of tabulation of that election;

(2) an inactive ballot is a ballot that ceases during tabulation to count for any candidate for the remainder of tabulation of the election for that office because either:

(A) all candidates ranked on the ballot have become inactive; or

(B) the ballot includes an over-vote and any candidates ranked higher than the over-vote have become inactive;

(3) during tabulation, a ballot shall remain active and continue to count for its highest-ranked active candidate notwithstanding any skipped ranking or repeated ranking on the ballot; and

(4) if a candidate withdraws, dies, or for any reason becomes disqualified after the ballots have been printed, the candidate shall be treated as an eliminated candidate during tabulation unless a ranking for that candidate is to be deemed to be a ranking for a substitute candidate under applicable law.

(d) If 2 or more candidates are tied with the fewest number of votes, and tabulation cannot continue until the tie is resolved, the tie shall be resolved by lot. Election officials may resolve prospective ties between candidates prior to tabulation. The result of any tie resolution must be recorded and reused in the event of a recount.

(e) As used in this Section:

"Overvote" means a voter ranks more than one candidate at the same ranking.

"Repeated ranking" means a voter ranks the same candidate at multiple rankings.

"Skipped ranking" means a voter leaves a ranking unassigned but ranks a candidate at a subsequent ranking.

"Undervote" means a voter does not rank any candidates in an election for a particular office.

(10 ILCS 5/22A-20 new)

Sec. 22A-20. Rulemaking. Notwithstanding any law to the contrary, the State Board of Elections shall adopt any rules necessary to implement this Article, including a process to release: (1) unofficial preliminary round-by-round results on election night; (2) unofficial preliminary ballot-level ranking data in a machine-readable and searchable open format no later than when the counting of ballots is complete; (3) official final round-by-round results upon certification of the results; and (4) official final ballot-level ranking data in a machine-readable and searchable open format upon certification of the results.

(10 ILCS 5/22A-25 new)

Sec. 22A-25. Software standards. The State Board of Elections shall establish standards for the use of existing vote tabulating software in elections conducted by ranked-choice voting. Any person, firm, or corporation manufacturing, owning, or offering for sale any vote tabulation software designed to be used with existing voting systems may apply to the State Board of Elections, in the manner prescribed by the State Board of Elections, to have examined a production version of the software. A unit of local government that makes the decision to conduct elections by ranked-choice voting shall provide for the use of vote tabulating software approved by the State Board of Elections in the elections.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

Section 99. Effective date. This Act takes effect upon becoming law.