HB4613 104TH GENERAL ASSEMBLY

LRB104 17988 SPS 31425 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4613

Introduced 2/3/2026, by Rep. Maurice A. West, II

SYNOPSIS AS INTRODUCED:

10 ILCS 5/16-7	from Ch. 46, par. 16-7
10 ILCS 5/28-14 new

Amends the Election Code. Provides that every ballot measure to be placed on a ballot shall be written in plain language and include a ballot measure summary that describes the primary purpose of the ballot measure and the material legal effect if the ballot measure is approved or rejected. Sets forth provisions concerning the preparation of ballot measures and ballot measure summaries. Provides that a registered voter may challenge a ballot measure or ballot measure summary for non-compliance with the provision. Makes conforming changes.

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 Section 16-7 and by adding Section 28-14 as follows:

(10 ILCS 5/16-7) (from Ch. 46, par. 16-7)

Sec. 16-7. Whenever a public question is to be submitted to be voted upon and has been initiated and certified in accordance with Article 28 of this Code, the election authorities to whom the question is certified shall print the question on the ballot for the proper election in accordance with Section 28-14, and shall cause it to be submitted in the proper precincts to those electors entitled by reason of their residency to vote on such question.

The substance of such public measure shall be clearly indicated on a separate ballot, and two spaces shall be left upon the right-hand margin thereof, one for the votes favoring the public measure, to be designated by the word, "Yes", and one for the votes opposing the measure, to be designated by the word, "No", as in the form herein given:

---------------------

Shall (here print YES the substance of the ------------------------------

public measure). NO -------------------------------------------------------------

The elector shall designate his vote by a cross mark, thus: (X). Any such separate ballot shall be printed on paper of sufficient size so that when folded once it shall be large enough to contain the following words, which shall be printed on the back, "Ballot for (name of public measure to be voted on)." Such ballot shall be handed to the elector at the same time as the ballot containing the names of the candidates, and returned therewith by the elector to the proper office in the manner designated by this Act. All provisions of this Act relating to ballots shall apply to such separate ballot, except as herein otherwise provided. Such separate ballot or ballots shall be printed upon paper of a distinctly different color from any other ballot for candidates used at such election and from those for the question of retention in office of judges and of constitutional amendments and as near as may be practicable, be of uniform size. Any variation in the size of such ballots shall not impair their validity.

In the case of a public question described in subsection (b) of Section 28-6, the election authority shall include on the ballot the description of the territory concerning which the question is to be submitted, as set forth in the certification of the public question or, where the question is initiated by petition filed with the authority, as set forth in such petition. If the election authority determines the description cannot be included within the space limitations of the ballot, the election authority shall prepare large printed copies of a notice of the public question, which shall include the description. The notice shall be prominently displayed in the polling place of each precinct in which the question is to be submitted.

In precincts in which voting machines are used, separate ballots shall not be required if such voting machines permit the casting of votes on such proposition.

An electronic voting system authorized by Article 24A may be used in voting and tabulating the ballots on a public measure. When an electronic voting system is used, which utilizes a ballot label booklet and ballot card, there shall be used in the ballot label booklet a separate ballot label page or pages as required for such public measures or propositions. The page or pages for such public measures or propositions shall be of a color separate and distinct from the ballot label page or pages used for candidates and from those used for the propositions of retention in office of judges and of constitutional amendments. The ballot card provided for recording the voter's vote or choice on public measures or propositions may be the same card as is used for recording his vote for candidates. More than one public measure or proposition may be placed on the same ballot label page or series of pages and may be voted or recorded on the same column or series of columns on the same ballot card, and all columns on the ballot card may be of the same color.

However, at the nonpartisan, consolidated primary, and consolidated elections, the proposition for a public question relating to a political subdivision shall be placed on the ballot together with the ballot for the nomination or election of officers of such political subdivision to be voted upon at the same election, unless such placement is not feasible.

(Source: P.A. 84-1467.)

(10 ILCS 5/28-14 new)

Sec. 28-14. Plain language and readability standards.

(a) As used in this Section:

"Ballot measure" means any public question, constitutional amendment, referendum, or other proposition submitted to voters under this Article.

"Plain language" means wording that is clear, concise, logically organized, and written so that the intended audience can understand it without specialized legal knowledge. "Plain language" does not include wording that:

(1) contains more than one passive sentence;

(2) uses unnecessary semicolons rather than separate sentences; or

(3) contains double negatives.

"Readability standard" means an objective measure of text complexity, as determined by the Flesch-Kincaid readability test.

(b) Every ballot measure to be placed on a ballot shall be written in plain language and shall include a ballot measure summary that describes the primary purpose of the ballot measure and the material legal effect if the ballot measure is approved or rejected.

(c) A ballot measure summary required under subsection (b) shall:

(1) be neutral, non-argumentative, and avoid the unnecessary use of legal terms;

(2) state the effect of a "Yes" vote and of a "No" vote;

(3) be written to have a Flesch-Kincaid Grade Level score no higher than the eighth grade; and

(4) be no longer than 75 words for statewide ballot measures or 50 words for local ballot measures.

(d) The State Board of Elections, in consultation with the Attorney General, shall prepare and review statewide ballot measures and ballot measure summaries for compliance with this Section before certification. A local election authority shall prepare and review local ballot measures and ballot measure summaries for compliance with this Section before certification.

(e) A registered voter may challenge a ballot measure or ballot measure summary for non-compliance with this Section. If a court finds that a ballot measure or a ballot measure summary does not comply, it may order that the State Board of Elections or local election authority make revisions necessary to satisfy the requirements of this Section.