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HB1619 Engrossed |
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LRB095 08861 JAM 29047 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing |
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| Sections 16-3, 17-16.1, 18-9.1, 19-8, and 20-8 as follows:
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| (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
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| (Text of Section before amendment by P.A. 94-1090 )
|
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| Sec. 16-3. (a) The names of all candidates to be voted for |
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| in each
election district or precinct shall be printed on one |
10 |
| ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of |
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| this Act and except as otherwise
provided in this Act with |
12 |
| respect to the odd year regular elections and
the emergency |
13 |
| referenda; all nominations
of any political party being placed |
14 |
| under the party appellation or title
of such party as |
15 |
| designated in the certificates of nomination or
petitions. The |
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| names of all independent candidates shall be printed upon
the |
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| ballot in a column or columns under the heading "independent"
|
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| arranged under the names or titles of the respective offices |
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| for which
such independent candidates shall have been nominated |
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| and so far as
practicable, the name or names of any independent |
21 |
| candidate or
candidates for any office shall be printed upon |
22 |
| the ballot opposite the
name or names of any candidate or |
23 |
| candidates for the same office
contained in any party column or |
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HB1619 Engrossed |
- 2 - |
LRB095 08861 JAM 29047 b |
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| columns upon said ballot. The ballot
shall contain no other |
2 |
| names, except that in cases of electors for
President and |
3 |
| Vice-President of the United States, the names of the
|
4 |
| candidates for President and Vice-President may be added to the |
5 |
| party
designation and words calculated to aid the voter in his |
6 |
| choice of candidates
may be added, such as "Vote for one," |
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| "Vote for three." When an electronic
voting system is used |
8 |
| which utilizes a ballot label booklet, the candidates
and |
9 |
| questions shall appear on the pages of such booklet in the |
10 |
| order
provided by this Code; and, in any case where candidates |
11 |
| for an office
appear on a page which does not contain the name |
12 |
| of any candidate for
another office, and where less than 50% of |
13 |
| the page is utilized, the name of
no candidate shall be printed |
14 |
| on the lowest 25% of such page. On the back or
outside of the |
15 |
| ballot, so as to appear when folded, shall be printed the words
|
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| "Official Ballot", followed by the designation of the polling |
17 |
| place for
which the ballot is prepared, the date of the |
18 |
| election and a facsimile
of the signature of the election |
19 |
| authority who has caused the ballots to
be printed. The ballots |
20 |
| shall be of plain white paper, through which the
printing or |
21 |
| writing cannot be read. However, ballots for use at the
|
22 |
| nonpartisan and consolidated elections may be printed on |
23 |
| different color
paper, except blue paper, whenever necessary or |
24 |
| desirable to facilitate
distinguishing between ballots for |
25 |
| different political subdivisions. In
the case of nonpartisan |
26 |
| elections for officers of a political
subdivision, unless the |
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HB1619 Engrossed |
- 3 - |
LRB095 08861 JAM 29047 b |
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| statute or an ordinance adopted pursuant to
Article VII of the |
2 |
| Constitution providing the form of government
therefor |
3 |
| requires otherwise, the column listing such nonpartisan
|
4 |
| candidates shall be printed with no appellation or circle at |
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| its head.
The party appellation or title, or the word |
6 |
| "independent" at the head of
any column provided for |
7 |
| independent candidates, shall be printed in letters not less |
8 |
| than one-fourth of an inch in height
and a
circle one-half inch |
9 |
| in diameter shall be printed at the beginning of
the line in |
10 |
| which such appellation or title is printed, provided,
however, |
11 |
| that no such circle shall be printed at the head of any column
|
12 |
| or columns provided for such independent candidates. The names |
13 |
| of
candidates shall be printed in letters not less than |
14 |
| one-eighth
nor more than one-fourth of an inch in height, and |
15 |
| at the beginning of
each line in which a name of a candidate is |
16 |
| printed a square shall be
printed, the sides of which shall be |
17 |
| not less than one-fourth of an inch
in length. However, the |
18 |
| names of the candidates for Governor and
Lieutenant Governor on |
19 |
| the same ticket shall be printed within a bracket
and a single |
20 |
| square shall be printed in front of the bracket. The list
of |
21 |
| candidates of the several parties and any such list of |
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| independent
candidates shall be placed in separate columns on |
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| the ballot in such
order as the election authorities charged |
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| with the printing of the
ballots shall decide; provided, that |
25 |
| the names of the candidates of the
several political parties, |
26 |
| certified by the State Board of Elections to
the several county |
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HB1619 Engrossed |
- 4 - |
LRB095 08861 JAM 29047 b |
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| clerks shall be printed by the county clerk of the
proper |
2 |
| county on the official ballot in the order certified by the |
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| State
Board of Elections. Any county clerk refusing, neglecting |
4 |
| or failing to
print on the official ballot the names of |
5 |
| candidates of the several
political parties in the order |
6 |
| certified by the State Board of
Elections, and any county clerk |
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| who prints or causes to be printed upon
the official ballot the |
8 |
| name of a candidate, for an office to be filled
by the Electors |
9 |
| of the entire State, whose name has not been duly
certified to |
10 |
| him upon a certificate signed by the State Board of
Elections |
11 |
| shall be guilty of a Class C misdemeanor.
|
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| (b) When an electronic voting system is used which utilizes |
13 |
| a ballot
card,
on the inside flap of each ballot card envelope |
14 |
| there shall be printed
a form for write-in voting which shall |
15 |
| be substantially as follows:
|
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| WRITE-IN VOTES
|
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| (See card of instructions for specific information. |
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| Duplicate form below
by hand for additional write-in votes.)
|
19 |
| _____________________________
|
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| Title of Office
|
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| ( ) ____________________________
|
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| Name of Candidate
|
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| (c) When an electronic voting system is used which uses a |
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| ballot sheet,
the
instructions to voters on the ballot sheet |
25 |
| shall refer the voter to the
card of instructions for specific |
26 |
| information on write-in voting. A provision for the casting of |
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HB1619 Engrossed |
- 5 - |
LRB095 08861 JAM 29047 b |
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| a write-in vote shall be made either (i) below each office |
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| appearing on the ballot sheet or (ii) in the space following |
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| all ballot questions, using the form for write-in voting set |
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| forth in subsection (b).
Below
each office appearing on such |
5 |
| ballot sheet there shall be a provision for
the casting of a |
6 |
| write-in vote.
|
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| (d) When such electronic system is used, there shall be |
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| printed on the
back of each ballot card, each ballot card |
9 |
| envelope, and
the first page of the ballot label when a ballot |
10 |
| label is used, the
words "Official Ballot," followed by the |
11 |
| number of the
precinct or other precinct identification, which |
12 |
| may be stamped, in lieu
thereof and, as applicable, the number |
13 |
| and name of the township, ward
or other election district for |
14 |
| which the ballot card, ballot card
envelope, and ballot label |
15 |
| are prepared, the date of the election and a
facsimile of the |
16 |
| signature of the election authority who has caused the
ballots |
17 |
| to be printed. The back of the ballot card shall also include
a |
18 |
| method of identifying the ballot configuration such as a |
19 |
| listing of the
political subdivisions and districts for which |
20 |
| votes may be cast on that
ballot, or a number code identifying |
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| the ballot configuration or color coded
ballots, except that |
22 |
| where there is only one ballot configuration in a
precinct, the |
23 |
| precinct identification, and any applicable ward
|
24 |
| identification, shall be sufficient. Ballot card envelopes |
25 |
| used in punch
card systems shall be of paper through which no |
26 |
| writing or punches may be
discerned and shall be of sufficient |
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HB1619 Engrossed |
- 6 - |
LRB095 08861 JAM 29047 b |
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| length to enclose all voting
positions. However, the election |
2 |
| authority may provide
ballot card envelopes on which no |
3 |
| precinct number or township, ward or
other election district |
4 |
| designation, or election date are preprinted, if
space and a |
5 |
| preprinted form are provided below the space provided for
the |
6 |
| names of write-in candidates where such information may be |
7 |
| entered
by the judges of election. Whenever an election |
8 |
| authority utilizes
ballot card envelopes on which the election |
9 |
| date and precinct is not
preprinted, a judge of election shall |
10 |
| mark such information for the
particular precinct and election |
11 |
| on the envelope in ink before tallying
and counting any |
12 |
| write-in vote written thereon.
If some method of insuring |
13 |
| ballot secrecy other than an envelope is used,
such information |
14 |
| must be provided on the ballot itself.
|
15 |
| (e) In the designation of the name of a candidate on the |
16 |
| ballot, the
candidate's given name or names, initial or |
17 |
| initials, a nickname by
which the candidate is commonly known, |
18 |
| or a combination thereof, may be
used in addition to the |
19 |
| candidate's surname. No other designation such
as a political |
20 |
| slogan, title, or degree or nickname suggesting or
implying |
21 |
| possession of a
title, degree or professional status, or |
22 |
| similar information may be used
in connection with the |
23 |
| candidate's surname, except that the title "Mrs."
may be used |
24 |
| in the case of a married woman.
For purposes of this Section, a |
25 |
| "political slogan" is defined as any
word or words expressing |
26 |
| or connoting a position, opinion, or belief that the
candidate |
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HB1619 Engrossed |
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LRB095 08861 JAM 29047 b |
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1 |
| may espouse, including but not limited to, any word or words
|
2 |
| conveying any meaning other than that of the personal identity |
3 |
| of the
candidate. A
candidate may not use a political slogan as |
4 |
| part of his or her name on the
ballot, notwithstanding that the |
5 |
| political slogan may be part of the
candidate's name.
|
6 |
| (f) The State Board of Elections, a local election |
7 |
| official, or an
election
authority shall remove any candidate's |
8 |
| name designation from a ballot that is
inconsistent with |
9 |
| subsection (e) of this Section. In addition, the State Board
of |
10 |
| Elections, a local election official, or an election authority |
11 |
| shall not
certify to any election authority any candidate name |
12 |
| designation that is
inconsistent with subsection (e) of this |
13 |
| Section.
|
14 |
| (g) If the State Board of Elections, a local election |
15 |
| official, or an
election
authority removes a candidate's name |
16 |
| designation from a ballot under
subsection (f) of this Section, |
17 |
| then the aggrieved candidate may seek
appropriate relief in |
18 |
| circuit court.
|
19 |
| Where voting machines or electronic voting systems are |
20 |
| used, the
provisions of this Section may be modified as |
21 |
| required or authorized by
Article 24 or Article 24A, whichever |
22 |
| is applicable.
|
23 |
| Nothing in this Section shall prohibit election |
24 |
| authorities from using
or reusing ballot card envelopes which |
25 |
| were printed before the effective
date of this amendatory Act |
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| of 1985.
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HB1619 Engrossed |
- 8 - |
LRB095 08861 JAM 29047 b |
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|
1 |
| (Source: P.A. 92-178, eff. 1-1-02; 93-574, eff. 8-21-03.)
|
2 |
| (Text of Section after amendment by P.A. 94-1090 )
|
3 |
| Sec. 16-3. (a) The names of all candidates to be voted for |
4 |
| in each
election district or precinct shall be printed on one |
5 |
| ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of |
6 |
| this Act and except as otherwise
provided in this Act with |
7 |
| respect to the odd year regular elections and
the emergency |
8 |
| referenda; all nominations
of any political party being placed |
9 |
| under the party appellation or title
of such party as |
10 |
| designated in the certificates of nomination or
petitions. The |
11 |
| names of all independent candidates shall be printed upon
the |
12 |
| ballot in a column or columns under the heading "independent"
|
13 |
| arranged under the names or titles of the respective offices |
14 |
| for which
such independent candidates shall have been nominated |
15 |
| and so far as
practicable, the name or names of any independent |
16 |
| candidate or
candidates for any office shall be printed upon |
17 |
| the ballot opposite the
name or names of any candidate or |
18 |
| candidates for the same office
contained in any party column or |
19 |
| columns upon said ballot. The ballot
shall contain no other |
20 |
| names, except that in cases of electors for
President and |
21 |
| Vice-President of the United States, the names of the
|
22 |
| candidates for President and Vice-President may be added to the |
23 |
| party
designation and words calculated to aid the voter in his |
24 |
| choice of candidates
may be added, such as "Vote for one," |
25 |
| "Vote for three." When an electronic
voting system is used |
|
|
|
HB1619 Engrossed |
- 9 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| which utilizes a ballot label booklet, the candidates
and |
2 |
| questions shall appear on the pages of such booklet in the |
3 |
| order
provided by this Code; and, in any case where candidates |
4 |
| for an office
appear on a page which does not contain the name |
5 |
| of any candidate for
another office, and where less than 50% of |
6 |
| the page is utilized, the name of
no candidate shall be printed |
7 |
| on the lowest 25% of such page. On the back or
outside of the |
8 |
| ballot, so as to appear when folded, shall be printed the words
|
9 |
| "Official Ballot", followed by the designation of the polling |
10 |
| place for
which the ballot is prepared, the date of the |
11 |
| election and a facsimile
of the signature of the election |
12 |
| authority who has caused the ballots to
be printed. The ballots |
13 |
| shall be of plain white paper, through which the
printing or |
14 |
| writing cannot be read. However, ballots for use at the
|
15 |
| nonpartisan and consolidated elections may be printed on |
16 |
| different color
paper, except blue paper, whenever necessary or |
17 |
| desirable to facilitate
distinguishing between ballots for |
18 |
| different political subdivisions. In
the case of nonpartisan |
19 |
| elections for officers of a political
subdivision, unless the |
20 |
| statute or an ordinance adopted pursuant to
Article VII of the |
21 |
| Constitution providing the form of government
therefor |
22 |
| requires otherwise, the column listing such nonpartisan
|
23 |
| candidates shall be printed with no appellation or circle at |
24 |
| its head.
The party appellation or title, or the word |
25 |
| "independent" at the head of
any column provided for |
26 |
| independent candidates, shall be printed in letters not less |
|
|
|
HB1619 Engrossed |
- 10 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| than one-fourth of an inch in height
and a
circle one-half inch |
2 |
| in diameter shall be printed at the beginning of
the line in |
3 |
| which such appellation or title is printed, provided,
however, |
4 |
| that no such circle shall be printed at the head of any column
|
5 |
| or columns provided for such independent candidates. The names |
6 |
| of
candidates shall be printed in letters not less than |
7 |
| one-eighth
nor more than one-fourth of an inch in height, and |
8 |
| at the beginning of
each line in which a name of a candidate is |
9 |
| printed a square shall be
printed, the sides of which shall be |
10 |
| not less than one-fourth of an inch
in length. However, the |
11 |
| names of the candidates for Governor and
Lieutenant Governor on |
12 |
| the same ticket shall be printed within a bracket
and a single |
13 |
| square shall be printed in front of the bracket. The list
of |
14 |
| candidates of the several parties and any such list of |
15 |
| independent
candidates shall be placed in separate columns on |
16 |
| the ballot in such
order as the election authorities charged |
17 |
| with the printing of the
ballots shall decide; provided, that |
18 |
| the names of the candidates of the
several political parties, |
19 |
| certified by the State Board of Elections to
the several county |
20 |
| clerks shall be printed by the county clerk of the
proper |
21 |
| county on the official ballot in the order certified by the |
22 |
| State
Board of Elections. Any county clerk refusing, neglecting |
23 |
| or failing to
print on the official ballot the names of |
24 |
| candidates of the several
political parties in the order |
25 |
| certified by the State Board of
Elections, and any county clerk |
26 |
| who prints or causes to be printed upon
the official ballot the |
|
|
|
HB1619 Engrossed |
- 11 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| name of a candidate, for an office to be filled
by the Electors |
2 |
| of the entire State, whose name has not been duly
certified to |
3 |
| him upon a certificate signed by the State Board of
Elections |
4 |
| shall be guilty of a Class C misdemeanor.
|
5 |
| (b) When an electronic voting system is used which utilizes |
6 |
| a ballot
card,
on the inside flap of each ballot card envelope |
7 |
| there shall be printed
a form for write-in voting which shall |
8 |
| be substantially as follows:
|
9 |
| WRITE-IN VOTES
|
10 |
| (See card of instructions for specific information. |
11 |
| Duplicate form below
by hand for additional write-in votes.)
|
12 |
| _____________________________
|
13 |
| Title of Office
|
14 |
| ( ) ____________________________
|
15 |
| Name of Candidate
|
16 |
| (c) When an electronic voting system is used which uses a |
17 |
| ballot sheet,
the
instructions to voters on the ballot sheet |
18 |
| shall refer the voter to the
card of instructions for specific |
19 |
| information on write-in voting. A provision for the casting of |
20 |
| a write-in vote shall be made either (i) below each office |
21 |
| appearing on the ballot sheet or (ii) in the space following |
22 |
| all ballot questions, using the form for write-in voting set |
23 |
| forth in subsection (b).
Below
each office appearing on such |
24 |
| ballot sheet there shall be a provision for
the casting of a |
25 |
| write-in vote.
|
26 |
| (d) When such electronic system is used, there shall be |
|
|
|
HB1619 Engrossed |
- 12 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| printed on the
back of each ballot card, each ballot card |
2 |
| envelope, and
the first page of the ballot label when a ballot |
3 |
| label is used, the
words "Official Ballot," followed by the |
4 |
| number of the
precinct or other precinct identification, which |
5 |
| may be stamped, in lieu
thereof and, as applicable, the number |
6 |
| and name of the township, ward
or other election district for |
7 |
| which the ballot card, ballot card
envelope, and ballot label |
8 |
| are prepared, the date of the election and a
facsimile of the |
9 |
| signature of the election authority who has caused the
ballots |
10 |
| to be printed. The back of the ballot card shall also include
a |
11 |
| method of identifying the ballot configuration such as a |
12 |
| listing of the
political subdivisions and districts for which |
13 |
| votes may be cast on that
ballot, or a number code identifying |
14 |
| the ballot configuration or color coded
ballots, except that |
15 |
| where there is only one ballot configuration in a
precinct, the |
16 |
| precinct identification, and any applicable ward
|
17 |
| identification, shall be sufficient. Ballot card envelopes |
18 |
| used in punch
card systems shall be of paper through which no |
19 |
| writing or punches may be
discerned and shall be of sufficient |
20 |
| length to enclose all voting
positions. However, the election |
21 |
| authority may provide
ballot card envelopes on which no |
22 |
| precinct number or township, ward or
other election district |
23 |
| designation, or election date are preprinted, if
space and a |
24 |
| preprinted form are provided below the space provided for
the |
25 |
| names of write-in candidates where such information may be |
26 |
| entered
by the judges of election. Whenever an election |
|
|
|
HB1619 Engrossed |
- 13 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| authority utilizes
ballot card envelopes on which the election |
2 |
| date and precinct is not
preprinted, a judge of election shall |
3 |
| mark such information for the
particular precinct and election |
4 |
| on the envelope in ink before tallying
and counting any |
5 |
| write-in vote written thereon.
If some method of insuring |
6 |
| ballot secrecy other than an envelope is used,
such information |
7 |
| must be provided on the ballot itself.
|
8 |
| (e) In the designation of the name of a candidate on the |
9 |
| ballot, the
candidate's given name or names, initial or |
10 |
| initials, a nickname by
which the candidate is commonly known, |
11 |
| or a combination thereof, may be
used in addition to the |
12 |
| candidate's surname. If a candidate has changed his or her |
13 |
| name, whether by a statutory or common law procedure in |
14 |
| Illinois or any other jurisdiction, within 3 years before the |
15 |
| last day for filing the petition for nomination, nomination |
16 |
| papers, or certificate of nomination for that office, whichever |
17 |
| is applicable, then (i) the candidate's name on the ballot must |
18 |
| be followed by "formerly known as (list all prior names during |
19 |
| the 3-year period) until name changed on (list date of each |
20 |
| such name change)" and (ii) the petition, papers, or |
21 |
| certificate must be accompanied by the candidate's affidavit |
22 |
| stating the candidate's previous names during the period |
23 |
| specified in (i) and the date or dates each of those names was |
24 |
| changed; failure to meet these requirements shall be grounds |
25 |
| for denying certification of the candidate's name for the |
26 |
| ballot or removing the candidate's name from the ballot, as |
|
|
|
HB1619 Engrossed |
- 14 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| appropriate, but these requirements do not apply to name |
2 |
| changes resulting from adoption to assume an adoptive parent's |
3 |
| or parents' surname, marriage to assume a spouse's surname, or |
4 |
| dissolution of marriage or declaration of invalidity of |
5 |
| marriage to assume a former surname. No other designation such
|
6 |
| as a political slogan, title, or degree or nickname suggesting |
7 |
| or
implying possession of a
title, degree or professional |
8 |
| status, or similar information may be used
in connection with |
9 |
| the candidate's surname.
For purposes of this Section, a |
10 |
| "political slogan" is defined as any
word or words expressing |
11 |
| or connoting a position, opinion, or belief that the
candidate |
12 |
| may espouse, including but not limited to, any word or words
|
13 |
| conveying any meaning other than that of the personal identity |
14 |
| of the
candidate. A
candidate may not use a political slogan as |
15 |
| part of his or her name on the
ballot, notwithstanding that the |
16 |
| political slogan may be part of the
candidate's name.
|
17 |
| (f) The State Board of Elections, a local election |
18 |
| official, or an
election
authority shall remove any candidate's |
19 |
| name designation from a ballot that is
inconsistent with |
20 |
| subsection (e) of this Section. In addition, the State Board
of |
21 |
| Elections, a local election official, or an election authority |
22 |
| shall not
certify to any election authority any candidate name |
23 |
| designation that is
inconsistent with subsection (e) of this |
24 |
| Section.
|
25 |
| (g) If the State Board of Elections, a local election |
26 |
| official, or an
election
authority removes a candidate's name |
|
|
|
HB1619 Engrossed |
- 15 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| designation from a ballot under
subsection (f) of this Section, |
2 |
| then the aggrieved candidate may seek
appropriate relief in |
3 |
| circuit court.
|
4 |
| Where voting machines or electronic voting systems are |
5 |
| used, the
provisions of this Section may be modified as |
6 |
| required or authorized by
Article 24 or Article 24A, whichever |
7 |
| is applicable.
|
8 |
| Nothing in this Section shall prohibit election |
9 |
| authorities from using
or reusing ballot card envelopes which |
10 |
| were printed before the effective
date of this amendatory Act |
11 |
| of 1985.
|
12 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
|
13 |
| (10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
|
14 |
| Sec. 17-16.1. Write-in votes shall be counted only for |
15 |
| persons who have
filed notarized declarations of intent to be |
16 |
| write-in candidates with
the proper election authority or |
17 |
| authorities not later than 5:00 p.m. on
the
Tuesday immediately |
18 |
| preceding the election.
|
19 |
| Forms for the declaration of intent to be a write-in |
20 |
| candidate shall
be supplied by the election authorities. Such |
21 |
| declaration shall specify
the office for which the person seeks |
22 |
| election as a write-in candidate.
|
23 |
| The election authority or authorities shall deliver a list |
24 |
| of all persons
who have filed such declarations to the election |
25 |
| judges in the appropriate
precincts prior to the election.
|
|
|
|
HB1619 Engrossed |
- 16 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| A candidate for whom a nomination paper has been filed as a |
2 |
| partisan
candidate at a primary election, and who is defeated |
3 |
| for his or her
nomination at the primary election is ineligible |
4 |
| to file a declaration of
intent to be a write-in candidate for |
5 |
| election in that general or consolidated
election.
|
6 |
| A candidate seeking election to an office for which |
7 |
| candidates of
political parties are nominated by caucus who is |
8 |
| a participant in the
caucus and who is defeated for his or her |
9 |
| nomination at such caucus is
ineligible to file a declaration |
10 |
| of intent to be a write-in candidate for
election in that |
11 |
| general or consolidated election.
|
12 |
| A candidate seeking election to an office for which |
13 |
| candidates are
nominated at a primary election on a nonpartisan |
14 |
| basis and who is defeated
for his or her nomination at the |
15 |
| primary election is ineligible to file a
declaration of intent |
16 |
| to be a write-in candidate for election in that
general or |
17 |
| consolidated election.
|
18 |
| When a ballot is otherwise validly marked for a candidate |
19 |
| whose name is printed on the ballot, any write-in vote or votes |
20 |
| for that or any other candidate for that office shall be void |
21 |
| if counting the write-in vote or votes would result in the |
22 |
| voter over-voting with respect to that office.
|
23 |
| Nothing in this Section shall be construed to apply to |
24 |
| votes
cast under the provisions of subsection (b) of Section |
25 |
| 16-5.01.
|
26 |
| (Source: P.A. 89-653, eff. 8-14-96.)
|
|
|
|
HB1619 Engrossed |
- 17 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| (10 ILCS 5/18-9.1) (from Ch. 46, par. 18-9.1)
|
2 |
| Sec. 18-9.1. Write-in votes shall be counted only for |
3 |
| persons who have
filed notarized declarations of intent to be |
4 |
| write-in candidates with
the proper election authority or |
5 |
| authorities not later than 5:00 p.m. on
the
Tuesday immediately |
6 |
| preceding the election.
|
7 |
| Forms for the declaration of intent to be a write-in |
8 |
| candidate shall
be supplied by the election authorities. Such |
9 |
| declaration shall specify
the office for which the person seeks |
10 |
| election as a write-in candidate.
|
11 |
| The election authority or authorities shall deliver a list |
12 |
| of all persons
who have filed such declarations to the election |
13 |
| judges in the appropriate
precincts prior to the election.
|
14 |
| A candidate for whom a nomination paper has been filed as a |
15 |
| partisan
candidate at a primary election, and who is defeated |
16 |
| for his or her
nomination at the primary election, is |
17 |
| ineligible to file a declaration of
intent to be a write-in |
18 |
| candidate for election in that general or
consolidated |
19 |
| election.
|
20 |
| A candidate seeking election to an office for which |
21 |
| candidates of
political parties are nominated by caucus who is |
22 |
| a participant in the
caucus and who is defeated for his or her |
23 |
| nomination at such caucus is
ineligible to file a declaration |
24 |
| of intent to be a write-in candidate for
election in that |
25 |
| general or consolidated election.
|
|
|
|
HB1619 Engrossed |
- 18 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| A candidate seeking election to an office for which |
2 |
| candidates are
nominated at a primary election on a nonpartisan |
3 |
| basis and who is defeated
for his or her nomination at the |
4 |
| primary election is ineligible to file a
declaration of intent |
5 |
| to be a write-in candidate for election in that
general or |
6 |
| consolidated election.
|
7 |
| When a ballot is otherwise validly marked for a candidate |
8 |
| whose name is printed on the ballot, any write-in vote or votes |
9 |
| for that or any other candidate for that office shall be void |
10 |
| if counting the write-in vote or votes would result in the |
11 |
| voter over-voting with respect to that office.
|
12 |
| Nothing in this Section shall be construed to apply to |
13 |
| votes
cast under the provisions of subsection (b) of Section |
14 |
| 16-5.01.
|
15 |
| (Source: P.A. 89-653, eff. 8-14-96.)
|
16 |
| (10 ILCS 5/19-8) (from Ch. 46, par. 19-8)
|
17 |
| Sec. 19-8. Time and place of counting ballots. |
18 |
| (a) (Blank.) |
19 |
| (b) Each absent voter's ballot returned to an election |
20 |
| authority, by any means authorized by this Article, and |
21 |
| received by that election authority before the closing of the |
22 |
| polls on election day shall be endorsed by the receiving |
23 |
| election authority with the day and hour of receipt and shall |
24 |
| be counted in the central ballot counting location of the |
25 |
| election authority on the day of the election after 7:00 p.m., |
|
|
|
HB1619 Engrossed |
- 19 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| except as provided in subsections (g) and (g-5).
|
2 |
| (c) Each absent voter's ballot that is mailed to an |
3 |
| election authority and postmarked by the midnight preceding the |
4 |
| opening of the polls on election day, but that is received by |
5 |
| the election authority after the polls close on election day |
6 |
| and before the close of the period for counting provisional |
7 |
| ballots cast at that election, shall be endorsed by the |
8 |
| receiving authority with the day and hour of receipt and shall |
9 |
| be counted at the central ballot counting location of the |
10 |
| election authority during the period for counting provisional |
11 |
| ballots. |
12 |
| (d) Special write-in absentee voter's blank ballots |
13 |
| returned to an election authority, by any means authorized by |
14 |
| this Article, and received by the election authority at any |
15 |
| time before the closing of the polls on election day shall be |
16 |
| endorsed by the receiving election authority with the day and |
17 |
| hour of receipt and shall be counted at the central ballot |
18 |
| counting location of the election authority during the same |
19 |
| period provided for counting absent voters' ballots under |
20 |
| subsections (b), (g), and (g-5). Special write-in absentee |
21 |
| voter's blank ballots that are mailed to an election authority |
22 |
| and postmarked by the midnight preceding the opening of the |
23 |
| polls on election day, but that are received by the election |
24 |
| authority after the polls close on election day and before the |
25 |
| closing of the period for counting provisional ballots cast at |
26 |
| that election, shall be endorsed by the receiving authority |
|
|
|
HB1619 Engrossed |
- 20 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| with the day and hour of receipt and shall be counted at the |
2 |
| central ballot counting location of the election authority |
3 |
| during the same periods provided for counting absent voters' |
4 |
| ballots under subsection (c). |
5 |
| (e) Except as otherwise provided in this Section, absent |
6 |
| voters' ballots and special write-in absentee voter's blank |
7 |
| ballots received by the election authority after the closing of |
8 |
| the polls on an
election day shall be endorsed by the election |
9 |
| authority receiving them
with the day and hour of receipt and |
10 |
| shall be safely kept unopened by the
election authority for the |
11 |
| period of time required for the preservation of
ballots used at |
12 |
| the election, and shall then, without being opened, be
|
13 |
| destroyed in like manner as the used ballots of that election.
|
14 |
| (f) Counting required under this Section to begin on |
15 |
| election day after the closing of the polls shall commence no |
16 |
| later than 8:00 p.m. and shall be conducted
by a panel or |
17 |
| panels of election judges appointed in the manner provided
by |
18 |
| law. The counting shall continue until all absent voters' |
19 |
| ballots and special write-in absentee voter's blank ballots |
20 |
| required to be counted on election day have been counted.
|
21 |
| (g) The procedures set forth in Articles 17 and
18 of this |
22 |
| Code shall apply to all ballots counted under
this Section. In |
23 |
| addition, within 2 days after an absentee ballot, other than an |
24 |
| in-person absentee ballot, is received, but in all cases before |
25 |
| the close of the period for counting provisional ballots, the |
26 |
| election judge or official shall compare the voter's signature |
|
|
|
HB1619 Engrossed |
- 21 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| on the certification envelope of that absentee ballot with the |
2 |
| signature of the voter on file in the office of the election |
3 |
| authority. If the election judge or official determines that |
4 |
| the 2 signatures match, and that the absentee voter is |
5 |
| otherwise qualified to cast an absentee ballot, the election |
6 |
| authority shall cast and count the ballot on election day or |
7 |
| the day the ballot is determined to be valid, whichever is |
8 |
| later, adding the results to the precinct in which the voter is |
9 |
| registered. If the election judge or official determines that |
10 |
| the signatures do not match, or that the absentee voter is not |
11 |
| qualified to cast an absentee ballot, then without opening the |
12 |
| certification envelope, the judge or official shall mark across |
13 |
| the face of the certification envelope the word "Rejected" and |
14 |
| shall not cast or count the ballot. |
15 |
| In addition to the voter's signatures not matching, an |
16 |
| absentee ballot may be rejected by the election judge or |
17 |
| official: |
18 |
| (1) if the ballot envelope is open or has been opened |
19 |
| and resealed; |
20 |
| (2) if the voter has already cast an early or grace |
21 |
| period ballot; |
22 |
| (3) if the voter voted in person on election day or the |
23 |
| voter is not a duly registered voter in the precinct; or |
24 |
| (4) on any other basis set forth in this Code. |
25 |
| If the election judge or official determines that any of |
26 |
| these reasons apply, the judge or official shall mark across |
|
|
|
HB1619 Engrossed |
- 22 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| the face of the certification envelope the word "Rejected" and |
2 |
| shall not cast or count the ballot.
|
3 |
| (g-5) If an absentee ballot, other than an in-person |
4 |
| absentee ballot, is rejected by the election judge or official |
5 |
| for any reason, the election authority shall, within 2 days |
6 |
| after the rejection but in all cases before the close of the |
7 |
| period for counting provisional ballots, notify the absentee |
8 |
| voter that his or her ballot was rejected. The notice shall |
9 |
| inform the voter of the reason or reasons the ballot was |
10 |
| rejected and shall state that the voter may appear before the |
11 |
| election authority, on or before the 14th day after the |
12 |
| election, to show cause as to why the ballot should not be |
13 |
| rejected. The voter may present evidence to the election |
14 |
| authority supporting his or her contention that the ballot |
15 |
| should be counted. The election authority shall appoint a panel |
16 |
| of 3 election judges to review the contested ballot, |
17 |
| application, and certification envelope, as well as any |
18 |
| evidence submitted by the absentee voter. No more than 2 |
19 |
| election judges on the reviewing panel shall be of the same |
20 |
| political party. The reviewing panel of election judges shall |
21 |
| make a final determination as to the validity of the contested |
22 |
| absentee ballot. The judges' determination shall not be |
23 |
| reviewable either administratively or judicially. |
24 |
| An absentee ballot subject to this subsection that is |
25 |
| determined to be valid shall be counted before the close of the |
26 |
| period for counting provisional ballots.
|
|
|
|
HB1619 Engrossed |
- 23 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| (g-8) When an absentee ballot is otherwise validly marked |
2 |
| for a candidate whose name is printed on the ballot, any |
3 |
| write-in vote or votes for that or any other candidate for that |
4 |
| office shall be void if counting the write-in vote or votes |
5 |
| would result in the voter over-voting with respect to that |
6 |
| office.
|
7 |
| (g-10) All absentee ballots determined to be valid shall be |
8 |
| added to the vote totals for the precincts for which they were |
9 |
| cast in the order in which the ballots were opened.
|
10 |
| (h) Each political party, candidate, and qualified civic |
11 |
| organization shall be entitled to have present one pollwatcher |
12 |
| for each panel of election judges therein assigned.
|
13 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
|
14 |
| (10 ILCS 5/20-8) (from Ch. 46, par. 20-8)
|
15 |
| Sec. 20-8. Time and place of counting ballots. |
16 |
| (a) (Blank.) |
17 |
| (b) Each absent voter's ballot returned to an election |
18 |
| authority, by any means authorized by this Article, and |
19 |
| received by that election authority before the closing of the |
20 |
| polls on election day shall be endorsed by the receiving |
21 |
| election authority with the day and hour of receipt and shall |
22 |
| be counted in the central ballot counting location of the |
23 |
| election authority on the day of the election after 7:00 p.m., |
24 |
| except as provided in subsections (g) and (g-5).
|
25 |
| (c) Each absent voter's ballot that is mailed to an |
|
|
|
HB1619 Engrossed |
- 24 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| election authority and postmarked by the midnight preceding the |
2 |
| opening of the polls on election day, but that is received by |
3 |
| the election authority after the polls close on election day |
4 |
| and before the close of the period for counting provisional |
5 |
| ballots cast at that election, shall be endorsed by the |
6 |
| receiving authority with the day and hour of receipt and shall |
7 |
| be counted at the central ballot counting location of the |
8 |
| election authority during the period for counting provisional |
9 |
| ballots. |
10 |
| (d) Special write-in absentee voter's blank ballots |
11 |
| returned to an election authority, by any means authorized by |
12 |
| this Article, and received by the election authority at any |
13 |
| time before the closing of the polls on election day shall be |
14 |
| endorsed by the receiving election authority with the day and |
15 |
| hour of receipt and shall be counted at the central ballot |
16 |
| counting location of the election authority during the same |
17 |
| period provided for counting absent voters' ballots under |
18 |
| subsections (b), (g), and (g-5). Special write-in absentee |
19 |
| voter's blank ballot that are mailed to an election authority |
20 |
| and postmarked by midnight preceding the opening of the polls |
21 |
| on election day, but that are received by the election |
22 |
| authority after the polls close on election day and before the |
23 |
| closing of the period for counting provisional ballots cast at |
24 |
| that election, shall be endorsed by the receiving authority |
25 |
| with the day and hour of receipt and shall be counted at the |
26 |
| central ballot counting location of the election authority |
|
|
|
HB1619 Engrossed |
- 25 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| during the same periods provided for counting absent voters' |
2 |
| ballots under subsection (c).
|
3 |
| (e) Except as otherwise provided in this Section, absent |
4 |
| voters' ballots and special write-in absentee voter's blank |
5 |
| ballots received by the election authority after the closing of |
6 |
| the polls on the day of election shall be
endorsed by the |
7 |
| person receiving the ballots with the day and hour of
receipt |
8 |
| and shall be safely kept unopened by the election authority for
|
9 |
| the period of time required for the preservation of ballots |
10 |
| used at the
election, and shall then, without being opened, be |
11 |
| destroyed in like
manner as the used ballots of that election.
|
12 |
| (f) Counting required under this Section to begin on |
13 |
| election day after the closing of the polls shall commence no |
14 |
| later than 8:00 p.m. and shall be conducted
by a panel or |
15 |
| panels of election judges appointed in the manner provided
by |
16 |
| law. The counting shall continue until all absent voters' |
17 |
| ballots and special write-in absentee voter's blank ballots |
18 |
| required to be counted on election day have been counted.
|
19 |
| (g) The procedures set forth in Articles 17 and
18 of this |
20 |
| Code shall apply to all ballots counted under
this Section. In |
21 |
| addition, within 2 days after a ballot subject to this Article |
22 |
| is received, but in all cases before the close of the period |
23 |
| for counting provisional ballots, the election judge or |
24 |
| official shall compare the voter's signature on the |
25 |
| certification envelope of that ballot with the signature of the |
26 |
| voter on file in the office of the election authority. If the |
|
|
|
HB1619 Engrossed |
- 26 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| election judge or official determines that the 2 signatures |
2 |
| match, and that the voter is otherwise qualified to cast a |
3 |
| ballot under this Article, the election authority shall cast |
4 |
| and count the ballot on election day or the day the ballot is |
5 |
| determined to be valid, whichever is later, adding the results |
6 |
| to the precinct in which the voter is registered. If the |
7 |
| election judge or official determines that the signatures do |
8 |
| not match, or that the voter is not qualified to cast a ballot |
9 |
| under this Article, then without opening the certification |
10 |
| envelope, the judge or official shall mark across the face of |
11 |
| the certification envelope the word "Rejected" and shall not |
12 |
| cast or count the ballot. |
13 |
| In addition to the voter's signatures not matching, a |
14 |
| ballot subject to this Article may be rejected by the election |
15 |
| judge or official: |
16 |
| (1) if the ballot envelope is open or has been opened |
17 |
| and resealed; |
18 |
| (2) if the voter has already cast an early or grace |
19 |
| period ballot; |
20 |
| (3) if the voter voted in person on election day or the |
21 |
| voter is not a duly registered voter in the precinct; or |
22 |
| (4) on any other basis set forth in this Code. |
23 |
| If the election judge or official determines that any of |
24 |
| these reasons apply, the judge or official shall mark across |
25 |
| the face of the certification envelope the word "Rejected" and |
26 |
| shall not cast or count the ballot. |
|
|
|
HB1619 Engrossed |
- 27 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| (g-5) If a ballot subject to this Article is rejected by |
2 |
| the election judge or official for any reason, the election |
3 |
| authority shall, within 2 days after the rejection but in all |
4 |
| cases before the close of the period for counting provisional |
5 |
| ballots, notify the voter that his or her ballot was rejected. |
6 |
| The notice shall inform the voter of the reason or reasons the |
7 |
| ballot was rejected and shall state that the voter may appear |
8 |
| before the election authority, on or before the 14th day after |
9 |
| the election, to show cause as to why the ballot should not be |
10 |
| rejected. The voter may present evidence to the election |
11 |
| authority supporting his or her contention that the ballot |
12 |
| should be counted. The election authority shall appoint a panel |
13 |
| of 3 election judges to review the contested ballot, |
14 |
| application, and certification envelope, as well as any |
15 |
| evidence submitted by the absentee voter. No more than 2 |
16 |
| election judges on the reviewing panel shall be of the same |
17 |
| political party. The reviewing panel of election judges shall |
18 |
| make a final determination as to the validity of the contested |
19 |
| ballot. The judges' determination shall not be reviewable |
20 |
| either administratively or judicially. |
21 |
| A ballot subject to this subsection that is determined to |
22 |
| be valid shall be counted before the close of the period for |
23 |
| counting provisional ballots. |
24 |
| (g-8) When an absentee ballot is otherwise validly marked |
25 |
| for a candidate whose name is printed on the ballot, any |
26 |
| write-in vote or votes for that or any other candidate for that |
|
|
|
HB1619 Engrossed |
- 28 - |
LRB095 08861 JAM 29047 b |
|
|
1 |
| office shall be void if counting the write-in vote or votes |
2 |
| would result in the voter over-voting with respect to that |
3 |
| office.
|
4 |
| (g-10) All ballots determined to be valid shall be added to |
5 |
| the vote totals for the precincts for which they were cast in |
6 |
| the order in which the ballots were opened.
|
7 |
| (h) Each political party,
candidate, and qualified civic |
8 |
| organization shall be entitled to have
present one pollwatcher |
9 |
| for each panel of election judges therein assigned.
|
10 |
| (Source: P.A. 94-557, eff. 8-12-05; 94-1000, eff. 7-3-06.)
|
11 |
| Section 95. No acceleration or delay. Where this Act makes |
12 |
| changes in a statute that is represented in this Act by text |
13 |
| that is not yet or no longer in effect (for example, a Section |
14 |
| represented by multiple versions), the use of that text does |
15 |
| not accelerate or delay the taking effect of (i) the changes |
16 |
| made by this Act or (ii) provisions derived from any other |
17 |
| Public Act.
|