102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB2851

 

Introduced 2/19/2021, by Rep. Daniel Didech

 

SYNOPSIS AS INTRODUCED:
 
New Act
10 ILCS 5/21-1  from Ch. 46, par. 21-1
10 ILCS 5/21-2  from Ch. 46, par. 21-2
10 ILCS 5/21-3  from Ch. 46, par. 21-3
10 ILCS 5/21-4  from Ch. 46, par. 21-4
10 ILCS 5/21-5 rep.

    Creates the Uniform Faithful Presidential Electors Act. Concerning electors for the Electoral College, provides for an alternate elector to fill a vacant position (replacing the procedure currently in the Election Code), including if an elector has marked a ballot in violation of his or her pledge. Requires a political party to submit an elector nominee and an alternate elector nominee to the Secretary of State. Requires an elector nominee and an alternate elector nominee to pledge to vote for the President and Vice President nominees of the party that nominated the elector and alternate elector. Makes conforming changes in the Election Code. Effective immediately.


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A BILL FOR

 

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1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Uniform Faithful Presidential Electors Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Cast" means accepted by the Secretary of State in
8accordance with subsection (b) of Section 30.
9    "Elector" means an individual selected as a presidential
10elector under Article 21 of the Election Code and this Act.
11    "President" means the President of the United States.
12    "Unaffiliated presidential candidate" means a candidate
13for President who qualifies for the general election ballot in
14this State by means other than nomination by a political
15party.
16    "Vice President" means the Vice President of the United
17States.
 
18    Section 10. Designation of State's electors. For each
19elector position in this State, a political party contesting
20the position, or an unaffiliated presidential candidate, shall
21submit to the Secretary of State the names of 2 qualified
22individuals in accordance with Article 21 of the Election

 

 

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1Code. One of the individuals must be designated "elector
2nominee" and the other "alternate elector nominee". Except as
3otherwise provided in Sections 20 through 35 of this Act, this
4State's electors are the winning elector nominees under the
5laws of this State.
 
6    Section 15. Pledge. Each elector nominee and alternate
7elector nominee of a political party shall execute the
8following pledge: "If selected for the position of elector, I
9agree to serve and to mark my ballots for President and Vice
10President for the nominees for those offices of the party that
11nominated me.". Each elector nominee and alternate elector
12nominee of an unaffiliated presidential candidate shall
13execute the following pledge: "If selected for the position of
14elector as a nominee of an unaffiliated presidential
15candidate, I agree to serve and to mark my ballots for that
16candidate and for that candidate's vice-presidential running
17mate.". The executed pledges must accompany the submission of
18the corresponding names to the Secretary of State.
 
19    Section 20. Certification of electors. In submitting this
20State's certificate of ascertainment as required by 3 U.S.C.
216, the Governor shall certify this State's electors and state
22in the certificate that:
23        (1) the electors will serve as electors unless a
24    vacancy occurs in the office of elector before the end of

 

 

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1    the meeting at which elector votes are cast, in which case
2    an alternate elector will fill the vacancy; and
3        (2) if an alternate elector is appointed to fill a
4    vacancy, the Governor will submit an amended certificate
5    of ascertainment stating the names on the final list of
6    this State's electors.
 
7    Section 25. Presiding officer; elector vacancy.
8    (a) The Secretary of State shall preside at the meeting of
9electors described in Section 30.
10    (b) The position of an elector not present to vote is
11vacant. The Secretary of State shall appoint an individual as
12an alternate elector to fill a vacancy as follows:
13        (1) if the alternate elector is present to vote, by
14    appointing the alternate elector for the vacant position;
15        (2) if the alternate elector for the vacant position
16    is not present to vote, by appointing an elector chosen by
17    lot from among the alternate electors present to vote who
18    were nominated by the same political party or unaffiliated
19    presidential candidate;
20        (3) if the number of alternate electors present to
21    vote is insufficient to fill any vacant position pursuant
22    to paragraphs (1) and (2), by appointing any immediately
23    available individual who is qualified to serve as an
24    elector and chosen through nomination by and plurality
25    vote of the remaining electors, including nomination and

 

 

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1    vote by a single elector if only one remains;
2        (4) if there is a tie between at least 2 nominees for
3    alternate elector in a vote conducted under paragraph (3),
4    by appointing an elector chosen by lot from among those
5    nominees; or
6        (5) if all elector positions are vacant and cannot be
7    filled pursuant to paragraphs (1) through (4), by
8    appointing a single presidential elector, with remaining
9    vacant positions to be filled under paragraph (3) and, if
10    necessary, paragraph (4).
11    (c) To qualify as an alternate elector under subsection
12(b) of this Section, an individual who has not executed the
13pledge required under Section 15 shall execute the following
14pledge: "I agree to serve and to mark my ballots for President
15and Vice President consistent with the pledge of the
16individual to whose elector position I have succeeded.".
 
17    Section 30. Elector voting.
18    (a) At the time designated for elector voting and after
19all vacant positions have been filled under Section 25, the
20Secretary of State shall provide each elector with a
21presidential and a vice-presidential ballot. The elector shall
22mark the elector's presidential and vice-presidential ballots
23with the elector's votes for the offices of President and Vice
24President, respectively, along with the elector's signature
25and the elector's legibly printed name.

 

 

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1    (b) Except as otherwise provided by law of this State
2other than this Act, each elector shall present both completed
3ballots to the Secretary of State, who shall examine the
4ballots and accept as cast all ballots of electors whose votes
5are consistent with their pledges executed under Section 15 or
6subsection (c) of Section 25. Except as otherwise provided by
7law of this State other than this Act, the Secretary of State
8may not accept and may not count either an elector's
9presidential or vice-presidential ballot if the elector has
10not marked both ballots or has marked a ballot in violation of
11the elector's pledge.
12    (c) An elector who refuses to present a ballot, presents
13an unmarked ballot, or presents a ballot marked in violation
14of the elector's pledge executed under Section 15 or
15subsection (c) of Section 25 vacates the office of elector,
16creating a vacant position to be filled under Section 25.
17    (d) The Secretary of State shall distribute ballots to and
18collect ballots from an alternate elector and repeat the
19process under this Section of examining ballots, declaring and
20filling vacant positions as required, and recording
21appropriately completed ballots from the alternate electors,
22until all of this State's electoral votes have been cast and
23recorded.
 
24    Section 35. Elector replacement; associated certificates.
25    (a) After the vote of this State's electors is completed,

 

 

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1if the final list of electors differs from any list that the
2Governor previously included on a certificate of ascertainment
3prepared and transmitted under 3 U.S.C. 6, the Secretary of
4State immediately shall prepare an amended certificate of
5ascertainment and transmit it to the Governor for the
6Governor's signature.
7    (b) The Governor immediately shall deliver the signed
8amended certificate of ascertainment to the Secretary of State
9and a signed duplicate original of the amended certificate of
10ascertainment to all individuals entitled to receive this
11State's certificate of ascertainment, indicating that the
12amended certificate of ascertainment is to be substituted for
13the certificate of ascertainment previously submitted.
14    (c) The Secretary of State shall prepare a certificate of
15vote. The electors on the final list shall sign the
16certificate of vote. The Secretary of State shall process and
17transmit the signed certificate of vote with the amended
18certificate of ascertainment under 3 U.S.C. Sections 9, 10,
19and 11.
 
20    Section 40. Uniformity of application and construction. In
21applying and construing this uniform Act, consideration must
22be given to the need to promote uniformity of the law with
23respect to its subject matter among states that enact it.
 
24    Section 100. The Election Code is amended by changing

 

 

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1Sections 21-1, 21-2, 21-3 and 21-4 as follows:
 
2    (10 ILCS 5/21-1)  (from Ch. 46, par. 21-1)
3    Sec. 21-1. Choosing and election of electors of President
4and Vice-President of the United States shall be in the
5following manner:
6    (a) In each year in which a President and Vice-President
7of the United States are chosen, each political party or group
8in this State shall choose by its State Convention or State
9central committee electors and alternate electors of President
10and Vice-President of the United States and such State
11Convention or State central committee of such party or group
12shall also choose electors at large and alternate electors at
13large, if any are to be appointed for this State and such State
14Convention or State central committee of such party or group
15shall by its chair and secretary certify the total list of such
16electors and alternate electors together with electors at
17large and alternate electors at large so chosen to the State
18Board of Elections.
19    The filing of such certificate with the Board, of such
20choosing of electors and alternate electors shall be deemed
21and taken to be the choosing and selection of the electors and
22alternate electors of this State, if such party or group is
23successful at the polls as herein provided in choosing their
24candidates for President and Vice-President of the United
25States.

 

 

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1    (b) The names of the candidates of the several political
2parties or groups for electors and alternate electors of
3President and Vice-President shall not be printed on the
4official ballot to be voted in the election to be held on the
5day in this Act above named. In lieu of the names of the
6candidates for such electors and alternate electors of
7President and Vice-President, immediately under the
8appellation of party name of a party or group in the column of
9its candidates on the official ballot, to be voted at said
10election first above named in subsection (1) of Section 2A-1.2
11and Section 2A-2, there shall be printed within a bracket the
12name of the candidate for President and the name of the
13candidate for Vice-President of such party or group with a
14square to the left of such bracket. Each voter in this State
15from the several lists or sets of electors and alternate
16electors so chosen and selected by the said respective
17political parties or groups, may choose and elect one of such
18lists or sets of electors and alternate electors by placing a
19cross in the square to the left of the bracket aforesaid of one
20of such parties or groups. Placing a cross within the square
21before the bracket enclosing the names of President and
22Vice-President shall not be deemed and taken as a direct vote
23for such candidates for President and Vice-President, or
24either of them, but shall only be deemed and taken to be a vote
25for the entire list or set of electors and alternate electors
26chosen by that political party or group so certified to the

 

 

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1State Board of Elections as herein provided. Voting by means
2of placing a cross in the appropriate place preceding the
3appellation or title of the particular political party or
4group, shall not be deemed or taken as a direct vote for the
5candidates for President and Vice-President, or either of
6them, but instead to the Presidential vote, as a vote for the
7entire list or set of electors and alternate electors chosen
8by that political party or group so certified to the State
9Board of Elections as herein provided.
10    (c) Such certification by the respective political parties
11or groups in this State of electors and alternate electors of
12President and Vice-President shall be made to the State Board
13of Elections within 2 days after such State convention or
14meeting of the State central committee in which the electors
15and alternate electors were chosen.
16    (d) Should more than one certificate of choice and
17selection of electors and alternate electors of the same
18political party or group be filed by contesting conventions or
19contesting groups, it shall be the duty of the State Board of
20Elections within 10 days after the adjournment of the last of
21such conventions to meet and determine which set of nominees
22for electors and alternate electors of such party or group was
23chosen and selected by the authorized convention of such party
24or group. The Board, after notice to the chair and secretaries
25or managers of the conventions or groups and after a hearing
26shall determine which set of electors and alternate electors

 

 

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1was so chosen by the authorized convention and shall so
2announce and publish the fact, and such decision shall be
3final and the set of electors and alternate electors so
4determined upon by the electoral board to be so chosen shall be
5the list or set of electors and alternate electors to be deemed
6elected if that party shall be successful at the polls, as
7herein provided.
8    (e) Should a vacancy occur in the choice of an elector in a
9congressional district, such vacancy may be filled by the
10executive committee of the party or group for such
11congressional district, to be certified by such committee to
12the State Board of Elections. Should a vacancy occur in the
13office of elector at large, such vacancy shall be filled in
14accordance with Section 25 of the Uniform Faithful
15Presidential Electors Act. by the State committee of such
16political party or group, and certified by it to the State
17Board of Elections.
18(Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19.)
 
19    (10 ILCS 5/21-2)  (from Ch. 46, par. 21-2)
20    Sec. 21-2. The county clerks of the several counties
21shall, within 21 days next after holding the election named in
22subsection (1) of Section 2A-1.2 and Section 2A-2, make 2
23copies of the abstract of the votes cast for electors and
24alternate electors by each political party or group, as
25indicated by the voter, as aforesaid, by a cross in the square

 

 

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1to the left of the bracket aforesaid, or as indicated by a
2cross in the appropriate place preceding the appellation or
3title of the particular political party or group, and transmit
4by mail one of the copies to the office of the State Board of
5Elections and retain the other in his office, to be sent for by
6the electoral board in case the other should be mislaid.
7Within 31 days after the holding of such election, and sooner
8if all the returns are received by the State Board of
9Elections, the State Board of Elections shall proceed to open
10and canvass said election returns and to declare which set of
11candidates for President and Vice-President received, as
12aforesaid, the highest number of votes cast at such election
13as aforesaid; and the electors and alternate electors of that
14party whose candidates for President and Vice-President
15received the highest number of votes so cast shall be taken and
16deemed to be elected as electors and alternate electors of
17President and Vice-President, but should 2 or more sets of
18candidates for President and Vice-President be returned with
19an equal and the highest vote, the State Board of Elections
20shall cause a notice of the same to be published, which notice
21shall name some day and place, not less than 5 days from the
22time of such publication of such notice, upon which the State
23Board of Elections will decide by lot which of the sets of
24candidates for President and Vice-President so equal and
25highest shall be declared to be highest. And upon the day and
26at the place so appointed in the notice, the board shall so

 

 

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1decide by lot and declare which is deemed highest of the sets
2of candidates for President and Vice-President so equal and
3highest, thereby determining only that the electors and
4alternate electors chosen as aforesaid by such candidates'
5party or group are thereby elected by general ticket to be such
6electors and alternate electors.
7(Source: P.A. 100-863, eff. 8-14-18.)
 
8    (10 ILCS 5/21-3)  (from Ch. 46, par. 21-3)
9    Sec. 21-3. Within five days after the votes shall have
10been canvassed and the results declared or the result declared
11by lot as provided for in Section 21-2 above, the Governor
12shall cause the result of said election to be published, and
13shall proclaim the persons electors and alternate electors of
14President and Vice-President so chosen composing the list so
15elected, by transmitting by mail to the several persons so
16chosen and composing the list or set elected, electors of
17President and Vice-President certificates in triplicate, under
18the Seal of State of their appointment, and shall also
19transmit under the Seal of State to the Secretary of State of
20the United States the certificate of the election of said
21electors and alternate electors as required by the laws of
22Congress.
23(Source: Laws 1943, vol. 2, p. 1.)
 
24    (10 ILCS 5/21-4)  (from Ch. 46, par. 21-4)

 

 

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1    Sec. 21-4. Presidential electors; meeting; allowance. The
2electors and alternate electors, elected under this Article,
3shall meet at the office of the Secretary of State in a room to
4be designated by the Secretary in the Capitol at Springfield
5in this State, at the time appointed by the laws of the United
6States at the hour of ten o'clock in the forenoon of that day,
7and give their votes for President and for Vice-President of
8the United States, in the manner provided by the Uniform
9Faithful Presidential Electors Act in this Article, and
10perform such duties as are or may be required by law. Each
11elector and alternate elector shall receive an allowance for
12food and lodging equal to the amount per day permitted to be
13deducted for such expenses under the Internal Revenue Code,
14plus a mileage allowance at the rate in effect under
15regulations promulgated pursuant to 5 U.S.C. 5707(b)(2) for
16the number of highway miles necessarily and conveniently
17traveled, for going to the seat of government to give his or
18her vote and returning to his or her residence and otherwise
19performing the official duties of an elector and alternate
20elector, to be paid on the warrant of the State Comptroller,
21out of any money in the treasury not otherwise appropriated,
22and any person appointed by the electors assembled to fill a
23vacancy shall also receive the allowances provided for
24electors appointed.
25(Source: P.A. 92-359, eff. 1-1-02.)
 

 

 

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1    (10 ILCS 5/21-5 rep.)
2    Section 105. The Election Code is amended by repealing
3Section 21-5.
 
4    Section 999. Effective date. This Act takes effect upon
5becoming law.