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1 | AN ACT concerning elections.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Election Code is amended by changing | |||||||||||||||||||
5 | Section 16-3 as follows:
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6 | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
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7 | Sec. 16-3. (a) Ballots used in all elections held in this | |||||||||||||||||||
8 | State must contain an "Illinois State Board of Elections" | |||||||||||||||||||
9 | watermark, and the ballots prepared by each election authority | |||||||||||||||||||
10 | responsible for having the official ballot prepared shall be | |||||||||||||||||||
11 | numbered consecutively, beginning with the number "1". No | |||||||||||||||||||
12 | linkage of the ballot number to the voter may be recorded. The | |||||||||||||||||||
13 | names of all candidates to be voted for in each
election | |||||||||||||||||||
14 | district or precinct shall be printed on one ballot, except as
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15 | is provided in Sections 16-6.1 and 21-1.01 of this Code Act and | |||||||||||||||||||
16 | except as otherwise
provided in this Code Act with respect to | |||||||||||||||||||
17 | the odd year regular elections and
the emergency referenda; | |||||||||||||||||||
18 | all nominations
of any political party being placed under the | |||||||||||||||||||
19 | party appellation or title
of such party as designated in the | |||||||||||||||||||
20 | certificates of nomination or
petitions. The names of all | |||||||||||||||||||
21 | independent candidates shall be printed upon
the ballot in a | |||||||||||||||||||
22 | column or columns under the heading "independent"
arranged | |||||||||||||||||||
23 | under the names or titles of the respective offices for which
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1 | such independent candidates shall have been nominated and so | ||||||
2 | far as
practicable, the name or names of any independent | ||||||
3 | candidate or
candidates for any office shall be printed upon | ||||||
4 | the ballot opposite the
name or names of any candidate or | ||||||
5 | candidates for the same office
contained in any party column | ||||||
6 | or columns upon said ballot. The ballot
shall contain no other | ||||||
7 | names, except that in cases of electors for
President and | ||||||
8 | Vice-President of the United States, the names of the
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9 | candidates for President and Vice-President may be added to | ||||||
10 | the party
designation and words calculated to aid the voter in | ||||||
11 | his choice of candidates
may be added, such as "Vote for one," | ||||||
12 | "Vote for not more than three." If no candidate or candidates | ||||||
13 | file for an office and if no person or persons file a | ||||||
14 | declaration as a write-in candidate for that office, then | ||||||
15 | below the title of that office the election authority instead | ||||||
16 | shall print "No Candidate". When an electronic
voting system | ||||||
17 | is used which utilizes a ballot label booklet, the candidates
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18 | and questions shall appear on the pages of such booklet in the | ||||||
19 | order
provided by this Code; and, in any case where candidates | ||||||
20 | for an office
appear on a page which does not contain the name | ||||||
21 | of any candidate for
another office, and where less than 50% of | ||||||
22 | the page is utilized, the name of
no candidate shall be printed | ||||||
23 | on the lowest 25% of such page. On the back or
outside of the | ||||||
24 | ballot, so as to appear when folded, shall be printed the words
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25 | "Official Ballot", followed by the designation of the polling | ||||||
26 | place for
which the ballot is prepared, the date of the |
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1 | election and a facsimile
of the signature of the election | ||||||
2 | authority who has caused the ballots to
be printed. The | ||||||
3 | ballots shall be of plain white paper, through which the
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4 | printing or writing cannot be read. However, ballots for use | ||||||
5 | at the
nonpartisan and consolidated elections may be printed | ||||||
6 | on different color
paper, except blue paper, whenever | ||||||
7 | necessary or desirable to facilitate
distinguishing between | ||||||
8 | ballots for different political subdivisions. In
the case of | ||||||
9 | nonpartisan elections for officers of a political
subdivision, | ||||||
10 | unless the statute or an ordinance adopted pursuant to
Article | ||||||
11 | VII of the Constitution providing the form of government
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12 | therefor requires otherwise, the column listing such | ||||||
13 | nonpartisan
candidates shall be printed with no appellation or | ||||||
14 | circle at its head.
The party appellation or title, or the word | ||||||
15 | "independent" at the head of
any column provided for | ||||||
16 | independent candidates, shall be printed in letters not less | ||||||
17 | than one-fourth of an inch in height
and a
circle one-half inch | ||||||
18 | in diameter shall be printed at the beginning of
the line in | ||||||
19 | which such appellation or title is printed, provided,
however, | ||||||
20 | that no such circle shall be printed at the head of any column
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21 | or columns provided for such independent candidates. The names | ||||||
22 | of
candidates shall be printed in letters not less than | ||||||
23 | one-eighth
nor more than one-fourth of an inch in height, and | ||||||
24 | at the beginning of
each line in which a name of a candidate is | ||||||
25 | printed a square shall be
printed, the sides of which shall be | ||||||
26 | not less than one-fourth of an inch
in length. However, the |
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1 | names of the candidates for Governor and
Lieutenant Governor | ||||||
2 | on the same ticket shall be printed within a bracket
and a | ||||||
3 | single square shall be printed in front of the bracket. The | ||||||
4 | list
of candidates of the several parties and any such list of | ||||||
5 | independent
candidates shall be placed in separate columns on | ||||||
6 | the ballot in such
order as the election authorities charged | ||||||
7 | with the printing of the
ballots shall decide; provided, that | ||||||
8 | the names of the candidates of the
several political parties, | ||||||
9 | certified by the State Board of Elections to
the several | ||||||
10 | county clerks shall be printed by the county clerk of the
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11 | proper county on the official ballot in the order certified by | ||||||
12 | the State
Board of Elections. Any county clerk refusing, | ||||||
13 | neglecting or failing to
print on the official ballot the | ||||||
14 | names of candidates of the several
political parties in the | ||||||
15 | order certified by the State Board of
Elections, and any | ||||||
16 | county clerk who prints or causes to be printed upon
the | ||||||
17 | official ballot the name of a candidate, for an office to be | ||||||
18 | filled
by the Electors of the entire State, whose name has not | ||||||
19 | been duly
certified to him upon a certificate signed by the | ||||||
20 | State Board of
Elections shall be guilty of a Class C | ||||||
21 | misdemeanor.
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22 | (b) When an electronic voting system is used which | ||||||
23 | utilizes a ballot
card,
on the inside flap of each ballot card | ||||||
24 | envelope there shall be printed
a form for write-in voting | ||||||
25 | which shall be substantially as follows:
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26 | WRITE-IN VOTES
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1 | (See card of instructions for specific information. | ||||||
2 | Duplicate form below
by hand for additional write-in votes.)
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3 | .............................
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4 | Title of Office
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5 | ( ) .............................
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6 | Name of Candidate
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7 | Write-in lines equal to the number of candidates for which | ||||||
8 | a voter may vote shall be printed for an office only if one or | ||||||
9 | more persons filed declarations of intent to be write-in | ||||||
10 | candidates or qualify to file declarations to be write-in | ||||||
11 | candidates under Sections 17-16.1 and 18-9.1 when the | ||||||
12 | certification of ballot contains the words "OBJECTION | ||||||
13 | PENDING".
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14 | (c) When an electronic voting system is used which uses a | ||||||
15 | ballot sheet,
the
instructions to voters on the ballot sheet | ||||||
16 | shall refer the voter to the
card of instructions for specific | ||||||
17 | information on write-in voting. Below
each office appearing on | ||||||
18 | such ballot sheet there shall be a provision for
the casting of | ||||||
19 | a write-in vote. Write-in lines equal to the number of | ||||||
20 | candidates for which a voter may vote shall be printed for an | ||||||
21 | office only if one or more persons filed declarations of | ||||||
22 | intent to be write-in candidates or qualify to file | ||||||
23 | declarations to be write-in candidates under Sections 17-16.1 | ||||||
24 | and 18-9.1 when the certification of ballot contains the words | ||||||
25 | "OBJECTION PENDING".
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26 | (d) When such electronic system is used, there shall be |
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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, | ||||||
16 | the precinct identification, and any applicable ward
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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 |
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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 | ||||||
7 | information must be provided on the ballot itself.
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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, | ||||||
17 | whichever is applicable, then (i) the candidate's name on the | ||||||
18 | ballot must be followed by "formerly known as (list all prior | ||||||
19 | names during the 3-year period) until name changed on (list | ||||||
20 | date of each such name change)" and (ii) the petition, papers, | ||||||
21 | or certificate must be accompanied by the candidate's | ||||||
22 | affidavit stating the candidate's previous names during the | ||||||
23 | period specified in (i) and the date or dates each of those | ||||||
24 | names was changed; failure to meet these requirements shall be | ||||||
25 | grounds for denying certification of the candidate's name for | ||||||
26 | the ballot or removing the candidate's name from the ballot, |
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1 | as 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 or civil union to assume a | ||||||
4 | spouse's surname, or dissolution of marriage or civil union or | ||||||
5 | declaration of invalidity of marriage or civil union to assume | ||||||
6 | a former surname or a name change that conforms the | ||||||
7 | candidate's name to his or her gender identity. No other | ||||||
8 | designation such
as a political slogan, title, or degree or | ||||||
9 | nickname suggesting or
implying possession of a
title, degree | ||||||
10 | or professional status, or similar information may be used
in | ||||||
11 | connection with the candidate's surname.
For purposes of this | ||||||
12 | Section, a "political slogan" is defined as any
word or words | ||||||
13 | expressing or connoting a position, opinion, or belief that | ||||||
14 | the
candidate may espouse, including , but not limited to, any | ||||||
15 | word or words
conveying any meaning other than that of the | ||||||
16 | personal identity of the
candidate. A
candidate may not use a | ||||||
17 | political slogan as part of his or her name on the
ballot, | ||||||
18 | notwithstanding that the political slogan may be part of the
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19 | candidate's name.
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20 | (f) The State Board of Elections, a local election | ||||||
21 | official, or an
election
authority shall remove any | ||||||
22 | candidate's name designation from a ballot that is
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23 | inconsistent with subsection (e) of this Section. In addition, | ||||||
24 | the State Board
of Elections, a local election official, or an | ||||||
25 | election authority shall not
certify to any election authority | ||||||
26 | any candidate name designation that is
inconsistent with |
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1 | subsection (e) of this Section.
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2 | (g) If the State Board of Elections, a local election | ||||||
3 | official, or an
election
authority removes a candidate's name | ||||||
4 | designation from a ballot under
subsection (f) of this | ||||||
5 | Section, then the aggrieved candidate may seek
appropriate | ||||||
6 | relief in circuit court.
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7 | Where voting machines or electronic voting systems are | ||||||
8 | used, the
provisions of this Section may be modified as | ||||||
9 | required or authorized by
Article 24 or Article 24A, whichever | ||||||
10 | is applicable.
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11 | Nothing in this Section shall prohibit election | ||||||
12 | authorities from using
or reusing ballot card envelopes which | ||||||
13 | were printed before January 1, 1986 ( the effective
date of | ||||||
14 | Public Act 84-820) this amendatory Act of 1985 .
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15 | (Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
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