103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3749

 

Introduced 2/17/2023, by Rep. Kam Buckner

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/16-5.01  from Ch. 46, par. 16-5.01
10 ILCS 5/16-5.02 new

    Amends the Ballots Article of the Election Code. Provides that the governing body of a municipality may adopt, upon submission of a written statement by the municipality's election authority attesting to the administrative ability of the election authority to administer an election using a ranked ballot to the municipality's governing body, an ordinance requiring a ranked vote by mail ballot for municipal and township office candidates to be voted on in the consolidated election or consolidated primary election (rather than only the consolidated election). Provides that the governing body of a municipality may adopt an ordinance allowing any qualified voter to use a ranked vote by mail ballot for any municipal and township election. Sets forth provisions concerning ranked ballots for nonpartisan primary elections. Removes language providing that a ranked ballot shall only be for use by a qualified voter who either is a member of the United States military or will be outside of the United States on the consolidated primary election day and the consolidated election day.


LRB103 29708 BMS 56113 b

 

 

A BILL FOR

 

HB3749LRB103 29708 BMS 56113 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Section 16-5.01 and by adding Section 16-5.02 as follows:
 
6    (10 ILCS 5/16-5.01)  (from Ch. 46, par. 16-5.01)
7    Sec. 16-5.01. (a) Except as otherwise provided in this
8Code, the election authority shall, at least 46 days prior to
9the date of any election at which federal officers are elected
10and 45 days prior to any other regular election, have a
11sufficient number of ballots printed so that such ballots will
12be available for mailing 45 days prior to the date of the
13election to persons who have filed application for a ballot
14under the provisions of Article 20 of this Code Act.
15    (b) If at any election at which federal offices are
16elected or nominated the election authority is unable to
17comply with the provisions of subsection (a), the election
18authority shall mail to each such person, in lieu of the
19ballot, a Special Write-in Vote by Mail Voter's Blank Ballot.
20The Special Write-in Vote by Mail Voter's Blank Ballot shall
21be used at all elections at which federal officers are elected
22or nominated and shall be prepared by the election authority
23in substantially the following form:

 

 

HB3749- 2 -LRB103 29708 BMS 56113 b

1
Special Write-in Vote by Mail Voter's Blank Ballot
2    (To vote for a person, write the title of the office and
3his or her name on the lines provided. Place to the left of and
4opposite the title of office a square and place a cross (X) in
5the square.)
6        Title of Office                 Name of Candidate
7(    )                                                       
8(    )                                                       
9(    )                                                       
10(    )                                                       
11(    )                                                       
12(    )                                                       
13    The election authority shall send with the Special
14Write-in Vote by Mail Voter's Blank Ballot a list of all
15referenda for which the voter is qualified to vote and all
16candidates for whom nomination papers have been filed and for
17whom the voter is qualified to vote. The voter shall be
18entitled to write in the name of any candidate seeking
19election and any referenda for which he or she is entitled to
20vote.
21    On the back or outside of the ballot, so as to appear when
22folded, shall be printed the words "Official Ballot", the date
23of the election and a facsimile of the signature of the
24election authority who has caused the ballot to be printed.
25    The provisions of Article 20, insofar as they may be
26applicable to the Special Write-in Vote by Mail Voter's Blank

 

 

HB3749- 3 -LRB103 29708 BMS 56113 b

1Ballot, shall be applicable herein.
2    (c) Notwithstanding any provision of this Code or other
3law to the contrary, the governing body of a municipality may
4adopt, upon submission of a written statement by the
5municipality's election authority attesting to the
6administrative ability of the election authority to administer
7an election using a ranked ballot to the municipality's
8governing body, an ordinance requiring, and that
9municipality's election authority shall prepare, a ranked vote
10by mail ballot for municipal and township office candidates to
11be voted on in the consolidated election or consolidated
12primary election. This ranked ballot shall be for use only by a
13qualified voter who either is a member of the United States
14military or will be outside of the United States on the
15consolidated primary election day and the consolidated
16election day. The governing body of a municipality may adopt
17an ordinance allowing any qualified voter to use a ranked vote
18by mail ballot for any municipal and township election. The
19ranked ballot shall contain a list of the titles of all
20municipal and township offices potentially contested at both
21the consolidated primary election and the consolidated
22election and the candidates for each office and shall permit
23the elector to vote in the consolidated election by indicating
24his or her order of preference for each candidate for each
25office. To indicate his or her order of preference for each
26candidate for each office, the voter shall put the number one

 

 

HB3749- 4 -LRB103 29708 BMS 56113 b

1next to the name of the candidate who is the voter's first
2choice, the number 2 for his or her second choice, and so forth
3so that, in consecutive numerical order, a number indicating
4the voter's preference is written by the voter next to each
5candidate's name on the ranked ballot. The voter shall not be
6required to indicate his or her preference for more than one
7candidate on the ranked ballot. The voter may not cast a
8write-in vote using the ranked ballot for the consolidated
9election. The election authority shall, if using the ranked
10vote by mail ballot authorized by this subsection, also
11prepare instructions for use of the ranked ballot. The ranked
12ballot for the consolidated election shall be mailed to the
13voter at the same time that the ballot for the consolidated
14primary election is mailed to the voter and the election
15authority shall accept the completed ranked ballot for the
16consolidated election when the authority accepts the completed
17ballot for the consolidated primary election.
18    The voter shall also be sent a vote by mail ballot for the
19consolidated election for those races that are not related to
20the results of the consolidated primary election as soon as
21the consolidated election ballot is certified.
22    The State Board of Elections shall adopt rules for
23election authorities for the implementation of this
24subsection, including, but not limited to, the application for
25and counting of ranked ballots.
26(Source: P.A. 102-15, eff. 6-17-21; revised 2-28-22.)
 

 

 

HB3749- 5 -LRB103 29708 BMS 56113 b

1    (10 ILCS 5/16-5.02 new)
2    Sec. 16-5.02. Ranked ballot; nonpartisan primary
3elections.
4    (a) The State Board of Elections is authorized to adopt
5rules mandating all election authorities to conduct all State,
6local, and federal primary elections, excluding the
7presidential primary, utilizing a ranked ballot method.
8    (b) This Section only applies if more than 2 candidates
9have been nominated for an office.
10    (c) All qualified voters shall be permitted to vote for
11the candidate of their choice in a primary election regardless
12of the voter's political party affiliation.
13    (d) Any person who meets the primary election
14qualifications may petition as a candidate in a primary
15election as a member of the political party in which the
16candidate is registered.
17    (e) All candidates shall be listed on a single primary
18ballot. The ballot shall clearly designate the party in which
19each candidate is registered. The top 2 candidates as
20determined by the ranked ballot method shall advance to the
21general election regardless of political party affiliation.
22The winner of the election shall be the candidate that
23receives the greatest number of votes cast in the general
24election.
25    (f) For offices subject to the ranked ballot method, the

 

 

HB3749- 6 -LRB103 29708 BMS 56113 b

1ballot shall be simple and easy to understand and allow a voter
2to rank candidates for an office based on preference.
3    (g) Instructions on the ballot shall conform substantially
4to the following specifications:
5        "Vote for candidates by indicating your first-choice
6    candidates in order of preference. Indicate your first
7    choice by marking the number "1" beside a candidate's
8    name, your second choice by marking the number "2" beside
9    a candidate's name, your third choice by marking a number
10    "3" beside a candidate's name, and so on in ascending
11    numerical order.
12        You may choose to rank only one candidate, but ranking
13    additional candidates will not hurt the chances of your
14    first-choice candidate. You may not rank more than 5
15    candidates. Do not mark the same number beside more than
16    one candidate. Do not skip numbers."
17    (h) A sample ballot for an office subject to the ranked
18ballot method shall illustrate the voting procedure for the
19ranked ballot method. A sample ballot shall be included with
20each absentee ballot.
21    (i) The State Board of Elections shall conduct a voter
22education campaign on the ranked ballot system to familiarize
23voters with the ballot design, method of voting, and
24advantages of determining a majority winner in a single
25election.