Full Text of HB2417 94th General Assembly
HB2417eng 94TH GENERAL ASSEMBLY
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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 | 5 |
| Sections 6-9, 6-11, 6-74, 7-56, 7-58, 7-59, 7-60, 7-60.1, 7-63, | 6 |
| 22-1, 22-8, 22-9, 22-9.1, 22-12, 22-15, 22-17, 22-18, and 23-23 | 7 |
| and by adding Section 1-8 as follows: | 8 |
| (10 ILCS 5/1-8 new) | 9 |
| Sec. 1-8. Canvassing boards abolished. Notwithstanding
any | 10 |
| other provision of this Code, local canvassing boards are
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| abolished. In this Code or any other law a reference to a
local | 12 |
| or county canvassing board means (i) for elections in
which the | 13 |
| political subdivision that is choosing
candidates or | 14 |
| submitting a public question is located
entirely within the | 15 |
| jurisdiction of a single election
authority, that election | 16 |
| authority and (ii) for elections in
which the political | 17 |
| subdivision that is choosing candidates
or submitting a public | 18 |
| question is located within the
jurisdiction of 2 or more | 19 |
| election authorities, the election
authority having | 20 |
| jurisdiction over the location at which the
political | 21 |
| subdivision has its principal office.
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| (10 ILCS 5/6-9) (from Ch. 46, par. 6-9)
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| Sec. 6-9. After ascertaining and announcing the result as | 24 |
| aforesaid,
such judges shall make, fill up and sign duplicate
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| triplicate returns or
statements of the votes cast for and | 26 |
| against such proposition as
aforesaid, in the form found in | 27 |
| Section 6--3 of this Article, each of
which shall be attested | 28 |
| by the other judges, and each of which shall
then be enclosed | 29 |
| and sealed in an envelope, one of which shall be on the
outside | 30 |
| addressed to the appropriate election authority
the circuit | 31 |
| court, one to the clerk of
the circuit court, and one to the |
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| comptroller of such city, or to the
officer whose duties | 2 |
| correspond with those of the comptroller. Upon each
of which | 3 |
| statements shall be endorsed "city election law returns". In
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| the same manner the tally sheet in duplicate shall be signed by | 5 |
| the
judges, and shall be enclosed and sealed in separate | 6 |
| envelopes, one of
which shall be addressed to the county judge | 7 |
| and one to the city clerk;
upon both of the envelopes shall be | 8 |
| endorsed "city election law
tallies". On the outside of each | 9 |
| envelope shall be endorsed whether it
contains a statement of | 10 |
| the votes cast or the tallies, and for what
precinct and ward. | 11 |
| After the envelopes respectively containing such
returns and | 12 |
| tallies are closed and sealed, the judges of election shall
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| each write across the folds of such envelopes their names, and | 14 |
| thereupon
each of the judges of election shall take one of said | 15 |
| returns or
tallies, and shall deliver, each one respectively, | 16 |
| to the person or
officer to whom addressed, by noon of the next | 17 |
| day, and when delivered
he shall receive a receipt therefor | 18 |
| from the officer to whom delivered,
and it shall be the duty of | 19 |
| such officer to give such receipts, and to
safely keep such | 20 |
| envelopes unopened until called for by the election authority
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| as
canvassing
board herein provided.
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| (Source: P.A. 80-704.)
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| (10 ILCS 5/6-11) (from Ch. 46, par. 6-11)
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| Sec. 6-11. The returns must be canvassed in the same
manner | 25 |
| as any other referendum held in the municipality.
On the sixth | 26 |
| day after such election the judge of the circuit
court shall | 27 |
| call to his assistance two well known electors of integrity and
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| character, one of whom voted for and one of whom voted against | 29 |
| such
proposition, who shall constitute the canvassing board to | 30 |
| canvass the
returns and votes so cast for and against such | 31 |
| proposition. Such canvass
shall be conducted in public in the | 32 |
| room usually occupied by the circuit
court. The envelopes | 33 |
| containing all the returns and all the tally sheets
shall, upon | 34 |
| the demand of the judge of the court, be delivered to said
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| board by the officers, so having either of them in his |
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| possession.
Thereupon the same shall be opened in order and the | 2 |
| vote on such
proposition ascertained and announced. All of such | 3 |
| returns and tallies may
be used in ascertaining the result, and | 4 |
| when, in the opinion of said board,
any doubt exists as to what | 5 |
| the actual vote was which was cast for or
against such | 6 |
| proposition in any precinct, or upon the written application
of | 7 |
| 2 persons who were at such canvass and who shall make oath that | 8 |
| they
believe that the returns of the said judges of election as | 9 |
| to such
proposition are not correct, said judge shall demand of | 10 |
| and receive
possession from such county clerk the ballots so | 11 |
| cast in such precinct at
such election, and it shall then be | 12 |
| the duty of said board to open the
envelope containing said | 13 |
| ballots and to recount the same, and to hear
evidence of any | 14 |
| person present at such precinct canvass touching the same;
and | 15 |
| thereupon, said board shall announce and declare the vote cast | 16 |
| for and
against such proposition in such precinct, which shall | 17 |
| be conclusive as to
the ballots so cast; and, thereupon, the | 18 |
| judge of the court, so having
received possession of such | 19 |
| ballots, shall again place them upon a string
or twine and | 20 |
| place them in the same envelope, or another with like
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| endorsements, and seal the same, and shall write across the | 22 |
| face thereof,
"Opened by the judge of the circuit court," and | 23 |
| sign his name thereunder,
and shall then return such ballots to | 24 |
| the possession of the county clerk.
Said returns and tallies | 25 |
| shall also be returned to the officers from whom
received, who | 26 |
| shall safely keep the same for 6 months, and then destroy the
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| same if there be no contest. At the completion of the canvass | 28 |
| of all the
precincts in such city, the total number of votes | 29 |
| cast for and against such
proposition in the various precincts | 30 |
| ascertained as aforesaid shall be
added together by said board, | 31 |
| who shall then declare the total result;
thereupon said court | 32 |
| shall enter an order declaring the number of votes so
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| ascertained cast for, and the number of votes cast against such
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| proposition, and if such proposition shall have received a | 35 |
| majority of the
votes cast for and against the same at such | 36 |
| election, the court shall, by
its order, declare this Article 6 |
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| and Articles 14 and 18 of this Act
adopted. And it shall be the | 2 |
| duty of such judge to file a copy of such
order in the office of | 3 |
| the Secretary of State, and thereupon said Articles
of this act | 4 |
| shall become operative and binding, and the law for all
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| elections in such city, and for the electors thereof, and all | 6 |
| courts and
other persons shall take notice thereof.
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| (Source: Laws 1965, p. 3481.)
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| (10 ILCS 5/6-74) (from Ch. 46, par. 6-74)
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| Sec. 6-74. The quadruple returns of the judges of election | 10 |
| of such village
or incorporated town, mentioned in the last | 11 |
| section, in case of a village
or town election for any officer | 12 |
| of such village or town, shall be made to
the same officer as | 13 |
| otherwise required by law, who shall receipt therefor;
and all | 14 |
| such returns shall be canvassed by the election authority
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| canvassing board of such
village or incorporated town, as | 16 |
| established by law, with the same powers
of investigation and | 17 |
| examination by the election authority
such board as is | 18 |
| authorized by this act
to the canvassing board of any such | 19 |
| city.
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| (Source: Laws 1957, p. 1450.)
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| (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
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| Sec. 7-56. As soon as complete returns are delivered to the | 23 |
| proper election
authority, the returns shall be canvassed for | 24 |
| all primary elections as follows . The election authority acting | 25 |
| as the canvassing board
pursuant to Section 1-8 of this Code :
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| 1. In the case of the nomination of candidates for city | 27 |
| offices, by
the mayor, the city attorney and the city clerk.
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| 2. In the case of nomination of candidates for village
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| offices, by the president of the board of trustees,
one member | 30 |
| of the board of trustees, and the village clerk.
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| 3. In the case of nomination of candidates for township | 32 |
| offices, by the
town supervisor, the town assessor and the town | 33 |
| clerk; in the case of
nomination of candidates for incorporated | 34 |
| town offices, by the corporate
authorities of the incorporated |
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| town.
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| 3.5. For multi-township assessment districts, by the | 3 |
| chairman, clerk,
and assessor of the multi-township assessment | 4 |
| district.
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| 4. For road district offices, by the highway commissioner | 6 |
| and the road
district clerk.
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| 5. The officers who are charged by law with the duty of | 8 |
| canvassing
returns of general elections made to the county | 9 |
| clerk, shall also open
and canvass the returns of a primary | 10 |
| made to such county clerk . Upon the
completion of the canvass | 11 |
| of the returns by the election authority
county canvassing | 12 |
| board ,
the election authority
said canvassing board shall make | 13 |
| a tabulated statement of the returns
for each political party | 14 |
| separately, stating in appropriate columns and
under proper | 15 |
| headings, the total number of votes cast in said county for
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| each candidate for nomination or election by said party, | 17 |
| including candidates for
President of the United States and for | 18 |
| State central committeemen, and
for delegates and alternate | 19 |
| delegates to National nominating
conventions, and for precinct | 20 |
| committeemen, township committeemen, and
for ward | 21 |
| committeemen. Within 2
two (2) days after the completion of | 22 |
| said
canvass by the election authority,
said canvassing board | 23 |
| the county clerk shall mail to the
State Board of Elections a | 24 |
| certified copy of such tabulated statement of
returns. | 25 |
| Provided, however, that the number of votes cast for the
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| nomination for offices, the certificates of election for which | 27 |
| offices,
under this Act or any other laws are issued by the | 28 |
| county clerk shall
not be included in such certified copy of | 29 |
| said tabulated statement of
returns, nor shall the returns on | 30 |
| the election of precinct, township or
ward committeemen be so | 31 |
| certified to the State Board of Elections. The
election | 32 |
| authority said officers shall also determine and set down as to | 33 |
| each precinct the
number of ballots voted by the primary | 34 |
| electors of each party at the primary.
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| 6. In the case of the nomination or election of candidates | 36 |
| for offices,
including President of the United States and the |
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| State central
committeemen, and delegates and alternate | 2 |
| delegates to National
nominating conventions, certified | 3 |
| tabulated statement of returns for
which are filed with the | 4 |
| State Board of Elections, said returns shall be
canvassed by | 5 |
| the election authority
board . And, provided, further, that | 6 |
| within 5 days after
said returns shall be canvassed by the said | 7 |
| Board, the Board shall cause
to be published in one daily | 8 |
| newspaper of general circulation at the
seat of the State | 9 |
| government in Springfield a certified statement of the
returns | 10 |
| filed in its office, showing the total vote cast in the State
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| for each candidate of each political party for President of the | 12 |
| United
States, and showing the total vote for each candidate of | 13 |
| each political
party for President of the United States, cast | 14 |
| in each of the several
congressional districts in the State.
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| 7. Where in cities or villages which have a board of | 16 |
| election commissioners,
the returns of a primary are made to | 17 |
| such board of election commissioners, said
return shall be | 18 |
| canvassed by such board, and, excepting in the case of the
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| nomination for any municipal office, tabulated statements of | 20 |
| the returns of
such primary shall be made to the county clerk.
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| 8. Within 48 hours of conducting a canvass, as required
by | 22 |
| this Code,
the delivery of complete returns of the consolidated
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| primary ,
to the election authority , the election authority | 24 |
| shall deliver
an original certificate of results to each local | 25 |
| election official, with
respect to whose political | 26 |
| subdivisions nominations were made at such primary,
for each | 27 |
| precinct in his jurisdiction in which such nominations were on
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| the ballot. Such original certificate of results need not | 29 |
| include any offices
or nominations for any other political | 30 |
| subdivisions. The local election
official shall immediately | 31 |
| transmit the certificates to the canvassing board
for his | 32 |
| political subdivisions, which shall open and canvass the | 33 |
| returns,
make a tabulated statement of the returns for each | 34 |
| political party separately,
and as nearly as possible, follow | 35 |
| the procedures required for the county
canvassing board. Such | 36 |
| canvass of votes shall be conducted within 7 days
after the |
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| close of the consolidated primary.
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| (Source: P.A. 87-1052.)
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| (10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
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| Sec. 7-58. Each county clerk or board of election
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| commissioners
of the canvassing boards respectively shall, | 6 |
| upon completion of the
canvassing of the returns, make and | 7 |
| transmit to the State Board of
Elections and to each election | 8 |
| authority whose duty it is to print the
official ballot for the | 9 |
| election for which the nomination is made a
proclamation of the | 10 |
| results of the primary. The proclamation shall state
the name | 11 |
| of each candidate of each political party so
nominated or | 12 |
| elected, as shown by the returns, together with the name of
the | 13 |
| office for which he or she was nominated or elected, including | 14 |
| precinct,
township and ward committeemen, and including in the | 15 |
| case of the State
Board of Elections, candidates for State | 16 |
| central committeemen, and
delegates and alternate delegates to | 17 |
| National nominating conventions. If
a notice of contest is | 18 |
| filed, the election authority
such canvassing board shall, | 19 |
| within one
business day after receiving a certified copy of the | 20 |
| court's judgment or
order, amend its proclamation accordingly | 21 |
| and proceed to file an amended
proclamation with the | 22 |
| appropriate election authorities and with the State
Board of | 23 |
| Elections.
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| The State Board of Elections shall issue a certificate of
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| election to each of the persons shown by the returns and the
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| proclamation thereof to be elected State central committeemen, | 27 |
| and
delegates and alternate delegates to National nomination | 28 |
| conventions;
and the county clerk shall issue a certificate of | 29 |
| election to each
person shown by the returns to be elected | 30 |
| precinct, township or ward
committeeman. The certificate | 31 |
| issued to such precinct committeeman shall
state the number of | 32 |
| ballots voted in his or her precinct by the primary
electors of | 33 |
| his or her party at the primary at which he or she was elected. | 34 |
| The
certificate issued to such township committeeman shall | 35 |
| state the number
of ballots voted in his or her township or |
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| part of a township, as the case may
be, by the primary electors | 2 |
| of his or her party at the primary at which he or she was
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| elected. The certificate issued to such ward committeeman shall | 4 |
| state
the number of ballots voted in his or her ward by the | 5 |
| primary electors of his or her
party at the primary at which he | 6 |
| or she was elected.
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| (Source: P.A. 84-1308.)
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| (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
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| Sec. 7-59. (a) The person receiving the highest number of | 10 |
| votes at a
primary as a candidate of a party for the nomination | 11 |
| for an office shall
be the candidate of that party for such | 12 |
| office, and his name as such
candidate shall be placed on the | 13 |
| official ballot at the election then
next ensuing; provided, | 14 |
| that where there are two or more persons to be
nominated for | 15 |
| the same office or board, the requisite number of persons
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| receiving the highest number of votes shall be nominated and | 17 |
| their names
shall be placed on the official ballot at the | 18 |
| following election.
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| Except as otherwise provided by Section 7-8 of this Act, | 20 |
| the
person receiving the highest number of votes of his party | 21 |
| for
State central committeeman of his congressional district | 22 |
| shall be
declared elected State central committeeman from said | 23 |
| congressional
district.
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| Unless a national political party specifies that delegates | 25 |
| and
alternate delegates to a National nominating convention be | 26 |
| allocated by
proportional selection representation according | 27 |
| to the results of a
Presidential preference primary, the | 28 |
| requisite number of persons
receiving the highest number of | 29 |
| votes of their party for delegates and
alternate delegates to | 30 |
| National nominating conventions from the State at
large, and | 31 |
| the requisite number of persons receiving the highest number of
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| votes of their party for delegates and alternate delegates to | 33 |
| National
nominating conventions in their respective | 34 |
| congressional districts shall be
declared elected delegates | 35 |
| and alternate delegates to the National
nominating conventions |
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| of their party.
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| A political party which elects the members to its State | 3 |
| Central Committee
by Alternative B under paragraph (a) of | 4 |
| Section 7-8 shall select its
congressional district delegates | 5 |
| and alternate delegates to its national
nominating convention | 6 |
| by proportional selection representation according to
the | 7 |
| results of a Presidential preference primary in each | 8 |
| congressional
district in the manner provided by the rules of | 9 |
| the national political
party and the State Central Committee, | 10 |
| when the rules and policies of the
national political party so | 11 |
| require.
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| A political party which elects the members to its State | 13 |
| Central Committee
by Alternative B under paragraph (a) of | 14 |
| Section 7-8 shall select its
at large delegates and alternate | 15 |
| delegates to its national
nominating convention by | 16 |
| proportional selection representation according to
the results | 17 |
| of a Presidential preference primary in the whole State in the
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| manner provided by the rules of the national political party | 19 |
| and the State
Central Committee, when the rules and policies of | 20 |
| the national political
party so require.
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| The person receiving the highest number of votes of his | 22 |
| party for
precinct committeeman of his precinct shall be | 23 |
| declared elected precinct
committeeman from said precinct.
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| The person receiving the highest number of votes of his | 25 |
| party for
township committeeman of his township or part of a | 26 |
| township as the case
may be, shall be declared elected township | 27 |
| committeeman from said
township or part of a township as the | 28 |
| case may be. In cities where ward
committeemen are elected, the | 29 |
| person receiving the highest number of
votes of his party for | 30 |
| ward committeeman of his ward shall be declared
elected ward | 31 |
| committeeman from said ward.
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| When two or more persons receive an equal and the highest | 33 |
| number of
votes for the nomination for the same office or for | 34 |
| committeeman of the
same political party, or where more than | 35 |
| one person of the same
political party is to be nominated as a | 36 |
| candidate for office or
committeeman, if it appears that more |
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| than the number of persons to be
nominated for an office or | 2 |
| elected committeeman have the highest and an
equal number of | 3 |
| votes for the nomination for the same office or for
election as | 4 |
| committeeman, the election authority
board by which the returns | 5 |
| of the primary
are canvassed shall decide by lot which of said | 6 |
| persons shall be
nominated or elected, as the case may be. In | 7 |
| such case the election authority
such canvassing
board shall | 8 |
| issue notice in writing to such persons of such tie vote
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| stating therein the place, the day (which shall not be more | 10 |
| than 5
five
(5) days thereafter) and the hour when such | 11 |
| nomination or election shall
be so determined.
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| (b) Write-in votes shall be counted only for persons who | 13 |
| have filed
notarized declarations of intent to be write-in | 14 |
| candidates with the proper
election authority or authorities | 15 |
| not later than 5:00 p.m. on the
Tuesday
immediately preceding | 16 |
| the primary.
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| Forms for the declaration of intent to be a write-in | 18 |
| candidate shall be
supplied by the election authorities. Such | 19 |
| declaration shall specify the
office for which the person seeks | 20 |
| nomination or election as a write-in
candidate.
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| The election authority or authorities shall deliver a list | 22 |
| of all persons
who have filed such declarations to the election | 23 |
| judges in the appropriate
precincts prior to the primary.
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| (c) (1) Notwithstanding any other provisions of this | 25 |
| Section, where
the number of candidates whose names have been | 26 |
| printed on a party's
ballot for nomination for or election to | 27 |
| an office at a primary is less
than the number of persons the | 28 |
| party is entitled to nominate for or elect
to the office at the | 29 |
| primary, a person whose name was not printed on the
party's | 30 |
| primary ballot as a candidate for nomination for or election to | 31 |
| the
office, is not nominated for or elected to that office as a | 32 |
| result of a
write-in vote at the primary unless the number of | 33 |
| votes he received equals
or exceeds the number of signatures | 34 |
| required on a petition for nomination
for that office; or | 35 |
| unless the number of votes he receives exceeds the
number of | 36 |
| votes received by at least one of the candidates whose names |
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| were
printed on the primary ballot for nomination for or | 2 |
| election to the same
office.
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| (2) Paragraph (1) of this subsection does not apply where | 4 |
| the number
of candidates whose names have been printed on the | 5 |
| party's ballot for
nomination for or election to the office at | 6 |
| the primary equals or exceeds
the number of persons the party | 7 |
| is entitled to nominate for or elect to the
office at the | 8 |
| primary.
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| (Source: P.A. 89-653, eff. 8-14-96.)
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| (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
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| Sec. 7-60. Not less than 67 days before the date of the | 12 |
| general
election, the State Board of Elections shall certify to | 13 |
| the county clerks
the names of each of the candidates who have | 14 |
| been nominated as shown by the
proclamation of the State Board | 15 |
| of Elections as a canvassing board or who
have been nominated | 16 |
| to fill a vacancy in nomination and direct the election
| 17 |
| authority to place upon the official ballot for the general | 18 |
| election the
names of such candidates in the same manner and in | 19 |
| the same order as shown
upon the certification, except as | 20 |
| otherwise provided in this Section.
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| Not less than 61 days before the date of the general | 22 |
| election, each
county clerk shall certify the names of each of | 23 |
| the candidates for county
offices who have been nominated as | 24 |
| shown by the proclamation of the county
election authority
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| canvassing board or who have been nominated to fill a vacancy | 26 |
| in nomination
and declare that the names of such candidates for | 27 |
| the respective offices
shall be placed upon the official ballot | 28 |
| for the general election in the
same manner and in the same | 29 |
| order as shown upon the certification, except
as otherwise | 30 |
| provided by this Section. Each county clerk shall place a
copy | 31 |
| of the certification on file in his or her office and at the | 32 |
| same
time issue to the State Board of Elections a copy of such | 33 |
| certification.
In addition, each county clerk in whose county | 34 |
| there is a board of election
commissioners shall, not less than | 35 |
| 61 days before the date of the general
election, issue to such |
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| board a copy of the certification that has been
filed in the | 2 |
| county clerk's office, together with a copy of the
| 3 |
| certification that has been issued to the clerk by the State | 4 |
| Board of
Elections, with directions to the board of election | 5 |
| commissioners to place
upon the official ballot for the general | 6 |
| election in that election
jurisdiction the names of all | 7 |
| candidates that are listed on such
certifications, in the same | 8 |
| manner and in the same order as shown upon such
certifications, | 9 |
| except as otherwise provided in this Section.
| 10 |
| Whenever there are two or more persons nominated by the | 11 |
| same political
party for multiple offices for any board, the | 12 |
| name of the candidate of such
party receiving the highest | 13 |
| number of votes in the primary election as a
candidate for such | 14 |
| office, as shown by the official election returns of the
| 15 |
| primary, shall be certified first under the name of such | 16 |
| offices, and the
names of the remaining candidates of such | 17 |
| party for such offices shall
follow in the order of the number | 18 |
| of votes received by them respectively at
the primary election | 19 |
| as shown by the official election results.
| 20 |
| No person who is shown by the election authority's
| 21 |
| canvassing board's proclamation to have
been nominated at the | 22 |
| primary as a write-in candidate shall have his or her
name | 23 |
| certified unless such person shall have filed with the | 24 |
| certifying
office or board within 10 days after the election | 25 |
| authority's
canvassing board's proclamation
a statement of | 26 |
| candidacy pursuant to Section 7-10 and a statement pursuant
to | 27 |
| Section 7-10.1.
| 28 |
| Each county clerk and board of election commissioners shall | 29 |
| determine
by a fair and impartial method of random selection | 30 |
| the order of placement
of established political party | 31 |
| candidates for the general election ballot.
Such determination | 32 |
| shall be made within 30 days following the canvass and | 33 |
| proclamation
of the results of the general primary
in the | 34 |
| office of the county clerk or board of election commissioners | 35 |
| and
shall be open to the public. Seven days written notice of | 36 |
| the time and place
of conducting such random selection shall be |
|
|
|
HB2417 Engrossed |
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LRB094 09178 JAM 39411 b |
|
| 1 |
| given, by each such election
authority, to the County Chairman | 2 |
| of each established political party, and
to each organization | 3 |
| of citizens within the election jurisdiction which
was | 4 |
| entitled, under this Article, at the next preceding election, | 5 |
| to have
pollwatchers present on the day of election. Each | 6 |
| election authority shall
post in a conspicuous, open and public | 7 |
| place, at the entrance of the election
authority office, notice | 8 |
| of the time and place of such lottery. However,
a board of | 9 |
| election commissioners may elect to place established | 10 |
| political
party candidates on the general election ballot in | 11 |
| the same order determined
by the county clerk of the county in | 12 |
| which the city under the jurisdiction
of such board is located.
| 13 |
| Each certification shall indicate, where applicable, the | 14 |
| following:
| 15 |
| (1) The political party affiliation of the candidates for | 16 |
| the respective offices;
| 17 |
| (2) If there is to be more than one candidate elected to an | 18 |
| office from
the State, political subdivision or district;
| 19 |
| (3) If the voter has the right to vote for more than one | 20 |
| candidate for an office;
| 21 |
| (4) The term of office, if a vacancy is to be filled for | 22 |
| less than a
full term or if the offices to be filled in a | 23 |
| political subdivision are for
different terms.
| 24 |
| The State Board of Elections or the county clerk, as the | 25 |
| case may be,
shall issue an amended certification whenever it | 26 |
| is discovered that the
original certification is in error.
| 27 |
| (Source: P.A. 86-867; 86-875; 86-1028.)
| 28 |
| (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
| 29 |
| Sec. 7-60.1. Certification of Candidates - Consolidated | 30 |
| Election.
Each local election official of a political | 31 |
| subdivision in which candidates
for the respective local | 32 |
| offices are nominated at the consolidated primary
shall, no | 33 |
| later than 5 days following the canvass and proclamation of the
| 34 |
| results of the consolidated primary, certify to each election | 35 |
| authority
whose duty it is to prepare the official ballot for |
|
|
|
HB2417 Engrossed |
- 14 - |
LRB094 09178 JAM 39411 b |
|
| 1 |
| the consolidated
election in that political subdivision the | 2 |
| names of each of the candidates
who have been nominated as | 3 |
| shown by the proclamation of the appropriate election authority
| 4 |
| canvassing board or who have been nominated to fill a vacancy | 5 |
| in nomination
and direct the election authority to place upon | 6 |
| the official ballot for the
consolidated election the names of | 7 |
| such candidates in the same manner and
in the same order as | 8 |
| shown upon the certification, except as otherwise
provided by | 9 |
| this Section.
| 10 |
| Whenever there are two or more persons nominated by the | 11 |
| same political
party for multiple offices for any board, the | 12 |
| name of the candidate of such
party receiving the highest | 13 |
| number of votes in the consolidated primary
election as a | 14 |
| candidate for such consolidated primary, shall be certified
| 15 |
| first under the name of such office, and the names of the | 16 |
| remaining
candidates of such party for such offices shall | 17 |
| follow in the order of the
number of votes received by them | 18 |
| respectively at the consolidated primary
election as shown by | 19 |
| the official election results.
| 20 |
| No person who is shown by the election authority's
| 21 |
| canvassing board's proclamation to have
been nominated at the | 22 |
| consolidated primary as a write-in candidate shall
have his or | 23 |
| her name certified unless such person shall have filed with the
| 24 |
| certifying office or board within 5 days after the election | 25 |
| authority's
canvassing board's
proclamation a statement of | 26 |
| candidacy pursuant to Section 7-10 and a
statement pursuant to | 27 |
| Section 7-10.1.
| 28 |
| Each board of election commissioners of the cities in which | 29 |
| established
political party candidates for city offices are | 30 |
| nominated at the
consolidated primary shall determine by a fair | 31 |
| and impartial method of
random selection the order of placement | 32 |
| of the established political party
candidates for the | 33 |
| consolidated ballot. Such determination shall be made
within 5 | 34 |
| days following the canvass and proclamation of the results of | 35 |
| the
consolidated primary and shall be open to the public. Three | 36 |
| days written
notice of the time and place of conducting such |
|
|
|
HB2417 Engrossed |
- 15 - |
LRB094 09178 JAM 39411 b |
|
| 1 |
| random selection shall be
given, by each such election | 2 |
| authority, to the County Chairman of each
established political | 3 |
| party, and to each organization of citizens within
the election | 4 |
| jurisdiction which was entitled, under this Article, at the
| 5 |
| next preceding election, to have pollwatchers present on the | 6 |
| day of
election. Each election authority shall post in a | 7 |
| conspicuous, open and
public place, at the entrance of the | 8 |
| election authority office, notice of
the time and place of such | 9 |
| lottery.
| 10 |
| Each local election official of a political subdivision in | 11 |
| which
established political party candidates for the | 12 |
| respective local offices are
nominated by primary shall | 13 |
| determine by a fair and impartial method of
random selection | 14 |
| the order of placement of the established political party
| 15 |
| candidates for the consolidated election ballot and, in the | 16 |
| case of certain
municipalities having annual elections, on the | 17 |
| general primary ballot for
election. Such determination shall | 18 |
| be made prior to the canvass and
proclamation of results of the | 19 |
| consolidated primary or special municipal
primary, as the case | 20 |
| may be, in the office of the local election official and
shall | 21 |
| be open to the public. Three days written notice of the time | 22 |
| and
place of conducting such random selection shall be given, | 23 |
| by each such
local election official, to the County Chairman of | 24 |
| each established
political party, and to each organization of | 25 |
| citizens within the election
jurisdiction which was entitled, | 26 |
| under this Article, at the next preceding
election, to have | 27 |
| pollwatchers present on the day of election. Each local
| 28 |
| election official shall post in a conspicuous, open and public | 29 |
| place notice of
such lottery. Immediately thereafter, the local | 30 |
| election official shall
certify the ballot placement order so | 31 |
| determined to the proper election
authorities charged with the | 32 |
| preparation of the consolidated election, or
general primary,
| 33 |
| ballot for that political subdivision.
| 34 |
| Not less than 61 days before the date of the consolidated | 35 |
| election, each
local election official of a political | 36 |
| subdivision in which established
political party candidates |
|
|
|
HB2417 Engrossed |
- 16 - |
LRB094 09178 JAM 39411 b |
|
| 1 |
| for the respective local offices have been
nominated by caucus | 2 |
| or have been nominated because no primary was required
to be | 3 |
| held shall certify to each election authority whose duty it is | 4 |
| to
prepare the official ballot for the consolidated election in | 5 |
| that political
subdivision the names of each of the candidates | 6 |
| whose certificates of
nomination or nomination papers have been | 7 |
| filed in his or her office and
direct the election authority to | 8 |
| place upon the official ballot for the
consolidated election | 9 |
| the names of such candidates in the same manner and
in the same | 10 |
| order as shown upon the certification. Such local election
| 11 |
| official shall, prior to certification, determine by a fair and | 12 |
| impartial
method of random selection the order of placement of | 13 |
| the established
political party candidates for the | 14 |
| consolidated election ballot. Such
determination shall be made | 15 |
| in the office of the local election official
and shall be open | 16 |
| to the public. Three days written notice of the time and
place | 17 |
| of conducting such random selection shall be given by each such | 18 |
| local
election official to the county chairman of each | 19 |
| established political
party, and to each organization of | 20 |
| citizens within the election
jurisdiction which was entitled, | 21 |
| under this Article, at the next preceding
election, to have | 22 |
| pollwatchers present on the day of election. Each local
| 23 |
| election official shall post in a conspicuous, open and public | 24 |
| place, at the
entrance of the office, notice of the time and | 25 |
| place of such lottery. The
local election official shall | 26 |
| certify the ballot placement order so
determined as part of his | 27 |
| official certification of candidates to the
election | 28 |
| authorities whose duty it is to prepare the official ballot for
| 29 |
| the consolidated election in that political subdivision.
| 30 |
| The certification shall indicate, where applicable, the | 31 |
| following:
| 32 |
| (1) The political party affiliation of the candidates for | 33 |
| the respective offices;
| 34 |
| (2) If there is to be more than one candidate elected or | 35 |
| nominated to an
office from the State, political subdivision or | 36 |
| district;
|
|
|
|
HB2417 Engrossed |
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LRB094 09178 JAM 39411 b |
|
| 1 |
| (3) If the voter has the right to vote for more than one | 2 |
| candidate for an office;
| 3 |
| (4) The term of office, if a vacancy is to be filled for | 4 |
| less than a
full term or if the offices to be filled in a | 5 |
| political subdivision or
district are for different terms.
| 6 |
| The local election official shall issue an amended | 7 |
| certification whenever
it is discovered that the original | 8 |
| certification is in error.
| 9 |
| (Source: P.A. 84-1308.)
| 10 |
| (10 ILCS 5/7-63) (from Ch. 46, par. 7-63)
| 11 |
| Sec. 7-63. Any candidate whose name appears upon the | 12 |
| primary ballot of any
political party may contest the election | 13 |
| of the candidate or candidates
nominated for the office for | 14 |
| which he or she was a candidate by his or her
political party, | 15 |
| upon the face of the returns, by filing with the clerk of the
| 16 |
| circuit court a petition in writing, setting forth the grounds | 17 |
| of
contest, which petition shall be verified by the affidavit | 18 |
| of the
petitioner or other person, and which petition shall be | 19 |
| filed within 10
days after the completion of the canvass of the | 20 |
| returns by the election authority
canvassing board making the | 21 |
| final canvass of returns. The contestant
shall also file with | 22 |
| that election authority
canvassing board (and if for the | 23 |
| nomination
for an office, certified tabulated statements of the | 24 |
| returns of which
are to be filed with the State Board of | 25 |
| Elections, also with the election authorities in whose | 26 |
| jurisdiction the
election was held
county
canvassing board ), a | 27 |
| notice of the pendency of the contest.
| 28 |
| If the contest relates to an office involving more than one | 29 |
| county,
the venue of the contest is (a) in the county in which | 30 |
| the alleged
grounds of the contest exist or (b) if grounds for | 31 |
| the contest are
alleged to exist in more than one county, then | 32 |
| in any of those counties
or in the county in which any | 33 |
| defendant resides.
| 34 |
| Authority and jurisdiction are hereby vested in the circuit
| 35 |
| court, to hear and determine primary contests. When a
petition |
|
|
|
HB2417 Engrossed |
- 18 - |
LRB094 09178 JAM 39411 b |
|
| 1 |
| to contest a primary is filed in the office of the clerk
of the | 2 |
| court, the petition shall forthwith be presented to a judge
| 3 |
| thereof, who shall note thereon the date of presentation, and | 4 |
| shall note
thereon the day when the petition will be heard,
| 5 |
| which shall not be more than 10 days thereafter.
| 6 |
| Summons shall forthwith issue to each defendant named in | 7 |
| the petition
and shall be served for the same manner as is | 8 |
| provided for other civil
cases. Summons may be issued and | 9 |
| served in any county in the State. The
case may be heard and | 10 |
| determined by the circuit court at any time not
less than 5 | 11 |
| days after service of process, and shall have preference in
the | 12 |
| order of hearing to all other cases. The petitioner shall give
| 13 |
| security for all costs.
| 14 |
| In any contest involving the selection of nominees for the | 15 |
| office of State
representative, each candidate of the party and | 16 |
| district involved,
who is not a petitioner or a named defendant | 17 |
| in the contest, shall be given
notice of the contest at the | 18 |
| same time summons is issued to the defendants,
and any other | 19 |
| candidate may, upon application to the court within 5
days | 20 |
| after receiving such notice, be made a party to the contest.
| 21 |
| Any defendant may , within 5 days after service of process | 22 |
| upon him
or her, file a counterclaim in the same manner as in
| 23 |
| other civil cases
and shall give security for all costs | 24 |
| relating to
such counterclaim .
| 25 |
| Any party to such proceeding may have a substitution of | 26 |
| judge from the
judge to whom such contest is assigned for | 27 |
| hearing, where
he or she fears or has cause to believe such | 28 |
| judge is prejudiced against, or is
related to any of the | 29 |
| parties either by blood or by marriage.
Notice of the | 30 |
| application for such substitution of judge must be served upon
| 31 |
| the opposite party and filed with such judge not later than one | 32 |
| day
after such contest is assigned to such judge, Sundays and
| 33 |
| legal holidays excepted. No party shall be
entitled to more | 34 |
| than one substitution of judge in such proceeding.
| 35 |
| If, in the opinion of the court, in which the petition is | 36 |
| filed, the
grounds for contest alleged are insufficient in law |
|
|
|
HB2417 Engrossed |
- 19 - |
LRB094 09178 JAM 39411 b |
|
| 1 |
| the petition shall
be dismissed. If the grounds alleged are | 2 |
| sufficient in law, the court
shall proceed in a summary manner | 3 |
| and may hear evidence, examine the
returns, recount the ballots | 4 |
| and make such orders and enter such
judgment as justice may | 5 |
| require. In the case of a contest relating to
nomination for | 6 |
| the office of Representative in the General Assembly
where the | 7 |
| contestant received votes equal in number to at least 95% of
| 8 |
| the number of votes cast for any apparently successful | 9 |
| candidate for
nomination for that office by the same political | 10 |
| party, the court may
order a recount for the entire district | 11 |
| and may order the cost of such
recount to be borne by the | 12 |
| respective counties. The court shall
ascertain and declare by a | 13 |
| judgment to be entered of record, the result
of such election | 14 |
| in the territorial area
for which the contest is made . The | 15 |
| judgment of the court shall be
appealable as in other civil | 16 |
| cases. A certified copy of the judgment
shall forthwith be made | 17 |
| by the clerk of the court and transmitted to the
election | 18 |
| authority
board canvassing the returns for such office, and in | 19 |
| case of contest, if
for nomination for an office, tabulated | 20 |
| statements of returns for which
are filed with the State Board | 21 |
| of Elections, also in the office of the election
authorities | 22 |
| having jurisdiction
county clerk in the proper county . The | 23 |
| proper election authority or authorities
canvassing board, or
| 24 |
| boards , as the case may be, shall correct the returns or the | 25 |
| tabulated
statement of returns in accordance with the judgment.
| 26 |
| (Source: P.A. 84-1308.)
| 27 |
| (10 ILCS 5/22-1)
(from Ch. 46, par. 22-1)
| 28 |
| Sec. 22-1. Abstracts of votes. Within 21 days after the
| 29 |
| close of the
election at which candidates for offices | 30 |
| hereinafter named in this Section are
voted upon, the election | 31 |
| authorities
county clerks of the respective counties , with the | 32 |
| assistance
of the chairmen of the county central committees of | 33 |
| the Republican and
Democratic parties of the county, shall open | 34 |
| the returns and make abstracts of
the votes on a separate sheet | 35 |
| for each of the following:
|
|
|
|
HB2417 Engrossed |
- 20 - |
LRB094 09178 JAM 39411 b |
|
| 1 |
| A. For Governor and Lieutenant Governor;
| 2 |
| B. For State officers;
| 3 |
| C. For presidential electors;
| 4 |
| D. For United States Senators and Representatives to | 5 |
| Congress;
| 6 |
| E. For judges of the Supreme Court;
| 7 |
| F. For judges of the Appellate Court;
| 8 |
| G. For judges of the circuit court;
| 9 |
| H. For Senators and Representatives to the General | 10 |
| Assembly;
| 11 |
| I. For State's Attorneys elected from 2 or more counties;
| 12 |
| J. For amendments to the Constitution, and for other | 13 |
| propositions
submitted to the electors of the entire State;
| 14 |
| K. For county officers and for propositions submitted to | 15 |
| the
electors of the county only;
| 16 |
| L. For Regional Superintendent of Schools;
| 17 |
| M. For trustees of Sanitary Districts; and
| 18 |
| N. For Trustee of a Regional Board of School Trustees.
| 19 |
| Multiple originals of each of the sheets shall be prepared | 20 |
| and one of
each shall be turned over to the chairman of the | 21 |
| county central
committee of each of the then existing | 22 |
| established political parties, as
defined in Section 10-2, or | 23 |
| his duly authorized representative
immediately after the | 24 |
| completion of the entries on the sheets and before
the totals | 25 |
| have been compiled.
| 26 |
| The foregoing abstracts shall be preserved by the election | 27 |
| authority
county clerk in its
his office.
| 28 |
| Whenever any county chairman is also county clerk or | 29 |
| whenever any
county chairman is unable to canvass the vote,
| 30 |
| serve as a member of such canvassing board
the deputy county | 31 |
| clerk or a designee of the county clerk
vice-chairman or | 32 |
| secretary of his county central committee, in that
order, shall | 33 |
| serve in his or her place as member of such canvassing board;
| 34 |
| provided, that if none of these persons is able to serve, the | 35 |
| county
chairman may appoint a member of his county central | 36 |
| committee to serve
as a member of such canvassing board .
|
|
|
|
HB2417 Engrossed |
- 21 - |
LRB094 09178 JAM 39411 b |
|
| 1 |
| The powers and duties of the election authority canvassing | 2 |
| the votes
county canvassing board are limited to
those | 3 |
| specified in this Section. In no event shall such canvassing | 4 |
| board
open any package in which the ballots have been wrapped | 5 |
| or any envelope
containing "defective" or "objected to" | 6 |
| ballots, or in any manner
undertake to examine the ballots used | 7 |
| in the election, except as
provided in Section 22-9.1 or when | 8 |
| directed by a court in an election
contest. Nor shall such | 9 |
| canvassing board call in the precinct judges of
election or any | 10 |
| other persons to open or recount the ballots.
| 11 |
| (Source: P.A. 93-847, eff. 7-30-04.)
| 12 |
| (10 ILCS 5/22-8)
(from Ch. 46, par. 22-8)
| 13 |
| Sec. 22-8. In municipalities operating under Article 6 of | 14 |
| this Act,
within 21 days after the close of such election, a | 15 |
| judge of
the circuit
court, with the assistance of the city | 16 |
| attorney and the board of election
commissioners , who are | 17 |
| hereby declared a canvassing board for such city,
shall open | 18 |
| all returns left respectively, with the election | 19 |
| commissioners,
the county clerk, and city comptroller, and | 20 |
| shall make abstracts or
statements of the votes for all offices | 21 |
| and questions voted on at the election.
in the following | 22 |
| manner, as the case may require,
viz: All votes for Governor | 23 |
| and Lieutenant Governor on one sheet; all votes
for other State | 24 |
| officers on another sheet; all votes for presidential
electors | 25 |
| on another sheet; all votes for United States Senators and
| 26 |
| Representatives to Congress on another sheet; all votes for | 27 |
| judges of the
Supreme Court on another sheet; all votes for | 28 |
| judges of the Appellate Court
on another sheet; all votes for | 29 |
| Judges of the Circuit Court on another
sheet; all votes for | 30 |
| Senators and Representatives to the General Assembly
on another | 31 |
| sheet; all votes for State's Attorneys where elected from 2 or
| 32 |
| more counties on another sheet; all votes for County Officers | 33 |
| on another
sheet; all votes for City Officers on another sheet; | 34 |
| all votes for Town
Officers on another sheet; and all votes for | 35 |
| any other office on a separate
and appropriate sheet; all votes |
|
|
|
HB2417 Engrossed |
- 22 - |
LRB094 09178 JAM 39411 b |
|
| 1 |
| for any proposition, which may be
submitted to a vote of the | 2 |
| people, on another sheet, and all votes against
any | 3 |
| proposition, submitted to a vote of the people, on another | 4 |
| sheet.
| 5 |
| Multiple originals of each of the abstracts or statements
| 6 |
| sheets shall be prepared and one of
each shall be turned over | 7 |
| to the chairman of the county central committee
of each of the | 8 |
| then existing established political parties, as defined in
| 9 |
| Section 10-2 , or his duly authorized representative | 10 |
| immediately after the
completion of the entries on the sheets | 11 |
| and before the totals have been
compiled .
| 12 |
| (Source: P.A. 93-847, eff. 7-30-04.)
| 13 |
| (10 ILCS 5/22-9) (from Ch. 46, par. 22-9)
| 14 |
| Sec. 22-9. It shall be the duty of the election authority
| 15 |
| such Board of Canvassers to canvass , and add up
and declare the | 16 |
| result of every election hereafter held within the
boundaries | 17 |
| of such city, village or incorporated town , operating under
| 18 |
| Article 6 of this Act . The election authority shall file , and | 19 |
| the judge of the circuit court shall thereupon
enter of record | 20 |
| such abstract and result, and a certified copy of the
such
| 21 |
| record shall thereupon be filed with the County Clerk of the | 22 |
| county; and
such abstracts or results shall be treated, by the | 23 |
| County Clerk in all
respects, as if made by the election | 24 |
| authority
Canvassing Board now provided by the foregoing
| 25 |
| sections of this law, and he shall transmit the same , by | 26 |
| facsimile, e-mail, or any other electronic means, to the State | 27 |
| Board of
Elections, or other proper officer, as required | 28 |
| hereinabove.
The county clerk or board of election | 29 |
| commissioners, as the case may be,
shall also send the
abstract | 30 |
| and result in a sealed envelope addressed to the State Board of
| 31 |
| Elections via
overnight mail so it arrives at the address the | 32 |
| following calendar day.
And such
abstracts or results so | 33 |
| entered and declared by such judge , and a certified
copy | 34 |
| thereof, shall be treated everywhere within the state, and by | 35 |
| all
public officers, with the same binding force and effect as |
|
|
|
HB2417 Engrossed |
- 23 - |
LRB094 09178 JAM 39411 b |
|
| 1 |
| the abstract of
votes now authorized by the foregoing | 2 |
| provisions of this Act.
| 3 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 4 |
| (10 ILCS 5/22-9.1) (from Ch. 46, par. 22-9.1)
| 5 |
| Sec. 22-9.1. Within 5 days after the last day for | 6 |
| proclamation of the results of any
canvass declaring persons | 7 |
| nominated, elected or declared eligible for a
runoff election | 8 |
| for any office or declaring the
adoption or rejection of a | 9 |
| question of public policy, the following
persons may file a | 10 |
| petition for discovery:
| 11 |
| (a) any candidate who, in the entire area in which votes | 12 |
| may be cast
for the office for which he is a candidate, | 13 |
| received votes equal in
number to at least 95% of the number of | 14 |
| votes cast for any successful
candidate for the same office; | 15 |
| and
| 16 |
| (b) any 5 electors of the same area within which votes may | 17 |
| be cast
on a question of public policy, if the results of the | 18 |
| canvass are such
that the losing side on the question would | 19 |
| have been the prevailing side
had it received an additional | 20 |
| number of votes equal to 5% of the total
number of votes cast | 21 |
| on the question.
| 22 |
| A petition under this Section shall be filed with the | 23 |
| election authority
for purposes of
discovery only. The petition | 24 |
| shall ask that ballots, voting machines,
or ballot cards - as | 25 |
| the case may be - shall be examined, that any
automatic | 26 |
| tabulating equipment shall be tested, and that ballots,
| 27 |
| recorded votes, or ballot cards - as the case may be - shall be | 28 |
| counted
in specified precincts, not exceeding 25% of the
total | 29 |
| number of precincts within the jurisdiction
of the election | 30 |
| authority. Where there are fewer than 4 precincts under
the | 31 |
| jurisdiction of the election authority and within the area in | 32 |
| which
votes could be cast
in the election in connection with | 33 |
| which the petition has been filed,
discovery shall be permitted | 34 |
| in one of such precincts.
| 35 |
| A petition filed under this Section shall be accompanied by |
|
|
|
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| 1 |
| the
payment of a fee of $10.00 per precinct specified.
All such | 2 |
| fees shall be paid by the election authority into the county or | 3 |
| city
treasury, as the case may be.
| 4 |
| Upon receipt of such petition the county canvassing board | 5 |
| or board of election
commissioners shall reconvene. Where
a | 6 |
| local canvassing board, as provided in Section 22-17, has | 7 |
| jurisdiction, the election
authority shall notify the chairman | 8 |
| of such board who shall reconvene such
board in the office of | 9 |
| the election authority or other location designated
by the | 10 |
| election authority.
| 11 |
| After 3 days notice in writing to the successful candidate | 12 |
| for the
same office or, in the case of a question of public | 13 |
| policy, such
notice as will reasonably inform interested | 14 |
| persons of the time and
place of the discovery proceedings, the | 15 |
| election authority
such board shall examine the
ballots, voting | 16 |
| machines, ballot cards, voter affidavits and applications
for | 17 |
| ballot, test the automatic
tabulating equipment, and count the | 18 |
| ballots, recorded votes, and ballot
cards in the specified | 19 |
| election districts or precincts. At the request
of any | 20 |
| candidate entitled to participate in the discovery | 21 |
| proceedings, the
election authority shall also make available | 22 |
| for examination the ballot
applications and voter affidavits | 23 |
| for the specified precincts. Each candidate
affected by such | 24 |
| examination shall have the right to attend the same in
person | 25 |
| or by his representative. In the case of a question of public
| 26 |
| policy, the board shall permit an equal number of acknowledged
| 27 |
| proponents and acknowledged opponents to attend the | 28 |
| examination.
| 29 |
| On completion of the count of any ballots in each district | 30 |
| or
precinct, the ballots shall be secured and sealed in the | 31 |
| same manner
required of judges of election by Sections 7-54 and | 32 |
| 17-20 of the Election Code.
The handling of the ballots in | 33 |
| accord with this Section shall not of
itself affect the | 34 |
| admissibility in evidence of the ballots in any other
| 35 |
| proceedings, either legislative or judicial.
| 36 |
| The results of the examination and count shall not be |
|
|
|
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| 1 |
| certified, used
to amend or change the abstracts of the votes | 2 |
| previously completed, used
to deny the successful candidate for | 3 |
| the same office his certificate of
nomination or election, nor | 4 |
| used to change the previously declared result of the vote
on a | 5 |
| question of public policy. Such count shall not be binding in | 6 |
| an
election contest brought about under the provisions of the | 7 |
| Election
Code, shall not be a prerequisite to bringing such an | 8 |
| election contest,
shall not prevent the bringing of such an | 9 |
| election contest, nor shall it
affect the results of the | 10 |
| canvass previously proclaimed.
| 11 |
| (Source: P.A. 84-966.)
| 12 |
| (10 ILCS 5/22-12) (from Ch. 46, par. 22-12)
| 13 |
| Sec. 22-12. In the canvass of such votes by the election
| 14 |
| authority
canvassing board , provided
in section 22-8 hereof, | 15 |
| the election
authority
said board shall declare who is elected | 16 |
| to any
city or town office. In the case of a tie in the election | 17 |
| to any city, or
to any office voted for only within the | 18 |
| territory of such city, it shall be
determined by lot, in such | 19 |
| manner as such canvassers shall direct, which
candidate or | 20 |
| candidates shall hold the office, and thereupon the person in
| 21 |
| whose favor it shall result, shall be declared elected by the | 22 |
| order entered
in the court as aforesaid.
| 23 |
| (Source: Laws 1967, p. 3843.)
| 24 |
| (10 ILCS 5/22-15) (from Ch. 46, par. 22-15)
| 25 |
| Sec. 22-15. The election
authority
county clerk or board of | 26 |
| election commissioners shall, upon request,
and by mail if so | 27 |
| requested, furnish free of charge to any candidate for any
| 28 |
| State office, including State Senator and Representative in the | 29 |
| General
Assembly, and any candidate for congressional office, | 30 |
| whose name appeared
upon the ballot within the jurisdiction of
| 31 |
| the election
authority
county clerk or board of election | 32 |
| commissioners , a copy of the abstract
of votes by precinct for | 33 |
| all candidates for the office for which such
person was a | 34 |
| candidate. Such abstract shall be furnished no later than 2
|
|
|
|
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|
| 1 |
| days after the receipt of the request or 8 days after the | 2 |
| completing of the
canvass, whichever is later.
| 3 |
| Within one calendar day following the canvass and
| 4 |
| proclamation of each general
primary election and general | 5 |
| election, each election authority shall transmit
to the | 6 |
| principal office of the State Board of Elections copies of the | 7 |
| abstracts
of votes by precinct for the above-named offices and | 8 |
| for the offices of
ward, township, and precinct committeeman | 9 |
| via overnight mail so that the
abstract of votes arrives at the | 10 |
| address the following calendar day. Each
election authority | 11 |
| shall
also transmit to the principal office of the State Board | 12 |
| of Elections copies
of current precinct poll lists.
| 13 |
| (Source: P.A. 93-574, eff. 8-21-03.)
| 14 |
| (10 ILCS 5/22-17)
(from Ch. 46, par. 22-17)
| 15 |
| Sec. 22-17. (a) Except as provided in subsection (b),
the | 16 |
| canvass of votes cast at the nonpartisan and consolidated | 17 |
| elections
shall be conducted by the election authority
| 18 |
| following canvassing boards within 21 days
after the close of | 19 |
| such elections . :
| 20 |
| 1. For city offices, by the mayor, the city attorney | 21 |
| and the city
clerk.
| 22 |
| 2. For village and incorporated town offices, by the | 23 |
| president of
the board of trustees, one member of the board | 24 |
| of trustees, and the
village or incorporated town clerk.
| 25 |
| 3. For township offices, by the township supervisor, | 26 |
| the eligible town
trustee elected in the township who has | 27 |
| the longest term of continuous
service as town trustee, and | 28 |
| the township clerk.
| 29 |
| 4. For road district offices, by the highway | 30 |
| commissioner and the
road district clerk.
| 31 |
| 5. For school district or community college district | 32 |
| offices, by the
school or community college district board.
| 33 |
| 6. For special district elected offices, by the board | 34 |
| of the special
district.
| 35 |
| 7. For multi-county educational service region |
|
|
|
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LRB094 09178 JAM 39411 b |
|
| 1 |
| offices, by the
regional board of school trustees.
| 2 |
| 8. For township trustee of schools or land | 3 |
| commissioner, by the
township trustees of schools or land | 4 |
| commissioners.
| 5 |
| 9. For park district offices, by the president of the | 6 |
| park board, one
member of the board of park commissioners | 7 |
| and the secretary of the park
district.
| 8 |
| 10. For multi-township assessment districts, by the | 9 |
| chairman,
clerk, and assessor of the multi-township | 10 |
| assessment district.
| 11 |
| (b) The board of election commissioners as
city canvassing | 12 |
| board provided in Section 22-8 shall canvass
the votes cast at | 13 |
| the nonpartisan and consolidated elections for offices
of any | 14 |
| political subdivision entirely within the jurisdiction of a
| 15 |
| municipal board of election commissioners.
| 16 |
| (c) The canvass of votes cast upon any public questions | 17 |
| submitted to
the voters of any political subdivision, or any | 18 |
| precinct or combination of
precincts within a political | 19 |
| subdivision, at any regular election or at
any emergency | 20 |
| referendum election, including votes cast by voters
outside of | 21 |
| the political subdivision where the question is for
annexation | 22 |
| thereto, shall be canvassed by the same election
authority as
| 23 |
| board provided for in
this Section for the canvass of votes of | 24 |
| the officers of such political
subdivision. However, referenda | 25 |
| conducted throughout a county and
referenda of sanitary | 26 |
| districts whose officers are elected at general
elections shall | 27 |
| be canvassed by the county clerk
canvassing board . The votes
| 28 |
| cast on a public question for the formation of a political | 29 |
| subdivision
shall be canvassed by the relevant election | 30 |
| authority and filed with the circuit court that ordered the | 31 |
| question
submitted , or by such officers of the court as may be | 32 |
| appointed for such
purpose, except where in the formation or | 33 |
| reorganization of a school
district or districts the regional | 34 |
| superintendent of schools is
designated by law as the | 35 |
| canvassing official .
| 36 |
| (d) The canvass of votes for offices of political |
|
|
|
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LRB094 09178 JAM 39411 b |
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| 1 |
| subdivisions cast
at special elections to fill vacancies held | 2 |
| on the day of any regular
election shall be conducted by the | 3 |
| election
authority
canvassing board which is responsible
for | 4 |
| canvassing the votes at the regularly scheduled election for | 5 |
| such office.
| 6 |
| (Source: P.A. 93-847, eff. 7-30-04.)
| 7 |
| (10 ILCS 5/22-18) (from Ch. 46, par. 22-18)
| 8 |
| Sec. 22-18. The canvass of votes and the proclamation
of | 9 |
| results by the election
authority
local canvassing boards | 10 |
| provided in Section 22-17
shall be conducted in accordance with | 11 |
| the procedures and
requirements otherwise provided in this | 12 |
| Article. Each local canvassing
board shall immediately | 13 |
| transmit A signed copy or original duplicate of
its completed | 14 |
| abstract of votes must be transmitted to each election | 15 |
| authority having
jurisdiction over any of the territory of the | 16 |
| respective political
subdivision , and transmitted, by
| 17 |
| facsimile, e-mail, or any other electronic means, to the State | 18 |
| Board of Elections in the same manner as
provided in Section | 19 |
| 22-5.
| 20 |
| The county clerk shall make out a certificate of election | 21 |
| to each
person declared elected to an office by the election
| 22 |
| authorities
such local canvassing boards,
and transmit such | 23 |
| certificate to the person so entitled, upon his
application. | 24 |
| For political subdivisions whose territory extends into
more | 25 |
| than one county, the certificates of election shall be issued | 26 |
| by
the county clerk of the county which contains the principal | 27 |
| office of
the political subdivision.
| 28 |
| Whenever an election
authority
a canvassing board | 29 |
| canvasses the votes cast upon a public
question submitted to | 30 |
| referendum pursuant to a court order, the election
authority
| 31 |
| board
shall immediately transmit a signed copy or an original | 32 |
| duplicate of its
completed abstract of the votes to the court | 33 |
| which ordered the
referendum.
| 34 |
| (Source: P.A. 81-1050.)
|
|
|
|
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|
| 1 |
| (10 ILCS 5/23-23) (from Ch. 46, par. 23-23)
| 2 |
| Sec. 23-23. The case shall be tried in like manner as other | 3 |
| civil cases,
and may be heard and determined by the court at | 4 |
| any time not less than 10
days after service of process, or at | 5 |
| any time after the defendant is
required by notification to | 6 |
| appear, and shall have preference in the order
of hearing to | 7 |
| all other cases. The court may make and enforce all necessary
| 8 |
| orders for the preservation and production of the ballots, poll | 9 |
| books,
tally papers, returns, registers and other papers or | 10 |
| evidence that may bear
upon the contest.
| 11 |
| Whenever a petition for a recount has been filed as | 12 |
| provided in this
Article, any opposing candidate or any | 13 |
| elector, under like provisions and
in like manner may file a | 14 |
| petition within 10 days after the completion of
the canvass of | 15 |
| the precincts specified in the petition for a further
recount | 16 |
| of the votes cast in any or all of the balance of the precincts | 17 |
| in
the county, municipality or other political subdivision, as | 18 |
| the case may be.
| 19 |
| In event the court, in any such case, is of the opinion | 20 |
| that such action will
expedite hearing and determination of the | 21 |
| contest, the court may appoint a
Board of Election | 22 |
| Commissioners or a Canvassing Board, as the case may be, and
| 23 |
| refer the case to the election authority
it to recount the | 24 |
| ballots, to take testimony and other
evidence, to examine the | 25 |
| election returns, to make a record of all objections
to be | 26 |
| heard by the court that may be made to the election returns or | 27 |
| to any of
them or to any ballots cast or counted, and to take | 28 |
| all necessary steps and do
all necessary things to determine | 29 |
| the true and correct result of the election
and to make report | 30 |
| thereof to the court. The election authority
Such Board of | 31 |
| Election Commissioners
or Canvassing Board, as the case may be, | 32 |
| shall have authority to count the
ballots or cause the same to | 33 |
| be counted under its supervision and direction, to
conduct such | 34 |
| hearing or hearings as may be necessary and proper, to apply to
| 35 |
| the court in the manner provided by law for the issuance of | 36 |
| subpoenas or for
any other appropriate order or orders to |
|
|
|
HB2417 Engrossed |
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LRB094 09178 JAM 39411 b |
|
| 1 |
| compel the attendance of witnesses,
and to take such steps and | 2 |
| perform such duties and acts in connection with the
conduct of | 3 |
| any such hearing or hearings as may be necessary. The election | 4 |
| authority
Such Board of
Election Commissioners or Canvassing | 5 |
| Board, as the case may be, may, with the
approval of the court, | 6 |
| employ such assistants as may be necessary and proper to
| 7 |
| provide for counting the ballots, examining the election | 8 |
| returns and for taking
all necessary steps and doing all | 9 |
| necessary things to determine the true and
correct result of | 10 |
| the election under the direction and supervision of the | 11 |
| election authority
Board
of Election Commissioners or the | 12 |
| Canvassing Board, as the case may be . The election authority
| 13 |
| Such
Board of Election Commissioners or the Canvassing Board, | 14 |
| as the case may be,
shall receive such compensation for its | 15 |
| services and such allowances for the
services of its assistants | 16 |
| and for reimbursement of expenses incurred by it as
shall be | 17 |
| approved by the court, and all such compensation and allowances | 18 |
| when
approved by the court shall be taxed and allowed as costs | 19 |
| in such cause. The
court may from time to time, upon the | 20 |
| court's own motion or upon the
application of the election | 21 |
| authority
Board of Election Commissioners or the Canvassing | 22 |
| Board, as
the case may be, or of any party to said cause, | 23 |
| require the parties to the
cause or any of them to deposit such | 24 |
| amounts of money with the court as
security for costs as the | 25 |
| court may deem reasonable and proper.
| 26 |
| Any petitioner may amend his petition at any time before | 27 |
| the completion
of the recount by withdrawing his request for a | 28 |
| recount of certain
precincts, or by requesting a recount of | 29 |
| additional specified precincts.
The petitioner shall deposit | 30 |
| or shall cause to be deposited, such amounts
of money as the | 31 |
| court may require as security for costs for such additional
| 32 |
| precincts as the court may deem reasonable and proper.
| 33 |
| Any money deposited as security for costs by a petitioner | 34 |
| contesting an
election must be returned to such petitioner if | 35 |
| the judgment of the court
is to annul the election or to | 36 |
| declare as elected someone other than the
person whose election |
|
|
|
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LRB094 09178 JAM 39411 b |
|
| 1 |
| is contested.
| 2 |
| Any money deposited as security for costs by a petitioner | 3 |
| in opposition
to a petition contesting an election must be | 4 |
| returned to such petitioner if
the judgment of the court is to | 5 |
| confirm the election or to declare as
elected the person whose | 6 |
| election is contested.
| 7 |
| (Source: P.A. 78-255; 78-891; 78-1297.)
| 8 |
| (10 ILCS 5/22-1.2 rep.)
| 9 |
| (10 ILCS 5/22-14 rep.)
| 10 |
| Section 10. The Election Code is amended by repealing | 11 |
| Sections 22-1.2 and 22-14.
|
|