Full Text of SB1445 94th General Assembly
SB1445 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB1445
Introduced 2/23/2005, by Sen. Ira I. Silverstein SYNOPSIS AS INTRODUCED: |
|
10 ILCS 5/1-8 new |
|
10 ILCS 5/6-9 |
from Ch. 46, par. 6-9 |
10 ILCS 5/6-11 |
from Ch. 46, par. 6-11 |
10 ILCS 5/6-74 |
from Ch. 46, par. 6-74 |
10 ILCS 5/7-56 |
from Ch. 46, par. 7-56 |
10 ILCS 5/7-58 |
from Ch. 46, par. 7-58 |
10 ILCS 5/7-59 |
from Ch. 46, par. 7-59 |
10 ILCS 5/7-60 |
from Ch. 46, par. 7-60 |
10 ILCS 5/7-60.1 |
from Ch. 46, par. 7-60.1 |
10 ILCS 5/7-63 |
from Ch. 46, par. 7-63 |
10 ILCS 5/22-1 |
from Ch. 46, par. 22-1 |
10 ILCS 5/22-8 |
from Ch. 46, par. 22-8 |
10 ILCS 5/22-9 |
from Ch. 46, par. 22-9 |
10 ILCS 5/22-9.1 |
from Ch. 46, par. 22-9.1 |
10 ILCS 5/22-12 |
from Ch. 46, par. 22-12 |
10 ILCS 5/22-15 |
from Ch. 46, par. 22-15 |
10 ILCS 5/22-17 |
from Ch. 46, par. 22-17 |
10 ILCS 5/22-18 |
from Ch. 46, par. 22-18 |
10 ILCS 5/22-1.2 rep. |
|
10 ILCS 5/22-14 rep. |
|
65 ILCS 20/21-27 |
from Ch. 24, par. 21-27 |
|
Amends the Election Code. Abolishes local canvassing
boards and provides that canvasses must be done by election
authorities. Requires
election authorities to transmit, by fax, e-mail, or other
electronic means, a certificate of the results of
the election to the State Board of Elections. Amends the Revised
Cities and Villages Act of 1941. Provides that recounts for
the office of alderman in the City of Chicago must be filed
and conducted in accordance with the Election Code (instead
of within 5 days after the election).
|
| |
|
|
A BILL FOR
|
|
|
|
|
SB1445 |
|
LRB094 10955 JAM 41540 b |
|
| 1 |
| AN ACT concerning elections.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| 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, and 22-18 and by | 7 |
| 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
| 11 |
| 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.
| 22 |
| (10 ILCS 5/6-9) (from Ch. 46, par. 6-9)
| 23 |
| Sec. 6-9. After ascertaining and announcing the result as | 24 |
| aforesaid,
such judges shall make, fill up and sign duplicate
| 25 |
| 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 |
|
|
|
SB1445 |
- 2 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| 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
| 4 |
| 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
| 13 |
| 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
| 21 |
| as
canvassing
board herein provided.
| 22 |
| (Source: P.A. 80-704.)
| 23 |
| (10 ILCS 5/6-11) (from Ch. 46, par. 6-11)
| 24 |
| 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
| 28 |
| 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
| 35 |
| board by the officers, so having either of them in his |
|
|
|
SB1445 |
- 3 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| 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
| 21 |
| 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
| 27 |
| 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
| 33 |
| ascertained cast for, and the number of votes cast against such
| 34 |
| 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 |
|
|
|
SB1445 |
- 4 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| 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
| 5 |
| elections in such city, and for the electors thereof, and all | 6 |
| courts and
other persons shall take notice thereof.
| 7 |
| (Source: Laws 1965, p. 3481.)
| 8 |
| (10 ILCS 5/6-74) (from Ch. 46, par. 6-74)
| 9 |
| 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
| 15 |
| 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.
| 20 |
| (Source: Laws 1957, p. 1450.)
| 21 |
| (10 ILCS 5/7-56) (from Ch. 46, par. 7-56)
| 22 |
| 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 :
| 26 |
| 1. In the case of the nomination of candidates for city | 27 |
| offices, by
the mayor, the city attorney and the city clerk.
| 28 |
| 2. In the case of nomination of candidates for village
| 29 |
| offices, by the president of the board of trustees,
one member | 30 |
| of the board of trustees, and the village clerk.
| 31 |
| 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 |
|
|
|
SB1445 |
- 5 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| town.
| 2 |
| 3.5. For multi-township assessment districts, by the | 3 |
| chairman, clerk,
and assessor of the multi-township assessment | 4 |
| district.
| 5 |
| 4. For road district offices, by the highway commissioner | 6 |
| and the road
district clerk.
| 7 |
| 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
| 16 |
| 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
| 26 |
| 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.
| 35 |
| 6. In the case of the nomination or election of candidates | 36 |
| for offices,
including President of the United States and the |
|
|
|
SB1445 |
- 6 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| 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
| 11 |
| 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.
| 15 |
| 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
| 19 |
| nomination for any municipal office, tabulated statements of | 20 |
| the returns of
such primary shall be made to the county clerk.
| 21 |
| 8. Within 48 hours of conducting a canvass, as required
by | 22 |
| this Code,
the delivery of complete returns of the consolidated
| 23 |
| 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
| 28 |
| 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 |
|
|
|
SB1445 |
- 7 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| close of the consolidated primary.
| 2 |
| (Source: P.A. 87-1052.)
| 3 |
| (10 ILCS 5/7-58) (from Ch. 46, par. 7-58)
| 4 |
| Sec. 7-58. Each county clerk or board of election
| 5 |
| 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.
| 24 |
| The State Board of Elections shall issue a certificate of
| 25 |
| election to each of the persons shown by the returns and the
| 26 |
| 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 |
|
|
|
SB1445 |
- 8 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| 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
| 3 |
| 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.
| 7 |
| (Source: P.A. 84-1308.)
| 8 |
| (10 ILCS 5/7-59) (from Ch. 46, par. 7-59)
| 9 |
| 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
| 16 |
| 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.
| 19 |
| 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.
| 24 |
| 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
| 32 |
| 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 |
|
|
|
SB1445 |
- 9 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| of their party.
| 2 |
| 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.
| 12 |
| 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
| 18 |
| 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.
| 21 |
| 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.
| 24 |
| 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.
| 32 |
| 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 |
|
|
|
SB1445 |
- 10 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| 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
| 9 |
| 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.
| 12 |
| (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.
| 17 |
| 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.
| 21 |
| 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.
| 24 |
| (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 |
|
|
|
SB1445 |
- 11 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| were
printed on the primary ballot for nomination for or | 2 |
| election to the same
office.
| 3 |
| (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.
| 9 |
| (Source: P.A. 89-653, eff. 8-14-96.)
| 10 |
| (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| 11 |
| 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.
| 21 |
| 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
| 25 |
| 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 |
|
|
|
SB1445 |
- 12 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| 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 |
|
|
|
SB1445 |
- 13 - |
LRB094 10955 JAM 41540 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 |
|
|
|
SB1445 |
- 14 - |
LRB094 10955 JAM 41540 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 |
|
|
|
SB1445 |
- 15 - |
LRB094 10955 JAM 41540 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 |
|
|
|
SB1445 |
- 16 - |
LRB094 10955 JAM 41540 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;
|
|
|
|
SB1445 |
- 17 - |
LRB094 10955 JAM 41540 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 |
|
|
|
SB1445 |
- 18 - |
LRB094 10955 JAM 41540 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 |
|
|
|
SB1445 |
- 19 - |
LRB094 10955 JAM 41540 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:
|
|
|
|
SB1445 |
- 20 - |
LRB094 10955 JAM 41540 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 .
|
|
|
|
SB1445 |
- 21 - |
LRB094 10955 JAM 41540 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 |
|
|
|
SB1445 |
- 22 - |
LRB094 10955 JAM 41540 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 |
|
|
|
SB1445 |
- 23 - |
LRB094 10955 JAM 41540 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 |
|
|
|
SB1445 |
- 24 - |
LRB094 10955 JAM 41540 b |
|
| 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 |
|
|
|
SB1445 |
- 25 - |
LRB094 10955 JAM 41540 b |
|
| 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
|
|
|
|
SB1445 |
- 26 - |
LRB094 10955 JAM 41540 b |
|
| 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 |
|
|
|
SB1445 |
- 27 - |
LRB094 10955 JAM 41540 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 |
|
|
|
SB1445 |
- 28 - |
LRB094 10955 JAM 41540 b |
|
| 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.)
|
|
|
|
SB1445 |
- 29 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| (10 ILCS 5/22-1.2 rep.)
| 2 |
| (10 ILCS 5/22-14 rep.)
| 3 |
| Section 10. The Election Code is amended by repealing | 4 |
| Sections 22-1.2 and 22-14. | 5 |
| Section 15. The Revised Cities and Villages Act of 1941 is | 6 |
| amended by changing Section 21-27 as follows:
| 7 |
| (65 ILCS 20/21-27) (from Ch. 24, par. 21-27)
| 8 |
| Sec. 21-27. Election contest-Complaint. Any candidate
| 9 |
| whose name appears on the ballots used in any ward of the city | 10 |
| at any election
for alderman, may contest the election of the | 11 |
| candidate who appears to be
elected from such ward on the face | 12 |
| of the returns, or may contest the right
of the candidates who | 13 |
| appear to have received the highest and second highest
number | 14 |
| of votes to places on the official ballot at any supplementary | 15 |
| election in accordance with the Election
Code. ,
by filing | 16 |
| within 5 days after such election with the Clerk of the Circuit
| 17 |
| Court of Cook County, a
complaint in writing, verified by the | 18 |
| candidate making the contest, setting
forth the grounds of the | 19 |
| contest. The contestant in each contest shall also
serve notice | 20 |
| on all persons who were candidates for alderman of such ward
at | 21 |
| the election, within such 5 days, informing them that such | 22 |
| complaint has
been or will be filed. The Circuit Court of Cook | 23 |
| County shall
have jurisdiction to hear and determine such | 24 |
| contest. All proceedings in
relation to such contest after the | 25 |
| filing of such complaint shall be the
same, as near as may be, | 26 |
| as provided for in the case of a contest at a
primary election | 27 |
| in such city. In case the court shall decide that the
complaint | 28 |
| is insufficient in law, or that the candidate who appears to | 29 |
| have
been elected on the face of the return has been duly | 30 |
| elected, the complaint
shall be dismissed. If it shall appear | 31 |
| to the satisfaction of the court
that the face of the returns | 32 |
| are not correct, and that the candidate who
appears thereby to | 33 |
| have been elected was not in fact elected, then the
candidates | 34 |
| having the highest and second highest number of votes as
|
|
|
|
SB1445 |
- 30 - |
LRB094 10955 JAM 41540 b |
|
| 1 |
| determined by such contest shall be candidates at the | 2 |
| subsequent
supplementary election as provided for in section | 3 |
| 21-26.
| 4 |
| (Source: P.A. 83-334.)
|
|