Full Text of HB4467 102nd General Assembly
HB4467 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB4467 Introduced 1/21/2022, by Rep. Mark Batinick SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/16-3 | from Ch. 46, par. 16-3 | 10 ILCS 5/16-3.1 new | | 10 ILCS 5/16-4.1 | from Ch. 46, par. 16-4.1 |
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Amends the Election Code. Provides that, when the names of candidates in a primary election, general election, or consolidated election to be voted for in each election district or precinct are printed on one ballot, the order of names for each office shall be set forth in random order within each election district or precinct. Provides that, to the extent that it is mathematically possible, each random order shall be different between all of the precincts or election districts that are electing the name or names contained in each race on the ballot. Provides that, before the names of the candidates of the several political parties are certified by the State Board of Elections to the several county clerks, the State Board of Elections shall follow the randomization requirements before certifying. Provides that the State Board of Elections shall select a vendor for a computer software program that shall be used by each election authority and the State Board of Elections to conduct the randomization for election contests. Makes conforming changes. Effective immediately
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 16-3, 16-4.1 and by adding Section 16-3.1 as follows:
| 6 | | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| 7 | | Sec. 16-3. (a) The names of all candidates to be voted for | 8 | | in each
election district or precinct shall be printed on one | 9 | | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 | 10 | | of this Act and except as otherwise
provided in this Act with | 11 | | respect to the odd year regular elections and
the emergency | 12 | | referenda; all nominations
of any political party being placed | 13 | | under the party appellation or title
of such party as | 14 | | designated in the certificates of nomination or
petitions. The | 15 | | names of all independent candidates shall be printed upon
the | 16 | | ballot in a column or columns under the heading "independent"
| 17 | | arranged under the names or titles of the respective offices | 18 | | for which
such independent candidates shall have been | 19 | | nominated and so far as
practicable, the name or names of any | 20 | | independent candidate or
candidates for any office shall be | 21 | | printed upon the ballot opposite the
name or names of any | 22 | | candidate or candidates for the same office
contained in any | 23 | | party column or columns upon said ballot. The ballot
shall |
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| 1 | | contain no other names, except that in cases of electors for
| 2 | | President and Vice-President of the United States, the names | 3 | | of the
candidates for President and Vice-President may be | 4 | | added to the party
designation and words calculated to aid the | 5 | | voter in his choice of candidates
may be added, such as "Vote | 6 | | for one," "Vote for not more than three." If no candidate or | 7 | | candidates file for an office and if no person or persons file | 8 | | a declaration as a write-in candidate for that office, then | 9 | | below the title of that office the election authority instead | 10 | | shall print "No Candidate". When an electronic
voting system | 11 | | is used which utilizes a ballot label booklet, the candidates
| 12 | | and questions shall appear on the pages of such booklet in the | 13 | | order
provided by this Code; and, in any case where candidates | 14 | | for an office
appear on a page which does not contain the name | 15 | | of any candidate for
another office, and where less than 50% of | 16 | | the page is utilized, the name of
no candidate shall be printed | 17 | | on the lowest 25% of such page. On the back or
outside of the | 18 | | ballot, so as to appear when folded, shall be printed the words
| 19 | | "Official Ballot", followed by the designation of the polling | 20 | | place for
which the ballot is prepared, the date of the | 21 | | election and a facsimile
of the signature of the election | 22 | | authority who has caused the ballots to
be printed. The | 23 | | ballots shall be of plain white paper, through which the
| 24 | | printing or writing cannot be read. However, ballots for use | 25 | | at the
nonpartisan and consolidated elections may be printed | 26 | | on different color
paper, except blue paper, whenever |
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| 1 | | necessary or desirable to facilitate
distinguishing between | 2 | | ballots for different political subdivisions. In
the case of | 3 | | nonpartisan elections for officers of a political
subdivision, | 4 | | unless the statute or an ordinance adopted pursuant to
Article | 5 | | VII of the Constitution providing the form of government
| 6 | | therefor requires otherwise, the column listing such | 7 | | nonpartisan
candidates shall be printed with no appellation or | 8 | | circle at its head.
The party appellation or title, or the word | 9 | | "independent" at the head of
any column provided for | 10 | | independent candidates, shall be printed in letters not less | 11 | | than one-fourth of an inch in height
and a
circle one-half inch | 12 | | in diameter shall be printed at the beginning of
the line in | 13 | | which such appellation or title is printed, provided,
however, | 14 | | that no such circle shall be printed at the head of any column
| 15 | | or columns provided for such independent candidates. The names | 16 | | of
candidates shall be printed in letters not less than | 17 | | one-eighth
nor more than one-fourth of an inch in height, and | 18 | | at the beginning of
each line in which a name of a candidate is | 19 | | printed a square shall be
printed, the sides of which shall be | 20 | | not less than one-fourth of an inch
in length. However, the | 21 | | names of the candidates for Governor and
Lieutenant Governor | 22 | | on the same ticket shall be printed within a bracket
and a | 23 | | single square shall be printed in front of the bracket. The | 24 | | list
of candidates of the several parties and any such list of | 25 | | independent
candidates shall be placed in separate columns on | 26 | | the ballot in such
order as provided in Section 16-3.1 the |
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| 1 | | election authorities charged with the printing of the
ballots | 2 | | shall decide ; provided, that the names of the candidates of | 3 | | the
several political parties, certified by the State Board of | 4 | | Elections to
the several county clerks shall be printed by the | 5 | | county clerk of the
proper county on the official ballot in the | 6 | | order certified by the State
Board of Elections. Any county | 7 | | clerk refusing, neglecting or failing to
print on the official | 8 | | ballot the names of candidates of the several
political | 9 | | parties in the order certified by the State Board of
| 10 | | Elections, and any county clerk who prints or causes to be | 11 | | printed upon
the official ballot the name of a candidate, for | 12 | | an office to be filled
by the Electors of the entire State, | 13 | | whose name has not been duly
certified to him upon a | 14 | | certificate signed by the State Board of
Elections shall be | 15 | | guilty of a Class C misdemeanor.
| 16 | | (b) When an electronic voting system is used which | 17 | | utilizes a ballot
card,
on the inside flap of each ballot card | 18 | | envelope there shall be printed
a form for write-in voting | 19 | | which shall be substantially as follows:
| 20 | | WRITE-IN VOTES
| 21 | | (See card of instructions for specific information. | 22 | | Duplicate form below
by hand for additional write-in votes.)
| 23 | | _____________________________
| 24 | | Title of Office
| 25 | | ( ) ____________________________
| 26 | | Name of Candidate
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| 1 | | Write-in lines equal to the number of candidates for which | 2 | | a voter may vote shall be printed for an office only if one or | 3 | | more persons filed declarations of intent to be write-in | 4 | | candidates or qualify to file declarations to be write-in | 5 | | candidates under Sections 17-16.1 and 18-9.1 when the | 6 | | certification of ballot contains the words "OBJECTION | 7 | | PENDING".
| 8 | | (c) When an electronic voting system is used which uses a | 9 | | ballot sheet,
the
instructions to voters on the ballot sheet | 10 | | shall refer the voter to the
card of instructions for specific | 11 | | information on write-in voting. Below
each office appearing on | 12 | | such ballot sheet there shall be a provision for
the casting of | 13 | | a write-in vote. Write-in lines equal to the number of | 14 | | candidates for which a voter may vote shall be printed for an | 15 | | office only if one or more persons filed declarations of | 16 | | intent to be write-in candidates or qualify to file | 17 | | declarations to be write-in candidates under Sections 17-16.1 | 18 | | and 18-9.1 when the certification of ballot contains the words | 19 | | "OBJECTION PENDING".
| 20 | | (d) When such electronic system is used, there shall be | 21 | | printed on the
back of each ballot card, each ballot card | 22 | | envelope, and
the first page of the ballot label when a ballot | 23 | | label is used, the
words "Official Ballot," followed by the | 24 | | number of the
precinct or other precinct identification, which | 25 | | may be stamped, in lieu
thereof and, as applicable, the number | 26 | | and name of the township, ward
or other election district for |
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| 1 | | which the ballot card, ballot card
envelope, and ballot label | 2 | | are prepared, the date of the election and a
facsimile of the | 3 | | signature of the election authority who has caused the
ballots | 4 | | to be printed. The back of the ballot card shall also include
a | 5 | | method of identifying the ballot configuration such as a | 6 | | listing of the
political subdivisions and districts for which | 7 | | votes may be cast on that
ballot, or a number code identifying | 8 | | the ballot configuration or color coded
ballots, except that | 9 | | where there is only one ballot configuration in a
precinct, | 10 | | the precinct identification, and any applicable ward
| 11 | | identification, shall be sufficient. Ballot card envelopes | 12 | | used in punch
card systems shall be of paper through which no | 13 | | writing or punches may be
discerned and shall be of sufficient | 14 | | length to enclose all voting
positions. However, the election | 15 | | authority may provide
ballot card envelopes on which no | 16 | | precinct number or township, ward or
other election district | 17 | | designation, or election date are preprinted, if
space and a | 18 | | preprinted form are provided below the space provided for
the | 19 | | names of write-in candidates where such information may be | 20 | | entered
by the judges of election. Whenever an election | 21 | | authority utilizes
ballot card envelopes on which the election | 22 | | date and precinct is not
preprinted, a judge of election shall | 23 | | mark such information for the
particular precinct and election | 24 | | on the envelope in ink before tallying
and counting any | 25 | | write-in vote written thereon.
If some method of insuring | 26 | | ballot secrecy other than an envelope is used,
such |
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| 1 | | information must be provided on the ballot itself.
| 2 | | (e) In the designation of the name of a candidate on the | 3 | | ballot, the
candidate's given name or names, initial or | 4 | | initials, a nickname by
which the candidate is commonly known, | 5 | | or a combination thereof, may be
used in addition to the | 6 | | candidate's surname. If a candidate has changed his or her | 7 | | name, whether by a statutory or common law procedure in | 8 | | Illinois or any other jurisdiction, within 3 years before the | 9 | | last day for filing the petition for nomination, nomination | 10 | | papers, or certificate of nomination for that office, | 11 | | whichever is applicable, then (i) the candidate's name on the | 12 | | ballot must be followed by "formerly known as (list all prior | 13 | | names during the 3-year period) until name changed on (list | 14 | | date of each such name change)" and (ii) the petition, papers, | 15 | | or certificate must be accompanied by the candidate's | 16 | | affidavit stating the candidate's previous names during the | 17 | | period specified in (i) and the date or dates each of those | 18 | | names was changed; failure to meet these requirements shall be | 19 | | grounds for denying certification of the candidate's name for | 20 | | the ballot or removing the candidate's name from the ballot, | 21 | | as appropriate, but these requirements do not apply to name | 22 | | changes resulting from adoption to assume an adoptive parent's | 23 | | or parents' surname, marriage or civil union to assume a | 24 | | spouse's surname, or dissolution of marriage or civil union or | 25 | | declaration of invalidity of marriage or civil union to assume | 26 | | a former surname or a name change that conforms the |
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| 1 | | candidate's name to his or her gender identity. No other | 2 | | designation such
as a political slogan, title, or degree or | 3 | | nickname suggesting or
implying possession of a
title, degree | 4 | | or professional status, or similar information may be used
in | 5 | | connection with the candidate's surname.
For purposes of this | 6 | | Section, a "political slogan" is defined as any
word or words | 7 | | expressing or connoting a position, opinion, or belief that | 8 | | the
candidate may espouse, including but not limited to, any | 9 | | word or words
conveying any meaning other than that of the | 10 | | personal identity of the
candidate. A
candidate may not use a | 11 | | political slogan as part of his or her name on the
ballot, | 12 | | notwithstanding that the political slogan may be part of the
| 13 | | candidate's name.
| 14 | | (f) The State Board of Elections, a local election | 15 | | official, or an
election
authority shall remove any | 16 | | candidate's name designation from a ballot that is
| 17 | | inconsistent with subsection (e) of this Section. In addition, | 18 | | the State Board
of Elections, a local election official, or an | 19 | | election authority shall not
certify to any election authority | 20 | | any candidate name designation that is
inconsistent with | 21 | | subsection (e) of this Section.
| 22 | | (g) If the State Board of Elections, a local election | 23 | | official, or an
election
authority removes a candidate's name | 24 | | designation from a ballot under
subsection (f) of this | 25 | | Section, then the aggrieved candidate may seek
appropriate | 26 | | relief in circuit court.
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| 1 | | Where voting machines or electronic voting systems are | 2 | | used, the
provisions of this Section may be modified as | 3 | | required or authorized by
Article 24 or Article 24A, whichever | 4 | | is applicable.
| 5 | | Nothing in this Section shall prohibit election | 6 | | authorities from using
or reusing ballot card envelopes which | 7 | | were printed before the effective
date of this amendatory Act | 8 | | of 1985.
| 9 | | (Source: P.A. 102-15, eff. 6-17-21.)
| 10 | | (10 ILCS 5/16-3.1 new) | 11 | | Sec. 16-3.1. Ballot position randomization. | 12 | | (a) Notwithstanding any other provision of law, when the | 13 | | names of candidates in a primary election, general election, | 14 | | or consolidated election to be voted for in each election | 15 | | district or precinct are printed on one ballot under the | 16 | | provisions of this Division, the order of names for each | 17 | | office shall be set forth in random order within each election | 18 | | district or precinct. To the extent that it is mathematically | 19 | | possible, each random order shall be different between all of | 20 | | the precincts or election districts that are electing the name | 21 | | or names contained in each race on the ballot. | 22 | | (b) Before the names of the candidates of the several | 23 | | political parties are certified by the State Board of | 24 | | Elections to the several county clerks, the State Board of | 25 | | Elections shall follow the randomization requirements under |
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| 1 | | subsection (a) before certifying. | 2 | | (c) The State Board of Elections shall select a vendor for | 3 | | a computer software program that shall be used by each | 4 | | election authority and the State Board of Elections to conduct | 5 | | the randomization as provided in subsections (a) and (b). Any | 6 | | program selected by the Board for this purpose shall be used | 7 | | solely for the purpose of ballot name position randomization | 8 | | and shall not be used for any other purpose under this Code.
| 9 | | (10 ILCS 5/16-4.1) (from Ch. 46, par. 16-4.1)
| 10 | | Sec. 16-4.1. Ballots; Form; Consolidated Elections. This | 11 | | Section shall
apply only to the consolidated primary election, | 12 | | and the consolidated election,
except as otherwise expressly | 13 | | provided herein.
| 14 | | The ballot for the nomination or election of officers of | 15 | | each political
subdivision shall be considered a separate | 16 | | ballot, and candidates for such
offices shall be grouped | 17 | | together. Where paper ballots are used, the names
of | 18 | | candidates for nomination or election to more than one | 19 | | political subdivision
may be contained on a common ballot, | 20 | | provided that such ballot clearly
indicates and separates each | 21 | | political subdivision from which such officers
are to be | 22 | | nominated or elected.
| 23 | | At the consolidated election, the ballot for school
| 24 | | district offices shall
precede the ballot for community | 25 | | college district offices, and thereafter
the ballot order of |
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| 1 | | the political subdivision officers to be elected shall
be as | 2 | | determined as provided in Section 16-3.1 by the election | 3 | | authority . In the case of school districts
other than | 4 | | community consolidated school districts, the ballot for | 5 | | non-high
school district offices shall precede the ballot for | 6 | | high school district
offices.
| 7 | | At the consolidated primary and at the consolidated | 8 | | election, the ballot
for nomination or election of municipal | 9 | | officers shall precede the ballot
for township officers. At | 10 | | the consolidated election, following the ballot
for municipal | 11 | | and township offices shall be the ballots for park district
| 12 | | and library district offices, following which shall be the | 13 | | ballots for other
political subdivision offices in the order | 14 | | determined as provided in Section 16-3.1 by the election | 15 | | authority .
| 16 | | The election authority , in determining the order of ballot | 17 | | placement for
offices of political subdivisions whose ballot | 18 | | placement is not specified
in this Section, shall give due | 19 | | regard to the clarity of the ballot presentation
to the | 20 | | voters, cost and administrative ease, and the requirement to | 21 | | provide
separate ballot formats within precincts in which the | 22 | | electors are not entitled
to vote for the same offices or | 23 | | propositions. At the request of a political
subdivision which | 24 | | extends into more than one election jurisdiction, the
election | 25 | | authority shall endeavor to coordinate placement and color of | 26 | | the
ballot for such subdivision with the other election |
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| 1 | | authorities responsible
for preparing ballots for such | 2 | | subdivision election. The election authority
may conduct a | 3 | | lottery to determine the order of ballot placement of | 4 | | political
subdivision ballots where such order is not | 5 | | specified in this Section.
Such lottery may be conducted | 6 | | jointly by two or more
election authorities.
| 7 | | (Source: P.A. 89-700, eff. 1-17-97; 90-358, eff. 1-1-98;
| 8 | | 90-655, eff. 7-30-98.)
| 9 | | Section 99. Effective date. This Act takes effect upon | 10 | | becoming law.
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