(10 ILCS 5/17-16.1) (from Ch. 46, par. 17-16.1)
Sec. 17-16.1. Except as otherwise provided in this Code, write-in votes shall be counted only for persons who have
filed notarized declarations of intent to be write-in candidates with
the proper election authority or authorities not later than 61 days prior to
the election. However, whenever an objection to a candidate's nominating papers or petitions for any office is sustained under Section 10-10 after the 61st day before the election, then write-in votes shall be counted for that candidate if he or she has filed a notarized declaration of intent to be a write-in candidate for that office with the proper election authority or authorities not later than 7 days prior to the election.
Forms for the declaration of intent to be a write-in candidate shall
be supplied by the election authorities. Such declaration shall specify
the office for which the person seeks election as a write-in candidate.
The election authority or authorities shall deliver a list of all persons
who have filed such declarations to the election judges in the appropriate
precincts prior to the election.
A candidate for whom a nomination paper has been filed as a partisan
candidate at a primary election, and who is defeated for his or her
nomination at the primary election is ineligible to file a declaration of
intent to be a write-in candidate for election in that general or consolidated
election.
A candidate seeking election to an office for which candidates of
political parties are nominated by caucus who is a participant in the
caucus and who is defeated for his or her nomination at such caucus is
ineligible to file a declaration of intent to be a write-in candidate for
election in that general or consolidated election.
A candidate seeking election to an office for which candidates are
nominated at a primary election on a nonpartisan basis and who is defeated
for his or her nomination at the primary election is ineligible to file a
declaration of intent to be a write-in candidate for election in that
general or consolidated election.
Nothing in this Section shall be construed to apply to votes
cast under the provisions of subsection (b) of Section 16-5.01.
(Source: P.A. 102-15, eff. 6-17-21.)
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