State of Illinois
92nd General Assembly
Legislation

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92_HB1914eng

 
HB1914 Engrossed                               LRB9205518JMmb

 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 and 16-6.1 as follows:

 6        (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
 7        Sec. 16-3.  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
13    placed under the party appellation or title of such party  as
14    designated  in  the  certificates of nomination or petitions.
15    The names of all independent candidates shall be printed upon
16    the  ballot  in  a  column  or  columns  under  the   heading
17    "independent"  arranged  under  the  names  or  titles of the
18    respective offices  for  which  such  independent  candidates
19    shall have been nominated and so far as practicable, the name
20    or  names  of any independent candidate or candidates for any
21    office shall be printed upon the ballot opposite the name  or
22    names  of  any  candidate  or  candidates for the same office
23    contained in any party column or columns  upon  said  ballot.
24    The ballot shall contain no other names, except that in cases
25    of  electors  for  President and Vice-President of the United
26    States,  the  names  of  the  candidates  for  President  and
27    Vice-President may be added  to  the  party  designation  and
28    words calculated to aid the voter in his choice of candidates
29    may  be added, such as "Vote for one," "Vote for three." When
30    an electronic voting system is used which utilizes  a  ballot
31    label  booklet,  the candidates and questions shall appear on
 
HB1914 Engrossed            -2-                LRB9205518JMmb
 1    the pages of such booklet in the order provided by this Code;
 2    and, in any case where candidates for an office appear  on  a
 3    page  which  does  not  contain the name of any candidate for
 4    another office, and where  less  than  50%  of  the  page  is
 5    utilized,  the  name  of no candidate shall be printed on the
 6    lowest 25% of such page.  On  the  back  or  outside  of  the
 7    ballot,  so  as  to  appear when folded, shall be printed the
 8    words "Official Ballot", followed by the designation  of  the
 9    polling  place  for which the ballot is prepared, the date of
10    the election and a facsimile of the signature of the election
11    authority who has caused  the  ballots  to  be  printed.  The
12    ballots  shall  be  of  plain  white paper, through which the
13    printing or writing cannot be read. However, ballots for  use
14    at  the nonpartisan and consolidated elections may be printed
15    on  different  color  paper,  except  blue  paper,   whenever
16    necessary  or  desirable to facilitate distinguishing between
17    ballots for different political subdivisions. In the case  of
18    nonpartisan   elections   for   officers   of   a   political
19    subdivision,  unless  the  statute  or  an  ordinance adopted
20    pursuant to Article VII of  the  Constitution  providing  the
21    form  of  government  therefor requires otherwise, the column
22    listing such nonpartisan candidates shall be printed with  no
23    appellation  or  circle at its head. The party appellation or
24    title, or the word "independent" at the head  of  any  column
25    provided  for  independent  candidates,  shall  be printed in
26    capital letters not less than one-fourth of an inch in height
27    and a circle one-half inch in diameter shall  be  printed  at
28    the  beginning of the line in which such appellation or title
29    is printed, provided, however, that no such circle  shall  be
30    printed  at  the  head  of any column or columns provided for
31    such independent candidates. The names of candidates shall be
32    printed in capital letters not less than one-eighth nor  more
33    than one-fourth of an inch in height, and at the beginning of
34    each  line in which a name of a candidate is printed a square
 
HB1914 Engrossed            -3-                LRB9205518JMmb
 1    shall be printed, the sides of which shall be not  less  than
 2    one-fourth  of  an  inch in length. However, the names of the
 3    candidates for Governor and Lieutenant Governor on  the  same
 4    ticket  shall be printed within a bracket and a single square
 5    shall be printed  in  front  of  the  bracket.  The  list  of
 6    candidates  of  the  several  parties  and  any  such list of
 7    independent candidates shall be placed in separate columns on
 8    the ballot in such order as the election authorities  charged
 9    with the printing of the ballots shall decide; provided, that
10    the names of the candidates of the several political parties,
11    certified  by  the  State  Board  of Elections to the several
12    county clerks shall be printed by the  county  clerk  of  the
13    proper  county  on the official ballot in the order certified
14    by the State Board of Elections. Any county  clerk  refusing,
15    neglecting  or  failing  to  print on the official ballot the
16    names of candidates of the several political parties  in  the
17    order  certified  by  the  State  Board of Elections, and any
18    county clerk who prints or causes  to  be  printed  upon  the
19    official  ballot the name of a candidate, for an office to be
20    filled by the Electors of the entire State,  whose  name  has
21    not  been  duly certified to him upon a certificate signed by
22    the State Board of Elections shall be guilty  of  a  Class  C
23    misdemeanor.
24        When an electronic voting system is used which utilizes a
25    ballot card,  on the inside flap of each ballot card envelope
26    there shall be printed a form for write-in voting which shall
27    be substantially as follows:
28                           WRITE-IN VOTES
29        (See  card  of  instructions  for  specific  information.
30    Duplicate form below by hand for additional write-in votes.)
31          _____________________________
32          Title of Office
33    (   )  ____________________________
34          Name of Candidate
 
HB1914 Engrossed            -4-                LRB9205518JMmb
 1        When  an  electronic  voting  system is used which uses a
 2    ballot sheet, the instructions to voters on the ballot  sheet
 3    shall  refer  the  voter  to  the  card  of  instructions for
 4    specific information on write-in voting.  Below  each  office
 5    appearing on such ballot sheet there shall be a provision for
 6    the casting of a write-in vote.
 7        When  such  electronic  system  is  used,  there shall be
 8    printed on the back of each ballot  card,  each  ballot  card
 9    envelope,  and  the  first  page  of  the ballot label when a
10    ballot label is used, the words "Official  Ballot,"  followed
11    by   the   number   of   the   precinct   or  other  precinct
12    identification, which may be stamped, in lieu thereof and, as
13    applicable, the number and name  of  the  township,  ward  or
14    other  election  district  for  which the ballot card, ballot
15    card envelope, and ballot label are prepared, the date of the
16    election and a facsimile of the  signature  of  the  election
17    authority who has caused the ballots to be printed.  The back
18    of the ballot card shall also include a method of identifying
19    the  ballot  configuration such as a listing of the political
20    subdivisions and districts for which votes  may  be  cast  on
21    that   ballot,  or  a  number  code  identifying  the  ballot
22    configuration or color coded ballots, except that where there
23    is only one ballot configuration in a precinct, the  precinct
24    identification, and any applicable ward identification, shall
25    be  sufficient.   Ballot  card  envelopes  used in punch card
26    systems shall be of paper through which no writing or punches
27    may be discerned and shall be of sufficient length to enclose
28    all voting positions.  However, the  election  authority  may
29    provide  ballot card envelopes on which no precinct number or
30    township, ward or other  election  district  designation,  or
31    election  date are preprinted, if space and a preprinted form
32    are provided below  the  space  provided  for  the  names  of
33    write-in  candidates where such information may be entered by
34    the judges  of  election.   Whenever  an  election  authority
 
HB1914 Engrossed            -5-                LRB9205518JMmb
 1    utilizes ballot card envelopes on which the election date and
 2    precinct  is  not  preprinted, a judge of election shall mark
 3    such information for the particular precinct and election  on
 4    the envelope in ink before tallying and counting any write-in
 5    vote  written  thereon.  If  some  method  of insuring ballot
 6    secrecy other than an envelope is used, such information must
 7    be provided on the ballot itself.
 8        In the designation of the name  of  a  candidate  on  the
 9    ballot,  the  candidate's  given  name  or  names, initial or
10    initials, a nickname  by  which  the  candidate  is  commonly
11    known,  or  a combination thereof, may be used in addition to
12    the candidate's surname. No other designation such as a title
13    or degree or nickname suggesting or implying possession of  a
14    title,  degree or professional status, or similar information
15    may be used  in  connection  with  the  candidate's  surname,
16    except  that  the  title  "Mrs." may be used in the case of a
17    married woman.
18        Where voting machines or electronic  voting  systems  are
19    used,  the  provisions  of  this  Section  may be modified as
20    required  or  authorized  by  Article  24  or  Article   24A,
21    whichever is applicable.
22        Nothing   in   this   Section   shall  prohibit  election
23    authorities from using or reusing ballot card envelopes which
24    were printed before the effective date of this amendatory Act
25    of 1985.
26    (Source: P.A. 84-1308.)

27        (10 ILCS 5/16-6.1) (from Ch. 46, par. 16-6.1)
28        Sec.  16-6.1.   In  elections  held   pursuant   to   the
29    provisions  of  Section  12 of Article VI of the Constitution
30    relating to retention of judges in office, the  form  of  the
31    proposition  to  be  submitted for each candidate shall be as
32    provided in paragraph (1) or (2), as the  election  authority
33    may choose.
 
HB1914 Engrossed            -6-                LRB9205518JMmb
 1             (1)  The  names  of all persons seeking retention in
 2        the same office shall be listed, in the order provided in
 3        this   Section,   with   one   proposition   that   reads
 4        substantially as follows:  "Shall  each  of  the  persons
 5        listed  be  retained  in office as (insert name of office
 6        and court)?". To the right of each candidate's name  must
 7        be  places  for  the voter to mark "Yes" or "No".  If the
 8        list of candidates  for  retention  in  the  same  office
 9        exceeds  one  page  of  the  ballot, the proposition must
10        appear on each page upon which  the  list  of  candidates
11        continues.
12             (2)  The  form of the proposition for each candidate
13        shall be substantially as follows:
14             ___________________________________________________
15                 Shall ....... (insert name           YES
16               of candidate) be retained in
17               office as ..... (insert name
18               of office and Court)?                   NO
19             ___________________________________________________
20        The names of all candidates thus submitting  their  names
21    for  retention  in office in any particular judicial district
22    or circuit shall appear on the same  ballot  which  shall  be
23    separate  from  all  other  ballots  voted  on at the general
24    election.
25        Propositions on Supreme Court judges, if any are  seeking
26    retention, shall appear on the ballot in the first group, for
27    judges of the Appellate Court in the second group immediately
28    under  the  first,  and for circuit judges in the last group.
29    The grouping of candidates  for  the  same  office  shall  be
30    preceded  by  a  heading describing the office and the court.
31    If there are two or more  candidates  for  each  office,  the
32    names of such candidates in each group shall be listed in the
33    order  determined as follows: The name of the person with the
34    greatest length of time served in the specified office of the
 
HB1914 Engrossed            -7-                LRB9205518JMmb
 1    specified court shall be listed first  in  each  group.   The
 2    rest  of  the  names shall be listed in the appropriate order
 3    based on  the  same  seniority  standard.   If  two  or  more
 4    candidates  for  each office have served identical periods of
 5    time in the specified office, such candidates shall be listed
 6    alphabetically at the appropriate place in the order of names
 7    based on seniority  in  the  office  as  described.   Circuit
 8    judges  shall  be  credited  for the purposes of this section
 9    with service as associate judges prior to July  1,  1971  and
10    with  service  on  any  court  the  judges of which were made
11    associate judges on January 1, 1964 by virtue of Paragraph 4,
12    subparagraphs (c) and (d) of the Schedule to  Article  VI  of
13    the former Illinois Constitution.
14        At  the  top  of  the  ballot  on  the  same  side as the
15    propositions on the candidates are listed shall be printed an
16    explanation to read substantially as follows:  "Vote  on  the
17    proposition  with  respect to all or any of the judges listed
18    on this ballot.  No judge listed is running against any other
19    judge.  The sole question is  whether  each  judge  shall  be
20    retained in his present office".
21        Such  separate  ballot  shall  be  printed  on  paper  of
22    sufficient  size  so  that when folded once it shall be large
23    enough to contain the following words, which shall be printed
24    on  the  back,  "Ballot  for  judicial   candidates   seeking
25    retention  in  office".   Such  ballot shall be handed to the
26    elector at the same time as the ballot containing  the  names
27    of  other  candidates  for  the general election and shall be
28    returned therewith by the elector to the  proper  officer  in
29    the  manner  designated  by this Act.  All provisions of this
30    Act relating to ballots shall apply to such separate  ballot,
31    except  as  otherwise  specifically provided in this section.
32    Such separate ballot shall be printed upon paper of  a  green
33    color.   No  other ballot at the same election shall be green
34    in color.
 
HB1914 Engrossed            -8-                LRB9205518JMmb
 1        In precincts in  which  voting  machines  are  used,  the
 2    special  ballot  containing the propositions on the retention
 3    of judges may be placed on the voting machines if such voting
 4    machines permit the casting of votes on such propositions.
 5        An electronic voting system authorized by Article 24A may
 6    be used in  voting  and  tabulating  the  judicial  retention
 7    ballots.   When  an  electronic  voting  system is used which
 8    utilizes a ballot label booklet and ballot card, there  shall
 9    be  used in the label booklet a separate ballot label page or
10    pages as required for such proposition, which page  or  pages
11    for  such  proposition shall be of a green color separate and
12    distinct from the ballot label page or  pages  used  for  any
13    other proposition or candidates.
14    (Source: P.A. 79-201.)

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