Public Act 095-0862
 
HB4174 Enrolled LRB095 14280 JAM 40157 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Election Code is amended by changing
Sections 7-19, 16-3, 24A-6, 24B-6, 24C-6, and 24C-7 as follows:
 
    (10 ILCS 5/7-19)  (from Ch. 46, par. 7-19)
    Sec. 7-19. The primary ballot of each political party for
each precinct shall be arranged and printed substantially in
the manner following:
    1. Designating words. At the top of the ballot shall be
printed in large capital letters, words designating the ballot,
if a Republican ballot, the designating words shall be:
"REPUBLICAN PRIMARY BALLOT"; if a Democratic ballot the
designating words shall be: "DEMOCRATIC PRIMARY BALLOT"; and in
like manner for each political party.
    2. Order of Names, Directions to Voters, etc. Beginning not
less than one inch below designating words, the name of each
office to be filled shall be printed in capital letters. Such
names may be printed on the ballot either in a single column or
in 2 or more columns and in the following order, to-wit:
    President of the United States, State offices,
congressional offices, delegates and alternate delegates to be
elected from the State at large to National nominating
conventions, delegates and alternate delegates to be elected
from congressional districts to National nominating
conventions, member or members of the State central committee,
trustees of sanitary districts, county offices, judicial
officers, city, village and incorporated town offices, town
offices, or of such of the said offices as candidates are to be
nominated for at such primary, and precinct, township or ward
committeemen. If two or more columns are used, the foregoing
offices to and including member of the State central committee
shall be listed in the left-hand column and Senatorial offices,
as defined in Section 8-3, shall be the first offices listed in
the second column.
    Below the name of each office shall be printed in small
letters the directions to voters: "Vote for one"; "Vote for not
more than two"; "Vote for not more than three"; or a spelled
number designating how many persons under that head are to be
voted for. If no candidate or candidates file for an office and
if no person or persons file a declaration as a write-in
candidate for that office, then below the title of that office
the election authority instead shall print "No Candidate".
    Next to the name of each candidate for delegate or
alternate delegate to a national nominating convention shall
appear either (a) the name of the candidate's preference for
President of the United States or the word "uncommitted" or (b)
no official designation, depending upon the action taken by the
State central committee pursuant to Section 7-10.3 of this Act.
    Below the name of each office shall be printed in capital
letters the names of all candidates, arranged in the order in
which their petitions for nominations were filed, except as
otherwise provided in Sections 7-14 and 7-17 of this Article.
Opposite and in front of the name of each candidate shall be
printed a square and all squares upon the primary ballot shall
be of uniform size. Spaces between the names of candidates
under each office shall be uniform and sufficient spaces shall
separate the names of candidates for one office from the names
of candidates for another office, to avoid confusion and to
permit the writing in of the names of other candidates.
    Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
(Source: P.A. 83-33.)
 
    (10 ILCS 5/16-3)  (from Ch. 46, par. 16-3)
    Sec. 16-3. (a) The names of all candidates to be voted for
in each election district or precinct shall be printed on one
ballot, except as is provided in Sections 16-6.1 and 21-1.01 of
this Act and except as otherwise provided in this Act with
respect to the odd year regular elections and the emergency
referenda; all nominations of any political party being placed
under the party appellation or title of such party as
designated in the certificates of nomination or petitions. The
names of all independent candidates shall be printed upon the
ballot in a column or columns under the heading "independent"
arranged under the names or titles of the respective offices
for which such independent candidates shall have been nominated
and so far as practicable, the name or names of any independent
candidate or candidates for any office shall be printed upon
the ballot opposite the name or names of any candidate or
candidates for the same office contained in any party column or
columns upon said ballot. The ballot shall contain no other
names, except that in cases of electors for President and
Vice-President of the United States, the names of the
candidates for President and Vice-President may be added to the
party designation and words calculated to aid the voter in his
choice of candidates may be added, such as "Vote for one,"
"Vote for not more than three." If no candidate or candidates
file for an office and if no person or persons file a
declaration as a write-in candidate for that office, then below
the title of that office the election authority instead shall
print "No Candidate". When an electronic voting system is used
which utilizes a ballot label booklet, the candidates and
questions shall appear on the pages of such booklet in the
order provided by this Code; and, in any case where candidates
for an office appear on a page which does not contain the name
of any candidate for another office, and where less than 50% of
the page is utilized, the name of no candidate shall be printed
on the lowest 25% of such page. On the back or outside of the
ballot, so as to appear when folded, shall be printed the words
"Official Ballot", followed by the designation of the polling
place for which the ballot is prepared, the date of the
election and a facsimile of the signature of the election
authority who has caused the ballots to be printed. The ballots
shall be of plain white paper, through which the printing or
writing cannot be read. However, ballots for use at the
nonpartisan and consolidated elections may be printed on
different color paper, except blue paper, whenever necessary or
desirable to facilitate distinguishing between ballots for
different political subdivisions. In the case of nonpartisan
elections for officers of a political subdivision, unless the
statute or an ordinance adopted pursuant to Article VII of the
Constitution providing the form of government therefor
requires otherwise, the column listing such nonpartisan
candidates shall be printed with no appellation or circle at
its head. The party appellation or title, or the word
"independent" at the head of any column provided for
independent candidates, shall be printed in letters not less
than one-fourth of an inch in height and a circle one-half inch
in diameter shall be printed at the beginning of the line in
which such appellation or title is printed, provided, however,
that no such circle shall be printed at the head of any column
or columns provided for such independent candidates. The names
of candidates shall be printed in letters not less than
one-eighth nor more than one-fourth of an inch in height, and
at the beginning of each line in which a name of a candidate is
printed a square shall be printed, the sides of which shall be
not less than one-fourth of an inch in length. However, the
names of the candidates for Governor and Lieutenant Governor on
the same ticket shall be printed within a bracket and a single
square shall be printed in front of the bracket. The list of
candidates of the several parties and any such list of
independent candidates shall be placed in separate columns on
the ballot in such order as the election authorities charged
with the printing of the ballots shall decide; provided, that
the names of the candidates of the several political parties,
certified by the State Board of Elections to the several county
clerks shall be printed by the county clerk of the proper
county on the official ballot in the order certified by the
State Board of Elections. Any county clerk refusing, neglecting
or failing to print on the official ballot the names of
candidates of the several political parties in the order
certified by the State Board of Elections, and any county clerk
who prints or causes to be printed upon the official ballot the
name of a candidate, for an office to be filled by the Electors
of the entire State, whose name has not been duly certified to
him upon a certificate signed by the State Board of Elections
shall be guilty of a Class C misdemeanor.
    (b) When an electronic voting system is used which utilizes
a ballot card, on the inside flap of each ballot card envelope
there shall be printed a form for write-in voting which shall
be substantially as follows:
WRITE-IN VOTES
    (See card of instructions for specific information.
Duplicate form below by hand for additional write-in votes.)  
     _____________________________  
     Title of Office
(   )  ____________________________  
     Name of Candidate
    Write-in lines equal to the number of candidates for which
a voter may vote shall be printed for an office only if one or
more persons filed declarations of intent to be write-in
candidates or qualify to file declarations to be write-in
candidates under Sections 17-16.1 and 18-9.1 when the
certification of ballot contains the words "OBJECTION
PENDING".
    (c) When an electronic voting system is used which uses a
ballot sheet, the instructions to voters on the ballot sheet
shall refer the voter to the card of instructions for specific
information on write-in voting. Below each office appearing on
such ballot sheet there shall be a provision for the casting of
a write-in vote. Write-in lines equal to the number of
candidates for which a voter may vote shall be printed for an
office only if one or more persons filed declarations of intent
to be write-in candidates or qualify to file declarations to be
write-in candidates under Sections 17-16.1 and 18-9.1 when the
certification of ballot contains the words "OBJECTION
PENDING".
    (d) When such electronic system is used, there shall be
printed on the back of each ballot card, each ballot card
envelope, and the first page of the ballot label when a ballot
label is used, the words "Official Ballot," followed by the
number of the precinct or other precinct identification, which
may be stamped, in lieu thereof and, as applicable, the number
and name of the township, ward or other election district for
which the ballot card, ballot card envelope, and ballot label
are prepared, the date of the election and a facsimile of the
signature of the election authority who has caused the ballots
to be printed. The back of the ballot card shall also include a
method of identifying the ballot configuration such as a
listing of the political subdivisions and districts for which
votes may be cast on that ballot, or a number code identifying
the ballot configuration or color coded ballots, except that
where there is only one ballot configuration in a precinct, the
precinct identification, and any applicable ward
identification, shall be sufficient. Ballot card envelopes
used in punch card systems shall be of paper through which no
writing or punches may be discerned and shall be of sufficient
length to enclose all voting positions. However, the election
authority may provide ballot card envelopes on which no
precinct number or township, ward or other election district
designation, or election date are preprinted, if space and a
preprinted form are provided below the space provided for the
names of write-in candidates where such information may be
entered by the judges of election. Whenever an election
authority utilizes ballot card envelopes on which the election
date and precinct is not preprinted, a judge of election shall
mark such information for the particular precinct and election
on the envelope in ink before tallying and counting any
write-in vote written thereon. If some method of insuring
ballot secrecy other than an envelope is used, such information
must be provided on the ballot itself.
    (e) In the designation of the name of a candidate on the
ballot, the candidate's given name or names, initial or
initials, a nickname by which the candidate is commonly known,
or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her
name, whether by a statutory or common law procedure in
Illinois or any other jurisdiction, within 3 years before the
last day for filing the petition for nomination, nomination
papers, or certificate of nomination for that office, whichever
is applicable, then (i) the candidate's name on the ballot must
be followed by "formerly known as (list all prior names during
the 3-year period) until name changed on (list date of each
such name change)" and (ii) the petition, papers, or
certificate must be accompanied by the candidate's affidavit
stating the candidate's previous names during the period
specified in (i) and the date or dates each of those names was
changed; failure to meet these requirements shall be grounds
for denying certification of the candidate's name for the
ballot or removing the candidate's name from the ballot, as
appropriate, but these requirements do not apply to name
changes resulting from adoption to assume an adoptive parent's
or parents' surname, marriage to assume a spouse's surname, or
dissolution of marriage or declaration of invalidity of
marriage to assume a former surname. No other designation such
as a political slogan, title, or degree or nickname suggesting
or implying possession of a title, degree or professional
status, or similar information may be used in connection with
the candidate's surname. For purposes of this Section, a
"political slogan" is defined as any word or words expressing
or connoting a position, opinion, or belief that the candidate
may espouse, including but not limited to, any word or words
conveying any meaning other than that of the personal identity
of the candidate. A candidate may not use a political slogan as
part of his or her name on the ballot, notwithstanding that the
political slogan may be part of the candidate's name.
    (f) The State Board of Elections, a local election
official, or an election authority shall remove any candidate's
name designation from a ballot that is inconsistent with
subsection (e) of this Section. In addition, the State Board of
Elections, a local election official, or an election authority
shall not certify to any election authority any candidate name
designation that is inconsistent with subsection (e) of this
Section.
    (g) If the State Board of Elections, a local election
official, or an election authority removes a candidate's name
designation from a ballot under subsection (f) of this Section,
then the aggrieved candidate may seek appropriate relief in
circuit court.
    Where voting machines or electronic voting systems are
used, the provisions of this Section may be modified as
required or authorized by Article 24 or Article 24A, whichever
is applicable.
    Nothing in this Section shall prohibit election
authorities from using or reusing ballot card envelopes which
were printed before the effective date of this amendatory Act
of 1985.
(Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07.)
 
    (10 ILCS 5/24A-6)  (from Ch. 46, par. 24A-6)
    Sec. 24A-6. The ballot information, whether placed on the
ballot or on the marking device, shall, as far as practicable,
be in the order of arrangement provided for paper ballots,
except that such information may be in vertical or horizontal
rows, or in a number of separate pages. Ballots for all
questions or propositions to be voted on must be provided in
the same manner and must be arranged on or in the marking
device or on the ballot sheet in the places provided for such
purposes.
    When an electronic voting system utilizes a ballot label
booklet and ballot card, ballots for candidates, ballots
calling for a constitutional convention, constitutional
amendment ballots, judicial retention ballots, public
measures, and all propositions to be voted upon may be placed
on the electronic voting device by providing in the ballot
booklet separate ballot label pages or series of pages
distinguished by differing colors as provided below. When an
electronic voting system utilizes a ballot sheet, ballots
calling for a constitutional convention, constitutional
amendment ballots and judicial retention ballots shall be
placed on the ballot sheet by providing a separate portion of
the ballot sheet for each such kind of ballot which shall be
printed in ink of a color distinct from the color of ink used
in printing any other portion of the ballot sheet. Ballots for
candidates, public measures and all other propositions to be
voted upon shall be placed on the ballot sheet by providing a
separate portion of the ballot sheet for each such kind of
ballot. Whenever a person has submitted a declaration of intent
to be a write-in candidate as required in Sections 17-16.1 and
18-9.1, a line on which the name of a candidate may be written
by the voter shall be printed below the name of the last
candidate nominated for such office, and immediately to the
left of such line an area shall be provided for marking a vote
for such write-in candidate. The number of write-in lines for
an office shall equal the number of persons who have filed
declarations of intent to be write-in candidates plus an
additional line or lines for write-in candidates who qualify to
file declarations to be write-in candidates under Sections
17-16.1 and 18-9.1 when the certification of ballot contains
the words "OBJECTION PENDING" next to the name of the
candidate, up to the number of candidates for which a voter may
vote. More than one amendment to the constitution may be placed
on the same ballot page or series of pages or on the same
portion of the ballot sheet, as the case may be. Ballot label
pages for constitutional conventions or constitutional
amendments shall be on paper of blue color and shall precede
all other ballot label pages in the ballot label booklet. More
than one public measure or proposition may be placed on the
same ballot label page or series of pages or on the same
portion of the ballot sheet, as the case may be. More than one
proposition for retention of judges in office may be placed on
the same ballot label page or series of pages or on the same
portion of the ballot sheet, as the case may be. Ballot label
pages for candidates shall be on paper of white color, except
that in primary elections the ballot label page or pages for
the candidates of each respective political party shall be of
the color designated by the election official in charge of the
election for that political party's candidates; provided that
the ballot label pages or pages for candidates for use at the
nonpartisan and consolidated elections may be on paper of
different colors, except blue, whenever necessary or desirable
to facilitate distinguishing between the pages for different
political subdivisions. On each page of the candidate booklet,
where the election is made to list ballot information
vertically, the party affiliation of each candidate or the word
"independent" shall appear immediately to the left of the
candidate's name, and the name of candidates for the same
office shall be listed vertically under the title of that
office. If no candidate or candidates file for an office and if
no person or persons file a declaration as a write-in candidate
for that office, then below the title of that office the
election authority instead shall print "No Candidate". In the
case of nonpartisan elections for officers of political
subdivisions, unless the statute or an ordinance adopted
pursuant to Article VII of the Constitution requires otherwise,
the listing of such nonpartisan candidates shall not include
any party or "independent" designation. Ballot label pages for
judicial retention ballots shall be on paper of green color,
and ballot label pages for all public measures and other
propositions shall be on paper of some other distinct and
different color. In primary elections, a separate ballot label
booklet, marking device and voting booth shall be used for each
political party holding a primary, with the ballot label
booklet arranged to include ballot label pages of the
candidates of the party and public measures and other
propositions to be voted upon on the day of the primary
election. One ballot card may be used for recording the voter's
vote or choice on all such ballots, proposals, public measures
or propositions, and such ballot card shall be arranged so as
to record the voter's vote or choice in a separate column or
columns for each such kind of ballot, proposal, public measure
or proposition.
    If the ballot label booklet includes both candidates for
office and public measures or propositions to be voted on, the
election official in charge of the election shall divide the
pages by protruding tabs identifying the division of the pages,
and printing on such tabs "Candidates" and "Propositions".
    The ballot card and all of its columns and the ballot card
envelope shall be of the color prescribed for candidate's
ballots at the general or primary election, whichever is being
held. At an election where no candidates are being nominated or
elected, the ballot card, its columns, and the ballot card
envelope shall be of a color designated by the election
official in charge of the election.
    The ballot cards, ballot card envelopes and ballot sheets
may, at the discretion of the election authority, be printed on
white paper and then striped with the appropriate colors.
    When ballot sheets are used, the various portions thereof
shall be arranged to conform to the foregoing format.
    Absentee ballots may consist of ballot cards, envelopes,
paper ballots or ballot sheets voted in person in the office of
the election official in charge of the election or voted by
mail. Where a ballot card is used for voting by mail it must be
accompanied by a punching tool or other appropriate marking
device, voter instructions and a specimen ballot showing the
proper positions to vote on the ballot card or ballot sheet for
each party, candidate, proposal, public measure or
proposition, and in the case of a ballot card must be mounted
on a suitable material to receive the punched out chip.
    Any voter who spoils his ballot or makes an error may
return the ballot to the judges of election and secure another.
However, the protruding identifying tab for proposals for a
constitutional convention or constitutional amendments shall
have printed thereon "Constitutional Ballot", and the ballot
label page or pages for such proposals shall precede the ballot
label pages for candidates in the ballot label booklet.
(Source: P.A. 95-699, eff. 11-9-07.)
 
    (10 ILCS 5/24B-6)
    Sec. 24B-6. Ballot Information; Arrangement; Electronic
Precinct Tabulation Optical Scan Technology Voting System;
Absentee Ballots; Spoiled Ballots. The ballot information,
shall, as far as practicable, be in the order of arrangement
provided for paper ballots, except that the information may be
in vertical or horizontal rows, or on a number of separate
pages or displays on the marking device. Ballots for all
questions or propositions to be voted on should be provided in
a similar manner and must be arranged on the ballot sheet or
marking device in the places provided for such purposes.
Ballots shall be of white paper unless provided otherwise by
administrative rule of the State Board of Elections or
otherwise specified.
    All propositions, including but not limited to
propositions calling for a constitutional convention,
constitutional amendment, judicial retention, and public
measures to be voted upon shall be placed on separate portions
of the ballot sheet or marking device by utilizing borders or
grey screens. Candidates shall be listed on a separate portion
of the ballot sheet or marking device by utilizing borders or
grey screens. Whenever a person has submitted a declaration of
intent to be a write-in candidate as required in Sections
17-16.1 and 18-9.1, a line or lines on which the voter may
select a write-in candidate shall be printed below the name of
the last candidate nominated for such office. Such line or
lines shall be proximate to an area provided for marking votes
for the write-in candidate or candidates. The number of
write-in lines for an office shall equal the number of persons
who have filed declarations of intent to be write-in candidates
plus an additional line or lines for write-in candidates who
qualify to file declarations to be write-in candidates under
Sections 17-16.1 and 18-9.1 when the certification of ballot
contains the words "OBJECTION PENDING" next to the name of that
candidate, up to the number of candidates for which a voter may
vote. More than one amendment to the constitution may be placed
on the same portion of the ballot sheet or marking device.
Constitutional convention or constitutional amendment
propositions shall be printed or displayed on a separate
portion of the ballot sheet or marking device and designated by
borders or grey screens, unless otherwise provided by
administrative rule of the State Board of Elections. More than
one public measure or proposition may be placed on the same
portion of the ballot sheet or marking device. More than one
proposition for retention of judges in office may be placed on
the same portion of the ballot sheet or marking device. Names
of candidates shall be printed in black. The party affiliation
of each candidate or the word "independent" shall appear near
or under the candidate's name, and the names of candidates for
the same office shall be listed vertically under the title of
that office, on separate pages of the marking device, or as
otherwise approved by the State Board of Elections. If no
candidate or candidates file for an office and if no person or
persons file a declaration as a write-in candidate for that
office, then below the title of that office the election
authority instead shall print "No Candidate". In the case of
nonpartisan elections for officers of political subdivisions,
unless the statute or an ordinance adopted pursuant to Article
VII of the Constitution requires otherwise, the listing of
nonpartisan candidates shall not include any party or
"independent" designation. Judicial retention questions and
ballot questions for all public measures and other propositions
shall be designated by borders or grey screens on the ballot or
marking device. In primary elections, a separate ballot, or
displays on the marking device, shall be used for each
political party holding a primary, with the ballot or marking
device arranged to include names of the candidates of the party
and public measures and other propositions to be voted upon on
the day of the primary election.
    If the ballot includes both candidates for office and
public measures or propositions to be voted on, the election
official in charge of the election shall divide the ballot or
displays on the marking device in sections for "Candidates" and
"Propositions", or separate ballots may be used.
    Absentee ballots may consist of envelopes, paper ballots or
ballot sheets voted in person in the office of the election
official in charge of the election or voted by mail. Where a
Precinct Tabulation Optical Scan Technology ballot is used for
voting by mail it must be accompanied by voter instructions.
    Any voter who spoils his or her ballot, makes an error, or
has a ballot returned by the automatic tabulating equipment may
return the ballot to the judges of election and get another
ballot.
(Source: P.A. 95-699, eff. 11-9-07.)
 
    (10 ILCS 5/24C-6)
    Sec. 24C-6. Ballot Information; Arrangement; Direct
Recording Electronic Voting System; Absentee Ballots; Spoiled
Ballots. The ballot information, shall, as far as practicable,
be in the order of arrangement provided for paper ballots,
except that the information may be in vertical or horizontal
rows, or on a number of separate pages or display screens.
    Ballots for all public questions to be voted on should be
provided in a similar manner and must be arranged on the ballot
in the places provided for such purposes. All public questions,
including but not limited to public questions calling for a
constitutional convention, constitutional amendment, or
judicial retention, shall be placed on the ballot separate and
apart from candidates. Ballots for all public questions shall
be clearly designated by borders or different color screens.
More than one amendment to the constitution may be placed on
the same portion of the ballot sheet. Constitutional convention
or constitutional amendment propositions shall be placed on a
separate portion of the ballot and designated by borders or
unique color screens, unless otherwise provided by
administrative rule of the State Board of Elections. More than
one public question may be placed on the same portion of the
ballot. More than one proposition for retention of judges in
office may be placed on the same portion of the ballot.
    The party affiliation, if any, of each candidate or the
word "independent", where applicable, shall appear near or
under the candidate's name, and the names of candidates for the
same office shall be listed vertically under the title of that
office. In the case of nonpartisan elections for officers of
political subdivisions, unless the statute or an ordinance
adopted pursuant to Article VII of the Constitution requires
otherwise, the listing of nonpartisan candidates shall not
include any party or "independent" designation. If no candidate
or candidates file for an office and if no person or persons
file a declaration as a write-in candidate for that office,
then below the title of that office the election authority
shall print "No Candidate". In primary elections, a separate
ballot shall be used for each political party holding a
primary, with the ballot arranged to include names of the
candidates of the party and public questions and other
propositions to be voted upon on the day of the primary
election.
    If the ballot includes both candidates for office and
public questions or propositions to be voted on, the election
official in charge of the election shall divide the ballot in
sections for "Candidates" and "Public Questions", or separate
ballots may be used.
    Any voter who spoils his or her ballot, makes an error, or
has a ballot rejected by the automatic tabulating equipment
shall be provided a means of correcting the ballot or obtaining
a new ballot prior to casting his or her ballot.
    Any election authority using a Direct Recording Electronic
Voting System may use voting systems approved for use under
Articles 24A or 24B of this Code in conducting absentee voting
in the office of the election authority or voted by mail.
(Source: P.A. 93-574, eff. 8-21-03.)
 
    (10 ILCS 5/24C-7)
    Sec. 24C-7. Write-In Ballots. A Direct Recording
Electronic Voting System shall provide an acceptable method for
a voter to vote for a person whose name does not appear on the
ballot using the same apparatus used to record votes for
candidates whose names do appear on the ballot. Election
authorities utilizing Direct Recording Electronic Voting
Systems shall not use separate write-in ballots.
    Whenever a person has submitted a declaration of intent to
be a write-in candidate as required in Sections 17-16.1 and
18-9.1, Below the name of the last candidate listed for an
office shall be a space or spaces in which the name of a
candidate or candidates may be written in or recorded by the
voter shall appear below the name of the last candidate
nominated for such office. The number of write-in lines for an
office shall equal the number of persons who have filed
declarations of intent to be write-in candidates plus an
additional line or lines for write-in candidates who qualify to
file declarations to be write-in candidates under Section
17-16.1 or 18-9.1 when the certification of ballot contains the
words "OBJECTION PENDING" next to the name of the candidate, up
to the number of candidates for which a voter may vote.
(Source: P.A. 93-574, eff. 8-21-03.)
 
    Section 10. The Illinois Municipal Code is amended by
changing Sections 3.1-25-35, 3.1-25-50, 4-3-10, 4-3-16,
5-2-12, 5-2-13, 5-2-18.4, 5-2-18.6, 5-2-18.7, and 7-2-24 as
follows:
 
    (65 ILCS 5/3.1-25-35)  (from Ch. 24, par. 3.1-25-35)
    Sec. 3.1-25-35. Primary ballots. The proper election
authority, in accordance with the general election law, shall
have the primary ballots printed in the same manner, in the
same number, and within the same time as ballots are printed
under the general election law, except as otherwise provided in
this Code. If the office of president is to be filled in the
succeeding general municipal election, the names of the
candidates for president shall be placed first on the primary
ballots, in substantially the form specified in this Section.
Following these names shall appear the names of the candidates
for trustees in substantially the form specified in this
Section. The primary ballots shall comply with the general
election law, except as otherwise provided in this Code. The
ballots shall designate no party, platform, political
principle, appellation, or mark, nor shall any circle be
printed at the head of the primary ballots.
    The primary ballots shall be in substantially the following
form:
OFFICIAL PRIMARY BALLOT
CANDIDATES FOR NOMINATION
FOR (PRESIDENT AND)
TRUSTEES OF (NAME OF VILLAGE)
AT THE PRIMARY ELECTION.
FOR PRESIDENT
(VOTE FOR ONE)
HENRY WHITE
JAMES SMITH
LARRY FRANG
RALPH WILSON
FOR TRUSTEES
(VOTE FOR NOT MORE THAN (NUMBER))
THOMAS WILLIAMS
WILLIAM BURKE
ALEXANDER HAMILTON
EDWARD STUART
MARY KURTIS
G.E. HAUSMANN
ARTHUR ROBBINS
MARK TANDY
HARRY BROWN
JOSEPH TROUT
IMMANUEL KANT
ROBERT BUCK
GEORGE MILLER
SARAH TOLLER                                                 
(Source: P.A. 87-1119.)
 
    (65 ILCS 5/3.1-25-50)  (from Ch. 24, par. 3.1-25-50)
    Sec. 3.1-25-50. General election; ballot positions. On the
ballots for the general municipal election, if the office of
president is to be filled, the names of the nominees for
president shall be placed first, in substantially the form
specified in this Section. Following these names, the names of
the nominees for trustees shall appear under each office, in
substantially the form specified in this Section.
    The ballots shall be in the form provided by the general
election law, except as otherwise provided in this Code, but
they shall designate no party, platform, political principle,
appellation, or mark, nor shall any circle be printed at the
head of the ballots. The ballots shall be in substantially the
following form:
OFFICIAL BALLOT
NOMINEES FOR (PRESIDENT AND) TRUSTEES OF (NAME OF
VILLAGE) AT THE GENERAL MUNICIPAL ELECTION
FOR PRESIDENT
(VOTE FOR ONE)
JAMES SMITH
LARRY FRANG
FOR TRUSTEES
(VOTE FOR NOT MORE THAN (NUMBER))
EDWARD STUART
ROBERT BUCK
GEORGE MILLER
WILLIAM BURKE
ARTHUR ROBBINS
HARRY BROWN                                                  
(Source: P.A. 87-1119.)
 
    (65 ILCS 5/4-3-10)
    Sec. 4-3-10. (Repealed).
(Source: P.A. 81-1490. Repealed by P.A. 95-699, eff. 11-9-07.)
 
    (65 ILCS 5/4-3-16)  (from Ch. 24, par. 4-3-16)
    Sec. 4-3-16. Upon the ballots for the general municipal
election the names of the nominees for mayor shall be placed
first, in substantially the form specified in this section.
Following these names, the names of the nominees for
commissioners shall appear under each office, in substantially
the form specified in this section; provided that if the
municipality has voted, as provided in Section 4-3-19, to
require candidates for commissioner to run for a specific
office, the names of the candidates for commissioner of public
accounts and finances, commissioner of public health and
safety, commissioner of streets and public improvements, and
commissioner of public property, respectively, shall appear
under the designation of the applicable office, in
substantially the form specified in Section 4-3-16.1.
    The ballots shall be in the form provided by the general
election law, except as herein otherwise provided, but they
shall designate no party, platform, political principle,
appellation, or mark whatever. Nor shall any circle be printed
at the head of the ballots. Except where candidates for
commissioner are required to run for a specific office, the
ballots shall be in substantially the following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COMMISSIONERS
OF THE CITY (OR VILLAGE) OF....
AT THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
(VOTE FOR ONE)
    (  ) JOHN JONES.
    (  ) JAMES SMITH.
FOR COMMISSIONERS
(VOTE FOR NOT MORE THAN FOUR)
    (  ) HARRY BROWN.
    (  ) ROBERT BUCK.
    (  ) WILLIAM BURKE.
    (  ) GEORGE MILLER.
    (  ) ARTHUR ROBBINS.
    (  ) EDWARD STUART.
    (  ) JOSEPH TROUT.
    (  ) THOMAS WILLIAMS.
(Source: P.A. 81-1490.)
 
    (65 ILCS 5/5-2-12)  (from Ch. 24, par. 5-2-12)
    Sec. 5-2-12. Aldermen or trustees elected at large;
vacancies; mayor or president to preside.
    (a) If a city or village adopts the managerial form of
municipal government but does not elect to choose aldermen or
trustees from wards or districts, then the following provisions
of this Section shall be applicable.
    (b) The city council shall be elected at large. In cities
of less than 50,000 population, the council shall consist of
(i) the mayor and 4 councilmen or (ii) the mayor and 6
councilmen if the size of the city council is increased under
subsection (k). In cities of at least 50,000 but less than
100,000 population, the council shall consist of the mayor and
6 councilmen. In cities of at least 100,000 but not more than
500,000 population, the council shall consist of the mayor and
8 councilmen.
    (c) Except in villages that were governed by Article 4
immediately before the adoption of the managerial form of
municipal government, the village board shall be elected at
large and shall consist of a president and the number of
trustees provided for in Section 5-2-15 or 5-2-17, whichever is
applicable.
    (d) The term of office of the mayor and councilmen shall be
4 years, provided that in cities of less than 50,000, the 2
councilmen receiving the lowest vote at the first election
shall serve for 2 years only; in cities of at least 50,000 but
less than 100,000, the 3 councilmen receiving the lowest vote
at the first election shall serve for 2 years only; and in
cities of at least 100,000 but not more than 500,000, the 4
councilmen receiving the lowest vote at the first election
shall serve for 2 years only.
    (e) The election of councilmen shall be every 2 years.
After the first election, only 2 councilmen in cities of less
than 50,000, 3 councilmen in cities of at least 50,000 but less
than 100,000, or 4 councilmen in cities of at least 100,000 but
not more than 500,000, shall be voted for by each elector at
the primary elections, and only 2, 3, or 4 councilmen, as the
case may be, shall be voted for by each elector at each
biennial general municipal election, to serve for 4 years.
    (f) In addition to the requirements of the general election
law, the ballots shall be in the form set out in Section
5-2-13. In cities with less than 50,000, the form of ballot
prescribed in Section 5-2-13 shall be further modified by
printing in the place relating to councilmen the words "Vote
for not more than Two", or "Vote for not more than Three" if
the size of the city council is increased under subsection (k),
instead of the words "Vote for not more than Four". In cities
of at least 50,000 but less than 100,000, the ballot shall be
modified in that place by printing the words "Vote for not more
than Three" instead of the words "Vote for not more than Four".
Sections 4-3-5 through 4-3-18, insofar as they may be
applicable, shall govern the election of a mayor and councilmen
under this Section.
    (g) If a vacancy occurs in the office of mayor or
councilman, the remaining members of the council, within 60
days after the vacancy occurs, shall fill the vacancy by
appointment of some person to the office for the balance of the
unexpired term or until the vacancy is filled by interim
election under Section 3.1-10-50, and until the successor is
elected and has qualified.
    (h) Except in villages that were governed by Article 4
immediately before the adoption of the managerial form of
municipal government, in villages that have adopted this
Article 5 the term of office of the president, the number of
trustees to be elected, their terms of office, and the manner
of filling vacancies shall be governed by Sections 5-2-14
through 5-2-17.
    (i) Any village that adopts the managerial form of
municipal government under this Article 5 and that, immediately
before that adoption, was governed by the provisions of Article
4, shall continue to elect a mayor and 4 commissioners in
accordance with Sections 4-3-5 through 4-3-18, insofar as they
may be applicable, except that the 2 commissioners receiving
the lowest vote among those elected at the first election after
this Article 5 becomes effective in the village shall serve for
2 years only. After that first election, the election of
commissioners shall be every 2 years, and 2 commissioners shall
be elected at each election to serve for 4 years.
    (j) The mayor or president shall preside at all meetings of
the council or board and on all ceremonial occasions.
    (k) In cities of less than 50,000 population, the city
council may, by ordinance, provide that the city council shall,
after the next biennial general municipal election, consist of
6 instead of 4 councilmen. If the size of the council is
increased to 6 councilmen, then at the next biennial general
municipal election, the electors shall vote for 4 instead of 2
councilmen. Of the 4 councilmen elected at that next election,
the one receiving the lowest vote at that election shall serve
a 2-year term. Thereafter, all terms shall be for 4 years.
(Source: P.A. 93-1007, eff. 1-1-05.)
 
    (65 ILCS 5/5-2-13)  (from Ch. 24, par. 5-2-13)
    Sec. 5-2-13. In addition to the requirements of the general
election law, the ballots for the municipal primary election
provided for in Section 5-2-12 shall be in substantially the
following form:
OFFICIAL PRIMARY BALLOT.
CANDIDATES FOR NOMINATION FOR MAYOR
AND COUNCILMEN OF THE CITY (OR
VILLAGE) OF.... AT THE PRIMARY
ELECTION.
FOR MAYOR
VOTE FOR ONE
    (  ) JOHN JONES.
    (  ) JAMES SMITH.
    (  ) HENRY WHITE.
    (  ) RALPH WILSON.
    (  ) FOR COUNCILMEN.
    VOTE FOR NOT MORE THAN....(insert proper number as provided
in Section 5-2-12).
    (  ) HARRY BROWN.
    (  ) ROBERT BUCK.
    (  ) WILLIAM BURKE.
    (  ) GEORGE MILLER.
    (  ) ARTHUR ROBBINS.
    (  ) EDWARD STUART.
    (  ) JOSEPH TROUT.
    (  ) THOMAS WILLIAMS.
    In addition to the requirements of the general election
law, the general municipal election ballots for the election
provided for in Section 5-2-12 shall be substantially in the
following form:
OFFICIAL BALLOT
NOMINEES FOR MAYOR AND COUNCILMEN OF
THE CITY (OR VILLAGE) OF.... AT
THE GENERAL MUNICIPAL ELECTION.
FOR MAYOR
VOTE FOR ONE
    (  ) JOHN JONES.
    (  ) JAMES SMITH.
    (  ) FOR COUNCILMEN.
    VOTE FOR NOT MORE THAN....(insert proper number as provided
in Section 5-2-12).
    (  ) HARRY BROWN.
    (  ) ROBERT BUCK.
    (  ) WILLIAM BURKE.
    (  ) GEORGE MILLER.
    (  ) ARTHUR ROBBINS.
    (  ) EDWARD STUART.
    (  ) JOSEPH TROUT.
    (  ) THOMAS WILLIAMS.
(Source: P.A. 81-1490.)
 
    (65 ILCS 5/5-2-18.4)  (from Ch. 24, par. 5-2-18.4)
    Sec. 5-2-18.4. In addition to the requirements of the
general election law, a distinct ballot shall be printed for
each district for the primary election. At the top of the
ballot shall be the following: CANDIDATES FOR NOMINATION FOR
MAYOR AND COUNCILMEN OF THE CITY OF.... AT THE PRIMARY
ELECTION. Under the sub-title FOR MAYOR shall be placed the
following: (VOTE FOR ONE). There shall be placed below the
names of the candidates for mayor another sub-title as follows:
FOR COUNCILMEN AT LARGE. Following this sub-title there shall
be an instruction in this form, to be altered, however, to
conform to the facts: VOTE FOR NOT MORE THAN.... (Insert proper
number as provided in Section 5-2-12). Following the names of
the candidates for councilmen at large, there shall be another
sub-title in the following form: FOR DISTRICT COUNCILMAN.
Following this sub-title there shall be the following
direction: (VOTE FOR ONE). In other respects the form of the
ballot shall be controlled by Section 4-3-10.
(Source: P.A. 81-1490.)
 
    (65 ILCS 5/5-2-18.6)  (from Ch. 24, par. 5-2-18.6)
    Sec. 5-2-18.6. In addition to the requirements of the
general election law, the ballots for the general municipal
election shall be prepared in accordance with Section 4-3-16,
with the following changes:
    (1) Following the names of the candidates for mayor there
shall be printed a sub-title: FOR COUNCILMEN AT LARGE;
following this sub-title shall be an instruction in this form:
VOTE FOR NOT MORE THAN....(Insert proper number as provided in
Section 5-2-12). The names of the candidates for councilmen at
large shall follow this instruction.
    (2) Following the names of the candidates at large shall be
printed another sub-title: FOR DISTRICT COUNCILMAN. Following
this sub-title shall be an instruction in this form: (VOTE FOR
ONE) and following this instruction shall be printed the names
of the 2 nominees.
(Source: P.A. 81-1490.)
 
    (65 ILCS 5/5-2-18.7)  (from Ch. 24, par. 5-2-18.7)
    Sec. 5-2-18.7. In any city which has adopted this Article,
and is electing the city council at large or has elected to
choose aldermen from wards, a proposition to elect part of the
city council at large and part from districts with staggered
four year terms and biennial elections for councilmen shall be
submitted to the electors upon initiation in the manner herein
provided.
    Electors of such city, equal in number to not less than 10%
of the total vote cast for all candidates for mayor in the last
preceding municipal election for such office, may petition for
submission, or, in the alternative, the city council may by
ordinance without a petition cause to be submitted, to a vote
of the electors of that city the proposition whether part of
the city council shall be elected at large and part from
districts with staggered four year terms and biennial elections
for councilmen. The petition shall be in the same form as
prescribed in Section 5-1-6, except that the petition shall be
modified as to the wording of the proposition to be voted upon,
to conform to the wording of the proposition as hereinafter set
forth, and shall be filed with the city clerk in accordance
with the general election law. The city clerk shall certify the
proposition to the proper election authorities who shall submit
the proposition at an election in accordance with the general
election law.
    However, such proposition shall not be submitted at the
general primary election for the municipality.
    The proposition shall be substantially in the following
form:
-------------------------------------------------------------
    Shall the city of....
elect part of the councilmen at large      YES
and part of the councilmen from        ----------------------
districts with staggered four year         NO
terms and biennial elections?
-------------------------------------------------------------
    If a majority of those voting on the proposition vote
"yes", then at the next general municipal election at which a
mayor is to be elected, a mayor and councilmen shall be elected
as hereinafter provided.
    In cities of less than 50,000 population, the council shall
consist of the mayor and 6 councilmen, 2 councilmen being
elected at large and 4 councilmen being elected from districts.
In cities of 50,000 and not more than 500,000 population, the
council shall consist of the mayor and 8 councilmen, 3
councilmen being elected at large and 5 councilmen being
elected from districts.
    The city council shall divide the city, whenever necessary
thereafter, into districts which shall be of as compact and
contiguous territory as practicable and of approximately equal
population. The number of such districts shall be the same as
the number of councilmen to be elected from districts.
    One councilman who is an actual resident of the district,
shall be elected from each district. Only the electors of a
district shall elect a councilman from that district. The rest
of the number of councilmen authorized shall be elected at
large.
    The term of office of the Mayor and Councilmen shall be 4
years, provided that at the first election the Councilmen
elected at large shall serve for 2 years only. Thereafter the
election of Councilmen shall be biennial, and after the first
election the Mayor and all Councilmen shall be elected for 4
year terms to fill expiring terms of incumbents.
    The Mayor and Councilmen shall hold their respective
offices for the term of 4 years as herein provided, and until
their successors are elected and qualified. Upon the election
and qualification of the Councilmen, the terms of all sitting
aldermen or councilmen elected at large pursuant to the
provisions of Section 5-2-12 shall expire.
    For the first primary election a distinct ballot shall be
printed for each district. At the top of the ballot shall be
the following: CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor
is to be elected) AND COUNCILMEN OF THE CITY OF.... AT THE
PRIMARY ELECTION. Under the subtitle of FOR MAYOR (when
applicable) shall be placed the following: (VOTE FOR ONE).
There shall be placed below the names of the candidates for
Mayor, if any, another subtitle as follows: FOR COUNCILMEN AT
LARGE. Following this subtitle there shall be an instruction in
this form, to be altered, however, to conform to the facts:
(VOTE FOR NOT MORE THAN....) (Insert number of Councilmen being
elected). Following the names of the candidates for councilmen
at large, there shall be another subtitle in the following
form: FOR DISTRICT COUNCILMAN. Following this subtitle there
shall be the following direction: (VOTE FOR ONE). In other
respects the ballots shall conform to the applicable provisions
of Sections 4-3-10 and 5-2-13.
    To determine the number of nominees who shall be placed on
the ballot under each subtitle at the general municipal
election, the number of officers who will be chosen under each
subtitle shall be multiplied by 2. Only those candidates at the
primary election shall be nominees under each subtitle at the
general municipal election and, where but one officer is to be
elected, the 2 candidates receiving the highest number of votes
shall be placed upon the ballot for the next succeeding general
municipal election. Where 2 councilmen are to be elected, the 4
candidates receiving the highest number of votes shall be
placed upon the ballot. Where 3 councilmen are to be elected,
the names of the 6 candidates receiving the highest number of
votes shall be placed upon the ballot.
    The ballots for the election of officers at the first
general municipal election shall be prepared in compliance with
Section 4-3-16, with the following changes:
    (1) Following the names of the candidates for Mayor (when
applicable) there shall be printed a subtitle: FOR COUNCILMAN
AT LARGE: following this subtitle shall be an instruction in
this form: (VOTE FOR NOT MORE THAN ....) (Insert number of
councilmen to be elected). The names of the nominees for
councilmen at large shall follow the instruction.
    (2) Following the names of the nominees for councilmen at
large shall be printed another subtitle: FOR DISTRICT
COUNCILMAN. Following this subtitle shall be an instruction in
this form: (VOTE FOR ONE) and following this instruction shall
be printed the names of the 2 nominees.
    Thereafter, the ballots for the biennial election shall be
prepared as hereinafter provided.
    For the primary election at which Councilmen at large are
to be elected the form of the ballot shall be as follows:
        At the top of the ballot shall be the following:
CANDIDATES FOR NOMINATION FOR MAYOR (when Mayor is to be
elected) AND COUNCILMEN OF THE CITY OF.... AT THE PRIMARY
ELECTION. Under the subtitle of FOR MAYOR (when applicable)
shall be placed the following: (VOTE FOR ONE). There shall be
placed below the names of the candidates for Mayor, if any,
another subtitle as follows: FOR COUNCILMEN AT LARGE. Following
this subtitle there shall be an instruction in this form, to be
altered, however, to conform to the facts: (VOTE FOR NOT MORE
THAN....) (Insert number of Councilmen being elected).
    For the primary election at which District Councilmen are
to be elected, a distinct ballot shall be printed for each
District. There shall be placed below the names of the
candidates for Mayor (when applicable) another subtitle as
follows: FOR DISTRICT COUNCILMAN. Following this subtitle
there shall be an instruction in this form: VOTE FOR ONE. In
all other respects the ballot shall conform to the applicable
provisions of Sections 4-3-10 and 5-2-13.
    To determine the number of nominees who shall be placed on
the ballot under each subtitle at the general municipal
election, the number of officers who will be chosen under each
subtitle shall be multiplied by 2. Only those candidates at the
primary election shall be nominees under each subtitle at the
general municipal election and, where but one officer is to be
elected, the 2 candidates receiving the highest number of votes
shall be placed upon the ballot for the next succeeding general
municipal election. Where 2 councilmen are to be elected, the 4
candidates receiving the highest number of votes shall be
placed upon the ballot. Where 3 councilmen are to be elected,
the names of the 6 candidates receiving the highest number of
votes shall be placed upon the ballot.
    The ballots for the election of officers at the general
municipal election shall be prepared in compliance with Section
4-3-16, with the following changes:
    (1) For elections where candidates for Councilmen at large
are being elected, following the names of candidates for Mayor
(when applicable) there shall be printed a subtitle as follows:
FOR COUNCILMEN AT LARGE. Following this subtitle there shall be
an instruction in this form: (VOTE FOR NOT MORE THAN....)
(Insert number of Councilmen to be elected). The names of the
nominees for Councilmen at large shall follow the instruction.
    (2) For elections where district Councilmen are to be
elected, a distinct ballot shall be printed for each district,
and following the names of the candidates for Mayor (when
applicable) there shall be printed a subtitle as follows: FOR
DISTRICT COUNCILMAN. Following this subtitle there shall be an
instruction in this form: (VOTE FOR ONE) and following this
instruction shall be printed the names of the 2 nominees for
district Councilman.
    Vacancies shall be filled as prescribed in Section 5-2-12,
provided that a vacancy in the office of a District Councilman
shall be filled by a person who is an actual resident of the
district in which the vacancy occurs.
(Source: P.A. 81-1489.)
 
    (65 ILCS 5/7-2-24)  (from Ch. 24, par. 7-2-24)
    Sec. 7-2-24. The ballots for the election of officers at
the general city election in a united city shall be prepared in
accordance with the general election law, and in accordance
with Section 4-3-16, with the following changes: (1) Following
the names of the candidates for mayor there shall be printed a
sub-title: FOR COMMISSIONER (or COMMISSIONERS) AT LARGE.
Following this sub-title shall be an instruction in this form:
(Vote for one) or (Vote for not more than 2), as the case may
be. The names of the candidates for commissioner at large shall
follow this instruction. (2) Following the names of the
candidates at large shall be printed another sub-title: FOR
COMMISSIONER FROM THE BOROUGH OF..... Following this sub-title
shall be an instruction in this form: (Vote for one) and
following this instruction shall be printed the names of the 2
nominees. Sections 7-2-20 through 7-2-24 are applicable only to
united cities under a commission form of government.
(Source: P.A. 81-1490.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.