There is a newer version of the Illinois Compiled Statutes
2005 Illinois 10 ILCS 5/ Election Code. Article 7 - The Making Of Nominations By Political Parties
(10 ILCS 5/7‑1) (from Ch. 46, par. 7‑1)
Sec. 7‑1.
Application of Article.
(a) Except as otherwise provided in this Article, the nomination of all
candidates for all elective State, congressional, judicial, and county
officers, State's Attorneys (whether elected from a single county or from more
than one county), city, village, and incorporated town and municipal officers,
trustees of sanitary districts, township officers in townships of over 5,000
population coextensive with or included wholly within cities or villages not
under the commission form of government, precinct, township, ward, and
State central committeemen, and delegates and alternate delegates to
national nominating conventions by all political parties, as defined in
Section 7‑2 of this Article 7, shall be made in the manner provided in
this Article 7 and not otherwise. The nomination of candidates for
electors of President and Vice President of the United States shall be made
only in the manner provided for in Section 7‑9 of this Article.
(b) This Article 7 shall not
apply to (i) the nomination of candidates for school elections and township
elections, except in those townships specifically mentioned
in subsection (a) and except in those cases in which a township central
committee determines under Section 6A‑2 of the Township Law of 1874 or Section
45‑55 of the Township Code that its candidates for township offices shall be
nominated by primary in accordance with this Article, (ii) the nomination of
park commissioners in park districts organized under the Park District Code,
(iii) the nomination of officers of cities and villages organized under
special charters, or (iv) the nomination of municipal officers for cities,
villages, and incorporated towns with a population of 5,000 or less,
except where a city, village, or incorporated town with a population of
5,000 or less has by ordinance determined that political parties shall nominate
candidates for municipal office in the city, village, or
incorporated town by primary in accordance with this Article. In that event,
the municipal clerk shall certify the ordinance to the proper election
officials no later than November 15 in the year preceding the consolidated
primary election.
(c) The words "township officers" or "township offices" shall be
construed, when used in this Article, to include supervisors.
(d) As provided in Sections 3.1‑25‑20 through 3.1‑25‑60 of the Illinois
Municipal Code, a village may adopt a system of nonpartisan primary and general
elections for the election of village officers.
(Source: P.A. 88‑670, eff. 12‑2‑94; 89‑5, eff. 1‑1‑96.)
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(10 ILCS 5/7‑2) (from Ch. 46, par. 7‑2)
Sec. 7‑2.
A political party, which at the general election for State and
county officers then next preceding a primary, polled more than 5 per cent
of the entire vote cast in the State, is hereby declared to be a political
party within the State, and shall nominate all candidates provided for in
this Article 7 under the provisions hereof, and shall elect precinct,
township, ward and State central committeemen as herein provided.
A political party, which at the general election for State and county
officers then next preceding a primary, cast more than 5 per cent of the
entire vote cast within any congressional district, is hereby declared to
be a political party within the meaning of this Article, within such
congressional district, and shall nominate its candidate for Representative
in Congress, under the provisions hereof. A political party, which at the
general election for State and county officers then next preceding a
primary, cast more than 5 per cent of the entire vote cast in any county,
is hereby declared to be a political party within the meaning of this
Article, within said county, and shall nominate all county officers in said
county under the provisions hereof, and shall elect precinct, township, and
ward committeemen, as herein provided;
A political party, which at the municipal election for city, village or
incorporated town officers then next preceding a primary, cast more than 5
per cent of the entire vote cast in any city or village, or incorporated
town is hereby declared to be a political party within the meaning of this
Article, within said city, village or incorporated town, and shall nominate
all city, village or incorporated town officers in said city or village or
incorporated town under the provisions hereof to the extent and in the
cases provided in section 7‑‑1.
A political party, which at the municipal election for town officers
then next preceding a primary, cast more than 5 per cent of the entire vote
cast in said town, is hereby declared to be a political party within the
meaning of this Article, within said town, and shall nominate all town
officers in said town under the provisions hereof to the extent and in the
cases provided in section 7‑‑1.
A political party, which at the municipal election in any other
municipality or political subdivision, (except townships and school
districts), for municipal or other officers therein then next preceding a
primary, cast more than 5 per cent of the entire vote cast in such
municipality or political subdivision, is hereby declared to be a political
party within the meaning of this Article, within said municipality or
political subdivision, and shall nominate all municipal or other officers
therein under the provisions hereof to the extent and in the cases provided
in section 7‑‑1.
Provided, that no political organization or group shall be qualified as
a political party hereunder, or given a place on a ballot, which
organization or group is associated, directly or indirectly, with
Communist, Fascist, Nazi or other un‑American principles and engages in
activities or propaganda designed to teach subservience to the political
principles and ideals of foreign nations or the overthrow by violence of
the established constitutional form of government of the United States and
the State of Illinois.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑3) (from Ch. 46, par. 7‑3)
Sec. 7‑3.
In determining the total vote of a political party, whenever
required by this Article 7, the test shall be the total vote cast by such
political party for its candidate who received the greatest number of
votes; provided however, that in applying this section to the vote cast for
any candidate for an office for which cumulative voting is permitted, the
total vote cast for such candidate shall be divided by that number which
equals the greatest number of votes that could lawfully be cast for such
candidate by one elector.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑4) (from Ch. 46, par. 7‑4)
Sec. 7‑4.
The following words and phrases in this Article 7 shall,
unless the same be inconsistent with the context, be construed as
follows:
1. The word "primary" the primary elections provided for in this
Article, which are the general primary, the consolidated primary, and for
those municipalities which have annual partisan elections for any officer,
the municipal primary held 6 weeks prior to the general primary election
date in even numbered years.
2. The definition of terms in Section 1‑3 of this Act shall apply to
this Article.
3. The word "precinct" a voting district heretofore or hereafter
established by law within which all qualified electors vote at one
polling place.
4. The words "state office" or "state officer", an office to be
filled, or an officer to be voted for, by qualified electors of the
entire state, including United States Senator and Congressman at large.
5. The words "congressional office" or "congressional officer",
representatives in Congress.
6. The words "county office" or "county officer," include an office
to be filled or an officer to be voted for, by the qualified electors of
the entire county. "County office" or "county officer" also include the
assessor and board of appeals and county commissioners and president of
county board of Cook County, and county board members and the chairman
of the county board in counties subject to "An Act relating to the
composition and election of county boards in certain counties", enacted
by the 76th General Assembly.
7. The words "city office" and "village office," and "incorporated
town office" or "city officer" and "village officer", and "incorporated
town officer" an office to be filled or an officer to be voted for by
the qualified electors of the entire municipality, including aldermen.
8. The words "town office" or "town officer", an office to be filled
or an officer to be voted for by the qualified electors of an entire
town.
9. The words "town" and "incorporated town" shall respectively be
defined as in Section 1‑3 of this Act.
10. The words "delegates and alternate delegates to National
nominating conventions" include all delegates and alternate delegates to
National nominating conventions whether they be elected from the state
at large or from congressional districts or selected by State convention
unless contrary and non‑inclusive language specifically limits the term
to one class.
11. "Judicial office" means a post held by a judge of the Supreme,
Appellate or Circuit Court.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑5) (from Ch. 46, par. 7‑5)
Sec. 7‑5.
(a) Primary elections shall be held on the dates prescribed in
Article 2A.
(b) Notwithstanding the provisions of any other statute, no primary
shall be held for an established political party in any township,
municipality, or ward thereof, where the nomination of such
party for every office to be voted upon by the electors of such
township, municipality, or ward thereof, is uncontested. Whenever a
political party's nomination of candidates is uncontested as to one or
more, but not all, of the offices to be voted upon by the electors of a
township, municipality, or ward thereof, then a primary shall
be held for that party in such township, municipality, or ward thereof;
provided that the primary ballot shall not include those offices
within such township, municipality, or ward thereof, for which the
nomination is uncontested. For purposes of this Article, the nomination of
an established political party of a candidate for election to an office shall
be deemed to be uncontested where not more than the number of persons to be
nominated have timely filed valid nomination papers seeking the nomination
of such party for election to such office.
(c) Notwithstanding the provisions of any other statute, no primary
election shall be held for an established political party for any special
primary election called for the purpose of filling a vacancy in the office
of representative in the United States Congress where the nomination of
such political party for said office is uncontested. For the purposes of
this Article, the nomination of an established political party of a
candidate for election to said office shall be deemed to be uncontested
where not more than the number of persons to be nominated have timely filed
valid nomination papers seeking the nomination of such established party
for election to said office. This subsection (c) shall not apply if such
primary election is conducted on a regularly scheduled election day.
(d) Notwithstanding the provisions in subsection (b) and (c) of this
Section whenever a person who has not timely filed valid nomination papers
and who intends to become a write‑in candidate for a political party's
nomination for any office for which the nomination is uncontested files a
written statement or notice of that intent with the State Board of
Elections or the local election official with whom nomination papers for
such office are filed, a primary ballot shall be prepared and a primary
shall be held for that office. Such statement or notice shall be filed on
or before the date established in this Article for certifying candidates
for the primary ballot. Such statement or notice shall contain (i) the
name and address of the person intending to become a write‑in candidate,
(ii) a statement that the person is a qualified primary elector of the
political party from whom the nomination is sought, (iii) a statement that
the person intends to become a write‑in candidate for the party's
nomination, and (iv) the office the person is seeking as a write‑in
candidate. An election authority shall have no duty to conduct a primary
and prepare a primary ballot for any office for which the nomination is
uncontested, unless a statement or notice meeting the requirements of this
Section is filed in a timely manner.
(e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
(Source: P.A. 86‑873.)
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(10 ILCS 5/7‑6) (from Ch. 46, par. 7‑6)
Sec. 7‑6.
The expense of conducting each primary, including the per
diem of judges, furnishing, warming, lighting and maintaining the
polling place, and all other expenses necessarily incurred in the
preparation for or conducting such primary shall be paid in the same
manner, and by the same authorities or officers as provided in Sections
17‑30 through 17‑32 of this Code.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑8.01) (from Ch. 46, par. 7‑8.01)
Sec. 7‑8.01.
The county board district committee of each political party in each
county board district created pursuant to "An Act relating to the
composition and election of county boards in certain counties", enacted by
the 76th General Assembly, shall consist of the precinct committeemen of
the precincts included in the county board district.
(Source: P. A. 76‑1651.)
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(10 ILCS 5/7‑8.02) (from Ch. 46, par. 7‑8.02)
Sec. 7‑8.02.
The State's Attorney committee for each group of counties
which jointly elect a State's Attorney and the Superintendent of Multi‑County
Educational Service Region committee for each group of counties
which jointly elect a Superintendent of a Multi‑County Educational
Service Region shall consist of the chairmen of the county
central committees of the counties composing such group of counties. In the
organization and proceedings of a State's Attorney or Superintendent of
Multi‑County Educational Service Region committee, each chairman
of a county central committee shall have one vote for each ballot voted in
his or her county by the primary electors of his or her party at
the last primary of an even‑numbered year.
(Source: P.A. 84‑861.)
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(10 ILCS 5/7‑9) (from Ch. 46, par. 7‑9)
Sec. 7‑9. County central committee; county and State conventions.
(a) On the 29th day next succeeding the primary at which
committeemen are elected, the county central committee of each political
party shall meet within the county and proceed to
organize by electing from its own number a chairman and either from its
own number, or otherwise, such other officers as such committee may deem
necessary or expedient. Such meeting of the county central committee
shall be known as the county convention.
The chairman of each county committee shall within 10 days after the
organization, forward to the State Board of Elections, the names and
post office addresses of the officers, precinct committeemen and
representative committeemen elected by his political party.
The county convention of each political party shall choose delegates
to the State convention of its party; but in any county having within
its limits any city having a population of 200,000, or over the
delegates from such city shall be chosen by wards, the ward committeemen
from the respective wards choosing the number of delegates to which such
ward is entitled on the basis prescribed in paragraph (e) of this
Section such delegates to be members of the delegation to the State
convention from such county. In all counties containing a population of
2,000,000 or more outside of cities having a population of 200,000 or
more, the delegates from each of the townships or parts of townships as
the case may be shall be chosen by townships or parts of townships as
the case may be, the township committeemen from the respective townships
or parts of townships as the case may be choosing the number of
delegates to which such townships or parts of townships as the case may
be are entitled, on the basis prescribed in paragraph (e) of this
Section such delegates to be members of the delegation to the State
convention from such county.
Each member of the State Central Committee of a political party which
elects its members by Alternative B under paragraph (a) of Section 7‑8
shall be a delegate to the State Convention, ex officio.
Each member of the State Central Committee of a political party which
elects its members by Alternative B under paragraph (a) of Section 7‑8 may
appoint 2 delegates to the State Convention who must be residents of the
member's Congressional District.
(b) State conventions shall be held within 180 days after the
general primary in the year 2000 and every 4 years thereafter. In the year 1998, and every 4 years thereafter,
the chairman of a State central committee may issue a call for a State
convention within 180 days after the general primary.
The State
convention of each political party has power to make
nominations of candidates of its political party for the electors of
President and Vice President of the United States, and to adopt any party
platform, and, to the
extent determined by the State central committee as provided in Section
7‑14, to choose and select delegates and alternate delegates at large to
national nominating conventions. The State Central Committee may adopt
rules to provide for and govern the procedures of the State convention.
(c) The chairman and secretary of each State convention shall,
within 2 days thereafter, transmit to the State Board of Elections of
this State a certificate setting forth the names and addresses of all
persons nominated by such State convention for electors of President and
Vice President of the United States, and of any persons selected by the State
convention for
delegates and alternate delegates at large to national nominating
conventions; and the names of such candidates so chosen by such State
convention for electors of President and Vice President of the United
States, shall be caused by
the State Board of Elections to be printed upon the official ballot at
the general election, in the manner required by law, and shall be
certified to the various county clerks of the proper counties in the
manner as provided in Section 7‑60 of this Article 7 for the certifying
of the names of persons nominated by any party for State offices. If and
as long as this Act prescribes that the names of such electors be not
printed on the ballot, then the names of such electors shall be
certified in such manner as may be prescribed by the parts of this Act
applicable thereto.
(d) Each convention may perform all other functions inherent to such
political organization and not inconsistent with this Article.
(e) At least 33 days before the date of a State convention, the chairman of the State central committee of each political
party shall file in the principal office of the State Board of
Elections a call for the State convention. Such call shall state, among
other things, the time and place (designating the building or hall) for
holding the State convention. Such call shall be signed by the chairman
and attested by the secretary of the committee. In such convention each
county shall be entitled to one delegate for each 500 ballots voted by
the primary electors of the party in such county at the primary to be
held next after the issuance of such call; and if in such county, less
than 500 ballots are so voted or if the number of ballots so voted is
not exactly a multiple of 500, there shall be one delegate for such
group which is less than 500, or for such group representing the number
of votes over the multiple of 500, which delegate shall have 1/500 of
one vote for each primary vote so represented by him. The call for such
convention shall set forth this paragraph (e) of Section 7‑9 in full and
shall direct that the number of delegates to be chosen be calculated in
compliance herewith and that such number of delegates be chosen.
(f) All precinct, township and ward committeemen when elected as
provided in this Section shall serve as though elected at large
irrespective of any changes that may be made in precinct, township or
ward boundaries and the voting strength of each committeeman shall
remain as provided in this Section for the entire time for which he is
elected.
(g) The officers elected at any convention provided for in this
Section shall serve until their successors are elected as provided in
this Act.
(h) A special meeting of any central committee may be called by the
chairman, or by not less than 25% of the members of such committee, by
giving 5 days notice to members of such committee in writing designating
the time and place at which such special meeting is to be held and the
business which it is proposed to present at such special meeting.
(i) Except as otherwise provided in this Act, whenever a vacancy
exists in the office of precinct committeeman because no one was elected
to that office or because the precinct committeeman ceases to reside in
the precinct or for any other reason, the chairman of the county
central committee of the appropriate political party may fill the
vacancy in such office by appointment of a qualified resident of the
county and the appointed precinct committeeman shall serve as though
elected; however, no such appointment may be made between the general
primary election and the 30th day after the general primary election.
(j) If the number of Congressional Districts in the State of Illinois
is reduced as a result of reapportionment of Congressional Districts
following a federal decennial census, the State Central Committeemen and
Committeewomen of a political
party which elects its State Central
Committee by either Alternative A or by Alternative B under paragraph (a)
of Section 7‑8 who were
previously elected shall continue to serve as if no reapportionment had
occurred until the expiration of their terms.
(Source: P.A. 93‑847, eff. 7‑30‑04.)
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(10 ILCS 5/7‑9.1) (from Ch. 46, par. 7‑9.1)
Sec. 7‑9.1.
(a) Except as otherwise provided in this Act, whenever
a vacancy exists in
the office of delegate to a State or national nominating convention by
reason of death or for any other reason, then the alternate receiving the
highest vote shall succeed to the vacated office and exercise all the
rights and prerogatives and discharge all the duties of the office. The
vacated office of alternate shall be filled by the congressional committee
of the district.
(b) Vacancies, whether temporary or permanent, in the office of delegate
to the national nominating convention of a political party whose State Central
Committee uses Alternative B of Section 7‑14.1 shall be filled by alternate
delegates in the following order:
1. Alternates from the same District with same Presidential preference;
2. Alternates from other Districts with same Presidential preference;
3. Alternate at‑large delegates with same Presidential preference;
4. Alternates from the same District with different Presidential preference;
5. Alternates from other Districts with different Presidential preference;
6. Alternate at‑large delegates with different Presidential preference.
Unpledged delegates shall be replaced by unpledged alternates.
Each delegate shall certify in writing the order of his succession of alternates
to the chairman of the State's delegation.
The delegation shall, as soon as practicable, fill a vacancy in the position
of alternate delegate by choosing, in accord with its rules, a person of
the same Presidential preference and from the same political subdivision.
The alternate succeeding to the vacated office shall exercise all the rights
and prerogatives of the office and discharge all the duties of the office.
(Source: P.A. 83‑32.)
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Name..................Address.......................
State of Illinois) ) ss.County of........)
I, ...., do hereby certify
that I reside at No. .... street, in the .... of ...., county of ....,
and State of ....., that I am 18 years of age or older, that
I am a citizen of the United States, and that the signatures on this sheet
were signed
in my presence, and are genuine, and that to the best of my knowledge
and belief the persons so signing were at the time of signing the
petitions qualified voters of the .... party, and that their respective
residences are correctly stated, as above set forth.
.........................
Subscribed and sworn to before me on (insert date).
.........................
Each sheet of the petition other than the statement of candidacy and
candidate's statement shall be of uniform size and shall contain above
the space for signatures an appropriate heading giving the information
as to name of candidate or candidates, in whose behalf such petition is
signed; the office, the political party represented and place of
residence; and the heading of each sheet shall be the same.
Such petition shall be signed by qualified primary electors residing
in the political division for which the nomination is sought in their
own proper persons only and opposite the signature of each signer, his
residence address shall be written or printed. The residence address
required to be written or printed opposite each qualified primary elector's
name shall include the street address or rural route number of the signer,
as the case may be, as well as the signer's county, and city, village or
town, and state.
However the county or city, village or town, and state of residence of
the electors may be printed on the petition forms where all of the
electors signing the petition reside in the same county or city, village
or town, and state. Standard abbreviations may be used in writing the
residence address, including street number, if any. At the bottom of
each sheet of such petition shall be added a circulator statement signed by
a person 18 years of age or older who is a citizen of the United States,
stating the street address or rural route number, as the case may be, as well
as the county, city, village or town, and state;
and certifying that the signatures on that sheet of the petition were signed in
his or her presence and certifying that the signatures are genuine; and
either (1) indicating the dates on which that sheet was circulated, or (2)
indicating the first and last dates on which the sheet was circulated, or (3)
certifying that none of the signatures on the sheet were signed more than 90
days preceding the last day for the filing of the petition and certifying that
to the best of his or her knowledge and belief the persons so signing were at
the time of signing the petitions qualified voters of the political party for
which a nomination is sought. Such statement shall be sworn to before some
officer authorized to administer oaths in this State.
No petition sheet shall be circulated more than 90 days preceding the
last day provided in Section 7‑12 for the filing of such petition.
The person circulating the petition, or the candidate on whose behalf the
petition is circulated, may strike any signature from the petition,
provided that:
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Such sheets before being filed shall be neatly fastened together in
book form, by placing the sheets in a pile and fastening them together
at one edge in a secure and suitable manner, and the sheets shall then
be numbered consecutively. The sheets shall not be fastened by pasting
them together end to end, so as to form a continuous strip or roll. All
petition sheets which are filed with the proper local election officials,
election authorities or the State Board of Elections shall be the original
sheets which have been signed by the voters and by the circulator thereof,
and not photocopies or duplicates of such sheets. Each petition must include
as a part thereof, a statement of candidacy for each of the candidates filing,
or in whose behalf the petition is filed. This statement shall set out the
address of such candidate, the office for which he is a candidate, shall state
that the candidate is a qualified primary voter of the party to which the
petition relates and is qualified for the office specified (in the case of a
candidate for State's Attorney it shall state that the candidate is at the time
of filing such statement a licensed attorney‑at‑law of this State), shall state
that he has filed (or will file before the close of the petition filing period)
a statement of economic interests as required by the Illinois Governmental
Ethics Act, shall request that the candidate's name be placed upon the official
ballot, and shall be subscribed and sworn to by such candidate before some
officer authorized to take acknowledgment of deeds in the State and shall be in
substantially the following form:
Statement of Candidacy
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State of Illinois) ) ss.County of .......)
I, ...., being first duly sworn, say that I reside at .... Street in the city
(or village) of ...., in the county of ...., State of Illinois; that I
am a qualified voter therein and am a qualified primary voter of the ....
party; that I am a candidate for nomination (for election in the case of
committeeman and delegates and alternate delegates) to the office of ....
to be voted upon at the primary election to be held on (insert date); that I am
legally qualified (including
being the holder of any license that may be an eligibility requirement
for the office I seek the nomination for) to hold such office and that I
have filed (or I will file before the close of the petition filing period)
a statement of economic interests as required by the Illinois
Governmental Ethics Act and I hereby request that my name be printed
upon the official primary ballot for nomination for (or election to in
the case of committeemen and delegates and alternate delegates) such
office.
Signed ......................
Subscribed and sworn to (or affirmed) before me by ...., who is to me
personally known, on (insert date).
Signed ....................
(Official Character)
(Seal, if officer has one.)
The petitions, when filed, shall not be withdrawn or added to, and no
signatures shall be revoked except by revocation filed in writing with
the State Board of Elections, election authority or local election
official with whom the petition is required to be filed, and before the
filing of such petition. Whoever forges the name of a signer upon any
petition required by this Article is deemed guilty of a forgery and on
conviction thereof shall be punished accordingly.
A candidate for the offices listed in this Section must obtain the number
of signatures specified in this Section on his or her petition for nomination.
(a) Statewide office or delegate to a national nominating convention. If a
candidate seeks to run for statewide office or as a delegate or alternate
delegate to a national nominating convention elected from the State at‑large,
then the candidate's petition for nomination must contain at least 5,000 but
not more than 10,000 signatures.
(b) Congressional office or congressional delegate to a national nominating
convention. If a candidate seeks to run for United States Congress or as a
congressional delegate or alternate congressional delegate to a national
nominating convention elected from a congressional district, then the
candidate's petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of his or her party
in his or her congressional district. In the first primary election following a
redistricting of congressional districts, a candidate's petition for nomination
must contain at least 600 signatures of qualified primary electors of the
candidate's political party in his or her congressional district.
(c) County office. If a candidate seeks to run for any countywide office,
including but not limited to county board chairperson or county board
member, elected on an at‑large basis, in a county other than Cook County,
then the candidate's petition for nomination must contain at least the number
of signatures equal to 0.5% of the qualified electors of his or her party who
cast votes at the last preceding general election in his or her county. If a
candidate
seeks to run for county board member elected from a county board district, then
the candidate's petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of his or her party
in the
county board district. In the first primary election following a redistricting
of county board districts or the initial establishment of county board
districts, a candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified electors of his or her
party
in the entire county who cast votes at the last preceding general election
divided by the
total number of county board districts comprising the county board; provided
that
in no event shall the number of signatures be less than 25.
(d) County office; Cook County only.
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(e) Municipal or township office. If a candidate seeks to run for municipal
or township office, then the candidate's petition for nomination must contain
at least the number of signatures equal to 0.5% of the qualified primary
electors of his or her party in the municipality or township. If a candidate
seeks to run for alderman of a municipality, then the candidate's petition for
nomination must contain at least the number of signatures equal to 0.5% of the
qualified primary electors of his or her party of the ward. In the first
primary election following redistricting of aldermanic wards or trustee
districts of a municipality or the initial establishment of wards or districts,
a candidate's petition for nomination must contain the number of signatures
equal to at least 0.5% of the total number of votes cast for the candidate of
that political party who received the highest number of votes in the entire
municipality at the last regular election at which an officer was regularly
scheduled to be elected from
the entire municipality, divided by the number of wards or districts. In no
event shall the number of signatures be less than 25.
(f) State central committeeperson. If a candidate seeks to run for State
central committeeperson, then the candidate's petition for nomination must
contain at least 100 signatures of the primary electors of his or her party of
his or
her congressional district.
(g) Sanitary district trustee. If a candidate seeks to run for trustee of a
sanitary district in which trustees are not elected from wards, then the
candidate's petition for nomination must contain at least the number of
signatures equal to 0.5% of the primary electors of his or her party from the
sanitary district. If a candidate seeks to run for trustee
of a sanitary district in which trustees are elected from wards, then the
candidate's petition for
nomination must contain at least the number of signatures equal to 0.5% of the
primary electors of his or her party in the ward of that sanitary district. In
the
first primary election following redistricting of sanitary districts elected
from wards, a candidate's petition for nomination must contain at least the
signatures of 150 qualified primary electors of his or her ward of that
sanitary district.
(h) Judicial office. If a candidate seeks to run for judicial office in a district, then the candidate's petition for nomination must contain the number of signatures equal to 0.4% of the number of votes cast in that district for the candidate for his or her political party for the office of Governor at the last general election at which a Governor was elected, but in no event less than 500 signatures. If a candidate seeks to run for judicial office in a
circuit or subcircuit, then the candidate's petition for nomination
must contain the number of signatures equal to 0.25% of the number of votes
cast for the judicial candidate of his or her political party who received the
highest number of votes
at the last general election at which a judicial
officer from the same circuit or subcircuit was regularly scheduled
to be elected, but in no event less than 500 signatures.
(i) Precinct, ward, and township committeeperson. If a candidate seeks to
run for precinct committeeperson, then the candidate's petition for nomination
must contain at least 10 signatures of the primary electors of his or her
party for the precinct. If a candidate seeks to run for ward committeeperson,
then the candidate's petition for nomination must contain no less than the
number of signatures equal to 10% of the primary electors of his or her party
of the ward, but no more than 16% of those same electors; provided that the
maximum number of signatures may be 50 more than the minimum number, whichever
is greater. If a candidate seeks to run for township committeeperson, then the
candidate's petition for nomination must contain no less than the number of
signatures equal to 5% of the primary electors of his or her party of the
township, but no more than 8% of those same electors;
provided that the maximum number of signatures may be 50 more than the
minimum number, whichever is greater.
(j) State's attorney or regional superintendent of schools for multiple
counties. If
a candidate seeks to run for State's attorney or regional Superintendent of
Schools who serves more than one county, then the candidate's petition for
nomination must contain at least the number of signatures equal to 0.5% of the
primary electors of his or her party in the territory comprising the counties.
(k) Any other office. If a candidate seeks any other office, then the
candidate's petition for nomination must contain at least the number of
signatures equal to 0.5% of the registered voters of the political subdivision,
district, or division for which the nomination is made or 25 signatures,
whichever is greater.
For purposes of this Section the number of primary electors shall be
determined by taking the total vote cast, in the applicable district, for the
candidate for that political party who received the highest number of votes,
statewide, at the last general election in the State at which electors for
President of the United States were elected. For political subdivisions, the
number of primary electors shall be determined by taking the total vote
cast for the candidate for that political party who received the highest number
of votes in the political subdivision at the last regular election at which an
officer was regularly scheduled to be elected from that subdivision. For wards
or districts of political subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for that political
party who received the highest number of votes in the ward or district at the
last regular election at which an officer was regularly scheduled to be elected
from that ward or district.
A "qualified primary elector" of a party may not
sign petitions for or be a candidate in the primary of more than
one party.
The changes made to this Section of this amendatory Act of the 93rd General
Assembly are declarative of existing law, except for item (3) of subsection
(d).
Petitions of candidates for nomination for offices herein specified,
to be filed with the same officer, may contain the names of 2 or more
candidates of the same political party for the same or different
offices.
(Source: P.A. 93‑574, eff. 8‑21‑03; 94‑645, eff. 8‑22‑05.)
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(10 ILCS 5/7‑10.1) (from Ch. 46, par. 7‑10.1)
Sec. 7‑10.1.
Each petition or certificate of nomination shall include as a
part thereof, a statement for each of the candidates filing, or in whose
behalf the petition or certificate of nomination is filed, said statement
shall be subscribed and sworn to by such candidate or nominee before some
officer authorized to take acknowledgment of deeds in this State and shall
be in substantially the following form:
United States of America ) ) ssState of Illinois )
I, .... do swear that I am a citizen of the United States and the State
of Illinois, that I am not affiliated directly or indirectly with any
communist organization or any communist front organization, or any foreign
political agency, party, organization or government which advocates the
overthrow of constitutional government by force or other means not
permitted under the Constitution of the United States or the constitution
of this State; that I do not directly or indirectly teach or advocate the
overthrow of the government of the United States or of this State or any
unlawful change in the form of the governments thereof by force or any
unlawful means.
.......................
Subscribed and sworn to by me on (insert date).
.......................
(Notary Public)
My commission expires: .....
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(10 ILCS 5/7‑10.2) (from Ch. 46, par. 7‑10.2)
Sec. 7‑10.2.
In the designation of the name of a candidate on a petition for
nomination or certificate of nomination 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. No other designation such as a political slogan, as
defined by Section 7‑17, 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, except that the title "Mrs." may be used in the case of a
married woman.
(Source: P.A. 93‑574, eff. 8‑21‑03.)
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(10 ILCS 5/7‑10.3) (from Ch. 46, par. 7‑10.3)
Sec. 7‑10.3.
(A) Except as otherwise provided in paragraph (C)
of this Section, a candidate for delegate or alternate delegate to a national
nominating convention shall file with the State Board of Elections at the
time of filing the statement of candidacy described in Section 7‑10, a
statement declaring the name of his preference for President of the United
States or that he is uncommitted.
(B) If more candidates for delegate or alternate delegate in a
congressional district than have been allocated to that district file
statements designating the same presidential candidate as their preference
for President of the United States, the presidential candidate so
designated or his authorized representative may, within 10 days after the
last day for filing such statements, file an affidavit designating which of
such candidates he wants to be listed on
the ballot as being committed to the presidential candidate. Candidates
for delegate or alternate delegate not designated on an affidavit by the
presidential candidate shall be listed on the ballot as uncommitted. In no
event may the designated person's filing of the affidavit leave fewer
candidates listed on the ballot as being committed to him than the number
of delegates or alternate delegates allocated to the district.
(C) The State central committee of a political party may
choose to file a statement with the State Board of Elections not less than
30 days prior to the first day for filing the statement of candidacy described
in Section 7‑10, specifying that a candidate for delegate or alternate delegate
shall not be required to file an official declaration statement pursuant
to this Section.
If the State central committee of a political party specifies that any
such official declaration statement is not required to be filed by the
candidates for delegates and alternate delegates to the national nominating
convention of any such political party, then no such declaration statement
shall be required to be made.
(Source: P.A. 85‑903.)
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(10 ILCS 5/7‑11) (from Ch. 46, par. 7‑11)
Sec. 7‑11.
Any candidate for President of the United States may have his name
printed upon the primary ballot of his political party by filing in the
office of the State Board of Elections not more than 99 and not less
than 92 days prior to the date of the general primary, in any year in which a
Presidential election is to be held, a petition signed by not less than
3000 or more than 5000 primary electors, members of and affiliated with the
party of which he is a candidate, and no candidate for President of the
United States, who fails to comply with the provisions of this Article
shall have his name printed upon any primary ballot: Provided, however,
that if the rules or policies of a national political
party conflict with such requirements for filing petitions for President of
the United States in a presidential preference primary, the Chairman of the
State central committee of such national political party shall notify the
State Board of Elections in writing, citing by reference the rules or
policies of the national political party in conflict, and in such case the
Board shall direct such petitions to be filed not more than 69 and not less
than 62 days prior to the date of the general primary, in any year in which
a Presidential election is to be held. Provided, further, unless rules
or policies of a national political party otherwise provide, the
vote for President of the United States, as herein provided for, shall be
for the sole purpose of securing an expression of the sentiment and will of
the party voters with respect to candidates for nomination for said office,
and the vote of the state at large shall be taken and considered as
advisory to the delegates and alternates at large to the national
conventions of respective political parties; and the vote of the respective
congressional districts shall be taken and considered as advisory to the
delegates and alternates of said congressional districts to the national
conventions of the respective political parties.
(Source: P.A. 86‑873; 86‑1089.)
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(10 ILCS 5/7‑11.1) (from Ch. 46, par. 7‑11.1)
Sec. 7‑11.1.
Whenever a vacancy in any elective county office is to be
filled by election pursuant to Section 25‑11 of this Code, nominations shall be
made and any vacancy in nomination for a county office shall be filled pursuant
to this Section:
(1) If the vacancy in office occurs before the first date provided in
Section 7‑12 for filing nomination papers for the primary in the next even
numbered year following the commencement of the term, nominations for the
election for filling such vacancy shall be made pursuant to this Article 7
as provided for other county offices.
(2) If the vacancy in office occurs during the time provided in Section
7‑12 for filing nomination papers for county offices for the primary in the
next even‑numbered year following commencement of the term of office in
which such vacancy occurs, the time for filing nomination papers for such
office for the primary shall not be more than 91 days and not less than 85
days prior to the date of the primary election.
(3) If the vacancy in office occurs after the last day provided in
Section 7‑12 for filing nomination papers for any elective county office a
vacancy in nomination shall be deemed to have occurred and the county
central committee or the appropriate county board district committee of
each established political party shall nominate, by resolution, a candidate
to fill such vacancy in nomination for election to such office at such
general election. In the nomination proceedings to fill such vacancy in
nomination, each member of the county central committee, or the county
board district committee, as the case may be, shall have the voting
strength as set forth in Sections 7‑8 and 7‑8.01, respectively. The name
of the candidate so nominated shall not appear on the ballot at the general
primary election. Such vacancy in nomination shall be filled prior to the
date of certification of candidates for the general election.
(4) The resolution to fill the vacancy shall be duly acknowledged before
an officer qualified to take acknowledgments of deeds and shall include,
upon its face, the following information:
(a) the name of the original nominee and the office vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill the vacancy and
the date of selection.
The resolution to fill the vacancy shall be accompanied by a Statement of
Candidacy, as prescribed in Section 7‑10, completed by the selected nominee
and a receipt indicating that such nominee has filed a Statement of
Economic Interests as required by the Illinois Governmental Ethics Act.
The provisions of Sections 10‑8 through 10‑10.1 relating to objections to
nomination papers, hearings on objections and judicial review, shall also
apply to and govern objections to nomination papers and resolutions for
filling vacancies in nomination filed pursuant to this Section.
Unless otherwise specified herein, the nomination and election provided
for in this Section shall be governed by this Code.
(Source: P.A. 84‑1308.)
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(10 ILCS 5/7‑12) (from Ch. 46, par. 7‑12)
Sec. 7‑12.
All petitions for nomination shall be filed by mail or
in person as follows:
(1) Where the nomination is to be made for a State, congressional, or
judicial office, or for any office a nomination for which is made for a
territorial division or district which comprises more than one county or
is partly in one county and partly in another county or counties, then,
except as otherwise provided in this Section, such petition for nomination
shall be filed in the principal office of the State Board of Elections not
more than 99 and not less than 92 days prior to the date of the primary,
but, in the case of petitions for nomination to fill a vacancy by special
election in the office of representative in Congress from this State, such
petition for nomination shall be filed in the principal office of the State
Board of Elections not more than 57 days and not less than 50 days prior to
the date of the primary.
Where a vacancy occurs in the office of Supreme, Appellate or Circuit
Court Judge within the 3‑week period preceding the 92nd day before a
general primary election, petitions for nomination for the office in which
the vacancy has occurred shall be filed in the principal office of the
State Board of Elections not more than 78 nor less than 71 days prior to
the date of the general primary election.
Where the nomination is to be made for delegates or alternate
delegates to a national nominating convention, then such petition for
nomination shall be filed in the principal office of the State Board of
Elections not more than 99 and not less than 92 days prior to the date of
the primary; provided, however, that if the rules or policies of a national
political party conflict with such requirements for filing petitions for
nomination for delegates or alternate delegates to a national nominating
convention, the chairman of the State central committee of such national
political party shall notify the Board in writing, citing by reference the
rules or policies of the national political party in conflict, and in such
case the Board shall direct such petitions to be filed not more than 69 and
not less than 62 days prior to the date of the primary.
(2) Where the nomination is to be made for a county office or trustee
of a sanitary district then such petition shall be filed in the office
of the county clerk not more than 99 nor less than 92 days prior to the
date of the primary.
(3) Where the nomination is to be made for a municipal or township
office, such petitions for nomination shall be filed in the office of
the local election official, not more than 78 nor less than 71 days
prior to the date of the primary; provided, where a municipality's or
township's boundaries are coextensive with or are entirely within the
jurisdiction of a municipal board of election commissioners, the petitions
shall be filed in the office of such board; and provided, that petitions
for the office of multi‑township assessor shall be filed with the election
authority.
(4) The petitions of candidates for State central committeeman shall
be filed in the principal office of the State Board of Elections not
more than 99 nor less than 92 days prior to the date of the primary.
(5) Petitions of candidates for precinct, township or ward
committeemen shall be filed in the office of the county clerk not more
than 99 nor less than 92 days prior to the date of the primary.
(6) The State Board of Elections and the various election authorities
and local election officials with whom such petitions for nominations
are filed shall specify the place where filings shall be made and upon
receipt shall endorse thereon the day and hour on which each petition
was filed. All petitions filed by persons waiting in line as of 8:00
a.m. on the first day for filing, or as of the normal opening hour of
the office involved on such day, shall be deemed filed as of 8:00 a.m.
or the normal opening hour, as the case may be. Petitions filed by mail
and received after midnight of the first day for filing and in the first
mail delivery or pickup of that day shall be deemed as filed as of 8:00
a.m. of that day or as of the normal opening hour of such day, as the
case may be. All petitions received thereafter shall be deemed as filed
in the order of actual receipt. Where 2 or more petitions are received
simultaneously, the State Board of Elections or the various election
authorities or local election officials with whom such petitions are
filed shall break ties and determine the order of filing, by means of a
lottery or other fair and impartial method of random selection approved
by the State Board of Elections. Such lottery shall be conducted within
9 days following the last day for petition filing and shall be open to the
public. Seven days written notice of the time and place of conducting such
random selection shall be given by the State Board of Elections to the
chairman of the State central committee of each established political
party, and by each election authority or local election official, to the
County Chairman of each established political party, and to each
organization of citizens within the election jurisdiction which was
entitled, under this Article, at the next preceding election, to have
pollwatchers present on the day of election. The State Board of Elections,
election authority or local election official shall post in a conspicuous,
open and public place, at the entrance of the office, notice of the time
and place of such lottery. The State Board of Elections shall adopt rules
and regulations governing the procedures for the conduct of such lottery.
All candidates shall be certified in the order in which their petitions
have been filed. Where candidates have filed simultaneously, they shall be
certified in the order determined by lot and prior to candidates who filed
for the same office at a later time.
(7) The State Board of Elections or the appropriate election
authority or local election official with whom such a petition for
nomination is filed shall notify the person for whom a petition for
nomination has been filed of the obligation to file statements of
organization, reports of campaign contributions, and annual reports of
campaign contributions and expenditures under Article 9 of this Act.
Such notice shall be given in the manner prescribed by paragraph (7) of
Section 9‑16 of this Code.
(8) Nomination papers filed under this Section are not valid if the
candidate named therein fails to file a statement of economic interests
as required by the Illinois Governmental Ethics Act in relation to his
candidacy with the appropriate officer by the end of the period for the
filing of nomination papers unless he has filed a statement of economic
interests in relation to the same governmental unit with that officer
within a year preceding the date on which such nomination papers were
filed. If the nomination papers of any candidate and the statement of
economic interest of that candidate are not required to be filed with
the same officer, the candidate must file with the officer with whom the
nomination papers are filed a receipt from the officer with whom the
statement of economic interests is filed showing the date on which such
statement was filed. Such receipt shall be so filed not later than the
last day on which nomination papers may be filed.
(9) Any person for whom a petition for nomination, or for committeeman or
for delegate or alternate delegate to a national nominating convention has
been filed may cause his name to be withdrawn by request in writing, signed
by him and duly acknowledged before an officer qualified to take
acknowledgments of deeds, and filed in the principal or permanent branch
office of the State Board of Elections or with the appropriate election
authority or local election official, not later than the date of
certification of candidates for the consolidated primary or general primary
ballot. No names so withdrawn shall be certified or printed on the
primary ballot. If petitions for nomination have been filed for the
same person with respect to more than one political party, his name
shall not be certified nor printed on the primary ballot of any party.
If petitions for nomination have been filed for the same person for 2 or
more offices which are incompatible so that the same person could not
serve in more than one of such offices if elected, that person must
withdraw as a candidate for all but one of such offices within the
5 business days following the last day for petition filing. If he fails to
withdraw as a candidate for all but one of such offices within such time
his name shall not be certified, nor printed on the primary ballot, for any
office. For the purpose of the foregoing provisions, an office in a
political party is not incompatible with any other office.
(10) (a) Notwithstanding the provisions of any other | ||
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(c) Notwithstanding the provisions in subparagraph | ||
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(11) If multiple sets of nomination papers are filed for a candidate to
the same office, the State Board of Elections, appropriate election
authority or local election official where the petitions are filed shall
within 2 business days notify the candidate of his or her multiple petition
filings and that the candidate has 3 business days after receipt of the
notice to notify the State Board of Elections, appropriate election
authority or local election official that he or she may cancel prior sets
of petitions. If the candidate notifies the State Board of Elections,
appropriate election authority or local election official, the last set of
petitions filed shall be the only petitions to be considered valid by the
State Board of Elections, election authority or local election official. If
the candidate fails to notify the State Board of Elections, election authority
or local
election official then only the first set of petitions filed shall be valid
and all subsequent petitions shall be void.
(12) All nominating petitions shall be available for public inspection
and shall be preserved for a period of not less than 6 months.
(Source: P.A. 86‑867; 86‑873; 86‑875; 86‑1028; 86‑1089; 87‑1052.)
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(10 ILCS 5/7‑12.1) (from Ch. 46, par. 7‑12.1)
Sec. 7‑12.1.
The provisions of Sections 10‑8 through 10‑10.1 relating to
objections to certificates of nomination and nomination papers, hearings on
objections, and judicial review, shall also apply to and govern objections
to petitions for nomination filed under this Article, except as otherwise
provided in Section 7‑‑13 for cases to which it is applicable.
(Source: Laws 1967, p. 597.)
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(10 ILCS 5/7‑13) (from Ch. 46, par. 7‑13)
Sec. 7‑13.
The board of election commissioners in cities of 500,000 or more
population having such board, shall constitute an electoral board for the
hearing and passing upon objections to nomination petitions for ward
committeemen.
Such objections shall be filed in the office of the county clerk not
less than 81 days prior to the primary. The objection shall state the name
and address of the objector, who may be any qualified elector in the ward,
the specific grounds of objection and the relief requested of the electoral
board. Upon the receipt of the objection, the county clerk shall forthwith
transmit such objection and the petition of the candidate to the board of
election commissioners. The board of election commissioners shall forthwith
notify the objector and candidate objected to of the time and place for
hearing hereon. After a hearing upon the validity of such objections, the
board shall, not less than 74 days prior to the date of the primary,
certify to the county clerk, its decision stating whether or not the name
of the candidate shall be printed on the ballot and the county clerk in his
or her certificate to the board of election commissioners shall leave off
of the certificate the name of the candidate for ward committeeman that the
election commissioners order not to be printed on the ballot. However, the
decision of the board of election commissioners is subject to judicial
review as provided in Section 10‑10.1.
The county electoral board composed as provided in Section 10‑9 shall
constitute an electoral board for the hearing and passing upon objections
to nomination petitions for precinct and township committeemen. Such
objections shall be filed in the office of the county clerk not less than
81 days prior to the primary. The objection shall state the name and
address of the objector who may be any qualified elector in the precinct or
in the township or part of a township that lies outside of a city having a
population of 500,000 or more, the specific grounds of objection and the
relief requested of the electoral board. Upon the receipt of the objection
the county clerk shall forthwith transmit such objection and the petition
of the candidate to the chairman of the county electoral board. The
chairman of the county electoral board shall forthwith notify the objector,
the candidate whose petition is objected to and the other members of the
electoral board of the time and place for hearing thereon. After hearing
upon the validity of such objections the board shall, not less than 74 days
prior to the date of the primary, certify its decision to the county clerk
stating whether or not the name of the candidate shall be printed on the
ballot, and the county clerk, in his or her certificate to the board of
election commissioners, shall leave off of the certificate the name of the
candidate ordered by the board not to be printed on the ballot, and the
county clerk shall also refrain from printing on the official primary
ballot, the name of any candidate whose name has been ordered by the
electoral board not to be printed on the ballot. However, the decision of
the board is subject to judicial review as provided in Section 10‑10.1.
In such proceedings the electoral boards have the same powers as other
electoral boards under the provisions of Section 10‑10 of this Act and
their decisions are subject to judicial review under Section 10‑10.1.
(Source: P.A. 84‑1308.)
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(10 ILCS 5/7‑13.1) (from Ch. 46, par. 7‑13.1)
Sec. 7‑13.1.
Certification of Candidates‑Consolidated
primary. Not less than 61 days
before the date of the consolidated primary, each local election
official of each political subdivision required to nominate candidates
for the respective offices by primary shall certify to each election
authority whose duty it is to prepare the official ballot for the
consolidated primary in such political subdivision the names of all
candidates in whose behalf nomination papers have been filed in the
office of such local election official
and direct the election authority to place upon the official ballot for
the consolidated primary election the names of such candidates in the same
manner and in the same order as shown upon the certification. However,
subject to appeal, the names of candidates whose
nomination papers have been held invalid by the appropriate electoral board
provided in Section 10‑9 of this Code shall not be so
certified. The certification
shall be modified as necessary to comply with the requirements of any other
statute or any ordinance adopted pursuant to Article VII of the Constitution
prescribing specific provisions for nonpartisan elections, including without
limitation Articles 3, 4 and 5 of "The Municipal Code".
The names of candidates shall be listed on the certification for the
respective offices in the order in which the candidates have filed their
nomination papers, or as determined by lot, or as otherwise specified by statute.
In every instance where applicable, the following shall also be indicated
in the certification:
(1) Where there is to be more than one candidate elected to an office
from a political subdivision or district;
(2) Where a voter has the right to vote for more than one candidate for an office;
(3) The terms of the office to be on the ballot, when a vacancy is to
be filled for less than a full term, or when offices of a particular subdivision
to be on the ballot at the same election are to be filled for different terms; and
(4) The territory in which a candidate is required by law to reside, when
such residency requirement is not identical to the territory of the political
subdivision from which the candidate is to be elected or nominated.
The local election official shall issue an amended certification
whenever it is discovered that the original certification is in error.
(Source: P.A. 84‑757.)
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(10 ILCS 5/7‑14) (from Ch. 46, par. 7‑14)
Sec. 7‑14.
Not less than 61 days before the date of the general primary the
State Board of Elections shall meet and shall examine all petitions
filed under this Article 7, in the office of the State Board of
Elections. The State Board of Elections shall then certify to the county
clerk of each county, the names of all candidates whose nomination papers
or certificates of nomination have been filed with the Board and direct the
county clerk to place upon the official ballot for the general primary
election the names of such candidates in the same manner and in the same
order as shown upon the certification.
The State Board of Elections shall, in its certificate to the county
clerk, certify the names of the offices, and the names of the candidates
in the order in which the offices and names
shall appear upon the primary ballot;
such names
to appear
in the order in which petitions have been filed in the office of the
State Board of Elections except as otherwise provided in this Article.
Not less than 55 days before the date of the general primary, each
county clerk shall certify the names of all candidates whose nomination
papers have been filed with such clerk and declare that the names of such
candidates for the respective offices shall be placed upon the official
ballot for the general primary in the order in which such nomination papers
were filed with the clerk, or as determined by lot, or as otherwise
specified by statute. Each county clerk shall place a copy of the
certification on file in his or her office and at the same time issue to
the board of election commissioners a copy of the certification that has been
filed in the county clerk's office, together with a copy of the
certification that has been issued to the clerk by the State Board of
Elections, with directions to the board of election commissioners to place
upon the official ballot for the general primary in that election
jurisdiction the names of all candidates that are listed on such
certification in the same manner and in the same order as shown upon such
certifications.
The certification shall indicate, where applicable, the following:
(1) The political party affiliation of the candidates for the respective offices;
(2) If there is to be more than one candidate elected or nominated to an
office from the State, political subdivision or district;
(3) If the voter has the right to vote for more than one candidate for an office;
(4) The term of office, if a vacancy is to be filled for less than a
full term or if the offices to be filled in a political subdivision or
district are for different terms.
The State Board of Elections or the county clerk, as the case may be,
shall issue an amended certification whenever it is discovered that the
original certification is in error.
Subject to appeal, the names of candidates whose nomination papers have
been held invalid by the appropriate electoral board provided in Section
10‑9 of this Code shall not be certified.
(Source: P.A. 86‑867.)
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(10 ILCS 5/7‑14.1) (from Ch. 46, par. 7‑14.1)
Sec. 7‑14.1.
Delegates and alternate delegates to national nominating
conventions shall be chosen according to one of the following alternative
methods of allocating delegates for election. The State central committee
of each political party established pursuant to this Article 7 shall certify
to the State Board of Elections, not less than 30 days prior to the first
date for filing of petitions for election as delegate or alternate delegate
to a national nominating convention, which of the following alternatives
it wishes to be utilized in allocating the delegates and alternate delegates
to which Illinois will be entitled at its national nominating convention.
The State Board of Elections shall meet promptly and, not less than 20 days
prior to the first date for filing of such petitions, shall publish and
certify to the county clerk in each county the number of delegates or alternate
delegates to be elected from each congressional district or from the State
at large or State convention of a political party, as the case may be,
according to the method chosen by each State central committee. If
a State central committee fails to certify to the State Board of
Elections its choice of one of the following methods prior to the
aforementioned meeting of the State Board of Elections, the State Board
of Elections shall certify delegates for that political party pursuant
to whichever of the alternatives below was used by that political party
pursuant to whichever of the alternatives below was used by that
political party in the most recent year in which delegates were
selected, subject to any subsequent amendments.
Prior to the aforementioned meeting of the State Board of Elections at
which the Board shall publish and certify to the county clerk the number
of delegates or alternate delegates to be elected from each congressional
district or the State at large or State convention, the Secretary of State
shall ascertain from the call of the national convention of each political
party the number of delegates and alternate delegates to which Illinois
will be entitled at the respective national nominating conventions. The
Secretary of State shall report the number
of delegates and alternate delegates to which Illinois will be entitled
at the respective national nominating conventions to the State Board of
Elections convened as aforesaid to be utilized by the State Board of
Elections in calculating the number of delegates and alternates to be
elected from each congressional district in the State at large or State
convention, as the case may be.
Alternative A: The State Board of Elections shall allocate the number of
delegates and alternate delegates to which the State is entitled among the
congressional districts in the State.
1. Of the number of delegates to which the State is entitled, 10, plus
those remaining unallocated under paragraph 2, shall be delegates at large.
The State central committee of the appropriate political party shall determine
whether the delegates at large shall be (a) elected in the primary from
the State at large, (b) selected by the State convention, or (c) chosen
by a combination of these 2 methods. If the State central committee determines
that all or a specified number of the delegates at large shall be elected
in the primary, the committee shall file with the Board a report of such
determination at the same time it certifies the alternative it wishes to
use in allocating its delegates.
2. All delegates other than the delegates at large shall be elected from
the congressional districts. Two delegates shall be allocated from this
number to each district. After reserving 10 delegates to be delegates at
large and allocating 2 delegates to each district, the Board shall allocate
the remaining delegates to the congressional districts pursuant to the
following formula:
(a) For each district, the number of remaining | ||
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(b) The Board shall first allocate to each district | ||
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(c) The Board shall then allocate any remaining | ||
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(d) The Board shall then allocate any remaining | ||
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(e) Any delegates remaining unallocated shall be | ||
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3. The alternate delegates at large shall be allocated in the same manner
as the delegates at large. The alternate delegates other than the alternate
delegates at large shall be allocated in the same manner as the delegates
other than the delegates at large.
Alternative B: the chairman of the State central committee shall file
with the State Board of Elections a statement of the number of delegates
and alternate delegates to which the State is entitled and the number of
such delegates and alternate delegates to be elected from congressional
districts. The State Board of Elections shall allocate such number of
delegates and alternate delegates, as the case may be, among the
congressional districts in the State for election from the congressional districts.
The Board shall utilize the sum of 1/3 of each of the following formulae
to determine the number of delegates and alternate delegates, as the case
may be, to be elected from each congressional district:
(1) Formula 1 shall be determined by multiplying paragraphs a, b and c
together as follows:
(a) The fraction derived by dividing the population | ||
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(b) 1/2;
(c) The number of delegates or alternate delegates, | ||
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(2) Formula 2 shall be determined by multiplying paragraphs a, b and c
together as follows:
(a) The fraction calculated by dividing the total | ||
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(b) 1/2;
(c) The number of delegates or alternate delegates, | ||
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(3) Formula 3 shall be determined by multiplying paragraphs a, b and c
together as follows:
(a) 1/2 of the fraction calculated by dividing the | ||
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(b) 1/2;
(c) The number of delegates or alternate delegates, | ||
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Fractional numbers of delegates and alternate delegates shall be rounded
upward in rank order to the next whole number, largest fraction first, until
the total number of delegates and alternate delegates, respectively, to
be so chosen have been allocated.
The remainder of the delegates and alternate delegates shall be selected
as determined by the State central committee of the party and shall be
certified to the State Board of Elections by the chairman of the State central
committee.
Notwithstanding anything to the contrary contained herein, with
respect to all aspects of the selection of delegates and alternate delegates
to a national nominating convention under Alternative B, this Code shall be
superceded by the delegate selection rules and policies of the
national political party including, but not limited to, the development of
an affirmative action plan.
(Source: P.A. 85‑903; 85‑958; 86‑1089.)
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(10 ILCS 5/7‑14.2) (from Ch. 46, par. 7‑14.2)
Sec. 7‑14.2.
Delegates and alternate delegates to national conventions
other than national nominating conventions shall be chosen according to
procedures established by the appropriate State central committee of a political
party established pursuant to this Article 7, which may include the procedure
prescribed by Section 7‑14.1 of this Act.
(Source: P.A. 80‑1122.)
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(10 ILCS 5/7‑14a) (from Ch. 46, par. 7‑14a)
Sec. 7‑14a.
Where there are 2 or more additional judgeships created in
any judicial district or circuit, to be filled at the same general
election and to be elected from the same district, circuit or county, each
such additional judgeship shall be designated by the State Board
of Elections by a letter of the alphabet beginning with the letter "A". Such
designation shall be made no later than one day prior to the first day for
filing of nominating petitions for such additional judgeships.
Each candidate for such additional judgeship shall specify to the State
Board of Elections upon the filing of his nominating petitions the
judgeship for which he seeks nomination. Such candidates shall be
nominated and elected for the judgeships which they have designated.
(Source: P.A. 85‑903.)
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(10 ILCS 5/7‑16) (from Ch. 46, par. 7‑16)
Sec. 7‑16.
Each election authority in each county
shall prepare and cause to be printed the primary ballot of each
political party for each precinct in his respective jurisdiction.
The election authority shall, at least 45 days prior to the date of the primary
election, have a sufficient number of ballots printed so that such
ballots will be available for mailing 45 days prior to the
primary election to persons who have filed application for a ballot
under the provisions of Article 20 of this Act.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑17) (from Ch. 46, par. 7‑17)
Sec. 7‑17.
Candidate ballot name procedures.
(a) Each election authority in each county shall cause to be
printed upon the general primary ballot of each party for each precinct
in his jurisdiction the name of each candidate whose petition for
nomination or for committeeman has been filed in the office of the
county clerk, as herein provided; and also the name of each candidate
whose name has been certified to his office by the State Board of
Elections, and in the order so certified, except as hereinafter
provided.
It shall be the duty of the election authority to cause to be printed
upon the consolidated primary ballot of each political party for each
precinct in his jurisdiction the name of each candidate whose name has
been certified to him, as herein provided and which is to be voted for
in such precinct.
(b) In the designation of the name of a candidate on the primary 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. 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, except that the title "Mrs." may be used
in the case of a married woman.
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.
(c) 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 (b) 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 (b) of this Section.
(d) 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 (c) of this Section, then the aggrieved candidate may
seek appropriate relief in circuit court.
(Source: P.A. 93‑574, eff. 8‑21‑03.)
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(10 ILCS 5/7‑18) (from Ch. 46, par. 7‑18)
Sec. 7‑18.
The primary ballot of each political party shall be
separately printed upon paper of uniform quality, texture and size, but
the primary ballot of no two political parties shall be of the same
color or tint.
The election authority shall, at least 15 days prior to the date of
the primary, post in a conspicuous place in his office an announcement
of the color of the primary ballots of the respective parties, and, in
the case of the general primary, shall also publish such announcement
for at least 1 week in at least 2 newspapers of general circulation
published in the county. In the case of the consolidated primary, the election
authority shall publish
such announcement at the same time and in the manner provided for notice
of the consolidated primary in Section 7‑15 of this Article.
(Source: P.A. 81‑963.)
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(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 two"; "Vote for three";
or a spelled number designating how many persons under that head are to
be voted for.
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.)
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(10 ILCS 5/7‑20) (from Ch. 46, par. 7‑20)
Sec. 7‑20.
On the back or outside of the primary ballot of each
precinct, so as to appear when folded, shall be printed the words
"Primary Ballot," followed by designation of said precinct, the date of
the primary and a facsimile of the signature of the election authority who
furnished the ballots.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑21) (from Ch. 46, par. 7‑21)
Sec. 7‑21.
The election authority shall transmit or cause to be delivered to the
primary judges, and to the respective local election officials prior to
the consolidated primary, specimen ballots of each political party, substantially
in the form of the official primary ballots, to be used at such primary,
which specimen ballot shall be printed upon paper of a different texture
and color from the official primary ballot. In units of local government
having fewer than 500,000
inhabitants the election authority shall have published in two or more newspapers
published in the county, municipality or
town, as the case may be, or if there is no such newspaper, then in any
two or more newspapers published in the county and having
general circulation throughout the community, at least 5 days prior to
the general primary, a true copy of the specimen ballot, and the primary judges
shall post one of each such specimen ballots at the polling place. In
counties, municipalities or towns having 500,000
or more inhabitants the primary judges shall post not less than 5 of
each such specimen ballots in the precinct, and one of each such
specimen ballots at the polling place. For the consolidated primary, the
local election official shall have the duty to make such publication with
respect to the ballots for his unit of local government, and may make his
publication as part of the announcement heretofore required.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑22) (from Ch. 46, par. 7‑22)
Sec. 7‑22.
Primary ballot boxes shall be furnished by the same authorities
and in the same manner and shall be of the same style and description as
ballot boxes furnished for the purpose of general elections, under the
provisions of this Act.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑23) (from Ch. 46, par. 7‑23)
Sec. 7‑23.
All necessary primary poll books, official poll records, tally
sheets, return blanks, stationery and other necessary primary supplies
shall be furnished by the same authorities upon whom is imposed the duty of
furnishing such supplies at general elections, by this Act.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑24) (from Ch. 46, par. 7‑24)
Sec. 7‑24.
The primary poll books shall be substantially in the following
form:
Primary poll books of the primary held in the .... precinct of the county
of .... on (insert date).
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This is to certify that the above and foregoing is a correct list of primary
voters at a primary held on (insert date) in the .... precinct, in .... county,
and State of Illinois. That at the primary the undersigned judges served as
required by law and are entitled to pay therefor.
Dated (insert date)............................. ........................................................ ........................................................ ............................ Judges of primary
The primary poll books shall otherwise be in form and shall contain the
same certificates as nearly as may be as the poll books used in the general
election and shall be signed and attested in the same manner, as nearly as
may be, as the poll books used for the purpose of general elections. If
Article 4, 5 or 6 of this Act applies to any such primary the official
poll record provided for in such applicable Article shall be used in lieu
of poll books.
(Source: 91‑357, eff. 7‑29‑99.)
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(10 ILCS 5/7‑25) (from Ch. 46, par. 7‑25)
Sec. 7‑25.
The tally sheets for each political party participating in the
primary election shall be substantially in the following form:
"Tally sheet for ....(name of political party) for the .... precinct, in
the county of .... for a primary held on the .... day of .... A.D. ....."
The names of candidates for nomination and for State central
committeemen, township, and precinct and ward committeemen, and delegates
and alternate delegates to National nominating conventions, shall be placed
on the tally sheets of each political party by the primary judges, in the
order in which they appear on the ballot.
(Source: Laws 1957, p. 1450.)
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(10 ILCS 5/7‑26) (from Ch. 46, par. 7‑26)
Sec. 7‑26.
The judges of general elections for state and county
officers are hereby constituted the
judges of primary elections in their respective precincts, under the
provisions of this Article.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑27) (from Ch. 46, par. 7‑27)
Sec. 7‑27.
It is hereby made the duty of the respective judges of general
elections to act as judges of primary elections in their respective
precincts until their successors, as judges of general elections, are duly
appointed and qualified.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑28) (from Ch. 46, par. 7‑28)
Sec. 7‑28.
If, at the time for opening of a primary, one of the primary
judges be absent, or refuse to act, the judges present shall appoint some
qualified primary elector of the precinct to act in his place. If two of
the primary judges be absent or refuse to act, the judge present shall fill
the vacancies in the same manner, as above provided. If all of the primary
judges be absent, or refuse to act, the primary electors present, who
reside in the precinct, shall select the appropriate number of themselves
to act as primary judges. The judges so selected and appointed shall take
the same oath, have the same powers, and perform the same duties and be
subject to the same penalties as regularly constituted election judges.
(Source: Laws 1957, p. 1450.)
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(10 ILCS 5/7‑30) (from Ch. 46, par. 7‑30)
Sec. 7‑30.
Previous to any vote being taken, the primary judges shall
severally subscribe and take an oath or affirmation in the following
form, to‑wit:
"I do solemnly swear (or affirm, as the case may be), that I will
support the Constitution of the United States and the Constitution of
the State of Illinois, and will faithfully and honestly discharge the
duties of primary judge, according to the best of my ability, and that I
have resided in this State for 30 days, (and only in the case of a primary
judge in counties of less than 500,000 inhabitants, have resided in this precinct for the 30 days next preceding this
primary), (and in the case of a registered voter, am entitled to vote at
this primary)."
All persons subscribing the oath and all persons
actually serving as primary judges, whether sworn or not, shall be
deemed to be and are hereby declared to be officers of the circuit court
of their respective counties.
(Source: P.A. 91‑352, eff. 1‑1‑00; 92‑16, eff. 6‑28‑01.)
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(10 ILCS 5/7‑31) (from Ch. 46, par. 7‑31)
Sec. 7‑31.
In case there is no notary public present at the opening of a
primary, or in case such notary public is appointed one of the primary
judges, the primary judges may administer the oath or affirmation to each
other.
(Source: Laws 1963, p. 1135.)
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(10 ILCS 5/7‑32) (from Ch. 46, par. 7‑32)
Sec. 7‑32.
The primary judges, except as otherwise provided in this
article, shall perform the same duties, have the same powers, and be
subject to the same penalties as judges of general elections under this
Act.
(Source: Laws 1957, p. 1450.)
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(10 ILCS 5/7‑33) (from Ch. 46, par. 7‑33)
Sec. 7‑33.
Primary judges shall receive the same pay, and shall be paid by
the same authorities and in the same manner as judges of general elections
under this Act.
(Source: Laws 1957, p. 1450.)
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(10 ILCS 5/7‑35) (from Ch. 46, par. 7‑35)
Sec. 7‑35.
The election authority
shall cause to be delivered to the primary judges of each precinct not
less than 12 hours before the time fixed for the opening of the
polls, the official primary ballot of each political party, and the
number thereof for each political party in each precinct shall be 100
for each 50 votes cast in said precinct by said
political party at the last preceding general primary election.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑36) (from Ch. 46, par. 7‑36)
Sec. 7‑36.
The official primary ballots shall be put in separate
sealed packages with marks on the outside thereof clearly designating
the precinct for which they are intended, and the number of ballots
enclosed for each political party and a receipt therefor shall be given
by the primary judge to whom such ballots are delivered, which receipt
shall be filed by the proper election authority in his office.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑37) (from Ch. 46, par. 7‑37)
Sec. 7‑37.
The election authority shall provide and retain in his office
until after the primary,
an ample supply of extra primary ballots for each political party in
each precinct, and if, at any time before or during the primary, ballots
of any precinct shall be lost, destroyed or exhausted, on written
application, signed by the primary judges of said precinct, or any of
them, he shall immediately cause to be delivered to said primary judges
such supply of extra ballots as may be required to comply with the
provision of this article.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑38) (from Ch. 46, par. 7‑38)
Sec. 7‑38.
The primaries herein provided for shall be held at the
regular polling places now established, or which may hereafter be
established, for the purposes of a general election.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑39) (from Ch. 46, par. 7‑39)
Sec. 7‑39.
Upon the opening of the polls one of the primary judges shall
make proclamation of the same. And at least thirty (30) minutes before the
closing of the polls proclamation shall be made in like manner that the
polls will be closed in half an hour.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑40) (from Ch. 46, par. 7‑40)
Sec. 7‑40.
(a) Before voting begins, the ballot box shall be emptied and shall be
opened and shown to those present to be empty, after which it shall be
locked and the key delivered to one of the primary judges, and such ballot
box shall not be removed from public view from the time it is shown to be
empty until after the close of the polls. This paragraph (a) applies
whenever permanent type ballot boxes are used, and does not apply when
ballot boxes are used in accordance with paragraph (b) of this Section.
(b) The election authority charged with providing ballot boxes for the
conduct of an election under this Article may provide non‑permanent type
ballot boxes as authorized under Section 15‑1, paragraph (b), and Section
15‑4, paragraph (b). When such ballot boxes are used, prior to the
commencement of voting and before any ballots are deposited therein, the
judges shall examine each such sealed ballot box, show it to those present
and insure that it is in fact sealed and empty; the sealed slot shall be
broken open before those present and the box inspected to insure that it is
empty and such ballot box shall not be removed from public view from the
time it is so inspected until after the close of the polls. The sealed
opening on the side of the box shall not be unsealed or opened until after
the close of the polls.
(Source: P. A. 77‑6.)
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(10 ILCS 5/7‑41) (from Ch. 46, par. 7‑41)
Sec. 7‑41. (a) All officers upon whom is imposed by law the duty of
designating and providing polling places for general elections, shall provide
in each such polling place so designated and provided, a sufficient number of
booths for such primary election, which booths shall be provided with
shelves, such supplies and pencils as will enable the voter to prepare his
ballot for voting and in which voters may prepare their ballots screened
from all observation as to the manner in which they do so. Such booths shall be
within plain view of the election officers and both they and the ballot boxes
shall be within plain view of those within the proximity of the voting booths.
No person other than election officers and the challengers allowed by law and
those admitted for the purpose of voting, as hereinafter provided, shall be
permitted within the proximity of the voting booths, except
by authority of the primary officers to keep order and enforce the law.
(b) The number of such voting booths shall not be less than one to every
seventy‑five voters or fraction thereof, who voted at the last preceding
election in the precinct or election district.
(c) No person shall do any electioneering or soliciting of votes on
primary day within any polling place or within one hundred feet of any polling
place, or, at the option of a church or private school, on any of the property of that church or private school that is a polling place. Election officers shall place 2 or more cones, small United States
national flags, or some other marker a distance of 100 horizontal feet from
each entrance to the room used by voters to engage in voting, which shall be
known as the polling room. If
the polling room is located within a building that is a private business, a public or private
school, or a church or other organization founded for the purpose of religious
worship and the
distance of 100 horizontal feet ends within the interior of the
building, then the markers shall be placed outside of the
building at each entrance used by voters to enter that
building on the grounds adjacent to the thoroughfare or walkway. If the polling
room is located within a public or private building with 2 or more floors and
the polling room is located on the ground floor, then the markers shall be
placed 100 horizontal feet from each entrance to the polling room used by
voters to engage in voting. If the polling room is located in a public or
private building with 2 or more floors and the polling room is located on a
floor above or below the ground floor,
then the markers shall be placed a distance of 100 feet from the nearest
elevator or staircase used by voters on the ground floor to access the floor
where the polling room is located. The area within where the markers are placed
shall be known as a campaign free zone, and electioneering is prohibited
pursuant to this subsection. Notwithstanding any other provision of this Section, a church or private school may choose to apply the campaign free zone to its entire property, and, if so, the markers shall be placed near the boundaries on the grounds adjacent to the thoroughfares or walkways leading to the entrances used by the voters.
The area on polling place property beyond the campaign free zone, whether
publicly or privately owned, is a public forum for the time that the polls are
open on an election day. At the request of election officers any publicly owned
building must be made available for use as a polling place. A person shall have
the right to congregate and engage in electioneering on any polling place
property while the polls are open beyond the campaign free zone, including but
not limited to, the placement of temporary signs.
This subsection shall be construed liberally in favor of persons engaging in
electioneering
on all polling place property beyond the campaign free zone for the time that
the polls are
open on an election day.
(d) The regulation of electioneering on polling place property on an
election
day, including but not limited to the placement of temporary signs, is an
exclusive power and function of the State. A home rule unit may not regulate
electioneering and any ordinance or local law contrary to subsection (c) is
declared void. This is a denial and limitation of home rule powers and
functions under subsection (h) of Section 6 of Article VII of the Illinois
Constitution.
(Source: P.A. 93‑574, eff. 8‑21‑03; 93‑847, eff. 7‑30‑04.)
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(10 ILCS 5/7‑42) (from Ch. 46, par. 7‑42)
Sec. 7‑42.
Any person entitled to vote at such primary shall, on the day of
such primary, with the consent of his employer be entitled to absent
himself from any service or employment in which he is then engaged or
employed for a period of two hours between the time of opening and closing
the polls. The employer may specify the hours during which said employe may
absent himself.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑43) (from Ch. 46, par. 7‑43)
Sec. 7‑43.
Every person having resided in this State 6 months and
in the precinct 30 days next preceding any primary therein who shall be
a citizen of the United States of the age of 18 or more
years, shall be
entitled to vote at such primary.
The following regulations shall be applicable to primaries:
No person shall be entitled to vote at a primary:
(a) Unless he declares his party affiliations as required by this
Article.
(b) Who shall have signed the petition for nomination of a candidate
of any party with which he does not affiliate, when such candidate is to
be voted for at the primary.
(c) Who shall have signed the nominating papers of an independent
candidate for any office for which office candidates for nomination are
to be voted for at such primary.
(c.5) If that person has participated in the town political party caucus,
under Section 45‑50 of the Township Code, of another political party by
signing an affidavit of voters attending the caucus within 45 days before the
first day of the calendar month in which the primary is held.
(d) If he has voted at a primary held under this Article 7 of
another political party within a period of 23 calendar months next
preceding the calendar month in which such primary is held: Provided,
participation by a primary elector in a primary of a political party
which, under the provisions of Section 7‑2 of this Article, is a
political party within a city, village or incorporated town or town only
and entitled hereunder to make nominations of candidates for city,
village or incorporated town or town offices only, and for no other
office or offices, shall not disqualify such primary elector from
participating in other primaries of his party: And, provided, that no
qualified voter shall be precluded from participating in the primary of
any purely city, village or incorporated town or town political party
under the provisions of Section 7‑2 of this Article by reason of such
voter having voted at the primary of another political party within a
period of 23 calendar months next preceding the calendar month in which
he seeks to participate is held.
(e) In cities, villages and incorporated towns having a board of
election commissioners only voters registered as provided by Article 6
of this Act shall be entitled to vote at such primary.
(f) No person shall be entitled to vote at a primary unless he is
registered under the provisions of Articles 4, 5 or 6 of this Act, when
his registration is required by any of said Articles to entitle him to
vote at the election with reference to which the primary is held.
(Source: P.A. 89‑331, eff. 8‑17‑95.)
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(10 ILCS 5/7‑44) (from Ch. 46, par. 7‑44)
Sec. 7‑44.
Any person desiring to vote at a primary shall state his name,
residence and party affiliation to the primary judges, one of whom shall
thereupon announce the same in a distinct tone of voice, sufficiently loud
to be heard by all persons in the polling place. When article 4, 5 or 6
is applicable the Certificate of Registered Voter therein prescribed shall
be made and signed and the official poll record shall be made. If the
person desiring to vote is not challenged, one of the primary judges shall
give to him one, and only one, primary ballot of the political party with
which he declares himself affiliated, on the back of which such primary
judge shall endorse his initials in such manner that they may be seen when
the primary ballot is properly folded. If the person desiring to vote is
challenged he shall not receive a primary ballot from the primary judges
until he shall have established his right to vote as hereinafter provided.
No person who refuses to state his party affiliation shall be allowed to
vote at a primary.
A person who declares his party affiliation with a statewide established
political party and requests a primary ballot of such party may nonetheless
also declare his affiliation with a political party established only within
a political subdivision, and may also vote in the primary of such local
party on the same election day, provided that such voter may not vote in
both such party primaries with respect to offices of the same political
subdivision. However, no person declaring his affiliation with a statewide
established political party may vote in the primary of any other statewide
political party on the same election day.
(Source: P.A. 81‑1535.)
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(10 ILCS 5/7‑45) (from Ch. 46, par. 7‑45)
Sec. 7‑45.
Whenever a person offering to vote at a primary is
challenged, and is not personally known to the judges of election to have
the qualifications required in this Article to vote, the person so
challenged shall make and subscribe an
affidavit in the following form, which shall be presented to and
retained by the primary judges and returned by them affixed to the
primary poll book or with the official poll record:
State of Illinois) )ss.County of .......)
I, ...., do solemnly swear (or affirm) that I am a citizen of the
United States, of the age of 18 years or over, and am qualified to vote
under and by virtue of the Constitution and laws of the State of
Illinois, and am a legally qualified voter of the precinct; that I now
reside at ....(insert street and number, if any) in this precinct, and
am a member of and affiliated with the .... party; that I have not
voted at a primary of another political party within a period of 23
calendar months prior to the calendar month in which this primary is
being held; and that I voted at the .... city, village, incorporated
town, or town primary, with the .... political party at the ....
election held in ...., .... which the .... political party was
entitled at such primary to make nominations of candidates for city,
village, incorporated town or town offices only, and for no other
offices, and that the name or names of no candidate or candidates of the
.... political party (the political party with which the primary
elector declares himself affiliated) were, at such city, village,
incorporated town or town primary, printed on the primary ballot; that I
have not signed the petition for nomination of a candidate of a
political party with which I am not affiliated, and that I have not
signed the nominating papers of an independent candidate for any office
for which office candidates for nomination are voted for at this
primary.
.........................
Subscribed and sworn to before me, this .... day of ...., ....
.........................
Judge of Primary
In addition to such affidavit the person so challenged shall provide to
the judges of election proof of residence by producing two
forms of identification showing the person's current residence address,
provided that such identification may include not more than
one piece of mail addressed to the person at his current residence address
and postmarked not earlier than 30 days prior to the date of the primary
election, or the person shall produce the affidavit of one voter of the
precinct, who shall be a qualified
voter at such primary, and who shall be personally known or proved to
the judges to be a voter in the precinct, which affidavit shall be in
the following form:
State of Illinois) )ss.County of........)
I,...., do solemnly swear (or affirm) that I am a voter of this
precinct and entitled to vote at this primary; that I am acquainted with
....(name of the party challenged), whose right to vote at this primary
has been challenged; that I know him or her to be an actual bona fide resident
of this precinct, and that he has resided herein 30 days, and I verily
believe he or she has resided in this State 30 days next preceding this
primary; that I verily believe he or she is a member of and affiliated with the
.... party.
.........................
Subscribed and sworn to before me, this .... day of ...., ....
.........................
Judge of Primary
(Source: P.A. 86‑867.)
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(10 ILCS 5/7‑46) (from Ch. 46, par. 7‑46)
Sec. 7‑46.
On receiving from the primary judges a primary ballot of his
party, the primary elector shall forthwith and without leaving the polling
place, retire alone to one of the voting booths and prepare such primary
ballot by marking a cross (X) in the square in front of and opposite the
name of each candidate of his choice for each office to be filled, and for
delegates and alternate delegates to national nominating conventions, and
for committeemen, if committeemen are being elected at such primary.
Any primary elector may, instead of voting for any candidate for
nomination or for committeeman or for delegate or alternate delegate to
national nominating conventions, whose name is printed on the primary
ballot, write in the name of any other person affiliated with such party as
a candidate for the nomination for any office, or for committeeman, or for
delegates or alternate delegates to national nominating conventions, and
indicate his choice of such candidate or committeeman or delegate or
alternate delegate, by placing to the left of and opposite the name thus
written a square and placing in the square a cross (X).
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: Laws 1965, p. 2220.)
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(10 ILCS 5/7‑47) (from Ch. 46, par. 7‑47)
Sec. 7‑47.
Before leaving the booth, the primary elector shall fold his
primary ballot in such manner as to conceal the marks thereon. Such voter
shall then vote forthwith by handing the primary judge the primary ballot
received by such voter. Thereupon the primary judge shall deposit such
primary ballot in the ballot box. One of the judges shall thereupon enter
in the primary poll book the name of the primary elector, his residence and
his party affiliation or shall make the entries on the official poll record
as required by articles 4, 5 and 6, if any one of them is applicable.
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: Laws 1965, p. 2220.)
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(10 ILCS 5/7‑47.1) (from Ch. 46, par. 7‑47.1)
Sec. 7‑47.1.
(a) In the case of an emergency, as determined by the
State Board of Elections, or if the Board determines that all potential
polling places have been surveyed by the election authority and that no
accessible polling place, as defined by rule of the State Board of
Elections, is available within a precinct nor is the election authority
able to make a polling place within the precinct temporarily accessible,
the Board, upon written application by the election authority, is
authorized to grant an exemption from the accessibility requirements of the
Federal Voting Accessibility for the Elderly and Handicapped Act (Public
Law 98‑435). Such exemption shall be valid for a period of 2 years.
(b) Any temporarily or permanently physically disabled voter who,
because of structural features of the building in which the polling place
is located, is unable to access or enter the polling place, may request
that 2 judges of election of opposite party affiliation deliver a ballot to
him or her at the point where he or she is unable to continue forward
motion toward the polling place; but, in no case, shall a ballot be
delivered to the voter beyond 50 feet of the entrance to the building in
which the polling place is located. Such request shall be made to the
election authority not later than the close of business at the election
authority's office on the day before the election and on a form prescribed
by the State Board of Elections. The election authority shall notify the
judges of election for the appropriate precinct polling places of such requests.
Weather permitting, 2 judges of election shall deliver to the
disabled voter the ballot which he or she is entitled to vote, a portable
voting booth or other enclosure that will allow such voter to mark his or
her ballot in secrecy, and a marking device.
(c) The voter must complete the entire voting process, including the
application for ballot from which the judges of election shall compare the
voter's signature with the signature on his or her registration record card
in the precinct binder.
After the voter has marked his or her ballot and placed it in the
ballot envelope (or folded it in the manner prescribed for paper ballots),
the 2 judges of election shall return the ballot to the polling place and
give it to the judge in charge of the ballot box who shall deposit it therein.
Pollwatchers as provided in Sections 7‑34 and 17‑23 of this Code shall
be permitted to accompany the judges and observe the above procedure.
No assistance may be given to such voter in marking his or her ballot,
unless the voter requests assistance and completes the affidavit required
by Section 17‑14 of this Code.
(Source: P.A. 84‑808.)
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(10 ILCS 5/7‑48) (from Ch. 46, par. 7‑48)
Sec. 7‑48.
Any primary elector who may declare upon oath, properly
witnessed and with his or her signature or mark affixed, that he or she
requires assistance to vote by reason of blindness, physical disability or
inability to read, write or speak the English language, shall, upon
request, be assisted in marking his or her primary ballot in the same
manner as provided by this Act for general elections.
(Source: P.A. 84‑808.)
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(10 ILCS 5/7‑49) (from Ch. 46, par. 7‑49)
Sec. 7‑49.
After the opening of the polls at a primary no adjournment shall
be had nor recess taken until the canvass of all the votes is completed and
the returns carefully enveloped and sealed.
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: Laws 1965, p. 2220.)
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(10 ILCS 5/7‑50) (from Ch. 46, par. 7‑50)
Sec. 7‑50.
The votes shall be canvassed in the room or place where the
primary is held and the primary judges shall not allow the ballot box or
any of the ballots, or the primary poll book, or any of the tally sheets to
be removed or carried away from such room or polling place until the
canvass of the votes is completed and the returns carefully enveloped and
sealed.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑51) (from Ch. 46, par. 7‑51)
Sec. 7‑51.
If the primary elector marks more names upon the primary
ballot than there are persons to be nominated as candidates for an
office, or for State central committeemen, or precinct committeemen, or
township committeemen, or ward committeemen, or delegates or alternate
delegates to National nominating conventions, or if for any reason it is
impossible to determine the primary elector's choice of a candidate for
the nomination for an office, or committeeman, or delegate, his primary
ballot shall not be counted for the nomination for such office or
committeeman.
No primary ballot, without the endorsement of the judge's initials
thereon, shall be counted.
No judge shall omit to endorse his initials on a primary ballot, as
required by this Article, nor shall any person not authorized so to do
initial a primary ballot knowing that he is not so authorized.
Primary ballots not counted shall be marked "defective" on the back
thereof; and primary ballots to which objections have been made by
either of the primary judges or challengers shall be marked "objected
to" on the back thereof; and a memorandum, signed by the primary judges,
stating how it was counted, shall be written on the back of each primary
ballot so marked; and all primary ballots marked "defective" or
"objected to" shall be enclosed in an envelope and securely sealed, and
so marked and endorsed as to clearly disclose its contents. The envelope
to be used for enclosing ballots marked "defective" or "objected to"
shall bear upon its face, in not less than 1 1/2 inch type, the legend:
"This envelope is for use after 6:00 P.M. only." The envelope to be used
for enclosing ballots spoiled by voters while attempting to vote shall
bear upon its face, in not less than 1 1/2 inch type, the legend: "This
envelope is for use before 6:00 P.M. only."
All primary ballots not voted, and all that have been spoiled by
voters while attempting to vote, shall be returned to the proper election authority
by the primary judges, and a receipt taken therefor, and shall be
preserved 2 months. Such official shall keep a record of the number of
primary ballots delivered for each polling place, and he or they shall
also enter upon such record the number and character of primary ballots
returned, with the time when and the persons by whom they are returned.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑52) (from Ch. 46, par. 7‑52)
Sec. 7‑52.
Immediately upon closing the polls, the primary judges
shall proceed to canvass the votes in the manner following:
(1) They shall separate and count the ballots of each political
party.
(2) They shall then proceed to ascertain the number of names entered
on the applications for
ballot under each party
affiliation.
(3) If the primary ballots of any political party exceed
the number of applications for ballot by
voters of such political party, the primary ballots of such
political party shall be folded and replaced in the ballot box, the box
closed, well shaken and again opened and one of the primary judges, who
shall be blindfolded, shall draw out so many of the primary
ballots of such political party as shall be equal to such excess. Such
excess ballots shall be marked "Excess‑Not Counted" and signed by a majority
of the judges and
shall be placed in the "After 6:00 p.m. Defective Ballots Envelope".
The number of excess ballots shall be noted in the remarks section of the Certificate
of Results. "Excess" ballots shall not be counted in the total of "defective"
ballots;
(4) The primary judges shall then proceed to count the
primary ballots of each political party separately; and as the primary judges
shall open and read the primary ballots, 3 of the judges shall carefully
and correctly mark upon separate tally sheets the votes which each
candidate of the party whose name is written or printed on the primary
ballot has received, in a separate column for that purpose, with the
name of such candidate, the name of his political party and the name of
the office for which he is a candidate for nomination at the head of
such column.
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. 80‑484.)
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(10 ILCS 5/7‑53) (from Ch. 46, par. 7‑53)
Sec. 7‑53.
As soon as the ballots of a political party shall have
been read and the votes of the political party counted, as provided in
the last above section, the 3 judges in charge of the tally sheets shall
foot up the tally sheets so as to show the total number of votes cast
for each candidate of the political party and for each candidate for
State Central committeeman and precinct committeeman, township
committeeman or ward committeeman, and delegate and alternate delegate
to National nominating conventions, and certify the same to be correct.
Thereupon, the primary judges shall set down in a certificate of results
on the tally sheet, under the name of the political party, the name of
each candidate voted for upon the primary ballot, written at full
length, the name of the office for which he is a candidate for
nomination or for committeeman, or delegate or alternate delegate to
National nominating conventions, the total number of votes which the
candidate received, and they shall also set down the total number of
ballots voted by the primary electors of the political party in the
precinct. The certificate of results shall be made substantially in the
following form:
................ Party
At the primary election held in the .... precinct of the (1) *township of
...., or (2) *City of ...., or (3) *.... ward in the city of .... on (insert
date), the primary electors of the ....
party voted .... ballots, and the respective candidates whose names were
written or printed on the primary ballot of the .... party, received
respectively the following votes:
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*Fill in either (1), (2) or (3).
And so on for each candidate.
We hereby certify the above and foregoing to be true and correct.
Dated (insert date).
...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
...................................
Name Address
Judges of Primary
Where voting machines or electronic voting systems are used, the
provisions of this Section may be modified as required or authorized by
Article 24 and Article 24A, whichever is applicable.
(Source: P.A. 91‑357, eff. 7‑29‑99.)
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(10 ILCS 5/7‑54) (from Ch. 46, par. 7‑54)
Sec. 7‑54.
After the votes of a political party have been counted and
set down and the tally sheets footed and the entry made in the primary
poll books or return, as above provided, all the primary ballots of said
political party, except those marked "defective" or "objected to" shall
be securely bound, lengthwise and in width, with a soft cord having a
minimum tensile strength of 60 pounds separately for each political
party in the order in which said primary ballots have been read, and
shall thereupon be carefully sealed in an envelope, which envelope shall
be endorsed as follows:
"Primary ballots of the.... party of the.... precinct of the county
of.... and State of Illinois."
Below each endorsement, each primary judge shall write his name.
Immediately thereafter the judges shall designate one of their number to
go to the nearest
telephone and report to the office of the county clerk or board of
election commissioners (as the case may be) the results of such primary.
Such clerk or board shall keep his or its office open after the close of
the polls until he or it has received from each precinct under his or
its jurisdiction the report above provided for. Immediately upon
receiving such report such clerk or board shall cause the same to be
posted in a public place in his or its office for inspection by the
public. Immediately after making such report such judge shall return to
the polling place.
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. 81‑1433.)
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(10 ILCS 5/7‑55) (from Ch. 46, par. 7‑55)
Sec. 7‑55.
The primary poll books or the official poll record, and the
tally sheets with the certificates of the primary judges written thereon,
together with the envelopes containing the ballots, including the envelope
containing the ballots marked "defective" or "objected to", shall be
carefully enveloped and sealed up together, properly endorsed, and the
primary judges shall elect 2 judges (one from each of the major political
parties), who shall immediately deliver the same to the clerk from whom the
primary ballots were obtained, which clerk shall safely keep the same for 2
months, and thereafter shall safely keep the poll books until the next
primary. Each election authority shall keep the office of the election
authority, or any receiving stations designated by such authority, open
for at least 12 consecutive hours after the polls close,
or until the judges of each precinct under the jurisdiction of the election
authority have delivered to the election authority all the above materials
sealed up together and properly endorsed as provided herein. Materials
delivered to the election authority which are not in the condition required
by this Section shall not be accepted by the election authority until the
judges delivering the same make and sign the necessary corrections. Upon
acceptance of the materials by the election authority, the judges delivering
the same shall take a receipt signed by the election authority and stamped
with the time and date of
such delivery. The election judges whose duty it is to deliver any materials
as above provided shall, in the event such materials cannot be found when
needed, on proper request, produce the receipt which they are to take as
above provided.
The county clerk or board of election commissioners shall deliver a copy
of each tally sheet to the county chairmen of the two largest political
parties.
Where voting machines or electronic voting systems are used, the
provisions of this section may be modified as required or authorized by
Article 24 and Article 24A, whichever is applicable.
(Source: P.A. 83‑764.)
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(10 ILCS 5/7‑56.1) (from Ch. 46, par. 7‑56.1)
Sec. 7‑56.1.
The county clerk or board of election commissioners shall, upon request,
and by mail if so requested, furnish free of charge to any candidate for
State office, including State Senator and Representative in the General
Assembly, whose name appeared upon the primary ballot within the
jurisdiction of the county clerk or board of election commissioners, a copy
of the abstract of votes by precinct for all candidates for the office for
which such person was a candidate. Such abstract shall be furnished no
later than 2 days after the receipt of the request or 8 days after the
completing of the canvass, whichever is later.
(Source: P. A. 78‑775.)
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(10 ILCS 5/7‑56.2) (from Ch. 46, par. 7‑56.2)
Sec. 7‑56.2.
The provisions of this Article 7 governing the conduct of
primaries for the nomination of officers of units of local government at
the consolidated primary of odd numbered years, shall also govern the conduct
of those municipal primaries held in even numbered years 6 weeks before
the date of the general primary election pursuant to Article 2A of this
Code. In applying the provisions of this Article to those even numbered
year municipal elections, references to the "election" shall be construed
to refer to the municipal election to be held on the day of the general
primary, and references to the "consolidated primary" shall be construed
to refer to the municipal primary of the even numbered year.
(Source: P.A. 80‑1469.)
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(10 ILCS 5/7‑57) (from Ch. 46, par. 7‑57)
Sec. 7‑57.
The death of any candidate prior to, or on, the date of the
primary shall not affect the canvass of the ballots. If the result of such
canvass discloses that such candidate, if he had lived, would have been
nominated, such candidate shall be declared nominated.
(Source: Laws 1943, vol. 2, p. 1.)
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(2) If there is to be more than one candidate elected | ||
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(3) If the voter has the right to vote for more than | ||
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(4) The term of office, if a vacancy is to be filled | ||
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The State Board of Elections or the county clerk, as the case may be,
shall issue an amended certification whenever it is discovered that the
original certification is in error.
(Source: P.A. 94‑645, eff. 8‑22‑05; 94‑647, eff. 1‑1‑06; 94‑1000, eff. 7‑3‑06.)
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(2) If there is to be more than one candidate elected | ||
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(3) If the voter has the right to vote for more than | ||
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(4) The term of office, if a vacancy is to be filled | ||
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The local election official shall issue an amended certification whenever
it is discovered that the original certification is in error.
(Source: P.A. 94‑647, eff. 1‑1‑06.)
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(10 ILCS 5/7‑62) (from Ch. 46, par. 7‑62)
Sec. 7‑62.
In cities having a board of election commissioners, the duties
herein imposed upon the county, city, incorporated town or village clerk,
as the case may be, shall be discharged by the board of election
commissioners in the same manner, as near as may be, and to the same extent
and with like effect that the similar duties imposed by this Article are
discharged by the county, city, incorporated town or village clerk, as the
case may be; and the ballots for the nomination of all candidates to be
voted for in such city shall be printed by the board of election
commissioners and the returns of the primary held in such city shall be
made to such board of election commissioners.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑64) (from Ch. 46, par. 7‑64)
Sec. 7‑64.
Nothing in this article contained shall be construed to prevent
the nomination of independent candidates by petition, as is now or may
hereafter be provided by this Act or any other law.
(Source: Laws 1943, vol. 2, p. 1.)
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(10 ILCS 5/7‑65) (from Ch. 46, par. 7‑65)
Sec. 7‑65.
The invalidity of any portion of this Article 7 shall not affect
the validity of any other portion hereof, which can be given effect without
such invalid part.
(Source: Laws 1943, vol. 2, p. 253.)
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(10 ILCS 5/7‑66)
Sec. 7‑66.
Precinct tabulation optical scan technology voting equipment.
If the election authority has adopted the use of Precinct
Tabulation Optical Scan Technology voting equipment pursuant to
Article 24B of this Code, and the provisions of the Article are
in conflict with the provisions of this Article 7, the
provisions of Article 24B shall govern the procedures followed by
the election authority, its judges of elections, and all
employees and agents. In following the provisions of
Article 24B, the election authority is authorized to develop and
implement procedures to fully utilize Precinct Tabulation Optical
Scan Technology voting equipment authorized by the State Board of
Elections as long as the procedure is not in conflict with
either Article 24B or the administrative rules of the State Board
of Elections.
(Source: P.A. 89‑394, eff. 1‑1‑97.)
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(2) The fibers of paper on at least one edge of the | ||
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(3) An indentation on the chad from the stylus or | ||
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(b) Write‑in votes shall be counted in a manner consistent with the existing
provisions of this Code.
(c) For purposes of this Section, a "chad" is that portion of a ballot card
that a voter punches or perforates with a stylus or other designated marking
device to manifest his or her vote for a particular ballot position on a ballot
card as defined in subsection (a).
(d) Prior to the original counting of any punch card ballots, an election judge may not alter a punch card ballot in any manner, including, but not limited to, the removal or manipulation of chads.
(Source: P.A. 94‑645, eff. 8‑22‑05.) |
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