Public Act 094-1090
 		





HB4173 Enrolled
LRB094 14863 JAM 49870 b






    AN ACT concerning elections.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:

 
    Section 5. The Election Code is amended  by changing 
Sections 7-10.2, 7-17, 8-8.1, 10-5.1, and 16-3 as follows:
 



    (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. If a candidate has changed his or her name, whether by 
a statutory or common law procedure in Illinois or any other 
jurisdiction, within 3 years before the last day for filing the 
petition or certificate for that office, whichever is 
applicable, then (i) the candidate's name on the petition or 
certificate must be followed by "formerly known as (list all 
prior names during the 3-year period) until name changed on 
(list date of each such name change)" and (ii) the petition or 
certificate must be accompanied by the candidate's affidavit 
stating the candidate's previous names during the period 
specified in (i) and the date or dates each of those names was 
changed; failure to meet these requirements shall be grounds 
for denying certification of the candidate's name for the 
ballot or removing the candidate's name from the ballot, as 
appropriate, but these requirements do not apply to name 
changes resulting from adoption to assume an adoptive parent's 
or parents' surname, marriage to assume a spouse's surname, or 
dissolution of marriage or declaration of invalidity of 
marriage to assume a former surname. No other designation such 
as a political slogan, 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.)

 



    (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. If a candidate has changed his or her 
name, whether by a statutory or common law procedure in 
Illinois or any other jurisdiction, within 3 years before the 
last day for filing the petition for nomination, nomination 
papers, or certificate of nomination for that office, whichever 
is applicable, then (i) the candidate's name on the primary 
ballot must be followed by "formerly known as (list all prior 
names during the 3-year period) until name changed on (list 
date of each such name change)" and (ii) the petition, papers, 
or certificate must be accompanied by the candidate's affidavit 
stating the candidate's previous names during the period 
specified in (i) and the date or dates each of those names was 
changed; failure to meet these requirements shall be grounds 
for denying certification of the candidate's name for the 
ballot or removing the candidate's name from the ballot, as 
appropriate, but these requirements do not apply to name 
changes resulting from adoption to assume an adoptive parent's 
or parents' surname, marriage to assume a spouse's surname, or 
dissolution of marriage or declaration of invalidity of 
marriage to assume a former surname. No other designation such

as a political slogan, title, or degree, or nickname suggesting 
or
implying possession of
a title, degree or professional 
status, or similar information may be
used in connection
with 
the candidate's surname, 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.)

 



    (10 ILCS 5/8-8.1)  (from Ch. 46, par. 8-8.1)



    Sec. 8-8.1. In the designation of the name of a candidate 
on a petition for
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. If a candidate has changed 
his or her name, whether by a statutory or common law procedure 
in Illinois or any other jurisdiction, within 3 years before 
the last day for filing the petition for that office, then (i) 
the candidate's name on the petition must be followed by 
"formerly known as (list all prior names during the 3-year 
period) until name changed on (list date of each such name 
change)" and (ii) the petition must be accompanied by the 
candidate's affidavit stating the candidate's previous names 
during the period specified in (i) and the date or dates each 
of those names was changed; failure to meet these requirements 
shall be grounds for denying certification of the candidate's 
name for the ballot or removing the candidate's name from the 
ballot, as appropriate, but these requirements do not apply to 
name changes resulting from adoption to assume an adoptive 
parent's or parents' surname, marriage to assume a spouse's 
surname, or dissolution of marriage or declaration of 
invalidity of marriage to assume a former surname. No other

designation such as a political slogan, title, or degree, or 
nickname
suggesting or implying
possession of a title, degree 
or professional status, or similar information
may be used
in 
connection with the candidate's surname, except that the title 
"Mrs."
may be used in the case of a married woman.

(Source: P.A. 93-574, eff. 8-21-03.)

 



    (10 ILCS 5/10-5.1)  (from Ch. 46, par. 10-5.1)



    Sec. 10-5.1. In the designation of the name of a candidate 
on a certificate of
nomination or nomination papers the 
candidate's given name or names,
initial or initials, a 
nickname by which the candidate is commonly
known, or a 
combination thereof, may be used in addition to the
candidate's 
surname. If a candidate has changed his or her name, whether by 
a statutory or common law procedure in Illinois or any other 
jurisdiction, within 3 years before the last day for filing the 
certificate of nomination or nomination papers for that office, 
whichever is applicable, then (i) the candidate's name on the 
certificate or papers must be followed by "formerly known as 
(list all prior names during the 3-year period) until name 
changed on (list date of each such name change)" and (ii) the 
certificate or paper must be accompanied by the candidate's 
affidavit stating the candidate's previous names during the 
period specified in (i) and the date or dates each of those 
names was changed; failure to meet these requirements shall be 
grounds for denying certification of the candidate's name for 
the ballot or removing the candidate's name from the ballot, as 
appropriate, but these requirements do not apply to name 
changes resulting from adoption to assume an adoptive parent's 
or parents' surname, marriage to assume a spouse's surname, or 
dissolution of marriage or declaration of invalidity of 
marriage to assume a former surname. No other designation such 
as a political slogan,
title, or
degree, or
nickname suggesting 
or implying possession of a title, degree or professional

status, or
similar information may be used in connection with 
the candidate's
surname, except that the title "Mrs." may be 
used in the case of a
married woman.

(Source: P.A. 93-574, eff. 8-21-03.)

 



    (10 ILCS 5/16-3)  (from Ch. 46, par. 16-3)



    Sec. 16-3. (a) The names of all candidates to be voted for 
in each
election district or precinct shall be printed on one 
ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of 
this Act and except as otherwise
provided in this Act with 
respect to the odd year regular elections and
the emergency 
referenda; all nominations
of any political party being placed 
under the party appellation or title
of such party as 
designated in the certificates of nomination or
petitions. The 
names of all independent candidates shall be printed upon
the 
ballot in a column or columns under the heading "independent"

arranged under the names or titles of the respective offices 
for which
such independent candidates shall have been nominated 
and so far as
practicable, the name or names of any independent 
candidate or
candidates for any office shall be printed upon 
the ballot opposite the
name or names of any candidate or 
candidates for the same office
contained in any party column or 
columns upon said ballot. The ballot
shall contain no other 
names, except that in cases of electors for
President and 
Vice-President of the United States, the names of the

candidates for President and Vice-President may be added to the 
party
designation and words calculated to aid the voter in his 
choice of candidates
may be added, such as "Vote for one," 
"Vote for three." When an electronic
voting system is used 
which utilizes a ballot label booklet, the candidates
and 
questions shall appear on the pages of such booklet in the 
order
provided by this Code; and, in any case where candidates 
for an office
appear on a page which does not contain the name 
of any candidate for
another office, and where less than 50% of 
the page is utilized, the name of
no candidate shall be printed 
on the lowest 25% of such page. On the back or
outside of the 
ballot, so as to appear when folded, shall be printed the words

"Official Ballot", followed by the designation of the polling 
place for
which the ballot is prepared, the date of the 
election and a facsimile
of the signature of the election 
authority who has caused the ballots to
be printed. The ballots 
shall be of plain white paper, through which the
printing or 
writing cannot be read. However, ballots for use at the

nonpartisan and consolidated elections may be printed on 
different color
paper, except blue paper, whenever necessary or 
desirable to facilitate
distinguishing between ballots for 
different political subdivisions. In
the case of nonpartisan 
elections for officers of a political
subdivision, unless the 
statute or an ordinance adopted pursuant to
Article VII of the 
Constitution providing the form of government
therefor 
requires otherwise, the column listing such nonpartisan

candidates shall be printed with no appellation or circle at 
its head.
The party appellation or title, or the word 
"independent" at the head of
any column provided for 
independent candidates, shall be printed in letters not less 
than one-fourth of an inch in height
and a
circle one-half inch 
in diameter shall be printed at the beginning of
the line in 
which such appellation or title is printed, provided,
however, 
that no such circle shall be printed at the head of any column

or columns provided for such independent candidates. The names 
of
candidates shall be printed in letters not less than 
one-eighth
nor more than one-fourth of an inch in height, and 
at the beginning of
each line in which a name of a candidate is 
printed a square shall be
printed, the sides of which shall be 
not less than one-fourth of an inch
in length. However, the 
names of the candidates for Governor and
Lieutenant Governor on 
the same ticket shall be printed within a bracket
and a single 
square shall be printed in front of the bracket. The list
of 
candidates of the several parties and any such list of 
independent
candidates shall be placed in separate columns on 
the ballot in such
order as the election authorities charged 
with the printing of the
ballots shall decide; provided, that 
the names of the candidates of the
several political parties, 
certified by the State Board of Elections to
the several county 
clerks shall be printed by the county clerk of the
proper 
county on the official ballot in the order certified by the 
State
Board of Elections. Any county clerk refusing, neglecting 
or failing to
print on the official ballot the names of 
candidates of the several
political parties in the order 
certified by the State Board of
Elections, and any county clerk 
who prints or causes to be printed upon
the official ballot the 
name of a candidate, for an office to be filled
by the Electors 
of the entire State, whose name has not been duly
certified to 
him upon a certificate signed by the State Board of
Elections 
shall be guilty of a Class C misdemeanor.

    (b) When an electronic voting system is used which utilizes 
a ballot
card,
on the inside flap of each ballot card envelope 
there shall be printed
a form for write-in voting which shall 
be substantially as follows:

WRITE-IN VOTES


    (See card of instructions for specific information. 
Duplicate form below
by hand for additional write-in votes.)
 
     _____________________________
 
     Title of Office

(   )  ____________________________
 
     Name of Candidate

    (c) When an electronic voting system is used which uses a 
ballot sheet,
the
instructions to voters on the ballot sheet 
shall refer the voter to the
card of instructions for specific 
information on write-in voting. Below
each office appearing on 
such ballot sheet there shall be a provision for
the casting of 
a write-in vote.

    (d) When such electronic system is used, there shall be 
printed on the
back of each ballot card, each ballot card 
envelope, and
the first page of the ballot label when a ballot 
label is used, the
words "Official Ballot," followed by the 
number of the
precinct or other precinct identification, which 
may be stamped, in lieu
thereof and, as applicable, the number 
and name of the township, ward
or other election district for 
which the ballot card, ballot card
envelope, and ballot label 
are prepared, the date of the election and a
facsimile of the 
signature of the election authority who has caused the
ballots 
to be printed.  The back of the ballot card shall also include
a 
method of identifying the ballot configuration such as a 
listing of the
political subdivisions and districts for which 
votes may be cast on that
ballot, or a number code identifying 
the ballot configuration or color coded
ballots, except that 
where there is only one ballot configuration in a
precinct, the 
precinct identification, and any applicable ward

identification, shall be sufficient.  Ballot card envelopes 
used in punch
card systems shall be of paper through which no 
writing or punches may be
discerned and shall be of sufficient 
length to enclose all voting
positions.  However, the election 
authority may provide
ballot card envelopes on which no 
precinct number or township, ward or
other election district 
designation, or election date are preprinted, if
space and a 
preprinted form are provided below the space provided for
the 
names of write-in candidates where such information may be 
entered
by the judges of election.  Whenever an election 
authority utilizes
ballot card envelopes on which the election 
date and precinct is not
preprinted, a judge of election shall 
mark such information for the
particular precinct and election 
on the envelope in ink before tallying
and counting any 
write-in vote written thereon.
If some method of insuring 
ballot secrecy other than an envelope is used,
such information 
must be provided on the ballot itself.

    (e) In the designation of the name of a candidate on the 
ballot, the
candidate's given name or names, initial or 
initials, a nickname by
which the candidate is commonly known, 
or a combination thereof, may be
used in addition to the 
candidate's surname. If a candidate has changed his or her 
name, whether by a statutory or common law procedure in 
Illinois or any other jurisdiction, within 3 years before the 
last day for filing the petition for nomination, nomination 
papers, or certificate of nomination for that office, whichever 
is applicable, then (i) the candidate's name on the ballot must 
be followed by "formerly known as (list all prior names during 
the 3-year period) until name changed on (list date of each 
such name change)" and (ii) the petition, papers, or 
certificate must be accompanied by the candidate's affidavit 
stating the candidate's previous names during the period 
specified in (i) and the date or dates each of those names was 
changed; failure to meet these requirements shall be grounds 
for denying certification of the candidate's name for the 
ballot or removing the candidate's name from the ballot, as 
appropriate, but these requirements do not apply to name 
changes resulting from adoption to assume an adoptive parent's 
or parents' surname, marriage to assume a spouse's surname, or 
dissolution of marriage or declaration of invalidity of 
marriage to assume a former surname. No other designation such

as a political slogan, title, or degree or nickname suggesting 
or
implying possession of a
title, degree or professional 
status, or similar information may be used
in connection with 
the candidate's surname, 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.

    (f) The State Board of Elections, a local election 
official, or an
election
authority shall remove any candidate's 
name designation from a ballot that is
inconsistent with 
subsection (e) of this Section. In addition, the State Board
of 
Elections, a local election official, or an election authority 
shall not
certify to any election authority any candidate name 
designation that is
inconsistent with subsection (e) of this 
Section.

    (g) If the State Board of Elections, a local election 
official, or an
election
authority removes a candidate's name 
designation from a ballot under
subsection (f) of this Section, 
then the aggrieved candidate may seek
appropriate relief in 
circuit court.

    Where voting machines or electronic voting systems are 
used, the
provisions of this Section may be modified as 
required or authorized by
Article 24 or Article 24A, whichever 
is applicable.

    Nothing in this Section shall prohibit election 
authorities from using
or reusing ballot card envelopes which 
were printed before the effective
date of this amendatory Act 
of 1985.

(Source: P.A. 92-178, eff. 1-1-02; 93-574, eff. 8-21-03.)