SB 2764

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Full Text of SB2764
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	SB2764 - 104th General Assembly
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			Senate Amendment 001
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		Senate Amendment 001
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2764
Introduced 1/13/2026, by Sen. Rachel Ventura
SYNOPSIS AS INTRODUCED:
10 ILCS 5/7-61	  from Ch. 46, par. 7-61
10 ILCS 5/9-30
10 ILCS 5/10-11	  from Ch. 46, par. 10-11
10 ILCS 5/19-4	  from Ch. 46, par. 19-4
10 ILCS 5/19A-35
Amends the Election Code. In provisions concerning ballot forfeiture, provides that any civil penalty paid after the State Board of Elections transmits the list of all candidates whose political committees have not paid an assessed civil penalty shall not result in the election authority placing the candidate who paid the civil penalty on the ballot. Provides that, if a candidate forfeits his or her ballot under the provision, then that candidate may not be appointed to fulfill the resulting vacancy. In provisions concerning the making of nominations, provides that any vacancy in nomination occurring after certification shall be filled at least 45 days before the election for which there is a vacancy (rather than within 8 days after the event creating the vacancy). Provides that, unless a candidate has appealed a civil penalty assessment and the Board has not disposed of the appeal by the certification date, the election authority shall not place upon the ballot the name of any candidate appearing on this list for any office in any election. Provides that any civil penalty paid after the Board certifies the ballot (rather than transmits the list of all candidates whose political committees have not paid any civil penalty) shall not result in the election authority placing the candidate who paid the civil penalty on the ballot. In provisions concerning the delivery of ballots, provides that, if a consolidated primary election is required, vote by mail ballots for the consolidated election shall be mailed no later than 5 business days after the completion of the canvass of the consolidated primary election. Makes other changes.
LRB104 16267 SPS 29651 b
A BILL FOR
		SB2764		LRB104 16267 SPS 29651 b
1    AN ACT concerning elections.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Election Code is amended by changing
5Sections 7-61, 9-30, 10-11, 19-4, and 19A-35 as follows:
6    (10 ILCS 5/7-61)  (from Ch. 46, par. 7-61)
7    Sec. 7-61. Whenever a special election is necessary, the
8provisions of this Article are applicable to the nomination of
9candidates to be voted for at such special election.
10    In cases where a primary election is required, the officer
11or board or commission whose duty it is under the provisions of
12this Code relating to general elections to call an election
13shall fix a date for the primary for the nomination of
14candidates to be voted for at such special election. Notice of
15such primary shall be given at least 15 days prior to the
16maximum time provided for the filing of petitions for such a
17primary as provided in Section 7-12.
18    Any vacancy in nomination under the provisions of this
19Article 7 occurring on or after the primary and prior to
20certification of candidates by the certifying board or officer
21must be filled prior to the date of certification. Any vacancy
22in nomination occurring after certification [but prior to 15 ]
23[days before the general election] shall be filled at least 45
		SB2764	- 2 -	LRB104 16267 SPS 29651 b
1[within 8] days before the election for which there is a [after ]
2[the event creating the] vacancy. The resolution filling the
3vacancy shall be sent by U. S. mail or personal delivery to the
4certifying officer or board within 3 days of the action by
5which the vacancy was filled; provided, if such resolution is
6sent by mail and the U. S. postmark on the envelope containing
7such resolution is dated prior to the expiration of such 3-day
8limit, the resolution shall be deemed filed within such 3-day
9limit. Failure to so transmit the resolution within the time
10specified in this Section shall authorize the certifying
11officer or board to certify the original candidate. Vacancies
12shall be filled by the officers of a local municipal or
13township political party as specified in subsection (h) of
14Section 7-8, other than a statewide political party, that is
15established only within a municipality or township and the
16managing committee (or legislative committee in case of a
17candidate for State Senator or representative committee in the
18case of a candidate for State Representative in the General
19Assembly or State central committee in the case of a candidate
20for statewide office, including, but not limited to, the
21office of United States Senator) of the respective political
22party for the territorial area in which such vacancy occurs.
23    The resolution to fill a vacancy in nomination shall be
24duly acknowledged before an officer qualified to take
25acknowledgments of deeds and shall include, upon its face, the
26following information:
		SB2764	- 3 -	LRB104 16267 SPS 29651 b
1        (a) the name of the original nominee and the office
2    vacated;
3        (b) the date on which the vacancy occurred;
4        (c) the name and address of the nominee selected to
5    fill the vacancy and the date of selection.
6    The resolution to fill a vacancy in nomination shall be
7accompanied by a Statement of Candidacy, as prescribed in
8Section 7-10, completed by the selected nominee and a receipt
9indicating that such nominee has filed a statement of economic
10interests as required by the Illinois Governmental Ethics Act.
11    The provisions of Section 10-8 through 10-10.1 relating to
12objections to certificates of nomination and nomination
13papers, hearings on objections, and judicial review, shall
14apply to and govern objections to resolutions for filling a
15vacancy in nomination.
16    Any vacancy in nomination occurring [15 days or] less than 
1745 days before the consolidated election or the general
18election shall not be filled. In this event, the certification
19of the original candidate shall stand and his name shall
20appear on the official ballot to be voted at the general
21election.
22    A vacancy in nomination occurs when a candidate who has
23been nominated under the provisions of this Article 7 dies
24before the election (whether death occurs prior to, on or
25after the day of the primary), or declines the nomination;
26provided that nominations may become vacant for other reasons.
		SB2764	- 4 -	LRB104 16267 SPS 29651 b
1    If the name of no established political party candidate
2was printed on the consolidated primary ballot for a
3particular office and if no person was nominated as a write-in
4candidate for such office, a vacancy in nomination shall be
5created which may be filled in accordance with the
6requirements of this Section. Except as otherwise provided in
7this Code, if the name of no established political party
8candidate was printed on the general primary ballot for an
9office nominated under this Article and if no person was
10nominated as a write-in candidate for such office, a vacancy
11in nomination shall be filled only by a person designated by
12the appropriate committee of the political party and only if
13that designated person files nominating petitions with the
14number of signatures required for an established party
15candidate for that office within 75 days after the day of the
16general primary. The circulation period for those petitions
17begins on the day the appropriate committee designates that
18person. The person shall file his or her nominating petitions,
19statements of candidacy, notice of appointment by the
20appropriate committee, and receipt of filing his or her
21statement of economic interests together. These documents
22shall be filed at the same location as provided in Section
237-12. The electoral boards having jurisdiction under Section
2410-9 to hear and pass upon objections to nominating petitions
25also shall hear and pass upon objections to nomination
26petitions filed by candidates under this paragraph.
		SB2764	- 5 -	LRB104 16267 SPS 29651 b
1    A candidate for whom a nomination paper has been filed as a
2partisan candidate at a primary election, and who is defeated
3for his or her nomination at such primary election, is
4ineligible to be listed on the ballot at that general or
5consolidated election as a candidate of another political
6party.
7    A candidate seeking election to an office for which
8candidates of political parties are nominated by caucus who is
9a participant in the caucus and who is defeated for his or her
10nomination at such caucus is ineligible to be listed on the
11ballot at that general or consolidated election as a candidate
12of another political party.
13    In the proceedings to nominate a candidate to fill a
14vacancy or to fill a vacancy in the nomination, each precinct,
15township, ward, county, or congressional district, as the case
16may be, shall, through its representative on such central or
17managing committee, be entitled to one vote for each ballot
18voted in such precinct, township, ward, county, or
19congressional district, as the case may be, by the primary
20electors of its party at the primary election immediately
21preceding the meeting at which such vacancy is to be filled.
22    For purposes of this Section, the words "certify" and
23"certification" shall refer to the act of officially declaring
24the names of candidates entitled to be printed upon the
25official ballot at an election and directing election
26authorities to place the names of such candidates upon the
		SB2764	- 6 -	LRB104 16267 SPS 29651 b
1official ballot. "Certifying officers or board" shall refer to
2the local election official, the election authority, or the
3State Board of Elections, as the case may be, with whom
4nomination papers, including certificates of nomination and
5resolutions to fill vacancies in nomination, are filed and
6whose duty it is to certify candidates.
7(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23;
8103-586, eff. 5-3-24.)
9    (10 ILCS 5/9-30)
10    Sec. 9-30. Ballot forfeiture.  The State Board of
11Elections shall not certify the name of any person who has not
12paid a civil penalty imposed against his or her political
13committee under this Article to appear upon any ballot for any
14office in any election if the penalty is unpaid by the date
15required for certification.
16    The State Board of Elections shall generate a list of all
17candidates whose political committees have not paid any civil
18penalty assessed against them under this Article. The list 
19shall note which candidates have civil assessment appeals 
20pending before the Board. Such list shall be transmitted to
21any election authority whose duty it is to place the name of
22any such candidate on the ballot. Unless the candidate has 
23appealed the civil penalty assessment and the Board has not 
24disposed of the appeal by the certification date, the [The]
25election authority shall not place upon the ballot the name of
		SB2764	- 7 -	LRB104 16267 SPS 29651 b
1any candidate appearing on this list for any office in any
2election. Any civil penalty paid after the Board certifies the 
3ballot shall not result in the election authority placing the 
4candidate who paid the civil penalty on the ballot. If a 
5candidate forfeits placement on the ballot under this Section, 
6then that candidate may not be appointed to fulfill the 
7resulting vacancy [while the penalty is unpaid, unless the ]
8[candidate has requested a hearing and the Board has not ]
9[disposed of the matter by the date of certification].
10    Any person who has an unpaid civil penalty imposed against 
11his or her political committee may appeal the civil penalty 
12assessment with the State Board of Elections in accordance 
13with this Article.
14(Source: P.A. 96-832, eff. 1-1-11.)
15    (10 ILCS 5/10-11)  (from Ch. 46, par. 10-11)
16    Sec. 10-11. Any vacancy in the nomination of a new
17political party candidate occurring prior to the date of
18certification of candidates for the ballot by the certifying
19board or officer must be filled prior to the date of
20certification. The resolution to fill such vacancy shall be
21sent by U.S. mail or personal delivery to the certifying
22officer or board within 3 days of the action by which the
23vacancy was filled; provided, if such resolution is sent by
24mail and the U.S. postmark on the envelope containing such
25resolution is dated prior to the expiration of such 3 day
		SB2764	- 8 -	LRB104 16267 SPS 29651 b
1limit, the notice or resolution shall be deemed filed within
2such 3 day limit. Failure to so transmit the notice or
3resolution within the time specified in this Section shall
4authorize the certifying officer or board to certify the
5original candidate. Vacancies shall be filled by the new
6political party officers.
7    Any vacancy in nomination occurring after certification
8[but prior to 15 days before a regular election] shall be filled
9by the new political party officers at least 45 [within 8] days
10before the election for which there is a [after the event ]
11[creating the] vacancy in the manner heretofore prescribed.
12    The resolution to fill a vacancy in nomination shall be
13duly acknowledged before an officer qualified to take
14acknowledgements of deeds and shall include, upon its face,
15the following information:
16    (a) the name of the original nominee and the office
17vacated;
18    (b) the date on which the vacancy occurred;
19    (c) the name and address of the nominee selected to fill
20the vacancy and the date of selection.
21    The resolution to fill a vacancy in nomination shall be
22accompanied by a Statement of Candidacy, as prescribed in
23Section 10-5, completed by the selected nominee and a receipt
24indicating that such nominee has filed a statement of economic
25interests as required by the Illinois Governmental Ethics Act.
26    The provisions of Sections 10-8 through 10-10.1 relating
		SB2764	- 9 -	LRB104 16267 SPS 29651 b
1to objections to certificates of nomination and nomination
2papers, hearings on objections, and judicial review, shall
3apply to and govern objections to resolutions for filling a
4vacancy in nomination.
5    Any vacancy in nomination occurring [15 days or] less than 
645 days before a regular election shall not be filled. In this
7event the certification of the original candidate shall stand
8and his name shall appear on the official ballot to be voted at
9the election.
10    A vacancy in nomination occurs when a candidate who has
11been nominated under the provisions of Section 10-2 dies
12before the election, or declines the nomination; provided that
13nomination may become vacant for other reasons.
14    However, the provisions of this Section shall not apply to
15any vacancy in nomination for a municipal office for which the
16Municipal Code, as now or hereafter amended, provides a
17different method for filling such vacancy, and the applicable
18provision of the Municipal Code shall govern in such cases.
19    Any vacancy in a nomination by caucus of an established
20political party for a township or municipal office shall be
21filled in accordance with Section 7-61 of this Code.
22    For purposes of this Section, the words "certify" and
23"certification" shall refer to the act of officially declaring
24the names of candidates entitled to be printed upon the
25official ballot at an election and directing election
26authorities to place the names of such candidates upon the
		SB2764	- 10 -	LRB104 16267 SPS 29651 b
1official ballot. "Certifying officers or board" shall refer to
2the local election official, election authority or the State
3Board of Elections, as the case may be, with whom nomination
4papers, certificates of nomination papers and resolutions to
5fill vacancies in nomination are filed and whose duty it is to
6"certify" candidates.
7(Source: P.A. 84-757.)
8    (10 ILCS 5/19-4)  (from Ch. 46, par. 19-4)
9    Sec. 19-4. Mailing or delivery of ballots; time.
10Immediately upon the receipt of such application either by
11mail or electronic means, not more than 90 days nor less than 5
12days prior to such election, or by personal delivery not more
13than 90 days nor less than one day prior to such election, at
14the office of such election authority, it shall be the duty of
15such election authority to examine the records to ascertain
16whether or not such applicant is lawfully entitled to vote as
17requested, including a verification of the applicant's
18signature on file with the office of the election authority,
19and if found so to be entitled to vote, to post within one
20business day thereafter the name, street address, ward and
21precinct number or township and district number, as the case
22may be, of such applicant given on a list, the pages of which
23are to be numbered consecutively to be kept by such election
24authority for such purpose in a conspicuous, open and public
25place accessible to the public at the entrance of the office of
		SB2764	- 11 -	LRB104 16267 SPS 29651 b
1such election authority, and in such a manner that such list
2may be viewed without necessity of requesting permission
3therefor. Within one day after posting the name and other
4information of an applicant for a vote by mail ballot, the
5election authority shall transmit by electronic means pursuant
6to a process established by the State Board of Elections that
7name and other posted information to the State Board of
8Elections, which shall maintain those names and other
9information in an electronic format on its website, arranged
10by county and accessible to State and local political
11committees. Within 2 business days after posting a name and
12other information on the list within its office, but no sooner
13than 40 days before an election, the election authority shall
14mail, postage prepaid, or deliver in person in such office, or
15deliver via electronic transmission pursuant to Section
1619-2.6, an official ballot or ballots if more than one are to
17be voted at said election. Mail delivery of Temporarily Absent
18Student ballot applications pursuant to Section 19-12.3 shall
19be by nonforwardable mail. However, if a consolidated primary 
20election is required [for the consolidated election], vote by
21mail ballots for the consolidated election shall be mailed no 
22later than 5 business days after the completion of the canvass 
23of the consolidated primary election to accommodate the 
24preparation of [certain precincts may be delivered to ]
25[applicants not less than 25 days before the election if so much ]
26[time is required to have prepared and] printed [the] ballots
		SB2764	- 12 -	LRB104 16267 SPS 29651 b
1containing the names of persons nominated for offices at the
2consolidated primary. The election authority shall enclose
3with each vote by mail ballot or application written
4instructions on how voting assistance shall be provided
5pursuant to Section 17-14 and a document, written and approved
6by the State Board of Elections, informing the vote by mail
7voter of the required postage for returning the application
8and ballot, and enumerating the circumstances under which a
9person is authorized to vote by vote by mail ballot pursuant to
10this Article; such document shall also include a statement
11informing the applicant that if he or she falsifies or is
12solicited by another to falsify his or her eligibility to cast
13a vote by mail ballot, such applicant or other is subject to
14penalties pursuant to Section 29-10 and Section 29-20 of the
15Election Code. Each election authority shall maintain a list
16of the name, street address, ward and precinct, or township
17and district number, as the case may be, of all applicants who
18have returned vote by mail ballots to such authority, and the
19name of such vote by mail voter shall be added to such list
20within one business day from receipt of such ballot. If the
21vote by mail ballot envelope indicates that the voter was
22assisted in casting the ballot, the name of the person so
23assisting shall be included on the list. The list, the pages of
24which are to be numbered consecutively, shall be kept by each
25election authority in a conspicuous, open, and public place
26accessible to the public at the entrance of the office of the
		SB2764	- 13 -	LRB104 16267 SPS 29651 b
1election authority and in a manner that the list may be viewed
2without necessity of requesting permission for viewing.
3    Each election authority shall maintain a list for each
4election of the voters to whom it has issued vote by mail
5ballots. The list shall be maintained for each precinct within
6the jurisdiction of the election authority. Prior to the
7opening of the polls on election day, the election authority
8shall deliver to the judges of election in each precinct the
9list of registered voters in that precinct to whom vote by mail
10ballots have been issued by mail.
11    Each election authority shall maintain a list for each
12election of voters to whom it has issued temporarily absent
13student ballots. The list shall be maintained for each
14election jurisdiction within which such voters temporarily
15abide. Immediately after the close of the period during which
16application may be made by mail or electronic means for vote by
17mail ballots, each election authority shall mail to each other
18election authority within the State a certified list of all
19such voters temporarily abiding within the jurisdiction of the
20other election authority.
21    In the event that the return address of an application for
22ballot by a physically incapacitated elector is that of a
23facility licensed or certified under the Nursing Home Care
24Act, the Specialized Mental Health Rehabilitation Act of 2013,
25the ID/DD Community Care Act, or the MC/DD Act, within the
26jurisdiction of the election authority, and the applicant is a
		SB2764	- 14 -	LRB104 16267 SPS 29651 b
1registered voter in the precinct in which such facility is
2located, the ballots shall be prepared and transmitted to a
3responsible judge of election no later than 9 a.m. on the
4Friday, Saturday, Sunday, or Monday immediately preceding the
5election as designated by the election authority under Section
619-12.2. Such judge shall deliver in person on the designated
7day the ballot to the applicant on the premises of the facility
8from which application was made. The election authority shall
9by mail notify the applicant in such facility that the ballot
10will be delivered by a judge of election on the designated day.
11    All applications for vote by mail ballots shall be
12available at the office of the election authority for public
13inspection upon request from the time of receipt thereof by
14the election authority until 30 days after the election,
15except during the time such applications are kept in the
16office of the election authority pursuant to Section 19-7, and
17except during the time such applications are in the possession
18of the judges of election.
19    Notwithstanding any provision of this Section to the
20contrary, pursuant to subsection (a) of Section 30 of the
21Address Confidentiality for Victims of Domestic Violence,
22Sexual Assault, Human Trafficking, or Stalking Act, neither
23the name nor the address of a program participant under that
24Act shall be included in any list of registered voters
25available to the public, including the lists referenced in
26this Section.
		SB2764	- 15 -	LRB104 16267 SPS 29651 b
1(Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22;
2102-1126, eff. 2-10-23.)
3    (10 ILCS 5/19A-35)
4    Sec. 19A-35. Procedure for voting.
5    (a) Not more than 23 days before the start of the election,
6the county clerk shall make available to the election official
7conducting early voting by personal appearance a sufficient
8number of early ballots, envelopes, and printed voting
9instruction slips for the use of early voters. However, in 
10odd-numbered years when a consolidated primary election is 
11required, not more than 5 business days after the completion 
12of the canvass of the consolidated primary election, the 
13county clerk shall make available to the election official 
14conducting early voting by personal appearance a sufficient 
15number of early ballots, envelopes, and printed voting 
16instruction slips for the use of early voters. The election
17official shall receipt for all ballots received and shall
18return unused or spoiled ballots at the close of the early
19voting period to the county clerk and must strictly account
20for all ballots received. The ballots delivered to the
21election official must include early ballots for each precinct
22in the election authority's jurisdiction and must include
23separate ballots for each political subdivision conducting an
24election of officers or a referendum at that election.
25    (b) In conducting early voting under this Article, the
		SB2764	- 16 -	LRB104 16267 SPS 29651 b
1election judge or official is required to verify the signature
2of the early voter by comparison with the signature on the
3official registration card, and the judge or official must
4verify (i) that the applicant is a registered voter, (ii) the
5precinct in which the applicant is registered, and (iii) the
6proper ballots of the political subdivision in which the
7applicant resides and is entitled to vote before providing an
8early ballot to the applicant. The election judge or official
9must verify the applicant's registration from the most recent
10poll list provided by the election authority, and if the
11applicant is not listed on that poll list, by telephoning the
12office of the election authority.
13    (b-5) A person requesting an early voting ballot to whom a
14vote by mail ballot was issued may vote early if the person
15submits that vote by mail ballot to the judges of election or
16official conducting early voting for cancellation. If the
17voter is unable to submit the vote by mail ballot, it shall be
18sufficient for the voter to submit to the judges or official
19(i) a portion of the vote by mail ballot if the vote by mail
20ballot was torn or mutilated or (ii) an affidavit executed
21before the judges or official specifying that (A) the voter
22never received a vote by mail ballot or (B) the voter completed
23and returned a vote by mail ballot and was informed that the
24election authority did not receive that vote by mail ballot.
25    (b-10) Within one day after a voter casts an early voting
26ballot, the election authority shall transmit the voter's
		SB2764	- 17 -	LRB104 16267 SPS 29651 b
1name, street address, and precinct, ward, township, and
2district numbers, as the case may be, to the State Board of
3Elections, which shall maintain those names and that
4information in an electronic format on its website, arranged
5by county and accessible to State and local political
6committees.
7    (b-15) Immediately after voting an early ballot, the voter
8shall be instructed whether the voting equipment accepted or
9rejected the ballot or identified that ballot as under-voted
10for a statewide constitutional office. A voter whose ballot is
11identified as under-voted may return to the voting booth and
12complete the voting of that ballot. A voter whose early voting
13ballot is not accepted by the voting equipment may, upon
14surrendering the ballot, request and vote another early voting
15ballot. The voter's surrendered ballot shall be initialed by
16the election judge or official conducting the early voting and
17handled as provided in the appropriate Article governing the
18voting equipment used.
19    (c) The sealed early ballots in their carrier envelope
20shall be delivered by the election authority to the central
21ballot counting location before the close of the polls on the
22day of the election.
23(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15.)