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Article 22 - Canvassing Votes

      (10 ILCS 5/Art. 22 heading)ARTICLE 22. CANVASSING VOTES

    (10 ILCS 5/22‑1) (from Ch. 46, par. 22‑1)
    Sec. 22‑1. Abstracts of votes. Within 21 days after the close of the election at which candidates for offices hereinafter named in this Section are voted upon, the election authorities of the respective counties shall open the returns and make abstracts of the votes on a separate sheet for each of the following:
        A. For Governor and Lieutenant Governor;
        B. For State officers;
        C. For presidential electors;
        D. For United States Senators and Representatives to

Congress;

E. For judges of the Supreme Court;         F. For judges of the Appellate Court;         G. For judges of the circuit court;         H. For Senators and Representatives to the General

Assembly;

I. For State's Attorneys elected from 2 or more

counties;

J. For amendments to the Constitution, and for other

propositions submitted to the electors of the entire State;

K. For county officers and for propositions submitted

to the electors of the county only;

L. For Regional Superintendent of Schools;         M. For trustees of Sanitary Districts; and         N. For Trustee of a Regional Board of School Trustees.     Each sheet shall report the returns by precinct or ward.     Multiple originals of each of the sheets shall be prepared and one of each shall be turned over to the chairman of the county central committee of each of the then existing established political parties, as defined in Section 10‑2, or his duly authorized representative immediately after the completion of the entries on the sheets and before the totals have been compiled.     The foregoing abstracts shall be preserved by the election authority in its office.     Whenever any county clerk is unable to canvass the vote, the deputy county clerk or a designee of the county clerk shall serve in his or her place.     The powers and duties of the election authority canvassing the votes are limited to those specified in this Section.     No person who is shown by the election authority's proclamation to have been elected at the consolidated election or general election as a write‑in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7‑10 or Section 10‑5, a statement pursuant to Section 7‑10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected. For officers elected at the consolidated election, the certifying officer shall notify the election authority of the receipt of those documents, and the county clerk shall issue the certification of election under the provisions of Section 22‑18. (Source: P.A. 94‑645, eff. 8‑22‑05; 94‑647, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07.)

    (10 ILCS 5/22‑1.2)
    Sec. 22‑1.2. (Repealed).
(Source: P.A. 81‑1149. Repealed by P.A. 94‑647, eff. 1‑1‑06.)

(10 ILCS 5/22‑2) (from Ch. 46, par. 22‑2)     Sec. 22‑2. The county clerk shall make out a certificate of election to each of the persons having the highest number of votes, for the several county offices, and deliver such certificate to the person entitled to it, on his application. (Source: Laws 1943, vol. 2, p. 1.)

(10 ILCS 5/22‑3) (from Ch. 46, par. 22‑3)     Sec. 22‑3. When two (2) or more persons receive an equal and the highest number of votes for an office to be filled by the county alone, the county clerk shall issue a notice to such persons of such tie vote, and require them to appear at his office, on a day named in the notice, no later than 21 days following an election, and determine by lot which of them is to be declared elected. (Source: P.A. 93‑847, eff. 7‑30‑04.)

(10 ILCS 5/22‑4) (from Ch. 46, par. 22‑4)     Sec. 22‑4. On the day appointed, the clerk and the chairmen (or vice‑chairman or secretary, as the case may be) of the county central committees of the Republican and Democratic parties and other canvassers, or, in case of their absence the state's attorney or sheriff, shall attend, and the parties interested shall appear and determine by lot which of them is to be declared elected; and the clerk shall issue his certificate of election to the person thus declared elected. (Source: Laws 1955, p. 1015.)

    (10 ILCS 5/22‑5)(from Ch. 46, par. 22‑5)
    Sec. 22‑5. Immediately after the completion of the abstracts of votes by precinct or ward, the county clerk shall make 2 correct copies of the abstracts of votes for Governor, Lieutenant Governor, Secretary of State, State Comptroller, Treasurer, Attorney General, both of which said copies he shall envelope and seal up, and endorse upon the envelopes in substance, "Abstracts of votes for State Officers from .... County"; and shall seal up a copy of each of the abstracts of votes for other officers and amendments to the Constitution and other propositions voted on, and endorse the same so as to show the contents of the package, and address the same to the State Board of Elections. The several packages shall then be placed in one envelope and addressed to the State Board of Elections. The county clerk shall send the sealed envelope addressed to the State Board of Elections via overnight mail so it arrives at the address the following calendar day.
(Source: P.A. 93‑574, eff. 8‑21‑03; 94‑645, eff. 8‑22‑05.)

    (10 ILCS 5/22‑6)(from Ch. 46, par. 22‑6)
    Sec. 22‑6. Within 22 days after each election, each Election Authority shall provide unit‑by‑unit vote totals to the State Board of Elections in an electronic format to be prescribed by the State Board of Elections. The State Board of Elections shall promulgate rules necessary for the implementation of this Section.
(Source: P.A. 95‑699, eff. 11‑9‑07.)

    (10 ILCS 5/22‑7) (from Ch. 46, par. 22‑7)
    Sec. 22‑7. Canvass of votes; declaration and proclamation of result. The State Board of Elections, shall proceed within 31 days after the election, and sooner if all the returns are received, to canvass the votes given for United States Senators and Representatives to Congress, State executive officers, judges of the Supreme Court, judges of the Appellate Court, judges of the Circuit Court, Senators, Representatives to the General Assembly, State's Attorneys and Regional Superintendents of Schools elected from 2 or more counties, respectively, and the persons having the highest number of votes for the respective offices shall be declared duly elected, but if it appears that more than the number of persons to be elected have the highest and an equal number of votes for the same office, the electoral board shall decide by lot which of such persons shall be elected; and to each person duly elected, the Governor shall give a certificate of election or commission, as the case may require, and shall cause proclamation to be made of the result of the canvass, and they shall at the same time and in the same manner, canvass the vote cast upon amendments to the Constitution, and upon other propositions submitted to the electors of the entire State; and the Governor shall cause to be made such proclamation of the result of the canvass as the statutes elsewhere provide. The State Board of Elections shall transmit to the State Comptroller a list of the persons elected to the various offices. The State Board of Elections shall also transmit to the Supreme Court the names of persons elected to judgeships in adversary elections and the names of judges who fail to win retention in office.
    No person who is shown by the canvassing board's proclamation to have been elected at the consolidated election or general election as a write‑in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7‑10 or Section 10‑5, a statement pursuant to Section 7‑10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected. For officers elected at the consolidated election, the certifying officer shall notify the election authority of the receipt of those documents, and the county clerk shall issue the certification of election under the provisions of Section 22‑18.
(Source: P.A. 93‑847, eff. 7‑30‑04; 94‑645, eff. 8‑22‑05.)

    (10 ILCS 5/22‑8) (from Ch. 46, par. 22‑8)
    Sec. 22‑8. In municipalities operating under Article 6 of this Act, within 21 days after the close of such election, the board of election commissioners shall open all returns and shall make abstracts or statements of the votes for all offices and questions voted on at the election.
    Each abstract or statement shall report the returns by precinct or ward.
    Multiple originals of each of the abstracts or statements shall be prepared and one of each shall be turned over to the chairman of the county central committee of each of the then existing established political parties, as defined in Section 10‑2.
(Source: P.A. 94‑645, eff. 8‑22‑05; 94‑647, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07.)

    (10 ILCS 5/22‑9)(from Ch. 46, par. 22‑9)
    Sec. 22‑9. It shall be the duty of the election authority to canvass and add up and declare the result of every election hereafter held within the boundaries of such city, village or incorporated town operating under Article 6 of this Act. The election authority shall file a certified copy of the record with the County Clerk of the county; and such abstracts or results shall be treated, by the County Clerk in all respects, as if made by the election authority now provided by the foregoing sections of this law, and he shall transmit the same, by facsimile, e‑mail, or other electronic means, to the State Board of Elections, or other proper officer, as required hereinabove. The county clerk or board of election commissioners, as the case may be, shall also send the abstract by precinct or ward and result in a sealed envelope addressed to the State Board of Elections via overnight mail so it arrives at the address the following calendar day. And such abstracts or results so declared, and a certified copy thereof, shall be treated everywhere within the state, and by all public officers, with the same binding force and effect as the abstract of votes now authorized by the foregoing provisions of this Act.
(Source: P.A. 94‑645, eff. 8‑22‑05; 94‑647, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07.)

    (10 ILCS 5/22‑9.1)(from Ch. 46, par. 22‑9.1)
    Sec. 22‑9.1. Within 5 days after the last day for proclamation of the results of any canvass declaring persons nominated, elected or declared eligible for a runoff election for any office or declaring the adoption or rejection of a question of public policy, the following persons may file a petition for discovery:
        (a) any candidate who, in the entire area in which

votes may be cast for the office for which he is a candidate, received votes equal in number to at least 95% of the number of votes cast for any successful candidate for the same office; and

(b) any 5 electors of the same area within which

votes may be cast on a question of public policy, if the results of the canvass are such that the losing side on the question would have been the prevailing side had it received an additional number of votes equal to 5% of the total number of votes cast on the question.

A petition under this Section shall be filed with the election authority for purposes of discovery only. The petition shall ask that ballots, voting machines, or ballot cards ‑ as the case may be ‑ shall be examined, that any automatic tabulating equipment shall be tested, and that ballots, recorded votes, or ballot cards ‑ as the case may be ‑ shall be counted in specified precincts, not exceeding 25% of the total number of precincts within the jurisdiction of the election authority. Where there are fewer than 4 precincts under the jurisdiction of the election authority and within the area in which votes could be cast in the election in connection with which the petition has been filed, discovery shall be permitted in one of such precincts.     A petition filed under this Section shall be accompanied by the payment of a fee of $10.00 per precinct specified. All such fees shall be paid by the election authority into the county or city treasury, as the case may be.     After 3 days notice in writing to the successful candidate for the same office or, in the case of a question of public policy, such notice as will reasonably inform interested persons of the time and place of the discovery proceedings, the election authority shall examine the ballots, voting machines, ballot cards, voter affidavits and applications for ballot, test the automatic tabulating equipment, and count the ballots, recorded votes, and ballot cards in the specified election districts or precincts. At the request of any candidate entitled to participate in the discovery proceedings, the election authority shall also make available for examination the ballot applications and voter affidavits for the specified precincts. Each candidate affected by such examination shall have the right to attend the same in person or by his representative. In the case of a question of public policy, the board shall permit an equal number of acknowledged proponents and acknowledged opponents to attend the examination.     On completion of the count of any ballots in each district or precinct, the ballots shall be secured and sealed in the same manner required of judges of election by Sections 7‑54 and 17‑20 of the Election Code. The handling of the ballots in accord with this Section shall not of itself affect the admissibility in evidence of the ballots in any other proceedings, either legislative or judicial.     The results of the examination and count shall not be certified, used to amend or change the abstracts of the votes previously completed, used to deny the successful candidate for the same office his certificate of nomination or election, nor used to change the previously declared result of the vote on a question of public policy. Such count shall not be binding in an election contest brought about under the provisions of the Election Code, shall not be a prerequisite to bringing such an election contest, shall not prevent the bringing of such an election contest, nor shall it affect the results of the canvass previously proclaimed. (Source: P.A. 94‑647, eff. 1‑1‑06.)

(10 ILCS 5/22‑10) (from Ch. 46, par. 22‑10)     Sec. 22‑10. The County Clerk shall make out a certificate of election to each person having the highest number of votes for the several county offices, and deliver such certificate of election to the person entitled to it, on his application. (Source: P.A. 80‑1469.)

    (10 ILCS 5/22‑12)(from Ch. 46, par. 22‑12)
    Sec. 22‑12. In the canvass of such votes by the election authority, provided in section 22‑8 hereof, the election authority shall declare who is elected to any city or town office. In the case of a tie in the election to any city, or to any office voted for only within the territory of such city, it shall be determined by lot, in such manner as such canvassers shall direct, which candidate or candidates shall hold the office, and thereupon the person in whose favor it shall result, shall be declared elected by the order entered in the court as aforesaid.
(Source: P.A. 94‑647, eff. 1‑1‑06.)

    (10 ILCS 5/22‑14)
    Sec. 22‑14. (Repealed).
(Source: P.A. 83‑334. Repealed by P.A. 94‑647, eff. 1‑1‑06.)

    (10 ILCS 5/22‑15)(from Ch. 46, par. 22‑15)
    Sec. 22‑15. The election authority shall, upon request, and by mail if so requested, furnish free of charge to any candidate for any office, whose name appeared upon the ballot within the jurisdiction of the election authority, a copy of the abstract of votes by precinct or ward 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.
    Within one calendar day following the canvass and proclamation of each general primary election and general election, each election authority shall transmit to the principal office of the State Board of Elections copies of the abstracts of votes by precinct or ward for the offices of ward, township, and precinct committeeman via overnight mail so that the abstract of votes arrives at the address the following calendar day. Each election authority shall also transmit to the principal office of the State Board of Elections copies of current precinct poll lists.
(Source: P.A. 94‑645, eff. 8‑22‑05; 94‑647, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07.)

    (10 ILCS 5/22‑15.1)(from Ch. 46, par. 22‑15.1)
    Sec. 22‑15.1. (a) Within 60 days following the canvass of the general election within each election jurisdiction, the election authority shall prepare, in typewritten or legible computer‑generated form, a report of the abstracts of votes by precinct for all offices and questions of public policy in connection with which votes were cast within the election jurisdiction at the general election. The report shall include the total number of ballots cast within each precinct or ward and the total number of registered voters within each precinct or ward. The election authority shall provide a copy of the report to the chairman of the county central committee of each established political party in the county within which the election jurisdiction is contained, and shall make a reasonable number of copies of the report available for distribution to the public.
    (b) Within 60 days after the effective date of this amendatory Act of 1985, each election authority shall prepare, in typewritten or legible computer‑generated form, a report of the type required by subsection (a) concerning the general election of 1984. The election authority shall provide a copy of the report to the chairman of the county central committee of each established political party in the county in which the election jurisdiction is contained, and shall make a reasonable number of copies of the report available for distribution to the public.
    (c) An election authority may charge a fee to reimburse the actual cost of duplicating each copy of a report provided pursuant to subsection (a) or (b).
(Source: P.A. 94‑645, eff. 8‑22‑05.)

(10 ILCS 5/22‑16) (from Ch. 46, par. 22‑16)     Sec. 22‑16. If the result of a canvass disclosed that a person elected to office is a person whose nomination for said office was vacated and not filled pursuant to Section 7‑61 or 10‑11, such person shall be declared elected and the office thereupon shall become vacant. Such vacancy in office shall be filled under the applicable provision of Article 25. (Source: P.A. 84‑861.)

    (10 ILCS 5/22‑17) (from Ch. 46, par. 22‑17)
    Sec. 22‑17. (a) Except as provided in subsection (b), the canvass of votes cast at the consolidated election shall be conducted by the election authority within 21 days after the close of such elections.
    (b) The board of election commissioners as provided in Section 22‑8 shall canvass the votes cast at the consolidated election for offices of any political subdivision entirely within the jurisdiction of a municipal board of election commissioners.
    (c) The canvass of votes cast upon any public questions submitted to the voters of any political subdivision, or any precinct or combination of precincts within a political subdivision, at any regular election or at any emergency referendum election, including votes cast by voters outside of the political subdivision where the question is for annexation thereto, shall be canvassed by the same election authority as for the canvass of votes of the officers of such political subdivision. However, referenda conducted throughout a county and referenda of sanitary districts whose officers are elected at general elections shall be canvassed by the county clerk. The votes cast on a public question for the formation of a political subdivision shall be canvassed by the relevant election authority and filed with the circuit court that ordered the question submitted.
    (c‑5) No person who is shown by the election authority's proclamation to have been elected at the consolidated election or general election as a write‑in candidate shall take office unless that person has first filed with the certifying office or board a statement of candidacy pursuant to Section 7‑10 or Section 10‑5, a statement pursuant to Section 7‑10.1, and a receipt for filing a statement of economic interests in relation to the unit of government to which he or she has been elected. For officers elected at the consolidated election, the certifying officer shall notify the election authority of the receipt of those documents, and the county clerk shall issue the certification of election under the provisions of Section 22‑18.
    (d) The canvass of votes for offices of political subdivisions cast at special elections to fill vacancies held on the day of any regular election shall be conducted by the election authority which is responsible for canvassing the votes at the regularly scheduled election for such office.
    (e) Abstracts of votes prepared pursuant to canvasses under this Section shall report returns by precinct or ward.
(Source: P.A. 94‑645, eff. 8‑22‑05; 94‑647, eff. 1‑1‑06; 95‑331, eff. 8‑21‑07.)

    (10 ILCS 5/22‑18)(from Ch. 46, par. 22‑18)
    Sec. 22‑18. The canvass of votes and the proclamation of results by the election authority provided in Section 22‑17 shall be conducted in accordance with the procedures and requirements otherwise provided in this Article. A signed copy or original duplicate of its completed abstract of votes must be transmitted to each election authority having jurisdiction over any of the territory of the respective political subdivision and transmitted, by facsimile, e‑mail, or any other electronic means, to the State Board of Elections in the same manner as provided in Section 22‑5.
    The county clerk shall make out a certificate of election to each person declared elected to an office by the election authorities and transmit such certificate to the person so entitled, upon his application. For political subdivisions whose territory extends into more than one county, the certificates of election shall be issued by the county clerk of the county which contains the principal office of the political subdivision.
    Whenever an election authority canvasses the votes cast upon a public question submitted to referendum pursuant to a court order, the election authority shall immediately transmit a signed copy or an original duplicate of its completed abstract of the votes to the court which ordered the referendum.
(Source: P.A. 94‑647, eff. 1‑1‑06.)