ELECTION CODE-VACANCY

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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,
3
represented in the General Assembly:

4

Section 5.
The Election Code is amended by changing
5
Sections 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
8
provisions of this Article are applicable to the nomination of
9
candidates to be voted for at such special election.
10

In cases where a primary election is required, the officer
11
or board or commission whose duty it is under the provisions of
12
this Code relating to general elections to call an election
13
shall fix a date for the primary for the nomination of
14
candidates to be voted for at such special election. Notice of
15
such primary shall be given at least 15 days prior to the
16
maximum time provided for the filing of petitions for such a
17
primary as provided in Section 7-12.
18

Any vacancy in nomination under the provisions of this
19
Article 7 occurring on or after the primary and prior to
20
certification of candidates by the certifying board or officer
21
must be filled prior to the date of certification. Any vacancy
22
in nomination occurring after certification
but prior to 15
23
days before the general election
shall be filled
at least 45

SB2764
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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
3
vacancy shall be sent by U. S. mail or personal delivery to the
4
certifying officer or board within 3 days of the action by
5
which the vacancy was filled; provided, if such resolution is
6
sent by mail and the U. S. postmark on the envelope containing
7
such resolution is dated prior to the expiration of such 3-day
8
limit, the resolution shall be deemed filed within such 3-day
9
limit. Failure to so transmit the resolution within the time
10
specified in this Section shall authorize the certifying
11
officer or board to certify the original candidate. Vacancies
12
shall be filled by the officers of a local municipal or
13
township political party as specified in subsection (h) of
14
Section 7-8, other than a statewide political party, that is
15
established only within a municipality or township and the
16
managing committee (or legislative committee in case of a
17
candidate for State Senator or representative committee in the
18
case of a candidate for State Representative in the General
19
Assembly or State central committee in the case of a candidate
20
for statewide office, including, but not limited to, the
21
office of United States Senator) of the respective political
22
party for the territorial area in which such vacancy occurs.
23

The resolution to fill a vacancy in nomination shall be
24
duly acknowledged before an officer qualified to take
25
acknowledgments of deeds and shall include, upon its face, the
26
following information:

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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
7
accompanied by a Statement of Candidacy, as prescribed in
8
Section 7-10, completed by the selected nominee and a receipt
9
indicating that such nominee has filed a statement of economic
10
interests as required by the Illinois Governmental Ethics Act.
11

The provisions of Section 10-8 through 10-10.1 relating to
12
objections to certificates of nomination and nomination
13
papers, hearings on objections, and judicial review, shall
14
apply to and govern objections to resolutions for filling a
15
vacancy in nomination.
16

Any vacancy in nomination occurring
15 days or
less
than
17
45 days
before the consolidated election or the general
18
election shall not be filled. In this event, the certification
19
of the original candidate shall stand and his name shall
20
appear on the official ballot to be voted at the general
21
election.
22

A vacancy in nomination occurs when a candidate who has
23
been nominated under the provisions of this Article 7 dies
24
before the election (whether death occurs prior to, on or
25
after the day of the primary), or declines the nomination;
26
provided that nominations may become vacant for other reasons.

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1

If the name of no established political party candidate
2
was printed on the consolidated primary ballot for a
3
particular office and if no person was nominated as a write-in
4
candidate for such office, a vacancy in nomination shall be
5
created which may be filled in accordance with the
6
requirements of this Section. Except as otherwise provided in
7
this Code, if the name of no established political party
8
candidate was printed on the general primary ballot for an
9
office nominated under this Article and if no person was
10
nominated as a write-in candidate for such office, a vacancy
11
in nomination shall be filled only by a person designated by
12
the appropriate committee of the political party and only if
13
that designated person files nominating petitions with the
14
number of signatures required for an established party
15
candidate for that office within 75 days after the day of the
16
general primary. The circulation period for those petitions
17
begins on the day the appropriate committee designates that
18
person. The person shall file his or her nominating petitions,
19
statements of candidacy, notice of appointment by the
20
appropriate committee, and receipt of filing his or her
21
statement of economic interests together. These documents
22
shall be filed at the same location as provided in Section
23
7-12. The electoral boards having jurisdiction under Section
24
10-9 to hear and pass upon objections to nominating petitions
25
also shall hear and pass upon objections to nomination
26
petitions filed by candidates under this paragraph.

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1

A candidate for whom a nomination paper has been filed as a
2
partisan candidate at a primary election, and who is defeated
3
for his or her nomination at such primary election, is
4
ineligible to be listed on the ballot at that general or
5
consolidated election as a candidate of another political
6
party.
7

A candidate seeking election to an office for which
8
candidates of political parties are nominated by caucus who is
9
a participant in the caucus and who is defeated for his or her
10
nomination at such caucus is ineligible to be listed on the
11
ballot at that general or consolidated election as a candidate
12
of another political party.
13

In the proceedings to nominate a candidate to fill a
14
vacancy or to fill a vacancy in the nomination, each precinct,
15
township, ward, county, or congressional district, as the case
16
may be, shall, through its representative on such central or
17
managing committee, be entitled to one vote for each ballot
18
voted in such precinct, township, ward, county, or
19
congressional district, as the case may be, by the primary
20
electors of its party at the primary election immediately
21
preceding 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
24
the names of candidates entitled to be printed upon the
25
official ballot at an election and directing election
26
authorities to place the names of such candidates upon the

SB2764
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LRB104 16267 SPS 29651 b
1
official ballot. "Certifying officers or board" shall refer to
2
the local election official, the election authority, or the
3
State Board of Elections, as the case may be, with whom
4
nomination papers, including certificates of nomination and
5
resolutions to fill vacancies in nomination, are filed and
6
whose duty it is to certify candidates.
7
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23;
8
103-586, eff. 5-3-24.)

9

(10 ILCS 5/9-30)
10

Sec. 9-30.
Ballot forfeiture.
The State Board of
11
Elections shall not certify the name of any person who has not
12
paid a civil penalty imposed against his or her political
13
committee under this Article to appear upon any ballot for any
14
office in any election if the penalty is unpaid by the date
15
required for certification.
16

The State Board of Elections shall generate a list of all
17
candidates whose political committees have not paid any civil
18
penalty assessed against them under this Article.
The list
19
shall note which candidates have civil assessment appeals
20
pending before the Board.
Such list shall be transmitted to
21
any election authority whose duty it is to place the name of
22
any such candidate on the ballot.
Unless the candidate has
23
appealed the civil penalty assessment and the Board has not
24
disposed of the appeal by the certification date, the

The

25
election authority shall not place upon the ballot the name of

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LRB104 16267 SPS 29651 b
1
any candidate appearing on this list for any office in any
2
election
. Any civil penalty paid after the Board certifies the
3
ballot shall not result in the election authority placing the
4
candidate who paid the civil penalty on the ballot. If a
5
candidate forfeits placement on the ballot under this Section,
6
then that candidate may not be appointed to fulfill the
7
resulting 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
11
his or her political committee may appeal the civil penalty
12
assessment with the State Board of Elections in accordance
13
with 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
17
political party candidate occurring prior to the date of
18
certification of candidates for the ballot by the certifying
19
board or officer must be filled prior to the date of
20
certification. The resolution to fill such vacancy shall be
21
sent by U.S. mail or personal delivery to the certifying
22
officer or board within 3 days of the action by which the
23
vacancy was filled; provided, if such resolution is sent by
24
mail and the U.S. postmark on the envelope containing such
25
resolution is dated prior to the expiration of such 3 day

SB2764
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LRB104 16267 SPS 29651 b
1
limit, the notice or resolution shall be deemed filed within
2
such 3 day limit. Failure to so transmit the notice or
3
resolution within the time specified in this Section shall
4
authorize the certifying officer or board to certify the
5
original candidate. Vacancies shall be filled by the new
6
political party officers.
7

Any vacancy in nomination occurring after certification
8
but prior to 15 days before a regular election
shall be filled
9
by the new political party officers
at least 45

within 8
days
10
before 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
13
duly acknowledged before an officer qualified to take
14
acknowledgements of deeds and shall include, upon its face,
15
the following information:
16

(a) the name of the original nominee and the office
17
vacated;
18

(b) the date on which the vacancy occurred;
19

(c) the name and address of the nominee selected to fill
20
the vacancy and the date of selection.
21

The resolution to fill a vacancy in nomination shall be
22
accompanied by a Statement of Candidacy, as prescribed in
23
Section 10-5, completed by the selected nominee and a receipt
24
indicating that such nominee has filed a statement of economic
25
interests as required by the Illinois Governmental Ethics Act.
26

The provisions of Sections 10-8 through 10-10.1 relating

SB2764
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1
to objections to certificates of nomination and nomination
2
papers, hearings on objections, and judicial review, shall
3
apply to and govern objections to resolutions for filling a
4
vacancy in nomination.
5

Any vacancy in nomination occurring
15 days or
less
than
6
45 days
before a regular election shall not be filled. In this
7
event the certification of the original candidate shall stand
8
and his name shall appear on the official ballot to be voted at
9
the election.
10

A vacancy in nomination occurs when a candidate who has
11
been nominated under the provisions of Section 10-2 dies
12
before the election, or declines the nomination; provided that
13
nomination may become vacant for other reasons.
14

However, the provisions of this Section shall not apply to
15
any vacancy in nomination for a municipal office for which the
16
Municipal Code, as now or hereafter amended, provides a
17
different method for filling such vacancy, and the applicable
18
provision of the Municipal Code shall govern in such cases.
19

Any vacancy in a nomination by caucus of an established
20
political party for a township or municipal office shall be
21
filled 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
24
the names of candidates entitled to be printed upon the
25
official ballot at an election and directing election
26
authorities to place the names of such candidates upon the

SB2764
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LRB104 16267 SPS 29651 b
1
official ballot. "Certifying officers or board" shall refer to
2
the local election official, election authority or the State
3
Board of Elections, as the case may be, with whom nomination
4
papers, certificates of nomination papers and resolutions to
5
fill 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.
10
Immediately upon the receipt of such application either by
11
mail or electronic means, not more than 90 days nor less than 5
12
days prior to such election, or by personal delivery not more
13
than 90 days nor less than one day prior to such election, at
14
the office of such election authority, it shall be the duty of
15
such election authority to examine the records to ascertain
16
whether or not such applicant is lawfully entitled to vote as
17
requested, including a verification of the applicant's
18
signature on file with the office of the election authority,
19
and if found so to be entitled to vote, to post within one
20
business day thereafter the name, street address, ward and
21
precinct number or township and district number, as the case
22
may be, of such applicant given on a list, the pages of which
23
are to be numbered consecutively to be kept by such election
24
authority for such purpose in a conspicuous, open and public
25
place accessible to the public at the entrance of the office of

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1
such election authority, and in such a manner that such list
2
may be viewed without necessity of requesting permission
3
therefor. Within one day after posting the name and other
4
information of an applicant for a vote by mail ballot, the
5
election authority shall transmit by electronic means pursuant
6
to a process established by the State Board of Elections that
7
name and other posted information to the State Board of
8
Elections, which shall maintain those names and other
9
information in an electronic format on its website, arranged
10
by county and accessible to State and local political
11
committees. Within 2 business days after posting a name and
12
other information on the list within its office, but no sooner
13
than 40 days before an election, the election authority shall
14
mail, postage prepaid, or deliver in person in such office, or
15
deliver via electronic transmission pursuant to Section
16
19-2.6, an official ballot or ballots if more than one are to
17
be voted at said election. Mail delivery of Temporarily Absent
18
Student ballot applications pursuant to Section 19-12.3 shall
19
be by nonforwardable mail. However,
if a consolidated primary
20
election is required

for the consolidated election
, vote by
21
mail ballots for
the consolidated election shall be mailed no
22
later than 5 business days after the completion of the canvass
23
of the consolidated primary election to accommodate the
24
preparation 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

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1
containing the names of persons nominated for offices at the
2
consolidated primary. The election authority shall enclose
3
with each vote by mail ballot or application written
4
instructions on how voting assistance shall be provided
5
pursuant to Section 17-14 and a document, written and approved
6
by the State Board of Elections, informing the vote by mail
7
voter of the required postage for returning the application
8
and ballot, and enumerating the circumstances under which a
9
person is authorized to vote by vote by mail ballot pursuant to
10
this Article; such document shall also include a statement
11
informing the applicant that if he or she falsifies or is
12
solicited by another to falsify his or her eligibility to cast
13
a vote by mail ballot, such applicant or other is subject to
14
penalties pursuant to Section 29-10 and Section 29-20 of the
15
Election Code. Each election authority shall maintain a list
16
of the name, street address, ward and precinct, or township
17
and district number, as the case may be, of all applicants who
18
have returned vote by mail ballots to such authority, and the
19
name of such vote by mail voter shall be added to such list
20
within one business day from receipt of such ballot. If the
21
vote by mail ballot envelope indicates that the voter was
22
assisted in casting the ballot, the name of the person so
23
assisting shall be included on the list. The list, the pages of
24
which are to be numbered consecutively, shall be kept by each
25
election authority in a conspicuous, open, and public place
26
accessible to the public at the entrance of the office of the

SB2764
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LRB104 16267 SPS 29651 b
1
election authority and in a manner that the list may be viewed
2
without necessity of requesting permission for viewing.
3

Each election authority shall maintain a list for each
4
election of the voters to whom it has issued vote by mail
5
ballots. The list shall be maintained for each precinct within
6
the jurisdiction of the election authority. Prior to the
7
opening of the polls on election day, the election authority
8
shall deliver to the judges of election in each precinct the
9
list of registered voters in that precinct to whom vote by mail
10
ballots have been issued by mail.
11

Each election authority shall maintain a list for each
12
election of voters to whom it has issued temporarily absent
13
student ballots. The list shall be maintained for each
14
election jurisdiction within which such voters temporarily
15
abide. Immediately after the close of the period during which
16
application may be made by mail or electronic means for vote by
17
mail ballots, each election authority shall mail to each other
18
election authority within the State a certified list of all
19
such voters temporarily abiding within the jurisdiction of the
20
other election authority.
21

In the event that the return address of an application for
22
ballot by a physically incapacitated elector is that of a
23
facility licensed or certified under the Nursing Home Care
24
Act, the Specialized Mental Health Rehabilitation Act of 2013,
25
the ID/DD Community Care Act, or the MC/DD Act, within the
26
jurisdiction of the election authority, and the applicant is a

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1
registered voter in the precinct in which such facility is
2
located, the ballots shall be prepared and transmitted to a
3
responsible judge of election no later than 9 a.m. on the
4
Friday, Saturday, Sunday, or Monday immediately preceding the
5
election as designated by the election authority under Section
6
19-12.2. Such judge shall deliver in person on the designated
7
day the ballot to the applicant on the premises of the facility
8
from which application was made. The election authority shall
9
by mail notify the applicant in such facility that the ballot
10
will be delivered by a judge of election on the designated day.
11

All applications for vote by mail ballots shall be
12
available at the office of the election authority for public
13
inspection upon request from the time of receipt thereof by
14
the election authority until 30 days after the election,
15
except during the time such applications are kept in the
16
office of the election authority pursuant to Section 19-7, and
17
except during the time such applications are in the possession
18
of the judges of election.
19

Notwithstanding any provision of this Section to the
20
contrary, pursuant to subsection (a) of Section 30 of the
21
Address Confidentiality for Victims of Domestic Violence,
22
Sexual Assault, Human Trafficking, or Stalking Act, neither
23
the name nor the address of a program participant under that
24
Act shall be included in any list of registered voters
25
available to the public, including the lists referenced in
26
this Section.

SB2764
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LRB104 16267 SPS 29651 b
1
(Source: P.A. 102-292, eff. 1-1-22; 102-819, eff. 5-13-22;
2
102-1126, 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,
6
the county clerk shall make available to the election official
7
conducting early voting by personal appearance a sufficient
8
number of early ballots, envelopes, and printed voting
9
instruction slips for the use of early voters.
However, in
10
odd-numbered years when a consolidated primary election is
11
required, not more than 5 business days after the completion
12
of the canvass of the consolidated primary election, the
13
county clerk shall make available to the election official
14
conducting early voting by personal appearance a sufficient
15
number of early ballots, envelopes, and printed voting
16
instruction slips for the use of early voters.
The election
17
official shall receipt for all ballots received and shall
18
return unused or spoiled ballots at the close of the early
19
voting period to the county clerk and must strictly account
20
for all ballots received. The ballots delivered to the
21
election official must include early ballots for each precinct
22
in the election authority's jurisdiction and must include
23
separate ballots for each political subdivision conducting an
24
election of officers or a referendum at that election.
25

(b) In conducting early voting under this Article, the

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1
election judge or official is required to verify the signature
2
of the early voter by comparison with the signature on the
3
official registration card, and the judge or official must
4
verify (i) that the applicant is a registered voter, (ii) the
5
precinct in which the applicant is registered, and (iii) the
6
proper ballots of the political subdivision in which the
7
applicant resides and is entitled to vote before providing an
8
early ballot to the applicant. The election judge or official
9
must verify the applicant's registration from the most recent
10
poll list provided by the election authority, and if the
11
applicant is not listed on that poll list, by telephoning the
12
office of the election authority.
13

(b-5) A person requesting an early voting ballot to whom a
14
vote by mail ballot was issued may vote early if the person
15
submits that vote by mail ballot to the judges of election or
16
official conducting early voting for cancellation. If the
17
voter is unable to submit the vote by mail ballot, it shall be
18
sufficient 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
20
ballot was torn or mutilated or (ii) an affidavit executed
21
before the judges or official specifying that (A) the voter
22
never received a vote by mail ballot or (B) the voter completed
23
and returned a vote by mail ballot and was informed that the
24
election authority did not receive that vote by mail ballot.
25

(b-10) Within one day after a voter casts an early voting
26
ballot, the election authority shall transmit the voter's

SB2764
- 17 -
LRB104 16267 SPS 29651 b
1
name, street address, and precinct, ward, township, and
2
district numbers, as the case may be, to the State Board of
3
Elections, which shall maintain those names and that
4
information in an electronic format on its website, arranged
5
by county and accessible to State and local political
6
committees.
7

(b-15) Immediately after voting an early ballot, the voter
8
shall be instructed whether the voting equipment accepted or
9
rejected the ballot or identified that ballot as under-voted
10
for a statewide constitutional office. A voter whose ballot is
11
identified as under-voted may return to the voting booth and
12
complete the voting of that ballot. A voter whose early voting
13
ballot is not accepted by the voting equipment may, upon
14
surrendering the ballot, request and vote another early voting
15
ballot. The voter's surrendered ballot shall be initialed by
16
the election judge or official conducting the early voting and
17
handled as provided in the appropriate Article governing the
18
voting equipment used.
19

(c) The sealed early ballots in their carrier envelope
20
shall be delivered by the election authority to the central
21
ballot counting location before the close of the polls on the
22
day of the election.
23
(Source: P.A. 98-691, eff. 7-1-14; 98-1171, eff. 6-1-15
.)

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