2023 Illinois Compiled Statutes › Chapter 10 - ELECTIONS › 10 ILCS 5/ - Election Code. › 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 chair 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. 100-1027, eff. 1-1-19.)
(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 chair (or vice-chair
 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: P.A. 100-1027, eff. 1-1-19.)
(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. E-Canvass.
(a) 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.
(b) Beginning with the November 2014 general election and every primary, consolidated, general, and special election thereafter, within 52 days after each election, the State Board of Elections shall publish the precinct-by-precinct vote totals on its website and make them available in a downloadable form.
(Source: P.A. 98-115, eff. 7-29-13.)
(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 chair of the county central committee
of each of the then existing established political parties, as defined in
Section 10-2.
(Source: P.A. 100-1027, eff. 1-1-19.)
(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 $50 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. 103-467, eff. 8-4-23.)
(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 committeeperson 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. 100-1027, eff. 1-1-19.)
(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 chair 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 chairperson 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. 100-1027, eff. 1-1-19.)
(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.)