Illinois Administrative Code › Title 26 - ELECTIONS › Part 201 - ESTABLISHED POLITICAL PARTY NOMINATING PETITIONS › Section 201.40 - Simultaneous Filings for the Same Office - Lottery

Current through Register Vol. 48, No. 28, July 12, 2024
Simultaneous filings of candidate nominating petitions for the
				same office occur only at 8:00 a.m. on the first day of filing, and in the last
				hour of filing on the last day of filing. The lottery system to be used by the
				State Board of Elections, the election authority, or the local election
				official to break ties resulting from simultaneous filings must be approved by
				the State Board of Elections. The following system has been so approved:
a) The names of all candidates who filed
			 simultaneously for the same office shall be listed alphabetically and shall be
			 numbered consecutively commencing with the number one, which shall be assigned
			 to the candidate whose name is listed first on the alphabetical list; provided,
			 however, that candidates filing a group petition for the same office shall be
			 treated as one in the alphabetical listing using the name of the first
			 candidate for that office to appear on the petitions as the name to be included
			 in the alphabetical list. For example, if five candidates by the name of Downs,
			 Brown, Edwards, Cook and Adams have filed simultaneously, they will be arranged
			 alphabetically and assigned numbers as follows: Adams, one; Brown, two; Cook,
			 three; Downs, four; and Edwards, five. However, if Cook and Adams filed a group
			 petition and Cook's name appeared first on the petition, then the candidates
			 would be arranged as follows: Brown, one; Cook and Adams, two; Downs, three;
			 and Edwards, four.
b) All ties will
			 be broken by a single drawing. A number shall be placed in a container
			 representing each number assigned to each candidate and group of candidates
			 pursuant to the alphabetical listing procedure set forth in subsection (a). For
			 example, if the largest number to be used for any office is five, then numbers
			 one, two, three, four and five will be placed in a container. In this manner,
			 sufficient numbers will be placed in the container to conduct a drawing for all
			 offices at the same time.
c) After
			 the numbers are placed in the container they shall be drawn one at a time from
			 the container after they have been thoroughly shaken and mixed. The candidate
			 or group of candidates in the position on an alphabetical list corresponding to
			 the first number drawn shall be certified ahead of the other candidates listed
			 on the alphabetical list. The candidate or group of candidates in the position
			 on the alphabetical list corresponding to the second number drawn will be
			 certified second, and so forth until all numbers have been drawn. For example,
			 when no group petitions were filed, if candidates Adams, Brown, Cook, Downs and
			 Edwards filed simultaneously at 8:00 a.m. on the first day of filing, and the
			 number three is the first drawn, then candidate Cook, who is listed in the
			 third position on the alphabetical list, shall be certified first on the
			 ballot. If the number one is drawn second, then candidate Adams, who is listed
			 in the first position on the alphabetical list, shall be certified second on
			 the ballot, and so on. For offices for which group petitions were filed, using
			 the example set forth in this subsection (c) in which candidates Cook and Adams
			 file a group petition for the same office, and Cook's name appears first on the
			 petition, and number three is drawn first, then candidate Downs would be listed
			 first. If the number two is drawn second, then candidates Cook and Adams would
			 be certified second and third, respectively. If the number four is drawn third,
			 then candidate Edwards would be certified fourth, and so on. In districts with
			 fewer names on the alphabetical list than are in the drawing, then all numbers
			 in excess of the number of candidates or group of candidates that appear on the
			 particular alphabetical list shall be disregarded. Thus, if five numbers are
			 placed in the container, and only four candidates or groups of candidates are
			 on a particular list, then the number five shall be disregarded. For example,
			 if candidates Adams and Cook, filing separate petitions, are the only
			 candidates listed on the alphabetical list and five numbers are chosen in the
			 following order, 3, 5, 4, 2 and 1, then candidate Cook's name will appear in
			 the certification prior to the name of candidate Adams. For simultaneous
			 petitions filed in the last hour on the last day of filing, the drawing shall
			 operate in the same manner as outlined in this Section, except that the
			 candidate associated with the first drawn number shall be certified last on the
			 ballot, the candidate associated with the second drawn number shall be
			 certified second to last on the ballot, and so on until all numbers are
			 drawn.
d) All candidates shall be
			 certified in the order in which petitions have been filed with the State Board
			 of Elections, election authority or the local election official. In cases in
			 which candidates have filed simultaneously, they shall be certified (in the
			 order determined by the lottery procedure outlined in this Section) prior to
			 candidates who filed for the same office who filed their petitions at a later
			 time, except in those situations in which the law requires rotation on a
			 district-by-district basis.