How the Write-In Process Works
- Only candidates who file a
Declaration of Intent to be a Write-In Candidate may be considered as a write-in candidate.
- Candidates can file as a write-in candidate until 4:30 p.m. on the 61st day prior to the election.
- Write-in candidate names will not appear on the ballot. Only an option to write in a candidate name will appear on the ballot.
- Once all ballots have been received in our office, two judges, one from each major political party in Kane County, look at every write-in name to determine whether or not the name is of a candidate that has declared their write-in status and therefore shall be accepted.
- All accepted write-in candidate votes are then included with the other tabulated votes.
- To qualify as a candidate for an established political party in a General Election, a write-in candidate at a Primary Election for that party must receive the number of votes that is equal to or greater than the number of signatures required on a petition for that office if the number of candidates whose names appear on the primary ballot is less than the number of persons the party is entitled to nominate or elect to that office at the Primary Election.
- The number of votes required for write-in candidates to be nominated or elected to an office at a Primary Election, as outlined above, does not apply if:
- The number of votes he/she receives exceeds the number of votes received by at least one of the candidates whose name was printed on the ballot for nomination or election to the same office;
- The number of candidates whose names appear on the ballot equals or exceeds the number of persons the party in entitled to nominate or elect to that office. [10 ILCS 5/7-59]
How to File as a Write-In Candidate
- A candidate who is defeated for nomination is prohibited from filing a Declaration of Intent to be a Write-In Candidate at that General Election.
- Write-in votes shall be counted only for persons who have filed notarized
declarations of intent to be write-in candidates with the proper election authority or authorities not later than 61 days prior to the primary. However, whenever an objection to a candidate's nominating papers or petitions for any office is sustained under Section 10-10 after the 61st day before the election, then write-in votes shall be counted for that candidate if he or she has filed a notarized declaration of intent to be a write-in candidate for that office with the proper election authority or authorities not later than 7 days prior to the election. [10 ILCS 5/7-59 (b), 17-16.1, 18-9.1]
After the Election
A winning write-in candidate who receives the required number of votes at a Primary Election must file:
- a Statement of Candidacy;
- a receipt for the filing of the Statement of Economic Interests (exception: federal and party offices);
- a Loyalty Oath (optional).
These forms must be filed within 5 days of the canvass. The forms must be filed with a certifying officer or board (example: winning write-in candidate for State Representative would file with the State Board of Elections). [10 ILCS 5/7-60]