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Illinois Compiled Statutes

10 ILCS 5/1-3 (2026)

As used in this Act, unless the context otherwise requires:     1

✓ current as of May 2026
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(10 ILCS 5/1-3) (from Ch. 46, par. 1-3)
    Sec. 1-3. As used in this Act, unless the context otherwise requires:
    1. "Election" includes the submission of all questions of public policy, propositions, and all measures submitted to popular vote, and includes primary elections when so indicated by the context.
    2. "Regular election" means the general, general primary, consolidated and consolidated primary elections regularly scheduled in Article 2A. The even numbered year municipal primary established in Article 2A is a regular election only with respect to those municipalities in which a primary is required to be held on such date.
    3. "Special election" means an election not regularly recurring at fixed intervals, irrespective of whether it is held at the same time and place and by the same election officers as a regular election.
    4. "General election" means the biennial election at which members of the General Assembly are elected. "General primary election", "consolidated election" and "consolidated primary election" mean the respective elections or the election dates designated and established in Article 2A of this Code.
    5. "Municipal election" means an election or primary, either regular or special, in cities, villages, and incorporated towns; and "municipality" means any such city, village or incorporated town.
    6. "Political or governmental subdivision" means any unit of local government, or school district in which elections are or may be held. "Political or governmental subdivision" also includes, for election purposes, Regional Boards of School Trustees, and Township Boards of School Trustees.
    7. The word "township" and the word "town" shall apply interchangeably to the type of governmental organization established in accordance with the provisions of the Township Code. The term "incorporated town" shall mean a municipality referred to as an incorporated town in the Illinois Municipal Code, as now or hereafter amended.
    8. "Election authority" means a county clerk or a Board of Election Commissioners.
    9. "Election Jurisdiction" means (a) an entire county, in the case of a county in which no city board of election commissioners is located or which is under the jurisdiction of a county board of election commissioners; (b) the territorial jurisdiction of a city board of election commissioners; and (c) the territory in a county outside of the jurisdiction of a city board of election commissioners. In each instance election jurisdiction shall be determined according to which election authority maintains the permanent registration records of qualified electors.
    10. "Local election official" means the clerk or secretary of a unit of local government or school district, as the case may be, the treasurer of a township board of school trustees, and the regional superintendent of schools with respect to the various school officer elections and school referenda for which the regional superintendent is assigned election duties by The School Code, as now or hereafter amended.
    11. "Judges of election", "primary judges" and similar terms, as applied to cases where there are 2 sets of judges, when used in connection with duties at an election during the hours the polls are open, refer to the team of judges of election on duty during such hours; and, when used with reference to duties after the closing of the polls, refer to the team of tally judges designated to count the vote after the closing of the polls and the holdover judges designated pursuant to Section 13-6.2 or 14-5.2. In such case, where, after the closing of the polls, any act is required to be performed by each of the judges of election, it shall be performed by each of the tally judges and by each of the holdover judges.
    12. "Petition" of candidacy as used in Sections 7-10 and 7-10.1 shall consist of a statement of candidacy, candidate's statement containing oath, and sheets containing signatures of qualified primary electors bound together.
    13. "Election district" and "precinct", when used with reference to a 30-day residence requirement, means the smallest constituent territory in which electors vote as a unit at the same polling place in any election governed by this Act.
    14. "District" means any area which votes as a unit for the election of any officer, other than the State or a unit of local government or school district, and includes, but is not limited to, legislative, congressional and judicial districts, judicial circuits, county board districts, municipal and sanitary district wards, school board districts, and precincts.
    15. "Question of public policy" or "public question" means any question, proposition or measure submitted to the voters at an election dealing with subject matter other than the nomination or election of candidates and shall include, but is not limited to, any bond or tax referendum, and questions relating to the Constitution.
    16. "Ordinance providing the form of government of a municipality or county pursuant to Article VII of the Constitution" includes ordinances, resolutions and petitions adopted by referendum which provide for the form of government, the officers or the manner of selection or terms of office of officers of such municipality or county, pursuant to the provisions of Sections 4, 6 or 7 of Article VII of the Constitution.
    17. "List" as used in Sections 4-11, 4-22, 5-14, 5-29, 6-60, and 6-66 shall include a computer tape or computer disc or other electronic data processing information containing voter information.
    18. "Accessible" means accessible to persons with disabilities and elderly individuals for the purpose of voting or registration, as determined by rule of the State Board of Elections.
    19. "Elderly" means 65 years of age or older.
    20. "Person with a disability" means a person having a temporary or permanent physical disability.
    21. "Leading political party" means one of the two political parties whose candidates for governor at the most recent three gubernatorial elections received either the highest or second highest average number of votes. The political party whose candidates for governor received the highest average number of votes shall be known as the first leading political party and the political party whose candidates for governor received the second highest average number of votes shall be known as the second leading political party.
    22. "Business day" means any day in which the office of an election authority, local election official or the State Board of Elections is open to the public for a minimum of 7 hours.
    23. "Homeless individual" means any person who has a nontraditional residence, including, but not limited to, a shelter, day shelter, park bench, street corner, or space under a bridge.
    24. "Signature" means a name signed in ink or in digitized form. This definition does not apply to a nominating or candidate petition or a referendum petition.
    25. "Intelligent mail barcode tracking system" means a printed trackable barcode attached to the return business reply envelope for mail-in ballots under Article 19 or Article 20 that allows an election authority to determine the date the envelope was mailed in absence of a postmark.
(Source: P.A. 99-143, eff. 7-27-15; 99-522, eff. 6-30-16.)

    
Notes of Decisions
Cited in 17 cases (8 in the last 5 years), 2000–2025 · leading case: McHenry Twp. v. Cnty. of McHenry, 2022 IL 127258 (Ill. 2022).
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McHenry Twp. v. Cnty. of McHenry, 2022 IL 127258 (Ill. 2022). · cites it 2× “10 ILCS 5/1-3(15) (West 2018) (a “ ‘public question’ means any question, proposition or measure submitted to the voters at an election dealing with subject matter other than the nomination or election of candidates and shall include, but is not limited to, any bond or tax…”
Ontiveroz v. Khokhar, 2025 IL 130316 (Ill. 2025). · cites it 2× “See 10 ILCS 5/1-3(8) (West 2020) (“ ‘Election authority’ means a county clerk or a Board of Election Commissioners.”
Elam v. Mun. Officers Electoral Bd. for the Vill. of Riverdale, 2021 IL 127080 (Ill. 2021). “” 10 ILCS 5/1-3(6) (West 2020). As noted earlier, municipal elections are held in odd- numbered years.”
McHenry Twp. v. Cnty. of McHenry, 2021 IL App (2d) 200478 (Ill. App. Ct. 2021). · cites it 2× “See 10 ILCS 5/1-3(10) (West 2018) (a “ ‘[l]ocal election official’ ” includes “the clerk or secretary of a unit of local government”).”
Zurek v. Franklin Park Officers Electoral Bd., 2014 IL App (1st) 142618 (Ill. App. Ct. 2015). “In the event that none of the individuals designated by this Section to serve on the 2 Subsection 3 of section 10-9 dictates the composition of “municipal” electoral boards, and the definitions section of the Code defines the word “municipality” to include a “village” (10 ILCS…”
Sims v. Mun. Officers Electoral Bd. for the Vill. of Riverdale, 2021 IL App (1st) 210168 (Ill. App. Ct. 2021). “” 10 ILCS 5/1-3(22) (West 2020). The objectors argue that the Village was not open on Christmas Eve, so it does not qualify as a business day for purposes of the Election Code.”
McHenry Twp. v. Cnty. of McHenry, 2021 IL App (2d) 200478 (Ill. App. Ct. 2021). “See 10 ILCS 5/1-3(10) (West 2018) (a “ ‘[l]ocal election official’ ” includes “the clerk or secretary of a unit of local government”).”
Lewis v. Orr, 2013 IL App (1st) 130357 (Ill. App. Ct. 2013). · cites it 2× “10 ILCS 5/1-3(10 (West 2010). The statutes are in no way ambiguous, so under a plain reading of section 7-5(d), a primary election for the office of village president must be held if a write-in candidate files the proper paperwork with the village clerk.”
Sbarra-Hagee v. Lake Cnty. Electoral Bd., 2022 IL App (2d) 220193 (Ill. App. Ct. 2022). ““District” is defined by section 1-3 of the Election Code (10 ILCS 5/1-3 (West 2020)), and it expressly includes “county board districts.”
Zurek v. Franklin Park Officers Electoral Bd., 2014 IL App (1st) 142618 (Ill. App. Ct. 2014). “¶ 70 Section 10-9 provides for disqualification on the following ground: 2 Subsection 3 of section 10-9 dictates the composition of "municipal" electoral boards, and the definitions section of the Code defines the word "municipality" to include a "village" (10 ILCS 5/1-3 (West…”
Hutchinson v. Illinois State Bd. of Elections, 2022 IL App (1st) 220678 (Ill. App. Ct. 2022). · cites it 2× “” 10 ILCS 5/1-3(14) (West 2020). ¶6 In 2021, the General Assembly enacted the Illinois Judicial Districts Act of 2021 (Pub.”
Courtney v. Cnty. Officers Electoral Bd. (Ill. App. Ct. 2000). · cites it 3× “10 ILCS 5/1-3(12); 7-10 (West 1998). We disagree with respondents' interpretation of these provisions as applied to the facts of the instant case.”
Show all 17 citing cases →
— 10 ILCS 5/1-3(10) — 3 cases
McHenry Twp. v. Cnty. of McHenry, 2021 IL App (2d) 200478 (Ill. App. Ct. 2021). “See 10 ILCS 5/1-3(10) (West 2018) (a “ ‘[l]ocal election official’ ” includes “the clerk or secretary of a unit of local government”).”
McHenry Twp. v. Cnty. of McHenry, 2021 IL App (2d) 200478 (Ill. App. Ct. 2021). “See 10 ILCS 5/1-3(10) (West 2018) (a “ ‘[l]ocal election official’ ” includes “the clerk or secretary of a unit of local government”).”
Cook v. Orr, 2018 IL App (1st) 180246 (Ill. App. Ct. 2018).
— 10 ILCS 5/1-3(12) — 1 case
Courtney v. Cnty. Officers Electoral Bd. (Ill. App. Ct. 2000). “10 ILCS 5/1-3(12); 7-10 (West 1998). We disagree with respondents' interpretation of these provisions as applied to the facts of the instant case.”
— 10 ILCS 5/1-3(14) — 3 cases
Hutchinson v. Illinois State Bd. of Elections, 2022 IL App (1st) 220678 (Ill. App. Ct. 2022). “” 10 ILCS 5/1-3(14) (West 2020). ¶6 In 2021, the General Assembly enacted the Illinois Judicial Districts Act of 2021 (Pub.”
Pilz v. McHenry Cnty. Electoral Bd. of Commissioners, 2020 IL App (2d) 200128-U (Ill. App. Ct. 2020).
Pilz v. McHenry Cnty. Electoral Bd. of Commissioners, 2020 IL App (2d) 200127-U (Ill. App. Ct. 2020).
— 10 ILCS 5/1-3(15) — 2 cases
McHenry Twp. v. Cnty. of McHenry, 2022 IL 127258 (Ill. 2022). “10 ILCS 5/1-3(15) (West 2018) (a “ ‘public question’ means any question, proposition or measure submitted to the voters at an election dealing with subject matter other than the nomination or election of candidates and shall include, but is not limited to, any bond or tax…”
Mashni Corp. v. Laski (Ill. App. Ct. 2004).
— 10 ILCS 5/1-3(22) — 1 case
Sims v. Mun. Officers Electoral Bd. for the Vill. of Riverdale, 2021 IL App (1st) 210168 (Ill. App. Ct. 2021). “” 10 ILCS 5/1-3(22) (West 2020). The objectors argue that the Village was not open on Christmas Eve, so it does not qualify as a business day for purposes of the Election Code.”
— 10 ILCS 5/1-3(6) — 1 case
Elam v. Mun. Officers Electoral Bd. for the Vill. of Riverdale, 2021 IL 127080 (Ill. 2021). “” 10 ILCS 5/1-3(6) (West 2020). As noted earlier, municipal elections are held in odd- numbered years.”
— 10 ILCS 5/1-3(8) — 4 cases
Ontiveroz v. Khokhar, 2025 IL 130316 (Ill. 2025). “See 10 ILCS 5/1-3(8) (West 2020) (“ ‘Election authority’ means a county clerk or a Board of Election Commissioners.”
McHenry Twp. v. Cnty. of McHenry, 2022 IL 127258 (Ill. 2022). “10 ILCS 5/1-3(15) (West 2018) (a “ ‘public question’ means any question, proposition or measure submitted to the voters at an election dealing with subject matter other than the nomination or election of candidates and shall include, but is not limited to, any bond or tax…”
McHenry Twp. v. Cnty. of McHenry, 2021 IL App (2d) 200478 (Ill. App. Ct. 2021). “See 10 ILCS 5/1-3(10) (West 2018) (a “ ‘[l]ocal election official’ ” includes “the clerk or secretary of a unit of local government”).”
Lewis v. Orr, 2013 IL App (1st) 130357 (Ill. App. Ct. 2013). “10 ILCS 5/1-3(10 (West 2010). The statutes are in no way ambiguous, so under a plain reading of section 7-5(d), a primary election for the office of village president must be held if a write-in candidate files the proper paperwork with the village clerk.”
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