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Illinois Compiled Statutes
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ELECTIONS (10 ILCS 5/) Election Code. 10 ILCS 5/Art. 10
(10 ILCS 5/Art. 10 heading)
ARTICLE 10.
MAKING OF NOMINATIONS IN CERTAIN OTHER CASES.
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10 ILCS 5/10-1
(10 ILCS 5/10-1) (from Ch. 46, par. 10-1)
Sec. 10-1. Application of Article to minor political parties.
(a) Political parties as defined in this Article and individual
voters to the number and in the manner specified in this Article may
nominate candidates for public offices whose names shall be placed on
the ballot to be furnished, as provided in this Article. No
nominations may be made under this Article 10, however, by any
established political party which, at the general election next
preceding, polled more than 5% of the entire vote cast in the State,
district, or unit of local government for which the nomination is made.
Those nominations provided for in Section 45-5 of the Township Code
shall be made as prescribed in Sections 45-10 through 45-45 of that
Code for nominations
by established political parties, but minor political parties and
individual voters are governed by this Article. Any convention,
caucus, or meeting of qualified voters of any established political party
as defined in this Article may, however, make one
nomination for each office therein to be
filled at any election for officers of a municipality with a population
of less than 5,000 by causing a certificate of nomination to be filed
with the municipal clerk no earlier than 113 and no later than 106 days before
the election at which the nominated candidates are to be on the ballot.
The municipal caucuses shall be conducted on the first Monday in December of even-numbered years,
except that, when that Monday is a holiday or the eve
of a holiday, the caucuses shall be held on the next business day following the
holiday. Every certificate of nomination shall
state the facts required in Section 10-5 of this Article and
shall be signed by the presiding officer and by the secretary of the
convention, caucus, or meeting, who shall add to their signatures their
places of residence. The certificates shall be sworn to by them to be
true to the best of their knowledge and belief, and a certificate of the
oath shall be annexed to the certificate of nomination.
(b) Publication of the time and place of holding the caucus shall be given
by the municipal clerk. For municipalities of over 500 population, notice
of the caucus shall be published in a newspaper published in the
municipality. If there is no such newspaper, then the notice
shall be published in a newspaper
published in the county and having general circulation in the municipality.
For municipalities of 500 population or less,
notice of the caucus shall be given by the municipal clerk by posting the
notice in 3 of the most public places in the municipality. The
publication or posting shall be given at least 10 days before the caucus.
(c) As provided in Sections 3.1-25-20 through 3.1-25-60 of the Illinois
Municipal Code, a village may adopt a system of nonpartisan primary and general
elections for the election of village officers.
(d) Any city, village, or incorporated town with a population of 5,000 or
less may, by ordinance, determine that established political parties shall
nominate candidates for municipal office in the city, village, or
incorporated town by primary in accordance with Article 7.
(e) Only those voters who reside within the territory for which the
nomination is made shall be permitted to vote or take part in the
proceedings of any convention, caucus, or meeting of individual voters or
of any political party held under this Section.
No voter shall vote or take part in the proceedings of more than one
convention, caucus, or meeting to make a nomination for the same office.
(Source: P.A. 97-81, eff. 7-5-11.)
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10 ILCS 5/10-2
(10 ILCS 5/10-2) (from Ch. 46, par. 10-2)
Sec. 10-2.
The term "political party", as hereinafter used in this
Article 10, shall mean any "established political party", as hereinafter
defined and shall also mean any political group which shall hereafter
undertake to form an established political party in the manner provided
for in this Article 10: Provided, that no political organization or
group shall be qualified as a political party hereunder, or given a
place on a ballot, which organization or group is associated, directly
or indirectly, with Communist, Fascist, Nazi or other un-American
principles and engages in activities or propaganda designed to teach
subservience to the political principles and ideals of foreign nations
or the overthrow by violence of the established constitutional form of
government of the United States and the State of Illinois.
A political party which, at the last general election for State and
county officers, polled for its candidate for Governor more than 5% of
the entire vote cast for Governor, is hereby declared to be an
"established political party" as to the State and as to any district or
political subdivision thereof.
A political party which, at the last election in any congressional
district, legislative district, county, township, municipality or other
political subdivision or district in the State, polled more than 5% of
the entire vote cast within such territorial area or political
subdivision, as the case may be, has voted as a unit for the election of
officers to serve the respective territorial area of such district or
political subdivision, is hereby declared to be an "established
political party" within the meaning of this Article as to such district
or political subdivision.
Any group of persons hereafter desiring to form a new political party
throughout the State, or in any congressional, legislative or judicial
district, or in any other district or in any political subdivision
(other than a municipality) not entirely within a single county, shall
file with the State Board of Elections a petition, as hereinafter
provided; and any such group of persons hereafter desiring to form a new
political party within any county shall file such petition with the
county clerk; and any such group of persons hereafter desiring to form a
new political party within any municipality or township or within any
district of a unit of local government other than a county shall file
such petition with the local election official or Board of Election
Commissioners of such municipality, township or other unit of local
government, as the case may be. Any such petition for the formation of a
new political party throughout the State, or in any such district or
political subdivision, as the case may be, shall declare as concisely as
may be the intention of the signers thereof to form such new political
party in the State, or in such district or political subdivision; shall
state in not more than 5 words the name of such new political party;
shall at the time of filing contain a complete list of candidates of
such party for all offices to be filled in the State, or such district
or political subdivision as the case may be, at the next ensuing
election then to be held; and, if such new political party shall be
formed for the entire State, shall be signed by 1% of the number of voters
who voted at the next preceding Statewide general election or 25,000
qualified voters, whichever is less. If such new political party shall be
formed for any district
or political subdivision less than the entire State, such petition shall
be signed by qualified voters equaling in number not less than 5% of the
number of voters who voted at the next preceding regular election in
such district or political subdivision in which such district or
political subdivision voted as a unit for the election of officers to
serve its respective territorial area. However, whenever the minimum signature
requirement for a district or political subdivision new political
party petition shall exceed the minimum number of signatures for State-wide
new political party petitions at the next preceding State-wide general
election, such State-wide petition signature requirement shall be the
minimum for such district or political subdivision new political party petition.
For the first election following a redistricting of congressional districts,
a petition to form a new political party in a congressional district shall
be signed by at least 5,000 qualified voters of the congressional district.
For the first election following a redistricting of legislative districts,
a petition to form a new political party in a legislative district shall
be signed by at least 3,000 qualified voters of the legislative district.
For the first election following a redistricting of representative
districts, a petition to form a new political party in a representative
district shall be signed by at least 1,500 qualified voters of the
representative district.
For the first election following redistricting of county board districts,
or of municipal wards or districts, or for the first election following
the initial establishment of such districts or wards in a county or
municipality, a petition to form a new political party in a county board
district or in a municipal ward or district shall be signed by qualified
voters of the district or ward equal to not less than 5% of the total
number of votes cast at the preceding general or municipal election, as the
case may be, for the county or municipal office voted on throughout the
county or municipality for which the greatest total number of votes were
cast for all candidates, divided by the number of districts or wards, but
in any event not less than 25 qualified voters of the district or ward.
In the case of a petition to form a new political party within a political
subdivision in which officers are to be elected from
districts and at-large, such petition shall consist
of separate components for each district from which an officer
is to be elected. Each component shall be circulated only within a
district of the political subdivision and signed only by qualified electors
who are residents of such district. Each sheet of such petition must
contain a complete list of the names of the candidates of the party for all
offices to be filled in the political subdivision at large, but the sheets
comprising each component shall also contain the names of those candidates
to be elected from the particular district. Each component of the petition
for each district from which an officer is to be elected must be signed by
qualified voters of the district equalling in number not less than 5% of
the number of voters who voted at the next preceding regular election in
such district at which an officer was elected to serve the district. The
entire petition, including all components, must be signed by a total of
qualified voters of the entire political subdivision equalling in number
not less than 5% of the number of voters who voted at the next preceding
regular election in such political subdivision at which an officer was
elected to serve the political subdivision at large.
The filing of such petition shall constitute the political group a
new political party, for the purpose only of placing upon the ballot at
such next ensuing election such list or an adjusted list in accordance
with Section 10-11, of party candidates for offices to be voted for
throughout the State, or for offices to be voted for in such district or
political subdivision less than the State, as the case may be, under the
name of and as the candidates of such new political party.
If, at such ensuing election, the new political party's candidate for
Governor shall receive more than 5% of the entire votes cast for
Governor, then such new political party shall become an "established
political party" as to the State and as to every district or political
subdivision thereof. If, at such ensuing election, the other candidates
of the new political party, or any other candidate or candidates of the
new political party shall receive more than 5% of all the votes cast for
the office or offices for which they were candidates at such election,
in the State, or in any district or political subdivision, as the case
may be, then and in that event, such new political party shall become an
"established political party" within the State or within such district
or political subdivision less than the State, as the case may be, in
which such candidate or candidates received more than 5% of the votes
cast for the office or offices for which they were candidates. It shall
thereafter nominate its candidates for public offices to be filled in
the State, or such district or political subdivision, as the case may
be, under the provisions of the laws regulating the nomination of
candidates of established political parties at primary elections and
political party conventions, as now or hereafter in force.
A political party which continues to receive for its candidate for
Governor more than 5% of the entire vote cast for Governor, shall remain
an "established political party" as to the State and as to every
district or political subdivision thereof. But if the political party's
candidate for Governor fails to receive more than 5% of the entire vote
cast for Governor, or if the political party does not nominate a
candidate for Governor, the political party shall remain an "established
political party" within the State or within such district or political
subdivision less than the State, as the case may be, only so long as,
and only in those districts or political subdivisions in which, the
candidates of that political party, or any candidate or candidates of
that political party, continue to receive more than 5% of all the votes
cast for the office or offices for which they were candidates at
succeeding general or consolidated elections within the State or within
any district or political subdivision, as the case may be.
Any such petition shall be filed at the same time and shall be
subject to the same requirements and to the same provisions in respect
to objections thereto and to any hearing or hearings upon such
objections that are hereinafter in this Article 10 contained in regard
to the nomination of any other candidate or candidates by petition. If
any such new political party shall become an "established political
party" in the manner herein provided, the candidate or candidates of
such new political party nominated by the petition hereinabove referred
to for such initial election, shall have power to select any such party committeeperson
or committeepersons as shall be necessary for the creation of a
provisional party organization and provisional managing committee or
committees for such party within the State, or in any district or
political subdivision in which the new political party has become
established; and the party committeeperson or committeepersons so selected
shall constitute a provisional party organization for the new political
party and shall have and exercise the powers conferred by law upon any
party committeeperson or committeepersons to manage and control the affairs of
such new political party until the next ensuing primary election at
which the new political party shall be entitled to nominate and elect
any party committeeperson or committeepersons in the State, or in such district
or political subdivision under any parts of this Act relating to the
organization of political parties.
A candidate for whom a nomination paper has been filed as a partisan
candidate at a primary election, and who is defeated for his or her
nomination at the primary election, is ineligible for nomination as a
candidate of a new political party for election in that general election.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/10-3
(10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
Sec. 10-3. Nomination of independent candidates (not candidates of
any political party), for any office to be filled by the voters of the
State at large may also be made by nomination papers signed in the
aggregate for each candidate by 1% of the number of voters who voted in
the next preceding Statewide general election or 25,000 qualified voters
of the State, whichever is less. Nominations of independent candidates
for public office within any district or political subdivision less than
the State, may be made by nomination papers signed in the aggregate for
each candidate by qualified voters of such district, or political
subdivision, equaling not less than 5%, nor more than 8% (or 50 more
than the minimum, whichever is greater) of the number of persons, who
voted at the next preceding regular election in such district or
political subdivision in which such district or political subdivision
voted as a unit for the election of officers to serve its respective
territorial area. However, whenever the minimum
signature requirement for an independent candidate petition for a
district or political subdivision office shall exceed the minimum number
of signatures for an independent candidate petition for an office to be
filled by the voters of the State at large at the next preceding
State-wide general election, such State-wide petition signature
requirement shall be the minimum for an independent candidate petition
for such district or political subdivision office. For the first
election following a redistricting of congressional districts,
nomination papers for an independent candidate for congressperson shall be
signed by at least 5,000 qualified voters of the congressional district.
For the first election following a redistricting of legislative
districts, nomination papers for an independent candidate for State
Senator in the General Assembly shall be signed by at
least 3,000 qualified voters of the legislative district. For the first
election following a redistricting of representative districts, nomination
papers for an independent candidate for State Representative in the General
Assembly shall be signed by at least 1,500 qualified voters of the
representative district. For the first election following redistricting of
county board districts, or of municipal wards or districts, or for the
first election following the initial establishment of such districts or
wards in a county or municipality, nomination papers
for an independent candidate for county board member, or for alderperson or
trustee of such municipality, shall be signed by qualified voters of the
district or ward equal to not less than 5% nor more than 8% (or 50 more
than the minimum, whichever is greater) of the total number of votes cast
at the preceding general or general municipal election, as the case
may be, for the county or municipal office voted on throughout such county
or municipality for which the greatest total number of votes were cast for
all candidates, divided by the number of districts or wards, but in any
event not less than 25 qualified voters of the district or ward. Each voter
signing a nomination paper shall add to his signature his place of
residence, and each voter may subscribe to one nomination for such
office to be filled, and no more: Provided that the name of any
candidate whose name may appear in any other place upon the ballot shall
not be so added by petition for the same office.
The person circulating the petition, or the candidate on whose behalf
the petition is circulated, may strike any signature from the petition,
provided that;
(1) the person striking the signature shall initial | | the petition at the place where the signature is struck; and
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(2) the person striking the signature shall sign a
| | certification listing the page number and line number of each signature struck from the petition. Such certification shall be filed as a part of the petition.
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(3) the persons striking signatures from the petition
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(4) all of the foregoing requirements shall be
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In the case of the offices of Governor and Lieutenant Governor a
joint petition including one candidate for each of those offices must be
filed.
A candidate for whom a nomination paper has been filed as a partisan
candidate at a primary election, and who is defeated for his or her
nomination at the primary election, is ineligible to be placed on the
ballot as an independent candidate for election in that general or
consolidated election.
A candidate seeking election to an office for which candidates of
political parties are nominated by caucus who is a participant in the
caucus and who is defeated for his or
her nomination at such caucus, is ineligible to be listed on the ballot at
that general or consolidated election as an independent candidate.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/10-3.1
(10 ILCS 5/10-3.1) (from Ch. 46, par. 10-3.1)
Sec. 10-3.1.
Petitions for nomination of nonpartisan candidates for offices
to be filled at an election provided in Article 2A of this Code shall be in
conformity with any requirements as to contents and number of signatures
specified in the statute creating the political subdivision or providing the
applicable form of government thereof. Petitions for nomination of nonpartisan
candidates for municipal offices where the statute creating the municipality or
providing the form of government thereof, or the ordinance so providing,
pursuant to Article VII of the Constitution, requires election to such office
on a nonpartisan basis and does not permit political party nominations
(including without limitation Articles 4 and 5 of the Municipal Code) shall be
in conformity with any requirements as to contents and number of signatures
specified in such statute or ordinance.
The provisions of this Article 10 relating to independent candidate petition
requirements shall apply to nonpartisan petitions to the extent they are
not inconsistent with the requirements of such other statutes or ordinances.
If signature requirements for petitions for nomination of nonpartisan
candidates are not specified in the statute creating the political
subdivision or the signature requirements cannot be determined under
Article 10, the signature requirements for the nonpartisan candidates shall
be at least 0.5% of the total number of registered voters of the political
subdivision for which the nomination is made or a minimum of 25, whichever is
greater.
(Source: P.A. 87-1052.)
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10 ILCS 5/10-4
(10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
Sec. 10-4. Form of petition for nomination. All petitions for nomination
under this Article 10 for
candidates for public office in this State, shall in addition to other
requirements provided by law, be as follows: Such petitions shall
consist of sheets of uniform size and each sheet shall contain, above
the space for signature, an appropriate heading, giving the information
as to name of candidate or candidates in whose behalf such petition is
signed; the office; the party; place of residence; and such other
information or wording as required to make same valid, and the heading
of each sheet shall be the same. Such petition shall be signed by the
qualified voters in their own proper persons only, and opposite the
signature of each signer his residence address shall be written or
printed. The residence address required to be written or printed
opposite each qualified primary elector's name shall include the street
address or rural route number of the signer, as the case may be, as well as
the signer's county, and city, village or town, and state. However,
the county or city, village or
town, and state of residence of such electors may be printed on the
petition forms where all of the electors signing the petition
reside in the same county or city, village or town, and state. Standard
abbreviations may be used in writing the residence address, including
street number, if any. Except as otherwise provided in this Code, no signature shall be valid or be counted in
considering the validity or sufficiency of such petition unless the
requirements of this Section are complied with. At the bottom of each
sheet of such petition shall be added a circulator's statement, signed by a
person 18
years of age or older who is a citizen of the United States; stating the street address or rural route
number, as the case may be, as well as the county,
city,
village or town, and state; certifying that the signatures on that sheet of
the petition
were signed in his or her presence; certifying that the signatures are
genuine;
and either (1) indicating the dates on which that sheet was circulated, or (2)
indicating the first and last dates on which the sheet was circulated, or (3)
certifying that none of the signatures on the sheet were signed more than 90
days preceding the last day for the filing of the petition; and
certifying
that to the best of his knowledge and belief the persons so signing were at the
time of signing the petition duly registered voters under Article 4, 5, or 6 of this
Code of the political subdivision or district for which the candidate or
candidates shall be nominated, and certifying that their respective residences
are correctly stated therein. Such statement shall be sworn to before some
officer authorized to administer oaths in this State. Except as otherwise provided in this Code, no petition sheet shall
be circulated more than 90 days preceding the last day provided in Section 10-6
for the filing of such petition. Such sheets, before being presented to the
electoral board or filed with the proper officer of the electoral district or
division of the state or municipality, as the case may be, shall be neatly
fastened together in book form, by placing the sheets in a pile and fastening
them together at one edge in a secure and suitable manner, and the sheets shall
then be numbered consecutively. The sheets shall not be fastened by pasting
them together end to end, so as to form a continuous strip or roll. All
petition sheets which are filed with the proper local election officials,
election authorities or the State Board of Elections shall be the original
sheets which have been signed by the voters and by the circulator, and not
photocopies or duplicates of such sheets. A petition, when presented or
filed, shall not be withdrawn, altered, or added to, and no signature shall be
revoked except by revocation in writing presented or filed with the officers or
officer with whom the petition is required to be presented or filed, and before
the presentment or filing of such petition. Whoever forges any name of a
signer upon any petition shall be deemed guilty of a forgery, and on conviction
thereof, shall be punished accordingly. The word "petition" or "petition for
nomination", as used herein, shall mean what is sometimes known as nomination
papers, in distinction to what is known as a certificate of nomination. The
words "political division for which the candidate is nominated", or its
equivalent, shall mean the largest political division in which all qualified
voters may vote upon such candidate or candidates, as the state in the case of
state officers; the township in the case of township officers et cetera.
Provided, further, that no person shall circulate or certify petitions for
candidates of more than one political party, or for an independent candidate or
candidates in addition to one political party, to be voted upon at the next
primary or general election, or for such candidates and parties with respect to
the same political subdivision at the next consolidated election.
(Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21.)
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10 ILCS 5/10-5
(10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
Sec. 10-5.
All petitions for nomination shall,
besides containing the names of candidates, specify as to each:
1. The office or offices to which such candidate or candidates shall
be nominated.
2. The new political party, if any, represented, expressed in not more than 5
words. However, such party shall not bear the same name as, nor include
the name of any established political party as defined in this Article.
This prohibition does not preclude any established political party from
making nominations in those cases in which it is authorized to do so.
3. The place of residence of any such candidate or candidates with
the street and number thereof, if any. In the case of electors for
President and Vice-President of the United States, the names of
candidates for President and Vice-President may be added to the party
name or appellation.
Such certificate of nomination or nomination papers in addition shall
include as a part thereof, the oath required by Section 7-10.1 of this
Act and must include a statement of candidacy for each of the candidates named
therein, except candidates for electors for President and Vice-President
of the United States. Each such statement shall set out the address of
such candidate, the office for which he is a candidate, shall state that
the candidate is qualified for the office specified and has filed (or will
file before the close of the petition filing period) a
statement of economic interests as required by the Illinois Governmental
Ethics Act, shall request that the candidate's name be placed upon the
official ballot and shall be subscribed and sworn to by such candidate
before some officer authorized to take acknowledgments of deeds in this
State, and may be in substantially the following form:
State of Illinois) ) SS. County of........)
I,...., being first duly sworn, say that I reside at.... street, in
the city (or village) of.... in the county of.... State of Illinois;
and that I am a qualified voter therein; that I am a candidate for
election to the office of.... to be voted upon at the election to be
held on the.... day of....,.....; and that I am legally qualified
to hold such office and that I have filed (or will file before the close
of the petition filing period) a statement of economic
interests as required by the Illinois Governmental Ethics Act, and I
hereby request that my name be printed upon the official ballot for
election to such office.
Signed.................
Subscribed and sworn to (or affirmed) before me by.... who is to me
personally known, this.... day of....,......
Signed.................
(Official Character)
(Seal, if officer has one.)
In addition, a new political party petition shall have attached thereto
a certificate stating the names and addresses of the party officers authorized
to fill vacancies in nomination pursuant to Section 10-11.
Nomination papers filed under this Section are not valid if the
candidate named therein fails to file a statement of economic interests
as required by the Illinois Governmental Ethics Act in relation to his
candidacy with the appropriate officer by the end of the period for the
filing of nomination papers unless he has filed a statement of economic
interests in relation to the same governmental unit with that officer
during the same calendar year as the year in which such nomination
papers were filed. If the nomination papers of any candidate and the
statement of economic interest of that candidate are not required to be
filed with the same officer, the candidate must file with the officer
with whom the nomination papers are filed a receipt from the officer
with whom the statement of economic interests is filed showing the date
on which such statement was filed. Such receipt shall be so filed not
later than the last day on which nomination papers may be filed.
(Source: P.A. 84-551.)
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10 ILCS 5/10-5.1
(10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
Sec. 10-5.1. In the designation of the name of a candidate on a certificate of
nomination or nomination papers the candidate's given name or names,
initial or initials, a nickname by which the candidate is commonly
known, or a combination thereof, may be used in addition to the
candidate's surname. If a candidate has changed his or her name, whether by a statutory or common law procedure in Illinois or any other jurisdiction, within 3 years before the last day for filing the certificate of nomination or nomination papers for that office, whichever is applicable, then (i) the candidate's name on the certificate or papers must be followed by "formerly known as (list all prior names during the 3-year period) until name changed on (list date of each such name change)" and (ii) the certificate or paper must be accompanied by the candidate's affidavit stating the candidate's previous names during the period specified in (i) and the date or dates each of those names was changed; failure to meet these requirements shall be grounds for denying certification of the candidate's name for the ballot or removing the candidate's name from the ballot, as appropriate, but these requirements do not apply to name changes resulting from adoption to assume an adoptive parent's or parents' surname, marriage or civil union to assume a spouse's surname, or dissolution of marriage or civil union or declaration of invalidity of marriage or civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. No other designation such as a political slogan,
title, or
degree, or
nickname suggesting or implying possession of a title, degree or professional
status, or
similar information may be used in connection with the candidate's
surname.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/10-6 (10 ILCS 5/10-6) (from Ch. 46, par. 10-6) Sec. 10-6. Time and manner of filing. Except as otherwise provided in this Code, certificates of nomination and nomination papers for the nomination of candidates for offices to be filled by electors of the entire State, or any district not entirely within a county, or for congressional, state legislative or judicial offices, shall be presented to the principal office of the State Board of Elections not more than 169 nor less than 162 days previous to the day of election for which the candidates are nominated. The State Board of Elections shall endorse the certificates of nomination or nomination papers, as the case may be, and the date and hour of presentment to it. Except as otherwise provided in this Code, all other certificates for the nomination of candidates shall be filed with the county clerk of the respective counties not more than 169 but at least 162 days previous to the day of such election. Certificates of nomination and nomination papers for the nomination of candidates for school district offices to be filled at consolidated elections shall be filed with the county clerk or county board of election commissioners of the county in which the principal office of the school district is located not more than 141 nor less than 134 days before the consolidated election. Except as otherwise provided in this Code, certificates of nomination and nomination papers for the nomination of candidates for the other offices of political subdivisions to be filled at regular elections other than the general election shall be filed with the local election official of such subdivision: (1) (blank); (2) not more than 141 nor less than 134 days prior to | | the consolidated election; or
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| (3) not more than 141 nor less than 134 days prior to
| | the general primary in the case of municipal offices to be filled at the general primary election; or
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| (4) not more than 127 nor less than 120 days before
| | the consolidated primary in the case of municipal offices to be elected on a nonpartisan basis pursuant to law (including, without limitation, those municipal offices subject to Articles 4 and 5 of the Municipal Code); or
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| (5) not more than 141 nor less than 134 days before
| | the municipal primary in even numbered years for such nonpartisan municipal offices where annual elections are provided; or
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| (6) in the case of petitions for the office of
| | multi-township assessor, such petitions shall be filed with the election authority not more than 113 nor less than 134 days before the consolidated election.
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| However, where a political subdivision's boundaries are co-extensive with or are entirely within the jurisdiction of a municipal board of election commissioners, the certificates of nomination and nomination papers for candidates for such political subdivision offices shall be filed in the office of such Board.
(Source: P.A. 102-15, eff. 6-17-21; 103-600, eff. 7-1-24.)
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10 ILCS 5/10-6.1 (10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1) Sec. 10-6.1. The board or clerk with whom a certificate of nomination or nomination papers are filed shall notify the person for whom such papers are filed of the obligation to file statements of organization, reports of campaign contributions, and quarterly reports of campaign contributions and expenditures under Article 9 of this Act. Such notice shall be given in the manner prescribed by paragraph (7) of Section 9-16 of this Code. (Source: P.A. 103-600, eff. 7-1-24.) |
10 ILCS 5/10-6.2
(10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
Sec. 10-6.2.
The State Board of Elections, the election authority or
the local election official with whom petitions for nomination are filed
pursuant to this Article 10 shall specify the place where filings shall
be made and upon receipt shall endorse thereon the day and the hour at
which each petition was filed. Except as provided by Article 9 of The
School Code, all petitions filed by persons waiting
in line as of 8:00 a.m. on the first day for filing, or as of the normal
opening hour of the office involved on such day, shall be deemed filed
as of 8:00 a.m. or the normal opening hour, as the case may be.
Petitions filed by mail and received after midnight of the first day for
filing and in the first mail delivery or pickup of that day shall be
deemed filed as of 8:00 a.m. of that day or as of the normal opening
hour of such day, as the case may be. All petitions received thereafter
shall be deemed filed in the order of actual receipt. However, 2 or more petitions filed within the last hour of the filing deadline shall be deemed filed simultaneously. Where 2 or more
petitions are received simultaneously, the State Board of Elections, the
election authority or the local election official with whom such
petitions are filed shall break ties and determine the order of filing
by means of a lottery or other fair and impartial method of random
selection approved by the State Board of Elections. Such lottery shall
be conducted within 9 days following the last day for petition filing and shall
be open to the public. Seven days written notice of the time and place of
conducting such random selection shall be given, by the State Board of
Elections, the election authority, or local election official, to the Chair
of each political party, and to each organization of citizens within the
election jurisdiction which was entitled, under this Code, at the next
preceding election, to have pollwatchers present on the day of election. The
State Board of Elections, the election authority or local election official
shall post in a conspicuous, open and public place, at the entrance of the
office, notice of the time and place of such lottery. The State Board of
Elections shall adopt rules and regulations governing the procedures for
the conduct of such lottery. All candidates shall be
certified in the order in which their petitions have been filed and in the
manner prescribed by Section 10-14 and 10-15 of this Article. Where
candidates have filed simultaneously, they shall be certified in the order
determined by lot and prior to candidates who filed for the same office or
offices at a later time. Certificates of nomination filed within the
period prescribed in Section 10-6(2) for candidates nominated by caucus for
township or municipal offices shall be subject to the ballot placement
lottery for established political parties prescribed in Section 7-60 of
this Code.
If multiple sets of nomination papers are filed for a candidate to
the same office, the State Board of Elections, appropriate election
authority or local election official where the petitions are filed shall
within 2 business days notify the candidate of his or her multiple petition
filings and that the candidate has 3 business days after receipt of the notice
to notify the State Board of Elections, appropriate election authority or local
election official that he or she may cancel prior sets of petitions. If the
candidate notifies the State Board of Elections, appropriate election authority
or local election official, the last set of petitions filed shall be the only
petitions to be considered valid by the State Board of Elections, election
authority or local election official. If the candidate fails to notify the
State Board of Elections, appropriate election authority or local election
official then only the first set of petitions filed shall be valid and all
subsequent petitions shall be void.
(Source: P.A. 100-1027, eff. 1-1-19 .)
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10 ILCS 5/10-7
(10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
Sec. 10-7.
Except as otherwise provided in this Code, any person whose name has been presented as a candidate, including nonpartisan and independent candidates,
may cause his name to be withdrawn from any such nomination by his
request in writing, signed by him and duly acknowledged before an
officer qualified to take acknowledgment of deeds, and presented to the
principal office or permanent branch office of the Board, the election
authority, or the local election official, as the case may be, not later
than the date for certification of candidates for the ballot. No name so
withdrawn shall be printed upon the ballots under the party appellation or
title from which the candidate has withdrawn his name. If such a request for withdrawal is received after the date for certification of the candidates for the ballot, then the votes cast for the withdrawn candidate are invalid and shall not be reported by the election authority. If the name of the
same person has been presented as a candidate for 2 or more offices which
are incompatible so that the same person could not serve in more than one
of such offices if elected, that person must withdraw as a candidate for
all but one of such offices within the 5 business days following the last
day for petition filing. If he fails to withdraw as a candidate for all
but one of such offices within such time, his name shall not be certified,
nor printed on the ballot, for any office. However, nothing in this Section
shall be construed as precluding a judge who is seeking retention in office
from also being a candidate for another judicial office. Except as
otherwise herein provided, in case the certificate of nomination or
petition as provided for in this Article shall contain or exhibit the name
of any candidate for any office upon more than one of said certificates or
petitions (for the same office), then and in that case the Board or
election authority or local election official, as the case may be, shall
immediately notify said candidate of said fact and that his name appears
unlawfully upon more than one of said certificates or petitions and that
within 3 days from the receipt of said notification, said candidate must
elect as to which of said political party appellations or groups he desires
his name to appear and remain under upon said ballot, and if said candidate
refuses, fails or neglects to make such election, then and in that case the
Board or election authority or local election official, as the case may be,
shall permit the name of said candidate to appear or be printed or placed
upon said ballot only under the political party appellation or group
appearing on the certificate of nomination or petition, as the case may be,
first filed, and shall strike or cause to be stricken the name of said
candidate from all certificates of nomination and petitions
filed after the first such certificate of nomination or petition.
Whenever the name of a candidate for an office is withdrawn from a new
political party petition, it shall constitute a vacancy in nomination for
that office which may be filled in accordance with Section 10-11 of this
Article; provided, that if the names of all candidates for all offices on
a new political party petition are withdrawn or such petition is declared
invalid by an electoral board or upon judicial review, no vacancies in
nomination for those offices shall exist and the filing of any notice or
resolution purporting to fill vacancies in nomination shall have no legal effect.
Whenever the name of an independent candidate for an office is withdrawn
or an independent candidate's petition is declared invalid by an electoral
board or upon judicial review, no vacancy in nomination for that office
shall exist and the filing of any notice or resolution purporting to fill
a vacancy in nomination shall have no legal effect.
All certificates of nomination and nomination papers when presented or
filed shall be open, under proper regulation, to public inspection, and the
State Board of Elections and the several election authorities and local
election officials having charge of nomination papers shall preserve the
same in their respective offices not less than 6 months.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/10-8
(10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
Sec. 10-8.
Except as otherwise provided in this Code, certificates of nomination and nomination papers, and
petitions to submit public questions to a referendum, being filed as
required by this Code, and being in apparent conformity with the
provisions of this Act, shall be deemed to be valid unless objection
thereto is duly made in writing within 5 business days after the last day for
filing the certificate of nomination or nomination papers or petition
for a public question, with the following exceptions:
A. In the case of petitions to amend Article IV of | | the Constitution of the State of Illinois, there shall be a period of 35 business days after the last day for the filing of such petitions in which objections can be filed.
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B. In the case of petitions for advisory questions
| | of public policy to be submitted to the voters of the entire State, there shall be a period of 35 business days after the last day for the filing of such petitions in which objections can be filed.
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Any legal voter of the political subdivision or district in which the
candidate or public question is to be voted on, or any legal voter in
the State in the case of a proposed amendment to Article IV of the
Constitution or an advisory public question to be submitted to the
voters of the entire State, having objections to any certificate of nomination
or nomination papers or petitions filed, shall file an objector's petition
together with 2 copies thereof in the principal office or the permanent branch
office of the State Board of Elections, or in the office of the election
authority or local election official with whom the certificate of
nomination, nomination papers or petitions are on file. Objection petitions that do not include 2 copies thereof, shall not be accepted.
In the case of nomination papers or certificates of nomination,
the State Board of Elections, election authority or local election official
shall note the day and hour upon which such objector's
petition is filed, and shall, not later than 12:00
noon on the second business day after receipt of the
petition, transmit by registered mail or receipted
personal delivery the certificate of nomination or nomination papers and
the original objector's petition to the chair of the proper electoral
board designated in Section 10-9 hereof, or his authorized agent, and
shall transmit a copy by registered mail or receipted personal delivery
of the objector's petition, to the candidate whose certificate of nomination
or nomination papers are objected to, addressed to the place of residence
designated in said certificate of nomination or nomination papers. In the
case of objections to a petition for a proposed amendment to Article IV of
the Constitution or for an advisory public question to be submitted to the
voters of the entire State, the State Board of Elections shall note the day
and hour upon which such objector's petition is filed and shall transmit a
copy of the objector's petition by registered mail or receipted personal
delivery to the person designated on a certificate attached to the petition
as the principal proponent of such proposed amendment or public question,
or as the proponents' attorney, for the purpose of receiving notice of
objections. In the case of objections to a petition for a public question,
to be submitted to the voters of a political subdivision, or district
thereof, the election authority or local election official with whom such
petition is filed shall note the day and hour upon which such
objector's petition was filed, and shall, not later than 12:00 noon on the
second business day after receipt of the petition,
transmit by registered mail or receipted personal delivery
the petition for the public question and the original objector's petition
to the chair of the proper electoral board designated in Section 10-9
hereof, or his authorized agent, and shall transmit a copy by
registered mail or receipted personal delivery, of the objector's petition
to the person designated on a certificate attached to the petition as the
principal proponent of the public question, or as the proponent's attorney,
for the purposes of receiving notice of objections.
The objector's petition shall give the objector's name and residence
address, and shall state fully the nature of the objections to the
certificate of nomination or nomination papers or petitions in question,
and shall state the interest of the objector and shall state what relief
is requested of the electoral board.
The provisions of this Section and of Sections 10-9, 10-10 and
10-10.1 shall also apply to and govern objections to petitions for
nomination filed under Article 7 or Article 8, except as otherwise
provided in Section 7-13 for cases to which it is applicable, and also
apply to and govern petitions for the submission of public questions under
Article 28.
(Source: P.A. 102-15, eff. 6-17-21.)
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10 ILCS 5/10-9
(10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
Sec. 10-9. The following electoral boards are designated for the
purpose of hearing and passing upon the objector's petition described in
Section 10-8.
1. The State Board of Elections will hear and pass | | upon objections to the nominations of candidates for State offices, nominations of candidates for congressional or legislative offices that are in more than one county or are wholly located within a single county with a population of less than 3,000,000 and judicial offices of districts, subcircuits, or circuits situated in more than one county, nominations of candidates for the offices of State's attorney or regional superintendent of schools to be elected from more than one county, and petitions for proposed amendments to the Constitution of the State of Illinois as provided for in Section 3 of Article XIV of the Constitution.
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2. The county officers electoral board of a county
| | with a population of less than 3,000,000 to hear and pass upon objections to the nominations of candidates for county offices and judicial offices of a district, subcircuit, or circuit coterminous with or less than a county, for any school district offices, for the office of multi-township assessor where candidates for such office are nominated in accordance with this Code, and for all special district offices, shall be composed of the county clerk, or an assistant designated by the county clerk, the State's attorney of the county or an Assistant State's Attorney designated by the State's Attorney, and the clerk of the circuit court, or an assistant designated by the clerk of the circuit court, of the county, of whom the county clerk or his designee shall be the chair, except that in any county which has established a county board of election commissioners that board shall constitute the county officers electoral board ex-officio. If a school district is located in 2 or more counties, the county officers electoral board of the county in which the principal office of the school district is located shall hear and pass upon objections to nominations of candidates for school district office in that school district.
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2.5. The county officers electoral board of a
| | county with a population of 3,000,000 or more to hear and pass upon objections to the nominations of candidates for county offices, candidates for congressional offices and representatives in the General Assembly if the district is wholly within a county with a population of 3,000,000 or more, unless the district is wholly or partially within the jurisdiction of a municipal board of election commissioners, and judicial offices of a district, subcircuit, or circuit coterminous with or less than a county, for any school district offices, for the office of multi-township assessor where candidates for such office are nominated in accordance with this Code, for all special district offices, and for candidates for the Senate, shall be composed of the county clerk, or an assistant designated by the county clerk, the State's Attorney of the county or an Assistant State's Attorney designated by the State's Attorney, and the clerk of the circuit court, or an assistant designated by the clerk of the circuit court, of the county, of whom the county clerk or his designee shall be the chair, except that, in any county which has established a county board of election commissioners, that board shall constitute the county officers electoral board ex-officio. If a school district is located in 2 or more counties, the county officers electoral board of the county in which the principal office of the school district is located shall hear and pass upon objections to nominations of candidates for school district office in that school district.
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| 3. The municipal officers electoral board to hear and
| | pass upon objections to the nominations of candidates for officers of municipalities shall be composed of the mayor or president of the board of trustees of the city, village or incorporated town, and the city, village or incorporated town clerk, and one member of the city council or board of trustees, that member being designated who is eligible to serve on the electoral board and has served the greatest number of years as a member of the city council or board of trustees, of whom the mayor or president of the board of trustees shall be the chair.
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4. The township officers electoral board to pass upon
| | objections to the nominations of township officers shall be composed of the township supervisor, the town clerk, and that eligible town trustee elected in the township who has had the longest term of continuous service as town trustee, of whom the township supervisor shall be the chair.
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5. The education officers electoral board to hear and
| | pass upon objections to the nominations of candidates for offices in community college districts shall be composed of the presiding officer of the community college district board, who shall be the chair, the secretary of the community college district board and the eligible elected community college board member who has the longest term of continuous service as a board member.
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6. In all cases, however, where the Congressional,
| | Legislative, or Representative district is wholly or partially within the jurisdiction of a single municipal board of election commissioners in Cook County and in all cases where the school district or special district is wholly within the jurisdiction of a municipal board of election commissioners and in all cases where the municipality or township is wholly or partially within the jurisdiction of a municipal board of election commissioners, the board of election commissioners shall ex-officio constitute the electoral board.
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For special districts situated in more than one county, the county officers
electoral board of the county in which the principal office of the district
is located has jurisdiction to hear and pass upon objections. For purposes
of this Section, "special districts" means all political subdivisions other
than counties, municipalities, townships and school and community college
districts.
In the event that any member of the appropriate board is a candidate
for the office with relation to which the objector's petition is filed,
he shall not be eligible to serve on that board and shall not act as
a member of the board and his place shall be filled as follows:
a. In the county officers electoral board by the
| | county treasurer, and if he or she is ineligible to serve, by the sheriff of the county.
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b. In the municipal officers electoral board by the
| | eligible elected city council or board of trustees member who has served the second greatest number of years as a city council or board of trustees member.
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c. In the township officers electoral board by the
| | eligible elected town trustee who has had the second longest term of continuous service as a town trustee.
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d. In the education officers electoral board by the
| | eligible elected community college district board member who has had the second longest term of continuous service as a board member.
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In the event that the chair of the electoral board is ineligible
to act because of the fact that he or she is a candidate for the office with
relation to which the objector's petition is filed, then the substitute
chosen under the provisions of this Section shall be the chair; In
this case, the officer or board with whom the objector's petition is
filed, shall transmit the certificate of nomination or nomination papers
as the case may be, and the objector's petition to the substitute chair
of the electoral board.
When 2 or more eligible individuals, by reason of their terms of service
on a city council or board of trustees, township board of
trustees, or community college district board, qualify to serve
on an electoral board, the one to serve shall be chosen by lot.
Any vacancies on an electoral board not otherwise filled pursuant to this
Section shall be filled by public members appointed by the Chief Judge of
the Circuit Court for the county wherein the electoral board hearing is
being held upon notification to the Chief Judge of such
vacancies. The Chief Judge shall be so notified by a member of the electoral
board or the officer or board with whom the objector's petition was filed.
In the event that none of the individuals designated by this Section to
serve on the electoral board are eligible, the chair of an electoral
board shall be designated by the Chief Judge.
(Source: P.A. 103-467, eff. 8-4-23.)
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10 ILCS 5/10-10
(10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
Sec. 10-10. Within 24 hours after the receipt of the certificate of
nomination or nomination papers or proposed question of public
policy, as the case may be, and the objector's petition, the chair
of the electoral board other than the State Board of Elections shall
send a call by registered or certified mail: to each of the members of the
electoral board; to the objector who filed the objector's petition;
either to the candidate whose certificate of nomination or nomination
papers are objected to or to the principal proponent or attorney for
proponents of a question of public policy, as the case may be, whose
petitions are objected to; to the election authority to whom the ballot is certified; and to the appropriate county clerk. The chair
of the electoral board other than the State Board of Elections shall also cause the sheriff of the county
or counties in which such officers and persons reside to serve a copy of
such call upon each of such officers and persons, which call shall set out
the fact that the electoral board is required to meet to hear and pass upon
the objections to nominations made for the office, designating it, and
shall state the day, hour and place at which the electoral board shall meet
for the purpose, which place shall be in the
county court house in the county in the case of the County Officers
Electoral Board, the Municipal Officers Electoral Board, the Township
Officers Electoral Board or the Education Officers Electoral Board, except that the Municipal Officers Electoral Board, the Township Officers Electoral Board, and the Education Officers Electoral Board may meet at the location where the governing body of the municipality, township, or community college district, respectively, holds its regularly scheduled meetings, if that location is available; provided that voter records may be removed from the offices of an election authority only at the discretion and under the supervision of the election authority.
In
those cases where the State Board of Elections is the electoral board
designated under Section 10-9, the chair of the State Board of Elections
shall, within 24 hours after the receipt of the certificate of nomination
or nomination papers or petitions for a proposed amendment to Article IV of
the Constitution or proposed statewide question of public policy, send a
call by registered or certified mail to the objector who files the
objector's petition, and either to the candidate whose certificate of
nomination or nomination papers are objected to or to the principal
proponent or attorney for proponents of the proposed Constitutional
amendment or statewide question of public policy and shall state the day,
hour, and place at which the electoral board shall meet for the purpose,
which place may be in the Capitol Building or in the principal or permanent
branch office of the State Board. The day of the meeting shall not be less
than 3 nor more than 5 days after the receipt of the certificate of
nomination or nomination papers and the objector's petition by the chair
of the electoral board.
The electoral board shall have the power to administer oaths and to
subpoena and examine witnesses and, at the request of either party and only upon a vote by a majority of its members, may authorize the chair
to issue subpoenas requiring the attendance of witnesses and
subpoenas duces tecum requiring the production of such books, papers,
records and documents as may be evidence of any matter under inquiry
before the electoral board, in the same manner as witnesses are
subpoenaed in the Circuit Court.
Service of such subpoenas shall be made by any sheriff or other
person in the same manner as in cases in such court and the fees of such
sheriff shall be the same as is provided by law, and shall be paid by
the objector or candidate who causes the issuance of the subpoena. In
case any person so served shall knowingly neglect or refuse to obey any
such subpoena, or to testify, the electoral board shall at once file a
petition in the circuit court of the county in which such hearing is to
be heard, or has been attempted to be heard, setting forth the facts, of
such knowing refusal or neglect, and accompanying the petition with a
copy of the citation and the answer, if one has been filed, together
with a copy of the subpoena and the return of service thereon, and shall
apply for an order of court requiring such person to attend and testify,
and forthwith produce books and papers, before the electoral board. Any
circuit court of the state, excluding the judge who is sitting on the electoral
board, upon such showing shall order such person to appear and testify,
and to forthwith produce such books and papers, before the electoral board
at a place to be fixed by the court. If such person shall knowingly fail
or refuse to obey such order of the court without lawful excuse, the court
shall punish him or her by fine and imprisonment, as the nature of the case
may require and may be lawful in cases of contempt of court.
The electoral board on the first day of its meeting shall adopt rules
of procedure for the introduction of evidence and the presentation of
arguments and may, in its discretion, provide for the filing of briefs
by the parties to the objection or by other interested persons.
In the event of a State Electoral Board hearing on objections to a
petition for an amendment to Article IV of the Constitution
pursuant to Section 3 of Article XIV of the Constitution, or to a
petition for a question of public policy to be submitted to the
voters of the entire State, the certificates of the county clerks and boards
of election commissioners showing the results of the random sample of
signatures on the petition shall be prima facie valid and accurate, and
shall be presumed to establish the number of valid and invalid
signatures on the petition sheets reviewed in the random sample, as prescribed
in Section 28-11 and 28-12 of this Code. Either party, however, may introduce
evidence at such hearing to dispute the findings as to particular signatures.
In addition to the foregoing, in the absence of competent evidence presented
at such hearing by a party substantially challenging the results of a random
sample, or showing a different result obtained by an additional sample,
this certificate of a county clerk or board of election commissioners shall
be presumed to establish the ratio of valid to invalid signatures within
the particular election jurisdiction.
The electoral board shall take up the question as to whether or not
the certificate of nomination or nomination papers or petitions are in
proper form, and whether or not they were filed within the time and
under the conditions required by law, and whether or not they are the
genuine certificate of nomination or nomination papers or petitions
which they purport to be, and whether or not in the case of the
certificate of nomination in question it represents accurately the
decision of the caucus or convention issuing it, and in general shall
decide whether or not the certificate of nomination or nominating papers
or petitions on file are valid or whether the objections thereto should
be sustained and the decision of a majority of the electoral board shall
be final subject to judicial review as provided in Section 10-10.1. The
electoral board must state its findings in writing and must state in
writing which objections, if any, it has sustained. A copy of the decision shall be served upon the parties to the proceedings in open proceedings before the electoral board. If a party does not appear for receipt of the decision, the decision shall be deemed to have been served on the absent party on the date when a copy of the decision is personally delivered or on the date when a copy of the decision is deposited in the United States mail, in a sealed envelope or package, with postage prepaid, addressed to each party affected by the decision or to such party's attorney of record, if any, at the address on record for such person in the files of the electoral board.
Upon the expiration of the period within which a proceeding for
judicial review must be commenced under Section 10-10.1, the electoral
board shall, unless a proceeding for judicial review has been commenced
within such period, transmit, by registered or certified mail, a
certified copy of its ruling, together with the original certificate of
nomination or nomination papers or petitions and the original objector's
petition, to the officer or board with whom the certificate of
nomination or nomination papers or petitions, as objected to, were on
file and to the election authority to whom the ballot is certified and the appropriate county clerk, and such officer or board shall abide by and comply with the
ruling so made to all intents and purposes.
(Source: P.A. 103-467, eff. 8-4-23.)
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10 ILCS 5/10-10.1 (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1) Sec. 10-10.1. (a) Except as otherwise provided in this Section, a candidate or objector aggrieved by the decision of an electoral board may secure judicial review of such decision in the circuit court of the county in which the hearing of the electoral board was held. The party seeking judicial review must file, within 5 days after service of the decision of the electoral board as provided in Section 10-10, a petition with the clerk of the court that names as respondents the electoral board, its members, and the prevailing candidates or objectors in the initial proceeding before the board. The party seeking judicial review must serve a copy of the petition upon each of the respondents named in the petition for judicial review by registered or certified mail within 5 days after service of the decision of the electoral board as provided in Section 10-10. The petition shall contain a brief statement of the reasons why the decision of the board should be reversed. The petitioner shall file proof of service with the clerk of the court within 5 days after service of the decision of the electoral board as provided in Section 10-10. No answer to the petition need be filed, but the electoral board shall cause the record of proceedings before the electoral board to be filed with the clerk of the court on or before the date of the hearing on the petition or as ordered by the court. The court shall set the matter for hearing to be held within 30 days after the filing of the petition and shall make its decision promptly after such hearing. (b) An objector or proponent aggrieved by the decision of an electoral board regarding a petition filed pursuant to Section 18-120 of the Property Tax Code may secure a review of such decision by the State Board of Elections. The party seeking such review must file a petition therefor with the State Board of Elections within 10 days after the decision of the electoral board. Any such objector or proponent may apply for and obtain judicial review of a decision of the State Board of Elections entered under this amendatory Act of 1985, in accordance with the provisions of the Administrative Review Law, as amended. (Source: P.A. 103-600, eff. 7-1-24.) |
10 ILCS 5/10-10.5 (10 ILCS 5/10-10.5) Sec. 10-10.5. Removal of judicial officer's address information from the certificate of nomination or nomination papers. (a) Upon expiration of the period for filing an objection to a judicial candidate's certificate of nomination or nomination papers, a judicial officer who is a judicial candidate may file a written request with the State Board of Elections for redaction of the judicial officer's home address information from his or her certificate of nomination or nomination papers. After receipt of the judicial officer's written request, the State Board of Elections shall redact or cause redaction of the judicial officer's home address from his or her certificate of nomination or nomination papers within 5 business days. (b) Prior to expiration of the period for filing an objection to a judicial candidate's certificate of nomination or nomination papers, the home address information from the certificate of nomination or nomination papers of a judicial officer who is a judicial candidate is available for public inspection. After redaction of a judicial officer's home address information under paragraph (a) of this Section, the home address information is only available for an in camera inspection by the court reviewing an objection to the judicial officer's certificate of nomination or nomination papers. (c) For the purposes of this Section, "home address" has the meaning as defined in Section 1-10 of the Judicial Privacy Act.
(Source: P.A. 97-847, eff. 9-22-12; 98-463, eff. 8-16-13.) |
10 ILCS 5/10-11
(10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
Sec. 10-11.
Any vacancy in the nomination of a new political party
candidate occurring prior to
the date of certification of candidates for the ballot
by the certifying board or officer must be filled prior to the date of certification.
The resolution to fill such
vacancy shall be sent by U.S. mail or personal delivery to the certifying
officer or board within 3 days of the action by which the vacancy was filled;
provided, if such resolution
is sent by mail and the U.S. postmark on the envelope containing such resolution
is dated prior to the expiration of such 3 day limit, the notice or resolution
shall be deemed filed within such 3 day limit. Failure
to so transmit the notice or resolution within the time
specified in this Section shall authorize the certifying officer
or board to certify the original candidate. Vacancies shall be filled
by the new political party officers.
Any vacancy in nomination occurring after certification but prior to 15
days before a regular election shall be filled by the new political
party officers within
8 days after the event creating the vacancy in the manner heretofore prescribed.
The resolution to fill a vacancy in nomination shall be duly
acknowledged before an officer qualified to take acknowledgements of deeds
and shall include, upon its face, the following information:
(a) the name of the original nominee and the office vacated;
(b) the date on which the vacancy occurred;
(c) the name and address of the nominee selected to fill the vacancy and
the date of selection.
The resolution to fill a vacancy in nomination shall be accompanied by a
Statement of Candidacy, as prescribed in Section 10-5, completed by the
selected nominee and a receipt indicating that such nominee has filed a
statement of economic interests as required by the Illinois Governmental Ethics Act.
The provisions of Sections 10-8 through 10-10.1 relating to objections to
certificates of nomination and nomination papers, hearings on objections,
and judicial review, shall apply to and govern objections to resolutions
for filling a vacancy in nomination.
Any vacancy in nomination occurring 15 days or less before a regular election
shall not be filled. In this event the certification of the original candidate
shall stand and his name shall appear on the official ballot to be voted
at the election.
A vacancy in nomination occurs when a candidate who has been nominated
under the provisions of Section 10-2 dies before the election, or declines
the nomination; provided that nomination may become vacant for other reasons.
However, the provisions of this Section shall not apply to any vacancy
in nomination for a municipal office for which the Municipal Code, as now
or hereafter amended, provides a different method for filling such vacancy,
and the applicable provision of the Municipal Code shall govern in such cases.
Any vacancy in a nomination by caucus of an established political party
for a township or municipal office shall be filled in accordance with Section
7-61 of this Code.
For purposes of this Section, the words "certify" and "certification"
shall refer to the act of officially declaring the names of candidates
entitled to be printed upon the official ballot at an election and
directing election authorities to place the names of such candidates upon
the official ballot. "Certifying officers or board" shall refer to the
local election official, election authority or the State Board of
Elections, as the case may be, with whom nomination papers, certificates of
nomination papers and resolutions to fill vacancies in nomination are filed
and whose duty it is to "certify" candidates.
(Source: P.A. 84-757.)
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10 ILCS 5/10-11.1
(10 ILCS 5/10-11.1) (from Ch. 46, par. 10-11.1)
Sec. 10-11.1.
Whenever a vacancy in the office of State Senator is to
be filled by election pursuant to Article IV, Section 2(d) of the
Constitution and Section 25-6 of this Code, nominations shall be made
pursuant to this Section:
(1) If the vacancy in office occurs before the first | | date provided in Section 10-3 for filing nomination papers for the general election in the next even-numbered year following the commencement of the term, the nomination of independent candidates for such office shall be made as otherwise provided in this Article.
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(2) If the vacancy occurs in office after the first
| | day for filing nomination papers for independent candidates as provided in Section 10-3 but before the first day provided in Section 10-6 for filing nomination papers for the general election in the next even-numbered year following the commencement of the term, independent candidates for such office shall file their nomination papers during the filing period set forth in Section 10-6 for new political party candidates.
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(3) If a vacancy in office occurs prior to the first
| | day provided in Section 10-6 for filing nomination papers for new political party candidates for the next ensuing general election, new political party candidates for such office shall file their nomination papers during the filing period as set forth in Section 10-6 as otherwise provided in this Article.
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(4) If the vacancy in office occurs during the time
| | provided in Section 10-6 for filing nomination papers for new political party candidates for the next ensuing general election, the time for independent and new political party candidates to file nomination papers for such office shall be not more than 92 days nor less than 85 days prior to the date of the general election.
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(5) If the vacancy in office occurs after the last
| | day provided in Section 10-6 for filing nomination papers for new political party candidates, independent and new political party candidates shall be nominated as provided by rules and regulations of the State Board of Elections.
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The provisions of Sections 10-8 and 10-10.1 relating to objections to
nomination papers, hearings on objections and judicial review, shall also
apply to and govern objections to nomination papers filed pursuant to this
Section.
Unless otherwise specified herein, the nomination and election provided for
in this Section shall be governed by this Code.
(Source: P.A. 96-1008, eff. 7-6-10.)
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10 ILCS 5/10-11.2
(10 ILCS 5/10-11.2) (from Ch. 46, par. 10-11.2)
Sec. 10-11.2.
Whenever a vacancy in any elective county office is to be
filled by election pursuant to Section 25-11 of this Code, nominations
shall be made and any vacancy in nomination shall be filled pursuant to this
Section:
(1) If the vacancy in office occurs before the first | | date provided in Section 10-3 for filing nomination papers for the general election in the next even-numbered year following the commencement of the term, the nomination of independent candidates for such office shall be made as otherwise provided in this Article.
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(2) If the vacancy in office occurs after the first
| | day for filing nomination papers for independent candidates as provided in Section 10-3 but before the first day provided in Section 10-6 for filing nomination papers for new political party candidates for the general election in the next even-numbered year following the commencement of the term, independent candidates for such office shall file their nomination papers during the filing period set forth in Section 10-6 for new political party candidates.
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(3) If the vacancy in office occurs prior to the
| | first date provided in Section 10-6 for filing nomination papers for new political party candidates for the next ensuing general election, new political party candidates for such office shall file their nomination papers during the filing period as set forth in Section 10-6 for new political party candidates.
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(4) If the vacancy in office occurs during the time
| | provided in Section 10-6 for filing nomination papers for new political party candidates for the next ensuing general election the time for independent and new political party candidates to file nomination papers for such office shall be not more than 92 days nor less than 85 days prior to the date of the general election.
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The provisions of Sections 10-8 through 10-10.1 relating to objections to
nomination papers, hearings on objections and judicial review, shall also
apply to and govern objections to nomination papers filed pursuant to this Section.
Unless otherwise specified herein, the nomination and election provided
for in this Section shall be governed by this Code.
(Source: P.A. 96-1008, eff. 7-6-10.)
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10 ILCS 5/10-14
(10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
Sec. 10-14. Except as otherwise provided in this Code, not less than 74 days before the date of the general election
the State Board of Elections shall certify to the county clerk of each
county the name of each candidate whose nomination papers,
certificate of nomination, or resolution to fill a vacancy in nomination
has been filed with
the State Board of Elections and direct the county clerk to place upon
the official ballot for the general election the names of such candidates
in the same manner and in the same order as shown upon the certification. The name of no
candidate for an office to
be filled by the electors of the entire state shall be placed upon the
official ballot unless his name is duly certified to the county clerk
upon a certificate signed by the members of the State Board of
Elections. The names of group candidates on petitions shall be certified
to the several county clerks in the order
in which such names appear on such petitions filed with
the State Board of Elections.
Except as otherwise provided in this Code, not less than 68 days before the date of the general election, each
county clerk shall certify the names of each of the candidates for county
offices whose nomination papers, certificates of nomination, or resolutions
to fill a vacancy in nomination have been filed with such clerk and declare
that the names of such candidates for the respective offices shall be
placed upon the official ballot for the general election in the same manner
and in the same order as shown upon the certification. Each county clerk
shall place a copy of the certification on file in his or her office and at
the same time issue to the State Board of Elections a copy of such
certification. In addition, each county clerk in whose county there is a
board of election commissioners
shall, not
less than 69 days before the election, certify to the board of election
commissioners the name of the person or persons nominated for such
office as shown by the certificate of the State Board of Elections,
together with the names of all other candidates as shown
by the certification of county officers on file in the clerk's office, and
in the order so certified. The county clerk or board of election commissioners
shall print
the names of the nominees on the ballot for each office in the order in
which they are certified to or filed with the county clerk; provided,
that in printing the name of nominees for any office, if any of such
nominees have also been nominated by one or more political parties
pursuant to this Code, the location of the name of such candidate on the
ballot for nominations made under this Article shall be precisely in the
same order in which it appears on the certification of the State Board
of Elections to the county clerk.
For the general election,
the candidates of new political parties shall be placed on the ballot for
said election after the established political party candidates
and in the order of new political party petition filings.
Each certification shall indicate, where applicable, the following:
(1) The political party affiliation, if any, of the | | candidates for the respective offices;
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(2) If there is to be more than one candidate elected
| | to an office from the State, political subdivision, or district;
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(3) If the voter has the right to vote for more than
| | one candidate for an office;
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(4) The term of office, if a vacancy is to be filled
| | for less than a full term or if the offices to be filled in a political subdivision are for different terms.
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The State Board of Elections or the county clerk, as the case may be,
shall issue an amended certification whenever it is discovered that the
original certification is in error.
(Source: P.A. 102-15, eff. 6-17-21; 103-154, eff. 6-30-23.)
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10 ILCS 5/10-15
(10 ILCS 5/10-15) (from Ch. 46, par. 10-15)
Sec. 10-15. Not less than 68 days before the date of the consolidated and
nonpartisan elections, each local election official with whom
certificates of nomination or nominating petitions have been filed shall
certify to each election authority having jurisdiction over any of the
territory of his political subdivision the names of all candidates
entitled to be printed on the ballot for offices of that political
subdivision to be voted upon at such election and direct the election
authority to place upon the official ballot for such election the names of
such candidates in the same manner and in the same order as shown upon the
certification.
The local election officials shall certify such candidates for each
office in the order in which such candidates' certificates of nomination
or nominating petitions were filed in his office. However, subject to appeal,
the names of candidates whose petitions have been held invalid by the appropriate
electoral board provided in Section 10-9 of this Act shall not be so certified. The
certification shall be modified as necessary to comply with the
requirements of any other statute or any ordinance adopted pursuant to
Article VII of the Constitution prescribing specific provisions for
nonpartisan elections, including without limitation Articles 4 and 5 of
"The Municipal Code" or Article 9 of The School Code.
In every instance where applicable, the following shall also be indicated
in the certification:
(1) The political party affiliation, if any, of the | | candidates for the respective offices;
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(2) Where there is to be more than one candidate
| | elected to an office from a political subdivision or district;
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(3) Where a voter has the right to vote for more than
| | one candidate for an office;
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(4) The terms of the office to be on the ballot, when
| | a vacancy is to be filled for less than a full term, or when offices of a particular subdivision to be on the ballot at the same election are to be filled for different terms;
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(5) The territory in which a candidate is required by
| | law to reside, when such residency requirement is not identical to the territory of the political subdivision from which the candidate is to be elected or nominated;
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(6) Where a candidate's nominating papers or
| | petitions have been objected to and the objection has been sustained by the electoral board established in Section 10-10, the words "OBJECTION SUSTAINED" shall be placed under the title of the office being sought by the candidate and the name of the aggrieved candidate shall not appear; and
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| | petitions have been objected to and the decision of the electoral board established in Section 10-10 is either unknown or known to be in judicial review, the words "OBJECTION PENDING" shall be placed under the title of the office being sought by the candidate and next to the name of the candidate.
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of certain municipalities having annual elections, the candidates of new
political parties shall be placed on the ballot for such elections after
the established political party candidates and in the order of new political
party petition filings.
The local election official shall issue an amended certification
whenever it is discovered that the original certification is in error.
(Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
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