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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4663 Introduced , by Rep. Avery Bourne SYNOPSIS AS INTRODUCED:
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| 10 ILCS 5/7-10.2 | from Ch. 46, par. 7-10.2 | 10 ILCS 5/7-17 | from Ch. 46, par. 7-17 |
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Amends the Election Code. Provides that nothing in provisions concerning the designation of a candidate's name on a nomination petition or ballot shall require a candidate to use his or her spouse's surname after marriage, or to return to his or her previous legal surname following a dissolution of marriage.
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| | A BILL FOR |
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| | HB4663 | | LRB100 18905 MJP 34149 b |
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| 1 | | AN ACT concerning elections.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Election Code is amended by changing |
| 5 | | Sections 7-10.2 and 7-17 as follows:
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| 6 | | (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
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| 7 | | Sec. 7-10.2. In the designation of the name of a candidate |
| 8 | | on a petition for
nomination or certificate of nomination the |
| 9 | | candidate's given name or
names, initial or initials, a |
| 10 | | nickname by which the candidate is
commonly known, or a |
| 11 | | combination thereof, may be used in addition to the
candidate's |
| 12 | | surname. If a candidate has changed his or her name, whether by |
| 13 | | a statutory or common law procedure in Illinois or any other |
| 14 | | jurisdiction, within 3 years before the last day for filing the |
| 15 | | petition or certificate for that office, whichever is |
| 16 | | applicable, then (i) the candidate's name on the petition or |
| 17 | | certificate must be followed by "formerly known as (list all |
| 18 | | prior names during the 3-year period) until name changed on |
| 19 | | (list date of each such name change)" and (ii) the petition or |
| 20 | | certificate must be accompanied by the candidate's affidavit |
| 21 | | stating the candidate's previous names during the period |
| 22 | | specified in (i) and the date or dates each of those names was |
| 23 | | changed; failure to meet these requirements shall be grounds |
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| | HB4663 | - 2 - | LRB100 18905 MJP 34149 b |
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| 1 | | for denying certification of the candidate's name for the |
| 2 | | ballot or removing the candidate's name from the ballot, as |
| 3 | | appropriate, but these requirements do not apply to name |
| 4 | | changes resulting from adoption to assume an adoptive parent's |
| 5 | | or parents' surname, marriage to assume a spouse's surname, or |
| 6 | | dissolution of marriage or declaration of invalidity of |
| 7 | | marriage to assume a former surname. Nothing in this Section |
| 8 | | shall require a candidate to use his or her spouse's surname |
| 9 | | after marriage, or to return to his or her previous legal |
| 10 | | surname following a dissolution of marriage. No other |
| 11 | | designation such as a political slogan, as
defined by Section |
| 12 | | 7-17, title or degree, or
nickname suggesting or implying |
| 13 | | possession of a title, degree or professional
status, or |
| 14 | | similar information may be used in connection with the |
| 15 | | candidate's
surname.
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| 16 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
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| 17 | | (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
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| 18 | | Sec. 7-17. Candidate ballot name procedures.
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| 19 | | (a) Each election authority in each county shall cause to |
| 20 | | be
printed upon the general primary ballot of each party for |
| 21 | | each precinct
in his jurisdiction the name of each candidate |
| 22 | | whose petition for
nomination or for committeeman has been |
| 23 | | filed in the office of the
county clerk, as herein provided; |
| 24 | | and also the name of each candidate
whose name has been |
| 25 | | certified to his office by the State Board of
Elections, and in |
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| | HB4663 | - 3 - | LRB100 18905 MJP 34149 b |
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| 1 | | the order so certified, except as hereinafter
provided.
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| 2 | | It shall be the duty of the election authority to cause to |
| 3 | | be printed
upon the consolidated primary ballot of each |
| 4 | | political party for each
precinct in his jurisdiction the name |
| 5 | | of each candidate whose name has
been certified to him, as |
| 6 | | herein provided and which is to be voted for
in such precinct.
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| 7 | | (b) In the designation of the name of a candidate on the |
| 8 | | primary ballot
the candidate's given name or names, initial or |
| 9 | | initials, a nickname by
which the candidate is commonly known, |
| 10 | | or a combination thereof, may be
used in addition to the |
| 11 | | candidate's surname. If a candidate has changed his or her |
| 12 | | name, whether by a statutory or common law procedure in |
| 13 | | Illinois or any other jurisdiction, within 3 years before the |
| 14 | | last day for filing the petition for nomination, nomination |
| 15 | | papers, or certificate of nomination for that office, whichever |
| 16 | | is applicable, then (i) the candidate's name on the primary |
| 17 | | ballot must be followed by "formerly known as (list all prior |
| 18 | | names during the 3-year period) until name changed on (list |
| 19 | | date of each such name change)" and (ii) the petition, papers, |
| 20 | | or certificate must be accompanied by the candidate's affidavit |
| 21 | | stating the candidate's previous names during the period |
| 22 | | specified in (i) and the date or dates each of those names was |
| 23 | | changed; failure to meet these requirements shall be grounds |
| 24 | | for denying certification of the candidate's name for the |
| 25 | | ballot or removing the candidate's name from the ballot, as |
| 26 | | appropriate, but these requirements do not apply to name |
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| | HB4663 | - 4 - | LRB100 18905 MJP 34149 b |
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| 1 | | changes resulting from adoption to assume an adoptive parent's |
| 2 | | or parents' surname, marriage to assume a spouse's surname, or |
| 3 | | dissolution of marriage or declaration of invalidity of |
| 4 | | marriage to assume a former surname. Nothing in this Section |
| 5 | | shall require a candidate to use his or her spouse's surname |
| 6 | | after marriage, or to return to his or her previous legal |
| 7 | | surname following a dissolution of marriage. No other |
| 8 | | designation such
as a political slogan, title, or degree, or |
| 9 | | nickname suggesting or
implying possession of
a title, degree |
| 10 | | or professional status, or similar information may be
used in |
| 11 | | connection
with the candidate's surname.
For purposes of this |
| 12 | | Section, a "political slogan" is defined as any
word
or words |
| 13 | | expressing or connoting a position, opinion, or belief that the
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| 14 | | candidate may espouse, including but not limited to, any word |
| 15 | | or words
conveying any meaning other than that of the personal |
| 16 | | identity of the
candidate. A
candidate may not use a political |
| 17 | | slogan as part of his or her name on the
ballot, |
| 18 | | notwithstanding that the political slogan may be part of the
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| 19 | | candidate's name.
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| 20 | | (c) The State Board of Elections, a local election |
| 21 | | official, or an election
authority shall remove any candidate's |
| 22 | | name designation from a ballot that is
inconsistent with |
| 23 | | subsection (b) of this Section. In addition, the State Board
of |
| 24 | | Elections, a local election official, or an election authority |
| 25 | | shall not
certify to any election authority any candidate name |
| 26 | | designation that is
inconsistent with subsection (b) of this |
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| 1 | | Section.
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| 2 | | (d) If the State Board of Elections, a local election |
| 3 | | official, or an
election authority removes a candidate's name |
| 4 | | designation from a ballot
under subsection (c) of this Section, |
| 5 | | then the aggrieved candidate may
seek appropriate relief in |
| 6 | | circuit court.
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| 7 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
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