101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1830

 

Introduced 2/15/2019, by Sen. Ram Villivalam

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-2  from Ch. 46, par. 7-2
10 ILCS 5/7-4  from Ch. 46, par. 7-4
10 ILCS 5/7-101 new

    Amends the Election Code. Allows an established political party to initiate a recall of one of its nominees if that nominee is (1) found to be a member of or associated with a group, directly or indirectly, with Communist, Fascist, Nazi, or other un-American principles; (2) engaged 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 or the State of Illinois; (3) arrested and charged with murder or another felony; or (4) engaged in hate speech. Provides the process to recall a candidate under the provisions. Effective immediately.


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A BILL FOR

 

SB1830LRB101 08257 SMS 53323 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 7-2 and 7-4 and by adding Section 7-101 as follows:
 
6    (10 ILCS 5/7-2)  (from Ch. 46, par. 7-2)
7    Sec. 7-2.
8    (a) A political party, which at the general election for
9State and county officers then next preceding a primary, polled
10more than 5 per cent of the entire vote cast in the State, is
11hereby declared to be a political party within the State, and
12shall nominate all candidates provided for in this Article 7
13under the provisions hereof, and shall elect precinct,
14township, ward, and State central committeepersons as herein
15provided.
16    A political party, which at the general election for State
17and county officers then next preceding a primary, cast more
18than 5 per cent of the entire vote cast within any
19congressional district, is hereby declared to be a political
20party within the meaning of this Article, within such
21congressional district, and shall nominate its candidate for
22Representative in Congress, under the provisions hereof. A
23political party, which at the general election for State and

 

 

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1county officers then next preceding a primary, cast more than 5
2per cent of the entire vote cast in any county, is hereby
3declared to be a political party within the meaning of this
4Article, within said county, and shall nominate all county
5officers in said county under the provisions hereof, and shall
6elect precinct, township, and ward committeepersons, as herein
7provided. ;
8    A political party, which at the municipal election for
9city, village, or incorporated town officers then next
10preceding a primary, cast more than 5 per cent of the entire
11vote cast in any city, or village, or incorporated town is
12hereby declared to be a political party within the meaning of
13this Article, within said city, village, or incorporated town,
14and shall nominate all city, village, or incorporated town
15officers in said city, or village, or incorporated town under
16the provisions hereof to the extent and in the cases provided
17in Section 7-1.
18    A political party, which at the municipal election for town
19officers then next preceding a primary, cast more than 5 per
20cent of the entire vote cast in said town, is hereby declared
21to be a political party within the meaning of this Article,
22within said town, and shall nominate all town officers in said
23town under the provisions hereof to the extent and in the cases
24provided in Section 7-1.
25    A political party, which at the municipal election in any
26other municipality or political subdivision, (except townships

 

 

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1and school districts), for municipal or other officers therein
2then next preceding a primary, cast more than 5 per cent of the
3entire vote cast in such municipality or political subdivision,
4is hereby declared to be a political party within the meaning
5of this Article, within said municipality or political
6subdivision, and shall nominate all municipal or other officers
7therein under the provisions hereof to the extent and in the
8cases provided in Section 7-1.
9    Provided, that no political organization or group shall be
10qualified as a political party hereunder, or given a place on a
11ballot, which organization or group is associated, directly or
12indirectly, with Communist, Fascist, Nazi, or other
13un-American principles and engages in activities or propaganda
14designed to teach subservience to the political principles and
15ideals of foreign nations or the overthrow by violence of the
16established constitutional form of government of the United
17States and the State of Illinois.
18    (b) A political party that nominates candidates or officers
19under subsection (a) may initiate a recall of one of it
20nominees under Section 7-101 if that candidate or officer is:
21        (1) found to be a member of or associated with a group,
22    directly or indirectly, with Communist, Fascist, Nazi, or
23    other un-American principles;
24        (2) engaged in activities or propaganda designed to
25    teach subservience to the political principles and ideals
26    of foreign nations or the overthrow by violence of the

 

 

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1    established constitutional form of government of the
2    United States or the State of Illinois;
3        (3) arrested and charged with murder or another felony;
4    or
5        (4) engaged in hate speech.
6(Source: P.A. 100-1027, eff. 1-1-19; revised 9-18-18.)
 
7    (10 ILCS 5/7-4)  (from Ch. 46, par. 7-4)
8    Sec. 7-4. The following words and phrases in this Article 7
9shall, unless the same be inconsistent with the context, be
10construed as follows:
11    1. The word "primary" the primary elections provided for in
12this Article, which are the general primary, the consolidated
13primary, and for those municipalities which have annual
14partisan elections for any officer, the municipal primary held
156 weeks prior to the general primary election date in even
16numbered years.
17    2. The definition of terms in Section 1-3 of this Act shall
18apply to this Article.
19    3. The word "precinct" a voting district heretofore or
20hereafter established by law within which all qualified
21electors vote at one polling place.
22    4. The words "state office" or "state officer", an office
23to be filled, or an officer to be voted for, by qualified
24electors of the entire state, including United States Senator
25and Congressman at large.

 

 

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1    5. The words "congressional office" or "congressional
2officer", representatives in Congress.
3    6. The words "county office" or "county officer," include
4an office to be filled or an officer to be voted for, by the
5qualified electors of the entire county. "County office" or
6"county officer" also include the assessor and board of appeals
7and county commissioners and president of county board of Cook
8County, and county board members and the chair of the county
9board in counties subject to "An Act relating to the
10composition and election of county boards in certain counties",
11enacted by the 76th General Assembly.
12    7. The words "city office" and "village office," and
13"incorporated town office" or "city officer" and "village
14officer", and "incorporated town officer" an office to be
15filled or an officer to be voted for by the qualified electors
16of the entire municipality, including aldermen.
17    8. The words "town office" or "town officer", an office to
18be filled or an officer to be voted for by the qualified
19electors of an entire town.
20    9. The words "town" and "incorporated town" shall
21respectively be defined as in Section 1-3 of this Act.
22    10. The words "delegates and alternate delegates to
23National nominating conventions" include all delegates and
24alternate delegates to National nominating conventions whether
25they be elected from the state at large or from congressional
26districts or selected by State convention unless contrary and

 

 

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1non-inclusive language specifically limits the term to one
2class.
3    11. "Judicial office" means a post held by a judge of the
4Supreme, Appellate or Circuit Court.
5    12. "Hate speech" means speech directed at a person because
6of his or her actual or perceived race, color, creed, religion,
7ancestry, gender, sexual orientation, physical or mental
8disability, or national origin that exposes that person to
9hatred, contempt, or ridicule or causes that person to fear for
10his or her safety.
11(Source: P.A. 100-1027, eff. 1-1-19.)
 
12    (10 ILCS 5/7-101 new)
13    Sec. 7-101. Recall of a political party nominee.
14    (a) If a political party nominee is a member of or
15associated with a group, directly or indirectly, with
16Communist, Fascist, Nazi, or other un-American principles,
17engaged in activities or propaganda designed to teach
18subservience to the political principles and ideals of foreign
19nations or the overthrow by violence of the established
20constitutional form of government of the United States and the
21State of Illinois, arrested and charged with murder or another
22felony, or engaged in hate speech, then the voters of the
23political party may initiate a recall of the nomination.
24    (b) To recall a nominee of a political party, petitions for
25recall must be collected and submitted to the State Board of

 

 

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1Elections. The petitions for recall must state the name of the
2nominee being recalled, the office and district number the
3nominee is seeking, and the reason or reasons why the recall is
4being initiated. The petitions for recall must contain
5signatures from at least the same number of signatures needed
6to qualify for the ballot for that office, and those signing
7must be primary party voters who voted in the most recent
8primary election that resulted in the nomination of the
9candidate being recalled. The petition for recall sheets must
10contain the same circulator and notary requirements as the
11petitions for nomination require under Section 7. The State
12Board of Elections shall make a determination as to whether the
13petitions for recall meet the minimum requirements. If the
14State Board of Elections determines that the petitions for
15recall do meet the minimum requirements, then the political
16party committee for the district in question shall meet and
17hold a vote to decide whether to remove that nominee from the
18ballot. If a majority of the committee votes to remove, then
19the committee shall file a withdrawal with the proper election
20authority and may then appoint a replacement as if a vacancy
21existed.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.