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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 7-12, 8-9, and 10-6.2 as follows:
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6 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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7 | Sec. 7-12. All petitions for nomination shall be filed by | |||||||||||||||||||||||
8 | mail or
in person as follows:
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9 | (1) Where the nomination is to be made for a State, | |||||||||||||||||||||||
10 | congressional, or
judicial office, or for any office a | |||||||||||||||||||||||
11 | nomination for which is made for a
territorial division or | |||||||||||||||||||||||
12 | district which comprises more than one county or
is partly in | |||||||||||||||||||||||
13 | one county and partly in another county or counties, then,
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14 | except as otherwise provided in this Section, such petition for | |||||||||||||||||||||||
15 | nomination
shall be filed in the principal office of the State | |||||||||||||||||||||||
16 | Board of Elections not
more than 99 and not less than 92 days | |||||||||||||||||||||||
17 | prior to the date of the primary,
but, in the case of petitions | |||||||||||||||||||||||
18 | for nomination to fill a vacancy by special
election in the | |||||||||||||||||||||||
19 | office of representative in Congress from this State, such
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20 | petition for nomination shall be filed in the principal office | |||||||||||||||||||||||
21 | of the State
Board of Elections not more than 57 days and not | |||||||||||||||||||||||
22 | less than 50 days prior to
the date of the primary.
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23 | Where a vacancy occurs in the office of Supreme, Appellate |
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| |||||||
1 | or Circuit
Court Judge within the 3-week period preceding the | ||||||
2 | 92nd day before a
general primary election, petitions for | ||||||
3 | nomination for the office in which
the vacancy has occurred | ||||||
4 | shall be filed in the principal office of the
State Board of | ||||||
5 | Elections not more than 78 nor less than 71 days prior to
the | ||||||
6 | date of the general primary election.
| ||||||
7 | Where the nomination is to be made for delegates or | ||||||
8 | alternate
delegates to a national nominating convention, then | ||||||
9 | such petition for
nomination shall be filed in the principal | ||||||
10 | office of the State Board of
Elections not more than 99 and not | ||||||
11 | less than 92 days prior to the date of
the primary; provided, | ||||||
12 | however, that if the rules or policies of a national
political | ||||||
13 | party conflict with such requirements for filing petitions for
| ||||||
14 | nomination for delegates or alternate delegates to a national | ||||||
15 | nominating
convention, the chairman of the State central | ||||||
16 | committee of such national
political party shall notify the | ||||||
17 | Board in writing, citing by reference the
rules or policies of | ||||||
18 | the national political party in conflict, and in such
case the | ||||||
19 | Board shall direct such petitions to be filed not more than 69 | ||||||
20 | and
not less than 62 days prior to the date of the primary.
| ||||||
21 | (2) Where the nomination is to be made for a county office | ||||||
22 | or trustee
of a sanitary district then such petition shall be | ||||||
23 | filed in the office
of the county clerk not more than 99 nor | ||||||
24 | less than 92 days prior to the
date of the primary.
| ||||||
25 | (3) Where the nomination is to be made for a municipal or | ||||||
26 | township
office, such petitions for nomination shall be filed |
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1 | in the office of
the local election official, not more than 78 | ||||||
2 | nor less than 71 days
prior to the date of the primary; | ||||||
3 | provided, where a municipality's or
township's boundaries are | ||||||
4 | coextensive with or are entirely within the
jurisdiction of a | ||||||
5 | municipal board of election commissioners, the petitions
shall | ||||||
6 | be filed in the office of such board; and provided, that | ||||||
7 | petitions
for the office of multi-township assessor shall be | ||||||
8 | filed with the election
authority.
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9 | (4) The petitions of candidates for State central | ||||||
10 | committeeman shall
be filed in the principal office of the | ||||||
11 | State Board of Elections not
more than 99 nor less than 92 days | ||||||
12 | prior to the date of the primary.
| ||||||
13 | (5) Petitions of candidates for precinct, township or ward
| ||||||
14 | committeemen shall be filed in the office of the county clerk | ||||||
15 | not more
than 99 nor less than 92 days prior to the date of the | ||||||
16 | primary.
| ||||||
17 | (6) The State Board of Elections and the various election | ||||||
18 | authorities
and local election officials with whom such | ||||||
19 | petitions for nominations
are filed shall specify the place | ||||||
20 | where filings shall be made and upon
receipt shall endorse | ||||||
21 | thereon the day and hour on which each petition
was filed. All | ||||||
22 | petitions filed by persons waiting in line as of 8:00
a.m. on | ||||||
23 | the first day for filing, or as of the normal opening hour of
| ||||||
24 | the office involved on such day, shall be deemed filed as of | ||||||
25 | 8:00 a.m.
or the normal opening hour, as the case may be. On | ||||||
26 | the first day for filing petitions, the State Board of |
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| |||||||
1 | Elections and its employees, an election authority and its | ||||||
2 | employees, and a local election official and his or her | ||||||
3 | employees shall not file petitions with the State Board, that | ||||||
4 | election authority, or that local election official, | ||||||
5 | respectively, on behalf of a person (other than on behalf of | ||||||
6 | himself or herself, in the case of a county clerk or local | ||||||
7 | election official). Petitions filed by mail
and received after | ||||||
8 | midnight of the first day for filing and in the first
mail | ||||||
9 | delivery or pickup of that day shall be deemed as filed as of | ||||||
10 | 8:00
a.m. of that day or as of the normal opening hour of such | ||||||
11 | day, as the
case may be. All petitions received thereafter | ||||||
12 | shall be deemed as filed
in the order of actual receipt. Where | ||||||
13 | 2 or more petitions are received
simultaneously, the State | ||||||
14 | Board of Elections or the various election
authorities or local | ||||||
15 | election officials with whom such petitions are
filed shall | ||||||
16 | break ties and determine the order of filing, by means of a
| ||||||
17 | lottery or other fair and impartial method of random selection | ||||||
18 | approved
by the State Board of Elections. Such lottery shall be | ||||||
19 | conducted within
9 days following the last day for petition | ||||||
20 | filing and shall be open to the
public. Seven days written | ||||||
21 | notice of the time and place of conducting such
random | ||||||
22 | selection shall be given by the State Board of Elections to the
| ||||||
23 | chairman of the State central committee of each established | ||||||
24 | political
party, and by each election authority or local | ||||||
25 | election official, to the
County Chairman of each established | ||||||
26 | political party, and to each
organization of citizens within |
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| |||||||
1 | the election jurisdiction which was
entitled, under this | ||||||
2 | Article, at the next preceding election, to have
pollwatchers | ||||||
3 | present on the day of election. The State Board of Elections,
| ||||||
4 | election authority or local election official shall post in a | ||||||
5 | conspicuous,
open and public place, at the entrance of the | ||||||
6 | office, notice of the time
and place of such lottery. The State | ||||||
7 | Board of Elections shall adopt rules
and regulations governing | ||||||
8 | the procedures for the conduct of such lottery.
All candidates | ||||||
9 | shall be certified in the order in which their petitions
have | ||||||
10 | been filed. Where candidates have filed simultaneously, they | ||||||
11 | shall be
certified in the order determined by lot and prior to | ||||||
12 | candidates who filed
for the same office at a later time.
| ||||||
13 | (7) The State Board of Elections or the appropriate | ||||||
14 | election
authority or local election official with whom such a | ||||||
15 | petition for
nomination is filed shall notify the person for | ||||||
16 | whom a petition for
nomination has been filed of the obligation | ||||||
17 | to file statements of
organization, reports of campaign | ||||||
18 | contributions, and annual reports of
campaign contributions | ||||||
19 | and expenditures under Article 9 of this Act.
Such notice shall | ||||||
20 | be given in the manner prescribed by paragraph (7) of
Section | ||||||
21 | 9-16 of this Code.
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22 | (8) Nomination papers filed under this Section are not | ||||||
23 | valid if the
candidate named therein fails to file a statement | ||||||
24 | of economic interests
as required by the Illinois Governmental | ||||||
25 | Ethics Act in relation to his
candidacy with the appropriate | ||||||
26 | officer by the end of the period for the
filing of nomination |
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1 | papers unless he has filed a statement of economic
interests in | ||||||
2 | relation to the same governmental unit with that officer
within | ||||||
3 | a year preceding the date on which such nomination papers were
| ||||||
4 | filed. If the nomination papers of any candidate and the | ||||||
5 | statement of
economic interest of that candidate are not | ||||||
6 | required to be filed with
the same officer, the candidate must | ||||||
7 | file with the officer with whom the
nomination papers are filed | ||||||
8 | a receipt from the officer with whom the
statement of economic | ||||||
9 | interests is filed showing the date on which such
statement was | ||||||
10 | filed. Such receipt shall be so filed not later than the
last | ||||||
11 | day on which nomination papers may be filed.
| ||||||
12 | (9) Any person for whom a petition for nomination, or for | ||||||
13 | committeeman or
for delegate or alternate delegate to a | ||||||
14 | national nominating convention has
been filed may cause his | ||||||
15 | name to be withdrawn by request in writing, signed
by him and | ||||||
16 | duly acknowledged before an officer qualified to take
| ||||||
17 | acknowledgments of deeds, and filed in the principal or | ||||||
18 | permanent branch
office of the State Board of Elections or with | ||||||
19 | the appropriate election
authority or local election official, | ||||||
20 | not later than the date of
certification of candidates for the | ||||||
21 | consolidated primary or general primary
ballot. No names so | ||||||
22 | withdrawn shall be certified or printed on the
primary ballot. | ||||||
23 | If petitions for nomination have been filed for the
same person | ||||||
24 | with respect to more than one political party, his name
shall | ||||||
25 | not be certified nor printed on the primary ballot of any | ||||||
26 | party.
If petitions for nomination have been filed for the same |
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| |||||||
1 | person for 2 or
more offices which are incompatible so that the | ||||||
2 | same person could not
serve in more than one of such offices if | ||||||
3 | elected, that person must
withdraw as a candidate for all but | ||||||
4 | one of such offices within the
5 business days following the | ||||||
5 | last day for petition filing. If he fails to
withdraw as a | ||||||
6 | candidate for all but one of such offices within such time
his | ||||||
7 | name shall not be certified, nor printed on the primary ballot, | ||||||
8 | for any
office. For the purpose of the foregoing provisions, an | ||||||
9 | office in a
political party is not incompatible with any other | ||||||
10 | office.
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11 | (10) (a) Notwithstanding the provisions of any other | ||||||
12 | statute, no primary
shall be held for an established | ||||||
13 | political party in any township,
municipality, or ward | ||||||
14 | thereof, where the nomination of such
party for every | ||||||
15 | office to be voted upon by the electors of such
township, | ||||||
16 | municipality, or ward thereof, is uncontested. Whenever a
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17 | political party's nomination of candidates is uncontested | ||||||
18 | as to one or
more, but not all, of the offices to be voted | ||||||
19 | upon by the electors of a
township, municipality, or ward | ||||||
20 | thereof, then a primary shall
be held for that party in | ||||||
21 | such township, municipality, or ward thereof;
provided | ||||||
22 | that the primary ballot shall not include those offices
| ||||||
23 | within such township, municipality, or ward thereof, for | ||||||
24 | which the
nomination is uncontested. For purposes of this | ||||||
25 | Article, the nomination
of an established political party | ||||||
26 | of a candidate for election to an office
shall be deemed to |
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1 | be uncontested where not more than the number of persons
to | ||||||
2 | be nominated have timely filed valid nomination papers | ||||||
3 | seeking the
nomination of such party for election to such | ||||||
4 | office.
| ||||||
5 | (b) Notwithstanding the provisions of any other | ||||||
6 | statute, no primary
election shall be held for an | ||||||
7 | established political party for any special
primary | ||||||
8 | election called for the purpose of filling a vacancy in the | ||||||
9 | office
of representative in the United States Congress | ||||||
10 | where the nomination of
such political party for said | ||||||
11 | office is uncontested. For the purposes of
this Article, | ||||||
12 | the nomination of an established political party of a
| ||||||
13 | candidate for election to said office shall be deemed to be | ||||||
14 | uncontested
where not more than the number of persons to be | ||||||
15 | nominated have timely filed
valid nomination papers | ||||||
16 | seeking the nomination of such established party
for | ||||||
17 | election to said office. This subsection (b) shall not | ||||||
18 | apply if such
primary election is conducted on a regularly | ||||||
19 | scheduled election day.
| ||||||
20 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
21 | and (b) of this
paragraph (10), whenever a person who has | ||||||
22 | not timely filed valid nomination
papers and who intends to | ||||||
23 | become a write-in candidate for a political
party's | ||||||
24 | nomination for any office for which the nomination is | ||||||
25 | uncontested
files a written statement or notice of that | ||||||
26 | intent with the State Board of
Elections or the local |
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| |||||||
1 | election official with whom nomination papers for
such | ||||||
2 | office are filed, a primary ballot shall be prepared and a | ||||||
3 | primary
shall be held for that office. Such statement or | ||||||
4 | notice shall be filed on
or before the date established in | ||||||
5 | this Article for certifying candidates
for the primary | ||||||
6 | ballot. Such statement or notice shall contain (i) the
name | ||||||
7 | and address of the person intending to become a write-in | ||||||
8 | candidate,
(ii) a statement that the person is a qualified | ||||||
9 | primary elector of the
political party from whom the | ||||||
10 | nomination is sought, (iii) a statement that
the person | ||||||
11 | intends to become a write-in candidate for the party's
| ||||||
12 | nomination, and (iv) the office the person is seeking as a | ||||||
13 | write-in
candidate. An election authority shall have no | ||||||
14 | duty to conduct a primary
and prepare a primary ballot for | ||||||
15 | any office for which the nomination is
uncontested unless a | ||||||
16 | statement or notice meeting the requirements of this
| ||||||
17 | Section is filed in a timely manner.
| ||||||
18 | (11) If multiple sets of nomination papers are filed for a | ||||||
19 | candidate to
the same office, the State Board of Elections, | ||||||
20 | appropriate election
authority or local election official | ||||||
21 | where the petitions are filed shall
within 2 business days | ||||||
22 | notify the candidate of his or her multiple petition
filings | ||||||
23 | and that the candidate has 3 business days after receipt of the
| ||||||
24 | notice to notify the State Board of Elections, appropriate | ||||||
25 | election
authority or local election official that he or she | ||||||
26 | may cancel prior sets
of petitions. If the candidate notifies |
| |||||||
| |||||||
1 | the State Board of Elections,
appropriate election authority or | ||||||
2 | local election official, the last set of
petitions filed shall | ||||||
3 | be the only petitions to be considered valid by the
State Board | ||||||
4 | of Elections, election authority or local election official. If
| ||||||
5 | the candidate fails to notify the State Board of Elections, | ||||||
6 | election authority
or local
election official then only the | ||||||
7 | first set of petitions filed shall be valid
and all subsequent | ||||||
8 | petitions shall be void.
| ||||||
9 | (12) All nominating petitions shall be available for public | ||||||
10 | inspection
and shall be preserved for a period of not less than | ||||||
11 | 6 months.
| ||||||
12 | (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | ||||||
13 | 87-1052.)
| ||||||
14 | (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
| ||||||
15 | Sec. 8-9. All petitions for nomination shall be filed by | ||||||
16 | mail or in
person as follows:
| ||||||
17 | (1) Where the nomination is made for a legislative office, | ||||||
18 | such
petition for nomination shall be filed in the principal | ||||||
19 | office of the
State Board of Elections not more than 99 and not | ||||||
20 | less than 92 days
prior to the date of the primary. On the | ||||||
21 | first day for filing petitions, the State Board of Elections | ||||||
22 | and its employees shall not file petitions with the State Board | ||||||
23 | of Elections on behalf of another person.
| ||||||
24 | (2) The State Board of Elections shall, upon receipt of | ||||||
25 | each
petition, endorse thereon the day and hour on which it was |
| |||||||
| |||||||
1 | filed.
Petitions filed by mail and received after midnight on | ||||||
2 | the first day for
filing and in the first mail delivery or | ||||||
3 | pickup of that day, shall be deemed
as filed as of 8:00 a.m. of | ||||||
4 | that day or as of the normal opening hour of
such day as the | ||||||
5 | case may be, and all petitions received thereafter shall be
| ||||||
6 | deemed as filed in the order of actual receipt. Where 2 or more | ||||||
7 | petitions
are received simultaneously, the State Board of | ||||||
8 | Elections shall break ties
and determine the order of filing, | ||||||
9 | by means of a lottery as provided in
Section 7-12 of this Code.
| ||||||
10 | (3) Any person for whom a petition for nomination has been | ||||||
11 | filed,
may cause his name to be withdrawn by a request in | ||||||
12 | writing, signed by
him, duly acknowledged before an officer | ||||||
13 | qualified to take
acknowledgments of deeds, and filed in the | ||||||
14 | principal or permanent branch
office of the State Board of | ||||||
15 | Elections not later than the date of
certification of | ||||||
16 | candidates for the general primary ballot, and no names so
| ||||||
17 | withdrawn shall be certified by the State Board
of Elections to | ||||||
18 | the county clerk, or printed on the primary ballot. If
| ||||||
19 | petitions for nomination have been filed for the same person | ||||||
20 | with
respect to more than one political party, his name shall | ||||||
21 | not be
certified nor printed on the primary ballot of any | ||||||
22 | party. If petitions
for nomination have been filed for the same | ||||||
23 | person for 2 or more offices
which are incompatible so that the | ||||||
24 | same person could not serve in more
than one of such offices if | ||||||
25 | elected, that person must withdraw as a
candidate for all but | ||||||
26 | one of such offices within the 5 business days following
the |
| |||||||
| |||||||
1 | last day for petition filing. If he fails to withdraw as a | ||||||
2 | candidate for
all but one of such offices within such time, his | ||||||
3 | name shall not be
certified, nor printed on the primary ballot, | ||||||
4 | for any office. For the
purpose of the foregoing provisions, an | ||||||
5 | office in a political party is
not incompatible with any other | ||||||
6 | office.
| ||||||
7 | (4) If multiple sets of nomination papers are filed for a | ||||||
8 | candidate to
the same office, the State Board of Elections | ||||||
9 | shall within 2 business days
notify the candidate of his or her | ||||||
10 | multiple petition filings and that the
candidate has 3 business | ||||||
11 | days after receipt of the notice to notify the
State Board of | ||||||
12 | Elections that he or she may cancel prior sets of petitions.
If | ||||||
13 | the candidate notifies the State Board of Elections the last | ||||||
14 | set of
petitions filed shall be the only petitions to be | ||||||
15 | considered valid by the State
Board of Elections. If the | ||||||
16 | candidate fails to notify the State Board then
only the first | ||||||
17 | set of petitions filed shall be valid and all subsequent
| ||||||
18 | petitions shall be void.
| ||||||
19 | (Source: P.A. 86-875; 87-1052.)
| ||||||
20 | (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
| ||||||
21 | Sec. 10-6.2. The State Board of Elections, the election | ||||||
22 | authority or
the local election official with whom petitions | ||||||
23 | for nomination are filed
pursuant to this Article 10 shall | ||||||
24 | specify the place where filings shall
be made and upon receipt | ||||||
25 | shall endorse thereon the day and the hour at
which each |
| |||||||
| |||||||
1 | petition was filed. Except as provided by Article 9 of The
| ||||||
2 | School Code, all petitions filed by persons waiting
in line as | ||||||
3 | of 8:00 a.m. on the first day for filing, or as of the normal
| ||||||
4 | opening hour of the office involved on such day, shall be | ||||||
5 | deemed filed
as of 8:00 a.m. or the normal opening hour, as the | ||||||
6 | case may be.
On the first day for filing petitions, the State | ||||||
7 | Board of Elections and its employees, an election authority and | ||||||
8 | its employees, and a local election official and his or her | ||||||
9 | employees shall not file petitions with the State Board, that | ||||||
10 | election authority, or that local election official, | ||||||
11 | respectively, on behalf of a person (other than on behalf of | ||||||
12 | himself or herself, in the case of a county clerk or local | ||||||
13 | election official). Petitions filed by mail and received after | ||||||
14 | midnight of the first day for
filing and in the first mail | ||||||
15 | delivery or pickup of that day shall be
deemed filed as of 8:00 | ||||||
16 | a.m. of that day or as of the normal opening
hour of such day, | ||||||
17 | as the case may be. All petitions received thereafter
shall be | ||||||
18 | deemed filed in the order of actual receipt. Where 2 or more
| ||||||
19 | petitions are received simultaneously, the State Board of | ||||||
20 | Elections, the
election authority or the local election | ||||||
21 | official with whom such
petitions are filed shall break ties | ||||||
22 | and determine the order of filing
by means of a lottery or | ||||||
23 | other fair and impartial method of random
selection approved by | ||||||
24 | the State Board of Elections. Such lottery shall
be conducted | ||||||
25 | within 9 days following the last day for petition filing and | ||||||
26 | shall
be open to the public. Seven days written notice of the |
| |||||||
| |||||||
1 | time and place of
conducting such random selection shall be | ||||||
2 | given, by the State Board of
Elections, the election authority, | ||||||
3 | or local election official, to the Chairman
of each political | ||||||
4 | party, and to each organization of citizens within the
election | ||||||
5 | jurisdiction which was entitled, under this Code, at the next
| ||||||
6 | preceding election, to have pollwatchers present on the day of | ||||||
7 | election. The
State Board of Elections, the election authority | ||||||
8 | or local election official
shall post in a conspicuous, open | ||||||
9 | and public place, at the entrance of the
office, notice of the | ||||||
10 | time and place of such lottery. The State Board of
Elections | ||||||
11 | shall adopt rules and regulations governing the procedures for
| ||||||
12 | the conduct of such lottery. All candidates shall be
certified | ||||||
13 | in the order in which their petitions have been filed and in | ||||||
14 | the
manner prescribed by Section 10-14 and 10-15 of this | ||||||
15 | Article. Where
candidates have filed simultaneously, they | ||||||
16 | shall be certified in the order
determined by lot and prior to | ||||||
17 | candidates who filed for the same office or
offices at a later | ||||||
18 | time. Certificates of nomination filed within the
period | ||||||
19 | prescribed in Section 10-6(2) for candidates nominated by | ||||||
20 | caucus for
township or municipal offices shall be subject to | ||||||
21 | the ballot placement
lottery for established political parties | ||||||
22 | prescribed in Section 7-60 of
this Code.
| ||||||
23 | If multiple sets of nomination papers are filed for a | ||||||
24 | candidate to
the same office, the State Board of Elections, | ||||||
25 | appropriate election
authority or local election official | ||||||
26 | where the petitions are filed shall
within 2 business days |
| |||||||
| |||||||
1 | notify the candidate of his or her multiple petition
filings | ||||||
2 | and that the candidate has 3 business days after receipt of the | ||||||
3 | notice
to notify the State Board of Elections, appropriate | ||||||
4 | election authority or local
election official that he or she | ||||||
5 | may cancel prior sets of petitions. If the
candidate notifies | ||||||
6 | the State Board of Elections, appropriate election authority
or | ||||||
7 | local election official, the last set of petitions filed shall | ||||||
8 | be the only
petitions to be considered valid by the State Board | ||||||
9 | of Elections, election
authority or local election official. If | ||||||
10 | the candidate fails to notify the
State Board of Elections, | ||||||
11 | appropriate election authority or local election
official then | ||||||
12 | only the first set of petitions filed shall be valid and all
| ||||||
13 | subsequent petitions shall be void.
| ||||||
14 | (Source: P.A. 91-357, eff. 7-29-99.)
|