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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 7-43, 10-3, and 10-6 as follows:
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6 | (10 ILCS 5/7-43) (from Ch. 46, par. 7-43)
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7 | Sec. 7-43. Every person having resided in this State 6 | ||||||
8 | months and
in the precinct 30 days next preceding any primary | ||||||
9 | therein who shall be
a citizen of the United States of the age | ||||||
10 | of 18 or more
years, shall be
entitled to vote at such primary.
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11 | The following regulations shall be applicable to | ||||||
12 | primaries:
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13 | No person shall be entitled to vote at a primary:
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14 | (a) Unless he declares his party affiliations as required | ||||||
15 | by this
Article.
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16 | (b) (Blank.)
Who shall have signed the petition for | ||||||
17 | nomination of a candidate
of any party with which he does not | ||||||
18 | affiliate, when such candidate is to
be voted for at the | ||||||
19 | primary.
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20 | (c) (Blank.)
Who shall have signed the nominating papers of | ||||||
21 | an independent
candidate for any office for which office | ||||||
22 | candidates for nomination are
to be voted for at such primary.
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23 | (c.5) If that person has participated in the town political |
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1 | party caucus,
under Section 45-50 of the Township Code, of | ||||||
2 | another political party by
signing an affidavit of voters | ||||||
3 | attending the caucus within 45 days before the
first day of the | ||||||
4 | calendar month in which the primary is held.
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5 | (d) (Blank.)
If he has voted at a primary held under this | ||||||
6 | Article 7 of
another political party within a period of 23 | ||||||
7 | calendar months next
preceding the calendar month in which such | ||||||
8 | primary is held: Provided,
participation by a primary elector | ||||||
9 | in a primary of a political party
which, under the provisions | ||||||
10 | of Section 7-2 of this Article, is a
political party within a | ||||||
11 | city, village or incorporated town or town only
and entitled | ||||||
12 | hereunder to make nominations of candidates for city,
village | ||||||
13 | or incorporated town or town offices only, and for no other
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14 | office or offices, shall not disqualify such primary elector | ||||||
15 | from
participating in other primaries of his party: And, | ||||||
16 | provided, that no
qualified voter shall be precluded from | ||||||
17 | participating in the primary of
any purely city, village or | ||||||
18 | incorporated town or town political party
under the provisions | ||||||
19 | of Section 7-2 of this Article by reason of such
voter having | ||||||
20 | voted at the primary of another political party within a
period | ||||||
21 | of 23 calendar months next preceding the calendar month in | ||||||
22 | which
he seeks to participate is held.
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23 | (e) In cities, villages and incorporated towns having a | ||||||
24 | board of
election commissioners only voters registered as | ||||||
25 | provided by Article 6
of this Act shall be entitled to vote at | ||||||
26 | such primary.
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1 | (f) No person shall be entitled to vote at a primary unless | ||||||
2 | he is
registered under the provisions of Articles 4, 5 or 6 of | ||||||
3 | this Act, when
his registration is required by any of said | ||||||
4 | Articles to entitle him to
vote at the election with reference | ||||||
5 | to which the primary is held.
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6 | (Source: P.A. 89-331, eff. 8-17-95.)
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7 | (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
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8 | Sec. 10-3. Nomination of independent candidates (not | ||||||
9 | candidates of
any political party), for any office to be filled | ||||||
10 | by the voters of the
State at large may also be made by | ||||||
11 | nomination papers signed in the
aggregate for each candidate by | ||||||
12 | 1% of the number of voters who voted in
the next preceding | ||||||
13 | Statewide general election or 25,000 qualified voters
of the | ||||||
14 | State, whichever is less. Nominations of independent | ||||||
15 | candidates
for public office within any district or political | ||||||
16 | subdivision less than
the State, may be made by nomination | ||||||
17 | papers signed in the aggregate for
each candidate by qualified | ||||||
18 | voters of such district, or political
subdivision, equaling not | ||||||
19 | less than 5%, nor more than 8% (or 50 more
than the minimum, | ||||||
20 | whichever is greater) of the number of persons, who
voted at | ||||||
21 | the next preceding regular election in such district or
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22 | political subdivision in which such district or political | ||||||
23 | subdivision
voted as a unit for the election of officers to | ||||||
24 | serve its respective
territorial area , except that independent | ||||||
25 | candidates for the General
Assembly shall require not less than |
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1 | 10%, nor more than 16% of the
number of persons who voted at | ||||||
2 | the next preceding general election in
such district or | ||||||
3 | political subdivision in which such district or
political | ||||||
4 | subdivision voted as a unit for the election of officers to
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5 | serve its respective territorial area . However, whenever the | ||||||
6 | minimum
signature requirement for an independent candidate | ||||||
7 | petition for a
district or political subdivision office shall | ||||||
8 | exceed the minimum number
of signatures for an independent | ||||||
9 | candidate petition for an office to be
filled by the voters of | ||||||
10 | the State at large at the next preceding
State-wide general | ||||||
11 | election, such State-wide petition signature
requirement shall | ||||||
12 | be the minimum for an independent candidate petition
for such | ||||||
13 | district or political subdivision office. For the first
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14 | election following a redistricting of congressional districts,
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15 | nomination papers for an independent candidate for congressman | ||||||
16 | shall be
signed by at least 5,000 qualified voters of the | ||||||
17 | congressional district.
For the first election following a | ||||||
18 | redistricting of legislative
districts, nomination papers for | ||||||
19 | an independent candidate for State
Senator in the General | ||||||
20 | Assembly shall be signed by at
least 3,000 qualified voters of | ||||||
21 | the legislative district. For the first
election following a | ||||||
22 | redistricting of representative districts, nomination
papers | ||||||
23 | for an independent candidate for State Representative in the | ||||||
24 | General
Assembly shall be signed by at least 1,500 qualified | ||||||
25 | voters of the
representative district. For the first election | ||||||
26 | following redistricting of
county board districts, or of |
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1 | municipal wards or districts, or for the
first election | ||||||
2 | following the initial establishment of such districts or
wards | ||||||
3 | in a county or municipality, nomination papers
for an | ||||||
4 | independent candidate for county board member, or for alderman | ||||||
5 | or
trustee of such municipality, shall be signed by qualified | ||||||
6 | voters of the
district or ward equal to not less than 5% nor | ||||||
7 | more than 8% (or 50 more
than the minimum, whichever is | ||||||
8 | greater) of the total number of votes cast
at the preceding | ||||||
9 | general or general municipal election, as the case
may be, for | ||||||
10 | the county or municipal office voted on throughout such county
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11 | or municipality for which the greatest total number of votes | ||||||
12 | were cast for
all candidates, divided by the number of | ||||||
13 | districts or wards, but in any
event not less than 25 qualified | ||||||
14 | voters of the district or ward. Each voter
signing a nomination | ||||||
15 | paper shall add to his signature his place of
residence, and | ||||||
16 | each voter may subscribe to one nomination for such
office to | ||||||
17 | be filled, and no more: Provided that the name of any
candidate | ||||||
18 | whose name may appear in any other place upon the ballot shall
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19 | not be so added by petition for the same office.
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20 | The person circulating the petition, or the candidate on | ||||||
21 | whose behalf
the petition is circulated, may strike any | ||||||
22 | signature from the petition,
provided that;
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23 | (1) the person striking the signature shall initial the | ||||||
24 | petition at
the place where the signature is struck; and
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25 | (2) the person striking the signature shall sign a | ||||||
26 | certification
listing the page number and line number of |
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1 | each signature struck from
the petition. Such | ||||||
2 | certification shall be filed as a part of the
petition.
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3 | (3) the persons striking signatures from the petition | ||||||
4 | shall each
sign an additional certificate specifying the | ||||||
5 | number of certification
pages listing stricken signatures | ||||||
6 | which are attached to the petition and
the page numbers | ||||||
7 | indicated on such certifications. The certificate
shall be | ||||||
8 | filed as a part of the petition, shall be numbered, and | ||||||
9 | shall
be attached immediately following the last page of | ||||||
10 | voters' signatures
and before the certifications of | ||||||
11 | stricken signatures.
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12 | (4) all of the foregoing requirements shall be | ||||||
13 | necessary to effect a
valid striking of any signature. The | ||||||
14 | provisions of this Section
authorizing the striking of | ||||||
15 | signatures shall not impose any criminal
liability on any | ||||||
16 | person so authorized for signatures which may be
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17 | fraudulent.
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18 | In the case of the offices of Governor and Lieutenant | ||||||
19 | Governor a
joint petition including one candidate for each of | ||||||
20 | those offices must be
filed.
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21 | Every petition for nomination of an independent candidate | ||||||
22 | for any
office for which candidates of established political | ||||||
23 | parties are
nominated at the general primary shall be filed | ||||||
24 | within
the time designated in Section 7-12 of this Act in | ||||||
25 | regard to nomination at
the general primary of any other | ||||||
26 | candidate for such office.
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1 | A candidate for whom a nomination paper has been filed as a | ||||||
2 | partisan
candidate at a primary election, and who is defeated | ||||||
3 | for his or her
nomination at the primary election, is | ||||||
4 | ineligible to be placed on the
ballot as an independent | ||||||
5 | candidate for election in that general or
consolidated | ||||||
6 | election.
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7 | A candidate seeking election to an office for which | ||||||
8 | candidates of
political parties are nominated by caucus who is | ||||||
9 | a participant in the
caucus and who is defeated for his or
her | ||||||
10 | nomination at such caucus, is ineligible to be listed on the | ||||||
11 | ballot at
that general or consolidated election as an | ||||||
12 | independent candidate.
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13 | (Source: P.A. 86-867; 86-875; 86-1028; 86-1348.)
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14 | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
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15 | Sec. 10-6. Time and manner of filing. Certificates
Except | ||||||
16 | as provided in Section
10-3, certificates of
nomination and | ||||||
17 | nomination papers for the nomination of candidates for
offices | ||||||
18 | to be filled by electors of the entire State, or any district
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19 | not entirely within a county, or for congressional, state | ||||||
20 | legislative or
judicial offices, shall be presented to the | ||||||
21 | principal office of the
State Board of Elections not more than | ||||||
22 | 141 nor less than 134
days previous
to the day of election for | ||||||
23 | which the candidates are nominated. The
State Board of | ||||||
24 | Elections shall endorse the certificates of nomination or
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25 | nomination papers, as the case may be, and the date and hour of
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1 | presentment to it. Except as otherwise provided in this | ||||||
2 | section, all
other certificates for the nomination of | ||||||
3 | candidates shall be filed with
the county clerk of the | ||||||
4 | respective counties not more than 141 but at
least 134 days | ||||||
5 | previous to the day of such election. Certificates
of
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6 | nomination and nomination papers for the nomination of | ||||||
7 | candidates for
the offices of political subdivisions to be | ||||||
8 | filled at regular elections
other than the general election | ||||||
9 | shall be filed with the local election
official of such | ||||||
10 | subdivision:
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11 | (1) (Blank);
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12 | (2) not more than 78 nor less than 71 days prior to the
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13 | consolidated
election; or
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14 | (3) not more than 78 nor less than 71 days prior to the | ||||||
15 | general
primary in the case of municipal offices to be | ||||||
16 | filled at the general
primary election; or
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17 | (4) not more than 78 nor less than 71 days before the
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18 | consolidated
primary in the case of municipal offices to be | ||||||
19 | elected on a nonpartisan
basis pursuant to law (including | ||||||
20 | without limitation, those municipal
offices subject to | ||||||
21 | Articles 4 and 5 of the Municipal Code); or
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22 | (5) not more than 78 nor less than 71 days before the | ||||||
23 | municipal
primary in even numbered years for such | ||||||
24 | nonpartisan municipal offices
where annual elections are | ||||||
25 | provided; or
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26 | (6) in the case of petitions for the office of |
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1 | multi-township assessor,
such petitions shall be filed | ||||||
2 | with the election authority not more than
78 nor less than | ||||||
3 | 71 days before the consolidated election.
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4 | However, where a political subdivision's boundaries are | ||||||
5 | co-extensive
with or are entirely within the jurisdiction of a | ||||||
6 | municipal board of
election commissioners, the certificates of | ||||||
7 | nomination and nomination
papers for candidates for such | ||||||
8 | political subdivision offices shall be filed
in the office of | ||||||
9 | such Board.
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10 | (Source: P.A. 90-358, eff. 1-1-98; 91-317, eff. 7-29-99.)
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