96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB1012

 

Introduced 2/11/2009, by Rep. Mike Boland

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/10-2   from Ch. 46, par. 10-2
10 ILCS 5/10-3   from Ch. 46, par. 10-3

    Amends the Election Code. Changes the petition signature requirement for a new political party to at least twice the minimum number required for an established party candidate for the office on the slate with the lowest signature requirement. Changes the petition signature requirement for an independent candidate to at least twice the minimum number required for an established party candidate for that office.


LRB096 03856 JAM 13890 b

 

 

A BILL FOR

 

HB1012 LRB096 03856 JAM 13890 b

1     AN ACT concerning elections.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Election Code is amended by changing
5 Sections 10-2 and 10-3 as follows:
 
6     (10 ILCS 5/10-2)  (from Ch. 46, par. 10-2)
7     Sec. 10-2. The term "political party", as hereinafter used
8 in this Article 10, shall mean any "established political
9 party", as hereinafter defined and shall also mean any
10 political group which shall hereafter undertake to form an
11 established political party in the manner provided for in this
12 Article 10: Provided, that no political organization or group
13 shall be qualified as a political party hereunder, or given a
14 place on a ballot, which organization or group is associated,
15 directly or indirectly, with Communist, Fascist, Nazi or other
16 un-American principles and engages in activities or propaganda
17 designed to teach subservience to the political principles and
18 ideals of foreign nations or the overthrow by violence of the
19 established constitutional form of government of the United
20 States and the State of Illinois.
21     A political party which, at the last general election for
22 State and county officers, polled for its candidate for
23 Governor more than 5% of the entire vote cast for Governor, is

 

 

HB1012 - 2 - LRB096 03856 JAM 13890 b

1 hereby declared to be an "established political party" as to
2 the State and as to any district or political subdivision
3 thereof.
4     A political party which, at the last election in any
5 congressional district, legislative district, county,
6 township, municipality or other political subdivision or
7 district in the State, polled more than 5% of the entire vote
8 cast within such territorial area or political subdivision, as
9 the case may be, has voted as a unit for the election of
10 officers to serve the respective territorial area of such
11 district or political subdivision, is hereby declared to be an
12 "established political party" within the meaning of this
13 Article as to such district or political subdivision.
14     Any group of persons hereafter desiring to form a new
15 political party throughout the State, or in any congressional,
16 legislative or judicial district, or in any other district or
17 in any political subdivision (other than a municipality) not
18 entirely within a single county, shall file with the State
19 Board of Elections a petition, as hereinafter provided; and any
20 such group of persons hereafter desiring to form a new
21 political party within any county shall file such petition with
22 the county clerk; and any such group of persons hereafter
23 desiring to form a new political party within any municipality
24 or township or within any district of a unit of local
25 government other than a county shall file such petition with
26 the local election official or Board of Election Commissioners

 

 

HB1012 - 3 - LRB096 03856 JAM 13890 b

1 of such municipality, township or other unit of local
2 government, as the case may be. Any such petition for the
3 formation of a new political party throughout the State, or in
4 any such district or political subdivision, as the case may be,
5 shall declare as concisely as may be the intention of the
6 signers thereof to form such new political party in the State,
7 or in such district or political subdivision; shall state in
8 not more than 5 words the name of such new political party;
9 shall at the time of filing contain a complete list of
10 candidates of such party for all offices to be filled in the
11 State, or such district or political subdivision as the case
12 may be, at the next ensuing election then to be held; and, if
13 such new political party shall be formed for the entire State,
14 shall be signed by at least twice the minimum number of
15 qualified voters of the State, district, or political
16 subdivision, as the case may be, required to sign a petition
17 for a candidate of an established political party for the
18 office with the lowest signature requirement of those offices
19 slated by the new party. 1% of the number of voters who voted
20 at the next preceding Statewide general election or 25,000
21 qualified voters, whichever is less. If such new political
22 party shall be formed for any district or political subdivision
23 less than the entire State, such petition shall be signed by
24 qualified voters equaling in number not less than 5% of the
25 number of voters who voted at the next preceding regular
26 election in such district or political subdivision in which

 

 

HB1012 - 4 - LRB096 03856 JAM 13890 b

1 such district or political subdivision voted as a unit for the
2 election of officers to serve its respective territorial area.
3 However, whenever the minimum signature requirement for a
4 district or political subdivision new political party petition
5 shall exceed the minimum number of signatures for State-wide
6 new political party petitions at the next preceding State-wide
7 general election, such State-wide petition signature
8 requirement shall be the minimum for such district or political
9 subdivision new political party petition.
10     For the first election following a redistricting of
11 congressional districts, a petition to form a new political
12 party in a congressional district shall be signed by at least
13 5,000 qualified voters of the congressional district. For the
14 first election following a redistricting of legislative
15 districts, a petition to form a new political party in a
16 legislative district shall be signed by at least 3,000
17 qualified voters of the legislative district. For the first
18 election following a redistricting of representative
19 districts, a petition to form a new political party in a
20 representative district shall be signed by at least 1,500
21 qualified voters of the representative district.
22     For the first election following redistricting of county
23 board districts, or of municipal wards or districts, or for the
24 first election following the initial establishment of such
25 districts or wards in a county or municipality, a petition to
26 form a new political party in a county board district or in a

 

 

HB1012 - 5 - LRB096 03856 JAM 13890 b

1 municipal ward or district shall be signed by qualified voters
2 of the district or ward equal to not less than 5% of the total
3 number of votes cast at the preceding general or municipal
4 election, as the case may be, for the county or municipal
5 office voted on throughout the county or municipality for which
6 the greatest total number of votes were cast for all
7 candidates, divided by the number of districts or wards, but in
8 any event not less than 25 qualified voters of the district or
9 ward.
10     In the case of a petition to form a new political party
11 within a political subdivision in which officers are to be
12 elected from districts and at-large, such petition shall
13 consist of separate components for each district from which an
14 officer is to be elected. Each component shall be circulated
15 only within a district of the political subdivision and signed
16 only by qualified electors who are residents of such district.
17 Each sheet of such petition must contain a complete list of the
18 names of the candidates of the party for all offices to be
19 filled in the political subdivision at large, but the sheets
20 comprising each component shall also contain the names of those
21 candidates to be elected from the particular district. Each
22 component of the petition for each district from which an
23 officer is to be elected must be signed by qualified voters of
24 the district equalling in number at least twice the minimum
25 number of signatures required for a candidate of an established
26 political party for the same office not less than 5% of the

 

 

HB1012 - 6 - LRB096 03856 JAM 13890 b

1 number of voters who voted at the next preceding regular
2 election in such district at which an officer was elected to
3 serve the district. The entire petition, including all
4 components, must be signed by a total of qualified voters of
5 the entire political subdivision equalling in number not less
6 than 5% of the number of voters who voted at the next preceding
7 regular election in such political subdivision at which an
8 officer was elected to serve the political subdivision at
9 large.
10     The filing of such petition shall constitute the political
11 group a new political party, for the purpose only of placing
12 upon the ballot at such next ensuing election such list or an
13 adjusted list in accordance with Section 10-11, of party
14 candidates for offices to be voted for throughout the State, or
15 for offices to be voted for in such district or political
16 subdivision less than the State, as the case may be, under the
17 name of and as the candidates of such new political party.
18     If, at such ensuing election, the new political party's
19 candidate for Governor shall receive more than 5% of the entire
20 votes cast for Governor, then such new political party shall
21 become an "established political party" as to the State and as
22 to every district or political subdivision thereof. If, at such
23 ensuing election, the other candidates of the new political
24 party, or any other candidate or candidates of the new
25 political party shall receive more than 5% of all the votes
26 cast for the office or offices for which they were candidates

 

 

HB1012 - 7 - LRB096 03856 JAM 13890 b

1 at such election, in the State, or in any district or political
2 subdivision, as the case may be, then and in that event, such
3 new political party shall become an "established political
4 party" within the State or within such district or political
5 subdivision less than the State, as the case may be, in which
6 such candidate or candidates received more than 5% of the votes
7 cast for the office or offices for which they were candidates.
8 It shall thereafter nominate its candidates for public offices
9 to be filled in the State, or such district or political
10 subdivision, as the case may be, under the provisions of the
11 laws regulating the nomination of candidates of established
12 political parties at primary elections and political party
13 conventions, as now or hereafter in force.
14     A political party which continues to receive for its
15 candidate for Governor more than 5% of the entire vote cast for
16 Governor, shall remain an "established political party" as to
17 the State and as to every district or political subdivision
18 thereof. But if the political party's candidate for Governor
19 fails to receive more than 5% of the entire vote cast for
20 Governor, or if the political party does not nominate a
21 candidate for Governor, the political party shall remain an
22 "established political party" within the State or within such
23 district or political subdivision less than the State, as the
24 case may be, only so long as, and only in those districts or
25 political subdivisions in which, the candidates of that
26 political party, or any candidate or candidates of that

 

 

HB1012 - 8 - LRB096 03856 JAM 13890 b

1 political party, continue to receive more than 5% of all the
2 votes cast for the office or offices for which they were
3 candidates at succeeding general or consolidated elections
4 within the State or within any district or political
5 subdivision, as the case may be.
6     Any such petition shall be filed at the same time and shall
7 be subject to the same requirements and to the same provisions
8 in respect to objections thereto and to any hearing or hearings
9 upon such objections that are hereinafter in this Article 10
10 contained in regard to the nomination of any other candidate or
11 candidates by petition. If any such new political party shall
12 become an "established political party" in the manner herein
13 provided, the candidate or candidates of such new political
14 party nominated by the petition hereinabove referred to for
15 such initial election, shall have power to select any such
16 party committeeman or committeemen as shall be necessary for
17 the creation of a provisional party organization and
18 provisional managing committee or committees for such party
19 within the State, or in any district or political subdivision
20 in which the new political party has become established; and
21 the party committeeman or committeemen so selected shall
22 constitute a provisional party organization for the new
23 political party and shall have and exercise the powers
24 conferred by law upon any party committeeman or committeemen to
25 manage and control the affairs of such new political party
26 until the next ensuing primary election at which the new

 

 

HB1012 - 9 - LRB096 03856 JAM 13890 b

1 political party shall be entitled to nominate and elect any
2 party committeeman or committeemen in the State, or in such
3 district or political subdivision under any parts of this Act
4 relating to the organization of political parties.
5     A candidate for whom a nomination paper has been filed as a
6 partisan candidate at a primary election, and who is defeated
7 for his or her nomination at the primary election, is
8 ineligible for nomination as a candidate of a new political
9 party for election in that general election.
10 (Source: P.A. 86-875.)
 
11     (10 ILCS 5/10-3)  (from Ch. 46, par. 10-3)
12     Sec. 10-3. Nomination of independent candidates (not
13 candidates of any political party), for any office to be filled
14 by the voters of the State at large may also be made by
15 nomination papers signed in the aggregate for each candidate by
16 at least twice the minimum number of voters required to sign
17 petitions for a candidate of an established political party for
18 the same office. 1% of the number of voters who voted in the
19 next preceding Statewide general election or 25,000 qualified
20 voters of the State, whichever is less. Nominations of
21 independent candidates for public office within any district or
22 political subdivision less than the State, may be made by
23 nomination papers signed in the aggregate for each candidate by
24 qualified voters of such district, or political subdivision,
25 equaling not less than 5%, nor more than 8% (or 50 more than

 

 

HB1012 - 10 - LRB096 03856 JAM 13890 b

1 the minimum, whichever is greater) of the number of persons,
2 who voted at the next preceding regular election in such
3 district or political subdivision in which such district or
4 political subdivision voted as a unit for the election of
5 officers to serve its respective territorial area. However,
6 whenever the minimum signature requirement for an independent
7 candidate petition for a district or political subdivision
8 office shall exceed the minimum number of signatures for an
9 independent candidate petition for an office to be filled by
10 the voters of the State at large at the next preceding
11 State-wide general election, such State-wide petition
12 signature requirement shall be the minimum for an independent
13 candidate petition for such district or political subdivision
14 office. For the first election following a redistricting of
15 congressional districts, nomination papers for an independent
16 candidate for congressman shall be signed by at least 5,000
17 qualified voters of the congressional district. For the first
18 election following a redistricting of legislative districts,
19 nomination papers for an independent candidate for State
20 Senator in the General Assembly shall be signed by at least
21 3,000 qualified voters of the legislative district. For the
22 first election following a redistricting of representative
23 districts, nomination papers for an independent candidate for
24 State Representative in the General Assembly shall be signed by
25 at least 1,500 qualified voters of the representative district.
26 For the first election following redistricting of county board

 

 

HB1012 - 11 - LRB096 03856 JAM 13890 b

1 districts, or of municipal wards or districts, or for the first
2 election following the initial establishment of such districts
3 or wards 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
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
19 not be so added by petition for the same office.
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;
23         (1) the person striking the signature shall initial the
24     petition at the place where the signature is struck; and
25         (2) the person striking the signature shall sign a
26     certification listing the page number and line number of

 

 

HB1012 - 12 - LRB096 03856 JAM 13890 b

1     each signature struck from the petition. Such
2     certification shall be filed as a part of the petition.
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.
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
17     fraudulent.
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.
21     A candidate for whom a nomination paper has been filed as a
22 partisan candidate at a primary election, and who is defeated
23 for his or her nomination at the primary election, is
24 ineligible to be placed on the ballot as an independent
25 candidate for election in that general or consolidated
26 election.

 

 

HB1012 - 13 - LRB096 03856 JAM 13890 b

1     A candidate seeking election to an office for which
2 candidates of political parties are nominated by caucus who is
3 a participant in the caucus and who is defeated for his or her
4 nomination at such caucus, is ineligible to be listed on the
5 ballot at that general or consolidated election as an
6 independent candidate.
7 (Source: P.A. 95-699, eff. 11-9-07.)