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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, 7-12, 10-4, and 10-6.1 as follows:
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6 | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
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7 | Sec. 7-10. Form of petition for nomination. The name of no | ||||||||||||||||||||||||||||||
8 | candidate for
nomination, or State central committeeman, or | ||||||||||||||||||||||||||||||
9 | township committeeman, or
precinct committeeman, or ward | ||||||||||||||||||||||||||||||
10 | committeeman or candidate for delegate or
alternate delegate to | ||||||||||||||||||||||||||||||
11 | national nominating conventions, shall be printed
upon the | ||||||||||||||||||||||||||||||
12 | primary ballot unless he or she pays a filing fee as provided | ||||||||||||||||||||||||||||||
13 | in this Section or unless a petition for nomination has been | ||||||||||||||||||||||||||||||
14 | filed in
his behalf as provided in this Article in | ||||||||||||||||||||||||||||||
15 | substantially the following form:
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16 | We, the undersigned, members of and affiliated with the | ||||||||||||||||||||||||||||||
17 | .... party
and qualified primary electors of the .... party, in | ||||||||||||||||||||||||||||||
18 | the .... of ....,
in the county of .... and State of Illinois, | ||||||||||||||||||||||||||||||
19 | do hereby petition that
the following named person or persons | ||||||||||||||||||||||||||||||
20 | shall be a candidate or candidates
of the .... party for the | ||||||||||||||||||||||||||||||
21 | nomination for (or in case of committeemen for
election to) the | ||||||||||||||||||||||||||||||
22 | office or offices hereinafter specified, to be voted
for at the | ||||||||||||||||||||||||||||||
23 | primary election to be held on (insert date).
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5 | Name.................. Address.......................
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6 | State of Illinois)
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7 | ) ss.
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8 | County of........)
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9 | I, ...., do hereby certify
that I reside at No. .... | |||||||||||||||||||||
10 | street, in the .... of ...., county of ....,
and State of | |||||||||||||||||||||
11 | ....., that I am 18 years of age or older, that
I am a citizen | |||||||||||||||||||||
12 | of the United States, and that the signatures on this sheet
| |||||||||||||||||||||
13 | were signed
in my presence, and are genuine, and that to the | |||||||||||||||||||||
14 | best of my knowledge
and belief the persons so signing were at | |||||||||||||||||||||
15 | the time of signing the
petitions qualified voters of the .... | |||||||||||||||||||||
16 | party, and that their respective
residences are correctly | |||||||||||||||||||||
17 | stated, as above set forth.
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18 | .........................
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19 | Subscribed and sworn to before me on (insert date).
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20 | .........................
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21 | Each sheet of the petition other than the statement of | |||||||||||||||||||||
22 | candidacy and
candidate's statement shall be of uniform size | |||||||||||||||||||||
23 | and shall contain above
the space for signatures an appropriate |
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| |||||||
1 | heading giving the information
as to name of candidate or | ||||||
2 | candidates, in whose behalf such petition is
signed; the | ||||||
3 | office, the political party represented and place of
residence; | ||||||
4 | and the heading of each sheet shall be the same.
| ||||||
5 | Such petition shall be signed by qualified primary electors | ||||||
6 | residing
in the political division for which the nomination is | ||||||
7 | sought in their
own proper persons only and opposite the | ||||||
8 | signature of each signer, his
residence address shall be | ||||||
9 | written or printed. The residence address
required to be | ||||||
10 | written or printed opposite each qualified primary elector's
| ||||||
11 | name shall include the street address or rural route number of | ||||||
12 | the signer,
as the case may be, as well as the signer's county, | ||||||
13 | and city, village or
town, and state.
However the county or | ||||||
14 | city, village or town, and state of residence of
the electors | ||||||
15 | may be printed on the petition forms where all of the
electors | ||||||
16 | signing the petition reside in the same county or city, village
| ||||||
17 | or town, and state. Standard abbreviations may be used in | ||||||
18 | writing the
residence address, including street number, if any. | ||||||
19 | At the bottom of
each sheet of such petition shall be added a | ||||||
20 | circulator statement signed by
a person 18 years of age or | ||||||
21 | older who is a citizen of the United States,
stating the street | ||||||
22 | address or rural route number, as the case may be, as well
as | ||||||
23 | the county, city, village or town, and state;
and certifying | ||||||
24 | that the signatures on that sheet of the petition were signed | ||||||
25 | in
his or her presence and certifying that the signatures are | ||||||
26 | genuine; and
either (1) indicating the dates on which that |
| |||||||
| |||||||
1 | sheet was circulated, or (2)
indicating the first and last | ||||||
2 | dates on which the sheet was circulated, or (3)
certifying that | ||||||
3 | none of the signatures on the sheet were signed more than 90
| ||||||
4 | days preceding the last day for the filing of the petition and | ||||||
5 | certifying that
to the best of his or her knowledge and belief | ||||||
6 | the persons so signing were at
the time of signing the | ||||||
7 | petitions qualified voters of the political party for
which a | ||||||
8 | nomination is sought. Such statement shall be sworn to before | ||||||
9 | some
officer authorized to administer oaths in this State.
| ||||||
10 | No petition sheet shall be circulated more than 90 days | ||||||
11 | preceding the
last day provided in Section 7-12 for the filing | ||||||
12 | of such petition.
| ||||||
13 | The person circulating the petition, or the candidate on | ||||||
14 | whose behalf the
petition is circulated, may strike any | ||||||
15 | signature from the petition,
provided that:
| ||||||
16 | (1) the person striking the signature shall initial the | ||||||
17 | petition at
the place where the signature is struck; and
| ||||||
18 | (2) the person striking the signature shall sign a | ||||||
19 | certification
listing the page number and line number of | ||||||
20 | each signature struck from
the petition. Such | ||||||
21 | certification shall be filed as a part of the petition.
| ||||||
22 | Such sheets before being filed shall be neatly fastened | ||||||
23 | together in
book form, by placing the sheets in a pile and | ||||||
24 | fastening them together
at one edge in a secure and suitable | ||||||
25 | manner, and the sheets shall then
be numbered consecutively. | ||||||
26 | The sheets shall not be fastened by pasting
them together end |
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1 | to end, so as to form a continuous strip or roll. All
petition | ||||||||||||||||||||||
2 | sheets which are filed with the proper local election | ||||||||||||||||||||||
3 | officials,
election authorities or the State Board of Elections | ||||||||||||||||||||||
4 | shall be the original
sheets which have been signed by the | ||||||||||||||||||||||
5 | voters and by the circulator thereof,
and not photocopies or | ||||||||||||||||||||||
6 | duplicates of such sheets. Each petition must include
as a part | ||||||||||||||||||||||
7 | thereof, a statement of candidacy for each of the candidates | ||||||||||||||||||||||
8 | filing,
or in whose behalf the petition is filed. This | ||||||||||||||||||||||
9 | statement shall set out the
address of such candidate, the | ||||||||||||||||||||||
10 | office for which he is a candidate, shall state
that the | ||||||||||||||||||||||
11 | candidate is a qualified primary voter of the party to which | ||||||||||||||||||||||
12 | the
petition relates and is qualified for the office specified | ||||||||||||||||||||||
13 | (in the case of a
candidate for State's Attorney it shall state | ||||||||||||||||||||||
14 | that the candidate is at the time
of filing such statement a | ||||||||||||||||||||||
15 | licensed attorney-at-law of this State), shall state
that he | ||||||||||||||||||||||
16 | has filed (or will file before the close of the petition filing | ||||||||||||||||||||||
17 | period)
a statement of economic interests as required by the | ||||||||||||||||||||||
18 | Illinois Governmental
Ethics Act, shall request that the | ||||||||||||||||||||||
19 | candidate's name be placed upon the official
ballot, and shall | ||||||||||||||||||||||
20 | be subscribed and sworn to by such candidate before some
| ||||||||||||||||||||||
21 | officer authorized to take acknowledgment of deeds in the State | ||||||||||||||||||||||
22 | and shall be in
substantially the following form:
| ||||||||||||||||||||||
23 | Statement of Candidacy
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2 | State of Illinois)
| ||||||||
3 | ) ss.
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4 | County of .......)
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5 | I, ...., being first duly sworn, say that I reside at .... | ||||||||
6 | Street in the city
(or village) of ...., in the county of ...., | ||||||||
7 | State of Illinois; that I
am a qualified voter therein and am a | ||||||||
8 | qualified primary voter of the ....
party; that I am a | ||||||||
9 | candidate for nomination (for election in the case of
| ||||||||
10 | committeeman and delegates and alternate delegates) to the | ||||||||
11 | office of ....
to be voted upon at the primary election to be | ||||||||
12 | held on (insert date); that I am
legally qualified (including
| ||||||||
13 | being the holder of any license that may be an eligibility | ||||||||
14 | requirement
for the office I seek the nomination for) to hold | ||||||||
15 | such office and that I
have filed (or I will file before the | ||||||||
16 | close of the petition filing period)
a statement of economic | ||||||||
17 | interests as required by the Illinois
Governmental Ethics Act | ||||||||
18 | and I hereby request that my name be printed
upon the official | ||||||||
19 | primary ballot for nomination for (or election to in
the case | ||||||||
20 | of committeemen and delegates and alternate delegates) such
| ||||||||
21 | office.
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22 | Signed ......................
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23 | Subscribed and sworn to (or affirmed) before me by ...., | ||||||||
24 | who is to me
personally known, on (insert date).
| ||||||||
25 | Signed ....................
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| |||||||
1 | (Official Character)
| ||||||
2 | (Seal, if officer has one.)
| ||||||
3 | The petitions, when filed, shall not be withdrawn or added | ||||||
4 | to, and no
signatures shall be revoked except by revocation | ||||||
5 | filed in writing with
the State Board of Elections, election | ||||||
6 | authority or local election
official with whom the petition is | ||||||
7 | required to be filed, and before the
filing of such petition. | ||||||
8 | Whoever forges the name of a signer upon any
petition required | ||||||
9 | by this Article is deemed guilty of a forgery and on
conviction | ||||||
10 | thereof shall be punished accordingly.
| ||||||
11 | A candidate for the offices listed in this Section must | ||||||
12 | obtain the number
of signatures specified in this Section on | ||||||
13 | his or her petition for nomination.
| ||||||
14 | (a) Statewide office or delegate to a national nominating | ||||||
15 | convention. If a
candidate seeks to run for statewide office or | ||||||
16 | as a delegate or alternate
delegate to a national nominating | ||||||
17 | convention elected from the State at-large,
then the | ||||||
18 | candidate's petition for nomination must contain at least 5,000 | ||||||
19 | but
not more than 10,000 signatures.
| ||||||
20 | (b) Congressional office or congressional delegate to a | ||||||
21 | national nominating
convention. If a candidate seeks to run for | ||||||
22 | United States Congress or as a
congressional delegate or | ||||||
23 | alternate congressional delegate to a national
nominating | ||||||
24 | convention elected from a congressional district, then the
| ||||||
25 | candidate's petition for nomination must contain at least the |
| |||||||
| |||||||
1 | number of
signatures equal to 0.5% of the qualified primary | ||||||
2 | electors of his or her party
in his or her congressional | ||||||
3 | district. In the first primary election following a
| ||||||
4 | redistricting of congressional districts, a candidate's | ||||||
5 | petition for nomination
must contain at least 600 signatures of | ||||||
6 | qualified primary electors of the
candidate's political party | ||||||
7 | in his or her congressional district.
| ||||||
8 | (c) County office. If a candidate seeks to run for any | ||||||
9 | countywide office,
including but not limited to county board | ||||||
10 | chairperson or county board
member, elected on an at-large | ||||||
11 | basis, in a county other than Cook County,
then the candidate's | ||||||
12 | petition for nomination must contain at least the number
of | ||||||
13 | signatures equal to 0.5% of the qualified electors of his or | ||||||
14 | her party who
cast votes at the last preceding general election | ||||||
15 | in his or her county. If a
candidate
seeks to run for county | ||||||
16 | board member elected from a county board district, then
the | ||||||
17 | candidate's petition for nomination must contain at least the | ||||||
18 | number of
signatures equal to 0.5% of the qualified primary | ||||||
19 | electors of his or her party
in the
county board district. In | ||||||
20 | the first primary election following a redistricting
of county | ||||||
21 | board districts or the initial establishment of county board
| ||||||
22 | districts, a candidate's petition for nomination must contain | ||||||
23 | at least the
number of signatures equal to 0.5% of the | ||||||
24 | qualified electors of his or her
party
in the entire county who | ||||||
25 | cast votes at the last preceding general election
divided by | ||||||
26 | the
total number of county board districts comprising the |
| |||||||
| |||||||
1 | county board; provided
that
in no event shall the number of | ||||||
2 | signatures be less than 25.
| ||||||
3 | (d) County office; Cook County only.
| ||||||
4 | (1) If a candidate seeks to run for countywide office | ||||||
5 | in Cook County,
then the candidate's petition for | ||||||
6 | nomination must contain at least the number
of signatures | ||||||
7 | equal to 0.5% of the qualified electors of his or her party | ||||||
8 | who
cast votes at the last preceding general election in | ||||||
9 | Cook County.
| ||||||
10 | (2) If a candidate seeks to run for Cook County Board | ||||||
11 | Commissioner,
then the candidate's petition for nomination | ||||||
12 | must contain at least the number
of signatures equal to | ||||||
13 | 0.5% of
the qualified primary electors of his or her party | ||||||
14 | in his or her county board
district. In the first primary | ||||||
15 | election following a redistricting of Cook
County Board of | ||||||
16 | Commissioners districts, a candidate's petition for
| ||||||
17 | nomination must contain at least the number of signatures | ||||||
18 | equal to 0.5% of
the qualified electors of his or her party | ||||||
19 | in the entire county who cast votes
at the last
preceding | ||||||
20 | general election divided by the total number of county | ||||||
21 | board
districts comprising the county board; provided that | ||||||
22 | in no event shall the
number of signatures be less than 25.
| ||||||
23 | (3) If a candidate seeks to run for Cook County Board | ||||||
24 | of Review
Commissioner, which is elected from a district | ||||||
25 | pursuant to subsection (c)
of Section 5-5 of the Property | ||||||
26 | Tax Code, then the candidate's petition for
nomination must |
| |||||||
| |||||||
1 | contain at least the number of signatures equal to 0.5% of
| ||||||
2 | the total number of registered voters in his or her board | ||||||
3 | of
review district in the last general election at which a | ||||||
4 | commissioner was
regularly scheduled to be elected from | ||||||
5 | that board of review district. In no
event shall the number | ||||||
6 | of signatures required be greater than the requisite
number | ||||||
7 | for a candidate who seeks countywide office in Cook County
| ||||||
8 | under subsection (d)(1) of this Section. In the first | ||||||
9 | primary election
following a redistricting of Cook County | ||||||
10 | Board of Review districts, a
candidate's petition for | ||||||
11 | nomination must contain at least 4,000 signatures
or at | ||||||
12 | least the number of signatures required for a countywide | ||||||
13 | candidate in
Cook County, whichever is less,
of the | ||||||
14 | qualified electors of his or her party in the district.
| ||||||
15 | (e) Municipal or township office. If a candidate seeks to | ||||||
16 | run for municipal
or township office, then the candidate's | ||||||
17 | petition for nomination must contain
at least the number of | ||||||
18 | signatures equal to 0.5% of the qualified primary
electors of | ||||||
19 | his or her party in the municipality or township. If a | ||||||
20 | candidate
seeks to run for alderman of a municipality, then the | ||||||
21 | candidate's petition for
nomination must contain at least the | ||||||
22 | number of signatures equal to 0.5% of the
qualified primary | ||||||
23 | electors of his or her party of the ward. In the first
primary | ||||||
24 | election following redistricting of aldermanic wards or | ||||||
25 | trustee
districts of a municipality or the initial | ||||||
26 | establishment of wards or districts,
a candidate's petition for |
| |||||||
| |||||||
1 | nomination must contain the number of signatures
equal to at | ||||||
2 | least 0.5% of the total number of votes cast for the candidate | ||||||
3 | of
that political party who received the highest number of | ||||||
4 | votes in the entire
municipality at the last regular election | ||||||
5 | at which an officer was regularly
scheduled to be elected from
| ||||||
6 | the entire municipality, divided by the number of wards or | ||||||
7 | districts. In no
event shall the number of signatures be less | ||||||
8 | than 25.
| ||||||
9 | (f) State central committeeperson. If a candidate seeks to | ||||||
10 | run for State
central committeeperson, then the candidate's | ||||||
11 | petition for nomination must
contain at least 100 signatures of | ||||||
12 | the primary electors of his or her party of
his or
her | ||||||
13 | congressional district.
| ||||||
14 | (g) Sanitary district trustee. If a candidate seeks to run | ||||||
15 | for trustee of a
sanitary district in which trustees are not | ||||||
16 | elected from wards, then the
candidate's petition for | ||||||
17 | nomination must contain at least the number of
signatures equal | ||||||
18 | to 0.5% of the primary electors of his or her party from the
| ||||||
19 | sanitary district. If a candidate seeks to run for trustee
of a | ||||||
20 | sanitary district in which trustees are elected from wards, | ||||||
21 | then the
candidate's petition for
nomination must contain at | ||||||
22 | least the number of signatures equal to 0.5% of the
primary | ||||||
23 | electors of his or her party in the ward of that sanitary | ||||||
24 | district. In
the
first primary election following | ||||||
25 | redistricting of sanitary districts elected
from wards, a | ||||||
26 | candidate's petition for nomination must contain at least the
|
| |||||||
| |||||||
1 | signatures of 150 qualified primary electors of his or her ward | ||||||
2 | of that
sanitary district.
| ||||||
3 | (h) Judicial office. If a candidate seeks to run for | ||||||
4 | judicial office in a district, then the candidate's petition | ||||||
5 | for nomination must contain the number of signatures equal to | ||||||
6 | 0.4% of the number of votes cast in that district for the | ||||||
7 | candidate for his or her political party for the office of | ||||||
8 | Governor at the last general election at which a Governor was | ||||||
9 | elected, but in no event less than 500 signatures. If a | ||||||
10 | candidate seeks to run for judicial office in a
circuit or | ||||||
11 | subcircuit, then the candidate's petition for nomination
must | ||||||
12 | contain the number of signatures equal to 0.25% of the number | ||||||
13 | of votes
cast for the judicial candidate of his or her | ||||||
14 | political party who received the
highest number of votes
at the | ||||||
15 | last general election at which a judicial
officer from the same | ||||||
16 | circuit or subcircuit was regularly scheduled
to be elected, | ||||||
17 | but in no event less than 500 signatures.
| ||||||
18 | (i) Precinct, ward, and township committeeperson. If a | ||||||
19 | candidate seeks to
run for precinct committeeperson, then the | ||||||
20 | candidate's petition for nomination
must contain at least 10 | ||||||
21 | signatures of the primary electors of his or her
party for the | ||||||
22 | precinct. If a candidate seeks to run for ward committeeperson,
| ||||||
23 | then the candidate's petition for nomination must contain no | ||||||
24 | less than the
number of signatures equal to 10% of the primary | ||||||
25 | electors of his or her party
of the ward, but no more than 16% | ||||||
26 | of those same electors; provided that the
maximum number of |
| |||||||
| |||||||
1 | signatures may be 50 more than the minimum number, whichever
is | ||||||
2 | greater. If a candidate seeks to run for township | ||||||
3 | committeeperson, then the
candidate's petition for nomination | ||||||
4 | must contain no less than the number of
signatures equal to 5% | ||||||
5 | of the primary electors of his or her party of the
township, | ||||||
6 | but no more than 8% of those same electors;
provided that the | ||||||
7 | maximum number of signatures may be 50 more than the
minimum | ||||||
8 | number, whichever is greater.
| ||||||
9 | (j) State's attorney or regional superintendent of schools | ||||||
10 | for multiple
counties. If
a candidate seeks to run for State's | ||||||
11 | attorney or regional Superintendent of
Schools who serves more | ||||||
12 | than one county, then the candidate's petition for
nomination | ||||||
13 | must contain at least the number of signatures equal to 0.5% of | ||||||
14 | the
primary electors of his or her party in the territory | ||||||
15 | comprising the counties.
| ||||||
16 | (k) Any other office. If a candidate seeks any other | ||||||
17 | office, then the
candidate's petition for nomination must | ||||||
18 | contain at least the number of
signatures equal to 0.5% of the | ||||||
19 | registered voters of the political subdivision,
district, or | ||||||
20 | division for which the nomination is made or 25 signatures,
| ||||||
21 | whichever is greater.
| ||||||
22 | For purposes of this Section the number of primary electors | ||||||
23 | shall be
determined by taking the total vote cast, in the | ||||||
24 | applicable district, for the
candidate for that political party | ||||||
25 | who received the highest number of votes,
statewide, at the | ||||||
26 | last general election in the State at which electors for
|
| |||||||
| |||||||
1 | President of the United States were elected. For political | ||||||
2 | subdivisions, the
number of primary electors shall be | ||||||
3 | determined by taking the total vote
cast for the candidate for | ||||||
4 | that political party who received the highest number
of votes | ||||||
5 | in the political subdivision at the last regular election at | ||||||
6 | which an
officer was regularly scheduled to be elected from | ||||||
7 | that subdivision. For wards
or districts of political | ||||||
8 | subdivisions, the number of primary electors shall be
| ||||||
9 | determined by taking the total vote cast for the candidate for | ||||||
10 | that political
party who received the highest number of votes | ||||||
11 | in the ward or district at the
last regular election at which | ||||||
12 | an officer was regularly scheduled to be elected
from that ward | ||||||
13 | or district.
| ||||||
14 | A "qualified primary elector" of a party may not
sign | ||||||
15 | petitions for or be a candidate in the primary of more than
one | ||||||
16 | party.
| ||||||
17 | The changes made to this Section of this amendatory Act of | ||||||
18 | the 93rd General
Assembly are declarative of existing law, | ||||||
19 | except for item (3) of subsection
(d).
| ||||||
20 | Petitions of candidates for nomination for offices herein | ||||||
21 | specified,
to be filed with the same officer, may contain the | ||||||
22 | names of 2 or more
candidates of the same political party for | ||||||
23 | the same or different
offices. In the case of the offices of | ||||||
24 | Governor and Lieutenant Governor, a joint petition including | ||||||
25 | one candidate for each of those offices must be filed.
| ||||||
26 | Notwithstanding any other provision of law, a candidate may |
| |||||||
| |||||||
1 | choose, in lieu of filing a petition for nomination, to pay a | ||||||
2 | filing fee to the office of the State or local election | ||||||
3 | official charged with accepting nomination petitions for that | ||||||
4 | office. The filing fee shall be equal to 1% of the annual | ||||||
5 | salary of the office for which the candidate is seeking | ||||||
6 | nomination. If the candidate is seeking nomination for a | ||||||
7 | non-salaried office, then the filing fee shall be $50. | ||||||
8 | (Source: P.A. 95-699, eff. 11-9-07; 95-916, eff. 8-26-08; | ||||||
9 | 96-1018, eff. 1-1-11.)
| ||||||
10 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| ||||||
11 | Sec. 7-12.
All petitions for nomination shall be filed by | ||||||
12 | mail or
in person as follows:
| ||||||
13 | (1) Where the nomination is to be made for a State, | ||||||
14 | congressional, or
judicial office, or for any office a | ||||||
15 | nomination for which is made for a
territorial division or | ||||||
16 | district which comprises more than one county or
is partly | ||||||
17 | in one county and partly in another county or counties, | ||||||
18 | then,
except as otherwise provided in this Section, such | ||||||
19 | petition for nomination
shall be filed in the principal | ||||||
20 | office of the State Board of Elections not
more than 113 | ||||||
21 | and not less than 106 days prior to the date of the | ||||||
22 | primary,
but, in the case of petitions for nomination to | ||||||
23 | fill a vacancy by special
election in the office of | ||||||
24 | representative in Congress from this State, such
petition | ||||||
25 | for nomination shall be filed in the principal office of |
| |||||||
| |||||||
1 | the State
Board of Elections not more than 57 days and not | ||||||
2 | less than 50 days prior to
the date of the primary.
| ||||||
3 | Where a vacancy occurs in the office of Supreme, | ||||||
4 | Appellate or Circuit
Court Judge within the 3-week period | ||||||
5 | preceding the 106th day before a
general primary election, | ||||||
6 | petitions for nomination for the office in which
the | ||||||
7 | vacancy has occurred shall be filed in the principal office | ||||||
8 | of the
State Board of Elections not more than 92 nor less | ||||||
9 | than 85 days prior to
the date of the general primary | ||||||
10 | election.
| ||||||
11 | Where the nomination is to be made for delegates or | ||||||
12 | alternate
delegates to a national nominating convention, | ||||||
13 | then such petition for
nomination shall be filed in the | ||||||
14 | principal office of the State Board of
Elections not more | ||||||
15 | than 113 and not less than 106 days prior to the date of
| ||||||
16 | the primary; provided, however, that if the rules or | ||||||
17 | policies of a national
political party conflict with such | ||||||
18 | requirements for filing petitions for
nomination for | ||||||
19 | delegates or alternate delegates to a national nominating
| ||||||
20 | convention, the chairman of the State central committee of | ||||||
21 | such national
political party shall notify the Board in | ||||||
22 | writing, citing by reference the
rules or policies of the | ||||||
23 | national political party in conflict, and in such
case the | ||||||
24 | Board shall direct such petitions to be filed not more than | ||||||
25 | 83 and
not less than 76 days prior to the date of the | ||||||
26 | primary.
|
| |||||||
| |||||||
1 | (2) Where the nomination is to be made for a county | ||||||
2 | office or trustee
of a sanitary district then such petition | ||||||
3 | shall be filed in the office
of the county clerk not more | ||||||
4 | than 113 nor less than 106 days prior to the
date of the | ||||||
5 | primary.
| ||||||
6 | (3) Where the nomination is to be made for a municipal | ||||||
7 | or township
office, such petitions for nomination shall be | ||||||
8 | filed in the office of
the local election official, not | ||||||
9 | more than 99 nor less than 92 days
prior to the date of the | ||||||
10 | primary; provided, where a municipality's or
township's | ||||||
11 | boundaries are coextensive with or are entirely within the
| ||||||
12 | jurisdiction of a municipal board of election | ||||||
13 | commissioners, the petitions
shall be filed in the office | ||||||
14 | of such board; and provided, that petitions
for the office | ||||||
15 | of multi-township assessor shall be filed with the election
| ||||||
16 | authority.
| ||||||
17 | (4) The petitions of candidates for State central | ||||||
18 | committeeman shall
be filed in the principal office of the | ||||||
19 | State Board of Elections not
more than 113 nor less than | ||||||
20 | 106 days prior to the date of the primary.
| ||||||
21 | (5) Petitions of candidates for precinct, township or | ||||||
22 | ward
committeemen shall be filed or the fee described in | ||||||
23 | Section 7-10 shall be paid in the office of the county | ||||||
24 | clerk not more
than 113 nor less than 106 days prior to the | ||||||
25 | date of the primary.
| ||||||
26 | (6) The State Board of Elections and the various |
| |||||||
| |||||||
1 | election authorities
and local election officials with | ||||||
2 | whom such petitions for nominations
are filed shall specify | ||||||
3 | the place where filings shall be made and upon
receipt | ||||||
4 | shall endorse thereon the day and hour on which each | ||||||
5 | petition
was filed. All petitions filed by persons waiting | ||||||
6 | in line as of 8:00
a.m. on the first day for filing, or as | ||||||
7 | of the normal opening hour of
the office involved on such | ||||||
8 | day, shall be deemed filed as of 8:00 a.m.
or the normal | ||||||
9 | opening hour, as the case may be. Petitions filed by mail
| ||||||
10 | and received after midnight of the first day for filing and | ||||||
11 | in the first
mail delivery or pickup of that day shall be | ||||||
12 | deemed as filed as of 8:00
a.m. of that day or as of the | ||||||
13 | normal opening hour of such day, as the
case may be. All | ||||||
14 | petitions received thereafter shall be deemed as filed
in | ||||||
15 | the order of actual receipt. Where 2 or more petitions are | ||||||
16 | received
simultaneously, the State Board of Elections or | ||||||
17 | the various election
authorities or local election | ||||||
18 | officials with whom such petitions are
filed shall break | ||||||
19 | ties and determine the order of filing, by means of a
| ||||||
20 | lottery or other fair and impartial method of random | ||||||
21 | selection approved
by the State Board of Elections. Such | ||||||
22 | lottery shall be conducted within
9 days following the last | ||||||
23 | day for petition filing and shall be open to the
public. | ||||||
24 | Seven days written notice of the time and place of | ||||||
25 | conducting such
random selection shall be given by the | ||||||
26 | State Board of Elections to the
chairman of the State |
| |||||||
| |||||||
1 | central committee of each established political
party, and | ||||||
2 | by each election authority or local election official, to | ||||||
3 | the
County Chairman of each established political party, | ||||||
4 | and to each
organization of citizens within the election | ||||||
5 | jurisdiction which was
entitled, under this Article, at the | ||||||
6 | next preceding election, to have
pollwatchers present on | ||||||
7 | the day of election. The State Board of Elections,
election | ||||||
8 | authority or local election official shall post in a | ||||||
9 | conspicuous,
open and public place, at the entrance of the | ||||||
10 | office, notice of the time
and place of such lottery. The | ||||||
11 | State Board of Elections shall adopt rules
and regulations | ||||||
12 | governing the procedures for the conduct of such lottery.
| ||||||
13 | All candidates shall be certified in the order in which | ||||||
14 | their petitions
have been filed. Where candidates have | ||||||
15 | filed simultaneously, they shall be
certified in the order | ||||||
16 | determined by lot and prior to candidates who filed
for the | ||||||
17 | same office at a later time.
| ||||||
18 | (7) The State Board of Elections or the appropriate | ||||||
19 | election
authority or local election official with whom | ||||||
20 | such a petition for
nomination is filed shall notify the | ||||||
21 | person for whom a petition for
nomination has been filed or | ||||||
22 | a nomination fee described in Section 7-10 has been paid of | ||||||
23 | the obligation to file statements of
organization, reports | ||||||
24 | of campaign contributions, and annual reports of
campaign | ||||||
25 | contributions and expenditures under Article 9 of this Act.
| ||||||
26 | Such notice shall be given in the manner prescribed by |
| |||||||
| |||||||
1 | paragraph (7) of
Section 9-16 of this Code.
| ||||||
2 | (8) Nomination papers filed under this Section are not | ||||||
3 | valid if the
candidate named therein fails to file a | ||||||
4 | statement of economic interests
as required by the Illinois | ||||||
5 | Governmental Ethics Act in relation to his
candidacy with | ||||||
6 | the appropriate officer by the end of the period for the
| ||||||
7 | filing of nomination papers unless he has filed a statement | ||||||
8 | of economic
interests in relation to the same governmental | ||||||
9 | unit with that officer
within a year preceding the date on | ||||||
10 | which such nomination papers were
filed. If the nomination | ||||||
11 | papers of any candidate and the statement of
economic | ||||||
12 | interest of that candidate are not required to be filed | ||||||
13 | with
the same officer, the candidate must file with the | ||||||
14 | officer with whom the
nomination papers are filed a receipt | ||||||
15 | from the officer with whom the
statement of economic | ||||||
16 | interests is filed showing the date on which such
statement | ||||||
17 | was filed. Such receipt shall be so filed not later than | ||||||
18 | the
last day on which nomination papers may be filed.
| ||||||
19 | (9) Any person for whom a petition for nomination, or | ||||||
20 | for committeeman or
for delegate or alternate delegate to a | ||||||
21 | national nominating convention has
been filed may cause his | ||||||
22 | name to be withdrawn by request in writing, signed
by him | ||||||
23 | and duly acknowledged before an officer qualified to take
| ||||||
24 | acknowledgments of deeds, and filed in the principal or | ||||||
25 | permanent branch
office of the State Board of Elections or | ||||||
26 | with the appropriate election
authority or local election |
| |||||||
| |||||||
1 | official, not later than the date of
certification of | ||||||
2 | candidates for the consolidated primary or general primary
| ||||||
3 | ballot. No names so withdrawn shall be certified or printed | ||||||
4 | on the
primary ballot. If petitions for nomination have | ||||||
5 | been filed for the
same person with respect to more than | ||||||
6 | one political party, his name
shall not be certified nor | ||||||
7 | printed on the primary ballot of any party.
If petitions | ||||||
8 | for nomination have been filed for the same person for 2 or
| ||||||
9 | more offices which are incompatible so that the same person | ||||||
10 | could not
serve in more than one of such offices if | ||||||
11 | elected, that person must
withdraw as a candidate for all | ||||||
12 | but one of such offices within the
5 business days | ||||||
13 | following the last day for petition filing. If he fails to
| ||||||
14 | withdraw as a candidate for all but one of such offices | ||||||
15 | within such time
his name shall not be certified, nor | ||||||
16 | printed on the primary ballot, for any
office. For the | ||||||
17 | purpose of the foregoing provisions, an office in a
| ||||||
18 | political party is not incompatible with any other office.
| ||||||
19 | (10)(a) Notwithstanding the provisions of any other | ||||||
20 | statute, no primary
shall be held for an established | ||||||
21 | political party in any township,
municipality, or ward | ||||||
22 | thereof, where the nomination of such
party for every | ||||||
23 | office to be voted upon by the electors of such
township, | ||||||
24 | municipality, or ward thereof, is uncontested. Whenever a
| ||||||
25 | political party's nomination of candidates is uncontested | ||||||
26 | as to one or
more, but not all, of the offices to be voted |
| |||||||
| |||||||
1 | upon by the electors of a
township, municipality, or ward | ||||||
2 | thereof, then a primary shall
be held for that party in | ||||||
3 | such township, municipality, or ward thereof;
provided | ||||||
4 | that the primary ballot shall not include those offices
| ||||||
5 | within such township, municipality, or ward thereof, for | ||||||
6 | which the
nomination is uncontested. For purposes of this | ||||||
7 | Article, the nomination
of an established political party | ||||||
8 | of a candidate for election to an office
shall be deemed to | ||||||
9 | be uncontested where not more than the number of persons
to | ||||||
10 | be nominated have timely filed valid nomination papers | ||||||
11 | seeking the
nomination of such party for election to such | ||||||
12 | office.
| ||||||
13 | (b) Notwithstanding the provisions of any other | ||||||
14 | statute, no primary
election shall be held for an | ||||||
15 | established political party for any special
primary | ||||||
16 | election called for the purpose of filling a vacancy in the | ||||||
17 | office
of representative in the United States Congress | ||||||
18 | where the nomination of
such political party for said | ||||||
19 | office is uncontested. For the purposes of
this Article, | ||||||
20 | the nomination of an established political party of a
| ||||||
21 | candidate for election to said office shall be deemed to be | ||||||
22 | uncontested
where not more than the number of persons to be | ||||||
23 | nominated have timely filed
valid nomination papers | ||||||
24 | seeking the nomination of such established party
for | ||||||
25 | election to said office. This subsection (b) shall not | ||||||
26 | apply if such
primary election is conducted on a regularly |
| |||||||
| |||||||
1 | scheduled election day.
| ||||||
2 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
3 | and (b) of this
paragraph (10), whenever a person who has | ||||||
4 | not timely filed valid nomination
papers and who intends to | ||||||
5 | become a write-in candidate for a political
party's | ||||||
6 | nomination for any office for which the nomination is | ||||||
7 | uncontested
files a written statement or notice of that | ||||||
8 | intent with the State Board of
Elections or the local | ||||||
9 | election official with whom nomination papers for
such | ||||||
10 | office are filed, a primary ballot shall be prepared and a | ||||||
11 | primary
shall be held for that office. Such statement or | ||||||
12 | notice shall be filed on
or before the date established in | ||||||
13 | this Article for certifying candidates
for the primary | ||||||
14 | ballot. Such statement or notice shall contain (i) the
name | ||||||
15 | and address of the person intending to become a write-in | ||||||
16 | candidate,
(ii) a statement that the person is a qualified | ||||||
17 | primary elector of the
political party from whom the | ||||||
18 | nomination is sought, (iii) a statement that
the person | ||||||
19 | intends to become a write-in candidate for the party's
| ||||||
20 | nomination, and (iv) the office the person is seeking as a | ||||||
21 | write-in
candidate. An election authority shall have no | ||||||
22 | duty to conduct a primary
and prepare a primary ballot for | ||||||
23 | any office for which the nomination is
uncontested unless a | ||||||
24 | statement or notice meeting the requirements of this
| ||||||
25 | Section is filed in a timely manner.
| ||||||
26 | (11) If multiple sets of nomination papers are filed |
| |||||||
| |||||||
1 | for a candidate to
the same office, the State Board of | ||||||
2 | Elections, appropriate election
authority or local | ||||||
3 | election official where the petitions are filed shall
| ||||||
4 | within 2 business days notify the candidate of his or her | ||||||
5 | multiple petition
filings and that the candidate has 3 | ||||||
6 | business days after receipt of the
notice to notify the | ||||||
7 | State Board of Elections, appropriate election
authority | ||||||
8 | or local election official that he or she may cancel prior | ||||||
9 | sets
of petitions. If the candidate notifies the State | ||||||
10 | Board of Elections,
appropriate election authority or | ||||||
11 | local election official, the last set of
petitions filed | ||||||
12 | shall be the only petitions to be considered valid by the
| ||||||
13 | State Board of Elections, election authority or local | ||||||
14 | election official. If
the candidate fails to notify the | ||||||
15 | State Board of Elections, election authority
or local
| ||||||
16 | election official then only the first set of petitions | ||||||
17 | filed shall be valid
and all subsequent petitions shall be | ||||||
18 | void.
| ||||||
19 | (12) All nominating petitions shall be available for | ||||||
20 | public inspection
and shall be preserved for a period of | ||||||
21 | not less than 6 months.
| ||||||
22 | (Source: P.A. 96-1008, eff. 7-6-10.)
| ||||||
23 | (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
| ||||||
24 | Sec. 10-4. Form of petition for nomination. All petitions | ||||||
25 | for nomination
under this Article 10 for
candidates for public |
| |||||||
| |||||||
1 | office in this State, shall in addition to other
requirements | ||||||
2 | provided by law, be as follows: Such petitions shall
consist of | ||||||
3 | sheets of uniform size and each sheet shall contain, above
the | ||||||
4 | space for signature, an appropriate heading, giving the | ||||||
5 | information
as to name of candidate or candidates in whose | ||||||
6 | behalf such petition is
signed; the office; the party; place of | ||||||
7 | residence; and such other
information or wording as required to | ||||||
8 | make same valid, and the heading
of each sheet shall be the | ||||||
9 | same. Such petition shall be signed by the
qualified voters in | ||||||
10 | their own proper persons only, and opposite the
signature of | ||||||
11 | each signer his residence address shall be written or
printed. | ||||||
12 | The residence address required to be written or printed
| ||||||
13 | opposite each qualified primary elector's name shall include | ||||||
14 | the street
address or rural route number of the signer, as the | ||||||
15 | case may be, as well as
the signer's county, and city, village | ||||||
16 | or town, and state. However,
the county or city, village or
| ||||||
17 | town, and state of residence of such electors may be printed on | ||||||
18 | the
petition forms where all of the such electors signing the | ||||||
19 | petition
reside in the same county or city, village or town, | ||||||
20 | and state. Standard
abbreviations may be used in writing the | ||||||
21 | residence address, including
street number, if any. No | ||||||
22 | signature shall be valid or be counted in
considering the | ||||||
23 | validity or sufficiency of such petition unless the
| ||||||
24 | requirements of this Section are complied with. At the bottom | ||||||
25 | of each
sheet of such petition shall be added a circulator's | ||||||
26 | statement, signed by a
person 18
years of age or older who is a |
| |||||||
| |||||||
1 | citizen of the United States; stating the street address or | ||||||
2 | rural route
number, as the case may be, as well as the county,
| ||||||
3 | city,
village or town, and state; certifying that the | ||||||
4 | signatures on that sheet of
the petition
were signed in his or | ||||||
5 | her presence; certifying that the signatures are
genuine;
and | ||||||
6 | either (1) indicating the dates on which that sheet was | ||||||
7 | circulated, or (2)
indicating the first and last dates on which | ||||||
8 | the sheet was circulated, or (3)
certifying that none of the | ||||||
9 | signatures on the sheet were signed more than 90
days preceding | ||||||
10 | the last day for the filing of the petition; and
certifying
| ||||||
11 | that to the best of his knowledge and belief the persons so | ||||||
12 | signing were at the
time of signing the petition duly | ||||||
13 | registered voters under Articles 4, 5 or 6 of
the Code of the | ||||||
14 | political subdivision or district for which the candidate or
| ||||||
15 | candidates shall be nominated, and certifying that their | ||||||
16 | respective residences
are correctly stated therein. Such | ||||||
17 | statement shall be sworn to before some
officer authorized to | ||||||
18 | administer oaths in this State. No petition sheet shall
be | ||||||
19 | circulated more than 90 days preceding the last day provided in | ||||||
20 | Section 10-6
for the filing of such petition. Such sheets, | ||||||
21 | before being presented to the
electoral board or filed with the | ||||||
22 | proper officer of the electoral district or
division of the | ||||||
23 | state or municipality, as the case may be, shall be neatly
| ||||||
24 | fastened together in book form, by placing the sheets in a pile | ||||||
25 | and fastening
them together at one edge in a secure and | ||||||
26 | suitable manner, and the sheets shall
then be numbered |
| |||||||
| |||||||
1 | consecutively. The sheets shall not be fastened by pasting
them | ||||||
2 | together end to end, so as to form a continuous strip or roll. | ||||||
3 | All
petition sheets which are filed with the proper local | ||||||
4 | election officials,
election authorities or the State Board of | ||||||
5 | Elections shall be the original
sheets which have been signed | ||||||
6 | by the voters and by the circulator, and not
photocopies or | ||||||
7 | duplicates of such sheets. A petition, when presented or
filed, | ||||||
8 | shall not be withdrawn, altered, or added to, and no signature | ||||||
9 | shall be
revoked except by revocation in writing presented or | ||||||
10 | filed with the officers or
officer with whom the petition is | ||||||
11 | required to be presented or filed, and before
the presentment | ||||||
12 | or filing of such petition. Whoever forges any name of a
signer | ||||||
13 | upon any petition shall be deemed guilty of a forgery, and on | ||||||
14 | conviction
thereof, shall be punished accordingly. The word | ||||||
15 | "petition" or "petition for
nomination", as used herein, shall | ||||||
16 | mean what is sometimes known as nomination
papers, in | ||||||
17 | distinction to what is known as a certificate of nomination. | ||||||
18 | The
words "political division for which the candidate is | ||||||
19 | nominated", or its
equivalent, shall mean the largest political | ||||||
20 | division in which all qualified
voters may vote upon such | ||||||
21 | candidate or candidates, as the state in the case of
state | ||||||
22 | officers; the township in the case of township officers et | ||||||
23 | cetera.
Provided, further, that no person shall circulate or | ||||||
24 | certify petitions for
candidates of more than one political | ||||||
25 | party, or for an independent candidate or
candidates in | ||||||
26 | addition to one political party, to be voted upon at the next
|
| |||||||
| |||||||
1 | primary or general election, or for such candidates and parties | ||||||
2 | with respect to
the same political subdivision at the next | ||||||
3 | consolidated election.
| ||||||
4 | Notwithstanding any other provision of law, a candidate may | ||||||
5 | choose, in lieu of filing a petition for nomination, to pay a | ||||||
6 | filing fee to the office of the State or local election | ||||||
7 | official charged with accepting nomination petitions for that | ||||||
8 | office. The filing fee shall be equal to 1% of the annual | ||||||
9 | salary of the office for which the candidate is seeking | ||||||
10 | nomination. If the candidate is seeking nomination for a | ||||||
11 | non-salaried office, then the filing fee shall be $50. | ||||||
12 | (Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01.)
| ||||||
13 | (10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1)
| ||||||
14 | Sec. 10-6.1.
The board or clerk with whom a certificate of | ||||||
15 | nomination or
nomination papers are filed shall notify the | ||||||
16 | person for whom such papers
are filed or for whom a nomination | ||||||
17 | fee described in Section 10-4 is paid of the obligation to file | ||||||
18 | statements of organization, reports
of campaign contributions, | ||||||
19 | and annual reports of campaign contributions
and expenditures | ||||||
20 | under Article 9 of this Act. Such notice shall be given
in the | ||||||
21 | manner prescribed by paragraph (7) of Section 9-16 of this | ||||||
22 | Code.
| ||||||
23 | (Source: P.A. 81-1189.)
|