100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB6000

 

Introduced , by Rep. Bill Mitchell

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-12  from Ch. 46, par. 7-12
10 ILCS 5/8-9  from Ch. 46, par. 8-9
10 ILCS 5/10-6.2  from Ch. 46, par. 10-6.2
10 ILCS 5/10-7  from Ch. 46, par. 10-7

    Amends the Election Code. Provides that a person's name can appear on a ballot under multiple political parties for the same office if he or she has met the nominating requirements for each political party. Makes conforming changes throughout the Code.


LRB100 24423 SMS 43737 b

 

 

A BILL FOR

 

HB6000LRB100 24423 SMS 43737 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing
5Sections 7-12, 8-9, 10-6.2., and 10-7 as follows:
 
6    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
7    Sec. 7-12. All petitions for nomination shall be filed by
8mail or in person as follows:
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
13    in one county and partly in another county or counties,
14    then, except as otherwise provided in this Section, such
15    petition for nomination shall be filed in the principal
16    office of the State Board of Elections not more than 113
17    and not less than 106 days prior to the date of the
18    primary, but, in the case of petitions for nomination to
19    fill a vacancy by special election in the office of
20    representative in Congress from this State, such petition
21    for nomination shall be filed in the principal office of
22    the State Board of Elections not more than 85 days and not
23    less than 82 days prior to the date of the primary.

 

 

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1        Where a vacancy occurs in the office of Supreme,
2    Appellate or Circuit Court Judge within the 3-week period
3    preceding the 106th day before a general primary election,
4    petitions for nomination for the office in which the
5    vacancy has occurred shall be filed in the principal office
6    of the State Board of Elections not more than 92 nor less
7    than 85 days prior to the date of the general primary
8    election.
9        Where the nomination is to be made for delegates or
10    alternate delegates to a national nominating convention,
11    then such petition for nomination shall be filed in the
12    principal office of the State Board of Elections not more
13    than 113 and not less than 106 days prior to the date of
14    the primary; provided, however, that if the rules or
15    policies of a national political party conflict with such
16    requirements for filing petitions for nomination for
17    delegates or alternate delegates to a national nominating
18    convention, the chair of the State central committee of
19    such national political party shall notify the Board in
20    writing, citing by reference the rules or policies of the
21    national political party in conflict, and in such case the
22    Board shall direct such petitions to be filed in accordance
23    with the delegate selection plan adopted by the state
24    central committee of such national political party.
25        (2) Where the nomination is to be made for a county
26    office or trustee of a sanitary district then such petition

 

 

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1    shall be filed in the office of the county clerk not more
2    than 113 nor less than 106 days prior to the date of the
3    primary.
4        (3) Where the nomination is to be made for a municipal
5    or township office, such petitions for nomination shall be
6    filed in the office of the local election official, not
7    more than 99 nor less than 92 days prior to the date of the
8    primary; provided, where a municipality's or township's
9    boundaries are coextensive with or are entirely within the
10    jurisdiction of a municipal board of election
11    commissioners, the petitions shall be filed in the office
12    of such board; and provided, that petitions for the office
13    of multi-township assessor shall be filed with the election
14    authority.
15        (4) The petitions of candidates for State central
16    committeeperson shall be filed in the principal office of
17    the State Board of Elections not more than 113 nor less
18    than 106 days prior to the date of the primary.
19        (5) Petitions of candidates for precinct, township or
20    ward committeepersons shall be filed in the office of the
21    county clerk not more than 113 nor less than 106 days prior
22    to the date of the primary.
23        (6) The State Board of Elections and the various
24    election authorities and local election officials with
25    whom such petitions for nominations are filed shall specify
26    the place where filings shall be made and upon receipt

 

 

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1    shall endorse thereon the day and hour on which each
2    petition was filed. All petitions filed by persons waiting
3    in line as of 8:00 a.m. on the first day for filing, or as
4    of the normal opening hour of the office involved on such
5    day, shall be deemed filed as of 8:00 a.m. or the normal
6    opening hour, as the case may be. Petitions filed by mail
7    and received after midnight of the first day for filing and
8    in the first mail delivery or pickup of that day shall be
9    deemed as filed as of 8:00 a.m. of that day or as of the
10    normal opening hour of such day, as the case may be. All
11    petitions received thereafter shall be deemed as filed in
12    the order of actual receipt. However, 2 or more petitions
13    filed within the last hour of the filing deadline shall be
14    deemed filed simultaneously. Where 2 or more petitions are
15    received simultaneously, the State Board of Elections or
16    the various election authorities or local election
17    officials with whom such petitions are filed shall break
18    ties and determine the order of filing, by means of a
19    lottery or other fair and impartial method of random
20    selection approved by the State Board of Elections. Such
21    lottery shall be conducted within 9 days following the last
22    day for petition filing and shall be open to the public.
23    Seven days written notice of the time and place of
24    conducting such random selection shall be given by the
25    State Board of Elections to the chair of the State central
26    committee of each established political party, and by each

 

 

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1    election authority or local election official, to the
2    County Chair of each established political party, and to
3    each organization of citizens within the election
4    jurisdiction which was entitled, under this Article, at the
5    next preceding election, to have pollwatchers present on
6    the day of election. The State Board of Elections, election
7    authority or local election official shall post in a
8    conspicuous, open and public place, at the entrance of the
9    office, notice of the time and place of such lottery. The
10    State Board of Elections shall adopt rules and regulations
11    governing the procedures for the conduct of such lottery.
12    All candidates shall be certified in the order in which
13    their petitions have been filed. Where candidates have
14    filed simultaneously, they shall be certified in the order
15    determined by lot and prior to candidates who filed for the
16    same office at a later time.
17        (7) The State Board of Elections or the appropriate
18    election authority or local election official with whom
19    such a petition for nomination is filed shall notify the
20    person for whom a petition for nomination has been filed of
21    the obligation to file statements of organization, reports
22    of campaign contributions, and annual reports of campaign
23    contributions and expenditures under Article 9 of this Act.
24    Such notice shall be given in the manner prescribed by
25    paragraph (7) of Section 9-16 of this Code.
26        (8) Nomination papers filed under this Section are not

 

 

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1    valid if the candidate named therein fails to file a
2    statement of economic interests as required by the Illinois
3    Governmental Ethics Act in relation to his candidacy with
4    the appropriate officer by the end of the period for the
5    filing of nomination papers unless he has filed a statement
6    of economic interests in relation to the same governmental
7    unit with that officer within a year preceding the date on
8    which such nomination papers were filed. If the nomination
9    papers of any candidate and the statement of economic
10    interest of that candidate are not required to be filed
11    with the same officer, the candidate must file with the
12    officer with whom the nomination papers are filed a receipt
13    from the officer with whom the statement of economic
14    interests is filed showing the date on which such statement
15    was filed. Such receipt shall be so filed not later than
16    the last day on which nomination papers may be filed.
17        (9) Any person for whom a petition for nomination, or
18    for committeeperson or for delegate or alternate delegate
19    to a national nominating convention has been filed may
20    cause his name to be withdrawn by request in writing,
21    signed by him and duly acknowledged before an officer
22    qualified to take acknowledgments of deeds, and filed in
23    the principal or permanent branch office of the State Board
24    of Elections or with the appropriate election authority or
25    local election official, not later than the date of
26    certification of candidates for the consolidated primary

 

 

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1    or general primary ballot. No names so withdrawn shall be
2    certified or printed on the primary ballot. If petitions
3    for nomination have been filed for the same person with
4    respect to more than one political party, his or her name
5    shall be certified for each political party meeting its
6    respective nominating requirements and his or her name
7    shall be printed on the primary ballot as the candidate for
8    each such party his name shall not be certified nor printed
9    on the primary ballot of any party. If petitions for
10    nomination have been filed for the same person for 2 or
11    more offices which are incompatible so that the same person
12    could not serve in more than one of such offices if
13    elected, that person must withdraw as a candidate for all
14    but one of such offices within the 5 business days
15    following the last day for petition filing. A candidate in
16    a judicial election may file petitions for nomination for
17    only one vacancy in a subcircuit and only one vacancy in a
18    circuit in any one filing period, and if petitions for
19    nomination have been filed for the same person for 2 or
20    more vacancies in the same circuit or subcircuit in the
21    same filing period, his or her name shall be certified only
22    for the first vacancy for which the petitions for
23    nomination were filed. If he fails to withdraw as a
24    candidate for all but one of such offices within such time
25    his name shall not be certified, nor printed on the primary
26    ballot, for any office. For the purpose of the foregoing

 

 

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1    provisions, an office in a political party is not
2    incompatible with any other office.
3        (10)(a) Notwithstanding the provisions of any other
4    statute, no primary shall be held for an established
5    political party in any township, municipality, or ward
6    thereof, where the nomination of such party for every
7    office to be voted upon by the electors of such township,
8    municipality, or ward thereof, is uncontested. Whenever a
9    political party's nomination of candidates is uncontested
10    as to one or more, but not all, of the offices to be voted
11    upon by the electors of a township, municipality, or ward
12    thereof, then a primary shall be held for that party in
13    such township, municipality, or ward thereof; provided
14    that the primary ballot shall not include those offices
15    within such township, municipality, or ward thereof, for
16    which the nomination is uncontested. For purposes of this
17    Article, the nomination of an established political party
18    of a candidate for election to an office shall be deemed to
19    be uncontested where not more than the number of persons to
20    be nominated have timely filed valid nomination papers
21    seeking the nomination of such party for election to such
22    office.
23        (b) Notwithstanding the provisions of any other
24    statute, no primary election shall be held for an
25    established political party for any special primary
26    election called for the purpose of filling a vacancy in the

 

 

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1    office of representative in the United States Congress
2    where the nomination of such political party for said
3    office is uncontested. For the purposes of this Article,
4    the nomination of an established political party of a
5    candidate for election to said office shall be deemed to be
6    uncontested where not more than the number of persons to be
7    nominated have timely filed valid nomination papers
8    seeking the nomination of such established party for
9    election to said office. This subsection (b) shall not
10    apply if such primary election is conducted on a regularly
11    scheduled election day.
12        (c) Notwithstanding the provisions in subparagraph (a)
13    and (b) of this paragraph (10), whenever a person who has
14    not timely filed valid nomination papers and who intends to
15    become a write-in candidate for a political party's
16    nomination for any office for which the nomination is
17    uncontested files a written statement or notice of that
18    intent with the State Board of Elections or the local
19    election official with whom nomination papers for such
20    office are filed, a primary ballot shall be prepared and a
21    primary shall be held for that office. Such statement or
22    notice shall be filed on or before the date established in
23    this Article for certifying candidates for the primary
24    ballot. Such statement or notice shall contain (i) the name
25    and address of the person intending to become a write-in
26    candidate, (ii) a statement that the person is a qualified

 

 

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1    primary elector of the political party from whom the
2    nomination is sought, (iii) a statement that the person
3    intends to become a write-in candidate for the party's
4    nomination, and (iv) the office the person is seeking as a
5    write-in candidate. An election authority shall have no
6    duty to conduct a primary and prepare a primary ballot for
7    any office for which the nomination is uncontested unless a
8    statement or notice meeting the requirements of this
9    Section is filed in a timely manner.
10        (11) Except as otherwise provided in this paragraph, if
11    If multiple sets of nomination papers are filed for a
12    candidate to the same office, the State Board of Elections,
13    appropriate election authority or local election official
14    where the petitions are filed shall within 2 business days
15    notify the candidate of his or her multiple petition
16    filings and that the candidate has 3 business days after
17    receipt of the notice to notify the State Board of
18    Elections, appropriate election authority or local
19    election official that he or she may cancel prior sets of
20    petitions. If the candidate notifies the State Board of
21    Elections, appropriate election authority or local
22    election official, the last set of petitions filed shall be
23    the only petitions to be considered valid by the State
24    Board of Elections, election authority or local election
25    official. If the candidate fails to notify the State Board
26    of Elections, election authority or local election

 

 

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1    official then only the first set of petitions filed shall
2    be valid and all subsequent petitions shall be void.
3    However, if multiple sets of nomination papers are filed
4    for a candidate to the same office, each by a different
5    political party, then each set of petitions filed shall be
6    valid.
7        (12) All nominating petitions shall be available for
8    public inspection and shall be preserved for a period of
9    not less than 6 months.
10(Source: P.A. 99-221, eff. 7-31-15; 100-1027, eff. 1-1-19.)
 
11    (10 ILCS 5/8-9)  (from Ch. 46, par. 8-9)
12    Sec. 8-9. All petitions for nomination shall be filed by
13mail or in person as follows:
14        (1) Where the nomination is made for a legislative
15    office, such petition for nomination shall be filed in the
16    principal office of the State Board of Elections not more
17    than 113 and not less than 106 days prior to the date of
18    the primary.
19        (2) The State Board of Elections shall, upon receipt of
20    each petition, endorse thereon the day and hour on which it
21    was filed. Petitions filed by mail and received after
22    midnight on the first day for filing and in the first mail
23    delivery or pickup of that day, shall be deemed as filed as
24    of 8:00 a.m. of that day or as of the normal opening hour
25    of such day as the case may be, and all petitions received

 

 

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1    thereafter shall be deemed as filed in the order of actual
2    receipt. However, 2 or more petitions filed within the last
3    hour of the filing deadline shall be deemed to have been
4    filed simultaneously. Where 2 or more petitions are
5    received simultaneously, the State Board of Elections
6    shall break ties and determine the order of filing, by
7    means of a lottery as provided in Section 7-12 of this
8    Code.
9        (3) Any person for whom a petition for nomination has
10    been filed, may cause his name to be withdrawn by a request
11    in writing, signed by him, duly acknowledged before an
12    officer qualified to take acknowledgments of deeds, and
13    filed in the principal or permanent branch office of the
14    State Board of Elections not later than the date of
15    certification of candidates for the general primary
16    ballot, and no names so withdrawn shall be certified by the
17    State Board of Elections to the county clerk, or printed on
18    the primary ballot. If petitions for nomination have been
19    filed for the same person with respect to more than one
20    political party, his or her name shall be certified for
21    each political party meeting its respective nominating
22    requirements and his or her name shall be printed on the
23    primary ballot as the candidate for each such party his
24    name shall not be certified nor printed on the primary
25    ballot of any party. If petitions for nomination have been
26    filed for the same person for 2 or more offices which are

 

 

HB6000- 13 -LRB100 24423 SMS 43737 b

1    incompatible so that the same person could not serve in
2    more than one of such offices if elected, that person must
3    withdraw as a candidate for all but one of such offices
4    within the 5 business days following the last day for
5    petition filing. If he fails to withdraw as a candidate for
6    all but one of such offices within such time, his name
7    shall not be certified, nor printed on the primary ballot,
8    for any office. For the purpose of the foregoing
9    provisions, an office in a political party is not
10    incompatible with any other office.
11        (4) Except as otherwise provided in this paragraph, if
12    If multiple sets of nomination papers are filed for a
13    candidate to the same office, the State Board of Elections
14    shall within 2 business days notify the candidate of his or
15    her multiple petition filings and that the candidate has 3
16    business days after receipt of the notice to notify the
17    State Board of Elections that he or she may cancel prior
18    sets of petitions. If the candidate notifies the State
19    Board of Elections the last set of petitions filed shall be
20    the only petitions to be considered valid by the State
21    Board of Elections. If the candidate fails to notify the
22    State Board then only the first set of petitions filed
23    shall be valid and all subsequent petitions shall be void.
24    However, if multiple sets of nomination papers are filed
25    for a candidate to the same office, each by a different
26    political party, then each set of petitions filed shall be

 

 

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1    valid.
2(Source: P.A. 98-115, eff. 7-29-13.)
 
3    (10 ILCS 5/10-6.2)  (from Ch. 46, par. 10-6.2)
4    Sec. 10-6.2. The State Board of Elections, the election
5authority or the local election official with whom petitions
6for nomination are filed pursuant to this Article 10 shall
7specify the place where filings shall be made and upon receipt
8shall endorse thereon the day and the hour at which each
9petition was filed. Except as provided by Article 9 of The
10School Code, all petitions filed by persons waiting in line as
11of 8:00 a.m. on the first day for filing, or as of the normal
12opening hour of the office involved on such day, shall be
13deemed filed as of 8:00 a.m. or the normal opening hour, as the
14case may be. Petitions filed by mail and received after
15midnight of the first day for filing and in the first mail
16delivery or pickup of that day shall be deemed filed as of 8:00
17a.m. of that day or as of the normal opening hour of such day,
18as the case may be. All petitions received thereafter shall be
19deemed filed in the order of actual receipt. However, 2 or more
20petitions filed within the last hour of the filing deadline
21shall be deemed filed simultaneously. Where 2 or more petitions
22are received simultaneously, the State Board of Elections, the
23election authority or the local election official with whom
24such petitions are filed shall break ties and determine the
25order of filing by means of a lottery or other fair and

 

 

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1impartial method of random selection approved by the State
2Board of Elections. Such lottery shall be conducted within 9
3days following the last day for petition filing and shall be
4open to the public. Seven days written notice of the time and
5place of conducting such random selection shall be given, by
6the State Board of Elections, the election authority, or local
7election official, to the Chair of each political party, and to
8each organization of citizens within the election jurisdiction
9which was entitled, under this Code, at the next preceding
10election, to have pollwatchers present on the day of election.
11The State Board of Elections, the election authority or local
12election official shall post in a conspicuous, open and public
13place, at the entrance of the office, notice of the time and
14place of such lottery. The State Board of Elections shall adopt
15rules and regulations governing the procedures for the conduct
16of such lottery. All candidates shall be certified in the order
17in which their petitions have been filed and in the manner
18prescribed by Section 10-14 and 10-15 of this Article. Where
19candidates have filed simultaneously, they shall be certified
20in the order determined by lot and prior to candidates who
21filed for the same office or offices at a later time.
22Certificates of nomination filed within the period prescribed
23in Section 10-6(2) for candidates nominated by caucus for
24township or municipal offices shall be subject to the ballot
25placement lottery for established political parties prescribed
26in Section 7-60 of this Code.

 

 

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1    Except as otherwise provided in this paragraph, if If
2multiple sets of nomination papers are filed for a candidate to
3the same office, the State Board of Elections, appropriate
4election authority or local election official where the
5petitions are filed shall within 2 business days notify the
6candidate of his or her multiple petition filings and that the
7candidate has 3 business days after receipt of the notice to
8notify the State Board of Elections, appropriate election
9authority or local election official that he or she may cancel
10prior sets of petitions. If the candidate notifies the State
11Board of Elections, appropriate election authority or local
12election official, the last set of petitions filed shall be the
13only petitions to be considered valid by the State Board of
14Elections, election authority or local election official. If
15the candidate fails to notify the State Board of Elections,
16appropriate election authority or local election official then
17only the first set of petitions filed shall be valid and all
18subsequent petitions shall be void. However, if multiple sets
19of nomination papers are filed for a candidate to the same
20office, each by a different political party, then each set of
21petitions filed shall be valid.
22(Source: P.A. 100-1027, eff. 1-1-19.)
 
23    (10 ILCS 5/10-7)  (from Ch. 46, par. 10-7)
24    Sec. 10-7. Any person whose name has been presented as a
25candidate, including nonpartisan and independent candidates,

 

 

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1may cause his name to be withdrawn from any such nomination by
2his request in writing, signed by him and duly acknowledged
3before an officer qualified to take acknowledgment of deeds,
4and presented to the principal office or permanent branch
5office of the Board, the election authority, or the local
6election official, as the case may be, not later than the date
7for certification of candidates for the ballot. No name so
8withdrawn shall be printed upon the ballots under the party
9appellation or title from which the candidate has withdrawn his
10name. If such a request for withdrawal is received after the
11date for certification of the candidates for the ballot, then
12the votes cast for the withdrawn candidate are invalid and
13shall not be reported by the election authority. If the name of
14the same person has been presented as a candidate for 2 or more
15offices which are incompatible so that the same person could
16not serve in more than one of such offices if elected, that
17person must withdraw as a candidate for all but one of such
18offices within the 5 business days following the last day for
19petition filing. If he fails to withdraw as a candidate for all
20but one of such offices within such time, his name shall not be
21certified, nor printed on the ballot, for any office. However,
22nothing in this section shall be construed as precluding a
23judge who is seeking retention in office from also being a
24candidate for another judicial office. Except as otherwise
25herein provided, in case the certificate of nomination or
26petition as provided for in this Article shall contain or

 

 

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1exhibit the name of any candidate for any office upon more than
2one of said certificates or petitions (for the same office),
3then and in that case the Board or election authority or local
4election official, as the case may be, shall permit the name of
5said candidate to appear or be printed or placed upon said
6ballot under each political party appellation or group
7appearing on each certificate of nomination or petition
8immediately notify said candidate of said fact and that his
9name appears unlawfully upon more than one of said certificates
10or petitions and that within 3 days from the receipt of said
11notification, said candidate must elect as to which of said
12political party appellations or groups he desires his name to
13appear and remain under upon said ballot, and if said candidate
14refuses, fails or neglects to make such election, then and in
15that case the Board or election authority or local election
16official, as the case may be, shall permit the name of said
17candidate to appear or be printed or placed upon said ballot
18only under the political party appellation or group appearing
19on the certificate of nomination or petition, as the case may
20be, first filed, and shall strike or cause to be stricken the
21name of said candidate from all certificates of nomination and
22petitions filed after the first such certificate of nomination
23or petition.
24    Whenever the name of a candidate for an office is withdrawn
25from a new political party petition, it shall constitute a
26vacancy in nomination for that office which may be filled in

 

 

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1accordance with Section 10-11 of this Article; provided, that
2if the names of all candidates for all offices on a new
3political party petition are withdrawn or such petition is
4declared invalid by an electoral board or upon judicial review,
5no vacancies in nomination for those offices shall exist and
6the filing of any notice or resolution purporting to fill
7vacancies in nomination shall have no legal effect.
8    Whenever the name of an independent candidate for an office
9is withdrawn or an independent candidate's petition is declared
10invalid by an electoral board or upon judicial review, no
11vacancy in nomination for that office shall exist and the
12filing of any notice or resolution purporting to fill a vacancy
13in nomination shall have no legal effect.
14    All certificates of nomination and nomination papers when
15presented or filed shall be open, under proper regulation, to
16public inspection, and the State Board of Elections and the
17several election authorities and local election officials
18having charge of nomination papers shall preserve the same in
19their respective offices not less than 6 months.
20(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15.)