103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB4361

 

Introduced 1/16/2024, by Rep. Maurice A. West, II

 

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

    Amends the Election Code. Requires a person who has not timely filed valid nomination papers and who intends to become a write-in candidate for a political party's nomination for any office for which the nomination is uncontested to file a written statement or notice of that intent with the local election official where the candidate is seeking to appear on the ballot (rather than to file a written statement or notice of that intent with the State Board of Elections or the local election official with whom nomination papers for such office are filed).


LRB103 35660 AWJ 65735 b

 

 

A BILL FOR

 

HB4361LRB103 35660 AWJ 65735 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 7-5 and 7-12 as follows:
 
6    (10 ILCS 5/7-5)  (from Ch. 46, par. 7-5)
7    Sec. 7-5. (a) Primary elections shall be held on the dates
8prescribed in Article 2A.
9    (b) Notwithstanding the provisions of any other statute,
10no primary shall be held for an established political party in
11any township, municipality, or ward thereof, where the
12nomination of such party for every office to be voted upon by
13the electors of such township, municipality, or ward thereof,
14is uncontested. Whenever a political party's nomination of
15candidates is uncontested as to one or more, but not all, of
16the offices to be voted upon by the electors of a township,
17municipality, or ward thereof, then a primary shall be held
18for that party in such township, municipality, or ward
19thereof; provided that the primary ballot shall not include
20those offices within such township, municipality, or ward
21thereof, for which the nomination is uncontested. For purposes
22of this Article, the nomination of an established political
23party of a candidate for election to an office shall be deemed

 

 

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1to be uncontested where not more than the number of persons to
2be nominated have timely filed valid nomination papers seeking
3the nomination of such party for election to such office.
4    (c) Notwithstanding the provisions of any other statute,
5no primary election shall be held for an established political
6party for any special primary election called for the purpose
7of filling a vacancy in the office of representative in the
8United States Congress where the nomination of such political
9party for said office is uncontested. For the purposes of this
10Article, the nomination of an established political party of a
11candidate for election to said office shall be deemed to be
12uncontested where not more than the number of persons to be
13nominated have timely filed valid nomination papers seeking
14the nomination of such established party for election to said
15office. This subsection (c) shall not apply if such primary
16election is conducted on a regularly scheduled election day.
17    (d) Notwithstanding the provisions in subsection (b) and
18(c) of this Section, whenever a person who has not timely filed
19valid nomination papers and who intends to become a write-in
20candidate for a political party's nomination for any office
21for which the nomination is uncontested files a written
22statement or notice of that intent with the State Board of
23Elections or the local election official where the candidate
24is seeking to appear on the ballot with whom nomination papers
25for such office are filed, a primary ballot shall be prepared
26and a primary shall be held for that office. Such statement or

 

 

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1notice shall be filed on or before the date established in this
2Article for certifying candidates for the primary ballot. Such
3statement or notice shall contain (i) the name and address of
4the person intending to become a write-in candidate, (ii) a
5statement that the person is a qualified primary elector of
6the political party from whom the nomination is sought, (iii)
7a statement that the person intends to become a write-in
8candidate for the party's nomination, and (iv) the office the
9person is seeking as a write-in candidate. An election
10authority shall have no duty to conduct a primary and prepare a
11primary ballot for any office for which the nomination is
12uncontested, unless a statement or notice meeting the
13requirements of this Section is filed in a timely manner.
14    (e) The polls shall be open from 6:00 a.m. to 7:00 p.m.
15(Source: P.A. 86-873.)
 
16    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
17    Sec. 7-12. All petitions for nomination shall be filed by
18mail or in person as follows:
19        (1) Except as otherwise provided in this Code, where
20    the nomination is to be made for a State, congressional,
21    or judicial office, or for any office a nomination for
22    which is made for a territorial division or district which
23    comprises more than one county or is partly in one county
24    and partly in another county or counties (including the
25    Fox Metro Water Reclamation District), then, except as

 

 

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1    otherwise provided in this Section, such petition for
2    nomination shall be filed in the principal office of the
3    State Board of Elections not more than 113 and not less
4    than 106 days prior to the date of the primary, but, in the
5    case of petitions for nomination to fill a vacancy by
6    special election in the office of representative in
7    Congress from this State, such petition for nomination
8    shall be filed in the principal office of the State Board
9    of Elections not more than 85 days and not less than 82
10    days prior to the date of the primary.
11        Where a vacancy occurs in the office of Supreme,
12    Appellate or Circuit Court Judge within the 3-week period
13    preceding the 106th day before a general primary election,
14    petitions for nomination for the office in which the
15    vacancy has occurred shall be filed in the principal
16    office of the State Board of Elections not more than 92 nor
17    less than 85 days prior to the date of the general primary
18    election.
19        Where the nomination is to be made for delegates or
20    alternate delegates to a national nominating convention,
21    then such petition for nomination shall be filed in the
22    principal office of the State Board of Elections not more
23    than 113 and not less than 106 days prior to the date of
24    the primary; provided, however, that if the rules or
25    policies of a national political party conflict with such
26    requirements for filing petitions for nomination for

 

 

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1    delegates or alternate delegates to a national nominating
2    convention, the chair of the State central committee of
3    such national political party shall notify the Board in
4    writing, citing by reference the rules or policies of the
5    national political party in conflict, and in such case the
6    Board shall direct such petitions to be filed in
7    accordance with the delegate selection plan adopted by the
8    state central committee of such national political party.
9        (2) Where the nomination is to be made for a county
10    office or trustee of a sanitary district then such
11    petition shall be filed in the office of the county clerk
12    not more than 113 nor less than 106 days prior to the date
13    of the primary.
14        (3) Where the nomination is to be made for a municipal
15    or township office, such petitions for nomination shall be
16    filed in the office of the local election official, not
17    more than 99 nor less than 92 days prior to the date of the
18    primary; provided, where a municipality's or township's
19    boundaries are coextensive with or are entirely within the
20    jurisdiction of a municipal board of election
21    commissioners, the petitions shall be filed in the office
22    of such board; and provided, that petitions for the office
23    of multi-township assessor shall be filed with the
24    election authority.
25        (4) The petitions of candidates for State central
26    committeeperson shall be filed in the principal office of

 

 

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1    the State Board of Elections not more than 113 nor less
2    than 106 days prior to the date of the primary.
3        (5) Petitions of candidates for precinct, township or
4    ward committeepersons shall be filed in the office of the
5    county clerk not more than 113 nor less than 106 days prior
6    to the date of the primary.
7        (6) The State Board of Elections and the various
8    election authorities and local election officials with
9    whom such petitions for nominations are filed shall
10    specify the place where filings shall be made and upon
11    receipt shall endorse thereon the day and hour on which
12    each petition was filed. All petitions filed by persons
13    waiting in line as of 8:00 a.m. on the first day for
14    filing, or as of the normal opening hour of the office
15    involved on such day, shall be deemed filed as of 8:00 a.m.
16    or the normal opening hour, as the case may be. Petitions
17    filed by mail and received after midnight of the first day
18    for filing and in the first mail delivery or pickup of that
19    day shall be deemed as filed as of 8:00 a.m. of that day or
20    as of the normal opening hour of such day, as the case may
21    be. All petitions received thereafter shall be deemed as
22    filed in the order of actual receipt. However, 2 or more
23    petitions filed within the last hour of the filing
24    deadline shall be deemed filed simultaneously. Where 2 or
25    more petitions are received simultaneously, the State
26    Board of Elections or the various election authorities or

 

 

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1    local election officials with whom such petitions are
2    filed shall break ties and determine the order of filing,
3    by means of a lottery or other fair and impartial method of
4    random selection approved by the State Board of Elections.
5    Such lottery shall be conducted within 9 days following
6    the last day for petition filing and shall be open to the
7    public. Seven days written notice of the time and place of
8    conducting such random selection shall be given by the
9    State Board of Elections to the chair of the State central
10    committee of each established political party, and by each
11    election authority or local election official, to the
12    County Chair of each established political party, and to
13    each organization of citizens within the election
14    jurisdiction which was entitled, under this Article, at
15    the next preceding election, to have pollwatchers present
16    on the day of election. The State Board of Elections,
17    election authority or local election official shall post
18    in a conspicuous, open and public place, at the entrance
19    of the office, notice of the time and place of such
20    lottery. The State Board of Elections shall adopt rules
21    and regulations governing the procedures for the conduct
22    of such lottery. All candidates shall be certified in the
23    order in which their petitions have been filed. Where
24    candidates have filed simultaneously, they shall be
25    certified in the order determined by lot and prior to
26    candidates who filed for the same office at a later time.

 

 

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1        (7) The State Board of Elections or the appropriate
2    election authority or local election official with whom
3    such a petition for nomination is filed shall notify the
4    person for whom a petition for nomination has been filed
5    of the obligation to file statements of organization,
6    reports of campaign contributions, and annual reports of
7    campaign contributions and expenditures under Article 9 of
8    this Code. Such notice shall be given in the manner
9    prescribed by paragraph (7) of Section 9-16 of this Code.
10        (8) Nomination papers filed under this Section are not
11    valid if the candidate named therein fails to file a
12    statement of economic interests as required by the
13    Illinois Governmental Ethics Act in relation to his
14    candidacy with the appropriate officer by the end of the
15    period for the filing of nomination papers unless he has
16    filed a statement of economic interests in relation to the
17    same governmental unit with that officer within a year
18    preceding the date on which such nomination papers were
19    filed. If the nomination papers of any candidate and the
20    statement of economic interest of that candidate are not
21    required to be filed with the same officer, the candidate
22    must file with the officer with whom the nomination papers
23    are filed a receipt from the officer with whom the
24    statement of economic interests is filed showing the date
25    on which such statement was filed. Such receipt shall be
26    so filed not later than the last day on which nomination

 

 

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1    papers may be filed.
2        (9) Except as otherwise provided in this Code, any
3    person for whom a petition for nomination, or for
4    committeeperson or for delegate or alternate delegate to a
5    national nominating convention has been filed may cause
6    his name to be withdrawn by request in writing, signed by
7    him and duly acknowledged before an officer qualified to
8    take acknowledgments of deeds, and filed in the principal
9    or permanent branch office of the State Board of Elections
10    or with the appropriate election authority or local
11    election official, not later than the date of
12    certification of candidates for the consolidated primary
13    or general primary ballot. No names so withdrawn shall be
14    certified or printed on the primary ballot. If petitions
15    for nomination have been filed for the same person with
16    respect to more than one political party, his name shall
17    not be certified nor printed on the primary ballot of any
18    party. If petitions for nomination have been filed for the
19    same person for 2 or more offices which are incompatible
20    so that the same person could not serve in more than one of
21    such offices if elected, that person must withdraw as a
22    candidate for all but one of such offices within the 5
23    business days following the last day for petition filing.
24    A candidate in a judicial election may file petitions for
25    nomination for only one vacancy in a subcircuit and only
26    one vacancy in a circuit in any one filing period, and if

 

 

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1    petitions for nomination have been filed for the same
2    person for 2 or more vacancies in the same circuit or
3    subcircuit in the same filing period, his or her name
4    shall be certified only for the first vacancy for which
5    the petitions for nomination were filed. If he fails to
6    withdraw as a candidate for all but one of such offices
7    within such time his name shall not be certified, nor
8    printed on the primary ballot, for any office. For the
9    purpose of the foregoing provisions, an office in a
10    political party is not incompatible with any other office.
11        (10)(a) Notwithstanding the provisions of any other
12    statute, no primary shall be held for an established
13    political party in any township, municipality, or ward
14    thereof, where the nomination of such party for every
15    office to be voted upon by the electors of such township,
16    municipality, or ward thereof, is uncontested. Whenever a
17    political party's nomination of candidates is uncontested
18    as to one or more, but not all, of the offices to be voted
19    upon by the electors of a township, municipality, or ward
20    thereof, then a primary shall be held for that party in
21    such township, municipality, or ward thereof; provided
22    that the primary ballot shall not include those offices
23    within such township, municipality, or ward thereof, for
24    which the nomination is uncontested. For purposes of this
25    Article, the nomination of an established political party
26    of a candidate for election to an office shall be deemed to

 

 

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1    be uncontested where not more than the number of persons
2    to be nominated have timely filed valid nomination papers
3    seeking the nomination of such party for election to such
4    office.
5        (b) Notwithstanding the provisions of any other
6    statute, no primary election shall be held for an
7    established political party for any special primary
8    election called for the purpose of filling a vacancy in
9    the office of representative in the United States Congress
10    where the nomination of such political party for said
11    office is uncontested. For the purposes of this Article,
12    the nomination of an established political party of a
13    candidate for election to said office shall be deemed to
14    be uncontested where not more than the number of persons
15    to be nominated have timely filed valid nomination papers
16    seeking the nomination of such established party for
17    election to said office. This subsection (b) shall not
18    apply if such primary election is conducted on a regularly
19    scheduled election day.
20        (c) Notwithstanding the provisions in subparagraph (a)
21    and (b) of this paragraph (10), whenever a person who has
22    not timely filed valid nomination papers and who intends
23    to become a write-in candidate for a political party's
24    nomination for any office for which the nomination is
25    uncontested files a written statement or notice of that
26    intent with the State Board of Elections or the local

 

 

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1    election official where the candidate is seeking to appear
2    on the ballot with whom nomination papers for such office
3    are filed, a primary ballot shall be prepared and a
4    primary shall be held for that office. Such statement or
5    notice shall be filed on or before the date established in
6    this Article for certifying candidates for the primary
7    ballot. Such statement or notice shall contain (i) the
8    name and address of the person intending to become a
9    write-in candidate, (ii) a statement that the person is a
10    qualified primary elector of the political party from whom
11    the nomination is sought, (iii) a statement that the
12    person intends to become a write-in candidate for the
13    party's nomination, and (iv) the office the person is
14    seeking as a write-in candidate. An election authority
15    shall have no duty to conduct a primary and prepare a
16    primary ballot for any office for which the nomination is
17    uncontested unless a statement or notice meeting the
18    requirements of this Section is filed in a timely manner.
19        (11) If multiple sets of nomination papers are filed
20    for a candidate to the same office, the State Board of
21    Elections, appropriate election authority or local
22    election official where the petitions are filed shall
23    within 2 business days notify the candidate of his or her
24    multiple petition filings and that the candidate has 3
25    business days after receipt of the notice to notify the
26    State Board of Elections, appropriate election authority

 

 

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1    or local election official that he or she may cancel prior
2    sets of petitions. If the candidate notifies the State
3    Board of Elections, appropriate election authority or
4    local election official, the last set of petitions filed
5    shall be the only petitions to be considered valid by the
6    State Board of Elections, election authority or local
7    election official. If the candidate fails to notify the
8    State Board of Elections, election authority or local
9    election official then only the first set of petitions
10    filed shall be valid and all subsequent petitions shall be
11    void.
12        (12) All nominating petitions shall be available for
13    public inspection and shall be preserved for a period of
14    not less than 6 months.
15(Source: P.A. 101-523, eff. 8-23-19; 102-15, eff. 6-17-21;
16102-687, eff. 12-17-21.)