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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 7-12, 7-13.1, 7-14, 7-60, 7-57, 7-60.1, 7-61, 8-9, | |||||||||||||||||||||||||||||||||||||||||||||||
6 | 8-17, 10-7, 10-11, 10-14, 10-15, and 22-16 as follows:
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7 | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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8 | Sec. 7-12. All petitions for nomination shall be filed by | |||||||||||||||||||||||||||||||||||||||||||||||
9 | mail or
in person as follows:
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10 | (1) Where the nomination is to be made for a State, | |||||||||||||||||||||||||||||||||||||||||||||||
11 | congressional, or
judicial office, or for any office a | |||||||||||||||||||||||||||||||||||||||||||||||
12 | nomination for which is made for a
territorial division or | |||||||||||||||||||||||||||||||||||||||||||||||
13 | district which comprises more than one county or
is partly in | |||||||||||||||||||||||||||||||||||||||||||||||
14 | one county and partly in another county or counties, then,
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15 | except as otherwise provided in this Section, such petition for | |||||||||||||||||||||||||||||||||||||||||||||||
16 | nomination
shall be filed in the principal office of the State | |||||||||||||||||||||||||||||||||||||||||||||||
17 | Board of Elections not
more than 99 and not less than 92 days | |||||||||||||||||||||||||||||||||||||||||||||||
18 | prior to the date of the primary,
but, in the case of petitions | |||||||||||||||||||||||||||||||||||||||||||||||
19 | for nomination to fill a vacancy by special
election in the | |||||||||||||||||||||||||||||||||||||||||||||||
20 | office of representative in Congress from this State, such
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21 | petition for nomination shall be filed in the principal office | |||||||||||||||||||||||||||||||||||||||||||||||
22 | of the State
Board of Elections not more than 57 days and not | |||||||||||||||||||||||||||||||||||||||||||||||
23 | less than 50 days prior to
the date of the primary.
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| |||||||
1 | Where a vacancy occurs in the office of Supreme, Appellate | ||||||
2 | or Circuit
Court Judge within the 3-week period preceding the | ||||||
3 | 92nd day before a
general primary election, petitions for | ||||||
4 | nomination for the office in which
the vacancy has occurred | ||||||
5 | shall be filed in the principal office of the
State Board of | ||||||
6 | Elections not more than 78 nor less than 71 days prior to
the | ||||||
7 | date of the general primary election.
| ||||||
8 | Where the nomination is to be made for delegates or | ||||||
9 | alternate
delegates to a national nominating convention, then | ||||||
10 | such petition for
nomination shall be filed in the principal | ||||||
11 | office of the State Board of
Elections not more than 99 and not | ||||||
12 | less than 92 days prior to the date of
the primary; provided, | ||||||
13 | however, that if the rules or policies of a national
political | ||||||
14 | party conflict with such requirements for filing petitions for
| ||||||
15 | nomination for delegates or alternate delegates to a national | ||||||
16 | nominating
convention, the chairman of the State central | ||||||
17 | committee of such national
political party shall notify the | ||||||
18 | Board in writing, citing by reference the
rules or policies of | ||||||
19 | the national political party in conflict, and in such
case the | ||||||
20 | Board shall direct such petitions to be filed not more than 69 | ||||||
21 | and
not less than 62 days prior to the date of the primary.
| ||||||
22 | (2) Where the nomination is to be made for a county office | ||||||
23 | or trustee
of a sanitary district then such petition shall be | ||||||
24 | filed in the office
of the county clerk not more than 99 nor | ||||||
25 | less than 92 days prior to the
date of the primary.
| ||||||
26 | (3) Where the nomination is to be made for a municipal or |
| |||||||
| |||||||
1 | township
office, such petitions for nomination shall be filed | ||||||
2 | in the office of
the local election official, not more than 78 | ||||||
3 | nor less than 71 days
prior to the date of the primary; | ||||||
4 | provided, where a municipality's or
township's boundaries are | ||||||
5 | coextensive with or are entirely within the
jurisdiction of a | ||||||
6 | municipal board of election commissioners, the petitions
shall | ||||||
7 | be filed in the office of such board; and provided, that | ||||||
8 | petitions
for the office of multi-township assessor shall be | ||||||
9 | filed with the election
authority.
| ||||||
10 | (4) The petitions of candidates for State central | ||||||
11 | committeeman shall
be filed in the principal office of the | ||||||
12 | State Board of Elections not
more than 99 nor less than 92 days | ||||||
13 | prior to the date of the primary.
| ||||||
14 | (5) Petitions of candidates for precinct, township or ward
| ||||||
15 | committeemen shall be filed in the office of the county clerk | ||||||
16 | not more
than 99 nor less than 92 days prior to the date of the | ||||||
17 | primary.
| ||||||
18 | (6) The State Board of Elections and the various election | ||||||
19 | authorities
and local election officials with whom such | ||||||
20 | petitions for nominations
are filed shall specify the place | ||||||
21 | where filings shall be made and upon
receipt shall endorse | ||||||
22 | thereon the day and hour on which each petition
was filed. All | ||||||
23 | petitions filed by persons waiting in line as of 8:00
a.m. on | ||||||
24 | the first day for filing, or as of the normal opening hour of
| ||||||
25 | the office involved on such day, shall be deemed filed as of | ||||||
26 | 8:00 a.m.
or the normal opening hour, as the case may be. |
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| |||||||
1 | Petitions filed by mail
and received after midnight of the | ||||||
2 | first day for filing and in the first
mail delivery or pickup | ||||||
3 | of that day shall be deemed as filed as of 8:00
a.m. of that day | ||||||
4 | or as of the normal opening hour of such day, as the
case may | ||||||
5 | be. All petitions received thereafter shall be deemed as filed
| ||||||
6 | in the order of actual receipt. Where 2 or more petitions are | ||||||
7 | received
simultaneously, the State Board of Elections or the | ||||||
8 | various election
authorities or local election officials with | ||||||
9 | whom such petitions are
filed shall break ties and determine | ||||||
10 | the order of filing, by means of a
lottery or other fair and | ||||||
11 | impartial method of random selection approved
by the State | ||||||
12 | Board of Elections. Such lottery shall be conducted within
9 | ||||||
13 | days following the last day for petition filing and shall be | ||||||
14 | open to the
public. Seven days written notice of the time and | ||||||
15 | place of conducting such
random selection shall be given by the | ||||||
16 | State Board of Elections to the
chairman of the State central | ||||||
17 | committee of each established political
party, and by each | ||||||
18 | election authority or local election official, to the
County | ||||||
19 | Chairman of each established political party, and to each
| ||||||
20 | organization of citizens within the election jurisdiction | ||||||
21 | which was
entitled, under this Article, at the next preceding | ||||||
22 | election, to have
pollwatchers present on the day of election. | ||||||
23 | The State Board of Elections,
election authority or local | ||||||
24 | election official shall post in a conspicuous,
open and public | ||||||
25 | place, at the entrance of the office, notice of the time
and | ||||||
26 | place of such lottery. The State Board of Elections shall adopt |
| |||||||
| |||||||
1 | rules
and regulations governing the procedures for the conduct | ||||||
2 | of such lottery.
All candidates shall be certified in the order | ||||||
3 | in which their petitions
have been filed. Where candidates have | ||||||
4 | filed simultaneously, they shall be
certified in the order | ||||||
5 | determined by lot and prior to candidates who filed
for the | ||||||
6 | same office at a later time.
| ||||||
7 | (7) The State Board of Elections or the appropriate | ||||||
8 | election
authority or local election official with whom such a | ||||||
9 | petition for
nomination is filed shall notify the person for | ||||||
10 | whom a petition for
nomination has been filed of the obligation | ||||||
11 | to file statements of
organization, reports of campaign | ||||||
12 | contributions, and annual reports of
campaign contributions | ||||||
13 | and expenditures under Article 9 of this Act.
Such notice shall | ||||||
14 | be given in the manner prescribed by paragraph (7) of
Section | ||||||
15 | 9-16 of this Code.
| ||||||
16 | (8) Nomination papers filed under this Section are not | ||||||
17 | valid if the
candidate named therein fails to file a statement | ||||||
18 | of economic interests
as required by the Illinois Governmental | ||||||
19 | Ethics Act in relation to his
candidacy with the appropriate | ||||||
20 | officer by the end of the period for the
filing of nomination | ||||||
21 | papers unless he has filed a statement of economic
interests in | ||||||
22 | relation to the same governmental unit with that officer
within | ||||||
23 | a year preceding the date on which such nomination papers were
| ||||||
24 | filed. If the nomination papers of any candidate and the | ||||||
25 | statement of
economic interest of that candidate are not | ||||||
26 | required to be filed with
the same officer, the candidate must |
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| |||||||
1 | file with the officer with whom the
nomination papers are filed | ||||||
2 | a receipt from the officer with whom the
statement of economic | ||||||
3 | interests is filed showing the date on which such
statement was | ||||||
4 | filed. Such receipt shall be so filed not later than the
last | ||||||
5 | day on which nomination papers may be filed.
| ||||||
6 | (9) Any person for whom a petition for nomination, or for | ||||||
7 | committeeman or
for delegate or alternate delegate to a | ||||||
8 | national nominating convention has
been filed may cause his | ||||||
9 | name to be withdrawn by request in writing, signed
by him and | ||||||
10 | duly acknowledged before an officer qualified to take
| ||||||
11 | acknowledgments of deeds, and filed in the principal or | ||||||
12 | permanent branch
office of the State Board of Elections or with | ||||||
13 | the appropriate election
authority or local election official, | ||||||
14 | not later than the date of
certification of candidates for the | ||||||
15 | consolidated primary or general primary
ballot. No names so | ||||||
16 | withdrawn shall be certified or printed on the
primary ballot. | ||||||
17 | The name of any candidate who has been certified for the | ||||||
18 | primary ballot but who dies, withdraws, or is declared | ||||||
19 | ineligible by a court of competent jurisdiction after the 14th | ||||||
20 | day after the date of certification of candidates for the | ||||||
21 | ballot but prior to the election shall remain printed on the | ||||||
22 | ballot but no votes cast for that candidate shall be included | ||||||
23 | in the official canvass of the results of the election or | ||||||
24 | considered in determining the winner or winners of the | ||||||
25 | election; provided, however, that if the results of the canvass | ||||||
26 | of the election discloses that the candidate, if he or she had |
| |||||||
| |||||||
1 | lived or had not withdrawn or been declared ineligible, would | ||||||
2 | have been declared nominated, then such candidate shall be | ||||||
3 | declared nominated and a vacancy in nomination shall exist. If | ||||||
4 | petitions for nomination have been filed for the
same person | ||||||
5 | with respect to more than one political party, his name
shall | ||||||
6 | not be certified nor printed on the primary ballot of any | ||||||
7 | party.
If petitions for nomination have been filed for the same | ||||||
8 | person for 2 or
more offices which are incompatible so that the | ||||||
9 | same person could not
serve in more than one of such offices if | ||||||
10 | elected, that person must
withdraw as a candidate for all but | ||||||
11 | one of such offices within the
5 business days following the | ||||||
12 | last day for petition filing. If he fails to
withdraw as a | ||||||
13 | candidate for all but one of such offices within such time
his | ||||||
14 | name shall not be certified, nor printed on the primary ballot, | ||||||
15 | for any
office. For the purpose of the foregoing provisions, an | ||||||
16 | office in a
political party is not incompatible with any other | ||||||
17 | office.
| ||||||
18 | (10) (a) Notwithstanding the provisions of any other | ||||||
19 | statute, no primary
shall be held for an established | ||||||
20 | political party in any township,
municipality, or ward | ||||||
21 | thereof, where the nomination of such
party for every | ||||||
22 | office to be voted upon by the electors of such
township, | ||||||
23 | municipality, or ward thereof, is uncontested. Whenever a
| ||||||
24 | political party's nomination of candidates is uncontested | ||||||
25 | as to one or
more, but not all, of the offices to be voted | ||||||
26 | upon by the electors of a
township, municipality, or ward |
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| |||||||
1 | thereof, then a primary shall
be held for that party in | ||||||
2 | such township, municipality, or ward thereof;
provided | ||||||
3 | that the primary ballot shall not include those offices
| ||||||
4 | within such township, municipality, or ward thereof, for | ||||||
5 | which the
nomination is uncontested. For purposes of this | ||||||
6 | Article, the nomination
of an established political party | ||||||
7 | of a candidate for election to an office
shall be deemed to | ||||||
8 | be uncontested where not more than the number of persons
to | ||||||
9 | be nominated have timely filed valid nomination papers | ||||||
10 | seeking the
nomination of such party for election to such | ||||||
11 | office.
| ||||||
12 | (b) Notwithstanding the provisions of any other | ||||||
13 | statute, no primary
election shall be held for an | ||||||
14 | established political party for any special
primary | ||||||
15 | election called for the purpose of filling a vacancy in the | ||||||
16 | office
of representative in the United States Congress | ||||||
17 | where the nomination of
such political party for said | ||||||
18 | office is uncontested. For the purposes of
this Article, | ||||||
19 | the nomination of an established political party of a
| ||||||
20 | candidate for election to said office shall be deemed to be | ||||||
21 | uncontested
where not more than the number of persons to be | ||||||
22 | nominated have timely filed
valid nomination papers | ||||||
23 | seeking the nomination of such established party
for | ||||||
24 | election to said office. This subsection (b) shall not | ||||||
25 | apply if such
primary election is conducted on a regularly | ||||||
26 | scheduled election day.
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1 | (c) Notwithstanding the provisions in subparagraph (a) | ||||||
2 | and (b) of this
paragraph (10), whenever a person who has | ||||||
3 | not timely filed valid nomination
papers and who intends to | ||||||
4 | become a write-in candidate for a political
party's | ||||||
5 | nomination for any office for which the nomination is | ||||||
6 | uncontested
files a written statement or notice of that | ||||||
7 | intent with the State Board of
Elections or the local | ||||||
8 | election official with whom nomination papers for
such | ||||||
9 | office are filed, a primary ballot shall be prepared and a | ||||||
10 | primary
shall be held for that office. Such statement or | ||||||
11 | notice shall be filed on
or before the date established in | ||||||
12 | this Article for certifying candidates
for the primary | ||||||
13 | ballot. Such statement or notice shall contain (i) the
name | ||||||
14 | and address of the person intending to become a write-in | ||||||
15 | candidate,
(ii) a statement that the person is a qualified | ||||||
16 | primary elector of the
political party from whom the | ||||||
17 | nomination is sought, (iii) a statement that
the person | ||||||
18 | intends to become a write-in candidate for the party's
| ||||||
19 | nomination, and (iv) the office the person is seeking as a | ||||||
20 | write-in
candidate. An election authority shall have no | ||||||
21 | duty to conduct a primary
and prepare a primary ballot for | ||||||
22 | any office for which the nomination is
uncontested unless a | ||||||
23 | statement or notice meeting the requirements of this
| ||||||
24 | Section is filed in a timely manner.
| ||||||
25 | (11) If multiple sets of nomination papers are filed for a | ||||||
26 | candidate to
the same office, the State Board of Elections, |
| |||||||
| |||||||
1 | appropriate election
authority or local election official | ||||||
2 | where the petitions are filed shall
within 2 business days | ||||||
3 | notify the candidate of his or her multiple petition
filings | ||||||
4 | and that the candidate has 3 business days after receipt of the
| ||||||
5 | notice to notify the State Board of Elections, appropriate | ||||||
6 | election
authority or local election official that he or she | ||||||
7 | may cancel prior sets
of petitions. If the candidate notifies | ||||||
8 | the State Board of Elections,
appropriate election authority or | ||||||
9 | local election official, the last set of
petitions filed shall | ||||||
10 | be the only petitions to be considered valid by the
State Board | ||||||
11 | of Elections, election authority or local election official. If
| ||||||
12 | the candidate fails to notify the State Board of Elections, | ||||||
13 | election authority
or local
election official then only the | ||||||
14 | first set of petitions filed shall be valid
and all subsequent | ||||||
15 | petitions shall be void.
| ||||||
16 | (12) All nominating petitions shall be available for public | ||||||
17 | inspection
and shall be preserved for a period of not less than | ||||||
18 | 6 months.
| ||||||
19 | (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | ||||||
20 | 87-1052.)
| ||||||
21 | (10 ILCS 5/7-13.1) (from Ch. 46, par. 7-13.1)
| ||||||
22 | Sec. 7-13.1. Certification of Candidates-Consolidated
| ||||||
23 | primary. Not less than 61 days
before the date of the | ||||||
24 | consolidated primary, each local election
official of each | ||||||
25 | political subdivision required to nominate candidates
for the |
| |||||||
| |||||||
1 | respective offices by primary shall certify to each election
| ||||||
2 | authority whose duty it is to prepare the official ballot for | ||||||
3 | the
consolidated primary in such political subdivision the | ||||||
4 | names of all
candidates in whose behalf nomination papers have | ||||||
5 | been filed in the
office of such local election official
and | ||||||
6 | direct the election authority to place upon the official ballot | ||||||
7 | for
the consolidated primary election the names of such | ||||||
8 | candidates in the same
manner and in the same order as shown | ||||||
9 | upon the certification. However,
subject to appeal, the names | ||||||
10 | of candidates whose
nomination papers have been held invalid by | ||||||
11 | the appropriate electoral board
provided in Section 10-9 of | ||||||
12 | this Code shall not be so
certified. The certification
shall be | ||||||
13 | modified as necessary to comply with the requirements of any | ||||||
14 | other
statute or any ordinance adopted pursuant to Article VII | ||||||
15 | of the Constitution
prescribing specific provisions for | ||||||
16 | nonpartisan elections, including without
limitation Articles | ||||||
17 | 3, 4 and 5 of "The Municipal Code".
| ||||||
18 | The names of candidates shall be listed on the | ||||||
19 | certification for the
respective offices in the order in which | ||||||
20 | the candidates have filed their
nomination papers, or as | ||||||
21 | determined by lot, or as otherwise specified by statute.
| ||||||
22 | In every instance where applicable, the following shall | ||||||
23 | also be indicated
in the certification:
| ||||||
24 | (1) Where there is to be more than one candidate elected to | ||||||
25 | an office
from a political subdivision or district;
| ||||||
26 | (2) Where a voter has the right to vote for more than one |
| |||||||
| |||||||
1 | candidate for an office;
| ||||||
2 | (3) The terms of the office to be on the ballot, when a | ||||||
3 | vacancy is to
be filled for less than a full term, or when | ||||||
4 | offices of a particular subdivision
to be on the ballot at the | ||||||
5 | same election are to be filled for different terms;
| ||||||
6 | (4) The territory in which a candidate is required by law | ||||||
7 | to reside, when
such residency requirement is not identical to | ||||||
8 | the territory of the political
subdivision from which the | ||||||
9 | candidate is to be elected or nominated;
| ||||||
10 | (5) Where a candidate's nominating papers or petitions have | ||||||
11 | been objected to and the objection has been sustained by the | ||||||
12 | electoral board established in Section 10-10, the words | ||||||
13 | "OBJECTION SUSTAINED" shall be placed under the title of the | ||||||
14 | office being sought by the candidate and the name of the | ||||||
15 | aggrieved candidate shall not appear; and
| ||||||
16 | (6) Where a candidate's nominating papers or petitions have | ||||||
17 | been objected to and the decision of the electoral board | ||||||
18 | established in Section 10-10 is either unknown or known to be | ||||||
19 | in judicial review, the words "OBJECTION PENDING" shall be | ||||||
20 | placed under the title of the office being sought by the | ||||||
21 | candidate and next to the name of the candidate.
| ||||||
22 | The local election official shall issue an amended | ||||||
23 | certification
whenever it is discovered that the original | ||||||
24 | certification is in error ; provided that no amended | ||||||
25 | certification shall be issued after the 14th day after the date | ||||||
26 | of certification. The name of any candidate who has been |
| |||||||
| |||||||
1 | certified for the primary ballot but who dies, withdraws, or is | ||||||
2 | declared ineligible by a court of competent jurisdiction after | ||||||
3 | the 14th day after the date of certification of candidates for | ||||||
4 | the ballot but prior to the election shall remain printed on | ||||||
5 | the ballot but no votes cast for such candidate shall be | ||||||
6 | included in the official canvass of the results of the election | ||||||
7 | or considered in determining the winner or winners of the | ||||||
8 | election; provided, however, that if the results of the canvass | ||||||
9 | of the election discloses that such candidate, if he had lived | ||||||
10 | or had not withdrawn or been declared ineligible, would have | ||||||
11 | been declared nominated, then such candidate shall be declared | ||||||
12 | nominated and a vacancy in nomination shall exist .
| ||||||
13 | (Source: P.A. 95-699, eff. 11-9-07.)
| ||||||
14 | (10 ILCS 5/7-14) (from Ch. 46, par. 7-14)
| ||||||
15 | Sec. 7-14. Not less than 61 days before the date of the | ||||||
16 | general primary the
State Board of Elections shall meet and | ||||||
17 | shall examine all petitions
filed under this Article 7, in the | ||||||
18 | office of the State Board of
Elections. The State Board of | ||||||
19 | Elections shall then certify to the county
clerk of each | ||||||
20 | county, the names of all candidates whose nomination papers
or | ||||||
21 | certificates of nomination have been filed with the Board and | ||||||
22 | direct the
county clerk to place upon the official ballot for | ||||||
23 | the general primary
election the names of such candidates in | ||||||
24 | the same manner and in the same
order as shown upon the | ||||||
25 | certification.
|
| |||||||
| |||||||
1 | The State Board of Elections shall, in its certificate to | ||||||
2 | the county
clerk, certify the names of the offices, and the | ||||||
3 | names of the candidates
in the order in which the offices and | ||||||
4 | names
shall appear upon the primary ballot;
such names
to | ||||||
5 | appear
in the order in which petitions have been filed in the | ||||||
6 | office of the
State Board of Elections except as otherwise | ||||||
7 | provided in this Article.
| ||||||
8 | Not less than 55 days before the date of the general | ||||||
9 | primary, each
county clerk shall certify the names of all | ||||||
10 | candidates whose nomination
papers have been filed with such | ||||||
11 | clerk and declare that the names of such
candidates for the | ||||||
12 | respective offices shall be placed upon the official
ballot for | ||||||
13 | the general primary in the order in which such nomination | ||||||
14 | papers
were filed with the clerk, or as determined by lot, or | ||||||
15 | as otherwise
specified by statute. Each county clerk shall | ||||||
16 | place a copy of the
certification on file in his or her office | ||||||
17 | and at the same time issue to
the board of election | ||||||
18 | commissioners a copy of the certification that has been
filed | ||||||
19 | in the county clerk's office, together with a copy of the
| ||||||
20 | certification that has been issued to the clerk by the State | ||||||
21 | Board of
Elections, with directions to the board of election | ||||||
22 | commissioners to place
upon the official ballot for the general | ||||||
23 | primary in that election
jurisdiction the names of all | ||||||
24 | candidates that are listed on such
certification in the same | ||||||
25 | manner and in the same order as shown upon such
certifications.
| ||||||
26 | The certification shall indicate, where applicable, the |
| |||||||
| |||||||
1 | following:
| ||||||
2 | (1) The political party affiliation of the candidates for | ||||||
3 | the respective offices;
| ||||||
4 | (2) If there is to be more than one candidate elected or | ||||||
5 | nominated to an
office from the State, political subdivision or | ||||||
6 | district;
| ||||||
7 | (3) If the voter has the right to vote for more than one | ||||||
8 | candidate for an office;
| ||||||
9 | (4) The term of office, if a vacancy is to be filled for | ||||||
10 | less than a
full term or if the offices to be filled in a | ||||||
11 | political subdivision or
district are for different terms.
| ||||||
12 | The State Board of Elections or the county clerk, as the | ||||||
13 | case may be,
shall issue an amended certification whenever it | ||||||
14 | is discovered that the
original certification is in error , | ||||||
15 | provided, however, that no amended certification shall be | ||||||
16 | issued after the 14th day after the date of certification. The | ||||||
17 | name of any candidate who has been certified for the primary | ||||||
18 | ballot but who dies, withdraws, or is declared ineligible by a | ||||||
19 | court of competent jurisdiction after the date of certification | ||||||
20 | of candidates for the ballot but prior to the election shall | ||||||
21 | remain printed on the ballot but no votes cast for such | ||||||
22 | candidate shall be included in the official canvass of the | ||||||
23 | results of the election or considered in determining the winner | ||||||
24 | or winners of the election; provided, however, that if the | ||||||
25 | results of the canvass of the election discloses that such | ||||||
26 | candidate, if he had lived or had not withdrawn or been |
| |||||||
| |||||||
1 | declared ineligible, would have been declared nominated, then | ||||||
2 | such candidate shall be declared nominated and a vacancy in | ||||||
3 | nomination shall exist .
| ||||||
4 | Subject to appeal, the names of candidates whose nomination | ||||||
5 | papers have
been held invalid by the appropriate electoral | ||||||
6 | board provided in Section
10-9 of this Code shall not be | ||||||
7 | certified.
| ||||||
8 | (Source: P.A. 86-867.)
| ||||||
9 | (10 ILCS 5/7-57) (from Ch. 46, par. 7-57)
| ||||||
10 | Sec. 7-57. The name of any candidate who has been certified | ||||||
11 | for the primary ballot but who dies, withdraws, or is declared | ||||||
12 | ineligible by a court of competent jurisdiction after the 14th | ||||||
13 | day after the date of certification of candidates for the | ||||||
14 | ballot but prior to the primary election shall remain printed | ||||||
15 | on the ballot but no votes cast for such candidate shall be | ||||||
16 | included in the official canvass of the results of the election | ||||||
17 | or considered in determining the winner or winners of the | ||||||
18 | election; provided, however, that if the results of the canvass | ||||||
19 | of the election discloses that such candidate, if he had lived | ||||||
20 | or had not withdrawn or been declared ineligible, would have | ||||||
21 | been declared nominated, then such candidate shall be declared | ||||||
22 | nominated and a vacancy in nomination shall exist. The death of | ||||||
23 | any candidate prior to, or on, the date of the
primary shall | ||||||
24 | not affect the canvass of the ballots. If the result of such
| ||||||
25 | canvass discloses that such candidate, if he had lived, would |
| |||||||
| |||||||
1 | have been
nominated, such candidate shall be declared | ||||||
2 | nominated.
| ||||||
3 | (Source: Laws 1943, vol. 2, p. 1.)
| ||||||
4 | (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| ||||||
5 | Sec. 7-60. Not less than 67 days before the date of the | ||||||
6 | general
election, the State Board of Elections shall certify to | ||||||
7 | the county clerks
the names of each of the candidates who have | ||||||
8 | been nominated as shown by the
proclamation of the State Board | ||||||
9 | of Elections as a canvassing board or who
have been nominated | ||||||
10 | to fill a vacancy in nomination and direct the election
| ||||||
11 | authority to place upon the official ballot for the general | ||||||
12 | election the
names of such candidates in the same manner and in | ||||||
13 | the same order as shown
upon the certification, except as | ||||||
14 | otherwise provided in this Section.
| ||||||
15 | Not less than 61 days before the date of the general | ||||||
16 | election, each
county clerk shall certify the names of each of | ||||||
17 | the candidates for county
offices who have been nominated as | ||||||
18 | shown by the proclamation of the county
election authority or | ||||||
19 | who have been nominated to fill a vacancy in nomination
and | ||||||
20 | declare that the names of such candidates for the respective | ||||||
21 | offices
shall be placed upon the official ballot for the | ||||||
22 | general election in the
same manner and in the same order as | ||||||
23 | shown upon the certification, except
as otherwise provided by | ||||||
24 | this Section. Each county clerk shall place a
copy of the | ||||||
25 | certification on file in his or her office and at the same
time |
| |||||||
| |||||||
1 | issue to the State Board of Elections a copy of such | ||||||
2 | certification.
In addition, each county clerk in whose county | ||||||
3 | there is a board of election
commissioners shall, not less than | ||||||
4 | 61 days before the date of the general
election, issue to such | ||||||
5 | board a copy of the certification that has been
filed in the | ||||||
6 | county clerk's office, together with a copy of the
| ||||||
7 | certification that has been issued to the clerk by the State | ||||||
8 | Board of
Elections, with directions to the board of election | ||||||
9 | commissioners to place
upon the official ballot for the general | ||||||
10 | election in that election
jurisdiction the names of all | ||||||
11 | candidates that are listed on such
certifications, in the same | ||||||
12 | manner and in the same order as shown upon such
certifications, | ||||||
13 | except as otherwise provided in this Section.
| ||||||
14 | Whenever there are two or more persons nominated by the | ||||||
15 | same political
party for multiple offices for any board, the | ||||||
16 | name of the candidate of such
party receiving the highest | ||||||
17 | number of votes in the primary election as a
candidate for such | ||||||
18 | office, as shown by the official election returns of the
| ||||||
19 | primary, shall be certified first under the name of such | ||||||
20 | offices, and the
names of the remaining candidates of such | ||||||
21 | party for such offices shall
follow in the order of the number | ||||||
22 | of votes received by them respectively at
the primary election | ||||||
23 | as shown by the official election results.
| ||||||
24 | No person who is shown by the final
proclamation to have
| ||||||
25 | been nominated or elected at the primary as a write-in | ||||||
26 | candidate shall have his or her
name certified unless such |
| |||||||
| |||||||
1 | person shall have filed with the certifying
office or board | ||||||
2 | within 10 days after the election authority's proclamation
a | ||||||
3 | statement of candidacy pursuant to Section 7-10, a statement | ||||||
4 | pursuant
to Section 7-10.1, and a receipt for the filing of a | ||||||
5 | statement of economic interests in relation to the unit of | ||||||
6 | government to which he or she has been elected or nominated.
| ||||||
7 | Each county clerk and board of election commissioners shall | ||||||
8 | determine
by a fair and impartial method of random selection | ||||||
9 | the order of placement
of established political party | ||||||
10 | candidates for the general election ballot.
Such determination | ||||||
11 | shall be made within 30 days following the canvass and | ||||||
12 | proclamation
of the results of the general primary
in the | ||||||
13 | office of the county clerk or board of election commissioners | ||||||
14 | and
shall be open to the public. Seven days written notice of | ||||||
15 | the time and place
of conducting such random selection shall be | ||||||
16 | given, by each such election
authority, to the County Chairman | ||||||
17 | of each established political party, and
to each organization | ||||||
18 | of citizens within the election jurisdiction which
was | ||||||
19 | entitled, under this Article, at the next preceding election, | ||||||
20 | to have
pollwatchers present on the day of election. Each | ||||||
21 | election authority shall
post in a conspicuous, open and public | ||||||
22 | place, at the entrance of the election
authority office, notice | ||||||
23 | of the time and place of such lottery. However,
a board of | ||||||
24 | election commissioners may elect to place established | ||||||
25 | political
party candidates on the general election ballot in | ||||||
26 | the same order determined
by the county clerk of the county in |
| |||||||
| |||||||
1 | which the city under the jurisdiction
of such board is located.
| ||||||
2 | Each certification shall indicate, where applicable, the | ||||||
3 | following:
| ||||||
4 | (1) The political party affiliation of the candidates | ||||||
5 | for the respective offices;
| ||||||
6 | (2) If there is to be more than one candidate elected | ||||||
7 | to an office from
the State, political subdivision or | ||||||
8 | district;
| ||||||
9 | (3) If the voter has the right to vote for more than | ||||||
10 | one candidate for an office;
| ||||||
11 | (4) The term of office, if a vacancy is to be filled | ||||||
12 | for less than a
full term or if the offices to be filled in | ||||||
13 | a political subdivision are for
different terms.
| ||||||
14 | The State Board of Elections or the county clerk, as the | ||||||
15 | case may be,
shall issue an amended certification whenever it | ||||||
16 | is discovered that the
original certification is in error , | ||||||
17 | provided, however, that no amended certification shall be | ||||||
18 | issued after the 14th day after the date of certification. The | ||||||
19 | name of any candidate who has been certified for the ballot but | ||||||
20 | who dies, withdraws, or is declared ineligible by a court of | ||||||
21 | competent jurisdiction after the 14th day after the date of | ||||||
22 | certification of candidates for the ballot but prior to the | ||||||
23 | election shall remain printed on the ballot but no votes cast | ||||||
24 | for such candidate shall be included in the official canvass of | ||||||
25 | the results of the election or considered in determining the | ||||||
26 | winner or winners of the election; provided, however, that if |
| |||||||
| |||||||
1 | the results of the canvass of the election discloses that such | ||||||
2 | candidate, if he had lived or had not withdrawn or been | ||||||
3 | declared ineligible, would have been declared elected, then | ||||||
4 | such candidate shall be declared elected and a vacancy in | ||||||
5 | office shall exist .
| ||||||
6 | (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | ||||||
7 | 94-1000, eff. 7-3-06.)
| ||||||
8 | (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
| ||||||
9 | Sec. 7-60.1. Certification of Candidates - Consolidated | ||||||
10 | Election.
Each local election official of a political | ||||||
11 | subdivision in which candidates
for the respective local | ||||||
12 | offices are nominated at the consolidated primary
shall, no | ||||||
13 | later than 5 days following the canvass and proclamation of the
| ||||||
14 | results of the consolidated primary, certify to each election | ||||||
15 | authority
whose duty it is to prepare the official ballot for | ||||||
16 | the consolidated
election in that political subdivision the | ||||||
17 | names of each of the candidates
who have been nominated as | ||||||
18 | shown by the proclamation of the appropriate election authority | ||||||
19 | or who have been nominated to fill a vacancy in nomination
and | ||||||
20 | direct the election authority to place upon the official ballot | ||||||
21 | for the
consolidated election the names of such candidates in | ||||||
22 | the same manner and
in the same order as shown upon the | ||||||
23 | certification, except as otherwise
provided by this Section.
| ||||||
24 | Whenever there are two or more persons nominated by the | ||||||
25 | same political
party for multiple offices for any board, the |
| |||||||
| |||||||
1 | name of the candidate of such
party receiving the highest | ||||||
2 | number of votes in the consolidated primary
election as a | ||||||
3 | candidate for such consolidated primary, shall be certified
| ||||||
4 | first under the name of such office, and the names of the | ||||||
5 | remaining
candidates of such party for such offices shall | ||||||
6 | follow in the order of the
number of votes received by them | ||||||
7 | respectively at the consolidated primary
election as shown by | ||||||
8 | the official election results.
| ||||||
9 | No person who is shown by the election authority's | ||||||
10 | proclamation to have
been nominated at the consolidated primary | ||||||
11 | as a write-in candidate shall
have his or her name certified | ||||||
12 | unless such person shall have filed with the
certifying office | ||||||
13 | or board within 5 days after the election authority's
| ||||||
14 | proclamation a statement of candidacy pursuant to Section 7-10 | ||||||
15 | and a
statement pursuant to Section 7-10.1.
| ||||||
16 | Each board of election commissioners of the cities in which | ||||||
17 | established
political party candidates for city offices are | ||||||
18 | nominated at the
consolidated primary shall determine by a fair | ||||||
19 | and impartial method of
random selection the order of placement | ||||||
20 | of the established political party
candidates for the | ||||||
21 | consolidated ballot. Such determination shall be made
within 5 | ||||||
22 | days following the canvass and proclamation of the results of | ||||||
23 | the
consolidated primary and shall be open to the public. Three | ||||||
24 | days written
notice of the time and place of conducting such | ||||||
25 | random selection shall be
given, by each such election | ||||||
26 | authority, to the County Chairman of each
established political |
| |||||||
| |||||||
1 | party, and to each organization of citizens within
the election | ||||||
2 | jurisdiction which was entitled, under this Article, at the
| ||||||
3 | next preceding election, to have pollwatchers present on the | ||||||
4 | day of
election. Each election authority shall post in a | ||||||
5 | conspicuous, open and
public place, at the entrance of the | ||||||
6 | election authority office, notice of
the time and place of such | ||||||
7 | lottery.
| ||||||
8 | Each local election official of a political subdivision in | ||||||
9 | which
established political party candidates for the | ||||||
10 | respective local offices are
nominated by primary shall | ||||||
11 | determine by a fair and impartial method of
random selection | ||||||
12 | the order of placement of the established political party
| ||||||
13 | candidates for the consolidated election ballot and, in the | ||||||
14 | case of certain
municipalities having annual elections, on the | ||||||
15 | general primary ballot for
election. Such determination shall | ||||||
16 | be made prior to the canvass and
proclamation of results of the | ||||||
17 | consolidated primary or special municipal
primary, as the case | ||||||
18 | may be, in the office of the local election official and
shall | ||||||
19 | be open to the public. Three days written notice of the time | ||||||
20 | and
place of conducting such random selection shall be given, | ||||||
21 | by each such
local election official, to the County Chairman of | ||||||
22 | each established
political party, and to each organization of | ||||||
23 | citizens within the election
jurisdiction which was entitled, | ||||||
24 | under this Article, at the next preceding
election, to have | ||||||
25 | pollwatchers present on the day of election. Each local
| ||||||
26 | election official shall post in a conspicuous, open and public |
| |||||||
| |||||||
1 | place notice of
such lottery. Immediately thereafter, the local | ||||||
2 | election official shall
certify the ballot placement order so | ||||||
3 | determined to the proper election
authorities charged with the | ||||||
4 | preparation of the consolidated election, or
general primary,
| ||||||
5 | ballot for that political subdivision.
| ||||||
6 | Not less than 61 days before the date of the consolidated | ||||||
7 | election, each
local election official of a political | ||||||
8 | subdivision in which established
political party candidates | ||||||
9 | for the respective local offices have been
nominated by caucus | ||||||
10 | or have been nominated because no primary was required
to be | ||||||
11 | held shall certify to each election authority whose duty it is | ||||||
12 | to
prepare the official ballot for the consolidated election in | ||||||
13 | that political
subdivision the names of each of the candidates | ||||||
14 | whose certificates of
nomination or nomination papers have been | ||||||
15 | filed in his or her office and
direct the election authority to | ||||||
16 | place upon the official ballot for the
consolidated election | ||||||
17 | the names of such candidates in the same manner and
in the same | ||||||
18 | order as shown upon the certification. Such local election
| ||||||
19 | official shall, prior to certification, determine by a fair and | ||||||
20 | impartial
method of random selection the order of placement of | ||||||
21 | the established
political party candidates for the | ||||||
22 | consolidated election ballot. Such
determination shall be made | ||||||
23 | in the office of the local election official
and shall be open | ||||||
24 | to the public. Three days written notice of the time and
place | ||||||
25 | of conducting such random selection shall be given by each such | ||||||
26 | local
election official to the county chairman of each |
| |||||||
| |||||||
1 | established political
party, and to each organization of | ||||||
2 | citizens within the election
jurisdiction which was entitled, | ||||||
3 | under this Article, at the next preceding
election, to have | ||||||
4 | pollwatchers present on the day of election. Each local
| ||||||
5 | election official shall post in a conspicuous, open and public | ||||||
6 | place, at the
entrance of the office, notice of the time and | ||||||
7 | place of such lottery. The
local election official shall | ||||||
8 | certify the ballot placement order so
determined as part of his | ||||||
9 | official certification of candidates to the
election | ||||||
10 | authorities whose duty it is to prepare the official ballot for
| ||||||
11 | the consolidated election in that political subdivision.
| ||||||
12 | The certification shall indicate, where applicable, the | ||||||
13 | following:
| ||||||
14 | (1) The political party affiliation of the candidates | ||||||
15 | for the respective offices;
| ||||||
16 | (2) If there is to be more than one candidate elected | ||||||
17 | or nominated to an
office from the State, political | ||||||
18 | subdivision or district;
| ||||||
19 | (3) If the voter has the right to vote for more than | ||||||
20 | one candidate for an office;
| ||||||
21 | (4) The term of office, if a vacancy is to be filled | ||||||
22 | for less than a
full term or if the offices to be filled in | ||||||
23 | a political subdivision or
district are for different | ||||||
24 | terms.
| ||||||
25 | The local election official shall issue an amended | ||||||
26 | certification whenever
it is discovered that the original |
| |||||||
| |||||||
1 | certification is in error , provided, however, that no amended | ||||||
2 | certification shall be issued after the 14th day after the date | ||||||
3 | of certification. The name of any candidate who has been | ||||||
4 | certified for the ballot but who dies, withdraws, or is | ||||||
5 | declared ineligible by a court of competent jurisdiction after | ||||||
6 | the 14th day after the date of certification of candidates for | ||||||
7 | the ballot but prior to the election shall remain printed on | ||||||
8 | the ballot but no votes cast for such candidate shall be | ||||||
9 | included in the official canvass of the results of the election | ||||||
10 | or considered in determining the winner or winners of the | ||||||
11 | election; provided, however, that if the results of the canvass | ||||||
12 | of the election discloses that such candidate, if he had lived | ||||||
13 | or had not withdrawn or been declared ineligible, would have | ||||||
14 | been declared elected, then such candidate shall be declared | ||||||
15 | elected and a vacancy in office shall exist .
| ||||||
16 | (Source: P.A. 94-647, eff. 1-1-06.)
| ||||||
17 | (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
| ||||||
18 | Sec. 7-61. Whenever a special election is necessary the | ||||||
19 | provisions of
this Article are applicable to the nomination of | ||||||
20 | candidates to be voted
for at such special election.
| ||||||
21 | In cases where a primary election is required the officer | ||||||
22 | or board or
commission whose duty it is under the provisions of | ||||||
23 | this Act relating to
general elections to call an election, | ||||||
24 | shall fix a date for the primary
for the nomination of | ||||||
25 | candidates to be voted for at such special
election. Notice of |
| |||||||
| |||||||
1 | such primary shall be given at least 15 days prior
to the | ||||||
2 | maximum time provided for the filing of petitions for such a
| ||||||
3 | primary as provided in Section 7-12.
| ||||||
4 | Any vacancy in nomination under the provisions of this | ||||||
5 | Article 7
occurring on or after the primary and prior to | ||||||
6 | certification of
candidates by the certifying board or officer, | ||||||
7 | must be filled prior to the
date of certification. Any vacancy | ||||||
8 | in nomination occurring after certification
but prior to 15 | ||||||
9 | days before the general election shall be filled within 8 days
| ||||||
10 | after the event creating the vacancy. The resolution filling | ||||||
11 | the vacancy shall
be sent by U. S. mail or personal delivery to | ||||||
12 | the certifying officer or board
within 3 days of the action by | ||||||
13 | which the vacancy was filled; provided, if such
resolution is | ||||||
14 | sent by mail and the U. S. postmark on the envelope containing
| ||||||
15 | such resolution is dated prior to the expiration of such 3 day | ||||||
16 | limit, the
resolution shall be deemed filed within such 3 day | ||||||
17 | limit. Failure to so
transmit the resolution within the time | ||||||
18 | specified in this Section shall
authorize the certifying | ||||||
19 | officer or board to certify the original candidate.
Vacancies | ||||||
20 | shall be filled by the officers of a local municipal or | ||||||
21 | township
political party as specified in subsection (h) of | ||||||
22 | Section 7-8, other than a
statewide political party, that is | ||||||
23 | established only within a municipality or
township and the | ||||||
24 | managing committee (or legislative committee in case of a
| ||||||
25 | candidate for State Senator or representative committee in the | ||||||
26 | case of a
candidate for State Representative in the General |
| |||||||
| |||||||
1 | Assembly or State central committee in the case of a candidate | ||||||
2 | for statewide office, including but not limited to the office | ||||||
3 | of United States Senator) of the respective
political party for | ||||||
4 | the territorial area in which such vacancy occurs.
| ||||||
5 | The resolution to fill a vacancy in nomination shall be | ||||||
6 | duly
acknowledged before an officer qualified to take | ||||||
7 | acknowledgements of deeds
and shall include, upon its face, the | ||||||
8 | following information:
| ||||||
9 | (a) the name of the original nominee and the office | ||||||
10 | vacated;
| ||||||
11 | (b) the date on which the vacancy occurred;
| ||||||
12 | (c) the name and address of the nominee selected to fill | ||||||
13 | the vacancy and
the date of selection.
| ||||||
14 | The resolution to fill a vacancy in nomination shall be | ||||||
15 | accompanied by a
Statement of Candidacy, as prescribed in | ||||||
16 | Section 7-10, completed by the
selected nominee and a receipt | ||||||
17 | indicating that such nominee has filed a
statement of economic | ||||||
18 | interests as required by the Illinois Governmental
Ethics Act.
| ||||||
19 | The provisions of Section 10-8 through 10-10.1 relating to | ||||||
20 | objections to
certificates of nomination and nomination | ||||||
21 | papers, hearings on objections,
and judicial review, shall | ||||||
22 | apply to and govern objections to resolutions
for filling a | ||||||
23 | vacancy in nomination.
| ||||||
24 | Any vacancy in nomination occurring after the 14th day | ||||||
25 | after the date of certification of candidates to the ballot 15 | ||||||
26 | days or less before the consolidated
election or the general |
| |||||||
| |||||||
1 | election shall not be filled. In this event, the
certification | ||||||
2 | of the original candidate shall stand and his name shall
appear | ||||||
3 | on the official ballot to be voted at the general election ; | ||||||
4 | however, no votes cast for such candidate shall be included in | ||||||
5 | the official canvass of the results of the election or | ||||||
6 | considered in determining the winner or winners of the | ||||||
7 | election, except that if the results of the canvass of the | ||||||
8 | election discloses that such candidate, if he had lived or had | ||||||
9 | not withdrawn or been declared ineligible, would have been | ||||||
10 | declared elected, then such candidate shall be declared elected | ||||||
11 | and a vacancy in office shall exist .
| ||||||
12 | A vacancy in nomination occurs when a candidate who has | ||||||
13 | been
nominated under the provisions of this Article 7 dies | ||||||
14 | before the
election (whether death occurs prior to, on or after | ||||||
15 | the day of the
primary), or declines the nomination , or is | ||||||
16 | declared ineligible by a court of competent jurisdiction ; | ||||||
17 | provided that nominations may
become vacant for other reasons.
| ||||||
18 | If the name of no established political party candidate was | ||||||
19 | printed on
the consolidated primary ballot for a particular | ||||||
20 | office
and if no person was nominated as a write-in candidate | ||||||
21 | for such office,
a vacancy in nomination shall be created which | ||||||
22 | may be filled in accordance
with the requirements of this | ||||||
23 | Section. If the name of no established political
party | ||||||
24 | candidate was printed on the general primary ballot for a | ||||||
25 | particular
office and if no person was nominated as a write-in | ||||||
26 | candidate for such office,
a vacancy in nomination shall be |
| |||||||
| |||||||
1 | created, but no candidate of the party for the
office shall be | ||||||
2 | listed on the ballot at the general election unless such
| ||||||
3 | vacancy is filled in accordance with the requirements of this | ||||||
4 | Section within 60
days after the date of the general primary.
| ||||||
5 | A candidate for whom a nomination paper has been filed as a | ||||||
6 | partisan
candidate at a primary election, and who is defeated | ||||||
7 | for his or her
nomination at such primary election, is | ||||||
8 | ineligible to be listed on the
ballot at that general or | ||||||
9 | consolidated election as a candidate of another
political | ||||||
10 | party.
| ||||||
11 | A candidate seeking election to an office for which | ||||||
12 | candidates of
political parties are nominated by caucus who is | ||||||
13 | a participant in the
caucus and who is defeated for his or her | ||||||
14 | nomination at such caucus, is
ineligible to be listed on the | ||||||
15 | ballot at that general or consolidated
election as a candidate | ||||||
16 | of another political party.
| ||||||
17 | In the proceedings to nominate a candidate to fill a | ||||||
18 | vacancy or to
fill a vacancy in the nomination, each precinct, | ||||||
19 | township, ward, county
or congressional district, as the case | ||||||
20 | may be, shall through its
representative on such central or | ||||||
21 | managing committee, be entitled to one
vote for each ballot | ||||||
22 | voted in such precinct, township, ward, county or
congressional | ||||||
23 | district, as the case may be, by the primary electors of
its | ||||||
24 | party at the primary election immediately preceding the meeting | ||||||
25 | at
which such vacancy is to be filled.
| ||||||
26 | For purposes of this Section, the words "certify" and |
| |||||||
| |||||||
1 | "certification"
shall refer to the act of officially declaring | ||||||
2 | the names of candidates
entitled to be printed upon the | ||||||
3 | official ballot at an election and
directing election | ||||||
4 | authorities to place the names of such candidates upon
the | ||||||
5 | official ballot. "Certifying officers or board" shall refer to | ||||||
6 | the
local election official, election authority or the State | ||||||
7 | Board of
Elections, as the case may be, with whom nomination | ||||||
8 | papers, including
certificates of nomination and resolutions | ||||||
9 | to fill vacancies in nomination,
are filed and whose duty it is | ||||||
10 | to "certify" candidates.
| ||||||
11 | (Source: P.A. 94-645, eff. 8-22-05.)
| ||||||
12 | (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
| ||||||
13 | Sec. 8-9. All petitions for nomination shall be filed by | ||||||
14 | mail or in
person as follows:
| ||||||
15 | (1) Where the nomination is made for a legislative office, | ||||||
16 | such
petition for nomination shall be filed in the principal | ||||||
17 | office of the
State Board of Elections not more than 99 and not | ||||||
18 | less than 92 days
prior to the date of 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 was | ||||||
21 | filed.
Petitions filed by mail and received after midnight on | ||||||
22 | the first day for
filing and in the first mail delivery or | ||||||
23 | pickup of that day, shall be deemed
as filed as of 8:00 a.m. of | ||||||
24 | that day or as of the normal opening hour of
such day as the | ||||||
25 | case may be, and all petitions received thereafter shall be
|
| |||||||
| |||||||
1 | deemed as filed in the order of actual receipt. Where 2 or more | ||||||
2 | petitions
are received simultaneously, the State Board of | ||||||
3 | Elections shall break ties
and determine the order of filing, | ||||||
4 | by means of a lottery as provided in
Section 7-12 of this Code.
| ||||||
5 | (3) Any person for whom a petition for nomination has been | ||||||
6 | filed,
may cause his name to be withdrawn by a request in | ||||||
7 | writing, signed by
him, duly acknowledged before an officer | ||||||
8 | qualified to take
acknowledgments of deeds, and filed in the | ||||||
9 | principal or permanent branch
office of the State Board of | ||||||
10 | Elections not later than the date of
certification of | ||||||
11 | candidates for the general primary ballot, and no names so
| ||||||
12 | withdrawn shall be certified by the State Board
of Elections to | ||||||
13 | the county clerk, or printed on the primary ballot. The name of | ||||||
14 | any candidate who has been certified for the ballot but who | ||||||
15 | dies, withdraws, or is declared ineligible by a court of | ||||||
16 | competent jurisdiction after the 14th day after the date of | ||||||
17 | certification of candidates for the ballot but prior to the | ||||||
18 | primary election shall remain printed on the ballot but no | ||||||
19 | votes cast for such candidate shall be included in the official | ||||||
20 | canvass of the results of the election or considered in | ||||||
21 | determining the winner or winners of the election; provided, | ||||||
22 | however, that if the results of the canvass of the election | ||||||
23 | discloses that such candidate, if he had lived or had not | ||||||
24 | withdrawn or been declared ineligible, would have been declared | ||||||
25 | nominated, then such candidate shall be declared nominated and | ||||||
26 | a vacancy in nomination shall exist. If
petitions for |
| |||||||
| |||||||
1 | nomination have been filed for the same person with
respect to | ||||||
2 | more than one political party, his name shall not be
certified | ||||||
3 | nor printed on the primary ballot of any party. If petitions
| ||||||
4 | for nomination have been filed for the same person for 2 or | ||||||
5 | more offices
which are incompatible so that the same person | ||||||
6 | could not serve in more
than one of such offices if elected, | ||||||
7 | that person must withdraw as a
candidate for all but one of | ||||||
8 | such offices within the 5 business days following
the last day | ||||||
9 | for petition filing. If he fails to withdraw as a candidate for
| ||||||
10 | all but one of such offices within such time, his name shall | ||||||
11 | not be
certified, nor printed on the primary ballot, for any | ||||||
12 | office. For the
purpose of the foregoing provisions, an office | ||||||
13 | in a political party is
not incompatible with any other office.
| ||||||
14 | (4) If multiple sets of nomination papers are filed for a | ||||||
15 | candidate to
the same office, the State Board of Elections | ||||||
16 | shall within 2 business days
notify the candidate of his or her | ||||||
17 | multiple petition filings and that the
candidate has 3 business | ||||||
18 | days after receipt of the notice to notify the
State Board of | ||||||
19 | Elections that he or she may cancel prior sets of petitions.
If | ||||||
20 | the candidate notifies the State Board of Elections the last | ||||||
21 | set of
petitions filed shall be the only petitions to be | ||||||
22 | considered valid by the State
Board of Elections. If the | ||||||
23 | candidate fails to notify the State Board then
only the first | ||||||
24 | set of petitions filed shall be valid and all subsequent
| ||||||
25 | petitions shall be void.
| ||||||
26 | (Source: P.A. 86-875; 87-1052.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/8-17) (from Ch. 46, par. 8-17)
| ||||||
2 | Sec. 8-17. The name of any candidate who has been certified | ||||||
3 | for the ballot but who dies, withdraws, or is declared | ||||||
4 | ineligible by a court of competent jurisdiction after the 14th | ||||||
5 | day after the date of certification of candidates for the | ||||||
6 | ballot but prior to the primary election shall remain printed | ||||||
7 | on the ballot but no votes cast for such candidate shall be | ||||||
8 | included in the official canvass of the results of the election | ||||||
9 | or considered in determining the winner or winners of the | ||||||
10 | election; provided, however, that if the results of the canvass | ||||||
11 | of the election discloses that such candidate, if he had lived | ||||||
12 | or had not withdrawn or been declared ineligible, would have | ||||||
13 | been declared nominated, then such candidate shall be declared | ||||||
14 | nominated and a vacancy in nomination shall exist. The death of | ||||||
15 | any candidate prior to, or on, the date of the primary
shall | ||||||
16 | not affect the canvass of the ballots. If the result of such
| ||||||
17 | canvass discloses that such candidate, if he had lived, would | ||||||
18 | have been
nominated, such candidate shall be declared | ||||||
19 | nominated.
| ||||||
20 | In the event that a candidate of a party who has been | ||||||
21 | nominated under
the provisions of this Article shall die before | ||||||
22 | election (whether death
occurs prior to, or on, or after, the | ||||||
23 | date of the primary) or decline
the nomination or should the | ||||||
24 | nomination for any other reason become
vacant, the legislative | ||||||
25 | or representative committee of such party for
such district |
| |||||||
| |||||||
1 | shall
nominate a candidate of such party to fill such vacancy.
| ||||||
2 | However, if there
was no candidate for the nomination of the | ||||||
3 | party in the primary,
no candidate of that party for that
| ||||||
4 | office may be listed on the ballot at the general election, | ||||||
5 | unless the
legislative or representative committee of the party | ||||||
6 | nominates a candidate
to fill the vacancy in nomination within | ||||||
7 | 60 days after the date of the
general primary election.
| ||||||
8 | Vacancies in
nomination occurring under this Article shall be | ||||||
9 | filled by the appropriate
legislative or representative | ||||||
10 | committee in accordance with the provisions
of Section 7-61 of | ||||||
11 | this Code. In proceedings to fill the vacancy in
nomination, | ||||||
12 | the voting strength of the members of the legislative or
| ||||||
13 | representative committee shall be as provided in Section 8-6.
| ||||||
14 | (Source: P.A. 84-757; 84-790; 84-928; 84-1026.)
| ||||||
15 | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| ||||||
16 | Sec. 10-7. Any person whose name has been presented as a | ||||||
17 | candidate
may cause his name to be withdrawn from any such | ||||||
18 | nomination by his
request in writing, signed by him and duly | ||||||
19 | acknowledged before an
officer qualified to take | ||||||
20 | acknowledgment of deeds, and presented to the
principal office | ||||||
21 | or permanent branch office of the Board, the election
| ||||||
22 | authority, or the local election official, as the case may be, | ||||||
23 | not later
than the date for certification of candidates for the | ||||||
24 | ballot. No name so
withdrawn shall be printed upon the ballots | ||||||
25 | under the party appellation or
title from which the candidate |
| |||||||
| |||||||
1 | has withdrawn his name. The name of any candidate who has been | ||||||
2 | certified for the ballot but who dies, withdraws, or is | ||||||
3 | declared ineligible by a court of competent jurisdiction after | ||||||
4 | the 14th day after the date of certification of candidates for | ||||||
5 | the ballot but prior to the election shall remain printed on | ||||||
6 | the ballot but no votes cast for such candidate shall be | ||||||
7 | included in the official canvass of the results of the election | ||||||
8 | or considered in determining the winner or winners of the | ||||||
9 | election; provided, however, that if the results of the canvass | ||||||
10 | of the election discloses that such candidate, if he had lived | ||||||
11 | or had not withdrawn or been declared ineligible, would have | ||||||
12 | been declared elected, then such candidate shall be declared | ||||||
13 | elected and a vacancy in office shall exist. If the name of the
| ||||||
14 | same person has been presented as a candidate for 2 or more | ||||||
15 | offices which
are incompatible so that the same person could | ||||||
16 | not serve in more than one
of such offices if elected, that | ||||||
17 | person must withdraw as a candidate for
all but one of such | ||||||
18 | offices within the 5 business days following the last
day for | ||||||
19 | petition filing. If he fails to withdraw as a candidate for all
| ||||||
20 | but one of such offices within such time, his name shall not be | ||||||
21 | certified,
nor printed on the ballot, for any office. However, | ||||||
22 | nothing in this section
shall be construed as precluding a | ||||||
23 | judge who is seeking retention in office
from also being a | ||||||
24 | candidate for another judicial office. Except as
otherwise | ||||||
25 | herein provided, in case the certificate of nomination or
| ||||||
26 | petition as provided for in this Article shall contain or |
| |||||||
| |||||||
1 | exhibit the name
of any candidate for any office upon more than | ||||||
2 | one of said certificates or
petitions (for the same office), | ||||||
3 | then and in that case the Board or
election authority or local | ||||||
4 | election official, as the case may be, shall
immediately notify | ||||||
5 | said candidate of said fact and that his name appears
| ||||||
6 | unlawfully upon more than one of said certificates or petitions | ||||||
7 | and that
within 3 days from the receipt of said notification, | ||||||
8 | said candidate must
elect as to which of said political party | ||||||
9 | appellations or groups he desires
his name to appear and remain | ||||||
10 | under upon said ballot, and if said candidate
refuses, fails or | ||||||
11 | neglects to make such election, then and in that case the
Board | ||||||
12 | or election authority or local election official, as the case | ||||||
13 | may be,
shall permit the name of said candidate to appear or be | ||||||
14 | printed or placed
upon said ballot only under the political | ||||||
15 | party appellation or group
appearing on the certificate of | ||||||
16 | nomination or petition, as the case may be,
first filed, and | ||||||
17 | shall strike or cause to be stricken the name of said
candidate | ||||||
18 | from all certificates of nomination and petitions
filed after | ||||||
19 | the first such certificate of nomination or petition.
| ||||||
20 | Whenever the name of a candidate for an office is withdrawn | ||||||
21 | from a new
political party petition within 14 days after the | ||||||
22 | date of certification of candidate names to the ballot , it | ||||||
23 | shall constitute a vacancy in nomination for
that office which | ||||||
24 | may be filled in accordance with Section 10-11 of this
Article; | ||||||
25 | provided, that if the names of all candidates for all offices | ||||||
26 | on
a new political party petition are withdrawn or such |
| |||||||
| |||||||
1 | petition is declared
invalid by an electoral board or upon | ||||||
2 | judicial review, no vacancies in
nomination for those offices | ||||||
3 | shall exist and the filing of any notice or
resolution | ||||||
4 | purporting to fill vacancies in nomination shall have no legal | ||||||
5 | effect.
| ||||||
6 | Whenever the name of an independent candidate for an office | ||||||
7 | is withdrawn
or an independent candidate's petition is declared | ||||||
8 | invalid by an electoral
board or upon judicial review, no | ||||||
9 | vacancy in nomination for that office
shall exist and the | ||||||
10 | filing of any notice or resolution purporting to fill
a vacancy | ||||||
11 | in nomination shall have no legal effect.
| ||||||
12 | All certificates of nomination and nomination papers when | ||||||
13 | presented or
filed shall be open, under proper regulation, to | ||||||
14 | public inspection, and the
State Board of Elections and the | ||||||
15 | several election authorities and local
election officials | ||||||
16 | having charge of nomination papers shall preserve the
same in | ||||||
17 | their respective offices not less than 6 months.
| ||||||
18 | (Source: P.A. 86-875.)
| ||||||
19 | (10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
| ||||||
20 | Sec. 10-11. Any vacancy in the nomination of a new | ||||||
21 | political party
candidate occurring on or before the 14th day | ||||||
22 | after prior to
the date of certification of candidates for the | ||||||
23 | ballot
by the certifying board or officer shall be filled as | ||||||
24 | provided in this section must be filled prior to the date of | ||||||
25 | certification .
The resolution to fill such
vacancy shall be |
| |||||||
| |||||||
1 | sent by U.S. mail or personal delivery to the certifying
| ||||||
2 | officer or board within 3 days of the action by which the | ||||||
3 | vacancy was filled;
provided, if such resolution
is sent by | ||||||
4 | mail and the U.S. postmark on the envelope containing such | ||||||
5 | resolution
is dated prior to the expiration of such 3 day | ||||||
6 | limit, the notice or resolution
shall be deemed filed within | ||||||
7 | such 3 day limit. Failure
to so transmit the notice or | ||||||
8 | resolution within the time
specified in this Section shall | ||||||
9 | authorize the certifying officer
or board to certify the | ||||||
10 | original candidate. Vacancies shall be filled
by the new | ||||||
11 | political party officers.
| ||||||
12 | Any vacancy in nomination occurring after the 14th day | ||||||
13 | after certification shall not be filled but prior to 15
days | ||||||
14 | before a regular election shall be filled by the new political
| ||||||
15 | party officers within
8 days after the event creating the | ||||||
16 | vacancy in the manner heretofore prescribed . In this event the | ||||||
17 | certification of the original candidate shall stand and his | ||||||
18 | name shall appear on the official ballot to be voted at the | ||||||
19 | election; however, no votes cast for such candidate shall be | ||||||
20 | included in the official canvass of the results of the election | ||||||
21 | or considered in determining the winner or winners of the | ||||||
22 | election, except that if the results of the canvass of the | ||||||
23 | election discloses that such candidate, if he had lived or had | ||||||
24 | not withdrawn or been declared ineligible, would have been | ||||||
25 | declared elected, then such candidate shall be declared elected | ||||||
26 | and a vacancy in office shall exist.
|
| |||||||
| |||||||
1 | The resolution to fill a vacancy in nomination shall be | ||||||
2 | duly
acknowledged before an officer qualified to take | ||||||
3 | acknowledgements of deeds
and shall include, upon its face, the | ||||||
4 | following information:
| ||||||
5 | (a) the name of the original nominee and the office | ||||||
6 | vacated;
| ||||||
7 | (b) the date on which the vacancy occurred;
| ||||||
8 | (c) the name and address of the nominee selected to fill | ||||||
9 | the vacancy and
the date of selection.
| ||||||
10 | The resolution to fill a vacancy in nomination shall be | ||||||
11 | accompanied by a
Statement of Candidacy, as prescribed in | ||||||
12 | Section 10-5, completed by the
selected nominee and a receipt | ||||||
13 | indicating that such nominee has filed a
statement of economic | ||||||
14 | interests as required by the Illinois Governmental Ethics Act.
| ||||||
15 | The provisions of Sections 10-8 through 10-10.1 relating to | ||||||
16 | objections to
certificates of nomination and nomination | ||||||
17 | papers, hearings on objections,
and judicial review, shall | ||||||
18 | apply to and govern objections to resolutions
for filling a | ||||||
19 | vacancy in nomination.
| ||||||
20 | Any vacancy in nomination occurring 15 days or less before | ||||||
21 | a regular election
shall not be filled. In this event the | ||||||
22 | certification of the original candidate
shall stand and his | ||||||
23 | name shall appear on the official ballot to be voted
at the | ||||||
24 | election.
| ||||||
25 | A vacancy in nomination occurs when a candidate who has | ||||||
26 | been nominated
under the provisions of Section 10-2 dies before |
| |||||||
| |||||||
1 | the election, or declines
the nomination; provided that | ||||||
2 | nomination may become vacant for other reasons.
| ||||||
3 | However, the provisions of this Section shall not apply to | ||||||
4 | any vacancy
in nomination for a municipal office for which the | ||||||
5 | Municipal Code, as now
or hereafter amended, provides a | ||||||
6 | different method for filling such vacancy,
and the applicable | ||||||
7 | provision of the Municipal Code shall govern in such cases.
| ||||||
8 | Any vacancy in a nomination by caucus of an established | ||||||
9 | political party
for a township or municipal office shall be | ||||||
10 | filled in accordance with Section
7-61 of this Code.
| ||||||
11 | For purposes of this Section, the words "certify" and | ||||||
12 | "certification"
shall refer to the act of officially declaring | ||||||
13 | the names of candidates
entitled to be printed upon the | ||||||
14 | official ballot at an election and
directing election | ||||||
15 | authorities to place the names of such candidates upon
the | ||||||
16 | official ballot. "Certifying officers or board" shall refer to | ||||||
17 | the
local election official, election authority or the State | ||||||
18 | Board of
Elections, as the case may be, with whom nomination | ||||||
19 | papers, certificates of
nomination papers and resolutions to | ||||||
20 | fill vacancies in nomination are filed
and whose duty it is to | ||||||
21 | "certify" candidates.
| ||||||
22 | (Source: P.A. 84-757.)
| ||||||
23 | (10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
| ||||||
24 | Sec. 10-14. Not less than 67 days before the date of the | ||||||
25 | general election
the State Board of Elections shall certify to |
| |||||||
| |||||||
1 | the county clerk of each
county the name of each candidate | ||||||
2 | whose nomination papers,
certificate of nomination or | ||||||
3 | resolution to fill a vacancy in nomination
has been filed with
| ||||||
4 | the State Board of Elections and direct the county clerk to | ||||||
5 | place upon
the official ballot for the general election the | ||||||
6 | names of such candidates
in the same manner and in the same | ||||||
7 | order as shown upon the certification. The name of no
candidate | ||||||
8 | for an office to
be filled by the electors of the entire state | ||||||
9 | shall be placed upon the
official ballot unless his name is | ||||||
10 | duly certified to the county clerk
upon a certificate signed by | ||||||
11 | the members of the State Board of
Elections. The names of group | ||||||
12 | candidates on petitions shall be certified
to the several | ||||||
13 | county clerks in the order
in which such names appear on such | ||||||
14 | petitions filed with
the State Board of Elections.
| ||||||
15 | Not less than 61 days before the date of the general | ||||||
16 | election, each
county clerk shall certify the names of each of | ||||||
17 | the candidates for county
offices whose nomination papers, | ||||||
18 | certificates of nomination or resolutions
to fill a vacancy in | ||||||
19 | nomination have been filed with such clerk and declare
that the | ||||||
20 | names of such candidates for the respective offices shall be
| ||||||
21 | placed upon the official ballot for the general election in the | ||||||
22 | same manner
and in the same order as shown upon the | ||||||
23 | certification. Each county clerk
shall place a copy of the | ||||||
24 | certification on file in his or her office and at
the same time | ||||||
25 | issue to the State Board of Elections a copy of such
| ||||||
26 | certification. In addition, each county clerk in whose county |
| |||||||
| |||||||
1 | there is a
board of election commissioners
shall, not
less than | ||||||
2 | 55 days before the election, certify to the board of election
| ||||||
3 | commissioners the name of the person or persons nominated for | ||||||
4 | such
office as shown by the certificate of the State Board of | ||||||
5 | Elections,
together with the names of all other candidates as | ||||||
6 | shown
by the certification of county officers on file in the | ||||||
7 | clerk's office, and
in the order so certified. The county clerk | ||||||
8 | or board of election commissioners
shall print
the names of the | ||||||
9 | nominees on the ballot for each office in the order in
which | ||||||
10 | they are certified to or filed with the county clerk; provided,
| ||||||
11 | that in printing the name of nominees for any office, if any of | ||||||
12 | such
nominees have also been nominated by one or more political | ||||||
13 | parties
pursuant to this Act, the location of the name of such | ||||||
14 | candidate on the
ballot for nominations made under this Article | ||||||
15 | shall be precisely in the
same order in which it appears on the | ||||||
16 | certification of the State Board
of Elections to the county | ||||||
17 | clerk.
| ||||||
18 | For the general election,
the candidates of new political | ||||||
19 | parties shall be placed on the ballot for
said election after | ||||||
20 | the established political party candidates
and in the order of | ||||||
21 | new political party petition filings.
| ||||||
22 | Each certification shall indicate, where applicable, the | ||||||
23 | following:
| ||||||
24 | (1) The political party affiliation if any, of the | ||||||
25 | candidates for the
respective offices;
| ||||||
26 | (2) If there is to be more than one candidate elected |
| |||||||
| |||||||
1 | to an office from
the State, political subdivision or | ||||||
2 | district;
| ||||||
3 | (3) If the voter has the right to vote for more than | ||||||
4 | one candidate for an office;
| ||||||
5 | (4) The term of office, if a vacancy is to be filled | ||||||
6 | for less than a
full term or if the offices to be filled in | ||||||
7 | a political subdivision are for
different terms.
| ||||||
8 | The State Board of Elections or the county clerk, as the | ||||||
9 | case may be,
shall issue an amended certification whenever it | ||||||
10 | is discovered that the
original certification is in error , | ||||||
11 | provided, however, that no amended certification shall be | ||||||
12 | issued after the 14th day after the date of certification. The | ||||||
13 | name of any candidate who was certified to the ballot but who | ||||||
14 | dies, withdraws, or is declared ineligible by a court of | ||||||
15 | competent jurisdiction after the 14th day after the date of | ||||||
16 | certification of candidates for the ballot but prior to the | ||||||
17 | election shall remain printed on the ballot but no votes cast | ||||||
18 | for such candidate shall be included in the official canvass of | ||||||
19 | the results of the election or considered in determining the | ||||||
20 | winner or winners of the election; provided, however, that if | ||||||
21 | the results of the canvass of the election discloses that such | ||||||
22 | candidate, if he had lived or had not withdrawn or been | ||||||
23 | declared ineligible, would have been declared elected, then | ||||||
24 | such candidate shall be declared elected and a vacancy in | ||||||
25 | office shall exist .
| ||||||
26 | (Source: P.A. 93-847, eff. 7-30-04.)
|
| |||||||
| |||||||
1 | (10 ILCS 5/10-15) (from Ch. 46, par. 10-15)
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2 | Sec. 10-15. Not less than 61 days before the date of the | ||||||
3 | consolidated and
nonpartisan elections, each local election | ||||||
4 | official with whom
certificates of nomination or nominating | ||||||
5 | petitions have been filed shall
certify to each election | ||||||
6 | authority having jurisdiction over any of the
territory of his | ||||||
7 | political subdivision the names of all candidates
entitled to | ||||||
8 | be printed on the ballot for offices of that political
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9 | subdivision to be voted upon at such election and direct the | ||||||
10 | election
authority to place upon the official ballot for such | ||||||
11 | election the names of
such candidates in the same manner and in | ||||||
12 | the same order as shown upon the
certification.
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13 | The local election officials shall certify such candidates | ||||||
14 | for each
office in the order in which such candidates' | ||||||
15 | certificates of nomination
or nominating petitions were filed | ||||||
16 | in his office. However, subject to appeal,
the names of | ||||||
17 | candidates whose petitions have been held invalid by the | ||||||
18 | appropriate
electoral board provided in Section 10-9 of this | ||||||
19 | Act shall not be so certified. The
certification shall be | ||||||
20 | modified as necessary to comply with the
requirements of any | ||||||
21 | other statute or any ordinance adopted pursuant to
Article VII | ||||||
22 | of the Constitution prescribing specific provisions for
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23 | nonpartisan elections, including without limitation Articles 4 | ||||||
24 | and 5 of
"The Municipal Code" or Article 9 of The School Code.
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25 | In every instance where applicable, the following shall |
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1 | also be indicated
in the certification:
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2 | (1) The political party affiliation, if any, of the | ||||||
3 | candidates for the
respective offices;
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4 | (2) Where there is to be more than one candidate elected to | ||||||
5 | an office
from a political subdivision or district;
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6 | (3) Where a voter has the right to vote for more than one
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7 | candidate for an office;
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8 | (4) The terms of the office to be on the ballot, when a | ||||||
9 | vacancy is to
be filled for less than a full term, or when | ||||||
10 | offices of a particular subdivision
to be on the ballot at the | ||||||
11 | same election are to be filled for different terms;
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12 | (5) The territory in which a candidate is required by law | ||||||
13 | to reside, when
such residency requirement is not identical to | ||||||
14 | the territory of the political
subdivision from which the | ||||||
15 | candidate is to be elected or nominated;
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16 | (6) Where a candidate's nominating papers or petitions have | ||||||
17 | been objected to and the objection has been sustained by the | ||||||
18 | electoral board established in Section 10-10, the words | ||||||
19 | "OBJECTION SUSTAINED" shall be placed under the title of the | ||||||
20 | office being sought by the candidate and the name of the | ||||||
21 | aggrieved candidate shall not appear; and
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22 | (7) Where a candidate's nominating papers or petitions have | ||||||
23 | been objected to and the decision of the electoral board | ||||||
24 | established in Section 10-10 is either unknown or known to be | ||||||
25 | in judicial review, the words "OBJECTION PENDING" shall be | ||||||
26 | placed under the title of the office being sought by the |
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1 | candidate and next to the name of the candidate.
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2 | For the consolidated election, and for the general primary | ||||||
3 | in the case
of certain municipalities having annual elections, | ||||||
4 | the candidates of new
political parties shall be placed on the | ||||||
5 | ballot for such elections after
the established political party | ||||||
6 | candidates and in the order of new political
party petition | ||||||
7 | filings.
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8 | The local election official shall issue an amended | ||||||
9 | certification
whenever it is discovered that the original | ||||||
10 | certification is in error , provided, however, that no amended | ||||||
11 | certification shall be issued after the 14th day after the date | ||||||
12 | of certification. The name of any candidate who was certified | ||||||
13 | to the ballot but who dies, withdraws, or is declared | ||||||
14 | ineligible by a court of competent jurisdiction after the 14th | ||||||
15 | day after the date of certification of candidates for the | ||||||
16 | ballot but prior to the election shall remain printed on the | ||||||
17 | ballot but no votes cast for such candidate shall be included | ||||||
18 | in the official canvass of the results of the election or | ||||||
19 | considered in determining the winner or winners of the | ||||||
20 | election; provided, however, that if the results of the canvass | ||||||
21 | of the election discloses that such candidate, if he had lived | ||||||
22 | or had not withdrawn or been declared ineligible, would have | ||||||
23 | been declared elected, then such candidate shall be declared | ||||||
24 | elected and a vacancy in office shall exist .
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25 | (Source: P.A. 95-699, eff. 11-9-07.)
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1 | (10 ILCS 5/22-16) (from Ch. 46, par. 22-16)
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2 | Sec. 22-16. The name of any candidate who was certified to | ||||||
3 | the ballot but who dies, withdraws, or is declared ineligible | ||||||
4 | by a court of competent jurisdiction after the 14th day after | ||||||
5 | the date of certification of candidates for the ballot but | ||||||
6 | prior to the election shall remain printed on the ballot but no | ||||||
7 | votes cast for such candidate shall be included in the official | ||||||
8 | canvass of the results of the election or considered in | ||||||
9 | determining the winner or winners of the election; provided, | ||||||
10 | however, that if the results of the canvass of the election | ||||||
11 | discloses that such candidate, if he had lived or had not | ||||||
12 | withdrawn or been declared ineligible, would have been declared | ||||||
13 | elected, then such candidate shall be declared elected and a | ||||||
14 | vacancy in office shall exist. If the result of a canvass | ||||||
15 | disclosed that a person
elected to office is a person whose | ||||||
16 | nomination for said office was
vacated and not filled pursuant | ||||||
17 | to Section 7-61 or 10-11, such
person shall be declared elected | ||||||
18 | and the office thereupon shall become
vacant. Such vacancy in | ||||||
19 | office shall be filled under the applicable
provision of | ||||||
20 | Article 25.
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21 | (Source: P.A. 84-861.)
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22 | Section 10. The Revised Cities and Villages Act of 1941 is | ||||||
23 | amended by changing Section 21-29 as follows:
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24 | (65 ILCS 20/21-29) (from Ch. 24, par. 21-29)
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1 | Sec. 21-29. Withdrawals and substitution of candidates.
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2 | Any candidate for alderman under the provisions of this | ||||||
3 | article may
withdraw his name as a candidate by filing with the | ||||||
4 | board of election
commissioners of the city of Chicago not | ||||||
5 | later than the 14th day after the date of certification of | ||||||
6 | candidates for the ballot twenty days before the
holding of the | ||||||
7 | election his written request signed by him and duly
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8 | acknowledged before an officer qualified to take | ||||||
9 | acknowledgements of
deeds, whereupon his name shall not be | ||||||
10 | printed as a candidate upon the
official ballot.
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11 | If any candidate at an aldermanic election who was not | ||||||
12 | elected as
provided for in this article but who shall have | ||||||
13 | received sufficient votes
to entitle him to a place on the | ||||||
14 | official ballot at the ensuing
supplementary election shall die | ||||||
15 | or withdraw his candidacy before such
supplementary election, | ||||||
16 | the name of the candidate who shall receive the
next highest | ||||||
17 | number of votes shall be printed on the ballot in lieu of the
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18 | name of the candidate who shall have died or withdrawn his | ||||||
19 | candidacy.
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20 | (Source: Laws 1941, vol. 2, p. 19 .)
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21 | Section 99. Effective date. This Act takes effect upon | ||||||
22 | becoming law.
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