Elections & Campaign Reform Committee

Filed: 3/31/2009

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2366

2     AMENDMENT NO. ______. Amend House Bill 2366 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Election Code is amended by changing
5 Section 10-3 as follows:
 
6     (10 ILCS 5/10-3)  (from Ch. 46, par. 10-3)
7     Sec. 10-3. Nomination of independent candidates (not
8 candidates of any political party), for any office to be filled
9 by the voters of the State at large may also be made by
10 nomination papers signed in the aggregate for each candidate by
11 1% of the number of voters who voted in the next preceding
12 Statewide general election or 25,000 qualified voters of the
13 State, whichever is less. Nominations of independent
14 candidates for public office within any district or political
15 subdivision less than the State, except independent candidates
16 for offices to be elected pursuant to the Illinois Municipal

 

 

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1 Code, may be made by nomination papers signed in the aggregate
2 for each candidate by qualified voters of such district, or
3 political subdivision, equaling not less than 5%, nor more than
4 8% (or 50 more than the minimum, whichever is greater) of the
5 number of persons, who voted at the next preceding regular
6 election in such district or political subdivision in which
7 such district or political subdivision voted as a unit for the
8 election of officers to serve its respective territorial area.
9 Nominations of independent candidates for offices to be elected
10 pursuant to the Illinois Municipal Code may be made by
11 nomination papers signed in the aggregate for each candidate by
12 qualified voters of the municipality or municipal subdivision
13 equaling not less than 5% of the number of persons who voted at
14 the next preceding consolidated election at which the voters of
15 that municipality or municipal subdivision elected its
16 officers. However, whenever the minimum signature requirement
17 for an independent candidate petition for a district or
18 political subdivision office shall exceed the minimum number of
19 signatures for an independent candidate petition for an office
20 to be filled by the voters of the State at large at the next
21 preceding State-wide general election, such State-wide
22 petition signature requirement shall be the minimum for an
23 independent candidate petition for such district or political
24 subdivision office. For the first election following a
25 redistricting of congressional districts, nomination papers
26 for an independent candidate for congressman shall be signed by

 

 

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1 at least 5,000 qualified voters of the congressional district.
2 For the first election following a redistricting of legislative
3 districts, nomination papers for an independent candidate for
4 State Senator in the General Assembly shall be signed by at
5 least 3,000 qualified voters of the legislative district. For
6 the first election following a redistricting of representative
7 districts, nomination papers for an independent candidate for
8 State Representative in the General Assembly shall be signed by
9 at least 1,500 qualified voters of the representative district.
10 For the first election following redistricting of county board
11 districts, or of municipal wards or districts, or for the first
12 election following the initial establishment of such districts
13 or wards in a county or municipality, nomination papers for an
14 independent candidate for county board member, or for alderman
15 or trustee of such municipality, shall be signed by qualified
16 voters of the district or ward equal to not less than 5% nor
17 more than 8% (or 50 more than the minimum, whichever is
18 greater) of the total number of votes cast at the preceding
19 general or general municipal election, as the case may be, for
20 the county or municipal office voted on throughout such county
21 or municipality for which the greatest total number of votes
22 were cast for all candidates, divided by the number of
23 districts or wards, but in any event not less than 25 qualified
24 voters of the district or ward. Each voter signing a nomination
25 paper shall add to his signature his place of residence, and
26 each voter may subscribe to one nomination for such office to

 

 

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1 be filled, and no more: Provided that the name of any candidate
2 whose name may appear in any other place upon the ballot shall
3 not be so added by petition for the same office.
4     The person circulating the petition, or the candidate on
5 whose behalf the petition is circulated, may strike any
6 signature from the petition, provided that;
7         (1) the person striking the signature shall initial the
8     petition at the place where the signature is struck; and
9         (2) the person striking the signature shall sign a
10     certification listing the page number and line number of
11     each signature struck from the petition. Such
12     certification shall be filed as a part of the petition.
13         (3) the persons striking signatures from the petition
14     shall each sign an additional certificate specifying the
15     number of certification pages listing stricken signatures
16     which are attached to the petition and the page numbers
17     indicated on such certifications. The certificate shall be
18     filed as a part of the petition, shall be numbered, and
19     shall be attached immediately following the last page of
20     voters' signatures and before the certifications of
21     stricken signatures.
22         (4) all of the foregoing requirements shall be
23     necessary to effect a valid striking of any signature. The
24     provisions of this Section authorizing the striking of
25     signatures shall not impose any criminal liability on any
26     person so authorized for signatures which may be

 

 

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1     fraudulent.
2     In the case of the offices of Governor and Lieutenant
3 Governor a joint petition including one candidate for each of
4 those offices must be filed.
5     A candidate for whom a nomination paper has been filed as a
6 partisan candidate at a primary election, and who is defeated
7 for his or her nomination at the primary election, is
8 ineligible to be placed on the ballot as an independent
9 candidate for election in that general or consolidated
10 election.
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 an
16 independent candidate.
17 (Source: P.A. 95-699, eff. 11-9-07.)".