96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5727


 
Introduced 2/9/2010, by Rep. Naomi D. Jakobsson
 
SYNOPSIS AS INTRODUCED:
 		





 








65 ILCS 5/3.1-20-45










     Amends the Illinois Municipal Code. In provisions concerning elections, sets forth the procedure for placing specified candidates on the ballot for the general municipal election. Provides that if one officer is to be elected, then the 2 candidates who receive the highest number of votes shall be placed on the ballot for the next succeeding general municipal election. If 2 aldermen are to be elected at large, then the 4 candidates who receive the highest number of votes shall be placed on the ballot. If 3 aldermen are to be elected at large, then the 6 candidates who receive the highest number of votes shall be placed on the ballot. Provides that the name of a write-in candidate may not be placed on the ballot for the general municipal election unless he or she (i) receives a number of votes in the primary election that equals or exceeds the number of signatures required on a petition for nomination for that office or (ii) receives a number of votes in the primary election that exceeds the number of votes received by at least one of the candidates whose names were printed on the primary ballot for nomination for or election to the same office. Effective immediately.
  















LRB096 16250 RLJ 31506 b

















 


 


A BILL FOR









 




  






HB5727

LRB096 16250 RLJ 31506 b





  
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    AN ACT concerning local government.
  
 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:
  
 
 
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    Section 5. The Illinois Municipal Code is amended  by 
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changing Section 3.1-20-45 as follows:
 



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    (65 ILCS 5/3.1-20-45)


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    Sec. 3.1-20-45. Nonpartisan primary elections; uncontested 
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office. A city
incorporated under this Code that elects 
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municipal officers at nonpartisan
primary and
general 
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elections shall conduct the elections as provided in the 
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Election Code,
except that
no office for which nomination is 
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uncontested shall be included on the primary
ballot and
no 
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primary shall be held for that office.  For the purposes of this 
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Section, an
office is
uncontested when not more than 4

persons 
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to be nominated for each
office
have timely filed valid 
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nominating papers seeking nomination for the election
to that

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office.

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    Notwithstanding the preceding paragraph, when a person (i) 
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who has not timely
filed valid nomination papers and (ii) who 
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intends to become a write-in
candidate for
nomination for any 
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office for which nomination is uncontested files a written

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statement
or notice of that intent with the proper election 
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official with whom the
nomination papers
for that office are 
 


 






HB5727
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LRB096 16250 RLJ 31506 b




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filed, if the write-in candidate becomes the fifth candidate 
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filed, a primary ballot must be prepared and a primary must
be 
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held for
the office.  The statement or notice must be filed on 
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or before the 61st day
before the consolidated primary 
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election.
The statement
must
contain (i) the name and address 
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of the person intending to become a write-in
candidate,
(ii) a 
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statement that the person intends to become a write-in 
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candidate, and
(iii) the office
the person is seeking as a 
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write-in candidate.  An election authority has no
duty to

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conduct a primary election or prepare a primary ballot unless a 
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statement
meeting the
requirements of this paragraph is filed 
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in a timely manner.
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    If there is a primary election, then candidates shall be 
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placed on the ballot for the next succeeding general municipal 
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election in the following manner:
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        (1) If one officer is to be elected, then the 2 
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    candidates who receive the highest number of votes shall be 
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    placed on the ballot for the next succeeding general 
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    municipal election.
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        (2) If 2 aldermen are to be elected at large, then the 
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    4 candidates who receive the highest number of votes shall 
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    be placed on the ballot for the next succeeding general 
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    municipal election.
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        (3) If 3 aldermen are to be elected at large, then the 
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    6 candidates who receive the highest number of votes shall 
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    be placed on the ballot for the next succeeding general 
 


 






HB5727
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LRB096 16250 RLJ 31506 b




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    municipal election.
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    The name of a write-in candidate may not be placed on the 
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ballot for the next succeeding general municipal election 
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unless he or she receives a number of votes in the primary 
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election that equals or exceeds the number of signatures 
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required on a petition for nomination for that office or that 
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exceeds the number of votes received by at least one of the 
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candidates whose names were printed on the primary ballot for 
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nomination for or election to the same office. 

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(Source: P.A. 95-699, eff. 11-9-07.)

 
 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.