97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2855

 

Introduced 2/22/2011, by Rep. Bill Mitchell

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/17-16.1  from Ch. 46, par. 17-16.1

    Amends the Election Code. Provides that notarized declarations of intent shall include a sworn statement affirming the person filing the declaration is, at the time of filing, eligible to hold the office being sought. Sets forth the requirements on filing an objection to a declaration of intent. Effective immediately.


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A BILL FOR

 

HB2855LRB097 06722 HLH 46809 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
517-16.1 as follows:
 
6    (10 ILCS 5/17-16.1)  (from Ch. 46, par. 17-16.1)
7    Sec. 17-16.1. Write-in votes shall be counted only for
8persons who have filed notarized declarations of intent to be
9write-in candidates with the proper election authority or
10authorities not later than 61 days prior to the election.
11However, whenever an objection to a candidate's nominating
12papers or petitions for any office is sustained under Section
1310-10 after the 61st day before the election, then write-in
14votes shall be counted for that candidate if he or she has
15filed a notarized declaration of intent to be a write-in
16candidate for that office with the proper election authority or
17authorities not later than 7 days prior to the election.
18    Forms for the declaration of intent to be a write-in
19candidate shall be supplied by the election authorities. Such
20declaration shall specify the office for which the person seeks
21election as a write-in candidate.
22    Notarized declarations of intent shall include a sworn
23statement affirming the person filing the declaration is, at

 

 

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1the time of filing, eligible to hold the office being sought.
2An objection may be filed on a declaration of intent filed not
3later than 61 days prior to the election.
4    The election authority or authorities shall deliver a list
5of all persons who have filed such declarations to the election
6judges in the appropriate precincts prior to the election.
7    A candidate for whom a nomination paper has been filed as a
8partisan candidate at a primary election, and who is defeated
9for his or her nomination at the primary election is ineligible
10to file a declaration of intent to be a write-in candidate for
11election in that general or consolidated election.
12    A candidate seeking election to an office for which
13candidates of political parties are nominated by caucus who is
14a participant in the caucus and who is defeated for his or her
15nomination at such caucus is ineligible to file a declaration
16of intent to be a write-in candidate for election in that
17general or consolidated election.
18    A candidate seeking election to an office for which
19candidates are nominated at a primary election on a nonpartisan
20basis and who is defeated for his or her nomination at the
21primary election is ineligible to file a declaration of intent
22to be a write-in candidate for election in that general or
23consolidated election.
24    Nothing in this Section shall be construed to apply to
25votes cast under the provisions of subsection (b) of Section
2616-5.01.

 

 

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1(Source: P.A. 95-699, eff. 11-9-07.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.