Full Text of HB0057 102nd General Assembly
HB0057 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB0057 Introduced 1/14/2021, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-10.2 | from Ch. 46, par. 7-10.2 | 10 ILCS 5/7-17 | from Ch. 46, par. 7-17 | 10 ILCS 5/8-8.1 | from Ch. 46, par. 8-8.1 | 10 ILCS 5/10-5.1 | from Ch. 46, par. 10-5.1 | 10 ILCS 5/16-3 | from Ch. 46, par. 16-3 |
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Amends the Election Code. Provides that the requirements to change a candidate's name do not apply to name changes resulting from a civil union to assume a spouse's surname or dissolution of a civil union or declaration of invalidity of a civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. Makes conforming changes throughout the Code. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-10.2, 7-17, 8-8.1, 10-5.1, and 16-3 as follows:
| 6 | | (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
| 7 | | Sec. 7-10.2. In the designation of the name of a candidate | 8 | | on a petition for
nomination or certificate of nomination the | 9 | | candidate's given name or
names, initial or initials, a | 10 | | nickname by which the candidate is
commonly known, or a | 11 | | combination thereof, may be used in addition to the
| 12 | | candidate's surname. If a candidate has changed his or her | 13 | | name, whether by a statutory or common law procedure in | 14 | | Illinois or any other jurisdiction, within 3 years before the | 15 | | last day for filing the petition or certificate for that | 16 | | office, whichever is applicable, then (i) the candidate's name | 17 | | on the petition or certificate must be followed by "formerly | 18 | | known as (list all prior names during the 3-year period) until | 19 | | name changed on (list date of each such name change)" and (ii) | 20 | | the petition or certificate must be accompanied by the | 21 | | candidate's affidavit stating the candidate's previous names | 22 | | during the period specified in (i) and the date or dates each | 23 | | of those names was changed; failure to meet these requirements |
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| 1 | | shall be grounds for denying certification of the candidate's | 2 | | name for the ballot or removing the candidate's name from the | 3 | | ballot, as appropriate, but these requirements do not apply to | 4 | | name changes resulting from adoption to assume an adoptive | 5 | | parent's or parents' surname, marriage or civil union to | 6 | | assume a spouse's surname, or dissolution of marriage or civil | 7 | | union or declaration of invalidity of marriage or civil union | 8 | | to assume a former surname or a name change that conforms the | 9 | | candidate's name to his or her gender identity . No other | 10 | | designation such as a political slogan, as
defined by Section | 11 | | 7-17, title or degree, or
nickname suggesting or implying | 12 | | possession of a title, degree or professional
status, or | 13 | | similar information may be used in connection with the | 14 | | candidate's
surname.
| 15 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| 16 | | (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
| 17 | | Sec. 7-17. Candidate ballot name procedures.
| 18 | | (a) Each election authority in each county shall cause to | 19 | | be
printed upon the general primary ballot of each party for | 20 | | each precinct
in his jurisdiction the name of each candidate | 21 | | whose petition for
nomination or for committeeperson has been | 22 | | filed in the office of the
county clerk, as herein provided; | 23 | | and also the name of each candidate
whose name has been | 24 | | certified to his office by the State Board of
Elections, and in | 25 | | the order so certified, except as hereinafter
provided.
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| 1 | | It shall be the duty of the election authority to cause to | 2 | | be printed
upon the consolidated primary ballot of each | 3 | | political party for each
precinct in his jurisdiction the name | 4 | | of each candidate whose name has
been certified to him, as | 5 | | herein provided and which is to be voted for
in such precinct.
| 6 | | (b) In the designation of the name of a candidate on the | 7 | | primary ballot
the candidate's given name or names, initial or | 8 | | initials, a nickname by
which the candidate is commonly known, | 9 | | or a combination thereof, may be
used in addition to the | 10 | | candidate's surname. If a candidate has changed his or her | 11 | | name, whether by a statutory or common law procedure in | 12 | | Illinois or any other jurisdiction, within 3 years before the | 13 | | last day for filing the petition for nomination, nomination | 14 | | papers, or certificate of nomination for that office, | 15 | | whichever is applicable, then (i) the candidate's name on the | 16 | | primary ballot must be followed by "formerly known as (list | 17 | | all prior names during the 3-year period) until name changed | 18 | | on (list date of each such name change)" and (ii) the petition, | 19 | | papers, or certificate must be accompanied by the candidate's | 20 | | affidavit stating the candidate's previous names during the | 21 | | period specified in (i) and the date or dates each of those | 22 | | names was changed; failure to meet these requirements shall be | 23 | | grounds for denying certification of the candidate's name for | 24 | | the ballot or removing the candidate's name from the ballot, | 25 | | as appropriate, but these requirements do not apply to name | 26 | | changes resulting from adoption to assume an adoptive parent's |
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| 1 | | or parents' surname, marriage or civil union to assume a | 2 | | spouse's surname, or dissolution of marriage or civil union or | 3 | | declaration of invalidity of marriage or civil union to assume | 4 | | a former surname or a name change that conforms the | 5 | | candidate's name to his or her gender identity . No other | 6 | | designation such
as a political slogan, title, or degree, or | 7 | | nickname suggesting or
implying possession of
a title, degree | 8 | | or professional status, or similar information may be
used in | 9 | | connection
with the candidate's surname.
For purposes of this | 10 | | Section, a "political slogan" is defined as any
word
or words | 11 | | expressing or connoting a position, opinion, or belief that | 12 | | the
candidate may espouse, including but not limited to, any | 13 | | word or words
conveying any meaning other than that of the | 14 | | personal identity of the
candidate. A
candidate may not use a | 15 | | political slogan as part of his or her name on the
ballot, | 16 | | notwithstanding that the political slogan may be part of the
| 17 | | candidate's name.
| 18 | | (c) The State Board of Elections, a local election | 19 | | official, or an election
authority shall remove any | 20 | | candidate's name designation from a ballot that is
| 21 | | inconsistent with subsection (b) of this Section. In addition, | 22 | | the State Board
of Elections, a local election official, or an | 23 | | election authority shall not
certify to any election authority | 24 | | any candidate name designation that is
inconsistent with | 25 | | subsection (b) of this Section.
| 26 | | (d) If the State Board of Elections, a local election |
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| 1 | | official, or an
election authority removes a candidate's name | 2 | | designation from a ballot
under subsection (c) of this | 3 | | Section, then the aggrieved candidate may
seek appropriate | 4 | | relief in circuit court.
| 5 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 6 | | (10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
| 7 | | Sec. 8-8.1. In the designation of the name of a candidate | 8 | | on a petition for
nomination, the candidate's given name or | 9 | | names, initial or initials, a
nickname by which the candidate | 10 | | is commonly known, or a combination
thereof, may be used in | 11 | | addition to the candidate's surname. If a candidate has | 12 | | changed his or her name, whether by a statutory or common law | 13 | | procedure in Illinois or any other jurisdiction, within 3 | 14 | | years before the last day for filing the petition for that | 15 | | office, then (i) the candidate's name on the petition must be | 16 | | followed by "formerly known as (list all prior names during | 17 | | the 3-year period) until name changed on (list date of each | 18 | | such name change)" and (ii) the petition must be accompanied | 19 | | by the candidate's affidavit stating the candidate's previous | 20 | | names during the period specified in (i) and the date or dates | 21 | | each of those names was changed; failure to meet these | 22 | | requirements shall be grounds for denying certification of the | 23 | | candidate's name for the ballot or removing the candidate's | 24 | | name from the ballot, as appropriate, but these requirements | 25 | | do not apply to name changes resulting from adoption to assume |
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| 1 | | an adoptive parent's or parents' surname, marriage or civil | 2 | | union to assume a spouse's surname, or dissolution of marriage | 3 | | or civil union or declaration of invalidity of marriage or | 4 | | civil union to assume a former surname or a name change that | 5 | | conforms the candidate's name to his or her gender identity . | 6 | | No other
designation such as a political slogan, title, or | 7 | | degree, or nickname
suggesting or implying
possession of a | 8 | | title, degree or professional status, or similar information
| 9 | | may be used
in connection with the candidate's surname.
| 10 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| 11 | | (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
| 12 | | Sec. 10-5.1. In the designation of the name of a candidate | 13 | | on a certificate of
nomination or nomination papers the | 14 | | candidate's given name or names,
initial or initials, a | 15 | | nickname by which the candidate is commonly
known, or a | 16 | | combination thereof, may be used in addition to the
| 17 | | candidate's surname. If a candidate has changed his or her | 18 | | name, whether by a statutory or common law procedure in | 19 | | Illinois or any other jurisdiction, within 3 years before the | 20 | | last day for filing the certificate of nomination or | 21 | | nomination papers for that office, whichever is applicable, | 22 | | then (i) the candidate's name on the certificate or papers | 23 | | must be followed by "formerly known as (list all prior names | 24 | | during the 3-year period) until name changed on (list date of | 25 | | each such name change)" and (ii) the certificate or paper must |
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| 1 | | be accompanied by the candidate's affidavit stating the | 2 | | candidate's previous names during the period specified in (i) | 3 | | and the date or dates each of those names was changed; failure | 4 | | to meet these requirements shall be grounds for denying | 5 | | certification of the candidate's name for the ballot or | 6 | | removing the candidate's name from the ballot, as appropriate, | 7 | | but these requirements do not apply to name changes resulting | 8 | | from adoption to assume an adoptive parent's or parents' | 9 | | surname, marriage or civil union to assume a spouse's surname, | 10 | | or dissolution of marriage or civil union or declaration of | 11 | | invalidity of marriage or civil union to assume a former | 12 | | surname or a name change that conforms the candidate's name to | 13 | | his or her gender identity . No other designation such as a | 14 | | political slogan,
title, or
degree, or
nickname suggesting or | 15 | | implying possession of a title, degree or professional
status, | 16 | | or
similar information may be used in connection with the | 17 | | candidate's
surname.
| 18 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| 19 | | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| 20 | | Sec. 16-3. (a) The names of all candidates to be voted for | 21 | | in each
election district or precinct shall be printed on one | 22 | | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 | 23 | | of this Act and except as otherwise
provided in this Act with | 24 | | respect to the odd year regular elections and
the emergency | 25 | | referenda; all nominations
of any political party being placed |
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| 1 | | under the party appellation or title
of such party as | 2 | | designated in the certificates of nomination or
petitions. The | 3 | | names of all independent candidates shall be printed upon
the | 4 | | ballot in a column or columns under the heading "independent"
| 5 | | arranged under the names or titles of the respective offices | 6 | | for which
such independent candidates shall have been | 7 | | nominated and so far as
practicable, the name or names of any | 8 | | independent candidate or
candidates for any office shall be | 9 | | printed upon the ballot opposite the
name or names of any | 10 | | candidate or candidates for the same office
contained in any | 11 | | party column or columns upon said ballot. The ballot
shall | 12 | | contain no other names, except that in cases of electors for
| 13 | | President and Vice-President of the United States, the names | 14 | | of the
candidates for President and Vice-President may be | 15 | | added to the party
designation and words calculated to aid the | 16 | | voter in his choice of candidates
may be added, such as "Vote | 17 | | for one," "Vote for not more than three." If no candidate or | 18 | | candidates file for an office and if no person or persons file | 19 | | a declaration as a write-in candidate for that office, then | 20 | | below the title of that office the election authority instead | 21 | | shall print "No Candidate". When an electronic
voting system | 22 | | is used which utilizes a ballot label booklet, the candidates
| 23 | | and questions shall appear on the pages of such booklet in the | 24 | | order
provided by this Code; and, in any case where candidates | 25 | | for an office
appear on a page which does not contain the name | 26 | | of any candidate for
another office, and where less than 50% of |
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| 1 | | the page is utilized, the name of
no candidate shall be printed | 2 | | on the lowest 25% of such page. On the back or
outside of the | 3 | | ballot, so as to appear when folded, shall be printed the words
| 4 | | "Official Ballot", followed by the designation of the polling | 5 | | place for
which the ballot is prepared, the date of the | 6 | | election and a facsimile
of the signature of the election | 7 | | authority who has caused the ballots to
be printed. The | 8 | | ballots shall be of plain white paper, through which the
| 9 | | printing or writing cannot be read. However, ballots for use | 10 | | at the
nonpartisan and consolidated elections may be printed | 11 | | on different color
paper, except blue paper, whenever | 12 | | necessary or desirable to facilitate
distinguishing between | 13 | | ballots for different political subdivisions. In
the case of | 14 | | nonpartisan elections for officers of a political
subdivision, | 15 | | unless the statute or an ordinance adopted pursuant to
Article | 16 | | VII of the Constitution providing the form of government
| 17 | | therefor requires otherwise, the column listing such | 18 | | nonpartisan
candidates shall be printed with no appellation or | 19 | | circle at its head.
The party appellation or title, or the word | 20 | | "independent" at the head of
any column provided for | 21 | | independent candidates, shall be printed in letters not less | 22 | | than one-fourth of an inch in height
and a
circle one-half inch | 23 | | in diameter shall be printed at the beginning of
the line in | 24 | | which such appellation or title is printed, provided,
however, | 25 | | that no such circle shall be printed at the head of any column
| 26 | | or columns provided for such independent candidates. The names |
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| 1 | | of
candidates shall be printed in letters not less than | 2 | | one-eighth
nor more than one-fourth of an inch in height, and | 3 | | at the beginning of
each line in which a name of a candidate is | 4 | | printed a square shall be
printed, the sides of which shall be | 5 | | not less than one-fourth of an inch
in length. However, the | 6 | | names of the candidates for Governor and
Lieutenant Governor | 7 | | on the same ticket shall be printed within a bracket
and a | 8 | | single square shall be printed in front of the bracket. The | 9 | | list
of candidates of the several parties and any such list of | 10 | | independent
candidates shall be placed in separate columns on | 11 | | the ballot in such
order as the election authorities charged | 12 | | with the printing of the
ballots shall decide; provided, that | 13 | | the names of the candidates of the
several political parties, | 14 | | certified by the State Board of Elections to
the several | 15 | | county clerks shall be printed by the county clerk of the
| 16 | | proper county on the official ballot in the order certified by | 17 | | the State
Board of Elections. Any county clerk refusing, | 18 | | neglecting or failing to
print on the official ballot the | 19 | | names of candidates of the several
political parties in the | 20 | | order certified by the State Board of
Elections, and any | 21 | | county clerk who prints or causes to be printed upon
the | 22 | | official ballot the name of a candidate, for an office to be | 23 | | filled
by the Electors of the entire State, whose name has not | 24 | | been duly
certified to him upon a certificate signed by the | 25 | | State Board of
Elections shall be guilty of a Class C | 26 | | misdemeanor.
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| 1 | | (b) When an electronic voting system is used which | 2 | | utilizes a ballot
card,
on the inside flap of each ballot card | 3 | | envelope there shall be printed
a form for write-in voting | 4 | | which shall be substantially as follows:
| 5 | | WRITE-IN VOTES
| 6 | | (See card of instructions for specific information. | 7 | | Duplicate form below
by hand for additional write-in votes.)
| 8 | | _____________________________
| 9 | | Title of Office
| 10 | | ( ) ____________________________
| 11 | | Name of Candidate
| 12 | | Write-in lines equal to the number of candidates for which | 13 | | a voter may vote shall be printed for an office only if one or | 14 | | more persons filed declarations of intent to be write-in | 15 | | candidates or qualify to file declarations to be write-in | 16 | | candidates under Sections 17-16.1 and 18-9.1 when the | 17 | | certification of ballot contains the words "OBJECTION | 18 | | PENDING".
| 19 | | (c) When an electronic voting system is used which uses a | 20 | | ballot sheet,
the
instructions to voters on the ballot sheet | 21 | | shall refer the voter to the
card of instructions for specific | 22 | | information on write-in voting. Below
each office appearing on | 23 | | such ballot sheet there shall be a provision for
the casting of | 24 | | a write-in vote. Write-in lines equal to the number of | 25 | | candidates for which a voter may vote shall be printed for an | 26 | | office only if one or more persons filed declarations of |
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| 1 | | intent to be write-in candidates or qualify to file | 2 | | declarations to be write-in candidates under Sections 17-16.1 | 3 | | and 18-9.1 when the certification of ballot contains the words | 4 | | "OBJECTION PENDING".
| 5 | | (d) When such electronic system is used, there shall be | 6 | | printed on the
back of each ballot card, each ballot card | 7 | | envelope, and
the first page of the ballot label when a ballot | 8 | | label is used, the
words "Official Ballot," followed by the | 9 | | number of the
precinct or other precinct identification, which | 10 | | may be stamped, in lieu
thereof and, as applicable, the number | 11 | | and name of the township, ward
or other election district for | 12 | | which the ballot card, ballot card
envelope, and ballot label | 13 | | are prepared, the date of the election and a
facsimile of the | 14 | | signature of the election authority who has caused the
ballots | 15 | | to be printed. The back of the ballot card shall also include
a | 16 | | method of identifying the ballot configuration such as a | 17 | | listing of the
political subdivisions and districts for which | 18 | | votes may be cast on that
ballot, or a number code identifying | 19 | | the ballot configuration or color coded
ballots, except that | 20 | | where there is only one ballot configuration in a
precinct, | 21 | | the precinct identification, and any applicable ward
| 22 | | identification, shall be sufficient. Ballot card envelopes | 23 | | used in punch
card systems shall be of paper through which no | 24 | | writing or punches may be
discerned and shall be of sufficient | 25 | | length to enclose all voting
positions. However, the election | 26 | | authority may provide
ballot card envelopes on which no |
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| 1 | | precinct number or township, ward or
other election district | 2 | | designation, or election date are preprinted, if
space and a | 3 | | preprinted form are provided below the space provided for
the | 4 | | names of write-in candidates where such information may be | 5 | | entered
by the judges of election. Whenever an election | 6 | | authority utilizes
ballot card envelopes on which the election | 7 | | date and precinct is not
preprinted, a judge of election shall | 8 | | mark such information for the
particular precinct and election | 9 | | on the envelope in ink before tallying
and counting any | 10 | | write-in vote written thereon.
If some method of insuring | 11 | | ballot secrecy other than an envelope is used,
such | 12 | | information must be provided on the ballot itself.
| 13 | | (e) In the designation of the name of a candidate on the | 14 | | ballot, the
candidate's given name or names, initial or | 15 | | initials, a nickname by
which the candidate is commonly known, | 16 | | or a combination thereof, may be
used in addition to the | 17 | | candidate's surname. If a candidate has changed his or her | 18 | | name, whether by a statutory or common law procedure in | 19 | | Illinois or any other jurisdiction, within 3 years before the | 20 | | last day for filing the petition for nomination, nomination | 21 | | papers, or certificate of nomination for that office, | 22 | | whichever is applicable, then (i) the candidate's name on the | 23 | | ballot must be followed by "formerly known as (list all prior | 24 | | names during the 3-year period) until name changed on (list | 25 | | date of each such name change)" and (ii) the petition, papers, | 26 | | or certificate must be accompanied by the candidate's |
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| 1 | | affidavit stating the candidate's previous names during the | 2 | | period specified in (i) and the date or dates each of those | 3 | | names was changed; failure to meet these requirements shall be | 4 | | grounds for denying certification of the candidate's name for | 5 | | the ballot or removing the candidate's name from the ballot, | 6 | | as appropriate, but these requirements do not apply to name | 7 | | changes resulting from adoption to assume an adoptive parent's | 8 | | or parents' surname, marriage or civil union to assume a | 9 | | spouse's surname, or dissolution of marriage or civil union or | 10 | | declaration of invalidity of marriage or civil union to assume | 11 | | a former surname or a name change that conforms the | 12 | | candidate's name to his or her gender identity . No other | 13 | | designation such
as a political slogan, title, or degree or | 14 | | nickname suggesting or
implying possession of a
title, degree | 15 | | or professional status, or similar information may be used
in | 16 | | connection with the candidate's surname.
For purposes of this | 17 | | Section, a "political slogan" is defined as any
word or words | 18 | | expressing or connoting a position, opinion, or belief that | 19 | | the
candidate may espouse, including but not limited to, any | 20 | | word or words
conveying any meaning other than that of the | 21 | | personal identity of the
candidate. A
candidate may not use a | 22 | | political slogan as part of his or her name on the
ballot, | 23 | | notwithstanding that the political slogan may be part of the
| 24 | | candidate's name.
| 25 | | (f) The State Board of Elections, a local election | 26 | | official, or an
election
authority shall remove any |
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| 1 | | candidate's name designation from a ballot that is
| 2 | | inconsistent with subsection (e) of this Section. In addition, | 3 | | the State Board
of Elections, a local election official, or an | 4 | | election authority shall not
certify to any election authority | 5 | | any candidate name designation that is
inconsistent with | 6 | | subsection (e) of this Section.
| 7 | | (g) If the State Board of Elections, a local election | 8 | | official, or an
election
authority removes a candidate's name | 9 | | designation from a ballot under
subsection (f) of this | 10 | | Section, then the aggrieved candidate may seek
appropriate | 11 | | relief in circuit court.
| 12 | | Where voting machines or electronic voting systems are | 13 | | used, the
provisions of this Section may be modified as | 14 | | required or authorized by
Article 24 or Article 24A, whichever | 15 | | is applicable.
| 16 | | Nothing in this Section shall prohibit election | 17 | | authorities from using
or reusing ballot card envelopes which | 18 | | were printed before the effective
date of this amendatory Act | 19 | | of 1985.
| 20 | | (Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07; | 21 | | 95-862, eff. 8-19-08.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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