Full Text of HB4488 103rd General Assembly
HB4488enr 103RD GENERAL ASSEMBLY | | | HB4488 Enrolled | | LRB103 34630 SPS 64471 b |
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| 1 | | AN ACT concerning government. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | ARTICLE 5. | 5 | | Section 5-1. Short title. This Act may be cited as the | 6 | | Uniform Faithful Presidential Electors Act. As used in this | 7 | | Article, "this Act" refers to this Article. | 8 | | Section 5-5. Definitions. As used in this Act: | 9 | | "Cast" means accepted by the Secretary of State in | 10 | | accordance with subsection (b) of Section 5-30. | 11 | | "Elector" means an individual selected as a presidential | 12 | | elector under Article 21 of the Election Code and this Act. | 13 | | "President" means the President of the United States. | 14 | | "Unaffiliated presidential candidate" means a candidate | 15 | | for President who qualifies for the general election ballot in | 16 | | this State by means other than nomination by a political | 17 | | party. | 18 | | "Vice President" means the Vice President of the United | 19 | | States. | 20 | | Section 5-10. Designation of State's electors. For each | 21 | | elector position in this State, a political party contesting |
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| 1 | | the position, or an unaffiliated presidential candidate, shall | 2 | | submit to the Secretary of State the names of 2 qualified | 3 | | individuals in accordance with Article 21 of the Election | 4 | | Code. One of the individuals must be designated "elector | 5 | | nominee" and the other "alternate elector nominee". Except as | 6 | | otherwise provided in Sections 5-20 through 5-35, this State's | 7 | | electors are the winning elector nominees under the laws of | 8 | | this State. | 9 | | Section 5-15. Pledge. Each elector nominee and alternate | 10 | | elector nominee of a political party shall execute the | 11 | | following pledge: "If selected for the position of elector, I | 12 | | agree to serve and to mark my ballots for President and Vice | 13 | | President for the nominees for those offices of the party that | 14 | | nominated me.". Each elector nominee and alternate elector | 15 | | nominee of an unaffiliated presidential candidate shall | 16 | | execute the following pledge: "If selected for the position of | 17 | | elector as a nominee of an unaffiliated presidential | 18 | | candidate, I agree to serve and to mark my ballots for that | 19 | | candidate and for that candidate's vice-presidential running | 20 | | mate.". The executed pledges must accompany the submission of | 21 | | the corresponding names to the Secretary of State. | 22 | | Section 5-20. Certification of electors. In submitting | 23 | | this State's certificate of ascertainment as required by 3 | 24 | | U.S.C. 6, the Governor shall certify this State's electors and |
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| 1 | | state in the certificate that: | 2 | | (1) the electors will serve as electors unless a | 3 | | vacancy occurs in the office of elector before the end of | 4 | | the meeting at which elector votes are cast, in which case | 5 | | an alternate elector will fill the vacancy; and | 6 | | (2) if an alternate elector is appointed to fill a | 7 | | vacancy, the Governor will submit an amended certificate | 8 | | of ascertainment stating the names on the final list of | 9 | | this State's electors. | 10 | | Section 5-25. Presiding officer; elector vacancy. | 11 | | (a) The Secretary of State shall preside at the meeting of | 12 | | electors described in Section 5-30. | 13 | | (b) The position of an elector not present to vote is | 14 | | vacant. The Secretary of State shall appoint an individual as | 15 | | an alternate elector to fill a vacancy as follows: | 16 | | (1) if the alternate elector is present to vote, by | 17 | | appointing the alternate elector for the vacant position; | 18 | | (2) if the alternate elector for the vacant position | 19 | | is not present to vote, by appointing an elector chosen by | 20 | | lot from among the alternate electors present to vote who | 21 | | were nominated by the same political party or unaffiliated | 22 | | presidential candidate; | 23 | | (3) if the number of alternate electors present to | 24 | | vote is insufficient to fill any vacant position pursuant | 25 | | to paragraphs (1) and (2), by appointing any immediately |
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| 1 | | available individual who is qualified to serve as an | 2 | | elector and chosen through nomination by and plurality | 3 | | vote of the remaining electors, including nomination and | 4 | | vote by a single elector if only one remains; | 5 | | (4) if there is a tie between at least 2 nominees for | 6 | | alternate elector in a vote conducted under paragraph (3), | 7 | | by appointing an elector chosen by lot from among those | 8 | | nominees; or | 9 | | (5) if all elector positions are vacant and cannot be | 10 | | filled pursuant to paragraphs (1) through (4), by | 11 | | appointing a single presidential elector, with remaining | 12 | | vacant positions to be filled under paragraph (3) and, if | 13 | | necessary, paragraph (4). | 14 | | (c) To qualify as an alternate elector under subsection | 15 | | (b) of this Section, an individual who has not executed the | 16 | | pledge required under Section 5-15 shall execute the following | 17 | | pledge: "I agree to serve and to mark my ballots for President | 18 | | and Vice President consistent with the pledge of the | 19 | | individual to whose elector position I have succeeded.". | 20 | | Section 5-30. Elector voting. | 21 | | (a) At the time designated for elector voting and after | 22 | | all vacant positions have been filled under Section 5-25, the | 23 | | Secretary of State shall provide each elector with a | 24 | | presidential and a vice-presidential ballot. The elector shall | 25 | | mark the elector's presidential and vice-presidential ballots |
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| 1 | | with the elector's votes for the offices of President and Vice | 2 | | President, respectively, along with the elector's signature | 3 | | and the elector's legibly printed name. | 4 | | (b) Except as otherwise provided by law of this State | 5 | | other than this Act, each elector shall present both completed | 6 | | ballots to the Secretary of State, who shall examine the | 7 | | ballots and accept as cast all ballots of electors whose votes | 8 | | are consistent with their pledges executed under Section 5-15 | 9 | | or subsection (c) of Section 5-25. Except as otherwise | 10 | | provided by law of this State other than this Act, the | 11 | | Secretary of State may not accept and may not count either an | 12 | | elector's presidential or vice-presidential ballot if the | 13 | | elector has not marked both ballots or has marked a ballot in | 14 | | violation of the elector's pledge. | 15 | | (c) An elector who refuses to present a ballot, presents | 16 | | an unmarked ballot, or presents a ballot marked in violation | 17 | | of the elector's pledge executed under Section 5-15 or | 18 | | subsection (c) of Section 5-25 vacates the office of elector, | 19 | | creating a vacant position to be filled under Section 5-25. | 20 | | (d) The Secretary of State shall distribute ballots to and | 21 | | collect ballots from an alternate elector and repeat the | 22 | | process under this Section of examining ballots, declaring and | 23 | | filling vacant positions as required, and recording | 24 | | appropriately completed ballots from the alternate electors, | 25 | | until all of this State's electoral votes have been cast and | 26 | | recorded. |
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| 1 | | Section 5-35. Elector replacement; associated | 2 | | certificates. | 3 | | (a) After the vote of this State's electors is completed, | 4 | | if the final list of electors differs from any list that the | 5 | | Governor previously included on a certificate of ascertainment | 6 | | prepared and transmitted under 3 U.S.C. 6, the Secretary of | 7 | | State immediately shall prepare an amended certificate of | 8 | | ascertainment and transmit it to the Governor for the | 9 | | Governor's signature. | 10 | | (b) The Governor immediately shall deliver the signed | 11 | | amended certificate of ascertainment to the Secretary of State | 12 | | and a signed duplicate original of the amended certificate of | 13 | | ascertainment to all individuals entitled to receive this | 14 | | State's certificate of ascertainment, indicating that the | 15 | | amended certificate of ascertainment is to be substituted for | 16 | | the certificate of ascertainment previously submitted. | 17 | | (c) The Secretary of State shall prepare a certificate of | 18 | | vote. The electors on the final list shall sign the | 19 | | certificate of vote. The Secretary of State shall process and | 20 | | transmit the signed certificate of vote with the amended | 21 | | certificate of ascertainment under 3 U.S.C. Sections 9, 10, | 22 | | and 11. | 23 | | Section 5-40. Uniformity of application and construction. | 24 | | In applying and construing this uniform Act, consideration |
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| 1 | | must be given to the need to promote uniformity of the law with | 2 | | respect to its subject matter among states that enact it. | 3 | | Section 5-90. The Election Code is amended by changing | 4 | | Sections 21-1, 21-2, 21-3, and 21-4 as follows: | 5 | | (10 ILCS 5/21-1) (from Ch. 46, par. 21-1) | 6 | | Sec. 21-1. Choosing and election of electors of President | 7 | | and Vice-President of the United States shall be in the | 8 | | following manner: | 9 | | (a) In each year in which a President and Vice-President | 10 | | of the United States are chosen, each political party or group | 11 | | in this State shall choose by its State Convention or State | 12 | | central committee electors and alternate electors of President | 13 | | and Vice-President of the United States and such State | 14 | | Convention or State central committee of such party or group | 15 | | shall also choose electors at large and alternate electors at | 16 | | large , if any are to be appointed for this State and such State | 17 | | Convention or State central committee of such party or group | 18 | | shall by its chair and secretary certify the total list of such | 19 | | electors and alternate electors together with electors at | 20 | | large and alternate electors at large so chosen to the State | 21 | | Board of Elections. | 22 | | The filing of such certificate with the Board, of such | 23 | | choosing of electors and alternate electors shall be deemed | 24 | | and taken to be the choosing and selection of the electors and |
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| 1 | | alternate electors of this State, if such party or group is | 2 | | successful at the polls as herein provided in choosing their | 3 | | candidates for President and Vice-President of the United | 4 | | States. | 5 | | (b) The names of the candidates of the several political | 6 | | parties or groups for electors and alternate electors of | 7 | | President and Vice-President shall not be printed on the | 8 | | official ballot to be voted in the election to be held on the | 9 | | day in this Act above named. In lieu of the names of the | 10 | | candidates for such electors and alternate electors of | 11 | | President and Vice-President, immediately under the | 12 | | appellation of party name of a party or group in the column of | 13 | | its candidates on the official ballot, to be voted at said | 14 | | election first above named in subsection (1) of Section 2A-1.2 | 15 | | and Section 2A-2, there shall be printed within a bracket the | 16 | | name of the candidate for President and the name of the | 17 | | candidate for Vice-President of such party or group with a | 18 | | square to the left of such bracket. Each voter in this State | 19 | | from the several lists or sets of electors and alternate | 20 | | electors so chosen and selected by the said respective | 21 | | political parties or groups, may choose and elect one of such | 22 | | lists or sets of electors and alternate electors by placing a | 23 | | cross in the square to the left of the bracket aforesaid of one | 24 | | of such parties or groups. Placing a cross within the square | 25 | | before the bracket enclosing the names of President and | 26 | | Vice-President shall not be deemed and taken as a direct vote |
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| 1 | | for such candidates for President and Vice-President, or | 2 | | either of them, but shall only be deemed and taken to be a vote | 3 | | for the entire list or set of electors and alternate electors | 4 | | chosen by that political party or group so certified to the | 5 | | State Board of Elections as herein provided. Voting by means | 6 | | of placing a cross in the appropriate place preceding the | 7 | | appellation or title of the particular political party or | 8 | | group, shall not be deemed or taken as a direct vote for the | 9 | | candidates for President and Vice-President, or either of | 10 | | them, but instead to the Presidential vote, as a vote for the | 11 | | entire list or set of electors and alternate electors chosen | 12 | | by that political party or group so certified to the State | 13 | | Board of Elections as herein provided. | 14 | | (c) Such certification by the respective political parties | 15 | | or groups in this State of electors and alternate electors of | 16 | | President and Vice-President shall be made to the State Board | 17 | | of Elections within 2 days after such State convention or | 18 | | meeting of the State central committee in which the electors | 19 | | and alternate electors were chosen. | 20 | | (d) Should more than one certificate of choice and | 21 | | selection of electors and alternate electors of the same | 22 | | political party or group be filed by contesting conventions or | 23 | | contesting groups, it shall be the duty of the State Board of | 24 | | Elections within 10 days after the adjournment of the last of | 25 | | such conventions to meet and determine which set of nominees | 26 | | for electors and alternate electors of such party or group was |
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| 1 | | chosen and selected by the authorized convention of such party | 2 | | or group. The Board, after notice to the chair and secretaries | 3 | | or managers of the conventions or groups and after a hearing | 4 | | shall determine which set of electors and alternate electors | 5 | | was so chosen by the authorized convention and shall so | 6 | | announce and publish the fact, and such decision shall be | 7 | | final and the set of electors and alternate electors so | 8 | | determined upon by the electoral board to be so chosen shall be | 9 | | the list or set of electors and alternate electors to be deemed | 10 | | elected if that party shall be successful at the polls, as | 11 | | herein provided. | 12 | | (e) Should a vacancy occur in the choice of an elector in a | 13 | | congressional district, such vacancy may be filled by the | 14 | | executive committee of the party or group for such | 15 | | congressional district, to be certified by such committee to | 16 | | the State Board of Elections. Should a vacancy occur in the | 17 | | office of elector at large , such vacancy shall be filled in | 18 | | accordance with Section 25 of the Uniform Faithful | 19 | | Presidential Electors Act. by the State committee of such | 20 | | political party or group, and certified by it to the State | 21 | | Board of Elections. | 22 | | (Source: P.A. 99-522, eff. 6-30-16; 100-1027, eff. 1-1-19 .) | 23 | | (10 ILCS 5/21-2) (from Ch. 46, par. 21-2) | 24 | | Sec. 21-2. The county clerks of the several counties | 25 | | shall, within 21 days next after holding the election named in |
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| 1 | | subsection (1) of Section 2A-1.2 and Section 2A-2, make 2 | 2 | | copies of the abstract of the votes cast for electors and | 3 | | alternate electors by each political party or group, as | 4 | | indicated by the voter, as aforesaid, by a cross in the square | 5 | | to the left of the bracket aforesaid, or as indicated by a | 6 | | cross in the appropriate place preceding the appellation or | 7 | | title of the particular political party or group, and transmit | 8 | | by mail one of the copies to the office of the State Board of | 9 | | Elections and retain the other in his office, to be sent for by | 10 | | the electoral board in case the other should be mislaid. | 11 | | Within 31 days after the holding of such election, and sooner | 12 | | if all the returns are received by the State Board of | 13 | | Elections, the State Board of Elections shall proceed to open | 14 | | and canvass said election returns and to declare which set of | 15 | | candidates for President and Vice-President received, as | 16 | | aforesaid, the highest number of votes cast at such election | 17 | | as aforesaid; and the electors and alternate electors of that | 18 | | party whose candidates for President and Vice-President | 19 | | received the highest number of votes so cast shall be taken and | 20 | | deemed to be elected as electors and alternate electors of | 21 | | President and Vice-President, but should 2 or more sets of | 22 | | candidates for President and Vice-President be returned with | 23 | | an equal and the highest vote, the State Board of Elections | 24 | | shall cause a notice of the same to be published, which notice | 25 | | shall name some day and place, not less than 5 days from the | 26 | | time of such publication of such notice, upon which the State |
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| 1 | | Board of Elections will decide by lot which of the sets of | 2 | | candidates for President and Vice-President so equal and | 3 | | highest shall be declared to be highest. And upon the day and | 4 | | at the place so appointed in the notice, the board shall so | 5 | | decide by lot and declare which is deemed highest of the sets | 6 | | of candidates for President and Vice-President so equal and | 7 | | highest, thereby determining only that the electors and | 8 | | alternate electors chosen as aforesaid by such candidates' | 9 | | party or group are thereby elected by general ticket to be such | 10 | | electors and alternate electors . | 11 | | (Source: P.A. 100-863, eff. 8-14-18.) | 12 | | (10 ILCS 5/21-3) (from Ch. 46, par. 21-3) | 13 | | Sec. 21-3. Within five days after the votes shall have | 14 | | been canvassed and the results declared or the result declared | 15 | | by lot as provided for in Section 21-2 above, the Governor | 16 | | shall cause the result of said election to be published, and | 17 | | shall proclaim the persons electors and alternate electors of | 18 | | President and Vice-President so chosen composing the list so | 19 | | elected, by transmitting by mail to the several persons so | 20 | | chosen and composing the list or set elected, electors of | 21 | | President and Vice-President certificates in triplicate, under | 22 | | the Seal of State of their appointment, and shall also | 23 | | transmit under the Seal of State to the Secretary of State of | 24 | | the United States the certificate of the election of said | 25 | | electors and alternate electors as required by the laws of |
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| 1 | | Congress. | 2 | | (Source: Laws 1943, vol. 2, p. 1.) | 3 | | (10 ILCS 5/21-4) (from Ch. 46, par. 21-4) | 4 | | Sec. 21-4. Presidential electors; meeting; allowance. The | 5 | | electors and alternate electors , elected under this Article, | 6 | | shall meet at the office of the Secretary of State in a room to | 7 | | be designated by the Secretary in the Capitol at Springfield | 8 | | in this State, at the time appointed by the laws of the United | 9 | | States at the hour of ten o'clock in the forenoon of that day, | 10 | | and give their votes for President and for Vice-President of | 11 | | the United States, in the manner provided by the Uniform | 12 | | Faithful Presidential Electors Act in this Article , and | 13 | | perform such duties as are or may be required by law. Each | 14 | | elector and alternate elector shall receive an allowance for | 15 | | food and lodging equal to the amount per day permitted to be | 16 | | deducted for such expenses under the Internal Revenue Code, | 17 | | plus a mileage allowance at the rate in effect under | 18 | | regulations promulgated pursuant to 5 U.S.C. 5707(b)(2) for | 19 | | the number of highway miles necessarily and conveniently | 20 | | traveled, for going to the seat of government to give his or | 21 | | her vote and returning to his or her residence and otherwise | 22 | | performing the official duties of an elector and alternate | 23 | | elector , to be paid on the warrant of the State Comptroller, | 24 | | out of any money in the treasury not otherwise appropriated, | 25 | | and any person appointed by the electors assembled to fill a |
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| 1 | | vacancy shall also receive the allowances provided for | 2 | | electors appointed. However, an elector who refuses to present | 3 | | a ballot, presents an unmarked ballot, or presents a ballot | 4 | | marked in violation of the elector's pledge in the Uniform | 5 | | Faithful Presidential Electors Act may not receive an | 6 | | allowance for food and lodging. | 7 | | (Source: P.A. 92-359, eff. 1-1-02.) | 8 | | (10 ILCS 5/21-5 rep.) | 9 | | Section 5-95. The Election Code is amended by repealing | 10 | | Section 21-5. | 11 | | ARTICLE 10. | 12 | | Section 10-5. The Election Code is amended by changing | 13 | | Sections 1-4, 1A-25, 1A-45, 2A-9, 7-5, 7-12, 8-9, 9-8.5, 9-11, | 14 | | 9-23.5, 9-35, 9-50, 10-6, 10-6.1, 10-10.1, 13-6.1, 14-5.1, | 15 | | 19-12.2, 19A-21, 25-3, 28-8, 29B-10, 29B-15, and 29B-20 as | 16 | | follows: | 17 | | (10 ILCS 5/1-4) (from Ch. 46, par. 1-4) | 18 | | Sec. 1-4. (a) In any case in which this Act prescribes a | 19 | | period of time within which petitions for nomination must be | 20 | | filed, the office in which petitions must be filed shall | 21 | | remain open for the receipt of such petitions until 5:00 P.M. | 22 | | on the last day of the filing period. |
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| 1 | | (b) (Blank). For the 2013 consolidated election period, an | 2 | | election authority or local election official shall accept | 3 | | until 104 days before the election at which candidates are to | 4 | | be on the ballot any petitions for nomination or certificate | 5 | | of nomination required by this Code to be filed no earlier than | 6 | | 113 and no later than 106 days before the consolidated | 7 | | election. Notwithstanding any other provision of this Code, | 8 | | for purposes of this subsection (b) only, signatures and | 9 | | circulator statements on petitions for nomination filed with | 10 | | an election authority or local election official on the final | 11 | | day for filing petitions for nomination shall not be deemed | 12 | | invalid for the sole reason that the petitions were circulated | 13 | | between 90 and 92 days before the last day for filing | 14 | | petitions. | 15 | | (Source: P.A. 97-1134, eff. 12-3-12.) | 16 | | (10 ILCS 5/1A-25) | 17 | | Sec. 1A-25. Centralized statewide voter registration list. | 18 | | (a) The centralized statewide voter registration list | 19 | | required by Title III, Subtitle A, Section 303 of the Help | 20 | | America Vote Act of 2002 shall be created and maintained by the | 21 | | State Board of Elections as provided in this Section. | 22 | | (1) The centralized statewide voter registration list | 23 | | shall be compiled from the voter registration data bases | 24 | | of each election authority in this State. | 25 | | (2) With the exception of voter registration forms |
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| 1 | | submitted electronically through an online voter | 2 | | registration system, all new voter registration forms and | 3 | | applications to register to vote, including those reviewed | 4 | | by the Secretary of State at a driver services facility, | 5 | | shall be transmitted only to the appropriate election | 6 | | authority as required by Articles 4, 5, and 6 of this Code | 7 | | and not to the State Board of Elections. All voter | 8 | | registration forms submitted electronically to the State | 9 | | Board of Elections through an online voter registration | 10 | | system shall be transmitted to the appropriate election | 11 | | authority as required by Section 1A-16.5. The election | 12 | | authority shall process and verify each voter registration | 13 | | form and electronically enter verified registrations on an | 14 | | expedited basis onto the statewide voter registration | 15 | | list. All original registration cards shall remain | 16 | | permanently in the office of the election authority as | 17 | | required by this Code. | 18 | | (3) The centralized statewide voter registration list | 19 | | shall: | 20 | | (i) Be designed to allow election authorities to | 21 | | utilize the registration data on the statewide voter | 22 | | registration list pertinent to voters registered in | 23 | | their election jurisdiction on locally maintained | 24 | | software programs that are unique to each | 25 | | jurisdiction. | 26 | | (ii) Allow each election authority to perform |
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| 1 | | essential election management functions, including but | 2 | | not limited to production of voter lists, processing | 3 | | of vote by mail voters, production of individual, | 4 | | pre-printed applications to vote, administration of | 5 | | election judges, and polling place administration, but | 6 | | shall not prevent any election authority from using | 7 | | information from that election authority's own | 8 | | systems. | 9 | | (4) The registration information maintained by each | 10 | | election authority shall be synchronized with that | 11 | | authority's information on the statewide list at least | 12 | | once every 24 hours. | 13 | | (5) The vote by mail, early vote, and rejected ballot | 14 | | information maintained by each election authority shall be | 15 | | synchronized with the election authority's information on | 16 | | the statewide list at least once every 24 hours. The State | 17 | | Board of Elections shall maintain the information required | 18 | | by this paragraph in an electronic format on its website, | 19 | | arranged by county and accessible to State and local | 20 | | political committees. | 21 | | (i) Within one day after receipt of a vote by mail | 22 | | voter's ballot, the election authority shall transmit | 23 | | by electronic means the voter's name, street address, | 24 | | email address and precinct, ward, township, and | 25 | | district numbers, as the case may be, to the State | 26 | | Board of Elections. |
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| 1 | | (ii) Within one day after receipt of an early | 2 | | voter's ballot, the election authority shall transmit | 3 | | by electronic means the voter's name, street address, | 4 | | email address and precinct, ward, township, and | 5 | | district numbers, as the case may be, to the State | 6 | | Board of Elections. | 7 | | (iii) If a vote by mail ballot is rejected for any | 8 | | reason, within one day after the rejection the | 9 | | election authority shall transmit by electronic means | 10 | | the voter's name, street address, email address and | 11 | | precinct, ward, township, and district numbers, as the | 12 | | case may be, to the State Board of Elections. If a | 13 | | rejected vote by mail ballot is determined to be | 14 | | valid, the election authority shall, within one day | 15 | | after the determination, remove the name of the voter | 16 | | from the list transmitted to the State Board of | 17 | | Election. | 18 | | (6) Beginning no later than January 1, 2024, the | 19 | | statewide voter registration list shall be updated on a | 20 | | monthly basis by no sooner than the first of every month; | 21 | | however, the information required in paragraph (5) shall | 22 | | be updated at least every 24 hours and made available upon | 23 | | request to permitted entities as described in this | 24 | | Section. | 25 | | (b) To protect the privacy and confidentiality of voter | 26 | | registration information, the disclosure of any portion of the |
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| 1 | | centralized statewide voter registration list to any person or | 2 | | entity other than to a State or local political committee and | 3 | | other than to a governmental entity for a governmental purpose | 4 | | is specifically prohibited except as follows: (1) subject to | 5 | | security measures adopted by the State Board of Elections | 6 | | which, at a minimum, shall include the keeping of a catalog or | 7 | | database, available for public view, including the name, | 8 | | address, and telephone number of the person viewing the list | 9 | | as well as the time of that viewing, any person may view the | 10 | | list on a computer screen at the Springfield office of the | 11 | | State Board of Elections, during normal business hours other | 12 | | than during the 27 days before an election, but the person | 13 | | viewing the list under this exception may not print, | 14 | | duplicate, transmit, or alter the list; or (2) as may be | 15 | | required by an agreement the State Board of Elections has | 16 | | entered into with a multi-state voter registration list | 17 | | maintenance system. | 18 | | (c) Except during the 27 days immediately preceding any | 19 | | election, the State Board of Elections shall make available to | 20 | | the public the statewide voter registration list, allowing for | 21 | | redaction of telephone numbers, social security numbers, | 22 | | street numbers of home addresses, birth dates, identifiable | 23 | | portions of email addresses, and other highly sensitive | 24 | | personal information. Information released under this | 25 | | subsection shall be used only for the purposes defined within | 26 | | the federal National Voter Registration Act, 52 U.S.C. |
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| 1 | | 20507(i), ensuring the accuracy and currency of official lists | 2 | | of eligible voters. The State Board of Elections may charge a | 3 | | reasonable fee under this subsection, consisting of the cost | 4 | | of duplication plus a 15% fee for administration. No sooner | 5 | | than 14 days after a request for voter registration records is | 6 | | made under this subsection, the State Board of Elections shall | 7 | | publicly disclose the request on a publicly accessible website | 8 | | regardless of whether the request was approved or denied. | 9 | | Voter registration records or data shall not be used for any | 10 | | personal, private, or commercial purpose, including, but not | 11 | | limited to, the intimidation, threat, or deception of any | 12 | | person or the advertising, solicitation, sale, or marketing of | 13 | | products or services. The State Board of Elections shall deny | 14 | | a request made under this subsection to any person or entity | 15 | | that is the subject of a court order finding a violation of | 16 | | this subsection. Upon the entry of a court order finding that a | 17 | | person or entity has violated this subsection, the clerk of | 18 | | the circuit court shall forward a copy of the order to the | 19 | | State Board of Elections. | 20 | | (Source: P.A. 103-467, eff. 8-4-23.) | 21 | | (10 ILCS 5/1A-45) | 22 | | Sec. 1A-45. Electronic Registration Information Center. | 23 | | (a) The State Board of Elections shall enter into an | 24 | | agreement with the Electronic Registration Information Center | 25 | | effective no later than January 1, 2016, for the purpose of |
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| 1 | | maintaining a statewide voter registration database. The State | 2 | | Board of Elections shall comply with the requirements of the | 3 | | Electronic Registration Information Center Membership | 4 | | Agreement. The State Board of Elections shall require a term | 5 | | in the Electronic Registration Information Center Membership | 6 | | Agreement that requires the State to share identification | 7 | | records contained in the Secretary of State's Driver Services | 8 | | Department and Vehicle Services Department , the Department of | 9 | | Human Services, the Department of Healthcare and Family | 10 | | Services, the Department on Aging, and the Department of | 11 | | Employment Security databases (excluding those fields | 12 | | unrelated to voter eligibility, such as income or health | 13 | | information). | 14 | | (b) The Secretary of State and the State Board of | 15 | | Elections shall enter into an agreement to permit the | 16 | | Secretary of State to provide the State Board of Elections | 17 | | with any information required for compliance with the | 18 | | Electronic Registration Information Center Membership | 19 | | Agreement. The Secretary of State shall deliver this | 20 | | information as frequently as necessary for the State Board of | 21 | | Elections to comply with the Electronic Registration | 22 | | Information Center Membership Agreement. | 23 | | (b-5) (Blank). The State Board of Elections and the | 24 | | Department of Human Services, the Department of Healthcare and | 25 | | Family Services, the Department on Aging, and the Department | 26 | | of Employment Security shall enter into an agreement to |
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| 1 | | require each department to provide the State Board of | 2 | | Elections with any information necessary to transmit member | 3 | | data under the Electronic Registration Information Center | 4 | | Membership Agreement. The director or secretary, as | 5 | | applicable, of each agency shall deliver this information on | 6 | | an annual basis to the State Board of Elections pursuant to the | 7 | | agreement between the entities. | 8 | | (c) Any communication required to be delivered to a | 9 | | registrant or potential registrant pursuant to the Electronic | 10 | | Registration Information Center Membership Agreement shall | 11 | | include at least the following message: | 12 | | "Our records show people at this address may not be | 13 | | registered to vote at this address, but you may be | 14 | | eligible to register to vote or re-register to vote at | 15 | | this address. If you are a U.S. Citizen, a resident of | 16 | | Illinois, and will be 18 years old or older before the next | 17 | | general election in November, you are qualified to vote. | 18 | | We invite you to check your registration online at | 19 | | (enter URL) or register to vote online at (enter URL), by | 20 | | requesting a mail-in voter registration form by (enter | 21 | | instructions for requesting a mail-in voter registration | 22 | | form), or visiting the (name of election authority) office | 23 | | at (address of election authority)." | 24 | | The words "register to vote online at (enter URL)" shall | 25 | | be bolded and of a distinct nature from the other words in the | 26 | | message required by this subsection (c). |
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| 1 | | (d) Any communication required to be delivered to a | 2 | | potential registrant that has been identified by the | 3 | | Electronic Registration Information Center as eligible to vote | 4 | | but who is not registered to vote in Illinois shall be prepared | 5 | | and disseminated at the direction of the State Board of | 6 | | Elections. All other communications with potential registrants | 7 | | or re-registrants pursuant to the Electronic Registration | 8 | | Information Center Membership Agreement shall be prepared and | 9 | | disseminated at the direction of the appropriate election | 10 | | authority. | 11 | | (e) The Executive Director of the State Board of Elections | 12 | | or his or her designee shall serve as the Member | 13 | | Representative to the Electronic Registration Information | 14 | | Center. | 15 | | (f) The State Board of Elections may adopt any rules | 16 | | necessary to enforce this Section or comply with the | 17 | | Electronic Registration Information Center Membership | 18 | | Agreement. | 19 | | (Source: P.A. 102-558, eff. 8-20-21.) | 20 | | (10 ILCS 5/2A-9) (from Ch. 46, par. 2A-9) | 21 | | (Text of Section WITHOUT the changes made by P.A. 89-719, | 22 | | which has been held unconstitutional) | 23 | | Sec. 2A-9. Supreme, Appellate and Circuit Judges. | 24 | | (a) If one of the following events occurs 134 92 or more | 25 | | days before a general primary election at which judges are to |
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| 1 | | be nominated, the term of an incumbent judge will expire on the | 2 | | first Monday in December of the next even-numbered year: | 3 | | (1) the judge dies; | 4 | | (2) the Chief Justice receives a written resignation | 5 | | or notice of retirement, signed and submitted by the | 6 | | judge, which specifies a date of resignation or retirement | 7 | | on or before the first Monday in December of the next | 8 | | even-numbered year; | 9 | | (3) a statute mandates the judge's retirement for | 10 | | reason of age on or before the first Monday in December of | 11 | | the next even-numbered year; | 12 | | (4) the judge was eligible to seek retention in the | 13 | | next general election but failed to timely file a | 14 | | declaration of candidacy to succeed himself or, having | 15 | | timely filed such declaration, withdrew it; | 16 | | (5) the judge is convicted of a felony or other | 17 | | infamous crime; | 18 | | (6) the judge is removed from office. | 19 | | If one of the preceding events occurs less than 134 92 days | 20 | | before a primary election at which judges are to be nominated, | 21 | | the term of an incumbent judge will expire on the first Monday | 22 | | in December following the second general election thereafter. | 23 | | (b) Judges of the Appellate and Circuit Courts shall be | 24 | | elected in their respective districts or circuits at the | 25 | | general election of each even-numbered year immediately | 26 | | preceding the expiration of the term of each incumbent judge, |
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| 1 | | not retained, and shall enter upon the duties of their offices | 2 | | on the first Monday of December after their election. | 3 | | (c) Whenever an additional appellate or Circuit Judge is | 4 | | authorized by law, the office shall be filled in the manner | 5 | | provided for filling a vacancy in that office. | 6 | | (Source: P.A. 86-1348 .) | 7 | | (10 ILCS 5/7-5) (from Ch. 46, par. 7-5) | 8 | | Sec. 7-5. (a) Primary elections shall be held on the dates | 9 | | prescribed in Article 2A. | 10 | | (b) Notwithstanding the provisions of any other statute, | 11 | | no primary shall be held for an established political party in | 12 | | any township, municipality, or ward thereof, where the | 13 | | nomination of such party for every office to be voted upon by | 14 | | the electors of such township, municipality, or ward thereof, | 15 | | is uncontested. Whenever a political party's nomination of | 16 | | candidates is uncontested as to one or more, but not all, of | 17 | | the offices to be voted upon by the electors of a township, | 18 | | municipality, or ward thereof, then a primary shall be held | 19 | | for that party in such township, municipality, or ward | 20 | | thereof; provided that the primary ballot shall not include | 21 | | those offices within such township, municipality, or ward | 22 | | thereof, for which the nomination is uncontested. For purposes | 23 | | of this Article, the nomination of an established political | 24 | | party of a candidate for election to an office shall be deemed | 25 | | to be uncontested where not more than the number of persons to |
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| 1 | | be nominated have timely filed valid nomination papers seeking | 2 | | the nomination of such party for election to such office. | 3 | | (c) Notwithstanding the provisions of any other statute, | 4 | | no primary election shall be held for an established political | 5 | | party for any special primary election called for the purpose | 6 | | of filling a vacancy in the office of representative in the | 7 | | United States Congress where the nomination of such political | 8 | | party for said office is uncontested. For the purposes of this | 9 | | Article, the nomination of an established political party of a | 10 | | candidate for election to said office shall be deemed to be | 11 | | uncontested where not more than the number of persons to be | 12 | | nominated have timely filed valid nomination papers seeking | 13 | | the nomination of such established party for election to said | 14 | | office. This subsection (c) shall not apply if such primary | 15 | | election is conducted on a regularly scheduled election day. | 16 | | (d) Notwithstanding the provisions in subsection (b) and | 17 | | (c) of this Section , whenever a person who has not timely filed | 18 | | valid nomination papers and who intends to become a write-in | 19 | | candidate for a political party's nomination for any office | 20 | | for which the nomination is uncontested files a written | 21 | | statement or notice of that intent with the State Board of | 22 | | Elections or the local election official where the candidate | 23 | | is seeking to appear on the ballot with whom nomination papers | 24 | | for such office are filed , a primary ballot shall be prepared | 25 | | and a primary shall be held for that office. Such statement or | 26 | | notice shall be filed on or before the date established in this |
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| 1 | | Article for certifying candidates for the primary ballot. Such | 2 | | statement or notice shall contain (i) the name and address of | 3 | | the person intending to become a write-in candidate, (ii) a | 4 | | statement that the person is a qualified primary elector of | 5 | | the political party from whom the nomination is sought, (iii) | 6 | | a statement that the person intends to become a write-in | 7 | | candidate for the party's nomination, and (iv) the office the | 8 | | person is seeking as a write-in candidate. An election | 9 | | authority shall have no duty to conduct a primary and prepare a | 10 | | primary ballot for any office for which the nomination is | 11 | | uncontested, unless a statement or notice meeting the | 12 | | requirements of this Section is filed in a timely manner. | 13 | | (e) The polls shall be open from 6:00 a.m. to 7:00 p.m. | 14 | | (Source: P.A. 86-873.) | 15 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12) | 16 | | Sec. 7-12. All petitions for nomination shall be filed by | 17 | | mail or in person as follows: | 18 | | (1) Except as otherwise provided in this Code, where | 19 | | the nomination is to be made for a State, congressional, | 20 | | or judicial office, or for any office a nomination for | 21 | | which is made for a territorial division or district which | 22 | | comprises more than one county or is partly in one county | 23 | | and partly in another county or counties (including the | 24 | | Fox Metro Water Reclamation District), then, except as | 25 | | otherwise provided in this Section, such petition for |
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| 1 | | nomination shall be filed in the principal office of the | 2 | | State Board of Elections not more than 141 and not less | 3 | | than 134 days prior to the date of the primary, but, in the | 4 | | case of petitions for nomination to fill a vacancy by | 5 | | special election in the office of representative in | 6 | | Congress from this State, such petition for nomination | 7 | | shall be filed in the principal office of the State Board | 8 | | of Elections not more than 85 113 days and not less than 82 | 9 | | 110 days prior to the date of the primary. | 10 | | Where a vacancy occurs in the office of Supreme, | 11 | | Appellate or Circuit Court Judge within the 3-week period | 12 | | preceding the 134th day before a general primary election, | 13 | | petitions for nomination for the office in which the | 14 | | vacancy has occurred shall be filed in the principal | 15 | | office of the State Board of Elections not more than 120 | 16 | | nor less than 113 days prior to the date of the general | 17 | | primary election. | 18 | | Where the nomination is to be made for delegates or | 19 | | alternate delegates to a national nominating convention, | 20 | | then such petition for nomination shall be filed in the | 21 | | principal office of the State Board of Elections not more | 22 | | than 141 and not less than 134 days prior to the date of | 23 | | the primary; provided, however, that if the rules or | 24 | | policies of a national political party conflict with such | 25 | | requirements for filing petitions for nomination for | 26 | | delegates or alternate delegates to a national nominating |
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| 1 | | convention, the chair of the State central committee of | 2 | | such national political party shall notify the Board in | 3 | | writing, citing by reference the rules or policies of the | 4 | | national political party in conflict, and in such case the | 5 | | Board shall direct such petitions to be filed in | 6 | | accordance with the delegate selection plan adopted by the | 7 | | state central committee of such national political party. | 8 | | (2) Where the nomination is to be made for a county | 9 | | office or trustee of a sanitary district then such | 10 | | petition shall be filed in the office of the county clerk | 11 | | not more than 141 nor less than 134 days prior to the date | 12 | | of the primary. | 13 | | (3) Where the nomination is to be made for a municipal | 14 | | or township office, such petitions for nomination shall be | 15 | | filed in the office of the local election official, not | 16 | | more than 127 nor less than 120 days prior to the date of | 17 | | the primary; provided, where a municipality's or | 18 | | township's boundaries are coextensive with or are entirely | 19 | | within the jurisdiction of a municipal board of election | 20 | | commissioners, the petitions shall be filed in the office | 21 | | of such board; and provided, that petitions for the office | 22 | | of multi-township assessor shall be filed with the | 23 | | election authority. | 24 | | (4) The petitions of candidates for State central | 25 | | committeeperson shall be filed in the principal office of | 26 | | the State Board of Elections not more than 141 nor less |
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| 1 | | than 134 days prior to the date of the primary. | 2 | | (5) Petitions of candidates for precinct, township or | 3 | | ward committeepersons shall be filed in the office of the | 4 | | county clerk not more than 141 nor less than 134 days prior | 5 | | to the date of the primary. | 6 | | (6) The State Board of Elections and the various | 7 | | election authorities and local election officials with | 8 | | whom such petitions for nominations are filed shall | 9 | | specify the place where filings shall be made and upon | 10 | | receipt shall endorse thereon the day and hour on which | 11 | | each petition was filed. All petitions filed by persons | 12 | | waiting in line as of 8:00 a.m. on the first day for | 13 | | filing, or as of the normal opening hour of the office | 14 | | involved on such day, shall be deemed filed as of 8:00 a.m. | 15 | | or the normal opening hour, as the case may be. Petitions | 16 | | filed by mail and received after midnight of the first day | 17 | | for filing and in the first mail delivery or pickup of that | 18 | | day shall be deemed as filed as of 8:00 a.m. of that day or | 19 | | as of the normal opening hour of such day, as the case may | 20 | | be. All petitions received thereafter shall be deemed as | 21 | | filed in the order of actual receipt. However, 2 or more | 22 | | petitions filed within the last hour of the filing | 23 | | deadline shall be deemed filed simultaneously. Where 2 or | 24 | | more petitions are received simultaneously, the State | 25 | | Board of Elections or the various election authorities or | 26 | | local election officials with whom such petitions are |
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| 1 | | filed shall break ties and determine the order of filing, | 2 | | by means of a lottery or other fair and impartial method of | 3 | | random selection approved by the State Board of Elections. | 4 | | Such lottery shall be conducted within 9 days following | 5 | | the last day for petition filing and shall be open to the | 6 | | public. Seven days written notice of the time and place of | 7 | | conducting such random selection shall be given by the | 8 | | State Board of Elections to the chair of the State central | 9 | | committee of each established political party, and by each | 10 | | election authority or local election official, to the | 11 | | County Chair of each established political party, and to | 12 | | each organization of citizens within the election | 13 | | jurisdiction which was entitled, under this Article, at | 14 | | the next preceding election, to have pollwatchers present | 15 | | on the day of election. The State Board of Elections, | 16 | | election authority or local election official shall post | 17 | | in a conspicuous, open and public place, at the entrance | 18 | | of the office, notice of the time and place of such | 19 | | lottery. The State Board of Elections shall adopt rules | 20 | | and regulations governing the procedures for the conduct | 21 | | of such lottery. All candidates shall be certified in the | 22 | | order in which their petitions have been filed. Where | 23 | | candidates have filed simultaneously, they shall be | 24 | | certified in the order determined by lot and prior to | 25 | | candidates who filed for the same office at a later time. | 26 | | (7) The State Board of Elections or the appropriate |
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| 1 | | election authority or local election official with whom | 2 | | such a petition for nomination is filed shall notify the | 3 | | person for whom a petition for nomination has been filed | 4 | | of the obligation to file statements of organization, | 5 | | reports of campaign contributions, and quarterly annual | 6 | | reports of campaign contributions and expenditures under | 7 | | Article 9 of this Code. Such notice shall be given in the | 8 | | manner prescribed by paragraph (7) of Section 9-16 of this | 9 | | Code. | 10 | | (8) Nomination papers filed under this Section are not | 11 | | valid if the candidate named therein fails to file a | 12 | | statement of economic interests as required by the | 13 | | Illinois Governmental Ethics Act in relation to his | 14 | | candidacy with the appropriate officer by the end of the | 15 | | period for the filing of nomination papers unless he has | 16 | | filed a statement of economic interests in relation to the | 17 | | same governmental unit with that officer within a year | 18 | | preceding the date on which such nomination papers were | 19 | | filed. If the nomination papers of any candidate and the | 20 | | statement of economic interests of that candidate are not | 21 | | required to be filed with the same officer, the candidate | 22 | | must file with the officer with whom the nomination papers | 23 | | are filed a receipt from the officer with whom the | 24 | | statement of economic interests is filed showing the date | 25 | | on which such statement was filed. Such receipt shall be | 26 | | so filed not later than the last day on which nomination |
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| 1 | | papers may be filed. | 2 | | (9) Except as otherwise provided in this Code, any | 3 | | person for whom a petition for nomination, or for | 4 | | committeeperson or for delegate or alternate delegate to a | 5 | | national nominating convention has been filed may cause | 6 | | his name to be withdrawn by request in writing, signed by | 7 | | him and duly acknowledged before an officer qualified to | 8 | | take acknowledgments of deeds, and filed in the principal | 9 | | or permanent branch office of the State Board of Elections | 10 | | or with the appropriate election authority or local | 11 | | election official, not later than the date of | 12 | | certification of candidates for the consolidated primary | 13 | | or general primary ballot. No names so withdrawn shall be | 14 | | certified or printed on the primary ballot. If petitions | 15 | | for nomination have been filed for the same person with | 16 | | respect to more than one political party, his name shall | 17 | | not be certified nor printed on the primary ballot of any | 18 | | party. If petitions for nomination have been filed for the | 19 | | same person for 2 or more offices which are incompatible | 20 | | so that the same person could not serve in more than one of | 21 | | such offices if elected, that person must withdraw as a | 22 | | candidate for all but one of such offices within the 5 | 23 | | business days following the last day for petition filing. | 24 | | A candidate in a judicial election may file petitions for | 25 | | nomination for only one vacancy in a subcircuit and only | 26 | | one vacancy in a circuit in any one filing period, and if |
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| 1 | | petitions for nomination have been filed for the same | 2 | | person for 2 or more vacancies in the same circuit or | 3 | | subcircuit in the same filing period, his or her name | 4 | | shall be certified only for the first vacancy for which | 5 | | the petitions for nomination were filed. If he fails to | 6 | | withdraw as a candidate for all but one of such offices | 7 | | within such time his name shall not be certified, nor | 8 | | printed on the primary ballot, for any office. For the | 9 | | purpose of the foregoing provisions, an office in a | 10 | | political party is not incompatible with any other office. | 11 | | (10)(a) Notwithstanding the provisions of any other | 12 | | statute, no primary shall be held for an established | 13 | | political party in any township, municipality, or ward | 14 | | thereof, where the nomination of such party for every | 15 | | office to be voted upon by the electors of such township, | 16 | | municipality, or ward thereof, is uncontested. Whenever a | 17 | | political party's nomination of candidates is uncontested | 18 | | as to one or more, but not all, of the offices to be voted | 19 | | upon by the electors of a township, municipality, or ward | 20 | | thereof, then a primary shall be held for that party in | 21 | | such township, municipality, or ward thereof; provided | 22 | | that the primary ballot shall not include those offices | 23 | | within such township, municipality, or ward thereof, for | 24 | | which the nomination is uncontested. For purposes of this | 25 | | Article, the nomination of an established political party | 26 | | of a candidate for election to an office shall be deemed to |
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| 1 | | be uncontested where not more than the number of persons | 2 | | to be nominated have timely filed valid nomination papers | 3 | | seeking the nomination of such party for election to such | 4 | | office. | 5 | | (b) Notwithstanding the provisions of any other | 6 | | statute, no primary election shall be held for an | 7 | | established political party for any special primary | 8 | | election called for the purpose of filling a vacancy in | 9 | | the office of representative in the United States Congress | 10 | | where the nomination of such political party for said | 11 | | office is uncontested. For the purposes of this Article, | 12 | | the nomination of an established political party of a | 13 | | candidate for election to said office shall be deemed to | 14 | | be uncontested where not more than the number of persons | 15 | | to be nominated have timely filed valid nomination papers | 16 | | seeking the nomination of such established party for | 17 | | election to said office. This subsection (b) shall not | 18 | | apply if such primary election is conducted on a regularly | 19 | | scheduled election day. | 20 | | (c) Notwithstanding the provisions in subparagraph (a) | 21 | | and (b) of this paragraph (10), whenever a person who has | 22 | | not timely filed valid nomination papers and who intends | 23 | | to become a write-in candidate for a political party's | 24 | | nomination for any office for which the nomination is | 25 | | uncontested files a written statement or notice of that | 26 | | intent with the State Board of Elections or the local |
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| 1 | | election official where the candidate is seeking to appear | 2 | | on the ballot with whom nomination papers for such office | 3 | | are filed , a primary ballot shall be prepared and a | 4 | | primary shall be held for that office. Such statement or | 5 | | notice shall be filed on or before the date established in | 6 | | this Article for certifying candidates for the primary | 7 | | ballot. Such statement or notice shall contain (i) the | 8 | | name and address of the person intending to become a | 9 | | write-in candidate, (ii) a statement that the person is a | 10 | | qualified primary elector of the political party from whom | 11 | | the nomination is sought, (iii) a statement that the | 12 | | person intends to become a write-in candidate for the | 13 | | party's nomination, and (iv) the office the person is | 14 | | seeking as a write-in candidate. An election authority | 15 | | shall have no duty to conduct a primary and prepare a | 16 | | primary ballot for any office for which the nomination is | 17 | | uncontested unless a statement or notice meeting the | 18 | | requirements of this Section is filed in a timely manner. | 19 | | (11) If multiple sets of nomination papers are filed | 20 | | for a candidate to the same office, the State Board of | 21 | | Elections, appropriate election authority or local | 22 | | election official where the petitions are filed shall | 23 | | within 2 business days notify the candidate of his or her | 24 | | multiple petition filings and that the candidate has 3 | 25 | | business days after receipt of the notice to notify the | 26 | | State Board of Elections, appropriate election authority |
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| 1 | | or local election official that he or she may cancel prior | 2 | | sets of petitions. If the candidate notifies the State | 3 | | Board of Elections, appropriate election authority or | 4 | | local election official, the last set of petitions filed | 5 | | shall be the only petitions to be considered valid by the | 6 | | State Board of Elections, election authority or local | 7 | | election official. If the candidate fails to notify the | 8 | | State Board of Elections, election authority or local | 9 | | election official then only the first set of petitions | 10 | | filed shall be valid and all subsequent petitions shall be | 11 | | void. | 12 | | (12) All nominating petitions shall be available for | 13 | | public inspection and shall be preserved for a period of | 14 | | not less than 6 months. | 15 | | (Source: P.A. 102-15, eff. 6-17-21; 102-687, eff. 12-17-21; | 16 | | 103-586, eff. 5-3-24.) | 17 | | (10 ILCS 5/8-9) (from Ch. 46, par. 8-9) | 18 | | Sec. 8-9. All petitions for nomination shall be filed by | 19 | | mail or in person as follows: | 20 | | (1) Where the nomination is made for a legislative | 21 | | office, such petition for nomination shall be filed in the | 22 | | principal office of the State Board of Elections not more | 23 | | than 141 113 and not less than 134 106 days prior to the | 24 | | date of the primary. | 25 | | (2) The State Board of Elections shall, upon receipt |
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| 1 | | of each petition, endorse thereon the day and hour on | 2 | | which it was filed. Petitions filed by mail and received | 3 | | after midnight on the first day for filing and in the first | 4 | | mail delivery or pickup of that day, shall be deemed as | 5 | | filed as of 8:00 a.m. of that day or as of the normal | 6 | | opening hour of such day as the case may be, and all | 7 | | petitions received thereafter shall be deemed as filed in | 8 | | the order of actual receipt. However, 2 or more petitions | 9 | | filed within the last hour of the filing deadline shall be | 10 | | deemed to have been filed simultaneously. Where 2 or more | 11 | | petitions are received simultaneously, the State Board of | 12 | | Elections shall break ties and determine the order of | 13 | | filing, by means of a lottery as provided in Section 7-12 | 14 | | of this Code. | 15 | | (3) Any person for whom a petition for nomination has | 16 | | been filed, may cause his name to be withdrawn by a request | 17 | | in writing, signed by him, duly acknowledged before an | 18 | | officer qualified to take acknowledgments of deeds, and | 19 | | filed in the principal or permanent branch office of the | 20 | | State Board of Elections not later than the date of | 21 | | certification of candidates for the general primary | 22 | | ballot, and no names so withdrawn shall be certified by | 23 | | the State Board of Elections to the county clerk, or | 24 | | printed on the primary ballot. If petitions for nomination | 25 | | have been filed for the same person with respect to more | 26 | | than one political party, his name shall not be certified |
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| 1 | | nor printed on the primary ballot of any party. If | 2 | | petitions for nomination have been filed for the same | 3 | | person for 2 or more offices which are incompatible so | 4 | | that the same person could not serve in more than one of | 5 | | such offices if elected, that person must withdraw as a | 6 | | candidate for all but one of such offices within the 5 | 7 | | business days following the last day for petition filing. | 8 | | If he fails to withdraw as a candidate for all but one of | 9 | | such offices within such time, his name shall not be | 10 | | certified, nor printed on the primary ballot, for any | 11 | | office. For the purpose of the foregoing provisions, an | 12 | | office in a political party is not incompatible with any | 13 | | other office. | 14 | | (4) If multiple sets of nomination papers are filed | 15 | | for a candidate to the same office, the State Board of | 16 | | Elections shall within 2 business days notify the | 17 | | candidate of his or her multiple petition filings and that | 18 | | the candidate has 3 business days after receipt of the | 19 | | notice to notify the State Board of Elections that he or | 20 | | she may cancel prior sets of petitions. If the candidate | 21 | | notifies the State Board of Elections the last set of | 22 | | petitions filed shall be the only petitions to be | 23 | | considered valid by the State Board of Elections. If the | 24 | | candidate fails to notify the State Board then only the | 25 | | first set of petitions filed shall be valid and all | 26 | | subsequent petitions shall be void. |
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| 1 | | (Source: P.A. 98-115, eff. 7-29-13.) | 2 | | (10 ILCS 5/9-8.5) | 3 | | Sec. 9-8.5. Limitations on campaign contributions. | 4 | | (a) It is unlawful for a political committee to accept | 5 | | contributions except as provided in this Section. | 6 | | (b) During an election cycle, a candidate political | 7 | | committee may not accept contributions with an aggregate value | 8 | | over the following: (i) $5,000 from any individual, (ii) | 9 | | $10,000 from any corporation, labor organization, or | 10 | | association, or (iii) $50,000 from a candidate political | 11 | | committee or political action committee. A candidate political | 12 | | committee may accept contributions in any amount from a | 13 | | political party committee except during an election cycle in | 14 | | which the candidate seeks nomination at a primary election. | 15 | | During an election cycle in which the candidate seeks | 16 | | nomination at a primary election, a candidate political | 17 | | committee may not accept contributions from political party | 18 | | committees with an aggregate value over the following: (i) | 19 | | $200,000 for a candidate political committee established to | 20 | | support a candidate seeking nomination to statewide office, | 21 | | (ii) $125,000 for a candidate political committee established | 22 | | to support a candidate seeking nomination to the Senate, the | 23 | | Supreme Court or Appellate Court in the First Judicial | 24 | | District, or an office elected by all voters in a county with | 25 | | 1,000,000 or more residents, (iii) $75,000 for a candidate |
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| 1 | | political committee established to support a candidate seeking | 2 | | nomination to the House of Representatives, the Supreme Court | 3 | | or Appellate Court for a Judicial District other than the | 4 | | First Judicial District, an office elected by all voters of a | 5 | | county of fewer than 1,000,000 residents, and municipal and | 6 | | county offices in Cook County other than those elected by all | 7 | | voters of Cook County, and (iv) $50,000 for a candidate | 8 | | political committee established to support the nomination of a | 9 | | candidate to any other office . A candidate political committee | 10 | | established to elect a candidate to the General Assembly may | 11 | | accept contributions from only one legislative caucus | 12 | | committee. A candidate political committee may not accept | 13 | | contributions from a ballot initiative committee or from an | 14 | | independent expenditure committee. | 15 | | (b-5) Judicial elections. | 16 | | (1) In addition to any other provision of this | 17 | | Section, a candidate political committee established to | 18 | | support or oppose a candidate seeking nomination to the | 19 | | Supreme Court, Appellate Court, or Circuit Court may not: | 20 | | (A) accept contributions from any entity that does | 21 | | not disclose the identity of those who make | 22 | | contributions to the entity, except for contributions | 23 | | that are not required to be itemized by this Code; or | 24 | | (B) accept contributions from any out-of-state | 25 | | person, as defined in this Article. | 26 | | (1.1) In addition to any other provision of this |
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| 1 | | Section, a political committee that is self-funding, as | 2 | | described in subsection (h) of this Section, and is | 3 | | established to support or oppose a candidate seeking | 4 | | nomination, election, or retention to the Supreme Court, | 5 | | the Appellate Court, or the Circuit Court may not accept | 6 | | contributions from any single person, other than the | 7 | | judicial candidate or the candidate's immediate family, in | 8 | | a cumulative amount that exceeds $500,000 in any election | 9 | | cycle. Any contribution in excess of the limits in this | 10 | | paragraph (1.1) shall escheat to the State of Illinois. | 11 | | Any political committee that receives such a contribution | 12 | | shall immediately forward the amount that exceeds $500,000 | 13 | | to the State Treasurer who shall deposit the funds into | 14 | | the State Treasury. | 15 | | (1.2) In addition to any other provision of this | 16 | | Section, an independent expenditure committee established | 17 | | to support or oppose a candidate seeking nomination, | 18 | | election, or retention to the Supreme Court, the Appellate | 19 | | Court, or the Circuit Court may not accept contributions | 20 | | from any single person in a cumulative amount that exceeds | 21 | | $500,000 in any election cycle. Any contribution in excess | 22 | | of the limits in this paragraph (1.2) shall escheat to the | 23 | | State of Illinois. Any independent expenditure committee | 24 | | that receives such a contribution shall immediately | 25 | | forward the amount that exceeds $500,000 to the State | 26 | | Treasurer who shall deposit the funds into the State |
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| 1 | | Treasury. | 2 | | (1.3) In addition to any other provision of this | 3 | | Section, if a political committee established to support | 4 | | or oppose a candidate seeking nomination, election, or | 5 | | retention to the Supreme Court, the Appellate Court, or | 6 | | the Circuit Court receives a contribution in excess of | 7 | | $500 from: (i) any committee that is not required to | 8 | | disclose its contributors under this Act; (ii) any | 9 | | association that is not required to disclose its | 10 | | contributors under this Act; or (iii) any other | 11 | | organization or group of persons that is not required to | 12 | | disclose its contributors under this Act, then that | 13 | | contribution shall be considered an anonymous contribution | 14 | | that shall escheat to the State, unless the political | 15 | | committee reports to the State Board of Elections all | 16 | | persons who have contributed in excess of $500 during the | 17 | | same election cycle to the committee, association, | 18 | | organization, or group making the contribution. Any | 19 | | political committee that receives such a contribution and | 20 | | fails to report this information shall forward the | 21 | | contribution amount immediately to the State Treasurer who | 22 | | shall deposit the funds into the State Treasury. | 23 | | (2) As used in this subsection, "contribution" has the | 24 | | meaning provided in Section 9-1.4 and also includes the | 25 | | following that are subject to the limits of this Section: | 26 | | (A) expenditures made by any person in concert or |
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| 1 | | cooperation with, or at the request or suggestion of, | 2 | | a candidate, his or her designated committee, or their | 3 | | agents; and | 4 | | (B) the financing by any person of the | 5 | | dissemination, distribution, or republication, in | 6 | | whole or in part, of any broadcast or any written, | 7 | | graphic, or other form of campaign materials prepared | 8 | | by the candidate, his or her campaign committee, or | 9 | | their designated agents. | 10 | | (3) As to contributions to a candidate political | 11 | | committee established to support a candidate seeking | 12 | | nomination to the Supreme Court, Appellate Court, or | 13 | | Circuit Court: | 14 | | (A) No person shall make a contribution in the | 15 | | name of another person or knowingly permit his or her | 16 | | name to be used to effect such a contribution. | 17 | | (B) No person shall knowingly accept a | 18 | | contribution made by one person in the name of another | 19 | | person. | 20 | | (C) No person shall knowingly accept reimbursement | 21 | | from another person for a contribution made in his or | 22 | | her own name. | 23 | | (D) No person shall make an anonymous | 24 | | contribution. | 25 | | (E) No person shall knowingly accept any anonymous | 26 | | contribution. |
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| 1 | | (F) No person shall predicate (1) any benefit, | 2 | | including, but not limited to, employment decisions, | 3 | | including hiring, promotions, bonus compensation, and | 4 | | transfers, or (2) any other gift, transfer, or | 5 | | emolument upon: | 6 | | (i) the decision by the recipient of that | 7 | | benefit to donate or not to donate to a candidate; | 8 | | or | 9 | | (ii) the amount of any such donation. | 10 | | (4) No judicial candidate or political committee | 11 | | established to support a candidate seeking nomination to | 12 | | the Supreme Court, Appellate Court, or Circuit Court shall | 13 | | knowingly accept any contribution or make any expenditure | 14 | | in violation of the provisions of this Section. No officer | 15 | | or employee of a political committee established to | 16 | | support a candidate seeking nomination to the Supreme | 17 | | Court, Appellate Court, or Circuit Court shall knowingly | 18 | | accept a contribution made for the benefit or use of a | 19 | | candidate or knowingly make any expenditure in support of | 20 | | or opposition to a candidate or for electioneering | 21 | | communications in relation to a candidate in violation of | 22 | | any limitation designated for contributions and | 23 | | expenditures under this Section. | 24 | | (5) Where the provisions of this subsection (b-5) | 25 | | conflict with any other provision of this Code, this | 26 | | subsection (b-5) shall control. |
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| 1 | | (c) During an election cycle, a political party committee | 2 | | may not accept contributions with an aggregate value over the | 3 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 4 | | any corporation, labor organization, or association, or (iii) | 5 | | $50,000 from a political action committee. A political party | 6 | | committee may accept contributions in any amount from another | 7 | | political party committee or a candidate political committee, | 8 | | except as provided in subsection (c-5). Nothing in this | 9 | | Section shall limit the amounts that may be transferred | 10 | | between a political party committee established under | 11 | | subsection (a) of Section 7-8 of this Code and an affiliated | 12 | | federal political committee established under the Federal | 13 | | Election Code by the same political party. A political party | 14 | | committee may not accept contributions from a ballot | 15 | | initiative committee or from an independent expenditure | 16 | | committee. A political party committee established by a | 17 | | legislative caucus may not accept contributions from another | 18 | | political party committee established by a legislative caucus. | 19 | | (c-5) (Blank). During the period beginning on the date | 20 | | candidates may begin circulating petitions for a primary | 21 | | election and ending on the day of the primary election, a | 22 | | political party committee may not accept contributions with an | 23 | | aggregate value over $50,000 from a candidate political | 24 | | committee or political party committee. A political party | 25 | | committee may accept contributions in any amount from a | 26 | | candidate political committee or political party committee if |
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| 1 | | the political party committee receiving the contribution filed | 2 | | a statement of nonparticipation in the primary as provided in | 3 | | subsection (c-10). The Task Force on Campaign Finance Reform | 4 | | shall study and make recommendations on the provisions of this | 5 | | subsection to the Governor and General Assembly by September | 6 | | 30, 2012. This subsection becomes inoperative on July 1, 2013 | 7 | | and thereafter no longer applies. | 8 | | (c-10) (Blank). A political party committee that does not | 9 | | intend to make contributions to candidates to be nominated at | 10 | | a general primary election or consolidated primary election | 11 | | may file a Statement of Nonparticipation in a Primary Election | 12 | | with the Board. The Statement of Nonparticipation shall | 13 | | include a verification signed by the chairperson and treasurer | 14 | | of the committee that (i) the committee will not make | 15 | | contributions or coordinated expenditures in support of or | 16 | | opposition to a candidate or candidates to be nominated at the | 17 | | general primary election or consolidated primary election | 18 | | (select one) to be held on (insert date), (ii) the political | 19 | | party committee may accept unlimited contributions from | 20 | | candidate political committees and political party committees, | 21 | | provided that the political party committee does not make | 22 | | contributions to a candidate or candidates to be nominated at | 23 | | the primary election, and (iii) failure to abide by these | 24 | | requirements shall deem the political party committee in | 25 | | violation of this Article and subject the committee to a fine | 26 | | of no more than 150% of the total contributions or coordinated |
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| 1 | | expenditures made by the committee in violation of this | 2 | | Article. This subsection becomes inoperative on July 1, 2013 | 3 | | and thereafter no longer applies. | 4 | | (d) During an election cycle, a political action committee | 5 | | may not accept contributions with an aggregate value over the | 6 | | following: (i) $10,000 from any individual, (ii) $20,000 from | 7 | | any corporation, labor organization, political party | 8 | | committee, or association, or (iii) $50,000 from a political | 9 | | action committee or candidate political committee. A political | 10 | | action committee may not accept contributions from a ballot | 11 | | initiative committee or from an independent expenditure | 12 | | committee. | 13 | | (e) A ballot initiative committee may accept contributions | 14 | | in any amount from any source, provided that the committee | 15 | | files the document required by Section 9-3 of this Article and | 16 | | files the disclosure reports required by the provisions of | 17 | | this Article. | 18 | | (e-5) An independent expenditure committee may accept | 19 | | contributions in any amount from any source, provided that the | 20 | | committee files the document required by Section 9-3 of this | 21 | | Article and files the disclosure reports required by the | 22 | | provisions of this Article. | 23 | | (e-10) A limited activity committee shall not accept | 24 | | contributions, except that the officer or a candidate the | 25 | | committee has designated to support may contribute personal | 26 | | funds in order to pay for maintenance expenses. A limited |
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| 1 | | activity committee may only make expenditures that are: (i) | 2 | | necessary for maintenance of the committee; (ii) for rent or | 3 | | lease payments until the end of the lease in effect at the time | 4 | | the officer or candidate is confirmed by the Senate; (iii) | 5 | | contributions to 501(c)(3) charities; or (iv) returning | 6 | | contributions to original contributors. | 7 | | (f) Nothing in this Section shall prohibit a political | 8 | | committee from dividing the proceeds of joint fundraising | 9 | | efforts; provided that no political committee may receive more | 10 | | than the limit from any one contributor, and provided that an | 11 | | independent expenditure committee may not conduct joint | 12 | | fundraising efforts with a candidate political committee or a | 13 | | political party committee. | 14 | | (g) On January 1 of each odd-numbered year, the State | 15 | | Board of Elections shall adjust the amounts of the | 16 | | contribution limitations established in this Section for | 17 | | inflation as determined by the Consumer Price Index for All | 18 | | Urban Consumers as issued by the United States Department of | 19 | | Labor and rounded to the nearest $100. The State Board shall | 20 | | publish this information on its official website. | 21 | | (h) Self-funding candidates. If a public official, a | 22 | | candidate, or the public official's or candidate's immediate | 23 | | family contributes or loans to the public official's or | 24 | | candidate's political committee or to other political | 25 | | committees that transfer funds to the public official's or | 26 | | candidate's political committee or makes independent |
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| 1 | | expenditures for the benefit of the public official's or | 2 | | candidate's campaign during the 12 months prior to an election | 3 | | in an aggregate amount of more than (i) $250,000 for statewide | 4 | | office or (ii) $100,000 for all other elective offices, then | 5 | | the public official or candidate shall file with the State | 6 | | Board of Elections, within one day, a Notification of | 7 | | Self-funding that shall detail each contribution or loan made | 8 | | by the public official, the candidate, or the public | 9 | | official's or candidate's immediate family. Within 2 business | 10 | | days after the filing of a Notification of Self-funding, the | 11 | | notification shall be posted on the Board's website and the | 12 | | Board shall give official notice of the filing to each | 13 | | candidate for the same office as the public official or | 14 | | candidate making the filing, including the public official or | 15 | | candidate filing the Notification of Self-funding. Notice | 16 | | shall be sent via first class mail to the candidate and the | 17 | | treasurer of the candidate's committee. Notice shall also be | 18 | | sent by e-mail to the candidate and the treasurer of the | 19 | | candidate's committee if the candidate and the treasurer, as | 20 | | applicable, have provided the Board with an e-mail address. | 21 | | Upon posting of the notice on the Board's website, all | 22 | | candidates for that office, including the public official or | 23 | | candidate who filed a Notification of Self-funding, shall be | 24 | | permitted to accept contributions in excess of any | 25 | | contribution limits imposed by subsection (b). If a public | 26 | | official or candidate filed a Notification of Self-funding |
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| 1 | | during an election cycle that includes a general primary | 2 | | election or consolidated primary election and that public | 3 | | official or candidate is nominated, all candidates for that | 4 | | office, including the nominee who filed the notification of | 5 | | self-funding, shall be permitted to accept contributions in | 6 | | excess of any contribution limit imposed by subsection (b) for | 7 | | the subsequent election cycle. For the purposes of this | 8 | | subsection, "immediate family" means the spouse, parent, or | 9 | | child of a public official or candidate. | 10 | | (h-5) If a natural person or independent expenditure | 11 | | committee makes independent expenditures in support of or in | 12 | | opposition to the campaign of a particular public official or | 13 | | candidate in an aggregate amount of more than (i) $250,000 for | 14 | | statewide office or (ii) $100,000 for all other elective | 15 | | offices in an election cycle, as reported in a written | 16 | | disclosure filed under subsection (a) of Section 9-8.6 or | 17 | | subsection (e-5) of Section 9-10, then the State Board of | 18 | | Elections shall, within 2 business days after the filing of | 19 | | the disclosure, post the disclosure on the Board's website and | 20 | | give official notice of the disclosure to each candidate for | 21 | | the same office as the public official or candidate for whose | 22 | | benefit or detriment the natural person or independent | 23 | | expenditure committee made independent expenditures. Upon | 24 | | posting of the notice on the Board's website, all candidates | 25 | | for that office in that election, including the public | 26 | | official or candidate for whose benefit or detriment the |
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| 1 | | natural person or independent expenditure committee made | 2 | | independent expenditures, shall be permitted to accept | 3 | | contributions in excess of any contribution limits imposed by | 4 | | subsection (b). | 5 | | (h-10) If the State Board of Elections receives | 6 | | notification or determines that a natural person or persons, | 7 | | an independent expenditure committee or committees, or | 8 | | combination thereof has made independent expenditures in | 9 | | support of or in opposition to the campaign of a particular | 10 | | public official or candidate in an aggregate amount of more | 11 | | than (i) $250,000 for statewide office or (ii) $100,000 for | 12 | | all other elective offices in an election cycle, then the | 13 | | Board shall, within 2 business days after discovering the | 14 | | independent expenditures that, in the aggregate, exceed the | 15 | | threshold set forth in (i) and (ii) of this subsection, post | 16 | | notice of this fact on the Board's website and give official | 17 | | notice to each candidate for the same office as the public | 18 | | official or candidate for whose benefit or detriment the | 19 | | independent expenditures were made. Notice shall be sent via | 20 | | first class mail to the candidate and the treasurer of the | 21 | | candidate's committee. Notice shall also be sent by e-mail to | 22 | | the candidate and the treasurer of the candidate's committee | 23 | | if the candidate and the treasurer, as applicable, have | 24 | | provided the Board with an e-mail address. Upon posting of the | 25 | | notice on the Board's website, all candidates of that office | 26 | | in that election, including the public official or candidate |
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| 1 | | for whose benefit or detriment the independent expenditures | 2 | | were made, may accept contributions in excess of any | 3 | | contribution limits imposed by subsection (b). | 4 | | (i) For the purposes of this Section, a corporation, labor | 5 | | organization, association, or a political action committee | 6 | | established by a corporation, labor organization, or | 7 | | association may act as a conduit in facilitating the delivery | 8 | | to a political action committee of contributions made through | 9 | | dues, levies, or similar assessments and the political action | 10 | | committee may report the contributions in the aggregate, | 11 | | provided that: (i) contributions made through dues, levies, or | 12 | | similar assessments paid by any natural person, corporation, | 13 | | labor organization, or association in a calendar year may not | 14 | | exceed the limits set forth in this Section; (ii) the | 15 | | corporation, labor organization, association, or a political | 16 | | action committee established by a corporation, labor | 17 | | organization, or association facilitating the delivery of | 18 | | contributions maintains a list of natural persons, | 19 | | corporations, labor organizations, and associations that paid | 20 | | the dues, levies, or similar assessments from which the | 21 | | contributions comprising the aggregate amount derive; and | 22 | | (iii) contributions made through dues, levies, or similar | 23 | | assessments paid by any natural person, corporation, labor | 24 | | organization, or association that exceed $1,000 in a quarterly | 25 | | reporting period shall be itemized on the committee's | 26 | | quarterly report and may not be reported in the aggregate. A |
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| 1 | | political action committee facilitating the delivery of | 2 | | contributions or receiving contributions shall disclose the | 3 | | amount of contributions made through dues delivered or | 4 | | received and the name of the corporation, labor organization, | 5 | | association, or political action committee delivering the | 6 | | contributions, if applicable. On January 1 of each | 7 | | odd-numbered year, the State Board of Elections shall adjust | 8 | | the amounts of the contribution limitations established in | 9 | | this subsection for inflation as determined by the Consumer | 10 | | Price Index for All Urban Consumers as issued by the United | 11 | | States Department of Labor and rounded to the nearest $100. | 12 | | The State Board shall publish this information on its official | 13 | | website. | 14 | | (j) A political committee that receives a contribution or | 15 | | transfer in violation of this Section shall dispose of the | 16 | | contribution or transfer by returning the contribution or | 17 | | transfer, or an amount equal to the contribution or transfer, | 18 | | to the contributor or transferor or donating the contribution | 19 | | or transfer, or an amount equal to the contribution or | 20 | | transfer, to a charity. A contribution or transfer received in | 21 | | violation of this Section that is not disposed of as provided | 22 | | in this subsection within 30 days after the Board sends | 23 | | notification to the political committee of the excess | 24 | | contribution by certified mail shall escheat to the General | 25 | | Revenue Fund and the political committee shall be deemed in | 26 | | violation of this Section and subject to a civil penalty not to |
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| 1 | | exceed 150% of the total amount of the contribution. | 2 | | (k) For the purposes of this Section, "statewide office" | 3 | | means the Governor, Lieutenant Governor, Attorney General, | 4 | | Secretary of State, Comptroller, and Treasurer. | 5 | | (l) This Section is repealed if and when the United States | 6 | | Supreme Court invalidates contribution limits on committees | 7 | | formed to assist candidates, political parties, corporations, | 8 | | associations, or labor organizations established by or | 9 | | pursuant to federal law. | 10 | | (Source: P.A. 102-664, eff. 1-1-22; 102-668, eff. 11-15-21; | 11 | | 102-909, eff. 5-27-22.) | 12 | | (10 ILCS 5/9-11) (from Ch. 46, par. 9-11) | 13 | | Sec. 9-11. Financial reports. | 14 | | (a) Each quarterly report of campaign contributions, | 15 | | expenditures, and independent expenditures under Section 9-10 | 16 | | shall disclose the following: | 17 | | (1) the name and address of the political committee; | 18 | | (2) the name and address of the person submitting the | 19 | | report on behalf of the committee, if other than the chair | 20 | | or treasurer; | 21 | | (3) the amount of funds on hand at the beginning of the | 22 | | reporting period; | 23 | | (4) the full name and mailing address of each person | 24 | | who has made one or more contributions to or for the | 25 | | committee within the reporting period in an aggregate |
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| 1 | | amount or value in excess of $150, together with the | 2 | | amounts and dates of those contributions, and, if the | 3 | | contributor is an individual who contributed more than | 4 | | $500, the occupation and employer of the contributor or, | 5 | | if the occupation and employer of the contributor are | 6 | | unknown, a statement that the committee has made a good | 7 | | faith effort to ascertain this information; | 8 | | (5) the total sum of individual contributions made to | 9 | | or for the committee during the reporting period and not | 10 | | reported under item (4); | 11 | | (6) the name and address of each political committee | 12 | | from which the reporting committee received, or to which | 13 | | that committee made, any transfer of funds in the | 14 | | aggregate amount or value in excess of $150, together with | 15 | | the amounts and dates of all transfers; | 16 | | (7) the total sum of transfers made to or from the | 17 | | committee during the reporting period and not reported | 18 | | under item (6); | 19 | | (8) each loan to or from any person, political | 20 | | committee, or financial institution within the reporting | 21 | | period by or to the committee in an aggregate amount or | 22 | | value in excess of $150, together with the full names and | 23 | | mailing addresses of the lender and endorsers, if any; the | 24 | | dates and amounts of the loans; and, if a lender or | 25 | | endorser is an individual who loaned or endorsed a loan of | 26 | | more than $500, the occupation and employer of that |
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| 1 | | individual or, if the occupation and employer of the | 2 | | individual are unknown, a statement that the committee has | 3 | | made a good faith effort to ascertain this information; | 4 | | (9) the total amount of proceeds received by the | 5 | | committee from (i) the sale of tickets for each dinner, | 6 | | luncheon, cocktail party, rally, and other fund-raising | 7 | | events; (ii) mass collections made at those events; and | 8 | | (iii) sales of items such as political campaign pins, | 9 | | buttons, badges, flags, emblems, hats, banners, | 10 | | literature, and similar materials; | 11 | | (10) each contribution, rebate, refund, income from | 12 | | investments, or other receipt in excess of $150 received | 13 | | by the committee not otherwise listed under items (4) | 14 | | through (9) and, if the contributor is an individual who | 15 | | contributed more than $500, the occupation and employer of | 16 | | the contributor or, if the occupation and employer of the | 17 | | contributor are unknown, a statement that the committee | 18 | | has made a good faith effort to ascertain this | 19 | | information; | 20 | | (11) the total sum of all receipts by or for the | 21 | | committee or candidate during the reporting period; | 22 | | (12) the full name and mailing address of each person | 23 | | to whom expenditures have been made by the committee or | 24 | | candidate within the reporting period in an aggregate | 25 | | amount or value in excess of $150; the amount, date, and | 26 | | purpose of each of those expenditures; and the question of |
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| 1 | | public policy or the name and address of, and the office | 2 | | sought by, each candidate on whose behalf that expenditure | 3 | | was made; | 4 | | (13) the full name and mailing address of each person | 5 | | to whom an expenditure for personal services, salaries, | 6 | | and reimbursed expenses in excess of $150 has been made | 7 | | and that is not otherwise reported, including the amount, | 8 | | date, and purpose of the expenditure; | 9 | | (14) the value of each asset held as an investment, as | 10 | | of the final day of the reporting period; | 11 | | (15) the total sum of expenditures made by the | 12 | | committee during the reporting period; and | 13 | | (16) the full name and mailing address of each person | 14 | | to whom the committee owes debts or obligations in excess | 15 | | of $150 and the amount of those debts or obligations. | 16 | | For purposes of reporting campaign receipts and expenses, | 17 | | income from investments shall be included as receipts during | 18 | | the reporting period they are actually received. The gross | 19 | | purchase price of each investment shall be reported as an | 20 | | expenditure at time of purchase. Net proceeds from the sale of | 21 | | an investment shall be reported as a receipt. During the | 22 | | period investments are held they shall be identified by name | 23 | | and quantity of security or instrument on each quarterly | 24 | | semi-annual report during the period. | 25 | | (b) Each report of a campaign contribution of $1,000 or | 26 | | more required under subsection (c) of Section 9-10 shall |
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| 1 | | disclose the following: | 2 | | (1) the name and address of the political committee; | 3 | | (2) the name and address of the person submitting the | 4 | | report on behalf of the committee, if other than the chair | 5 | | or treasurer; and | 6 | | (3) the full name and mailing address of each person | 7 | | who has made a contribution of $1,000 or more. | 8 | | (c) Each quarterly report shall include the following | 9 | | information regarding any independent expenditures made during | 10 | | the reporting period: (1) the full name and mailing address of | 11 | | each person to whom an expenditure in excess of $150 has been | 12 | | made in connection with an independent expenditure; (2) the | 13 | | amount, date, and purpose of such expenditure; (3) a statement | 14 | | whether the independent expenditure was in support of or in | 15 | | opposition to a particular candidate; (4) the name of the | 16 | | candidate; (5) the office and, when applicable, district, | 17 | | sought by the candidate; and (6) a certification, under | 18 | | penalty of perjury, that such expenditure was not made in | 19 | | cooperation, consultation, or concert with, or at the request | 20 | | or suggestion of, any candidate or any authorized committee or | 21 | | agent of such committee. The report shall also include (I) the | 22 | | total of all independent expenditures of $150 or less made | 23 | | during the reporting period and (II) the total amount of all | 24 | | independent expenditures made during the reporting period. | 25 | | (d) The Board shall by rule define a "good faith effort". | 26 | | The reports of campaign contributions filed under this |
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| 1 | | Article shall be cumulative during the reporting period to | 2 | | which they relate. | 3 | | (e) Each report shall be verified, dated, and signed by | 4 | | either the treasurer of the political committee or the | 5 | | candidate on whose behalf the report is filed and shall | 6 | | contain the following verification: | 7 | | "I declare that this report (including any accompanying | 8 | | schedules and statements) has been examined by me and, to the | 9 | | best of my knowledge and belief, is a true, correct, and | 10 | | complete report as required by Article 9 of the Election Code. | 11 | | I understand that willfully filing a false or incomplete | 12 | | statement is subject to a civil penalty of up to $5,000.". | 13 | | (f) A political committee may amend a report filed under | 14 | | subsection (a) or (b). The Board may reduce or waive a fine if | 15 | | the amendment is due to a technical or inadvertent error and | 16 | | the political committee files the amended report, except that | 17 | | a report filed under subsection (b) must be amended within 5 | 18 | | business days. The State Board shall ensure that a description | 19 | | of the amended information is available to the public. The | 20 | | Board may promulgate rules to enforce this subsection. | 21 | | (Source: P.A. 100-1027, eff. 1-1-19 .) | 22 | | (10 ILCS 5/9-23.5) | 23 | | Sec. 9-23.5. Public database of founded complaints. The | 24 | | State Board of Elections shall establish and maintain on its | 25 | | official website a searchable database, freely accessible to |
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| 1 | | the public, of each complaint filed with the Board under this | 2 | | Article with respect to which Board action was taken, | 3 | | including all Board actions and penalties imposed, if any. The | 4 | | Board must update the database within 5 business days after an | 5 | | action is taken or a penalty is imposed to include that | 6 | | complaint, action, or penalty in the database. The Task Force | 7 | | on Campaign Finance Reform shall make recommendations on | 8 | | improving access to information related to founded complaints. | 9 | | (Source: P.A. 96-832, eff. 1-1-11 .) | 10 | | (10 ILCS 5/9-35) | 11 | | Sec. 9-35. Registration of business entities. | 12 | | (a) This Section governs the procedures for the | 13 | | registration required under Section 20-160 of the Illinois | 14 | | Procurement Code. | 15 | | For the purposes of this Section, the terms | 16 | | "officeholder", "State contract", "business entity", "State | 17 | | agency", "affiliated entity", and "affiliated person" have the | 18 | | meanings ascribed to those terms in Section 50-37 of the | 19 | | Illinois Procurement Code. | 20 | | (b) Registration under Section 20-160 of the Illinois | 21 | | Procurement Code, and any changes to that registration, must | 22 | | be made electronically, and the State Board of Elections by | 23 | | rule shall provide for electronic registration ; except that | 24 | | the State Board may adopt emergency rules providing for a | 25 | | temporary filing system, effective through August 1, 2009, |
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| 1 | | under which business entities must file the required | 2 | | registration forms provided by the Board via e-mail attachment | 3 | | in a PDF file or via another type of mail service and must | 4 | | receive from the State Board registration certificates via | 5 | | e-mail or paper registration certificates. The State Board | 6 | | shall retain the registrations submitted by business entities | 7 | | via e-mail or another type of mail service for at least 6 | 8 | | months following the establishment of the electronic | 9 | | registration system required by this subsection . | 10 | | Each registration must contain substantially the | 11 | | following: | 12 | | (1) The name and address of the business entity. | 13 | | (2) The name and address of any affiliated entity of | 14 | | the business entity, including a description of the | 15 | | affiliation. | 16 | | (3) The name and address of any affiliated person of | 17 | | the business entity, including a description of the | 18 | | affiliation. | 19 | | (c) The Board shall provide a certificate of registration | 20 | | to the business entity. The certificate shall be electronic , | 21 | | except as otherwise provided in this Section, and accessible | 22 | | to the business entity through the State Board of Elections' | 23 | | website and protected by a password. Within 60 days after | 24 | | establishment of the electronic system, each business entity | 25 | | that submitted a registration via e-mail attachment or paper | 26 | | copy pursuant to this Section shall re-submit its registration |
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| 1 | | electronically. At the time of re-submission, the State Board | 2 | | of Elections shall provide an electronic certificate of | 3 | | registration to that business entity. | 4 | | (d) Any business entity required to register under Section | 5 | | 20-160 of the Illinois Procurement Code shall provide a copy | 6 | | of the registration certificate, by first class mail or hand | 7 | | delivery within 10 days after registration, to each affiliated | 8 | | entity or affiliated person whose identity is required to be | 9 | | disclosed. Failure to provide notice to an affiliated entity | 10 | | or affiliated person is a business offense for which the | 11 | | business entity is subject to a fine not to exceed $1,001. | 12 | | (e) In addition to any penalty under Section 20-160 of the | 13 | | Illinois Procurement Code, intentional, willful, or material | 14 | | failure to disclose information required for registration is | 15 | | subject to a civil penalty imposed by the State Board of | 16 | | Elections. The State Board shall impose a civil penalty of | 17 | | $1,000 per business day for failure to update a registration. | 18 | | (f) Any business entity required to register under Section | 19 | | 20-160 of the Illinois Procurement Code shall notify any | 20 | | political committee to which it makes a contribution, at the | 21 | | time of the contribution, that the business entity is | 22 | | registered with the State Board of Elections under Section | 23 | | 20-160 of the Illinois Procurement Code. Any affiliated entity | 24 | | or affiliated person of a business entity required to register | 25 | | under Section 20-160 of the Illinois Procurement Code shall | 26 | | notify any political committee to which it makes a |
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| 1 | | contribution that it is affiliated with a business entity | 2 | | registered with the State Board of Elections under Section | 3 | | 20-160 of the Illinois Procurement Code. | 4 | | (g) The State Board of Elections on its official website | 5 | | shall have a searchable database containing (i) all | 6 | | information required to be submitted to the Board under | 7 | | Section 20-160 of the Illinois Procurement Code and (ii) all | 8 | | reports filed under this Article with the State Board of | 9 | | Elections by all political committees. For the purposes of | 10 | | databases maintained by the State Board of Elections, | 11 | | "searchable" means able to search by "political committee", as | 12 | | defined in this Article, and by "officeholder", "State | 13 | | agency", "business entity", "affiliated entity", and | 14 | | "affiliated person". The Board shall not place the name of a | 15 | | minor child on the website. However, the Board shall provide a | 16 | | link to all contributions made by anyone reporting the same | 17 | | residential address as any affiliated person. In addition, the | 18 | | State Board of Elections on its official website shall provide | 19 | | an electronic connection to any searchable database of State | 20 | | contracts maintained by the Comptroller, searchable by | 21 | | business entity. | 22 | | (h) The State Board of Elections shall have rulemaking | 23 | | authority to implement this Section. | 24 | | (Source: P.A. 95-971, eff. 1-1-09; 95-1038, eff. 3-11-09.) | 25 | | (10 ILCS 5/9-50) |
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| 1 | | Sec. 9-50. Vendor providing automated traffic systems; | 2 | | contributions. | 3 | | (a) No vendor that offers or provides equipment or | 4 | | services for automated traffic law enforcement, automated | 5 | | speed enforcement, or automated railroad grade crossing | 6 | | enforcement systems to municipalities or counties, no | 7 | | political action committee created by such a vendor, and no | 8 | | vendor-affiliated person shall make a campaign contribution to | 9 | | any political committee established to promote the candidacy | 10 | | of a candidate or public official. An officer or agent of such | 11 | | a vendor may not consent to any contribution or expenditure | 12 | | that is prohibited by this Section. A candidate, political | 13 | | committee, or other person may not knowingly accept or receive | 14 | | any contribution prohibited by this Section. A political | 15 | | committee that receives a contribution in violation of this | 16 | | Section shall dispose of the contribution by returning the | 17 | | contribution or an amount equal to the contribution to the | 18 | | contributor or by donating the contribution or an amount equal | 19 | | to the contribution to a charity. A contribution received in | 20 | | violation of this Section that is not disposed of within 30 | 21 | | days after the Board sends notification to the political | 22 | | committee of the excess contribution by certified mail shall | 23 | | escheat to the General Revenue Fund, and the political | 24 | | committee shall be deemed in violation of this Section and | 25 | | shall be subject to a civil penalty not to exceed 150% of the | 26 | | total amount of the contribution. |
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| 1 | | (b) As used in this Section: | 2 | | "Automated law enforcement system", "automated speed | 3 | | enforcement system", and "automated railroad grade crossing | 4 | | enforcement system" have the meanings given to those terms in | 5 | | Article II of Chapter 11 of the Illinois Vehicle Code. | 6 | | "Vendor-affiliated person" means: (i) any person with an | 7 | | ownership interest in excess of 7.5% in a vendor that offers or | 8 | | provides equipment or services for automated traffic law | 9 | | enforcement, automated speed enforcement, or automated | 10 | | railroad grade crossing enforcement systems to municipalities | 11 | | or counties; (ii) any person with a distributive share in | 12 | | excess of 7.5% in a vendor that offers or provides equipment or | 13 | | services for automated traffic law enforcement, automated | 14 | | speed enforcement, or automated railroad grade crossing | 15 | | enforcement systems to municipalities or counties; (iii) any | 16 | | executive employees of a vendor that offers or provides | 17 | | equipment or services for automated traffic law enforcement, | 18 | | automated speed enforcement, or automated railroad grade | 19 | | crossing enforcement systems to municipalities or counties; | 20 | | and (iv) the spouse, minor child, or other immediate family | 21 | | member living in the residence of any of the persons | 22 | | identified in items (i) through (iii). | 23 | | (Source: P.A. 103-364, eff. 7-28-23.) | 24 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6) | 25 | | Sec. 10-6. Time and manner of filing. Except as otherwise |
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| 1 | | provided in this Code, certificates of nomination and | 2 | | nomination papers for the nomination of candidates for offices | 3 | | to be filled by electors of the entire State, or any district | 4 | | not entirely within a county, or for congressional, state | 5 | | legislative or judicial offices, shall be presented to the | 6 | | principal office of the State Board of Elections not more than | 7 | | 169 141 nor less than 162 134 days previous to the day of | 8 | | election for which the candidates are nominated. The State | 9 | | Board of Elections shall endorse the certificates of | 10 | | nomination or nomination papers, as the case may be, and the | 11 | | date and hour of presentment to it. Except as otherwise | 12 | | provided in this Code, all other certificates for the | 13 | | nomination of candidates shall be filed with the county clerk | 14 | | of the respective counties not more than 169 141 but at least | 15 | | 162 134 days previous to the day of such election. | 16 | | Certificates of nomination and nomination papers for the | 17 | | nomination of candidates for school district offices to be | 18 | | filled at consolidated elections shall be filed with the | 19 | | county clerk or county board of election commissioners of the | 20 | | county in which the principal office of the school district is | 21 | | located not more than 141 113 nor less than 134 106 days before | 22 | | the consolidated election. Except as otherwise provided in | 23 | | this Code, certificates of nomination and nomination papers | 24 | | for the nomination of candidates for the other offices of | 25 | | political subdivisions to be filled at regular elections other | 26 | | than the general election shall be filed with the local |
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| 1 | | election official of such subdivision: | 2 | | (1) (Blank); | 3 | | (2) not more than 141 113 nor less than 134 106 days | 4 | | prior to the consolidated election; or | 5 | | (3) not more than 141 113 nor less than 134 106 days | 6 | | prior to the general primary in the case of municipal | 7 | | offices to be filled at the general primary election; or | 8 | | (4) not more than 127 99 nor less than 120 92 days | 9 | | before the consolidated primary in the case of municipal | 10 | | offices to be elected on a nonpartisan basis pursuant to | 11 | | law (including , without limitation, those municipal | 12 | | offices subject to Articles 4 and 5 of the Municipal | 13 | | Code); or | 14 | | (5) not more than 141 113 nor less than 134 106 days | 15 | | before the municipal primary in even numbered years for | 16 | | such nonpartisan municipal offices where annual elections | 17 | | are provided; or | 18 | | (6) in the case of petitions for the office of | 19 | | multi-township assessor, such petitions shall be filed | 20 | | with the election authority not more than 113 nor less | 21 | | than 134 106 days before the consolidated election. | 22 | | However, where a political subdivision's boundaries are | 23 | | co-extensive with or are entirely within the jurisdiction of a | 24 | | municipal board of election commissioners, the certificates of | 25 | | nomination and nomination papers for candidates for such | 26 | | political subdivision offices shall be filed in the office of |
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| 1 | | such Board. | 2 | | (Source: P.A. 102-15, eff. 6-17-21.) | 3 | | (10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1) | 4 | | Sec. 10-6.1. The board or clerk with whom a certificate of | 5 | | nomination or nomination papers are filed shall notify the | 6 | | person for whom such papers are filed of the obligation to file | 7 | | statements of organization, reports of campaign contributions, | 8 | | and quarterly annual reports of campaign contributions and | 9 | | expenditures under Article 9 of this Act. Such notice shall be | 10 | | given in the manner prescribed by paragraph (7) of Section | 11 | | 9-16 of this Code. | 12 | | (Source: P.A. 81-1189.) | 13 | | (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1) | 14 | | Sec. 10-10.1. (a) Except as otherwise provided in this | 15 | | Section, a candidate or objector aggrieved by the decision of | 16 | | an electoral board may secure judicial review of such decision | 17 | | in the circuit court of the county in which the hearing of the | 18 | | electoral board was held. The party seeking judicial review | 19 | | must file , within 5 days after service of the decision of the | 20 | | electoral board as provided in Section 10-10, a petition with | 21 | | the clerk of the court that names as respondents the electoral | 22 | | board, its members, and the prevailing candidates or objectors | 23 | | in the initial proceeding before the board. The party seeking | 24 | | judicial review and must serve a copy of the petition upon each |
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| 1 | | of the respondents named in the petition for judicial review | 2 | | the electoral board and other parties to the proceeding by | 3 | | registered or certified mail within 5 days after service of | 4 | | the decision of the electoral board as provided in Section | 5 | | 10-10. The petition shall contain a brief statement of the | 6 | | reasons why the decision of the board should be reversed. The | 7 | | petitioner shall file proof of service with the clerk of the | 8 | | court within 5 days after service of the decision of the | 9 | | electoral board as provided in Section 10-10 . No answer to the | 10 | | petition need be filed, but the electoral board shall cause | 11 | | the record of proceedings before the electoral board to be | 12 | | filed with the clerk of the court on or before the date of the | 13 | | hearing on the petition or as ordered by the court. | 14 | | The court shall set the matter for hearing to be held | 15 | | within 30 days after the filing of the petition and shall make | 16 | | its decision promptly after such hearing. | 17 | | (b) An objector or proponent aggrieved by the decision of | 18 | | an electoral board regarding a petition filed pursuant to | 19 | | Section 18-120 of the Property Tax Code may secure a review of | 20 | | such decision by the State Board of Elections. The party | 21 | | seeking such review must file a petition therefor with the | 22 | | State Board of Elections within 10 days after the decision of | 23 | | the electoral board. Any such objector or proponent may apply | 24 | | for and obtain judicial review of a decision of the State Board | 25 | | of Elections entered under this amendatory Act of 1985, in | 26 | | accordance with the provisions of the Administrative Review |
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| 1 | | Law, as amended. | 2 | | (Source: P.A. 96-1008, eff. 7-6-10.) | 3 | | (10 ILCS 5/13-6.1) (from Ch. 46, par. 13-6.1) | 4 | | Sec. 13-6.1. Each judge of election shall be identified as | 5 | | such by a suitable badge or label authorized and issued by the | 6 | | county clerk that: (1) clearly states it is authorized by the | 7 | | county clerk; (2) identifies the individual as an election | 8 | | judge; and (3) contains a unique identifier that consists of | 9 | | the precinct number and assigns the judge of election a single | 10 | | letter. In accordance with this Section, the badge shall | 11 | | follow the form of "Precinct number, Judge letter" and bearing | 12 | | the date of the election for which issued. On such badge, the | 13 | | judge shall print his or her name and the ward, township or | 14 | | road district and precinct number in which he or she is | 15 | | serving . | 16 | | (Source: P.A. 84-971.) | 17 | | (10 ILCS 5/14-5.1) (from Ch. 46, par. 14-5.1) | 18 | | Sec. 14-5.1. Each judge of election shall be identified as | 19 | | such by a suitable badge or label authorized and issued by the | 20 | | board of election commissioners that: (1) clearly states it is | 21 | | authorized by the board of election commissioners; (2) | 22 | | identifies the individual as an election judge; and (3) | 23 | | contains a unique identifier that consists of the precinct | 24 | | number and assigns the judge of election a single letter. In |
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| 1 | | accordance with this Section, the badge shall follow the form | 2 | | of "Precinct number, Judge letter" and bearing the date of the | 3 | | election for which issued. On such badge, the judge shall | 4 | | print his or her name and the ward or township and precinct | 5 | | number in which he or she is serving . | 6 | | (Source: P.A. 84-971.) | 7 | | (10 ILCS 5/19-12.2) (from Ch. 46, par. 19-12.2) | 8 | | Sec. 19-12.2. Voting by physically incapacitated electors | 9 | | who have made proper application to the election authority not | 10 | | later than 5 days before the regular primary and general | 11 | | election of 1980 and before each election thereafter shall be | 12 | | conducted either through the vote by mail procedures as | 13 | | detailed in this Article or on the premises of (i) federally | 14 | | operated veterans' homes, hospitals, and facilities located in | 15 | | Illinois or (ii) facilities licensed or certified pursuant to | 16 | | the Nursing Home Care Act, the Specialized Mental Health | 17 | | Rehabilitation Act of 2013, the ID/DD Community Care Act, or | 18 | | the MC/DD Act for the sole benefit of residents of such homes, | 19 | | hospitals, and facilities. For the purposes of this Section, | 20 | | "federally operated veterans' home, hospital, or facility" | 21 | | means the long-term care facilities at the Jesse Brown VA | 22 | | Medical Center, Illiana Health Care System, Edward Hines, Jr. | 23 | | VA Hospital, Marion VA Medical Center, and Captain James A. | 24 | | Lovell Federal Health Care Center. Such voting shall be | 25 | | conducted during any continuous period sufficient to allow all |
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| 1 | | applicants to cast their ballots between the hours of 9 a.m. | 2 | | and 7 p.m. either on the Friday, Saturday, Sunday or Monday | 3 | | immediately preceding the regular election. This vote by mail | 4 | | voting on one of said days designated by the election | 5 | | authority shall be supervised by two election judges who must | 6 | | be selected by the election authority in the following order | 7 | | of priority: (1) from the panel of judges appointed for the | 8 | | precinct in which such home, hospital, or facility is located, | 9 | | or from a panel of judges appointed for any other precinct | 10 | | within the jurisdiction of the election authority in the same | 11 | | ward or township, as the case may be, in which the home, | 12 | | hospital, or facility is located or, only in the case where a | 13 | | judge or judges from the precinct, township or ward are | 14 | | unavailable to serve, (3) from a panel of judges appointed for | 15 | | any other precinct within the jurisdiction of the election | 16 | | authority. The two judges shall be from different political | 17 | | parties. Not less than 30 days before each regular election, | 18 | | the election authority shall have arranged with the chief | 19 | | administrative officer of each home, hospital, or facility in | 20 | | his or its election jurisdiction a mutually convenient time | 21 | | period on the Friday, Saturday, Sunday or Monday immediately | 22 | | preceding the election for such voting on the premises of the | 23 | | home, hospital, or facility and shall post in a prominent | 24 | | place in his or its office a notice of the agreed day and time | 25 | | period for conducting such voting at each home, hospital, or | 26 | | facility; provided that the election authority shall not later |
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| 1 | | than noon on the Thursday before the election also post the | 2 | | names and addresses of those homes, hospitals, and facilities | 3 | | from which no applications were received and in which no | 4 | | supervised vote by mail voting will be conducted. All | 5 | | provisions of this Code applicable to pollwatchers shall be | 6 | | applicable herein. To the maximum extent feasible, voting | 7 | | booths or screens shall be provided to insure the privacy of | 8 | | the voter. Voting procedures shall be as described in Article | 9 | | 17 of this Code, except that ballots shall be treated as vote | 10 | | by mail ballots and shall not be counted until the close of the | 11 | | polls on the following day. After the last voter has concluded | 12 | | voting, the judges shall seal the ballots in an envelope and | 13 | | affix their signatures across the flap of the envelope. | 14 | | Immediately thereafter, the judges shall bring the sealed | 15 | | envelope to the office of the election authority who shall | 16 | | deliver such ballots to the election authority's central | 17 | | ballot counting location prior to the closing of the polls on | 18 | | the day of election. The judges of election shall also report | 19 | | to the election authority the name of any applicant in the | 20 | | home, hospital, or facility who, due to unforeseen | 21 | | circumstance or condition or because of a religious holiday, | 22 | | was unable to vote. In this event, the election authority may | 23 | | appoint a qualified person from his or its staff to deliver the | 24 | | ballot to such applicant on the day of election. This staff | 25 | | person shall follow the same procedures prescribed for judges | 26 | | conducting vote by mail voting in such homes, hospitals, or |
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| 1 | | facilities and shall return the ballot to the central ballot | 2 | | counting location before the polls close. However, if the | 3 | | home, hospital, or facility from which the application was | 4 | | made is also used as a regular precinct polling place for that | 5 | | voter, voting procedures heretofore prescribed may be | 6 | | implemented by 2 of the election judges of opposite party | 7 | | affiliation assigned to that polling place during the hours of | 8 | | voting on the day of the election. Judges of election shall be | 9 | | compensated not less than $25.00 for conducting vote by mail | 10 | | voting in such homes, hospitals, or facilities. | 11 | | Not less than 120 days before each regular election, the | 12 | | Department of Public Health shall certify to the State Board | 13 | | of Elections a list of the facilities licensed or certified | 14 | | pursuant to the Nursing Home Care Act, the Specialized Mental | 15 | | Health Rehabilitation Act of 2013, the ID/DD Community Care | 16 | | Act, or the MC/DD Act. The lists shall indicate the approved | 17 | | bed capacity and the name of the chief administrative officer | 18 | | of each such home, hospital, or facility, and the State Board | 19 | | of Elections shall certify the same to the appropriate | 20 | | election authority within 20 days thereafter. | 21 | | (Source: P.A. 98-104, eff. 7-22-13; 98-1171, eff. 6-1-15; | 22 | | 99-180, eff. 7-29-15.) | 23 | | (10 ILCS 5/19A-21) | 24 | | Sec. 19A-21. Use of local public buildings for early | 25 | | voting polling places. Upon request by an election authority, |
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| 1 | | a unit of local government (as defined in Section 1 of Article | 2 | | VII of the Illinois Constitution, which does not include | 3 | | school districts) shall make the unit's public buildings | 4 | | within the election authority's jurisdiction available as | 5 | | permanent or temporary early voting polling places without | 6 | | charge. Availability of a building shall include reasonably | 7 | | necessary time before and after the period early voting is | 8 | | conducted at that building. However, if upon receiving the | 9 | | election authority's request, a park district organized under | 10 | | the Park District Code demonstrates to the election authority | 11 | | that the use of a specific room as an early voting polling | 12 | | place would interfere with scheduled programming, the election | 13 | | authority and the park district shall work cooperatively to | 14 | | find an alternative room at the same location to serve as an | 15 | | early voting polling place. If the park district and the | 16 | | election authority are unable to identify a mutually agreeable | 17 | | alternative location at the park district, the park district | 18 | | and election authority shall prepare documentation explaining | 19 | | the difficulties for their respective entities to the Board of | 20 | | County Commissioners who shall determine which room shall be | 21 | | used as an early voting polling place as soon as practicable to | 22 | | avoid delays in determining an early voting polling place. | 23 | | A unit of local government making its public building | 24 | | available as a permanent or temporary early voting polling | 25 | | place shall ensure that any portion of the building made | 26 | | available is accessible to voters with disabilities and |
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| 1 | | elderly voters. | 2 | | (Source: P.A. 99-143, eff. 7-27-15.) | 3 | | (10 ILCS 5/25-3) (from Ch. 46, par. 25-3) | 4 | | Sec. 25-3. (a) Whenever it is alleged that a vacancy in any | 5 | | office exists, the officer, body, or county board who has | 6 | | authority to fill the vacancy by appointment, or to order an | 7 | | election to fill such vacancy, shall have power to determine | 8 | | whether or not the facts occasioning such vacancy exist. | 9 | | (b) On or before the 141st 100th day previous to the day of | 10 | | election for which judicial candidates are to be nominated: | 11 | | (1) The Chief Justice of the Supreme Court shall | 12 | | certify to the State Board of Elections the names of all | 13 | | judges who have died, resigned, retired or forfeited their | 14 | | office since the last general election and whose vacancies | 15 | | will be filled at the next general election. | 16 | | (2) The secretary of the Illinois Courts Commission | 17 | | shall certify to the State Board of Elections the names of | 18 | | judges who have been removed from office and whose | 19 | | vacancies will be filled at the next general election. | 20 | | (3) The Secretary of State shall certify to the State | 21 | | Board of Elections the names of judges who were eligible | 22 | | to stand for retention at the next general election, but | 23 | | failed to file a declaration of candidacy to succeed | 24 | | themselves in office or, having timely filed such a | 25 | | declaration, withdrew it. |
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| 1 | | (4) The State Board of Elections shall determine | 2 | | whether the General Assembly has created new judgeships | 3 | | which are to be filled at the next general election. | 4 | | If one of the events described in subsection (a) of | 5 | | Section 2A-9 of this Code occurs between the 141st 100th day | 6 | | and the 134th 92nd day previous to the day of election for | 7 | | which judicial candidates are to be nominated, the appropriate | 8 | | aforementioned officer shall promptly certify the vacancy to | 9 | | the State Board of Elections. | 10 | | (c) Except with regard to new judgeships which have been | 11 | | created by the General Assembly, the State Board of Elections | 12 | | may rely upon the certifications from the Supreme Court, the | 13 | | Illinois Courts Commission and the Secretary of State to | 14 | | determine (1) when vacancies in judicial office exist and (2) | 15 | | the judicial positions for which elections are to be held. | 16 | | (Source: P.A. 86-1348 .) | 17 | | (10 ILCS 5/28-8) (from Ch. 46, par. 28-8) | 18 | | Sec. 28-8. If a referendum held in accordance with Section | 19 | | 28-7 of this Act involved the question of whether a unit of | 20 | | local government shall become a home rule unit or shall | 21 | | continue cease to be a home rule unit and if that referendum | 22 | | passed, then the clerk of that unit of local government shall, | 23 | | within 45 days after the referendum, file with the Secretary | 24 | | of State a certified statement showing the results of the | 25 | | referendum and the resulting status of the unit of local |
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| 1 | | government as a home rule unit or a non-home rule unit. The | 2 | | Secretary of State shall maintain such certified statements in | 3 | | his office as a public record. | 4 | | The question of whether a unit of local government shall | 5 | | become a home rule unit shall be submitted in substantially | 6 | | the following form: | 7 | | Shall (name of the unit of local government) become a home | 8 | | rule unit? | 9 | | Votes must be recorded as "yes" or "no". | 10 | | The question of whether a unit of local government shall | 11 | | continue cease to be a home rule unit shall be submitted in | 12 | | substantially the following form: | 13 | | Shall (name of the unit of local government) continue | 14 | | cease to be a home rule unit? | 15 | | Votes must be recorded as "yes" or "no". | 16 | | (Source: P.A. 98-115, eff. 7-29-13.) | 17 | | (10 ILCS 5/29B-10) (from Ch. 46, par. 29B-10; formerly Ch. | 18 | | 46, par. 1103) | 19 | | Sec. 29B-10. Code of Fair Campaign Practices. At the time | 20 | | a political committee, as defined in Article 9, files its | 21 | | statements of organization, the State Board of Elections , in | 22 | | the case of a state political committee or a political | 23 | | committee acting as both a state political committee and a | 24 | | local political committee, or the county clerk, in the case of | 25 | | a local political committee, shall give the political |
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| 1 | | committee a blank form of the Code of Fair Campaign Practices | 2 | | and a copy of the provisions of this Article. The State Board | 3 | | of Elections or county clerk shall inform each political | 4 | | committee that subscription to the Code is voluntary. The text | 5 | | of the Code shall read as follows: | 6 | | CODE OF FAIR CAMPAIGN PRACTICES | 7 | | There are basic principles of decency, honesty, and fair | 8 | | play that every candidate for public office in the State of | 9 | | Illinois has a moral obligation to observe and uphold, in | 10 | | order that, after vigorously contested but fairly conducted | 11 | | campaigns, our citizens may exercise their constitutional | 12 | | right to a free and untrammeled choice and the will of the | 13 | | people may be fully and clearly expressed on the issues. | 14 | | THEREFORE: | 15 | | (1) I will conduct my campaign openly and publicly, and | 16 | | limit attacks on my opponent to legitimate challenges to his | 17 | | record. | 18 | | (2) I will not use or permit the use of character | 19 | | defamation, whispering campaigns, libel, slander, or | 20 | | scurrilous attacks on any candidate or his personal or family | 21 | | life. | 22 | | (3) I will not use or permit any appeal to negative | 23 | | prejudice based on race, sex, sexual orientation, religion or | 24 | | national origin. | 25 | | (4) I will not use campaign material of any sort that | 26 | | misrepresents, distorts, or otherwise falsifies the facts, nor |
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| 1 | | will I use malicious or unfounded accusations that aim at | 2 | | creating or exploiting doubts, without justification, as to | 3 | | the personal integrity or patriotism of my opposition. | 4 | | (5) I will not undertake or condone any dishonest or | 5 | | unethical practice that tends to corrupt or undermine our | 6 | | American system of free elections or that hampers or prevents | 7 | | the full and free expression of the will of the voters. | 8 | | (6) I will defend and uphold the right of every qualified | 9 | | American voter to full and equal participation in the | 10 | | electoral process. | 11 | | (7) I will immediately and publicly repudiate methods and | 12 | | tactics that may come from others that I have pledged not to | 13 | | use or condone. I shall take firm action against any | 14 | | subordinate who violates any provision of this Code or the | 15 | | laws governing elections. | 16 | | I, the undersigned, candidate for election to public | 17 | | office in the State of Illinois or chair of a political | 18 | | committee in support of or opposition to a question of public | 19 | | policy, hereby voluntarily endorse, subscribe to, and solemnly | 20 | | pledge myself to conduct my campaign in accordance with the | 21 | | above principles and practices. | 22 | | .............. ...............................
| 23 | | Date Signature | 24 | | (Source: P.A. 100-1027, eff. 1-1-19 .) |
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| 1 | | (10 ILCS 5/29B-15) (from Ch. 46, par. 29B-15; formerly Ch. | 2 | | 46, par. 1104) | 3 | | Sec. 29B-15. Responsibility of State Board of Elections | 4 | | for printing and supplying of forms. The State Board of | 5 | | Elections shall print, or cause to be printed, copies of the | 6 | | Code of Fair Campaign Practices. The State Board of Elections | 7 | | shall supply the forms to the county clerks in quantities and | 8 | | at times requested by the clerks. | 9 | | (Source: P.A. 86-873; 87-1052.) | 10 | | (10 ILCS 5/29B-20) (from Ch. 46, par. 29B-20; formerly Ch. | 11 | | 46, par. 1105) | 12 | | Sec. 29B-20. Acceptance of completed forms; retentions for | 13 | | public inspection. The State Board of Elections and the county | 14 | | clerks shall accept, at all times prior to an election, all | 15 | | completed copies of the Code of Fair Campaign Practices that | 16 | | are properly subscribed to by a candidate or the chair of a | 17 | | political committee in support of or opposition to a question | 18 | | of public policy, and shall retain them for public inspection | 19 | | until 30 days after the election. | 20 | | (Source: P.A. 100-1027, eff. 1-1-19 .) | 21 | | (10 ILCS 5/9-45 rep.) | 22 | | Section 10-10. The Election Code is amended by repealing | 23 | | Section 9-45. |
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| 1 | | Section 10-15. The Illinois Procurement Code is amended by | 2 | | changing Section 50-37 as follows: | 3 | | (30 ILCS 500/50-37) | 4 | | Sec. 50-37. Prohibition of political contributions. | 5 | | (a) As used in this Section: | 6 | | The terms "contract", "State contract", and "contract | 7 | | with a State agency" each mean any contract, as defined in | 8 | | this Code, between a business entity and a State agency | 9 | | let or awarded pursuant to this Code. The terms | 10 | | "contract", "State contract", and "contract with a State | 11 | | agency" do not include cost reimbursement contracts; | 12 | | purchase of care agreements as defined in Section 1-15.68 | 13 | | of this Code; contracts for projects eligible for full or | 14 | | partial federal-aid funding reimbursements authorized by | 15 | | the Federal Highway Administration; grants, including but | 16 | | are not limited to grants for job training or | 17 | | transportation; and grants, loans, or tax credit | 18 | | agreements for economic development purposes. | 19 | | "Contribution" means a contribution as defined in | 20 | | Section 9-1.4 of the Election Code. | 21 | | "Declared candidate" means a person who has filed a | 22 | | statement of candidacy and petition for nomination or | 23 | | election in the principal office of the State Board of | 24 | | Elections. | 25 | | "State agency" means and includes all boards, |
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| 1 | | commissions, agencies, institutions, authorities, and | 2 | | bodies politic and corporate of the State, created by or | 3 | | in accordance with the Illinois Constitution or State | 4 | | statute, of the executive branch of State government and | 5 | | does include colleges, universities, public employee | 6 | | retirement systems, and institutions under the | 7 | | jurisdiction of the governing boards of the University of | 8 | | Illinois, Southern Illinois University, Illinois State | 9 | | University, Eastern Illinois University, Northern Illinois | 10 | | University, Western Illinois University, Chicago State | 11 | | University, Governors State University, Northeastern | 12 | | Illinois University, and the Illinois Board of Higher | 13 | | Education. | 14 | | "Officeholder" means the Governor, Lieutenant | 15 | | Governor, Attorney General, Secretary of State, | 16 | | Comptroller, or Treasurer. The Governor shall be | 17 | | considered the officeholder responsible for awarding all | 18 | | contracts by all officers and employees of, and potential | 19 | | contractors and others doing business with, executive | 20 | | branch State agencies under the jurisdiction of the | 21 | | Executive Ethics Commission and not within the | 22 | | jurisdiction of the Attorney General, the Secretary of | 23 | | State, the Comptroller, or the Treasurer. | 24 | | "Sponsoring entity" means a sponsoring entity as | 25 | | defined in Section 9-3 of the Election Code. | 26 | | "Affiliated person" means (i) any person with any |
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| 1 | | ownership interest or distributive share of the bidding or | 2 | | contracting business entity in excess of 7.5%, (ii) | 3 | | executive employees of the bidding or contracting business | 4 | | entity, and (iii) the spouse of any such persons. | 5 | | "Affiliated person" does not include a person prohibited | 6 | | by federal law from making contributions or expenditures | 7 | | in connection with a federal, state, or local election. | 8 | | "Affiliated entity" means (i) any corporate parent and | 9 | | each operating subsidiary of the bidding or contracting | 10 | | business entity, (ii) each operating subsidiary of the | 11 | | corporate parent of the bidding or contracting business | 12 | | entity, (iii) any organization recognized by the United | 13 | | States Internal Revenue Service as a tax-exempt | 14 | | organization described in Section 501(c) of the Internal | 15 | | Revenue Code of 1986 (or any successor provision of | 16 | | federal tax law) established by the bidding or contracting | 17 | | business entity, any affiliated entity of that business | 18 | | entity, or any affiliated person of that business entity , | 19 | | or (iv) any political committee for which the bidding or | 20 | | contracting business entity, or any 501(c) organization | 21 | | described in item (iii) related to that business entity, | 22 | | is the sponsoring entity . "Affiliated entity" does not | 23 | | include an entity prohibited by federal law from making | 24 | | contributions or expenditures in connection with a | 25 | | federal, state, or local election. | 26 | | "Business entity" means any entity doing business for |
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| 1 | | profit, whether organized as a corporation, partnership, | 2 | | sole proprietorship, limited liability company or | 3 | | partnership, or otherwise. | 4 | | "Executive employee" means (i) the President, | 5 | | Chairman, or Chief Executive Officer of a business entity | 6 | | and any other individual that fulfills equivalent duties | 7 | | as the President, Chairman of the Board, or Chief | 8 | | Executive Officer of a business entity; and (ii) any | 9 | | employee of a business entity whose compensation is | 10 | | determined directly, in whole or in part, by the award or | 11 | | payment of contracts by a State agency to the entity | 12 | | employing the employee. A regular salary that is paid | 13 | | irrespective of the award or payment of a contract with a | 14 | | State agency shall not constitute "compensation" under | 15 | | item (ii) of this definition. "Executive employee" does | 16 | | not include any person prohibited by federal law from | 17 | | making contributions or expenditures in connection with a | 18 | | federal, state, or local election. | 19 | | (b) Any business entity whose contracts with State | 20 | | agencies, in the aggregate, total more than $50,000, and any | 21 | | affiliated entities or affiliated persons of such business | 22 | | entity, are prohibited from making any contributions to any | 23 | | political committees established to promote the candidacy of | 24 | | (i) the officeholder responsible for awarding the contracts or | 25 | | (ii) any other declared candidate for that office. This | 26 | | prohibition shall be effective for the duration of the term of |
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| 1 | | office of the incumbent officeholder awarding the contracts or | 2 | | for a period of 2 years following the expiration or | 3 | | termination of the contracts, whichever is longer. | 4 | | (c) Any business entity whose aggregate pending bids and | 5 | | offers on State contracts total more than $50,000, or whose | 6 | | aggregate pending bids and offers on State contracts combined | 7 | | with the business entity's aggregate total value of State | 8 | | contracts exceed $50,000, and any affiliated entities or | 9 | | affiliated persons of such business entity, are prohibited | 10 | | from making any contributions to any political committee | 11 | | established to promote the candidacy of the officeholder | 12 | | responsible for awarding the contract on which the business | 13 | | entity has submitted a bid or offer during the period | 14 | | beginning on the date the invitation for bids, request for | 15 | | proposals, or any other procurement opportunity is issued and | 16 | | ending on the day after the date the contract is awarded. | 17 | | (c-5) For the purposes of the prohibitions under | 18 | | subsections (b) and (c) of this Section, (i) any contribution | 19 | | made to a political committee established to promote the | 20 | | candidacy of the Governor or a declared candidate for the | 21 | | office of Governor shall also be considered as having been | 22 | | made to a political committee established to promote the | 23 | | candidacy of the Lieutenant Governor, in the case of the | 24 | | Governor, or the declared candidate for Lieutenant Governor | 25 | | having filed a joint petition, or write-in declaration of | 26 | | intent, with the declared candidate for Governor, as |
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| 1 | | applicable, and (ii) any contribution made to a political | 2 | | committee established to promote the candidacy of the | 3 | | Lieutenant Governor or a declared candidate for the office of | 4 | | Lieutenant Governor shall also be considered as having been | 5 | | made to a political committee established to promote the | 6 | | candidacy of the Governor, in the case of the Lieutenant | 7 | | Governor, or the declared candidate for Governor having filed | 8 | | a joint petition, or write-in declaration of intent, with the | 9 | | declared candidate for Lieutenant Governor, as applicable. | 10 | | (d) All contracts between State agencies and a business | 11 | | entity that violate subsection (b) or (c) shall be voidable | 12 | | under Section 50-60. If a business entity violates subsection | 13 | | (b) 3 or more times within a 36-month period, then all | 14 | | contracts between State agencies and that business entity | 15 | | shall be void, and that business entity shall not bid or | 16 | | respond to any invitation to bid or request for proposals from | 17 | | any State agency or otherwise enter into any contract with any | 18 | | State agency for 3 years from the date of the last violation. A | 19 | | notice of each violation and the penalty imposed shall be | 20 | | published in both the Procurement Bulletin and the Illinois | 21 | | Register. | 22 | | (e) Any political committee that has received a | 23 | | contribution in violation of subsection (b) or (c) shall pay | 24 | | an amount equal to the value of the contribution to the State | 25 | | no more than 30 calendar days after notice of the violation | 26 | | concerning the contribution appears in the Illinois Register. |
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| 1 | | Payments received by the State pursuant to this subsection | 2 | | shall be deposited into the general revenue fund. | 3 | | (Source: P.A. 103-570, eff. 1-1-24.) | 4 | | Section 10-20. The Township Code is amended by changing | 5 | | Sections 45-55 and 70-45 as follows: | 6 | | (60 ILCS 1/45-55) | 7 | | Sec. 45-55. Nomination by primary election. In (i) | 8 | | counties having a population of more than 3,000,000, the | 9 | | township central committee of a political party composed of | 10 | | the elected township committeeman and his or her appointed | 11 | | precinct committeemen and (ii) townships with a population of | 12 | | more than 15,000 in counties with a population of 3,000,000 or | 13 | | less, the township central committee of a political party | 14 | | composed of the precinct committeemen may, with respect to any | 15 | | regular township election, determine that its candidates for | 16 | | township offices shall be nominated by primary in accordance | 17 | | with the general election law, rather than in the manner | 18 | | provided in Sections 45-5 through 45-45. If the township | 19 | | central committee makes that determination, it must file a | 20 | | statement of the determination with the county clerk no later | 21 | | than August 15 November 15 preceding the township election. If | 22 | | the township or any part of the township is within the | 23 | | jurisdiction of a board of election commissioners, the | 24 | | township central committee shall promptly notify the board of |
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| 1 | | election commissioners of the determination. Upon the filing | 2 | | of the determination by the township central committee of a | 3 | | political party, the provisions of the general election law | 4 | | shall govern the nomination of candidates of that political | 5 | | party for township offices for the election with respect to | 6 | | which the determination was made. | 7 | | (Source: P.A. 82-783; 88-62.) | 8 | | (60 ILCS 1/70-45) | 9 | | Sec. 70-45. Supervisors in Cook County. The supervisors of | 10 | | townships in Cook County shall perform the same duties as | 11 | | supervisors of townships in other counties under township | 12 | | organization, except that they shall not be members of the | 13 | | county board or exercise any of the powers of county board | 14 | | members. They shall have the same compensation for their | 15 | | services prescribed by law for similar services rendered by | 16 | | other township supervisors. | 17 | | Township supervisors may serve as members of the Cook | 18 | | County Townships Public Aid Committee. The supervisors shall | 19 | | not receive additional compensation for duties associated with | 20 | | the Cook County Townships Public Aid Committee but shall be | 21 | | reimbursed for actual and necessary expenses related to | 22 | | service on the Committee. | 23 | | The compensation for a supervisor of a township in Cook | 24 | | County may not be increased during the term of office for which | 25 | | the supervisor is elected or appointed. An ordinance |
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| 1 | | establishing compensation, including an increase or decrease | 2 | | in a supervisor's compensation, shall apply uniformly to the | 3 | | supervisors whose terms start after enactment of the | 4 | | compensation ordinance. A township is prohibited from | 5 | | decreasing the salary for a person elected as supervisor of a | 6 | | township while maintaining the salary of an incumbent. An | 7 | | ordinance that violates this paragraph is null and void. | 8 | | (Source: P.A. 90-210, eff. 7-25-97.) | 9 | | Section 10-25. The Downstate Forest Preserve District Act | 10 | | is amended by changing Sections 3c and 3c-1 and by adding | 11 | | Section 3c-2 as follows: | 12 | | (70 ILCS 805/3c) | 13 | | Sec. 3c. Elected board of commissioners in certain | 14 | | counties. If the boundaries of a district are co-extensive | 15 | | with the boundaries of a county having a population of more | 16 | | than 800,000 but less than 3,000,000, all commissioners of the | 17 | | forest preserve district shall be elected from the number of | 18 | | districts as determined by the forest preserve district board | 19 | | of commissioners. Such a forest preserve district is a | 20 | | separate and distinct legal entity, and its board members are | 21 | | elected separate and apart from the elected county | 22 | | commissioners. Upon its formation, or as a result of decennial | 23 | | reapportionment, such a forest preserve district shall adopt a | 24 | | district map determining the boundary lines of each district. |
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| 1 | | That map shall be adjusted and reapportioned subject to the | 2 | | same decennial reapportionment process stated in Section 3c-1. | 3 | | No more than one commissioner shall be elected from each | 4 | | district. At their first meeting after election in 2022 and at | 5 | | their first meeting after election next following each | 6 | | subsequent decennial reapportionment of the county under | 7 | | Section 3c-1, the elected commissioners shall publicly, by | 8 | | lot, divide themselves into 2 groups, as equal in size as | 9 | | possible. Commissioners from the first group shall serve for | 10 | | terms of 2, 4, and 4 years, and commissioners from the second | 11 | | group shall serve terms of 4, 4, and 2 years. The president of | 12 | | the board of commissioners of the forest preserve district | 13 | | shall be elected by the voters of the county, rather than by | 14 | | the commissioners. The president shall be a resident of the | 15 | | county and shall be elected throughout the county for a 4-year | 16 | | term without having been first elected as commissioner of the | 17 | | forest preserve district. Each commissioner shall be a | 18 | | resident of the forest preserve board district from which he | 19 | | or she was elected not later than the date of the commencement | 20 | | of the term of office. The term of office for the president and | 21 | | commissioners elected under this Section shall commence on the | 22 | | first Monday of the month following the month of election. | 23 | | Neither a commissioner nor the president of the board of | 24 | | commissioners of that forest preserve district shall serve | 25 | | simultaneously as member or chairman of the county board. No | 26 | | person shall seek election to both the forest preserve |
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| 1 | | commission and the county board at the same election, nor | 2 | | shall they be eligible to hold both offices at the same time. | 3 | | The president, with the advice and consent of the board of | 4 | | commissioners shall appoint a secretary, treasurer, and such | 5 | | other officers as deemed necessary by the board of | 6 | | commissioners, which officers need not be members of the board | 7 | | of commissioners. The president shall have the powers and | 8 | | duties as specified in Section 12 of this Act. | 9 | | Candidates for president and commissioner shall be | 10 | | candidates of established political parties. | 11 | | If a vacancy in the office of president or commissioner | 12 | | occurs, other than by expiration of the president's or | 13 | | commissioner's term, the forest preserve district board of | 14 | | commissioners shall declare that a vacancy exists and | 15 | | notification of the vacancy shall be given to the county | 16 | | central committee of each established political party within 3 | 17 | | business days after the occurrence of the vacancy. If the | 18 | | vacancy occurs in the office of forest preserve district | 19 | | commissioner, the president of the board of commissioners | 20 | | shall, within 60 days after the date of the vacancy, with the | 21 | | advice and consent of other commissioners then serving, | 22 | | appoint a person to serve for the remainder of the unexpired | 23 | | term. The appointee shall be affiliated with the same | 24 | | political party as the commissioner in whose office the | 25 | | vacancy occurred and be a resident of such district. If a | 26 | | vacancy in the office of president occurs, other than by |
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| 1 | | expiration of the president's term, the remaining members of | 2 | | the board of commissioners shall, within 60 days after the | 3 | | vacancy, appoint one of the commissioners to serve as | 4 | | president for the remainder of the unexpired term. In that | 5 | | case, the office of the commissioner who is appointed to serve | 6 | | as president shall be deemed vacant and shall be filled within | 7 | | 60 days by appointment of the president with the advice and | 8 | | consent of the other forest preserve district commissioners. | 9 | | The commissioner who is appointed to fill a vacancy in the | 10 | | office of president shall be affiliated with the same | 11 | | political party as the person who occupied the office of | 12 | | president prior to the vacancy. A person appointed to fill a | 13 | | vacancy in the office of president or commissioner shall | 14 | | establish his or her party affiliation by his or her record of | 15 | | voting in primary elections or by holding or having held an | 16 | | office in an established political party organization before | 17 | | the appointment. If the appointee has not voted in a party | 18 | | primary election or is not holding or has not held an office in | 19 | | an established political party organization before the | 20 | | appointment, the appointee shall establish his or her | 21 | | political party affiliation by his or her record of | 22 | | participating in an established political party's nomination | 23 | | or election caucus. If, however, more than 28 months remain in | 24 | | the unexpired term of a commissioner or the president, the | 25 | | appointment shall be until the next general election, at which | 26 | | time the vacated office of commissioner or president shall be |
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| 1 | | filled by election for the remainder of the term. | 2 | | Notwithstanding any law to the contrary, if a vacancy occurs | 3 | | after the last day provided in Section 7-12 of the Election | 4 | | Code for filing nomination papers for the office of president | 5 | | of a forest preserve district where that office is elected as | 6 | | provided for in this Section, or as set forth in Section 7-61 | 7 | | of the Election Code, a vacancy in nomination shall be filled | 8 | | by the passage of a resolution by the nominating committee of | 9 | | the affected political party within the time periods specified | 10 | | in the Election Code. The nominating committee shall consist | 11 | | of the chairman of the county central committee and the | 12 | | township chairmen of the affected political party. All other | 13 | | vacancies in nomination shall be filled in accordance with the | 14 | | provisions of the Election Code. | 15 | | The president and commissioners elected under this Section | 16 | | may be reimbursed for their reasonable expenses actually | 17 | | incurred in performing their official duties under this Act in | 18 | | accordance with the provisions of Section 3a. The | 19 | | reimbursement paid under this Section shall be paid by the | 20 | | forest preserve district. | 21 | | Compensation for the president and the forest preserve | 22 | | commissioners elected under this Section shall be established | 23 | | by the board of commissioners of the forest preserve district. | 24 | | This Section does not apply to a forest preserve district | 25 | | created under Section 18.5 of the Conservation District Act. | 26 | | (Source: P.A. 102-668, eff. 11-15-21.) |
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| 1 | | (70 ILCS 805/3c-1) | 2 | | Sec. 3c-1. Reapportionment plan for forest preserve | 3 | | districts under Section 3c. | 4 | | (a) Beginning in 2021, the The Downstate Forest Preserve | 5 | | District board of commissioners shall develop an apportionment | 6 | | plan and specify the number of districts. Each district shall | 7 | | have one commissioner. Each such district: | 8 | | (1) shall be substantially equal in population to each | 9 | | other district; and | 10 | | (2) shall be comprised of contiguous territory, as | 11 | | nearly compact as practicable; and | 12 | | (3) shall be created in such a manner so that no | 13 | | precinct shall be divided between 2 or more districts, | 14 | | insofar as is practicable. | 15 | | (b) The president of the board of commissioners of a | 16 | | Downstate Forest Preserve District may develop a reappointment | 17 | | plan and that plan, as presented or as amended, shall be | 18 | | presented to the board by the third Wednesday in May in the | 19 | | year after a federal decennial census year for approval in | 20 | | accordance with the provisions of subsection (a) of this | 21 | | Section. If the president presents a plan to the board by the | 22 | | third Wednesday in May, the board shall conduct at least one | 23 | | public hearing to receive comments and to discuss the | 24 | | apportionment plan. That hearing shall be held at least 6 days | 25 | | but not more than 21 days before the board may consider |
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| 1 | | adopting the plan, and the public shall be given notice by | 2 | | publication in a newspaper of general circulation in the | 3 | | district of the hearing at least 6 days in advance of the | 4 | | hearing. The president of the board of commissioners shall | 5 | | have access to the federal decennial census available to the | 6 | | board. | 7 | | (c) For the reapportionment in calendar year 2021, the | 8 | | president of the board of commissioners may develop and | 9 | | present (or redevelop and represent) to the board by the third | 10 | | Wednesday in November of 2021 an apportionment plan. If a plan | 11 | | is presented, the board shall conduct at least one hearing on | 12 | | the proposed plan before it may be adopted. That hearing shall | 13 | | be held at least 6 days but not more than 21 days before the | 14 | | board may consider adopting the plan, and the public shall be | 15 | | given notice by publication in a newspaper of general | 16 | | circulation in the district of the hearing at least 6 days in | 17 | | advance of the hearing. | 18 | | (d) After each decennial census, the Downstate Forest | 19 | | Preserve District board is not obligated to reapportion the | 20 | | districts if existing districts are within a 10% population | 21 | | deviation from each other based on the results of the | 22 | | decennial census. | 23 | | (e) As used in this Section, "Downstate Forest Preserve | 24 | | District" means a district described in Section 3c. | 25 | | (Source: P.A. 102-668, eff. 11-15-21.) |
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| 1 | | (70 ILCS 805/3c-2 new) | 2 | | Sec. 3c-2. Continuous effect of provisions; validation. | 3 | | The General Assembly declares that the changes made to | 4 | | Sections 3c and 3c-1 by this amendatory Act of the 103rd | 5 | | General Assembly shall be deemed to have been in continuous | 6 | | effect since November 15, 2021 (the effective date of Public | 7 | | Act 102-688) and shall continue to be in effect until they are | 8 | | lawfully repealed. All actions that were taken on or after | 9 | | 2021 and before the effective date of this amendatory Act of | 10 | | the 103rd General Assembly by a downstate forest preserve | 11 | | district or any other person and that are consistent with or in | 12 | | reliance on the changes made to Sections 3c and 3c-1 by this | 13 | | amendatory Act of the 103rd General Assembly are hereby | 14 | | validated. | 15 | | Section 10-27. The Fox Waterway Agency Act is amended by | 16 | | changing Section 5 as follows: | 17 | | (615 ILCS 90/5) (from Ch. 19, par. 1205) | 18 | | Sec. 5. The Agency shall be governed by a Board of | 19 | | Directors, which shall consist of 6 directors and one chairman | 20 | | elected pursuant to this Section. | 21 | | Three directors shall be elected from within the territory | 22 | | of each member county. Any resident of a member county and the | 23 | | territory of the Agency, at least 18 years of age, may become a | 24 | | candidate for election as a director by filing a nominating |
| | | HB4488 Enrolled | - 99 - | LRB103 34630 SPS 64471 b |
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| 1 | | petition with the State Board of Elections containing the | 2 | | verified signatures of at least 200 of the registered voters | 3 | | of such county who reside within the territory of the Agency. | 4 | | Such petition shall be filed not more than 141 113 nor less | 5 | | than 134 106 days prior to the date of election. | 6 | | The chairman shall be elected at large from the territory | 7 | | of the Agency. Any person eligible to become a candidate for | 8 | | election as director may become a candidate for election as | 9 | | chairman by filing a nominating petition with the State Board | 10 | | of Elections containing the verified signatures of at least | 11 | | 200 of the registered voters of each member county who reside | 12 | | within the territory of the Agency. Such petition shall be | 13 | | filed not more than 141 113 nor less than 134 106 days prior to | 14 | | the date of the election. | 15 | | Within 7 days after each consolidated election at which | 16 | | the chairman is elected, the county clerk of each member | 17 | | county shall transmit the returns for the election to the | 18 | | office of chairman to the State Board of Elections. The State | 19 | | Board of Elections shall immediately canvass the returns and | 20 | | proclaim the results thereof and shall issue a certificate of | 21 | | election to the person so elected. | 22 | | Beginning in 1985, the directors and chairman shall be | 23 | | elected at the consolidated election and shall serve from the | 24 | | third Monday in May following their respective elections until | 25 | | their respective successors are elected and qualified. The | 26 | | term of office of a director shall be for 4 years, except that |
| | | HB4488 Enrolled | - 100 - | LRB103 34630 SPS 64471 b |
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| 1 | | of the directors elected at the consolidated election of 1985, | 2 | | 3 shall serve until the first Monday in May 1987 and 3 shall | 3 | | serve until the first Monday in May 1989. The term of office of | 4 | | a chairman shall be 4 years. | 5 | | At least 90 days before the consolidated election of 1985 | 6 | | the State Board of Elections shall meet to determine by lot | 7 | | which 3 director positions shall be elected for terms to | 8 | | expire on the first Monday in May 1987 and which 3 director | 9 | | positions shall be elected for terms to expire on the first | 10 | | Monday in May 1989. At least one director position from each | 11 | | member county shall be elected for a term to expire on the | 12 | | first Monday in May 1987. | 13 | | The county clerks of the member counties shall provide | 14 | | notice of each election for chairman and director in the | 15 | | manner prescribed in Article 12 of The Election Code, with the | 16 | | notice of the elections to be held at the consolidated | 17 | | election of 1985 to include a statement as to whether the | 18 | | director is to be elected for a term of 2 years or for a term | 19 | | of 4 years. | 20 | | A chairman shall be elected at the consolidated election | 21 | | of 1985 and at each consolidated election every 4 years | 22 | | thereafter. Six directors shall be elected at the consolidated | 23 | | election of 1985. At the consolidated election of 1987, and at | 24 | | each consolidated election every 4 years thereafter, directors | 25 | | shall be elected from the constituencies of the directors who | 26 | | were elected at the consolidated election of 1985 and whose |
| | | HB4488 Enrolled | - 101 - | LRB103 34630 SPS 64471 b |
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| 1 | | terms expired on the first Monday in May 1987. At the | 2 | | consolidated election of 1989, and at each consolidated | 3 | | election every 4 years thereafter, directors shall be elected | 4 | | from the constituencies of the directors who were elected at | 5 | | the consolidated election of 1985 and whose terms expired on | 6 | | the first Monday in May 1989. | 7 | | Vacancies in the office of director or chairman shall be | 8 | | filled by the remaining members of the Board, who shall | 9 | | appoint to fill the vacated office for the remainder of the | 10 | | term of such office an individual who would be eligible for | 11 | | election to such office. If, however, a vacancy occurs in the | 12 | | office of chairman or director with at least 28 months | 13 | | remaining in the term of such office, the office shall be | 14 | | filled for the remainder of the term at the next consolidated | 15 | | election. Until the office is filled by election, the | 16 | | remaining members of the Board shall appoint a qualified | 17 | | person to the office in the manner provided in this Section. | 18 | | (Source: P.A. 98-115, eff. 7-29-13.) | 19 | | ARTICLE 99 | 20 | | Section 99-99. Effective date. This Act takes effect upon | 21 | | becoming law. |
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