Full Text of HB2366 96th General Assembly
HB2366 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2366
Introduced 2/19/2009, by Rep. Eddie Washington SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/10-3 |
from Ch. 46, par. 10-3 |
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Amends the Election Code. Changes the number of petition signatures
required by an independent candidate to the same number required by a candidate
of a political party for nomination to the particular office (now, various larger percentages of numbers of voters). |
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A BILL FOR
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HB2366 |
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LRB096 07812 JAM 17915 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing
Section | 5 |
| 10-3 as follows:
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| (10 ILCS 5/10-3) (from Ch. 46, par. 10-3)
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| Sec. 10-3. Nomination of independent candidates (not | 8 |
| candidates of
any political party), for any office to be filled | 9 |
| by the voters of the
State at large may also be made by | 10 |
| nomination papers signed in the
aggregate for each candidate by | 11 |
| the same number of voters as required by
law for a nomination | 12 |
| petition filed for a candidate of a political party for
the | 13 |
| same office 1% of the number of voters who voted in
the next | 14 |
| preceding Statewide general election or 25,000 qualified | 15 |
| voters
of the State, whichever is less . Nominations of | 16 |
| independent candidates
for public office within any district or | 17 |
| political subdivision less than
the State, may be made by | 18 |
| nomination papers signed in the aggregate for
each candidate by | 19 |
| qualified voters of such district, or political
subdivision, | 20 |
| equaling the same number of voters as required by
law for a | 21 |
| nomination petition filed for a candidate of a political party | 22 |
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the same office. For the purpose of this Section, the | 23 |
| number of voters required by law for a
nomination petition |
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LRB096 07812 JAM 17915 b |
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| filed for a candidate of a political party is the actual
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| number, and not a percentage of voters in a previous primary or | 3 |
| election,
regardless of whether that actual number is required | 4 |
| for the candidate of a
political party only as an alternative | 5 |
| to the percentage of voters and
regardless of whether the | 6 |
| actual number is required for the candidate of a
political | 7 |
| party only immediately following redistricting. not less than | 8 |
| 5%, nor more than 8% (or 50 more
than the minimum, whichever is | 9 |
| greater) of the number of persons, who
voted at the next | 10 |
| preceding regular election in such district or
political | 11 |
| subdivision in which such district or political subdivision
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| voted as a unit for the election of officers to serve its | 13 |
| respective
territorial area. However, whenever the minimum
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| signature requirement for an independent candidate petition | 15 |
| for a
district or political subdivision office shall exceed the | 16 |
| minimum number
of signatures for an independent candidate | 17 |
| petition for an office to be
filled by the voters of the State | 18 |
| at large at the next preceding
State-wide general election, | 19 |
| such State-wide petition signature
requirement shall be the | 20 |
| minimum for an independent candidate petition
for such district | 21 |
| or political subdivision office. For the first
election | 22 |
| following a redistricting of congressional districts,
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| nomination papers for an independent candidate for congressman | 24 |
| shall be
signed by at least 5,000 qualified voters of the | 25 |
| congressional district.
For the first election following a | 26 |
| redistricting of legislative
districts, nomination papers for |
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LRB096 07812 JAM 17915 b |
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| an independent candidate for State
Senator in the General | 2 |
| Assembly shall be signed by at
least 3,000 qualified voters of | 3 |
| the legislative district. For the first
election following a | 4 |
| redistricting of representative districts, nomination
papers | 5 |
| for an independent candidate for State Representative in the | 6 |
| General
Assembly shall be signed by at least 1,500 qualified | 7 |
| voters of the
representative district. For the first election | 8 |
| following redistricting of
county board districts, or of | 9 |
| municipal wards or districts, or for the
first election | 10 |
| following the initial establishment of such districts or
wards | 11 |
| in a county or municipality, nomination papers
for an | 12 |
| independent candidate for county board member, or for alderman | 13 |
| or
trustee of such municipality, shall be signed by qualified | 14 |
| voters of the
district or ward equal to not less than 5% nor | 15 |
| more than 8% (or 50 more
than the minimum, whichever is | 16 |
| greater) of the total number of votes cast
at the preceding | 17 |
| general or general municipal election, as the case
may be, for | 18 |
| the county or municipal office voted on throughout such county
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| or municipality for which the greatest total number of votes | 20 |
| were cast for
all candidates, divided by the number of | 21 |
| districts or wards, but in any
event not less than 25 qualified | 22 |
| voters of the district or ward. Each voter
signing a nomination | 23 |
| paper shall add to his signature his place of
residence, and | 24 |
| each voter may subscribe to one nomination for such
office to | 25 |
| be filled, and no more: Provided that the name of any
candidate | 26 |
| whose name may appear in any other place upon the ballot shall
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| not be so added by petition for the same office.
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| The person circulating the petition, or the candidate on | 3 |
| whose behalf
the petition is circulated, may strike any | 4 |
| signature from the petition,
provided that;
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| (1) the person striking the signature shall initial the | 6 |
| petition at
the place where the signature is struck; and
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| (2) the person striking the signature shall sign a | 8 |
| certification
listing the page number and line number of | 9 |
| each signature struck from
the petition. Such | 10 |
| certification shall be filed as a part of the
petition.
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| (3) the persons striking signatures from the petition | 12 |
| shall each
sign an additional certificate specifying the | 13 |
| number of certification
pages listing stricken signatures | 14 |
| which are attached to the petition and
the page numbers | 15 |
| indicated on such certifications. The certificate
shall be | 16 |
| filed as a part of the petition, shall be numbered, and | 17 |
| shall
be attached immediately following the last page of | 18 |
| voters' signatures
and before the certifications of | 19 |
| stricken signatures.
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| (4) all of the foregoing requirements shall be | 21 |
| necessary to effect a
valid striking of any signature. The | 22 |
| provisions of this Section
authorizing the striking of | 23 |
| signatures shall not impose any criminal
liability on any | 24 |
| person so authorized for signatures which may be
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| fraudulent.
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| In the case of the offices of Governor and Lieutenant |
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| Governor a
joint petition including one candidate for each of | 2 |
| those offices must be
filed.
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| A candidate for whom a nomination paper has been filed as a | 4 |
| partisan
candidate at a primary election, and who is defeated | 5 |
| for his or her
nomination at the primary election, is | 6 |
| ineligible to be placed on the
ballot as an independent | 7 |
| candidate for election in that general or
consolidated | 8 |
| election.
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| A candidate seeking election to an office for which | 10 |
| candidates of
political parties are nominated by caucus who is | 11 |
| a participant in the
caucus and who is defeated for his or
her | 12 |
| nomination at such caucus, is ineligible to be listed on the | 13 |
| ballot at
that general or consolidated election as an | 14 |
| independent candidate.
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| (Source: P.A. 95-699, eff. 11-9-07.)
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