Full Text of SB0204 94th General Assembly
SB0204sam003 94TH GENERAL ASSEMBLY
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Sen. Kirk W. Dillard
Filed: 4/11/2005
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| AMENDMENT TO SENATE BILL 204
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| AMENDMENT NO. ______. Amend Senate Bill 204, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 5. The Election Code is amended by changing | 6 |
| Sections 10-5 and 10-9 as follows:
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| (10 ILCS 5/10-5) (from Ch. 46, par. 10-5)
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| Sec. 10-5. All petitions for nomination shall,
besides | 9 |
| containing the names of candidates, specify as to each:
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| 1. The office or offices to which such candidate or | 11 |
| candidates shall
be nominated.
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| 2. The new political party, if any, represented, expressed | 13 |
| in not more than 5
words. However, such party shall not bear | 14 |
| the same name as, nor include
the name of any established | 15 |
| political party as defined in this Article.
This prohibition | 16 |
| does not preclude any established political party from
making | 17 |
| nominations in those cases in which it is authorized to do so.
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| 3. The place of residence of any such candidate or | 19 |
| candidates with
the street and number thereof, if any. In the | 20 |
| case of electors for
President and Vice-President of the United | 21 |
| States, the names of
candidates for President and | 22 |
| Vice-President may be added to the party
name or appellation.
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| Such certificate of nomination or nomination papers in | 24 |
| addition shall
include as a part thereof, the oath required by |
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| Section 7-10.1 of this
Act and must include a statement of | 2 |
| candidacy for each of the candidates named
therein, except | 3 |
| candidates for electors for President and Vice-President
of the | 4 |
| United States. Each such statement shall set out the address of
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| such candidate, the office for which he is a candidate, shall | 6 |
| state that
the candidate is qualified for the office specified | 7 |
| and has filed (or will
file before the close of the petition | 8 |
| filing period) a
statement of economic interests as required by | 9 |
| the Illinois Governmental
Ethics Act, shall state whether | 10 |
| objections to the nomination (if for a municipal, township, | 11 |
| school district, or community college district office) shall be | 12 |
| heard by an appropriate municipal, township, or education | 13 |
| officers electoral board or by the county officers electoral | 14 |
| board, shall request that the candidate's name be placed upon | 15 |
| the
official ballot and shall be subscribed and sworn to by | 16 |
| such candidate
before some officer authorized to take | 17 |
| acknowledgments of deeds in this
State, and may be in | 18 |
| substantially the following form:
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| State of Illinois)
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| ) SS.
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| County of........)
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| I,...., being first duly sworn, say that I reside at.... | 23 |
| street, in
the city (or village) of.... in the county of.... | 24 |
| State of Illinois;
and that I am a qualified voter therein; | 25 |
| that I am a candidate for
election to the office of.... to be | 26 |
| voted upon at the election to be
held on the.... day | 27 |
| of....,.....; and that I am legally qualified
to hold such | 28 |
| office ;
and that I have filed (or will file before the close
of | 29 |
| the petition filing period) a statement of economic
interests | 30 |
| as required by the Illinois Governmental Ethics Act ; if I am a | 31 |
| candidate for a municipal, township, school district, or | 32 |
| community college district office, that objections to my | 33 |
| nomination shall be heard by (indicate 1 or 2) ... (1) the | 34 |
| appropriate municipal, township, or education officers |
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| electoral board or ... (2) the county officers electoral | 2 |
| board; , and that I
hereby request that my name be printed upon | 3 |
| the official ballot for
election to such office.
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| Signed.................
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| Subscribed and sworn to (or affirmed) before me by.... who | 6 |
| is to me
personally known, this.... day of....,......
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| Signed.................
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| (Official Character)
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| (Seal, if officer has one.)
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| In addition, a new political party petition shall have | 11 |
| attached thereto
a certificate stating the names and addresses | 12 |
| of the party officers authorized
to fill vacancies in | 13 |
| nomination pursuant to Section 10-11.
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| Nomination papers filed under this Section are not valid if | 15 |
| the
candidate named therein fails to file a statement of | 16 |
| economic interests
as required by the Illinois Governmental | 17 |
| Ethics Act in relation to his
candidacy with the appropriate | 18 |
| officer by the end of the period for the
filing of nomination | 19 |
| papers unless he has filed a statement of economic
interests in | 20 |
| relation to the same governmental unit with that officer
during | 21 |
| the same calendar year as the year in which such nomination
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| papers were filed. If the nomination papers of any candidate | 23 |
| and the
statement of economic interest of that candidate are | 24 |
| not required to be
filed with the same officer, the candidate | 25 |
| must file with the officer
with whom the nomination papers are | 26 |
| filed a receipt from the officer
with whom the statement of | 27 |
| economic interests is filed showing the date
on which such | 28 |
| statement was filed. Such receipt shall be so filed not
later | 29 |
| than the last day on which nomination papers may be filed.
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| (Source: P.A. 84-551.)
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| (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
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| Sec. 10-9. The following electoral boards are designated | 33 |
| for the
purpose of hearing and passing upon the objector's |
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| petition described in
Section 10-8.
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| 1. The State Board of Elections will hear and pass upon | 3 |
| objections
to the nominations of candidates for State offices,
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| nominations of candidates for congressional, legislative and | 5 |
| judicial
offices of districts or circuits situated in more than | 6 |
| one county, nominations
of candidates for the offices of | 7 |
| State's attorney or regional superintendent
of schools to be | 8 |
| elected from more than one county, and petitions for
proposed | 9 |
| amendments to the Constitution of the State of Illinois as
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| provided for in Section 3 of Article XIV of the Constitution.
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| 2. The county officers electoral board to hear and pass | 12 |
| upon
objections to the nominations of candidates for county | 13 |
| offices,
for congressional, legislative and judicial offices | 14 |
| of a district or
circuit coterminous with or less than a | 15 |
| county, for school trustees to be
voted for by the electors of | 16 |
| the county or by the electors of a township of
the county, for | 17 |
| the office of multi-township assessor where candidates for
such | 18 |
| office are nominated in accordance with this Code, and for all | 19 |
| special
district offices, shall be composed of the county | 20 |
| clerk, or an assistant
designated by the county clerk, the | 21 |
| State's attorney of the county or
an Assistant State's Attorney | 22 |
| designated by the State's Attorney, and the
clerk of the | 23 |
| circuit court, or an assistant designated by the clerk of
the | 24 |
| circuit court, of the county, of whom the county clerk or his | 25 |
| designee
shall be the chairman, except that in any county which | 26 |
| has established a
county board of election commissioners that | 27 |
| board
shall constitute the county officers electoral board | 28 |
| ex-officio. The county officers electoral board shall also hear | 29 |
| and pass upon objector's petitions to the nomination of a | 30 |
| candidate for municipal, township, school district, or | 31 |
| community college district office if the candidate so indicated | 32 |
| in his or her statement of candidacy.
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| 3. Except as provided in paragraph 2, the
The municipal | 34 |
| officers electoral board to hear and pass upon
objections to |
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| the nominations of candidates for officers of
municipalities | 2 |
| shall be composed of the mayor or president of the board
of | 3 |
| trustees of the city, village or incorporated town, and the | 4 |
| city,
village or incorporated town clerk, and one member of the | 5 |
| city council
or board of trustees, that member being designated | 6 |
| who is eligible to
serve on the electoral board and has served | 7 |
| the
greatest number of years as a member of the city council or | 8 |
| board of
trustees, of whom the mayor or president of the board | 9 |
| of trustees shall
be the chairman.
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| 4. Except as provided in paragraph 2, the
The township | 11 |
| officers electoral board to pass upon objections to
the | 12 |
| nominations of township officers shall be composed of the | 13 |
| township
supervisor, the town clerk, and that eligible town | 14 |
| trustee elected in the
township who has had the longest term of | 15 |
| continuous service as town
trustee, of whom the township | 16 |
| supervisor shall be the chairman.
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| 5. Except as provided in paragraph 2, the
The education | 18 |
| officers electoral board to hear and pass upon
objections to | 19 |
| the nominations of candidates for offices in school or
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| community college districts shall be composed of the presiding | 21 |
| officer of
the school or community college district board, who | 22 |
| shall be the chairman,
the secretary of the school or community | 23 |
| college district board and the
eligible elected school or | 24 |
| community college board member who has the
longest term of | 25 |
| continuous service as a board member.
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| 6. In all cases, however, where the Congressional or | 27 |
| Legislative
district is wholly within the jurisdiction of a | 28 |
| board of election
commissioners and in all cases where the | 29 |
| school district or special
district is wholly within the | 30 |
| jurisdiction of a municipal board of
election commissioners and | 31 |
| in all cases where the municipality or
township is wholly or | 32 |
| partially within the jurisdiction of a municipal
board of | 33 |
| election commissioners, the board of election commissioners
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| shall ex-officio constitute the electoral board.
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| For special districts situated in more than one county, the | 2 |
| county officers
electoral board of the county in which the | 3 |
| principal office of the district
is located has jurisdiction to | 4 |
| hear and pass upon objections. For purposes
of this Section, | 5 |
| "special districts" means all political subdivisions other
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| than counties, municipalities, townships and school and | 7 |
| community college
districts.
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| In the event that any member of the appropriate board is a | 9 |
| candidate
for the office with relation to which the objector's | 10 |
| petition is filed,
he shall not be eligible to serve on that | 11 |
| board and shall not act as
a member of the board and his place | 12 |
| shall be filled as follows:
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| a. In the county officers electoral board by the county
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| treasurer, and if he or she is ineligible to serve, by the | 15 |
| sheriff of the
county.
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| b. In the municipal officers electoral board by the | 17 |
| eligible
elected city council or board of trustees member | 18 |
| who has served the second
greatest number of years as a | 19 |
| city council or board of trustees member.
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| c. In the township officers electoral board by the | 21 |
| eligible
elected town trustee who has had the second | 22 |
| longest term of continuous service
as a town trustee.
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| d. In the education officers electoral board by the | 24 |
| eligible
elected school or community college district | 25 |
| board member who has had the
second longest term of | 26 |
| continuous service as a board member.
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| In the event that the chairman of the electoral board is | 28 |
| ineligible
to act because of the fact that he is a candidate | 29 |
| for the office with
relation to which the objector's petition | 30 |
| is filed, then the substitute
chosen under the provisions of | 31 |
| this Section shall be the chairman; In
this case, the officer | 32 |
| or board with whom the objector's petition is
filed, shall | 33 |
| transmit the certificate of nomination or nomination papers
as | 34 |
| the case may be, and the objector's petition to the substitute
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| chairman of the electoral board.
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| When 2 or more eligible individuals, by reason of their | 3 |
| terms of service
on a city council or board of trustees, | 4 |
| township board of
trustees, or school or community college | 5 |
| district board, qualify to serve
on an electoral board, the one | 6 |
| to serve shall be chosen by lot.
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| Any vacancies on an electoral board not otherwise filled | 8 |
| pursuant to this
Section shall be filled by public members | 9 |
| appointed by the Chief Judge of
the Circuit Court for the | 10 |
| county wherein the electoral board hearing is
being held upon | 11 |
| notification to the Chief Judge of such
vacancies. The Chief | 12 |
| Judge shall be so notified by a member of the electoral
board | 13 |
| or the officer or board with whom the objector's petition was | 14 |
| filed.
In the event that none of the individuals designated by | 15 |
| this Section to
serve on the electoral board are eligible, the | 16 |
| chairman of an electoral
board shall be designated by the Chief | 17 |
| Judge.
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| (Source: P.A. 87-570 .)".
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