Full Text of HB1619 95th General Assembly
HB1619 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1619
Introduced 2/22/2007, by Rep. Elaine Nekritz SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/16-3 |
from Ch. 46, par. 16-3 |
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Amends the Election Code. With respect to electronic voting equipment that uses a ballot sheet, provides that the space for write-in voting may appear (i) below each office on the sheet or (ii) after all ballot questions in the form specified for write-in voting on ballot card envelope flaps (now, below each office on the sheet).
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A BILL FOR
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| 1 |
| 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:
| 4 |
| Section 5. The Election Code is amended by changing Section | 5 |
| 16-3 as follows:
| 6 |
| (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| 7 |
| (Text of Section before amendment by P.A. 94-1090 )
| 8 |
| Sec. 16-3. (a) The names of all candidates to be voted for | 9 |
| in each
election district or precinct shall be printed on one | 10 |
| ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | 11 |
| this Act and except as otherwise
provided in this Act with | 12 |
| respect to the odd year regular elections and
the emergency | 13 |
| referenda; all nominations
of any political party being placed | 14 |
| under the party appellation or title
of such party as | 15 |
| designated in the certificates of nomination or
petitions. The | 16 |
| names of all independent candidates shall be printed upon
the | 17 |
| ballot in a column or columns under the heading "independent"
| 18 |
| arranged under the names or titles of the respective offices | 19 |
| for which
such independent candidates shall have been nominated | 20 |
| and so far as
practicable, the name or names of any independent | 21 |
| candidate or
candidates for any office shall be printed upon | 22 |
| the ballot opposite the
name or names of any candidate or | 23 |
| candidates for the same office
contained in any party column or |
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| 1 |
| columns upon said ballot. The ballot
shall contain no other | 2 |
| names, except that in cases of electors for
President and | 3 |
| Vice-President of the United States, the names of the
| 4 |
| candidates for President and Vice-President may be added to the | 5 |
| party
designation and words calculated to aid the voter in his | 6 |
| choice of candidates
may be added, such as "Vote for one," | 7 |
| "Vote for three." When an electronic
voting system is used | 8 |
| which utilizes a ballot label booklet, the candidates
and | 9 |
| questions shall appear on the pages of such booklet in the | 10 |
| order
provided by this Code; and, in any case where candidates | 11 |
| for an office
appear on a page which does not contain the name | 12 |
| of any candidate for
another office, and where less than 50% of | 13 |
| the page is utilized, the name of
no candidate shall be printed | 14 |
| on the lowest 25% of such page. On the back or
outside of the | 15 |
| ballot, so as to appear when folded, shall be printed the words
| 16 |
| "Official Ballot", followed by the designation of the polling | 17 |
| place for
which the ballot is prepared, the date of the | 18 |
| election and a facsimile
of the signature of the election | 19 |
| authority who has caused the ballots to
be printed. The ballots | 20 |
| shall be of plain white paper, through which the
printing or | 21 |
| writing cannot be read. However, ballots for use at the
| 22 |
| nonpartisan and consolidated elections may be printed on | 23 |
| different color
paper, except blue paper, whenever necessary or | 24 |
| desirable to facilitate
distinguishing between ballots for | 25 |
| different political subdivisions. In
the case of nonpartisan | 26 |
| elections for officers of a political
subdivision, unless the |
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| statute or an ordinance adopted pursuant to
Article VII of the | 2 |
| Constitution providing the form of government
therefor | 3 |
| requires otherwise, the column listing such nonpartisan
| 4 |
| candidates shall be printed with no appellation or circle at | 5 |
| its head.
The party appellation or title, or the word | 6 |
| "independent" at the head of
any column provided for | 7 |
| independent candidates, shall be printed in letters not less | 8 |
| than one-fourth of an inch in height
and a
circle one-half inch | 9 |
| in diameter shall be printed at the beginning of
the line in | 10 |
| which such appellation or title is printed, provided,
however, | 11 |
| that no such circle shall be printed at the head of any column
| 12 |
| or columns provided for such independent candidates. The names | 13 |
| of
candidates shall be printed in letters not less than | 14 |
| one-eighth
nor more than one-fourth of an inch in height, and | 15 |
| at the beginning of
each line in which a name of a candidate is | 16 |
| printed a square shall be
printed, the sides of which shall be | 17 |
| not less than one-fourth of an inch
in length. However, the | 18 |
| names of the candidates for Governor and
Lieutenant Governor on | 19 |
| the same ticket shall be printed within a bracket
and a single | 20 |
| square shall be printed in front of the bracket. The list
of | 21 |
| candidates of the several parties and any such list of | 22 |
| independent
candidates shall be placed in separate columns on | 23 |
| the ballot in such
order as the election authorities charged | 24 |
| with the printing of the
ballots shall decide; provided, that | 25 |
| the names of the candidates of the
several political parties, | 26 |
| certified by the State Board of Elections to
the several county |
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| clerks shall be printed by the county clerk of the
proper | 2 |
| county on the official ballot in the order certified by the | 3 |
| State
Board of Elections. Any county clerk refusing, neglecting | 4 |
| or failing to
print on the official ballot the names of | 5 |
| candidates of the several
political parties in the order | 6 |
| certified by the State Board of
Elections, and any county clerk | 7 |
| who prints or causes to be printed upon
the official ballot the | 8 |
| name of a candidate, for an office to be filled
by the Electors | 9 |
| of the entire State, whose name has not been duly
certified to | 10 |
| him upon a certificate signed by the State Board of
Elections | 11 |
| shall be guilty of a Class C misdemeanor.
| 12 |
| (b) When an electronic voting system is used which utilizes | 13 |
| a ballot
card,
on the inside flap of each ballot card envelope | 14 |
| there shall be printed
a form for write-in voting which shall | 15 |
| be substantially as follows:
| 16 |
| WRITE-IN VOTES
| 17 |
| (See card of instructions for specific information. | 18 |
| Duplicate form below
by hand for additional write-in votes.)
| 19 |
| _____________________________
| 20 |
| Title of Office
| 21 |
| ( ) ____________________________
| 22 |
| Name of Candidate
| 23 |
| (c) When an electronic voting system is used which uses a | 24 |
| ballot sheet,
the
instructions to voters on the ballot sheet | 25 |
| shall refer the voter to the
card of instructions for specific | 26 |
| information on write-in voting. A provision for the casting of |
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| a write-in vote shall be made either (i) below each office | 2 |
| appearing on the ballot sheet or (ii) in the space following | 3 |
| all ballot questions, using the form for write-in voting set | 4 |
| forth in subsection (b).
Below
each office appearing on such | 5 |
| ballot sheet there shall be a provision for
the casting of a | 6 |
| write-in vote.
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| (d) When such electronic system is used, there shall be | 8 |
| printed on the
back of each ballot card, each ballot card | 9 |
| envelope, and
the first page of the ballot label when a ballot | 10 |
| label is used, the
words "Official Ballot," followed by the | 11 |
| number of the
precinct or other precinct identification, which | 12 |
| may be stamped, in lieu
thereof and, as applicable, the number | 13 |
| and name of the township, ward
or other election district for | 14 |
| which the ballot card, ballot card
envelope, and ballot label | 15 |
| are prepared, the date of the election and a
facsimile of the | 16 |
| signature of the election authority who has caused the
ballots | 17 |
| to be printed. The back of the ballot card shall also include
a | 18 |
| method of identifying the ballot configuration such as a | 19 |
| listing of the
political subdivisions and districts for which | 20 |
| votes may be cast on that
ballot, or a number code identifying | 21 |
| the ballot configuration or color coded
ballots, except that | 22 |
| where there is only one ballot configuration in a
precinct, the | 23 |
| precinct identification, and any applicable ward
| 24 |
| identification, shall be sufficient. Ballot card envelopes | 25 |
| used in punch
card systems shall be of paper through which no | 26 |
| writing or punches may be
discerned and shall be of sufficient |
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| length to enclose all voting
positions. However, the election | 2 |
| authority may provide
ballot card envelopes on which no | 3 |
| precinct number or township, ward or
other election district | 4 |
| designation, or election date are preprinted, if
space and a | 5 |
| preprinted form are provided below the space provided for
the | 6 |
| names of write-in candidates where such information may be | 7 |
| entered
by the judges of election. Whenever an election | 8 |
| authority utilizes
ballot card envelopes on which the election | 9 |
| date and precinct is not
preprinted, a judge of election shall | 10 |
| mark such information for the
particular precinct and election | 11 |
| on the envelope in ink before tallying
and counting any | 12 |
| write-in vote written thereon.
If some method of insuring | 13 |
| ballot secrecy other than an envelope is used,
such information | 14 |
| must be provided on the ballot itself.
| 15 |
| (e) In the designation of the name of a candidate on the | 16 |
| ballot, the
candidate's given name or names, initial or | 17 |
| initials, a nickname by
which the candidate is commonly known, | 18 |
| or a combination thereof, may be
used in addition to the | 19 |
| candidate's surname. No other designation such
as a political | 20 |
| slogan, title, or degree or nickname suggesting or
implying | 21 |
| possession of a
title, degree or professional status, or | 22 |
| similar information may be used
in connection with the | 23 |
| candidate's surname, except that the title "Mrs."
may be used | 24 |
| in the case of a married woman.
For purposes of this Section, a | 25 |
| "political slogan" is defined as any
word or words expressing | 26 |
| or connoting a position, opinion, or belief that the
candidate |
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| 1 |
| may espouse, including but not limited to, any word or words
| 2 |
| conveying any meaning other than that of the personal identity | 3 |
| of the
candidate. A
candidate may not use a political slogan as | 4 |
| part of his or her name on the
ballot, notwithstanding that the | 5 |
| political slogan may be part of the
candidate's name.
| 6 |
| (f) The State Board of Elections, a local election | 7 |
| official, or an
election
authority shall remove any candidate's | 8 |
| name designation from a ballot that is
inconsistent with | 9 |
| subsection (e) of this Section. In addition, the State Board
of | 10 |
| Elections, a local election official, or an election authority | 11 |
| shall not
certify to any election authority any candidate name | 12 |
| designation that is
inconsistent with subsection (e) of this | 13 |
| Section.
| 14 |
| (g) If the State Board of Elections, a local election | 15 |
| official, or an
election
authority removes a candidate's name | 16 |
| designation from a ballot under
subsection (f) of this Section, | 17 |
| then the aggrieved candidate may seek
appropriate relief in | 18 |
| circuit court.
| 19 |
| Where voting machines or electronic voting systems are | 20 |
| used, the
provisions of this Section may be modified as | 21 |
| required or authorized by
Article 24 or Article 24A, whichever | 22 |
| is applicable.
| 23 |
| Nothing in this Section shall prohibit election | 24 |
| authorities from using
or reusing ballot card envelopes which | 25 |
| were printed before the effective
date of this amendatory Act | 26 |
| of 1985.
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| 1 |
| (Source: P.A. 92-178, eff. 1-1-02; 93-574, eff. 8-21-03.)
| 2 |
| (Text of Section after amendment by P.A. 94-1090 )
| 3 |
| Sec. 16-3. (a) The names of all candidates to be voted for | 4 |
| in each
election district or precinct shall be printed on one | 5 |
| ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | 6 |
| this Act and except as otherwise
provided in this Act with | 7 |
| respect to the odd year regular elections and
the emergency | 8 |
| referenda; all nominations
of any political party being placed | 9 |
| under the party appellation or title
of such party as | 10 |
| designated in the certificates of nomination or
petitions. The | 11 |
| names of all independent candidates shall be printed upon
the | 12 |
| ballot in a column or columns under the heading "independent"
| 13 |
| arranged under the names or titles of the respective offices | 14 |
| for which
such independent candidates shall have been nominated | 15 |
| and so far as
practicable, the name or names of any independent | 16 |
| candidate or
candidates for any office shall be printed upon | 17 |
| the ballot opposite the
name or names of any candidate or | 18 |
| candidates for the same office
contained in any party column or | 19 |
| columns upon said ballot. The ballot
shall contain no other | 20 |
| names, except that in cases of electors for
President and | 21 |
| Vice-President of the United States, the names of the
| 22 |
| candidates for President and Vice-President may be added to the | 23 |
| party
designation and words calculated to aid the voter in his | 24 |
| choice of candidates
may be added, such as "Vote for one," | 25 |
| "Vote for three." When an electronic
voting system is used |
|
|
|
HB1619 |
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LRB095 08861 JAM 29047 b |
|
| 1 |
| which utilizes a ballot label booklet, the candidates
and | 2 |
| questions shall appear on the pages of such booklet in the | 3 |
| order
provided by this Code; and, in any case where candidates | 4 |
| for an office
appear on a page which does not contain the name | 5 |
| of any candidate for
another office, and where less than 50% of | 6 |
| the page is utilized, the name of
no candidate shall be printed | 7 |
| on the lowest 25% of such page. On the back or
outside of the | 8 |
| ballot, so as to appear when folded, shall be printed the words
| 9 |
| "Official Ballot", followed by the designation of the polling | 10 |
| place for
which the ballot is prepared, the date of the | 11 |
| election and a facsimile
of the signature of the election | 12 |
| authority who has caused the ballots to
be printed. The ballots | 13 |
| shall be of plain white paper, through which the
printing or | 14 |
| writing cannot be read. However, ballots for use at the
| 15 |
| nonpartisan and consolidated elections may be printed on | 16 |
| different color
paper, except blue paper, whenever necessary or | 17 |
| desirable to facilitate
distinguishing between ballots for | 18 |
| different political subdivisions. In
the case of nonpartisan | 19 |
| elections for officers of a political
subdivision, unless the | 20 |
| statute or an ordinance adopted pursuant to
Article VII of the | 21 |
| Constitution providing the form of government
therefor | 22 |
| requires otherwise, the column listing such nonpartisan
| 23 |
| candidates shall be printed with no appellation or circle at | 24 |
| its head.
The party appellation or title, or the word | 25 |
| "independent" at the head of
any column provided for | 26 |
| independent candidates, shall be printed in letters not less |
|
|
|
HB1619 |
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LRB095 08861 JAM 29047 b |
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| 1 |
| than one-fourth of an inch in height
and a
circle one-half inch | 2 |
| in diameter shall be printed at the beginning of
the line in | 3 |
| which such appellation or title is printed, provided,
however, | 4 |
| that no such circle shall be printed at the head of any column
| 5 |
| or columns provided for such independent candidates. The names | 6 |
| of
candidates shall be printed in letters not less than | 7 |
| one-eighth
nor more than one-fourth of an inch in height, and | 8 |
| at the beginning of
each line in which a name of a candidate is | 9 |
| printed a square shall be
printed, the sides of which shall be | 10 |
| not less than one-fourth of an inch
in length. However, the | 11 |
| names of the candidates for Governor and
Lieutenant Governor on | 12 |
| the same ticket shall be printed within a bracket
and a single | 13 |
| square shall be printed in front of the bracket. The list
of | 14 |
| candidates of the several parties and any such list of | 15 |
| independent
candidates shall be placed in separate columns on | 16 |
| the ballot in such
order as the election authorities charged | 17 |
| with the printing of the
ballots shall decide; provided, that | 18 |
| the names of the candidates of the
several political parties, | 19 |
| certified by the State Board of Elections to
the several county | 20 |
| clerks shall be printed by the county clerk of the
proper | 21 |
| county on the official ballot in the order certified by the | 22 |
| State
Board of Elections. Any county clerk refusing, neglecting | 23 |
| or failing to
print on the official ballot the names of | 24 |
| candidates of the several
political parties in the order | 25 |
| certified by the State Board of
Elections, and any county clerk | 26 |
| who prints or causes to be printed upon
the official ballot the |
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|
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| 1 |
| name of a candidate, for an office to be filled
by the Electors | 2 |
| of the entire State, whose name has not been duly
certified to | 3 |
| him upon a certificate signed by the State Board of
Elections | 4 |
| shall be guilty of a Class C misdemeanor.
| 5 |
| (b) When an electronic voting system is used which utilizes | 6 |
| a ballot
card,
on the inside flap of each ballot card envelope | 7 |
| there shall be printed
a form for write-in voting which shall | 8 |
| be substantially as follows:
| 9 |
| WRITE-IN VOTES
| 10 |
| (See card of instructions for specific information. | 11 |
| Duplicate form below
by hand for additional write-in votes.)
| 12 |
| _____________________________
| 13 |
| Title of Office
| 14 |
| ( ) ____________________________
| 15 |
| Name of Candidate
| 16 |
| (c) When an electronic voting system is used which uses a | 17 |
| ballot sheet,
the
instructions to voters on the ballot sheet | 18 |
| shall refer the voter to the
card of instructions for specific | 19 |
| information on write-in voting. A provision for the casting of | 20 |
| a write-in vote shall be made either (i) below each office | 21 |
| appearing on the ballot sheet or (ii) in the space following | 22 |
| all ballot questions, using the form for write-in voting set | 23 |
| forth in subsection (b).
Below
each office appearing on such | 24 |
| ballot sheet there shall be a provision for
the casting of a | 25 |
| write-in vote.
| 26 |
| (d) When such electronic system is used, there shall be |
|
|
|
HB1619 |
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LRB095 08861 JAM 29047 b |
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| 1 |
| printed on the
back of each ballot card, each ballot card | 2 |
| envelope, and
the first page of the ballot label when a ballot | 3 |
| label is used, the
words "Official Ballot," followed by the | 4 |
| number of the
precinct or other precinct identification, which | 5 |
| may be stamped, in lieu
thereof and, as applicable, the number | 6 |
| and name of the township, ward
or other election district for | 7 |
| which the ballot card, ballot card
envelope, and ballot label | 8 |
| are prepared, the date of the election and a
facsimile of the | 9 |
| signature of the election authority who has caused the
ballots | 10 |
| to be printed. The back of the ballot card shall also include
a | 11 |
| method of identifying the ballot configuration such as a | 12 |
| listing of the
political subdivisions and districts for which | 13 |
| votes may be cast on that
ballot, or a number code identifying | 14 |
| the ballot configuration or color coded
ballots, except that | 15 |
| where there is only one ballot configuration in a
precinct, the | 16 |
| precinct identification, and any applicable ward
| 17 |
| identification, shall be sufficient. Ballot card envelopes | 18 |
| used in punch
card systems shall be of paper through which no | 19 |
| writing or punches may be
discerned and shall be of sufficient | 20 |
| length to enclose all voting
positions. However, the election | 21 |
| authority may provide
ballot card envelopes on which no | 22 |
| precinct number or township, ward or
other election district | 23 |
| designation, or election date are preprinted, if
space and a | 24 |
| preprinted form are provided below the space provided for
the | 25 |
| names of write-in candidates where such information may be | 26 |
| entered
by the judges of election. Whenever an election |
|
|
|
HB1619 |
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LRB095 08861 JAM 29047 b |
|
| 1 |
| authority utilizes
ballot card envelopes on which the election | 2 |
| date and precinct is not
preprinted, a judge of election shall | 3 |
| mark such information for the
particular precinct and election | 4 |
| on the envelope in ink before tallying
and counting any | 5 |
| write-in vote written thereon.
If some method of insuring | 6 |
| ballot secrecy other than an envelope is used,
such information | 7 |
| must be provided on the ballot itself.
| 8 |
| (e) In the designation of the name of a candidate on the | 9 |
| ballot, the
candidate's given name or names, initial or | 10 |
| initials, a nickname by
which the candidate is commonly known, | 11 |
| or a combination thereof, may be
used in addition to the | 12 |
| candidate's surname. If a candidate has changed his or her | 13 |
| name, whether by a statutory or common law procedure in | 14 |
| Illinois or any other jurisdiction, within 3 years before the | 15 |
| last day for filing the petition for nomination, nomination | 16 |
| papers, or certificate of nomination for that office, whichever | 17 |
| is applicable, then (i) the candidate's name on the ballot must | 18 |
| be followed by "formerly known as (list all prior names during | 19 |
| the 3-year period) until name changed on (list date of each | 20 |
| such name change)" and (ii) the petition, papers, or | 21 |
| certificate must be accompanied by the candidate's affidavit | 22 |
| stating the candidate's previous names during the period | 23 |
| specified in (i) and the date or dates each of those names was | 24 |
| changed; failure to meet these requirements shall be grounds | 25 |
| for denying certification of the candidate's name for the | 26 |
| ballot or removing the candidate's name from the ballot, as |
|
|
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HB1619 |
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LRB095 08861 JAM 29047 b |
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| 1 |
| appropriate, but these requirements do not apply to name | 2 |
| changes resulting from adoption to assume an adoptive parent's | 3 |
| or parents' surname, marriage to assume a spouse's surname, or | 4 |
| dissolution of marriage or declaration of invalidity of | 5 |
| marriage to assume a former surname. No other designation such
| 6 |
| as a political slogan, title, or degree or nickname suggesting | 7 |
| or
implying possession of a
title, degree or professional | 8 |
| status, or similar information may be used
in connection with | 9 |
| the candidate's surname.
For purposes of this Section, a | 10 |
| "political slogan" is defined as any
word or words expressing | 11 |
| or connoting a position, opinion, or belief that the
candidate | 12 |
| may espouse, including but not limited to, any word or words
| 13 |
| conveying any meaning other than that of the personal identity | 14 |
| of the
candidate. A
candidate may not use a political slogan as | 15 |
| part of his or her name on the
ballot, notwithstanding that the | 16 |
| political slogan may be part of the
candidate's name.
| 17 |
| (f) The State Board of Elections, a local election | 18 |
| official, or an
election
authority shall remove any candidate's | 19 |
| name designation from a ballot that is
inconsistent with | 20 |
| subsection (e) of this Section. In addition, the State Board
of | 21 |
| Elections, a local election official, or an election authority | 22 |
| shall not
certify to any election authority any candidate name | 23 |
| designation that is
inconsistent with subsection (e) of this | 24 |
| Section.
| 25 |
| (g) If the State Board of Elections, a local election | 26 |
| official, or an
election
authority removes a candidate's name |
|
|
|
HB1619 |
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LRB095 08861 JAM 29047 b |
|
| 1 |
| designation from a ballot under
subsection (f) of this Section, | 2 |
| then the aggrieved candidate may seek
appropriate relief in | 3 |
| circuit court.
| 4 |
| Where voting machines or electronic voting systems are | 5 |
| used, the
provisions of this Section may be modified as | 6 |
| required or authorized by
Article 24 or Article 24A, whichever | 7 |
| is applicable.
| 8 |
| Nothing in this Section shall prohibit election | 9 |
| authorities from using
or reusing ballot card envelopes which | 10 |
| were printed before the effective
date of this amendatory Act | 11 |
| of 1985.
| 12 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07.)
| 13 |
| Section 95. No acceleration or delay. Where this Act makes | 14 |
| changes in a statute that is represented in this Act by text | 15 |
| that is not yet or no longer in effect (for example, a Section | 16 |
| represented by multiple versions), the use of that text does | 17 |
| not accelerate or delay the taking effect of (i) the changes | 18 |
| made by this Act or (ii) provisions derived from any other | 19 |
| Public Act.
|
|