Full Text of SB3012 96th General Assembly
SB3012 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 SB3012
Introduced 2/4/2010, by Sen. M. Maggie Crotty SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-11 |
from Ch. 46, par. 7-11 |
10 ILCS 5/7-12 |
from Ch. 46, par. 7-12 |
10 ILCS 5/7-13 |
from Ch. 46, par. 7-13 |
10 ILCS 5/8-9 |
from Ch. 46, par. 8-9 |
10 ILCS 5/10-6 |
from Ch. 46, par. 10-6 |
10 ILCS 5/10-10.1 |
from Ch. 46, par. 10-10.1 |
10 ILCS 5/28-2 |
from Ch. 46, par. 28-2 |
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Amends the Election Code. Requires that nomination petitions be filed not more than 106 days and not less than 102 days before a primary election or consolidated election (now, not more than 99 days and not less than 92 days before a general primary election and not more than 78 days and not less than 71 days before a consolidated primary election or consolidated election). Requires that certain public question petitions be filed not less than 106 (now, 78) days before a regular election in 2011 or thereafter. Permits the seeking of judicial review of a petition objection decision, with respect to elections in 2011 and thereafter, within 5 (now, 10) days after the decision. Effective immediately.
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A BILL FOR
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SB3012 |
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LRB096 19629 JAM 35025 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-11, 7-12, 7-13, 8-9, 10-6, 10-10.1, and 28-2 as | 6 |
| follows:
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| (10 ILCS 5/7-11) (from Ch. 46, par. 7-11)
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| Sec. 7-11.
Any candidate for President of the United States | 9 |
| may have his name
printed upon the primary ballot of his | 10 |
| political party by filing in the
office of the State Board of | 11 |
| Elections not more than 106 99 and not less
than 102 92 days | 12 |
| prior to the date of the general primary, in any year in which | 13 |
| a
Presidential election is to be held, a petition signed by not | 14 |
| less than
3000 or more than 5000 primary electors, members of | 15 |
| and affiliated with the
party of which he is a candidate, and | 16 |
| no candidate for President of the
United States, who fails to | 17 |
| comply with the provisions of this Article
shall have his name | 18 |
| printed upon any primary ballot: Provided, however,
that if the | 19 |
| rules or policies of a national political
party conflict with | 20 |
| such requirements for filing petitions for President of
the | 21 |
| United States in a presidential preference primary, the | 22 |
| Chairman of the
State central committee of such national | 23 |
| political party shall notify the
State Board of Elections in |
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| writing, citing by reference the rules or
policies of the | 2 |
| national political party in conflict, and in such case the
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| Board shall direct such petitions to be filed not more than 69 | 4 |
| and not less
than 62 days prior to the date of the general | 5 |
| primary, in any year in which
a Presidential election is to be | 6 |
| held. Provided, further, unless rules
or policies of a national | 7 |
| political party otherwise provide, the
vote for President of | 8 |
| the United States, as herein provided for, shall be
for the | 9 |
| sole purpose of securing an expression of the sentiment and | 10 |
| will of
the party voters with respect to candidates for | 11 |
| nomination for said office,
and the vote of the state at large | 12 |
| shall be taken and considered as
advisory to the delegates and | 13 |
| alternates at large to the national
conventions of respective | 14 |
| political parties; and the vote of the respective
congressional | 15 |
| districts shall be taken and considered as advisory to the
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| delegates and alternates of said congressional districts to the | 17 |
| national
conventions of the respective political parties.
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| (Source: P.A. 86-873; 86-1089.)
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| (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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| Sec. 7-12.
All petitions for nomination shall be filed by | 21 |
| mail or
in person as follows:
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| (1) Where the nomination is to be made for a State, | 23 |
| congressional, or
judicial office, or for any office a | 24 |
| nomination for which is made for a
territorial division or | 25 |
| district which comprises more than one county or
is partly in |
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| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for | 3 |
| nomination
shall be filed in the principal office of the State | 4 |
| Board of Elections not
more than 106 99 and not less than 102 | 5 |
| 92 days prior to the date of the primary,
but, in the case of | 6 |
| petitions for nomination to fill a vacancy by special
election | 7 |
| in the office of representative in Congress from this State, | 8 |
| such
petition for nomination shall be filed in the principal | 9 |
| office of the State
Board of Elections not more than 57 days | 10 |
| and not less than 50 days prior to
the date of the primary.
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| Where a vacancy occurs in the office of Supreme, Appellate | 12 |
| or Circuit
Court Judge within the 3-week period preceding the | 13 |
| 102nd 92nd day before a
general primary election, petitions for | 14 |
| nomination for the office in which
the vacancy has occurred | 15 |
| shall be filed in the principal office of the
State Board of | 16 |
| Elections not more than 85 78 nor less than 81 71 days prior to
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| the date of the general primary election.
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| Where the nomination is to be made for delegates or | 19 |
| alternate
delegates to a national nominating convention, then | 20 |
| such petition for
nomination shall be filed in the principal | 21 |
| office of the State Board of
Elections not more than 106 99 and | 22 |
| not less than 102 92 days prior to the date of
the primary; | 23 |
| provided, however, that if the rules or policies of a national
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| political party conflict with such requirements for filing | 25 |
| petitions for
nomination for delegates or alternate delegates | 26 |
| to a national nominating
convention, the chairman of the State |
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| central committee of such national
political party shall notify | 2 |
| the Board in writing, citing by reference the
rules or policies | 3 |
| of the national political party in conflict, and in such
case | 4 |
| the Board shall direct such petitions to be filed not more than | 5 |
| 69 and
not less than 62 days prior to the date of the primary.
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| (2) Where the nomination is to be made for a county office | 7 |
| or trustee
of a sanitary district then such petition shall be | 8 |
| filed in the office
of the county clerk not more than 106 99 | 9 |
| nor less than 102 92 days prior to the
date of the primary.
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| (3) Where the nomination is to be made for a municipal or | 11 |
| township
office, such petitions for nomination shall be filed | 12 |
| in the office of
the local election official, not more than 106 | 13 |
| 78 nor less than 102 71 days
prior to the date of the primary; | 14 |
| provided, where a municipality's or
township's boundaries are | 15 |
| coextensive with or are entirely within the
jurisdiction of a | 16 |
| municipal board of election commissioners, the petitions
shall | 17 |
| be filed in the office of such board; and provided, that | 18 |
| petitions
for the office of multi-township assessor shall be | 19 |
| filed with the election
authority.
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| (4) The petitions of candidates for State central | 21 |
| committeeman shall
be filed in the principal office of the | 22 |
| State Board of Elections not
more than 106 99 nor less than 102 | 23 |
| 92 days prior to the date of the primary.
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| (5) Petitions of candidates for precinct, township or ward
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| committeemen shall be filed in the office of the county clerk | 26 |
| not more
than 106 99 nor less than 102 92 days prior to the date |
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| of the primary.
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| (6) The State Board of Elections and the various election | 3 |
| authorities
and local election officials with whom such | 4 |
| petitions for nominations
are filed shall specify the place | 5 |
| where filings shall be made and upon
receipt shall endorse | 6 |
| thereon the day and hour on which each petition
was filed. All | 7 |
| petitions filed by persons waiting in line as of 8:00
a.m. on | 8 |
| the first day for filing, or as of the normal opening hour of
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| the office involved on such day, shall be deemed filed as of | 10 |
| 8:00 a.m.
or the normal opening hour, as the case may be. | 11 |
| Petitions filed by mail
and received after midnight of the | 12 |
| first day for filing and in the first
mail delivery or pickup | 13 |
| of that day shall be deemed as filed as of 8:00
a.m. of that day | 14 |
| or as of the normal opening hour of such day, as the
case may | 15 |
| be. All petitions received thereafter shall be deemed as filed
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| in the order of actual receipt. Where 2 or more petitions are | 17 |
| received
simultaneously, the State Board of Elections or the | 18 |
| various election
authorities or local election officials with | 19 |
| whom such petitions are
filed shall break ties and determine | 20 |
| the order of filing, by means of a
lottery or other fair and | 21 |
| impartial method of random selection approved
by the State | 22 |
| Board of Elections. Such lottery shall be conducted within
9 | 23 |
| days following the last day for petition filing and shall be | 24 |
| open to the
public. Seven days written notice of the time and | 25 |
| place of conducting such
random selection shall be given by the | 26 |
| State Board of Elections to the
chairman of the State central |
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| committee of each established political
party, and by each | 2 |
| election authority or local election official, to the
County | 3 |
| Chairman of each established political party, and to each
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| organization of citizens within the election jurisdiction | 5 |
| which was
entitled, under this Article, at the next preceding | 6 |
| election, to have
pollwatchers present on the day of election. | 7 |
| The State Board of Elections,
election authority or local | 8 |
| election official shall post in a conspicuous,
open and public | 9 |
| place, at the entrance of the office, notice of the time
and | 10 |
| place of such lottery. The State Board of Elections shall adopt | 11 |
| rules
and regulations governing the procedures for the conduct | 12 |
| of such lottery.
All candidates shall be certified in the order | 13 |
| in which their petitions
have been filed. Where candidates have | 14 |
| filed simultaneously, they shall be
certified in the order | 15 |
| determined by lot and prior to candidates who filed
for the | 16 |
| same office at a later time.
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| (7) The State Board of Elections or the appropriate | 18 |
| election
authority or local election official with whom such a | 19 |
| petition for
nomination is filed shall notify the person for | 20 |
| whom a petition for
nomination has been filed of the obligation | 21 |
| to file statements of
organization, reports of campaign | 22 |
| contributions, and annual reports of
campaign contributions | 23 |
| and expenditures under Article 9 of this Act.
Such notice shall | 24 |
| be given in the manner prescribed by paragraph (7) of
Section | 25 |
| 9-16 of this Code.
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| (8) Nomination papers filed under this Section are not |
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| valid if the
candidate named therein fails to file a statement | 2 |
| of economic interests
as required by the Illinois Governmental | 3 |
| Ethics Act in relation to his
candidacy with the appropriate | 4 |
| officer by the end of the period for the
filing of nomination | 5 |
| papers unless he has filed a statement of economic
interests in | 6 |
| relation to the same governmental unit with that officer
within | 7 |
| a year preceding the date on which such nomination papers were
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| filed. If the nomination papers of any candidate and the | 9 |
| statement of
economic interest of that candidate are not | 10 |
| required to be filed with
the same officer, the candidate must | 11 |
| file with the officer with whom the
nomination papers are filed | 12 |
| a receipt from the officer with whom the
statement of economic | 13 |
| interests is filed showing the date on which such
statement was | 14 |
| filed. Such receipt shall be so filed not later than the
last | 15 |
| day on which nomination papers may be filed.
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| (9) Any person for whom a petition for nomination, or for | 17 |
| committeeman or
for delegate or alternate delegate to a | 18 |
| national nominating convention has
been filed may cause his | 19 |
| name to be withdrawn by request in writing, signed
by him and | 20 |
| duly acknowledged before an officer qualified to take
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| acknowledgments of deeds, and filed in the principal or | 22 |
| permanent branch
office of the State Board of Elections or with | 23 |
| the appropriate election
authority or local election official, | 24 |
| not later than the date of
certification of candidates for the | 25 |
| consolidated primary or general primary
ballot. No names so | 26 |
| withdrawn shall be certified or printed on the
primary ballot. |
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| If petitions for nomination have been filed for the
same person | 2 |
| with respect to more than one political party, his name
shall | 3 |
| not be certified nor printed on the primary ballot of any | 4 |
| party.
If petitions for nomination have been filed for the same | 5 |
| person for 2 or
more offices which are incompatible so that the | 6 |
| same person could not
serve in more than one of such offices if | 7 |
| elected, that person must
withdraw as a candidate for all but | 8 |
| one of such offices within the
5 business days following the | 9 |
| last day for petition filing. If he fails to
withdraw as a | 10 |
| candidate for all but one of such offices within such time
his | 11 |
| name shall not be certified, nor printed on the primary ballot, | 12 |
| for any
office. For the purpose of the foregoing provisions, an | 13 |
| office in a
political party is not incompatible with any other | 14 |
| office.
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| (10) (a) Notwithstanding the provisions of any other | 16 |
| statute, no primary
shall be held for an established | 17 |
| political party in any township,
municipality, or ward | 18 |
| thereof, where the nomination of such
party for every | 19 |
| office to be voted upon by the electors of such
township, | 20 |
| municipality, or ward thereof, is uncontested. Whenever a
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| political party's nomination of candidates is uncontested | 22 |
| as to one or
more, but not all, of the offices to be voted | 23 |
| upon by the electors of a
township, municipality, or ward | 24 |
| thereof, then a primary shall
be held for that party in | 25 |
| such township, municipality, or ward thereof;
provided | 26 |
| that the primary ballot shall not include those offices
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| within such township, municipality, or ward thereof, for | 2 |
| which the
nomination is uncontested. For purposes of this | 3 |
| Article, the nomination
of an established political party | 4 |
| of a candidate for election to an office
shall be deemed to | 5 |
| be uncontested where not more than the number of persons
to | 6 |
| be nominated have timely filed valid nomination papers | 7 |
| seeking the
nomination of such party for election to such | 8 |
| office.
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| (b) Notwithstanding the provisions of any other | 10 |
| statute, no primary
election shall be held for an | 11 |
| established political party for any special
primary | 12 |
| election called for the purpose of filling a vacancy in the | 13 |
| office
of representative in the United States Congress | 14 |
| where the nomination of
such political party for said | 15 |
| office is uncontested. For the purposes of
this Article, | 16 |
| the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be | 18 |
| uncontested
where not more than the number of persons to be | 19 |
| nominated have timely filed
valid nomination papers | 20 |
| seeking the nomination of such established party
for | 21 |
| election to said office. This subsection (b) shall not | 22 |
| apply if such
primary election is conducted on a regularly | 23 |
| scheduled election day.
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| (c) Notwithstanding the provisions in subparagraph (a) | 25 |
| and (b) of this
paragraph (10), whenever a person who has | 26 |
| not timely filed valid nomination
papers and who intends to |
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| become a write-in candidate for a political
party's | 2 |
| nomination for any office for which the nomination is | 3 |
| uncontested
files a written statement or notice of that | 4 |
| intent with the State Board of
Elections or the local | 5 |
| election official with whom nomination papers for
such | 6 |
| office are filed, a primary ballot shall be prepared and a | 7 |
| primary
shall be held for that office. Such statement or | 8 |
| notice shall be filed on
or before the date established in | 9 |
| this Article for certifying candidates
for the primary | 10 |
| ballot. Such statement or notice shall contain (i) the
name | 11 |
| and address of the person intending to become a write-in | 12 |
| candidate,
(ii) a statement that the person is a qualified | 13 |
| primary elector of the
political party from whom the | 14 |
| nomination is sought, (iii) a statement that
the person | 15 |
| intends to become a write-in candidate for the party's
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| nomination, and (iv) the office the person is seeking as a | 17 |
| write-in
candidate. An election authority shall have no | 18 |
| duty to conduct a primary
and prepare a primary ballot for | 19 |
| any office for which the nomination is
uncontested unless a | 20 |
| statement or notice meeting the requirements of this
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| Section is filed in a timely manner.
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| (11) If multiple sets of nomination papers are filed for a | 23 |
| candidate to
the same office, the State Board of Elections, | 24 |
| appropriate election
authority or local election official | 25 |
| where the petitions are filed shall
within 2 business days | 26 |
| notify the candidate of his or her multiple petition
filings |
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| and that the candidate has 3 business days after receipt of the
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| notice to notify the State Board of Elections, appropriate | 3 |
| election
authority or local election official that he or she | 4 |
| may cancel prior sets
of petitions. If the candidate notifies | 5 |
| the State Board of Elections,
appropriate election authority or | 6 |
| local election official, the last set of
petitions filed shall | 7 |
| be the only petitions to be considered valid by the
State Board | 8 |
| of Elections, election authority or local election official. If
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| the candidate fails to notify the State Board of Elections, | 10 |
| election authority
or local
election official then only the | 11 |
| first set of petitions filed shall be valid
and all subsequent | 12 |
| petitions shall be void.
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| (12) All nominating petitions shall be available for public | 14 |
| inspection
and shall be preserved for a period of not less than | 15 |
| 6 months.
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| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | 17 |
| 87-1052.)
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| (10 ILCS 5/7-13) (from Ch. 46, par. 7-13)
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| Sec. 7-13.
The board of election commissioners in cities of | 20 |
| 500,000 or more
population having such board, shall constitute | 21 |
| an electoral board for the
hearing and passing upon objections | 22 |
| to nomination petitions for ward
committeemen.
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| Such objections shall be filed in the office of the county | 24 |
| clerk not
less than 91 81 days prior to the primary. The | 25 |
| objection shall state the name
and address of the objector, who |
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| may be any qualified elector in the ward,
the specific grounds | 2 |
| of objection and the relief requested of the electoral
board. | 3 |
| Upon the receipt of the objection, the county clerk shall | 4 |
| forthwith
transmit such objection and the petition of the | 5 |
| candidate to the board of
election commissioners. The board of | 6 |
| election commissioners shall forthwith
notify the objector and | 7 |
| candidate objected to of the time and place for
hearing hereon. | 8 |
| After a hearing upon the validity of such objections, the
board | 9 |
| shall, not less than 84 74 days prior to the date of the | 10 |
| primary,
certify to the county clerk, its decision stating | 11 |
| whether or not the name
of the candidate shall be printed on | 12 |
| the ballot and the county clerk in his
or her certificate to | 13 |
| the board of election commissioners shall leave off
of the | 14 |
| certificate the name of the candidate for ward committeeman | 15 |
| that the
election commissioners order not to be printed on the | 16 |
| ballot. However, the
decision of the board of election | 17 |
| commissioners is subject to judicial
review as provided in | 18 |
| Section 10-10.1.
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| The county electoral board composed as provided in Section | 20 |
| 10-9 shall
constitute an electoral board for the hearing and | 21 |
| passing upon objections
to nomination petitions for precinct | 22 |
| and township committeemen. Such
objections shall be filed in | 23 |
| the office of the county clerk not less than
91 81 days prior | 24 |
| to the primary. The objection shall state the name and
address | 25 |
| of the objector who may be any qualified elector in the | 26 |
| precinct or
in the township or part of a township that lies |
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| outside of a city having a
population of 500,000 or more, the | 2 |
| specific grounds of objection and the
relief requested of the | 3 |
| electoral board. Upon the receipt of the objection
the county | 4 |
| clerk shall forthwith transmit such objection and the petition
| 5 |
| of the candidate to the chairman of the county electoral board. | 6 |
| The
chairman of the county electoral board shall forthwith | 7 |
| notify the objector,
the candidate whose petition is objected | 8 |
| to and the other members of the
electoral board of the time and | 9 |
| place for hearing thereon. After hearing
upon the validity of | 10 |
| such objections the board shall, not less than 84 74 days
prior | 11 |
| to the date of the primary, certify its decision to the county | 12 |
| clerk
stating whether or not the name of the candidate shall be | 13 |
| printed on the
ballot, and the county clerk, in his or her | 14 |
| certificate to the board of
election commissioners, shall leave | 15 |
| off of the certificate the name of the
candidate ordered by the | 16 |
| board not to be printed on the ballot, and the
county clerk | 17 |
| shall also refrain from printing on the official primary
| 18 |
| ballot, the name of any candidate whose name has been ordered | 19 |
| by the
electoral board not to be printed on the ballot. | 20 |
| However, the decision of
the board is subject to judicial | 21 |
| review as provided in Section 10-10.1.
| 22 |
| In such proceedings the electoral boards have the same | 23 |
| powers as other
electoral boards under the provisions of | 24 |
| Section 10-10 of this Act and
their decisions are subject to | 25 |
| judicial review under Section 10-10.1.
| 26 |
| (Source: P.A. 84-1308.)
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| (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
| 2 |
| Sec. 8-9.
All petitions for nomination shall be filed by | 3 |
| mail or in
person as follows:
| 4 |
| (1) Where the nomination is made for a legislative office, | 5 |
| such
petition for nomination shall be filed in the principal | 6 |
| office of the
State Board of Elections not more than 106 99 and | 7 |
| not less than 102 92 days
prior to the date of the primary.
| 8 |
| (2) The State Board of Elections shall, upon receipt of | 9 |
| each
petition, endorse thereon the day and hour on which it was | 10 |
| filed.
Petitions filed by mail and received after midnight on | 11 |
| the first day for
filing and in the first mail delivery or | 12 |
| pickup of that day, shall be deemed
as filed as of 8:00 a.m. of | 13 |
| that day or as of the normal opening hour of
such day as the | 14 |
| case may be, and all petitions received thereafter shall be
| 15 |
| deemed as filed in the order of actual receipt. Where 2 or more | 16 |
| petitions
are received simultaneously, the State Board of | 17 |
| Elections shall break ties
and determine the order of filing, | 18 |
| by means of a lottery as provided in
Section 7-12 of this Code.
| 19 |
| (3) Any person for whom a petition for nomination has been | 20 |
| filed,
may cause his name to be withdrawn by a request in | 21 |
| writing, signed by
him, duly acknowledged before an officer | 22 |
| qualified to take
acknowledgments of deeds, and filed in the | 23 |
| principal or permanent branch
office of the State Board of | 24 |
| Elections not later than the date of
certification of | 25 |
| candidates for the general primary ballot, and no names so
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| withdrawn shall be certified by the State Board
of Elections to | 2 |
| the county clerk, or printed on the primary ballot. If
| 3 |
| petitions for nomination have been filed for the same person | 4 |
| with
respect to more than one political party, his name shall | 5 |
| not be
certified nor printed on the primary ballot of any | 6 |
| party. If petitions
for nomination have been filed for the same | 7 |
| person for 2 or more offices
which are incompatible so that the | 8 |
| same person could not serve in more
than one of such offices if | 9 |
| elected, that person must withdraw as a
candidate for all but | 10 |
| one of such offices within the 5 business days following
the | 11 |
| last day for petition filing. If he fails to withdraw as a | 12 |
| candidate for
all but one of such offices within such time, his | 13 |
| name shall not be
certified, nor printed on the primary ballot, | 14 |
| for any office. For the
purpose of the foregoing provisions, an | 15 |
| office in a political party is
not incompatible with any other | 16 |
| office.
| 17 |
| (4) If multiple sets of nomination papers are filed for a | 18 |
| candidate to
the same office, the State Board of Elections | 19 |
| shall within 2 business days
notify the candidate of his or her | 20 |
| multiple petition filings and that the
candidate has 3 business | 21 |
| days after receipt of the notice to notify the
State Board of | 22 |
| Elections that he or she may cancel prior sets of petitions.
If | 23 |
| the candidate notifies the State Board of Elections the last | 24 |
| set of
petitions filed shall be the only petitions to be | 25 |
| considered valid by the State
Board of Elections. If the | 26 |
| candidate fails to notify the State Board then
only the first |
|
|
|
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LRB096 19629 JAM 35025 b |
|
| 1 |
| set of petitions filed shall be valid and all subsequent
| 2 |
| petitions shall be void.
| 3 |
| (Source: P.A. 86-875; 87-1052.)
| 4 |
| (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 5 |
| Sec. 10-6. Time and manner of filing. Certificates
of
| 6 |
| nomination and nomination papers for the nomination of | 7 |
| candidates for
offices to be filled by electors of the entire | 8 |
| State, or any district
not entirely within a county, or for | 9 |
| congressional, state legislative or
judicial offices, shall be | 10 |
| presented to the principal office of the
State Board of | 11 |
| Elections not more than 141 nor less than 134
days previous
to | 12 |
| the day of election for which the candidates are nominated. The
| 13 |
| State Board of Elections shall endorse the certificates of | 14 |
| nomination or
nomination papers, as the case may be, and the | 15 |
| date and hour of
presentment to it. Except as otherwise | 16 |
| provided in this section, all
other certificates for the | 17 |
| nomination of candidates shall be filed with
the county clerk | 18 |
| of the respective counties not more than 141 but at
least 134 | 19 |
| days previous to the day of such election. Certificates
of
| 20 |
| nomination and nomination papers for the nomination of | 21 |
| candidates for
the offices of political subdivisions to be | 22 |
| filled at regular elections
other than the general election | 23 |
| shall be filed with the local election
official of such | 24 |
| subdivision:
| 25 |
| (1) (Blank);
|
|
|
|
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|
| 1 |
| (2) not more than 106 78 nor less than 102 71 days | 2 |
| prior to the
consolidated
election; or
| 3 |
| (3) not more than 106 78 nor less than 102 71 days | 4 |
| prior to the general
primary in the case of municipal | 5 |
| offices to be filled at the general
primary election; or
| 6 |
| (4) not more than 106 78 nor less than 102 71 days | 7 |
| before the
consolidated
primary in the case of municipal | 8 |
| offices to be elected on a nonpartisan
basis pursuant to | 9 |
| law (including without limitation, those municipal
offices | 10 |
| subject to Articles 4 and 5 of the Municipal Code); or
| 11 |
| (5) not more than 106 78 nor less than 102 71 days | 12 |
| before the municipal
primary in even numbered years for | 13 |
| such nonpartisan municipal offices
where annual elections | 14 |
| are provided; or
| 15 |
| (6) in the case of petitions for the office of | 16 |
| multi-township assessor,
such petitions shall be filed | 17 |
| with the election authority not more than
106 78 nor less | 18 |
| than 102 71 days before the consolidated election.
| 19 |
| However, where a political subdivision's boundaries are | 20 |
| co-extensive
with or are entirely within the jurisdiction of a | 21 |
| municipal board of
election commissioners, the certificates of | 22 |
| nomination and nomination
papers for candidates for such | 23 |
| political subdivision offices shall be filed
in the office of | 24 |
| such Board.
| 25 |
| (Source: P.A. 95-699, eff. 11-9-07.)
|
|
|
|
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|
| 1 |
| (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1)
| 2 |
| Sec. 10-10.1.
Except as otherwise provided in this Section, | 3 |
| a
candidate or objector aggrieved by the decision of an
| 4 |
| electoral board may secure judicial review of such decision in | 5 |
| the circuit
court of the county in which the hearing of the | 6 |
| electoral board was held.
The party seeking judicial review | 7 |
| must file a petition with the clerk of
the court within 10 days | 8 |
| after the decision of the electoral board or, with respect to | 9 |
| elections in 2011 and thereafter, within 5 days after the | 10 |
| decision of the electoral board . The
petition shall contain a | 11 |
| brief statement of the reasons why the decision of
the board | 12 |
| should be reversed. The petitioner shall serve a copy of the
| 13 |
| petition upon the electoral board and other parties to the | 14 |
| proceeding by
registered or certified mail and shall file proof | 15 |
| of service with the clerk
of the court. No answer to the | 16 |
| petition need be filed, but any answer must
be filed within 10 | 17 |
| days after the filing of the petition.
| 18 |
| The court shall set the matter for hearing to be held | 19 |
| within 30 days
after the filing of the petition and shall make | 20 |
| its decision promptly after
such hearing.
| 21 |
| An objector or proponent aggrieved by the decision of an | 22 |
| electoral board
regarding a petition filed pursuant to Section | 23 |
| 18-120 of the Property Tax
Code
may secure a review of such | 24 |
| decision by the State Board of Elections. The
party seeking | 25 |
| such review must file a petition therefor with the State Board | 26 |
| of
Elections within 10 days after the decision of the electoral |
|
|
|
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| 1 |
| board. Any such
objector or proponent may apply for and obtain | 2 |
| judicial review of a decision of
the State Board of Elections | 3 |
| entered under this amendatory Act of 1985, in
accordance with | 4 |
| the provisions of the Administrative Review Law, as amended.
| 5 |
| (Source: P.A. 88-670, eff. 12-2-94.)
| 6 |
| (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
| 7 |
| Sec. 28-2. (a) Except as otherwise provided in this | 8 |
| Section, petitions
for the submission of public questions to | 9 |
| referendum must be filed with the
appropriate officer or board | 10 |
| not less than 78 days prior to a regular
election or, with | 11 |
| respect to elections in 2011 and thereafter, not less than 106 | 12 |
| days prior to a regular election to be eligible for submission | 13 |
| on the ballot at such election; and
petitions for the | 14 |
| submission of a question under Section 18-120 of the
Property | 15 |
| Tax Code must be filed with the appropriate officer or board | 16 |
| not more
than 10 months nor less than 6 months prior to the | 17 |
| election at which such
question is to be submitted to the | 18 |
| voters.
| 19 |
| (b) However, petitions for the submission of a public | 20 |
| question to
referendum which proposes the creation or formation | 21 |
| of a political
subdivision must be filed with the appropriate | 22 |
| officer or board not less
than 108 days prior to a regular | 23 |
| election to be eligible for submission on
the ballot at such | 24 |
| election.
| 25 |
| (c) Resolutions or ordinances of governing boards of |
|
|
|
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LRB096 19629 JAM 35025 b |
|
| 1 |
| political
subdivisions which initiate the submission of public | 2 |
| questions pursuant
to law must be adopted not less than 65 days | 3 |
| before a regularly scheduled
election to be eligible for | 4 |
| submission on the ballot at such election.
| 5 |
| (d) A petition, resolution or ordinance initiating the | 6 |
| submission of a
public question may specify a regular election | 7 |
| at which the question is
to be submitted, and must so specify | 8 |
| if the statute authorizing the
public question requires | 9 |
| submission at a particular election. However,
no petition, | 10 |
| resolution or ordinance initiating the submission of a
public | 11 |
| question, other than a legislative resolution initiating an
| 12 |
| amendment to the Constitution, may specify such submission at | 13 |
| an
election more than one year, or 15 months in the case of a | 14 |
| back door referendum as defined in subsection (f), after the | 15 |
| date on which it is filed or
adopted, as the case may be. A | 16 |
| petition, resolution or ordinance
initiating a public question | 17 |
| which specifies a particular election at
which the question is | 18 |
| to be submitted shall be so limited, and shall not
be valid as | 19 |
| to any other election, other than an emergency referendum
| 20 |
| ordered pursuant to Section 2A-1.4.
| 21 |
| (e) If a petition initiating a public question does not | 22 |
| specify a
regularly scheduled election, the public question | 23 |
| shall be submitted to
referendum at the next regular election | 24 |
| occurring not less than 78 days
after the filing of the | 25 |
| petition, or not less than 108 days after the
filing of a | 26 |
| petition for referendum to create a political subdivision. If
a |
|
|
|
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LRB096 19629 JAM 35025 b |
|
| 1 |
| resolution or ordinance initiating a public question does not | 2 |
| specify a
regularly scheduled election, the public question | 3 |
| shall be submitted to
referendum at the next regular election | 4 |
| occurring not less than 65 days
after the adoption of the | 5 |
| resolution or ordinance.
| 6 |
| (f) In the case of back door referenda, any limitations in | 7 |
| another
statute authorizing such a referendum which restrict | 8 |
| the time in which
the initiating petition may be validly filed | 9 |
| shall apply to such
petition, in addition to the filing | 10 |
| deadlines specified in this Section
for submission at a | 11 |
| particular election. In the case of any back door
referendum, | 12 |
| the publication of the ordinance or resolution of the political
| 13 |
| subdivision shall include a notice of (1) the specific number | 14 |
| of voters
required to sign a petition requesting that a public | 15 |
| question be submitted
to the voters of the subdivision; (2) the | 16 |
| time within which the petition must
be filed; and (3) the date | 17 |
| of the prospective referendum. The secretary or
clerk of the | 18 |
| political subdivision shall provide a petition form to any
| 19 |
| individual requesting one. The legal sufficiency of that form, | 20 |
| if provided by the secretary or clerk of the political | 21 |
| subdivision, cannot be the basis of a challenge to placing the | 22 |
| back door referendum on the ballot. As used herein, a "back | 23 |
| door
referendum" is the submission of a public question to the | 24 |
| voters of a
political subdivision, initiated by a petition of | 25 |
| voters or residents of
such political subdivision, to determine | 26 |
| whether an action by the
governing body of such subdivision |
|
|
|
SB3012 |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| shall be adopted or rejected.
| 2 |
| (g) A petition for the incorporation or formation of a new
| 3 |
| political subdivision whose officers are to be elected rather | 4 |
| than appointed
must have attached to it an affidavit attesting | 5 |
| that at least 108 days and
no more than 138 days prior to such | 6 |
| election notice of intention to file
such petition was | 7 |
| published in a newspaper published within the proposed
| 8 |
| political subdivision, or if none, in a newspaper of general | 9 |
| circulation
within the territory of the proposed political | 10 |
| subdivision in substantially
the following form:
| 11 |
| NOTICE OF PETITION TO FORM A NEW........
| 12 |
| Residents of the territory described below are notified | 13 |
| that a petition
will or has been filed in the Office | 14 |
| of............requesting a referendum
to establish a | 15 |
| new........, to be called the............
| 16 |
| *The officers of the new...........will be elected on the | 17 |
| same day as the
referendum. Candidates for the governing board | 18 |
| of the new......may file
nominating petitions with the officer | 19 |
| named above until...........
| 20 |
| The territory proposed to comprise the new........is | 21 |
| described as follows:
| 22 |
| (description of territory included in petition)
| 23 |
| (signature)....................................
| 24 |
| Name and address of person or persons proposing
| 25 |
| the new political subdivision.
| 26 |
| * Where applicable.
|
|
|
|
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LRB096 19629 JAM 35025 b |
|
| 1 |
| Failure to file such affidavit, or failure to publish the | 2 |
| required notice
with the correct information contained therein | 3 |
| shall render the petition,
and any referendum held pursuant to | 4 |
| such petition, null and void.
| 5 |
| Notwithstanding the foregoing provisions of this | 6 |
| subsection (g) or any
other provisions of this Code, the | 7 |
| publication of notice and affidavit
requirements of this | 8 |
| subsection (g) shall not apply to any petition filed
under | 9 |
| Article 7 or 11E of the School Code nor to any
referendum
held | 10 |
| pursuant to any such petition, and neither any petition filed | 11 |
| under
any of those Articles nor any referendum held pursuant to | 12 |
| any such petition
shall be rendered null and void because of | 13 |
| the failure to file an affidavit
or publish a notice with | 14 |
| respect to the petition or referendum as required
under this | 15 |
| subsection (g) for petitions that are not filed under any of
| 16 |
| those Articles of the School Code.
| 17 |
| (Source: P.A. 94-30, eff. 6-14-05; 94-578, eff. 8-12-05; | 18 |
| 94-1019, eff. 7-10-06.)
| 19 |
| Section 99. Effective date. This Act takes effect upon | 20 |
| becoming law.
|
|