Full Text of SB3012 96th General Assembly
SB3012enr 96TH GENERAL ASSEMBLY
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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, 7-13.1, 7-14, 7-60, 7-60.1, 8-9, | 6 |
| 8-17, 8-17.1, 10-6, 10-9, 10-10, 10-10.1, 10-11.1, 10-11.2, | 7 |
| 10-14, 10-15, 19-2.1, 19-3, and 28-2 and by adding Section 1-20 | 8 |
| as follows: | 9 |
| (10 ILCS 5/1-20 new) | 10 |
| Sec. 1-20. Public university registration and voting pilot | 11 |
| project. For the 2010 general election, each appropriate | 12 |
| election authority shall conduct grace period registration and | 13 |
| early voting in a high traffic location on the main campus of | 14 |
| each public university within the election authority's | 15 |
| jurisdiction. For the purposes of this Section, "public | 16 |
| university" means the University of Illinois, Southern | 17 |
| Illinois University, Chicago State University, Eastern | 18 |
| Illinois University, Governors State University, Illinois | 19 |
| State University, Northeastern Illinois University, Northern | 20 |
| Illinois University, and Western Illinois University.
The | 21 |
| registration conducted under this Section shall be available to | 22 |
| any qualified resident of this State. | 23 |
| The registration and voting required by this Section to be |
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| conducted on campus must be conducted as otherwise required by | 2 |
| this Code. | 3 |
| Each public university shall make the space available in a | 4 |
| high traffic area for, and cooperate and coordinate with the | 5 |
| appropriate election authority in, the implementation of this | 6 |
| Section. | 7 |
| By March 1, 2011, the election authorities affected by this | 8 |
| pilot project shall report to the State Board of Elections the | 9 |
| following information: (i) the total number of individuals that | 10 |
| engaged in grace period registration or early voting at the | 11 |
| campus site and (ii) how grace period registration or early | 12 |
| voting at the campus site was conducted. | 13 |
| This Section is repealed March 2, 2011.
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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 | 16 |
| may have his name
printed upon the primary ballot of his | 17 |
| political party by filing in the
office of the State Board of | 18 |
| Elections not more than 113 99 and not less
than 106 92 days | 19 |
| prior to the date of the general primary, in any year in which | 20 |
| a
Presidential election is to be held, a petition signed by not | 21 |
| less than
3000 or more than 5000 primary electors, members of | 22 |
| and affiliated with the
party of which he is a candidate, and | 23 |
| no candidate for President of the
United States, who fails to | 24 |
| comply with the provisions of this Article
shall have his name | 25 |
| printed upon any primary ballot: Provided, however,
that if the |
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| rules or policies of a national political
party conflict with | 2 |
| such requirements for filing petitions for President of
the | 3 |
| United States in a presidential preference primary, the | 4 |
| Chairman of the
State central committee of such national | 5 |
| political party shall notify the
State Board of Elections in | 6 |
| writing, citing by reference the rules or
policies of the | 7 |
| 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 | 9 |
| and not less
than 62 days prior to the date of the general | 10 |
| primary, in any year in which
a Presidential election is to be | 11 |
| held. Provided, further, unless rules
or policies of a national | 12 |
| political party otherwise provide, the
vote for President of | 13 |
| the United States, as herein provided for, shall be
for the | 14 |
| sole purpose of securing an expression of the sentiment and | 15 |
| will of
the party voters with respect to candidates for | 16 |
| nomination for said office,
and the vote of the state at large | 17 |
| shall be taken and considered as
advisory to the delegates and | 18 |
| alternates at large to the national
conventions of respective | 19 |
| political parties; and the vote of the respective
congressional | 20 |
| districts shall be taken and considered as advisory to the
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| delegates and alternates of said congressional districts to the | 22 |
| 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 |
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| mail or
in person as follows:
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| (1) Where the nomination is to be made for a State, | 3 |
| congressional, or
judicial office, or for any office a | 4 |
| nomination for which is made for a
territorial division or | 5 |
| district which comprises more than one county or
is partly in | 6 |
| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for | 8 |
| nomination
shall be filed in the principal office of the State | 9 |
| Board of Elections not
more than 113 99 and not less than 106 | 10 |
| 92 days prior to the date of the primary,
but, in the case of | 11 |
| petitions for nomination to fill a vacancy by special
election | 12 |
| in the office of representative in Congress from this State, | 13 |
| such
petition for nomination shall be filed in the principal | 14 |
| office of the State
Board of Elections not more than 57 days | 15 |
| 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 | 17 |
| or Circuit
Court Judge within the 3-week period preceding the | 18 |
| 106th 92nd day before a
general primary election, petitions for | 19 |
| nomination for the office in which
the vacancy has occurred | 20 |
| shall be filed in the principal office of the
State Board of | 21 |
| Elections not more than 92 78 nor less than 85 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 | 24 |
| alternate
delegates to a national nominating convention, then | 25 |
| such petition for
nomination shall be filed in the principal | 26 |
| office of the State Board of
Elections not more than 113 99 and |
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| not less than 106 92 days prior to the date of
the primary; | 2 |
| provided, however, that if the rules or policies of a national
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| political party conflict with such requirements for filing | 4 |
| petitions for
nomination for delegates or alternate delegates | 5 |
| to a national nominating
convention, the chairman of the State | 6 |
| central committee of such national
political party shall notify | 7 |
| the Board in writing, citing by reference the
rules or policies | 8 |
| of the national political party in conflict, and in such
case | 9 |
| the Board shall direct such petitions to be filed not more than | 10 |
| 83 69 and
not less than 76 62 days prior to the date of the | 11 |
| primary.
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| (2) Where the nomination is to be made for a county office | 13 |
| or trustee
of a sanitary district then such petition shall be | 14 |
| filed in the office
of the county clerk not more than 113 99 | 15 |
| nor less than 106 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 | 17 |
| township
office, such petitions for nomination shall be filed | 18 |
| in the office of
the local election official, not more than 99 | 19 |
| 78 nor less than 92 71 days
prior to the date of the primary; | 20 |
| provided, where a municipality's or
township's boundaries are | 21 |
| coextensive with or are entirely within the
jurisdiction of a | 22 |
| municipal board of election commissioners, the petitions
shall | 23 |
| be filed in the office of such board; and provided, that | 24 |
| petitions
for the office of multi-township assessor shall be | 25 |
| filed with the election
authority.
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| (4) The petitions of candidates for State central |
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| committeeman shall
be filed in the principal office of the | 2 |
| State Board of Elections not
more than 113 99 nor less than 106 | 3 |
| 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 | 6 |
| not more
than 113 99 nor less than 106 92 days prior to the date | 7 |
| of the primary.
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| (6) The State Board of Elections and the various election | 9 |
| authorities
and local election officials with whom such | 10 |
| petitions for nominations
are filed shall specify the place | 11 |
| where filings shall be made and upon
receipt shall endorse | 12 |
| thereon the day and hour on which each petition
was filed. All | 13 |
| petitions filed by persons waiting in line as of 8:00
a.m. on | 14 |
| 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 | 16 |
| 8:00 a.m.
or the normal opening hour, as the case may be. | 17 |
| Petitions filed by mail
and received after midnight of the | 18 |
| first day for filing and in the first
mail delivery or pickup | 19 |
| of that day shall be deemed as filed as of 8:00
a.m. of that day | 20 |
| or as of the normal opening hour of such day, as the
case may | 21 |
| 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 | 23 |
| received
simultaneously, the State Board of Elections or the | 24 |
| various election
authorities or local election officials with | 25 |
| whom such petitions are
filed shall break ties and determine | 26 |
| the order of filing, by means of a
lottery or other fair and |
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| impartial method of random selection approved
by the State | 2 |
| Board of Elections. Such lottery shall be conducted within
9 | 3 |
| days following the last day for petition filing and shall be | 4 |
| open to the
public. Seven days written notice of the time and | 5 |
| place of conducting such
random selection shall be given by the | 6 |
| State Board of Elections to the
chairman of the State central | 7 |
| committee of each established political
party, and by each | 8 |
| election authority or local election official, to the
County | 9 |
| Chairman of each established political party, and to each
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| organization of citizens within the election jurisdiction | 11 |
| which was
entitled, under this Article, at the next preceding | 12 |
| election, to have
pollwatchers present on the day of election. | 13 |
| The State Board of Elections,
election authority or local | 14 |
| election official shall post in a conspicuous,
open and public | 15 |
| place, at the entrance of the office, notice of the time
and | 16 |
| place of such lottery. The State Board of Elections shall adopt | 17 |
| rules
and regulations governing the procedures for the conduct | 18 |
| of such lottery.
All candidates shall be certified in the order | 19 |
| in which their petitions
have been filed. Where candidates have | 20 |
| filed simultaneously, they shall be
certified in the order | 21 |
| determined by lot and prior to candidates who filed
for the | 22 |
| same office at a later time.
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| (7) The State Board of Elections or the appropriate | 24 |
| election
authority or local election official with whom such a | 25 |
| petition for
nomination is filed shall notify the person for | 26 |
| whom a petition for
nomination has been filed of the obligation |
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| to file statements of
organization, reports of campaign | 2 |
| contributions, and annual reports of
campaign contributions | 3 |
| and expenditures under Article 9 of this Act.
Such notice shall | 4 |
| be given in the manner prescribed by paragraph (7) of
Section | 5 |
| 9-16 of this Code.
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| (8) Nomination papers filed under this Section are not | 7 |
| valid if the
candidate named therein fails to file a statement | 8 |
| of economic interests
as required by the Illinois Governmental | 9 |
| Ethics Act in relation to his
candidacy with the appropriate | 10 |
| officer by the end of the period for the
filing of nomination | 11 |
| papers unless he has filed a statement of economic
interests in | 12 |
| relation to the same governmental unit with that officer
within | 13 |
| 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 | 15 |
| statement of
economic interest of that candidate are not | 16 |
| required to be filed with
the same officer, the candidate must | 17 |
| file with the officer with whom the
nomination papers are filed | 18 |
| a receipt from the officer with whom the
statement of economic | 19 |
| interests is filed showing the date on which such
statement was | 20 |
| filed. Such receipt shall be so filed not later than the
last | 21 |
| day on which nomination papers may be filed.
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| (9) Any person for whom a petition for nomination, or for | 23 |
| committeeman or
for delegate or alternate delegate to a | 24 |
| national nominating convention has
been filed may cause his | 25 |
| name to be withdrawn by request in writing, signed
by him and | 26 |
| duly acknowledged before an officer qualified to take
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| acknowledgments of deeds, and filed in the principal or | 2 |
| permanent branch
office of the State Board of Elections or with | 3 |
| the appropriate election
authority or local election official, | 4 |
| not later than the date of
certification of candidates for the | 5 |
| consolidated primary or general primary
ballot. No names so | 6 |
| withdrawn shall be certified or printed on the
primary ballot. | 7 |
| If petitions for nomination have been filed for the
same person | 8 |
| with respect to more than one political party, his name
shall | 9 |
| not be certified nor printed on the primary ballot of any | 10 |
| party.
If petitions for nomination have been filed for the same | 11 |
| person for 2 or
more offices which are incompatible so that the | 12 |
| same person could not
serve in more than one of such offices if | 13 |
| elected, that person must
withdraw as a candidate for all but | 14 |
| one of such offices within the
5 business days following the | 15 |
| last day for petition filing. If he fails to
withdraw as a | 16 |
| candidate for all but one of such offices within such time
his | 17 |
| name shall not be certified, nor printed on the primary ballot, | 18 |
| for any
office. For the purpose of the foregoing provisions, an | 19 |
| office in a
political party is not incompatible with any other | 20 |
| office.
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| (10) (a) Notwithstanding the provisions of any other | 22 |
| statute, no primary
shall be held for an established | 23 |
| political party in any township,
municipality, or ward | 24 |
| thereof, where the nomination of such
party for every | 25 |
| office to be voted upon by the electors of such
township, | 26 |
| municipality, or ward thereof, is uncontested. Whenever a
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| political party's nomination of candidates is uncontested | 2 |
| as to one or
more, but not all, of the offices to be voted | 3 |
| upon by the electors of a
township, municipality, or ward | 4 |
| thereof, then a primary shall
be held for that party in | 5 |
| such township, municipality, or ward thereof;
provided | 6 |
| that the primary ballot shall not include those offices
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| within such township, municipality, or ward thereof, for | 8 |
| which the
nomination is uncontested. For purposes of this | 9 |
| Article, the nomination
of an established political party | 10 |
| of a candidate for election to an office
shall be deemed to | 11 |
| be uncontested where not more than the number of persons
to | 12 |
| be nominated have timely filed valid nomination papers | 13 |
| seeking the
nomination of such party for election to such | 14 |
| office.
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| (b) Notwithstanding the provisions of any other | 16 |
| statute, no primary
election shall be held for an | 17 |
| established political party for any special
primary | 18 |
| election called for the purpose of filling a vacancy in the | 19 |
| office
of representative in the United States Congress | 20 |
| where the nomination of
such political party for said | 21 |
| office is uncontested. For the purposes of
this Article, | 22 |
| the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be | 24 |
| uncontested
where not more than the number of persons to be | 25 |
| nominated have timely filed
valid nomination papers | 26 |
| seeking the nomination of such established party
for |
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| election to said office. This subsection (b) shall not | 2 |
| apply if such
primary election is conducted on a regularly | 3 |
| scheduled election day.
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| (c) Notwithstanding the provisions in subparagraph (a) | 5 |
| and (b) of this
paragraph (10), whenever a person who has | 6 |
| not timely filed valid nomination
papers and who intends to | 7 |
| become a write-in candidate for a political
party's | 8 |
| nomination for any office for which the nomination is | 9 |
| uncontested
files a written statement or notice of that | 10 |
| intent with the State Board of
Elections or the local | 11 |
| election official with whom nomination papers for
such | 12 |
| office are filed, a primary ballot shall be prepared and a | 13 |
| primary
shall be held for that office. Such statement or | 14 |
| notice shall be filed on
or before the date established in | 15 |
| this Article for certifying candidates
for the primary | 16 |
| ballot. Such statement or notice shall contain (i) the
name | 17 |
| and address of the person intending to become a write-in | 18 |
| candidate,
(ii) a statement that the person is a qualified | 19 |
| primary elector of the
political party from whom the | 20 |
| nomination is sought, (iii) a statement that
the person | 21 |
| 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 | 23 |
| write-in
candidate. An election authority shall have no | 24 |
| duty to conduct a primary
and prepare a primary ballot for | 25 |
| any office for which the nomination is
uncontested unless a | 26 |
| 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 | 3 |
| candidate to
the same office, the State Board of Elections, | 4 |
| appropriate election
authority or local election official | 5 |
| where the petitions are filed shall
within 2 business days | 6 |
| notify the candidate of his or her multiple petition
filings | 7 |
| 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 | 9 |
| election
authority or local election official that he or she | 10 |
| may cancel prior sets
of petitions. If the candidate notifies | 11 |
| the State Board of Elections,
appropriate election authority or | 12 |
| local election official, the last set of
petitions filed shall | 13 |
| be the only petitions to be considered valid by the
State Board | 14 |
| of Elections, election authority or local election official. If
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| the candidate fails to notify the State Board of Elections, | 16 |
| election authority
or local
election official then only the | 17 |
| first set of petitions filed shall be valid
and all subsequent | 18 |
| petitions shall be void.
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| (12) All nominating petitions shall be available for public | 20 |
| inspection
and shall be preserved for a period of not less than | 21 |
| 6 months.
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| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | 23 |
| 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 |
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| 500,000 or more
population having such board, shall constitute | 2 |
| an electoral board for the
hearing and passing upon objections | 3 |
| to nomination petitions for ward
committeemen.
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| Such objections shall be filed in the office of the county | 5 |
| clerk within 5 business days after the last day for filing | 6 |
| nomination papers not
less than 81 days prior to the primary . | 7 |
| The objection shall state the name
and address of the objector, | 8 |
| who may be any qualified elector in the ward,
the specific | 9 |
| grounds of objection and the relief requested of the electoral
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| board. Upon the receipt of the objection, the county clerk | 11 |
| shall forthwith
transmit such objection and the petition of the | 12 |
| candidate to the board of
election commissioners. The board of | 13 |
| election commissioners shall forthwith
notify the objector and | 14 |
| candidate objected to of the time and place for
hearing hereon. | 15 |
| After a hearing upon the validity of such objections, the
board | 16 |
| shall , not less than 74 days prior to the date of the primary,
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| certify to the county clerk , its decision stating whether or | 18 |
| not the name
of the candidate shall be printed on the ballot | 19 |
| and the county clerk in his
or her certificate to the board of | 20 |
| election commissioners shall leave off
of the certificate the | 21 |
| name of the candidate for ward committeeman that the
election | 22 |
| commissioners order not to be printed on the ballot. However, | 23 |
| the
decision of the board of election commissioners is subject | 24 |
| to judicial
review as provided in Section 10-10.1.
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| The county electoral board composed as provided in Section | 26 |
| 10-9 shall
constitute an electoral board for the hearing and |
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| passing upon objections
to nomination petitions for precinct | 2 |
| and township committeemen. Such
objections shall be filed in | 3 |
| the office of the county clerk within 5 business days after the | 4 |
| last day for filing nomination papers not less than
81 days | 5 |
| prior to the primary . The objection shall state the name and
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| address of the objector who may be any qualified elector in the | 7 |
| precinct or
in the township or part of a township that lies | 8 |
| outside of a city having a
population of 500,000 or more, the | 9 |
| specific grounds of objection and the
relief requested of the | 10 |
| electoral board. Upon the receipt of the objection
the county | 11 |
| clerk shall forthwith transmit such objection and the petition
| 12 |
| of the candidate to the chairman of the county electoral board. | 13 |
| The
chairman of the county electoral board shall forthwith | 14 |
| notify the objector,
the candidate whose petition is objected | 15 |
| to and the other members of the
electoral board of the time and | 16 |
| place for hearing thereon. After hearing
upon the validity of | 17 |
| such objections the board shall , not less than 74 days
prior to | 18 |
| the date of the primary, certify its decision to the county | 19 |
| clerk
stating whether or not the name of the candidate shall be | 20 |
| printed on the
ballot, and the county clerk, in his or her | 21 |
| certificate to the board of
election commissioners, shall leave | 22 |
| off of the certificate the name of the
candidate ordered by the | 23 |
| board not to be printed on the ballot, and the
county clerk | 24 |
| shall also refrain from printing on the official primary
| 25 |
| ballot, the name of any candidate whose name has been ordered | 26 |
| by the
electoral board not to be printed on the ballot. |
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| However, the decision of
the board is subject to judicial | 2 |
| review as provided in Section 10-10.1.
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| In such proceedings the electoral boards have the same | 4 |
| powers as other
electoral boards under the provisions of | 5 |
| Section 10-10 of this Act and
their decisions are subject to | 6 |
| judicial review under Section 10-10.1.
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| (Source: P.A. 84-1308.)
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| (10 ILCS 5/7-13.1) (from Ch. 46, par. 7-13.1)
| 9 |
| Sec. 7-13.1. Certification of Candidates-Consolidated
| 10 |
| primary. Not less than 68 61 days
before the date of the | 11 |
| consolidated primary, each local election
official of each | 12 |
| political subdivision required to nominate candidates
for the | 13 |
| respective offices by primary shall certify to each election
| 14 |
| authority whose duty it is to prepare the official ballot for | 15 |
| the
consolidated primary in such political subdivision the | 16 |
| names of all
candidates in whose behalf nomination papers have | 17 |
| been filed in the
office of such local election official
and | 18 |
| direct the election authority to place upon the official ballot | 19 |
| for
the consolidated primary election the names of such | 20 |
| candidates in the same
manner and in the same order as shown | 21 |
| upon the certification. However,
subject to appeal, the names | 22 |
| of candidates whose
nomination papers have been held invalid by | 23 |
| the appropriate electoral board
provided in Section 10-9 of | 24 |
| this Code shall not be so
certified. The certification
shall be | 25 |
| modified as necessary to comply with the requirements of any |
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| other
statute or any ordinance adopted pursuant to Article VII | 2 |
| of the Constitution
prescribing specific provisions for | 3 |
| nonpartisan elections, including without
limitation Articles | 4 |
| 3, 4 and 5 of "The Municipal Code".
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| The names of candidates shall be listed on the | 6 |
| certification for the
respective offices in the order in which | 7 |
| the candidates have filed their
nomination papers, or as | 8 |
| determined by lot, or as otherwise specified by statute.
| 9 |
| In every instance where applicable, the following shall | 10 |
| also be indicated
in the certification:
| 11 |
| (1) Where there is to be more than one candidate elected to | 12 |
| an office
from a political subdivision or district;
| 13 |
| (2) Where a voter has the right to vote for more than one | 14 |
| candidate for an office;
| 15 |
| (3) The terms of the office to be on the ballot, when a | 16 |
| vacancy is to
be filled for less than a full term, or when | 17 |
| offices of a particular subdivision
to be on the ballot at the | 18 |
| same election are to be filled for different terms;
| 19 |
| (4) The territory in which a candidate is required by law | 20 |
| to reside, when
such residency requirement is not identical to | 21 |
| the territory of the political
subdivision from which the | 22 |
| candidate is to be elected or nominated;
| 23 |
| (5) Where a candidate's nominating papers or petitions have | 24 |
| been objected to and the objection has been sustained by the | 25 |
| electoral board established in Section 10-10, the words | 26 |
| "OBJECTION SUSTAINED" shall be placed under the title of the |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| office being sought by the candidate and the name of the | 2 |
| aggrieved candidate shall not appear; and
| 3 |
| (6) Where a candidate's nominating papers or petitions have | 4 |
| been objected to and the decision of the electoral board | 5 |
| established in Section 10-10 is either unknown or known to be | 6 |
| in judicial review, the words "OBJECTION PENDING" shall be | 7 |
| placed under the title of the office being sought by the | 8 |
| candidate and next to the name of the candidate.
| 9 |
| The local election official shall issue an amended | 10 |
| certification
whenever it is discovered that the original | 11 |
| certification is in error.
| 12 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 13 |
| (10 ILCS 5/7-14) (from Ch. 46, par. 7-14)
| 14 |
| Sec. 7-14.
Not less than 68 61 days before the date of the | 15 |
| general primary the
State Board of Elections shall meet and | 16 |
| shall examine all petitions
filed under this Article 7, in the | 17 |
| office of the State Board of
Elections. The State Board of | 18 |
| Elections shall then certify to the county
clerk of each | 19 |
| county, the names of all candidates whose nomination papers
or | 20 |
| certificates of nomination have been filed with the Board and | 21 |
| direct the
county clerk to place upon the official ballot for | 22 |
| the general primary
election the names of such candidates in | 23 |
| the same manner and in the same
order as shown upon the | 24 |
| certification.
| 25 |
| The State Board of Elections shall, in its certificate to |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| the county
clerk, certify the names of the offices, and the | 2 |
| names of the candidates
in the order in which the offices and | 3 |
| names
shall appear upon the primary ballot;
such names
to | 4 |
| appear
in the order in which petitions have been filed in the | 5 |
| office of the
State Board of Elections except as otherwise | 6 |
| provided in this Article.
| 7 |
| Not less than 62 55 days before the date of the general | 8 |
| primary, each
county clerk shall certify the names of all | 9 |
| candidates whose nomination
papers have been filed with such | 10 |
| clerk and declare that the names of such
candidates for the | 11 |
| respective offices shall be placed upon the official
ballot for | 12 |
| the general primary in the order in which such nomination | 13 |
| papers
were filed with the clerk, or as determined by lot, or | 14 |
| as otherwise
specified by statute. Each county clerk shall | 15 |
| place a copy of the
certification on file in his or her office | 16 |
| and at the same time issue to
the board of election | 17 |
| commissioners a copy of the certification that has been
filed | 18 |
| in the county clerk's office, together with a copy of the
| 19 |
| certification that has been issued to the clerk by the State | 20 |
| Board of
Elections, with directions to the board of election | 21 |
| commissioners to place
upon the official ballot for the general | 22 |
| primary in that election
jurisdiction the names of all | 23 |
| candidates that are listed on such
certification in the same | 24 |
| manner and in the same order as shown upon such
certifications.
| 25 |
| The certification shall indicate, where applicable, the | 26 |
| following:
|
|
|
|
SB3012 Enrolled |
- 19 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| (1) The political party affiliation of the candidates for | 2 |
| the respective offices;
| 3 |
| (2) If there is to be more than one candidate elected or | 4 |
| nominated to an
office from the State, political subdivision or | 5 |
| district;
| 6 |
| (3) If the voter has the right to vote for more than one | 7 |
| candidate for an office;
| 8 |
| (4) The term of office, if a vacancy is to be filled for | 9 |
| less than a
full term or if the offices to be filled in a | 10 |
| political subdivision or
district are for different terms.
| 11 |
| The State Board of Elections or the county clerk, as the | 12 |
| case may be,
shall issue an amended certification whenever it | 13 |
| is discovered that the
original certification is in error.
| 14 |
| Subject to appeal, the names of candidates whose nomination | 15 |
| papers have
been held invalid by the appropriate electoral | 16 |
| board provided in Section
10-9 of this Code shall not be | 17 |
| certified.
| 18 |
| (Source: P.A. 86-867.)
| 19 |
| (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| 20 |
| Sec. 7-60. Not less than 74 67 days before the date of the | 21 |
| general
election, the State Board of Elections shall certify to | 22 |
| the county clerks
the names of each of the candidates who have | 23 |
| been nominated as shown by the
proclamation of the State Board | 24 |
| of Elections as a canvassing board or who
have been nominated | 25 |
| to fill a vacancy in nomination and direct the election
|
|
|
|
SB3012 Enrolled |
- 20 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| authority to place upon the official ballot for the general | 2 |
| election the
names of such candidates in the same manner and in | 3 |
| the same order as shown
upon the certification, except as | 4 |
| otherwise provided in this Section.
| 5 |
| Not less than 68 61 days before the date of the general | 6 |
| election, each
county clerk shall certify the names of each of | 7 |
| the candidates for county
offices who have been nominated as | 8 |
| shown by the proclamation of the county
election authority or | 9 |
| who have been nominated to fill a vacancy in nomination
and | 10 |
| declare that the names of such candidates for the respective | 11 |
| offices
shall be placed upon the official ballot for the | 12 |
| general election in the
same manner and in the same order as | 13 |
| shown upon the certification, except
as otherwise provided by | 14 |
| this Section. Each county clerk shall place a
copy of the | 15 |
| certification on file in his or her office and at the same
time | 16 |
| issue to the State Board of Elections a copy of such | 17 |
| certification.
In addition, each county clerk in whose county | 18 |
| there is a board of election
commissioners shall, not less than | 19 |
| 68 61 days before the date of the general
election, issue to | 20 |
| such board a copy of the certification that has been
filed in | 21 |
| the county clerk's office, together with a copy of the
| 22 |
| certification that has been issued to the clerk by the State | 23 |
| Board of
Elections, with directions to the board of election | 24 |
| commissioners to place
upon the official ballot for the general | 25 |
| election in that election
jurisdiction the names of all | 26 |
| candidates that are listed on such
certifications, in the same |
|
|
|
SB3012 Enrolled |
- 21 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| manner and in the same order as shown upon such
certifications, | 2 |
| except as otherwise provided in this Section.
| 3 |
| Whenever there are two or more persons nominated by the | 4 |
| same political
party for multiple offices for any board, the | 5 |
| name of the candidate of such
party receiving the highest | 6 |
| number of votes in the primary election as a
candidate for such | 7 |
| office, as shown by the official election returns of the
| 8 |
| primary, shall be certified first under the name of such | 9 |
| offices, and the
names of the remaining candidates of such | 10 |
| party for such offices shall
follow in the order of the number | 11 |
| of votes received by them respectively at
the primary election | 12 |
| as shown by the official election results.
| 13 |
| No person who is shown by the final
proclamation to have
| 14 |
| been nominated or elected at the primary as a write-in | 15 |
| candidate shall have his or her
name certified unless such | 16 |
| person shall have filed with the certifying
office or board | 17 |
| within 10 days after the election authority's proclamation
a | 18 |
| statement of candidacy pursuant to Section 7-10, a statement | 19 |
| pursuant
to Section 7-10.1, and a receipt for the filing of a | 20 |
| statement of economic interests in relation to the unit of | 21 |
| government to which he or she has been elected or nominated.
| 22 |
| Each county clerk and board of election commissioners shall | 23 |
| determine
by a fair and impartial method of random selection | 24 |
| the order of placement
of established political party | 25 |
| candidates for the general election ballot.
Such determination | 26 |
| shall be made within 30 days following the canvass and |
|
|
|
SB3012 Enrolled |
- 22 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| proclamation
of the results of the general primary
in the | 2 |
| office of the county clerk or board of election commissioners | 3 |
| and
shall be open to the public. Seven days written notice of | 4 |
| the time and place
of conducting such random selection shall be | 5 |
| given, by each such election
authority, to the County Chairman | 6 |
| of each established political party, and
to each organization | 7 |
| of citizens within the election jurisdiction which
was | 8 |
| entitled, under this Article, at the next preceding election, | 9 |
| to have
pollwatchers present on the day of election. Each | 10 |
| election authority shall
post in a conspicuous, open and public | 11 |
| place, at the entrance of the election
authority office, notice | 12 |
| of the time and place of such lottery. However,
a board of | 13 |
| election commissioners may elect to place established | 14 |
| political
party candidates on the general election ballot in | 15 |
| the same order determined
by the county clerk of the county in | 16 |
| which the city under the jurisdiction
of such board is located.
| 17 |
| Each certification shall indicate, where applicable, the | 18 |
| following:
| 19 |
| (1) The political party affiliation of the candidates | 20 |
| for the respective offices;
| 21 |
| (2) If there is to be more than one candidate elected | 22 |
| to an office from
the State, political subdivision or | 23 |
| district;
| 24 |
| (3) If the voter has the right to vote for more than | 25 |
| one candidate for an office;
| 26 |
| (4) The term of office, if a vacancy is to be filled |
|
|
|
SB3012 Enrolled |
- 23 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| for less than a
full term or if the offices to be filled in | 2 |
| a political subdivision are for
different terms.
| 3 |
| The State Board of Elections or the county clerk, as the | 4 |
| case may be,
shall issue an amended certification whenever it | 5 |
| is discovered that the
original certification is in error.
| 6 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | 7 |
| 94-1000, eff. 7-3-06.)
| 8 |
| (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
| 9 |
| Sec. 7-60.1. Certification of Candidates - Consolidated | 10 |
| Election.
Each local election official of a political | 11 |
| subdivision in which candidates
for the respective local | 12 |
| offices are nominated at the consolidated primary
shall, no | 13 |
| later than 5 days following the canvass and proclamation of the
| 14 |
| results of the consolidated primary, certify to each election | 15 |
| authority
whose duty it is to prepare the official ballot for | 16 |
| the consolidated
election in that political subdivision the | 17 |
| names of each of the candidates
who have been nominated as | 18 |
| shown by the proclamation of the appropriate election authority | 19 |
| or who have been nominated to fill a vacancy in nomination
and | 20 |
| direct the election authority to place upon the official ballot | 21 |
| for the
consolidated election the names of such candidates in | 22 |
| the same manner and
in the same order as shown upon the | 23 |
| certification, except as otherwise
provided by this Section.
| 24 |
| Whenever there are two or more persons nominated by the | 25 |
| same political
party for multiple offices for any board, the |
|
|
|
SB3012 Enrolled |
- 24 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| name of the candidate of such
party receiving the highest | 2 |
| number of votes in the consolidated primary
election as a | 3 |
| candidate for such consolidated primary, shall be certified
| 4 |
| first under the name of such office, and the names of the | 5 |
| remaining
candidates of such party for such offices shall | 6 |
| follow in the order of the
number of votes received by them | 7 |
| respectively at the consolidated primary
election as shown by | 8 |
| the official election results.
| 9 |
| No person who is shown by the election authority's | 10 |
| proclamation to have
been nominated at the consolidated primary | 11 |
| as a write-in candidate shall
have his or her name certified | 12 |
| unless such person shall have filed with the
certifying office | 13 |
| or board within 5 days after the election authority's
| 14 |
| proclamation a statement of candidacy pursuant to Section 7-10 | 15 |
| and a
statement pursuant to Section 7-10.1.
| 16 |
| Each board of election commissioners of the cities in which | 17 |
| established
political party candidates for city offices are | 18 |
| nominated at the
consolidated primary shall determine by a fair | 19 |
| and impartial method of
random selection the order of placement | 20 |
| of the established political party
candidates for the | 21 |
| consolidated ballot. Such determination shall be made
within 5 | 22 |
| days following the canvass and proclamation of the results of | 23 |
| the
consolidated primary and shall be open to the public. Three | 24 |
| days written
notice of the time and place of conducting such | 25 |
| random selection shall be
given, by each such election | 26 |
| authority, to the County Chairman of each
established political |
|
|
|
SB3012 Enrolled |
- 25 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| party, and to each organization of citizens within
the election | 2 |
| jurisdiction which was entitled, under this Article, at the
| 3 |
| next preceding election, to have pollwatchers present on the | 4 |
| day of
election. Each election authority shall post in a | 5 |
| conspicuous, open and
public place, at the entrance of the | 6 |
| election authority office, notice of
the time and place of such | 7 |
| lottery.
| 8 |
| Each local election official of a political subdivision in | 9 |
| which
established political party candidates for the | 10 |
| respective local offices are
nominated by primary shall | 11 |
| determine by a fair and impartial method of
random selection | 12 |
| the order of placement of the established political party
| 13 |
| candidates for the consolidated election ballot and, in the | 14 |
| case of certain
municipalities having annual elections, on the | 15 |
| general primary ballot for
election. Such determination shall | 16 |
| be made prior to the canvass and
proclamation of results of the | 17 |
| consolidated primary or special municipal
primary, as the case | 18 |
| may be, in the office of the local election official and
shall | 19 |
| be open to the public. Three days written notice of the time | 20 |
| and
place of conducting such random selection shall be given, | 21 |
| by each such
local election official, to the County Chairman of | 22 |
| each established
political party, and to each organization of | 23 |
| citizens within the election
jurisdiction which was entitled, | 24 |
| under this Article, at the next preceding
election, to have | 25 |
| pollwatchers present on the day of election. Each local
| 26 |
| election official shall post in a conspicuous, open and public |
|
|
|
SB3012 Enrolled |
- 26 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| place notice of
such lottery. Immediately thereafter, the local | 2 |
| election official shall
certify the ballot placement order so | 3 |
| determined to the proper election
authorities charged with the | 4 |
| preparation of the consolidated election, or
general primary,
| 5 |
| ballot for that political subdivision.
| 6 |
| Not less than 68 61 days before the date of the | 7 |
| consolidated election, each
local election official of a | 8 |
| political subdivision in which established
political party | 9 |
| candidates for the respective local offices have been
nominated | 10 |
| by caucus or have been nominated because no primary was | 11 |
| required
to be held shall certify to each election authority | 12 |
| whose duty it is to
prepare the official ballot for the | 13 |
| consolidated election in that political
subdivision the names | 14 |
| of each of the candidates whose certificates of
nomination or | 15 |
| nomination papers have been filed in his or her office and
| 16 |
| direct the election authority to place upon the official ballot | 17 |
| for the
consolidated election the names of such candidates in | 18 |
| the same manner and
in the same order as shown upon the | 19 |
| certification. Such local election
official shall, prior to | 20 |
| certification, determine by a fair and impartial
method of | 21 |
| random selection the order of placement of the established
| 22 |
| political party candidates for the consolidated election | 23 |
| ballot. Such
determination shall be made in the office of the | 24 |
| local election official
and shall be open to the public. Three | 25 |
| days written notice of the time and
place of conducting such | 26 |
| random selection shall be given by each such local
election |
|
|
|
SB3012 Enrolled |
- 27 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| official to the county chairman of each established political
| 2 |
| party, and to each organization of citizens within the election
| 3 |
| jurisdiction which was entitled, under this Article, at the | 4 |
| next preceding
election, to have pollwatchers present on the | 5 |
| day of election. Each local
election official shall post in a | 6 |
| conspicuous, open and public place, at the
entrance of the | 7 |
| office, notice of the time and place of such lottery. The
local | 8 |
| election official shall certify the ballot placement order so
| 9 |
| determined as part of his official certification of candidates | 10 |
| to the
election authorities whose duty it is to prepare the | 11 |
| official ballot for
the consolidated election in that political | 12 |
| subdivision.
| 13 |
| The certification shall indicate, where applicable, the | 14 |
| following:
| 15 |
| (1) The political party affiliation of the candidates | 16 |
| for the respective offices;
| 17 |
| (2) If there is to be more than one candidate elected | 18 |
| or nominated to an
office from the State, political | 19 |
| subdivision or district;
| 20 |
| (3) If the voter has the right to vote for more than | 21 |
| one candidate for an office;
| 22 |
| (4) The term of office, if a vacancy is to be filled | 23 |
| for less than a
full term or if the offices to be filled in | 24 |
| a political subdivision or
district are for different | 25 |
| terms.
| 26 |
| The local election official shall issue an amended |
|
|
|
SB3012 Enrolled |
- 28 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| certification whenever
it is discovered that the original | 2 |
| certification is in error.
| 3 |
| (Source: P.A. 94-647, eff. 1-1-06.)
| 4 |
| (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
| 5 |
| Sec. 8-9.
All petitions for nomination shall be filed by | 6 |
| mail or in
person as follows:
| 7 |
| (1) Where the nomination is made for a legislative office, | 8 |
| such
petition for nomination shall be filed in the principal | 9 |
| office of the
State Board of Elections not more than 113 99 and | 10 |
| not less than 106 92 days
prior to the date of the primary.
| 11 |
| (2) The State Board of Elections shall, upon receipt of | 12 |
| each
petition, endorse thereon the day and hour on which it was | 13 |
| filed.
Petitions filed by mail and received after midnight on | 14 |
| the first day for
filing and in the first mail delivery or | 15 |
| pickup of that day, shall be deemed
as filed as of 8:00 a.m. of | 16 |
| that day or as of the normal opening hour of
such day as the | 17 |
| case may be, and all petitions received thereafter shall be
| 18 |
| deemed as filed in the order of actual receipt. Where 2 or more | 19 |
| petitions
are received simultaneously, the State Board of | 20 |
| Elections shall break ties
and determine the order of filing, | 21 |
| by means of a lottery as provided in
Section 7-12 of this Code.
| 22 |
| (3) Any person for whom a petition for nomination has been | 23 |
| filed,
may cause his name to be withdrawn by a request in | 24 |
| writing, signed by
him, duly acknowledged before an officer | 25 |
| qualified to take
acknowledgments of deeds, and filed in the |
|
|
|
SB3012 Enrolled |
- 29 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| principal or permanent branch
office of the State Board of | 2 |
| Elections not later than the date of
certification of | 3 |
| candidates for the general primary ballot, and no names so
| 4 |
| withdrawn shall be certified by the State Board
of Elections to | 5 |
| the county clerk, or printed on the primary ballot. If
| 6 |
| petitions for nomination have been filed for the same person | 7 |
| with
respect to more than one political party, his name shall | 8 |
| not be
certified nor printed on the primary ballot of any | 9 |
| party. If petitions
for nomination have been filed for the same | 10 |
| person for 2 or more offices
which are incompatible so that the | 11 |
| same person could not serve in more
than one of such offices if | 12 |
| elected, that person must withdraw as a
candidate for all but | 13 |
| one of such offices within the 5 business days following
the | 14 |
| last day for petition filing. If he fails to withdraw as a | 15 |
| candidate for
all but one of such offices within such time, his | 16 |
| name shall not be
certified, nor printed on the primary ballot, | 17 |
| for any office. For the
purpose of the foregoing provisions, an | 18 |
| office in a political party is
not incompatible with any other | 19 |
| office.
| 20 |
| (4) If multiple sets of nomination papers are filed for a | 21 |
| candidate to
the same office, the State Board of Elections | 22 |
| shall within 2 business days
notify the candidate of his or her | 23 |
| multiple petition filings and that the
candidate has 3 business | 24 |
| days after receipt of the notice to notify the
State Board of | 25 |
| Elections that he or she may cancel prior sets of petitions.
If | 26 |
| the candidate notifies the State Board of Elections the last |
|
|
|
SB3012 Enrolled |
- 30 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| set of
petitions filed shall be the only petitions to be | 2 |
| considered valid by the State
Board of Elections. If the | 3 |
| candidate fails to notify the State Board then
only the first | 4 |
| set of petitions filed shall be valid and all subsequent
| 5 |
| petitions shall be void.
| 6 |
| (Source: P.A. 86-875; 87-1052.)
| 7 |
| (10 ILCS 5/8-17) (from Ch. 46, par. 8-17) | 8 |
| Sec. 8-17. The death of any candidate prior to, or on, the | 9 |
| date of the primary
shall not affect the canvass of the | 10 |
| ballots. If the result of such
canvass discloses that such | 11 |
| candidate, if he had lived, would have been
nominated, such | 12 |
| candidate shall be declared nominated. | 13 |
| In the event that a candidate of a party who has been | 14 |
| nominated under
the provisions of this Article shall die before | 15 |
| election (whether death
occurs prior to, or on, or after, the | 16 |
| date of the primary) or decline
the nomination or should the | 17 |
| nomination for any other reason become
vacant, the legislative | 18 |
| or representative committee of such party for
such district | 19 |
| shall
nominate a candidate of such party to fill such vacancy.
| 20 |
| However, if there
was no candidate for the nomination of the | 21 |
| party in the primary,
no candidate of that party for that
| 22 |
| office may be listed on the ballot at the general election, | 23 |
| unless the
legislative or representative committee of the party | 24 |
| nominates a candidate
to fill the vacancy in nomination within | 25 |
| 75 60 days after the date of the
general primary election.
|
|
|
|
SB3012 Enrolled |
- 31 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| Vacancies in
nomination occurring under this Article shall be | 2 |
| filled by the appropriate
legislative or representative | 3 |
| committee in accordance with the provisions
of Section 7-61 of | 4 |
| this Code. In proceedings to fill the vacancy in
nomination, | 5 |
| the voting strength of the members of the legislative or
| 6 |
| representative committee shall be as provided in Section 8-6. | 7 |
| (Source: P.A. 84-757; 84-790; 84-928; 84-1026.)
| 8 |
| (10 ILCS 5/8-17.1) (from Ch. 46, par. 8-17.1)
| 9 |
| Sec. 8-17.1.
Whenever a vacancy in the office of State | 10 |
| Senator is to be
filled by election pursuant to Article IV, | 11 |
| Section 2(d) of the Constitution
and Section 25-6 of this Code, | 12 |
| nominations shall be made and any vacancy in
nomination shall | 13 |
| be filled pursuant to this Section:
| 14 |
| (1) If the vacancy in office occurs before the first date | 15 |
| provided in
Section 8-9 for filing nomination papers for the | 16 |
| primary in the next
even-numbered year following the | 17 |
| commencement of the term, the nominations
for the election for | 18 |
| filling such vacancy shall be made as otherwise
provided in | 19 |
| Article 8.
| 20 |
| (2) If the vacancy in office occurs during the time | 21 |
| provided in Section
8-9 for filing nomination papers for the | 22 |
| office of State Senator for the
primary in the next | 23 |
| even-numbered year following commencement of the term
of office | 24 |
| in which such vacancy occurs, the time for filing nomination
| 25 |
| papers for such office for the primary shall be not more than |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| 105 91 days and
not less than 99 85 days prior to the date of | 2 |
| the primary election.
| 3 |
| (3) If the vacancy in office occurs after the last day | 4 |
| provided in Section
8-9 for filing nomination papers for the | 5 |
| office of State Senator, a vacancy
in nomination shall be | 6 |
| deemed to have occurred and the legislative
committee of each | 7 |
| established political party shall nominate, by
resolution, a | 8 |
| candidate to fill such vacancy in nomination for the election
| 9 |
| to such office at such general election. In the proceedings to | 10 |
| fill the
vacancy in nomination the voting strength of the | 11 |
| members of the legislative
committee shall be as provided in | 12 |
| Section 8-6. The name of the candidate
so nominated shall not | 13 |
| appear on the ballot at the general primary election.
Such | 14 |
| vacancy in nomination shall be filled prior to the date of
| 15 |
| certification of candidates for the general election.
| 16 |
| (4) The resolution to fill the vacancy shall be duly | 17 |
| acknowledged before
an officer qualified to take | 18 |
| acknowledgments of deeds and shall include,
upon its face, the | 19 |
| following information;
| 20 |
| (a) the names of the original nominee and the office | 21 |
| vacated;
| 22 |
| (b) the date on which the vacancy occurred;
| 23 |
| (c) the name and address of the nominee selected to fill | 24 |
| the vacancy and
the date of selection.
| 25 |
| The resolution to fill the vacancy shall be accompanied by | 26 |
| a Statement
of Candidacy, as prescribed in Section 7-10, |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| completed by the selected
nominee and a receipt indicating that | 2 |
| such nominee has filed a statement of
economic interests as | 3 |
| required by the Illinois Governmental Ethics Act.
| 4 |
| The provisions of Sections 10-8 through 10-10.1 relating to | 5 |
| objections to
nomination papers, hearings on objections and | 6 |
| judicial review, shall also
apply to and govern objections to | 7 |
| nomination papers and resolutions for filling
vacancies in | 8 |
| nomination filed pursuant to this Section.
| 9 |
| Unless otherwise specified herein, the nomination and | 10 |
| election provided
for in this Section shall be governed by this | 11 |
| Code.
| 12 |
| (Source: P.A. 84-790.)
| 13 |
| (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 14 |
| Sec. 10-6. Time and manner of filing. Certificates
of
| 15 |
| nomination and nomination papers for the nomination of | 16 |
| candidates for
offices to be filled by electors of the entire | 17 |
| State, or any district
not entirely within a county, or for | 18 |
| congressional, state legislative or
judicial offices, shall be | 19 |
| presented to the principal office of the
State Board of | 20 |
| Elections not more than 141 nor less than 134
days previous
to | 21 |
| the day of election for which the candidates are nominated. The
| 22 |
| State Board of Elections shall endorse the certificates of | 23 |
| nomination or
nomination papers, as the case may be, and the | 24 |
| date and hour of
presentment to it. Except as otherwise | 25 |
| provided in this section, all
other certificates for the |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| nomination of candidates shall be filed with
the county clerk | 2 |
| of the respective counties not more than 141 but at
least 134 | 3 |
| days previous to the day of such election. Certificates
of
| 4 |
| nomination and nomination papers for the nomination of | 5 |
| candidates for
the offices of political subdivisions to be | 6 |
| filled at regular elections
other than the general election | 7 |
| shall be filed with the local election
official of such | 8 |
| subdivision:
| 9 |
| (1) (Blank);
| 10 |
| (2) not more than 113 78 nor less than 106 71 days | 11 |
| prior to the
consolidated
election; or
| 12 |
| (3) not more than 113 78 nor less than 106 71 days | 13 |
| prior to the general
primary in the case of municipal | 14 |
| offices to be filled at the general
primary election; or
| 15 |
| (4) not more than 99 78 nor less than 92 71 days before | 16 |
| the
consolidated
primary in the case of municipal offices | 17 |
| to be elected on a nonpartisan
basis pursuant to law | 18 |
| (including without limitation, those municipal
offices | 19 |
| subject to Articles 4 and 5 of the Municipal Code); or
| 20 |
| (5) not more than 113 78 nor less than 106 71 days | 21 |
| before the municipal
primary in even numbered years for | 22 |
| such nonpartisan municipal offices
where annual elections | 23 |
| are provided; or
| 24 |
| (6) in the case of petitions for the office of | 25 |
| multi-township assessor,
such petitions shall be filed | 26 |
| with the election authority not more than
113 78 nor less |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| than 106 71 days before the consolidated election.
| 2 |
| However, where a political subdivision's boundaries are | 3 |
| co-extensive
with or are entirely within the jurisdiction of a | 4 |
| municipal board of
election commissioners, the certificates of | 5 |
| nomination and nomination
papers for candidates for such | 6 |
| political subdivision offices shall be filed
in the office of | 7 |
| such Board.
| 8 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 9 |
| (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| 10 |
| Sec. 10-9. The following electoral boards are designated | 11 |
| for the
purpose of hearing and passing upon the objector's | 12 |
| petition described in
Section 10-8.
| 13 |
| 1. The State Board of Elections will hear and pass upon | 14 |
| objections
to the nominations of candidates for State offices,
| 15 |
| nominations of candidates for congressional, legislative and | 16 |
| judicial
offices of districts, subcircuits, or circuits | 17 |
| situated in more than one county, nominations
of candidates for | 18 |
| the offices of State's attorney or regional superintendent
of | 19 |
| schools to be elected from more than one county, and petitions | 20 |
| for
proposed amendments to the Constitution of the State of | 21 |
| Illinois as
provided for in Section 3 of Article XIV of the | 22 |
| Constitution.
| 23 |
| 2. The county officers electoral board to hear and pass | 24 |
| upon
objections to the nominations of candidates for county | 25 |
| offices,
for congressional, legislative and judicial offices |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| of a district, subcircuit, or
circuit coterminous with or less | 2 |
| than a county, for school trustees to be
voted for by the | 3 |
| electors of the county or by the electors of a township of
the | 4 |
| county, for the office of multi-township assessor where | 5 |
| candidates for
such office are nominated in accordance with | 6 |
| this Code, and for all special
district offices, shall be | 7 |
| composed of the county clerk, or an assistant
designated by the | 8 |
| county clerk, the State's attorney of the county or
an | 9 |
| Assistant State's Attorney designated by the State's Attorney, | 10 |
| and the
clerk of the circuit court, or an assistant designated | 11 |
| by the clerk of
the circuit court, of the county, of whom the | 12 |
| county clerk or his designee
shall be the chairman, except that | 13 |
| in any county which has established a
county board of election | 14 |
| commissioners that board
shall constitute the county officers | 15 |
| electoral board ex-officio.
| 16 |
| 3. The municipal officers electoral board to hear and pass | 17 |
| upon
objections to the nominations of candidates for officers | 18 |
| of
municipalities shall be composed of the mayor or president | 19 |
| of the board
of trustees of the city, village or incorporated | 20 |
| town, and the city,
village or incorporated town clerk, and one | 21 |
| member of the city council
or board of trustees, that member | 22 |
| being designated who is eligible to
serve on the electoral | 23 |
| board and has served the
greatest number of years as a member | 24 |
| of the city council or board of
trustees, of whom the mayor or | 25 |
| president of the board of trustees shall
be the chairman.
| 26 |
| 4. The township officers electoral board to pass upon |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| objections to
the nominations of township officers shall be | 2 |
| composed of the township
supervisor, the town clerk, and that | 3 |
| eligible town trustee elected in the
township who has had the | 4 |
| longest term of continuous service as town
trustee, of whom the | 5 |
| township supervisor shall be the chairman.
| 6 |
| 5. The education officers electoral board to hear and pass | 7 |
| upon
objections to the nominations of candidates for offices in | 8 |
| school or
community college districts shall be composed of the | 9 |
| presiding officer of
the school or community college district | 10 |
| board, who shall be the chairman,
the secretary of the school | 11 |
| or community college district board and the
eligible elected | 12 |
| school or community college board member who has the
longest | 13 |
| term of continuous service as a board member.
| 14 |
| 6. In all cases, however, where the Congressional , or | 15 |
| Legislative , or Representative
district is wholly or partially | 16 |
| within the jurisdiction of a single municipal board of election
| 17 |
| commissioners in Cook County and in all cases where the school | 18 |
| district or special
district is wholly within the jurisdiction | 19 |
| of a municipal board of
election commissioners and in all cases | 20 |
| where the municipality or
township is wholly or partially | 21 |
| within the jurisdiction of a municipal
board of election | 22 |
| commissioners, the board of election commissioners
shall | 23 |
| ex-officio constitute the electoral board.
| 24 |
| For special districts situated in more than one county, the | 25 |
| county officers
electoral board of the county in which the | 26 |
| principal office of the district
is located has jurisdiction to |
|
|
|
SB3012 Enrolled |
- 38 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| hear and pass upon objections. For purposes
of this Section, | 2 |
| "special districts" means all political subdivisions other
| 3 |
| than counties, municipalities, townships and school and | 4 |
| community college
districts.
| 5 |
| In the event that any member of the appropriate board is a | 6 |
| candidate
for the office with relation to which the objector's | 7 |
| petition is filed,
he shall not be eligible to serve on that | 8 |
| board and shall not act as
a member of the board and his place | 9 |
| shall be filled as follows:
| 10 |
| a. In the county officers electoral board by the county
| 11 |
| treasurer, and if he or she is ineligible to serve, by the | 12 |
| sheriff of the
county.
| 13 |
| b. In the municipal officers electoral board by the | 14 |
| eligible
elected city council or board of trustees member | 15 |
| who has served the second
greatest number of years as a | 16 |
| city council or board of trustees member.
| 17 |
| c. In the township officers electoral board by the | 18 |
| eligible
elected town trustee who has had the second | 19 |
| longest term of continuous service
as a town trustee.
| 20 |
| d. In the education officers electoral board by the | 21 |
| eligible
elected school or community college district | 22 |
| board member who has had the
second longest term of | 23 |
| continuous service as a board member.
| 24 |
| In the event that the chairman of the electoral board is | 25 |
| ineligible
to act because of the fact that he is a candidate | 26 |
| for the office with
relation to which the objector's petition |
|
|
|
SB3012 Enrolled |
- 39 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| is filed, then the substitute
chosen under the provisions of | 2 |
| this Section shall be the chairman; In
this case, the officer | 3 |
| or board with whom the objector's petition is
filed, shall | 4 |
| transmit the certificate of nomination or nomination papers
as | 5 |
| the case may be, and the objector's petition to the substitute
| 6 |
| chairman of the electoral board.
| 7 |
| When 2 or more eligible individuals, by reason of their | 8 |
| terms of service
on a city council or board of trustees, | 9 |
| township board of
trustees, or school or community college | 10 |
| district board, qualify to serve
on an electoral board, the one | 11 |
| to serve shall be chosen by lot.
| 12 |
| Any vacancies on an electoral board not otherwise filled | 13 |
| pursuant to this
Section shall be filled by public members | 14 |
| appointed by the Chief Judge of
the Circuit Court for the | 15 |
| county wherein the electoral board hearing is
being held upon | 16 |
| notification to the Chief Judge of such
vacancies. The Chief | 17 |
| Judge shall be so notified by a member of the electoral
board | 18 |
| or the officer or board with whom the objector's petition was | 19 |
| filed.
In the event that none of the individuals designated by | 20 |
| this Section to
serve on the electoral board are eligible, the | 21 |
| chairman of an electoral
board shall be designated by the Chief | 22 |
| Judge.
| 23 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 24 |
| (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| 25 |
| Sec. 10-10. Within 24 hours after the receipt of the |
|
|
|
SB3012 Enrolled |
- 40 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| certificate of
nomination or nomination papers or proposed | 2 |
| question of public
policy, as the case may be, and the | 3 |
| objector's petition, the chairman
of the electoral board other | 4 |
| than the State Board of Elections shall
send a call by | 5 |
| registered or certified mail to each of the members of the
| 6 |
| electoral board, and to the objector who filed the objector's | 7 |
| petition, and
either to the candidate whose certificate of | 8 |
| nomination or nomination
papers are objected to or to the | 9 |
| principal proponent or attorney for
proponents of a question of | 10 |
| public policy, as the case may be, whose
petitions are objected | 11 |
| to, and shall also cause the sheriff of the county
or counties | 12 |
| in which such officers and persons reside to serve a copy of
| 13 |
| such call upon each of such officers and persons, which call | 14 |
| shall set out
the fact that the electoral board is required to | 15 |
| meet to hear and pass upon
the objections to nominations made | 16 |
| for the office, designating it, and
shall state the day, hour | 17 |
| and place at which the electoral board shall meet
for the | 18 |
| purpose, which place shall be in the
county court house in the | 19 |
| county in the case of the County Officers
Electoral Board, the | 20 |
| Municipal Officers Electoral Board, the Township
Officers | 21 |
| Electoral Board or the Education Officers Electoral Board, | 22 |
| except that the Municipal Officers Electoral Board, the | 23 |
| Township Officers Electoral Board, and the Education Officers | 24 |
| Electoral Board may meet at the location where the governing | 25 |
| body of the municipality, township, or school or community | 26 |
| college district, respectively, holds its regularly scheduled |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| meetings, if that location is available; provided that voter | 2 |
| records may be removed from the offices of an election | 3 |
| authority only at the discretion and under the supervision of | 4 |
| the election authority.
In
those cases where the State Board of | 5 |
| Elections is the electoral board
designated under Section 10-9, | 6 |
| the chairman of the State Board of Elections
shall, within 24 | 7 |
| hours after the receipt of the certificate of nomination
or | 8 |
| nomination papers or petitions for a proposed amendment to | 9 |
| Article IV of
the Constitution or proposed statewide question | 10 |
| of public policy, send a
call by registered or certified mail | 11 |
| to the objector who files the
objector's petition, and either | 12 |
| to the candidate whose certificate of
nomination or nomination | 13 |
| papers are objected to or to the principal
proponent or | 14 |
| attorney for proponents of the proposed Constitutional
| 15 |
| amendment or statewide question of public policy and shall | 16 |
| state the day,
hour and place at which the electoral board | 17 |
| shall meet for the purpose,
which place may be in the Capitol | 18 |
| Building or in the principal or permanent
branch office of the | 19 |
| State Board. The day of the meeting shall not be less
than 3 | 20 |
| nor more than 5 days after the receipt of the certificate of
| 21 |
| nomination or nomination papers and the objector's petition by | 22 |
| the chairman
of the electoral board.
| 23 |
| The electoral board shall have the power to administer | 24 |
| oaths and to
subpoena and examine witnesses and at the request | 25 |
| of either party the
chairman may issue subpoenas requiring the | 26 |
| attendance of witnesses and
subpoenas duces tecum requiring the |
|
|
|
SB3012 Enrolled |
- 42 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| production of such books, papers,
records and documents as may | 2 |
| be evidence of any matter under inquiry
before the electoral | 3 |
| board, in the same manner as witnesses are
subpoenaed in the | 4 |
| Circuit Court.
| 5 |
| Service of such subpoenas shall be made by any sheriff or | 6 |
| other
person in the same manner as in cases in such court and | 7 |
| the fees of such
sheriff shall be the same as is provided by | 8 |
| law, and shall be paid by
the objector or candidate who causes | 9 |
| the issuance of the subpoena. In
case any person so served | 10 |
| shall knowingly neglect or refuse to obey any
such subpoena, or | 11 |
| to testify, the electoral board shall at once file a
petition | 12 |
| in the circuit court of the county in which such hearing is to
| 13 |
| be heard, or has been attempted to be heard, setting forth the | 14 |
| facts, of
such knowing refusal or neglect, and accompanying the | 15 |
| petition with a
copy of the citation and the answer, if one has | 16 |
| been filed, together
with a copy of the subpoena and the return | 17 |
| of service thereon, and shall
apply for an order of court | 18 |
| requiring such person to attend and testify,
and forthwith | 19 |
| produce books and papers, before the electoral board. Any
| 20 |
| circuit court of the state, excluding the judge who is sitting | 21 |
| on the electoral
board, upon such showing shall order such | 22 |
| person to appear and testify,
and to forthwith produce such | 23 |
| books and papers, before the electoral board
at a place to be | 24 |
| fixed by the court. If such person shall knowingly fail
or | 25 |
| refuse to obey such order of the court without lawful excuse, | 26 |
| the court
shall punish him or her by fine and imprisonment, as |
|
|
|
SB3012 Enrolled |
- 43 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| the nature of the case
may require and may be lawful in cases | 2 |
| of contempt of court.
| 3 |
| The electoral board on the first day of its meeting shall | 4 |
| adopt rules
of procedure for the introduction of evidence and | 5 |
| the presentation of
arguments and may, in its discretion, | 6 |
| provide for the filing of briefs
by the parties to the | 7 |
| objection or by other interested persons.
| 8 |
| In the event of a State Electoral Board hearing on | 9 |
| objections to a
petition for an amendment to Article IV of the | 10 |
| Constitution
pursuant to Section 3 of Article XIV of the | 11 |
| Constitution, or to a
petition for a question of public policy | 12 |
| to be submitted to the
voters of the entire State, the | 13 |
| certificates of the county clerks and boards
of election | 14 |
| commissioners showing the results of the random sample of
| 15 |
| signatures on the petition shall be prima facie valid and | 16 |
| accurate, and
shall be presumed to establish the number of | 17 |
| valid and invalid
signatures on the petition sheets reviewed in | 18 |
| the random sample, as prescribed
in Section 28-11 and 28-12 of | 19 |
| this Code. Either party, however, may introduce
evidence at | 20 |
| such hearing to dispute the findings as to particular | 21 |
| signatures.
In addition to the foregoing, in the absence of | 22 |
| competent evidence presented
at such hearing by a party | 23 |
| substantially challenging the results of a random
sample, or | 24 |
| showing a different result obtained by an additional sample,
| 25 |
| this certificate of a county clerk or board of election | 26 |
| commissioners shall
be presumed to establish the ratio of valid |
|
|
|
SB3012 Enrolled |
- 44 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| to invalid signatures within
the particular election | 2 |
| jurisdiction.
| 3 |
| The electoral board shall take up the question as to | 4 |
| whether or not
the certificate of nomination or nomination | 5 |
| papers or petitions are in
proper form, and whether or not they | 6 |
| were filed within the time and
under the conditions required by | 7 |
| law, and whether or not they are the
genuine certificate of | 8 |
| nomination or nomination papers or petitions
which they purport | 9 |
| to be, and whether or not in the case of the
certificate of | 10 |
| nomination in question it represents accurately the
decision of | 11 |
| the caucus or convention issuing it, and in general shall
| 12 |
| decide whether or not the certificate of nomination or | 13 |
| nominating papers
or petitions on file are valid or whether the | 14 |
| objections thereto should
be sustained and the decision of a | 15 |
| majority of the electoral board shall
be final subject to | 16 |
| judicial review as provided in Section 10-10.1. The
electoral | 17 |
| board must state its findings in writing and must state in
| 18 |
| writing which objections, if any, it has sustained. A copy of | 19 |
| the decision shall be served upon the parties to the | 20 |
| proceedings in open proceedings before the electoral board. If | 21 |
| a party does not appear for receipt of the decision, the | 22 |
| decision shall be deemed to have been served on the absent | 23 |
| party on the date when a copy of the decision is personally | 24 |
| delivered or on the date when a copy of the decision is | 25 |
| deposited in the Unites States mail, in a sealed envelope or | 26 |
| package, with postage prepaid, addressed to each party affected |
|
|
|
SB3012 Enrolled |
- 45 - |
LRB096 19629 JAM 35025 b |
|
| 1 |
| by the decision or to such party's attorney of record, if any, | 2 |
| at the address on record for such person in the files of the | 3 |
| electoral board.
| 4 |
| Upon the expiration of the period within which a proceeding | 5 |
| for
judicial review must be commenced under Section 10--10.1, | 6 |
| the electoral
board shall, unless a proceeding for judicial | 7 |
| review has been commenced
within such period, transmit, by | 8 |
| registered or certified mail, a
certified copy of its ruling, | 9 |
| together with the original certificate of
nomination or | 10 |
| nomination papers or petitions and the original objector's
| 11 |
| petition, to the officer or board with whom the certificate of
| 12 |
| nomination or nomination papers or petitions, as objected to, | 13 |
| were on
file, and such officer or board shall abide by and | 14 |
| comply with the
ruling so made to all intents and purposes.
| 15 |
| (Source: P.A. 95-872, eff. 1-1-09.)
| 16 |
| (10 ILCS 5/10-10.1) (from Ch. 46, par. 10-10.1)
| 17 |
| Sec. 10-10.1.
| 18 |
| (a) Except as otherwise provided in this Section, a
| 19 |
| candidate or objector aggrieved by the decision of an
electoral | 20 |
| board may secure judicial review of such decision in the | 21 |
| circuit
court of the county in which the hearing of the | 22 |
| electoral board was held.
The party seeking judicial review | 23 |
| must file a petition with the clerk of
the court and must serve | 24 |
| a copy of the petition upon the electoral board and other | 25 |
| parties to the proceeding by registered or certified mail |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| within 5 10 days after service of the decision of the electoral | 2 |
| board as provided in Section 10-10 . The
petition shall contain | 3 |
| a brief statement of the reasons why the decision of
the board | 4 |
| should be reversed. The petitioner shall serve a copy of the
| 5 |
| petition upon the electoral board and other parties to the | 6 |
| proceeding by
registered or certified mail and shall file proof | 7 |
| of service with the clerk
of the court. No answer to the | 8 |
| petition need be filed, but the electoral board shall cause the | 9 |
| record of proceedings before the electoral board to be filed | 10 |
| with the clerk of the court on or before the date of the | 11 |
| hearing on the petition or as ordered by the court any answer | 12 |
| must
be filed within 10 days after the filing of the petition .
| 13 |
| The court shall set the matter for hearing to be held | 14 |
| within 30 days
after the filing of the petition and shall make | 15 |
| its decision promptly after
such hearing.
| 16 |
| (b) An objector or proponent aggrieved by the decision of | 17 |
| an electoral board
regarding a petition filed pursuant to | 18 |
| Section 18-120 of the Property Tax
Code
may secure a review of | 19 |
| such decision by the State Board of Elections. The
party | 20 |
| seeking such review must file a petition therefor with the | 21 |
| State Board of
Elections within 10 days after the decision of | 22 |
| the electoral board. Any such
objector or proponent may apply | 23 |
| for and obtain judicial review of a decision of
the State Board | 24 |
| of Elections entered under this amendatory Act of 1985, in
| 25 |
| accordance with the provisions of the Administrative Review | 26 |
| Law, as amended.
|
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| (Source: P.A. 88-670, eff. 12-2-94.)
| 2 |
| (10 ILCS 5/10-11.1) (from Ch. 46, par. 10-11.1)
| 3 |
| Sec. 10-11.1.
Whenever a vacancy in the office of State | 4 |
| Senator is to
be filled by election pursuant to Article IV, | 5 |
| Section 2(d) of the
Constitution and Section 25-6 of this Code, | 6 |
| nominations shall be made
pursuant to this Section:
| 7 |
| (1) If the vacancy in office occurs before the first date | 8 |
| provided in
Section 10-3 for filing nomination papers for the | 9 |
| general election in the
next even-numbered year following the | 10 |
| commencement of the term, the
nomination of independent | 11 |
| candidates for such office shall be made as
otherwise provided | 12 |
| in this Article.
| 13 |
| (2) If the vacancy occurs in office after the first day for | 14 |
| filing
nomination papers for independent candidates as | 15 |
| provided in Section 10-3 but
before the first day provided in | 16 |
| Section 10-6 for filing nomination papers
for the general | 17 |
| election in the next even-numbered year following the
| 18 |
| commencement of the term, independent candidates for such | 19 |
| office shall
file their nomination papers during the filing | 20 |
| period set forth in Section
10-6 for new political party | 21 |
| candidates.
| 22 |
| (3) If a vacancy in office occurs prior to the first day | 23 |
| provided in
Section 10-6 for filing nomination papers for new | 24 |
| political party
candidates for the next ensuing general | 25 |
| election, new political party
candidates for such office shall |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| file their nomination papers during the
filing period as set | 2 |
| forth in Section 10-6 as otherwise provided in this
Article.
| 3 |
| (4) If the vacancy in office occurs during the time | 4 |
| provided in Section
10-6 for filing nomination papers for new | 5 |
| political party candidates for
the next ensuing general | 6 |
| election, the time for independent and new
political party | 7 |
| candidates to file nomination papers for such office shall
be | 8 |
| not more than 92 78 days nor less than 85 71 days prior to the | 9 |
| date of the general
election.
| 10 |
| (5) If the vacancy in office occurs after the last day | 11 |
| provided in
Section 10-6 for filing nomination papers for new | 12 |
| political party
candidates, independent and new political | 13 |
| party candidates shall be
nominated as provided by rules and | 14 |
| regulations of the State Board of Elections.
| 15 |
| The provisions of Sections 10-8 and 10-10.1 relating to | 16 |
| objections to
nomination papers, hearings on objections and | 17 |
| judicial review, shall also
apply to and govern objections to | 18 |
| nomination papers filed pursuant to this
Section.
| 19 |
| Unless otherwise specified herein, the nomination and | 20 |
| election provided for
in this Section shall be governed by this | 21 |
| Code.
| 22 |
| (Source: P.A. 84-790 .)
| 23 |
| (10 ILCS 5/10-11.2) (from Ch. 46, par. 10-11.2)
| 24 |
| Sec. 10-11.2.
Whenever a vacancy in any elective county | 25 |
| office is to be
filled by election pursuant to Section 25-11 of |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| this Code, nominations
shall be made and any vacancy in | 2 |
| nomination shall be filled pursuant to this
Section:
| 3 |
| (1) If the vacancy in office occurs before the first date | 4 |
| provided in
Section 10-3 for filing nomination papers for the | 5 |
| general election in the
next even-numbered year following the | 6 |
| commencement of the term, the
nomination of independent | 7 |
| candidates for such office shall be made as
otherwise provided | 8 |
| in this Article.
| 9 |
| (2) If the vacancy in office occurs after the first day for | 10 |
| filing
nomination papers for independent candidates as | 11 |
| provided in Section 10-3
but before the first day provided in | 12 |
| Section 10-6 for filing nomination
papers for new political | 13 |
| party candidates for the general election in the next
| 14 |
| even-numbered year following the commencement of the term, | 15 |
| independent
candidates for such office shall file their | 16 |
| nomination papers during the
filing period set forth in Section | 17 |
| 10-6 for new political party candidates.
| 18 |
| (3) If the vacancy in office occurs prior to the first date | 19 |
| provided in
Section 10-6 for filing nomination papers for new | 20 |
| political party
candidates for the next ensuing general | 21 |
| election, new political party
candidates for such office shall | 22 |
| file their nomination papers during the
filing period as set | 23 |
| forth in Section 10-6 for new political party candidates.
| 24 |
| (4) If the vacancy in office occurs during the time | 25 |
| provided in Section
10-6 for filing nomination papers for new | 26 |
| political party candidates for
the next ensuing general |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| election the time for independent and new
political party | 2 |
| candidates to file nomination papers for such office shall be
| 3 |
| not more than 92 78 days nor less than 85 71 days prior to the | 4 |
| date of the general
election.
| 5 |
| The provisions of Sections 10-8 through 10-10.1 relating to | 6 |
| objections to
nomination papers, hearings on objections and | 7 |
| judicial review, shall also
apply to and govern objections to | 8 |
| nomination papers filed pursuant to this Section.
| 9 |
| Unless otherwise specified herein, the nomination and | 10 |
| election provided
for in this Section shall be governed by this | 11 |
| Code.
| 12 |
| (Source: P.A. 84-790.)
| 13 |
| (10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
| 14 |
| Sec. 10-14. Not less than 74 67 days before the date of the | 15 |
| general election
the State Board of Elections shall certify to | 16 |
| the county clerk of each
county the name of each candidate | 17 |
| whose nomination papers,
certificate of nomination or | 18 |
| resolution to fill a vacancy in nomination
has been filed with
| 19 |
| the State Board of Elections and direct the county clerk to | 20 |
| place upon
the official ballot for the general election the | 21 |
| names of such candidates
in the same manner and in the same | 22 |
| order as shown upon the certification. The name of no
candidate | 23 |
| for an office to
be filled by the electors of the entire state | 24 |
| shall be placed upon the
official ballot unless his name is | 25 |
| duly certified to the county clerk
upon a certificate signed by |
|
|
|
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LRB096 19629 JAM 35025 b |
|
| 1 |
| the members of the State Board of
Elections. The names of group | 2 |
| candidates on petitions shall be certified
to the several | 3 |
| county clerks in the order
in which such names appear on such | 4 |
| petitions filed with
the State Board of Elections.
| 5 |
| Not less than 68 61 days before the date of the general | 6 |
| election, each
county clerk shall certify the names of each of | 7 |
| the candidates for county
offices whose nomination papers, | 8 |
| certificates of nomination or resolutions
to fill a vacancy in | 9 |
| nomination have been filed with such clerk and declare
that the | 10 |
| names of such candidates for the respective offices shall be
| 11 |
| placed upon the official ballot for the general election in the | 12 |
| same manner
and in the same order as shown upon the | 13 |
| certification. Each county clerk
shall place a copy of the | 14 |
| certification on file in his or her office and at
the same time | 15 |
| issue to the State Board of Elections a copy of such
| 16 |
| certification. In addition, each county clerk in whose county | 17 |
| there is a
board of election commissioners
shall, not
less than | 18 |
| 69 55 days before the election, certify to the board of | 19 |
| election
commissioners the name of the person or persons | 20 |
| nominated for such
office as shown by the certificate of the | 21 |
| State Board of Elections,
together with the names of all other | 22 |
| candidates as shown
by the certification of county officers on | 23 |
| file in the clerk's office, and
in the order so certified. The | 24 |
| county clerk or board of election commissioners
shall print
the | 25 |
| names of the nominees on the ballot for each office in the | 26 |
| order in
which they are certified to or filed with the county |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| clerk; provided,
that in printing the name of nominees for any | 2 |
| office, if any of such
nominees have also been nominated by one | 3 |
| or more political parties
pursuant to this Act, the location of | 4 |
| the name of such candidate on the
ballot for nominations made | 5 |
| under this Article shall be precisely in the
same order in | 6 |
| which it appears on the certification of the State Board
of | 7 |
| Elections to the county clerk.
| 8 |
| For the general election,
the candidates of new political | 9 |
| parties shall be placed on the ballot for
said election after | 10 |
| the established political party candidates
and in the order of | 11 |
| new political party petition filings.
| 12 |
| Each certification shall indicate, where applicable, the | 13 |
| following:
| 14 |
| (1) The political party affiliation if any, of the | 15 |
| candidates for the
respective offices;
| 16 |
| (2) If there is to be more than one candidate elected | 17 |
| to an office from
the State, political subdivision or | 18 |
| district;
| 19 |
| (3) If the voter has the right to vote for more than | 20 |
| one candidate for an office;
| 21 |
| (4) The term of office, if a vacancy is to be filled | 22 |
| for less than a
full term or if the offices to be filled in | 23 |
| a political subdivision are for
different terms.
| 24 |
| The State Board of Elections or the county clerk, as the | 25 |
| case may be,
shall issue an amended certification whenever it | 26 |
| is discovered that the
original certification is in error.
|
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| (Source: P.A. 93-847, eff. 7-30-04.)
| 2 |
| (10 ILCS 5/10-15) (from Ch. 46, par. 10-15)
| 3 |
| Sec. 10-15. Not less than 68 61 days before the date of the | 4 |
| consolidated and
nonpartisan elections, each local election | 5 |
| official with whom
certificates of nomination or nominating | 6 |
| petitions have been filed shall
certify to each election | 7 |
| authority having jurisdiction over any of the
territory of his | 8 |
| political subdivision the names of all candidates
entitled to | 9 |
| be printed on the ballot for offices of that political
| 10 |
| subdivision to be voted upon at such election and direct the | 11 |
| election
authority to place upon the official ballot for such | 12 |
| election the names of
such candidates in the same manner and in | 13 |
| the same order as shown upon the
certification.
| 14 |
| The local election officials shall certify such candidates | 15 |
| for each
office in the order in which such candidates' | 16 |
| certificates of nomination
or nominating petitions were filed | 17 |
| in his office. However, subject to appeal,
the names of | 18 |
| candidates whose petitions have been held invalid by the | 19 |
| appropriate
electoral board provided in Section 10-9 of this | 20 |
| Act shall not be so certified. The
certification shall be | 21 |
| modified as necessary to comply with the
requirements of any | 22 |
| other statute or any ordinance adopted pursuant to
Article VII | 23 |
| of the Constitution prescribing specific provisions for
| 24 |
| nonpartisan elections, including without limitation Articles 4 | 25 |
| and 5 of
"The Municipal Code" or Article 9 of The School Code.
|
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| In every instance where applicable, the following shall | 2 |
| also be indicated
in the certification:
| 3 |
| (1) The political party affiliation, if any, of the | 4 |
| candidates for the
respective offices;
| 5 |
| (2) Where there is to be more than one candidate elected to | 6 |
| an office
from a political subdivision or district;
| 7 |
| (3) Where a voter has the right to vote for more than one
| 8 |
| candidate for an office;
| 9 |
| (4) The terms of the office to be on the ballot, when a | 10 |
| vacancy is to
be filled for less than a full term, or when | 11 |
| offices of a particular subdivision
to be on the ballot at the | 12 |
| same election are to be filled for different terms;
| 13 |
| (5) The territory in which a candidate is required by law | 14 |
| to reside, when
such residency requirement is not identical to | 15 |
| the territory of the political
subdivision from which the | 16 |
| candidate is to be elected or nominated;
| 17 |
| (6) Where a candidate's nominating papers or petitions have | 18 |
| been objected to and the objection has been sustained by the | 19 |
| electoral board established in Section 10-10, the words | 20 |
| "OBJECTION SUSTAINED" shall be placed under the title of the | 21 |
| office being sought by the candidate and the name of the | 22 |
| aggrieved candidate shall not appear; and
| 23 |
| (7) Where a candidate's nominating papers or petitions have | 24 |
| been objected to and the decision of the electoral board | 25 |
| established in Section 10-10 is either unknown or known to be | 26 |
| in judicial review, the words "OBJECTION PENDING" shall be |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| placed under the title of the office being sought by the | 2 |
| candidate and next to the name of the candidate.
| 3 |
| For the consolidated election, and for the general primary | 4 |
| in the case
of certain municipalities having annual elections, | 5 |
| the candidates of new
political parties shall be placed on the | 6 |
| ballot for such elections after
the established political party | 7 |
| candidates and in the order of new political
party petition | 8 |
| filings.
| 9 |
| The local election official shall issue an amended | 10 |
| certification
whenever it is discovered that the original | 11 |
| certification is in error.
| 12 |
| (Source: P.A. 95-699, eff. 11-9-07.)
| 13 |
| (10 ILCS 5/19-2.1) (from Ch. 46, par. 19-2.1) | 14 |
| Sec. 19-2.1. At the consolidated primary, general primary,
| 15 |
| consolidated, and general elections, electors entitled
to vote
| 16 |
| by absentee ballot under the provisions of Section 19-1
may | 17 |
| vote in person at the office of the municipal clerk, if the | 18 |
| elector
is a resident of a municipality not having a board of | 19 |
| election commissioners,
or at the office of the township clerk | 20 |
| or, in counties not under township
organization, at the office | 21 |
| of the road district clerk if the elector is
not a resident of | 22 |
| a municipality; provided, in each case that the municipal,
| 23 |
| township or road district clerk, as the case may be, is | 24 |
| authorized to conduct
in-person absentee voting pursuant to | 25 |
| this Section. Absentee voting in such
municipal and township |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| clerk's offices under this Section shall be
conducted from the | 2 |
| 22nd day through the day before the election. | 3 |
| Municipal and township clerks (or road district clerks) who | 4 |
| have regularly
scheduled working hours at regularly designated | 5 |
| offices other than a place
of residence and whose offices are | 6 |
| open for business during the same hours
as the office of the | 7 |
| election authority shall conduct in-person absentee
voting for | 8 |
| said elections. Municipal and township clerks (or road district
| 9 |
| clerks) who have no regularly scheduled working hours but who | 10 |
| have regularly
designated offices other than a place of | 11 |
| residence shall conduct in-person
absentee voting for said | 12 |
| elections during the hours of 8:30 a.m. to 4:30
p.m. or 9:00 | 13 |
| a.m. to 5:00 p.m., weekdays, and 9:00 a.m. to 12:00
noon on | 14 |
| Saturdays, but not during such hours as the office of the | 15 |
| election
authority is closed, unless the clerk files a written | 16 |
| waiver with the
election authority not later than July 1 of | 17 |
| each year stating that he or
she is unable to conduct such | 18 |
| voting and the reasons therefor. Such clerks
who conduct | 19 |
| in-person absentee voting may extend their hours for that
| 20 |
| purpose to include any hours in which the election authority's | 21 |
| office is
open. Municipal and township clerks (or
road district | 22 |
| clerks) who have no regularly scheduled office hours and no
| 23 |
| regularly designated offices other than a place of residence | 24 |
| may not conduct
in-person absentee voting for said elections. | 25 |
| The election authority may
devise alternative methods for | 26 |
| in-person absentee voting before said elections
for those |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| precincts located within the territorial area of a municipality
| 2 |
| or township (or road district) wherein the clerk of such | 3 |
| municipality or
township (or road district) has waived or is | 4 |
| not entitled to conduct such
voting.
In addition, electors may | 5 |
| vote by absentee ballot under the provisions of
Section 19-1 at | 6 |
| the office of the election authority having jurisdiction
over | 7 |
| their residence. Unless specifically authorized by the | 8 |
| election authority, municipal,
township, and road district | 9 |
| clerks shall not conduct in-person absentee
voting. No less | 10 |
| than 45 days
before the date of an election, the election | 11 |
| authority shall notify the
municipal, township, and road | 12 |
| district clerks within its jurisdiction if
they are to conduct | 13 |
| in-person absentee voting. Election authorities, however, may | 14 |
| conduct in-person absentee voting in one or more designated
| 15 |
| appropriate public buildings from the fourth
day before the | 16 |
| election through
the day before the election.
| 17 |
| In conducting in-person absentee voting under this | 18 |
| Section, the respective
clerks shall be required to verify the | 19 |
| signature of the absentee
voter by comparison with the | 20 |
| signature on the official registration
record card. The clerk | 21 |
| also shall reasonably ascertain the identity
of such applicant, | 22 |
| shall verify that each such applicant is a registered
voter, | 23 |
| and shall verify the precinct in which he or she is registered
| 24 |
| and the proper ballots of the political subdivisions in which | 25 |
| the
applicant resides and is entitled to vote, prior to | 26 |
| providing any
absentee ballot to such applicant. The clerk |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| shall verify the
applicant's registration and from the most | 2 |
| recent poll list provided by
the county clerk, and if the | 3 |
| applicant is not listed on that poll list
then by telephoning | 4 |
| the office of the county clerk. | 5 |
| Absentee voting procedures in the office of the municipal, | 6 |
| township
and road district clerks shall be subject to all of | 7 |
| the applicable
provisions of this Article 19.
Pollwatchers may | 8 |
| be appointed to observe in-person absentee voting
procedures | 9 |
| and view all reasonably requested records relating to the | 10 |
| conduct of the election, provided the secrecy of the ballot is | 11 |
| not impinged, at the office of the municipal, township or road | 12 |
| district
clerks' offices where such absentee voting is | 13 |
| conducted. Such pollwatchers
shall qualify and be appointed in | 14 |
| the same manner as provided in Sections
7-34 and 17-23, except | 15 |
| each candidate, political party or
organization of citizens may | 16 |
| appoint only one pollwatcher for each location
where in-person | 17 |
| absentee voting is conducted. Pollwatchers must
be registered | 18 |
| to vote in Illinois and possess
valid pollwatcher credentials.
| 19 |
| All requirements in this Article
applicable to election | 20 |
| authorities shall apply to the respective local
clerks, except | 21 |
| where inconsistent with this Section. | 22 |
| The sealed absentee ballots in their carrier envelope shall | 23 |
| be
delivered by the respective clerks, or by the election | 24 |
| authority on behalf of
a clerk if the clerk and the election
| 25 |
| authority agree, to the election authority's central ballot | 26 |
| counting location
before the close of the polls on the day of |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| the general primary,
consolidated primary, consolidated, or | 2 |
| general election. | 3 |
| Not more than 23 days before the general and consolidated
| 4 |
| elections, the county clerk shall make available to those
| 5 |
| municipal, township and road district clerks conducting | 6 |
| in-person absentee
voting within such county, a sufficient
| 7 |
| number of applications, absentee ballots, envelopes, and | 8 |
| printed voting
instruction slips for use by absentee voters in | 9 |
| the offices of such
clerks. The respective clerks shall receipt | 10 |
| for all ballots received,
shall return all unused or spoiled | 11 |
| ballots to the county clerk on the
day of the election and | 12 |
| shall strictly account for all ballots received. | 13 |
| The ballots delivered to the respective clerks shall | 14 |
| include absentee
ballots for each precinct in the municipality, | 15 |
| township or road
district, or shall include such separate | 16 |
| ballots for each political
subdivision conducting an election | 17 |
| of officers or a referendum on that
election day as will permit | 18 |
| any resident of the municipality, township
or road district to | 19 |
| vote absentee in the office of the proper clerk. | 20 |
| The clerks of all municipalities, townships and road | 21 |
| districts may
distribute applications for absentee ballot for | 22 |
| the use of voters who
wish to mail such applications to the | 23 |
| appropriate election authority. Any person may reproduce, | 24 |
| distribute, or return to an election authority the application | 25 |
| for absentee ballot. Upon receipt, the appropriate election | 26 |
| authority shall accept and promptly process any application for |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| absentee ballot.
Such applications for absentee ballots shall | 2 |
| be made on forms provided
by the election authority. | 3 |
| Duplication of such forms by the municipal,
township or road | 4 |
| district clerk is prohibited. | 5 |
| (Source: P.A. 93-574, eff. 8-21-03; 94-645, eff. 8-22-05; | 6 |
| 94-1000, eff. 7-3-06.) | 7 |
| (10 ILCS 5/19-3) (from Ch. 46, par. 19-3) | 8 |
| Sec. 19-3. Application for such ballot shall be made on | 9 |
| blanks to be
furnished by the election authority and | 10 |
| duplication of such application
for ballot is prohibited, | 11 |
| except by the election authority. The
application for absentee | 12 |
| ballot shall be substantially in the
following form: | 13 |
| APPLICATION FOR ABSENTEE BALLOT | 14 |
| To be voted at the .... election in the County of .... and | 15 |
| State of
Illinois, in the .... precinct of the (1) *township of | 16 |
| .... (2) *City of
.... or (3) *.... ward in the City of .... | 17 |
| I state that I am a resident of the .... precinct of the | 18 |
| (1)
*township of .... (2) *City of .... or (3) *.... ward in | 19 |
| the city of
.... residing at .... in such city or town in the | 20 |
| county of .... and
State of Illinois; that I have lived at such | 21 |
| address for .... month(s)
last past; that I am lawfully | 22 |
| entitled to vote in such precinct at the
.... election to be | 23 |
| held therein on ....; and that I wish to vote by absentee | 24 |
| ballot. | 25 |
| I hereby make application for an official ballot or ballots |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| to be
voted by me at such election, and I agree that I shall | 2 |
| return such ballot or ballots to the
official issuing the same | 3 |
| prior to the closing of the polls on the date
of the election | 4 |
| or, if returned by mail, postmarked no later than midnight | 5 |
| preceding election day, for counting no later than during the | 6 |
| period for counting provisional ballots, the last day of which | 7 |
| is the 14th day following election day. | 8 |
| Under penalties as provided by law pursuant to Section | 9 |
| 29-10 of The
Election Code, the undersigned certifies that the | 10 |
| statements set forth
in this application are true and correct. | 11 |
| .... | 12 |
| *fill in either (1), (2) or (3). | 13 |
| Post office address to which ballot is mailed: | 14 |
| ............... | 15 |
| However, if application is made for a primary election | 16 |
| ballot, such
application shall require the applicant to | 17 |
| designate the name of the political party with which
the | 18 |
| applicant is affiliated. | 19 |
| Any person may reproduce, distribute, or return to an | 20 |
| election authority the application for absentee ballot. Upon | 21 |
| receipt, the appropriate election authority shall accept and | 22 |
| promptly process any application for absentee ballot. | 23 |
| or, if returned by mail, postmarked no later than midnight | 24 |
| preceding election day, for counting no later than during the | 25 |
| period for counting provisional ballots, the last day of which | 26 |
| is the 14th day following election day |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| or, if returned by mail, postmarked no later than midnight | 2 |
| preceding election day, for counting no later than during the | 3 |
| period for counting provisional ballots, the last day of which | 4 |
| is the 14th day following election day | 5 |
| or, if returned by mail, postmarked no later than midnight | 6 |
| preceding election day, for counting no later than during the | 7 |
| period for counting provisional ballots, the last day of which | 8 |
| is the 14th day following election day | 9 |
| or, if returned by mail, postmarked no later than midnight | 10 |
| preceding election day, for counting no later than during the | 11 |
| period for counting provisional ballots, the last day of which | 12 |
| is the 14th day following election day | 13 |
| or, if returned by mail, postmarked no later than midnight | 14 |
| preceding election day, for counting no later than during the | 15 |
| period for counting provisional ballots, the last day of which | 16 |
| is the 14th day following election day | 17 |
| or, if returned by mail, postmarked no later than midnight | 18 |
| preceding election day, for counting no later than during the | 19 |
| period for counting provisional ballots, the last day of which | 20 |
| is the 14th day following election day | 21 |
| or, if returned by mail, postmarked no later than midnight | 22 |
| preceding election day, for counting no later than during the | 23 |
| period for counting provisional ballots, the last day of which | 24 |
| is the 14th day following election day | 25 |
| (Source: P.A. 95-440, eff. 8-27-07; 96-312, eff. 1-1-10; | 26 |
| 96-553, eff. 8-17-09; revised 9-15-09.)
|
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
| 2 |
| Sec. 28-2. (a) Except as otherwise provided in this | 3 |
| Section, petitions
for the submission of public questions to | 4 |
| referendum must be filed with the
appropriate officer or board | 5 |
| not less than 92 78 days prior to a regular
election to be | 6 |
| eligible for submission on the ballot at such election; and
| 7 |
| petitions for the submission of a question under Section 18-120 | 8 |
| of the
Property Tax Code must be filed with the appropriate | 9 |
| officer or board not more
than 10 months nor less than 6 months | 10 |
| prior to the election at which such
question is to be submitted | 11 |
| to the voters.
| 12 |
| (b) However, petitions for the submission of a public | 13 |
| question to
referendum which proposes the creation or formation | 14 |
| of a political
subdivision must be filed with the appropriate | 15 |
| officer or board not less
than 122 108 days prior to a regular | 16 |
| election to be eligible for submission on
the ballot at such | 17 |
| election.
| 18 |
| (c) Resolutions or ordinances of governing boards of | 19 |
| political
subdivisions which initiate the submission of public | 20 |
| questions pursuant
to law must be adopted not less than 79 65 | 21 |
| days before a regularly scheduled
election to be eligible for | 22 |
| submission on the ballot at such election.
| 23 |
| (d) A petition, resolution or ordinance initiating the | 24 |
| submission of a
public question may specify a regular election | 25 |
| at which the question is
to be submitted, and must so specify |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| if the statute authorizing the
public question requires | 2 |
| submission at a particular election. However,
no petition, | 3 |
| resolution or ordinance initiating the submission of a
public | 4 |
| question, other than a legislative resolution initiating an
| 5 |
| amendment to the Constitution, may specify such submission at | 6 |
| an
election more than one year, or 15 months in the case of a | 7 |
| back door referendum as defined in subsection (f), after the | 8 |
| date on which it is filed or
adopted, as the case may be. A | 9 |
| petition, resolution or ordinance
initiating a public question | 10 |
| which specifies a particular election at
which the question is | 11 |
| to be submitted shall be so limited, and shall not
be valid as | 12 |
| to any other election, other than an emergency referendum
| 13 |
| ordered pursuant to Section 2A-1.4.
| 14 |
| (e) If a petition initiating a public question does not | 15 |
| specify a
regularly scheduled election, the public question | 16 |
| shall be submitted to
referendum at the next regular election | 17 |
| occurring not less than 92 78 days
after the filing of the | 18 |
| petition, or not less than 122 108 days after the
filing of a | 19 |
| petition for referendum to create a political subdivision. If
a | 20 |
| resolution or ordinance initiating a public question does not | 21 |
| specify a
regularly scheduled election, the public question | 22 |
| shall be submitted to
referendum at the next regular election | 23 |
| occurring not less than 79 65 days
after the adoption of the | 24 |
| resolution or ordinance.
| 25 |
| (f) In the case of back door referenda, any limitations in | 26 |
| another
statute authorizing such a referendum which restrict |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| the time in which
the initiating petition may be validly filed | 2 |
| shall apply to such
petition, in addition to the filing | 3 |
| deadlines specified in this Section
for submission at a | 4 |
| particular election. In the case of any back door
referendum, | 5 |
| the publication of the ordinance or resolution of the political
| 6 |
| subdivision shall include a notice of (1) the specific number | 7 |
| of voters
required to sign a petition requesting that a public | 8 |
| question be submitted
to the voters of the subdivision; (2) the | 9 |
| time within which the petition must
be filed; and (3) the date | 10 |
| of the prospective referendum. The secretary or
clerk of the | 11 |
| political subdivision shall provide a petition form to any
| 12 |
| individual requesting one. The legal sufficiency of that form, | 13 |
| if provided by the secretary or clerk of the political | 14 |
| subdivision, cannot be the basis of a challenge to placing the | 15 |
| back door referendum on the ballot. As used herein, a "back | 16 |
| door
referendum" is the submission of a public question to the | 17 |
| voters of a
political subdivision, initiated by a petition of | 18 |
| voters or residents of
such political subdivision, to determine | 19 |
| whether an action by the
governing body of such subdivision | 20 |
| shall be adopted or rejected.
| 21 |
| (g) A petition for the incorporation or formation of a new
| 22 |
| political subdivision whose officers are to be elected rather | 23 |
| than appointed
must have attached to it an affidavit attesting | 24 |
| that at least 122 108 days and
no more than 152 138 days prior | 25 |
| to such election notice of intention to file
such petition was | 26 |
| published in a newspaper published within the proposed
|
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| political subdivision, or if none, in a newspaper of general | 2 |
| circulation
within the territory of the proposed political | 3 |
| subdivision in substantially
the following form:
| 4 |
| NOTICE OF PETITION TO FORM A NEW........
| 5 |
| Residents of the territory described below are notified | 6 |
| that a petition
will or has been filed in the Office | 7 |
| of............requesting a referendum
to establish a | 8 |
| new........, to be called the............
| 9 |
| *The officers of the new...........will be elected on the | 10 |
| same day as the
referendum. Candidates for the governing board | 11 |
| of the new......may file
nominating petitions with the officer | 12 |
| named above until...........
| 13 |
| The territory proposed to comprise the new........is | 14 |
| described as follows:
| 15 |
| (description of territory included in petition)
| 16 |
| (signature)....................................
| 17 |
| Name and address of person or persons proposing
| 18 |
| the new political subdivision.
| 19 |
| * Where applicable.
| 20 |
| Failure to file such affidavit, or failure to publish the | 21 |
| required notice
with the correct information contained therein | 22 |
| shall render the petition,
and any referendum held pursuant to | 23 |
| such petition, null and void.
| 24 |
| Notwithstanding the foregoing provisions of this | 25 |
| subsection (g) or any
other provisions of this Code, the | 26 |
| publication of notice and affidavit
requirements of this |
|
|
|
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|
| 1 |
| subsection (g) shall not apply to any petition filed
under | 2 |
| Article 7 or 11E of the School Code nor to any
referendum
held | 3 |
| pursuant to any such petition, and neither any petition filed | 4 |
| under
any of those Articles nor any referendum held pursuant to | 5 |
| any such petition
shall be rendered null and void because of | 6 |
| the failure to file an affidavit
or publish a notice with | 7 |
| respect to the petition or referendum as required
under this | 8 |
| subsection (g) for petitions that are not filed under any of
| 9 |
| those Articles of the School Code.
| 10 |
| (Source: P.A. 94-30, eff. 6-14-05; 94-578, eff. 8-12-05; | 11 |
| 94-1019, eff. 7-10-06.)
| 12 |
| Section 10. The Revised Cities and Villages Act of 1941 is | 13 |
| amended by changing Section 21-29 as follows:
| 14 |
| (65 ILCS 20/21-29) (from Ch. 24, par. 21-29)
| 15 |
| Sec. 21-29. Withdrawals and substitution of candidates.
| 16 |
| Any candidate for alderman under the provisions of this | 17 |
| article may
withdraw his name as a candidate by filing with the | 18 |
| board of election
commissioners of the city of Chicago not | 19 |
| later than the date of certification of the ballot twenty days | 20 |
| before the
holding of the election his written request signed | 21 |
| by him and duly
acknowledged before an officer qualified to | 22 |
| take acknowledgements of
deeds, whereupon his name shall not be | 23 |
| printed as a candidate upon the
official ballot.
| 24 |
| If any candidate at an aldermanic election who was not |
|
|
|
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|
| 1 |
| elected as
provided for in this article but who shall have | 2 |
| received sufficient votes
to entitle him to a place on the | 3 |
| official ballot at the ensuing
supplementary election shall die | 4 |
| or withdraw his candidacy before such
supplementary election, | 5 |
| the name of the candidate who shall receive the
next highest | 6 |
| number of votes shall be printed on the ballot in lieu of the
| 7 |
| name of the candidate who shall have died or withdrawn his | 8 |
| candidacy.
| 9 |
| (Source: Laws 1941, vol. 2, p. 19 .)
| 10 |
| Section 15. The Liquor Control Act of 1934 is amended by | 11 |
| changing Sections 9-2 and 9-4 as follows:
| 12 |
| (235 ILCS 5/9-2) (from Ch. 43, par. 167)
| 13 |
| Sec. 9-2.
When any legal voters of a precinct in any city, | 14 |
| village or
incorporated town of more than 200,000 inhabitants, | 15 |
| as determined by the
last preceding Federal census, desire to | 16 |
| pass upon the question of
whether the sale at retail of | 17 |
| alcoholic liquor shall be prohibited in
the precinct or at a | 18 |
| particular street address
within the
precinct, they shall, at | 19 |
| least 104 90 days before an election, file in
the office of the | 20 |
| clerk of such city, village or incorporated town, a
petition | 21 |
| directed to the clerk, containing the signatures of not less
| 22 |
| than 25% of the legal voters registered with the board of | 23 |
| election
commissioners or county clerk, as the case may be, | 24 |
| from the precinct.
Provided, however, that when the petition |
|
|
|
SB3012 Enrolled |
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|
| 1 |
| seeks to prohibit the sale at
retail of alcoholic liquor at a | 2 |
| particular street address of a licensed
establishment within
| 3 |
| the precinct the petition shall contain the signatures of not | 4 |
| less than 40%
of the legal voters requested from that precinct.
| 5 |
| The petition shall request that the proposition "Shall the sale | 6 |
| at
retail of alcoholic liquor be prohibited in (or at) ....?" | 7 |
| be submitted to the
voters of the precinct at the next ensuing | 8 |
| election at which such
proposition may be voted upon. The | 9 |
| submission of the question to the
voters of such precinct at | 10 |
| such election shall be mandatory when the
petition has been | 11 |
| filed in proper form with the clerk. If more than one
set of | 12 |
| petitions are presented to the clerk for submission at the same
| 13 |
| election, the petition
presented first shall be given
| 14 |
| preference; however, the clerk shall provisionally accept any | 15 |
| other set of petitions setting forth the same (or
substantially | 16 |
| the same) proposition. If the first set of petitions for a
| 17 |
| proposition is found to be in proper form and is not found to | 18 |
| be invalid, it
shall be accepted by the clerk and all | 19 |
| provisionally accepted sets of
petitions setting forth the same | 20 |
| (or substantially the same) proposition shall
be rejected by | 21 |
| the clerk. If the first set of petitions for a proposition is
| 22 |
| found not to be in proper form or is found to be invalid, the | 23 |
| clerk shall (i)
reject the first set of
petitions, (ii) accept | 24 |
| the first provisionally accepted set of petitions that
is in | 25 |
| proper form and is not found to be invalid, and (iii) reject | 26 |
| all other
provisionally accepted sets of
petitions setting |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| forth the same (or substantially the same) proposition.
Notice | 2 |
| of the filing of the petition
and the result of the election | 3 |
| shall be given to the Secretary of State
at his offices in | 4 |
| both, Chicago and Springfield, Illinois. A return of
the result | 5 |
| of the election shall be made to the clerk of the city,
village | 6 |
| or incorporated town in which the precinct is located. If a
| 7 |
| majority of the voters voting upon such proposition vote "YES", | 8 |
| the sale
at retail of alcoholic liquor shall be prohibited in | 9 |
| the precinct or at
the street address.
If the sale at retail of | 10 |
| alcoholic liquor at a particular street address is prohibited | 11 |
| pursuant to this Section, the license for any
establishment at | 12 |
| that street address shall be void, and no person may apply
for | 13 |
| a license for the
sale at retail of alcoholic liquor at an | 14 |
| establishment at that
street address unless such
prohibition is | 15 |
| discontinued pursuant to Section 9-10.
| 16 |
| In cities, villages and incorporated towns of 200,000 or | 17 |
| less
population, as determined by the last preceding Federal | 18 |
| census, the vote
upon the question of prohibiting the sale at | 19 |
| retail of alcoholic liquor,
or alcoholic liquor other than beer | 20 |
| containing not more than 4% of
alcohol by volume, or alcoholic | 21 |
| liquor containing more than 4% of
alcohol by weight in the | 22 |
| original package and not for consumption on the
premises, shall | 23 |
| be by the voters of the political subdivision as a unit.
When | 24 |
| any legal voters of such a city, village or incorporated town
| 25 |
| desire to pass upon the question of whether the sale at retail | 26 |
| of
alcoholic liquor shall be prohibited in the municipality, |
|
|
|
SB3012 Enrolled |
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|
| 1 |
| they shall, at
least 104 90 days before an election, file in | 2 |
| the office of the clerk of the
municipality, a petition | 3 |
| directed to the clerk, containing the
signatures of not less | 4 |
| than 25% of the legal voters registered with the
board of | 5 |
| election commissioners or county clerk, as the case may be,
| 6 |
| from the municipality.
The petition shall request that the | 7 |
| proposition,
"Shall the sale at retail of alcoholic liquor be | 8 |
| prohibited in....?" be
submitted to the voters of the | 9 |
| municipality at the next ensuing election
at which the | 10 |
| proposition may be voted upon. The submission of the
question | 11 |
| to the voters of the municipality at such election shall be
| 12 |
| mandatory when the petition has been filed in proper form with | 13 |
| the
clerk. If more than one set of petitions are presented to | 14 |
| the clerk for
submission at the same election, setting forth | 15 |
| the same or different
propositions, the petition presented | 16 |
| first shall be given preference and
the clerk shall refuse to | 17 |
| accept any other set of petitions. Notice of
the filing of the | 18 |
| petition and the result of the election shall be given
to the | 19 |
| Secretary of State at his offices in both Chicago and
| 20 |
| Springfield, Illinois. A return of the result of the election | 21 |
| shall be
made to the clerk of the city, village or incorporated | 22 |
| town. If a
majority of the voters voting upon the proposition | 23 |
| vote "Yes", the sale
at retail of alcoholic liquor shall be | 24 |
| prohibited in the municipality.
| 25 |
| In the event a municipality does not vote to prohibit the | 26 |
| sale at
retail of alcoholic liquor, the council or governing |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| body shall
ascertain and determine what portions of the | 2 |
| municipality are
predominantly residence districts. No license | 3 |
| permitting the sale of
alcoholic liquors shall be issued by the | 4 |
| local liquor commissioner or
licensing officer permitting the | 5 |
| sale of alcoholic liquors at any place
within the residence | 6 |
| district so determined, unless the owner or owners
of at least | 7 |
| two-thirds of the frontage, 200 feet in each direction along
| 8 |
| the street and streets adjacent to the place of business for | 9 |
| which a
license is sought, file with the local liquor | 10 |
| commissioner or licensing
officer, his or their written consent | 11 |
| to the use of such place for the
sale of alcoholic liquors.
| 12 |
| In each township or road district lying outside the | 13 |
| corporate limits
of a city, village or incorporated town, or in | 14 |
| a part of a township or
road district lying partly within and | 15 |
| partly outside a city, village or
incorporated town, the vote | 16 |
| of such township, road district or part
thereof, shall be as a | 17 |
| unit. When any legal voters of any such township,
or part | 18 |
| thereof, in counties under township organization, or any legal
| 19 |
| voters of such road district or part thereof, in counties not | 20 |
| under
township organization, desire to vote upon the | 21 |
| proposition as to whether
the sale at retail of alcoholic | 22 |
| liquor shall be prohibited in such
township or road district or | 23 |
| part thereof, they shall, at least 90 days
before an election, | 24 |
| file in the office of the township or road district
clerk, of | 25 |
| the township or road district within which the election is to
| 26 |
| be held, a petition directed to the clerk and containing the |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| signatures
of not less than 25% of the legal voters registered | 2 |
| with the county
clerk from such township or road district or | 3 |
| part thereof.
The submission of the question to the voters of | 4 |
| the township, road district
or part thereof, at the next | 5 |
| ensuing election shall be mandatory when
the petition has been | 6 |
| filed in proper form with the clerk. If more than
one set of | 7 |
| petitions are presented to the clerk for submission at the
same | 8 |
| election, setting forth the same or different propositions, the
| 9 |
| petition presented first shall be given preference and the | 10 |
| clerk shall
refuse to accept any other set of petitions. A | 11 |
| return of the result of
such election shall be made to the | 12 |
| clerk of the township or road
district in which the territory | 13 |
| is situated, and shall also be made to
the Secretary of State | 14 |
| at his offices in both Chicago and Springfield,
Illinois.
| 15 |
| (Source: P.A. 88-613, eff. 1-1-95.)
| 16 |
| (235 ILCS 5/9-4) (from Ch. 43, par. 169)
| 17 |
| Sec. 9-4.
A petition for submission of the proposition | 18 |
| shall be in
substantially the following form:
| 19 |
| To the .... clerk of the (here insert the corporate or | 20 |
| legal name of
the county, township, road district, city, | 21 |
| village or incorporated
town):
| 22 |
| The undersigned, residents and legal voters of the .... | 23 |
| (insert the
legal name or correct designation of the political | 24 |
| subdivision or
precinct, as the case may be), respectfully | 25 |
| petition that you cause to
be submitted, in the manner provided |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| by law, to the voters thereof, at
the next election, the | 2 |
| proposition "Shall the sale at retail of
alcoholic liquor (or | 3 |
| alcoholic liquor other than beer containing not
more than 4% of | 4 |
| alcohol by weight) (or alcoholic liquor containing more
than 4% | 5 |
| of alcohol by weight except in the original package and not for
| 6 |
| consumption on the premises) be prohibited in this .... (or at | 7 |
| the
following address ....)?"
| 8 |
| -------------------------------------------------------------
| 9 |
| Name of P. O. address Description of precinct Date of
| 10 |
| signer (including township, road district signing
| 11 |
| street no., or part thereof, as of
| 12 |
| if any). the last general
| 13 |
| election
| 14 |
| -------------------------------------------------------------
| 15 |
| A petition for a proposition to be submitted to the voters | 16 |
| of a precinct
shall also contain in plain and nonlegal language | 17 |
| a description of the
precinct to which the proposition is to be | 18 |
| submitted at the election.
The description shall describe the | 19 |
| territory of the precinct by reference
to streets, natural or | 20 |
| artificial landmarks, addresses, or by any other
method which | 21 |
| would enable a voter signing such petition to be informed of
| 22 |
| the territory of the precinct. Each such petition for a | 23 |
| precinct
referendum shall also contain a list of the names and | 24 |
| addresses of all
licensees in the precinct.
| 25 |
| Such petition shall conform to the requirements of the | 26 |
| general election
law, as to form and signature requirements. |
|
|
|
SB3012 Enrolled |
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|
| 1 |
| The circulator's statement
shall include an attestation of: (1) | 2 |
| that none of the signatures on this
petition sheet were signed | 3 |
| more than 4 months before the filing of this
petition, or (2) | 4 |
| the dates on which the petitioners signed the petition,
and | 5 |
| shall be sworn to before an officer residing in the county | 6 |
| where such
legal voters reside and authorized to administer | 7 |
| oaths therein. No
signature shall be revoked except by a | 8 |
| revocation filed within 20 days from
the filing of the petition | 9 |
| with the clerk with whom the petition is
required to be filed. | 10 |
| Upon request of any citizen for a photostatic copy of
the | 11 |
| petition and paying or tendering to the clerk the costs of | 12 |
| making the
photostatic copy, the clerk shall immediately make, | 13 |
| or cause to be made a
photostatic copy of such petition. The | 14 |
| clerk shall also deliver to such
person, his official | 15 |
| certification that such copy is a true copy of the
original, | 16 |
| stating the day when such original was filed in his office. Any
| 17 |
| 5 legal voters or any affected licensee of any political | 18 |
| subdivision,
district or precinct in which a proposed election | 19 |
| is about to be held as
provided for in this Act, within any | 20 |
| time up to 72 30 days immediately prior
to the date of such | 21 |
| proposed election and upon filing a bond for costs, may
contest | 22 |
| the validity of the petitions for such election by filing a
| 23 |
| verified petition in the Circuit Court for the county in which | 24 |
| the
political subdivision, district or precinct is situated, | 25 |
| setting forth
the grounds for contesting the validity of such | 26 |
| petitions. Upon the
filing of the petition, a summons shall be |
|
|
|
SB3012 Enrolled |
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LRB096 19629 JAM 35025 b |
|
| 1 |
| issued by the Court,
addressed to the appropriate city, | 2 |
| village, town, township or road
district clerk, notifying the | 3 |
| clerk of the filing of the petition and
directing him to appear | 4 |
| before the Court on behalf of the political
subdivision or | 5 |
| district at the time named in the summons; provided, the
time | 6 |
| shall not be less than 5 days nor more than 15 days after the
| 7 |
| filing of the petition. The procedure in these cases, as far as | 8 |
| may be
applicable, shall be the same as that provided for the | 9 |
| objections to
petitions in the general election law. Any legal | 10 |
| voter in the political
subdivision or precinct in which such | 11 |
| election is to be held may appear in
person or by counsel, in | 12 |
| any such contest to defend or oppose the validity
of the | 13 |
| petition for election.
| 14 |
| The municipal, town or road district clerk shall certify | 15 |
| the proposition
to be submitted at the election to the | 16 |
| appropriate election officials, in
accordance with the general | 17 |
| election law, unless the petition has been
determined to be | 18 |
| invalid. If the court determines the petitions to be
invalid | 19 |
| subsequent to the certification by the clerk, the court's order
| 20 |
| shall be transmitted to the election officials and shall | 21 |
| nullify such
certification.
| 22 |
| (Source: P.A. 86-861; 87-347 .)
| 23 |
| Section 99. Effective date. This Act takes effect upon | 24 |
| becoming law.
|
|