Full Text of HB2854 97th General Assembly
HB2854 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2854 Introduced 2/22/2011, by Rep. Jim Watson SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-10 | from Ch. 46, par. 7-10 |
10 ILCS 5/7-12 | from Ch. 46, par. 7-12 |
10 ILCS 5/10-4 | from Ch. 46, par. 10-4 |
10 ILCS 5/10-6.1 | from Ch. 46, par. 10-6.1 |
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Amends the Election Code. Provides that, in lieu of filing a petition for nomination, a candidate may pay a filing fee to the office of the State or local election official charged with accepting nomination petitions for that office. Provides that the fee shall be equal to 1% of the annual salary of the office for which the candidate is seeking nomination or $50 if the office is non-salaried.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning elections.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Election Code is amended by changing | 5 | | Sections 7-10, 7-12, 10-4, and 10-6.1 as follows:
| 6 | | (10 ILCS 5/7-10) (from Ch. 46, par. 7-10)
| 7 | | Sec. 7-10. Form of petition for nomination. The name of no | 8 | | candidate for
nomination, or State central committeeman, or | 9 | | township committeeman, or
precinct committeeman, or ward | 10 | | committeeman or candidate for delegate or
alternate delegate to | 11 | | national nominating conventions, shall be printed
upon the | 12 | | primary ballot unless he or she pays a filing fee as provided | 13 | | in this Section or unless a petition for nomination has been | 14 | | filed in
his behalf as provided in this Article in | 15 | | substantially the following form:
| 16 | | We, the undersigned, members of and affiliated with the | 17 | | .... party
and qualified primary electors of the .... party, in | 18 | | the .... of ....,
in the county of .... and State of Illinois, | 19 | | do hereby petition that
the following named person or persons | 20 | | shall be a candidate or candidates
of the .... party for the | 21 | | nomination for (or in case of committeemen for
election to) the | 22 | | office or offices hereinafter specified, to be voted
for at the | 23 | | primary election to be held on (insert date).
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| 1 | | Name |
Office |
Address |
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2 | | John Jones |
Governor |
Belvidere, Ill. |
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3 | | Jane James | Lieutenant Governor | Peoria, Ill. |
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4 | | Thomas Smith |
Attorney General |
Oakland, Ill. |
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5 | | Name.................. Address.......................
| 6 | | State of Illinois)
| 7 | | ) ss.
| 8 | | County of........)
| 9 | | I, ...., do hereby certify
that I reside at No. .... | 10 | | street, in the .... of ...., county of ....,
and State of | 11 | | ....., that I am 18 years of age or older, that
I am a citizen | 12 | | of the United States, and that the signatures on this sheet
| 13 | | were signed
in my presence, and are genuine, and that to the | 14 | | best of my knowledge
and belief the persons so signing were at | 15 | | the time of signing the
petitions qualified voters of the .... | 16 | | party, and that their respective
residences are correctly | 17 | | stated, as above set forth.
| 18 | | .........................
| 19 | | Subscribed and sworn to before me on (insert date).
| 20 | | .........................
| 21 | | Each sheet of the petition other than the statement of | 22 | | candidacy and
candidate's statement shall be of uniform size | 23 | | and shall contain above
the space for signatures an appropriate |
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| 1 | | heading giving the information
as to name of candidate or | 2 | | candidates, in whose behalf such petition is
signed; the | 3 | | office, the political party represented and place of
residence; | 4 | | and the heading of each sheet shall be the same.
| 5 | | Such petition shall be signed by qualified primary electors | 6 | | residing
in the political division for which the nomination is | 7 | | sought in their
own proper persons only and opposite the | 8 | | signature of each signer, his
residence address shall be | 9 | | written or printed. The residence address
required to be | 10 | | written or printed opposite each qualified primary elector's
| 11 | | name shall include the street address or rural route number of | 12 | | the signer,
as the case may be, as well as the signer's county, | 13 | | and city, village or
town, and state.
However the county or | 14 | | city, village or town, and state of residence of
the electors | 15 | | may be printed on the petition forms where all of the
electors | 16 | | signing the petition reside in the same county or city, village
| 17 | | or town, and state. Standard abbreviations may be used in | 18 | | writing the
residence address, including street number, if any. | 19 | | At the bottom of
each sheet of such petition shall be added a | 20 | | circulator statement signed by
a person 18 years of age or | 21 | | older who is a citizen of the United States,
stating the street | 22 | | address or rural route number, as the case may be, as well
as | 23 | | the county, city, village or town, and state;
and certifying | 24 | | that the signatures on that sheet of the petition were signed | 25 | | in
his or her presence and certifying that the signatures are | 26 | | genuine; and
either (1) indicating the dates on which that |
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| 1 | | sheet was circulated, or (2)
indicating the first and last | 2 | | dates on which the sheet was circulated, or (3)
certifying that | 3 | | none of the signatures on the sheet were signed more than 90
| 4 | | days preceding the last day for the filing of the petition and | 5 | | certifying that
to the best of his or her knowledge and belief | 6 | | the persons so signing were at
the time of signing the | 7 | | petitions qualified voters of the political party for
which a | 8 | | nomination is sought. Such statement shall be sworn to before | 9 | | some
officer authorized to administer oaths in this State.
| 10 | | No petition sheet shall be circulated more than 90 days | 11 | | preceding the
last day provided in Section 7-12 for the filing | 12 | | of such petition.
| 13 | | The person circulating the petition, or the candidate on | 14 | | whose behalf the
petition is circulated, may strike any | 15 | | signature from the petition,
provided that:
| 16 | | (1) the person striking the signature shall initial the | 17 | | petition at
the place where the signature is struck; and
| 18 | | (2) the person striking the signature shall sign a | 19 | | certification
listing the page number and line number of | 20 | | each signature struck from
the petition. Such | 21 | | certification shall be filed as a part of the petition.
| 22 | | Such sheets before being filed shall be neatly fastened | 23 | | together in
book form, by placing the sheets in a pile and | 24 | | fastening them together
at one edge in a secure and suitable | 25 | | manner, and the sheets shall then
be numbered consecutively. | 26 | | The sheets shall not be fastened by pasting
them together end |
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| 1 | | to end, so as to form a continuous strip or roll. All
petition | 2 | | sheets which are filed with the proper local election | 3 | | officials,
election authorities or the State Board of Elections | 4 | | shall be the original
sheets which have been signed by the | 5 | | voters and by the circulator thereof,
and not photocopies or | 6 | | duplicates of such sheets. Each petition must include
as a part | 7 | | thereof, a statement of candidacy for each of the candidates | 8 | | filing,
or in whose behalf the petition is filed. This | 9 | | statement shall set out the
address of such candidate, the | 10 | | office for which he is a candidate, shall state
that the | 11 | | candidate is a qualified primary voter of the party to which | 12 | | the
petition relates and is qualified for the office specified | 13 | | (in the case of a
candidate for State's Attorney it shall state | 14 | | that the candidate is at the time
of filing such statement a | 15 | | licensed attorney-at-law of this State), shall state
that he | 16 | | has filed (or will file before the close of the petition filing | 17 | | period)
a statement of economic interests as required by the | 18 | | Illinois Governmental
Ethics Act, shall request that the | 19 | | candidate's name be placed upon the official
ballot, and shall | 20 | | be subscribed and sworn to by such candidate before some
| 21 | | officer authorized to take acknowledgment of deeds in the State | 22 | | and shall be in
substantially the following form:
| 23 | | Statement of Candidacy
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24 | | Name |
Address |
Office |
District |
Party |
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25 | | John Jones |
102 Main St. |
Governor |
Statewide |
Republican |
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26 | | |
Belvidere, |
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2 | | State of Illinois)
| 3 | | ) ss.
| 4 | | County of .......)
| 5 | | I, ...., being first duly sworn, say that I reside at .... | 6 | | Street in the city
(or village) of ...., in the county of ...., | 7 | | State of Illinois; that I
am a qualified voter therein and am a | 8 | | qualified primary voter of the ....
party; that I am a | 9 | | candidate for nomination (for election in the case of
| 10 | | committeeman and delegates and alternate delegates) to the | 11 | | office of ....
to be voted upon at the primary election to be | 12 | | held on (insert date); that I am
legally qualified (including
| 13 | | being the holder of any license that may be an eligibility | 14 | | requirement
for the office I seek the nomination for) to hold | 15 | | such office and that I
have filed (or I will file before the | 16 | | close of the petition filing period)
a statement of economic | 17 | | interests as required by the Illinois
Governmental Ethics Act | 18 | | and I hereby request that my name be printed
upon the official | 19 | | primary ballot for nomination for (or election to in
the case | 20 | | of committeemen and delegates and alternate delegates) such
| 21 | | office.
| 22 | | Signed ......................
| 23 | | Subscribed and sworn to (or affirmed) before me by ...., | 24 | | who is to me
personally known, on (insert date).
| 25 | | Signed ....................
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| 1 | | (Official Character)
| 2 | | (Seal, if officer has one.)
| 3 | | The petitions, when filed, shall not be withdrawn or added | 4 | | to, and no
signatures shall be revoked except by revocation | 5 | | filed in writing with
the State Board of Elections, election | 6 | | authority or local election
official with whom the petition is | 7 | | required to be filed, and before the
filing of such petition. | 8 | | Whoever forges the name of a signer upon any
petition required | 9 | | by this Article is deemed guilty of a forgery and on
conviction | 10 | | thereof shall be punished accordingly.
| 11 | | A candidate for the offices listed in this Section must | 12 | | obtain the number
of signatures specified in this Section on | 13 | | his or her petition for nomination.
| 14 | | (a) Statewide office or delegate to a national nominating | 15 | | convention. If a
candidate seeks to run for statewide office or | 16 | | as a delegate or alternate
delegate to a national nominating | 17 | | convention elected from the State at-large,
then the | 18 | | candidate's petition for nomination must contain at least 5,000 | 19 | | but
not more than 10,000 signatures.
| 20 | | (b) Congressional office or congressional delegate to a | 21 | | national nominating
convention. If a candidate seeks to run for | 22 | | United States Congress or as a
congressional delegate or | 23 | | alternate congressional delegate to a national
nominating | 24 | | convention elected from a congressional district, then the
| 25 | | candidate's petition for nomination must contain at least the |
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| 1 | | number of
signatures equal to 0.5% of the qualified primary | 2 | | electors of his or her party
in his or her congressional | 3 | | district. In the first primary election following a
| 4 | | redistricting of congressional districts, a candidate's | 5 | | petition for nomination
must contain at least 600 signatures of | 6 | | qualified primary electors of the
candidate's political party | 7 | | in his or her congressional district.
| 8 | | (c) County office. If a candidate seeks to run for any | 9 | | countywide office,
including but not limited to county board | 10 | | chairperson or county board
member, elected on an at-large | 11 | | basis, in a county other than Cook County,
then the candidate's | 12 | | petition for nomination must contain at least the number
of | 13 | | signatures equal to 0.5% of the qualified electors of his or | 14 | | her party who
cast votes at the last preceding general election | 15 | | in his or her county. If a
candidate
seeks to run for county | 16 | | board member elected from a county board district, then
the | 17 | | candidate's petition for nomination must contain at least the | 18 | | number of
signatures equal to 0.5% of the qualified primary | 19 | | electors of his or her party
in the
county board district. In | 20 | | the first primary election following a redistricting
of county | 21 | | board districts or the initial establishment of county board
| 22 | | districts, a candidate's petition for nomination must contain | 23 | | at least the
number of signatures equal to 0.5% of the | 24 | | qualified electors of his or her
party
in the entire county who | 25 | | cast votes at the last preceding general election
divided by | 26 | | the
total number of county board districts comprising the |
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| 1 | | county board; provided
that
in no event shall the number of | 2 | | signatures be less than 25.
| 3 | | (d) County office; Cook County only.
| 4 | | (1) If a candidate seeks to run for countywide office | 5 | | in Cook County,
then the candidate's petition for | 6 | | nomination must contain at least the number
of signatures | 7 | | equal to 0.5% of the qualified electors of his or her party | 8 | | who
cast votes at the last preceding general election in | 9 | | Cook County.
| 10 | | (2) If a candidate seeks to run for Cook County Board | 11 | | Commissioner,
then the candidate's petition for nomination | 12 | | must contain at least the number
of signatures equal to | 13 | | 0.5% of
the qualified primary electors of his or her party | 14 | | in his or her county board
district. In the first primary | 15 | | election following a redistricting of Cook
County Board of | 16 | | Commissioners districts, a candidate's petition for
| 17 | | nomination must contain at least the number of signatures | 18 | | equal to 0.5% of
the qualified electors of his or her party | 19 | | in the entire county who cast votes
at the last
preceding | 20 | | general election divided by the total number of county | 21 | | board
districts comprising the county board; provided that | 22 | | in no event shall the
number of signatures be less than 25.
| 23 | | (3) If a candidate seeks to run for Cook County Board | 24 | | of Review
Commissioner, which is elected from a district | 25 | | pursuant to subsection (c)
of Section 5-5 of the Property | 26 | | Tax Code, then the candidate's petition for
nomination must |
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| 1 | | contain at least the number of signatures equal to 0.5% of
| 2 | | the total number of registered voters in his or her board | 3 | | of
review district in the last general election at which a | 4 | | commissioner was
regularly scheduled to be elected from | 5 | | that board of review district. In no
event shall the number | 6 | | of signatures required be greater than the requisite
number | 7 | | for a candidate who seeks countywide office in Cook County
| 8 | | under subsection (d)(1) of this Section. In the first | 9 | | primary election
following a redistricting of Cook County | 10 | | Board of Review districts, a
candidate's petition for | 11 | | nomination must contain at least 4,000 signatures
or at | 12 | | least the number of signatures required for a countywide | 13 | | candidate in
Cook County, whichever is less,
of the | 14 | | qualified electors of his or her party in the district.
| 15 | | (e) Municipal or township office. If a candidate seeks to | 16 | | run for municipal
or township office, then the candidate's | 17 | | petition for nomination must contain
at least the number of | 18 | | signatures equal to 0.5% of the qualified primary
electors of | 19 | | his or her party in the municipality or township. If a | 20 | | candidate
seeks to run for alderman of a municipality, then the | 21 | | candidate's petition for
nomination must contain at least the | 22 | | number of signatures equal to 0.5% of the
qualified primary | 23 | | electors of his or her party of the ward. In the first
primary | 24 | | election following redistricting of aldermanic wards or | 25 | | trustee
districts of a municipality or the initial | 26 | | establishment of wards or districts,
a candidate's petition for |
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| 1 | | nomination must contain the number of signatures
equal to at | 2 | | least 0.5% of the total number of votes cast for the candidate | 3 | | of
that political party who received the highest number of | 4 | | votes in the entire
municipality at the last regular election | 5 | | at which an officer was regularly
scheduled to be elected from
| 6 | | the entire municipality, divided by the number of wards or | 7 | | districts. In no
event shall the number of signatures be less | 8 | | than 25.
| 9 | | (f) State central committeeperson. If a candidate seeks to | 10 | | run for State
central committeeperson, then the candidate's | 11 | | petition for nomination must
contain at least 100 signatures of | 12 | | the primary electors of his or her party of
his or
her | 13 | | congressional district.
| 14 | | (g) Sanitary district trustee. If a candidate seeks to run | 15 | | for trustee of a
sanitary district in which trustees are not | 16 | | elected from wards, then the
candidate's petition for | 17 | | nomination must contain at least the number of
signatures equal | 18 | | to 0.5% of the primary electors of his or her party from the
| 19 | | sanitary district. If a candidate seeks to run for trustee
of a | 20 | | sanitary district in which trustees are elected from wards, | 21 | | then the
candidate's petition for
nomination must contain at | 22 | | least the number of signatures equal to 0.5% of the
primary | 23 | | electors of his or her party in the ward of that sanitary | 24 | | district. In
the
first primary election following | 25 | | redistricting of sanitary districts elected
from wards, a | 26 | | candidate's petition for nomination must contain at least the
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| 1 | | signatures of 150 qualified primary electors of his or her ward | 2 | | of that
sanitary district.
| 3 | | (h) Judicial office. If a candidate seeks to run for | 4 | | judicial office in a district, then the candidate's petition | 5 | | for nomination must contain the number of signatures equal to | 6 | | 0.4% of the number of votes cast in that district for the | 7 | | candidate for his or her political party for the office of | 8 | | Governor at the last general election at which a Governor was | 9 | | elected, but in no event less than 500 signatures. If a | 10 | | candidate seeks to run for judicial office in a
circuit or | 11 | | subcircuit, then the candidate's petition for nomination
must | 12 | | contain the number of signatures equal to 0.25% of the number | 13 | | of votes
cast for the judicial candidate of his or her | 14 | | political party who received the
highest number of votes
at the | 15 | | last general election at which a judicial
officer from the same | 16 | | circuit or subcircuit was regularly scheduled
to be elected, | 17 | | but in no event less than 500 signatures.
| 18 | | (i) Precinct, ward, and township committeeperson. If a | 19 | | candidate seeks to
run for precinct committeeperson, then the | 20 | | candidate's petition for nomination
must contain at least 10 | 21 | | signatures of the primary electors of his or her
party for the | 22 | | precinct. If a candidate seeks to run for ward committeeperson,
| 23 | | then the candidate's petition for nomination must contain no | 24 | | less than the
number of signatures equal to 10% of the primary | 25 | | electors of his or her party
of the ward, but no more than 16% | 26 | | of those same electors; provided that the
maximum number of |
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| 1 | | signatures may be 50 more than the minimum number, whichever
is | 2 | | greater. If a candidate seeks to run for township | 3 | | committeeperson, then the
candidate's petition for nomination | 4 | | must contain no less than the number of
signatures equal to 5% | 5 | | of the primary electors of his or her party of the
township, | 6 | | but no more than 8% of those same electors;
provided that the | 7 | | maximum number of signatures may be 50 more than the
minimum | 8 | | number, whichever is greater.
| 9 | | (j) State's attorney or regional superintendent of schools | 10 | | for multiple
counties. If
a candidate seeks to run for State's | 11 | | attorney or regional Superintendent of
Schools who serves more | 12 | | than one county, then the candidate's petition for
nomination | 13 | | must contain at least the number of signatures equal to 0.5% of | 14 | | the
primary electors of his or her party in the territory | 15 | | comprising the counties.
| 16 | | (k) Any other office. If a candidate seeks any other | 17 | | office, then the
candidate's petition for nomination must | 18 | | contain at least the number of
signatures equal to 0.5% of the | 19 | | registered voters of the political subdivision,
district, or | 20 | | division for which the nomination is made or 25 signatures,
| 21 | | whichever is greater.
| 22 | | For purposes of this Section the number of primary electors | 23 | | shall be
determined by taking the total vote cast, in the | 24 | | applicable district, for the
candidate for that political party | 25 | | who received the highest number of votes,
statewide, at the | 26 | | last general election in the State at which electors for
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| 1 | | President of the United States were elected. For political | 2 | | subdivisions, the
number of primary electors shall be | 3 | | determined by taking the total vote
cast for the candidate for | 4 | | that political party who received the highest number
of votes | 5 | | in the political subdivision at the last regular election at | 6 | | which an
officer was regularly scheduled to be elected from | 7 | | that subdivision. For wards
or districts of political | 8 | | subdivisions, the number of primary electors shall be
| 9 | | determined by taking the total vote cast for the candidate for | 10 | | that political
party who received the highest number of votes | 11 | | in the ward or district at the
last regular election at which | 12 | | an officer was regularly scheduled to be elected
from that ward | 13 | | or district.
| 14 | | A "qualified primary elector" of a party may not
sign | 15 | | petitions for or be a candidate in the primary of more than
one | 16 | | party.
| 17 | | The changes made to this Section of this amendatory Act of | 18 | | the 93rd General
Assembly are declarative of existing law, | 19 | | except for item (3) of subsection
(d).
| 20 | | Petitions of candidates for nomination for offices herein | 21 | | specified,
to be filed with the same officer, may contain the | 22 | | names of 2 or more
candidates of the same political party for | 23 | | the same or different
offices. In the case of the offices of | 24 | | Governor and Lieutenant Governor, a joint petition including | 25 | | one candidate for each of those offices must be filed.
| 26 | | Notwithstanding any other provision of law, a candidate may |
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| 1 | | choose, in lieu of filing a petition for nomination, to pay a | 2 | | filing fee to the office of the State or local election | 3 | | official charged with accepting nomination petitions for that | 4 | | office. The filing fee shall be equal to 1% of the annual | 5 | | salary of the office for which the candidate is seeking | 6 | | nomination. If the candidate is seeking nomination for a | 7 | | non-salaried office, then the filing fee shall be $50. | 8 | | (Source: P.A. 95-699, eff. 11-9-07; 95-916, eff. 8-26-08; | 9 | | 96-1018, eff. 1-1-11.)
| 10 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| 11 | | Sec. 7-12.
All petitions for nomination shall be filed by | 12 | | mail or
in person as follows:
| 13 | | (1) Where the nomination is to be made for a State, | 14 | | congressional, or
judicial office, or for any office a | 15 | | nomination for which is made for a
territorial division or | 16 | | district which comprises more than one county or
is partly | 17 | | in one county and partly in another county or counties, | 18 | | then,
except as otherwise provided in this Section, such | 19 | | petition for nomination
shall be filed in the principal | 20 | | office of the State Board of Elections not
more than 113 | 21 | | and not less than 106 days prior to the date of the | 22 | | primary,
but, in the case of petitions for nomination to | 23 | | fill a vacancy by special
election in the office of | 24 | | representative in Congress from this State, such
petition | 25 | | for nomination shall be filed in the principal office of |
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| 1 | | the State
Board of Elections not more than 57 days and not | 2 | | less than 50 days prior to
the date of the primary.
| 3 | | Where a vacancy occurs in the office of Supreme, | 4 | | Appellate or Circuit
Court Judge within the 3-week period | 5 | | preceding the 106th day before a
general primary election, | 6 | | petitions for nomination for the office in which
the | 7 | | vacancy has occurred shall be filed in the principal office | 8 | | of the
State Board of Elections not more than 92 nor less | 9 | | than 85 days prior to
the date of the general primary | 10 | | election.
| 11 | | Where the nomination is to be made for delegates or | 12 | | alternate
delegates to a national nominating convention, | 13 | | then such petition for
nomination shall be filed in the | 14 | | principal office of the State Board of
Elections not more | 15 | | than 113 and not less than 106 days prior to the date of
| 16 | | the primary; provided, however, that if the rules or | 17 | | policies of a national
political party conflict with such | 18 | | requirements for filing petitions for
nomination for | 19 | | delegates or alternate delegates to a national nominating
| 20 | | convention, the chairman of the State central committee of | 21 | | such national
political party shall notify the Board in | 22 | | writing, citing by reference the
rules or policies of the | 23 | | national political party in conflict, and in such
case the | 24 | | Board shall direct such petitions to be filed not more than | 25 | | 83 and
not less than 76 days prior to the date of the | 26 | | primary.
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| 1 | | (2) Where the nomination is to be made for a county | 2 | | office or trustee
of a sanitary district then such petition | 3 | | shall be filed in the office
of the county clerk not more | 4 | | than 113 nor less than 106 days prior to the
date of the | 5 | | primary.
| 6 | | (3) Where the nomination is to be made for a municipal | 7 | | or township
office, such petitions for nomination shall be | 8 | | filed in the office of
the local election official, not | 9 | | more than 99 nor less than 92 days
prior to the date of the | 10 | | primary; provided, where a municipality's or
township's | 11 | | boundaries are coextensive with or are entirely within the
| 12 | | jurisdiction of a municipal board of election | 13 | | commissioners, the petitions
shall be filed in the office | 14 | | of such board; and provided, that petitions
for the office | 15 | | of multi-township assessor shall be filed with the election
| 16 | | authority.
| 17 | | (4) The petitions of candidates for State central | 18 | | committeeman shall
be filed in the principal office of the | 19 | | State Board of Elections not
more than 113 nor less than | 20 | | 106 days prior to the date of the primary.
| 21 | | (5) Petitions of candidates for precinct, township or | 22 | | ward
committeemen shall be filed or the fee described in | 23 | | Section 7-10 shall be paid in the office of the county | 24 | | clerk not more
than 113 nor less than 106 days prior to the | 25 | | date of the primary.
| 26 | | (6) The State Board of Elections and the various |
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| 1 | | election authorities
and local election officials with | 2 | | whom such petitions for nominations
are filed shall specify | 3 | | the place where filings shall be made and upon
receipt | 4 | | shall endorse thereon the day and hour on which each | 5 | | petition
was filed. All petitions filed by persons waiting | 6 | | in line as of 8:00
a.m. on the first day for filing, or as | 7 | | of the normal opening hour of
the office involved on such | 8 | | day, shall be deemed filed as of 8:00 a.m.
or the normal | 9 | | opening hour, as the case may be. Petitions filed by mail
| 10 | | and received after midnight of the first day for filing and | 11 | | in the first
mail delivery or pickup of that day shall be | 12 | | deemed as filed as of 8:00
a.m. of that day or as of the | 13 | | normal opening hour of such day, as the
case may be. All | 14 | | petitions received thereafter shall be deemed as filed
in | 15 | | the order of actual receipt. Where 2 or more petitions are | 16 | | received
simultaneously, the State Board of Elections or | 17 | | the various election
authorities or local election | 18 | | officials with whom such petitions are
filed shall break | 19 | | ties and determine the order of filing, by means of a
| 20 | | lottery or other fair and impartial method of random | 21 | | selection approved
by the State Board of Elections. Such | 22 | | lottery shall be conducted within
9 days following the last | 23 | | day for petition filing and shall be open to the
public. | 24 | | Seven days written notice of the time and place of | 25 | | conducting such
random selection shall be given by the | 26 | | State Board of Elections to the
chairman of the State |
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| 1 | | central committee of each established political
party, and | 2 | | by each election authority or local election official, to | 3 | | the
County Chairman of each established political party, | 4 | | and to each
organization of citizens within the election | 5 | | jurisdiction which was
entitled, under this Article, at the | 6 | | next preceding election, to have
pollwatchers present on | 7 | | the day of election. The State Board of Elections,
election | 8 | | authority or local election official shall post in a | 9 | | conspicuous,
open and public place, at the entrance of the | 10 | | office, notice of the time
and place of such lottery. The | 11 | | State Board of Elections shall adopt rules
and regulations | 12 | | governing the procedures for the conduct of such lottery.
| 13 | | All candidates shall be certified in the order in which | 14 | | their petitions
have been filed. Where candidates have | 15 | | filed simultaneously, they shall be
certified in the order | 16 | | determined by lot and prior to candidates who filed
for the | 17 | | same office at a later time.
| 18 | | (7) The State Board of Elections or the appropriate | 19 | | election
authority or local election official with whom | 20 | | such a petition for
nomination is filed shall notify the | 21 | | person for whom a petition for
nomination has been filed or | 22 | | a nomination fee described in Section 7-10 has been paid of | 23 | | the obligation to file statements of
organization, reports | 24 | | of campaign contributions, and annual reports of
campaign | 25 | | contributions and expenditures under Article 9 of this Act.
| 26 | | Such notice shall be given in the manner prescribed by |
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| 1 | | paragraph (7) of
Section 9-16 of this Code.
| 2 | | (8) Nomination papers filed under this Section are not | 3 | | valid if the
candidate named therein fails to file a | 4 | | statement of economic interests
as required by the Illinois | 5 | | Governmental Ethics Act in relation to his
candidacy with | 6 | | the appropriate officer by the end of the period for the
| 7 | | filing of nomination papers unless he has filed a statement | 8 | | of economic
interests in relation to the same governmental | 9 | | unit with that officer
within a year preceding the date on | 10 | | which such nomination papers were
filed. If the nomination | 11 | | papers of any candidate and the statement of
economic | 12 | | interest of that candidate are not required to be filed | 13 | | with
the same officer, the candidate must file with the | 14 | | officer with whom the
nomination papers are filed a receipt | 15 | | from the officer with whom the
statement of economic | 16 | | interests is filed showing the date on which such
statement | 17 | | was filed. Such receipt shall be so filed not later than | 18 | | the
last day on which nomination papers may be filed.
| 19 | | (9) Any person for whom a petition for nomination, or | 20 | | for committeeman or
for delegate or alternate delegate to a | 21 | | national nominating convention has
been filed may cause his | 22 | | name to be withdrawn by request in writing, signed
by him | 23 | | and duly acknowledged before an officer qualified to take
| 24 | | acknowledgments of deeds, and filed in the principal or | 25 | | permanent branch
office of the State Board of Elections or | 26 | | with the appropriate election
authority or local election |
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| 1 | | official, not later than the date of
certification of | 2 | | candidates for the consolidated primary or general primary
| 3 | | ballot. No names so withdrawn shall be certified or printed | 4 | | on the
primary ballot. If petitions for nomination have | 5 | | been filed for the
same person with respect to more than | 6 | | one political party, his name
shall not be certified nor | 7 | | printed on the primary ballot of any party.
If petitions | 8 | | for nomination have been filed for the same person for 2 or
| 9 | | more offices which are incompatible so that the same person | 10 | | could not
serve in more than one of such offices if | 11 | | elected, that person must
withdraw as a candidate for all | 12 | | but one of such offices within the
5 business days | 13 | | following the last day for petition filing. If he fails to
| 14 | | withdraw as a candidate for all but one of such offices | 15 | | within such time
his name shall not be certified, nor | 16 | | printed on the primary ballot, for any
office. For the | 17 | | purpose of the foregoing provisions, an office in a
| 18 | | political party is not incompatible with any other office.
| 19 | | (10)(a) Notwithstanding the provisions of any other | 20 | | statute, no primary
shall be held for an established | 21 | | political party in any township,
municipality, or ward | 22 | | thereof, where the nomination of such
party for every | 23 | | office to be voted upon by the electors of such
township, | 24 | | municipality, or ward thereof, is uncontested. Whenever a
| 25 | | political party's nomination of candidates is uncontested | 26 | | as to one or
more, but not all, of the offices to be voted |
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| 1 | | upon by the electors of a
township, municipality, or ward | 2 | | thereof, then a primary shall
be held for that party in | 3 | | such township, municipality, or ward thereof;
provided | 4 | | that the primary ballot shall not include those offices
| 5 | | within such township, municipality, or ward thereof, for | 6 | | which the
nomination is uncontested. For purposes of this | 7 | | Article, the nomination
of an established political party | 8 | | of a candidate for election to an office
shall be deemed to | 9 | | be uncontested where not more than the number of persons
to | 10 | | be nominated have timely filed valid nomination papers | 11 | | seeking the
nomination of such party for election to such | 12 | | office.
| 13 | | (b) Notwithstanding the provisions of any other | 14 | | statute, no primary
election shall be held for an | 15 | | established political party for any special
primary | 16 | | election called for the purpose of filling a vacancy in the | 17 | | office
of representative in the United States Congress | 18 | | where the nomination of
such political party for said | 19 | | office is uncontested. For the purposes of
this Article, | 20 | | the nomination of an established political party of a
| 21 | | candidate for election to said office shall be deemed to be | 22 | | uncontested
where not more than the number of persons to be | 23 | | nominated have timely filed
valid nomination papers | 24 | | seeking the nomination of such established party
for | 25 | | election to said office. This subsection (b) shall not | 26 | | apply if such
primary election is conducted on a regularly |
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| 1 | | scheduled election day.
| 2 | | (c) Notwithstanding the provisions in subparagraph (a) | 3 | | and (b) of this
paragraph (10), whenever a person who has | 4 | | not timely filed valid nomination
papers and who intends to | 5 | | become a write-in candidate for a political
party's | 6 | | nomination for any office for which the nomination is | 7 | | uncontested
files a written statement or notice of that | 8 | | intent with the State Board of
Elections or the local | 9 | | election official with whom nomination papers for
such | 10 | | office are filed, a primary ballot shall be prepared and a | 11 | | primary
shall be held for that office. Such statement or | 12 | | notice shall be filed on
or before the date established in | 13 | | this Article for certifying candidates
for the primary | 14 | | ballot. Such statement or notice shall contain (i) the
name | 15 | | and address of the person intending to become a write-in | 16 | | candidate,
(ii) a statement that the person is a qualified | 17 | | primary elector of the
political party from whom the | 18 | | nomination is sought, (iii) a statement that
the person | 19 | | intends to become a write-in candidate for the party's
| 20 | | nomination, and (iv) the office the person is seeking as a | 21 | | write-in
candidate. An election authority shall have no | 22 | | duty to conduct a primary
and prepare a primary ballot for | 23 | | any office for which the nomination is
uncontested unless a | 24 | | statement or notice meeting the requirements of this
| 25 | | Section is filed in a timely manner.
| 26 | | (11) If multiple sets of nomination papers are filed |
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| 1 | | for a candidate to
the same office, the State Board of | 2 | | Elections, appropriate election
authority or local | 3 | | election official where the petitions are filed shall
| 4 | | within 2 business days notify the candidate of his or her | 5 | | multiple petition
filings and that the candidate has 3 | 6 | | business days after receipt of the
notice to notify the | 7 | | State Board of Elections, appropriate election
authority | 8 | | or local election official that he or she may cancel prior | 9 | | sets
of petitions. If the candidate notifies the State | 10 | | Board of Elections,
appropriate election authority or | 11 | | local election official, the last set of
petitions filed | 12 | | shall be the only petitions to be considered valid by the
| 13 | | State Board of Elections, election authority or local | 14 | | election official. If
the candidate fails to notify the | 15 | | State Board of Elections, election authority
or local
| 16 | | election official then only the first set of petitions | 17 | | filed shall be valid
and all subsequent petitions shall be | 18 | | void.
| 19 | | (12) All nominating petitions shall be available for | 20 | | public inspection
and shall be preserved for a period of | 21 | | not less than 6 months.
| 22 | | (Source: P.A. 96-1008, eff. 7-6-10.)
| 23 | | (10 ILCS 5/10-4) (from Ch. 46, par. 10-4)
| 24 | | Sec. 10-4. Form of petition for nomination. All petitions | 25 | | for nomination
under this Article 10 for
candidates for public |
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| 1 | | office in this State, shall in addition to other
requirements | 2 | | provided by law, be as follows: Such petitions shall
consist of | 3 | | sheets of uniform size and each sheet shall contain, above
the | 4 | | space for signature, an appropriate heading, giving the | 5 | | information
as to name of candidate or candidates in whose | 6 | | behalf such petition is
signed; the office; the party; place of | 7 | | residence; and such other
information or wording as required to | 8 | | make same valid, and the heading
of each sheet shall be the | 9 | | same. Such petition shall be signed by the
qualified voters in | 10 | | their own proper persons only, and opposite the
signature of | 11 | | each signer his residence address shall be written or
printed. | 12 | | The residence address required to be written or printed
| 13 | | opposite each qualified primary elector's name shall include | 14 | | the street
address or rural route number of the signer, as the | 15 | | case may be, as well as
the signer's county, and city, village | 16 | | or town, and state. However,
the county or city, village or
| 17 | | town, and state of residence of such electors may be printed on | 18 | | the
petition forms where all of the such electors signing the | 19 | | petition
reside in the same county or city, village or town, | 20 | | and state. Standard
abbreviations may be used in writing the | 21 | | residence address, including
street number, if any. No | 22 | | signature shall be valid or be counted in
considering the | 23 | | validity or sufficiency of such petition unless the
| 24 | | requirements of this Section are complied with. At the bottom | 25 | | of each
sheet of such petition shall be added a circulator's | 26 | | statement, signed by a
person 18
years of age or older who is a |
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| 1 | | citizen of the United States; stating the street address or | 2 | | rural route
number, as the case may be, as well as the county,
| 3 | | city,
village or town, and state; certifying that the | 4 | | signatures on that sheet of
the petition
were signed in his or | 5 | | her presence; certifying that the signatures are
genuine;
and | 6 | | either (1) indicating the dates on which that sheet was | 7 | | circulated, or (2)
indicating the first and last dates on which | 8 | | the sheet was circulated, or (3)
certifying that none of the | 9 | | signatures on the sheet were signed more than 90
days preceding | 10 | | the last day for the filing of the petition; and
certifying
| 11 | | that to the best of his knowledge and belief the persons so | 12 | | signing were at the
time of signing the petition duly | 13 | | registered voters under Articles 4, 5 or 6 of
the Code of the | 14 | | political subdivision or district for which the candidate or
| 15 | | candidates shall be nominated, and certifying that their | 16 | | respective residences
are correctly stated therein. Such | 17 | | statement shall be sworn to before some
officer authorized to | 18 | | administer oaths in this State. No petition sheet shall
be | 19 | | circulated more than 90 days preceding the last day provided in | 20 | | Section 10-6
for the filing of such petition. Such sheets, | 21 | | before being presented to the
electoral board or filed with the | 22 | | proper officer of the electoral district or
division of the | 23 | | state or municipality, as the case may be, shall be neatly
| 24 | | fastened together in book form, by placing the sheets in a pile | 25 | | and fastening
them together at one edge in a secure and | 26 | | suitable manner, and the sheets shall
then be numbered |
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| 1 | | consecutively. The sheets shall not be fastened by pasting
them | 2 | | together end to end, so as to form a continuous strip or roll. | 3 | | All
petition sheets which are filed with the proper local | 4 | | election officials,
election authorities or the State Board of | 5 | | Elections shall be the original
sheets which have been signed | 6 | | by the voters and by the circulator, and not
photocopies or | 7 | | duplicates of such sheets. A petition, when presented or
filed, | 8 | | shall not be withdrawn, altered, or added to, and no signature | 9 | | shall be
revoked except by revocation in writing presented or | 10 | | filed with the officers or
officer with whom the petition is | 11 | | required to be presented or filed, and before
the presentment | 12 | | or filing of such petition. Whoever forges any name of a
signer | 13 | | upon any petition shall be deemed guilty of a forgery, and on | 14 | | conviction
thereof, shall be punished accordingly. The word | 15 | | "petition" or "petition for
nomination", as used herein, shall | 16 | | mean what is sometimes known as nomination
papers, in | 17 | | distinction to what is known as a certificate of nomination. | 18 | | The
words "political division for which the candidate is | 19 | | nominated", or its
equivalent, shall mean the largest political | 20 | | division in which all qualified
voters may vote upon such | 21 | | candidate or candidates, as the state in the case of
state | 22 | | officers; the township in the case of township officers et | 23 | | cetera.
Provided, further, that no person shall circulate or | 24 | | certify petitions for
candidates of more than one political | 25 | | party, or for an independent candidate or
candidates in | 26 | | addition to one political party, to be voted upon at the next
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| 1 | | primary or general election, or for such candidates and parties | 2 | | with respect to
the same political subdivision at the next | 3 | | consolidated election.
| 4 | | Notwithstanding any other provision of law, a candidate may | 5 | | choose, in lieu of filing a petition for nomination, to pay a | 6 | | filing fee to the office of the State or local election | 7 | | official charged with accepting nomination petitions for that | 8 | | office. The filing fee shall be equal to 1% of the annual | 9 | | salary of the office for which the candidate is seeking | 10 | | nomination. If the candidate is seeking nomination for a | 11 | | non-salaried office, then the filing fee shall be $50. | 12 | | (Source: P.A. 91-57, eff. 6-30-99; 92-129, eff. 7-20-01.)
| 13 | | (10 ILCS 5/10-6.1) (from Ch. 46, par. 10-6.1)
| 14 | | Sec. 10-6.1.
The board or clerk with whom a certificate of | 15 | | nomination or
nomination papers are filed shall notify the | 16 | | person for whom such papers
are filed or for whom a nomination | 17 | | fee described in Section 10-4 is paid of the obligation to file | 18 | | statements of organization, reports
of campaign contributions, | 19 | | and annual reports of campaign contributions
and expenditures | 20 | | under Article 9 of this Act. Such notice shall be given
in the | 21 | | manner prescribed by paragraph (7) of Section 9-16 of this | 22 | | Code.
| 23 | | (Source: P.A. 81-1189.)
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