Illinois General Assembly - Full Text of SB1265
Illinois General Assembly

Previous General Assemblies

Full Text of SB1265  99th General Assembly

SB1265ham001 99TH GENERAL ASSEMBLY

Rep. Elaine Nekritz

Filed: 5/29/2015

 

 


 

 


 
09900SB1265ham001LRB099 09122 MGM 36420 a

1
AMENDMENT TO SENATE BILL 1265

2    AMENDMENT NO. ______. Amend Senate Bill 1265 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 7-12 and 25-7 as follows:
 
6    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
7    Sec. 7-12. All petitions for nomination shall be filed by
8mail or in person as follows:
9        (1) Where the nomination is to be made for a State,
10    congressional, or judicial office, or for any office a
11    nomination for which is made for a territorial division or
12    district which comprises more than one county or is partly
13    in one county and partly in another county or counties,
14    then, except as otherwise provided in this Section, such
15    petition for nomination shall be filed in the principal
16    office of the State Board of Elections not more than 113

 

 

09900SB1265ham001- 2 -LRB099 09122 MGM 36420 a

1    and not less than 106 days prior to the date of the
2    primary, but, in the case of petitions for nomination to
3    fill a vacancy by special election in the office of
4    representative in Congress from this State, such petition
5    for nomination shall be filed in the principal office of
6    the State Board of Elections not more than 85 57 days and
7    not less than 82 50 days prior to the date of the primary.
8        Where a vacancy occurs in the office of Supreme,
9    Appellate or Circuit Court Judge within the 3-week period
10    preceding the 106th day before a general primary election,
11    petitions for nomination for the office in which the
12    vacancy has occurred shall be filed in the principal office
13    of the State Board of Elections not more than 92 nor less
14    than 85 days prior to the date of the general primary
15    election.
16        Where the nomination is to be made for delegates or
17    alternate delegates to a national nominating convention,
18    then such petition for nomination shall be filed in the
19    principal office of the State Board of Elections not more
20    than 113 and not less than 106 days prior to the date of
21    the primary; provided, however, that if the rules or
22    policies of a national political party conflict with such
23    requirements for filing petitions for nomination for
24    delegates or alternate delegates to a national nominating
25    convention, the chairman of the State central committee of
26    such national political party shall notify the Board in

 

 

09900SB1265ham001- 3 -LRB099 09122 MGM 36420 a

1    writing, citing by reference the rules or policies of the
2    national political party in conflict, and in such case the
3    Board shall direct such petitions to be filed in accordance
4    with the delegate selection plan adopted by the state
5    central committee of such national political party.
6        (2) Where the nomination is to be made for a county
7    office or trustee of a sanitary district then such petition
8    shall be filed in the office of the county clerk not more
9    than 113 nor less than 106 days prior to the date of the
10    primary.
11        (3) Where the nomination is to be made for a municipal
12    or township office, such petitions for nomination shall be
13    filed in the office of the local election official, not
14    more than 99 nor less than 92 days prior to the date of the
15    primary; provided, where a municipality's or township's
16    boundaries are coextensive with or are entirely within the
17    jurisdiction of a municipal board of election
18    commissioners, the petitions shall be filed in the office
19    of such board; and provided, that petitions for the office
20    of multi-township assessor shall be filed with the election
21    authority.
22        (4) The petitions of candidates for State central
23    committeeman shall be filed in the principal office of the
24    State Board of Elections not more than 113 nor less than
25    106 days prior to the date of the primary.
26        (5) Petitions of candidates for precinct, township or

 

 

09900SB1265ham001- 4 -LRB099 09122 MGM 36420 a

1    ward committeemen shall be filed in the office of the
2    county clerk not more than 113 nor less than 106 days prior
3    to the date of the primary.
4        (6) The State Board of Elections and the various
5    election authorities and local election officials with
6    whom such petitions for nominations are filed shall specify
7    the place where filings shall be made and upon receipt
8    shall endorse thereon the day and hour on which each
9    petition was filed. All petitions filed by persons waiting
10    in line as of 8:00 a.m. on the first day for filing, or as
11    of the normal opening hour of the office involved on such
12    day, shall be deemed filed as of 8:00 a.m. or the normal
13    opening hour, as the case may be. Petitions filed by mail
14    and received after midnight of the first day for filing and
15    in the first mail delivery or pickup of that day shall be
16    deemed as filed as of 8:00 a.m. of that day or as of the
17    normal opening hour of such day, as the case may be. All
18    petitions received thereafter shall be deemed as filed in
19    the order of actual receipt. However, 2 or more petitions
20    filed within the last hour of the filing deadline shall be
21    deemed filed simultaneously. Where 2 or more petitions are
22    received simultaneously, the State Board of Elections or
23    the various election authorities or local election
24    officials with whom such petitions are filed shall break
25    ties and determine the order of filing, by means of a
26    lottery or other fair and impartial method of random

 

 

09900SB1265ham001- 5 -LRB099 09122 MGM 36420 a

1    selection approved by the State Board of Elections. Such
2    lottery shall be conducted within 9 days following the last
3    day for petition filing and shall be open to the public.
4    Seven days written notice of the time and place of
5    conducting such random selection shall be given by the
6    State Board of Elections to the chairman of the State
7    central committee of each established political party, and
8    by each election authority or local election official, to
9    the County Chairman of each established political party,
10    and to each organization of citizens within the election
11    jurisdiction which was entitled, under this Article, at the
12    next preceding election, to have pollwatchers present on
13    the day of election. The State Board of Elections, election
14    authority or local election official shall post in a
15    conspicuous, open and public place, at the entrance of the
16    office, notice of the time and place of such lottery. The
17    State Board of Elections shall adopt rules and regulations
18    governing the procedures for the conduct of such lottery.
19    All candidates shall be certified in the order in which
20    their petitions have been filed. Where candidates have
21    filed simultaneously, they shall be certified in the order
22    determined by lot and prior to candidates who filed for the
23    same office at a later time.
24        (7) The State Board of Elections or the appropriate
25    election authority or local election official with whom
26    such a petition for nomination is filed shall notify the

 

 

09900SB1265ham001- 6 -LRB099 09122 MGM 36420 a

1    person for whom a petition for nomination has been filed of
2    the obligation to file statements of organization, reports
3    of campaign contributions, and annual reports of campaign
4    contributions and expenditures under Article 9 of this Act.
5    Such notice shall be given in the manner prescribed by
6    paragraph (7) of Section 9-16 of this Code.
7        (8) Nomination papers filed under this Section are not
8    valid if the candidate named therein fails to file a
9    statement of economic interests as required by the Illinois
10    Governmental Ethics Act in relation to his candidacy with
11    the appropriate officer by the end of the period for the
12    filing of nomination papers unless he has filed a statement
13    of economic interests in relation to the same governmental
14    unit with that officer within a year preceding the date on
15    which such nomination papers were filed. If the nomination
16    papers of any candidate and the statement of economic
17    interest of that candidate are not required to be filed
18    with the same officer, the candidate must file with the
19    officer with whom the nomination papers are filed a receipt
20    from the officer with whom the statement of economic
21    interests is filed showing the date on which such statement
22    was filed. Such receipt shall be so filed not later than
23    the last day on which nomination papers may be filed.
24        (9) Any person for whom a petition for nomination, or
25    for committeeman or for delegate or alternate delegate to a
26    national nominating convention has been filed may cause his

 

 

09900SB1265ham001- 7 -LRB099 09122 MGM 36420 a

1    name to be withdrawn by request in writing, signed by him
2    and duly acknowledged before an officer qualified to take
3    acknowledgments of deeds, and filed in the principal or
4    permanent branch office of the State Board of Elections or
5    with the appropriate election authority or local election
6    official, not later than the date of certification of
7    candidates for the consolidated primary or general primary
8    ballot. No names so withdrawn shall be certified or printed
9    on the primary ballot. If petitions for nomination have
10    been filed for the same person with respect to more than
11    one political party, his name shall not be certified nor
12    printed on the primary ballot of any party. If petitions
13    for nomination have been filed for the same person for 2 or
14    more offices which are incompatible so that the same person
15    could not serve in more than one of such offices if
16    elected, that person must withdraw as a candidate for all
17    but one of such offices within the 5 business days
18    following the last day for petition filing. A candidate in
19    a judicial election may file petitions for nomination for
20    only one vacancy in a subcircuit and only one vacancy in a
21    circuit in any one filing period, and if petitions for
22    nomination have been filed for the same person for 2 or
23    more vacancies in the same circuit or subcircuit in the
24    same filing period, his or her name shall be certified only
25    for the first vacancy for which the petitions for
26    nomination were filed. If he fails to withdraw as a

 

 

09900SB1265ham001- 8 -LRB099 09122 MGM 36420 a

1    candidate for all but one of such offices within such time
2    his name shall not be certified, nor printed on the primary
3    ballot, for any office. For the purpose of the foregoing
4    provisions, an office in a political party is not
5    incompatible with any other office.
6        (10)(a) Notwithstanding the provisions of any other
7    statute, no primary shall be held for an established
8    political party in any township, municipality, or ward
9    thereof, where the nomination of such party for every
10    office to be voted upon by the electors of such township,
11    municipality, or ward thereof, is uncontested. Whenever a
12    political party's nomination of candidates is uncontested
13    as to one or more, but not all, of the offices to be voted
14    upon by the electors of a township, municipality, or ward
15    thereof, then a primary shall be held for that party in
16    such township, municipality, or ward thereof; provided
17    that the primary ballot shall not include those offices
18    within such township, municipality, or ward thereof, for
19    which the nomination is uncontested. For purposes of this
20    Article, the nomination of an established political party
21    of a candidate for election to an office shall be deemed to
22    be uncontested where not more than the number of persons to
23    be nominated have timely filed valid nomination papers
24    seeking the nomination of such party for election to such
25    office.
26        (b) Notwithstanding the provisions of any other

 

 

09900SB1265ham001- 9 -LRB099 09122 MGM 36420 a

1    statute, no primary election shall be held for an
2    established political party for any special primary
3    election called for the purpose of filling a vacancy in the
4    office of representative in the United States Congress
5    where the nomination of such political party for said
6    office is uncontested. For the purposes of this Article,
7    the nomination of an established political party of a
8    candidate for election to said office shall be deemed to be
9    uncontested where not more than the number of persons to be
10    nominated have timely filed valid nomination papers
11    seeking the nomination of such established party for
12    election to said office. This subsection (b) shall not
13    apply if such primary election is conducted on a regularly
14    scheduled election day.
15        (c) Notwithstanding the provisions in subparagraph (a)
16    and (b) of this paragraph (10), whenever a person who has
17    not timely filed valid nomination papers and who intends to
18    become a write-in candidate for a political party's
19    nomination for any office for which the nomination is
20    uncontested files a written statement or notice of that
21    intent with the State Board of Elections or the local
22    election official with whom nomination papers for such
23    office are filed, a primary ballot shall be prepared and a
24    primary shall be held for that office. Such statement or
25    notice shall be filed on or before the date established in
26    this Article for certifying candidates for the primary

 

 

09900SB1265ham001- 10 -LRB099 09122 MGM 36420 a

1    ballot. Such statement or notice shall contain (i) the name
2    and address of the person intending to become a write-in
3    candidate, (ii) a statement that the person is a qualified
4    primary elector of the political party from whom the
5    nomination is sought, (iii) a statement that the person
6    intends to become a write-in candidate for the party's
7    nomination, and (iv) the office the person is seeking as a
8    write-in candidate. An election authority shall have no
9    duty to conduct a primary and prepare a primary ballot for
10    any office for which the nomination is uncontested unless a
11    statement or notice meeting the requirements of this
12    Section is filed in a timely manner.
13        (11) If multiple sets of nomination papers are filed
14    for a candidate to the same office, the State Board of
15    Elections, appropriate election authority or local
16    election official where the petitions are filed shall
17    within 2 business days notify the candidate of his or her
18    multiple petition filings and that the candidate has 3
19    business days after receipt of the notice to notify the
20    State Board of Elections, appropriate election authority
21    or local election official that he or she may cancel prior
22    sets of petitions. If the candidate notifies the State
23    Board of Elections, appropriate election authority or
24    local election official, the last set of petitions filed
25    shall be the only petitions to be considered valid by the
26    State Board of Elections, election authority or local

 

 

09900SB1265ham001- 11 -LRB099 09122 MGM 36420 a

1    election official. If the candidate fails to notify the
2    State Board of Elections, election authority or local
3    election official then only the first set of petitions
4    filed shall be valid and all subsequent petitions shall be
5    void.
6        (12) All nominating petitions shall be available for
7    public inspection and shall be preserved for a period of
8    not less than 6 months.
9(Source: P.A. 96-1008, eff. 7-6-10; 97-81, eff. 7-5-11;
1097-1044, eff. 1-1-13.)
 
11    (10 ILCS 5/25-7)  (from Ch. 46, par. 25-7)
12    (Text of Section before amendment by P.A. 98-1171)
13    Sec. 25-7. (a) When any vacancy shall occur in the office
14of representative in congress from this state more than 240 180
15days before the next general election, the Governor shall issue
16a writ of election within 5 days after the occurrence of that
17vacancy to the county clerks of the several counties in the
18district where the vacancy exists, appointing a day within 180
19115 days of issuance of the writ to hold a special election to
20fill such vacancy.
21    (b) Notwithstanding subsection (a) of this Section or any
22other law to the contrary, a special election to fill a vacancy
23in the office of representative in congress occurring less than
2460 days following the 2012 general election shall be held as
25provided in this subsection (b). A special primary election

 

 

09900SB1265ham001- 12 -LRB099 09122 MGM 36420 a

1shall be held on February 26, 2013, and a special election
2shall be held on April 9, 2013.
3    Except as provided in this subsection (b), the provisions
4of Article 7 of this Code are applicable to petitions for the
5special primary election and special election. Petitions for
6nomination in accordance with Article 7 shall be filed in the
7principal office of the State Board of Elections not more than
885 54 and not less than 82 50 days prior to the date of the
9special primary election, excluding Saturday and Sunday.
10Petitions for the nomination of independent candidates and
11candidates of new political parties shall be filed in the
12principal office of the State Board of Elections not more than
1393 68 and not less than 90 64 days prior to the date of the
14special election, excluding Saturday and Sunday.
15    Except as provided in this subsection, the State Board of
16Elections shall have authority to establish, in conjunction
17with the impacted election authorities, an election calendar
18for the special election and special primary.
19    If an election authority is unable to have a sufficient
20number of ballots printed so that ballots will be available for
21mailing at least 46 days prior to the special primary election
22or special election to persons who have filed an application
23for a ballot under the provisions of Article 20 of this Code,
24the election authority shall, no later than 45 days prior to
25each election, mail to each of those persons a Special Write-in
26Absentee Voter's Blank Ballot in accordance with Section

 

 

09900SB1265ham001- 13 -LRB099 09122 MGM 36420 a

116-5.01 of this Code. The election authority shall advise those
2persons that the names of candidates to be nominated or elected
3shall be available on the election authority's website and
4shall provide a phone number the person may call to request the
5names of the candidates for nomination or election.
6(Source: P.A. 97-1134, eff. 12-3-12.)
 
7    (Text of Section after amendment by P.A. 98-1171)
8    Sec. 25-7. (a) When any vacancy shall occur in the office
9of representative in congress from this state more than 240 180
10days before the next general election, the Governor shall issue
11a writ of election within 5 days after the occurrence of that
12vacancy to the county clerks of the several counties in the
13district where the vacancy exists, appointing a day within 180
14115 days of issuance of the writ to hold a special election to
15fill such vacancy.
16    (b) Notwithstanding subsection (a) of this Section or any
17other law to the contrary, a special election to fill a vacancy
18in the office of representative in congress occurring less than
1960 days following the 2012 general election shall be held as
20provided in this subsection (b). A special primary election
21shall be held on February 26, 2013, and a special election
22shall be held on April 9, 2013.
23    Except as provided in this subsection (b), the provisions
24of Article 7 of this Code are applicable to petitions for the
25special primary election and special election. Petitions for

 

 

09900SB1265ham001- 14 -LRB099 09122 MGM 36420 a

1nomination in accordance with Article 7 shall be filed in the
2principal office of the State Board of Elections not more than
385 54 and not less than 82 50 days prior to the date of the
4special primary election, excluding Saturday and Sunday.
5Petitions for the nomination of independent candidates and
6candidates of new political parties shall be filed in the
7principal office of the State Board of Elections not more than
893 68 and not less than 90 64 days prior to the date of the
9special election, excluding Saturday and Sunday.
10    Except as provided in this subsection, the State Board of
11Elections shall have authority to establish, in conjunction
12with the impacted election authorities, an election calendar
13for the special election and special primary.
14    If an election authority is unable to have a sufficient
15number of ballots printed so that ballots will be available for
16mailing at least 46 days prior to the special primary election
17or special election to persons who have filed an application
18for a ballot under the provisions of Article 20 of this Code,
19the election authority shall, no later than 45 days prior to
20each election, mail to each of those persons a Special Write-in
21Vote by Mail Voter's Blank Ballot in accordance with Section
2216-5.01 of this Code. The election authority shall advise those
23persons that the names of candidates to be nominated or elected
24shall be available on the election authority's website and
25shall provide a phone number the person may call to request the
26names of the candidates for nomination or election.

 

 

09900SB1265ham001- 15 -LRB099 09122 MGM 36420 a

1(Source: P.A. 97-1134, eff. 12-3-12; 98-1171, eff. 6-1-15.)
 
2    Section 95. No acceleration or delay. Where this Act makes
3changes in a statute that is represented in this Act by text
4that is not yet or no longer in effect (for example, a Section
5represented by multiple versions), the use of that text does
6not accelerate or delay the taking effect of (i) the changes
7made by this Act or (ii) provisions derived from any other
8Public Act.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.".