Illinois General Assembly - Full Text of HB4889
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Full Text of HB4889  100th General Assembly

HB4889ham001 100TH GENERAL ASSEMBLY

Rep. William Davis

Filed: 3/21/2018

 

 


 

 


 
10000HB4889ham001LRB100 17729 MJP 36933 a

1
AMENDMENT TO HOUSE BILL 4889

2    AMENDMENT NO. ______. Amend House Bill 4889 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Election Code is amended by changing
5Sections 7-10 and 10-5 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
8candidate for nomination, or State central committeeman, or
9township committeeman, or precinct committeeman, or ward
10committeeman or candidate for delegate or alternate delegate to
11national nominating conventions, shall be printed upon the
12primary ballot unless a petition for nomination has been filed
13in his behalf as provided in this Article in substantially the
14following form:
15    We, the undersigned, members of and affiliated with the
16.... party and qualified primary electors of the .... party, in

 

 

 

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1the .... of ...., in the county of .... and State of Illinois,
2do hereby petition that the following named person or persons
3shall be a candidate or candidates of the .... party for the
4nomination for (or in case of committeemen for election to) the
5office or offices hereinafter specified, to be voted for at the
6primary election to be held on (insert date).
7    NameOfficeAddress
8John JonesGovernorBelvidere, Ill.
9Jane James Lieutenant Governor Peoria, Ill.
10Thomas SmithAttorney GeneralOakland, Ill.
11Name..................         Address.......................
 
12State of Illinois)
13                 ) ss.
14County of........)
15    I, ...., do hereby certify that I reside at No. ....
16street, in the .... of ...., county of ...., and State of
17....., that I am 18 years of age or older, that I am a citizen
18of the United States, and that the signatures on this sheet
19were signed in my presence, and are genuine, and that to the
20best of my knowledge and belief the persons so signing were at
21the time of signing the petitions qualified voters of the ....
22party, and that their respective residences are correctly
23stated, as above set forth.
24
.........................

 

 

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1    Subscribed and sworn to before me on (insert date).
2
.........................

 
3    Each sheet of the petition other than the statement of
4candidacy and candidate's statement shall be of uniform size
5and shall contain above the space for signatures an appropriate
6heading giving the information as to name of candidate or
7candidates, in whose behalf such petition is signed; the
8office, the political party represented and place of residence;
9and the heading of each sheet shall be the same.
10    Such petition shall be signed by qualified primary electors
11residing in the political division for which the nomination is
12sought in their own proper persons only and opposite the
13signature of each signer, his residence address shall be
14written or printed. The residence address required to be
15written or printed opposite each qualified primary elector's
16name shall include the street address or rural route number of
17the signer, as the case may be, as well as the signer's county,
18and city, village or town, and state. However the county or
19city, village or town, and state of residence of the electors
20may be printed on the petition forms where all of the electors
21signing the petition reside in the same county or city, village
22or town, and state. Standard abbreviations may be used in
23writing the residence address, including street number, if any.
24At the bottom of each sheet of such petition shall be added a
25circulator statement signed by a person 18 years of age or

 

 

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1older who is a citizen of the United States, stating the street
2address or rural route number, as the case may be, as well as
3the county, city, village or town, and state; and certifying
4that the signatures on that sheet of the petition were signed
5in his or her presence and certifying that the signatures are
6genuine; and either (1) indicating the dates on which that
7sheet was circulated, or (2) indicating the first and last
8dates on which the sheet was circulated, or (3) certifying that
9none of the signatures on the sheet were signed more than 90
10days preceding the last day for the filing of the petition and
11certifying that to the best of his or her knowledge and belief
12the persons so signing were at the time of signing the
13petitions qualified voters of the political party for which a
14nomination is sought. Such statement shall be sworn to before
15some officer authorized to administer oaths in this State.
16    No petition sheet shall be circulated more than 90 days
17preceding the last day provided in Section 7-12 for the filing
18of such petition.
19    The person circulating the petition, or the candidate on
20whose behalf the petition is circulated, may strike any
21signature from the petition, provided that:
22        (1) the person striking the signature shall initial the
23    petition at the place where the signature is struck; and
24        (2) the person striking the signature shall sign a
25    certification listing the page number and line number of
26    each signature struck from the petition. Such

 

 

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1    certification shall be filed as a part of the petition.
2    Such sheets before being filed shall be neatly fastened
3together in book form, by placing the sheets in a pile and
4fastening them together at one edge in a secure and suitable
5manner, and the sheets shall then be numbered consecutively.
6The sheets shall not be fastened by pasting them together end
7to end, so as to form a continuous strip or roll. All petition
8sheets which are filed with the proper local election
9officials, election authorities or the State Board of Elections
10shall be the original sheets which have been signed by the
11voters and by the circulator thereof, and not photocopies or
12duplicates of such sheets. Each petition must include as a part
13thereof, a statement of candidacy for each of the candidates
14filing, or in whose behalf the petition is filed. This
15statement shall set out the address of such candidate, the
16office for which he is a candidate, shall state that the
17candidate is a qualified primary voter of the party to which
18the petition relates and is qualified for the office specified
19(in the case of a candidate for State's Attorney it shall state
20that the candidate is at the time of filing such statement a
21licensed attorney-at-law of this State), shall state that he
22has filed (or will file before the close of the petition filing
23period) a statement of economic interests as required by the
24Illinois Governmental Ethics Act, shall request that the
25candidate's name be placed upon the official ballot, and shall
26be subscribed and sworn to by such candidate before some

 

 

 

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1officer authorized to take acknowledgment of deeds in the State
2and shall be in substantially the following form:
3
Statement of Candidacy
4NameAddressOfficeDistrictParty
5John Jones102 Main St.GovernorStatewideRepublican
6Belvidere,
7Illinois
8State of Illinois)
9                 ) ss.
10County of .......)
11    I, ...., being first duly sworn, say that I reside at ....
12Street in the city (or village) of ...., in the county of ....,
13State of Illinois; that I am a qualified voter therein and am a
14qualified primary voter of the .... party; that I am a
15candidate for nomination (for election in the case of
16committeeman and delegates and alternate delegates) to the
17office of .... to be voted upon at the primary election to be
18held on (insert date); that I have not exceeded any limitation
19on the number of terms I may serve for this office; that I am
20legally qualified (including being the holder of any license
21that may be an eligibility requirement for the office I seek
22the nomination for) to hold such office and that I have filed
23(or I will file before the close of the petition filing period)
24a statement of economic interests as required by the Illinois
25Governmental Ethics Act and I hereby request that my name be

 

 

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1printed upon the official primary ballot for nomination for (or
2election to in the case of committeemen and delegates and
3alternate delegates) such office.
4
Signed ......................
5    Subscribed and sworn to (or affirmed) before me by ....,
6who is to me personally known, on (insert date).
7
Signed ....................
8
(Official Character)
9(Seal, if officer has one.)
 
10    The petitions, when filed, shall not be withdrawn or added
11to, and no signatures shall be revoked except by revocation
12filed in writing with the State Board of Elections, election
13authority or local election official with whom the petition is
14required to be filed, and before the filing of such petition.
15Whoever forges the name of a signer upon any petition required
16by this Article is deemed guilty of a forgery and on conviction
17thereof shall be punished accordingly.
18    A candidate for the offices listed in this Section must
19obtain the number of signatures specified in this Section on
20his or her petition for nomination.
21    (a) Statewide office or delegate to a national nominating
22convention. If a candidate seeks to run for statewide office or
23as a delegate or alternate delegate to a national nominating
24convention elected from the State at-large, then the
25candidate's petition for nomination must contain at least 5,000

 

 

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1but not more than 10,000 signatures.
2    (b) Congressional office or congressional delegate to a
3national nominating convention. If a candidate seeks to run for
4United States Congress or as a congressional delegate or
5alternate congressional delegate to a national nominating
6convention elected from a congressional district, then the
7candidate's petition for nomination must contain at least the
8number of signatures equal to 0.5% of the qualified primary
9electors of his or her party in his or her congressional
10district. In the first primary election following a
11redistricting of congressional districts, a candidate's
12petition for nomination must contain at least 600 signatures of
13qualified primary electors of the candidate's political party
14in his or her congressional district.
15    (c) County office. If a candidate seeks to run for any
16countywide office, including but not limited to county board
17chairperson or county board member, elected on an at-large
18basis, in a county other than Cook County, then the candidate's
19petition for nomination must contain at least the number of
20signatures equal to 0.5% of the qualified electors of his or
21her party who cast votes at the last preceding general election
22in his or her county. If a candidate seeks to run for county
23board member elected from a county board district, then the
24candidate's petition for nomination must contain at least the
25number of signatures equal to 0.5% of the qualified primary
26electors of his or her party in the county board district. In

 

 

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1the first primary election following a redistricting of county
2board districts or the initial establishment of county board
3districts, a candidate's petition for nomination must contain
4at least the number of signatures equal to 0.5% of the
5qualified electors of his or her party in the entire county who
6cast votes at the last preceding general election divided by
7the total number of county board districts comprising the
8county board; provided that in no event shall the number of
9signatures be less than 25.
10    (d) County office; Cook County only.
11        (1) If a candidate seeks to run for countywide office
12    in Cook County, then the candidate's petition for
13    nomination must contain at least the number of signatures
14    equal to 0.5% of the qualified electors of his or her party
15    who cast votes at the last preceding general election in
16    Cook County.
17        (2) If a candidate seeks to run for Cook County Board
18    Commissioner, then the candidate's petition for nomination
19    must contain at least the number of signatures equal to
20    0.5% of the qualified primary electors of his or her party
21    in his or her county board district. In the first primary
22    election following a redistricting of Cook County Board of
23    Commissioners districts, a candidate's petition for
24    nomination must contain at least the number of signatures
25    equal to 0.5% of the qualified electors of his or her party
26    in the entire county who cast votes at the last preceding

 

 

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1    general election divided by the total number of county
2    board districts comprising the county board; provided that
3    in no event shall the number of signatures be less than 25.
4        (3) If a candidate seeks to run for Cook County Board
5    of Review Commissioner, which is elected from a district
6    pursuant to subsection (c) of Section 5-5 of the Property
7    Tax Code, then the candidate's petition for nomination must
8    contain at least the number of signatures equal to 0.5% of
9    the total number of registered voters in his or her board
10    of review district in the last general election at which a
11    commissioner was regularly scheduled to be elected from
12    that board of review district. In no event shall the number
13    of signatures required be greater than the requisite number
14    for a candidate who seeks countywide office in Cook County
15    under subsection (d)(1) of this Section. In the first
16    primary election following a redistricting of Cook County
17    Board of Review districts, a candidate's petition for
18    nomination must contain at least 4,000 signatures or at
19    least the number of signatures required for a countywide
20    candidate in Cook County, whichever is less, of the
21    qualified electors of his or her party in the district.
22    (e) Municipal or township office. If a candidate seeks to
23run for municipal or township office, then the candidate's
24petition for nomination must contain at least the number of
25signatures equal to 0.5% of the qualified primary electors of
26his or her party in the municipality or township. If a

 

 

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1candidate seeks to run for alderman of a municipality, then the
2candidate's petition for nomination must contain at least the
3number of signatures equal to 0.5% of the qualified primary
4electors of his or her party of the ward. In the first primary
5election following redistricting of aldermanic wards or
6trustee districts of a municipality or the initial
7establishment of wards or districts, a candidate's petition for
8nomination must contain the number of signatures equal to at
9least 0.5% of the total number of votes cast for the candidate
10of that political party who received the highest number of
11votes in the entire municipality at the last regular election
12at which an officer was regularly scheduled to be elected from
13the entire municipality, divided by the number of wards or
14districts. In no event shall the number of signatures be less
15than 25.
16    (f) State central committeeperson. If a candidate seeks to
17run for State central committeeperson, then the candidate's
18petition for nomination must contain at least 100 signatures of
19the primary electors of his or her party of his or her
20congressional district.
21    (g) Sanitary district trustee. If a candidate seeks to run
22for trustee of a sanitary district in which trustees are not
23elected from wards, then the candidate's petition for
24nomination must contain at least the number of signatures equal
25to 0.5% of the primary electors of his or her party from the
26sanitary district. If a candidate seeks to run for trustee of a

 

 

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1sanitary district in which trustees are elected from wards,
2then the candidate's petition for nomination must contain at
3least the number of signatures equal to 0.5% of the primary
4electors of his or her party in the ward of that sanitary
5district. In the first primary election following
6redistricting of sanitary districts elected from wards, a
7candidate's petition for nomination must contain at least the
8signatures of 150 qualified primary electors of his or her ward
9of that sanitary district.
10    (h) Judicial office. If a candidate seeks to run for
11judicial office in a district, then the candidate's petition
12for nomination must contain the number of signatures equal to
130.4% of the number of votes cast in that district for the
14candidate for his or her political party for the office of
15Governor at the last general election at which a Governor was
16elected, but in no event less than 500 signatures. If a
17candidate seeks to run for judicial office in a circuit or
18subcircuit, then the candidate's petition for nomination must
19contain the number of signatures equal to 0.25% of the number
20of votes cast for the judicial candidate of his or her
21political party who received the highest number of votes at the
22last general election at which a judicial officer from the same
23circuit or subcircuit was regularly scheduled to be elected,
24but in no event less than 1,000 signatures in circuits and
25subcircuits located in the First Judicial District or 500
26signatures in every other Judicial District.

 

 

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1    (i) Precinct, ward, and township committeeperson. If a
2candidate seeks to run for precinct committeeperson, then the
3candidate's petition for nomination must contain at least 10
4signatures of the primary electors of his or her party for the
5precinct. If a candidate seeks to run for ward committeeperson,
6then the candidate's petition for nomination must contain no
7less than the number of signatures equal to 10% of the primary
8electors of his or her party of the ward, but no more than 16%
9of those same electors; provided that the maximum number of
10signatures may be 50 more than the minimum number, whichever is
11greater. If a candidate seeks to run for township
12committeeperson, then the candidate's petition for nomination
13must contain no less than the number of signatures equal to 5%
14of the primary electors of his or her party of the township,
15but no more than 8% of those same electors; provided that the
16maximum number of signatures may be 50 more than the minimum
17number, whichever is greater.
18    (j) State's attorney or regional superintendent of schools
19for multiple counties. If a candidate seeks to run for State's
20attorney or regional Superintendent of Schools who serves more
21than one county, then the candidate's petition for nomination
22must contain at least the number of signatures equal to 0.5% of
23the primary electors of his or her party in the territory
24comprising the counties.
25    (k) Any other office. If a candidate seeks any other
26office, then the candidate's petition for nomination must

 

 

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1contain at least the number of signatures equal to 0.5% of the
2registered voters of the political subdivision, district, or
3division for which the nomination is made or 25 signatures,
4whichever is greater.
5    For purposes of this Section the number of primary electors
6shall be determined by taking the total vote cast, in the
7applicable district, for the candidate for that political party
8who received the highest number of votes, statewide, at the
9last general election in the State at which electors for
10President of the United States were elected. For political
11subdivisions, the number of primary electors shall be
12determined by taking the total vote cast for the candidate for
13that political party who received the highest number of votes
14in the political subdivision at the last regular election at
15which an officer was regularly scheduled to be elected from
16that subdivision. For wards or districts of political
17subdivisions, the number of primary electors shall be
18determined by taking the total vote cast for the candidate for
19that political party who received the highest number of votes
20in the ward or district at the last regular election at which
21an officer was regularly scheduled to be elected from that ward
22or district.
23    A "qualified primary elector" of a party may not sign
24petitions for or be a candidate in the primary of more than one
25party.
26    The changes made to this Section of this amendatory Act of

 

 

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1the 93rd General Assembly are declarative of existing law,
2except for item (3) of subsection (d).
3    Petitions of candidates for nomination for offices herein
4specified, to be filed with the same officer, may contain the
5names of 2 or more candidates of the same political party for
6the same or different offices. In the case of the offices of
7Governor and Lieutenant Governor, a joint petition including
8one candidate for each of those offices must be filed.
9(Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
 
10    (10 ILCS 5/10-5)  (from Ch. 46, par. 10-5)
11    Sec. 10-5. All petitions for nomination shall, besides
12containing the names of candidates, specify as to each:
13    1. The office or offices to which such candidate or
14candidates shall be nominated.
15    2. The new political party, if any, represented, expressed
16in not more than 5 words. However, such party shall not bear
17the same name as, nor include the name of any established
18political party as defined in this Article. This prohibition
19does not preclude any established political party from making
20nominations in those cases in which it is authorized to do so.
21    3. The place of residence of any such candidate or
22candidates with the street and number thereof, if any. In the
23case of electors for President and Vice-President of the United
24States, the names of candidates for President and
25Vice-President may be added to the party name or appellation.

 

 

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1    Such certificate of nomination or nomination papers in
2addition shall include as a part thereof, the oath required by
3Section 7-10.1 of this Act and must include a statement of
4candidacy for each of the candidates named therein, except
5candidates for electors for President and Vice-President of the
6United States. Each such statement shall set out the address of
7such candidate, the office for which he is a candidate, shall
8state that the candidate is qualified for the office specified
9and has filed (or will file before the close of the petition
10filing period) a statement of economic interests as required by
11the Illinois Governmental Ethics Act, shall request that the
12candidate's name be placed upon the official ballot and shall
13be subscribed and sworn to by such candidate before some
14officer authorized to take acknowledgments of deeds in this
15State, and may be in substantially the following form:
16State of Illinois)
17                 ) SS.
18County of........)
19    I,...., being first duly sworn, say that I reside at....
20street, in the city (or village) of.... in the county of....
21State of Illinois; and that I am a qualified voter therein;
22that I am a candidate for election to the office of.... to be
23voted upon at the election to be held on the.... day
24of....,.....; that I have not exceeded any limitation on the
25number of terms I may serve for this office; and that I am
26legally qualified to hold such office and that I have filed (or

 

 

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1will file before the close of the petition filing period) a
2statement of economic interests as required by the Illinois
3Governmental Ethics Act, and I hereby request that my name be
4printed upon the official ballot for election to such office.
5
Signed.................
6    Subscribed and sworn to (or affirmed) before me by.... who
7is to me personally known, this.... day of....,......
8
Signed.................
9
(Official Character)
10(Seal, if officer has one.)
11    In addition, a new political party petition shall have
12attached thereto a certificate stating the names and addresses
13of the party officers authorized to fill vacancies in
14nomination pursuant to Section 10-11.
15    Nomination papers filed under this Section are not valid if
16the candidate named therein fails to file a statement of
17economic interests as required by the Illinois Governmental
18Ethics Act in relation to his candidacy with the appropriate
19officer by the end of the period for the filing of nomination
20papers unless he has filed a statement of economic interests in
21relation to the same governmental unit with that officer during
22the same calendar year as the year in which such nomination
23papers were filed. If the nomination papers of any candidate
24and the statement of economic interest of that candidate are
25not required to be filed with the same officer, the candidate
26must file with the officer with whom the nomination papers are

 

 

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1filed a receipt from the officer with whom the statement of
2economic interests is filed showing the date on which such
3statement was filed. Such receipt shall be so filed not later
4than the last day on which nomination papers may be filed.
5(Source: P.A. 84-551.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".