Full Text of HB2954 101st General Assembly
HB2954 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB2954 Introduced , by Rep. Tim Butler SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-12 | from Ch. 46, par. 7-12 | 10 ILCS 5/10-6 | from Ch. 46, par. 10-6 | 10 ILCS 5/10-6.2 | from Ch. 46, par. 10-6.2 | 10 ILCS 5/10-7 | from Ch. 46, par. 10-7 | 10 ILCS 5/10-8 | from Ch. 46, par. 10-8 | 10 ILCS 5/10-9 | from Ch. 46, par. 10-9 | 10 ILCS 5/10-10 | from Ch. 46, par. 10-10 | 10 ILCS 5/10-11 | from Ch. 46, par. 10-11 | 10 ILCS 5/10-15 | from Ch. 46, par. 10-15 | 60 ILCS 1/150-15 | | 65 ILCS 5/3.1-20-45 | | 65 ILCS 5/3.1-25-20 | from Ch. 24, par. 3.1-25-20 | 65 ILCS 5/4-3-7 | from Ch. 24, par. 4-3-7 | 110 ILCS 805/3-7.10 | from Ch. 122, par. 103-7.10 |
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Amends the Election Code. Provides that a petition for nomination for a municipal or township office shall be filed in the office of the county clerk of the county in which the seat of the township or municipality is located (rather than in the office of the local election official). Makes conforming changes throughout the Code and in the Township Code, the Illinois Municipal Code, and the Public Community College Act. Makes other changes.
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| | 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 7-12, 10-6, 10-6.2, 10-7, 10-8, 10-9, 10-10, 10-11, | 6 | | and 10-15 as follows:
| 7 | | (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
| 8 | | Sec. 7-12. All petitions for nomination shall be filed by | 9 | | mail or
in person as follows: | 10 | | (1) Where the nomination is to be made for a State, | 11 | | congressional, or
judicial office, or for any office a | 12 | | nomination for which is made for a
territorial division or | 13 | | district which comprises more than one county or
is partly | 14 | | in one county and partly in another county or counties, | 15 | | then,
except as otherwise provided in this Section, such | 16 | | petition for nomination
shall be filed in the principal | 17 | | office of the State Board of Elections not
more than 113 | 18 | | and not less than 106 days prior to the date of the | 19 | | primary,
but, in the case of petitions for nomination to | 20 | | fill a vacancy by special
election in the office of | 21 | | representative in Congress from this State, such
petition | 22 | | for nomination shall be filed in the principal office of | 23 | | the State
Board of Elections not more than 85 days and not |
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| 1 | | less than 82 days prior to
the date of the primary.
| 2 | | Where a vacancy occurs in the office of Supreme, | 3 | | Appellate or Circuit
Court Judge within the 3-week period | 4 | | preceding the 106th day before a
general primary election, | 5 | | petitions for nomination for the office in which
the | 6 | | vacancy has occurred shall be filed in the principal office | 7 | | of the
State Board of Elections not more than 92 nor less | 8 | | than 85 days prior to
the date of the general primary | 9 | | election.
| 10 | | Where the nomination is to be made for delegates or | 11 | | alternate
delegates to a national nominating convention, | 12 | | then such petition for
nomination shall be filed in the | 13 | | principal office of the State Board of
Elections not more | 14 | | than 113 and not less than 106 days prior to the date of
| 15 | | the primary; provided, however, that if the rules or | 16 | | policies of a national
political party conflict with such | 17 | | requirements for filing petitions for
nomination for | 18 | | delegates or alternate delegates to a national nominating
| 19 | | convention, the chair of the State central committee of | 20 | | such national
political party shall notify the Board in | 21 | | writing, citing by reference the
rules or policies of the | 22 | | national political party in conflict, and in such
case the | 23 | | Board shall direct such petitions to be filed in accordance | 24 | | with the delegate selection plan adopted by the state | 25 | | central committee of such national political party.
| 26 | | (2) Where the nomination is to be made for a county |
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| 1 | | office or trustee
of a sanitary district then such petition | 2 | | shall be filed in the office
of the county clerk not more | 3 | | than 113 nor less than 106 days prior to the
date of the | 4 | | primary.
| 5 | | (3) Where the nomination is to be made for a municipal | 6 | | or township
office, such petitions for nomination shall be | 7 | | filed in the office of
the county clerk of the county in | 8 | | which the seat of the township or municipality is located | 9 | | local election official , not more than 99 nor less than 92 | 10 | | days
prior to the date of the primary; provided, where a | 11 | | municipality's or
township's boundaries are coextensive | 12 | | with or are entirely within the
jurisdiction of a municipal | 13 | | board of election commissioners, the petitions
shall be | 14 | | filed in the office of such board; and provided, that | 15 | | petitions
for the office of multi-township assessor shall | 16 | | be filed with the election
authority.
| 17 | | (4) The petitions of candidates for State central | 18 | | committeeperson shall
be filed in the principal office of | 19 | | the State Board of Elections not
more than 113 nor less | 20 | | than 106 days prior to the date of the primary.
| 21 | | (5) Petitions of candidates for precinct, township , or | 22 | | ward committeepersons
shall be filed in the office of the | 23 | | county clerk not more
than 113 nor less than 106 days prior | 24 | | to the date of the primary.
| 25 | | (6) The State Board of Elections and the various | 26 | | election authorities
and local election officials with |
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| 1 | | whom such petitions for nominations
are filed shall specify | 2 | | the place where filings shall be made and upon
receipt | 3 | | shall endorse thereon the day and hour on which each | 4 | | petition
was filed. All petitions filed by persons waiting | 5 | | in line as of 8:00
a.m. on the first day for filing, or as | 6 | | of the normal opening hour of
the office involved on such | 7 | | day, shall be deemed filed as of 8:00 a.m.
or the normal | 8 | | opening hour, as the case may be. Petitions filed by mail
| 9 | | and received after midnight of the first day for filing and | 10 | | in the first
mail delivery or pickup of that day shall be | 11 | | deemed as filed as of 8:00
a.m. of that day or as of the | 12 | | normal opening hour of such day, as the
case may be. All | 13 | | petitions received thereafter shall be deemed as filed
in | 14 | | the order of actual receipt. However, 2 or more petitions | 15 | | filed within the last hour of the filing deadline shall be | 16 | | deemed filed simultaneously. Where 2 or more petitions are | 17 | | received
simultaneously, the State Board of Elections or | 18 | | the various election
authorities or local election | 19 | | officials with whom such petitions are
filed shall break | 20 | | ties and determine the order of filing, by means of a
| 21 | | lottery or other fair and impartial method of random | 22 | | selection approved
by the State Board of Elections. Such | 23 | | lottery shall be conducted within
9 days following the last | 24 | | day for petition filing and shall be open to the
public. | 25 | | Seven days written notice of the time and place of | 26 | | conducting such
random selection shall be given by the |
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| 1 | | State Board of Elections to the chair
of the State central | 2 | | committee of each established political
party, and by each | 3 | | election authority or local election official , to the
| 4 | | County Chair of each established political party, and to | 5 | | each
organization of citizens within the election | 6 | | jurisdiction which was
entitled, under this Article, at the | 7 | | next preceding election, to have
pollwatchers present on | 8 | | the day of election. The State Board of Elections or ,
| 9 | | election authority or local election official shall post in | 10 | | a conspicuous,
open and public place, at the entrance of | 11 | | the office, notice of the time
and place of such lottery. | 12 | | The State Board of Elections shall adopt rules
and | 13 | | regulations governing the procedures for the conduct of | 14 | | such lottery.
All candidates shall be certified in the | 15 | | order in which their petitions
have been filed. Where | 16 | | candidates have filed simultaneously, they shall be
| 17 | | certified in the order determined by lot and prior to | 18 | | candidates who filed
for the same office at a later time.
| 19 | | (7) The State Board of Elections or the appropriate | 20 | | election
authority or local election official with whom | 21 | | such a petition for
nomination is filed shall notify the | 22 | | person for whom a petition for
nomination has been filed 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 or her
candidacy | 6 | | with the appropriate officer by the end of the period for | 7 | | the
filing of nomination papers unless he has filed a | 8 | | statement of economic
interests in relation to the same | 9 | | governmental unit with that officer
within a year preceding | 10 | | the date on which such nomination papers were
filed. If the | 11 | | nomination papers of any candidate and the statement of
| 12 | | economic interest of that candidate are not required to be | 13 | | filed with
the same officer, the candidate must file with | 14 | | the officer with whom the
nomination papers are filed a | 15 | | receipt from the officer with whom the
statement of | 16 | | economic interests is filed showing the date on which such
| 17 | | statement was filed. Such receipt shall be so filed not | 18 | | later than the
last day on which nomination papers may be | 19 | | filed.
| 20 | | (9) Any person for whom a petition for nomination, or | 21 | | for committeeperson or
for delegate or alternate delegate | 22 | | to a national nominating convention has
been filed may | 23 | | cause his or her name to be withdrawn by request in | 24 | | writing, signed
by him and duly acknowledged before an | 25 | | officer qualified to take
acknowledgments of deeds, and | 26 | | filed in the principal or permanent branch
office of the |
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| 1 | | State Board of Elections or with the appropriate election
| 2 | | authority or local election official , not later than the | 3 | | date of
certification of candidates for the consolidated | 4 | | primary or general primary
ballot. No names so withdrawn | 5 | | shall be certified or printed on the
primary ballot. If | 6 | | petitions for nomination have been filed for the
same | 7 | | person with respect to more than one political party, his | 8 | | or her name
shall not be certified nor printed on the | 9 | | primary ballot of any party.
If petitions for nomination | 10 | | have been filed for the same person for 2 or
more offices | 11 | | which are incompatible so that the same person could not
| 12 | | serve in more than one of such offices if elected, that | 13 | | person must
withdraw as a candidate for all but one of such | 14 | | offices within the
5 business days following the last day | 15 | | for petition filing. A candidate in a judicial election may | 16 | | file petitions for nomination for only one vacancy in a | 17 | | subcircuit and only one vacancy in a circuit in any one | 18 | | filing period, and if petitions for nomination have been | 19 | | filed for the same person for 2 or more vacancies in the | 20 | | same circuit or subcircuit in the same filing period, his | 21 | | or her name shall be certified only for the first vacancy | 22 | | for which the petitions for nomination were filed. If he or | 23 | | she fails to
withdraw as a candidate for all but one of | 24 | | such offices within such time
his or her name shall not be | 25 | | certified, nor printed on the primary ballot, for any
| 26 | | office. For the purpose of the foregoing provisions, an |
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| 1 | | office in a
political party is not incompatible with any | 2 | | other office.
| 3 | | (10)(a) Notwithstanding the provisions of any other | 4 | | statute, no primary
shall be held for an established | 5 | | political party in any township,
municipality, or ward | 6 | | thereof, where the nomination of such
party for every | 7 | | office to be voted upon by the electors of such
township, | 8 | | municipality, or ward thereof, is uncontested. Whenever a
| 9 | | political party's nomination of candidates is uncontested | 10 | | as to one or
more, but not all, of the offices to be voted | 11 | | upon by the electors of a
township, municipality, or ward | 12 | | thereof, then a primary shall
be held for that party in | 13 | | such township, municipality, or ward thereof;
provided | 14 | | that the primary ballot shall not include those offices
| 15 | | within such township, municipality, or ward thereof, for | 16 | | which the
nomination is uncontested. For purposes of this | 17 | | Article, the nomination
of an established political party | 18 | | of a candidate for election to an office
shall be deemed to | 19 | | be uncontested where not more than the number of persons
to | 20 | | be nominated have timely filed valid nomination papers | 21 | | seeking the
nomination of such party for election to such | 22 | | office.
| 23 | | (b) Notwithstanding the provisions of any other | 24 | | statute, no primary
election shall be held for an | 25 | | established political party for any special
primary | 26 | | election called for the purpose of filling a vacancy in the |
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| 1 | | office
of representative in the United States Congress | 2 | | where the nomination of
such political party for said | 3 | | office is uncontested. For the purposes of
this Article, | 4 | | the nomination of an established political party of a
| 5 | | candidate for election to said office shall be deemed to be | 6 | | uncontested
where not more than the number of persons to be | 7 | | nominated have timely filed
valid nomination papers | 8 | | seeking the nomination of such established party
for | 9 | | election to said office. This subsection (b) shall not | 10 | | apply if such
primary election is conducted on a regularly | 11 | | scheduled election day.
| 12 | | (c) Notwithstanding the provisions in subparagraph (a) | 13 | | and (b) of this
paragraph (10), whenever a person who has | 14 | | not timely filed valid nomination
papers and who intends to | 15 | | become a write-in candidate for a political
party's | 16 | | nomination for any office for which the nomination is | 17 | | uncontested
files a written statement or notice of that | 18 | | intent with the State Board of
Elections or the election | 19 | | authority local election official with whom nomination | 20 | | papers for
such office are filed, a primary ballot shall be | 21 | | prepared and a primary
shall be held for that office. Such | 22 | | statement or notice shall be filed on
or before the date | 23 | | established in this Article for certifying candidates
for | 24 | | the primary ballot. Such statement or notice shall contain | 25 | | (i) the
name and address of the person intending to become | 26 | | a write-in candidate,
(ii) a statement that the person is a |
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| 1 | | qualified primary elector of the
political party from whom | 2 | | the nomination is sought, (iii) a statement that
the person | 3 | | intends to become a write-in candidate for the party's
| 4 | | nomination, and (iv) the office the person is seeking as a | 5 | | write-in
candidate. An election authority shall have no | 6 | | duty to conduct a primary
and prepare a primary ballot for | 7 | | any office for which the nomination is
uncontested unless a | 8 | | statement or notice meeting the requirements of this
| 9 | | Section is filed in a timely manner.
| 10 | | (11) If multiple sets of nomination papers are filed | 11 | | for a candidate to
the same office, the State Board of | 12 | | Elections or , appropriate election
authority or local | 13 | | election official where the petitions are filed shall
| 14 | | within 2 business days notify the candidate of his or her | 15 | | multiple petition
filings and that the candidate has 3 | 16 | | business days after receipt of the
notice to notify the | 17 | | State Board of Elections or , appropriate election
| 18 | | authority or local election official that he or she may | 19 | | cancel prior sets
of petitions. If the candidate notifies | 20 | | the State Board of Elections or ,
appropriate election | 21 | | authority or local election official , the last set of
| 22 | | petitions filed shall be the only petitions to be | 23 | | considered valid by the
State Board of Elections or , | 24 | | election authority or local election official . If
the | 25 | | candidate fails to notify the State Board of Elections or , | 26 | | election authority ,
or local
election official then only |
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| 1 | | the first set of petitions filed shall be valid
and all | 2 | | subsequent petitions shall be void.
| 3 | | (12) All nominating petitions shall be available for | 4 | | public inspection
and shall be preserved for a period of | 5 | | not less than 6 months.
| 6 | | (13) Notwithstanding the provisions of any other | 7 | | statute, all nominating petitions shall be filed with | 8 | | either the State Board of Elections or the appropriate | 9 | | election authority. | 10 | | (Source: P.A. 99-221, eff. 7-31-15; 100-1027, eff. 1-1-19 .)
| 11 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 12 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 13 | | nomination and nomination papers for the nomination of | 14 | | candidates for
offices to be filled by electors of the entire | 15 | | State, or any district
not entirely within a county, or for | 16 | | congressional, state legislative or
judicial offices, shall be | 17 | | presented to the principal office of the
State Board of | 18 | | Elections not more than 141 nor less than 134
days previous
to | 19 | | the day of election for which the candidates are nominated. The
| 20 | | State Board of Elections shall endorse the certificates of | 21 | | nomination or
nomination papers, as the case may be, and the | 22 | | date and hour of
presentment to it. Except as otherwise | 23 | | provided in this Section section , all
other certificates for | 24 | | the nomination of candidates shall be filed with
the county | 25 | | clerk of the respective counties not more than 141 but at
least |
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| 1 | | 134 days previous to the day of such election. Certificates of | 2 | | nomination and nomination papers for the nomination of | 3 | | candidates for school district offices to be filled at | 4 | | consolidated elections shall be filed with the county clerk or | 5 | | county board of election commissioners of the county in which | 6 | | the principal office of the school district is located not more | 7 | | than 113 nor less than 106 days before the consolidated | 8 | | election. Certificates
of
nomination and nomination papers for | 9 | | the nomination of candidates for
the other offices of political | 10 | | subdivisions to be filled at regular elections
other than the | 11 | | general election shall be filed with the county clerk of the | 12 | | respective county local election
official of such subdivision :
| 13 | | (1) (Blank);
| 14 | | (2) not more than 113 nor less than 106 days prior to | 15 | | the
consolidated
election; or
| 16 | | (3) not more than 113 nor less than 106 days prior to | 17 | | the general
primary in the case of municipal offices to be | 18 | | filled at the general
primary election; or
| 19 | | (4) not more than 99 nor less than 92 days before the
| 20 | | consolidated
primary in the case of municipal offices to be | 21 | | elected on a nonpartisan
basis pursuant to law (including | 22 | | without limitation, those municipal
offices subject to | 23 | | Articles 4 and 5 of the Municipal Code); or
| 24 | | (5) not more than 113 nor less than 106 days before the | 25 | | municipal
primary in even numbered years for such | 26 | | nonpartisan municipal offices
where annual elections are |
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| 1 | | provided; or
| 2 | | (6) in the case of petitions for the office of | 3 | | multi-township assessor,
such petitions shall be filed | 4 | | with the election authority not more than
113 nor less than | 5 | | 106 days before the consolidated election.
| 6 | | However, where a political subdivision's boundaries are | 7 | | co-extensive
with or are entirely within the jurisdiction of a | 8 | | municipal board of
election commissioners, the certificates of | 9 | | nomination and nomination
papers for candidates for such | 10 | | political subdivision offices shall be filed
in the office of | 11 | | such Board.
| 12 | | (Source: P.A. 98-691, eff. 7-1-14; 99-522, eff. 6-30-16.)
| 13 | | (10 ILCS 5/10-6.2) (from Ch. 46, par. 10-6.2)
| 14 | | Sec. 10-6.2.
The State Board of Elections or , the election | 15 | | authority or
the local election official with whom petitions | 16 | | for nomination are filed
pursuant to this Article 10 shall | 17 | | specify the place where filings shall
be made and upon receipt | 18 | | shall endorse thereon the day and the hour at
which each | 19 | | petition was filed. Except as provided by Article 9 of The
| 20 | | School Code, all petitions filed by persons waiting
in line as | 21 | | of 8:00 a.m. on the first day for filing, or as of the normal
| 22 | | opening hour of the office involved on such day, shall be | 23 | | deemed filed
as of 8:00 a.m. or the normal opening hour, as the | 24 | | case may be.
Petitions filed by mail and received after | 25 | | midnight of the first day for
filing and in the first mail |
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| 1 | | delivery or pickup of that day shall be
deemed filed as of 8:00 | 2 | | a.m. of that day or as of the normal opening
hour of such day, | 3 | | as the case may be. All petitions received thereafter
shall be | 4 | | deemed filed in the order of actual receipt. However, 2 or more | 5 | | petitions filed within the last hour of the filing deadline | 6 | | shall be deemed filed simultaneously. Where 2 or more
petitions | 7 | | are received simultaneously, the State Board of Elections or , | 8 | | the
election authority or the local election official with whom | 9 | | such
petitions are filed shall break ties and determine the | 10 | | order of filing
by means of a lottery or other fair and | 11 | | impartial method of random
selection approved by the State | 12 | | Board of Elections. Such lottery shall
be conducted within 9 | 13 | | days following the last day for petition filing and shall
be | 14 | | open to the public. Seven days written notice of the time and | 15 | | place of
conducting such random selection shall be given , by | 16 | | the State Board of
Elections or , the election authority , or | 17 | | local election official, to the Chair
of each political party, | 18 | | and to each organization of citizens within the
election | 19 | | jurisdiction which was entitled, under this Code, at the next
| 20 | | preceding election, to have pollwatchers present on the day of | 21 | | election. The
State Board of Elections or , the election | 22 | | authority or local election official
shall post in a | 23 | | conspicuous, open and public place, at the entrance of the
| 24 | | office, notice of the time and place of such lottery. The State | 25 | | Board of
Elections shall adopt rules and regulations governing | 26 | | the procedures for
the conduct of such lottery. All candidates |
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| 1 | | shall be
certified in the order in which their petitions have | 2 | | been filed and in the
manner prescribed by Section 10-14 and | 3 | | 10-15 of this Article. Where
candidates have filed | 4 | | simultaneously, they shall be certified in the order
determined | 5 | | by lot and prior to candidates who filed for the same office or
| 6 | | offices at a later time. Certificates of nomination filed | 7 | | within the
period prescribed in Section 10-6(2) for candidates | 8 | | nominated by caucus for
township or municipal offices shall be | 9 | | subject to the ballot placement
lottery for established | 10 | | political parties prescribed in Section 7-60 of
this Code.
| 11 | | If multiple sets of nomination papers are filed for a | 12 | | candidate to
the same office, the State Board of Elections or , | 13 | | appropriate election
authority or local election official | 14 | | where the petitions are filed shall
within 2 business days | 15 | | notify the candidate of his or her multiple petition
filings | 16 | | and that the candidate has 3 business days after receipt of the | 17 | | notice
to notify the State Board of Elections or , appropriate | 18 | | election authority or local
election official that he or she | 19 | | may cancel prior sets of petitions. If the
candidate notifies | 20 | | the State Board of Elections or , appropriate election authority
| 21 | | or local election official , the last set of petitions filed | 22 | | shall be the only
petitions to be considered valid by the State | 23 | | Board of Elections or , election
authority or local election | 24 | | official . If the candidate fails to notify the
State Board of | 25 | | Elections or , appropriate election authority , or local | 26 | | election
official then only the first set of petitions filed |
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| 1 | | shall be valid and all
subsequent petitions shall be void.
| 2 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 3 | | (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| 4 | | Sec. 10-7.
Any person whose name has been presented as a | 5 | | candidate, including nonpartisan and independent candidates,
| 6 | | may cause his or her name to be withdrawn from any such | 7 | | nomination by his
request in writing, signed by him and duly | 8 | | acknowledged before an
officer qualified to take | 9 | | acknowledgment of deeds, and presented to the
principal office | 10 | | or permanent branch office of the State Board of Elections or , | 11 | | the appropriate election
authority , or the local election | 12 | | official, as the case may be, not later
than the date for | 13 | | certification of candidates for the ballot. No name so
| 14 | | withdrawn shall be printed upon the ballots under the party | 15 | | appellation or
title from which the candidate has withdrawn his | 16 | | or her name. If such a request for withdrawal is received after | 17 | | the date for certification of the candidates for the ballot, | 18 | | then the votes cast for the withdrawn candidate are invalid and | 19 | | shall not be reported by the State Board of Elections or | 20 | | election authority. If the name of the
same person has been | 21 | | presented as a candidate for 2 or more offices which
are | 22 | | incompatible so that the same person could not serve in more | 23 | | than one
of such offices if elected, that person must withdraw | 24 | | as a candidate for
all but one of such offices within the 5 | 25 | | business days following the last
day for petition filing. If he |
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| 1 | | or she fails to withdraw as a candidate for all
but one of such | 2 | | offices within such time, his or her name shall not be | 3 | | certified,
nor printed on the ballot, for any office. However, | 4 | | nothing in this section
shall be construed as precluding a | 5 | | judge who is seeking retention in office
from also being a | 6 | | candidate for another judicial office. Except as
otherwise | 7 | | herein provided, in case the certificate of nomination or
| 8 | | petition as provided for in this Article shall contain or | 9 | | exhibit the name
of any candidate for any office upon more than | 10 | | one of said certificates or
petitions (for the same office), | 11 | | then and in that case the State Board of Elections or
election | 12 | | authority or local election official, as the case may be, shall
| 13 | | immediately notify said candidate of said fact and that his or | 14 | | her name appears
unlawfully upon more than one of said | 15 | | certificates or petitions and that
within 3 days from the | 16 | | receipt of said notification, said candidate must
elect as to | 17 | | which of said political party appellations or groups he or she | 18 | | desires
his or her name to appear and remain under upon said | 19 | | ballot, and if said candidate
refuses, fails or neglects to | 20 | | make such election, then and in that case the State
Board of | 21 | | Elections or election authority or local election official, as | 22 | | the case may be,
shall permit the name of said candidate to | 23 | | appear or be printed or placed
upon said ballot only under the | 24 | | political party appellation or group
appearing on the | 25 | | certificate of nomination or petition, as the case may be,
| 26 | | first filed, and shall strike or cause to be stricken the name |
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| 1 | | of said
candidate from all certificates of nomination and | 2 | | petitions
filed after the first such certificate of nomination | 3 | | or petition.
| 4 | | Whenever the name of a candidate for an office is withdrawn | 5 | | from a new
political party petition, it shall constitute a | 6 | | vacancy in nomination for
that office which may be filled in | 7 | | accordance with Section 10-11 of this
Article; provided, that | 8 | | if the names of all candidates for all offices on
a new | 9 | | political party petition are withdrawn or such petition is | 10 | | declared
invalid by an electoral board or upon judicial review, | 11 | | no vacancies in
nomination for those offices shall exist and | 12 | | the filing of any notice or
resolution purporting to fill | 13 | | vacancies in nomination shall have no legal effect.
| 14 | | Whenever the name of an independent candidate for an office | 15 | | is withdrawn
or an independent candidate's petition is declared | 16 | | invalid by an electoral
board or upon judicial review, no | 17 | | vacancy in nomination for that office
shall exist and the | 18 | | filing of any notice or resolution purporting to fill
a vacancy | 19 | | in nomination shall have no legal effect.
| 20 | | All certificates of nomination and nomination papers when | 21 | | presented or
filed shall be open, under proper regulation, to | 22 | | public inspection, and the
State Board of Elections and the | 23 | | several election authorities and local
election officials | 24 | | having charge of nomination papers shall preserve the
same in | 25 | | their respective offices not less than 6 months.
| 26 | | (Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15 .)
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| 1 | | (10 ILCS 5/10-8) (from Ch. 46, par. 10-8)
| 2 | | Sec. 10-8.
Certificates of nomination and nomination | 3 | | papers, and
petitions to submit public questions to a | 4 | | referendum, being filed as
required by this Code, and being in | 5 | | apparent conformity with the
provisions of this Act, shall be | 6 | | deemed to be valid unless objection
thereto is duly made in | 7 | | writing within 5 business days after the last day for
filing | 8 | | the certificate of nomination or nomination papers or petition
| 9 | | for a public question, with the following exceptions:
| 10 | | A. In the case of petitions to amend Article IV of the
| 11 | | Constitution of the State of Illinois, there shall be a | 12 | | period of 35
business days after the last day for the | 13 | | filing of such
petitions in which objections can be filed.
| 14 | | B. In the case of petitions for advisory questions of | 15 | | public policy to be
submitted to the voters of the entire | 16 | | State, there shall be a period of
35 business days after | 17 | | the last day for the filing of such
petitions in which | 18 | | objections can be filed.
| 19 | | Any legal voter of the political subdivision or district in | 20 | | which the
candidate or public question is to be voted on, or | 21 | | any legal voter in
the State in the case of a proposed | 22 | | amendment to Article IV of the
Constitution or an advisory | 23 | | public question to be submitted to the
voters of the entire | 24 | | State, having objections to any certificate of nomination
or | 25 | | nomination papers or petitions filed, shall file an objector's |
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| 1 | | petition
together with 2 copies thereof in the principal office | 2 | | or the permanent branch
office of the State Board of Elections , | 3 | | or in the office of the election
authority or local election | 4 | | official with whom the certificate of
nomination, nomination | 5 | | papers or petitions are on file. Objection petitions that do | 6 | | not include 2 copies thereof, shall not be accepted.
In the | 7 | | case of nomination papers or certificates of nomination,
the | 8 | | State Board of Elections or , election authority or local | 9 | | election official
shall note the day and hour upon which such | 10 | | objector's
petition is filed, and shall, not later than 12:00
| 11 | | noon on the second business day after receipt of the
petition, | 12 | | transmit by registered mail or receipted
personal delivery the | 13 | | certificate of nomination or nomination papers and
the original | 14 | | objector's petition to the chair of the proper electoral
board | 15 | | designated in Section 10-9 hereof, or his or her authorized | 16 | | agent, and
shall transmit a copy by registered mail or | 17 | | receipted personal delivery
of the objector's petition, to the | 18 | | candidate whose certificate of nomination
or nomination papers | 19 | | are objected to, addressed to the place of residence
designated | 20 | | in said certificate of nomination or nomination papers. In the
| 21 | | case of objections to a petition for a proposed amendment to | 22 | | Article IV of
the Constitution or for an advisory public | 23 | | question to be submitted to the
voters of the entire State, the | 24 | | State Board of Elections shall note the day
and hour upon which | 25 | | such objector's petition is filed and shall transmit a
copy of | 26 | | the objector's petition by registered mail or receipted |
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| 1 | | personal
delivery to the person designated on a certificate | 2 | | attached to the petition
as the principal proponent of such | 3 | | proposed amendment or public question,
or as the proponents' | 4 | | attorney, for the purpose of receiving notice of
objections. In | 5 | | the case of objections to a petition for a public question,
to | 6 | | be submitted to the voters of a political subdivision, or | 7 | | district
thereof, the election authority or local election | 8 | | official with whom such
petition is filed shall note the day | 9 | | and hour upon which such
objector's petition was filed, and | 10 | | shall, not later than 12:00 noon on the
second business day | 11 | | after receipt of the petition,
transmit by registered mail or | 12 | | receipted personal delivery
the petition for the public | 13 | | question and the original objector's petition
to the chair of | 14 | | the proper electoral board designated in Section 10-9
hereof, | 15 | | or his or her authorized agent, and shall transmit a copy by
| 16 | | registered mail or receipted personal delivery, of the | 17 | | objector's petition
to the person designated on a certificate | 18 | | attached to the petition as the
principal proponent of the | 19 | | public question, or as the proponent's attorney,
for the | 20 | | purposes of receiving notice of objections.
| 21 | | The objector's petition shall give the objector's name and | 22 | | residence
address, and shall state fully the nature of the | 23 | | objections to the
certificate of nomination or nomination | 24 | | papers or petitions in question,
and shall state the interest | 25 | | of the objector and shall state what relief
is requested of the | 26 | | electoral board.
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| 1 | | The provisions of this Section and of Sections 10-9, 10-10 | 2 | | and
10-10.1 shall also apply to and govern objections to | 3 | | petitions for
nomination filed under Article 7 or Article 8, | 4 | | except as otherwise
provided in Section 7-13 for cases to which | 5 | | it is applicable, and also
apply to and govern petitions for | 6 | | the submission of public questions under
Article 28.
| 7 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 8 | | (10 ILCS 5/10-9) (from Ch. 46, par. 10-9)
| 9 | | Sec. 10-9. The following electoral boards are designated | 10 | | for the
purpose of hearing and passing upon the objector's | 11 | | petition described in
Section 10-8.
| 12 | | 1. The State Board of Elections will hear and pass upon | 13 | | objections
to the nominations of candidates for State | 14 | | offices,
nominations of candidates for congressional or | 15 | | legislative offices that are in more than one county or are | 16 | | wholly located within a single county with a population of | 17 | | less than 3,000,000 and judicial
offices of districts, | 18 | | subcircuits, or circuits situated in more than one county, | 19 | | nominations
of candidates for the offices of State's | 20 | | attorney or regional superintendent
of schools to be | 21 | | elected from more than one county, and petitions for
| 22 | | proposed amendments to the Constitution of the State of | 23 | | Illinois as
provided for in Section 3 of Article XIV of the | 24 | | Constitution.
| 25 | | 2. The county officers electoral board of a county with |
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| 1 | | a population of less than 3,000,000 to hear and pass upon
| 2 | | objections to the nominations of candidates for county | 3 | | offices and judicial offices of a district, subcircuit, or
| 4 | | circuit coterminous with or less than a county, for any | 5 | | school district offices, for the office of multi-township | 6 | | assessor where candidates for
such office are nominated in | 7 | | accordance with this Code, and for all special
district | 8 | | offices, shall be composed of the county clerk, or an | 9 | | assistant
designated by the county clerk, the State's | 10 | | attorney of the county or
an Assistant State's Attorney | 11 | | designated by the State's Attorney, and the
clerk of the | 12 | | circuit court, or an assistant designated by the clerk of
| 13 | | the circuit court, of the county, of whom the county clerk | 14 | | or his or her designee
shall be the chair, except that in | 15 | | any county which has established a
county board of election | 16 | | commissioners that board
shall constitute the county | 17 | | officers electoral board ex-officio. If a school district | 18 | | is located in 2 or more counties, the county officers | 19 | | electoral board of the county in which the principal office | 20 | | of the school district is located shall hear and pass upon | 21 | | objections to nominations of candidates for school | 22 | | district office in that school district.
| 23 | | 2.5. The county officers electoral board of a county | 24 | | with a population of 3,000,000 or more to hear and
pass | 25 | | upon objections to the nominations of candidates for county | 26 | | offices, candidates for congressional and legislative |
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| 1 | | offices if the district is wholly within a county with a | 2 | | population of 3,000,000 or more, unless the district is | 3 | | wholly or partially within the jurisdiction of a municipal | 4 | | board of election commissioners, and judicial offices of a | 5 | | district, subcircuit, or circuit coterminous with or less | 6 | | than a county, for any school district offices, for the | 7 | | office of multi-township assessor where candidates for | 8 | | such office are nominated in accordance with this Code, and | 9 | | for all special district offices, shall be composed of the | 10 | | county clerk, or an assistant designated by the county | 11 | | clerk, the State's Attorney of the county or an Assistant | 12 | | State's Attorney designated by the State's Attorney, and | 13 | | the clerk of the circuit court, or an assistant designated | 14 | | by the clerk of the circuit court, of the county, of whom | 15 | | the county clerk or his or her designee shall be the chair, | 16 | | except that, in any county which has established a county | 17 | | board of election commissioners, that board shall | 18 | | constitute the county officers electoral board ex-officio. | 19 | | If a school district is located in 2 or more counties, the | 20 | | county officers electoral board of the county in which the | 21 | | principal office of the school district is located shall | 22 | | hear and pass upon objections to nominations of candidates | 23 | | for school district office in that school district. | 24 | | 3. Objections to the nomination of candidates for | 25 | | officers of municipalities, officers of townships, and | 26 | | offices in community college districts shall be heard by |
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| 1 | | the county officers electoral board in the county where the | 2 | | municipality, township, or community college district is | 3 | | situated. Where a municipality, township, or community | 4 | | college district is situated in 2 or more counties, the | 5 | | county officers electoral board of the county in which the | 6 | | principal office of the municipality, township, or | 7 | | community college is located shall hear and pass upon | 8 | | objections to nominations of candidates in that | 9 | | municipality, township, or community college district. The | 10 | | municipal officers electoral board to hear and pass upon
| 11 | | objections to the nominations of candidates for officers of
| 12 | | municipalities shall be composed of the mayor or president | 13 | | of the board
of trustees of the city, village or | 14 | | incorporated town, and the city,
village or incorporated | 15 | | town clerk, and one member of the city council
or board of | 16 | | trustees, that member being designated who is eligible to
| 17 | | serve on the electoral board and has served the
greatest | 18 | | number of years as a member of the city council or board of
| 19 | | trustees, of whom the mayor or president of the board of | 20 | | trustees shall
be the chair.
| 21 | | 4. (Blank). The township officers electoral board to | 22 | | pass upon objections to
the nominations of township | 23 | | officers shall be composed of the township
supervisor, the | 24 | | town clerk, and that eligible town trustee elected in the
| 25 | | township who has had the longest term of continuous service | 26 | | as town
trustee, of whom the township supervisor shall be |
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| 1 | | the chair.
| 2 | | 5. (Blank). The education officers electoral board to | 3 | | hear and pass upon
objections to the nominations of | 4 | | candidates for offices in
community college districts | 5 | | shall be composed of the presiding officer of
the community | 6 | | college district board, who shall be the chair,
the | 7 | | secretary of the community college district board and the
| 8 | | eligible elected community college board member who has the
| 9 | | longest term of continuous service as a board member.
| 10 | | 6. In all cases, however, where the Congressional, | 11 | | Legislative, or Representative
district is wholly or | 12 | | partially within the jurisdiction of a single municipal | 13 | | board of election
commissioners in Cook County and in all | 14 | | cases where the school district or special
district is | 15 | | wholly within the jurisdiction of a municipal board of
| 16 | | election commissioners and in all cases where the | 17 | | municipality or
township is wholly or partially within the | 18 | | jurisdiction of a municipal
board of election | 19 | | commissioners, the board of election commissioners
shall | 20 | | ex-officio constitute the electoral board.
| 21 | | For special districts situated in more than one county, the | 22 | | county officers
electoral board of the county in which the | 23 | | principal office of the district
is located has jurisdiction to | 24 | | hear and pass upon objections. For purposes
of this Section, | 25 | | "special districts" means all political subdivisions other
| 26 | | than counties, municipalities, townships and school and |
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| 1 | | community college
districts.
| 2 | | In the event that any member of the appropriate board is a | 3 | | candidate
for the office with relation to which the objector's | 4 | | petition is filed,
he or she shall not be eligible to serve on | 5 | | that board and shall not act as
a member of the board and the | 6 | | county treasurer shall serve in his or her place. If the county | 7 | | treasurer is ineligible to serve, the sheriff of the county | 8 | | shall serve in his or her place. his place shall be filled as | 9 | | follows:
| 10 | | a. In the county officers electoral board by the county
| 11 | | treasurer, and if he or she is ineligible to serve, by the | 12 | | sheriff of the
county.
| 13 | | b. In the municipal officers electoral board by the | 14 | | eligible
elected city council or board of trustees member | 15 | | who has served the second
greatest number of years as a | 16 | | city council or board of trustees member.
| 17 | | c. In the township officers electoral board by the | 18 | | eligible
elected town trustee who has had the second | 19 | | longest term of continuous service
as a town trustee.
| 20 | | d. In the education officers electoral board by the | 21 | | eligible
elected community college district board member | 22 | | who has had the
second longest term of continuous service | 23 | | as a board member.
| 24 | | In the event that the chair of the electoral board is | 25 | | ineligible
to act because of the fact that he or she is a | 26 | | candidate for the office with
relation to which the objector's |
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| 1 | | petition is filed, then the substitute
chosen under the | 2 | | provisions of this Section shall be the chair; In
this case, | 3 | | the officer or board with whom the objector's petition is
| 4 | | filed, shall transmit the certificate of nomination or | 5 | | nomination papers
as the case may be, and the objector's | 6 | | petition to the substitute chair
of the electoral board.
| 7 | | When 2 or more eligible individuals, by reason of their | 8 | | terms of service
on a city council or board of trustees, | 9 | | township board of
trustees, or community college district | 10 | | board, qualify to serve
on an electoral board, the one to serve | 11 | | shall be chosen by lot.
| 12 | | Any vacancies on an electoral board not otherwise filled | 13 | | pursuant to this
Section shall be filled by public members | 14 | | appointed by the Chief Judge of
the Circuit Court for the | 15 | | county wherein the electoral board hearing is
being held upon | 16 | | notification to the Chief Judge of such
vacancies. The Chief | 17 | | Judge shall be so notified by a member of the electoral
board | 18 | | or the officer or board with whom the objector's petition was | 19 | | filed.
In the event that none of the individuals designated by | 20 | | this Section to
serve on the electoral board are eligible, the | 21 | | chair of an electoral
board shall be designated by the Chief | 22 | | Judge.
| 23 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 24 | | (10 ILCS 5/10-10) (from Ch. 46, par. 10-10)
| 25 | | Sec. 10-10. Within 24 hours after the receipt of the |
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| 1 | | certificate of
nomination or nomination papers or proposed | 2 | | question of public
policy, as the case may be, and the | 3 | | objector's petition, the chair
of the electoral board other | 4 | | than the State Board of Elections shall
send a call by | 5 | | registered or certified mail to each of the members of the
| 6 | | electoral board, and to the objector who filed the objector's | 7 | | petition, and
either to the candidate whose certificate of | 8 | | nomination or nomination
papers are objected to or to the | 9 | | principal proponent or attorney for
proponents of a question of | 10 | | public policy , as the case may be, whose
petitions are objected | 11 | | to, and shall also cause the sheriff of the county
or counties | 12 | | in which such officers and persons reside to serve a copy of
| 13 | | such call upon each of such officers and persons, which call | 14 | | shall set out
the fact that the electoral board is required to | 15 | | meet to hear and pass upon
the objections to nominations made | 16 | | for the office, designating it, and
shall state the day, hour | 17 | | and place at which the electoral board shall meet
for the | 18 | | purpose, which place shall be in the
county court house in the | 19 | | county in the case of the County Officers
Electoral Board , the | 20 | | Municipal Officers Electoral Board, the Township
Officers | 21 | | Electoral Board or the Education Officers Electoral Board, | 22 | | except that the Municipal Officers Electoral Board, the | 23 | | Township Officers Electoral Board, and the Education Officers | 24 | | Electoral Board may meet at the location where the governing | 25 | | body of the municipality, township, or community college | 26 | | district, respectively, holds its regularly scheduled |
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| 1 | | meetings, if that location is available ; provided that voter | 2 | | records may be removed from the offices of an election | 3 | | authority only at the discretion and under the supervision of | 4 | | the election authority.
In
those cases where the State Board of | 5 | | Elections is the electoral board
designated under Section 10-9, | 6 | | the chair of the State Board of Elections
shall, within 24 | 7 | | hours after the receipt of the certificate of nomination
or | 8 | | nomination papers or petitions for a proposed amendment to | 9 | | Article IV of
the Constitution or proposed statewide question | 10 | | of public policy, send a
call by registered or certified mail | 11 | | to the objector who files the
objector's petition, and either | 12 | | to the candidate whose certificate of
nomination or nomination | 13 | | papers are objected to or to the principal
proponent or | 14 | | attorney for proponents of the proposed Constitutional
| 15 | | amendment or statewide question of public policy and shall | 16 | | state the day,
hour, and place at which the electoral board | 17 | | shall meet for the purpose,
which place may be in the Capitol | 18 | | Building or in the principal or permanent
branch office of the | 19 | | State Board of Elections . The day of the meeting shall not be | 20 | | less
than 3 nor more than 5 days after the receipt of the | 21 | | certificate of
nomination or nomination papers and the | 22 | | objector's petition by the chair
of the electoral board.
| 23 | | The electoral board shall have the power to administer | 24 | | oaths and to
subpoena and examine witnesses and, at the request | 25 | | of either party and only upon a vote by a majority of its | 26 | | members, may authorize the chair
to issue subpoenas requiring |
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| 1 | | the attendance of witnesses and
subpoenas duces tecum requiring | 2 | | the production of such books, papers,
records and documents as | 3 | | may be evidence of any matter under inquiry
before the | 4 | | electoral board, in the same manner as witnesses are
subpoenaed | 5 | | in the circuit court Circuit Court .
| 6 | | Service of such subpoenas shall be made by any sheriff or | 7 | | other
person in the same manner as in cases in such court and | 8 | | the fees of such
sheriff shall be the same as is provided by | 9 | | law, and shall be paid by
the objector or candidate who causes | 10 | | the issuance of the subpoena. In
case any person so served | 11 | | shall knowingly neglect or refuse to obey any
such subpoena, or | 12 | | to testify, the electoral board shall at once file a
petition | 13 | | in the circuit court of the county in which such hearing is to
| 14 | | be heard, or has been attempted to be heard, setting forth the | 15 | | facts, of
such knowing refusal or neglect, and accompanying the | 16 | | petition with a
copy of the citation and the answer, if one has | 17 | | been filed, together
with a copy of the subpoena and the return | 18 | | of service thereon, and shall
apply for an order of court | 19 | | requiring such person to attend and testify,
and forthwith | 20 | | produce books and papers, before the electoral board. Any
| 21 | | circuit court of the state, excluding the judge who is sitting | 22 | | on the electoral
board, upon such showing shall order such | 23 | | person to appear and testify,
and to forthwith produce such | 24 | | books and papers, before the electoral board
at a place to be | 25 | | fixed by the court. If such person shall knowingly fail
or | 26 | | refuse to obey such order of the court without lawful excuse, |
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| 1 | | the court
shall punish him or her by fine and imprisonment, as | 2 | | the nature of the case
may require and may be lawful in cases | 3 | | of contempt of court.
| 4 | | The electoral board on the first day of its meeting shall | 5 | | adopt rules
of procedure for the introduction of evidence and | 6 | | the presentation of
arguments and may, in its discretion, | 7 | | provide for the filing of briefs
by the parties to the | 8 | | objection or by other interested persons.
| 9 | | In the event of a State Electoral Board hearing on | 10 | | objections to a
petition for an amendment to Article IV of the | 11 | | Constitution
pursuant to Section 3 of Article XIV of the | 12 | | Constitution, or to a
petition for a question of public policy | 13 | | to be submitted to the
voters of the entire State, the | 14 | | certificates of the county clerks and boards
of election | 15 | | commissioners showing the results of the random sample of
| 16 | | signatures on the petition shall be prima facie valid and | 17 | | accurate, and
shall be presumed to establish the number of | 18 | | valid and invalid
signatures on the petition sheets reviewed in | 19 | | the random sample, as prescribed
in Section 28-11 and 28-12 of | 20 | | this Code. Either party, however, may introduce
evidence at | 21 | | such hearing to dispute the findings as to particular | 22 | | signatures.
In addition to the foregoing, in the absence of | 23 | | competent evidence presented
at such hearing by a party | 24 | | substantially challenging the results of a random
sample, or | 25 | | showing a different result obtained by an additional sample,
| 26 | | this certificate of a county clerk or board of election |
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| 1 | | commissioners shall
be presumed to establish the ratio of valid | 2 | | to invalid signatures within
the particular election | 3 | | jurisdiction.
| 4 | | The electoral board shall take up the question as to | 5 | | whether or not
the certificate of nomination or nomination | 6 | | papers or petitions are in
proper form, and whether or not they | 7 | | were filed within the time and
under the conditions required by | 8 | | law, and whether or not they are the
genuine certificate of | 9 | | nomination or nomination papers or petitions
which they purport | 10 | | to be, and whether or not in the case of the
certificate of | 11 | | nomination in question it represents accurately the
decision of | 12 | | the caucus or convention issuing it, and in general shall
| 13 | | decide whether or not the certificate of nomination or | 14 | | nominating papers
or petitions on file are valid or whether the | 15 | | objections thereto should
be sustained and the decision of a | 16 | | majority of the electoral board shall
be final subject to | 17 | | judicial review as provided in Section 10-10.1. The
electoral | 18 | | board must state its findings in writing and must state in
| 19 | | writing which objections, if any, it has sustained. A copy of | 20 | | the decision shall be served upon the parties to the | 21 | | proceedings in open proceedings before the electoral board. If | 22 | | a party does not appear for receipt of the decision, the | 23 | | decision shall be deemed to have been served on the absent | 24 | | party on the date when a copy of the decision is personally | 25 | | delivered or on the date when a copy of the decision is | 26 | | deposited in the United States mail, in a sealed envelope or |
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| 1 | | package, with postage prepaid, addressed to each party affected | 2 | | by the decision or to such party's attorney of record, if any, | 3 | | at the address on record for such person in the files of the | 4 | | electoral board.
| 5 | | Upon the expiration of the period within which a proceeding | 6 | | for
judicial review must be commenced under Section 10-10.1, | 7 | | the electoral
board shall, unless a proceeding for judicial | 8 | | review has been commenced
within such period, transmit, by | 9 | | registered or certified mail, a
certified copy of its ruling, | 10 | | together with the original certificate of
nomination or | 11 | | nomination papers or petitions and the original objector's
| 12 | | petition, to the officer or board with whom the certificate of
| 13 | | nomination or nomination papers or petitions, as objected to, | 14 | | were on
file, and such officer or board shall abide by and | 15 | | comply with the
ruling so made to all intents and purposes.
| 16 | | (Source: P.A. 99-78, eff. 7-20-15; 99-642, eff. 7-28-16; | 17 | | 100-1027, eff. 1-1-19 .)
| 18 | | (10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
| 19 | | Sec. 10-11.
Any vacancy in the nomination of a new | 20 | | political party
candidate occurring prior to
the date of | 21 | | certification of candidates for the ballot
by the certifying | 22 | | board or officer must be filled prior to the date of | 23 | | certification.
The resolution to fill such
vacancy shall be | 24 | | sent by U.S. mail or personal delivery to the certifying
| 25 | | officer or board within 3 days of the action by which the |
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| 1 | | vacancy was filled;
provided, if such resolution
is sent by | 2 | | mail and the U.S. postmark on the envelope containing such | 3 | | resolution
is dated prior to the expiration of such 3 day | 4 | | limit, the notice or resolution
shall be deemed filed within | 5 | | such 3 day limit. Failure
to so transmit the notice or | 6 | | resolution within the time
specified in this Section shall | 7 | | authorize the certifying officer
or board to certify the | 8 | | original candidate. Vacancies shall be filled
by the new | 9 | | political party officers.
| 10 | | Any vacancy in nomination occurring after certification | 11 | | but prior to 15
days before a regular election shall be filled | 12 | | by the new political
party officers within
8 days after the | 13 | | event creating the vacancy in the manner heretofore prescribed.
| 14 | | The resolution to fill a vacancy in nomination shall be | 15 | | duly
acknowledged before an officer qualified to take | 16 | | acknowledgements of deeds
and shall include, upon its face, the | 17 | | following information:
| 18 | | (a) the name of the original nominee and the office | 19 | | vacated;
| 20 | | (b) the date on which the vacancy occurred;
| 21 | | (c) the name and address of the nominee selected to fill | 22 | | the vacancy and
the date of selection.
| 23 | | The resolution to fill a vacancy in nomination shall be | 24 | | accompanied by a
Statement of Candidacy, as prescribed in | 25 | | Section 10-5, completed by the
selected nominee and a receipt | 26 | | indicating that such nominee has filed a
statement of economic |
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| 1 | | interests as required by the Illinois Governmental Ethics Act.
| 2 | | The provisions of Sections 10-8 through 10-10.1 relating to | 3 | | objections to
certificates of nomination and nomination | 4 | | papers, hearings on objections,
and judicial review, shall | 5 | | apply to and govern objections to resolutions
for filling a | 6 | | vacancy in nomination.
| 7 | | Any vacancy in nomination occurring 15 days or less before | 8 | | a regular election
shall not be filled. In this event the | 9 | | certification of the original candidate
shall stand and his or | 10 | | her name shall appear on the official ballot to be voted
at the | 11 | | election.
| 12 | | A vacancy in nomination occurs when a candidate who has | 13 | | been nominated
under the provisions of Section 10-2 dies before | 14 | | the election, or declines
the nomination; provided that | 15 | | nomination may become vacant for other reasons.
| 16 | | However, the provisions of this Section shall not apply to | 17 | | any vacancy
in nomination for a municipal office for which the | 18 | | Municipal Code, as now
or hereafter amended, provides a | 19 | | different method for filling such vacancy,
and the applicable | 20 | | provision of the Municipal Code shall govern in such cases.
| 21 | | Any vacancy in a nomination by caucus of an established | 22 | | political party
for a township or municipal office shall be | 23 | | filled in accordance with Section
7-61 of this Code.
| 24 | | For purposes of this Section, the words "certify" and | 25 | | "certification"
shall refer to the act of officially declaring | 26 | | the names of candidates
entitled to be printed upon the |
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| 1 | | official ballot at an election and
directing election | 2 | | authorities to place the names of such candidates upon
the | 3 | | official ballot. "Certifying officers or board" shall refer to | 4 | | the
local election official, election authority or the State | 5 | | Board of
Elections , as the case may be, with whom nomination | 6 | | papers, certificates of
nomination papers , and resolutions to | 7 | | fill vacancies in nomination are filed
and whose duty it is to | 8 | | "certify" candidates.
| 9 | | (Source: P.A. 84-757.)
| 10 | | (10 ILCS 5/10-15) (from Ch. 46, par. 10-15)
| 11 | | Sec. 10-15. Not less than 68 days before the date of the | 12 | | consolidated and
nonpartisan elections, each election | 13 | | authority local election official with whom
certificates of | 14 | | nomination or nominating petitions have been filed shall
| 15 | | certify to each election authority having jurisdiction over any | 16 | | of the
territory of his political subdivision the names of all | 17 | | candidates
entitled to be printed on the ballot for offices of | 18 | | the that political subdivisions for which the election | 19 | | authority has jurisdiction
subdivision to be voted upon at such | 20 | | election and direct the election
authority to place upon the | 21 | | official ballot for such election the names of
such candidates | 22 | | in the same manner and in the same order as shown upon the
| 23 | | certification.
| 24 | | The local election authority or election authorities | 25 | | officials shall certify such candidates for each
office in the |
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| 1 | | order in which such candidates' certificates of nomination
or | 2 | | nominating petitions were filed in his office . However, subject | 3 | | to appeal,
the names of candidates whose petitions have been | 4 | | held invalid by the appropriate
electoral board provided in | 5 | | Section 10-9 of this Act shall not be so certified. The
| 6 | | certification shall be modified as necessary to comply with the
| 7 | | requirements of any other statute or any ordinance adopted | 8 | | pursuant to
Article VII of the Constitution prescribing | 9 | | specific provisions for
nonpartisan elections, including | 10 | | without limitation Articles 4 and 5 of
"The Municipal Code" or | 11 | | Article 9 of The School Code.
| 12 | | In every instance where applicable, the following shall | 13 | | also be indicated
in the certification:
| 14 | | (1) The political party affiliation, if any, of the | 15 | | candidates for the
respective offices;
| 16 | | (2) Where there is to be more than one candidate | 17 | | elected to an office
from a political subdivision or | 18 | | district;
| 19 | | (3) Where a voter has the right to vote for more than | 20 | | one
candidate for an office;
| 21 | | (4) The terms of the office to be on the ballot, when a | 22 | | vacancy is to
be filled for less than a full term, or when | 23 | | offices of a particular subdivision
to be on the ballot at | 24 | | the same election are to be filled for different terms;
| 25 | | (5) The territory in which a candidate is required by | 26 | | law to reside, when
such residency requirement is not |
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| 1 | | identical to the territory of the political
subdivision | 2 | | from which the candidate is to be elected or nominated;
| 3 | | (6) Where a candidate's nominating papers or petitions | 4 | | have been objected to and the objection has been sustained | 5 | | by the electoral board established in Section 10-10, the | 6 | | words "OBJECTION SUSTAINED" shall be placed under the title | 7 | | of the office being sought by the candidate and the name of | 8 | | the aggrieved candidate shall not appear; and
| 9 | | (7) Where a candidate's nominating papers or petitions | 10 | | have been objected to and the decision of the electoral | 11 | | board established in Section 10-10 is either unknown or | 12 | | known to be in judicial review, the words "OBJECTION | 13 | | PENDING" shall be placed under the title of the office | 14 | | being sought by the candidate and next to the name of the | 15 | | candidate.
| 16 | | For the consolidated election, and for the general primary | 17 | | in the case
of certain municipalities having annual elections, | 18 | | the candidates of new
political parties shall be placed on the | 19 | | ballot for such elections after
the established political party | 20 | | candidates and in the order of new political
party petition | 21 | | filings.
| 22 | | The local election authority or election authorities | 23 | | official shall issue an amended certification
whenever it is | 24 | | discovered that the original certification is in error.
| 25 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
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| 1 | | Section 10. The Township Code is amended by changing | 2 | | Section 150-15 as follows:
| 3 | | (60 ILCS 1/150-15)
| 4 | | Sec. 150-15. Board of managers; election; organization; | 5 | | salary.
| 6 | | (a) The community building or buildings, if authorized at | 7 | | an election, shall
be under the care and supervision of a board | 8 | | of managers. The board of
managers shall consist of 3 persons | 9 | | who are registered to vote from a
residence in the township. | 10 | | Each member of the board of managers may
be paid a salary not | 11 | | to exceed $25 per day or $500 per year, as determined
by the | 12 | | township board, for attendance at township meetings and | 13 | | business travel
pertaining to official duties.
| 14 | | (b) The first board of managers shall be elected at the | 15 | | regular election at
which the referendum for the first issue of | 16 | | bonds for the establishment of a
community building or | 17 | | buildings is authorized by the voters. Three managers
shall be | 18 | | elected at the time of the regular township election provided | 19 | | in the
general election law and until their successors are | 20 | | elected and qualified.
| 21 | | (c) Candidates for the board of managers shall be nominated | 22 | | by a petition
signed by 10 registered voters of the township | 23 | | and filed with the appropriate election authority township
| 24 | | clerk within the time prescribed by the general election law. | 25 | | The election authority township
clerk shall certify the names |
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| 1 | | of the candidates as prescribed by the general election law to | 2 | | the proper election
authorities . The election shall be | 3 | | conducted in the manner prescribed by the
general election law. | 4 | | The 3 candidates receiving the highest number of votes,
| 5 | | respectively, shall be declared elected and shall assume the | 6 | | duties of their
office on the first Monday of the month | 7 | | following their election.
| 8 | | (d) Within 10 days after assuming office, the board of | 9 | | managers shall meet
and organize. One member shall be elected | 10 | | chairman and one member shall be
elected clerk of the board. A | 11 | | majority of the board shall constitute a quorum
for the | 12 | | transaction of business. If a vacancy occurs on the board, the | 13 | | vacancy
shall be filled by the remaining managers within 60 | 14 | | days by the appointment of
a person who is qualified to be a | 15 | | manager. The person appointed shall serve the
remainder of the | 16 | | unexpired term.
| 17 | | (Source: P.A. 86-283; 88-62.)
| 18 | | Section 15. The Illinois Municipal Code is amended by | 19 | | changing Sections 3.1-20-45, 3.1-25-20, and 4-3-7 as follows:
| 20 | | (65 ILCS 5/3.1-20-45)
| 21 | | Sec. 3.1-20-45. Nonpartisan primary elections; uncontested | 22 | | office. A city
incorporated under this Code that elects | 23 | | municipal officers at nonpartisan
primary and
general | 24 | | elections shall conduct the elections as provided in the |
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| 1 | | Election Code,
except that
no office for which nomination is | 2 | | uncontested shall be included on the primary
ballot and
no | 3 | | primary shall be held for that office. For the purposes of this | 4 | | Section, an
office is
uncontested when not more than 4
persons | 5 | | to be nominated for each
office
have timely filed valid | 6 | | nominating papers seeking nomination for the election
to that
| 7 | | office.
| 8 | | Notwithstanding the preceding paragraph, when a person (i) | 9 | | who has not timely
filed valid nomination papers and (ii) who | 10 | | intends to become a write-in
candidate for
nomination for any | 11 | | office for which nomination is uncontested files a written
| 12 | | statement
or notice of that intent with the proper election | 13 | | authority official with whom the
nomination papers
for that | 14 | | office are filed, if the write-in candidate becomes the fifth | 15 | | candidate filed, a primary ballot must be prepared and a | 16 | | primary must
be held for
the office. The statement or notice | 17 | | must be filed on or before the 61st day
before the consolidated | 18 | | primary election.
The statement
must
contain (i) the name and | 19 | | address of the person intending to become a write-in
candidate,
| 20 | | (ii) a statement that the person intends to become a write-in | 21 | | candidate, and
(iii) the office
the person is seeking as a | 22 | | write-in candidate. An election authority has no
duty to
| 23 | | conduct a primary election or prepare a primary ballot unless a | 24 | | statement
meeting the
requirements of this paragraph is filed | 25 | | in a timely manner. | 26 | | If there is a primary election, then candidates shall be |
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| 1 | | placed on the ballot for the next succeeding general municipal | 2 | | election in the following manner: | 3 | | (1) If one officer is to be elected, then the 2 | 4 | | candidates who receive the highest number of votes shall be | 5 | | placed on the ballot for the next succeeding general | 6 | | municipal election. | 7 | | (2) If 2 aldermen are to be elected at large, then the | 8 | | 4 candidates who receive the highest number of votes shall | 9 | | be placed on the ballot for the next succeeding general | 10 | | municipal election. | 11 | | (3) If 3 aldermen are to be elected at large, then the | 12 | | 6 candidates who receive the highest number of votes shall | 13 | | be placed on the ballot for the next succeeding general | 14 | | municipal election. | 15 | | The name of a write-in candidate may not be placed on the | 16 | | ballot for the next succeeding general municipal election | 17 | | unless he or she receives a number of votes in the primary | 18 | | election that equals or exceeds the number of signatures | 19 | | required on a petition for nomination for that office or that | 20 | | exceeds the number of votes received by at least one of the | 21 | | candidates whose names were printed on the primary ballot for | 22 | | nomination for or election to the same office.
| 23 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 24 | | (65 ILCS 5/3.1-25-20) (from Ch. 24, par. 3.1-25-20)
| 25 | | Sec. 3.1-25-20. Primary election. A village incorporated |
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| 1 | | under this Code shall
nominate and elect candidates for | 2 | | president and trustees in nonpartisan
primary and general | 3 | | elections as provided in Sections 3.1-25-20 through
3.1-25-55
| 4 | | until the electors of the village vote to require the partisan | 5 | | election of
the president and trustees at a referendum in the | 6 | | manner provided in
Section 3.1-25-65 after January 1, 1992.
The
| 7 | | provisions of Sections 3.1-25-20 through 3.1-25-55 shall
apply | 8 | | to all villages incorporated under this Code that have operated
| 9 | | under those Sections without the adoption of those provisions | 10 | | by the
referendum provided in Section 3.1-25-60 as well as | 11 | | those villages that have
adopted those provisions by the | 12 | | referendum provided in Section 3.1-25-60
until
the electors of | 13 | | those villages vote to require the partisan election of the
| 14 | | president and trustees in the manner provided in Section | 15 | | 3.1-25-65.
Villages that have nominated and elected candidates | 16 | | for president and
trustees in partisan elections prior to | 17 | | January 1, 1992, may continue to
hold partisan elections | 18 | | without conducting a referendum in the manner
provided in | 19 | | Section 3.1-25-65.
All
candidates for nomination to be voted | 20 | | for at all general municipal elections
at which a president or | 21 | | trustees, or both, are to be elected under this
Article shall | 22 | | be nominated from the village at large by a primary election.
| 23 | | Notwithstanding any other provision of law, no primary | 24 | | shall be held in any
village when the nomination for every | 25 | | office to be voted upon by the electors
of the village is | 26 | | uncontested. If the nomination of candidates is uncontested
as |
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| 1 | | to one or more, but not all, of the offices to be voted upon by | 2 | | the electors
of the village, then a primary must be held in the | 3 | | village, provided that the
primary ballot shall not include | 4 | | those offices in the village for which the
nomination is | 5 | | uncontested. For the purposes of this Section, an office is
| 6 | | uncontested when not more than the number of persons to be | 7 | | nominated to the
office have timely filed valid nominating | 8 | | papers seeking nomination for
election to that office.
| 9 | | Notwithstanding the preceding paragraph, when a person (i) | 10 | | who has not timely
filed valid nomination papers and (ii) who | 11 | | intends to become a write-in
candidate for nomination for any | 12 | | office for which nomination is uncontested
files a written | 13 | | statement or notice of that intent with the proper election | 14 | | authority
official with whom the nomination papers for that | 15 | | office are filed, a primary
ballot must be prepared and a | 16 | | primary must be held for the office. The
statement or notice | 17 | | must be filed on or before the 61st day before the
consolidated | 18 | | primary election. The statement
must contain (i) the name and | 19 | | address of the person intending to become a
write-in candidate, | 20 | | (ii) a statement that the person intends to become a
write-in | 21 | | candidate, and (iii) the office the person is seeking as a | 22 | | write-in
candidate. An election authority has no duty to | 23 | | conduct a primary election or
prepare a primary ballot unless a | 24 | | statement meeting the requirements of this
paragraph is filed | 25 | | in a timely manner.
| 26 | | Only the names of those persons nominated in the manner |
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| 1 | | prescribed in
Sections 3.1-25-20 through 3.1-25-65 shall be | 2 | | placed on
the ballot at the general municipal election.
The | 3 | | proper election authority village clerk shall certify the | 4 | | offices to be filled and the candidates
for those offices to | 5 | | the proper election authority
as provided in the general | 6 | | election law. A primary for those offices, if
required, shall | 7 | | be held in accordance with
the general election law.
| 8 | | (Source: P.A. 91-57, eff. 6-30-99.)
| 9 | | (65 ILCS 5/4-3-7) (from Ch. 24, par. 4-3-7)
| 10 | | Sec. 4-3-7.
Any person desiring to become a candidate for | 11 | | nomination for
mayor or commissioner shall file with the county | 12 | | municipal clerk of the county in which the seat of the | 13 | | municipality is located , or, in those
municipalities having a | 14 | | board of election commissioners, with the clerk
of that board, | 15 | | a statement of his or her candidacy, in the form provided in | 16 | | the
general election law. This statement shall be filed at the | 17 | | time provided
in the general election law.
| 18 | | This statement shall be sworn (or affirmed) before an | 19 | | officer,
in which the person making the statement resides, | 20 | | authorized to
administer oaths. If the municipality has voted, | 21 | | as provided in Section
4-3-19, to require candidates for | 22 | | commissioner to run for a specific office,
a statement of | 23 | | candidacy for commissioner shall specify whether the candidacy
| 24 | | is for commissioner of accounts and finances, commissioner of | 25 | | public health
and safety, commissioner of streets and public |
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| 1 | | improvements, or commissioner
of public property. No person | 2 | | shall file statements
of candidacy for both mayor and | 3 | | commissioner or for more than one of the
commissioner offices.
| 4 | | Any person having filed as a candidate for mayor or | 5 | | commissioner may withdraw
within the time provided in the | 6 | | general election law.
| 7 | | (Source: P.A. 81-1490.)
| 8 | | Section 20. The Public Community College Act is amended by | 9 | | changing Section 3-7.10 as follows:
| 10 | | (110 ILCS 805/3-7.10) (from Ch. 122, par. 103-7.10)
| 11 | | Sec. 3-7.10.
Nominations for members of the board shall be | 12 | | made by a petition
signed by at least 50 voters or 10% of the | 13 | | voters, whichever is less, residing
within the district and | 14 | | shall be filed with the appropriate election authority | 15 | | secretary of the board .
In addition to the requirements of the | 16 | | general election law, the form
of such petitions shall be | 17 | | substantially as follows:
| 18 | | NOMINATING PETITIONS
| 19 | | To the Secretary of the Board of Trustees of Community | 20 | | College District No.
....:
| 21 | | We the undersigned, being (.... or more) (or 10% or more) | 22 | | of the voters
residing within said district, hereby petition | 23 | | that .... who
resides at .... in the (city or village) of .... | 24 | | in Township .... (or
who resides outside any city, village or |
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| 1 | | incorporated town and in Township
....) in said district shall | 2 | | be a candidate for the office of .... of the
Board of Trustees | 3 | | (full term) (vacancy) to be voted for at the election
to be | 4 | | held on (insert date).
| 5 | | Name: Address:
| 6 | | Nomination papers filed under this Section are not valid | 7 | | unless the candidate
named therein files with the secretary of | 8 | | the board a receipt from the county
clerk showing that the | 9 | | candidate has filed a statement of economic interests
as | 10 | | required by the Illinois Governmental Ethics Act. Such receipt | 11 | | shall
be so filed either previously during the calendar year in | 12 | | which his or her nomination
papers were filed or within the | 13 | | period for the filing of nomination papers
in accordance with | 14 | | the general election law.
| 15 | | The secretary of the board shall notify each candidate, or | 16 | | the appropriate
committee, for whom a petition for nomination | 17 | | has been filed of their
obligations under the Campaign | 18 | | Financing Act, as required by the general
election law. Such | 19 | | notice shall be given on a form prescribed by the State
Board | 20 | | of Elections and in accordance with the requirements of the | 21 | | general
election law.
| 22 | | All petitions for the nomination of members of a board of | 23 | | trustees shall
be filed with the secretary of the board within | 24 | | the time provided for
by the general election law. Said | 25 | | secretary shall make certification to
the proper election |
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| 1 | | authority in accordance with the requirements of the
general | 2 | | election law. If the secretary is an incumbent board member | 3 | | seeking
reelection, a disinterested person must be a witness to | 4 | | the filing of his or her
petition. It is the duty of the | 5 | | secretary to provide candidates with petition
forms and | 6 | | statements of candidacy.
| 7 | | The secretary shall within 7 days of filing or on the
last | 8 | | day for filing, whichever is earlier, acknowledge to the | 9 | | petitioner
in writing his or her acceptance of the petition.
| 10 | | In all newly organized districts the petition for the | 11 | | nomination of
candidates for members of the board at the first | 12 | | election shall be addressed
to and filed with the regional | 13 | | superintendent in the manner specified for the
petitions for | 14 | | candidates of a community college board. For such election the
| 15 | | regional superintendent shall fulfill all duties otherwise | 16 | | assigned to the
secretary of the board.
| 17 | | (Source: P.A. 91-357, eff. 7-29-99.)
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