Full Text of HB5005 095th General Assembly
HB5005 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB5005
Introduced , by Rep. David E. Miller SYNOPSIS AS INTRODUCED: |
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10 ILCS 5/7-12 |
from Ch. 46, par. 7-12 |
10 ILCS 5/7-13.1 |
from Ch. 46, par. 7-13.1 |
10 ILCS 5/7-14 |
from Ch. 46, par. 7-14 |
10 ILCS 5/7-57 |
from Ch. 46, par. 7-57 |
10 ILCS 5/7-60 |
from Ch. 46, par. 7-60 |
10 ILCS 5/7-60.1 |
from Ch. 46, par. 7-60.1 |
10 ILCS 5/7-61 |
from Ch. 46, par. 7-61 |
10 ILCS 5/8-9 |
from Ch. 46, par. 8-9 |
10 ILCS 5/8-17 |
from Ch. 46, par. 8-17 |
10 ILCS 5/10-7 |
from Ch. 46, par. 10-7 |
10 ILCS 5/10-11 |
from Ch. 46, par. 10-11 |
10 ILCS 5/10-14 |
from Ch. 46, par. 10-14 |
10 ILCS 5/10-15 |
from Ch. 46, par. 10-15 |
10 ILCS 5/22-16 |
from Ch. 46, par. 22-16 |
65 ILCS 20/21-29 |
from Ch. 24, par. 21-29 |
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Amends the Election Code. Provides that if a candidate's name is certified to appear on the primary or election ballot and the candidate dies, withdraws, or is judicially declared ineligible more than 14 days after the certification, then the candidate's name shall remain on the ballot. Provides that votes cast for such a candidate shall not be included in the official election results unless sufficient for the candidate to have won, in which case a vacancy in the nomination or office shall be declared. Amends the Revised Cities and Villages Act of 1941. Provides that an aldermanic candidate may withdraw no later than the 14th day after certification (now, no less than 20 days before the election). Effective immediately.
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A BILL FOR
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HB5005 |
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LRB095 18018 JAM 44101 b |
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| AN ACT concerning elections.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Election Code is amended by changing | 5 |
| Sections 7-12, 7-13.1, 7-14, 7-60, 7-57, 7-60.1, 7-61, 8-9, | 6 |
| 8-17, 10-7, 10-11, 10-14, 10-15, and 22-16 as follows:
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| (10 ILCS 5/7-12) (from Ch. 46, par. 7-12)
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| Sec. 7-12. All petitions for nomination shall be filed by | 9 |
| mail or
in person as follows:
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| (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 in | 14 |
| one county and partly in another county or counties, then,
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| except as otherwise provided in this Section, such petition for | 16 |
| nomination
shall be filed in the principal office of the State | 17 |
| Board of Elections not
more than 99 and not less than 92 days | 18 |
| prior to the date of the primary,
but, in the case of petitions | 19 |
| for nomination to fill a vacancy by special
election in the | 20 |
| office of representative in Congress from this State, such
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| petition for nomination shall be filed in the principal office | 22 |
| of the State
Board of Elections not more than 57 days and not | 23 |
| less than 50 days prior to
the date of the primary.
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HB5005 |
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LRB095 18018 JAM 44101 b |
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| Where a vacancy occurs in the office of Supreme, Appellate | 2 |
| or Circuit
Court Judge within the 3-week period preceding the | 3 |
| 92nd day before a
general primary election, petitions for | 4 |
| nomination for the office in which
the vacancy has occurred | 5 |
| shall be filed in the principal office of the
State Board of | 6 |
| Elections not more than 78 nor less than 71 days prior to
the | 7 |
| date of the general primary election.
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| Where the nomination is to be made for delegates or | 9 |
| alternate
delegates to a national nominating convention, then | 10 |
| such petition for
nomination shall be filed in the principal | 11 |
| office of the State Board of
Elections not more than 99 and not | 12 |
| less than 92 days prior to the date of
the primary; provided, | 13 |
| however, that if the rules or policies of a national
political | 14 |
| party conflict with such requirements for filing petitions for
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| nomination for delegates or alternate delegates to a national | 16 |
| nominating
convention, the chairman of the State central | 17 |
| committee of such national
political party shall notify the | 18 |
| Board in writing, citing by reference the
rules or policies of | 19 |
| the national political party in conflict, and in such
case the | 20 |
| Board shall direct such petitions to be filed not more than 69 | 21 |
| and
not less than 62 days prior to the date of the primary.
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| (2) Where the nomination is to be made for a county office | 23 |
| or trustee
of a sanitary district then such petition shall be | 24 |
| filed in the office
of the county clerk not more than 99 nor | 25 |
| less than 92 days prior to the
date of the primary.
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| (3) Where the nomination is to be made for a municipal or |
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| township
office, such petitions for nomination shall be filed | 2 |
| in the office of
the local election official, not more than 78 | 3 |
| nor less than 71 days
prior to the date of the primary; | 4 |
| provided, where a municipality's or
township's boundaries are | 5 |
| coextensive with or are entirely within the
jurisdiction of a | 6 |
| municipal board of election commissioners, the petitions
shall | 7 |
| be filed in the office of such board; and provided, that | 8 |
| petitions
for the office of multi-township assessor shall be | 9 |
| filed with the election
authority.
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| (4) The petitions of candidates for State central | 11 |
| committeeman shall
be filed in the principal office of the | 12 |
| State Board of Elections not
more than 99 nor less than 92 days | 13 |
| prior to the date of the primary.
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| (5) Petitions of candidates for precinct, township or ward
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| committeemen shall be filed in the office of the county clerk | 16 |
| not more
than 99 nor less than 92 days prior to the date of the | 17 |
| primary.
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| (6) The State Board of Elections and the various election | 19 |
| authorities
and local election officials with whom such | 20 |
| petitions for nominations
are filed shall specify the place | 21 |
| where filings shall be made and upon
receipt shall endorse | 22 |
| thereon the day and hour on which each petition
was filed. All | 23 |
| petitions filed by persons waiting in line as of 8:00
a.m. on | 24 |
| the first day for filing, or as of the normal opening hour of
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| the office involved on such day, shall be deemed filed as of | 26 |
| 8:00 a.m.
or the normal opening hour, as the case may be. |
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| Petitions filed by mail
and received after midnight of the | 2 |
| first day for filing and in the first
mail delivery or pickup | 3 |
| of that day shall be deemed as filed as of 8:00
a.m. of that day | 4 |
| or as of the normal opening hour of such day, as the
case may | 5 |
| be. All petitions received thereafter shall be deemed as filed
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| in the order of actual receipt. Where 2 or more petitions are | 7 |
| received
simultaneously, the State Board of Elections or the | 8 |
| various election
authorities or local election officials with | 9 |
| whom such petitions are
filed shall break ties and determine | 10 |
| the 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 the | 16 |
| State Board of Elections to the
chairman of the State central | 17 |
| committee of each established political
party, and by each | 18 |
| election authority or local election official, to the
County | 19 |
| Chairman of each established political party, and to each
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| organization of citizens within the election jurisdiction | 21 |
| which was
entitled, under this Article, at the next preceding | 22 |
| election, to have
pollwatchers present on the day of election. | 23 |
| The State Board of Elections,
election authority or local | 24 |
| election official shall post in a conspicuous,
open and public | 25 |
| place, at the entrance of the office, notice of the time
and | 26 |
| place of such lottery. The State Board of Elections shall adopt |
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| rules
and regulations governing the procedures for the conduct | 2 |
| of such lottery.
All candidates shall be certified in the order | 3 |
| in which their petitions
have been filed. Where candidates have | 4 |
| filed simultaneously, they shall be
certified in the order | 5 |
| determined by lot and prior to candidates who filed
for the | 6 |
| same office at a later time.
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| (7) The State Board of Elections or the appropriate | 8 |
| election
authority or local election official with whom such a | 9 |
| petition for
nomination is filed shall notify the person for | 10 |
| whom a petition for
nomination has been filed of the obligation | 11 |
| to file statements of
organization, reports of campaign | 12 |
| contributions, and annual reports of
campaign contributions | 13 |
| and expenditures under Article 9 of this Act.
Such notice shall | 14 |
| be given in the manner prescribed by paragraph (7) of
Section | 15 |
| 9-16 of this Code.
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| (8) Nomination papers filed under this Section are not | 17 |
| valid if the
candidate named therein fails to file a statement | 18 |
| of economic interests
as required by the Illinois Governmental | 19 |
| Ethics Act in relation to his
candidacy with the appropriate | 20 |
| officer by the end of the period for the
filing of nomination | 21 |
| papers unless he has filed a statement of economic
interests in | 22 |
| relation to the same governmental unit with that officer
within | 23 |
| a year preceding the date on which such nomination papers were
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| filed. If the nomination papers of any candidate and the | 25 |
| statement of
economic interest of that candidate are not | 26 |
| required to be filed with
the same officer, the candidate must |
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| file with the officer with whom the
nomination papers are filed | 2 |
| a receipt from the officer with whom the
statement of economic | 3 |
| interests is filed showing the date on which such
statement was | 4 |
| filed. Such receipt shall be so filed not later than the
last | 5 |
| day on which nomination papers may be filed.
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| (9) Any person for whom a petition for nomination, or for | 7 |
| committeeman or
for delegate or alternate delegate to a | 8 |
| national nominating convention has
been filed may cause his | 9 |
| name to be withdrawn by request in writing, signed
by him and | 10 |
| duly acknowledged before an officer qualified to take
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| acknowledgments of deeds, and filed in the principal or | 12 |
| permanent branch
office of the State Board of Elections or with | 13 |
| the appropriate election
authority or local election official, | 14 |
| not later than the date of
certification of candidates for the | 15 |
| consolidated primary or general primary
ballot. No names so | 16 |
| withdrawn shall be certified or printed on the
primary ballot. | 17 |
| The name of any candidate who has been certified for the | 18 |
| primary ballot but who dies, withdraws, or is declared | 19 |
| ineligible by a court of competent jurisdiction after the 14th | 20 |
| day after the date of certification of candidates for the | 21 |
| ballot but prior to the election shall remain printed on the | 22 |
| ballot but no votes cast for that candidate shall be included | 23 |
| in the official canvass of the results of the election or | 24 |
| considered in determining the winner or winners of the | 25 |
| election; provided, however, that if the results of the canvass | 26 |
| of the election discloses that the candidate, if he or she had |
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| lived or had not withdrawn or been declared ineligible, would | 2 |
| have been declared nominated, then such candidate shall be | 3 |
| declared nominated and a vacancy in nomination shall exist. If | 4 |
| petitions for nomination have been filed for the
same person | 5 |
| with respect to more than one political party, his name
shall | 6 |
| not be certified nor printed on the primary ballot of any | 7 |
| party.
If petitions for nomination have been filed for the same | 8 |
| person for 2 or
more offices which are incompatible so that the | 9 |
| same person could not
serve in more than one of such offices if | 10 |
| elected, that person must
withdraw as a candidate for all but | 11 |
| one of such offices within the
5 business days following the | 12 |
| last day for petition filing. If he fails to
withdraw as a | 13 |
| candidate for all but one of such offices within such time
his | 14 |
| name shall not be certified, nor printed on the primary ballot, | 15 |
| for any
office. For the purpose of the foregoing provisions, an | 16 |
| office in a
political party is not incompatible with any other | 17 |
| office.
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| (10) (a) Notwithstanding the provisions of any other | 19 |
| statute, no primary
shall be held for an established | 20 |
| political party in any township,
municipality, or ward | 21 |
| thereof, where the nomination of such
party for every | 22 |
| office to be voted upon by the electors of such
township, | 23 |
| municipality, or ward thereof, is uncontested. Whenever a
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| political party's nomination of candidates is uncontested | 25 |
| as to one or
more, but not all, of the offices to be voted | 26 |
| upon by the electors of a
township, municipality, or ward |
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| thereof, then a primary shall
be held for that party in | 2 |
| such township, municipality, or ward thereof;
provided | 3 |
| that the primary ballot shall not include those offices
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| within such township, municipality, or ward thereof, for | 5 |
| which the
nomination is uncontested. For purposes of this | 6 |
| Article, the nomination
of an established political party | 7 |
| of a candidate for election to an office
shall be deemed to | 8 |
| be uncontested where not more than the number of persons
to | 9 |
| be nominated have timely filed valid nomination papers | 10 |
| seeking the
nomination of such party for election to such | 11 |
| office.
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| (b) Notwithstanding the provisions of any other | 13 |
| statute, no primary
election shall be held for an | 14 |
| established political party for any special
primary | 15 |
| election called for the purpose of filling a vacancy in the | 16 |
| office
of representative in the United States Congress | 17 |
| where the nomination of
such political party for said | 18 |
| office is uncontested. For the purposes of
this Article, | 19 |
| the nomination of an established political party of a
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| candidate for election to said office shall be deemed to be | 21 |
| uncontested
where not more than the number of persons to be | 22 |
| nominated have timely filed
valid nomination papers | 23 |
| seeking the nomination of such established party
for | 24 |
| election to said office. This subsection (b) shall not | 25 |
| apply if such
primary election is conducted on a regularly | 26 |
| scheduled election day.
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| (c) Notwithstanding the provisions in subparagraph (a) | 2 |
| and (b) of this
paragraph (10), whenever a person who has | 3 |
| not timely filed valid nomination
papers and who intends to | 4 |
| become a write-in candidate for a political
party's | 5 |
| nomination for any office for which the nomination is | 6 |
| uncontested
files a written statement or notice of that | 7 |
| intent with the State Board of
Elections or the local | 8 |
| election official with whom nomination papers for
such | 9 |
| office are filed, a primary ballot shall be prepared and a | 10 |
| primary
shall be held for that office. Such statement or | 11 |
| notice shall be filed on
or before the date established in | 12 |
| this Article for certifying candidates
for the primary | 13 |
| ballot. Such statement or notice shall contain (i) the
name | 14 |
| and address of the person intending to become a write-in | 15 |
| candidate,
(ii) a statement that the person is a qualified | 16 |
| primary elector of the
political party from whom the | 17 |
| nomination is sought, (iii) a statement that
the person | 18 |
| intends to become a write-in candidate for the party's
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| nomination, and (iv) the office the person is seeking as a | 20 |
| write-in
candidate. An election authority shall have no | 21 |
| duty to conduct a primary
and prepare a primary ballot for | 22 |
| any office for which the nomination is
uncontested unless a | 23 |
| statement or notice meeting the requirements of this
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| Section is filed in a timely manner.
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| (11) If multiple sets of nomination papers are filed for a | 26 |
| candidate to
the same office, the State Board of Elections, |
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| appropriate election
authority or local election official | 2 |
| where the petitions are filed shall
within 2 business days | 3 |
| notify the candidate of his or her multiple petition
filings | 4 |
| and that the candidate has 3 business days after receipt of the
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| notice to notify the State Board of Elections, appropriate | 6 |
| election
authority or local election official that he or she | 7 |
| may cancel prior sets
of petitions. If the candidate notifies | 8 |
| the State Board of Elections,
appropriate election authority or | 9 |
| local election official, the last set of
petitions filed shall | 10 |
| be the only petitions to be considered valid by the
State Board | 11 |
| of Elections, election authority or local election official. If
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| the candidate fails to notify the State Board of Elections, | 13 |
| election authority
or local
election official then only the | 14 |
| first set of petitions filed shall be valid
and all subsequent | 15 |
| petitions shall be void.
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| (12) All nominating petitions shall be available for public | 17 |
| inspection
and shall be preserved for a period of not less than | 18 |
| 6 months.
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| (Source: P.A. 86-867; 86-873; 86-875; 86-1028; 86-1089; | 20 |
| 87-1052.)
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| (10 ILCS 5/7-13.1) (from Ch. 46, par. 7-13.1)
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| Sec. 7-13.1. Certification of Candidates-Consolidated
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| primary. Not less than 61 days
before the date of the | 24 |
| consolidated primary, each local election
official of each | 25 |
| political subdivision required to nominate candidates
for the |
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| respective offices by primary shall certify to each election
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| authority whose duty it is to prepare the official ballot for | 3 |
| the
consolidated primary in such political subdivision the | 4 |
| names of all
candidates in whose behalf nomination papers have | 5 |
| been filed in the
office of such local election official
and | 6 |
| direct the election authority to place upon the official ballot | 7 |
| for
the consolidated primary election the names of such | 8 |
| candidates in the same
manner and in the same order as shown | 9 |
| upon the certification. However,
subject to appeal, the names | 10 |
| of candidates whose
nomination papers have been held invalid by | 11 |
| the appropriate electoral board
provided in Section 10-9 of | 12 |
| this Code shall not be so
certified. The certification
shall be | 13 |
| modified as necessary to comply with the requirements of any | 14 |
| other
statute or any ordinance adopted pursuant to Article VII | 15 |
| of the Constitution
prescribing specific provisions for | 16 |
| nonpartisan elections, including without
limitation Articles | 17 |
| 3, 4 and 5 of "The Municipal Code".
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| The names of candidates shall be listed on the | 19 |
| certification for the
respective offices in the order in which | 20 |
| the candidates have filed their
nomination papers, or as | 21 |
| determined by lot, or as otherwise specified by statute.
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| In every instance where applicable, the following shall | 23 |
| also be indicated
in the certification:
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| (1) Where there is to be more than one candidate elected to | 25 |
| an office
from a political subdivision or district;
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| (2) Where a voter has the right to vote for more than one |
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| candidate for an office;
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| (3) The terms of the office to be on the ballot, when a | 3 |
| vacancy is to
be filled for less than a full term, or when | 4 |
| offices of a particular subdivision
to be on the ballot at the | 5 |
| same election are to be filled for different terms;
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| (4) The territory in which a candidate is required by law | 7 |
| to reside, when
such residency requirement is not identical to | 8 |
| the territory of the political
subdivision from which the | 9 |
| candidate is to be elected or nominated;
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| (5) Where a candidate's nominating papers or petitions have | 11 |
| been objected to and the objection has been sustained by the | 12 |
| electoral board established in Section 10-10, the words | 13 |
| "OBJECTION SUSTAINED" shall be placed under the title of the | 14 |
| office being sought by the candidate and the name of the | 15 |
| aggrieved candidate shall not appear; and
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| (6) Where a candidate's nominating papers or petitions have | 17 |
| been objected to and the decision of the electoral board | 18 |
| established in Section 10-10 is either unknown or known to be | 19 |
| in judicial review, the words "OBJECTION PENDING" shall be | 20 |
| placed under the title of the office being sought by the | 21 |
| candidate and next to the name of the candidate.
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| The local election official shall issue an amended | 23 |
| certification
whenever it is discovered that the original | 24 |
| certification is in error ; provided that no amended | 25 |
| certification shall be issued after the 14th day after the date | 26 |
| of certification. The name of any candidate who has been |
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| certified for the primary ballot but who dies, withdraws, or is | 2 |
| declared ineligible by a court of competent jurisdiction after | 3 |
| the 14th day after the date of certification of candidates for | 4 |
| the ballot but prior to the election shall remain printed on | 5 |
| the ballot but no votes cast for such candidate shall be | 6 |
| included in the official canvass of the results of the election | 7 |
| or considered in determining the winner or winners of the | 8 |
| election; provided, however, that if the results of the canvass | 9 |
| of the election discloses that such candidate, if he had lived | 10 |
| or had not withdrawn or been declared ineligible, would have | 11 |
| been declared nominated, then such candidate shall be declared | 12 |
| nominated and a vacancy in nomination shall exist .
| 13 |
| (Source: P.A. 95-699, eff. 11-9-07.)
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| (10 ILCS 5/7-14) (from Ch. 46, par. 7-14)
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| Sec. 7-14. Not less than 61 days before the date of the | 16 |
| general primary the
State Board of Elections shall meet and | 17 |
| shall examine all petitions
filed under this Article 7, in the | 18 |
| office of the State Board of
Elections. The State Board of | 19 |
| Elections shall then certify to the county
clerk of each | 20 |
| county, the names of all candidates whose nomination papers
or | 21 |
| certificates of nomination have been filed with the Board and | 22 |
| direct the
county clerk to place upon the official ballot for | 23 |
| the general primary
election the names of such candidates in | 24 |
| the same manner and in the same
order as shown upon the | 25 |
| certification.
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LRB095 18018 JAM 44101 b |
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| The State Board of Elections shall, in its certificate to | 2 |
| the county
clerk, certify the names of the offices, and the | 3 |
| names of the candidates
in the order in which the offices and | 4 |
| names
shall appear upon the primary ballot;
such names
to | 5 |
| appear
in the order in which petitions have been filed in the | 6 |
| office of the
State Board of Elections except as otherwise | 7 |
| provided in this Article.
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| Not less than 55 days before the date of the general | 9 |
| primary, each
county clerk shall certify the names of all | 10 |
| candidates whose nomination
papers have been filed with such | 11 |
| clerk and declare that the names of such
candidates for the | 12 |
| respective offices shall be placed upon the official
ballot for | 13 |
| the general primary in the order in which such nomination | 14 |
| papers
were filed with the clerk, or as determined by lot, or | 15 |
| as otherwise
specified by statute. Each county clerk shall | 16 |
| place a copy of the
certification on file in his or her office | 17 |
| and at the same time issue to
the board of election | 18 |
| commissioners a copy of the certification that has been
filed | 19 |
| in the county clerk's office, together with a copy of the
| 20 |
| certification that has been issued to the clerk by the State | 21 |
| Board of
Elections, with directions to the board of election | 22 |
| commissioners to place
upon the official ballot for the general | 23 |
| primary in that election
jurisdiction the names of all | 24 |
| candidates that are listed on such
certification in the same | 25 |
| manner and in the same order as shown upon such
certifications.
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| The certification shall indicate, where applicable, the |
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| following:
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| (1) The political party affiliation of the candidates for | 3 |
| the respective offices;
| 4 |
| (2) If there is to be more than one candidate elected or | 5 |
| nominated to an
office from the State, political subdivision or | 6 |
| district;
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| (3) If the voter has the right to vote for more than one | 8 |
| candidate for an office;
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| (4) The term of office, if a vacancy is to be filled for | 10 |
| less than a
full term or if the offices to be filled in a | 11 |
| political subdivision or
district are for different terms.
| 12 |
| The State Board of Elections or the county clerk, as the | 13 |
| case may be,
shall issue an amended certification whenever it | 14 |
| is discovered that the
original certification is in error , | 15 |
| provided, however, that no amended certification shall be | 16 |
| issued after the 14th day after the date of certification. The | 17 |
| name of any candidate who has been certified for the primary | 18 |
| ballot but who dies, withdraws, or is declared ineligible by a | 19 |
| court of competent jurisdiction after the date of certification | 20 |
| of candidates for the ballot but prior to the election shall | 21 |
| remain printed on the ballot but no votes cast for such | 22 |
| candidate shall be included in the official canvass of the | 23 |
| results of the election or considered in determining the winner | 24 |
| or winners of the election; provided, however, that if the | 25 |
| results of the canvass of the election discloses that such | 26 |
| candidate, if he had lived or had not withdrawn or been |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| declared ineligible, would have been declared nominated, then | 2 |
| such candidate shall be declared nominated and a vacancy in | 3 |
| nomination shall exist .
| 4 |
| Subject to appeal, the names of candidates whose nomination | 5 |
| papers have
been held invalid by the appropriate electoral | 6 |
| board provided in Section
10-9 of this Code shall not be | 7 |
| certified.
| 8 |
| (Source: P.A. 86-867.)
| 9 |
| (10 ILCS 5/7-57) (from Ch. 46, par. 7-57)
| 10 |
| Sec. 7-57. The name of any candidate who has been certified | 11 |
| for the primary ballot but who dies, withdraws, or is declared | 12 |
| ineligible by a court of competent jurisdiction after the 14th | 13 |
| day after the date of certification of candidates for the | 14 |
| ballot but prior to the primary election shall remain printed | 15 |
| on the ballot but no votes cast for such candidate shall be | 16 |
| included in the official canvass of the results of the election | 17 |
| or considered in determining the winner or winners of the | 18 |
| election; provided, however, that if the results of the canvass | 19 |
| of the election discloses that such candidate, if he had lived | 20 |
| or had not withdrawn or been declared ineligible, would have | 21 |
| been declared nominated, then such candidate shall be declared | 22 |
| nominated and a vacancy in nomination shall exist. The death of | 23 |
| any candidate prior to, or on, the date of the
primary shall | 24 |
| not affect the canvass of the ballots. If the result of such
| 25 |
| canvass discloses that such candidate, if he had lived, would |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| have been
nominated, such candidate shall be declared | 2 |
| nominated.
| 3 |
| (Source: Laws 1943, vol. 2, p. 1.)
| 4 |
| (10 ILCS 5/7-60) (from Ch. 46, par. 7-60)
| 5 |
| Sec. 7-60. Not less than 67 days before the date of the | 6 |
| general
election, the State Board of Elections shall certify to | 7 |
| the county clerks
the names of each of the candidates who have | 8 |
| been nominated as shown by the
proclamation of the State Board | 9 |
| of Elections as a canvassing board or who
have been nominated | 10 |
| to fill a vacancy in nomination and direct the election
| 11 |
| authority to place upon the official ballot for the general | 12 |
| election the
names of such candidates in the same manner and in | 13 |
| the same order as shown
upon the certification, except as | 14 |
| otherwise provided in this Section.
| 15 |
| Not less than 61 days before the date of the general | 16 |
| election, each
county clerk shall certify the names of each of | 17 |
| the candidates for county
offices who have been nominated as | 18 |
| shown by the proclamation of the county
election authority or | 19 |
| who have been nominated to fill a vacancy in nomination
and | 20 |
| declare that the names of such candidates for the respective | 21 |
| offices
shall be placed upon the official ballot for the | 22 |
| general election in the
same manner and in the same order as | 23 |
| shown upon the certification, except
as otherwise provided by | 24 |
| this Section. Each county clerk shall place a
copy of the | 25 |
| certification on file in his or her office and at the same
time |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| issue to the State Board of Elections a copy of such | 2 |
| certification.
In addition, each county clerk in whose county | 3 |
| there is a board of election
commissioners shall, not less than | 4 |
| 61 days before the date of the general
election, issue to such | 5 |
| board a copy of the certification that has been
filed in the | 6 |
| county clerk's office, together with a copy of the
| 7 |
| certification that has been issued to the clerk by the State | 8 |
| Board of
Elections, with directions to the board of election | 9 |
| commissioners to place
upon the official ballot for the general | 10 |
| election in that election
jurisdiction the names of all | 11 |
| candidates that are listed on such
certifications, in the same | 12 |
| manner and in the same order as shown upon such
certifications, | 13 |
| except as otherwise provided in this Section.
| 14 |
| Whenever there are two or more persons nominated by the | 15 |
| same political
party for multiple offices for any board, the | 16 |
| name of the candidate of such
party receiving the highest | 17 |
| number of votes in the primary election as a
candidate for such | 18 |
| office, as shown by the official election returns of the
| 19 |
| primary, shall be certified first under the name of such | 20 |
| offices, and the
names of the remaining candidates of such | 21 |
| party for such offices shall
follow in the order of the number | 22 |
| of votes received by them respectively at
the primary election | 23 |
| as shown by the official election results.
| 24 |
| No person who is shown by the final
proclamation to have
| 25 |
| been nominated or elected at the primary as a write-in | 26 |
| candidate shall have his or her
name certified unless such |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| person shall have filed with the certifying
office or board | 2 |
| within 10 days after the election authority's proclamation
a | 3 |
| statement of candidacy pursuant to Section 7-10, a statement | 4 |
| pursuant
to Section 7-10.1, and a receipt for the filing of a | 5 |
| statement of economic interests in relation to the unit of | 6 |
| government to which he or she has been elected or nominated.
| 7 |
| Each county clerk and board of election commissioners shall | 8 |
| determine
by a fair and impartial method of random selection | 9 |
| the order of placement
of established political party | 10 |
| candidates for the general election ballot.
Such determination | 11 |
| shall be made within 30 days following the canvass and | 12 |
| proclamation
of the results of the general primary
in the | 13 |
| office of the county clerk or board of election commissioners | 14 |
| and
shall be open to the public. Seven days written notice of | 15 |
| the time and place
of conducting such random selection shall be | 16 |
| given, by each such election
authority, to the County Chairman | 17 |
| of each established political party, and
to each organization | 18 |
| of citizens within the election jurisdiction which
was | 19 |
| entitled, under this Article, at the next preceding election, | 20 |
| to have
pollwatchers present on the day of election. Each | 21 |
| election authority shall
post in a conspicuous, open and public | 22 |
| place, at the entrance of the election
authority office, notice | 23 |
| of the time and place of such lottery. However,
a board of | 24 |
| election commissioners may elect to place established | 25 |
| political
party candidates on the general election ballot in | 26 |
| the same order determined
by the county clerk of the county in |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| which the city under the jurisdiction
of such board is located.
| 2 |
| Each certification shall indicate, where applicable, the | 3 |
| following:
| 4 |
| (1) The political party affiliation of the candidates | 5 |
| for the respective offices;
| 6 |
| (2) If there is to be more than one candidate elected | 7 |
| to an office from
the State, political subdivision or | 8 |
| district;
| 9 |
| (3) If the voter has the right to vote for more than | 10 |
| one candidate for an office;
| 11 |
| (4) The term of office, if a vacancy is to be filled | 12 |
| for less than a
full term or if the offices to be filled in | 13 |
| a political subdivision are for
different terms.
| 14 |
| The State Board of Elections or the county clerk, as the | 15 |
| case may be,
shall issue an amended certification whenever it | 16 |
| is discovered that the
original certification is in error , | 17 |
| provided, however, that no amended certification shall be | 18 |
| issued after the 14th day after the date of certification. The | 19 |
| name of any candidate who has been certified for the ballot but | 20 |
| who dies, withdraws, or is declared ineligible by a court of | 21 |
| competent jurisdiction after the 14th day after the date of | 22 |
| certification of candidates for the ballot but prior to the | 23 |
| election shall remain printed on the ballot but no votes cast | 24 |
| for such candidate shall be included in the official canvass of | 25 |
| the results of the election or considered in determining the | 26 |
| winner or winners of the election; provided, however, that if |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| the results of the canvass of the election discloses that such | 2 |
| candidate, if he had lived or had not withdrawn or been | 3 |
| declared ineligible, would have been declared elected, then | 4 |
| such candidate shall be declared elected and a vacancy in | 5 |
| office shall exist .
| 6 |
| (Source: P.A. 94-645, eff. 8-22-05; 94-647, eff. 1-1-06; | 7 |
| 94-1000, eff. 7-3-06.)
| 8 |
| (10 ILCS 5/7-60.1) (from Ch. 46, par. 7-60.1)
| 9 |
| Sec. 7-60.1. Certification of Candidates - Consolidated | 10 |
| Election.
Each local election official of a political | 11 |
| subdivision in which candidates
for the respective local | 12 |
| offices are nominated at the consolidated primary
shall, no | 13 |
| later than 5 days following the canvass and proclamation of the
| 14 |
| results of the consolidated primary, certify to each election | 15 |
| authority
whose duty it is to prepare the official ballot for | 16 |
| the consolidated
election in that political subdivision the | 17 |
| names of each of the candidates
who have been nominated as | 18 |
| shown by the proclamation of the appropriate election authority | 19 |
| or who have been nominated to fill a vacancy in nomination
and | 20 |
| direct the election authority to place upon the official ballot | 21 |
| for the
consolidated election the names of such candidates in | 22 |
| the same manner and
in the same order as shown upon the | 23 |
| certification, except as otherwise
provided by this Section.
| 24 |
| Whenever there are two or more persons nominated by the | 25 |
| same political
party for multiple offices for any board, the |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| name of the candidate of such
party receiving the highest | 2 |
| number of votes in the consolidated primary
election as a | 3 |
| candidate for such consolidated primary, shall be certified
| 4 |
| first under the name of such office, and the names of the | 5 |
| remaining
candidates of such party for such offices shall | 6 |
| follow in the order of the
number of votes received by them | 7 |
| respectively at the consolidated primary
election as shown by | 8 |
| the official election results.
| 9 |
| No person who is shown by the election authority's | 10 |
| proclamation to have
been nominated at the consolidated primary | 11 |
| as a write-in candidate shall
have his or her name certified | 12 |
| unless such person shall have filed with the
certifying office | 13 |
| or board within 5 days after the election authority's
| 14 |
| proclamation a statement of candidacy pursuant to Section 7-10 | 15 |
| and a
statement pursuant to Section 7-10.1.
| 16 |
| Each board of election commissioners of the cities in which | 17 |
| established
political party candidates for city offices are | 18 |
| nominated at the
consolidated primary shall determine by a fair | 19 |
| and impartial method of
random selection the order of placement | 20 |
| of the established political party
candidates for the | 21 |
| consolidated ballot. Such determination shall be made
within 5 | 22 |
| days following the canvass and proclamation of the results of | 23 |
| the
consolidated primary and shall be open to the public. Three | 24 |
| days written
notice of the time and place of conducting such | 25 |
| random selection shall be
given, by each such election | 26 |
| authority, to the County Chairman of each
established political |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| party, and to each organization of citizens within
the election | 2 |
| jurisdiction which was entitled, under this Article, at the
| 3 |
| next preceding election, to have pollwatchers present on the | 4 |
| day of
election. Each election authority shall post in a | 5 |
| conspicuous, open and
public place, at the entrance of the | 6 |
| election authority office, notice of
the time and place of such | 7 |
| lottery.
| 8 |
| Each local election official of a political subdivision in | 9 |
| which
established political party candidates for the | 10 |
| respective local offices are
nominated by primary shall | 11 |
| determine by a fair and impartial method of
random selection | 12 |
| the order of placement of the established political party
| 13 |
| candidates for the consolidated election ballot and, in the | 14 |
| case of certain
municipalities having annual elections, on the | 15 |
| general primary ballot for
election. Such determination shall | 16 |
| be made prior to the canvass and
proclamation of results of the | 17 |
| consolidated primary or special municipal
primary, as the case | 18 |
| may be, in the office of the local election official and
shall | 19 |
| be open to the public. Three days written notice of the time | 20 |
| and
place of conducting such random selection shall be given, | 21 |
| by each such
local election official, to the County Chairman of | 22 |
| each established
political party, and to each organization of | 23 |
| citizens within the election
jurisdiction which was entitled, | 24 |
| under this Article, at the next preceding
election, to have | 25 |
| pollwatchers present on the day of election. Each local
| 26 |
| election official shall post in a conspicuous, open and public |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| place notice of
such lottery. Immediately thereafter, the local | 2 |
| election official shall
certify the ballot placement order so | 3 |
| determined to the proper election
authorities charged with the | 4 |
| preparation of the consolidated election, or
general primary,
| 5 |
| ballot for that political subdivision.
| 6 |
| Not less than 61 days before the date of the consolidated | 7 |
| election, each
local election official of a political | 8 |
| subdivision in which established
political party candidates | 9 |
| for the respective local offices have been
nominated by caucus | 10 |
| or have been nominated because no primary was required
to be | 11 |
| held shall certify to each election authority whose duty it is | 12 |
| to
prepare the official ballot for the consolidated election in | 13 |
| that political
subdivision the names of each of the candidates | 14 |
| whose certificates of
nomination or nomination papers have been | 15 |
| filed in his or her office and
direct the election authority to | 16 |
| place upon the official ballot for the
consolidated election | 17 |
| the names of such candidates in the same manner and
in the same | 18 |
| order as shown upon the certification. Such local election
| 19 |
| official shall, prior to certification, determine by a fair and | 20 |
| impartial
method of random selection the order of placement of | 21 |
| the established
political party candidates for the | 22 |
| consolidated election ballot. Such
determination shall be made | 23 |
| in the office of the local election official
and shall be open | 24 |
| to the public. Three days written notice of the time and
place | 25 |
| of conducting such random selection shall be given by each such | 26 |
| local
election official to the county chairman of each |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| established political
party, and to each organization of | 2 |
| citizens within the election
jurisdiction which was entitled, | 3 |
| under this Article, at the next preceding
election, to have | 4 |
| pollwatchers present on the day of election. Each local
| 5 |
| election official shall post in a conspicuous, open and public | 6 |
| place, at the
entrance of the office, notice of the time and | 7 |
| place of such lottery. The
local election official shall | 8 |
| certify the ballot placement order so
determined as part of his | 9 |
| official certification of candidates to the
election | 10 |
| authorities whose duty it is to prepare the official ballot for
| 11 |
| the consolidated election in that political subdivision.
| 12 |
| The certification shall indicate, where applicable, the | 13 |
| following:
| 14 |
| (1) The political party affiliation of the candidates | 15 |
| for the respective offices;
| 16 |
| (2) If there is to be more than one candidate elected | 17 |
| or nominated to an
office from the State, political | 18 |
| subdivision or district;
| 19 |
| (3) If the voter has the right to vote for more than | 20 |
| one candidate for an office;
| 21 |
| (4) The term of office, if a vacancy is to be filled | 22 |
| for less than a
full term or if the offices to be filled in | 23 |
| a political subdivision or
district are for different | 24 |
| terms.
| 25 |
| The local election official shall issue an amended | 26 |
| certification whenever
it is discovered that the original |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| certification is in error , provided, however, that no amended | 2 |
| certification shall be issued after the 14th day after the date | 3 |
| of certification. The name of any candidate who has been | 4 |
| certified for the ballot but who dies, withdraws, or is | 5 |
| declared ineligible by a court of competent jurisdiction after | 6 |
| the 14th day after the date of certification of candidates for | 7 |
| the ballot but prior to the election shall remain printed on | 8 |
| the ballot but no votes cast for such candidate shall be | 9 |
| included in the official canvass of the results of the election | 10 |
| or considered in determining the winner or winners of the | 11 |
| election; provided, however, that if the results of the canvass | 12 |
| of the election discloses that such candidate, if he had lived | 13 |
| or had not withdrawn or been declared ineligible, would have | 14 |
| been declared elected, then such candidate shall be declared | 15 |
| elected and a vacancy in office shall exist .
| 16 |
| (Source: P.A. 94-647, eff. 1-1-06.)
| 17 |
| (10 ILCS 5/7-61) (from Ch. 46, par. 7-61)
| 18 |
| Sec. 7-61. Whenever a special election is necessary the | 19 |
| provisions of
this Article are applicable to the nomination of | 20 |
| candidates to be voted
for at such special election.
| 21 |
| In cases where a primary election is required the officer | 22 |
| or board or
commission whose duty it is under the provisions of | 23 |
| this Act relating to
general elections to call an election, | 24 |
| shall fix a date for the primary
for the nomination of | 25 |
| candidates to be voted for at such special
election. Notice of |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| such primary shall be given at least 15 days prior
to the | 2 |
| maximum time provided for the filing of petitions for such a
| 3 |
| primary as provided in Section 7-12.
| 4 |
| Any vacancy in nomination under the provisions of this | 5 |
| Article 7
occurring on or after the primary and prior to | 6 |
| certification of
candidates by the certifying board or officer, | 7 |
| must be filled prior to the
date of certification. Any vacancy | 8 |
| in nomination occurring after certification
but prior to 15 | 9 |
| days before the general election shall be filled within 8 days
| 10 |
| after the event creating the vacancy. The resolution filling | 11 |
| the vacancy shall
be sent by U. S. mail or personal delivery to | 12 |
| the certifying officer or board
within 3 days of the action by | 13 |
| which the vacancy was filled; provided, if such
resolution is | 14 |
| sent by mail and the U. S. postmark on the envelope containing
| 15 |
| such resolution is dated prior to the expiration of such 3 day | 16 |
| limit, the
resolution shall be deemed filed within such 3 day | 17 |
| limit. Failure to so
transmit the resolution within the time | 18 |
| specified in this Section shall
authorize the certifying | 19 |
| officer or board to certify the original candidate.
Vacancies | 20 |
| shall be filled by the officers of a local municipal or | 21 |
| township
political party as specified in subsection (h) of | 22 |
| Section 7-8, other than a
statewide political party, that is | 23 |
| established only within a municipality or
township and the | 24 |
| managing committee (or legislative committee in case of a
| 25 |
| candidate for State Senator or representative committee in the | 26 |
| case of a
candidate for State Representative in the General |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| Assembly or State central committee in the case of a candidate | 2 |
| for statewide office, including but not limited to the office | 3 |
| of United States Senator) of the respective
political party for | 4 |
| the territorial area in which such vacancy occurs.
| 5 |
| The resolution to fill a vacancy in nomination shall be | 6 |
| duly
acknowledged before an officer qualified to take | 7 |
| acknowledgements of deeds
and shall include, upon its face, the | 8 |
| following information:
| 9 |
| (a) the name of the original nominee and the office | 10 |
| vacated;
| 11 |
| (b) the date on which the vacancy occurred;
| 12 |
| (c) the name and address of the nominee selected to fill | 13 |
| the vacancy and
the date of selection.
| 14 |
| The resolution to fill a vacancy in nomination shall be | 15 |
| accompanied by a
Statement of Candidacy, as prescribed in | 16 |
| Section 7-10, completed by the
selected nominee and a receipt | 17 |
| indicating that such nominee has filed a
statement of economic | 18 |
| interests as required by the Illinois Governmental
Ethics Act.
| 19 |
| The provisions of Section 10-8 through 10-10.1 relating to | 20 |
| objections to
certificates of nomination and nomination | 21 |
| papers, hearings on objections,
and judicial review, shall | 22 |
| apply to and govern objections to resolutions
for filling a | 23 |
| vacancy in nomination.
| 24 |
| Any vacancy in nomination occurring after the 14th day | 25 |
| after the date of certification of candidates to the ballot 15 | 26 |
| days or less before the consolidated
election or the general |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| election shall not be filled. In this event, the
certification | 2 |
| of the original candidate shall stand and his name shall
appear | 3 |
| on the official ballot to be voted at the general election ; | 4 |
| however, no votes cast for such candidate shall be included in | 5 |
| the official canvass of the results of the election or | 6 |
| considered in determining the winner or winners of the | 7 |
| election, except that if the results of the canvass of the | 8 |
| election discloses that such candidate, if he had lived or had | 9 |
| not withdrawn or been declared ineligible, would have been | 10 |
| declared elected, then such candidate shall be declared elected | 11 |
| and a vacancy in office shall exist .
| 12 |
| A vacancy in nomination occurs when a candidate who has | 13 |
| been
nominated under the provisions of this Article 7 dies | 14 |
| before the
election (whether death occurs prior to, on or after | 15 |
| the day of the
primary), or declines the nomination , or is | 16 |
| declared ineligible by a court of competent jurisdiction ; | 17 |
| provided that nominations may
become vacant for other reasons.
| 18 |
| If the name of no established political party candidate was | 19 |
| printed on
the consolidated primary ballot for a particular | 20 |
| office
and if no person was nominated as a write-in candidate | 21 |
| for such office,
a vacancy in nomination shall be created which | 22 |
| may be filled in accordance
with the requirements of this | 23 |
| Section. If the name of no established political
party | 24 |
| candidate was printed on the general primary ballot for a | 25 |
| particular
office and if no person was nominated as a write-in | 26 |
| candidate for such office,
a vacancy in nomination shall be |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| created, but no candidate of the party for the
office shall be | 2 |
| listed on the ballot at the general election unless such
| 3 |
| vacancy is filled in accordance with the requirements of this | 4 |
| Section within 60
days after the date of the general primary.
| 5 |
| A candidate for whom a nomination paper has been filed as a | 6 |
| partisan
candidate at a primary election, and who is defeated | 7 |
| for his or her
nomination at such primary election, is | 8 |
| ineligible to be listed on the
ballot at that general or | 9 |
| consolidated election as a candidate of another
political | 10 |
| party.
| 11 |
| A candidate seeking election to an office for which | 12 |
| candidates of
political parties are nominated by caucus who is | 13 |
| a participant in the
caucus and who is defeated for his or her | 14 |
| nomination at such caucus, is
ineligible to be listed on the | 15 |
| ballot at that general or consolidated
election as a candidate | 16 |
| of another political party.
| 17 |
| In the proceedings to nominate a candidate to fill a | 18 |
| vacancy or to
fill a vacancy in the nomination, each precinct, | 19 |
| township, ward, county
or congressional district, as the case | 20 |
| may be, shall through its
representative on such central or | 21 |
| managing committee, be entitled to one
vote for each ballot | 22 |
| voted in such precinct, township, ward, county or
congressional | 23 |
| district, as the case may be, by the primary electors of
its | 24 |
| party at the primary election immediately preceding the meeting | 25 |
| at
which such vacancy is to be filled.
| 26 |
| For purposes of this Section, the words "certify" and |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| "certification"
shall refer to the act of officially declaring | 2 |
| the names of candidates
entitled to be printed upon the | 3 |
| official ballot at an election and
directing election | 4 |
| authorities to place the names of such candidates upon
the | 5 |
| official ballot. "Certifying officers or board" shall refer to | 6 |
| the
local election official, election authority or the State | 7 |
| Board of
Elections, as the case may be, with whom nomination | 8 |
| papers, including
certificates of nomination and resolutions | 9 |
| to fill vacancies in nomination,
are filed and whose duty it is | 10 |
| to "certify" candidates.
| 11 |
| (Source: P.A. 94-645, eff. 8-22-05.)
| 12 |
| (10 ILCS 5/8-9) (from Ch. 46, par. 8-9)
| 13 |
| Sec. 8-9. All petitions for nomination shall be filed by | 14 |
| mail or in
person as follows:
| 15 |
| (1) Where the nomination is made for a legislative office, | 16 |
| such
petition for nomination shall be filed in the principal | 17 |
| office of the
State Board of Elections not more than 99 and not | 18 |
| less than 92 days
prior to the date of the primary.
| 19 |
| (2) The State Board of Elections shall, upon receipt of | 20 |
| each
petition, endorse thereon the day and hour on which it was | 21 |
| filed.
Petitions filed by mail and received after midnight on | 22 |
| the first day for
filing and in the first mail delivery or | 23 |
| pickup of that day, shall be deemed
as filed as of 8:00 a.m. of | 24 |
| that day or as of the normal opening hour of
such day as the | 25 |
| case may be, and all petitions received thereafter shall be
|
|
|
|
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|
| 1 |
| deemed as filed in the order of actual receipt. Where 2 or more | 2 |
| petitions
are received simultaneously, the State Board of | 3 |
| Elections shall break ties
and determine the order of filing, | 4 |
| by means of a lottery as provided in
Section 7-12 of this Code.
| 5 |
| (3) Any person for whom a petition for nomination has been | 6 |
| filed,
may cause his name to be withdrawn by a request in | 7 |
| writing, signed by
him, duly acknowledged before an officer | 8 |
| qualified to take
acknowledgments of deeds, and filed in the | 9 |
| principal or permanent branch
office of the State Board of | 10 |
| Elections not later than the date of
certification of | 11 |
| candidates for the general primary ballot, and no names so
| 12 |
| withdrawn shall be certified by the State Board
of Elections to | 13 |
| the county clerk, or printed on the primary ballot. The name of | 14 |
| any candidate who has been certified for the ballot but who | 15 |
| dies, withdraws, or is declared ineligible by a court of | 16 |
| competent jurisdiction after the 14th day after the date of | 17 |
| certification of candidates for the ballot but prior to the | 18 |
| primary election shall remain printed on the ballot but no | 19 |
| votes cast for such candidate shall be included in the official | 20 |
| canvass of the results of the election or considered in | 21 |
| determining the winner or winners of the election; provided, | 22 |
| however, that if the results of the canvass of the election | 23 |
| discloses that such candidate, if he had lived or had not | 24 |
| withdrawn or been declared ineligible, would have been declared | 25 |
| nominated, then such candidate shall be declared nominated and | 26 |
| a vacancy in nomination shall exist. If
petitions for |
|
|
|
HB5005 |
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|
| 1 |
| nomination have been filed for the same person with
respect to | 2 |
| more than one political party, his name shall not be
certified | 3 |
| nor printed on the primary ballot of any party. If petitions
| 4 |
| for nomination have been filed for the same person for 2 or | 5 |
| more offices
which are incompatible so that the same person | 6 |
| could not serve in more
than one of such offices if elected, | 7 |
| that person must withdraw as a
candidate for all but one of | 8 |
| such offices within the 5 business days following
the last day | 9 |
| for petition filing. If he fails to withdraw as a candidate for
| 10 |
| all but one of such offices within such time, his name shall | 11 |
| not be
certified, nor printed on the primary ballot, for any | 12 |
| office. For the
purpose of the foregoing provisions, an office | 13 |
| in a political party is
not incompatible with any other office.
| 14 |
| (4) If multiple sets of nomination papers are filed for a | 15 |
| candidate to
the same office, the State Board of Elections | 16 |
| shall within 2 business days
notify the candidate of his or her | 17 |
| multiple petition filings and that the
candidate has 3 business | 18 |
| days after receipt of the notice to notify the
State Board of | 19 |
| Elections that he or she may cancel prior sets of petitions.
If | 20 |
| the candidate notifies the State Board of Elections the last | 21 |
| set of
petitions filed shall be the only petitions to be | 22 |
| considered valid by the State
Board of Elections. If the | 23 |
| candidate fails to notify the State Board then
only the first | 24 |
| set of petitions filed shall be valid and all subsequent
| 25 |
| petitions shall be void.
| 26 |
| (Source: P.A. 86-875; 87-1052.)
|
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| (10 ILCS 5/8-17) (from Ch. 46, par. 8-17)
| 2 |
| Sec. 8-17. The name of any candidate who has been certified | 3 |
| for the ballot but who dies, withdraws, or is declared | 4 |
| ineligible by a court of competent jurisdiction after the 14th | 5 |
| day after the date of certification of candidates for the | 6 |
| ballot but prior to the primary election shall remain printed | 7 |
| on the ballot but no votes cast for such candidate shall be | 8 |
| included in the official canvass of the results of the election | 9 |
| or considered in determining the winner or winners of the | 10 |
| election; provided, however, that if the results of the canvass | 11 |
| of the election discloses that such candidate, if he had lived | 12 |
| or had not withdrawn or been declared ineligible, would have | 13 |
| been declared nominated, then such candidate shall be declared | 14 |
| nominated and a vacancy in nomination shall exist. The death of | 15 |
| any candidate prior to, or on, the date of the primary
shall | 16 |
| not affect the canvass of the ballots. If the result of such
| 17 |
| canvass discloses that such candidate, if he had lived, would | 18 |
| have been
nominated, such candidate shall be declared | 19 |
| nominated.
| 20 |
| In the event that a candidate of a party who has been | 21 |
| nominated under
the provisions of this Article shall die before | 22 |
| election (whether death
occurs prior to, or on, or after, the | 23 |
| date of the primary) or decline
the nomination or should the | 24 |
| nomination for any other reason become
vacant, the legislative | 25 |
| or representative committee of such party for
such district |
|
|
|
HB5005 |
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|
| 1 |
| shall
nominate a candidate of such party to fill such vacancy.
| 2 |
| However, if there
was no candidate for the nomination of the | 3 |
| party in the primary,
no candidate of that party for that
| 4 |
| office may be listed on the ballot at the general election, | 5 |
| unless the
legislative or representative committee of the party | 6 |
| nominates a candidate
to fill the vacancy in nomination within | 7 |
| 60 days after the date of the
general primary election.
| 8 |
| Vacancies in
nomination occurring under this Article shall be | 9 |
| filled by the appropriate
legislative or representative | 10 |
| committee in accordance with the provisions
of Section 7-61 of | 11 |
| this Code. In proceedings to fill the vacancy in
nomination, | 12 |
| the voting strength of the members of the legislative or
| 13 |
| representative committee shall be as provided in Section 8-6.
| 14 |
| (Source: P.A. 84-757; 84-790; 84-928; 84-1026.)
| 15 |
| (10 ILCS 5/10-7) (from Ch. 46, par. 10-7)
| 16 |
| Sec. 10-7. Any person whose name has been presented as a | 17 |
| candidate
may cause his name to be withdrawn from any such | 18 |
| nomination by his
request in writing, signed by him and duly | 19 |
| acknowledged before an
officer qualified to take | 20 |
| acknowledgment of deeds, and presented to the
principal office | 21 |
| or permanent branch office of the Board, the election
| 22 |
| authority, or the local election official, as the case may be, | 23 |
| not later
than the date for certification of candidates for the | 24 |
| ballot. No name so
withdrawn shall be printed upon the ballots | 25 |
| under the party appellation or
title from which the candidate |
|
|
|
HB5005 |
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|
| 1 |
| has withdrawn his name. The name of any candidate who has been | 2 |
| certified for the ballot but who dies, withdraws, or is | 3 |
| declared ineligible by a court of competent jurisdiction after | 4 |
| the 14th day after the date of certification of candidates for | 5 |
| the ballot but prior to the election shall remain printed on | 6 |
| the ballot but no votes cast for such candidate shall be | 7 |
| included in the official canvass of the results of the election | 8 |
| or considered in determining the winner or winners of the | 9 |
| election; provided, however, that if the results of the canvass | 10 |
| of the election discloses that such candidate, if he had lived | 11 |
| or had not withdrawn or been declared ineligible, would have | 12 |
| been declared elected, then such candidate shall be declared | 13 |
| elected and a vacancy in office shall exist. If the name of the
| 14 |
| same person has been presented as a candidate for 2 or more | 15 |
| offices which
are incompatible so that the same person could | 16 |
| not serve in more than one
of such offices if elected, that | 17 |
| person must withdraw as a candidate for
all but one of such | 18 |
| offices within the 5 business days following the last
day for | 19 |
| petition filing. If he fails to withdraw as a candidate for all
| 20 |
| but one of such offices within such time, his name shall not be | 21 |
| certified,
nor printed on the ballot, for any office. However, | 22 |
| nothing in this section
shall be construed as precluding a | 23 |
| judge who is seeking retention in office
from also being a | 24 |
| candidate for another judicial office. Except as
otherwise | 25 |
| herein provided, in case the certificate of nomination or
| 26 |
| petition as provided for in this Article shall contain or |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| exhibit the name
of any candidate for any office upon more than | 2 |
| one of said certificates or
petitions (for the same office), | 3 |
| then and in that case the Board or
election authority or local | 4 |
| election official, as the case may be, shall
immediately notify | 5 |
| said candidate of said fact and that his name appears
| 6 |
| unlawfully upon more than one of said certificates or petitions | 7 |
| and that
within 3 days from the receipt of said notification, | 8 |
| said candidate must
elect as to which of said political party | 9 |
| appellations or groups he desires
his name to appear and remain | 10 |
| under upon said ballot, and if said candidate
refuses, fails or | 11 |
| neglects to make such election, then and in that case the
Board | 12 |
| or election authority or local election official, as the case | 13 |
| may be,
shall permit the name of said candidate to appear or be | 14 |
| printed or placed
upon said ballot only under the political | 15 |
| party appellation or group
appearing on the certificate of | 16 |
| nomination or petition, as the case may be,
first filed, and | 17 |
| shall strike or cause to be stricken the name of said
candidate | 18 |
| from all certificates of nomination and petitions
filed after | 19 |
| the first such certificate of nomination or petition.
| 20 |
| Whenever the name of a candidate for an office is withdrawn | 21 |
| from a new
political party petition within 14 days after the | 22 |
| date of certification of candidate names to the ballot , it | 23 |
| shall constitute a vacancy in nomination for
that office which | 24 |
| may be filled in accordance with Section 10-11 of this
Article; | 25 |
| provided, that if the names of all candidates for all offices | 26 |
| on
a new political party petition are withdrawn or such |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| petition is declared
invalid by an electoral board or upon | 2 |
| judicial review, no vacancies in
nomination for those offices | 3 |
| shall exist and the filing of any notice or
resolution | 4 |
| purporting to fill vacancies in nomination shall have no legal | 5 |
| effect.
| 6 |
| Whenever the name of an independent candidate for an office | 7 |
| is withdrawn
or an independent candidate's petition is declared | 8 |
| invalid by an electoral
board or upon judicial review, no | 9 |
| vacancy in nomination for that office
shall exist and the | 10 |
| filing of any notice or resolution purporting to fill
a vacancy | 11 |
| in nomination shall have no legal effect.
| 12 |
| All certificates of nomination and nomination papers when | 13 |
| presented or
filed shall be open, under proper regulation, to | 14 |
| public inspection, and the
State Board of Elections and the | 15 |
| several election authorities and local
election officials | 16 |
| having charge of nomination papers shall preserve the
same in | 17 |
| their respective offices not less than 6 months.
| 18 |
| (Source: P.A. 86-875.)
| 19 |
| (10 ILCS 5/10-11) (from Ch. 46, par. 10-11)
| 20 |
| Sec. 10-11. Any vacancy in the nomination of a new | 21 |
| political party
candidate occurring on or before the 14th day | 22 |
| after prior to
the date of certification of candidates for the | 23 |
| ballot
by the certifying board or officer shall be filled as | 24 |
| provided in this section must be filled prior to the date of | 25 |
| certification .
The resolution to fill such
vacancy shall be |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| sent by U.S. mail or personal delivery to the certifying
| 2 |
| officer or board within 3 days of the action by which the | 3 |
| vacancy was filled;
provided, if such resolution
is sent by | 4 |
| mail and the U.S. postmark on the envelope containing such | 5 |
| resolution
is dated prior to the expiration of such 3 day | 6 |
| limit, the notice or resolution
shall be deemed filed within | 7 |
| such 3 day limit. Failure
to so transmit the notice or | 8 |
| resolution within the time
specified in this Section shall | 9 |
| authorize the certifying officer
or board to certify the | 10 |
| original candidate. Vacancies shall be filled
by the new | 11 |
| political party officers.
| 12 |
| Any vacancy in nomination occurring after the 14th day | 13 |
| after certification shall not be filled but prior to 15
days | 14 |
| before a regular election shall be filled by the new political
| 15 |
| party officers within
8 days after the event creating the | 16 |
| vacancy in the manner heretofore prescribed . In this event the | 17 |
| certification of the original candidate shall stand and his | 18 |
| name shall appear on the official ballot to be voted at the | 19 |
| election; however, no votes cast for such candidate shall be | 20 |
| included in the official canvass of the results of the election | 21 |
| or considered in determining the winner or winners of the | 22 |
| election, except that if the results of the canvass of the | 23 |
| election discloses that such candidate, if he had lived or had | 24 |
| not withdrawn or been declared ineligible, would have been | 25 |
| declared elected, then such candidate shall be declared elected | 26 |
| and a vacancy in office shall exist.
|
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| The resolution to fill a vacancy in nomination shall be | 2 |
| duly
acknowledged before an officer qualified to take | 3 |
| acknowledgements of deeds
and shall include, upon its face, the | 4 |
| following information:
| 5 |
| (a) the name of the original nominee and the office | 6 |
| vacated;
| 7 |
| (b) the date on which the vacancy occurred;
| 8 |
| (c) the name and address of the nominee selected to fill | 9 |
| the vacancy and
the date of selection.
| 10 |
| The resolution to fill a vacancy in nomination shall be | 11 |
| accompanied by a
Statement of Candidacy, as prescribed in | 12 |
| Section 10-5, completed by the
selected nominee and a receipt | 13 |
| indicating that such nominee has filed a
statement of economic | 14 |
| interests as required by the Illinois Governmental Ethics Act.
| 15 |
| The provisions of Sections 10-8 through 10-10.1 relating to | 16 |
| objections to
certificates of nomination and nomination | 17 |
| papers, hearings on objections,
and judicial review, shall | 18 |
| apply to and govern objections to resolutions
for filling a | 19 |
| vacancy in nomination.
| 20 |
| Any vacancy in nomination occurring 15 days or less before | 21 |
| a regular election
shall not be filled. In this event the | 22 |
| certification of the original candidate
shall stand and his | 23 |
| name shall appear on the official ballot to be voted
at the | 24 |
| election.
| 25 |
| A vacancy in nomination occurs when a candidate who has | 26 |
| been nominated
under the provisions of Section 10-2 dies before |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| the election, or declines
the nomination; provided that | 2 |
| nomination may become vacant for other reasons.
| 3 |
| However, the provisions of this Section shall not apply to | 4 |
| any vacancy
in nomination for a municipal office for which the | 5 |
| Municipal Code, as now
or hereafter amended, provides a | 6 |
| different method for filling such vacancy,
and the applicable | 7 |
| provision of the Municipal Code shall govern in such cases.
| 8 |
| Any vacancy in a nomination by caucus of an established | 9 |
| political party
for a township or municipal office shall be | 10 |
| filled in accordance with Section
7-61 of this Code.
| 11 |
| For purposes of this Section, the words "certify" and | 12 |
| "certification"
shall refer to the act of officially declaring | 13 |
| the names of candidates
entitled to be printed upon the | 14 |
| official ballot at an election and
directing election | 15 |
| authorities to place the names of such candidates upon
the | 16 |
| official ballot. "Certifying officers or board" shall refer to | 17 |
| the
local election official, election authority or the State | 18 |
| Board of
Elections, as the case may be, with whom nomination | 19 |
| papers, certificates of
nomination papers and resolutions to | 20 |
| fill vacancies in nomination are filed
and whose duty it is to | 21 |
| "certify" candidates.
| 22 |
| (Source: P.A. 84-757.)
| 23 |
| (10 ILCS 5/10-14) (from Ch. 46, par. 10-14)
| 24 |
| Sec. 10-14. Not less than 67 days before the date of the | 25 |
| general election
the State Board of Elections shall certify to |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| the county clerk of each
county the name of each candidate | 2 |
| whose nomination papers,
certificate of nomination or | 3 |
| resolution to fill a vacancy in nomination
has been filed with
| 4 |
| the State Board of Elections and direct the county clerk to | 5 |
| place upon
the official ballot for the general election the | 6 |
| names of such candidates
in the same manner and in the same | 7 |
| order as shown upon the certification. The name of no
candidate | 8 |
| for an office to
be filled by the electors of the entire state | 9 |
| shall be placed upon the
official ballot unless his name is | 10 |
| duly certified to the county clerk
upon a certificate signed by | 11 |
| the members of the State Board of
Elections. The names of group | 12 |
| candidates on petitions shall be certified
to the several | 13 |
| county clerks in the order
in which such names appear on such | 14 |
| petitions filed with
the State Board of Elections.
| 15 |
| Not less than 61 days before the date of the general | 16 |
| election, each
county clerk shall certify the names of each of | 17 |
| the candidates for county
offices whose nomination papers, | 18 |
| certificates of nomination or resolutions
to fill a vacancy in | 19 |
| nomination have been filed with such clerk and declare
that the | 20 |
| names of such candidates for the respective offices shall be
| 21 |
| placed upon the official ballot for the general election in the | 22 |
| same manner
and in the same order as shown upon the | 23 |
| certification. Each county clerk
shall place a copy of the | 24 |
| certification on file in his or her office and at
the same time | 25 |
| issue to the State Board of Elections a copy of such
| 26 |
| certification. In addition, each county clerk in whose county |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| there is a
board of election commissioners
shall, not
less than | 2 |
| 55 days before the election, certify to the board of election
| 3 |
| commissioners the name of the person or persons nominated for | 4 |
| such
office as shown by the certificate of the State Board of | 5 |
| Elections,
together with the names of all other candidates as | 6 |
| shown
by the certification of county officers on file in the | 7 |
| clerk's office, and
in the order so certified. The county clerk | 8 |
| or board of election commissioners
shall print
the names of the | 9 |
| nominees on the ballot for each office in the order in
which | 10 |
| they are certified to or filed with the county clerk; provided,
| 11 |
| that in printing the name of nominees for any office, if any of | 12 |
| such
nominees have also been nominated by one or more political | 13 |
| parties
pursuant to this Act, the location of the name of such | 14 |
| candidate on the
ballot for nominations made under this Article | 15 |
| shall be precisely in the
same order in which it appears on the | 16 |
| certification of the State Board
of Elections to the county | 17 |
| clerk.
| 18 |
| For the general election,
the candidates of new political | 19 |
| parties shall be placed on the ballot for
said election after | 20 |
| the established political party candidates
and in the order of | 21 |
| new political party petition filings.
| 22 |
| Each certification shall indicate, where applicable, the | 23 |
| following:
| 24 |
| (1) The political party affiliation if any, of the | 25 |
| candidates for the
respective offices;
| 26 |
| (2) If there is to be more than one candidate elected |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| to an office from
the State, political subdivision or | 2 |
| district;
| 3 |
| (3) If the voter has the right to vote for more than | 4 |
| one candidate for an office;
| 5 |
| (4) The term of office, if a vacancy is to be filled | 6 |
| for less than a
full term or if the offices to be filled in | 7 |
| a political subdivision are for
different terms.
| 8 |
| The State Board of Elections or the county clerk, as the | 9 |
| case may be,
shall issue an amended certification whenever it | 10 |
| is discovered that the
original certification is in error , | 11 |
| provided, however, that no amended certification shall be | 12 |
| issued after the 14th day after the date of certification. The | 13 |
| name of any candidate who was certified to the ballot but who | 14 |
| dies, withdraws, or is declared ineligible by a court of | 15 |
| competent jurisdiction after the 14th day after the date of | 16 |
| certification of candidates for the ballot but prior to the | 17 |
| election shall remain printed on the ballot but no votes cast | 18 |
| for such candidate shall be included in the official canvass of | 19 |
| the results of the election or considered in determining the | 20 |
| winner or winners of the election; provided, however, that if | 21 |
| the results of the canvass of the election discloses that such | 22 |
| candidate, if he had lived or had not withdrawn or been | 23 |
| declared ineligible, would have been declared elected, then | 24 |
| such candidate shall be declared elected and a vacancy in | 25 |
| office shall exist .
| 26 |
| (Source: P.A. 93-847, eff. 7-30-04.)
|
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| (10 ILCS 5/10-15) (from Ch. 46, par. 10-15)
| 2 |
| Sec. 10-15. Not less than 61 days before the date of the | 3 |
| consolidated and
nonpartisan elections, each local election | 4 |
| official with whom
certificates of nomination or nominating | 5 |
| petitions have been filed shall
certify to each election | 6 |
| authority having jurisdiction over any of the
territory of his | 7 |
| political subdivision the names of all candidates
entitled to | 8 |
| be printed on the ballot for offices of that political
| 9 |
| subdivision to be voted upon at such election and direct the | 10 |
| election
authority to place upon the official ballot for such | 11 |
| election the names of
such candidates in the same manner and in | 12 |
| the same order as shown upon the
certification.
| 13 |
| The local election officials shall certify such candidates | 14 |
| for each
office in the order in which such candidates' | 15 |
| certificates of nomination
or nominating petitions were filed | 16 |
| in his office. However, subject to appeal,
the names of | 17 |
| candidates whose petitions have been held invalid by the | 18 |
| appropriate
electoral board provided in Section 10-9 of this | 19 |
| Act shall not be so certified. The
certification shall be | 20 |
| modified as necessary to comply with the
requirements of any | 21 |
| other statute or any ordinance adopted pursuant to
Article VII | 22 |
| of the Constitution prescribing specific provisions for
| 23 |
| nonpartisan elections, including without limitation Articles 4 | 24 |
| and 5 of
"The Municipal Code" or Article 9 of The School Code.
| 25 |
| In every instance where applicable, the following shall |
|
|
|
HB5005 |
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LRB095 18018 JAM 44101 b |
|
| 1 |
| also be indicated
in the certification:
| 2 |
| (1) The political party affiliation, if any, of the | 3 |
| candidates for the
respective offices;
| 4 |
| (2) Where there is to be more than one candidate elected to | 5 |
| an office
from a political subdivision or district;
| 6 |
| (3) Where a voter has the right to vote for more than one
| 7 |
| candidate for an office;
| 8 |
| (4) The terms of the office to be on the ballot, when a | 9 |
| vacancy is to
be filled for less than a full term, or when | 10 |
| offices of a particular subdivision
to be on the ballot at the | 11 |
| same election are to be filled for different terms;
| 12 |
| (5) The territory in which a candidate is required by law | 13 |
| to reside, when
such residency requirement is not identical to | 14 |
| the territory of the political
subdivision from which the | 15 |
| candidate is to be elected or nominated;
| 16 |
| (6) Where a candidate's nominating papers or petitions have | 17 |
| been objected to and the objection has been sustained by the | 18 |
| electoral board established in Section 10-10, the words | 19 |
| "OBJECTION SUSTAINED" shall be placed under the title of the | 20 |
| office being sought by the candidate and the name of the | 21 |
| aggrieved candidate shall not appear; and
| 22 |
| (7) Where a candidate's nominating papers or petitions have | 23 |
| been objected to and the decision of the electoral board | 24 |
| established in Section 10-10 is either unknown or known to be | 25 |
| in judicial review, the words "OBJECTION PENDING" shall be | 26 |
| placed under the title of the office being sought by the |
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| candidate and next to the name of the candidate.
| 2 |
| For the consolidated election, and for the general primary | 3 |
| in the case
of certain municipalities having annual elections, | 4 |
| the candidates of new
political parties shall be placed on the | 5 |
| ballot for such elections after
the established political party | 6 |
| candidates and in the order of new political
party petition | 7 |
| filings.
| 8 |
| The local election official shall issue an amended | 9 |
| certification
whenever it is discovered that the original | 10 |
| certification is in error , provided, however, that no amended | 11 |
| certification shall be issued after the 14th day after the date | 12 |
| of certification. The name of any candidate who was certified | 13 |
| to the ballot but who dies, withdraws, or is declared | 14 |
| ineligible by a court of competent jurisdiction after the 14th | 15 |
| day after the date of certification of candidates for the | 16 |
| ballot but prior to the election shall remain printed on the | 17 |
| ballot but no votes cast for such candidate shall be included | 18 |
| in the official canvass of the results of the election or | 19 |
| considered in determining the winner or winners of the | 20 |
| election; provided, however, that if the results of the canvass | 21 |
| of the election discloses that such candidate, if he had lived | 22 |
| or had not withdrawn or been declared ineligible, would have | 23 |
| been declared elected, then such candidate shall be declared | 24 |
| elected and a vacancy in office shall exist .
| 25 |
| (Source: P.A. 95-699, eff. 11-9-07.)
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| 1 |
| (10 ILCS 5/22-16) (from Ch. 46, par. 22-16)
| 2 |
| Sec. 22-16. The name of any candidate who was certified to | 3 |
| the ballot but who dies, withdraws, or is declared ineligible | 4 |
| by a court of competent jurisdiction after the 14th day after | 5 |
| the date of certification of candidates for the ballot but | 6 |
| prior to the election shall remain printed on the ballot but no | 7 |
| votes cast for such candidate shall be included in the official | 8 |
| canvass of the results of the election or considered in | 9 |
| determining the winner or winners of the election; provided, | 10 |
| however, that if the results of the canvass of the election | 11 |
| discloses that such candidate, if he had lived or had not | 12 |
| withdrawn or been declared ineligible, would have been declared | 13 |
| elected, then such candidate shall be declared elected and a | 14 |
| vacancy in office shall exist. If the result of a canvass | 15 |
| disclosed that a person
elected to office is a person whose | 16 |
| nomination for said office was
vacated and not filled pursuant | 17 |
| to Section 7-61 or 10-11, such
person shall be declared elected | 18 |
| and the office thereupon shall become
vacant. Such vacancy in | 19 |
| office shall be filled under the applicable
provision of | 20 |
| Article 25.
| 21 |
| (Source: P.A. 84-861.)
| 22 |
| Section 10. The Revised Cities and Villages Act of 1941 is | 23 |
| amended by changing Section 21-29 as follows:
| 24 |
| (65 ILCS 20/21-29) (from Ch. 24, par. 21-29)
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| 1 |
| Sec. 21-29. Withdrawals and substitution of candidates.
| 2 |
| Any candidate for alderman under the provisions of this | 3 |
| article may
withdraw his name as a candidate by filing with the | 4 |
| board of election
commissioners of the city of Chicago not | 5 |
| later than the 14th day after the date of certification of | 6 |
| candidates for the ballot twenty days before the
holding of the | 7 |
| election his written request signed by him and duly
| 8 |
| acknowledged before an officer qualified to take | 9 |
| acknowledgements of
deeds, whereupon his name shall not be | 10 |
| printed as a candidate upon the
official ballot.
| 11 |
| If any candidate at an aldermanic election who was not | 12 |
| elected as
provided for in this article but who shall have | 13 |
| received sufficient votes
to entitle him to a place on the | 14 |
| official ballot at the ensuing
supplementary election shall die | 15 |
| or withdraw his candidacy before such
supplementary election, | 16 |
| the name of the candidate who shall receive the
next highest | 17 |
| number of votes shall be printed on the ballot in lieu of the
| 18 |
| name of the candidate who shall have died or withdrawn his | 19 |
| candidacy.
| 20 |
| (Source: Laws 1941, vol. 2, p. 19 .)
| 21 |
| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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