Full Text of HB5045 101st General Assembly
HB5045 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB5045 Introduced 2/18/2020, by Rep. Daniel Didech SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/7-10.2 | from Ch. 46, par. 7-10.2 | 10 ILCS 5/7-17 | from Ch. 46, par. 7-17 | 10 ILCS 5/8-8.1 | from Ch. 46, par. 8-8.1 | 10 ILCS 5/10-5.1 | from Ch. 46, par. 10-5.1 | 10 ILCS 5/16-3 | from Ch. 46, par. 16-3 |
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Amends the Election Code. Provides that the requirements to change a candidate's name do not apply to name changes resulting from a civil union to assume a spouse's surname or dissolution of a civil union or declaration of invalidity of a civil union to assume a former surname or a name change that conforms the candidate's name to his or her gender identity. Makes conforming changes throughout the Code. Effective immediately.
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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 7-10.2, 7-17, 8-8.1, 10-5.1, and 16-3 as follows:
| 6 | | (10 ILCS 5/7-10.2) (from Ch. 46, par. 7-10.2)
| 7 | | Sec. 7-10.2. In the designation of the name of a candidate | 8 | | on a petition for
nomination or certificate of nomination the | 9 | | candidate's given name or
names, initial or initials, a | 10 | | nickname by which the candidate is
commonly known, or a | 11 | | combination thereof, may be used in addition to the
candidate's | 12 | | surname. If a candidate has changed his or her name, whether by | 13 | | a statutory or common law procedure in Illinois or any other | 14 | | jurisdiction, within 3 years before the last day for filing the | 15 | | petition or certificate for that office, whichever is | 16 | | applicable, then (i) the candidate's name on the petition or | 17 | | certificate must be followed by "formerly known as (list all | 18 | | prior names during the 3-year period) until name changed on | 19 | | (list date of each such name change)" and (ii) the petition or | 20 | | certificate must be accompanied by the candidate's affidavit | 21 | | stating the candidate's previous names during the period | 22 | | specified in (i) and the date or dates each of those names was | 23 | | changed; failure to meet these requirements shall be grounds |
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| 1 | | for denying certification of the candidate's name for the | 2 | | ballot or removing the candidate's name from the ballot, as | 3 | | appropriate, but these requirements do not apply to name | 4 | | changes resulting from adoption to assume an adoptive parent's | 5 | | or parents' surname, marriage or civil union to assume a | 6 | | spouse's surname, or dissolution of marriage or civil union or | 7 | | declaration of invalidity of marriage or civil union to assume | 8 | | a former surname or a name change that conforms the candidate's | 9 | | name to his or her gender identity . No other designation such | 10 | | as a political slogan, as
defined by Section 7-17, title or | 11 | | degree, or
nickname suggesting or implying possession of a | 12 | | title, degree or professional
status, or similar information | 13 | | may be used in connection with the candidate's
surname.
| 14 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| 15 | | (10 ILCS 5/7-17) (from Ch. 46, par. 7-17)
| 16 | | Sec. 7-17. Candidate ballot name procedures.
| 17 | | (a) Each election authority in each county shall cause to | 18 | | be
printed upon the general primary ballot of each party for | 19 | | each precinct
in his jurisdiction the name of each candidate | 20 | | whose petition for
nomination or for committeeperson has been | 21 | | filed in the office of the
county clerk, as herein provided; | 22 | | and also the name of each candidate
whose name has been | 23 | | certified to his office by the State Board of
Elections, and in | 24 | | the order so certified, except as hereinafter
provided.
| 25 | | It shall be the duty of the election authority to cause to |
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| 1 | | be printed
upon the consolidated primary ballot of each | 2 | | political party for each
precinct in his jurisdiction the name | 3 | | of each candidate whose name has
been certified to him, as | 4 | | herein provided and which is to be voted for
in such precinct.
| 5 | | (b) In the designation of the name of a candidate on the | 6 | | primary ballot
the candidate's given name or names, initial or | 7 | | initials, a nickname by
which the candidate is commonly known, | 8 | | or a combination thereof, may be
used in addition to the | 9 | | candidate's surname. If a candidate has changed his or her | 10 | | name, whether by a statutory or common law procedure in | 11 | | Illinois or any other jurisdiction, within 3 years before the | 12 | | last day for filing the petition for nomination, nomination | 13 | | papers, or certificate of nomination for that office, whichever | 14 | | is applicable, then (i) the candidate's name on the primary | 15 | | ballot must be followed by "formerly known as (list all prior | 16 | | names during the 3-year period) until name changed on (list | 17 | | date of each such name change)" and (ii) the petition, papers, | 18 | | or certificate must be accompanied by the candidate's affidavit | 19 | | stating the candidate's previous names during the period | 20 | | specified in (i) and the date or dates each of those names was | 21 | | changed; failure to meet these requirements shall be grounds | 22 | | for denying certification of the candidate's name for the | 23 | | ballot or removing the candidate's name from the ballot, as | 24 | | appropriate, but these requirements do not apply to name | 25 | | changes resulting from adoption to assume an adoptive parent's | 26 | | or parents' surname, marriage or civil union to assume a |
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| 1 | | spouse's surname, or dissolution of marriage or civil union or | 2 | | declaration of invalidity of marriage or civil union to assume | 3 | | a former surname or a name change that conforms the candidate's | 4 | | name to his or her gender identity . No other designation such
| 5 | | as a political slogan, title, or degree, or nickname suggesting | 6 | | or
implying possession of
a title, degree or professional | 7 | | status, or similar information may be
used in connection
with | 8 | | the candidate's surname.
For purposes of this Section, a | 9 | | "political slogan" is defined as any
word
or words expressing | 10 | | or connoting a position, opinion, or belief that the
candidate | 11 | | may espouse, including but not limited to, any word or words
| 12 | | conveying any meaning other than that of the personal identity | 13 | | of the
candidate. A
candidate may not use a political slogan as | 14 | | part of his or her name on the
ballot, notwithstanding that the | 15 | | political slogan may be part of the
candidate's name.
| 16 | | (c) The State Board of Elections, a local election | 17 | | official, or an election
authority shall remove any candidate's | 18 | | name designation from a ballot that is
inconsistent with | 19 | | subsection (b) of this Section. In addition, the State Board
of | 20 | | Elections, a local election official, or an election authority | 21 | | shall not
certify to any election authority any candidate name | 22 | | designation that is
inconsistent with subsection (b) of this | 23 | | Section.
| 24 | | (d) If the State Board of Elections, a local election | 25 | | official, or an
election authority removes a candidate's name | 26 | | designation from a ballot
under subsection (c) of this Section, |
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| 1 | | then the aggrieved candidate may
seek appropriate relief in | 2 | | circuit court.
| 3 | | (Source: P.A. 100-1027, eff. 1-1-19 .)
| 4 | | (10 ILCS 5/8-8.1) (from Ch. 46, par. 8-8.1)
| 5 | | Sec. 8-8.1. In the designation of the name of a candidate | 6 | | on a petition for
nomination, the candidate's given name or | 7 | | names, initial or initials, a
nickname by which the candidate | 8 | | is commonly known, or a combination
thereof, may be used in | 9 | | addition to the candidate's surname. If a candidate has changed | 10 | | his or her name, whether by a statutory or common law procedure | 11 | | in Illinois or any other jurisdiction, within 3 years before | 12 | | the last day for filing the petition for that office, then (i) | 13 | | the candidate's name on the petition must be followed by | 14 | | "formerly known as (list all prior names during the 3-year | 15 | | period) until name changed on (list date of each such name | 16 | | change)" and (ii) the petition must be accompanied by the | 17 | | candidate's affidavit stating the candidate's previous names | 18 | | during the period specified in (i) and the date or dates each | 19 | | of those names was changed; failure to meet these requirements | 20 | | shall be grounds for denying certification of the candidate's | 21 | | name for the ballot or removing the candidate's name from the | 22 | | ballot, as appropriate, but these requirements do not apply to | 23 | | name changes resulting from adoption to assume an adoptive | 24 | | parent's or parents' surname, marriage or civil union to assume | 25 | | a spouse's surname, or dissolution of marriage or civil union |
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| 1 | | or declaration of invalidity of marriage or civil union to | 2 | | assume a former surname or a name change that conforms the | 3 | | candidate's name to his or her gender identity . No other
| 4 | | designation such as a political slogan, title, or degree, or | 5 | | nickname
suggesting or implying
possession of a title, degree | 6 | | or professional status, or similar information
may be used
in | 7 | | connection with the candidate's surname.
| 8 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| 9 | | (10 ILCS 5/10-5.1) (from Ch. 46, par. 10-5.1)
| 10 | | Sec. 10-5.1. In the designation of the name of a candidate | 11 | | on a certificate of
nomination or nomination papers the | 12 | | candidate's given name or names,
initial or initials, a | 13 | | nickname by which the candidate is commonly
known, or a | 14 | | combination thereof, may be used in addition to the
candidate's | 15 | | surname. If a candidate has changed his or her name, whether by | 16 | | a statutory or common law procedure in Illinois or any other | 17 | | jurisdiction, within 3 years before the last day for filing the | 18 | | certificate of nomination or nomination papers for that office, | 19 | | whichever is applicable, then (i) the candidate's name on the | 20 | | certificate or papers must be followed by "formerly known as | 21 | | (list all prior names during the 3-year period) until name | 22 | | changed on (list date of each such name change)" and (ii) the | 23 | | certificate or paper must be accompanied by the candidate's | 24 | | affidavit stating the candidate's previous names during the | 25 | | period specified in (i) and the date or dates each of those |
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| 1 | | names was changed; failure to meet these requirements shall be | 2 | | grounds for denying certification of the candidate's name for | 3 | | the ballot or removing the candidate's name from the ballot, as | 4 | | appropriate, but these requirements do not apply to name | 5 | | changes resulting from adoption to assume an adoptive parent's | 6 | | or parents' surname, marriage or civil union to assume a | 7 | | spouse's surname, or dissolution of marriage or civil union or | 8 | | declaration of invalidity of marriage or civil union to assume | 9 | | a former surname or a name change that conforms the candidate's | 10 | | name to his or her gender identity . No other designation such | 11 | | as a political slogan,
title, or
degree, or
nickname suggesting | 12 | | or implying possession of a title, degree or professional
| 13 | | status, or
similar information may be used in connection with | 14 | | the candidate's
surname.
| 15 | | (Source: P.A. 93-574, eff. 8-21-03; 94-1090, eff. 6-1-07 .)
| 16 | | (10 ILCS 5/16-3) (from Ch. 46, par. 16-3)
| 17 | | Sec. 16-3. (a) The names of all candidates to be voted for | 18 | | in each
election district or precinct shall be printed on one | 19 | | ballot, except as
is provided in Sections 16-6.1 and 21-1.01 of | 20 | | this Act and except as otherwise
provided in this Act with | 21 | | respect to the odd year regular elections and
the emergency | 22 | | referenda; all nominations
of any political party being placed | 23 | | under the party appellation or title
of such party as | 24 | | designated in the certificates of nomination or
petitions. The | 25 | | names of all independent candidates shall be printed upon
the |
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| 1 | | ballot in a column or columns under the heading "independent"
| 2 | | arranged under the names or titles of the respective offices | 3 | | for which
such independent candidates shall have been nominated | 4 | | and so far as
practicable, the name or names of any independent | 5 | | candidate or
candidates for any office shall be printed upon | 6 | | the ballot opposite the
name or names of any candidate or | 7 | | candidates for the same office
contained in any party column or | 8 | | columns upon said ballot. The ballot
shall contain no other | 9 | | names, except that in cases of electors for
President and | 10 | | Vice-President of the United States, the names of the
| 11 | | candidates for President and Vice-President may be added to the | 12 | | party
designation and words calculated to aid the voter in his | 13 | | choice of candidates
may be added, such as "Vote for one," | 14 | | "Vote for not more than three." If no candidate or candidates | 15 | | file for an office and if no person or persons file a | 16 | | declaration as a write-in candidate for that office, then below | 17 | | the title of that office the election authority instead shall | 18 | | print "No Candidate". When an electronic
voting system is used | 19 | | which utilizes a ballot label booklet, the candidates
and | 20 | | questions shall appear on the pages of such booklet in the | 21 | | order
provided by this Code; and, in any case where candidates | 22 | | for an office
appear on a page which does not contain the name | 23 | | of any candidate for
another office, and where less than 50% of | 24 | | the page is utilized, the name of
no candidate shall be printed | 25 | | on the lowest 25% of such page. On the back or
outside of the | 26 | | ballot, so as to appear when folded, shall be printed the words
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| 1 | | "Official Ballot", followed by the designation of the polling | 2 | | place for
which the ballot is prepared, the date of the | 3 | | election and a facsimile
of the signature of the election | 4 | | authority who has caused the ballots to
be printed. The ballots | 5 | | shall be of plain white paper, through which the
printing or | 6 | | writing cannot be read. However, ballots for use at the
| 7 | | nonpartisan and consolidated elections may be printed on | 8 | | different color
paper, except blue paper, whenever necessary or | 9 | | desirable to facilitate
distinguishing between ballots for | 10 | | different political subdivisions. In
the case of nonpartisan | 11 | | elections for officers of a political
subdivision, unless the | 12 | | statute or an ordinance adopted pursuant to
Article VII of the | 13 | | Constitution providing the form of government
therefor | 14 | | requires otherwise, the column listing such nonpartisan
| 15 | | candidates shall be printed with no appellation or circle at | 16 | | its head.
The party appellation or title, or the word | 17 | | "independent" at the head of
any column provided for | 18 | | independent candidates, shall be printed in letters not less | 19 | | than one-fourth of an inch in height
and a
circle one-half inch | 20 | | in diameter shall be printed at the beginning of
the line in | 21 | | which such appellation or title is printed, provided,
however, | 22 | | that no such circle shall be printed at the head of any column
| 23 | | or columns provided for such independent candidates. The names | 24 | | of
candidates shall be printed in letters not less than | 25 | | one-eighth
nor more than one-fourth of an inch in height, and | 26 | | at the beginning of
each line in which a name of a candidate is |
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| 1 | | printed a square shall be
printed, the sides of which shall be | 2 | | not less than one-fourth of an inch
in length. However, the | 3 | | names of the candidates for Governor and
Lieutenant Governor on | 4 | | the same ticket shall be printed within a bracket
and a single | 5 | | square shall be printed in front of the bracket. The list
of | 6 | | candidates of the several parties and any such list of | 7 | | independent
candidates shall be placed in separate columns on | 8 | | the ballot in such
order as the election authorities charged | 9 | | with the printing of the
ballots shall decide; provided, that | 10 | | the names of the candidates of the
several political parties, | 11 | | certified by the State Board of Elections to
the several county | 12 | | clerks shall be printed by the county clerk of the
proper | 13 | | county on the official ballot in the order certified by the | 14 | | State
Board of Elections. Any county clerk refusing, neglecting | 15 | | or failing to
print on the official ballot the names of | 16 | | candidates of the several
political parties in the order | 17 | | certified by the State Board of
Elections, and any county clerk | 18 | | who prints or causes to be printed upon
the official ballot the | 19 | | name of a candidate, for an office to be filled
by the Electors | 20 | | of the entire State, whose name has not been duly
certified to | 21 | | him upon a certificate signed by the State Board of
Elections | 22 | | shall be guilty of a Class C misdemeanor.
| 23 | | (b) When an electronic voting system is used which utilizes | 24 | | a ballot
card,
on the inside flap of each ballot card envelope | 25 | | there shall be printed
a form for write-in voting which shall | 26 | | be substantially as follows:
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| 1 | | WRITE-IN VOTES
| 2 | | (See card of instructions for specific information. | 3 | | Duplicate form below
by hand for additional write-in votes.)
| 4 | | _____________________________
| 5 | | Title of Office
| 6 | | ( ) ____________________________
| 7 | | Name of Candidate
| 8 | | Write-in lines equal to the number of candidates for which | 9 | | a voter may vote shall be printed for an office only if one or | 10 | | more persons filed declarations of intent to be write-in | 11 | | candidates or qualify to file declarations to be write-in | 12 | | candidates under Sections 17-16.1 and 18-9.1 when the | 13 | | certification of ballot contains the words "OBJECTION | 14 | | PENDING".
| 15 | | (c) When an electronic voting system is used which uses a | 16 | | ballot sheet,
the
instructions to voters on the ballot sheet | 17 | | shall refer the voter to the
card of instructions for specific | 18 | | information on write-in voting. Below
each office appearing on | 19 | | such ballot sheet there shall be a provision for
the casting of | 20 | | a write-in vote. Write-in lines equal to the number of | 21 | | candidates for which a voter may vote shall be printed for an | 22 | | office only if one or more persons filed declarations of intent | 23 | | to be write-in candidates or qualify to file declarations to be | 24 | | write-in candidates under Sections 17-16.1 and 18-9.1 when the | 25 | | certification of ballot contains the words "OBJECTION | 26 | | PENDING".
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| 1 | | (d) When such electronic system is used, there shall be | 2 | | printed on the
back of each ballot card, each ballot card | 3 | | envelope, and
the first page of the ballot label when a ballot | 4 | | label is used, the
words "Official Ballot," followed by the | 5 | | number of the
precinct or other precinct identification, which | 6 | | may be stamped, in lieu
thereof and, as applicable, the number | 7 | | and name of the township, ward
or other election district for | 8 | | which the ballot card, ballot card
envelope, and ballot label | 9 | | are prepared, the date of the election and a
facsimile of the | 10 | | signature of the election authority who has caused the
ballots | 11 | | to be printed. The back of the ballot card shall also include
a | 12 | | method of identifying the ballot configuration such as a | 13 | | listing of the
political subdivisions and districts for which | 14 | | votes may be cast on that
ballot, or a number code identifying | 15 | | the ballot configuration or color coded
ballots, except that | 16 | | where there is only one ballot configuration in a
precinct, the | 17 | | precinct identification, and any applicable ward
| 18 | | identification, shall be sufficient. Ballot card envelopes | 19 | | used in punch
card systems shall be of paper through which no | 20 | | writing or punches may be
discerned and shall be of sufficient | 21 | | length to enclose all voting
positions. However, the election | 22 | | authority may provide
ballot card envelopes on which no | 23 | | precinct number or township, ward or
other election district | 24 | | designation, or election date are preprinted, if
space and a | 25 | | preprinted form are provided below the space provided for
the | 26 | | names of write-in candidates where such information may be |
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| 1 | | entered
by the judges of election. Whenever an election | 2 | | authority utilizes
ballot card envelopes on which the election | 3 | | date and precinct is not
preprinted, a judge of election shall | 4 | | mark such information for the
particular precinct and election | 5 | | on the envelope in ink before tallying
and counting any | 6 | | write-in vote written thereon.
If some method of insuring | 7 | | ballot secrecy other than an envelope is used,
such information | 8 | | must be provided on the ballot itself.
| 9 | | (e) In the designation of the name of a candidate on the | 10 | | ballot, the
candidate's given name or names, initial or | 11 | | initials, a nickname by
which the candidate is commonly known, | 12 | | or a combination thereof, may be
used in addition to the | 13 | | candidate's surname. If a candidate has changed his or her | 14 | | name, whether by a statutory or common law procedure in | 15 | | Illinois or any other jurisdiction, within 3 years before the | 16 | | last day for filing the petition for nomination, nomination | 17 | | papers, or certificate of nomination for that office, whichever | 18 | | is applicable, then (i) the candidate's name on the ballot must | 19 | | be followed by "formerly known as (list all prior names during | 20 | | the 3-year period) until name changed on (list date of each | 21 | | such name change)" and (ii) the petition, papers, or | 22 | | certificate must be accompanied by the candidate's affidavit | 23 | | stating the candidate's previous names during the period | 24 | | specified in (i) and the date or dates each of those names was | 25 | | changed; failure to meet these requirements shall be grounds | 26 | | for denying certification of the candidate's name for the |
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| 1 | | ballot or removing the candidate's name from the ballot, as | 2 | | appropriate, but these requirements do not apply to name | 3 | | changes resulting from adoption to assume an adoptive parent's | 4 | | or parents' surname, marriage or civil union to assume a | 5 | | spouse's surname, or dissolution of marriage or civil union or | 6 | | declaration of invalidity of marriage or civil union to assume | 7 | | a former surname or a name change that conforms the candidate's | 8 | | name to his or her gender identity . No other designation such
| 9 | | as a political slogan, title, or degree or nickname suggesting | 10 | | or
implying possession of a
title, degree or professional | 11 | | status, or similar information may be used
in connection with | 12 | | the candidate's surname.
For purposes of this Section, a | 13 | | "political slogan" is defined as any
word or words expressing | 14 | | or connoting a position, opinion, or belief that the
candidate | 15 | | may espouse, including but not limited to, any word or words
| 16 | | conveying any meaning other than that of the personal identity | 17 | | of the
candidate. A
candidate may not use a political slogan as | 18 | | part of his or her name on the
ballot, notwithstanding that the | 19 | | political slogan may be part of the
candidate's name.
| 20 | | (f) The State Board of Elections, a local election | 21 | | official, or an
election
authority shall remove any candidate's | 22 | | name designation from a ballot that is
inconsistent with | 23 | | subsection (e) of this Section. In addition, the State Board
of | 24 | | Elections, a local election official, or an election authority | 25 | | shall not
certify to any election authority any candidate name | 26 | | designation that is
inconsistent with subsection (e) of this |
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| 1 | | Section.
| 2 | | (g) If the State Board of Elections, a local election | 3 | | official, or an
election
authority removes a candidate's name | 4 | | designation from a ballot under
subsection (f) of this Section, | 5 | | then the aggrieved candidate may seek
appropriate relief in | 6 | | circuit court.
| 7 | | Where voting machines or electronic voting systems are | 8 | | used, the
provisions of this Section may be modified as | 9 | | required or authorized by
Article 24 or Article 24A, whichever | 10 | | is applicable.
| 11 | | Nothing in this Section shall prohibit election | 12 | | authorities from using
or reusing ballot card envelopes which | 13 | | were printed before the effective
date of this amendatory Act | 14 | | of 1985.
| 15 | | (Source: P.A. 94-1090, eff. 6-1-07; 95-699, eff. 11-9-07; | 16 | | 95-862, eff. 8-19-08.)
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