Full Text of HB6224 97th General Assembly
HB6224 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB6224 Introduced , by Rep. Timothy L. Schmitz SYNOPSIS AS INTRODUCED: |
| 10 ILCS 5/10-1 | from Ch. 46, par. 10-1 | 10 ILCS 5/10-6 | from Ch. 46, par. 10-6 |
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Amends the Election Code. In a Section concerning nominations by minor political parties, provides that, in the case of consolidated elections, nomination papers shall be filed during the 7-day period beginning on the first Tuesday of December immediately preceding the consolidated election. 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 10-1 and 10-6 as follows:
| 6 | | (10 ILCS 5/10-1) (from Ch. 46, par. 10-1)
| 7 | | Sec. 10-1. Application of Article to minor political | 8 | | parties.
| 9 | | (a) Political parties as defined in this Article and | 10 | | individual
voters to the number and in the manner specified in | 11 | | this Article may
nominate candidates for public offices whose | 12 | | names shall be placed on
the ballot to be furnished, as | 13 | | provided in this Article. No
nominations may be made under this | 14 | | Article 10, however, by any
established political party which, | 15 | | at the general election next
preceding, polled more than 5% of | 16 | | the entire vote cast in the State,
district, or unit of local | 17 | | government for which the nomination is made.
Those nominations | 18 | | provided for in Section 45-5 of the Township Code
shall be made | 19 | | as prescribed in Sections 45-10 through 45-45 of that
Code for | 20 | | nominations
by established political parties, but minor | 21 | | political parties and
individual voters are governed by this | 22 | | Article. Any convention,
caucus, or meeting of qualified voters | 23 | | of any established political party
as defined in this Article |
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| 1 | | may, however, make one
nomination for each office therein to be
| 2 | | filled at any election for officers of a municipality with a | 3 | | population
of less than 5,000 by causing a certificate of | 4 | | nomination to be filed
with the municipal clerk as provided in | 5 | | Section 10-6 of this Code no earlier than 113 and no later than | 6 | | 106 days before
the election at which the nominated candidates | 7 | | are to be on the ballot .
The municipal caucuses shall be | 8 | | conducted on the first Monday in December of even-numbered | 9 | | years,
except that, when that Monday is a holiday or the eve
of | 10 | | a holiday, the caucuses shall be held on the next business day | 11 | | following the
holiday. Every certificate of nomination shall
| 12 | | state the facts required in Section 10-5 of this Article and
| 13 | | shall be signed by the presiding officer and by the secretary | 14 | | of the
convention, caucus, or meeting, who shall add to their | 15 | | signatures their
places of residence. The certificates shall be | 16 | | sworn to by them to be
true to the best of their knowledge and | 17 | | belief, and a certificate of the
oath shall be annexed to the | 18 | | certificate of nomination.
| 19 | | (b) Publication of the time and place of holding the caucus | 20 | | shall be given
by the municipal clerk. For municipalities of | 21 | | over 500 population, notice
of the caucus shall be published in | 22 | | a newspaper published in the
municipality. If there is no such | 23 | | newspaper, then the notice
shall be published in a newspaper
| 24 | | published in the county and having general circulation in the | 25 | | municipality.
For municipalities of 500 population or less,
| 26 | | notice of the caucus shall be given by the municipal clerk by |
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| 1 | | posting the
notice in 3 of the most public places in the | 2 | | municipality. The
publication or posting shall be given at | 3 | | least 10 days before the caucus.
| 4 | | (c) As provided in Sections 3.1-25-20 through 3.1-25-60 of | 5 | | the Illinois
Municipal Code, a village may adopt a system of | 6 | | nonpartisan primary and general
elections for the election of | 7 | | village officers.
| 8 | | (d) Any city, village, or incorporated town with a | 9 | | population of 5,000 or
less may, by ordinance, determine that | 10 | | established political parties shall
nominate candidates for | 11 | | municipal office in the city, village, or
incorporated town by | 12 | | primary in accordance with Article 7.
| 13 | | (e) Only those voters who reside within the territory for | 14 | | which the
nomination is made shall be permitted to vote or take | 15 | | part in the
proceedings of any convention, caucus, or meeting | 16 | | of individual voters or
of any political party held under this | 17 | | Section.
No voter shall vote or take part in the proceedings of | 18 | | more than one
convention, caucus, or meeting to make a | 19 | | nomination for the same office.
| 20 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 21 | | (10 ILCS 5/10-6) (from Ch. 46, par. 10-6)
| 22 | | Sec. 10-6. Time and manner of filing. Certificates
of
| 23 | | nomination and nomination papers for the nomination of | 24 | | candidates for
offices to be filled by electors of the entire | 25 | | State, or any district
not entirely within a county, or for |
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| 1 | | congressional, state legislative or
judicial offices, shall be | 2 | | presented to the principal office of the
State Board of | 3 | | Elections not more than 141 nor less than 134
days previous
to | 4 | | the day of election for which the candidates are nominated. The
| 5 | | State Board of Elections shall endorse the certificates of | 6 | | nomination or
nomination papers, as the case may be, and the | 7 | | date and hour of
presentment to it. Except as otherwise | 8 | | provided in this section, all
other certificates for the | 9 | | nomination of candidates shall be filed with
the county clerk | 10 | | of the respective counties not more than 141 but at
least 134 | 11 | | days previous to the day of such election. Certificates
of
| 12 | | nomination and nomination papers for the nomination of | 13 | | candidates for
the offices of political subdivisions to be | 14 | | filled at regular elections
other than the general election | 15 | | shall be filed with the local election
official of such | 16 | | subdivision:
| 17 | | (1) (Blank);
| 18 | | (2) during the 7-day period beginning on the first | 19 | | Tuesday of December immediately preceding not more than 113 | 20 | | nor less than 106 days prior to the
consolidated
election; | 21 | | or
| 22 | | (3) not more than 113 nor less than 106 days prior to | 23 | | the general
primary in the case of municipal offices to be | 24 | | filled at the general
primary election; or
| 25 | | (4) not more than 99 nor less than 92 days before the
| 26 | | consolidated
primary in the case of municipal offices to be |
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| 1 | | elected on a nonpartisan
basis pursuant to law (including | 2 | | without limitation, those municipal
offices subject to | 3 | | Articles 4 and 5 of the Municipal Code); or
| 4 | | (5) not more than 113 nor less than 106 days before the | 5 | | municipal
primary in even numbered years for such | 6 | | nonpartisan municipal offices
where annual elections are | 7 | | provided; or
| 8 | | (6) in the case of petitions for the office of | 9 | | multi-township assessor,
such petitions shall be filed | 10 | | with the election authority during the 7-day period | 11 | | beginning on the first Tuesday of December immediately | 12 | | preceding not more than
113 nor less than 106 days before | 13 | | the consolidated election.
| 14 | | However, where a political subdivision's boundaries are | 15 | | co-extensive
with or are entirely within the jurisdiction of a | 16 | | municipal board of
election commissioners, the certificates of | 17 | | nomination and nomination
papers for candidates for such | 18 | | political subdivision offices shall be filed
in the office of | 19 | | such Board.
| 20 | | (Source: P.A. 95-699, eff. 11-9-07; 96-1008, eff. 7-6-10.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law.
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