Illinois General Assembly - Full Text of Public Act 095-0916
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Public Act 095-0916


 

Public Act 0916 95TH GENERAL ASSEMBLY





 

 


 
Public Act 095-0916
 
SB1872 Enrolled LRB095 14191 JAM 40059 b

    AN ACT concerning elections.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. If and only if Senate Bill 662 of the 95th
General Assembly becomes law, the Election Code is amended by
changing Section 7-10 as follows:
 
    (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
    Sec. 7-10. Form of petition for nomination. The name of no
candidate for nomination, or State central committeeman, or
township committeeman, or precinct committeeman, or ward
committeeman or candidate for delegate or alternate delegate to
national nominating conventions, shall be printed upon the
primary ballot unless a petition for nomination has been filed
in his behalf as provided in this Article in substantially the
following form:
    We, the undersigned, members of and affiliated with the
.... party and qualified primary electors of the .... party, in
the .... of ...., in the county of .... and State of Illinois,
do hereby petition that the following named person or persons
shall be a candidate or candidates of the .... party for the
nomination for (or in case of committeemen for election to) the
office or offices hereinafter specified, to be voted for at the
primary election to be held on (insert date).
    NameOfficeAddress
John JonesGovernorBelvidere, Ill.
Thomas SmithAttorney GeneralOakland, Ill.
Name..................         Address.......................
 
State of Illinois)
                 ) ss.
County of........)
    I, ...., do hereby certify that I reside at No. ....
street, in the .... of ...., county of ...., and State of
....., that I am 18 years of age or older, that I am a citizen
of the United States, and that the signatures on this sheet
were signed in my presence, and are genuine, and that to the
best of my knowledge and belief the persons so signing were at
the time of signing the petitions qualified voters of the ....
party, and that their respective residences are correctly
stated, as above set forth.
.........................
    Subscribed and sworn to before me on (insert date).
.........................

 
    Each sheet of the petition other than the statement of
candidacy and candidate's statement shall be of uniform size
and shall contain above the space for signatures an appropriate
heading giving the information as to name of candidate or
candidates, in whose behalf such petition is signed; the
office, the political party represented and place of residence;
and the heading of each sheet shall be the same.
    Such petition shall be signed by qualified primary electors
residing in the political division for which the nomination is
sought in their own proper persons only and opposite the
signature of each signer, his residence address shall be
written or printed. The residence address required to be
written or printed opposite each qualified primary elector's
name shall include the street address or rural route number of
the signer, as the case may be, as well as the signer's county,
and city, village or town, and state. However the county or
city, village or town, and state of residence of the electors
may be printed on the petition forms where all of the electors
signing the petition reside in the same county or city, village
or town, and state. Standard abbreviations may be used in
writing the residence address, including street number, if any.
At the bottom of each sheet of such petition shall be added a
circulator statement signed by a person 18 years of age or
older who is a citizen of the United States, stating the street
address or rural route number, as the case may be, as well as
the county, city, village or town, and state; and certifying
that the signatures on that sheet of the petition were signed
in his or her presence and certifying that the signatures are
genuine; and either (1) indicating the dates on which that
sheet was circulated, or (2) indicating the first and last
dates on which the sheet was circulated, or (3) certifying that
none of the signatures on the sheet were signed more than 90
days preceding the last day for the filing of the petition and
certifying that to the best of his or her knowledge and belief
the persons so signing were at the time of signing the
petitions qualified voters of the political party for which a
nomination is sought. Such statement shall be sworn to before
some officer authorized to administer oaths in this State.
    No petition sheet shall be circulated more than 90 days
preceding the last day provided in Section 7-12 for the filing
of such petition.
    The person circulating the petition, or the candidate on
whose behalf the petition is circulated, may strike any
signature from the petition, provided that:
        (1) the person striking the signature shall initial the
    petition at the place where the signature is struck; and
        (2) the person striking the signature shall sign a
    certification listing the page number and line number of
    each signature struck from the petition. Such
    certification shall be filed as a part of the petition.
    Such sheets before being filed shall be neatly fastened
together in book form, by placing the sheets in a pile and
fastening them together at one edge in a secure and suitable
manner, and the sheets shall then be numbered consecutively.
The sheets shall not be fastened by pasting them together end
to end, so as to form a continuous strip or roll. All petition
sheets which are filed with the proper local election
officials, election authorities or the State Board of Elections
shall be the original sheets which have been signed by the
voters and by the circulator thereof, and not photocopies or
duplicates of such sheets. Each petition must include as a part
thereof, a statement of candidacy for each of the candidates
filing, or in whose behalf the petition is filed. This
statement shall set out the address of such candidate, the
office for which he is a candidate, shall state that the
candidate is a qualified primary voter of the party to which
the petition relates and is qualified for the office specified
(in the case of a candidate for State's Attorney it shall state
that the candidate is at the time of filing such statement a
licensed attorney-at-law of this State), shall state that he
has filed (or will file before the close of the petition filing
period) a statement of economic interests as required by the
Illinois Governmental Ethics Act, shall request that the
candidate's name be placed upon the official ballot, and shall
be subscribed and sworn to by such candidate before some
officer authorized to take acknowledgment of deeds in the State
and shall be in substantially the following form:
Statement of Candidacy
NameAddressOfficeDistrictParty
John Jones102 Main St.GovernorStatewideRepublican
Belvidere,

 
Illinois
State of Illinois)
                 ) ss.
County of .......)
    I, ...., being first duly sworn, say that I reside at ....
Street in the city (or village) of ...., in the county of ....,
State of Illinois; that I am a qualified voter therein and am a
qualified primary voter of the .... party; that I am a
candidate for nomination (for election in the case of
committeeman and delegates and alternate delegates) to the
office of .... to be voted upon at the primary election to be
held on (insert date); that I am legally qualified (including
being the holder of any license that may be an eligibility
requirement for the office I seek the nomination for) to hold
such office and that I have filed (or I will file before the
close of the petition filing period) a statement of economic
interests as required by the Illinois Governmental Ethics Act
and I hereby request that my name be printed upon the official
primary ballot for nomination for (or election to in the case
of committeemen and delegates and alternate delegates) such
office.
Signed ......................
    Subscribed and sworn to (or affirmed) before me by ....,
who is to me personally known, on (insert date).
Signed ....................
(Official Character)
(Seal, if officer has one.)
 
    The petitions, when filed, shall not be withdrawn or added
to, and no signatures shall be revoked except by revocation
filed in writing with the State Board of Elections, election
authority or local election official with whom the petition is
required to be filed, and before the filing of such petition.
Whoever forges the name of a signer upon any petition required
by this Article is deemed guilty of a forgery and on conviction
thereof shall be punished accordingly.
    A candidate for the offices listed in this Section must
obtain the number of signatures specified in this Section on
his or her petition for nomination.
    (a) Statewide office or delegate to a national nominating
convention. If a candidate seeks to run for statewide office or
as a delegate or alternate delegate to a national nominating
convention elected from the State at-large, then the
candidate's petition for nomination must contain at least 5,000
but not more than 10,000 signatures.
    (b) Congressional office or congressional delegate to a
national nominating convention. If a candidate seeks to run for
United States Congress or as a congressional delegate or
alternate congressional delegate to a national nominating
convention elected from a congressional district, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary
electors of his or her party in his or her congressional
district. In the first primary election following a
redistricting of congressional districts, a candidate's
petition for nomination must contain at least 600 signatures of
qualified primary electors of the candidate's political party
in his or her congressional district.
    (c) County office. If a candidate seeks to run for any
countywide office, including but not limited to county board
chairperson or county board member, elected on an at-large
basis, in a county other than Cook County, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified electors of his or
her party who cast votes at the last preceding general election
in his or her county (or 1.5% if the county is DuPage County).
If a candidate seeks to run for county board member elected
from a county board district, then the candidate's petition for
nomination must contain at least the number of signatures equal
to 0.5% of the qualified primary electors of his or her party
in the county board district (or 1.5% if the county is DuPage
County). In the first primary election following a
redistricting of county board districts or the initial
establishment of county board districts, a candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified electors of his or
her party in the entire county who cast votes at the last
preceding general election divided by the total number of
county board districts comprising the county board (or 1.5% if
the county is DuPage County); provided that in no event shall
the number of signatures be less than 25.
    (d) County office; Cook County only.
        (1) If a candidate seeks to run for countywide office
    in Cook County, then the candidate's petition for
    nomination must contain at least the number of signatures
    equal to 0.5% of the qualified electors of his or her party
    who cast votes at the last preceding general election in
    Cook County.
        (2) If a candidate seeks to run for Cook County Board
    Commissioner, then the candidate's petition for nomination
    must contain at least the number of signatures equal to
    0.5% of the qualified primary electors of his or her party
    in his or her county board district. In the first primary
    election following a redistricting of Cook County Board of
    Commissioners districts, a candidate's petition for
    nomination must contain at least the number of signatures
    equal to 0.5% of the qualified electors of his or her party
    in the entire county who cast votes at the last preceding
    general election divided by the total number of county
    board districts comprising the county board; provided that
    in no event shall the number of signatures be less than 25.
        (3) If a candidate seeks to run for Cook County Board
    of Review Commissioner, which is elected from a district
    pursuant to subsection (c) of Section 5-5 of the Property
    Tax Code, then the candidate's petition for nomination must
    contain at least the number of signatures equal to 0.5% of
    the total number of registered voters in his or her board
    of review district in the last general election at which a
    commissioner was regularly scheduled to be elected from
    that board of review district. In no event shall the number
    of signatures required be greater than the requisite number
    for a candidate who seeks countywide office in Cook County
    under subsection (d)(1) of this Section. In the first
    primary election following a redistricting of Cook County
    Board of Review districts, a candidate's petition for
    nomination must contain at least 4,000 signatures or at
    least the number of signatures required for a countywide
    candidate in Cook County, whichever is less, of the
    qualified electors of his or her party in the district.
    (e) Municipal or township office. If a candidate seeks to
run for municipal or township office, then the candidate's
petition for nomination must contain at least the number of
signatures equal to 0.5% of the qualified primary electors of
his or her party in the municipality or township. If a
candidate seeks to run for alderman of a municipality, then the
candidate's petition for nomination must contain at least the
number of signatures equal to 0.5% of the qualified primary
electors of his or her party of the ward. In the first primary
election following redistricting of aldermanic wards or
trustee districts of a municipality or the initial
establishment of wards or districts, a candidate's petition for
nomination must contain the number of signatures equal to at
least 0.5% of the total number of votes cast for the candidate
of that political party who received the highest number of
votes in the entire municipality at the last regular election
at which an officer was regularly scheduled to be elected from
the entire municipality, divided by the number of wards or
districts. In no event shall the number of signatures be less
than 25.
    (f) State central committeeperson. If a candidate seeks to
run for State central committeeperson, then the candidate's
petition for nomination must contain at least 100 signatures of
the primary electors of his or her party of his or her
congressional district.
    (g) Sanitary district trustee. If a candidate seeks to run
for trustee of a sanitary district in which trustees are not
elected from wards, then the candidate's petition for
nomination must contain at least the number of signatures equal
to 0.5% of the primary electors of his or her party from the
sanitary district. If a candidate seeks to run for trustee of a
sanitary district in which trustees are elected from wards,
then the candidate's petition for nomination must contain at
least the number of signatures equal to 0.5% of the primary
electors of his or her party in the ward of that sanitary
district. In the first primary election following
redistricting of sanitary districts elected from wards, a
candidate's petition for nomination must contain at least the
signatures of 150 qualified primary electors of his or her ward
of that sanitary district.
    (h) Judicial office. If a candidate seeks to run for
judicial office in a district, then the candidate's petition
for nomination must contain the number of signatures equal to
0.4% of the number of votes cast in that district for the
candidate for his or her political party for the office of
Governor at the last general election at which a Governor was
elected, but in no event less than 500 signatures. If a
candidate seeks to run for judicial office in a circuit or
subcircuit, then the candidate's petition for nomination must
contain the number of signatures equal to 0.25% of the number
of votes cast for the judicial candidate of his or her
political party who received the highest number of votes at the
last general election at which a judicial officer from the same
circuit or subcircuit was regularly scheduled to be elected,
but in no event less than 500 signatures.
    (i) Precinct, ward, and township committeeperson. If a
candidate seeks to run for precinct committeeperson, then the
candidate's petition for nomination must contain at least 10
signatures of the primary electors of his or her party for the
precinct. If a candidate seeks to run for ward committeeperson,
then the candidate's petition for nomination must contain no
less than the number of signatures equal to 10% of the primary
electors of his or her party of the ward, but no more than 16%
of those same electors; provided that the maximum number of
signatures may be 50 more than the minimum number, whichever is
greater. If a candidate seeks to run for township
committeeperson, then the candidate's petition for nomination
must contain no less than the number of signatures equal to 5%
of the primary electors of his or her party of the township,
but no more than 8% of those same electors; provided that the
maximum number of signatures may be 50 more than the minimum
number, whichever is greater.
    (j) State's attorney or regional superintendent of schools
for multiple counties. If a candidate seeks to run for State's
attorney or regional Superintendent of Schools who serves more
than one county, then the candidate's petition for nomination
must contain at least the number of signatures equal to 0.5% of
the primary electors of his or her party in the territory
comprising the counties.
    (k) Any other office. If a candidate seeks any other
office, then the candidate's petition for nomination must
contain at least the number of signatures equal to 0.5% of the
registered voters of the political subdivision, district, or
division for which the nomination is made or 25 signatures,
whichever is greater.
    For purposes of this Section the number of primary electors
shall be determined by taking the total vote cast, in the
applicable district, for the candidate for that political party
who received the highest number of votes, statewide, at the
last general election in the State at which electors for
President of the United States were elected. For political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the political subdivision at the last regular election at
which an officer was regularly scheduled to be elected from
that subdivision. For wards or districts of political
subdivisions, the number of primary electors shall be
determined by taking the total vote cast for the candidate for
that political party who received the highest number of votes
in the ward or district at the last regular election at which
an officer was regularly scheduled to be elected from that ward
or district.
    A "qualified primary elector" of a party may not sign
petitions for or be a candidate in the primary of more than one
party.
    The changes made to this Section of this amendatory Act of
the 93rd General Assembly are declarative of existing law,
except for item (3) of subsection (d).
    Petitions of candidates for nomination for offices herein
specified, to be filed with the same officer, may contain the
names of 2 or more candidates of the same political party for
the same or different offices.
(Source: 09500SB0662enr.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/26/2008