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Public Act 097-1044
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| HB5203 Enrolled | LRB097 18651 PJG 63885 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 Section |
7-12 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 |
mail or
in person as follows:
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(1) Where the nomination is to be made for a State, |
congressional, or
judicial office, or for any office a |
nomination for which is made for a
territorial division or |
district which comprises more than one county or
is partly |
in one county and partly in another county or counties, |
then,
except as otherwise provided in this Section, such |
petition for nomination
shall be filed in the principal |
office of the State Board of Elections not
more than 113 |
and not less than 106 days prior to the date of the |
primary,
but, in the case of petitions for nomination to |
fill a vacancy by special
election in the office of |
representative in Congress from this State, such
petition |
for nomination shall be filed in the principal office of |
the State
Board of Elections not more than 57 days and not |
less than 50 days prior to
the date of the primary.
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Where a vacancy occurs in the office of Supreme, |
Appellate or Circuit
Court Judge within the 3-week period |
preceding the 106th day before a
general primary election, |
petitions for nomination for the office in which
the |
vacancy has occurred shall be filed in the principal office |
of the
State Board of Elections not more than 92 nor less |
than 85 days prior to
the date of the general primary |
election.
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Where the nomination is to be made for delegates or |
alternate
delegates to a national nominating convention, |
then such petition for
nomination shall be filed in the |
principal office of the State Board of
Elections not more |
than 113 and not less than 106 days prior to the date of
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the primary; provided, however, that if the rules or |
policies of a national
political party conflict with such |
requirements for filing petitions for
nomination for |
delegates or alternate delegates to a national nominating
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convention, the chairman of the State central committee of |
such national
political party shall notify the Board in |
writing, citing by reference the
rules or policies of the |
national political party in conflict, and in such
case the |
Board shall direct such petitions to be filed in accordance |
with the delegate selection plan adopted by the state |
central committee of such national political party.
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(2) Where the nomination is to be made for a county |
office or trustee
of a sanitary district then such petition |
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shall be filed in the office
of the county clerk not more |
than 113 nor less than 106 days prior to the
date of the |
primary.
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(3) Where the nomination is to be made for a municipal |
or township
office, such petitions for nomination shall be |
filed in the office of
the local election official, not |
more than 99 nor less than 92 days
prior to the date of the |
primary; provided, where a municipality's or
township's |
boundaries are coextensive with or are entirely within the
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jurisdiction of a municipal board of election |
commissioners, the petitions
shall be filed in the office |
of such board; and provided, that petitions
for the office |
of multi-township assessor shall be filed with the election
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authority.
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(4) The petitions of candidates for State central |
committeeman shall
be filed in the principal office of the |
State Board of Elections not
more than 113 nor less than |
106 days prior to the date of the primary.
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(5) Petitions of candidates for precinct, township or |
ward
committeemen shall be filed in the office of the |
county clerk not more
than 113 nor less than 106 days prior |
to the date of the primary.
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(6) The State Board of Elections and the various |
election authorities
and local election officials with |
whom such petitions for nominations
are filed shall specify |
the place where filings shall be made and upon
receipt |
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shall endorse thereon the day and hour on which each |
petition
was filed. All petitions filed by persons waiting |
in line as of 8:00
a.m. on the first day for filing, or as |
of the normal opening hour of
the office involved on such |
day, shall be deemed filed as of 8:00 a.m.
or the normal |
opening hour, as the case may be. Petitions filed by mail
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and received after midnight of the first day for filing and |
in the first
mail delivery or pickup of that day shall be |
deemed as filed as of 8:00
a.m. of that day or as of the |
normal opening hour of such day, as the
case may be. All |
petitions received thereafter shall be deemed as filed
in |
the order of actual receipt. However, 2 or more petitions |
filed within the last hour of the filing deadline shall be |
deemed filed simultaneously. Where 2 or more petitions are |
received
simultaneously, the State Board of Elections or |
the various election
authorities or local election |
officials with whom such petitions are
filed shall break |
ties and determine the order of filing, by means of a
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lottery or other fair and impartial method of random |
selection approved
by the State Board of Elections. Such |
lottery shall be conducted within
9 days following the last |
day for petition filing and shall be open to the
public. |
Seven days written notice of the time and place of |
conducting such
random selection shall be given by the |
State Board of Elections to the
chairman of the State |
central committee of each established political
party, and |
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by each election authority or local election official, to |
the
County Chairman of each established political party, |
and to each
organization of citizens within the election |
jurisdiction which was
entitled, under this Article, at the |
next preceding election, to have
pollwatchers present on |
the day of election. The State Board of Elections,
election |
authority or local election official shall post in a |
conspicuous,
open and public place, at the entrance of the |
office, notice of the time
and place of such lottery. The |
State Board of Elections shall adopt rules
and regulations |
governing the procedures for the conduct of such lottery.
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All candidates shall be certified in the order in which |
their petitions
have been filed. Where candidates have |
filed simultaneously, they shall be
certified in the order |
determined by lot and prior to candidates who filed
for the |
same office at a later time.
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(7) The State Board of Elections or the appropriate |
election
authority or local election official with whom |
such a petition for
nomination is filed shall notify the |
person for whom a petition for
nomination has been filed of |
the obligation to file statements of
organization, reports |
of campaign contributions, and annual reports of
campaign |
contributions and expenditures under Article 9 of this Act.
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Such notice shall be given in the manner prescribed by |
paragraph (7) of
Section 9-16 of this Code.
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(8) Nomination papers filed under this Section are not |
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valid if the
candidate named therein fails to file a |
statement of economic interests
as required by the Illinois |
Governmental Ethics Act in relation to his
candidacy with |
the appropriate officer by the end of the period for the
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filing of nomination papers unless he has filed a statement |
of economic
interests in relation to the same governmental |
unit with that officer
within a year preceding the date on |
which such nomination papers were
filed. If the nomination |
papers of any candidate and the statement of
economic |
interest of that candidate are not required to be filed |
with
the same officer, the candidate must file with the |
officer with whom the
nomination papers are filed a receipt |
from the officer with whom the
statement of economic |
interests is filed showing the date on which such
statement |
was filed. Such receipt shall be so filed not later than |
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last day on which nomination papers may be filed.
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(9) Any person for whom a petition for nomination, or |
for committeeman or
for delegate or alternate delegate to a |
national nominating convention has
been filed may cause his |
name to be withdrawn by request in writing, signed
by him |
and duly acknowledged before an officer qualified to take
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acknowledgments of deeds, and filed in the principal or |
permanent branch
office of the State Board of Elections or |
with the appropriate election
authority or local election |
official, not later than the date of
certification of |
candidates for the consolidated primary or general primary
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ballot. No names so withdrawn shall be certified or printed |
on the
primary ballot. If petitions for nomination have |
been filed for the
same person with respect to more than |
one political party, his name
shall not be certified nor |
printed on the primary ballot of any party.
If petitions |
for nomination have been filed for the same person for 2 or
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more offices which are incompatible so that the same person |
could not
serve in more than one of such offices if |
elected, that person must
withdraw as a candidate for all |
but one of such offices within the
5 business days |
following the last day for petition filing. A candidate in |
a judicial election may file petitions for nomination for |
only one vacancy in a subcircuit and only one vacancy in a |
circuit in any one filing period, and if petitions for |
nomination have been filed for the same person for 2 or |
more vacancies in the same circuit or subcircuit in the |
same filing period, his or her name shall be certified only |
for the first vacancy for which the petitions for |
nomination were filed. If he fails to
withdraw as a |
candidate for all but one of such offices within such time
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his name shall not be certified, nor printed on the primary |
ballot, for any
office. For the purpose of the foregoing |
provisions, an office in a
political party is not |
incompatible with any other office.
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(10)(a) Notwithstanding the provisions of any other |
statute, no primary
shall be held for an established |
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political party in any township,
municipality, or ward |
thereof, where the nomination of such
party for every |
office to be voted upon by the electors of such
township, |
municipality, or ward thereof, is uncontested. Whenever a
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political party's nomination of candidates is uncontested |
as to one or
more, but not all, of the offices to be voted |
upon by the electors of a
township, municipality, or ward |
thereof, then a primary shall
be held for that party in |
such township, municipality, or ward thereof;
provided |
that the primary ballot shall not include those offices
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within such township, municipality, or ward thereof, for |
which the
nomination is uncontested. For purposes of this |
Article, the nomination
of an established political party |
of a candidate for election to an office
shall be deemed to |
be uncontested where not more than the number of persons
to |
be nominated have timely filed valid nomination papers |
seeking the
nomination of such party for election to such |
office.
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(b) Notwithstanding the provisions of any other |
statute, no primary
election shall be held for an |
established political party for any special
primary |
election called for the purpose of filling a vacancy in the |
office
of representative in the United States Congress |
where the nomination of
such political party for said |
office is uncontested. For the purposes of
this Article, |
the nomination of an established political party of a
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candidate for election to said office shall be deemed to be |
uncontested
where not more than the number of persons to be |
nominated have timely filed
valid nomination papers |
seeking the nomination of such established party
for |
election to said office. This subsection (b) shall not |
apply if such
primary election is conducted on a regularly |
scheduled election day.
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(c) Notwithstanding the provisions in subparagraph (a) |
and (b) of this
paragraph (10), whenever a person who has |
not timely filed valid nomination
papers and who intends to |
become a write-in candidate for a political
party's |
nomination for any office for which the nomination is |
uncontested
files a written statement or notice of that |
intent with the State Board of
Elections or the local |
election official with whom nomination papers for
such |
office are filed, a primary ballot shall be prepared and a |
primary
shall be held for that office. Such statement or |
notice shall be filed on
or before the date established in |
this Article for certifying candidates
for the primary |
ballot. Such statement or notice shall contain (i) the
name |
and address of the person intending to become a write-in |
candidate,
(ii) a statement that the person is a qualified |
primary elector of the
political party from whom the |
nomination is sought, (iii) a statement that
the person |
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 |
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write-in
candidate. An election authority shall have no |
duty to conduct a primary
and prepare a primary ballot for |
any office for which the nomination is
uncontested unless a |
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 candidate to
the same office, the State Board of |
Elections, appropriate election
authority or local |
election official where the petitions are filed shall
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within 2 business days notify the candidate of his or her |
multiple petition
filings and that the candidate has 3 |
business days after receipt of the
notice to notify the |
State Board of Elections, appropriate election
authority |
or local election official that he or she may cancel prior |
sets
of petitions. If the candidate notifies the State |
Board of Elections,
appropriate election authority or |
local election official, the last set of
petitions filed |
shall be the only petitions to be considered valid by the
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State Board of Elections, election authority or local |
election official. If
the candidate fails to notify the |
State Board of Elections, election authority
or local
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election official then only the first set of petitions |
filed shall be valid
and all subsequent petitions shall be |
void.
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(12) All nominating petitions shall be available for |
public inspection
and shall be preserved for a period of |