100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3613

 

Introduced , by Rep. Stephanie A. Kifowit

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/3.1-20-45
65 ILCS 20/21-5  from Ch. 24, par. 21-5
65 ILCS 20/21-12  from Ch. 24, par. 21-12
65 ILCS 20/21-22  from Ch. 24, par. 21-22

    Amends the Illinois Municipal Code. Provides that an office is uncontested at an election when not more than 2 (currently, 4) persons to be nominated for each office have timely filed valid nominating papers seeking nomination for the election to that office, or if a third (currently, fifth) candidate becomes a write-in candidate under specified circumstances. Amends the Revised Cities and Villages Act of 1941. Makes conforming changes for the City of Chicago.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3613LRB100 10238 AWJ 20421 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 3.1-20-45 as follows:
 
6    (65 ILCS 5/3.1-20-45)
7    Sec. 3.1-20-45. Nonpartisan primary elections; uncontested
8office. A city incorporated under this Code that elects
9municipal officers at nonpartisan primary and general
10elections shall conduct the elections as provided in the
11Election Code, except that no office for which nomination is
12uncontested shall be included on the primary ballot and no
13primary shall be held for that office. For the purposes of this
14Section, an office is uncontested when not more than 2 4
15persons to be nominated for each office have timely filed valid
16nominating papers seeking nomination for the election to that
17office.
18    Notwithstanding the preceding paragraph, when a person (i)
19who has not timely filed valid nomination papers and (ii) who
20intends to become a write-in candidate for nomination for any
21office for which nomination is uncontested files a written
22statement or notice of that intent with the proper election
23official with whom the nomination papers for that office are

 

 

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1filed, if the write-in candidate becomes the third fifth
2candidate filed, a primary ballot must be prepared and a
3primary must be held for the office. The statement or notice
4must be filed on or before the 61st day before the consolidated
5primary election. The statement must contain (i) the name and
6address of the person intending to become a write-in candidate,
7(ii) a statement that the person intends to become a write-in
8candidate, and (iii) the office the person is seeking as a
9write-in candidate. An election authority has no duty to
10conduct a primary election or prepare a primary ballot unless a
11statement meeting the requirements of this paragraph is filed
12in a timely manner.
13    If there is a primary election, then candidates shall be
14placed on the ballot for the next succeeding general municipal
15election in the following manner:
16        (1) If one officer is to be elected, then the 2
17    candidates who receive the highest number of votes shall be
18    placed on the ballot for the next succeeding general
19    municipal election.
20        (2) If 2 aldermen are to be elected at large, then the
21    4 candidates who receive the highest number of votes shall
22    be placed on the ballot for the next succeeding general
23    municipal election.
24        (3) If 3 aldermen are to be elected at large, then the
25    6 candidates who receive the highest number of votes shall
26    be placed on the ballot for the next succeeding general

 

 

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1    municipal election.
2    The name of a write-in candidate may not be placed on the
3ballot for the next succeeding general municipal election
4unless he or she receives a number of votes in the primary
5election that equals or exceeds the number of signatures
6required on a petition for nomination for that office or that
7exceeds the number of votes received by at least one of the
8candidates whose names were printed on the primary ballot for
9nomination for or election to the same office.
10(Source: P.A. 97-81, eff. 7-5-11.)
 
11    Section 10. The Revised Cities and Villages Act of 1941 is
12amended by changing Sections 21-5, 21-12, and 21-22 as follows:
 
13    (65 ILCS 20/21-5)  (from Ch. 24, par. 21-5)
14    Sec. 21-5. Mayor; Term of office.
15    (a) The mayor of the city of Chicago shall be elected in
161943 and quadrennially thereafter in a nonpartisan election.
17The candidate receiving a majority of the votes cast for mayor
18at the consolidated primary election shall be declared mayor.
19If no candidate receives a majority of the votes, a runoff
20election shall be held at the consolidated election, when only
21the names of the candidates receiving the highest and second
22highest number of votes at the consolidated primary election
23shall appear on the ballot. If more than one candidate received
24the highest or second highest number of votes at the

 

 

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1consolidated primary election, the names of all candidates
2receiving the highest and second highest number of votes shall
3appear on the ballot at the consolidated election. The
4candidate receiving the highest number of votes at the
5consolidated election shall be declared elected.
6    (b) The mayor shall hold his or her office for 4 years
7beginning at noon on the third Monday in May following his or
8her election, and until his or her successor is elected and
9qualified.
10    (c) The mayor shall be elected in a manner consistent with
11Section 3.1-20-45 of the Illinois Municipal Code.
12(Source: P.A. 93-847, eff. 7-30-04.)
 
13    (65 ILCS 20/21-12)  (from Ch. 24, par. 21-12)
14    Sec. 21-12. City clerk and city treasurer; election;
15tenure. At the time of election of the mayor there shall be
16elected also in a nonpartisan election a city clerk and a city
17treasurer. The candidates receiving a majority of the votes
18cast for clerk and treasurer at the consolidated primary
19election shall be declared the clerk and treasurer. If no
20candidate receives a majority of the votes for one of the
21offices, a runoff election shall be held at the consolidated
22election, when only the names of the candidates receiving the
23highest and second highest number of votes for that office at
24the consolidated primary election shall appear on the ballot.
25If more than one candidate received the highest or second

 

 

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1highest number of votes for one of the offices at the
2consolidated primary election, the names of all candidates
3receiving the highest and second highest number of votes for
4that office shall appear on the ballot at the consolidated
5election. The candidate receiving the highest number of votes
6at the consolidated election shall be declared elected.
7    The clerk and treasurer each shall hold office for a term
8of 4 years beginning at noon on the third Monday in May
9following the election and until a successor is elected and
10qualified. No person, however, shall be elected to the office
11of city treasurer for 2 terms in succession.
12    The city clerk and city treasurer shall be elected in a
13manner consistent with Section 3.1-20-45 of the Illinois
14Municipal Code.
15(Source: P.A. 98-115, eff. 7-29-13.)
 
16    (65 ILCS 20/21-22)  (from Ch. 24, par. 21-22)
17    Sec. 21-22. General election for aldermen; vacancies.
18    (a) A general election for aldermen shall be held in the
19year 1943 and every 4 years thereafter, at which one alderman
20shall be elected from each of the 50 wards provided for by this
21Article. The aldermen elected shall serve for a term of 4 years
22beginning at noon on the third Monday in May following the
23election of city officers, and until their successors are
24elected and have qualified. All elections for aldermen shall be
25in accordance with the provisions of law in force and operative

 

 

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1in the City of Chicago for such elections at the time the
2elections are held.
3    (b) Vacancies occurring in the office of alderman shall be
4filled in the manner prescribed for filling vacancies in
5Section 3.1-10-51 of the Illinois Municipal Code. An
6appointment to fill a vacancy shall be made within 60 days
7after the vacancy occurs. The requirement that an appointment
8be made within 60 days is an exclusive power and function of
9the State and is a denial and limitation under Article VII,
10Section 6, subsection (h) of the Illinois Constitution of the
11power of a home rule municipality to require that an
12appointment be made within a different period after the vacancy
13occurs.
14    (c) Aldermen shall be elected in a manner consistent with
15Section 3.1-20-45 of the Illinois Municipal Code.
16(Source: P.A. 95-1041, eff. 3-25-09.)