100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4889

 

Introduced , by Rep. William Davis

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-10  from Ch. 46, par. 7-10

    Amends the Election Code. Modifies the language of the petition nomination form for candidates. Provides that a candidate for an office must certify that he or she has not exceeded any limitations on the number of terms that he or she may serve for the office. Effective immediately.


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A BILL FOR

 

HB4889LRB100 17729 MJP 32902 b

1    AN ACT concerning elections.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
57-10 as follows:
 
6    (10 ILCS 5/7-10)  (from Ch. 46, par. 7-10)
7    Sec. 7-10. Form of petition for nomination. The name of no
8candidate for nomination, or State central committeeman, or
9township committeeman, or precinct committeeman, or ward
10committeeman or candidate for delegate or alternate delegate to
11national nominating conventions, shall be printed upon the
12primary ballot unless a petition for nomination has been filed
13in his behalf as provided in this Article in substantially the
14following form:
15    We, the undersigned, members of and affiliated with the
16.... party and qualified primary electors of the .... party, in
17the .... of ...., in the county of .... and State of Illinois,
18do hereby petition that the following named person or persons
19shall be a candidate or candidates of the .... party for the
20nomination for (or in case of committeemen for election to) the
21office or offices hereinafter specified, to be voted for at the
22primary election to be held on (insert date).
23    NameOfficeAddress

 

 

 

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1John JonesGovernorBelvidere, Ill.
2Jane James Lieutenant Governor Peoria, Ill.
3Thomas SmithAttorney GeneralOakland, Ill.
4Name..................         Address.......................
 
5State of Illinois)
6                 ) ss.
7County of........)
8    I, ...., do hereby certify that I reside at No. ....
9street, in the .... of ...., county of ...., and State of
10....., that I am 18 years of age or older, that I am a citizen
11of the United States, that I have not exceeded any limitation
12on the number of terms I may serve for this office, and that
13the signatures on this sheet were signed in my presence, and
14are genuine, and that to the best of my knowledge and belief
15the persons so signing were at the time of signing the
16petitions qualified voters of the .... party, and that their
17respective residences are correctly stated, as above set forth.
18
.........................
19    Subscribed and sworn to before me on (insert date).
20
.........................

 
21    Each sheet of the petition other than the statement of
22candidacy and candidate's statement shall be of uniform size
23and shall contain above the space for signatures an appropriate

 

 

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1heading giving the information as to name of candidate or
2candidates, in whose behalf such petition is signed; the
3office, the political party represented and place of residence;
4and the heading of each sheet shall be the same.
5    Such petition shall be signed by qualified primary electors
6residing in the political division for which the nomination is
7sought in their own proper persons only and opposite the
8signature of each signer, his residence address shall be
9written or printed. The residence address required to be
10written or printed opposite each qualified primary elector's
11name shall include the street address or rural route number of
12the signer, as the case may be, as well as the signer's county,
13and city, village or town, and state. However the county or
14city, village or town, and state of residence of the electors
15may be printed on the petition forms where all of the electors
16signing the petition reside in the same county or city, village
17or town, and state. Standard abbreviations may be used in
18writing the residence address, including street number, if any.
19At the bottom of each sheet of such petition shall be added a
20circulator statement signed by a person 18 years of age or
21older who is a citizen of the United States, stating the street
22address or rural route number, as the case may be, as well as
23the county, city, village or town, and state; and certifying
24that the signatures on that sheet of the petition were signed
25in his or her presence and certifying that the signatures are
26genuine; and either (1) indicating the dates on which that

 

 

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1sheet was circulated, or (2) indicating the first and last
2dates on which the sheet was circulated, or (3) certifying that
3none of the signatures on the sheet were signed more than 90
4days preceding the last day for the filing of the petition and
5certifying that to the best of his or her knowledge and belief
6the persons so signing were at the time of signing the
7petitions qualified voters of the political party for which a
8nomination is sought. Such statement shall be sworn to before
9some officer authorized to administer oaths in this State.
10    No petition sheet shall be circulated more than 90 days
11preceding the last day provided in Section 7-12 for the filing
12of such petition.
13    The person circulating the petition, or the candidate on
14whose behalf the petition is circulated, may strike any
15signature from the petition, provided that:
16        (1) the person striking the signature shall initial the
17    petition at the place where the signature is struck; and
18        (2) the person striking the signature shall sign a
19    certification listing the page number and line number of
20    each signature struck from the petition. Such
21    certification shall be filed as a part of the petition.
22    Such sheets before being filed shall be neatly fastened
23together in book form, by placing the sheets in a pile and
24fastening them together at one edge in a secure and suitable
25manner, and the sheets shall then be numbered consecutively.
26The sheets shall not be fastened by pasting them together end

 

 

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1to end, so as to form a continuous strip or roll. All petition
2sheets which are filed with the proper local election
3officials, election authorities or the State Board of Elections
4shall be the original sheets which have been signed by the
5voters and by the circulator thereof, and not photocopies or
6duplicates of such sheets. Each petition must include as a part
7thereof, a statement of candidacy for each of the candidates
8filing, or in whose behalf the petition is filed. This
9statement shall set out the address of such candidate, the
10office for which he is a candidate, shall state that the
11candidate is a qualified primary voter of the party to which
12the petition relates and is qualified for the office specified
13(in the case of a candidate for State's Attorney it shall state
14that the candidate is at the time of filing such statement a
15licensed attorney-at-law of this State), shall state that he
16has filed (or will file before the close of the petition filing
17period) a statement of economic interests as required by the
18Illinois Governmental Ethics Act, shall request that the
19candidate's name be placed upon the official ballot, and shall
20be subscribed and sworn to by such candidate before some
21officer authorized to take acknowledgment of deeds in the State
22and shall be in substantially the following form:
23
Statement of Candidacy
24NameAddressOfficeDistrictParty
25John Jones102 Main St.GovernorStatewideRepublican
26Belvidere,

 

 

 

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1Illinois
2State of Illinois)
3                 ) ss.
4County of .......)
5    I, ...., being first duly sworn, say that I reside at ....
6Street in the city (or village) of ...., in the county of ....,
7State of Illinois; that I am a qualified voter therein and am a
8qualified primary voter of the .... party; that I am a
9candidate for nomination (for election in the case of
10committeeman and delegates and alternate delegates) to the
11office of .... to be voted upon at the primary election to be
12held on (insert date); that I am legally qualified (including
13being the holder of any license that may be an eligibility
14requirement for the office I seek the nomination for) to hold
15such office and that I have filed (or I will file before the
16close of the petition filing period) a statement of economic
17interests as required by the Illinois Governmental Ethics Act
18and I hereby request that my name be printed upon the official
19primary ballot for nomination for (or election to in the case
20of committeemen and delegates and alternate delegates) such
21office.
22
Signed ......................
23    Subscribed and sworn to (or affirmed) before me by ....,
24who is to me personally known, on (insert date).
25
Signed ....................

 

 

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1
(Official Character)
2(Seal, if officer has one.)
 
3    The petitions, when filed, shall not be withdrawn or added
4to, and no signatures shall be revoked except by revocation
5filed in writing with the State Board of Elections, election
6authority or local election official with whom the petition is
7required to be filed, and before the filing of such petition.
8Whoever forges the name of a signer upon any petition required
9by this Article is deemed guilty of a forgery and on conviction
10thereof shall be punished accordingly.
11    A candidate for the offices listed in this Section must
12obtain the number of signatures specified in this Section on
13his or her petition for nomination.
14    (a) Statewide office or delegate to a national nominating
15convention. If a candidate seeks to run for statewide office or
16as a delegate or alternate delegate to a national nominating
17convention elected from the State at-large, then the
18candidate's petition for nomination must contain at least 5,000
19but not more than 10,000 signatures.
20    (b) Congressional office or congressional delegate to a
21national nominating convention. If a candidate seeks to run for
22United States Congress or as a congressional delegate or
23alternate congressional delegate to a national nominating
24convention elected from a congressional district, then the
25candidate's petition for nomination must contain at least the

 

 

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1number of signatures equal to 0.5% of the qualified primary
2electors of his or her party in his or her congressional
3district. In the first primary election following a
4redistricting of congressional districts, a candidate's
5petition for nomination must contain at least 600 signatures of
6qualified primary electors of the candidate's political party
7in his or her congressional district.
8    (c) County office. If a candidate seeks to run for any
9countywide office, including but not limited to county board
10chairperson or county board member, elected on an at-large
11basis, in a county other than Cook County, then the candidate's
12petition for nomination must contain at least the number of
13signatures equal to 0.5% of the qualified electors of his or
14her party who cast votes at the last preceding general election
15in his or her county. If a candidate seeks to run for county
16board member elected from a county board district, then the
17candidate's petition for nomination must contain at least the
18number of signatures equal to 0.5% of the qualified primary
19electors of his or her party in the county board district. In
20the first primary election following a redistricting of county
21board districts or the initial establishment of county board
22districts, a candidate's petition for nomination must contain
23at least the number of signatures equal to 0.5% of the
24qualified electors of his or her party in the entire county who
25cast votes at the last preceding general election divided by
26the total number of county board districts comprising the

 

 

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1county board; provided that in no event shall the number of
2signatures be less than 25.
3    (d) County office; Cook County only.
4        (1) If a candidate seeks to run for countywide office
5    in Cook County, then the candidate's petition for
6    nomination must contain at least the number of signatures
7    equal to 0.5% of the qualified electors of his or her party
8    who cast votes at the last preceding general election in
9    Cook County.
10        (2) If a candidate seeks to run for Cook County Board
11    Commissioner, then the candidate's petition for nomination
12    must contain at least the number of signatures equal to
13    0.5% of the qualified primary electors of his or her party
14    in his or her county board district. In the first primary
15    election following a redistricting of Cook County Board of
16    Commissioners districts, a candidate's petition for
17    nomination must contain at least the number of signatures
18    equal to 0.5% of the qualified electors of his or her party
19    in the entire county who cast votes at the last preceding
20    general election divided by the total number of county
21    board districts comprising the county board; provided that
22    in no event shall the number of signatures be less than 25.
23        (3) If a candidate seeks to run for Cook County Board
24    of Review Commissioner, which is elected from a district
25    pursuant to subsection (c) of Section 5-5 of the Property
26    Tax Code, then the candidate's petition for nomination must

 

 

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1    contain at least the number of signatures equal to 0.5% of
2    the total number of registered voters in his or her board
3    of review district in the last general election at which a
4    commissioner was regularly scheduled to be elected from
5    that board of review district. In no event shall the number
6    of signatures required be greater than the requisite number
7    for a candidate who seeks countywide office in Cook County
8    under subsection (d)(1) of this Section. In the first
9    primary election following a redistricting of Cook County
10    Board of Review districts, a candidate's petition for
11    nomination must contain at least 4,000 signatures or at
12    least the number of signatures required for a countywide
13    candidate in Cook County, whichever is less, of the
14    qualified electors of his or her party in the district.
15    (e) Municipal or township office. If a candidate seeks to
16run for municipal or township office, then the candidate's
17petition for nomination must contain at least the number of
18signatures equal to 0.5% of the qualified primary electors of
19his or her party in the municipality or township. If a
20candidate seeks to run for alderman of a municipality, then the
21candidate's petition for nomination must contain at least the
22number of signatures equal to 0.5% of the qualified primary
23electors of his or her party of the ward. In the first primary
24election following redistricting of aldermanic wards or
25trustee districts of a municipality or the initial
26establishment of wards or districts, a candidate's petition for

 

 

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1nomination must contain the number of signatures equal to at
2least 0.5% of the total number of votes cast for the candidate
3of that political party who received the highest number of
4votes in the entire municipality at the last regular election
5at which an officer was regularly scheduled to be elected from
6the entire municipality, divided by the number of wards or
7districts. In no event shall the number of signatures be less
8than 25.
9    (f) State central committeeperson. If a candidate seeks to
10run for State central committeeperson, then the candidate's
11petition for nomination must contain at least 100 signatures of
12the primary electors of his or her party of his or her
13congressional district.
14    (g) Sanitary district trustee. If a candidate seeks to run
15for trustee of a sanitary district in which trustees are not
16elected from wards, then the candidate's petition for
17nomination must contain at least the number of signatures equal
18to 0.5% of the primary electors of his or her party from the
19sanitary district. If a candidate seeks to run for trustee of a
20sanitary district in which trustees are elected from wards,
21then the candidate's petition for nomination must contain at
22least the number of signatures equal to 0.5% of the primary
23electors of his or her party in the ward of that sanitary
24district. In the first primary election following
25redistricting of sanitary districts elected from wards, a
26candidate's petition for nomination must contain at least the

 

 

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1signatures of 150 qualified primary electors of his or her ward
2of that sanitary district.
3    (h) Judicial office. If a candidate seeks to run for
4judicial office in a district, then the candidate's petition
5for nomination must contain the number of signatures equal to
60.4% of the number of votes cast in that district for the
7candidate for his or her political party for the office of
8Governor at the last general election at which a Governor was
9elected, but in no event less than 500 signatures. If a
10candidate seeks to run for judicial office in a circuit or
11subcircuit, then the candidate's petition for nomination must
12contain the number of signatures equal to 0.25% of the number
13of votes cast for the judicial candidate of his or her
14political party who received the highest number of votes at the
15last general election at which a judicial officer from the same
16circuit or subcircuit was regularly scheduled to be elected,
17but in no event less than 1,000 signatures in circuits and
18subcircuits located in the First Judicial District or 500
19signatures in every other Judicial District.
20    (i) Precinct, ward, and township committeeperson. If a
21candidate seeks to run for precinct committeeperson, then the
22candidate's petition for nomination must contain at least 10
23signatures of the primary electors of his or her party for the
24precinct. If a candidate seeks to run for ward committeeperson,
25then the candidate's petition for nomination must contain no
26less than the number of signatures equal to 10% of the primary

 

 

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1electors of his or her party of the ward, but no more than 16%
2of those same electors; provided that the maximum number of
3signatures may be 50 more than the minimum number, whichever is
4greater. If a candidate seeks to run for township
5committeeperson, then the candidate's petition for nomination
6must contain no less than the number of signatures equal to 5%
7of the primary electors of his or her party of the township,
8but no more than 8% of those same electors; provided that the
9maximum number of signatures may be 50 more than the minimum
10number, whichever is greater.
11    (j) State's attorney or regional superintendent of schools
12for multiple counties. If a candidate seeks to run for State's
13attorney or regional Superintendent of Schools who serves more
14than one county, then the candidate's petition for nomination
15must contain at least the number of signatures equal to 0.5% of
16the primary electors of his or her party in the territory
17comprising the counties.
18    (k) Any other office. If a candidate seeks any other
19office, then the candidate's petition for nomination must
20contain at least the number of signatures equal to 0.5% of the
21registered voters of the political subdivision, district, or
22division for which the nomination is made or 25 signatures,
23whichever is greater.
24    For purposes of this Section the number of primary electors
25shall be determined by taking the total vote cast, in the
26applicable district, for the candidate for that political party

 

 

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1who received the highest number of votes, statewide, at the
2last general election in the State at which electors for
3President of the United States were elected. For political
4subdivisions, the number of primary electors shall be
5determined by taking the total vote cast for the candidate for
6that political party who received the highest number of votes
7in the political subdivision at the last regular election at
8which an officer was regularly scheduled to be elected from
9that subdivision. For wards or districts of political
10subdivisions, the number of primary electors shall be
11determined by taking the total vote cast for the candidate for
12that political party who received the highest number of votes
13in the ward or district at the last regular election at which
14an officer was regularly scheduled to be elected from that ward
15or district.
16    A "qualified primary elector" of a party may not sign
17petitions for or be a candidate in the primary of more than one
18party.
19    The changes made to this Section of this amendatory Act of
20the 93rd General Assembly are declarative of existing law,
21except for item (3) of subsection (d).
22    Petitions of candidates for nomination for offices herein
23specified, to be filed with the same officer, may contain the
24names of 2 or more candidates of the same political party for
25the same or different offices. In the case of the offices of
26Governor and Lieutenant Governor, a joint petition including

 

 

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1one candidate for each of those offices must be filed.
2(Source: P.A. 96-1018, eff. 1-1-11; 97-81, eff. 7-5-11.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.