100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1473

 

Introduced 2/9/2017, by Sen. Terry Link

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/7-12  from Ch. 46, par. 7-12
10 ILCS 5/10-6.2  from Ch. 46, par. 10-6.2
10 ILCS 5/19-3  from Ch. 46, par. 19-3
10 ILCS 5/19A-15

    Amends the Election Code. Changes the date for when lotteries for determining the order certain petitions were received from within 9 days following the last day for petition filing to within 5 days following the last day for petition filing. Provides that 5 (rather than 7) days written notice of the time and place of the lottery shall be provided. Removes a requirement that the notice be sent to each organization of citizens entitled to have pollwatchers present. Provides that simultaneous filer candidate may be served with notice concerning the lottery. Makes similar changes in provisions concerning minor political parties. Provides that any campaign, party, or other organization or individual that engages in a vote by mail operation shall also provide the voter with a postage-paid, pre-addressed return envelope addressed only to appropriate local election authority. Provides that a permanent polling place for early voting must remain open through the end of the second day before election day (rather than through the end of the day before election day).


LRB100 07985 MLM 18065 b

 

 

A BILL FOR

 

SB1473LRB100 07985 MLM 18065 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
5Sections 7-12, 10-6.2, 19-3, and 19A-15 as follows:
 
6    (10 ILCS 5/7-12)  (from Ch. 46, par. 7-12)
7    Sec. 7-12. All petitions for nomination shall be filed by
8mail or in person as follows:
9        (1) Where the nomination is to be made for a State,
10    congressional, or judicial office, or for any office a
11    nomination for which is made for a territorial division or
12    district which comprises more than one county or is partly
13    in one county and partly in another county or counties,
14    then, except as otherwise provided in this Section, such
15    petition for nomination shall be filed in the principal
16    office of the State Board of Elections not more than 113
17    and not less than 106 days prior to the date of the
18    primary, but, in the case of petitions for nomination to
19    fill a vacancy by special election in the office of
20    representative in Congress from this State, such petition
21    for nomination shall be filed in the principal office of
22    the State Board of Elections not more than 85 days and not
23    less than 82 days prior to the date of the primary.

 

 

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1        Where a vacancy occurs in the office of Supreme,
2    Appellate or Circuit Court Judge within the 3-week period
3    preceding the 106th day before a general primary election,
4    petitions for nomination for the office in which the
5    vacancy has occurred shall be filed in the principal office
6    of the State Board of Elections not more than 92 nor less
7    than 85 days prior to the date of the general primary
8    election.
9        Where the nomination is to be made for delegates or
10    alternate delegates to a national nominating convention,
11    then such petition for nomination shall be filed in the
12    principal office of the State Board of Elections not more
13    than 113 and not less than 106 days prior to the date of
14    the primary; provided, however, that if the rules or
15    policies of a national political party conflict with such
16    requirements for filing petitions for nomination for
17    delegates or alternate delegates to a national nominating
18    convention, the chairman of the State central committee of
19    such national political party shall notify the Board in
20    writing, citing by reference the rules or policies of the
21    national political party in conflict, and in such case the
22    Board shall direct such petitions to be filed in accordance
23    with the delegate selection plan adopted by the state
24    central committee of such national political party.
25        (2) Where the nomination is to be made for a county
26    office or trustee of a sanitary district then such petition

 

 

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1    shall be filed in the office of the county clerk not more
2    than 113 nor less than 106 days prior to the date of the
3    primary.
4        (3) Where the nomination is to be made for a municipal
5    or township office, such petitions for nomination shall be
6    filed in the office of the local election official, not
7    more than 99 nor less than 92 days prior to the date of the
8    primary; provided, where a municipality's or township's
9    boundaries are coextensive with or are entirely within the
10    jurisdiction of a municipal board of election
11    commissioners, the petitions shall be filed in the office
12    of such board; and provided, that petitions for the office
13    of multi-township assessor shall be filed with the election
14    authority.
15        (4) The petitions of candidates for State central
16    committeeman shall be filed in the principal office of the
17    State Board of Elections not more than 113 nor less than
18    106 days prior to the date of the primary.
19        (5) Petitions of candidates for precinct, township or
20    ward committeemen shall be filed in the office of the
21    county clerk not more than 113 nor less than 106 days prior
22    to the date of the primary.
23        (6) The State Board of Elections and the various
24    election authorities and local election officials with
25    whom such petitions for nominations are filed shall specify
26    the place where filings shall be made and upon receipt

 

 

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1    shall endorse thereon the day and hour on which each
2    petition was filed. All petitions filed by persons waiting
3    in line as of 8:00 a.m. on the first day for filing, or as
4    of the normal opening hour of the office involved on such
5    day, shall be deemed filed as of 8:00 a.m. or the normal
6    opening hour, as the case may be. Petitions filed by mail
7    and received after midnight of the first day for filing and
8    in the first mail delivery or pickup of that day shall be
9    deemed as filed as of 8:00 a.m. of that day or as of the
10    normal opening hour of such day, as the case may be. All
11    petitions received thereafter shall be deemed as filed in
12    the order of actual receipt. However, 2 or more petitions
13    filed within the last hour of the filing deadline shall be
14    deemed filed simultaneously. Where 2 or more petitions are
15    received simultaneously, the State Board of Elections or
16    the various election authorities or local election
17    officials with whom such petitions are filed shall break
18    ties and determine the order of filing, by means of a
19    lottery or other fair and impartial method of random
20    selection approved by the State Board of Elections. Such
21    lottery shall be conducted within 5 9 days following the
22    last day for petition filing and shall be open to the
23    public. Five Seven days written notice of the time and
24    place of conducting such random selection shall be given by
25    the State Board of Elections to the chairman of the State
26    central committee of each established political party, and

 

 

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1    by each election authority or local election official, to
2    the County Chairman of each established political party,
3    and to each organization of citizens within the election
4    jurisdiction which was entitled, under this Article, at the
5    next preceding election, to have pollwatchers present on
6    the day of election. Each simultaneous filer candidate may
7    be served with written notice of the time and place of the
8    lottery at the time of filing the nominating petition. The
9    State Board of Elections, election authority or local
10    election official shall post in a conspicuous, open and
11    public place, at the entrance of the office, notice of the
12    time and place of such lottery. The State Board of
13    Elections shall adopt rules and regulations governing the
14    procedures for the conduct of such lottery. All candidates
15    shall be certified in the order in which their petitions
16    have been filed. Where candidates have filed
17    simultaneously, they shall be certified in the order
18    determined by lot and prior to candidates who filed for the
19    same office at a later time.
20        (7) The State Board of Elections or the appropriate
21    election authority or local election official with whom
22    such a petition for nomination is filed shall notify the
23    person for whom a petition for nomination has been filed of
24    the obligation to file statements of organization, reports
25    of campaign contributions, and annual reports of campaign
26    contributions and expenditures under Article 9 of this Act.

 

 

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1    Such notice shall be given in the manner prescribed by
2    paragraph (7) of Section 9-16 of this Code.
3        (8) Nomination papers filed under this Section are not
4    valid if the candidate named therein fails to file a
5    statement of economic interests as required by the Illinois
6    Governmental Ethics Act in relation to his candidacy with
7    the appropriate officer by the end of the period for the
8    filing of nomination papers unless he has filed a statement
9    of economic interests in relation to the same governmental
10    unit with that officer within a year preceding the date on
11    which such nomination papers were filed. If the nomination
12    papers of any candidate and the statement of economic
13    interest of that candidate are not required to be filed
14    with the same officer, the candidate must file with the
15    officer with whom the nomination papers are filed a receipt
16    from the officer with whom the statement of economic
17    interests is filed showing the date on which such statement
18    was filed. Such receipt shall be so filed not later than
19    the last day on which nomination papers may be filed.
20        (9) Any person for whom a petition for nomination, or
21    for committeeman or for delegate or alternate delegate to a
22    national nominating convention has been filed may cause his
23    name to be withdrawn by request in writing, signed by him
24    and duly acknowledged before an officer qualified to take
25    acknowledgments of deeds, and filed in the principal or
26    permanent branch office of the State Board of Elections or

 

 

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1    with the appropriate election authority or local election
2    official, not later than the date of certification of
3    candidates for the consolidated primary or general primary
4    ballot. No names so withdrawn shall be certified or printed
5    on the primary ballot. If petitions for nomination have
6    been filed for the same person with respect to more than
7    one political party, his name shall not be certified nor
8    printed on the primary ballot of any party. If petitions
9    for nomination have been filed for the same person for 2 or
10    more offices which are incompatible so that the same person
11    could not serve in more than one of such offices if
12    elected, that person must withdraw as a candidate for all
13    but one of such offices within the 5 business days
14    following the last day for petition filing. A candidate in
15    a judicial election may file petitions for nomination for
16    only one vacancy in a subcircuit and only one vacancy in a
17    circuit in any one filing period, and if petitions for
18    nomination have been filed for the same person for 2 or
19    more vacancies in the same circuit or subcircuit in the
20    same filing period, his or her name shall be certified only
21    for the first vacancy for which the petitions for
22    nomination were filed. If he fails to withdraw as a
23    candidate for all but one of such offices within such time
24    his name shall not be certified, nor printed on the primary
25    ballot, for any office. For the purpose of the foregoing
26    provisions, an office in a political party is not

 

 

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1    incompatible with any other office.
2        (10)(a) Notwithstanding the provisions of any other
3    statute, no primary shall be held for an established
4    political party in any township, municipality, or ward
5    thereof, where the nomination of such party for every
6    office to be voted upon by the electors of such township,
7    municipality, or ward thereof, is uncontested. Whenever a
8    political party's nomination of candidates is uncontested
9    as to one or more, but not all, of the offices to be voted
10    upon by the electors of a township, municipality, or ward
11    thereof, then a primary shall be held for that party in
12    such township, municipality, or ward thereof; provided
13    that the primary ballot shall not include those offices
14    within such township, municipality, or ward thereof, for
15    which the nomination is uncontested. For purposes of this
16    Article, the nomination of an established political party
17    of a candidate for election to an office shall be deemed to
18    be uncontested where not more than the number of persons to
19    be nominated have timely filed valid nomination papers
20    seeking the nomination of such party for election to such
21    office.
22        (b) Notwithstanding the provisions of any other
23    statute, no primary election shall be held for an
24    established political party for any special primary
25    election called for the purpose of filling a vacancy in the
26    office of representative in the United States Congress

 

 

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1    where the nomination of such political party for said
2    office is uncontested. For the purposes of this Article,
3    the nomination of an established political party of a
4    candidate for election to said office shall be deemed to be
5    uncontested where not more than the number of persons to be
6    nominated have timely filed valid nomination papers
7    seeking the nomination of such established party for
8    election to said office. This subsection (b) shall not
9    apply if such primary election is conducted on a regularly
10    scheduled election day.
11        (c) Notwithstanding the provisions in subparagraph (a)
12    and (b) of this paragraph (10), whenever a person who has
13    not timely filed valid nomination papers and who intends to
14    become a write-in candidate for a political party's
15    nomination for any office for which the nomination is
16    uncontested files a written statement or notice of that
17    intent with the State Board of Elections or the local
18    election official with whom nomination papers for such
19    office are filed, a primary ballot shall be prepared and a
20    primary shall be held for that office. Such statement or
21    notice shall be filed on or before the date established in
22    this Article for certifying candidates for the primary
23    ballot. Such statement or notice shall contain (i) the name
24    and address of the person intending to become a write-in
25    candidate, (ii) a statement that the person is a qualified
26    primary elector of the political party from whom the

 

 

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1    nomination is sought, (iii) a statement that the person
2    intends to become a write-in candidate for the party's
3    nomination, and (iv) the office the person is seeking as a
4    write-in candidate. An election authority shall have no
5    duty to conduct a primary and prepare a primary ballot for
6    any office for which the nomination is uncontested unless a
7    statement or notice meeting the requirements of this
8    Section is filed in a timely manner.
9        (11) If multiple sets of nomination papers are filed
10    for a candidate to the same office, the State Board of
11    Elections, appropriate election authority or local
12    election official where the petitions are filed shall
13    within 2 business days notify the candidate of his or her
14    multiple petition filings and that the candidate has 3
15    business days after receipt of the notice to notify the
16    State Board of Elections, appropriate election authority
17    or local election official that he or she may cancel prior
18    sets of petitions. If the candidate notifies the State
19    Board of Elections, appropriate election authority or
20    local election official, the last set of petitions filed
21    shall be the only petitions to be considered valid by the
22    State Board of Elections, election authority or local
23    election official. If the candidate fails to notify the
24    State Board of Elections, election authority or local
25    election official then only the first set of petitions
26    filed shall be valid and all subsequent petitions shall be

 

 

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1    void.
2        (12) All nominating petitions shall be available for
3    public inspection and shall be preserved for a period of
4    not less than 6 months.
5(Source: P.A. 99-221, eff. 7-31-15.)
 
6    (10 ILCS 5/10-6.2)  (from Ch. 46, par. 10-6.2)
7    Sec. 10-6.2. The State Board of Elections, the election
8authority or the local election official with whom petitions
9for nomination are filed pursuant to this Article 10 shall
10specify the place where filings shall be made and upon receipt
11shall endorse thereon the day and the hour at which each
12petition was filed. Except as provided by Article 9 of The
13School Code, all petitions filed by persons waiting in line as
14of 8:00 a.m. on the first day for filing, or as of the normal
15opening hour of the office involved on such day, shall be
16deemed filed as of 8:00 a.m. or the normal opening hour, as the
17case may be. Petitions filed by mail and received after
18midnight of the first day for filing and in the first mail
19delivery or pickup of that day shall be deemed filed as of 8:00
20a.m. of that day or as of the normal opening hour of such day,
21as the case may be. All petitions received thereafter shall be
22deemed filed in the order of actual receipt. However, 2 or more
23petitions filed within the last hour of the filing deadline
24shall be deemed filed simultaneously. Where 2 or more petitions
25are received simultaneously, the State Board of Elections, the

 

 

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1election authority or the local election official with whom
2such petitions are filed shall break ties and determine the
3order of filing by means of a lottery or other fair and
4impartial method of random selection approved by the State
5Board of Elections. Such lottery shall be conducted within 5 9
6days following the last day for petition filing and shall be
7open to the public. Five Seven days written notice of the time
8and place of conducting such random selection shall be given,
9by the State Board of Elections, the election authority, or
10local election official, to the Chairman of each political
11party, and to each organization of citizens within the election
12jurisdiction which was entitled, under this Code, at the next
13preceding election, to have pollwatchers present on the day of
14election. Each simultaneous filer candidate may be served with
15written notice of the time and place of the lottery at the time
16of filing the nominating petition. The State Board of
17Elections, the election authority or local election official
18shall post in a conspicuous, open and public place, at the
19entrance of the office, notice of the time and place of such
20lottery. The State Board of Elections shall adopt rules and
21regulations governing the procedures for the conduct of such
22lottery. All candidates shall be certified in the order in
23which their petitions have been filed and in the manner
24prescribed by Section 10-14 and 10-15 of this Article. Where
25candidates have filed simultaneously, they shall be certified
26in the order determined by lot and prior to candidates who

 

 

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1filed for the same office or offices at a later time.
2Certificates of nomination filed within the period prescribed
3in Section 10-6(2) for candidates nominated by caucus for
4township or municipal offices shall be subject to the ballot
5placement lottery for established political parties prescribed
6in Section 7-60 of this Code.
7    If multiple sets of nomination papers are filed for a
8candidate to the same office, the State Board of Elections,
9appropriate election authority or local election official
10where the petitions are filed shall within 2 business days
11notify the candidate of his or her multiple petition filings
12and that the candidate has 3 business days after receipt of the
13notice to notify the State Board of Elections, appropriate
14election authority or local election official that he or she
15may cancel prior sets of petitions. If the candidate notifies
16the State Board of Elections, appropriate election authority or
17local election official, the last set of petitions filed shall
18be the only petitions to be considered valid by the State Board
19of Elections, election authority or local election official. If
20the candidate fails to notify the State Board of Elections,
21appropriate election authority or local election official then
22only the first set of petitions filed shall be valid and all
23subsequent petitions shall be void.
24(Source: P.A. 98-115, eff. 7-29-13.)
 
25    (10 ILCS 5/19-3)  (from Ch. 46, par. 19-3)

 

 

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1    Sec. 19-3. The application for vote by mail ballot shall be
2substantially in the following form:
3
APPLICATION FOR VOTE BY MAIL BALLOT
4    To be voted at the .... election in the County of .... and
5State of Illinois, in the .... precinct of the (1) *township of
6.... (2) *City of .... or (3) *.... ward in the City of ....
7    I state that I am a resident of the .... precinct of the
8(1) *township of .... (2) *City of .... or (3) *.... ward in
9the city of .... residing at .... in such city or town in the
10county of .... and State of Illinois; that I have lived at such
11address for .... month(s) last past; that I am lawfully
12entitled to vote in such precinct at the .... election to be
13held therein on ....; and that I wish to vote by vote by mail
14ballot.
15    I hereby make application for an official ballot or ballots
16to be voted by me at such election, and I agree that I shall
17return such ballot or ballots to the official issuing the same
18prior to the closing of the polls on the date of the election
19or, if returned by mail, postmarked no later than election day,
20for counting no later than during the period for counting
21provisional ballots, the last day of which is the 14th day
22following election day.
23    I understand that this application is made for an official
24vote by mail ballot or ballots to be voted by me at the
25election specified in this application and that I must submit a
26separate application for an official vote by mail ballot or

 

 

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1ballots to be voted by me at any subsequent election.
2    Under penalties as provided by law pursuant to Section
329-10 of the Election Code, the undersigned certifies that the
4statements set forth in this application are true and correct.
5
....
6
*fill in either (1), (2) or (3).
7
Post office address to which ballot is mailed:
8...............
9    However, if application is made for a primary election
10ballot, such application shall require the applicant to
11designate the name of the political party with which the
12applicant is affiliated.
13    If application is made electronically, the applicant shall
14mark the box associated with the above described statement
15included as part of the online application certifying that the
16statements set forth in this application are true and correct,
17and a signature is not required.
18    Any person may produce, reproduce, distribute, or return to
19an election authority the application for vote by mail ballot.
20Any campaign, party, or other organization or individual that
21engages in a vote by mail operation where voters are sent
22applications for vote by mail ballots shall also provide the
23voter with a postage-paid, pre-addressed return envelope
24addressed only to the local election authority whose
25jurisdiction is appropriate for that registered voter. Upon
26receipt, the appropriate election authority shall accept and

 

 

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1promptly process any application for vote by mail ballot
2submitted in a form substantially similar to that required by
3this Section, including any substantially similar production
4or reproduction generated by the applicant.
5(Source: P.A. 98-115, eff. 7-29-13; 98-1171, eff. 6-1-15;
699-522, eff. 6-30-16.)
 
7    (10 ILCS 5/19A-15)
8    Sec. 19A-15. Period for early voting; hours.
9    (a) The period for early voting by personal appearance
10begins the 40th day preceding a general primary, consolidated
11primary, consolidated, or general election and extends through
12the end of the day before election day.
13    (b) Except as otherwise provided by this Section, a
14permanent polling place for early voting must remain open
15beginning the 15th day before an election through the end of
16the second day before election day during the hours of 8:30
17a.m. to 4:30 p.m., or 9:00 a.m. to 5:00 p.m., on weekdays,
18except that beginning 8 days before election day, a permanent
19polling place for early voting must remain open during the
20hours of 8:30 a.m. to 7:00 p.m., or 9:00 a.m. to 7:00 p.m., and
219:00 a.m. to 12:00 p.m. on Saturdays and holidays, and 10:00
22a.m. to 4 p.m. on Sundays; except that, in addition to the
23hours required by this subsection, a permanent polling place
24designated by an election authority under subsections (c), (d),
25and (e) of Section 19A-10 must remain open for a total of at

 

 

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1least 8 hours on any holiday during the early voting period and
2a total of at least 14 hours on the final weekend during the
3early voting period.
4    (c) Notwithstanding subsection (b), an election authority
5may close an early voting polling place if the building in
6which the polling place is located has been closed by the State
7or unit of local government in response to a severe weather
8emergency or other force majeure. The election authority shall
9notify the State Board of Elections of any closure and shall
10make reasonable efforts to provide notice to the public of an
11alternative location for early voting.
12    (d) (Blank).
13(Source: P.A. 97-81, eff. 7-5-11; 97-766, eff. 7-6-12; 98-4,
14eff. 3-12-13; 98-115, eff. 7-29-13; 98-691, eff. 7-1-14;
1598-1171, eff. 6-1-15.)